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VOLUME 3
Titles 28B through 37
2008
REVISED CODE OF WASHINGTON
Published under the authority of chapter 1.08 RCW.
Containing all laws of a general and permanent nature through the 2008 regular session, which
adjourned sine die March 13, 2008.
(2008 Ed.)
[Preface—p i]
REVISED CODE OF WASHINGTON
2008 Edition
©
2008 State of Washington
CERTIFICATE
The 2008 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in accordance with RCW 1.08.037, certified to comply with the current specifications of the committee.
MARTY BROWN, Chair
STATUTE LAW COMMITTEE
PRINTED ON RECYCLABLE MATERIAL
For recycling information call:
Recycle Hotline
1-800-732-9253
[Preface—p ii]
(2008 Ed.)
PREFACE
Numbering system: The number of each section of this code is made up of three parts, in sequence as follows: Number of title; number of chapter within the title; number of section within the chapter. Thus RCW
1.04.020 is Title 1, chapter 4, section 20. The section part of the number (.020) is initially made up of three digits,
constitutes a true decimal, and provides a facility for numbering new sections to be inserted between old sections
already consecutively numbered, merely by adding one or more digits at the end of the number. In most chapters of
the code, sections have been numbered by tens (.010, .020, .030, .040, etc.), leaving nine vacant numbers between
original sections so that for a time new sections may be inserted without extension of the section number beyond
three digits.
Citation to the Revised Code of Washington: The code should be cited as RCW; see RCW 1.04.040. An
RCW title should be cited Title 7 RCW. An RCW chapter should be cited chapter 7.24 RCW. An RCW section
should be cited RCW 7.24.010. Through references should be made as RCW 7.24.010 through 7.24.100. Series of
sections should be cited as RCW 7.24.010, 7.24.020, and 7.24.030.
History of the Revised Code of Washington; Source notes: The Revised Code of Washington was
adopted by the legislature in 1950; see chapter 1.04 RCW. The original publication (1951) contained material variances from the language and organization of the session laws from which it was derived, including a variety of divisions and combinations of the session law sections. During 1953 through 1959, the Statute Law Committee, in
exercise of the powers in chapter 1.08 RCW, completed a comprehensive study of these variances and, by means of
a series of administrative orders or reenactment bills, restored each title of the code to reflect its session law source,
but retaining the general codification scheme originally adopted. An audit trail of this activity has been preserved in
the concluding segments of the source note of each section of the code so affected. The legislative source of each
section is enclosed in brackets [ ] at the end of the section. Reference to session laws is abbreviated; thus "1891 c 23
§ 1; 1854 p 99 § 135" refers to section 1, chapter 23, Laws of 1891 and section 135, page 99, Laws of 1854. "Prior"
indicates a break in the statutory chain, usually a repeal and reenactment. "RRS or Rem. Supp.——" indicates the
parallel citation in Remington's Revised Code, last published in 1949.
Where, before restoration, a section of this code constituted a consolidation of two or more sections of the
session laws, or of sections separately numbered in Remington's, the line of derivation is shown for each component
section, with each line of derivation being set off from the others by use of small Roman numerals, "(i)," "(ii)," etc.
Where, before restoration, only a part of a session law section was reflected in a particular RCW section the
history note reference is followed by the word "part."
"Formerly" and its correlative form "FORMER PART OF SECTION" followed by an RCW citation preserves the record of original codification.
Double amendments: Some double or other multiple amendments to a section made without reference to
each other are set out in the code in smaller (8-point) type. See RCW 1.12.025.
Index: Titles 1 through 91 are indexed in the RCW General Index. Separate indexes are provided for the
Rules of Court and the State Constitution.
Sections repealed or decodified; Disposition table: Memorials to RCW sections repealed or decodified
are tabulated in numerical order in the table entitled "Disposition of former RCW sections."
Codification tables: To convert a session law citation to its RCW number (for Laws of 1951 or later) consult the codification tables. A similar table is included to relate the disposition in RCW of sections of Remington's
Revised Statutes.
Errors or omissions: (1) Where an obvious clerical error has been made in the law during the legislative
process, the code reviser adds a corrected word, phrase, or punctuation mark in [brackets] for clarity. These additions do not constitute any part of the law.
(2) Although considerable care has been taken in the production of this code, within the limits of available
time and facilities it is inevitable that in so large a work that there will be errors, both mechanical and of judgment.
When those who use this code detect errors in particular sections, a note citing the section involved and the nature of
the error may be sent to: Code Reviser, Box 40551, Olympia, WA 98504-0551, so that correction may be made in a
subsequent publication.
(2008 Ed.)
[Preface—p iii]
TITLES OF THE REVISED CODE OF WASHINGTON
1
46
47
Highways and motor vehicles
Motor vehicles
Public highways and transportation
48
Insurance
49
50
51
Labor
Labor regulations
Unemployment compensation
Industrial insurance
52
53
54
55
57
Local service districts
Fire protection districts
Port districts
Public utility districts
Sanitary districts
Water-sewer districts
58
59
60
61
62A
63
64
65
Property rights and incidents
Boundaries and plats
Landlord and tenant
Liens
Mortgages, deeds of trust, and real estate contracts
Uniform Commercial Code
Personal property
Real property and conveyances
Recording, registration, and legal publication
66
67
68
69
70
71
71A
72
73
74
Public health, safety, and welfare
Alcoholic beverage control
Sports and recreation—Convention facilities
Cemeteries, morgues, and human remains
Food, drugs, cosmetics, and poisons
Public health and safety
Mental illness
Developmental disabilities
State institutions
Veterans and veterans' affairs
Public assistance
76
77
78
79
79A
Public resources
Forests and forest products
Fish and wildlife
Mines, minerals, and petroleum
Public lands
Public recreational lands
80
81
Public service
Public utilities
Transportation
82
83
84
Taxation
Excise taxes
Estate taxation
Property taxes
85
86
87
88
89
90
91
Waters
Diking and drainage
Flood control
Irrigation
Navigation and harbor improvements
Reclamation, soil conservation, and land settlement
Water rights—Environment
Waterways
General provisions
2
3
4
5
6
7
8
9
9A
10
11
12
13
Judicial
Courts of record
District courts—Courts of limited jurisdiction
Civil procedure
Evidence
Enforcement of judgments
Special proceedings and actions
Eminent domain
Crimes and punishments
Washington Criminal Code
Criminal procedure
Probate and trust law
District courts—Civil procedure
Juvenile courts and juvenile offenders
14
Aeronautics
15
16
17
Agriculture
Agriculture and marketing
Animals and livestock
Weeds, rodents, and pests
18
19
20
21
22
Businesses and professions
Businesses and professions
Business regulations—Miscellaneous
Commission merchants—Agricultural products
Securities and investments
Warehousing and deposits
23
23B
24
25
Corporations, associations, and partnerships
Corporations and associations (Profit)
Washington business corporation act
Corporations and associations (Nonprofit)
Partnerships
26
Domestic relations
27
28A
28B
28C
Education
Libraries, museums, and historical activities
Common school provisions
Higher education
Vocational education
29A
Elections
30
31
32
33
Financial institutions
Banks and trust companies
Miscellaneous loan agencies
Mutual savings banks
Savings and loan associations
34
35
35A
36
37
38
39
40
41
42
43
44
Government
Administrative law
Cities and towns
Optional Municipal Code
Counties
Federal areas—Indians
Militia and military affairs
Public contracts and indebtedness
Public documents, records, and publications
Public employment, civil service, and pensions
Public officers and agencies
State government—Executive
State government—Legislative
[Preface—p iv]
(2008 Ed.)
Title 28B
Title 28B
HIGHER EDUCATION
Chapters
28B.04
Displaced homemaker act.
28B.06
Project even start.
28B.07
Washington higher education facilities authority.
28B.10
Colleges and universities generally.
28B.12
State work-study program.
28B.13
1974 Bond issue for capital improvements.
28B.14
1975 Bond issue for capital improvements.
28B.14B 1977 Bond issue for capital improvements.
28B.14C 1977 Bond act for the refunding of outstanding
limited obligation revenue bonds.
28B.14D 1979 Bond issue for capital improvements.
28B.14E 1979 Bond issue for capital improvements.
28B.14F Bond issues for capital improvements.
28B.14G 1981 Bond issue for capital improvements
(1981 c 233).
28B.14H Washington’s future bond issue.
28B.15
College and university fees.
28B.20
University of Washington.
28B.25
Joint center for higher education.
28B.30
Washington State University.
28B.31
1977 Washington State University buildings
and facilities financing act.
28B.32
Community technology opportunity program.
28B.35
Regional universities.
28B.38
Spokane intercollegiate research and technology institute.
28B.40
The Evergreen State College.
28B.45
Branch campuses.
28B.50
Community and technical colleges.
28B.52
Collective bargaining—Academic personnel in
community colleges.
28B.56
1972 Community colleges facilities aid—Bond
issue.
28B.57
1975 Community college special capital
projects bond act.
28B.58
1975 Community college general capital
projects bond act.
28B.59
1976 Community college capital projects bond
act.
28B.59B 1977 Community college capital projects bond
act.
28B.59C 1979 Community college capital projects bond
act.
28B.59D 1981 Community college capital projects bond
act.
28B.63
Commercial activities by institutions of higher
education.
28B.65
High-technology education and training.
28B.67
Customized employment training.
28B.70
Western regional higher education compact.
28B.76
Higher education coordinating board.
28B.85
Degree-granting institutions.
28B.90
Foreign degree-granting branch campuses.
28B.92
State student financial aid program.
28B.95
Advanced college tuition payment program.
28B.101 Educational opportunity grant program—Placebound students.
(2008 Ed.)
28B.102
28B.103
28B.105
28B.106
28B.108
28B.109
28B.110
28B.115
28B.116
28B.117
28B.118
28B.119
28B.120
28B.121
28B.130
28B.133
28B.135
28B.140
28B.142
28B.900
Future teachers conditional scholarship and
loan repayment program.
National guard conditional scholarship program.
GET ready for math and science scholarship
program.
College savings bond program.
American Indian endowed scholarship program.
Washington international exchange scholarship program.
Gender equality in higher education.
Health professional conditional scholarship
program.
Foster care endowed scholarship program.
Passport to college promise program.
College bound scholarship program.
Washington promise scholarship program.
Washington fund for innovation and quality in
higher education program.
Food animal veterinarian conditional scholarship program.
Transportation demand management programs.
Gaining independence for students with
dependents program.
Child care for higher education students.
Financing research facilities at research universities.
Local borrowing authority—Research universities.
Construction.
Actions against public corporations: RCW 4.08.120.
Actions by public corporation in corporate name: RCW 4.08.110.
Alcohol, pure ethyl, purchase of: RCW 66.16.010.
Attorney general, supervision of prosecuting attorney: RCW 36.27.020(3).
Blind, school for: Chapter 72.40 RCW.
Bomb threats, penalty: RCW 9.61.160.
Boxing, kickboxing, martial arts, and wrestling events
exemptions for: RCW 67.08.015.
physical examination of contestants, urinalysis: RCW 67.08.090.
Buildings, earthquake standards for construction: RCW 70.86.020,
70.86.030.
Businesses and professions generally, examinations for licenses for: Title 18
RCW.
Condemnation: Chapter 8.16 RCW.
Conveyance of real property by public bodies—Recording: RCW 65.08.095.
Crimes relating to
bomb threats: RCW 9.61.160.
discrimination to deny public accommodations because of race, color or
creed: RCW 9.91.010.
Discrimination—Separation of sexes in dormitories, residence halls, etc.:
RCW 49.60.222.
Discrimination to deny public accommodations because of race, color or
creed, penalty: RCW 9.91.010.
Drivers’ training schools generally: Chapter 46.82 RCW.
Earthquake standards for construction: RCW 70.86.020, 70.86.030.
[Title 28B RCW—page 1]
Chapter 28B.04
Title 28B RCW: Higher Education
Education: State Constitution Art. 9.
State toxicological laboratories: RCW 68.50.107.
Educational facilities and programs for state schools for the deaf and blind:
RCW 72.40.028.
Student enrollment forecasts, biennial report of department of community,
trade, and economic development: RCW 43.62.050.
Elementary or secondary school activities, admission tax exclusion: RCW
36.38.010.
System of schools to be established by state: State Constitution Art. 9 § 2.
Employees, qualifications to hold public office: RCW 42.04.020.
Enrollment forecasts: RCW 43.62.050.
Technical schools, included in public school system: State Constitution Art.
9 § 2.
Establishment and maintenance of schools guaranteed: State Constitution
Art. 26 § 4.
Warrants
interest rate: RCW 39.56.020.
rate fixed by issuing officer: RCW 39.56.030.
Fiscal year defined: RCW 1.16.030.
Year, fiscal year defined: RCW 1.16.030.
Free from sectarian control: State Constitution Art. 9 § 4, Art. 26 § 4.
Garnishment: Chapter 6.27 RCW.
Hospitalization and medical aid for public employees and dependents—Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Information and research services of colleges and universities, authority for
school districts to obtain: RCW 28A.320.110.
Information technology: RCW 43.105.200.
Intoxicating liquor, retail licenses, proximity limitations: RCW
66.24.010(9).
Lands
adverse possession against: RCW 7.28.090.
defined: RCW 79.02.010.
eminent domain
by cities against: RCW 8.12.030.
by corporations, service of notice: RCW 8.20.020.
by railroads and canal companies against: RCW 81.36.010.
by state, service of notice: RCW 8.04.020.
parks and recreation commission, relinquishment of control over school
lands: RCW 79A.05.175.
sale of educational lands, board of natural resources to fix value: RCW
79.11.080.
sale of generally: State Constitution Art. 16 §§ 2-4.
sale or lease of land and valuable materials, supervision and control of
department of natural resources over: RCW 79.11.020.
state lands, included in: RCW 79.02.010.
state parks and recreation, relinquishment of control over state lands:
RCW 79A.05.175.
Legal adviser, prosecuting attorney as: RCW 36.27.020(2), (3).
Medical schools, requisites for accreditation and approval: RCW
18.71.055.
Meetings, minutes of governmental bodies, open to public: Chapter 42.32
RCW.
Motor vehicles, speed regulations when passing public school: RCW
46.61.440.
Open to all children of state: State Constitution Art. 9 § 1, Art. 26 § 4.
Periodicals, purchase of, manner of payment: RCW 42.24.035.
Printing contracts for outside state work, labor requirements: RCW
43.78.150.
Printing must be done within state, exception: RCW 43.78.130, 43.78.140.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Public lands: Title 79 RCW.
Public school system, what included in: State Constitution Art. 9 § 2.
Pupils, residence or absence does not affect right to vote: State Constitution
Art. 6 § 4.
Purchases, periodicals, postage, manner of payment: RCW 42.24.035.
Religion, control of schools by, free from: State Constitution Art. 9 § 4, Art.
26 § 4.
Savings and loan associations, school savings accounts, priority in liquidation distribution: RCW 33.40.050.
Sectarian control, free from: State Constitution Art. 9 § 4.
State school
for blind: Chapter 72.40 RCW.
for deaf: Chapter 72.40 RCW.
[Title 28B RCW—page 2]
Chapter 28B.04
Chapter 28B.04 RCW
DISPLACED HOMEMAKER ACT
Sections
28B.04.010
28B.04.020
28B.04.030
28B.04.040
28B.04.050
28B.04.060
28B.04.080
28B.04.085
28B.04.090
28B.04.100
28B.04.110
28B.04.120
Short title.
Legislative findings—Purpose.
Definitions.
Multipurpose service centers—Contracts for—Rules embodying standards for—Funds for.
Multipurpose service centers—Referral to services by—Displaced homemakers as staff.
Contracting for specific programs.
Consultation and cooperation with other agencies—Agency
report of available services and funds therefor—Board as
clearinghouse for information and resources.
Displaced homemaker program advisory committee.
Considerations when awarding contracts.
Percentage of funding for centers or program to be provided by
administering organization.
Acceptance and use of contributions authorized—Qualifications.
Discrimination prohibited.
28B.04.010 Short title. This chapter may be known and
cited as the "displaced homemaker act." [1979 c 73 § 1.]
28B.04.010
28B.04.020 Legislative findings—Purpose. The legislature finds that homemakers are an unrecognized part of the
workforce who make an invaluable contribution to the
strength, durability, and purpose of our state.
The legislature further finds that there is an increasing
number of persons in this state who, having fulfilled a role as
homemaker, find themselves "displaced" in their middle
years through divorce, death of spouse, disability of spouse,
or other loss of family income of a spouse. As a consequence, displaced homemakers are very often left with little
or no income; they are ineligible for categorical welfare assistance; they are subject to the highest rate of unemployment of
any sector of the workforce; they face continuing discrimination in employment because of their age and lack of recent
paid work experience; they are ineligible for unemployment
insurance because they have been engaged in unpaid labor in
the home; they are ineligible for social security benefits
because they are too young, and many never qualify because
they have been divorced from the family wage earner; they
may have lost beneficiaries’ rights under employer’s pension
and health plans through divorce or death of spouse; and they
are often unacceptable to private health insurance plans
because of their age.
It is the purpose of this chapter to establish guidelines
under which the state board for community and technical colleges shall contract to establish multipurpose service centers
and programs to provide necessary training opportunities,
counseling, and services for displaced homemakers so that
28B.04.020
(2008 Ed.)
Displaced Homemaker Act
28B.04.060
28B.04.040 Multipurpose service centers—Contracts
for—Rules embodying standards for—Funds for. (1) The
board, in consultation with state and local governmental
agencies, community groups, and local and national organizations concerned with displaced homemakers, shall receive
applications and may contract with public or private nonprofit organizations to establish multipurpose service centers
for displaced homemakers. In determining sites and administering agencies or organizations for the centers, the board
shall consider the experience and capabilities of the public or
private nonprofit organizations making application to provide services to a center.
(2) The board shall issue rules prescribing the standards
to be met by each center in accordance with the policies set
forth in this chapter. Continuing funds for the maintenance of
each center shall be contingent upon the determination by the
board that the center is in compliance with the contractual
conditions and with the rules prescribed by the board. [1985
c 370 § 38; 1982 1st ex.s. c 15 § 2; 1979 c 73 § 4.]
(a) Job counseling services which shall:
(i) Be specifically designed for displaced homemakers;
(ii) Counsel displaced homemakers with respect to
appropriate job opportunities; and
(iii) Take into account and build upon the skills and
experience of a homemaker and emphasize job readiness as
well as skill development;
(b) Job training and job placement services which shall:
(i) Emphasize short-term training programs and programs which expand upon homemaking skills and volunteer
experience and which lead to gainful employment;
(ii) Develop, through cooperation with state and local
government agencies and private employers, model training
and placement programs for jobs in the public and private
sectors;
(iii) Assist displaced homemakers in gaining admission
to existing public and private job training programs and
opportunities, including vocational education and apprenticeship training programs; and
(iv) Assist in identifying community needs and creating
new jobs in the public and private sectors;
(c) Health counseling services, including referral to
existing health programs, with respect to:
(i) General principles of preventative health care;
(ii) Health care consumer education, particularly in the
selection of physicians and health care services, including,
but not limited to, health maintenance organizations and
health insurance;
(iii) Family health care and nutrition;
(iv) Alcohol and drug abuse; and
(v) Other related health care matters;
(d) Financial management services which provide information and assistance with respect to insurance, taxes, estate
and probate problems, mortgages, loans, and other related
financial matters;
(e) Educational services, including:
(i) Outreach and information about courses offering
credit through secondary or postsecondary education programs, and other re-entry programs, including bilingual programming where appropriate; and
(ii) Information about such other programs as are determined to be of interest and benefit to displaced homemakers
by the board;
(f) Legal counseling and referral services; and
(g) Outreach and information services with respect to
federal and state employment, education, health, public assistance, and unemployment assistance programs which the
board determines would be of interest and benefit to displaced homemakers.
(2) The staff positions of each multipurpose center contracted for in accordance with RCW 28B.04.040, including
supervisory, technical, and administrative positions, shall, to
the maximum extent possible, be filled by displaced homemakers. [1985 c 370 § 39; 1982 1st ex.s. c 15 § 3; 1979 c 73
§ 5.]
28B.04.050 Multipurpose service centers—Referral
to services by—Displaced homemakers as staff. (1) Each
center contracted for under this chapter shall include or provide information and referral to the following services:
28B.04.060 Contracting for specific programs. The
board may contract, where appropriate, with public or private
nonprofit groups or organizations serving the needs of displaced homemakers for programs designed to:
they may enjoy the independence and economic security vital
to a productive life. [2004 c 275 § 29; 1985 c 370 § 36; 1982
1st ex.s. c 15 § 1; 1979 c 73 § 2.]
Effective date—2004 c 275 §§ 28-32: "Sections 28 through 32 of this
act take effect July 1, 2005." [2004 c 275 § 33.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.04.030 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Board" means the state board for community and
technical colleges.
(2) "Center" means a multipurpose service center for displaced homemakers as described in RCW 28B.04.040.
(3) "Program" means those programs described in RCW
28B.04.050 which provide direct, outreach, and information
and training services which serve the needs of displaced
homemakers.
(4) "Displaced homemaker" means an individual who:
(a) Has worked in the home for ten or more years providing unsalaried household services for family members on a
full-time basis; and
(b) Is not gainfully employed;
(c) Needs assistance in securing employment; and
(d) Has been dependent on the income of another family
member but is no longer supported by that income, or has
been dependent on federal assistance but is no longer eligible
for that assistance, or is supported as the parent of minor children by public assistance or spousal support but whose children are within two years of reaching their majority. [2004 c
275 § 30; 1985 c 370 § 37; 1979 c 73 § 3.]
28B.04.030
Effective date—2004 c 275 §§ 28-32: See note following RCW
28B.04.020.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.04.040
28B.04.050
(2008 Ed.)
28B.04.060
[Title 28B RCW—page 3]
28B.04.080
Title 28B RCW: Higher Education
(1) Provide direct services to displaced homemakers,
including job counseling, job training and placement, health
counseling, financial management, educational counseling,
legal counseling, and referral services as described in RCW
28B.04.050;
(2) Provide statewide outreach and information services
for displaced homemakers; and
(3) Provide training opportunities for persons serving the
needs of displaced homemakers, including those persons in
areas not directly served by programs and centers established
under this chapter. [1985 c 370 § 40; 1982 1st ex.s. c 15 § 4;
1979 c 73 § 6.]
28B.04.080 Consultation and cooperation with other
agencies—Agency report of available services and funds
therefor—Board as clearinghouse for information and
resources. (1) The board shall consult and cooperate with
the department of social and health services; the higher education coordinating board; the superintendent of public
instruction; the workforce training and education coordinating board; the employment security department; the department of labor and industries; sponsoring agencies under the
federal comprehensive employment and training act (87 Stat.
839; 29 U.S.C. Sec. 801 et seq.), and any other persons or
agencies as the board deems appropriate to facilitate the coordination of centers established under this chapter with existing programs of a similar nature.
(2) Annually on July 1st, each agency listed in subsection (1) of this section shall submit a description of each service or program under its jurisdiction which would support
the programs and centers established by this chapter and the
funds available for such support.
(3) The board shall serve as a clearinghouse for displaced homemaker information and resources and shall compile and disseminate statewide information to the centers,
related agencies, and interested persons upon request. [2004
c 275 § 31; 1985 c 370 § 42; 1982 1st ex.s. c 15 § 6; 1979 c
73 § 8.]
tation of coordinated funding. [2004 c 275 § 32; 1987 c 230
§ 2.]
Effective date—2004 c 275 §§ 28-32: See note following RCW
28B.04.020.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Effective date—1987 c 230: See note following RCW 36.18.010.
28B.04.090 Considerations when awarding contracts. In the awarding of contracts under this chapter, consideration shall be given to need, geographic location, population ratios, and the extent of existing services. [1979 c 73 §
9.]
28B.04.090
28B.04.080
Effective date—2004 c 275 §§ 28-32: See note following RCW
28B.04.020.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.04.085 Displaced homemaker program advisory
committee. (1) The executive coordinator of the board shall
establish an advisory committee, to be known as the displaced homemaker program advisory committee.
(2) The advisory committee shall be advisory to the
executive coordinator and staff of the board.
(3) Committee membership shall not exceed twenty-two
persons and shall be geographically and generally representative of the state. At least one member of the advisory committee shall either be or recently have been a displaced homemaker.
(4) Functions of the advisory committee shall be:
(a) To provide advice on all aspects of administration of
the displaced homemaker program, including content of program rules, guidelines, and application procedures;
(b) To assist in coordination of activities under the displaced homemaker program with related activities of other
state and federal agencies, with particular emphasis on facili28B.04.085
[Title 28B RCW—page 4]
28B.04.100 Percentage of funding for centers or program to be provided by administering organization.
Thirty percent of the funding for the centers and programs
under this chapter shall be provided by the organization
administering the center or program. Contributions in-kind,
whether materials and supplies, physical facilities, or personal services, may be considered as all or part of the funding
provided by the organization. [1979 c 73 § 10.]
28B.04.100
28B.04.110 Acceptance and use of contributions
authorized—Qualifications. The board may, in carrying
out this chapter, accept, use, and dispose of contributions of
money, services, and property: PROVIDED, That funds generated within individual centers may be retained and utilized
by those centers. All moneys received by the board or any
employee thereof pursuant to this section shall be deposited
in a depository approved by the state treasurer. Disbursements of such funds shall be on authorization of the board or
a duly authorized representative thereof. In order to maintain
an effective expenditure and revenue control such funds shall
be subject in all respects to chapter 43.88 RCW, but no
appropriation shall be required to permit expenditure of such
funds. [1985 c 370 § 43; 1979 c 73 § 11.]
28B.04.110
28B.04.120 Discrimination prohibited. No person in
this state, on the ground of sex, age, race, color, religion,
national origin, or the presence of any sensory, mental, or
physical handicap, shall be excluded from participating in, be
denied the benefits of, or be subjected to discrimination
under, any program or activity funded in whole or in part with
funds made available under this chapter. [1979 c 73 § 12.]
28B.04.120
Chapter 28B.06
Chapter 28B.06 RCW
PROJECT EVEN START
Sections
28B.06.010 Intent—Short title.
28B.06.020 Definitions.
28B.06.030 Adult literacy program—Basic skills instruction—Credit
toward work and training requirement—Rules.
28B.06.040 Preference for existing programs before developing new programs.
28B.06.010 Intent—Short title. (1) Parents can be the
most effective teachers for their children. Providing illiterate
or semiliterate parents with opportunities to acquire basic
skills and child development knowledge will enhance their
28B.06.010
(2008 Ed.)
Washington Higher Education Facilities Authority
ability to assist and support their children in the learning process, and will enhance children’s learning experiences in the
formal education environment by providing children with the
motivation and positive home environment which contribute
to enhanced academic performance.
(2) This chapter may be known and cited as project even
start. [1995 c 335 § 301; 1990 c 33 § 505; 1987 c 518 § 104.
Formerly RCW 28A.610.010, 28A.130.010.]
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
Intent—1994 c 166; 1987 c 518: See note following RCW 43.215.425.
Severability—1987 c 518: See note following RCW 43.215.425.
28B.06.020 Definitions. Unless the context clearly
requires otherwise, the definition in this section shall apply
throughout this chapter.
"Parent" or "parents" means a parent who has less than
an eighth grade ability in one or more of the basic skill areas
of reading, language arts, or mathematics, as measured by a
standardized test, and who has a child or children enrolled in:
(1) The state early childhood education and assistance program; (2) a federal head start program; (3) a state or federally
funded elementary school basic skills program serving students who have scored below the national average on a standardized test in one or more of the basic skill areas of reading,
language arts, or mathematics; or (4) a cooperative preschool
at a community or technical college. [1995 c 335 § 302; 1990
c 33 § 506; 1987 c 518 § 105. Formerly RCW 28A.610.020,
28A.130.012.]
28B.06.020
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
their work and training obligation for the receipt of public
assistance.
(4) State funds as may be appropriated for project even
start shall be used solely to expand and complement, but not
supplant, federal funds for adult literary programs.
(5) The state board for community and technical colleges
shall adopt rules as necessary to carry out the purposes of this
chapter. [1995 c 335 § 303; 1990 c 33 § 507; 1987 c 518 §
106. Formerly RCW 28A.610.030, 28A.130.014.]
Reviser’s note: *(1) RCW 28A.610.020 was recodified as RCW
28B.06.020 pursuant to 1995 c 335 § 306.
**(2) RCW 28A.215.100 through 28A.215.200 and 28A.215.900
through 28A.215.908 were recodified as RCW 43.215.400 through
43.215.450 and 43.215.900 through 43.215.903.
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
Intent—1994 c 166; 1987 c 518: See note following RCW 43.215.425.
Severability—1987 c 518: See note following RCW 43.215.425.
28B.06.040 Preference for existing programs before
developing new programs. The state board for community
and technical colleges is authorized and directed, whenever
possible, to fund or cooperatively work with existing adult
literacy programs and parenting related programs offered
through the common school and community and technical
college systems or community-based, nonprofit organizations to provide services for eligible parents before developing and funding new adult literacy programs to carry out the
purposes of project even start. [1996 c 11 § 1; 1987 c 518 §
107. Formerly RCW 28A.610.040, 28A.130.016.]
28B.06.040
Intent—1994 c 166; 1987 c 518: See note following RCW 43.215.425.
Severability—1987 c 518: See note following RCW 43.215.425.
Intent—1994 c 166; 1987 c 518: See note following RCW 43.215.425.
Severability—1987 c 518: See note following RCW 43.215.425.
28B.06.030 Adult literacy program—Basic skills
instruction—Credit toward work and training requirement—Rules. (1) The state board for community and technical colleges, in consultation with the department of community, trade, and economic development, the department of
social and health services, the superintendent of public
instruction, and community-based, nonprofit providers of
adult literacy services, shall develop an adult literacy program to serve eligible parents as defined under *RCW
28A.610.020. The program shall give priority to serving parents with children who have not yet enrolled in school or are
in grades kindergarten through three.
(2) In addition to providing basic skills instruction to eligible parents, the program may include other program components which may include transportation, child care, and
such other directly necessary activities as may be necessary
to accomplish the purposes of this chapter.
(3) Parents who elect to participate in training or work
programs, as a condition of receiving public assistance, shall
have the hours spent in parent participation programs, conducted as part of a federal head start program, or the state
early childhood education and assistance program under
**RCW 28A.215.100 through 28A.215.200 and
28A.215.900 through 28A.215.908, or parent literacy programs under this chapter, counted toward the fulfillment of
Chapter 28B.07
28B.06.030
(2008 Ed.)
Chapter 28B.07
Chapter 28B.07 RCW
WASHINGTON HIGHER EDUCATION
FACILITIES AUTHORITY
Sections
GENERAL PROVISIONS
28B.07.010
28B.07.020
28B.07.021
28B.07.030
28B.07.120
28B.07.130
Intent.
Definitions.
Definitions.
Washington higher education facilities authority—Created—
Members—Chairperson—Records—Quorum—Compensation and travel expenses.
Powers and duties.
Special obligation bonds—Issuance—Personal liability—
Debt limit.
Bonds—Special obligations—Payment—Funds—Segregation of proceeds and moneys.
Agreements with participant—Participant’s payment of certain costs and expenses.
Moneys deemed trust funds—Agreement or trust indenture
with bank or trust company authorized.
Holders or owners of bonds—Trustees—Enforcement of
rights—Purchase at foreclosure sale.
Bonds are securities—Legal investments.
Projects or financing—Exemption from certain restrictions on
procedures for awarding contracts.
Bond counsel—Selection.
Underwriters—Selection.
28B.07.300
28B.07.310
28B.07.320
28B.07.330
28B.07.340
Student loan financing—Authority—Liability.
Administration of alternative state educational loans.
Revenue bonds—Issuance—Payment—Personal liability.
Revenue refunding bonds.
Trust funds—Trust agreements.
28B.07.040
28B.07.050
28B.07.060
28B.07.070
28B.07.080
28B.07.090
28B.07.100
28B.07.110
STUDENT LOAN FINANCING
[Title 28B RCW—page 5]
28B.07.010
28B.07.350
28B.07.360
28B.07.370
28B.07.380
Title 28B RCW: Higher Education
Proceeds fund.
Default.
Debt limitation.
Sale of assets.
CONSTRUCTION
28B.07.900
28B.07.910
28B.07.920
28B.07.925
28B.07.926
28B.07.927
28B.07.928
28B.07.929
Chapter supplemental—Application of other laws.
Construction—1983 c 169.
Severability—1983 c 169.
Chapter supplemental—Application of other laws.
Construction—2007 c 36.
Conflict with federal requirements—2007 c 36.
Captions not law—2007 c 36.
Severability—2007 c 36.
GENERAL PROVISIONS
28B.07.010 Intent. The legislature finds that the state
has a vital interest in ensuring that higher education institutions are maintained in the state in sufficient numbers and
located in such locations, as to be accessible to as many citizens as possible. Adequate educational opportunities are
essential to the economic, intellectual, and social well-being
of the state and its people. Washington’s independently-governed private nonprofit higher education institutions are a
necessary part of the state’s higher educational resources.
They provide educational diversity and choice for all residents of the communities in which they are located, communities which may not otherwise be served directly by a public
baccalaureate-granting college or university.
The legislature further finds that some of the factors that
contribute to educational costs are beyond the control of
these higher education institutions and their governing
boards. The factors include the need to modify facilities to
render the facilities accessible to the handicapped or disabled,
the necessity of modernizing structures to keep them safe and
efficient, and the demands of energy conservation and
resource utilization. Many of these needs are associated with
the public functions these institutions perform and the
requirements of the state and federal governments. Compounding the problem is the fact that the cost of these renovations are borne entirely by the institutions.
Because these institutions serve an important public purpose addressing both the needs of individuals and the needs
of the state, and because the performance of that public function can be facilitated at no expense or liability to the state,
the legislature declares it to be the public policy of the state of
Washington to enable the building, providing, and utilization
of modern, well-equipped, efficient, and reasonably priced
higher educational facilities, as well as the improvement,
expansion, and modernization of such facilities, in a manner
that will minimize the capital cost of construction, financing,
and use of such facilities. The intention of this policy is to
improve and ensure the quality and range of educational services available to the citizens of this state. The intent of the
legislature is to accomplish these and related purposes, and
this chapter shall be liberally construed in order to further
these goals. [1983 c 169 § 1.]
28B.07.010
28B.07.020 Definitions. As used in this chapter, the
following words and terms shall have the following meanings, unless the context otherwise requires:
(1) "Authority" means the Washington higher education
facilities authority created under RCW 28B.07.030 or any
28B.07.020
[Title 28B RCW—page 6]
board, body, commission, department or officer succeeding
to the principal functions of the authority or to whom the
powers conferred upon the authority shall be given by law.
(2) "Bonds" means bonds, notes, commercial paper, certificates of indebtedness, or other evidences of indebtedness
of the authority issued under this chapter.
(3) "Bond resolution" means any resolution of the
authority, adopted under this chapter, authorizing the issuance and sale of bonds.
(4) "Higher education institution" means a private, nonprofit educational institution, the main campus of which is
permanently situated in the state, which is open to residents
of the state, which neither restricts entry on racial or religious
grounds, which provides programs of education beyond high
school leading at least to the baccalaureate degree, and which
is accredited by the Northwest Association of Schools and
Colleges or by an accrediting association recognized by the
higher education coordinating board.
(5) "Participant" means a higher education institution
which, under this chapter, undertakes the financing of a
project or projects or undertakes the refunding or refinancing
of obligations, mortgages, or advances previously incurred
for a project or projects.
(6) "Project" means any land or any improvement,
including, but not limited to, buildings, structures, fixtures,
utilities, machinery, excavations, paving, and landscaping,
and any interest in such land or improvements, and any personal property pertaining or useful to such land and improvements, which are necessary, useful, or convenient for the
operation of a higher education institution, including but not
limited to, the following: Dormitories or other multi-unit
housing facilities for students, faculty, officers, or employees; dining halls; student unions; administration buildings;
academic buildings; libraries; laboratories; research facilities; computer facilities; classrooms; athletic facilities; health
care facilities; maintenance, storage, or utility facilities; parking facilities; or any combination thereof, or any other structures, facilities, or equipment so related.
(7) "Project cost" means any cost related to the acquisition, construction, improvement, alteration, or rehabilitation
by a participant or the authority of any project and the financing of the project through the authority, including, but not
limited to, the following costs paid or incurred: Costs of
acquisition of land or interests in land and any improvement;
costs of contractors, builders, laborers, material suppliers,
and suppliers of tools and equipment; costs of surety and performance bonds; fees and disbursements of architects, surveyors, engineers, feasibility consultants, accountants, attorneys, financial consultants, and other professionals; interest
on bonds issued by the authority during any period of construction; principal of and interest on interim financing of any
project; debt service reserve funds; depreciation funds, costs
of the initial start-up operation of any project; fees for title
insurance, document recording, or filing; fees of trustees and
the authority; taxes and other governmental charges levied or
assessed on any project; and any other similar costs. Except
as specifically set forth in this definition, the term "project
cost" does not include books, fuel, supplies, and similar items
which are required to be treated as a current expense under
generally accepted accounting principles.
(2008 Ed.)
Washington Higher Education Facilities Authority
(8) "Trust indenture" means any agreement, trust indenture, or other similar instrument by and between the authority
and one or more corporate trustees. [2007 c 218 § 86; 1985 c
370 § 47; 1983 c 169 § 2.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
28B.07.021 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Authority" means the Washington higher education
facilities authority established pursuant to RCW 28B.07.030
or any board, body, commission, department, or officer succeeding to the principal functions of the authority or to whom
the powers conferred upon the authority shall be given by
law.
(2) "Educational loans" means:
(a) Guaranteed federal educational loans made in accordance with Title IV, Part B, of the higher education act of
1965, or its successor, to a qualified borrower for payment of
educational expenses incurred by a student while attending a
participating institution, the payment of principal of and
interest on which is insured by the United States secretary of
education under the higher education act of 1965, or its successor; and
(b) Alternative state educational loans made in accordance with this chapter to a qualified borrower as determined
by the authority for payment of educational expenses
incurred by a student while attending a participating institution under the terms and conditions determined by the authority.
(3) "Obligation," "bond," or "bonds" means bonds,
notes, commercial paper, certificates of indebtedness, or
other evidences of indebtedness of the authority issued under
this chapter, whether or not the interest on the obligation is
subject to federal income taxation.
(4) "Participating institution" means any post high
school educational institution, public or private, whose students are eligible for educational loans.
(5) "Qualified borrower" means a student, or the parent
of a student, who: (a) Qualifies for an educational loan; and
(b) is a resident of the state of Washington or has been
accepted for enrollment at or is attending a participating institution within the state of Washington. [2007 c 36 § 2.]
28B.07.021
Policy—Purpose—2007 c 36: See note following RCW 28B.07.300.
28B.07.030 Washington higher education facilities
authority—Created —Members—Chairperson —
Records—Quorum—Compensation and travel expenses.
(1) The Washington higher education facilities authority is
hereby established as a public body corporate and politic,
with perpetual corporate succession, constituting an agency
of the state of Washington exercising essential governmental
functions. The authority is a "public body" within the meaning of RCW 39.53.010.
(2) The authority shall consist of seven members as follows: The governor, lieutenant governor, executive director
of the higher education coordinating board, and four public
members, one of whom shall be the president of a higher education institution at the time of appointment. The public
members shall be residents of the state and appointed by the
28B.07.030
(2008 Ed.)
28B.07.030
governor, subject to confirmation by the senate, on the basis
of their interest or expertise in the provision of higher education and the financing of higher education. The public members of the authority shall serve for terms of four years. The
initial terms of the public members shall be staggered in a
manner determined by the governor. In the event of a
vacancy on the authority due to death, resignation, or
removal of one of the public members, and upon the expiration of the term of any public member, the governor shall
appoint a successor for a term expiring on the fourth anniversary of the successor’s date of the appointment. If any of the
state offices are abolished, the resulting vacancy on the
authority shall be filled by the state officer who shall succeed
substantially to the power and duties of the abolished office.
Any public member of the authority may be removed by the
governor for misfeasance, malfeasance, wilful neglect of
duty, or any other cause after notice and a public hearing,
unless such notice and hearing shall be expressly waived in
writing.
(3) The governor shall serve as chairperson of the
authority. The authority shall elect annually one of its members as secretary. If the governor shall be absent from a meeting of the authority, the secretary shall preside. However, the
governor may designate an employee of the governor’s office
to act on the governor’s behalf in all other respects during the
absence of the governor at any meeting of the authority. If
the designation is in writing and is presented to the person
presiding at the meetings of the authority who is included in
the designation, the vote of the designee has the same effect
as if cast by the governor.
(4) Any person designated by resolution of the authority
shall keep a record of the proceedings of the authority and
shall be the custodian of all books, documents, and papers
filed with the authority, the minute book or a journal of the
authority, and the authority’s official seal, if any. The person
may cause copies to be made of all minutes and other records
and documents of the authority, and may give certificates to
the effect that such copies are true copies. All persons dealing with the authority may rely upon the certificates.
(5) Four members of the authority constitute a quorum.
Members participating in a meeting through the use of any
means of communication by which all members participating
can hear each other during the meeting shall be deemed to be
present in person at the meeting for all purposes. The authority may act on the basis of a motion except when authorizing
the issuance and sale of bonds, in which case the authority
shall act by resolution. Bond resolutions and other resolutions shall be adopted upon the affirmative vote of four members of the authority, and shall be signed by those members
voting yes. Motions shall be adopted upon the affirmative
vote of a majority of a quorum of members present at any
meeting of the authority. All actions taken by the authority
shall take effect immediately without need for publication or
other public notice. A vacancy in the membership of the
authority does not impair the power of the authority to act
under this chapter.
(6) The members of the authority shall be compensated
in accordance with RCW 43.03.240 and shall be entitled to
reimbursement, solely from the funds of the authority, for
travel expenses as determined by the authority incurred in the
[Title 28B RCW—page 7]
28B.07.040
Title 28B RCW: Higher Education
discharge of their duties under this chapter. [2007 c 36 § 14;
1985 c 370 § 48; 1984 c 287 § 62; 1983 c 169 § 3.]
Policy—Purpose—2007 c 36: See note following RCW 28B.07.300.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
28B.07.040 Powers and duties. The authority is authorized and empowered to do the following, on such terms, with
such security and undertakings, subject to such conditions,
and in return for such consideration, as the authority shall
determine in its discretion to be necessary, useful, or convenient in accomplishing the purposes of this chapter:
(1) To promulgate rules in accordance with chapter
34.05 RCW;
(2) To adopt an official seal and to alter the same at pleasure;
(3) To maintain an office at any place or places as the
authority may designate;
(4) To sue and be sued in its own name, and to plead and
be impleaded;
(5) To make and execute agreements with participants
and others and all other instruments necessary, useful, or convenient for the accomplishment of the purposes of this chapter;
(6) To provide long-term or short-term financing or refinancing to participants for project costs, by way of loan,
lease, conditional sales contract, mortgage, option to purchase, or other financing or security device or any such combination;
(7) If, in order to provide to participants the financing or
refinancing of project costs described in subsection (6) of this
section, the authority deems it necessary or convenient for it
to own a project or projects or any part of a project or
projects, for any period of time, it may acquire, contract,
improve, alter, rehabilitate, repair, manage, operate, mortgage, subject to a security interest, lease, sell, or convey the
project;
(8) To fix, revise from time to time, and charge and collect from participants and others rates, rents, fees, charges,
and repayments as necessary to fully and timely reimburse
the authority for all expenses incurred by it in providing the
financing and refinancing and other services under this section and for the repayment, when due, of all the principal of,
redemption premium, if any, and interest on all bonds issued
under this chapter to provide the financing, refinancing, and
services;
(9) To accept and receive funds, grants, gifts, pledges,
guarantees, mortgages, trust deeds, and other security instruments, and property from the federal government or the state
or other public body, entity, or agency and from any public or
private institution, association, corporation, or organization,
including participants. It shall not accept or receive from the
state or any taxing agency any money derived from taxes,
except money to be devoted to the purposes of a project of the
state or of a taxing agency;
(10) To open and maintain a bank account or accounts in
one or more qualified public depositories in this state and to
deposit all or any part of authority funds therein;
(11) To employ consulting engineers, architects, attorneys, accountants, construction and financial experts, superintendents, managers, an executive director, and such other
28B.07.040
[Title 28B RCW—page 8]
employees and agents as may be necessary in its judgment to
carry out the purposes of this chapter, and to fix their compensation;
(12) To provide financing or refinancing to two or more
participants for a single project or for several projects in such
combinations as the authority deems necessary, useful, or
convenient;
(13) To charge to and equitably apportion among participants the administrative costs and expenses incurred in the
exercise of the powers and duties conferred by this chapter;
(14) To consult with the higher education coordinating
board to determine project priorities under the purposes of
this chapter; and
(15) To do all other things necessary, useful, or convenient to carry out the purposes of this chapter.
In the exercise of any of these powers, the authority shall
incur no expense or liability which shall be an obligation,
either general or special, of the state, or a general obligation
of the authority, and shall pay no expense or liability from
funds other than funds of the authority. Funds of the state
shall not be used for such purpose. [1985 c 370 § 49; 1983 c
169 § 4.]
28B.07.050 Special obligation bonds—Issuance—
Personal liability—Debt limit. (1) The authority may, from
time to time, issue its special obligation bonds in order to
carry out the purposes of this chapter and to enable the
authority to exercise any of the powers granted to it in this
chapter. The bonds shall be issued pursuant to a bond resolution or trust indenture and shall be payable solely out of the
special fund or funds created by the authority in the bond resolution or trust indenture. The special fund or funds shall be
funded in whole or in part from moneys paid by one or more
participants for whose benefit such bonds were issued and
from the sources, if any, described in RCW 28B.07.040(9) or
from the proceeds of bonds issued by the authority for the
purpose of refunding any outstanding bonds of the authority.
(2) The bonds may be secured by:
(a) A first lien against any unexpended proceeds of the
bonds;
(b) A first lien against moneys in the special fund or
funds created by the authority for their payment;
(c) A first or subordinate lien against the revenue and
receipts of the participant or participants which revenue is
derived in whole or in part from the project financed by the
authority;
(d) A first or subordinate security interest against any
real or personal property, tangible or intangible, of the participant or participants, including, but not limited to, the project
financed by the authority;
(e) Any other real or personal property, tangible or intangible; or
(f) Any combination of (a) through (e) of this subsection.
Any security interest created against the unexpended
bond proceeds and against the special funds created by the
authority shall be immediately valid and binding against the
moneys and any securities in which the moneys may be
invested without authority or trustee possession, and the
security interest shall be prior to any party having any competing claim against the moneys or securities, without filing
or recording under Article 9A of the Uniform Commercial
28B.07.050
(2008 Ed.)
Washington Higher Education Facilities Authority
Code, Title 62A RCW, and regardless of whether the party
has notice of the security interest.
(3) The bonds may be issued as serial bonds or as term
bonds or any such combination. The bonds shall bear such
date or dates; mature at such time or times; bear interest at
such rate or rates, either fixed or variable; be payable at such
time or times; be in such denominations; be in such form,
either coupon or registered, or both; carry such registration
privileges; be made transferable, exchangeable, and interchangeable; be payable in lawful money of the United States
of America at such place or places; be subject to such terms
of redemption; and be sold at public or private sale, in such
manner, at such time, and at such price as the authority shall
determine. The bonds shall be executed by the manual or facsimile signatures of the chairperson and the authority’s dulyelected secretary or its executive director, and by the trustee
if the authority determines to use a trustee. At least one signature shall be manually subscribed. Coupon bonds shall
have attached interest coupons bearing the facsimile signatures of the chairperson and the secretary or the executive
director.
(4) Any bond resolution, trust indenture, or agreement
with a participant relating to bonds issued by the authority or
the financing or refinancing made available by the authority
may contain provisions, which may be made a part of the
contract with the holders or owners of the bonds to be issued,
pertaining to the following, among other matters: (a) The
security interests granted by the participant to secure repayment of any amounts financed and the performance by the
participant of its other obligations in the financing; (b) the
security interests granted to the holders or owners of the
bonds to secure repayment of the bonds; (c) rentals, fees, and
other amounts to be charged, and the sums to be raised in
each year through such charges, and the use, investment, and
disposition of the sums; (d) the segregation of reserves or
sinking funds, and the regulation, investment, and disposition
thereof; (e) limitations on the uses of the project; (f) limitations on the purposes to which, or the investments in which,
the proceeds of the sale of any issue of bonds may be applied;
(g) terms pertaining to the issuance of additional parity
bonds; (h) terms pertaining to the incurrence of parity debt;
(i) the refunding of outstanding bonds; (j) procedures, if any,
by which the terms of any contract with bondholders may be
amended or abrogated; (k) acts or failures to act which constitute a default by the participant or the authority in their
respective obligations and the rights and remedies in the
event of a default; (l) the securing of bonds by a pooling of
leases whereby the authority may assign its rights, as lessor,
and pledge rents under two or more leases with two or more
participants, as lessees; (m) terms governing performance by
the trustee of its obligation; or (n) such other additional covenants, agreements, and provisions as are deemed necessary,
useful, or convenient by the authority for the security of the
holders of the bonds.
(5) Bonds may be issued by the authority to refund other
outstanding authority bonds, at or prior to the maturity
thereof, and to pay any redemption premium with respect
thereto. Bonds issued for such refunding purposes may be
combined with bonds issued for the financing or refinancing
of new projects. Pending the application of the proceeds of
the refunding bonds to the redemption of the bonds to be
(2008 Ed.)
28B.07.070
redeemed, the authority may enter into an agreement or
agreements with a corporate trustee under RCW 28B.07.080
with respect to the interim investment of the proceeds and the
application of the proceeds and the earnings on the proceeds
to the payment of the principal of and interest on, and the
redemption of the bonds to be redeemed.
(6) All bonds and any interest coupons appertaining to
the bonds shall be negotiable instruments under Title 62A
RCW.
(7) Neither the members of the authority, nor its employees or agents, nor any person executing the bonds shall be liable personally on the bonds or be subject to any personal liability or accountability by reason of the issuance of the
bonds.
(8) The authority may purchase its bonds with any of its
funds available for the purchase. The authority may hold,
pledge, cancel, or resell the bonds subject to and in accordance with agreements with bondholders.
(9) At no time shall the total outstanding bonded indebtedness of the authority exceed one billion dollars. [2003 c 84
§ 1; 1983 c 169 § 5.]
28B.07.060 Bonds—Special obligations—Payment—
Funds—Segregation of proceeds and moneys. Bonds
issued under this chapter shall not be deemed to constitute
obligations, either general or special, of the state or of any
political subdivision of the state, or a pledge of the faith and
credit of the state or of any political subdivision, or a general
obligation of the authority. The bonds shall be special obligations of the authority and shall be payable solely from the
special fund or funds created by the authority in the bond resolution or trust indenture pursuant to which the bonds were
issued. The fund or funds shall be funded in whole or in part
from moneys paid by one or more participants for whose benefit the bonds were issued, from the sources, if any, under
RCW 28B.07.040(9), or from the proceeds of bonds issued
by the authority for the purpose of refunding any outstanding
bonds of the authority. The issuance of bonds under this
chapter shall not obligate, directly, indirectly, or contingently, the state or any political subdivision of the state to
levy any taxes or appropriate or expend any funds for the
payment of the principal or the interest on the bonds.
Neither the proceeds of bonds issued under this chapter,
any moneys used or to be used to pay the principal of or interest on the bonds, nor any moneys received by the authority to
defray its administrative costs shall constitute public money
or property. All of such moneys shall be kept segregated and
set apart from funds of the state and any political subdivision
of the state and shall not be subject to appropriation or allotment by the state or subject to the provisions of chapter 43.88
RCW. [1983 c 169 § 6.]
28B.07.060
28B.07.070 Agreements with participant—Participant’s payment of certain costs and expenses. In connection with any bonds issued by the authority, the authority
shall enter into agreements with participants which shall provide for the payment by each participant of amounts which
shall be sufficient, together with other revenues available to
the authority, if any, to: (1) Pay the participant’s share of the
administrative costs and expenses of the authority; (2) pay
28B.07.070
[Title 28B RCW—page 9]
28B.07.080
Title 28B RCW: Higher Education
the costs of maintaining, managing, and operating the project
or projects financed by the authority, to the extent that the
payment of the costs has not otherwise been adequately provided for; (3) pay the principal of, premium, if any, and interest on outstanding bonds of the authority issued in respect of
such project or projects as the same shall become due and
payable; and (4) create and maintain reserves required or provided for in any bond resolution or trust indenture authorizing the issuance of such bonds of the authority. The payments
shall not be subject to supervision or regulation by any
department, committee, board, body, bureau, or agency of the
state other than the authority. [1983 c 169 § 7.]
28B.07.080 Moneys deemed trust funds—Agreement
or trust indenture with bank or trust company authorized. All moneys received by or on behalf of the authority
under this chapter, whether as proceeds from the sale of
bonds or from participants or from other sources shall be
deemed to be trust funds to be held and applied solely as provided in this chapter. The authority, in lieu of receiving and
applying the moneys itself, may enter into an agreement or
trust indenture with one or more banks or trust companies
having the power and authority to conduct trust business in
the state to:
(1) Perform all of any part of the obligations of the
authority with respect to: (a) Bonds issued by it; (b) the
receipt, investment, and application of the proceeds of the
bonds and moneys paid by a participant or available from
other sources for the payment of the bonds; (c) the enforcement of the obligations of a participant in connection with the
financing or refinancing of any project; and (d) other matters
relating to the exercise of the authority’s powers under this
chapter;
(2) Receive, hold, preserve, and enforce any security
interest or evidence of security interest granted by a participant for purposes of securing the payment of the bonds; and
(3) Act on behalf of the authority or the holders or owners of bonds of the authority for purposes of assuring or
enforcing the payment of the bonds, when due. [1983 c 169
§ 8.]
investment companies, insurance companies and associations, and all executors, administrators, guardians, trustees,
and other fiduciaries may legally invest any sinking funds,
moneys, or other funds belonging to them or within their control. [1983 c 169 § 10.]
28B.07.110 Projects or financing—Exemption from
certain restrictions on procedures for awarding contracts. A project or the financing or refinancing thereof pursuant to this chapter shall not be subject to the requirements
of any law or rule relating to competitive bidding, lease performance bonds, or other restrictions imposed on the procedure for award of contracts. [1983 c 169 § 11.]
28B.07.110
28B.07.080
28B.07.090 Holders or owners of bonds—Trustees—
Enforcement of rights—Purchase at foreclosure sale.
Any holder or owner of bonds of the authority issued under
this chapter or any holder of the coupons appertaining to the
bonds, and the trustee or trustees under any trust indenture,
except to the extent the rights given are restricted by the
authority in any bond resolution or trust indenture authorizing the bonds, may, either at law or in equity, by suit, action,
mandamus, or other proceedings, protect and enforce any of
their respective rights, and may become the purchaser at any
foreclosure sale if the person is the highest bidder. [1983 c
169 § 9.]
28B.07.090
28B.07.100 Bonds are securities—Legal investments.
The bonds of the authority are securities in which all public
officers and bodies of this state and all counties, cities,
municipal corporations, and political subdivisions, all banks,
bankers, trust companies, savings banks and institutions,
building and loan associations, savings and loan associations,
28B.07.100
[Title 28B RCW—page 10]
28B.07.120 Bond counsel—Selection. (1) The authority shall adopt written policies to provide for the selection of
bond counsel. The policies shall provide for the creation and
maintenance of a roster of attorneys whom the authority
believes possess the requisite special expertise and professional standing to provide bond counsel opinions which
would be accepted by the underwriters, bondholders and
other members of the financial community, and which would
be in furtherance of the public interest in obtaining the lowest
possible interest rates on the bonds issued by the authority.
Any attorney may apply to have his or her name placed on the
roster, but may not be placed on the roster unless the attorney
demonstrates to the authority’s satisfaction that the attorney
would issue the kind of opinions required by this section.
(2) Prior to selecting an attorney or attorneys to provide
bond counsel services, the authority shall provide all attorneys on the roster with a notice of its intentions to select bond
counsel and shall invite each of them to submit to the authority his or her fee schedule for providing bond counsel services. The authority shall have wide discretion in selecting
the attorney or attorneys it considers to be most appropriate to
provide the services, but in the exercise of this discretion the
authority shall consider all submitted fee schedules and the
public interest in achieving issuance of bonds on terms most
favorable to the authority. At least once every two calendar
years, the authority shall select anew an attorney or attorneys
to serve as bond counsel. However, the authority may retain
an attorney for longer than two years when necessary to complete work on a particular bond issue. An attorney previously
retained may be selected again but only after the authority has
provided other attorneys on the roster with an opportunity to
be selected and has made the fee schedule review required
under this subsection. As an alternative to retaining counsel
for a period of time, the authority may appoint an attorney to
serve as counsel in respect to only a particular bond issue or
issues. [1983 c 169 § 13.]
28B.07.120
28B.07.130 Underwriters—Selection. (1) The authority shall adopt written policies to provide for the selection of
underwriters. The policies shall provide for the creation of a
roster of underwriters who the authority believes possess the
requisite special expertise and professional standing to provide bond marketing services which would be accepted by
bondholders and other members of the financial community,
and which would be in furtherance of the public interest in
marketing the authority’s bonds at the lowest possible costs.
28B.07.130
(2008 Ed.)
Washington Higher Education Facilities Authority
Any underwriter may apply to have its name placed on the
roster, but may not be placed on the roster unless it demonstrates to the authority’s satisfaction that it meets the requirements of this section.
(2) Whenever the authority decides that it needs the services of an underwriter, it shall provide all underwriters on
the roster with a notice of its intentions and shall invite each
of them to submit to the authority an itemization of its fees
and other charges for providing underwriting services on the
issue. The itemization shall be by categories designed by the
authority. The authority shall have wide discretion in selecting the underwriter it considers to be most appropriate to provide the services, but in the exercise of this discretion the
authority shall consider the underwriter’s fees and other
charges and the public interest in achieving issuance of bonds
on terms most favorable to the authority. The authority may
adopt rules setting forth conditions under which an institution
of higher education may be permitted to exercise the notice
and selection procedures set forth in this subsection. These
rules shall require the institution to comply with the provisions of this subsection as if it were the authority and to
obtain the authority’s prior approval of the selection of an
underwriter. [1983 c 169 § 14.]
STUDENT LOAN FINANCING
28B.07.300 Student loan financing—Authority—
Liability. (1) In addition to its existing powers, the authority
has the following powers with respect to student loan financing:
(a) To originate and purchase educational loans;
(b) To issue revenue bonds payable from and secured by
educational loans;
(c) To execute financing documents in connection with
such educational loans and bonds;
(d) To adopt rules in accordance with chapter 34.05
RCW;
(e) To participate fully in federal programs that provide
guaranties for the repayment of educational loans and do all
things necessary, useful, or convenient to make such programs available in the state and carry out the purposes of this
chapter;
(f) To contract with an agency, financial institution, or
corporation, whether organized under the laws of this state or
otherwise, whereby such agency, financial institution, or corporation shall provide billing, accounting, reporting, or
administrative services required for educational loan programs administered by the authority or in which the authority
participates; and
(g) To form one or more nonprofit special purpose corporations for accomplishing the purposes set forth in this
chapter. The authority may contract with any such nonprofit
corporation, as set forth in (f) of this subsection.
(2) In the exercise of any of these powers, the authority
shall incur no expense or liability that shall be an obligation,
either general or special, of the state, and shall pay no
expense or liability from funds other than funds of the authority. Funds of the state may not be used for such purpose
unless appropriated for such purpose. [2007 c 36 § 3.]
28B.07.300
Policy—Purpose—2007 c 36: "It is the public policy of the state and a
recognized governmental function to facilitate student loan financing and
(2008 Ed.)
28B.07.320
thereby increase access to higher education for Washington’s citizens. The
purpose of this act is to bring to the citizens of the state the applicable advantages of federal tax law and federal loan guaranties and to authorize the
Washington higher education facilities authority to originate and acquire
educational loans and to issue nonrecourse revenue bonds to be paid from
such loans." [2007 c 36 § 1.]
28B.07.310 Administration of alternative state educational loans. The authority, in addition to administering
federal loan programs, may administer an alternative state
educational loan program that may include the purchase or
origination of alternative state educational loans with terms
as determined by the authority. These loans are not guaranteed by the state and the proceeds from loan repayment
including interest or other loan-related payments or authority
or contractor revenue may be used by the authority to make
any required payments to bondholders. [2007 c 36 § 4.]
28B.07.310
Policy—Purpose—2007 c 36: See note following RCW 28B.07.300.
28B.07.320 Revenue bonds—Issuance—Payment—
Personal liability. (1) The authority may, from time to time,
issue revenue bonds in order to carry out the purposes of this
chapter.
(2) The bonds shall be issued pursuant to a bond resolution or trust indenture and shall be payable solely out of the
special fund or funds created by the authority in the bond resolution or trust indenture. Any security interest created
against the unexpended bond proceeds and against the special
funds created by the authority shall be immediately valid and
binding against the moneys and any securities in which the
moneys may be invested without authority or trustee possession, and the security interest shall be prior to any party having any competing claim against the moneys or securities,
without filing or recording under Article 62A.9A of the uniform commercial code, and regardless of whether the party
has notice of the security interest.
(3) The obligations shall be payable from and secured by
a pledge of revenues derived from or by reason of ownership
of guaranteed educational loans and investment income, after
deduction of expenses of operating the authority’s program.
(4) The bonds may be issued as serial bonds or as term
bonds or any such combination. The bonds shall bear such
date or dates; mature at such time or times; bear interest at
such rate or rates, either fixed or variable; be payable at such
time or times; be in such denominations; be in such form;
carry such registration privileges; be made transferable,
exchangeable, and interchangeable; be payable in lawful
money of the United States of America at such place or
places; be subject to such terms of redemption; and be sold at
public or private sale, in such manner, at such time, and at
such price as the authority shall determine. The bonds shall
be executed by the manual or facsimile signatures of the
chairperson and the authority’s duly elected secretary or its
executive director, and by the trustee if the authority determines to use a trustee. At least one signature shall be manually subscribed.
(5) Any bond resolution, trust indenture, or other financing document may contain provisions, which may be made a
part of the contract with the holders or owners of the bonds to
be issued, pertaining to the following, among other matters:
(a) The security interests granted to the holders or owners of
the bonds to secure repayment of the bonds; (b) the segrega28B.07.320
[Title 28B RCW—page 11]
28B.07.330
Title 28B RCW: Higher Education
tion of reserves or sinking funds, and the regulation, investment, and disposition thereof; (c) limitations on the purposes
to which, or the investments in which, the proceeds of the
sale of any issue of bonds may be applied; (d) terms pertaining to the issuance of additional parity bonds; (e) the refunding of outstanding bonds; (f) procedures, if any, by which the
terms of any contract with bondholders may be amended or
abrogated; (g) events of default as well as rights and remedies
in the event of a default including without limitation the right
to declare all principal and interest immediately due and payable; (h) terms governing performance by the trustee of its
obligation; or (i) such other additional covenants, agreements, and provisions as are deemed necessary, useful, or
convenient by the authority for the security of the holders of
the bonds.
(6) All bonds and any interest coupons appertaining to
the bonds shall be negotiable instruments under Title 62A
RCW.
(7) Neither the members of the authority, nor its employees or agents, nor any person executing the bonds shall be liable personally on the bonds or be subject to any personal liability or accountability by reason of the issuance of the
bonds.
(8) The authority may purchase its bonds with any of its
funds available for the purchase. The authority may hold,
pledge, cancel, or resell the bonds subject to and in accordance with agreements with bondholders.
(9) Bonds issued under this chapter shall not be deemed
to constitute obligations, either general or special, of the state
or of any political subdivision of the state, or a pledge of the
faith and credit of the state or of any political subdivision, or
a general obligation of the authority. The bonds shall be special obligations of the authority and shall be payable solely
from the special fund or funds created by the authority in the
bond resolution or trust indenture pursuant to which the
bonds were issued. The issuance of bonds under this chapter
shall not obligate, directly, indirectly, or contingently, the
state or any political subdivision of the state to levy any taxes
or appropriate or expend any funds for the payment of the
principal or the interest on the bonds.
(10) Neither the proceeds of bonds issued under this
chapter, any moneys used or to be used to pay the principal of
or interest on the bonds, nor any moneys received by the
authority to defray its administrative costs shall constitute
public money or property. All of such moneys shall be kept
segregated and set apart from funds of the state and any political subdivision of the state and shall not be subject to appropriation or allotment by the state or subject to the provisions
of chapter 43.88 RCW. [2007 c 36 § 5.]
Policy—Purpose—2007 c 36: See note following RCW 28B.07.300.
28B.07.330 Revenue refunding bonds. Bonds may be
issued by the authority to refund other outstanding bonds
issued pursuant to this chapter, at or prior to the maturity
thereof, and to pay any redemption premium with respect
thereto. Bonds issued for such refunding purposes may be
combined with bonds issued for the origination or purchase
of educational loans. Pending the application of the proceeds
of the refunding bonds to the redemption of the bonds to be
redeemed, the authority may enter into an agreement or
28B.07.330
[Title 28B RCW—page 12]
agreements with a corporate trustee with respect to the
interim investment of the proceeds and the application of the
proceeds and the earnings on the proceeds to the payment of
the principal of and interest on, and the redemption of the
bonds to be redeemed. [2007 c 36 § 6.]
Policy—Purpose—2007 c 36: See note following RCW 28B.07.300.
28B.07.340 Trust funds—Trust agreements. All
moneys received by or on behalf of the authority under this
chapter, whether as proceeds from the sale of bonds or from
other sources shall be deemed to be trust funds to be held and
applied solely as provided in this chapter. The authority, in
lieu of receiving and applying the moneys itself, may enter
into an agreement or trust indenture with one or more banks
or trust companies having the power and authority to conduct
trust business in the state to:
(1) Perform all or any part of the obligations of the
authority with respect to: (a) Bonds issued by it; (b) the
receipt, investment, and application of the proceeds of the
bonds and moneys available for the payment of the bonds;
and (c) other matters relating to the exercise of the authority’s
powers under this chapter;
(2) Receive, hold, preserve, and enforce any security
interest or evidence of security interest granted by a participant for purposes of securing the payment of the bonds; and
(3) Act on behalf of the authority or the holders or owners of bonds of the authority for purposes of assuring or
enforcing the payment of the bonds, when due. [2007 c 36 §
7.]
28B.07.340
Policy—Purpose—2007 c 36: See note following RCW 28B.07.300.
28B.07.350 Proceeds fund. (1) All proceeds derived
from a particular bond under the provisions of this chapter
shall be deposited in a fund to be known as the proceeds fund,
which shall be maintained in such bank or banks as shall be
determined by the authority. Proceeds deposited in the fund
shall be expended only on approval of the authority.
(2) A separate proceeds fund shall be maintained for
each series of bonds issued by the authority.
(3) Funds credited to a proceeds fund may be used for
any or all of the following purposes:
(a) The payment of the necessary expenses, including,
without limitation, the costs of issuing the authority’s bonds,
incurred by the authority in carrying out its responsibilities
under RCW 28B.07.021, 28B.07.300 through 28B.07.380,
28B.07.925, 28B.07.927, and 28B.07.030;
(b) The establishment of a debt service reserve account
to secure the payment of bonds;
(c) The making of educational loans to qualified borrowers;
(d) The purchase, either directly or acting through a bank
with trust powers for its account, of educational loans; and
(e) The acquisition of an investment contract or contracts
or any other investments permitted under an indenture of the
authority securing its bonds. The income from the contract,
contracts, or investments, after payment of the bonds and all
expenses associated therewith, shall be used by the authority
to assist in carrying out its purposes under this chapter. [2007
c 36 § 8.]
28B.07.350
Policy—Purpose—2007 c 36: See note following RCW 28B.07.300.
(2008 Ed.)
Colleges and Universities Generally
28B.07.360 Default. The proceedings authorizing any
revenue obligations under this chapter or any financing document securing the revenue bonds may provide that if there is
a default in the payment of the principal of or the interest on
the bonds or in the performance of any agreement contained
in the proceedings or financing document, the payment and
performance may be enforced by mandamus or by the
appointment of a receiver in equity with power to collect revenues in accordance with the proceedings or provisions of the
financing document. [2007 c 36 § 9.]
28B.07.360
Policy—Purpose—2007 c 36: See note following RCW 28B.07.300.
28B.07.370 Debt limitation. Bonds issued by the
authority under this chapter shall not be subject to the debt
limitation set forth in RCW 28B.07.050(9). [2007 c 36 § 11.]
28B.07.370
Chapter 28B.10
28B.07.927 Conflict with federal requirements—
2007 c 36. If any part of this act is found to be in conflict with
federal requirements under the higher education act of 1965,
the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict and with respect to the
agencies directly affected, and such finding or determination
shall not affect the operation of the remainder of this act in its
application to the agencies concerned. The rules under this
act shall meet federal requirements that are a necessary condition for participation of a state agency under the higher education act of 1965, or its successor. [2007 c 36 § 10.]
28B.07.927
28B.07.928 Captions not law—2007 c 36. Captions
used in this act are not any part of the law. [2007 c 36 § 16.]
28B.07.928
28B.07.929 Severability—2007 c 36. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2007 c 36 § 17.]
28B.07.929
Policy—Purpose—2007 c 36: See note following RCW 28B.07.300.
28B.07.380 Sale of assets. The authority is authorized
to offer for sale from time to time loan portfolios or other
assets accumulated by the authority. Sales shall be conducted
in a competitive manner and shall be approved by the authority board. [2007 c 36 § 12.]
28B.07.380
Policy—Purpose—2007 c 36: See note following RCW 28B.07.300.
CONSTRUCTION
28B.07.900 Chapter supplemental—Application of
other laws. This chapter provides a complete, additional,
and alternative method for accomplishing the purposes of this
chapter and shall be regarded as supplemental and additional
to powers conferred by other laws. The issuance of bonds and
refunding bonds under this chapter need not comply with the
requirements of any other law applicable to the issuance of
bonds. [1983 c 169 § 15.]
28B.07.900
28B.07.910 Construction—1983 c 169. This chapter,
being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect its purposes. Insofar as the provisions of this chapter are inconsistent with the
provisions of any general or special law, or parts thereof, the
provisions of this chapter shall be controlling. [1983 c 169 §
16.]
28B.07.910
28B.07.920 Severability—1983 c 169. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1983 c 169 § 17.]
28B.07.920
28B.07.925 Chapter supplemental—Application of
other laws. This chapter shall be regarded as supplemental
and additional to the powers conferred on the authority by
other laws. The issuance of bonds and refunding bonds under
this chapter need not comply with requirements of any other
laws applicable to the issuance of bonds. [2007 c 36 § 13.]
28B.07.925
28B.07.926 Construction—2007 c 36. This act, being
necessary for the welfare of the state and its inhabitants, shall
be liberally construed to effect the purposes thereof. [2007 c
36 § 15.]
28B.07.926
(2008 Ed.)
Chapter 28B.10 RCW
COLLEGES AND UNIVERSITIES GENERALLY
Chapter 28B.10
Sections
28B.10.016
28B.10.017
28B.10.020
Definitions.
"Eligible student" defined.
Acquisition of property by universities and The Evergreen
State College.
28B.10.022 Authority to enter into financing contracts—Notice.
28B.10.023 Contracts subject to requirements established under office of
minority and women’s business enterprises.
28B.10.025 Purchases of works of art—Procedure.
28B.10.027 Allocation of moneys for acquisition of works of art—
Expenditure by arts commission—Conditions.
28B.10.029 Property purchase and disposition—Independent printing
production and purchasing authority—Purchase of correctional industries products.
28B.10.030 Display of United States flag.
28B.10.031 Check cashing privileges.
28B.10.032 Public and private institutions offering teacher preparation
programs—Exploration of methods to enhance awareness
of teacher preparation programs.
28B.10.040 Higher educational institutions to be nonsectarian.
28B.10.042 Personal identifiers—Use of social security numbers prohibited.
28B.10.0421 Personal identifiers—Funding.
28B.10.050 Entrance requirements exceeding minimum requirements.
28B.10.055 Credits—Statewide transfer policy and agreement—Establishment.
28B.10.056 State enrollment and degree priority—Science and technology fields—Report to the legislature.
28B.10.100 "Major line" defined.
28B.10.105 Courses exclusive to the University of Washington.
28B.10.106 Courses exclusive to Washington State University.
28B.10.115 Major lines common to University of Washington and Washington State University.
28B.10.120 Graduate work.
28B.10.125 Technology literacy—Reports.
28B.10.140 Teachers’ training courses.
28B.10.170 College and university fees.
28B.10.270 Rights of Washington national guard and other military
reserve students called to active service.
28B.10.280 Student loans—Federal student aid programs.
28B.10.281 Student loans—Certain activities may make student ineligible for aid.
28B.10.284 Uniform minor student capacity to borrow act.
28B.10.293 Additional charges authorized in collection of debts—Public
and private institutions of higher education.
28B.10.295 Educational materials on abuses of, and illnesses consequent
from, alcohol.
28B.10.300 Acquisition, construction, equipping and betterment of lands,
buildings and facilities at universities and The Evergreen
State College—Authorized.
[Title 28B RCW—page 13]
Chapter 28B.10
28B.10.305
Title 28B RCW: Higher Education
Acquisition, construction, equipping and betterment of lands,
buildings and facilities at universities and The Evergreen
State College—Use of lands, buildings, and facilities.
28B.10.310 Acquisition, construction, equipping and betterment of lands,
buildings and facilities at universities and The Evergreen
State College—Bonds—Sale, interest, form, payment,
term, execution, negotiability, etc.
28B.10.315 Acquisition, construction, equipping and betterment of lands,
buildings and facilities at universities and The Evergreen
State College—Funding, refunding bonds.
28B.10.320 Acquisition, construction, equipping and betterment of lands,
buildings and facilities at universities and The Evergreen
State College—Authority to be liberally construed—
Future acquisitions and installations may be pledged for
payment.
28B.10.325 Acquisition, construction, equipping and betterment of lands,
buildings and facilities at universities and The Evergreen
State College—Rate of interest on obligations.
28B.10.330 Acquisition, construction, equipping and betterment of lands,
buildings and facilities at universities and The Evergreen
State College—Nonliability of state.
28B.10.335 Validation of prior bond issues.
28B.10.350 Construction work, remodeling, or demolition—Public bid—
Exemption—Waiver—Prevailing rate of wage—Universities and The Evergreen State College.
28B.10.354 High-performance public buildings requirements.
28B.10.360 Educational and career opportunities in the military, student
access to information on, when.
28B.10.400 Annuities and retirement income plans—Authorized.
28B.10.401 Assumptions to be applied when establishing supplemental
payment under RCW 28B.10.400(3).
28B.10.405 Annuities and retirement income plans—Contributions by
faculty and employees.
28B.10.407 Annuities and retirement income plans—Credit for authorized leaves of absence without pay.
28B.10.409 Annuities and retirement income plans—Membership while
serving as state legislator.
28B.10.410 Annuities and retirement income plans—Limitation on institution’s contribution.
28B.10.415 Annuities and retirement income plans—Limitation on annuity or retirement income plan payment.
28B.10.417 Annuities and retirement income plans—Rights and duties of
faculty or employees with Washington state teachers’
retirement system credit—Regional universities and The
Evergreen State College.
28B.10.420 Annuities and retirement income plans—Retirement at age
seventy—Reemployment, conditions when.
28B.10.423 Annuities and retirement income plans—Limit on retirement
income—Adjustment of rates.
28B.10.425 Additional pension for certain retired university faculty
members or employees.
28B.10.430 Annuities and retirement income plans—Minimum monthly
benefit—Computation.
28B.10.431 Annuities and retirement income plans—Monthly benefit—
Post-retirement adjustment—Computation.
28B.10.480 Tax deferred annuities for employees.
28B.10.485 Charitable gift annuities, issuance of by universities and The
Evergreen State College—Scope.
28B.10.487 Charitable gift annuities, issuance of by universities and The
Evergreen State College—Obligation as to annuity payments.
28B.10.500 Removal of regents or trustees from universities and The
Evergreen State College.
28B.10.510 Attorney general as advisor.
28B.10.520 Regents and trustees—Oaths.
28B.10.525 Regents and trustees—Travel expenses.
28B.10.528 Delegation of powers and duties by governing boards.
28B.10.550 Police forces for universities and The Evergreen State College—Authorized.
28B.10.555 Police forces for universities and The Evergreen State College—Powers.
28B.10.560 Police forces for universities and The Evergreen State College—Establishment of traffic regulations—Adjudication
of parking infractions—Appeal.
28B.10.567 Police forces for universities and The Evergreen State College—Benefits for duty-related death, disability or injury.
28B.10.569 Crime statistics reporting—Campus safety plans—Memoranda of understanding and mutual aid agreements—Task
forces—Contact information.
28B.10.5691 Campus safety—Institutional assessments—Updates—
Reports.
28B.10.570 Interfering by force or violence with any administrator, faculty member or student unlawful—Penalty.
[Title 28B RCW—page 14]
28B.10.571
28B.10.572
28B.10.575
28B.10.580
28B.10.582
28B.10.584
28B.10.590
28B.10.592
28B.10.600
28B.10.605
28B.10.618
28B.10.620
28B.10.625
28B.10.640
28B.10.648
28B.10.650
28B.10.660
28B.10.665
28B.10.679
28B.10.680
28B.10.682
28B.10.685
28B.10.690
28B.10.691
28B.10.693
28B.10.695
28B.10.700
28B.10.703
28B.10.704
28B.10.710
28B.10.730
28B.10.776
28B.10.778
28B.10.780
28B.10.782
28B.10.784
28B.10.786
28B.10.790
28B.10.792
28B.10.825
28B.10.840
28B.10.842
28B.10.844
28B.10.850
28B.10.851
Intimidating any administrator, faculty member or student by
threat of force or violence unlawful—Penalty.
Certain unlawful acts—Disciplinary authority exception.
Student housing—Liquor prohibited, areas—Complaints
regarding liquor and illegal drug use—Policies, procedures, sanctions.
Term papers, theses, dissertations, sale of prohibited—Legislative findings—Purpose.
Term papers, theses, dissertations, sale of prohibited—Definitions.
Term papers, theses, dissertations, sale of prohibited—Violations enumerated—Exempted acts—Civil penalties—
Injunctive relief.
Course materials—Cost savings.
College textbook information—Publishers’ duties.
District schools may be used for teacher training by universities and The Evergreen State College—Authority.
District schools may be used for teacher training by universities and The Evergreen State College—Agreement for
financing, organization, etc.
Credit card marketing policies.
Agreements for research work by private nonprofit corporations at universities—Authority.
Agreements for research work by private nonprofit corporations at universities—Funds may be expended in cooperative effort.
Student associations to contract for certain purchases, concessions, printing, etc.—Procedure.
Employees—Peer review committees—Members’ immunity—Proceedings—Statement of reasons—Legal representation of members.
Remunerated professional leaves for faculty members of
institutions of higher education.
Insurance or protection authorized—Premiums—Health benefits for graduate student appointees.
Liability insurance for officers and employees authorized.
Washington mathematics placement test—Mathematics college readiness test.
Precollege course work—Findings—Intent.
Precollege course work—Adoption of definitions.
Precollege course work—Enrollment information—Report.
Graduation rate improvement—Findings.
Graduation rate improvement—Strategic plans—Adoption
of strategies.
Graduation rate improvement—Student progression understandings.
Timely completion of degree and certificate programs—
Adoption of policies.
Physical education in curriculum.
Programs for intercollegiate athletic competition—Authorized.
Funds for assistance of student participants in intercollegiate
activities or activities relating to performing arts.
Washington state or Pacific Northwest history in curriculum.
AIDS information—Four-year institutions.
Budget calculation—Enrollment levels—Participation rate.
Budget calculation—New enrollments—Funding level—
Inflation factor.
Budget calculation—Funding level.
Budget calculation—Increased enrollment target level—
Availability of information.
Budget calculation—Participation rate and enrollment level
estimates—Recommendations to governor and legislature.
Budget calculation—Student financial aid programs.
State student financial aid program—Certain residents
attending college or university in another state, applicability to—Authorization.
State student financial aid program—Certain residents
attending college or university in another state, applicability to—Guidelines.
Institutional student loan fund for needy students.
Definitions for purposes of RCW 28B.10.840 through
28B.10.844.
Actions against regents, trustees, officers, employees, or
agents of institutions of higher education or educational
boards—Defense—Costs—Payment of obligations from
liability account.
Regents, trustees, officers, employees or agents of institutions of higher education or educational boards, insurance
to protect and hold personally harmless.
Capital improvements, bonds for—Authorized—Form,
terms, conditions, sale, signatures.
Capital improvements, bonds for—Account created, purpose.
(2008 Ed.)
Colleges and Universities Generally
28B.10.852
28B.10.853
28B.10.854
28B.10.855
28B.10.863
28B.10.878
28B.10.890
28B.10.900
28B.10.901
28B.10.902
28B.10.903
28B.10.910
28B.10.912
28B.10.914
28B.10.916
28B.10.918
28B.10.920
28B.10.921
28B.10.922
Capital improvements, bonds for—Bond anticipation notes,
purpose.
Capital improvements, bonds for—Bond redemption fund
created, purpose—Compelling transfer of funds to.
Capital improvements, bonds for—Legislature may provide
additional means of revenue.
Capital improvements, bonds for—As legal investment for
state and municipal funds.
Distinguished professorship program—Solicitation and
receipt of gifts—Investment of endowed funds—Report to
the legislature.
G. Robert Ross distinguished faculty award.
Collegiate license plate fund—Scholarships.
"Hazing" defined.
Hazing prohibited—Penalty.
Participating in or permitting hazing—Loss of state-funded
grants or awards—Loss of official recognition or control—Rules.
Conduct associated with initiation into group or pastime or
amusement with group—Sanctions adopted by rule.
Students with disabilities—Core services.
Students with disabilities—Core services described—Notice
of nondiscrimination.
Students with disabilities—Accommodation.
Supplemental instructional materials for students with print
access disability.
Disability history month—Activities.
Performance agreements—Generally.
Performance agreements—Contents.
Performance agreements—State committee—Development
of final proposals—Implementation—Updates.
AIDS information: Chapter 70.24 RCW.
Alcohol, pure ethyl, purchase of: RCW 66.16.010.
Boxing, kickboxing, martial arts, and wrestling events
exemptions for: RCW 67.08.015.
physical examination of contestants, urinalysis: RCW 67.08.090.
Business colleges, excise tax: RCW 82.04.170.
Commercial activities by institutions of higher education—Development of
policies governing: Chapter 28B.63 RCW.
Common schools, joint programs with for highly capable students: RCW
28A.185.030.
Determination of lands purchased or leased by institutions of higher education are used as school sites—Reversion, when: RCW 79.17.140.
Discrimination to deny public accommodations because of race, color, or
creed, penalty: RCW 9.91.010.
Enrollment forecasts: RCW 43.62.050.
Eye protection, public and private educational institutions: RCW
70.100.010 through 70.100.040.
Gender equity—Goals: RCW 28B.15.455.
Governing body of recognized student association at college or university,
open public meetings act applicable to: RCW 42.30.200.
Incorporation
articles of incorporation: RCW 24.03.025.
dissolution: RCW 24.03.220, 24.03.250.
filing articles of consolidation: RCW 24.03.200.
filing fees: RCW 24.03.405.
merger and consolidation
articles of incorporation upon consolidation: RCW 24.03.200.
authorized: RCW 24.03.195.
effect: RCW 24.03.210.
effective, when: RCW 24.03.205.
filing fee: RCW 24.03.405.
joint agreement: RCW 24.03.195.
liabilities and obligations upon: RCW 24.03.210 through 24.03.230.
property status upon: RCW 24.03.210 through 24.03.230.
when becomes effective: RCW 24.03.205.
powers: RCW 24.03.035.
Information and research services of colleges and universities, authority for
school districts to obtain: RCW 28A.320.110.
Institutions of higher education, purchase of leased lands with improvements
by: RCW 79.17.110 through 79.17.130.
Normal schools included in public school system: State Constitution Art. 9
§ 2.
(2008 Ed.)
28B.10.017
Purchase of materials and supplies
compliance with regulations as to required: RCW 43.19.200.
general administration department powers as to: RCW 43.19.190.
Sale of alcohol to, special price: RCW 66.16.010.
State work-study program: Chapter 28B.12 RCW.
Stills, license for laboratory: RCW 66.24.140.
Students, residence for election purposes not lost by: State Constitution Art.
6 § 4, RCW 29A.04.151(3).
Vacation leave for personnel: RCW 43.01.042.
Western regional higher education compact: Chapter 28B.70 RCW.
28B.10.016 Definitions. For the purposes of this title:
(1) "State universities" means the University of Washington and Washington State University.
(2) "Regional universities" means Western Washington
University at Bellingham, Central Washington University at
Ellensburg, and Eastern Washington University at Cheney.
(3) "State college" means The Evergreen State College
in Thurston county.
(4) "Institutions of higher education" or "postsecondary
institutions" means the state universities, the regional universities, The Evergreen State College, the community colleges,
and the technical colleges.
(5) "Governing board" means the board of regents or the
board of trustees of the institutions of higher education.
[1992 c 231 § 1; 1991 c 238 § 113; 1977 ex.s. c 169 § 1.]
28B.10.016
Effective date—1992 c 231: "This act shall take effect July 1, 1992."
[1992 c 231 § 35.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
Tenure or terms, rights, including property rights, not affected—
1977 ex.s. c 169: "Nothing in this 1977 amendatory act shall affect the tenure of or the terms of any officials, administrative assistants, faculty members, or other employees of any institution of higher education within this
state, whether such institutions have hereinabove in this 1977 amendatory
act been redesignated as regional universities or otherwise. Nothing in this
1977 amendatory act shall affect any rights, whether to property or otherwise, existing on or after the effective date of this 1977 amendatory act, the
intent of the legislature being solely to redesignate as regional universities
certain institutions of higher education within this state." [1977 ex.s. c 169 §
113.]
Statute and RCW designations affected—1977 ex.s. c 169: "It is the
intent of the legislature that after the effective date of this 1977 amendatory
act, where the names "Western Washington State College", "Central Washington State College", or "Eastern Washington State College" are used in any
bill enacted by the legislature or found within the Revised Code of Washington, they shall mean "Western Washington University", "Central Washington University", and "Eastern Washington University", respectively." [1977
ex.s. c 169 § 114.]
Severability—1977 ex.s. c 169: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 169 § 116.]
28B.10.017 "Eligible student" defined. "Eligible student" means a student who (1) was enrolled in a Washington
college, university, community college, or vocational-technical institute on or after August 2, 1990, and (2) is unable to
complete the period of enrollment or academic term in which
the student was enrolled because the student was deployed
either in the Persian Gulf combat zone, as designated by the
president of the United States by executive order, or in
another location in support of the Persian Gulf combat zone.
An eligible student is required to verify his or her inability to
complete an academic term through military service records,
28B.10.017
[Title 28B RCW—page 15]
28B.10.020
Title 28B RCW: Higher Education
movement orders, or a certified letter signed by the student’s
installation personnel officer. [1991 c 164 § 1.]
28B.10.020 Acquisition of property by universities
and The Evergreen State College. The boards of regents of
the University of Washington and Washington State University, respectively, and the boards of trustees of Central Washington University, Eastern Washington University, Western
Washington University, and The Evergreen State College,
respectively, shall have the power and authority to acquire by
exchange, gift, purchase, lease, or condemnation in the manner provided by chapter 8.04 RCW for condemnation of
property for public use, such lands, real estate and other property, and interests therein as they may deem necessary for the
use of said institutions respectively. However, the purchase
or lease of major off-campus facilities is subject to the
approval of the higher education coordinating board under
RCW 28B.76.230. [2004 c 275 § 47; 1985 c 370 § 50; 1977
ex.s. c 169 § 7; 1969 ex.s. c 223 § 28B.10.020. Prior: 1967
c 47 § 16; 1947 c 104 § 1; Rem. Supp. 1947 § 4623-20. Formerly RCW 28.76.020.]
28B.10.020
with the boards of regents of the University of Washington
and Washington State University and with the boards of
trustees of the regional universities, The Evergreen State College, and the community college districts, determine the
amount to be made available for the purchases of art under
RCW 28B.10.027, and payment therefor shall be made in
accordance with law. The designation of projects and sites,
the selection, contracting, purchase, commissioning, reviewing of design, execution and placement, acceptance, maintenance, and sale, exchange, or disposition of works of art shall
be the responsibility of the Washington state arts commission
in consultation with the board of regents or trustees. [2005 c
36 § 2; 1990 c 33 § 557; 1983 c 204 § 8; 1977 ex.s. c 169 § 8;
1974 ex.s. c 176 § 4.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1983 c 204: See note following RCW 43.46.090.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Acquisition of works of art for public buildings and lands—Visual arts program established: RCW 43.46.090.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Allocation of moneys for acquisition of works of art—Expenditure by arts
commission—Conditions: RCW 43.17.200.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Purchase of works of art—Interagency reimbursement for expenditure by
visual arts program: RCW 43.17.205.
State art collection: RCW 43.46.095.
28B.10.022 Authority to enter into financing contracts—Notice. (1) The boards of regents of the state universities and the boards of trustees of the regional universities,
The Evergreen State College, and the state board for community and technical colleges, are severally authorized to enter
into financing contracts as provided in chapter 39.94 RCW.
Except as provided in subsection (2) of this section, financing
contracts shall be subject to the approval of the state finance
committee.
(2) The board of regents of a state university may enter
into financing contracts which are payable solely from and
secured by all or any component of the fees and revenues of
the university derived from its ownership and operation of its
facilities not subject to appropriation by the legislature and
not constituting "general state revenues," as defined in Article VIII, section 1 of the state Constitution, without the prior
approval of the state finance committee.
(3) Except for financing contracts for facilities or equipment described under chapter 28B.140 RCW, the board of
regents shall notify the state finance committee at least sixty
days prior to entering into such contract and provide information relating to such contract as requested by the state finance
committee. [2003 c 6 § 1; 2002 c 151 § 5; 1989 c 356 § 6.]
28B.10.022
28B.10.023 Contracts subject to requirements established under office of minority and women’s business
enterprises. All contracts entered into under this chapter by
institutions of higher education on or after September 1,
1983, are subject to the requirements established under chapter 39.19 RCW. [1983 c 120 § 10.]
28B.10.023
Effective date—Applicability—Severability—Conflict with federal
requirements—1983 c 120: See RCW 39.19.910, 39.19.920.
28B.10.025 Purchases of works of art—Procedure.
The Washington state arts commission shall, in consultation
28B.10.025
[Title 28B RCW—page 16]
28B.10.027 Allocation of moneys for acquisition of
works of art—Expenditure by arts commission—Conditions. All universities and colleges shall allocate as a nondeductible item, out of any moneys appropriated for the original
construction or any major renovation or remodel work
exceeding two hundred thousand dollars of any building, an
amount of one-half of one percent of the appropriation to be
expended by the Washington state arts commission with the
approval of the board of regents or trustees for the acquisition
of works of art. The works of art may be placed on public
lands of institutions of higher education, integral to or
attached to a public building or structure of institutions of
higher education, detached within or outside a public building or structure of institutions of higher education, part of a
portable exhibition or collection, part of a temporary exhibition, or loaned or exhibited in other public facilities.
In addition to the cost of the works of art, the one-half of
one percent of the appropriation shall be used to provide for
the administration of the visual arts program, including conservation of the state art collection, by the Washington state
arts commission and all costs for installation of the work of
art. For the purpose of this section building shall not include
sheds, warehouses, and other buildings of a temporary nature.
[2005 c 36 § 3; 1983 c 204 § 9.]
28B.10.027
Severability—1983 c 204: See note following RCW 43.46.090.
28B.10.029 Property purchase and disposition—
Independent printing production and purchasing authority—Purchase of correctional industries products. (1) An
institution of higher education may exercise independently
those powers otherwise granted to the director of general
administration in chapter 43.19 RCW in connection with the
purchase and disposition of all material, supplies, services,
and equipment needed for the support, maintenance, and use
28B.10.029
(2008 Ed.)
Colleges and Universities Generally
of the respective institution of higher education. Property
disposition policies followed by institutions of higher education shall be consistent with policies followed by the department of general administration. Purchasing policies and procedures followed by institutions of higher education shall be
in compliance with chapters 39.19, 39.29, and 43.03 RCW,
and RCW 43.19.1901, 43.19.1906, 43.19.1911, 43.19.1917,
43.19.1937, 43.19.534, 43.19.685, 43.19.700 through
43.19.704, and 43.19.560 through 43.19.637. The community and technical colleges shall comply with RCW
43.19.450. Except for the University of Washington, institutions of higher education shall comply with RCW 43.41.310,
43.41.290, and 43.41.350. If an institution of higher education can satisfactorily demonstrate to the director of the office
of financial management that the cost of compliance is
greater than the value of benefits from any of the following
statutes, then it shall be exempt from them: RCW 43.19.685;
43.19.534; and 43.19.637. Any institution of higher education that chooses to exercise independent purchasing authority for a commodity or group of commodities shall notify the
director of general administration. Thereafter the director of
general administration shall not be required to provide those
services for that institution for the duration of the general
administration contract term for that commodity or group of
commodities.
(2) The council of presidents and the state board for
community and technical colleges shall convene its correctional industries business development advisory committee,
and work collaboratively with correctional industries, to:
(a) Reaffirm purchasing criteria and ensure that quality,
service, and timely delivery result in the best value for expenditure of state dollars;
(b) Update the approved list of correctional industries
products from which higher education shall purchase; and
(c) Develop recommendations on ways to continue to
build correctional industries’ business with institutions of
higher education.
(3) Higher education and correctional industries shall
develop a plan to build higher education business with correctional industries to increase higher education purchases of
correctional industries products, based upon the criteria
established in subsection (2) of this section. The plan shall
include the correctional industries’ production and sales
goals for higher education and an approved list of products
from which higher education institutions shall purchase,
based on the criteria established in subsection (2) of this section. Higher education and correctional industries shall
report to the legislature regarding the plan and its implementation no later than January 30, 2005.
(4) Institutions of higher education shall set as a target to
contract, beginning not later than June 30, 2006, to purchase
one percent of the total goods and services required by the
institutions each year produced or provided in whole or in
part from class II inmate work programs operated by the
department of corrections. Institutions of higher education
shall set as a target to contract, beginning not later than June
30, 2008, to purchase two percent of the total goods and services required by the institutions each year produced or provided in whole or in part from class II inmate work programs
operated by the department of corrections.
(2008 Ed.)
28B.10.031
(5) An institution of higher education may exercise independently those powers otherwise granted to the public
printer in chapter 43.78 RCW in connection with the production or purchase of any printing and binding needed by the
respective institution of higher education. Purchasing policies and procedures followed by institutions of higher education shall be in compliance with chapter 39.19 RCW. Any
institution of higher education that chooses to exercise independent printing production or purchasing authority shall
notify the public printer. Thereafter the public printer shall
not be required to provide those services for that institution.
[2004 c 167 § 10. Prior: 1998 c 344 § 5; 1998 c 111 § 2; 1996
c 110 § 5; 1993 c 379 § 101.]
Intent—Findings—1998 c 344: See note following RCW 28B.38.010.
Intent—1993 c 379: "The legislature acknowledges the academic freedom of institutions of higher education, and seeks to improve their efficiency
and effectiveness in carrying out their missions. By this act, the legislature
intends to increase the flexibility of institutions of higher education to manage personnel, construction, purchasing, printing, and tuition." [1993 c 379
§ 1.]
Severability—1993 c 379: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1993 c 379 § 407.]
Effective date—1993 c 379: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 379 § 408.]
28B.10.030 Display of United States flag. Every board
of trustees or board of regents shall cause a United States flag
being in good condition to be displayed on the campus of
their respective state institution of higher education during
the hours of nine o’clock a.m. and four o’clock p.m. on
school days, except during inclement weather. [1969 ex.s. c
223 § 28B.10.030. Prior: 1939 c 17 § 1; RRS § 4531-1. Formerly RCW 28.76.030.]
28B.10.030
28B.10.031 Check cashing privileges. (1) Any institution of higher education may, at its option and after the
approval by governing boards, accept in exchange for cash a
payroll check, expense check, financial aid check, or personal
check from a student or employee of that institution of higher
education in accordance with the following conditions:
(a) The check shall be drawn to the order of cash or
bearer and be immediately payable by a drawee financial
institution;
(b) The person presenting the check to the institution of
higher education shall produce identification that he or she is
currently enrolled or employed at the institution of higher
education; and
(c) The payroll check, expense check, or financial aid
check shall have been issued by the institution of higher education.
(2) In the event that any personal check cashed under this
section is dishonored by the drawee financial institution
when presented for payment, the institution of higher education, after giving notice of the dishonor to the student or
employee and providing an opportunity for a brief adjudicative proceeding, may:
(a) In the case of a student, place a hold on the student’s
enrollment and transcript records until payment in full of the
28B.10.031
[Title 28B RCW—page 17]
28B.10.032
Title 28B RCW: Higher Education
value of the dishonored check and reasonable collection fees
and costs;
(b) In the case of an employee, withhold from the next
payroll check or expense check the full amount of the dishonored check plus a collection fee. In the case that the employee
no longer is employed by the institution of higher education
at time of dishonor, then the institution of higher education
may pursue other legal collection efforts that are to be paid by
the drawer or endorser of the dishonored check along with the
full value of the check. [1993 c 145 § 1.]
28B.10.032 Public and private institutions offering
teacher preparation programs—Exploration of methods
to enhance awareness of teacher preparation programs.
The state’s public and private institutions of higher education
offering teacher preparation programs and school districts are
encouraged to explore ways to facilitate faculty exchanges,
and other cooperative arrangements, to generate increased
awareness and understanding by higher education faculty of
the common school teaching experience and increased
awareness and understanding by common school faculty of
the teacher preparation programs. [1987 c 525 § 233.]
28B.10.032
Intent—Short title—1987 c 525 §§ 202-233: See notes following
RCW 28A.410.040.
Severability—1987 c 525: See note following RCW 28A.300.050.
28B.10.040 Higher educational institutions to be
nonsectarian. All institutions of higher education supported
wholly or in part by state funds, and by whatsoever name so
designated, shall be forever free from religious or sectarian
control or influence. [1969 ex.s. c 223 § 28B.10.040. Prior:
(i) 1909 c 97 p 242 § 7; RRS § 4559; prior: 1897 c 118 § 188;
1890 p 396 § 5. Formerly RCW 28.77.013; 28.76.040, part.
(ii) 1909 c 97 p 243 § 1, part; RRS § 4568, part; prior: 1897 c
118 § 190, part; 1891 c 145 § 1, part. Formerly RCW
28.80.015, part; 28.76.040, part.]
28B.10.040
Nonsectarian: State Constitution Art. 9 § 4, Art. 26.
28B.10.042 Personal identifiers—Use of social security numbers prohibited. (1) Institutions of higher education shall not use the social security number of any student,
staff, or faculty for identification except for the purposes of
employment, financial aid, research, assessment, accountability, transcripts, or as otherwise required by state or federal law.
(2) Each institution of higher education shall develop a
system of personal identifiers for students to be used for grading and other administrative purposes. The personal identifiers may not be social security numbers. [2001 c 103 § 2.]
28B.10.042
Findings—2001 c 103: "The legislature finds that the occurrences of
identity theft are increasing. The legislature also finds that widespread use of
the federally issued social security numbers has made identity theft more
likely to occur." [2001 c 103 § 1.]
Effective date—2001 c 103 § 2: "Section 2 of this act takes effect July
1, 2002." [2001 c 103 § 5.]
28B.10.0421 Personal identifiers—Funding. Each
institution of higher education shall use its own existing budgetary funds to develop the system for personal identifiers.
No new state funds shall be allocated for this purpose. [2001
c 103 § 4.]
28B.10.0421
[Title 28B RCW—page 18]
Findings—2001 c 103: See note following RCW 28B.10.042.
28B.10.050 Entrance requirements exceeding minimum requirements. Except as the legislature shall otherwise specifically direct, the boards of regents and the boards
of trustees for the state universities, the regional universities,
and The Evergreen State College may establish entrance
requirements for their respective institutions of higher education which meet or exceed the minimum entrance requirements established under RCW 28B.76.290(2). [2004 c 275 §
48; 1985 c 370 § 91; 1984 c 278 § 19; 1977 ex.s. c 169 § 9;
1969 ex.s. c 223 § 28B.10.050. Prior: 1917 c 10 § 9; RRS §
4540. Formerly RCW 28.76.050.]
28B.10.050
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Severability—1984 c 278: See note following RCW 28A.185.010.
Effective date—1984 c 278: See note following RCW 28A.230.130.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.10.055 Credits—Statewide transfer policy and
agreement—Establishment. See RCW 28B.76.240 and
28B.76.2401.
28B.10.055
28B.10.056 State enrollment and degree priority—
Science and technology fields—Report to the legislature.
(1) A state priority is established for institutions of higher
education, including community colleges, to encourage
growing numbers of enrollments and degrees in the fields of
engineering, technology, biotechnology, sciences, computer
sciences, and mathematics.
(2) In meeting this state priority, the legislature understands and recognizes that the demands of the economic marketplace and the desires of students are not always on parallel
tracks. Therefore, institutions of higher education shall
determine local student demand for programs in the fields of
engineering, technology, biotechnology, sciences, computer
sciences, and mathematics and submit findings and proposed
alternatives to meet demand to the higher education coordinating board and the legislature by November 1, 2008.
(3) While it is understood that these areas of emphasis
should not be the sole focus of institutions of higher education. It is the intent of the legislature that steady progress in
these areas occur. The higher education coordinating board
shall track and report progress in the fields of engineering,
technology, biotechnology, sciences, computer sciences, and
mathematics including, but not limited to, the following
information:
(a) The number of students enrolled in these fields on a
biennial basis;
(b) The number of associate, bachelor’s, and master’s
degrees conferred in these fields on a biennial basis;
(c) The amount of expenditures in enrollment and degree
programs in these fields; and
(d) The number and type of public-private partnerships
established relating to these fields among institutions of
higher education, including community colleges, and leading
corporations in Washington state.
(4) Institutions of higher education, including community colleges, shall be provided discretion and flexibility in
achieving the objectives under this section. Examples of the
28B.10.056
(2008 Ed.)
Colleges and Universities Generally
types of institutional programs that may help achieve these
objectives include, but are not limited to, establishment of
institutes of technology, new polytechnic-based institutions,
new divisions of existing institutions, and a flexible array of
delivery models, including face-to-face learning, interactive
courses, internet-based offerings, and instruction on main
campuses, branch campuses, and other educational centers.
(5) The legislature recognizes the global needs of the
economic marketplace for technologically prepared graduates, and the relationship between technology industries and
higher education. Institutions of higher education, including
community colleges, are strongly urged to consider science,
engineering, and technology program growth in areas of the
state that exhibit a high concentration of aerospace, biotechnology, and technology industrial presence. Expanded science and technology programs can gain from the proximity
of experienced and knowledgeable industry leaders, while
industry can benefit from access to new sources of highly
trained and educated graduates. [2006 c 180 § 2.]
Findings—Intent—2006 c 180: "(1) The legislature recognizes the
vital importance to the state’s economic prosperity and the economic benefit
of placing a priority on enrolling and conferring degrees upon students in the
fields of engineering, technology, biotechnology, science, computer science,
and mathematics.
(2) The legislature has significant concerns that other countries are outpacing the United States in graduating qualified engineers, and that major
corporations within Washington state are searching out-of-state and even
outside the United States to find the qualified and trained employees they
need.
(3) Data compiled by the technology alliance shows that Washington
state ranks thirty-fourth among the fifty states in the percentage of residents
who have earned a science or engineering degree, per capita.
(4) Data collected by the office of financial management indicates that
between the academic years of 1993-94 and 2003-04 at public four-year
institutions of higher education in Washington state:
(a) There was a twelve percent decline in the number of full-time
equivalents enrolled in the fields of engineering and related technologies;
and
(b) There was nearly a nine percent decline in the number of bachelor’s
degrees conferred in the fields of engineering and related technologies.
(5) Data collected by the office of financial management also shows
that for the 2003-04 academic year, only four percent of all full-time equivalents were enrolled in engineering and related technologies and just two
percent of all full-time equivalents were enrolled in computer science studies
at public four-year institutions of higher education in the state.
(6) Therefore, it is the intent of the legislature to promote increased
access, delivery models, enrollment slots, and degree opportunities in the
fields of engineering, technology, biotechnology, sciences, computer sciences, and mathematics. It is recognized that these areas of study and training are integrally linked to ensuring that Washington state’s economy can
compete nationally and globally in the twenty-first century marketplace. It
is also recognized that community colleges play a unique role in supporting
degree attainment in the fields of science, technology, engineering, and
mathematics through the development of transferable curricula and the
maintenance of viable articulation agreements with both public and private
universities." [2006 c 180 § 1.]
28B.10.100
28B.10.100 "Major line" defined. The term "major
line," whenever used in this code, shall be held and construed
to mean the development of the work or courses of study in
certain subjects to their fullest extent, leading to a degree or
degrees in that subject. [1969 ex.s. c 223 § 28B.10.100.
Prior: 1917 c 10 § 1; RRS § 4532. Formerly RCW
28.76.010.]
28B.10.105
28B.10.105 Courses exclusive to the University of
Washington. See RCW 28B.20.060.
(2008 Ed.)
28B.10.125
28B.10.106 Courses exclusive to Washington State
University. See RCW 28B.30.060 and 28B.30.065.
28B.10.106
28B.10.115 Major lines common to University of
Washington and Washington State University. The
courses of instruction of both the University of Washington
and Washington State University shall embrace as major
lines, pharmacy, architecture, civil engineering, mechanical
engineering, chemical engineering, and forest management
as distinguished from forest products and logging engineering which are exclusive to the University of Washington.
These major lines shall be offered and taught at said institutions only. [2003 c 82 § 1; 1985 c 218 § 1; 1969 ex.s. c 223
§ 28B.10.115. Prior: 1963 c 23 § 2; 1961 c 71 § 2; prior: (i)
1917 c 10 § 8; RRS § 4539. (ii) 1917 c 10 § 4; RRS § 4535.
Formerly RCW 28.76.080.]
28B.10.115
28B.10.120 Graduate work. Whenever a course is
authorized to be offered and taught by this code, in any of the
institutions herein mentioned, as a major line, it shall carry
with it the right to offer, and teach graduate work in such
major lines. [1969 ex.s. c 223 § 28B.10.120. Prior: 1917 c 10
§ 7; RRS § 4538. Formerly RCW 28.76.100.]
28B.10.120
28B.10.125 Technology literacy—Reports. (1)
Beginning in April 2000, representatives of the public baccalaureate institutions designated by the council of presidents,
in consultation with representatives of the community and
technical colleges and representatives of the higher education
coordinating board, shall convene an interinstitutional group
to begin to: (a) Develop a definition of information and technology literacy; (b) develop strategies or standards by which
to measure the achievement of information and technology
literacy; and (c) develop a financial assessment of the cost of
implementation.
(2) The baccalaureate institutions shall provide the house
of representatives and senate committees on higher education
with a progress report in January 2001.
(3) By the end of January 2002, the baccalaureate institutions shall deliver to the house of representatives and senate
committees on higher education a report detailing: (a) The
definition of information and technology literacy; (b) strategies or standards for measurement; (c) institutionally specific
plans for implementation; and (d) an evaluation of the feasibility of implementation taking into consideration cost.
(4) If the legislature determines that implementation is
feasible, the public baccalaureate institutions shall pilot test
strategies to assess and report on information and technology
literacy during the 2002-03 academic year.
(5) By the end of January 2004, the institutions shall
report to the house of representatives and senate committees
on higher education the results of the 2002-03 pilot study.
(6) Implementation of assessment strategies shall begin
in the academic year 2003-04.
(7) The higher education coordinating board shall report
results to the house of representatives and senate committees
on higher education in the 2005 legislative session. [2000 c
166 § 2.]
28B.10.125
Findings—2000 c 166: "The legislature finds that competence in information literacy and fluency in information technology are increasingly
important in the workplace as well as in day-to-day activities. The legislature
[Title 28B RCW—page 19]
28B.10.140
Title 28B RCW: Higher Education
finds that to prepare students to meet the challenges of the workforce and
society, students must be able to effectively manage and apply information
from a variety of sources. In addition, the legislature finds that institutions of
higher education have the opportunity to provide students with a framework
and approach to use information and technology effectively." [2000 c 166 §
1.]
28B.10.140 Teachers’ training courses. The University of Washington, Washington State University, Central
Washington University, Eastern Washington University,
Western Washington University, and The Evergreen State
College are each authorized to train teachers and other personnel for whom teaching certificates or special credentials
prescribed by the Washington professional educator standards board are required, for any grade, level, department, or
position of the public schools of the state. [2005 c 497 § 217;
2004 c 60 § 1; 1977 ex.s. c 169 § 10; 1969 ex.s. c 223 §
28B.10.140. Prior: 1967 c 47 § 17; 1949 c 34 § 1; Rem.
Supp. 1949 § 4618-3. Formerly RCW 28.76.120.]
28B.10.140
Intent—Part headings not law—Effective date—2005 c 497: See
notes following RCW 28A.305.011.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.10.170 College and university fees.
28B.15 RCW.
28B.10.170
See chapter
28B.10.270 Rights of Washington national guard and
other military reserve students called to active service.
(1) A member of the Washington national guard or any other
military reserve component who is a student at an institution
of higher education and who is ordered for a period exceeding thirty days to either active state service, as defined in
RCW 38.04.010, or to federal active military service has the
following rights:
(a) With regard to courses in which the person is
enrolled, the person may:
(i) Withdraw from one or more courses for which tuition
and fees have been paid that are attributable to the courses.
The tuition and fees must be credited to the person’s account
at the institution. Any refunds are subject to the requirements
of the state or federal financial aid programs of origination.
In such a case, the student shall not receive credit for the
courses and shall not receive a failing grade, an incomplete,
or other negative annotation on the student’s record, and the
student’s grade point average shall not be altered or affected
in any manner because of action under this item;
(ii) Be given a grade of incomplete and be allowed to
complete the course upon release from active duty under the
institution’s standard practice for completion of incompletes;
or
(iii) Continue and complete the course for full credit.
Class sessions the student misses due to performance of state
or federal active military service must be counted as excused
absences and must not be used in any way to adversely
impact the student’s grade or standing in the class. Any student who selects this option is not, however, automatically
excused from completing assignments due during the period
the student is performing state or federal active military service. A letter grade or a grade of pass must only be awarded
if, in the opinion of the faculty member teaching the course,
the student has completed sufficient work and has demon28B.10.270
[Title 28B RCW—page 20]
strated sufficient progress toward meeting course requirements to justify the grade;
(b) To receive a refund of amounts paid for room, board,
and fees attributable to the time period during which the student was serving in state or federal active military service and
did not use the facilities or services for which the amounts
were paid. Any refund of room, board, and fees is subject to
the requirements of the state or federal financial aid programs
of origination; and
(c) If the student chooses to withdraw, the student has the
right to be readmitted and enrolled as a student at the institution, without penalty or redetermination of admission eligibility, within one year following release from the state or federal active military service.
(2) The protections in this section may be invoked as follows:
(a) The person, or an appropriate officer from the military organization in which the person will be serving, must
give written notice that the person is being, or has been,
ordered to qualifying service; and
(b) Upon written request from the institution, the person
shall provide written verification of service.
(3) This section provides minimum protections for students. Nothing in this section prevents institutions of higher
education from providing additional options or protections to
students who are ordered to state or federal active military
service. [2004 c 161 § 1.]
Effective date—2004 c 161: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 26, 2004]." [2004 c 161 § 7.]
28B.10.280 Student loans—Federal student aid programs. The boards of regents of the state universities and the
boards of trustees of regional universities, The Evergreen
State College, and community college districts may each create student loan funds, and qualify and participate in the
National Defense Education Act of 1958 and such other similar federal student aid programs as are or may be enacted
from time to time, and to that end may comply with all of the
laws of the United States, and all of the rules, regulations and
requirements promulgated pursuant thereto. [1977 ex.s. c
169 § 11; 1970 ex.s. c 15 § 27; 1969 ex.s. c 222 § 2; 1969
ex.s. c 223 § 28B.10.280. Prior: 1959 c 191 § 1. Formerly
RCW 28.76.420.]
28B.10.280
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Severability—1970 ex.s. c 15: See note following RCW 28A.230.160.
Legislative declaration—Severability—1969 ex.s. c 222: See notes
following RCW 28B.92.010.
State educational trust fund—Established—Deposits—Use: RCW
28B.92.140.
28B.10.281 Student loans—Certain activities may
make student ineligible for aid. Any student who organizes
and/or participates in any demonstration, riot or other activity
of which the effect is to interfere with or disrupt the normal
educational process at such institution shall not be eligible for
such aid. [1969 ex.s. c 222 § 3. Formerly RCW 28.76.421.]
28B.10.281
Legislative declaration—Severability—1969 ex.s. c 222: See notes
following RCW 28B.92.010.
(2008 Ed.)
Colleges and Universities Generally
28B.10.284 Uniform minor student capacity to borrow act. See chapter 26.30 RCW.
28B.10.284
28B.10.293 Additional charges authorized in collection of debts—Public and private institutions of higher
education. Each state public or private institution of higher
education may, in the control and collection of any debt or
claim due owing to it, impose reasonable financing and late
charges, as well as reasonable costs and expenses incurred in
the collection of such debts, if provided for in the note or
agreement signed by the debtor. [1977 ex.s. c 18 § 1.]
28B.10.293
28B.10.295 Educational materials on abuses of, and
illnesses consequent from, alcohol. The boards of regents
of the state’s universities, the boards of trustees of the respective state colleges, and the boards of trustees of the respective
community colleges, with the cooperation of the *state board
for community college education, shall make available at
some place of prominence within the premises of each campus educational materials on the abuses of alcohol in particular and the illnesses consequent therefrom in general: PROVIDED, That such materials shall be obtained from public or
private organizations at no cost to the state. [1975 1st ex.s. c
164 § 2.]
28B.10.295
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Legislative recognition of community alcohol centers: "The legislature recognizes the invaluable services performed by the community alcohol
centers throughout the state, which centers would view making available
such educational materials as referred to in section 2 of this act as a part of
their community outreach education and preventive program and for which
material no fees would be charged." [1975 1st ex.s. c 164 § 1.]
28B.10.300 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities
and The Evergreen State College—Authorized. The
boards of regents of the state universities and the boards of
trustees of the regional universities and The Evergreen State
College are severally authorized to:
(1) Enter into contracts with persons, firms or corporations for the construction, installation, equipping, repairing,
renovating and betterment of buildings and facilities for the
following:
(a) dormitories
(b) hospitals
(c) infirmaries
(d) dining halls
(e) student activities
(f) services of every kind for students, including, but not
limited to, housing, employment, registration, financial aid,
counseling, testing and offices of the dean of students
(g) vehicular parking
(h) student, faculty and employee housing and boarding;
(2) Purchase or lease lands and other appurtenances necessary for the construction and installation of such buildings
and facilities and to purchase or lease lands with buildings
and facilities constructed or installed thereon suitable for the
purposes aforesaid;
(3) Lease to any persons, firms, or corporations such portions of the campus of their respective institutions as may be
necessary for the construction and installation of buildings
28B.10.300
(2008 Ed.)
28B.10.305
and facilities for the purposes aforesaid and the reasonable
use thereof;
(4) Borrow money to pay the cost of the acquisition of
such lands and of the construction, installation, equipping,
repairing, renovating, and betterment of such buildings and
facilities, including interest during construction and other
incidental costs, and to issue revenue bonds or other evidence
of indebtedness therefor, and to refinance the same before or
at maturity and to provide for the amortization of such indebtedness from services and activities fees or from the rentals,
fees, charges, and other income derived through the ownership, operation and use of such lands, buildings, and facilities
and any other dormitory, hospital, infirmary, dining, student
activities, student services, vehicular parking, housing or
boarding building or facility at the institution;
(5) Contract to pay as rental or otherwise the cost of the
acquisition of such lands and of the construction and installation of such buildings and facilities on the amortization plan;
the contract not to run over forty years;
(6) Expend on the amortization plan services and activities fees and/or any part of all of the fees, charges, rentals,
and other income derived from any or all revenue-producing
lands, buildings, and facilities of their respective institutions,
heretofore or hereafter acquired, constructed or installed,
including but not limited to income from rooms, dormitories,
dining rooms, hospitals, infirmaries, housing or student activity buildings, vehicular parking facilities, land or the appurtenances thereon, and to pledge such services and activities
fees and/or the net income derived through the ownership,
operation and use of any lands, buildings or facilities of the
nature described in subsection (1) hereof for the payment of
part or all of the rental, acquisition, construction, and installation, and the betterment, repair, and renovation or other
contract charges, bonds or other evidence of indebtedness
agreed to be paid on account of the acquisition, construction,
installation or rental of, or the betterment, repair or renovation of, lands, buildings, facilities and equipment of the
nature authorized by this section. [1977 ex.s. c 169 § 13;
1973 1st ex.s. c 130 § 1; 1969 ex.s. c 223 § 28B.10.300. Prior:
1967 ex.s. c 107 § 1; 1963 c 167 § 1; 1961 c 229 § 2; prior:
(i) 1950 ex.s. c 17 § 1, part; 1947 c 64 § 1, part; 1933 ex.s. c
23 § 1, part; 1925 ex.s. c 91 § 1, part; Rem. Supp. 1947 §
4543-1, part. (ii) 1947 c 64 § 2, part; 1933 ex.s. c 23 § 2, part;
1925 ex.s. c 91 § 2, part; Rem. Supp. 1947 § 4543-2, part.
Formerly RCW 28.76.180.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Prior bonds validated: See 1961 c 229 § 10.
28B.10.305 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities
and The Evergreen State College—Use of lands, buildings, and facilities. The lands, buildings, facilities, and
equipment acquired, constructed or installed for those purposes shall be used in the respective institutions primarily
for:
(1) dormitories
(2) hospitals
(3) infirmaries
(4) dining halls
(5) student activities
28B.10.305
[Title 28B RCW—page 21]
28B.10.310
Title 28B RCW: Higher Education
(6) services of every kind for students, including, but not
limited to housing, employment, registration, financial aid,
counseling, testing and offices of the dean of students
(7) vehicular parking
(8) student, faculty and employee housing and boarding.
[1969 ex.s. c 223 § 28B.10.305. Prior: 1967 ex.s. c 107 § 2;
1963 c 167 § 2; 1961 c 229 § 3; prior: 1950 ex.s. c 17 § 1,
part; 1947 c 64 § 1, part; 1933 ex.s. c 23 § 1, part; 1925 ex.s.
c 91 § 1, part; Rem. Supp. 1947 § 4543-1, part. Formerly
RCW 28.76.190.]
28B.10.310
28B.10.310 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities
and The Evergreen State College—Bonds—Sale, interest,
form, payment, term, execution, negotiability, etc. Each
issue or series of such bonds: Shall be sold at such price and
at such rate or rates of interest; may be serial or term bonds;
may mature at such time or times in not to exceed forty years
from date of issue; may be sold at public or private sale; may
be payable both principal and interest at such place or places;
may be subject to redemption prior to any fixed maturities;
may be in such denominations; may be payable to bearer or to
the purchaser or purchasers thereof or may be registrable as
to principal or principal and interest as provided in RCW
39.46.030; may be issued under and subject to such terms,
conditions and covenants providing for the payment of the
principal thereof and interest thereon, which may include the
creation and maintenance of a reserve fund or account to
secure the payment of such principal and interest and a provision that additional bonds payable out of the same source or
sources may later be issued on a parity therewith, and such
other terms, conditions, covenants and protective provisions
safeguarding such payment, all as determined and found necessary and desirable by said boards of regents or trustees. If
found reasonably necessary and advisable, such boards of
regents or trustees may select a trustee for the owners of each
such issue or series of bonds and/or for the safeguarding and
disbursements of the proceeds of their sale for the uses and
purposes for which they were issued and, if such trustee or
trustees are so selected, shall fix its or their rights, duties,
powers, and obligations. The bonds of each such issue or
series: Shall be executed on behalf of such universities or
colleges by the president of the board of regents or the chairman of the board of trustees, and shall be attested by the secretary or the treasurer of such board, one of which signatures
may be a facsimile signature; and shall have the seal of such
university or college impressed, printed, or lithographed
thereon, and any interest coupons attached thereto shall be
executed with the facsimile signatures of said officials. The
bonds of each such issue or series and any of the coupons
attached thereto shall be negotiable instruments within the
provisions and intent of the negotiable instruments law of this
state even though they shall be payable solely from any special fund or funds. [1983 c 167 § 31; 1972 ex.s. c 25 § 1;
1970 ex.s. c 56 § 22; 1969 ex.s. c 232 § 96; 1969 ex.s. c 223
§ 28B.10.310. Prior: 1961 c 229 § 7. Formerly RCW
28.76.192.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
[Title 28B RCW—page 22]
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
28B.10.315 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities
and The Evergreen State College—Funding, refunding
bonds. Such boards of regents or trustees may from time to
time provide for the issuance of funding or refunding revenue
bonds to fund or refund at or prior to maturity any or all
bonds of other indebtedness, including any premiums or penalties required to be paid to effect such funding or refunding,
heretofore or hereafter issued or incurred to pay all or part of
the cost of acquiring, constructing, or installing any lands,
buildings, or facilities of the nature described in RCW
28B.10.300.
Such funding or refunding bonds and any coupons
attached thereto shall be negotiable instruments within the
provisions and intent of the negotiable instruments law of this
state.
Such funding or refunding bonds may be exchanged for
or applied to the payment of the bonds or other indebtedness
being funded or refunded or may be sold in such manner and
at such price, and at such rate or rates of interest as the boards
of regents or trustees deem advisable, either at public or private sale.
The provisions of this chapter relating to the maturities,
terms, conditions, covenants, interest rate, issuance, and sale
of revenue bonds shall be applicable to such funding or
refunding bonds except as may be otherwise specifically provided in this section. [1983 c 167 § 32; 1970 ex.s. c 56 § 23;
1969 ex.s. c 232 § 97; 1969 ex.s. c 223 § 28B.10.315. Prior:
1961 c 229 § 8. Formerly RCW 28.76.194.]
28B.10.315
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
28B.10.320 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities
and The Evergreen State College—Authority to be liberally construed—Future acquisitions and installations
may be pledged for payment. The authority granted in
RCW 28B.10.300 through 28B.10.330 and 28B.15.220 shall
be liberally construed and shall apply to all lands, buildings,
and facilities of the nature described in RCW 28B.10.300
heretofore or hereafter acquired, constructed, or installed and
to any rentals, contract obligations, bonds or other indebtedness heretofore or hereafter issued or incurred to pay part or
all of the cost thereof, and shall include authority to pledge
for the amortization plan the net income from any and all
existing and future lands, buildings and facilities of the nature
described in RCW 28B.10.300 whether or not the same were
originally financed hereunder or under predecessor statutes.
[1969 ex.s. c 223 § 28B.10.320. Prior: 1961 c 229 § 9. Formerly RCW 28.76.196.]
28B.10.320
28B.10.325 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities
and The Evergreen State College—Rate of interest on
obligations. The rate or rates of interest on the principal of
28B.10.325
(2008 Ed.)
Colleges and Universities Generally
any obligation made or incurred under the authority granted
in RCW 28B.10.300 shall be as authorized by the board of
regents or trustees. [1970 ex.s. c 56 § 24; 1969 ex.s. c 232 §
98; 1969 ex.s. c 223 § 28B.10.325. Prior: 1961 c 229 § 4;
prior: 1950 ex.s. c 17 § 1, part; 1947 c 64 § 1, part; 1933 ex.s.
c 23 § 1, part; 1925 ex.s. c 91 § 1, part; Rem. Supp. 1947 §
4353-1, part. Formerly RCW 28.76.200.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
28B.10.330
28B.10.330 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities
and The Evergreen State College—Nonliability of state.
The state shall incur no liability by reason of the exercise of
the authority granted in RCW 28B.10.300. [1969 ex.s. c 223
§ 28B.10.330. Prior: 1961 c 229 § 5; prior: 1950 ex.s. c 17 §
1, part; 1947 c 64 § 1, part; 1933 ex.s. c 23 § 1, part; 1925
ex.s. c 91 § 1, part; Rem. Supp. 1947 § 4543-1, part. Formerly
RCW 28.76.210.]
28B.10.335
28B.10.335 Validation of prior bond issues. All
terms, conditions, and covenants, including the pledges of
student activity fees, student use fees and student building
use fees, special student fees or any similar fees charged to all
full time students, or to all students, as the case may be, registering at the state’s colleges and universities, contained in
all bonds heretofore issued to pay all or part of the cost of
acquiring, constructing or installing any lands, buildings, or
facilities of the nature described in RCW 28B.10.300 are
hereby declared to be lawful and binding in all respects.
[1973 1st ex.s. c 130 § 3.]
28B.10.400
(5) In the event of any emergency when the public interest or property of The Evergreen State College or a regional
or state university would suffer material injury or damage by
delay, the president of such college or university may declare
the existence of an emergency and, reciting the facts constituting the same, may waive the requirements of this section
with reference to any contract in order to correct the condition causing the emergency. For the purposes of this section,
"emergency" means a condition likely to result in immediate
physical injury to persons or to property of the college or university in the absence of prompt remedial action or a condition which immediately impairs the institution’s ability to
perform its educational obligations.
(6) This section does not apply when a contract is
awarded by the small works roster procedure authorized in
RCW 39.04.155 or under any other procedure authorized for
an institution of higher education. [2007 c 495 § 1; 2001 c 38
§ 1; 2000 c 138 § 202; 1993 c 379 § 109; 1985 c 152 § 1; 1979
ex.s. c 12 § 1; 1977 ex.s. c 169 § 14; 1971 ex.s. c 258 § 1.]
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
Severability—1979 ex.s. c 12: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1979 ex.s. c 12 § 3.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Severability—1971 ex.s. c 258: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 ex.s. c 258 § 3.]
Subcontractors to be identified by bidder, when: RCW 39.30.060.
28B.10.354 High-performance public buildings
requirements. Institutions of higher education must comply
with high-performance public building[s] requirements under
RCW 39.35D.010 through 39.35D.030 and 39.35D.060.
[2005 c 12 § 8.]
28B.10.354
28B.10.350
28B.10.350 Construction work, remodeling, or demolition—Public bid—Exemption—Waiver—Prevailing
rate of wage—Universities and The Evergreen State College. (1) When the cost to The Evergreen State College or
any regional or state university of any building, construction,
renovation, remodeling, or demolition, other than maintenance or repairs, will equal or exceed the sum of fifty-five
thousand dollars, or thirty-five thousand dollars if the work
involves one trade or craft area, complete plans and specifications for the work shall be prepared, the work shall be put out
for public bid, and the contract shall be awarded to the
responsible bidder who submits the lowest responsive bid.
(2) Any building, construction, renovation, remodeling,
or demolition project that exceeds the dollar amounts in subsection (1) of this section is subject to the provisions of chapter 39.12 RCW.
(3) The Evergreen State College or any regional or state
university may require a project to be put to public bid even
when it is not required to do so under subsection (1) of this
section. Any project publicly bid under this subsection is
subject to the provisions of chapter 39.12 RCW.
(4) Where the estimated cost of any building, construction, renovation, remodeling, or demolition is less than fiftyfive thousand dollars or the contract is awarded by the small
works roster procedure authorized in RCW 39.04.155, the
publication requirements of RCW 39.04.020 do not apply.
(2008 Ed.)
28B.10.360 Educational and career opportunities in
the military, student access to information on, when. If a
public institution of higher education provides access to the
campus and the student information directory to persons or
groups which make students aware of occupational or educational options, the institution of higher education shall provide access on the same basis to official recruiting representatives of the military forces of the state and the United States
for the purpose of informing students of educational and
career opportunities available in the military. [1980 c 96 § 2.]
28B.10.360
28B.10.400 Annuities and retirement income plans—
Authorized. The boards of regents of the state universities,
the boards of trustees of the regional universities and of The
Evergreen State College, and the *state board for community
college education are authorized and empowered:
(1) To assist the faculties and such other employees as
any such board may designate in the purchase of old age
annuities or retirement income plans under such rules and
regulations as any such board may prescribe. County agricultural agents, home demonstration agents, 4-H club agents,
28B.10.400
[Title 28B RCW—page 23]
28B.10.401
Title 28B RCW: Higher Education
and assistant county agricultural agents paid jointly by the
Washington State University and the several counties shall be
deemed to be full time employees of the Washington State
University for the purposes hereof;
(2) To provide, under such rules and regulations as any
such board may prescribe for the faculty members or other
employees under its supervision, for the retirement of any
such faculty member or other employee on account of age or
condition of health, retirement on account of age to be not
earlier than the sixty-fifth birthday: PROVIDED, That such
faculty member or such other employee may elect to retire at
the earliest age specified for retirement by federal social
security law: PROVIDED FURTHER, That any supplemental payment authorized by subsection (3) of this section and
paid as a result of retirement earlier than age sixty-five shall
be at an actuarially reduced rate;
(3) To pay to any such retired person or to his designated
beneficiary(s), each year after his retirement, a supplemental
amount which, when added to the amount of such annuity or
retirement income plan, or retirement income benefit pursuant to RCW 28B.10.415, received by him or his designated
beneficiary(s) in such year, will not exceed fifty percent of
the average annual salary paid to such retired person for his
highest two consecutive years of full time service under an
annuity or retirement income plan established pursuant to
subsection (1) of this section at an institution of higher education: PROVIDED, HOWEVER, That if such retired person
prior to his retirement elected a supplemental payment survivors option, any such supplemental payments to such retired
person or his designated beneficiary(s) shall be at actuarially
reduced rates: PROVIDED FURTHER, That if a faculty
member or other employee of an institution of higher education who is a participant in a retirement plan authorized by
this section dies, or has died before retirement but after
becoming eligible for retirement on account of age, the designated beneficiary(s) shall be entitled to receive the supplemental payment authorized by this subsection (3) of this section to which such designated beneficiary(s) would have been
entitled had said deceased faculty member or other employee
retired on the date of death after electing a supplemental payment survivors option: PROVIDED FURTHER, That for the
purpose of this subsection, the designated beneficiary(s) shall
be (a) the surviving spouse of the retiree; or, (b) with the written consent of such spouse, if any, such other person or persons as shall have an insurable interest in the retiree’s life and
shall have been nominated by written designation duly executed and filed with the retiree’s institution of higher education. [1979 ex.s. c 259 § 1; 1977 ex.s. c 169 § 15; 1975 1st
ex.s. c 212 § 1; 1973 1st ex.s. c 149 § 1; 1971 ex.s. c 261 § 1;
1969 ex.s. c 223 § 28B.10.400. Prior: 1965 c 54 § 2; 1957 c
256 § 1; 1955 c 123 § 1; 1947 c 223 § 1; 1943 c 262 § 1; 1937
c 223 § 1; Rem. Supp. 1947 § 4543-11. Formerly RCW
28.76.240.]
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Effective date—1979 ex.s. c 259: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the
state government and its existing public institutions, and shall take effect
immediately." [1979 ex.s. c 259 § 5.]
Severability—1979 ex.s. c 259: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
[Title 28B RCW—page 24]
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 259 § 4.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Severability—1973 1st ex.s. c 149: "If any provision of this 1973
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1973 1st ex.s. c 149 § 9.]
Appropriation—1973 1st ex.s. c 149: "The sum of $1,611,650 is
hereby appropriated from the general fund for the purpose of carrying out
this 1973 amendatory act, to be allocated by the governor to the institutions
of higher education." [1973 1st ex.s. c 149 § 10.]
Effective date—1973 1st ex.s. c 149: "This 1973 amendatory act shall
take effect on July 1, 1974." [1973 1st ex.s. c 149 § 11.]
Severability—1971 ex.s. c 261: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 ex.s. c 261 § 7.]
28B.10.401 Assumptions to be applied when establishing supplemental payment under RCW
28B.10.400(3). The boards of regents of the state universities, the boards of trustees of the state colleges, and the *state
board for community college education, when establishing
th e a m ou n t o f su p pl emen ta l pay m e n t u nd e r R CW
28B.10.400(3) as now or hereafter amended, shall apply the
following assumptions:
(1) That the faculty member or such other employee at
the time of retirement elected a joint and two-thirds survivor
option on their annuity or retirement income plan using
actual ages, but not exceeding a five-year age difference if
married, or an actuarial equivalent option if single, which
represents accumulations including all dividends from all
matching contributions and any benefit that such faculty
member is eligible to receive from any Washington state public retirement plan while employed at an institution of higher
education;
(2) That on and after July 1, 1974, matching contributions were allocated equally between a fixed dollar and a
variable dollar annuity;
(3) That for each year after age fifty, the maximum
amount of contributions pursuant to RCW 28B.10.410 as
now or hereafter amended be contributed toward the purchase of such annuity or retirement income plan, otherwise
three-fourths of the formula described in RCW 28B.10.415,
as now or hereafter amended, shall be applied. [1979 ex.s. c
259 § 3.]
28B.10.401
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Effective date—Severability—1979 ex.s. c 259: See notes following
RCW 28B.10.400.
28B.10.405 Annuities and retirement income plans—
Contributions by faculty and employees. Members of the
faculties and such other employees as are designated by the
boards of regents of the state universities, the boards of trustees of the regional universities and of The Evergreen State
College, or the *state board for community college education
shall be required to contribute not less than five percent of
their salaries during each year of full time service after the
first two years of such service toward the purchase of such
annuity or retirement income plan; such contributions may be
28B.10.405
(2008 Ed.)
Colleges and Universities Generally
in addition to federal social security tax contributions, if any.
[1977 ex.s. c 169 § 16; 1973 1st ex.s. c 149 § 2; 1971 ex.s. c
261 § 2; 1969 ex.s. c 223 § 28B.10.405. Prior: 1955 c 123 §
2; 1947 c 223 § 2; Rem. Supp. 1947 § 4543-12. Formerly
RCW 28.76.250.]
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Severability—Appropriation—Effective date—1973 1st ex.s. c 149:
See notes following RCW 28B.10.400.
Severability—1971 ex.s. c 261: See note following RCW 28B.10.400.
28B.10.407 Annuities and retirement income plans—
Credit for authorized leaves of absence without pay. (1)
A faculty member or other employee designated by the
boards of regents of the state universities, the boards of trustees of the regional universities and The Evergreen State College, or the *state board for community college education
who is granted an authorized leave of absence without pay
may apply the period of time while on the leave in the computation of benefits in any annuity and retirement plan authorized under RCW 28B.10.400 through 28B.10.430 only to
the extent provided in subsection (2) of this section.
(2) An employee who is eligible under subsection (1) of
this section may receive a maximum of two years’ credit during the employee’s entire working career for periods of
authorized leave without pay. Such credit may be obtained
only if the employee pays both the employer and employee
contributions required under RCW 28B.10.405 and
28B.10.410 while on the authorized leave of absence and if
the employee returns to employment with the university or
college immediately following the leave of absence for a
period of not less than two years. The employee and
employer contributions shall be based on the average of the
employee’s compensation at the time the leave of absence
was authorized and the time the employee resumes employment. Any benefit under RCW 28B.10.400(3) shall be based
only on the employee’s compensation earned from employment with the university or college.
An employee who is inducted into the armed forces of
the United States shall be deemed to be on an unpaid, authorized leave of absence. [1987 c 448 § 1.]
28B.10.407
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
28B.10.409 Annuities and retirement income plans—
Membership while serving as state legislator. (1) On or
after January 1, 1997, any employee who is on leave of
absence from an institution in order to serve as a state legislator may elect to continue to participate in any annuity or
retirement plan authorized under RCW 28B.10.400 during
the period of such leave.
(2) The institution shall pay the employee’s salary attributable to legislative service and shall match the employee’s
retirement plan contributions based on the salary for the leave
period. The state legislature shall reimburse the institution for
the salary and employer contributions covering the leave
period.
28B.10.409
(2008 Ed.)
28B.10.415
(3) "Institution" for purposes of this section means any
institution or entity authorized to provide retirement benefits
under RCW 28B.10.400. [1997 c 123 § 2.]
28B.10.410
28B.10.410 Annuities and retirement income plans—
Limitation on institution’s contribution. The boards of
regents of the state universities, the boards of trustees of the
regional universities and of The Evergreen State College, or
the *state board for community college education shall pay
not more than one-half of the annual premium of any annuity
or retirement income plan established under the provisions of
RCW 28B.10.400 as now or hereafter amended. Such contribution shall not exceed ten percent of the salary of the faculty
member or other employee on whose behalf the contribution
is made. This contribution may be in addition to federal
social security tax contributions made by the boards, if any.
[1977 ex.s. c 169 § 17; 1973 1st ex.s. c 149 § 3; 1971 ex.s. c
261 § 3; 1969 ex.s. c 223 § 28B.10.410. Prior: 1955 c 123 §
3; 1947 c 223 § 3; Rem. Supp. 1947 § 4543-13. Formerly
RCW 28.76.260.]
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Severability—Appropriation—Effective date—1973 1st ex.s. c 149:
See notes following RCW 28B.10.400.
Severability—1971 ex.s. c 261: See note following RCW 28B.10.400.
28B.10.415
28B.10.415 Annuities and retirement income plans—
Limitation on annuity or retirement income plan payment. The boards of regents of the state universities, the
boards of trustees of the regional universities and of The
Evergreen State College, or the *state board for community
college education shall not pay any amount to be added to the
annuity or retirement income plan of any retired person who
has served for less than ten years in one or more of the state
institutions of higher education. In the case of persons who
have served more than ten years but less than twenty-five
years no amount shall be paid in excess of four percent of the
amount authorized in subdivision (3) of RCW 28B.10.400 as
now or hereafter amended, multiplied by the number of years
of full time service rendered by such person: PROVIDED,
That credit for years of service at an institution of higher education shall be limited to those years in which contributions
were made by a faculty member or other employee designated pursuant to RCW 28B.10.400(1) and the institution or
the state as a result of which a benefit is being received by a
retired person from any Washington state public retirement
plan: PROVIDED FURTHER, That all such benefits that a
retired person is eligible to receive shall reduce any supplementation payments provided for in RCW 28B.10.400 as
now or hereafter amended. [1979 ex.s. c 259 § 2; 1977 ex.s.
c 169 § 18; 1973 1st ex.s. c 149 § 4; 1971 ex.s. c 261 § 4;
1969 ex.s. c 223 § 28B.10.415. Prior: 1955 c 123 § 4; 1947 c
223 § 4; Rem. Supp. 1947 § 4543-14. Formerly RCW
28.76.270.]
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
[Title 28B RCW—page 25]
28B.10.417
Title 28B RCW: Higher Education
Effective date—Severability—1979 ex.s. c 259: See notes following
RCW 28B.10.400.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Severability—Appropriation—Effective date—1973 1st ex.s. c 149:
See notes following RCW 28B.10.400.
Severability—1971 ex.s. c 261: See note following RCW 28B.10.400.
bers of the Washington state teachers’ retirement system and
shall forfeit all rights of membership, including pension benefits, theretofore acquired under the Washington state teachers’ retirement system. [1977 ex.s. c 169 § 19; 1971 ex.s. c
261 § 5.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Severability—1971 ex.s. c 261: See note following RCW 28B.10.400.
28B.10.417 Annuities and retirement income plans—
Rights and duties of faculty or employees with Washington state teachers’ retirement system credit—Regional
universities and The Evergreen State College. (1) A faculty member or other employee designated by the board of
trustees of the applicable regional university or of The Evergreen State College as being subject to an annuity or retirement income plan and who, at the time of such designation, is
a member of the Washington state teachers’ retirement system, shall retain credit for such service in the Washington
state teachers’ retirement system and except as provided in
subsection (2) of this section, shall leave his or her accumulated contributions in the teachers’ retirement fund. Upon his
or her attaining eligibility for retirement under the Washington state teachers’ retirement system, such faculty member or
other employee shall receive from the Washington state
teachers’ retirement system a retirement allowance consisting of an annuity which shall be the actuarial equivalent of
his or her accumulated contributions at his or her age when
becoming eligible for such retirement and a pension for each
year of creditable service established and retained at the time
of said designation as provided in RCW 41.32.497 as now or
hereafter amended. Anyone who on July 1, 1967, was receiving pension payments from the teachers’ retirement system
based on thirty-five years of creditable service shall thereafter receive a pension based on the total years of creditable
service established with the retirement system: PROVIDED,
HOWEVER, That any such faculty member or other
employee who, upon attainment of eligibility for retirement
under the Washington state teachers’ retirement system, is
still engaged in public educational employment, shall not be
eligible to receive benefits under the Washington state teachers’ retirement system until he or she ceases such public educational employment. Any retired faculty member or other
employee who enters service in any public educational institution shall cease to receive pension payments while engaged
in such service: PROVIDED FURTHER, That such service
may be rendered up to seventy-five days in a school year
without reduction of pension.
(2) A faculty member or other employee designated by
the board of trustees of the applicable regional university or
of The Evergreen State College as being subject to the annuity and retirement income plan and who, at the time of such
designation, is a member of the Washington state teachers’
retirement system may, at his or her election and at any time,
on and after midnight June 10, 1959, terminate his or her
membership in the Washington state teachers’ retirement system and withdraw his or her accumulated contributions and
interest in the teachers’ retirement fund upon written application to the board of trustees of the Washington state teachers’
retirement system. Faculty members or other employees who
withdraw their accumulated contributions, on and after the
date of withdrawal of contributions, shall no longer be mem28B.10.417
[Title 28B RCW—page 26]
28B.10.420 Annuities and retirement income plans—
Retirement at age seventy—Reemployment, conditions
when. (1) Except as provided otherwise in subsection (2) of
this section, faculty members or other employees designated
by the boards of regents of the state universities, the boards of
trustees of the regional universities or of The Evergreen State
College, or the *state board for community college education
pursuant to RCW 28B.10.400 through 28B.10.420 as now or
hereafter amended shall be retired from their employment
with their institutions of higher education not later than the
end of the academic year next following their seventieth
birthday.
(2) As provided in this subsection, the board of regents
of a state university, the board of trustees of a regional university or The Evergreen State College, or the *state board
for community college education may reemploy any person
who is "retired" pursuant to subsection (1) of this section,
who applies for reemployment and who has reached seventy
years of age on or after July 1, 1970. The following provisions shall govern such reemployment:
(a) Prior to the reemployment, the board of regents,
board of trustees, or state board shall have found that the person possesses outstanding qualifications which in the judgment of the board would permit the person to continue valuable service to the institution.
(b) The period of reemployment shall not be counted as
service under, or result in any eligibility for benefits or
increased benefits under, any state authorized or supported
annuity or retirement income plan. Reemployment shall not
result in the reemployed person or employer making any contributions to any such plan.
(c) No person may be reemployed on a full time basis if
such person is receiving benefits under any state authorized
or supported annuity or retirement income plan. The reemployment of any person on a full time basis shall be immediately terminated upon the person’s obtaining of any such benefits.
(d) A person may be reemployed on a part time basis and
receive or continue to receive any benefits for which such
person is eligible under any state authorized or supported
annuity or retirement income plan. Such part time work,
however, shall not exceed forty percent of full time employment during any year.
(e) A person reemployed pursuant to this section shall
comply with all conditions of reemployment and all rules
providing for the administration of this subsection which are
prescribed or adopted by the board of regents, or board of
trustees, or by the *state board for community college education. [1979 c 14 § 1. Prior: 1977 ex.s. c 276 § 1; 1977 ex.s. c
169 § 20; 1973 1st ex.s. c 149 § 5; 1969 ex.s. c 223 §
28B.10.420; prior: 1947 c 223 § 5; Rem. Supp. 1947 §
4543-14a. Formerly RCW 28.76.280.]
28B.10.420
(2008 Ed.)
Colleges and Universities Generally
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Severability—Appropriation—Effective date—1973 1st ex.s. c 149:
See notes following RCW 28B.10.400.
Retirement, earliest age allowable: RCW 28B.10.400.
"State universities," "regional universities," "state college," "institutions of
higher education," and "postsecondary institutions" defined: RCW
28B.10.016.
28B.10.423 Annuities and retirement income plans—
Limit on retirement income—Adjustment of rates. It is
the intent of RCW 28B.10.400, 28B.10.405, 28B.10.410,
28B.10.415, 28B.10.420, 28B.10.423 and 83.20.030 that the
retirement income resulting from the contributions described
herein from the state of Washington and the employee shall
be projected actuarially so that it shall not exceed sixty percent of the average of the highest two consecutive years salary. Periodic review of the retirement systems established
pursuant to RCW 28B.10.400, 28B.10.405, 28B.10.410,
28B.10.415, 28B.10.420, 28B.10.423 and *83.20.030 will be
undertaken at such time and in such manner as determined by
the committees on ways and means of the senate and of the
house of representatives and the public pension commission,
and joint contribution rates will be adjusted if necessary to
accomplish this intent. [1973 1st ex.s. c 149 § 8.]
28B.10.423
54.
*Reviser’s note: RCW 83.20.030 was repealed by 1979 ex.s. c 209 §
Severability—Appropriation—Effective date—1973 1st ex.s. c 149:
See notes following RCW 28B.10.400.
28B.10.425 Additional pension for certain retired
university faculty members or employees. Retired faculty
members or employees of the University of Washington or
Washington State University, who have reached age sixtyfive or are disabled from further service as of June 10, 1971,
who at the time of retirement or disability were not eligible
for federal old age, survivors, or disability benefit payments
(social security), and who are receiving retirement income on
July 1, 1970 pursuant to RCW 28B.10.400, shall, upon application approved by the board of regents of the institution
retired from, receive an additional pension of three dollars
per month for each year of full time service at such institution, including military leave. For periods of service that are
less than full time service, the monthly rate of the pension
shall be prorated accordingly to include such periods of service. [1971 ex.s. c 76 § 1.]
28B.10.425
28B.10.430 Annuities and retirement income plans—
Minimum monthly benefit—Computation. (1) For any
person receiving a monthly benefit pursuant to a program
established under RCW 28B.10.400, the pension portion of
such benefit shall be the sum of the following amounts:
(a) One-half of the monthly benefit payable under such
program by a life insurance company; and
(b) The monthly equivalent of the supplemental benefit
described in RCW 28B.10.400(3).
(2) Notwithstanding any provision of law to the contrary,
effective July 1, 1979, no person receiving a monthly benefit
pursuant to RCW 28B.10.400 shall receive, as the pension
28B.10.430
(2008 Ed.)
28B.10.480
portion of that benefit, less than ten dollars per month for
each year of service creditable to the person whose service is
the basis of the benefit. Portions of a year shall be treated as
fractions of a year and the decimal equivalent shall be multiplied by ten dollars. Where the benefit was adjusted at the
time benefit payments to the beneficiary commenced, the
minimum pension provided in this section shall be adjusted
in a manner consistent with that adjustment.
(3) Notwithstanding any provision of law to the contrary,
effective July 1, 1979, the monthly benefit of each person
who commenced receiving a monthly benefit under this
chapter as of a date no later than July 1, 1974, shall be permanently increased by a post-retirement adjustment. Such
adjustment shall be calculated as follows:
(a) Monthly benefits to which this subsection and subsection (2) of this section are both applicable shall be determined by first applying subsection (2) and then applying this
subsection. The department shall determine the total years of
creditable service and the total dollar benefit base accrued as
of December 31, 1978, except that this determination shall
take into account only those persons to whom this subsection
applies;
(b) The department shall multiply the total benefits
determined in (a) of this subsection by six percent and divide
the dollar value thus determined by the total service determined in (a) of this subsection. The resultant figure shall then
be a post-retirement increase factor which shall be applied as
specified in (c) of this subsection;
(c) Each person to whom this subsection applies shall
receive an increase which is the product of the factor determined in (b) of this subsection multiplied by the years of
creditable service. [1979 ex.s. c 96 § 5.]
28B.10.431 Annuities and retirement income plans—
Monthly benefit—Post-retirement adjustment—Computation. Notwithstanding any provision of law to the contrary,
effective July 1, 1983, the monthly benefit of each person
who either is receiving a benefit pursuant to a program established under RCW 28B.10.400 for their service as of July 1,
1978, or commenced receiving a monthly benefit as a surviving spouse or written designated beneficiary with an insurable interest in the retiree as of a date no later than December
31, 1982, shall be permanently increased by a post-retirement
adjustment of $.74 per month for each year of creditable service the faculty member or employee established with the
annuity or retirement income plan. Any fraction of a year of
service shall be counted in the computation of the post-retirement adjustment. [1983 1st ex.s. c 56 § 2.]
28B.10.431
Effective date—1983 1st ex.s. c 56: See note following RCW
2.12.046.
28B.10.480 Tax deferred annuities for employees.
The regents or trustees of any of the state’s institutions of
higher education are authorized to provide and pay for tax
deferred annuities for their respective employees in lieu of a
portion of salary or wages as authorized under the provisions
of 26 U.S.C., section 403(b), as amended by Public Law 87370, 75 Stat. 796 as now or hereafter amended. [1969 ex.s. c
223 § 28B.10.480. Prior: 1965 c 54 § 1, part. Formerly RCW
28.02.120, part.]
28B.10.480
[Title 28B RCW—page 27]
28B.10.485
Title 28B RCW: Higher Education
28B.10.485 Charitable gift annuities, issuance of by
universities and The Evergreen State College—Scope.
The boards of the state universities, regional universities, and
the state college are authorized to issue charitable gift annuities paying a fixed dollar amount to individual annuitants for
their lifetimes in exchange for the gift of assets to the respective institution in a single transaction. The boards shall invest
one hundred percent of the charitable gift annuity assets in a
reserve for the lifetimes of the respective annuitants to meet
liabilities that result from the gift program. [1979 c 130 § 1.]
28B.10.485
Severability—1979 c 130: "If any provision of this 1979 act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 c 130 § 15.]
Charitable gift annuity business: Chapter 48.38 RCW.
Title 48 RCW not to apply to charitable gift annuities issued by university or
state college: RCW 48.23.010.
28B.10.510 Attorney general as advisor. The attorney
general of the state shall be the legal advisor to the presidents
and the boards of regents and trustees of the institutions of
higher education and he shall institute and prosecute or
defend all suits in behalf of the same. [1973 c 62 § 3; 1969
ex.s. c 223 § 28B.10.510. Prior: 1909 c 97 p 242 § 8; RRS §
4560; prior: 1897 c 118 § 189; 1890 p 399 § 19. Formerly
RCW 28.77.125; 28.76.300.]
28B.10.510
Savings—1973 c 62: "Nothing in this 1973 amendatory act shall be
construed to affect any existing right acquired under the statutes amended or
repealed herein or the term of office or election or appointment or employment of any person elected, appointed or employed under the statutes
amended or repealed herein." [1973 c 62 § 26.]
Severability—1973 c 62: "If any provision of this 1973 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1973 c 62 § 28.]
Attorney general’s powers in general: Chapter 43.10 RCW.
Employment of attorneys by state agencies restricted: RCW 43.10.067.
28B.10.487 Charitable gift annuities, issuance of by
universities and The Evergreen State College—Obligation as to annuity payments. The obligation to make annuity payments to individuals under charitable gift annuity
agreements issued by the board of a state university, regional
university, or of the state college pursuant to RCW
28B.10.485 shall be secured by and limited to the assets
given in exchange for the annuity and reserves established by
the board. Such agreements shall not constitute:
(1) An obligation, either general or special, of the state;
or
(2) A general obligation of a state university, regional
university, or of the state college or of the board. [1979 c 130
§ 5.]
28B.10.487
Severability—1979 c 130: See note following RCW 28B.10.485.
28B.10.500 Removal of regents or trustees from universities and The Evergreen State College. No regent of
the state universities, or trustee of the regional universities or
of The Evergreen State College shall be removed during the
term of office for which appointed, excepting only for misconduct or malfeasance in office, and then only in the manner
hereinafter provided. Before any regent or trustee may be
removed for such misconduct or malfeasance, a petition for
removal, stating the nature of the misconduct or malfeasance
of such regent or trustee with reasonable particularity, shall
be signed and verified by the governor and served upon such
regent or trustee. Said petition, together with proof of service
of same upon such regent or trustee, shall forthwith be filed
with the clerk of the supreme court. The chief justice of the
supreme court shall thereupon designate a tribunal composed
of three judges of the superior court to hear and adjudicate the
charges. Such tribunal shall fix the time of hearing, which
shall be public, and the procedure for the hearing, and the
decision of such tribunal shall be final and not subject to
review by the supreme court. Removal of any member of the
board by the tribunal shall disqualify such member for reappointment. [1977 ex.s. c 169 § 21; 1969 ex.s. c 223 §
28B.10.500. Prior: 1943 c 59 § 1; Rem. Supp. 1943 § 46031. Formerly RCW 28.76.290.]
28B.10.500
28B.10.520 Regents and trustees—Oaths. Each member of a board of regents or board of trustees of a university
or other state institution of higher education, before entering
upon his duties, shall take and subscribe an oath to discharge
faithfully and honestly his duties and to perform strictly and
impartially the same to the best of his ability, such oath to be
filed with the secretary of state. [1977 ex.s. c 169 § 22; 1969
ex.s. c 223 § 28B.10.520. Prior: 1909 c 97 p 248 § 13; RRS
§ 4593; prior: 1897 c 118 § 202; 1891 c 145 § 14. Formerly
RCW 28.80.140.]
28B.10.520
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.10.525 Regents and trustees—Travel expenses.
Each member of a board of regents or board of trustees of a
university or other state institution of higher education, shall
be entitled to receive travel expenses in accordance with
RCW 43.03.050 and 43.03.060 as now existing or hereafter
amended for each day or portion thereof in which he or she is
actually engaged in business of the board. [1979 c 14 § 2.
Prior: 1977 ex.s. c 169 § 23; 1977 ex.s. c 118 § 1; 1975-’76
2nd ex.s. c 34 § 72; 1969 ex.s. c 223 § 28B.10.525; prior: (i)
1939 c 176 § 1, part; 1927 c 227 § 1, part; 1909 c 97 p 240 §
5, part; RRS § 4557, part. Formerly RCW 28.77.130, part. (ii)
1909 c 97 p 249 § 14; RRS § 4594; prior: 1897 c 118 § 203;
1891 c 145 § 15. Formerly RCW 28.80.150.]
28B.10.525
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115.
28B.10.528 Delegation of powers and duties by governing boards. The governing boards of institutions of
higher education shall have power, when exercised by resolution, to delegate to the president or his designee, of their
respective university or college, any of the powers and duties
vested in or imposed upon such governing board by law. Delegated powers and duties may be exercised in the name of the
respective governing boards. [1971 ex.s. c 57 § 21.]
28B.10.528
28B.10.550 Police forces for universities and The
Evergreen State College—Authorized. The boards of
28B.10.550
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
[Title 28B RCW—page 28]
(2008 Ed.)
Colleges and Universities Generally
regents of the state universities, and the boards of trustees of
the regional universities or of The Evergreen State College,
acting independently and each on behalf of its own institution:
(1) May each establish a police force for its own institution, which force shall function under such conditions and
regulations as the board prescribes; and
(2) May supply appropriate badges and uniforms indicating the positions and authority of the members of such police
force. [1977 ex.s. c 169 § 24; 1969 ex.s. c 223 § 28B.10.550.
Prior: 1965 ex.s. c 16 § 1; 1949 c 123 § 1; Rem. Supp. 1949
§ 4543-16. Formerly RCW 28.76.310.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.10.555 Police forces for universities and The
Evergreen State College—Powers. The members of a
police force established under authority of RCW 28B.10.550,
when appointed and duly sworn:
(1) Shall be peace officers of the state and have such
police powers as are vested in sheriffs and peace officers generally under the laws of this state; and
(2) May exercise such powers upon state lands devoted
mainly to the educational or research activities of the institution to which they were appointed; and
(3) Shall have power to pursue and arrest beyond the
limits of such state lands, if necessary, all or any violators of
the rules or regulations herein provided for. [1969 ex.s. c 223
§ 28B.10.555. Prior: 1965 ex.s. c 16 § 2; 1949 c 123 § 2;
Rem. Supp. 1949 § 4543-17. Formerly RCW 28.76.320.]
28B.10.555
28B.10.560 Police forces for universities and The
Evergreen State College—Establishment of traffic regulations—Adjudication of parking infractions—Appeal.
(1) The boards of regents of the state universities, and the
boards of trustees of the regional universities and of The
Evergreen State College, acting independently and each on
behalf of its own institution, may each:
(a) Establish and promulgate rules and regulations governing pedestrian traffic and vehicular traffic and parking
upon lands and facilities of the university or college;
(b) Adjudicate matters involving parking infractions
internally; and
(c) Collect and retain any penalties so imposed.
(2) If the rules or regulations promulgated under subsection (1) of this section provide for internal adjudication of
parking infractions, a person charged with a parking infraction who deems himself or herself aggrieved by the final
decision in an internal adjudication may, within ten days after
written notice of the final decision, appeal by filing a written
notice thereof with the college or university police force.
Documents relating to the appeal shall immediately be forwarded to the district court in the county in which the offense
was committed, which court shall have jurisdiction over such
offense and such appeal shall be heard de novo. [1983 c 221
§ 1; 1977 ex.s. c 169 § 25; 1969 ex.s. c 223 § 28B.10.560.
Prior: 1965 ex.s. c 16 § 3; 1949 c 123 § 3; Rem. Supp. 1949
§ 4543-18. Formerly RCW 28.76.330.]
28B.10.560
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
(2008 Ed.)
28B.10.569
28B.10.567
28B.10.567 Police forces for universities and The
Evergreen State College—Benefits for duty-related
death, disability or injury. The boards of regents of the
state universities and board of trustees of the regional universities and the board of trustees of The Evergreen State College are authorized and empowered, under such rules and
regulations as any such board may prescribe for the duly
sworn police officers employed by any such board as members of a police force established pursuant to RCW
28B.10.550, to provide for the payment of death or disability
benefits or medical expense reimbursement for death, disability, or injury of any such duly sworn police officer who,
in the line of duty, loses his life or becomes disabled or is
injured, and for the payment of such benefits to be made to
any such duly sworn police officer or his surviving spouse or
the legal guardian of his child or children, as defined in RCW
41.26.030(7), or his estate: PROVIDED, That the dutyrelated benefits authorized by this section shall in no event be
greater than the benefits authorized on June 25, 1976 for
duty-related death, disability, or injury of a law enforcement
officer under chapter 41.26 RCW: PROVIDED FURTHER,
That the duty-related benefits authorized by this section shall
be reduced to the extent of any amounts received or eligible
to be received on account of the duty-related death, disability,
or injury to any such duly sworn police officer, his surviving
spouse, the legal guardian of his child or children, or his
estate, under workers’ compensation, social security including the changes incorporated under Public Law 89-97 as now
or hereafter amended, or disability income insurance and
health care plans under chapter 41.05 RCW. [1987 c 185 § 2;
1977 ex.s. c 169 § 26; 1975-’76 2nd ex.s. c 81 § 1.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.10.569
28B.10.569 Crime statistics reporting—Campus
safety plans—Memoranda of understanding and mutual
aid agreements—Task forces—Contact information. (1)
Each institution of higher education with a commissioned
police force shall report to the Washington association of
sheriffs and police chiefs or its successor agency, on a
monthly basis, crime statistics for the Washington state uniform crime report, in the format required by the Washington
association of sheriffs and police chiefs, or its successor
agency. Institutions of higher education which do not have
commissioned police forces shall report crime statistics
through appropriate local law enforcement agencies.
(2) Each institution of higher education shall publish and
distribute a report which shall be updated annually and which
shall include the crime statistics as reported under subsection
(1) of this section for the most recent three-year period. Upon
request, the institution shall provide the report to every person who submits an application for admission to either a main
or branch campus, and to each new employee at the time of
employment. In its acknowledgment of receipt of the formal
application for admission, the institution shall notify the
applicant of the availability of such information. The information also shall be provided on an annual basis to all students and employees. Institutions with more than one cam[Title 28B RCW—page 29]
28B.10.5691
Title 28B RCW: Higher Education
pus shall provide the required information on a campus-bycampus basis.
(3)(a) Within existing resources, each institution of
higher education shall make available to all students, faculty,
and staff, and upon request to other interested persons, a campus safety plan that includes, at a minimum, the following:
(i) Data regarding:
(A) Campus enrollments;
(B) Campus nonstudent workforce profile; and
(C) The number of campus security personnel;
(ii) Policies, procedures, and programs related to:
(A) Preventing and responding to violence and other
campus emergencies;
(B) Setting the weapons policy on campus;
(C) Controlled substances as defined in RCW 64.44.010;
and
(D) Governing student privacy;
(iii) Information about:
(A) Sexual assault, domestic violence, and stalking,
including contact information for campus and community
victim advocates, information on where to view or receive
campus policies on complaints, and the name and contact
information of the individual or office to whom students and
employees may direct complaints of sexual assault, stalking,
or domestic violence; and
(B) Sexual harassment, including contact information
for campus and community victim advocates, information on
where to view or receive campus policies on complaints, and
the name and contact information of the individual or office
to whom students and employees may direct complaints of
sexual harassment;
(iv) Descriptions of:
(A) Mutual assistance arrangements with state and local
police;
(B) Methods and options that persons with disabilities or
special needs have to access services and programs;
(C) Escort and transportation services that provide for
individual security;
(D) Mental health and counseling services available to
students, faculty, and staff;
(E) Procedures for communicating with students, faculty, staff, the public, and the media, during and following
natural and nonnatural emergencies.
(b) The campus safety plan shall include, for the most
recent academic year:
(i) A description of programs and services offered by the
institution and student-sponsored organizations that provide
for crime prevention and counseling. The description must
include a listing of the available services, the service locations, and how the services may be contacted; and
(ii) For institutions maintaining student housing facilities, information detailing security policies and programs for
those facilities.
(c)(i) Institutions with a main campus and one or more
branch campuses shall provide the information on a campusby-campus basis.
(ii) Community and technical colleges shall provide such
information for the main campuses only, and shall provide
reasonable alternative information for any off-campus centers and affiliated college sites enrolling fewer than one hundred students.
[Title 28B RCW—page 30]
(4)(a) Each institution shall enter into memoranda of
understanding that set forth responsibilities for the various
local jurisdictions in the event of a campus emergency.
(b) Each institution shall enter into mutual aid agreements with local jurisdictions regarding the shared use of
equipment and technology in the event of a campus emergency.
(c) Memoranda of understanding and mutual aid agreements shall be updated and included in campus safety plans.
(5)(a) Each institution shall establish a task force that
examines campus security and safety issues at least annually.
Each task force shall include representation from the institution’s administration, faculty, staff, recognized student organizations, and police or security organization.
(b) Each task force shall review the campus safety plan
published and distributed under this section for its respective
institution, in order to ensure its accuracy and effectiveness
and to make any suggestions for improvement.
(6) The president of each institution shall designate a
specific individual responsible for monitoring and coordinating the institution’s compliance with this section and shall
ensure that contact information for this individual is made
available to all students, faculty, and staff. [2008 c 168 § 1;
1990 c 288 § 7.]
28B.10.5691
28B.10.5691 Campus safety—Institutional assessments—Updates—Reports. (1) Each institution of higher
education shall take the following actions:
(a) By October 30, 2008, submit a self-study assessing
its ability to facilitate the safety of students, faculty, staff,
administration, and visitors on each campus, including an
evaluation of the effectiveness of these measures, an assessment of the institution’s ability to disseminate information in
a timely and efficient manner to students, faculty, and staff,
an evaluation of the institution’s ability to provide an appropriate level of mental health services, and an action plan and
timelines describing plans to maximize program effectiveness for the next two biennia. Four-year institutions shall
submit their studies to the higher education coordinating
board. Community and technical colleges shall submit their
studies to the state board for community and technical colleges.
(b) By October 30th of each even-numbered year, beginning in 2010, each institution shall submit an update to its
[campus safety] plan, including an assessment of the results
of activities undertaken under any previous plan to address
unmet safety issues, and additional activities, or modifications of current activities, to be undertaken to address remaining safety issues at the institution.
(2) The higher education coordinating board and the
state board for community and technical colleges shall report
biennially, beginning December 31, 2010, to the governor
and the higher education committees of the house of representatives and the senate on:
(a) The efforts of each institution and the extent to which
it has complied with RCW 28B.10.569 and subsection (1)(b)
of this section; and
(b) Recommendations on measures to assist institutions
to ensure and enhance campus safety. [2008 c 168 § 2.]
(2008 Ed.)
Colleges and Universities Generally
28B.10.570 Interfering by force or violence with any
administrator, faculty member or student unlawful—
Penalty. (1) It shall be unlawful for any person, singly or in
concert with others, to interfere by force or violence with any
administrator, faculty member or student of any university,
college or community college who is in the peaceful discharge or conduct of his or her duties or studies.
(2) A person violating this section is guilty of a gross
misdemeanor and shall be fined not more than five hundred
dollars, or imprisoned in jail not more than six months, or
both such fine and imprisonment. [2003 c 53 § 171; 1971 c
45 § 1; 1970 ex.s. c 98 § 1. Formerly RCW 28.76.600.]
28B.10.570
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1971 c 45: "If any provision of this 1971 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provisions to other persons or
circumstances is not affected." [1971 c 45 § 8.]
Severability—1970 ex.s. c 98: "If a court of competent jurisdiction
shall adjudge to be invalid or unconstitutional any clause, sentence, paragraph, section, or part of this act, such judgment or decree shall not affect,
impair, invalidate or nullify the remainder of this act, but the effect thereof
shall be confined to the clause, sentence, paragraph, section or part of this act
so adjudged to be invalid or unconstitutional." [1970 ex.s. c 98 § 5.]
Disturbing school, school activities or meetings—Penalty—Disposition of
fines: RCW 28A.635.030.
28B.10.571 Intimidating any administrator, faculty
member or student by threat of force or violence unlawful—Penalty. (1) It shall be unlawful for any person, singly
or in concert with others, to intimidate by threat of force or
violence any administrator, faculty member or student of any
university, college or community college who is in the peaceful discharge or conduct of his or her duties or studies.
(2) A person violating this section is guilty of a gross
misdemeanor and shall be fined not more than five hundred
dollars, or imprisoned in jail not more than six months, or
both such fine and imprisonment. [2003 c 53 § 172; 1971 c
45 § 2; 1970 ex.s. c 98 § 2. Formerly RCW 28.76.601.]
28B.10.571
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1971 c 45: See note following RCW 28B.10.570.
Severability—1970 ex.s. c 98: See note following RCW 28B.10.570.
28B.10.572 Certain unlawful acts—Disciplinary
authority exception. The crimes defined in RCW
28B.10.570 and 28B.10.571 shall not apply to school administrators or teachers who are engaged in the reasonable exercise of their disciplinary authority. [2003 c 53 § 173; 1970
ex.s. c 98 § 3. Formerly RCW 28.76.602.]
28B.10.572
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1970 ex.s. c 98: See note following RCW 28B.10.570.
28B.10.575 Student housing—Liquor prohibited,
areas—Complaints regarding liquor and illegal drug
use—Policies, procedures, sanctions. (1) Each public institution of higher education shall notify all students applying
for college or university-owned student housing of the availability of housing in an area in which all liquor use is prohibited.
28B.10.575
(2008 Ed.)
28B.10.580
(2) Each public institution of higher education, upon
request, shall provide students access to student housing on a
residence hall floor, designated area, or in a building where
liquor use is prohibited.
(3) Each public institution shall have in place, and distribute to students in college or university-owned student
housing, a process for reporting violations and complaints of
liquor and illegal drug use.
(4) Each public institution shall have in place, distribute
to students, and vigorously enforce policies and procedures
for investigating complaints regarding liquor and illegal drug
use in college or university-owned student housing, including
the sanctions that may be applied for violations of the institution’s liquor and illegal drug use policies.
(5) Students who violate the institution’s liquor and illegal drug use policies are subject to disciplinary action. Sanctions that may be applied for violations of the institution’s
liquor or illegal drug use policies include warnings, restitution for property damage, probation, expulsion from college
or university-owned housing, and suspension from the institution.
(6) As used in this section:
(a) "Liquor" has the meaning in RCW 66.04.010; and
(b) "Illegal drug use" refers to the unlawful use of controlled substances under chapter 69.50 RCW or legend drugs
under chapter 69.41 RCW. [1996 c 17 § 2.]
Policy—1996 c 17: "The state makes a substantial investment of
finances and resources in students who are attending state institutions of
higher education. In exchange, students are expected to actively pursue their
education and contribute to an academic environment that is conducive to
learning. Students who abuse liquor and drugs, however, are unable to make
full use of this educational opportunity. More important, students who abuse
liquor and drugs create an environment that interferes with the ability of
other students to pursue their education. This is especially true in universityowned student housing where liquor and drug abuse contribute to noise, vandalism, theft, and violence. While the universities and colleges may not be
able to stop all liquor and drug abuse among student populations, the very
least they can do is ensure that the vast majority of students without drug or
liquor problems are provided with a living environment that is safe and conducive to the pursuit of higher education." [1996 c 17 § 1.]
28B.10.580 Term papers, theses, dissertations, sale of
prohibited—Legislative findings—Purpose. (1) The legislature finds that commercial operations selling term papers,
theses, and dissertations encourages academic dishonesty,
and in so doing impairs the public confidence in the credibility of institutions of higher education whether in this state or
any other to function within their prime mission, that of providing a quality education to the citizens of this or any other
state.
(2) The legislature further finds that this problem,
beyond the ability of these institutions to control effectively,
is a matter of state concern, while at the same time recognizing the need for and the existence of legitimate research functions.
It is the declared intent of RCW 28B.10.580 through
28B.10.584, therefore, that the state of Washington prohibit
the preparation for sale or commercial sale of term papers,
theses and dissertations: PROVIDED, That such legislation
shall not affect legitimate and proper research activities:
PROVIDED FURTHER, That such legislation does not
impinge on the rights, under the First Amendment, of free28B.10.580
[Title 28B RCW—page 31]
28B.10.582
Title 28B RCW: Higher Education
dom of speech, of the press, and of distributing information.
[1981 c 23 § 1; 1979 c 43 § 1.]
Severability—1981 c 23: "If any provision of this amendatory act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 23 § 3.]
Severability—1979 c 43: "If any provision of this act, or its application
to any person or circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not
affected." [1979 c 43 § 4.]
28B.10.582 Term papers, theses, dissertations, sale of
prohibited—Definitions. Unless the context clearly indicates otherwise, the words used in RCW 28B.10.580 through
28B.10.584 shall have the meaning given in this section:
(1) "Person" means any individual, partnership, corporation, or association.
(2) "Assignment" means any specific written, recorded,
pictorial, artistic, or other academic task, including but not
limited to term papers, theses, dissertations, essays, and
reports, that is intended for submission to any postsecondary
institution in fulfillment of the requirements of a degree,
diploma, certificate, or course of study at any such educational institution.
(3) "Prepare" means to create, write, or in any way produce in whole or substantial part a term paper, thesis, dissertation, essay, report, or other assignment for a monetary fee.
(4) "Postsecondary institution" means any university,
college, or other postsecondary educational institution.
[1981 c 23 § 2; 1979 c 43 § 2.]
28B.10.582
Severability—1981 c 23: See note following RCW 28B.10.580.
Severability—1979 c 43: See note following RCW 28B.10.580.
28B.10.584 Term papers, theses, dissertations, sale of
prohibited—Violations enumerated—Exempted acts—
Civil penalties—Injunctive relief. (1) No person shall prepare, offer to prepare, cause to be prepared, sell, or offer for
sale to any other person, including any student enrolled in a
postsecondary institution, any assignment knowing, or under
the circumstances having reason to know, that said assignment is intended for submission either in whole or substantial
part under a student’s name in fulfillment of the requirements
for a degree, diploma, certificate, or course of study at any
postsecondary institution.
(2) No person shall sell or offer for sale to any student
enrolled in a postsecondary institution any assistance in the
preparation, research or writing of an assignment knowing or
under the circumstances having reason to know, that said
assignment is intended for submission either in whole or substantial part under said student’s name to such educational
institution in fulfillment of the requirements for a degree,
diploma, certificate, or course of study.
(3) Nothing contained in this section shall prevent any
person from providing tutorial assistance, research material,
information, or other assistance to persons enrolled in a postsecondary institution which is not intended for submission in
whole or in substantial part as an assignment under the student’s name to such institution. Nor shall any person be prevented by this section from rendering services for a monetary
fee which includes typing, assembling, transcription, reproduction, or editing of a manuscript or other assignment:
28B.10.584
[Title 28B RCW—page 32]
PROVIDED, That such services are not rendered with the
intent of making substantive changes in a manuscript or other
assignment.
(4) Any person violating any provision of RCW
28B.10.580, 28B.10.582 or 28B.10.584 shall be subject to
civil penalties of not more than one thousand dollars for each
violation. Any court of competent jurisdiction is hereby
authorized to grant such further relief as is necessary to
enforce the provisions of this section, including the issuance
of an injunction.
(5) Any person against whom a judgment has been
entered pursuant to subsection (4) of this section, shall upon
any subsequent violation of RCW 28B.10.580, 28B.10.582
or 28B.10.584 be subject to civil penalties not to exceed ten
thousand dollars. Any court of competent jurisdiction is
hereby authorized to grant such further relief as is necessary
to enforce the provisions of this section, including the issuance of an injunction.
(6) Actions for injunction under the provisions of this
section may be brought in the name of the state of Washington upon the complaint of the attorney general or any prosecuting attorney in the name of the state of Washington. [1979
c 43 § 3.]
Severability—1979 c 43: See note following RCW 28B.10.580.
28B.10.590 Course materials—Cost savings. (1) The
boards of regents of the state universities, the boards of trustees of the regional universities and The Evergreen State College, and the boards of trustees of each community and technical college district, in collaboration with affiliated bookstores and student and faculty representatives, shall adopt
rules requiring that:
(a) Affiliated bookstores:
(i) Provide students the option of purchasing materials
that are unbundled when possible, disclose to faculty and
staff the costs to students of purchasing materials, and disclose publicly how new editions vary from previous editions;
(ii) Actively promote and publicize book buy-back programs; and
(iii) Disclose retail costs for course materials on a per
course basis to faculty and staff and make this information
publicly available; and
(b) Faculty and staff members consider the least costly
practices in assigning course materials, such as adopting the
least expensive edition available when educational content is
comparable as determined by the faculty and working closely
with publishers and local bookstores to create bundles and
packages if they deliver cost savings to students.
(2) As used in this section:
(a) "Materials" means any supplies or texts required or
recommended by faculty or staff for a given course.
(b) "Bundled" means a group of objects joined together
by packaging or required to be purchased as an indivisible
unit. [2007 c 457 § 1; 2006 c 81 § 2.]
28B.10.590
Findings—Intent—2006 c 81: "The legislature finds that:
(1) Often the bundling of texts, workbooks, CD-ROMs, and other
course related materials is unnecessary since many students do not use all of
the materials included and may realize cost savings if materials are also
offered independently one from the other; and
(2) Many faculty and staff select materials uninformed of the retail
costs and differences between versions.
It is the intent of the legislature to give students more choices for pur(2008 Ed.)
Colleges and Universities Generally
chasing educational materials and to encourage faculty and staff to work
closely with bookstores and publishers to implement the least costly option
without sacrificing educational content and to provide maximum cost savings to students." [2006 c 81 § 1.]
28B.10.592 College textbook information—Publishers’ duties. (1) Each publisher of college textbooks shall
make immediately available to faculty of institutions of
higher education:
(a) The price at which the publisher would make the
products available to the store run by or in a contractual relationship with the institution of higher education that would
offer the products to students; and
(b) The history of revisions for the products, if any.
(2) For the purposes of this section:
(a) "Immediately available" means with any marketing
materials presented to a member of the faculty.
(b) "Products" means all versions of a textbook or set of
textbooks, except custom textbooks or special editions of
textbooks, available in the subject area for which a faculty
member is teaching a course, including supplemental items,
both when sold together or separately from a textbook. [2007
c 186 § 1.]
28B.10.592
28B.10.600 District schools may be used for teacher
training by universities and The Evergreen State College—Authority. The boards of regents of the state universities are each authorized to enter into agreements with the
board of directors of any school district in this state whereby
one or more of the public schools operated by such district
may be used by the university for the purpose of training students at said university as teachers, supervisors, principals, or
superintendents. The boards of trustees of the regional universities and of The Evergreen State College are authorized
to enter into similar agreements for the purpose of training
students at their institutions as teachers, supervisors, or principals. [1977 ex.s. c 169 § 27; 1969 ex.s. c 223 § 28B.10.600.
Prior: 1949 c 182 § 1; Rem. Supp. 1949 § 4543-40. Formerly
RCW 28.76.350.]
28B.10.600
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Regional university model schools and training departments: RCW
28B.35.300 through 28B.35.315.
The Evergreen State College model schools and training departments: RCW
28B.40.300 through 28B.40.315.
28B.10.605 District schools may be used for teacher
training by universities and The Evergreen State College—Agreement for financing, organization, etc. The
financing and the method of organization and administration
of such a training program operated by agreement between a
state university board of regents or a regional university
board of trustees or The Evergreen State College board of
trustees, and the board of directors of any school district,
shall be determined by agreement between them. [1977 ex.s.
c 169 § 28; 1969 ex.s. c 223 § 28B.10.605. Prior: 1949 c 182
§ 2; Rem. Supp. 1949 § 4543-41. Formerly RCW 28.76.360.]
28B.10.605
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.10.618 Credit card marketing policies. (1)(a)
Subject to subsection (2) of this section, institutions of higher
28B.10.618
(2008 Ed.)
28B.10.625
education shall develop policies regarding the marketing or
merchandising of credit cards on institutional property to students, except as provided in newspapers, magazines, or similar publications or within any location of a financial services
business regularly doing business on the institution’s property.
(b) "Merchandising" means the offering of free merchandise or incentives to students as part of the credit card marketing effort.
(c) "Student" means any student enrolled for one or more
credit hours at an institution of higher education.
(2) Institutions of higher education shall each develop
official credit card marketing policies. The process of development of these policies must include consideration of student comments. The official credit card marketing policies
must, at a minimum, include consideration of and decisions
regarding:
(a) The registration of credit card marketers;
(b) Limitations on the times and locations of credit card
marketing; and
(c) Prohibitions on material inducements to complete a
credit card application unless the student has been provided
credit card debt education literature, which includes, but is
not limited to, brochures of written or electronic information.
(3)(a) The policies shall include the following elements:
A requirement for credit card marketers to inform students
about good credit management practices through programs
developed in concert with the institution of higher education;
and
(b) A requirement to make the official credit card marketing policy available to all students upon their request.
[2005 c 74 § 1.]
28B.10.620 Agreements for research work by private
nonprofit corporations at universities—Authority. The
boards of regents of the state universities are hereby empowered to enter into agreements with corporations organized
under *chapters 24.08, 24.16 or 24.20 RCW, whereby such
corporations may be permitted to conduct on university property devoted mainly to medical, educational or research activities, under such conditions as the boards of regents shall prescribe, any educational, hospital, research or related activity
which the boards of regents shall find will further the objects
of the university. [1969 ex.s. c 223 § 28B.10.620. Prior:
1949 c 152 § 1; Rem. Supp. 1949 § 4543-30. Formerly RCW
28.76.370.]
28B.10.620
*Reviser’s note: Chapters 24.08 and 24.16 RCW were repealed by
1967 c 235; but see chapter 24.03 RCW, the Washington nonprofit corporation act.
28B.10.625 Agreements for research work by private
nonprofit corporations at universities—Funds may be
expended in cooperative effort. The boards of regents of
the state universities may expend funds available to said
institutions in any cooperative effort with such corporations
which will further the objects of the particular university and
may permit any such corporation or corporations to use any
property of the university in carrying on said functions.
[1969 ex.s. c 223 § 28B.10.625. Prior: 1949 c 152 § 2; Rem.
Supp. 1949 § 4543-31. Formerly RCW 28.76.380.]
28B.10.625
[Title 28B RCW—page 33]
28B.10.640
Title 28B RCW: Higher Education
28B.10.640 Student associations to contract for certain purchases, concessions, printing, etc.—Procedure.
The associated students of the University of Washington, the
associated students of Washington State University, the student associations of the state community colleges and the student associations of the regional universities and of The
Evergreen State College shall contract for all purchases for
printing of athletic programs, athletic tickets, athletic press
brochures, yearbooks, magazines, newspapers, and letting of
concessions, exceeding one thousand dollars, notice of call
for bid on the same to be published in at least two newspapers
of general circulation in the county wherein the institution is
located two weeks prior to the award being made. The contract shall be awarded to the lowest responsible bidder, if the
price bid is fair and reasonable and not greater than the market value and price, and if the bid satisfactorily covers the
quality, design, performance, convenience and reliability of
service of the manufacturer and/or dealer. The aforesaid student associations may require such security as they deem
proper to accompany the bids submitted, and they shall also
fix the amount of the bond or other security that shall be furnished by the person to whom the contract is awarded. Such
student associations may reject any or all bids submitted, if
for any reason it is deemed for the best interest of their organizations to do so and readvertise in accordance with the provisions of this section. The student associations may reject
the bid of any person who has had a prior contract, and who
did not, in its opinion, faithfully comply with its terms: PROVIDED, That nothing in this section shall apply to printing
done or presses owned and operated by the associated students of the University of Washington, the associated students of Washington State University or the student associations of the regional universities or of The Evergreen State
College or community colleges, or to printing done on
presses owned or operated by their respective institutions.
[1977 ex.s. c 169 § 29; 1969 ex.s. c 223 § 28B.10.640. Prior:
1967 ex.s. c 8 § 50; 1957 c 212 § 1. Formerly RCW
28.76.390.]
28B.10.640
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.10.648 Employees—Peer review committees—
Members’ immunity—Proceedings—Statement of reasons—Legal representation of members. (1) Employees,
agents, or students of institutions of higher education serving
on peer review committees which recommend or decide on
appointment, reappointment, tenure, promotion, merit raises,
dismissal, or other disciplinary measures for employees of
the institution, are immune from civil actions for damages
arising from the good faith performance of their duties as
members of the committees. Individuals who provide written
or oral statements in support of or against a person reviewed
are also immune from civil actions if their statements are
made in good faith.
(2) Peer review proceedings shall be pursuant to rules
and regulations promulgated by the respective institutions of
higher education.
(3) Upon the request of an evaluated person, the appropriate administrative officer of the institution shall provide a
statement of the reasons of the peer review committees and of
participating administrative officers for a final unfavorable
28B.10.648
[Title 28B RCW—page 34]
decision on merit, promotion, tenure or reappointment. In the
case of a disciplinary or dismissal proceeding, a statement of
reasons shall be provided by the reviewing committee to the
evaluated person for any decision unfavorable to such person.
(4) The institutions of higher education shall provide
legal representation for any past or current members of the
peer review committee and for individuals who testify orally
or in writing in good faith before such committee in any legal
action which may arise from committee proceedings. [1984
c 137 § 1.]
Severability—1984 c 137: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1984 c 137 § 2.]
28B.10.650 Remunerated professional leaves for faculty members of institutions of higher education. It is the
intent of the legislature that when the state and regional universities, The Evergreen State College, and community colleges grant professional leaves to faculty and exempt staff,
such leaves be for the purpose of providing opportunities for
study, research, and creative activities for the enhancement of
the institution’s instructional and research programs.
The boards of regents of the state universities, the boards
of trustees of the regional universities and of The Evergreen
State College and the board of trustees of each community
college district may grant remunerated professional leaves to
faculty members and exempt staff, as defined in RCW
41.06.070, in accordance with regulations adopted by the
respective governing boards for periods not to exceed twelve
consecutive months in accordance with the following provisions:
(1) The remuneration from state general funds and general local funds for any such leave granted for any academic
year shall not exceed the average of the highest quartile of a
rank order of salaries of all full time teaching faculty holding
academic year contracts or appointments at the institution or
in the district.
(2) Remunerated professional leaves for a period of more
or less than an academic year shall be compensated at rates
not to exceed a proportional amount of the average salary as
otherwise calculated for the purposes of subsection (1) of this
section.
(3) The grant of any such professional leave shall be contingent upon a signed contractual agreement between the
respective governing board and the recipient providing that
the recipient shall return to the granting institution or district
following his or her completion of such leave and serve in a
professional status for a period commensurate with the
amount of leave so granted. Failure to comply with the provisions of such signed agreement shall constitute an obligation of the recipient to repay to the institution any remuneration received from the institution during the leave.
(4) The aggregate cost of remunerated professional
leaves awarded at the institution or district during any year,
including the cost of replacement personnel, shall not exceed
the cost of salaries which otherwise would have been paid to
personnel on leaves: PROVIDED, That for community college districts the aggregate cost shall not exceed one hundred
fifty percent of the cost of salaries which would have otherwise been paid to personnel on leaves: PROVIDED FUR28B.10.650
(2008 Ed.)
Colleges and Universities Generally
THER, That this subsection shall not apply to any community
college district with fewer than seventy-five full time faculty
members and granting fewer than three individuals such
leaves in any given year.
(5) The average number of annual remunerated professional leaves awarded at any such institution or district shall
not exceed four percent of the total number of full time equivalent faculty, as defined by the office of financial management, who are engaged in instruction, and exempt staff as
defined in RCW 41.06.070.
(6) Negotiated agreements made in accordance with
chapter 28B.52 RCW and entered into after July 1, 1977,
shall be in conformance with the provisions of this section.
(7) The respective institutions and districts shall maintain such information which will ensure compliance with the
provisions of this section. [2004 c 275 § 45; 1985 c 370 § 53;
1981 c 113 § 1; 1979 c 44 § 1; 1979 c 14 § 3. Prior: 1977
ex.s. c 173 § 1; 1977 ex.s. c 169 § 30; 1969 ex.s. c 223 §
28B.10.650; prior: 1959 c 155 § 1. Formerly RCW
28.76.400.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Effective date—1977 ex.s. c 173: "This act shall take effect on July 1,
1977." [1977 ex.s. c 173 § 4.]
Severability—1977 ex.s. c 173: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 173 § 3.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.10.660
28B.10.660 Insurance or protection authorized—
Premiums—Health benefits for graduate student appointees. (1) The governing boards of any of the state’s institutions of higher education may make available liability, life,
health, health care, accident, disability and salary protection
or insurance or any one of, or a combination of, the enumerated types of insurance, or any other type of insurance or protection, for the regents or trustees and students of the institution. Except as provided in subsection (2) of this section, the
premiums due on such protection or insurance shall be borne
by the assenting regents, trustees, or students. The regents or
trustees of any of the state institutions of higher education
may make liability insurance available for employees of the
institutions. The premiums due on such liability insurance
shall be borne by the university or college.
(2) A governing board of a public four-year institution of
higher education may make available, and pay the costs of,
health benefits for graduate students holding graduate service
appointments, designated as such by the institution. Such
health benefits may provide coverage for spouses and dependents of such graduate student appointees. [1993 sp.s. c 9 §
1; 1979 ex.s. c 88 § 1. Prior: 1973 1st ex.s. c 147 § 4; 1973
1st ex.s. c 9 § 2; 1971 ex.s. c 269 § 3; 1969 ex.s. c 237 § 4;
1969 ex.s. c 223 § 28B.10.660; prior: 1967 c 135 § 2, part;
1959 c 187 § 1, part. Formerly RCW 28.76.410, part.]
Effective date—Effect of veto—Savings—Severability—1973 1st
ex.s. c 147: See notes following RCW 41.05.050.
Seve ra bi li ty—1 971 e x.s. c 269 : Se e no te fo llo wing R CW
28A.400.350.
(2008 Ed.)
28B.10.685
28B.10.665 Liability insurance for officers and
employees authorized. See RCW 36.16.138.
28B.10.665
28B.10.679 Washington mathematics placement
test—Mathematics college readiness test. (1) By September 1, 2008, the state board for community and technical colleges, the council of presidents, the higher education coordinating board, and the office of the superintendent of public
instruction, under the leadership of the transition math project
and in collaboration with representatives of public two and
four-year institutions of higher education, shall jointly revise
the Washington mathematics placement test to serve as a
common college readiness test for all two and four-year institutions of higher education.
(2) The revised mathematics college readiness test shall
be implemented by all public two and four-year institutions
of higher education by September 1, 2009. All public two
and four-year institutions of higher education must use a
common performance standard on the mathematics placement test for purposes of determining college readiness in
mathematics. The performance standard must be publicized
to all high schools in the state. [2007 c 396 § 10.]
28B.10.679
Capt ion s n ot l aw— 200 7 c 396 : See no te fol lo win g R CW
28A.305.215.
Finding—Intent—2007 c 396: See note following RCW 28A.300.515.
28B.10.680 Precollege course work—Findings—
Intent. The legislature finds that some college students who
have recently graduated from high school must immediately
enroll in one or more precollege classes before they can proceed successfully through college. The legislature also finds
that these students should have received basic skills in
English, reading, spelling, grammar, and mathematics before
graduating from high school. It is the intent of the legislature
that colleges and universities provide information to school
districts about recent graduates who enroll in precollege
classes. It is also the intent of the legislature to encourage
institutions of higher education and the common schools to
work together to solve problems of common concern. [1995
c 310 § 1.]
28B.10.680
28B.10.682 Precollege course work—Adoption of
definitions. By June 30, 1996, in consultation with the commission on student learning, the superintendent of public
instruction, the state board of education, faculty, teachers
from institutions of higher education and high schools, and
others as appropriate, the higher education coordinating
board shall adopt common definitions of remedial and precollege material and course work. The definitions adopted by
the board shall be rigorous, challenging students to come to
college well prepared to engage in college and university
work, and shall be adopted by each institution of higher education as defined in RCW 28B.10.016. [1995 c 310 § 2.]
28B.10.682
28B.10.685 Precollege course work—Enrollment
information—Report. Beginning in 1997, by September
30th of each year, each state university, regional university,
state college, and, for community colleges and technical colleges, the state board for community and technical colleges
shall provide a report to the office of the superintendent of
28B.10.685
[Title 28B RCW—page 35]
28B.10.690
Title 28B RCW: Higher Education
public instruction, the state board of education, and the commission on student learning under *RCW 28A.630.885. The
report shall contain the following information on students
who, within three years of graduating from a Washington
high school, enrolled the prior year in a state-supported precollege level class at the institution: (1) The number of such
students enrolled in a precollege level class in mathematics,
reading, grammar, spelling, writing, or English; (2) the types
of precollege classes in which each student was enrolled; and
(3) the name of the Washington high school from which each
student graduated.
For students who enrolled in a precollege class within
three years of graduating from a Washington high school,
each institution of higher education shall also report to the
Washington high school from which the student graduated.
The annual report shall include information on the number of
students from that high school enrolled in precollege classes,
and the types of classes taken by the students. [1995 c 310 §
3.]
*Reviser’s note: RCW 28A.630.885 was recodified as RCW
28A.655.060 pursuant to 1999 c 388 § 607. RCW 28A.655.060 was subsequently repealed by 2004 c 19 § 206.
28B.10.690
28B.10.690 Graduation rate improvement—Findings. The legislature finds that, in public colleges and universities, improvement is needed in graduation rates and in the
length of time required for students to attain their educational
objectives. The legislature also finds that public colleges and
universities should offer classes in a way that will permit fulltime students to complete a degree or certificate program in
about the amount of time described in the institution’s catalog as necessary to complete that degree or certificate program. [1993 c 414 § 1.]
28B.10.691
28B.10.691 Graduation rate improvement—Strategic plans—Adoption of strategies. (1) By May 15, 1994,
each state institution of higher education, as part of its strategic plan, shall adopt strategies designed to shorten the time
required for students to complete a degree or certificate and
to improve the graduation rate for all students.
(2) Beginning with the fall 1995-96 academic term, each
institution of higher education as defined in RCW
28B.10.016 shall implement the strategies described in subsection (1) of this section. [1993 c 414 § 2.]
28B.10.693
28B.10.693 Graduation rate improvement—Student
progression understandings. Each institution of higher
education as defined in RCW 28B.10.016 may enter into a
student progression understanding with an interested student.
The terms of the understanding shall permit a student to
obtain a degree or certificate within the standard period of
time assumed for a full-time student pursuing that degree or
certificate. Usually, the standard amount of time will be
about two years for an associate of arts degree and about four
years for a baccalaureate degree. Student progression understandings shall not give rise to any cause of action on behalf
of any student as a result of the failure of any state institution
of higher education to fulfill its obligations under the student
progression understanding. [1993 c 414 § 4.]
[Title 28B RCW—page 36]
28B.10.695
28B.10.695 Timely completion of degree and certificate programs—Adoption of policies. (1) Each four-year
institution of higher education and the state board for community and technical colleges shall develop policies that
ensure undergraduate students enrolled in degree or certificate programs complete their programs in a timely manner in
order to make the most efficient use of instructional resources
and provide capacity within the institution for additional students.
(2) Policies adopted under this section shall address, but
not be limited to, undergraduate students in the following circumstances:
(a) Students who accumulate more than one hundred
twenty-five percent of the number of credits required to complete their respective baccalaureate or associate degree or
certificate programs;
(b) Students who drop more than twenty-five percent of
their course load before the grading period for the quarter or
semester, which prevents efficient use of instructional
resources; and
(c) Students who remain on academic probation for more
than one quarter or semester.
(3) Policies adopted under this section may include
assessment by the institution of a surcharge in addition to regular tuition and fees to be paid by a student for continued
enrollment. [2003 c 407 § 1.]
28B.10.700
28B.10.700 Physical education in curriculum. The
*state board for community college education, the boards of
trustees of the regional universities and of The Evergreen
State College, and the boards of regents of the state universities, with appreciation of the legislature’s desire to emphasize
physical education courses in their respective institutions,
shall provide for the same, being cognizant of legislative
guide lines put forth in RCW 28A.230.050 relating to physical education courses in high schools. [1977 ex.s. c 169 § 31;
1969 ex.s. c 223 § 28B.10.700. Prior: 1963 c 235 § 1, part;
prior: (i) 1923 c 78 § 1, part; 1919 c 89 § 2, part; RRS § 4683,
part. (ii) 1919 c 89 § 5, part; RRS § 4686, part. Formerly
RCW 28.05.040, part.]
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.10.703
28B.10.703 Programs for intercollegiate athletic
competition—Authorized. The governing boards of each of
the state universities, the regional universities, The Evergreen
State College, and community colleges in addition to their
other duties prescribed by law shall have the power and
authority to establish programs for intercollegiate athletic
competition. Such competition may include participation as a
member of an athletic conference or conferences, in accordance with conference rules. [1977 ex.s. c 169 § 32; 1971
ex.s. c 28 § 2.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
(2008 Ed.)
Colleges and Universities Generally
28B.10.704 Funds for assistance of student participants in intercollegiate activities or activities relating to
performing arts. Funds used for purposes of providing
scholarships or other forms of financial assistance to students
in return for participation in intercollegiate athletics in accordance with RCW 28B.10.703 shall include but not be limited
to moneys received as contributed or donated funds, or revenues derived from athletic events, including gate receipts and
revenues obtained from the licensing of radio and television
broadcasts.
Funds used for purposes of providing scholarships or
other forms of financial assistance to students in return for
participation in curriculum-related activities relating to performing arts shall include but not be limited to moneys
received as contributed or donated funds, or revenues derived
from performing arts events, including admission receipts
and revenues obtained from the licensing of radio and television broadcasts. [1979 ex.s. c 1 § 1; 1973 1st ex.s. c 46 § 9;
1971 ex.s. c 28 § 3.]
28B.10.704
Severability—1973 1st ex.s. c 46: "If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1973 1st ex.s. c 46 § 11.]
28B.10.710 Washington state or Pacific Northwest
history in curriculum. There shall be a one quarter or
semester course in either Washington state history and government, or Pacific Northwest history and government in the
curriculum of all teachers’ colleges and teachers’ courses in
all institutions of higher education. No person shall be graduated from any of said schools without completing said
course of study, unless otherwise determined by the Washington professional educator standards board. Any course in
Washington state or Pacific Northwest history and government used to fulfill this requirement shall include information
on the culture, history, and government of the American
Indian peoples who were the first human inhabitants of the
state and the region. [2006 c 263 § 823; 1993 c 77 § 1; 1969
ex.s. c 223 § 28B.10.710. Prior: 1967 c 64 § 1, part; 1963 c
31 § 1, part; 1961 c 47 § 2, part; 1941 c 203 § 1, part; Rem.
Supp. 1941 § 4898-3, part. Formerly RCW 28.05.050, part.]
28B.10.710
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28B.10.730 AIDS information—Four-year institutions. The governing board of each state four-year institution
of higher education shall make information available to all
newly matriculated students on methods of transmission of
the human immunodeficiency virus and prevention of
acquired immunodeficiency syndrome. The curricula and
materials shall be reviewed for medical accuracy by the
office on AIDS in coordination with the appropriate regional
AIDS service network. [1988 c 206 § 501.]
28B.10.730
Severability—1988 c 206: See RCW 70.24.900.
28B.10.776 Budget calculation—Enrollment levels—
Participation rate. It is the policy of the state of Washington
that the essential requirements level budget calculation for
institutions of higher education include enrollment levels
necessary to maintain, by educational sector, the participation
rate funded in the 1993 fiscal year. The participation rate
28B.10.776
(2008 Ed.)
28B.10.782
shall be based on the state’s estimated population ages seventeen and above by appropriate age groups. [1993 sp.s. c 15 §
2.]
Findings—1993 sp.s. c 15: "The legislature finds that the proportion of
the state budget dedicated to postsecondary educational programs has
decreased for two decades. At the same time, major technological, economic, and demographic changes have exacerbated the need for improved
training and education to maintain a high quality, competitive workforce,
and a well-educated populace to meet the challenges of the twenty-first century. Therefore, the legislature finds that there is increasing need for postsecondary educational opportunities for citizens of the state of Washington.
The legislature declares that the policy of the state of Washington shall
be to improve the access to, and the quality of, this state’s postsecondary
educational system. The budgetary policy of the state of Washington shall be
to provide a level of protection and commitment to the state’s postsecondary
educational system commensurate with the responsibility of this state to the
educational and professional improvement of its citizens and workforce."
[1993 sp.s. c 15 § 1.]
Effective date—1993 sp.s. c 15: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 sp.s. c 15 § 10.]
28B.10.778 Budget calculation—New enrollments—
Funding level—Inflation factor. It is the policy of the state
of Washington that, for new enrollments provided under
RCW 28B.10.776, the essential requirements level budget
calculation for those enrollments shall, each biennium, at a
minimum, include a funding level per full-time equivalent
student that is equal to the rate assumed in the omnibus
appropriations act for the last fiscal year of the previous biennium for the instructional, primary support, and library programs, plus an inflation factor. The inflation factor should be
equivalent to the inflation factor used to calculate basic education in the common school system budget request submitted by the governor. [1993 sp.s. c 15 § 3.]
28B.10.778
Findings—Effective date—1993 sp.s. c 15: See notes following RCW
28B.10.776.
28B.10.780 Budget calculation—Funding level. It is
the policy of the state of Washington that the essential
requirements level budget calculation for state institutions of
higher education include a funding level per full-time equivalent student that is, each biennium, at a minimum, equal to
the general fund— state and tuition fund rate per student
assumed in the omnibus appropriations act for the last fiscal
year of the previous biennium for the state-funded programs,
minus one-time expenditures and plus an inflation factor. The
inflation factor should be equivalent to the inflation factor
used to calculate basic education in the common school system budget request submitted by the governor. [1993 sp.s. c
15 § 4.]
28B.10.780
Findings—Effective date—1993 sp.s. c 15: See notes following RCW
28B.10.776.
28B.10.782 Budget calculation—Increased enrollment target level—Availability of information. It is the
policy of the state of Washington that higher education
enrollments be increased in increments each biennium in
order to achieve, by the year 2010, the goals, by educational
sector, adopted by the higher education coordinating board in
its enrollment plan entitled "Design for the 21st Century:
Expanding Higher Education Opportunities in Washington,"
or subsequent revisions adopted by the board.
28B.10.782
[Title 28B RCW—page 37]
28B.10.784
Title 28B RCW: Higher Education
Per student costs for additional students to achieve this
policy shall be at the same rate per student as enrollments
mandated in RCW 28B.10.776.
For each public college and university, and for the community and technical college system, budget documents generated by the governor and the legislature in the development
and consideration of the biennial omnibus appropriations act
shall display an enrollment target level. The enrollment target
level is the biennial state-funded enrollment increase necessary to fulfill the state policy set forth in this section. The
budget documents shall compare the enrollment target level
with the state-funded enrollment increases contained in the
biennial budget proposals of the governor and each house of
the legislature. The information required by this section shall
be set forth in the budget documents so that enrollment and
cost information concerning the number of students and additional funds needed to reach the enrollment goals are prominently displayed and easily understood.
For the governor’s budget request, the information
required by this section shall be made available in the document entitled "Operating Budget Supporting Data" or its successor document. [1993 sp.s. c 15 § 5.]
Findings—Effective date—1993 sp.s. c 15: See notes following RCW
28B.10.776.
28B.10.784 Budget calculation—Participation rate
and enrollment level estimates—Recommendations to
governor and legislature. The participation rate used to calculate enrollment levels under RCW 28B.10.776 and
28B.10.782 shall be based on fall enrollment reported in the
higher education enrollment report as maintained by the
office of financial management, fall enrollment as reported in
the management information system of the state board for
community and technical colleges, and the corresponding fall
population forecast by the office of financial management.
Formal estimates of the state participation rates and enrollment levels necessary to fulfill the requirements of RCW
28B.10.776 and 28B.10.782 shall be determined by the office
of financial management as part of its responsibility to
develop and maintain student enrollment forecasts for colleges and universities under RCW 43.62.050. Formal estimates of the state participation rates and enrollment levels
required by this section shall be based on procedures and
standards established by a technical work group consisting of
staff from the higher education coordinating board, the public
four-year institutions of higher education, the state board for
community and technical colleges, the fiscal and higher education committees of the house of representatives and the
senate, and the office of financial management. Formal estimates of the state participation rates and enrollment levels
required by this section shall be submitted to the fiscal committees of the house of representatives and senate on or
before November 15th of each even-numbered year. The
higher education coordinating board shall periodically
review the enrollment goals set forth in RCW 28B.10.776
and 28B.10.782 and submit recommendations concerning
modification of these goals to the governor and to the higher
education committees of the house of representatives and the
senate. [1993 sp.s. c 15 § 6.]
28B.10.784
Findings—Effective date—1993 sp.s. c 15: See notes following RCW
28B.10.776.
[Title 28B RCW—page 38]
28B.10.786
28B.10.786 Budget calculation—Student financial
aid programs. It is the policy of the state of Washington that
financial need not be a barrier to participation in higher education. It is also the policy of the state of Washington that the
essential requirements level budget calculation include funding for state student financial aid programs. The calculation
should, at a minimum, include a funding level equal to the
amount provided in the second year of the previous biennium
in the omnibus appropriations act, adjusted for the percentage
of needy resident students, by educational sector, likely to be
included in any enrollment increases necessary to maintain,
by educational sector, the participation rate funded in the
1993 fiscal year. The calculation should also be adjusted to
reflect, by educational sector, any increases in cost of attendance. The cost of attendance figures should be calculated by
the higher education coordinating board and provided to the
office of financial management and appropriate legislative
committees by June 30th of each even-numbered year. [1993
sp.s. c 15 § 7.]
Findings—Effective date—1993 sp.s. c 15: See notes following RCW
28B.10.776.
28B.10.790
28B.10.790 State student financial aid program—
Certain residents attending college or university in
another state, applicability to—Authorization. Washington residents attending any nonprofit college or university in
another state which has a reciprocity agreement with the state
of Washington shall be eligible for the student financial aid
program outlined in chapter 28B.92 RCW if (1) they qualify
as a "needy student" under RCW 28B.92.030(3), and (2) the
institution attended is a member institution of an accrediting
association recognized by rule of the higher education coordinating board for the purposes of this section and is specifically encompassed within or directly affected by such reciprocity agreement and agrees to and complies with program
rules and regulations pertaining to such students and institutions adopted pursuant to RCW 28B.92.150. [2004 c 275 §
44; 1985 c 370 § 54; 1980 c 13 § 1.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Severability—1980 c 13: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1980 c 13 § 3.]
28B.10.792
28B.10.792 State student financial aid program—
Certain residents attending college or university in
another state, applicability to—Guidelines. The higher
education coordinating board shall develop guidelines for
determining the conditions under which an institution can be
determined to be directly affected by a reciprocity agreement
for the purposes of RCW 28B.10.790: PROVIDED, That no
institution shall be determined to be directly affected unless
students from the county in which the institution is located
are provided, pursuant to a reciprocity agreement, access to
Washington institutions at resident tuition and fee rates to the
extent authorized by Washington law. [1985 c 370 § 55;
1980 c 13 § 2.]
Severability—1980 c 13: See note following RCW 28B.10.790.
(2008 Ed.)
Colleges and Universities Generally
28B.10.825 Institutional student loan fund for needy
students. The board of trustees or regents of each of the
state’s colleges or universities may allocate from services and
activities fees an amount not to exceed one dollar per quarter
or one dollar and fifty cents per semester to an institutional
student loan fund for needy students, to be administered by
such rules or regulations as the board of trustees or regents
may adopt: PROVIDED, That loans from such funds shall
not be made for terms exceeding twelve months, and the true
annual rate of interest charged shall be six percent. [1971
ex.s. c 279 § 4.]
28B.10.825
Severability—1971 ex.s. c 279: See note following RCW 28B.15.005.
Colleges and universities defined: RCW 28B.15.005.
28B.10.840 Definitions for purposes of RCW
28B.10.840 through 28B.10.844. The term "institution of
higher education" whenever used in RCW 28B.10.840
through 28B.10.844, shall be held and construed to mean any
public institution of higher education in Washington. The
term "edu cational bo ard" whenever us ed in R CW
28B.10.840 through 28B.10.844, shall be held and construed
to mean the *state board for community college education
and the higher education coordinating board. [1985 c 370 §
57; 1975 1st ex.s. c 132 § 17; 1972 ex.s. c 23 § 1.]
28B.10.840
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Effective date—Severability—1975 1st ex.s. c 132: See notes following RCW 28B.76.110.
28B.10.842 Actions against regents, trustees, officers,
employees, or agents of institutions of higher education or
educational boards—Defense—Costs—Payment of obligations from liability account. Whenever any action, claim,
or proceeding is instituted against any regent, trustee, officer,
employee, or agent of an institution of higher education or
member of the governing body, officer, employee, or agent of
an educational board arising out of the performance or failure
of performance of duties for, or employment with such institution or educational board, the board of regents or board of
trustees of the institution or governing body of the educational board may grant a request by such person that the attorney general be authorized to defend said claim, suit, or proceeding, and the costs of defense of such action shall be paid
as provided in RCW 4.92.130. If a majority of the members
of a board of regents or trustees or educational board is or
would be personally affected by such findings and determination, or is otherwise unable to reach any decision on the matter, the attorney general is authorized to grant a request.
When a request for defense has been authorized, then any
obligation for payment arising from such action, claim, or
proceedings shall be paid from the liability account, notwithstanding the nature of the claim, pursuant to the provisions of
*RCW 4.92.130 through 4.92.170, as now or hereafter
amended: PROVIDED, That this section shall not apply
unless the authorizing body has made a finding and determination by resolution that such regent, trustee, member of the
educational board, officer, employee, or agent was acting in
good faith. [1999 c 163 § 7; 1975 c 40 § 4; 1972 ex.s. c 23 §
2.]
28B.10.842
(2008 Ed.)
28B.10.851
*Reviser’s note: RCW 4.92.140 and 4.92.170 were repealed by 1989 c
419 § 18, effective July 1, 1989.
Effective date—1999 c 163: See note following RCW 4.92.130.
Liability coverage of university personnel and students: RCW 28B.20.250
through 28B.20.255.
28B.10.844 Regents, trustees, officers, employees or
agents of institutions of higher education or educational
boards, insurance to protect and hold personally harmless. The board of regents and the board of trustees of each of
the state’s institutions of higher education and governing
body of an educational board are authorized to purchase
insurance to protect and hold personally harmless any regent,
trustee, officer, employee or agent of their respective institution, any member of an educational board, its officers,
employees or agents, from any action, claim or proceeding
instituted against him arising out of the performance or failure of performance of duties for or employment with such
institution or educational board and to hold him harmless
from any expenses connected with the defense, settlement or
monetary judgments from such actions. [1972 ex.s. c 23 § 3.]
28B.10.844
Liability coverage of university personnel and students: RCW 28B.20.250
through 28B.20.255.
28B.10.850 Capital improvements, bonds for—
Authorized—Form, terms, conditions, sale, signatures.
For the purpose of providing needed capital improvements
consisting of the acquisition, construction, remodeling, furnishing and equipping of state buildings and facilities for the
institutions of higher education, the state finance committee
is authorized to issue general obligation bonds of the state of
Washington in the sum of thirty million two hundred thousand dollars or so much thereof as shall be required to finance
the capital projects relating to the institutions of higher education as set forth in the capital appropriations act, chapter
114, Laws of 1973 1st ex. sess., to be paid and discharged
within thirty years of the date of issuance in accordance with
Article VIII, section 1 of the Constitution of the state of
Washington.
The state finance committee is authorized to prescribe
the form of such bonds, and the time of sale of all or any portion or portions of such bonds, and the conditions of sale and
issuance thereof.
The bonds shall pledge the full faith and credit of the
state of Washington and contain an unconditional promise to
pay the principal and interest when due. The committee may
provide that the bonds, or any of them, may be called prior to
the due date thereof under such terms and conditions as it
may determine. The state finance committee may authorize
the use of facsimile signatures in the issuance of the bonds.
[1985 ex.s. c 4 § 13; 1973 1st ex.s. c 135 § 1.]
28B.10.850
Severability—1985 ex.s. c 4: See RCW 43.99G.900.
Severability—1973 1st ex.s. c 135: "If any provision of this 1973 act,
or its application to any person or circumstance is held invalid, the remainder
of the act, or the application of the provision to other persons or circumstances is not affected." [1973 1st ex.s. c 135 § 7.]
28B.10.851 Capital improvements, bonds for—
Account created, purpose. The proceeds from the sale of
the bonds authorized herein, together with all grants, donations, transferred funds and all other moneys which the state
28B.10.851
[Title 28B RCW—page 39]
28B.10.852
Title 28B RCW: Higher Education
finance committee may direct the state treasurer to deposit
therein shall be deposited in the state higher education construction account hereby created in the state treasury. [1991
sp.s. c 13 § 45; 1985 c 57 § 11; 1973 1st ex.s. c 135 § 2.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1973 1st ex.s. c 135: See note following RCW
28B.10.850.
28B.10.852 Capital improvements, bonds for—Bond
anticipation notes, purpose. At the time the state finance
committee determines to issue such bonds or a portion
thereof, it may, pending the issuing of such bonds, issue, in
the name of the state, temporary notes in anticipation of the
money to be derived from the sale of the bonds, which notes
shall be designated as "bond anticipation notes". Such portion
of the proceeds of the sale of such bonds that may be required
for such purpose shall be applied to the payment of the principal of and interest on such anticipation notes which have
been issued. The proceeds from the sale of bonds or notes
authorized by RCW 28B.10.850 through 28B.10.855 shall be
deposited in the state higher education construction account
in the state treasury and shall be used exclusively for the purposes specified in RCW 28B.10.850 through 28B.10.855 and
for the payment of expenses incurred in the issuance and sale
of the bonds. [1985 c 57 § 12; 1973 1st ex.s. c 135 § 3.]
Severability—1973 1st ex.s. c 135: See note following RCW
28B.10.850.
28B.10.855 Capital improvements, bonds for—As
legal investment for state and municipal funds. The bonds
herein authorized shall be a legal investment for all state
funds or for funds under state control and all funds of municipal corporations. [1973 1st ex.s. c 135 § 6.]
28B.10.855
Severability—1973 1st ex.s. c 135: See note following RCW
28B.10.850.
28B.10.852
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1973 1st ex.s. c 135: See note following RCW
28B.10.850.
28B.10.853 Capital improvements, bonds for—Bond
redemption fund created, purpose—Compelling transfer
of funds to. The state higher education bond redemption
fund of 1973 is hereby created in the state treasury, which
fund shall be exclusively devoted to the payment of interest
on and retirement of the bonds authorized by RCW
28B.10.850 through 28B.10.855. The state finance committee shall, on or before June 30th of each year, certify to the
state treasurer the amount needed in the ensuing twelve
months to meet bond retirement and interest requirements,
and on July 1st of each year the state treasurer shall deposit
such amount in the state higher education bond redemption
fund of 1973 from any general state revenues received in the
state treasury and certified by the state treasurer to be general
state revenues.
The owner and holder of each of the bonds or the trustee
for any of the bonds may by mandamus or other appropriate
proceeding require and compel the transfer and payment of
funds as directed herein. [1973 1st ex.s. c 135 § 4.]
28B.10.863 Distinguished professorship program—
Solicitation and receipt of gifts—Investment of endowed
funds—Report to the legislature.
28B.10.863
Reviser’s note: RCW 28B.10.863 was amended by 1987 c 505 § 11
without reference to its repeal by 1987 c 8 § 10. It has been decodified for
publication purposes pursuant to RCW 1.12.025.
28B.10.878 G. Robert Ross distinguished faculty
award. The G. Robert Ross distinguished faculty award is
hereby established. The board of trustees at Western Washington University shall establish the guidelines for the selection of the recipients of the G. Robert Ross distinguished faculty award. The board shall establish a local endowment fund
for the deposit of all state funds appropriated for this purpose
and any private donations. The board shall administer the
endowment fund and the award. The principal of the invested
endowment fund shall not be invaded and the proceeds from
the endowment fund may be used to supplement the salary of
the holder of the award, to pay salaries of his or her assistants,
and to pay expenses associated with the holder’s scholarly
work. [1988 c 125 § 2.]
28B.10.878
28B.10.853
Severability—1973 1st ex.s. c 135: See note following RCW
28B.10.850.
28B.10.854 Capital improvements, bonds for—Legislature may provide additional means of revenue. The
legislature may provide additional means for raising moneys
for the payment of the interest and principal of the bonds
authorized herein and RCW 28B.10.850 through 28B.10.855
shall not be deemed to provide an exclusive method for such
payment. [1973 1st ex.s. c 135 § 5.]
28B.10.854
[Title 28B RCW—page 40]
Finding—1988 c 125 § 2: "The legislature finds that G. Robert Ross,
immediate past president of Western Washington University, was an exemplary university president who helped lead his school to a position of increasing excellence and national prominence. Dr. Ross was a convincing spokesperson for excellence in all areas of education and was a leader who strongly
encouraged the faculty and staff at Western Washington University to be
actively involved in the pursuit of scholarly activities.
The legislature wishes to honor the public spirit, dedication, integrity,
perseverance, inspiration, and accomplishments of Western Washington
University faculty through the creation of the G. Robert Ross Distinguished
Faculty Award." [1988 c 125 § 1.]
Severability—1988 c 125: See RCW 28B.106.902.
28B.10.890 Collegiate license plate fund—Scholarships. A collegiate license plate fund is established in the
custody of the state treasurer for each college or university
with a collegiate license plate program approved by the
department [of licensing] under RCW 46.16.324. All receipts
from collegiate license plates authorized under *RCW
46.16.301 shall be deposited in the appropriate local college
or university nonappropriated, nonallotted fund. Expenditures from the funds may be used only for student scholarships. Only the president of the college or university or the
president’s designee may authorize expenditures from the
fund. [1994 c 194 § 7.]
28B.10.890
*Reviser’s note: RCW 46.16.301 was amended by 1997 c 291 § 5,
deleting authorization for collegiate license plates. For collegiate license
plates, see RCW 46.16.313.
28B.10.900 "Hazing" defined. As used in RCW
28B.10.901 and 28B.10.902, "hazing" includes any method
28B.10.900
(2008 Ed.)
Colleges and Universities Generally
of initiation into a student organization or living group, or
any pastime or amusement engaged in with respect to such an
organization or living group that causes, or is likely to cause,
bodily danger or physical harm, or serious mental or emotional harm, to any student or other person attending a public
or private institution of higher education or other postsecondary educational institution in this state. "Hazing" does not
include customary athletic events or other similar contests or
competitions. [1993 c 514 § 1.]
28B.10.901 Hazing prohibited—Penalty. (1) No student, or other person in attendance at any public or private
institution of higher education, or any other postsecondary
educational institution, may conspire to engage in hazing or
participate in hazing of another.
(2) A violation of this section is a misdemeanor, punishable as provided under RCW 9A.20.021.
(3) Any organization, association, or student living
group that knowingly permits hazing is strictly liable for
harm caused to persons or property resulting from hazing. If
the organization, association, or student living group is a corporation whether for profit or nonprofit, the individual directors of the corporation may be held individually liable for
damages. [1993 c 514 § 2.]
28B.10.901
28B.10.902 Participating in or permitting hazing—
Loss of state-funded grants or awards—Loss of official
recognition or control—Rules. (1) A person who participates in the hazing of another shall forfeit any entitlement to
state-funded grants, scholarships, or awards for a period of
time determined by the institution of higher education.
(2) Any organization, association, or student living
group that knowingly permits hazing to be conducted by its
members or by others subject to its direction or control shall
be deprived of any official recognition or approval granted by
a public institution of higher education.
(3) The public institutions of higher education shall
adopt rules to implement this section. [1993 c 514 § 3.]
28B.10.902
28B.10.903 Conduct associated with initiation into
group or pastime or amusement with group—Sanctions
adopted by rule. Institutions of higher education shall adopt
rules providing sanctions for conduct associated with initiation into a student organization or living group, or any pastime or amusement engaged in with respect to an organization or living group not amounting to a violation of RCW
28B.10.900. Conduct covered by this section may include
embarrassment, ridicule, sleep deprivation, verbal abuse, or
personal humiliation. [1993 c 514 § 4.]
28B.10.903
28B.10.910 Students with disabilities—Core services.
Each student with one or more disabilities is entitled to
receive a core service only if the service is reasonably needed
to accommodate the student’s disabilities. The requesting
student shall make a reasonable request for core services in a
timely manner and the institution of higher education or
agency providing the service shall respond reasonably and in
a timely manner. [1994 c 105 § 2.]
28B.10.910
Intent—1994 c 105: "It is a fundamental aspiration of the people of
Washington that individuals be afforded the opportunity to compete academically. Accordingly, it is an appropriate act of state government, in further(2008 Ed.)
28B.10.912
ance of this aspiration, to make available appropriate support services to
those individuals who are able to attend college by virtue of their potential
and desire, but whose educational progress and success is hampered by a
lack of accommodation.
Furthermore, under existing federal and state laws, institutions of
higher education are obligated to provide services to students with disabilities. The legislature does not intend to confer any new or expanded rights,
however, the intent of this act is to provide a clearer, more succinct statement
of those rights than is presently available and put Washington on record as
supporting those rights.
It is the intent of the legislature that these services be provided within
the bounds of the law. Therefore, the institution of higher education’s obligations to provide reasonable accommodations are limited by the defenses
provided in federal and state statutes, such as undue financial burden and
undue hardship." [1994 c 105 § 1.]
28B.10.912 Students with disabilities—Core services
described—Notice of nondiscrimination. Each institution
of higher education shall ensure that students with disabilities
are reasonably accommodated within that institution. The
institution of higher education shall provide students with
disabilities with the appropriate core service or services necessary to ensure equal access.
Core services shall include, but not be limited to:
(1) Flexible procedures in the admissions process that
use a holistic review of the student’s potential, including
appropriate consideration in statewide and institutional alternative admissions programs;
(2) Early registration or priority registration;
(3) Sign language, oral and tactile interpreter services, or
other technological alternatives;
(4) Textbooks and other educational materials in alternative media, including, but not limited to, large print, braille,
electronic format, and audio tape;
(5) Provision of readers, notetakers, scribes, and proofreaders including recruitment, training, and coordination;
(6) Ongoing review and coordination of efforts to
improve campus accessibility, including but not limited to,
all aspects of barrier-free design, signage, high-contrast identification of hazards of mobility barriers, maintenance of
access during construction, snow and ice clearance, and adequate disability parking for all facilities;
(7) Facilitation of physical access including, but not limited to, relocating of classes, activities, and services to accessible facilities and orientation if route of travel needs change,
such as at the beginning of a quarter or semester;
(8) Access to adaptive equipment including, but not limited to, TDDs, FM communicators, closed caption devices,
amplified telephone receivers, closed circuit televisions, lowvision reading aids, player/recorders for 15/16 4-track tapes,
photocopy machines able to use eleven-by-seventeen inch
paper, brailling devices, and computer enhancements;
(9) Referral to appropriate on-campus and off-campus
resources, services, and agencies;
(10) Release of syllabi, study guides, and other appropriate instructor-produced materials in advance of general distribution, and access beyond the regular classroom session to
slides, films, overheads and other media and taping of lectures;
(11) Accessibility for students with disabilities to tutoring, mentoring, peer counseling, and academic advising that
are available on campus;
(12) Flexibility in test taking arrangements;
28B.10.912
[Title 28B RCW—page 41]
28B.10.914
Title 28B RCW: Higher Education
(13) Referral to the appropriate entity for diagnostic
assessment and documentation of the disability;
(14) Flexibility in timelines for completion of courses,
certification, and degree requirements;
(15) Flexibility in credits required to be taken to satisfy
institutional eligibility for financial aid; and
(16) Notification of the institution of higher education’s
policy of nondiscrimination on the basis of disability and of
steps the student may take if he or she believes discrimination
has taken place. This notice shall be included in all formal
correspondence that communicates decisions or policies
adversely affecting the student’s status or rights with the
institution of higher education. This notice shall include the
phone numbers of the United States department of education,
the United States office of civil rights, and the Washington
state human rights commission. [1994 c 105 § 3.]
Intent—1994 c 105: See note following RCW 28B.10.910.
28B.10.914 Students with disabilities—Accommodation. Reasonable accommodation for students with disabilities shall be provided as appropriate for all aspects of college
and university life, including but not limited to: Recruitment,
the application process, enrollment, registration, financial
aid, course work, research, academic counseling, housing
programs owned or operated by the institution of higher education, and nonacademic programs and services. [1994 c 105
§ 4.]
28B.10.914
Intent—1994 c 105: See note following RCW 28B.10.910.
28B.10.916 Supplemental instructional materials for
students with print access disability. (1) An individual,
firm, partnership or corporation that publishes or manufactures instructional materials for students attending any public
or private institution of higher education in the state of Washington shall provide to the public or private institution of
higher education, for use by students attending the institution,
any instructional material in an electronic format mutually
agreed upon by the publisher or manufacturer and the public
or private institution of higher education. Computer files or
electronic versions of printed instructional materials shall be
provided; video materials must be captioned or accompanied
by transcriptions of spoken text; and audio materials must be
accompanied by transcriptions. These supplemental materials shall be provided to the public or private institution of
higher education at no additional cost and in a timely manner,
upon receipt of a written request as provided in subsection (2)
of this section.
(2) A written request for supplemental materials must:
(a) Certify that a student with a print access disability
attending or registered to attend a public or participating private institution of higher education has purchased the instructional material or the public or private institution of higher
education has purchased the instructional material for use by
a student with a print access disability;
(b) Certify that the student has a print access disability
that substantially prevents him or her from using standard
instructional materials;
(c) Certify that the instructional material is for use by the
student in connection with a course in which he or she is reg28B.10.916
[Title 28B RCW—page 42]
istered or enrolled at the public or private institution of higher
education; and
(d) Be signed by the coordinator of services for students
with disabilities at the public or private institution of higher
education or by the college or campus official responsible for
monitoring compliance with the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) at the public or private
institution of higher education.
(3) An individual, firm, partnership or corporation specified in subsection (1) of this section may also require that, in
addition to the requirements in subsection (2) of this section,
the request include a statement signed by the student agreeing
to both of the following:
(a) He or she will use the instructional material provided
in specialized format solely for his or her own educational
purposes; and
(b) He or she will not copy or duplicate the instructional
material provided in specialized format for use by others.
(4) If a public or private institution of higher education
provides a student with the specialized format version of an
instructional material, the media must be copy-protected or
the public or private institution of higher education shall take
other reasonable precautions to ensure that students do not
copy or distribute specialized format versions of instructional
materials in violation of the Copyright Revisions Act of
1976, as amended (17 U.S.C. Sec. 101 et seq.).
(5) For purposes of this section:
(a) "Instructional material or materials" means textbooks
and other materials that are required or essential to a student’s
success in a postsecondary course of study in which a student
with a disability is enrolled. The determination of which
materials are "required or essential to student success" shall
be made by the instructor of the course in consultation with
the official making the request in accordance with guidelines
issued pursuant to subsection (9) of this section. The term
specifically includes both textual and nontextual information.
(b) "Print access disability" means a condition in which
a person’s independent reading of, reading comprehension
of, or visual access to materials is limited or reduced due to a
sensory, neurological, cognitive, physical, psychiatric, or
other disability recognized by state or federal law. The term
is applicable, but not limited to, persons who are blind, have
low vision, or have reading disorders or physical disabilities.
(c) "Structural integrity" means all instructional material,
including but not limited to the text of the material, sidebars,
the table of contents, chapter headings and subheadings, footnotes, indexes, glossaries, graphs, charts, illustrations, pictures, equations, formulas, and bibliographies. Structural
order of material shall be maintained. Structural elements,
such as headings, lists, and tables must be identified using
current markup and tools. If good faith efforts fail to produce
an agreement between the publisher or manufacturer and the
public or private institution of higher education, as to an electronic format that will preserve the structural integrity of
instructional materials, the publisher or manufacturer shall
provide the instructional material in a verified and valid
HTML format and shall preserve as much of the structural
integrity of the instructional materials as possible.
(d) "Specialized format" means Braille, audio, or digital
text that is exclusively for use by blind or other persons with
print access disabilities.
(2008 Ed.)
Colleges and Universities Generally
(6) Nothing in this section is to be construed to prohibit
a public or private institution of higher education from assisting a student with a print access disability through the use of
an electronic version of instructional material gained through
this section or by transcribing or translating or arranging for
the transcription or translation of the instructional material
into specialized formats that provide persons with print
access disabilities the ability to have increased independent
access to instructional materials. If such specialized format is
made, the public or private institution of higher education
may share the specialized format version of the instructional
material with other students with print access disabilities for
whom the public or private institution of higher education is
authorized to request electronic versions of instructional
material. The addition of captioning to video material by a
Washington public or private institution of higher education
does not constitute an infringement of copyright.
(7) A specialized format version of instructional materials developed at one public or private institution of higher
education in Washington state may be shared for use by a student at another public or private institution of higher education in Washington state for whom the latter public or private
institution of higher education is authorized to request electronic versions of instructional material.
(8) Nothing in this section shall be deemed to authorize
any use of instructional materials that would constitute an
infringement of copyright under the Copyright Revision Act
of 1976, as amended (17 U.S.C. Sec. 101 et seq.).
(9) The governing boards of public and participating private institutions of higher education in Washington state shall
each adopt guidelines consistent with this section for its
implementation and administration. At a minimum, the
guidelines shall address all of the following:
(a) The designation of materials deemed "required or
essential to student success";
(b) The determination of the availability of technology
for the conversion of materials pursuant to subsection (4) of
this section and the conversion of mathematics and science
materials pursuant to subsection (5)(c) of this section;
(c) The procedures and standards relating to distribution
of files and materials pursuant to this section;
(d) The guidelines shall include procedures for granting
exceptions when it is determined that an individual, firm,
partnership or corporation that publishes or manufactures
instructional materials is not technically able to comply with
the requirements of this section; and
(e) Other matters as are deemed necessary or appropriate
to carry out the purposes of this section.
(10) A violation of this chapter constitutes an unfair
practice under chapter 49.60 RCW, the law against discrimination. All rights and remedies under chapter 49.60 RCW,
including the right to file a complaint with the human rights
commission and to bring a civil action, apply. [2004 c 46 §
1.]
28B.10.918 Disability history month—Activities.
Annually, during the month of October, each of the public
institutions of higher education shall conduct or promote educational activities that provide instruction, awareness, and
understanding of disability history and people with disabili28B.10.918
(2008 Ed.)
28B.10.921
ties. The activities may include, but not be limited to, guest
speaker presentations. [2008 c 167 § 4.]
28B.10.920 Performance agreements—Generally.
(1) As used in this section and RCW 28B.10.921 and
28B.10.922, a performance agreement is an agreement
reached between the state and the governing board of an institution of higher education and approved by the legislature
using the process provided in RCW 28B.10.922.
(2) The purpose of a performance agreement is to
develop and communicate a six-year plan developed jointly
by state policymakers and an institution of higher education
that aligns goals, priorities, desired outcomes, flexibility,
institutional mission, accountability, and levels of resources.
(3) Beginning in 2008, performance agreements shall be
pilot-tested with the public four-year institutions of higher
education. [2008 c 160 § 2.]
28B.10.920
Findings—Intent—2008 c 160: "(1) The legislature finds that in the
last ten years, significant progress has been made to identify and monitor
accountability and performance measures in higher education, both internally in institutions and externally in the legislative and state policymaking
environment.
(2) However, the legislature further finds that opportunities exist to
promote greater visibility of performance measures among policymakers and
among the public consumers of higher education. Policy decisions, including decisions about resource allocation, should be made with greater knowledge and a shared understanding about the tradeoffs between resources, flexibility, and desired outcomes. A forum should be created to allow discussion
among policymakers and institution leaders about setting outcome-oriented
priorities, targeting of investments, linking operating and capital planning,
and creating a longer-term view than the biennial budget cycle typically permits.
(3) Therefore, the legislature intends to implement a process for such
discussions, agreements, and planning to occur. The process of crafting
higher education performance agreements will be pilot-tested over a six-year
period with the public four-year institutions of higher education beginning in
2008." [2008 c 160 § 1.]
28B.10.921 Performance agreements—Contents. (1)
Performance agreements shall address but not be limited to
the following issues:
(a) Indicators that measure outcomes concerning cost,
quality, timeliness of student progress toward degrees and
certifications, and articulation between and within the K-12
and higher education systems;
(b) Benchmarks and goals for long-term degree production, including discrete benchmarks and goals in particular
fields of study;
(c) The level of resources necessary to meet the performance outcomes, benchmarks, and goals, subject to legislative appropriation;
(d) The prioritization of four-year institution capital budget projects by the office of financial management; and
(e) Indicators that measure outcomes concerning recruitment, retention, and success of students, faculty, and staff
from diverse, underrepresented communities.
(2) The goals and outcomes identified in a performance
agreement shall be linked to the role, mission, and strategic
plan of the institution of higher education and aligned with
the statewide strategic master plan for higher education.
(3) Performance agreements may also include grants to
an institution, under the terms of the agreement, of flexibility
or waivers from state controls or rules. The agreement may
28B.10.921
[Title 28B RCW—page 43]
28B.10.922
Title 28B RCW: Higher Education
identify areas where statutory change is necessary to grant an
institution flexibility or waivers of state agency rules.
(4) The following areas may not be included in a performance agreement:
(a) Flexibility or waivers of requirements in a collective
bargaining agreement negotiated under chapter 28B.52,
41.56, 41.59, 41.76, or 41.80 RCW;
(b) Flexibility or waivers of administrative rules or processes governed by chapter 28B.52, 41.56, 41.59, 41.76, or
41.80 RCW;
(c) Rules, processes, duties, rights, and responsibilities
of the academic faculty as contained in the faculty codes of
the four-year institution;
(d) Flexibility or waivers of requirements under chapter
39.12 RCW;
(e) Flexibility or waivers of administrative rules or other
regulations that address health and safety, civil rights, and
nondiscrimination laws that apply to institutions of higher
education; and
(f) State laws covering terms and conditions of employment, including but not limited to salaries, job security, and
health, retirement, unemployment, or any other employment
benefits. [2008 c 160 § 3.]
Findings—Intent—2008 c 160: See note following RCW 28B.10.920.
28B.10.922 Performance agreements—State committee—Development of final proposals—Implementation—Updates. (1) A state performance agreement committee is created to represent the state in developing performance
agreements under this section and RCW 28B.10.920 and
28B.10.921. The committee is composed of representatives
from the governor’s office, the office of financial management, the higher education coordinating board, the office of
the superintendent of public instruction, two members of the
senate appointed by the secretary of the senate, and two
members of the house of representatives appointed by the
speaker of the house of representatives. The state performance agreement committee shall be staffed by personnel
from the higher education coordinating board.
(2) Each of the participating institutions shall develop a
preliminary draft of a performance agreement with input
from students and faculty. The governing boards of the public four-year institutions of higher education shall designate
performance agreement representatives for each institution
respectively that shall include two faculty members at those
institutions bargaining under chapter 41.76 RCW, at least one
of whom shall be appointed by the exclusive collective bargaining agent and the other appointed by the faculty governance organization of that institution. If the participating
pilot institution does not bargain under chapter 41.76 RCW,
then two faculty members shall be appointed by the faculty
governance organization of that institution. The associated
student governments or their equivalents shall designate two
performance agreement representatives at those institutions.
Starting with the preliminary drafts, the state performance
agreement committee and representatives of each institution
shall develop revised draft performance agreements for each
institution and submit the revised drafts to the governor and
the fiscal and higher education committees of the legislature
no later than September 1, 2008.
28B.10.922
[Title 28B RCW—page 44]
(3) After receiving informal input on the revised draft
performance agreements, particularly regarding the levels of
resources assumed in the agreements, the state committee and
institution representatives shall develop final proposed performance agreements and submit the agreements to the governor and the office of financial management by November 1,
2008, for consideration in development of the governor’s
2009-2011 operating and capital budget recommendations.
(4) The state committee shall submit any legislation necessary to implement a performance agreement to the higher
education committees of the senate and house of representatives.
(5) All cost items contained within a performance agreement are subject to legislative appropriation.
(6) If the legislature affirms, through a proviso in the
2009-2011 omnibus appropriations act, that the omnibus
appropriations act and the 2009 capital budget act enacted by
the legislature align with the proposed performance agreements, the performance agreements shall take effect beginning July 1, 2009, through June 30, 2015. If the legislature
affirms, through a proviso in the 2009-2011 omnibus appropriations act or through inaction, that the omnibus appropriations act and/or the 2009 capital budget act are not aligned
with the proposed performance agreements, the state committee and institution representatives shall redraft the agreements to align with the enacted budgets, and the redrafted
agreements shall take effect beginning September 1, 2009,
through June 30, 2015.
(7) The legislature, the state committee, and the institution representatives shall repeat the process described in subsection (6) of this section for each subsequent omnibus
appropriations and capital budget act enacted between the
2010 and 2014 legislative sessions to ensure that the performance agreements are updated as necessary to align with
enacted omnibus appropriations and capital budget acts.
[2008 c 160 § 4.]
Findings—Intent—2008 c 160: See note following RCW 28B.10.920.
Chapter 28B.12
Chapter 28B.12 RCW
STATE WORK-STUDY PROGRAM
(Formerly: College work-study program)
Sections
28B.12.010
28B.12.020
28B.12.030
28B.12.040
28B.12.050
28B.12.060
28B.12.070
Created.
Purpose.
Definitions.
Board to develop and administer program—Agreements
authorized, limitation—Work study advisory committee.
Disbursal of state work-study funds—Criteria.
Rules—Mandatory provisions.
Annual report of institutions to higher education coordinating
board.
28B.12.010 Created. There is hereby created a program of financial aid to students pursuing a post-secondary
education which shall be known as the state work-study program. [1994 c 130 § 1; 1974 ex.s. c 177 § 1.]
28B.12.010
Severability—1974 ex.s. c 177: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1974 ex.s. c 177 § 10.]
(2008 Ed.)
State Work-Study Program
28B.12.020
28B.12.020 Purpose. The purpose of the program created in RCW 28B.12.010 is to provide financial assistance to
needy students, including needy students from middleincome families, attending eligible post-secondary institutions in the state of Washington by stimulating and promoting their employment, thereby enabling them to pursue
courses of study at such institutions. An additional purpose of
this program shall be to provide such needy students, wherever possible, with employment related to their academic or
vocational pursuits. [1994 c 130 § 2; 1974 ex.s. c 177 § 2.]
Severability—1974 ex.s. c 177: See note following RCW 28B.12.010.
28B.12.030
28B.12.030 Definitions. As used in this chapter, the
following words and terms shall have the following meanings, unless the context shall clearly indicate another or different meaning or intent:
(1) The term "needy student" shall mean a student
enrolled or accepted for enrollment at a post-secondary institution who, according to a system of need analysis approved
by the higher education coordinating board, demonstrates a
financial inability, either parental, familial, or personal, to
bear the total cost of education for any semester or quarter.
(2) The term "eligible institution" shall mean any postsecondary institution in this state accredited by the Northwest
Association of Schools and Colleges, or a branch of a member institution of an accrediting association recognized by
rule of the board for purposes of this section, that is eligible
for federal student financial aid assistance and has operated
as a nonprofit college or university delivering on-site classroom instruction for a minimum of twenty consecutive years
within the state of Washington, or any public technical college in the state. [2002 c 187 § 2; 1994 c 130 § 3; 1974 ex.s.
c 177 § 3.]
Severability—1974 ex.s. c 177: See note following RCW 28B.12.010.
28B.12.040
28B.12.040 Board to develop and administer program—Agreements authorized, limitation—Work study
advisory committee. With the assistance of an advisory
committee, the higher education coordinating board shall
develop and administer the state work-study program. The
board shall be authorized to enter into agreements with
employers and eligible institutions for the operation of the
program. These agreements shall include such provisions as
the higher education coordinating board may deem necessary
or appropriate to carry out the purposes of this chapter.
The members of the work-study advisory committee
may include, but need not be limited to representatives of
public and private community colleges, technical colleges,
and four-year institutions of higher education; vocational
schools; students; community service organizations; public
schools; business; and labor. When selecting members of the
advisory committee, the board shall consult with institutions
of higher education, the state board for community and technical colleges, the workforce training and education coordinating board, and appropriate associations and organizations.
With the exception of off-campus community service placements, the share from moneys disbursed under the state
work-study program of the compensation of students
employed under such program in accordance with such
(2008 Ed.)
28B.12.060
agreements shall not exceed eighty percent of the total such
compensation paid such students.
By rule, the board shall define community service placements and may determine any salary matching requirements
for any community service employers. [1994 c 130 § 4; 1993
c 385 § 3; 1985 c 370 § 58; 1974 ex.s. c 177 § 4.]
Severability—1974 ex.s. c 177: See note following RCW 28B.12.010.
Purpose—1974 ex.s. c 177: See RCW 28B.12.020.
28B.12.050 Disbursal of state work-study funds—
Criteria. The higher education coordinating board shall disburse state work-study funds. In performing its duties under
this section, the board shall consult eligible institutions and
post-secondary education advisory and governing bodies.
The board shall establish criteria designed to achieve such
distribution of assistance under this chapter among students
attending eligible institutions as will most effectively carry
out the purposes of this chapter. [1994 c 130 § 5; 1987 c 330
§ 201; 1985 c 370 § 59; 1974 ex.s. c 177 § 5.]
28B.12.050
Construction—Application of rules—1987 c 330: "This act shall not
be construed as affecting any existing right acquired or liability or obligation
incurred under the sections amended or repealed in this act or under any rule,
regulation, or order adopted under those sections, nor as affecting any proceeding instituted under those sections. The rules of the agencies abolished
by this act shall continue in force until acted upon by the succeeding agency
and shall be enforced by the succeeding agency. If there is no succeeding
agency, the rules shall terminate." [1987 c 330 § 1401.]
Severability—1987 c 330: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 330 § 1402.]
Severability—1974 ex.s. c 177: See note following RCW 28B.12.010.
28B.12.060 Rules—Mandatory provisions. The
higher education coordinating board shall adopt rules as may
be necessary or appropriate for effecting the provisions of
this chapter, and not in conflict with this chapter, in accordance with the provisions of chapter 34.05 RCW, the state
higher education administrative procedure act. Such rules
shall include provisions designed to make employment under
the work-study program reasonably available, to the extent of
available funds, to all eligible students in eligible post-secondary institutions in need thereof. The rules shall include:
(1) Providing work under the state work-study program
that will not result in the displacement of employed workers
or impair existing contracts for services;
(2) Furnishing work only to a student who:
(a) Is capable, in the opinion of the eligible institution, of
maintaining good standing in such course of study while
employed under the program covered by the agreement; and
(b) Has been accepted for enrollment as at least a halftime student at the eligible institution or, in the case of a student already enrolled in and attending the eligible institution,
is in good standing and in at least half-time attendance there
either as an undergraduate, graduate or professional student;
and
(c) Is not pursuing a degree in theology;
(3) Placing priority on providing:
(a) Work opportunities for students who are residents of
the state of Washington as defined in RCW 28B.15.012 and
28B.15.013, particularly former foster youth as defined in
28B.12.060
[Title 28B RCW—page 45]
28B.12.070
Title 28B RCW: Higher Education
RCW 28B.92.060, except resident students defined in RCW
28B.15.012(2)(g);
(b) Job placements in fields related to each student’s academic or vocational pursuits, with an emphasis on off-campus job placements whenever appropriate; and
(c) Off-campus community service placements;
(4) Provisions to assure that in the state institutions of
higher education, utilization of this work-study program:
(a) Shall only supplement and not supplant classified
positions under jurisdiction of chapter 41.06 RCW;
(b) That all positions established which are comparable
shall be identified to a job classification under the director of
personnel’s classification plan and shall receive equal compensation;
(c) Shall not take place in any manner that would replace
classified positions reduced due to lack of funds or work; and
(d) That work study positions shall only be established at
entry level positions of the classified service unless the overall scope and responsibilities of the position indicate a higher
level; and
(5) Provisions to encourage job placements in occupations that meet Washington’s economic development goals,
especially those in international trade and international relations. The board shall permit appropriate job placements in
other states and other countries. [2005 c 93 § 4; 2002 c 354 §
224; 1994 c 130 § 6. Prior: 1993 sp.s. c 18 § 3; 1993 c 281 §
14; 1987 c 330 § 202; 1985 c 370 § 60; 1974 ex.s. c 177 § 6.]
28B.13.010 Bonds authorized—Amount—Purpose—
Form, conditions of sale, etc. For the purpose of providing
needed capital improvements consisting of the acquisition,
construction, remodeling, furnishing and equipping of state
buildings and facilities for the institutions of higher education, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of
seven million eight hundred one thousand eighty dollars or so
much thereof as shall be required to finance the capital
project relating to institutions of higher education as set forth
in the capital appropriations act, chapter 197 (SSB 3253),
Laws of 1974 ex. sess., to be paid and discharged within
thirty years of the date of issuance in accordance with Article
VIII, section 1 of the Constitution of the state of Washington.
The state finance committee is authorized to prescribe
the form of such bonds, and the time of sale of all or any portion or portions of such bonds, and the conditions of sale and
issuance thereof.
The bonds shall pledge the full faith and credit of the
state of Washington and contain an unconditional promise to
pay the principal and interest when due. The committee may
provide that the bonds, or any of them, may be called prior to
the due date thereof under such terms and conditions as it
may determine. The state finance committee may authorize
the use of facsimile signatures in the issuance of the bonds.
[1974 ex.s. c 181 § 1.]
28B.13.010
28B.13.020 Disposition of proceeds from sale of
bonds. The proceeds from the sale of the bonds authorized
by this chapter, together with all grants, donations, transferred funds and all other moneys which the state finance
committee may direct the state treasurer to deposit therein
shall be deposited in the state higher education construction
account in the state general fund. [1974 ex.s. c 181 § 2.]
28B.13.020
Findings—Intent—2005 c 93: See note following RCW 74.13.570.
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date—1993 sp.s. c 18: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 sp.s. c 18 § 38.]
Effective date—1993 c 281: See note following RCW 41.06.022.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1974 ex.s. c 177: See note following RCW 28B.12.010.
28B.12.070 Annual report of institutions to higher
education coordinating board. Each eligible institution
shall submit to the higher education coordinating board an
annual report in accordance with such requirements as are
adopted by the board. [1994 c 130 § 7; 1985 c 370 § 61; 1974
ex.s. c 177 § 7.]
28B.12.070
Severability—1974 ex.s. c 177: See note following RCW 28B.12.010.
Chapter 28B.13 RCW
1974 BOND ISSUE FOR CAPITAL IMPROVEMENTS
Chapter 28B.13
Sections
28B.13.010 Bonds authorized—Amount—Purpose—Form, conditions of
sale, etc.
28B.13.020 Disposition of proceeds from sale of bonds.
28B.13.030 Bond anticipation notes—Authorized—Payment of principal
and interest on—Disposition of proceeds from sale of bonds
and notes.
28B.13.040 Bond redemption fund—Created—Use—Rights of bond
owner and holder.
28B.13.050 Chapter not exclusive method for payment of interest and principal on bonds.
28B.13.060 Bonds as legal investment for public funds.
28B.13.900 Severability—1974 ex.s. c 181.
State finance committee: Chapter 43.33 RCW.
[Title 28B RCW—page 46]
28B.13.030 Bond anticipation notes—Authorized—
Payment of principal and interest on—Disposition of proceeds from sale of bonds and notes. At the time the state
finance committee determines to issue such bonds or a portion thereof, it may, pending the issuing of such bonds, issue,
in the name of the state, temporary notes in anticipation of the
money to be derived from the sale of the bonds, which notes
shall be designated as "bond anticipation notes". Such portion
of the proceeds of the sale of such bonds that may be required
for such purpose shall be applied to the payment of the principal of and interest on such anticipation notes which have
been issued. The proceeds from the sale of bonds or notes
authorized by this chapter shall be deposited in the state
higher education construction account of the general fund in
the state treasury and shall be used exclusively for the purposes specified in this chapter and for the payment of
expenses incurred in the issuance and sale of the bonds.
[1974 ex.s. c 181 § 3.]
28B.13.030
28B.13.040 Bond redemption fund—Created—
Use—Rights of bond owner and holder. The state higher
education bond redemption fund of 1974 is hereby created in
the state treasury, which fund shall be exclusively devoted to
the payment of interest on and retirement of the bonds authorized by this chapter. The state finance committee shall, on or
before June 30th of each year, certify to the state treasurer the
28B.13.040
(2008 Ed.)
1975 Bond Issue for Capital Improvements
amount needed in the ensuing twelve months to meet bond
retirement and interest requirements, and on July 1st of each
year the state treasurer shall deposit such amount in the state
higher education bond redemption fund of 1974 from any
general state revenues received in the state treasury and certified by the state treasurer to be general state revenues.
The owner and holder of each of the bonds or the trustee
for any of the bonds may by mandamus or other appropriate
proceeding require and compel the transfer and payment of
funds as directed therein. [1974 ex.s. c 181 § 4.]
28B.13.050 Chapter not exclusive method for payment of interest and principal on bonds. The legislature
may provide additional means for raising moneys for the payment of the interest and principal of the bonds authorized
herein and this chapter shall not be deemed to provide an
exclusive method for such payment. [1974 ex.s. c 181 § 5.]
28B.13.050
28B.13.060 Bonds as legal investment for public
funds. The bonds authorized by this chapter shall be a legal
investment for all state funds or for funds under state control
and all funds of municipal corporations. [1974 ex.s. c 181 §
6.]
28B.13.060
28B.13.900 Severability—1974 ex.s. c 181. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected. [1974 ex.s. c 181 § 7.]
28B.13.900
Chapter 28B.14 RCW
1975 BOND ISSUE FOR CAPITAL IMPROVEMENTS
Chapter 28B.14
28B.14.050
shall be given to minority contractors. [1975-’76 2nd ex.s. c
126 § 1; 1975 1st ex.s. c 237 § 1.]
Severability—1975 1st ex.s. c 237: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances,
shall in no way be affected." [1975 1st ex.s. c 237 § 8.]
28B.14.020 Bond anticipation notes—Authorized—
Payment. When the state finance committee has determined
to issue such general obligation bonds or a portion thereof as
authorized in RCW 28B.14.010, it may, pending the issuance
thereof, issue in the name of the state temporary notes in
anticipation of the issuance of such bonds, which notes shall
be designated as "bond anticipation notes". Such portion of
the proceeds of the sale of such bonds as may be required for
the payment of principal and redemption premium, if any, of
and interest on such notes shall be applied thereto when such
bonds are issued. [1975 1st ex.s. c 237 § 2.]
28B.14.020
Severability—1975 1st ex.s. c 237: See note following RCW
28B.14.010.
28B.14.030 Form, terms, conditions, sale and covenants of bonds and notes. The state finance committee is
authorized to prescribe the form, terms, conditions and covenants of the bonds and/or the bond anticipation notes provided for in RCW 28B.14.010 and 28B.14.020, the time or
times of sale of all or any portion of them, and the conditions
and manner of their sale and issuance.
Each such bond and bond anticipation note shall pledge
the full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and interest thereon when due. [1975 1st ex.s. c 237 § 3.]
28B.14.030
Severability—1975 1st ex.s. c 237: See note following RCW
28B.14.010.
Sections
28B.14.010 Bonds authorized—Amount—Consideration for minority
contractors on projects so funded.
28B.14.020 Bond anticipation notes—Authorized—Payment.
28B.14.030 Form, terms, conditions, sale and covenants of bonds and
notes.
28B.14.040 Disposition of proceeds from sale of bonds and notes—Use.
28B.14.050 1975 state higher education bond retirement fund—Created—
Purpose.
28B.14.060 Bonds as legal investment for public funds.
28B.14.010 Bonds authorized—Amount—Consideration for minority contractors on projects so funded. For
the purpose of providing needed capital improvements consisting of the acquisition, construction, remodeling, furnishing and equipping of state buildings and facilities for the
institutions of higher education, the state finance committee
is hereby authorized to issue from time to time general obligation bonds of the state of Washington in the aggregate principal amount of fourteen million eight hundred eighty thousand dollars, or so much thereof as shall be required to
finance the capital projects relating to institutions of higher
education as determined by the legislature in its capital
appropriations acts from time to time, for such purposes, to
be paid and discharged within thirty years of the date of issuance in accordance with Article VIII, section 1, of the Constitution of the state of Washington. It is the intent of the legislature that in any decision to contract for capital projects
funded as the result of this chapter, full and fair consideration
28B.14.010
(2008 Ed.)
28B.14.040 Disposition of proceeds from sale of
bonds and notes—Use. Except for that portion of the proceeds required to pay bond anticipation notes pursuant to
RCW 28B.14.020, the proceeds from the sale of the bonds
and/or bond anticipation notes authorized in this chapter,
together with all grants, donations, transferred funds, and all
other moneys which the state finance committee may direct
the state treasurer to deposit therein, shall be deposited in the
state higher education construction account of the general
fund in the state treasury. All such proceeds shall be used
exclusively for the purposes specified in this chapter and for
the payment of the expenses incurred in connection with the
sale and issuance of such bonds and bond anticipation notes.
[1975 1st ex.s. c 237 § 4.]
28B.14.040
Severability—1975 1st ex.s. c 237: See note following RCW
28B.14.010.
28B.14.050 1975 state higher education bond retirement fund—Created—Purpose. The 1975 state higher
education bond retirement fund is hereby created in the state
treasury for the purpose of the payment of principal of and
interest on the bonds authorized to be issued pursuant to this
chapter.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the pay28B.14.050
[Title 28B RCW—page 47]
28B.14.060
Title 28B RCW: Higher Education
ment of the principal of and the interest coming due on such
bonds. On July 1st of each such year the state treasurer shall
withdraw from any general state revenues received in the
state treasury and deposit in the 1975 state higher education
bond retirement fund an amount equal to the amount certified
by the state finance committee. [1975 1st ex.s. c 237 § 5.]
Severability—1975 1st ex.s. c 237: See note following RCW
28B.14.010.
28B.14.060 Bonds as legal investment for public
funds. The bonds authorized in this chapter shall constitute a
legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1975 1st
ex.s. c 237 § 6.]
28B.14.060
Severability—1975 1st ex.s. c 237: See note following RCW
28B.14.010.
Chapter 28B.14B RCW
1977 BOND ISSUE FOR CAPITAL IMPROVEMENTS
Chapter 28B.14B
Sections
28B.14B.010 Bonds authorized—Amount—Conditions.
28B.14B.020 Bond anticipation notes—Authorized—Payment.
28B.14B.030 Form, terms, conditions, sale and covenants of bonds and
notes.
28B.14B.040 Disposition of proceeds from sale of bonds and notes—Use.
28B.14B.050 State higher education bond retirement fund of 1977—Created—Purpose.
28B.14B.060 Bonds as legal investment for public funds.
28B.14B.010 Bonds authorized—Amount—Conditions. For the purpose of providing needed capital improvements consisting of the acquisition, construction, remodeling,
furnishing and equipping of state buildings and facilities for
the institutions of higher education, the state finance committee is authorized to issue general obligation bonds of the state
of Washington in the sum of nine million five hundred thousand dollars, or so much thereof as may be required to finance
such projects, and all costs incidental thereto. No bonds
authorized by this chapter shall be offered for sale without
prior legislative appropriation, and these bonds shall be paid
and discharged within thirty years of the date of issuance in
accordance with Article VIII, section 1 of the state Constitution. [1977 ex.s. c 345 § 1.]
28B.14B.010
Severability—1977 ex.s. c 345: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1977 ex.s. c 345 § 8.]
28B.14B.020 Bond anticipation notes—Authorized—Payment. When the state finance committee has
determined to issue such general obligation bonds or a portion thereof as authorized in RCW 28B.14B.010, it may,
pending the issuance thereof, issue in the name of the state
temporary notes in anticipation of the issuance of such bonds,
which notes shall be designated as "bond anticipation notes".
Such portion of the proceeds of the sale of such bonds as may
be required for the payment of principal of and redemption
premium, if any, and interest on such notes shall be applied
thereto when such bonds are issued. [1977 ex.s. c 345 § 2.]
28B.14B.020
Seve ra bi li ty—1 977 e x.s. c 345 : Se e no te fo llo wing R CW
28B.14B.010.
[Title 28B RCW—page 48]
28B.14B.030 Form, terms, conditions, sale and covenants of bonds and notes. The state finance committee is
authorized to prescribe the form, terms, conditions and covenants of the bonds and/or the bond anticipation notes provided for in RCW 28B.14B.010 and 28B.14B.020, the time
or times of sale of all or any portion of them, and the conditions and manner of their sale and issuance.
Each such bond and bond anticipation note shall pledge
the full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and interest thereon when due. [1977 ex.s. c 345 § 3.]
28B.14B.030
Seve ra bili ty— 1977 e x.s. c 345 : Se e no te fo llo wing R CW
28B.14B.010.
28B.14B.040 Disposition of proceeds from sale of
bonds and notes—Use. Except for that portion of the proceeds required to pay bond anticipation notes pursuant to
RCW 28B.14B.020, the proceeds from the sale of the bonds
and/or bond anticipation notes authorized in this chapter,
together with all grants, donations, transferred funds, and all
other moneys which the state finance committee may direct
the state treasurer to deposit therein, shall be deposited in the
state higher education construction account of the general
fund in the state treasury. All such proceeds shall be used
exclusively for the purposes specified in this chapter and for
the payment of the expenses incurred in connection with the
sale and issuance of such bonds and bond anticipation notes.
[1977 ex.s. c 345 § 4.]
28B.14B.040
Seve ra bili ty— 1977 e x.s. c 345 : Se e no te fo llo wing R CW
28B.14B.010.
28B.14B.050 State higher education bond retirement
fund of 1977—Created—Purpose. The state higher education bond retirement fund of 1977 is hereby created in the
state treasury for the purpose of the payment of principal of
and interest on the bonds authorized to be issued pursuant to
this chapter or, if the legislature so determines, for any bonds
and notes hereafter authorized and issued for the institutions
of higher education.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and the interest coming due on such
bonds. Not less than thirty days prior to the date on which any
such interest or principal and interest payment is due, the
state treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the state higher
education bond retirement fund of 1977 an amount equal to
the amount certified by the state finance committee to be due
on such payment date. [1977 ex.s. c 345 § 5.]
28B.14B.050
Seve ra bili ty— 1977 e x.s. c 345 : Se e no te fo llo wing R CW
28B.14B.010.
28B.14B.060 Bonds as legal investment for public
funds. The bonds authorized in RCW 28B.14B.010 through
28B.14B.060 shall constitute a legal investment for all state
funds or for funds under state control and all funds of municipal corporations. [1977 ex.s. c 345 § 6.]
28B.14B.060
Seve ra bili ty— 1977 e x.s. c 345 : Se e no te fo llo wing R CW
28B.14B.010.
(2008 Ed.)
1977 Bond Act for the Refunding of Outstanding Limited Obligation Revenue Bonds
Chapter 28B.14C RCW
1977 BOND ACT FOR THE REFUNDING OF
OUTSTANDING LIMITED OBLIGATION
REVENUE BONDS
Chapter 28B.14C
Sections
28B.14C.010 Purpose—Bonds authorized—Amount.
28B.14C.020 Refunding as benefit to state.
28B.14C.030 Constitutional and statutory authority applicable—Specific
state finance committee powers.
28B.14C.040 Limitation as to amount of bonds to be issued—Pledge of
state’s credit.
28B.14C.050 Disposition of proceeds of refunding issues.
28B.14C.060 Institutions of higher education refunding bond retirement
fund of 1977—Created—Use.
28B.14C.070 Chapter not exclusive method for payment of interest and
principal on bonds.
28B.14C.080 Chapter as affecting University of Washington building revenue bond redemption.
28B.14C.090 Chapter as affecting Washington State University building
revenue bond redemption.
28B.14C.100 Chapter as affecting Western Washington State College
building and normal school fund revenue bonds.
28B.14C.110 Chapter as affecting Eastern Washington State College building and normal school fund revenue bonds.
28B.14C.120 Chapter as affecting Central Washington State College building and normal school fund revenue bonds.
28B.14C.130 Chapter as affecting Evergreen State College building revenue bonds.
28B.14C.140 Use limited when reserves transferred to state general fund.
28B.14C.900 Severability—1977 ex.s. c 354.
28B.14C.010 Purpose—Bonds authorized—Amount.
The state finance committee is hereby authorized to issue
from time to time on behalf of the state, general obligation
bonds of the state in the amount of forty-eight million six
hundred thousand dollars, or so much thereof as may be
required to refund at or prior to maturity, all or some or any
part of the various issues of outstanding limited obligation
revenue bonds identified below, issued by various of the
institutions of higher education, similarly identified:
(1) University of Washington building revenue bonds,
all series, aggregating $28,850,000 in original principal
amount;
(2) Washington State University building revenue bonds
and building and scientific fund revenue bonds, all series,
aggregating $19,450,000 in original principal amount;
(3) Western Washington State College building and normal school fund revenue bonds, all series, aggregating
$11,620,000 in original principal amount;
(4) Eastern Washington State College building and normal school fund revenue bonds, all series, aggregating
$9,501,000 in original principal amount;
(5) Central Washington State College building and normal school fund revenue bonds, all series, including refunding series, aggregating $8,925,000 in original principal
amount; and
(6) The Evergreen State College building revenue bonds,
all series, aggregating $2,191,125 in original principal
amount. [1985 ex.s. c 4 § 14; 1985 c 390 § 2; 1977 ex.s. c 354
§ 1.]
28B.14C.010
Severability—1985 ex.s. c 4: See RCW 43.99G.900.
28B.14C.020 Refunding as benefit to state. The
refunding authorized by this chapter is to be carried out primarily for the purpose of releasing for other needs of the state
and its agencies the reserves presently required under existing covenants and statutes to secure payment of the various
28B.14C.020
(2008 Ed.)
28B.14C.050
issues of the bonds to be refunded and, as such, is of substantial benefit to the state. [1977 ex.s. c 354 § 2.]
28B.14C.030 Constitutional and statutory authority
applicable—Specific state finance committee powers.
Subject to the specific requirements of RCW 28B.14C.010
through 28B.14C.140 and 28B.14C.900, such general obligation refunding bonds shall be issued and the refunding plan
carried out in accordance with Article VIII, section 1, of the
state Constitution, in accordance with chapter 39.42 RCW as
presently in effect, and in accordance with the following sections of chapter 39.53 RCW as presently in effect, where
applicable: RCW 39.53.010, 39.53.030, 39.53.060,
39.53.070, 39.53.100, and 39.53.110. The remainder of chapter 39.53 RCW shall not be applicable to the refunding authorized by this chapter.
In addition to the powers granted to the state finance
committee in this subsection, said committee is hereby authorized (1) to determine the times and manner of redemption of
the various bonds to be refunded, if any are to be redeemed
prior to maturity; (2) to carry out all procedures necessary to
accomplish the call for redemption and the subsequent
redemption of the bonds to be refunded on behalf of the board
of regents or the board of trustees, as the case may be, of each
of the institutions which originally issued the bonds to be
refunded; and (3) to determine the time, manner, and call premium, if any, for redemption of the refunding issue or issues,
if any of the bonds of such issue are to be redeemed prior to
maturity. [1977 ex.s. c 354 § 3.]
28B.14C.030
Reviser’s note: Phrases "as presently in effect" would, because of declaration of emergency in section 17 of 1977 ex.s. c 354, be deemed as of July
1, 1977.
28B.14C.040 Limitation as to amount of bonds to be
issued—Pledge of state’s credit. The amount of general
obligation refunding bonds issued shall not exceed 1.05 times
the amount which, taking into account amounts to be earned
from the investment of the proceeds of such issue or issues, is
required to pay the principal of, the interest on, premium of,
if any, on the revenue bonds to be refunded with the proceeds
of the refunding issue or issues.
Each bond issued pursuant to the provisions of this chapter shall contain a pledge of the state’s full faith and credit to
the payment of the principal thereof and the interest thereon
and the state’s unconditional promise to pay said principal
and interest as the same shall become due. [1977 ex.s. c 354
§ 4.]
28B.14C.040
28B.14C.050 Disposition of proceeds of refunding
issues. The proceeds of the refunding issue or issues shall be
invested and applied to the payment of the principal of, interest on and redemption premium, if any, on the bonds to be
refunded, at the times and in the manner determined by the
state finance committee consistent with the provisions and
intent of this chapter. Any investment of such proceeds shall
be made only in direct general obligations of the United
States of America.
Any proceeds in excess of the amounts required to
accomplish the refunding, or any such direct obligation of the
United States of America acquired with such excess proceeds, shall be used to pay the fees and costs incurred in the
28B.14C.050
[Title 28B RCW—page 49]
28B.14C.060
Title 28B RCW: Higher Education
refunding and the balance shall be deposited in the institutions of higher education refunding bond retirement fund of
1977. [1977 ex.s. c 354 § 5.]
28B.14C.060 Institutions of higher education refunding bond retirement fund of 1977—Created—Use. There
is hereby created in the state treasury the institutions of
higher education refunding bond retirement fund of 1977,
which fund shall be devoted to the payment of principal of,
interest on and redemption premium, if any, on the bonds
authorized to be issued pursuant to this chapter.
The state finance committee shall, on or before June 30
of each year, certify to the state treasurer the amount needed
in the next succeeding twelve months to pay the installments
of principal of and interest on the refunding bonds coming
due in such period. The state treasurer shall, not less than
thirty days prior to the due date of each installment, withdraw
from any general state revenues received in the state treasury
an amount equal to the amount certified by the state finance
committee as being required to pay such installment; shall
deposit such amount in the institutions of higher education
refunding bond retirement fund of 1977; and shall apply in a
timely manner the funds so deposited to the payment of the
installment due on the bonds. [1991 sp.s. c 13 § 80; 1977
ex.s. c 354 § 6.]
28B.14C.060
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
28B.14C.070 Chapter not exclusive method for payment of interest and principal on bonds. The legislature
may provide additional means for the payment of the principal of and interest on bonds issued pursuant to this chapter
and this chapter shall not be deemed to provide an exclusive
method for such payment. [1977 ex.s. c 354 § 7.]
28B.14C.070
28B.14C.080 Chapter as affecting University of
Washington building revenue bond redemption. At such
time as ample provision has been made for full payment,
when due under the terms thereof or upon redemption prior to
maturity, of all the principal of and interest on and redemption premium, if applicable, on all the outstanding University
of Washington building revenue bonds payable from the University of Washington bond retirement fund, which provision
has been made in a refunding plan adopted by the state
finance committee pursuant to the terms of this chapter utilizing a part of the proceeds and the investment proceeds of the
refunding bonds issued pursuant to this chapter, then:
(1) The said University of Washington bonds so
refunded shall be deemed not to be "outstanding" or "unpaid"
for purposes of RCW 28B.20.720, 28B.20.725, 28B.20.800
or any other statute pertaining to said bonds or any covenant
of the University of Washington board of regents pertaining
to said bonds;
(2) The board of regents of the University of Washington
shall, from moneys thereafter paid into the University of
Washington bond retirement fund pursuant to the provisions
of chapter 28B.20 RCW, transfer to the state general fund
amounts sufficient to pay the principal of and the interest on
that portion or series of the refunding bonds necessary to
refund the said University of Washington bonds. The state
28B.14C.080
[Title 28B RCW—page 50]
finance committee shall determine all matters pertaining to
the said transfer, including the amounts to be transferred and
the time and manner of transfer; and
(3) Anything to the contrary contained in chapter 28B.20
RCW notwithstanding, the state treasurer shall immediately
transfer to the state general fund all reserves, less any amount
required to effect the refunding, which have been accumulated theretofore in the University of Washington bond retirement fund pursuant to covenants in the said University of
Washington bonds.
(4) Anything to the contrary contained in RCW
28B.20.725 notwithstanding, the board of regents of the University of Washington is empowered to authorize the transfer
from time to time to the University of Washington building
account any moneys in the University of Washington bond
retirement fund in excess of the amounts determined by the
state finance committee to be transferred from such bond
retirement fund in accordance with subsection (2) of this section. [1985 c 390 § 3; 1977 ex.s. c 354 § 8.]
28B.14C.090 Chapter as affecting Washington State
University building revenue bond redemption. At such
time as ample provision has been made for full payment,
when due under the terms thereof or upon redemption prior to
maturity, of all the principal of and interest on and redemption premium, if applicable, on all the outstanding Washington State University building revenue bonds and building and
scientific fund revenue bonds payable from the Washington
State University bond retirement fund, which provision has
been made in a refunding plan adopted by the state finance
committee pursuant to the terms of this chapter utilizing a
part of the proceeds and the investment proceeds of the
refunding bonds issued pursuant to this chapter, then:
(1) The said Washington State University bonds so
refunded shall be deemed not to be "outstanding" or "unpaid"
for purposes of RCW 28B.20.720, 28B.30.740, 28B.30.750
or any other statute pertaining to said bonds or any covenant
of Washington State University board of regents pertaining to
said bonds;
(2) The board of regents of Washington State University
shall, from moneys thereafter paid into the Washington State
University bond retirement fund pursuant to the provisions of
chapter 28B.30 RCW, transfer to the state general fund
amounts sufficient to pay the principal of and the interest on
that portion or series of the refunding bonds necessary to
refund the said Washington State University bonds. The state
finance committee shall determine all matters pertaining to
the said transfer, including the amounts to be transferred and
the time and manner of transfer; and
(3) Anything to the contrary contained in chapter 28B.30
RCW notwithstanding, the state treasurer shall immediately
transfer to the state general fund all reserves, less any amount
required to effect the refunding, which have been accumulated theretofore in the Washington State University bond
retirement fund pursuant to covenants in the said Washington
State University bonds.
(4) Anything to the contrary contained in RCW
28B.30.750 notwithstanding, the board of regents of Washington State University is empowered to authorize the transfer from time to time to the Washington State University
building account any moneys in the Washington State Uni28B.14C.090
(2008 Ed.)
1977 Bond Act for the Refunding of Outstanding Limited Obligation Revenue Bonds
versity bond retirement fund in excess of the amounts determined by the state finance committee to be transferred from
such bond retirement fund in accordance with subsection (2)
of this section. [1985 c 390 § 4; 1977 ex.s. c 354 § 9.]
28B.14C.100
28B.14C.100 Chapter as affecting Western Washington State College building and normal school fund revenue bonds. At such time as ample provision has been made
for full payment, when due under the terms thereof or upon
redemption prior to maturity, of all the principal of and interest on and redemption premium, if applicable, on all the outstanding Western Washington State College building and
normal school fund revenue bonds payable from the Western
Washington State College bond retirement fund, which provision has been made in a refunding plan adopted by the state
finance committee pursuant to the terms of this chapter utilizing a part of the proceeds and the investment proceeds of the
refunding bonds issued pursuant to this chapter, then:
(1) The said Western Washington State College bonds so
refunded shall be deemed not to be "outstanding" or "unpaid"
for purposes of RCW 28B.40.370, 28B.40.750, or, other than
RCW 28B.40.751, any other statute pertaining to said bonds
or any covenant of the board of trustees of Western Washington State College pertaining to said bonds;
(2) Anything to the contrary in chapter 28B.40 RCW
notwithstanding, all building fees and all normal school fund
revenues received by Western Washington State College pursuant to RCW 28B.40.751 shall thenceforth be deposited into
the Western Washington State College capital projects
account and the board of trustees of said college shall thereafter transfer from said capital projects account to the state
general fund, amounts sufficient to pay the principal of and
interest on that portion or series of the refunding bonds necessary to refund the said bonds. The state finance committee
shall determine all matters pertaining to the said transfer,
including the amounts to be transferred and the time and
manner of transfer; and
(3) Anything to the contrary contained in chapter 28B.40
RCW notwithstanding, the state treasurer shall immediately
transfer to the state general fund all reserves, less any amount
required to effect the refunding, which have been accumulated theretofore in the Western Washington State College
bond retirement fund pursuant to covenants in the said Western Washington State College bonds. [1985 c 390 § 5; 1977
ex.s. c 354 § 10.]
Reviser’s note: Reference to RCW 28B.40.370, 28B.40.750, and
28B.40.751 and to "chapter 28B.40 RCW" relates to such sections and chapter as they were before the effective date (September 21, 1977) of 1977 ex.s.
c 169, which renamed Central Washington State College, Eastern Washington State College, and Western Washington State College as Central Washington University, Eastern Washington University, and Western Washington
University, respectively, creating three regional Universities within the state,
and setting forth the specific laws relating to them in chapter 28B.35 RCW,
and leaving as chapter 28B.40 RCW the specific laws relating to The Evergreen State College.
"State universities," "regional universities," "state college," "institutions of
higher education," and "postsecondary institutions" defined: RCW
28B.10.016.
Western Washington University capital projects account: RCW 28B.35.370.
(2008 Ed.)
28B.14C.120
28B.14C.110 Chapter as affecting Eastern Washington State College building and normal school fund revenue bonds. At such time as ample provision has been made
for full payment, when due under the terms thereof or upon
redemption prior to maturity, of all the principal of and interest on and redemption premium, if applicable, on all the outstanding Eastern Washington State College building and normal school fund revenue bonds payable from the Eastern
Washington State College bond retirement fund, which provision has been made in a refunding plan adopted by the state
finance committee pursuant to the terms of this chapter utilizing a part of the proceeds and the investment proceeds of the
refunding bonds issued pursuant to this chapter, then:
(1) The said Eastern Washington State College bonds so
refunded shall be deemed not to be "outstanding" or "unpaid"
for purposes of RCW 28B.40.370, 28B.40.750, or, other than
RCW 28B.40.751, any other statute pertaining to said bonds
or any covenant of the board of trustees of Eastern Washington State College pertaining to said bonds;
(2) Anything to the contrary in chapter 28B.40 RCW
notwithstanding, all building fees and all normal school fund
revenues received by Eastern Washington State College pursuant to RCW 28B.40.751 shall thenceforth be deposited into
the Eastern Washington State College capital projects
account and the board of trustees of said college shall thereafter transfer from said capital projects account to the state
general fund, amounts sufficient to pay the principal of and
interest on that portion or series of the refunding bonds necessary to refund the said bonds. The state finance committee
shall determine all matters pertaining to the said transfer,
including the amounts to be transferred and the time and
manner of transfer; and
(3) Anything to the contrary contained in chapter 28B.40
RCW notwithstanding, the state treasurer shall immediately
transfer to the state general fund all reserves, less any amount
required to effect the refunding, which have been accumulated theretofore in the Eastern Washington State College
bond retirement fund pursuant to covenants in the said Eastern Washington State College bonds. [1985 c 390 § 6; 1977
ex.s. c 354 § 11.]
28B.14C.110
Reviser’s note: Reference to RCW 28B.40.370, 28B.40.750, and
28B.40.751 and to "chapter 28B.40 RCW" relates to such sections and chapter as they were before the effective date (September 21, 1977) of 1977 ex.s.
c 169, which renamed Central Washington State College, Eastern Washington State College, and Western Washington State College as Central Washington University, Eastern Washington University, and Western Washington
University, respectively, creating three regional universities within the state,
and setting forth the specific laws relating to them in chapter 28B.35 RCW,
and leaving as chapter 28B.40 RCW the specific laws relating to The Evergreen State College.
Eastern Washington University capital projects account: RCW 28B.35.370.
"State universities," "regional universities," "state college," "institutions of
higher education," and "postsecondary institutions" defined: RCW
28B.10.016.
28B.14C.120 Chapter as affecting Central Washington State College building and normal school fund revenue bonds. At such time as ample provision has been made
for full payment, when due under the terms thereof or upon
redemption prior to maturity, of all the principal of and interest on and redemption premium, if applicable, on all the outstanding Central Washington State College building and normal school fund revenue bonds payable from the Central
28B.14C.120
[Title 28B RCW—page 51]
28B.14C.130
Title 28B RCW: Higher Education
Washington State College bond retirement fund, which provision has been made in a refunding plan adopted by the state
finance committee pursuant to the terms of this chapter utilizing a part of the proceeds and the investment proceeds of the
refunding bonds issued pursuant to this chapter, then:
(1) The said Central Washington State College bonds so
refunded shall be deemed not to be "outstanding" or "unpaid"
for purposes of RCW 28B.40.370, 28B.40.750, or, other than
RCW 28B.40.751, any other statute pertaining to said bonds
or any covenant of the board of trustees of Central Washington State College pertaining to said bonds;
(2) Anything to the contrary in chapter 28B.40 RCW
notwithstanding, all building fees and all normal school fund
revenues received by Central Washington State College pursuant to RCW 28B.40.751 shall thenceforth be deposited into
the Central Washington State College capital projects
account and the board of trustees of said college shall thereafter transfer from said capital projects account to the state
general fund, amounts sufficient to pay the principal of and
interest on that portion or series of the refunding bonds necessary to refund the said bonds. The state finance committee
shall determine all matters pertaining to the said transfer,
including the amounts to be transferred and the time and
manner of transfer; and
(3) Anything to the contrary contained in chapter 28B.40
RCW notwithstanding, the state treasurer shall immediately
transfer to the state general fund all reserves, less any amount
required to effect the refunding, which have been accumulated theretofore in the Central Washington State College
bond retirement fund pursuant to covenants in the said Central Washington State College bonds. [1985 c 390 § 7; 1977
ex.s. c 354 § 12.]
Reviser’s note: Reference to RCW 28B.40.370, 28B.40.750, and
28B.40.751 and to "chapter 28B.40 RCW" relates to such sections and chapter as they were before the effective date (September 21, 1977) of 1977 ex.s.
c 169, which renamed Central Washington State College, Eastern Washington State College, and Western Washington State College as Central Washington University, Eastern Washington University, and Western Washington
University, respectively, creating three regional universities within the state
and setting forth the specific laws relating to them in chapter 28B.35 RCW
and leaving as chapter 28B.40 RCW the specific laws relating to The Evergreen State College.
Central Washington University capital projects account: RCW 28B.35.370.
"State universities," "regional universities," "state college," "institutions of
higher education," and "postsecondary institutions" defined: RCW
28B.10.016.
28B.14C.130 Chapter as affecting Evergreen State
College building revenue bonds. At such time as ample
provision has been made for full payment, when due under
the terms thereof or upon redemption prior to maturity, of all
the principal of and interest on and redemption premium, if
applicable, on all the outstanding Evergreen State College
building revenue bonds payable from the Evergreen State
College bond retirement fund, which provision has been
made in a refunding plan adopted by the state finance committee pursuant to the terms of this chapter utilizing a part of
the proceeds and the investment proceeds of the refunding
bonds issued pursuant to this chapter, then:
(1) The said Evergreen State College bonds so refunded
shall be deemed not to be "outstanding" or "unpaid" for purposes of RCW 28B.40.370, 28B.40.750, or, other than RCW
28B.40.751, any other statute pertaining to said bonds or any
28B.14C.130
[Title 28B RCW—page 52]
covenant of the board of trustees of The Evergreen State College pertaining to said bonds;
(2) Anything to the contrary in chapter 28B.40 RCW
notwithstanding, all building fees and all normal school fund
revenues received by The Evergreen State College pursuant
to RCW 28B.40.751 shall thenceforth be deposited into the
Evergreen State College capital projects account and the
board of trustees of said college shall thereafter transfer from
said capital projects account to the state general fund,
amounts sufficient to pay the principal of and interest on that
portion or series of the refunding bonds necessary to refund
the said bonds. The state finance committee shall determine
all matters pertaining to the said transfer, including the
amounts to be transferred and the time and manner of transfer; and
(3) Anything to the contrary contained in chapter 28B.40
RCW notwithstanding, the state treasurer shall immediately
transfer to the state general fund all reserves, less any amount
required to effect the refunding, which have been accumulated theretofore in the Evergreen State College bond retirement fund pursuant to covenants in the said Evergreen State
College bonds. [1985 c 390 § 8; 1977 ex.s. c 354 § 13.]
Reviser’s note: Reference to RCW 28B.40.370, 28B.40.750, and
28B.40.751 and to "chapter 28B.40 RCW" relates to such sections and chapter as they were before the effective date (September 21, 1977) of 1977 ex.s.
c 169, which renamed Central Washington State College, Eastern Washington State College, and Western Washington State College as Central Washington University, Eastern Washington University, and Western Washington
University, respectively, creating three regional universities within the state,
and setting forth the specific laws relating to them in chapter 28B.35 RCW,
and leaving as chapter 28B.40 RCW the specific laws relating to The Evergreen State College.
"State universities," "regional universities," "state college," "institutions of
higher education," and "postsecondary institutions" defined: RCW
28B.10.016.
28B.14C.140 Use limited when reserves transferred
to state general fund. Any reserves transferred to the state
general fund by the state treasurer pursuant to RCW
28B.14C.080(3), 28B.14C.090(3), 28B.14C.100(3),
28B.14C.110(3), 28B.14C.120(3), or 28B.14C.130(3) shall
be appropriated and expended solely for the maintenance and
support of the institutions listed in RCW 28B.14C.010.
[1977 ex.s. c 354 § 14.]
28B.14C.140
28B.14C.900 Severability—1977 ex.s. c 354. If any
provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the
application of the provisions to other persons or circumstances shall not be affected. [1977 ex.s. c 354 § 15.]
28B.14C.900
Chapter 28B.14D RCW
1979 BOND ISSUE FOR CAPITAL IMPROVEMENTS
Chapter 28B.14D
Sections
28B.14D.010 Bonds authorized—Amount—Conditions.
28B.14D.020 Bond anticipation notes—Authorized—Payment.
28B.14D.030 Form, terms, conditions, sale and covenants of bonds and
notes.
28B.14D.040 Disposition of proceeds from sale of bonds and notes—
Higher education construction account.
28B.14D.050 Administration and use of proceeds from bonds and notes.
28B.14D.060 Higher education bond retirement fund of 1979—Created—
Purpose—Treasurer’s duties.
(2008 Ed.)
1979 Bond Issue for Capital Improvements
28B.14D.070 Building or capital projects account moneys deposited in
general fund.
28B.14D.080 Bonds as legal investment for public funds.
28B.14D.090 Prerequisite for issuance of bonds.
28B.14D.900 Construction—Provisions as subordinate in nature.
28B.14D.950 Severability—1979 ex.s. c 253.
28B.14D.010
28B.14D.010 Bonds authorized—Amount—Conditions. For the purpose of providing needed capital improvements consisting of the acquisition, construction, remodeling,
furnishing, and equipping of state buildings and facilities for
the institutions of higher education, the state finance committee is authorized to issue from time to time general obligation
bonds of the state of Washington in the sum of forty-six million dollars, or so much thereof as may be required, to finance
these projects and all costs incidental thereto. No bonds
authorized by this chapter shall be offered for sale without
prior legislative appropriation, and these bonds shall be paid
and discharged within thirty years of the date of issuance in
accordance with Article VIII, section 1 of the state Constitution. [1979 ex.s. c 253 § 1.]
28B.14D.020
28B.14D.020 Bond anticipation notes—Authorized—Payment. When the state finance committee has
determined to issue the general obligation bonds or a portion
thereof as authorized in RCW 28B.14D.010, it may, pending
the issuance thereof, issue in the name of the state temporary
notes in anticipation of the issuance of the bonds, which notes
shall be designated as "bond anticipation notes." Such portion of the proceeds of the sale of the bonds as may be
required for the payment of principal of and redemption premium, if any, and interest on the notes shall be applied
thereto when the bonds are issued. [1979 ex.s. c 253 § 2.]
28B.14D.030
28B.14D.030 Form, terms, conditions, sale and covenants of bonds and notes. The state finance committee is
authorized to prescribe the form, terms, conditions, and covenants of the bonds and the bond anticipation notes provided
for in RCW 28B.14D.010 and 28B.14D.020, the time or
times of sale of all or any portion of them, and the conditions
and manner of their sale and issuance.
Each bond and bond anticipation note shall pledge the
full faith and credit of the state of Washington and shall contain an unconditional promise to pay the principal thereof and
interest thereon when due. [1979 ex.s. c 253 § 3.]
28B.14D.040 Disposition of proceeds from sale of
bonds and notes—Higher education construction
account. The proceeds from the sale of the bonds authorized
in this chapter, together with all grants, donations, transferred
funds, and all other moneys which the state finance committee or the board of regents or board of trustees of any of the
state institutions of higher education may direct the state treasurer to deposit therein, shall be deposited in the higher education construction account hereby created in the state treasury. [1991 sp.s. c 13 § 8; 1985 c 57 § 13; 1979 ex.s. c 253 §
4.]
28B.14D.040
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
(2008 Ed.)
28B.14D.080
28B.14D.050 Administration and use of proceeds
from bonds and notes. Subject to legislative appropriation,
all proceeds of the bonds and bond anticipation notes authorized in this chapter shall be administered and expended by
the boards of regents or the boards of trustees of the state
institutions of higher education exclusively for the purposes
specified in this chapter and for the payment of the expenses
incurred in connection with the sale and issuance of such
bonds and bond anticipation notes. [1979 ex.s. c 253 § 5.]
28B.14D.050
28B.14D.060 Higher education bond retirement fund
of 1979—Created—Purpose—Treasurer’s duties. The
higher education bond retirement fund of 1979 is hereby created in the state treasury for the purpose of the payment of
principal of and interest on the bonds authorized to be issued
under this chapter or, if the legislature so determines, for any
bonds and notes hereafter authorized and issued for the institutions of higher education.
Upon completion of the projects for which appropriations have been made by the legislature, any proceeds of the
bonds and bond anticipation notes authorized by this chapter
remaining in the higher education construction account shall
be transferred by the state treasurer upon authorization of the
board of regents or the board of trustees of each institution, as
appropriate, to the higher education bond retirement fund of
1979 to reduce the transfer or transfers required by RCW
28B.14D.070.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and the interest coming due on the
bonds. Not less than thirty days prior to the date on which any
interest or principal and interest payment is due, the state
treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the higher education bond retirement fund of 1979 an amount equal to the
amount certified by the state finance committee to be due on
the payment date. [1979 ex.s. c 253 § 6.]
28B.14D.060
28B.14D.070 Building or capital projects account
moneys deposited in general fund. On or before June 30th
of each year the state finance committee shall determine the
relative shares of the principal and interest payments determined pursuant to RCW 28B.14D.060, exclusive of deposit
interest credit, attributable to each of the institutions of higher
education in proportion to the principal amount of bonds
issued under this chapter for purposes of funding projects for
each institution. On each date on which any interest or principal and interest payment is due, the board of regents or the
board of trustees of each institution of higher education shall
cause the amount so computed to be paid out of the appropriate building account or capital projects account to the state
treasurer for deposit into the general fund of the state treasury. [1979 ex.s. c 253 § 7.]
28B.14D.070
28B.14D.080 Bonds as legal investment for public
funds. The bonds authorized by this chapter shall constitute
a legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1979 ex.s. c
253 § 8.]
28B.14D.080
[Title 28B RCW—page 53]
28B.14D.090
Title 28B RCW: Higher Education
28B.14D.090
28B.14D.090 Prerequisite for issuance of bonds. The
bonds authorized by this chapter shall be issued only after an
officer designated by the board of regents or board of trustees
of each institution of higher education receiving an appropriation from the higher education construction account has certified, based upon his estimates of future tuition income and
other factors, that an adequate balance will be maintained in
that institution’s building account or capital projects account
to enable the board to meet the requirements of RCW
28B.14D.070 during the life of the bonds to be issued. [1979
ex.s. c 253 § 9.]
28B.14D.900
28B.14D.900 Construction—Provisions as subordinate in nature. No provision of this chapter or *chapter
43.99 RCW, or of RCW 28B.20.750 through 28B.20.758
shall be deemed to repeal, override, or limit any provision of
RCW 28B.10.300 through 28B.10.335, 28B.15.210,
28B.15.310, 28B.20.700 through 28B.20.745, 28B.30.700
through 28B.30.780, or 28B.35.700 through 28B.35.790, nor
any provision or covenant of the proceedings of the board of
regents or board of trustees of any state institution of higher
education heretofore or hereafter taken in the issuance of its
revenue bonds secured by a pledge of its building fees and/or
other revenues mentioned within such statutes. The obligation of such boards to make the transfers provided for in
RCW 28B.14D.070, 28B.14C.080(2), 28B.14C.090(2),
28B.14C.100(2), 28B.14C.110(2), 28B.14C.120(2),
28B.14C.130(2), 28B.14G.060, 28B.20.757, 43.99G.070,
and 43.99H.060 (1) and (4), and in any similar law heretofore
or hereafter enacted shall be subject and subordinate to the
lien and charge of any revenue bonds heretofore or hereafter
issued by such boards on the building fees and/or other revenues pledged to secure such revenue bonds, and on the moneys in the building account or capital project account and the
individual institutions of higher education bond retirement
funds. [1991 sp.s. c 31 § 9; 1985 c 390 § 9; 1979 ex.s. c 253
§ 10.]
*Reviser’s note: Chapter 43.99 RCW was recodified as chapter
79A.25 RCW pursuant to 1999 c 249 § 1601.
Severability—1991 sp.s. c 31: See RCW 43.99I.900.
28B.14D.950
28B.14D.950 Severability—1979 ex.s. c 253. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1979 ex.s. c 253 § 12.]
Chapter 28B.14E
Chapter 28B.14E RCW
1979 BOND ISSUE FOR CAPITAL IMPROVEMENTS
Sections
28B.14E.010 Bonds authorized—Amount—Conditions.
28B.14E.020 Bond anticipation notes—Authorized—Payment.
28B.14E.030 Form, terms, conditions, sale and covenants of bonds and
notes.
28B.14E.040 Disposition of proceeds from sale of bonds and notes—Use.
28B.14E.050 Existing fund utilized for payment of principal and interest—
Treasurer’s duties.
28B.14E.060 Bonds as legal investment for public funds.
28B.14E.950 Severability—1979 ex.s. c 223.
[Title 28B RCW—page 54]
28B.14E.010 Bonds authorized—Amount—Conditions. For the purpose of providing needed capital improvements consisting of the acquisition, construction, remodeling,
furnishing and equipping of state buildings and facilities for
the institutions of higher education, the state finance committee is authorized to issue general obligation bonds of the state
of Washington in the sum of fourteen million dollars, or so
much thereof as may be required, to finance these projects,
and all costs incidental thereto. No bonds authorized by this
chapter shall be offered for sale without prior legislative
appropriation, and these bonds shall be paid and discharged
within thirty years of the date of issuance in accordance with
Article VIII, section 1 of the state Constitution. [1979 ex.s. c
223 § 1.]
28B.14E.010
28B.14E.020 Bond anticipation notes—Authorized—Payment. When the state finance committee has
determined to issue the general obligation bonds or a portion
thereof as authorized in RCW 28B.14E.010, it may, pending
the issuance thereof, issue in the name of the state temporary
notes in anticipation of the issuance of the bonds, which notes
shall be designated as "bond anticipation notes". Such portion
of the proceeds of the sale of the bonds as may be required for
the payment of principal of and redemption premium, if any,
and interest on the notes shall be applied thereto when the
bonds are issued. [1979 ex.s. c 223 § 2.]
28B.14E.020
28B.14E.030 Form, terms, conditions, sale and covenants of bonds and notes. The state finance committee is
authorized to prescribe the form, terms, conditions, and covenants of the bonds and/or the bond anticipation notes provided for in RCW 28B.14E.010 and 28B.14E.020, the time or
times of sale of all or any portion of them, and the conditions
and manner of their sale and issuance.
Each bond and bond anticipation note shall pledge the
full faith and credit of the state of Washington and shall contain an unconditional promise to pay the principal thereof and
interest thereon when due. [1979 ex.s. c 223 § 3.]
28B.14E.030
28B.14E.040 Disposition of proceeds from sale of
bonds and notes—Use. Except for that portion of the proceeds required to pay bond anticipation notes under RCW
28B.14E.020, the proceeds from the sale of the bonds and/or
bond anticipation notes authorized in this chapter, together
with all grants, donations, transferred funds, and all other
moneys which the state finance committee may direct the
state treasurer to deposit therein, shall be deposited in the
state higher education construction account of the general
fund in the state treasury. All such proceeds shall be used
exclusively for the purposes specified in this chapter and for
the payment of the expenses incurred in connection with the
sale and issuance of the bonds and bond anticipation notes.
[1979 ex.s. c 223 § 4.]
28B.14E.040
28B.14E.050 Existing fund utilized for payment of
principal and interest—Treasurer’s duties. The state
higher education bond retirement fund of 1977 in the state
treasury shall be used for the purpose of the payment of principal of and interest on the bonds authorized to be issued
under this chapter or, if the legislature so determines, for any
28B.14E.050
(2008 Ed.)
Bond Issues for Capital Improvements
bonds and notes hereafter authorized and issued for the institutions of higher education.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and the interest coming due on the
bonds. Not less than thirty days prior to the date on which any
interest or principal and interest payment is due, the state
treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the state higher
education bond retirement fund of 1977 an amount equal to
the amount certified by the state finance committee to be due
on the payment date. [1979 ex.s. c 223 § 5.]
28B.14E.060 Bonds as legal investment for public
funds. The bonds authorized in RCW 28B.14E.010 through
28B.14E.050 shall constitute a legal investment for all state
funds or for funds under state control and all funds of municipal corporations. [1979 ex.s. c 223 § 6.]
28B.14F.060
the institutions of higher education, including facilities for
the community college system, the state finance committee is
authorized to issue general obligation bonds of the state of
Washington in the sum of eight million one hundred thousand dollars, or so much thereof as may be required, to
finance these projects, and all costs incidental thereto. No
bonds authorized by this section may be offered for sale without prior legislative appropriation. [1981 c 232 § 1.]
28B.14F.020 Bonds to pledge credit of state, promise
to pay. Each bond shall pledge the full faith and credit of the
state of Washington and shall contain an unconditional promise to pay the principal thereof and interest thereon when due.
[1981 c 232 § 2.]
28B.14F.020
28B.14E.060
28B.14E.950 Severability—1979 ex.s. c 223. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1979 ex.s. c 223 § 8.]
28B.14E.950
Chapter 28B.14F RCW
BOND ISSUES FOR CAPITAL IMPROVEMENTS
Chapter 28B.14F
Sections
1981 BOND ISSUE
28B.14F.010
28B.14F.020
28B.14F.030
28B.14F.040
28B.14F.050
Bonds authorized—Amount—Condition.
Bonds to pledge credit of state, promise to pay.
Disposition of proceeds from sale of bonds—Use.
Existing fund utilized for payment of principal and interest—Committee and treasurer’s duties.
Bonds as legal investment for public funds.
1983 BOND ISSUE
28B.14F.060
28B.14F.062
28B.14F.064
28B.14F.066
28B.14F.068
Bonds authorized—Amount—Condition.
Disposition of proceeds from sale of bonds—Use.
Existing fund utilized for payment of principal and interest—Committee and treasurer’s duties—Form and conditions of bonds.
Refunding bonds—Legislature may provide additional
means for payment.
Bonds as legal investment for public funds.
1984 BOND ISSUE
28B.14F.070
28B.14F.072
28B.14F.074
28B.14F.076
28B.14F.078
Bonds authorized—Amount—Condition.
Disposition of proceeds from sale of bonds—Use.
Existing fund utilized for payment of principal and interest.
Legislature may provide additional methods of raising
money.
Bonds as legal investment for public funds.
28B.14F.950
28B.14F.951
28B.14F.952
Severability—1981 c 232.
Severability—1983 1st ex.s. c 58.
Severability—1984 c 264.
CONSTRUCTION
1981 BOND ISSUE
28B.14F.010 Bonds authorized—Amount—Condition. For the purpose of providing needed capital improvements consisting of the acquisition, construction, remodeling,
furnishing and equipping of state buildings and facilities for
28B.14F.030 Disposition of proceeds from sale of
bonds—Use. The proceeds from the sale of the bonds authorized in RCW 28B.14F.010 through 28B.14F.050, together
with all grants, donations, transferred funds, and all other
moneys which the state finance committee may direct the
state treasurer to deposit therein, shall be deposited in the
state higher education construction account of the general
fund in the state treasury. All such proceeds shall be used
exclusively for the purposes specified in RCW 28B.14F.010
through 28B.14F.050 and for the payment of the expenses
incurred in connection with the sale and issuance of the
bonds. [1981 c 232 § 3.]
28B.14F.030
28B.14F.040 Existing fund utilized for payment of
principal and interest—Committee and treasurer’s
duties. The state higher education bond retirement fund of
1977 in the state treasury shall be used for the purpose of the
payment of principal of and interest on the bonds authorized
to be issued under RCW 28B.14F.010 through 28B.14F.050.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and the interest coming due on the
bonds. Not less than thirty days prior to the date on which any
interest or principal and interest payment is due, the state
treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the state higher
education bond retirement fund of 1977 an amount equal to
the amount certified by the state finance committee to be due
on the payment date.
The owner and holder of each of the bonds or the trustee
for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and
payment of funds as directed in this section. [1981 c 232 § 4.]
28B.14F.040
28B.14F.050 Bonds as legal investment for public
funds. The bonds authorized in RCW 28B.14F.010 through
28B.14F.040 shall constitute a legal investment for all state
funds or for funds under state control and all funds of municipal corporations. [1981 c 232 § 5.]
28B.14F.050
1983 BOND ISSUE
28B.14F.010
(2008 Ed.)
28B.14F.060 Bonds authorized—Amount—Condition. For the purpose of providing needed capital improve28B.14F.060
[Title 28B RCW—page 55]
28B.14F.062
Title 28B RCW: Higher Education
ments consisting of the acquisition, construction, remodeling,
furnishing and equipping of state buildings and facilities for
the institutions of higher education, including facilities for
the community college system, the state finance committee is
authorized to issue general obligation bonds of the state of
Washington in the sum of eleven million two hundred fifty
thousand dollars, or so much thereof as may be required, to
finance these projects and all costs incidental thereto. No
bonds authorized in this section may be offered for sale without prior legislative appropriation. [1983 1st ex.s. c 58 § 1.]
28B.14F.062 Disposition of proceeds from sale of
bonds—Use. The proceeds from the sale of the bonds authorized in RCW 28B.14F.060, together with all grants, donations, transferred funds, and all other moneys which the state
finance committee may direct the state treasurer to deposit
therein, shall be deposited in the state higher education construction account in the general fund and shall be used exclusively for the purposes specified in RCW 28B.14F.060 and
for the payment of expenses incurred in the issuance and sale
of the bonds. [1983 1st ex.s. c 58 § 2.]
28B.14F.062
28B.14F.064 Existing fund utilized for payment of
principal and interest—Committee and treasurer’s
duties—Form and conditions of bonds. The state higher
education bond retirement fund of 1977 shall be used for the
payment of the principal of and interest on the bonds authorized in RCW 28B.14F.060.
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount needed
in the ensuing twelve months to meet the bond retirement and
interest requirements. Not less than thirty days prior to the
date on which any interest or principal and interest payment
is due, the state treasurer shall withdraw from any general
state revenues received in the state treasury and deposit in the
state higher education bond retirement fund of 1977 an
amount equal to the amount certified by the state finance
committee to be due on the payment date.
Bonds issued under RCW 28B.14F.060 shall state that
they are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due.
The owner and holder of each of the bonds or the trustee
for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and
payment of funds as directed in this section. [1983 1st ex.s. c
58 § 3.]
28B.14F.064
28B.14F.066 Refunding bonds—Legislature may
provide additional means for payment. The legislature
may provide additional means for raising moneys for the payment of the principal of and interest on the bonds authorized
in RCW 28B.14F.060, and RCW 28B.14F.064 shall not be
deemed to provide an exclusive method for the payment.
[1983 1st ex.s. c 58 § 4.]
28B.14F.066
28B.14F.068 Bonds as legal investment for public
funds. The bonds authorized in RCW 28B.14F.060 shall be
28B.14F.068
[Title 28B RCW—page 56]
a legal investment for all state funds or funds under state control and for all funds of any other public body. [1983 1st ex.s.
c 58 § 5.]
1984 BOND ISSUE
28B.14F.070
28B.14F.070 Bonds authorized—Amount—Condition. For the purpose of acquiring land and providing needed
capital improvements consisting of the acquisition, design,
construction, repair, modification, and equipping of state
buildings and facilities, including heating and utility distribution systems, for the community college system and the University of Washington, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of eight million six hundred seventy
thousand dollars, or so much thereof as may be required, to
finance these projects and all costs incidental thereto. Bonds
authorized in this section may be sold at such price as the
state finance committee shall determine. No bonds authorized in this section may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the
bonds. [1984 c 264 § 1.]
28B.14F.072
28B.14F.072 Disposition of proceeds from sale of
bonds—Use. The proceeds from the sale of the bonds authorized in RCW 28B.14F.070, together with all grants, donations, transferred funds, and all other moneys which the state
finance committee may direct the state treasurer to deposit
therein, shall be deposited in the state higher education construction account in the general fund and shall be used exclusively for the purposes specified in RCW 28B.14F.070 and
for the payment of expenses incurred in the issuance and sale
of the bonds. [1984 c 264 § 2.]
28B.14F.074
28B.14F.074 Existing fund utilized for payment of
principal and interest. The state higher education bond
retirement fund of 1977 shall be used for the payment of the
principal of and interest on the bonds authorized in RCW
28B.14F.070.
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount needed
in the ensuing twelve months to meet the bond retirement and
interest requirements. Not less than thirty days prior to the
date on which any interest or principal and interest payment
is due, the state treasurer shall withdraw from any general
state revenues received in the state treasury and deposit in the
state higher education bond retirement fund of 1977 an
amount equal to the amount certified by the state finance
committee to be due on the payment date.
Bonds issued under RCW 28B.14F.070 shall state that
they are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due.
The owner and holder of each of the bonds or the trustee
for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and
payment of funds as directed in this section. [1984 c 264 § 3.]
(2008 Ed.)
1981 Bond Issue for Capital Improvements (1981 c 233)
28B.14F.076 Legislature may provide additional
methods of raising money. The legislature may provide
additional means for raising moneys for the payment of the
principal of and interest on the bonds authorized in RCW
28B.14F.070, and RCW 28B.14F.074 shall not be deemed to
provide an exclusive method for the payment. [1984 c 264 §
4.]
28B.14F.076
28B.14F.078 Bonds as legal investment for public
funds. The bonds authorized in RCW 28B.14F.070 shall be
a legal investment for all state funds or funds under state control and for all funds of any other public body. [1984 c 264 §
5.]
28B.14F.078
CONSTRUCTION
28B.14F.950 Severability—1981 c 232. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1981 c 232 § 6.]
28B.14F.950
28B.14G.060
lion dollars, or so much thereof as may be required, to finance
these projects and all costs incidental thereto. No bonds
authorized by this section may be offered for sale without
prior legislative appropriation. [1981 c 233 § 1.]
28B.14G.020 Bonds to pledge credit of state, promise
to pay. Each bond shall pledge the full faith and credit of the
state of Washington and shall contain an unconditional promise to pay the principal thereof and interest thereon when due.
[1981 c 233 § 2.]
28B.14G.020
28B.14G.030 Disposition of proceeds from sale of
bonds. The proceeds from the sale of the bonds authorized in
this chapter, together with all grants, donations, transferred
funds, and all other moneys which the state finance committee or the board of regents or board of trustees of any of the
state institutions of higher education may direct the state treasurer to deposit therein, shall be deposited in the higher education construction account of the general fund. [1981 c 233
§ 3.]
28B.14G.030
28B.14G.040 Administration and expenditure of
proceeds from sale of bonds—Condition. Subject to legislative appropriation, all proceeds of the bonds authorized in
this chapter shall be administered and expended by the
boards of regents or the boards of trustees of the state institutions of higher education exclusively for the purposes specified in this chapter and for the payment of the expenses
incurred in connection with the sale and issuance of such
bonds. [1981 c 233 § 4.]
28B.14G.040
28B.14F.951 Severability—1983 1st ex.s. c 58. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1983 1st ex.s. c 58 § 6.]
28B.14F.951
28B.14F.952 Severability—1984 c 264. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1984 c 264 § 6.]
28B.14F.952
Chapter 28B.14G RCW
1981 BOND ISSUE FOR CAPITAL IMPROVEMENTS
(1981 C 233)
Chapter 28B.14G
Sections
28B.14G.010
28B.14G.020
28B.14G.030
28B.14G.040
28B.14G.050
28B.14G.060
28B.14G.070
28B.14G.080
28B.14G.900
28B.14G.950
Bonds authorized—Amount—Condition.
Bonds to pledge credit of state, promise to pay.
Disposition of proceeds from sale of bonds.
Administration and expenditure of proceeds from sale of
bonds—Condition.
Existing fund utilized for payment of principal and interest—
Committee and treasurer’s duties.
Apportioning shares of principal and interest payments—
Committee and treasurer’s duties.
Bonds as legal investment for public funds.
Issuance of bonds subject to certification of maintenance of
fund balances.
Construction—Provisions as subordinate in nature.
Severability—1981 c 233.
28B.14G.010 Bonds authorized—Amount—Condition. For the purpose of providing needed capital improvements consisting of the acquisition, construction, remodeling,
furnishing, and equipping of state buildings and facilities for
the institutions of higher education and capital improvements
consisting of land acquisition, construction, remodeling, furnishing, and equipping of the hospital and related facilities
for the University of Washington, the state finance committee
is authorized to issue from time to time general obligation
bonds of the state of Washington in the sum of eighty-six mil28B.14G.010
(2008 Ed.)
28B.14G.050 Existing fund utilized for payment of
principal and interest—Committee and treasurer’s
duties. The higher education bond retirement fund of 1979
shall be used for the purpose of the payment of principal of
and interest on the bonds authorized to be issued under this
chapter.
Upon completion of the projects for which appropriations have been made by the legislature, any proceeds of the
bonds authorized by this chapter remaining in the higher education construction account shall be transferred by the state
treasurer upon authorization of the board of regents or the
board of trustees of each institution, as appropriate, to the
higher education bond retirement fund of 1979 to reduce the
transfer or transfers required by RCW 28B.14G.060.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and the interest coming due on the
bonds. Not less than thirty days prior to the date on which any
interest or principal and interest payment is due, the state
treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the higher education bond retirement fund of 1979 an amount equal to the
amount certified by the state finance committee to be due on
the payment date. [1981 c 233 § 5.]
28B.14G.050
28B.14G.060 Apportioning shares of principal and
interest payments—Committee and treasurer’s duties.
On or before June 30th of each year the state finance commit28B.14G.060
[Title 28B RCW—page 57]
28B.14G.070
Title 28B RCW: Higher Education
tee shall determine the relative shares of the principal and
interest payments determined under RCW 28B.14G.050,
exclusive of deposit interest credit, attributable to each of the
institutions of higher education in proportion to the principal
amount of bonds issued under this chapter for purposes of
funding projects for each institution. On each date on which
any interest or principal and interest payment is due, the
board of regents or the board of trustees of each institution of
higher education shall cause the amount so computed to be
paid out of the appropriate building account or capital
projects account to the state treasurer for deposit into the general fund of the state treasury: PROVIDED, That the amount
of such principal and interest attributable to any hospitalrelated project at the University of Washington shall be paid
out of the appropriate local hospital account. [1981 c 233 §
6.]
28B.14G.070 Bonds as legal investment for public
funds. The bonds authorized by this chapter shall constitute
a legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1981 c 233
§ 7.]
University of Washington hospital local fund. [1985 c 390 §
10; 1982 1st ex.s. c 48 § 14; 1981 c 233 § 9.]
*Reviser’s note: RCW 28B.15.402 was repealed by 1995 1st sp.s. c 9
§ 13.
Severability—1982 1st ex.s. c 48: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 1st ex.s. c 48 § 23.]
28B.14G.950 Severability—1981 c 233. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1981 c 233 § 10.]
28B.14G.950
Chapter 28B.14H RCW
WASHINGTON’S FUTURE BOND ISSUE
Chapter 28B.14H
28B.14G.070
28B.14G.080 Issuance of bonds subject to certification of maintenance of fund balances. The bonds authorized by this chapter shall be issued only after an officer designated by the board of regents or board of trustees of each
institution of higher education receiving an appropriation
from the higher education construction account has certified,
based upon his estimates of future tuition income and other
factors, that an adequate balance will be maintained in that
institution’s building account or capital projects account to
enable the board to meet the requirements of RCW
28B.14G.060 during the life of the bonds to be issued: PROVIDED, That with respect to any hospital-related project at
the University of Washington, it shall be certified, based on
estimates of the hospital’s adjusted gross revenues and other
factors, that an adequate balance will be maintained in that
institution’s local hospital account to enable the board to
meet the requirements of RCW 28B.14G.060 during the life
of the bonds to be issued. [1981 c 233 § 8.]
28B.14G.080
28B.14G.900 Construction—Provisions as subordinate in nature. No provision of this chapter shall be deemed
to repeal, override, or limit any provision of RCW
28B.15.210, 28B.15.310, *28B.15.402, 28B.20.700 through
28B.20.745, 28B.30.700 through 28B.30.780, or 28B.35.700
through 28B.35.790, nor any provision or covenant of the
proceedings of the board of regents or board of trustees of
any state institution of higher education hereafter taken in the
issuance of its revenue bonds secured by a pledge of its building fees and/or other revenues mentioned within such statutes. The obligation of the board to make the transfers provided for in RCW 28B.14G.060, chapters 28B.14C and
28B.14D RCW, and RCW 28B.20.757 shall be subject and
subordinate to the lien and charge of any revenue bonds hereafter issued against building fees and/or other revenues
pledged to pay and secure such bonds, and on the moneys in
the building account, capital project account, the individual
institutions of higher education bond retirement funds and the
28B.14G.900
[Title 28B RCW—page 58]
Sections
28B.14H.005
28B.14H.010
28B.14H.020
28B.14H.030
28B.14H.040
28B.14H.050
28B.14H.060
28B.14H.070
28B.14H.080
28B.14H.090
28B.14H.100
28B.14H.110
Intent.
Definitions.
Washington’s future bonds authorized.
Bond issuance—Intent.
Terms and covenants.
Proceeds.
Projects for the 2005-07 and 2007-09 biennia—Intent.
Payment procedures.
Bonds—Legal investment for public funds.
Additional methods of paying debt service authorized.
Chapter supplemental.
Creation of the Gardner-Evans higher education construction
account.
28B.14H.900 Severability—2003 1st sp.s. c 18.
28B.14H.901 Short title.
28B.14H.902 Captions not law.
28B.14H.005 Intent. The state’s institutions of higher
education are a vital component of the future economic prosperity of our state. In order to ensure that Washington continues to be able to provide a highly qualified workforce that can
attract businesses and support the economic vitality of the
state, it is the intent of chapter 18, Laws of 2003 1st sp. sess.
to provide new money for capital projects to help fulfill
higher education needs across the state.
This new source of funding for the critical capital needs
of the state’s institutions of higher education furthers the mission of higher education and is intended to enhance the abilities of those institutions, over the next six years, to fulfill
their critical roles in maintaining and stimulating the state’s
economy.
It is the intent of the legislature that this new source of
funding not displace funding levels for the capital and operating budgets of the institutions of higher education. It is
instead intended that the new funding will allow the institutions, over the next three biennia, to use the current level of
capital funding to provide for many of those urgent preservation, replacement, and maintenance needs that have been
deferred. This approach is designed to maintain or improve
the current infrastructure of our institutions of higher education, and simultaneously to provide new instruction and
research capacity to serve the increasing number of traditional college-aged students and those adults returning to college to update skills or retrain so that they can meet the
demands of Washington’s changing workforce. This new
source of funding may also be used for major preservation
28B.14H.005
(2008 Ed.)
Washington’s Future Bond Issue
projects that renovate, replace, or modernize facilities to
enhance capacity/access by maintaining or improving the
usefulness of existing space for important instruction and
research programs. [2003 1st sp.s. c 18 § 2.]
28B.14H.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Bonds" means bonds, notes, commercial paper, certificates of indebtedness, or other evidences of indebtedness
of the state issued under this chapter.
(2) "Institutions of higher education" means the University of Washington and Washington State University, Western Washington University at Bellingham, Central Washington University at Ellensburg, Eastern Washington University
at Cheney, The Evergreen State College, and the community
colleges and technical colleges as defined by RCW
28B.50.030.
(3) "Washington’s future bonds" means all or any portion of the general obligation bonds authorized in RCW
28B.14H.020. [2003 1st sp.s. c 18 § 3.]
28B.14H.010
28B.14H.020 Washington’s future bonds authorized.
(1) For the purpose of providing needed capital improvements consisting of the predesign, design, acquisition, construction, modification, renovation, expansion, equipping,
and other improvement of state buildings and facilities for the
institutions of higher education, the state finance committee
is authorized to issue general obligation bonds of the state of
Washington in the sum of seven hundred seventy-two million
five hundred thousand dollars, or so much thereof as may be
required, to finance all or a part of the cost of these projects
and all costs incidental thereto. The bonds issued under the
authority of this section shall be known as Washington’s
future bonds.
(2) Bonds authorized in this section shall be sold in the
manner, at the time or times, in amounts, and at such prices as
the state finance committee shall determine.
(3) No bonds authorized in this section may be offered
for sale without prior legislative appropriation of the net proceeds of the sale of the bonds. [2003 1st sp.s. c 18 § 4.]
28B.14H.020
28B.14H.030 Bond issuance—Intent. It is the intent
of the legislature that the proceeds of new bonds authorized
in this chapter will be appropriated in phases over three biennia, beginning with the 2003-2005 biennium, to provide additional funding for capital projects and facilities of the institutions of higher education above historical levels of funding.
This chapter is not intended to limit the legislature’s ability to appropriate bond proceeds if the full amount authorized
in this chapter has not been appropriated after three biennia,
and the authorization to issue bonds contained in this chapter
does not expire until the full authorization has been appropriated and issued. [2003 1st sp.s. c 18 § 5.]
28B.14H.030
28B.14H.040 Terms and covenants. (1) The state
finance committee is authorized to prescribe the form, terms,
conditions, and covenants of the bonds provided for in this
chapter, the time or times of sale of all or any portion of them,
and the conditions and manner of their sale and issuance.
28B.14H.040
(2008 Ed.)
28B.14H.060
(2) Bonds issued under this chapter shall state that they
are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due. [2003 1st sp.s. c 18 § 6.]
28B.14H.050 Proceeds. (1)(a) The proceeds from the
sale of the bonds authorized in RCW 28B.14H.020 shall be
deposited in the Gardner-Evans higher education construction account created in RCW 28B.14H.110.
(b) If the state finance committee deems it necessary to
issue the bonds authorized in RCW 28B.14H.020 as taxable
bonds in order to comply with federal internal revenue service rules and regulations pertaining to the use of nontaxable
bond proceeds, the proceeds of such taxable bonds shall be
deposited to the state taxable building construction account in
lieu of any deposit otherwise provided by this section. The
state treasurer shall submit written notice to the director of
financial management if it is determined that any such
deposit to the state taxable building construction account is
necessary. Moneys in the account may be spent only after
appropriation.
(2) The proceeds shall be used exclusively for the purposes in RCW 28B.14H.020 and for the payment of the
expenses incurred in connection with the sale and issuance of
the bonds. [2005 c 487 § 6; 2003 1st sp.s. c 18 § 7.]
28B.14H.050
Severability—Effective date—2005 c 487: See RCW 43.99S.900 and
43.99S.901.
28B.14H.060 Projects for the 2005-07 and 2007-09
biennia—Intent. The legislature intends to use the proceeds
from the sale of bonds issued under this chapter for the following projects during the 2005-07 and 2007-09 biennia:
(1) For the University of Washington:
(a) Life sciences I building;
(b) Bothell branch campus phase 2B;
(2) For Washington State University:
(a) Spokane Riverpoint campus - academic center building;
(b) Pullman campus - Holland Library renovation;
(c) Pullman campus - biotechnology/life sciences 1;
(d) TriCities campus - bioproducts and sciences building; and
(e) Intercollegiate College of Nursing, Spokane - nursing
building at Riverpoint;
(3) For Eastern Washington University: Hargreaves
Hall;
(4) For Central Washington University: Hogue technology;
(5) For The Evergreen State College:
(a) Daniel J. Evans building;
(b) Communications building and theater expansion;
(6) For Western Washington University:
(a) Academic instructional center;
(b) Parks Hall;
(c) Performing Arts Center renovation;
(7) For the community and technical college system:
(a) Green River Community College science building;
(b) Walla Walla Community College basic skills/computer lab;
28B.14H.060
[Title 28B RCW—page 59]
28B.14H.070
Title 28B RCW: Higher Education
(c) Pierce College Puyallup, communication arts and
allied health; or
(8) For other projects that maintain or increase access to
institutions of higher education. [2003 1st sp.s. c 18 § 8.]
28B.14H.070 Payment procedures. (1) The debt-limit
general fund bond retirement account shall be used for the
payment of the principal of and interest on the bonds authorized in this chapter.
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond retirement and interest requirements on the bonds authorized in
this chapter.
(3) On each date on which any interest or principal and
interest payment is due on bonds issued under this chapter,
the state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the debtlimit general fund bond retirement account an amount equal
to the amount certified by the state finance committee to be
due on the payment date.
(4) The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section. [2003 1st
sp.s. c 18 § 9.]
application of the provision to other persons or circumstances
is not affected. [2003 1st sp.s. c 18 § 15.]
28B.14H.901 Short title. This act shall be known as the
building Washington’s future act. [2003 1st sp.s. c 18 § 1.]
28B.14H.901
28B.14H.070
28B.14H.080 Bonds—Legal investment for public
funds. The bonds authorized by this chapter shall constitute
a legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [2003 1st
sp.s. c 18 § 10.]
28B.14H.080
28B.14H.090 Additional methods of paying debt service authorized. The legislature may provide additional
means for raising moneys for the payment of the principal of
and interest on the bonds authorized under this chapter, and
RCW 28B.14H.070 shall not be deemed to provide an exclusive method for payment. [2003 1st sp.s. c 18 § 11.]
28B.14H.090
28B.14H.100 Chapter supplemental. This chapter
provides a complete, additional, and alternative method for
accomplishing the purposes of this chapter and is supplemental and additional to powers conferred by other laws. The
issuance of bonds under this chapter shall not be deemed to
be the only method to fund projects under this chapter. [2003
1st sp.s. c 18 § 12.]
28B.14H.100
28B.14H.110 Creation of the Gardner-Evans higher
education construction account. The Gardner-Evans
higher education construction account is created in the state
treasury. Proceeds from the bonds issued under RCW
28B.14H.020 shall be deposited in the account. The account
shall be used for purposes of RCW 28B.14H.020. Moneys in
the account may be spent only after appropriation. [2003 1st
sp.s. c 18 § 13.]
28B.14H.110
28B.14H.900 Severability—2003 1st sp.s. c 18. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
28B.14H.900
[Title 28B RCW—page 60]
28B.14H.902 Captions not law. Captions used in this
act are not any part of the law. [2003 1st sp.s. c 18 § 14.]
28B.14H.902
Chapter 28B.15
Chapter 28B.15 RCW
COLLEGE AND UNIVERSITY FEES
Sections
28B.15.005
28B.15.011
"Colleges and universities" defined.
Classification as resident or nonresident student—Legislative intent.
28B.15.012 Classification as resident or nonresident student—Definitions.
28B.15.013 Classification as resident or nonresident student—Standards
for determining domicile in the state—Presumptions—
Cut-off date for classification application change.
28B.15.0131 Resident tuition rates—American Indian students.
28B.15.0139 Resident tuition rates—Border county higher education
opportunity project.
28B.15.014 Exemption from nonresident tuition fees differential.
28B.15.015 Classification as resident or nonresident student—Board to
adopt rules relating to students’ residency status, recovery
of fees.
28B.15.020 "Tuition fees" defined—Use.
28B.15.022 "Nonresident tuition fees differential" defined.
28B.15.025 "Building fees" defined—Use.
28B.15.031 "Operating fees"—Defined—Disposition.
28B.15.041 "Services and activities fees" defined.
28B.15.043 "Services and activities fees"—Allocations from for institutional loan fund for needy students.
28B.15.044 Services and activities fees—Legislative declaration on
expenditure.
28B.15.045 Services and activities fees—Guidelines governing establishment and funding of programs supported by—Scope—
Mandatory provisions—Dispute resolution.
28B.15.051 "Technology fees"—Defined—Use—Student government
approval.
28B.15.065 Adjustment of state appropriations for needy student financial aid.
28B.15.066 General fund appropriations to institutions of higher education.
28B.15.067 Tuition fees—Established.
28B.15.068 Tuition fees increase limitations—State funding goals—
Reports—"Global challenge states."
28B.15.0681 Tuition billing statements—Disclosures to students.
28B.15.069 Building fees—Services and activities fees—Other fees.
28B.15.100 Tuition and fees set by individual institutions—Limitations—Tuition and fees for certain part-time, additional
time, and out-of-state students.
28B.15.110 Tuition and fees when joint program of four year institutions—Supplemental fees, when.
28B.15.210 Fees—University of Washington—Disposition of building
fees.
28B.15.220 Fees—University of Washington—Disposition of special
fees.
28B.15.225 Exemption from fees of schools of medicine or dentistry at
University of Washington—Exemption from nonresident
tuition fees differential for participants in the Washington,
Alaska, Montana, Idaho, or Wyoming program at Washington State University.
28B.15.310 Fees—Washington State University—Disposition of building fees.
28B.15.380 Exemption from payment of fees at state universities,
regional universities, and The Evergreen State College—
Children of certain law enforcement officers or firefighters.
28B.15.385 "Totally disabled" defined for certain purposes.
28B.15.411 Fees—Installment payments.
28B.15.450 Gender equity—Intent.
28B.15.455 Gender equity—Goals.
28B.15.460 Gender equity—Tuition and fee waivers—Institutional plan
for underrepresented gender class.
28B.15.465 Gender equity—Reports.
(2008 Ed.)
College and University Fees
28B.15.470
28B.15.475
28B.15.515
28B.15.520
28B.15.522
28B.15.524
28B.15.526
28B.15.527
28B.15.540
28B.15.543
28B.15.544
28B.15.545
28B.15.546
28B.15.555
28B.15.556
28B.15.558
28B.15.600
28B.15.605
28B.15.610
28B.15.615
28B.15.621
28B.15.625
28B.15.700
28B.15.725
28B.15.730
28B.15.732
28B.15.734
28B.15.736
28B.15.740
28B.15.750
28B.15.752
28B.15.754
28B.15.756
28B.15.758
28B.15.760
28B.15.762
28B.15.764
28B.15.766
28B.15.790
28B.15.792
28B.15.794
28B.15.796
28B.15.800
28B.15.805
28B.15.820
(2008 Ed.)
Gender equity—"Underrepresented gender class," "equitable" defined.
Gender equity—Construction—1989 c 340.
Community colleges—State-funded enrollment levels—
Summer school—Enrollment level variances.
Waiver of fees and nonresident tuition fees differential—
Community colleges.
Waiver of tuition and fees for long-term unemployed or
underemployed persons—Community colleges.
Community college international student exchange program.
Community college international student exchange program—Resident tuition for participants authorized.
Waiver of nonresident tuition fees differential for students of
foreign nations—Community colleges.
Waiver of tuition and fees for residents sixty years of age or
older—Limitations.
Waiver or grant of tuition and fees for recipients of the Washington scholars award—Qualifications.
Waiver of nonresident tuition fees differential for western
undergraduate exchange program students.
Waiver of tuition and fees for recipients of the Washington
award for vocational excellence—Grants.
Second-year waiver of tuition and fees for recipients of the
Washington award for vocational excellence.
Waiver of tuition and fees for students of foreign nations—
Intent.
Waiver of tuition and fees for students of foreign nations—
Authorized—Limitations.
Waiver of tuition and fees for state employees and educational employees.
Refunds or cancellation of fees—Four-year institutions of
higher education.
Refunds or cancellation of fees—Community colleges and
technical colleges.
Voluntary fees of students.
Exemption from resident operating fees and technology fees
for persons holding graduate service appointments.
Tuition waivers—Veterans and national guard members—
Dependents—Private institutions.
Rights of Washington national guard and other military
reserve students called to active service.
Nonresident tuition fees—Exemption under Western
regional higher education compact contracts.
Home tuition programs.
Waiver of nonresident tuition fees differential—Washington/Oregon reciprocity program.
Washington/Oregon reciprocity tuition and fee program—
Reimbursement when greater net revenue loss.
Washington/Oregon reciprocity tuition and fee program—
Implementation agreement.
Washington/Oregon reciprocity tuition and fee program—
Program review.
Limitation on total tuition and fee waivers.
Waiver of nonresident tuition fees differential—Washington/Idaho reciprocity program.
Washington/Idaho reciprocity tuition and fee program—
Reimbursement when greater net revenue loss.
Washington/Idaho reciprocity tuition and fee program—
Implementation agreement—Program review.
Waiver of nonresident tuition fees differential—Washington/British Columbia reciprocity program.
Washington/British Columbia reciprocity tuition and fee program—Implementation agreement—Program review.
Loan program for mathematics and science teachers—Definitions.
Loan program for mathematics and science teachers—Terms
and conditions—Collection—Disposition of payments—
Rules.
Loan program for mathematics and science teachers—Cooperation by board and institutions of higher education.
Loan program for mathematics and science teachers—Duration—Legislative budget committee review.
Effective communication—Intent.
Effective communication—Principles.
Effective communication—Implementation of principles.
Effective communication—Task force to improve communication and teaching skills of faculty and teaching assistants.
Pledged bond retirement funds to be set aside from tuition
and fees—1977 ex.s. c 322.
Pledged bond retirement funds to be set aside from tuition
and fees—1981 c 257.
Institutional financial aid fund—"Eligible student" defined.
28B.15.900
28B.15.910
28B.15.915
28B.15.012
"State universities," "regional universities," "state college,"
"institutions of higher education," and "postsecondary
institutions" defined.
Limitation on total operating fees revenue waived, exempted,
or reduced—Outreach to veterans.
Waiver of operating fees—Report.
Uniform minor student capacity to borrow act: Chapter 26.30 RCW.
28B.15.005 "Colleges and universities" defined. (1)
"Colleges and universities" for the purposes of this chapter
shall mean Central Washington University at Ellensburg,
Eastern Washington University at Cheney, Western Washington University at Bellingham, The Evergreen State College in Thurston county, community colleges as are provided
for in chapter 28B.50 RCW, the University of Washington,
and Washington State University.
(2) "State universities" for the purposes of this chapter
shall mean the University of Washington and Washington
State University.
(3) "Regional universities" for the purposes of this chapter shall mean Central Washington University, Eastern
Washington University and Western Washington University.
[1977 ex.s. c 169 § 33; 1971 ex.s. c 279 § 1.]
28B.15.005
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Severability—1971 ex.s. c 279: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 ex.s. c 279 § 25.]
28B.15.011 Classification as resident or nonresident
student—Legislative intent. It is the intent of the legislature
that the state institutions of higher education shall apply uniform rules as prescribed in RCW 28B.15.012 through
28B.15.014, and not otherwise, in determining whether students shall be classified as resident students or nonresident
students for all tuition and fee purposes. [1971 ex.s. c 273 §
1.]
28B.15.011
Severability—1971 ex.s. c 273: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provisions to other persons or
circumstances is not affected." [1971 ex.s. c 273 § 6.]
28B.15.012 Classification as resident or nonresident
student—Definitions. Whenever used in chapter 28B.15
RCW:
(1) The term "institution" shall mean a public university,
college, or community college within the state of Washington.
(2) The term "resident student" shall mean:
(a) A financially independent student who has had a
domicile in the state of Washington for the period of one year
immediately prior to the time of commencement of the first
day of the semester or quarter for which the student has registered at any institution and has in fact established a bona
fide domicile in this state primarily for purposes other than
educational;
(b) A dependent student, if one or both of the student’s
parents or legal guardians have maintained a bona fide domicile in the state of Washington for at least one year immediately prior to commencement of the semester or quarter for
which the student has registered at any institution;
28B.15.012
[Title 28B RCW—page 61]
28B.15.012
Title 28B RCW: Higher Education
(c) A student classified as a resident based upon domicile
by an institution on or before May 31, 1982, who was
enrolled at a state institution during any term of the 19821983 academic year, so long as such student’s enrollment
(excepting summer sessions) at an institution in this state is
continuous;
(d) Any student who has spent at least seventy-five percent of both his or her junior and senior years in high schools
in this state, whose parents or legal guardians have been
domiciled in the state for a period of at least one year within
the five-year period before the student graduates from high
school, and who enrolls in a public institution of higher education within six months of leaving high school, for as long as
the student remains continuously enrolled for three quarters
or two semesters in any calendar year;
(e) Any person who has completed the full senior year of
high school and obtained a high school diploma, both at a
Washington public high school or private high school
approved under chapter 28A.195 RCW, or a person who has
received the equivalent of a diploma; who has lived in Washington for at least three years immediately prior to receiving
the diploma or its equivalent; who has continuously lived in
the state of Washington after receiving the diploma or its
equivalent and until such time as the individual is admitted to
an institution of higher education under subsection (1) of this
section; and who provides to the institution an affidavit indicating that the individual will file an application to become a
permanent resident at the earliest opportunity the individual
is eligible to do so and a willingness to engage in any other
activities necessary to acquire citizenship, including but not
limited to citizenship or civics review courses;
(f) A student who is on active military duty stationed in
the state or who is a member of the Washington national
guard;
(g) A student who is the spouse or a dependent of a person who is on active military duty stationed in the state. If the
person on active military duty is reassigned out-of-state, the
student maintains the status as a resident student so long as
the student is continuously enrolled in a degree program;
(h) A student who resides in the state of Washington and
is the spouse or a dependent of a person who is a member of
the Washington national guard;
(i) A student of an out-of-state institution of higher education who is attending a Washington state institution of
higher education pursuant to a home tuition agreement as
described in RCW 28B.15.725; or
(j) A student who meets the requirements of RCW
28B.15.0131: PROVIDED, That a nonresident student
enrolled for more than six hours per semester or quarter shall
be considered as attending for primarily educational purposes, and for tuition and fee paying purposes only such
period of enrollment shall not be counted toward the establishment of a bona fide domicile of one year in this state
unless such student proves that the student has in fact established a bona fide domicile in this state primarily for purposes
other than educational.
(3) The term "nonresident student" shall mean any student who does not qualify as a "resident student" under the
provisions of RCW 28B.15.012 and 28B.15.013. Except for
students qualifying under subsection (2)(e) or (i) of this section, a nonresident student shall include:
[Title 28B RCW—page 62]
(a) A student attending an institution with the aid of
financial assistance provided by another state or governmental unit or agency thereof, such nonresidency continuing for
one year after the completion of such semester or quarter.
(b) A person who is not a citizen of the United States of
America who does not have permanent or temporary resident
status or does not hold "Refugee-Parolee" or "Conditional
Entrant" status with the United States immigration and naturalization service or is not otherwise permanently residing in
the United States under color of law and who does not also
meet and comply with all the applicable requirements in
RCW 28B.15.012 and 28B.15.013.
(4) The term "domicile" shall denote a person’s true,
fixed and permanent home and place of habitation. It is the
place where the student intends to remain, and to which the
student expects to return when the student leaves without
intending to establish a new domicile elsewhere. The burden
of proof that a student, parent or guardian has established a
domicile in the state of Washington primarily for purposes
other than educational lies with the student.
(5) The term "dependent" shall mean a person who is not
financially independent. Factors to be considered in determining whether a person is financially independent shall be
set forth in rules and regulations adopted by the higher education coordinating board and shall include, but not be limited
to, the state and federal income tax returns of the person
and/or the student’s parents or legal guardian filed for the calendar year prior to the year in which application is made and
such other evidence as the board may require.
(6) The term "active military duty" means the person is
serving on active duty in:
(a) The armed forces of the United States government; or
(b) The Washington national guard; or
(c) The coast guard, merchant mariners, or other nonmilitary organization when such service is recognized by the
United States government as equivalent to service in the
armed forces. [2004 c 128 § 1; 2003 c 95 § 1; 2002 c 186 §
2. Prior: (2002 c 186 § 1 expired June 30, 2002); 2000 c 160
§ 1; 2000 c 117 § 2; (2000 c 117 § 1 expired June 30, 2002);
1999 c 320 § 5; 1997 c 433 § 2; 1994 c 188 § 2; 1993 sp.s. c
18 § 4; prior: 1987 c 137 § 1; 1987 c 96 § 1; 1985 c 370 § 62;
1983 c 285 § 1; 1982 1st ex.s. c 37 § 1; 1972 ex.s. c 149 § 1;
1971 ex.s. c 273 § 2.]
Intent—2003 c 95: "It is the intent of the legislature to ensure that students who receive a diploma from a Washington state high school or receive
the equivalent of a diploma in Washington state and who have lived in Washington for at least three years prior to receiving their diploma or its equivalent are eligible for in-state tuition rates when they enroll in a public institution of higher education in Washington state." [2003 c 95 § 2.]
Effective date—2003 c 95: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 95 § 4.]
Expiration date—2002 c 186 § 1: "Section 1 of this act expires June
30, 2002." [2002 c 186 § 4.]
Effective date—2002 c 186 § 2: "Section 2 of this act takes effect June
30, 2002." [2002 c 186 § 5.]
Effective date—2000 c 117 § 2: "Section 2 of this act takes effect June
30, 2002." [2000 c 117 § 5.]
Expiration date—2000 c 117 § 1: "Section 1 of this act expires June
30, 2002." [2000 c 117 § 4.]
Intent—Severability—1997 c 433: See notes following RCW
28B.15.725.
(2008 Ed.)
College and University Fees
Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060.
Effective date—1982 1st ex.s. c 37: "Sections 13 and 14 of this amendatory act are necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its existing public
institutions, and shall take effect immediately. All other sections of this
amendatory act shall take effect on June 1, 1982." [1982 1st ex.s. c 37 § 24.]
Severability—1982 1st ex.s. c 37: "If any provision of this amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1982 1st ex.s. c 37 § 23.]
Severability—1971 ex.s. c 273: See note following RCW 28B.15.011.
28B.15.013
28B.15.013 Classification as resident or nonresident
student—Standards for determining domicile in the
state—Presumptions—Cut-off date for classification
application change. (1) The establishment of a new domicile in the state of Washington by a person formerly domiciled in another state has occurred if such person is physically
present in Washington primarily for purposes other than educational and can show satisfactory proof that such person is
without a present intention to return to such other state or to
acquire a domicile at some other place outside of Washington.
(2) Unless proven to the contrary it shall be presumed
that:
(a) The domicile of any person shall be determined
according to the individual’s situation and circumstances
rather than by marital status or sex.
(b) A person does not lose a domicile in the state of
Washington by reason of residency in any state or country
while a member of the civil or military service of this state or
of the United States, nor while engaged in the navigation of
the waters of this state or of the United States or of the high
seas if that person returns to the state of Washington within
one year of discharge from said service with the intent to be
domiciled in the state of Washington; any resident dependent
student who remains in this state when such student’s parents, having theretofore been domiciled in this state for a
period of one year immediately prior to the time of commencement of the first day of the semester or quarter for
which the student has registered at any institution, remove
from this state, shall be entitled to continued classification as
a resident student so long as such student’s attendance
(except summer sessions) at an institution in this state is continuous.
(3) To aid the institution in deciding whether a student,
parent, legally appointed guardian or the person having legal
custody of a student is domiciled in the state of Washington
primarily for purposes other than educational, the rules and
regulations adopted by the higher education coordinating
board shall include but not be limited to the following:
(a) Registration or payment of Washington taxes or fees
on a motor vehicle, mobile home, travel trailer, boat, or any
other item of personal property owned or used by the person
for which state registration or the payment of a state tax or fee
is required will be a factor in considering evidence of the
establishment of a Washington domicile.
(b) Permanent full time employment in Washington by a
person will be a factor in considering the establishment of a
Washington domicile.
(2008 Ed.)
28B.15.0139
(c) Registration to vote for state officials in Washington
will be a factor in considering the establishment of a Washington domicile.
(4) After a student has registered at an institution such
student’s classification shall remain unchanged in the
absence of satisfactory evidence to the contrary. A student
wishing to apply for a change in classification shall reduce
such evidence to writing and file it with the institution. In any
case involving an application for a change from nonresident
to resident status, the burden of proof shall rest with the applicant. Any change in classification, either nonresident to resident, or the reverse, shall be based upon written evidence
maintained in the files of the institution and, if approved,
shall take effect the semester or quarter such evidence was
filed with the institution: PROVIDED, That applications for
a change in classification shall be accepted up to the thirtieth
calendar day following the first day of instruction of the quarter or semester for which application is made. [1989 c 175 §
79; 1985 c 370 § 63; 1982 1st ex.s. c 37 § 2; 1979 ex.s. c 15
§ 1; 1972 ex.s. c 149 § 2; 1971 ex.s. c 273 § 3.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective date—Severability—1982 1st ex.s. c 37: See notes following RCW 28B.15.012.
Severability—1971 ex.s. c 273: See note following RCW 28B.15.011.
28B.15.0131 Resident tuition rates—American
Indian students. For the purposes of determining resident
tuition rates, resident students shall include American Indian
students who meet two conditions. First, for a period of one
year immediately prior to enrollment at a state institution of
higher education as defined in RCW 28B.10.016, the student
must have been domiciled in one or a combination of the following states: Idaho; Montana; Oregon; or Washington. Second, the students must be members of one of the federally
recognized Indian tribes whose traditional and customary
tribal boundaries included portions of the state of Washington, or whose tribe was granted reserved lands within the
state of Washington. Federal recognition of an Indian tribe
shall be as determined under 25 C.F.R. by the United States
bureau of Indian affairs.
Any student enrolled at a state institution of higher education as defined in RCW 28B.10.016 who is paying resident
tuition under this section, and who has not established domicile in the state of Washington at least one year before enrollment, shall not be included in any calculation of state-funded
enrollment for budgeting purposes, and no state general fund
moneys shall be appropriated to a state institution of higher
education for the support of such student. [2005 c 163 § 1;
1994 c 188 § 1.]
28B.15.0131
28B.15.0139 Resident tuition rates—Border county
higher education opportunity project. For the purposes of
determining resident tuition rates, "resident student" includes
a resident of Oregon, residing in Columbia, Gilliam, Hood
River, Multnomah, Clatsop, Clackamas, Morrow, Sherman,
Umatilla, Union, Wallowa, Wasco, or Washington county,
who meets the following conditions:
(1) The student is eligible to pay resident tuition rates
under Oregon laws and has been domiciled in Columbia, Gilliam, Hood River, Multnomah, Clatsop, Clackamas, Morrow,
28B.15.0139
[Title 28B RCW—page 63]
28B.15.014
Title 28B RCW: Higher Education
Sherman, Umatilla, Union, Wallowa, Wasco, or Washington
county for at least ninety days immediately before enrollment
at a community college located in Asotin, Benton, Clark,
Columbia, Cowlitz, Franklin, Garfield, Klickitat, Pacific,
Skamania, Wahkiakum, or Walla Walla county, Washington;
or
(2) The student is enrolled in courses located at the TriCities or Vancouver branch of Washington State University
for eight credits or less. [2003 c 159 § 4; 2002 c 130 § 3;
2000 c 160 § 2; 1999 c 320 § 4.]
28B.15.014 Exemption from nonresident tuition fees
differential. Subject to the limitations of RCW 28B.15.910,
the governing boards of the state universities, the regional
universities, The Evergreen State College, and the community colleges may exempt the following nonresidents from
paying all or a portion of the nonresident tuition fees differential:
(1) Any person who resides in the state of Washington
and who holds a graduate service appointment designated as
such by a public institution of higher education or is
employed for an academic department in support of the
instructional or research programs involving not less than
twenty hours per week during the term such person shall hold
such appointment.
(2) Any faculty member, classified staff member or
administratively exempt employee holding not less than a
half time appointment at an institution who resides in the
state of Washington, and the dependent children and spouse
of such persons.
(3) Any immigrant refugee and the spouse and dependent children of such refugee, if the refugee (a) is on parole
status, or (b) has received an immigrant visa, or (c) has
applied for United States citizenship.
(4) Any dependent of a member of the United States congress representing the state of Washington. [2000 c 117 § 3;
1997 c 433 § 3; 1993 sp.s. c 18 § 5; 1992 c 231 § 3. Prior:
1989 c 306 § 3; 1989 c 290 § 3; 1985 c 362 § 1; 1984 c 232 §
1; 1982 1st ex.s. c 37 § 3; 1971 ex.s. c 273 § 4.]
28B.15.014
Intent—Severability—1997 c 433: See notes following RCW
28B.15.725.
Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Intent—1989 c 290: See note following RCW 28B.15.725.
Severability—1984 c 232: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1984 c 232 § 2.]
Effective date—Severability—1982 1st ex.s. c 37: See notes following RCW 28B.15.012.
Severability—1971 ex.s. c 273: See note following RCW 28B.15.011.
28B.15.015 Classification as resident or nonresident
student—Board to adopt rules relating to students’ residency status, recovery of fees. The higher education coordinating board, upon consideration of advice from representatives of the state’s institutions with the advice of the attorney general, shall adopt rules and regulations to be used by
the state’s institutions for determining a student’s resident
and nonresident status and for recovery of fees for improper
28B.15.015
[Title 28B RCW—page 64]
classification of residency. [1985 c 370 § 64; 1982 1st ex.s. c
37 § 4.]
Effective date—Severability—1982 1st ex.s. c 37: See notes following RCW 28B.15.012.
28B.15.020 "Tuition fees" defined—Use. The term
"tuition fees" as used in this chapter shall mean the fees
charged students registering at the state’s colleges and universities which consist of:
(1) The "building fees" as defined in RCW 28B.15.025;
and
(2) The "operating fees" as defined in RCW 28B.15.031.
[1985 c 390 § 11; 1977 ex.s. c 169 § 34; 1969 ex.s. c 223 §
28B.15.020. Prior: (i) 1967 ex.s. c 8 § 31, part. Formerly
RCW 28.85.310, part. (ii) 1963 c 181 § 1, part; 1961 ex.s. c
10 § 1, part; 1959 c 186 § 1, part; 1947 c 243 § 1, part; 1945
c 187 § 1, part; 1933 c 169 § 1, part; 1931 c 48 § 1, part; 1921
c 139 § 1, part; 1919 c 63 § 1, part; 1915 c 66 § 2, part; RRS
§ 4546, part. Formerly RCW 28.77.030, part. (iii) 1963 c 180
§ 1, part; 1961 ex.s. c 11 § 1, part; 1949 c 73 § 1, part; 1931 c
49 § 1, part; 1921 c 164 § 1, part; Rem. Supp. 1949 § 4569,
part. Formerly RCW 28.80.030, part. (iv) 1967 c 47 § 10,
part; 1965 ex.s. c 147 § 1, part; 1963 c 143 § 1, part; 1961
ex.s. c 13 § 3, part. Formerly RCW 28.81.080, part.]
28B.15.020
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.15.022 "Nonresident tuition fees differential"
defined. Unless the context clearly requires otherwise, as
used in this chapter "nonresident tuition fees differential"
means the difference between resident tuition fees and nonresident tuition fees. [1992 c 231 § 32.]
28B.15.022
Effective date—1992 c 231: See note following RCW 28B.10.016.
28B.15.025 "Building fees" defined—Use. The term
"building fees" means the fees charged students registering at
the state’s colleges and universities, which fees are to be used
as follows: At the University of Washington, solely for the
purposes provided in RCW 28B.15.210; at Washington State
University, solely for the purposes provided in RCW
28B.15.310; at each of the regional universities and at The
Evergreen State College, solely for the purposes provided in
RCW 28B.35.370; and at the community colleges, for the
purposes provided in RCW 28B.50.320, 28B.50.360 and
28B.50.370. The term "building fees" is a renaming of the
"general tuition fee," and shall not be construed to affect otherwise moneys pledged to, or used for bond retirement purposes. [1985 c 390 § 12.]
28B.15.025
28B.15.031 "Operating fees"—Defined—Disposition. The term "operating fees" as used in this chapter shall
include the fees, other than building fees, charged all students
registering at the state’s colleges and universities but shall
not include fees for short courses, self-supporting degree
credit programs and courses, marine station work, experimental station work, correspondence or extension courses,
and individual instruction and student deposits or rentals, disciplinary and library fines, which colleges and universities
shall have the right to impose, laboratory, gymnasium,
health, technology and student activity fees, or fees, charges,
28B.15.031
(2008 Ed.)
College and University Fees
rentals, and other income derived from any or all revenue
producing lands, buildings and facilities of the colleges or
universities heretofore or hereafter acquired, constructed or
installed, including but not limited to income from rooms,
dormitories, dining rooms, hospitals, infirmaries, housing or
student activity buildings, vehicular parking facilities, land,
or the appurtenances thereon, or such other special fees as
may be established by any college or university board of
trustees or regents from time to time. All moneys received as
operating fees at any institution of higher education shall be
deposited in a local account containing only operating fees
revenue and related interest: PROVIDED, That a minimum
of three and one-half percent of operating fees shall be
retained by the institutions for the purposes of RCW
28B.15.820. Local operating fee accounts shall not be subject to appropriation by the legislature or allotment procedures under chapter 43.88 RCW. [2003 c 232 § 2; 1996 c 142
§ 2; 1995 1st sp.s. c 9 § 2. Prior: 1993 sp.s. c 18 § 6; 1993 c
379 § 201; 1987 c 15 § 2; prior: 1985 c 390 § 13; 1985 c 356
§ 2; 1982 1st ex.s. c 37 § 12; 1981 c 257 § 1; 1979 c 151 § 14;
1977 ex.s. c 331 § 3; 1971 ex.s. c 279 § 2.]
Finding—Intent—2003 c 232: "The legislature finds that, as a partner
in financing public higher education with students and parents who pay
tuition and fees, periodic increases in state funding, state financial aid, and
tuition must be authorized to provide high quality higher education for the
citizens of Washington. It is the intent of the legislature to address higher
education through a cooperative bipartisan effort that includes the legislative
and executive branches of government, parents, students, educators, as well
as business, labor, and community leaders. The legislature recognizes the
importance of keeping the public commitment to public higher education
and will continue searching for policies that halt the trend for the growth in
tuition revenue to outpace the revenue provided by the state. The legislature
believes that a well-educated citizenry is essential to both the private and the
public good. The economic and civic health of the state require both an educated citizenry and a well-trained workforce. The six-year time limitation
authorizing the governing boards to establish tuition rates for all students
other than undergraduate resident students will give the legislature, the governor, and the higher education institutions an opportunity to determine
whether this policy achieves the goal of maintaining quality and access for
all who are eligible for and can benefit from a higher education. Using data
from six years of this tuition policy, the state will be able to identify options
for long-term funding of higher education including not only tuition but general fund and financial aid sources." [2003 c 232 § 1.]
Severability—1996 c 142: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1996 c 142 § 4.]
28B.15.044
*Reviser’s note: RCW 28B.15.824 was repealed by 1993 c 379 § 206
and by 1993 sp.s. c 18 § 14, effective July 1, 1993.
Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060.
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
Effective date—1987 c 15: See note following RCW 28B.15.411.
Effective date—Severability—1982 1st ex.s. c 37: See notes following RCW 28B.15.012.
Severability—1981 c 257: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 257 § 13.]
Effective date—1977 ex.s. c 331: "The effective date of this 1977
amendatory act shall be September 1, 1977." [1977 ex.s. c 331 § 5.]
Severability—1977 ex.s. c 331: "If any provision of this 1977 act, or
its application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1977 ex.s. c 331 § 4.]
Severability—1971 ex.s. c 279: See note following RCW 28B.15.005.
28B.15.041 "Services and activities fees" defined.
The term "services and activities fees" as used in this chapter
is defined to mean fees, other than tuition fees, charged to all
students registering at the state’s community colleges,
regional universities, The Evergreen State College, and state
universities. Services and activities fees shall be used as otherwise provided by law or by rule or regulation of the board
of trustees or regents of each of the state’s community colleges, The Evergreen State College, the regional universities,
or the state universities for the express purpose of funding
student activities and programs of their particular institution.
Student activity fees, student use fees, student building use
fees, special student fees, or other similar fees charged to all
full time students, or to all students, as the case may be, registering at the state’s colleges or universities and pledged for
the payment of bonds heretofore or hereafter issued for, or
other indebtedness incurred to pay, all or part of the cost of
acquiring, constructing or installing any lands, buildings, or
facilities of the nature described in RCW 28B.10.300 as now
or hereafter amended, shall be included within and deemed to
be services and activities fees. [1985 c 390 § 14; 1977 ex.s. c
169 § 35. Prior: 1973 1st ex.s. c 130 § 2; 1973 1st ex.s. c 46
§ 1; 1971 ex.s. c 279 § 3.]
28B.15.041
Effective date—1996 c 142: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 25, 1996]." [1996 c 142 § 5.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Intent—Purpose—1995 1st sp.s. c 9: "It is the intent of the legislature
to address higher education funding through a cooperative bipartisan effort
that includes the legislative and executive branches of government, parents,
students, educators, and concerned citizens. This effort will begin in 1995,
with the results providing the basis for discussion during the 1996 legislative
session for future decisions and final legislative action in 1997.
The purpose of this act is to provide tuition increases for public institutions of higher education as a transition measure until final action is taken in
1997." [1995 1st sp.s. c 9 § 1.]
Severability—1971 ex.s. c 279: See note following RCW 28B.15.005.
Effective date—1995 1st sp.s. c 9: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and shall take effect
immediately [June 14, 1995]." [1995 1st sp.s. c 9 § 14.]
Appropriation—1993 sp.s. c 18: "All moneys in the accounts established under *RCW 28B.15.824 on July 1, 1993, are hereby appropriated to
the respective institutions of higher education for deposit in the institution’s
local account established under RCW 28B.15.031." [1993 sp.s. c 18 § 15.]
(2008 Ed.)
Severability—1973 1st ex.s. c 46: See note following RCW
28B.10.704.
28B.15.043 "Services and activities fees"—Allocations from for institutional loan fund for needy students.
See RCW 28B.10.825.
28B.15.043
28B.15.044 Services and activities fees—Legislative
declaration on expenditure. It is the intent of the legislature
that students will propose budgetary recommendations for
consideration by the college or university administration and
governing board to the extent that such budget recommendations are intended to be funded by services and activities fees.
It is also the intent of the legislature that services and activities fee expenditures for programs devoted to political or eco28B.15.044
[Title 28B RCW—page 65]
28B.15.045
Title 28B RCW: Higher Education
nomic philosophies shall result in the presentation of a spectrum of ideas. [1986 c 91 § 1; 1980 c 80 § 1.]
Severability—1980 c 80: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1980 c 80 § 4.]
28B.15.045 Services and activities fees—Guidelines
governing establishment and funding of programs supported by—Scope—Mandatory provisions—Dispute resolution. The legislature recognizes that institutional governing boards have a responsibility to manage and protect institutions of higher education. This responsibility includes
ensuring certain lawful agreements for which revenues from
services and activities fees have been pledged. Such lawful
agreements include, but are not limited to, bond covenant
agreements and other contractual obligations. Institutional
governing boards are also expected to protect the stability of
programs that benefit students.
The legislature also recognizes that services and activities fees are paid by students for the express purpose of funding student services and programs. It is the intent of the legislature that governing boards ensure that students have a
strong voice in recommending budgets for services and activities fees. The boards of trustees and the boards of regents of
the respective institutions of higher education shall adopt
guidelines governing the establishment and funding of programs supported by services and activities fees. Such guidelines shall stipulate procedures for budgeting and expending
services and activities fee revenue. Any such guidelines shall
be consistent with the following provisions:
(1) Student representatives from the services and activities fee committee and representatives of the college or university administration shall have an opportunity to address
the board before board decisions on services and activities fee
budgets and dispute resolution actions are made.
(2) Members of the governing boards shall adhere to the
principle that services and activities fee committee desires be
given priority consideration on funding items that do not fall
into the categories of preexisting contractual obligations,
bond covenant agreements, or stability for programs affecting students.
(3) Responsibility for proposing to the administration
and the governing board program priorities and budget levels
for that portion of program budgets that derive from services
and activities fees shall reside with a services and activities
fee committee, on which students shall hold at least a majority of the voting memberships, such student members shall
represent diverse student interests, and shall be recommended by the student government association or its equivalent. The chairperson of the services and activities fee committee shall be selected by the members of that committee.
The governing board shall insure that the services and activities fee committee provides an opportunity for all viewpoints
to be heard at a public meeting during its consideration of the
funding of student programs and activities.
(4) The services and activities fee committee shall evaluate existing and proposed programs and submit budget recommendations for the expenditure of those services and
activities fees with supporting documents simultaneously to
the college or university governing board and administration.
28B.15.045
[Title 28B RCW—page 66]
(5) The college or university administration shall review
the services and activities fee committee budget recommendations and publish a written response to the services and
activities fee committee. This response shall outline potential
areas of difference between the committee recommendations
and the administration’s proposed budget recommendations.
This response, with supporting documentation, shall be submitted to the services and activities fee committee in a timely
manner to allow adequate consideration.
(6)(a) In the event of a dispute or disputes involving the
services and activities fee committee recommendations, the
college or university administration shall meet with the services and activities fee committee in a good faith effort to
resolve such dispute or disputes prior to submittal of final
recommendations to the governing board.
(b) If said dispute is not resolved within fourteen days, a
dispute resolution committee shall be convened by the chair
of the services and activities fee committee within fourteen
days.
(7) The dispute resolution committee shall be selected as
follows: The college or university administration shall
appoint two nonvoting advisory members; the governing
board shall appoint three voting members; and the services
and activities fee committee chair shall appoint three student
members of the services and activities fee committee who
will have a vote, and one student representing the services
and activities fee committee who will chair the dispute resolution committee and be nonvoting. The committee shall
meet in good faith, and settle by vote any and all disputes. In
the event of a tie vote, the chair of the dispute resolution committee shall vote to settle the dispute.
(8) The governing board may take action on those portions of the services and activities fee budget not in dispute in
accordance with the customary budget approval timeline
established by the board. The governing board shall consider
the results, if any, of the dispute resolution committee and
shall take action.
(9) Services and activities fees and revenues generated
by programs and activities funded by such fees shall be
deposited and expended through the office of the chief fiscal
officer of the institution.
(10) Services and activities fees and revenues generated
by programs and activities funded by such fees shall be subject to the applicable policies, regulations, and procedures of
the institution and the budget and accounting act, chapter
43.88 RCW.
(11) All information pertaining to services and activities
fees budgets shall be made available to interested parties.
(12) With the exception of any funds needed for bond
covenant obligations, once the budget for expending service
and activities fees is approved by the governing board, funds
shall not be shifted from funds budgeted for associated students or departmentally related categories or the reserve fund
until the administration provides written justification to the
services and activities fee committee and the governing
board, and the governing board and the services and activities
fee committee give their express approval. In the event of a
fund transfer dispute among the services and activities fee
committee, the administration, or the governing board, said
dispute shall be resolved pursuant to subsections (6)(b), (7),
and (8) of this section.
(2008 Ed.)
College and University Fees
(13) Any service and activities fees collected which
exceed initially budgeted amounts are subject to subsections
(1) through (10) and (12) of this section. [1994 c 41 § 1; 1990
c 7 § 1; 1986 c 91 § 2; 1980 c 80 § 2.]
Severability—1980 c 80: See note following RCW 28B.15.044.
28B.15.051 "Technology fees"—Defined—Use—
Student government approval. (1) The governing board of
each of the state universities, the regional universities, and
The Evergreen State College, upon the written agreement of
its respective student government association or its equivalent, may establish and charge each enrolled student a technology fee, separate from tuition fees. During the 1996-97
academic year, any technology fee shall not exceed one hundred twenty dollars for a full-time student. Any technology
fee charged to a part-time student shall be calculated as a pro
rata share of the fee charged to a full-time student.
(2) Revenue from this fee shall be used exclusively for
technology resources for general student use.
(3) Only changes in the amount of the student technology fee agreed upon by both the governing board and its
respective student government association or its equivalent
shall be used to adjust the amount charged to students.
Changes in the amount charged to students, once implemented, become the basis for future changes.
(4) Annually, the student government association or its
equivalent may abolish the fee by a majority vote. In the
event of such a vote, the student government association or
its equivalent shall notify the governing board of the institution. The fee shall cease being collected the term after the student government association or its equivalent voted to eliminate the fee.
(5) The student government association or its equivalent
shall approve the annual expenditure plan for the fee revenue.
(6) The universities and The Evergreen State College
shall deposit three and one-half percent of revenues from the
technology fee into the institutional financial aid fund under
RCW 28B.15.820.
(7) As used in this section, "technology fee" is a fee
charged to students to recover, in whole or in part, the costs
of providing and maintaining services to students that
include, but need not be limited to: Access to the internet and
world wide web, e-mail, computer and multimedia work stations and laboratories, computer software, and dial-up telephone services.
(8) Prior to the establishment of a technology fee, a governing board shall provide to the student governing body a
list of existing fees of a similar nature or for a similar purpose. The board and the student governing body shall ensure
that student fees for technology are not duplicative. [1996 c
142 § 1.]
28B.15.051
Severability—Effective date—1996 c 142: See notes following RCW
28B.15.031.
28B.15.065 Adjustment of state appropriations for
needy student financial aid. It is the intent of the legislature
that needy students not be deprived of access to higher education due to increases in educational costs or consequent
increases in tuition and fees. It is the sense of the legislature
that state appropriations for student financial aid be adjusted
in an amount which together with funds estimated to be avail28B.15.065
(2008 Ed.)
28B.15.067
able in the form of basic educational opportunity grants as
authorized under Section 411 of the federal Higher Education
Act of 1965 as now or hereafter amended will equal twentyfour percent of any change in revenue estimated to occur as a
result of revisions in tuition and fee levels under the provisions of chapter 322, Laws of 1977 ex. sess. [1977 ex.s. c 322
§ 6.]
Severability—1977 ex.s. c 322: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 322 § 17.]
28B.15.066 General fund appropriations to institutions of higher education. It is the intent of the legislature
that:
In making appropriations from the state’s general fund to
institutions of higher education, each appropriation shall conform to the following:
(1) The appropriation shall not be reduced by the amount
of operating fees revenue estimated to be collected from students enrolled at the state-funded enrollment level specified
in the omnibus biennial operating appropriations act;
(2) The appropriation shall not be reduced by the amount
of operating fees revenue collected from students enrolled
above the state-funded level specified in the omnibus biennial operating appropriations act; and
(3) The general fund state appropriation shall not be
reduced by the amount of operating fees revenue collected as
a result of waiving less operating fees revenue than the
amounts authorized under RCW 28B.15.910. State general
fund appropriations shall not be provided for revenue foregone as a result of or for waivers granted under RCW
28B.15.915. [2003 c 232 § 3; 2000 c 152 § 2; 1999 c 309 §
932; 1995 1st sp.s. c 9 § 3; 1993 c 379 § 205.]
28B.15.066
Finding—Intent—2003 c 232: See note following RCW 28B.15.031.
Severability—Effective date—1999 c 309: See notes following RCW
41.06.152.
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031.
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
28B.15.067 Tuition fees—Established. (1) Tuition
fees shall be established under the provisions of this chapter.
(2) Beginning with the 2003-04 academic year and ending with the 2008-09 academic year, reductions or increases
in full-time tuition fees for resident undergraduates shall be
as provided in the omnibus appropriations act.
(3) Beginning with the 2003-04 academic year and ending with the 2008-09 academic year, the governing boards of
the state universities, the regional universities, The Evergreen
State College, and the state board for community and technical colleges may reduce or increase full-time tuition fees for
all students other than resident undergraduates, including
summer school students and students in other self-supporting
degree programs. Percentage increases in full-time tuition
fees may exceed the fiscal growth factor. Reductions or
increases may be made for all or portions of an institution’s
programs, campuses, courses, or students.
(4) Academic year tuition for full-time students at the
state’s institutions of higher education beginning with 200928B.15.067
[Title 28B RCW—page 67]
28B.15.068
Title 28B RCW: Higher Education
10, other than summer term, shall be as charged during the
2008-09 academic year unless different rates are adopted by
the legislature.
(5) The tuition fees established under this chapter shall
not apply to high school students enrolling in participating
institutions of higher education under RCW 28A.600.300
through 28A.600.400.
(6) The tuition fees established under this chapter shall
not apply to eligible students enrolling in a community or
technical college under RCW 28C.04.610.
(7) The tuition fees established under this chapter shall
not apply to eligible students enrolling in a community or
technical college participating in the pilot program under
RCW 28B.50.534 for the purpose of obtaining a high school
diploma.
(8) For the academic years 2003-04 through 2008-09, the
University of Washington shall use an amount equivalent to
ten percent of all revenues received as a result of law school
tuition increases beginning in academic year 2000-01
through academic year 2008-09 to assist needy low and middle income resident law students.
(9) For the academic years 2003-04 through 2008-09,
institutions of higher education shall use an amount equivalent to ten percent of all revenues received as a result of graduate academic school tuition increases beginning in academic
year 2003-04 through academic year 2008-09 to assist needy
low and middle-income resident graduate academic students.
[2007 c 355 § 7; 2006 c 161 § 6; 2003 c 232 § 4; 1997 c 403
§ 1; 1996 c 212 § 1; 1995 1st sp.s. c 9 § 4; 1992 c 231 § 4;
1990 1st ex.s. c 9 § 413; 1986 c 42 § 1; 1985 c 390 § 15; 1982
1st ex.s. c 37 § 15; 1981 c 257 § 2.]
Finding—Intent—2007 c 355: See note following RCW 28B.50.534.
Effective date—2006 c 161: See note following RCW 49.04.160.
Finding—Intent—2003 c 232: See note following RCW 28B.15.031.
Severability—1996 c 212: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1996 c 212 § 2.]
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
Effective date—Severability—1982 1st ex.s. c 37: See notes following RCW 28B.15.012.
Severability—1981 c 257: See note following RCW 28B.15.031.
28B.15.068 Tuition fees increase limitations—State
funding goals—Reports—"Global challenge states." (1)
Beginning with the 2007-08 academic year and ending with
the 2016-17 academic year, tuition fees charged to full-time
resident undergraduate students may increase no greater than
seven percent over the previous academic year in any institution of higher education. Annual reductions or increases in
full-time tuition fees for resident undergraduate students shall
be as provided in the omnibus appropriations act, within the
seven percent increase limit established in this section. To
the extent that state appropriations combined with tuition and
fee revenues are insufficient to achieve the total per-student
funding goals established in subsection (2) of this section, the
legislature may revisit state appropriations, authorized enroll28B.15.068
[Title 28B RCW—page 68]
ment levels, and changes in tuition fees for any given fiscal
year.
(2) The state shall adopt as its goal total per-student
funding levels, from state appropriations plus tuition and
fees, of at least the sixtieth percentile of total per-student
funding at similar public institutions of higher education in
the global challenge states. In defining comparable per-student funding levels, the office of financial management shall
adjust for regional cost-of-living differences; for differences
in program offerings and in the relative mix of lower division, upper division, and graduate students; and for accounting and reporting differences among the comparison institutions. The office of financial management shall develop a
funding trajectory for each four-year institution of higher
education and for the community and technical college system as a whole that when combined with tuition and fees revenue allows the state to achieve its funding goal for each
four-year institution and the community and technical college
system as a whole no later than fiscal year 2017. The state
shall not reduce enrollment levels below fiscal year 2007
budgeted levels in order to improve or alter the per-student
funding amount at any four-year institution of higher education or the community and technical college system as a
whole. The state recognizes that each four-year institution of
higher education and the community and technical college
system as a whole have different funding requirements to
achieve desired performance levels, and that increases to the
total per-student funding amount may need to exceed the
minimum funding goal.
(3) By September 1st of each year beginning [in] 2008,
the office of financial management shall report to the governor, the higher education coordinating board, and appropriate
committees of the legislature with updated estimates of the
total per-student funding level that represents the sixtieth percentile of funding for comparable institutions of higher education in the global challenge states, and the progress toward
that goal that was made for each of the public institutions of
higher education.
(4) As used in this section, "global challenge states" are
the top performing states on the new economy index published by the progressive policy institute as of July 22, 2007.
The new economy index ranks states on indicators of their
potential to compete in the new economy. At least once
every five years, the office of financial management shall
determine if changes to the list of global challenge states are
appropriate. The office of financial management shall report
its findings to the governor and the legislature. [2007 c 151 §
1.]
Captions not law—2007 c 151: "Captions used in this act are not any
part of the law." [2007 c 151 § 3.]
28B.15.0681
28B.15.0681 Tuition billing statements—Disclosures
to students. In addition to the requirement in RCW
28B.76.300(4), institutions of higher education shall disclose
to their undergraduate resident students on the tuition billing
statement, in dollar figures for a full-time equivalent student:
(1) The full cost of instruction, (2) the amount collected from
student tuition and fees, and (3) the difference between the
amounts for the full cost of instruction and the student tuition
and fees, noting that the difference between the cost and
(2008 Ed.)
College and University Fees
tuition was paid by state tax funds and other moneys. [2007
c 151 § 2.]
Captions not law—2007 c 151: See note following RCW 28B.15.068.
28B.15.069 Building fees—Services and activities
fees—Other fees. (1) The building fee for each academic
year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating
board and be based on the actual percentage the building fee
is of total tuition for each tuition category in the 1994-95 academic year, rounded up to the nearest half percent.
(2) The governing boards of each institution of higher
education, except for the technical colleges, shall charge to
and collect from each student a services and activities fee. A
governing board may increase the existing fee annually, consistent with budgeting procedures set forth in RCW
28B.15.045, by a percentage not to exceed the annual percentage increase in student tuition fees for resident undergraduate students: PROVIDED, That such percentage
increase shall not apply to that portion of the services and
activities fee previously committed to the repayment of
bonded debt. These rate adjustments may exceed the fiscal
growth factor. For the 2003-04 academic year, the services
and activities fee shall be based upon the resident undergraduate services and activities fee in 2002-03. The services and
activities fee committee provided for in RCW 28B.15.045
may initiate a request to the governing board for a fee
increase.
(3) Tuition and services and activities fees consistent
with subsection (2) of this section shall be set by the state
board for community and technical colleges for community
college summer school students unless the community college charges fees in accordance with RCW 28B.15.515.
(4) Subject to the limitations of RCW 28B.15.910, each
governing board of a community college may charge such
fees for ungraded courses, noncredit courses, community services courses, and self-supporting courses as it, in its discretion, may determine, consistent with the rules of the state
board for community and technical colleges.
(5) The governing board of a college offering an applied
baccalaureate degree program under RCW 28B.50.810 may
charge tuition fees for those courses above the associate
degree level at rates consistent with rules adopted by the state
board for community and technical colleges, not to exceed
tuition fee rates at the regional universities. [2005 c 258 § 10;
2003 c 232 § 5; 1997 c 403 § 2; 1995 1st sp.s. c 9 § 5.]
28B.15.069
Findings—Intent—2005 c 258: See note following RCW 28B.45.014.
Finding—Intent—2003 c 232: See note following RCW 28B.15.031.
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031.
28B.15.100 Tuition and fees set by individual institutions—Limitations—Tuition and fees for certain parttime, additional time, and out-of-state students. (1) The
governing boards of the state universities, the regional universities, The Evergreen State College, and the community
colleges shall charge to and collect from each of the students
registering at the particular institution for any quarter or
semester such tuition fees and services and activities fees,
and other fees as such board shall in its discretion determine.
28B.15.100
(2008 Ed.)
28B.15.100
The total of all fees shall be rounded to the nearest whole dollar amount: PROVIDED, That such tuition fees shall be
established in accordance with RCW 28B.15.067.
(2) Part-time students shall be charged tuition and services and activities fees proportionate to full-time student
rates established for residents and nonresidents: PROVIDED, That except for students registered at community
colleges, students registered for fewer than two credit hours
shall be charged tuition and services and activities fees at the
rate established for two credit hours: PROVIDED FURTHER, That, subject to the limitations of RCW 28B.15.910,
residents of Idaho or Oregon who are enrolled in community
college district number twenty for six or fewer credits during
any quarter or semester may be exempted from payment of
all or a portion of the nonresident tuition fees differential
upon a declaration by the higher education coordinating
board that it finds Washington residents from the community
college district are afforded substantially equivalent treatment by such other states.
(3) Full-time students registered for more than eighteen
credit hours shall be charged an additional operating fee for
each credit hour in excess of eighteen hours at the applicable
established per credit hour tuition fee rate for part-time students: PROVIDED, That, subject to the limitations of RCW
28B.15.910, the governing boards of the state universities
and the community colleges may exempt all or a portion of
the additional charge, for students who are registered exclusively in first professional programs in medicine, dental medicine, veterinary medicine, doctor of pharmacy, or law, or
who are registered exclusively in required courses in vocational preparatory programs. [2003 c 232 § 6; 1999 c 321 §
2; 1998 c 75 § 1; 1995 1st sp.s. c 9 § 8; 1993 sp.s. c 18 § 7;
1992 c 231 § 6. Prior: 1985 c 390 § 18; 1985 c 370 § 67;
1982 1st ex.s. c 37 § 11; 1981 c 257 § 5; 1977 ex.s. c 322 § 2;
1977 ex.s. c 169 § 36; 1971 ex.s. c 279 § 5; 1969 ex.s. c 223
§ 28B.15.100; prior: (i) 1967 ex.s. c 8 § 31, part. Formerly
RCW 28.85.310, part. (ii) 1963 c 181 § 1, part; 1961 ex.s. c
10 § 1, part; 1959 c 186 § 1, part; 1947 c 243 § 1, part; 1945
c 187 § 1, part; 1933 c 169 § 1, part; 1931 c 48 § 1, part; 1921
c 139 § 1, part; 1919 c 63 § 1, part; 1915 c 66 § 2, part; RRS
§ 4546, part. Formerly RCW 28.77.030, part. (iii) 1963 c
180 § 1, part; 1961 ex.s. c 11 § 1, part; 1949 c 73 § 1, part;
1931 c 49 § 1, part; 1921 c 164 § 1, part; Rem. Supp. 1949 §
4569, part. Formerly RCW 28.80.030, part. (iv) 1967 c 47 §
10, part; 1965 ex.s. c 147 § 1, part; 1963 c 143 § 1, part; 1961
ex.s. c 13 § 3, part. Formerly RCW 28.81.080, part.]
Finding—Intent—2003 c 232: See note following RCW 28B.15.031.
Intent—1999 c 321: "The legislature recognizes that certain tuition
policies may have an adverse impact on the unique role of community colleges.
Therefore, it is the intent of the legislature to eliminate impediments to
the ability of community colleges to meet the diverse needs of students and
business interests." [1999 c 321 § 1.]
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031.
Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Effective date—Severability—1982 1st ex.s. c 37: See notes following RCW 28B.15.012.
Severability—1981 c 257: See note following RCW 28B.15.031.
Severability—1977 ex.s. c 322: See note following RCW 28B.15.065.
[Title 28B RCW—page 69]
28B.15.110
Title 28B RCW: Higher Education
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Severability—1971 ex.s. c 279: See note following RCW 28B.15.005.
§ 2; 1915 c 66 § 3; Rem. Supp. 1947 § 4547. Formerly RCW
28.77.040.]
28B.15.220 Fees—University of Washington—Disposition of special fees. All fees except building fees shall
be held by the board of regents as a revolving fund and
expended for the purposes for which collected and be
accounted for in accordance with law: PROVIDED, That the
board of regents shall have authority to place in a separate
fund or funds any or all fees or rentals exacted for the use of
facilities of any dormitory, hospital, or infirmary building,
and the board of regents shall have authority to pledge any or
all such fees for the retirement of any bonds that may be
issued for the construction of such dormitory, hospital, or
infirmary building. [1985 c 390 § 21; 1969 ex.s. c 223 §
28B.15.220. Prior: 1961 c 229 § 6; prior: (i) 1933 ex.s. c 24
§ 1; 1921 c 139 § 3; 1919 c 63 § 3; 1915 c 66 § 4; RRS §
4548. (ii) 1947 c 64 § 2, part; 1933 ex.s. c 23 § 2, part; 1925
ex.s. c 91 § 2, part; Rem. Supp. 1947 § 4543-2, part. Formerly
RCW 28.77.050.]
28B.15.220
28B.15.110 Tuition and fees when joint program of
four year institutions—Supplemental fees, when. Where
students at any of the four year state colleges or universities
participate in a joint program undertaken by two or more of
such institutions, and which leads to a degree, the tuition and
fees assessed each student participating in such joint program
shall be equal.
The governing board at each state four year institution
shall, where the tuition and fees which it charges resident students participating in a joint program falling within the scope
of this section would be less than those charged to any such
students from any other state four year institution who participates in such joint program, impose a supplemental fee upon
its resident students so participating in order to make the
tuition and fees charged to them equal to the highest amount
charged to any other resident student from a state four year
institution who participates in the program. Such governing
board shall, where the tuition and fees which it charges nonresident students participating in a joint program falling
within the scope of this section would be less than those
charged to any such students participating from any other
state four year institution who participates in such joint program, impose a supplemental fee upon its nonresident students so participating in order to make the tuition and fees
charged to them equal to the highest amount charged to any
other nonresident student from a state four year institution
who participates in the program. [1977 ex.s. c 126 § 1.]
28B.15.110
"State universities," "regional universities," "state college," "institutions of
higher education," and "postsecondary institutions" defined: RCW
28B.10.016.
28B.15.210 Fees—University of Washington—Disposition of building fees. Within thirty-five days from the
date of collection thereof, all building fees at the University
of Washington, including building fees to be charged students registering in the schools of medicine and dentistry,
shall be paid into the state treasury and credited as follows:
One-half or such larger portion as may be necessary to
prevent a default in the payments required to be made out of
the bond retirement fund, and in no event shall such one-half
be less than twelve dollars and fifty cents per each resident
student per quarter, and thirty-seven dollars and fifty cents
per each nonresident student per quarter to the "University of
Washington bond retirement fund" and the remainder thereof
to the "University of Washington building account." The
sum so credited to the University of Washington building
account shall be used exclusively for the purpose of erecting,
altering, maintaining, equipping, or furnishing buildings
except for any sums transferred as authorized in RCW
28B.20.725(3). The sum so credited to the University of
Washington bond retirement fund shall be used for the payment of principal of and interest on bonds outstanding as provided by chapter 28B.20 RCW except for any sums transferred as authorized in RCW 28B.20.725(5). [1985 c 390 §
20; 1969 ex.s. c 223 § 28B.15.210. Prior: 1963 c 224 § 1;
1959 c 193 § 7; 1957 c 254 § 6; 1947 c 243 § 2; 1945 c 187 §
2; 1939 c 156 § 1; 1933 c 169 § 2; 1921 c 139 § 2; 1919 c 63
28B.15.210
[Title 28B RCW—page 70]
28B.15.225 Exemption from fees of schools of medicine or dentistry at University of Washington—Exemption from nonresident tuition fees differential for participants in the Washington, Alaska, Montana, Idaho, or
Wyoming program at Washington State University. Subject to the limitations of RCW 28B.15.910, the governing
board of the University of Washington may exempt the following students from the payment of all or a portion of the
nonresident tuition fees differential: Students admitted to the
university’s school of medicine pursuant to contracts with the
states of Alaska, Montana, Idaho, or Wyoming, or agencies
thereof, providing for a program of regionalized medical education conducted by the school of medicine; or students
admitted to the university’s school of dentistry pursuant to
contracts with the states of Utah, Idaho, or any other western
state which does not have a school of dentistry, or agencies
thereof, providing for a program of regionalized dental education conducted by the school of dentistry. The proportional
cost of the program, in excess of resident student tuition and
fees, will be reimbursed to the university by or on behalf of
participating states or agencies. Subject to the limitations of
RCW 28B.15.910, the governing board of Washington State
University may exempt from payment all or a portion of the
nonresident tuition fees differential for any student admitted
to the University of Washington’s school of medicine and
attending Washington State University as a participant in the
Washington, Alaska, Montana, Idaho, or Wyoming program
in this section. Washington State University may reduce the
professional student tuition for students enrolled in this program by the amount the student pays the University of Washington as a registration fee. [1997 c 50 § 1; 1993 sp.s. c 18 §
9; 1992 c 231 § 8; 1981 c 20 § 1; 1975 1st ex.s. c 105 § 1.]
28B.15.225
Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060.
Effective date—1992 c 231: See note following RCW 28B.10.016.
28B.15.310 Fees—Washington State University—
Disposition of building fees. Within thirty-five days from
the date of collection thereof, all building fees shall be paid
into the state treasury and credited to the Washington State
28B.15.310
(2008 Ed.)
College and University Fees
University bond retirement fund, one-half or such larger portion as may be necessary to prevent a default in the payments
required to be made out of such bond retirement fund; the
remainder thereof to the Washington State University building account.
The sum so credited to the Washington State University
building account shall be expended by the board of regents
for buildings, equipment, or maintenance on the campus of
Washington State University as may be deemed most advisable and for the best interests of the university, except for any
sums transferred as authorized by law. Expenditures so made
shall be accounted for in accordance with existing law and
shall not be expended until appropriated by the legislature.
The sum so credited to the Washington State University
bond retirement fund shall be used to pay and secure the payment of the principal of and interest on building bonds issued
by the university, except for any sums which may be transferred out of such fund as authorized by law. [1985 c 390 §
22; 1969 ex.s. c 223 § 28B.15.310. Prior: 1961 ex.s. c 11 § 2;
1935 c 185 § 1; 1921 c 164 § 2; RRS § 4570. Formerly RCW
28.80.040.]
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
28B.15.380 Exemption from payment of fees at state
universities, regional universities, and The Evergreen
State College—Children of certain law enforcement officers or firefighters. Subject to the limitations of RCW
28B.15.910, the governing boards of the state universities,
the regional universities, and The Evergreen State College
may exempt the following students from the payment of all or
a portion of tuition fees and services and activities fees: Children of any law enforcement officer or firefighter who lost
his or her life or became totally disabled in the line of duty
while employed by any public law enforcement agency or
full time or volunteer fire department in this state: PROVIDED, That such persons may receive the exemption only if
they begin their course of study at a state-supported college
or university within ten years of their graduation from high
school. [2005 c 249 § 2; 1993 sp.s. c 18 § 10; 1992 c 231 §
9; 1990 c 154 § 1; 1985 c 390 § 23; 1979 c 82 § 1; 1977 ex.s.
c 322 § 10; 1977 ex.s. c 169 § 37; 1973 1st ex.s. c 191 § 1;
1971 ex.s. c 279 § 8; 1969 ex.s. c 269 § 8; 1969 ex.s. c 223 §
28B.15.380. Prior: (i) 1947 c 46 § 1; 1921 c 139 § 5; Rem.
Supp. 1947 § 4550. Formerly RCW 28.77.070. (ii) 1921 c
164 § 4, part; RRS § 4572, part. Formerly RCW 28.80.060,
part.]
28B.15.380
Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Severability—1979 c 82: "If any provision of this amendatory act, or
its application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1979 c 82 § 3.]
Severability—1977 ex.s. c 322: See note following RCW 28B.15.065.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Effective date—1973 1st ex.s. c 191: "This 1973 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1973." [1973 1st ex.s. c 191 § 4.]
Severability—1971 ex.s. c 279: See note following RCW 28B.15.005.
"Totally disabled" defined for certain purposes: RCW 28B.15.385.
(2008 Ed.)
28B.15.455
28B.15.385
28B.15.385 "Totally disabled" defined for certain
purposes. For the purposes of RCW 28B.15.380 and
28B.15.520, the phrase "totally disabled" means a person
who has become totally and permanently disabled for life by
bodily injury or disease, and is thereby prevented from performing any occupation or gainful pursuit. [2008 c 188 § 2;
2007 c 450 § 3; 1973 1st ex.s. c 191 § 5.]
Effective date—1973 1st ex.s. c 191: See note following RCW
28B.15.380.
28B.15.411
28B.15.411 Fees—Installment payments. Each institution of higher education, at its discretion, may offer students an optional plan to pay in advance the building fees,
operating fees, and services and activities fees for any quarter
or semester in periodic installments, as established by that
institution of higher education. [1987 c 15 § 1; 1985 c 356 §
1.]
Effective date—1987 c 15: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 30,
1987." [1987 c 15 § 3.]
Report to legislature—1985 c 356: "Any institution of higher education offering a payment plan under RCW 28B.15.411, shall report to the legislature by January 1, 1988, about the effectiveness of the plan and costs of
administering the plan." [1985 c 356 § 3.]
28B.15.450
28B.15.450 Gender equity—Intent. The legislature
finds that the ratio of women to men in intercollegiate athletics in Washington’s higher education system is inequitable. It
is the intent of the legislature, through additional tuition and
fee waivers, to achieve gender equity in intercollegiate athletics. [1989 c 340 § 1.]
28B.15.455
28B.15.455 Gender equity—Goals. Institutions of
higher education shall strive to accomplish the following
goals by June 30, 2002:
(1) Provide the following benefits and services equitably
to male and female athletes participating in intercollegiate
athletic programs: Equipment and supplies; medical services; services and insurance; transportation and per diem
allowances; opportunities to receive coaching and instruction; scholarships and other forms of financial aid; conditioning programs; laundry services; assignment of game officials;
opportunities for competition, publicity, and awards; and
scheduling of games and practice times, including use of
courts, gyms, and pools. Each institution which provides
showers, toilets, lockers, or training room facilities for athletic purposes shall provide access to comparable facilities
for both males and females.
(2) Provide equitable intercollegiate athletic opportunities for male and female students including opportunities to
participate and to receive the benefits of the services listed in
subsection (1) of this section.
(3) Provide participants with female and male coaches
and administrators to act as role models. [1997 c 5 § 1; 1989
c 340 § 3.]
Effective date—1997 c 5: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."
[1997 c 5 § 7.]
[Title 28B RCW—page 71]
28B.15.460
Title 28B RCW: Higher Education
28B.15.460 Gender equity—Tuition and fee waivers—Institutional plan for underrepresented gender
class. (1) An institution of higher education shall not grant
any waivers for the purpose of achieving gender equity until
the 1991-92 academic year, and may grant waivers for the
purpose of achieving gender equity in intercollegiate athletic
programs as authorized in RCW 28B.15.740, for the 1991-92
academic year only if the institution’s governing board has
adopted a plan for complying with the provisions of RCW
28B.15.455 and submitted the plan to the higher education
coordinating board.
(2)(a) Beginning in the 1992-93 academic year, an institution of higher education shall not grant any waiver for the
purpose of achieving gender equity in intercollegiate athletic
programs as authorized in RCW 28B.15.740 unless the institution’s plan has been approved by the higher education coordinating board.
(b) Beginning in the 1999-2000 academic year, an institution that did not provide, by June 30, 1998, athletic opportunities for an historically underrepresented gender class at a
rate that meets or exceeds the current rate at which that class
participates in high school athletics in Washington state shall
have a new institutional plan approved by the higher education coordinating board before granting further waivers.
(c) Beginning in the 2003-04 academic year, an institution of higher education that was not within five percent of
the ratio of undergraduates described in RCW 28B.15.470 by
June 30, 2002, shall have a new plan for achieving gender
equity in intercollegiate athletic programs approved by the
higher education coordinating board before granting further
waivers.
(3) The plan shall include, but not be limited to:
(a) For any institution with an historically underrepresented gender class described in subsection (2)(b) of this section, provisions that ensure that by July 1, 2000, the institution shall provide athletic opportunities for the underrepresented gender class at a rate that meets or exceeds the current
rate at which that class participates in high school interscholastic athletics in Washington state not to exceed the point at
which the underrepresented gender class is no longer underrepresented;
(b) For any institution with an underrepresented gender
class described in subsection (2)(c) of this section, provisions
that ensure that by July 1, 2004, the institution will have
reached substantial proportionality in its athletic program;
(c) Activities to be undertaken by the institution to
increase participation rates of any underrepresented gender
class in interscholastic and intercollegiate athletics. These
activities may include, but are not limited to: Sponsoring
equity conferences, coaches clinics and sports clinics; and
taking a leadership role in working with athletic conferences
to reduce barriers to participation by those gender classes in
interscholastic and intercollegiate athletics;
(d) An identification of barriers to achieving and maintaining equitable intercollegiate athletic opportunities for
men and women; and
(e) Measures to achieve institutional compliance with
the provisions of RCW 28B.15.455. [1997 c 5 § 2; 1989 c
340 § 4.]
28B.15.460
Effective date—1997 c 5: See note following RCW 28B.15.455.
[Title 28B RCW—page 72]
28B.15.465 Gender equity—Reports. (1) The higher
education coordinating board shall report every four years,
beginning December 1998, to the governor and the house of
representatives and senate committees on higher education,
on institutional efforts to comply with the requirements of
RCW 28B.15.740, 28B.15.455, and 28B.15.460. Each report
shall include recommendations on measures to assist institutions with compliance.
(2) Before the board makes its report in December 2006,
the board shall assess the extent of institutional compliance
with the requirements of RCW 28B.15.740, 28B.15.455, and
28B.15.460.
(3) The report in this section may be combined with the
report required in RCW 28B.110.040(3). [1997 c 5 § 3; 1989
c 340 § 5.]
28B.15.465
Effective date—1997 c 5: See note following RCW 28B.15.455.
28B.15.470 Gender equity—"Underrepresented gender class," "equitable" defined. (1) As used in and for the
limited purposes of RCW 28B.15.450 through 28B.15.465
and 28B.15.740, "underrepresented gender class" means
female students or male students, where the ratio of participation of female or male students who are seventeen to twentyfour year old undergraduates enrolled full-time on the main
campus, respectively, in intercollegiate athletics has historically been less than approximately the ratio of female to male
students or male to female students, respectively, enrolled as
undergraduates at an institution.
(2) As used in and for the limited purpose of RCW
28B.15.460(3)(a), an "underrepresented gender class" in
interscholastic athletics means female students or male students, where the ratio of participation of female or male students, respectively, in K-12 interscholastic athletics has historically been less than approximately the ratio of female to
male students or male to female students, respectively,
enrolled in K-12 public schools in Washington.
(3) As used in and for the limited purposes of RCW
28B.15.460, "equitable" means that the ratio of female and
male students participating in intercollegiate athletics is substantially proportionate to the percentages of female and male
students who are seventeen to twenty-four year old undergraduates enrolled full time on the main campus. [1997 c 5 §
4; 1989 c 340 § 6.]
28B.15.470
Effective date—1997 c 5: See note following RCW 28B.15.455.
28B.15.475 Gender equity—Construction—1989 c
340. Nothing in this act shall be construed to excuse any
institution from any more stringent requirement to achieve
gender equity imposed by law, nor to permit any institution to
decrease participation of any underrepresented gender class.
[1989 c 340 § 7.]
28B.15.475
28B.15.515 Community colleges—State-funded
enrollment levels—Summer school—Enrollment level
variances. (1) The boards of trustees of the community college districts may operate summer schools on either a selfsupporting or a state-funded basis.
If summer school is operated on a self-supporting basis,
the fees charged shall be retained by the colleges, and shall be
sufficient to cover the direct costs, which are instructional
28B.15.515
(2008 Ed.)
College and University Fees
salaries and related benefits, supplies, publications, and
records.
Community colleges that have self-supporting summer
schools shall continue to receive general fund state support
for vocational programs that require that students enroll in a
four quarter sequence of courses that includes summer quarter due to clinical or laboratory requirements and for
ungraded courses limited to adult basic education, vocational
apprenticeship, aging and retirement, small business management, industrial first aid, and parent education.
(2) The board of trustees of a community college district
may permit the district’s state-funded, full-time equivalent
enrollment level, as provided in the omnibus state appropriations act, to vary. If the variance is above the state-funded
level, the district may charge those students above the statefunded level a fee equivalent to the amount of tuition and fees
that are charged students enrolled in state-funded courses.
These fees shall be retained by the colleges.
(3) The state board for community and technical colleges
shall ensure compliance with this section. [1993 sp.s. c 18 §
13; 1993 sp.s. c 15 § 8; 1991 c 353 § 1.]
Reviser’s note: This section was amended by 1993 sp.s. c 15 § 8 and
by 1993 sp.s. c 18 § 13, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060.
Findings—Effective date—1993 sp.s. c 15: See notes following RCW
28B.10.776.
Effective date—1991 c 353: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 15,
1991." [1991 c 353 § 3.]
28B.15.520 Waiver of fees and nonresident tuition
fees differential—Community colleges. Subject to the limitations of RCW 28B.15.910, the governing boards of the
community colleges may:
(1) Waive all or a portion of tuition fees and services and
activities fees for:
(a) Students nineteen years of age or older who are eligible for resident tuition and fee rates as defined in RCW
28B.15.012 through 28B.15.015, who enroll in a course of
study or program which will enable them to finish their high
school education and obtain a high school diploma or certificate, but who are not eligible students as defined by RCW
28A.600.405; and
(b) Children of any law enforcement officer or firefighter
who lost his or her life or became totally disabled in the line
of duty while employed by any public law enforcement
agency or full time or volunteer fire department in this state:
PROVIDED, That such persons may receive the waiver only
if they begin their course of study at a community college
within ten years of their graduation from high school;
(2) Waive all or a portion of the nonresident tuition fees
differential for:
(a) Nonresident students enrolled in a community college course of study or program which will enable them to
finish their high school education and obtain a high school
diploma or certificate but who are not eligible students as
defined by RCW 28A.600.405. The waiver shall be in effect
only for those courses which lead to a high school diploma or
certificate; and
28B.15.520
(2008 Ed.)
28B.15.522
(b) Up to forty percent of the students enrolled in the
regional education program for deaf students, subject to federal funding of such program. [2007 c 355 § 6; 1993 sp.s. c
18 § 16; 1992 c 231 § 12; 1990 c 154 § 2; 1987 c 390 § 1.
Prior: 1985 c 390 § 26; 1985 c 198 § 1; 1982 1st ex.s. c 37 §
8; 1979 ex.s. c 148 § 1; 1973 1st ex.s. c 191 § 2; 1971 ex.s. c
279 § 12; 1970 ex.s. c 59 § 8; 1969 ex.s. c 261 § 29. Formerly
RCW 28.85.310, part.]
Finding—Intent—2007 c 355: See note following RCW 28B.50.534.
Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Effective date—Severability—1982 1st ex.s. c 37: See notes following RCW 28B.15.012.
Effective date—1973 1st ex.s. c 191: See note following RCW
28B.15.380.
Severability—1971 ex.s. c 279: See note following RCW 28B.15.005.
Severability—1970 ex.s. c 59: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1970 ex.s. c 59 § 11.]
Severability—1969 ex.s. c 261: See note following RCW 28B.50.020.
GED test, eligibility: RCW 28A.305.190.
"Totally disabled" defined for certain purposes: RCW 28B.15.385.
28B.15.522 Waiver of tuition and fees for long-term
unemployed or underemployed persons—Community
colleges. (1) The governing boards of the community colleges may waive all or a portion of the tuition and services
and activities fees for persons under subsection (2) of this
section pursuant to the following conditions:
(a) Such persons shall register for and be enrolled in
courses on a space available basis and new course sections
shall not be created as a result of the registration;
(b) Enrollment information on persons registered pursuant to this section shall be maintained separately from other
enrollment information and shall not be included in official
enrollment reports, nor shall such persons be considered in
any enrollment statistics which would affect budgetary determinations; and
(c) Persons who enroll under this section shall have the
same access to support services as do all other students and
shall be subject to all course prerequisite requirements.
(2) A person is eligible for the waiver under subsection
(1) of this section if the person:
(a) Meets the requirements for a resident student under
RCW 28B.15.011 through 28B.15.015;
(b) Is twenty-one years of age or older;
(c) At the time of initial enrollment under subsection (1)
of this section, has not attended an institution of higher education for the previous six months;
(d) Is not receiving or is not entitled to receive unemployment compensation of any nature under Title 50 RCW;
and
(e) Has an income at or below the need standard established under chapter 74.04 RCW by the department of social
and health services.
(3) The state board for community and technical colleges
shall adopt rules to carry out this section. [1993 sp.s. c 18 §
17; 1992 c 231 § 13; 1985 c 390 § 27; 1984 c 50 § 2.]
28B.15.522
Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060.
Effective date—1992 c 231: See note following RCW 28B.10.016.
[Title 28B RCW—page 73]
28B.15.524
Title 28B RCW: Higher Education
Intent—1984 c 50: "The legislature finds that providing educational
opportunities to the long-term unemployed and underemployed is a valuable
incentive to these individuals to reestablish themselves as contributing members of society. To this end, the legislature finds that creating the opportunity
for these people to attend the state’s community colleges on a space available
basis, without charge, will provide the impetus for self-improvement without
drawing upon the limited resources of the state or its institutions." [1984 c
50 § 1.]
Severability—1984 c 50: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1984 c 50 § 4.]
28B.15.524
28B.15.524 Community college international student
exchange program. The community college international
student exchange program is hereby established. [1987 c 12
§ 1.]
28B.15.526 Community college international student
exchange program—Resident tuition for participants
authorized. The legislature intends to permit the governing
boards of the community colleges to charge resident tuition
and fees for students of foreign nations who are participants
in the international student exchange program. [1987 c 12 §
2.]
28B.15.526
28B.15.527 Waiver of nonresident tuition fees differential for students of foreign nations—Community colleges. Subject to the limitations of RCW 28B.15.910, the
governing boards of the community colleges may waive all
or a portion of the nonresident tuition fees differential for
undergraduate students of foreign nations as follows:
(1) Priority in the awarding of waivers shall be given to
students on academic exchanges and students participating in
special programs recognized through formal agreements
between states, cities, or institutions;
(2) The waiver programs under this section shall promote reciprocal placements and waivers in foreign nations
for Washington residents. The number of foreign students
granted waivers through this program shall not exceed the
number of that institution’s own students enrolled in
approved study programs abroad during the same period;
(3) No reciprocal placements shall be required for up to
thirty students participating in the Georgetown University
scholarship program funded by the United States agency for
international development;
(4) Participation shall be limited to one hundred full-time
foreign students each year. [1993 sp.s. c 18 § 18; 1992 c 231
§ 14; 1989 c 245 § 5; 1987 c 12 § 3.]
28B.15.527
Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Analyses—1989 c 245: See note following RCW 28B.76.310.
28B.15.540
28B.15.540 Waiver of tuition and fees for residents
sixty years of age or older—Limitations. Consistent with
the regulations and procedures established by the governing
boards of the state universities, the regional universities, and
The Evergreen State College and the state board for community and technical colleges, each institution may for Washington residents who are sixty years of age or older:
[Title 28B RCW—page 74]
(1) Waive, in whole or in part, the tuition and services
and activities fees for students who qualify under this section
and who are enrolled for credit, and
(2) Waive, in whole or in part, the tuition and services
and activities fees for students who qualify under this section,
but charge a nominal fee not to exceed five dollars per quarter, or semester, as the case may be, for such students who are
enrolled on an audit basis: PROVIDED, That residents
enrolling with fee exemptions under this section shall register
for not more than two quarter or semester courses at one time
on a space available basis, and no new course sections shall
be created as a direct result of such registration: PROVIDED
FURTHER, That such waivers shall not be available to students who plan to use the course credits gained thereby for
increasing credentials or salary schedule increases: PROVIDED FURTHER, That enrollment information concerning
fee exemptions awarded under this section shall be maintained separately from other enrollment information but shall
not be included in official enrollment reports: PROVIDED,
That persons who enroll pursuant to provisions of this section
shall not be considered for any purpose in determining student-teacher ratio, nor for any purpose relating to enrollment
totals, nor any other statistic which would affect budgetary
determinations. Persons enrolling under the provisions of this
section shall have, in equal with all other students, access to
course counseling services and shall be subject to all course
prerequisite requirements. [1992 c 231 § 16; 1985 c 390 §
29; 1975 1st ex.s. c 157 § 2.]
Effective date—1992 c 231: See note following RCW 28B.10.016.
Purpose—1975 1st ex.s. c 157: "In recognition of the worthwhile goal
of making education a life-long process, it is the declared desire of the legislature to promote the availability of postsecondary education for the state’s
older residents." [1975 1st ex.s. c 157 § 1.]
28B.15.543 Waiver or grant of tuition and fees for
recipients of the Washington scholars award—Qualifications. (1) Subject to the limitations of RCW 28B.15.910, the
governing boards of the state universities, the regional universities, The Evergreen State College, and the community
colleges shall waive tuition and service and activities fees for
students named by the higher education coordinating board
on or before June 30, 1994, as recipients of the Washington
sc h ol ar s a wa r d u n d e r R C W 2 8 A. 6 0 0 . 1 00 th r o ug h
28A.600.150. The waivers shall be used only for undergraduate studies. To qualify for the waiver, recipients shall enter
the college or university within three years of high school
graduation and maintain a minimum grade point average at
the college or university equivalent to 3.30. Students shall be
eligible to receive a maximum of twelve quarters or eight
semesters of waivers and may transfer among state-supported
institutions of higher education during that period and continue to have the tuition and services and activities fees
waived by the state-supported institution of higher education
that the student attends. Should the student’s cumulative
grade point average fall below 3.30 during the first three
quarters or two semesters, that student may petition the
higher education coordinating board which shall have the
authority to establish a probationary period until such time as
the student’s grade point average meets required standards.
(2) Students named by the higher education coordinating
board after June 30, 1994, as recipients of the Washington
28B.15.543
(2008 Ed.)
College and University Fees
sc ho l ar s a wa r d u n d e r R C W 2 8 A. 6 0 0 . 1 00 t h r ou g h
28A.600.150 shall be eligible to receive a grant for undergraduate course work as authorized under RCW 28B.76.660.
[2004 c 275 § 49; 1995 1st sp.s. c 5 § 2; 1993 sp.s. c 18 § 19;
1992 c 231 § 17; 1990 c 33 § 558; 1987 c 465 § 2. Prior:
1985 c 390 § 30; 1985 c 370 § 68; 1985 c 341 § 16; 1984 c
278 § 17.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Severability—Effective date—1995 1st sp.s. c 5: See notes following
RCW 28A.600.130.
Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Application—1987 c 465 § 2: "The amendments to RCW 28B.15.543
by section 2, chapter 465, Laws of 1987 shall apply to persons holding the
Washington scholars award as of July 26, 1987, as well as persons holding
the award after July 26, 1987." [1987 c 465 § 3.]
Severability—1984 c 278: See note following RCW 28A.185.010.
28B.15.544 Waiver of nonresident tuition fees differential for western undergraduate exchange program students. Subject to the limitations of RCW 28B.15.910, the
governing boards of Washington State University, Eastern
Washington University, and Central Washington University
may waive all or a portion of the difference between fifty percent of the resident tuition and fees amount and the nonresident tuition fees differential for nonresident students who
enroll under the western interstate commission for higher
education western undergraduate exchange program. [1999 c
344 § 2.]
28B.15.544
Findings—Intent—1999 c 344: "The legislature finds that policies
that encourage regional planning and access to higher education benefit both
the students and the state. Such policies improve access, reduce unnecessary
duplication, and make higher education more cost-effective. The western
undergraduate exchange program, coordinated by the western interstate
commission for higher education is a program through which students in participating states may enroll in designated institutions in other participating
states at a special, reduced tuition level. During the 1998-99 school year
institutions in fifteen western states participated in the western undergraduate exchange program, including Washington’s bordering states of Oregon
and Idaho. Eastern Washington University participated on a pilot basis. It is
the intent of the legislature to permit Washington’s institutions of higher
education to participate in the western undergraduate exchange program."
[1999 c 344 § 1.]
28B.15.545 Waiver of tuition and fees for recipients
of the Washington award for vocational excellence—
Grants. (1) Subject to the limitations of RCW 28B.15.910,
the governing boards of the state universities, the regional
universities, The Evergreen State College, and the community colleges shall waive tuition and services and activities
fees for a maximum of two years for those recipients of the
Washington award for vocational excellence established
under RCW 28C.04.520 through 28C.04.540 who received
their awards before June 30, 1994. Each recipient shall not
receive a waiver for more than six quarters or four semesters.
To qualify for the waiver, recipients shall enter the college or
university within three years of receiving the award. A minimum grade point average at the college or university equivalent to 3.00, or an above-average rating at a technical college, shall be required in the first year to qualify for the sec28B.15.545
(2008 Ed.)
28B.15.556
ond-year waiver. The tuition waiver shall be granted for
undergraduate studies only.
(2) Students named by the workforce training and education coordinating board after June 30, 1994, as recipients of
the Washington award for vocational excellence under RCW
28C.04.520 through 28C.04.550 shall be eligible to receive a
grant for undergraduate course work as authorized under
RCW 28B.76.670. [2004 c 275 § 50; 1995 1st sp.s. c 7 § 7;
1993 sp.s. c 18 § 20; 1992 c 231 § 18; 1987 c 231 § 1; 1985 c
390 § 31; 1984 c 267 § 6.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Severability—1995 1st sp.s. c 7: See note following RCW
28C.04.520.
Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060.
Effective date—1992 c 231: See note following RCW 28B.10.016.
28B.15.546 Second-year waiver of tuition and fees
for recipients of the Washington award for vocational
excellence. Students receiving the Washington award for
vocational excellence in 1987 and thereafter are eligible for a
second-year waiver. [1987 c 231 § 5.]
28B.15.546
28B.15.555 Waiver of tuition and fees for students of
foreign nations—Intent. The legislature intends to permit
the governing boards of the four-year institutions of higher
education to waive tuition and fees for certain students of foreign nations. To the greatest extent possible, students chosen
for these waivers and for the institutions’ own approved
study abroad programs shall reflect the range of socioeconomic and ethnic characteristics of the students’ institutions
and native countries. [1986 c 232 § 1.]
28B.15.555
28B.15.556 Waiver of tuition and fees for students of
foreign nations—Authorized—Limitations. Subject to the
limitations of RCW 28B.15.910, the governing boards of the
state universities, the regional universities, and The Evergreen State College may waive all or a portion of the tuition,
and services and activities fees for undergraduate or graduate
students of foreign nations subject to the following limitations:
(1) No more than the equivalent of one hundred waivers
may be awarded to undergraduate or graduate students of foreign nations at each of the two state universities;
(2) No more than the equivalent of twenty waivers may
be awarded to undergraduate or graduate students of foreign
nations at each of the regional universities and The Evergreen
State College;
(3) Priority in the awarding of waivers shall be given to
students on academic exchanges or academic special programs sponsored by recognized international educational
organizations; and
(4) An undergraduate or graduate student of a foreign
nation receiving a waiver under this section is not eligible for
any other waiver.
The waiver programs under this section, to the greatest
extent possible, shall promote reciprocal placements and
waivers in foreign nations for Washington residents. The
number of waivers awarded by each institution shall not
exceed the number of that institution’s own students enrolled
28B.15.556
[Title 28B RCW—page 75]
28B.15.558
Title 28B RCW: Higher Education
in approved study programs abroad during the same period.
[1993 sp.s. c 18 § 21; 1992 c 231 § 19; 1986 c 232 § 2.]
Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060.
Effective date—1992 c 231: See note following RCW 28B.10.016.
28B.15.558 Waiver of tuition and fees for state
employees and educational employees. (1) The governing
boards of the state universities, the regional universities, The
Evergreen State College, and the community colleges may
waive all or a portion of the tuition and services and activities
fees for state employees as defined under subsection (2) of
this section and teachers and other certificated instructional
staff under subsection (3) of this section. The enrollment of
these persons is pursuant to the following conditions:
(a) Such persons shall register for and be enrolled in
courses on a space available basis and no new course sections
shall be created as a result of the registration;
(b) Enrollment information on persons registered pursuant to this section shall be maintained separately from other
enrollment information and shall not be included in official
enrollment reports, nor shall such persons be considered in
any enrollment statistics that would affect budgetary determinations; and
(c) Persons registering on a space available basis shall be
charged a registration fee of not less than five dollars.
(2) For the purposes of this section, "state employees"
means persons employed half-time or more in one or more of
the following employee classifications:
(a) Permanent employees in classified service under
chapter 41.06 RCW;
(b) Permanent employees governed by chapter 41.56
RCW pursuant to the exercise of the option under *RCW
41.56.201;
(c) Permanent classified employees and exempt paraprofessional employees of technical colleges; and
(d) Faculty, counselors, librarians, and exempt professional and administrative employees at institutions of higher
education as defined in RCW 28B.10.016.
(3) The waivers available to state employees under this
section shall also be available to teachers and other certificated instructional staff employed at public common and
vocational schools, holding or seeking a valid endorsement
and assignment in a state-identified shortage area.
(4) In awarding waivers, an institution of higher education may award waivers to eligible persons employed by the
institution before considering waivers for eligible persons
who are not employed by the institution.
(5) If an institution of higher education exercises the
authority granted under this section, it shall include all eligible state employees in the pool of persons eligible to participate in the program.
(6) In establishing eligibility to receive waivers, institutions of higher education may not discriminate between fulltime employees and employees who are employed half-time
or more. [2007 c 461 § 1; 2005 c 249 § 4; 2003 c 160 § 2;
1997 c 211 § 1; 1996 c 305 § 3; 1992 c 231 § 20; 1990 c 88 §
1.]
28B.15.558
*Reviser’s note: RCW 41.56.201 was repealed by 2002 c 354 § 403,
effective July 1, 2005.
Finding—Intent—2003 c 160: "The legislature finds that military and
naval veterans who have served their country in wars on foreign soil have
[Title 28B RCW—page 76]
risked their own lives to defend both the lives of all Americans and the freedom that define[s] and distinguish[es] our nation. It is the intent of the legislature to honor veterans of the Korean conflict for the public service they
have provided to their country." [2003 c 160 § 1.]
Effective date—1996 c 305 § 3: "Section 3 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect immediately [March 30, 1996]." [1996 c 305 § 4.]
Severability—1996 c 305: See note following RCW 28B.85.020.
Effective date—1992 c 231: See note following RCW 28B.10.016.
28B.15.600 Refunds or cancellation of fees—Fouryear institutions of higher education. (1) The governing
boards of the state universities, the regional universities, and
The Evergreen State College may refund or cancel in full the
tuition and services and activities fees if the student withdraws from a university or college course or program prior to
the sixth day of instruction of the quarter or semester for
which the fees have been paid or are due. If the student withdraws on or after the sixth day of instruction, the governing
boards may refund or cancel up to one-half of the fees, provided such withdrawal occurs within the first thirty calendar
days following the beginning of instruction. However, if a
different policy is required by federal law in order for the
institution of higher education to maintain eligibility for federal funding of programs, the governing board may adopt a
refund policy that meets the minimum requirements of the
federal law, and the policy may treat all students attending
the institution in the same manner. Additionally, if federal
law provides that students who receive federal financial aid
must return a larger amount to the federal government than
that refunded by the institution, the governing board may
adopt a refund policy that uses the formula used to calculate
the amount returned to the federal government, and the policy
may treat all students attending the institution in the same
manner.
(2) The governing boards of the respective universities
and college may adopt rules for the refund of tuition and fees
for courses or programs that begin after the start of the regular quarter or semester.
(3) The governing boards may extend the refund or cancellation period for students who withdraw for medical reasons, shall adopt policies that comply with RCW 28B.10.270
for students who are called into the military service of the
United States, and may refund other fees pursuant to such
rules as they may prescribe. [2004 c 161 § 2; 2003 c 319 § 1;
1995 c 36 § 1; 1993 sp.s. c 18 § 22; 1991 c 164 § 5; 1985 c
390 § 32; 1983 c 256 § 1; 1977 ex.s. c 169 § 40; 1973 1st ex.s.
c 46 § 2; 1971 ex.s. c 279 § 15; 1969 ex.s. c 223 §
28B.15.600. Prior: 1963 c 89 § 1. Formerly RCW
28.76.430.]
28B.15.600
Effective date—2004 c 161: See note following RCW 28B.10.270.
Effective date—1995 c 36: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 13, 1995]." [1995 c 36 § 3.]
Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Severability—1973 1st ex.s. c 46: See note following RCW
28B.10.704.
Severability—1971 ex.s. c 279: See note following RCW 28B.15.005.
(2008 Ed.)
College and University Fees
28B.15.605 Refunds or cancellation of fees—Community colleges and technical colleges. (1) The governing
boards of the community colleges and technical colleges
shall refund or cancel up to one hundred percent but no less
than eighty percent of the tuition and services and activities
fees if the student withdraws from a college course or program before the sixth day of instruction of the regular quarter
for which the fees have been paid or are due. If the student
withdraws on or after the sixth day of instruction, the governing boards shall refund or cancel up to fifty percent but no
less than forty percent of the fees provided such withdrawal
occurs within the first twenty calendar days following the
beginning of instruction. However, if a different policy is
required by federal law in order for the college to maintain
eligibility for federal funding of programs, the governing
board may adopt a refund policy that meets the minimum
requirements of the federal law and the policy may treat all
students attending the institution in the same manner.
(2) The governing boards of the respective community
college or technical college shall adopt rules consistent with
subsection (1) of this section for the refund of tuition and fees
for the summer quarter and for courses or programs that
begin after the start of the regular quarter.
(3) The governing boards of community colleges and
technical colleges may extend the refund or cancellation
period for students who withdraw for medical reasons and
shall adopt policies that comply with RCW 28B.10.270 for
students who are called into the military service of the United
States. [2004 c 161 § 3; 1995 c 36 § 2.]
28B.15.605
Effective date—2004 c 161: See note following RCW 28B.10.270.
Effective date—1995 c 36: See note following RCW 28B.15.600.
28B.15.610 Voluntary fees of students. The provisions of this chapter shall not apply to or affect any student
fee or charge which the students voluntarily maintain upon
themselves for student purposes only. [1969 ex.s. c 223 §
28B.15.610. Prior: 1915 c 66 § 8; RRS § 4552. Formerly
RCW 28.77.065.]
28B.15.610
28B.15.615 Exemption from resident operating fees
and technology fees for persons holding graduate service
appointments. Subject to the limitations of RCW
28B.15.910, the governing boards of the state universities
and the regional universities may exempt the following students from paying all or a portion of the resident operating
fee and the technology fee: Students granted a graduate service appointment, designated as such by the institution,
involving not less than twenty hours of work per week. The
exemption shall be for the term of the appointment. [1996 c
142 § 3; 1993 sp.s. c 18 § 23; 1992 c 231 § 21; 1984 c 105 §
1.]
28B.15.615
Severability—Effective date—1996 c 142: See notes following RCW
28B.15.031.
Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060.
Effective date—1992 c 231: See note following RCW 28B.10.016.
28B.15.621 Tuition waivers—Veterans and national
guard members—Dependents—Private institutions. (1)
The legislature finds that active military and naval veterans,
reserve military and naval veterans, and national guard mem28B.15.621
(2008 Ed.)
28B.15.621
bers called to active duty have served their country and have
risked their lives to defend the lives of all Americans and the
freedoms that define and distinguish our nation. The legislature intends to honor active military and naval veterans,
reserve military and naval veterans, and national guard members who have served on active military or naval duty for the
public service they have provided to this country.
(2) Subject to the limitations in RCW 28B.15.910, the
governing boards of the state universities, the regional universities, The Evergreen State College, and the community
colleges, may waive all or a portion of tuition and fees for an
eligible veteran or national guard member.
(3) The governing boards of the state universities, the
regional universities, The Evergreen State College, and the
community colleges, may waive all or a portion of tuition and
fees for a military or naval veteran who is a Washington
domiciliary, but who did not serve on foreign soil or in international waters or in another location in support of those
serving on foreign soil or in international waters and who
does not qualify as an eligible veteran or national guard member under subsection (8) of this section. However, there shall
be no state general fund support for waivers granted under
this subsection.
(4) Subject to the conditions in subsection (5) of this section and the limitations in RCW 28B.15.910, the governing
boards of the state universities, the regional universities, The
Evergreen State College, and the community colleges, shall
waive all tuition and fees for the following persons:
(a) A child and the spouse or the domestic partner or surviving spouse or surviving domestic partner of an eligible
veteran or national guard member who became totally disabled, as defined in RCW 28B.15.385, as a result of serving
in active federal military or naval service, or who is determined by the federal government to be a prisoner of war or
missing in action; and
(b) A child and the surviving spouse or surviving domestic partner of an eligible veteran or national guard member
who lost his or her life as a result of serving in active federal
military or naval service.
(5) The conditions in this subsection (5) apply to waivers
under subsection (4) of this section.
(a) A child must be a Washington domiciliary between
the age of seventeen and twenty-six to be eligible for the
tuition waiver. A child’s marital status does not affect eligibility.
(b)(i) A surviving spouse or surviving domestic partner
must be a Washington domiciliary.
(ii) Except as provided in (b)(iii) of this subsection, a
surviving spouse or surviving domestic partner has ten years
from the date of the death, total disability, or federal determination of prisoner of war or missing in action status of the eligible veteran or national guard member to receive benefits
under the waiver. Upon remarriage or registration in a subsequent domestic partnership, the surviving spouse or surviving
domestic partner is ineligible for the waiver of all tuition and
fees.
(iii) If a death results from total disability, the surviving
spouse has ten years from the date of death in which to
receive benefits under the waiver.
(c) Each recipient’s continued participation is subject to
the school’s satisfactory progress policy.
[Title 28B RCW—page 77]
28B.15.625
Title 28B RCW: Higher Education
(d) Tuition waivers for graduate students are not required
for those who qualify under subsection (4) of this section but
are encouraged.
(e) Recipients who receive a waiver under subsection (4)
of this section may attend full-time or part-time. Total credits
earned using the waiver may not exceed two hundred quarter
credits, or the equivalent of semester credits.
(6) Required waivers of all tuition and fees under subsection (4) of this section shall not affect permissive waivers of
tuition and fees under subsection (3) of this section.
(7) Private vocational schools and private higher education institutions are encouraged to provide waivers consistent
with the terms in subsections (2) through (5) of this section.
(8) The definitions in this subsection apply throughout
this section.
(a) "Eligible veteran or national guard member" means a
Washington domiciliary who was an active or reserve member of the United States military or naval forces, or a national
guard member called to active duty, who served in active federal service, under either Title 10 or Title 32 of the United
States Code, in a war or conflict fought on foreign soil or in
international waters or in another location in support of those
serving on foreign soil or in international waters, and if discharged from service, has received an honorable discharge.
(b) "Totally disabled" means a person who has been
determined to be one hundred percent disabled by the federal
department of veterans affairs.
(c) "Washington domiciliary" means a person whose
true, fixed, and permanent house and place of habitation is
the state of Washington. "Washington domiciliary" includes
a person who is residing in rental housing or residing in base
housing. In ascertaining whether a child or surviving spouse
or surviving domestic partner is domiciled in the state of
Washington, public institutions of higher education shall, to
the fullest extent possible, rely upon the standards provided
in RCW 28B.15.013.
(9) As used in subsection (4) of this section, "fees"
includes all assessments for costs incurred as a condition to a
student’s full participation in coursework and related activities at an institution of higher education.
(10) The governing boards of the state universities, the
regional universities, The Evergreen State College, and the
community colleges shall report to the higher education committees of the legislature by November 15, 2010, and every
two years thereafter, regarding the status of implementation
of the waivers under subsection (4) of this section. The
reports shall include the following data and information:
(a) Total number of waivers;
(b) Total amount of tuition waived;
(c) Total amount of fees waived;
(d) Average amount of tuition and fees waived per recipient;
(e) Recipient demographic data that is disaggregated by
distinct ethnic categories within racial subgroups; and
(f) Recipient income level, to the extent possible. [2008
c 188 § 1; 2008 c 6 § 501; 2007 c 450 § 1; 2005 c 249 § 1.]
Reviser’s note: This section was amended by 2008 c 6 § 501 and by
2008 c 188 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
[Title 28B RCW—page 78]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
28B.15.625 Rights of Washington national guard and
other military reserve students called to active service.
Private vocational schools and private higher education institutions are encouraged to provide students who are members
of the Washington national guard or any other military
reserve component and who are ordered for a period exceeding thirty days into active state service or federal active military service the same rights and opportunities provided under
RCW 28B.10.270 by public higher education institutions.
[2004 c 161 § 4; 1991 c 164 § 10.]
28B.15.625
Effective date—2004 c 161: See note following RCW 28B.10.270.
28B.15.700 Nonresident tuition fees—Exemption
under Western regional higher education compact contracts. See RCW 28B.70.050.
28B.15.700
28B.15.725 Home tuition programs. (1) The governing boards of the state universities, the regional universities,
and The Evergreen State College may establish home tuition
programs by negotiating home tuition agreements with an
out-of-state institution or consortium of institutions of higher
education if no loss of tuition and fee revenue occurs as a
result of the agreements.
(2) Home tuition agreements allow students at Washington state institutions of higher education to attend an out-ofstate institution of higher education as part of a student
exchange. Students participating in a home tuition program
shall pay an amount equal to their regular, full-time tuition
and required fees to either the Washington institution of
higher education or the out-of-state institution of higher education depending upon the provisions of the particular agreement. Payment of course fees in excess of generally applicable tuition and required fees must be addressed in each home
tuition agreement to ensure that the instructional programs of
the Washington institution of higher education do not incur
additional uncompensated costs as a result of the exchange.
(3) Student participation in a home tuition agreement
authorized by this section is limited to one academic year.
(4) Students enrolled under a home tuition agreement
shall reside in Washington state for the duration of the program, may not use the year of enrollment under this program
to establish Washington state residency, and are not eligible
for state financial aid. [1997 c 433 § 4; 1994 c 234 § 1; 1993
sp.s. c 18 § 26; 1992 c 231 § 24; 1989 c 290 § 2.]
28B.15.725
Intent—1997 c 433: "It is the intent of the legislature to provide for
diverse educational opportunities at the state’s institutions of higher education and to facilitate student participation in educational exchanges with
institutions outside the state of Washington. To accomplish this, this act
establishes a home tuition program allowing students at Washington state
institutions of higher education to take advantage of out-of-state and international educational opportunities while paying an amount equal to their regularly charged tuition and required fees." [1997 c 433 § 1.]
Severability—1997 c 433: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1997 c 433 § 6.]
Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Intent—1989 c 290; 1994 c 234: "The legislature recognizes that a
unique educational experience can result from an undergraduate student
(2008 Ed.)
College and University Fees
attending an out-of-state institution. It also recognizes that some Washington
residents may be unable to pursue such out-of-state enrollment owing to their
limited financial resources and the higher cost of nonresident tuition. The
legislature intends to facilitate expanded nonresident undergraduate enrollment opportunities for residents of the state by authorizing the governing
boards of the four-year institutions of higher education to enter into
exchange programs with other states’ institutions with comparable programs
wherein the participating institutions agree that visiting undergraduate students will pay resident tuition rates of the host institutions." [1994 c 234 § 2;
1989 c 290 § 1.]
28B.15.740
28B.15.734 Washington/Oregon reciprocity tuition
and fee program—Implementation agreement. The
higher education coordinating board may enter into an agreement with appropriate officials or agencies in Oregon to
implement the provisions of RCW 28B.15.730 through
28B.15.734. [1985 c 370 § 71; 1979 c 80 § 3.]
28B.15.734
Severability—1979 c 80: See note following RCW 28B.15.730.
28B.15.736 Washington/Oregon reciprocity tuition
and fee program—Program review. By January 10 of each
odd-numbered year, the higher education coordinating board
shall review the costs and benefits of this program and shall
transmit copies of their review to the governor and the appropriate policy and fiscal committees of the legislature. [1985
c 370 § 72; 1983 c 104 § 2; 1979 c 80 § 4.]
28B.15.736
28B.15.730 Waiver of nonresident tuition fees differential—Washington/Oregon reciprocity program. Subject to the limitations of RCW 28B.15.910, the state board for
community and technical colleges and the governing boards
of the state universities, the regional universities, the community colleges, and The Evergreen State College may waive all
or a portion of the nonresident tuition fees differential for residents of Oregon, upon completion of and to the extent permitted by an agreement between the higher education coordinating board and appropriate officials and agencies in Oregon
granting similar waivers for residents of the state of Washington. [1993 sp.s. c 18 § 27; 1992 c 231 § 25; 1985 c 370 §
69; 1983 c 104 § 1; 1979 c 80 § 1.]
28B.15.730
Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Severability—1979 c 80: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1979 c 80 § 5.]
28B.15.732 Washington/Oregon reciprocity tuition
and fee program—Reimbursement when greater net revenue loss. Prior to January 1 of each odd-numbered year the
higher education coordinating board, in cooperation with the
*state board for community college education, and in consultation with appropriate agencies and officials in the state of
Oregon, shall determine for the purposes of RCW
28B.15.730 the number of students for whom nonresident
tuition and fees have been waived for the first academic year
of the biennium and the fall term of the second academic
year, and make an estimate of the number of such students for
the remainder of the second academic year, and the difference between the aggregate amount of tuition and fees that
would have been paid to the respective states by residents of
the other state had such waivers not been made, and the
aggregate amount of tuition and fees paid by residents of the
other state. Should the board determine that the state of Oregon has experienced a greater net tuition and fee revenue loss
than institutions in Washington, it shall pay from funds
appropriated for this purpose to the appropriate agency or
institutions in Oregon an amount determined by subtracting
the net tuition and fee revenue loss of Washington from the
net tuition and fee revenue loss of Oregon, minus twenty-five
thousand dollars for each year of the biennium: PROVIDED,
That appropriate officials in the state of Oregon agree to
make similar restitution to the state of Washington should the
net tuition and fee revenue loss in Washington be greater than
that in Oregon. [1985 c 370 § 70; 1979 c 80 § 2.]
28B.15.732
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Severability—1979 c 80: See note following RCW 28B.15.730.
(2008 Ed.)
Severability—1979 c 80: See note following RCW 28B.15.730.
28B.15.740 Limitation on total tuition and fee waivers. (1) Subject to the limitations of RCW 28B.15.910, the
governing boards of the state universities, the regional universities, The Evergreen State College, and the community
colleges may waive all or a portion of tuition and fees for
needy students who are eligible for resident tuition and fee
rates pursuant to RCW 28B.15.012 and 28B.15.013. Subject
to the limitations of RCW 28B.15.910, the governing boards
of the state universities, the regional universities, The Evergreen State College, and the community colleges may waive
all or a portion of tuition and fees for other students at the discretion of the governing boards, except on the basis of participation in intercollegiate athletic programs, not to exceed
three-fourths of one percent of gross authorized operating
fees revenue under RCW 28B.15.910 for the community colleges considered as a whole and not to exceed two percent of
gross authorized operating fees revenue for the other institutions of higher education.
(2) In addition to the tuition and fee waivers provided in
subsection (1) of this section and subject to the provisions of
RCW 28B.15.455, 28B.15.460, and 28B.15.910, a total dollar amount of tuition and fee waivers awarded by any state
university, regional university, or state college under this
chapter, not to exceed one percent, as calculated in subsection
(1) of this section, may be used for the purpose of achieving
or maintaining gender equity in intercollegiate athletic programs. At any institution that has an underrepresented gender
class in intercollegiate athletics, any such waivers shall be
awarded:
(a) First, to members of the underrepresented gender
class who participate in intercollegiate athletics, where such
waivers result in saved or displaced money that can be used
for athletic programs for the underrepresented gender class.
Such saved or displaced money shall be used for programs
for the underrepresented gender class; and
(b) Second, (i) to nonmembers of the underrepresented
gender class who participate in intercollegiate athletics,
where such waivers result in saved or displaced money that
can be used for athletic programs for members of the underrepresented gender class. Such saved or displaced money
shall be used for programs for the underrepresented gender
class; or (ii) to members of the underrepresented gender class
who participate in intercollegiate athletics, where such waiv28B.15.740
[Title 28B RCW—page 79]
28B.15.750
Title 28B RCW: Higher Education
ers do not result in any saved or displaced money that can be
used for athletic programs for members of the underrepresented gender class. [1997 c 207 § 1; 1995 1st sp.s. c 9 § 9;
1993 sp.s. c 18 § 28; 1992 c 231 § 26; 1989 c 340 § 2; 1986 c
232 § 3; 1985 c 390 § 33; 1982 1st ex.s. c 37 § 9; 1980 c 62 §
1; 1979 ex.s. c 262 § 1.]
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031.
Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Effective date—Severability—1982 1st ex.s. c 37: See notes following RCW 28B.15.012.
Severability—1979 ex.s. c 262: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 262 § 5.]
28B.15.750 Waiver of nonresident tuition fees differential—Washington/Idaho reciprocity program. Subject
to the limitations of RCW 28B.15.910, the governing boards
of the state universities, the regional universities, and The
Evergreen State College and the state board for community
and technical colleges may waive all or a portion of the nonresident tuition fees differential for residents of Idaho, upon
completion of and to the extent permitted by an agreement
between the higher education coordinating board and appropriate officials and agencies in Idaho granting similar waivers
for residents of the state of Washington. [1993 sp.s. c 18 §
29; 1992 c 231 § 27; 1985 c 370 § 73; 1983 c 166 § 1.]
28B.15.750
Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060.
Effective date—1992 c 231: See note following RCW 28B.10.016.
28B.15.752 Washington/Idaho reciprocity tuition
and fee program—Reimbursement when greater net revenue loss. Prior to January 1 of each odd-numbered year, the
higher education coordinating board, in cooperation with the
*state board for community college education and in consultation with appropriate agencies and officials in the state of
Idaho, shall determine for the purposes of RCW 28B.15.750
the number of students for whom nonresident tuition and fees
have been waived for the first academic year of the biennium
and the fall term of the second academic year, and make an
estimate of the number of such students for the remainder of
the second academic year, and the difference between the
aggregate amount of tuition and fees that would have been
paid to the respective states by residents of the other state had
such waivers not been made, and the aggregate amount of
tuition and fees paid by residents of the other state. Should
the board determine that the state of Idaho has experienced a
greater net tuition and fee revenue loss than institutions in
Washington, it shall pay from funds appropriated for this purpose to the appropriate agency or institution in Idaho an
amount determined by subtracting the net tuition and fee revenue loss of Washington from the net tuition and fee revenue
loss of Idaho, minus twenty-five thousand dollars for each
year of the biennium if the appropriate officials in the state of
Idaho agree to make similar restitution to the state of Washington should the net tuition and fee revenue loss in Washington be greater than that in Idaho. [1985 c 370 § 74; 1983 c
166 § 2.]
28B.15.752
[Title 28B RCW—page 80]
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
28B.15.754 Washington/Idaho reciprocity tuition
and fee program—Implementation agreement—Program review. The higher education coordinating board may
enter into an agreement with appropriate officials or agencies
in the state of Idaho to implement RCW 28B.15.750 and
28B.15.752. By January 10 of each odd-numbered year, the
board shall review the costs and benefits of any agreement
entered into under RCW 28B.15.750 and shall transmit copies of their review to the governor and the appropriate policy
and fiscal committees of the legislature. [1987 c 446 § 1;
1985 c 370 § 75; 1983 c 166 § 3.]
28B.15.754
Effective date—1987 c 446: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 30,
1987." [1987 c 446 § 5.]
28B.15.756 Waiver of nonresident tuition fees differential—Washington/British Columbia reciprocity program. Subject to the limitations of RCW 28B.15.910, the
governing boards of the state universities, the regional universities, and The Evergreen State College and the state
board for community and technical colleges may waive all or
a portion of the nonresident tuition fees differential for residents of the Canadian province of British Columbia, upon
completion of and to the extent permitted by an agreement
between the higher education coordinating board and appropriate officials and agencies in the Canadian province of British Columbia providing for enrollment opportunities for residents of the state of Washington without payment of tuition
or fees in excess of those charged to residents of British
Columbia. [1993 sp.s. c 18 § 30; 1992 c 231 § 28; 1987 c 446
§ 2; 1985 c 370 § 76; 1983 c 166 § 4.]
28B.15.756
Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Effective date—1987 c 446: See note following RCW 28B.15.754.
28B.15.758 Washington/British Columbia reciprocity tuition and fee program—Implementation agreement—Program review. The higher education coordinating
board may enter into an agreement with appropriate officials
or agencies in the Canadian province of British Columbia to
implement RCW 28B.15.756. The agreement should provide
for a balanced exchange of enrollment opportunities, without
payment of excess tuition or fees, for residents of the state of
Washington or the Canadian province of British Columbia.
By January 10 of each odd-numbered year, the board shall
review the costs and benefits of any agreement entered into
under RCW 28B.15.756 and shall transmit copies of their
review to the governor and the appropriate policy and fiscal
committees of the legislature. [1987 c 446 § 3; 1985 c 370 §
77; 1983 c 166 § 5.]
28B.15.758
Effective date—1987 c 446: See note following RCW 28B.15.754.
28B.15.760 Loan program for mathematics and science teachers—Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout RCW 28B.15.762 and 28B.15.764.
28B.15.760
(2008 Ed.)
College and University Fees
(1) "Institution of higher education" or "institution"
means a college or university in the state of Washington
which is a member institution of an accrediting association
recognized as such by rule of the higher education coordinating board.
(2) "Board" means the higher education coordinating
board.
(3) "Eligible student" means a student registered for at
least ten credit hours or the equivalent and demonstrates
achievement of a 3.00 grade point average for each academic
year, who is a resident student as defined by RCW
28B.15.012 through 28B.15.015, who is a "needy student" as
defined in RCW 28B.92.030, and who has a declared major
in a program leading to a degree in teacher education in a
field of science or mathematics, or a certificated teacher who
meets the same credit hour and "needy student" requirements
and is seeking an additional degree in science or mathematics.
(4) "Public school" means a middle school, junior high
school, or high school within the public school system
referred to in Article IX of the state Constitution.
(5) "Forgiven" or "to forgive" means to collect service as
a teacher in a field of science or mathematics at a public
school in the state of Washington in lieu of monetary payment.
(6) "Satisfied" means paid-in-full.
(7) "Borrower" means an eligible student who has
received a loan under RCW 28B.15.762. [2004 c 275 § 65;
1985 c 370 § 79; 1983 1st ex.s. c 74 § 1.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Severability—1983 1st ex.s. c 74: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 1st ex.s. c 74 § 6.]
28B.15.790
interest on the loan shall begin the next payment period and
continue until the remainder of the loan is paid.
(2) The board is responsible for collection of loans made
under subsection (1) of this section and shall exercise due diligence in such collection, maintaining all necessary records
to insure that maximum repayments are made. Collection and
servicing of loans under subsection (1) of this section shall be
pursued using the full extent of the law, including wage garnishment if necessary, and shall be performed by entities
approved for such servicing by the Washington student loan
guaranty association or its successor agency. The board is
responsible to forgive all or parts of such loans under the criteria established in subsection (1) of this section and shall
maintain all necessary records of forgiven payments.
(3) Receipts from the payment of principal or interest or
any other subsidies to which the board as lender is entitled,
which are paid by or on behalf of borrowers under subsection
(1) of this section, shall be deposited with the higher education coordinating board and shall be used to cover the costs of
making the loans under subsection (1) of this section, maintaining necessary records, and making collections under subsection (2) of this section. The board shall maintain accurate
records of these costs, and all receipts beyond those necessary to pay such costs shall be used to make loans to eligible
students.
(4) Any funds not used to make loans, or to cover the
cost of making loans or making collections, shall be placed in
the state educational trust fund for needy or disadvantaged
students.
(5) The board shall adopt necessary rules to implement
this section. [1996 c 107 § 2; 1985 c 370 § 80; 1983 1st ex.s.
c 74 § 2.]
Severability—1983 1st ex.s. c 74: See note following RCW
28B.15.760.
28B.15.764 Loan program for mathematics and science teachers—Cooperation by board and institutions of
higher education. The board and institutions of higher education shall work cooperatively to implement RCW
28B.15.762 and to publicize this program to eligible students.
[1985 c 370 § 81; 1983 1st ex.s. c 74 § 3.]
28B.15.764
28B.15.762
28B.15.762 Loan program for mathematics and science teachers—Terms and conditions—Collection—Disposition of payments—Rules. (1) The board may make
long-term loans to eligible students at institutions of higher
education from the funds appropriated to the board for this
purpose. The amount of any such loan shall not exceed the
demonstrated financial need of the student or two thousand
five hundred dollars for each academic year whichever is
less, and the total amount of such loans to an eligible student
shall not exceed ten thousand dollars. The interest rates and
terms of deferral of such loans shall be consistent with the
terms of the guaranteed loan program established by 20
U.S.C. Sec. 1701 et seq. The period for repaying the loan
principal and interest shall be ten years with payments accruing quarterly commencing nine months from the date the borrower graduated. The entire principal and interest of each
loan payment shall be forgiven for each payment period in
which the borrower teaches science or mathematics in a public school in this state until the entire loan is satisfied or the
borrower ceases to teach science or mathematics at a public
school in this state. Should the borrower cease to teach science or mathematics at a public school in this state before the
time in which the principal and interest on the loan are satisfied, payments on the unsatisfied portion of the principal and
(2008 Ed.)
Severability—1983 1st ex.s. c 74: See note following RCW
28B.15.760.
28B.15.766 Loan program for mathematics and science teachers—Duration—*Legislative budget committee review. No loans shall be made after August 23, 1989,
until the program is reviewed by the *legislative budget committee and is reenacted by the legislature. [1983 1st ex.s. c 74
§ 4.]
28B.15.766
*Reviser’s note: The "legislative budget committee" was redesignated
the "joint legislative audit and review committee" by 1996 c 288 § 3.
Severability—1983 1st ex.s. c 74: See note following RCW
28B.15.760.
28B.15.790 Effective communication—Intent. The
legislature finds that the quality of undergraduate education
is enhanced by association with graduate assistants from
other countries who can effectively communicate their
knowledge and diverse cultural backgrounds.
28B.15.790
[Title 28B RCW—page 81]
28B.15.792
Title 28B RCW: Higher Education
It is the intent of the legislature to assist the institutions
in their effort to improve the quality of undergraduate education at the state’s four-year colleges and universities. Attainment of an excellent education is facilitated when communication is clear, concise, sensitive to cultural differences, and
demonstrative of proven pedagogical skills. It is the further
intent of the legislature to assure students and parents that
graduate teaching assistants at our state institutions of higher
education are able to communicate effectively and understandably with undergraduate students. [1991 c 228 § 1.]
28B.15.792 Effective communication—Principles.
The Washington state legislature affirms the following principles:
(1) Washington’s college and university students are
entitled to excellent instruction at the state’s institutions of
higher education. Excellent education requires the ability to
communicate effectively in college classrooms and laboratories.
(2) The presence of students, faculty, and staff from
other countries on Washington’s college campuses enriches
the educational experience of Washington’s students and
enhances scholarship and research at the state’s colleges and
universities.
(3) With the exception of courses designed to be taught
primarily in a foreign language, undergraduate students shall
be provided with classroom instruction, laboratory instruction, clinics, seminars, studios, and other participatory and
activity courses by a person fluent in both the spoken and
written English language.
(4) Persons of all nationalities, races, religions, and ethnic backgrounds are welcome and valued in the state of
Washington. [1991 c 228 § 2.]
28B.15.792
28B.15.794 Effective communication—Implementation of principles. The governing board of each state university, regional university, state college, and community college shall ensure that the principles in *section 1 of this act
are implemented at its institution of higher education. [1991
c 228 § 3.]
28B.15.794
*Reviser’s note: A translation of "section 1 of this act" is RCW
28B.15.790. RCW 28B.15.792 was apparently intended.
28B.15.796 Effective communication—Task force to
improve communication and teaching skills of faculty and
teaching assistants. The council of presidents, in consultation with the higher education coordinating board, shall convene a task force of representatives from the four-year universities and colleges. The task force shall:
(1) Review institutional policies and procedures
designed to ensure that faculty and teaching assistants are
able to communicate effectively with undergraduate students
in classrooms and laboratories;
(2) Research methods and procedures designed to
improve the communication and teaching skills of any person
funded by state money who instructs undergraduate students
in classrooms and laboratories;
(3) Share the results of that research with each participating university and college; and
28B.15.796
[Title 28B RCW—page 82]
(4) Work with each participating university and college
to assist the institution in its efforts to improve the communication and pedagogical skills of faculty and teaching assistants instructing undergraduate students. [1991 c 228 § 4.]
28B.15.800 Pledged bond retirement funds to be set
aside from tuition and fees—1977 ex.s. c 322. Notwithstanding any other section of chapter 322, Laws of 1977 ex.
sess., the boards of regents and trustees of the respective
institutions of higher education shall set aside from tuition
and fees charged in each schedule an amount heretofore
pledged and necessary for the purposes of bond retirement
until such time as any such debt has been satisfied. [1985 c
390 § 34; 1977 ex.s. c 322 § 15.]
28B.15.800
Severability—1977 ex.s. c 322: See note following RCW 28B.15.065.
28B.15.805 Pledged bond retirement funds to be set
aside from tuition and fees—1981 c 257. Notwithstanding
any other provision of chapter 257, Laws of 1981, the boards
of regents and trustees of the respective institutions of higher
education shall set aside from tuition and fees charged in each
schedule an amount heretofore pledged and necessary for the
purposes of bond retirement until such time as any such debt
has been satisfied. [1981 c 257 § 10.]
28B.15.805
Severability—1981 c 257: See note following RCW 28B.15.031.
28B.15.820 Institutional financial aid fund—"Eligible student" defined. (1) Each institution of higher education, including technical colleges, shall deposit a minimum of
three and one-half percent of revenues collected from tuition
and services and activities fees in an institutional financial
aid fund that is hereby created and which shall be held
locally. Moneys in the fund shall be used only for the following purposes: (a) To make guaranteed long-term loans to eligible students as provided in subsections (3) through (8) of
this section; (b) to make short-term loans as provided in subsection (9) of this section; or (c) to provide financial aid to
needy students as provided in subsection (10) of this section.
(2) An "eligible student" for the purposes of subsections
(3) through (8) and (10) of this section is a student registered
for at least three credit hours or the equivalent, who is eligible
for resident tuition and fee rates as defined in RCW
28B.15.012 and 28B.15.013, and who is a "needy student" as
defined in RCW 28B.92.030.
(3) The amount of the guaranteed long-term loans made
under this section shall not exceed the demonstrated financial
need of the student. Each institution shall establish loan
terms and conditions which shall be consistent with the terms
of the guaranteed loan program established by 20 U.S. Code
Section 1071 et seq., as now or hereafter amended. All loans
made shall be guaranteed by the Washington student loan
guaranty association or its successor agency. Institutions are
hereby granted full authority to operate as an eligible lender
under the guaranteed loan program.
(4) Before approving a guaranteed long-term loan, each
institution shall analyze the ability of the student to repay the
loan based on factors which include, but are not limited to,
the student’s accumulated total education loan burdens and
the employment opportunities and average starting salary
characteristics of the student’s chosen fields of study. The
28B.15.820
(2008 Ed.)
College and University Fees
institution shall counsel the student on the advisability of
acquiring additional debt, and on the availability of other
forms of financial aid.
(5) Each institution is responsible for collection of guaranteed long-term loans made under this section and shall
exercise due diligence in such collection, maintaining all necessary records to insure that maximum repayments are made.
Institutions shall cooperate with other lenders and the Washington student loan guaranty association, or its successor
agency, in the coordinated collection of guaranteed loans,
and shall assure that the guarantability of the loans is not violated. Collection and servicing of guaranteed long-term loans
under this section shall be performed by entities approved for
such servicing by the Washington student loan guaranty association or its successor agency: PROVIDED, That institutions be permitted to perform such servicing if specifically
recognized to do so by the Washington student loan guaranty
association or its successor agency. Collection and servicing
of guaranteed long-term loans made by community colleges
under subsection (1) of this section shall be coordinated by
the state board for community and technical colleges and
shall be conducted under procedures adopted by the state
board.
(6) Receipts from payment of interest or principal or any
other subsidies to which institutions as lenders are entitled,
that are paid by or on behalf of borrowers of funds under subsections (3) through (8) of this section, shall be deposited in
each institution’s financial aid fund and shall be used to cover
the costs of making the guaranteed long-term loans under this
section and maintaining necessary records and making collections under subsection (5) of this section: PROVIDED,
That such costs shall not exceed five percent of aggregate
outstanding loan principal. Institutions shall maintain accurate records of such costs, and all receipts beyond those necessary to pay such costs, shall be deposited in the institution’s
financial aid fund.
(7) The governing boards of the state universities, the
regional universities, and The Evergreen State College, and
the state board for community and technical colleges, on
behalf of the community colleges and technical colleges,
shall each adopt necessary rules and regulations to implement
this section.
(8) First priority for any guaranteed long-term loans
made under this section shall be directed toward students
who would not normally have access to educational loans
from private financial institutions in Washington state, and
maximum use shall be made of secondary markets in the support of loan consolidation.
(9) Short-term loans, not to exceed one year, may be
made from the institutional financial aid fund to students
enrolled in the institution. No such loan shall be made to any
student who is known by the institution to be in default or
delinquent in the payment of any outstanding student loan. A
short-term loan may be made only if the institution has ample
evidence that the student has the capability of repaying the
loan within the time frame specified by the institution for
repayment.
(10) Any moneys deposited in the institutional financial
aid fund that are not used in making long-term or short-term
loans may be used by the institution for locally administered
financial aid programs for needy students, such as need-based
(2008 Ed.)
28B.15.910
institutional employment programs or need-based tuition and
fee scholarship or grant programs. These funds shall be used
in addition to and not to replace institutional funds that would
otherwise support these locally administered financial aid
programs. First priority in the use of these funds shall be
given to needy students who have accumulated excessive
educational loan burdens. An excessive educational loan
burden is a burden that will be difficult to repay given
employment opportunities and average starting salaries in the
student’s chosen fields of study. Second priority in the use of
these funds shall be given to needy single parents, to assist
these students with their educational expenses, including
expenses associated with child care and transportation. [2007
c 404 § 4; 2004 c 275 § 66; 1995 1st sp.s. c 9 § 10. Prior:
1993 c 385 § 1; 1993 c 173 § 1; 1985 c 390 § 35; 1983 1st
ex.s. c 64 § 1; 1982 1st ex.s. c 37 § 13; 1981 c 257 § 9.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031.
Effective date—Severability—1982 1st ex.s. c 37: See notes following RCW 28B.15.012.
Severability—1981 c 257: See note following RCW 28B.15.031.
28B.15.900 "State universities," "regional universities," "state college," "institutions of higher education,"
and "postsecondary institutions" defined. See RCW
28B.10.016.
28B.15.900
28B.15.910 Limitation on total operating fees revenue waived, exempted, or reduced—Outreach to veterans. (1) For the purpose of providing state general fund support to public institutions of higher education, except for revenue waived under programs listed in subsections (3) and (4)
of this section, and unless otherwise expressly provided in the
omnibus state appropriations act, the total amount of operating fees revenue waived, exempted, or reduced by a state university, a regional university, The Evergreen State College,
or the community colleges as a whole, shall not exceed the
percentage of total gross authorized operating fees revenue in
this subsection. As used in this section, "gross authorized
operating fees revenue" means the estimated gross operating
fees revenue as estimated under RCW 82.33.020 or as
revised by the office of financial management, before granting any waivers. This limitation applies to all tuition waiver
programs established before or after July 1, 1992.
(a) University of Washington
21 percent
(b) Washington State University
20 percent
(c) Eastern Washington University
11 percent
(d) Central Washington University
10 percent
(e) Western Washington University
10 percent
(f) The Evergreen State College
10 percent
(g) Community colleges as a whole
35 percent
(2) The limitations in subsection (1) of this section apply
to waivers, exemptions, or reductions in operating fees contained in the following:
(a) RCW 28B.15.014;
(b) RCW 28B.15.100;
(c) RCW 28B.15.225;
(d) RCW 28B.15.380;
(e) RCW 28B.15.520;
28B.15.910
[Title 28B RCW—page 83]
28B.15.915
Title 28B RCW: Higher Education
(f) RCW 28B.15.526;
(g) RCW 28B.15.527;
(h) RCW 28B.15.543;
(i) RCW 28B.15.545;
(j) RCW 28B.15.555;
(k) RCW 28B.15.556;
(l) RCW 28B.15.615;
(m) RCW 28B.15.621 (2) and (4);
(n) RCW 28B.15.730;
(o) RCW 28B.15.740;
(p) RCW 28B.15.750;
(q) RCW 28B.15.756;
(r) RCW 28B.50.259; and
(s) RCW 28B.70.050.
(3) The limitations in subsection (1) of this section do
not apply to waivers, exemptions, or reductions in services
and activities fees contained in the following:
(a) RCW 28B.15.522;
(b) RCW 28B.15.540;
(c) RCW 28B.15.558; and
(d) RCW 28B.15.621(3).
(4) The total amount of operating fees revenue waived,
exempted, or reduced by institutions of higher education participating in the western interstate commission for higher
education western undergraduate exchange program under
RCW 28B.15.544 shall not exceed the percentage of total
gross authorized operating fees revenue in this subsection.
(a) Washington State University
1 percent
(b) Eastern Washington University
3 percent
(c) Central Washington University
3 percent
(5) The institutions of higher education will participate
in outreach activities to increase the number of veterans who
receive tuition waivers. Colleges and universities shall revise
the application for admissions so that all applicants shall have
the opportunity to advise the institution that they are veterans
who need assistance. If a person indicates on the application
for admissions that the person is a veteran who is in need of
assistance, then the institution of higher education shall ask
the person whether they have any funds disbursed in accordance with the Montgomery GI Bill available to them. Each
institution shall encourage veterans to utilize funds available
to them in accordance with the Montgomery GI Bill prior to
providing the veteran a tuition waiver. [2008 c 188 § 3.
Prior: 2007 c 522 § 948; 2007 c 450 § 2; 2007 c 130 § 1; 2006
c 229 § 2; 2005 c 249 § 3; 2004 c 275 § 51; 2000 c 152 § 3;
1999 c 344 § 3; 1998 c 346 § 904; 1997 c 433 § 5; 1993 sp.s.
c 18 § 31; 1992 c 231 § 33.]
Severability—Effective date—2007 c 522: See notes following RCW
15.64.050.
Finding—Intent—2006 c 229: "The legislature finds that active military and naval veterans, reserve military and naval veterans, and national
guard members called to active duty have served their country and have
risked their lives to defend the lives of all Americans and the freedoms that
define and distinguish our nation. The legislature intends to honor active
military and naval veterans, reserve military and naval veterans, and national
guard members who have served on active military or naval duty for the public service they have provided to this country by making available to all eligible admitted veterans a waiver of operating fees by a state university, a
regional university, The Evergreen State College, or the community colleges
as a whole, to veterans who qualify under RCW 28B.15.621." [2006 c 229 §
1.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
[Title 28B RCW—page 84]
Findings—Intent—1999 c 344: See note following RCW 28B.15.544.
Construction—Severability—Effective date—1998 c 346: See notes
following RCW 50.24.014.
Intent—Severability—1997 c 433: See notes following RCW
28B.15.725.
Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060.
Effective date—1992 c 231: See note following RCW 28B.10.016.
28B.15.915 Waiver of operating fees—Report. In
addition to waivers granted under the authority of RCW
28B.15.910, the governing boards of the state universities,
the regional universities, The Evergreen State College, and
the community colleges, subject to state board policy, may
waive all or a portion of the operating fees for any student.
There shall be no state general fund support for waivers
granted under this section.
By January 31st of each odd-numbered year, the institutions of higher education shall prepare a report of the costs
and benefits of waivers granted under chapter 152, Laws of
2000 and shall transmit copies of their report to the appropriate policy and fiscal committees of the legislature. [2000 c
152 § 1.]
28B.15.915
Chapter 28B.20
Chapter 28B.20 RCW
UNIVERSITY OF WASHINGTON
Sections
GENERAL
28B.20.010 Designation.
28B.20.020 Purpose.
28B.20.054 Credits—Statewide transfer policy and agreement—Establishment.
28B.20.055 "Major line" defined.
28B.20.057 Major lines common to University of Washington and Washington State University.
28B.20.060 Courses exclusive to University of Washington.
28B.20.095 University fees.
28B.20.100 Regents—Appointment—Terms—Vacancies—Quorum.
28B.20.105 Regents—Organization and conduct of business—Bylaws,
rules and regulations—Meetings.
28B.20.110 Regents—Secretary—Treasurer—Duties—Treasurer’s bond.
28B.20.115 Regents—Oaths.
28B.20.116 Regents—Expenses.
28B.20.117 Regents—Attorney general as advisor.
28B.20.130 Powers and duties of regents—General.
28B.20.134 Powers and duties of regents—Consent to sale of university
granted lands.
28B.20.135 Powers and duties of regents—Employment of architects,
engineers, for construction of buildings and facilities.
28B.20.140 Powers and duties of regents—Contracts for erection of buildings or improvements.
28B.20.145 Powers and duties of regents—Regents’ spending limited by
income.
28B.20.200 Faculty—Composition—General powers.
28B.20.250 Liability coverage of university personnel and students—
Authorized—Scope.
28B.20.253 Liability coverage of university personnel and students—Selfinsurance revolving fund.
28B.20.255 Liability coverage of university personnel and students—As
exclusive authority.
28B.20.277 Mathematics, engineering, and science achievement program—Establishment and administration through university.
28B.20.279 High-technology education and training.
28B.20.280 Masters and doctorate level degrees in technology authorized—Review by higher education coordinating board.
28B.20.283 Washington technology center—Findings.
28B.20.285 Washington technology center—Created—Purpose.
28B.20.287 Washington technology center—Definitions.
28B.20.289 Washington technology center—Administration—Board of
directors.
28B.20.291 Washington technology center—Support from participating
institutions.
(2008 Ed.)
University of Washington
28B.20.293 Washington technology center—Role of department of community, trade, and economic development.
28B.20.295 Washington technology center—Availability of facilities to
other institutions.
28B.20.296 Washington technology center—Renewable energy and
energy efficiency business development—Strategic plan.
28B.20.297 Washington technology center—Small business innovation
research assistance program.
28B.20.298 Clean energy research, development, manufacturing, and marketing—Findings—Policy.
28B.20.300 Schools of medicine, dentistry, and related health services—
Authorization.
28B.20.305 Schools of medicine, dentistry, and related health services—
Purpose.
28B.20.315 Drug testing laboratory—Service—Employees as expert witnesses, traveling expenses and per diem.
28B.20.320 Marine biological preserve—Established and described—
Unlawful gathering of marine biological materials—Penalty.
28B.20.328 Lease of lands with outdoor recreation potential—Restrictions—Unlawful to use posted lands.
28B.20.330 Rights-of-way to railroads and streetcar railways—Conditions.
28B.20.332 Rights-of-way to railroads and streetcar railways—Regents to
make agreement.
28B.20.334 Rights-of-way to railroads and streetcar railways—Form of
deed—Certified copy filed.
28B.20.336 Rights-of-way to railroads and streetcar railways—Deed conveys conditional easement.
28B.20.340 University site dedicated for street and boulevard purposes—
Description.
28B.20.342 University site dedicated for street and boulevard purposes—
Local assessments barred against site.
28B.20.344 University site dedicated for street and boulevard purposes—
Eminent domain may not be exercised against site.
28B.20.350 1947 conveyance for arboretum and botanical garden purposes—Description.
28B.20.352 1947 conveyance for arboretum and botanical garden purposes—Deed of conveyance.
28B.20.354 1947 conveyance for arboretum and botanical garden purposes—Part may be conveyed by regents to city of Seattle.
28B.20.356 1947 conveyance for arboretum and botanical garden purposes—Reversion for unauthorized use—Reconveyance for
highway purposes.
28B.20.360 1939 conveyance of shorelands to university—Description.
28B.20.362 1939 conveyance of shorelands to university—Deed of conveyance.
28B.20.364 1939 conveyance of shorelands to university—Grant for arboretum and botanical garden purposes—Reversion for unauthorized use—Reconveyance for highway purposes.
28B.20.370 Transfer of certain Lake Union shorelands to university.
28B.20.381 "University tract" defined.
28B.20.382 University tract—Conditions for sale, lease, or lease
renewal—Inspection of records—Deposit of proceeds—
University of Washington facilities bond retirement account.
28B.20.394 University tract—Powers of regents—Agreements to pay for
governmental services.
28B.20.395 University tract—Powers of regents, generally.
28B.20.396 University tract—Bonding authority.
28B.20.398 University tract—Powers of regents—Bond issuance—Covenants—Redemption—Action for compliance.
SCHOLARSHIPS, FELLOWSHIPS, SPECIAL RESEARCH
PROJECTS, AND HOSPITAL
28B.20.410 Children’s center for research and training in mental retardation—Established.
28B.20.412 Children’s center for research and training in mental retardation—Administration.
28B.20.414 Children’s center for research and training in mental retardation—Purpose.
28B.20.420 Graduate scholarships for engineering research—Established.
28B.20.422 Graduate scholarships for engineering research—Studies published—Direction of program—Qualifications for candidates.
28B.20.440 University hospital.
28B.20.450 Occupational and environmental research facility—Construction and maintenance authorized—Purpose.
28B.20.452 Occupational and environmental research facility—Industry to
share costs.
28B.20.454 Occupational and environmental research facility—Submission of industrial and occupational health problems to facility—Availability of information.
28B.20.456 Occupational and environmental research facility—Advisory
committee.
(2008 Ed.)
Chapter 28B.20
28B.20.458 Occupational and environmental research facility—Acceptance of loans, gifts, etc.—Presentment of vouchers for payments from accident and medical aid funds.
28B.20.462 Warren G. Magnuson institute for biomedical research and
health professions training—Established.
28B.20.464 Warren G. Magnuson institute—Purposes.
28B.20.466 Warren G. Magnuson institute—Endowment fund earnings.
28B.20.468 Warren G. Magnuson institute—Trust fund.
28B.20.470 Warren G. Magnuson institute—State matching funds.
28B.20.472 Warren G. Magnuson institute—Local endowment fund.
28B.20.475 Sea grant program—Geoduck aquaculture—Scientific
research studies—Reports.
28B.20.476 Sea grant program—Geoduck aquaculture research account.
28B.20.500 Medical students from rural areas—Admission preference.
FINANCING BUILDINGS AND FACILITIES—1957 ACT
28B.20.700 Construction, remodeling, improvement, financing, etc.,
authorized.
28B.20.705 Definitions.
28B.20.710 Contracts, issuance of evidences of indebtedness, acceptance
of grants.
28B.20.715 Bonds—Issuance, sale, form, term, interest, etc.—Covenants—Deposit of proceeds.
28B.20.720 University of Washington bond retirement fund—Composition—Pledge of building fees.
28B.20.721 Revenues derived from certain university lands deposited in
University of Washington bond retirement fund.
28B.20.725 Additional powers of board—Issuance of bonds, investments,
transfer of funds, etc.
28B.20.730 Refunding bonds.
28B.20.735 Bonds not general obligations—Legislature may provide additional means of payment.
28B.20.740 RCW 28B.20.700 through 28B.20.740 as concurrent with
other laws.
MISCELLANEOUS
28B.20.745 Validation—1959 c 193.
28B.20.750 Hospital project bonds—State general obligation bonds in lieu
of revenue bonds.
28B.20.751 Hospital project bonds—Amount authorized.
28B.20.752 Hospital project bonds—Bond anticipation notes, authorized,
payment.
28B.20.753 Hospital project bonds—Form, terms, conditions, sale, and
covenants for bonds and notes.
28B.20.754 Hospital project bonds—Disposition of proceeds.
28B.20.755 Hospital project bonds—Administration of proceeds from
bonds and notes.
28B.20.756 Hospital project bonds—1975 University of Washington hospital bond retirement fund, created, purpose.
28B.20.757 Hospital project bonds—Regents to accumulate moneys for
bond payments.
28B.20.758 Hospital project bonds—As legal investment for public funds.
28B.20.759 Hospital project bonds—Prerequisite to issuance.
28B.20.770 Acquisition, construction, equipping and betterment of lands,
buildings and facilities at universities and The Evergreen
State College.
28B.20.800 Revenues derived from certain university lands and income
from university permanent fund deposited in University of
Washington bond retirement fund—Covenant.
28B.20.805 Revenues derived from certain university lands and income
from university permanent fund deposited in University of
Washington bond retirement fund—Ratification of previous
transfers.
28B.20.810 Revenues derived from certain university lands and income
from university permanent fund deposited in University of
Washington bond retirement fund—Transfers of certain
funds and investments from university permanent fund to
University of Washington bond retirement fund and University of Washington building account.
28B.20.820 Revenues derived from certain university lands and income
from university permanent fund deposited in University of
Washington bond retirement fund—RCW 79.64.040 not
affected.
Acquisition of property, powers: RCW 28B.10.020.
Admission requirements: RCW 28B.10.050.
AIDS, education and training: Chapter 70.24 RCW.
Athletic printing and concessions, bids required: RCW 28B.10.640.
Board of regents, museum managed by: RCW 27.40.040.
Bond issue for buildings and projects: RCW 43.83.090 through 43.83.104.
[Title 28B RCW—page 85]
28B.20.010
Title 28B RCW: Higher Education
Bond issue of 1977 for the refunding of outstanding limited obligation revenue bonds of institutions of higher education: Chapter 28B.14C RCW.
Liquor revolving fund, alcoholism and drug abuse research, use for: RCW
66.08.180.
Bond issues for buildings and facilities: RCW 28B.10.300 through
28B.10.330.
Museum, designated as state natural history and anthropology museum:
RCW 27.40.010.
Branch campuses—Central Puget Sound area: RCW 28B.45.020.
Olympic natural resources center: RCW 43.30.810.
British Columbia—Tuition and fees—Reciprocity with Washington: RCW
28B.15.756 and 28B.15.758.
Oregon—Tuition and fees—Reciprocity with Washington: RCW 28B.15.730
through 28B.15.736.
Buildings and facilities
borrowing money for: RCW 28B.10.300(4).
no state liability: RCW 28B.10.330.
rate of interest: RCW 28B.10.325.
contracts for construction and installation: RCW 28B.10.300(1).
contracts to pay as rentals the costs of acquiring: RCW 28B.10.300(5).
lease of campus lands for: RCW 28B.10.300(3).
purchase or lease of land for: RCW 28B.10.300(2).
use of buildings and facilities acquired: RCW 28B.10.305.
Parking facilities: RCW 28B.10.300.
Campus approach highway authorized: RCW 47.20.590.
acquisition of property for: RCW 47.20.600.
condemnation for: RCW 47.20.610.
measure of damage to buildings: RCW 47.20.620.
use declared public use: RCW 47.20.605.
sale of buildings and personalty acquired in acquisition of land: RCW
47.20.630.
Seattle city ordinance requisite: RCW 47.20.635.
Commercial activities by institutions of higher education—Development of
policies governing: Chapter 28B.63 RCW.
Corrections mental health center—Collaborative arrangement with University of Washington: RCW 72.09.350.
County hospitals, contracts with state universities relating to medical services, teaching and research: RCW 36.62.290.
Courses, studies, and instruction
graduate work: RCW 28B.10.120.
physical education: RCW 28B.10.700.
Development of methods and protocols for measuring educational costs—
Schedule of educational cost study reports: RCW 28B.76.310.
Eminent domain by: RCW 28B.10.020.
Entrance requirements: RCW 28B.10.050.
Eye protection, public educational institutions: RCW 70.100.010 through
70.100.040.
Faculty members and employees
annuity and retirement plans: RCW 28B.10.400 through 28B.10.423.
insurance: RCW 28B.10.660.
Faculty members of institutions of higher education, remunerated professional leaves for: RCW 28B.10.650.
Fetal alcohol screening and assessment services: RCW 70.96A.500.
Flag, display: RCW 28B.10.030.
Forest products institute: Chapter 76.44 RCW.
Forestry
demonstration forest and experiment station, exchange of granted lands
for other lands for purposes of: RCW 79.17.030.
institute of forest products: Chapter 76.44 RCW.
Funds
state university permanent fund, created, source: RCW 43.79.060.
university building fund, created: RCW 43.79.080.
University of Washington fund abolished and moneys transferred to general fund: RCW 43.79.071.
university permanent fund, investment in regents’ revenue bonds: RCW
43.84.140.
Governing body of recognized student association at college or university,
open public meetings act applicable to: RCW 42.30.200.
Highly capable students—Early entrance program or transition school:
RCW 28A.185.040.
Idaho—Tuition and fees—Reciprocity with Washington: RCW 28B.15.750
through 28B.15.754.
Institute of forest products: Chapter 76.44 RCW.
Insurance for officers, employees and students: RCW 28B.10.660.
[Title 28B RCW—page 86]
Police force: RCW 28B.10.550 through 28B.10.567.
Real property
acquisition of authorized: RCW 28B.10.020.
demonstration forest and experiment station, exchange of granted lands
for other lands for purposes of: RCW 79.17.030.
eminent domain by railroads and canal companies against: RCW
81.36.010.
sale of land or valuable materials fixing date of sale: RCW 79.11.120.
legislative or board of regents consent required for: RCW 79.11.010.
procedure: RCW 79.11.120.
state lands, included: RCW 79.02.010.
State building authority, projects authorized: Chapter 43.75 RCW.
Students
insurance: RCW 28B.10.660.
loan fund under national defense education act: RCW 28B.10.280.
Teachers
training courses for: RCW 28B.10.140.
use of district schools for training: RCW 28B.10.600 through 28B.10.605.
Toxicological laboratories: RCW 68.50.107.
Traffic regulations, penalty for violations: RCW 28B.10.560.
GENERAL
28B.20.010 Designation. The state university located
and established in Seattle, King county, shall be designated
the University of Washington. [1969 ex.s. c 223 §
28B.20.010. Prior: 1909 c 97 p 238 § 1; RRS § 4544; prior:
1897 c 118 § 182; 1890 p 395 § 1. Formerly RCW
28.77.010.]
28B.20.010
28B.20.020 Purpose. The aim and purpose of the University of Washington shall be to provide a liberal education
in literature, science, art, law, medicine, military science and
such other fields as may be established therein from time to
time by the board of regents or by law. [1969 ex.s. c 223 §
28B.20.020. Prior: 1909 c 97 p 238 § 2; RRS § 4545; prior:
1897 c 118 § 183; 1893 c 122 § 6; 1890 p 395 § 2. Formerly
RCW 28.77.020.]
28B.20.020
28B.20.054 Credits—Statewide transfer policy and
agreement—Establishment. See RCW 28B.76.240 and
28B.76.2401.
28B.20.054
28B.20.055 "Major line" defined.
28B.10.100.
28B.20.055
See RCW
28B.20.057 Major lines common to University of
Washington and Washington State University. See RCW
28B.10.115.
28B.20.057
28B.20.060 Courses exclusive to University of Washington. The courses of instruction of the University of
Washington shall embrace as exclusive major lines, law,
medicine, forest products, logging engineering, library sciences, aeronautic and astronautic engineering, and fisheries.
28B.20.060
(2008 Ed.)
University of Washington
[1985 c 218 § 2; 1969 ex.s. c 223 § 28B.20.060. Prior: 1963
c 23 § 1; 1961 c 71 § 1; prior: (i) 1917 c 10 § 2; RRS § 4533.
(ii) 1917 c 10 § 5; RRS § 4536. Formerly RCW 28.77.025;
28.76.060.]
28B.20.095 University fees.
RCW.
28B.20.095
See chapter 28B.15
28B.20.130
executive committee may call special meetings of the whole
board when such action is deemed necessary. [1969 ex.s. c
223 § 28B.20.105. Prior: (i) 1909 c 97 p 240 § 4; RRS §
4555; prior: 1897 c 118 § 185. Formerly RCW 28.77.100. (ii)
1939 c 176 § 1, part; 1927 c 227 § 1, part; 1909 c 97 p 240 §
5, part; RRS § 4557, part. Formerly RCW 28.77.130, part.]
28B.20.110 Regents—Secretary—Treasurer—
Duties—Treasurer’s bond. The board shall appoint a secretary and a treasurer who shall hold their respective offices
during the pleasure of the board and carry out such respective
duties as the board shall prescribe. In addition to such other
duties as the board prescribes, the secretary shall record all
proceedings of the board and carefully preserve the same.
The treasurer shall give bond for the faithful performance of
the duties of his office in such amount as the regents may
require: PROVIDED, That the university shall pay the fee
for such bond. [1969 ex.s. c 223 § 28B.20.110. Prior: 1890
p 396 § 6; RRS § 4556. Formerly RCW 28.77.110.]
28B.20.110
28B.20.100 Regents—Appointment—Terms—
Vacancies—Quorum. (1) The governance of the University
of Washington shall be vested in a board of regents to consist
of ten members, one of whom shall be a student. The governor shall select the student member from a list of candidates,
of at least three and not more than five, submitted by the governing body of the associated students. They shall be
appointed by the governor with the consent of the senate, and,
except for the student member, shall hold their offices for a
term of six years from the first day of October and until their
successors shall be appointed and qualified. The student
member shall hold his or her office for a term of one year
from the first day of July until the first day of July of the following year or until his or her successor is appointed and
qualified, whichever is later. The student member shall be a
full-time student in good standing at the university at the time
of appointment.
(2) Six members of said board shall constitute a quorum
for the transaction of business. In the case of a vacancy, or
when an appointment is made after the date of the expiration
of a term, the governor shall fill the vacancy for the remainder of the term of the regent whose office has become vacant
or expired.
(3) Except for the term of the student member, no more
than the terms of two members will expire simultaneously on
the last day of September in any one year.
(4) A student appointed under this section shall excuse
himself or herself from participation or voting on matters
relating to the hiring, discipline, or tenure of faculty members
and personnel. [2006 c 78 § 1; 1998 c 95 § 1; 1985 c 61 § 1;
1979 ex.s. c 103 § 2; 1973 c 62 § 7; 1969 ex.s. c 223 §
28B.20.100. Prior: 1909 c 97 p 239 § 3; RRS § 4554; prior:
1897 c 118 § 184; 1895 c 101 § 1; 1890 p 396 § 3. Formerly
RCW 28.77.090, 28.77.100, part.]
28B.20.100
Present terms not affected—1979 ex.s. c 103: "Nothing in sections 2
through 6 of this amendatory act shall shorten the terms of regents or trustees
presently in office." [1979 ex.s. c 103 § 7.]
Severability—1979 ex.s. c 103: "If any provision of this amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1979 ex.s. c 103 § 8.]
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
28B.20.105 Regents—Organization and conduct of
business—Bylaws, rules and regulations—Meetings. The
board shall organize by electing from its membership a president and an executive committee, of which committee the
president shall be ex officio chairman. The board may adopt
bylaws or rules and regulations for its own government. The
board shall hold regular quarterly meetings, and during the
interim between such meetings the executive committee may
transact business for the whole board: PROVIDED, That the
28B.20.105
(2008 Ed.)
28B.20.115 Regents—Oaths.
28B.20.115
See RCW 28B.10.520.
28B.20.116 Regents—Expenses.
28B.10.525.
28B.20.116
See RCW
28B.20.117 Regents—Attorney general as advisor.
See RCW 28B.10.510.
28B.20.117
28B.20.130 Powers and duties of regents—General.
General powers and duties of the board of regents are as follows:
(1) To have full control of the university and its property
of various kinds, except as otherwise provided by law.
(2) To employ the president of the university, his or her
assistants, members of the faculty, and employees of the
institution, who except as otherwise provided by law, shall
hold their positions during the pleasure of said board of
regents.
(3) Establish entrance requirements for students seeking
admission to the university which meet or exceed the standards specified under RCW 28B.76.290(2). Completion of
examinations satisfactory to the university may be a prerequisite for entrance by any applicant at the university’s discretion. Evidence of completion of public high schools and
other educational institutions whose courses of study meet
the approval of the university may be acceptable for entrance.
(4) Establish such colleges, schools, or departments necessary to carry out the purpose of the university and not otherwise proscribed by law.
(5) With the assistance of the faculty of the university,
prescribe the course of study in the various colleges, schools,
and departments of the institution and publish the necessary
catalogues thereof.
(6) Grant to students such certificates or degrees as recommended for such students by the faculty. The board, upon
recommendation of the faculty, may also confer honorary
degrees upon persons other than graduates of this university
in recognition of their learning or devotion to literature, art,
or science: PROVIDED, That no degree shall ever be con28B.20.130
[Title 28B RCW—page 87]
28B.20.134
Title 28B RCW: Higher Education
ferred in consideration of the payment of money or the giving
of property of whatsoever kind.
(7) Accept such gifts, grants, conveyances, bequests, and
devises, whether real or personal property, or both, in trust or
otherwise, for the use or benefit of the university, its colleges,
schools, departments, or agencies; and sell, lease or
exchange, invest or expend the same or the proceeds, rents,
profits, and income thereof except as limited by the terms of
said gifts, grants, conveyances, bequests, and devises. The
board shall adopt proper rules to govern and protect the
receipt and expenditure of the proceeds of all fees, and the
proceeds, rents, profits, and income of all gifts, grants, conveyances, bequests, and devises above-mentioned.
(8) Except as otherwise provided by law, to enter into
such contracts as the regents deem essential to university purposes.
(9) To submit upon request such reports as will be helpful to the governor and to the legislature in providing for the
institution.
(10) Subject to the approval of the higher education
coordinating board pursuant to RCW 28B.76.230, offer new
degree programs, offer off-campus programs, participate in
consortia or centers, contract for off-campus educational programs, and purchase or lease major off-campus facilities.
[2004 c 275 § 52; 1998 c 245 § 16; 1985 c 370 § 92; 1977 c
75 § 20; 1969 ex.s. c 223 § 28B.20.130. Prior: 1939 c 176 §
1, part; 1927 c 227 § 1, part; 1909 c 97 p 240 § 5, part; RRS
§ 4557, part; prior: 1895 c 101 § 2, part; 1893 c 122 § 10,
part; 1890 pp 396, 397, 398 §§ 7, 9, 11. Formerly RCW
28.77.130, 28.77.140.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.20.134 Powers and duties of regents—Consent
to sale of university granted lands. See RCW 79.11.010.
28B.20.134
28B.20.135 Powers and duties of regents—Employment of architects, engineers, for construction of buildings and facilities. The board shall have power to employ or
contract for the services of skilled architects and engineers to
prepare plans and specifications, and supervise the construction of university buildings and facilities and to fix the compensation for such employees or for such services. [1969
ex.s. c 223 § 28B.20.135. Prior: 1909 c 97 p 242 § 10; RRS
§ 4563. Formerly RCW 28.77.133.]
28B.20.135
28B.20.140 Powers and duties of regents—Contracts
for erection of buildings or improvements. The board of
regents shall enter into such contracts with one or more contractors for the erection and construction of university buildings or improvements thereto as in their judgment shall be
deemed for the best interest of the university; such contract or
contracts shall be let after public notice and under such regulations as shall be established by said board or as otherwise
provided by law to the person or persons able to perform the
same on the most advantageous terms: PROVIDED, That in
all cases said board shall require from contractors a good and
sufficient bond for the faithful performance of the work, and
the full protection of the state against mechanics’ and other
liens: AND PROVIDED FURTHER, That the board shall
28B.20.140
[Title 28B RCW—page 88]
not have the power to enter into any contract for the erection
of any buildings or improvements which shall bind said
board to pay out any sum of money in excess of the amount
provided for said purpose. [1969 ex.s. c 223 § 28B.20.140.
Prior: 1909 c 97 p 242 § 9; RRS § 4562. Formerly RCW
28.77.137.]
28B.20.145
28B.20.145 Powers and duties of regents—Regents’
spending limited by income. The board of regents are
hereby prohibited from creating any debt or in any manner
encumbering the university beyond its capacity for payment
thereof from the biennial income of the university for the then
current biennium. [1969 ex.s. c 223 § 28B.20.145. Prior:
1890 p 399 § 20; RRS § 4566. Formerly RCW 28.77.170.]
28B.20.200
28B.20.200 Faculty—Composition—General powers. The faculty of the University of Washington shall consist of the president of the university and the professors and
the said faculty shall have charge of the immediate government of the institution under such rules as may be prescribed
by the board of regents. [1969 ex.s. c 223 § 28B.20.200.
Prior: 1909 c 97 p 241 § 6; RRS § 4558; prior: 1897 c 118 §
187. Formerly RCW 28.77.120.]
28B.20.250
28B.20.250 Liability coverage of university personnel and students—Authorized—Scope. The board of
regents of the University of Washington, subject to such conditions and limitations and to the extent it may prescribe, is
authorized to provide by purchase of insurance, by self-insurance, or by any combination of arrangements, indemnification of regents, officers, employees, agents, and students
from liability on any action, claim, or proceeding instituted
against them arising out of the performance or failure of performance, of duties for or employment with the university, or
of responsibilities imposed by approved programs of the university, and to hold such persons harmless from any expenses
connected with the defense, settlement, or payment of monetary judgments from such action, claim, or proceeding.
[1975-’76 2nd ex.s. c 12 § 1.]
28B.20.253
28B.20.253 Liability coverage of university personnel and students—Self-insurance revolving fund. (1) A
self-insurance revolving fund in the custody of the university
is hereby created to be used solely and exclusively by the
board of regents of the University of Washington for the following purposes:
(a) The payment of judgments against the university, its
schools, colleges, departments, and hospitals and against its
regents, officers, employees, agents, and students for whom
the defense of an action, claim, or proceeding has been provided pursuant to RCW 28B.20.250.
(b) The payment of claims against the university, its
schools, colleges, departments, and hospitals and against its
regents, officers, employees, agents, and students for whom
the defense of an action, claim, or proceeding has been provided pursuant to RCW 28B.20.250: PROVIDED, That payment of claims in excess of twenty-five thousand dollars
must be approved by the state attorney general.
(2008 Ed.)
University of Washington
(c) For the cost of investigation, administration, and
defense of actions, claims, or proceedings, and other purposes essential to its liability program.
(2) Said self-insurance revolving fund shall consist of
periodic payments by the University of Washington from any
source available to it in such amounts as are deemed reasonably necessary to maintain the fund at levels adequate to provide for the anticipated cost of payments of incurred claims
and other costs to be charged against the fund.
(3) No money shall be paid from the self-insurance
revolving fund unless first approved by the board of regents,
and unless all proceeds available to the claimant from any
valid and collectible liability insurance shall have been
exhausted. [1997 c 288 § 1; 1991 sp.s. c 13 § 117; 1975-’76
2nd ex.s. c 12 § 2.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
28B.20.255 Liability coverage of university personnel and students—As exclusive authority. RCW
28B.20.250 through 28B.20.255 constitutes the exclusive
authority for the board of regents of the University of Washington to provide liability coverage for its regents, officers,
employees, agents, and students, and further provides the
means for defending and payment of all such actions, claims,
or proceedings. RCW 28B.20.250 through 28B.20.255 shall
govern notwithstanding the provisions of chapter 4.92 RCW
and RCW 28B.10.842 and 28B.10.844. [1975-’76 2nd ex.s.
c 12 § 3.]
28B.20.255
28B.20.277 Mathematics, engineering, and science
achievement program—Establishment and administration through university. See RCW 28A.625.210.
28B.20.277
28B.20.279 High-technology education and training.
See chapter 28B.65 RCW.
28B.20.279
28B.20.280 Masters and doctorate level degrees in
technology authorized—Review by higher education
coordinating board. The board of regents of the University
of Washington may offer masters level and doctorate level
degrees in technology subject to review and approval by the
higher education coordinating board. [1985 c 370 § 82; 1983
1st ex.s. c 72 § 10.]
28B.20.280
Effective date—Short title—1983 1st ex.s. c 72: See RCW
28B.65.905 and 28B.65.900.
28B.20.283 Washington technology center—Findings. The legislature finds that the development and commercialization of new technology is a vital part of economic
development.
The legislature also finds that it is in the interests of the
state of Washington to provide a mechanism to transfer and
apply research and technology developed at the institutions
of higher education to the private sector in order to create
new products and technologies which provide job opportunities in advanced technology for the citizens of this state.
It is the intent of the legislature that the University of
Washington, the Washington State University, and the
department of community, trade, and economic development
28B.20.283
(2008 Ed.)
28B.20.287
work cooperatively with the private sector in the development and implementation of a world class technology transfer program. [1995 c 399 § 25; 1992 c 142 § 1.]
28B.20.285 Washington technology center—Created—Purpose. A Washington technology center is created
to be a collaborative effort between the state’s universities,
private industry, and government. The technology center
shall be headquartered at the University of Washington. The
mission of the technology center shall be to perform and
commercialize research on a statewide basis that benefits the
intermediate and long-term economic vitality of the state of
Washington, and to develop and strengthen university-industry relationships through the conduct of research that is primarily of interest to Washington-based companies or state
economic development programs. The technology center
shall:
(1) Perform and/or facilitate research supportive of state
science and technology objectives, particularly as they relate
to state industries;
(2) Provide leading edge collaborative research and technology transfer opportunities primarily to state industries;
(3) Provide substantial opportunities for training undergraduate and graduate students through direct involvement in
research and industry interactions;
(4) Emphasize and develop nonstate support of the technology center’s research activities;
(5) Administer the investing in innovation grants program;
(6) Through its northwest energy technology collaborative, carry out the activities required by RCW 28B.20.296;
and
(7) Provide a forum for effective interaction between the
state’s technology-based industries and its academic research
institutions through promotion of faculty collaboration with
industry, particularly within the state. [2004 c 151 § 3; 2003
c 403 § 10; 1992 c 142 § 3; 1983 1st ex.s. c 72 § 11.]
28B.20.285
Intent—2003 c 403: See RCW 70.210.010.
Effective date—Short title—1983 1st ex.s. c 72: See RCW
28B.65.905 and 28B.65.900.
28B.20.287 Washington technology center—Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28B.20.285
and 28B.20.289 through 28B.20.295.
(1) "Technology center" means the Washington technology center, including the affiliated staff, faculty, facilities,
and research centers operated by the technology center.
(2) "Board" means the board of directors of the Washington technology center.
(3) "High technology" or "technology" includes but is
not limited to the modernization, miniaturization, integration,
and computerization of electronic, hydraulic, pneumatic,
laser, mechanical, robotics, nuclear, chemical, telecommunication, and other technological applications to enhance productivity in areas including but not limited to manufacturing,
communications, medicine, bioengineering, renewable
energy and energy efficiency, and commerce. [2004 c 151 §
4; 1992 c 142 § 2.]
28B.20.287
[Title 28B RCW—page 89]
28B.20.289
Title 28B RCW: Higher Education
*Reviser’s note: The reference to "sections 3 through 8 of this act" has
been translated to "RCW 28B.20.289 through 28B.20.295." A literal translation would have been "RCW 28B.20.285 through 28B.20.295 and 1992 c
142 § 8 (uncodified)."
28B.20.289
28B.20.289 Washington technology center—Administration—Board of directors. (1) The technology center
shall be administered by the board of directors of the technology center.
(2) The board shall consist of the following members:
Fourteen members from among individuals who are associated with or employed by technology-based industries and
have broad business experience and an understanding of high
technology; eight members from the state’s universities with
graduate science and engineering programs; the executive
director of the Spokane Intercollegiate Research and Technology Institute or his or her designated representative; the
provost of the University of Washington or his or her designated representative; the provost of the Washington State
University or his or her designated representative; and the
director of the department of community, trade, and economic development or his or her designated representative.
The term of office for each board member, excluding the
executive director of the Spokane Intercollegiate Research
and Technology Institute, the provost of the University of
Washington, the provost of the Washington State University,
and the director of the department of community, trade, and
economic development, shall be three years. The executive
director of the technology center shall be an ex officio, nonvoting member of the board. The board shall meet at least
quarterly. Board members shall be appointed by the governor based on the recommendations of the existing board of
the technology center, and the research universities. The
governor shall stagger the terms of the first group of appointees to ensure the long term continuity of the board.
(3) The duties of the board include:
(a) Developing the general operating policies for the
technology center;
(b) Appointing the executive director of the technology
center;
(c) Approving the annual operating budget of the technology center;
(d) Establishing priorities for the selection and funding
of research projects that guarantee the greatest potential
return on the state’s investment;
(e) Approving and allocating funding for research
projects conducted by the technology center, based on the
recommendations of the advisory committees for each of the
research centers;
(f) In cooperation with the department of community,
trade, and economic development, developing a biennial
work plan and five-year strategic plan for the technology center that are consistent with the statewide technology development and commercialization goals;
(g) Coordinating with the University of Washington,
Washington State University, and other participating institutions of higher education in the development of training,
research, and development programs to be conducted at the
technology center that shall be targeted to meet industrial
needs;
[Title 28B RCW—page 90]
(h) Assisting the department of community, trade, and
economic development in the department’s efforts to develop
state science and technology public policies and coordinate
publicly funded programs;
(i) Performing the duties required under chapter 70.210
RCW relating to the investing in innovation grants program;
(j) Reviewing annual progress reports on funded
research projects that are prepared by the advisory committees for each of the research centers;
(k) Providing an annual report to the governor and the
legislature detailing the activities and performance of the
technology center; and
(l) Submitting annually to the department of community,
trade, and economic development an updated strategic plan
and a statement of performance measured against the mission, roles, and contractual obligations of the technology center. [2003 c 403 § 11; 1995 c 399 § 26; 1992 c 142 § 4.]
Intent—2003 c 403: See RCW 70.210.010.
28B.20.291 Washington technology center—Support
from participating institutions. The University of Washington, Washington State University, and other participating
institutions of higher education shall provide the affiliated
staff, faculty, and facilities required to support the operation
of the technology center. [1992 c 142 § 5.]
28B.20.291
28B.20.293 Washington technology center—Role of
department of community, trade, and economic development. The department of community, trade, and economic
development shall contract with the University of Washington for the expenditure of state-appropriated funds for the
operation of the Washington technology center. The department of community, trade, and economic development shall
provide guidance to the technology center regarding expenditure of state-appropriated funds and the development of the
center’s strategic plan. The director of the department of
community, trade, and economic development shall not withhold funds appropriated for the technology center if the technology center complies with the provisions of its contract
with the department of community, trade, and economic
development. The department shall be responsible to the legislature for the contractual performance of the center. [1995
c 399 § 27; 1992 c 142 § 6.]
28B.20.293
28B.20.295 Washington technology center—Availability of facilities to other institutions. The facilities of the
technology center shall be made available to other institutions of higher education within the state when this would
benefit specific program needs. [1992 c 142 § 7.]
28B.20.295
28B.20.296 Washington technology center—Renewable energy and energy efficiency business development—Strategic plan. (1) The Washington technology center, through its northwest energy technology collaborative,
shall provide a forum for public and private collaborative initiatives to promote renewable energy and energy efficiency
sectors in Washington state and the Pacific Northwest. The
center shall seek to integrate the initiatives of the northwest
energy technology collaborative into existing state programs
and initiatives, including grant programs administered by the
28B.20.296
(2008 Ed.)
University of Washington
center, and energy efficiency business development projects
and energy assistance programs of the department of community, trade, and economic development.
(2) The center, through its northwest energy technology
collaborative, shall develop and implement a strategic plan
for public and private collaboration in renewable energy and
energy efficiency business development. The center,
together with the department, shall prepare an initial draft of
a statewide strategic plan and circulate it widely among businesses and individuals in these sectors for review and comment. The center shall also organize a summit of public and
private sector interests to further developments of the proposed strategic plan. The plan shall address, among other
things, the role that public sector policies, programs, and
expenditures may play in promoting these economic sectors,
including subjects such as workforce development, education, tax incentives, economic development assistance, public
sector energy purchases, public sector construction standards, transportation, and land use regulation and zoning.
The strategic plan shall include recommendations for legislative and administrative policy changes and for legislative
appropriations. The plan shall also recommend proposals for
capital and operating investments in public higher education
facilities, proposals for creating and strengthening public and
private partnerships, and proposals for federal financial assistance and expenditures for research and development programs in Washington state. The finalized strategic plan shall
be provided to the governor and to the appropriate committees of the senate and house of representatives by January 1,
2005.
(3) The strategic plan required by subsection (2) of this
section may be incorporated into the center’s five-year strategic plan required by RCW 28B.20.289(3)(f). [2004 c 151 §
2.]
28B.20.297 Washington technology center—Small
business innovation research assistance program. (1) The
legislature finds that small technology-based firms are the
source of approximately one-half of the economy’s major
innovations and that it is in the interest of the state to increase
participation by Washington state small businesses in the federal small business innovation research program by assisting
them in becoming small business innovation research program grant recipients.
The legislature further finds that many small business
innovators lack the grant-writing skills necessary to prepare a
successful small business innovation research program proposal, and the federal program that funded grant-writing
assistance has stopped operations. Nearly fifty percent of
small businesses trained under the federal program won
grants compared to less than ten percent of those that did not
receive training.
(2) As used in this section:
(a) "Small business innovation research program" means
the program, enacted pursuant to the small business innovation development act of 1982, P.L. 97-219, that provided
funds to small businesses to conduct innovative research having commercial application.
(b) "Small business" means a corporation, partnership,
sole proprietorship, or individual, operating a business for
profit, with two hundred fifty employees or fewer, including
28B.20.297
(2008 Ed.)
28B.20.298
employees employed in a subsidiary or affiliated corporation,
that otherwise meets the requirements of the federal small
business innovation research program.
(3) The Washington technology center shall establish a
small business innovation research assistance program,
including a proposal review process, to train and assist Washington small businesses to win phase I small business innovation research program awards.
(a) The Washington technology center shall give priority
to first-time small business innovation research program
applicants, new businesses, and firms with fewer than ten
employees.
(b) The Washington technology center may charge a fee
for this service. [2005 c 357 § 1.]
28B.20.298 Clean energy research, development,
manufacturing, and marketing—Findings—Policy. (1)
The legislature finds that Washington state currently derives
many benefits from its renewable energy and energy efficiency sectors. These sectors are an important source of
employment and income for a significant number of Washington residents, currently generating close to one billion dollars in annual revenue and employing over three thousand
eight hundred people. Equally important, energy efficiency
and renewable energy businesses add to the region’s quality
of life by employing technologies that can reduce some of the
harmful effects of the reliance on fossil fuels. Washington
state possesses all the necessary elements to do much more to
develop these sectors and to become a national leader in the
research, development, manufacturing, and marketing of
clean energy technologies and services. The state’s workforce is highly educated; the state’s higher education institutions are supportive of clean energy research and cooperate
closely with the private sector in developing and deploying
new energy technologies; there are numerous enterprises
already located in the state that are engaged in clean energy
research and development; and the state’s citizens, utilities,
and governmental sectors at all levels are committed to diversifying the state’s energy sources and increasing energy efficiency.
(2) It is therefore declared to be the policy of the state
that its public agencies and institutions of higher learning
maximize their efforts collectively and cooperatively with the
private sector to establish the state as a leader in clean energy
research, development, manufacturing, and marketing. To
this end, all state agencies are directed to employ their existing authorities and responsibilities to:
(a) Work with local organizations and energy companies
to facilitate the development and implementation of workable
renewable energy and energy efficiency projects;
(b) Actively promote policies that support energy efficiency and renewable energy development;
(c) Encourage utilities and customer groups to invest in
new renewables and products and services that promote
energy efficiency; and
(d) Assist in the development of stronger markets for
renewables and products and services that promote energy
efficiency.
(3) For the purposes of this section and RCW
28B.20.296 and for RCW 28B.20.285 and 28B.20.287,
energy efficiency shall include the application of digital tech28B.20.298
[Title 28B RCW—page 91]
28B.20.300
Title 28B RCW: Higher Education
nologies to the generation, delivery, and use of power. [2004
c 151 § 1.]
28B.20.300 Schools of medicine, dentistry, and
related health services—Authorization. The board of
regents of the University of Washington is hereby authorized
and directed forthwith to establish, operate and maintain
schools of medicine, dentistry, and related health sciences at
the university. [1969 ex.s. c 223 § 28B.20.300. Prior: 1945
c 15 § 1; Rem. Supp. 1945 § 4566-5. Formerly RCW
28.77.200.]
28B.20.300
Autopsy of deceased infant under three years, delivery of body to University
of Washington medical school for purposes of, costs: RCW 68.50.100,
68.50.104.
Requisites for accreditation and approval of medical schools: RCW
18.71.055.
28B.20.305 Schools of medicine, dentistry, and
related health services—Purpose. The aim and purpose of
the schools of medicine, dentistry and related health sciences
shall be to provide for students of both sexes, on equal terms,
all and every type of instruction in the various branches of
medicine, dentistry, and related health sciences and to grant
such degrees as are commonly granted by similar institutions.
[1969 ex.s. c 223 § 28B.20.305. Prior: 1945 c 15 § 2; Rem.
Supp. 1945 § 4566-6. Formerly RCW 28.77.210.]
28B.20.305
28B.20.315 Drug testing laboratory—Service—
Employees as expert witnesses, traveling expenses and
per diem. The University of Washington is authorized and
directed to arrange for a drug testing laboratory. The laboratory shall offer a testing service for law enforcement officers
for the identification of known or suspected dangerous and
narcotic drugs. Employees of the laboratory are authorized to
appear as expert witnesses in criminal trials held within the
state: PROVIDED, That the traveling expenses and per diem
of such employees shall be borne by the party for the benefit
of whom the testimony of such employees is requested.
[1969 ex.s. c 266 § 1. Formerly RCW 28.77.215.]
28B.20.315
28B.20.320 Marine biological preserve—Established
and described—Unlawful gathering of marine biological
materials—Penalty. (1) There is hereby created an area of
preserve of marine biological materials useful for scientific
purposes, except when gathered for human food, and except,
also, the plant nereocystis, commonly called "kelp." Such
area of preserve shall consist of the salt waters and the beds
and shores of the islands constituting San Juan county and of
Cypress Island in Skagit county.
(2) No person shall gather such marine biological materials from the area of preserve, except upon permission first
granted by the director of the Friday Harbor Laboratories of
the University of Washington.
(3) A person gathering such marine biological materials
contrary to the terms of this section is guilty of a misdemeanor. [2003 c 53 § 174; 1969 ex.s. c 223 § 28B.20.320.
Prior: 1923 c 74 § 1; RRS § 8436-1. Formerly RCW
28.77.230.]
28B.20.320
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
[Title 28B RCW—page 92]
28B.20.328 Lease of lands with outdoor recreation
potential—Restrictions—Unlawful to use posted lands.
(1) Any lease of public lands with outdoor recreation potential authorized by the regents of the University of Washington shall be open and available to the public for compatible
recreational use unless the regents of the University of Washington determine that the leased land should be closed in
order to prevent damage to crops or other land cover, to
improvements on the land, to the lessee, or to the general
public or is necessary to avoid undue interference with carrying forward a university program. Any lessee may file an
application with the regents of the University of Washington
to close the leased land to any public use. The regents shall
cause a written notice of the impending closure to be posted
in a conspicuous place in the university’s business office and
in the office of the county auditor in which the land is located
thirty days prior to the public hearing. This notice shall state
the parcel or parcels involved and shall indicate the time and
place of the public hearing. Upon a determination by the
regents that posting is not necessary, the lessee shall desist
from posting. Upon a determination by the regents that posting is necessary, the lessee shall post his leased premises so
as to prohibit recreational uses thereon. In the event any such
lands are so posted, it shall be unlawful for any person to hunt
or fish, or for any person other than the lessee or his immediate family to use any such posted lands for recreational purposes.
(2) The regents of the University of Washington may
insert the provisions of subsection (1) of this section in all
leases hereafter issued. [1969 ex.s. c 46 § 3. Formerly RCW
28.77.235.]
28B.20.328
28B.20.330 Rights-of-way to railroads and streetcar
railways—Conditions. Any railroad company now having
in operation a line of railroad, or branches, sidings, or spurs
thereof, upon any property in this state in use by the University of Washington for university purposes, or as a part of the
grounds set aside or devoted to university purposes, may
have such right-of-way confirmed to it, its successors and
assigns, upon the following terms and conditions: Such railroad company shall file with the board of regents of said university a plat showing the right-of-way desired, and shall file
a duplicate thereof with the commissioner of public lands;
and any railroad company or streetcar company desiring
hereafter to construct a railroad or streetcar line, or extensions thereof, with branches, sidings, or spurs, upon any
property in this state in use by the University of Washington
for university purposes, or as a part of the ground set aside or
devoted to university purposes, may have such right-of-way
confirmed to it, its successors and assigns, upon the following terms and conditions: Such railroad company or streetcar
company shall file with the board of regents of said university
a plat showing the right-of-way desired, and shall file a duplicate thereof with the commissioner of public lands. [1969
ex.s. c 223 § 28B.20.330. Prior: 1909 c 248 § 1; RRS § 8095.
Formerly RCW 28.77.240.]
28B.20.330
28B.20.332 Rights-of-way to railroads and streetcar
railways—Regents to make agreement. The board of
regents of said University of Washington are authorized,
upon the filing of such plat with it, to agree in writing with
28B.20.332
(2008 Ed.)
University of Washington
any such railroad company or streetcar company, upon the
boundaries and the extent of such right-of-way, the manner in
which the same shall be maintained and fenced and occupied,
and prescribe the number, character, and maintenance of
crossings, cross-overs, and subways, and as to what sum said
railroad company or streetcar company shall pay for the
right-of-way granted. [1969 ex.s. c 223 § 28B.20.332. Prior:
1909 c 248 § 2; RRS § 8096. Formerly RCW 28.77.250.]
28B.20.334 Rights-of-way to railroads and streetcar
railways—Form of deed—Certified copy filed. If such
agreement is entered into, said board of regents shall transmit
a certified copy thereof to the commissioner of public lands,
who shall, after the full amount of money provided in such
agreement shall be paid by said railroad company or streetcar
company to the state treasurer, issue to such railroad company or streetcar company, in the name of the state of Washington, a deed for the right-of-way described in such agreement, which said deed shall recite and be subject to all the
terms and conditions of such agreement, and certified copies
of said deed shall be filed, one in the office of the commissioner of public lands, and the other with the secretary of said
board of regents. [1969 ex.s. c 223 § 28B.20.334. Prior:
1909 c 248 § 3; RRS § 8097. Formerly RCW 28.77.260.]
28B.20.334
28B.20.336 Rights-of-way to railroads and streetcar
railways—Deed conveys conditional easement. The conveyance herein provided for shall not be deemed to convey
the fee to the land described, but an easement only thereover
and for railroad or streetcar purposes only, and when the
right-of-way granted as aforesaid shall not be used for the
purposes for which it was granted, then and thereupon the
easement right shall immediately become void. [1969 ex.s. c
223 § 28B.20.336. Prior: 1909 c 248 § 4; RRS § 8098. Formerly RCW 28.77.270.]
28B.20.336
28B.20.340 University site dedicated for street and
boulevard purposes—Description. There is hereby dedicated to the public for street and boulevard purposes the following described lands situated in section 16, township 25
north, range 4 east, W.M., and blocks 7 and 8 of Lake Washington shore lands, to wit: Beginning at the one-quarter (1/4)
corner on the north line of said section sixteen (16); thence
east along the north line thereof, a distance of three hundred
forty-nine and thirty-four one-hundredths (349.34) feet;
thence south at right angles to the said north line, a distance
of thirty-five feet to the point of beginning of this description;
thence south eighty-nine degrees fifty-seven minutes and
forty-three seconds (89°57’43") east a distance of six hundred seventy-three and seventeen one-hundredths (673.17)
feet; thence southwesterly along the arc of a curve to the left,
having a uniform radius of one thousand (1,000) feet, said
curve being tangent to the last above described line, a distance of one thousand three hundred seventy-three and six
one-hundredths (1,373.06) feet to a point of tangency; thence
south eleven degrees twenty-two minutes and two seconds
(11°22’02") west, a distance of five hundred fifty-six and
twenty-two one-hundredths (556.22) feet to a point of tangency on the easterly margin of Montlake Boulevard as laid
off and established by Ordinance No. 26332; thence along
28B.20.340
(2008 Ed.)
28B.20.340
said easterly margin northerly along the arc of a curve to the
left, having a uniform radius of four hundred sixty (460) feet,
a distance of one hundred forty-three and forty-one one-hundredths (143.41) feet to a point of a reverse curve; thence
northerly along the arc of a curve to the right having a uniform radius of four hundred sixty (460) feet, a distance of one
hundred twenty and ninety-four one-hundredths (120.94) feet
to a point of reverse curve; thence northerly along the arc of
a curve to the left, having a uniform radius of two thousand
nine hundred seventy-four and ninety-three one-hundredths
(2,974.93) feet, a distance of two hundred eighty-four (284)
feet; thence departing from said easterly margin north eleven
degrees twenty-two minutes and two seconds (11°22’02")
east, a distance of fourteen and seventy-four one-hundredths
(14.74) feet to the beginning of a curve to the right, having a
uniform radius of one thousand seventy (1,070) feet; thence
northeasterly along the arc of said curve, a distance of seven
hundred ninety-six and thirty-three one-hundredths (796.33)
feet to a point of reverse curve; thence northeasterly, northerly and northwesterly along the arc of a curve to the left,
having a uniform radius of seventy-four and forty-six onehundredths (74.46) feet, a distance of one hundred eightyseven and ten one-hundredths (187.10) feet to the point of
beginning.
Also the following described lands, to wit: Beginning at
a point on the east line of said section, said point being distant
nine hundred eighty-nine and sixty one-hundredths (989.60)
feet south from the northeast corner of said section; thence
south along said east line a distance of four hundred seventynine and fifty-three one-hundredths (479.53) feet to a point
on the government meander line along the shore of Lake
Washington; thence along said meander line south seventyeight degrees thirteen minutes thirty-three seconds
(78°13’33") west, a distance of sixty-six and fifty one-hundredths (66.50) feet; thence north twenty-nine degrees fortysix minutes twenty-seven seconds (29°46’27") west, a distance of one hundred sixty-six and ninety-two one-hundredths (166.92) feet; thence departing from said meander
line north no degrees fifty-three minutes seven seconds
(0°53’07") east, a distance of three hundred fifty-four and
sixty-three one-hundredths (354.63) feet; thence northwesterly along the arc of a curve to the right having a uniform
radius of one hundred eighty-five (185) feet, a distance of
twenty-two and two one-hundredths (22.02) feet to a point of
tangency on a line which bears north twenty-nine degrees six
minutes fifty-three seconds (29°06’53") west; thence northwesterly along said line, a distance of nine hundred eighteen
and sixty-five one-hundredths (918.65) feet to the beginning
of a curve to the left, having a uniform radius of two hundred
fifty (250) feet; thence northwesterly along the arc of said
curve, a distance of two hundred sixty-five and fifty one-hundredths (265.50) feet to a point of tangency on the south margin of East Forty-fifth Street; thence east along said south
margin, a distance of three hundred twenty-nine and fourteen
one-hundredths (329.14) feet to a point which is distant five
hundred ten and seventy-nine one-hundredths (510.79) feet
west from the east line of said section sixteen (16); thence
southwesterly, southerly and southeasterly along the arc of a
curve to the left having a uniform radius of sixty (60) feet a
distance of one hundred twenty-four and seventy-eight onehundredths (124.78) feet to a point of tangency; thence south
[Title 28B RCW—page 93]
28B.20.342
Title 28B RCW: Higher Education
twenty-nine degrees six minutes fifty-three seconds
(29°06’53") east, a distance of nine hundred twenty-four and
twenty-four one-hundredths (924.24) feet to the beginning of
a curve to the left having a uniform radius of one hundred fifteen (115) feet; thence southeasterly along the arc of said
curve, a distance of one hundred twenty and fifty-one onehundredths (120.51) feet to the point of beginning. [1969
ex.s. c 223 § 28B.20.340. Prior: 1913 c 24 § 1. Formerly
RCW 28.77.280.]
28B.20.342 University site dedicated for street and
boulevard purposes—Local assessments barred against
site. No assessments for the opening, improvement or maintenance of any public street upon the tracts of land described
in RCW 28B.20.340 shall ever be levied, assessed or collected upon any portion of section 16, township 25 north,
range 4 east, W.M., or upon any portion of blocks 7 and 8
Lake Washington shorelands. [1969 ex.s. c 223 §
28B.20.342. Prior: 1913 c 24 § 2. Formerly RCW
28.77.290.]
28B.20.342
A rectangular tract of land one hundred twenty (120) feet
in north-south width, and four hundred (400) feet in east-west
length, with the north boundary coincident with the north
boundary of the old canal right-of-way, and the west boundary on the southerly extension of the west line of Lot eleven
(11), Block four (4), Montlake Park, according to the
recorded plat thereof, approximately five hundred sixty (560)
feet east of the east line of Montlake Boulevard.
(2) The board of regents is authorized to convey to the
city of Seattle free of all restrictions or limitations, or to
incorporate in the conveyance to the city of Seattle such provisions for reverter of said land to the university as the board
deems appropriate. Should any portion of the land so conveyed to the city of Seattle again vest in the university by reason of the operation of any provisions incorporated by the
board in the conveyance to the city of Seattle, the University
of Washington shall hold such reverted portion subject to the
reverter provisions of RCW 28B.20.356. [1969 ex.s. c 223 §
28B.20.354. Prior: 1947 c 45 § 3. Formerly RCW
28.77.320.]
28B.20.356 1947 conveyance for arboretum and
botanical garden purposes—Reversion for unauthorized
use—Reconveyance for highway purposes. In case the
University of Washington should attempt to use or permit the
use of such shorelands or any portion thereof for any other
purpose than for arboretum and botanical garden purposes,
except as provided in RCW 28B.20.354, the same shall forthwith revert to the state of Washington without suit, action or
any proceedings whatsoever or the judgment of any court forfeiting the same: PROVIDED, That the board of regents of
the University of Washington is hereby authorized and
directed to reconvey to the state of Washington block elevenA (11-A) of the supplemental map of Lake Washington
shorelands, filed September 5, 1916 in the office of the commissioner of public lands, or such portion thereof as may be
required by the state of Washington or any agency thereof for
state highway purposes. The state of Washington or any
agency thereof requiring said land shall pay to the University
of Washington the fair market value thereof and such moneys
paid shall be used solely for arboretum purposes. Such reconveyance shall be made at such time as the state or such
agency has agreed to pay the same. [1969 ex.s. c 223 §
28B.20.356. Prior: 1959 c 164 § 2; 1947 c 45 § 4; No RRS.
Formerly RCW 28.77.330.]
28B.20.356
28B.20.344 University site dedicated for street and
boulevard purposes—Eminent domain may not be exercised against site. The power of eminent domain of any
municipal or other corporation whatever is hereby declared
not to extend to any portion of said section 16, township 25
north, range 4 east, W.M., and blocks 7 and 8 of Lake Washington shorelands. [1969 ex.s. c 223 § 28B.20.344. Prior:
1913 c 24 § 3. Formerly RCW 28.77.300.]
28B.20.344
28B.20.350 1947 conveyance for arboretum and
botanical garden purposes—Description. There is hereby
granted to the University of Washington the following
described land, to wit:
Lots two (2) and three (3), Block eleven-A (11-A) of the
supplemental map of Lake Washington shorelands, filed September 5, 1916 in the office of the commissioner of public
lands, to be used for arboretum and botanical garden purposes and for no other purposes, except as provided in RCW
28B.20.354. [1969 ex.s. c 223 § 28B.20.350. Prior: 1947 c
45 § 1. Formerly RCW 28.77.310.]
28B.20.350
28B.20.352 1947 conveyance for arboretum and
botanical garden purposes—Deed of conveyance. The
commissioner of public lands is hereby authorized and
directed to certify the lands described in RCW 28B.20.350 to
the governor, and the governor is hereby authorized and
directed to execute, and the secretary of state to attest, a deed
of said shorelands to the university. [1969 ex.s. c 223 §
28B.20.352. Prior: 1947 c 45 § 2. Formerly RCW
28.77.315.]
28B.20.352
28B.20.354 1947 conveyance for arboretum and
botanical garden purposes—Part may be conveyed by
regents to city of Seattle. (1) The board of regents of the
University of Washington is hereby authorized to convey to
the city of Seattle that portion of said lot three (3) of the
shorelands described in RCW 28B.20.350 which is within the
following described tract, to wit:
28B.20.354
[Title 28B RCW—page 94]
28B.20.360 1939 conveyance of shorelands to university—Description. The commissioner of public lands of the
state of Washington is hereby authorized and directed to certify in the manner now provided by law to the governor for
deeding to the University of Washington all of the following
described Lake Washington shorelands, to wit: Blocks sixteen (16) and seventeen (17), Lake Washington Shorelands,
as shown on the map of said shorelands on file in the office of
the commissioner of public lands. [1969 ex.s. c 223 §
28B.20.360. Prior: 1939 c 60 § 1; No RRS. Formerly RCW
28.77.333.]
28B.20.360
28B.20.362 1939 conveyance of shorelands to university—Deed of conveyance. The governor is hereby autho28B.20.362
(2008 Ed.)
University of Washington
rized and directed to execute, and the secretary of state to
attest, a deed conveying to the University of Washington all
of said shorelands. [1969 ex.s. c 223 § 28B.20.362. Prior:
1939 c 60 § 2; No RRS. Formerly RCW 28.77.335.]
28B.20.364 1939 conveyance of shorelands to university—Grant for arboretum and botanical garden purposes—Reversion for unauthorized use—Reconveyance
for highway purposes. All of the shorelands described in
RCW 28B.20.360 are hereby granted to the University of
Washington to be used for arboretum and botanical garden
purposes and for no other purposes. In case the said University of Washington should attempt to use or permit the use of
said shorelands or any portion thereof for any other purpose,
the same shall forthwith revert to the state of Washington
without suit, action or any proceedings whatsoever or the
judgment of any court forfeiting the same: PROVIDED,
That the board of regents of the University of Washington is
hereby authorized and directed to reconvey to the state of
Washington blocks 16 and 17 of Lake Washington shorelands, or such portions thereof as may be required by the state
of Washington or any agency thereof for state highway purposes. The state of Washington or any agency thereof requiring said land shall pay to the University of Washington the
fair market value thereof and such moneys paid shall be used
solely for arboretum purposes. Such reconveyance shall be
made at such time as the state or such agency has agreed to
pay the same. [1969 ex.s. c 223 § 28B.20.364. Prior: 1959 c
164 § 1; 1939 c 60 § 3; No RRS. Formerly RCW 28.77.337.]
28B.20.364
28B.20.370 Transfer of certain Lake Union shorelands to university. Block 18-A, Second Supplemental
Maps of Lake Union Shore Lands, as shown on the official
maps thereof on file in the office of the commissioner of public lands, is hereby transferred to the University of Washington and shall be held and used for university purposes only.
[1969 ex.s. c 223 § 28B.20.370. Prior: 1963 c 71 § 1. Formerly RCW 28.77.339.]
28B.20.370
28B.20.381 "University tract" defined. For the purposes of this chapter, "university tract" means the tract of
land in the city of Seattle, consisting of approximately ten
acres, originally known as the "old university grounds," and
more recently referred to as the "metropolitan tract," together
with all buildings, improvements, facilities, and appurtenances thereon. [1999 c 346 § 2.]
28B.20.381
Purpose—Construction—1999 c 346: "The purpose of this act is to
consolidate the statutes authorizing the board of regents of the University of
Washington to control the property of the university. Nothing in this act may
be construed to diminish in any way the powers of the board of regents to
control its property including, but not limited to, the powers now or previously set forth in RCW *28B.20.392 through 28B.20.398." [1999 c 346 § 1.]
*Reviser’s note: RCW 28B.20.392 was repealed by 1999 c 346 § 8.
Effective date—1999 c 346: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 17, 1999]." [1999 c 346 § 9.]
28B.20.382 University tract—Conditions for sale,
lease, or lease renewal—Inspection of records—Deposit
of proceeds—University of Washington facilities bond
retirement account. (1) Until authorized by statute of the
28B.20.382
(2008 Ed.)
28B.20.394
legislature, the board of regents of the university, with
respect to the university tract, shall not sell the land or any
part thereof or any improvement thereon, or lease the land or
any part thereof or any improvement thereon or renew or
extend any lease thereof for a term of more than eighty years.
Any sale of the land or any part thereof or any improvement
thereon, or any lease or renewal or extension of any lease of
the land or any part thereof or any improvement thereon for a
term of more than eighty years made or attempted to be made
by the board of regents shall be null and void until the same
has been approved or ratified and confirmed by legislative
act.
(2) The board of regents shall have power from time to
time to lease the land, or any part thereof or any improvement
thereon for a term of not more than eighty years. Any and all
records, books, accounts, and agreements of any lessee or
sublessee under this section, pertaining to compliance with
the terms and conditions of such lease or sublease, shall be
open to inspection by the board of regents, the ways and
means committee of the senate, the appropriations committee
of the house of representatives, and the joint legislative audit
and review committee or any successor committees. It is not
intended that unrelated records, books, accounts, and agreements of lessees, sublessees, or related companies be open to
such inspection. The board of regents shall make a full,
detailed report of all leases and transactions pertaining to the
land or any part thereof or any improvement thereon to the
joint legislative audit and review committee, including one
copy to the staff of the committee, during odd-numbered
years.
(3) The net proceeds from the sale or lease of land in the
university tract, or any part thereof or any improvement
thereon, shall be deposited into the University of Washington
facilities bond retirement account hereby established outside
the state treasury as a nonappropriated local fund to be used
exclusively for the purpose of erecting, altering, maintaining,
equipping, or furnishing buildings at the University of Washington. The board of regents shall transfer from the University of Washington facilities bond retirement account to the
University of Washington building account under RCW
43.79.080 any funds in excess of amounts reasonably necessary for payment of debt service in combination with other
nonappropriated local funds related to capital projects for
which debt service is required under section 4, chapter 380,
Laws of 1999. [1999 c 346 § 3; 1998 c 245 § 17; 1996 c 288
§ 27; 1987 c 505 § 13; 1980 c 87 § 10; 1977 ex.s. c 365 § 1;
1974 ex.s. c 174 § 1.]
Purpose—Construction—Effective date—1999 c 346: See notes following RCW 28B.20.381.
28B.20.394 University tract—Powers of regents—
Agreements to pay for governmental services. In addition
to the powers conferred upon the board of regents of the University of Washington by RCW 28B.20.395, the board of
regents is authorized and shall have the power to enter into an
agreement or agreements with the city of Seattle and the
county of King, Washington, to pay to the city and the county
such sums as shall be mutually agreed upon for governmental
services rendered to the university tract, which sums shall not
exceed the amounts that would be received pursuant to limitations imposed by RCW 84.52.043 by the city of Seattle and
28B.20.394
[Title 28B RCW—page 95]
28B.20.395
Title 28B RCW: Higher Education
county of King respectively from real and personal property
taxes paid on the university tract or any leaseholds thereon if
such taxes could lawfully be levied. [1999 c 346 § 4; 1973
1st ex.s. c 195 § 10; 1972 ex.s. c 107 § 1; 1969 ex.s. c 223 §
28B.20.394. See also 1973 1st ex.s. c 195 § 140. Prior: 1955
c 229 § 1. Formerly RCW 28.77.361.]
Purpose—Construction—Effective date—1999 c 346: See notes following RCW 28B.20.381.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
28B.20.395 University tract—Powers of regents, generally. In addition to the powers conferred under the original
deeds of conveyance to the state of Washington and under
existing law, and subject to RCW 28B.20.382, the board of
regents has full control of the university tract as provided in
this chapter including, but not limited to:
(1) With regard to the whole or portions of the land, the
authority to manage, to improve, to alter, to operate, to lease,
to contract indebtedness, to borrow funds, to issue bonds,
notes, and warrants, to provide for the amortization of and to
pay the bonds, notes, warrants, and other evidences of indebtedness, at or prior to maturity, to use and pledge the income
derived from operating, managing, and leasing the university
tract for such purpose, and to otherwise own, operate, and
control the university tract to the same extent as any other
property of the university;
(2) With regard to the whole or portions of any building
or buildings or other improvements thereon or appurtenances
thereto, the authority to sell, subject to the terms of any
underlying lease on the land, to manage, to improve, to alter,
to operate, to lease, to grant a deed of trust or a mortgage lien,
to contract indebtedness, to borrow funds, to issue bonds,
notes, and warrants, to provide for the amortization thereof
and to pay the bonds, notes, warrants, and other evidences of
indebtedness, at or prior to maturity, to use and pledge the
income derived from operating, managing, and leasing the
university tract for such purpose, and to otherwise own, operate, and control the university tract to the same extent as any
other property of the university consistent with the purpose of
the donors of the metropolitan tract. [1999 c 346 § 5.]
28B.20.395
Purpose—Construction—Effective date—1999 c 346: See notes following RCW 28B.20.381.
28B.20.396 University tract—Bonding authority.
Bonds issued pursuant to the authority granted under RCW
28B.20.395:
(1) Shall not constitute (a) an obligation, either general
or special, of the state or (b) a general obligation of the University of Washington or of the board of regents;
(2) Shall be:
(a) Either in bearer form or in registered form as provided in RCW 39.46.030, and
(b) Issued in denominations of not less than one hundred
dollars;
(3) Shall state:
(a) The date of issue, and
(b) The series of the issue and be consecutively numbered within the series, and
(c) That the bond is payable only out of a special fund
established for the purpose, and designate the fund;
28B.20.396
[Title 28B RCW—page 96]
(4) Shall bear interest, payable either annually, or semiannually as the board of regents may determine;
(5) Shall be payable solely out of:
(a) Revenue derived from operating, managing and leasing the university tract, and
(b) A special fund, created by the board of regents for the
purpose, consisting either of (i) a fixed proportion, or (ii) a
fixed amount out of and not exceeding a fixed proportion, or
(iii) a fixed amount without regard to any fixed proportion, of
the revenue so derived;
(6) May contain covenants by the board of regents in
conformity with the provisions of RCW 28B.20.398(2);
(7) Shall be payable at such times over a period of not to
exceed thirty years, in such manner and at such place or
places as the board of regents determines;
(8) Shall be executed in such manner as the board of
regents by resolution determines;
(9) Shall be sold in such manner as the board of regents
deems for the best interest of the University of Washington;
(10) May be issued under chapter 39.46 RCW. [1999 c
346 § 6; 1983 c 167 § 33; 1970 ex.s. c 56 § 25; 1969 ex.s. c
232 § 99; 1969 ex.s. c 223 § 28B.20.396. Prior: 1947 c 284 §
3; Rem. Supp. 1947 § 4566-13. Formerly RCW 28.77.370.]
Purpose—Construction—Effective date—1999 c 346: See notes following RCW 28B.20.381.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
28B.20.398 University tract—Powers of regents—
Bond issuance—Covenants—Redemption—Action for
compliance. (1) Any resolution of the board of regents pursuant to the provisions of RCW 28B.20.395 shall provide for
the creation of a special fund, in conformity with the provisions of RCW 28B.20.396(5)(b).
(2) Any resolution authorizing the issuance of bonds pursuant to the provisions of RCW 28B.20.395, 28B.20.396, and
28B.20.398 may contain covenants of the board of regents to
protect and safeguard the security and rights of the owners of
any such bonds such as are then customary in connection
with similar bonds and considered advisable in order to
assure the maximum marketability for said bonds. Without
limiting the generality of the foregoing, any such resolution
may contain covenants as to:
(a) The creation of a special fund into which the proceeds of all bonds issued pursuant to the provisions of such
resolution shall be deposited, the terms and conditions upon
which payments may be made from such special fund, and
for the payment of interest on bonds issued pursuant to such
resolution from the moneys in said fund;
(b) Maintaining rental and leasehold rates and other
charges at a level sufficient at all times to provide revenue (i)
to pay the interest on and principal of all bonds and other
obligations payable from said revenue, (ii) to make all other
payments from said revenues required under the provisions
of any resolution adopted in connection with the issuance of
warrants or bonds under RCW 28B.20.395, 28B.20.396, and
28B.20.398 and (iii) to pay the operating, management,
maintenance, repair and upkeep costs of the university tract;
28B.20.398
(2008 Ed.)
University of Washington
(c) Collection, deposit, custody and disbursement of the
revenues from the university tract or any portions thereof
including (i) a specification of the depositaries to be designated, and (ii) authorization of such depositaries, or other
banks or trust companies, to act as fiscal agent of the board of
regents for the custody of the proceeds of bonds and the moneys held in any funds created pursuant to RCW 28B.20.395,
28B.20.396, and 28B.20.398, or any resolution authorizing
such bonds, and to represent bond owners in the event of a
default on such bonds or in the event of a default in the performance of any duty or obligation of the board of regents in
connection therewith, with such power and duty as such resolution may provide;
(d) Creation and administration of reserve and other
funds for the payment, at or prior to maturity, of any indebtedness chargeable against the revenues from the university
tract and for creation of working funds, depreciation funds,
replacement funds, reserves for extraordinary repairs and any
other fund deemed necessary or desirable to insure the continued profitable operation of the said university tract;
(e) Deposit of collateral security or indemnity bonds to
secure the proceeds (i) of bonds issued pursuant to the provisions of such resolution and (ii) of all revenues which are
pledged to secure the repayment of bonds issued pursuant to
the provisions of such resolution and (iii) of all moneys
deposited in any special fund created under the authority of
RCW 28B.20.395, 28B.20.396, and 28B.20.398 or any covenant thereunder;
(f) The obligation of the board of regents to maintain the
building or buildings in good condition and to operate and
manage the same in an economical and efficient manner;
(g) The amount and kind of insurance to be carried by the
board of regents in connection with the building or buildings,
the companies in which such insurance shall be carried, the
term thereof, the application of the proceeds of any such
insurance, and adjustments of losses under any such policy of
insurance;
(h) Limitations upon the amount of additional bonds,
warrants and other obligations payable out of the revenues
from the building or buildings which may be thereafter issued
and the terms and conditions upon which such additional
bonds, warrants or other obligations may be issued;
(i) Limitations upon the creation of additional liens or
encumbrances on the building or buildings or the personal
property used in connection therewith;
(j) The terms and conditions upon which the building or
buildings, or any part thereof, may be sold, mortgaged, leased
or otherwise disposed of, and the use or other disposition of
the proceeds of any such sale, mortgage or lease;
(k) The methods of operation, management and maintenance of the building or buildings;
(l) Accounting and auditing and the keeping of records,
reports and audits with respect to the building or buildings;
(m) The amendment or modification of any resolution
authorizing the issuance of bonds pursuant to the provisions
of RCW 28B.20.395, 28B.20.396, and 28B.20.398, including
the terms and conditions upon which such amendment or
modification may be effected and the number, amount or percentage of assenting bonds necessary to effectuate the same;
(n) Limitations upon the use of space or facilities in the
building or buildings without payment therefor; and
(2008 Ed.)
28B.20.412
(o) Such other matters as may be necessary or desirable
to insure a successful and profitable operation of the building
or buildings.
(3) The term "building or buildings" as used in subsection (2) of this section means the building or buildings or
improvements upon the university tract with respect to which
the revenues are pledged, under the terms of the resolution, to
secure the payment of bonds issued under such resolution.
(4) The provisions of RCW 28B.20.395, 28B.20.396,
and 28B.20.398 and of any resolution adopted in conformity
with the provisions of this section shall constitute a contract
with the owners of warrants or bonds issued pursuant thereto,
and the provisions thereof shall be enforceable in any court of
competent jurisdiction by any owner of such warrants or
bonds by mandamus or any other appropriate suit, action or
proceeding at law or in equity.
(5) Bonds issued pursuant to the provisions of RCW
28B.20.395, 28B.20.396, and 28B.20.398 may be redeemed,
at the option of the board of regents, at such time or times,
upon such terms and conditions, and at such premiums as the
board of regents specifies in the resolution.
(6) If the board of regents fails to pay the required
amounts into the special fund, established in conformity with
subsection (2) of this section, the owner of any bond or bonds
affected thereby may maintain an action against the board of
regents to compel compliance with the terms of the resolution
in this respect.
(7) Pending the preparation and execution of any bonds
the issuance of which is authorized under the provisions of
subsection (2) of this section, temporary bonds may be issued
in such form as the board of regents determines. [1999 c 346
§ 7; 1983 c 167 § 34; 1969 ex.s. c 223 § 28B.20.398. Prior:
1947 c 284 § 4; Rem. Supp. 1947 § 4566-14. Formerly RCW
28.77.380.]
Purpose—Construction—Effective date—1999 c 346: See notes following RCW 28B.20.381.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
SCHOLARSHIPS, FELLOWSHIPS, SPECIAL
RESEARCH PROJECTS, AND HOSPITAL
28B.20.410
28B.20.410 Children’s center for research and training in mental retardation—Established. There is hereby
established at the University of Washington a children’s center for research and training in mental retardation and other
handicapping conditions. [1969 ex.s. c 223 § 28B.20.410.
Prior: 1963 c 193 § 1. Formerly RCW 28.77.430.]
28B.20.412
28B.20.412 Children’s center for research and training in mental retardation—Administration. The center
shall be administered by the board of regents of the University of Washington. [1982 c 163 § 4; 1973 c 62 § 8; 1969
ex.s. c 223 § 28B.20.412. Prior: 1963 c 193 § 2. Formerly
RCW 28.77.432.]
Severability—Effective date—1982 c 163: See notes following RCW
2.10.052.
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
[Title 28B RCW—page 97]
28B.20.414
Title 28B RCW: Higher Education
28B.20.414 Children’s center for research and training in mental retardation—Purpose. The general purposes
of the center shall be:
(1) To provide clinical and laboratory facilities for
research on the causes, diagnosis, prevention, and treatment
of mental retardation and other handicapping conditions in
children;
(2) To develop improved professional and in-service
training programs in the various disciplines concerned with
handicapped children;
(3) To provide diagnostic and consultative services to
various state programs and to regional and local centers, to an
extent compatible with the primary research and teaching
objectives of the center. [1969 ex.s. c 223 § 28B.20.414.
Prior: 1963 c 193 § 3. Formerly RCW 28.77.434.]
28B.20.414
28B.20.420 Graduate scholarships for engineering
research—Established. In order to further the development
of advance studies in engineering there shall be established in
the engineering laboratories of the University of Washington,
ten graduate scholarships and/or fellowships to the amount of
one thousand dollars and tuition each, per academic year.
These scholarships shall be in the field of engineering which
can best be used to aid the industrial development of the state
of Washington and its resources. This graduate work shall be
done in the laboratories of the university and shall be directed
along the lines of professional research and testing. [1969
ex.s. c 223 § 28B.20.420. Prior: 1945 c 241 § 1. Formerly
RCW 28.77.220.]
28B.20.420
28B.20.422 Graduate scholarships for engineering
research—Studies published—Direction of program—
Qualifications for candidates. The studies and results of
such scholarships shall be published as bulletins or engineering reports of the college of engineering of the university and
a reasonable number of copies thereof shall be available to
the public without cost. The provisions of RCW 28B.20.420
and this section shall include the cost of individual scholarships, the cost of necessary supplies and materials to be utilized, and the cost of printing and distribution of the bulletins
or engineering reports. The direction of this research program
shall rest in the proper department or departments and
schools of the engineering college of the university and the
candidates must meet the qualifications of the graduate
school of the university for graduate students. [1969 ex.s. c
223 § 28B.20.422. Prior: 1945 c 241 § 2. Formerly RCW
28.77.225; 28.77.220, part.]
28B.20.422
28B.20.440 University hospital. The board of regents
of the University of Washington is hereby authorized to operate a hospital upon university grounds to be used in conjunction with the university’s medical and dental schools, including equipping and additional construction to the same. [1969
ex.s. c 223 § 28B.20.440. Cf. (i) 1947 c 286 § 2. No RRS. (ii)
1945 c 15 § 4. No RRS.]
28B.20.440
28B.20.450 Occupational and environmental
research facility—Construction and maintenance authorized—Purpose. There shall be constructed and maintained
at the University of Washington an occupational and environ28B.20.450
[Title 28B RCW—page 98]
mental research facility in the school of medicine having as
its objects and purposes testing, research, training, teaching,
consulting and service in the fields of industrial and occupational medicine and health, the prevention of industrial and
occupational disease among workers, the promotion and protection of safer working environments and dissemination of
the knowledge and information acquired from such objects
and purposes. [1989 c 12 § 4; 1969 ex.s. c 223 § 28B.20.450.
Prior: 1963 c 151 § 1. Formerly RCW 28.77.410.]
28B.20.452 Occupational and environmental
research facility—Industry to share costs. See RCW
51.16.042.
28B.20.452
28B.20.454 Occupational and environmental
research facility—Submission of industrial and occupational health problems to facility—Availability of information. Any matter or problem relating to the industrial and
occupational health of workers may be submitted to the environmental research facility by any public agency or interested
party. All research data and pertinent information available or
compiled at such facility related to the industrial and occupational health of workers shall be made available and supplied
without cost to any public agency or interested party. [1989
c 12 § 5; 1969 ex.s. c 223 § 28B.20.454. Prior: 1963 c 151 §
3. Formerly RCW 28.77.414.]
28B.20.454
28B.20.456 Occupational and environmental
research facility—Advisory committee. There is hereby
created an advisory committee to the environmental research
facility consisting of eight members. Membership on the
committee shall consist of the director of the department of
labor and industries, the assistant secretary for the division of
health services of the department of social and health services, the president of the Washington state labor council, the
president of the association of Washington business, the dean
of the school of public health and community medicine of the
University of Washington, the dean of the school of engineering of the University of Washington, the president of the
Washington state medical association, or their representatives, and the chairman of the department of environmental
health of the University of Washington, who shall be ex officio chairman of the committee without vote. Such committee
shall meet at least semiannually at the call of the chairman.
Members shall serve without compensation. It shall consult,
review and evaluate policies, budgets, activities and programs of the facility relating to industrial and occupational
health to the end that the facility will serve in the broadest
sense the health of the workman as it may be related to his
employment. [1973 c 62 § 9; 1969 ex.s. c 223 § 28B.20.456.
Prior: 1963 c 151 § 4. Formerly RCW 28.77.416.]
28B.20.456
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
28B.20.458 Occupational and environmental
research facility—Acceptance of loans, gifts, etc.—Presentment of vouchers for payments from accident and
medical aid funds. The University of Washington may
accept and administer loans, grants, funds, or gifts, conditional or otherwise, in furtherance of the objects and purposes
28B.20.458
(2008 Ed.)
University of Washington
of RCW 28B.20.450 through 28B.20.458, from the federal
government and from other sources public or private. For the
purpose of securing payment from the accident fund and
medical aid fund as funds are required, vouchers shall be presented to the department of labor and industries. [1969 ex.s.
c 223 § 28B.20.458. Prior: 1963 c 151 § 5. Formerly RCW
28.77.418.]
28B.20.462 Warren G. Magnuson institute for biomedical research and health professions training—Established. The Warren G. Magnuson institute for biomedical
research and health professions training is established within
the Warren G. Magnuson health sciences center at the University of Washington. The institute shall be administered by
the university. The institute may be funded through a combination of federal, state, and private funds, including earnings
on the endowment fund in RCW 28B.20.472. [1990 c 282 §
1.]
28B.20.462
28B.20.464 Warren G. Magnuson institute—Purposes. The purposes of the Warren G. Magnuson institute for
biomedical research and health professions training are as
follows:
(1) Supporting one or more individuals engaged in biomedical research into the causes of, the treatments for, or the
management of diabetes is the primary purpose of the institute;
(2) Providing financial assistance to students in graduate
or postgraduate training programs in the health professions at
the university is the secondary purpose of the institute;
(3) Supporting biomedical research into the causes of,
the treatment for, or the management of Parkinson’s disease,
osteoporosis, or any other disease or medical disorder where
the achievement of a significant result in the near term is
especially promising; and
(4) Enhancing the training, research, and public service
missions of the health sciences schools of the University of
Washington. [1990 c 282 § 2.]
28B.20.464
28B.20.466 Warren G. Magnuson institute—Endowment fund earnings. Unless designated otherwise by
donors, the earnings on the endowment fund in RCW
28B.20.472 shall be distributed as follows:
(1) Earnings on the first seven hundred fifty thousand
dollars shall be expended at the direction of the dean of the
school of medicine, in support of one or more individuals
engaged in biomedical research into the causes of, the treatments for, or the management of diabetes;
(2) Earnings on the next two hundred fifty thousand dollars shall be expended to provide financial assistance to students in graduate or postgraduate training programs in the
health professions at the university, including: Medicine,
nursing, public health and community medicine, dentistry,
pharmacy, and social work. At least one such student at all
times shall be in a career pathway preparing for or engaged in
research related to diabetes, its antecedents, or complications;
and
(3) Earnings on additional funds within the endowment
may be used for any purpose of the institute as outlined in
RCW 28B.20.464. [1990 c 282 § 3.]
28B.20.466
(2008 Ed.)
28B.20.475
28B.20.468 Warren G. Magnuson institute—Trust
fund. The Warren G. Magnuson institute trust fund is hereby
established. The trust fund shall be administered by the state
treasurer. Funds appropriated by the legislature for the trust
fund shall be deposited into the trust fund. At the request of
the board of regents of the University of Washington, and
when conditions set forth in RCW 28B.20.470 are met, the
treasurer shall release state matching moneys in the fund to
the University of Washington’s local endowment fund. No
appropriation is required for expenditures from the trust fund.
[1991 sp.s. c 13 § 106; 1990 c 282 § 4.]
28B.20.468
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
28B.20.470 Warren G. Magnuson institute—State
matching funds. The University of Washington may apply
to the treasurer for five hundred thousand dollars from the
Warren G. Magnuson institute trust fund when the university
can match the state funds with an amount of cash donations
equal to twice the state funds provided. Private donations
mean moneys from nonstate sources that include, but are not
limited to federal moneys and assessments by commodity
commissions authorized to conduct research activities
including but not limited to research studies authorized under
RCW 15.66.030 and 15.65.040. [1990 c 282 § 5.]
28B.20.470
28B.20.472 Warren G. Magnuson institute—Local
endowment fund. The state matching funds and the private
donations shall be deposited in the university’s local endowment fund. The university is responsible for investing and
maintaining all moneys within the fund. The principal of the
invested endowment fund shall not be invaded. The university may augment the endowment fund with additional private donations. The earnings of the fund shall be used solely
to support the purposes of the Warren G. Magnuson institute
for biomedical research and health professions training as set
forth in RCW 28B.20.464. [1990 c 282 § 6.]
28B.20.472
28B.20.475 Sea grant program—Geoduck aquaculture—Scientific research studies—Reports. (1) The sea
grant program at the University of Washington shall, consistent with this section, commission a series of scientific
research studies that examines the possible effects, including
the cumulative effects, of the current prevalent geoduck
aquaculture techniques and practices on the natural environment in and around Puget Sound, including the Strait of Juan
de Fuca. The sea grant program shall use funding provided
from the geoduck aquaculture research account created in
RCW 28B.20.476 to review existing literature, directly perform research identified as needed, or to enter into and manage contracts with scientific organizations or institutions to
accomplish these results.
(2) Prior to entering into a contract with a scientific organization or institution, the sea grant program must:
(a) Analyze, through peer review, the credibility of the
proposed party to the contract, including whether the party
has credible experience and knowledge and has access to the
facilities necessary to fully execute the research required by
the contract; and
(b) Require that all proposed parties to a contract fully
disclose any past, present, or planned future personal or pro28B.20.475
[Title 28B RCW—page 99]
28B.20.476
Title 28B RCW: Higher Education
fessional connections with the shellfish industry or public
interest groups.
(3) All research commissioned under this section must
be subjected to a rigorous peer review process prior to being
accepted and reported by the sea grant program.
(4) In prioritizing and directing research under this section, the sea grant program shall meet with the department of
ecology at least annually and rely on guidance submitted by
the department of ecology. The department of ecology shall
convene the shellfish aquaculture regulatory committee created in section 4, chapter 216, Laws of 2007 as necessary to
serve as an oversight committee to formulate the guidance
provided to the sea grant program. The objective of the oversight committee, and the resulting guidance provided to the
sea grant program, is to ensure that the research required
under this section satisfies the planning, permitting, and data
management needs of the state, to assist in the prioritization
of research given limited funding, and to help identify any
research that is beneficial to complete other than what is
listed in subsection (5) of this section.
(5) To satisfy the minimum requirements of subsection
(1) of this section, the sea grant program shall review all scientific research that is existing or in progress that examines
the possible effect of currently prevalent geoduck practices,
on the natural environment, and prioritize and conduct new
studies as needed, to measure and assess the following:
(a) The environmental effects of structures commonly
used in the aquaculture industry to protect juvenile geoducks
from predation;
(b) The environmental effects of commercial harvesting
of geoducks from intertidal geoduck beds, focusing on current prevalent harvesting techniques, including a review of
the recovery rates for benthic communities after harvest;
(c) The extent to which geoducks in standard aquaculture
tracts alter the ecological characteristics of overlying waters
while the tracts are submerged, including impacts on species
diversity, and the abundance of other benthic organisms;
(d) Baseline information regarding naturally existing
parasites and diseases in wild and cultured geoducks, including whether and to what extent commercial intertidal geoduck aquaculture practices impact the baseline;
(e) Genetic interactions between cultured and wild geoduck, including measurements of differences between cultured geoducks and wild geoducks in terms of genetics and
reproductive status; and
(f) The impact of the use of sterile triploid geoducks and
whether triploid animals diminish the genetic interactions
between wild and cultured geoducks.
(6) If adequate funding is not made available for the
completion of all research required under this section, the sea
grant program shall consult with the shellfish aquaculture
regulatory committee, via the department of ecology, to prioritize which of the enumerated research projects have the
greatest cost/benefit ratio in terms of providing information
important for regulatory decisions; however, the study identified in subsection (5)(b) of this section shall receive top priority. The prioritization process may include the addition of
any new studies that may be appropriate in addition to, or in
place of, studies listed in this section.
[Title 28B RCW—page 100]
(7) When appropriate, all research commissioned under
this section must address localized and cumulative effects of
geoduck aquaculture.
(8) The sea grant program and the University of Washington are prohibited from retaining greater than fifteen percent of any funding provided to implement this section for
administrative overhead or other deductions not directly
associated with conducting the research required by this section.
(9) Individual commissioned contracts under this section
may address single or multiple components listed for study
under this section.
(10) All research commissioned under this section must
be completed and the results reported to the appropriate committees of the legislature by December 1, 2013. In addition,
the sea grant program shall provide the appropriate committees of the legislature with annual reports updating the status
and progress of the ongoing studies that are completed in
advance of the 2013 deadline. [2007 c 216 § 1.]
28B.20.476 Sea grant program—Geoduck aquaculture research account. The geoduck aquaculture research
account is created in the custody of the state treasurer. All
receipts from any legislative appropriations, the aquaculture
industry, or any other private or public source directed to the
account must be deposited in the account. Expenditures from
the account may only be used by the sea grant program for the
geoduck research projects identified by RCW 28B.20.475.
Only the president of the University of Washington or the
president’s designee may authorize expenditures from the
account. The account is subject to the allotment procedures
under chapter 43.88 RCW, but an appropriation is not
required for expenditures. [2007 c 216 § 2.]
28B.20.476
28B.20.500 Medical students from rural areas—
Admission preference. The school of medicine at the University of Washington shall develop and implement a policy
to grant admission preference to prospective medical students
from rural areas of the state who agree to serve for at least
five years as primary care physicians in rural areas of Washington after completion of their medical education and have
applied for and meet the qualifications of the program under
chapter 28B.115 RCW. Should the school of medicine be
unable to fill any or all of the admission openings due to a
lack of applicants from rural areas who meet minimum qualifications for study at the medical school, it may admit students not eligible for preferential admission under this section. [1991 c 332 § 26; 1990 c 271 § 9.]
28B.20.500
Application to scope of practice—Captions not law—1991 c 332:
See notes following RCW 18.130.010.
FINANCING BUILDINGS AND FACILITIES—1957 ACT
28B.20.700 Construction, remodeling, improvement,
financing, etc., authorized. The board of regents of the University of Washington is empowered, in accordance with the
provisions of this chapter, to provide for the construction,
completion, reconstruction, remodeling, rehabilitation and
improvement of buildings and facilities authorized by the
legislature for the use of the university and to finance the payment thereof by bonds payable out of a special fund from rev28B.20.700
(2008 Ed.)
University of Washington
enues hereafter derived from the payment of building fees,
gifts, bequests or grants, and such additional funds as the legislature may provide. [1985 c 390 § 36; 1969 ex.s. c 223 §
28B.20.700. Prior: 1959 c 193 § 1; 1957 c 254 § 1. Formerly
RCW 28.77.500.]
28B.20.705 Definitions. The following terms, whenever used or referred to in this chapter, shall have the following meaning, excepting in those instances where the context
clearly indicates otherwise:
(1) The word "board" means the board of regents of the
University of Washington.
(2) The words "building fees" mean the building fees
charged students registering at the university.
(3) The words "bond retirement fund" mean the special
fund created by chapter 254, Laws of 1957, to be known as
the University of Washington bond retirement fund.
(4) The word "bonds" means the bonds payable out of
the bond retirement fund.
(5) The word "projects" means the construction, completion, reconstruction, remodeling, rehabilitation, or improvement of any building or other facility of the university authorized by the legislature at any time and to be financed by the
issuance and sale of bonds. [1985 c 390 § 37; 1969 ex.s. c
223 § 28B.20.705. Prior: 1963 c 224 § 2; 1963 c 182 § 1;
1959 c 193 § 2; 1957 c 254 § 2. Formerly RCW 28.77.510.]
28B.20.705
28B.20.710 Contracts, issuance of evidences of
indebtedness, acceptance of grants. In addition to the powers conferred under existing law, the board is authorized and
shall have the power:
(1) To contract for the construction, completion, reconstruction, remodeling, rehabilitation and improvement of
such buildings or other facilities of the university as are and
which may hereafter be authorized by the legislature.
(2) To finance the same by the issuance of bonds secured
by the pledge of any or all of the revenues and receipts of the
bond retirement fund.
(3) Without limitation of the foregoing, to accept grants
from the United States government, or any federal or state
agency or instrumentality, or any public or private corporation, association, or person to aid in defraying the costs of any
such projects. [1969 ex.s. c 223 § 28B.20.710. Prior: 1963 c
182 § 2; 1959 c 193 § 3; 1957 c 254 § 3. Formerly RCW
28.77.520.]
28B.20.710
28B.20.715 Bonds—Issuance, sale, form, term, interest, etc.—Covenants—Deposit of proceeds. For the purpose of financing the cost of any projects, the board is hereby
authorized to adopt the resolution or resolutions and prepare
all other documents necessary for the issuance, sale and
delivery of the bonds or any part thereof at such time or times
as it shall deem necessary and advisable. Said bonds:
(1) Shall not constitute
(a) An obligation, either general or special, of the state;
or
(b) A general obligation of the University of Washington
or of the board;
(2) Shall be
(a) Either registered or in coupon form; and
28B.20.715
(2008 Ed.)
28B.20.715
(b) Issued in denominations of not less than one hundred
dollars; and
(c) Fully negotiable instruments under the laws of this
state; and
(d) Signed on behalf of the university by the president of
the board, attested by the secretary of the board, have the seal
of the university impressed thereon or a facsimile of such seal
printed or lithographed in the bottom border thereof, and the
coupons attached thereto shall be signed with the facsimile
signatures of such president and secretary;
(3) Shall state
(a) The date of issue; and
(b) The series of the issue and be consecutively numbered within the series; and
(c) That the bond is payable both principal and interest
solely out of the bond retirement fund;
(4) Each series of bonds shall bear interest, payable
either annually or semiannually, as the board may determine;
(5) Shall be payable both principal and interest out of the
bond retirement fund;
(6) Shall be payable at such times over a period of not to
exceed forty years from date of issuance, at such place or
places, and with such reserved rights of prior redemption, as
the board may prescribe;
(7) Shall be sold in such manner and at such price as the
board may prescribe;
(8) Shall be issued under and subject to such terms, conditions and covenants providing for the payment of the principal thereof and interest thereon and such other terms, conditions, covenants and protective provisions safeguarding
such payment, not inconsistent with this chapter, and as
found to be necessary by the board for the most advantageous
sale thereof, which may include but not be limited to:
(a) A covenant that the building fees shall be established,
maintained and collected in such amounts that will provide
money sufficient to pay the principal of and interest on all
bonds payable out of the bond retirement fund, to set aside
and maintain the reserves required to secure the payment of
such principal and interest, and to maintain any coverage
which may be required over such principal and interest;
(b) A covenant that a reserve account shall be created in
the bond retirement fund to secure the payment of the principal of and interest on all bonds issued and a provision made
that certain amounts be set aside and maintained therein;
(c) A covenant that sufficient moneys may be transferred
from the University of Washington building account to the
bond retirement fund when ordered by the board of regents in
the event there is ever an insufficient amount of money in the
bond retirement fund to pay any installment of interest or
principal and interest coming due on the bonds or any of
them;
(d) A covenant fixing conditions under which bonds on a
parity with any bonds outstanding may be issued.
The proceeds of the sale of all bonds, exclusive of
accrued interest which shall be deposited in the bond retirement fund, shall be deposited in the state treasury to the credit
of the University of Washington building account and shall
be used solely for paying the costs of the projects. [1985 c
390 § 38; 1970 ex.s. c 56 § 26; 1969 ex.s. c 232 § 100; 1969
ex.s. c 223 § 28B.20.715. Prior: 1959 c 193 § 4; 1957 c 254
§ 4. Formerly RCW 28.77.530.]
[Title 28B RCW—page 101]
28B.20.720
Title 28B RCW: Higher Education
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
28B.20.720 University of Washington bond retirement fund—Composition—Pledge of building fees. For
the purpose of paying and securing the payment of the principal of and interest on the bonds as the same shall become due,
there shall be paid into the state treasury and credited to a special trust fund to be known as the University of Washington
bond retirement fund, the following:
(1) One-half of such building fees as the board may from
time to time determine, or such larger portion as may be necessary to prevent default in the payments required to be made
out of the bond retirement fund, and in no event shall such
one-half be less than twelve dollars and fifty cents per each
resident student per quarter and less than thirty-seven dollars
and fifty cents per each nonresident student per quarter;
(2) Any gifts, bequests, or grants which may be made, or
may become available, for the purpose of furthering the construction of any authorized projects, or for the repayment of
the costs thereof;
(3) Such additional funds as the legislature may provide.
Said bond retirement fund shall be kept segregated from
all moneys in the state treasury and shall, while any of such
bonds or any interest thereon remains unpaid, be available
solely for the payment thereof except as provided in RCW
28B.20.725(5). As a part of the contract of sale of such
bonds, the board undertakes to charge and collect building
fees and to deposit the portion of such fees in the bond retirement fund in amounts which will be sufficient to pay the principal of, and interest on all such bonds outstanding. [1985 c
390 § 39; 1969 ex.s. c 223 § 28B.20.720. Prior: 1959 c 193 §
5; 1957 c 254 § 5. Formerly RCW 28.77.540.]
28B.20.720
1977 Bond act for the refunding of outstanding limited obligation revenue
bonds of institutions of higher education, as affecting: RCW
28B.14C.080 through 28B.14C.130.
28B.20.721 Revenues derived from certain university
lands deposited in University of Washington bond retirement fund. All moneys received from the lease or rental of
lands set apart by the enabling act for university purposes; all
interest or income arising from the proceeds of the sale of
such lands or of the timber, fallen timber, stone, gravel, or
other valuable material thereon; and all moneys received as
interest on deferred payments on contracts for the sale of such
lands shall be deposited in the "University of Washington
bond retirement fund" to be expended for the purposes set
forth in RCW 28B.20.720. [1969 ex.s. c 223 § 28B.20.721.
Prior: 1963 c 216 § 1. Formerly RCW 28.77.541.]
28B.20.721
28B.20.725 Additional powers of board—Issuance of
bonds, investments, transfer of funds, etc. The board is
hereby empowered:
(1) To reserve the right to issue bonds later on a parity
with any bonds being issued;
(2) To authorize the investing of moneys in the bond
retirement fund and any reserve account therein;
(3) To authorize the transfer of money from the University of Washington building account to the bond retirement
28B.20.725
[Title 28B RCW—page 102]
fund when necessary to prevent a default in the payments
required to be made out of such fund;
(4) To create a reserve account or accounts in the bond
retirement fund to secure the payment of the principal of and
interest on any bonds;
(5) To authorize the transfer to the University of Washington building account of any money on deposit in the bond
retirement fund in excess of debt service for a period of three
years from the date of such transfer on all outstanding bonds
payable out of such fund. [1969 ex.s. c 223 § 28B.20.725.
Prior: 1959 c 193 § 6. Formerly RCW 28.77.545.]
1977 Bond act for the refunding of outstanding limited obligation revenue
bonds of institutions of higher education, as affecting: RCW
28B.14C.080 through 28B.14C.130.
28B.20.730 Refunding bonds. The board is hereby
empowered to issue refunding bonds to provide funds to
refund any or all outstanding bonds payable from the bond
retirement fund and to pay any redemption premium payable
on such outstanding bonds being refunded. Such refunding
bonds may be issued in the manner and on terms and conditions and with the covenants permitted by this chapter for the
issuance of bonds. The refunding bonds shall be payable out
of the bond retirement fund and shall not constitute an obligation either general or special, of the state or a general obligation of the University of Washington or the board. The board
may exchange the refunding bonds at par for the bonds which
are being refunded or may sell them in such manner, at such
price and at such rate or rates of interest as it deems for the
best interest of the university. [1970 ex.s. c 56 § 27; 1969
ex.s. c 232 § 101; 1969 ex.s. c 223 § 28B.20.730. Prior: 1959
c 193 § 8. Formerly RCW 28.77.547.]
28B.20.730
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
28B.20.735 Bonds not general obligations—Legislature may provide additional means of payment. The
bonds authorized to be issued pursuant to the provisions of
RCW 28B.20.700 through 28B.20.740 shall not be general
obligations of the state of Washington, but shall be limited
obligation bonds payable only from the special fund created
for their payment derived from the building fees as herein
provided. The legislature may provide additional means for
raising money for the payment of interest and principal of
said bonds. RCW 28B.20.700 through 28B.20.740 shall not
be deemed to provide an exclusive method for such payment.
The power given to the legislature by this section to provide
additional means for raising money is permissive, and shall
not in any way be construed as a pledge of the general credit
of the state of Washington. [1985 c 390 § 40; 1969 ex.s. c
223 § 28B.20.735. Prior: 1957 c 254 § 7. Formerly RCW
28.77.550.]
28B.20.735
28B.20.740 RCW 28B.20.700 through 28B.20.740 as
concurrent with other laws. RCW 28B.20.700 through
28B.20.740 is to be construed as concurrent with other legislation with reference to providing funds for the construction
of buildings at the University of Washington, and is not to be
construed as limiting any other provision of law with refer28B.20.740
(2008 Ed.)
University of Washington
ence thereto. [1969 ex.s. c 223 § 28B.20.740. Prior: 1957 c
254 § 10. Formerly RCW 28.77.580.]
MISCELLANEOUS
28B.20.745
28B.20.745 Validation—1959 c 193. Any covenants of
the bonds issued by the University of Washington under the
authority of chapter 254, Laws of 1957 not expressly authorized by said chapter but authorized in chapter 193, Laws of
1959 are hereby declared to be legal and binding in all
respects. [1969 ex.s. c 223 § 28B.20.745. Prior: 1959 c 193
§ 11. Formerly RCW 28.77.590.]
28B.20.756
28B.20.753
28B.20.753 Hospital project bonds—Form, terms,
conditions, sale, and covenants for bonds and notes. The
state finance committee is authorized to prescribe the form,
terms, conditions and covenants of the bonds and/or the bond
anticipation notes, the time or times of sale of all or any portion of them, and the conditions and manner of their sale and
issuance.
Each such bond and bond anticipation note shall pledge
the full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and the interest thereon when due. [1975 1st ex.s. c 88 § 4.]
Severability—1975 1st ex.s. c 88: See note following RCW
28B.20.750.
28B.20.750
28B.20.750 Hospital project bonds—State general
obligation bonds in lieu of revenue bonds. The legislature
has previously approved by its appropriation of funds from
time to time, a capital improvement project for the University
of Washington hospital, which project was to be partly
funded by the issuance, by the university board of regents, of
revenue bonds payable from certain university hospital fees.
In order that such project may be funded on terms most
advantageous to the state, it is hereby determined to be in the
public interest that state general obligation bonds be issued to
provide part of the funds for such project in lieu of revenue
bonds. [1975 1st ex.s. c 88 § 1.]
Severability—1975 1st ex.s. c 88: "If any provision of this 1975 act, or
its application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances,
shall in no way be affected." [1975 1st ex.s. c 88 § 12.]
28B.20.751
28B.20.751 Hospital project bonds—Amount authorized. For the purpose of providing financing for needed
acquisition, construction, remodeling, furnishing or equipping of buildings and facilities of the University of Washington hospital, the state finance committee is hereby authorized
to issue from time to time general obligation bonds of the
state of Washington in the aggregate principal amount of
eight million dollars, or so much thereof as shall be required
to finance the university hospital improvements project
described in RCW 28B.20.750, to be paid and discharged
within thirty years of the date of issuance, in accordance with
Article VIII, section 1, of the Constitution of the state of
Washington. [1975 1st ex.s. c 88 § 2.]
28B.20.754
28B.20.754 Hospital project bonds—Disposition of
proceeds. Except for that portion of the proceeds required to
pay bond anticipation notes pursuant to RCW 28B.20.752,
the proceeds from the sale of the bonds and/or bond anticipation notes authorized herein, together with all grants, donations, transferred funds and other moneys which the state
finance committee or the board of regents of the University of
Washington may direct the state treasurer to deposit therein,
shall be deposited in the building authority construction
account in the state treasury. [1975 1st ex.s. c 88 § 5.]
Severability—1975 1st ex.s. c 88: See note following RCW
28B.20.750.
28B.20.755
28B.20.755 Hospital project bonds—Administration
of proceeds from bonds and notes. Subject to legislative
appropriation, all proceeds of the bonds and/or bond anticipation notes authorized in RCW 28B.20.750 through
28B.20.759 shall be administered and expended by the board
of regents of the University of Washington exclusively for
the purposes specified in RCW 28B.20.750 through
28B.20.759 and for the payment of the expenses incurred in
connection with the sale and issuance of such bonds and bond
anticipation notes. [1975 1st ex.s. c 88 § 6.]
Severability—1975 1st ex.s. c 88: See note following RCW
28B.20.750.
28B.20.756
28B.20.752 Hospital project bonds—Bond anticipation notes, authorized, payment. When the state finance
committee has determined to issue such general obligation
bonds or a portion thereof, it may, pending the issuance
thereof, issue in the name of the state temporary notes in
anticipation of the issuance of such bonds, which notes shall
be designated as "bond anticipation notes". Such portion of
the proceeds of the sale of such bonds as may be required for
the payment of principal and redemption premium, if any, of
and interest on such notes shall be applied thereto when such
bonds are issued. [1975 1st ex.s. c 88 § 3.]
28B.20.756 Hospital project bonds—1975 University
of Washington hospital bond retirement fund, created,
purpose. The 1975 University of Washington hospital bond
retirement fund is hereby created in the state treasury for the
purpose of the payment of principal of and interest on the
bonds authorized to be issued pursuant to RCW 28B.20.750
through 28B.20.759.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and interest coming due on such
bonds. On July 1st of each such year the state treasurer shall
withdraw from any general state revenues received in the
state treasury and deposit in the 1975 University of Washington hospital bond retirement fund an amount equal to the
amount certified by the state finance committee. [1975 1st
ex.s. c 88 § 7.]
Severability—1975 1st ex.s. c 88: See note following RCW
28B.20.750.
Severability—1975 1st ex.s. c 88: See note following RCW
28B.20.750.
Severability—1975 1st ex.s. c 88: See note following RCW
28B.20.750.
28B.20.752
(2008 Ed.)
[Title 28B RCW—page 103]
28B.20.757
Title 28B RCW: Higher Education
28B.20.757 Hospital project bonds—Regents to
accumulate moneys for bond payments. On or before June
30th of each year, the board of regents of the university shall
cause to be accumulated, in an appropriate local fund, from
fees charged patients of the university hospital and other
moneys legally available for such purposes, an amount at
least equal to the amount required in the next succeeding
twelve months for the payment of the principal of and interest
coming due on the bonds issued pursuant to RCW
28B.20.750 through 28B.20.759. Notwithstanding the provisions of RCW 28B.15.220, on July 1st of each such year the
board of regents of the university shall cause to be paid to the
state treasurer for deposit into the general fund of the state
treasury, the sum so accumulated. [1975 1st ex.s. c 88 § 8.]
28B.20.757
Severability—1975 1st ex.s. c 88: See note following RCW
28B.20.750.
28B.20.758 Hospital project bonds—As legal investment for public funds. The bonds authorized in RCW
28B.20.750 through 28B.20.759 shall constitute a legal
investment for all state funds or for funds under state control
and all funds of municipal corporations. [1975 1st ex.s. c 88
§ 9.]
28B.20.758
Severability—1975 1st ex.s. c 88: See note following RCW
28B.20.750.
28B.20.759 Hospital project bonds—Prerequisite to
issuance. The bonds authorized in RCW 28B.20.750
through 28B.20.759 shall be issued only after the university
board of regents has certified to the state finance committee
that projected revenue from fees charged patients of the university hospital shall be adequate, based upon reasonable projections for that revenue, to enable the board of regents to
meet the requirement of RCW 28B.20.757 during the life of
the bonds proposed to be issued. [1975 1st ex.s. c 88 § 10.]
28B.20.759
Severability—1975 1st ex.s. c 88: See note following RCW
28B.20.750.
28B.20.770 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities
and The Evergreen State College. See RCW 28B.10.300
through 28B.10.330.
28B.20.770
28B.20.800 Revenues derived from certain university
lands and income from university permanent fund deposited in University of Washington bond retirement fund—
Covenant. All moneys hereafter received from the lease or
rental of lands set apart for the University of Washington by
chapter 91, Laws of 1903 and section 9, chapter 122, Laws of
1893, and all interest or income arising from the proceeds of
the sale of such land, less the allocation to the state treasurer’s
service account [fund] pursuant to RCW 43.08.190 and the
state investment board expense account pursuant to RCW
43.33A.160, and all proceeds from the sale of timber, fallen
timber, stone, gravel, or other valuable material and all other
receipts therefrom shall be deposited to the credit of the "University of Washington bond retirement fund" to be expended
for the purposes set forth in RCW 28B.20.720. All proceeds
of sale of such lands, exclusive of investment income, shall
be deposited to the credit of the state university permanent
fund, shall be retained therein and shall not be transferred to
28B.20.800
[Title 28B RCW—page 104]
any other fund or account. All interest earned or income
received from the investment of the money in the state university permanent fund shall be deposited to the credit of the
University of Washington bond retirement fund less the allocations to the state treasurer’s service fund pursuant to RCW
43.08.190 and the state investment board expense account
pursuant to RCW 43.33A.160.
As a part of the contract of sale of bonds payable out of
the University of Washington bond retirement fund, the
board of regents of the University of Washington may covenant that all moneys derived from the above provided
sources, which are required to be paid into the bond retirement fund, shall continue to be paid into such bond retirement fund for as long as any of such bonds are outstanding.
[1991 sp.s. c 13 § 97; 1969 ex.s. c 223 § 28B.20.800. Prior:
1965 ex.s. c 135 § 1. Formerly RCW 28.77.620.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
1977 Bond act for the refunding of outstanding limited obligation revenue
bonds of institutions of higher education, as affecting: RCW
28B.14C.080 through 28B.14C.130.
28B.20.805 Revenues derived from certain university
lands and income from university permanent fund deposited in University of Washington bond retirement fund—
Ratification of previous transfers. The transfers heretofore
made of all moneys from the sources described in RCW
28B.20.800 and 43.79.201 into the University of Washington
bond retirement fund and permanent fund are in all respects
ratified and confirmed. [1969 ex.s. c 223 § 28B.20.805.
Prior: 1965 ex.s. c 135 § 3. Formerly RCW 28.77.630.]
28B.20.805
28B.20.810 Revenues derived from certain university
lands and income from university permanent fund deposited in University of Washington bond retirement fund—
Transfers of certain funds and investments from university permanent fund to University of Washington bond
retirement fund and University of Washington building
account. The board of regents of the University of Washington is empowered to authorize from time to time the transfer
from the state university permanent fund to be held in reserve
in the bond retirement fund created by RCW 28B.20.720 any
unobligated funds and investments derived from lands set
apart for the support of the university by chapter 91, Laws of
1903 and section 9, chapter 122, Laws of 1893, to the extent
required to comply with bond covenants regarding principal
and interest payments and reserve requirements for bonds
payable out of the bond retirement fund up to a total amount
of five million dollars, and to transfer any or all of said unobligated funds and investments in excess of five million dollars to the university building account created by *RCW
43.79.330(22). Any funds transferred to the bond retirement
fund pursuant to this section shall be replaced by moneys first
available out of the moneys required to be deposited in such
fund pursuant to RCW 28B.20.800. The board is further
empowered to direct the state finance committee to convert
any investments in such permanent fund acquired with funds
derived from such lands into cash or obligations of or guaranteed by the United States of America prior to the transfer of
such funds and investments to such reserve account or building account. [1991 sp.s. c 13 § 78; 1969 ex.s. c 223 §
28B.20.810
(2008 Ed.)
Washington State University
28B.20.810. Prior: 1965 ex.s. c 135 § 4. Formerly RCW
28.77.640.]
*Reviser’s note: RCW 43.79.330 was amended in 1979, 1980, and
1981 renumbering subsections, and was subsequently amended by 2008 c
128 § 18, changing the subsection to subsection (9), effective July 1, 2009.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
28B.20.820 Revenues derived from certain university
lands and income from university permanent fund deposited in University of Washington bond retirement fund—
RCW 79.64.040 not affected. Nothing contained in RCW
28B.20.800 through 28B.20.820 and RCW 43.79.201 is
intended to amend or modify RCW 79.64.040 (section 4,
chapter 178, Laws of 1961). [1969 ex.s. c 223 § 28B.20.820.
Prior: 1965 ex.s. c 135 § 5. Formerly RCW 28.77.650.]
28B.20.820
Chapter 28B.25 RCW
JOINT CENTER FOR HIGHER EDUCATION
Chapter 28B.25
Sections
28B.25.020 Coordination of programs—Master plan for Riverpoint higher
education park.
28B.25.020 Coordination of programs—Master plan
for Riverpoint higher education park.
28B.25.020
Reviser’s note: RCW 28B.25.020 was amended by 1998 c 245 § 18
without reference to its repeal by 1998 c 344 § 17. It has been decodified for
publication purposes under RCW 1.12.025.
Chapter 28B.30
Chapter 28B.30 RCW
WASHINGTON STATE UNIVERSITY
Sections
28B.30.010 Designation.
28B.30.015 Purpose.
28B.30.050 Collaboration with Eastern Washington University and local
community colleges.
28B.30.054 Credits—Statewide transfer policy and agreement—Establishment.
28B.30.055 "Major line" defined.
28B.30.057 Major lines common to University of Washington and Washington State University.
28B.30.060 Courses exclusive to Washington State University.
28B.30.065 Exclusive instruction in agriculture.
28B.30.067 Wine grape industry, instruction relating to—Purpose.
28B.30.068 Wine grape industry, instruction relating to—Administration.
28B.30.075 University fees.
28B.30.095 Management.
28B.30.100 Regents—Appointment—Terms—Vacancies—Quorum—
Bond.
28B.30.115 Regents—Oaths.
28B.30.116 Regents—Expenses.
28B.30.117 Regents—Attorney general as advisor.
28B.30.120 Regents—Meetings—Vacancy not to affect rights of remaining members.
28B.30.125 Regents—Board organization—President—President’s
duties—Bylaws, laws.
28B.30.130 Regents—Treasurer of board—Bond—Disbursement of funds
by.
28B.30.135 Regents—University president as secretary of board—
Duties—Bond.
28B.30.140 Regents—Employees, board members, to have no interest in
contracts.
28B.30.150 Regents—General powers and duties.
28B.30.200 Morrill act funds allotted to university.
28B.30.210 Acceptance of federal aid—1907 c 198—Assent.
28B.30.215 Acceptance of certain federal aid.
28B.30.220 Acceptance of federal aid—1925 ex.s. c 182.
28B.30.250 University designated as recipient of all federal aid to agricultural experiment stations.
(2008 Ed.)
Chapter 28B.30
28B.30.255 University designated as recipient of all federal aid to agricultural experiment stations—Assent to congressional grants to
university.
28B.30.270 State treasurer receiving agent of certain federal aid—Acts
enumerated.
28B.30.275 State treasurer receiving agent of certain federal aid—Morrill
Fund.
28B.30.280 State treasurer receiving agent of certain federal aid—Withdrawals.
28B.30.285 State treasurer receiving agent of certain federal aid—Trust
funds not subject to appropriation.
28B.30.300 State treasurer to report annually on university assets held in
trust.
28B.30.310 Department of natural resources to report annually on university trust lands transactions.
28B.30.325 Lease of lands with outdoor recreation potential—Restrictions—Unlawful to use posted lands.
28B.30.350 Medical, health and hospital service—Authorized.
28B.30.355 Medical, health and hospital service—Leases, contracts and
agreements.
28B.30.499 High-technology education and training.
28B.30.500 Masters and doctorate level degrees in technology authorized—Review by higher education coordinating board.
28B.30.520 Statewide off-campus telecommunications system—Authorized—Purpose, education in high-technology fields—
Availability of facilities.
28B.30.530 Small business development center—Services—Use of funds.
28B.30.533 Construction of RCW 28B.30.530—Conflict with federal
requirements.
28B.30.535 International marketing program for agricultural commodities
and trade (IMPACT) center created—Primary functions.
28B.30.537 IMPACT center—Duties.
28B.30.539 IMPACT center—Director.
28B.30.541 IMPACT center—Use of research and services—Fees.
28B.30.543 IMPACT center—Contributions and support.
28B.30.600 Tree fruit research center facility, financing—Bonds, authorization conditional—Amount—Discharge.
28B.30.602 Tree fruit research center facility, financing—Bonds, committee to control issuance, sale and retirement of.
28B.30.604 Tree fruit research center facility, financing—Anticipation
notes authorized—Use of proceeds.
28B.30.606 Tree fruit research center facility, financing—Administration
of proceeds from sale of bonds or notes—Investment of surplus funds.
28B.30.608 Tree fruit research center facility, financing—Security for
bonds issued.
28B.30.610 Tree fruit research center facility, financing—Office-laboratory facilities bond redemption fund created, use.
28B.30.612 Tree fruit research center facility, financing—Rights of owner
and holder of bonds.
28B.30.614 Tree fruit research center facility, financing—Lease agreement prerequisite to sale of bonds—Disposition of lease payments.
28B.30.616 Tree fruit research center facility, financing—Bonds, legislature may provide additional means for payment.
28B.30.618 Tree fruit research center facility, financing—Bonds as legal
investment for public funds.
28B.30.619 Tree fruit research center facility, financing—Appropriation.
28B.30.620 Tree fruit research center facility, financing—Alternatives
authorized.
28B.30.630 Puget Sound water quality field agents program—Definitions.
28B.30.632 Puget Sound water quality field agents program—Local field
agents.
28B.30.634 Puget Sound water quality field agents program—Matching
requirements.
28B.30.638 Puget Sound water quality field agents program—Captions not
law.
28B.30.640 Climate and rural energy development center—Definitions.
28B.30.642 Climate and rural energy development center—Authorized.
28B.30.644 Climate and rural energy development center—Funding.
FINANCING BUILDINGS AND FACILITIES—1961 ACT
28B.30.700 Construction, remodeling, improvement, financing through
bonds, authorized.
28B.30.710 Definitions.
28B.30.720 Contracts, issuance of evidences of indebtedness, bonds,
acceptance of grants.
28B.30.730 Bonds—Issuance, sale, form, term, interest—Covenants—
Deposit of proceeds.
28B.30.740 Washington State University bond retirement fund—Composition—Pledge of building fees.
28B.30.741 Washington State University bond retirement fund—Disposition of certain revenues from scientific school lands.
[Title 28B RCW—page 105]
28B.30.010
Title 28B RCW: Higher Education
28B.30.742 Washington State University bond retirement fund—Disposition of certain revenues from agricultural college lands.
28B.30.750 Additional powers of board—Issuance of bonds, investments,
transfer of funds, etc.
28B.30.760 Refunding bonds.
28B.30.770 Bonds not general obligations—Legislature may provide additional means of payment.
28B.30.780 Other laws not repealed or limited.
28B.30.800 Acquisition, construction, equipping and betterment of lands,
buildings and facilities at universities and The Evergreen
State College.
28B.30.810 Dairy/forage and agricultural research facility—Rainier
school farm—Revolving fund—Lease of herd, lands, authorized.
28B.30.900 Transfer of energy education, applied research, and technology transfer programs from state energy office.
28B.30.901 Establishment of administrative units to coordinate energy
education or energy program delivery programs.
28B.30.902 Lind dryland research unit—Income from leased property.
Acquisition of property, powers: RCW 28B.10.020.
Admission requirements: RCW 28B.10.050.
Agricultural college grant: RCW 43.79.120.
Agricultural extension work: RCW 36.50.010.
Athletic printing and concessions, bids required: RCW 28B.10.640.
Bond issue for projects: RCW 43.83.090 through 43.83.104.
Bond issue of 1977 for the refunding of outstanding limited obligation revenue bonds of institutions of higher education: Chapter 28B.14C RCW.
Bond issues for buildings and facilities: RCW 28B.10.300 through
28B.10.330.
Branch campuses
Southwest Washington area: RCW 28B.45.040.
Spokane area: RCW 28B.30.050.
Tri-Cities area: RCW 28B.45.030.
British Columbia—Tuition and fees—Reciprocity with Washington: RCW
28B.15.756 and 28B.15.758.
Buildings and facilities
borrowing money for: RCW 28B.10.300(4).
no state liability: RCW 28B.10.330.
rate of interest: RCW 28B.10.325.
contracts for construction and installation: RCW 28B.10.300(1).
contracts to pay as rentals the costs of acquiring: 28B.10.300(5).
lease of campus lands for: RCW 28B.10.300(3).
purchase or lease of land for: RCW 28B.10.300(2).
use of acquired: RCW 28B.10.305.
Commercial activities by institutions of higher education—Development of
policies governing: Chapter 28B.63 RCW.
County hospitals, contracts with state universities relating to medical services, teaching and research: RCW 36.62.290.
Courses, studies, and instruction
graduate work: RCW 28B.10.120.
home economics extension work: RCW 36.50.010.
major courses common to Washington State University and University of
Washington: RCW 28B.10.115.
physical education: RCW 28B.10.700.
studies on alternate agricultural practices to open burning of grasses
grown for seed—Report: RCW 70.94.656.
Development of methods and protocols for measuring educational costs—
Schedule of educational cost study reports: RCW 28B.76.310.
Eminent domain by: RCW 28B.10.020.
Entrance requirements: RCW 28B.10.050.
Eye protection, public educational institutions: RCW 70.100.010 through
70.100.040.
Faculty members and employees
annuity and retirement plans: RCW 28B.10.400 through 28B.10.423.
insurance: RCW 28B.10.660.
leaves of absence: RCW 28B.10.560.
Flag, display: RCW 28B.10.030.
Funds
agricultural permanent fund
created: RCW 43.79.130.
investment in regents’ revenue bonds: RCW 43.84.140.
[Title 28B RCW—page 106]
source: RCW 43.79.130.
Clarke-McNary fund, receipt and disbursement of authorized: RCW
43.30.360.
cooperative farm forestry fund, receipt and disbursement of authorized:
RCW 43.30.370.
scientific permanent fund
created: RCW 43.79.110.
investment in regents’ revenue bonds: RCW 43.84.140.
Washington State University fund, sources: RCW 43.79.140.
Governing body of recognized student association at college or university,
open public meetings act applicable to: RCW 42.30.200.
Home economics extension work: RCW 36.50.010.
Idaho—Tuition and fees—Reciprocity with Washington: RCW 28B.15.750
through 28B.15.754.
Insurance for officers, employees and students: RCW 28B.10.660.
Liquor revolving fund, alcoholism and drug abuse research, use for: RCW
66.08.180.
1977 Washington State University buildings and facilities financing act:
Chapter 28B.31 RCW.
Oregon—Tuition and fees—Reciprocity with Washington: RCW 28B.15.730
through 28B.15.736.
Parking facilities: RCW 28B.10.300.
Pest districts, general supervision over: RCW 17.12.060.
Police force: RCW 28B.10.550 through 28B.10.567.
Real property
acquisition of authorized: RCW 28B.10.020.
share crop leasing authorized: RCW 79.13.320.
state lands, included in definition: RCW 79.02.010.
Scientific school grant: RCW 43.79.100.
Stadium approach highway authorized
acquisition of property for: RCW 47.20.600.
condemnation for: RCW 47.20.610.
measure of damage to buildings: RCW 47.20.620.
sale of buildings and personalty acquired in acquisition of land: RCW
47.20.630.
use declared public use: RCW 47.20.605.
State building authority, projects approved: Chapter 43.75 RCW.
State College of Washington building account, name changed to Washington
State University building account: RCW 43.79.335.
Students
insurance: RCW 28B.10.660.
loan fund for national defense education act: RCW 28B.10.280.
Teachers
training courses: RCW 28B.10.140.
use of district schools for training: RCW 28B.10.600 through 28B.10.605.
Traffic regulations, penalty for violations: RCW 28B.10.560.
28B.30.010 Designation. The state university located
and established in Pullman, Whitman county, shall be designated Washington State University. [1969 ex.s. c 223 §
28B.30.010. Prior: 1959 c 77 § 1; 1905 c 53 § 1; 1891 c 145
§ 1; RRS § 4567. Formerly RCW 28.80.010.]
28B.30.010
28B.30.015 Purpose. The aim and the purpose of
Washington State University shall be to provide a higher education in such fields as may be established therein from time
to time by the board of regents or by law, including instruction in agriculture or other industrial pursuits, mechanical arts
and the natural sciences. [1969 ex.s. c 223 § 28B.30.015.
Prior: 1909 c 97 p 243 § 1, part; RRS § 4568, part; prior:
1897 c 118 § 190, part; 1891 c 145 § 1, part. Formerly RCW
28.80.015; 28.76.040, part and 28.76.050, part.]
28B.30.015
28B.30.050 Collaboration with Eastern Washington
University and local community colleges. Washington
28B.30.050
(2008 Ed.)
Washington State University
State University and Eastern Washington University shall
collaborate with one another and with local community colleges in providing educational pathways and programs to the
citizens of the Spokane area. [2004 c 57 § 3; 1991 c 205 § 11;
1989 1st ex.s. c 7 § 6. Formerly RCW 28B.45.050.]
28B.30.054 Credits—Statewide transfer policy and
agreement—Establishment. See RCW 28B.76.240 and
28B.76.2401.
28B.30.054
28B.30.055 "Major line" defined.
28B.10.100.
28B.30.055
See RCW
28B.30.057 Major lines common to University of
Washington and Washington State University. See RCW
28B.10.115.
28B.30.057
28B.30.060 Courses exclusive to Washington State
University. The courses of instruction of Washington State
University shall embrace as exclusive major lines, agriculture
in all its branches and subdivisions, veterinary medicine, and
economic science in its application to agriculture and rural
life. [1969 ex.s. c 223 § 28B.30.060. Prior: 1917 c 10 § 3;
RRS § 4534. Formerly RCW 28.80.025; 28.76.070, part.]
28B.30.060
28B.30.065 Exclusive instruction in agriculture.
Work and instruction in agriculture in all its branches and
subdivisions shall be offered and taught in Washington State
University exclusively. [1969 ex.s. c 223 § 28B.30.065.
Prior: 1917 c 10 § 6; RRS § 4537. Formerly RCW 28.80.026;
28.76.070, part.]
28B.30.065
28B.30.067 Wine grape industry, instruction relating
to—Purpose. Marked increases in state and national consumption make it evident that our developing wine grape
industry has a bright future. To help assure its success the legislature concludes that Washington State University should
provide a sound research, extension, and resident instruction
base for both wine grape production and the processing
aspects of the wine industry. [1981 1st ex.s. c 5 § 5.]
28B.30.067
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Liquor revolving fund—Distribution—Reserve for administration—Disbursement to universities and department of social and health services:
RCW 66.08.180.
28B.30.068 Wine grape industry, instruction relating
to—Administration. Revenues received from RCW
66.08.180 for wine and wine grape research, extension programs related to wine and wine grape research, and resident
instruction in both wine grape production and the processing
aspects of the wine industry by Washington State University
shall be administered by the College of Agriculture. When
formulating or changing plans for programs and research, the
College of Agriculture shall confer with representatives of
the Washington Wine Society. [1981 1st ex.s. c 5 § 7.]
28B.30.068
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Liquor revolving fund—Distribution—Reserve for administration—Disbursement to universities and department of social and health services:
RCW 66.08.180.
(2008 Ed.)
28B.30.075 University fees.
RCW.
28B.30.075
28B.30.100
See chapter 28B.15
28B.30.095 Management. The management of Washington State University and its experiment stations, the care
and preservation of all property of which the institution shall
become possessed, the erection and construction of all buildings necessary for the use of said university and stations, and
the disbursement and expenditure of all money provided for
said university, shall be vested in the board of regents, constituted as provided in RCW 28B.30.100; said regents and their
successors in office shall have the right to cause all things to
be done necessary to carry out the provisions of this chapter
or as otherwise provided by law. [1969 ex.s. c 223 §
28B.30.095. Prior: 1949 c 115 § 1, part; 1909 c 97 p 245 § 5,
part; Rem. Supp. 1949 § 4576, part; prior: 1897 c 118 § 194,
part; 1891 c 145 § 4, part. Formerly RCW 28.80.070, part,
28.80.080, part and 28.80.130, part.]
28B.30.095
28B.30.100 Regents—Appointment—Terms—
Vacancies—Quorum—Bond. (1) The governance of
Washington State University shall be vested in a board of
regents to consist of ten members one of whom shall be a student. The governor shall select the student member from a
list of candidates, of at least three and not more than five, submitted by the governing body of the associated students.
They shall be appointed by the governor, by and with the consent of the senate and, except for the student member, shall
hold their offices for a term of six years from the first day of
October and until their successors are appointed and qualified. The student member shall hold his or her office for a
term of one year from the first day of July until the first day
of July of the following year or until his or her successor is
appointed and qualified, whichever is later. The student
member shall be a full-time student in good standing at the
university at the time of appointment.
(2) Six members of said board shall constitute a quorum
for the transaction of business. In the case of a vacancy or
when an appointment is made after the date of the expiration
of a term, the governor shall fill the vacancy for the remainder of the term of the regent whose office has become vacant
or expired.
(3) Except for the term of the student member, no more
than the terms of two members will expire simultaneously on
the last day of September in any one year.
(4) Each regent shall, before entering upon the discharge
of his respective duties as such, execute a good and sufficient
bond to the state of Washington, with two or more sufficient
sureties, residents of the state, or with a surety company
licensed to do business within the state, in the penal sum of
not less than five thousand dollars, conditioned for the faithful performance of his duties as such regent: PROVIDED,
That the university shall pay any fees incurred for any such
bonds for their board members.
(5) A student appointed under this section shall excuse
himself or herself from participation or voting on matters
relating to the hiring, discipline, or tenure of faculty members
and personnel. [2006 c 78 § 2; 1998 c 95 § 2; 1985 c 61 § 2;
1979 ex.s. c 103 § 3; 1973 c 62 § 10; 1969 ex.s. c 223 §
28B.30.100. Prior: 1949 c 115 § 1, part; 1909 c 97 p 245 §
5, part; Rem. Supp. 1949 § 4576, part; prior: 1897 c 118 §
28B.30.100
[Title 28B RCW—page 107]
28B.30.115
Title 28B RCW: Higher Education
194, part; 1891 c 145 § 4, part. Formerly RCW 28.80.070,
part, 28.80.080, part and 28.80.130, part.]
Present terms not affected—Severability—1979 ex.s. c 103: See
notes following RCW 28B.20.100.
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
28B.30.115 Regents—Oaths.
28B.30.115
See RCW 28B.10.520.
28B.30.116 Regents—Expenses.
28B.10.525.
28B.30.116
See RCW
28B.30.117 Regents—Attorney general as advisor.
See RCW 28B.10.510.
28B.30.117
28B.30.120 Regents—Meetings—Vacancy not to
affect rights of remaining members. Meetings of the board
of regents may be called in such manner as the board may
prescribe, and a full meeting of the board shall be called at
least once a year. No vacancy in said board shall impair the
rights of the remaining members of the board. [1979 ex.s. c
103 § 6; 1969 ex.s. c 223 § 28B.30.120. Prior: 1909 c 97 p
248 § 12; RRS § 4592; prior: 1897 c 118 § 201; 1891 c 145
§ 12. Formerly RCW 28.80.100.]
28B.30.120
Present terms not affected—Severability—1979 ex.s. c 103: See
notes following RCW 28B.20.100.
28B.30.125 Regents—Board organization—President—President’s duties—Bylaws, laws. The board of
regents shall meet and organize by the election of a president
from their own number on or as soon as practicable after the
first Wednesday in April of each year.
The board president shall be the chief executive officer
of the board and shall preside at all meetings thereof, except
that in his absence the board may appoint a chairman pro
tempore. The board president shall sign all instruments
required to be executed by said board other than those for the
disbursement of funds.
The board may adopt bylaws for its own organizational
purposes and enact laws for the government of the university
and its properties. [1969 ex.s. c 223 § 28B.30.125. Prior: (i)
1955 c 346 § 1, part; 1909 c 97 p 246 § 6, part; RRS § 4577,
part. Formerly RCW 28.80.110, part. (ii) 1909 c 97 p 247 § 7,
part; RRS § 4578, part; prior: 1897 c 118 § 196, part; 1891 c
145 § 7, part. Formerly RCW 28.80.120, part. (iii) 1909 c 97
p 249 § 16, part; RRS § 4596, part; prior: 1897 c 118 § 205,
part; 1891 c 145 § 19, part. Formerly RCW 28.80.160, part.]
28B.30.125
28B.30.130 Regents—Treasurer of board—Bond—
Disbursement of funds by. The board of regents shall
appoint a treasurer who shall be the financial officer of the
board and who shall hold office during the pleasure of the
board. The treasurer shall render a true and faithful account
of all moneys received and paid out by him, and shall give
bond for the faithful performance of the duties of his office in
such amount as the regents require: PROVIDED, That the
university shall pay the fee for such bond.
The treasurer shall make disbursements of the funds in
his hands on the order of the board, which order shall be
countersigned by the secretary of the board, and shall state on
28B.30.130
[Title 28B RCW—page 108]
what account the disbursement is made. [1969 ex.s. c 223 §
28B.30.130. Prior: (i) 1955 c 346 § 1, part; 1909 c 97 p 246
§ 6, part; RRS § 4577, part. Formerly RCW 28.80.110, part.
(ii) 1909 c 97 p 246 § 7, part; RRS § 4578, part; prior: 1897
c 118 § 196, part; 1891 c 145 § 7, part. Formerly RCW
28.80.120, part. (iii) 1909 c 97 p 249 § 16, part; RRS § 4596,
part; prior: 1897 c 118 § 205, part; 1891 c 145 § 19, part. Formerly RCW 28.80.160, part.]
28B.30.135 Regents—University president as secretary of board—Duties—Bond. The president of the university shall be secretary of the board of regents but he shall not
have the right to vote; as such he shall be the recording officer
of said board, shall attest all instruments required to be signed
by the board president, shall keep a true record of all the proceedings of the board, and shall perform all the duties pertaining to the office and do all other things required of him by
the board. The secretary shall give a bond in the penal sum of
not less than five thousand dollars conditioned for the faithful
performance of his duties as such officer: PROVIDED, That
the university shall pay the fee for such bond. [1969 ex.s. c
223 § 28B.30.135. Prior: (i) 1955 c 346 § 1, part; 1909 c 97
p 246 § 6, part; RRS § 4577, part. Formerly RCW 28.80.110,
part. (ii) 1909 c 97 p 247 § 7, part; RRS § 4578, part; prior:
1897 c 118 § 196, part; 1891 c 145 § 7, part. Formerly RCW
28.80.120, part.]
28B.30.135
28B.30.140 Regents—Employees, board members, to
have no interest in contracts. No employee or member of
the university board of regents shall be interested pecuniarily,
either directly or indirectly, in any contract for any building
or improvement at said university, or for the furnishing of
supplies for the same. [1969 ex.s. c 223 § 28B.30.140. Prior:
1909 c 97 p 249 § 17; RRS § 4597; prior: 1897 c 118 § 206;
1891 c 145 § 21. Formerly RCW 28.80.170.]
28B.30.140
Code of ethics, interest in contract, public officers and employees: Chapters
42.23, 42.52 RCW.
28B.30.150 Regents—General powers and duties.
The regents of Washington State University, in addition to
other duties prescribed by law, shall:
(1) Have full control of the university and its property of
various kinds, except as otherwise provided by law.
(2) Employ the president of the university, his or her
assistants, members of the faculty, and employees of the university, who, except as otherwise provided by law, shall hold
their positions during the pleasure of said board of regents.
(3) Establish entrance requirements for students seeking
admission to the university which meet or exceed the standards specified under RCW 28B.76.290(2). Completion of
examinations satisfactory to the university may be a prerequisite for entrance by any applicant, at the university’s discretion. Evidence of completion of public high schools and
other educational institutions whose courses of study meet
the approval of the university may be acceptable for entrance.
(4) Establish such colleges, schools, or departments necessary to carry out the purpose of the university and not otherwise proscribed by law.
(5) Subject to the approval of the higher education coordinating board pursuant to RCW 28B.76.230, offer new
28B.30.150
(2008 Ed.)
Washington State University
degree programs, offer off-campus programs, participate in
consortia or centers, contract for off-campus educational programs, and purchase or lease major off-campus facilities.
(6) With the assistance of the faculty of the university,
prescribe the courses of instruction in the various colleges,
schools, and departments of the institution and publish the
necessary catalogues thereof.
(7) Collect such information as the board deems desirable as to the schemes of technical instruction adopted in
other parts of the United States and foreign countries.
(8) Provide for holding agricultural institutes including
farm marketing forums.
(9) Provide that instruction given in the university, as far
as practicable, be conveyed by means of laboratory work and
provide in connection with the university one or more physical, chemical, and biological laboratories, and suitably furnish and equip the same.
(10) Provide training in military tactics for those students
electing to participate therein.
(11) Establish a department of elementary science and in
connection therewith provide instruction in elementary mathematics, including elementary trigonometry, elementary
mechanics, elementary and mechanical drawing, and land
surveying.
(12) Establish a department of agriculture and in connection therewith provide instruction in physics with special
application of its principles to agriculture, chemistry with
special application of its principles to agriculture, morphology and physiology of plants with special reference to common grown crops and fungus enemies, morphology and physiology of the lower forms of animal life, with special reference to insect pests, morphology and physiology of the
higher forms of animal life and in particular of the horse,
cow, sheep, and swine, agriculture with special reference to
the breeding and feeding of livestock and the best mode of
cultivation of farm produce, and mining and metallurgy,
appointing demonstrators in each of these subjects to superintend the equipment of a laboratory and to give practical
instruction therein.
(13) Establish agricultural experiment stations in connection with the department of agriculture, including at least
one in the western portion of the state, and appoint the officers and prescribe regulations for their management.
(14) Grant to students such certificates or degrees, as recommended for such students by the faculty.
(15) Confer honorary degrees upon persons other than
graduates of the university in recognition of their learning or
devotion to literature, art, or science when recommended
thereto by the faculty: PROVIDED, That no degree shall
ever be conferred in consideration of the payment of money
or the giving of property of whatsoever kind.
(16) Adopt plans and specifications for university buildings and facilities or improvements thereto and employ
skilled architects and engineers to prepare such plans and
specifications and supervise the construction of buildings or
facilities which the board is authorized to erect, and fix the
compensation for such services. The board shall enter into
contracts with one or more contractors for such suitable
buildings, facilities, or improvements as the available funds
will warrant, upon the most advantageous terms offered at a
public competitive letting, pursuant to public notice under
(2008 Ed.)
28B.30.150
rules established by the board. The board shall require of all
persons with whom they contract for construction and
improvements a good and sufficient bond for the faithful performance of the work and full protection against all liens.
(17) Except as otherwise provided by law, direct the disposition of all money appropriated to or belonging to the state
university.
(18) Receive and expend the money appropriated under
the act of congress approved May 8, 1914, entitled "An Act to
provide for cooperative agricultural extension work between
the agricultural colleges in the several States receiving the
benefits of the Act of Congress approved July 2, 1862, and
Acts supplemental thereto and the United States Department
of Agriculture" and organize and conduct agricultural extension work in connection with the state university in accordance with the terms and conditions expressed in the acts of
congress.
(19) Except as otherwise provided by law, to enter into
such contracts as the regents deem essential to university purposes.
(20) Acquire by lease, gift, or otherwise, lands necessary
to further the work of the university or for experimental or
demonstrational purposes.
(21) Establish and maintain at least one agricultural
experiment station in an irrigation district to conduct investigational work upon the principles and practices of irrigational
agriculture including the utilization of water and its relation
to soil types, crops, climatic conditions, ditch and drain construction, fertility investigations, plant disease, insect pests,
marketing, farm management, utilization of fruit byproducts,
and general development of agriculture under irrigation conditions.
(22) Supervise and control the agricultural experiment
station at Puyallup.
(23) Establish and maintain at Wenatchee an agricultural
experiment substation for the purpose of conducting investigational work upon the principles and practices of orchard
culture, spraying, fertilization, pollenization, new fruit varieties, fruit diseases and pests, byproducts, marketing, management, and general horticultural problems.
(24) Accept such gifts, grants, conveyances, devises, and
bequests, whether real or personal property, in trust or otherwise, for the use or benefit of the university, its colleges,
schools, or departments; and sell, lease or exchange, invest or
expend the same or the proceeds, rents, profits, and income
thereof except as limited by the terms of said gifts, grants,
conveyances, bequests, and devises; and adopt proper rules to
govern and protect the receipt and expenditure of the proceeds of all fees, and the proceeds, rents, profits, and income
of all gifts, grants, conveyances, bequests, and devises.
(25) Construct when the board so determines a new
foundry and a mining, physical, technological building, and
fabrication shop at the university, or add to the present
foundry and other buildings, in order that both instruction and
research be expanded to include permanent molding and die
casting with a section for new fabricating techniques, especially for light metals, including magnesium and aluminum;
purchase equipment for the shops and laboratories in
mechanical, electrical, and civil engineering; establish a pilot
plant for the extraction of alumina from native clays and
other possible light metal research; purchase equipment for a
[Title 28B RCW—page 109]
28B.30.200
Title 28B RCW: Higher Education
research laboratory for technological research generally; and
purchase equipment for research in electronics, instrumentation, energy sources, plastics, food technology, mechanics of
materials, hydraulics, and similar fields.
(26) Make and transmit to the governor and members of
the legislature upon request such reports as will be helpful in
providing for the institution. [2004 c 275 § 53; 1998 c 245 §
19; 1985 c 370 § 93; 1977 c 75 § 21; 1973 1st ex.s. c 154 §
47; 1969 ex.s. c 223 § 28B.30.150. Prior: (a) 1953 c 101 § 1,
amending (i) 1909 c 97 p 244 § 4; 1897 c 118 § 193; 1890 p
263 § 8; RRS § 4575. (ii) 1949 c 115 § 1, part; 1909 c 97 p
245 § 5, part; 1897 c 118 § 194; 1891 c 145 § 4; Rem. Supp.
1949 § 4576, part. (iii) 1909 c 97 p 249 § 19; 1897 c 118 §
208; 1895 c 146 § 1; RRS § 4599. (iv) 1909 c 97 p 247 § 8;
1897 c 118 § 197; 1891 c 145 § 8; RRS § 4579. (v) 1909 c 97
p 247 § 9; 1897 c 118 § 198; 1891 c 145 § 9; RRS § 4580.
(vi) 1915 c 125 § 1; RRS § 4583. (vii) 1909 c 97 p 250 § 20;
1897 c 118 § 209; 1891 c 145 § 17; RRS § 4600. (viii) 1909
c 97 p 250 § 21; 1897 c 118 § 210; 1891 c 145 § 18; RRS §
4601. (ix) 1909 c 228 § 1; RRS § 4588. (x) 1917 c 101 § 1;
RRS § 4589. (xi) 1917 c 101 § 2; RRS § 4590. (xii) 1909 c
97 p 249 § 15; 1897 c 118 § 204; 1891 c 145 § 16; RRS §
4595. (xiii) 1909 c 97 p 244 § 3, part; 1897 c 118 § 192; 1891
c 145 § 3; RRS § 4574, part. (xiv) 1899 c 107 § 1; RRS §
4603. (xv) 1899 c 82 § 1; RRS § 4587. (xvi) 1937 c 25 § 1;
RRS § 4579-1. (xvii) 1937 c 25 § 2; RRS § 4579-2. Formerly RCW 28.80.130. (b) 1961 c 25 § 1. Formerly RCW
28.80.135.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
28B.30.200 Morrill act funds allotted to university.
All funds granted by the United States government under the
Morrill act, passed by congress and approved July 2, 1892
[1862], together with all acts amendatory thereof and supplementary thereto, for the support and in aid of colleges of agriculture and mechanic arts, as well as experiment stations and
farms and extension work in agriculture and home economics
in connection with colleges of agriculture and mechanic arts
are hereby allotted to Washington State University. [1969
ex.s. c 223 § 28B.30.200. Prior: 1917 c 11 § 2; RRS § 4584.
Formerly RCW 28.80.180.]
28B.30.200
28B.30.210 Acceptance of federal aid—1907 c 198—
Assent. The state of Washington hereby assents to the purposes, terms, provisions and conditions of the grant of money
provided in an act of congress approved March 16, 1906, said
act being entitled "An Act to provide for an increased annual
appropriation for agricultural experiment stations and regulating the expenditure thereof," and having for its purpose the
more complete endowment and maintenance of agricultural
experiment stations theretofore or thereafter established
under an act of congress approved March 2, 1887. [1969
ex.s. c 223 § 28B.30.210. Prior: 1907 c 198 § 1; RRS § 4585.
Formerly RCW 28.80.190.]
28B.30.210
28B.30.215 Acceptance of certain federal aid. Said
annual sum appropriated and granted to the state of Washington in pursuance of said act of congress approved March 16,
28B.30.215
[Title 28B RCW—page 110]
1906, shall be paid as therein provided to the treasurer or
other officer duly appointed by the board of regents of Washington State University at Pullman, Washington; and the
board of regents of such university are hereby required to
report thereon as the secretary of agriculture may prescribe.
[1977 c 75 § 22; 1969 ex.s. c 223 § 28B.30.215. Prior: 1907
c 198 § 2; RRS § 4586. Formerly RCW 28.80.200.]
28B.30.220 Acceptance of federal aid—1925 ex.s. c
182. The assent of the legislature of the state of Washington
to the provisions of the act of congress approved February 24,
1925, entitled "An Act to authorize the more complete
endowment of agricultural experiment stations and for other
purposes," is hereby given. [1969 ex.s. c 223 § 28B.30.220.
Prior: 1925 ex.s. c 182 § 1. Formerly RCW 28.80.205;
28.80.190, part.]
28B.30.220
28B.30.250 University designated as recipient of all
federal aid to agricultural experiment stations. The agricultural experiment stations in connection with Washington
State University shall be under the direction of said board of
regents of said university for the purpose of conducting
experiments in agriculture according to the terms of section
one of an act of congress approved March 2, 1887, and entitled "An Act to establish agricultural experiment stations in
connection with the colleges established in the several states,
under the provisions of an act approved July 2, 1862, and of
the acts supplementary thereto." The said university and
experiment stations shall be entitled to receive all the benefits
and donations made and given to similar institutions of learning in other states and territories of the United States by the
legislation of the congress of the United States now in force,
or that may be enacted, and particularly to the benefits and
donations given by the provisions of an act of congress entitled "An Act donating public lands to the several states and
territories which may provide colleges for the benefit of agricultural and mechanic arts," approved July 2, 1862, and all
acts supplementary thereto, including the acts entitled "An
Act to establish agricultural experiment stations in connection with colleges established in the several states under the
provisions of an act approved July 2, 1862, and of the acts
supplementary thereto," which said last entitled act was
approved March 2, 1887; also, "An Act to apply a portion of
the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture
and the mechanic arts, established under the provisions of an
act of congress approved July 2, 1862," which said last mentioned act was approved August 30, 1890. [1969 ex.s. c 223
§ 28B.30.250. Prior: 1909 c 97 p 247 § 10; RRS § 4581;
prior: 1897 c 118 § 199; 1891 c 145 § 10. Formerly RCW
28.80.210.]
28B.30.250
28B.30.255 University designated as recipient of all
federal aid to agricultural experiment stations—Assent to
congressional grants to university. The assent of the legislature of the state of Washington is hereby given, in pursuance of the requirements of section nine of said act of congress, approved March 2, 1887, to the granting of money
therein made to the establishment of experiment stations in
accordance with section one of said last mentioned act, and
28B.30.255
(2008 Ed.)
Washington State University
assent is hereby given to carry out, within the state of Washington, every provision of said act. [1969 ex.s. c 223 §
28B.30.255. Prior: 1909 c 97 p 248 § 11; RRS § 4582; prior:
1897 c 118 § 200; 1891 c 145 § 11. Formerly RCW
28.80.220.]
28B.30.270 State treasurer receiving agent of certain
federal aid—Acts enumerated. The state treasurer is designated as agent of the state of Washington to receive all federal appropriations for the land grant colleges in accordance
with the following federal acts:
(1) Second Morrill act, approved August 30, 1890 (26
Stat. L. 417).
(2) Nelson amendment to the Morrill act making appropriations for the department of agriculture for the fiscal year
ending June 30, 1908, approved March 4, 1907 (34 Stat. L.
1281).
(3) Title II, section 22 of the Bankhead-Jones act,
approved June 29, 1935 (49 Stat. L. 436).
(4) Any subsequent federal act appropriating funds to the
state of Washington or to Washington State University for a
similar or related purpose. [1969 ex.s. c 223 § 28B.30.270.
Prior: 1955 c 66 § 1. Formerly RCW 28.80.221.]
28B.30.270
28B.30.275 State treasurer receiving agent of certain
federal aid—Morrill Fund. Upon receipt of the federal
grant pursuant to federal statutes, the treasurer shall deposit
the same in a special trust fund to be designated "Morrill
Fund" which is hereby created for the use of the designated
land grant college in the teaching of agriculture and mechanic
art. [1969 ex.s. c 223 § 28B.30.275. Prior: 1955 c 66 § 2.
Formerly RCW 28.80.222.]
28B.30.275
28B.30.280 State treasurer receiving agent of certain
federal aid—Withdrawals. The board of regents of Washington State University may authorize the treasurer or comptroller of Washington State University to withdraw such federal grants for the use of the university for the purposes of
such grant and in accordance with state law. [1969 ex.s. c
223 § 28B.30.280. Prior: 1955 c 66 § 3. Formerly RCW
28.80.223.]
28B.30.280
28B.30.285 State treasurer receiving agent of certain
federal aid—Trust funds not subject to appropriation.
All federal grants received by the state treasurer pursuant to
RCW 28B.30.270 shall be deemed trust funds under the control of the state treasurer and not subject to appropriation by
the legislature. [1969 ex.s. c 223 § 28B.30.285. Prior: 1955
c 66 § 4. Formerly RCW 28.80.224.]
28B.30.285
28B.30.300 State treasurer to report annually on university assets held in trust. It shall be the duty of the state
treasurer to make a report to the board of regents of Washington State University on or as soon as practicable after the
close of each fiscal year, which shall contain a complete
detailed statement as to the status of any university assets
held in trust by the treasurer and the annual income therefrom. [1977 c 75 § 23; 1969 ex.s. c 223 § 28B.30.300. Prior:
1899 c 9 § 2; RRS § 7850. Formerly RCW 28.80.230.]
28B.30.300
College funds: RCW 43.79.100 through 43.79.140.
(2008 Ed.)
28B.30.355
28B.30.310 Department of natural resources to
report annually on university trust lands transactions. It
shall be the duty of the department of natural resources to
make a report to the board of regents of Washington State
University on or as soon as practicable after the close of each
fiscal year, which shall contain a complete detailed statement
of the current status of trust land sale contracts and income
for the university from trust lands managed by the department. [1988 c 128 § 6; 1977 c 75 § 24; 1969 ex.s. c 223 §
28B.30.310. Prior: 1899 c 9 § 1; RRS § 7849. Formerly
RCW 28.80.240.]
28B.30.310
28B.30.325 Lease of lands with outdoor recreation
potential—Restrictions—Unlawful to use posted lands.
(1) Any lease of public lands with outdoor recreation potential authorized by the regents of Washington State University
shall be open and available to the public for compatible recreational use unless the regents of Washington State University determine that the leased land should be closed in order
to prevent damage to crops or other land cover, to improvements on the land, to the lessee, or to the general public or is
necessary to avoid undue interference with carrying forward
a university program. Any lessee may file an application with
the regents of Washington State University to close the
leased land to any public use. The regents shall cause written
notice of the impending closure to be posted in a conspicuous
place in the university’s business office, and in the office of
the county auditor in which the land is located thirty days
prior to the public hearing. This notice shall state the parcel or
parcels involved and shall indicate the time and place of the
public hearing. Upon a determination by the regents that
posting is not necessary, the lessee shall desist from posting.
Upon a determination by the regents that posting is necessary, the lessee shall post his leased premises so as to prohibit
recreational uses thereon. In the event any such lands are so
posted, it shall be unlawful for any person to hunt or fish, or
for any person other than the lessee or his immediate family
to use such posted land for recreational purposes.
(2) The regents of Washington State University may
insert the provisions of subsection (1) of this section in all
leases hereafter issued. [1969 ex.s. c 46 § 4. Formerly RCW
28.80.246.]
28B.30.325
28B.30.350 Medical, health and hospital service—
Authorized. The board of regents of Washington State University is hereby granted authority to enter into such contracts, leases, or agreements as may be necessary to provide
adequate medical, health, and hospital service for students of
Washington State University and the people of the surrounding community and to provide adequate practice facilities for
students enrolled in nursing courses. [1969 ex.s. c 223 §
28B.30.350. Prior: 1947 c 95 § 1; Rem. Supp. 1947 § 460320. Formerly RCW 28.80.250.]
28B.30.350
28B.30.355 Medical, health and hospital service—
Leases, contracts and agreements. The board of regents
may lease lands, buildings, or other facilities from or to nonprofit corporations or associations, and may enter into such
contracts and agreements with such units, agencies, corporations, or associations as will promote the intents and purposes
of RCW 28B.30.350. [1969 ex.s. c 223 § 28B.30.355. Prior:
28B.30.355
[Title 28B RCW—page 111]
28B.30.499
Title 28B RCW: Higher Education
1947 c 95 § 2; Rem. Supp. 1947 § 4603-21. Formerly RCW
28.80.260.]
28B.30.499 High-technology education and training.
See chapter 28B.65 RCW.
affected, and such finding or determination shall not affect
the operation of the remainder of RCW 28B.30.530 in its
application to the agencies concerned. [1984 c 77 § 2.]
28B.30.499
28B.30.500 Masters and doctorate level degrees in
technology authorized—Review by higher education
coordinating board. The board of regents of Washington
State University may offer masters level and doctorate level
degrees in technology subject to review and approval by the
higher education coordinating board. [1985 c 370 § 83; 1983
1st ex.s. c 72 § 12.]
28B.30.500
Effective date—Short title—1983 1st ex.s. c 72: See RCW
28B.65.905 and 28B.65.900.
28B.30.520 Statewide off-campus telecommunications system—Authorized—Purpose, education in hightechnology fields—Availability of facilities. The board of
regents of Washington State University is hereby authorized
to establish a statewide off-campus telecommunications system to provide for graduate and continuing education in hightechnology fields to citizens of the state of Washington. The
statewide telecommunications system shall be administered
by Washington State University with the advice of the hightechnology coordinating board. Washington State University
shall make the facilities of the statewide telecommunications
system available to other institutions of higher education
when specific program needs so require. [1983 1st ex.s. c 72
§ 14.]
28B.30.520
Effective date—Short title—1983 1st ex.s. c 72: See RCW
28B.65.905 and 28B.65.900.
28B.30.530 Small business development center—
Services—Use of funds. (1) The board of regents of Washington State University shall establish the Washington State
University small business development center.
(2) The center shall provide management and technical
assistance including but not limited to training, counseling,
and research services to small businesses throughout the
state. The center shall work with public and private community development and economic assistance agencies and shall
work towards the goal of coordinating activities with such
agencies to avoid duplication of services.
(3) The administrator of the center may contract with
other public or private entities for the provision of specialized
services.
(4) The small business and development center may
accept and disburse federal grants or federal matching funds
or other funds or donations from any source when made,
granted, or donated to carry out the center’s purposes. [1984
c 77 § 1.]
28B.30.530
28B.30.533 Construction of RCW 28B.30.530—Conflict with federal requirements. If any part of RCW
28B.30.530 is found to be in conflict with federal requirements which are a prescribed condition to the allocation of
federal funds to the state, the conflicting part of RCW
28B.30.530 is hereby declared to be inoperative solely to the
extent of the conflict and with respect to the agencies directly
28B.30.533
[Title 28B RCW—page 112]
28B.30.535 International marketing program for
agricultural commodities and trade (IMPACT) center
created—Primary functions. There is created an international marketing program for agricultural commodities and
trade (IMPACT) center at Washington State University.
In carrying out each of its responsibilities under RCW
28B.30.537, the primary functions of the center shall be:
Providing practical solutions to marketing-related problems;
and developing and disseminating information which is
directly applicable to the marketing of agricultural commodities and goods from this state in foreign countries or to introducing the production of commodities and goods in this state
for marketing in foreign countries. [1985 c 39 § 1; 1984 c 57
§ 1.]
28B.30.535
Effective date—1985 c 39: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 30,
1985." [1985 c 39 § 10.]
28B.30.537 IMPACT center—Duties. The IMPACT
center shall:
(1) Coordinate the teaching, research, and extension
expertise of the college of agriculture and home economics at
Washington State University to assist in:
(a) The design and development of information and strategies to expand the long-term international markets for
Washington agricultural products; and
(b) The dissemination of such information and strategies
to Washington exporters, overseas users, and public and private trade organizations;
(2) Research and identify current impediments to
increased exports of Washington agricultural products, and
determine methods of surmounting those impediments and
opportunities for exporting new agricultural products and
commodities to foreign markets;
(3) Prepare curricula to present and distribute information concerning international trade in agricultural commodities and products to students, exporters, international traders,
and the public;
(4) Provide high-quality research and graduate education
and professional nondegree training in international trade in
agricultural commodities in cooperation with other existing
programs;
(5) Ensure that activities of the center adequately reflect
the objectives for the state’s agricultural market development
programs established by the department of agriculture as the
lead state agency for such programs under chapter 43.23
RCW; and
(6) Link itself through cooperative agreements with the
center for international trade in forest products at the University of Washington, the state department of agriculture, the
department of community, trade, and economic development,
Washington’s agriculture businesses and associations, and
other state agency data collection, processing, and dissemination efforts. [1998 c 245 § 20; 1995 c 399 § 28. Prior: 1987
c 505 § 14; 1987 c 195 § 3; 1985 c 39 § 2; 1984 c 57 § 2.]
28B.30.537
Effective date—1985 c 39: See note following RCW 28B.30.535.
(2008 Ed.)
Washington State University
28B.30.539 IMPACT center—Director. The
IMPACT center shall be administered by a director appointed
by the dean of the college of agriculture and home economics
of Washington State University. [1985 c 39 § 3; 1984 c 57 §
3.]
28B.30.539
Effective date—1985 c 39: See note following RCW 28B.30.535.
28B.30.541 IMPACT center—Use of research and
services—Fees. The governor, the legislature, state agencies, and the public may use the IMPACT center’s trade policy research and advisory services as may be needed. The
IMPACT center shall establish a schedule of fees for actual
services rendered. [1985 c 39 § 4; 1984 c 57 § 6.]
28B.30.541
Effective date—1985 c 39: See note following RCW 28B.30.535.
28B.30.543 IMPACT center—Contributions and
support. The IMPACT center shall aggressively solicit
financial contributions and support from nonstate sources,
including the agricultural industries and producer organizations and individuals, to help fund its research and education
programs, and shall use previously appropriated funds of
Washington State University and existing resources as much
as is possible to further the center’s activities. [1985 c 39 § 5;
1984 c 57 § 7.]
28B.30.543
Effective date—1985 c 39: See note following RCW 28B.30.535.
28B.30.600 Tree fruit research center facility, financing—Bonds, authorization conditional—Amount—Discharge. For the purpose of funding and providing the planning, construction, furnishing and equipping, together with
all improvements thereon, of an office-laboratory facility at
Washington State University Tree Fruit Research Center, the
state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of one million nine hundred fifty thousand dollars, or so much thereof
as may be required, to finance the project defined in RCW
28B.30.600 through 28B.30.619 as now or hereafter
amended and all costs incidental thereto, but only if the state
finance committee determines that the interest on the bonds
will be exempt from federal income tax. Such bonds shall be
paid and discharged within thirty years of the date of issuance
in accordance with Article VIII, section 1 of the state Constitution. [1977 c 32 § 1; 1975 1st ex.s. c 109 § 1; 1974 ex.s. c
109 § 1.]
28B.30.600
Severability—1975 1st ex.s. c 109: "If any provision of this 1975
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975 1st ex.s. c 109 § 7.]
Severability—1974 ex.s. c 109: "If any provision of this 1974 act, or
its application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1974 ex.s. c 109 § 14.]
28B.30.608
None of the bonds herein authorized shall be sold for less
than the par value thereof.
The committee may provide that the bonds, or any of
them, may be called prior to the maturity date thereof under
such terms, conditions, and provisions as it may determine
and may authorize the use of facsimile signatures in the issuance of such bonds and notes, if any. Such bonds shall be
payable at such places as the committee may provide. [1974
ex.s. c 109 § 2.]
Severability—1974 ex.s. c 109: See note following RCW 28B.30.600.
28B.30.604 Tree fruit research center facility, financing—Anticipation notes authorized—Use of proceeds. At
the time the state finance committee determines to issue such
bonds or a portion thereof, it may, pending the issuance of
such bonds, issue, in the name of the state, temporary notes in
anticipation of the money to be derived from the sale of the
bonds, which notes shall be designated as "anticipation
notes". The proceeds from the sale of bonds and notes authorized by RCW 28B.30.600 through 28B.30.619 shall be used
exclusively for the purposes specified in RCW 28B.30.600
through 28B.30.619 and for the payment of expenses
incurred in the issuance and sale of bonds: PROVIDED,
That such portion of the proceeds of the sale of such bonds as
may be required for the payment of the principal and interest
on such anticipation notes as have been issued, shall be
deposited in the bond redemption fund created in RCW
28B.30.610. [1980 c 32 § 5; 1975 1st ex.s. c 109 § 2; 1974
ex.s. c 109 § 3.]
28B.30.604
Severability—1975 1st ex.s. c 109: See note following RCW
28B.30.600.
Severability—1974 ex.s. c 109: See note following RCW 28B.30.600.
28B.30.606 Tree fruit research center facility, financing—Administration of proceeds from sale of bonds or
notes—Investment of surplus funds. The principal proceeds from the sale of the bonds or notes deposited in the
office-laboratory construction account of the general fund
shall be administered by Washington State University.
Whenever there is a surplus of funds available in the officelaboratory construction account of the general fund to meet
current expenditures payable therefrom, the state finance
committee may invest such portion of said funds as the university deems appropriate in securities issued by the United
States or agencies of the United States government as defined
by RCW 43.84.080 (1) and (4). All income received from
such investments shall be deposited to the credit of the bond
retirement fund created in RCW 28B.30.610. [1975 1st ex.s.
c 109 § 3; 1974 ex.s. c 109 § 4.]
28B.30.606
Severability—1975 1st ex.s. c 109: See note following RCW
28B.30.600.
Severability—1974 ex.s. c 109: See note following RCW 28B.30.600.
28B.30.602 Tree fruit research center facility, financing—Bonds, committee to control issuance, sale and
retirement of. The issuance, sale and retirement of said
bonds shall be under the supervision and control of the state
finance committee. The committee is authorized to prescribe
the form, terms, conditions, and covenants of the bonds, the
time or times of sale of all or any portion of them, and the
conditions and manner of their sale, issuance and redemption.
28B.30.602
(2008 Ed.)
28B.30.608 Tree fruit research center facility, financing—Security for bonds issued. Bonds issued under the
provisions of RCW 28B.30.600 through 28B.30.619 as now
or hereafter amended shall state that they are a general obligation of the state of Washington, shall pledge the full faith
and credit of the state to the payment of the principal thereof
and the interest thereon, and shall contain an unconditional
28B.30.608
[Title 28B RCW—page 113]
28B.30.610
Title 28B RCW: Higher Education
promise to pay such principal and interest as the same shall
become due. [1977 c 32 § 2; 1974 ex.s. c 109 § 5.]
Severability—1974 ex.s. c 109: See note following RCW 28B.30.600.
28B.30.610 Tree fruit research center facility, financing—Office-laboratory facilities bond redemption fund
created, use. The office-laboratory facilities bond redemption fund is hereby created in the state treasury, which fund
shall be exclusively devoted to the payment of the principal
of and interest on the bonds and notes authorized by RCW
28B.30.600 through 28B.30.619. The state finance committee, shall, on or before June 30th of each year, certify to the
state treasurer the amount needed in the ensuing twelve
months to meet such bond retirement and interest requirements which may exceed cash available in the bond redemption fund from rental revenues, and on July 1st of each year
the state treasurer shall deposit such amount in the office-laboratory facilities bond redemption fund from any general
state revenues received in the state treasury and certified by
the state treasurer to be general state revenues. [1975 1st
ex.s. c 109 § 4; 1974 ex.s. c 109 § 6.]
28B.30.610
Severability—1975 1st ex.s. c 109: See note following RCW
28B.30.600.
Severability—1974 ex.s. c 109: See note following RCW 28B.30.600.
28B.30.612 Tree fruit research center facility, financing—Rights of owner and holder of bonds. The owner and
holder of any of the bonds authorized by RCW 28B.30.600
through 28B.30.619 may by a mandamus or other appropriate
proceeding require the transfer and payment of funds as
directed herein. [1974 ex.s. c 109 § 7.]
28B.30.612
28B.30.616
28B.30.616 Tree fruit research center facility, financing—Bonds, legislature may provide additional means for
payment. The legislature may provide additional means for
raising moneys for the payment of the principal of and interest on the bonds authorized in RCW 28B.30.600 through
28B.30.619, and RCW 28B.30.600 through 28B.30.619 shall
not be deemed to provide an exclusive method for such payments. [1974 ex.s. c 109 § 9.]
Severability—1974 ex.s. c 109: See note following RCW 28B.30.600.
28B.30.618
28B.30.618 Tree fruit research center facility, financing—Bonds as legal investment for public funds. The
bonds authorized in RCW 28B.30.600 through 28B.30.619
shall be a legal investment for all state funds or funds under
state control and for all funds of any other public body. [1974
ex.s. c 109 § 10.]
Severability—1974 ex.s. c 109: See note following RCW 28B.30.600.
28B.30.619
28B.30.619 Tree fruit research center facility, financing—Appropriation. There is hereby appropriated to
Washington State University from the office-laboratory construction account of the general fund, out of the sale of the
bonds or notes authorized by RCW 28B.30.600 through
28B.30.619, the sum of one million nine hundred fifty thousand dollars, or such lesser amount as may be required, to
finance the planning, construction, furnishing and equipping,
together with all improvements thereon, of the facility authorized by RCW 28B.30.600 through 28B.30.619. [1975 1st
ex.s. c 109 § 6; 1974 ex.s. c 109 § 11.]
Severability—1974 ex.s. c 109: See note following RCW 28B.30.600.
Severability—1975 1st ex.s. c 109: See note following RCW
28B.30.600.
28B.30.614 Tree fruit research center facility, financing—Lease agreement prerequisite to sale of bonds—Disposition of lease payments. None of the bonds authorized in
RCW 28B.30.600 through 28B.30.619 as now or hereafter
amended shall be sold unless a long-term lease agreement
shall be entered into between Washington State University
and the general services administration of the federal government providing for the occupancy of this facility by the
United States Department of Agriculture and the National
Weather Service for tree fruit research similar to the research
performed at the Washington State University Tree Fruit
Center. The lease payments by the federal government shall
be in an amount at least equal to the amount required to provide for the amortization of the principal of and interest on
the bonds authorized by RCW 28B.30.600 through
28B.30.619 as now or hereafter amended as certified by the
state finance committee, in addition to custodial, maintenance and utility services costs. A portion of the annual lease
payments received by the university equal to the amount
required for payment of the principal and interest on the
bonds shall be forthwith remitted by the university and
deposited in the state treasury to the credit of the state general
fund. [1977 c 32 § 3; 1975 1st ex.s. c 109 § 5; 1974 ex.s. c
109 § 8.]
Severability—1974 ex.s. c 109: See note following RCW 28B.30.600.
28B.30.614
Severability—1975 1st ex.s. c 109: See note following RCW
28B.30.600.
Severability—1974 ex.s. c 109: See note following RCW 28B.30.600.
[Title 28B RCW—page 114]
28B.30.620
28B.30.620 Tree fruit research center facility, financing—Alternatives authorized. In the event the state finance
committee determines that interest on the bonds authorized in
RCW 28B.30.600 through 28B.30.619 as now or hereafter
amended will not be exempt from federal income tax, Washington State University may issue its revenue bonds as provided in RCW 28B.10.300 through 28B.10.325 to pay the
cost of the facilities authorized by RCW 28B.30.600 as now
or hereafter amended, and the lease rental received from the
federal government shall be retained by the university instead
of being deposited in the state treasury as provided by RCW
28B.30.614 as now or hereafter amended.
In addition to the authority granted to the state treasurer
by *RCW 43.84.100, with the consent of the state finance
committee the state treasurer may make a loan from funds in
the state treasury in the manner generally prescribed by
*RCW 43.84.100 to the local construction fund established
by Washington State University for the office-laboratory
b uil din g a ut ho r iz e d by RC W 28 B .3 0 . 60 0 th ro u gh
28B.30.619 as now or hereafter amended, should a determination be made for Washington State University to issue revenue bonds. [1977 c 32 § 4.]
*Reviser’s note: RCW 43.84.100 was repealed by 1985 c 57 § 90,
effective July 1, 1985.
(2008 Ed.)
Washington State University
28B.30.630 Puget Sound water quality field agents
program—Definitions. As used in RCW 28B.30.630
through 28B.30.638 the following definitions apply:
(1) "Sea grant" means the Washington state sea grant
program.
(2) "Cooperative extension" means the cooperative
extension service of Washington State University. [1990 c
289 § 1.]
28B.30.630
28B.30.632 Puget Sound water quality field agents
program—Local field agents. (1) The sea grant and cooperative extension shall jointly administer a program to provide field agents to work with local governments, property
owners, and the general public to increase the propagation of
shellfish, and to address Puget Sound water quality problems
within Kitsap, Mason, and Jefferson counties that may limit
shellfish propagation potential. The sea grant and cooperative extension shall each make available the services of no
less than two agents within these counties for the purposes of
this section.
(2) The responsibilities of the field agents shall include
but not be limited to the following:
(a) Provide technical assistance to property owners,
marine industry owners and operators, and others, regarding
methods and practices to address nonpoint and point sources
of pollution of Puget Sound;
(b) Provide technical assistance to address water quality
problems limiting opportunities for enhancing the recreational harvest of shellfish;
(c) Provide technical assistance in the management and
increased production of shellfish to facility operators or to
those interested in establishing an operation;
(d) Assist local governments to develop and implement
education and public involvement activities related to Puget
Sound water quality;
(e) Assist in coordinating local water quality programs
with region-wide and statewide programs;
(f) Provide information and assistance to local watershed
committees.
(3) The sea grant and cooperative extension shall mutually coordinate their field agent activities to avoid duplicative
efforts and to ensure that the full range of responsibilities
under RCW 28B.30.632 through *28B.30.636 are carried
out. They shall consult with the Puget Sound partnership,
created in RCW 90.71.210, and ensure consistency with any
of the Puget Sound partnership’s water quality management
plans.
(4) Recognizing the special expertise of both agencies,
the sea grant and cooperative extension shall cooperate to
divide their activities as follows:
(a) Sea grant shall have primary responsibility to address
water quality issues related to activities within Puget Sound,
and to provide assistance regarding the management and
improvement of shellfish production; and
(b) Cooperative extension shall have primary responsibility to address upland and freshwater activities affecting
Puget Sound water quality and associated watersheds. [2007
c 341 § 64; 1990 c 289 § 2.]
28B.30.632
28B.30.642
28B.30.634 Puget Sound water quality field agents
program—Matching requirements. Sea grant and cooperative extension shall require a match from nonstate sources of
at least twenty-five percent of the cost of the services provided, and not exceeding fifty percent of the cost. The match
may be either monetary compensation or in-kind services,
such as the provision for office space or clerical support.
Only direct costs of providing the services, excluding costs of
administrative overhead, may be included in the estimate of
costs. [1990 c 289 § 3.]
28B.30.634
28B.30.638 Puget Sound water quality field agents
program—Captions not law. Captions as used in RCW
28B.30.630 through 28B.30.638 constitute no part of the law.
[1990 c 289 § 7.]
28B.30.638
28B.30.640 Climate and rural energy development
center—Definitions. The definitions in this section apply
throughout RCW 28B.30.642 and 28B.30.644 unless the context clearly requires otherwise.
(1) "Center" means the Washington climate and rural
energy development center.
(2) "Clean energy activities" means: (a) Activities
related to renewable resources including electricity generation facilities fueled by water, wind, solar energy, geothermal
energy, landfill gas, or bioenergy; (b) programs and industries promoting research, development, or commercialization
of fuel cells and qualified alternative energy resources as
defined in RCW 19.29A.090; (c) energy efficiency measures
or technologies; and (d) technologies designed to significantly reduce the use of or emissions from motor vehicle
fuels.
(3) "Climate change" means a change of climate attributed directly or indirectly to human activity that alters the
composition of the global atmosphere. [2002 c 250 § 2.]
28B.30.640
Findings—2002 c 250: "The legislature makes the following findings:
(1) A vast and growing body of research and information about
changes to our global, national, and regional climates is being produced by a
variety of sources.
(2) Much of this research and information holds important value in
helping scientists, citizens, businesses, and public policymakers understand
how Washington may be affected by these changes.
(3) It is in the public interest to support efforts to promote discussion
and understanding of the potential effects of climate change on Washington’s water supply, agriculture, natural resources, coastal infrastructure, public health, and economy, and to encourage the formulation of sound recommendations for avoiding, mitigating, and responding to those effects.
(4) The state should support the establishment of a central clearinghouse to serve as an impartial, unbiased source of credible and reliable information about climate change for the public." [2002 c 250 § 1.]
Effective date—2002 c 250: "This act takes effect July 1, 2002." [2002
c 250 § 6.]
*Reviser’s note: RCW 28B.30.636 was repealed by 1998 c 245 § 176.
28B.30.642 Climate and rural energy development
center—Authorized. The legislature authorizes the establishment of the Washington climate and rural energy development center in the Washington State University energy
program to serve as a central, nonregulatory clearinghouse of
credible and reliable information addressing various aspects
of climate change and clean energy activities. [2002 c 250 §
3.]
Severability—Effective date—2007 c 341: See RCW 90.71.906 and
90.71.907.
Findings—Effective date—2002 c 250: See notes following RCW
28B.30.640.
(2008 Ed.)
28B.30.642
[Title 28B RCW—page 115]
28B.30.644
Title 28B RCW: Higher Education
28B.30.644 Climate and rural energy development
center—Funding. The center shall be funded through
grants, and voluntary monetary and in-kind contributions.
[2002 c 250 § 4.]
28B.30.644
Findings—Effective date—2002 c 250: See notes following RCW
28B.30.640.
FINANCING BUILDINGS AND FACILITIES—1961 ACT
28B.30.700 Construction, remodeling, improvement,
financing through bonds, authorized. The board of regents
of Washington State University is empowered, in accordance
wi t h t h e p r o v i si o n s o f R C W 2 8 B . 3 0 . 7 0 0 th r o u g h
28B.30.780, to provide for the construction, completion,
reconstruction, remodeling, rehabilitation and improvement
of buildings and facilities authorized by the legislature for the
use of the university and to finance the payment thereof by
bonds payable out of a special fund from revenues hereafter
derived from the payment of building fees, gifts, bequests or
grants, and such additional funds as the legislature may provide. [1985 c 390 § 41; 1969 ex.s. c 223 § 28B.30.700. Prior:
1961 ex.s. c 12 § 1. Formerly RCW 28.80.500.]
28B.30.700
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
28B.30.710 Definitions. The following terms, whenever used or referred to in RCW 28B.30.700 through
28B.30.780, shall have the following meaning, excepting in
those instances where the context clearly indicates otherwise:
(1) The word "board" means the board of regents of
Washington State University.
(2) The words "building fees" mean the building fees
charged students registering at the university, but shall not
mean special tuition or other fees charged such students or
fees, charges, rentals, and other income derived from any or
all revenue-producing lands, buildings, and facilities of the
university, heretofore or hereafter acquired, constructed or
installed, including but not limited to income from rooms,
dormitories, dining rooms, hospitals, infirmaries, housing or
student activity buildings, vehicular parking facilities, land or
the appurtenances thereon.
(3) The words "bond retirement fund" mean the special
fund created by RCW 28B.30.700 through 28B.30.780, to be
known as the Washington State University bond retirement
fund.
(4) The word "bonds" means the bonds payable out of
the bond retirement fund.
(5) The word "projects" means the construction, completion, reconstruction, remodeling, rehabilitation, or improvement of any building or other facility of the university authorized by the legislature at any time and to be financed by the
issuance and sale of bonds. [1985 c 390 § 42; 1969 ex.s. c
223 § 28B.30.710. Prior: 1961 ex.s. c 12 § 2. Formerly RCW
28.80.510.]
28B.30.710
Revenue bonds for construction of buildings and acquisition of facilities:
RCW 28B.10.300 through 28B.10.330.
28B.30.720 Contracts, issuance of evidences of
indebtedness, bonds, acceptance of grants. In addition to
the powers conferred under existing law, the board is authorized and shall have the power:
28B.30.720
[Title 28B RCW—page 116]
(1) To contract for the construction, completion, reconstruction, remodeling, rehabilitation and improvement of
such buildings or other facilities of the university as are or
may be authorized by the legislature.
(2) To finance the same by the issuance of bonds secured
by the pledge of any or all of the revenues and receipts of the
bond retirement fund.
(3) Without limitation of the foregoing, to accept grants
from the United States government, or any federal or state
agency or instrumentality, or any public or private corporation, association, or person to aid in defraying the costs of any
such projects. [1969 ex.s. c 223 § 28B.30.720. Prior: 1963 c
182 § 3; 1961 ex.s. c 12 § 3. Formerly RCW 28.80.520.]
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
28B.30.730 Bonds—Issuance, sale, form, term, interest—Covenants—Deposit of proceeds. For the purpose of
financing the cost of any projects, the board is hereby authorized to adopt the resolution or resolutions and prepare all
other documents necessary for the issuance, sale and delivery
of the bonds or any part thereof at such time or times as it
shall deem necessary and advisable. Said bonds:
(1) Shall not constitute
(a) An obligation, either general or special, of the state;
or
(b) A general obligation of Washington State University
or of the board;
(2) Shall be
(a) Either registered or in coupon form; and
(b) Issued in denominations of not less than one hundred
dollars; and
(c) Fully negotiable instruments under the laws of this
state; and
(d) Signed on behalf of the university by the president of
the board, attested by the secretary or the treasurer of the
board, have the seal of the university impressed thereon or a
facsimile of such seal printed or lithographed in the bottom
border thereof, and the coupons attached thereto shall be
signed with the facsimile signatures of such president and
secretary;
(3) Shall state
(a) The date of issue; and
(b) The series of the issue and be consecutively numbered within the series; and
(c) That the bond is payable both principal and interest
solely out of the bond retirement fund;
(4) Each series of bonds shall bear interest, payable
either annually or semiannually, as the board may determine;
(5) Shall be payable both principal and interest out of the
bond retirement fund;
(6) Shall be payable at such times over a period of not to
exceed forty years from date of issuance, at such place or
places, and with such reserved rights of prior redemption, as
the board may prescribe;
(7) Shall be sold in such manner and at such price as the
board may prescribe;
(8) Shall be issued under and subject to such terms, conditions and covenants providing for the payment of the principal thereof and interest thereon and such other terms, conditions, covenants and protective provisions safeguarding
28B.30.730
(2008 Ed.)
Washington State University
such payment, not inconsistent with RCW 28B.30.700
through 28B.30.780, and as found to be necessary by the
board for the most advantageous sale thereof, which may
include but not be limited to:
(a) A covenant that the building fees shall be established,
maintained and collected in such amounts that will provide
money sufficient to pay the principal of and interest on all
bonds payable out of the bond retirement account, to set aside
and maintain the reserves required to secure the payment of
such principal and interest, and to maintain any coverage
which may be required over such principal and interest;
(b) A covenant that a reserve account shall be created in
the bond retirement fund to secure the payment of the principal of and interest on all bonds issued and a provision made
that certain amounts be set aside and maintained therein;
(c) A covenant that sufficient moneys may be transferred
from the Washington State University building account to the
bond retirement account when ordered by the board of
regents in the event there is ever an insufficient amount of
money in the bond retirement account to pay any installment
of interest or principal and interest coming due on the bonds
or any of them;
(d) A covenant fixing conditions under which bonds on a
parity with any bonds outstanding may be issued.
The proceeds of the sale of all bonds shall be deposited
in the state treasury to the credit of the Washington State University building account and shall be used solely for paying
the costs of the projects. The Washington State University
building account shall be credited with the investment
income derived pursuant to RCW 43.84.080 on the investable
balances of scientific permanent fund and agricultural permanent fund, less the allocation to the state treasurer’s service
fund pursuant to RCW 43.08.190. During the 2001-2003 fiscal biennium, the legislature may transfer from the Washington State University building account to the state general
fund such amounts as reflect the excess fund balance of the
account. [2002 c 238 § 302; 1991 sp.s. c 13 § 50; 1985 c 390
§ 43; 1972 ex.s. c 25 § 2; 1970 ex.s. c 56 § 28; 1969 ex.s. c
232 § 102; 1969 ex.s. c 223 § 28B.30.730. Prior: 1961 ex.s.
c 12 § 4. Formerly RCW 28.80.530.]
Severability—2002 c 238: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2002 c 238 § 307.]
Effective date—2002 c 238: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 28, 2002]." [2002 c 238 § 308.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
28B.30.740 Washington State University bond retirement fund—Composition—Pledge of building fees. For
the purpose of paying and securing the payment of the principal of and interest on the bonds as the same shall become due,
there shall be paid into the state treasury and credited to a special trust fund to be known as the Washington State Univer28B.30.740
(2008 Ed.)
28B.30.742
sity bond retirement fund, which fund is hereby created in the
state treasury, the following:
(1) One-half of such building fees as the board may from
time to time determine, or such larger portion as may be necessary to prevent default in the payments required to be made
out of the bond retirement fund;
(2) Any grants which may be made, or may become
available, for the purpose of furthering the construction of
any authorized projects, or for the repayment of the costs
thereof;
(3) Such additional funds as the legislature may provide.
Said bond retirement fund shall be kept segregated from
all moneys in the state treasury and shall, while any of such
bonds or any interest thereon remain unpaid, be available
solely for the payment thereof except as provided in subdivision (5) of RCW 28B.30.750. As a part of the contract of sale
of such bonds, the board shall undertake to charge and collect
building fees and to deposit the portion of such fees in the
bond retirement fund in amounts which will be sufficient to
pay the principal of, and interest on all such bonds outstanding. [1985 c 390 § 44; 1969 ex.s. c 223 § 28B.30.740. Prior:
1961 ex.s. c 12 § 5. Formerly RCW 28.80.540.]
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
28B.30.741 Washington State University bond retirement fund—Disposition of certain revenues from scientific school lands. All moneys received from the lease or
rental of lands set apart by the enabling act for a scientific
school; all interest or income arising from the proceeds of the
sale of such lands or of the timber, fallen timber, stone, gravel
or other valuable material thereon, except for investment
income derived pursuant to RCW 43.84.080 and, less the
allocation to the state investment board expense account pursuant to RCW 43.33A.160; and all moneys received as interest on deferred payments on contracts for the sale of such
lands shall be deposited in the "Washington State University
bond retirement fund" to be expended for the purposes set
forth in RCW 28B.30.740. [1991 sp.s. c 13 § 76; 1969 ex.s.
c 223 § 28B.30.741. Prior: 1965 c 77 § 1. Formerly RCW
28.80.541.]
28B.30.741
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
28B.30.742 Washington State University bond retirement fund—Disposition of certain revenues from agricultural college lands. Whenever federal law shall permit all
moneys received from the lease or rental of lands set apart by
the enabling act for an agricultural college, all interest or
income arising from the proceeds of the sale of such lands or
of the timber, fallen timber, stone, gravel or other valuable
material thereon, except for investment income derived pursuant to RCW 43.84.080 and, less the allocation to the state
investment board expense account pursuant to RCW
43.33A.160; and all moneys received as interest on deferred
payments on contracts for the sale of such lands shall be
deposited in the Washington State University bond retirement fund to be expended for the purposes set forth in RCW
28B.30.740. [1991 sp.s. c 13 § 77; 1969 ex.s. c 223 §
28B.30.742
[Title 28B RCW—page 117]
28B.30.750
Title 28B RCW: Higher Education
28B.30.742. Prior: 1965 c 77 § 2. Formerly RCW
28.80.542.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
28B.30.750 Additional powers of board—Issuance of
bonds, investments, transfer of funds, etc. The board is
hereby empowered:
(1) To reserve the right to issue bonds later on a parity
with any bonds being issued;
(2) To authorize the investing of moneys in the bond
retirement fund and any reserve account therein;
(3) To authorize the transfer of money from the Washington State University building account to the bond retirement fund when necessary to prevent a default in the payments required to be made out of such fund;
(4) To create a reserve account or accounts in the bond
retirement fund to secure the payment of the principal of and
interest on any bonds;
(5) To authorize the transfer to the Washington State
University building account of any money on deposit in the
bond retirement fund in excess of debt service for a period of
three years from the date of such transfer on all outstanding
bonds payable out of such fund. [1969 ex.s. c 223 §
28B.30.750. Prior: 1961 ex.s. c 12 § 6. Formerly RCW
28.80.550.]
28B.30.750
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
28B.30.760 Refunding bonds. The board is hereby
empowered to issue refunding bonds to provide funds to
refund any or all outstanding bonds payable from the bond
retirement fund and to pay any redemption premium payable
on such outstanding bonds being refunded. Such refunding
bonds may be issued in the manner and on terms and conditions and with the covenants permitted by RCW 28B.30.700
through 28B.30.780 for the issuance of bonds. The refunding
bonds shall be payable out of the bond retirement fund and
shall not constitute an obligation either general or special, of
the state or a general obligation of Washington State University or the board. The board may exchange the refunding
bonds at par for the bonds which are being refunded or may
sell them in such manner, at such price and at such rate or
rates of interest as it deems for the best interest of the university. [1970 ex.s. c 56 § 29; 1969 ex.s. c 232 § 103; 1969 ex.s.
c 223 § 28B.30.760. Prior: 1961 ex.s. c 12 § 7. Formerly
RCW 28.80.560.]
28B.30.760
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
for their payment. The legislature may provide additional
means for raising money for the payment of interest and principal of said bonds. RCW 28B.30.700 through 28B.30.780
shall not be deemed to provide an exclusive method for such
payment. The power given to the legislature by this section to
provide additional means for raising money is permissive,
and shall not in any way be construed as a pledge of the general credit of the state of Washington. [1969 ex.s. c 223 §
28B.30.770. Prior: 1961 ex.s. c 12 § 8. Formerly RCW
28.80.570.]
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
28B.30.780 Other laws not repealed or limited. RCW
28B.30.700 through 28B.30.780 is concurrent with other legislation with reference to providing funds for the construction
of buildings at Washington State University, and is not to be
construed as repealing or limiting any existing provision of
law with reference thereto. [1969 ex.s. c 223 § 28B.30.780.
Prior: 1961 ex.s. c 12 § 9. Formerly RCW 28.80.580.]
28B.30.780
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
28B.30.800 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities
and The Evergreen State College. See RCW 28B.10.300
through 28B.10.330.
28B.30.800
28B.30.810 Dairy/forage and agricultural research
facility—Rainier school farm—Revolving fund—Lease of
herd, lands, authorized. (1) Washington State University
shall establish and operate a dairy/forage and agricultural
research facility at the Rainier school farm.
(2) Local funds generated through operation of this facility shall be managed in a revolving fund, established herewith, by the university. This fund shall consist of all moneys
received in connection with the operation of the facility and
any moneys appropriated to the fund by law. Disbursements
from the revolving fund shall be on authorization of the president of the university or the president’s designee. In order to
maintain an effective expenditure and revenue control, this
fund, to be known as the dairy/forage facility revolving fund,
shall be subject in all respects to chapter 43.88 RCW, but no
appropriation is required to permit expenditures and payment
of obligations from the fund.
(3) In the event state funding is not sufficient to operate
the dairy cattle herd, the university is authorized to lease the
herd, together with the land necessary to maintain the same,
for such period and upon such terms as the university board
of regents shall deem proper. [1988 c 57 § 1; 1981 c 238 § 4.]
28B.30.810
Effective date—Savings—Liabilities, rights, actions, contracts—
1981 c 238: See notes following RCW 72.01.140.
28B.30.900 Transfer of energy education, applied
research, and technology transfer programs from state
energy office. (1) All powers, duties, and functions of the
state energy office under RCW 43.21F.045 relating to implementing energy education, applied research, and technology
transfer programs shall be transferred to Washington State
University.
28B.30.900
28B.30.770 Bonds not general obligations—Legislature may provide additional means of payment. The
bonds authorized to be issued pursuant to the provisions of
RCW 28B.30.700 through 28B.30.780 shall not be general
obligations of the state of Washington, but shall be limited
obligation bonds payable only from the special fund created
28B.30.770
[Title 28B RCW—page 118]
(2008 Ed.)
1977 Washington State University Buildings and Facilities Financing Act
(2) The specific programs transferred to Washington
State University shall include but not be limited to the following: Renewable energy, energy software, industrial energy
efficiency, education and information, energy ideas clearinghouse, and telecommunications.
(3)(a) All reports, documents, surveys, books, records,
files, papers, or written material in the possession of the state
energy office pertaining to the powers, functions, and duties
transferred shall be delivered to the custody of Washington
State University. All cabinets, furniture, office equipment,
software, database, motor vehicles, and other tangible property employed by the state energy office in carrying out the
powers, functions, and duties transferred shall be made available to Washington State University.
(b) Any appropriations made to, any other funds provided to, or any grants made to or contracts with the state
energy office for carrying out the powers, functions, and
duties transferred shall, on July 1, 1996, be transferred and
credited to Washington State University.
(c) Whenever any question arises as to the transfer of any
funds, books, documents, records, papers, files, software,
database, equipment, or other tangible property used or held
in the exercise of the powers and the performance of the
duties and functions transferred, an arbitrator mutually
agreed upon by the parties in dispute shall make a determination as to the proper allocation and certify the same to the
state agencies concerned.
(d) All rules and all pending business before the state
energy office pertaining to the powers, functions, and duties
transferred shall be continued and acted upon by Washington
State University. All existing contracts, grants, and obligations, excluding personnel contracts and obligations, shall
remain in full force and shall be assigned to and performed by
Washington State University.
(e) The transfer of the powers, duties, and functions of
the state energy office does not affect the validity of any act
performed before July 1, 1996.
(f) If apportionments of budgeted funds are required
because of the transfers directed by this section, the director
of the office of financial management shall certify the apportionments to the agencies affected, the state auditor, and the
state treasurer. Each of these shall make the appropriate
transfer and adjustments in funds and appropriation.
(4) Washington State University shall enter into an interagency agreement with the department of community, trade,
and economic development regarding the relationship
between policy development and public outreach. The
department of community, trade, and economic development
shall provide Washington State University available existing
and future oil overcharge restitution and federal energy block
funding for a minimum period of five years to carry out
energy programs. Nothing in chapter 186, Laws of 1996 prohibits Washington State University from seeking grant funding for energy-related programs directly from other entities.
(5) Washington State University shall select and appoint
existing state energy office employees to positions to perform
the duties and functions transferred. Employees appointed by
Washington State University are exempt from the provisions
of chapter 41.06 RCW unless otherwise designated by the
institution. Any future vacant or new positions will be filled
(2008 Ed.)
Chapter 28B.31
using Washington State University’s standard hiring procedures. [1996 c 186 § 201.]
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
28B.30.901 Establishment of administrative units to
coordinate energy education or energy program delivery
programs. In addition to the powers and duties transferred,
Washington State University shall have the authority to
establish administrative units as may be necessary to coordinate either energy education or energy program delivery programs, or both, and to revise, restructure, redirect, or eliminate programs transferred to Washington State University
based on available funding or to better serve the people and
businesses of Washington state. [1996 c 186 § 202.]
28B.30.901
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
28B.30.902 Lind dryland research unit—Income
from leased property. (1) The Washington state treasury
has been named a devisee of certain property pursuant to a
will executed by Cleora Neare on July 14, 1982. Under
*RCW 79.01.612, property that has been devised to the state
is to be managed and controlled by the department of natural
resources. The legislature hereby finds that it is in the best
interest of the state to transfer part of the real property
devised to the state under the will to Washington State University for use in conjunction with the Washington State University Lind dryland research unit located in Adams county
and sell the remaining property for the benefit of the common
schools.
(2) Washington State University is hereby granted ownership, management, and control of the real property legally
described as all of Section 6, and the west half of Section 5,
Township 17, Range 34 East E.W.M., Adams county, Washington, upon close of probate, or sooner if the property can be
transferred without cost, other than costs properly allocated
to the state as devisee under probate, to Washington State
University.
Upon transfer of this property, the parcel shall become
part of the Washington State University Lind dryland
research unit. Any and all lease income derived from current
leases on the property shall be deposited in a dedicated Washington State University local account for the benefit of the
Lind dryland research unit.
(3) The department of natural resources shall sell the real
property legally described as lots 28 and 29, block 10, Neilson Brothers plat, City of Lind, Adams county and the proceeds of the sale shall be deposited into the permanent common school fund. [1997 c 45 § 1.]
28B.30.902
*Reviser’s note: RCW 79.01.612 was recodified as RCW 79.10.030
pursuant to 2003 c 334 § 555.
Chapter 28B.31 RCW
1977 WASHINGTON STATE UNIVERSITY
BUILDINGS AND FACILITIES FINANCING ACT
Chapter 28B.31
Sections
28B.31.010 Purpose—Bonds authorized—Amount—Payment.
28B.31.020 Bond anticipation notes—Authorized—Bond proceeds to
apply to payment on.
[Title 28B RCW—page 119]
28B.31.010
Title 28B RCW: Higher Education
28B.31.030 Form, terms, conditions, sale and covenants of bonds and
notes—Pledge of state’s credit.
28B.31.050 Administration of proceeds from bonds and notes.
28B.31.060 Washington State University bond retirement fund of 1977—
Created—Purpose—Payment of interest and principal on
bonds and notes.
28B.31.070 Transfer of moneys to state general fund from Washington
State University building account.
28B.31.080 Bonds as legal investment for public funds.
28B.31.090 Prerequisite to bond issuance.
28B.31.100 Chapter not to repeal, override, or limit other statutes or
actions—Transfers under RCW 28B.31.070 as subordinate.
28B.31.010 Purpose—Bonds authorized—Amount—
Payment. For the purpose of providing needed capital
improvements consisting of the acquisition, construction,
remodeling, furnishing and equipping of state buildings and
facilities for Washington State University, the state finance
committee is hereby authorized to issue from time to time
general obligation bonds of the state of Washington in the
aggregate principal amount of four million four hundred
thousand dollars, or so much thereof as shall be required to
finance the capital projects relating to Washington State University as determined by the legislature in its capital appropriation act from time to time, to be paid and discharged in
not more than thirty years of the date of issuance. [1977 ex.s.
c 344 § 1.]
28B.31.010
Severability—1977 ex.s. c 344: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1977 ex.s. c 344 § 12.]
28B.31.020 Bond anticipation notes—Authorized—
Bond proceeds to apply to payment on. When the state
finance committee has determined to issue such general obligation bonds or a portion thereof as authorized in RCW
28B.31.010, it may, pending the issuance thereof, issue in the
name of the state temporary notes in anticipation of the issuance of such bonds, which notes shall be designated as "bond
anticipation notes". Such portion of the proceeds of the sale
of such bonds as may be required for the payment of the principal of and redemption premium, if any, and interest on such
notes shall be applied thereto when such bonds are issued.
[1977 ex.s. c 344 § 2.]
28B.31.020
Severability—1977 ex.s. c 344: See note following RCW 28B.31.010.
28B.31.030 Form, terms, conditions, sale and covenants of bonds and notes—Pledge of state’s credit. The
state finance committee is authorized to prescribe the form,
terms, conditions, and covenants of the bonds and/or the
bond anticipation notes authorized by this chapter, the time or
times of sale of all or any portion of them, and the conditions
and manner of their sale and issuance.
Each such bond and bond anticipation note shall pledge
the full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and interest thereon when due. [1977 ex.s. c 344 § 3.]
28B.31.030
Severability—1977 ex.s. c 344: See note following RCW 28B.31.010.
28B.31.050 Administration of proceeds from bonds
and notes. Subject to legislative appropriation, all proceeds
of the bonds and/or bond anticipation notes authorized in this
chapter shall be administered and expended by the board of
regents of Washington State University exclusively for the
28B.31.050
[Title 28B RCW—page 120]
purposes specified in this chapter and for the payment of the
expenses incurred in connection with the sale and issuance of
such bonds and bond anticipation notes. [1977 ex.s. c 344 §
5.]
Severability—1977 ex.s. c 344: See note following RCW 28B.31.010.
28B.31.060 Washington State University bond retirement fund of 1977—Created—Purpose—Payment of
interest and principal on bonds and notes. The Washington State University bond retirement fund of 1977 is hereby
created in the state treasury for the purpose of payment of the
principal of and interest on the bonds authorized by this chapter.
Upon completion of the projects for which appropriations have been made by the legislature, any proceeds of the
bonds and/or bond anticipation notes authorized by this chapter remaining in the Washington State University construction account shall be transferred by the board of regents to the
Washington State University bond retirement fund of 1977 to
reduce the transfer or transfers next required by RCW
28B.31.070.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amounts
required in the next succeeding twelve months for the payment of the principal of and the interest coming due on such
bonds and the dates on which such payments are due. The
state treasurer, not less than thirty days prior to the date on
which any such interest or principal and interest payment is
due, shall withdraw from any general state revenues received
in the state treasury and deposit in the Washington State University bond retirement fund of 1977 an amount equal to the
amount certified by the state finance committee to be due on
such payment date. [1977 ex.s. c 344 § 6.]
28B.31.060
Severability—1977 ex.s. c 344: See note following RCW 28B.31.010.
28B.31.070 Transfer of moneys to state general fund
from Washington State University building account. On
or before June 30th of each year the board of regents of
Washington State University shall cause to be accumulated in
the Washington State University building account, from
moneys transferred into said account from the Washington
State University bond retirement fund pursuant to RCW
28B.30.750(5), an amount at least equal to the amount
required in the next succeeding twelve months for the payment of the principal of and interest on the bonds issued pursuant to this chapter. Not less than thirty days prior to the date
on which any such interest or principal and interest payment
is due, the board of regents of Washington State University
shall cause the amount so computed to be paid out of such
building account to the state treasurer, for deposit into the
general fund of the state treasury. [1977 ex.s. c 344 § 7.]
28B.31.070
Severability—1977 ex.s. c 344: See note following RCW 28B.31.010.
28B.31.080 Bonds as legal investment for public
funds. The bonds authorized by this chapter shall constitute
a legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1977 ex.s. c
344 § 8.]
28B.31.080
Severability—1977 ex.s. c 344: See note following RCW 28B.31.010.
(2008 Ed.)
Community Technology Opportunity Program
28B.31.090 Prerequisite to bond issuance. The bonds
authorized by this chapter shall be issued only after an officer
of Washington State University, designated by the Washington State University board of regents, has certified, based
upon his estimates of future tuition income and other factors,
that an adequate balance will be maintained in the Washington State University building account to enable the board of
regents to meet the requirements of RCW 28B.31.070 during
the life of the bonds to be issued. [1977 ex.s. c 344 § 9.]
28B.31.090
Severability—1977 ex.s. c 344: See note following RCW 28B.31.010.
28B.31.100 Chapter not to repeal, override, or limit
other statutes or actions—Transfers under RCW
28B.31.070 as subordinate. No provision of this chapter
shall be deemed to repeal, override, or limit any provision of
RCW 28B.15.310 or 28B.30.700 through 28B.30.780, nor
any provision or covenant of the proceedings of the board of
regents of Washington State University heretofore or hereafter taken in the issuance of its revenue bonds secured by a
pledge of its building fees and/or other revenues pursuant to
such statutes. The obligation of the board of regents of Washington State University to make the transfers provided for in
RCW 28B.31.070 shall be subject and subordinate to the lien
and charge of such revenue bonds, and any revenue bonds
hereafter issued, on such building fees and/or other revenues
pledged to secure such bonds, and on the moneys in the
Washington State University building account and the Washington State University bond retirement fund. [1985 c 390 §
45; 1977 ex.s. c 344 § 10.]
28B.31.100
Severability—1977 ex.s. c 344: See note following RCW 28B.31.010.
Chapter 28B.32
Chapter 28B.32 RCW
COMMUNITY TECHNOLOGY
OPPORTUNITY PROGRAM
Sections
28B.32.010
28B.32.020
28B.32.030
28B.32.900
28B.32.901
Program created—Administration—Grant program.
Definitions.
Washington community technology opportunity account.
Findings—Intent—2008 c 262.
Construction—2008 c 262.
28B.32.010 Program created—Administration—
Grant program. The community technology opportunity
program is created to support the efforts of community technology programs throughout the state. The community technology opportunity program must be administered by the
Washington State University extension, in consultation with
the department of information services. The Washington
State University extension may contract for services in order
to carry out the extension’s obligations under this section.
(1) In implementing the community technology opportunity program the administrator must, to the extent funds are
appropriated for this purpose:
(a) Provide organizational and capacity building support
to community technology programs throughout the state, and
identify and facilitate the availability of other public and private sources of funds to enhance the purposes of the program
and the work of community technology programs. No more
than fifteen percent of funds received by the administrator for
the program may be expended on these functions;
28B.32.030
(b) Establish a competitive grant program and provide
grants to community technology programs to provide training
and skill-building opportunities; access to hardware and software; internet connectivity; assistance in the adoption of
information and communication technologies in low-income
and underserved areas of the state; and development of
locally relevant content and delivery of vital services through
technology.
(2) Grant applicants must:
(a) Provide evidence that the applicant is a nonprofit
entity or a public entity that is working in partnership with a
nonprofit entity;
(b) Define the geographic area or population to be
served;
(c) Include in the application the results of a needs
assessment addressing, in the geographic area or among the
population to be served: The impact of inadequacies in technology access or knowledge, barriers faced, and services
needed;
(d) Explain in detail the strategy for addressing the needs
identified and an implementation plan including objectives,
tasks, and benchmarks for the applicant and the role that
other organizations will play in assisting the applicant’s
efforts;
(e) Provide evidence of matching funds and resources,
which are equivalent to at least one-quarter of the grant
amount committed to the applicant’s strategy;
(f) Provide evidence that funds applied for, if received,
will be used to provide effective delivery of community technology services in alignment with the goals of this program
and to increase the applicant’s level of effort beyond the current level; and
(g) Comply with such other requirements as the administrator establishes.
(3) The administrator may use no more than ten percent
of funds received for the community technology opportunity
program to cover administrative expenses.
(4) The administrator must establish expected program
outcomes for each grant recipient and must require grant
recipients to provide an annual accounting of program outcomes. [2008 c 262 § 6.]
28B.32.010
(2008 Ed.)
28B.32.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Administrator" means the community technology
opportunity program administrator designated by the Washington State University extension.
(2) "Community technology program" means a program,
including a digital inclusion program, engaged in diffusing
information and communications technology in local communities, particularly in underserved areas. These programs
may include, but are not limited to, programs that provide
education and skill-building opportunities, hardware and
software, internet connectivity, and development of locally
relevant content and delivery of vital services through technology. [2008 c 262 § 7.]
28B.32.020
28B.32.030 Washington community technology
opportunity account. The Washington community technol28B.32.030
[Title 28B RCW—page 121]
28B.32.900
Title 28B RCW: Higher Education
ogy opportunity account is established in the state treasury.
Donated funds from private and public sources may be
deposited into the account. Expenditures from the account
may be used only for the operation of the community technology opportunity program as provided in RCW 28B.32.010.
Only the administrator or the administrator’s designee may
authorize expenditures from the account. [2008 c 262 § 8.]
28B.32.900 Findings—Intent—2008 c 262. See note
following RCW 43.105.350.
28B.32.900
28B.32.901 Construction--2008 c 262.
43.105.905.
28B.32.901
Chapter 28B.35
See RCW
Chapter 28B.35 RCW
REGIONAL UNIVERSITIES
Sections
28B.35.010 Designation.
28B.35.050 Primary purposes—Eligibility requirements for designation as
regional university.
28B.35.100 Trustees—Appointment—Terms—Quorum—Vacancies.
28B.35.105 Trustees—Organization and officers of board—Quorum.
28B.35.110 Trustees—Meetings of board.
28B.35.120 Trustees—General powers and duties of board.
28B.35.190 Trustees—Fire protection services.
28B.35.195 Treasurer—Appointment, term, duties, bonds.
28B.35.196 Credits—Statewide transfer policy and agreement—Establishment.
28B.35.200 Bachelor degrees authorized.
28B.35.205 Degrees through master’s degrees authorized—Limitations—
Honorary bachelor’s or master’s degrees.
28B.35.215 Doctorate level degrees in physical therapy authorized—
Review by higher education coordinating board.
28B.35.230 Certificates, diplomas—Signing—Contents.
28B.35.300 Model schools and training departments—Purpose.
28B.35.305 Model schools and training departments—Trustees to estimate
number of pupils required.
28B.35.310 Model schools and training departments—Requisitioning of
pupils—President may refuse admission.
28B.35.315 Model schools and training departments—Report of attendance.
28B.35.320 High-technology education and training.
28B.35.350 Suspension and expulsion.
28B.35.370 Disposition of building fees and normal school fund revenues—Bond payments—Capital projects accounts for construction, equipment, maintenance of buildings, etc.
28B.35.390 Duties of president.
28B.35.395 President’s housing allowance.
28B.35.400 Meetings of presidents.
Washington State University and Eastern Washington University—Spokane area: RCW 28B.30.050.
British Columbia—Tuition and fees—Reciprocity with Washington: RCW
28B.15.756 and 28B.15.758.
Central College fund—Other revenue for support of Central Washington
University: RCW 43.79.304.
Chapter as affecting
Central Washington State College building and normal school fund revenue bonds: RCW 28B.14C.120.
Eastern Washington State College building and normal school fund revenue bonds: RCW 28B.14C.110.
Western Washington State College building and normal school fund revenue bonds: RCW 28B.14C.100.
Commercial activities by institutions of higher education—Development of
policies governing: Chapter 28B.63 RCW.
Development of methods and protocols for measuring educational costs—
Schedule of educational cost study reports: RCW 28B.76.310.
Eastern College fund—Other revenue for support of Eastern Washington
University: RCW 43.79.314.
Former state colleges of education—Moneys paid into general fund for support of: RCW 43.79.180.
Governing body of recognized student association at college or university,
open public meetings act applicable to: RCW 42.30.200.
Idaho—Tuition and fees—Reciprocity with Washington: RCW 28B.15.750
through 28B.15.754.
Normal school grant to former state colleges of education: RCW 43.79.150.
Oregon—Tuition and fees—Reciprocity with Washington: RCW 28B.15.730
through 28B.15.736.
Western Washington fund—Other revenue for support of Western Washington University: RCW 43.79.324.
28B.35.010 Designation. The regional universities
shall be located and designated as follows: At Bellingham,
Western Washington University; at Cheney, Eastern Washington University; at Ellensburg, Central Washington University. [1977 ex.s. c 169 § 44. Prior: 1969 ex.s. c 223 §
28B.40.010; prior: 1967 c 47 § 6; 1961 c 62 § 2; 1957 c 147
§ 2; prior: (i) 1909 c 97 p 251, part; 1897 c 118 § 212; 1893
c 107 § 1; RRS § 4604, part. (ii) 1937 c 23 § 1; RRS § 46041. (iii) 1937 c 23 § 2; RRS § 4604-2. (iv) 1937 c 23 § 3; RRS
§ 4604-3. Formerly RCW 28B.40.010, part; 28.81.010.]
28B.35.010
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
FINANCING BUILDINGS AND FACILITIES—1961 ACT
Bond issue of 1977 for the refunding of outstanding limited obligation revenue bonds of institutions of higher education: Chapter 28B.14C RCW.
28B.35.050 Primary purposes—Eligibility requirements for designation as regional university. The primary
purposes of the regional universities shall be to offer undergraduate and graduate education programs through the master’s degree, including programs of a practical and applied
nature, directed to the educational and professional needs of
the residents of the regions they serve; to act as receiving
institutions for transferring community college students; and
to provide extended occupational and complementary studies
programs that continue or are otherwise integrated with the
educational services of the region’s community colleges.
No college shall be eligible for designation as a regional
university until it has been in operation for at least twenty
years and has been authorized to offer master’s degree programs in more than three fields. [1977 ex.s. c 169 § 2.]
Branch campuses
Central Washington University—Yakima area: RCW 28B.45.060.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.700 Construction, remodeling, improvement, financing, etc.—
Authorized.
28B.35.710 Definitions.
28B.35.720 Contracts, issuance of evidences of indebtedness, bonds,
acceptance of grants.
28B.35.730 Bonds—Issuance, sale, form, term, interest, etc.—Covenants—Deposit of proceeds.
28B.35.740 Disposition of building fees and normal school fund revenues—Bond payments, etc.
28B.35.750 Funds payable into bond retirement funds—Pledge of building
fees.
28B.35.751 Disposition of certain normal school fund revenues.
28B.35.760 Additional powers of board—Issuance of bonds, investments,
transfer of funds, etc.
28B.35.770 Refunding bonds.
28B.35.780 Bonds not general obligation—Legislature may provide additional means of payment.
28B.35.790 Other laws not repealed or limited.
[Title 28B RCW—page 122]
28B.35.050
(2008 Ed.)
Regional Universities
28B.35.100 Trustees—Appointment—Terms—Quorum—Vacancies. (1) The governance of each of the
regional universities shall be vested in a board of trustees
consisting of eight members, one of whom shall be a student.
The governor shall select the student member from a list of
candidates, of at least three and not more than five, submitted
by the governing body of the associated students. They shall
be appointed by the governor with the consent of the senate
and, except for the student member, shall hold their offices
for a term of six years from the first day of October and until
their successors are appointed and qualified. The student
member shall hold his or her office for a term of one year
from the first day of July and until the first day of July of the
following year or until his or her successor is appointed and
qualified, whichever is later. The student member shall be a
full-time student in good standing at the respective university
at the time of appointment.
(2) Five members of the board constitute a quorum for
the transaction of business. In case of a vacancy, or when an
appointment is made after the date of expiration of the term,
the governor shall fill the vacancy for the remainder of the
term of the trustee whose office has become vacant or
expired.
(3) Except for the term of the student member, no more
than the terms of two members will expire simultaneously on
the last day of September in any one year.
(4) A student appointed under this section shall excuse
himself or herself from participation or voting on matters
relating to the hiring, discipline, or tenure of faculty members
and personnel. [2006 c 78 § 3; 1998 c 95 § 3; 1985 c 137 § 1;
1979 ex.s. c 103 § 4; 1977 ex.s. c 169 § 45. Prior: 1973 c 62
§ 11; 1969 ex.s. c 223 § 28B.40.100; prior: 1967 ex.s. c 5 §
2; 1957 c 147 § 3; prior: (i) 1909 c 97 p 251 § 1, part; 1897 c
118 § 212; 1893 c 107 § 1; RRS § 4604, part. (ii) 1909 c 97
p 251 § 2; 1897 c 118 § 213; 1893 c 107 § 2; RRS § 4605.
Formerly RCW 28B.40.100, part; 28.81.020.]
28B.35.100
Present terms not affected—Severability—1979 ex.s. c 103: See
notes following RCW 28B.20.100.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.105 Trustees—Organization and officers of
board—Quorum. Each board of regional university trustees
shall elect one of its members chairman, and it shall elect a
secretary, who may or may not be a member of the board.
Each board shall have power to adopt bylaws for its government and for the government of the school, which bylaws
shall not be inconsistent with law, and to prescribe the duties
of its officers, committees and employees. A majority of the
board shall constitute a quorum for the transaction of all business. [1977 ex.s. c 169 § 46. Prior: 1969 ex.s. c 223 §
28B.40.105; prior: 1909 p 252 § 3; RRS § 4606; prior: 1897
c 118 § 214; 1893 c 107 § 3. Formerly RCW 28B.40.105,
part; 28.81.030 and 28.81.050(1), (2).]
28B.35.105
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.110 Trustees—Meetings of board. Each board
of regional university trustees shall hold at least two regular
meetings each year, at such times as may be provided by the
board. Special meetings shall be held as may be deemed nec28B.35.110
(2008 Ed.)
28B.35.120
essary, whenever called by the chairman or by a majority of
the board. Public notice of all meetings shall be given in
accordance with chapter 42.32 RCW. [1977 ex.s. c 169 § 47.
Prior: 1969 ex.s. c 223 § 28B.40.110; prior: 1917 c 128 § 1,
part; 1909 c 97 p 253 § 6, part; RRS § 4609, part; prior: 1897
c 118 § 217, part; 1893 c 107 § 6, part. Formerly RCW
28B.40.110, part; 28.81.040, part.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Open public meetings act: Chapter 42.30 RCW.
28B.35.120 Trustees—General powers and duties of
board. In addition to any other powers and duties prescribed
by law, each board of trustees of the respective regional universities:
(1) Shall have full control of the regional university and
its property of various kinds, except as otherwise provided by
law.
(2) Shall employ the president of the regional university,
his assistants, members of the faculty, and other employees
of the institution, who, except as otherwise provided by law,
shall hold their positions, until discharged therefrom by the
board for good and lawful reason.
(3) With the assistance of the faculty of the regional university, shall prescribe the course of study in the various
schools and departments thereof and publish such catalogues
thereof as the board deems necessary: PROVIDED, That the
Washington professional educator standards board shall
determine the requisites for and give program approval of all
courses leading to teacher certification by such board.
(4) Establish such divisions, schools or departments necessary to carry out the purposes of the regional university and
not otherwise proscribed by law.
(5) Except as otherwise provided by law, may establish
and erect such new facilities as determined by the board to be
necessary for the regional university.
(6) May acquire real and other property as provided in
RCW 28B.10.020, as now or hereafter amended.
(7) Except as otherwise provided by law, may purchase
all supplies and purchase or lease equipment and other personal property needed for the operation or maintenance of the
regional university.
(8) May establish, lease, operate, equip and maintain
self-supporting facilities in the manner provided in RCW
28B.10.300 through 28B.10.330, as now or hereafter
amended.
(9) Except as otherwise provided by law, to enter into
such contracts as the trustees deem essential to regional university purposes.
(10) May receive such gifts, grants, conveyances,
devises and bequests of real or personal property from whatsoever source, as may be made from time to time, in trust or
otherwise, whenever the terms and conditions thereof will aid
in carrying out the regional university programs; sell, lease or
exchange, invest or expend the same or the proceeds, rents,
profits and income thereof except as limited by the terms and
conditions thereof; and adopt regulations to govern the
receipt and expenditure of the proceeds, rents, profits and
income thereof.
(11) Subject to the approval of the higher education
coordinating board pursuant to RCW 28B.76.230, offer new
28B.35.120
[Title 28B RCW—page 123]
28B.35.190
Title 28B RCW: Higher Education
degree programs, offer off-campus programs, participate in
consortia or centers, contract for off-campus educational programs, and purchase or lease major off-campus facilities.
(12) May promulgate such rules and regulations, and
perform all other acts not forbidden by law, as the board of
trustees may in its discretion deem necessary or appropriate
to the administration of the regional university. [2006 c 263
§ 824; 2004 c 275 § 54; 1985 c 370 § 94; 1977 ex.s. c 169 §
48. Prior: 1969 ex.s. c 223 § 28B.40.120; prior: 1909 c 97 p
252 § 4; RRS § 4607; prior: 1905 c 85 § 1; 1897 c 118 § 215;
1893 c 107 § 4. Formerly RCW 28B.40.120, part;
28.81.050.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.190 Trustees—Fire protection services. Subject to the provisions of RCW 35.21.779, each board of trustees of the regional universities may:
(1) Contract for such fire protection services as may be
necessary for the protection and safety of the students, staff
and property of the regional university;
(2) By agreement pursuant to the provisions of chapter
239, Laws of 1967 (chapter 39.34 RCW), as now or hereafter
amended, join together with other agencies or political subdivisions of the state or federal government and otherwise
share in the accomplishment of any of the purposes of subsection (1) of this section:
PROVIDED, HOWEVER, That neither the failure of the
trustees to exercise any of its powers under this section nor
anything herein shall detract from the lawful and existing
powers and duties of political subdivisions of the state to provide the necessary fire protection equipment and services to
persons and property within their jurisdiction. [1992 c 117 §
1; 1977 ex.s. c 169 § 49. Prior: 1970 ex.s. c 15 § 28. Formerly
RCW 28B.40.190, part.]
28B.35.190
Findings—1992 c 117: See note following RCW 35.21.775.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.195 Treasurer—Appointment, term, duties,
bonds. See RCW 28B.40.195.
28B.35.195
28B.35.196 Credits—Statewide transfer policy and
agreement—Establishment. See RCW 28B.76.240 and
28B.76.2401.
28B.35.196
28B.35.200 Bachelor degrees authorized. The degree
of bachelor of arts or the degree of bachelor of science and/or
the degree of bachelor of arts in education may be granted to
any student who has completed a four-year course of study or
the equivalent thereof in Central Washington University,
Eastern Washington University, or Western Washington University. [1977 ex.s. c 169 § 50. Prior: 1969 ex.s. c 223 §
28B.40.200; prior: 1967 c 231 § 1; 1967 c 47 § 7; 1947 c 109
§ 1; 1933 c 13 § 1; Rem. Supp. 1947 § 4618-1. Formerly
RCW 28B.40.200, part; 28.81.052; 28.81.050(16).]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.205 Degrees through master’s degrees authorized—Limitations—Honorary bachelor’s or master’s
degrees. In addition to all other powers and duties given to
them by law, Central Washington University, Eastern Washington University, and Western Washington University are
hereby authorized to grant any degree through the master’s
degree to any student who has completed a program of study
and/or research in those areas which are determined by the
faculty and board of trustees of the college to be appropriate
for the granting of such degree: PROVIDED, That before
any degree is authorized under this section it shall be subject
to the review and approval of the higher education coordinating board.
The board of trustees, upon recommendation of the faculty, may also confer honorary bachelor’s or master’s degrees
upon persons other than graduates of the institution, in recognition of their learning or devotion to education, literature,
art, or science. No degree may be conferred in consideration
of the payment of money or the donation of any kind of property. [1991 c 58 § 2; 1985 c 370 § 84; 1979 c 14 § 4. Prior:
1977 ex.s. c 169 § 51. Cf: 1975 1st ex.s. c 232 § 1.]
28B.35.205
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.215 Doctorate level degrees in physical therapy authorized—Review by higher education coordinating board. The board of trustees of Eastern Washington
University may offer applied, but not research, doctorate
level degrees in physical therapy subject to review and
approval by the higher education coordinating board. [2001
c 252 § 1.]
28B.35.215
28B.35.230 Certificates, diplomas—Signing—Contents. Every diploma issued by a regional university shall be
signed by the chairman of the board of trustees and by the
president of the regional university issuing the same, and
sealed with the appropriate seal. In addition to the foregoing,
teaching certificates shall be countersigned by the state
superintendent of public instruction. Every certificate shall
specifically state what course of study the holder has completed and for what length of time such certificate is valid in
the schools of the state. [1977 ex.s. c 169 § 53. Prior: 1969
ex.s. c 223 § 28B.40.230; prior: 1917 c 128 § 4; 1909 c 97 p
254 § 9; RRS § 4615; prior: 1897 c 118 § 220; 1895 c 146 §
2; 1893 c 107 § 13. Formerly RCW 28B.40.230, part;
28.81.056; 28.81.050(15).]
28B.35.230
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.200
[Title 28B RCW—page 124]
28B.35.300 Model schools and training departments—Purpose. A model school or schools or training
departments may be provided for each regional university, in
which students, before graduation, may have actual practice
in teaching or courses relative thereto under the supervision
and observation of critic teachers. All schools or departments
involved herewith shall organize and direct their work being
cognizant of public school needs. [1977 ex.s. c 169 § 54.
Prior: 1969 ex.s. c 223 § 28B.40.300; prior: 1917 c 128 § 2;
28B.35.300
(2008 Ed.)
Regional Universities
1909 c 97 p 253 § 8; RRS § 4611; prior: 1897 c 118 § 219;
1893 c 107 § 12. Formerly RCW 28B.40.300, part;
28.81.058; 28.81.050(12).]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.370
3; RRS § 4614. Formerly RCW 28B.40.315, part; 28.81.061;
28.81.050(14).]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.320 High-technology education and training.
See chapter 28B.65 RCW.
28B.35.320
28B.35.305 Model schools and training departments—Trustees to estimate number of pupils required.
The board of trustees of any regional university having a
model school or training department as authorized by RCW
28B.35.300, shall, on or before the first Monday of September of each year, file with the board of the school district or
districts in which such regional university is situated, a certified statement showing an estimate of the number of public
school pupils who will be required to make up such model
school and specifying the number required for each grade for
which training for students is required. [1977 ex.s. c 169 §
55. Prior: 1969 ex.s. c 223 § 28B.40.305; prior: 1907 c 97 §
1; RRS § 4612. Formerly RCW 28B.40.305, part; 28.81.059;
28.81.050(13).]
28B.35.305
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.310 Model schools and training departments—Requisitioning of pupils—President may refuse
admission. It shall thereupon be the duty of the board of the
school district or districts with which such statement has been
filed, to apportion for attendance to the said model school or
training department, a sufficient number of pupils from the
public schools under the supervision of said board as will furnish to such regional university the number of pupils required
in order to maintain such facility: PROVIDED, That the
president of said regional university may refuse to accept any
such pupil as in his judgment would tend to reduce the efficiency of said model school or training department. [1977
ex.s. c 169 § 56. Prior: 1969 ex.s. c 223 § 28B.40.310; prior:
1907 c 97 § 2; RRS § 4613. Formerly RCW 28B.40.310, part;
28.81.060.]
28B.35.310
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.315 Model schools and training departments—Report of attendance. Annually, on or before the
date for reporting the school attendance of the school district
in which said model school or training department is situated,
for the purpose of taxation for the support of the common
schools, the board of trustees of each such regional university
having supervision over the same shall file with the board of
the school district or districts, in which such model school or
training department is situated, a report showing the number
of common school pupils at each such model school or training department during the school year last passed, and the
period of their attendance in the same form that reports of
public schools are made. Any superintendent of the school
district so affected shall, in reporting the attendance in said
school district, segregate the attendance at said model school
or training department, from the attendance in the other
schools of said district: PROVIDED, That attendance shall
be credited, if credit be given therefor, to the school district in
which the pupil resides. [1977 ex.s. c 169 § 57. Prior: 1969
ex.s. c 223 § 28B.40.315; prior: 1917 c 128 § 3; 1907 c 97 §
28B.35.315
(2008 Ed.)
28B.35.350 Suspension and expulsion. Any student
may be suspended or expelled from any regional university
who is found to be guilty of an infraction of the regulations of
the institution. [1977 ex.s. c 169 § 58. Prior: 1969 ex.s. c 223
§ 28B.40.350; prior: 1961 ex.s. c 13 § 2, part; prior: (i) 1909
c 97 p 255 § 13; RRS § 4620. (ii) 1921 c 136 § 1, part; 1905
c 85 § 3, part; RRS § 4616, part. Formerly RCW 28B.40.350,
part; 28.81.070.]
28B.35.350
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.370 Disposition of building fees and normal
school fund revenues—Bond payments—Capital projects
accounts for construction, equipment, maintenance of
buildings, etc. Within thirty-five days from the date of collection thereof all building fees of each regional university
and The Evergreen State College shall be paid into the state
treasury and these together with such normal school fund revenues as provided in RCW 28B.35.751 as are received by the
state treasury shall be credited as follows:
(1) On or before June 30th of each year the board of
trustees of each regional university and The Evergreen State
College, if issuing bonds payable out of its building fees and
above described normal school fund revenues, shall certify to
the state treasurer the amounts required in the ensuing twelve
months to pay and secure the payment of the principal of and
interest on such bonds. The amounts so certified by each
regional university and The Evergreen State College shall be
a prior lien and charge against all building fees and above
described normal school fund revenues of such institution.
The state treasurer shall thereupon deposit the amounts so
certified in the Eastern Washington University capital
projects account, the Central Washington University capital
projects account, the Western Washington University capital
projects account, or The Evergreen State College capital
projects account respectively, which accounts are hereby created in the state treasury. The amounts deposited in the
respective capital projects accounts shall be used exclusively
to pay and secure the payment of the principal of and interest
on the building bonds issued by such regional universities
and The Evergreen State College as authorized by law. If in
any twelve month period it shall appear that the amount certified by any such board of trustees is insufficient to pay and
secure the payment of the principal of and interest on the outstanding building and above described normal school fund
revenue bonds of its institution, the state treasurer shall notify
the board of trustees and such board shall adjust its certificate
so that all requirements of moneys to pay and secure the payment of the principal of and interest on all such bonds then
outstanding shall be fully met at all times.
(2) All normal school fund revenue pursuant to RCW
28B.35.751 shall be deposited in the Eastern Washington
University capital projects account, the Central Washington
28B.35.370
[Title 28B RCW—page 125]
28B.35.390
Title 28B RCW: Higher Education
University capital projects account, the Western Washington
University capital projects account, or The Evergreen State
College capital projects account respectively, which accounts
are hereby created in the state treasury. The sums deposited
in the respective capital projects accounts shall be appropriated and expended exclusively to pay and secure the payment
of the principal of and interest on bonds payable out of the
building fees and normal school revenue and for the construction, reconstruction, erection, equipping, maintenance,
demolition and major alteration of buildings and other capital
assets, and the acquisition of sites, rights-of-way, easements,
improvements or appurtenances in relation thereto except for
any sums transferred therefrom as authorized by law. [1991
sp.s. c 13 § 49. Prior: 1985 c 390 § 47; 1985 c 57 § 15; 1977
ex.s. c 169 § 79; 1969 ex.s. c 223 § 28B.40.370; prior: 1967
c 47 §§ 11, 14; 1965 c 76 § 2; 1961 ex.s. c 14 § 5; 1961 ex.s.
c 13 § 4. Formerly RCW 28B.40.370; 28.81.085; 28.81.540.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.390 Duties of president. The president of each
regional university shall have general supervision of the university and see that all laws and rules of the board of trustees
are observed. [1977 ex.s. c 169 § 61. Prior: 1969 ex.s. c 223
§ 28B.40.390; prior: 1909 c 97 p 253 § 7; RRS § 4610; prior:
1897 c 118 § 218; 1893 c 107 § 7. Formerly RCW
28B.40.390, part; 28.81.110.]
28B.35.390
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.395 President’s housing allowance. Housing
or a housing allowance may only be provided for the president of a public four-year institution of higher education who
resides in the location where the institution is designated
under RCW 28B.20.010, 28B.30.010, 28B.35.010, and
28B.40.010. [1998 c 344 § 4.]
28B.35.395
Intent—Findings—1998 c 344: See note following RCW 28B.38.010.
28B.35.400 Meetings of presidents. It shall be the duty
of the presidents of the several regional universities to meet at
least once annually to consult with each other relative to the
management of the regional universities. [1977 ex.s. c 169 §
62.]
28B.35.400
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
FINANCING BUILDINGS AND FACILITIES—1961 ACT
28B.35.700 Construction, remodeling, improvement,
financing, etc.—Authorized. The boards of trustees of the
regional universities and of The Evergreen State College are
empowered in accordance with the provisions of RCW
28B.35.700 through 28B.35.790, to provide for the construction, completion, reconstruction, remodeling, rehabilitation
and improvement of buildings and facilities authorized by the
legislature for the use of the aforementioned universities and
The Evergreen State College and to finance the payment
thereof by bonds payable out of special funds from revenues
28B.35.700
[Title 28B RCW—page 126]
hereafter derived from the payment of building fees, gifts,
bequests or grants and such additional funds as the legislature
may provide. [1985 c 390 § 48; 1977 ex.s. c 169 § 82; 1969
ex.s. c 223 § 28B.40.700. Prior: 1967 c 47 § 12; 1961 ex.s. c
14 § 1. Formerly RCW 28B.40.700; 28.81.500.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.710 Definitions. The following terms, whenever used or referred to in RCW 28B.35.700 through
28B.35.790, shall have the following meaning, excepting in
those instances where the context clearly indicates otherwise:
(1) The word "boards" means the boards of trustees of
the regional universities and The Evergreen State College.
(2) The words "building fees" mean the building fees
charged students registering at each college, but shall not
mean the special tuition or other fees charged such students
or fees, charges, rentals, and other income derived from any
or all revenue-producing lands, buildings, and facilities of the
respective colleges, heretofore or hereafter acquired, constructed or installed, including but not limited to income from
rooms, dormitories, dining rooms, hospitals, infirmaries,
housing or student activity buildings, vehicular parking facilities, land or the appurtenances thereon.
(3) The words "bond retirement funds" shall mean the
special funds created by law and known as the Eastern Washington University bond retirement fund, Central Washington
University bond retirement fund, Western Washington University bond retirement fund, and The Evergreen State College bond retirement fund, all as referred to in RCW
28B.35.370.
(4) The word "bonds" means the bonds payable out of
the bond retirement funds.
(5) The word "projects" means the construction, completion, reconstruction, remodeling, rehabilitation, or improvement of any building or other facility of any of the aforementioned colleges authorized by the legislature at any time and
to be financed by the issuance and sale of bonds. [1985 c 390
§ 49; 1977 ex.s. c 169 § 83; 1969 ex.s. c 223 § 28B.40.710.
Prior: 1967 c 47 § 13; 1961 ex.s. c 14 § 2. Formerly RCW
28B.40.710; 28.81.510.]
28B.35.710
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.720 Contracts, issuance of evidences of
indebtedness, bonds, acceptance of grants. In addition to
the powers conferred under existing law, each of the boards is
authorized and shall have the power:
(1) To contract for the construction, completion, reconstruction, remodeling, rehabilitation and improvement of
such buildings or other facilities of the university or college
as are authorized by the legislature to be financed by the issuance and sale of bonds.
(2) To finance the same by the issuance of bonds secured
by the pledge of any or all of the building fees.
(3) Without limitation of the foregoing, to accept grants
from the United States government, or any federal or state
agency or instrumentality, or private corporation, association,
or person to aid in defraying the costs of any such projects.
[1985 c 390 § 50; 1977 ex.s. c 169 § 84; 1969 ex.s. c 223 §
28B.35.720
(2008 Ed.)
Regional Universities
28B.40.720. Prior: 1961 ex.s. c 14 § 3. Formerly RCW
28B.40.720; 28.81.520.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.730 Bonds—Issuance, sale, form, term, interest, etc.—Covenants—Deposit of proceeds. For the purpose of financing the cost of any projects, each of the boards
is hereby authorized to adopt the resolution or resolutions and
prepare all other documents necessary for the issuance, sale
and delivery of the bonds or any part thereof at such time or
times as it shall deem necessary and advisable. Said bonds:
(1) Shall not constitute
(a) An obligation, either general or special, of the state;
or
(b) A general obligation of the university or college or of
the board;
(2) Shall be
(a) Either registered or in coupon form; and
(b) Issued in denominations of not less than one hundred
dollars; and
(c) Fully negotiable instruments under the laws of this
state; and
(d) Signed on behalf of the university or college by the
chairman of the board, attested by the secretary of the board,
have the seal of the university or college impressed thereon or
a facsimile of such seal printed or lithographed in the bottom
border thereof, and the coupons attached thereto shall be
signed with the facsimile signatures of such chairman and the
secretary;
(3) Shall state
(a) The date of issue; and
(b) The series of the issue and be consecutively numbered within the series; and
(c) That the bond is payable both principal and interest
solely out of the bond retirement fund;
(4) Each series of bonds shall bear interest, payable
either annually or semiannually, as the board may determine;
(5) Shall be payable both principal and interest out of the
bond retirement fund;
(6) Shall be payable at such times over a period of not to
exceed forty years from date of issuance, at such place or
places, and with such reserved rights of prior redemption, as
the board may prescribe;
(7) Shall be sold in such manner and at such price as the
board may prescribe;
(8) Shall be issued under and subject to such terms, conditions and covenants providing for the payment of the principal thereof and interest thereon and such other terms, conditions, covenants and protective provisions safeguarding
such payment, not inconsistent with RCW 28B.35.700
through 28B.35.790, as now or hereafter amended, and as
found to be necessary by the board for the most advantageous
sale thereof, which may include but not be limited to:
(a) A covenant that the building fees shall be established,
maintained and collected in such amounts that will provide
money sufficient to pay the principal of and interest on all
bonds payable out of the bond retirement fund, to set aside
and maintain the reserves required to secure the payment of
such principal and interest, and to maintain any coverage
which may be required over such principal and interest;
28B.35.730
(2008 Ed.)
28B.35.750
(b) A covenant that a reserve account shall be created in
the bond retirement fund to secure the payment of the principal of and interest on all bonds issued and a provision made
that certain amounts be set aside and maintained therein;
(c) A covenant that sufficient moneys may be transferred
from the capital projects account of the university or college
issuing the bonds to the bond retirement fund of such university or college when ordered by the board of trustees in the
event there is ever an insufficient amount of money in the
bond retirement fund to pay any installment of interest or
principal and interest coming due on the bonds or any of
them;
(d) A covenant fixing conditions under which bonds on a
parity with any bonds outstanding may be issued.
The proceeds of the sale of all bonds, exclusive of
accrued interest which shall be deposited in the bond retirement fund, shall be deposited in the state treasury to the credit
of the capital projects account of the university or college
issuing the bonds and shall be used solely for paying the costs
of the projects. [1985 c 390 § 51; 1977 ex.s. c 169 § 85; 1970
ex.s. c 56 § 30; 1969 ex.s. c 232 § 104; 1969 ex.s. c 223 §
28B.40.730. Prior: 1961 ex.s. c 14 § 4. Formerly RCW
28B.40.730; 28.81.530.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
Capital projects accounts of regional universities and The Evergreen State
College: RCW 28B.35.370.
28B.35.740 Disposition of building fees and normal
school fund revenues—Bond payments, etc. See RCW
28B.35.370.
28B.35.740
28B.35.750 Funds payable into bond retirement
funds—Pledge of building fees. For the purpose of paying
and securing the payment of the principal of and interest on
the bonds as the same shall become due, there shall be paid
into the state treasury and credited to the respective bond
retirement fund of each university or college issuing bonds,
the following:
(1) Amounts derived from building fees as the board
shall certify as necessary to prevent default in the payments
required to be paid into such bond retirement fund;
(2) Any grants which may be made, or may become
available, for the purpose of furthering the construction of
any authorized projects, or for the repayment of the costs
thereof;
(3) Such additional funds as the legislature may provide.
Said bond retirement fund shall be kept segregated from
all moneys in the state treasury and shall, while any of such
bonds or any interest thereon remains unpaid, be available
solely for the payment thereof. As a part of the contract of
sale of such bonds, the board shall undertake to charge and
collect building fees and to deposit the portion of such fees in
the bond retirement fund in amounts which will be sufficient
to pay and secure the payment of the principal of, and interest
on all such bonds outstanding. [1985 c 390 § 52; 1977 ex.s.
c 169 § 86; 1969 ex.s. c 223 § 28B.40.750. Prior: 1961 ex.s.
c 14 § 6. Formerly RCW 28B.40.750; 28.81.550.]
28B.35.750
[Title 28B RCW—page 127]
28B.35.751
Title 28B RCW: Higher Education
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.751 Disposition of certain normal school fund
revenues. All moneys received from the lease or rental of
lands set apart by the enabling act for state normal schools
purposes; all interest or income arising from the proceeds of
the sale of such lands or of the timber, fallen timber, stone,
gravel, or other valuable material thereon, less the allocation
to the state treasurer’s service fund pursuant to RCW
43.08.190 and the state investment board expense account
pursuant to RCW 43.33A.160; and all moneys received as
interest on deferred payments on contracts for the sale of such
lands, shall from time to time be paid into the state treasury
and credited to the Eastern Washington University, Central
Washington University, Western Washington University and
The Evergreen State College capital projects accounts as
herein provided to be expended for capital projects, and bond
retirement purposes as set forth in RCW 28B.35.750, as now
or hereafter amended. Eastern Washington University, Central Washington University, Western Washington University,
and The Evergreen State College shall be credited with onefourth of the total amount beginning July 1, 2003. Beginning
July 1, 1995, The Evergreen State College shall receive five
percent of the total amount not obligated to repayment of
bonds; Eastern Washington University, Central Washington
University, and Western Washington University shall receive
equal amounts of the remaining amount. Beginning July 1,
1997, The Evergreen State College shall receive ten percent
of the total amount not obligated to repayment of bonds;
Eastern Washington University, Central Washington University, and Western Washington University shall receive equal
amounts of the remaining amount. Beginning July 1, 1999,
The Evergreen State College shall receive fifteen percent of
the total amount not dedicated to repayment of bonds; Eastern Washington University, Central Washington University,
and Western Washington University shall each receive equal
amounts of the remaining amount. Beginning July 1, 2001,
The Evergreen State College shall receive twenty percent of
the total amount not obligated to repayment of bonds; Eastern
Washington University, Central Washington University, and
Western Washington University shall each receive equal
amounts of the remaining amount. [1993 c 411 § 2; 1991
sp.s. c 13 § 95; 1977 ex.s. c 169 § 87; 1969 ex.s. c 223 §
28B.40.751. Prior: 1967 c 47 § 15; 1965 c 76 § 1. Formerly
RCW 28B.40.751; 28.81.551.]
28B.35.751
Finding—1993 c 411: "The legislature finds that Central Washington
University, Eastern Washington University, Western Washington University, and The Evergreen State College are the state’s comprehensive undergraduate institutions and each should share equally in the benefits derived
from lands set apart in the enabling act for state normal school purposes."
[1993 c 411 § 1.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.760 Additional powers of board—Issuance of
bonds, investments, transfer of funds, etc. The board of
any such university or college is hereby empowered:
(1) To reserve the right to issue bonds later on a parity
with any bonds being issued;
28B.35.760
[Title 28B RCW—page 128]
(2) To authorize the investing of moneys in the bond
retirement fund and any reserve account therein;
(3) To authorize the transfer of money from the college’s
or universities’ capital projects account to the college’s or
universities’ bond retirement fund when necessary to prevent
a default in the payments required to be made out of such
fund;
(4) To create a reserve account or accounts in the bond
retirement fund to secure the payment of the principal of and
interest on any bonds. [1977 ex.s. c 169 § 88; 1969 ex.s. c
223 § 28B.40.760. Prior: 1961 ex.s. c 14 § 7. Formerly RCW
28B.40.760; 28.81.560.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.770 Refunding bonds. Each board of trustees
is hereby empowered to issue refunding bonds to provide
funds to refund any or all outstanding bonds payable from the
bond retirement fund and to pay any redemption premium
payable on such outstanding bonds being refunded. Such
refunding bonds may be issued in the manner and on terms
and conditions and with the covenants permitted by RCW
28B.35.700 through 28B.35.790 as now or hereafter
amended for the issuance of bonds. The refunding bonds
shall be payable out of the bond retirement fund and shall not
constitute an obligation either general or special, of the state
or a general obligation of the college or university of Washington issuing the bonds or the board thereof. The board may
exchange the refunding bonds at par for the bonds which are
being refunded or may sell them in such manner, at such price
and at such rate or rates of interest as it deems for the best
interest of the college or university. [1977 ex.s. c 169 § 89;
1970 ex.s. c 56 § 31; 1969 ex.s. c 232 § 105; 1969 ex.s. c 223
§ 28B.40.770. Prior: 1961 ex.s. c 14 § 8. Formerly RCW
28B.40.770; 28.81.570.]
28B.35.770
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
28B.35.780 Bonds not general obligation—Legislature may provide additional means of payment. The
bonds authorized to be issued pursuant to the provisions of
RCW 28B.35.700 through 28B.35.790 as now or hereafter
amended shall not be general obligations of the state of
Washington, but shall be limited obligation bonds payable
only from the special funds created for their payment. The
legislature may provide additional means for raising money
for the payment of interest and principal of said bonds. RCW
28B.35.700 through 28B.35.790 as now or hereafter
amended shall not be deemed to provide an exclusive method
for such payment. The power given to the legislature by this
section to provide for additional means for raising money is
permissive, and shall not in any way be construed as a pledge
of the general credit of the state of Washington. [1977 ex.s. c
169 § 90; 1969 ex.s. c 223 § 28B.40.780. Prior: 1961 ex.s. c
14 § 9. Formerly RCW 28B.40.780; 28.81.580.]
28B.35.780
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
(2008 Ed.)
Spokane Intercollegiate Research and Technology Institute
28B.35.790 Other laws not repealed or limited. RCW
28B.35.700 through 28B.35.790 as now or hereafter
amended is concurrent with other legislation with reference
to providing funds for the construction of buildings at the
regional universities or The Evergreen State College and is
not to be construed as repealing or limiting any existing provision of law with reference thereto. [1977 ex.s. c 169 § 91;
1969 ex.s. c 223 § 28B.40.790. Prior: 1961 ex.s. c 14 § 10.
Formerly RCW 28B.40.790; 28.81.590.]
28B.35.790
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Chapter 28B.38 RCW
SPOKANE INTERCOLLEGIATE RESEARCH AND
TECHNOLOGY INSTITUTE
Chapter 28B.38
Sections
28B.38.010
28B.38.020
28B.38.030
28B.38.040
28B.38.050
28B.38.060
28B.38.070
28B.38.900
Spokane intercollegiate research and technology institute.
Administration—Board of directors—Powers and duties.
Support from participating institutions.
Operating staff—Cooperative agreements for programs and
research.
Role of department of community, trade, and economic development.
Availability of facilities to other institutions.
Authority to receive and expend funds.
Captions not law.
28B.38.010 Spokane intercollegiate research and
technology institute. (1) The Spokane intercollegiate
research and technology institute is created.
(2) The institute shall be operated and administered as a
multi-institutional education and research center, housing
appropriate programs conducted in Spokane under the
authority of institutions of higher education as defined in
RCW 28B.10.016. Washington independent and private
institutions of higher education may participate as full partners in any academic and research activities of the institute.
(3) The institute shall house education and research programs specifically designed to meet the needs of eastern
Washington.
(4) The establishment of any education program at the
institute and the lease, purchase, or construction of any site or
facility for the institute is subject to the approval of the higher
education coordinating board under RCW 28B.76.230.
(5) The institute shall be headquartered in Spokane.
(6) The mission of the institute is to perform and commercialize research that benefits the intermediate and longterm economic vitality of eastern Washington and to develop
and strengthen university-industry relationships through the
conduct of research that is primarily of interest to eastern
Washington-based companies or state economic development programs. The institute shall:
(a) Perform and facilitate research supportive of state
science and technology objectives, particularly as they relate
to eastern Washington industries;
(b) Provide leading edge collaborative research and technology transfer opportunities primarily to eastern Washington industries;
(c) Provide substantial opportunities for training undergraduate and graduate students through direct involvement in
research and industry interactions;
28B.38.010
(2008 Ed.)
28B.38.020
(d) Emphasize and develop nonstate support of the institute’s research activities; and
(e) Provide a forum for effective interaction between the
state’s technology-based industries and its academic institutions through promotion of faculty collaboration with industry, particularly within eastern Washington. [2004 c 275 §
55; 1998 c 344 § 9.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Intent—Findings—1998 c 344: "It is the intent of the legislature to
provide the necessary access to quality upper division and graduate higher
education opportunities for the citizens of Spokane. The legislature intends
that the Spokane branch campus of Washington State University, offering
upper-division and graduate programs, be located at the Riverpoint Higher
Education Park and that Washington State University be the administrative
and fiscal agent for the Riverpoint Higher Education Park. In addition, those
programs offered by Eastern Washington University that meet the rules and
guidelines established by the higher education coordinating board’s program
approval process may serve students at the Riverpoint Higher Education
Park. The legislature intends to streamline the program planning and
approval process in Spokane by eliminating the joint center for higher education; thereby treating the Spokane higher education community like other
public higher education communities in Washington that receive program
approval from the higher education coordinating board. However, the legislature encourages partnerships, collaboration, and avoidance of program
duplication through regular communication among the presidents of Spokane’s public and private institutions of higher education. The legislature
further intends that the residential mission of Eastern Washington University
in Cheney be strengthened and that Eastern Washington University focus on
the excellence of its primary campus in Cheney.
In addition, the legislature finds that the Spokane intercollegiate
research and technology institute is a vital and necessary element in the academic and economic future of eastern Washington. The legislature also
finds that it is in the interest of the state of Washington to support and promote applied research and technology in areas of the state that, because of
geographic or historic circumstances, have not developed fully balanced
economies. It is the intent of the legislature that institutions of higher education and the department of community, trade, and economic development
work cooperatively with the private sector in the development and implementation of a technology transfer and integration program to promote the
economic development and enhance the quality of life in eastern Washington." [1998 c 344 § 1.]
28B.38.020 Administration—Board of directors—
Powers and duties. (1) The institute shall be administered
by the board of directors.
(2) The board shall consist of the following members:
(a) Nine members of the general public. Of the general
public membership, at least six shall be individuals who are
associated with or employed by technology-based or manufacturing-based industries and have broad business experience and an understanding of high technology;
(b) The executive director of the Washington technology
center or the director’s designee;
(c) The provost of Washington State University or the
provost’s designee;
(d) The provost of Eastern Washington University or the
provost’s designee;
(e) The provost of Central Washington University or the
provost’s designee;
(f) The provost of the University of Washington or the
provost’s designee;
(g) An academic representative from the Spokane community colleges;
(h) One member from Gonzaga University; and
(i) One member from Whitworth College.
28B.38.020
[Title 28B RCW—page 129]
28B.38.030
Title 28B RCW: Higher Education
(3) The term of office for each board member, excluding
the executive director of the Washington technology center,
the provosts of Washington State University, Eastern Washington University, Central Washington University, and the
University of Washington, shall be three years. The executive
director of the institute shall be an ex officio, nonvoting
member of the board. Board members shall be appointed by
the governor. Initial appointments shall be for staggered
terms to ensure the long-term continuity of the board. The
board shall meet at least quarterly.
(4) The duties of the board include:
(a) Developing the general operating policies for the
institute;
(b) Appointing the executive director of the institute;
(c) Approving the annual operating budget of the institute;
(d) Establishing priorities for the selection and funding
of research projects that guarantee the greatest potential
return on the state’s investment;
(e) Approving and allocating funding for research
projects conducted by the institute;
(f) In cooperation with the department of community,
trade, and economic development, developing a biennial
work plan and five-year strategic plan for the institute that are
consistent with the statewide technology development and
commercialization goals;
(g) Coordinating with public, independent, and private
institutions of higher education, and other participating institutions of higher education in the development of training,
research, and development programs to be conducted at the
institute that are targeted to meet industrial needs;
(h) Assisting the department of community, trade, and
economic development in the department’s efforts to develop
state science and technology public policies and coordinate
publicly funded programs;
(i) Reviewing annual progress reports on funded
research projects;
(j) Providing an annual report to the governor and the
legislature detailing the activities and performance of the
institute; and
(k) Submitting annually to the department of community, trade, and economic development an updated strategic
plan and a statement of performance measured against the
mission, roles, and contractual obligations of the institute.
(5) The board may enter into contracts to fulfill its
responsibilities and purposes under this chapter. [1998 c 344
§ 10.]
Intent—Findings—1998 c 344: See note following RCW 28B.38.010.
28B.38.030
28B.38.030 Support from participating institutions.
Staff support for programs will be provided from among the
cooperating institutions through cooperative agreements.
Cooperating institutions are Washington State University as
the senior research partner, Eastern Washington University,
Central Washington University, the University of Washington, Gonzaga University, Whitworth College, and other participating institutions of higher education. [1998 c 344 § 11.]
Intent—Findings—1998 c 344: See note following RCW 28B.38.010.
[Title 28B RCW—page 130]
28B.38.040 Operating staff—Cooperative agreements for programs and research. The director of the Spokane intercollegiate research and technology institute may
hire staff as necessary to operate the institution. The director
may enter into cooperative agreements for programs and
research with public and private organizations including state
and nonstate funding agencies consistent with policies of the
Spokane intercollegiate research and technology institute.
[1998 c 344 § 12.]
28B.38.040
Intent—Findings—1998 c 344: See note following RCW 28B.38.010.
28B.38.050 Role of department of community, trade,
and economic development. The department of community, trade, and economic development shall contract with the
institute for the expenditure of state-appropriated funds for
the operation of the institute. The department of community,
trade, and economic development shall provide guidance to
the institute regarding expenditure of state-appropriated
funds and the development of the institute’s strategic plan.
The director of the department of community, trade, and economic development shall not withhold funds appropriated for
the institute if the institute complies with the provisions of its
contract with the department of community, trade, and economic development. The department is responsible to the legislature for the contractual performance of the institute.
[1998 c 344 § 13.]
28B.38.050
Intent—Findings—1998 c 344: See note following RCW 28B.38.010.
28B.38.060 Availability of facilities to other institutions. The facilities of the institute shall be made available to
other institutions of higher education within the state when
this would benefit specific program needs. [1998 c 344 § 14.]
28B.38.060
Intent—Findings—1998 c 344: See note following RCW 28B.38.010.
28B.38.070 Authority to receive and expend funds.
The board may receive and expend federal funds and any private gifts or grants to further the purpose of the institute. The
funds are to be expended in accordance with federal and state
law and any conditions contingent in the grant of those funds.
[1998 c 344 § 15.]
28B.38.070
Intent—Findings—1998 c 344: See note following RCW 28B.38.010.
28B.38.900 Captions not law. Captions used in this
chapter are not any part of the law. [1998 c 344 § 16.]
28B.38.900
Chapter 28B.40
Chapter 28B.40 RCW
THE EVERGREEN STATE COLLEGE
Sections
28B.40.010
28B.40.100
28B.40.105
28B.40.110
28B.40.120
28B.40.190
28B.40.195
28B.40.196
28B.40.200
28B.40.206
28B.40.230
28B.40.300
Designation.
Trustees—Appointment—Terms—Quorum—Vacancies.
Trustees—Organization and officers of board—Quorum.
Trustees—Meetings of board.
Trustees—General powers and duties of board.
Trustees—Fire protection services.
Treasurer—Appointment, term, duties, bonds.
Credits—Statewide transfer policy and agreement—Establishment.
Bachelor degrees authorized.
Degrees through master’s degrees authorized—Limitations—
Honorary bachelor’s or master’s degrees.
Certificates, diplomas—Signing—Contents.
Model schools and training departments—Purpose.
(2008 Ed.)
The Evergreen State College
28B.40.305 Model schools and training departments—Trustees to estimate
number of pupils required.
28B.40.310 Model schools and training departments—Requisitioning of
pupils—President may refuse admission.
28B.40.315 Model schools and training departments—Report of attendance.
28B.40.320 High-technology education and training.
28B.40.350 Suspension and expulsion.
28B.40.360 State college fees.
28B.40.370 Disposition of building fees and normal school fund revenues—Bond payments—Capital projects accounts for construction, equipment, maintenance of buildings, etc.
28B.40.390 Duties of president.
28B.40.500 Annuities and retirement income plans for faculty members.
28B.40.505 Tax deferred annuities for employees.
FINANCING BUILDINGS AND FACILITIES—1961 ACT
28B.40.700 Construction, remodeling, improvement, financing, etc.—
Authorized.
28B.40.710 Definitions.
28B.40.720 Contracts, issuance of evidences of indebtedness, bonds,
acceptance of grants.
28B.40.730 Bonds—Issuance, sale, form, term, interest, etc.—Covenants—Deposit of proceeds.
28B.40.740 Disposition of building fees and normal school fund revenues—Bond payments, etc.
28B.40.750 Funds payable into bond retirement funds—Pledge of building
fees.
28B.40.751 Disposition of certain normal school fund revenues.
28B.40.760 Additional powers of board—Issuance of bonds, investments,
transfer of funds, etc.
28B.40.770 Refunding bonds.
28B.40.780 Bonds not general obligation—Legislature may provide additional means of payment.
28B.40.790 Other laws not repealed or limited.
28B.40.795 Acquisition, construction, equipping and betterment of lands,
buildings and facilities at universities and The Evergreen
State College.
28B.40.810 The Evergreen State College—Established.
28B.40.820 The Evergreen State College—Trustees—Appointment—
Terms.
28B.40.830 The Evergreen State College—Trustees, powers and duties—
Existing statutes as applicable to college—Federal benefits
and donations.
Acquisition of property, powers: RCW 28B.10.020.
Athletic printing and concessions, bids required: RCW 28B.10.640.
Bond issue of 1977 for the refunding of outstanding limited obligation revenue bonds of institutions of higher education: Chapter 28B.14C RCW.
Bond issues for buildings and facilities: RCW 28B.10.300 through
28B.10.330.
British Columbia—Tuition and fees—Reciprocity with Washington: RCW
28B.15.756 and 28B.15.758.
Buildings and facilities
borrowing money for: RCW 28B.10.300(4).
no state liability: RCW 28B.10.330.
rate of interest: RCW 28B.10.325.
contracts for construction and installation: RCW 28B.10.300(1).
contracts to pay as rentals the costs of acquiring: RCW 28B.10.300(5).
lease of campus lands for: RCW 28B.10.300(3).
purchase or lease of land for: RCW 28B.10.300(2).
use of acquired: RCW 28B.10.305.
Chapter as affecting The Evergreen State College building revenue bonds:
RCW 28B.14C.130.
Commercial activities by institutions of higher education—Development of
policies governing: Chapter 28B.63 RCW.
Courses, studies and instruction
physical education: RCW 28B.10.700.
state board to approve courses leading to teacher certification: RCW
28B.40.120(3).
Development of methods and protocols for measuring educational costs—
Schedule of educational cost study reports: RCW 28B.76.310.
Eminent domain by: RCW 28B.10.020.
Entrance requirements: RCW 28B.10.050.
approval by state board of education of courses leading to teacher certification: RCW 28B.40.120(3).
(2008 Ed.)
28B.40.100
Eye protection, public educational institutions: RCW 70.100.010 through
70.100.040.
Faculty members and employees, insurance: RCW 28B.10.660.
Faculty members of institutions of higher education, remunerated professional leaves for: RCW 28B.10.650.
Flag, display: RCW 28B.10.030.
Funds
Central College fund, abolished and moneys transferred to general fund:
RCW 43.79.300, 43.79.302.
Central College fund, appropriations, warrants, to be paid from general
fund: RCW 43.79.301, 43.79.303.
Eastern College fund, abolished and moneys transferred to general fund:
RCW 43.79.310, 43.79.312.
Eastern College fund, appropriations, warrants, to be paid from general
fund: RCW 43.79.311, 43.79.313.
moneys paid into general fund for support of: RCW 43.79.180.
normal school current fund, sources: RCW 43.79.180.
normal school grant to colleges of education: RCW 43.79.150.
normal school permanent fund: RCW 43.79.160.
Western College fund, abolished and moneys transferred to general fund:
RCW 43.79.320, 43.79.322.
Western College fund, appropriations, warrants, to be paid from general
fund: RCW 43.79.321, 43.79.323.
Governing body of recognized student association at college or university,
open public meetings act applicable to: RCW 42.30.200.
Idaho—Tuition and fees—Reciprocity with Washington: RCW 28B.15.750
through 28B.15.754.
Insurance for officers, employees and students: RCW 28B.10.660.
Oregon—Tuition and fees—Reciprocity with Washington: RCW 28B.15.730
through 28B.15.736.
Real property, acquisition of authorized: RCW 28B.10.020.
Students
insurance: RCW 28B.10.660.
loan fund under national defense education act: RCW 28B.10.280.
28B.40.010 Designation. The only state college in
Washington shall be in Thurston county, The Evergreen State
College. [1977 ex.s. c 169 § 64; 1969 ex.s. c 223 §
28B.40.010. Prior: 1967 c 47 § 6; 1961 c 62 § 2; 1957 c 147
§ 2; prior: (i) 1909 c 97 p 251 § 1, part; 1897 c 118 § 212;
1893 c 107 § 1; RRS § 4604, part. (ii) 1937 c 23 § 1; RRS §
4604-1. (iii) 1937 c 23 § 2; RRS § 4604-2. (iv) 1937 c 23 § 3;
RRS § 4604-3. Formerly RCW 28.81.010.]
28B.40.010
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.40.100 Trustees—Appointment—Terms—Quorum—Vacancies. (1) The governance of The Evergreen
State College shall be vested in a board of trustees consisting
of eight members, one of whom shall be a student. The governor shall select the student member from a list of candidates, of at least three and not more than five, submitted by
the student body. They shall be appointed by the governor
with the consent of the senate and, except for the student
member, shall hold their offices for a term of six years from
the first day of October and until their successors are
appointed and qualified. The student member shall hold his
or her office for a term of one year from the first day of July
and until the first day of July of the following year or until his
or her successor is appointed and qualified, whichever is
later. The student member shall be a full-time student in
good standing at the college at the time of appointment.
(2) Five members of the board constitute a quorum for
the transaction of business. In case of a vacancy, or when an
appointment is made after the date of expiration of the term,
28B.40.100
[Title 28B RCW—page 131]
28B.40.105
Title 28B RCW: Higher Education
the governor shall fill the vacancy for the remainder of the
term of the trustee whose office has become vacant or
expired.
(3) Except for the term of the student member, no more
than the terms of two members will expire simultaneously on
the last day of September in any one year.
(4) A student appointed under this section shall excuse
himself or herself from participation or voting on matters
relating to the hiring, discipline, or tenure of faculty members
and personnel. [2006 c 78 § 4; 1998 c 95 § 4; 1985 c 137 § 2;
1979 ex.s. c 103 § 5; 1977 ex.s. c 169 § 65; 1973 c 62 § 11;
1969 ex.s. c 223 § 28B.40.100. Prior: 1967 ex.s. c 5 § 2;
1957 c 147 § 3; prior: (i) 1909 c 97 p 251 § 1, part; 1897 c
118 § 212; 1893 c 107 § 1; RRS § 4604, part. (ii) 1909 c 97
p 251 § 2; 1897 c 118 § 213; 1893 c 107 § 2; RRS § 4605.
Formerly RCW 28.81.020.]
Present terms not affected—Severability—1979 ex.s. c 103: See
notes following RCW 28B.20.100.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
28B.40.105 Trustees—Organization and officers of
board—Quorum. The board of The Evergreen State College trustees shall elect one of its members chairman, and it
shall elect a secretary, who may or may not be a member of
the board. The board shall have power to adopt bylaws for its
government and for the government of the school, which
bylaws shall not be inconsistent with law, and to prescribe the
duties of its officers, committees and employees. A majority
of the board shall constitute a quorum for the transaction of
all business. [1977 ex.s. c 169 § 66; 1969 ex.s. c 223 §
28B.40.105. Prior: 1909 p 252 § 3; RRS § 4606; prior: 1897
c 118 § 214; 1893 c 107 § 3. Formerly RCW 28.81.030 and
28.81.050(1), (2).]
28B.40.105
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.40.110 Trustees—Meetings of board. The board
of The Evergreen State College trustees shall hold at least
two regular meetings each year, at such times as may be provided by the board. Special meetings shall be held as may be
deemed necessary, whenever called by the chairman or by a
majority of the board. Public notice of all meetings shall be
given in accordance with chapter 42.32 RCW. [1977 ex.s. c
169 § 67; 1969 ex.s. c 223 § 28B.40.110. Prior: 1917 c 128 §
1, part; 1909 c 97 p 253 § 6, part; RRS § 4609, part; prior:
1897 c 118 § 217, part; 1893 c 107 § 6, part. Formerly RCW
28.81.040, part.]
28B.40.110
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Open public meetings act: Chapter 42.30 RCW.
28B.40.120 Trustees—General powers and duties of
board. In addition to any other powers and duties prescribed
by law, the board of trustees of The Evergreen State College:
(1) Shall have full control of the state college and its
property of various kinds, except as otherwise provided by
law.
28B.40.120
[Title 28B RCW—page 132]
(2) Shall employ the president of the state college, his
assistants, members of the faculty, and other employees of
the institution, who, except as otherwise provided by law,
shall hold their positions, until discharged therefrom by the
board for good and lawful reason.
(3) With the assistance of the faculty of the state college,
shall prescribe the course of study in the various schools and
departments thereof and publish such catalogues thereof as
the board deems necessary: PROVIDED, That the Washington professional educator standards board shall determine the
requisites for and give program approval of all courses leading to teacher certification by such board.
(4) Establish such divisions, schools or departments necessary to carry out the purposes of the college and not otherwise proscribed by law.
(5) Except as otherwise provided by law, may establish
and erect such new facilities as determined by the board to be
necessary for the college.
(6) May acquire real and other property as provided in
RCW 28B.10.020, as now or hereafter amended.
(7) Except as otherwise provided by law, may purchase
all supplies and purchase or lease equipment and other personal property needed for the operation or maintenance of the
college.
(8) May establish, lease, operate, equip and maintain
self-supporting facilities in the manner provided in RCW
28B.10.300 through 28B.10.330, as now or hereafter
amended.
(9) Except as otherwise provided by law, to enter into
such contracts as the trustees deem essential to college purposes.
(10) May receive such gifts, grants, conveyances,
devises and bequests of real or personal property from whatsoever source, as may be made from time to time, in trust or
otherwise, whenever the terms and conditions thereof will aid
in carrying out the college programs; sell, lease or exchange,
invest or expend the same or the proceeds, rents, profits and
income thereof except as limited by the terms and conditions
thereof; and adopt regulations to govern the receipt and
expenditure of the proceeds, rents, profits and income
thereof.
(11) Subject to the approval of the higher education
coordinating board pursuant to RCW 28B.76.230, offer new
degree programs, offer off-campus programs, participate in
consortia or centers, contract for off-campus educational programs, and purchase or lease major off-campus facilities.
(12) May promulgate such rules and regulations, and
perform all other acts not forbidden by law, as the board of
trustees may in its discretion deem necessary or appropriate
to the administration of the college. [2006 c 263 § 825; 2004
c 275 § 56; 1985 c 370 § 95; 1977 ex.s. c 169 § 68; 1969 ex.s.
c 223 § 28B.40.120. Prior: 1909 c 97 p 252 § 4; RRS § 4607;
prior: 1905 c 85 § 1; 1897 c 118 § 215; 1893 c 107 § 4. Formerly RCW 28.81.050.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
(2008 Ed.)
The Evergreen State College
28B.40.190 Trustees—Fire protection services. Subject to the provisions of RCW 35.21.779, the board of trustees of The Evergreen State College may:
(1) Contract for such fire protection services as may be
necessary for the protection and safety of the students, staff
and property of the college;
(2) By agreement pursuant to the provisions of chapter
239, Laws of 1967 (chapter 39.34 RCW), as now or hereafter
amended, join together with other agencies or political subdivisions of the state or federal government and otherwise
share in the accomplishment of any of the purposes of subsection (1) of this section:
PROVIDED, HOWEVER, That neither the failure of the
trustees to exercise any of its powers under this section nor
anything herein shall detract from the lawful and existing
powers and duties of political subdivisions of the state to provide the necessary fire protection equipment and services to
persons and property within their jurisdiction. [1992 c 117 §
2; 1977 ex.s. c 169 § 69; 1970 ex.s. c 15 § 28.]
28B.40.190
Findings—1992 c 117: See note following RCW 35.21.775.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Severability—1970 ex.s. c 15: See note following RCW 28A.230.160.
28B.40.195 Treasurer—Appointment, term, duties,
bonds. Each board of state college trustees shall appoint a
treasurer who shall be the financial officer of the board and
who shall hold office during the pleasure of the board. Each
treasurer shall render a true and faithful account of all moneys received and paid out by him, and shall give bond for the
faithful performance of the duties of his office in such
amount as the trustees require: PROVIDED, That the respective colleges shall pay the fees for any such bonds. [1977 c
52 § 1.]
28B.40.195
Regional universities—Designation: RCW 28B.35.010.
28B.40.196 Credits—Statewide transfer policy and
agreement—Establishment. See RCW 28B.76.240 and
28B.76.2401.
28B.40.196
28B.40.200 Bachelor degrees authorized. The degree
of bachelor of arts or the degree of bachelor of science and/or
the degree of bachelor of arts in education may be granted to
any student who has completed a four-year course of study or
the equivalent thereof in The Evergreen State College. [1977
ex.s. c 169 § 70; 1969 ex.s. c 223 § 28B.40.200. Prior: 1967
c 231 § 1; 1967 c 47 § 7; 1947 c 109 § 1; 1933 c 13 § 1; Rem.
Supp. 1947 § 4618-1. Formerly RCW 28.81.052;
28.81.050(16).]
28B.40.200
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.40.206 Degrees through master’s degrees authorized—Limitations—Honorary bachelor’s or master’s
degrees. In addition to all other powers and duties given to
them by law, the board of trustees of The Evergreen State
College is hereby authorized to grant any degree through the
master’s degree to any student who has completed a program
of study and/or research in those areas which are determined
by the faculty and board of trustees of the college to be appro28B.40.206
(2008 Ed.)
28B.40.305
priate for the granting of such degree: PROVIDED, That any
degree authorized under this section shall be subject to the
review and approval of the higher education coordinating
board.
The board of trustees, upon recommendation of the faculty, may also confer honorary bachelor’s or master’s degrees
upon persons other than graduates of the institution, in recognition of their learning or devotion to education, literature,
art, or science. No degree may be conferred in consideration
of the payment of money or the donation of any kind of property. [1991 c 58 § 3; 1985 c 370 § 85; 1979 ex.s. c 78 § 1.]
Severability—1979 ex.s. c 78: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1979 ex.s. c 78 § 4.]
28B.40.230 Certificates, diplomas—Signing—Contents. Every diploma issued by The Evergreen State College
shall be signed by the chairman of the board of trustees and
by the president of the state college, and sealed with the
appropriate seal. In addition to the foregoing, teaching certificates shall be countersigned by the state superintendent of
public instruction. Every certificate shall specifically state
what course of study the holder has completed and for what
length of time such certificate is valid in the schools of the
state. [1977 ex.s. c 169 § 72; 1969 ex.s. c 223 § 28B.40.230.
Prior: 1917 c 128 § 4; 1909 c 97 p 254 § 9; RRS § 4615;
prior: 1897 c 118 § 220; 1895 c 146 § 2; 1893 c 107 § 13.
Formerly RCW 28.81.056; 28.81.050(15).]
28B.40.230
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.40.300 Model schools and training departments—Purpose. A model school or schools or training
departments may be provided for The Evergreen State College, in which students, before graduation, may have actual
practice in teaching or courses relative thereto under the
supervision and observation of critic teachers. All schools or
departments involved herewith shall organize and direct their
work being cognizant of public school needs. [1977 ex.s. c
169 § 73; 1969 ex.s. c 223 § 28B.40.300. Prior: 1917 c 128 §
2; 1909 c 97 p 253 § 8; RRS § 4611; prior: 1897 c 118 § 219;
1893 c 107 § 12. Formerly RCW 28.81.058; 28.81.050(12).]
28B.40.300
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.40.305 Model schools and training departments—Trustees to estimate number of pupils required.
The board of trustees of The Evergreen State College, if having a model school or training department as authorized by
RCW 28B.40.300, shall, on or before the first Monday of
September of each year, file with the board of the school district or districts in which such state college is situated, a certified statement showing an estimate of the number of public
school pupils who will be required to make up such model
school and specifying the number required for each grade for
which training for students is required. [1977 ex.s. c 169 §
74; 1969 ex.s. c 223 § 28B.40.305. Prior: 1907 c 97 § 1; RRS
§ 4612. Formerly RCW 28.81.059; 28.81.050(13).]
28B.40.305
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
[Title 28B RCW—page 133]
28B.40.310
Title 28B RCW: Higher Education
28B.40.310
28B.40.310 Model schools and training departments—Requisitioning of pupils—President may refuse
admission. It shall thereupon be the duty of the board of the
school district or districts with which such statement has been
filed, to apportion for attendance to the said model school or
training department, a sufficient number of pupils from the
public schools under the supervision of said board as will furnish to The Evergreen State College the number of pupils
required in order to maintain such facility: PROVIDED,
That the president of said state college may refuse to accept
any such pupil as in his judgment would tend to reduce the
efficiency of said model school or training department.
[1977 ex.s. c 169 § 75; 1969 ex.s. c 223 § 28B.40.310. Prior:
1907 c 97 § 2; RRS § 4613. Formerly RCW 28.81.060.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.40.315
28B.40.315 Model schools and training departments—Report of attendance. Annually, on or before the
date for reporting the school attendance of the school district
in which said model school or training department is situated,
for the purpose of taxation for the support of the common
schools, the board of trustees of The Evergreen State College,
since having supervision over the same, shall file with the
board of the school district or districts, in which such model
school or training department is situated, a report showing the
number of common school pupils at each such model school
or training department during the school year last passed, and
the period of their attendance in the same form that reports of
public schools are made. Any superintendent of the school
district so affected shall, in reporting the attendance in said
school district, segregate the attendance at said model school
or training department, from the attendance in the other
schools of said district: PROVIDED, That attendance shall
be credited, if credit be given therefor, to the school district in
which the pupil resides. [1977 ex.s. c 169 § 76; 1969 ex.s. c
223 § 28B.40.315. Prior: 1917 c 128 § 3; 1907 c 97 § 3; RRS
§ 4614. Formerly RCW 28.81.061; 28.81.050(14).]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.40.370 Disposition of building fees and normal
school fund revenues—Bond payments—Capital projects
accounts for construction, equipment, maintenance of
buildings, etc. See RCW 28B.35.370.
28B.40.370
28B.40.390 Duties of president. The president of The
Evergreen State College shall have general supervision of the
college and see that all laws and rules of the board of trustees
are observed. [1977 ex.s. c 169 § 81; 1969 ex.s. c 223 §
28B.40.390. Prior: 1909 c 97 p 253 § 7; RRS § 4610; prior:
1897 c 118 § 218; 1893 c 107 § 7. Formerly RCW
28.81.110.]
28B.40.390
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.40.500 Annuities and retirement income plans
for faculty members. See RCW 28B.10.400 through
28B.10.423.
28B.40.500
28B.40.505 Tax deferred annuities for employees.
See RCW 28B.10.480.
28B.40.505
FINANCING BUILDINGS AND FACILITIES—1961 ACT
28B.40.700 Construction, remodeling, improvement,
financing, etc.—Authorized. See RCW 28B.35.700.
28B.40.700
28B.40.710 Definitions.
28B.40.710
See RCW 28B.35.710.
28B.40.720 Contracts, issuance of evidences of
indebtedness, bonds, acceptance of grants. See RCW
28B.35.720.
28B.40.720
28B.40.730 Bonds—Issuance, sale, form, term, interest, etc.—Covenants—Deposit of proceeds. See RCW
28B.35.730.
28B.40.730
28B.40.740 Disposition of building fees and normal
school fund revenues—Bond payments, etc. See RCW
28B.35.370.
28B.40.740
28B.40.750 Funds payable into bond retirement
funds—Pledge of building fees. See RCW 28B.35.750.
28B.40.750
28B.40.320
28B.40.320 High-technology education and training.
See chapter 28B.65 RCW.
28B.40.751 Disposition of certain normal school fund
revenues. See RCW 28B.35.751.
28B.40.751
28B.40.350
28B.40.350 Suspension and expulsion. Any student
may be suspended or expelled from The Evergreen State College who is found to be guilty of an infraction of the regulations of the institution. [1977 ex.s. c 169 § 77; 1969 ex.s. c
223 § 28B.40.350. Prior: 1961 ex.s. c 13 § 2, part; prior: (i)
1909 c 97 p 255 § 13; RRS § 4620. (ii) 1921 c 136 § 1, part;
1905 c 85 § 3, part; RRS § 4616, part. Formerly RCW
28.81.070.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.40.360
28B.40.360 State college fees.
RCW.
[Title 28B RCW—page 134]
See chapter 28B.15
28B.40.760 Additional powers of board—Issuance of
bonds, investments, transfer of funds, etc. See RCW
28B.35.760.
28B.40.760
28B.40.770 Refunding bonds. See RCW 28B.35.770.
28B.40.770
28B.40.780 Bonds not general obligation—Legislature may provide additional means of payment. See
RCW 28B.35.780.
28B.40.780
28B.40.790 Other laws not repealed or limited.
RCW 28B.35.790.
28B.40.790
See
(2008 Ed.)
Branch Campuses
28B.40.795 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities
and The Evergreen State College. See RCW 28B.10.300
through 28B.10.330.
28B.45.012
28B.45.010
28B.45.012
28B.45.014
islature also finds that a citizen’s place of residence can
restrict that citizen’s access to educational opportunity at the
upper division and graduate level.
Because most of the state-supported baccalaureate universities are located in areas removed from major metropolitan areas, the legislature finds that many of the state’s citizens, especially those citizens residing in the central Puget
Sound area, the Tri-Cities, Spokane, Vancouver, and
Yakima, have insufficient and inequitable access to upperdivision baccalaureate and graduate education.
This lack of sufficient educational opportunities in urban
areas makes it difficult or impossible for place-bound individuals, who are unable to relocate, to complete a baccalaureate or graduate degree. It also exacerbates the difficulty
financially needy students have in attending school, since
many of those students need to work, and work is not always
readily available in some communities where the baccalaureate institutions of higher education are located.
The lack of sufficient educational opportunities in metropolitan areas also affects the economy of the underserved
communities. Businesses benefit from access to the research
and teaching capabilities of institutions of higher education.
The absence of these institutions from some of the state’s
major urban centers prevents beneficial interaction between
businesses in these communities and the state’s universities.
The Washington state master plan for higher education,
adopted by the higher education coordinating board, recognizes the need to expand upper-division and graduate educational opportunities in the state’s large urban centers. The
board has also attempted to provide a means for helping to
meet future educational demand through a system of branch
campuses in the state’s major urban areas.
The legislature endorses the assignment of responsibility
to serve these urban centers that the board has made to various institutions of higher education. The legislature also
endorses the creation of branch campuses for the University
of Washington and Washington State University.
The legislature recognizes that, among their other
responsibilities, the state’s comprehensive community colleges share with the four-year universities and colleges the
responsibility of providing the first two years of a baccalaureate education. It is the intent of the legislature that the fouryear institutions and the community colleges work as cooperative partners to ensure the successful and efficient operation
of the state’s system of higher education. The legislature further intends that the four-year institutions work cooperatively
with the community colleges to ensure that branch campuses
are operated as models of a two plus two educational system.
[1989 1st ex.s. c 7 § 1.]
28B.45.010 Legislative findings. The legislature finds
that the benefits of higher education should be more widely
available to the citizens of the state of Washington. The leg-
28B.45.012 Findings—Intent. (1) In 1989, the legislature created five branch campuses to be operated by the
state’s two public research universities. Located in growing
urban areas, the branch campuses were charged with two
missions:
(a) Increasing access to higher education by focusing on
upper division and graduate programs, targeting placebound
students, and operating as models of a two plus two educational system in cooperation with the community colleges;
and
28B.40.795
28B.40.810 The Evergreen State College—Established. There is hereby established in Thurston county a state
college, The Evergreen State College. [1969 ex.s. c 223 §
28B.40.810. Prior: 1967 c 47 § 2. Formerly RCW
28.81.610.]
28B.40.810
Legislative declaration of purpose: See 1967 c 47 § 1.
Site selection and initial procedure to prepare college for reception of students: See 1967 c 47 § 4.
28B.40.820 The Evergreen State College—Trustees—Appointment—Terms. The terms of office and date
of commencement thereof of the five member board of trustees of The Evergreen State College appointed by the governor prior to August 1, 1967, shall be the same as prescribed
by law for trustees of state colleges under RCW 28B.40.100,
as now or hereafter amended, except that initial appointments
shall be for terms as follows: One for two years, one for three
years, one for four years, one for five years, and one for six
years. [1969 ex.s. c 223 § 28B.40.820. Prior: 1967 c 47 § 3.
Formerly RCW 28.81.620.]
28B.40.820
28B.40.830 The Evergreen State College—Trustees,
powers and duties—Existing statutes as applicable to college—Federal benefits and donations. The board of trustees of The Evergreen State College shall have all the powers
and duties as are presently or may hereafter be granted to
existing state colleges by law. All statutes pertaining to the
existing state colleges shall have full force and application to
The Evergreen State College.
The Evergreen State College is hereby deemed entitled
to receive and share in all the benefits and donations made
and given to similar institutions by the enabling act or other
federal law to the same extent as other state colleges are entitled to receive and share in such benefits and donations.
[1969 ex.s. c 223 § 28B.40.830. Prior: 1967 c 47 § 5. Formerly RCW 28.81.630.]
28B.40.830
Chapter 28B.45
Chapter 28B.45 RCW
BRANCH CAMPUSES
Sections
Legislative findings.
Findings—Intent.
Mission—Collaboration with community and technical colleges—Alternative models—Legislative intent—Monitoring and evaluation—Reports to the legislature.
28B.45.020 University of Washington Tacoma—University of Washington Bothell.
28B.45.0201 Findings.
28B.45.030 Washington State University—Tri-Cities area.
28B.45.040 Washington State University Vancouver.
28B.45.060 Central Washington University—Yakima area.
28B.45.080 Partnership between community and technical colleges and
branch campuses.
28B.45.010
(2008 Ed.)
28B.45.012
[Title 28B RCW—page 135]
28B.45.014
Title 28B RCW: Higher Education
(b) Promoting regional economic development by
responding to demand for degrees from local businesses and
supporting regional economies through research activities.
(2) Fifteen years later, the legislature finds that branch
campuses are responding to their original mission:
(a) Branch campuses accounted for half of statewide
upper division and graduate public enrollment growth since
1990;
(b) Branch campuses have grown steadily and enroll
increasing numbers of transfer students each year;
(c) Branch campuses enroll proportionately more older
and part-time students than their main campuses and attract
increasing proportions of students from nearby counties;
(d) Although the extent of their impact has not been measured, branch campuses positively affect local economies and
offer degree programs that roughly correspond with regional
occupational projections; and
(e) The capital investments made by the state to support
branch campuses represent a significant benefit to regional
economic development.
(3) However, the legislature also finds the policy landscape in higher education has changed since the original creation of the branch campuses. Demand for access to baccalaureate and graduate education is increasing rapidly. Economic development efforts increasingly recognize the
importance of focusing on local and regional economic clusters and improving collaboration among communities, businesses, and colleges and universities. Each branch campus
has evolved into a unique institution, and it is appropriate to
assess the nature of this evolution to ensure the role and mission of each campus is aligned with the state’s higher education goals and the needs of the region where the campus is
located.
(4) Therefore, it is the legislature’s intent to recognize
the unique nature of Washington’s higher education branch
campuses, reaffirm the role and mission of each, and set the
course for their continued future development.
(5) It is the further intent of the legislature that the campuses be identified by the following names: University of
Washington Bothell, University of Washington Tacoma,
Washington State University Tri-Cities, and Washington
State University Vancouver. [2004 c 57 § 1.]
28B.45.014 Mission—Collaboration with community
and technical colleges—Alternative models—Legislative
intent—Monitoring and evaluation—Reports to the legislature. (1) The primary mission of the higher education
branch campuses created under this chapter remains to
expand access to baccalaureate and master’s level graduate
education in underserved urban areas of the state in collaboration with community and technical colleges. The top priority for each of the campuses is to expand courses and degree
programs for transfer and graduate students. New degree
programs should be driven by the educational needs and
demands of students and the community, as well as the economic development needs of local businesses and employers.
(2) Branch campuses shall collaborate with the community and technical colleges in their region to develop articulation agreements, dual admissions policies, and other partnerships to ensure that branch campuses serve as innovative
models of a two plus two educational system. Other possibil28B.45.014
[Title 28B RCW—page 136]
ities for collaboration include but are not limited to joint
development of curricula and degree programs, colocation of
instruction, and arrangements to share faculty.
(3) In communities where a private postsecondary institution is located, representatives of the private institution may
be invited to participate in the conversation about meeting the
baccalaureate and master’s level graduate needs in underserved urban areas of the state.
(4) However, the legislature recognizes there are alternative models for achieving this primary mission. Some campuses may have additional missions in response to regional
needs and demands. At selected branch campuses, an innovative combination of instruction and research targeted to
support regional economic development may be appropriate
to meet the region’s needs for both access and economic viability. Other campuses should focus on becoming models of
a two plus two educational system through continuous
improvement of partnerships and agreements with community and technical colleges. Still other campuses may be best
suited to transition to a four-year university or be removed
from designation as a branch campus entirely.
(5) The legislature recognizes that size, mix of degree
programs, and proportion of lower versus upper division and
graduate enrollments are factors that affect costs at branch
campuses. However over time, the legislature intends that
branch campuses be funded more similarly to regional universities.
(6) In consultation with the higher education coordinating board, a branch campus may propose legislation to authorize practice-oriented or professional doctoral programs if:
(a) Unique research facilities and equipment are located near
the campus; or (b) the campus can clearly demonstrate student and employer demand in the region that is linked to
regional economic development.
(7) It is not the legislature’s intent to have each campus
chart its own future path without legislative guidance.
Instead, the legislature intends to consider carefully the mission and model of education that best suits each campus and
best meets the needs of students, the community, and the
region. The higher education coordinating board shall monitor and evaluate the addition of lower division students to the
branch campuses and periodically report and make recommendations to the higher education committees of the legislature to ensure the campuses continue to follow the priorities
established under this chapter. [2005 c 258 § 2; 2004 c 57 §
2.]
Findings—Intent—2005 c 258: "(1) Since their creation in 1989, the
research university branch campuses have significantly expanded access to
baccalaureate and graduate education for placebound students in Washington’s urban and metropolitan cities. Furthermore, the campuses have contributed to community revitalization and economic development in their
regions. The campuses have met their overall mission through the development of new degree programs and through collaboration with community
and technical colleges. These findings were confirmed by a comprehensive
review of the campuses by the Washington state institute for public policy in
2002 and 2003, and reaffirmed through legislation enacted in 2004 that
directed four of the campuses to make recommendations for their future evolution.
(2) The self-studies conducted by the University of Washington Bothell, University of Washington Tacoma, Washington State University Tri-Cities, and Washington State University Vancouver reflect thoughtful and strategic planning and involved the input of numerous students, faculty, community and business leaders, community colleges, advisory committees, and
board members. The higher education coordinating board’s careful review
(2008 Ed.)
Branch Campuses
provides a statewide context for the legislature to implement the next stage
of the campuses.
(3) Concurrently, the higher education coordinating board has developed a strategic master plan for higher education that sets a goal of increasing the number of students who earn college degrees at all levels: Associate,
baccalaureate, and graduate. The strategic master plan also sets a goal to
increase the higher education system’s responsiveness to the state’s economic needs.
(4) The legislature finds that to meet both of the master plan’s goals
and to provide adequate educational opportunities for Washington’s citizens,
additional access is needed to baccalaureate degree programs. Expansion of
the four campuses is one strategy for achieving the desired outcomes of the
master plan. Other strategies must also be implemented through service
delivery models that reflect both regional demands and statewide priorities.
(5) Therefore, the legislature intends to increase baccalaureate access
and encourage economic development through overall expansion of upper
division capacity, continued development of two plus two programs in some
areas of the state, authorization of four-year university programs in other
areas of the state, and creation of new types of baccalaureate programs on a
pilot basis. These steps will make significant progress toward achieving the
master plan goals, but the legislature will also continue to monitor the development of the higher education system and evaluate what additional changes
or expansion may be necessary." [2005 c 258 § 1.]
28B.45.020
28B.45.020 University of Washington Tacoma—University of Washington Bothell. (1) The University of
Washington is responsible for ensuring the expansion of baccalaureate and graduate educational programs in the central
Puget Sound area under rules or guidelines adopted by the
higher education coordinating board and in accordance with
proportionality agreements emphasizing access for transfer
students developed with the state board for community and
technical colleges. The University of Washington shall meet
that responsibility through the operation of at least two
branch campuses. One branch campus shall be located in the
Tacoma area. Another branch campus shall be collocated
with Cascadia Community College in the Bothell-Woodinville area.
(2) At the University of Washington Tacoma, a top priority is expansion of upper division capacity for transfer students and graduate capacity and programs. Beginning in the
fall of 2006, the campus may offer lower division courses
linked to specific majors in fields not addressed at local community colleges. The campus shall admit lower division students through coadmission or coenrollment agreements with
a community college, or through direct transfer for students
who have accumulated approximately one year of transferable college credits. In addition to offering lower division
courses linked to specific majors as addressed above, the
campus may also directly admit freshmen and sophomores
gradually and deliberately in accordance with the campus
plan submitted to the higher education coordinating board in
2004.
(3) At the University of Washington Bothell, a top priority is expansion of upper division capacity for transfer students and graduate capacity and programs. The campus shall
also seek additional opportunities to collaborate with and
maximize its collocation [colocation] with Cascadia Community College. Beginning in the fall of 2006, the campus may
offer lower division courses linked to specific majors in
fields not addressed at local community colleges. The campus may admit lower division students through coadmission
or coenrollment agreements with a community college, or
through direct transfer for students who have accumulated
approximately one year of transferable college credits. In
(2008 Ed.)
28B.45.030
addition to offering lower division courses linked to specific
majors as addressed above, the campus may also directly
admit freshmen and sophomores gradually and deliberately
in accordance with the campus plan submitted to the higher
education coordinating board in 2004. [2005 c 258 § 3; 1994
c 217 § 3; 1989 1st ex.s. c 7 § 3.]
Findings—Intent—2005 c 258: See note following RCW 28B.45.014.
Effective date—1994 c 217: See note following RCW 28B.45.0201.
28B.45.0201 Findings. The legislature finds that population growth in north King and south Snohomish counties
has created a need to expand higher education and workforce
training programs for the people living and working in those
areas. In keeping with the recommendations of the higher
education coordinating board, the legislature intends to help
address those education and training needs through the creation of Cascadia Community College, expansion of educational opportunities at Lake Washington Technical College,
and support of the University of Washington’s branch campus at Bothell-Woodinville. It is further the intention of the
legislature, in keeping with the higher education coordinating
board recommendations, that the Cascadia Community College and the University of Washington branch campus be collocated, and that the new community college and the University of Washington’s branch campus work in partnership to
ensure that properly prepared students from community colleges and other institutions are able to transfer smoothly to
the branch campus.
The legislature further finds that a governing board for
Cascadia Community College needs to be appointed and confirmed as expeditiously as possible. The legislature intends to
work cooperatively with the governor to facilitate the
appointment and confirmation of trustees for the college.
[1994 c 217 § 1.]
28B.45.0201
Effective date—1994 c 217: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 1, 1994]." [1994 c 217 § 5.]
28B.45.030 Washington State University—Tri-Cities
area. (1) Washington State University is responsible for providing baccalaureate and graduate level higher education programs to the citizens of the Tri-Cities area, under rules or
guidelines adopted by the higher education coordinating
board and in accordance with proportionality agreements
emphasizing access for transfer students developed with the
state board for community and technical colleges. Washington State University shall meet that responsibility through the
operation of a branch campus in the Tri-Cities area. The
branch campus shall replace and supersede the Tri-Cities university center. All land, facilities, equipment, and personnel
of the Tri-Cities university center shall be transferred from
the University of Washington to Washington State University.
(2) In 2005, the legislature authorized the expansion on a
limited basis of Washington State University’s branch campus in the Tri-Cities area. The legislature authorized the TriCities branch campus to continue providing innovative coadmission and coenrollment options with Columbia Basin College, and to expand its upper-division capacity for transfer
students and graduate capacity and programs. The branch
28B.45.030
[Title 28B RCW—page 137]
28B.45.040
Title 28B RCW: Higher Education
campus was given authority beginning in fall 2006 to offer
lower-division courses linked to specific majors in fields not
addressed at the local community colleges. The campus was
also authorized to directly admit freshmen and sophomores
for a bachelor’s degree program in biotechnology subject to
approval by the higher education coordinating board. The
legislature finds that the Tri-Cities community is very
engaged in and committed to exploring the further expansion
of Washington State University Tri-Cities branch campus
into a four-year institution and considers this issue to be a top
priority for the larger Tri-Cities region.
(3) Washington State University Tri-Cities shall continue providing innovative coadmission and coenrollment
options with Columbia Basin College, and expand its upper
division capacity for transfer students and graduate capacity
and programs. The campus shall also seek additional opportunities to collaborate with the Pacific Northwest national
laboratory. Beginning in the fall of 2006, the campus may
offer lower division courses linked to specific majors in
fields not addressed at local community colleges. The campus may admit lower division students through coadmission
or coenrollment agreements with a community college, or
through direct transfer for students who have accumulated
approximately one year of transferable college credits. In
addition to offering lower division courses linked to specific
majors as addressed above, the campus may also directly
admit freshmen and sophomores for a bachelor’s degree program in biotechnology subject to approval by the higher education coordinating board.
(4) The Washington State University Tri-Cities branch
campus shall develop a plan for expanding into a four-year
institution and shall identify new degree programs and course
offerings focused on areas of specific need in higher education that exist in southeastern Washington. The branch campus’s plan should examine the resources and talent available
in the Tri-Cities area, including but not limited to resources
and talent available at the Pacific Northwest national laboratory, and how these resources and talent may best be used by
the Tri-Cities branch campus to expand into a four-year institution. The branch campus shall submit its plan to the legislature and the higher education coordinating board by
November 30, 2006.
(5) Beginning in the fall of 2007, the Washington State
University Tri-Cities branch campus may begin, subject to
approval by the higher education coordinating board, admitting lower-division students directly into programs beyond
the biotechnology field that are identified in its plan as being
in high need in southeastern Washington. Such fields may
include but need not be limited to science, engineering and
technology, biomedical sciences, alternative energy, and
computational and information sciences. By gradually and
deliberately admitting freshmen and sophomores in accordance with its plan, increasing transfer enrollment, and coadmitting transfer students, the campus shall develop into a
four-year institution serving the southeastern Washington
region. [2006 c 166 § 1; 2005 c 258 § 4; 1989 1st ex.s. c 7 §
4.]
Findings—Intent—2005 c 258: See note following RCW 28B.45.014.
[Title 28B RCW—page 138]
28B.45.040 Washington State University Vancouver.
(1) Washington State University is responsible for providing
baccalaureate and graduate level higher education programs
to the citizens of the southwest Washington area, under rules
or guidelines adopted by the higher education coordinating
board and in accordance with proportionality agreements
emphasizing access for transfer students developed with the
state board for community and technical colleges. Washington State University shall meet that responsibility through the
operation of a branch campus in the southwest Washington
area.
(2) Washington State University Vancouver shall
expand upper division capacity for transfer students and
graduate capacity and programs and continue to collaborate
with local community colleges on coadmission and coenrollment programs. In addition, beginning in the fall of 2006, the
campus may admit lower division students directly. By
simultaneously admitting freshmen and sophomores, increasing transfer enrollment, coadmitting transfer students, and
expanding graduate and professional programs, the campus
shall develop into a four-year institution serving the southwest Washington region. [2005 c 258 § 5; 1989 1st ex.s. c 7
§ 5.]
28B.45.040
Findings—Intent—2005 c 258: See note following RCW 28B.45.014.
28B.45.060 Central Washington University—
Yakima area. Central Washington University is responsible
for providing upper-division and graduate level higher education programs to the citizens of the Yakima area, under rules
or guidelines adopted by the higher education coordinating
board. [1989 1st ex.s. c 7 § 7.]
28B.45.060
28B.45.080 Partnership between community and
technical colleges and branch campuses. The higher education coordinating board shall adopt performance measures
to ensure a collaborative partnership between the community
and technical colleges and the branch campuses. The partnership shall be one in which the community and technical
colleges prepare students for transfer to the upper-division
programs of the branch campuses and the branch campuses
work with community and technical colleges to enable students to transfer and obtain degrees efficiently. [2004 c 57 §
5; 1989 1st ex.s. c 7 § 8. Formerly RCW 28B.80.510.]
28B.45.080
Legislative findings—1989 1st ex.s. c 7: See RCW 28B.45.010.
Chapter 28B.50 RCW
COMMUNITY AND TECHNICAL COLLEGES
Chapter 28B.50
(Formerly: Community colleges)
Sections
28B.50.010
28B.50.020
28B.50.030
28B.50.040
28B.50.050
28B.50.060
28B.50.070
28B.50.080
28B.50.085
Short title.
Purpose.
Definitions.
College districts enumerated.
State board for community and technical colleges.
Director of the state system of community and technical colleges—Appointment—Term—Qualifications—Salary
and travel expenses—Duties.
College board—Organization—Meetings—Quorum—Biennial report—Fiscal year.
College board—Offices and office equipment, including necessary expenses.
College board—Treasurer—Appointment, duties, bond—
Depository.
(2008 Ed.)
Community and Technical Colleges
28B.50.090
28B.50.091
28B.50.092
28B.50.093
28B.50.094
28B.50.095
28B.50.096
28B.50.097
28B.50.098
28B.50.100
28B.50.130
28B.50.140
28B.50.1401
28B.50.1402
28B.50.1403
28B.50.1404
28B.50.1405
28B.50.1406
28B.50.141
28B.50.142
28B.50.143
28B.50.145
28B.50.150
28B.50.195
28B.50.196
28B.50.205
28B.50.215
28B.50.239
28B.50.242
28B.50.250
28B.50.252
28B.50.254
28B.50.256
28B.50.259
28B.50.271
28B.50.272
28B.50.273
28B.50.274
28B.50.301
28B.50.302
28B.50.305
28B.50.306
28B.50.307
28B.50.310
28B.50.311
28B.50.312
28B.50.313
28B.50.320
28B.50.327
28B.50.328
28B.50.330
(2008 Ed.)
College board—Powers and duties.
Board to waive fees for students finishing their high school
education.
Program for military personnel—Restrictions as to high
school completion program.
Program for military personnel—Limitation.
Program for military personnel—Costs of funding.
Registration at more than one community and technical college.
Cooperation with workforce training and education coordinating board.
Electronic job bank.
Appointment of trustees for new college district.
Boards of trustees—Generally.
Boards of trustees—Bylaws, rules, and regulations—Chair
and vice-chair—Terms—Quorum.
Boards of trustees—Powers and duties.
Lake Washington Technical College board of trustees.
Renton Technical College board of trustees.
Bellingham Technical College board of trustees.
Bates Technical College board of trustees.
Clover Park Technical College board of trustees.
Cascadia Community College board of trustees.
Credits—Statewide transfer policy and agreement—Establishment.
Treasurer of board—Duties—Bond.
Vendor payments, advances or reimbursements for.
Community or technical college faculty senate.
Out-of-district residence not to affect enrollment for state
resident.
Intercollegiate coaches—Minimum standards encouraged.
Intercollegiate coaches—Training to promote coaching competence and techniques.
AIDS information—Community and technical colleges.
Overlapping service areas—Regional planning agreements.
High-technology education and training.
Video telecommunications programming.
Adult education programs in common school districts, limitations—Certain federal programs, administration.
Districts offering vocational educational programs—Local
advisory committees—Advice on current job needs.
Advisory council on adult education—Work force training
and education coordinating board to monitor.
Facilities shared by vocational-technical institute programs
and K-12 programs.
Program for dislocated forest products workers—Waiver
from tuition and fees.
Opportunity grant program.
Opportunity grant program—Student eligibility—Funding—
Performance measures—Documentation—Annual summary.
Identification of job training programs—Designation as
opportunity grant-eligible programs of study—Marketing.
Opportunity partnership program.
Title to or all interest in real estate, choses in action and assets
obtained for vocational-technical institute purposes by
school districts—Vest in or assigned to district board—
Exceptions.
Title to or all interest in real estate, choses in action and assets
obtained for vocational-technical institute purposes by
school districts—Vest in or assigned to state board for
community and technical colleges—Exceptions.
Seattle Vocational Institute—Findings.
Seattle Vocational Institute—Mission—Advisory committee
to advise.
Seattle Vocational Institute—Funding.
Community college fees.
Community college fees—Waiver of tuition and fees for
long-term unemployed or underemployed persons—Conditions—Rules.
Resident tuition for participants in community college international student exchange program.
Waiver of the nonresident portion of tuition and fees for students of foreign nations.
Fees and other income—Deposit—Disbursement.
Collection of student tuition and fees—Seattle Vocational
Institute.
Waivers of tuition and fees—Scholarships—Employment of
instructional staff and faculty—Seattle Vocational Institute.
Construction, reconstruction, equipping, and demolition of
community and technical college facilities and acquisition
of property—Revenue bond financing—Public bid.
28B.50.340
28B.50.350
28B.50.360
28B.50.370
28B.50.380
28B.50.390
28B.50.400
28B.50.401
28B.50.402
28B.50.403
28B.50.404
28B.50.405
28B.50.406
28B.50.407
28B.50.409
28B.50.410
28B.50.420
28B.50.430
28B.50.440
28B.50.450
28B.50.455
28B.50.460
28B.50.463
28B.50.465
28B.50.468
28B.50.482
28B.50.484
28B.50.489
28B.50.4891
28B.50.4892
28B.50.4893
28B.50.4894
28B.50.490
28B.50.500
28B.50.510
28B.50.520
28B.50.522
28B.50.528
28B.50.530
28B.50.531
Chapter 28B.50
Construction, reconstruction, equipping and demolition of
community and technical college facilities and acquisition
of property—Financing by bonds secured by pledge of
building fees, grants.
Construction, reconstruction, equipping and demolition of
community and technical college facilities and acquisition
of property—Bonds—Requirements.
Construction, reconstruction, equipping, and demolition of
community and technical college facilities and acquisition
of property—Community and technical college capital
projects account—Disposition of building fees.
Construction, reconstruction, equipping and demolition of
community and technical college facilities and acquisition
of property—Bonds—Sources for payment of principal
and interest on—Funds credited to bond retirement fund—
Pledge to collect building fees.
Construction, reconstruction, equipping and demolition of
community college facilities and acquisition of property—
Bonds—Additional powers incident to bond authorization.
Construction, reconstruction, equipping and demolition of
community college facilities and acquisition of property—
Refunding bonds—Authorized—Form, term, issuance,
etc.—Exchange or sale.
Construction, reconstruction, equipping and demolition of
community college facilities and acquisition of property—
Bonds as limited obligation bonds—Additional means to
pay principal and interest on.
Transfer of moneys in community college bond retirement
fund to state general fund—Purpose.
Transfer of moneys in community and technical college bond
retirement fund to state general fund—Exception.
Refunding bonds—Authorized—Limitations.
Refunding bonds—Issuance—Security.
Refunding bonds—Community and technical college refunding bond retirement fund of 1974.
Refunding bonds—Legislature may provide additional
means of payments.
Refunding bonds—Bonds legal investment for public funds.
Bonds—Committee advice and consent prerequisite to issuance.
Rehabilitation services for individuals with disabilities—
Definitions.
Rehabilitation services for individuals with disabilities—
Powers and duties of state agency.
Rehabilitation services for individuals with disabilities—
Acceptance of federal aid.
Construction of chapter when part thereof in conflict with
federal requirements which are condition precedent to
allocation of federal funds.
Cooperative agreements with state and local agencies.
Vocational education of individuals with disabilities—Procedures.
Rehabilitation and job support services—Procedure—Register of eligible individuals and organizations.
Use of false academic credentials—Penalties.
Cost-of-living increases—Academic employees.
Cost-of-living increases—Classified employees.
Accumulated sick leave—Transferred employees of vocational-technical institutes.
Health care service contracts—Transferred employees of
vocational-technical institutes.
Part-time academic employees—State-mandated benefits—
Definitions.
Part-time academic employees—State-mandated benefits—
Reporting eligible employees.
Part-time academic employees—Best practices compensation and employment—Task force—Report.
Part-time academic employees—Sick leave.
Part-time academic employees—Continuous health care eligibility—Employer contributions.
Fiscal management—Powers and duties of officers and agencies.
General provisions for institutions of higher education.
State purchasing and material control, community college
purchases.
Federal funds, receipt of authorized.
Office for adult literacy.
Contracts with adjacent college district for administrative
services.
Agreements for use of services or facilities between district
boards of trustees and school boards.
Dual high school and college credit for secondary career and
technical courses—Agreements.
[Title 28B RCW—page 139]
28B.50.010
28B.50.532
Title 28B RCW: Higher Education
Completion of industry certificate or credential—Agreements with skill centers.
28B.50.533 Contracts with common school districts for occupational and
academic programs for high school students—Enrollment
opportunities—Interlocal agreements.
28B.50.534 High school completion pilot program.
28B.50.535 Community or technical college—Issuance of high school
diploma or certificate.
28B.50.536 General educational development test—Rules—Issuance of
certificate of educational competence.
28B.50.551 Leave provisions.
28B.50.553 Attendance incentive program.
28B.50.600 School district bonds—Redemption of by school district to
continue though facility under control of college district
board.
28B.50.601 School district bonds—Redemption—Facilities under
administration of college district board.
28B.50.740 School district bonds—Those issued for community and
technical college facilities not considered indebtedness
under statutory limitations on.
28B.50.810 Applied baccalaureate degree—Pilot programs.
28B.50.820 Baccalaureate degree programs—Agreements with regional
universities, branch campuses, or the state college.
28B.50.835 Exceptional faculty awards—Intent.
28B.50.8351 Exceptional faculty awards—"Foundation" defined.
28B.50.837 Exceptional faculty awards—Established—Community and
technical college faculty awards trust fund.
28B.50.839 Exceptional faculty awards—Guidelines—Matching
funds—Donations—Disbursements.
28B.50.841 Exceptional faculty awards—Name of award—Duties of
institution—Use of endowment proceeds.
28B.50.843 Exceptional faculty awards—Determination of award—Collective bargaining.
28B.50.844 Exceptional faculty awards—Eligibility of foundation for
matching funds—Endowment fund management.
28B.50.850 Faculty tenure—Purpose.
28B.50.851 Faculty tenure—Definitions.
28B.50.852 Faculty tenure—Rules and regulations—Award of faculty
tenure—Maximum probationary period.
28B.50.855 Faculty tenure—Written agreement embodying terms of
employment furnished faculty.
28B.50.856 Faculty tenure—Evaluation of probationer by review committee—Progress report, acknowledgment of receipt—
Recommendation as to tenure.
28B.50.857 Faculty tenure—Decision not to renew probationary appointment, notice by appointing authority, when.
28B.50.859 Faculty tenure—Tenure retained upon reduced work load
assignment.
28B.50.860 Faculty tenure—Tenure retained upon administrative
appointment.
28B.50.861 Faculty tenure—Dismissal only for sufficient cause.
28B.50.862 Faculty tenure—Certain grounds constituting sufficient
cause.
28B.50.863 Faculty tenure—Review prior to dismissal—Scope—Recommendations of review committee.
28B.50.864 Faculty tenure—Appeal from decision for dismissal—Procedure.
28B.50.867 Faculty tenure—Tenure rights upon transfer of employment
to another community or technical college.
28B.50.868 Faculty tenure—Faculty members currently employed
granted tenure.
28B.50.869 Faculty tenure—Review committees, composition—Selection of faculty representatives, student representative.
28B.50.870 Faculty tenure—For certain educational programs operated
in state correctional institutions.
28B.50.872 Periodic posttenure evaluation.
28B.50.873 Reduction in force of tenured or probationary faculty members due to financial emergency—Conditions—Procedure—Rights.
28B.50.874 Transfer of administration of vocational-technical institutes
to system of community and technical colleges—Personnel rights.
28B.50.8742 Technical colleges—Employee option to reenroll in public
employees’ benefits trust.
28B.50.8744 Technical colleges—Payment to public employees’ and retirees’ insurance account.
28B.50.875 Laboratory services for the analyzing of samples, public
agencies may contract with college for.
28B.50.877 Technical colleges—Purchase of support services from
school districts.
28B.50.880 Apprentices—-Recommendations of the state board for community and technical colleges.
28B.50.890 Apprentices—Associate degree pathway.
28B.50.895 Apprentice education waivers.
[Title 28B RCW—page 140]
28B.50.901
28B.50.910
28B.50.912
28B.50.913
28B.50.914
28B.50.915
28B.50.917
28B.50.918
Regional higher education consortium management and leadership—Everett Community College—Educational plan.
Severability—1969 ex.s. c 223.
Transfer of powers from superintendent of public instruction
and state board of education to state board for community
and technical colleges.
Transfer of powers from Washington institute for applied
technology to Seattle Vocational Institute.
Transfer of powers from school districts to state board for
community and technical colleges.
Transfer of powers from superintendent of public instruction
to state board for community and technical colleges.
Effective dates—1991 c 238.
Severability—1991 c 238.
Actions against educational boards—Defense—Costs—Payment of obligations from liability account: RCW 28B.10.840, 28B.10.842.
AIDS information: Chapter 70.24 RCW.
British Columbia—Tuition and fees—Reciprocity with Washington: RCW
28B.15.756 and 28B.15.758.
Commercial activities by institutions of higher education—Development of
policies governing: Chapter 28B.63 RCW.
Community education programs: RCW 28A.620.020.
Department of social and health services (including division of vocational
rehabilitation): Chapter 43.20A RCW.
Development of methods and protocols for measuring educational costs—
Schedule of educational cost study reports: RCW 28B.76.310.
Educational boards, insurance to protect and hold personally harmless:
RCW 28B.10.840, 28B.10.844.
Eye protection, public educational institutions: See RCW 70.100.010
through 70.100.040.
Governing body of recognized student association at college or university,
open public meetings act applicable to: RCW 42.30.200.
Idaho—Tuition and fees—Reciprocity with Washington: RCW 28B.15.750
through 28B.15.754.
1972 community college facilities aid—Bond issue: Chapter 28B.56 RCW.
1975 community college general capital projects bond, act: Chapter 28B.58
RCW.
1975 community college special capital projects bond act: Chapter 28B.57
RCW.
Oregon—Tuition and fees—Reciprocity with Washington: RCW 28B.15.730
through 28B.15.736.
28B.50.010 Short title. This chapter shall be known as
and may be cited as the community and technical college act
of 1991. [1991 c 238 § 20; 1969 ex.s. c 223 § 28B.50.010.
Prior: 1967 ex.s. c 8 § 1. Formerly RCW 28.85.010.]
28B.50.010
28B.50.020 Purpose. The purpose of this chapter is to
provide for the dramatically increasing number of students
requiring high standards of education either as a part of the
continuing higher education program or for occupational
education and training, or for adult basic skills and literacy
education, by creating a new, independent system of community and technical colleges which will:
(1) Offer an open door to every citizen, regardless of his
or her academic background or experience, at a cost normally
within his or her economic means;
(2) Ensure that each college district shall offer thoroughly comprehensive educational, training and service programs to meet the needs of both the communities and students served by combining high standards of excellence in
academic transfer courses; realistic and practical courses in
occupational education, both graded and ungraded; community services of an educational, cultural, and recreational
nature; and adult education, including basic skills and general, family, and workforce literacy programs and services.
28B.50.020
(2008 Ed.)
Community and Technical Colleges
However, college districts containing only technical colleges
shall maintain programs solely for occupational education,
basic skills, and literacy purposes, and, for as long as a need
exists, may continue those programs, activities, and services
offered by the technical colleges during the twelve-month
period preceding September 1, 1991;
(3) Provide for basic skills and literacy education, and
occupational education and technical training at technical
colleges in order to prepare students for careers in a competitive workforce;
(4) Provide or coordinate related and supplemental
instruction for apprentices at community and technical colleges;
(5) Provide administration by state and local boards
which will avoid unnecessary duplication of facilities or programs; and which will encourage efficiency in operation and
creativity and imagination in education, training and service
to meet the needs of the community and students;
(6) Allow for the growth, improvement, flexibility and
modification of the community colleges and their education,
training and service programs as future needs occur; and
(7) Establish firmly that, except on a pilot basis as provided under RCW 28B.50.810, community colleges are, for
purposes of academic training, two year institutions, and are
an independent, unique, and vital section of our state’s higher
education system, separate from both the common school
system and other institutions of higher learning, and never to
be considered for conversion into four-year liberal arts colleges. [2005 c 258 § 7; 1991 c 238 § 21; 1969 ex.s. c 261 §
17; 1969 ex.s. c 223 § 28B.50.020. Prior: 1967 ex.s. c 8 § 2.]
Findings—Intent—2005 c 258: See note following RCW 28B.45.014.
Severability—1969 ex.s. c 261: "If any provision of this 1969 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1969 ex.s. c 261 § 37. Formerly RCW
28.85.911.]
28B.50.030 Definitions. As used in this chapter, unless
the context requires otherwise, the term:
(1) "System" shall mean the state system of community
and technical colleges, which shall be a system of higher education.
(2) "Board" shall mean the workforce training and education coordinating board.
(3) "College board" shall mean the state board for community and technical colleges created by this chapter.
(4) "Director" shall mean the administrative director for
the state system of community and technical colleges.
(5) "District" shall mean any one of the community and
technical college districts created by this chapter.
(6) "Board of trustees" shall mean the local community
and technical college board of trustees established for each
college district within the state.
(7) "Occupational education" shall mean that education
or training that will prepare a student for employment that
does not require a baccalaureate degree, and education and
training leading to an applied baccalaureate degree.
(8) "K-12 system" shall mean the public school program
including kindergarten through the twelfth grade.
(9) "Common school board" shall mean a public school
district board of directors.
28B.50.030
(2008 Ed.)
28B.50.030
(10) "Community college" shall include those higher
education institutions that conduct education programs under
RCW 28B.50.020.
(11) "Technical college" shall include those higher education institutions with the sole mission of conducting occupational education, basic skills, literacy programs, and offering on short notice, when appropriate, programs that meet
specific industry needs. The programs of technical colleges
shall include, but not be limited to, continuous enrollment,
competency-based instruction, industry-experienced faculty,
curriculum integrating vocational and basic skills education,
and curriculum approved by representatives of employers
and labor. For purposes of this chapter, technical colleges
shall include Lake Washington Vocational-Technical Institute, Renton Vocational-Technical Institute, Bates Vocational-Technical Institute, Clover Park Vocational Institute,
and Bellingham Vocational-Technical Institute.
(12) "Adult education" shall mean all education or
instruction, including academic, vocational education or
training, basic skills and literacy training, and "occupational
education" provided by public educational institutions,
including common school districts for persons who are eighteen years of age and over or who hold a high school diploma
or certificate. However, "adult education" shall not include
academic education or instruction for persons under twentyone years of age who do not hold a high school degree or
diploma and who are attending a public high school for the
sole purpose of obtaining a high school diploma or certificate, nor shall "adult education" include education or instruction provided by any four year public institution of higher
education.
(13) "Dislocated forest product worker" shall mean a forest products worker who: (a)(i) Has been terminated or
received notice of termination from employment and is
unlikely to return to employment in the individual’s principal
occupation or previous industry because of a diminishing
demand for his or her skills in that occupation or industry; or
(ii) is self-employed and has been displaced from his or her
business because of the diminishing demand for the business’
services or goods; and (b) at the time of last separation from
employment, resided in or was employed in a rural natural
resources impact area.
(14) "Forest products worker" shall mean a worker in the
forest products industries affected by the reduction of forest
fiber enhancement, transportation, or production. The workers included within this definition shall be determined by the
employment security department, but shall include workers
employed in the industries assigned the major group standard
industrial classification codes "24" and "26" and the industries involved in the harvesting and management of logs,
transportation of logs and wood products, processing of wood
products, and the manufacturing and distribution of wood
processing and logging equipment. The commissioner may
adopt rules further interpreting these definitions. For the purposes of this subsection, "standard industrial classification
code" means the code identified in RCW 50.29.025(3).
(15) "Dislocated salmon fishing worker" means a finfish
products worker who: (a)(i) Has been terminated or received
notice of termination from employment and is unlikely to
return to employment in the individual’s principal occupation
or previous industry because of a diminishing demand for his
[Title 28B RCW—page 141]
28B.50.040
Title 28B RCW: Higher Education
or her skills in that occupation or industry; or (ii) is selfemployed and has been displaced from his or her business
because of the diminishing demand for the business’s services or goods; and (b) at the time of last separation from
employment, resided in or was employed in a rural natural
resources impact area.
(16) "Salmon fishing worker" means a worker in the finfish industry affected by 1994 or future salmon disasters.
The workers included within this definition shall be determined by the employment security department, but shall
include workers employed in the industries involved in the
commercial and recreational harvesting of finfish including
buying and processing finfish. The commissioner may adopt
rules further interpreting these definitions.
(17) "Rural natural resources impact area" means:
(a) A nonmetropolitan county, as defined by the 1990
decennial census, that meets three of the five criteria set forth
in subsection (18) of this section;
(b) A nonmetropolitan county with a population of less
than forty thousand in the 1990 decennial census, that meets
two of the five criteria as set forth in subsection (18) of this
section; or
(c) A nonurbanized area, as defined by the 1990 decennial census, that is located in a metropolitan county that
meets three of the five criteria set forth in subsection (18) of
this section.
(18) For the purposes of designating rural natural
resources impact areas, the following criteria shall be considered:
(a) A lumber and wood products employment location
quotient at or above the state average;
(b) A commercial salmon fishing employment location
quotient at or above the state average;
(c) Projected or actual direct lumber and wood products
job losses of one hundred positions or more;
(d) Projected or actual direct commercial salmon fishing
job losses of one hundred positions or more; and
(e) An unemployment rate twenty percent or more above
the state average. The counties that meet these criteria shall
be determined by the employment security department for the
most recent year for which data is available. For the purposes
of administration of programs under this chapter, the United
States post office five-digit zip code delivery areas will be
used to determine residence status for eligibility purposes.
For the purpose of this definition, a zip code delivery area of
which any part is ten miles or more from an urbanized area is
considered nonurbanized. A zip code totally surrounded by
zip codes qualifying as nonurbanized under this definition is
also considered nonurbanized. The office of financial management shall make available a zip code listing of the areas to
all agencies and organizations providing services under this
chapter.
(19) "Applied baccalaureate degree" means a baccalaureate degree awarded by a college under RCW 28B.50.810
for successful completion of a program of study that is:
(a) Specifically designed for individuals who hold an
associate of applied science degree, or its equivalent, in order
to maximize application of their technical course credits
toward the baccalaureate degree; and
[Title 28B RCW—page 142]
(b) Based on a curriculum that incorporates both theoretical and applied knowledge and skills in a specific technical
field.
(20) "Qualified institutions of higher education" means:
(a) Washington public community and technical colleges;
(b) Private career schools that are members of an accrediting association recognized by rule of the higher education
coordinating board for the purposes of chapter 28B.92 RCW;
and
(c) Washington state apprenticeship and training council-approved apprenticeship programs. [2007 c 277 § 301;
2005 c 258 § 8; 2003 2nd sp.s. c 4 § 33; 1997 c 367 § 13; 1995
c 226 § 17; 1992 c 21 § 5. Prior: 1991 c 315 § 15; 1991 c 238
§ 22; 1985 c 461 § 14; 1982 1st ex.s. c 53 § 24; 1973 c 62 §
12; 1969 ex.s. c 261 § 18; 1969 ex.s. c 223 § 28B.50.030;
prior: 1967 ex.s. c 8 § 3.]
Findings—Part headings not law—2007 c 277: See notes following
RCW 28B.50.271.
Findings—Intent—2005 c 258: See note following RCW 28B.45.014.
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Severability—Conflict with federal requirements—Effective date—
1997 c 367: See notes following RCW 43.160.020.
Severability—Conflict with federal requirements—Effective date—
1995 c 226: See notes following RCW 43.160.020.
Intent—1991 c 315: "The legislature finds that:
(1) The economic health and well-being of timber-dependent communities is of substantial public concern. The significant reduction in annual
timber harvest levels likely will result in reduced economic activity and persistent unemployment and underemployment over time, which would be a
serious threat to the safety, health, and welfare of residents of the timber
impact areas, decreasing the value of private investments and jeopardizing
the sources of public revenue.
(2) Timber impact areas are most often located in areas that are experiencing little or no economic growth, creating an even greater risk to the
health, safety, and welfare of these communities. The ability to remedy
problems caused by the substantial reduction in harvest activity is beyond the
power and control of the regulatory process and influence of the state, and
the ordinary operations of private enterprise without additional governmental assistance are insufficient to adequately remedy the resulting problems of
poverty and unemployment.
(3) To address these concerns, it is the intent of the legislature to
increase training and retraining services accessible to timber impact areas,
and provide for coordination of noneconomic development services in timber impact areas as economic development efforts will not succeed unless
social, housing, health, and other needs are addressed." [1991 c 315 § 1.]
Severability—Conflict with federal requirements—Effective date—
1991 c 315: See RCW 50.70.900 through 50.70.902.
Severability—1985 c 461: See note following RCW 41.06.020.
Severability—1982 1st ex.s. c 53: See note following RCW 41.06.020.
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
Severability—1969 ex.s. c 261: See note following RCW 28B.50.020.
28B.50.040 College districts enumerated. The state of
Washington is hereby divided into thirty college districts as
follows:
(1) The first district shall encompass the counties of Clallam and Jefferson;
(2) The second district shall encompass the counties of
Grays Harbor and Pacific;
(3) The third district shall encompass the counties of Kitsap and Mason;
28B.50.040
(2008 Ed.)
Community and Technical Colleges
(4) The fourth district shall encompass the counties of
San Juan, Skagit and Island;
(5) The fifth district shall encompass Snohomish county
except for the Northshore common school district and that
portion encompassed by the twenty-third district created in
subsection (23) of this section: PROVIDED, That the fifth
district shall encompass the Everett Community College;
(6) The sixth district shall encompass the present boundaries of the common school districts of Seattle and Vashon
Island, King county;
(7) The seventh district shall encompass the present
boundary of the common school district of Shoreline in King
county;
(8) The eighth district shall encompass the present
boundaries of the common school districts of Bellevue,
Issaquah, Mercer Island, Skykomish and Snoqualmie, King
county;
(9) The ninth district shall encompass the present boundaries of the common school districts of Federal Way,
Highline and South Central, King county;
(10) The tenth district shall encompass the present
boundaries of the common school districts of Auburn, Black
Diamond, Renton, Enumclaw, Kent, Lester and Tahoma,
King county, and the King county portion of Puyallup common school district No. 3;
(11) The eleventh district shall encompass all of Pierce
county, except for the present boundaries of the common
school districts of Tacoma and Peninsula;
(12) The twelfth district shall encompass Lewis county,
the Rochester common school district No. 401, the Tenino
common school district No. 402 of Thurston county, and the
Thurston county portion of the Centralia common school district No. 401;
(13) The thirteenth district shall encompass the counties
of Cowlitz, and Wahkiakum;
(14) The fourteenth district shall encompass the counties
of Clark, Skamania and that portion of Klickitat county not
included in the sixteenth district;
(15) The fifteenth district shall encompass the counties
of Chelan, Douglas and Okanogan;
(16) The sixteenth district shall encompass the counties
of Kittitas, Yakima, and that portion of Klickitat county
included in United States census divisions 1 through 4;
(17) The seventeenth district shall encompass the counties of Ferry, Lincoln (except consolidated school district
105-157-166J and the Lincoln county portion of common
school district 167-202), Pend Oreille, Spokane, Stevens and
Whitman;
(18) The eighteenth district shall encompass the counties
of Adams and Grant, and that portion of Lincoln county comprising consolidated school district 105-157-166J and common school district 167-202;
(19) The nineteenth district shall encompass the counties
of Benton and Franklin;
(20) The twentieth district shall encompass the counties
of Asotin, Columbia, Garfield and Walla Walla;
(21) The twenty-first district shall encompass Whatcom
county;
(22) The twenty-second district shall encompass the
present boundaries of the common school districts of Tacoma
and Peninsula, Pierce county;
(2008 Ed.)
28B.50.040
(23) The twenty-third district shall encompass that portion of Snohomish county within such boundaries as the state
board for community and technical colleges shall determine:
PROVIDED, That the twenty-third district shall encompass
the Edmonds Community College;
(24) The twenty-fourth district shall encompass all of
Thurston county except the Rochester common school district No. 401, the Tenino common school district No. 402,
and the Thurston county portion of the Centralia common
school district No. 401;
(25) The twenty-fifth district shall encompass all of
Whatcom county;
(26) The twenty-sixth district shall encompass the
Northshore, Lake Washington, Bellevue, Mercer Island,
Issaquah, Riverview, Snoqualmie Valley and Skykomish
school districts;
(27) The twenty-seventh district shall encompass the
Renton, Kent, Auburn, Tahoma, and Enumclaw school districts and a portion of the Seattle school district described as
follows: Commencing at a point established by the intersection of the Duwamish river and the south boundary of the
Seattle Community College District (number six) and thence
north along the centerline of the Duwamish river to the west
waterway; thence north along the centerline of the west
waterway to Elliot Bay; thence along Elliot Bay to a line
established by the intersection of the extension of Denny
Way to Elliot Bay; thence east along the line established by
the centerline of Denny Way to Lake Washington; thence
south along the shoreline of Lake Washington to the south
line of the Seattle Community College District; and thence
west along the south line of the Seattle Community College
District to the point of beginning;
(28) The twenty-eighth district shall encompass all of
Pierce county;
(29) The twenty-ninth district shall encompass all of
Pierce county; and
(30) The thirtieth district shall encompass the present
boundaries of the common school districts of Lake Washington and Riverview in King county and Northshore in King
and Snohomish counties. [1994 c 217 § 2; 1991 c 238 § 23;
1988 c 77 § 1; 1981 c 72 § 1; 1973 1st ex.s. c 46 § 7; 1969
ex.s. c 223 § 28B.50.040. Prior: 1967 ex.s. c 8 § 4. Formerly
RCW 28.85.040.]
Effective date—1994 c 217: See note following RCW 28B.45.0201.
Findings—1994 c 217: See RCW 28B.45.0201.
Effective date—1988 c 77: "Section 2 of this act is necessary for the
immediate preservation of the public peace, health, and safety, the support of
the state government and its existing public institutions, and shall take effect
immediately. The remainder of this act shall take effect July 1, 1988." [1988
c 77 § 12.]
Severability—1988 c 77: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1988 c 77 § 11.]
District No. 23 Interlocal cooperation agreements by school districts
in Snohomish county authorized—1981 c 72: "Any school district within
Snohomish county may enter into interlocal cooperation agreements with
any community college located within Snohomish county pursuant to the
provisions of chapter 39.34 RCW." [1981 c 72 § 8.]
Savings—Provisions of existing collective bargaining agreement—
1981 c 72: "Nothing contained in this amendatory act shall be construed to
alter any provision of any existing collective bargaining agreement until any
[Title 28B RCW—page 143]
28B.50.050
Title 28B RCW: Higher Education
such agreement has expired or been modified pursuant to chapter 28B.52
RCW." [1981 c 72 § 9.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Savings—Generally—1981 c 72: "Nothing in this amendatory act
shall be construed to affect any existing rights, nor as affecting any actions,
activities, or proceedings validated prior to the effective date of this amendatory act, nor as affecting any civil or criminal proceedings, nor any rule, regulation, or order promulgated, nor any administrative action taken prior to
the effective date of this amendatory act, and the validity of any act performed with respect to Edmonds Community College, or any officer or
employee thereof prior to the effective date of this amendatory act, is hereby
validated." [1981 c 72 § 10.]
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
Effective date of this amendatory act defined—1981 c 72: "The
phrase "the effective date of this amendatory act" as used in sections 3, 4, 6
and 10 of this amendatory act shall mean July 1, 1981: PROVIDED, That
nothing in this amendatory act shall prohibit any transfers mandated in section 4 hereof nor the action contemplated in section 11 hereof prior to such
July 1, 1981." [1981 c 72 § 12.]
Employees of, appointment and employment of: RCW 28B.50.060.
Severability—1981 c 72: "If any provision of this amendatory act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 72 § 13.]
Severability—1973 1st ex.s. c 46: See note following RCW
28B.10.704.
28B.50.050
28B.50.050 State board for community and technical
colleges. There is hereby created the "state board for community and technical colleges", to consist of nine members
who represent the geographic diversity of the state, and who
shall be appointed by the governor, with the consent of the
senate. At least two members shall reside east of the Cascade
mountains. In making these appointments, the governor shall
attempt to provide geographic balance and give consideration
to representing labor, business, women, and racial and ethnic
minorities, among the membership of the board. At least one
member of the board shall be from business and at least one
member of the board shall be from labor. The current members of the state board for community college education on
September 1, 1991, shall serve on the state board for community and technical colleges until their terms expire. Successors to these members shall be appointed according to the
terms of this section. A ninth member shall be appointed by
September 1, 1991, for a complete term.
The successors of the members initially appointed shall
be appointed for terms of four years except that a person
appointed to fill a vacancy occurring prior to the expiration of
any term shall be appointed only for the remainder of such
term. Each member shall serve until the appointment and
qualification of his or her successor. All members shall be
citizens and bona fide residents of the state.
Members of the college board shall be compensated in
accordance with RCW 43.03.240 and shall receive reimbursement for travel expenses in accordance with RCW
43.03.050 and 43.03.060 for each day actually spent in
attending to the duties as a member of the college board.
The members of the college board may be removed by
the governor for inefficiency, neglect of duty, or malfeasance
in office, in the manner provided by RCW 28B.10.500.
[1991 c 238 § 30; 1988 c 76 § 1; 1984 c 287 § 64; 1982 1st
ex.s. c 30 § 9; 1975-’76 2nd ex.s. c 34 § 74; 1973 c 62 § 13;
1969 ex.s. c 261 § 19; 1969 ex.s. c 223 § 28B.50.050. Prior:
1967 ex.s. c 8 § 5.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
[Title 28B RCW—page 144]
Severability—1969 ex.s. c 261: See note following RCW 28B.50.020.
Appointment of director of state system of community and technical colleges,
by: RCW 28B.50.060.
Bond issue for capital projects for community colleges, 1981, board duties:
RCW 28B.59D.010 through 28B.59D.070.
Displaced homemaker act, board participation: RCW 28B.04.080.
Occupational forecast—Agency consultation: RCW 50.38.030.
Powers and duties: RCW 28B.50.090.
28B.50.060 Director of the state system of community and technical colleges—Appointment—Term—
Qualifications—Salary and travel expenses—Duties. A
director of the state system of community and technical colleges shall be appointed by the college board and shall serve
at the pleasure of the college board. The director shall be
appointed with due regard to the applicant’s fitness and background in education, and knowledge of and recent practical
experience in the field of educational administration particularly in institutions beyond the high school level. The college
board may also take into consideration an applicant’s proven
management background even though not particularly in the
field of education.
The director shall devote his or her time to the duties of
his or her office and shall not have any direct pecuniary interest in or any stock or bonds of any business connected with or
selling supplies to the field of education within this state, in
keeping with chapter 42.52 RCW.
The director shall receive a salary to be fixed by the college board and shall be reimbursed for travel expenses
incurred in the discharge of his or her official duties in accordance with RCW 43.03.050 and 43.03.060.
The director shall be the executive officer of the college
board and serve as its secretary and under its supervision
shall administer the provisions of this chapter and the rules
and orders established thereunder and all other laws of the
state. The director shall attend, but not vote at, all meetings of
the college board. The director shall be in charge of offices of
the college board and responsible to the college board for the
preparation of reports and the collection and dissemination of
data and other public information relating to the state system
of community and technical colleges. At the direction of the
college board, the director shall, together with the chairman
of the college board, execute all contracts entered into by the
college board.
The director shall, with the approval of the college
board: (1) Employ necessary assistant directors of major
staff divisions who shall serve at the director’s pleasure on
such terms and conditions as the director determines, and (2)
subject to the provisions of chapter 41.06 RCW the director
shall, with the approval of the college board, appoint and
employ such field and office assistants, clerks and other
employees as may be required and authorized for the proper
discharge of the functions of the college board and for whose
services funds have been appropriated.
The board may, by written order filed in its office, delegate to the director any of the powers and duties vested in or
28B.50.060
(2008 Ed.)
Community and Technical Colleges
imposed upon it by this chapter. Such delegated powers and
duties may be exercised by the director in the name of the college board. [1994 c 154 § 306; 1991 c 238 § 31; 1975-’76
2nd ex.s. c 34 § 75; 1973 1st ex.s. c 46 § 8; 1973 c 62 § 14;
1969 ex.s. c 261 § 20; 1969 ex.s. c 223 § 28B.50.060. Prior:
1967 ex.s. c 8 § 6.]
Parts and captions not law—Effective date—Severability—1994 c
154: See RCW 42.52.902, 42.52.904, and 42.52.905.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Severability—1973 1st ex.s. c 46: See note following RCW
28B.10.704.
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
Severability—1969 ex.s. c 261: See note following RCW 28B.50.020.
High-technology coordinating board, director or designee member of: RCW
28B.65.040.
28B.50.070 College board—Organization—Meetings—Quorum—Biennial report—Fiscal year. The governor shall make the appointments to the college board.
The college board shall organize, adopt a seal, and adopt
bylaws for its administration, not inconsistent herewith, as it
may deem expedient and may from time to time amend such
bylaws. Annually the board shall elect a chairperson and vice
chairperson; all to serve until their successors are appointed
and qualified. The college board shall at its initial meeting fix
a date and place for its regular meeting. Five members shall
constitute a quorum, and no meeting shall be held with less
than a quorum present, and no action shall be taken by less
than a majority of the college board.
Special meetings may be called as provided by its rules
and regulations. Regular meetings shall be held at the college
board’s established offices in Olympia, but whenever the
convenience of the public or of the parties may be promoted,
or delay or expenses may be prevented, it may hold its meetings, hearings or proceedings at any other place designated
by it. Subject to RCW 40.07.040, the college board shall
transmit a report in writing to the governor biennially which
report shall contain such information as may be requested by
the governor. The fiscal year of the college board shall conform to the fiscal year of the state. [1987 c 505 § 15; 1986 c
130 § 1; 1977 c 75 § 26; 1973 c 62 § 15; 1969 ex.s. c 223 §
28B.50.070. Prior: 1967 ex.s. c 8 § 7. Formerly RCW
28.85.070.]
28B.50.070
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
Fiscal year defined: RCW 43.88.020.
28B.50.080 College board—Offices and office equipment, including necessary expenses. Suitable offices and
office equipment shall be provided by the state for the college
board in the city of Olympia, and the college board may incur
the necessary expense for office furniture, stationery, printing, incidental expenses, and other expenses necessary for the
administration of this chapter. [1969 ex.s. c 223 §
28B.50.080. Prior: 1967 ex.s. c 8 § 8. Formerly RCW
28.85.080.]
28B.50.080
28B.50.085 College board—Treasurer—Appointment, duties, bond—Depository. The state board for com28B.50.085
(2008 Ed.)
28B.50.090
munity and technical colleges shall appoint a treasurer who
shall be the financial officer of the board, who shall make
such vendor payments and salary payments for the entire
community and technical college system as authorized by the
state board, and who shall hold office during the pleasure of
the board. All moneys received by the state board and not
required to be deposited elsewhere, shall be deposited in a
depository selected by the board, which moneys shall be subject to the budgetary and audit provisions of law applicable to
state agencies. The depository selected by the state board
shall conform to the collateral requirements required for the
deposit of other state funds. Disbursement shall be made by
check signed by the treasurer. The treasurer shall render a
true and faithful account of all moneys received and paid out
by him or her and shall give bond for the faithful performance
of the duties of his or her office in such amount as the board
requires: PROVIDED, That the board shall pay the fee for
any such bonds. [1991 c 238 § 32; 1981 c 246 § 4.]
Severability—1981 c 246: See note following RCW 28B.50.090.
28B.50.090 College board—Powers and duties. The
college board shall have general supervision and control over
the state system of community and technical colleges. In
addition to the other powers and duties imposed upon the college board by this chapter, the college board shall be charged
with the following powers, duties and responsibilities:
(1) Review the budgets prepared by the boards of trustees, prepare a single budget for the support of the state system
of community and technical colleges and adult education, and
submit this budget to the governor as provided in RCW
43.88.090;
(2) Establish guidelines for the disbursement of funds;
and receive and disburse such funds for adult education and
maintenance and operation and capital support of the college
districts in conformance with the state and district budgets,
and in conformance with chapter 43.88 RCW;
(3) Ensure, through the full use of its authority:
(a) That each college district shall offer thoroughly comprehensive educational, training and service programs to
meet the needs of both the communities and students served
by combining high standards of excellence in academic transfer courses; realistic and practical courses in occupational
education, both graded and ungraded; and community services of an educational, cultural, and recreational nature; and
adult education, including basic skills and general, family,
and workforce literacy programs and services. However,
technical colleges, and college districts containing only technical colleges, shall maintain programs solely for occupational education, basic skills, and literacy purposes. For as
long as a need exists, technical colleges may continue those
programs, activities, and services they offered during the
twelve-month period preceding May 17, 1991;
(b) That each college district shall maintain an open-door
policy, to the end that no student will be denied admission
because of the location of the student’s residence or because
of the student’s educational background or ability; that, insofar as is practical in the judgment of the college board, curriculum offerings will be provided to meet the educational and
training needs of the community generally and the students
thereof; and that all students, regardless of their differing
28B.50.090
[Title 28B RCW—page 145]
28B.50.090
Title 28B RCW: Higher Education
courses of study, will be considered, known and recognized
equally as members of the student body: PROVIDED, That
the administrative officers of a community or technical college may deny admission to a prospective student or attendance to an enrolled student if, in their judgment, the student
would not be competent to profit from the curriculum offerings of the college, or would, by his or her presence or conduct, create a disruptive atmosphere within the college not
consistent with the purposes of the institution. This subsection (3)(b) shall not apply to competency, conduct, or presence associated with a disability in a person twenty-one years
of age or younger attending a technical college;
(4) Prepare a comprehensive master plan for the development of community and technical college education and
training in the state; and assist the office of financial management in the preparation of enrollment projections to support
plans for providing adequate college facilities in all areas of
the state. The master plan shall include implementation of
the vision, goals, priorities, and strategies in the statewide
strategic master plan for higher education under RCW
28B.76.200 based on the community and technical college
system’s role and mission. The master plan shall also contain
measurable performance indicators and benchmarks for
gauging progress toward achieving the goals and priorities;
(5) Define and administer criteria and guidelines for the
establishment of new community and technical colleges or
campuses within the existing districts;
(6) Establish criteria and procedures for modifying district boundary lines consistent with the purposes set forth in
RCW 28B.50.020 as now or hereafter amended and in accordance therewith make such changes as it deems advisable;
(7) Establish minimum standards to govern the operation
of the community and technical colleges with respect to:
(a) Qualifications and credentials of instructional and
key administrative personnel, except as otherwise provided
in the state plan for vocational education,
(b) Internal budgeting, accounting, auditing, and financial procedures as necessary to supplement the general
requirements prescribed pursuant to chapter 43.88 RCW,
(c) The content of the curriculums and other educational
and training programs, and the requirement for degrees and
certificates awarded by the colleges,
(d) Standard admission policies,
(e) Eligibility of courses to receive state fund support;
(8) Establish and administer criteria and procedures for
all capital construction including the establishment, installation, and expansion of facilities within the various college
districts;
(9) Encourage innovation in the development of new
educational and training programs and instructional methods;
coordinate research efforts to this end; and disseminate the
findings thereof;
(10) Exercise any other powers, duties and responsibilities necessary to carry out the purposes of this chapter;
(11) Authorize the various community and technical colleges to offer programs and courses in other districts when it
determines that such action is consistent with the purposes set
forth in RCW 28B.50.020 as now or hereafter amended;
(12) Notwithstanding any other law or statute regarding
the sale of state property, sell or exchange and convey any or
all interest in any community and technical college real and
[Title 28B RCW—page 146]
personal property, except such property as is received by a
college district in accordance with RCW 28B.50.140(8),
when it determines that such property is surplus or that such
a sale or exchange is in the best interests of the community
and technical college system;
(13) In order that the treasurer for the state board for
community and technical colleges appointed in accordance
with RCW 28B.50.085 may make vendor payments, the state
treasurer will honor warrants drawn by the state board providing for an initial advance on July 1, 1982, of the current
biennium and on July 1 of each succeeding biennium from
the state general fund in an amount equal to twenty-four percent of the average monthly allotment for such budgeted
biennium expenditures for the state board for community and
technical colleges as certified by the office of financial management; and at the conclusion of such initial month and for
each succeeding month of any biennium, the state treasurer
will reimburse expenditures incurred and reported monthly
by the state board treasurer in accordance with chapter 43.88
RCW: PROVIDED, That the reimbursement to the state
board for actual expenditures incurred in the final month of
each biennium shall be less the initial advance made in such
biennium;
(14) Notwithstanding the provisions of subsection (12)
of this section, may receive such gifts, grants, conveyances,
devises, and bequests of real or personal property from private sources as may be made from time to time, in trust or
otherwise, whenever the terms and conditions thereof will aid
in carrying out the community and technical college programs and may sell, lease or exchange, invest or expend the
same or the proceeds, rents, profits and income thereof
according to the terms and conditions thereof; and adopt regulations to govern the receipt and expenditure of the proceeds, rents, profits and income thereof;
(15) The college board shall have the power of eminent
domain;
(16) Provide general supervision over the state’s technical colleges. The president of each technical college shall
report directly to the director of the state board for community and technical colleges, or the director’s designee, until
local control is assumed by a new or existing board of trustees as appropriate, except that a college president shall have
authority over program decisions of his or her college until
the establishment of a board of trustees for that college. The
directors of the vocational-technical institutes on March 1,
1991, shall be designated as the presidents of the new technical colleges. [2004 c 275 § 57; 2003 c 130 § 6; 1991 c 238 §
33; 1982 c 50 § 1; 1981 c 246 § 2; 1979 c 151 § 20; 1977 ex.s.
c 282 § 4; 1973 c 62 § 16; 1969 ex.s. c 261 § 21; 1969 ex.s. c
223 § 28B.50.090. Prior: 1967 ex.s. c 8 § 9.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Findings—Intent—2003 c 130: See note following RCW 28B.76.210.
Severability—1981 c 246: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 246 § 6.]
Severability—1977 ex.s. c 282: See note following RCW 28B.50.870.
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
Severability—1969 ex.s. c 261: See note following RCW 28B.50.020.
(2008 Ed.)
Community and Technical Colleges
Construction, reconstruction, equipping facilities—Financing: RCW
28B.50.340.
Development of budget: RCW 43.88.090.
28B.50.100
under RCW 28C.18.060 and shall provide information and
data in a format that is accessible to the board. [1991 c 238 §
79.]
Eminent domain: Title 8 RCW.
State budgeting, accounting, and reporting system: Chapter 43.88 RCW.
28B.50.091 Board to waive fees for students finishing
their high school education. See RCW 28B.15.520.
28B.50.091
28B.50.092 Program for military personnel—
Restrictions as to high school completion program. The
state board for community and technical colleges may authorize any board of trustees to do all things necessary to conduct an education, training, and service program authorized
by chapter 28B.50 RCW, as now or hereafter amended, for
United States military personnel and their dependents, and
department of defense civilians and their dependents, at any
geographical location: PROVIDED, That such programs
shall be limited to those colleges which conducted programs
for United States military personnel prior to January 1, 1977:
PROVIDED FURTHER, That any high school completion
program conducted pursuant to this section shall comply with
standards set forth in rules and regulations promulgated by
the superintendent of public instruction and the state board of
education: AND PROVIDED FURTHER, That the superintendent of public instruction shall issue the certificate or
diploma in recognition of high school completion education
provided pursuant to this section. [1991 c 238 § 34; 1977
ex.s. c 131 § 1; 1973 c 105 § 1.]
28B.50.092
28B.50.093 Program for military personnel—Limitation. Prior to the state board granting authorization for any
programs authorized under RCW 28B.50.092, the state board
shall determine that such authorization will not deter from the
primary functions of the community and technical college
system within the state of Washington as prescribed by chapter 28B.50 RCW. [1991 c 238 § 35; 1973 c 105 § 2.]
28B.50.093
28B.50.094 Program for military personnel—Costs
of funding. The costs of funding programs authorized by
RCW 28B.50.092 through 28B.50.094 shall ultimately be
borne by grants or fees derived from nonstate treasury
sources. [1973 c 105 § 3.]
28B.50.094
28B.50.095 Registration at more than one community and technical college. In addition to other powers and
duties, the college board may issue rules and regulations permitting a student to register at more than one community and
technical college, provided that such student shall pay tuition
and fees as if the student were registered at a single college,
but not to exceed tuition and fees charged a full-time student
as established under chapter 28B.15 RCW. [1995 1st sp.s. c
9 § 11; 1991 c 238 § 36; 1983 c 3 § 40; 1973 c 129 § 1.]
28B.50.095
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031.
28B.50.096 Cooperation with workforce training and
education coordinating board. The college board shall
cooperate with the workforce training and education coordinating board in the conduct of the board’s responsibilities
28B.50.096
(2008 Ed.)
28B.50.097 Electronic job bank. (1) The college board
shall create an electronic job bank on its web site to act as a
clearinghouse for people seeking academic teaching positions at the state’s community and technical colleges. The job
bank must be accessible on the internet. Use of the electronic
job bank is not mandatory.
(2) The college board shall include a separate section on
its electronic job bank reserved for the exclusive listing of
part-time academic employment opportunities at state community and technical colleges.
(3) The separate section of the electronic job bank under
subsection (2) of this section must, at a minimum, include an
internet link to each of the following components, if available
from the community or technical college offering the
employment opportunity:
(a) A description of the open position;
(b) A listing of required skills and experience necessary
for the position; and
(c) The district where the employment opening exists.
(4) The college board shall develop a strategy to promote
its electronic job bank to prospective candidates. [2001 c 110
§ 1.]
28B.50.097
28B.50.098 Appointment of trustees for new college
district. In the event a new college district is created, the
governor shall appoint new trustees to the district’s board of
trustees in accordance with RCW 28B.50.100. [1991 c 238 §
134.]
28B.50.098
28B.50.100 Boards of trustees—Generally. There is
hereby created a board of trustees for each college district as
set forth in this chapter. Each board of trustees shall be composed of five trustees, who shall be appointed by the governor for terms commencing October 1st of the year in which
appointed. In making such appointments the governor shall
give consideration to geographical diversity, and representing labor, business, women, and racial and ethnic minorities,
in the membership of the boards of trustees. The boards of
trustees for districts containing technical colleges shall
include at least one member from business and one member
from labor.
The successors of the trustees initially appointed shall be
appointed by the governor to serve for a term of five years
except that any person appointed to fill a vacancy occurring
prior to the expiration of any term shall be appointed only for
the remainder of the term. Each member shall serve until a
successor is appointed and qualified.
Every trustee shall be a resident and qualified elector of
the college district. No trustee may be an employee of the
community and technical college system, a member of the
board of directors of any school district, or a member of the
governing board of any public or private educational institution.
Each board of trustees shall organize itself by electing a
chairman from its members. The board shall adopt a seal and
may adopt such bylaws, rules and regulations as it deems
28B.50.100
[Title 28B RCW—page 147]
28B.50.130
Title 28B RCW: Higher Education
necessary for its own government. Three members of the
board shall constitute a quorum, but a lesser number may
adjourn from time to time and may compel the attendance of
absent members in such manner as prescribed in its bylaws,
rules, or regulations. The district president, or if there be
none, the president of the college, shall serve as, or may designate another person to serve as, the secretary of the board,
who shall not be deemed to be a member of the board.
Members of the boards of trustees may be removed for
misconduct or malfeasance in office in the manner provided
by RCW 28B.10.500. [1991 c 238 § 37; 1987 c 330 § 1001;
1983 c 224 § 1; 1979 ex.s. c 103 § 1; 1977 ex.s. c 282 § 2;
1973 c 62 § 17; 1969 ex.s. c 261 § 22; 1969 ex.s. c 223 §
28B.50.100. Prior: 1967 ex.s. c 8 § 10.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1979 ex.s. c 103: See note following RCW 28B.20.100.
Severability—1977 ex.s. c 282: See note following RCW 28B.50.870.
Effective date—1977 ex.s. c 282 §§ 2, 3: "Sections 2 and 3 of this 1977
amendatory act shall not take effect until January 1, 1978." [1977 ex.s. c 282
§ 9.]
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
Severability—1969 ex.s. c 261: See note following RCW 28B.50.020.
Chief executive officer as secretary of board: RCW 28B.50.130.
28B.50.130 Boards of trustees—Bylaws, rules, and
regulations—Chair and vice-chair—Terms—Quorum.
Within thirty days of their appointment the various district
boards of trustees shall organize, adopt bylaws for its own
government, and make such rules and regulations not inconsistent with this chapter as they deem necessary. At such
organizational meeting it shall elect from among its members
a chair and vice-chair, each to serve for one year, and annually thereafter shall elect such officers to serve until their successors are appointed or qualified. The chief executive officer
of the college district, or designee, shall serve as secretary of
the board. Three trustees shall constitute a quorum, and no
action shall be taken by less than a majority of the trustees of
the board. The district boards shall transmit such reports to
the college board as may be requested by the college board.
The fiscal year of the district boards shall conform to the fiscal year of the state. [1991 c 238 § 38; 1977 c 75 § 27; 1973
c 62 § 18; 1969 ex.s. c 223 § 28B.50.130. Prior: 1967 ex.s. c
8 § 13. Formerly RCW 28.85.130.]
28B.50.130
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
District president or president of college as secretary of board: RCW
28B.50.100.
Fiscal year defined: RCW 43.88.020.
28B.50.140 Boards of trustees—Powers and duties.
Each board of trustees:
(1) Shall operate all existing community and technical
colleges in its district;
(2) Shall create comprehensive programs of community
and technical college education and training and maintain an
open-door policy in accordance with the provisions of RCW
28B.50.090(3). However, technical colleges, and college
districts containing only technical colleges, shall maintain
programs solely for occupational education, basic skills, and
28B.50.140
[Title 28B RCW—page 148]
literacy purposes. For as long as a need exists, technical colleges may continue those programs, activities, and services
they offered during the twelve-month period preceding September 1, 1991;
(3) Shall employ for a period to be fixed by the board a
college president for each community and technical college
and, may appoint a president for the district, and fix their
duties and compensation, which may include elements other
than salary. Compensation under this subsection shall not
affect but may supplement retirement, health care, and other
benefits that are otherwise applicable to the presidents as
state employees. The board shall also employ for a period to
be fixed by the board members of the faculty and such other
administrative officers and other employees as may be necessary or appropriate and fix their salaries and duties. Compensation and salary increases under this subsection shall not
exceed the amount or percentage established for those purposes in the state appropriations act by the legislature as allocated to the board of trustees by the state board for community and technical colleges. The state board for community
and technical colleges shall adopt rules defining the permissible elements of compensation under this subsection;
(4) May establish, under the approval and direction of
the college board, new facilities as community needs and
interests demand. However, the authority of boards of trustees to purchase or lease major off-campus facilities shall be
subject to the approval of the higher education coordinating
board pursuant to RCW 28B.76.230;
(5) May establish or lease, operate, equip and maintain
dormitories, food service facilities, bookstores and other selfsupporting facilities connected with the operation of the community and technical college;
(6) May, with the approval of the college board, borrow
money and issue and sell revenue bonds or other evidences of
indebtedness for the construction, reconstruction, erection,
equipping with permanent fixtures, demolition and major
alteration of buildings or other capital assets, and the acquisition of sites, rights-of-way, easements, improvements or
appurtenances, for dormitories, food service facilities, and
other self-supporting facilities connected with the operation
of the community and technical college in accordance with
the provisions of RCW 28B.10.300 through 28B.10.330
where applicable;
(7) May establish fees and charges for the facilities
authorized hereunder, including reasonable rules and regulations for the government thereof, not inconsistent with the
rules of the college board; each board of trustees operating a
community and technical college may enter into agreements,
subject to rules of the college board, with owners of facilities
to be used for housing regarding the management, operation,
and government of such facilities, and any board entering
into such an agreement may:
(a) Make rules for the government, management and
operation of such housing facilities deemed necessary or
advisable; and
(b) Employ necessary employees to govern, manage and
operate the same;
(8) May receive such gifts, grants, conveyances, devises
and bequests of real or personal property from private
sources, as may be made from time to time, in trust or otherwise, whenever the terms and conditions thereof will aid in
(2008 Ed.)
Community and Technical Colleges
carrying out the community and technical college programs
as specified by law and the rules of the state college board;
sell, lease or exchange, invest or expend the same or the proceeds, rents, profits and income thereof according to the
terms and conditions thereof; and adopt rules to govern the
receipt and expenditure of the proceeds, rents, profits and
income thereof;
(9) May establish and maintain night schools whenever
in the discretion of the board of trustees it is deemed advisable, and authorize classrooms and other facilities to be used
for summer or night schools, or for public meetings and for
any other uses consistent with the use of such classrooms or
facilities for community and technical college purposes;
(10) May make rules for pedestrian and vehicular traffic
on property owned, operated, or maintained by the district;
(11) Shall prescribe, with the assistance of the faculty,
the course of study in the various departments of the community and technical college or colleges under its control, and
publish such catalogues and bulletins as may become necessary;
(12) May grant to every student, upon graduation or
completion of a course of study, a suitable diploma, degree,
or certificate. Technical colleges shall offer only technical
degrees under the rules of the state board for community and
technical colleges that are appropriate to their workforce education and training mission. The primary purpose of these
degrees is to lead the individual directly to employment in a
specific occupation. Technical colleges may not offer transfer degrees. Only pilot colleges under RCW 28B.50.810 may
award baccalaureate degrees. The board, upon recommendation of the faculty, may also confer honorary associate of arts
degrees upon persons other than graduates of the community
college, in recognition of their learning or devotion to education, literature, art, or science. No degree may be conferred
in consideration of the payment of money or the donation of
any kind of property;
(13) Shall enforce the rules prescribed by the state board
for community and technical colleges for the government of
community and technical colleges, students and teachers, and
adopt such rules and perform all other acts not inconsistent
with law or rules of the state board for community and technical colleges as the board of trustees may in its discretion
deem necessary or appropriate to the administration of college districts: PROVIDED, That such rules shall include, but
not be limited to, rules relating to housing, scholarships, conduct at the various community and technical college facilities, and discipline: PROVIDED, FURTHER, That the board
of trustees may suspend or expel from community and technical colleges students who refuse to obey any of the duly
adopted rules;
(14) May, by written order filed in its office, delegate to
the president or district president any of the powers and
duties vested in or imposed upon it by this chapter. Such delegated powers and duties may be exercised in the name of the
district board;
(15) May perform such other activities consistent with
this chapter and not in conflict with the directives of the college board;
(16) Notwithstanding any other provision of law, may
offer educational services on a contractual basis other than
the tuition and fee basis set forth in chapter 28B.15 RCW for
(2008 Ed.)
28B.50.140
a special fee to private or governmental entities, consistent
with rules adopted by the state board for community and
technical colleges: PROVIDED, That the whole of such special fee shall go to the college district and be not less than the
full instructional costs of such services including any salary
increases authorized by the legislature for community and
technical college employees during the term of the agreement: PROVIDED FURTHER, That enrollments generated
hereunder shall not be counted toward the official enrollment
level of the college district for state funding purposes;
(17) Notwithstanding any other provision of law, may
offer educational services on a contractual basis, charging
tuition and fees as set forth in chapter 28B.15 RCW, counting
such enrollments for state funding purposes, and may additionally charge a special supplemental fee when necessary to
cover the full instructional costs of such services: PROVIDED, That such contracts shall be subject to review by the
state board for community and technical colleges and to such
rules as the state board may adopt for that purpose in order to
assure that the sum of the supplemental fee and the normal
state funding shall not exceed the projected total cost of offering the educational service: PROVIDED FURTHER, That
enrollments generated by courses offered on the basis of contracts requiring payment of a share of the normal costs of the
course will be discounted to the percentage provided by the
college;
(18) Shall be authorized to pay dues to any association of
trustees that may be formed by the various boards of trustees;
such association may expend any or all of such funds to submit biennially, or more often if necessary, to the governor and
to the legislature, the recommendations of the association
regarding changes which would affect the efficiency of such
association;
(19) May participate in higher education centers and
consortia that involve any four-year public or independent
college or university: PROVIDED, That new degree programs or off-campus programs offered by a four-year public
or independent college or university in collaboration with a
community or technical college are subject to approval by the
h i g h e r e d u c a ti o n c o o r d i n a ti n g b o a r d u n d e r R C W
28B.76.230; and
(20) Shall perform any other duties and responsibilities
imposed by law or rule of the state board. [2005 c 258 § 9;
2004 c 275 § 58; 1997 c 281 § 1. Prior: 1991 c 238 § 39;
1991 c 58 § 1; 1990 c 135 § 1; prior: 1987 c 407 § 1; 1987 c
314 § 14; 1985 c 370 § 96; 1981 c 246 § 3; 1979 ex.s. c 226
§ 11; 1979 c 14 § 6; prior: 1977 ex.s. c 282 § 5; 1977 c 75 §
28; 1973 c 62 § 19; 1970 ex.s. c 15 § 17; prior: 1969 ex.s. c
283 § 30; 1969 ex.s. c 261 § 23; 1969 ex.s. c 223 §
28B.50.140; prior: 1967 ex.s. c 8 § 14.]
Findings—Intent—2005 c 258: See note following RCW 28B.45.014.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Severability—1987 c 314: See RCW 28B.52.900.
Severability—1981 c 246: See note following RCW 28B.50.090.
Effective date—Severability—1979 ex.s. c 226: See notes following
RCW 28B.59C.010.
Severability—1977 ex.s. c 282: See note following RCW 28B.50.870.
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
Severability—1970 ex.s. c 15: See note following RCW 28A.230.160.
[Title 28B RCW—page 149]
28B.50.1401
Title 28B RCW: Higher Education
Seve ra bi li ty—1 969 e x.s. c 283 : Se e no te fo llo wing R CW
28A.150.050.
Severability—1969 ex.s. c 261: See note following RCW 28B.50.020.
28B.50.1401 Lake Washington Technical College
board of trustees. There is hereby created a board of trustees for district twenty-six and Lake Washington VocationalTechnical Institute, hereafter known as Lake Washington
Technical College. The members of the board shall be
appointed pursuant to the provisions of RCW 28B.50.100.
[1991 c 238 § 24.]
28B.50.1401
28B.50.1402 Renton Technical College board of
trustees. There is hereby created a board of trustees for district twenty-seven and Renton Vocational-Technical Institute, hereafter known as Renton Technical College. The
members of the board shall be appointed pursuant to the provisions of RCW 28B.50.100. [1991 c 238 § 25.]
28B.50.1402
28B.50.1403 Bellingham Technical College board of
trustees. There is hereby created a board of trustees for district twenty-five and Bellingham Vocational-Technical Institute, hereafter known as Bellingham Technical College. The
members of the board shall be appointed pursuant to the provisions of RCW 28B.50.100. [1991 c 238 § 26.]
28B.50.1403
28B.50.1404 Bates Technical College board of trustees. There is hereby created a new board of trustees for district twenty-eight and Bates Vocational-Technical Institute,
hereafter known as Bates Technical College. The members of
the board shall be appointed pursuant to the provisions of
RCW 28B.50.100. [1991 c 238 § 27.]
require: PROVIDED, That the respective community and
technical colleges shall pay the fees for any such bonds.
[1991 c 238 § 40; 1977 ex.s. c 331 § 1.]
Effective date—Severability—1977 ex.s. c 331: See notes following
RCW 28B.15.031.
28B.50.143 Vendor payments, advances or reimbursements for. In order that each college treasurer
appointed in accordance with RCW 28B.50.142 may make
vendor payments, the state treasurer will honor warrants
drawn by each community and technical college providing
for one initial advance on July 1 of each succeeding biennium
from the state general fund in an amount equal to seventeen
percent of each institution’s average monthly allotment for
such budgeted biennium expenditures as certified by the
office of financial management, and at the conclusion of each
such initial month, and for each succeeding month of any
biennium, the state treasurer will reimburse each institution
for each expenditure incurred and reported monthly by each
college treasurer in accordance with chapter 43.83 RCW:
PROVIDED, That the reimbursement to each institution for
actual expenditures incurred in the final month of each biennium shall be less the initial advance. [1991 c 238 § 41; 1985
c 180 § 1; 1979 c 151 § 21; 1977 ex.s. c 331 § 2.]
28B.50.143
Effective date—Severability—1977 ex.s. c 331: See notes following
RCW 28B.15.031.
28B.50.1404
28B.50.1405 Clover Park Technical College board of
trustees. There is hereby created a new board of trustees for
district twenty-nine and Clover Park Vocational-Technical
Institute, hereafter known as Clover Park Technical College.
The members of the board shall be appointed pursuant to the
provisions of RCW 28B.50.100. [1991 c 238 § 28.]
28B.50.1405
28B.50.1406 Cascadia Community College board of
trustees. There is hereby created a board of trustees for district thirty and Cascadia Community College. The members
of the board shall be appointed pursuant to the provisions of
RCW 28B.50.100. [1994 c 217 § 4.]
28B.50.1406
Effective date—1994 c 217: See note following RCW 28B.45.0201.
Findings—1994 c 217: See RCW 28B.45.0201.
28B.50.141 Credits—Statewide transfer policy and
agreement—Establishment. See RCW 28B.76.240 and
28B.76.2401.
28B.50.141
28B.50.142 Treasurer of board—Duties—Bond.
Each board of trustees shall appoint a treasurer who shall be
the financial officer of the board and who shall hold office
during the pleasure of the board. Each treasurer shall render a
true and faithful account of all moneys received and paid out
by him or her, comply with the provisions of RCW
28B.50.143, and shall give bond for the faithful performance
of the duties of his or her office in such amount as the trustees
28B.50.142
[Title 28B RCW—page 150]
28B.50.145 Community or technical college faculty
senate. The boards of trustees of the various college districts
may create at each community or technical college under
their control a faculty senate or similar organization to be
selected by periodic vote of the respective faculties thereof.
[1991 c 238 § 42; 1969 ex.s. c 283 § 51. Formerly RCW
28.85.145.]
28B.50.145
Seve ra bili ty— 1969 e x.s. c 283 : Se e no te fo llo wing R CW
28A.150.050.
28B.50.150 Out-of-district residence not to affect
enrollment for state resident. Any resident of the state may
enroll in any program or course maintained or conducted by
a college district upon the same terms and conditions regardless of the district of his or her residence. [1991 c 238 § 43;
1969 ex.s. c 223 § 28B.50.150. Prior: 1967 ex.s. c 8 § 15.
Formerly RCW 28.85.150.]
28B.50.150
28B.50.195 Intercollegiate coaches—Minimum standards encouraged. The state board for community and technical colleges in consultation with the Northwest athletic
association of community colleges and other interested parties shall encourage community colleges to ensure that intercollegiate coaches meet the following minimum standards:
(1) Verification of up-to-date certification in first aid and
cardiopulmonary resuscitation;
(2) Maintaining knowledge of Northwest athletic association of community colleges codes, rules, and institutional
policy; and
(3) Encouragement of coaches to participate in appropriate in-service training and activities. [1993 c 94 § 2.]
28B.50.195
Policy—1993 c 94: "The legislature supports the establishment of minimum standards for intercollegiate coaches and a process to ensure the safety
and appropriate skill development of student athletes." [1993 c 94 § 1.]
(2008 Ed.)
Community and Technical Colleges
28B.50.196 Intercollegiate coaches—Training to
promote coaching competence and techniques. The community and technical colleges are encouraged to provide
training to promote development of coaching competence
and to enhance the coaching techniques of intercollegiate
coaches. The community and technical colleges may offer
this educational service to coaches in the community and
technical colleges, common schools, amateur teams, youth
groups, and community sports groups. The community and
technical colleges may provide this educational service
through curriculum courses, workshops, or in-service training. [1993 c 94 § 3.]
28B.50.196
28B.50.254
The county coordinating committee shall not employ its own
staff, but shall instead utilize staff of the colleges in the
county. The regional planning agreement adopted by the
county coordinating committee shall include, but shall not be
limited to: The items listed in this section, the transfer of
credits between technical and community colleges, program
articulation, and the avoidance of unnecessary duplication in
programs, activities, and services. [1997 c 281 § 2; 1991 c
238 § 144.]
28B.50.239 High-technology education and training.
See chapter 28B.65 RCW.
28B.50.239
Policy—1993 c 94: See note following RCW 28B.50.195.
28B.50.242 Video telecommunications programming. The state board for community and technical colleges
shall provide statewide coordination of video telecommunications programming for the community and technical college system. [1991 c 238 § 45; 1990 c 208 § 10.]
28B.50.242
28B.50.205 AIDS information—Community and
technical colleges. The state board for community and technical colleges shall make information available to all newly
matriculated students on methods of transmission of the
human immunodeficiency virus and prevention of acquired
immunodeficiency syndrome. The curricula and materials
shall be reviewed for medical accuracy by the office on AIDS
in coordination with the appropriate regional AIDS service
network. [1991 c 238 § 44; 1988 c 206 § 502.]
28B.50.205
Severability—1988 c 206: See RCW 70.24.900.
28B.50.215 Overlapping service areas—Regional
planning agreements. The colleges in each overlapping service area shall jointly submit for approval to the state board
for community and technical colleges a regional planning
agreement. The agreement shall provide for the ongoing
interinstitutional coordination of community and technical
college programs and services operated in the overlapping
service area. The agreement shall include the means for the
adjudication of issues arising from overlapping service areas.
The agreement shall include a definitive statement of mission, scope, and purpose for each college including the nature
of courses, programs, and services to be offered by each college.
Technical colleges may, under the rules of the state
board for community and technical colleges, offer all specific
academic support courses that may be at a transfer level that
are required of all students to earn a particular certificate or
degree. This shall not be interpreted to mean that their mission may be expanded to include transfer preparation, nor
does it preclude technical colleges from voluntarily and
cooperatively using available community college courses as
components of technical college programs.
Any part of the agreement that is not approved by all the
colleges in the service area, shall be determined by the state
board for community and technical colleges. Approved
regional planning agreements shall be enforced by the full
authority of the state board for community and technical colleges. Changes to the agreement are subject to state board
approval.
For the purpose of creating and adopting a regional planning agreement, the trustees of the colleges in Pierce county
shall form a county coordinating committee. The county
coordinating committee shall consist of eight members. Each
college board of trustees in Pierce county shall select two of
its members to serve on the county coordinating committee.
28B.50.215
(2008 Ed.)
28B.50.250 Adult education programs in common
school districts, limitations—Certain federal programs,
administration. The state board for community and technical colleges and the state board of education are hereby
authorized to permit, on an ad hoc basis, the common school
districts to conduct pursuant to RCW 28B.50.530 a program
in adult education in behalf of a college district when such
program will not conflict with existing programs of the same
nature and in the same geographical area conducted by the
college districts: PROVIDED, That federal programs for
adult education shall be administered by the state board for
community and technical colleges, which agency is hereby
declared to be the state educational agency primarily responsible for supervision of adult education in the public schools
as defined by *RCW 28B.50.020. [1991 c 238 § 46; 1969
ex.s. c 261 § 25; 1969 ex.s. c 223 § 28B.50.250. Prior: 1967
ex.s. c 8 § 25.]
28B.50.250
*Reviser’s note: The reference to RCW 28B.50.020 appears to be erroneous. "Adult education" is defined in RCW 28B.50.030.
Severability—1969 ex.s. c 261: See note following RCW 28B.50.020.
Community education programs: RCW 28A.620.020.
28B.50.252 Districts offering vocational educational
programs—Local advisory committees—Advice on current job needs. (1) Each local education agency or college
district offering vocational educational programs shall establish local advisory committees to provide that agency or district with advice on current job needs and on the courses necessary to meet these needs.
(2) The local program committees shall:
(a) Participate in the determination of program goals;
(b) Review and evaluate program curricula, equipment,
and effectiveness;
(c) Include representatives of business and labor who
reflect the local industry, and the community; and
(d) Actively consult with other representatives of business, industry, labor, and agriculture. [1991 c 238 § 77.]
28B.50.252
28B.50.254 Advisory council on adult education—
Workforce training and education coordinating board to
monitor. (1) There is hereby created the Washington advi28B.50.254
[Title 28B RCW—page 151]
28B.50.256
Title 28B RCW: Higher Education
sory council on adult education. The advisory council shall
advise the state board for community and technical colleges
and the workforce training and education coordinating board
concerning adult basic education and literacy programs. The
advisory council shall perform all duties of state advisory
councils on adult education as specified in P.L. 100-297, as
amended. The advisory council’s actions shall be consistent
with the state comprehensive plan for workforce training and
education prepared by the workforce training and education
coordinating board as provided for in RCW 28C.18.060.
(2) The advisory council on adult education shall consist
of nine members as required by federal law, appointed by the
governor. In making these appointments, to the maximum
extent feasible, the governor shall give consideration to providing overlapping membership with the membership of the
state job training coordinating council, and the governor shall
give consideration to individuals with expertise and experience in adult basic education.
(3) The workforce training and education coordinating
board shall monitor the need for the council as described in
subsection (1) of this section, and, if that need no longer
exists, propose legislation to terminate the council. [1991 c
238 § 19.]
28B.50.256
28B.50.256 Facilities shared by vocational-technical
institute programs and K-12 programs. If, before September 1, 1991, the use of a single building facility is being
shared between an existing vocational-technical institute program and a K-12 program, the respective boards shall continue to share the use of the facility until such time as it is
convenient to remove one of the two programs to another
facility. The determination of convenience shall be based
solely upon the best interests of the students involved.
If a vocational-technical institute district board and a
common school district board are sharing the use of a single
facility, the program occupying the majority of the space of
such facility, exclusive of space utilized equally by both,
shall determine which board will be charged with the administration and control of such facility. The determination of
occupancy shall be based upon the space occupied as of January 1, 1990.
The board charged with the administration and control of
such facility may share expenses with the other board for the
use of the facility.
In the event that the two boards are unable to agree upon
which board is to administer and control the facility or upon
a fair share of expenses for the use of the facility, the governor shall appoint an arbitrator to settle the matter. The decisions of the arbitrator shall be final and binding upon both
boards. The expenses of the arbitration shall be divided
equally by each board. [1991 c 238 § 132.]
28B.50.259
28B.50.259 Program for dislocated forest products
workers—Waiver from tuition and fees. (1) The state
board for community and technical colleges shall administer
a program designed to provide higher education opportunities
to dislocated forest products workers and their unemployed
spouses who are enrolled in a community or technical college
for ten or more credit hours per quarter. In administering the
[Title 28B RCW—page 152]
program, the college board shall have the following powers
and duties:
(a) With the assistance of an advisory committee, design
a procedure for selecting dislocated forest products workers
to participate in the program;
(b) Allocate funding to community and technical colleges attended by participants; and
(c) Monitor the program and report on participants’
progress and outcomes.
(2) Unemployed spouses of eligible dislocated forest
products workers may participate in the program, but tuition
and fees may be waived under the program only for the
worker or the spouse and not both.
(3) Subject to the limitations of RCW 28B.15.910, the
governing boards of the community and technical colleges
may waive all or a portion of tuition and fees for program participants, for a maximum of six quarters within a two-year
period.
(4) During any biennium, the number of full-time equivalent students to be served in this program shall be determined by the applicable omnibus appropriations act, and
shall be in addition to the community college enrollment
level funded by the applicable omnibus appropriations act.
[1998 c 245 § 21; 1993 sp.s. c 18 § 32; 1992 c 231 § 29; 1991
c 315 § 17.]
Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Intent—1991 c 315: See note following RCW 50.12.270.
Severability—Conflict with federal requirements—Effective date—
1991 c 315: See RCW 50.70.900 through 50.70.902.
28B.50.271 Opportunity grant program. (1) The college board shall develop and implement a workforce education program known as the opportunity grant program to provide financial and other assistance for students enrolled at
qualified institutions of higher education in opportunity
grant-eligible programs of study as described in RCW
28B.50.273. Students enrolled in the opportunity grant program are eligible for:
(a) Funding for tuition and mandatory fees at the public
community and technical college rate, prorated if the credit
load is less than full time, paid directly to the educational
institution; and
(b) An additional one thousand dollars per academic year
for books, tools, and supplies, prorated if the credit load is
less than full time.
(2) Funding under subsection (1)(a) and (b) of this section is limited to a maximum forty-five credits or the equivalent in an opportunity grant-eligible program of study, including required related courses. No student may receive opportunity grant funding for more than forty-five credits or for
more than three years from initial receipt of grant funds in
one or a combination of programs.
(3) Grants awarded under this section are subject to the
availability of amounts appropriated for this specific purpose.
[2007 c 277 § 101.]
28B.50.271
Findings—2007 c 277: "The legislature finds that:
(1) The economic trends of globalization and technological change are
increasing the demand for higher and differently skilled workers than in the
past;
(2) Increasing Washington’s economic competitiveness requires
(2008 Ed.)
Community and Technical Colleges
increasing the supply of skilled workers in the state;
(3) Improving the labor market competitiveness of all Washington residents requires that all residents have access to postsecondary education; and
(4) Community and technical college workforce training programs and
Washington state apprenticeship and training council-approved apprenticeship programs provide effective and efficient pathways for people to enter
high wage, high skill careers while also meeting the needs of the economy."
[2007 c 277 § 1.]
Part headings not law—2007 c 277: "Part headings used in this act are
not any part of the law." [2007 c 277 § 302.]
Educational opportunity grant program—Placebound students: Chapter
28B.101 RCW.
28B.50.272 Opportunity grant program—Student
eligibility—Funding—Performance measures—Documentation—Annual summary. (1) To be eligible for participation in the opportunity grant program established in
RCW 28B.50.271, a student must:
(a) Be a Washington resident student as defined in RCW
28B.15.012 enrolled in an opportunity grant-eligible program
of study;
(b) Have a family income that is at or below two hundred
percent of the federal poverty level using the most current
guidelines available from the United States department of
health and human services, and be determined to have financial need based on the free application for federal student aid;
and
(c) Meet such additional selection criteria as the college
board shall establish in order to operate the program within
appropriated funding levels.
(2) Upon enrolling, the student must provide evidence of
commitment to complete the program. The student must
make satisfactory progress and maintain a cumulative 2.0
grade point average for continued eligibility. If a student’s
cumulative grade point average falls below 2.0, the student
may petition the institution of higher education of attendance.
The qualified institution of higher education has the authority
to establish a probationary period until such time as the student’s grade point average reaches required standards.
(3) Subject to funds appropriated for this specific purpose, public qualified institutions of higher education shall
receive an enhancement of one thousand five hundred dollars
for each full-time equivalent student enrolled in the opportunity grant program whose income is below two hundred percent of the federal poverty level. The funds shall be used for
individualized support services which may include, but are
not limited to, college and career advising, tutoring, emergency child care, and emergency transportation. The qualified institution of higher education is expected to help students access all financial resources and support services
available to them through alternative sources.
(4) The college board shall be accountable for student
retention and completion of opportunity grant-eligible programs of study. It shall set annual performance measures and
targets and monitor the performance at all qualified institutions of higher education. The college board must reduce
funding at institutions of higher education that do not meet
targets for two consecutive years, based on criteria developed
by the college board.
(5) The college board and higher education coordinating
board shall work together to ensure that students participating
in the opportunity grant program are informed of all other
28B.50.272
(2008 Ed.)
28B.50.274
state and federal financial aid to which they may be entitled
while receiving an opportunity grant.
(6) The college board and higher education coordinating
board shall document the amount of opportunity grant assistance and the types and amounts of other sources of financial
aid received by participating students. Annually, they shall
produce a summary of the data.
(7) The college board shall:
(a) Begin developing the program no later than August 1,
2007, with student enrollment to begin no later than January
14, 2008; and
(b) Submit a progress report to the legislature by December 1, 2008.
(8) The college board may, in implementing the opportunity grant program, accept, use, and expend or dispose of
contributions of money, services, and property. All such
moneys received by the college board for the program must
be deposited in an account at a depository approved by the
state treasurer. Only the college board or a duly authorized
representative thereof may authorize expenditures from this
account. In order to maintain an effective expenditure and
revenue control, the account is subject in all respects to chapter 43.88 RCW, but no appropriation is required to permit
expenditure of moneys in the account. [2007 c 277 § 102.]
Findings—Part headings not law—2007 c 277: See notes following
RCW 28B.50.271.
28B.50.273 Identification of job training programs—
Designation as opportunity grant-eligible programs of
study—Marketing. The college board, in partnership with
business, labor, and the workforce training and education
coordinating board, shall:
(1) Identify job-specific training programs offered by
qualified postsecondary institutions that lead to a credential,
certificate, or degree in green industry occupations as established in chapter 14, Laws of 2008, and other high demand
occupations, which are occupations where data show that
employer demand for workers exceeds the supply of qualified job applicants throughout the state or in a specific region,
and where training capacity is underutilized;
(2) Gain recognition of the credentials, certificates, and
degrees by Washington’s employers and labor organizations.
The college board shall designate these recognized credentials, certificates, and degrees as "opportunity grant-eligible
programs of study"; and
(3) Market the credentials, certificates, and degrees to
potential students, businesses, and apprenticeship programs
as a way for individuals to advance in their careers and to better meet the needs of industry. [2008 c 14 § 10; 2007 c 277 §
201.]
28B.50.273
Findings—Intent—Scope of chapter 14, Laws of 2008—Severability—2008 c 14: See RCW 70.235.005, 70.235.900, and 70.235.901.
Findings—Part headings not law—2007 c 277: See notes following
RCW 28B.50.271.
28B.50.274 Opportunity partnership program. (1)
Community and technical colleges shall partner with local
workforce development councils to develop the opportunity
partnership program. The opportunity partnership program
may be newly developed or part of an existing program, and
shall provide mentoring to students participating in the
28B.50.274
[Title 28B RCW—page 153]
28B.50.301
Title 28B RCW: Higher Education
opportunity grant program. The program must develop criteria and identify opportunity grant students who would benefit
by having a mentor. Each participating student shall be
matched with a business or labor mentor employed in the
field in which the student is interested. The mentor shall help
the student explore careers and employment options through
any combination of tours, informational interviews, job shadowing, and internships.
(2) Subject to funds appropriated for this specific purpose, the workforce training and education coordinating
board shall create the opportunity partnership program. The
board, in partnership with business, labor, and the college
board, shall determine the criteria for the distribution of
funds.
(3) The board may, in implementing this section, accept,
use, and dispose of contributions of money, services, and
property. All moneys received by the board for the purposes
of this section must be deposited in a depository approved by
the state treasurer. Only the board or a duly authorized representative thereof may authorize expenditures from this
account. In order to maintain an effective expenditure and
revenue control, the account is subject in all respects to chapter 43.88 RCW, but no appropriation is required to permit
expenditure of moneys in the account. [2007 c 277 § 202.]
Findings—Part headings not law—2007 c 277: See notes following
RCW 28B.50.271.
28B.50.301 Title to or all interest in real estate, choses in action and assets obtained for vocational-technical
institute purposes by school districts—Vest in or assigned
to district board—Exceptions. Title to or all interest in real
estate, choses in action and all other assets, and liabilities
including court claims, including but not limited to assignable contracts, cash, deposits in county funds (including any
interest or premiums thereon), equipment, buildings, facilities, and appurtenances thereto held as of September 1, 1991,
by or for a school district and obtained identifiably with federal, state, or local funds appropriated for vocational-technical institutes [institute] purposes or postsecondary vocational
educational purposes, or used or obtained with funds budgeted for postsecondary vocational educational purposes, or
used or obtained primarily for vocational-technical institute
educational purposes, shall, on the date on which the first
board of trustees of each district takes office, vest in or be
assigned to the district board. Cash, funds, accounts, or other
deposits obtained or raised by a school district to pay for
indebtedness, bonded or otherwise, contracted on or before
September 1, 1991, for vocational-technical institute purposes shall remain with and continue to be, after February 2,
1992, an asset of the school district. Any option acquired by
the school district to purchase real property which in the
judgment of the school district will be used in the common
school program may remain with the school district notwithstanding that such option was obtained in consideration of the
purchase by such school district of other property for vocational-technical institute purposes. Unexpended funds of a
common school district derived from the sale, before September 1, 1991, of bonds authorized for any purpose which
includes vocational-technical institute purposes and not committed for any existing construction contract, shall remain
with and continue to be an asset of such common school dis28B.50.301
[Title 28B RCW—page 154]
trict, unless within thirty days after said date such common
school district determines to transfer such funds to the board
of trustees. [1991 c 238 § 115.]
28B.50.302 Title to or all interest in real estate, choses in action and assets obtained for vocational-technical
institute purposes by school districts—Vest in or assigned
to state board for community and technical colleges—
Exceptions. Title to or all interest in real estate, choses in
action, and all other assets and liabilities, including court
claims, including but not limited to assignable contracts,
cash, deposits in county funds (including any interest or premiums thereon), equipment, buildings, facilities, and appurtenances thereto held as of September 1, 1991, by or for a
school district and obtained identifiably with federal, state, or
local funds appropriated for vocational-technical institute
purposes or postsecondary vocational educational purposes,
or used or obtained with funds budgeted for vocational-technical institute purposes or postsecondary vocational education purposes, or used or obtained primarily for vocational
education purposes, and all liabilities including, but not limited to court claims incurred on behalf of a vocational-technical institute by a school district, shall, on the date on which
the first board of trustees of each college district takes office,
vest in or be assigned to the state board for community and
technical colleges. Grounds that have been used primarily as
a playground for children shall continue to be made available
for such use.
Cash, funds, accounts, or other deposits obtained or
raised by a school district to pay for indebtedness, bonded or
otherwise, contracted on or before September 1, 1991, for
vocational-technical institute purposes shall remain with and
continue to be, after September 1, 1991, an asset of the school
district.
Any option acquired by the school district to purchase
real property which in the judgment of the school district will
be used in the common school program may remain with the
school district notwithstanding that such option was obtained
in consideration of the purchase by such school district of
other property for vocational-technical institute purposes.
Unexpended funds of a common school district derived
from the sale of bonds issued for vocational-technical institute capital purposes and not committed for any existing construction contract, shall be transferred to the college district
of which the institute is a part for application to such projects.
For the purposes of this section and to facilitate the process of allocating the assets, the board of directors of each
school district in which a vocational-technical institute is
located, and the director of each vocational-technical institute, shall each submit to the state board of education, and the
state board for community and technical colleges within
ninety days of September 1, 1991, an inventory listing all real
estate, personal property, choses in action, and other assets,
held by a school district which, under the criteria of this section, will become the assets of the state board for community
and technical colleges.
However, assets used primarily for vocational-technical
institute purposes shall include, but not be limited to, all
assets currently held by school districts which have been used
on an average of at least seventy-five percent of the time during the 1989-90 school year, or if acquired subsequent to July
28B.50.302
(2008 Ed.)
Community and Technical Colleges
1, 1990, since its time of acquisition, for vocational-technical
institute purposes, except that facilities used during school
construction and remodeling periods to house vocationaltechnical institute programs temporarily and facilities that
were vacated by the vocational-technical institute and
returned to the school district during 1990-91 are not subject
to this requirement.
The ultimate decision and approval with respect to the
allocation and dispositions of the assets and liabilities including court claims under this section shall be made by a task
force appointed by the governor in consultation with the
superintendent of public instruction and the state board for
community and technical colleges. Any issues remaining in
dispute shall be settled by the governor or the governor’s designee. The decision of the governor, the governor’s designee,
or the task force may be appealed within sixty days after such
decision is issued by appealing to the district court of Thurston county. The decision of the superior court may be
appealed to the supreme court of the state in accordance with
the provision[s] of the administrative procedure act, chapter
34.05 RCW. [1991 c 238 § 131.]
28B.50.328
28B.50.307 Seattle Vocational Institute—Funding.
Funding for the institute shall be included in a separate allocation to the sixth college district, and funds allocated for the
institute shall be used only for purposes of the institute.
[1991 c 238 § 101.]
28B.50.307
28B.50.310 Community college fees.
28B.15 RCW.
28B.50.310
See chapter
28B.50.311 Community college fees—Waiver of
tuition and fees for long-term unemployed or underemployed persons—Conditions—Rules.
See RCW
28B.15.522.
28B.50.311
28B.50.312 Resident tuition for participants in community college international student exchange program. See RCW 28B.15.526.
28B.50.312
28B.50.313 Waiver of the nonresident portion of
tuition and fees for students of foreign nations. See RCW
28B.15.527.
28B.50.313
28B.50.320 Fees and other income—Deposit—Disbursement. All operating fees, services and activities fees,
and all other income which the trustees are authorized to
impose shall be deposited as the trustees may direct unless
otherwise provided by law. Such sums of money shall be subject to the budgetary and audit provisions of law applicable to
state agencies. The depository selected by the trustees shall
conform to the collateral requirements required for deposit of
other state funds.
Disbursement shall be made by check signed by the president of the college or the president’s designee appointed in
writing, and such other person as may be designated by the
board of trustees of the college district. Each person authorized to sign as provided above, shall execute a surety bond as
provided in RCW 43.17.100. Said bond or bonds shall be
filed in the office of the secretary of state. [1991 c 238 § 47;
1971 ex.s. c 279 § 17; 1970 ex.s. c 59 § 4; 1969 ex.s. c 238 §
5; 1969 ex.s. c 223 § 28B.50.320. Prior: 1967 ex.s. c 8 § 32.]
28B.50.320
28B.50.305
28B.50.305 Seattle Vocational Institute—Findings.
The legislature finds that a vocational institute in the central
area of the city of Seattle provides civic, social, and economic
benefits to the people of the state of Washington. Economic
development is enhanced by increasing the number of skilled
individuals who enter the labor market and social welfare
costs are reduced by the training of individuals lacking marketable skills. The students at the institute are historically
economically disadvantaged, and include racial and ethnic
minorities, recent immigrants, single-parent heads of households, and persons who are dislocated workers or without
specific occupational skills. The institute presents a unique
opportunity for business, labor, and community-based organizations, and educators to work together to provide effective
vocational-technical training to the economically disadvantaged of urban Seattle, and to serve as a national model of
such cooperation. Moreover, a trained workforce is a major
factor in attracting new employers, and with greater minority
participation in the workforce, the institute is uniquely
located to deliver training and education to the individuals
employers must increasingly turn to for their future workers.
[1991 c 238 § 93.]
28B.50.306
28B.50.306 Seattle Vocational Institute—Mission—
Advisory committee to advise. The mission of the institute
shall be to provide occupational, basic skills, and literacy
education opportunities to economically disadvantaged populations in urban areas of the college district it serves. The
mission shall be achieved primarily through open-entry,
open-exit, short-term, competency-based basic skill, and job
training programs targeted primarily to adults. The board of
trustees of the sixth college district shall appoint a nine-member advisory committee consisting of equal representation
from business, labor, and community representatives to provide advice and counsel to the administration of the institute
and the district administration. [1991 c 238 § 100.]
(2008 Ed.)
Severability—1971 ex.s. c 279: See note following RCW 28B.15.005.
Severability—1970 ex.s. c 59: See note following RCW 28B.15.520.
28B.50.327 Collection of student tuition and fees—
Seattle Vocational Institute. Notwithstanding the provisions of chapter 28B.15 RCW, technical colleges and the
Seattle Vocational Institute may continue to collect student
tuition and fees per their standard operating procedures in
effect on September 1, 1991. The applicability of existing
community college rules and statutes pursuant to chapter
28B.15 RCW regarding tuition and fees shall be determined
by the state board for community and technical colleges
within two years of September 1, 1991. [1991 c 238 § 84.]
28B.50.327
28B.50.328 Waivers of tuition and fees—Scholarships—Employment of instructional staff and faculty—
Seattle Vocational Institute. The district may provide for
waivers of tuition and fees and provide scholarships for students at the institute. The district may negotiate with applicable public or private service providers to conduct the instruc28B.50.328
[Title 28B RCW—page 155]
28B.50.330
Title 28B RCW: Higher Education
tional activities of the institute. The district may employ
instructional staff or faculty. The district may also contract
with private individuals for instructional services. Until at
least July 1, 1993, all faculty and staff serve at the pleasure of
the district. In order to allow the district flexibility in its personnel policies with the institute, the district and the institute,
with reference to employees of the institute employed during
an initial two-year period until July 1, 1993, are exempt from
chapters *28B.16, 28B.52 (relating to collective bargaining),
41.04, 41.05, 41.06, and 41.40 RCW; from RCW 43.01.040
through 43.01.044; and from RCW 28B.50.551 and
28B.50.850 through 28B.50.875 (relating to faculty tenure).
[1991 c 238 § 103.]
*Reviser’s note: Chapter 28B.16 RCW was repealed by 1993 c 281,
with the exception of RCW 28B.16.015 and 28B.16.240, which was recodified as RCW 41.06.382. The powers, duties, and functions of the state higher
education personnel board were transferred to the Washington personnel
resources board. RCW 28B.16.015 and 41.06.382 were subsequently
repealed by 2002 c 354 § 403, effective July 1, 2005.
28B.50.330
28B.50.330 Construction, reconstruction, equipping,
and demolition of community and technical college facilities and acquisition of property—Revenue bond financing—Public bid. (1) The boards of trustees of college districts are empowered in accordance with the provisions of
this chapter to provide for the construction, reconstruction,
erection, equipping, demolition, and major alterations of
buildings and other capital assets, and the acquisition of sites,
rights-of-way, easements, improvements, or appurtenances
for the use of the aforementioned colleges as authorized by
the college board in accordance with RCW 28B.50.140; to be
financed by bonds payable out of special funds from revenues hereafter derived from income received from such facilities, gifts, bequests, or grants, and such additional funds as
the legislature may provide, and payable out of a bond retirement fund to be established by the respective district boards
in accordance with rules and regulations of the state board.
With respect to building, improvements, or repairs, or other
work, where the estimated cost exceeds fifty-five thousand
dollars, or thirty-five thousand dollars if the work involves
one trade or craft area, complete plans and specifications for
the work shall be prepared, the work shall be put out for a
public bid, and the contract shall be awarded to the responsible bidder who submits the lowest responsive bid. Any
project regardless of dollar amount may be put to public bid.
(2) This section does not apply when a contract is
awarded by the small works roster procedure authorized in
RCW 39.04.155.
(3) Where the estimated cost to any college of any building, improvements, or repairs, or other work, is less than
fifty-five thousand dollars, or thirty-five thousand dollars if
the work involves one trade or craft area, the publication
requirements of RCW 39.04.020 do not apply. [2007 c 495 §
2; 1993 c 379 § 108; 1991 c 238 § 48; 1979 ex.s. c 12 § 2;
1969 ex.s. c 223 § 28B.50.330. Prior: 1967 ex.s. c 8 § 33.
Formerly RCW 28.85.330.]
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
Severability—1979 ex.s. c 12: See note following RCW 28B.10.350.
[Title 28B RCW—page 156]
28B.50.340 Construction, reconstruction, equipping
and demolition of community and technical college facilities and acquisition of property—Financing by bonds
secured by pledge of building fees, grants. In addition to
the powers conferred under RCW 28B.50.090, the college
board is authorized and shall have the power:
(1) To permit the district boards of trustees to contract
for the construction, reconstruction, erection, equipping,
maintenance, demolition and major alterations of buildings
and other capital assets, and the acquisition of sites, rights-ofway, easements, improvements or appurtenances of the college as approved by the state board.
(2) To finance the same by the issuance of bonds secured
by the pledge of up to one hundred percent of the building
fees.
(3) Without limitation of the foregoing, to accept grants
from the United States government, or any federal or state
agency or instrumentality, or private corporation, association,
or person to aid in defraying the costs of any such projects.
(4) To retain bond counsel and professional bond consultants to aid it in issuing bonds pursuant to RCW
28B.50.340 through 28B.50.400. [1991 c 238 § 49; 1985 c
390 § 54; 1971 ex.s. c 279 § 18; 1970 ex.s. c 15 § 18. Prior:
1969 ex.s. c 261 § 26; 1969 ex.s. c 238 § 6; 1969 ex.s. c 223
§ 28B.50.340; prior: 1967 ex.s. c 8 § 34.]
28B.50.340
Severability—1971 ex.s. c 279: See note following RCW 28B.15.005.
Severability—1970 ex.s. c 15: See note following RCW 28A.230.160.
28B.50.350 Construction, reconstruction, equipping
and demolition of community and technical college facilities and acquisition of property—Bonds—Requirements.
For the purpose of financing the cost of any projects, the college board is hereby authorized to adopt the resolution or resolutions and prepare all other documents necessary for the
issuance, sale and delivery of the bonds or any part thereof at
such time or times as it shall deem necessary and advisable.
Said bonds:
(1) Shall not constitute:
(a) An obligation, either general or special, of the state;
or
(b) A general obligation of the college or of the college
board;
(2) Shall be:
(a) Either registered or in coupon form; and
(b) Issued in denominations of not less than one hundred
dollars; and
(c) Fully negotiable instruments under the laws of this
state; and
(d) Signed on behalf of the college board with the manual or facsimile signature of the chairman of the board,
attested by the secretary of the board, have the seal of the college board impressed thereon or a facsimile of such seal
printed or lithographed in the bottom border thereof, and the
coupons attached thereto shall be signed with the facsimile
signatures of such chairman and the secretary;
(3) Shall state:
(a) The date of issue; and
(b) The series of the issue and be consecutively numbered within the series; and
28B.50.350
(2008 Ed.)
Community and Technical Colleges
(c) That the bond is payable both principal and interest
solely out of the bond retirement fund created for retirement
thereof;
(4) Each series of bonds shall bear interest, payable
either annually or semiannually, as the board may determine;
(5) Shall be payable both principal and interest out of the
bond retirement fund;
(6) Shall be payable at such times over a period of not to
exceed forty years from date of issuance, at such place or
places, and with such reserved rights of prior redemption, as
the board may prescribe;
(7) Shall be sold in such manner and at such price as the
board may prescribe;
(8) Shall be issued under and subject to such terms, conditions and covenants providing for the payment of the principal thereof and interest thereon and such other terms, conditions, covenants and protective provisions safeguarding
such payment, not inconsistent with RCW 28B.50.330
through 28B.50.400, and as found to be necessary by the
board for the most advantageous sale thereof, which may
include but not be limited to:
(a) A covenant that a reserve account shall be created in
the bond retirement fund to secure the payment of the principal of and interest on all bonds issued and a provision made
that certain amounts be set aside and maintained therein;
(b) A covenant that sufficient moneys may be transferred
from the capital projects account of the college board issuing
the bonds to the bond retirement fund of the college board
when ordered by the board in the event there is ever an insufficient amount of money in the bond retirement fund to pay
any installment of interest or principal and interest coming
due on the bonds or any of them;
(c) A covenant fixing conditions under which bonds on a
parity with any bonds outstanding may be issued.
The proceeds of the sale of all bonds, exclusive of
accrued interest which shall be deposited in the bond retirement fund, shall be deposited in the state treasury to the credit
of the capital projects account of the college board and shall
be used solely for paying the costs of the projects, the costs of
bond counsel and professional bond consultants incurred in
issuing the bonds, and for the purposes set forth in subsection
(8)(b) of this section;
(9) Shall constitute a prior lien and charge against the
building fees of the community and technical colleges. [1991
c 238 § 50; 1985 c 390 § 55; 1971 ex.s. c 279 § 19; 1971 c 8
§ 2; 1970 ex.s. c 59 § 2; 1970 ex.s. c 56 § 32; 1970 ex.s. c 15
§ 19; 1969 ex.s. c 261 § 27; 1969 ex.s. c 232 § 106; 1969 ex.s.
c 223 § 28B.50.350. Prior: 1967 ex.s. c 8 § 35.]
Severability—1971 ex.s. c 279: See note following RCW 28B.15.005.
Severability—1970 ex.s. c 59: See note following RCW 28B.15.520.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Severability—1970 ex.s. c 15: See note following RCW 28A.230.160.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
28B.50.360 Construction, reconstruction, equipping,
and demolition of community and technical college facilities and acquisition of property—Community and technical college capital projects account—Disposition of building fees. Within thirty-five days from the date of start of each
28B.50.360
(2008 Ed.)
28B.50.360
quarter all collected building fees of each such community
and technical college shall be paid into the state treasury, and
shall be credited as follows:
(1) On or before June 30th of each year the college board
if issuing bonds payable out of building fees shall certify to
the state treasurer the amounts required in the ensuing
twelve-month period to pay and secure the payment of the
principal of and interest on such bonds. The state treasurer
shall thereupon deposit the amounts so certified in the community and technical college capital projects account. Such
amounts of the funds deposited in the community and technical college capital projects account as are necessary to pay
and secure the payment of the principal of and interest on the
building bonds issued by the college board as authorized by
this chapter shall be exclusively devoted to that purpose. If in
any twelve-month period it shall appear that the amount certified by the college board is insufficient to pay and secure
the payment of the principal of and interest on the outstanding building bonds, the state treasurer shall notify the college
board and such board shall adjust its certificate so that all
requirements of moneys to pay and secure the payment of the
principal and interest on all such bonds then outstanding shall
be fully met at all times.
(2) The community and technical college capital projects
account is hereby created in the state treasury. The sums
deposited in the capital projects account shall be appropriated
and expended exclusively to pay and secure the payment of
the principal of and interest on bonds payable out of the
building fees and for the construction, reconstruction, erection, equipping, maintenance, demolition and major alteration of buildings and other capital assets owned by the state
board for community and technical colleges in the name of
the state of Washington, and the acquisition of sites, rightsof-way, easements, improvements or appurtenances in relation thereto, engineering and architectural services provided
by the department of general administration, and for the payment of principal of and interest on any bonds issued for such
purposes. [2005 c 488 § 922; 2004 c 277 § 910; 2002 c 238
§ 303; 2000 c 65 § 1; 1997 c 42 § 1; 1991 sp.s. c 13 §§ 47, 48;
1991 c 238 § 51. Prior: 1985 c 390 § 56; 1985 c 57 § 16;
1974 ex.s. c 112 § 4; 1971 ex.s. c 279 § 20; 1970 ex.s. c 15 §
20; prior: 1969 ex.s. c 261 § 28; 1969 ex.s. c 238 § 7; 1969
ex.s. c 223 § 28B.50.360; prior: 1967 ex.s. c 8 § 36.]
Part headings not law—2005 c 488: "Part headings in this act are not
any part of the law." [2005 c 488 § 956.]
Severability—2005 c 488: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2005 c 488 § 958.]
Effective dates—2005 c 488: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 16, 2005], except for sections 920 and 921 of this act, which take effect
June 30, 2005." [2005 c 488 § 959.]
Severability—Effective dates—2004 c 277: See notes following
RCW 89.08.550.
Severability—Effective date—2002 c 238: See notes following RCW
28B.30.730.
Effective date—2000 c 65: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 22, 2000]." [2000 c 65 § 3.]
[Title 28B RCW—page 157]
28B.50.370
Title 28B RCW: Higher Education
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1974 ex.s. c 112: See note following RCW 28B.50.403.
Severability—1971 ex.s. c 279: See note following RCW 28B.15.005.
Severability—1970 ex.s. c 15: See note following RCW 28A.230.160.
Transfer of moneys in community and technical college bond retirement fund
to state general fund: RCW 28B.50.401 and 28B.50.402.
28B.50.370
28B.50.370 Construction, reconstruction, equipping
and demolition of community and technical college facilities and acquisition of property—Bonds—Sources for
payment of principal and interest on—Funds credited to
bond retirement fund—Pledge to collect building fees.
For the purpose of paying and securing the payment of the
principal of and interest on the bonds as the same shall
become due, there shall be paid into the state treasury and
credited to the bond retirement fund of the college board, the
following:
(1) Amounts derived from building fees as are necessary
to pay the principal of and interest on the bonds and to secure
the same;
(2) Any grants which may be made, or may become
available for the purpose of furthering the construction of any
authorized projects, or for the repayment of the costs thereof;
(3) Such additional funds as the legislature may provide.
Said bond retirement fund shall be kept segregated from
all moneys in the state treasury and shall, while any of such
bonds or any interest thereon remains unpaid, be available
solely for the payment thereof. As a part of the contract of
sale of such bonds, the college board shall charge and collect
building fees as established by this chapter and deposit such
fees in the bond retirement fund in amounts which will be
sufficient to pay and secure the payment of the principal of,
and interest on all such bonds outstanding. [1991 c 238 § 52;
1985 c 390 § 57; 1971 ex.s. c 279 § 21; 1969 ex.s. c 238 § 8;
1969 ex.s. c 223 § 28B.50.370. Prior: 1967 ex.s. c 8 § 37.]
Severability—1971 ex.s. c 279: See note following RCW 28B.15.005.
Transfer of moneys in community and technical college bond retirement fund
to state general fund: RCW 28B.50.401 and 28B.50.402.
28B.50.380
28B.50.380 Construction, reconstruction, equipping
and demolition of community college facilities and acquisition of property—Bonds—Additional powers incident
to bond authorization. In accordance with the provisions of
RCW 28B.50.340 the college board is hereby empowered:
(1) To reserve the right to issue bonds later on a parity
with any bonds being issued;
(2) To authorize the investing of moneys in the bond
retirement fund and any reserve account therein;
(3) To authorize the transfer of money from the college
board’s capital projects account to the bond retirement fund
when necessary to prevent a default in the payments required
to be made; and
(4) To create a reserve account or accounts in the bond
retirement fund to secure the payment of the principal of and
interest on any bonds. [1969 ex.s. c 223 § 28B.50.380. Prior:
1967 ex.s. c 8 § 38. Formerly RCW 28.85.380.]
[Title 28B RCW—page 158]
28B.50.390
28B.50.390 Construction, reconstruction, equipping
and demolition of community college facilities and acquisition of property—Refunding bonds—Authorized—
Form, term, issuance, etc.—Exchange or sale. The college
board is hereby empowered to issue refunding bonds to provide funds to refund any or all outstanding bonds payable
from the bond retirement fund and to pay any redemption
premium payable on such outstanding bonds being refunded.
Such refunding bonds may be issued in the manner and on
terms and conditions and with the covenants permitted by
RCW 28B.50.330 through 28B.50.400 for the issuance of
bonds. The refunding bonds shall be payable out of the bond
retirement fund and shall not constitute an obligation either
general or special, of the state or a general obligation of the
college board. The board may exchange the refunding bonds
at par for the bonds which are being refunded or may sell
them in such manner, at such price and at such rate or rates of
interest as it deems for the best interest of the college. [1970
ex.s. c 56 § 33; 1969 ex.s. c 232 § 107; 1969 ex.s. c 223 §
28B.50.390. Prior: 1967 ex.s. c 8 § 39.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
28B.50.400
28B.50.400 Construction, reconstruction, equipping
and demolition of community college facilities and acquisition of property—Bonds as limited obligation bonds—
Additional means to pay principal and interest on. The
bonds authorized to be issued pursuant to the provisions of
RCW 28B.50.330 through 28B.50.400 shall not be general
obligations of the state of Washington, but shall be limited
obligation bonds payable only from the special funds created
for their payment. The legislature may specify additional
means for providing funds for the payment of principal and
interest of said bonds. RCW 28B.50.330 through 28B.50.400
shall not be deemed to provide an exclusive method for such
payment. The power given to the legislature by this section to
provide for additional means for raising money is permissive,
and shall not in any way be construed as a pledge of the general credit of the state of Washington. [1969 ex.s. c 223 §
28B.50.400. Prior: 1967 ex.s. c 8 § 40. Formerly RCW
28.85.400.]
28B.50.401
28B.50.401 Transfer of moneys in community college
bond retirement fund to state general fund—Purpose.
The state finance committee has heretofore refunded, pursuant to RCW 28B.50.403 through 28B.50.407, all of the outstanding building bonds of the community college board payable from the community college bond retirement fund. By
reason of such refunding said bonds are no longer deemed to
be outstanding and moneys presently on deposit in said bond
retirement fund are no longer needed to pay and secure the
payment of such refunded bonds. [1985 c 390 § 58; 1977
ex.s. c 223 § 1.]
Severability—1977 ex.s. c 223: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1977 ex.s. c 223 § 4.]
(2008 Ed.)
Community and Technical Colleges
28B.50.402 Transfer of moneys in community and
technical college bond retirement fund to state general
fund—Exception. Notwithstanding anything to the contrary
contained in RCW 28B.50.360 (1) and (2) and in RCW
28B.50.370, all moneys on deposit on or before June 30,
1977, in the community and technical college bond retirement fund, shall be transferred by the state treasurer to the
state general fund, except for those moneys appropriated by
section 17, chapter 1, Laws of 1977. [1991 c 238 § 53; 1977
ex.s. c 223 § 2.]
28B.50.402
Severability—1977 ex.s. c 223: See note following RCW 28B.50.401.
28B.50.403 Refunding bonds—Authorized—Limitations. The state of Washington is hereby authorized to issue
state general obligation bonds for the purpose of refunding
any outstanding building, limited obligation bonds of the college board issued pursuant to this chapter in an amount not
exceeding 1.05 times the amount which, taking into account
amounts to be earned from the investment of the proceeds of
the issue, is required to pay the principal thereof, interest
thereon, any premium payable with respect thereto, and the
costs incurred in accomplishing such refunding: PROVIDED, That any proceeds of the refunding bonds in excess
of those required to accomplish such refunding, or any obligations acquired with such excess proceeds, shall be applied
exclusively for the payment of principal, interest, or call premiums with respect to such refunding obligations. In no event
shall the amount of such refunding bonds authorized in this
section exceed seventy-five million dollars. [1985 c 390 §
59; 1974 ex.s. c 112 § 1.]
28B.50.403
Severability—1974 ex.s. c 112: "If any provision of this amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1974 ex.s. c 112 § 9.]
28B.50.404 Refunding bonds—Issuance—Security.
Subject to the specific provisions of RCW 28B.50.360 and
28B.50.403 through 28B.50.407, such general obligation
refunding bonds shall be issued and the refunding of said
community and technical college building bonds shall be carried out pursuant to chapters 39.42 and 39.53 RCW as now or
hereafter amended. The bonds shall pledge the full faith and
credit of the state of Washington and contain an unconditional promise of the state to pay the principal thereof and
interest thereon when due. [1991 c 238 § 54; 1985 c 390 §
60; 1974 ex.s. c 112 § 2.]
28B.50.404
Severability—1974 ex.s. c 112: See note following RCW 28B.50.403.
28B.50.405 Refunding bonds—Community and
technical college refunding bond retirement fund of 1974.
There is hereby created in the state treasury the community
and technical college refunding bond retirement fund of
1974, which fund shall be exclusively devoted to the payment
of the principal of and interest on the refunding bonds authorized by RCW 28B.50.360 and 28B.50.403 through
28B.50.407.
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount needed
in the ensuing twelve months to pay the principal of and
interest on such bonds. On July 1st of each year the state treasurer shall deposit such amount in the refunding bond retire28B.50.405
(2008 Ed.)
28B.50.450
ment fund of 1974 from any general state revenues received
in the state treasury. [1991 c 238 § 55; 1974 ex.s. c 112 § 3.]
Severability—1974 ex.s. c 112: See note following RCW 28B.50.403.
28B.50.406 Refunding bonds—Legislature may provide additional means of payments. The legislature may
provide additional means for raising moneys for the payment
of the interest and principal of the bonds authorized in RCW
28B.50.360 and 28B.50.403 through 28B.50.407 and
28B.50.360 and 28B.50.403 through 28B.50.407 shall not be
deemed to provide an exclusive method for such payment.
[1974 ex.s. c 112 § 5.]
28B.50.406
Severability—1974 ex.s. c 112: See note following RCW 28B.50.403.
28B.50.407 Refunding bonds—Bonds legal investment for public funds. The bonds authorized in RCW
28B.50.360 and 28B.50.403 through 28B.50.407 shall be a
legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1974 ex.s. c
112 § 6.]
28B.50.407
Severability—1974 ex.s. c 112: See note following RCW 28B.50.403.
28B.50.409 Bonds—Committee advice and consent
prerequisite to issuance. All bonds issued after February
16, 1974 by the college board or any board of trustees for any
college district under provisions of chapter 28B.50 RCW, as
now or hereafter amended, shall be issued by such boards
only upon the prior advice and consent of the state finance
committee. [1991 c 238 § 56; 1974 ex.s. c 112 § 7.]
28B.50.409
Severability—1974 ex.s. c 112: See note following RCW 28B.50.403.
28B.50.410 Rehabilitation services for individuals
with disabilities—Definitions. See RCW 74.29.010.
28B.50.410
28B.50.420 Rehabilitation services for individuals
with disabilities—Powers and duties of state agency. See
RCW 74.29.020.
28B.50.420
28B.50.430 Rehabilitation services for individuals
with disabilities—Acceptance of federal aid. See RCW
74.29.050 and 74.29.055.
28B.50.430
28B.50.440 Construction of chapter when part
thereof in conflict with federal requirements which are
condition precedent to allocation of federal funds. If any
part of this chapter shall be found to be in conflict with federal requirements which are a condition precedent to the allocation of federal funds to the state, such conflicting part of
this chapter is hereby declared to be inoperative solely to the
extent of such conflict, and such findings or determination
shall not affect the operation of the remainder of this chapter.
[1969 ex.s. c 223 § 28B.50.440. Prior: 1967 ex.s. c 8 § 44.
Formerly RCW 28.85.440.]
28B.50.440
Federal funds, receipt of authorized: RCW 28B.50.520.
28B.50.450 Cooperative agreements with state and
local agencies. See RCW 74.29.037.
28B.50.450
[Title 28B RCW—page 159]
28B.50.455
Title 28B RCW: Higher Education
28B.50.455 Vocational education of individuals with
disabilities—Procedures. Each technical college shall have
written procedures which include provisions for the vocational education of individuals with disabilities. These written procedures shall include a plan to provide services to individuals with disabilities, a written plan of how the technical
college will comply with relevant state and federal requirements for providing vocational education to individuals with
disabilities, a written plan of how the technical college will
provide on-site appropriate instructional support staff in compliance with P.L. 94-142, and as since amended, and section
504 of the rehabilitation act of 1973, and as thereafter
amended. [1991 c 238 § 158.]
28B.50.455
28B.50.460 Rehabilitation and job support services—Procedure—Register of eligible individuals and
organizations. See RCW 74.29.080.
28B.50.460
28B.50.463 Use of false academic credentials—Penalties. A person who issues or uses a false academic credential is subject to RCW 28B.85.220 and 9A.60.070. [2006 c
234 § 6.]
28B.50.463
28B.50.465 Cost-of-living increases—Academic
employees. (1) Academic employees of community and
technical college districts shall be provided an annual salary
cost-of-living increase in accordance with this section. For
purposes of this section, "academic employee" has the same
meaning as defined in RCW 28B.52.020.
(a) Beginning with the 2001-2002 fiscal year, and for
each subsequent fiscal year, except as provided in (d) of this
subsection, each college district shall receive a cost-of-living
allocation sufficient to increase academic employee salaries,
including mandatory salary-related benefits, by the rate of the
yearly increase in the cost-of-living index.
(b) A college district shall distribute its cost-of-living
allocation for salaries and salary-related benefits in accordance with the district’s salary schedules, collective bargaining agreements, and other compensation policies. No later
than the end of the fiscal year, each college district shall certify to the college board that it has spent funds provided for
cost-of-living increases on salaries and salary-related benefits.
(c) The college board shall include any funded cost-ofliving increase in the salary base used to determine cost-ofliving increases for academic employees in subsequent years.
(d) Beginning with the 2001-2002 fiscal year, and for
each subsequent fiscal year except for the 2003-04 and 200405 fiscal years, the state shall fully fund the cost-of-living
increase set forth in this section.
(2) For the purposes of this section, "cost-of-living
index" means, for any fiscal year, the previous calendar
year’s annual average consumer price index, using the official current base, compiled by the bureau of labor statistics,
United States department of labor for the state of Washington. If the bureau of labor statistics develops more than one
consumer price index for areas within the state, the index
covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all
items shall be used for the cost-of-living index in this section.
28B.50.465
[Title 28B RCW—page 160]
[2003 1st sp.s. c 20 § 3; 2001 c 4 § 3 (Initiative Measure No.
732, approved November 7, 2000).]
Severability—2001 c 4 (Initiative Measure No. 732): See note following RCW 28A.400.205.
28B.50.468 Cost-of-living increases—Classified
employees. (1) Classified employees of technical colleges
shall be provided an annual salary cost-of-living increase in
accordance with this section. For purposes of this section,
"technical college" has the same meaning as defined in RCW
28B.50.030. This section applies to only those classified
employees under the jurisdiction of chapter 41.56 RCW.
(a) Beginning with the 2001-2002 fiscal year, and for
each subsequent fiscal year, except as provided in (d) of this
subsection, each technical college board of trustees shall
receive a cost-of-living allocation sufficient to increase classified employee salaries, including mandatory salary-related
benefits, by the rate of the yearly increase in the cost-of-living index.
(b) A technical college board of trustees shall distribute
its cost-of-living allocation for salaries and salary-related
benefits in accordance with the technical college’s salary
schedules, collective bargaining agreements, and other compensation policies. No later than the end of the fiscal year,
each technical college shall certify to the college board that it
has spent funds provided for cost-of-living increases on salaries and salary-related benefits.
(c) The college board shall include any funded cost-ofliving increase in the salary base used to determine cost-ofliving increases for technical college classified employees in
subsequent years.
(d) Beginning with the 2001-2002 fiscal year, and for
each subsequent fiscal year except for the 2003-2004 and
2004-2005 fiscal years, the state shall fully fund the cost-ofliving increase set forth in this section.
(2) For the purposes of this section, "cost-of-living
index" means, for any fiscal year, the previous calendar
year’s annual average consumer price index, using the official current base, compiled by the bureau of labor statistics,
United States department of labor for the state of Washington. If the bureau of labor statistics develops more than one
consumer price index for areas within the state, the index
covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all
items shall be used for the cost-of-living index in this section.
[2003 1st sp.s. c 20 § 4; 2001 c 4 § 4 (Initiative Measure No.
732, approved November 7, 2000).]
28B.50.468
Severability—2001 c 4 (Initiative Measure No. 732): See note following RCW 28A.400.205.
28B.50.482 Accumulated sick leave—Transferred
employees of vocational-technical institutes. Sick leave
accumulated by employees of vocational-technical institutes
shall be transferred to the college districts without loss of
time subject to the provisions of RCW 28B.50.551 and the
further provisions of any negotiated agreements then in force.
[1991 c 238 § 136.]
28B.50.482
28B.50.484 Health care service contracts—Transferred employees of vocational-technical institutes. The
state employees’ benefit board shall adopt rules to preclude
28B.50.484
(2008 Ed.)
Community and Technical Colleges
any preexisting conditions or limitations in existing health
care service contracts for school district employees at vocational-technical institutes transferred to the state board for
community and technical colleges. The board shall also provide for the disposition of any dividends or refundable
reserves in the school district’s health care service contracts
applicable to vocational-technical institute employees. [1991
c 238 § 137.]
28B.50.489 Part-time academic employees—Statemandated benefits—Definitions. For the purposes of determining eligibility of state-mandated insurance, retirement
benefits under RCW 28B.10.400, and sick leave for part-time
academic employees in community and technical colleges,
the following definitions shall be used:
(1) "Full-time academic workload" means the number of
in-class teaching hours that a full-time instructor must teach
to fulfill his or her employment obligations in a given discipline in a given college. If full-time academic workload is
defined in a contract adopted through the collective bargaining process, that definition shall prevail. If the full-time
workload bargained in a contract includes more than in-class
teaching hours, only that portion that is in-class teaching
hours may be considered academic workload.
(2) "In-class teaching hours" means contact classroom
and lab hours in which full or part-time academic employees
are performing contractually assigned teaching duties. The
in-class teaching hours shall not include any duties performed in support of, or in addition to, those contractually
assigned in-class teaching hours.
(3) "Academic employee" in a community or technical
college means any teacher, counselor, librarian, or department head who is employed by a college district, whether full
or part-time, with the exception of the chief administrative
officer of, and any administrator in, each college district.
(4) "Part-time academic workload" means any percentage of a full-time academic workload for which the part-time
academic employee is not paid on the full-time academic salary schedule. [2000 c 128 § 2; 1996 c 120 § 1.]
28B.50.489
Construction—2000 c 128: See note following RCW 28B.52.220.
28B.50.4891 Part-time academic employees—Statemandated benefits—Reporting eligible employees. For
the purposes of determining eligibility for receipt of statemandated benefits for part-time academic employees at community and technical colleges, each institution shall report to
the appropriate agencies the names of eligible part-time academic employees who qualify for benefits based on calculating the hours worked by part-time academic employees as a
percentage of the part-time academic workload to the fulltime academic workload in a given discipline in a given institution. [1996 c 120 § 2.]
28B.50.4891
28B.50.4892 Part-time academic employees—Best
practices compensation and employment—Task force—
Report. (1) The legislature finds that community colleges
and technical colleges have an obligation to carry out their
roles and missions in an equitable fashion. The legislature
also finds that governing boards for community colleges and
technical colleges have a responsibility to provide leadership
28B.50.4892
(2008 Ed.)
28B.50.4893
and guidance to their colleges in the equitable treatment of
part-time faculty teaching in the community and technical
colleges.
(2) The state board for community and technical colleges
shall convene a task force to conduct a review and update of
the best practices audit of compensation packages and conditions of employment for part-time faculty in the community
and technical college system conducted in 1996 and reported
on in 1998. The task force shall include but need not be limited to part-time faculty, full-time faculty, members of the
state board, community college administrators, and members
of community college and technical college governing
boards. In performing the review and update of the audit, the
task force shall focus on the employment of part-time faculty,
and shall include the following issues in its deliberations:
Salary issues, provision of health and retirement benefits, the
implications of increased reliance on part-time rather than
full-time faculty, the implications of workload definitions,
and tangible and intangible ways to recognize the professional stature of part-time faculty.
(3) The task force shall report its findings to the state
board, local governing boards, and other interested parties by
December 1, 2005. The report shall include recommendations on a review of the status of the set of best practices principles for the colleges to follow in their employment of parttime faculty developed in 1996. The state board for community and technical colleges shall adopt and periodically
update a set of best practices principles for colleges in the
community and technical college system to follow in their
employment of part-time faculty. The board shall use the
best practices principles in the development of each biennial
operating budget request. The board shall encourage and, to
the extent possible, require each local governing board to
adopt, revise, and implement the principles. [2005 c 119 § 2;
1996 c 120 § 3.]
Findings—2005 c 119: "The legislature finds that:
(1) The part-time faculty in the community and technical colleges provide a valuable contribution to quality instruction;
(2) The part-time faculty are essential to the success of the open access
opportunities provided by the two-year colleges to the citizens of Washington;
(3) The two-year colleges employ a core of skilled, well-trained faculty
whose contributions are critical to the quality and breadth of program offerings;
(4) The community and technical colleges have an essential role in
educating and retraining high-skilled workers who are vital to the economic
health of the communities of Washington;
(5) It is vital to attract and retain highly skilled faculty capable of preparing students to transfer to four-year colleges and universities and for the
workforce;
(6) Low and stagnating salaries as well as the lack of career advancement options for part-time faculty are detrimental to the morale of all faculty;
(7) Part-time faculty contribute to the learning environment offered to
the students through advising and attention that all good educators bring to
their profession; and
(8) Although progress has been made since the initial work of the best
practices task force in 1996, additional progress needs to be made to improve
and implement best practices for part-time community and technical college
faculty." [2005 c 119 § 1.]
28B.50.4893
28B.50.4893 Part-time academic employees—Sick
leave. (1) Part-time academic employees of community and
technical colleges shall receive sick leave to be used for the
same illnesses, injuries, bereavement, and emergencies as
[Title 28B RCW—page 161]
28B.50.4894
Title 28B RCW: Higher Education
full-time academic employees at the college in proportion to
the individual’s teaching commitment at the college.
(2) The provisions of RCW 41.04.665 shall apply to
leave sharing for part-time academic employees who accrue
sick leave under subsection (1) of this section.
(3) The provisions of RCW 28B.50.553 shall apply to
remuneration for unused sick leave for part-time academic
employees who accrue sick leave under subsection (1) of this
section. [2000 c 128 § 1.]
Construction—2000 c 128: See note following RCW 28B.52.220.
28B.50.4894 Part-time academic employees—Continuous health care eligibility—Employer contributions.
Health care benefits for part-time academic employees are
governed by RCW 41.05.053. [2006 c 308 § 3.]
28B.50.4894
28B.50.490 Fiscal management—Powers and duties
of officers and agencies. See RCW 43.88.160.
28B.50.490
28B.50.500 General provisions for institutions of
higher education. See chapter 28B.10 RCW.
28B.50.500
28B.50.510 State purchasing and material control,
community college purchases. See RCW 43.19.190.
28B.50.510
28B.50.520 Federal funds, receipt of authorized. The
college board or any board of trustees is authorized to receive
federal funds made available for the assistance of community
and technical colleges, and providing physical facilities,
maintenance or operation of schools, or for any educational
purposes, according to the provisions of the acts of congress
making such funds available. [1991 c 238 § 57; 1969 ex.s. c
223 § 28B.50.520. Prior: 1967 ex.s. c 8 § 52. Formerly RCW
28.85.520.]
Community education programs: RCW 28A.620.020.
28B.50.531 Dual high school and college credit for
secondary career and technical courses—Agreements.
(1) It is the legislature’s intent to recognize and support the
work of community and technical colleges, high schools, and
skill centers in creating articulation and dual credit agreements for career and technical education students, in part by
codifying current practice.
(2) Community and technical colleges shall create agreements with high schools and skill centers to offer dual high
school and college credit for secondary career and technical
courses. Agreements shall be subject to approval by the chief
instructional officer of the college and the principal and the
career and technical education director of the high school or
the executive director of the skill center.
(3) Community and technical colleges may create dual
credit agreements with high schools and skill centers that are
located outside the college district boundary or service area.
(4) If a community or technical college has created an
agreement with a high school or skill center to offer college
credit for a secondary career and technical course, all community and technical colleges shall accept the course for an
equal amount of college credit. [2008 c 170 § 108.]
28B.50.531
Findings—Intent—Part headings not law—2008 c 170: See RCW
28A.700.005 and 28A.700.901.
28B.50.520
Construction of chapter when part thereof in conflict with federal requirements which are condition precedent to allocation of federal funds:
RCW 28B.50.440.
28B.50.522 Office for adult literacy. The college
board personnel administering state and federally funded programs for adult basic skills and literacy education shall be
known as the state office for adult literacy. [1991 c 238 § 92.]
28B.50.522
28B.50.528 Contracts with adjacent college district
for administrative services. If a technical college is created
after September 1, 1991, that college may contract with an
adjacent college district for administrative services until such
time that an existing or new college district may assume jurisdiction over the college. [1991 c 238 § 139.]
28B.50.528
28B.50.530 Agreements for use of services or facilities between district boards of trustees and school boards.
The district boards of trustees and the common school boards
are hereby authorized to enter into agreements for the use by
either of the other’s services, facilities or equipment and for
the presentation of courses of either for students of the other
where such agreements are deemed to be in the best interests
of the education of the students involved. [1969 ex.s. c 223 §
28B.50.530. Prior: 1967 ex.s. c 8 § 53. Formerly RCW
28.85.530.]
28B.50.530
[Title 28B RCW—page 162]
28B.50.532 Completion of industry certificate or credential—Agreements with skill centers. (1) A community
or technical college may enter into an agreement with a skill
center within the college district to allow students who have
completed a high school diploma to remain enrolled in the
skill center in courses necessary to complete an industry certificate or credential in the student’s career and technical program as provided by RCW 28A.245.080.
(2) Before entering an agreement, a community or technical college may require the skill center to provide evidence
that:
(a) The skill center has adequate facilities and capacity to
offer the necessary courses and the community or technical
college does not have adequate facilities or capacity; or
(b) The community or technical college does not offer
the particular industry certificate program or courses proposed by the skill center.
(3) Under the terms of the agreement, the community or
technical college shall report the enrolled student as a statesupported student and may charge the student tuition and
fees. The college shall transmit to the skill center an agreedupon amount per enrolled full-time equivalent student to pay
for the student’s courses at the skill center. [2008 c 170 §
305.]
28B.50.532
Findings—Intent—Part headings not law—2008 c 170: See RCW
28A.700.005 and 28A.700.901.
28B.50.533 Contracts with common school districts
for occupational and academic programs for high school
students—Enrollment opportunities—Interlocal agreements. Community and technical colleges may contract with
local common school districts to provide occupational and
academic programs for high school students. Common
school districts whose students currently attend vocational28B.50.533
(2008 Ed.)
Community and Technical Colleges
technical institutes shall not suffer loss of opportunity to continue to enroll their students at technical colleges.
For the purposes of this section, "opportunity to enroll"
includes, but is not limited to, the opportunity of common
school districts to enroll the same number of high school students enrolled at each vocational-technical institute during
the period July 1, 1989, through June 30, 1990, and the
opportunity for common school districts to increase enrollments of high school students at each technical college in
proportion to annual increases in enrollment within the
school districts participating on September 1, 1991. Technical colleges shall offer programs which are accessible to high
school students to at least the extent that existed during the
period July 1, 1989, through June 30, 1990, and to the extent
necessary to accommodate proportional annual growth in
enrollments of high school students within school districts
participating on September 1, 1991. Accommodating such
annual increases in enrollment or program offerings shall be
the first priority within technical colleges subject to any
enrollment or budgetary restrictions. Technical colleges shall
not charge tuition or student services and activities fees to
high school students enrolled in the college.
Technical colleges may enter into interlocal agreements
with local school districts to provide instruction in courses
required for high school graduation, basic skills, and literacy
training for students enrolled in technical college programs.
[1991 c 238 § 82.]
28B.50.534 High school completion pilot program.
(1) A pilot program is created for two community or technical
colleges to make available courses or a program of study, on
the college campus, designed to enable students under the age
of twenty-one who have completed all state and local high
school graduation requirements except the certificate of academic achievement or certificate of individual achievement
to complete their high school education and obtain a high
school diploma.
(a) The colleges participating in the pilot program in this
section may make courses or programs under this section
available by entering into contracts with local school districts
to deliver the courses or programs. Colleges participating in
the pilot program that offer courses or programs under contract shall be reimbursed for each enrolled eligible student as
provided in the contract, and the high school diploma shall be
issued by the local school district;
(b) Colleges participating in the pilot program may
deliver courses or programs under this section directly. Colleges that deliver courses or programs directly shall be reimbursed for each enrolled eligible student as provided in RCW
28A.600.405, and the high school diploma shall be issued by
the college;
(c) Colleges participating in the pilot program may make
courses or programs under this section available through a
combination of contracts with local school districts, collaboration with educational service districts, and direct service
delivery. Colleges participating in the pilot program may
also make courses or programs under this section available
for students at locations in addition to the college campus; or
(d) Colleges participating in the pilot program may enter
into regional partnerships to carry out the provisions of this
subsection (1).
28B.50.534
(2008 Ed.)
28B.50.536
(2) Regardless of the service delivery method chosen,
colleges participating in the pilot program shall ensure that
all eligible students located in school districts within their
college district as defined in RCW 28B.50.040 have an
opportunity to enroll in a course or program under this section.
(3) Colleges participating in the pilot program shall not
require students enrolled under this section to pay tuition or
services and activities fees; however this waiver of tuition
and services and activities fees shall be in effect only for
those courses that lead to a high school diploma.
(4) Nothing in this section or RCW 28A.600.405 precludes a community or technical college from offering
courses or a program of study for students other than eligible
students as defined by RCW 28A.600.405 to obtain a high
school diploma, nor is this section or RCW 28A.600.405
intended to restrict diploma completion programs offered by
school districts or educational service districts. Community
and technical colleges and school districts are encouraged to
consult with educational service districts in the development
and delivery of programs and courses required under this section.
(5) Community and technical colleges participating in
the pilot program shall not be required to administer the
Washington assessment of student learning. [2007 c 355 §
3.]
Finding—Intent—2007 c 355: "The legislature finds that the goal of
Washington’s education reform is for all students to meet rigorous academic
standards so that they are prepared for success in college, work, and life.
Educators know that not all students learn at the same rate or in the same
way. Some students will take longer to meet the state’s standards for high
school graduation. Older students who cannot graduate with their peers need
an appropriate learning environment and flexible programming that enables
them simultaneously to earn a diploma, work, and pursue other training
options. Providing learning options in locations in addition to high schools
will encourage older students to complete their diplomas. Therefore the legislature intends to create a pilot high school completion program at two community and technical colleges for older students who have not yet received a
diploma but are eligible for state basic education support." [2007 c 355 § 1.]
28B.50.535 Community or technical college—Issuance of high school diploma or certificate. A community
or technical college may issue a high school diploma or certificate, subject to rules adopted by the superintendent of public instruction and the state board of education. [2007 c 355
§ 2; 1991 c 238 § 58; 1969 ex.s. c 261 § 30.]
28B.50.535
Finding—Intent—2007 c 355: See note following RCW 28B.50.534.
Severability—1969 ex.s. c 261: See note following RCW 28B.50.020.
28B.50.536 General educational development test—
Rules—Issuance of certificate of educational competence.
Subject to rules adopted by the state board of education under
RCW 28A.305.190, the state board for community and technical colleges shall adopt rules governing the eligibility of
persons sixteen years of age and older to take the general educational development test, rules governing the administration
of the test, and rules governing the issuance of a certificate of
educational competence to persons who successfully complete the test. Certificates of educational competence issued
under this section shall be issued in such form and substance
as agreed upon by the state board for community and technical colleges and superintendent of public instruction. [1993 c
218 § 3.]
28B.50.536
[Title 28B RCW—page 163]
28B.50.551
Title 28B RCW: Higher Education
28B.50.551 Leave provisions. The board of trustees of
each college district shall adopt for each community and
technical college under its jurisdiction written policies on
granting leaves to employees of the district and those colleges, including but not limited to leaves for attendance at
official or private institutions and conferences; professional
leaves for personnel consistent with the provisions of RCW
28B.10.650; leaves for illness, injury, bereavement, and
emergencies, consistent with RCW 28B.50.4893, and except
as otherwise in this section provided, all with such compensation as the board of trustees may prescribe, except that the
board shall grant to all such persons leave with full compensation for illness, injury, bereavement and emergencies as
follows:
(1) For persons under contract to be employed, or otherwise employed, for at least three quarters, not more than
twelve days per year, commencing with the first day on
which work is to be performed; provisions of any contract in
force on June 12, 1980, which conflict with requirements of
this subsection shall continue in effect until contract expiration; after expiration, any new contract executed between the
parties shall be consistent with this subsection;
(2)(a) Such leave entitlement may be accumulated after
the first three-quarter period of employment for full-time
employees, and may be taken at any time;
(b) For part-time academic employees, such leave entitlement shall be accumulated after the first quarter of
employment by a college district or the first quarter after June
8, 2000, whichever is later, and may be taken at any time;
(3) Leave for illness, injury, bereavement and emergencies heretofore accumulated pursuant to law, rule, regulation
or policy by persons presently employed by college districts
and community and technical colleges shall be added to such
leave accumulated under this section;
(4) Except as otherwise provided in this section or other
law, accumulated leave under this section not taken at the
time such person retires or ceases to be employed by college
districts or community and technical colleges shall not be
compensable;
(5) Accumulated leave for illness, injury, bereavement
and emergencies shall be transferred from one college district
to another or between a college district and the following:
Any state agency, any educational service district, any school
district, or any other institution of higher education as defined
in RCW 28B.10.016;
(6) Leave accumulated by a person in a college district or
community and technical college prior to leaving that district
or college may, under the policy of the board of trustees, be
granted to such person when he or she returns to the employment of that district or college; and
(7) Employees of the Seattle Vocational Institute are
exempt from this section until July 1, 1993. [2006 c 243 § 1;
2000 c 128 § 3; 1995 c 119 § 1; 1991 c 238 § 59; 1980 c 182
§ 3; 1977 ex.s. c 173 § 2; 1975 1st ex.s. c 275 § 148; 1973 c
62 § 22; 1969 ex.s. c 283 § 7. Formerly RCW 28.85.551.]
28B.50.551
Application—2006 c 243: "This act applies only to leave accumulated
on or after June 7, 2006." [2006 c 243 § 2.]
Construction—2000 c 128: See note following RCW 28B.52.220.
Severability—1980 c 182: See note following RCW 41.04.340.
Effective date—Severability—1977 ex.s. c 173: See notes following
RCW 28B.10.650.
[Title 28B RCW—page 164]
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
Seve ra bili ty— 1969 e x.s. c 283 : Se e no te fo llo wing R CW
28A.150.050.
28B.50.553 Attendance incentive program. (1)
Unless the context clearly requires otherwise, the definitions
in this subsection apply throughout this section.
(a) "Employer" means the board of trustees for each college district or the state board for community and technical
colleges.
(b) "Eligible employee" means an employee of a college
district or the state board for community and technical colleges who belongs to one of the following classifications:
(i) Academic employees as defined in RCW 28B.52.020;
(ii) Classified employees of technical colleges whose
employment is governed under chapter 41.56 RCW;
(iii) Professional, paraprofessional, and administrative
employees exempt from chapter 41.06 RCW; and
(iv) Employees of the state board for community and
technical colleges who are exempt from chapter 41.06 RCW.
(2) An attendance incentive program is established for
all eligible employees of a college district or the state board
for community and technical colleges entitled to accumulate
sick leave and for whom accurate sick leave records have
been maintained. An eligible employee may not receive compensation under this section for a portion of sick leave accumulated at a rate in excess of one day per month.
(3) In January of the year following a year in which a
minimum of sixty days of sick leave is accrued, and each following January, an eligible employee may exercise an option
to receive remuneration for unused sick leave accumulated in
the previous year at a rate equal to one day’s monetary compensation of the employee for each four full days of accrued
sick leave in excess of sixty days. Sick leave for which compensation has been received shall be deducted from accrued
sick leave at the rate of four days for every one day’s monetary compensation.
(4) At the time of separation from employment with a
college district or the state board for community and technical colleges due to retirement or death, an eligible employee
or the employee’s estate may receive remuneration at a rate
equal to one day’s current monetary compensation of the
employee for each four full days’ accrued sick leave.
(5) In lieu of remuneration for unused sick leave at
retirement as provided in subsection (4) of this section, an
employer may, with equivalent funds, provide eligible
employees with a benefit plan that provides reimbursement
for medical expenses. For employees whose conditions of
employment are governed by chapter 28B.52 or 41.56 RCW,
such benefit plans shall be instituted only by agreement
applicable to the members of a bargaining unit. A benefit
plan adopted must require, as a condition of participation
under the plan, that the employee sign an agreement with the
employer. The agreement must include a provision to hold
the employer harmless should the United States government
find that the employer or the employee is in debt to the United
States as a result of the employee not paying income taxes
due on the equivalent funds placed into the plan, or as a result
of the employer not withholding or deducting a tax, assessment, or other payment on the funds as required under federal
28B.50.553
(2008 Ed.)
Community and Technical Colleges
law. The agreement must also include a provision that
requires an eligible employee to forfeit remuneration under
subsection (4) of this section if the employee belongs to a unit
that has been designated to participate in the benefit plan permitted under this subsection and the employee refuses to execute the required agreement.
(6) Remuneration or benefits received under this section
are not included for the purposes of computing a retirement
allowance under a public retirement system in this state.
(7) The state board for community and technical colleges
shall adopt uniform rules to carry out the purposes of this section. The rules shall define categories of eligible employees.
The categories of eligible employees are subject to approval
by the office of financial management. The rules shall also
require that each employer maintain complete and accurate
sick leave records for all eligible employees.
(8) Should the legislature revoke a remuneration or benefit granted under this section, an affected employee is not
then entitled to receive the benefits as a matter of contractual
right. [1997 c 232 § 1.]
Conflict with federal requirements—1997 c 232: "If any part of section 1(5) of this act is found to be in conflict with federal tax laws or rulings
or regulations of the federal internal revenue service, the conflicting part of
section 1(5) of this act is inoperative solely to the extent of the conflict and
such finding shall not affect the remainder of this act." [1997 c 232 § 3.]
28B.50.600 School district bonds—Redemption of by
school district to continue though facility under control of
college district board. Whenever a common school board
has contracted to redeem general obligation bonds used for
the construction or acquisition of facilities which are now to
be under the administration, control and occupancy of the
college district board, the common school board shall continue to redeem the bonds in accordance with the provisions
of the bonds. [1991 c 238 § 60; 1969 ex.s. c 223 §
28B.50.600. Prior: 1967 ex.s. c 8 § 60. Formerly RCW
28.85.600.]
28B.50.600
28B.50.601 School district bonds—Redemption—
Facilities under administration of college district board.
If a school board has contracted to redeem general obligation
bonds used for the construction or acquisition of facilities
which are now to be under the administration, control, and
occupancy of the college district board, the school board shall
continue to redeem the bonds in accordance with the provisions of the bonds. [1991 c 238 § 138.]
28B.50.601
28B.50.740 School district bonds—Those issued for
community and technical college facilities not considered
indebtedness under statutory limitations on. Notwithstanding any other statutory provision relating to indebtedness of school districts, bonds heretofore issued by any common school district for the purpose of providing funds for
community and technical college facilities shall not be considered as indebtedness in determining the maximum allowable indebtedness under any statutory limitation of indebtedness when the sum of all indebtedness therein does not
exceed the maximum constitutional allowable indebtedness
applied to the value of the taxable property contained in such
school district: PROVIDED, That nothing contained herein
shall be construed to affect the distribution of state funds
28B.50.740
(2008 Ed.)
28B.50.810
under any applicable distribution formula. [1991 c 238 § 61;
1969 ex.s. c 223 § 28B.50.740. Prior: 1967 ex.s. c 8 § 74.
Formerly RCW 28.85.740.]
Forty mill limit: State Constitution Art. 7 § 2.
Limitation of indebtedness prescribed: RCW 39.36.020.
Limitations upon municipal indebtedness: State Constitution Art. 8 § 6.
28B.50.810 Applied baccalaureate degree—Pilot
programs. (1) By April 2006, the college board shall select
four community or technical colleges to develop and offer
programs of study leading to an applied baccalaureate degree.
At least one of the four pilot programs chosen must lead to a
baccalaureate of applied science degree which builds on an
associate of applied science degree. The college board shall
convene a task force that includes representatives of both the
community and technical colleges to develop objective selection criteria.
(2) By February 2008, the college board shall select up to
three colleges to develop and offer programs of study leading
to an applied baccalaureate degree. At least one of the colleges selected must be a technical college. The college board
shall use the objective selection criteria developed under subsections (1) and (3) of this section to make the selection.
(3) Colleges may submit an application to become a pilot
college under this section. The college board shall review the
applications and select the pilot colleges using objective criteria, including:
(a) The college demonstrates the capacity to make a
long-term commitment of resources to build and sustain a
high quality program;
(b) The college has or can readily engage faculty appropriately qualified to develop and deliver a high quality curriculum at the baccalaureate level;
(c) The college can demonstrate demand for the proposed program from a sufficient number of students within
its service area to make the program cost-effective and feasible to operate;
(d) The college can demonstrate that employers demand
the level of technical training proposed within the program,
making it cost-effective for students to seek the degree; and
(e) The proposed program fills a gap in options available
for students because it is not offered by a public four-year
institution of higher education in the college’s geographic
area.
(4) A college selected as a pilot college under this section may develop the curriculum for and design and deliver
courses leading to an applied baccalaureate degree. However, degree programs developed under this section are subject to approval by the college board under RCW 28B.50.090
and by the higher education coordinating board under RCW
28B.76.230 before a pilot college may enroll students in
upper division courses. A pilot college approved under subsection (1) of this section may not enroll students in upper
division courses before the fall academic quarter of 2006. A
pilot college approved under subsection (2) of this section
may not enroll students in upper division courses before the
fall academic quarter of 2009. [2008 c 166 § 2; 2005 c 258 §
6.]
28B.50.810
Findings—Intent—2008 c 166: "The legislature finds that the six colleges that developed proposals for the applied baccalaureate degree pilot programs exhibited exemplary work preparing proposals. The proposals were
[Title 28B RCW—page 165]
28B.50.820
Title 28B RCW: Higher Education
consistent with the legislature’s vision for expanding bachelor’s degree
access and with the principals and criteria developed by the college board.
The legislature recognizes that the authorization for the pilots was limited in
number and therefore not all the proposals were able to be approved. The
legislature values the work that has been done and intends to provide authority for additional pilots so as not to lose the good work that has been done."
[2008 c 166 § 1.]
Findings—Intent—2005 c 258: See note following RCW 28B.45.014.
28B.50.820 Baccalaureate degree programs—Agreements with regional universities, branch campuses, or the
state college. (1) One strategy to accomplish expansion of
baccalaureate capacity in underserved regions of the state is
to allocate state funds for student enrollment to a community
and technical college and authorize the college to enter into
agreements with a regional university or state college as
defined in RCW 28B.10.016 or a branch campus under chapter 28B.45 RCW, to offer baccalaureate degree programs.
(2) Subject to legislative appropriation for the purpose
described in this section, the college board shall select and
allocate funds to three community or technical colleges for
the purpose of entering into an agreement with one or more
regional universities, branch campuses, or the state college to
offer baccalaureate degree programs on the college campus.
(3) The college board shall select the community or technical college based on analysis of gaps in service delivery,
capacity, and student and employer demand for programs.
Before taking effect, the agreement under this section must
be approved by the higher education coordinating board.
(4) Students enrolled in programs under this section are
considered students of the regional university, branch campus, or state college for all purposes including tuition and
reporting of state-funded enrollments. [2005 c 258 § 12.]
28B.50.820
Findings—Intent—2005 c 258: See note following RCW 28B.45.014.
28B.50.835 Exceptional faculty awards—Intent. The
legislature recognizes that quality in the state’s community
and technical colleges would be strengthened by additional
partnerships between citizens and the institutions. The legislature intends to foster these partnerships by creating a
matching grant program to assist public community and technical colleges in creating endowments for funding exceptional faculty awards. [1991 c 238 § 62; 1990 c 29 § 1.]
28B.50.835
Severability—1990 c 29: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1990 c 29 § 8.]
28B.50.8351 Exceptional faculty awards—"Foundation" defined. For purposes of RCW 28B.50.835 through
28B.50.843 "foundation" means a private nonprofit corporation that: (1) Is registered under Title 24 RCW and qualified
as a tax-exempt entity under section 501(c)(3) of the federal
internal revenue code; (2) exists solely for the benefit of one
or more community or technical colleges in this state; and (3)
is registered with the attorney general’s office under the charitable trust act, chapter 11.110 RCW. [1993 c 87 § 3.]
28B.50.8351
28B.50.837 Exceptional faculty awards—Established—Community and technical college faculty awards
trust fund. (1) The Washington community and technical
college exceptional faculty awards program is established.
28B.50.837
[Title 28B RCW—page 166]
The program shall be administered by the college board. The
college faculty awards trust fund hereby created shall be
administered by the state treasurer.
(2) Funds appropriated by the legislature for the community and technical college exceptional faculty awards program shall be deposited in the college faculty awards trust
fund. At the request of the college board, the treasurer shall
release the state matching funds to the local endowment fund
of the college or its foundation. No appropriation is necessary for the expenditure of moneys from the fund. Expenditures from the fund may be used solely for the exceptional
faculty awards program. [2003 c 129 § 2; 2002 c 371 § 902;
1993 c 87 § 1; 1991 sp.s. c 13 §§ 108, 109; 1991 c 238 § 63;
1990 c 29 § 2.]
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Severability—1990 c 29: See note following RCW 28B.50.835.
28B.50.839 Exceptional faculty awards—Guidelines—Matching funds—Donations—Disbursements. (1)
In consultation with eligible community and technical colleges, the college board shall set priorities and guidelines for
the program.
(2) All community and technical colleges and their foundations shall be eligible for matching trust funds. When they
can match the state funds with equal cash donations from private sources, institutions and foundations may apply to the
college board for grants from the fund in ten thousand dollar
increments up to a maximum set by the college board. These
donations shall be made specifically to the exceptional faculty awards program and deposited by the institution or foundation in a local endowment fund or a foundation’s fund.
Otherwise unrestricted gifts may be deposited in the endowment fund by the institution or foundation.
(3) Once sufficient private donations are received by the
institution or foundation, the institution shall inform the college board and request state matching funds. The college
board shall evaluate the request for state matching funds
based on program priorities and guidelines. The college
board may ask the state treasurer to release the state matching
funds to a local endowment fund established by the institution or a foundation’s fund established by a foundation for
each faculty award created.
(4) A college, by action of its board of trustees, may
transfer those exceptional faculty award funds accumulated
in its local endowment fund between July 1, 1991, and July
25, 1993, to its foundation’s local endowment fund established as provided in subsection (2) of this section. [2003 c
129 § 1; 1994 c 234 § 3; 1993 c 87 § 2; 1991 c 238 § 64; 1990
c 29 § 3.]
28B.50.839
Severability—1990 c 29: See note following RCW 28B.50.835.
28B.50.841 Exceptional faculty awards—Name of
award—Duties of institution—Use of endowment proceeds. (1) The faculty awards are the property of the institution and may be named in honor of a donor, benefactor, or
honoree of the institution, at the option of the institution. The
institution shall designate the use of the award to individuals,
28B.50.841
(2008 Ed.)
Community and Technical Colleges
groups, or for the improvement of faculty as a whole. The
designation shall be made or renewed annually.
(2) The institution is responsible for soliciting private
donations, investing and maintaining its endowment funds,
administering the faculty awards, and reporting on the program to the governor, the college board, and the legislature,
upon request. The institution may augment its endowment
fund with additional unrestricted private donations. The principal of the invested endowment fund shall not be invaded.
(3) The proceeds from the endowment fund shall be used
to pay expenses for faculty awards, which may include faculty development activities, in-service training, temporary
substitute or replacement costs directly associated with faculty development programs, conferences, travel, publication
and dissemination of exemplary projects; to supplement the
salary of the holder or holders of a faculty award; or to pay
expenses associated with the holder’s program area. Funds
from this program shall not be used to supplant existing faculty development funds. [2000 c 127 § 1; 1991 c 238 § 65;
1990 c 29 § 4.]
Severability—1990 c 29: See note following RCW 28B.50.835.
28B.50.843 Exceptional faculty awards—Determination of award—Collective bargaining. The process for
determining local awards shall be subject to collective bargaining. Decisions regarding the amounts of individual
awards and who receives them shall not be subject to collective bargaining and shall be subject to approval of the applicable board of trustees. [1991 c 238 § 66; 1990 c 29 § 5.]
28B.50.843
Severability—1990 c 29: See note following RCW 28B.50.835.
28B.50.844 Exceptional faculty awards—Eligibility
of foundation for matching funds—Endowment fund
management. A foundation is not eligible to receive matching funds under RCW 28B.50.835 through 28B.50.843
unless the foundation and the board of trustees of the college
for whose benefit the foundation exists have entered into a
contract, approved by the attorney general, that: (1) Specifies
the services to be provided by the foundation; (2) provides for
protection of the community and technical college exceptional awards endowment funds under the foundation’s control; and (3) provides for the college’s assumption of ownership, management, and control of such funds if the foundation ceases to exist or function properly, or fails to provide
the specified services in accordance with the contract.
The principal of the community and technical college
exceptional awards endowment fund managed by the foundation shall not be invaded. Funds recovered by a college under
this section shall be deposited into the college’s local endowment fund. For purposes of this section, community and technical college exceptional awards endowment funds include
the private donations, state matching funds, and any accrued
interest on such donations and matching funds. [1993 c 87 §
4.]
28B.50.844
28B.50.850 Faculty tenure—Purpose. It shall be the
purpose of RCW 28B.50.850 through 28B.50.869 to establish a system of faculty tenure which protects the concepts of
faculty employment rights and faculty involvement in the
protection of those rights in the state system of community
28B.50.850
(2008 Ed.)
28B.50.851
and techn ical colleges. RCW 28B .5 0.85 0 thr ou gh
28B.50.869 shall define a reasonable and orderly process for
appointment of faculty members to tenure status and the dismissal of the tenured faculty member.
Employees of the Seattle Vocational Institute are exempt
from this section until July 1, 1993. [1991 c 238 § 67; 1969
ex.s. c 283 § 32. Formerly RCW 28.85.850.]
Seve ra bili ty— 1969 e x.s. c 283 : Se e no te fo llo wing R CW
28A.150.050.
28B.50.851 Faculty tenure—Definitions. As used in
RCW 28B.50.850 through 28B.50.869:
(1) "Tenure" shall mean a faculty appointment for an
indefinite period of time which may be revoked only for adequate cause and by due process;
(2)(a) "Faculty appointment", except as otherwise provided in (b) of this subsection, shall mean full time employment as a teacher, counselor, librarian or other position for
which the training, experience and responsibilities are comparable as determined by the appointing authority, except
administrative appointments; "faculty appointment" shall
also mean department heads, division heads and administrators to the extent that such department heads, division heads
or administrators have had or do have status as a teacher,
counselor, or librarian; faculty appointment shall also mean
employment on a reduced work load basis when a faculty
member has retained tenure under RCW 28B.50.859;
(b) "Faculty appointment" shall not mean special faculty
appointment as a teacher, counselor, librarian, or other position as enumerated in (a) of this subsection, when such
employment results from special funds provided to a community college district from federal moneys or other special
funds which other funds are designated as "special funds" by
the college board: PROVIDED, That such "special funds" so
designated by the college board for purposes of this section
shall apply only to teachers, counselors and librarians hired
from grants and service agreements and teachers, counselors
and librarians hired in nonformula positions. A special faculty appointment resulting from such special financing may
be terminated upon a reduction or elimination of funding or a
reduction or elimination of program: PROVIDED FURTHER, That "faculty appointees" holding faculty appointments pursuant to subsections (1) or (2)(a) of this section who
have been subsequently transferred to positions financed
from "special funds" pursuant to (b) of this subsection and
who thereafter lose their positions upon reduction or elimination of such "special funding" shall be entitled to be returned
to previous status as faculty appointees pursuant to subsection (1) or (2)(a) of this section depending upon their status
prior to the "special funding" transfer. Notwithstanding the
fact that tenure shall not be granted to anyone holding a special faculty appointment, the termination of any such faculty
appointment prior to the expiration of the term of such faculty
member’s individual contract for any cause which is not
related to elimination or reduction of financing or the
elimination or reduction of program shall be considered a termination for cause subject to the provisions of this chapter;
(3) "Probationary faculty appointment" shall mean a faculty appointment for a designated period of time which may
be terminated without cause upon expiration of the probationer’s terms of employment;
28B.50.851
[Title 28B RCW—page 167]
28B.50.852
Title 28B RCW: Higher Education
(4) "Probationer" shall mean an individual holding a probationary faculty appointment;
(5) "Administrative appointment" shall mean employment in a specific administrative position as determined by
the appointing authority;
(6) "Appointing authority" shall mean the board of trustees of a college district;
(7) "Review committee" shall mean a committee composed of the probationer’s faculty peers, a student representative, and the administrative staff of the community or technical college: PROVIDED, That the majority of the committee
shall consist of the probationer’s faculty peers. [1993 c 188 §
1; 1991 c 294 § 2; 1991 c 238 § 68; 1988 c 32 § 2; 1975 1st
ex.s. c 112 § 1; 1974 ex.s. c 33 § 1; 1970 ex.s. c 5 § 3; 1969
ex.s. c 283 § 33. Formerly RCW 28.85.851.]
Construction—1993 c 188: "Nothing contained in this act shall be
construed to alter any existing collective bargaining unit or the provisions of
any existing collective bargaining agreement." [1993 c 188 § 5.]
Effective date—1993 c 188: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 188 § 6.]
Severability—1993 c 188: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1993 c 188 § 7.]
Intent—1991 c 294: "Improving the quality of instruction at our state
institutions of higher education is a priority of the legislature. Recently,
many efforts have been made by the legislature, the colleges, and the higher
education coordinating board to assess and improve the quality of instruction
received by students at our state institutions. It is the intent of the legislature
that, in conjunction with these various efforts, the process for the award of
faculty tenure at community colleges should allow for a thorough review of
the performance of faculty appointees prior to the granting of tenure." [1991
c 294 § 1.]
Construction—1991 c 294: "Nothing contained in this act shall be
construed to alter any existing collective bargaining unit or the provisions of
any existing collective bargaining agreement." [1991 c 294 § 6.]
Effective date—Application—1991 c 294: "This act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect July 1, 1991, and shall apply to all faculty appointments made by community colleges after June 30, 1991, but shall not apply to employees of
community colleges who hold faculty appointments prior to July 1, 1991."
[1991 c 294 § 7.]
Severability—1991 c 294: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1991 c 294 § 8.]
Seve ra bi li ty—1 969 e x.s. c 283 : Se e no te fo llo wing R CW
28A.150.050.
28B.50.852 Faculty tenure—Rules and regulations—
Award of faculty tenure—Maximum probationary
period. The appointing authority shall promulgate rules and
regulations implementing RCW 28B.50.850 through
28B.50.869 and shall provide for the award of faculty tenure
following a probationary period not to exceed nine consecutive college quarters, excluding summer quarter and
approved leaves of absence: PROVIDED, That tenure may
be awarded at any time as may be determined by the appointing authority after it has given reasonable consideration to the
recommendations of the review committee. Upon formal recommendation of the review committee and with the written
consent of the probationary faculty member, the appointing
authority may extend its probationary period for one, two, or
28B.50.852
[Title 28B RCW—page 168]
three quarters, excluding summer quarter, beyond the maximum probationary period established herein. No such extension shall be made, however, unless the review committee’s
recommendation is based on its belief that the probationary
faculty member needs additional time to complete satisfactorily a professional improvement plan already in progress and
in the committee’s further belief that the probationary faculty
member will complete the plan satisfactorily. At the conclusion of any such extension, the appointing authority may
award tenure unless the probationary faculty member has, in
the judgment of the committee, failed to complete the professional improvement plan satisfactorily. [1991 c 294 § 3;
1969 ex.s. c 283 § 34. Formerly RCW 28.85.852.]
Intent—Construction—Effective date, application—Severability—
1991 c 294: See notes following RCW 28B.50.851.
Seve ra bili ty— 1969 e x.s. c 283 : Se e no te fo llo wing R CW
28A.150.050.
28B.50.855 Faculty tenure—Written agreement
embodying terms of employment furnished faculty. The
appointing authority shall provide each faculty member,
immediately upon employment, with a written agreement
which delineates the terms of employment including all conditions and responsibilities attached thereto. [1969 ex.s. c
283 § 35. Formerly RCW 28.85.855.]
28B.50.855
Seve ra bili ty— 1969 e x.s. c 283 : Se e no te fo llo wing R CW
28A.150.050.
28B.50.856 Faculty tenure—Evaluation of probationer by review committee—Progress report, acknowledgment of receipt—Recommendation as to tenure. The
probationary faculty appointment period shall be one of continuing evaluation of a probationer by a review committee.
The evaluation process shall place primary importance upon
the probationer’s effectiveness in his appointment. The
review committee shall periodically advise each probationer,
in writing, of his progress during the probationary period and
receive the probationer’s written acknowledgment thereof.
The review committee shall at appropriate times make recommendations to the appointing authority as to whether tenure should or should not be granted to individual probationers: PROVIDED, That the final decision to award or withhold tenure shall rest with the appointing authority, after it
has given reasonable consideration to the recommendations
of the review committee. [1969 ex.s. c 283 § 36. Formerly
RCW 28.85.856.]
28B.50.856
Seve ra bili ty— 1969 e x.s. c 283 : Se e no te fo llo wing R CW
28A.150.050.
28B.50.857 Faculty tenure—Decision not to renew
probationary appointment, notice by appointing authority, when. Upon the decision not to renew a probationary
faculty appointment, the appointing authority shall notify the
probationer of such decision as soon as possible during the
regular college year: PROVIDED, That such notice may not
be given later than one complete quarter, except summer
quarter, before the expiration of the probationary faculty
appointment. [1991 c 294 § 4; 1969 ex.s. c 283 § 37. Formerly RCW 28.85.857.]
28B.50.857
Intent—Construction—Effective date, application—Severability—
1991 c 294: See notes following RCW 28B.50.851.
(2008 Ed.)
Community and Technical Colleges
Seve ra bi li ty—1 969 e x.s. c 283 : Se e no te fo llo wing R CW
28A.150.050.
28B.50.859 Faculty tenure—Tenure retained upon
reduced work load assignment. An appointing authority
may allow a tenured faculty member to retain tenure upon
assignment to a reduced work load. The appointing authority
and the faculty member shall execute a written agreement setting forth the terms and conditions of the assignment, including the conditions, if any, under which the faculty member
may return to full time employment. [1988 c 32 § 1.]
28B.50.859
28B.50.860 Faculty tenure—Tenure retained upon
administrative appointment. A tenured faculty member,
upon appointment to an administrative appointment shall be
allowed to retain his tenure. [1977 ex.s. c 282 § 7; 1969 ex.s.
c 283 § 38. Formerly RCW 28.85.860.]
28B.50.860
Severability—1977 ex.s. c 282: See note following RCW 28B.50.870.
Seve ra bi li ty—1 969 e x.s. c 283 : Se e no te fo llo wing R CW
28A.150.050.
28B.50.861 Faculty tenure—Dismissal only for sufficient cause. The tenured faculty member shall not be dismissed except for sufficient cause, nor shall a faculty member
who holds a probationary faculty appointment be dismissed
prior to the written terms of the appointment except for sufficient cause. [1969 ex.s. c 283 § 39. Formerly RCW
28.85.861.]
28B.50.861
Seve ra bi li ty—1 969 e x.s. c 283 : Se e no te fo llo wing R CW
28A.150.050.
28B.50.862 Faculty tenure—Certain grounds constituting sufficient cause. Sufficient cause shall also include
aiding and abetting or participating in: (1) Any unlawful act
of violence; (2) Any unlawful act resulting in destruction of
community college property; or (3) Any unlawful interference with the orderly conduct of the educational process.
[1969 ex.s. c 283 § 40. Formerly RCW 28.85.862.]
28B.50.862
Seve ra bi li ty—1 969 e x.s. c 283 : Se e no te fo llo wing R CW
28A.150.050.
28B.50.863 Faculty tenure—Review prior to dismissal—Scope—Recommendations of review committee. Prior to the dismissal of a tenured faculty member, or a
faculty member holding an unexpired probationary faculty
appointment, the case shall first be reviewed by a review
committee. The review shall include testimony from all interested parties including, but not limited to, other faculty members and students. The faculty member whose case is being
reviewed shall be afforded the right of cross-examination and
the opportunity to defend himself. The review committee
shall prepare recommendations on the action they propose be
taken and submit such recommendations to the appointing
authority prior to their final action. [1969 ex.s. c 283 § 41.
Formerly RCW 28.85.863.]
28B.50.863
Seve ra bi li ty—1 969 e x.s. c 283 : Se e no te fo llo wing R CW
28A.150.050.
28B.50.864 Faculty tenure—Appeal from decision
for dismissal—Procedure. Any faculty member dismissed
pursuant to RCW 28B.50.850 through 28B.50.869 shall have
28B.50.864
(2008 Ed.)
28B.50.869
a right to appeal the final decision of the appointing authority
in accordance with RCW 34.05.510 through 34.05.598.
[1989 c 175 § 80; 1973 c 62 § 24; 1969 ex.s. c 283 § 42. Formerly RCW 28.85.864.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
Seve ra bili ty— 1969 e x.s. c 283 : Se e no te fo llo wing R CW
28A.150.050.
28B.50.867 Faculty tenure—Tenure rights upon
transfer of employment to another community or technical college. Upon transfer of employment from one community or technical college to another community or technical
college within a district, a tenured faculty member shall have
the right to retain tenure and the rights accruing thereto which
he or she had in his or her previous employment: PROVIDED, That upon permanent transfer of employment to
another college district a tenured faculty member shall not
have the right to retain his tenure or any of the rights accruing
thereto. [1991 c 238 § 69; 1969 ex.s. c 283 § 43. Formerly
RCW 28.85.867.]
28B.50.867
Seve ra bili ty— 1969 e x.s. c 283 : Se e no te fo llo wing R CW
28A.150.050.
28B.50.868 Faculty tenure—Faculty members currently employed granted tenure. All employees of a community college district, except presidents, who were
employed in the community college district at the effective
date of chapter 283, Laws of 1969 ex. sess. and who hold or
have held a faculty appointment with the community college
district or its predecessor school district shall be granted tenure by their appointing authority notwithstanding any other
provision of RCW 28B.50.850 through 28B.50.869. [1970
ex.s. c 5 § 4; 1969 ex.s. c 283 § 44. Formerly RCW
28.85.868.]
28B.50.868
Reviser’s note: The various provisions of chapter 283, Laws of 1969
ex. sess. became effective on several different dates. The effective date of the
provisions thereof relating to tenure appears to have been midnight August
10, 1969, see preface, Laws of 1969 ex. sess., and see also 1969 ex.s. c 283
§§ 54 and 55 (uncodified).
Seve ra bili ty— 1969 e x.s. c 283 : Se e no te fo llo wing R CW
28A.150.050.
28B.50.869 Faculty tenure—Review committees,
composition—Selection of faculty representatives, student representative. The review committees required by
RCW 28B.50.850 through 28B.50.869 shall be composed of
members of the administrative staff, a student representative,
and the faculty. The representatives of the faculty shall represent a majority of the members on each review committee.
The members representing the faculty on each review
committee shall be selected by a majority of the faculty and
faculty department heads acting in a body. The student representative, who shall be a full time student, shall be chosen by
the student association of the particular community or technical college in such manner as the members thereof shall
determine. [1993 c 188 § 2; 1991 c 238 § 70; 1974 ex.s. c 33
§ 2; 1969 ex.s. c 283 § 45. Formerly RCW 28.85.869.]
28B.50.869
Construction—Effective date—Severability—1993 c 188: See notes
following RCW 28B.50.851.
[Title 28B RCW—page 169]
28B.50.870
Title 28B RCW: Higher Education
Seve ra bi li ty—1 969 e x.s. c 283 : Se e no te fo llo wing R CW
28A.150.050.
28B.50.870 Faculty tenure—For certain educational
programs operated in state correctional institutions. The
district board of trustees of any college district currently
operating an educational program with funds provided by
another state agency, including federal funds, which program
has been in existence for five or more years under the administration of one or more college districts, shall provide for the
award or denial of tenure to anyone who holds a special faculty appointment in such curricular program and for as long
as the program continues to be funded in such manner, utilizing the prescribed probationary processes and procedures set
forth in this chapter with the exception that no student representative shall be required to serve on the review committee
defined in RCW 28B.50.851: PROVIDED, That such review
processes and procedures shall not be applicable to faculty
members whose contracts are renewed after *the effective
date of this 1977 amendatory act and who have completed at
least three consecutive years of satisfactory full time service
in such program, who shall be granted tenure by the college
district: PROVIDED FURTHER, That faculty members who
have completed one year or more of satisfactory full time service in such program shall be credited with such service for
the purposes of this section: PROVIDED, FURTHER, That
provisions relating to tenure for faculty under the provisions
of this section shall be distinct from provisions relating to
tenure for other faculty of the college district and faculty
appointed to such special curricular program shall be treated
as a separate unit as respects selection, retention, reduction in
force or dismissal hereunder: AND PROVIDED FURTHER,
That the provisions of this section shall only be applicable to
faculty holding a special faculty appointment in an educational program operated in a state correctional institution pursuant to a written contract with a college district. [1991 c 238
§ 71; 1977 ex.s. c 282 § 1.]
28B.50.870
*Reviser’s note: Phrase "the effective date of this 1977 amendatory
act": Except for RCW 28B.50.100 and 28B.50.101 which were effective
January 1, 1978, (see note following RCW 28B.50.100) the effective date of
1977 ex.s. c 282 (the enactment of RCW 28B.50.870, 28B.50.090,
28B.50.140, 28B.50.300, and 28B.50.860 and the repeal of RCW
28B.50.570, 28B.50.590, 28B.50.750, and 28B.56.060) was September 21,
1977.
Severability—1977 ex.s. c 282: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 282 § 10.]
28B.50.872 Periodic posttenure evaluation. By June
30, 1994, each community and technical college shall establish, through the local collective bargaining process, periodic
posttenure evaluation of all full-time faculty consistent with
the standards of the Northwest association of schools and colleges. [1993 c 188 § 3.]
28B.50.872
Construction—Effective date—Severability—1993 c 188: See notes
following RCW 28B.50.851.
28B.50.873 Reduction in force of tenured or probationary faculty members due to financial emergency—
Conditions—Procedure—Rights. The college board may
declare a financial emergency under the following conditions: (1) Reduction of allotments by the governor pursuant
28B.50.873
[Title 28B RCW—page 170]
to *RCW 43.88.110(2), or (2) reduction by the legislature
from one biennium to the next or within a biennium of appropriated funds based on constant dollars using the implicit
price deflator. When a district board of trustees determines
that a reduction in force of tenured or probationary faculty
members may be necessary due to financial emergency as
declared by the state board, written notice of the reduction in
force and separation from employment shall be given the faculty members so affected by the president or district president
as the case may be. Said notice shall clearly indicate that separation is not due to the job performance of the employee and
hence is without prejudice to such employee and need only
state in addition the basis for the reduction in force as one or
more of the reasons enumerated in subsections (1) and (2) of
this section.
Said tenured or probationary faculty members will have
a right to request a formal hearing when being dismissed pursuant to subsections (1) and (2) of this section. The only issue
to be determined shall be whether under the applicable policies, rules or collective bargaining agreement the particular
faculty member or members advised of severance are the
proper ones to be terminated. Said hearing shall be initiated
by filing a written request therefor with the president or district president, as the case may be, within ten days after issuance of such notice. At such formal hearing the tenure review
committee provided for in RCW 28B.50.863 may observe the
formal hearing procedure and after the conclusion of such
hearing offer its recommended decision for consideration by
the hearing officer. Failure to timely request such a hearing
shall cause separation from service of such faculty members
so notified on the effective date as stated in the notice, regardless of the duration of any individual employment contract.
The hearing required by this section shall be an adjudicative proceeding pursuant to chapter 34.05 RCW, the Administrative Procedure Act, conducted by a hearing officer
appointed by the board of trustees and shall be concluded by
the hearing officer within sixty days after written notice of
the reduction in force has been issued. Ten days written
notice of the formal hearing will be given to faculty members
who have requested such a hearing by the president or district
president as the case may be. The hearing officer within ten
days after conclusion of such formal hearing shall prepare
findings, conclusions of law and a recommended decision
which shall be forwarded to the board of trustees for its final
action thereon. Any such determination by the hearing officer
under this section shall not be subject to further tenure review
committee action as otherwise provided in this chapter.
Notwithstanding any other provision of this section, at
the time of a faculty member or members request for formal
hearing said faculty member or members may ask for participation in the choosing of the hearing officer in the manner
provided in RCW 28A.405.310(4), said employee therein
being a faculty member for the purposes hereof and said
board of directors therein being the board of trustees for the
purposes hereof: PROVIDED, That where there is more than
one faculty member affected by the board of trustees’ reduction in force such faculty members requesting hearing must
act collectively in making such request: PROVIDED FURTHER, That costs incurred for the services and expenses of
such hearing officer shall be shared equally by the commu(2008 Ed.)
Community and Technical Colleges
nity or technical college and the faculty member or faculty
members requesting hearing.
When more than one faculty member is notified of termination because of a reduction in force as provided in this section, hearings for all such faculty members requesting formal
hearing shall be consolidated and only one such hearing for
the affected faculty members shall be held, and such consolidated hearing shall be concluded within the time frame set
forth herein.
Separation from service without prejudice after formal
hearing under the provisions of this section shall become
effective upon final action by the board of trustees.
It is the intent of the legislature by enactment of this section and in accordance with RCW 28B.52.035, to modify any
collective bargaining agreements in effect, or any conflicting
board policies or rules, so that any reductions in force which
take place after December 21, 1981, whether in progress or to
be initiated, will comply solely with the provisions of this
section: PROVIDED, That any applicable policies, rules, or
provisions contained in a collective bargaining agreement
related to lay-off units, seniority and re-employment rights
shall not be affected by the provisions of this paragraph.
Nothing in this section shall be construed to affect the
right of the board of trustees or its designated appointing
authority not to renew a probationary faculty appointment
pursuant to RCW 28B.50.857. [1991 c 238 § 72; 1990 c 33 §
559; 1989 c 175 § 81; 1981 2nd ex.s. c 13 § 1.]
*Reviser’s note: RCW 43.88.110 was amended by 1991 c 358 § 2
changing subsection (2) to subsection (3).
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1981 2nd ex.s. c 13: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 2nd ex.s. c 13 § 3.]
28B.50.874 Transfer of administration of vocationaltechnical institutes to system of community and technical
colleges—Personnel rights. (Effective until January 1,
2009.) When the state system of community and technical
colleges assumes administrative control of the vocationaltechnical institutes, personnel employed by the vocationaltechnical institutes shall:
(1) Suffer no reduction in compensation, benefits,
seniority, or employment status. After September 1, 1991,
classified employees shall continue to be covered by chapter
41.56 RCW and faculty members and administrators shall be
covered by chapter 28B.50 RCW;
(2) To the extent applicable to faculty members, any faculty currently employed on a "continuing contract" basis
under RCW 28A.405.210 be awarded tenure pursuant to
RCW 28B.50.851 through 28B.50.873, except for any faculty members who are provisional employees under RCW
28A.405.220;
(3) Be eligible to participate in the health care and other
insurance plans provided by the health care authority and the
state employee benefits board pursuant to chapter 41.05
RCW;
(4) Be eligible to participate in old age annuities or
retirement income plans under the rules of the state board for
28B.50.874
(2008 Ed.)
28B.50.874
community and technical colleges pursuant to RCW
28B.10.400 or the teachers’ retirement system plan 1 for personnel employed before July 1, 1977, or plan 2 for personnel
employed after July 1, 1977, under chapter 41.32 RCW; however, no affected vocational-technical institute employee
shall be required to choose from among any available retirement plan options prior to six months after September 1,
1991;
(5) Have transferred to their new administrative college
district all accrued sick and vacation leave and thereafter
shall earn and use all such leave under the rule established
pursuant to RCW 28B.50.551;
(6) Be eligible to participate in the deferred compensation plan and the dependent care program pursuant to RCW
41.04.600 under the applicable rules.
An exclusive bargaining representative certified to represent a bargaining unit covering employees of a vocational
technical institute on September 1, 1991, shall remain the
exclusive representative of such employees thereafter until
and unless such representative is replaced or decertified in
accordance with state law.
Any collective bargaining agreement in effect on June
30, 1991, shall remain in effect as it applies to employees of
vocational technical institutes until its expiration or renewal
date or until renegotiated or renewed in accordance with
chapter 28B.52 or 41.56 RCW. After the expiration date of a
collective bargaining agreement, all of the terms and conditions specified in the collective bargaining agreement, as it
applies to employees of vocational-technical institutes, shall
remain in effect until the effective date of a subsequent agreement, not to exceed one year from the termination date stated
in the agreement. The board of trustees and the employees
may mutually agree to continue the terms and conditions of
the agreement beyond the one year extension. However,
nothing in this section shall be construed to deny any
employee right granted under chapter 28B.52 or 41.56 RCW.
Labor relations processes and agreements covering faculty
members of vocational technical institutes after September 1,
1991, shall be governed by chapter 28B.52 RCW. Labor relations processes and agreements covering classified employees of vocational technical institutes after September 1, 1991,
shall continue to be governed by chapter 41.56 RCW. [1998
c 116 § 14; 1991 c 238 § 83.]
28B.50.874 Transfer of administration of vocationaltechnical institutes to system of community and technical
colleges—Personnel rights. (Effective January 1, 2009.)
When the state system of community and technical colleges
assumes administrative control of the vocational-technical
institutes, personnel employed by the vocational-technical
institutes shall:
(1) Suffer no reduction in compensation, benefits,
seniority, or employment status. After September 1, 1991,
classified employees shall continue to be covered by chapter
41.56 RCW and faculty members and administrators shall be
covered by chapter 28B.50 RCW;
(2) To the extent applicable to faculty members, any faculty currently employed on a "continuing contract" basis
under RCW 28A.405.210 be awarded tenure pursuant to
RCW 28B.50.851 through 28B.50.873, except for any fac28B.50.874
[Title 28B RCW—page 171]
28B.50.8742
Title 28B RCW: Higher Education
ulty members who are provisional employees under RCW
28A.405.220;
(3) Be eligible to participate in the health care and other
insurance plans provided by the health care authority and the
public employees’ benefits board pursuant to chapter 41.05
RCW;
(4) Be eligible to participate in old age annuities or
retirement income plans under the rules of the state board for
community and technical colleges pursuant to RCW
28B.10.400 or the teachers’ retirement system plan 1 for personnel employed before July 1, 1977, or plan 2 for personnel
employed after July 1, 1977, under chapter 41.32 RCW; however, no affected vocational-technical institute employee
shall be required to choose from among any available retirement plan options prior to six months after September 1,
1991;
(5) Have transferred to their new administrative college
district all accrued sick and vacation leave and thereafter
shall earn and use all such leave under the rule established
pursuant to RCW 28B.50.551;
(6) Be eligible to participate in the deferred compensation plan and programs pursuant to RCW 41.05.123,
41.05.300 through 41.05.360, and 41.05.295 under the applicable rules.
An exclusive bargaining representative certified to represent a bargaining unit covering employees of a vocational
technical institute on September 1, 1991, shall remain the
exclusive representative of such employees thereafter until
and unless such representative is replaced or decertified in
accordance with state law.
Any collective bargaining agreement in effect on June
30, 1991, shall remain in effect as it applies to employees of
vocational technical institutes until its expiration or renewal
date or until renegotiated or renewed in accordance with
chapter 28B.52 or 41.56 RCW. After the expiration date of a
collective bargaining agreement, all of the terms and conditions specified in the collective bargaining agreement, as it
applies to employees of vocational-technical institutes, shall
remain in effect until the effective date of a subsequent agreement, not to exceed one year from the termination date stated
in the agreement. The board of trustees and the employees
may mutually agree to continue the terms and conditions of
the agreement beyond the one year extension. However,
nothing in this section shall be construed to deny any
employee right granted under chapter 28B.52 or 41.56 RCW.
Labor relations processes and agreements covering faculty
members of vocational technical institutes after September 1,
1991, shall be governed by chapter 28B.52 RCW. Labor
relations processes and agreements covering classified
employees of vocational technical institutes after September
1, 1991, shall continue to be governed by chapter 41.56
RCW. [2008 c 229 § 11; 1998 c 116 § 14; 1991 c 238 § 83.]
Effective date—2008 c 229: See note following RCW 41.05.295.
28B.50.8742 Technical colleges—Employee option to
reenroll in public employees’ benefits trust. Employees of
technical colleges who were members of the [a] public
employees’ benefits trust and as a result of chapter 238, Laws
of 1991, were required to enroll in public employees’ benefits
board-sponsored plans, must decide whether to reenroll in the
28B.50.8742
[Title 28B RCW—page 172]
trust by January 1, 1996, or the expiration of the current collective bargaining agreements, whichever is later. Employees
of a bargaining unit or administrative or managerial employees otherwise not included in a bargaining unit shall be
required to transfer by group. Administrative or managerial
employees shall transfer in accordance with rules established
by the health care authority. If employee groups elect to
transfer, they are eligible to reenroll in the public employees’
benefits board-sponsored plans. This one-time reenrollment
option in the public employees’ benefits board-sponsored
plans is available to be exercised in January 2001, or only
every five years thereafter, until exercised. [1995 1st sp.s. c
6 § 10.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
28B.50.8744 Technical colleges—Payment to public
employees’ and retirees’ insurance account. (1) In a manner prescribed by the state health care authority, technical
colleges who have employees enrolled in a benefits trust shall
remit to the health care authority for deposit in the public
employees’ and retirees’ insurance account established in
RCW 41.05.120 the amount specified for remittance in the
omnibus appropriations act.
(2) The remittance requirements of this section do not
apply to employees of a technical college who receive insurance benefits through contracts with the health care authority.
[1995 1st sp.s. c 6 § 19.]
28B.50.8744
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
28B.50.875 Laboratory services for the analyzing of
samples, public agencies may contract with college for.
Local law enforcement agencies or such other public agencies that shall be in need of such service may contract with
any community or technical college for laboratory services
for the analyzing of samples that chemists associated with
such colleges may be able to perform under such terms and
conditions as the individual college may determine.
Employees of the Seattle Vocational Institute are exempt
from this section until July 1, 1993. [1991 c 238 § 73; 1969
ex.s. c 261 § 35. Formerly RCW 28.85.875.]
28B.50.875
Severability—1969 ex.s. c 261: See note following RCW 28B.50.020.
28B.50.877 Technical colleges—Purchase of support
services from school districts. During the period from May
17, 1991, until September 1, 1991:
(1) The executive director of the state board for community and technical colleges, or the executive director’s designee, may enter into contracts, or agreements for goods, services, and personnel, on behalf of the technical college,
which are effective after September 1, 1991. The executive
director, or the executive director’s designee, may conduct
business, including budget approval, relevant to the operation
of the technical college in the period subsequent to September 1, 1991.
(2) Vocational-technical institute directors may conduct
business relevant to the operation of the vocational-technical
institutes. School boards and superintendents may not restrict
or remove powers previously delegated to the vocationaltechnical institute directors during the 1990-91 school year.
28B.50.877
(2008 Ed.)
Community and Technical Colleges
(3) Technical colleges’ boards of trustees appointed
before September 1, 1991, shall serve in an advisory capacity
to the vocational-technical institute director.
As of September 1, 1991, technical colleges may, by
interlocal agreement, continue to purchase from the school
districts, support services within mutually agreed upon categories at a cost not to exceed the indirect rate charged during
the 1990-91 school year. No employee of a technical college
may be discriminated against based on actions or opinions
expressed on issues surrounding chapter 238, Laws of 1991.
Any dispute related to issues contained in this section shall be
resolved under RCW 28B.50.302. [1991 c 238 § 143.]
28B.50.880 Apprentices—Recommendations of the
state board for community and technical colleges. The
state board for community and technical colleges shall provide recommendations to the apprenticeship council and
apprenticeship programs, established under chapter 49.04
RCW, on matters of related and supplemental instruction for
apprentices, coordination of instruction with job experiences,
and the qualification of teachers for such instruction. [2001 c
204 § 8; 1991 c 238 § 111.]
28B.50.880
28B.50.890 Apprentices—Associate degree pathway.
(1) At the request of an apprenticeship committee pursuant to
RCW 49.04.150, the community or technical college or colleges providing apprentice-related and supplemental instruction for an apprenticeship program shall develop an associate
degree pathway for the apprentices in that program, if the
necessary resources are available.
(2) In developing a degree program, the community or
technical college or colleges shall ensure, to the extent possible, that related and supplemental instruction is credited
toward the associate degree and that related and supplemental
instruction and other degree requirements are not redundant.
(3) If multiple community or technical colleges provide
related and supplemental instruction for a single apprenticeship committee, the colleges shall work together to the maximum extent possible to create consistent requirements for the
pathway. [2003 c 128 § 3.]
28B.50.890
28B.50.913
enrollment in other parts of the state, particularly for upper
division courses leading to advanced degrees. The higher
education consortium created to serve the region has not been
able to successfully address the region’s access needs. The
university center model of service delivery, centered on a
community college campus with a single point of accountability, has proven more effective in developing degree programs and attracting students.
(2) Therefore the legislature intends to refocus the consortium by assigning management and leadership responsibility for consortium operations to Everett Community College. Everett Community College shall collaborate with
community and business leaders, other local community colleges, the public four-year institutions of higher education,
and the higher education coordinating board to develop an
educational plan for the North Snohomish, Island, and Skagit
county region based on the university center model. The plan
should provide for projections of student enrollment demand,
coordinated delivery of lower and upper division courses,
expanded availability of baccalaureate degree programs and
high demand degree and certificate programs in the region,
and a timeline and cost estimates for moving the physical
location of the consortium to the college campus. The college shall submit preliminary recommendations to the higher
education and fiscal committees of the legislature by December 1, 2005. [2005 c 258 § 13.]
Findings—Intent—2005 c 258: See note following RCW 28B.45.014.
28B.50.910 Severability—1969 ex.s. c 223. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1969 ex.s. c 223 § 28B.50.910. Prior: 1967 ex.s. c
8 § 72. Formerly RCW 28.85.910.]
28B.50.910
28B.50.895 Apprentice education waivers. With
regard to waivers for courses offered for the purpose of satisfying related or supplemental educational requirements for
apprentices registered with the Washington state apprenticeship council or the federal bureau of apprenticeship and training, colleges may at the request of an apprenticeship organization, deduct the tuition owed from training contracts with
that apprentice organization. [2005 c 159 § 1.]
28B.50.912 Transfer of powers from superintendent
of public instruction and state board of education to state
board for community and technical colleges. All powers,
duties, and functions of the superintendent of public instruction and the state board of education pertaining to projects of
adult education, including the state-funded Even Start and
including the adult education programs operated pursuant to
20 U.S.C. Sec. 1201 as amended by P.L. 100-297, are transferred to the state board for community and technical colleges. All references to the director or superintendent of public instruction or the state board of education in the Revised
Code of Washington shall be construed to mean the director
or the state board for community and technical colleges when
referring to the functions transferred in this section. [1991 c
238 § 85.]
28B.50.901 Regional higher education consortium
management and leadership—Everett Community College—Educational plan. (1) The legislature finds that
access to baccalaureate and graduate degree programs continues to be limited for residents of North Snohomish, Island,
and Skagit counties. Studies conducted by the state board for
community and technical colleges, the higher education coordinating board, and the council of presidents confirm that
enrollment in higher education in this geographic region lags
28B.50.913 Transfer of powers from Washington
institute for applied technology to Seattle Vocational
Institute. The public nonprofit corporation for the Washington institute for applied technology is hereby abolished and
its powers, duties, and functions are hereby transferred to the
sixth college district. The Washington institute for applied
technology shall be renamed the Seattle Vocational Institute.
The Seattle Vocational Institute shall become a fourth unit of
the sixth college district. All references to the director or pub-
Findings—2003 c 128: See note following RCW 49.04.150.
28B.50.895
28B.50.901
(2008 Ed.)
28B.50.912
28B.50.913
[Title 28B RCW—page 173]
28B.50.914
Title 28B RCW: Higher Education
lic nonprofit corporation for the Washington institute for
applied technology in the Revised Code of Washington shall
be construed to mean the director of the Seattle Vocational
Institute. [1991 c 238 § 94.]
28B.50.914 Transfer of powers from school districts
to state board for community and technical colleges. All
powers, duties, and functions of the school district pertaining
to a vocational-technical institute are transferred to the state
board for community and technical colleges until the establishment of local boards of trustees with authority for the
technical college. All references to the director or school district in the Revised Code of Washington shall be construed to
mean the director or state board for community and technical
colleges when referring to the functions transferred in this
section. [1991 c 238 § 116.]
28B.50.914
28B.50.915 Transfer of powers from superintendent
of public instruction to state board for community and
technical colleges. All powers, duties, and functions of the
superintendent of public instruction pertaining to vocationaltechnical institutes are transferred to the state board for community and technical colleges. All references to the director
or superintendent of public instruction in the Revised Code of
Washington shall be construed to mean the director or state
board for community and technical colleges when referring
to the functions transferred in this section. [1991 c 238 §
122.]
28B.50.915
28B.50.917 Effective dates—1991 c 238. Sections 1
through 7, 14 through 19, 24 through 28, 33, 76 through 81,
85 through 111, 114, 140 through 144, and 164 of this act are
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions.
Sections 33, 114, and 142 through 144 of this act shall
take effect immediately.
Sections 1 through 8, 14 through 19, 24 through 28, 76
through 81, 85 through 111, 140, 141, and 164 of this act
shall take effect July 1, 1991.
Sections 20 through 23, 29 through 32, 34 through 75, 82
through 84, 112, 113, 115 through 139, and 145 through 158
of this act shall take effect September 1, 1991.
Sections 8 through 13 of this act shall take effect October
1, 1991. [1991 c 238 § 166.]
28B.50.917
28B.52.025 Right to organize or refrain from organizing.
28B.52.030 Representatives of employee organization—Right to collective bargaining.
28B.52.035 Negotiations reduced to written agreements—Provisions relating to salary increases—Restrictions.
28B.52.040 Negotiated agreements—Procedures for binding arbitration.
28B.52.045 Collective bargaining agreement—Exclusive bargaining representative—Union security provisions—Dues and fees.
28B.52.050 Academic employee may appear in own behalf.
28B.52.060 Commission—Mediation activities—Other dispute resolution
procedures authorized.
28B.52.065 Commission’s adjudication of unfair labor practices—Rules—
Binding arbitration authorized.
28B.52.070 Discrimination prohibited.
28B.52.073 Unfair labor practices.
28B.52.078 Strikes and lockouts prohibited—Violations—Remedies.
28B.52.080 Commission to adopt rules and regulations—Boards may
request commission services.
28B.52.090 Prior agreements.
28B.52.100 State higher education administrative procedure act not to
affect.
28B.52.200 Scope of chapter—Limitations—When attempts to resolve
dispute required.
28B.52.210 Scope of chapter—Community and technical colleges faculty
awards trust program.
28B.52.220 Scope of chapter—Community and technical colleges parttime academic employees.
28B.52.300 Construction of chapter.
28B.52.900 Severability—1987 c 314.
28B.52.010 Declaration of purpose. It is the purpose
of this chapter to strengthen methods of administering
employer-employee relations through the establishment of
orderly methods of communication between academic
employees and the college districts by which they are
employed.
It is the purpose of this chapter to promote cooperative
efforts by prescribing certain rights and obligations of the
employees and employers and by establishing orderly procedures governing the relationship between the employees and
their employers which procedures are designed to meet the
special requirements and needs of public employment in
higher education. It is the intent of this chapter to promote
activity that includes the elements of open communication
and access to information in a timely manner, with reasonable discussion and interpretation of that information. It is the
further intent that such activity shall be characterized by
mutual respect, integrity, reasonableness, and a desire on the
part of the parties to address and resolve the points of concern. [1991 c 238 § 145; 1987 c 314 § 1; 1971 ex.s. c 196 §
1.]
28B.52.010
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
28B.52.020 Definitions. As used in this chapter:
(1) "Employee organization" means any organization
which includes as members the academic employees of a college district and which has as one of its purposes the representation of the employees in their employment relations
with the college district.
(2) "Academic employee" means any teacher, counselor,
librarian, or department head, who is employed by any college district, whether full or part time, with the exception of
the chief administrative officer of, and any administrator in,
each college district.
(3) "Administrator" means any person employed either
full or part time by the college district and who performs
administrative functions as at least fifty percent or more of
his or her assignments, and has responsibilities to hire, dis28B.52.020
28B.50.918 Severability—1991 c 238. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1991 c 238 § 167.]
28B.50.918
Chapter 28B.52 RCW
COLLECTIVE BARGAINING—ACADEMIC
PERSONNEL IN COMMUNITY COLLEGES
Chapter 28B.52
(Formerly: Negotiations by academic personnel—
Community college districts)
Sections
28B.52.010 Declaration of purpose.
28B.52.020 Definitions.
[Title 28B RCW—page 174]
(2008 Ed.)
Collective Bargaining—Academic Personnel in Community Colleges
miss, or discipline other employees. Administrators shall not
be members of the bargaining unit unless a majority of such
administrators and a majority of the bargaining unit elect by
secret ballot for such inclusion pursuant to rules as adopted in
accordance with RCW 28B.52.080.
(4) "Commission" means the public employment relations commission.
(5) "Unfair labor practice" means any unfair labor practice listed in RCW 28B.52.073.
(6) "Union security provision" means a provision in a
collective bargaining agreement under which some or all
employees in the bargaining unit may be required, as a condition of continued employment on or after the thirtieth day following the beginning of such employment or the effective
date of the provision, whichever is later, to become a member
of the exclusive bargaining representative or pay an agency
fee equal to the periodic dues and initiation fees uniformly
required as a condition of acquiring or retaining membership
in the exclusive bargaining representative.
(7) "Exclusive bargaining representative" means any
employee organization which has:
(a) Been certified or recognized under this chapter as the
representative of the employees in an appropriate collective
bargaining unit; or
(b) Before July 26, 1987, been certified or recognized
under a predecessor statute as the representative of the
employees in a bargaining unit which continues to be appropriate under this chapter.
(8) "Collective bargaining" and "bargaining" mean the
performance of the mutual obligation of the representatives
of the employer and the exclusive bargaining representative
to meet at reasonable times to bargain in good faith in an
effort to reach agreement with respect to wages, hours, and
other terms and conditions of employment, such as procedures related to nonretention, dismissal, denial of tenure, and
reduction in force. Prior law, practice, or interpretation shall
be neither restrictive, expansive, nor determinative with
respect to the scope of bargaining. A written contract incorporating any agreements reached shall be executed if
requested by either party. The obligation to bargain does not
compel either party to agree to a proposal or to make a concession.
In the event of a dispute between an employer and an
exclusive bargaining representative over the matters that are
terms and conditions of employment, the commission shall
decide which items are mandatory subjects for bargaining.
[1991 c 238 § 146; 1987 c 314 § 2; 1975 1st ex.s. c 296 § 12;
1973 1st ex.s. c 205 § 1; 1971 ex.s. c 196 § 2.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
Effective date—1975 1st ex.s. c 296 § 12: See RCW 41.58.901.
Severability—1973 1st ex.s. c 205: "If any provision of this 1973
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1973 1st ex.s. c 205 § 7.]
Public employment relations commission: Chapter 41.58 RCW.
28B.52.025 Right to organize or refrain from organizing. Employees have the right to self-organization, to
form, join, or assist employee organizations, to bargain collectively through representatives of their own choosing, and
28B.52.025
(2008 Ed.)
28B.52.045
also have the right to refrain from any or all of these activities
except to the extent that employees may be required to make
payments to an exclusive bargaining representative or charitable organization under a union security provision authorized in this chapter. [1987 c 314 § 5.]
28B.52.030 Representatives of employee organization—Right to collective bargaining. Representatives of an
employee organization, which organization shall by secret
ballot have won a majority in an election to represent the academic employees within its college district, shall have the
right to bargain as defined in RCW 28B.52.020(8). [1991 c
238 § 147; 1987 c 314 § 3; 1973 1st ex.s. c 205 § 2; 1971 ex.s.
c 196 § 3.]
28B.52.030
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
Severability—1973 1st ex.s. c 205: See note following RCW
28B.52.020.
28B.52.035 Negotiations reduced to written agreements—Provisions relating to salary increases—Restrictions. At the conclusion of any negotiation processes as provided for in RCW 28B.52.030, any matter upon which the
parties have reached agreement shall be reduced to writing
and acted upon in a regular or special meeting of the boards
of trustees, and become part of the official proceedings of
said board meeting. Provisions of written contracts relating to
salary increases shall not exceed the amount or percentage
established by the legislature in the appropriations act and
allocated to the board of trustees by the state board for community and technical colleges. The length of term of any such
agreement shall be for not more than three fiscal years. Any
provisions of these agreements pertaining to salary increases
will not be binding upon future actions of the legislature. If
any provision of a salary increase is changed by subsequent
modification of the appropriations act by the legislature, both
parties shall immediately enter into collective bargaining for
the sole purpose of arriving at a mutually agreed upon
replacement for the modified provision. [1991 c 238 § 148;
1987 c 314 § 4; 1973 1st ex.s. c 205 § 4.]
28B.52.035
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
Severability—1973 1st ex.s. c 205: See note following RCW
28B.52.020.
28B.52.040 Negotiated agreements—Procedures for
binding arbitration. A board of trustees or an employee
organization that enters into a negotiated agreement under
RCW 28B.52.030 may include in the agreement procedures
for binding arbitration of the disputes arising about the interpretation or application of the agreement including but not
limited to nonretention, dismissal, denial of tenure, and
reduction in force. [1987 c 314 § 6.]
28B.52.040
28B.52.045 Collective bargaining agreement—
Exclusive bargaining representative—Union security
provisions—Dues and fees. (1) Upon filing with the
employer the voluntary written authorization of a bargaining
unit employee under this chapter, the employee organization
which is the exclusive bargaining representative of the bargaining unit shall have the right to have deducted from the
28B.52.045
[Title 28B RCW—page 175]
28B.52.050
Title 28B RCW: Higher Education
salary of the bargaining unit employee the periodic dues and
initiation fees uniformly required as a condition of acquiring
or retaining membership in the exclusive bargaining representative. Such employee authorization shall not be irrevocable for a period of more than one year. Such dues and fees
shall be deducted from the pay of all employees who have
given authorization for such deduction, and shall be transmitted by the employer to the employee organization or to the
depository designated by the employee organization.
(2) A collective bargaining agreement may include
union security provisions, but not a closed shop. If an agency
shop or other union security provision is agreed to, the
employer shall enforce any such provision by deductions
from the salary of bargaining unit employees affected thereby
and shall transmit such funds to the employee organization or
to the depository designated by the employee organization.
(3) An employee who is covered by a union security provision and who asserts a right of nonassociation based on
bona fide religious tenets or teachings of a church or religious
body of which such employee is a member shall pay to a nonreligious charity or other charitable organization an amount
of money equivalent to the periodic dues and initiation fees
uniformly required as a condition of acquiring or retaining
membership in the exclusive bargaining representative. The
charity shall be agreed upon by the employee and the
employee organization to which such employee would otherwise pay the dues and fees. The employee shall furnish written proof that such payments have been made. If the
employee and the employee organization do not reach agreement on such matter, the commission shall designate the
charitable organization. [1987 c 314 § 8.]
28B.52.050 Academic employee may appear in own
behalf. Nothing in this chapter shall prohibit any academic
employee from appearing in his or her own behalf on matters
relating to his or her employment relations with the college
district. [1991 c 238 § 149; 1971 ex.s. c 196 § 4.]
28B.52.050
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
28B.52.060 Commission—Mediation activities—
Other dispute resolution procedures authorized. The
commission shall conduct mediation activities upon the
request of either party as a means of assisting in the settlement of unresolved matters considered under this chapter.
In the event that any matter being jointly considered by
the employee organization and the board of trustees of the
college district is not settled by the means provided in this
chapter, either party, twenty-four hours after serving written
notice of its intended action to the other party, may, request
the assistance and advice of the commission. Nothing in this
section prohibits an employer and an employee organization
from agreeing to substitute, at their own expense, some other
impasse procedure or other means of resolving matters considered under this chapter. [1991 c 238 § 150; 1987 c 314 §
9; 1975 1st ex.s. c 296 § 13; 1973 1st ex.s. c 205 § 3; 1971
ex.s. c 196 § 5.]
28B.52.060
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
Effective date—1975 1st ex.s. c 296 § 13: See RCW 41.58.901.
[Title 28B RCW—page 176]
Severability—1973 1st ex.s. c 205: See note following RCW
28B.52.020.
28B.52.065 Commission’s adjudication of unfair
labor practices—Rules—Binding arbitration authorized.
The commission may adjudicate any unfair labor practices
alleged by a board of trustees or an employee organization
and shall adopt reasonable rules to administer this section.
However, the parties may agree to seek relief from unfair
labor practices through binding arbitration. [1987 c 314 §
10.]
28B.52.065
28B.52.070 Discrimination prohibited. Boards of
trustees of college districts or any administrative officer
thereof shall not discriminate against academic employees or
applicants for such positions because of their membership or
nonmembership in employee organizations or their exercise
of other rights under this chapter. [1991 c 238 § 151; 1971
ex.s. c 196 § 6.]
28B.52.070
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
28B.52.073 Unfair labor practices. (1) It shall be an
unfair labor practice for an employer:
(a) To interfere with, restrain, or coerce employees in the
exercise of the rights guaranteed by this chapter;
(b) To dominate or interfere with the formation or
administration of any employee organization or contribute
financial or other support to it: PROVIDED, That subject to
rules adopted by the commission, an employer shall not be
prohibited from permitting employees to confer with it or its
representatives or agents during working hours without loss
of time or pay;
(c) To encourage or discourage membership in any
employee organization by discrimination in regard to hire,
tenure of employment, or any term or condition of employment;
(d) To discharge or discriminate otherwise against an
employee because that employee has filed charges or given
testimony under this chapter;
(e) To refuse to bargain collectively with the representatives of its employees.
(2) It shall be an unfair labor practice for an employee
organization:
(a) To restrain or coerce an employee in the exercise of
the rights guaranteed by this chapter: PROVIDED, That this
subsection shall not impair the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership in the employee organization
or to an employer in the selection of its representatives for the
purpose of bargaining or the adjustment of grievances;
(b) To cause or attempt to cause an employer to discriminate against an employee in violation of subsection (1)(c) of
this section;
(c) To discriminate against an employee because that
employee has filed charges or given testimony under this
chapter;
(d) To refuse to bargain collectively with an employer.
(3) The expressing of any views, arguments, or opinion,
or the dissemination thereof to the public, whether in written,
printed, graphic, or visual form, shall not constitute or be evi28B.52.073
(2008 Ed.)
1972 Community Colleges Facilities Aid—Bond Issue
dence of an unfair labor practice under this chapter, if such
expression contains no threat of reprisal or force or promise
of benefit. [1987 c 314 § 11.]
28B.52.078 Strikes and lockouts prohibited—Violations—Remedies. The right of college faculty to engage in
any strike is prohibited. The right of a board of trustees to
engage in any lockout is prohibited. Should either a strike or
lockout occur, the representative of the faculty or board of
trustees may invoke the jurisdiction of the superior court in
the county in which the labor dispute exists and such court
shall have jurisdiction to issue an appropriate order against
either or both parties. In fashioning an order, the court shall
take into consideration not only the elements necessary for
injunctive relief but also the purpose and goals of this chapter
and any mitigating factors such as the commission of an
unfair labor practice by either party. [1991 c 238 § 152; 1987
c 314 § 13.]
28B.52.078
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
Chapter 28B.56
unilateral action on any unresolved issue under negotiation,
unless the parties have first participated in good faith mediation or some other procedure as authorized by RCW
28B.52.060 to seek resolution of the issue. [1991 c 238 §
154; 1987 c 314 § 12; 1973 1st ex.s. c 205 § 6.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
Severability—1973 1st ex.s. c 205: See note following RCW
28B.52.020.
28B.52.210 Scope of chapter—Community and technical colleges faculty awards trust program. With respect
to the community and technical colleges faculty awards trust
program, the permissible scope of collective bargaining
under this chapter shall be governed by RCW 28B.50.843.
[1991 c 238 § 155; 1990 c 29 § 6.]
28B.52.210
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
Severability—1990 c 29: See note following RCW 28B.50.835.
28B.52.220 Scope of chapter—Community and technical colleges part-time academic employees. With respect
to the community and technical colleges part-time academic
employees, the permissible scope of collective bargaining
under this chapter shall be governed by RCW 28B.50.4893
and 28B.50.489. [2000 c 128 § 4.]
28B.52.220
28B.52.080 Commission to adopt rules and regulations—Boards may request commission services. The
commission shall adopt reasonable rules and regulations for
the administration of employer-employee relations under this
chapter. The boards may request the services of the commission to assist in the conduction of certification elections as
provided for in RCW 28B.52.030. [1975 1st ex.s. c 296 § 14;
1973 1st ex.s. c 205 § 5; 1971 ex.s. c 196 § 7.]
28B.52.080
Effective date—1975 1st ex.s. c 296 § 14: See 1975-’76 2nd ex.s. c 5
§ 8, RCW 41.58.901.
Severability—1973 1st ex.s. c 205: See note following RCW
28B.52.020.
28B.52.090 Prior agreements. Nothing in this chapter
shall be construed to annul or modify, or to preclude the
renewal or continuation of, any lawful agreement heretofore
entered into between any college district and any representative of its employees. [1991 c 238 § 153; 1971 ex.s. c 196 §
8.]
28B.52.090
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
28B.52.100 State higher education administrative
procedure act not to affect. Contracts or agreements, or any
provision thereof entered into between boards of trustees and
employees organizations pursuant to this chapter shall not be
affected by or be subject to chapter 34.05 RCW. [1971 ex.s.
c 196 § 9.]
28B.52.100
28B.52.200 Scope of chapter—Limitations—When
attempts to resolve dispute required. Nothing in chapter
28B.52 RCW as now or hereafter amended shall compel
either party to agree to a proposal or to make a concession,
nor shall any provision in chapter 28B.52 RCW as now or
hereafter amended be construed as limiting or precluding the
exercise by each college board of trustees of any powers or
duties authorized or provided to it by law unless such exercise is contrary to the terms and conditions of any lawful
negotiated agreement, except that other than to extend the
terms of a previous contract, a board of trustees shall not take
28B.52.200
(2008 Ed.)
Construction—2000 c 128: "Nothing contained in this act may be construed to alter any existing collective bargaining unit or the provisions of any
existing collective bargaining agreement." [2000 c 128 § 5.]
28B.52.300 Construction of chapter. Except as otherwise expressly provided in this chapter, this chapter shall not
be construed to deny or otherwise abridge any rights, privileges, or benefits granted by law to employees. This chapter
shall not be construed to interfere with the responsibilities
and rights of the board of trustees as specified by federal and
state law. [1987 c 314 § 7.]
28B.52.300
28B.52.900 Severability—1987 c 314. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 314 § 15.]
28B.52.900
Chapter 28B.56 RCW
1972 COMMUNITY COLLEGES FACILITIES AID—
BOND ISSUE
Chapter 28B.56
Sections
28B.56.010
28B.56.020
28B.56.040
28B.56.050
28B.56.070
28B.56.080
28B.56.090
28B.56.100
28B.56.110
28B.56.120
Purpose.
Bonds authorized—Payment—Limitations.
Proceeds from bond sale—Administration and expenditure.
"Community college facilities" defined.
Referral to electorate.
Form, terms, conditions and manner of sale and issuance—
Limitation.
Anticipation notes—Authorized—Contents—Payment.
Community college capital improvements bond redemption
fund of 1972—Created—Tax receipts—Use of funds—Use
of debt-limit general fund bond retirement account.
Legislature may provide additional means of revenue.
Bonds as legal investment for state and municipal corporation
funds.
[Title 28B RCW—page 177]
28B.56.010
Title 28B RCW: Higher Education
28B.56.010
28B.56.010 Purpose. The community colleges of the
state of Washington have more than doubled their enrollment
since 1966, including a three hundred percent increase in
occupational education. The capital fund resources of the
state community college system are not adequate to meet the
facility needs of today’s students. Major increments of community college facilities will be needed to serve the still
growing numbers of commuting youth and adults attending
the community college system. A determination of the facility needs of each college has been made through the uniform
application of guidelines developed by the *state board for
community college education to evaluate facility needs.
[1972 ex.s. c 133 § 1.]
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Legislative direction—1972 ex.s. c 133: "Upon adoption and ratification by the people as provided for in section 7 of this act, sections 1 through
12 herein shall constitute a new chapter in Title 28B RCW." [1972 ex.s. c
133 § 13.]
28B.56.020
28B.56.020 Bonds authorized—Payment—Limitations. For the purpose of providing funds for the acquisition,
construction and improvement of community college facilities in this state, the state finance committee is authorized to
issue general obligation bonds of the state of Washington in
the sum of fifty million dollars or so much thereof as may be
required to finance the improvements defined in this chapter
and all costs incidental thereto. These bonds shall be paid and
discharged within twenty years of the date of issuance, or
within thirty years, should Article VIII of the Constitution of
the state of Washington be amended to permit such longer
term. No bonds authorized by this chapter shall be offered for
sale without prior legislative appropriation of the proceeds of
such bonds to be sold. [1977 ex.s. c 242 § 5; 1972 ex.s. c 133
§ 2.]
Severability—1977 ex.s. c 242: See note following RCW 43.83A.020.
28B.56.040
28B.56.040 Proceeds from bond sale—Administration and expenditure. The proceeds from the sale of bonds
deposited in the community college capital improvements
account shall be administered and expended by the *state
board for community college education subject to legislative
appropriation. [1972 ex.s. c 133 § 4.]
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
28B.56.050
28B.56.050 "Community college facilities" defined.
For the purposes of this chapter, the term "community college
facilities" shall mean and include, but not be limited to, vocational facilities, including capital equipment acquisition, and
such other specific projects as approved and funded for planning purposes by the legislature which shall include general
education classrooms, science laboratories, faculty offices,
student dining facilities, library and media facilities, offices
for student personnel services and administrative personnel,
and all real property and interests therein, equipment, parking
facilities, utilities, appurtenances and landscaping incidental
to such facilities. [1972 ex.s. c 133 § 5.]
[Title 28B RCW—page 178]
28B.56.070
28B.56.070 Referral to electorate. This chapter shall
be submitted to the people for their adoption and ratification,
or rejection, at the general election to be held in this state on
the Tuesday next succeeding the first Monday in November,
1972, in accordance with the provisions of section 3, Article
VIII of the Constitution of the state of Washington, and in
accordance with the provisions of section 1, Article II of the
Constitution of the state of Washington, as amended, and the
laws adopted to facilitate the operation thereof. [1972 ex.s. c
133 § 7.]
Reviser’s note: Chapter 28B.56 RCW was adopted and ratified by the
people at the November 7, 1972, general election (Referendum Bill No. 31).
Governor’s proclamation declaring approval of measure is dated December
7, 1972.
28B.56.080
28B.56.080 Form, terms, conditions and manner of
sale and issuance—Limitation. The state finance committee is authorized to prescribe the form, terms, conditions and
covenants of the bonds, the time or times of sale of all or any
portion of them, and the conditions and manner of their sale
and issuance. None of the bonds herein authorized shall be
sold for less than their par value. [1972 ex.s. c 133 § 8.]
28B.56.090
28B.56.090 Anticipation notes—Authorized—Contents—Payment. When the state finance committee has
decided to issue such bonds or a portion thereof, it may,
pending the issuing of such bonds, issue, in the name of the
state, temporary notes in anticipation of the money to be
derived from the sale of such bonds, which notes shall be designated as "anticipation notes". Such portion of the proceeds
of the sale of such bonds as may be required for such purpose
shall be applied to the payment of the principal of and interest
on such anticipation notes which have been issued. The
bonds and notes shall pledge the full faith and credit of the
state of Washington and shall contain an unconditional promise to pay the principal and interest when due. The state
finance committee may authorize the use of a printed facsimile of the seal of the state of Washington in the issuance of
bonds and notes. [1972 ex.s. c 133 § 9.]
28B.56.100
28B.56.100 Community college capital improvements bond redemption fund of 1972—Created—Tax
receipts—Use of funds—Use of debt-limit general fund
bond retirement account. The community college capital
improvements bond redemption fund of 1972 is created in the
state treasury. This fund shall be exclusively devoted to the
payment of interest on and retirement of the bonds authorized
by this chapter. The state finance committee shall, on or
before June 30 of each year, certify to the state treasurer the
amount needed in the ensuing twelve months to meet bond
retirement and interest requirements, and on July 1 of each
year, the state treasurer shall deposit such amount in the community college capital improvements bond redemption fund
of 1972 from moneys transmitted to the state treasurer by the
department of revenue and certified by the department of revenue to be retail sales tax collections. Such amount certified
by the state finance committee to the state treasurer shall be a
prior charge against all retail sales tax revenues of the state of
Washington, except that portion thereof heretofore pledged
for the payment of bond principal and interest.
(2008 Ed.)
1975 Community College Special Capital Projects Bond Act
The owner and holder of each of the bonds or the trustee
for any of the bonds may by mandamus or other appropriate
proceeding require the transfer and payment of funds as
directed herein.
If a debt-limit general fund bond retirement account is
created in the state treasury by chapter 456, Laws of 1997 and
becomes effective prior to the issuance of any of the bonds
authorized by this chapter, the debt-limit general fund bond
retirement account shall be used for the purposes of this chapter in lieu of the community college capital improvements
bonds redemption fund of 1972. [1997 c 456 § 10; 1972 ex.s.
c 133 § 10.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
28B.56.110 Legislature may provide additional
means of revenue. The legislature may provide additional
means for raising moneys for the payment of the principal
and interest of the bonds authorized herein, and this chapter
shall not be deemed to provide an exclusive method for such
payment. [1972 ex.s. c 133 § 11.]
28B.57.040
For purposes of this chapter, "community college capital
projects" means the construction, reconstruction, erection,
equipping, maintenance, demolition and major alteration of
buildings and other capital assets owned by the *state board
for community college education in the name of the state of
Washington, and the acquisition of sites, rights-of-way, easements, improvements or appurtenances in relation thereto.
[1985 c 390 § 61; 1975 1st ex.s. c 65 § 1.]
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Severability—1975 1st ex.s. c 65: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances,
shall in no way be affected." [1975 1st ex.s. c 65 § 13.]
28B.56.110
28B.56.120 Bonds as legal investment for state and
municipal corporation funds. The bonds herein authorized
shall be a legal investment for all state funds or for funds
under state control and for all funds of municipal corporations. [1972 ex.s. c 133 § 12.]
28B.56.120
Chapter 28B.57 RCW
1975 COMMUNITY COLLEGE SPECIAL CAPITAL
PROJECTS BOND ACT
Chapter 28B.57
Sections
28B.57.010 State general obligation bonds in lieu of building, limited obligation bonds—"Community college capital projects"
defined.
28B.57.020 Amount of bonds authorized.
28B.57.030 Projects enumerated.
28B.57.040 Bond anticipation notes, authorized, payment—Form, terms,
conditions, sale and covenants of bonds and notes.
28B.57.050 Disposition of proceeds—1975 community college capital
construction account, use.
28B.57.060 Administration of proceeds from bonds and notes.
28B.57.070 1975 community college capital construction bond retirement
fund—Created—Purpose.
28B.57.080 Moneys to be transferred from community college account to
state general fund—Limitation.
28B.57.090 Bonds as legal investment for public funds.
28B.57.100 Prerequisite to bond issuance.
28B.57.010 State general obligation bonds in lieu of
building, limited obligation bonds—"Community college
capital projects" defined. The legislature has previously
approved by its appropriation of funds from time to time, certain capital projects for the state community colleges, which
appropriations were to be funded primarily by the issuance of
building, limited obligation bonds by the *state board for
community college education (hereinafter in this chapter
called the "college board"). In order that any future appropriations for such approved capital projects may be funded on
terms most advantageous to the state, it is hereby determined
to be in the public interest to provide for the issuance of state
general obligation bonds, in lieu of building, limited obligation bonds.
28B.57.010
(2008 Ed.)
28B.57.020
28B.57.020 Amount of bonds authorized. For the purpose of providing funds for carrying out the community college capital projects described in RCW 28B.57.030, and to
fund indebtedness and expenditures heretofore incurred for
such projects, the state finance committee is hereby authorized to issue from time to time general obligation bonds of
the state of Washington in the aggregate principal amount of
nine million dollars, or so much thereof as may be required
for such purposes, to be paid and discharged within thirty
years of the date or dates of issuance, in accordance with
Article VIII, section 1 of the Constitution of the state of
Washington. [1975 1st ex.s. c 65 § 2.]
Severability—1975 1st ex.s. c 65: See note following RCW
28B.57.010.
28B.57.030
28B.57.030 Projects enumerated. The community
college capital projects referred to in RCW 28B.57.020 are
(1) at Walla Walla Community College, for construction of
vocational facilities, Phase II, at a cost of not more than two
million two thousand three hundred ninety-nine dollars and
(2) at Seattle Central Community College, for remodeling of
Edison South High School, at a cost of not more than six million nine hundred ninety-seven thousand six hundred and one
dollars, which projects were to be primarily funded, but have
not heretofore been sufficiently funded, from the proceeds of
general tuition fee, limited obligation bonds issued by the
college board. [1975 1st ex.s. c 65 § 3.]
Severability—1975 1st ex.s. c 65: See note following RCW
28B.57.010.
28B.57.040
28B.57.040 Bond anticipation notes, authorized, payment—Form, terms, conditions, sale and covenants of
bonds and notes. When the state finance committee has
determined to issue such general obligation bonds or a portion thereof, it may, pending the issuance thereof, issue in the
name of the state temporary notes in anticipation of the issuance of such bonds, which notes shall be designated as "bond
anticipation notes". Such portion of the proceeds of the sale
of such bonds as may be required for the payment of principal
and redemption premium, if any, of and interest on such notes
shall be applied thereto when such bonds are issued.
The state finance committee is authorized to prescribe
the form, terms, conditions and covenants of the bonds and/or
the bond anticipation notes, the time or times of sale of all or
[Title 28B RCW—page 179]
28B.57.050
Title 28B RCW: Higher Education
any portion of them, and the conditions and manner of their
sale and issuance.
Each such bond and bond anticipation note shall pledge
the full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and the interest thereon when due. [1975 1st ex.s. c 65 § 4.]
Severability—1975 1st ex.s. c 65: See note following RCW
28B.57.010.
28B.57.050 Disposition of proceeds—1975 community college capital construction account, use. The proceeds from the sale of the bonds authorized herein, together
with all grants, donations, transferred funds, and all other
moneys which the state finance committee or the college
board may direct the state treasurer to deposit therein, shall
be deposited in the 1975 community college capital construction account, hereby created in the state treasury. [1991 sp.s.
c 13 § 51; 1985 c 57 § 18; 1975 1st ex.s. c 65 § 5.]
28B.57.050
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1975 1st ex.s. c 65: See note following RCW
28B.57.010.
Disposition of proceeds from sale of bonds and notes—1977 community college capital projects bond act: RCW 28B.59B.040.
28B.57.060 Administration of proceeds from bonds
and notes. All proceeds of the bonds authorized in this chapter shall be administered by the college board exclusively for
the purposes specified in this chapter and for the payment of
the expenses incurred in connection with the sale and issuance of such bonds and bond anticipation notes. [1975 1st
ex.s. c 65 § 6.]
28B.57.060
Severability—1975 1st ex.s. c 65: See note following RCW
28B.57.010.
28B.57.070 1975 community college capital construction bond retirement fund—Created—Purpose. The 1975
community college capital construction bond retirement fund
is hereby created in the state treasury for the purpose of the
payment of principal of and interest on the bonds authorized
to be issued pursuant to this chapter.
The state finance committee, on or before June 30 of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and interest coming due on such
bonds. On July 1st of each such year the state treasurer shall
withdraw from any general state revenues received in the
state treasury and deposit in the 1975 community college
capital construction bond retirement fund an amount equal to
the amount certified by the state finance committee. [1975
1st ex.s. c 65 § 7.]
28B.57.070
Severability—1975 1st ex.s. c 65: See note following RCW
28B.57.010.
Disposition of proceeds from sale of bonds and notes—1977 community college capital projects bond act: RCW 28B.59B.040.
from building fees and other moneys deposited therein, an
amount at least equal to the amount required in the next succeeding twelve months for the payment of principal of and
interest on the bonds issued pursuant to this chapter. On July
1st of each such year, the state treasurer shall withdraw said
sum from the community college capital projects account and
deposit said sum in the state general fund: PROVIDED, That
withdrawal of building fees from the community college capital projects account for deposit into the state general fund
pursuant to the provisions of this section shall be made only
after provision has first been made for the payment in full of
the principal of and interest on all outstanding building, limited obligation bonds of the college board coming due in the
twelve months next succeeding July 1 of each such year, and
for any reserve account deposits necessary for such outstanding bonds in the same period. [1985 c 390 § 63; 1975 1st
ex.s. c 65 § 8.]
Severability—1975 1st ex.s. c 65: See note following RCW
28B.57.010.
28B.57.090 Bonds as legal investment for public
funds. The bonds authorized in this chapter shall constitute a
legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1975 1st
ex.s. c 65 § 9.]
28B.57.090
Severability—1975 1st ex.s. c 65: See note following RCW
28B.57.010.
28B.57.100 Prerequisite to bond issuance. The bonds
authorized in this chapter shall be issued only after the college board has certified to the state finance committee that its
projected building fees revenue shall be adequate, based upon
reasonable projections of student enrollments, for the college
board to meet the requirements of RCW 28B.57.080, during
the life of the bonds proposed to be issued. [1985 c 390 § 62;
1975 1st ex.s. c 65 § 10.]
28B.57.100
Severability—1975 1st ex.s. c 65: See note following RCW
28B.57.010.
Chapter 28B.58 RCW
1975 COMMUNITY COLLEGE GENERAL CAPITAL
PROJECTS BOND ACT
Chapter 28B.58
Sections
28B.58.010 State general obligation bonds in lieu of building, limited obligation bonds—"Community college capital projects"
defined—Consideration for minority contractors on projects
so funded.
28B.58.020 Amount of bonds authorized.
28B.58.030 Bond anticipation notes, authorized, payment—Form, term,
conditions, sale and covenants of bonds and notes.
28B.58.040 Disposition of proceeds from sale of bonds and notes.
28B.58.050 Administration of proceeds from bonds and notes.
28B.58.060 Payment of principal and interest on bonds.
28B.58.070 Moneys to be transferred from community college account to
state general fund—Limitation.
28B.58.080 Bonds as legal investment for public funds.
28B.58.090 Prerequisite to bond issuance.
28B.58.010 State general obligation bonds in lieu of
building, limited obligation bonds—"Community college
capital projects" defined—Consideration for minority
contractors on projects so funded. The legislature has
approved by its appropriation of funds from time to time,
28B.58.010
28B.57.080 Moneys to be transferred from community college account to state general fund—Limitation.
On or before June 30 of each year, the college board shall
accumulate in the community college capital projects account
28B.57.080
[Title 28B RCW—page 180]
(2008 Ed.)
1975 Community College General Capital Projects Bond Act
capital projects for the state community colleges, which
appropriations have been funded primarily by the issuance of
building, limited obligation bonds by the *state board for
community college education (hereinafter in this chapter
called the "college board"). In order that any future appropriations for such approved capital projects may be funded on
terms most advantageous to the state, it is hereby determined
to be in the public interest to provide for the issuance of state
general obligation bonds, in lieu of building, limited obligation bonds.
For purposes of this chapter, "community college capital
projects" means the construction, reconstruction, erection,
equipping, maintenance, demolition and major alteration of
buildings and other capital assets owned by the *state board
for community college education in the name of the state of
Washington, and the acquisition of sites, rights-of-way, easements, improvements or appurtenances in relation thereto. It
is the intent of the legislature that in any decision to contract
for capital projects funded as the result of this chapter, full
and fair consideration shall be given to minority contractors.
[1985 c 390 § 64; 1975 1st ex.s. c 236 § 1.]
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Severability—1975 1st ex.s. c 236: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances,
shall in no way be affected." [1975 1st ex.s. c 236 § 11.]
28B.58.020
28B.58.020 Amount of bonds authorized. For the purpose of financing the community college capital projects as
determined by the legislature in its capital appropriations act,
chapter 276, Laws of 1975 1st ex. sess., the state finance
committee is hereby authorized to issue from time to time
general obligation bonds of the state of Washington in the
aggregate principal amount of fourteen million seven hundred seventy-six thousand dollars, or so much thereof as may
be required for such purposes, to be paid and discharged
within thirty years of the date or dates of issuance, in accordance with Article VIII, section 1 of the Constitution of the
state of Washington. [1975 1st ex.s. c 236 § 2.]
Severability—1975 1st ex.s. c 236: See note following RCW
28B.58.010.
28B.58.030
28B.58.030 Bond anticipation notes, authorized, payment—Form, term, conditions, sale and covenants of
bonds and notes. When the state finance committee has
determined to issue such general obligation bonds, or a portion thereof, it may, pending the issuance thereof, issue in the
name of the state temporary notes in anticipation of the issuance of such bonds, which notes shall be designated as "bond
anticipation notes". Such portion of the proceeds of the sale
of such bonds as may be required for the payment of principal
and redemption premium, if any, of and interest on such notes
shall be applied thereto when such bonds are issued.
The state finance committee is authorized to prescribe
the form, terms, conditions and covenants of the bonds and/or
the bond anticipation notes, the time or times of sale of all or
any portion of them, and the conditions and manner of their
sale and issuance.
(2008 Ed.)
28B.58.070
Each such bond and bond anticipation note shall pledge
the full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and the interest thereon when due. [1975 1st ex.s. c 236 § 3.]
Severability—1975 1st ex.s. c 236: See note following RCW
28B.58.010.
28B.58.040 Disposition of proceeds from sale of
bonds and notes. Except for that portion of the proceeds
required to pay bond anticipation notes pursuant to RCW
28B.58.030, the proceeds from the sale of the bonds and/or
bond anticipation notes authorized in this chapter, together
with all grants, donations, transferred funds, and all other
moneys which the state finance committee or the college
board may direct the state treasurer to deposit therein, shall
be deposited in the 1975 community college capital construction account in the state general fund. [1975 1st ex.s. c 236 §
4.]
28B.58.040
Severability—1975 1st ex.s. c 236: See note following RCW
28B.58.010.
1975 community college capital construction account, created, use: RCW
28B.57.050.
28B.58.050 Administration of proceeds from bonds
and notes. Subject to legislative appropriation, all proceeds
of the bonds authorized in this chapter shall be administered
by the college board exclusively for the purposes specified in
this chapter and for the payment of the expenses incurred in
connection with the sale and issuance of such bonds and bond
anticipation notes. [1975 1st ex.s. c 236 § 5.]
28B.58.050
Severability—1975 1st ex.s. c 236: See note following RCW
28B.58.010.
28B.58.060 Payment of principal and interest on
bonds. The 1975 community college capital construction
bond retirement fund in the state treasury shall be used for the
purpose of the payment of principal of and interest on the
bonds authorized to be issued pursuant to this chapter.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and interest coming due on such
bonds. On July 1st of each such year the state treasurer shall
withdraw from any general state revenues received in the
state treasury and deposit in the 1975 community college
capital construction bond retirement fund, an amount equal to
the amount certified by the state finance committee. [1975
1st ex.s. c 236 § 6.]
28B.58.060
Severability—1975 1st ex.s. c 236: See note following RCW
28B.58.010.
1975 community college capital construction bond retirement fund—Created—Purpose: RCW 28B.57.070.
28B.58.070 Moneys to be transferred from community college account to state general fund—Limitation.
On or before June 30th of each year, the college board shall
accumulate in the community college capital projects account
from building fees and other moneys deposited therein, an
amount at least equal to the amount required in the next succeeding twelve months for the payment of principal of and
interest on the bonds issued pursuant to this chapter. On July
28B.58.070
[Title 28B RCW—page 181]
28B.58.080
Title 28B RCW: Higher Education
1st of each such year, the state treasurer shall withdraw said
sum from the community college capital projects account and
deposit said sum in the state general fund: PROVIDED, That
withdrawal of building fees from the community college capital projects account for deposit into the general fund pursuant to the provisions of this section shall be made only after
provision has first been made for the payment in full of the
principal of and interest on all outstanding building, limited
obligation bonds of the college board coming due in the
twelve months next succeeding July 1st of each such year,
and for any reserve account deposits necessary for such outstanding bonds in the same period. [1985 c 390 § 65; 1975
1st ex.s. c 236 § 7.]
Severability—1975 1st ex.s. c 236: See note following RCW
28B.58.010.
28B.58.080 Bonds as legal investment for public
funds. The bonds authorized in this chapter shall constitute a
legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1975 1st
ex.s. c 236 § 8.]
28B.58.080
Severability—1975 1st ex.s. c 236: See note following RCW
28B.58.010.
28B.58.090 Prerequisite to bond issuance. The bonds
authorized in this chapter shall be issued only after the college board has certified to the state finance committee that its
projected building fees revenue shall be adequate, based upon
reasonable projections of student enrollments, for the college
board to meet the requirements of RCW 28B.58.070, during
the life of the bonds proposed to be issued. [1985 c 390 § 66;
1975 1st ex.s. c 236 § 9.]
28B.58.090
Severability—1975 1st ex.s. c 236: See note following RCW
28B.58.010.
Chapter 28B.59 RCW
1976 COMMUNITY COLLEGE CAPITAL
PROJECTS BOND ACT
Chapter 28B.59
Sections
28B.59.010 Purpose—"Community college capital projects" defined.
28B.59.020 Amount of general obligation bonds authorized.
28B.59.030 Bond anticipation notes, authorized, payment—Form, term,
conditions, sale and covenants of bonds and notes.
28B.59.040 Disposition of proceeds from sale of bonds and notes.
28B.59.050 Administration of the proceeds from bonds and notes.
28B.59.060 Payment of the principal and interest on bonds.
28B.59.070 Moneys to be transferred from community college account to
state general fund—Limitation.
28B.59.080 Bonds as legal investment for public funds.
28B.59.090 Prerequisite to bond issuance.
28B.59.010 Purpose—"Community college capital
projects" defined. The legislature has approved by its
appropriation of funds from time to time, capital projects for
the state community colleges, which appropriations have
been funded primarily by the issuance of building, limited
obligation bonds by the *state board for community college
education (hereinafter in this chapter called the "college
board"). In order that any future appropriations for such
approved capital projects may be funded on terms most
advantageous to the state, it is hereby determined to be in the
public interest to provide for the issuance of state general
28B.59.010
[Title 28B RCW—page 182]
obligation bonds, in lieu of building, limited obligation
bonds.
For purposes of this chapter, "community college capital
projects" means the construction, reconstruction, erection,
equipping, maintenance, demolition and major alteration of
buildings and other capital assets owned by the *state board
for community college education in the name of the state of
Washington, and the acquisition of sites, rights-of-way, easements, improvements or appurtenances in relation thereto.
[1985 c 390 § 67; 1975-’76 2nd ex.s. c 107 § 1.]
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Severability—1975-’76 2nd ex.s. c 107: "If any provision of this 1976
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1975-’76 2nd ex.s. c 107 § 11.]
28B.59.020 Amount of general obligation bonds
authorized. For the purpose of financing the community
college capital projects as determined by the legislature in its
capital appropriation act, chapter 133, Laws of 1975-’76 2nd
ex. sess., the state finance committee is hereby authorized to
issue from time to time general obligation bonds of the state
of Washington in the aggregate principal amount of twentysix million four hundred eighty-seven thousand dollars, or so
much thereof as may be required for such purposes, to be paid
and discharged within thirty years of the date or dates of issuance, in accordance with Article VIII, section 1 of the Constitution of the state of Washington. [1975-’76 2nd ex.s. c 107
§ 2.]
28B.59.020
Severability—1975-’76 2nd ex.s. c 107: See note following RCW
28B.59.010.
28B.59.030 Bond anticipation notes, authorized, payment—Form, term, conditions, sale and covenants of
bonds and notes. When the state finance committee has
determined to issue such general obligation bonds, or a portion thereof, it may, pending the issuance thereof, issue in the
name of the state temporary notes in anticipation of the issuance of such bonds, which notes shall be designated as "bond
anticipation notes". Such portion of the proceeds of the sale
of such bonds as may be required for the payment of principal
of and redemption premium, if any, and interest on such notes
shall be applied thereto when such bonds are issued.
The state finance committee is authorized to prescribe
the form, terms, conditions and covenants of the bonds and/or
the bond anticipation notes, the time or times of sale of all or
any portion of them, and the conditions and manner of their
sale and issuance.
Each such bond and bond anticipation note shall pledge
the full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and the interest thereon when due. [1975-’76 2nd ex.s. c 107
§ 3.]
28B.59.030
Severability—1975-’76 2nd ex.s. c 107: See note following RCW
28B.59.010.
28B.59.040 Disposition of proceeds from sale of
bonds and notes. Except for that portion of the proceeds
required to pay bond anticipation notes pursuant to RCW
28B.59.040
(2008 Ed.)
1977 Community College Capital Projects Bond Act
28B.59B.010
28B.59.030, the proceeds from the sale of the bonds and/or
bond anticipation notes authorized in this chapter, together
with all grants, donations, transferred funds, and all other
moneys which the state finance committee or the college
board may direct the state treasurer to deposit therein, shall
be deposited in the 1975 community college capital construction account in the state general fund. [1975-’76 2nd ex.s. c
107 § 4.]
28B.59.080 Bonds as legal investment for public
funds. The bonds authorized in this chapter shall constitute a
legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1975-’76
2nd ex.s. c 107 § 8.]
Severability—1975-’76 2nd ex.s c 107: See note following RCW
28B.59.010.
Severability—1975-’76 2nd ex.s. c 107: See note following RCW
28B.59.010.
28B.59.050 Administration of the proceeds from
bonds and notes. Subject to legislative appropriation, all
proceeds of the bonds authorized in this chapter shall be
administered by the college board exclusively for the purposes specified in this chapter and for the payment of the
expenses incurred in connection with the sale and issuance of
such bonds and bond anticipation notes. [1975-’76 2nd ex.s.
c 107 § 5.]
28B.59.090 Prerequisite to bond issuance. The bonds
authorized in this chapter shall be issued only after the college board has certified to the state finance committee that its
projected building fees revenue shall be adequate, based upon
reasonable projections of student enrollments, for the college
board to meet the requirements of RCW 28B.59.070, during
the life of the bonds proposed to be issued. [1985 c 390 § 69;
1975-’76 2nd ex.s. c 107 § 9.]
28B.59.050
Severability—1975-’76 2nd ex.s. c 107: See note following RCW
28B.59.010.
28B.59.060 Payment of the principal and interest on
bonds. The 1975 community college capital construction
bond retirement fund in the state treasury shall be used for the
purpose of the payment of the principal of and interest on the
bonds authorized to be issued pursuant to this chapter.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and interest coming due on such
bonds. On July 1st of each such year the state treasurer shall
withdraw from any general state revenues received in the
state treasury and deposit in the 1975 community college
capital construction bond retirement fund, an amount equal to
the amount certified by the state finance committee. [1975’76 2nd ex.s. c 107 § 6.]
28B.59.060
Severability—1975-’76 2nd ex.s. c 107: See note following RCW
28B.59.010.
28B.59.080
28B.59.090
Severability—1975-’76 2nd ex.s. c 107: See note following RCW
28B.59.010.
Chapter 28B.59B RCW
1977 COMMUNITY COLLEGE CAPITAL
PROJECTS BOND ACT
Chapter 28B.59B
Sections
28B.59B.010 Purpose—Bonds authorized—Amount—Conditions.
28B.59B.020 Bond anticipation notes—Authorized—Bond proceeds to
apply to payment on.
28B.59B.030 Form, terms, conditions, sale, redemption and covenants of
bonds and notes—Pledge of state’s credit.
28B.59B.040 Disposition of proceeds from sale of bonds and notes.
28B.59B.050 Administration of proceeds from bonds and notes.
28B.59B.060 Payment of the principal and interest on bonds and notes.
28B.59B.070 Moneys to be transferred from community college account to
state general fund.
28B.59B.080 Bonds as legal investment for public funds.
28B.59B.090 Prerequisite to bond issuance.
28 B .5 9 B. 01 0 Pu r po se —B ond s a ut horiz e d —
Amount—Conditions. For the purpose of financing the
construction, reconstruction, erection, equipping, maintenance, demolition and major alteration of buildings and other
capital assets owned by the *state board for community college education in the name of the state of Washington, and
the acquisition of sites, rights-of-way, easements, improvements or appurtenances in relation thereto as determined by
the legislature in its capital appropriations act, the state
finance committee is authorized to issue general obligation
bonds of the state of Washington in the sum of seven million
five hundred thousand dollars, or so much thereof as may be
required to finance such projects, and all costs incidental
thereto. No bonds authorized by this chapter shall be offered
for sale without prior legislative appropriation, and these
bonds shall be paid and discharged within thirty years of the
date of issuance in accordance with Article VIII, section 1 of
the state Constitution. [1977 ex.s. c 346 § 1.]
28B.59B.010
Severability—1975-’76 2nd ex.s. c 107: See note following RCW
28B.59.010.
28B.59.070 Moneys to be transferred from community college account to state general fund—Limitation.
On or before June 30th of each year, the college board shall
accumulate in the community college capital projects account
from building fees and other moneys deposited therein, an
amount at least equal to the amount required in the next succeeding twelve months for the payment of principal of and
interest on the bonds issued pursuant to this chapter. On July
1st of each such year, the state treasurer shall withdraw said
sum from the community college capital projects account and
deposit said sum in the state general fund: PROVIDED, That
withdrawal of building fees from the community college capital projects account for deposit into the general fund pursuant to the provisions of this section shall be made only after
provision has first been made for the payment in full of the
principal of and interest on all outstanding building, limited
obligation bonds of the college board coming due in the
twelve months next succeeding July 1st of each such year,
and for any reserve account deposits necessary for such outstanding bonds in the same period. [1985 c 390 § 68; 1975’76 2nd ex.s. c 107 § 7.]
28B.59.070
(2008 Ed.)
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Severability—1977 ex.s. c 346: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1977 ex.s. c 346 § 11.]
[Title 28B RCW—page 183]
28B.59B.020
Title 28B RCW: Higher Education
28B.59B.020 Bond anticipation notes—Authorized—Bond proceeds to apply to payment on. When the
state finance committee has determined to issue such general
obligation bonds, or a portion thereof, it may, pending the
issuance thereof, issue in the name of the state temporary
notes in anticipation of the issuance of such bonds, which
notes shall be designated as "bond anticipation notes". Such
portion of the proceeds of the sale of such bonds as may be
required for the payment of principal of and redemption premium, if any, and interest on such notes shall be applied
thereto when such bonds are issued. [1977 ex.s. c 346 § 2.]
28B.59B.020
Seve ra bi li ty—1 977 e x.s. c 346 : Se e no te fo llo wing R CW
28B.59B.010.
28B.59B.030 Form, terms, conditions, sale, redemption and covenants of bonds and notes—Pledge of state’s
credit. The state finance committee is authorized to determine the aggregate amounts, dates, form, terms, conditions,
denominations, interest rates, maturities, rights and manner
of redemption prior to maturity, registration privileges,
place(s) of payment and covenants of such bonds and/or the
bond anticipation notes, the time or times of sale of all or any
portion of them, and the conditions and manner of their sale,
issuance and redemption.
Each such bond and bond anticipation note shall state
that it is a general obligation of the state of Washington, shall
contain a pledge of the full faith and credit of the state to the
payment of the principal thereof and the interest thereon, and
shall contain the state’s unconditional promise to pay such
principal and interest as the same shall become due. [1977
ex.s. c 346 § 3.]
28B.59B.030
Seve ra bi li ty—1 977 e x.s. c 346 : Se e no te fo llo wing R CW
28B.59B.010.
28B.59B.040 Disposition of proceeds from sale of
bonds and notes. The proceeds from the sale of the bonds
and/or bond anticipation notes authorized in this chapter,
together with all grants, donations, transferred funds and all
other moneys which the state finance committee or the college board may direct the state treasurer to deposit therein,
shall be deposited in the 1975 community college capital
construction account in the state general fund: PROVIDED,
That such portion of the proceeds of the sale of such bonds as
may be required for the payment of the principal of and interest on any outstanding bond anticipation notes, together with
accrued interest on the bonds received from the purchasers
upon their delivery, shall be deposited in the 1975 community college capital construction bond retirement fund. [1977
ex.s. c 346 § 4.]
28B.59B.040
Seve ra bi li ty—1 977 e x.s. c 346 : Se e no te fo llo wing R CW
28B.59B.010.
1975 Community college capital construction account—Created—Use:
RCW 28B.57.050.
1975 Community college capital construction bond retirement fund—Created—Purpose: RCW 28B.57.070.
28B.59B.050 Administration of proceeds from bonds
and notes. Subject to legislative appropriation, all principal
proceeds of the bonds and/or bond anticipation notes authorized in this chapter shall be administered by the college
board exclusively for the purposes specified in this chapter
28B.59B.050
[Title 28B RCW—page 184]
and for the payment of the expenses incurred in connection
with their sale and issuance. [1977 ex.s. c 346 § 5.]
Seve ra bili ty— 1977 e x.s. c 346 : Se e no te fo llo wing R CW
28B.59B.010.
28B.59B.060 Payment of the principal and interest
on bonds and notes. The 1975 community college capital
construction bond retirement fund in the state treasury shall
be used for the purpose of the payment of the principal of and
redemption premium, if any, and interest on the bonds and/or
the bond anticipation notes authorized to be issued pursuant
to this chapter.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and interest coming due on such
bonds. Not less than thirty days prior to the date on which any
interest or principal and interest payment is due, the state
treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the 1975 community college capital construction bond retirement fund an
amount equal to the amount certified by the state finance
committee to be due on such payment date. [1977 ex.s. c 346
§ 6.]
28B.59B.060
Seve ra bili ty— 1977 e x.s. c 346 : Se e no te fo llo wing R CW
28B.59B.010.
28B.59B.070 Moneys to be transferred from community college account to state general fund. On or before
June 30th of each year, the college board shall accumulate in
the community college capital projects account from building
fees and other moneys deposited therein, an amount at least
equal to the amount required in the next succeeding twelve
months for the payment of principal of and interest on the
bonds issued pursuant to this chapter. Not less than thirty
days prior to the date on which any such interest or principal
and interest payment is due, the state treasurer shall withdraw
said sum from the community college capital projects
account and deposit said sum in the state general fund. [1985
c 390 § 70; 1977 ex.s. c 346 § 7.]
28B.59B.070
Seve ra bili ty— 1977 e x.s. c 346 : Se e no te fo llo wing R CW
28B.59B.010.
28B.59B.080 Bonds as legal investment for public
funds. The bonds authorized in this chapter shall constitute a
legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1977 ex.s. c
346 § 8.]
28B.59B.080
Seve ra bili ty— 1977 e x.s. c 346 : Se e no te fo llo wing R CW
28B.59B.010.
28B.59B.090 Prerequisite to bond issuance. The
bonds authorized in this chapter shall be issued only after the
college board has certified to the state finance committee that
its anticipated general tuition fee revenue shall be adequate,
based upon reasonable projections of student enrollments, for
the college board to meet the requirements of RCW
28B.59B.070 during the life of the bonds proposed to be
issued. [1977 ex.s. c 346 § 9.]
28B.59B.090
Seve ra bili ty— 1977 e x.s. c 346 : Se e no te fo llo wing R CW
28B.59B.010.
(2008 Ed.)
1979 Community College Capital Projects Bond Act
Chapter 28B.59C RCW
1979 COMMUNITY COLLEGE CAPITAL
PROJECTS BOND ACT
Chapter 28B.59C
Sections
28B.59C.010 Purpose—Bonds authorized—Amount—Conditions.
28B.59C.020 Bond anticipation notes—Authorized—Bond proceeds to
apply to payment on.
28B.59C.030 Form, terms, conditions, sale, redemption and covenants of
bonds and notes—Pledge of state’s credit.
28B.59C.040 Disposition of proceeds from sale of bonds and notes.
28B.59C.050 Administration of proceeds from bonds and notes.
28B.59C.060 Payment of principal and interest on bonds and notes.
28B.59C.070 Moneys to be transferred from community college account to
state general fund.
28B.59C.080 Bonds as legal investment for public funds.
28 B.59 C.0 10 P ur po se —Bo nds a utho r ized —
Amount—Conditions. For the purpose of financing the
construction, reconstruction, erection, equipping, maintenance, demolition, and major alteration of buildings and
other capital assets owned by the *state board for community
college education in the name of the state of Washington, and
the acquisition of sites, rights-of-way, easements, improvements, or appurtenances in relation thereto as determined by
the legislature in its capital appropriations act, the state
finance committee is authorized to issue general obligation
bonds of the state of Washington in the sum of twenty-four
million dollars, or so much thereof as may be required, to
finance such projects, and all costs incidental thereto. No
bonds authorized by this chapter shall be offered for sale
without prior legislative appropriation, and these bonds shall
be paid and discharged within thirty years of the date of issuance in accordance with Article VIII, section 1 of the state
Constitution. [1979 ex.s. c 226 § 1.]
28B.59C.010
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Effective date—1979 ex.s. c 226: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the
state government and its existing public institutions, and shall take effect
immediately [June 15, 1979]." [1979 ex.s. c 226 § 13.]
Severability—1979 ex.s. c 226: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 226 § 12.]
28B.59C.020 Bond anticipation notes—Authorized—Bond proceeds to apply to payment on. When the
state finance committee has determined to issue the general
obligation bonds, or a portion thereof, it may, pending the
issuance thereof, issue in the name of the state temporary
notes in anticipation of the issuance of the bonds, which notes
shall be designated as "bond anticipation notes". Such portion
of the proceeds of the sale of the bonds as may be required for
the payment of principal of and redemption premium, if any,
and interest on the notes shall be applied thereto when the
bonds are issued. [1979 ex.s. c 226 § 2.]
28B.59C.020
Effective date—Severability—1979 ex.s. c 226: See notes following
RCW 28B.59C.010.
28B.59C.030 Form, terms, conditions, sale, redemption and covenants of bonds and notes—Pledge of state’s
credit. The state finance committee is authorized to determine the aggregate amounts, dates, form, terms, conditions,
28B.59C.030
(2008 Ed.)
28B.59C.060
denominations, interest rates, maturities, rights and manner
of redemption prior to maturity, registration privileges,
place(s) of payment and covenants of the bonds and/or the
bond anticipation notes, the time or times of sale of all or any
portion of them, and the conditions and manner of their sale,
issuance, and redemption.
Each bond and bond anticipation note shall state that it is
a general obligation of the state of Washington, shall contain
a pledge of the full faith and credit of the state to the payment
of the principal thereof and the interest thereon, and shall
contain the state’s unconditional promise to pay the principal
and interest as the same shall become due. [1979 ex.s. c 226
§ 3.]
Effective date—Severability—1979 ex.s. c 226: See notes following
RCW 28B.59C.010.
28B.59C.040 Disposition of proceeds from sale of
bonds and notes. The proceeds from the sale of the bonds
and/or bond anticipation notes authorized in this chapter,
together with all grants, donations, transferred funds, and all
other moneys which the state finance committee or the college board may direct the state treasurer to deposit therein,
shall be deposited in the 1975 community college capital
construction account in the state general fund: PROVIDED,
That such portion of the proceeds of the sale of the bonds as
may be required for the payment of the principal of and interest on any outstanding bond anticipation notes, together with
accrued interest and premium, if any, on the bonds received
from the purchasers upon their delivery, shall be deposited in
the 1975 community college capital construction bond retirement fund. [1979 ex.s. c 226 § 4.]
28B.59C.040
Effective date—Severability—1979 ex.s. c 226: See notes following
RCW 28B.59C.010.
28B.59C.050 Administration of proceeds from bonds
and notes. Subject to legislative appropriation, all principal
proceeds of the bonds and/or bond anticipation notes authorized in this chapter shall be administered by the college
board exclusively for the purposes specified in this chapter
and for the payment of the expenses incurred in connection
with their sale and issuance. [1979 ex.s. c 226 § 5.]
28B.59C.050
Effective date—Severability—1979 ex.s. c 226: See notes following
RCW 28B.59C.010.
28B.59C.060 Payment of principal and interest on
bonds and notes. The 1975 community college capital construction bond retirement fund in the state treasury shall be
used for the purpose of the payment of the principal of and
redemption premium, if any, and interest on the bonds and/or
the bond anticipation notes authorized to be issued under this
chapter.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and interest coming due on the bonds.
Not less than thirty days prior to the date on which any interest or principal and interest payment is due, the state treasurer
shall withdraw from any general state revenues received in
the state treasury and deposit in the 1975 community college
capital construction bond retirement fund an amount equal to
28B.59C.060
[Title 28B RCW—page 185]
28B.59C.070
Title 28B RCW: Higher Education
the amount certified by the state finance committee to be due
on the payment date. [1979 ex.s. c 226 § 6.]
Effective date—Severability—1979 ex.s. c 226: See notes following
RCW 28B.59C.010.
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Severability—1981 c 237: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1981 c 237 § 8.]
28B.59C.070 Moneys to be transferred from community college account to state general fund. On or before
June 30th of each year, the college board shall accumulate in
the community college capital projects account from building
fees and other moneys deposited therein, an amount at least
equal to the amount required in the next succeeding twelve
months for the payment of principal of and interest on the
bonds issued under this chapter. Not less than thirty days
prior to the date on which any interest or principal and interest payment is due, the state treasurer shall withdraw the sum
from the community college capital projects account and
deposit the sum in the state general fund. [1985 c 390 § 71;
1979 ex.s. c 226 § 7.]
28B.59C.070
Effective date—Severability—1979 ex.s. c 226: See notes following
RCW 28B.59C.010.
28B.59C.080 Bonds as legal investment for public
funds. The bonds authorized in this chapter shall constitute a
legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1979 ex.s. c
226 § 8.]
28B.59C.080
28B.59D.020 Bonds to pledge credit of state, promise
to pay. Each bond shall state that it is a general obligation of
the state of Washington, shall contain a pledge of the full
faith and credit of the state to the payment of the principal
thereof and the interest thereon, and shall contain the state’s
unconditional promise to pay the principal and interest as the
same shall become due. [1981 c 237 § 2.]
28B.59D.020
Severability—1981 c 237: See note following RCW 28B.59D.010.
28B.59D.030 Disposition of proceeds from sale of
bonds. The proceeds from the sale of the bonds authorized in
RCW 28B.59D.010 through 28B.59D.070, together with all
grants, donations, transferred funds, and all other moneys
which the state finance committee or the college board may
direct the state treasurer to deposit therein, shall be deposited
in the 1975 community college capital construction account
in the state general fund. [1981 c 237 § 3.]
28B.59D.030
Severability—1981 c 237: See note following RCW 28B.59D.010.
28B.59D.040 Administration and expenditure of proceeds from sale of bonds—Condition. Subject to legislative appropriation, all principal proceeds of the bonds authorized in RCW 28B.59D.010 through 28B.59D.070 shall be
administered by the college board exclusively for the purposes specified in RCW 28B.59D.010 through 28B.59D.070
and for the payment of the expenses incurred in connection
with their sale and issuance. [1981 c 237 § 4.]
28B.59D.040
Effective date—Severability—1979 ex.s. c 226: See notes following
RCW 28B.59C.010.
Chapter 28B.59D
Chapter 28B.59D RCW
1981 COMMUNITY COLLEGE CAPITAL
PROJECTS BOND ACT
Sections
28B.59D.010
28B.59D.020
28B.59D.030
28B.59D.040
Purpose—Bonds authorized—Amount—Condition.
Bonds to pledge credit of state, promise to pay.
Disposition of proceeds from sale of bonds.
Administration and expenditure of proceeds from sale of
bonds—Condition.
28B.59D.050 Existing fund utilized for payment of principal and interest—
Committee and treasurer’s duties.
28B.59D.060 Transfer of account moneys to general fund—College board
and treasurer’s duties.
28B.59D.070 Bonds as legal investment for public funds.
28 B.59 D.0 10 P ur po se —Bo nds a utho r ized —
Amount—Condition. For the purpose of financing the construction, reconstruction, erection, equipping, maintenance,
demolition, and major alteration of buildings and other capital assets owned by the *state board for community college
education in the name of the state of Washington, and the
acquisition of sites, rights-of-way, easements, improvements,
or appurtenances in relation thereto as determined by the legislature in its capital appropriations act, the state finance
committee is authorized to issue general obligation bonds of
the state of Washington in the sum of seven million three
hundred thousand dollars, or so much thereof as may be
required, to finance such projects, and all costs incidental
thereto. No bonds authorized by RCW 28B.59D.010 through
28B.59D.070 may be offered for sale without prior legislative appropriation. [1981 c 237 § 1.]
28B.59D.010
[Title 28B RCW—page 186]
Severability—1981 c 237: See note following RCW 28B.59D.010.
28B.59D.050 Existing fund utilized for payment of
principal and interest—Committee and treasurer’s
duties. The 1975 community college capital construction
bond retirement fund in the state treasury shall be used for the
purpose of the payment of the principal of and redemption
premium, if any, and interest on the bonds authorized to be
issued under RCW 28B.59D.010 through 28B.59D.070.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and interest coming due on the bonds.
Not less than thirty days prior to the date on which any interest or principal and interest payment is due, the state treasurer
shall withdraw from any general state revenues received in
the state treasury and deposit in the 1975 community college
capital construction bond retirement fund an amount equal to
the amount certified by the state finance committee to be due
on the payment date. [1981 c 237 § 5.]
28B.59D.050
Severability—1981 c 237: See note following RCW 28B.59D.010.
28B.59D.060 Transfer of account moneys to general
fund—College board and treasurer’s duties. (1) On or
before June 30th of each year, the college board shall accumulate in the community college capital projects account
28B.59D.060
(2008 Ed.)
Commercial Activities by Institutions of Higher Education
from building fees and other moneys deposited therein, to the
extent the fees and moneys are available, an amount at least
equal to the amount required in the next succeeding twelve
months for the payment of principal of and interest on the
bonds issued under RCW 28B.59D.010 through
28B.59D.070. Not less than thirty days prior to the date on
which any interest or principal and interest payment is due,
the state treasurer shall withdraw this amount, to the extent
available, from the community college capital projects
account and deposit it in the state general fund.
(2) The state treasurer shall make withdrawals from the
community college capital projects account for deposit in the
general fund of amounts equal to debt service payments on
state general obligation bonds issued for community college
purposes pursuant to Title 28B RCW only to the extent that
funds are or become actually available in the account from
time to time. Any unpaid debt service payments shall be a
continuing obligation against the community college capital
projects account until paid. Beginning with the 1979-1981
biennium, the *state board for community college education
need not accumulate any specific amount in the community
college capital projects account for purposes of these withdrawals by the state treasurer. [1985 c 390 § 72; 1981 c 237
§ 6.]
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Severability—1981 c 237: See note following RCW 28B.59D.010.
28B.59D.070 Bonds as legal investment for public
funds. The bonds authorized in RCW 28B.59D.010 through
28B.59D.060 shall constitute a legal investment for all state
funds or for funds under state control and all funds of municipal corporations. [1981 c 237 § 7.]
28B.59D.070
Severability—1981 c 237: See note following RCW 28B.59D.010.
Chapter 28B.63 RCW
COMMERCIAL ACTIVITIES BY INSTITUTIONS
OF HIGHER EDUCATION
Chapter 28B.63
Sections
28B.63.010 Intent.
28B.63.020 Definitions.
28B.63.030 Development of policies and mechanisms for defining and
reviewing commercial activities.
28B.63.040 Criteria for developing policies.
28B.63.050 Programs and activities exempt from chapter.
28B.63.010 Intent. The primary mission of institutions
of higher education is the creation and dissemination of
knowledge. Institutions of higher education must be mindful
that in providing goods and services for fees, they may be
competing with local private businesses.
It is the intent of the legislature to require institutions of
higher education to define the legitimate purposes under
which commercial activities may be approved, and to establish a mechanism for review of such activities. [1987 c 97 §
1.]
28B.63.010
28B.63.020 Definitions. For the purposes of this chap28B.63.020
ter:
(2008 Ed.)
28B.63.050
(1) "Institutions of higher education" or "institutions"
mean those institutions as defined in RCW 28B.10.016(4).
(2) "Commercial activity" means an activity which provides a product or service for a fee which could be obtained
from a commercial source.
(3) "Fees" means any fees or charges imposed for goods,
services, or facilities. [1987 c 97 § 2.]
28B.63.030 Development of policies and mechanisms
for defining and reviewing commercial activities. Institutions of higher education in consultation with local business
organizations and representatives of the small business community are required to develop:
(1) Comprehensive policies that define the legitimate
purposes under which the institutions shall provide goods,
services, or facilities that are practically available from private businesses;
(2) A mechanism for reviewing current and proposed
commercial activities to ensure that activities are consistent
with institutional policies; and
(3) A mechanism for receiving, reviewing, and responding to enquiries from private businesses about commercial
activities carried on by institutions of higher education.
[1987 c 97 § 3.]
28B.63.030
28B.63.040 Criteria for developing policies. (1) The
following criteria shall be considered in developing policies
in regard to providing goods, services, or facilities to persons
other than students, faculty, staff, patients, and invited guests:
(a) The goods, services, or facilities represent a resource
which is substantially and directly related to the institution’s
instructional, research, or public service mission, which is not
practically available in the private marketplace and for which
there is a demand from the external community.
(b) Fees charged for the goods, services, or facilities
shall take into account the full direct and indirect costs, overhead, and the price of such items in the private marketplace.
(2) The following criteria shall be considered in developing policies in regard to providing goods, services, or facilities to students, faculty, staff, patients, and invited guests:
(a) The goods, services, or facilities are substantially and
directly related to the institution’s instructional, research, or
public service mission.
(b) Provision of the goods, services, or facilities on campus represents a special convenience to and supports the campus community, or facilitates extracurricular, public service,
or on-campus residential life.
(c) Fees charged for the goods, services, or facilities
shall take into account the full direct and indirect costs,
including overhead.
(d) The adequacy of security procedures to ensure that
the goods, services, or facilities are provided only to persons
who are students, faculty, staff, patients, or invited guests.
[1987 c 97 § 4.]
28B.63.040
28B.63.050 Programs and activities exempt from
chapter. This chapter shall not apply to the initiation of or
changes in academic or vocational programs of instruction in
the institutions’ regular, extension, evening, or continuing
education programs, or the fees therefor, fees for services
28B.63.050
[Title 28B RCW—page 187]
Chapter 28B.65
Title 28B RCW: Higher Education
provided in the practicum aspects of instruction, or research
programs, and in extracurricular or residential life programs,
including residence halls, food services, athletic and recreational programs, and performing arts programs. [1987 c 97
§ 5.]
Chapter 28B.65 RCW
HIGH-TECHNOLOGY EDUCATION AND TRAINING
Chapter 28B.65
Sections
28B.65.010 Legislative findings.
28B.65.020 Definitions.
28B.65.030 Washington state high-technology education and training program established—Goals.
28B.65.040 Washington high-technology coordinating board created—
Members—Travel expenses.
28B.65.050 Board—Duties—Rules—Termination of board.
28B.65.060 Board—Staff support.
28B.65.070 Board—Solicitation of private and federal support, gifts, conveyances, etc.
28B.65.080 Consortium and baccalaureate degree training programs—
Board recommendations—Requirements—Coordination.
28B.65.090 Masters and doctorate level degrees in technology at University of Washington authorized.
28B.65.095 Washington technology center at University of Washington.
28B.65.100 Masters and doctorate level degrees in technology at Washington State University authorized.
28B.65.110 Statewide off-campus telecommunications system—Establishment by Washington State University for education in
high-technology fields.
28B.65.900 Short title—1983 1st ex.s. c 72.
28B.65.905 Effective date—1983 1st ex.s. c 72.
28B.65.010 Legislative findings. The legislature finds
28B.65.010
that:
(1) A coordinated state policy is needed to stimulate the
education and training of individuals in high-technology
fields, in order to improve productivity, strengthen the state’s
competitive position, and reindustrialize declining areas;
(2) The Washington high-technology education and
training program will give persons from all backgrounds
opportunities to pursue training and education programs leading to baccalaureate and graduate degrees consistent with
present and future needs of high-technology industries;
(3) Incentives to stimulate increased collaboration
between community colleges, regional universities, and the
state universities and private-sector industrial, commercial,
and labor interests are essential to the development of a pool
of skilled high-technology workers; and
(4) Investment in education is the most feasible method
for state assistance to the high-technology industry. [1983
1st ex.s. c 72 § 2.]
28B.65.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Board" means the high-technology coordinating
board.
(2) "High technology" or "technology" includes but is
not limited to the modernization, miniaturization, integration,
and computerization of electronic, hydraulic, pneumatic,
laser, mechanical, robotics, nuclear, chemical, telecommunication, and other technological applications to enhance productivity in areas including but not limited to manufacturing,
communications, medicine, bioengineering, and commerce.
[1983 1st ex.s. c 72 § 3.]
28B.65.020
[Title 28B RCW—page 188]
28B.65.030 Washington state high-technology education and training program established—Goals. A Washington state high-technology education and training program
is hereby established. The program shall be designed to:
(1) Develop the competence needed to make Washington state a leader in high-technology fields, to increase the
productivity of state industries, and to improve the state’s
competitiveness in regional, national, and international trade;
(2) Develop degree programs to enable students to be
productive in new and emerging high-technology fields by
using the resources of the state’s two-year community colleges, regional universities, the University of Washington,
Washington State University, and The Evergreen State College; and
(3) Provide industries in the state with a highly-skilled
workforce capable of producing, operating, and servicing the
advancing technology needed to modernize the state’s industries and to revitalize the state’s economy. [1983 1st ex.s. c
72 § 4.]
28B.65.030
28B.65.040 Washington high-technology coordinating board created—Members—Travel expenses. (1) The
Washington high-technology coordinating board is hereby
created.
(2) The board shall be composed of eighteen members as
follows:
(a) Eleven shall be citizen members appointed by the
governor, with the consent of the senate, for four-year terms.
In making the appointments the governor shall ensure that a
balanced geographic representation of the state is achieved
and shall attempt to choose persons experienced in high-technology fields, including at least one representative of labor.
Any person appointed to fill a vacancy occurring before a
term expires shall be appointed only for the remainder of that
term; and
(b) Seven of the members shall be as follows: One representative from each of the state’s two research universities,
one representative of the state college and regional universities, the director for the state system of community and technical colleges or the director’s designee, the superintendent
of public instruction or the superintendent’s designee, a representative of the higher education coordinating board, and
the director of the department of community, trade, and economic development or the director’s designee.
(3) Members of the board shall not receive any salary for
their services, but shall be reimbursed for travel expenses
under RCW 43.03.050 and 43.03.060 for each day actually
spent in attending to duties as a member of the board.
(4) A citizen member of the board shall not be, during
the term of office, a member of the governing board of any
public or private educational institution, or an employee of
any state or local agency. [1995 c 399 § 29. Prior: 1985 c
381 § 1; 1985 c 370 § 86; 1984 c 66 § 1; 1983 1st ex.s. c 72 §
5.]
28B.65.040
28B.65.050 Board—Duties—Rules—Termination of
board. (1) The board shall oversee, coordinate, and evaluate
the high-technology programs.
(2) The board shall:
(a) Determine the specific high-technology occupational
fields in which technical training is needed and advise the
28B.65.050
(2008 Ed.)
High-Technology Education and Training
institutions of higher education and the higher education
coordinating board on their findings;
(b) Identify economic areas and high-technology industries in need of technical training and research and development critical to economic development and advise the institutions of higher education and the higher education coordinating board on their findings;
(c) Oversee and coordinate the Washington high-technology education and training program to ensure high standards, efficiency, and effectiveness;
(d) Work cooperatively with the superintendent of public
instruction to identify the skills prerequisite to the high-technology programs in the institutions of higher education;
(e) Work cooperatively with and provide any information or advice which may be requested by the higher education coordinating board during the board’s review of new
baccalaureate degree program proposals which are submitted
under this chapter. Nothing in this chapter shall be construed
as altering or superseding the powers or prerogatives of the
higher education coordinating board over the review of new
degree programs as established in *section 6(2) of this 1985
act;
(f) Work cooperatively with the department of community, trade, and economic development to identify the hightechnology education and training needs of existing Washington businesses and businesses with the potential to locate
in Washington;
(g) Work towards increasing private sector participation
and contributions in Washington high-technology programs;
(h) Identify and evaluate the effectiveness of state sponsored research related to high technology; and
(i) Establish and maintain a plan, including priorities, to
guide high-technology program development in public institutions of higher education, which plan shall include an
assessment of current high-technology programs, steps to
increase existing programs, new initiatives and programs
necessary to promote high technology, and methods to coordinate and target high-technology programs to changing market opportunities in business and industry.
(3) The board may adopt rules under chapter 34.05 RCW
as it deems necessary to carry out the purposes of this chapter.
(4) The board shall cease to exist on June 30, 1987,
unless extended by law for an additional fixed period of time.
[1998 c 245 § 22; 1995 c 399 § 30. Prior: 1985 c 381 § 2;
1985 c 370 § 87; 1983 1st ex.s. c 72 § 6.]
*Reviser’s note: A literal translation of "section 6(2) of this 1985 act"
would be RCW 28B.80.350(2), however, material relating to new degree
programs is found in RCW 28B.80.340. RCW 28B.80.340 was subsequently repealed by 2004 c 275 § 75.
28B.65.060 Board—Staff support. Staff support for
the high-technology coordinating board shall be provided by
the department of community, trade, and economic development. [1995 c 399 § 31; 1985 c 381 § 3; 1983 1st ex.s. c 72 §
7.]
28B.65.060
28B.65.070 Board—Solicitation of private and federal support, gifts, conveyances, etc. The board may solicit
gifts, grants, conveyances, bequests and devises, whether real
or personal property, or both, in trust or otherwise, to be
28B.65.900
directed to institutions of higher education for the use or benefit of the high-technology education and training program.
The board shall actively solicit support from business and
industry and from the federal government for the high-technology education program. [1983 1st ex.s. c 72 § 8.]
28B.65.080 Consortium and baccalaureate degree
training programs—Board recommendations—Requirements—Coordination. (1) The high-technology coordinating board shall make recommendations regarding:
(a) The establishment of regional consortiums for the
establishment and development of high-technology education and training;
(b) The establishment of baccalaureate degree training
programs in high-technology fields; and
(c) The offering of high-technology education and training programs at both community college facilities and at state
colleges and regional universities.
(2) If the program is approved, the first two years of the
baccalaureate degree program offered by the respective state
colleges and regional universities at community college facilities shall be administered and operated by the respective
community colleges. The third and fourth years of the baccalaureate degree program offered at the community college
facilities shall be administered and operated by the respective
state colleges and regional universities. Each community college participating in the program shall offer two-year associate degrees in high-technology fields which shall be transferrable to and accepted by the state colleges and regional universities.
(3) The high-technology coordinating board shall oversee and coordinate the operation of the consortiums.
(4) Any such consortiums shall be implemented upon
approval by the high-technology coordinating board: PROVIDED, That if the fiscal impact of any program recommendations exceeds existing resources plus the two hundred fifty
thousand dollars appropriated in section 15, chapter 72, Laws
of 1983 1st ex. sess., such programs shall require legislative
approval. [1983 1st ex.s. c 72 § 9.]
28B.65.080
28B.65.090 Masters and doctorate level degrees in
technology at University of Washington authorized. See
RCW 28B.20.280.
28B.65.090
28B.65.095 Washington technology center at University of Washington. See RCW 28B.20.285.
28B.65.095
28B.65.100 Masters and doctorate level degrees in
technology at Washington State University authorized.
See RCW 28B.30.500.
28B.65.100
28B.65.110 Statewide off-campus telecommunications system—Establishment by Washington State University for education in high-technology fields. See RCW
28B.30.520.
28B.65.110
28B.65.070
(2008 Ed.)
28B.65.900 Short title—1983 1st ex.s. c 72. This act
may be known and cited as the Washington high-technology
education and training act. [1983 1st ex.s. c 72 § 1.]
28B.65.900
[Title 28B RCW—page 189]
28B.65.905
Title 28B RCW: Higher Education
28B.65.905 Effective date—1983 1st ex.s. c 72. This
act is necessary for the immediate preservation of the public
peace, health, and safety, the support of the state government
and its existing public institutions, and shall take effect July
1, 1983. [1983 1st ex.s. c 72 § 18.]
28B.65.905
Chapter 28B.67 RCW
CUSTOMIZED EMPLOYMENT TRAINING
Chapter 28B.67
Sections
28B.67.005 Findings—Intent.
28B.67.010 Definitions.
28B.67.020 Customized training program created—Applications—Criteria—Rules.
28B.67.030 Employment training finance account.
28B.67.900 Construction.
28B.67.901 Severability—2006 c 112.
28B.67.902 Expiration date—2006 c 112 §§ 1-4 and 8.
28B.67.005 Findings—Intent. (Expires July 1, 2012.)
The legislature finds that the provision of customized training
is critical to attracting and retaining businesses, and that the
growth of many businesses is limited by an unmet need for
customized training. The legislature also finds that workforce training not only helps business, it also improves the
quality of life for workers and communities. Because of the
statewide public benefit to be gained from instituting a customized training program, the legislature intends to create a
new program to fund workforce training in a manner that
reduces the up-front costs of training to new and expanding
firms. [2006 c 112 § 1.]
28B.67.005
28B.67.010 Definitions. (Expires July 1, 2012.) The
definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Board" means the state board for community and
technical colleges.
(2) "Costs of training" and "training costs" means the
direct costs experienced under a contract with a qualified
training institution for formal technical or skill training,
including basic skills. "Costs of training" includes amounts
in the contract for costs of instruction, materials, equipment,
rental of class space, marketing, and overhead. "Costs of
training" does not include employee tuition reimbursements
unless the tuition reimbursement is specifically included in a
contract.
(3) "Participant" means a private employer that, under
this chapter, undertakes a training program with a qualified
training institution.
(4) "Qualified training institution" means a public community or technical college or a private vocational school
licensed by either the workforce training and education coordinating board or the higher education coordinating board.
(5) "Training allowance" and "allowance" means a
voucher, credit, or payment from the board to a participant to
cover training costs.
(6) "Training program" means a program funded under
this chapter at a qualified training institution. [2006 c 112 §
2.]
28B.67.010
(1) The Washington customized employment training program is hereby created to provide training assistance to
employers locating or expanding in the state.
(2)(a) Application to receive funding under this program
shall be made to the board in a form and manner as specified
by the board. Successful applicants shall receive a training
allowance from the board to cover the costs of training at a
qualified training institution. Employers may not receive an
allowance for training costs which exceed the maximum
annual training cost per employee, as established by the
board, and are not eligible to receive an allowance or allowances of over five hundred thousand dollars per calendar
year.
(b) Allowances shall be granted for applicants who meet
the following criteria:
(i) The employer must have entered into an agreement
with a qualified training institution to engage in customized
training and the employer must agree to: (A) Upon completion of the training, make a payment to the employment training finance account created in RCW 28B.67.030 in an
amount equal to one-quarter of the amount of the training
allowance; and (B) over the subsequent eighteen months,
make monthly or quarterly payments, as specified in the
agreement, to the employment training finance account created in RCW 28B.67.030 in an amount equal to three-quarters of the amount of the training allowance. The payments
into the employment training finance account provided for in
this section do not constitute payment to the institution.
(ii) The employer must ensure that the number of
employees an employer has in the state during the calendar
year following the completion of the training program will
equal the number of employees the employer had in the state
in the calendar year preceding the start of the training program plus seventy-five percent of the number of trainees.
The agreement with the qualified training institution provided for in (b)(i) of this subsection shall specify terms for
reimbursement or additional payment to the employment
training finance account by the employer if the employment
criterion of this subsection is not met.
(iii) The training grant may not be used to train workers
who have been hired as a result of a strike or lockout.
(c) Preference shall be given to employers with fewer
than fifty employees.
(3) Qualified training institutions may enter into agreements with four-year institutions of higher education, as
defined in RCW 28B.10.016, in accordance with the interlocal cooperation act, chapter 39.34 RCW.
(4) The board and qualified training institutions may
solicit and receive gifts, grants, funds, fees, and endowments,
in trust or otherwise, from tribal, local, federal, or other governmental entities, as well as private sources, for the purpose
of providing training allowances under chapter 112, Laws of
2006. All revenue thus solicited and received shall be deposited into the employment training finance account created in
RCW 28B.67.030.
(5) The board may adopt rules to implement this section.
[2006 c 112 § 3.]
28B.67.030 Employment training finance account.
(Expires July 1, 2012.) (1) All payments received from a
participant in the Washington customized employment train28B.67.030
28B.67.020 Customized training program created—
Applications—Criteria—Rules. (Expires July 1, 2012.)
28B.67.020
[Title 28B RCW—page 190]
(2008 Ed.)
Western Regional Higher Education Compact
ing program created in RCW 28B.67.020 shall be deposited
into the employment training finance account, which is
hereby created in the custody of the state treasurer. Only the
state board for community and technical colleges may authorize expenditures from the account and no appropriation is
required for expenditures. The money in the account must be
used solely for training allowances under the Washington
customized employment training program created in RCW
28B.67.020. The deposit of payments under this section from
a participant shall cease when the board specifies that the participant has met the monetary obligations of the program.
(2) All revenue solicited and received under the provisions of RCW 28B.67.020(4) shall be deposited into the
employment training finance account to provide training
allowances.
(3) The definitions in RCW 28B.67.010 apply to this
section. [2006 c 112 § 8.]
Reviser’s note: 2006 c 112 directed that this section be added to chapter 28B.50 RCW, but codification in chapter 28B.67 RCW appears to be
more appropriate.
28B.67.900 Construction. (Expires July 1, 2012.)
This chapter, being necessary for the welfare of the state and
its inhabitants, shall be liberally construed to effect its purposes. Insofar as the provisions of this chapter are inconsistent with the provisions of any general or special law, or parts
thereof, the provisions of this chapter shall be controlling.
[2006 c 112 § 4.]
28B.67.900
28B.67.901 Severability—2006 c 112. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2006 c 112 § 9.]
28B.67.901
28B.67.902 Expiration date—2006 c 112 §§ 1-4 and
8. Sections 1 through 4 and 8 of this act expire July 1, 2012.
[2006 c 112 § 11.]
28B.67.902
Chapter 28B.70
Chapter 28B.70 RCW
WESTERN REGIONAL HIGHER
EDUCATION COMPACT
Sections
28B.70.010
28B.70.020
28B.70.030
28B.70.040
28B.70.050
Ratification of compact.
Terms and provisions of compact.
Formal ratification.
Appointment, removal of commissioners.
Exemption from nonresident tuition fees differential.
Board to coordinate state participation within student exchange compact
programs: RCW 28B.76.640 through 28B.76.650.
28B.70.010 Ratification of compact. The western
regional higher education compact, recommended by the
western governors’ conference on November 10, 1950, for
adoption by the states or territories of Arizona, California,
Colorado, Idaho, Montana, Nevada, New Mexico, Oregon,
Utah, Washington, Wyoming, Alaska and Hawaii, is hereby
ratified and approved and the adherence of this state to the
provisions of this compact, upon its ratification and approval
by any four or more of such states or territories in addition to
28B.70.010
(2008 Ed.)
28B.70.020
this state, is hereby declared. [1969 ex.s. c 223 § 28B.70.010.
Prior: 1955 c 214 § 1. Formerly RCW 28.82.010.]
28B.70.020 Terms and provisions of compact. The
terms and provisions of the compact referred to in RCW
28B.70.010 are as follows:
28B.70.020
WESTERN REGIONAL
HIGHER EDUCATION COMPACT
Article I
WHEREAS, The future of this Nation and of the Western States is dependent upon the quality of the education of
its youth; and
WHEREAS, Many of the Western States individually do
not have sufficient numbers of potential students to warrant
the establishment and maintenance within their borders of
adequate facilities in all the essential fields of technical, professional and graduate training, nor do all of the states have
the financial ability to furnish within their borders institutions
capable of providing acceptable standards of training in all of
the fields mentioned above; and
WHEREAS, It is believed that the Western States, or
group of such states within the Region, cooperatively can
provide acceptable and efficient educational facilities to meet
the needs of the Region and of the students thereof;
NOW, THEREFORE, The States of Arizona, California,
Colorado, Idaho, Montana, Nevada, New Mexico, Oregon,
Utah, Washington and Wyoming, and the Territories of
Alaska and Hawaii, do hereby covenant and agree as follows:
Article II
Each of the compacting states and territories pledge to
each of the other compacting states and territories faithful
cooperation in carrying out all the purposes of this compact.
Article III
The compacting states and territories hereby create the
Western Interstate Commission for Higher Education, hereinafter called the Commission. Said Commission shall be a
body corporate of each compacting state and territory and an
agency thereof. The Commission shall have all the powers
and duties set forth herein, including the power to sue and be
sued, and such additional powers as may be conferred upon it
by subsequent action of the respective legislatures of the
compacting states and territories.
Article IV
The Commission shall consist of three resident members
from each compacting state or territory. At all times one commissioner from each compacting state or territory shall be an
educator engaged in the field of higher education in the state
or territory from which he is appointed.
The commissioners from each state and territory shall be
appointed by the governor thereof as provided by law in such
state or territory. Any commissioner may be removed or suspended from office as provided by the law of the state or territory from which he shall have been appointed.
The term of each commissioner shall be four years:
PROVIDED, HOWEVER, That the first three commissioners shall be appointed as follows: one for two years, one for
[Title 28B RCW—page 191]
28B.70.020
Title 28B RCW: Higher Education
three years, and one for four years. Each commissioner shall
hold office until his successor shall be appointed and qualified. If any office becomes vacant for any reason, the governor shall appoint a commissioner to fill the office for the
remainder of the unexpired term.
Article V
Any business transacted at any meeting of the Commission must be by affirmative vote of a majority of the whole
number of compacting states and territories.
One or more commissioners from a majority of the compacting states and territories shall constitute a quorum for the
transaction of business.
Each compacting state and territory represented at any
meeting of the Commission is entitled to one vote.
Article VI
The Commission shall elect from its number a chairman
and a vice-chairman, and may appoint, and at its pleasure dismiss or remove, such officers, agents and employees as may
be required to carry out the purpose of this compact; and shall
fix and determine their duties, qualifications and compensation, having due regard for the importance of the responsibilities involved.
The commissioners shall serve without compensation,
but shall be reimbursed for their actual and necessary
expenses from the funds of the Commission.
Article VII
The Commission shall adopt a seal and bylaws and shall
adopt and promulgate rules and regulations for its management and control.
The Commission may elect such committees as it deems
necessary for the carrying out of its functions.
The Commission shall establish and maintain an office
within one of the compacting states for the transaction of its
business and may meet at any time, but in any event must
meet at least once a year. The chairman may call such additional meetings and upon the request of a majority of the
commissioners of three or more compacting states or territories shall call additional meetings.
The Commission shall submit a budget to the governor
of each compacting state and territory at such time and for
such period as may be required.
The Commission shall, after negotiations with interested
institutions, determine the cost of providing the facilities for
graduate and professional education for use in its contractual
agreements throughout the Region.
On or before the fifteenth day of January of each year,
the Commission shall submit to the governors and legislatures of the compacting states and territories a report of its
activities for the preceding calendar year.
The Commission shall keep accurate books of account,
showing in full its receipts and disbursements, and said books
of account shall be open at any reasonable time for inspection
by the governor of any compacting state or territory or his
designated representative. The Commission shall not be subject to the audit and accounting procedure of any of the compacting states or territories. The Commission shall provide
for an independent annual audit.
[Title 28B RCW—page 192]
Article VIII
It shall be the duty of the Commission to enter into such
contractual agreements with any institutions in the Region
offering graduate or professional education and with any of
the compacting states or territories as may be required in the
judgment of the Commission to provide adequate services
and facilities of graduate and professional education for the
citizens of the respective compacting states or territories. The
Commission shall first endeavor to provide adequate services
and facilities in the fields of dentistry, medicine, public
health and veterinary medicine, and may undertake similar
activities in other professional and graduate fields.
For this purpose the Commission may enter into contractual agreements
(a) with the governing authority of any educational institution in the Region, or with any compacting state or territory
to provide such graduate or professional educational services
upon terms and conditions to be agreed upon between contracting parties and
(b) with the governing authority of any educational institution in the Region or with any compacting state or territory
to assist in the placement of graduate or professional students
in educational institutions in the Region providing the desired
services and facilities, upon such terms and conditions as the
Commission may prescribe.
It shall be the duty of the Commission to undertake studies of needs for professional and graduate educational facilities in the Region, the resources of meeting such needs, and
the long-range effects of the compact on higher education;
and from time to time prepare comprehensive reports on such
research for presentation to the Western Governors’ Conference and to the legislatures of the compacting states and territories. In conducting such studies, the Commission may
confer with any national or regional planning body which
may be established. The Commission shall draft and recommend to the governors of the various compacting states and
territories, uniform legislation dealing with problems of
higher education in the Region.
For the purposes of this compact the word "Region" shall
be construed to mean the geographical limits of the several
compacting states and territories.
Article IX
The operating costs of the Commission shall be apportioned equally among the compacting states and territories.
Article X
This compact shall become operative and binding immediately as to those states and territories adopting it whenever
five or more of the states or territories of Arizona, California,
Colorado, Idaho, Montana, Nevada, New Mexico, Oregon,
Utah, Washington, Wyoming, Alaska and Hawaii have duly
adopted it prior to July 1, 1955. This compact shall become
effective as to any additional states or territories thereafter at
the time of such adoption.
Article XI
This compact may be terminated at any time by consent
of a majority of the compacting states or territories. Consent
shall be manifested by passage and signature in the usual
(2008 Ed.)
Higher Education Coordinating Board
manner of legislation expressing such consent by the legislature and governor of such terminating state. Any state or territory may at any time withdraw from this compact by means
of appropriate legislation to that end. Such withdrawal shall
not become effective until two years after written notice
thereof by the governor of the withdrawing state or territory
accompanied by a certified copy of the requisite legislative
action is received by the Commission. Such withdrawal shall
not relieve the withdrawing state or territory from its obligations hereunder accruing prior to the effective date of withdrawal. The withdrawing state or territory may rescind its
action of withdrawal at any time within the two-year period.
Thereafter the withdrawing state or territory may be reinstated by application to and the approval by a majority vote of
the Commission.
Article XII
If any compacting state or territory shall at any time
default in the performance of any of its obligations assumed
or imposed in accordance with the provisions of this compact, all rights, privileges and benefits conferred by this compact or agreements hereunder, shall be suspended from the
effective date of such default as fixed by the commission.
Unless such default shall be remedied within a period of
two years following the effective date of such default, this
compact may be terminated with respect to such defaulting
state or territory by affirmative vote of three-fourths of the
other member states or territories.
Any such defaulting state may be reinstated by (a) performing all acts and obligations upon which it has heretofore
defaulted, and (b) application to and the approval by a majority vote of the Commission. [1969 ex.s. c 223 § 28B.70.020.
Prior: 1955 c 214 § 2. Formerly RCW 28.82.020.]
28B.70.030
28B.70.030 Formal ratification. Upon ratification and
approval of the western regional higher education compact
by any four or more of the specified states or territories in
addition to this state, the governor of this state is authorized
and directed to execute said compact on behalf of this state
and to perform any other acts which may be deemed requisite
to its formal ratification and promulgation. [1969 ex.s. c 223
§ 28B.70.030. Prior: 1955 c 214 § 3. Formerly RCW
28.82.030.]
28B.70.040
28B.70.040 Appointment, removal of commissioners.
(1) The governor shall appoint the members, for this state, of
the Western Interstate Commission for Higher Education,
which is created under the provisions of Article III of the
western regional higher education compact.
(2) The qualifications and terms of office of the members
of the commission for this state shall conform with the provisions of Article IV of said compact.
(3) The commissioners shall serve without compensation
and they shall be reimbursed for their actual and necessary
expenses by the Western Interstate Commission for Higher
Education.
(4) The governor may remove a member of the commission in conformity with the provisions of RCW 43.06.070,
43.06.080 and 43.06.090. [1981 c 338 § 14; 1969 ex.s. c 223
(2008 Ed.)
Chapter 28B.76
§ 28B.70.040. Prior: 1955 c 214 § 4. Formerly RCW
28.82.040.]
28B.70.050 Exemption from nonresident tuition fees
differential. When said compact becomes operative the governing board of each institution of higher education in this
state, to the extent necessary to conform with the terms of the
contractual agreement, subject to the limitations of RCW
28B.15.910, may exempt from payment all or a portion of the
nonresident tuition fees differential, any student admitted to
such institution under the terms of a contractual agreement
entered into with the commission in accord with the provisions of Article VIII(a) of the compact. [1993 sp.s. c 18 § 33;
1992 c 231 § 30; 1969 ex.s. c 223 § 28B.70.050. Prior: 1955
c 214 § 5. Formerly RCW 28.82.050.]
28B.70.050
Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Chapter 28B.76 RCW
HIGHER EDUCATION COORDINATING BOARD
Chapter 28B.76
Sections
PART I - GENERAL PROVISIONS
28B.76.010
28B.76.020
28B.76.030
28B.76.040
28B.76.050
28B.76.060
28B.76.070
28B.76.080
28B.76.090
28B.76.100
28B.76.110
28B.76.120
Board created.
Definitions.
Purpose.
Members—Appointment.
Members—Terms.
Members—Vacancies.
Bylaws—Meetings.
Members—Compensation and travel expenses.
Director—Duties—Board use of state agencies.
Advisory council.
Board as state commission for federal law purposes.
Adoption of rules.
PART II - POLICY AND PLANNING
28B.76.200
Statewide strategic master plan for higher education—Institution-level strategic plans.
28B.76.210 Budget priorities and levels of funding—Guidelines for institutions—Review and evaluation of budget requests—Recommendations.
28B.76.230 Needs assessment process and analysis—Activities requiring
board approval.
28B.76.2301 Outcomes and performance measures resulting from chapter
258, Laws of 2005—Report to legislature.
28B.76.240 Statewide transfer and articulation policies.
28B.76.2401 Statewide transfer of credit policy and agreement—Requirements.
28B.76.250 Transfer associate degrees—Work groups—Implementation—Progress reports.
28B.76.260 Statewide system of course equivalency—Work group.
28B.76.270 Accountability monitoring and reporting system—Institution
biennial plans and performance targets—Biennial reports
to the legislature.
28B.76.280 Data collection and research—Research advisory group—
Privacy protection.
28B.76.290 Coordination of activities with segments of higher education.
28B.76.300 State support received by students—Information.
28B.76.310 Development of methods and protocols for measuring educational costs—Schedule of educational cost study reports.
28B.76.320 Board to transmit amounts constituting approved educational
costs.
28B.76.330 Coordination, articulation, and transitions among systems of
education—Biennial updates to legislature.
28B.76.335 Teacher preparation degree programs in mathematics, science, and technology—Needs assessment.
PART III - EDUCATION SERVICES ADMINISTRATION
28B.76.500
28B.76.505
28B.76.510
Student financial aid programs, board to administer.
Scholarship endowment programs—Administration of
funds.
Board to administer certain federal programs.
[Title 28B RCW—page 193]
28B.76.010
28B.76.520
28B.76.525
28B.76.530
28B.76.540
28B.76.550
28B.76.555
28B.76.560
28B.76.565
28B.76.570
28B.76.575
28B.76.580
28B.76.585
28B.76.590
28B.76.600
28B.76.605
28B.76.610
28B.76.615
28B.76.620
28B.76.625
28B.76.630
28B.76.640
28B.76.645
28B.76.650
28B.76.660
28B.76.665
28B.76.670
28B.76.680
28B.76.685
28B.76.690
Title 28B RCW: Higher Education
Federal funds, private gifts or grants, board to administer.
State financial aid account.
Board may develop and administer demonstration projects.
Administrative responsibilities.
Distinguished professorship trust fund program—"Private
donation" defined.
Distinguished professorship trust fund program—Intent.
Distinguished professorship trust fund program—Establishment—Administration.
Distinguished professorship trust fund program—Trust fund
established.
Distinguished professorship trust fund program—Guidelines—Allocation system.
Distinguished professorship trust fund program—Matching
funds—Donations or appropriations—Disbursement of
funds.
Distinguished professorship trust fund program—Name of
professorship—Duties of institution—Use of endowment
proceeds.
Distinguished professorship trust fund program—Moneys
not subject to collective bargaining.
Distinguished professorship trust fund program—Continuation of program established under prior law.
Graduate fellowship trust fund program—Intent.
Graduate fellowship trust fund program—Establishment—
Administration.
Graduate fellowship trust fund—Matching funds.
Graduate fellowship trust fund program—Guidelines—Allocation system.
Graduate fellowship trust fund program—Matching funds—
Donations—Disbursement of funds.
Graduate fellowship trust fund program—Name of fellowship—Duties of institution—Use of endowment proceeds.
Graduate fellowship trust fund program—Moneys not subject to collective bargaining.
Board to coordinate state participation within student
exchange compact programs—Designate certifying
officer.
Board to coordinate state participation within student
exchange compact programs—Criteria—Washington
interstate commission on higher education professional
student exchange program trust fund.
Board to coordinate state participation within student
exchange compact programs—Advice to governor, legislature.
Washington scholars award and Washington scholars-alternate award.
Washington scholars award waivers or grants—Transfers
between colleges and universities.
Washington award for vocational excellence—Grants—Definitions.
Border county higher education opportunity project—Findings—Intent.
Border county higher education opportunity project—Created.
Border county higher education opportunity project—
Administration.
Health sciences and services authorities application process: RCW
35.104.040.
PART I - GENERAL PROVISIONS
28B.76.010 Board created. There is hereby created the
Washington higher education coordinating board. [1985 c
370 § 1. Formerly RCW 28B.80.300.]
28B.76.010
28B.76.020 Definitions. For the purposes of this chap28B.76.020
28B.76.030 Purpose. The purpose of the board is to:
(1) Develop a statewide strategic master plan for higher
education and continually monitor state and institution
progress in meeting the vision, goals, priorities, and strategies
articulated in the plan;
(2) Based on objective data analysis, develop and recommend statewide policies to enhance the availability, quality,
efficiency, and accountability of public higher education in
Washington state;
(3) Administer state and federal financial aid and other
education services programs in a cost-effective manner;
(4) Serve as an advocate on behalf of students and the
overall system of higher education to the governor, the legislature, and the public;
(5) Represent the broad public interest above the interests of the individual colleges and universities; and
(6) Coordinate with the governing boards of the two and
four-year institutions of higher education, the state board for
community and technical colleges, the workforce training
and education coordinating board, and the superintendent of
public instruction to create a seamless system of public education for the citizens of Washington state geared toward student success. [2004 c 275 § 1.]
28B.76.030
Part headings not law—2004 c 275: "Part headings used in this act are
not part of the law." [2004 c 275 § 80.]
28B.76.040 Members—Appointment. The board
shall consist of ten members, one of whom shall be a student,
who are representative of the public, including women and
the racial minority community. All members shall be
appointed at large by the governor and approved by the senate. Following the term of the chair serving on June 13, 2002,
the board shall select from its membership a chair and a vicechair who shall each serve a one-year term. The chair and
vice-chair may serve more than one term if selected to do so
by the membership. [2002 c 348 § 1; 2002 c 129 § 1; 1985 c
370 § 10. Formerly RCW 28B.80.390.]
28B.76.040
Reviser’s note: This section was amended by 2002 c 129 § 1 and by
2002 c 348 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
28B.76.050 Members—Terms. The members of the
board, except the student member, shall serve for terms of
four years, the terms expiring on June 30th of the fourth year
of the term. The student member shall hold his or her office
for a term of one year beginning on the first day of July.
[2007 c 458 § 101; 2004 c 275 § 3; 2002 c 129 § 2; 1985 c 370
§ 11. Formerly RCW 28B.80.400.]
28B.76.050
Part headings not law—2007 c 458: "Part headings used in this act are
not any part of the law." [2007 c 458 § 301.]
ter:
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
(1) "Board" means the higher education coordinating
board; and
(2) "Four-year institutions" means the University of
Washington, Washington State University, Central Washington University, Eastern Washington University, Western
Washington University, and The Evergreen State College.
[1985 c 370 § 2. Formerly RCW 28B.80.310.]
28B.76.060 Members—Vacancies. Any vacancies
among board members shall be filled by the governor subject
to confirmation by the senate then in session, or if not in session, at the next session. Board members appointed under this
section shall have full authority to act as such prior to the time
the senate acts on their confirmation. Appointments to fill
[Title 28B RCW—page 194]
28B.76.060
(2008 Ed.)
Higher Education Coordinating Board
vacancies shall be only for such terms as remain unexpired.
[1985 c 370 § 12. Formerly RCW 28B.80.410.]
28B.76.070
28B.76.070 Bylaws—Meetings. The board shall adopt
bylaws and shall meet at least four times each year and at
such other times as determined by the chair who shall give
reasonable prior notice to the members.
Board members are expected to consistently attend
board meetings. The chair of the board may ask the governor
to remove any member who misses more than two meetings
in any calendar year without cause. [1985 c 370 § 13. Formerly RCW 28B.80.420.]
28B.76.080
28B.76.080 Members—Compensation and travel
expenses. Members of the board shall be compensated in
accordance with RCW 43.03.240 and shall receive travel
expenses in accordance with RCW 43.03.050 and 43.03.060.
[1985 c 370 § 16; 1984 c 287 § 65; 1975-’76 2nd ex.s. c 34 §
77; 1969 ex.s. c 277 § 12. Formerly RCW 28B.80.110,
28.89.110.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115.
28B.76.090
28B.76.090 Director—Duties—Board use of state
agencies. The board shall employ a director and may delegate agency management to the director. The director shall
serve at the pleasure of the board, shall be the executive
officer of the board, and shall, under the board’s supervision,
administer the provisions of this chapter. The executive
director shall, with the approval of the board: (1) Employ
necessary deputy and assistant directors and other exempt
staff under chapter 41.06 RCW who shall serve at his or her
pleasure on such terms and conditions as he or she determines
and (2) subject to the provisions of chapter 41.06 RCW,
appoint and employ such other employees as may be required
for the proper discharge of the functions of the board. The
executive director shall exercise such additional powers,
other than rule making, as may be delegated by the board by
resolution. In fulfilling the duties under this chapter, the
board shall make extensive use of those state agencies with
responsibility for implementing and supporting postsecondary education plans and policies including but not limited to
appropriate legislative groups, the postsecondary education
institutions, the office of financial management, the workforce training and education coordinating board, the state
board for community and technical colleges, and the office of
the superintendent of public instruction. Outside consulting
and service agencies may also be employed. The board may
compensate these groups and consultants in appropriate
ways. [2007 c 458 § 102; 2004 c 275 § 4; 1987 c 330 § 301;
1985 c 370 § 14. Formerly RCW 28B.80.430.]
Part headings not law—2007 c 458: See note following RCW
28B.76.050.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
(2008 Ed.)
28B.76.120
28B.76.100
28B.76.100 Advisory council. (1) The board shall
establish an advisory council consisting of: A representative
of the superintendent of public instruction; a representative of
the state board of education appointed by the state board of
education; a representative of the two-year system of the state
board for community and technical colleges appointed by the
state board for community and technical colleges; a representative of the workforce training and education coordinating
board appointed by the workforce training and education
coordinating board; one representative of the research universities appointed by the president of the University of Washington and the president of Washington State University; a
representative of the regional universities and The Evergreen
State College appointed through a process developed by the
council of presidents; a representative of the faculty for the
four-year institutions appointed by the council of faculty representatives; a representative of the proprietary schools
appointed by the federation of private career schools and colleges; a representative of the independent colleges appointed
by the independent colleges of Washington; and a faculty
member in the community and technical college system
appointed by the state board for community and technical
colleges in consultation with the faculty unions.
(2) The members of the advisory council shall each serve
a two-year term.
(3) The board shall meet with the advisory council at
least quarterly and shall seek advice from the council regarding the board’s discharge of its statutory responsibilities.
[2007 c 458 § 103; 2004 c 275 § 2; 1985 c 370 § 9. Formerly
RCW 28B.80.380.]
Part headings not law—2007 c 458: See note following RCW
28B.76.050.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.76.110
28B.76.110 Board as state commission for federal
law purposes. The higher education coordinating board is
designated as the state commission as provided for in Section
1202 of the education amendments of 1972 (Public Law 92318), as now or hereafter amended; and shall perform such
functions as is necessary to comply with federal directives
pertaining to the provisions of such law. [2004 c 275 § 5;
1985 c 370 § 20; 1975 1st ex.s. c 132 § 9. Formerly RCW
28B.80.200.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Effective date—1975 1st ex.s. c 132: "This 1975 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1975." [1975 1st ex.s. c 132 § 19.]
Severability—1975 1st ex.s. c 132: "If any provision of this 1975
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975 1st ex.s. c 132 § 18.]
28B.76.120
28B.76.120 Adoption of rules. The board shall have
authority to adopt rules as necessary to implement this chapter. [1985 c 370 § 8. Formerly RCW 28B.80.370.]
[Title 28B RCW—page 195]
28B.76.200
Title 28B RCW: Higher Education
PART II - POLICY AND PLANNING
28B.76.200 Statewide strategic master plan for
higher education—Institution-level strategic plans. (1)
The board shall develop a statewide strategic master plan for
higher education that proposes a vision and identifies measurable goals and priorities for the system of higher education
in Washington state for a ten-year time period. The board
shall update the statewide strategic master plan every four
years. The plan shall address the goals of: (a) Expanding
access; (b) using methods of educational delivery that are
efficient, cost-effective, and productive to deliver modern
educational programs; and (c) using performance measures to
gauge the effectiveness of the state’s progress towards meeting its higher education goals. The plan shall encompass all
sectors of higher education, including the two-year system,
workforce training, the four-year institutions, and financial
aid. The board shall also specify strategies for expanding
access, affordability, quality, efficiency, and accountability
among the various institutions of higher education.
(2) In developing the statewide strategic master plan for
higher education, the board shall collaborate with the fouryear institutions of higher education including the council of
presidents, the community and technical college system, and,
when appropriate, the workforce training and education coordinating board, the superintendent of public instruction, the
independent higher education institutions, the business sector, and labor. The board shall identify and utilize models of
regional planning and decision making before initiating a
statewide planning process. The board shall also seek input
from students, faculty organizations, community and business leaders in the state, members of the legislature, and the
governor.
(3) As a foundation for the statewide strategic master
plan for higher education, the board shall review role and
mission statements for each of the four-year institutions of
higher education and the community and technical college
system. The purpose of the review is to ensure institutional
roles and missions are aligned with the overall state vision
and priorities for higher education.
(4) In assessing needs of the state’s higher education system, the board should encourage partnerships, embrace innovation, and consider, analyze, and make recommendations
concerning the following information:
(a) Demographic, social, economic, and technological
trends and their impact on service delivery for a twenty-year
horizon;
(b) The changing ethnic composition of the population
and the special needs arising from those trends;
(c) Business and industrial needs for a skilled workforce;
(d) College attendance, retention, transfer, graduation,
and dropout rates;
(e) Needs and demands for basic and continuing education and opportunities for lifelong learning by individuals of
all age groups;
(f) Needs and demands for nontraditional populations
including, but not limited to, adult learners; and
(g) Needs and demands for access to higher education by
placebound students and individuals in heavily populated
areas underserved by public institutions.
28B.76.200
[Title 28B RCW—page 196]
(5) The statewide strategic master plan for higher education shall include, but not be limited to, the following access
and educational delivery items:
(a) Recommendations based on enrollment forecasts and
analysis of data about demand for higher education, and policies and actions to meet the goal of expanding access;
(b) State and regional priorities for new or expanded
degree programs or off-campus programs, including what
models of service delivery may be most cost-effective;
(c) Recommended policies or actions to improve the efficiency of student transfer and graduation or completion;
(d) State and regional priorities for addressing needs in
high-demand fields where enrollment access is limited and
employers are experiencing difficulty finding enough qualified graduates to fill job openings;
(e) Recommended tuition and fees policies and levels;
and
(f) Priorities and recommendations including increased
transparency on financial aid.
(6) The board shall present the vision, goals, priorities,
and strategies in the statewide strategic master plan for higher
education in a way that provides guidance for institutions, the
governor, and the legislature to make further decisions
regarding institution-level plans, policies, legislation, and
operating and capital funding for higher education. In the
statewide strategic master plan for higher education, the
board shall recommend specific actions to be taken and identify measurable performance indicators and benchmarks for
gauging progress toward achieving the goals and priorities.
(7) Every four years by December 15th, beginning
December 15, 2007, the board shall submit an update of the
ten-year statewide strategic master plan for higher education
to the governor and the legislature. The updated plan shall
reflect the expectations and policy directions of the legislative higher education and fiscal committees, and shall provide a timely and relevant framework for the development of
future budgets and policy proposals. The legislature shall, by
concurrent resolution, approve or recommend changes to the
updated plan, following public hearings. The board shall
submit the final plan, incorporating legislative changes, to the
governor and the legislature by June of the year in which the
legislature approves the concurrent resolution. The plan shall
then become state higher education policy unless legislation
is enacted to alter the policies set forth in the plan. The board
shall report annually to the governor and the legislature on
the progress being made by the institutions of higher education and the state to implement the strategic master plan.
(8) Each four-year institution shall develop an institution-level ten-year strategic plan that implements the vision,
goals, priorities, and strategies within the statewide strategic
master plan for higher education based on the institution’s
role and mission. Institutional strategic plans shall encourage
partnerships, embrace innovation, and contain measurable
performance indicators and benchmarks for gauging progress
toward achieving the goals and priorities with attention given
to the goals and strategies of increased access and program
delivery methods. The board shall review the institutionlevel plans to ensure the plans are aligned with and implement the statewide strategic master plan for higher education
and shall periodically monitor institutions’ progress toward
achieving the goals and priorities within their plans.
(2008 Ed.)
Higher Education Coordinating Board
(9) The board shall also review the comprehensive master plan prepared by the state board for community and technical colleges for the community and technical college system under RCW 28B.50.090 to ensure the plan is aligned
with and implements the statewide strategic master plan for
higher education. [2007 c 458 § 201; 2004 c 275 § 6; 2003 c
130 § 2. Formerly RCW 28B.80.345.]
Part headings not law—2007 c 458: See note following RCW
28B.76.050.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Findings—Intent—2003 c 130: See note following RCW 28B.76.210.
28B.76.210 Budget priorities and levels of funding—
Guidelines for institutions—Review and evaluation of
budget requests—Recommendations. (1) The board shall
collaborate with the four-year institutions including the council of presidents, the community and technical college system, and when appropriate the workforce training and education coordinating board, the superintendent of public instruction, and the independent higher educational institutions to
identify budget priorities and levels of funding for higher
education, including the two and four-year institutions of
higher education and state financial aid programs. It is the
intent of the legislature that recommendations from the board
reflect not merely the sum of budget requests from multiple
institutions, but prioritized funding needs for the overall system of higher education.
(2) By December of each odd-numbered year, the board
shall distribute guidelines which outline the board’s fiscal
priorities to the institutions and the state board for community and technical colleges.
(a) The institutions and the state board for community
and technical colleges shall submit an outline of their proposed operating budgets to the board no later than July 1st of
each even-numbered year. Pursuant to guidelines developed
by the board, operating budget outlines submitted by the
institutions and the state board for community and technical
colleges after January 1, 2007, shall include all policy
changes and enhancements that will be requested by the institutions and the state board for community and technical colleges in their respective biennial budget requests. Operating
budget outlines shall include a description of each policy
enhancement, the dollar amount requested, and the fund
source being requested.
(b) Capital budget outlines for the two-year institutions
shall be submitted by August 15th of each even-numbered
year, and shall include the prioritized ranking of the capital
projects being requested, a description of each capital project,
and the amount and fund source being requested.
(c) Capital budget outlines for the four-year institutions
must be submitted by August 15th of each even-numbered
year, and must include: The institutions’ priority ranking of
the project; the capital budget category within which the
project will be submitted to the office of financial management in accordance with RCW 43.88D.010; a description of
each capital project; and the amount and fund source being
requested.
(d) The office of financial management shall reference
these reporting requirements in its budget instructions.
28B.76.210
(2008 Ed.)
28B.76.210
(3) The board shall review and evaluate the operating
and capital budget requests from four-year institutions and
the community and technical college system based on how
the requests align with the board’s budget priorities, the missions of the institutions, and the statewide strategic master
plan for higher education under RCW 28B.76.200.
(4) The board shall submit recommendations on the proposed operating budget and priorities to the office of financial management by October 1st of each even-numbered
year, and to the legislature by January 1st of each odd-numbered year. The board’s capital budget recommendations for
the community and technical college system and the fouryear institutions must be submitted to the office of financial
management by November 15th of each even-numbered year
and to the legislature by January 1st of each odd-numbered
year. The board’s recommendations for the four-year institutions must include the relative share of the higher education
capital budget that the board recommends be assigned to each
project category, as defined in RCW 43.88D.010, and to
minor works program and preservation.
(5) Institutions and the state board for community and
technical colleges shall submit any supplemental budget
requests and revisions to the board at the same time they are
submitted to the office of financial management. The board
shall submit recommendations on the proposed supplemental
budget requests to the office of financial management by
November 1st and to the legislature by January 1st. [2008 c
205 § 4; 2007 c 458 § 202; 2004 c 275 § 7; 2003 c 130 § 3;
1997 c 369 § 10; 1996 c 174 § 1; 1993 c 363 § 6; 1985 c 370
§ 4. Formerly RCW 28B.80.330.]
Findings—Intent—2008 c 205: See RCW 43.88D.005.
Part headings not law—2007 c 458: See note following RCW
28B.76.050.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Findings—Intent—2003 c 130: "(1) The legislature finds that:
(a) At the time the higher education coordinating board was created in
1985, the legislature wanted a board with a comprehensive mission that
included planning, budget and program review authority, and program
administration;
(b) Since its creation, the board has achieved numerous accomplishments, including proposals leading to creation of the branch campus system,
and has made access and affordability of higher education a consistent priority;
(c) However, higher education in Washington state is currently at a
crossroads. Demographic, economic, and technological changes present
new and daunting challenges for the state and its institutions of higher education. As the state looks forward to the future, the legislature, the governor,
and institutions need a common strategic vision to guide planning and decision making.
(2) Therefore, it is the legislature’s intent to reaffirm and strengthen the
strategic planning role of the higher education coordinating board. It is also
the legislature’s intent to examine options for reassigning or altering other
roles and responsibilities to enable the board to place priority and focus on
planning and coordination." [2003 c 130 § 1.]
Findings—1993 c 363: "The legislature finds a need to redefine the
relationship between the state and its postsecondary education institutions
through a compact based on trust, evidence, and a new alignment of responsibilities. As the proportion of the state budget dedicated to postsecondary
education programs has continued to decrease and the opportunity for this
state’s citizens to participate in such programs also has declined, the state
institutions of higher education have increasingly less flexibility to respond
to emerging challenges through innovative management and programming.
The legislature finds that this state has not provided its institutions of higher
education with the ability to effectively achieve statewide goals and objectives to increase access to, improve the quality of, and enhance the accountability for its postsecondary education system.
[Title 28B RCW—page 197]
28B.76.230
Title 28B RCW: Higher Education
Therefore, the legislature declares that the policy of the state of Washington is to create an environment in which the state institutions of higher
education have the authority and flexibility to enhance attainment of statewide goals and objectives for the state’s postsecondary education system
through decisions and actions at the local level. The policy shall have the
following attributes:
(1) The accomplishment of equitable and adequate enrollment by significantly raising enrollment lids, adequately funding those increases, and
providing sufficient financial aid for the neediest students;
(2) The development and use of a new definition of quality measured
by effective operations and clear results; the efficient use of funds to achieve
well-educated students;
(3) The attainment of a new resource management relationship that
removes the state from micromanagement, allows institutions greater management autonomy to focus resources on essential functions, and encourages
innovation; and
(4) The development of a system of coordinated planning and sufficient feedback to assure policymakers and citizens that students are succeeding and resources are being prudently deployed." [1993 c 363 § 1.]
Effective date—1993 c 363: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 363 § 7.]
Industrial project of statewide significance—Defined: RCW 43.157.010.
28B.76.230 Needs assessment process and analysis—
Activities requiring board approval. (1) The board shall
develop a comprehensive and ongoing assessment process to
analyze the need for additional degrees and programs, additional off-campus centers and locations for degree programs,
and consolidation or elimination of programs by the fouryear institutions.
(2) As part of the needs assessment process, the board
shall examine:
(a) Projections of student, employer, and community
demand for education and degrees, including liberal arts
degrees, on a regional and statewide basis;
(b) Current and projected degree programs and enrollment at public and private institutions of higher education, by
location and mode of service delivery; and
(c) Data from the workforce training and education coordinating board and the state board for community and technical colleges on the supply and demand for workforce education and certificates and associate degrees.
(3) Every two years the board shall produce, jointly with
the state board for community and technical colleges and the
workforce training and education coordinating board, an
assessment of the number and type of higher education and
training credentials required to match employer demand for a
skilled and educated workforce. The assessment shall
include the number of forecasted net job openings at each
level of higher education and training and the number of credentials needed to match the forecast of net job openings.
(4) The board shall determine whether certain major
lines of study or types of degrees, including applied degrees
or research-oriented degrees, shall be assigned uniquely to
some institutions or institutional sectors in order to create
centers of excellence that focus resources and expertise.
(5) The following activities are subject to approval by
the board:
(a) New degree programs by a four-year institution;
(b) Creation of any off-campus program by a four-year
institution;
(c) Purchase or lease of major off-campus facilities by a
four-year institution or a community or technical college;
28B.76.230
[Title 28B RCW—page 198]
(d) Creation of higher education centers and consortia;
(e) New degree programs and creation of off-campus
programs by an independent college or university in collaboration with a community or technical college; and
(f) Applied baccalaureate degree programs developed by
colleges under RCW 28B.50.810.
(6) Institutions seeking board approval under this section
must demonstrate that the proposal is justified by the needs
assessment developed under this section. Institutions must
also demonstrate how the proposals align with or implement
the statewide strategic master plan for higher education under
RCW 28B.76.200.
(7) The board shall develop clear guidelines and objective decision-making criteria regarding approval of proposals
under this section, which must include review and consultation with the institution and other interested agencies and
individuals.
(8) The board shall periodically recommend consolidation or elimination of programs at the four-year institutions,
based on the needs assessment analysis. [2005 c 258 § 11;
2004 c 275 § 9.]
Findings—Intent—2005 c 258: See note following RCW 28B.45.014.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.76.2301 Outcomes and performance measures
resulting from chapter 258, Laws of 2005—Report to legislature. (Expires July 1, 2009.) (1) The higher education
coordinating board shall define potential outcomes resulting
from chapter 258, Laws of 2005 and develop performance
measures for those outcomes, including but not limited to
increased numbers of baccalaureate degrees awarded; expansion of upper division and graduate capacity at the University
of Washington Bothell and Tacoma and Washington State
University Tri-Cities and Vancouver; enhanced regional
access to baccalaureate programs; and creation and award of
applied baccalaureate degrees. The board shall provide a
progress report on the outcomes to the higher education committees of the senate and the house of representatives by
December 1, 2008.
(2) This section expires July 1, 2009. [2005 c 258 § 14.]
28B.76.2301
Findings—Intent—2005 c 258: See note following RCW 28B.45.014.
28B.76.240 Statewide transfer and articulation policies. The board shall adopt statewide transfer and articulation policies that ensure efficient transfer of credits and
courses across public two and four-year institutions of higher
education. The intent of the policies is to create a statewide
system of articulation and alignment between two and fouryear institutions. Policies may address but are not limited to
creation of a statewide system of course equivalency, creation of transfer associate degrees, statewide articulation
agreements, applicability of technical courses toward baccalaureate degrees, and other issues. The institutions of higher
education and the state board for community and technical
colleges shall cooperate with the board in developing the
statewide policies and shall provide support and staff
resources as necessary to assist in maintaining the policies.
The board shall submit a progress report to the higher education committees of the senate and house of representatives by
28B.76.240
(2008 Ed.)
Higher Education Coordinating Board
December 1, 2006, by which time the legislature expects
measurable improvement in alignment and transfer efficiency. [2004 c 275 § 10; 1998 c 245 § 23; 1985 c 370 § 27;
1983 c 304 § 1. Formerly RCW 28B.80.280.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.76.2401
28B.76.2401 Statewide transfer of credit policy and agreement—
Requirements. The statewide transfer of credit policy and agreement must
be designed to facilitate the transfer of students and the evaluation of transcripts, to better serve persons seeking information about courses and programs, to aid in academic planning, and to improve the review and evaluation of academic programs in the state institutions of higher education. The
statewide transfer of credit policy and agreement must not require or encourage the standardization of course content or prescribe course content or the
credit value assigned by any institution to the course. Policies adopted by
public four-year institutions concerning the transfer of lower division credit
must treat students transferring from public community colleges the same as
students transferring from public four-year institutions. [2004 c 55 § 5; 1983
c 304 § 2. Formerly RCW 28B.80.290.]
Reviser’s note: RCW 28B.80.290 was repealed by 2004 c 275 § 75
without cognizance of its amendment by 2004 c 55 § 5; and subsequently
recodified as RCW 28B.76.2401 by the code reviser. For rule of construction concerning sections amended and repealed in the same legislative session, see RCW 1.12.025.
28B.76.2401
28B.76.2401 Statewide transfer of credit policy and agreement—
Requirements. [2004 c 55 § 5; 1983 c 304 § 2. Formerly RCW
28B.80.290.] Repealed by 2004 c 275 § 75; and subsequently recodified as
RCW 28B.76.2401 by the code reviser.
Reviser’s note: RCW 28B.80.290 was repealed by 2004 c 275 § 75
without cognizance of its amendment by 2004 c 55 § 5; and subsequently
recodified as RCW 28B.76.2401 by the code reviser. For rule of construction concerning sections amended and repealed in the same legislative session, see RCW 1.12.025.
28B.76.250 Transfer associate degrees—Work
groups—Implementation—Progress reports. (1) The
higher education coordinating board must convene work
groups to develop transfer associate degrees that will satisfy
lower division requirements at public four-year institutions of
higher education for specific academic majors. Work groups
must include representatives from the state board for community and technical colleges and the council of presidents, as
well as faculty from two and four-year institutions. Work
groups may include representatives from independent fouryear institutions.
(2) Each transfer associate degree developed under this
section must enable a student to complete the lower-division
courses or competencies for general education requirements
and preparation for the major that a direct-entry student
would typically complete in the freshman and sophomore
years for that academic major.
(3) Completion of a transfer associate degree does not
guarantee a student admission into an institution of higher
education or admission into a major, minor, or professional
program at an institution of higher education that has competitive admission standards for the program based on grade
point average or other performance criteria.
(4) During the 2004-05 academic year, the work groups
must develop transfer degrees for elementary education,
engineering, and nursing. Each year thereafter, the higher
education coordinating board must convene additional
groups to identify and develop additional transfer degrees.
The board must give priority to majors in high demand by
28B.76.250
(2008 Ed.)
28B.76.260
transfer students and majors that the general direct transfer
agreement associate degree does not adequately prepare students to enter automatically upon transfer.
(5) The higher education coordinating board, in collaboration with the intercollege relations commission, must collect and maintain lists of courses offered by each community
and technical college and public four-year institution of
higher education that fall within each transfer associate
degree.
(6) The higher education coordinating board must monitor implementation of transfer associate degrees by public
four-year institutions to ensure compliance with subsection
(2) of this section.
(7) Beginning January 10, 2005, the higher education
coordinating board must submit a progress report on the
development of transfer associate degrees to the higher education committees of the house of representatives and the
senate. The first progress report must include measurable
benchmark indicators to monitor the effectiveness of the initiatives in improving transfer and baseline data for those indicators before the implementation of the initiatives. Subsequent reports must be submitted by January 10 of each oddnumbered year and must monitor progress on the indicators,
describe development of additional transfer associate
degrees, and provide other data on improvements in transfer
efficiency. [2004 c 55 § 2.]
Findings—Intent—2004 c 55: "(1) The legislature finds that community and technical colleges play a vital role for students obtaining baccalaureate degrees. In 2002, more than forty percent of students graduating with
a baccalaureate degree had transferred from a community or technical college.
(2) The legislature also finds that demand continues to grow for baccalaureate degrees. Increased demand comes from larger numbers of students
seeking access to higher education and greater expectations from employers
for the knowledge and skills needed to expand the state’s economy. Community and technical colleges are an essential partner in meeting this
demand.
(3) However, the legislature also finds that current policies and procedures do not provide for efficient transfer of courses, credits, or prerequisites
for academic majors. Furthermore, the state’s public higher education system must expand its capacity to enroll transfer students in baccalaureate education. The higher education coordinating board must take a leadership role
in working with the community and technical colleges and four-year institutions to ensure efficient and seamless transfer across the state.
(4) Therefore, it is the legislature’s intent to build clearer pathways to
baccalaureate degrees, improve statewide coordination of transfer and articulation, and ensure long-term capacity in the state’s higher education system
for transfer students." [2004 c 55 § 1.]
28B.76.260 Statewide system of course equivalency—Work group. (1) The higher education coordinating
board must create a statewide system of course equivalency
for public institutions of higher education, so that courses
from one institution can be transferred and applied toward
academic majors and degrees in the same manner as equivalent courses at the receiving institution.
(2) The board must convene a work group including representatives from the state board for community and technical colleges and the council of presidents, as well as faculty
from two and four-year institutions, to:
(a) Identify equivalent courses between community and
technical colleges and public four-year institutions and
among public four-year institutions, including identifying
how courses meet requirements for academic majors and
degrees; and
28B.76.260
[Title 28B RCW—page 199]
28B.76.270
Title 28B RCW: Higher Education
(b) Develop strategies for communicating course equivalency to students, faculty, and advisors.
(3) The work group may include representatives from
independent four-year institutions. The work group must
take into account the unique nature of the curriculum of The
Evergreen State College in developing the course equivalency system.
(4) The higher education coordinating board must make
a progress report on the development of the course equivalency system to the higher education committees of the senate and house of representatives by January 10, 2005. The
report must include options and cost estimates for ongoing
maintenance of the system. [2004 c 55 § 3.]
Findings—Intent—2004 c 55: See note following RCW 28B.76.250.
28B.76.270
28B.76.270 Accountability monitoring and reporting
system—Institution biennial plans and performance targets—Biennial reports to the legislature. (1) The board
shall establish an accountability monitoring and reporting
system as part of a continuing effort to make meaningful and
substantial progress towards the achievement of long-term
performance goals in higher education.
(2) Based on guidelines prepared by the board, each
four-year institution and the state board for community and
technical colleges shall submit a biennial plan to achieve
measurable and specific improvements each academic year
on statewide and institution-specific performance measures.
Plans shall be submitted to the board along with the biennial
budget requests from the institutions and the state board for
community and technical colleges. Performance measures
established for the community and technical colleges shall
reflect the role and mission of the colleges.
(3) The board shall approve biennial performance targets
for each four-year institution and for the community and
technical college system and shall review actual achievements annually. The state board for community and technical
colleges shall set biennial performance targets for each college or district, where appropriate.
(4) The board shall submit a report on progress towards
the statewide goals, with recommendations for the ensuing
biennium, to the fiscal and higher education committees of
the legislature along with the board’s biennial budget recommendations.
(5) The board, in collaboration with the four-year institutions and the state board for community and technical colleges, shall periodically review and update the accountability
monitoring and reporting system.
(6) The board shall develop measurable indicators and
benchmarks for its own performance regarding cost, quantity,
quality, and timeliness and including the performance of
committees and advisory groups convened under this chapter
to accomplish such tasks as improving transfer and articulation, improving articulation with the K-12 education system,
measuring educational costs, or developing data protocols.
The board shall submit its accountability plan to the legislature concurrently with the biennial report on institution
progress. [2004 c 275 § 11.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
[Title 28B RCW—page 200]
28B.76.280 Data collection and research—Research
advisory group—Privacy protection. (1) In consultation
with the institutions of higher education and state education
agencies, the board shall identify the data needed to carry out
its responsibilities for policy analysis, accountability, program improvements, and public information. The primary
goals of the board’s data collection and research are to
describe how students and other beneficiaries of higher education are being served; to support higher education accountability; and to assist state policymakers and institutions in
making policy decisions.
(2) The board shall convene a research advisory group
and shall collaborate with the group to identify the most costeffective manner for the board to collect data or access existing data. The board shall work with the advisory group to
develop research priorities, policies, and common definitions
to maximize the reliability and consistency of data across
institutions. The advisory group shall include representatives
of public and independent higher education institutions and
other state agencies, including the state board for community
and technical colleges, the office of the superintendent of
public instruction, the office of financial management, the
employment security department, the workforce training and
education coordinating board, and other agencies as appropriate.
(3) Specific protocols shall be developed by the board
and the advisory group to protect the privacy of individual
student records while ensuring the availability of student data
for legitimate research purposes. [2004 c 275 § 12.]
28B.76.280
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.76.290 Coordination of activities with segments
of higher education. The board shall coordinate educational
activities among all segments of higher education taking into
account the educational programs, facilities, and other
resources of both public and independent two and four-year
colleges and universities. The four-year institutions and the
state board for community and technical colleges shall coordinate information and activities with the board. The board
shall have the following additional responsibilities:
(1) Promote interinstitutional cooperation;
(2) Establish minimum admission standards for fouryear institutions, including a requirement that coursework in
American sign language or an American Indian language
shall satisfy any requirement for instruction in a language
other than English that the board or the institutions may
establish as a general undergraduate admissions requirement;
(3) Establish transfer policies;
(4) Adopt rules implementing statutory residency
requirements;
(5) Develop and administer reciprocity agreements with
bordering states and the province of British Columbia;
(6) Review and recommend compensation practices and
levels for administrative employees, exempt under *chapter
28B.16 RCW, and faculty using comparative data from peer
institutions;
(7) Monitor higher education activities for compliance
with all relevant state policies for higher education;
(8) Arbitrate disputes between and among four-year
institutions or between and among four-year institutions and
28B.76.290
(2008 Ed.)
Higher Education Coordinating Board
community colleges at the request of one or more of the institutions involved, or at the request of the governor, or from a
resolution adopted by the legislature. The decision of the
board shall be binding on the participants in the dispute;
(9) Establish and implement a state system for collecting, analyzing, and distributing information;
(10) Recommend to the governor and the legislature
ways to remove any economic incentives to use off-campus
program funds for on-campus activities; and
(11) Make recommendations to increase minority participation, and monitor and report on the progress of minority
participation in higher education. [1993 c 77 § 2; 1992 c 60
§ 3; 1988 c 172 § 4; 1985 c 370 § 6. Formerly RCW
28B.80.350.]
*Reviser’s note: Chapter 28B.16 RCW was repealed by 1993 c 281,
with the exception of RCW 28B.16.015 and 28B.16.240, which was recodified as RCW 41.06.382. For exemptions to higher education personnel law
see chapter 41.06 RCW. RCW 28B.16.015 and 41.06.382 were subsequently
repealed by 2002 c 354 § 403, effective July 1, 2005.
28B.76.300 State support received by students—
Information. (1) The board shall annually develop information on the approximate amount of state support that students
receive. For students at state-supported colleges and universities, the information shall include the approximate level of
support received by students in each tuition category. That
information may include consideration of the following:
Expenditures included in the educational cost formula, revenue forgiven from waived tuition and fees, state-funded
financial aid awarded to students at public institutions, and all
or a portion of appropriated amounts not reflected in the educational cost formula for institutional programs and services
that may affect or enhance the educational experience of students at a particular institution. For students attending a private college, university, or proprietary school, the information shall include the amount of state-funded financial aid
awarded to students attending the institution.
(2) Beginning July 30, 1993, the board shall annually
provide information appropriate to each institution’s student
body to each state-supported four-year institution of higher
education and to the state board for community and technical
colleges for distribution to community colleges and technical
colleges.
(3) Beginning July 30, 1993, the board shall annually
provide information on the level of financial aid received by
students at that institution to each private university, college,
or proprietary school, that enrolls students receiving statefunded financial aid.
(4) Beginning with the 1997 fall academic term, each
institution of higher education described in subsection (2) or
(3) of this section shall provide to students at the institution
information on the approximate amount that the state is contributing to the support of their education. Information provided to students at each state-supported college and university shall include the approximate amount of state support
received by students in each tuition category at that institution. The amount of state support shall be based on the information provided by the board under subsections (1) through
(3) of this section. The information shall be provided to students at the beginning of each academic term through one or
more of the following: Registration materials, class sched28B.76.300
(2008 Ed.)
28B.76.320
ules, tuition and fee billing packets, student newspapers, or
via e-mail or kiosk. [2004 c 275 § 14; 1997 c 48 § 1; 1993 c
250 § 1. Formerly RCW 28B.10.044.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Tuition billing statements—Disclosures to students: RCW 28B.15.0681.
28B.76.310 Development of methods and protocols
for measuring educational costs—Schedule of educational cost study reports. (1) The board, in consultation
with the house of representatives and senate committees
responsible for higher education, the respective fiscal committees of the house of representatives and senate, the office
of financial management, the state board for community and
technical colleges, and the state institutions of higher education, shall develop standardized methods and protocols for
measuring the undergraduate and graduate educational costs
for the state universities, regional universities, and community colleges, including but not limited to the costs of instruction, costs to provide degrees in specific fields, and costs for
precollege remediation.
(2) By December 1, 2004, the board must propose a
schedule of regular cost study reports intended to meet the
information needs of the governor’s office and the legislature
and the requirements of RCW 28B.76.300 and submit the
proposed schedule to the higher education and fiscal committees of the house of representatives and the senate for their
review.
(3) The institutions of higher education shall participate
in the development of cost study methods and shall provide
all necessary data in a timely fashion consistent with the protocols developed. [2004 c 275 § 15; 1995 1st sp.s. c 9 § 7;
1992 c 231 § 5; 1989 c 245 § 3. Prior: 1985 c 390 § 16; 1985
c 370 § 65; 1982 1st ex.s. c 37 § 16; 1981 c 257 § 3; 1977
ex.s. c 322 § 7. Formerly RCW 28B.15.070.]
28B.76.310
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Analyses—1989 c 245: "(1) The higher education coordinating board,
with cooperation from the institutions of higher education, shall conduct a
full review and analysis of the accuracy and consistency of the educational
costs study. The board shall report to the legislature by December 1990, outlining its findings and making recommendations upon establishing a modified tuition fees structure based upon educational costs.
(2) The board shall conduct a full analysis and comparison of the educational costs at the University of Washington and Washington State University. The board shall also perform a comparison of the tuition fees charged
at the University of Washington and Washington State University with
tuition at their respective peer institutions. The board will provide recommendations on whether different levels of tuition fees should be charged at
each of the state research universities." [1989 c 245 § 2.]
Effective date—Severability—1982 1st ex.s. c 37: See notes following RCW 28B.15.012.
Severability—1981 c 257: See note following RCW 28B.15.031.
Severability—1977 ex.s. c 322: See note following RCW 28B.15.065.
28B.76.320 Board to transmit amounts constituting
approved educational costs. The board shall determine and
transmit amounts constituting approved undergraduate and
graduate educational costs to the several boards of regents
and trustees of the state institutions of higher education by
28B.76.320
[Title 28B RCW—page 201]
28B.76.330
Title 28B RCW: Higher Education
November 10 of each even-numbered year. [2004 c 275 § 16;
1995 1st sp.s. c 9 § 6; 1989 c 245 § 4. Prior: 1985 c 390 § 17;
1985 c 370 § 66; 1982 1st ex.s. c 37 § 17; 1981 c 257 § 4.
Formerly RCW 28B.15.076.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031.
Analyses—1989 c 245: See note following RCW 28B.76.310.
Effective date—Severability—1982 1st ex.s. c 37: See notes following RCW 28B.15.012.
Severability—1981 c 257: See note following RCW 28B.15.031.
28B.76.330 Coordination, articulation, and transitions among systems of education—Biennial updates to
legislature. The higher education coordinating board shall
work with the state board of education, the superintendent of
public instruction, the state board for community and technical colleges, the workforce training and education coordinating board, two and four-year institutions of higher education,
and school districts to improve coordination, articulation, and
transitions among the state’s systems of education. The goal
of improved coordination is increased student success. Topics to address include: Expansion of dual enrollment options
for students; articulation agreements between institutions of
higher education and high schools; improved alignment of
high school preparatory curriculum and college readiness.
The board, in conjunction with the other education agencies,
shall submit a biennial update on the work accomplished and
planned under this section to the education and higher education committees of the legislature, beginning January 15,
2005. [2004 c 275 § 17; 1994 c 222 § 3. Formerly RCW
28B.80.175.]
28B.76.330
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Effective date—1994 c 222: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 1, 1994]." [1994 c 222 § 4.]
28B.76.335 Teacher preparation degree programs in
mathematics, science, and technology—Needs assessment. As part of the state needs assessment process conducted by the board in accordance with RCW 28B.76.230,
the board shall assess the need for additional baccalaureate
degree programs in Washington that specialize in teacher
preparation in mathematics, science, and technology. If the
board determines that there is a need for additional programs,
then the board shall encourage the appropriate institutions of
higher education or institutional sectors to create such a program. [2007 c 396 § 17.]
28B.76.335
Capti ons no t la w— 200 7 c 396: See no te fol lo win g RC W
28A.305.215.
Finding—Intent—2007 c 396: See note following RCW 28A.300.515.
PART III - EDUCATION SERVICES ADMINISTRATION
c 132 § 15. Prior: 1969 ex.s. c 263 § 7. Formerly RCW
28B.80.240, 28.90.160, 28B.81.070.]
Effective date—Severability—1975 1st ex.s. c 132: See notes following RCW 28B.76.110.
28B.76.505 Scholarship endowment programs—
Administration of funds. (1) The investment of funds from
all scholarship endowment programs administered by the
higher education coordinating board shall be managed by the
state investment board.
(2) The state investment board has the full power to
invest, reinvest, manage, contract, sell, or exchange investment money in scholarship endowment funds. All investment and operating costs associated with the investment of a
scholarship endowment fund shall be paid pursuant to RCW
43.33A.160 and 43.84.160. With the exception of these
expenses, the earnings from the investments of the fund
belong to the fund.
(3) Funds from all scholarship endowment programs
administered by the board shall be in the custody of the state
treasurer.
(4) All investments made by the state investment board
shall be made with the exercise of that degree of judgment
and care pursuant to RCW 43.33A.140 and the investment
policies established by the state investment board.
(5) As deemed appropriate by the state investment board,
money in a scholarship endowment fund may be commingled
for investment with other funds subject to investment by the
state investment board.
(6) The authority to establish all policies relating to
scholarship endowment funds, other than the investment policies in subsections (2) through (5) of this section, resides
with the higher education coordinating board.
(7) The higher education coordinating board may request
and accept moneys from the state investment board. With the
exception of expenses of the state investment board in subsection (2) of this section, disbursements from the fund shall
be made only on the authorization of the higher education
coordinating board, and money in the fund may be spent only
for the purposes of the endowment programs as specified in
the authorizing chapter of each program.
(8) The state investment board shall routinely consult
and communicate with the higher education coordinating
board on the investment policy, earnings of the scholarship
endowment funds, and related needs of the programs. [2007
c 73 § 1.]
28B.76.505
28B.76.510 Board to administer certain federal programs. The board shall administer any federal act pertaining
to higher education which is not administered by another
state agency. [1985 c 370 § 21; 1975 1st ex.s. c 132 § 12.
Prior: 1969 ex.s. c 263 § 3. Formerly RCW 28B.80.210,
28.90.120, 28B.81.030.]
28B.76.510
Effective date—Severability—1975 1st ex.s. c 132: See notes following RCW 28B.76.110.
28B.76.520 Federal funds, private gifts or grants,
board to administer. The board is authorized to receive and
expend federal funds and any private gifts or grants, such federal funds or private funds to be expended in accordance with
the conditions contingent in such grant thereof. [1985 c 370
28B.76.520
28B.76.500 Student financial aid programs, board to
administer. The board shall administer any state program or
state-administered federal program of student financial aid
now or hereafter established. [1985 c 370 § 23; 1975 1st ex.s.
28B.76.500
[Title 28B RCW—page 202]
(2008 Ed.)
Higher Education Coordinating Board
§ 22; 1975 1st ex.s. c 132 § 14. Prior: 1969 ex.s. c 263 § 5.
Formerly RCW 28B.80.230, 28.90.140, 28B.81.050.]
Effective date—Severability—1975 1st ex.s. c 132: See notes following RCW 28B.76.110.
28B.76.525 State financial aid account. (1) The state
financial aid account is created in the custody of the state
treasurer. The primary purpose of the account is to ensure
that all appropriations designated for financial aid through
statewide student financial aid programs are made available
to eligible students. The account shall be a nontreasury
account.
(2) The higher education coordinating board shall
deposit in the account all money received for the state need
grant program established under RCW 28B.92.010, the state
work-study program established under chapter 28B.12 RCW,
the Washington scholars program established under RCW
28A.600.110, the Washington award for vocational excellence program established under RCW 28C.04.525, and the
educational opportunity grant program established under
chapter 28B.101 RCW. The account shall consist of funds
appropriated by the legislature for the programs listed in this
subsection and private contributions to the programs. Moneys deposited in the account do not lapse at the close of the
fiscal period for which they were appropriated. Both during
and after the fiscal period in which moneys were deposited in
the account, the board may expend moneys in the account
only for the purposes for which they were appropriated, and
the expenditures are subject to any other conditions or limitations placed on the appropriations.
(3) Expenditures from the account shall be used for
scholarships to students eligible for the programs according
to program rules and policies.
(4) Disbursements from the account are exempt from
appropriations and the allotment provisions of chapter 43.88
RCW.
(5) Only the executive director of the higher education
coordinating board or the executive director’s designee may
authorize expenditures from the account. [2005 c 139 § 1.]
28B.76.525
Reviser’s note: 2005 c 139 directed that this section be added to chapter 28B.10 RCW. This section has been codified as part of chapter 28B.76
RCW, which relates more directly to duties of the higher education coordinating board.
28B.76.530 Board may develop and administer demonstration projects. The higher education coordinating
board may develop and administer demonstration projects
designed to prepare and assist persons to obtain a higher education in this state. [1989 c 306 § 2. Formerly RCW
28B.80.180.]
28B.76.530
28B.76.540 Administrative responsibilities. In addition to administrative responsibilities assigned in this chapter, the board shall administer the programs set forth in the
following statutes: RCW 28A.600.100 through 28A.600.150
(Washington scholars); chapter 28B.85 RCW (degree-granting institutions); chapter 28B.92 RCW (state need grant);
chapter 28B.12 RCW (work study); RCW 28B.15.543
(tuition waivers for Washington scholars); RCW 28B.15.760
through 28B.15.766 (math and science loans); RCW
28B.15.100 (reciprocity agreement); RCW 28B.15.730
28B.76.540
(2008 Ed.)
28B.76.555
through 28B.15.736 (Oregon reciprocity); RCW 28B.15.750
through 28B.15.754 (Idaho reciprocity); RCW 28B.15.756
and 28B.15.758 (British Columbia reciprocity); chapter
28B.101 RCW (educational opportunity grant); chapter
28B.102 RCW (future teachers conditional scholarship);
chapter 28B.108 RCW (American Indian endowed scholarship); chapter 28B.109 RCW (Washington international
exchange scholarship); chapter 28B.115 RCW (health professional conditional scholarship); chapter 28B.119 RCW
(Washington promise scholarship); and chapter 28B.133
RCW (gaining independence for students with dependents).
[2004 c 275 § 18; 1998 c 245 § 24; 1995 1st sp.s. c 9 § 12;
1990 c 33 § 561; 1986 c 136 § 20; 1985 c 370 § 7. Formerly
RCW 28B.80.360.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—Effective date—1986 c 136: See RCW 28B.85.900 and
28B.85.902.
28B.76.550 Distinguished professorship trust fund
program—"Private donation" defined. For the purposes
of RCW 28B.76.555 through 28B.76.590, "private donation"
includes assessments by commodity commissions authorized
to conduct research activities including but not limited to
research studies authorized under RCW 15.66.030 and
15.65.040. [2004 c 275 § 19; 1989 c 187 § 1. Formerly RCW
28B.10.859.]
28B.76.550
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.76.555 Distinguished professorship trust fund
program—Intent. The legislature recognizes that quality in
the state’s public four-year institutions of higher education
would be strengthened by additional partnerships between
citizens and the institutions. The legislature intends to foster
these partnerships by creating a matching grant program to
assist public four-year institutions of higher education in creating endowments for funding distinguished professorships.
[1987 c 8 § 1. Formerly RCW 28B.10.866.]
28B.76.555
Allocation of appropriated moneys—1988 c 125; 1987 c 8: "(1) For
the biennium ending June 30, 1989, all appropriations to the Washington distinguished professorship trust fund shall be allocated as provided in this section. The state treasurer shall reserve the following amounts in the trust fund
for distribution to four-year higher education institutions at such time as
qualifying gifts as defined in section 1, chapter 8, Laws of 1987 for distinguished professorships have been deposited:
(a) Two million two hundred fifty thousand dollars of the appropriation
for the University of Washington;
(b) One million five hundred thousand dollars of the appropriation for
Washington State University;
(c) One million dollars of the appropriation divided among Eastern
Washington University, Central Washington University, Western Washington University, and The Evergreen State College.
(2) Distribution of funds allocated in subsection (1)(c) of this section
shall be made in the following manner: Eastern Washington University,
Central Washington University, Western Washington University, and The
Evergreen State College are guaranteed one professorship.
(3) As of January 1, 1989, if any funds reserved in subsection (1)(a) or
(b) of this section have not been designated as matching funds for qualifying
gifts, any four-year institution of higher education, which has already fully
utilized the professorships allocated to it by this section, and, in the case of
[Title 28B RCW—page 203]
28B.76.560
Title 28B RCW: Higher Education
the regional universities and The Evergreen State College, has exhausted the
allocation in subsection (1)(c) of this section, may be eligible for such funds
under rules promulgated by the higher education coordinating board." [1988
c 125 § 4; 1987 c 8 § 12.]
28B.76.560 Distinguished professorship trust fund
program—Establishment—Administration. The Washington distinguished professorship trust fund program is
established.
The program shall be administered by the higher education coordinating board.
The trust fund shall be administered by the state treasurer. [1987 c 8 § 2. Formerly RCW 28B.10.867.]
28B.76.560
28B.76.565 Distinguished professorship trust fund
program—Trust fund established. Funds appropriated by
the legislature for the distinguished professorship program
shall be deposited in the distinguished professorship trust
fund. At the request of the higher education coordinating
board under RCW 28B.76.575, the treasurer shall release the
state matching funds to the designated institution’s local
endowment fund. No appropriation is required for expenditures from the fund. [2004 c 275 § 20; 1991 sp.s. c 13 § 99;
1987 c 8 § 3. Formerly RCW 28B.10.868.]
28B.76.565
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
28B.76.570 Distinguished professorship trust fund
program—Guidelines—Allocation system. In consultation with the eligible institutions of higher education, the
higher education coordinating board shall set guidelines for
the program. These guidelines may include an allocation system based on factors which include but are not limited to:
The amount of money available in the trust fund; characteristics of the institutions including the size of the faculty and
student body; and the number of professorships previously
received.
Any allocation system shall be superseded by conditions
in any act of the legislature appropriating funds for this program. [1987 c 8 § 4. Formerly RCW 28B.10.869.]
28B.76.570
28B.76.575 Distinguished professorship trust fund
program—Matching funds—Donations or appropriations—Disbursement of funds. All state four-year institutions of higher education shall be eligible for matching trust
funds. An institution may apply to the higher education coordinating board for two hundred fifty thousand dollars from
the fund when the institution can match the state funds with
an equal amount of pledged or contributed private donations
or with funds received through legislative appropriation specifically for the G. Robert Ross distinguished faculty award
and designated as being qualified to be matched from trust
fund moneys. These donations shall be made specifically to
the professorship program, and shall be donated after July 1,
1985.
Upon an application by an institution, the board may designate two hundred fifty thousand dollars from the trust fund
for that institution’s pledged professorship. If the pledged
two hundred fifty thousand dollars is not received within
28B.76.575
[Title 28B RCW—page 204]
three years, the board shall make the designated funds available for another pledged professorship.
Once the private donation is received by the institution,
the higher education coordinating board shall ask the state
treasurer to release the state matching funds to a local endowment fund established by the institution for the professorship.
[1988 c 125 § 3; 1987 c 8 § 5. Formerly RCW 28B.10.870.]
Severability—1988 c 125: See RCW 28B.106.902.
28B.76.580 Distinguished professorship trust fund
program—Name of professorship—Duties of institution—Use of endowment proceeds. The professorship is
the property of the institution and may be named in honor of
a donor, benefactor, or honoree of the institution, at the
option of the institution. Once state matching funds are
released to a local endowment fund, an institution may combine two professorships to support one professorship holder.
The institution is responsible for soliciting private donations, investing and maintaining all endowment funds,
administering the professorship, and reporting on the program to the governor and the legislature upon request. The
institution may augment the endowment fund with additional
private donations. The principal of the invested endowment
fund shall not be invaded.
The proceeds from the endowment fund may be used to
supplement the salary of the holder of the professorship, to
pay salaries for his or her assistants, and to pay expenses
associated with the holder’s scholarly work. [1989 c 187 § 2;
1987 c 8 § 6. Formerly RCW 28B.10.871.]
28B.76.580
28B.76.585 Distinguished professorship trust fund
program—Moneys not subject to collective bargaining.
Any private or public money, including all investment
income, deposited in the Washington distinguished professorship trust fund or any local endowment for professorship
programs shall not be subject to collective bargaining. [1987
c 8 § 7. Formerly RCW 28B.10.872.]
28B.76.585
28B.76.590 Distinguished professorship trust fund
program—Continuation of program established under
prior law. A distinguished professorship program established under chapter 343, Laws of 1985 shall continue to
operate under RCW 28B.76.555 through 28B.76.585 and the
requirements of RCW 28B.76.555 through 28B.76.585 shall
apply. [2004 c 275 § 21; 1987 c 8 § 8. Formerly RCW
28B.10.873.]
28B.76.590
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.76.600 Graduate fellowship trust fund program—Intent. The legislature recognizes that quality in the
state’s public four-year institutions of higher education
would be strengthened by additional partnerships between
citizens and the institutions. The legislature intends to foster
these partnerships by creating a matching grant program to
assist public four-year institutions of higher education in creating endowments for funding fellowships for distinguished
graduate students. [1987 c 147 § 1. Formerly RCW
28B.10.880.]
28B.76.600
(2008 Ed.)
Higher Education Coordinating Board
28B.76.605
28B.76.605 Graduate fellowship trust fund program—Establishment—Administration. The Washington
graduate fellowship trust fund program is established. The
program shall be administered by the higher education coordinating board. The trust fund shall be administered by the
state treasu rer . [198 7 c 14 7 § 2. For mer ly RCW
28B.10.881.]
28B.76.610
28B.76.610 Graduate fellowship trust fund—Matching funds. Funds appropriated by the legislature for the
graduate fellowship program shall be deposited in the graduate fellowship trust fund. At the request of the higher education coordinating board under RCW 28B.76.620, the treasurer shall release the state matching funds to the designated
institution’s local endowment fund. No appropriation is
required for expenditures from the fund. [2004 c 275 § 22;
1991 sp.s. c 13 § 88; 1987 c 147 § 3. Formerly RCW
28B.10.882.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
28B.76.615
28B.76.615 Graduate fellowship trust fund program—Guidelines—Allocation system. In consultation
with eligible institutions of higher education, the higher education coordinating board shall set guidelines for the program. These guidelines may include an allocation system
based on factors which include but are not limited to: The
amount of money available in the trust fund; characteristics
of the institutions including the size of the faculty and student
body; and the number of fellowships previously received.
Any allocation system shall be superseded by conditions
in any legislative act appropriating funds for the program.
[1987 c 147 § 4. Formerly RCW 28B.10.883.]
28B.76.620
28B.76.620 Graduate fellowship trust fund program—Matching funds—Donations—Disbursement of
funds. (1) All state four-year institutions of higher education
shall be eligible for matching trust funds. Institutions may
apply to the higher education coordinating board for twentyfive thousand dollars from the fund when they can match the
state funds with equal pledged or contributed private donations. These donations shall be made specifically to the graduate fellowship program, and shall be donated after July 1,
1987.
(2) Upon an application by an institution, the board may
designate twenty-five thousand dollars from the trust fund for
that institution’s pledged graduate fellowship fund. If the
pledged twenty-five thousand dollars is not received within
two years, the board shall make the designated funds available for another pledged graduate fellowship fund.
(3) Once the private donation is received by the institution, the higher education coordinating board shall ask the
state treasurer to release the state matching funds to a local
endowment fund established by the institution for the graduate fellowships. [1987 c 147 § 5. Formerly RCW
28B.10.884.]
(2008 Ed.)
28B.76.645
28B.76.625 Graduate fellowship trust fund program—Name of fellowship—Duties of institution—Use of
endowment proceeds. (1) The fellowship is the property of
the institution and may be named in honor of a donor, benefactor, or honoree of the institution, at the option of the institution.
(2) The institution is responsible for soliciting private
donations, investing and maintaining all endowment funds,
administering the fellowship, and reporting on the program to
the governor and the legislature upon request. The institution
may augment the endowment fund with additional private
donations. The principal of the invested endowment fund
shall not be invaded.
(3) The proceeds from the endowment fund may be used
to provide fellowship stipends to be used by the recipient for
such things as tuition and fees, subsistence, research
expenses, and other educationally related costs. [1987 c 147
§ 6. Formerly RCW 28B.10.885.]
28B.76.625
28B.76.630 Graduate fellowship trust fund program—Moneys not subject to collective bargaining. Any
private or public money, including all investment income,
deposited in the Washington graduate fellowship trust fund
or any local endowment for fellowship programs shall not be
subject to collective bargaining. [1987 c 147 § 7. Formerly
RCW 28B.10.886.]
28B.76.630
28B.76.640 Board to coordinate state participation
within student exchange compact programs—Designate
certifying officer. The board is hereby specifically directed
to develop such state plans as are necessary to coordinate the
state of Washington’s participation within the student
exchange compact programs under the auspices of the Western Interstate Commission for Higher Education, as provided
by chapter 28B.70 RCW. In addition to establishing such
plans the board shall designate the state certifying officer for
student programs. [1985 c 370 § 17; 1974 ex.s. c 4 § 3. Formerly RCW 28B.80.150.]
28B.76.640
Severability—1974 ex.s. c 4: "If any provision of this 1973 [1974] act,
or its application to any person or circumstance is held invalid, the remainder
of the act, or the application of the provision to other persons or circumstances is not affected." [1974 ex.s. c 4 § 6.]
28B.76.645 Board to coordinate state participation
within student exchange compact programs—Criteria—
Washington interstate commission on higher education
professional student exchange program trust fund. In the
development of any such plans as called for within RCW
28B.76.640, the board shall use at least the following criteria:
(1) Students who are eligible to attend compact-authorized programs in other states shall meet the Washington residency requirements of chapter 28B.15 RCW prior to being
awarded tuition assistance.
(2) For recipients named after January 1, 1995, the
tuition assistance shall be in the form of loans that may be
completely forgiven in exchange for the student’s service
within the state of Washington after graduation. The requirements for such service and provisions for loan forgiveness
shall be determined in rules adopted by the board.
(3) If appropriations are insufficient to fund all students
qualifying under subsection (1) of this section, then the plans
28B.76.645
[Title 28B RCW—page 205]
28B.76.650
Title 28B RCW: Higher Education
shall include criteria for student selection that would be in the
best interest in meeting the state’s educational needs, as well
as recognizing the financial needs of students.
(4) Receipts from the payment of principal or interest or
any other subsidies to which the board as administrator is
entitled, that are paid by or on behalf of participants under
this section, shall be deposited with the board and placed in
an account created in this section and shall be used to cover
the costs of granting the scholarships, maintaining necessary
records, and making collections. The board shall maintain
accurate records of these costs, and all receipts beyond those
necessary to pay such costs shall be used to grant conditional
loans to eligible students.
(5) The Washington interstate commission on higher
education professional student exchange program trust fund
is created in the custody of the state treasurer. All receipts
from loan repayment shall be deposited into the fund. Only
the higher education coordinating board, or its designee, may
authorize expenditures from the fund. No appropriation is
required for expenditures from this fund. [2004 c 275 § 23;
1995 c 217 § 1; 1985 c 370 § 18; 1974 ex.s. c 4 § 4. Formerly
RCW 28B.80.160.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Effective date—1995 c 217: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 3, 1995]." [1995 c 217 § 3.]
Severability—1974 ex.s. c 4: See note following RCW 28B.76.640.
28B.76.650 Board to coordinate state participation
within student exchange compact programs—Advice to
governor, legislature. The board shall periodically advise
the governor and the legislature of the policy implications of
the state of Washington’s participation in the Western Interstate Commission for Higher Education student exchange
programs as they affect long-range planning for post-secondary education, together with recommendations on the most
efficient way to provide high cost or special educational programs to Washington residents. [1985 c 370 § 19; 1974 ex.s.
c 4 § 5. Formerly RCW 28B.80.170.]
28B.76.650
Severability—1974 ex.s. c 4: See note following RCW 28B.76.640.
28B.76.660 Washington scholars award and Washington scholars-alternate award. (1) Recipients of the
Washington scholars award or the Washington scholarsaltern ate award u nd er R CW 28 A.60 0.100 th rou gh
28A.600.150 who choose to attend an independent college or
university in this state, as defined in subsection (4) of this
section, and recipients of the award named after June 30,
1994, who choose to attend a public college or university in
the state may receive grants under this section if moneys are
available. The higher education coordinating board shall distribute grants to eligible students under this section from
moneys appropriated for this purpose. The individual grants
shall not exceed, on a yearly basis, the yearly, full-time, resident, undergraduate tuition and service and activities fees in
effect at the state-funded research universities. Grants to
recipients attending an independent institution shall be contingent upon the institution matching on at least a dollar-fordollar basis, either with actual money or by a waiver of fees,
28B.76.660
[Title 28B RCW—page 206]
the amount of the grant received by the student from the state.
The higher education coordinating board shall establish procedures, by rule, to disburse the awards as direct grants to the
students.
(2) The higher education coordinating board shall establish rules that provide for the annual awarding of grants, if
moneys are available, to three Washington scholars per legislative district except for fiscal year 2007 when no more than
two scholars per district shall be selected; and, if not used by
an original recipient, to the Washington scholars-alternate
from the same legislative district.
Beginning with scholars selected in the year 2000, if the
recipients of grants fail to demonstrate in a timely manner
that they will enroll in a Washington institution of higher
education in the fall term of the academic year following the
award of the grant or are deemed by the higher education
coordinating board to have withdrawn from college during
the first academic year following the award, then the grant
shall be considered relinquished. The higher education coordinating board may then award any remaining grant amounts
to the Washington scholars-alternate from the same legislative district if the grants are awarded within one calendar year
of the recipient being named a Washington scholars-alternate. Washington scholars-alternates named as recipients of
the grant must also demonstrate in a timely manner that they
will enroll in a Washington institution of higher education
during the next available term, as determined by the higher
education coordinating board. The board may accept appeals
and grant waivers to the enrollment requirements of this section based on exceptional mitigating circumstances of individual grant recipients.
To maintain eligibility for the grants, recipients must
maintain a minimum grade point average at the college or
university equivalent to 3.30. Students shall be eligible to
receive a maximum of twelve quarters or eight semesters of
grants for undergraduate study and may transfer among instate public and independent colleges and universities during
that period and continue to receive the grant as provided
under RCW 28B.76.665. If the student’s cumulative grade
point average falls below 3.30 during the first three quarters
or two semesters, that student may petition the higher education coordinating board which shall have the authority to
establish a probationary period until such time as the student’s grade point average meets required standards.
(3) No grant shall be awarded to any student who is pursuing a degree in theology.
(4) As used in this section, "independent college or university" means a private, nonprofit educational institution,
the main campus of which is permanently situated in the
state, open to residents of the state, providing programs of
education beyond the high school level leading at least to the
baccalaureate degree, and accredited by the northwest association of schools and colleges as of June 9, 1988, and other
institutions as may be developed that are approved by the
higher education coordinating board as meeting equivalent
standards as those institutions accredited under this section.
(5) As used in this section, "public college or university"
means an institution of higher education as defined in RCW
28B.10.016. [2005 c 518 § 917; 2004 c 275 § 24; 1999 c 159
§ 3; 1995 1st sp.s. c 5 § 3; 1990 c 33 § 560; 1988 c 210 § 1.
Formerly RCW 28B.80.245.]
(2008 Ed.)
Higher Education Coordinating Board
Severability—Effective date—2005 c 518: See notes following RCW
28A.500.030.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
F ind ing s— Inte nt— 19 99 c 15 9: See n ot e fol l ow i ng RC W
28A.600.150.
Severability—Effective date—1995 1st sp.s. c 5: See notes following
RCW 28A.600.130.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Application—1988 c 210 § 1: "RCW 28B.80.245 shall apply to persons holding the Washington scholars award as of June 9, 1988, as well as
persons holding the award after June 9, 1988." [1988 c 210 § 3.]
28B.76.665 Washington scholars award waivers or
grants—Transfers between colleges and universities. Students receiving grants under RCW 28B.76.660 or waivers
under RCW 28B.15.543 are entitled to transfer among instate public and independent colleges or universities and to
continue to receive award benefits, as provided in this section, in the form of a grant or waiver of tuition and services
and activities fees while enrolled at such institutions during
the period of eligibility. The total grants or waivers for any
one student shall not exceed twelve quarters or eight semesters of undergraduate study.
(1) Scholars named to the award on or before June 30,
1994, may transfer between in-state public institutions, or
from an eligible independent college or university to an instate public institution of higher education, and are entitled to
receive the waiver of tuition and services and activities fees.
(2) Scholars named to the award on or before June 30,
1994, may transfer from an in-state public institution to an
eligible independent college or university, or between eligible independent colleges or universities, and continue to
receive a grant contingent upon available funding.
(3) Scholars named to the award after June 30, 1994,
may transfer among in-state public or private colleges and
universities and continue to receive the grant contingent upon
available funding.
(4) In addition, scholars who transfer to an eligible independent institution may receive the grant contingent upon the
agreement of the school to match on at least a dollar-for-dollar basis, either with actual money or by a waiver of fees, the
amount of the grant received by the student from the state.
[2004 c 275 § 25; 1995 1st sp.s. c 5 § 4; 1988 c 210 § 2. Formerly RCW 28B.80.246.]
28B.76.665
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Severability—Effective date—1995 1st sp.s. c 5: See notes following
RCW 28A.600.130.
28B.76.670 Washington award for vocational excellence—Grants—Definitions. (1) Recipients of the Washington award for vocational excellence under RCW
28C.04.520 through 28C.04.550, who receive the award after
June 30, 1994, may receive a grant, if funds are available.
The grant shall be used to attend a postsecondary institution
located in the state of Washington. Recipients may attend an
institution of higher education as defined in RCW
28B.10.016, or an independent college or university, or a
licensed private vocational school. The higher education
coordinating board shall distribute grants to eligible students
28B.76.670
(2008 Ed.)
28B.76.685
under this section from moneys appropriated for this purpose.
The individual grants shall not exceed, on a yearly basis, the
yearly, full-time, resident, undergraduate tuition and service
and activities fees in effect at the state-funded research universities. In consultation with the workforce training and education coordinating board, the higher education coordinating
board shall establish procedures, by rule, to disburse the
awards as direct grants to the students.
(2) To qualify for the grant, recipients shall enter the
postsecondary institution within three years of high school
graduation and maintain a minimum grade point average at
the institution equivalent to 3.00, or, at a technical college, an
above average rating. Students shall be eligible to receive a
maximum of two years of grants for undergraduate study and
may transfer among in-state eligible postsecondary institutions during that period and continue to receive the grant.
(3) No grant may be awarded to any student who is pursuing a degree in theology.
(4) As used in this section, "independent college or university" means a private, nonprofit educational institution,
the main campus of which is permanently situated in the
state, open to residents of the state, providing programs of
education beyond the high school level leading at least to the
baccalaureate degree, and accredited by the Northwest association of schools and colleges as of June 9, 1988, and other
institutions as may be developed that are approved by the
higher education coordinating board as meeting equivalent
standards as those institutions accredited under this section.
(5) As used in this section, "licensed private vocational
school" means a private postsecondary institution, located in
the state, licensed by the workforce training and education
coordinating board under chapter 28C.10 RCW, and offering
postsecondary education in order to prepare persons for a
vocation or profession, as defined in RCW 28C.10.020(7).
[1995 1st sp.s. c 7 § 8. Formerly RCW 28B.80.272.]
Severability—1995 1st sp.s. c 7: See note following RCW
28C.04.520.
28B.76.680 Border county higher education opportunity project—Findings—Intent. (1) The legislature finds
that certain tuition policies in Oregon state are more responsive to the needs of students living in economic regions that
cross the state border than the Washington state policies.
Under Oregon policy, students who are Washington residents
may enroll at Portland State University for eight credits or
less and pay the same tuition as Oregon residents. Further,
the state of Oregon passed legislation in 1997 to begin providing to its community colleges the same level of state funding for students residing in bordering states as students residing in Oregon.
(2) The legislature intends to build on the recent Oregon
initiatives regarding tuition policy for students in bordering
states and to facilitate regional planning for higher education
delivery by creating a project on resident tuition rates in
Washington counties that border Oregon state. [2003 c 159 §
1; 2002 c 130 § 1; 1999 c 320 § 1. Formerly RCW
28B.80.805.]
28B.76.680
28B.76.685 Border county higher education opportunity project—Created. (1) The border county higher education opportunity project is created. The purpose of the
28B.76.685
[Title 28B RCW—page 207]
28B.76.690
Title 28B RCW: Higher Education
project is to allow Washington institutions of higher education that are located in counties on the Oregon border to
implement tuition policies that correspond to Oregon policies. Under the border county project, Columbia Basin Community College, Clark College, Lower Columbia Community
College, Grays Harbor Community College, and Walla Walla
Community College may enroll students who reside in the
bordering Oregon counties of Columbia, Gilliam, Hood
River, Multnomah, Clatsop, Clackamas, Morrow, Sherman,
Umatilla, Union, Wallowa, Wasco, and Washington at resident tuition rates. The Tri-Cities and Vancouver branches of
Washington State University may enroll students who reside
in the bordering Oregon counties of Columbia, Multnomah,
Clatsop, Clackamas, Morrow, Umatilla, Union, Wallowa,
and Washington for eight credits or less at resident tuition
rates.
(2) Washington institutions of higher education participating in the project shall give priority program enrollment to
Washington residents. [2003 c 159 § 2; 2002 c 130 § 2; 2000
c 160 § 3; 1999 c 320 § 2. Formerly RCW 28B.80.806.]
Resident tuition rates—Border county higher education opportunity project:
RCW 28B.15.0139.
28B.76.690 Border county higher education opportunity project—Administration. The higher education coordinating board shall administer Washington’s participation in
the border county higher education opportunity project.
[2003 c 159 § 3; 2002 c 130 § 4; 1999 c 320 § 3. Formerly
RCW 28B.80.807.]
28B.76.690
Chapter 28B.85
Chapter 28B.85 RCW
DEGREE-GRANTING INSTITUTIONS
Sections
28B.85.010 Definitions.
28B.85.020 Board’s duties—Rules—Investigations—Interagency agreements for degree and nondegree programs—Information on
institutions offering substandard or fraudulent degree programs—Financial disclosure exempt from public disclosure.
28B.85.030 Current authorization required to offer or grant degree—Penalty for violation.
28B.85.040 Completion of program of study prerequisite to degree—
Application of chapter.
28B.85.045 Institutions offering teacher preparation programs—Exploration of methods to enhance awareness of teacher preparation
programs.
28B.85.050 Board may require information.
28B.85.060 Fees.
28B.85.070 Surety bonds—Security in lieu of bond—Cancellation of
bond—Notice—Claims.
28B.85.080 Suspension or modification of requirements authorized.
28B.85.090 Claims—Complaints—Investigations—Hearings—Orders.
28B.85.100 Violations—Civil penalties.
28B.85.120 Actions resulting in jurisdiction of courts.
28B.85.130 Educational records—Permanent file—Protection.
28B.85.140 Contracts voidable—When.
28B.85.150 Enforceability of debts—Authority to offer degree required.
28B.85.160 Actions to enforce chapter—Who may bring—Relief.
28B.85.170 Injunctive relief—Board may seek.
28B.85.180 Violation of chapter unfair or deceptive practice under RCW
19.86.020.
28B.85.190 Remedies and penalties in chapter nonexclusive and cumulative.
28B.85.220 False academic credentials—Unlawful acts—Violation of
consumer protection act—Venue.
28B.85.900 Severability—1986 c 136.
28B.85.902 Effective date—1986 c 136.
28B.85.905 Validity of registration under prior laws.
28B.85.906 Application of chapter to foreign degree-granting institution
branch campuses.
[Title 28B RCW—page 208]
28B.85.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Board" means the higher education coordinating
board.
(2) "Degree" means any designation, appellation, letters,
or words including but not limited to "associate," "bachelor,"
"master," "doctor," or "fellow" which signify or purport to
signify satisfactory completion of the requirements of an academic program of study beyond the secondary school level.
(3) "Degree-granting institution" means an entity that
offers educational credentials, instruction, or services prerequisite to or indicative of an academic or professional degree
beyond the secondary level. [1986 c 136 § 1.]
28B.85.010
28B.85.020 Board’s duties—Rules—Investigations—
Interagency agreements for degree and nondegree programs—Information on institutions offering substandard
or fraudulent degree programs—Financial disclosure
exempt from public disclosure. (1) The board:
(a) Shall adopt by rule, in accordance with chapter 34.05
RCW, minimum standards for degree-granting institutions
concerning granting of degrees, quality of education, unfair
business practices, financial stability, and other necessary
measures to protect citizens of this state against substandard,
fraudulent, or deceptive practices. The rules shall require that
an institution operating in Washington:
(i) Be accredited;
(ii) Have applied for accreditation and such application
is pending before the accrediting agency;
(iii) Have been granted a waiver by the board waiving
the requirement of accreditation; or
(iv) Have been granted an exemption by the board from
the requirements of this subsection (1)(a);
(b) May investigate any entity the board reasonably
believes to be subject to the jurisdiction of this chapter. In
connection with the investigation, the board may administer
oaths and affirmations, issue subpoenas and compel attendance, take evidence, and require the production of any
books, papers, correspondence, memorandums, or other
records which the board deems relevant or material to the
investigation. The board, including its staff and any other
authorized persons, may conduct site inspections, the cost of
which shall be borne by the institution, and examine records
of all institutions subject to this chapter;
(c) Shall develop an interagency agreement with the
workforce training and education coordinating board to regulate degree-granting private vocational schools with respect
to degree and nondegree programs; and
(d) Shall develop and disseminate information to the
public about entities that sell or award degrees without
requiring appropriate academic achievement at the postsecondary level, including but not limited to, a description of the
substandard and potentially fraudulent practices of these entities, and advice about how the public can recognize and avoid
the entities. To the extent feasible, the information shall
include links to additional resources that may assist the public in identifying specific institutions offering substandard or
fraudulent degree programs.
(2) Financial disclosures provided to the board by
degree-granting private vocational schools are not subject to
28B.85.020
(2008 Ed.)
Degree-Granting Institutions
public disclosure under chapter 42.56 RCW. [2006 c 234 § 3;
2005 c 274 § 246; 2004 c 96 § 1; 1996 c 305 § 1; 1994 c 38 §
1; 1986 c 136 § 2.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Severability—1996 c 305: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1996 c 305 § 5.]
28B.85.030 Current authorization required to offer
or grant degree—Penalty for violation. (1) A degreegranting institution shall not operate and shall not grant or
offer to grant any degree unless the institution has obtained
current authorization from the board.
(2) Any person, group, or entity or any owner, officer,
agent, or employee of such entity who willfully violates this
section is guilty of a gross misdemeanor and shall be punished by a fine not to exceed one thousand dollars or by
imprisonment in the county jail for a term not to exceed one
year, or by both such fine and imprisonment. Each day on
which a violation occurs constitutes a separate violation. The
criminal sanctions may be imposed by a court of competent
jurisdiction in an action brought by the attorney general of
this state. [2003 c 53 § 175; 1986 c 136 § 3.]
28B.85.030
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
28B.85.040 Completion of program of study prerequisite to degree—Application of chapter. (1) An institution
or person shall not advertise, offer, sell, or award a degree or
any other type of educational credential unless the student
has enrolled in and successfully completed a prescribed program of study, as outlined in the institution’s publications.
This prohibition shall not apply to honorary credentials
clearly designated as such on the front side of the diploma or
certificate and awarded by institutions offering other educational credentials in compliance with state law.
(2) No exemption or waiver granted under this chapter is
permanent. The board shall periodically review exempted
degree-granting institutions and degree-granting institutions
granted a waiver, and continue exemptions or waivers only if
an institution meets the statutory or board requirements for
exemption or waiver in effect on the date of the review.
(3) Except as provided in subsection (1) of this section,
this chapter shall not apply to:
(a) Any public college, university, community college,
technical college, or institute operating as part of the public
higher educational system of this state;
(b) Institutions that have been accredited by an accrediting association recognized by the agency for the purposes of
this chapter: PROVIDED, That those institutions meet minimum exemption standards adopted by the agency; and PROVIDED FURTHER, That an institution, branch, extension, or
facility operating within the state of Washington which is
affiliated with an institution operating in another state must
be a separately accredited member institution of any such
accrediting association to qualify for this exemption;
(c) Institutions of a religious character, but only as to
those education programs devoted exclusively to religious or
theological objectives if the programs are represented in an
28B.85.040
(2008 Ed.)
28B.85.070
accurate manner in institutional catalogs and other official
publications;
(d) Honorary credentials clearly designated as such on
the front side of the diploma or certificate awarded by institutions offering other educational credentials in compliance
with state law; or
(e) Institutions not otherwise exempt which offer only
workshops or seminars and institutions offering only creditbearing workshops or seminars lasting no longer than three
calendar days. [2006 c 234 § 4; 2004 c 96 § 2; 1996 c 97 § 1;
1994 c 38 § 2; 1986 c 136 § 4.]
28B.85.045 Institutions offering teacher preparation
programs—Exploration of methods to enhance awareness of teacher preparation programs. See RCW
28B.10.032.
28B.85.045
28B.85.050 Board may require information. All
degree-granting institutions subject to this chapter shall file
information with the board as the board may require. [1986 c
136 § 5.]
28B.85.050
28B.85.060 Fees. The board shall impose fees on any
degree-granting institution authorized to operate under this
chapter. Fees shall be set and revised by the board by rule at
the level necessary to approximately recover the staffing
costs incurred in administering this chapter. Fees shall be
deposited in the general fund. [1986 c 136 § 6.]
28B.85.060
28B.85.070 Surety bonds—Security in lieu of bond—
Cancellation of bond—Notice—Claims. (1) The board
may require any degree-granting institution to have on file
with the board an approved surety bond or other security in
lieu of a bond in an amount determined by the board.
(2) In lieu of a surety bond, an institution may deposit
with the board a cash deposit or other negotiable security
acceptable to the board. The security deposited with the
board in lieu of the surety bond shall be returned to the institution one year after the institution’s authorization has
expired or been revoked if legal action has not been instituted
against the institution or the security deposit at the expiration
of the year. The obligations and remedies relating to surety
bonds authorized by this section, including but not limited to
the settlement of claims procedure in subsection (5) of this
section, shall apply to deposits filed with the board, as applicable.
(3) Each bond shall:
(a) Be executed by the institution as principal and by a
corporate surety licensed to do business in the state;
(b) Be payable to the state for the benefit and protection
of any student or enrollee of an institution, or, in the case of a
minor, his or her parents or guardian;
(c) Be conditioned on compliance with all provisions of
this chapter and the board’s rules adopted under this chapter;
(d) Require the surety to give written notice to the board
at least thirty-five days before cancellation of the bond; and
(e) Remain in effect for one year following the effective
date of its cancellation or termination as to any obligation
occurring on or before the effective date of cancellation or
termination.
28B.85.070
[Title 28B RCW—page 209]
28B.85.080
Title 28B RCW: Higher Education
(4) Upon receiving notice of a bond cancellation, the
board shall notify the institution that the authorization will be
suspended on the effective date of the bond cancellation
unless the institution files with the board another approved
surety bond or other security. The board may suspend or
revoke the authorization at an earlier date if it has reason to
believe that such action will prevent students from losing
their tuition or fees.
(5) If a complaint is filed under RCW 28B.85.090(1)
against an institution, the board may file a claim against the
surety and settle claims against the surety by following the
procedure in this subsection.
(a) The board shall attempt to notify all potential claimants. If the absence of records or other circumstances makes
it impossible or unreasonable for the board to ascertain the
names and addresses of all the claimants, the board after
exerting due diligence and making reasonable inquiry to
secure that information from all reasonable and available
sources, may make a demand on a bond on the basis of information in the board’s possession. The board is not liable or
responsible for claims or the handling of claims that may subsequently appear or be discovered.
(b) Thirty days after notification, if a claimant fails,
refuses, or neglects to file with the board a verified claim, the
board shall be relieved of further duty or action under this
chapter on behalf of the claimant.
(c) After reviewing the claims, the board may make
demands upon the bond on behalf of those claimants whose
claims have been filed. The board may settle or compromise
the claims with the surety and may execute and deliver a
release and discharge of the bond.
(d) If the surety refuses to pay the demand, the board
may bring an action on the bond in behalf of the claimants. If
an action is commenced on the bond, the board may require a
new bond to be filed.
(e) Within ten days after a recovery on a bond or other
posted security has occurred, the institution shall file a new
bond or otherwise restore its security on file to the required
amount.
(6) The liability of the surety shall not exceed the amount
of the bond. [1986 c 136 § 7.]
28B.85.080 Suspension or modification of requirements authorized. The board may suspend or modify any of
the requirements under this chapter in a particular case if the
board finds that:
(1) The suspension or modification is consistent with the
purposes of this chapter; and
(2) The education to be offered addresses a substantial,
demonstrated need among residents of the state or that literal
application of this chapter would cause a manifestly unreasonable hardship. [1986 c 136 § 8.]
28B.85.080
authorized staff member of the board or by the attorney general.
(2) The board shall investigate any complaint under this
section and may attempt to bring about a settlement. The
board may hold a hearing pursuant to the Administrative Procedure Act, chapter 34.05 RCW, in order to determine
whether a violation has occurred. If the board prevails, the
degree-granting institution shall pay the costs of the administrative hearing.
(3) If, after the hearing, the board finds that the institution or its agent engaged in or is engaging in any unfair business practice, the board shall issue and cause to be served
upon the violator an order requiring the violator to cease and
desist from the act or practice and may impose the penalties
under RCW 28B.85.100. If the board finds that the complainant has suffered loss as a result of the act or practice, the
board may order full or partial restitution for the loss. The
complainant is not bound by the board’s determination of restitution and may pursue any other legal remedy. [1989 c 175
§ 82; 1986 c 136 § 9.]
Effective date—1989 c 175: See note following RCW 34.05.010.
28B.85.100 Violations—Civil penalties. Any person,
group, or entity or any owner, officer, agent, or employee of
such entity who wilfully violates any provision of this chapter or the rules adopted under this chapter shall be subject to
a civil penalty of not more than one hundred dollars for each
violation. Each day on which a violation occurs constitutes a
separate violation. The fine may be imposed by the higher
education coordinating board or by any court of competent
jurisdiction. [1986 c 136 § 10.]
28B.85.100
28B.85.120 Actions resulting in jurisdiction of
courts. A degree-granting institution, whether located in this
state or outside of this state, that conducts business of any
kind, makes any offers, advertises, solicits, or enters into any
contracts in this state or with a resident of this state is subject
to the jurisdiction of the courts of this state for any cause of
action arising from the acts. [1986 c 136 § 12.]
28B.85.120
28B.85.130 Educational records—Permanent file—
Protection. If any degree-granting institution discontinues
its operation, the chief administrative officer of the institution
shall file with the board the original or legible true copies of
all educational records required by the board. If the board
determines that any educational records are in danger of
being made unavailable to the board, the board may seek a
court order to protect and if necessary take possession of the
records. The board shall cause to be maintained a permanent
file of educational records coming into its possession. [1986
c 136 § 13.]
28B.85.130
28B.85.140 Contracts voidable—When. If a student
or prospective student is a resident of this state at the time any
contract relating to payment for education or any note, instrument, or other evidence of indebtedness relating thereto is
entered into, RCW 28B.85.150 shall govern the rights of the
parties to the contract or evidence of indebtedness. If a contract or evidence of indebtedness contains any of the follow28B.85.140
28B.85.090 Claims—Complaints—Investigations—
Hearings—Orders. (1) A person claiming loss of tuition or
fees as a result of an unfair business practice may file a complaint with the board. The complaint shall set forth the
alleged violation and shall contain information required by
the board. A complaint may also be filed with the board by an
28B.85.090
[Title 28B RCW—page 210]
(2008 Ed.)
Foreign Degree-Granting Branch Campuses
ing agreements, the contract is voidable at the option of the
student or prospective student:
(1) That the law of another state shall apply;
(2) That the maker or any person liable on the contract or
evidence of indebtedness consents to the jurisdiction of
another state;
(3) That another person is authorized to confess judgment on the contract or evidence of indebtedness; or
(4) That fixes venue. [1986 c 136 § 14.]
28B.85.150 Enforceability of debts—Authority to
offer degree required. A note, instrument, or other evidence
of indebtedness or contract relating to payment for education
for a degree is not enforceable in the courts of this state by a
degree-granting institution or holder of the instrument unless
the institution was authorized to offer the degree under this
chapter at the time the note, instrument, or other evidence of
indebtedness or contract was entered into. [1986 c 136 § 15.]
28B.85.150
28B.85.160 Actions to enforce chapter—Who may
bring—Relief. The attorney general or the prosecuting attorney of any county in which a degree-granting institution or
agent of the institution is found may bring an action in any
court of competent jurisdiction for the enforcement of this
chapter. The court may issue an injunction or grant any other
appropriate form of relief. [1986 c 136 § 16.]
28B.85.160
28B.90.005
(a) Grant or award a false academic credential or offer to
grant or award a false academic credential in violation of this
section;
(b) Represent that a credit earned or granted by the person, in violation of this section, can be applied toward a credential offered by another person; or
(c) Solicit another person to seek a credential or to earn a
credit that is offered in violation of this section.
(2) The definitions in RCW 9A.60.070 apply to this section.
(3) A violation of this section constitutes an unfair or
deceptive act or practice in the conduct of trade or commerce
under chapter 19.86 RCW.
(4) In addition to any other venue authorized by law,
venue for the prosecution of an offense under this section is
in the county in which an element of the offense occurs.
[2006 c 234 § 1.]
28B.85.900 Severability—1986 c 136. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1986 c 136 § 21.]
28B.85.900
28B.85.902 Effective date—1986 c 136. This act shall
take effect July 1, 1986. [1986 c 136 § 24.]
28B.85.902
28B.85.905 Validity of registration under prior laws.
A degree-granting institution registered under chapter 188,
Laws of 1979, as amended, as of June 30, 1986, is not
required to apply for authorization under chapter 28B.85
RCW until the expiration date of such registration. [1986 c
136 § 22.]
28B.85.905
28B.85.170 Injunctive relief—Board may seek. The
board may seek injunctive relief, after giving notice to the
affected party, in a court of competent jurisdiction for a violation of this chapter or the rules adopted under this chapter.
The board need not allege or prove that the board has no adequate remedy at law. The right of injunction provided in this
section is in addition to any other legal remedy which the
board has and is in addition to any right of criminal prosecution provided by law. The existence of board action with
respect to alleged violations of this chapter and rules adopted
under this chapter does not operate as a bar to an action for
injunctive relief under this section. [1986 c 136 § 17.]
28B.85.170
28B.85.906 Application of chapter to foreign degreegranting institution branch campuses. This chapter shall
not apply to any approved branch campus of a foreign
degree-granting institution in compliance with chapter
28B.90 RCW. [1993 c 181 § 7.]
28B.85.906
Chapter 28B.90
28B.85.180
28B.85.180 Violation of chapter unfair or deceptive
practice under RCW 19.86.020. A violation of this chapter
or the rules adopted under this chapter affects the public
interest and is an unfair or deceptive act or practice in violation of RCW 19.86.020 of the consumer protection act. The
remedies and sanctions provided by this section shall not preclude application of other remedies and sanctions. [1986 c
136 § 18.]
Chapter 28B.90 RCW
FOREIGN DEGREE-GRANTING
BRANCH CAMPUSES
Sections
28B.90.005 Findings.
28B.90.010 Definitions.
28B.90.020 Approval of foreign degree-granting institution as branch campus.
28B.90.030 Branch campuses exempt under chapter 28B.85 RCW.
28B.90.005 Findings. The legislature finds that it has
previously declared in *RCW 28B.107.005 that it is important to the economic future of the state to promote international awareness and understanding, and in RCW 1.20.100,
that the state’s economy and economic well-being depends
heavily on foreign trade and international exchange.
The legislature finds that it is appropriate that such policies should be implemented by encouraging universities and
colleges domiciled in foreign countries to establish branch
campuses in Washington and that it is also important to those
28B.90.005
28B.85.190 Remedies and penalties in chapter nonexclusive and cumulative. The remedies and penalties provided for in this chapter are nonexclusive and cumulative and
do not affect any other actions or proceedings. [1986 c 136 §
19.]
28B.85.190
28B.85.220
28B.85.220 False academic credentials—Unlawful
acts—Violation of consumer protection act—Venue. (1)
It is unlawful for a person to:
(2008 Ed.)
[Title 28B RCW—page 211]
28B.90.010
Title 28B RCW: Higher Education
foreign colleges and universities that their status as authorized foreign degree-granting institutions be recognized by
this state to facilitate the establishment and operation of such
branch campuses.
In the furtherance of such policy, the legislature adopts
the foreign degree-granting institution approved branch campus act. [1995 c 335 § 404; 1993 c 181 § 1.]
*Reviser’s note: RCW 28B.107.005 expired June 30, 1996, pursuant to
1990 c 243 § 8.
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
28B.90.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Degree" means any designation, appellation, certificate, letters or words including, but not limited to, "associate," "bachelor," "masters," "doctorate," or "fellow" that signifies, or purports to signify, satisfactory and successful completion of requirements of a postsecondary academic
program of study.
(2) "Foreign degree-granting institution" means a public
or private college or university, either profit or nonprofit:
(a) That is domiciled in a foreign country;
(b) That offers in its country of domicile credentials,
instruction, or services prerequisite to the obtaining of an academic or professional degree granted by such college or university; and
(c) That is authorized under the laws or regulations of its
country of domicile to operate a degree-granting institution in
that country.
(3) "Approved branch campus" means a foreign degreegranting institution’s branch campus that has been approved
by the higher education coordinating board to operate in the
state.
(4) "Branch campus" means an educational facility
located in the state that:
(a) Is either owned and operated directly by a foreign
degree-granting institution or indirectly through a Washington profit or nonprofit corporation in which the foreign
degree-granting institution is the sole or controlling shareholder or member; and
(b) Provides courses solely and exclusively to students
enrolled in a degree-granting program offered by the foreign
degree-granting institution who:
(i) Have received academic credit for courses of study
completed at the foreign degree-granting institution in its
country of domicile;
(ii) Will receive academic credit towards their degree
from the foreign degree-granting institution for the courses of
study completed at the educational facility in the state; and
(iii) Will return to the foreign degree-granting institution
in its country of domicile for completion of their degreegranting program or receipt of their degree.
(5) "Board" means the higher education coordinating
board. [1993 c 181 § 2.]
28B.90.010
28B.90.020 Approval of foreign degree-granting
institution as branch campus. A foreign degree-granting
institution that submits evidence satisfactory to the board of
its authorized status in its country of domicile and its intent to
28B.90.020
[Title 28B RCW—page 212]
establish an educational facility in the state is entitled to operate a branch campus as defined in RCW 28B.90.010. Upon
receipt of the satisfactory evidence, the board may certify that
the branch campus of the foreign degree-granting institution
is approved to operate in the state under this chapter, for as
long as the foreign degree-granting institution retains its
authorized status in its country of domicile. [1999 c 85 § 1;
1993 c 181 § 3.]
28B.90.030 Branch campuses exempt under chapter
28B.85 RCW. A branch campus of a foreign degree-granting institution previously found by the board to be exempt
from chapter 28B.85 RCW may continue to operate in the
state. However, within one year of July 25, 1993, the institution shall provide evidence of authorization as required under
RCW 28B.90.020. Upon receipt of the satisfactory evidence,
the board shall certify that the branch campus of the foreign
degree-granting institution is approved to operate in the state
under this chapter. [1993 c 181 § 4.]
28B.90.030
Chapter 28B.92 RCW
STATE STUDENT FINANCIAL AID PROGRAM
Chapter 28B.92
Sections
28B.92.010
28B.92.020
28B.92.030
28B.92.040
28B.92.050
28B.92.060
28B.92.070
28B.92.080
28B.92.085
28B.92.090
28B.92.100
28B.92.110
28B.92.120
28B.92.130
28B.92.140
28B.92.150
State need grant program established—Purpose.
State need grant program—Findings—Intent.
Definitions.
Board, guidelines in performance of duties.
Powers and duties of board.
State need grant awards.
Persian Gulf veterans—Limited application of RCW
28B.92.060.
Eligibility for state need grant.
Part-time students—Review of financial aid policies and procedures.
Aid granted without regard to applicant’s race, creed, color,
religion, sex, or ancestry.
Theology student denied aid.
Application of award.
Board to determine how funds disbursed.
Grants, gifts, bequests and devises of property.
State educational trust fund—Deposits—Expenditures.
Board rules.
28B.92.010 State need grant program established—
Purpose. The purposes of this chapter are to establish the
principles upon which the state financial aid programs will be
based and to establish the state of Washington state need
grant program, thus assisting financially needy or disadvantaged students domiciled in Washington to obtain the opportunity of attending an accredited institution of higher education. State need grants under this chapter are available only
to students who are resident students as defined in RCW
28B.15.012(2) (a) through (d). [2004 c 275 § 34; 1999 c 345
§ 2; 1993 sp.s. c 18 § 2; 1969 ex.s. c 222 § 7. Formerly RCW
28B.10.800, 28.76.430.]
28B.92.010
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060.
Legislative declaration—1969 ex.s. c 222: "The legislature hereby
declares that it regards the higher education of its qualified domiciliaries to
be a public purpose of great importance to the welfare and security of this
state and nation; and further declares that the establishment of a student
financial aid program, assisting financially needy or disadvantaged students
in this state to be a desirable and economical method of furthering this purpose. The legislature has concluded that the benefit to the state in assuring
(2008 Ed.)
State Student Financial Aid Program
the development of the talents of its qualified domiciliaries will bring tangible benefits to the state in the future.
The legislature further declares that there is an urgent need at present
for the establishment of a state of Washington student financial aid program,
and that the most efficient and economical way to meet this need is through
the plan prescribed in this act." [1969 ex.s. c 222 § 6.]
Severability—1969 ex.s. c 222: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1969 ex.s. c 222 § 24.]
State educational trust fund—Established—Deposits—Use: RCW
28B.92.140.
28B.92.020 State need grant program—Findings—
Intent. (1) The legislature finds that the higher education
coordinating board, in consultation with the higher education
community, has completed a review of the state need grant
program. It is the intent of the legislature to endorse the
board’s proposed changes to the state need grant program,
including:
(a) Reaffirmation that the primary purpose of the state
need grant program is to assist low-income, needy, and disadvantaged Washington residents attending institutions of
higher education;
(b) A goal that the base state need grant amount over
time be increased to be equivalent to the rate of tuition
charged to resident undergraduate students attending Washington state public colleges and universities;
(c) State need grant recipients be required to contribute a
portion of the total cost of their education through self-help;
(d) State need grant recipients be required to document
their need for dependent care assistance after taking into
account other public funds provided for like purposes; and
(e) Institutional aid administrators be allowed to determine whether a student eligible for a state need grant in a
given academic year may remain eligible for the ensuing year
if the student’s family income increases by no more than a
marginal amount except for funds provided through the educational assistance grant program for students with dependents.
(2) The legislature further finds that the higher education
coordinating board, under its authority to implement the proposed changes in subsection (1) of this section, should do so
in a timely manner.
(3) The legislature also finds that:
(a) In most circumstances, need grant eligibility should
not extend beyond five years or one hundred twenty-five percent of the published length of the program in which the student is enrolled or the credit or clock-hour equivalent; and
(b) State financial aid programs should continue to
adhere to the principle that funding follows resident students
to their choice of institution of higher education. [2003 c 19
§ 11; 1999 c 345 § 1. Formerly RCW 28B.10.801.]
28B.92.020
Finding—Intent—Short title—Captions not law—2003 c 19: See
RCW 28B.133.005, 28B.133.900, and 28B.133.901.
28B.92.030 Definitions. As used in this chapter:
(1) "Institution or institutions of higher education"
means:
(a) Any public university, college, community college,
or technical college operated by the state of Washington or
any political subdivision thereof; or
28B.92.030
(2008 Ed.)
28B.92.040
(b) Any other university, college, school, or institute in
the state of Washington offering instruction beyond the high
school level which is a member institution of an accrediting
association recognized by rule of the board for the purposes
of this section: PROVIDED, That any institution, branch,
extension or facility operating within the state of Washington
which is affiliated with an institution operating in another
state must be a separately accredited member institution of
any such accrediting association, or a branch of a member
institution of an accrediting association recognized by rule of
the board for purposes of this section, that is eligible for federal student financial aid assistance and has operated as a
nonprofit college or university delivering on-site classroom
instruction for a minimum of twenty consecutive years within
the state of Washington, and has an annual enrollment of at
least seven hundred full-time equivalent students: PROVIDED FURTHER, That no institution of higher education
shall be eligible to participate in a student financial aid program unless it agrees to and complies with program rules and
regulations adopted pursuant to RCW 28B.92.150.
(2) "Financial aid" means loans and/or grants to needy
students enrolled or accepted for enrollment as a student at
institutions of higher education.
(3) "Needy student" means a post high school student of
an institution of higher education who demonstrates to the
board the financial inability, either through the student’s parents, family and/or personally, to meet the total cost of board,
room, books, and tuition and incidental fees for any semester
or quarter.
(4) "Disadvantaged student" means a post high school
student who by reason of adverse cultural, educational, environmental, experiential, familial or other circumstances is
unable to qualify for enrollment as a full time student in an
institution of higher education, who would otherwise qualify
as a needy student, and who is attending an institution of
higher education under an established program designed to
qualify the student for enrollment as a full time student.
(5) "Board" means the higher education coordinating
board. [2004 c 275 § 35; 2002 c 187 § 1; 1989 c 254 § 2;
1985 c 370 § 56; 1979 ex.s. c 235 § 1; 1975 1st ex.s. c 132 §
16; 1969 ex.s. c 222 § 8. Formerly RCW 28B.10.802,
28.76.440.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Intent—1989 c 254: "It is the intent of the legislature that nothing in
this act shall prevent or discourage an individual from making an effort to
repay any state financial aid awarded during his or her collegiate career."
[1989 c 254 § 1.]
Effective date—Severability—1975 1st ex.s. c 132: See notes following RCW 28B.76.110.
Loan programs for mathematics and science teachers: RCW 28B.15.760
through 28B.15.766.
28B.92.040 Board, guidelines in performance of
duties. The board shall be cognizant of the following guidelines in the performance of its duties:
(1) The board shall be research oriented, not only at its
inception but continually through its existence.
(2) The board shall coordinate all existing programs of
financial aid except those specifically dedicated to a particular institution by the donor.
28B.92.040
[Title 28B RCW—page 213]
28B.92.050
Title 28B RCW: Higher Education
(3) The board shall take the initiative and responsibility
for coordinating all federal student financial aid programs to
ensure that the state recognizes the maximum potential effect
of these programs, and shall design state programs that complement existing federal, state, and institutional programs.
The board shall ensure that state programs continue to follow
the principle that state financial aid funding follows the student to the student’s choice of institution of higher education.
(4) Counseling is a paramount function of the state need
grant and other state student financial aid programs, and in
most cases could only be properly implemented at the institutional levels; therefore, state student financial aid programs
shall be concerned with the attainment of those goals which,
in the judgment of the board, are the reasons for the existence
of a student financial aid program, and not solely with administration of the program on an individual basis.
(5) The "package" approach of combining loans, grants
and employment for student financial aid shall be the conceptual element of the state’s involvement.
(6) The board shall ensure that allocations of state appropriations for financial aid are made to individuals and institutions in a timely manner and shall closely monitor expenditures to avoid under or overexpenditure of appropriated
funds. [2004 c 275 § 36; 1999 c 345 § 3; 1995 c 269 § 801;
1969 ex.s. c 222 § 10. Formerly RCW 28B.10.804,
28.76.450.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
28B.92.050 Powers and duties of board. The board
shall have the following powers and duties:
(1) Conduct a full analysis of student financial aid as a
means of:
(a) Fulfilling educational aspirations of students of the
state of Washington, and
(b) Improving the general, social, cultural, and economic
character of the state.
Such an analysis will be a continuous one and will yield
current information relevant to needed improvements in the
state program of student financial aid. The board will disseminate the information yielded by their analyses to all appropriate individuals and agents.
(2) Design a state program of student financial aid based
on the data of the study referred to in this section. The state
programs will supplement available federal and local aid programs. The state programs of student financial aid will not
exceed the difference between the budgetary costs of attending an institution of higher education and the student’s total
resources, including family support, personal savings,
employment, and federal, state, and local aid programs.
(3) Determine and establish criteria for financial need of
the individual applicant based upon the consideration of that
particular applicant. In making this determination the board
shall consider the following:
(a) Assets and income of the student.
(b) Assets and income of the parents, or the individuals
legally responsible for the care and maintenance of the student.
28B.92.050
[Title 28B RCW—page 214]
(c) The cost of attending the institution the student is
attending or planning to attend.
(d) Any other criteria deemed relevant to the board.
(4) Set the amount of financial aid to be awarded to any
individual needy or disadvantaged student in any school year.
(5) Award financial aid to needy or disadvantaged students for a school year based upon only that amount necessary to fill the financial gap between the budgetary cost of
attending an institution of higher education and the family
and student contribution.
(6) Review the need and eligibility of all applications on
an annual basis and adjust financial aid to reflect changes in
the financial need of the recipients and the cost of attending
the institution of higher education. [1999 c 345 § 4; 1989 c
254 § 3; 1969 ex.s. c 222 § 11. Formerly RCW 28B.10.806,
28.76.460.]
Intent—1989 c 254: See note following RCW 28B.92.030.
28B.92.060 State need grant awards. In awarding
need grants, the board shall proceed substantially as follows:
PROVIDED, That nothing contained herein shall be construed to prevent the board, in the exercise of its sound discretion, from following another procedure when the best interest
of the program so dictates:
(1) The board shall annually select the financial aid
award recipients from among Washington residents applying
for student financial aid who have been ranked according to:
(a) Financial need as determined by the amount of the
family contribution; and
(b) Other considerations, such as whether the student is a
former foster youth.
(2) The financial need of the highest ranked students
shall be met by grants depending upon the evaluation of
financial need until the total allocation has been disbursed.
Funds from grants which are declined, forfeited or otherwise
unused shall be reawarded until disbursed, except that eligible former foster youth shall be assured receipt of a grant.
(3) A student shall be eligible to receive a state need
grant for up to five years, or the credit or clock hour equivalent of five years, or up to one hundred twenty-five percent of
the published length of time of the student’s program. A student may not start a new associate degree program as a state
need grant recipient until at least five years have elapsed
since earning an associate degree as a need grant recipient,
except that a student may earn two associate degrees concurrently. Qualifications for renewal will include maintaining
satisfactory academic progress toward completion of an eligible program as determined by the board. Should the recipient
terminate his or her enrollment for any reason during the academic year, the unused portion of the grant shall be returned
to the state educational grant fund by the institution according to the institution’s own policy for issuing refunds, except
as provided in RCW 28B.92.070.
(4) In computing financial need, the board shall determine a maximum student expense budget allowance, not to
exceed an amount equal to the total maximum student
expense budget at the public institutions plus the current
average state appropriation per student for operating expense
in the public institutions. Any child support payments
28B.92.060
(2008 Ed.)
State Student Financial Aid Program
received by students who are parents attending less than halftime shall not be used in computing financial need.
(5)(a) A student who is enrolled in three to six creditbearing quarter credits, or the equivalent semester credits,
may receive a grant for up to one academic year before beginning a program that leads to a degree or certificate.
(b) An eligible student enrolled on a less-than-full-time
basis shall receive a prorated portion of his or her state need
grant for any academic period in which he or she is enrolled
on a less-than-full-time basis, as long as funds are available.
(c) An institution of higher education may award a state
need grant to an eligible student enrolled in three to six
credit-bearing quarter credits, or the semester equivalent, on
a provisional basis if:
(i) The student has not previously received a state need
grant from that institution;
(ii) The student completes the required free application
for federal student aid;
(iii) The institution has reviewed the student’s financial
condition, and the financial condition of the student’s family
if the student is a dependent student, and has determined that
the student is likely eligible for a state need grant; and
(iv) The student has signed a document attesting to the
fact that the financial information provided on the free application for federal student aid and any additional financial
information provided directly to the institution is accurate
and complete, and that the student agrees to repay the institution for the grant amount if the student submitted false or
incomplete information.
(6) As used in this section, "former foster youth" means
a person who is at least eighteen years of age, but not more
than twenty-four years of age, who was a dependent of the
department of social and health services at the time he or she
attained the age of eighteen. [2007 c 404 § 2; 2005 c 93 § 3;
2004 c 275 § 37; 1999 c 345 § 5; 1991 c 164 § 4; 1989 c 254
§ 4; 1969 ex.s. c 222 § 12. Formerly RCW 28B.10.808,
28.76.470.]
Findings—Intent—2005 c 93: See note following RCW 74.13.570.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.92.130
(3) Be enrolled or accepted for enrollment on at least a
half-time basis at an institution of higher education in Washington as defined in RCW 28B.92.030(1).
(4) Until June 30, 2011, to the extent funds are specifically appropriated for this purpose, and subject to any terms
and conditions specified in the omnibus appropriations act,
be enrolled or accepted for enrollment for at least three quarter credits or the equivalent semester credits at an institution
of higher education in Washington as defined in RCW
28B.92.030(1).
(5) Have complied with all the rules and regulations
adopted by the board for the administration of this chapter.
[2007 c 404 § 1; 2004 c 275 § 39; 1999 c 345 § 6; 1989 c 254
§ 5; 1969 ex.s. c 222 § 13. Formerly RCW 28B.10.810,
28.76.475.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Intent—1989 c 254: See note following RCW 28B.92.030.
28B.92.085 Part-time students—Review of financial
aid policies and procedures. Institutions of higher education are encouraged to review their policies and procedures
regarding financial aid for students taking a less-than-halftime course load, and to implement policies and procedures
providing students taking a less-than-half-time course load
with the same access to institutional aid, including tuition
waivers, as provided to students enrolled half time or more.
[2007 c 404 § 3.]
28B.92.085
28B.92.090 Aid granted without regard to applicant’s race, creed, color, religion, sex, or ancestry. All student financial aid shall be granted by the commission without
regard to the applicant’s race, creed, color, religion, sex, or
an cestry. [1 969 ex.s. c 222 § 14. Fo rmerly RCW
28B.10.812, 28.76.480.]
28B.92.090
28B.92.100 Theology student denied aid. No aid shall
be awarded to any student who is pursuing a degree in theology. [1969 ex.s. c 222 § 15. Formerly RCW 28B.10.814,
28.76.490.]
28B.92.100
Intent—1989 c 254: See note following RCW 28B.92.030.
28B.92.110 Application of award. A state financial
aid recipient under this chapter shall apply the award toward
the cost of tuition, room, board, books and fees at the institution of higher education attended. [2004 c 275 § 40; 1969
ex.s. c 222 § 16. Formerly RCW 28B.10.816, 28.76.500.]
28B.92.110
28B.92.070 Persian Gulf veterans—Limited application of RCW 28B.92.060. Under rules adopted by the board,
the provisions of RCW 28B.92.060(3) shall not apply to eligible students, as defined in RCW 28B.10.017, and eligible
students shall not be required to repay the unused portions of
grants received under the state student financial aid program.
[2004 c 275 § 38; 1991 c 164 § 3. Formerly RCW
28B.10.8081.]
28B.92.070
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.92.080 Eligibility for state need grant. For a student to be eligible for a state need grant a student must:
(1) Be a "needy student" or "disadvantaged student" as
determined by the board in accordance with RCW
28B.92.030 (3) and (4).
(2) Have been domiciled within the state of Washington
for at least one year.
28B.92.080
(2008 Ed.)
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.92.120 Board to determine how funds disbursed.
Funds appropriated for student financial assistance to be
granted pursuant to this chapter shall be disbursed as determined by the board. [2004 c 275 § 41; 1969 ex.s. c 222 § 17.
Formerly RCW 28B.10.818, 28.76.510.]
28B.92.120
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.92.130 Grants, gifts, bequests and devises of
property. The board shall be authorized to accept grants,
gifts, bequests, and devises of real and personal property
28B.92.130
[Title 28B RCW—page 215]
28B.92.140
Title 28B RCW: Higher Education
from any source for the purpose of granting financial aid in
addition to that funded by the state. [2004 c 275 § 42; 1969
ex.s. c 222 § 18. Formerly RCW 28B.10.820, 28.76.520.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.92.140 State educational trust fund—Deposits—
Expenditures. The state educational trust fund is hereby
established in the state treasury. The primary purpose of the
trust is to pledge statewide available college student assistance to needy or disadvantaged students, especially middle
and high school youth, considered at-risk of dropping out of
secondary education who participate in board-approved early
awareness and outreach programs and who enter any accredited Washington institution of postsecondary education
within two years of high school graduation.
The board shall deposit refunds and recoveries of student
financial aid funds expended in prior fiscal periods in such
account. The board may also deposit moneys that have been
contributed from other state, federal, or private sources.
Expenditures from the fund shall be for financial aid to
needy or disadvantaged students. The board may annually
expend such sums from the fund as may be necessary to fulfill the purposes of this section, including not more than three
percent for the costs to administer aid programs supported by
the fund. All earnings of investments of balances in the state
educational trust fund shall be credited to the trust fund.
Expenditures from the fund shall not be subject to appropriation but are subject to allotment procedures under chapter
43.88 RCW. [1997 c 269 § 1; 1996 c 107 § 1; 1991 sp.s. c 13
§ 12; 1985 c 57 § 10; 1981 c 55 § 1. Formerly RCW
28B.10.821.]
28B.92.140
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
28B.92.150 Board rules. The board shall adopt rules as
may be necessary or appropriate for effecting the provisions
of this chapter, in accordance with the provisions of chapter
34.05 RCW, the administrative procedure act. [2004 c 275 §
43; 1999 c 345 § 7; 1973 c 62 § 4; 1969 ex.s. c 222 § 19. Formerly RCW 28B.10.822, 28.76.530.]
28B.92.150
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
Chapter 28B.95
Chapter 28B.95 RCW
ADVANCED COLLEGE TUITION
PAYMENT PROGRAM
Sections
28B.95.010 Washington advanced college tuition payment program—
Established.
28B.95.020 Definitions.
28B.95.025 Offices and personnel.
28B.95.030 Administration of program—Tuition units—Promotion of
program—Authority of governing body.
28B.95.035 Committee members—Liability.
28B.95.040 Purchase of tuition units by organizations—Rules—Scholarship fund.
28B.95.050 Contractual obligation—Legally binding—Use of state appropriations.
[Title 28B RCW—page 216]
28B.95.060 Washington advanced college tuition payment program
account.
28B.95.070 Washington advanced college tuition payment program
account—Powers and duties of the investment board.
28B.95.080 Washington advanced college tuition payment program
account—Actuarial soundness—Adjustment of tuition credit
purchases.
28B.95.090 Discontinuation of program—Use of units—Refunds.
28B.95.100 Program planning—Consultation with public and private entities—Cooperation.
28B.95.110 Refunds.
28B.95.120 Tuition units exempt from bankruptcy and enforcement of
judgments.
28B.95.150 College savings program.
28B.95.160 GET ready for math and science scholarship program—
Tuition units—Ownership and redemption.
28B.95.900 Construction of chapter—Limitations.
28B.95.010 Washington advanced college tuition
payment program—Established. The Washington
advanced college tuition payment program is established to
help make higher education affordable and accessible to all
citizens of the state of Washington by offering a savings
incentive that will protect purchasers and beneficiaries
against rising tuition costs. The program is designed to
encourage savings and enhance the ability of Washington citizens to obtain financial access to institutions of higher education. In addition, the program encourages elementary and
secondary school students to do well in school as a means of
preparing for and aspiring to higher education attendance.
This program is intended to promote a well-educated and
financially secure population to the ultimate benefit of all citizens of the state of Washington. [1997 c 289 § 1.]
28B.95.010
28B.95.020 Definitions. The definitions in this section
apply throughout this chapter, unless the context clearly
requires otherwise.
(1) "Academic year" means the regular nine-month,
three-quarter, or two-semester period annually occurring
between August 1st and July 31st.
(2) "Account" means the Washington advanced college
tuition payment program account established for the deposit
of all money received by the board from eligible purchasers
and interest earnings on investments of funds in the account,
as well as for all expenditures on behalf of eligible beneficiaries for the redemption of tuition units and for the development of any authorized college savings program pursuant to
RCW 28B.95.150.
(3) "Board" means the higher education coordinating
board as defined in chapter 28B.76 RCW.
(4) "Committee on advanced tuition payment" or "committee" means a committee of the following members: The
state treasurer, the director of the office of financial management, the executive director of the higher education coordinating board, or their designees, and two members to be
appointed by the governor, one representing program participants and one private business representative with marketing,
public relations, or financial expertise.
(5) "Governing body" means the committee empowered
by the legislature to administer the Washington advanced
college tuition payment program.
(6) "Contractual obligation" means a legally binding
contract of the state with the purchaser and the beneficiary
establishing that purchases of tuition units will be worth the
28B.95.020
(2008 Ed.)
Advanced College Tuition Payment Program
same number of tuition units at the time of redemption as
they were worth at the time of the purchase.
(7) "Eligible beneficiary" means the person for whom
the tuition unit will be redeemed for attendance at an institution of higher education. The beneficiary is that person
named by the purchaser at the time that a tuition unit contract
is accepted by the governing body. Qualified organizations,
as allowed under section 529 of the federal internal revenue
code, purchasing tuition unit contracts as future scholarships
need not designate a beneficiary at the time of purchase.
(8) "Eligible purchaser" means an individual or organization that has entered into a tuition unit contract with the
governing body for the purchase of tuition units for an eligible beneficiary. The state of Washington may be an eligible
purchaser for purposes of purchasing tuition units to be held
for granting Washington college bound scholarships.
(9) "Full-time tuition charges" means resident tuition
charges at a state institution of higher education for enrollments between ten credits and eighteen credit hours per academic term.
(10) "Institution of higher education" means an institution that offers education beyond the secondary level and is
recognized by the internal revenue service under chapter 529
of the internal revenue code.
(11) "Investment board" means the state investment
board as defined in chapter 43.33A RCW.
(12) "State institution of higher education" means institutions of higher education as defined in RCW 28B.10.016.
(13) "Tuition and fees" means undergraduate tuition and
services and activities fees as defined in RCW 28B.15.020
and 28B.15.041 rounded to the nearest whole dollar. For purposes of this chapter, services and activities fees do not
include fees charged for the payment of bonds heretofore or
hereafter issued for, or other indebtedness incurred to pay, all
or part of the cost of acquiring, constructing, or installing any
lands, buildings, or facilities.
(14) "Tuition unit contract" means a contract between an
eligible purchaser and the governing body, or a successor
agency appointed for administration of this chapter, for the
purchase of tuition units for a specified beneficiary that may
be redeemed at a later date for an equal number of tuition
units.
(15) "Unit purchase price" means the minimum cost to
purchase one tuition unit for an eligible beneficiary. Generally, the minimum purchase price is one percent of the undergraduate tuition and fees for the current year, rounded to the
nearest whole dollar, adjusted for the costs of administration
and adjusted to ensure the actuarial soundness of the account.
The analysis for price setting shall also include, but not be
limited to consideration of past and projected patterns of
tuition increases, program liability, past and projected investment returns, and the need for a prudent stabilization reserve.
[2007 c 405 § 8; 2005 c 272 § 1; 2004 c 275 § 59; 2001 c 184
§ 1; 2000 c 14 § 1; 1997 c 289 § 2.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.95.025 Offices and personnel. The board shall
maintain appropriate offices and employ and fix compensation of such personnel as may be necessary to perform the
advanced college tuition payment program duties. The board
28B.95.025
(2008 Ed.)
28B.95.030
shall consult with the governing body on the selection, compensation, and other issues relating to the employment of the
program director. The positions are exempt from classified
service under chapter 41.06 RCW. The employees shall be
employees of the higher education coordinating board. [2000
c 14 § 2; 1998 c 69 § 2.]
Effective date—1998 c 69: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 20, 1998]." [1998 c 69 § 6.]
28B.95.030 Administration of program—Tuition
units—Promotion of program—Authority of governing
body. (1) The Washington advanced college tuition payment
program shall be administered by the committee on advanced
tuition payment which shall be chaired by the executive
director of the board. The committee shall be supported by
staff of the board.
(2)(a) The Washington advanced college tuition payment program shall consist of the sale of tuition units, which
may be redeemed by the beneficiary at a future date for an
equal number of tuition units regardless of any increase in the
price of tuition, that may have occurred in the interval.
(b) Each purchase shall be worth a specific number of or
fraction of tuition units at each state institution of higher education as determined by the governing body.
(c) The number of tuition units necessary to pay for a full
year’s, full-time undergraduate tuition and fee charges at a
state institution of higher education shall be set by the governing body at the time a purchaser enters into a tuition unit
contract.
(d) The governing body may limit the number of tuition
units purchased by any one purchaser or on behalf of any one
beneficiary, however, no limit may be imposed that is less
than that necessary to achieve four years of full-time, undergraduate tuition charges at a state institution of higher education. The governing body also may, at its discretion, limit the
number of participants, if needed, to ensure the actuarial
soundness and integrity of the program.
(e) While the Washington advanced college tuition payment program is designed to help all citizens of the state of
Washington, the governing body may determine residency
requirements for eligible purchasers and eligible beneficiaries to ensure the actuarial soundness and integrity of the program.
(3)(a) No tuition unit may be redeemed until two years
after the purchase of the unit. Units may be redeemed for
enrollment at any institution of higher education that is recognized by the internal revenue service under chapter 529 of
the internal revenue code.
(b) Units redeemed at a nonstate institution of higher
education or for graduate enrollment shall be redeemed at the
rate for state public institutions in effect at the time of
redemption.
(4) The governing body shall determine the conditions
under which the tuition benefit may be transferred to another
family member. In permitting such transfers, the governing
body may not allow the tuition benefit to be bought, sold, bartered, or otherwise exchanged for goods and services by
either the beneficiary or the purchaser.
28B.95.030
[Title 28B RCW—page 217]
28B.95.035
Title 28B RCW: Higher Education
(5) The governing body shall administer the Washington
advanced college tuition payment program in a manner reasonably designed to be actuarially sound, such that the assets
of the trust will be sufficient to defray the obligations of the
trust including the costs of administration. The governing
body may, at its discretion, discount the minimum purchase
price for certain kinds of purchases such as those from families with young children, as long as the actuarial soundness of
the account is not jeopardized.
(6) The governing body shall annually determine current
value of a tuition unit.
(7) The governing body shall promote, advertise, and
publicize the Washington advanced college tuition payment
program.
(8) In addition to any other powers conferred by this
chapter, the governing body may:
(a) Impose reasonable limits on the number of tuition
units or units that may be used in any one year;
(b) Determine and set any time limits, if necessary, for
the use of benefits under this chapter;
(c) Impose and collect administrative fees and charges in
connection with any transaction under this chapter;
(d) Appoint and use advisory committees as needed to
provide program direction and guidance;
(e) Formulate and adopt all other policies and rules necessary for the efficient administration of the program;
(f) Consider the addition of an advanced payment program for room and board contracts and also consider a college savings program;
(g) Purchase insurance from insurers licensed to do business in the state, to provide for coverage against any loss in
connection with the account’s property, assets, or activities or
to further insure the value of the tuition units;
(h) Make, execute, and deliver contracts, conveyances,
and other instruments necessary to the exercise and discharge
of its powers and duties under this chapter;
(i) Contract for the provision for all or part of the services necessary for the management and operation of the program with other state or nonstate entities authorized to do
business in the state;
(j) Contract for other services or for goods needed by the
governing body in the conduct of its business under this chapter;
(k) Contract with financial consultants, actuaries, auditors, and other consultants as necessary to carry out its
responsibilities under this chapter;
(l) Solicit and accept cash donations and grants from any
person, governmental agency, private business, or organization; and
(m) Perform all acts necessary and proper to carry out
the duties and responsibilities of this program under this
chapter. [2005 c 272 § 2; 2000 c 14 § 3; 1997 c 289 § 3.]
28B.95.035 Committee members—Liability. No
member of the committee is liable for the negligence, default,
or failure of any other person or members of the committee to
perform the duties of office and no member may be considered or held to be an insurer of the funds or assets of any of
the advanced college tuition payment program. [1998 c 69 §
3.]
28B.95.035
[Title 28B RCW—page 218]
Effective date—1998 c 69: See note following RCW 28B.95.025.
28B.95.040 Purchase of tuition units by organizations—Rules—Scholarship fund. The governing body
may, at its discretion, allow an organization to purchase
tuition units for future use as scholarships. Such organizations electing to purchase tuition units for this purpose must
enter into a contract with the governing body which, at a minimum, ensures that the scholarship shall be freely given by
the purchaser to a scholarship recipient. For such purchases,
the purchaser need not name a beneficiary until four months
before the date when the tuition units are first expected to be
used.
The governing body shall formulate and adopt such rules
as are necessary to determine which organizations may qualify to purchase tuition units for scholarships under this section. The governing body also may consider additional rules
for the use of tuition units if purchased as scholarships.
The governing body may establish a scholarship fund
with moneys from the Washington advanced college tuition
payment program account. A scholarship fund established
under this authority shall be administered by the higher education coordinating board and shall be provided to students
who demonstrate financial need. Financial need is not a criterion that any other organization need consider when using
tuition units as scholarships. The board also may establish its
own corporate-sponsored scholarship fund under this chapter. [1997 c 289 § 4.]
28B.95.040
28B.95.050 Contractual obligation—Legally binding—Use of state appropriations. The Washington
advanced college tuition payment program is an essential
state governmental function. Contracts with eligible participants shall be contractual obligations legally binding on the
state as set forth in this chapter. If, and only if, the moneys in
the account are projected to be insufficient to cover the state’s
contracted expenses for a given biennium, then the legislature
shall appropriate to the account the amount necessary to
cover such expenses.
The tuition and fees charged by an eligible institution of
higher education to an eligible beneficiary for a current
enrollment shall be paid by the account to the extent the beneficiary has remaining unused tuition units for the appropriate school. [2000 c 14 § 4; 1997 c 289 § 5.]
28B.95.050
28B.95.060 Washington advanced college tuition
payment program account. (1) The Washington advanced
college tuition payment program account is created in the
custody of the state treasurer. The account shall be a discrete
nontreasury account retaining its interest earnings in accordance with RCW 43.79A.040.
(2)(a) Except as provided in (b) of this subsection, the
governing body shall deposit in the account all money
received for the program. The account shall be self-sustaining and consist of payments received from purchasers of
tuition units and funds received from other sources, public or
private. With the exception of investment and operating
costs associated with the investment of money by the investment board paid under RCW 43.33A.160 and 43.84.160, the
account shall be credited with all investment income earned
by the account. Disbursements from the account are exempt
28B.95.060
(2008 Ed.)
Advanced College Tuition Payment Program
from appropriations and the allotment provisions of chapter
43.88 RCW. Money used for program administration is subject to the allotment of all expenditures. However, an appropriation is not required for such expenditures. Program
administration shall include, but not be limited to: The salaries and expenses of the program personnel including lease
payments, travel, and goods and services necessary for program operation; contracts for program promotion and advertisement, audits, and account management; and other general
costs of conducting the business of the program.
(b) All money received by the program from the higher
education coordinating board for the GET ready for math and
science scholarship program shall be deposited in the GET
ready for math and science scholarship account created in
RCW 28B.105.110.
(3) The assets of the account may be spent without
appropriation for the purpose of making payments to institutions of higher education on behalf of the qualified beneficiaries, making refunds, transfers, or direct payments upon the
termination of the Washington advanced college tuition payment program. Disbursements from the account shall be
made only on the authorization of the governing body.
(4) With regard to the assets of the account, the state acts
in a fiduciary, not ownership, capacity. Therefore the assets
of the program are not considered state money, common
cash, or revenue to the state. [2007 c 214 § 13; 2000 c 14 §
5; 1998 c 69 § 4; 1997 c 289 § 6.]
Effective date—1998 c 69: See note following RCW 28B.95.025.
28B.95.070
28B.95.070 Washington advanced college tuition
payment program account—Powers and duties of the
investment board. (1) The investment board has the full
power to invest, reinvest, manage, contract, sell, or exchange
investment money in the account. All investment and operating costs associated with the investment of money shall be
paid pursuant to RCW 43.33A.160 and 43.84.160. With the
exception of these expenses, the earnings from the investment of the money shall be retained by the account.
(2) All investments made by the investment board shall
be made with the exercise of that degree of judgment and care
pursuant to RCW 43.33A.140 and the investment policy
established by the state investment board.
(3) As deemed appropriate by the investment board,
money in the account may be commingled for investment
with other funds subject to investment by the board.
(4) The authority to establish all policies relating to the
account, other than the investment policies as set forth in subsections (1) through (3) of this section, resides with the governing body. With the exception of expenses of the investment board set forth in subsection (1) of this section, disbursements from the account shall be made only on the
authorization of the governing body, and money in the
account may be spent only for the purposes of the program as
specified in this chapter.
(5) The investment board shall routinely consult and
communicate with the governing body on the investment policy, earnings of the trust, and related needs of the program.
[2000 c 14 § 6; 1997 c 289 § 7.]
(2008 Ed.)
28B.95.100
28B.95.080 Washington advanced college tuition
payment program account—Actuarial soundness—
Adjustment of tuition credit purchases. The governing
body shall annually evaluate, and cause to be evaluated by a
nationally recognized actuary, the soundness of the account
and determine the additional assets needed, if any, to defray
the obligations of the account.
If funds are not sufficient to ensure the actuarial soundness of the account, the governing body shall adjust the price
of subsequent tuition credit purchases to ensure its soundness.
If there are insufficient numbers of new purchases to
ensure the actuarial soundness of the account, the governing
body shall request such funds from the legislature as are
required to ensure the integrity of the program. Funds may be
appropriated directly to the account or appropriated under the
condition that they be repaid at a later date. The repayment
shall be made at such time that the account is again determined to be actuarially sound. [1997 c 289 § 8.]
28B.95.080
28B.95.090 Discontinuation of program—Use of
units—Refunds. (1) In the event that the state determines
that the program is not financially feasible, or for any other
reason, the state may declare the discontinuance of the program. At the time of such declaration, the governing body
will cease to accept any further tuition unit contracts or purchases.
(2) The remaining tuition units for all beneficiaries who
have either enrolled in higher education or who are within
four years of graduation from a secondary school shall be
honored until such tuition units have been exhausted, or for
ten fiscal years from the date that the program has been discontinued, whichever comes first. All other contract holders
shall receive a refund equal to the value of the current tuition
units in effect at the time that the program was declared discontinued.
(3) At the end of the ten-year period, any tuition units
remaining unused by currently active beneficiaries enrolled
in higher education shall be refunded at the value of the current tuition unit in effect at the end of that ten-year period.
(4) At the end of the ten-year period, all other funds
remaining in the account not needed to make refunds or to
pay for administrative costs shall be deposited to the state
general fund.
(5) The governing body may make refunds under other
exceptional circumstances as it deems fit, however, no tuition
units may be honored after the end of the tenth fiscal year following the declaration of discontinuance of the program.
[2005 c 272 § 3; 1997 c 289 § 9.]
28B.95.090
28B.95.100 Program planning—Consultation with
public and private entities—Cooperation. (1) The governing body, in planning and devising the program, shall consult
with the investment board, the state treasurer, the office of
financial management, and the institutions of higher education.
(2) The governing body may seek the assistance of the
state agencies named in subsection (1) of this section, private
financial institutions, and any other qualified party with experience in the areas of accounting, actuary, risk management,
or investment management to assist with preparing an
28B.95.100
[Title 28B RCW—page 219]
28B.95.110
Title 28B RCW: Higher Education
accounting of the program and ensuring the fiscal soundness
of the account.
(3) State agencies and public institutions of higher education shall fully cooperate with the governing body in matters relating to the program in order to ensure the solvency of
the account and ability of the governing body to meet outstanding commitments. [2000 c 14 § 7; 1997 c 289 § 10.]
28B.95.120 Tuition units exempt from bankruptcy
and enforcement of judgments. In regard to bankruptcy filings and enforcement of judgments under Title 6 RCW,
tuition units purchased more than two years prior to the date
of filing or judgment will be considered excluded personal
assets. [2005 c 272 § 5.]
28B.95.120
28B.95.150 College savings program. (1) The committee may establish a college savings program. If such a program is established, the college savings program shall be
established, in such form as may be determined by the committee, to be a qualified state tuition program as defined by
the internal revenue service under section 529 of the internal
revenue code, and shall be administered in a manner consistent with the Washington advanced college tuition payment
program. The committee, in planning and devising the program, shall consult with the state investment board, the state
treasurer, a qualified actuarial consulting firm with appropriate expertise to evaluate such plans, the legislative fiscal and
higher education committees, and the institutions of higher
education.
(2) Up to two hundred thousand dollars of administrative
fees collected from guaranteed education tuition program
participants may be applied as a loan to fund the development
of a college savings program. This loan must be repaid with
interest before the conclusion of the biennium in which the
committee draws funds for this purpose from the advanced
college tuition payment program account.
(3) If such a college savings program is established, the
college savings program account is created in the custody of
the state treasurer for the purpose of administering the college savings program. If created, the account shall be a discrete nontreasury account in the custody of the state treasurer.
Interest earnings shall be retained in accordance with RCW
43.79A.040. Disbursements from the account, except for program administration, are exempt from appropriations and the
allotment provisions of chapter 43.88 RCW. Money used for
program administration is subject to the allotment provisions,
but without appropriation.
(4) The committee, after consultation with the state
investment board, shall determine the investment policies for
the college savings program. Program contributions may be
invested by the state investment board or the committee may
contract with an investment company licensed to conduct
business in this state to do the investing. The committee shall
keep or cause to be kept full and adequate accounts and
records of the assets of each individual participant in the college savings program.
(5) Neither the state nor any eligible educational institution may be considered or held to be an insurer of the funds
or assets of the individual participant accounts in the college
savings program created under this section nor may any such
entity be held liable for any shortage of funds in the event that
balances in the individual participant accounts are insufficient to meet the educational expenses of the institution chosen by the student for which the individual participant
account was intended.
(6) The committee shall adopt rules to implement this
section. Such rules shall include but not be limited to administration, investment management, promotion, and marketing; compliance with internal revenue service standards;
28B.95.150
28B.95.110 Refunds. (1) The intent of the Washington
advanced college tuition payment program is to redeem
tuition units for attendance at an institution of higher education. Refunds shall be issued under specific conditions that
may include the following:
(a) Certification that the beneficiary, who is eighteen
years of age or older, will not attend an institution of higher
education, will result in a refund not to exceed the current
value, as determined by the governing body, in effect at the
time of such certification minus a penalty at the rate established by the governing body. The refund shall be made no
sooner than ninety days after such certification, less any
administrative processing fees assessed by the governing
body;
(b) If there is certification of the death or disability of the
beneficiary, the refund shall be equal to one hundred percent
of any remaining unused tuition units at the current value, as
determined by the governing body, at the time that such certification is submitted to the governing body, less any administrative processing fees assessed by the governing body;
(c) If there is certification by the student of graduation or
program completion, the refund shall be as great as one hundred percent of any remaining unused tuition units at the current value, as determined by the governing body, at the time
that such certification is submitted to the governing body,
less any administrative processing fees assessed by the governing body. The governing body may, at its discretion,
impose a penalty if needed to comply with federal tax rules;
(d) If there is certification of other tuition and fee scholarships, which will cover the cost of tuition for the eligible
beneficiary. The refund shall be equal to one hundred percent of the current value of tuition units, as determined by the
governing body, in effect at the time of the refund request,
less any administrative processing fees assessed by the governing body. The refund under this subsection may not
exceed the value of the scholarship;
(e) Incorrect or misleading information provided by the
purchaser or beneficiaries may result in a refund of the purchaser’s investment, less any administrative processing fees
assessed by the governing body. The value of the refund will
not exceed the actual dollar value of the purchaser’s contributions; and
(f) The governing body may determine other circumstances qualifying for refunds of remaining unused tuition
units and may determine the value of that refund.
(2) With the exception of subsection (1)(b), (e), and (f)
of this section no refunds may be made before the units have
been held for two years. [2005 c 272 § 4; 2001 c 184 § 3;
2000 c 14 § 8; 1997 c 289 § 12.]
28B.95.110
Effective date—2001 c 184 § 3: "Section 3 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
July 1, 2001." [2001 c 184 § 5.]
[Title 28B RCW—page 220]
(2008 Ed.)
Educational Opportunity Grant Program—Placebound Students
application procedures and fees; start-up costs; phasing in the
savings program and withdrawals therefrom; deterrents to
early withdrawals and provisions for hardship withdrawals;
and reenrollment in the savings program after withdrawal.
(7) The committee may, at its discretion, determine to
cease operation of the college savings program if it determines the continuation is not in the best interest of the state.
The committee shall adopt rules to implement this section
addressing the orderly distribution of assets. [2001 c 184 §
2.]
28B.95.160 GET ready for math and science scholarship program—Tuition units—Ownership and redemption. Ownership of tuition units purchased by the higher education coordinating board for the GET ready for math and
science scholarship program under RCW 28B.105.070 shall
be in the name of the state of Washington and may be
redeemed by the state of Washington on behalf of recipients
of GET ready for math and science scholarship program
scholarships for tuition and fees. [2007 c 214 § 12.]
28B.95.160
28B.95.900 Construction of chapter—Limitations.
This chapter shall not be construed as a promise that any beneficiary shall be granted admission to any institution of
higher education, will earn any specific or minimum number
of academic credits, or will graduate from any such institution. In addition, this chapter shall not be construed as a
promise of either course or program availability.
Participation in this program does not guarantee an eligible beneficiary the right to resident tuition and fees. To qualify for resident and respective tuition subsidies, the eligible
beneficiary must meet the applicable provisions of RCW
28B.15.011 through 28B.15.015.
This chapter shall not be construed to imply that the
redemption of tuition units shall be equal to any value greater
than the undergraduate tuition and services and activities fees
at a state institution of higher education as computed under
this chapter. Eligible beneficiaries will be responsible for
payment of any other fee that does not qualify as a services
and activities fee including, but not limited to, any expenses
for tuition surcharges, tuition overload fees, laboratory fees,
equipment fees, book fees, rental fees, room and board
charges, or fines. [1997 c 289 § 11.]
28B.95.900
Chapter 28B.101
Chapter 28B.101 RCW
EDUCATIONAL OPPORTUNITY GRANT
PROGRAM—PLACEBOUND STUDENTS
Sections
28B.101.005
28B.101.010
28B.101.020
28B.101.030
28B.101.040
Finding—Intent.
Program created.
Definition—Eligibility.
Administration of program—Payments to participants.
Use of grants.
Opportunity grant program: RCW 28B.50.271 and 28B.50.272.
28B.101.005 Finding—Intent. The legislature finds
that many individuals in the state of Washington have
attended college and received an associate of arts or associate
of science degree, or the equivalent, but are placebound.
28B.101.005
(2008 Ed.)
28B.101.040
The legislature intends to establish an educational opportunity grant program for placebound students who have completed an associate of arts or associate of science degree, or
the equivalent, in an effort to increase their participation in
and completion of upper-division programs. [2003 c 233 § 1;
1990 c 288 § 2.]
28B.101.010 Program created. The educational
opportunity grant program is hereby created to serve placebound financially needy students by assisting them to obtain
a baccalaureate degree at public and private institutions of
higher education approved for participation by the higher
education coordinating board. [2003 c 233 § 2; 1990 c 288 §
3.]
28B.101.010
28B.101.020 Definition—Eligibility. (1) For the purposes of this chapter, "placebound" means unable to complete a college program because of family or employment
commitments, health concerns, monetary inability, or other
similar factors.
(2) To be eligible for an educational opportunity grant,
applicants must be placebound residents of the state of Washington as defined in RCW 28B.15.012(2) (a) through (d),
wh o : ( a ) Ar e n e e d y st u d e n ts a s d e f in e d in RC W
28B.92.030(3); and (b) have completed the associate of arts
or associate of science degree or the equivalent. A placebound resident is one who may be influenced by the receipt
of an enhanced student financial aid award to complete a baccalaureate degree at an eligible institution. An eligible placebound applicant is further defined as a person who would be
unable to complete a baccalaureate course of study but for
receipt of an educational opportunity grant. [2004 c 275 § 67;
2003 c 233 § 3; 1990 c 288 § 4.]
28B.101.020
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.101.030 Administration of program—Payments
to participants. The higher education coordinating board
shall develop and administer the educational opportunity
grant program. The board shall adopt necessary rules and
guidelines and develop criteria and procedures to select eligible participants in the program. Payment shall be made
directly to the eligible participant periodically upon verification of enrollment and satisfactory progress towards degree
completion. [1990 c 288 § 5.]
28B.101.030
28B.101.040 Use of grants. Grants may be used by eligible participants to attend any public or private college or
university in the state of Washington that is accredited by an
accrediting association recognized by rule of the higher education coordinating board for the program and that complies
with eligibility criteria established by rule of the higher education coordinating board. The participant shall not be eligible for a grant if it will be used for any programs that include
religious worship, exercise, or instruction or to pursue a
degree in theology. Each participating student may receive
up to two thousand five hundred dollars per academic year,
not to exceed the student’s demonstrated financial need for
the course of study. [2003 c 233 § 4; 2002 c 186 § 3. Prior:
1993 sp.s. c 18 § 35; 1993 c 385 § 2; 1990 c 288 § 6.]
28B.101.040
[Title 28B RCW—page 221]
Chapter 28B.102
Title 28B RCW: Higher Education
Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060.
Chapter 28B.102
Chapter 28B.102 RCW
FUTURE TEACHERS CONDITIONAL
SCHOLARSHIP AND LOAN
REPAYMENT PROGRAM
Sections
28B.102.010
28B.102.020
28B.102.030
28B.102.040
28B.102.045
28B.102.050
Intent—Legislative findings.
Definitions.
Program created—Powers and duties of board.
Selection of participants—Processes—Criteria.
Satisfactory progress required.
Award of conditional scholarships and loan repayments—
Amount—Duration.
28B.102.055 Loan repayment agreements—Rules.
28B.102.060 Repayment obligation.
28B.102.080 Future teachers conditional scholarship account.
28B.102.010 Intent—Legislative findings. The legislature finds that encouraging outstanding students to enter the
teaching profession is of paramount importance to the state of
Washington. By creating the future teachers conditional
scholarship and loan repayment program, the legislature
intends to assist in the effort to recruit as future teachers individuals who have distinguished themselves through outstanding academic achievement or demonstrated their commitment to teaching through work as a paraprofessional in the
public school system, and who can act as role models for children. The legislature urges business, industry, and philanthropic community organizations to join with state government in making this program successful. [2004 c 58 § 1;
1987 c 437 § 1.]
28B.102.010
28B.102.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Conditional scholarship" means a loan that is forgiven in whole or in part if the recipient renders service as a
teacher in an approved education program in this state.
(2) "Institution of higher education" or "institution"
means a college or university in the state of Washington that
is accredited by an accrediting association recognized as such
by rule of the higher education coordinating board.
(3) "Board" means the higher education coordinating
board.
(4) "Eligible student" means a student who is registered
for at least six credit hours or the equivalent, demonstrates
high academic achievement, is a resident student as defined
by RCW 28B.15.012 and 28B.15.013, and has a declared
intention to complete an approved preparation program leading to initial teacher certification or required for earning an
additional endorsement, and commits to teaching service in
the state of Washington.
(5) "Public school" means an elementary school, a middle school, junior high school, or high school within the public school system referred to in Article IX of the state Constitution.
(6) "Forgiven" or "to forgive" or "forgiveness" means to
render service as a teacher in an approved education program
in the state of Washington in lieu of monetary repayment.
(7) "Satisfied" means paid-in-full.
28B.102.020
[Title 28B RCW—page 222]
(8) "Participant" means an eligible student who has
received a conditional scholarship or loan repayment under
this chapter.
(9) "Loan repayment" means a federal student loan that
is repaid in whole or in part if the recipient renders service as
a teacher in an approved education program in Washington
state.
(10) "Approved education program" means an education
program in the state of Washington for knowledge and skills
generally learned in preschool through twelfth grade.
Approved education programs may include but are not limited to:
(a) K-12 schools under Title 28A RCW; or
(b) Other K-12 educational sites in the state of Washington as designated by the board.
(11) "Equalization fee" means the additional amount
added to the principal of a loan under this chapter to equate
the debt to that which the student would have incurred if the
loan had been received through the federal subsidized
Stafford student loan program.
(12) "Teacher shortage area" means a shortage of elementary or secondary school teachers in a specific subject
area, discipline, classification, or geographic area as defined
by the office of the superintendent of public instruction.
[2004 c 58 § 2; 1996 c 53 § 1; 1993 sp.s. c 18 § 36; 1987 c 437
§ 2.]
Effective date—1996 c 53: "This act shall take effect July 1, 1996."
[1996 c 53 § 3.]
Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060.
28B.102.030 Program created—Powers and duties of
board. The future teachers conditional scholarship and loan
repayment program is established. The program shall be
administered by the higher education coordinating board. In
administering the program, the board shall have the following
powers and duties:
(1) Select students to receive conditional scholarships or
loan repayments;
(2) Adopt necessary rules and guidelines;
(3) Publicize the program;
(4) Collect and manage repayments from students who
do not meet their teaching obligations under this chapter; and
(5) Solicit and accept grants and donations from public
and private sources for the program. [2004 c 58 § 3; 1987 c
437 § 3.]
28B.102.030
28B.102.040 Selection of participants—Processes—
Criteria. (1) The board may select participants based on an
application process conducted by the board or the board may
utilize selection processes for similar students in cooperation
with the professional educator standards board or the office
of the superintendent of public instruction.
(2) If the board selects participants for the program, it
shall establish a selection committee for screening and selecting recipients of the conditional scholarships. The criteria
shall emphasize factors demonstrating excellence including
but not limited to superior scholastic achievement, leadership
ability, community contributions, bilingual ability, willingness to commit to providing teaching service in shortage
areas, and an ability to act as a role model for students. Priority will be given to individuals seeking certification or an
28B.102.040
(2008 Ed.)
Future Teachers Conditional Scholarship and Loan Repayment Program
additional endorsement in math, science, technology education, agricultural education, business and marketing education, family and consumer science education, or special education. [2008 c 170 § 306; 2005 c 518 § 918. Prior: 2004 c
276 § 905; 2004 c 275 § 68; 2004 c 58 § 4; 1987 c 437 § 4.]
Findings—Intent—Part headings not law—2008 c 170: See RCW
28A.700.005 and 28A.700.901.
Severability—Effective date—2005 c 518: See notes following RCW
28A.500.030.
Severability—Effective date—2004 c 276: See notes following RCW
43.330.167.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.102.060
(4) The board may, at its discretion, arrange to make the
loan repayment directly to the holder of the participant’s federal student loan.
(5) The board’s obligations to a participant under this
section shall cease when:
(a) The terms of the agreement have been fulfilled;
(b) The participant fails to maintain continuous teaching
service as determined by the board; or
(c) All of the participant’s federal student loans have
been repaid.
(6) The board shall adopt rules governing loan repayments, including approved leaves of absence from continuous teaching service and other deferments as may be necessary. [2004 c 58 § 8.]
28B.102.045
28B.102.045 Satisfactory progress required. To
receive additional disbursements under the program under
this chapter, a participant must be considered by his or her
institution of higher education to be in a satisfactory progress
condition. [2004 c 58 § 5; 1988 c 125 § 7.]
Severability—1988 c 125: See RCW 28B.106.902.
28B.102.050
28B.102.050 Award of conditional scholarships and
loan repayments—Amount—Duration. The board may
award conditional scholarships or provide loan repayments to
eligible participants from the funds appropriated to the board
for this purpose, or from any private donations, or any other
funds given to the board for this program. The amount of the
conditional scholarship or loan repayment awarded an individual shall not exceed the amount of tuition and fees at the
institution of higher education attended by the participant or
resident undergraduate tuition and fees at the University of
Washington per academic year for a full-time student, whichever is lower. Participants are eligible to receive conditional
scholarships or loan repayments for a maximum of five years.
[2004 c 58 § 6; 1987 c 437 § 5.]
28B.102.055
28B.102.055 Loan repayment agreements—Rules.
(1) Upon documentation of federal student loan indebtedness, the board may enter into agreements with participants to
repay all or part of a federal student loan in exchange for
teaching service in an approved educational program. The
ratio of loan repayment to years of teaching service for the
loan repayment program shall be the same as established for
the conditional scholarship program.
(2) The agreement shall specify the period of time it is in
effect and detail the obligations of the board and the participant, including the amount to be paid to the participant. The
agreement may also specify the geographic location and subject matter area of teaching service for which loan repayment
will be provided.
(3) At the end of each school year, a participant under
this section shall provide evidence to the board that the requisite teaching service has been provided. Upon receipt of the
evidence, the board shall pay the participant the agreed-upon
amount for one year of full-time teaching service or a prorated amount for less than full-time teaching service. To
qualify for additional loan repayments, the participant must
be engaged in continuous teaching service as defined by the
board.
(2008 Ed.)
28B.102.060 Repayment obligation. (1) Participants
in the conditional scholarship program incur an obligation to
repay the conditional scholarship, with interest and an equalization fee, unless they teach for two years in an approved
education program for each year of scholarship received,
under rules adopted by the board. Participants who teach in a
designated teacher shortage area shall have one year of loan
canceled for each year they teach in the shortage area.
(2) The interest rate shall be determined annually by the
board. Participants who fail to complete the teaching service
shall incur an equalization fee based on the remaining unforgiven balance of the loan. The equalization fee shall be
added to the remaining balance and repaid by the participant.
(3) The minimum payment shall be set by the board. The
maximum period for repayment shall be ten years, with payments of principal and interest accruing quarterly commencing six months from the date the participant completes or discontinues the course of study. Provisions for deferral of payment shall be determined by the board.
(4) The entire principal and interest of each payment
shall be forgiven for each payment period in which the participant teaches in an approved education program until the
entire repayment obligation is satisfied. Should the participant cease to teach in an approved education program in this
state before the participant’s repayment obligation is completed, payments on the unsatisfied portion of the principal
and interest shall begin the next payment period and continue
until the remainder of the participant’s repayment obligation
is satisfied.
(5) The board is responsible for collection of repayments
made under this section and shall exercise due diligence in
such collection, maintaining all necessary records to insure
that maximum repayments are made. Collection and servicing of repayments under this section shall be pursued using
the full extent of the law, including wage garnishment if necessary. The board is responsible to forgive all or parts of such
repayments under the criteria established in this section and
shall maintain all necessary records of forgiven payments.
(6) Receipts from the payment of principal or interest or
any other subsidies to which the board as administrator is
entitled, which are paid by or on behalf of participants under
this section, shall be deposited in the future teachers conditional scholarship account and shall be used to cover the costs
of granting the conditional scholarships, maintaining necessary records, and making collections under subsection (5) of
this section. The board shall maintain accurate records of
28B.102.060
[Title 28B RCW—page 223]
28B.102.080
Title 28B RCW: Higher Education
these costs, and all receipts beyond those necessary to pay
such costs shall be used to grant conditional scholarships to
eligible students.
(7) The board shall adopt rules to define the terms of
repayment, including applicable interest rates, fees, and
deferments. [2004 c 58 § 7; 1996 c 53 § 2; 1993 c 423 § 1;
1991 c 164 § 6; 1987 c 437 § 6.]
Effective date—1996 c 53: See note following RCW 28B.102.020.
28B.102.080 Future teachers conditional scholarship
account. (1) The future teachers conditional scholarship
account is created in the custody of the state treasurer. An
appropriation is not required for expenditures of funds from
the account. The account is not subject to allotment procedures under chapter 43.88 RCW except for moneys used for
program administration.
(2) The board shall deposit in the account all moneys
received for the future teachers conditional scholarship and
loan repayment program and for conditional loan programs
under chapter 28A.660 RCW. The account shall be self-sustaining and consist of funds appropriated by the legislature
for the future teachers conditional scholarship and loan
repayment program, private contributions to the program,
receipts from participant repayments from the future teachers
conditional scholarship and loan repayment program, and
conditional loan programs established under chapter 28A.660
RCW. Beginning July 1, 2004, the board shall also deposit
into the account: (a) All funds from the institution of higher
education loan account that are traceable to any conditional
scholarship program for teachers or prospective teachers
established by the legislature before June 10, 2004; and (b)
all amounts repaid by individuals under any such program.
(3) Expenditures from the account may be used solely
for conditional loans and loan repayments to participants in
the future teachers conditional scholarship and loan repayment program established by this chapter, conditional scholarships for participants in programs established in chapter
28A.660 RCW, and costs associated with program administration by the board.
(4) Disbursements from the account may be made only
on the authorization of the board. [2007 c 396 § 9; 2004 c 58
§ 9.]
28B.102.080
Capti ons no t la w— 200 7 c 396: See no te fol lo win g RC W
28A.305.215.
Finding—Intent—2007 c 396: See note following RCW 28A.300.515.
Chapter 28B.103
Chapter 28B.103 RCW
NATIONAL GUARD CONDITIONAL
SCHOLARSHIP PROGRAM
Sections
28B.103.010 Definitions.
28B.103.020 Program established—Powers and duties of office.
28B.103.030 Repayment obligation.
28B.103.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this section and RCW 28B.103.020 and
28B.103.030.
(1) "Eligible student" means an enlisted member or an
officer of the rank of captain or below in the Washington
28B.103.010
[Title 28B RCW—page 224]
national guard who attends an institution of higher education
that is located in this state and accredited by the Northwest
Association of Schools and Colleges, or beginning September 1, 2006, an institution that is located in this state that provides approved training under the Montgomery GI Bill, and
who meets any additional selection criteria adopted by the
office.
(2) "Conditional scholarship" means a loan that is forgiven in whole or in part if the recipient renders service as a
member of the Washington national guard under rules
adopted by the office.
(3) "Forgiven" or "to forgive" or "forgiveness" means
either to render service in the Washington national guard in
lieu of monetary repayment, or to be relieved of the service
obligation under rules adopted by the office.
(4) "Office" means the office of the adjutant general of
the state military department.
(5) "Participant" means an eligible student who has
received a conditional scholarship under this chapter.
(6) "Service obligation" means serving in the Washington national guard for one additional year for each year of
conditional scholarship received under this program. [2006 c
71 § 1; 2000 c 159 § 1; 1994 c 234 § 5.]
28B.103.020
28B.103.020 Program established—Powers and
duties of office. The Washington state national guard conditional scholarship program is established. The program shall
be administered by the office. In administering the program,
the powers and duties of the office shall include, but need not
be limited to:
(1) The selection of eligible students to receive conditional scholarships;
(2) The award of conditional scholarships funded by federal and state funds, private donations, or repayments from
any participant who does not complete the participant’s service obligation. Use of state funds is subject to available
funds. The annual amount of each conditional scholarship
may vary, but shall not exceed the annual cost of undergraduate tuition fees and services and activities fees at the University of Washington, plus an allowance for books and supplies;
(3) The adoption of necessary rules and guidelines,
including establishing a priority for eligible students attending an institution of higher education located in this state that
is accredited by the Northwest Association of Schools and
Colleges;
(4) The adoption of participant selection criteria. The
criteria may include but need not be limited to requirements
for: Satisfactory progress, minimum grade point averages,
enrollment in courses or programs that lead to a baccalaureate
degree or an associate degree or a certificate, and satisfactory
participation as a member of the Washington national guard;
(5) The notification of participants of their additional
service obligation or required repayment of the conditional
scholarship; and
(6) The collection of repayments from participants who
do not meet the eligibility criteria or service obligations.
[2006 c 71 § 2; 1994 c 234 § 6.]
(2008 Ed.)
Get Ready for Math and Science Scholarship Program
28B.103.030 Repayment obligation. (1) Participants
in the conditional scholarship program incur an obligation to
repay the conditional scholarship, with interest, unless they
serve in the Washington national guard for one additional
year for each year of conditional scholarship received, under
rules adopted by the office.
(2) The entire principal and interest of each yearly repayment shall be forgiven for each additional year in which a
participant serves in the Washington national guard, under
rules adopted by the office.
(3) If a participant elects to repay the conditional scholarship, the period of repayment shall be four years, with payments accruing quarterly commencing nine months from the
date that the participant leaves the Washington national guard
or withdraws from the institution of higher education, whichever comes first. The interest rate on the repayments shall be
eight percent per year. Provisions for deferral and forgiveness
shall be determined by the office.
(4) The office is responsible for collection of repayments
made under this section. The office shall exercise due diligence in such collection, maintaining all necessary records to
ensure that maximum repayments are made. Collection and
servicing of repayments under this section shall be pursued
using the full extent of law, including wage garnishment if
necessary. The office is responsible to forgive all or parts of
such repayments under the criteria established in this section,
and shall maintain all necessary records of forgiven payments. The office may contract with the higher education
coordinating board for collection of repayments under this
section.
(5) Receipts from the payment of principal or interest
paid by or on behalf of participants shall be deposited with
the office and shall be used to cover the costs of granting the
conditional scholarships, maintaining necessary records, and
making collections under subsection (4) of this section. The
office shall maintain accurate records of these costs, and all
receipts beyond those necessary to pay such costs shall be
used to grant conditional scholarships to eligible students.
[1994 c 234 § 7.]
28B.103.030
Chapter 28B.105 RCW
GET READY FOR MATH AND SCIENCE
SCHOLARSHIP PROGRAM
Chapter 28B.105
Sections
28B.105.010 GET ready for math and science scholarship program—Purpose—Awards.
28B.105.020 Definitions.
28B.105.030 Eligibility.
28B.105.040 Changes in eligibility—Consequences.
28B.105.050 Repayment obligation—Conditions.
28B.105.060 Office of the superintendent of public instruction—Duties.
28B.105.070 Higher education coordinating board—Duties.
28B.105.080 School districts—Duties.
28B.105.090 Program administrator—Duties.
28B.105.100 Higher education coordinating board and program administrator—Joint duties.
28B.105.110 GET ready for math and science scholarship account.
28B.105.010 GET ready for math and science scholarship program—Purpose—Awards. (1) The GET ready
for math and science scholarship program is established. The
purpose of the program is to provide scholarships to students
who achieve level four on the mathematics or science por28B.105.010
(2008 Ed.)
28B.105.030
tions of the tenth grade Washington assessment of student
learning or achieve a score in the math section of the SAT or
the math section of the ACT that is above the ninety-fifth percentile, major in a mathematics, science, or related field in
college, and commit to working in mathematics, science, or a
related field for at least three years in Washington following
completion of their bachelor’s degree. The program shall be
administered by the nonprofit organization selected as the
private partner in the public-private partnership.
(2) The total annual amount of each GET ready for math
and science scholarship may vary, but shall not exceed the
annual cost of resident undergraduate tuition fees and mandatory fees at the University of Washington. An eligible recipient may receive a GET ready for math and science scholarship for up to one hundred eighty quarter credits, or the
semester equivalent, or for up to five years, whichever comes
first.
(3) Scholarships shall be awarded only to the extent that
state funds and private matching funds are available for that
purpose in the GET ready for math and science [scholarship]
account established in RCW 28B.105.110. [2007 c 214 § 1.]
28B.105.020 Definitions. The definitions in this section apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Board" means the higher education coordinating
board.
(2) "GET units" means tuition units under the advanced
college tuition payment program in chapter 28B.95 RCW.
(3) "Institution of higher education" has the same meaning as in RCW 28B.92.030.
(4) "Program administrator" means the private nonprofit
corporation that is registered under Title 24 RCW and qualified as a tax-exempt entity under section 501(c)(3) of the federal internal revenue code, that will serve as the private partner in the public-private partnership under this chapter.
(5) "Qualified program" or "qualified major" means a
mathematics, science, or related degree program or major
line of study offered by an institution of higher education that
is included on the list of programs or majors selected by the
b o a r d a n d th e p r o g r a m a d m in i st ra to r u n d e r R CW
28B.105.100. [2007 c 214 § 2.]
28B.105.020
28B.105.030 Eligibility. (1) An eligible student is a student who:
(a) Is eligible for resident tuition and fee rates as defined
in RCW 28B.15.012;
(b) Achieved level four on the mathematics or science
portion of the tenth grade Washington assessment of student
learning or achieved a score in the math section of the SAT or
the math section of the ACT that is above the ninety-fifth percentile;
(c) Has a family income at or below one hundred twentyfive percent of the state median family income at the time the
student applies for a GET ready for math and science scholarship and for up to the two previous years;
(d) Has declared an intention to complete a qualified program or qualified major or has entered a qualified program or
declared a qualified major at an institution of higher education;
28B.105.030
[Title 28B RCW—page 225]
28B.105.040
Title 28B RCW: Higher Education
(e) Has declared an intention to work in a mathematics,
science, or related field in Washington for at least three years
immediately following completion of a bachelor’s degree or
higher degree.
(2) An eligible recipient is an eligible student who:
(a) Has been awarded a scholarship in accordance with
the selection criteria and process established by the board and
the program administrator;
(b) Enrolls at an institution of higher education within
one year of graduating from high school;
(c) Maintains satisfactory academic progress, as defined
by the institution of higher education where the student is
enrolled;
(d) Takes at least one college-level mathematics or science course each term since enrolling in an institution of
higher education; and
(e) Enters a qualified program or qualified major no later
than the end of the first term in which the student has junior
level standing. [2007 c 214 § 3.]
28B.105.040 Changes in eligibility—Consequences.
(1) If the student enrolls in a qualified program or declares a
qualified major and the program or major is subsequently
removed from the list of qualified programs and qualified
majors by the board and the program administrator, the student’s eligibility to receive a GET ready for math and science
scholarship shall not be affected.
(2) If a student who received a GET ready for math and
science scholarship ceases to be enrolled in an institution of
higher education, withdraws or is no longer enrolled in a
qualified program, declares a major that is not a qualified
major, or otherwise is no longer eligible to receive a GET
ready for math and science scholarship, the student shall
notify the program administrator as soon as practicable and is
not eligible for further GET ready for math and science scholarship awards. Such a student shall also repay the amount of
the GET ready for math and science scholarship awarded to
the student as required by RCW 28B.105.050. [2007 c 214 §
4.]
28B.105.040
28B.105.050 Repayment obligation—Conditions. (1)
A recipient of a GET ready for math and science scholarship
incurs an obligation to repay the scholarship, with interest
and an equalization fee, if he or she does not:
(a) Graduate with a bachelor’s degree from a qualified
program or in a qualified major within five years of first
enrolling at an institution of higher education; and
(b) Work in Washington in a mathematics, science, or
related occupation full time for at least three years following
completion of a bachelor’s degree, unless he or she is
enrolled in a graduate degree program as provided in subsection (4) of this section.
(2) A former scholarship recipient who has earned a
bachelor’s degree shall annually verify to the board that he or
she is working full time in a mathematics, science, or related
field for three years.
(3) If a former scholarship recipient begins but then stops
working full time in a mathematics, science, or related field
within three years following completion of a bachelor’s
degree, he or she shall pay back a prorated portion of the
28B.105.050
[Title 28B RCW—page 226]
amount of the GET ready for math and science scholarship
award received by the recipient, plus interest and a prorated
equalization fee.
(4) A recipient may postpone for up to three years his or
her in-state work obligation if he or she enrolls full time in a
graduate degree program in mathematics, science, or a
related field. [2007 c 214 § 5.]
28B.105.060 Office of the superintendent of public
instruction—Duties. The office of the superintendent of
public instruction shall:
(1) Notify elementary, middle, junior high, high school,
and school district staff and administrators, and the children’s
administration of the department of social and health services
about the GET ready for math and science scholarship program using methods in place for communicating with schools
and school districts; and
(2) Provide data showing the race, ethnicity, income, and
other available demographic information of students who
achieve level four of the math and science Washington
assessment of student learning in the tenth grade. Compare
those data with comparable information on the tenth grade
student population as a whole. Submit a report with the analysis to the committees responsible for education and higher
education in the legislature on December 1st of even-numbered years. [2007 c 214 § 6.]
28B.105.060
28B.105.070 Higher education coordinating board—
Duties. The board shall:
(1) Purchase GET units to be owned and held in trust by
the board, for the purpose of scholarship awards as provided
for in this section;
(2) Distribute scholarship funds, in the form of GET
units or through direct payments from the GET ready for
math and science scholarship account, to institutions of
higher education on behalf of eligible recipients identified by
the program administrator;
(3) Provide the program administrator with annual
reports regarding enrollment, contact, and graduation information of GET ready for math and science scholarship recipients, if the recipients have given permission for the board to
do so;
(4) Collect repayments from former scholarship recipients who do not meet the eligibility criteria or work obligations;
(5) Establish rules for scholarship repayment, approved
leaves of absence, deferments, and exceptions to recognize
extenuating circumstances that may impact students; and
(6) Provide information to school districts in Washington, at least once per year, about the GET ready for math and
science scholarship program. [2007 c 214 § 7.]
28B.105.070
28B.105.080 School districts—Duties. School districts shall:
(1) Notify parents, teachers, counselors, and principals
about the GET ready for math and science scholarship program through existing channels. Notification methods may
include, but are not limited to, regular school district and
building communications, online scholarship bulletins and
announcements, notices posted on school walls and bulletin
28B.105.080
(2008 Ed.)
College Savings Bond Program
28B.106.020
boards, information available in each counselor’s office, and
school or district scholarship information sessions;
(2) Provide each student who achieves level four on the
mathematics or science high school Washington assessment
of student learning with information regarding the scholarship program and how to contact the program administrator.
[2007 c 214 § 8.]
as authorized in chapter 43.79A RCW, the account shall be
credited with all investment income earned by the account.
(5) Disbursements from the account are exempt from
appropriations and the allotment provisions of chapter 43.88
RCW.
(6) Disbursements from the account shall be made only
on the authorization of the board. [2008 c 329 § 908; 2007 c
214 § 11.]
28B.105.090 Program administrator—Duties. The
program administrator shall:
(1) Solicit and accept grants and donations from private
sources to match state funds appropriated for the GET ready
for math and science scholarship program;
(2) Develop and implement an application, selection,
and notification process for awarding GET ready for math
and science scholarships;
(3) Notify institutions of higher education of scholarship
recipients who will attend their institutions and inform them
of the terms of the students’ eligibility; and
(4) Report to private donors on the program outcomes
and facilitate contact between scholarship recipients and
donors, if the recipients have given the program administrator
permission to do so, in order for donors to offer employment
opportunities, internships, and career information to recipients. [2007 c 214 § 9.]
Severability—2008 c 329: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2008 c 329 § 928.]
28B.105.090
28B.105.100 Higher education coordinating board
and program administrator—Joint duties. The board and
the program administrator shall jointly:
(1) Determine criteria for qualifying undergraduate programs, majors, and courses leading to a bachelor’s degree in
mathematics, science, or a related field, offered by institutions of higher education. The board shall publish the criteria
for qualified courses, and lists of qualified programs and
qualified majors on its web site on a biennial basis; and
(2) Establish criteria for selecting among eligible applicants those who, without scholarship assistance, would be
least likely to pursue a qualified undergraduate program at an
institution of higher education in Washington state. [2007 c
214 § 10.]
28B.105.100
28B.105.110 GET ready for math and science scholarship account. (1) The GET ready for math and science
scholarship account is created in the custody of the state treasurer.
(2) The board shall deposit into the account all money
received for the GET ready for math and science scholarship
program from appropriations and private sources. The
account shall be self-sustaining.
(3) Expenditures from the account shall be used for
scholarships to eligible students and for purchases of GET
units. Purchased GET units shall be owned and held in trust
by the board. Expenditures from the account shall be an
equal match of state appropriations and private funds raised
by the program administrator. During the 2007-09 fiscal
biennium, expenditures from the account not to exceed five
percent may be used by the program administrator to carry
out the provisions of RCW 28B.105.090.
(4) With the exception of the operating costs associated
with the management of the account by the treasurer’s office
Effective date—2008 c 329: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 1, 2008]." [2008 c 329 § 929.]
Chapter 28B.106 RCW
COLLEGE SAVINGS BOND PROGRAM
Chapter 28B.106
Sections
28B.106.005
28B.106.010
28B.106.020
28B.106.030
28B.106.040
28B.106.050
28B.106.060
28B.106.070
28B.106.080
28B.106.901
28B.106.902
Findings—Purpose.
Definitions.
Bond authorization—Issuance—Requirements.
Bond sale proceeds—Deposit—Use.
Higher education bond retirement fund of 1988—Creation—
Use—Use of debt-limit general fund bond retirement
account.
Additional means to raise money for bond retirement.
Bonds to be legal investment.
Publicity—Marketing strategies and educational programs.
Interest on bonds exempt from any state income tax.
Short title.
Severability—1988 c 125.
28B.106.005 Findings—Purpose. The legislature
finds it essential that this and future generations of children
be allowed the fullest opportunity to learn and to develop
their intellectual and mental capacities and skills at the postsecondary level. The legislature is greatly concerned about
the ever-increasing costs of obtaining higher education. The
purpose of this chapter is to assist Washington residents in
their quest for higher education and to encourage financial
planning to meet higher education costs by creating a college
savings bond program. [1988 c 125 § 8.]
28B.106.005
28B.105.110
(2008 Ed.)
28B.106.010 Definitions. The following definitions
shall apply throughout this chapter, unless the context clearly
indicates otherwise:
(1) "College savings bonds" or "bonds" are Washington
state general obligation bonds, issued under the authority of
and in accordance with this chapter.
(2) "Board" means the higher education coordinating
board, or any successor thereto. [1988 c 125 § 9.]
28B.106.010
28B.106.020 Bond authorization—Issuance—
Requirements. For the purpose of providing funds for the
acquisition, construction, remodeling, furnishing, and equipping of state buildings and facilities for the state institutions
of higher education, including facilities for the *state community college system, and to provide for the administrative
costs of such projects, including costs of bond issuance and
retirement, salaries and related costs of officials and employees of the state, costs of credit enhancement agreements, and
28B.106.020
[Title 28B RCW—page 227]
28B.106.030
Title 28B RCW: Higher Education
other expenses incidental to the administration of capital
projects, the state finance committee is authorized to issue
college savings bonds of the state of Washington in the sum
of fifty million dollars, or so much thereof as may be
required, to finance these projects and all costs incidental
thereto.
Bonds authorized in this section shall be sold in such a
manner, at such time or times, in such amounts, and at such
price as the state finance committee shall determine. The
bonds shall not be offered for sale without prior legislative
appropriation of the net proceeds of the sale of the bonds. The
state finance committee may obtain insurance or letters of
credit and may authorize the execution and delivery of agreements, promissory notes, and other obligations for the purpose of insuring the payment or enhancing the marketability
of college savings bonds authorized in this section. Promissory notes or other obligations issued pursuant to this section
shall not constitute a debt or the contracting of indebtedness
under any constitutional or statutory indebtedness limitation
if their payment is conditioned upon the failure of the state to
pay the principal of or interest on the bonds with respect to
which the same relate.
If, and to the extent that the state finance committee
determines it is economically feasible and in the best interest
of the state, the bonds shall be sold at a deep discount from
their par value.
College savings bonds authorized under this section
shall be sold in accordance with chapter 39.42 RCW. [1988
c 125 § 10.]
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
28B.106.030 Bond sale proceeds—Deposit—Use.
The proceeds from the sale of the bonds authorized in RCW
28B.106.020 shall be deposited in the state building construction account of the general fund in the state treasury, and shall
be used exclusively for the purposes specified in RCW
28B.106.020 and for the payment of expenses incurred in the
issuance and sale of the college savings bonds. [1988 c 125
§ 11.]
28B.106.030
28B.106.040 Higher education bond retirement fund
of 1988—Creation—Use—Use of debt-limit general fund
bond retirement account. The state higher education bond
retirement fund of 1988 is hereby created in the state treasury, and shall be used for the payment of principal and interest on the college savings bonds.
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount required
for principal and interest on such bonds in accordance with
the provisions of the bond proceedings. The state treasurer
shall withdraw from any general state revenues received in
the state treasury and deposit in the state higher education
bond retirement fund of 1988, such amounts and at such
times as are required by the bond proceedings. If directed by
the state finance committee by resolution, the state higher
education bond retirement fund of 1988, or any portion
thereof, may be deposited in trust with any qualified public
depository.
28B.106.040
[Title 28B RCW—page 228]
The owner and holder of each of the college savings
bonds or the trustee for the owner and holder of any of the
college savings bonds may by mandamus or other appropriate proceeding require the transfer and payment of funds as
directed in this section.
If a debt-limit general fund bond retirement account is
created in the state treasury by chapter 456, Laws of 1997 and
becomes effective prior to the issuance of any of the bonds
authorized by this chapter, the debt-limit general fund bond
retirement account shall be used for the purposes of this chapter in lieu of the state higher education bond retirement fund
of 1988. [1997 c 456 § 11; 1988 c 125 § 12.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
28B.106.050 Additional means to raise money for
bond retirement. The legislature may provide additional
means for raising moneys for the payment of the principal of
and interest on the college savings bonds. RCW 28B.106.040
shall not be deemed to provide an exclusive method for the
payment thereof. [1988 c 125 § 13.]
28B.106.050
28B.106.060 Bonds to be legal investment. The college savings bonds shall be a legal investment for all state
funds or funds under state control and for all funds of any
other public body. [1988 c 125 § 14.]
28B.106.060
28B.106.070 Publicity—Marketing strategies and
educational programs. The board and the state finance
committee shall create and implement marketing strategies
and educational programs designed to publicize the college
savings bond program to Washington residents. [1988 c 125
§ 16.]
28B.106.070
28B.106.080 Interest on bonds exempt from any state
income tax. Any interest earned on the bonds shall not be
income for the purposes of any state income tax. [1988 c 125
§ 17.]
28B.106.080
28B.106.901 Short title. This chapter may be known
and cited as the college savings bond act of 1988. [1988 c
125 § 18.]
28B.106.901
28B.106.902 Severability—1988 c 125. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1988 c 125 § 20.]
28B.106.902
Chapter 28B.108
Chapter 28B.108 RCW
AMERICAN INDIAN ENDOWED
SCHOLARSHIP PROGRAM
Sections
28B.108.005 Findings.
28B.108.010 Definitions.
28B.108.020 Program created—Duties of the higher education coordinating board—Screening committee.
28B.108.030 Advisory committee.
28B.108.040 Award of scholarships—Amount—Duration.
(2008 Ed.)
American Indian Endowed Scholarship Program
28B.108.050 Scholarship trust fund established.
28B.108.060 Scholarship endowment fund.
28B.108.070 State matching funds.
28B.108.005 Findings. The legislature recognizes the
benefit to our state and nation of providing equal educational
opportunities for all races and nationalities. The legislature
finds that American Indian students are underrepresented in
Washington’s colleges and universities. The legislature also
finds that past discriminatory practices have resulted in this
underrepresentation. Creating an endowed scholarship program to help American Indian students obtain a higher education will help to rectify past discrimination by providing a
means and an incentive for American Indian students to pursue a higher education. The state will benefit from contributions made by American Indians who participate in a program of higher education. [1990 c 287 § 1.]
28B.108.060
(7) Naming scholarships in honor of those American
Indians from Washington who have acted as role models.
[1990 c 287 § 3.]
28B.108.005
28B.108.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Institution of higher education" or "institution"
means a college or university in the state of Washington
which is accredited by an accrediting association recognized
as such by rule of the higher education coordinating board.
(2) "Board" means the higher education coordinating
board.
(3) "Eligible student" or "student" means an American
Indian who is a financially needy student, as defined in RCW
28B.92.030, who is a resident student, as defined by RCW
28B.15.012(2), who is a full-time student at an institution of
higher education, and who promises to use his or her education to benefit other American Indians. [2004 c 275 § 69;
1991 c 228 § 10; 1990 c 287 § 2.]
28B.108.030 Advisory committee. The higher education coordinating board shall establish an advisory committee
to assist in program design and to develop criteria for the
screening and selection of scholarship recipients. The committee shall be composed of representatives of the same
groups as the screening committee described in RCW
28B.108.020. The criteria shall assess the student’s social and
cultural ties to an American Indian community within the
state. The criteria shall include a priority for upper-division
or graduate students. The criteria may include a priority for
students who are majoring in program areas in which expertise is needed by the state’s American Indians. [1991 c 228 §
11; 1990 c 287 § 4.]
28B.108.030
28B.108.010
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.108.020 Program created—Duties of the higher
education coordinating board—Screening committee.
The American Indian endowed scholarship program is created. The program shall be administered by the higher education coordinating board. In administering the program, the
board’s powers and duties shall include but not be limited to:
(1) Selecting students to receive scholarships, with the
assistance of a screening committee composed of persons
involved in helping American Indian students to obtain a
higher education. The membership of the committee may
include, but is not limited to representatives of: Indian tribes,
urban Indians, the governor’s office of Indian affairs, the
Washington state Indian education association, and institutions of higher education;
(2) Adopting necessary rules and guidelines;
(3) Publicizing the program;
(4) Accepting and depositing donations into the endowment fund created in RCW 28B.108.060;
(5) Requesting and accepting from the state treasurer
moneys earned from the trust fund and the endowment fund
created in RCW 28B.108.050 and 28B.108.060;
(6) Soliciting and accepting grants and donations from
public and private sources for the program; and
28B.108.020
(2008 Ed.)
28B.108.040 Award of scholarships—Amount—
Duration. The board may award scholarships to eligible students from moneys earned from the endowment fund created
in RCW 28B.108.060, or from funds appropriated to the
board for this purpose, or from any private donations, or from
any other funds given to the board for this program. For an
undergraduate student, the amount of the scholarship shall
not exceed the student’s demonstrated financial need. For a
graduate student, the amount of the scholarship shall not
exceed the student’s demonstrated need; or the stipend of a
teaching assistant, including tuition, at the University of
Washington; whichever is higher. In calculating a student’s
need, the board shall consider the student’s costs for tuition,
fees, books, supplies, transportation, room, board, personal
expenses, and child care. The student’s scholarship awarded
under this chapter shall not exceed the amount received by a
student attending a state research university. A student is eligible to receive a scholarship for a maximum of five years.
However, the length of the scholarship shall be determined at
the discretion of the board. [1990 c 287 § 5.]
28B.108.040
28B.108.050 Scholarship trust fund established. The
American Indian endowed scholarship trust fund is established. The trust fund shall be administered by the state treasurer. Funds appropriated by the legislature for the trust fund
shall be deposited into the fund. At the request of the higher
education coordinating board, and when conditions set forth
in RCW 28B.108.070 are met, the treasurer shall deposit state
matching moneys in the trust fund into the American Indian
endowment fund. No appropriation is required for expenditures from the trust fund. [1991 sp.s. c 13 § 107; 1990 c 287
§ 6.]
28B.108.050
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
28B.108.060 Scholarship endowment fund. The
American Indian scholarship endowment fund is created in
the custody of the state treasurer. The investment of the
endowment fund shall be managed by the state investment
board.
(1) Moneys received from the higher education coordinating board, private donations, state matching moneys, and
28B.108.060
[Title 28B RCW—page 229]
28B.108.070
Title 28B RCW: Higher Education
funds received from any other source may be deposited into
the endowment fund. Private moneys received as a gift subject to conditions may be deposited into the fund.
(2) At the request of the higher education coordinating
board, the state investment board shall release earnings from
the endowment fund to the state treasurer. The state treasurer
shall then release those funds at the request of the higher education coordinating board for scholarships. No appropriation
is required for expenditures from the endowment fund.
(3) When notified by the higher education coordinating
board that a condition attached to a gift of private moneys in
the fund has failed, the state investment board shall release
those moneys to the higher education coordinating board.
The higher education coordinating board shall then release
the moneys to the donors according to the terms of the conditional gift.
(4) The principal of the endowment fund shall not be
invaded. The release of moneys under subsection (3) of this
section shall not constitute an invasion of corpus.
(5) The earnings on the fund shall be used solely for the
purposes set forth in RCW 28B.108.040, except when the
terms of a conditional gift of private moneys in the fund
require that a portion of earnings on such moneys be reinvested in the fund. [2007 c 73 § 2; 1993 c 372 § 1; 1991 sp.s.
c 13 § 110; 1990 c 287 § 7.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
28B.108.070 State matching funds. The higher education coordinating board may request that the treasurer deposit
fifty thousand dollars of state matching funds into the American Indian scholarship endowment fund when the board can
match the state funds with an equal amount of private cash
donations, including conditional gifts. Private cash donations
means moneys from nonstate sources that include, but are not
limited to, federal moneys, tribal moneys, and assessments by
commodity commissions authorized to conduct research
activities, including but not limited to research studies authorized under RCW 15.66.030 and 15.65.040. [1993 c 372 § 2;
1991 c 228 § 12; 1990 c 287 § 8.]
28B.108.070
Chapter 28B.109 RCW
WASHINGTON INTERNATIONAL EXCHANGE
SCHOLARSHIP PROGRAM
Chapter 28B.109
Sections
28B.109.010 Definitions.
28B.109.020 Washington international exchange scholarship program—
Administration by higher education coordinating board.
28B.109.030 Reciprocal agreements to attend foreign institutions.
28B.109.040 Washington international exchange student scholarships.
28B.109.050 Washington international exchange trust fund.
28B.109.060 Washington international exchange scholarship endowment
fund.
28B.109.070 Washington international exchange scholarship endowment
fund—State matching funds.
28B.109.080 Scholarship recipients—Service obligation.
28B.109.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Board" means the higher education coordinating
board.
28B.109.010
[Title 28B RCW—page 230]
(2) "Eligible participant" means an international student
whose country of residence has a trade relationship with the
state of Washington.
(3) "Institution of higher education" or "institution"
means a college or university in the state of Washington that
is accredited by an accrediting association recognized as such
by rule of the board.
(4) "Service obligation" means volunteering for a minimum number of hours as established by the board based on
the amount of scholarship award, to speak to or teach groups
of Washington citizens, including but not limited to elementary, middle, and high schools, service clubs, and universities.
(5) "Washington international exchange scholarship program" means a scholarship award for a period not to exceed
one academic year to attend a Washington institution of
higher education made to an international student whose
country has an established trade relationship with Washington. [1996 c 253 § 401.]
Findings—Purpose—1996 c 253: "(1) The legislature finds that:
(a) Educational, cultural, and business exchange programs are important in developing mutually beneficial relationships between Washington
state and other countries;
(b) Enhanced international trade, cultural, and educational opportunities are developed when cities, counties, ports, and others establish sister
relationships with their counterparts in other countries;
(c) It is important to the economic future of the state to promote international awareness and understanding; and
(d) The state’s economy and economic well-being depend heavily on
foreign trade and international exchanges.
(2) The legislature declares that the purpose of chapter 253, Laws of
1996 is to:
(a) Enhance Washington state’s ability to develop relationships and
contacts throughout the world enabling us to expand international education
and trade opportunities for all citizens of the state;
(b) Develop and maintain an international database of contacts in international trade markets;
(c) Encourage outstanding international students who reside in countries with existing trade relationships to attend Washington state’s institutions of higher education; and
(d) Encourage Washington students to attend institutions of higher
education located in countries with existing trading relationships with Washington state." [1996 c 253 § 1.]
Severability—1996 c 253: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1996 c 253 § 504.]
Part headings not law—1996 c 253: "Part headings as used in this act
constitute no part of the law." [1996 c 253 § 505.]
28B.109.020 Washington international exchange
scholarship program—Administration by higher education coordinating board. The Washington international
exchange scholarship program is created subject to funding
under RCW 28B.109.060. The program shall be administered
by the board. In administering the program, the board may:
(1) Convene an advisory committee that may include but
need not be limited to representatives of the office of the
superintendent of public instruction, the department of community, trade, and economic development, the secretary of
state, private business, and institutions of higher education;
(2) Select students to receive the scholarship with the
assistance of a screening committee composed of leaders in
business, international trade, and education;
(3) Adopt necessary rules and guidelines including rules
for disbursing scholarship funds to participants;
28B.109.020
(2008 Ed.)
Gender Equality in Higher Education
(4) Publicize the program;
(5) Solicit and accept grants and donations from public
and private sources for the program;
(6) Establish and notify participants of service obligations; and
(7) Establish a formula for selecting the countries from
which participants may be selected in consultation with the
department of community, trade, and economic development.
[1996 c 253 § 402.]
Findings—Purpose—Severability—Part headings not law—1996 c
253: See notes following RCW 28B.109.010.
28B.109.030 Reciprocal agreements to attend foreign
institutions. The board may negotiate and enter into a reciprocal agreement with foreign countries that have international
students attending institutions in Washington. The goal of the
reciprocal agreements shall be to allow Washington students
enrolled in an institution of higher education to attend an
international institution under similar terms and conditions.
[1996 c 253 § 403.]
28B.110.030
Findings—Purpose—Severability—Part headings not law—1996 c
253: See notes following RCW 28B.109.010.
28B.109.070 Washington international exchange
scholarship endowment fund—State matching funds.
The board may request that the treasurer deposit state matching funds into the Washington international exchange scholarship endowment fund when the board can match the state
funds with an equal amount of private cash donations, including conditional gifts. [1996 c 253 § 407.]
28B.109.070
Findings—Purpose—Severability—Part headings not law—1996 c
253: See notes following RCW 28B.109.010.
28B.109.030
Findings—Purpose—Severability—Part headings not law—1996 c
253: See notes following RCW 28B.109.010.
28B.109.040 Washington international exchange student scholarships. If funds are available, the board shall
select students yearly to receive a Washington international
exchange student scholarship from moneys earned from the
Washington international exchange scholarship endowment
fund created in RCW 28B.109.060, from funds appropriated
to the board for this purpose, or from any private donations,
or from any other funds given to the board for this program.
[1996 c 253 § 404.]
28B.109.080 Scholarship recipients—Service obligation. Each Washington international exchange scholarship
recipient shall agree to complete the service obligation as
defined by the board. [1996 c 253 § 408.]
28B.109.080
Findings—Purpose—Severability—Part headings not law—1996 c
253: See notes following RCW 28B.109.010.
Chapter 28B.110 RCW
GENDER EQUALITY IN HIGHER EDUCATION
Chapter 28B.110
28B.109.040
Findings—Purpose—Severability—Part headings not law—1996 c
253: See notes following RCW 28B.109.010.
28B.109.050 Washington international exchange
trust fund. The Washington international exchange trust
fund is established in the custody of the state treasurer. Any
funds appropriated by the legislature for the trust fund shall
be deposited into the fund. At the request of the board, and
when conditions set forth in RCW 28B.109.070 are met, the
treasurer shall deposit state matching moneys from the Washington international exchange trust fund into the Washington
international exchange scholarship endowment fund. No
appropriation is required for expenditures from the trust fund.
[1996 c 253 § 405.]
28B.109.050
Findings—Purpose—Severability—Part headings not law—1996 c
253: See notes following RCW 28B.109.010.
28B.109.060 Washington international exchange
scholarship endowment fund. The Washington international exchange scholarship endowment fund is established
in the custody of the state treasurer. Moneys received from
the private donations and funds received from any other
source may be deposited into the endowment fund. At the
request of the board, the treasurer shall release earnings from
the endowment fund to the board for scholarships. No appropriation is required for expenditures from the endowment
fund. The principal of the endowment fund shall not be
invaded. The earnings on the fund shall be used solely for the
purposes in this chapter. [1996 c 253 § 406.]
28B.109.060
(2008 Ed.)
Sections
28B.110.010
28B.110.020
28B.110.030
28B.110.040
28B.110.050
28B.110.060
28B.110.070
28B.110.900
Discrimination prohibited.
Definitions.
Rules and guidelines.
Compliance—Reports—Community colleges.
Violation of chapter.
Existing law and procedures.
Distribution to students.
Severability—1989 c 341.
28B.110.010 Discrimination prohibited. Article
XXXI, section 1, Amendment 61 of the Washington state
Constitution requires equal treatment of all citizens, regardless of gender. Recognizing the benefit to our state and nation
of equal educational opportunities for all students, discrimination on the basis of gender against any student in the institutions of higher education of Washington state is prohibited.
[1989 c 341 § 1.]
28B.110.010
28B.110.020 Definitions. For purposes of this chapter,
"institutions of higher education" or "institutions" include the
state universities, regional universities, The Evergreen State
College, and the community colleges. [1989 c 341 § 2.]
28B.110.020
28B.110.030 Rules and guidelines. In consultation
with institutions of higher education, the higher education
coordinating board shall develop rules and guidelines to
eliminate possible gender discrimination to students, including sexual harassment, at institutions of higher education as
defined in RCW 28B.10.016. The rules and guidelines shall
include but not be limited to access to academic programs,
student employment, counseling and guidance services,
financial aid, recreational activities including club sports, and
intercollegiate athletics.
(1) With respect to higher education student employment, all institutions shall be required to:
(a) Make no differentiation in pay scales on the basis of
gender;
28B.110.030
[Title 28B RCW—page 231]
28B.110.040
Title 28B RCW: Higher Education
(b) Assign duties without regard to gender except where
there is a bona fide occupational qualification as approved by
the Washington human rights commission;
(c) Provide the same opportunities for advancement to
males and females; and
(d) Make no difference in the conditions of employment
on the basis of gender in areas including, but not limited to,
hiring practices, leaves of absence, and hours of employment.
(2) With respect to admission standards, admissions to
academic programs shall be made without regard to gender.
(3) Counseling and guidance services for students shall
be made available to all students without regard to gender.
All academic and counseling personnel shall be required to
stress access to all career and vocational opportunities to students without regard to gender.
(4) All academic programs shall be available to students
without regard to gender.
(5) With respect to recreational activities, recreational
activities shall be offered to meet the interests of students.
Institutions which provide the following shall do so with no
disparities based on gender: Equipment and supplies; medical care; services and insurance; transportation and per diem
allowances; opportunities to receive coaching and instruction; laundry services; assignment of game officials; opportunities for competition, publicity, and awards; and scheduling
of games and practice times, including use of courts, gyms,
and pools. Each institution which provides showers, toilets,
lockers, or training room facilities for recreational purposes
shall provide comparable facilities for both males and
females.
(6) With respect to financial aid, financial aid shall be
equitably awarded by type of aid, with no disparities based on
gender.
(7) With respect to intercollegiate athletics, institutions
that provide the following shall do so with no disparities
based on gender:
(a) Benefits and services including, but not limited to,
equipment and supplies; medical services; services and insurance; transportation and per diem allowances; opportunities
to receive coaching and instruction; scholarships and other
forms of financial aid; conditioning programs; laundry services; assignment of game officials; opportunities for competition, publicity, and awards; and scheduling of games and
practice times, including use of courts, gyms, and pools. Each
institution which provides showers, toilets, lockers, or training room facilities for athletic purposes shall provide comparable facilities for both males and females.
(b) Opportunities to participate in intercollegiate athletics. Institutions shall provide equitable opportunities to male
and female students.
(c) Male and female coaches and administrators. Institutions shall attempt to provide some coaches and administrators of each gender to act as role models for male and female
athletes.
(8) Each institution shall develop and distribute policies
and procedures for handling complaints of sexual harassment. [1989 c 341 § 3.]
28B.110.040 Compliance—Reports—Community
colleges. The executive director of the higher education
coordinating board, in consultation with the council of presi28B.110.040
[Title 28B RCW—page 232]
dents and the state board for community and technical colleges, shall monitor the compliance by institutions of higher
education with this chapter.
(1) The board shall establish a timetable and guidelines
for compliance with this chapter.
(2) By November 30, 1990, each institution shall submit
to the board for approval a plan to comply with the requirements of RCW 28B.110.030. The plan shall contain measures
to ensure institutional compliance with the provisions of this
chapter by September 30, 1994. If participation in activities,
such as intercollegiate athletics and matriculation in academic programs is not proportionate to the percentages of
male and female enrollment, the plan should outline efforts to
identify barriers to equal participation and to encourage gender equity in all aspects of college and university life.
(3) The board shall report every four years, beginning
December 31, 1998, to the governor and the higher education
committees of the house of representatives and the senate on
institutional efforts to comply with this chapter. The report
shall include recommendations on measures to assist institutions with compliance. This report may be combined with the
report required in RCW 28B.15.465.
(4) The board may delegate to the state board for community and technical colleges any or all responsibility for
community college compliance with the provisions of this
chapter. [1997 c 5 § 5; 1989 c 341 § 4.]
Effective date—1997 c 5: See note following RCW 28B.15.455.
28B.110.050 Violation of chapter. A violation of this
chapter shall constitute an unfair practice under chapter 49.60
RCW, the law against discrimination. All rights and remedies
under chapter 49.60 RCW, including the right to file a complaint with the human rights commission and to bring a civil
action, shall apply. [1989 c 341 § 5.]
28B.110.050
28B.110.060 Existing law and procedures. This chapter shall supplement, and shall not supersede, existing law
and procedures relating to unlawful discrimination based on
gender. [1989 c 341 § 6.]
28B.110.060
28B.110.070 Distribution to students. Institutions of
higher education shall distribute copies of the provisions of
this chapter to all students. [1989 c 341 § 7.]
28B.110.070
28B.110.900 Severability—1989 c 341. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1989 c 341 § 8.]
28B.110.900
Chapter 28B.115 RCW
HEALTH PROFESSIONAL CONDITIONAL
SCHOLARSHIP PROGRAM
Chapter 28B.115
Sections
28B.115.010
28B.115.020
28B.115.030
28B.115.040
28B.115.050
28B.115.060
Legislative findings.
Definitions.
Program established—Duties of board.
Technical assistance for rural communities.
Planning committee—Criteria for selecting participants.
Eligible credentialed health care professions—Required service obligations.
(2008 Ed.)
Health Professional Conditional Scholarship Program
28B.115.070 Eligible credentialed health care professions—Health professional shortage areas.
28B.115.080 Annual award amount—Scholarship preferences—Required
service obligations.
28B.115.090 Loan repayment and scholarship awards.
28B.115.100 Discrimination by participants prohibited—Violation.
28B.115.110 Participant obligation—Repayment obligation.
28B.115.120 Participant obligation—Scholarships.
28B.115.130 Health professional loan repayment and scholarship program
fund.
28B.115.140 Transfer of program administration.
28B.115.900 Effective date—1989 1st ex.s. c 9.
28B.115.901 Severability—1989 1st ex.s. c 9.
28B.115.902 Application to scope of chapter—Captions not law—1991 c
332.
Maternity care provider loan repayment: RCW 74.09.820.
Rural health access account: RCW 43.70.325.
28B.115.010 Legislative findings. The legislature
finds that changes in demographics, the delivery of health
care services, and an escalation in the cost of educating health
professionals has resulted in shortages of health professionals. A poor distribution of health care professionals has
resulted in a surplus of some professionals in some areas of
the state and a shortage of others in other parts of the state
such as in the more rural areas. The high cost of health professional education requires that health care practitioners
command higher incomes to repay the financial obligations
incurred to obtain the required training. Health professional
shortage areas are often areas that have troubled economies
and lower per capita incomes. These areas often require more
services because the health care needs are greater due to poverty or because the areas are difficult to service due to geographic circumstances. The salary potentials for shortage
areas are often not as favorable when compared to nonshortage areas and practitioners are unable to serve. The legislature further finds that encouraging health professionals to
serve in shortage areas is essential to assure continued access
to health care for persons living in these parts of the state.
[1989 1st ex.s. c 9 § 716. Formerly RCW 18.150.010.]
28B.115.010
28B.115.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Board" means the higher education coordinating
board.
(2) "Department" means the state department of health.
(3) "Eligible education and training programs" means
education and training programs approved by the department
that lead to eligibility for a credential as a credentialed health
care professional.
(4) "Eligible expenses" means reasonable expenses associated with the costs of acquiring an education such as
tuition, books, equipment, fees, room and board, and other
expenses determined by the board.
(5) "Eligible student" means a student who has been
accepted into an eligible education or training program and
has a declared intention to serve in a health professional
shortage area upon completion of the education or training
program.
(6) "Forgiven" or "to forgive" or "forgiveness" means to
render health care services in a health professional shortage
area in the state of Washington in lieu of monetary repayment.
28B.115.020
(2008 Ed.)
28B.115.020
(7) "Health professional shortage areas" means those
areas where credentialed health care professionals are in
short supply as a result of geographic maldistribution or as
the result of a short supply of credentialed health care professionals in specialty health care areas and where vacancies
exist in serious numbers that jeopardize patient care and pose
a threat to the public health and safety. The department shall
determine health professional shortage areas as provided for
in RCW 28B.115.070, or until June 1, 1992, as provided for
in RCW 28B.115.060. In making health professional shortage area designations in the state the department may be
guided by applicable federal standards for "health manpower
shortage areas," and "medically underserved areas," and
"medically underserved populations."
(8) "Credentialed health care profession" means a health
care profession regulated by a disciplining authority in the
state of Washington under RCW 18.130.040 or by the state
board of pharmacy under chapter 18.64 RCW and designated
by the department in RCW 28B.115.070, or until June 1,
1992, as established in RCW 28B.115.060 as a profession
having shortages of credentialed health care professionals in
the state.
(9) "Credentialed health care professional" means a person regulated by a disciplining authority in the state of Washington to practice a health care profession under RCW
18.130.040 or by the state board of pharmacy under chapter
18.64 RCW.
(10) "Loan repayment" means a loan that is paid in full
or in part if the participant renders health care services in a
health professional shortage area as defined by the department.
(11) "Nonshortage rural area" means a nonurban area of
the state of Washington that has not been designated as a
rural physician shortage area. The department shall identify
the nonshortage rural areas of the state.
(12) "Participant" means a credentialed health care professional who has received a loan repayment award and has
commenced practice as a credentialed health care provider in
a designated health professional shortage area or an eligible
student who has received a scholarship under this program.
(13) "Program" means the health professional loan
repayment and scholarship program.
(14) "Required service obligation" means an obligation
by the participant to provide health care services in a health
professional shortage area for a period to be established as
provided for in this chapter.
(15) "Rural physician shortage area" means rural geographic areas where primary care physicians are in short supply as a result of geographic maldistributions and where their
limited numbers jeopardize patient care and pose a threat to
public health and safety. The department shall designate rural
physician shortage areas.
(16) "Satisfied" means paid-in-full.
(17) "Scholarship" means a loan that is forgiven in whole
or in part if the recipient renders health care services in a
health professional shortage area.
(18) "Sponsoring community" means a rural hospital or
hospitals as authorized in chapter 70.41 RCW, a rural health
care facility or facilities as authorized in chapter 70.175
RCW, or a city or county government or governments. [1991
[Title 28B RCW—page 233]
28B.115.030
Title 28B RCW: Higher Education
c 332 § 15; 1989 1st ex.s. c 9 § 717. Formerly RCW
18.150.020.]
28B.115.030
28B.115.030 Program established—Duties of board.
The health professional loan repayment and scholarship program is established for credentialed health professionals serving in health professional shortage areas. The program shall
be administered by the higher education coordinating board.
In administrating this program, the board shall:
(1) Select credentialed health care professionals to participate in the loan repayment portion of the loan repayment
and scholarship program and select eligible students to participate in the scholarship portion of the loan repayment and
scholarship program;
(2) Adopt rules and develop guidelines to administer the
program;
(3) Collect and manage repayments from participants
who do not meet their service obligations under this chapter;
(4) Publicize the program, particularly to maximize participation among individuals in shortage areas and among
populations expected to experience the greatest growth in the
workforce;
(5) Solicit and accept grants and donations from public
and private sources for the program; and
(6) Develop criteria for a contract for service in lieu of
the service obligation where appropriate, that may be a combination of service and payment. [1991 c 332 § 16; 1989 1st
ex.s. c 9 § 718. Formerly RCW 18.150.030.]
28B.115.040
28B.115.040 Technical assistance for rural communities. The department may provide technical assistance to
rural communities desiring to become sponsoring communities for the purposes of identification of prospective students
for the program, assisting prospective students to apply to an
eligible education and training program, making formal
agreements with prospective students to provide credentialed
health care services in the community, forming agreements
between rural communities in a service area to share credentialed health care professionals, and fulfilling any matching
requirements. [1991 c 332 § 17.]
28B.115.050
28B.115.050 Planning committee—Criteria for
selecting participants. The board shall establish a planning
committee to assist it in developing criteria for the selection
of participants. The board shall include on the planning committee representatives of the department, the department of
social and health services, appropriate representatives from
health care facilities, provider groups, consumers, the state
board for community and technical colleges, the superintendent of public instruction, and other appropriate public and
private agencies and organizations. The criteria may require
that some of the participants meet the definition of "needy
student" under RCW 28B.92.030. [2004 c 275 § 70; 1991 c
332 § 18; 1989 1st ex.s. c 9 § 719. Formerly RCW
18.150.040.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
[Title 28B RCW—page 234]
28B.115.060 Eligible credentialed health care professions—Required service obligations. Until June 1, 1992,
the board, in consultation with the department, shall:
(1) Establish loan repayments for persons authorized to
practice one of the following credentialed health care professions: Medicine pursuant to chapter 18.57, 18.57A, 18.71 or
18.71A RCW, nursing pursuant to *chapter 18.78 or 18.88
RCW, or dentistry pursuant to chapter 18.32 RCW. The
amount of the loan repayment shall not exceed fifteen thousand dollars per year for a maximum of five years per individual. The required service obligation in a health professional shortage area for loan repayment shall be three years;
(2) Establish a scholarship program for eligible students
who have been accepted into an eligible education or training
program leading to a credential in one of the following credentialed health care professions: Nursing pursuant to
*chapter 18.78 or 18.88 RCW who declare the intent to serve
in a nurse shortage area as defined by the department upon
completion of an education or training program and agree to
a five-year service obligation. The amount of the scholarship
shall not exceed three thousand dollars per year for a maximum of five years;
(3) Establish a scholarship program for eligible students
who have been accepted into an eligible education or training
program leading to a credential in one of the following credentialed health care professions: Medicine pursuant to
chapter 18.57 or 18.71 RCW who declare an intent to serve as
a primary care physician in a rural area in the state of Washington upon completion of the education program and agree
to a five-year service obligation and who may receive a
scholarship of no more than fifteen thousand dollars per year
for five years.
In determining scholarship awards for prospective physicians, the selection criteria shall include requirements that
recipients declare an interest in serving in rural areas of the
state of Washington. Preference for scholarships shall be
given to students who reside in a rural physician shortage
area or a nonshortage rural area of the state prior to admission
to the eligible education and training program in medicine.
Highest preference shall be given to students seeking admission who are recommended by sponsoring communities and
who declare the intent of serving as a physician in a rural
area. The board may require the sponsoring community
located in a nonshortage rural area to financially contribute to
the eligible expenses of a medical student if the student will
serve in the nonshortage rural area;
(4) Establish a scholarship program for eligible students
who have been accepted into an eligible education or training
program leading to a credential in one of the following credentialed health care professions: Midwifery pursuant to
chapter 18.50 RCW or advanced registered nurse practitioner
certified nurse midwifery under *chapter 18.88 RCW who
declare an intent to serve as a midwife in a midwifery shortage area in the state of Washington, as defined by the department, upon completion of the education program and agree to
a five-year service obligation and who may receive a scholarship of no more than four thousand dollars per year for three
years;
(5) Establish a scholarship program for eligible students
who have been accepted into an eligible education or training
program leading to a credential in the following credentialed
28B.115.060
(2008 Ed.)
Health Professional Conditional Scholarship Program
health care profession: Pharmacy pursuant to chapter 18.64
RCW who declare an intent to serve as a pharmacist in a
pharmacy shortage area in the state of Washington, as
defined by the department, upon completion of the education
program and agree to a five-year service obligation and who
may receive a scholarship of no more than four thousand dollars per year for three years;
(6) Honor loan repayment and scholarship contract terms
negotiated between the board and participants prior to May
21, 1991, concerning loan repayment and scholarship award
amounts and service obligations authorized under chapter
**18.150, ***28B.104, or 70.180 RCW. [1991 c 332 § 19.]
Reviser’s note: *(1) Chapters 18.78 and 18.88 RCW were repealed by
1994 sp.s. c 9 § 433, effective July 1, 1994.
**(2) Chapter 18.150 RCW was recodified as chapter 28B.115 RCW
by 1991 c 332 § 36.
***(3) Chapter 28B.104 RCW was repealed by 1991 sp.s. c 27 § 2.
28B.115.070 Eligible credentialed health care professions—Health professional shortage areas. After June 1,
1992, the department, in consultation with the board and the
department of social and health services, shall:
(1) Determine eligible credentialed health care professions for the purposes of the loan repayment and scholarship
program authorized by this chapter. Eligibility shall be based
upon an assessment that determines that there is a shortage or
insufficient availability of a credentialed profession so as to
jeopardize patient care and pose a threat to the public health
and safety. The department shall consider the relative degree
of shortages among professions when determining eligibility.
The department may add or remove professions from eligibility based upon the determination that a profession is no
longer in shortage. Should a profession no longer be eligible,
participants or eligible students who have received scholarships shall be eligible to continue to receive scholarships or
loan repayments until they are no longer eligible or until their
service obligation has been completed;
(2) Determine health professional shortage areas for
each of the eligible credentialed health care professions.
[2003 c 278 § 3; 1991 c 332 § 20.]
28B.115.070
Findings—2003 c 278: See note following RCW 28C.18.120.
28B.115.080 Annual award amount—Scholarship
preferences—Required service obligations. After June 1,
1992, the board, in consultation with the department and the
department of social and health services, shall:
(1) Establish the annual award amount for each credentialed health care profession which shall be based upon an
assessment of reasonable annual eligible expenses involved
in training and education for each credentialed health care
profession. The annual award amount may be established at a
level less than annual eligible expenses. The annual award
amount shall be established by the board for each eligible
health profession. The awards shall not be paid for more than
a maximum of five years per individual;
(2) Determine any scholarship awards for prospective
physicians in such a manner to require the recipients declare
an interest in serving in rural areas of the state of Washington.
Preference for scholarships shall be given to students who
reside in a rural physician shortage area or a nonshortage
rural area of the state prior to admission to the eligible educa28B.115.080
(2008 Ed.)
28B.115.090
tion and training program in medicine. Highest preference
shall be given to students seeking admission who are recommended by sponsoring communities and who declare the
intent of serving as a physician in a rural area. The board may
require the sponsoring community located in a nonshortage
rural area to financially contribute to the eligible expenses of
a medical student if the student will serve in the nonshortage
rural area;
(3) Establish the required service obligation for each credentialed health care profession, which shall be no less than
three years or no more than five years. The required service
obligation may be based upon the amount of the scholarship
or loan repayment award such that higher awards involve
longer service obligations on behalf of the participant;
(4) Determine eligible education and training programs
for purposes of the scholarship portion of the program;
(5) Honor loan repayment and scholarship contract terms
negotiated between the board and participants prior to May
21, 1991, concerning loan repayment and scholarship award
amounts and service obligations authorized under chapter
28B.115, *28B.104, or 70.180 RCW. [1993 c 492 § 271;
1991 c 332 § 21.]
*Reviser’s note: Chapter 28B.104 RCW was repealed by 1991 sp.s. c
27 § 2.
Finding—1993 c 492: "The legislature finds that the successful implementation of health care reform will depend on a sufficient supply of primary
health care providers throughout the state. Many rural and medically underserved urban areas lack primary health care providers and because of this,
basic health care services are limited or unavailable to populations living in
these areas. The legislature has in recent years initiated new programs to
address these provider shortages but funding has been insufficient and additional specific provider shortages remain." [1993 c 492 § 269.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
28B.115.090 Loan repayment and scholarship
awards. (1) The board may grant loan repayment and scholarship awards to eligible participants from the funds appropriated for this purpose, or from any private or public funds
given to the board for this purpose. Participants are ineligible
to receive loan repayment if they have received a scholarship
from programs authorized under this chapter or chapter
70.180 RCW or are ineligible to receive a scholarship if they
have received loan repayment authorized under this chapter
or chapter 28B.115 RCW.
(2) Funds appropriated for the program, including reasonable administrative costs, may be used by the board for
the purposes of loan repayments or scholarships. The board
shall annually establish the total amount of funding to be
awarded for loan repayments and scholarships and such allocations shall be established based upon the best utilization of
funding for that year.
(3) One portion of the funding appropriated for the program shall be used by the board as a recruitment incentive for
communities participating in the community-based recruitment and retention program as authorized by chapter 70.185
RCW; one portion of the funding shall be used by the board
as a recruitment incentive for recruitment activities in stateoperated institutions, county public health departments and
districts, county human service agencies, federal and state
28B.115.090
[Title 28B RCW—page 235]
28B.115.100
Title 28B RCW: Higher Education
contracted community health clinics, and other health care
facilities, such as rural hospitals that have been identified by
the department, as providing substantial amounts of charity
care or publicly subsidized health care; one portion of the
funding shall be used by the board for all other awards. The
board shall determine the amount of total funding to be distributed between the three portions. [2003 c 278 § 4; 1991 c
332 § 22; 1989 1st ex.s. c 9 § 720. Formerly RCW
18.150.050.]
Findings—2003 c 278: See note following RCW 28C.18.120.
28B.115.100 Discrimination by participants prohibited—Violation. In providing health care services the participant shall not discriminate against a person on the basis of
the person’s ability to pay for such services or because payment for the health care services provided to such persons
will be made under the insurance program established under
part A or B of Title XVIII of the federal social security act or
under a state plan for medical assistance including Title XIX
of the federal social security act or under the state medical
assistance program authorized by chapter 74.09 RCW and
agrees to accept assignment under section 18.42(b)(3)(B)(ii)
of the federal social security act for all services for which
payment may be made under part B of Title XVIII of the federal social security act and enters into an appropriate agreement with the department of social and health services for
medical assistance under Title XIX of the federal social security act to provide services to individuals entitled to medical
assistance under the plan and enters into appropriate agreements with the department of social and health services for
medical care services under chapter 74.09 RCW. Participants
found by the board or the department in violation of this section shall be declared ineligible for receiving assistance under
the program authorized by this chapter. [1991 c 332 § 23.]
28B.115.100
shortage area or after the required service obligation when
eligibility discontinues, whichever comes first.
(5) Should the participant discontinue service in a health
professional shortage area payments against the loans of the
participants shall cease to be effective on the date that the
participant discontinues service.
(6) Except for circumstances beyond their control, participants who serve less than the required service obligation
shall be obligated to repay to the program an amount equal to
twice the total amount paid by the program on their behalf in
addition to any payments on the unsatisfied portion of the
principal and interest. The board shall determine the applicability of this subsection.
(7) The board is responsible for the collection of payments made on behalf of participants from the participants
who discontinue service before completion of the required
service obligation. The board shall exercise due diligence in
such collection, maintaining all necessary records to ensure
that the maximum amount of payment made on behalf of the
participant is recovered. Collection under this section shall be
pursued using the full extent of the law, including wage garnishment if necessary.
(8) The board shall not be held responsible for any outstanding payments on principal and interest to any lenders
once a participant’s eligibility expires.
(9) The board shall temporarily or, in special circumstances, permanently defer the requirements of this section
for eligible students as defined in RCW 28B.10.017. [1991 c
332 § 24; 1991 c 164 § 8; 1989 1st ex.s. c 9 § 721. Formerly
RCW 18.150.060.]
Reviser’s note: This section was amended by 1991 c 164 § 8 and by
1991 c 332 § 24, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
28B.115.120 Participant obligation—Scholarships.
(1) Participants in the health professional loan repayment and
scholarship program who are awarded scholarships incur an
obligation to repay the scholarship, with interest, unless they
serve the required service obligation in a health professional
shortage area in the state of Washington.
(2) The interest rate shall be eight percent for the first
four years of repayment and ten percent beginning with the
fifth year of repayment.
(3) The period for repayment shall coincide with the
required service obligation, with payments of principal and
interest accruing quarterly commencing no later than nine
months from the date the participant completes or discontinues the course of study or completes or discontinues the
required residency. Provisions for deferral of payment shall
be determined by the board.
(4) The entire principal and interest of each payment
shall be forgiven for each payment period in which the participant serves in a health professional shortage area until the
entire repayment obligation is satisfied or the borrower
ceases to so serve. Should the participant cease to serve in a
health professional shortage area of this state before the participant’s repayment obligation is completed, payments on
the unsatisfied portion of the principal and interest shall
begin the next payment period and continue until the remainder of the participant’s repayment obligation is satisfied.
28B.115.120
28B.115.110 Participant obligation—Repayment
obligation. Participants in the health professional loan
repayment and scholarship program who are awarded loan
repayments shall receive payment from the program for the
purpose of repaying educational loans secured while attending a program of health professional training which led to a
credential as a credentialed health professional in the state of
Washington.
(1) Participants shall agree to meet the required service
obligation in a designated health professional shortage area.
(2) Repayment shall be limited to eligible educational
and living expenses as determined by the board and shall
include principal and interest.
(3) Loans from both government and private sources
may be repaid by the program. Participants shall agree to
allow the board access to loan records and to acquire information from lenders necessary to verify eligibility and to
determine payments. Loans may not be renegotiated with
lenders to accelerate repayment.
(4) Repayment of loans established pursuant to this program shall begin no later than ninety days after the individual
has become a participant. Payments shall be made quarterly,
or more frequently if deemed appropriate by the board, to the
participant until the loan is repaid or the participant becomes
ineligible due to discontinued service in a health professional
28B.115.110
[Title 28B RCW—page 236]
(2008 Ed.)
Foster Care Endowed Scholarship Program
Except for circumstances beyond their control, participants
who serve less than the required service obligation shall be
obliged to repay to the program an amount equal to twice the
total amount paid by the program on their behalf.
(5) The board is responsible for collection of repayments
made under this section and shall exercise due diligence in
such collection, maintaining all necessary records to ensure
that maximum repayments are made. Collection and servicing of repayments under this section shall be pursued using
the full extent of the law, including wage garnishment if necessary, and shall be performed by entities approved for such
servicing by the Washington student loan guaranty association or its successor agency. The board is responsible to forgive all or parts of such repayments under the criteria established in this section and shall maintain all necessary records
of forgiven payments.
(6) Receipts from the payment of principal or interest or
any other subsidies to which the board as administrator is
entitled, which are paid by or on behalf of participants under
this section, shall be deposited with the board and shall be
used to cover the costs of granting the scholarships, maintaining necessary records, and making collections under subsection (5) of this section. The board shall maintain accurate
records of these costs, and all receipts beyond those necessary to pay such costs shall be used to grant scholarships to
eligible students.
(7) Sponsoring communities who financially contribute
to the eligible financial expenses of eligible medical students
may enter into agreements with the student to require repayment should the student not serve the required service obligation in the community as a primary care physician. The board
may develop criteria for the content of such agreements with
respect to reasonable provisions and obligations between
communities and eligible students.
(8) The board may make exceptions to the conditions for
participation and repayment obligations should circumstances beyond the control of individual participants warrant
such exceptions. [1993 c 423 § 2; 1991 c 332 § 25.]
28B.115.130
28B.115.130 Health professional loan repayment and
scholarship program fund. (1) Any funds appropriated by
the legislature for the health professional loan repayment and
scholarship program or any other public or private funds
intended for loan repayments or scholarships under this program shall be placed in the account created by this section.
(2) The health professional loan repayment and scholarship program fund is created in custody of the state treasurer.
All receipts from the program shall be deposited into the
fund. Only the higher education coordinating board, or its
designee, may authorize expenditures from the fund. The
fund is subject to allotment procedures under chapter 43.88
RCW, but no appropriation is required for expenditures.
[1991 c 332 § 28.]
28B.115.140
28B.115.140 Transfer of program administration.
After consulting with the higher education coordinating
board, the governor may transfer the administration of this
program to another agency with an appropriate mission.
[1989 1st ex.s. c 9 § 722. Formerly RCW 18.150.070.]
(2008 Ed.)
28B.116.010
28B.115.900 Effective date—1989 1st ex.s. c 9.
RCW 43.70.910.
See
28B.115.901 Severability—1989 1st ex.s. c 9.
RCW 43.70.920.
See
28B.115.900
28B.115.901
28B.115.902 Application to scope of chapter—Captions not law—1991 c 332. See notes following RCW
18.130.010.
28B.115.902
Chapter 28B.116
Chapter 28B.116 RCW
FOSTER CARE ENDOWED
SCHOLARSHIP PROGRAM
Sections
28B.116.005 Findings.
28B.116.010 Definitions.
28B.116.020 Program created—Duties of the higher education coordinating board.
28B.116.030 Award of scholarships.
28B.116.040 Foster care endowed scholarship advisory board.
28B.116.050 Foster care endowed scholarship trust fund.
28B.116.060 Foster care scholarship endowment fund.
28B.116.070 State matching funds—Transfer of funds from trust fund to
endowment fund.
28B.116.005 Findings. The legislature finds that children who grow up in the foster care system face many financial challenges. The legislature also finds that these financial
challenges can discourage or prevent these children from pursuing a higher education. The legislature further finds that
access to a higher education will give children who are in foster care hope for the future. Moreover, the legislature finds
that financial assistance will help these children become successful, productive, contributing citizens and avoid cycles of
abuse, poverty, violence, and delinquency. [2005 c 215 § 1.]
28B.116.005
28B.116.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Institution of higher education" means a college or
university in the state of Washington that is accredited by an
accrediting association recognized as such by rule of the
higher education coordinating board.
(2) "Eligible student" means a student who:
(a) Is between the ages of sixteen and twenty-three;
(b) Has been in foster care in the state of Washington for
a minimum of six months since his or her fourteenth birthday;
(c) Is a financially needy student, as defined in RCW
28B.92.030;
(d) Is a resident student, as defined in RCW
28B.15.012(2);
(e) Has entered or will enter an institution of higher education in Washington state within three years of high school
graduation or having successfully completed his or her GED;
(f) Is not pursuing a degree in theology; and
(g) Makes satisfactory progress towards the completion
of a degree or certificate program.
(3) "Cost of attendance" means the cost associated with
the attendance of the institution of higher education as determined by the higher education coordinating board, including
but not limited to tuition, room, board, and books. [2005 c
215 § 2.]
28B.116.010
[Title 28B RCW—page 237]
28B.116.020
Title 28B RCW: Higher Education
28B.116.020 Program created—Duties of the higher
education coordinating board. (1) The foster care endowed
scholarship program is created. The purpose of the program
is to help students who were in foster care attend an institution of higher education in the state of Washington. The foster care endowed scholarship program shall be administered
by the higher education coordinating board.
(2) In administering the program, the higher education
coordinating board’s powers and duties shall include but not
be limited to:
(a) Adopting necessary rules and guidelines;
(b) Administering the foster care endowed scholarship
trust fund and the foster care scholarship endowment fund;
and
(c) Establishing and assisting the foster care endowed
scholarship advisory board in its duties as described in RCW
28B.116.040.
(3) In administering the program, the higher education
coordinating board’s powers and duties may include but not
be limited to:
(a) Working with the department of social and health services and the superintendent of public instruction to provide
information about the foster care endowed scholarship program to children in foster care in the state of Washington and
to students over the age of sixteen who could be eligible for
this program;
(b) Publicizing the program; and
(c) Contracting with a private agency to perform outreach to the potentially eligible students. [2005 c 215 § 3.]
28B.116.020
28B.116.030 Award of scholarships. (1) The higher
education coordinating board may award scholarships to eligible students from the foster care scholarship endowment
fund in RCW 28B.116.060, from funds appropriated to the
board for this purpose, from any private donations, or from
any other funds given to the board for the program.
(2) The board may award scholarships to eligible students from moneys earned from the foster care scholarship
endowment fund created in RCW 28B.116.060, or from
funds appropriated to the board for this purpose, or from any
private donations, or from any other funds given to the board
for this program. For an undergraduate student, the amount
of the scholarship shall not exceed the student’s demonstrated financial need. For a graduate student, the amount of
the scholarship shall not exceed the student’s demonstrated
need; or the stipend of a teaching assistant, including tuition,
at the University of Washington; whichever is higher. In calculating a student’s need, the board shall consider the student’s costs for tuition, fees, books, supplies, transportation,
room, board, personal expenses, and child care. The student’s scholarship awarded under this chapter shall not
exceed the amount received by a student attending a state
research university. A student is eligible to receive a scholarship for a maximum of five years. However, the length of the
scholarship shall be determined at the discretion of the board.
(3) Grants under this chapter shall not affect eligibility
for the state student financial aid program. [2005 c 215 § 4.]
28B.116.030
28B.116.040 Foster care endowed scholarship advisory board. (1) The foster care endowed scholarship advisory board is created.
28B.116.040
[Title 28B RCW—page 238]
(2) The advisory board shall be composed of not more
than seven members appointed by the higher education coordinating board. The advisory board should include representatives from the higher education coordinating board, the
office of the superintendent of public instruction, the foster
parent community, and community organizations serving the
foster children and former foster children community. The
advisory board membership shall be reflective of the cultural
diversity of the state.
(3) The advisory board:
(a) Shall assist the higher education coordinating board
in publicizing the foster care endowed scholarship program;
(b) Shall solicit grants and donations from public and
private sources for the program;
(c) Shall assist the higher education coordinating board
in the program development and the application screening
process; and
(d) May assist in performing outreach to the targeted students. [2005 c 215 § 5.]
28B.116.050 Foster care endowed scholarship trust
fund. (1) The foster care endowed scholarship trust fund is
created in the custody of the state treasurer.
(2) Funds appropriated by the legislature for the foster
care endowed scholarship trust fund shall be deposited in the
foster care endowed scholarship trust fund. When conditions
in RCW 28B.116.070 are met, the higher education coordinating board shall deposit state matching moneys from the
trust fund into the foster care scholarship endowment fund.
(3) No appropriation is required for expenditures from
the trust fund. [2005 c 215 § 6.]
28B.116.050
28B.116.060 Foster care scholarship endowment
fund. The foster care scholarship endowment fund is created
in the custody of the state treasurer. The investment of the
endowment fund shall be managed by the state investment
board.
(1) Moneys received from the higher education coordinating board, private donations, state matching moneys, and
funds received from any other source may be deposited into
the foster care scholarship endowment fund. Private moneys
received as a gift subject to conditions may be deposited into
the endowment fund if the conditions do not violate state or
federal law.
(2) At the request of the higher education coordinating
board, the state investment board shall release earnings from
the endowment fund to the state treasurer. The state treasurer
shall then release those funds at the request of the higher education coordinating board for scholarships. No appropriation
is required for expenditures from the endowment fund.
(3) The higher education coordinating board may disburse grants to eligible students from the foster care scholarship endowment fund. No appropriation is required for
expenditures from the endowment fund.
(4) When notified by court order that a condition
attached to a gift of private moneys from the foster care
scholarship endowment fund has failed, the higher education
coordinating board shall release those moneys to the donors
according to the terms of the conditional gift.
28B.116.060
(2008 Ed.)
Passport to College Promise Program
(5) The principal of the foster care scholarship endowment fund shall not be invaded. For the purposes of this section, only the first twenty-five thousand dollars deposited into
the foster care scholarship endowment fund shall be considered the principal. The release of moneys under subsection
(4) of this section shall not constitute an invasion of the corpus.
(6) The foster care scholarship endowment fund shall be
used solely for the purposes in this chapter, except when the
conditional gift of private moneys in the endowment fund
require a portion of the earnings on such moneys be reinvested in the endowment fund. [2007 c 73 § 3; 2005 c 215 §
7.]
28B.116.070 State matching funds—Transfer of
funds from trust fund to endowment fund. (1) The higher
education coordinating board may deposit twenty-five thousand dollars of state matching funds into the foster care scholarship endowment fund when the board can match state funds
with an equal amount of private cash donations.
(2) After the initial match of twenty-five thousand dollars, state matching funds from the foster care endowed
scholarship trust fund shall be released to the foster care
scholarship endowment fund semiannually so long as there
are funds available in the foster care endowed scholarship
trust fund. [2005 c 215 § 8.]
28B.116.070
Chapter 28B.117 RCW
PASSPORT TO COLLEGE PROMISE PROGRAM
Chapter 28B.117
Sections
28B.117.005
28B.117.010
28B.117.020
28B.117.030
28B.117.040
28B.117.050
28B.117.060
28B.117.070
28B.117.900
28B.117.901
Findings—Intent.
Program created—Purpose.
Definitions.
Program design and implementation—Student eligibility—
Scholarships.
Identification of eligible students and applicants—Duties of
institutions of higher education—Duties of the department
of social and health services.
Internet web site and outreach program.
Program of supplemental educational transition planning for
youth in foster care—Contract with nongovernmental
entity.
Reports—Recommendations.
Construction—2007 c 314.
Expiration of chapter.
28B.117.005 Findings—Intent. (Expires June 30,
2013.) (1)(a) The legislature finds that in Washington, there
are more than seven thousand three hundred children in foster
family or group care. These children face unique obstacles
and burdens as they transition to adulthood, including lacking
continuity in their elementary and high school educations.
As compared to the general population of students, twice as
many foster care youth change schools at least once during
their elementary and secondary school careers, and three
times as many change schools at least three times. Only
thirty-four percent of foster care youth graduate from high
school within four years, compared to seventy percent for the
general population. Of the former foster care youth who earn
a high school diploma, more than twenty-eight percent earn a
GED instead of a traditional high school diploma. This is
almost six times the rate of the general population. Research
indicates that GED holders tend not to be as economically
28B.117.005
(2008 Ed.)
28B.117.005
successful as the holders of traditional high school diplomas.
Only twenty percent of former foster care youth who earn a
high school degree enroll in college, compared to over sixty
percent of the population generally. Of the former foster care
youth who do enroll in college, very few go on to earn a
degree. Less than two percent of former foster care youth
hold bachelor’s degrees, compared to twenty-eight percent of
Washington’s population generally.
(b) Former foster care youth face two critical hurdles to
enrolling in college. The first is a lack of information regarding preparation for higher education and their options for
enrolling in higher education. The second is finding the
financial resources to fund their education. As a result of the
unique hurdles and challenges that face former foster care
youth, a disproportionate number of them are part of society’s large group of marginalized youth and are at increased
risk of continuing the cycle of poverty and violence that frequently plagues their families.
(c) Former foster care youth suffer from mental health
problems at a rate greater than that of the general population.
For example, one in four former foster care youth report having suffered from posttraumatic stress disorder within the
previous twelve months, compared to only four percent of the
general population. Similarly, the incidence of major depression among former foster care youth is twice that of the general population, twenty percent versus ten percent.
(d) There are other barriers for former foster care youth
to achieving successful adulthood. One-third of former foster
care youth live in households that are at or below the poverty
level. This is three times the rate for the general population.
The percentage of former foster care youth who report being
homeless within one year of leaving foster care varies from
over ten percent to almost twenty-five percent. By comparison, only one percent of the general population reports having been homeless at sometime during the past year. One in
three former foster care youth lack health insurance, compared to less than one in five people in the general population.
One in six former foster care youth receive cash public assistance. This is five times the rate of the general population.
(e) Approximately twenty-five percent of former foster
care youth are incarcerated at sometime after leaving foster
care. This is four times the rate of incarceration for the general population. Of the former foster care youth who "age
out" of foster care, twenty-seven percent of the males and ten
percent of the females are incarcerated within twelve to eighteen months of leaving foster care.
(f) Female former foster care youth become sexually
active more than seven months earlier than their nonfoster
care counterparts, have more sexual partners, and have a
mean age of first pregnancy of almost two years earlier than
their peers who were not in foster care.
(2) The legislature intends to create the passport to college promise pilot program. The pilot program will initially
operate for a six-year period, and will have two primary components, as follows:
(a) Significantly increasing outreach to foster care youth
between the ages of fourteen and eighteen regarding the
higher education opportunities available to them, how to
apply to college, and how to apply for and obtain financial
aid; and
[Title 28B RCW—page 239]
28B.117.010
Title 28B RCW: Higher Education
(b) Providing financial aid to former foster care youth to
assist with the costs of their public undergraduate college
education. [2007 c 314 § 1.]
28B.117.010 Program created—Purpose. (Expires
June 30, 2013.) The passport to college promise pilot program is created. The purpose of the program is:
(1) To encourage current and former foster care youth to
prepare for, attend, and successfully complete higher education; and
(2) To provide current and former foster care youth with
the educational planning, information, institutional support,
and direct financial resources necessary for them to succeed
in higher education. [2007 c 314 § 3.]
28B.117.010
28B.117.020 Definitions. (Expires June 30, 2013.)
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Cost of attendance" means the cost associated with
attending a particular institution of higher education as determined by the higher education coordinating board, including
but not limited to tuition, fees, room, board, books, personal
expenses, and transportation, plus the cost of reasonable
additional expenses incurred by an eligible student and
approved by a financial aid administrator at the student’s
school of attendance.
(2) "Emancipated from foster care" means a person who
was a dependent of the state in accordance with chapter 13.34
RCW and who was receiving foster care in the state of Washington when he or she reached his or her eighteenth birthday.
(3) "Financial need" means the difference between a student’s cost of attendance and the student’s total family contribution as determined by the method prescribed by the United
States department of education.
(4) "Independent college or university" means a private,
nonprofit institution of higher education, open to residents of
the state, providing programs of education beyond the high
school level leading to at least the baccalaureate degree, and
accredited by the Northwest association of schools and colleges, and other institutions as may be developed that are
approved by the higher education coordinating board as
meeting equivalent standards as those institutions accredited
under this section.
(5) "Institution of higher education" means:
(a) Any public university, college, community college,
or technical college operated by the state of Washington or
any political subdivision thereof; or
(b) Any independent college or university in Washington; or
(c) Any other university, college, school, or institute in
the state of Washington offering instruction beyond the high
school level that is a member institution of an accrediting
association recognized by rule of the higher education coordinating board for the purposes of this section: PROVIDED,
That any institution, branch, extension, or facility operating
within the state of Washington that is affiliated with an institution operating in another state must be a separately accredited member institution of any such accrediting association,
or a branch of a member institution of an accrediting association recognized by rule of the board for purposes of this sec28B.117.020
[Title 28B RCW—page 240]
tion, that is eligible for federal student financial aid assistance
and has operated as a nonprofit college or university delivering on-site classroom instruction for a minimum of twenty
consecutive years within the state of Washington, and has an
annual enrollment of at least seven hundred full-time equivalent students.
(6) "Program" means the passport to college promise
pilot program created in this chapter. [2007 c 314 § 2.]
28B.117.030 Program design and implementation—
Student eligibility—Scholarships. (Expires June 30,
2013.) (1) The higher education coordinating board shall
design and, to the extent funds are appropriated for this purpose, implement, a program of supplemental scholarship and
student assistance for students who have emancipated from
the state foster care system after having spent at least one
year in care.
(2) The board shall convene and consult with an advisory
committee to assist with program design and implementation.
The committee shall include but not be limited to former foster care youth and their advocates; representatives from the
state board for community and technical colleges, and from
public and private agencies that assist current and former foster care recipients in their transition to adulthood; and student
support specialists from public and private colleges and universities.
(3) To the extent that sufficient funds have been appropriated for this purpose, a student is eligible for assistance
under this section if he or she:
(a) Emancipated from foster care on or after January 1,
2007, after having spent at least one year in foster care subsequent to his or her sixteenth birthday;
(b) Is a resident student, as defined in RCW
28B.15.012(2);
(c) Is enrolled with or will enroll on at least a half-time
basis with an institution of higher education in Washington
state by the age of twenty-one;
(d) Is making satisfactory academic progress toward the
completion of a degree or certificate program, if receiving
supplemental scholarship assistance;
(e) Has not earned a bachelor’s or professional degree;
and
(f) Is not pursuing a degree in theology.
(4) A passport to college scholarship under this section:
(a) Shall not exceed resident undergraduate tuition and
fees at the highest-priced public institution of higher education in the state; and
(b) Shall not exceed the student’s financial need, less a
reasonable self-help amount defined by the board, when combined with all other public and private grant, scholarship, and
waiver assistance the student receives.
(5) An eligible student may receive a passport to college
scholarship under this section for a maximum of five years
after the student first enrolls with an institution of higher education or until the student turns age twenty-six, whichever
occurs first. If a student turns age twenty-six during an academic year, and would otherwise be eligible for a scholarship
under this section, the student shall continue to be eligible for
a scholarship for the remainder of the academic year.
(6) The higher education coordinating board, in consultation with and with assistance from the state board for com28B.117.030
(2008 Ed.)
Passport to College Promise Program
munity and technical colleges, shall perform an annual analysis to verify that those institutions of higher education at
which students have received a scholarship under this section
have awarded the student all available need-based and
merit-based grant and scholarship aid for which the student
qualifies.
(7) In designing and implementing the passport to college student support program under this section, the board, in
consultation with and with assistance from the state board for
community and technical colleges, shall ensure that a participating college or university:
(a) Has a viable plan for identifying students eligible for
assistance under this section, for tracking and enhancing their
academic progress, for addressing their unique needs for
assistance during school vacations and academic interims,
and for linking them to appropriate sources of assistance in
their transition to adulthood;
(b) Receives financial and other incentives for achieving
measurable progress in the recruitment, retention, and graduation of eligible students. [2007 c 314 § 4.]
28B.117.040
28B.117.040 Identification of eligible students and
applicants—Duties of institutions of higher education—
Duties of the department of social and health services.
(Expires June 30, 2013.) Effective operation of the passport
to college promise pilot program requires early and accurate
identification of former foster care youth so that they can be
linked to the financial and other assistance that will help them
succeed in college. To that end:
(1) All institutions of higher education that receive funding for student support services under RCW 28B.117.030
shall include on their applications for admission or on their
registration materials a question asking whether the applicant
has been in foster care in Washington state for at least one
year since his or her sixteenth birthday. All other institutions
of higher education are strongly encouraged to include such a
question. No institution may consider whether an applicant
may be eligible for a scholarship or student support services
under this chapter when deciding whether the applicant will
be granted admission.
(2) The department of social and health services shall
devise and implement procedures for efficiently, promptly,
and accurately identifying students and applicants who are
eligible for services under RCW 28B.117.030, and for sharing that information with the higher education coordinating
board and with institutions of higher education. The procedures shall include appropriate safeguards for consent by the
applicant or student before disclosure. [2007 c 314 § 5.]
28B.117.050
28B.117.050 Internet web site and outreach program. (Expires June 30, 2013.) (1) To the extent funds are
appropriated for this purpose, the higher education coordinating board, with input from the state board for community and
technical colleges, the foster care partnership, and institutions
of higher education, shall develop and maintain an internet
web site and outreach program to serve as a comprehensive
portal for foster care youth in Washington state to obtain
information regarding higher education including, but not
necessarily limited to:
(2008 Ed.)
28B.117.060
(a) Academic, social, family, financial, and logistical
information important to successful postsecondary educational success;
(b) How and when to obtain and complete college applications;
(c) What college placement tests, if any, are generally
required for admission to college and when and how to register for such tests;
(d) How and when to obtain and complete a federal free
application for federal student aid (FAFSA); and
(e) Detailed sources of financial aid likely available to
eligible former foster care youth, including the financial aid
provided by this chapter.
(2) The board shall determine whether to design, build,
and operate such program and web site directly or to use, support, and modify existing web sites created by government or
nongovernmental entities for a similar purpose. [2007 c 314
§ 6.]
28B.117.060 Program of supplemental educational
transition planning for youth in foster care—Contract
with nongovernmental entity. (Expires June 30, 2013.)
(1) To the extent funds are appropriated for this purpose, the
department of social and health services, with input from the
state board for community and technical colleges, the higher
education coordinating board, and institutions of higher education, shall contract with at least one nongovernmental
entity through a request for proposals process to develop,
implement, and administer a program of supplemental educational transition planning for youth in foster care in Washington state.
(2) The nongovernmental entity or entities chosen by the
department shall have demonstrated success in working with
foster care youth and assisting foster care youth in successfully making the transition from foster care to independent
adulthood.
(3) The selected nongovernmental entity or entities shall
provide supplemental educational transition planning to foster care youth in Washington state beginning at age fourteen
and then at least every six months thereafter. The supplemental transition planning shall include:
(a) Comprehensive information regarding postsecondary
educational opportunities including, but not limited to,
sources of financial aid, institutional characteristics and
record of support for former foster care youth, transportation,
housing, and other logistical considerations;
(b) How and when to apply to postsecondary educational
programs;
(c) What precollege tests, if any, the particular foster
care youth should take based on his or her postsecondary
plans and when to take the tests;
(d) What courses to take to prepare the particular foster
care youth to succeed at his or her postsecondary plans;
(e) Social, community, educational, logistical, and other
issues that frequently impact college students and their success rates; and
(f) Which web sites, nongovernmental entities, public
agencies, and other foster care youth support providers specialize in which services.
(4) The selected nongovernmental entity or entities shall
work directly with the school counselors at the foster care
28B.117.060
[Title 28B RCW—page 241]
28B.117.070
Title 28B RCW: Higher Education
youths’ high schools to ensure that a consistent and complete
transition plan has been prepared for each foster care youth
who emancipates out of the foster care system in Washington
state. [2007 c 314 § 7.]
28B.117.070 Reports—Recommendations. (Expires
June 30, 2013.) (1) The higher education coordinating board
shall report to appropriate committees of the legislature by
January 15, 2008, on the status of program design and implementation. The report shall include a discussion of proposed
scholarship and student support service approaches; an estimate of the number of students who will receive such services; baseline information on the extent to which former foster care youth who meet the eligibility criteria in RCW
28B.117.030 have enrolled and persisted in postsecondary
education; and recommendations for any statutory changes
needed to promote achievement of program objectives.
(2) The state board for community and technical colleges
and the higher education coordinating board shall monitor
and analyze the extent to which eligible young people are
increasing their participation, persistence, and progress in
postsecondary education, and shall jointly submit a report on
their findings to appropriate committees of the legislature by
December 1, 2009, and by December 1, 2011.
(3) The Washington state institute for public policy shall
complete an evaluation of the passport to college promise
pilot program and shall submit a report to appropriate committees of the legislature by December 1, 2012. The report
shall estimate the impact of the program on eligible students’
participation and success in postsecondary education, and
shall include recommendations for program revision and
improvement. [2007 c 314 § 8.]
28B.117.070
28B.117.900 Construction—2007 c 314. (Expires
June 30, 2013.) Nothing in this chapter may be construed to:
(1) Guarantee acceptance by, or entrance into, any institution of higher education; or
(2) Limit the participation of youth, in or formerly in,
foster care in Washington state in any other program of financial assistance for postsecondary education. [2007 c 314 § 9.]
28B.117.900
28B.117.901 Expiration of chapter. This chapter
expires June 30, 2013. [2007 c 314 § 10.]
28B.117.901
Chapter 28B.118 RCW
COLLEGE BOUND SCHOLARSHIP PROGRAM
Chapter 28B.118
Sections
28B.118.005 Intent—Finding.
28B.118.010 Program design.
28B.118.020 Duties of the office of the superintendent of public instruction.
28B.118.030 Duty of school districts—Notification.
28B.118.040 Duties of the higher education coordinating board.
28B.118.050 Grants, gifts, bequests, and devises.
28B.118.060 Rules.
28B.118.005 Intent—Finding. The legislature intends
to inspire and encourage all Washington students to dream
big by creating a guaranteed four-year tuition scholarship
program for students from low-income families. The legislature finds that, too often, financial barriers prevent many of
28B.118.005
[Title 28B RCW—page 242]
the brightest students from considering college as a future
possibility. Often the cost of tuition coupled with the complexity of finding and applying for financial aid is enough to
prevent a student from even applying to college. Many students become disconnected from the education system early
on and may give up or drop out before graduation. It is the
intent of the legislature to alert students early in their educational career to the options and opportunities available
beyond high school. [2007 c 405 § 1.]
28B.118.010 Program design. The higher education
coordinating board shall design the Washington college
bound scholarship program in accordance with this section.
(1) "Eligible students" are those students who qualify for
free or reduced-price lunches. If a student qualifies in the
seventh grade, the student remains eligible even if the student
does not receive free or reduced-price lunches thereafter.
(2) Eligible students shall be notified of their eligibility
for the Washington college bound scholarship program
beginning in their seventh grade year. Students shall also be
notified of the requirements for award of the scholarship.
(3) To be eligible for a Washington college bound scholarship, a student must sign a pledge during seventh or eighth
grade that includes a commitment to graduate from high
school with at least a C average and with no felony convictions. Students who were in the eighth grade during the
2007-08 school year may sign the pledge during the 2008-09
school year. The pledge must be witnessed by a parent or
guardian and forwarded to the higher education coordinating
board by mail or electronically, as indicated on the pledge
form.
(4)(a) Scholarships shall be awarded to eligible students
graduating from public high schools, approved private high
schools under chapter 28A.195 RCW, or who received homebased instruction under chapter 28A.200 RCW.
(b) To receive the Washington college bound scholarship, a student must graduate with at least a "C" average from
a public high school or an approved private high school under
chapter 28A.195 RCW in Washington or have received
home-based instruction under chapter 28A.200 RCW, must
have no felony convictions, and must be a resident student as
defined in RCW 28B.15.012(2) (a) through (d).
(5) A student’s family income will be assessed upon
graduation before awarding the scholarship.
(6) If at graduation from high school the student’s family
income does not exceed sixty-five percent of the state median
family income, scholarship award amounts shall be as provided in this section.
(a) For students attending two or four-year institutions of
higher education as defined in RCW 28B.10.016, the value of
the award shall be (i) the difference between the student’s
tuition and required fees, less the value of any state-funded
grant, scholarship, or waiver assistance the student receives;
(ii) plus five hundred dollars for books and materials.
(b) For students attending private four-year institutions
of higher education in Washington, the award amount shall
be the representative average of awards granted to students in
public research universities in Washington.
(c) For students attending private vocational schools in
Washington, the award amount shall be the representative
28B.118.010
(2008 Ed.)
Washington Promise Scholarship Program
average of awards granted to students in public community
and technical colleges in Washington.
(7) Recipients may receive no more than four full-time
years’ worth of scholarship awards.
(8) Institutions of higher education shall award the student all need-based and merit-based financial aid for which
the student would otherwise qualify. The Washington college bound scholarship is intended to replace unmet need,
loans, and, at the student’s option, work-study award before
any other grants or scholarships are reduced.
(9) The first scholarships shall be awarded to students
graduating in 2012.
(10) The state of Washington retains legal ownership of
tuition units awarded as scholarships under this chapter until
the tuition units are redeemed. These tuition units shall
remain separately held from any tuition units owned under
chapter 28B.95 RCW by a Washington college bound scholarship recipient.
(11) The scholarship award must be used within five
years of receipt. Any unused scholarship tuition units revert
to the Washington college bound scholarship account.
(12) Should the recipient terminate his or her enrollment
for any reason during the academic year, the unused portion
of the scholarship tuition units shall revert to the Washington
college bound scholarship account. [2008 c 321 § 9; 2007 c
405 § 2.]
Findings—2008 c 321: See note following RCW 28A.655.061.
28B.118.020 Duties of the office of the superintendent of public instruction. The office of the superintendent
of public instruction shall:
(1) Notify elementary, middle, and junior high schools
about the Washington college bound scholarship program
using methods in place for communicating with schools and
school districts; and
(2) Work with the higher education coordinating board
to develop application collection and student tracking procedures. [2007 c 405 § 3.]
28B.119.010
(3) Develop and implement a student application, selection, and notification process for scholarships;
(4) Track scholarship recipients to ensure continued eligibility and determine student compliance for awarding of
scholarships;
(5) Subject to appropriation, deposit funds into the state
educational trust fund;
(6) Purchase tuition units under the advanced college
tuition payment program in chapter 28B.95 RCW to be
owned and held in trust by the board, for the purpose of
scholarship awards as provided for in this section; and
(7) Distribute scholarship funds, in the form of tuition
units purchased under the advanced college tuition payment
program in chapter 28B.95 RCW or through direct payments
from the state educational trust fund, to institutions of higher
education on behalf of scholarship recipients identified by the
board, as long as recipients maintain satisfactory academic
progress. [2007 c 405 § 5.]
28B.118.050 Grants, gifts, bequests, and devises. The
higher education coordinating board may accept grants, gifts,
bequests, and devises of real and personal property from any
source for the purpose of granting financial aid in addition to
that funded by the state. [2007 c 405 § 6.]
28B.118.050
28B.118.060 Rules. The higher education coordinating
board may adopt rules to implement this chapter. [2007 c 405
§ 7.]
28B.118.060
28B.118.020
28B.118.030 Duty of school districts—Notification.
Each school district shall notify students, parents, teachers,
counselors, and principals about the Washington college
bound scholarship program through existing channels. Notification methods may include, but are not limited to, regular
school district and building communications, online scholarship bulletins and announcements, notices posted on school
walls and bulletin boards, information available in each counselor’s office, and school or district scholarship information
sessions. [2007 c 405 § 4.]
28B.118.030
28B.118.040 Duties of the higher education coordinating board. The higher education coordinating board
shall:
(1) With the assistance of the office of the superintendent
of public instruction, implement and administer the Washington college bound scholarship program;
(2) Develop and distribute, to all schools with students
enrolled in grade seven or eight, a pledge form that can be
completed and returned electronically or by mail by the student or the school to the higher education coordinating board;
28B.118.040
(2008 Ed.)
Chapter 28B.119
Chapter 28B.119 RCW
WASHINGTON PROMISE
SCHOLARSHIP PROGRAM
Sections
28B.119.005
28B.119.010
28B.119.020
28B.119.030
28B.119.040
Intent—Finding.
Program design—Parameters.
Implementation and administration.
Funding for state need grant program not impaired.
Requirements for students receiving home-based instruction
not affected.
28B.119.050 Washington promise scholarship account.
28B.119.900 Effective date—2002 c 204.
28B.119.005 Intent—Finding. The legislature intends
to strengthen the link between postsecondary education and
K-12 education by creating the Washington promise scholarship program for academically successful high school graduates from low and middle-income families. The legislature
finds that, increasingly, an individual’s economic viability is
contingent on postsecondary educational opportunities, yet
the state’s full financial obligation is eliminated after the
twelfth grade. Students who work hard in kindergarten
through twelfth grade and successfully complete high school
with high academic marks may not have the financial ability
to attend college because they cannot obtain financial aid or
the financial aid is insufficient. [2002 c 204 § 1.]
28B.119.005
28B.119.010 Program design—Parameters. The
higher education coordinating board shall design the Washington promise scholarship program based on the following
parameters:
28B.119.010
[Title 28B RCW—page 243]
28B.119.020
Title 28B RCW: Higher Education
(1) Scholarships shall be awarded to students graduating
from public and approved private high schools under chapter
28A.195 RCW, students participating in home-based instruction as provided in chapter 28A.200 RCW, and persons
twenty-one years of age or younger receiving a GED certificate, who meet both an academic and a financial eligibility
criteria.
(a) Academic eligibility criteria shall be defined as follows:
(i) Beginning with the graduating class of 2002, students
graduating from public and approved private high schools
under chapter 28A.195 RCW must be in the top fifteen percent of their graduating class, as identified by each respective
high school at the completion of the first term of the student’s
senior year; or
(ii) Students graduating from public high schools,
approved private high schools under chapter 28A.195 RCW,
students participating in home-based instruction as provided
in chapter 28A.200 RCW, and persons twenty-one years of
age or younger receiving a GED certificate, must equal or
exceed a cumulative scholastic assessment test I score of
twelve hundred on their first attempt or must equal or exceed
a composite American college test score of twenty-seven on
their first attempt.
(b) To meet the financial eligibility criteria, a student’s
family income shall not exceed one hundred thirty-five percent of the state median family income adjusted for family
size, as determined by the higher education coordinating
board for each graduating class. Students not meeting the eligibility requirements for the first year of scholarship benefits
may reapply for the second year of benefits, but must still
meet the income standard set by the board for the student’s
graduating class.
(2) Promise scholarships are not intended to supplant any
grant, scholarship, or tax program related to postsecondary
education. If the board finds that promise scholarships supplant or reduce any grant, scholarship, or tax program for categories of students, then the board shall adjust the financial
eligibility criteria or the amount of scholarship to the level
necessary to avoid supplanting.
(3) Within available funds, each qualifying student shall
receive two consecutive annual awards, the value of each not
to exceed the full-time annual resident tuition rates charged
by Washington’s community colleges. The higher education
coordinating board shall award scholarships to as many students as possible from among those qualifying under this section.
(4) By October 15th of each year, the board shall determine the award amount of the scholarships, after taking into
consideration the availability of funds.
(5) The scholarships may only be used for undergraduate
coursework at accredited institutions of higher education in
the state of Washington.
(6) The scholarships may be used for undergraduate
coursework at Oregon institutions of higher education that
are part of the border county higher education opportunity
project in RCW 28B.76.685 when those institutions offer
programs not available at accredited institutions of higher
education in Washington state.
[Title 28B RCW—page 244]
(7) The scholarships may be used for college-related
expenses, including but not limited to, tuition, room and
board, books, and materials.
(8) The scholarships may not be awarded to any student
who is pursuing a degree in theology.
(9) The higher education coordinating board may establish satisfactory progress standards for the continued receipt
of the promise scholarship.
(10) The higher education coordinating board shall
establish the time frame within which the student must use
the scholarship. [2004 c 275 § 60; 2003 c 233 § 5; 2002 c 204
§ 2.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.119.020 Implementation and administration.
The higher education coordinating board, with the assistance
of the office of the superintendent of public instruction, shall
implement and administer the Washington promise scholarship program described in RCW 28B.119.010 as follows:
(1) The first scholarships shall be awarded to eligible
students enrolling in postsecondary education in the 2002-03
academic year.
(2) The office of the superintendent of public instruction
shall provide information to the higher education coordinating board that is necessary for implementation of the program. The higher education coordinating board and the office
of the superintendent of public instruction shall jointly establish a timeline and procedures necessary for accurate and
timely data reporting.
(a) For students meeting the academic eligibility criteria
as provided in RCW 28B.119.010(1)(a), the office of the
superintendent of public instruction shall provide the higher
education coordinating board with student names, addresses,
birth dates, and unique numeric identifiers.
(b) Public and approved private high schools under chapter 28A.195 RCW shall provide requested information necessary for implementation of the program to the office of the
superintendent of public instruction within the established
timeline.
(c) All student data is confidential and may be used
solely for the purposes of providing scholarships to eligible
students.
(3) The higher education coordinating board may adopt
rules to implement this chapter. [2002 c 204 § 3.]
28B.119.020
28B.119.030 Funding for state need grant program
not impaired. The Washington promise scholarship program shall not be funded at the expense of the state need grant
program as defined in chapter 28B.92 RCW. In administering the state need grant and promise scholarship programs,
the higher education coordinating board shall first ensure that
eligibility for state need grant recipients is at least fifty-five
percent of state median family income. [2004 c 275 § 71;
2002 c 204 § 4.]
28B.119.030
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.119.040 Requirements for students receiving
home-based instruction not affected. This chapter shall not
be construed to change current state requirements for stu28B.119.040
(2008 Ed.)
Washington Fund for Innovation and Quality in Higher Education Program
dents who received home-based instruction under chapter
28A.200 RCW. [2002 c 204 § 5.]
28B.119.050 Washington promise scholarship
account. (1) The Washington promise scholarship account is
created in the custody of the state treasurer. The account shall
be a nontreasury account retaining its interest earnings in
accordance with RCW 43.79A.040.
(2) The higher education coordinating board shall
deposit in the account all money received for the program.
The account shall be self-sustaining and consist of funds
appropriated by the legislature for the Washington promise
scholarship program, private contributions to the program,
and refunds of Washington promise scholarships.
(3) Expenditures from the account shall be used for
scholarships to eligible students.
(4) With the exception of the operating costs associated
with the management of the account by the treasurer’s office
as authorized in chapter 43.79A RCW, the account shall be
credited with all investment income earned by the account.
(5) Disbursements from the account are exempt from
appropriations and the allotment provisions of chapter 43.88
RCW.
(6) Disbursements from the account shall be made only
on the authorization of the higher education coordinating
board. [2002 c 204 § 6.]
28B.119.050
28B.119.900 Effective date—2002 c 204. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[March 27, 2002]. [2002 c 204 § 9.]
28B.119.900
Chapter 28B.120 RCW
WASHINGTON FUND FOR INNOVATION AND
QUALITY IN HIGHER EDUCATION PROGRAM
Chapter 28B.120
Sections
28B.120.005
28B.120.010
28B.120.020
28B.120.025
28B.120.030
28B.120.040
28B.120.050
28B.120.900
(2008 Ed.)
(1) Recognizing needs of special populations of students;
(2) Furthering the development of learner-centered,
technology-assisted course delivery;
(3) Furthering the development of competency-based
measurements of student achievement to be used as the basis
for awarding degrees and certificates; and
(4) Increasing the collaboration among both public and
private sector institutions of higher education. [1999 c 169 §
2; 1991 c 98 § 1.]
28B.120.010
28B.120.010 Washington fund for innovation and
quality in higher education program—Incentive grants.
The Washington fund for innovation and quality in higher
education program is established. The higher education coordinating board shall administer the program for the purpose
of awarding grants in which a four-year institution of higher
education is named as the lead institution. The state board for
community and technical colleges shall administer the program for the purpose of awarding grants in which a community or technical college is named as the lead institution.
Through this program the boards may award on a competitive
basis incentive grants to state public institutions of higher
education or consortia of institutions to encourage cooperative programs designed to address specific system problems.
Grants shall not exceed a two-year period. Each institution or
consortia of institutions receiving the award shall contribute
some financial support, either by covering part of the costs
for the program during its implementation, or by assuming
continuing support at the end of the grant period. Strong priority will be given to proposals that involve more than one
sector of education, and to proposals that show substantive
institutional commitment. Institutions are encouraged to
solicit nonstate funds to support these cooperative programs.
[1999 c 169 § 5; 1996 c 41 § 1; 1991 c 98 § 2.]
28B.120.020
Findings.
Washington fund for innovation and quality in higher education program—Incentive grants.
Program administration—Higher education coordinating
board.
Program administration—State board for community and
technical colleges.
Receipt of gifts, grants, and endowments.
Higher education coordinating board fund for innovation
and quality.
Community and technical college fund for innovation and
quality.
Intent—1999 c 169.
28B.120.005 Findings. The legislature finds that
encouraging collaboration among the various educational
sectors to meet statewide needs will strengthen the entire
educational system, kindergarten through twelfth grade and
higher education. The legislature also recognizes that the
most effective way to develop innovative and collaborative
programs is to encourage institutions to develop them voluntarily, in line with established state goals. Through a system
of competitive grants, the legislature shall encourage the
development of innovative and collaborative solutions to
issues of critical statewide need, including:
28B.120.005
28B.120.020
28B.120.020 Program administration—Higher education coordinating board. The higher education coordinating board shall have the following powers and duties in
administering the program for those proposals in which a
four-year institution of higher education is named as the lead
institution and fiscal agent:
(1) To adopt rules necessary to carry out the program;
(2) To establish one or more review committees to assist
in the evaluation of proposals for funding. The review committee shall include individuals with significant experience in
higher education in areas relevant to one or more of the funding period priorities and shall include representatives from
both the four-year and two-year sectors of higher education;
(3) To award grants no later than September 1st in those
years when funding is available by June 30th;
(4) To establish each biennium specific guidelines for
submitting grant proposals consistent with the overall goals
of the program and consistent with the guidelines established
by the state board for community and technical colleges
under RCW 28B.120.025. During the 1999-01 biennium the
guidelines shall be consistent with the following desired outcomes of:
[Title 28B RCW—page 245]
28B.120.025
Title 28B RCW: Higher Education
(a) Minority and diversity initiatives that encourage the
participation of minorities in higher education, including students with disabilities;
(b) K-12 teacher preparation models that encourage collaboration between higher education and K-12 to improve the
preparedness of teachers, including provisions for higher
education faculty involved with teacher preparation to spend
time teaching in K-12 schools;
(c) Collaborative instructional programs involving K-12,
community and technical colleges, and four-year institutions
of higher education to develop a three-year degree program,
or reduce the time to degree;
(d) Contracts with public or private institutions or businesses to provide services or the development of collaborative programs;
(e) Articulation and transfer activities to smooth the
transfer of students from K-12 to higher education, or from
the community colleges and technical colleges to four-year
institutions;
(f) Projects that further the development of learner-centered, technology-assisted course delivery; and
(g) Projects that further the development of competencybased measurements of student achievement to be used as the
basis for awarding degrees and certificates.
After June 30, 2001, and each biennium thereafter, the
board shall determine funding priorities for collaborative proposals for the biennium in consultation with the governor, the
legislature, the office of the superintendent of public instruction, the state board for community and technical colleges,
the workforce training and education coordinating board,
higher education institutions, educational associations, and
business and community groups consistent with statewide
needs;
(5) To solicit grant proposals and provide information to
the institutions of higher education about the program; and
(6) To establish reporting, evaluation, accountability,
monitoring, and dissemination requirements for the recipients of the grants awarded by the higher education coordinating board. [1999 c 169 § 3; 1996 c 41 § 2; 1991 c 98 § 3.]
28B.120.025 Program administration—State board
for community and technical colleges. The state board for
community and technical colleges has the following powers
and duties in administering the program for those proposals
in which a community or technical college is named as the
lead institution and fiscal agent:
(1) To adopt rules necessary to carry out the program;
(2) To establish one or more review committees to assist
in the evaluation of proposals for funding. The review committee shall include individuals with significant experience in
higher education in areas relevant to one or more of the funding period priorities and shall include representatives from
both the four-year and two-year sectors of higher education;
(3) To award grants no later than September 1st in those
years when funding is available by June 30th;
(4) To establish each biennium specific guidelines for
submitting grant proposals consistent with the overall goals
of the program and consistent with the guidelines established
by the higher education coordinating board under RCW
28B.120.020. During the 1999-01 biennium the guidelines
shall be consistent with the following desired outcomes of:
28B.120.025
[Title 28B RCW—page 246]
(a) Minority and diversity initiatives that encourage the
participation of minorities in higher education, including students with disabilities;
(b) K-12 teacher preparation models that encourage collaboration between higher education and K-12 to improve the
preparedness of teachers, including provisions for higher
education faculty involved with teacher preparation to spend
time teaching in K-12 schools;
(c) Collaborative instructional programs involving K-12,
community and technical colleges, and four-year institutions
of higher education to develop a three-year degree program,
or reduce the time to degree;
(d) Contracts with public or private institutions or businesses to provide services or the development of collaborative programs;
(e) Articulation and transfer activities to smooth the
transfer of students from K-12 to higher education, or from
the community colleges and technical colleges to four-year
institutions;
(f) Projects that further the development of learner-centered, technology-assisted course delivery; and
(g) Projects that further the development of competencybased measurements of student achievement to be used as the
basis for awarding degrees and certificates;
(5) To solicit grant proposals and provide information to
the community and technical colleges and private career
schools; and
(6) To establish reporting, evaluation, accountability,
monitoring, and dissemination requirements for the recipients of the grants awarded by the state board for community
and technical colleges. [1999 c 169 § 4.]
28B.120.030 Receipt of gifts, grants, and endowments. The higher education coordinating board and the
state board for community and technical colleges may solicit
and receive such gifts, grants, and endowments from public
or private sources as may be made from time to time, in trust
or otherwise, for the use and benefit of the purposes of the
program and may expend the same or any income therefrom
according to the terms of the gifts, grants, or endowments.
[1999 c 169 § 6; 1991 c 98 § 4.]
28B.120.030
28B.120.040 Higher education coordinating board
fund for innovation and quality. The higher education
coordinating board fund for innovation and quality is hereby
established in the custody of the state treasurer. The higher
education coordinating board shall deposit in the fund all
moneys received under RCW 28B.120.030. Moneys in the
fu nd m ay be sp en t only fo r the pu rp oses of RCW
28B.120.010 and 28B.120.020. Disbursements from the fund
shall be on the authorization of the higher education coordinating board. The fund is subject to the allotment procedure
provided under chapter 43.88 RCW, but no appropriation is
required for disbursements. [1999 c 169 § 7; 1996 c 41 § 3;
1991 c 98 § 5.]
28B.120.040
28B.120.050 Community and technical college fund
for innovation and quality. The community and technical
college fund for innovation and quality is hereby established
in the custody of the state treasurer. The state board for com28B.120.050
(2008 Ed.)
Food Animal Veterinarian Conditional Scholarship Program
munity and technical colleges shall deposit in the fund all
moneys received under RCW 28B.120.030. Moneys in the
fu nd m ay be sp en t o nly f or the pur po ses of RCW
28B.120.010 and 28B.120.025. Disbursements from the fund
shall be on the authorization of the state board for community
and technical colleges. The fund is subject to the allotment
procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements. [1999 c 169 § 8.]
28B.120.900 Intent—1999 c 169. It is the intent of the
legislature to update and fund the higher education competitive grant program established by the 1991 legislature, known
as the Washington fund for innovation and quality in higher
education. Changes are needed so that the goals and priorities
set forth for awarding grants reflect the 1999-01 goals and
priorities. The legislature also intends to improve the administration of the program by separating responsibilities
between the higher education coordinating board and the
state board for community and technical colleges. [1999 c
169 § 1.]
28B.120.900
Chapter 28B.121
Chapter 28B.121 RCW
FOOD ANIMAL VETERINARIAN CONDITIONAL
SCHOLARSHIP PROGRAM
Sections
28B.121.005
28B.121.010
28B.121.020
28B.121.030
28B.121.040
28B.121.050
28B.121.060
28B.121.070
Findings—Intent.
Definitions.
Program established.
Selection of participants—Selection committee—Selection criteria.
Eligibility.
Award of scholarships—Amount—Duration.
Repayment obligation—Rules.
Food animal veterinarian conditional scholarship account.
28B.121.005 Findings—Intent. The legislature finds
that there is a critical shortage of food animal veterinarians
particularly in rural areas of the state. The legislature finds
that among the factors contributing to this shortage is the
need to repay student loans that are taken out to pay for an
extensive and high-cost education. To pay these student
loans, licensed graduates currently find it necessary to take
higher paying positions that provide service to companion
and small animals.
The legislature finds that the livestock industry provides
a critical component of the food supply. Providing adequate
animal health and disease diagnostic services is of high
importance not only to protect animal health, but also for the
protection of our food supply, the protection of public health
from potential effects of contagious diseases, and to provide
an essential disease detection and response capability.
The legislature intends to increase the supply of food
animal veterinarians by providing incentives to graduates of
Washington State University college of veterinary medicine
to focus on food animal health services to address this critical
shortage. [2008 c 208 § 1.]
28B.121.005
28B.121.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly
requires otherwise.
28B.121.010
(2008 Ed.)
28B.121.030
(1) "College" means the Washington State University
college of veterinary medicine.
(2) "Conditional scholarship" means a loan that is forgiven in whole or in part if the recipient renders service as a
food animal veterinarian in this state.
(3) "Eligible student" means a student who is registered
for at least six credit hours or the equivalent, is making satisfactory academic progress as defined by the college, has
declared veterinary medicine for his or her major, and has a
declared intention to practice veterinary medicine with an
emphasis in food animal medicine in the state of Washington.
(4) "Food animal" means any species commonly recognized as livestock including, but not limited to, poultry, cattle, swine, and sheep.
(5) "Food animal veterinarian" means a veterinarian
licensed and registered under chapter 18.92 RCW and
engaged in general and food animal practice as a primary specialty, who has at least fifty percent of his or her practice time
devoted to large production animal veterinary practice.
(6) "Forgiven" or "to forgive" or "forgiveness" means to
practice veterinary medicine with an emphasis in food animal
medicine in the state of Washington in lieu of monetary
repayment.
(7) "Participant" means an eligible student who has
received a conditional scholarship under this chapter.
(8) "Satisfied" means paid-in-full.
(9) "University" means Washington State University.
[2008 c 208 § 2.]
28B.121.020 Program established. The food animal
veterinarian conditional scholarship program is established.
The program shall be administered by the university. In
administering the program, the university has the following
powers and duties:
(1) To select, in consultation with the college, up to two
students each year to receive conditional scholarships;
(2) To adopt necessary rules and guidelines;
(3) To publicize the program;
(4) To collect and manage repayments from students
who do not meet their obligations under this chapter; and
(5) To solicit and accept grants and donations from public and private sources for the program. [2008 c 208 § 3.]
28B.121.020
28B.121.030 Selection of participants—Selection
committee—Selection criteria. (1) The university shall
select participants based on an application process conducted
by the university.
(2) The university shall establish a selection committee
for screening and selecting recipients of the conditional
scholarships. The selection committee shall include at least
two representatives from the college, at least one of whom is
a faculty member teaching in food animal veterinary medicine, and at least one representative from the beef, dairy, or
sheep industry.
(3) The selection criteria shall emphasize factors demonstrating a sustained interest in food animals and serving the
needs of Washington’s agricultural communities. The criteria shall also take into account the need for food animal veterinarians in diverse areas of the state and allocate funds in a
28B.121.030
[Title 28B RCW—page 247]
28B.121.040
Title 28B RCW: Higher Education
manner designed to represent a cross-section of geographic
locations. [2008 c 208 § 4.]
28B.121.040 Eligibility. To remain an eligible student
and receive continuing disbursements under the program, a
participant must be considered by the college to be making
satisfactory academic progress. [2008 c 208 § 5.]
28B.121.040
28B.121.050 Award of scholarships—Amount—
Duration. The university may award conditional scholarships to eligible students from the funds appropriated to the
university for this purpose, or from any private donations, or
any other funds given to the university for this program. The
amount of the conditional scholarship awarded an individual
may not exceed the amount of resident tuition and fees at the
college, as well as the cost of room, board, laboratory fees
and supplies, and books, incurred by an eligible student and
approved by a financial aid administrator at the university.
Participants are eligible to receive conditional scholarships
for a maximum of five years. [2008 c 208 § 6.]
28B.121.050
28B.121.060 Repayment obligation—Rules. (1) A
participant in the conditional scholarship program incurs an
obligation to repay the conditional scholarship, with interest,
unless he or she is employed as a food animal veterinarian in
Washington state for each year of scholarship received, under
rules adopted by the university.
(2) The interest rate shall be determined annually by the
university.
(3) The minimum payment shall be set by the university.
The maximum period for repayment is ten years, with payments of principal and interest accruing quarterly commencing six months from the date the participant completes or discontinues the course of study, including any internship or residency in food animal medicine and surgery. Provisions for
deferral of payment shall be determined by the university.
(4) The entire principal and interest of each payment
shall be forgiven for each payment period in which the participant is employed as a food animal veterinarian in this state
until the entire repayment obligation is satisfied. Should the
participant cease to be employed as a food animal veterinarian in this state before the participant’s repayment obligation
is completed, payments on the unsatisfied portion of the principal and interest shall begin the next payment period and
continue until the remainder of the participant’s repayment
obligation is satisfied.
(5) The university is responsible for collection of repayments made under this section and shall exercise due diligence in such collection, maintaining all necessary records to
ensure that maximum repayments are made. Collection and
servicing of repayments under this section shall be pursued
using the full extent of the law, including wage garnishment
if necessary. The university is responsible to forgive all or
parts of such repayments under the criteria established in this
section and shall maintain all necessary records of forgiven
payments.
(6) Receipts from the payment of principal or interest or
any other subsidies to which the university as administrator is
entitled, that are paid by or on behalf of participants under
this section, shall be deposited in the food animal veterinarian
28B.121.060
[Title 28B RCW—page 248]
conditional scholarship account and shall be used to cover the
costs of granting the conditional scholarships, maintaining
necessary records, and making collections under subsection
(5) of this section. The university shall maintain accurate
records of these costs, and all receipts beyond those necessary to pay such costs shall be used to grant conditional
scholarships to eligible students.
(7) The university shall adopt rules to define the terms of
repayment, including applicable interest rates, fees, and
deferments. [2008 c 208 § 7.]
28B.121.070 Food animal veterinarian conditional
scholarship account. (1) The food animal veterinarian conditional scholarship account is created in the custody of the
state treasurer. No appropriation is required for expenditures
of funds from the account. The account is not subject to allotment procedures under chapter 43.88 RCW except for moneys used for program administration.
(2) The university shall deposit into the account all moneys received for the program. The account shall be self-sustaining and consist of funds appropriated by the legislature
for the food animal veterinarian conditional scholarship program, private contributions to the program, and receipts from
participant repayments.
(3) Expenditures from the account may be used solely
for conditional scholarships to participants in the program
established by this chapter and costs associated with program
administration by the university.
(4) Disbursements from the account may be made only
on the authorization of the university. [2008 c 208 § 8.]
28B.121.070
Chapter 28B.130
Chapter 28B.130 RCW
TRANSPORTATION DEMAND
MANAGEMENT PROGRAMS
Sections
28B.130.005
28B.130.010
28B.130.020
28B.130.030
28B.130.040
Findings—Intent.
Definitions.
Transportation fee.
Use of transportation fees.
Adoption of guidelines for establishing and funding transportation demand management programs.
28B.130.005 Findings—Intent. Transportation
demand management strategies that reduce the number of
vehicles on Washington state’s highways, roads, and streets,
and provide attractive and effective alternatives to singleoccupancy travel, can improve ambient air quality, conserve
fossil fuels, and forestall the need for capital improvements to
the state’s transportation system. The legislature has required
many public and private employers in the state’s largest
counties to implement transportation demand management
programs to reduce the number of single-occupant vehicle
travelers during the morning and evening rush hours, and has
provided substantial funding for the University of Washington’s UPASS program, which has been immensely successful
in its first two years of implementation. The legislature finds
that additional transportation demand management strategies
are required to mitigate the adverse social, environmental,
and economic effects of auto dependency and traffic congestion. While expensive capital improvements, including dedicated busways and commuter rail systems, may be necessary
28B.130.005
(2008 Ed.)
Gaining Independence for Students with Dependents Program
to improve the region’s mobility, they are only part of the
solution. All public and private entities that attract singleoccupant vehicle drivers must develop imaginative and
cost-effective ways to encourage walking, bicycling, carpooling, vanpooling, bus riding, and telecommuting. It is the
intent of the legislature to revise those portions of state law
that inhibit the application of imaginative solutions to the
state’s transportation mobility problems, and to encourage
many more public and private institutions of higher learning
to adopt effective transportation demand management strategies.
The legislature finds further that many of the institutions
of higher education in the state’s largest counties are responsible for significant numbers of single-occupant vehicle trips
to and from their campuses. These single-occupant vehicle
trips are not only contributing to the degradation of the state’s
environment and deterioration of its transportation system,
but are also usurping parking spaces from surrounding residential communities because existing parking facilities cannot accommodate students’ current demand. Therefore, it is
the intent of the legislature to permit these institutions to
develop and fund transportation demand management programs that reduce single-occupant vehicle travel and promote
alternatives to single-occupant vehicle driving. The legislature encourages institutions of higher education to include
faculty and staff in their transportation demand management
programs. [1993 c 447 § 1.]
28B.130.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Transportation fee" means the fee charged to
employees and students at institutions of higher education for
the purposes provided in RCW 28B.130.020.
(2) "Transportation demand management program"
means the set of strategies adopted by an institution of higher
education to reduce the number of single-occupant vehicles
traveling to its campus. These strategies may include but are
not limited to those identified in RCW 70.94.531. [1993 c
447 § 2.]
28B.130.010
28B.130.020 Transportation fee. (1) The governing
board of an institution of higher education as defined in RCW
28B.10.016 may impose either a voluntary or a mandatory
transportation fee on employees and on students at the institution. The board of regents of Washington State University
may impose either a voluntary or a mandatory transportation
fee on faculty and staff working at the Riverpoint higher education park and on students attending classes there. The transportation fee shall be used solely to fund transportation
demand management programs that reduce the demand for
campus and neighborhood parking, and promote alternatives
to single-occupant vehicle driving. If the board charges a
mandatory transportation fee to students, it shall charge a
mandatory transportation fee to employees. The transportation fee for employees may exceed, but shall not be lower
than the transportation fee charged to students. The transportation fee for employees may be deducted from the employees’ paychecks. The transportation fee for students may be
imposed annually, or each academic term. For students
28B.130.020
(2008 Ed.)
28B.133.005
attending community colleges and technical colleges, the
mandatory transportation fee shall not exceed sixty percent of
the maximum rate permitted for services and activities fees at
community colleges, unless, through a vote, a majority of students consent to increase the transportation fee. For students
attending four-year institutions of higher education or classes
at the Riverpoint higher education park, the mandatory transportation fee shall not exceed thirty-five percent of the maximum rate permitted for services and activities fees at the
institution where the student is enrolled unless, through a
vote, a majority of students consents to increase the transportation fee. The board may make a limited number of exceptions to the fee based on a policy adopted by the board.
(2) The board of regents of Washington State University
shall not impose a transportation fee on any student who is
already paying a transportation fee to the institution of higher
education in which the student is enrolled. [1998 c 344 § 7;
1997 c 273 § 2; 1993 c 447 § 3.]
Intent—Findings—1998 c 344: See note following RCW 28B.38.010.
28B.130.030 Use of transportation fees. Transportation fees shall be spent only on activities directly related to
the institution of higher education’s transportation demand
management program. These may include, but are not limited
to the following activities: Transit, carpool, and vanpool subsidies; ridesharing programs, and program advertising for
carpools, vanpools, and transit service; guaranteed ride-home
and telecommuting programs; and bicycle storage facilities.
Funds may be spent on capital or operating costs incurred in
the implementation of any of these strategies, and may be
also used to contract with local or regional transit agencies
for transportation services. Funds may be used for existing
programs if they are incorporated into the campus transportation demand management program. [1993 c 447 § 4.]
28B.130.030
28B.130.040 Adoption of guidelines for establishing
and funding transportation demand management programs. The board of trustees or board of regents of each
institution of higher education imposing a transportation fee
shall adopt guidelines governing the establishment and funding of transportation demand management programs supported by transportation fees. These guidelines shall establish
procedures for budgeting and expending transportation fee
revenue. [1993 c 447 § 5.]
28B.130.040
Chapter 28B.133 RCW
GAINING INDEPENDENCE FOR STUDENTS
WITH DEPENDENTS PROGRAM
Chapter 28B.133
Sections
28B.133.005
28B.133.010
28B.133.020
28B.133.030
28B.133.040
28B.133.050
28B.133.900
28B.133.901
Finding—Intent.
Program created.
Eligibility.
Students with dependents grant account.
Program administration.
Use of grants.
Short title.
Captions not law—2003 c 19.
28B.133.005 Finding—Intent. The legislature finds
that financially needy students, especially those with depen28B.133.005
[Title 28B RCW—page 249]
28B.133.010
Title 28B RCW: Higher Education
dents, are finding it increasingly difficult to stay in school
due to the high costs of caring for their dependent children.
The legislature intends to establish an educational assistance grant program, funded through gifts, grants, or endowments from private sources, for students with dependents
who have additional financial needs due to the care they provide for their dependents eighteen years of age or younger.
[2003 c 19 § 1.]
thousand dollars, the board’s powers and duties shall include
but not be limited to:
(1) Adopting necessary rules and guidelines;
(2) Publicizing the program;
(3) Accepting and depositing donations into the grant
account established in RCW 28B.133.030; and
(4) Soliciting and accepting grants and donations from
private sources for the program. [2003 c 19 § 5.]
28B.133.010 Program created. The educational assistance grant program for students with dependents is hereby
created, subject to the availability of receipts of gifts, grants,
or endowments from private sources. The program is created
to serve financially needy students with dependents eighteen
years of age or younger, by assisting them directly through a
grant program to pursue a degree or certificate at public or
private institutions of higher education, as defined in RCW
28B.92.030, that participate in the state need grant program.
[2004 c 275 § 72; 2003 c 19 § 2.]
28B.133.050 Use of grants. The educational assistance
grant program for students with dependents grants may be
used by eligible participants to attend any public or private
college or university in the state of Washington as defined in
RCW 28B.92.030. Each participating student may receive an
amount to be determined by the higher education coordinating board, with a minimum amount of one thousand dollars
per academic year, not to exceed the student’s documented
financial need for the course of study as determined by the
institution.
Educational assistance grants for students with dependents are not intended to supplant any grant scholarship or tax
program related to postsecondary education. If the higher
education coordinating board finds that the educational assistance grants for students with dependents supplant or reduce
any grant, scholarship, or tax program for categories of students, then the higher education coordinating board shall
adjust the financial eligibility criteria or the amount of the
grant to the level necessary to avoid supplanting. [2004 c 275
§ 74; 2003 c 19 § 6.]
28B.133.010
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.133.020 Eligibility. To be eligible for the educational assistance grant program for students with dependents,
applicants shall: (1) Be residents of the state of Washington;
(2) be needy students as defined in RCW 28B.92.030(3); (3)
be eligible to participate in the state need grant program as set
forth under RCW 28B.92.080; and (4) have dependents eighteen years of age or younger who are under their care. [2004
c 275 § 73; 2003 c 19 § 3.]
28B.133.020
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.133.030 Students with dependents grant
account. (1) The students with dependents grant account is
created in the custody of the state treasurer. All receipts from
the program shall be deposited into the account. Only the
higher education coordinating board, or its designee, may
authorize expenditures from the account. Disbursements
from the account are exempt from appropriations and the
allotment procedures under chapter 43.88 RCW.
(2) The board may solicit and receive gifts, grants, or
endowments from private sources that are made from time to
time, in trust or otherwise, for the use and benefit of the purposes of the educational assistance grant program. The executive director, or the executive director’s designee, may
spend gifts, grants, or endowments or income from the private sources according to their terms unless the receipt of the
gifts, grants, or endowments violates RCW 42.17.710.
(3) The earnings on the account shall be used solely for
the purposes in RCW 28B.133.010, except when the terms of
a conditional gift of private moneys in the account require
that a portion of earnings on such moneys be reinvested in the
account. [2003 c 19 § 4.]
28B.133.030
28B.133.040 Program administration. The higher
education coordinating board shall develop and administer
the educational assistance grant program for students with
dependents. In administering the program, once the balance
in the students with dependents grant account is five hundred
28B.133.040
[Title 28B RCW—page 250]
28B.133.050
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.133.900 Short title. This chapter may be known
and cited as the gaining independence for students with
dependents program. [2003 c 19 § 7.]
28B.133.900
28B.133.901 Captions not law—2003 c 19. Captions
used in this act are not any part of the law. [2003 c 19 § 9.]
28B.133.901
Chapter 28B.135
Chapter 28B.135 RCW
CHILD CARE FOR HIGHER
EDUCATION STUDENTS
Sections
28B.135.010
28B.135.020
28B.135.030
28B.135.035
28B.135.040
Washington accounts for student child care in higher education—Program established.
Grants—Eligibility—Grant period.
Program administration—Four-year institutions of higher
education—Rules—Reports.
Program administration—Community and technical colleges—Rules—Reports.
Accounts created.
28B.135.010 Washington accounts for student child
care in higher education—Program established. Two
Washington accounts for student child care in higher education are established. The higher education coordinating
board shall administer the program for the four-year institutions of higher education and the state board for community
and technical colleges shall administer the program for the
two-year institutions of higher education. Through these programs the boards shall award either competitive or matching
28B.135.010
(2008 Ed.)
Child Care for Higher Education Students
child care grants to state institutions of higher education to
encourage programs to address the need for high quality,
accessible, and affordable child care for students at higher
education institutions. The grants shall be used exclusively
for the provision of quality child care services for students at
institutions of higher education. The university or college
administration and student government association, or its
equivalent, of each institution receiving the award may contribute financial support in an amount equal to or greater than
the child care grant received by the institution. [2008 c 162 §
2; 1999 c 375 § 1.]
Intent—2008 c 162: "It is the intent of the legislature to improve access
to higher education for all residents and ensure that students have the necessary resources and support services to attain their educational goals while
keeping families strong. For many students, the lack of affordable, accessible, quality child care on or in close proximity to colleges and universities is
a barrier to completion of their higher education goals. Further, it is the
intent of the legislature to adopt policies that, to the extent possible, leverage
existing resources and maximize educational outcomes by supporting affordable, accessible, and quality child care programs." [2008 c 162 § 1.]
28B.135.020 Grants—Eligibility—Grant period.
The institution of higher education shall be eligible to receive
the grant for a period not exceeding two years. After the expiration of any two-year grant, the institution may reapply to
receive subsequent grant awards or a continuation of the
grant awarded the prior two years. [1999 c 375 § 2.]
28B.135.020
28B.135.030 Program administration—Four-year
institutions of higher education—Rules—Reports. The
higher education coordinating board shall have the following
powers and duties in administering the program for the
four-year institutions of higher education:
(1) To adopt rules necessary to carry out the program;
(2) To establish one or more review committees to assist
in the evaluation of proposals for funding. The review committees may receive input from parents, educators, and other
experts in the field of early childhood education for this purpose;
(3) To establish each biennium specific guidelines for
submitting grant proposals consistent with the overall goals
of the program. The guidelines shall be consistent with the
following desired outcomes of increasing access to quality
child care for students, providing affordable child care alternatives for students, creating a partnership between university or college administrations, university or college foundations, and student government associations, or their equivalents;
(4) To proportionally distribute the amount of money
available in the trust fund based on the financial support for
child care received by the student government associations or
their equivalents. Student government associations may
solicit funds from private organizations and targeted
fund-raising campaigns as part of their financial support for
child care;
(5) To solicit grant proposals and provide information to
the institutions of higher education about the program;
(6) To establish reporting, evaluation, accountability,
monitoring, and dissemination requirements for the recipients of the grants; and
(7) To report to the appropriate committees of the legislature by December 15, 2008, and every two years thereafter,
28B.135.030
(2008 Ed.)
28B.135.035
on the status of program design and implementation at the
four-year institutions of higher education. The report shall
include but not be limited to summary information on the
institutions receiving child care grant allocations, the amount
contributed by each university or college administration and
student government association for the purposes of child care
including expenditures and reports for the previous biennium, services provided by each institutional child care center, the number of students using such services, and identifiable unmet need. [2008 c 162 § 3; 2005 c 490 § 8; 1999 c 375
§ 3.]
Intent—2008 c 162: See note following RCW 28B.135.010.
Effective date—2005 c 490: See note following RCW 43.215.540.
28B.135.035 Program administration—Community
and technical colleges—Rules—Reports. The state board
for community and technical colleges shall have the following powers and duties in administering the program established in RCW 28B.135.010 for the two-year institutions of
higher education:
(1) To adopt rules necessary to carry out the program;
(2) To establish, if deemed necessary, one or more
review committees to assist in the evaluation of proposals for
funding. The review committees may receive input from parents, educators, and other experts in the field of early childhood education for this purpose;
(3) To establish each biennium specific guidelines for
submitting grant proposals consistent with the overall goals
of the program. The guidelines shall be consistent with the
following desired outcomes of increasing access to quality
child care for students, providing affordable child care alternatives for students, creating more cooperative preschool
programs or other alternative parent education models, creating models that can be replicated at other institutions, creating a partnership between college administrations, college
foundations, and student government associations, or their
equivalents, and increasing innovation at campus child care
centers;
(4) To establish guidelines for an allocation system
based on factors that include but are not limited to: The
amount of money available in the trust fund and the financial
support for child care received by the student government
associations or their equivalents. Student government associations may solicit funds from private organizations and targeted fund-raising campaigns as part of their financial support for child care;
(5) To solicit grant proposals and provide information to
the institutions of higher education about the program;
(6) To establish reporting, evaluation, accountability,
monitoring, and dissemination requirements for the recipients of the grants; and
(7) To report to the appropriate committees of the legislature by December 15, 2008, and every two years thereafter,
on the status of program design and implementation within
the community and technical college system. The report
shall include but not be limited to summary information on
the institutions receiving child [care] grant allocations, the
amount contributed by each college administration and student government association for the purposes of child care,
including expenditures and reports for the previous bien28B.135.035
[Title 28B RCW—page 251]
28B.135.040
Title 28B RCW: Higher Education
nium, services provided by each institutional child care center, the number of students using such services, and identifiable unmet need. [2008 c 162 § 4.]
Intent—2008 c 162: See note following RCW 28B.135.010.
28B.135.040 Accounts created. Two accounts for student child care in higher education are established in the custody of the state treasurer. Moneys in the accounts may be
spent only for the purposes of RCW 28B.135.010. Disbursements from one of the accounts shall be on the authorization
of the higher education coordinating board and disbursements from the other account shall be on the authorization of
the state board for community and technical colleges. The
accounts are subject to the allotment procedures under chapter 43.88 RCW, but no appropriation is required for disbursements. [1999 c 375 § 4.]
28B.135.040
Chapter 28B.140
Chapter 28B.140 RCW
FINANCING RESEARCH FACILITIES AT
RESEARCH UNIVERSITIES
Sections
28B.140.005 Policy.
28B.140.010 Scope of authority.
28B.140.020 Financial responsibility of university—No state general fund
obligation.
28B.140.030 Authority of chapter—Supplemental.
28B.140.900 Reports to the legislature.
state revenues as defined in Article VIII, section 1 of the state
Constitution;
(3) Enter into leases, with or without an option to purchase, of real and personal property to be used in basic and
applied research in the sciences; and
(4) Lease all or a portion of such facilities and equipment
as is deemed prudent by the university to provide for research
conducted by persons or entities that are not part of the university but that provide rental income to support university
research facilities or provide opportunities for the interaction
of public and private research and research personnel, including students and faculty. [2002 c 151 § 2.]
28B.140.020 Financial responsibility of university—
No state general fund obligation. The governing body of a
university financing facilities and equipment under this chapter shall give due regard to the costs of maintaining and operating such facilities and equipment during the useful lives of
the facilities and equipment. No state appropriated funds may
be used for (1) the payment of maintenance and operation of
the facilities and equipment financed under this chapter; or
(2) the grant or contract-supported research activities housed
in these facilities. If funding through grants or contracts for
research activities housed in these facilities is reduced, eliminated, or declared insufficient, the funding deficiencies are
not a state obligation to be paid from the state general fund.
[2002 c 151 § 3.]
28B.140.020
28B.140.030 Authority of chapter—Supplemental.
The authority granted by this chapter is supplemental to any
existing or future authority granted to the University of
Washington and Washington State University and shall not
be construed to limit the existing or future authority of these
universities. [2002 c 151 § 4.]
28B.140.030
28B.140.005 Policy. It is the policy of the state to
encourage basic and applied scientific research by the state’s
research universities. The creation of knowledge is a core
mission of the state’s research universities, and research provides teaching and learning opportunities for students and
faculty. State of the art facilities for research by research universities serve to attract the most capable students and faculty
to the state and research grants from public and private institutions throughout the world. The application of such
research stimulates investment and employment within
Washington and the strengthening of our tax base. In order to
finance research facilities, the state’s research universities
often use federal, state, private, and university resources and
therefore require the authority to enter into financing arrangements that leverage funding sources and reduce the costs of
such complex facilities to the state. [2002 c 151 § 1.]
28B.140.005
28B.140.010 Scope of authority. The University of
Washington and Washington State University each may:
(1) Acquire, construct, rehabilitate, equip, and operate
facilities and equipment to promote basic and applied
research in the sciences;
(2) Borrow money for such research purposes, including
interest during construction and other incidental costs, issue
revenue bonds or other evidences of indebtedness, refinance
the same before or at maturity, and provide for the amortization of such indebtedness by pledging all or a component of
the fees and revenues of the university available for such purpose derived from the ownership and operation of any of its
facilities or conducting research that are not subject to appropriation by the legislature and that do not constitute general
28B.140.900 Reports to the legislature. Before January 31st of each year, the University of Washington and
Washington State University must report to the ways and
means committee of the senate and the capital budget committee of the house of representatives on the financing
arrangements entered into under the authority of this chapter.
[2002 c 151 § 7.]
28B.140.900
Chapter 28B.142
28B.140.010
[Title 28B RCW—page 252]
Chapter 28B.142 RCW
LOCAL BORROWING AUTHORITY—
RESEARCH UNIVERSITIES
Sections
28B.142.005 Finding—Intent.
28B.142.010 Bonds, notes, evidences of indebtedness—University of
Washington and Washington State University.
28B.142.020 Reports.
28B.142.030 Bonds, notes, evidences of indebtedness—University of
Washington—Refinancing.
28B.142.040 Authority of chapter—Supplemental.
28B.142.005 Finding—Intent. The legislature hereby
recognizes that the University of Washington and Washington State University will require additional methods of funding to meet the universities’ educational and research missions and remain competitive in a challenging environment.
State appropriations are sufficient to meet only a portion of
28B.142.005
(2008 Ed.)
Construction
these research universities’ funding requirements. The state
authorizes the universities to collect student tuition, services
and activities fees, building fees, and technology fees, subject
to statutory limits. In addition, the universities generate revenue from other sources such as grants, contracts, other fees,
sales and services, and investment income. The legislature
finds that the research universities are able to leverage these
local nonstate-appropriated funds to enhance university facilities and services for the benefit of students, faculty, and the
larger community. The legislature intends that the research
universities be permitted to borrow and incur obligations for
any university purpose, so long as repayment is limited to
local nonappropriated university funds and so long as the
state’s credit or general state revenues are not obligated or
used for repayment. To permit the University of Washington
to refinance the real and personal property acquired between
August and October 2006 before the end of the fiscal biennium, sections of chapter 24, Laws of 2007 necessary to
accomplish this limited purpose are made effective before the
end of the biennium. [2007 c 24 § 1.]
28B.142.010
28B.142.010 Bonds, notes, evidences of indebtedness—University of Washington and Washington State
University. The board of regents of the University of Washington and Washington State University may issue bonds,
notes, or other evidences of indebtedness for any university
purpose. The board of regents of the University of Washington and Washington State University may obligate all or a
component of the fees and revenues of the university for the
payment of such bonds, notes, or evidences of indebtedness:
PROVIDED, That such fees and revenues are not subject to
appropriation by the legislature and do not constitute general
state revenues as defined in Article VIII, section 1 of the state
Constitution or general state revenues for the purpose of calculating statutory limits on state indebtedness pursuant to
RCW 39.42.060. Such bonds, notes, and other indebtedness
shall not constitute bonds, notes, or other evidences of
indebtedness secured by the full faith and credit of the state or
required to be paid, directly or indirectly, from general state
revenues for the purposes of RCW 39.42.060. Bonds, notes,
or other evidences of indebtedness issued under this chapter
shall be issued in accordance with the procedures in RCW
28B.10.310 and 28B.10.315 or the provisions applicable to
either the state or local governments under chapter 39.46 or
39.53 RCW. [2007 c 24 § 2.]
28B.900.010
12 of the securities and exchange commission. [2007 c 24 §
3.]
28B.142.030 Bonds, notes, evidences of indebtedness—University of Washington—Refinancing. The
board of regents of the University of Washington may issue
bonds, notes, or other evidences of indebtedness under this
section for the purpose of refinancing real and personal property acquired by the University of Washington during the
period between August and October 2006. The board of
regents of the University of Washington may obligate all or a
component of the fees and revenues of the university for the
payment of such bonds, notes, or evidences of indebtedness:
PROVIDED, That such fees and revenues are not subject to
appropriation by the legislature and do not constitute general
state revenues as defined in Article VIII, section 1 of the state
Constitution or general state revenues for the purpose of calculating statutory limits on state indebtedness pursuant to
RCW 39.42.060. Bonds, notes, or other evidences of indebtedness issued under this section shall be issued in accordance
with the procedures in RCW 28B.10.310 and 28B.10.315 or
the provisions applicable to either the state or local governments under chapter 39.46 or 39.53 RCW. Such bonds,
notes, and other indebtedness shall not constitute bonds,
notes, or other evidences of indebtedness secured by the full
faith and credit of the state or required to be paid, directly or
indirectly, from general state revenues for the purposes of
RCW 39.42.060. [2007 c 24 § 4.]
28B.142.030
Effective date—2007 c 24 § 4: "Section 4 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
May 1, 2007." [2007 c 24 § 6.]
28B.142.040 Authority of chapter—Supplemental.
The authority granted by this chapter is in addition and supplemental to any previously granted or future authority
granted to the University of Washington or Washington State
University and shall not be construed to limit the existing or
future powers or authority of these universities, including
without limitation the authority to issue bonds, notes, and
other evidences of indebtedness pursuant to RCW
28B.10.300 through 28B.10.330, 28B.20.145, or 28B.20.395
through 28B.20.398, or chapter 28B.140 RCW, or to participate in state reimbursable bond, certificate of participation, or
other state debt programs. [2007 c 24 § 5.]
28B.142.040
Chapter 28B.900
28B.142.020
28B.142.020 Reports. The University of Washington
and Washington State University must report annually to the
ways and means committee of the senate, the capital budget
committee of the house of representatives, and the office of
the state treasurer on any bonds, notes, and other evidences of
indebtedness issued under this chapter as a part of a public
securities offering. The report shall include a summary of the
total outstanding debt of the university, a summary of any
public securities offerings issued that year by purpose,
including rating information from at least one nationally recognized credit rating agency, issuance costs, interest rate
information, sources of repayment, and a copy of the annual
bondholder report filed by the University of Washington and
Washington State University in accordance with Rule 15c2(2008 Ed.)
Chapter 28B.900 RCW
CONSTRUCTION
Sections
28B.900.010
28B.900.020
28B.900.030
28B.900.040
28B.900.050
28B.900.060
28B.900.070
28B.900.080
Repeals and savings—1969 ex.s. c 223.
Moneys transferred.
Continuation of existing law.
Provisions to be construed in pari materia.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
This code defined.
Effective date—1969 ex.s. c 223.
28B.900.010 Repeals and savings—1969 ex.s. c 223.
See 1969 ex.s. c 223 § 28B.98.010. Formerly RCW
28B.98.010.
28B.900.010
[Title 28B RCW—page 253]
28B.900.020
Title 28B RCW: Higher Education
28B.900.020
28B.900.020 Moneys transferred. All moneys in the
Southwestern Washington State College bond retirement
fund and the Southwestern Washington State College capital
projects account are hereby transferred to The Evergreen
State College bond retirement fund and The Evergreen State
College capital projects account respectively, which latter
fund and account are created in RCW 28B.35.370. [1969
ex.s. c 223 § 28B.98.020. Formerly RCW 28B.98.020.]
28B.900.080 Effective date—1969 ex.s. c 223. This act
shall take effect on July 1, 1970. [1969 ex.s. c 223 §
28B.98.080. Formerly RCW 28B.98.080.]
28B.900.080
28B.900.030
28B.900.030 Continuation of existing law. The provisions of this title, Title 28B RCW, insofar as they are substantially the same as statutory provisions repealed by this chapter, and relating to the same subject matter, shall be construed
as restatements and continuations, and not as new enactments. Nothing in this 1969 code revision of Title 28 RCW
shall be construed as authorizing any new bond issues or new
or additional appropriations of moneys but the bond issue
authorizations herein contained shall be construed only as
continuations of bond issues authorized by prior laws herein
repealed and reenacted, and the appropriations of moneys
herein contained are continued herein for historical purposes
only and this 1969 act shall not be construed as a reappropriation thereof and no appropriation contained herein shall be
deemed to be extended or revived hereby and such appropriation shall lapse or shall have lapsed in accordance with the
original enactment: PROVIDED, That this 1969 act shall not
operate to terminate, extend, or otherwise affect any appropriation for the biennium commencing July 1, 1967 and ending June 30, 1969. [1969 ex.s. c 223 § 28B.98.030. Formerly
RCW 28B.98.030.]
28B.900.040
28B.900.040 Provisions to be construed in pari materia. The provisions of this title, Title 28B RCW, shall be
construed in pari materia even though as a matter of prior legislative history they were not originally enacted in the same
statute. The provisions of this title shall also be construed in
pari materia with the provisions of Title 28A RCW, and with
other laws relating to education. This section shall not operate retroactively. [1969 ex.s. c 223 § 28B.98.040. Formerly
RCW 28B.98.040.]
28B.900.050
28B.900.050 Title, chapter, section headings not part
of law. Title headings, chapter headings, and section or subsection headings, as used in this title, Title 28B RCW, do not
constitute any part of the law. [1969 ex.s. c 223 §
28B.98.050. Formerly RCW 28B.98.050.]
28B.900.060
28B.900.060 Invalidity of part of title not to affect
remainder. If any provision of this title, Title 28B RCW, or
its application to any person or circumstance is held invalid,
the remainder of the title, or the application of the provision
to other persons or circumstances is not affected. [1969 ex.s.
c 223 § 28B.98.060. Formerly RCW 28B.98.060.]
28B.900.070
28B.900.070 This code defined. As used in this title,
Title 28B RCW, "this code" means Titles 28A and 28B of
this 1969 act. [1969 ex.s. c 223 § 28B.98.070. Formerly
RCW 28B.98.070.]
[Title 28B RCW—page 254]
(2008 Ed.)
Title 28C
VOCATIONAL EDUCATION
Title 28C
Chapters
28C.04 Vocational education.
28C.10 Private vocational schools.
28C.18 Workforce training and education.
Displaced homemaker act: Chapter 28B.04 RCW.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Vocational agriculture education—Service areas—Programs in local school
districts: RCW 28A.300.090.
Chapter 28C.04
Chapter 28C.04 RCW
VOCATIONAL EDUCATION
Sections
28C.04.390 Worker retraining program funds—Workforce training customer advisory committee.
28C.04.400 Job skills program—Legislative declaration and policy.
28C.04.410 Job skills program—Definitions.
28C.04.420 Job skills program—Grants—Reports.
28C.04.520 Washington award for vocational excellence—Intent.
28C.04.525 Washington award for vocational excellence—Establishment—Purposes.
28C.04.530 Washington award for vocational excellence—Board’s duties.
28C.04.535 Washington award for vocational excellence—Granted annually—Notice—Presentation.
28C.04.540 Washington award for vocational excellence—Contributions.
28C.04.545 Washington award for vocational excellence—Fee waivers—
Grants.
28C.04.550 Washington award for vocational excellence—When effective.
28C.04.600 AIDS information—Vocational schools.
28C.04.610 Apprenticeship programs—Pilot projects—Grants—Students
to receive high school and college credit—Reports—Work
group.
AIDS information: Chapter 70.24 RCW.
Vocational agriculture education—Service areas—Programs in local school
districts: RCW 28A.300.090.
28C.04.390 Worker retraining program funds—
Workforce training customer advisory committee. (1)
The college board worker retraining program funds shall be
used for training programs and related support services,
including financial aid, counseling, referral to training
resources, job referral, and job development that:
(a) Are consistent with the unified plan for workforce
development;
(b) Provide increased enrollments for dislocated workers;
(c) Provide customized training opportunities for dislocated workers; and
(d) Provide increased enrollments and support services,
including financial aid for those students not receiving unemployment insurance benefits, that do not replace or supplant
any existing enrollments, programs, support services, or
funding sources.
(2) The college board shall develop a plan for use of the
worker retraining program funds in conjunction with the
workforce training customer advisory committee established
28C.04.390
(2008 Ed.)
in subsection (3) of this section. In developing the plan the
college board shall:
(a) Provide that applicants for worker retraining program
funds shall solicit financial support for training programs and
give priority in receipt of funds to those applicants which are
most successful in matching public dollars with financial
support;
(b) Provide that applicants for worker retraining program
funds shall develop training programs in partnership with
local businesses, industry associations, labor, and other partners as appropriate and give priority in receipt of funds to
those applicants who develop customized training programs
in partnership with local businesses, industry associations,
and labor organizations;
(c) Give priority in receipt of funds to those applicants
serving rural areas;
(d) Ensure that applicants receiving worker retraining
program funds gather information from local workforce
development councils on employer workforce needs, including the needs of businesses with less than twenty-five
employees; and
(e) Provide for specialized vocational training at a private career school or college at the request of a recipient eligible under subsection (1)(b) of this section. Available tuition
for the training is limited to the amount that would otherwise
be payable per enrolled quarter to a public institution.
(3) The executive director of the college board shall
appoint a workforce training customer advisory committee
by July 1, 1999, to:
(a) Assist in the development of the plan for the use of
the college board worker retraining program funds and recommend guidelines to the college board for the operation of
worker retraining programs;
(b) Recommend selection criteria for worker retraining
programs and grant applicants for receipt of worker retraining program grants;
(c) Provide advice to the college board on other workforce development activities of the community and technical
colleges;
(d) Recommend selection criteria for job skills grants,
consistent with criteria established in this chapter and chapter
121, Laws of 1999. Such criteria shall include a prioritization
of job skills applicants in rural areas;
(e) Recommend guidelines to the college board for the
operation of the job skills program; and
(f) Recommend grant applicants for receipt of job skills
program grants.
(4) Members of the workforce training customer advisory committee shall consist of three college system representatives selected by the executive director of the college
board, three representatives of business selected from nominations provided by statewide business organizations, and
three representatives of labor selected from nominations pro[Title 28C RCW—page 1]
28C.04.400
Title 28C RCW: Vocational Education
vided by a statewide labor organization representing a crosssection of workers in the state. [1999 c 121 § 1.]
28C.04.400 Job skills program—Legislative declaration and policy. The legislature declares that it is an important function of government to increase opportunities for
gainful employment, to assist in promoting a productive and
expanding economy, and to encourage the flow of business
and industry support to educational institutions. Therefore,
the legislature finds that it is in the public interest of the state
to encourage and facilitate the formation of cooperative relationships between business and industry and educational
institutions which provide for the development and significant expansion of programs of skills training and education
consistent with employment needs and to make interested
individuals aware of the employment opportunities presented
thereby. It is the policy of the state of Washington to ensure
that programs of skill training are available on a regional
basis and are utilized by a variety of businesses and industries. [1983 1st ex.s. c 21 § 1.]
28C.04.400
Severability—1983 1st ex.s. c 21: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 1st ex.s. c 21 § 12.]
28C.04.410 Job skills program—Definitions. Unless
the context clearly requires otherwise, the definitions in this
section apply throughout RCW 28C.04.390 and 28C.04.420.
(1) "Applicant" means an educational institution which
has made application for a job skills grant under RCW
28C.04.390 and 28C.04.420.
(2) "Business and industry" means a private corporation,
institution, firm, person, group, or association concerned with
commerce, trades, manufacturing, or the provision of services within the state, or a public or nonprofit hospital
licensed by the department of social and health services.
(3) "Dislocated worker" means an individual who meets
the definition of dislocated worker contained in P.L. 105-220,
Sec. 101 on July 25, 1999.
(4) "Educational institution" means a public secondary
or postsecondary institution, an independent institution, or a
private career school or college within the state authorized by
law to provide a program of skills training or education
beyond the secondary school level. Any educational institution receiving a job skills grant under RCW 28C.04.420
through *28C.04.480 shall be free of sectarian control or
influence as set forth in Article IX, section 4 of the state Constitution.
(5) "Equipment" means tangible personal property
which will further the objectives of the supported program
and for which a definite value and evidence in support of the
value have been provided by the donor.
(6) "Financial support" means any thing of value which
is contributed by business, industry, and others to an educational institution which is reasonably calculated to support
directly the development and expansion of a particular program under RCW 28C.04.390 and 28C.04.420 and represents
an addition to any financial support previously or customarily
provided to such educational institutions by the donor.
"Financial support" includes, but is not limited to, funds,
28C.04.410
[Title 28C RCW—page 2]
equipment, facilities, faculty, and scholarships for matriculating students and trainees.
(7) "Job skills grant" means funding that is provided to
an educational institution by the commission for the development or significant expansion of a program under RCW
28C.04.390 and 28C.04.420.
(8) "Job skills program" means a program of skills training or education separate from and in addition to existing
vocational education programs and which:
(a) Provides short-term training which has been designated for specific industries;
(b) Provides training for prospective employees before a
new plant opens or when existing industry expands;
(c) Includes training and retraining for workers already
employed by an existing industry or business where necessary to avoid dislocation or where upgrading of existing
employees would create new vacancies for unemployed persons;
(d) Serves areas with high concentrations of economically disadvantaged persons and high unemployment;
(e) Serves areas with new and growing industries;
(f) Serves areas where there is a shortage of skilled labor
to meet job demands; or
(g) Promotes the location of new industry in areas
affected by economic dislocation.
(9) "Technical assistance" means professional and any
other assistance provided by business and industry to an educational institution, which is reasonably calculated to support
directly the development and expansion of a particular program and which represents an addition to any technical assistance previously or customarily provided to the educational
institutions by the donor.
(10) "College board" means the state board for community and technical colleges under chapter 28B.50 RCW.
[1999 c 121 § 2; 1983 1st ex.s. c 21 § 2.]
*Reviser’s note: RCW 28C.04.480 was repealed by 1999 c 121 § 4.
Severability—1983 1st ex.s. c 21: See note following RCW
28C.04.400.
28C.04.420 Job skills program—Grants—Reports.
The college board may, subject to appropriation from the legislature or from funds made available from any other public
or private source and pursuant to rules adopted by the college
board with the advice of the workforce training customer
advisory committee established in RCW 28C.04.390, provide
job skills grants to educational institutions. The job skills
grants shall be used exclusively for programs which are consistent with the job skills program. The college board shall
work in collaboration with the workforce training customer
advisory committee established in RCW 28C.04.390 to
assure that:
(1) The program is within the scope of the job skills program under this chapter and may reasonably be expected to
succeed and thereby increase employment within the state;
(2) Provision has been made to use any available alternative funding from local, state, and federal sources;
(3) The job skills grant will only be used to cover the
costs associated with the program;
(4) The program will not unnecessarily duplicate existing programs and could not be provided by another educational institution more effectively or efficiently;
28C.04.420
(2008 Ed.)
Vocational Education
(5) The program involves an area of skills training and
education for which there is a demonstrable need;
(6) The applicant has made provisions for the use of
existing federal and state resources for student financial
assistance;
(7) The job skills grant is essential to the success of the
program as the resources of the applicant are inadequate to
attract the technical assistance and financial support necessary for the program from business and industry;
(8) The program represents a collaborative partnership
between business, industry, labor, educational institutions,
and other partners, as appropriate;
(9) The commitment of financial support from business
and industry shall be equal to or greater than the amount of
the requested job skills grant;
(10) Binding commitments have been made to the commission by the applicant for adequate reporting of information and data regarding the program to the commission, particularly information concerning the recruitment and employment of trainees and students, and including a requirement
for an annual or other periodic audit of the books of the applicant directly related to the program, and for such control on
the part of the commission as it considers prudent over the
management of the program, so as to protect the use of public
funds, including, in the discretion of the commission and
without limitation, right of access to financial and other
records of the applicant directly related to the programs; and
(11) A provision has been made by the applicant to work,
in cooperation with the employment security department, to
identify and screen potential trainees, and that provision has
been made by the applicant for the participation as trainees of
low-income persons including temporary assistance for
needy families recipients, dislocated workers, and persons
from minority and economically disadvantaged groups to
participate in the program.
Beginning October 1, 1999, and every two years thereafter, the college board shall provide the legislature and the
governor with a report describing the activities and outcomes
of the state job skills program. [1999 c 121 § 3; 1983 1st ex.s.
c 21 § 4.]
Severability—1983 1st ex.s. c 21: See note following RCW
28C.04.400.
28C.04.520 Washington award for vocational excellence—Intent. Every year community colleges, technical
colleges, and high schools graduate students who have distinguished themselves by their outstanding performance in their
occupational training programs. The legislature intends to
recognize and honor these students by establishing a Washington award for vocational excellence. [1995 1st sp.s. c 7 §
1; 1984 c 267 § 1.]
28C.04.520
Severability—1995 1st sp.s. c 7: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 1st sp.s. c 7 § 9.]
28C.04.525 Washington award for vocational excellence—Establishment—Purposes. The Washington award
for vocational excellence program is established. The purposes of this annual program are to:
28C.04.525
(2008 Ed.)
28C.04.535
(1) Maximize public awareness of the achievements,
leadership ability, and community contributions of the students enrolled in occupational training programs in high
schools, community colleges, and technical colleges;
(2) Emphasize the dignity of work in our society;
(3) Instill respect for those who become skilled in crafts
and technology;
(4) Recognize the value of vocational education and its
contribution to the economy of this state;
(5) Foster business, labor, and community involvement
in vocational-technical training programs and in this award
program; and
(6) Recognize the outstanding achievements of up to
three vocational or technical students, at least two of whom
should be graduating high school students, in each legislative
district. Students who have completed at least one year of a
vocational-technical program in a community college or public technical college may also be recognized. [1995 1st sp.s.
c 7 § 2; 1987 c 231 § 3; 1984 c 267 § 2.]
Severability—1995 1st sp.s. c 7: See note following RCW
28C.04.520.
Effective date—1987 c 231 § 3: "Section 3 of this act shall take effect
January 1, 1988." [1987 c 231 § 6.]
28C.04.530 Washington award for vocational excellence—Board’s duties. (1) The workforce training and education coordinating board shall have the responsibility for the
development and administration of the Washington award for
vocational excellence program. The workforce training and
education coordinating board shall develop the program in
consultation with other state agencies and private organizations having interest and responsibility in vocational education, including but not limited to: The state board for community and technical colleges, the office of the superintendent of public instruction, a voluntary professional
association of vocational educators, and representatives from
business, labor, and industry.
(2) The workforce training and education coordinating
board shall establish a planning committee to develop the criteria for screening and selecting the students who will receive
the award. This criteria shall include but not be limited to the
following characteristics: Proficiency in their chosen fields,
attendance, attitude, character, leadership, and civic contributions. [1995 1st sp.s. c 7 § 3; 1987 c 231 § 2; 1984 c 267 § 3.]
28C.04.530
Severability—1995 1st sp.s. c 7: See note following RCW
28C.04.520.
28C.04.535 Washington award for vocational excellence—Granted annually—Notice—Presentation. The
Washington award for vocational excellence shall be granted
annually. The workforce training and education coordinating
board shall notify the students receiving the award, their
vocational instructors, local chambers of commerce, the legislators of their respective districts, and the governor, after
final selections have been made. The workforce training and
education coordinating board, in conjunction with the governor’s office, shall prepare appropriate certificates to be presented to the selected students. Awards shall be presented in
public ceremonies at times and places determined by the
workforce training and education coordinating board in coop28C.04.535
[Title 28C RCW—page 3]
28C.04.540
Title 28C RCW: Vocational Education
eration with the office of the governor. [1995 1st sp.s. c 7 §
4; 1984 c 267 § 4.]
Severability—1995 1st sp.s. c 7: See note following RCW
28C.04.520.
28C.04.540 Washington award for vocational excellence—Contributions. The workforce training and education coordinating board may accept any and all donations,
grants, bequests, and devices, conditional or otherwise, or
money, property, service, or other things of value which may
be received from any federal, state, or local agency, any institution, person, firm, or corporation, public and private, to be
held, used, or applied for the purposes of the Washington
award for vocational excellence program. The workforce
training and education coordinating board shall encourage
maximum participation from business, labor, and community
groups. The workforce training and education coordinating
board shall also coordinate, where feasible, the contribution
activities of the various participants.
The workforce training and education coordinating
board shall not make expenditures from funds collected
under this section until February 15, 1985. [1995 1st sp.s. c 7
§ 5; 1984 c 267 § 5.]
28C.04.540
Severability—1995 1st sp.s. c 7: See note following RCW
28C.04.520.
28C.04.545 Washington award for vocational excellence—Fee waivers—Grants. (1) The respective governing
boards of the public technical colleges shall provide fee
waivers for a maximum of two years for those recipients of
the Washington award for vocational excellence established
under RCW 28C.04.520 through 28C.04.540 who received
the award before June 30, 1994. To qualify for the waiver,
recipients shall enter the public technical college within three
years of receiving the award. An above average rating at the
technical college in the first year shall be required to qualify
for the second-year waiver.
(2) Students named by the workforce training and education coordinating board after June 30, 1994, as recipients of
the Washington award for vocational excellence under RCW
28C.04.520 through 28C.04.550 shall be eligible to receive a
grant for undergraduate course work as authorized under
RCW 28B.76.670.
(3)(a) Beginning with awards made during the 1998-99
academic year, recipients must complete using the award
before the fall term in the sixth year following the date of the
award. For these recipients, eligibility for the award is forfeited after this period.
(b) All persons awarded a Washington award for vocational excellence before the 1995-96 academic year and who
have remaining eligibility on April 19, 1999, must complete
using the award before September 2002. For these recipients,
eligibility for the award is forfeited after this period.
(c) All persons awarded a Washington award for vocational excellence during the 1995-96, 1996-97, and 1997-98
academic years must complete using the award before September 2005. For these recipients, eligibility for the award is
forfeited after this period. [2004 c 275 § 61; 1999 c 28 § 1;
1995 1st sp.s. c 7 § 6; 1987 c 231 § 4; 1984 c 267 § 7.]
28C.04.545
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
[Title 28C RCW—page 4]
Effective date—1999 c 28: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 19, 1999]." [1999 c 28 § 2.]
Severability—1995 1st sp.s. c 7: See note following RCW
28C.04.520.
28C.04.550 Washington award for vocational excellence—When effective. The Washington award for vocational excellence shall be effective commencing with the
1984-85 academic year. [1987 c 505 § 16; 1984 c 267 § 8.]
28C.04.550
28C.04.600 AIDS information—Vocational schools.
Each publicly operated vocational school shall make information available to all newly matriculated students on methods of transmission of the human immunodeficiency virus
and prevention of acquired immunodeficiency syndrome.
The curricula and materials shall be reviewed for medical
accuracy by the office on AIDS in coordination with the
appropriate regional AIDS service network. [1988 c 206 §
503.]
28C.04.600
Severability—1988 c 206: See RCW 70.24.900.
28C.04.610 Apprenticeship programs—Pilot
projects—Grants—Students to receive high school and
college credit—Reports—Work group. (Expires August
31, 2009.) (1) Subject to funding provided for the purposes
of this section, the superintendent of public instruction and
the state board for community and technical colleges, in consultation with the Washington state apprenticeship and training council, shall allocate grants on a competitive basis to up
to four pilot projects to expand enrollment of secondary
school students in career and technical programs that enable
them to enter apprenticeships, particularly building and construction apprenticeships, upon graduation. The purpose of
the pilot projects is to develop new collaborations among K12 education and workforce education providers and try new
approaches to delivering instruction and career and technical
education to secondary school students.
(a) Two of the pilot projects shall involve skill centers or
high schools working collaboratively with local or regional
apprenticeship programs and the Washington state apprenticeship and training council to design and offer the programs.
(b) Two of the pilot projects shall involve community or
technical colleges working collaboratively with local high
schools, local or regional apprenticeship programs, and the
Washington state apprenticeship and training council to
design and offer the programs.
(c) At least one of the pilot projects is encouraged to
involve small or rural high schools.
(d) In reviewing the grant applications, the superintendent of public instruction and the Washington state apprenticeship and training council shall convene a review committee representing the state board for community and technical
colleges, the workforce training and education coordinating
board, business and labor interests with ties to apprenticeship
fields, apprenticeship program coordinators, and career and
technical educators in the public schools. Grant award recipients must be notified by June 1, 2006.
28C.04.610
(2008 Ed.)
Private Vocational Schools
(e) Pilot projects must be ready to enroll students for the
2006-07 school year.
(f) The pilot projects shall operate for a three-year
period.
(2) In addition to enrolling students in career and technical programs that enable them to enter apprenticeships upon
graduation, the pilot projects under this section may engage
in but are not limited to the following activities:
(a) Developing or modifying curriculum to align with
apprenticeship entry requirements and skill expectations or to
adjust curriculum to the secondary level;
(b) Negotiating agreements for nonmonetary consideration or for no consideration to use local or regional apprenticeship program training facilities to offer programs;
(c) Negotiating agreements with local or regional
apprenticeship programs, community or technical colleges,
or other contractors to provide specialized instruction within
the program;
(d) Based on guidelines and assistance from the Washington state apprenticeship and training council, negotiating
direct-entry agreements with local or regional apprenticeship
programs to accept pilot project graduates into the programs;
(e) In conjunction with educational outreach efforts by
the Washington state apprenticeship and training council and
local or regional apprenticeship programs, conducting marketing, advertising, and communication about the pilot
project to area teachers, counselors, students, and parents;
(f) Providing tutoring and other academic support services to ensure students have the necessary academic skills
for the program and for high school graduation; and
(g) Offering other support services such as counseling,
community service referral, and assistance for low-income
students such as tools, supplies, books, or transportation to
nonschool facilities.
(3) To the maximum extent possible, students enrolled in
a pilot project shall receive both high school and college
credit for their courses through tech-prep agreements or the
high school program created in RCW 28A.600.300 through
28A.600.400 (running start).
(4) Beginning December 1, 2007, recipients of grants
under this section shall report annually to the Washington
state apprenticeship and training council: The number of students participating in programs developed under this section,
the number of qualified graduating secondary students entering into apprenticeship programs each year, the apprenticeship programs into which the students entered, and lessons
learned by the grant recipients that might lead to improvements in the development and implementation of additional
preapprenticeship programs. The Washington state apprenticeship and training council shall provide an annual summary of the reports to the governor and the education and
commerce and labor committees of the legislature.
(5) Funding for a student enrolled in a community or
technical college pilot project under this section shall be provided under RCW 28A.320.015 and 28A.320.035 and rules
adopted for the provision of instruction under contract.
(6) Using existing resources the superintendent of public
instruction shall convene a work group to identify barriers
and opportunities for further expansion of secondary career
and technical programs that enable graduates to enter apprenticeships, including building and construction-related
(2008 Ed.)
Chapter 28C.10
apprenticeships, beyond the pilot project stage. The work
group shall include representatives from the Washington
state apprenticeship and training council, local or regional
apprenticeship programs, the workforce training and education coordinating board, community and technical colleges,
high schools, and skill centers. The superintendent shall submit a report with recommendations to the governor and the
education and commerce and labor committees of the legislature by December 1, 2006. Issues to be considered by the
work group may include:
(a) Expanding participation and opportunities in running
start for career and technical students, particularly in apprenticeship preparation programs, including the role of using
parent involvement in guidance and counseling for students
to expand participation;
(b) Addressing highly qualified teacher requirements
under the federal no child left behind act;
(c) Cross-crediting of career and technical and core academic courses;
(d) The funding model for skill centers;
(e) Creating benchmarks to measure outcomes from the
pilot projects and from possible expansion of the projects;
and
(f) The impact of current student assessment and
achievement requirements on student participation in apprenticeship preparation programs and opportunities for developing alternative assessment and achievement requirements.
(7) This section expires August 31, 2009. [2006 c 161 §
5.]
Effective date—2006 c 161: See note following RCW 49.04.160.
Chapter 28C.10
Chapter 28C.10 RCW
PRIVATE VOCATIONAL SCHOOLS
Sections
28C.10.010
28C.10.020
28C.10.030
28C.10.040
28C.10.050
28C.10.060
28C.10.070
28C.10.082
28C.10.084
28C.10.090
28C.10.100
28C.10.110
28C.10.120
28C.10.130
28C.10.140
28C.10.150
28C.10.160
28C.10.170
28C.10.180
28C.10.190
28C.10.200
28C.10.210
28C.10.220
28C.10.900
28C.10.902
Intent.
Definitions.
Application of chapter.
Agency’s duties—Rules—Investigations—Interagency agreements about degree and nondegree programs.
Minimum standards—Denial of application for licensure—
Determination that school or program is at risk of closure or
termination.
Licenses—Requirements—Renewal.
Fees.
Tuition recovery fund—Created—State treasurer custodian.
Tuition recovery trust fund—Deposits—Operation—Claims.
Actions prohibited without license.
Suspension or modification of requirements of chapter.
Unfair business practices.
Complaints—Investigations—Hearings—Remedies—Transition assistance for students.
Violations—Civil penalties.
Violations—Criminal sanctions.
Actions resulting in jurisdiction of courts.
Educational records—Permanent file—Protection.
Contracts voidable—When.
Enforceability of debts—Authority to offer degree required.
Actions to enforce chapter—Who may bring—Relief.
Injunctive relief—Agency may seek.
Violation of chapter unfair or deceptive practice under RCW
19.86.020.
Remedies and penalties in chapter nonexclusive and cumulative.
Severability—1986 c 299.
Effective date—1986 c 299.
[Title 28C RCW—page 5]
28C.10.010
Title 28C RCW: Vocational Education
28C.10.010 Intent. It is the intent of this chapter to protect against practices by private vocational schools which are
false, deceptive, misleading, or unfair, and to help ensure
adequate educational quality at private vocational schools.
[1986 c 299 § 1.]
28C.10.010
28C.10.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Agency" means the workforce training and education coordinating board.
(2) "Agent" means a person owning an interest in,
employed by, or representing for remuneration a private
vocational school within or without this state, who enrolls or
personally attempts to secure the enrollment in a private
vocational school of a resident of this state, offers to award
educational credentials for remuneration on behalf of a private vocational school, or holds himself or herself out to residents of this state as representing a private vocational school
for any of these purposes.
(3) "Degree" means any designation, appellation, letters,
or words including but not limited to "associate," "bachelor,"
"master," "doctor," or "fellow" which signify or purport to
signify satisfactory completion of an academic program of
study beyond the secondary school level.
(4) "Education" includes but is not limited to, any class,
course, or program of training, instruction, or study.
(5) "Educational credentials" means degrees, diplomas,
certificates, transcripts, reports, or documents, that signify
satisfactory completion of the requirements or prerequisites
for any educational program.
(6) "Entity" includes, but is not limited to, a person, company, firm, society, association, partnership, corporation, or
trust.
(7) "Private vocational school" means any location
where an entity is offering postsecondary education in any
form or manner for the purpose of instructing, training, or
preparing persons for any vocation or profession.
(8) "Probation" means the agency has officially notified
a private vocational school in writing that the school or a program offered by the school has been identified by the agency
as at risk and has deficiencies that must be corrected within a
specified time period.
(9) "Program" means a sequence of approved subjects
offered by a school that teaches skills and fundamental
knowledge required for employment in a particular occupation.
(10) "To grant" includes to award, issue, sell, confer,
bestow, or give.
(11) "To offer" includes, in addition to its usual meanings, to advertise or publicize. "To offer" also means to
solicit or encourage any person, directly or indirectly, to perform the act described.
(12) "To operate" means to establish, keep, or maintain
any facility or location where, from, or through which education is offered or educational credentials are offered or
granted to residents of this state, and includes contracting for
the performance of any such act. [2007 c 462 § 1; 1993 c 445
§ 1; 1991 c 238 § 81; 1990 c 188 § 5; 1986 c 299 § 2.]
28C.10.020
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
[Title 28C RCW—page 6]
Severability—1990 c 188: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1990 c 188 § 14.]
28C.10.030 Application of chapter. This chapter does
not apply to:
(1) Bona fide trade, business, professional, or fraternal
organizations sponsoring educational programs primarily for
that organization’s membership or offered by that organization on a no-fee basis;
(2) Entities offering education that is exclusively avocational or recreational;
(3) Education not requiring payment of money or other
consideration if this education is not advertised or promoted
as leading toward educational credentials;
(4) Entities that are established, operated, and governed
by this state or its political subdivisions under Title 28A,
28B, or 28C RCW;
(5) Degree-granting programs in compliance with the
rules of the higher education coordinating board;
(6) Any other entity to the extent that it has been
exempted from some or all of the provisions of this chapter
under RCW 28C.10.100;
(7) Entities not otherwise exempt that are of a religious
character, but only as to those educational programs exclusively devoted to religious or theological objectives and represented accurately in institutional catalogs or other official
publications;
(8) Entities offering only courses certified by the federal
aviation administration;
(9) Barber and cosmetology schools licensed under
chapter 18.16 RCW;
(10) Entities which only offer courses approved to meet
the continuing education requirements for licensure under
chapter 18.04, 18.79, or 48.17 RCW; and
(11) Entities not otherwise exempt offering only workshops or seminars lasting no longer than three calendar days.
[1994 sp.s. c 9 § 723; 1990 c 188 § 6; 1986 c 299 § 3.]
28C.10.030
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1990 c 188: See note following RCW 28C.10.020.
28C.10.040 Agency’s duties—Rules—Investigations—Interagency agreements about degree and nondegree programs. The agency:
(1) Shall maintain a list of private vocational schools
licensed under this chapter;
(2) Shall adopt rules in accordance with chapter 34.05
RCW to carry out this chapter;
(3) May investigate any entity the agency reasonably
believes to be subject to the jurisdiction of this chapter. In
connection with the investigation, the agency may administer
oaths and affirmations, issue subpoenas and compel attendance, take evidence, and require the production of any
books, papers, correspondence, memorandums, or other
records which the agency deems relevant or material to the
investigation. The agency, including its staff and any other
authorized persons, may conduct site inspections and examine records of all schools subject to this chapter;
28C.10.040
(2008 Ed.)
Private Vocational Schools
(4) Shall develop an interagency agreement with the
higher education coordinating board to regulate degreegranting private vocational schools with respect to degree
and nondegree programs. [1994 c 38 § 5; 1986 c 299 § 4.]
28C.10.050 Minimum standards—Denial of application for licensure—Determination that school or program
is at risk of closure or termination. (1) The agency shall
adopt by rule minimum standards for entities operating private vocational schools. The minimum standards shall
include, but not be limited to, requirements to assess whether
a private vocational school is eligible to obtain and maintain
a license in this state.
(2) The requirements adopted by the agency shall, at a
minimum, require a private vocational school to:
(a) Disclose to the agency information about its ownership and financial position and to demonstrate to the agency
that the school is financially viable and responsible and that it
has sufficient financial resources to fulfill its commitments to
students. Financial disclosures provided to the agency shall
not be subject to public disclosure under chapter 42.56 RCW;
(b) Follow a uniform statewide cancellation and refund
policy as specified by the agency;
(c) Disclose through use of a school catalog, brochure, or
other written material, necessary information to students so
that students may make informed enrollment decisions. The
agency shall specify what information is required;
(d) Use an enrollment contract or agreement that
includes: (i) The school’s cancellation and refund policy, (ii)
a brief statement that the school is licensed under this chapter
and that inquiries may be made to the agency, and (iii) other
necessary information as determined by the agency;
(e) Describe accurately and completely in writing to students before their enrollment prerequisites and requirements
for (i) completing successfully the programs of study in
which they are interested and (ii) qualifying for the fields of
employment for which their education is designed;
(f) Comply with the requirements of RCW 28C.10.084;
(g) Assess the basic skills and relevant aptitudes of each
potential student to determine that a potential student has the
basic skills and relevant aptitudes necessary to complete and
benefit from the program in which the student plans to enroll,
including but not limited to administering a United States
department of education-approved English as a second language exam before enrolling students for whom English is a
second language unless the students provide proof of graduation from a United States high school or proof of completion
of a GED in English or results of another academic assessment determined appropriate by the agency. Guidelines for
such assessments shall be developed by the agency, in consultation with the schools;
(h) Discuss with each potential student the potential student’s obligations in signing any enrollment contract and/or
incurring any debt for educational purposes. The discussion
shall include the inadvisability of acquiring an excessive educational debt burden that will be difficult to repay given
employment opportunities and average starting salaries in the
potential student’s chosen occupation;
(i) Ensure that any enrollment contract between the private vocational school and its students has an attachment in a
format provided by the agency. The attachment shall be
28C.10.050
(2008 Ed.)
28C.10.082
signed by both the school and the student. The attachment
shall stipulate that the school has complied with (h) of this
subsection and that the student understands and accepts his or
her responsibilities in signing any enrollment contract or debt
application. The attachment shall also stipulate that the
enrollment contract shall not be binding for at least five days,
excluding Sundays and holidays, following signature of the
enrollment contract by both parties; and
(j) Comply with the requirements related to qualifications of administrators and instructors.
(3) The agency may deny a private vocational school’s
application for licensure if the school fails to meet the
requirements in this section.
(4) The agency may determine that a licensed private
vocational school or a particular program of a private vocational school is at risk of closure or termination if:
(a) There is a pattern or history of substantiated student
complaints filed with the agency pursuant to RCW
28C.10.120; or
(b) The private vocational school fails to meet minimum
licensing requirements and has a pattern or history of failing
to meet the minimum requirements.
(5) If the agency determines that a private vocational
school or a particular program is at risk of closure or termination, the agency shall require the school to take corrective
action. [2007 c 462 § 2; 2005 c 274 § 247; 2001 c 23 § 1;
1990 c 188 § 7; 1987 c 459 § 3; 1986 c 299 § 5.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Severability—1990 c 188: See note following RCW 28C.10.020.
28C.10.060 Licenses—Requirements—Renewal.
Any entity desiring to operate a private vocational school
shall apply for a license to the agency on a form provided by
the agency. The agency shall issue a license if the school:
(1) Files a completed application with information satisfactory to the agency. Misrepresentation by an applicant shall
be grounds for the agency, at its discretion, to deny or revoke
a license.
(2) Complies with the requirements for the *tuition
recovery fund under RCW 28C.10.084.
(3) Pays the required fees.
(4) Meets the minimum standards adopted by the agency
under RCW 28C.10.050.
Licenses shall be valid for one year from the date of issue
unless revoked or suspended. If a school fails to file a completed renewal application at least thirty days before the expiration date of its current license the school shall be subject to
payment of a late filing fee fixed by the agency. [1987 c 459
§ 4; 1986 c 299 § 6.]
28C.10.060
*Reviser’s note: The "tuition recovery fund" was renamed the "tuition
recovery trust fund" by 1993 c 445.
28C.10.070 Fees. The agency shall establish fees by
rule at a level necessary to approximately recover the staffing
costs incurred in administering this chapter. All fees collected
under this section shall be deposited in the state general fund.
[1986 c 299 § 7.]
28C.10.070
28C.10.082 *Tuition recovery fund—Created—State
treasurer custodian. The *tuition recovery fund is hereby
28C.10.082
[Title 28C RCW—page 7]
28C.10.084
Title 28C RCW: Vocational Education
established in the custody of the state treasurer. The agency
shall deposit in the fund all moneys received under RCW
28C.10.084. Moneys in the fund may be spent only for the
purposes under RCW 28C.10.084. Disbursements from the
fund shall be on authorization of the agency. The fund is subject to the allotment procedure provided under chapter 43.88
RCW, but no appropriation is required for disbursements.
[1991 sp.s. c 13 § 85; 1987 c 459 § 2.]
*Reviser’s note: The "tuition recovery fund" was renamed the "tuition
recovery trust fund" by 1993 c 445.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
28C.10.084 Tuition recovery trust fund—Deposits—
Operation—Claims. (1) The agency shall establish, maintain, and administer a tuition recovery trust fund. All funds
collected for the tuition recovery trust fund are payable to the
state for the benefit and protection of any student or enrollee
of a private vocational school licensed under this chapter, or,
in the case of a minor, his or her parents or guardian, for purposes including but not limited to the settlement of claims
related to school closures under subsection (10) of this section and the settlement of claims under RCW 28C.10.120.
The fund shall be liable for settlement of claims and costs of
administration but shall not be liable to pay out or recover
penalties assessed under RCW 28C.10.130 or 28C.10.140.
No liability accrues to the state of Washington from claims
made against the fund.
(2) By June 30, 1998, a minimum operating balance of
one million dollars shall be achieved in the fund and maintained thereafter. If disbursements reduce the operating balance below two hundred thousand dollars at any time before
June 30, 1998, or below one million dollars thereafter, each
participating owner shall be assessed a pro rata share of the
deficiency created, based upon the incremental scale created
under subsection (6) of this section for each private vocational school. The agency shall adopt schedules of times and
amounts for effecting payments of assessment.
(3) In order for a private vocational school to be and
remain licensed under this chapter each owner shall, in addition to other requirements under this chapter, make cash
deposits on behalf of the school into a tuition recovery trust
fund as a means to assure payment of claims brought under
this chapter.
(4) The amount of liability that can be satisfied by this
fund on behalf of each private vocational school licensed
under this chapter shall be the amount of unearned prepaid
tuition in possession of the owner.
(5) The fund’s liability with respect to each participating
private vocational school commences on the date of the initial deposit into the fund made on its behalf and ceases one
year from the date the school is no longer licensed under this
chapter.
(6) The agency shall adopt by rule a matrix for calculating the deposits into the fund on behalf of each vocational
school. Proration shall be determined by factoring the
school’s share of liability in proportion to the aggregated liability of all participants under the fund by grouping such prorations under the incremental scale created by subsection (4)
of this section. Expressed as a percentage of the total liability,
that figure determines the amount to be contributed when fac28C.10.084
[Title 28C RCW—page 8]
tored into a fund containing one million dollars. The total
amount of its prorated share, minus the amount paid for initial capitalization, shall be payable in up to twenty increments
over a ten-year period, commencing with the sixth month
after the initial capitalization deposit has been made on
behalf of the school. Additionally, the agency shall require
deposits for initial capitalization, under which the amount
each owner deposits is proportionate to the school’s share of
two hundred thousand dollars, employing the matrix developed under this subsection.
(7) No vested right or interests in deposited funds is created or implied for the depositor, either at any time during the
operation of the fund or at any such future time that the fund
may be dissolved. All funds deposited are payable to the state
for the purposes described under this section. The agency
shall maintain the fund, serve appropriate notices to affected
owners when scheduled deposits are due, collect deposits,
and make disbursements to settle claims against the fund.
When the aggregated deposits total five million dollars and
the history of disbursements justifies such modifications, the
agency may at its own option reduce the schedule of deposits
whether as to time, amount, or both and the agency may also
entertain proposals from among the licensees with regard to
disbursing surplus funds for such purposes as vocational
scholarships.
(8) Based on annual financial data supplied by the
owner, the agency shall determine whether the increment
assigned to that private vocational school on the incremental
scale established under subsection (6) of this section has
changed. If an increase or decrease in gross annual tuition
income has occurred, a corresponding change in the school’s
incremental position and contribution schedule shall be made
before the date of the owner’s next scheduled deposit into the
fund. Such adjustments shall only be calculated and applied
annually.
(9) If the majority ownership interest in a private vocational school is conveyed through sale or other means into
different ownership, all contributions made to the date of
transfer remain in the fund. The new owner shall continue to
make contributions to the fund until the original ten-year
cycle is completed. All tuition recovery trust fund contributions shall remain with the private vocational school transferred, and no additional cash deposits may be required
beyond the original ten-year contribution cycle.
(10) To settle claims adjudicated under RCW
28C.10.120 and claims resulting when a private vocational
school ceases to provide educational services, the agency
may make disbursements from the fund. Students enrolled
under a training contract executed between a school and a
public or private agency or business are not eligible to make
a claim against the fund. In addition to the processes
described for making reimbursements related to claims under
RCW 28C.10.120, the following procedures are established
to deal with reimbursements related to school closures:
(a) The agency shall attempt to notify all potential claimants. The unavailability of records and other circumstances
surrounding a school closure may make it impossible or
unreasonable for the agency to ascertain the names and
whereabouts of each potential claimant but the agency shall
make reasonable inquiries to secure that information from all
likely sources. The agency shall then proceed to settle the
(2008 Ed.)
Private Vocational Schools
claims on the basis of information in its possession. The
agency is not responsible or liable for claims or for handling
claims that may subsequently appear or be discovered.
(b) Thirty days after identified potential claimants have
been notified, if a claimant refuses or neglects to file a claim
verification as requested in such notice, the agency shall be
relieved of further duty or action on behalf of the claimant
under this chapter.
(c) After verification and review, the agency may disburse funds from the tuition recovery trust fund to settle or
compromise the claims. However, the liability of the fund for
claims against the closed school shall not exceed the amount
of unearned prepaid tuition in the possession of the owner.
(d) In the instance of claims against a closed school, the
agency shall seek to recover such disbursed funds from the
assets of the defaulted owner, including but not limited to
asserting claims as a creditor in bankruptcy proceedings.
(11) When funds are disbursed to settle claims against a
licensed private vocational school, the agency shall make
demand upon the owner for recovery. The agency shall adopt
schedules of times and amounts for effecting recoveries. An
owner’s failure to perform subjects the school’s license to
suspension or revocation under *RCW 28C.10.050 in addition to any other available remedies.
(12) For purposes of this section, "owner" includes, but
is not limited to, a person, company, firm, society, association, partnership, corporation, or trust having a controlling
ownership interest in a private vocational school. [2001 c 23
§ 2; 1999 c 321 § 3; 1993 c 445 § 2; 1990 c 188 § 8; 1987 c
459 § 1.]
*Reviser’s note: The suspension and revocation provisions of RCW
28C.10.050 were eliminated by 2007 c 462 § 2.
Intent—1999 c 321: See note following RCW 28B.15.100.
Severability—1990 c 188: See note following RCW 28C.10.020.
28C.10.090 Actions prohibited without license. A
private vocational school, whether located in this state or outside of this state, shall not conduct business of any kind,
make any offers, advertise or solicit, or enter into any contracts unless the private vocational school is licensed under
this chapter. [1986 c 299 § 9.]
28C.10.090
28C.10.100 Suspension or modification of requirements of chapter. The executive director of the agency may
suspend or modify any of the requirements under this chapter
in a particular case if the agency finds that:
(1) The suspension or modification is consistent with the
purposes of this chapter; and
(2) The education to be offered addresses a substantial,
demonstrated need among residents of the state or that literal
application of this chapter would cause a manifestly unreasonable hardship. [1986 c 299 § 10.]
28C.10.100
28C.10.110 Unfair business practices. It is an unfair
business practice for an entity operating a private vocational
school or an agent employed by a private vocational school
to:
(1) Fail to comply with the terms of a student enrollment
contract or agreement;
28C.10.110
(2008 Ed.)
28C.10.110
(2) Use an enrollment contract form, catalog, brochure,
or similar written material affecting the terms and conditions
of student enrollment other than that previously submitted to
the agency and authorized for use;
(3) Advertise in the help wanted section of a newspaper
or otherwise represent falsely, directly or by implication, that
the school is an employment agency, is making an offer of
employment or otherwise is attempting to conceal the fact
that what is being represented are course offerings of a
school;
(4) Represent falsely, directly or by implication, that an
educational program is approved by a particular industry or
that successful completion of the program qualifies a student
for admission to a labor union or similar organization or for
the receipt of a state license in any business, occupation, or
profession;
(5) Represent falsely, directly or by implication, that a
student who successfully completes a course or program of
instruction may transfer credit for the course or program to
any institution of higher education;
(6) Represent falsely, directly or by implication, in
advertising or in any other manner, the school’s size, location, facilities, equipment, faculty qualifications, or the extent
or nature of any approval received from an accrediting association;
(7) Represent that the school is approved, recommended,
or endorsed by the state of Washington or by the agency,
except the fact that the school is authorized to operate under
this chapter may be stated;
(8) Provide prospective students with any testimonial,
endorsement, or other information which has the tendency to
mislead or deceive prospective students or the public regarding current practices of the school, current conditions for
employment opportunities, or probable earnings in the occupation for which the education was designed;
(9) Designate or refer to sales representatives as "counselors," "advisors," or similar terms which have the tendency
to mislead or deceive prospective students or the public
regarding the authority or qualifications of the sales representatives;
(10) Make or cause to be made any statement or representation in connection with the offering of education if the
school or agent knows or reasonably should have known the
statement or representation to be false, substantially inaccurate, or misleading;
(11) Engage in methods of advertising, sales, collection,
credit, or other business practices which are false, deceptive,
misleading, or unfair, as determined by the agency by rule; or
(12) Attempt to recruit students in or within forty feet of
a building that contains a welfare or unemployment office.
Recruiting includes, but is not limited to canvassing and surveying. Recruiting does not include leaving materials at or
near an office for a person to pick up of his or her own accord,
or handing a brochure or leaflet to a person provided that no
attempt is made to obtain a name, address, telephone number,
or other data, or to otherwise actively pursue the enrollment
of the individual.
It is a violation of this chapter for an entity operating a
private vocational school to engage in an unfair business
practice. The agency may deny, revoke, or suspend the
license of any entity that is found to have engaged in a sub[Title 28C RCW—page 9]
28C.10.120
Title 28C RCW: Vocational Education
stantial number of unfair business practices or that has
engaged in significant unfair business practices. [2001 c 23 §
3; 1990 c 188 § 9; 1986 c 299 § 11.]
may be imposed by the agency under RCW 28C.10.120, or in
any court of competent jurisdiction. [1986 c 299 § 13.]
Severability—1990 c 188: See note following RCW 28C.10.020.
28C.10.140 Violations—Criminal sanctions. Any
entity or any owner, officer, agent, or employee of such entity
who wilfully violates RCW 28C.10.060 or 28C.10.090 is
guilty of a gross misdemeanor and, upon conviction, shall be
punished by a fine of not to exceed one thousand dollars or by
imprisonment in the county jail for not to exceed one year, or
by both such fine and imprisonment.
Each day on which a violation occurs constitutes a separate violation. The criminal sanctions may be imposed by a
court of competent jurisdiction in an action brought by the
attorney general of this state. [1986 c 299 § 14.]
28C.10.120 Complaints—Investigations—Hearings—Remedies—Transition assistance for students. (1)
Complaints may be filed under this chapter only by a person
claiming loss of tuition or fees as a result of an unfair business practice. The complaint shall set forth the alleged violation and shall contain information required by the agency on
forms provided for that purpose. A complaint may also be
filed with the agency by an authorized staff member of the
agency or by the attorney general.
(2) The agency shall investigate any complaint under this
section and shall first attempt to bring about a negotiated settlement. The agency director or the director’s designee may
conduct an informal hearing with the affected parties in order
to determine whether a violation has occurred.
(3) If the agency finds that the private vocational school
or its agent engaged in or is engaging in any unfair business
practice, the agency shall issue and cause to be served upon
the violator an order requiring the violator to cease and desist
from the act or practice and may impose the penalties provided under RCW 28C.10.130. If the agency finds that the
complainant has suffered loss as a result of the act or practice,
the agency may order the violator to pay full or partial restitution of any amounts lost. The loss may include any money
paid for tuition, required or recommended course materials,
and any reasonable living expenses incurred by the complainant during the time the complainant was enrolled at the
school.
(4) The complainant is not bound by the agency’s determination of restitution. The complainant may reject that
determination and may pursue any other legal remedy.
(5) The violator may, within twenty days of being served
any order described under subsection (3) of this section, file
an appeal under the administrative procedure act, chapter
34.05 RCW. Timely filing stays the agency’s order during
the pendency of the appeal. If the agency prevails, the appellant shall pay the costs of the administrative hearing.
(6) If a private vocational school closes without providing adequate notice to its enrolled students, the agency shall
provide transition assistance to the school’s students including, but not limited to, information regarding: (a) Transfer
options available to students; (b) financial aid discharge eligibility and procedures; (c) the labor market, job search strategies, and placement assistance services; and (d) other support
services available to students. [2007 c 462 § 3; 1993 c 445 §
3; 1990 c 188 § 10; 1989 c 175 § 83; 1986 c 299 § 12.]
28C.10.120
Severability—1990 c 188: See note following RCW 28C.10.020.
28C.10.140
28C.10.150 Actions resulting in jurisdiction of
courts. A private vocational school, whether located in this
state or outside of this state, that conducts business of any
kind, makes any offers, advertises, solicits, or enters into any
contracts in this state or with a resident of this state is subject
to the jurisdiction of the courts of this state for any cause of
action arising from the acts. [1986 c 299 § 15.]
28C.10.150
28C.10.160 Educational records—Permanent file—
Protection. If any private vocational school discontinues its
operation, the chief administrative officer of the school shall
file with the agency the original or legible true copies of all
educational records required by the agency. If the agency
determines that any educational records are in danger of
being made unavailable to the agency, the agency may seek a
court order to protect and if necessary take possession of the
records. The agency shall cause to be maintained a permanent
file of educational records coming into its possession. [1986
c 299 § 16.]
28C.10.160
28C.10.170 Contracts voidable—When. If a student
or prospective student is a resident of this state at the time any
contract relating to payment for education or any note, instrument, or other evidence of indebtedness relating thereto is
entered into, RCW 28C.10.180 shall govern the rights of the
parties to the contract or evidence of indebtedness. If a contract or evidence of indebtedness contains any of the following agreements, the contract is voidable at the option of the
student or prospective student:
(1) That the law of another state shall apply;
(2) That the maker or any person liable on the contract or
evidence of indebtedness consents to the jurisdiction of
another state;
(3) That another person is authorized to confess judgment on the contract or evidence of indebtedness; or
(4) That fixes venue. [1986 c 299 § 17.]
28C.10.170
Effective date—1989 c 175: See note following RCW 34.05.010.
28C.10.180 Enforceability of debts—Authority to
offer degree required. A note, instrument, or other evidence
of indebtedness or contract relating to payment for education
is not enforceable in the courts of this state by a private vocational school or holder of the instrument unless the private
vocational school was licensed under this chapter at the time
the note, instrument, or other evidence of indebtedness or
contract was entered into. [1986 c 299 § 18.]
28C.10.180
28C.10.130 Violations—Civil penalties. Any private
vocational school or agent violating RCW 28C.10.060,
28C.10.090, or 28C.10.110 or the applicable agency rules is
subject to a civil penalty of not more than one hundred dollars
for each separate violation. Each day on which a violation
occurs constitutes a separate violation. Multiple violations on
a single day may be considered separate violations. The fine
28C.10.130
[Title 28C RCW—page 10]
(2008 Ed.)
Workforce Training and Education
28C.10.190 Actions to enforce chapter—Who may
bring—Relief. The attorney general or the prosecuting attorney of any county in which a private vocational school or
agent of the school is found may bring an action in any court
of competent jurisdiction for the enforcement of this chapter.
The court may issue an injunction or grant any other appropriate form of relief. [1986 c 299 § 19.]
28C.10.190
28C.10.200 Injunctive relief—Agency may seek. The
agency may seek injunctive relief, after giving notice to the
affected party, in a court of competent jurisdiction for a violation of this chapter or the rules adopted under this chapter.
The agency need not allege or prove that the agency has no
adequate remedy at law. The right of injunction provided in
this section is in addition to any other legal remedy which the
agency has and is in addition to any right of criminal prosecution provided by law. The existence of agency action with
respect to alleged violations of this chapter and rules adopted
under this chapter does not operate as a bar to an action for
injunctive relief under this section. [1986 c 299 § 20.]
28C.10.200
28C.10.210 Violation of chapter unfair or deceptive
practice under RCW 19.86.020. A violation of this chapter
or the rules adopted under this chapter affects the public
interest and is an unfair or deceptive act or practice in violation of RCW 19.86.020 of the consumer protection act. The
remedies and sanctions provided by this section shall not preclude application of other remedies and sanctions. [1986 c
299 § 21.]
28C.10.210
28C.10.220 Remedies and penalties in chapter nonexclusive and cumulative. The remedies and penalties provided for in this chapter are nonexclusive and cumulative and
do not affect any other actions or proceedings. [1986 c 299 §
22.]
28C.10.220
28C.10.900 Severability—1986 c 299. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1986 c 299 § 27.]
28C.10.900
28C.10.902 Effective date—1986 c 299. This act shall
take effect July 1, 1986. [1986 c 299 § 31.]
28C.10.902
Chapter 28C.18 RCW
WORKFORCE TRAINING AND EDUCATION
Chapter 28C.18
Sections
28C.18.005
28C.18.010
28C.18.020
28C.18.030
28C.18.040
28C.18.050
28C.18.060
28C.18.070
28C.18.080
28C.18.090
28C.18.100
(2008 Ed.)
Findings.
Definitions.
Workforce training and education coordinating board.
Purpose of the board.
Director’s duties.
Board designation and functions for federal purposes—Monitoring state plans for consistency.
Board’s duties.
Intent—"Program" clarified.
Comprehensive plan—Contents—Updates—Agency operating plans—Reports to the legislature.
Additional board duties—Program evaluation by operating
agencies.
Assessments by board—Biennial report to legislature and governor.
28C.18.005
28C.18.110 Identification of policies and methods to promote efficiency
and sharing of resources—Report to governor and legislature.
28C.18.120 State strategic plan for supply of health care personnel—
Reports.
28C.18.130 Industry skill panels—Grants—Role.
28C.18.132 Electronically distributed learning—Work group—Report.
28C.18.134 Employer workplace-based educational programs with distance learning components—Pilot project—Report.
28C.18.136 Receipt of federal and private funds.
28C.18.140 Industry skill panels—Standards—Report.
28C.18.900 Effective dates—Severability—1991 c 238.
Workforce supply and demographics—Surveys: RCW 43.70.695.
28C.18.005
28C.18.005 Findings. The legislature finds that the
state’s system of workforce training and education is inadequate for meeting the needs of the state’s workers, employers, and economy. A growing shortage of skilled workers is
already hurting the state’s economy. There is a shortage of
available workers and too often prospective employees lack
the skills and training needed by employers. Moreover, with
demographic changes in the state’s population employers
will need to employ a more culturally diverse workforce in
the future.
The legislature further finds that the state’s current workforce training and education system is fragmented among
numerous agencies, councils, boards, and committees, with
inadequate overall coordination. No comprehensive strategic
plan guides the different parts of the system. There is no single point of leadership and responsibility. There is insufficient guidance from employers and workers built into the
system to ensure that the system is responsive to the needs of
its customers. Adult workforce education lacks a uniform
system of governance, with an inefficient division in governance between community colleges and vocational technical
institutes, and inadequate local authority. The parts of the
system providing adult basic skills and literacy education are
especially uncoordinated and lack sufficient visibility to adequately address the needs of the large number of adults in the
state who are functionally illiterate. The workforce training
and education system’s data and evaluation methods are
inconsistent and unable to provide adequate information for
determining how well the system is performing on a regular
basis so that the system may be held accountable for the outcomes it produces. Much of the workforce training and education system provides inadequate opportunities to meet the
needs of people from culturally diverse backgrounds. Finally,
our public and private educational institutions are not producing the number of people educated in vocational/technical
skills needed by employers.
The legislature recognizes that we must make certain
that our public and private institutions of education place
appropriate emphasis on the needs of employers and on the
needs of the approximately eighty percent of our young people who enter the world of work without completing a fouryear program of higher education. We must make our workforce education and training system better coordinated, more
efficient, more responsive to the needs of business and workers and local communities, more accountable for its performance, and more open to the needs of a culturally diverse
population. [1996 c 99 § 1; 1991 c 238 § 1.]
[Title 28C RCW—page 11]
28C.18.010
Title 28C RCW: Vocational Education
28C.18.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this title.
(1) "Board" means the workforce training and education
coordinating board.
(2) "Director" means the director of the workforce training and education coordinating board.
(3) "Training system" means programs and courses of
secondary vocational education, technical college programs
and courses, community college vocational programs and
courses, private career school and college programs and
courses, employer-sponsored training, adult basic education
programs and courses, programs and courses funded by the
federal workforce investment act, programs and courses
funded by the federal vocational act, programs and courses
funded under the federal adult education act, publicly funded
programs and courses for adult literacy education, and
apprenticeships, and programs and courses offered by private
and public nonprofit organizations that are representative of
communities or significant segments of communities and
provide job training or adult literacy services.
(4) "Workforce skills" means skills developed through
applied learning that strengthen and reinforce an individual’s
academic knowledge, critical thinking, problem solving, and
work ethic and, thereby, develop the employability, occupational skills, and management of home and work responsibilities necessary for economic independence.
(5) "Vocational education" means organized educational
programs offering a sequence of courses which are directly
related to the preparation or retraining of individuals in paid
or unpaid employment in current or emerging occupations
requiring other than a baccalaureate or advanced degree.
Such programs shall include competency-based applied
learning which contributes to an individual’s academic
knowledge, higher-order reasoning, and problem-solving
skills, work attitudes, general employability skills, and the
occupational-specific skills necessary for economic independence as a productive and contributing member of society.
Such term also includes applied technology education.
(6) "Adult basic education" means instruction designed
to achieve mastery of skills in reading, writing, oral communication, and computation at a level sufficient to allow the
individual to function effectively as a parent, worker, and citizen in the United States, commensurate with that individual’s actual ability level, and includes English as a second
language and preparation and testing service for the general
education development exam.
(7) "Industry skill panel" means a regional partnership of
business, labor, and education leaders that identifies skill
gaps in a key economic cluster and enables the industry and
public partners to respond to and be proactive in addressing
workforce skill needs. [2008 c 103 § 2; 1996 c 99 § 2; 1991
c 238 § 2.]
28C.18.010
Findings—Intent—2008 c 103: "(1) The legislature finds that a skilled
workforce is essential for employers and job seekers to compete in today’s
global economy. The engines of economic progress are fueled by education
and training. The legislature further finds that industry skill panels are a critical and proven form of public-private partnership that harness the expertise
of leaders in business, labor, and education to identify workforce development strategies for industries that drive Washington’s regional economies.
Industry skill panels foster innovation and enable industry leaders and public
partners to be proactive, addressing changing needs for businesses quickly
and strategically. Industry skill panels leverage small state investments with
[Title 28C RCW—page 12]
private sector investments to ensure that public resources are better aligned
with industry needs.
(2) The legislature further finds that industry skill panels support other
valuable initiatives such as the department of community, trade, and economic development’s cluster-based economic development grants; the community and technical college centers of excellence, high-demand funds, and
the job skills program; and the employment security department’s incumbent
worker training funds. Industry skill panels provide a framework for coordinating these and other investments in line with economic and workforce
development strategies identified by industry leaders. It is the intent of the
legislature to support the development and maintenance of industry skill
panels in key sectors of the economy as an efficient and effective way to support regional economic development." [2008 c 103 § 1.]
28C.18.020
28C.18.020 Workforce training and education coordinating board. (1) There is hereby created the workforce
training and education coordinating board as a state agency
and as the successor agency to the state board for vocational
education. Once the coordinating board has convened, all references to the state board for vocational education in the
Revised Code of Washington shall be construed to mean the
workforce training and education coordinating board, except
that reference to the state board for vocational education in
RCW 49.04.030 shall mean the state board for community
and technical colleges.
(2)(a) The board shall consist of nine voting members
appointed by the governor with the consent of the senate, as
follows: Three representatives of business, three representatives of labor, and, serving as ex officio members, the superintendent of public instruction, the executive director of the
state board for community and technical colleges, and the
commissioner of the employment security department. The
chair of the board shall be a nonvoting member selected by
the governor with the consent of the senate, and shall serve at
the pleasure of the governor. In selecting the chair, the governor shall seek a person who understands the future economic
needs of the state and nation and the role that the state’s training system has in meeting those needs. Each voting member
of the board may appoint a designee to function in his or her
place with the right to vote. In making appointments to the
board, the governor shall seek to ensure geographic, ethnic,
and gender diversity and balance. The governor shall also
seek to ensure diversity and balance by the appointment of
persons with disabilities.
(b) The business representatives shall be selected from
among nominations provided by a statewide business organization representing a cross-section of industries. However,
the governor may request, and the organization shall provide,
an additional list or lists from which the governor shall select
the business representatives. The nominations and selections
shall reflect the cultural diversity of the state, including
women, people with disabilities, and racial and ethnic minorities, and diversity in sizes of businesses.
(c) The labor representatives shall be selected from
among nominations provided by statewide labor organizations. However, the governor may request, and the organizations shall provide, an additional list or lists from which the
governor shall select the labor representatives. The nominations and selections shall reflect the cultural diversity of the
state, including women, people with disabilities, and racial
and ethnic minorities.
(2008 Ed.)
Workforce Training and Education
(d) Each business member may cast a proxy vote or
votes for any business member who is not present and who
authorizes in writing the present member to cast such vote.
(e) Each labor member may cast a proxy vote for any
labor member who is not present and who authorizes in writing the present member to cast such vote.
(f) The chair shall appoint to the board one nonvoting
member to represent racial and ethnic minorities, women,
and people with disabilities. The nonvoting member
appointed by the chair shall serve for a term of four years
with the term expiring on June 30th of the fourth year of the
term.
(g) The business members of the board shall serve for
terms of four years, the terms expiring on June 30th of the
fourth year of the term except that in the case of initial members, one shall be appointed to a two-year term and one
appointed to a three-year term.
(h) The labor members of the board shall serve for terms
of four years, the terms expiring on June 30th of the fourth
year of the term except that in the case of initial members,
one shall be appointed to a two-year term and one appointed
to a three-year term.
(i) Any vacancies among board members representing
business or labor shall be filled by the governor with nominations provided by statewide organizations representing business or labor, respectively.
(j) The board shall adopt bylaws and shall meet at least
bimonthly and at such other times as determined by the chair
who shall give reasonable prior notice to the members or at
the request of a majority of the voting members.
(k) Members of the board shall be compensated in accordance with RCW 43.03.040 and shall receive travel expenses
in accordance with RCW 43.03.050 and 43.03.060.
(l) The board shall be formed and ready to assume its
responsibilities under this chapter by October 1, 1991.
(m) The director of the board shall be appointed by the
governor from a list of three names submitted by a committee
made up of the business and labor members of the board.
However, the governor may request, and the committee shall
provide, an additional list or lists from which the governor
shall select the director. The lists compiled by the committee
shall not be subject to public disclosure. The governor may
dismiss the director only with the approval of a majority vote
of the board. The board, by a majority vote, may dismiss the
director with the approval of the governor.
(3) The state board for vocational education is hereby
abolished and its powers, duties, and functions are hereby
transferred to the workforce training and education coordinating board. All references to the director or the state board
for vocational education in the Revised Code of Washington
shall be construed to mean the director or the workforce training and education coordinating board. [1991 c 238 § 3.]
28C.18.030 Purpose of the board. The purpose of the
board is to provide planning, coordination, evaluation, monitoring, and policy analysis for the state training system as a
whole, and advice to the governor and legislature concerning
the state training system, in cooperation with the state training system and the higher education coordinating board.
[1996 c 99 § 3; 1991 c 238 § 4.]
28C.18.060
28C.18.040 Director’s duties. (1) The director shall
serve as chief executive officer of the board who shall administer the provisions of this chapter, employ such personnel as
may be necessary to implement the purposes of this chapter,
and utilize staff of existing operating agencies to the fullest
extent possible.
(2) The director shall not be the chair of the board.
(3) Subject to the approval of the board, the director shall
appoint necessary deputy and assistant directors and other
staff who shall be exempt from the provisions of chapter
41.06 RCW. The director’s appointees shall serve at the
director’s pleasure on such terms and conditions as the director determines but subject to chapter 42.52 RCW.
(4) The director shall appoint and employ such other
employees as may be required for the proper discharge of the
functions of the board.
(5) The director shall, as permissible under P.L. 101-392,
as amended, integrate the staff of the council on vocational
education, and contract with the state board for community
and technical colleges for assistance for adult basic skills and
literacy policy development and planning as required by P.L.
100-297, as amended. [1994 c 154 § 307; 1991 c 238 § 5.]
28C.18.040
Parts and captions not law—Effective date—Severability—1994 c
154: See RCW 42.52.902, 42.52.904, and 42.52.905.
28C.18.050 Board designation and functions for federal purposes—Monitoring state plans for consistency.
(1) The board shall be designated as the state board of vocational education as provided for in P.L. 98-524, as amended,
and shall perform such functions as is necessary to comply
with federal directives pertaining to the provisions of such
law.
(2) The board shall perform the functions of the human
resource investment council as provided for in the federal job
training partnership act, P.L. 97-300, as amended.
(3) The board shall provide policy advice for any federal
act pertaining to workforce development that is not required
by state or federal law to be provided by another state body.
(4) Upon enactment of new federal initiatives relating to
workforce development, the board shall advise the governor
and the legislature on mechanisms for integrating the federal
initiatives into the state’s workforce development system and
make recommendations on the legislative or administrative
measures necessary to streamline and coordinate state efforts
to meet federal guidelines.
(5) The board shall monitor for consistency with the state
comprehensive plan for workforce training and education the
policies and plans established by the state job training coordinating council, the advisory council on adult education, and
the Washington state plan for adult basic education, and provide guidance for making such policies and plans consistent
with the state comprehensive plan for workforce training and
education. [1995 c 130 § 3; 1991 c 238 § 6.]
28C.18.050
28C.18.030
(2008 Ed.)
28C.18.060 Board’s duties. The board, in cooperation
with the operating agencies of the state training system and
private career schools and colleges, shall:
(1) Concentrate its major efforts on planning, coordination evaluation, policy analysis, and recommending improvements to the state’s training system;
28C.18.060
[Title 28C RCW—page 13]
28C.18.060
Title 28C RCW: Vocational Education
(2) Advocate for the state training system and for meeting the needs of employers and the workforce for workforce
education and training;
(3) Establish and maintain an inventory of the programs
of the state training system, and related state programs, and
perform a biennial assessment of the vocational education,
training, and adult basic education and literacy needs of the
state; identify ongoing and strategic education needs; and
assess the extent to which employment, training, vocational
and basic education, rehabilitation services, and public assistance services represent a consistent, integrated approach to
meet such needs;
(4) Develop and maintain a state comprehensive plan for
workforce training and education, including but not limited
to, goals, objectives, and priorities for the state training system, and review the state training system for consistency with
the state comprehensive plan. In developing the state comprehensive plan for workforce training and education, the
board shall use, but shall not be limited to: Economic, labor
market, and populations trends reports in office of financial
management forecasts; joint office of financial management
and employment security department labor force, industry
employment, and occupational forecasts; the results of scientifically based outcome, net-impact and cost-benefit evaluations; the needs of employers as evidenced in formal
employer surveys and other employer input; and the needs of
program participants and workers as evidenced in formal surveys and other input from program participants and the labor
community;
(5) In consultation with the higher education coordinating board, review and make recommendations to the office of
financial management and the legislature on operating and
capital facilities budget requests for operating agencies of the
state training system for purposes of consistency with the
state comprehensive plan for workforce training and education;
(6) Provide for coordination among the different operating agencies and components of the state training system at
the state level and at the regional level;
(7) Develop a consistent and reliable database on vocational education enrollments, costs, program activities, and
job placements from publicly funded vocational education
programs in this state;
(8)(a) Establish standards for data collection and maintenance for the operating agencies of the state training system
in a format that is accessible to use by the board. The board
shall require a minimum of common core data to be collected
by each operating agency of the state training system;
(b) Develop requirements for minimum common core
data in consultation with the office of financial management
and the operating agencies of the training system;
(9) Establish minimum standards for program evaluation
for the operating agencies of the state training system, including, but not limited to, the use of common survey instruments
and procedures for measuring perceptions of program participants and employers of program participants, and monitor
such program evaluation;
(10) Every two years administer scientifically based outcome evaluations of the state training system, including, but
not limited to, surveys of program participants, surveys of
employers of program participants, and matches with
[Title 28C RCW—page 14]
employment security department payroll and wage files.
Every five years administer scientifically based net-impact
and cost-benefit evaluations of the state training system;
(11) In cooperation with the employment security
department, provide for the improvement and maintenance of
quality and utility in occupational information and forecasts
for use in training system planning and evaluation. Improvements shall include, but not be limited to, development of
state-based occupational change factors involving input by
employers and employees, and delineation of skill and training requirements by education level associated with current
and forecasted occupations;
(12) Provide for the development of common course
description formats, common reporting requirements, and
common definitions for operating agencies of the training
system;
(13) Provide for effectiveness and efficiency reviews of
the state training system;
(14) In cooperation with the higher education coordinating board, facilitate transfer of credit policies and agreements
between institutions of the state training system, and encourage articulation agreements for programs encompassing two
years of secondary workforce education and two years of
postsecondary workforce education;
(15) In cooperation with the higher education coordinating board, facilitate transfer of credit policies and agreements
between private training institutions and institutions of the
state training system;
(16) Develop policy objectives for the workforce investment act, P.L. 105-220, or its successor; develop coordination criteria for activities under the act with related programs
and services provided by state and local education and training agencies; and ensure that entrepreneurial training opportunities are available through programs of each local workforce investment board in the state;
(17) Make recommendations to the commission of student assessment, the state board of education, and the superintendent of public instruction, concerning basic skill competencies and essential core competencies for K-12 education.
Basic skills for this purpose shall be reading, writing, computation, speaking, and critical thinking, essential core competencies for this purpose shall be English, math, science/technology, history, geography, and critical thinking. The board
shall monitor the development of and provide advice concerning secondary curriculum which integrates vocational
and academic education;
(18) Establish and administer programs for marketing
and outreach to businesses and potential program participants;
(19) Facilitate the location of support services, including
but not limited to, child care, financial aid, career counseling,
and job placement services, for students and trainees at institutions in the state training system, and advocate for support
services for trainees and students in the state training system;
(20) Facilitate private sector assistance for the state training system, including but not limited to: Financial assistance,
rotation of private and public personnel, and vocational counseling;
(21) Facilitate the development of programs for schoolto-work transition that combine classroom education and onthe-job training, including entrepreneurial education and
(2008 Ed.)
Workforce Training and Education
training, in industries and occupations without a significant
number of apprenticeship programs;
(22) Include in the planning requirements for local workforce investment boards a requirement that the local workforce investment boards specify how entrepreneurial training
is to be offered through the one-stop system required under
the workforce investment act, P.L. 105-220, or its successor;
(23) Encourage and assess progress for the equitable representation of racial and ethnic minorities, women, and people with disabilities among the students, teachers, and administrators of the state training system. Equitable, for this purpose, shall mean substantially proportional to their
percentage of the state population in the geographic area
served. This function of the board shall in no way lessen
more stringent state or federal requirements for representation of racial and ethnic minorities, women, and people with
disabilities;
(24) Participate in the planning and policy development
of governor set-aside grants under P.L. 97-300, as amended;
(25) Administer veterans’ programs, licensure of private
vocational schools, the job skills program, and the Washington award for vocational excellence;
(26) Allocate funding from the state job training trust
fund;
(27) Work with the director of community, trade, and
economic development to ensure coordination between
workforce training priorities and that department’s economic
development and entrepreneurial development efforts;
(28) Conduct research into workforce development programs designed to reduce the high unemployment rate among
young people between approximately eighteen and twentyfour years of age. In consultation with the operating agencies, the board shall advise the governor and legislature on
policies and programs to alleviate the high unemployment
rate among young people. The research shall include disaggregated demographic information and, to the extent possible, income data for adult youth. The research shall also
include a comparison of the effectiveness of programs examined as a part of the research conducted in this subsection in
relation to the public investment made in these programs in
reducing unemployment of young adults. The board shall
report to the appropriate committees of the legislature by
November 15, 2008, and every two years thereafter. Where
possible, the data reported to the legislative committees
should be reported in numbers and in percentages;
(29) Adopt rules as necessary to implement this chapter.
The board may delegate to the director any of the functions of this section. [2008 c 212 § 2; 2007 c 149 § 1; 1996 c
99 § 4; 1993 c 280 § 17; 1991 c 238 § 7.]
Finding—Intent—2008 c 212: "The legislature finds that there is a
persistent and unacceptable high rate of unemployment among young people
in Washington. The unemployment rate among those between eighteen and
twenty-four years of age is seventeen percent, about four times the unemployment rate among the general population. It is the legislature’s intent that
the workforce training and education coordinating board examine programs
to help young people be more successful in the workforce and make recommendations to improve policies and programs in Washington." [2008 c 212
§ 1.]
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
(2008 Ed.)
28C.18.080
28C.18.070 Intent—"Program" clarified. (1) The
legislature continues to recognize the vital role that workforce development efforts play in equipping the state’s workers with the skills they need to succeed in an economy that
requires higher levels of skill and knowledge. The legislature
also recognizes that businesses are increasingly relying on
the state’s workforce development programs and expect them
to be responsive to their changing skill requirements. The
state benefits from a workforce development system that
allows firms and workers to be highly competitive in global
markets.
(2) The establishment of the workforce training and education coordinating board was an integral step in developing
a strategic approach to workforce development. For the coordinating board to carry out its intended role, the board must
be able to give unambiguous guidance to operating agencies,
the governor, and the legislature. It is the intent of chapter
130, Laws of 1995, to clarify the preeminent role intended for
the workforce training and education coordinating board in
coordination and policy development of the state’s workforce
development efforts.
(3) In the event that federal workforce development
funds are block granted to the state, it is the intent of the legislature to seek the broadest possible input, from local and
statewide organizations concerned with workforce development, on the allocation of the federal funds.
(4) For purposes of RCW 28C.18.080 through
28C.18.110, the term "program" shall not refer to the activities of individual institutions such as individual community
or technical colleges, common schools, service delivery
areas, or job service centers; nor shall it refer to individual
fields of study or courses. [1995 c 130 § 1.]
28C.18.070
28C.18.080 Comprehensive plan—Contents—
Updates—Agency operating plans—Reports to the legislature. (1) The state comprehensive plan for workforce
training and education shall be updated every two years and
presented to the governor and the appropriate legislative policy committees. Following public hearings, the legislature
shall, by concurrent resolution, approve or recommend
changes to the initial plan and the updates. The plan shall then
become the state’s workforce training policy unless legislation is enacted to alter the policies set forth in the plan.
(2) The comprehensive plan shall include workforce
training role and mission statements for the workforce development programs of operating agencies represented on the
board and sufficient specificity regarding expected actions by
the operating agencies to allow them to carry out actions consistent with the comprehensive plan.
(3) Operating agencies represented on the board shall
have operating plans for their workforce development efforts
that are consistent with the comprehensive plan and that provide detail on implementation steps they will take to carry out
their responsibilities under the plan. Each operating agency
represented on the board shall provide an annual progress
report to the board.
(4) The comprehensive plan shall include recommendations to the legislature and the governor on the modification,
consolidation, initiation, or elimination of workforce training
and education programs in the state.
28C.18.080
[Title 28C RCW—page 15]
28C.18.090
Title 28C RCW: Vocational Education
(5) The comprehensive plan shall address how the state’s
workforce development system will meet the needs of
employers hiring for industrial projects of statewide significance.
(6) The board shall report to the appropriate legislative
policy committees by December 1 of each year on its
progress in implementing the comprehensive plan and on the
progress of the operating agencies in meeting their obligations under the plan. [1997 c 369 § 5; 1995 c 130 § 2.]
Industrial project of statewide significance—Defined: RCW 43.157.010.
28C.18.090 Additional board duties—Program evaluation by operating agencies. (1) The board shall specify,
by December 31, 1995, the common core data to be collected
by the operating agencies of the state training system and the
standards for data collection and maintenance required in
RCW 28C.18.060(8).
(2) The minimum standards for program evaluation by
operating agencies required in RCW 28C.18.060(9) shall
include biennial program evaluations; the first of such evaluations shall be completed by the operating agencies July 1,
1996. The program evaluation of adult basic skills education
shall be provided by the advisory council on adult education.
(3) The board shall complete, by January 1, 1996, its first
outcome-based evaluation and, by September 1, 1996, its
nonexperimental net-impact and cost-benefit evaluations of
the training system. The outcome, net-impact, and cost-benefit evaluations shall for the first evaluations, include evaluations of each of the following programs: Secondary vocational-technical education, work-related adult basic skills
education, postsecondary workforce training, job training
partnership act titles II and III, as well as of the system as a
whole.
(4) The board shall use the results of its outcome, netimpact, and cost-benefit evaluations to develop and make
recommendations to the legislature and the governor for the
modification, consolidation, initiation, or elimination of
workforce training and education programs in the state.
The board shall perform the requirements of this section
in cooperation with the operating agencies. [1995 c 130 § 4.]
28C.18.090
28C.18.100 Assessments by board—Biennial report
to legislature and governor. The board shall, by January 1,
1996, and biennially thereafter: (1) Assess the total demand
for training from the perspective of workers, and from the
perspective of employers; (2) assess the available supply of
publicly and privately provided training which workers and
employers are demanding; (3) assess the costs to the state of
meeting the demand; and (4) present the legislature and the
governor with a strategy for bridging the gap between the
supply and the demand for training services. [1995 c 130 §
5.]
28C.18.100
28C.18.110 Identification of policies and methods to
promote efficiency and sharing of resources—Report to
governor and legislature. The board shall, in cooperation
with the operating agencies, by January 1, 1996:
(1) Identify policies to reduce administrative and other
barriers to efficient operation of the state’s workforce development system and barriers to improved coordination of
28C.18.110
[Title 28C RCW—page 16]
workforce development in the state. These policies shall
include waivers of statutory requirements and administrative
rules, as well as implementation of one-stop access to workforce development services and school-to-work transition;
(2) Identify ways for operating agencies to share
resources, instructors, and curricula through collaboration
with other public and private entities to increase training
opportunities and reduce costs; and
(3) Report to the governor and the appropriate legislative
committees its recommendations for any statutory changes
necessary to enhance operational efficiencies or improve
coordination. The board shall work with the operating agencies of the state’s workforce development system to reduce
administrative barriers that do not require statutory changes.
[1995 c 130 § 6.]
28C.18.120 State strategic plan for supply of health
care personnel—Reports. The board shall:
(1) Facilitate ongoing collaboration among stakeholders
in order to address the health care personnel shortage;
(2) In collaboration with stakeholders, establish and
maintain a state strategic plan for ensuring an adequate supply of health care personnel that safeguards the ability of the
health care delivery system in Washington state to provide
quality, accessible health care to residents of Washington;
and
(3) Report to the governor and legislature by December
31, 2003, and annually thereafter, on progress on the state
plan and make additional recommendations as necessary.
[2003 c 278 § 2.]
28C.18.120
Findings—2003 c 278: "The legislature finds and declares:
(1) There is a severe shortage of health care personnel in Washington
state;
(2) The shortage contributes to increased costs in health care and
threatens the ability of the health care system to provide adequate and accessible services;
(3) The current shortage of health care personnel is structural rather
than the cyclical shortages of the past, and this is due to demographic
changes that will increase demand for health care services;
(4) An increasing proportion of the population will reach retirement
age, and an increasing proportion of health care personnel will also reach
retirement age; and
(5) There should be continuing collaboration among health care workforce stakeholders to address the shortage of health care personnel." [2003 c
278 § 1.]
28C.18.130 Industry skill panels—Grants—Role. (1)
Subject to funding provided for the purposes of this section,
the board, in consultation with the state board for community
and technical colleges, the department of community, trade,
and economic development, and the employment security
department, shall allocate grants on a competitive basis to
establish and support industry skill panels.
(2) Eligible applicants for the grants allocated under this
section include, but are not limited to, workforce development councils, community and technical colleges, economic
development councils, private career schools, chambers of
commerce, trade associations, and apprenticeship councils.
(3) Entities applying for a grant under this section shall
provide an employer match of at least twenty-five percent to
be eligible. The local match may include in-kind services.
(4) It shall be the role of industry skill panels funded
under this chapter to enable businesses in the industry to
28C.18.130
(2008 Ed.)
Workforce Training and Education
address workforce skill needs. Industry skill panels shall
identify workforce strategies to meet the needs in order to
benefit employers and workers across the industry. Examples of strategies include, but are not limited to: Developing
career guidance materials; producing or updating skill standards and curricula; designing training programs and courses;
developing technical assessments and certifications; arranging employer mentoring, tutoring, and internships; identifying private sector assistance in providing faculty or equipment to training providers; and organizing industry conferences disseminating best practices. The products and
services of particular skill panels shall depend upon the needs
of the industry. [2008 c 103 § 3.]
Findings—Intent—2008 c 103: See note following RCW 28C.18.010.
28C.18.132 Electronically distributed learning—
Work group—Report. (Expires December 31, 2012.) (1)
To the extent funds are appropriated specifically for this purpose and in partnership with the state board for community
and technical colleges, the board shall convene a work group
that includes representatives from the prosperity partnership,
the technology alliance, the higher education coordinating
board, a private career or vocational school, a four-year public institution of higher education, the council of faculty representatives, the united faculty of Washington state, community and technical college faculty, and a community and technical college student, to take the following actions related to
electronically distributed learning:
(a) Identify and evaluate current national private
employer workplace-based educational programs with electronically distributed learning components provided by public colleges and universities. The evaluation shall include:
(i) A review of the literature and interviews of practitioners about promising practices and results;
(ii) An initial determination of feasibility based on targeted populations served, subject matter, and level of education;
(iii) An overview of technological considerations and
adult learning strategies for distribution of learning to
employer sites; and
(iv) An overview of cost factors, including shared costs
or coinvestments by public and private partners;
(b) Review and, to the extent necessary, establish standards and best practices regarding electronically distributed
learning and related support services including online help
desk support, advising, mentoring, counseling, and tutoring;
(c) Recommend methods to increase student access to
electronically distributed learning programs of study and
identify barriers to programs of study participation and completion;
(d) Determine methods to increase the institutional supply and quality of open course materials, with a focus on the
OpenCourseWare initiative at the Massachusetts Institute of
Technology;
(e) Recommend methods to increase the availability and
use of digital open textbooks; and
(f) Review and report demographic information on electronically distributed learning programs of study enrollments,
retention, and completions.
28C.18.132
(2008 Ed.)
28C.18.134
(2) The board shall work in cooperation with the state
board for community and technical colleges to report the preliminary results of the studies to the appropriate committees
of the legislature by December 1, 2008, and a final report by
December 1, 2009. [2008 c 258 § 2.]
Expiration date—2008 c 258 §§ 2-4: "Sections 2 through 4 of this act
expire December 31, 2012." [2008 c 258 § 5.]
Findings—Intent—2008 c 258: "The legislature finds that there are
many working adults in Washington that need additional postsecondary educational opportunities to further develop their employability. The legislature
further finds that many of these people postpone or call off their personal
educational plans because they are busy working and raising their families.
Because the largest portion of our workforce over the next thirty years is
already employed but in need of skill development, and because many lowwage, low-skilled, and mid-skilled individuals cannot take advantage of
postsecondary educational opportunities as they currently exist, the legislature intends to identify and test additional postsecondary educational opportunities tailored to make postsecondary education accessible to working
adults through the use of campuses extended to include workplace-based
educational offerings." [2008 c 258 § 1.]
28C.18.134 Employer workplace-based educational
programs with distance learning components—Pilot
project—Report. (Expires December 31, 2012.) (1) To the
extent funds are appropriated specifically for this purpose,
the board shall use a matching fund strategy to select and
evaluate up to eight pilot projects operated by Washington
institutions of higher education. By September 2008, the
board shall select up to eight institutions of higher education
as defined in RCW 28B.92.030 including at least four community or technical colleges to develop and offer a pilot
project providing employer workplace-based educational
programs with distance learning components. The board
shall convene a task force that includes representatives from
the state board for community and technical colleges and the
higher education coordinating board to select the participant
institutions. At a minimum, the criteria for selecting the educational institutions shall address:
(a) The ability to demonstrate a capacity to make a commitment of resources to build and sustain a high quality program;
(b) The ability to readily engage faculty appropriately
qualified to develop and deliver a high quality curriculum;
(c) The ability to demonstrate demand for the proposed
program from a sufficient number of interested employees
within its service area to make the program cost-effective and
feasible to operate; and
(d) The identification of employers that demonstrate a
commitment to host an on-site program. Employers shall
demonstrate their commitment to provide:
(i) Access to educational coursework and educational
advice and support for entry-level and semiskilled workers,
including paid and unpaid release time, and adequate classroom space that is equipped appropriately for the selected
technological distance learning methodologies to be used;
(ii) On-site promotion and encouragement of worker
participation, including employee orientations, peer support
and mentoring, educational tutoring, and career planning;
(iii) Allowance of a reasonable level of worker choice in
the type and level of coursework available;
(iv) Commitment to work with college partner to ensure
the relevance of coursework to the skill demands and poten28C.18.134
[Title 28C RCW—page 17]
28C.18.136
Title 28C RCW: Vocational Education
tial career pathways of the employer host site and other participating employers;
(v) Willingness to participate in an evaluation of the pilot
to analyze the net benefit to the employer host site, other
employer partners, the worker-students, and the colleges; and
(vi) In firms with union representation, the mandatory
establishment of a labor-management committee to oversee
design and participation.
(2) Institutions of higher education may submit an application to become a pilot college under this section. An institution of higher education selected as a pilot college shall
develop the curriculum for and design and deliver courses.
However, the programs developed under this section are subject to approval by the state board for technical and community colleges under RCW 28B.50.090 and by the higher education coordinating board under RCW 28B.76.230.
(3) The board shall evaluate the pilot project and report
the outcomes to students and employers by December 1,
2012. [2008 c 258 § 3.]
Expiration date—2008 c 258 §§ 2-4: See note following RCW
28C.18.132.
Findings—Intent—2008 c 258: See note following RCW 28C.18.132.
28C.18.136 Receipt of federal and private funds.
(Expires December 31, 2012.) The board may receive and
expend federal funds and private gifts or grants, which funds
must be expended in accordance with any conditions upon
which the funds are contingent. [2008 c 258 § 4.]
28C.18.136
Expiration date—2008 c 258 §§ 2-4: See note following RCW
28C.18.132.
Findings—Intent—2008 c 258: See note following RCW 28C.18.132.
28C.18.140 Industry skill panels—Standards—
Report. The board shall establish industry skill panel standards that identify the expectations for industry skill panel
products and services. The board shall establish the standards in consultation with labor, the state board for community and technical colleges, the employment security department, the institute of workforce development and economic
sustainability, and the department of community, trade, and
economic development. Continued funding of particular
industry skill panels shall be based on meeting the standards
established by the board under this section. Beginning
December 1, 2008, the board shall report annually to the governor and the economic development and higher education
committees of the legislature on the results of the industry
skill panels funded under this chapter in meeting the standards. [2008 c 103 § 4.]
28C.18.140
Findings—Intent—2008 c 103: See note following RCW 28C.18.010.
28C.18.900 Effective dates—Severability—1991 c
See RCW 28B.50.917 and 28B.50.918.
28C.18.900
238.
[Title 28C RCW—page 18]
(2008 Ed.)
Title 29A
ELECTIONS
Title 29A
Chapters
29A.04
29A.08
29A.12
29A.16
General provisions.
Voters and registration.
Voting systems.
Precinct and polling place determination and
accessibility.
29A.20 Qualifications, terms, and requirements for
elective offices.
29A.24 Filing for office.
29A.28 Vacancies.
29A.32 Voters’ pamphlets.
29A.36 Ballots and other voting forms.
29A.40 Absentee voting.
29A.44 Polling place elections and poll workers.
29A.46 Disability access voting.
29A.48
Voting by mail.
29A.52 Primaries and elections.
29A.53 Instant runoff voting pilot project.
29A.56 Special circumstances elections.
29A.60 Canvassing.
29A.64 Recounts.
29A.68 Contesting an election.
29A.72 State initiative and referendum.
29A.76 Redistricting.
29A.76A Congressional districts and apportionment.
29A.80
Political parties.
29A.84 Crimes and penalties.
29A.88 Nuclear waste site—Election for disapproval.
29A.04.169
29A.04.175
Short term.
Special election.
GENERAL PROVISIONS
29A.04.205
29A.04.206
29A.04.210
29A.04.216
29A.04.220
29A.04.225
29A.04.230
29A.04.235
29A.04.236
29A.04.240
29A.04.245
29A.04.250
29A.04.255
State policy.
Voters’ rights.
Registration required—Exception.
County auditor—Duties—Exceptions.
County auditor—Public notice of availability of services.
Public disclosure reports.
Secretary of state as chief election officer.
Election laws for county auditors.
Manual of election laws and rules.
Information in foreign languages.
Voter guide.
Toll-free media and web page.
Electronic facsimile documents—Acceptance.
TIMES FOR HOLDING ELECTIONS
29A.04.310
29A.04.311
29A.04.321
29A.04.330
Primaries.
Primaries.
State and local general elections—Statewide general election—Exceptions—Special county elections.
City, town, and district general and special elections—
Exceptions.
ELECTION COSTS
29A.04.410
29A.04.420
29A.04.430
29A.04.440
29A.04.450
29A.04.460
29A.04.470
Costs borne by constituencies.
State share.
Interest on reimbursement.
Election account.
Local government grant program.
Grant program—Administration.
Grant program—Advisory committee.
ADMINISTRATION
Chapter 29A.04
Chapter 29A.04 RCW
GENERAL PROVISIONS
Sections
DEFINITIONS
29A.04.001
29A.04.008
29A.04.013
29A.04.019
29A.04.025
29A.04.031
29A.04.037
29A.04.043
29A.04.049
29A.04.055
29A.04.061
29A.04.067
29A.04.073
29A.04.079
29A.04.086
29A.04.091
29A.04.097
29A.04.103
29A.04.109
29A.04.110
29A.04.115
29A.04.121
29A.04.127
29A.04.128
29A.04.133
29A.04.139
29A.04.145
29A.04.151
29A.04.163
(2008 Ed.)
Scope of definitions.
Ballot and related terms.
Canvassing.
Counting center.
County auditor.
Date of mailing.
Disabled voter.
Election.
Election board.
Election officer.
Elector.
Filing officer.
General election.
Infamous crime.
Major political party.
Measures.
Minor political party.
Out-of-state voter.
Overseas voter.
Partisan office.
Poll-site ballot counting devices.
Precinct.
Primary.
Primary.
Qualified.
Recount.
Registered voter.
Residence.
Service voter.
29A.04.510
29A.04.520
29A.04.525
29A.04.530
29A.04.540
29A.04.550
29A.04.560
29A.04.570
29A.04.575
29A.04.580
29A.04.590
Election administration and certification board—Generally.
Appeals.
Complaint procedures.
Duties of secretary of state.
Training of administrators.
Denial of certification—Review and appeal.
Election review section.
Review of county election procedures.
Visits to elections offices, facilities.
County auditor and review staff.
Election assistance and clearinghouse program.
29A.04.611
29A.04.620
29A.04.630
Rules by secretary of state.
Rules.
Joint powers and duties with board.
29A.04.900
29A.04.901
29A.04.902
29A.04.903
29A.04.904
29A.04.905
Continuation of existing law.
Headings and captions not part of law.
Invalidity of part not to affect remainder.
Effective date—2003 c 111.
Severability—2004 c 271.
Effective date—2004 c 271.
RULE-MAKING AUTHORITY
CONSTRUCTION
DEFINITIONS
29A.04.001 Scope of definitions. Words and phrases as
defined in this chapter, wherever used in Title 29A RCW,
shall have the meaning as in this chapter ascribed to them,
unless where used the context thereof shall clearly indicate to
the contrary or unless otherwise defined in the chapter of
29A.04.001
[Title 29A RCW—page 1]
29A.04.008
Title 29A RCW: Elections
which they are a part. [2003 c 111 § 101. Prior: 1965 c 9 §
29.01.005. For like prior law see 1907 c 209 § 1, part; RRS §
5177, part. Formerly RCW 29.01.005.]
29A.04.008 Ballot and related terms. As used in this
title:
(1) "Ballot" means, as the context implies, either:
(a) The issues and offices to be voted upon in a jurisdiction or portion of a jurisdiction at a particular primary, general election, or special election;
(b) A facsimile of the contents of a particular ballot
whether printed on a paper ballot or ballot card or as part of a
voting machine or voting device;
(c) A physical or electronic record of the choices of an
individual voter in a particular primary, general election, or
special election; or
(d) The physical document on which the voter’s choices
are to be recorded;
(2) "Paper ballot" means a piece of paper on which the
ballot for a particular election or primary has been printed, on
which a voter may record his or her choices for any candidate
or for or against any measure, and that is to be tabulated manually;
(3) "Ballot card" means any type of card or piece of
paper of any size on which a voter may record his or her
choices for any candidate and for or against any measure and
that is to be tabulated on a vote tallying system;
(4) "Sample ballot" means a printed facsimile of all the
issues and offices on the ballot in a jurisdiction and is
intended to give voters notice of the issues, offices, and candidates that are to be voted on at a particular primary, general
election, or special election;
(5) "Provisional ballot" means a ballot issued at the polling place on election day by the precinct election board to a
voter who would otherwise be denied an opportunity to vote
a regular ballot, for any reason authorized by the Help America Vote Act, including but not limited to the following:
(a) The voter’s name does not appear in the poll book;
(b) There is an indication in the poll book that the voter
has requested an absentee ballot, but the voter wishes to vote
at the polling place;
(c) There is a question on the part of the voter concerning
the issues or candidates on which the voter is qualified to
vote;
(d) Any other reason allowed by law;
(6) "Party ballot" means a primary election ballot specific to a particular major political party that lists all candidates for partisan office who affiliate with that same major
political party, as well as the nonpartisan races and ballot
measures to be voted on at that primary;
(7) "Nonpartisan ballot" means a primary election ballot
that lists all nonpartisan races and ballot measures to be voted
on at that primary. [2007 c 38 § 1; 2005 c 243 § 1; 2004 c 271
§ 102.]
29A.04.008
29A.04.013 Canvassing. "Canvassing" means the process of examining ballots or groups of ballots, subtotals, and
cumulative totals in order to determine the official returns of
a primary or general election and includes the tabulation of
any votes that were not tabulated at the precinct or in a count-
ing center on the day of the primary or election. [2003 c 111
§ 103; 1990 c 59 § 3. Formerly RCW 29.01.008.]
Intent—1990 c 59: "By this act the legislature intends to unify and simplify the laws and procedures governing filing for elective office, ballot layout, ballot format, voting equipment, and canvassing." [1990 c 59 § 1.]
Effective date—1990 c 59: "Sections 1 through 6, 8 through 96, and 98
through 112 of this act shall take effect July 1, 1992." [1990 c 59 § 113.]
29A.04.019 Counting center. "Counting center"
means the facility or facilities designated by the county auditor to count and canvass mail ballots, absentee ballots, and
polling place ballots that are transferred to a central site to be
counted, rather than being counted by a poll-site ballot counting device, on the day of a primary or election. [2003 c 111
§ 104. Prior: 1999 c 158 § 1; 1990 c 59 § 4. Formerly RCW
29.01.042.]
29A.04.019
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.04.025 County auditor. "County auditor" means
the county auditor in a noncharter county or the officer, irrespective of title, having the overall responsibility to maintain
voter registration and to conduct state and local elections in a
charter county. [2003 c 111 § 105; 1984 c 106 § 1. Formerly
RCW 29.01.043.]
29A.04.025
29A.04.031 Date of mailing. For registered voters voting by absentee or mail ballot, "date of mailing" means the
date of the postal cancellation on the envelope in which the
ballot is returned to the election official by whom it was
issued. For all nonregistered absentee voters, "date of mailing" means the date stated by the voter on the envelope in
which the ballot is returned to the election official by whom
it was issued. [2003 c 111 § 106; 1987 c 346 § 3. Formerly
RCW 29.01.045.]
29A.04.031
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.04.037 Disabled voter. "Disabled voter" means
any registered voter who qualifies for special parking privileges under RCW 46.16.381, or who is defined as blind under
RCW 74.18.020, or who qualifies to require assistance with
voting under RCW 29A.44.240. [2003 c 111 § 107. Prior:
1987 c 346 § 4. Formerly RCW 29.01.047.]
29A.04.037
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.04.043 Election. "Election" when used alone
means a general election except where the context indicates
that a special election is included. "Election" when used
without qualification does not include a primary. [2003 c 111
§ 108. Prior: 1990 c 59 § 5; 1965 c 9 § 29.01.050; prior:
1907 c 209 § 1, part; RRS § 5177(c). See also 1950 ex.s. c 14
§ 3. Formerly RCW 29.01.050.]
29A.04.043
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.04.013
[Title 29A RCW—page 2]
29A.04.049 Election board. "Election board" means a
group of election officers serving one precinct or a group of
precincts in a polling place. [2003 c 111 § 109; 1986 c 167 §
1. Formerly RCW 29.01.055.]
29A.04.049
(2008 Ed.)
General Provisions
Severability—1986 c 167: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1986 c 167 § 26.]
29A.04.121
29A.04.091 Measures. "Measure" includes any proposition or question submitted to the voters. [2003 c 111 § 117;
1965 c 9 § 29.01.110. Formerly RCW 29.01.110.]
29A.04.091
29A.04.097 Minor political party. "Minor political
party" means a political organization other than a major political party. [2003 c 111 § 116. Prior: 1965 c 9 § 29.01.100;
prior: 1955 c 102 § 8; prior: 1907 c 209 § 26, part; RRS §
5203, part. Formerly RCW 29.01.100.]
29A.04.097
29A.04.055 Election officer. "Election officer"
includes any officer who has a duty to perform relating to
elections under the provisions of any statute, charter, or ordinance. [2003 c 111 § 110. Prior: 1965 c 9 § 29.01.060. Formerly RCW 29.01.060.]
29A.04.055
29A.04.061 Elector. "Elector" means any person who
possesses all of the qualifications to vote under Article VI of
the state Constitution. [2003 c 111 § 111. Prior: 1987 c 346
§ 2. Formerly RCW 29.01.065.]
29A.04.061
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.04.067 Filing officer. "Filing officer" means the
county or state officer with whom declarations of candidacy
for an office are required to be filed under this title. [2003 c
111 § 112. Prior: 1990 c 59 § 77. Formerly RCW
29.01.068.]
29A.04.067
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.04.073 General election. "General election"
means an election required to be held on a fixed date recurring at regular intervals. [2003 c 111 § 113. Prior: 1965 c 9
§ 29.01.070. Formerly RCW 29.01.070.]
29A.04.073
29A.04.079 Infamous crime. An "infamous crime" is a
crime punishable by death in the state penitentiary or imprisonment in a state correctional facility. [2003 c 111 § 114.
Prior: 1992 c 7 § 31; 1965 c 9 § 29.01.080; prior: Code 1881
§ 3054; 1865 p 25 § 5; RRS § 5113. Formerly RCW
29.01.080.]
29A.04.079
Contests, conviction of felony without reversal or restoration of civil rights
as grounds for: RCW 29A.68.020.
Denial of civil rights for conviction of infamous crime: State Constitution
Art. 6 § 3.
29A.04.086 Major political party. "Major political
party" means a political party of which at least one nominee
for president, vice president, United States senator, or a statewide office received at least five percent of the total vote cast
at the last preceding state general election in an even-numbered year. A political party qualifying as a major political
party under this section retains such status until the next
even-year election at which a candidate of that party does not
achieve at least five percent of the vote for one of the previously specified offices. If none of these offices appear on the
ballot in an even-year general election, the major party
retains its status as a major party through that election. However, a political party of which no nominee received at least
ten percent of the total vote cast may forgo its status as a
major political party by filing with the secretary of state an
appropriate party rule within sixty days of attaining major
party status under this section, or within fifteen days of June
10, 2004, whichever is later. [2004 c 271 § 103.]
29A.04.086
(2008 Ed.)
Minor party convention: RCW 29A.20.111 through 29A.20.201.
Political parties: Chapter 29A.80 RCW.
29A.04.103 Out-of-state voter. "Out-of-state voter"
means any elector of the state of Washington outside the state
but not outside the territorial limits of the United States or the
District of Columbia. [2003 c 111 § 118. Prior: 1987 c 346
§ 5. Formerly RCW 29.01.113.]
29A.04.103
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.04.109 Overseas voter. "Overseas voter" means
any elector of the state of Washington outside the territorial
limits of the United States or the District of Columbia. [2003
c 111 § 119. Prior: 1987 c 346 § 6. Formerly RCW
29.01.117.]
29A.04.109
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.04.110 Partisan office. "Partisan office" means a
public office for which a candidate may indicate a political
party preference on his or her declaration of candidacy and
have that preference appear on the primary and general election ballot in conjunction with his or her name. The following are partisan offices:
(1) United States senator and United States representative;
(2) All state offices, including legislative, except (a)
judicial offices and (b) the office of superintendent of public
instruction;
(3) All county offices except (a) judicial offices and (b)
those offices for which a county home rule charter provides
otherwise. [2005 c 2 § 4 (Initiative Measure No. 872,
approved November 2, 2004).]
29A.04.110
Reviser’s note: The constitutionality of Initiative Measure No. 872 was
upheld in Washington State Grange v. Washington State Republican Party,
et al., 552 U.S. . . . (2008).
Short title—Intent—Contingent effective date—2005 c 2 (Initiative
Measure No. 872): See notes following RCW 29A.52.112.
29A.04.115 Poll-site ballot counting devices. "Pollsite ballot counting device" means a device programmed to
accept voted ballots at a polling place for the purpose of tallying and storing the ballots on election day. [2003 c 111 §
120. Prior: 1999 c 158 § 2. Formerly RCW 29.01.119.]
29A.04.115
29A.04.121 Precinct. "Precinct" means a geographical
subdivision for voting purposes that is established by a
county legislative authority. [2003 c 111 § 121; 1965 c 9 §
29.01.120. Prior: 1933 c 1 § 2; RRS § 5114-2; prior: 1915 c
16 § 1; RRS § 5114. Formerly RCW 29.01.120.]
29A.04.121
[Title 29A RCW—page 3]
29A.04.127
Title 29A RCW: Elections
29A.04.127
29A.04.127 Primary. "Primary" or "primary election" means a procedure for winnowing candidates for public office to a final list of two as part
of a special or general election. Each voter has the right to cast a vote for any
candidate for each office without any limitation based on party preference or
affiliation, of either the voter or the candidate. [2005 c 2 § 5 (Initiative Measure No. 872, approved November 2, 2004); 2003 c 111 § 122. Prior: 1965
c 9 § 29.01.130; prior: 1907 c 209 § 1, part; RRS § 5177(a). See also 1950
ex.s. c 14 § 2. Formerly RCW 29.01.130.]
Reviser’s note: (1) RCW 29A.04.127 was amended by 2005 c 2 § 5
(Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271
§ 193. For rule of construction, see RCW 1.12.025.
(2) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
Short title—Intent—Contingent effective date—2005 c 2 (Initiative
Measure No. 872): See notes following RCW 29A.52.112.
Nonpartisan primaries: RCW 29A.52.210 through 29A.52.240.
Partisan primaries: RCW 29A.52.111 through 29A.52.130.
Presidential primary: RCW 29A.56.010 through 29A.56.060.
Times for holding primaries: RCW 29A.04.311.
29A.04.127
29A.04.127 Primary. [2003 c 111 § 122. Prior: 1965 c 9 §
29.01.130; prior: 1907 c 209 § 1, part; RRS § 5177(a). See also 1950 ex.s.
c 14 § 2. Formerly RCW 29.01.130.] Repealed by 2004 c 271 § 193.
Reviser’s note: (1) RCW 29A.04.127 was amended by 2005 c 2 § 5
(Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271
§ 193. For rule of construction, see RCW 1.12.025.
(2) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
29A.04.128 Primary. "Primary" or "primary election"
means a statutory procedure for nominating candidates to
public office at the polls. [2004 c 271 § 152.]
29A.04.128
29A.04.133 Qualified. "Qualified" when pertaining to
a winner of an election means that for such election:
(1) The results have been certified;
(2) Any required bond has been posted; and
(3) The winner has taken and subscribed an oath or affirmation in compliance with the appropriate statute, or if none
is specified, that he or she will faithfully and impartially discharge the duties of the office to the best of his or her ability.
This oath or affirmation shall be administered and certified
by any officer or notary public authorized to administer
oaths, without charge therefor. [2007 c 374 § 1; 2003 c 111
§ 123. Prior: 1979 ex.s. c 126 § 2. Formerly RCW
29.01.135.]
29A.04.133
Purpose—1979 ex.s. c 126: RCW 29A.20.040(1).
29A.04.151 Residence. "Residence" for the purpose of
registering and voting means a person’s permanent address
where he or she physically resides and maintains his or her
abode. However, no person gains residence by reason of his
or her presence or loses his or her residence by reason of his
or her absence:
(1) While employed in the civil or military service of the
state or of the United States;
(2) While engaged in the navigation of the waters of this
state or the United States or the high seas;
(3) While a student at any institution of learning;
(4) While confined in any public prison.
Absence from the state on business shall not affect the
question of residence of any person unless the right to vote
has been claimed or exercised elsewhere. [2003 c 111 § 126;
1971 ex.s. c 178 § 1; 1965 c 9 § 29.01.140. Prior: 1955 c 181
§ 1; prior: (i) Code 1881 § 3051; 1865 p 25 § 2; RRS § 5110.
(ii) Code 1881 § 3053; 1866 p 8 § 11; 1865 p 25 § 4; RRS §
5111. Formerly RCW 29.01.140.]
29A.04.151
Residence, contingencies affecting: State Constitution Art. 6 § 4.
29A.04.163 Service voter. "Service voter" means any
elector of the state of Washington who is a member of the
armed forces under 42 U.S.C. Sec. 1973 ff-6 while in active
service, is a student or member of the faculty at a United
States military academy, is a member of the merchant marine
of the United States, is a program participant as defined in
RCW 40.24.020, or is a member of a religious group or welfare agency officially attached to and serving with the armed
forces of the United States. [2003 c 111 § 127. Prior: 1991
c 23 § 13; 1987 c 346 § 8. Formerly RCW 29.01.155.]
29A.04.163
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.04.169 Short term. "Short term" means the brief
period of time starting upon the completion of the certification of election returns and ending with the start of the full
term and is applicable only when the office concerned is
being held by an appointee to fill a vacancy. The vacancy
must have occurred after the last election at which such office
could have been voted upon for an unexpired term. Short
term elections are always held in conjunction with elections
for the full term for the office. [2003 c 111 § 130; 1975-’76
2nd ex.s. c 120 § 14. Formerly RCW 29.01.180.]
29A.04.169
Severability—1975-’76 2nd ex.s. c 120: See note following RCW
29A.52.210.
29A.04.175 Special election. "Special election" means
any election that is not a general election and may be held in
conjunction with a general election or primary. [2003 c 111
§ 129; 1965 c 9 § 29.01.170. Prior: Code 1881 § 3056; 1865
p 27 § 2; RRS § 5155. Formerly RCW 29.01.170.]
29A.04.175
29A.04.139 Recount. "Recount" means the process of
retabulating ballots and producing amended election returns
based on that retabulation, even if the vote totals have not
changed. [2003 c 111 § 124. Prior: 2001 c 225 § 1. Formerly RCW 29.01.136.]
29A.04.139
GENERAL PROVISIONS
29A.04.145 Registered voter. "Registered voter"
means any elector who has completed the statutory registration procedures established by this title. The terms "registered voter" and "qualified elector" are synonymous. [2003 c
111 § 125; 1987 c 346 § 7. Formerly RCW 29.01.137.]
29A.04.145
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
[Title 29A RCW—page 4]
29A.04.205 State policy. It is the policy of the state of
Washington to encourage every eligible person to register to
vote and to participate fully in all elections, and to protect the
integrity of the electoral process by providing equal access to
the process while guarding against discrimination and fraud.
The election registration laws and the voting laws of the state
29A.04.205
(2008 Ed.)
General Provisions
of Washington must be administered without discrimination
based upon race, creed, color, national origin, sex, or political
affiliation. [2003 c 111 § 132; 2001 c 41 § 1. Formerly RCW
29.04.001.]
29A.04.206 Voters’ rights. The rights of Washington
voters are protected by its constitution and laws and include
the following fundamental rights:
(1) The right of qualified voters to vote at all elections;
(2) The right of absolute secrecy of the vote. No voter
may be required to disclose political faith or adherence in
order to vote;
(3) The right to cast a vote for any candidate for each
office without any limitation based on party preference or
affiliation, of either the voter or the candidate. [2005 c 2 § 3
(Initiative Measure No. 872, approved November 2, 2004).]
29A.04.206
Reviser’s note: The constitutionality of Initiative Measure No. 872 was
upheld in Washington State Grange v. Washington State Republican Party,
et al., 552 U.S. . . . (2008).
Short title—Intent—Contingent effective date—2005 c 2 (Initiative
Measure No. 872): See notes following RCW 29A.52.112.
29A.04.210 Registration required—Exception. Only
a registered voter shall be permitted to vote:
(1) At any election held for the purpose of electing persons to public office;
(2) At any recall election of a public officer;
(3) At any election held for the submission of a measure
to any voting constituency;
(4) At any primary election.
This section does not apply to elections where being registered to vote is not a prerequisite to voting. [2003 c 111 §
133; 1965 c 9 § 29.04.010. Prior: 1955 c 181 § 8; prior: (i)
1933 c 1 § 22, part; RRS § 5114-22, part. (ii) 1933 c 1 § 23;
RRS § 5114-23. See also 1935 c 26 § 3; RRS § 5189. Formerly RCW 29.04.010.]
29A.04.210
Out-of-state, overseas, service voters, same ballots as registered voters:
RCW 29A.40.010.
Subversive activities, disqualification from voting: RCW 9.81.040.
29A.04.216 County auditor—Duties—Exceptions.
The county auditor of each county shall be ex officio the
supervisor of all primaries and elections, general or special,
and it shall be the county auditor’s duty to provide places for
holding such primaries and elections; to appoint the precinct
election officers and to provide for their compensation; to
provide the supplies and materials necessary for the conduct
of elections to the precinct election officers; and to publish
and post notices of calling such primaries and elections in the
manner provided by law. The notice of a primary held in an
even-numbered year must indicate that the office of precinct
committee officer will be on the ballot. The auditor shall also
apportion to each city, town, or district, and to the state of
Washington in the odd-numbered year, its share of the
expense of such primaries and elections. This section does
not apply to general or special elections for any city, town, or
district that is not subject to RCW 29A.04.321 and
29A.04.330, but all such elections must be held and conducted at the time, in the manner, and by the officials (with
such notice, requirements for filing for office, and certifica29A.04.216
(2008 Ed.)
29A.04.236
tions by local officers) as provided and required by the laws
governing such elections. [2004 c 271 § 104.]
29A.04.220 County auditor—Public notice of availability of services. The county auditor shall provide public
notice of the availability of registration and voting aids, assistance to elderly and disabled persons, and procedures for voting by absentee ballot calculated to reach elderly and disabled persons not later than public notice of the closing of
registration for a primary or election. [2003 c 111 § 135;
1999 c 298 § 18; 1985 c 205 § 10. Formerly RCW
29.57.140.]
29A.04.220
Effective dates—1985 c 205: See note following RCW 29A.16.140.
29A.04.225 Public disclosure reports. Each county
auditor or county elections official shall ensure that reports
filed pursuant to chapter 42.56 RCW are arranged, handled,
indexed, and disclosed in a manner consistent with the rules
of the public disclosure commission adopted under RCW
42.17.375. [2005 c 274 § 248; 2003 c 111 § 136. Prior: 1983
c 294 § 2. Formerly RCW 29.04.025.]
29A.04.225
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
29A.04.230 Secretary of state as chief election officer.
The secretary of state through the election division shall be
the chief election officer for all federal, state, county, city,
town, and district elections that are subject to this title. The
secretary of state shall keep records of elections held for
which he or she is required by law to canvass the results,
make such records available to the public upon request, and
coordinate those state election activities required by federal
law. [2003 c 111 § 137; 1994 c 57 § 4; 1965 c 9 § 29.04.070.
Prior: 1963 c 200 § 23; 1949 c 161 § 12; Rem. Supp. 1949 §
5147-2. Formerly RCW 29.04.070.]
29A.04.230
Severability—1994 c 57: See note following RCW 10.64.021.
29A.04.235 Election laws for county auditors. The
secretary of state shall ensure that each county auditor is provided with the most recent version of the election laws of the
state, as contained in this title. Where amendments have been
enacted after the last compilation of the election laws, he or
she shall ensure that each county auditor receives a copy of
those amendments before the next primary or election. The
county auditor shall ensure that any statutory information
necessary for the precinct election officers to perform their
duties is supplied to them in a timely manner. [2003 c 111 §
138; 1965 c 9 § 29.04.060. Prior: (i) 1907 c 209 § 16; RRS
§ 5193. (ii) 1889 p 413 § 34; RRS § 5299. Formerly RCW
29.04.060.]
29A.04.235
29A.04.236 Manual of election laws and rules. The
secretary of state shall prepare a manual that explains all election laws and rules in easy-to-understand, plain language for
use during the vote counting, recounting, tabulation, and canvassing process. The secretary of state shall print and distribute sufficient copies of the manual so that it is available for
use in all vote-counting centers throughout the state. The
secretary of state may also make the manual available in electronic form. [2005 c 244 § 1.]
29A.04.236
[Title 29A RCW—page 5]
29A.04.240
Title 29A RCW: Elections
TIMES FOR HOLDING ELECTIONS
29A.04.240
29A.04.240 Information in foreign languages. In
order to encourage the broadest possible voting participation
by all eligible citizens, the secretary of state shall produce
voter registration information in the foreign languages
required of state agencies. [2003 c 111 § 139; 2001 c 41 § 3.
Formerly RCW 29.04.085.]
29A.04.245
29A.04.245 Voter guide. The secretary of state shall
cause to be produced a "voter guide" detailing what constitutes voter fraud and discrimination under state election laws.
This voter guide must be provided to every county election
officer and auditor, and any other person upon request. [2003
c 111 § 140; 2001 c 41 § 4. Formerly RCW 29.04.088.]
29A.04.250
29A.04.250 Toll-free media and web page. The secretary of state shall provide a toll-free media and web page
designed to allow voter communication with the office of the
secretary of state. [2003 c 111 § 141. Prior: 2001 c 41 § 5.
Formerly RCW 29.04.091.]
29A.04.255
29A.04.255 Electronic facsimile documents—Acceptance. The secretary of state or a county auditor shall accept
and file in his or her office electronic facsimile transmissions
of the following documents:
(1) Declarations of candidacy;
(2) County canvass reports;
(3) Voters’ pamphlet statements;
(4) Arguments for and against ballot measures that will
appear in a voters’ pamphlet;
(5) Requests for recounts;
(6) Certification of candidates and measures by the secretary of state;
(7) Direction by the secretary of state for the conduct of
a mandatory recount;
(8) Requests for absentee ballots;
(9) Any other election related document authorized by
rule adopted by the secretary of state under *RCW
29A.04.610.
The acceptance by the secretary of state or the county
auditor is conditional upon the document being filed in a
timely manner, being legible, and otherwise satisfying the
requirements of state law or rules with respect to form and
content.
If the original copy of a document must be signed and a
copy of the document is filed by facsimile transmission under
this section, the original copy must be subsequently filed with
the official with whom the facsimile was filed. The original
copy must be filed by a deadline established by the secretary
by rule. The secretary may by rule require that the original of
any document, a copy of which is filed by facsimile transmission under this section, also be filed by a deadline established
by the secretary by rule. [2004 c 266 § 5; 2003 c 111 § 142;
1991 c 186 § 1. Formerly RCW 29.04.230.]
*Reviser’s note: RCW 29A.04.610 was amended by 2004 c 267 § 702
and repealed by 2004 c 271 § 193. RCW 29A.04.610 was subsequently
repealed by 2006 c 206 § 9. Also cf. RCW 29A.04.611.
Effective date—2004 c 266: See note following RCW 29A.04.575.
[Title 29A RCW—page 6]
29A.04.310
29A.04.310 Primaries. Primaries for general elections to be held in
November must be held on:
(1) The third Tuesday of the preceding September; or
(2) The seventh Tuesday immediately preceding that general election,
whichever occurs first. [2005 c 2 § 8 (Initiative Measure No. 872, approved
November 2, 2004); 2003 c 111 § 143; 1977 ex.s. c 361 § 29; 1965 ex.s. c
103 § 6; 1965 c 9 § 29.13.070. Prior: 1963 c 200 § 25; 1907 c 209 § 3; RRS
§ 5179. Formerly RCW 29.13.070.]
Reviser’s note: (1) RCW 29A.04.310 was amended by 2005 c 2 § 8
(Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271
§ 193. For rule of construction, see RCW 1.12.025.
(2) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
Short title—Intent—Contingent effective date—2005 c 2 (Initiative
Measure No. 872): See notes following RCW 29A.52.112.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
29A.04.310
29A.04.310 Primaries. [2003 c 111 § 143; 1977 ex.s. c 361 § 29;
1965 ex.s. c 103 § 6; 1965 c 9 § 29.13.070. Prior: 1963 c 200 § 25; 1907 c
209 § 3; RRS § 5179. Formerly RCW 29.13.070.] Repealed by 2004 c 271
§ 193.
Reviser’s note: (1) RCW 29A.04.310 was amended by 2005 c 2 § 8
(Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271
§ 193. For rule of construction, see RCW 1.12.025.
(2) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
29A.04.311 Primaries. Nominating primaries for general elections to be held in November, and the election of precinct committee officers, must be held on the third Tuesday
of the preceding August. [2006 c 344 § 1; 2004 c 271 § 105.]
29A.04.311
Effective date—2006 c 344 §§ 1-16 and 18-40: "Sections 1 through 16
and 18 through 40 of this act take effect January 1, 2007." [2006 c 344 § 41.]
29A.04.321 State and local general elections—Statewide general election—Exceptions—Special county elections. (1) All state, county, city, town, and district general
elections for the election of federal, state, legislative, judicial,
county, city, town, and district officers, and for the submission to the voters of the state, county, city, town, or district of
any measure for their adoption and approval or rejection,
shall be held on the first Tuesday after the first Monday of
November, in the year in which they may be called. A statewide general election shall be held on the first Tuesday after
the first Monday of November of each year. However, the
statewide general election held in odd-numbered years shall
be limited to (a) city, town, and district general elections as
provided for in RCW 29A.04.330, or as otherwise provided
by law; (b) the election of federal officers for the remainder
of any unexpired terms in the membership of either branch of
the Congress of the United States; (c) the election of state and
county officers for the remainder of any unexpired terms of
offices created by or whose duties are described in Article II,
section 15, Article III, sections 16, 17, 19, 20, 21, 22, and 23,
and Article IV, sections 3 and 5 of the state Constitution and
RCW 2.06.080; (d) the election of county officers in any
county governed by a charter containing provisions calling
for general county elections at this time; and (e) the approval
or rejection of state measures, including proposed constitutional amendments, matters pertaining to any proposed con29A.04.321
(2008 Ed.)
General Provisions
stitutional convention, initiative measures and referendum
measures proposed by the electorate, referendum bills, and
any other matter provided by the legislature for submission to
the electorate.
(2) A county legislative authority may call a special
county election by presenting a resolution to the county auditor prior to the proposed election date. Except as provided in
*subsection (4) of this section, a special election called by the
county legislative authority shall be held on one of the following dates as decided by such governing body:
(a) The first Tuesday after the first Monday in February;
(b) The second Tuesday in March;
(c) The fourth Tuesday in April;
(d) The third Tuesday in May;
(e) The day of the primary as specified by RCW
29A.04.311; or
(f) The first Tuesday after the first Monday in November.
(3) A resolution calling for a special election on a date
set forth in subsection (2)(a) through (d) of this section must
be presented to the county auditor at least fifty-two days prior
to the election date. A resolution calling for a special election
on a date set forth in subsection (2)(e) or (f) of this section
must be presented to the county auditor at least eighty-four
days prior to the election date.
(4) In addition to the dates set forth in subsection (2)(a)
through (f) of this section, a special election to validate an
excess levy or bond issue may be called at any time to meet
the needs resulting from fire, flood, earthquake, or other act
of God. Such county special election shall be noticed and
conducted in the manner provided by law.
(5) In a presidential election year, if a presidential preference primary is conducted in February, March, April, or
May under chapter 29A.56 RCW, the date on which a special
election may be called by the county legislative authority
under subsection (2) of this section during the month of that
primary is the date of the presidential primary.
(6) This section shall supersede the provisions of any and
all other statutes, whether general or special in nature, having
different dates for such city, town, and district elections, the
purpose of this section being to establish mandatory dates for
holding elections except for those elections held pursuant to a
home-rule charter adopted under Article XI, section 4 of the
state Constitution. This section shall not be construed as fixing the time for holding primary elections, or elections for the
recall of any elective public officer. [2006 c 344 § 2; 2004 c
271 § 106.]
*Reviser’s note: This section was amended by 2006 c 344 § 2, changing subsection (4) to subsection (5).
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
29A.04.330 City, town, and district general and special elections—Exceptions. (1) All city, town, and district
general elections shall be held throughout the state of Washington on the first Tuesday following the first Monday in
November in the odd-numbered years.
This section shall not apply to:
(a) Elections for the recall of any elective public officer;
(b) Public utility districts, conservation districts, or district elections at which the ownership of property within
29A.04.330
(2008 Ed.)
29A.04.330
those districts is a prerequisite to voting, all of which elections shall be held at the times prescribed in the laws specifically applicable thereto;
(c) Consolidation proposals as provided for in RCW
28A.315.235 and nonhigh capital fund aid proposals as provided for in chapter 28A.540 RCW.
(2) The county auditor, as ex officio supervisor of elections, upon request in the form of a resolution of the governing body of a city, town, or district, presented to the auditor
prior to the proposed election date, may call a special election
in such city, town, or district, and for the purpose of such special election he or she may combine, unite, or divide precincts. Except as provided in *subsection (3) of this section,
such a special election shall be held on one of the following
dates as decided by the governing body:
(a) The first Tuesday after the first Monday in February;
(b) The second Tuesday in March;
(c) The fourth Tuesday in April;
(d) The third Tuesday in May;
(e) The day of the primary election as specified by RCW
29A.04.311; or
(f) The first Tuesday after the first Monday in November.
(3) A resolution calling for a special election on a date
set forth in subsection (2)(a) through (d) of this section must
be presented to the county auditor at least fifty-two days prior
to the election date. A resolution calling for a special election
on a date set forth in subsection (2)(e) or (f) of this section
must be presented to the county auditor at least eighty-four
days prior to the election date.
(4) In a presidential election year, if a presidential preference primary is conducted in February, March, April, or
May under chapter 29A.56 RCW, the date on which a special
election may be called under subsection (2) of this section
during the month of that primary is the date of the presidential primary.
(5) In addition to subsection (2)(a) through (f) of this
section, a special election to validate an excess levy or bond
issue may be called at any time to meet the needs resulting
from fire, flood, earthquake, or other act of God, except that
no special election may be held between the first day for candidates to file for public office and the last day to certify the
returns of the general election other than as provided in subsection (2)(e) and (f) of this section. Such special election
shall be conducted and notice thereof given in the manner
provided by law.
(6) This section shall supersede the provisions of any and
all other statutes, whether general or special in nature, having
different dates for such city, town, and district elections, the
purpose of this section being to establish mandatory dates for
holding elections. [2006 c 344 § 3; 2004 c 266 § 6; 2003 c
111 § 145; 2002 c 43 § 2; 1994 c 142 § 2; 1992 c 37 § 2; 1990
c 33 § 562; 1989 c 4 § 10 (Initiative Measure No. 99); 1986 c
167 § 6; 1980 c 3 § 2; 1975-’76 2nd ex.s. c 111 § 2; 1965 c
123 § 3; 1965 c 9 § 29.13.020. Prior: 1963 c 200 § 1; 1955 c
55 § 1; 1951 c 101 § 1; 1949 c 161 § 1; 1927 c 182 § 1; 1923
c 53 § 2; 1921 c 61 § 2; Rem. Supp. 1949 § 5144. Formerly
RCW 29.13.020.]
*Reviser’s note: This section was amended by 2006 c 344 § 3, changing subsection (3) to subsection (4).
[Title 29A RCW—page 7]
29A.04.410
Title 29A RCW: Elections
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
Effective date—2004 c 266: See note following RCW 29A.04.575.
Intent—2002 c 43: "The legislature finds that there are conflicting
interpretations as to the intent of the legislature in the enactment of chapter
305, Laws of 1999. The purpose of this act is to make statutory changes that
further clarify this intent.
It is the intent of the legislature that elections of conservation district
supervisors continue to be conducted under procedures in the conservation
district statutes, chapter 89.08 RCW, and that such elections not be conducted under the general election laws contained in Title 29 RCW. Further,
it is the intent of the legislature that there be no change made with regard to
applicability of the public disclosure act, chapter 42.17 RCW, to conservation district supervisors from those that existed before the enactment of chapter 305, Laws of 1999." [2002 c 43 § 1.]
Effective date—2002 c 43: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 14, 2002]." [2002 c 43 § 6.]
Effective date—1994 c 142: "This act shall take effect January 1,
1995." [1994 c 142 § 3.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1986 c 167: See note following RCW 29A.04.049.
Severability—1975-’76 2nd ex.s. c 111: "If any provision of this 1976
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975-’76 2nd ex.s. c 111 § 3.]
ELECTION COSTS
29A.04.410 Costs borne by constituencies. Every city,
town, and district is liable for its proportionate share of the
costs when such elections are held in conjunction with other
elections held under RCW *29A.04.320 and 29A.04.330.
Whenever any city, town, or district holds any primary
or election, general or special, on an isolated date, all costs of
such elections must be borne by the city, town, or district
concerned.
The purpose of this section is to clearly establish that the
county is not responsible for any costs involved in the holding of any city, town, or district election.
In recovering such election expenses, including a reasonable pro-ration of administrative costs, the county auditor
shall certify the cost to the county treasurer with a copy to the
clerk or auditor of the city, town, or district concerned. Upon
receipt of such certification, the county treasurer shall make
the transfer from any available and appropriate city, town, or
district funds to the county current expense fund or to the
county election reserve fund if such a fund is established.
Each city, town, or district must be promptly notified by the
county treasurer whenever such transfer has been completed.
However, in those districts wherein a treasurer, other than the
county treasurer, has been appointed such transfer procedure
does not apply, but the district shall promptly issue its warrant for payment of election costs. [2003 c 111 § 146; 1965 c
123 § 5; 1965 c 9 § 29.13.045. Prior: 1963 c 200 § 7; 1951 c
257 § 5. Formerly RCW 29.13.045.]
29A.04.410
*Reviser’s note: RCW 29A.04.320 was repealed by 2004 c 271 § 193.
Later enactment, see RCW 29A.04.321.
County, municipality, or special district facilities as polling places, payment
for: RCW 29A.16.120.
Diking districts, election to authorize, costs: RCW 85.38.060.
Diking or drainage district, reorganization into improvement district
1917 act, election to authorize: RCW 85.38.060.
[Title 29A RCW—page 8]
1933 act, election to authorize: RCW 85.38.060.
Expense of printing and distributing ballot materials: RCW 29A.36.220.
Port districts, formation of, election on, expense of: RCW 53.04.070.
Public utility district elections, expense of: RCW 54.08.041.
Reclamation districts of one million acres, election to form, expense: RCW
89.30.115.
Soil and water conservation district, election to form, expense: RCW
89.08.140.
Water-sewer districts
annexation of territory by, election on, expense: RCW 57.24.050.
formation of, expense: RCW 57.04.055.
29A.04.420 State share. (1) Whenever state officers or
measures are voted upon at a state primary or general election
held in an odd-numbered year under *RCW 29A.04.320, the
state of Washington shall assume a prorated share of the costs
of that state primary or general election.
(2) Whenever a primary or vacancy election is held to fill
a vacancy in the position of United States senator or United
States representative under chapter 29A.28 RCW, the state of
Washington shall assume a prorated share of the costs of that
primary or vacancy election.
(3) The county auditor shall apportion the state’s share of
these expenses when prorating election costs under RCW
29A.04.410 and shall file such expense claims with the secretary of state.
(4) The secretary of state shall include in his or her biennial budget requests sufficient funds to carry out this section.
Reimbursements for election costs shall be from appropriations specifically provided by law for that purpose. [2003 c
111 § 147. Prior: 1985 c 45 § 2; 1977 ex.s. c 144 § 4; 1975’76 2nd ex.s. c 4 § 1; 1973 c 4 § 2. Formerly RCW
29.13.047.]
29A.04.420
*Reviser’s note: RCW 29A.04.320 was repealed by 2004 c 271 § 193.
Later enactment, see RCW 29A.04.321.
Legislative intent—1985 c 45: "It is the intention of the legislature that
sections 2 through 7 of this act shall provide an orderly and predictable election procedure for filling vacancies in the offices of United States representative and United States senator." [1985 c 45 § 1.]
29A.04.430 Interest on reimbursement. For any reimbursement of election costs under RCW 29A.04.420, the secretary of state shall pay interest at an annual rate equal to two
percentage points in excess of the discount rate on ninety-day
commercial paper in effect at the federal reserve bank in San
Francisco on the fifteenth day of the month immediately preceding the payment for any period of time in excess of thirty
days after the receipt of a properly executed and documented
voucher for such expenses and the entry of an allotment from
specifically appropriated funds for this purpose. The secretary of state shall promptly notify any county that submits an
incomplete or inaccurate voucher for reimbursement under
RCW 29A.04.420. [2003 c 111 § 148; 1986 c 167 § 7. Formerly RCW 29.13.048.]
29A.04.430
Severability—1986 c 167: See note following RCW 29A.04.049.
29A.04.440 Election account. (1) The election account
is created in the state treasury.
(2) The following receipts must be deposited into the
account:
Amounts received from the federal government under Public
Law 107-252 (October 29, 2002), known as the "Help Amer29A.04.440
(2008 Ed.)
General Provisions
ica Vote Act of 2002," including any amounts received under
subsequent amendments to the act;
amounts appropriated or otherwise made available by the
state legislature for the purposes of carrying out activities for
which federal funds are provided to the state under Public
Law 107-252, including any amounts received under subsequent amendments to the act;
and such other amounts as may be appropriated by the legislature to the account.
(3) Moneys in the account may be spent only after appropriation. Expenditures from the account may be made only to
facilitate the implementation of Public Law 107-252. [2004
c 266 § 2. Prior: 2003 c 48 § 1. Formerly RCW 29.04.260.]
Effective date—2004 c 266: See note following RCW 29A.04.575.
Effective date—2003 c 48: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 17, 2003]." [2003 c 48 § 3.]
29A.04.450 Local government grant program. The
secretary of state shall establish a competitive local government grant program to solicit and prioritize project proposals
from county election offices. Potential projects [project] proposals must be new projects designed to help the county election office comply with the requirements of the Help America Vote Act (P.L. 107-252). Grant funds will not be allocated to fund existing statutory functions of local elections
[election] offices, and in order to be eligible for a grant, local
election offices must maintain an elections budget at or above
the local elections budget by July 1, 2004. [2004 c 267 §
201.]
29A.04.450
Effective dates—2004 c 267: See note following RCW 29A.08.651.
29A.04.460 Grant program—Administration. The
secretary of state will administer the grant program and disburse funds from the election account established in the state
treasury by the legislature in chapter 48, Laws of 2003. Only
grant proposals from local government election offices will
be reviewed. The secretary of state and any local government
grant recipient shall enter into an agreement outlining the
terms of the grant and a payment schedule. The payment
schedule may allow the secretary of state to make payments
directly to vendors contracted by the local government election office from Help America Vote Act (P.L. 107-252)
funds. The secretary of state shall adopt any rules necessary
to facilitate this section. [2004 c 267 § 202.]
29A.04.460
Effective dates—2004 c 267: See note following RCW 29A.08.651.
29A.04.470 Grant program—Advisory committee.
(1) The secretary of state shall create an advisory committee
and adopt rules governing project eligibility, evaluation,
awarding of grants, and other criteria for administering the
local government grant program, which may include a preference for grants that include a match of local funds.
(2) The advisory committee shall review grant proposals
and establish a prioritized list of projects to be considered for
funding by the third Tuesday in May of each year beginning
in 2004 and continuing as long as funds in the election
account established by chapter 48, Laws of 2003 [RCW
29A.04.440] are available. The grant award may have an
effective date other than the date the project is placed on the
29A.04.470
(2008 Ed.)
29A.04.510
prioritized list, including money spent previously by the
county that would qualify for reimbursement under the Help
America Vote Act (P.L. 107-252).
(3) Examples of projects that would be eligible for local
government grant funding include, but are not limited to the
following:
(a) Replacement or upgrade of voting equipment, including the replacement of punch card voting systems;
(b) Purchase of additional voting equipment, including
the purchase of equipment to meet the disability requirements
of the Help America Vote Act (P.L. 107-252);
(c) Purchase of new election management system hardware and software capable of integrating with the statewide
voter registration system required by the Help America Vote
Act (P.L. 107-252);
(d) Development and production of poll worker recruitment and training materials;
(e) Voter education programs;
(f) Publication of a local voters’ pamphlet;
(g) Toll-free access system to provide notice of the outcome of provisional ballots; and
(h) Training for local election officials. [2004 c 267 §
203.]
Effective dates—2004 c 267: See note following RCW 29A.08.651.
ADMINISTRATION
29A.04.510 Election administration and certification
board—Generally. (1) The Washington state election
administration and certification board is established and has
the responsibilities and authorities prescribed by this chapter.
The board is composed of the following members:
(a) The secretary of state or the secretary’s designee;
(b) The state director of elections or the director’s designee;
(c) Four county auditors appointed by the Washington
state association of county auditors or their alternates who are
county auditors designated by the association to serve as such
alternates, each appointee and alternate to serve at the pleasure of the association;
(d) One member from each of the two largest political
party caucuses of the house of representatives designated by
and serving at the pleasure of the legislative leader of the
respective caucus;
(e) One member from each of the two largest political
party caucuses of the senate designated by and serving at the
pleasure of the legislative leader of the respective caucus; and
(f) One representative from each major political party,
designated by and serving at the pleasure of the chair of the
party’s state central committee.
(2) The board shall elect a chair from among its number;
however, neither the secretary of state nor the state director of
elections nor their designees may serve as the chair of the
board. A majority of the members appointed to the board
constitutes a quorum for conducting the business of the
board. Chapter 42.30 RCW, the Open Public Meetings Act,
and RCW 42.32.030 regarding minutes of meetings, apply to
the meetings of the board.
(3) Members of the board shall serve without compensation. The secretary of state shall reimburse members of the
board, other than those who are members of the legislature,
29A.04.510
[Title 29A RCW—page 9]
29A.04.520
Title 29A RCW: Elections
for travel expenses in accordance with RCW 43.03.050 and
43.03.060. Members of the board who are members of the
legislature shall be reimbursed as provided in chapter 44.04
RCW. [2003 c 111 § 149; 1992 c 163 § 3. Formerly RCW
29.60.010.]
29A.04.520 Appeals. The board created in RCW
29A.04.510 shall review appeals filed under RCW
29A.04.550 or 29A.04.570. A decision of the board regarding the appeal must be supported by not less than a majority
of the members appointed to the board. A decision of the
board regarding an appeal filed under RCW 29A.04.570 concerning an election review conducted under that section is
final. If a decision of the board regarding an appeal filed
under RCW 29A.04.550 includes a recommendation that a
certificate be issued, the secretary of state, upon the recommendation of the board, shall issue the certificate. [2003 c
111 § 150.]
29A.04.520
29A.04.525 Complaint procedures. The state-based
administrative complaint procedures required in the Help
America Vote Act (P.L. 107-252) and detailed in administrative rule apply to all primary, general, and special elections
administered under this title. [2004 c 267 § 401.]
29A.04.525
Effective dates—2004 c 267: See note following RCW 29A.08.651.
29A.04.530 Duties of secretary of state. The secretary
of state shall:
(1) Establish and operate, or provide by contract, training
and certification programs for state and county elections
administration officials and personnel, including training on
the various types of election law violations and discrimination, and training programs for political party observers
which conform to the rules for such programs established
under RCW 29A.04.630;
(2) Administer tests for state and county officials and
personnel who have received such training and issue certificates to those who have successfully completed the training
and passed such tests;
(3) Maintain a record of those individuals who have
received such training and certificates; and
(4) Provide the staffing and support services required by
the board created under RCW 29A.04.510. [2006 c 206 § 1;
2005 c 243 § 2; 2003 c 111 § 151. Prior: 2001 c 41 § 11;
1992 c 163 § 5. Formerly RCW 29.60.030.]
29A.04.530
Effective date—1992 c 163 §§ 5-13: "Sections 5 through 13 of this act
shall take effect July 1, 1993." [1992 c 163 § 15.]
29A.04.540 Training of administrators. A person
having responsibility for the administration or conduct of
elections, other than precinct election officers, shall, within
eighteen months of undertaking those responsibilities,
receive general training regarding the conduct of elections
and specific training regarding their responsibilities and
duties as prescribed by this title or by rules adopted by the
secretary of state under this title. Included among those persons for whom such training is mandatory are the following:
(1) Secretary of state elections division personnel;
(2) County elections administrators under RCW
36.22.220;
29A.04.540
[Title 29A RCW—page 10]
(3) County canvassing board members;
(4) Persons officially designated by each major political
party as elections observers; and
(5) Any other person or group charged with election
administration responsibilities if the person or group is designated by rule adopted by the secretary of state as requiring the
training.
The secretary of state shall reimburse election observers
in accordance with RCW 43.03.050 and 43.03.060 for travel
expenses incurred to receive training required under subsection (4) of this section.
Neither this section nor RCW 29A.04.530 may be construed as requiring an elected official to receive training or a
certificate of training as a condition for seeking or holding
elective office or as a condition for carrying out constitutional duties. [2003 c 111 § 152; 1992 c 163 § 6. Formerly
RCW 29.60.040.]
Effective date—1992 c 163 §§ 5-13: See note following RCW
29A.04.530.
29A.04.550
29A.04.550 Denial of certification—Review and
appeal. (1) A decision of the secretary of state to deny certification under RCW 29A.04.530 must be entered in the manner specified for orders under the Administrative Procedure
Act, chapter 34.05 RCW. Such a decision is not effective for
a period of twenty days following the date of the decision,
during which time the person denied certification may file a
petition with the secretary of state requesting the secretary to
reconsider the decision and to grant certification. The petitioner shall include in the petition, an explanation of the reasons why the initial decision is incorrect and certification
should be granted, and may include a request for a hearing on
the matter. The secretary of state shall reconsider the matter
if the petition is filed in a proper and timely manner. If a
hearing is requested, the secretary of state shall conduct the
hearing within sixty days after the date on which the petition
is filed. The secretary of state shall render a final decision on
the matter within ninety days after the date on which the petition is filed.
(2) Within twenty days after the date on which the secretary of state makes a final decision denying a petition under
this section, the petitioner may appeal the denial to the board
created in RCW 29A.04.510. In deciding appeals, the board
shall restrict its review to the record established when the
matter was before the secretary of state. The board shall
affirm the decision if it finds that the record supports the decision and that the decision is not inconsistent with other decisions of the secretary of state in which the same standards
were applied and certification was granted. Similarly, the
board shall reverse the decision and recommend to the secretary of state that certification be granted if the board finds that
such support is lacking or that such inconsistency exists.
(3) Judicial review of certification decisions will be as
prescribed under RCW 34.05.510 through 34.05.598, but is
limited to the review of board decisions denying certification.
[2003 c 111 § 153; 1992 c 163 § 7. Formerly RCW
29.60.050.]
Effective date—1992 c 163 §§ 5-13: See note following RCW
29A.04.530.
(2008 Ed.)
General Provisions
29A.04.560 Election review section. An election
review section is established in the elections division of the
office of the secretary of state. Permanent staff of the elections division, trained and certified as required by RCW
29A.04.540, shall perform the election review functions prescribed by RCW 29A.04.570. The staff may also be required
to assist in training, certification, and other duties as may be
assigned by the secretary of state to ensure the uniform and
orderly conduct of elections in this state. [2003 c 111 § 154.
Prior: 1992 c 163 § 8. Formerly RCW 29.60.060.]
29A.04.560
Effective date—1992 c 163 §§ 5-13: See note following RCW
29A.04.530.
29A.04.570 Review of county election procedures.
(1)(a) The election review staff of the office of the secretary
of state shall conduct a review of election-related policies,
procedures, and practices in an affected county or counties:
(i) If the unofficial returns of a primary or general election for a position in the state legislature indicate that a mandatory recount is likely for that position; or
(ii) If unofficial returns indicate a mandatory recount is
likely in a statewide election or an election for federal office.
Reviews conducted under (ii) of this subsection shall be
performed in as many selected counties as time and staffing
permit. Reviews conducted as a result of mandatory recounts
shall be performed between the time the unofficial returns are
complete and the time the recount is to take place, if possible.
(b) In addition to conducting reviews under (a) of this
subsection, the election review staff shall also conduct such a
review in a county at least once in each three-year period, in
conjunction with a county primary or special or general election, at the direction of the secretary of state or at the request
of the county auditor. If staffing or budget levels do not permit a three-year election cycle for reviews, then reviews must
be done as often as possible. If any resident of this state
believes that an aspect of a primary or election has been conducted inappropriately in a county, the resident may file a
complaint with the secretary of state. The secretary shall
consider such complaints in scheduling periodic reviews
under this section.
(c) Before an election review is conducted in a county,
the secretary of state shall provide the county auditor of the
affected county and the chair of the state central committee of
each major political party with notice that the review is to be
conducted. When a periodic review is to be conducted in a
county at the direction of the secretary of state under (b) of
this subsection, the secretary shall provide the affected
county auditor not less than thirty days’ notice.
(2) Reviews shall be conducted in conformance with
rules adopted under RCW 29A.04.630. In performing a
review in a county under this chapter, the election review
staff shall evaluate the policies and procedures established
for conducting the primary or election in the county and the
practices of those conducting it. As part of the review, the
election review staff shall issue to the county auditor and the
members of the county canvassing board a report of its findings and recommendations regarding such policies, procedures, and practices. A review conducted under this chapter
shall not include any evaluation, finding, or recommendation
regarding the validity of the outcome of a primary or election
or the validity of any canvass of returns nor does the election
29A.04.570
(2008 Ed.)
29A.04.590
review staff have any jurisdiction to make such an evaluation,
finding, or recommendation under this title.
(3) The county auditor or the county canvassing board
shall respond to the review report in writing, listing the steps
that will be taken to correct any problems listed in the report.
The secretary of state shall visit the county before the next
state primary or general election to verify that the county has
taken the steps they listed to correct the problems noted in the
report.
(4) The county auditor of the county in which a review is
conducted under this section or a member of the canvassing
board of the county may appeal the findings or recommendations of the election review staff regarding the review by filing an appeal with the board created under RCW 29A.04.510.
[2005 c 240 § 1; 2003 c 111 § 155. Prior: 1997 c 284 § 1;
1992 c 163 § 9. Formerly RCW 29.60.070.]
Effective date—1992 c 163 §§ 5-13: See note following RCW
29A.04.530.
29A.04.575 Visits to elections offices, facilities. The
secretary of state, or any staff of the elections division of the
office of secretary of state, may make unannounced on-site
visits to county election offices and facilities to observe the
handling, processing, counting, or tabulation of ballots.
[2004 c 266 § 1. Prior: 2003 c 109 § 1. Formerly RCW
29.04.075.]
29A.04.575
Effective date—2004 c 266: "This act takes effect July 1, 2004." [2004
c 266 § 25.]
29A.04.580 County auditor and review staff. The
county auditor may designate any person who has been certified under this chapter, other than the auditor, to participate in
a review conducted in the county under this chapter. Each
county auditor and canvassing board shall cooperate fully
during an election review by making available to the reviewing staff any material requested by the staff. The reviewing
staff shall have full access to ballot pages, absentee voting
materials, any other election material normally kept in a
secure environment after the election, and other requested
material. If ballots are reviewed by the staff, they shall be
reviewed in the presence of the canvassing board or its designees. Ballots shall not leave the custody of the canvassing
board. During the review and after its completion, the review
staff may make appropriate recommendations to the county
auditor or canvassing board, or both, to bring the county into
compliance with the training required under this chapter, and
the laws or rules of the state of Washington, to safeguard
election material or to preserve the integrity of the elections
process. [2003 c 111 § 156. Prior: 1992 c 163 § 10. Formerly RCW 29.60.080.]
29A.04.580
Effective date—1992 c 163 §§ 5-13: See note following RCW
29A.04.530.
29A.04.590 Election assistance and clearinghouse
program. The secretary of state shall establish within the
elections division an election assistance and clearinghouse
program, which shall provide regular communication
between the secretary of state, local election officials, and
major and minor political parties regarding newly enacted
elections legislation, relevant judicial decisions affecting the
administration of elections, and applicable attorney general
29A.04.590
[Title 29A RCW—page 11]
29A.04.611
Title 29A RCW: Elections
opinions, and which shall respond to inquiries from elections
administrators, political parties, and others regarding election
information. This section does not empower the secretary of
state to offer legal advice or opinions, but the secretary may
discuss the construction or interpretation of election law, case
law, or legal opinions from the attorney general or other competent legal authority. [2003 c 111 § 157. Prior: 1992 c 163
§ 11. Formerly RCW 29.60.090.]
Effective date—1992 c 163 §§ 5-13: See note following RCW
29A.04.530.
RULE-MAKING AUTHORITY
29A.04.611 Rules by secretary of state. The secretary
of state as chief election officer shall make reasonable rules
in accordance with chapter 34.05 RCW not inconsistent with
the federal and state election laws to effectuate any provision
of this title and to facilitate the execution of its provisions in
an orderly, timely, and uniform manner relating to any federal, state, county, city, town, and district elections. To that
end the secretary shall assist local election officers by devising uniform forms and procedures.
In addition to the rule-making authority granted otherwise by this section, the secretary of state shall make rules
governing the following provisions:
(1) The maintenance of voter registration records;
(2) The preparation, maintenance, distribution, review,
and filing of precinct maps;
(3) Standards for the design, layout, and production of
ballots;
(4) The examination and testing of voting systems for
certification;
(5) The source and scope of independent evaluations of
voting systems that may be relied upon in certifying voting
systems for use in this state;
(6) Standards and procedures for the acceptance testing
of voting systems by counties;
(7) Standards and procedures for testing the programming of vote tallying software for specific primaries and
elections;
(8) Standards and procedures for the preparation and use
of each type of certified voting system including procedures
for the operation of counting centers where vote tallying systems are used;
(9) Standards and procedures to ensure the accurate tabulation and canvassing of ballots;
(10) Consistency among the counties of the state in the
preparation of ballots, the operation of vote tallying systems,
and the canvassing of primaries and elections;
(11) Procedures to ensure the secrecy of a voter’s ballot
when a small number of ballots are counted at the polls or at
a counting center;
(12) The use of substitute devices or means of voting
when a voting device at the polling place is found to be defective, the counting of votes cast on the defective device, the
counting of votes cast on the substitute device, and the documentation that must be submitted to the county auditor
regarding such circumstances;
(13) Procedures for the transportation of sealed containers of voted ballots or sealed voting devices;
29A.04.611
[Title 29A RCW—page 12]
(14) The acceptance and filing of documents via electronic facsimile;
(15) Voter registration applications and records;
(16) The use of voter registration information in the conduct of elections;
(17) The coordination, delivery, and processing of voter
registration records accepted by driver licensing agents or the
department of licensing;
(18) The coordination, delivery, and processing of voter
registration records accepted by agencies designated by the
governor to provide voter registration services;
(19) Procedures to receive and distribute voter registration applications by mail;
(20) Procedures for a voter to change his or her voter registration address within a county by telephone;
(21) Procedures for a voter to change the name under
which he or she is registered to vote;
(22) Procedures for canceling dual voter registration
records and for maintaining records of persons whose voter
registrations have been canceled;
(23) Procedures for the electronic transfer of voter registration records between county auditors and the office of the
secretary of state;
(24) Procedures and forms for declarations of candidacy;
(25) Procedures and requirements for the acceptance and
filing of declarations of candidacy by electronic means;
(26) Procedures for the circumstance in which two or
more candidates have a name similar in sound or spelling so
as to cause confusion for the voter;
(27) Filing for office;
(28) The order of positions and offices on a ballot;
(29) Sample ballots;
(30) Independent evaluations of voting systems;
(31) The testing, approval, and certification of voting
systems;
(32) The testing of vote tallying software programming;
(33) Standards and procedures to prevent fraud and to
facilitate the accurate processing and canvassing of absentee
ballots and mail ballots, including standards for the approval
and implementation of hardware and software for automated
signature verification systems;
(34) Standards and procedures to guarantee the secrecy
of absentee ballots and mail ballots;
(35) Uniformity among the counties of the state in the
conduct of absentee voting and mail ballot elections;
(36) Standards and procedures to accommodate out-ofstate voters, overseas voters, and service voters;
(37) The tabulation of paper ballots before the close of
the polls;
(38) The accessibility of polling places and registration
facilities that are accessible to elderly and disabled persons;
(39) The aggregation of precinct results if reporting the
results of a single precinct could jeopardize the secrecy of a
person’s ballot;
(40) Procedures for conducting a statutory recount;
(41) Procedures for filling vacancies in congressional
offices if the general statutory time requirements for availability of absentee ballots, certification, canvassing, and
related procedures cannot be met;
(2008 Ed.)
General Provisions
(42) Procedures for the statistical sampling of signatures
for purposes of verifying and canvassing signatures on initiative, referendum, and recall election petitions;
(43) Standards and deadlines for submitting material to
the office of the secretary of state for the voters’ pamphlet;
(44) Deadlines for the filing of ballot titles for referendum bills and constitutional amendments if none have been
provided by the legislature;
(45) Procedures for the publication of a state voters’
pamphlet;
(46) Procedures for conducting special elections regarding nuclear waste sites if the general statutory time requirements for availability of absentee ballots, certification, canvassing, and related procedures cannot be met;
(47) Procedures for conducting partisan primary elections;
(48) Standards and procedures for the proper conduct of
voting during the early voting period to provide accessability
for the blind or visually impaired;
(49) Standards for voting technology and systems used
by the state or any political subdivision to be accessible for
individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation,
including privacy and independence, as other voters;
(50) All data formats for transferring voter registration
data on electronic or machine-readable media for the purpose
of administering the statewide voter registration list required
by the Help America Vote Act (P.L. 107-252);
(51) Defining the interaction of electronic voter registration election management systems employed by each county
auditor to maintain a local copy of each county’s portion of
the official state list of registered voters;
(52) Provisions and procedures to implement the statebased administrative complaint procedure as required by the
Help America Vote Act (P.L. 107-252);
(53) Facilitating the payment of local government grants
to local government election officers or vendors; and
(54) Standards for the verification of signatures on
absentee, mail, and provisional ballot envelopes. [2006 c 207
§ 1; 2006 c 206 § 2; 2004 c 271 § 151.]
Reviser’s note: This section was amended by 2006 c 206 § 2 and by
2006 c 207 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
29A.04.620 Rules. The secretary of state as chief election officer may make rules in accordance with chapter 34.05
RCW to facilitate the operation, accomplishment, and purpose of the presidential primary authorized in RCW
29A.56.010 through 29A.56.060. The secretary of state shall
adopt rules consistent with this chapter to comply with
national or state political party rules. [2003 c 111 § 162;
1995 1st sp.s. c 20 § 4; 1989 c 4 § 7 (Initiative Measure No.
99). Formerly RCW 29.19.070.]
29A.04.620
Effective date—1995 1st sp.s. c 20: See note following RCW
29A.56.020.
29A.04.630 Joint powers and duties with board. (1)
The secretary of state and the board created in RCW
29A.04.510 shall jointly adopt rules, in the manner specified
29A.04.630
(2008 Ed.)
29A.04.905
for the adoption of rules under the Administrative Procedure
Act, chapter 34.05 RCW, governing:
(a) The training of persons officially designated by major
political parties as elections observers under this title, and the
training and certification of election administration officials
and personnel;
(b) The policies and procedures for conducting election
reviews under RCW 29A.04.570; and
(c) The policies and standards to be used by the board in
reviewing and rendering decisions regarding appeals filed
under RCW 29A.04.570.
(2) The board created in RCW 29A.04.510 may adopt
rules governing its procedures. [2003 c 111 § 163; 1992 c
163 § 4. Formerly RCW 29.60.020.]
CONSTRUCTION
29A.04.900
29A.04.900 Continuation of existing law. The provisions of this title insofar as they are substantially the same as
statutory provisions repealed by this chapter, and relating to
the same subject matter, shall be construed as restatements
and continuations, and not as new enactments. [2003 c 111 §
158. Prior: 1965 c 9 § 29.98.010. Formerly RCW
29.98.010.]
29A.04.901
29A.04.901 Headings and captions not part of law.
Chapter headings, part, subpart, and section or subsection
captions, as used in this title do not constitute any part of the
law. [2003 c 111 § 159; 1965 c 9 § 29.98.020. Formerly
RCW 29.98.020.]
29A.04.902
29A.04.902 Invalidity of part not to affect remainder.
If any provision of this title, or its application to any person
or circumstance is held invalid, the remainder of the title, or
the application of the provision to other persons or circumstances is not affected. [2003 c 111 § 160. Prior: 1965 c 9 §
29.98.030. Formerly RCW 29.98.030.]
29A.04.903
29A.04.903 Effective date—2003 c 111. This act takes
effect July 1, 2004. [2003 c 111 § 2405.]
29A.04.904
29A.04.904 Severability—2004 c 271. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2004 c 271 § 204.]
29A.04.905
29A.04.905 Effective date—2004 c 271. Except for
sections 102 through 193 of this act, this act is necessary for
the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing
public institutions, and takes effect immediately [April 1,
2004]. [2004 c 271 § 205.]
Reviser’s note: Sections 1 through 57 and 101 were vetoed by the governor. Sections 102 through 193 took effect June 10, 2004.
[Title 29A RCW—page 13]
Chapter 29A.08
Title 29A RCW: Elections
Chapter 29A.08 RCW
VOTERS AND REGISTRATION
Chapter 29A.08
Sections
DEFINITIONS
29A.08.010
29A.08.020
29A.08.030
29A.08.040
"Information required for voter registration."
Mailing, date and method.
Notices, various.
"Person," "political purpose."
GENERAL PROVISIONS
29A.08.105
29A.08.107
29A.08.110
29A.08.112
29A.08.113
29A.08.115
29A.08.120
29A.08.123
29A.08.125
29A.08.130
29A.08.135
29A.08.140
29A.08.145
29A.08.150
29A.08.161
29A.08.166
Official list, secretary of state—County auditor, duties—
Registration assistants.
Review by secretary of state.
Auditor’s procedure.
Voters without traditional residential addresses.
Alternative forms of identification—Voting procedure.
Registration by other than auditor or secretary of state.
Registration by mail.
Registration electronically.
Database of voter registration records.
Count of registered voters.
Updating information.
Closing files—Notice.
Late registration—Special procedure.
Expense of registration.
No link between voter and ballot choice.
Party affiliation not required.
FORMS
29A.08.210
29A.08.220
29A.08.230
29A.08.250
29A.08.260
Application—Information required—Warning.
Application—Format—Production.
Oath of applicant.
Furnished by secretary of state.
Supply and distribution.
MOTOR VOTER AND REGISTRATION AT STATE AGENCIES
29A.08.310
29A.08.320
29A.08.330
29A.08.340
29A.08.350
29A.08.360
Voter registration in state offices, colleges.
Registration or transfer at designated agencies—Form and
application.
Registration at designated agencies—Procedures.
Registration with driver’s license application or renewal.
Duties of secretary of state, department of licensing, county
auditors.
Address changes at department of licensing.
TRANSFERS AND NAME CHANGES
29A.08.410
29A.08.420
29A.08.430
29A.08.440
Address change within county—Transfer by telephone.
Transfer to another county.
Transfer on election day.
Voter name change.
29A.08.510
29A.08.515
29A.08.520
29A.08.540
Death.
Incapacitation, guardianship.
Felony conviction—Restoration of voting rights.
Records preservation.
29A.08.605
29A.08.610
29A.08.615
29A.08.620
Registration list maintenance.
Dual registration or voting detection.
"Active," "inactive" registered voters.
Assignment of voter to inactive status—Confirmation
notice.
Voting by inactive or canceled voters.
Return of inactive voter to active status—Cancellation of
registration.
Confirmation notices—Form, contents.
Confirmation notice—Response, auditor’s action.
Voter registration database.
CANCELLATIONS
LIST MAINTENANCE
29A.08.625
29A.08.630
29A.08.635
29A.08.640
29A.08.651
PUBLIC ACCESS TO REGISTRATION RECORDS
29A.08.710
29A.08.720
29A.08.740
29A.08.760
Originals and automated files.
Registration, voting records—As public records—Information furnished—Restrictions, confidentiality.
Violations of restricted use of registered voter data—Penalties—Liabilities.
Computer file—Duplicate copy—Restrictions and penalties.
[Title 29A RCW—page 14]
29A.08.770
29A.08.775
29A.08.780
29A.08.785
Records concerning accuracy and currency of voters lists.
Use and maintenance of statewide list.
State and county list interchange.
Information services board, consultation.
29A.08.810
Basis for challenging a voter’s registration—Who may
bring a challenge—Challenger duties.
Times for filing challenges—Hearings—Treatment of challenged ballots.
County auditor to publish voter challenges on the internet—
Ongoing notification requirements.
County auditor duties—Dismissal of challenges—Notification—Hearings—Counting or cancellation of ballots.
Challenge of registration—Forms, availability.
CHALLENGES
29A.08.820
29A.08.835
29A.08.840
29A.08.850
DEFINITIONS
29A.08.010 "Information required for voter registration." As used in this chapter: "Information required for
voter registration" means the minimum information provided
on a voter registration application that is required by the
county auditor in order to place a voter registration applicant
on the voter registration rolls. This information includes:
(1) Name;
(2) Residential address;
(3) Date of birth;
(4) Washington state driver’s license number or Washington state identification card number, or the last four digits
of the applicant’s Social Security number if the applicant
does not have a Washington state driver’s license or Washington state identification card;
(5) A signature attesting to the truth of the information
provided on the application; and
(6) A check or indication in the box confirming the individual is a United States citizen.
The residential address provided must identify the actual
physical residence of the voter in Washington, as defined in
RCW 29A.04.151, with detail sufficient to allow the voter to
be assigned to the proper precinct and to locate the voter to
confirm his or her residence for purposes of verifying qualification to vote under Article VI, section 1 of the state Constitution. A residential address may be either a traditional
address or a nontraditional address. A traditional address
consists of a street number and name, optional apartment
number or unit number, and city or town, as assigned by a
local government, which serves to identify the parcel or
building of residence and the unit if a multiunit residence. A
nontraditional address consists of a narrative description of
the location of the voter’s residence, and may be used when a
traditional address has not been assigned to the voter’s residence. If the postal service does not deliver mail to the
voter’s residential address, or the voter prefers to receive mail
at a different address, the voter may separately provide the
mailing address at which they receive mail. Any mailing
address provided shall be used only for mail delivery purposes and not for precinct assignment or confirmation of residence for voter qualification purposes.
If the individual does not have a driver’s license, state
identification card, or Social Security number, the registrant
must be issued a unique voter registration number in order to
be placed on the voter registration rolls. All other information supplied is ancillary and not to be used as grounds for not
registering an applicant to vote. Modification of the language
of the official Washington state voter registration form by the
29A.08.010
(2008 Ed.)
Voters and Registration
voter will not be accepted and will cause the rejection of the
registrant’s application. [2006 c 320 § 2; 2005 c 246 § 2;
2004 c 267 § 102; 2003 c 111 § 201; 1994 c 57 § 9. Formerly
RCW 29.07.005.]
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: See note following RCW 29A.08.651.
Severability—1994 c 57: See note following RCW 10.64.021.
29A.08.020 Mailing, date and method. The definitions set forth in this section apply throughout this chapter,
unless the context clearly requires otherwise.
(1) "By mail" means delivery of a completed original
voter registration application by mail to the office of the secretary of state.
(2) For voter registration applicants, "date of mailing"
means the date of the postal cancellation on the voter registration application. This date will also be used as the date of
application for the purpose of meeting the registration cutoff
deadline. If the postal cancellation date is illegible then the
date of receipt by the elections official is considered the date
of application. If an application is received by the elections
official by the close of business on the fifth day after the cutoff date for voter registration and the postal cancellation date
is illegible, the application will be considered to have arrived
by the cutoff date for voter registration. [2004 c 267 § 103;
2003 c 111 § 204; 1994 c 57 § 30; 1993 c 434 § 1. Formerly
RCW 29.08.010.]
29A.08.020
Effective dates—2004 c 267: See note following RCW 29A.08.651.
Severability—1994 c 57: See note following RCW 10.64.021.
29A.08.030 Notices, various. The definitions set forth
in this section apply throughout this chapter, unless the context clearly requires otherwise.
(1) "Verification notice" means a notice sent by the
county auditor or secretary of state to a voter registration
applicant and is used to verify or collect information about
the applicant in order to complete the registration. The verification notice must be designed to include a postage prepaid,
preaddressed return form by which the applicant may verify
or send information.
(2) "Acknowledgement notice" means a notice sent by
nonforwardable mail by the county auditor or secretary of
state to a registered voter to acknowledge a voter registration
transaction, which can include initial registration, transfer, or
reactivation of an inactive registration. An acknowledgement notice may be a voter registration card.
(3) "Confirmation notice" means a notice sent to a registered voter by first-class forwardable mail at the address indicated on the voter’s permanent registration record and to any
other address at which the county auditor or secretary of state
could reasonably expect mail to be received by the voter in
order to confirm the voter’s residence address. The confirmation notice must be designed to include a postage prepaid,
preaddressed return form by which the registrant may verify
the address information. [2005 c 246 § 3; 2004 c 267 § 104;
2003 c 111 § 203. Prior: 1994 c 57 § 33. Formerly RCW
29.10.011.]
29A.08.030
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: See note following RCW 29A.08.651.
(2008 Ed.)
29A.08.107
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29A.08.040 "Person," "political purpose." For purposes of this chapter, the following words have the following
meanings:
(1) "Person" means an individual, partnership, joint venture, public or private corporation, association, state or local
governmental entity or agency however constituted, candidate, committee, political committee, political party, executive committee thereof, or any other organization or group of
persons, however organized.
(2) "Political purpose" means a purpose concerned with
the support of or opposition to any candidate for any partisan
or nonpartisan office or concerned with the support of or
opposition to any ballot proposition or issue; "political purpose" includes, but is not limited to, such activities as the
advertising for or against any candidate or ballot measure or
the solicitation of financial support. [2003 c 111 § 202; 1973
1st ex.s. c 111 § 1. Formerly RCW 29.04.095.]
29A.08.040
GENERAL PROVISIONS
29A.08.105 Official list, secretary of state—County
auditor, duties—Registration assistants. (1) In compliance with the Help America Vote Act (P.L. 107-252), the
centralized statewide voter registration list maintained by the
secretary of state is the official list of eligible voters for all
elections.
(2) In all counties, the county auditor shall be the chief
registrar of voters for every precinct within the county. The
auditor may appoint registration assistants to assist in registering persons residing in the county. Each registration assistant holds office at the pleasure of the county auditor and
must be a registered voter.
(3) The county auditor shall ensure that mail-in voter
registration application forms are readily available to the
public at locations to include but not limited to the elections
office, and all common schools, fire stations, and public
libraries. [2004 c 267 § 105; 2003 c 111 § 205; 1999 c 298 §
4; 1994 c 57 § 8; 1984 c 211 § 3; 1980 c 48 § 1; 1971 ex.s. c
202 § 4; 1965 c 9 § 29.07.010. Prior: 1957 c 251 § 4; prior:
1939 c 15 § 1, part; 1933 c 1 § 3, part; RRS § 5114-3, part;
prior: 1891 c 104 §§ 1, part, 2, part; RRS §§ 5116, part, 5117,
part. Formerly RCW 29.07.010.]
29A.08.105
Effective dates—2004 c 267: See note following RCW 29A.08.651.
Severability—1994 c 57: See note following RCW 10.64.021.
Intent—1984 c 211: See note following RCW 29A.08.310.
29A.08.107 Review by secretary of state. (1) The secretary of state must review the information provided by each
voter registration applicant to ensure that the provided
driver’s license number, state identification card number, or
last four digits of the Social Security number match the information maintained by the Washington department of licensing or the Social Security administration. If a match cannot
be made, the secretary of state or county auditor must correspond with the applicant to resolve the discrepancy.
(2) If the applicant fails to respond to any correspondence required in this section to confirm information provided on a voter registration application within forty-five
29A.08.107
[Title 29A RCW—page 15]
29A.08.110
Title 29A RCW: Elections
days, the applicant will not be registered to vote. The secretary of state shall forward the application to the appropriate
county auditor for document storage.
(3) Only after the secretary of state has confirmed that
the provided driver’s license number, state identification card
number, or last four digits of the applicant’s Social Security
number match existing records with the Washington department of licensing or the Social Security administration, or
determined that the applicant does not have a driver’s license
number, state identification card number, or Social Security
number may the applicant be placed on the official list of registered voters.
(4) In order to prevent duplicate registration records, all
complete voter registration applications must be screened
against existing voter registration records in the official statewide voter registration list. If a match of an existing record is
found in the official list, the record must be updated with the
new information provided on the application. If the new
information indicates that the voter has changed his or her
county of residence, the application must be forwarded to the
voter’s new county of residence for processing. [2005 c 246
§ 4; 2004 c 267 § 106.]
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: See note following RCW 29A.08.651.
29A.08.110 Auditor’s procedure. (1) An application
is considered complete only if it contains the applicant’s
name, complete valid residence address, date of birth, signature attesting to the truth of the information provided, a mark
in the check-off box confirming United States citizenship,
and an indication that the provided driver’s license number,
state identification card number, or Social Security number
has been confirmed by the secretary of state. If it is not complete, the auditor shall promptly mail a verification notice of
the deficiency to the applicant. This verification notice shall
require the applicant to provide the missing information. If
the verification notice is not returned by the applicant within
forty-five days or is returned as undeliverable, the name of
the applicant shall not be placed on the official list of registered voters. If the applicant provides the required verified
information, the applicant shall be registered to vote as of the
original date of mailing or date of delivery, whichever is
applicable.
(2) If the information required in subsection (1) of this
section is complete, the applicant is considered to be registered to vote as of the original date of mailing or date of delivery, whichever is applicable. The auditor shall record the
appropriate precinct identification, taxing district identification, and date of registration on the voter’s record in the state
voter registration list. Within forty-five days after the receipt
of an application but no later than seven days before the next
primary, special election, or general election, the auditor shall
send to the applicant, by first-class mail, an acknowledgement notice identifying the registrant’s precinct and containing such other information as may be required by the secretary of state. The postal service shall be instructed not to forward a voter registration card to any other address and to
return to the auditor any card which is not deliverable.
(3) If an acknowledgement notice card is properly
mailed as required by this section to the address listed by the
29A.08.110
[Title 29A RCW—page 16]
voter as being the voter’s mailing address and the notice is
subsequently returned to the auditor by the postal service as
being undeliverable to the voter at that address, the auditor
shall promptly send the voter a confirmation notice. The
auditor shall place the voter’s registration on inactive status
pending a response from the voter to the confirmation notice.
[2005 c 246 § 5; 2004 c 267 § 107; 2003 c 111 § 206. Prior:
1994 c 57 § 32; 1993 c 434 § 6. Formerly RCW 29.08.060.]
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: See note following RCW 29A.08.651.
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29A.08.112 Voters without traditional residential
addresses. No person registering to vote, who meets all the
qualifications of a registered voter in the state of Washington,
shall be disqualified because he or she lacks a traditional residential address. A voter who lacks a traditional residential
address will be registered and assigned to a precinct based on
the location provided.
For the purposes of this section, a voter who resides in a
shelter, park, motor home, marina, or other identifiable location that the voter deems to be his or her residence lacks a traditional address. A voter who registers under this section
must provide a valid mailing address, and must still meet the
requirement in Article VI, section 1 of the state Constitution
that he or she live in the area for at least thirty days before the
election.
A person who has a traditional residential address must
use that address for voter registration purposes and is not eligible to register under this section. [2006 c 320 § 3; 2005 c
246 § 6.]
29A.08.112
Effective date—2005 c 246: See note following RCW 10.64.140.
29A.08.113 Alternative forms of identification—Voting procedure. (1) If a voter who registered by mail indicates on the voter registration form that he or she does not
have a Washington state driver’s license, Washington state
identification card, or Social Security number, he or she must
provide one of the following forms of identification the first
time he or she votes after registering:
(a) Valid photo identification;
(b) A valid enrollment card of a federally recognized
Indian tribe in Washington state;
(c) A copy of a current utility bill;
(d) A current bank statement;
(e) A copy of a current government check;
(f) A copy of a current paycheck; or
(g) A government document that shows both the name
and address of the voter.
(2) If the voter fails to provide one of the above forms of
identification prior to or at the time of voting, the ballot must
be treated as a provisional ballot regardless of whether the
voter is voting at a poll site or by mail. The ballot may only
be counted if the voter’s signature on the outside envelope
matches the signature in the voter registration records.
(3) The requirements of this section do not apply to an
out-of-state, overseas, or service voter who registers to vote
by signing the return envelope of the absentee ballot. [2005
c 246 § 7.]
29A.08.113
(2008 Ed.)
Voters and Registration
Effective date—2005 c 246: See note following RCW 10.64.140.
29A.08.115 Registration by other than auditor or
secretary of state. A person or organization collecting voter
registration application forms must transmit the forms to the
secretary of state or a county auditor at least once weekly.
The registration date on such forms will be the date they are
received by the secretary of state or county auditor. [2005 c
246 § 8; 2004 c 267 § 108; 2003 c 111 § 207; 1971 ex.s. c 202
§ 15; 1965 c 9 § 29.07.110. Prior: 1957 c 251 § 11; prior:
1947 c 68 § 1, part; 1945 c 95 § 1, part; 1933 c 1 § 6, part;
Rem. Supp. 1947 § 5114-6, part; prior: 1919 c 163 § 6, part;
1915 c 16 § 6, part; 1901 c 135 § 5, part; 1893 c 45 § 1, part;
1889 p 415 § 6, part; RRS § 5124, part. Formerly RCW
29.07.110.]
29A.08.115
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: See note following RCW 29A.08.651.
29A.08.120 Registration by mail. Any elector of this
state may register to vote by mail under this title. [2004 c 267
§ 109; 2003 c 111 § 208. Prior: 1993 c 434 § 3. Formerly
RCW 29.08.030.]
29A.08.120
Effective dates—2004 c 267: See note following RCW 29A.08.651.
29A.08.123 Registration electronically. (1) A person
who has a valid Washington state driver’s license or state
identification card may submit a voter registration application electronically on the secretary of state’s web site.
(2) The applicant must attest to the truth of the information provided on the application by affirmatively accepting
the information as true.
(3) The applicant must affirmatively assent to use of his
or her driver’s license or state identification card signature for
voter registration purposes.
(4) A voter registration application submitted electronically is otherwise considered a registration by mail.
(5) For each electronic application, the secretary of state
must obtain a digital copy of the applicant’s driver’s license
or state identification card signature from the department of
licensing.
(6) The secretary of state may employ additional security
measures to ensure the accuracy and integrity of voter registration applications submitted electronically. [2007 c 157 §
1.]
29A.08.123
Effective date—2007 c 157: "This act takes effect January 1, 2008."
[2007 c 157 § 2.]
29A.08.125 Database of voter registration records.
(1) Each county auditor shall maintain a computer file containing a copy of each record of all registered voters within
the county contained on the official statewide voter registration list for that county.
(2) The secretary of state shall at least quarterly review
and update the records of all registered voters on the official
statewide voter registration database to make additions and
corrections.
(3) The computer file must include, but not be limited to,
each voter’s last name, first name, middle initial, date of
birth, residence address, gender, date of registration, applica29A.08.125
(2008 Ed.)
29A.08.140
ble taxing district and precinct codes, and the last date on
which the individual voted.
(4) The county auditor shall subsequently record each
consecutive date upon which the individual has voted and
retain all such consecutive dates. [2005 c 246 § 9; 2004 c 267
§ 110; 2003 c 111 § 209; 1993 c 408 § 11; 1991 c 81 § 22;
1974 ex.s. c 127 § 12. Formerly RCW 29.07.220.]
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: See note following RCW 29A.08.651.
Severability—Effective dates—1993 c 408: See notes following
RCW 2.36.054.
Effective date—1991 c 81: See note following RCW 29A.84.540.
29A.08.130 Count of registered voters. (1) Except as
otherwise specified by this title, registered voters include
those assigned to active and inactive status by the county
auditor.
(2) Election officials shall not include inactive voters in
the count of registered voters for the purpose of dividing precincts, creating vote-by-mail precincts, determining voter
turnout, or other purposes in law for which the determining
factor is the number of registered voters. Election officials
shall not include persons who are ongoing absentee voters
under RCW 29A.40.040 in determining the maximum permissible size of vote-by-mail precincts or in determining the
maximum permissible size of precincts. Nothing in this subsection may be construed as altering the vote tallying requirements of RCW 29A.60.230. [2003 c 111 § 210; 1994 c 57 §
40. Formerly RCW 29.10.081.]
29A.08.130
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29A.08.135 Updating information. The county auditor shall acknowledge each new voter registration or transfer
by providing or sending the voter a card identifying his or her
current precinct and containing such other information as
may be prescribed by the secretary of state. When a person
who has previously registered to vote in another state applies
for voter registration, the person shall provide on the registration form, all information needed to cancel any previous registration. Notification must be made to the state elections
office of the applicant’s previous state of registration. A
county auditor receiving official information that a voter has
registered to vote in another state shall immediately cancel
that voter’s registration on the official state voter registration
list. [2004 c 267 § 111; 2003 c 111 § 211; 2001 c 41 § 6;
1975 1st ex.s. c 184 § 1; 1973 c 153 § 2. Formerly RCW
29.07.092.]
29A.08.135
Effective dates—2004 c 267: See note following RCW 29A.08.651.
Severability—1975 1st ex.s. c 184: "If any provision of this 1975
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975 1st ex.s. c 184 § 5.]
29A.08.140 Closing files—Notice. The registration
files of all precincts shall be closed against transfers for thirty
days immediately preceding every primary, special election,
and general election to be held in such precincts.
The county auditor shall give notice of the closing of the
precinct files for transfer and notice of the special registration
and voting procedure provided by RCW 29A.08.145 by one
29A.08.140
[Title 29A RCW—page 17]
29A.08.145
Title 29A RCW: Elections
publication in a newspaper of general circulation in the
county at least five days before the closing of the precinct
files.
No person may vote at any primary, special election, or
general election in a precinct polling place unless he or she
has registered to vote at least thirty days before that primary
or election and appears on the official statewide voter registration list. If a person, otherwise qualified to vote in the
state, county, and precinct in which he or she applies for registration, does not register at least thirty days before any primary, special election, or general election, he or she may register and vote by absentee ballot for that primary or election
under RCW 29A.08.145. [2006 c 97 § 1; 2004 c 267 § 112;
2003 c 111 § 212. Prior: 1993 c 383 § 2; 1980 c 3 § 4; 1974
ex.s. c 127 § 4; 1971 ex.s. c 202 § 20; 1965 c 9 § 29.07.160;
prior: 1947 c 68 § 2; 1933 c 1 § 9; Rem. Supp. 1947 § 51149. Formerly RCW 29.07.160.]
Effective dates—2004 c 267: See note following RCW 29A.08.651.
29A.08.145 Late registration—Special procedure.
This section establishes a special procedure which an elector
not registered in the state may use to register to vote during
the period beginning after the closing of registration for voting at the polls under RCW 29A.08.140 and ending on the fifteenth day before a primary, special election, or general election. A qualified elector in the state may register to vote in
person in the office of the county auditor of the county in
which the applicant resides, or at a voter registration location
specifically designated for this purpose by the county auditor
or secretary of state, and apply for an absentee ballot for that
primary or election. The auditor or registration assistant shall
register that individual in the manner provided in this chapter.
The application for an absentee ballot executed by the newly
registered voter for the primary or election that follows the
execution of the registration shall be promptly transmitted to
the auditor with the completed voter registration form. [2006
c 97 § 2; 2005 c 246 § 10; 2004 c 267 § 113; 2003 c 111 §
213; 1993 c 383 § 1. Formerly RCW 29.07.152.]
29A.08.145
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: See note following RCW 29A.08.651.
29A.08.150 Expense of registration. The expense of
registration in all rural precincts must be paid by the county.
The expense of registration in all precincts lying wholly
within a city or town must be paid by the city or town. Registration expenses for this section include both active and
inactive voters. [2003 c 111 § 214; 1965 c 9 § 29.07.030.
Prior: 1939 c 82 § 1, part; 1933 c 1 § 4, part; RRS § 5114-4,
part; prior: 1891 c 104 § 4; RRS § 5119. Formerly RCW
29.07.030.]
29A.08.150
29A.08.161 No link between voter and ballot choice.
No record may be created or maintained by a state or local
governmental agency or a political organization that identifies a voter with the information marked on the voter’s ballot,
including the choice that a voter makes on a partisan primary
ballot regarding political party affiliation. [2004 c 271 §
107.]
29A.08.161
Record of participation: RCW 29A.44.231.
[Title 29A RCW—page 18]
29A.08.166 Party affiliation not required. Under no
circumstances may an individual be required to affiliate with,
join, adhere to, express faith in, or declare a preference for, a
political party or organization upon registering to vote. [2004
c 271 § 108.]
29A.08.166
FORMS
29A.08.210 Application—Information required—
Warning. An applicant for voter registration shall complete
an application providing the following information concerning his or her qualifications as a voter in this state:
(1) The address of the last former registration of the
applicant as a voter in the state;
(2) The applicant’s full name;
(3) The applicant’s date of birth;
(4) The address of the applicant’s residence for voting
purposes;
(5) The mailing address of the applicant if that address is
not the same as the address in subsection (4) of this section;
(6) The sex of the applicant;
(7) The applicant’s Washington state driver’s license
number or Washington state identification card number, or
the last four digits of the applicant’s Social Security number
if he or she does not have a Washington state driver’s license
or Washington state identification card;
(8) A check box for the applicant to indicate that he or
she does not have a Washington state driver’s license, Washington state identification card, or Social Security number;
(9) A check box allowing the applicant to indicate that he
or she is a member of the armed forces, national guard, or
reserves, or that he or she is an overseas voter;
(10) A check box allowing the applicant to confirm that
he or she is at least eighteen years of age;
(11) Clear and conspicuous language, designed to draw
the applicant’s attention, stating that the applicant must be a
United States citizen in order to register to vote;
(12) A check box and declaration confirming that the
applicant is a citizen of the United States;
(13) The following warning:
"If you knowingly provide false information on this
voter registration form or knowingly make a false declaration
about your qualifications for voter registration you will have
committed a class C felony that is punishable by imprisonment for up to five years, a fine of up to ten thousand dollars,
or both."
(14) The following affirmation by the applicant:
"By signing this document, I hereby assert, under penalty of perjury, that I am legally eligible to vote. If I am
found to have voted illegally, I may be prosecuted and/or
fined for this illegal act. In addition, I hereby acknowledge
that my name and last known address will be forwarded to the
appropriate state and/or federal authorities if I am found to
have voted illegally."
(15) The oath required by RCW 29A.08.230 and a space
for the applicant’s signature; and
(16) Any other information that the secretary of state
determines is necessary to establish the identity of the applicant and prevent duplicate or fraudulent voter registrations.
This information shall be recorded on a single registration form to be prescribed by the secretary of state.
29A.08.210
(2008 Ed.)
Voters and Registration
If the applicant fails to provide the information required
for voter registration, the auditor shall send the applicant a
verification notice. The applicant may not be registered until
the required information is provided. If a verification notice
is returned as undeliverable or the applicant fails to respond
to the notice within forty-five days, the applicant shall not be
registered to vote. [2005 c 246 § 11; 2003 c 111 § 216; 1994
c 57 § 11; 1990 c 143 § 7; 1973 1st ex.s. c 21 § 3; 1971 ex.s.
c 202 § 9; 1965 c 9 § 29.07.070. Prior: 1947 c 68 § 3, part;
1933 c 1 § 11, part; Rem. Supp. 1947 § 5114-11, part; prior:
1921 c 177 § 7, part; 1915 c 16 § 8, part; 1901 c 135 § 4, part;
1893 c 45 § 3, part; 1889 p 416 § 8, part; RRS § 5126, part.
Formerly RCW 29.07.070.]
Effective date—2005 c 246: See note following RCW 10.64.140.
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Effective date—1990 c 143 §§ 1-8: See note following RCW
29A.08.340.
Civil disabilities of wife abolished: RCW 26.16.160.
Civil rights
loss of: State Constitution Art. 6 § 3, RCW 29A.08.520.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
Copy of instrument restoring civil rights as evidence: RCW 5.44.090.
Qualifications of electors: State Constitution Art. 6 § 1 (Amendment 5).
Residence defined: RCW 29A.04.151.
Subversive activities as disqualification for voting: RCW 9.81.040.
29A.08.220 Application—Format—Production. (1)
The secretary of state shall specify by rule the format of all
voter registration applications. These applications shall be
compatible with existing voter registration records. An applicant for voter registration shall be required to complete only
one application and to provide the required information other
than his or her signature no more than one time. These applications shall also contain information for the voter to transfer
his or her registration.
Any application format specified by the secretary for use
in registering to vote in state and local elections shall satisfy
the requirements of the National Voter Registration Act of
1993 (P.L. 103-31) and the Help America Vote Act of 2002
(P.L. 107-252) for registering to vote in federal elections.
(2) All registration applications required under RCW
29A.08.210 and 29A.08.340 shall be produced and furnished
by the secretary of state to the county auditors and the department of licensing. [2004 c 267 § 115; 2003 c 111 § 217.
Prior: 1994 c 57 § 18; 1990 c 143 § 9; 1973 1st ex.s. c 21 §
7; 1971 ex.s. c 202 § 18; 1965 c 9 § 29.07.140; prior: (i) 1933
c 1 § 30; RRS § 5114-30. (ii) 1933 c 1 § 13, part; RRS §
5114-13, part. Formerly RCW 29.07.140.]
29A.08.220
Effective dates—2004 c 267: See note following RCW 29A.08.651.
Severability—1994 c 57: See note following RCW 10.64.021.
29A.08.230 Oath of applicant. For all voter registrations, the registrant shall sign the following oath:
29A.08.230
"I declare that the facts on this voter registration form are
true. I am a citizen of the United States, I am not presently
denied my civil rights as a result of being convicted of a felony, I will have lived in Washington at this address for thirty
days immediately before the next election at which I vote,
(2008 Ed.)
29A.08.310
and I will be at least eighteen years old when I vote." [2003
c 111 § 218; 1994 c 57 § 12; 1990 c 143 § 8; 1973 1st ex.s. c
21 § 4; 1971 ex.s. c 202 § 10; 1965 c 9 § 29.07.080. Prior:
1933 c 1 § 12; RRS § 5114-12. Formerly RCW 29.07.080.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Effective date—1990 c 143 §§ 1-8: See note following RCW
29A.08.340.
Civil rights
loss of: State Constitution Art. 6 § 3, RCW 29A.08.520.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
29A.08.250 Furnished by secretary of state. The secretary of state shall furnish registration forms necessary to
carry out the registration of voters as provided by this chapter
without cost to the respective counties. [2005 c 246 § 13;
2004 c 267 § 117; 2003 c 111 § 220; 2001 c 41 § 8; 1999 c
298 § 7; 1993 c 434 § 8. Formerly RCW 29.08.080.]
29A.08.250
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: See note following RCW 29A.08.651.
29A.08.260 Supply and distribution. The county
auditor shall distribute forms by which a person may register
to vote by mail and transfer any previous registration in this
state. The county auditor shall keep a supply of voter registration forms in his or her office at all times for political parties and others interested in assisting in voter registration, and
shall make every effort to make these forms generally available to the public. The county auditor shall provide voter registration forms to city and town clerks, state offices, schools,
fire stations, and any other locations considered appropriate
by the auditor or secretary of state for extending registration
opportunities to all areas of the county. After the initial distribution of voter registration forms to a given location, a representative designated by the official in charge of that location shall notify the county auditor of the need for additional
voter registration supplies. [2004 c 267 § 118; 2003 c 111 §
221. Prior: 1993 c 434 § 4. Formerly RCW 29.08.040.]
29A.08.260
Effective dates—2004 c 267: See note following RCW 29A.08.651.
MOTOR VOTER AND REGISTRATION
AT STATE AGENCIES
29A.08.310 Voter registration in state offices, colleges. (1) The governor, in consultation with the secretary of
state, shall designate agencies to provide voter registration
services in compliance with federal statutes.
(2) Each state agency designated shall provide voter registration services for employees and the public within each
office of that agency.
(3) The secretary of state shall design and provide a standard notice informing the public of the availability of voter
registration, which notice shall be posted in each state agency
where such services are available.
(4) The secretary of state shall design and provide standard voter registration forms for use by these state agencies.
(5) Each institution of higher education shall put in place
an active prompt on its course registration web site, or similar
web site that students actively and regularly use, that, if
selected, will link the student to the secretary of state’s voter
29A.08.310
[Title 29A RCW—page 19]
29A.08.320
Title 29A RCW: Elections
registration web site. The prompt must ask the student if he
or she wishes to register to vote. [2003 c 111 § 222; 2002 c
185 § 3; 1994 c 57 § 10; 1984 c 211 § 2. Formerly RCW
29.07.025.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Intent—1984 c 211: "It is the intention of the legislature, in order to
encourage the broadest possible participation in the electoral process by the
citizens of the state of Washington, to make voter registration services available in state offices which have significant contact with the public." [1984 c
211 § 1.]
29A.08.320 Registration or transfer at designated
agencies—Form and application. (1) A person may register to vote or transfer a voter registration when he or she
applies for service or assistance and with each renewal, recertification, or change of address at agencies designated under
RCW 29A.08.310.
(2) A prospective applicant shall initially be offered a
form approved by the secretary of state designed to determine
whether the person wishes to register to vote. The form must
comply with all applicable state and federal statutes regarding content.
The form shall also contain a box that may be checked by
the applicant to indicate that he or she declines to register.
If the person indicates an interest in registering or has
made no indication as to a desire to register or not register to
vote, the person shall be given a mail-in voter registration
application or a prescribed agency application as provided by
RCW 29A.08.330. [2004 c 267 § 119; 2004 c 266 § 7; 2003
c 111 § 223. Prior: 1994 c 57 § 27. Formerly RCW
29.07.430.]
29A.08.320
Reviser’s note: This section was amended by 2004 c 266 § 7 and by
2004 c 267 § 119, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective dates—2004 c 267: See note following RCW 29A.08.651.
Effective date—2004 c 266: See note following RCW 29A.04.575.
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29A.08.330 Registration at designated agencies—
Procedures. (1) The secretary of state shall prescribe the
method of voter registration for each designated agency. The
agency shall use either the state voter registration by mail
form with a separate declination form for the applicant to
indicate that he or she declines to register at this time, or the
agency may use a separate form approved for use by the secretary of state.
(2) The person providing service at the agency shall offer
voter registration services to every client whenever he or she
applies for service or assistance and with each renewal, recertification, or change of address. The person providing service shall give the applicant the same level of assistance with
the voter registration application as is offered to fill out the
agency’s forms and documents, including information about
age and citizenship requirements for voter registration.
(3) The person providing service at the agency shall
determine if the prospective applicant wants to register to
vote or transfer his or her voter registration by asking the following question:
29A.08.330
[Title 29A RCW—page 20]
"Do you want to register to vote or transfer your voter
registration?"
If the applicant chooses to register or transfer a registration, the service agent shall ask the following:
(a) "Are you a United States citizen?"
(b) "Are you or will you be eighteen years of age on or
before the next election?"
If the applicant answers in the affirmative to both questions, the agent shall then provide the applicant with a voter
registration form and instructions and shall record that the
applicant has requested to register to vote or transfer a voter
registration. If the applicant answers in the negative to either
question, the agent shall not provide the applicant with a
voter registration form.
(4) If an agency uses a computerized application process,
it may, in consultation with the secretary of state, develop
methods to capture simultaneously the information required
for voter registration during a person’s computerized application process.
(5) Each designated agency shall provide for the voter
registration application forms to be collected from each
agency office at least once each week. The agency shall then
forward the application forms to the secretary of state each
week. The secretary of state shall forward the forms to the
county in which the applicant has registered to vote no later
than ten days after the date on which the forms were received
by the secretary of state. [2005 c 246 § 14; 2003 c 111 § 224.
Prior: 2001 c 41 § 7; 1994 c 57 § 28. Formerly RCW
29.07.440.]
Effective date—2005 c 246: See note following RCW 10.64.140.
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29A.08.340 Registration with driver’s license application or renewal. (1) A person may register to vote, transfer a voter registration, or change his or her name for voter
registration purposes when he or she applies for or renews a
driver’s license or identification card under chapter 46.20
RCW.
(2) To register to vote, transfer his or her voter registration, or change his or her name for voter registration purposes
under this section, the applicant shall provide the information
required by RCW 29A.08.210.
(3) The driver licensing agent shall record that the applicant has requested to register to vote or transfer a voter registration. [2003 c 111 § 225; 2001 c 41 § 16; 1999 c 298 § 6;
1994 c 57 § 21; 1990 c 143 § 1. Formerly RCW 29.07.260.]
29A.08.340
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Effective date—1990 c 143 §§ 1-8: "Sections 1 through 8 of this act
shall take effect January 1, 1992." [1990 c 143 § 13.]
Civil rights
loss of: State Constitution Art. 6 § 3, RCW 29A.08.520.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
Driver licensing agents duties regarding voter registration: RCW
46.20.155.
29A.08.350 Duties of secretary of state, department
of licensing, county auditors. (1) The secretary of state
29A.08.350
(2008 Ed.)
Voters and Registration
shall provide for the voter registration forms submitted under
RCW 29A.08.340 to be collected from each driver’s licensing facility within five days of their completion.
(2) The department of licensing shall produce and transmit to the secretary of state a machine-readable file containing the following information from the records of each individual who requested a voter registration or transfer at a
driver’s license facility during each period for which forms
are transmitted under subsection (1) of this section: The
name, address, date of birth, gender of the applicant, the
driver’s license number, the date on which the application for
voter registration or transfer was submitted, and the location
of the office at which the application was submitted.
(3) The voter registration forms from the driver’s licensing facilities must be forwarded to the county in which the
applicant has registered to vote no later than ten days after the
date on which the forms were to be collected.
(4) For a voter registration application where the address
for voting purposes is different from the address in the
machine-readable file received from the department of
licensing, the secretary of state shall amend the record of that
application in the machine-readable file to reflect the county
in which the applicant has registered to vote.
(5) The secretary of state shall sort the records in the
machine-readable file according to the county in which the
applicant registered to vote and produce a file of voter registration transactions for each county. The records of each
county may be transmitted on or through whatever medium
the county auditor determines will best facilitate the incorporation of these records into the existing voter registration files
of that county.
(6) The secretary of state shall produce a list of voter registration transactions for each county and transmit a copy of
this list to that county with each file of voter registration
transactions no later than ten days after the date on which that
information was to be transmitted under subsection (1) of this
section. [2004 c 267 § 120; 2003 c 111 § 226; 1994 c 57 § 22;
1990 c 143 § 2. Formerly RCW 29.07.270.]
Effective dates—2004 c 267: See note following RCW 29A.08.651.
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Effective date—1990 c 143 §§ 1-8: See note following RCW
29A.08.340.
29A.08.430
registration and send the voter an acknowledgement notice of
the transfer. [2004 c 267 § 121; 2003 c 111 § 227.]
Effective dates—2004 c 267: See note following RCW 29A.08.651.
TRANSFERS AND NAME CHANGES
29A.08.410 Address change within county—Transfer by telephone. To maintain a valid voter registration, a
registered voter who changes his or her residence from one
address to another within the same county shall transfer his or
her registration to the new address in one of the following
ways: (1) Sending to the county auditor a signed request stating the voter’s present address and the address from which
the voter was last registered; (2) appearing in person before
the auditor and signing such a request; (3) transferring the
registration in the manner provided by RCW 29A.08.430; or
(4) telephoning the county auditor to transfer the registration.
The telephone call transferring a registration by telephone
must be received by the auditor before the precinct registration files are closed to new registrations for the next primary
or special or general election in which the voter participates.
[2003 c 111 § 228; 1994 c 57 § 35; 1991 c 81 § 23; 1975 1st
ex.s. c 184 § 2; 1971 ex.s. c 202 § 24; 1965 c 9 § 29.10.020.
Prior: 1955 c 181 § 4; prior: 1933 c 1 § 14, part; RRS §
5114-14, part; prior: 1919 c 163 § 9, part; 1915 c 16 § 9, part;
1889 p 417 § 12, part; RRS § 5129, part. Formerly RCW
29.10.020.]
29A.08.410
Severability—1994 c 57: See note following RCW 10.64.021.
Effective date—1991 c 81: See note following RCW 29A.84.540.
Severability—1975 1st ex.s. c 184: See note following RCW
29A.08.135.
29A.08.420 Transfer to another county. A registered
voter who changes his or her residence from one county to
another county must do so in writing using a prescribed voter
registration form. The county auditor of the voter’s new
county shall transfer the voter’s registration from the county
of the previous registration. [2004 c 267 § 122; 2003 c 111 §
229; 1999 c 100 § 3; 1994 c 57 § 36; 1991 c 81 § 24; 1977
ex.s. c 361 § 26; 1971 ex.s. c 202 § 26; 1965 c 9 § 29.10.040.
Prior: 1933 c 1 § 15; RRS § 5114-15. Formerly RCW
29.10.040.]
29A.08.420
Effective dates—2004 c 267: See note following RCW 29A.08.651.
Severability—1994 c 57: See note following RCW 10.64.021.
29A.08.360 Address changes at department of licensing. (1) The department of licensing shall provide information on all persons changing their address on change of
address forms submitted to the department unless the voter
has indicated that the address change is not for voting purposes. This information will be transmitted to the secretary
of state each week in a machine-readable file containing the
following information on persons changing their address:
The name, address, date of birth, gender of the applicant, the
applicant’s driver’s license number, the applicant’s former
address, the county code for the applicant’s former address,
and the date that the request for address change was received.
(2) The secretary of state shall forward this information
to the appropriate county each week. When the information
indicates that the voter has moved, the county auditor shall
use the change of address information to transfer the voter’s
29A.08.360
(2008 Ed.)
Effective date—1991 c 81: See note following RCW 29A.84.540.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
29A.08.430 Transfer on election day. (1) A person
who is registered to vote in this state may transfer his or her
voter registration on the day of a special or general election or
primary under the following procedures:
(a) The voter may complete, at the polling place, a voter
registration form designed by the secretary of state and supplied by the county auditor; or
(b) For a change within the county, the voter may write
in his or her new residential address in the precinct list of registered voters.
The county auditor shall determine which of these two
procedures are to be used in the county or may determine that
29A.08.430
[Title 29A RCW—page 21]
29A.08.440
Title 29A RCW: Elections
both procedures are to be available to voters for use in the
county.
(2) A voter who transfers his or her registration in the
manner authorized by this section shall vote in the precinct in
which he or she was previously registered.
(3) The auditor shall, within sixty days, mail to each
voter who has transferred a registration under this section, an
acknowledgement notice detailing his or her current precinct
and polling place. [2004 c 267 § 123; 2003 c 111 § 230.
Prior: 1991 c 81 § 28; 1979 c 96 § 1. Formerly RCW
29.10.170.]
Effective dates—2004 c 267: See note following RCW 29A.08.651.
Effective date—1991 c 81: See note following RCW 29A.84.540.
29A.08.440 Voter name change. To maintain a valid
voter registration, a person who changes his or her name shall
notify the county auditor regarding the name change in one of
the following ways: (1) By sending the auditor a notice
clearly identifying the name under which he or she is registered to vote, the voter’s new name, and the voter’s residence.
Such a notice must be signed by the voter using both this
former name and the voter’s new name; (2) by appearing in
person before the auditor or a registration assistant and signing such a change-of-name notice; (3) by signing such a
change-of-name notice at the voter’s precinct polling place
on the day of a primary or special or general election; (4) by
properly executing a name change on a mail-in registration
application or a prescribed state agency application.
A properly registered voter who files a change-of-name
notice at the voter’s precinct polling place during a primary
or election and who desires to vote at that primary or election
shall sign the poll book using the voter’s former and new
names in the same manner as is required for the change-ofname notice. [2003 c 111 § 231; 1994 c 57 § 37; 1991 c 81 §
25. Formerly RCW 29.10.051.]
29A.08.440
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Effective date—1991 c 81: See note following RCW 29A.84.540.
CANCELLATIONS
29A.08.510 Death. In addition to case-by-case maintenance under RCW 29A.08.620 and 29A.08.630 and the general program of maintenance of voter registration lists under
RCW 29A.08.605, deceased voters will be canceled from
voter registration lists as follows:
(1) Periodically, the registrar of vital statistics of the state
shall prepare a list of persons who resided in each county, for
whom a death certificate was transmitted to the registrar and
was not included on a previous list, and shall supply the list to
the secretary of state.
The secretary of state shall compare this list with the registration records and cancel the registrations of deceased voters within at least forty-five days before the next primary or
election.
(2) In addition, each county auditor may also use newspaper obituary articles as a source of information in order to
cancel a voter’s registration from the official state voter registration list. The auditor must verify the identity of the voter
by matching the voter’s date of birth or an address. The audi29A.08.510
[Title 29A RCW—page 22]
tor shall record the date and source of the obituary in the cancellation records.
(3) In addition, any registered voter may sign a statement, subject to the penalties of perjury, to the effect that to
his or her personal knowledge or belief another registered
voter is deceased. This statement may be filed with the
county auditor or the secretary of state. Upon the receipt of
such signed statement, the county auditor or the secretary of
state shall cancel the registration records concerned from the
official state voter registration list. [2004 c 267 § 124; 2003
c 111 § 232; 1999 c 100 § 1; 1994 c 57 § 41; 1983 c 110 § 1;
1971 ex.s. c 202 § 29; 1965 c 9 § 29.10.090. Prior: 1961 c 32
§ 1; 1933 c 1 § 20; RRS § 5114-20. Formerly RCW
29.10.090.]
Effective dates—2004 c 267: See note following RCW 29A.08.651.
Severability—1994 c 57: See note following RCW 10.64.021.
29A.08.515 Incapacitation, guardianship. Upon
receiving official notice that a court has imposed a guardianship for an incapacitated person and has determined that the
person is incompetent for the purpose of rationally exercising
the right to vote, under chapter 11.88 RCW, if the incapacitated person is a registered voter in the county, the county
auditor shall cancel the incapacitated person’s voter registration. [2004 c 267 § 125.]
29A.08.515
Effective dates—2004 c 267: See note following RCW 29A.08.651.
29A.08.520 Felony conviction—Restoration of voting
rights. (1) Upon receiving official notice of a person’s conviction of a felony in either state or federal court, if the convicted person is a registered voter in the county, the county
auditor shall cancel the defendant’s voter registration. Additionally, the secretary of state in conjunction with the department of corrections, the Washington state patrol, the office of
the administrator for the courts, and other appropriate state
agencies shall arrange for a quarterly comparison of a list of
known felons with the statewide voter registration list. If a
person is found on a felon list and the statewide voter registration list, the secretary of state or county auditor shall confirm the match through a date of birth comparison and suspend the voter registration from the official state voter registration list. The canceling authority shall send to the person
at his or her last known voter registration address a notice of
the proposed cancellation and an explanation of the requirements for restoring the right to vote once all terms of sentencing have been completed. If the person does not respond
within thirty days, the registration must be canceled.
(2) The right to vote may be restored by, for each felony
conviction, one of the following:
(a) A certificate of discharge issued by the sentencing
court, as provided in RCW 9.94A.637;
(b) A court order restoring the right, as provided in RCW
9.92.066;
(c) A final order of discharge issued by the indeterminate
sentence review board, as provided in RCW 9.96.050; or
(d) A certificate of restoration issued by the governor, as
provided in RCW 9.96.020. [2005 c 246 § 15; 2004 c 267 §
126; 2003 c 111 § 233. Prior: 1994 c 57 § 42. Formerly
RCW 29.10.097.]
29A.08.520
Effective date—2005 c 246: See note following RCW 10.64.140.
(2008 Ed.)
Voters and Registration
Effective dates—2004 c 267: See note following RCW 29A.08.651.
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Restoration of civil rights: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260,
chapter 9.96 RCW.
29A.08.540
29A.08.540 Records preservation. Registration
records of persons whose voter registrations have been canceled as authorized under this title must be preserved in the
manner prescribed by rule by the secretary of state. Information from such canceled registration records is available for
public inspection and copying to the same extent established
by RCW 29A.08.710 for other voter registration information.
[2004 c 267 § 127; 2003 c 111 § 235. Prior: 1991 c 81 § 26;
1971 ex.s. c 202 § 32; 1965 ex.s. c 156 § 1; 1965 c 9 §
29.10.110; prior: 1961 c 32 § 2; 1947 c 85 § 5; 1933 c 1 § 21;
Rem. Supp. 1947 § 5114-21. Formerly RCW 29.10.110.]
Effective dates—2004 c 267: See note following RCW 29A.08.651.
Effective date—1991 c 81: See note following RCW 29A.84.540.
LIST MAINTENANCE
29A.08.605
29A.08.605 Registration list maintenance. In addition
to the case-by-case maintenance required under RCW
29A.08.620 and 29A.08.630 and the canceling of registrations under RCW 29A.08.510, the secretary of state and the
county auditor shall cooperatively establish a general program of voter registration list maintenance. This program
must be a thorough review that is applied uniformly throughout the county and must be nondiscriminatory in its application. Any program established must be completed at least
once every two years and not later than ninety days before the
date of a primary or general election for federal office. This
obligation may be fulfilled in one of the following ways:
(1) The secretary of state may enter into one or more
contracts with the United States postal service, or its licensee,
which permit the use of postal service change-of-address
information. If the change of address information is received
from the United States postal service that indicates that a
voter has changed his or her residence address within the
state, the auditor shall transfer the registration of that voter
and send a confirmation notice informing the voter of the
transfer to the new address;
(2) A direct, nonforwardable, nonprofit or first-class
mailing to every registered voter bearing the postal endorsement "Return Service Requested." If address correction
information for a voter is received by the county auditor after
this mailing, the auditor shall place that voter on inactive status and shall send to the voter a confirmation notice;
(3) Any other method approved by the secretary of state.
[2004 c 267 § 128; 2003 c 111 § 236. Prior: 1999 c 100 § 2;
1994 c 57 § 44; prior: 1993 c 434 § 10; 1993 c 417 § 8; 1991
c 363 § 31; 1989 c 261 § 1; 1987 c 359 § 1. Formerly RCW
29.10.180.]
Effective dates—2004 c 267: See note following RCW 29A.08.651.
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
(2008 Ed.)
29A.08.620
29A.08.610 Dual registration or voting detection. In
addition to the case-by-case cancellation procedure required
in RCW 29A.08.420, the secretary of state, shall conduct an
ongoing list maintenance program designed to detect persons
registered in more than one county or voting in more than one
county in an election. This program must be applied uniformly throughout the state and must be nondiscriminatory in
its application. The program must be completed not later
than thirty days before the date of a primary or general election.
The office of the secretary of state shall search the statewide voter registration list to find registered voters with the
same date of birth and similar names. The secretary of state
shall compare the signatures on each voter registration record
and after confirming that a duplicate registration exists properly resolve the duplication.
If a voter is suspected of voting in two or more counties
in an election, the county auditors in each county shall cooperate without delay to determine the voter’s county of residence. The county auditor of the county of residence of the
voter suspected of voting in two or more counties shall take
action under RCW 29A.84.010 without delay. [2004 c 267 §
129; 2003 c 111 § 237; 2001 c 41 § 10; 1999 c 100 § 4. Formerly RCW 29.10.185.]
29A.08.610
Effective dates—2004 c 267: See note following RCW 29A.08.651.
29A.08.615 "Active," "inactive" registered voters.
Registered voters are divided into two categories, "active"
and "inactive." All registered voters are classified as active,
unless assigned to inactive status by the county auditor.
[2003 c 111 § 238. Prior: 1994 c 57 § 34. Formerly RCW
29.10.015.]
29A.08.615
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29A.08.620 Assignment of voter to inactive status—
Confirmation notice. (1) A county auditor shall assign a
registered voter to inactive status and shall send the voter a
confirmation notice if any of the following documents are
returned by the postal service as undeliverable:
(a) An acknowledgement of registration;
(b) An acknowledgement of transfer to a new address;
(c) A vote-by-mail ballot, absentee ballot, or application
for a ballot;
(d) Notification to a voter after precinct reassignment;
(e) Notification to serve on jury duty; or
(f) Any other document other than a confirmation notice,
required by statute, to be mailed by the county auditor to the
voter.
(2) A county auditor shall also assign a registered voter
to inactive status and shall send the voter a confirmation
notice:
(a) Whenever change of address information received
from the department of licensing under RCW 29A.08.350, or
by any other agency designated to provide voter registration
services under RCW 29A.08.310, indicates that the voter has
moved to an address outside the state; or
(b) If the auditor receives postal change of address information under RCW 29A.08.605, indicating that the voter has
moved out of the state. [2004 c 267 § 130; 2004 c 266 § 8;
29A.08.620
[Title 29A RCW—page 23]
29A.08.625
Title 29A RCW: Elections
2003 c 111 § 239. Prior: 1994 c 57 § 38. Formerly RCW
29.10.071.]
Reviser’s note: This section was amended by 2004 c 266 § 8 and by
2004 c 267 § 130, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective dates—2004 c 267: See note following RCW 29A.08.651.
Effective date—2004 c 266: See note following RCW 29A.04.575.
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
voter confirm that he or she continues to reside at the address
of record and desires to continue to use that address for voting purposes. The notice must inform the voter that if the
voter does not respond to the notice and does not vote in
either of the next two federal elections, his or her voter registration will be canceled. [2003 c 111 § 242. Prior: 1994 c 57
§ 45. Formerly RCW 29.10.200.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29A.08.640 Confirmation notice—Response, auditor’s action. If the response to the confirmation notice provides the county auditor with the information indicating that
the voter has moved within the county, the auditor shall transfer the voter’s registration. If the response indicates a move
out of a county, but within the state, the auditor shall place the
registration in inactive status for transfer pending acceptance
by the county indicated by the new address. The auditor shall
immediately notify the auditor of the county with the new
address. If the response indicates that the voter has left the
state, the auditor shall cancel the voter’s registration on the
official state voter registration list. [2004 c 267 § 132; 2003
c 111 § 243. Prior: 1994 c 57 § 46. Formerly RCW
29.10.210.]
29A.08.640
29A.08.625 Voting by inactive or canceled voters. (1)
A voter whose registration has been made inactive under this
chapter and who offers to vote at an ensuing election before
two federal elections have been held must be allowed to vote
a regular ballot and the voter’s registration restored to active
status.
(2) A voter whose registration has been properly canceled under this chapter shall vote a provisional ballot. The
voter shall mark the provisional ballot in secrecy, the ballot
placed in a security envelope, the security envelope placed in
a provisional ballot envelope, and the reasons for the use of
the provisional ballot noted.
(3) Upon receipt of such a voted provisional ballot the
auditor shall investigate the circumstances surrounding the
original cancellation. If he or she determines that the cancellation was in error, the voter’s registration must be immediately reinstated, and the voter’s provisional ballot must be
counted. If the original cancellation was not in error, the
voter must be afforded the opportunity to reregister at his or
her correct address, and the voter’s provisional ballot must
not be counted. [2003 c 111 § 240; 1994 c 57 § 47. Formerly
RCW 29.10.220.]
29A.08.625
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29A.08.630 Return of inactive voter to active status—Cancellation of registration. The county auditor shall
return an inactive voter to active voter status if, during the
period beginning on the date the voter was assigned to inactive status and ending on the day of the second general election for federal office that occurs after the date that the voter
was sent a confirmation notice, the voter: Notifies the auditor
of a change of address within the county; responds to a confirmation notice with information that the voter continues to
reside at the registration address; votes or attempts to vote in
a primary or a special or general election and resides within
the county; or signs any petition authorized by statute for
which the signatures are required by law to be verified by the
county auditor or secretary of state. If the inactive voter fails
to provide such a notice or take such an action within that
period, the auditor shall cancel the person’s voter registration. [2004 c 267 § 131; 2003 c 111 § 241. Prior: 1994 c 57
§ 39. Formerly RCW 29.10.075.]
29A.08.630
Effective dates—2004 c 267: See note following RCW 29A.08.651.
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29A.08.635 Confirmation notices—Form, contents.
Confirmation notices must be on a form prescribed by, or
approved by, the secretary of state and must request that the
29A.08.635
[Title 29A RCW—page 24]
Effective dates—2004 c 267: See note following RCW 29A.08.651.
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29A.08.651 Voter registration database. (1) The
office of the secretary of state shall create and maintain a
statewide voter registration database. This database must be
a single, uniform, official, centralized, interactive computerized statewide voter registration list defined, maintained, and
administered at the state level that contains the name and registration information of every legally registered voter in the
state and assigns a unique identifier to each legally registered
voter in the state.
(2) The computerized list must serve as the single system
for storing and maintaining the official list of registered voters throughout the state.
(3) The computerized list must contain the name and registration information of every legally registered voter in the
state.
(4) Under the computerized list, a unique identifier is
assigned to each legally registered voter in the state.
(5) The computerized list must be coordinated with other
agency databases within the state, including but not limited to
the department of corrections, the department of licensing,
the department of health, the Washington state patrol, and the
office of the administrator for the courts. The computerized
list may also be coordinated with the databases of election
officials in other states.
(6) Any election officer in the state, including any local
election officer, may obtain immediate electronic access to
the information contained in the computerized list.
(7) All voter registration information obtained by any
local election officer in the state must be electronically
entered into the computerized list on an expedited basis at the
time the information is provided to the local officer.
(8) The chief state election officer shall provide support,
as may be required, so that local election officers are able to
29A.08.651
(2008 Ed.)
Voters and Registration
enter information as described in subsection (3) of this section.
(9) The computerized list serves as the official voter registration list for the conduct of all elections.
(10) The secretary of state has data authority on all voter
registration data.
(11) The voter registration database must be designed to
accomplish at a minimum, the following:
(a) Comply with the Help America Vote Act of 2002
(P.L. 107-252);
(b) Identify duplicate voter registrations;
(c) Identify suspected duplicate voters;
(d) Screen against the department of corrections, the
Washington state patrol, and other appropriate state agency
databases to aid in the cancellation of voter registration of felons, of persons who have declined to serve on juries by virtue
of not being citizens of the United States, and of persons
determined to be legally incompetent to vote;
(e) Provide up-to-date signatures of voters for the purposes of initiative signature checking;
(f) Provide for a comparison between the voter registration database and the department of licensing change of
address database;
(g) Provide online access for county auditors with the
goal of real time duplicate checking and update capabilities;
and
(h) Provide for the cancellation of voter registration for
persons who have moved to other states and surrendered their
Washington state drivers’ licenses.
(12) In order to maintain the statewide voter registration
database, the secretary of state may, upon agreement with
other appropriate jurisdictions, screen against databases
maintained by election officials in other states and databases
maintained by federal agencies including, but not limited to,
the federal bureau of investigation, the federal court system,
the federal bureau of prisons, and the bureau of citizenship
and immigration services.
(13) The secretary of state shall retain information
regarding previous successful appeals of proposed cancellations of registrations in order to avoid repeated cancellations
for the same reason.
(14) The secretary of state must review and update the
records of all registered voters on the computerized list on a
quarterly basis to make additions and corrections. [2005 c
246 § 16; 2004 c 267 § 101.]
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: "(1) Sections 103, 104, and 115 through
118 of this act are necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and its existing
public institutions, and take effect immediately [March 31, 2004].
(2) Sections 119, 140, 201 through 203, 321, 401, 501, and 702 of this
act take effect July 1, 2004.
(3) Sections 301 through 320 of this act take effect January 1, 2005.
(4) Sections 101, 102, 105 through 114, 120 through 139, 601, 701, and
704 of this act take effect January 1, 2006." [2004 c 267 § 707.]
Department of licensing negative file: RCW 46.20.118.
PUBLIC ACCESS TO REGISTRATION RECORDS
29A.08.710 Originals and automated files. (1) The
county auditor shall have custody of the original voter registration records for each county. The original voter registra29A.08.710
(2008 Ed.)
29A.08.720
tion form must be filed without regard to precinct and is considered confidential and unavailable for public inspection and
copying. An automated file of all registered voters must be
maintained pursuant to RCW 29A.08.125. An auditor may
maintain the automated file in lieu of filing or maintaining the
original voter registration forms if the automated file includes
all of the information from the original voter registration
forms including, but not limited to, a retrievable facsimile of
each voter’s signature.
(2) The following information contained in voter registration records or files regarding a voter or a group of voters
is available for public inspection and copying, except as provided in RCW 40.24.060: The voter’s name, address, political jurisdiction, gender, date of birth, voting record, date of
registration, and registration number. No other information
from voter registration records or files is available for public
inspection or copying. [2005 c 246 § 17; 2004 c 267 § 133;
2003 c 111 § 246; 1994 c 57 § 17; 1991 c 81 § 21; 1971 ex.s.
c 202 § 17; 1965 c 9 § 29.07.130. Prior: 1933 c 1 § 13, part;
RRS § 5114-13, part. Formerly RCW 29.07.130.]
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: See note following RCW 29A.08.651.
Severability—1994 c 57: See note following RCW 10.64.021.
Effective date—1991 c 81: See note following RCW 29A.84.540.
29A.08.720
29A.08.720 Registration, voting records—As public
records—Information furnished—Restrictions, confidentiality. (1) In the case of voter registration records received
through the department of licensing, the identity of the office
at which any particular individual registered to vote is not
available for public inspection and shall not be disclosed to
the public. In the case of voter registration records received
through an agency designated under RCW 29A.08.310, the
identity of the agency at which any particular individual registered to vote is not available for public inspection and shall
not be disclosed to the public. Any record of a particular
individual’s choice not to register to vote at an office of the
department of licensing or a state agency designated under
RCW 29A.08.310 is not available for public inspection and
any information regarding such a choice by a particular individual shall not be disclosed to the public.
(2) Subject to the restrictions of RCW 29A.08.710, poll
books, precinct lists, and current lists of registered voters are
public records and must be made available for public inspection and copying under such reasonable rules and regulations
as the county auditor or secretary of state may prescribe. The
county auditor or secretary of state shall promptly furnish
current lists of registered voters in his or her possession, at
actual reproduction cost, to any person requesting such information. The lists shall not be used for the purpose of mailing
or delivering any advertisement or offer for any property,
establishment, organization, product, or service or for the
purpose of mailing or delivering any solicitation for money,
services, or anything of value. However, the lists and labels
may be used for any political purpose. The county auditor or
secretary of state must provide a copy of RCW 29A.08.740 to
the person requesting the material that is released under this
section. [2005 c 246 § 18; 2004 c 266 § 9; 2003 c 111 § 247;
1994 c 57 § 5; 1975-’76 2nd ex.s. c 46 § 1; 1974 ex.s. c 127 §
[Title 29A RCW—page 25]
29A.08.740
Title 29A RCW: Elections
2; 1973 1st ex.s. c 111 § 2; 1971 ex.s. c 202 § 3; 1965 ex.s. c
156 § 6. Formerly RCW 29.04.100.]
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective date—2004 c 266: See note following RCW 29A.04.575.
Severability—1994 c 57: See note following RCW 10.64.021.
Forms, secretary of state to design—Availability to public: RCW
29A.08.850.
Signature required to vote—Procedure if voter unable to sign name: RCW
29A.44.210.
29A.08.740 Violations of restricted use of registered
voter data—Penalties—Liabilities. (1) Any person who
uses registered voter data furnished under RCW 29A.08.720
for the purpose of mailing or delivering any advertisement or
offer for any property, establishment, organization, product,
or service or for the purpose of mailing or delivering any
solicitation for money, services, or anything of value is guilty
of a class C felony punishable by imprisonment in a state correctional facility for a period of not more than five years or a
fine of not more than ten thousand dollars or both such fine
and imprisonment, and is liable to each person provided such
advertisement or solicitation, without the person’s consent,
for the nuisance value of such person having to dispose of it,
which value is herein established at five dollars for each item
mailed or delivered to the person’s residence. However, a
person who mails or delivers any advertisement, offer, or
solicitation for a political purpose is not liable under this section unless the person is liable under subsection (2) of this
section. For purposes of this subsection, two or more
attached papers or sheets or two or more papers that are
enclosed in the same envelope or container or are folded
together are one item. Merely having a mailbox or other
receptacle for mail on or near the person’s residence is not an
indication that the person consented to receive the advertisement or solicitation. A class action may be brought to
recover damages under this section, and the court may award
a reasonable attorney’s fee to any party recovering damages
under this section.
(2) Each person furnished data under RCW 29A.08.720
shall take reasonable precautions designed to assure that the
data is not used for the purpose of mailing or delivering any
advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or
delivering any solicitation for money, services, or anything of
value. However, the data may be used for any political purpose. Where failure to exercise due care in carrying out this
responsibility results in the data being used for such purposes, then such person is jointly and severally liable for
damages under subsection (1) of this section along with any
other person liable under subsection (1) of this section for the
misuse of such data. [2005 c 246 § 19. Prior: 2003 c 111 §
249; 2003 c 53 § 176; 1999 c 298 § 2; 1992 c 7 § 32; 1974
ex.s. c 127 § 3; 1973 1st ex.s. c 111 § 4. Formerly RCW
29.04.120.]
29A.08.740
Effective date—2005 c 246: See note following RCW 10.64.140.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
29A.08.760 Computer file—Duplicate copy—
Restrictions and penalties. The secretary of state shall provide a duplicate copy of the master statewide computer file or
29A.08.760
[Title 29A RCW—page 26]
electronic data file of registered voters to the department of
information services for purposes of creating the jury source
list without cost. Restrictions as to the commercial use of the
information on the statewide computer tape or data file of
registered voters, and penalties for its misuse, shall be the
same as provided in RCW *29A.08.730 and 29A.08.740.
[2004 c 267 § 134; 2003 c 111 § 251; 1995 c 135 § 2. Prior:
1993 c 441 § 2; 1993 c 408 § 10; 1977 ex.s. c 226 § 1; 1975’76 2nd ex.s. c 46 § 3. Formerly RCW 29.04.160.]
*Reviser’s note: RCW 29A.08.730 was repealed by 2005 c 246 § 25,
effective January 1, 2006.
Effective dates—2004 c 267: See note following RCW 29A.08.651.
Intent—1995 c 135: "The only intent of the legislature in this act is to
correct multiple amendments and delete obsolete provisions. It is not the
intent of the legislature to change the substance or effect of any presently
effective statute." [1995 c 135 § 1.]
Effective date—1993 c 441: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 441 § 3.]
Severability—Effective dates—1993 c 408: See notes following
RCW 2.36.054.
29A.08.770 Records concerning accuracy and currency of voters lists. The secretary of state and each county
auditor shall maintain for at least two years and shall make
available for public inspection and copying all records concerning the implementation of programs and activities conducted for the purpose of insuring the accuracy and currency
of official lists of eligible voters. These records must include
lists of the names and addresses of all persons to whom
notices are sent and information concerning whether or not
each person has responded to the notices. These records must
contain lists of all persons removed from the list of eligible
voters and the reasons why the voters were removed. [2004
c 267 § 135; 2003 c 111 § 252. Prior: 1994 c 57 § 7. Formerly RCW 29.04.240.]
29A.08.770
Effective dates—2004 c 267: See note following RCW 29A.08.651.
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29A.08.775 Use and maintenance of statewide list.
Only voters who appear on the official statewide voter registration list are eligible to participate in elections. Each
county shall maintain a copy of that county’s portion of the
state list. The county must ensure that data used for the production of poll lists and other lists and mailings done in the
administration of each election are the same as the official
statewide voter registration list. [2005 c 246 § 20; 2004 c 267
§ 136.]
29A.08.775
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: See note following RCW 29A.08.651.
29A.08.780 State and county list interchange. Each
county shall ensure complete freedom of electronic access
and information transfer between the county’s election management and voter registration system and the secretary of
state’s official statewide voter registration list. [2004 c 267 §
137.]
29A.08.780
Effective dates—2004 c 267: See note following RCW 29A.08.651.
(2008 Ed.)
Voters and Registration
29A.08.785 Information services board, consultation. In developing the technical standards of data formats
for transferring voter registration data, the secretary shall
consult with the information services board. The board shall
review and make recommendations regarding proposed technical standards prior to implementation. [2004 c 267 § 140.]
29A.08.785
Effective dates—2004 c 267: See note following RCW 29A.08.651.
CHALLENGES
29A.08.810 Basis for challenging a voter’s registration—Who may bring a challenge—Challenger duties.
(1) Registration of a person as a voter is presumptive evidence of his or her right to vote. A challenge to the person’s
right to vote must be based on personal knowledge of one of
the following:
(a) The challenged voter has been convicted of a felony
and the voter’s civil rights have not been restored;
(b) The challenged voter has been judicially declared
ineligible to vote due to mental incompetency;
(c) The challenged voter does not live at the residential
address provided, in which case the challenger must either:
(i) Provide the challenged voter’s actual residence on the
challenge form; or
(ii) Submit evidence that he or she exercised due diligence to verify that the challenged voter does not reside at the
address provided and to attempt to contact the challenged
voter to learn the challenged voter’s actual residence, including that the challenger personally:
(A) Sent a letter with return service requested to the challenged voter’s residential address provided, and to the challenged voter’s mailing address, if provided;
(B) Visited the residential address provided and contacted persons at the address to determine whether the voter
resides at the address and, if not, obtained and submitted with
the challenge form a signed affidavit subject to the penalties
of perjury from a person who owns or manages property,
resides, or is employed at the address provided, that to his or
her personal knowledge the challenged voter does not reside
at the address as provided on the voter registration;
(C) Searched local telephone directories, including
online directories, to determine whether the voter maintains a
telephone listing at any address in the county;
(D) Searched county auditor property records to determine whether the challenged voter owns any property in the
county; and
(E) Searched the statewide voter registration database to
determine if the voter is registered at any other address in the
state;
(d) The challenged voter will not be eighteen years of
age by the next election; or
(e) The challenged voter is not a citizen of the United
States.
(2) A person’s right to vote may be challenged: By
another registered voter or the county prosecuting attorney at
any time, or by the poll site judge or inspector if the challenge
is filed on election day regarding a voter who presents himself or herself to vote at the poll site.
(3) The challenger must file a signed affidavit subject to
the penalties of perjury swearing that, to his or her personal
knowledge and belief, having exercised due diligence to per29A.08.810
(2008 Ed.)
29A.08.835
sonally verify the evidence presented, the challenged voter
either is not qualified to vote or does not reside at the address
given on his or her voter registration record based on one of
the reasons allowed in subsection (1) of this section. The
challenger must provide the factual basis for the challenge,
including any information required by subsection (1)(c) of
this section, in the signed affidavit. The challenge may not be
based on unsupported allegations or allegations by anonymous third parties. All documents pertaining to the challenge
are public records.
(4) Challenges based on a felony conviction under RCW
29A.08.520 must be heard according to RCW 29A.08.520
and rules adopted by the secretary of state. [2006 c 320 § 4;
2003 c 111 § 253. Prior: 2001 c 41 § 9; 1987 c 288 § 1; 1983
1st ex.s. c 30 § 2. Formerly RCW 29.10.125.]
Right to vote
loss of: State Constitution Art. 6 § 3, RCW 11.88.010, 11.88.090.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
29A.08.820 Times for filing challenges—Hearings—
Treatment of challenged ballots. (1) Challenges initiated
by a registered voter against a voter who registered to vote
less than sixty days before the election, or who changed residence less than sixty days before the election without transferring his or her registration, must be filed not later than ten
days before any primary or election, general or special, or
within ten days of the voter being added to the voter registration database, whichever is later, at the office of the appropriate county auditor. Challenges initiated by a registered voter
against any other voter must be filed not later than forty-five
days before the election. Challenges initiated by the office of
the county prosecuting attorney must be filed in the same
manner as challenges initiated by a registered voter.
(2)(a) If the challenge is filed within forty-five days
before an election at which the challenged voter is eligible to
vote, a notation of the challenge must be made immediately
in the poll book or voter registration system, and the county
canvassing board presides over the hearing.
(b) If the challenge is filed before the challenged voter’s
ballot is received, the ballot must be treated as a challenged
ballot. A challenged ballot received at a polling place must
be placed in a sealed envelope separate from other voted ballots.
(c) If the challenge is filed after the challenged voter’s
ballot is received, the challenge cannot affect the current
election.
(3) If the challenge is filed at least forty-five days before
an election at which the challenged voter is eligible to vote,
the county auditor presides over the hearing. [2006 c 320 § 5;
2003 c 111 § 254; 1987 c 288 § 2; 1983 1st ex.s. c 30 § 3.
Formerly RCW 29.10.127.]
29A.08.820
Right to vote
loss of: State Constitution Art. 6 § 3, RCW 11.88.010, 11.88.090.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
29A.08.835 County auditor to publish voter challenges on the internet—Ongoing notification requirements. The county auditor shall, within seventy-two hours
of receipt, publish on the auditor’s internet web site the entire
content of any voter challenge filed under chapter 29A.08
29A.08.835
[Title 29A RCW—page 27]
29A.08.840
Title 29A RCW: Elections
RCW. Immediately after publishing any voter challenge, the
county auditor shall notify any person who requests to
receive such notifications on an ongoing basis. [2006 c 320 §
1.]
RCW. [2006 c 320 § 6; 2003 c 111 § 256. Prior: 1987 c 288
§ 4; 1983 1st ex.s. c 30 § 5; 1971 ex.s. c 202 § 34; 1967 c 225
§ 3; 1965 ex.s. c 156 § 3. Formerly RCW 29.10.140.]
29A.08.850 Challenge of registration—Forms, availability. The secretary of state must provide forms for voter
registration challenges, and the county auditor must make
such forms available. A challenge is not required to be submitted on the provided voter challenge form, but may be prepared using an official electronic voter challenge form template provided by the auditor or secretary of state that has
been printed and signed by the challenger for submission.
[2006 c 320 § 7; 2003 c 111 § 257; 1991 c 81 § 27; 1971 ex.s.
c 202 § 35; 1965 ex.s. c 156 § 4. Formerly RCW 29.10.150.]
29A.08.850
29A.08.840 County auditor duties—Dismissal of
challenges—Notification—Hearings—Counting or cancellation of ballots. (1) If the challenge is not in proper form
or the factual basis for the challenge does not meet the legal
grounds for a challenge, the county auditor may dismiss the
challenge and notify the challenger of the reasons for the dismissal. A challenge is not in proper form if it is incomplete
on its face or does not substantially comply with the form
issued by the secretary of state.
(2) If the challenge is in proper form and the factual basis
meets the legal grounds for a challenge, the county auditor
must notify the challenged voter and provide a copy of the
affidavit. The county auditor shall also provide to any person, upon request, a copy of all materials provided to the
challenged voter. If the challenge is to the residential address
provided by the voter, the challenged voter must be provided
notice of the exceptions allowed in RCW 29A.08.112 and
29A.04.151, and Article VI, section 4 of the state Constitution. A challenged voter may transfer or reregister until the
day before the election. The county auditor must schedule a
hearing and notify the challenger and the challenged voter of
the time and place for the hearing.
(3) All notice must be by certified mail to the address
provided in the voter registration record, and any other
addresses at which the challenged voter is alleged to reside or
the county auditor reasonably expects the voter to receive
notice. The challenger and challenged voter may either
appear in person or submit testimony by affidavit.
(4) The challenger has the burden to prove by clear and
convincing evidence that the challenged voter’s registration
is improper. The challenged voter must be provided a reasonable opportunity to respond. If the challenge is to the residential address provided by the voter, the challenged voter
may provide evidence that he or she resides at the location
described in his or her voter’s registration records, or meets
one of the exceptions allowed in RCW 29A.08.112 or
29A.04.151, or Article VI, section 4 of the state Constitution.
If either the challenger or challenged voter fails to appear at
the hearing, the challenge must be resolved based on the
available facts.
(5) If the challenge is based on an allegation under RCW
29A.08.810(1) (a), (b), (d), or (e) and the canvassing board
sustains the challenge, the challenged ballot shall not be
counted. If the challenge is based on an allegation under
RCW 29A.08.810(1)(c) and the canvassing board sustains
the challenge, the board shall permit the voter to correct his or
her voter registration and any races and ballot measures on
the challenged ballot that the voter would have been qualified
to vote for had the registration been correct shall be counted.
(6) If the challenger fails to prove by clear and convincing evidence that the registration is improper, the challenge
must be dismissed and the pending challenged ballot must be
accepted as valid. Challenged ballots must be resolved
before certification of the election. The decision of the
county auditor or canvassing board is final subject only to
judicial review by the superior court under chapter 34.05
29A.08.840
[Title 29A RCW—page 28]
Effective date—1991 c 81: See note following RCW 29A.84.540.
Chapter 29A.12
Chapter 29A.12 RCW
VOTING SYSTEMS
Sections
29A.12.005
29A.12.010
29A.12.020
29A.12.030
29A.12.040
29A.12.050
29A.12.060
29A.12.070
29A.12.080
29A.12.085
29A.12.090
29A.12.101
29A.12.110
29A.12.120
29A.12.130
29A.12.140
29A.12.150
29A.12.160
29A.12.170
"Voting system."
Authority for use.
Inspection and test by secretary of state—Report.
Submitting system or component for examination.
Independent evaluation.
Approval required—Modification.
Maintenance and operation.
Acceptance test.
Requirements for approval.
Paper record.
Single district and precinct.
Requirements of tallying systems for approval.
Record of ballot format—Devices sealed.
Election officials—Instruction, compensation, requirements.
Tallying systems—Programming tests.
Operating procedures.
Recording requirements.
Blind or visually impaired voter accessibility.
Consultation with information services board.
29A.12.005 "Voting system." As used in this chapter,
"voting system" means:
(1) The total combination of mechanical, electromechanical, or electronic equipment including, but not limited to, the
software, firmware, and documentation required to program,
control, and support the equipment, that is used:
(a) To define ballots;
(b) To cast and count votes;
(c) To report or display election results from the voting
system;
(d) To maintain and produce any audit trail information;
and
(2) The practices and associated documentation used:
(a) To identify system components and versions of such
components;
(b) To test the system during its development and maintenance;
(c) To maintain records of system errors and defects;
(d) To determine specific system changes to be made to
a system after the initial qualification of the system; and
(e) To make available any materials to the voter such as
notices, instructions, forms, or paper ballots. [2004 c 267 §
601.]
29A.12.005
Effective dates—2004 c 267: See note following RCW 29A.08.651.
(2008 Ed.)
Voting Systems
29A.12.010 Authority for use. At any primary or election in any county, votes may be cast, registered, recorded, or
counted by means of voting systems that have been approved
under RCW 29A.12.020. [2003 c 111 § 301. Prior: 1990 c
59 § 17; 1967 ex.s. c 109 § 12; 1965 c 9 § 29.33.020; prior:
(i) 1913 c 58 § 1, part; RRS § 5300, part. (ii) 1913 c 58 § 18;
RRS § 5318. Formerly RCW 29.33.020.]
29A.12.010
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.12.020 Inspection and test by secretary of
state—Report. The secretary of state shall inspect, evaluate,
and publicly test all voting systems or components of voting
systems that are submitted for review under RCW
29A.12.030. The secretary of state shall determine whether
the voting systems conform with all of the requirements of
this title, the applicable rules adopted in accordance with this
title, and with generally accepted safety requirements. The
secretary of state shall transmit a copy of the report of any
examination under this section, within thirty days after completing the examination, to the county auditor of each county.
[2003 c 111 § 302. Prior: 1990 c 59 § 18; 1982 c 40 § 1. Formerly RCW 29.33.041.]
29A.12.020
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Severability—1982 c 40: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1982 c 40 § 11.]
29A.12.080
29A.12.050 Approval required—Modification. If
voting systems or devices or vote tallying systems are to be
used for conducting a primary or election, only those that
have the approval of the secretary of state or had been
approved under this chapter or the former chapter 29.34
RCW before March 22, 1982, may be used. Any modification, change, or improvement to any voting system or component of a system that does not impair its accuracy, efficiency,
or capacity or extend its function, may be made without reexamination or reapproval by the secretary of state under RCW
29A.12.020. [2003 c 111 § 305; 1990 c 59 § 21; 1982 c 40 §
4. Formerly RCW 29.33.081.]
29A.12.050
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Severability—1982 c 40: See note following RCW 29A.12.020.
29A.12.060 Maintenance and operation. The county
auditor of a county in which voting systems are used is
responsible for the preparation, maintenance, and operation
of those systems and may employ and direct persons to perform some or all of these functions. [2003 c 111 § 306.
Prior: 1990 c 59 s 22; 1965 c 9 § 29.33.130; prior: 1955 c
323 § 2; prior: 1935 c 85 § 1, part; 1919 c 163 § 23, part;
1915 c 114 § 5, part; 1913 c 58 § 10, part; RRS § 5309, part.
Formerly RCW 29.33.130.]
29A.12.060
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.12.030 Submitting system or component for
examination. The manufacturer or distributor of a voting
system or component of a voting system may submit that system or component to the secretary of state for examination
under RCW 29A.12.020. [2003 c 111 § 303. Prior: 1990 c
59 § 19; 1982 c 40 § 2. Formerly RCW 29.33.051.]
29A.12.070 Acceptance test. An agreement to purchase or lease a voting system or a component of a voting
system is subject to that system or component passing an
acceptance test sufficient to demonstrate that the equipment
is the same as that certified by the secretary of state and that
the equipment is operating correctly as delivered to the
county. [2003 c 111 § 307. Prior: 1998 c 58 § 1; 1990 c 59
§ 23. Formerly RCW 29.33.145.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.12.030
Severability—1982 c 40: See note following RCW 29A.12.020.
29A.12.040 Independent evaluation. (1) The secretary
of state may rely on the results of independent design, engineering, and performance evaluations in the examination
under RCW 29A.12.020 if the source and scope of these
independent evaluations are specified by rule.
(2) The secretary of state may contract with experts in
mechanical or electrical engineering or data processing to
assist in examining a voting system or component. The manufacturer or distributor who has submitted a voting system
for testing under RCW 29A.12.030 shall pay the secretary of
state a deposit to reimburse the cost of any contract for consultation under this section and for any other unrecoverable
costs associated with the examination of a voting system or
component by the manufacturer or distributor who submitted
the voting system or component for examination. [2003 c
111 § 304. Prior: 1990 c 59 § 20; 1982 c 40 § 3. Formerly
RCW 29.33.061.]
29A.12.040
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Severability—1982 c 40: See note following RCW 29A.12.020.
(2008 Ed.)
29A.12.070
29A.12.080 Requirements for approval. No voting
device shall be approved by the secretary of state unless it:
(1) Secures to the voter secrecy in the act of voting;
(2) Permits the voter to vote for any person for any office
and upon any measure that he or she has the right to vote for;
(3) Permits the voter to vote for all the candidates of one
party;
(4) Correctly registers all votes cast for any and all persons and for or against any and all measures;
(5) Provides that a vote for more than one candidate cannot be cast by one single operation of the voting device or
vote tally system except when voting for president and vice
president of the United States; and
(6) Except for functions or capabilities unique to this
state, has been tested and certified by an independent testing
authority designated by the United States election assistance
commission. [2006 c 207 § 2; 2003 c 111 § 308. Prior: 1990
c 59 § 26; 1982 c 40 § 6; 1977 ex.s. c 361 § 66; 1971 ex.s. c
6 § 1; 1967 ex.s. c 109 § 18. Formerly RCW 29.33.300,
29.34.080.]
29A.12.080
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
[Title 29A RCW—page 29]
29A.12.085
Title 29A RCW: Elections
Severability—1982 c 40: See note following RCW 29A.12.020.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
Severability—1971 ex.s. c 6: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 ex.s. c 6 § 3.]
Voting devices, machines—Recording requirements: RCW 29A.12.150.
29A.12.085 Paper record. Beginning on January 1,
2006, all electronic voting devices must produce a paper
record of each vote that may be accepted or rejected by the
voter before finalizing his or her vote. This record may not
be removed from the polling place, and must be human readable without an interface and machine readable for counting
purposes. If the device is programmed to display the ballot in
multiple languages, the paper record produced must be
printed in the language used by the voter. Rejected records
must either be destroyed or marked in order to clearly identify the record as rejected. [2005 c 242 § 1.]
29A.12.085
Preservation: RCW 29A.44.045, 29A.60.095.
Unauthorized removal from polling place: RCW 29A.84.545.
29A.12.090 Single district and precinct. The ballot on
a single voting device shall not contain the names of candidates for the offices of United States representative, state senator, state representative, county council, or county commissioner in more than one district. In all general elections, primaries, and special elections, in each polling place the voting
devices containing ballots for candidates from each congressional, legislative, or county council or commissioner district
shall be grouped together and physically separated from
those devices containing ballots for other districts. Each
voter shall be directed by the precinct election officers to the
correct group of voting devices. [2003 c 111 § 309. Prior:
1990 c 59 § 27; 1989 c 155 § 1; 1987 c 295 § 8; 1983 c 143 §
1. Formerly RCW 29.33.310, 29.34.085.]
29A.12.090
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.12.101 Requirements of tallying systems for
approval. The secretary of state shall not approve a vote tallying system unless it:
(1) Correctly counts votes on ballots on which the proper
number of votes have been marked for any office or issue;
(2) Ignores votes marked for any office or issue where
more than the allowable number of votes have been marked,
but correctly counts the properly voted portions of the ballot;
(3) Accumulates a count of the specific number of ballots tallied for each precinct, total votes by candidate for each
office, and total votes for and against each issue of the ballot
in that precinct;
(4) Produces precinct and cumulative totals in printed
form; and
(5) Except for functions or capabilities unique to this
state, has been tested and certified by an independent testing
authority designated by the United States election assistance
commission. [2006 c 207 § 3; 2004 c 271 § 109.]
29A.12.101
record shall be made of the ballot format installed in each
device and the precinct or portion of a precinct for which that
device has been prepared. Except where provided by a rule
adopted under *RCW 29A.04.610, after being prepared for a
primary or election, each device shall be sealed with a
uniquely numbered seal and provided to the inspector of the
appropriate polling place. [2003 c 111 § 311; 1990 c 59 § 25.
Formerly RCW 29.33.330.]
*Reviser’s note: RCW 29A.04.610 was amended by 2004 c 267 § 702
and repealed by 2004 c 271 § 193. RCW 29A.04.610 was subsequently
repealed by 2006 c 206 § 9. Later enactment, see RCW 29A.04.611.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.12.120 Election officials—Instruction, compensation, requirements. (1) Before each state primary or general election at which voting systems are to be used, the
county auditor shall instruct all precinct election officers
appointed under RCW 29A.44.410, counting center personnel, and political party observers designated under RCW
29A.60.170 in the proper conduct of their duties.
(2) The county auditor may waive instructional requirements for precinct election officers, counting center personnel, and political party observers who have previously
received instruction and who have served for a sufficient
length of time to be fully qualified to perform their duties.
The county auditor shall keep a record of each person who
has received instruction and is qualified to serve at the subsequent primary or election.
(3) As compensation for the time spent in receiving
instruction, each precinct election officer who qualifies and
serves at the subsequent primary or election shall receive an
additional two hours compensation, to be paid at the same
time and in the same manner as compensation is paid for services on the day of the primary or election.
(4) Except for the appointment of a precinct election
officer to fill a vacancy under RCW 29A.44.440, no inspector
or judge may serve at any primary or election at which voting
systems are used unless he or she has received the required
instruction and is qualified to perform his or her duties in
connection with the voting devices. No person may work in
a counting center at a primary or election at which a vote tallying system is used unless that person has received the
required instruction and is qualified to perform his or her
duties in connection with the handling and tallying of ballots
for that primary or election. No person may serve as a political party observer unless that person has received the
required instruction and is familiar with the operation of the
counting center and the vote tallying system and the procedures to be employed to verify the accuracy of the programming for that vote tallying system. [2003 c 111 § 312. Prior:
1990 c 59 § 29; 1977 ex.s. c 361 § 69. Formerly RCW
29.33.340, 29.34.143.]
29A.12.120
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
29A.12.130 Tallying systems—Programming tests.
At least three days before each state primary or general election, the office of the secretary of state shall provide for the
29A.12.130
29A.12.110 Record of ballot format—Devices sealed.
In preparing a voting device for a primary or election, a
29A.12.110
[Title 29A RCW—page 30]
(2008 Ed.)
Precinct and Polling Place Determination and Accessibility
conduct of tests of the programming for each vote tallying
system to be used at that primary or general election. The test
must verify that the system will correctly count the vote cast
for all candidates and on all measures appearing on the ballot
at that primary or general election. The test shall verify the
capability of the vote tallying system to perform all of the
functions that can reasonably be expected to occur during
conduct of that particular primary or election. If any error is
detected, the cause shall be determined and corrected, and an
errorless total shall be produced before the primary or election.
Such tests shall be observed by at least one representative from each major political party, if representatives have
been appointed by the respective major political parties and
are present at the test, and shall be open to candidates, the
press, and the public. The county auditor and any political
party observers shall certify that the test has been conducted
in accordance with this section. Copies of this certification
shall be retained by the secretary of state and the county auditor. All programming materials, test results, and test ballots
shall be securely sealed until the day of the primary or general election. [2003 c 111 § 313; 1998 c 58 § 2; 1990 c 59 §
32; 1977 ex.s. c 361 § 73. Formerly RCW 29.33.350,
29.34.163.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.16.010
29A.12.160 Blind or visually impaired voter accessibility. (1) At each polling location, at least one voting unit
certified by the secretary of state shall provide access to individuals who are blind or visually impaired.
(2) Compliance with this provision in regard to voting
technology and systems purchased prior to July 27, 2003,
shall be achieved at the time of procurement of an upgrade of
technology compatible with nonvisual voting methods or
replacement of existing voting equipment or systems.
(3) Compliance with subsection (2) of this section is contingent on available funds to implement this provision.
(4) For purposes of this section, the following definitions
apply:
(a) "Accessible" includes receiving, using, selecting, and
manipulating voter data and controls.
(b) "Nonvisual" includes synthesized speech, Braille,
and other output methods.
(c) "Blind and visually impaired" excludes persons who
are both deaf and blind.
(5) This section does not apply to voting by absentee ballot. [2004 c 267 § 701; 2004 c 266 § 3. Prior: 2003 c 110 §
1. Formerly RCW 29.33.305.]
29A.12.160
Effective dates—2004 c 267: See note following RCW 29A.08.651.
Effective date—2004 c 266: See note following RCW 29A.04.575.
29A.12.170 Consultation with information services
board. In developing technical standards for voting technology and systems to be accessible for individuals with disabilities, the secretary shall consult with the information services
board. The board shall review and make recommendations
regarding proposed technical standards prior to implementation. [2004 c 267 § 321.]
29A.12.170
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
29A.12.140 Operating procedures. The secretary of
state may publish recommended procedures for the operation
of the various vote tallying systems that have been approved.
These procedures allow the office of the secretary of state to
restrict or define the use of approved systems in elections.
[2003 c 111 § 314. Prior: 1998 c 58 § 3; 1990 c 59 § 34; 1977
ex.s. c 361 § 75; 1967 ex.s. c 109 § 32. Formerly RCW
29.33.360, 29.34.170.]
29A.12.140
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
29A.12.150 Recording requirements. (1) No voting
device or machine may be used in a county with a population
of seventy thousand or more to conduct a primary or general
or special election in this state unless it correctly records on a
separate ballot the votes cast by each elector for any person
and for or against any measure and such separate ballots are
available for audit purposes after such a primary or election.
(2) The secretary of state shall not certify under this title
any voting device or machine for use in conducting a primary
or general or special election in this state unless the device or
machine correctly records on a separate ballot the votes cast
by each elector for any person and for or against any measure
and such separate ballots are available for audit purposes
after such a primary or election. [2003 c 111 § 315; 1998 c
245 § 26; 1991 c 363 § 30; 1990 c 184 § 1. Formerly RCW
29.04.200.]
29A.12.150
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
(2008 Ed.)
Effective dates—2004 c 267: See note following RCW 29A.08.651.
Chapter 29A.16
Chapter 29A.16 RCW
PRECINCT AND POLLING PLACE
DETERMINATION AND ACCESSIBILITY
Sections
29A.16.010
29A.16.020
29A.16.030
29A.16.040
29A.16.050
29A.16.060
29A.16.110
29A.16.120
29A.16.130
29A.16.140
29A.16.150
29A.16.160
29A.16.170
Intent—Duties of county auditors.
Alternative polling places or procedures.
Costs for modifications—Alternatives—Election costs.
Precincts—Number of voters—Dividing, altering, or combining—Creating new precincts.
Precincts—Restrictions on precinct boundaries—Designated by number.
Combining or dividing precincts, election boards.
Polling place—May be located outside precinct.
Polling place—Use of county, municipality, or special district facilities.
Public buildings as polling places.
Inaccessible polling places—Auditors’ list.
Polling places—Accessibility required, exceptions.
Review by and recommendations of disabled voters.
County auditors—Notice of accessibility.
29A.16.010 Intent—Duties of county auditors. The
intent of this chapter is to require state and local election officials to designate and use polling places and disability access
voting locations in all elections and permanent registration
locations which are accessible to elderly and disabled persons. County auditors shall:
29A.16.010
[Title 29A RCW—page 31]
29A.16.020
Title 29A RCW: Elections
(1) Make modifications such as installation of temporary
ramps or relocation of polling places within buildings, where
appropriate;
(2) Designate new, accessible polling places to replace
those that are inaccessible; and
(3) Continue to use polling places and voter registration
locations which are accessible to elderly and disabled persons. [2004 c 267 § 315; 2003 c 111 § 401; 1999 c 298 § 13;
1985 c 205 § 1; 1979 ex.s. c 64 § 1. Formerly RCW
29.57.010.]
Effective dates—2004 c 267: See note following RCW 29A.08.651.
29A.16.020 Alternative polling places or procedures.
The secretary of state shall establish procedures to assure
that, in any primary or election, any disabled or elderly voter
assigned to an inaccessible polling place will, upon advance
request of that voter, either be permitted to vote at an alternative accessible polling place not overly inconvenient to that
voter or be provided with an alternative means of casting a
ballot on the day of the primary or election. The county auditor shall make any accommodations in voting procedures
necessary to allow the use of alternative polling places by
elderly or disabled voters under this section. [2003 c 111 §
402; 1999 c 298 § 15; 1985 c 205 § 5. Formerly RCW
29.57.090.]
29A.16.020
Effective dates—1985 c 205: See note following RCW 29A.16.140.
29A.16.030 Costs for modifications—Alternatives—
Election costs. (1) County auditors shall seek alternative
polling places or other low-cost alternatives including, but
not limited to, procedural changes and assistance from local
disabled groups, service organizations, and other private
sources before incurring costs for modifications under this
chapter.
(2) The cost of those modifications to buildings or other
facilities, including signs designating disabled accessible
parking and entrances, that are necessary to permit the use of
those facilities for polling places under this chapter or any
procedures established under RCW 29A.16.020 shall be
tr eated as election costs and p rorated under RCW
29A.04.410. [2003 c 111 § 403; 1999 c 298 § 20; 1985 c 205
§ 12. Formerly RCW 29.57.160.]
29A.16.030
Effective dates—1985 c 205: See note following RCW 29A.16.140.
29A.16.040 Precincts—Number of voters—Dividing,
altering, or combining—Creating new precincts. The
county legislative authority of each county in the state hereafter formed shall, at their first session, divide their respective counties into election precincts and establish the boundaries of the precincts. The county auditor shall thereupon
designate the voting place for each such precinct or whether
the precinct is a vote by mail precinct.
(1) Precinct boundaries may be altered at any time as
long as sufficient time exists prior to a given election for the
necessary procedural steps to be honored. Except as permitted under subsection (5) of this section, no precinct boundaries may be changed during the period starting on the thirtieth day prior to the first day for candidates to file for the primary election and ending with the day of the general election.
29A.16.040
[Title 29A RCW—page 32]
(2) The county legislative authority may establish by
ordinance a limitation on the maximum number of active registered voters in each precinct within its jurisdiction. The
limitation may be different for precincts based upon the
method of voting used for such precincts and the number may
be less than the number established by law, but in no case
may the number exceed that authorized by law.
(3) Precincts in which voting machines or electronic voting devices are used may contain as many as nine hundred
active registered voters. The number of poll-site ballot
counting devices at each polling place is at the discretion of
the auditor. The number of devices must be adequate to meet
the expected voter turnout.
(4) On petition of twenty-five or more voters resident
more than ten miles from any polling site, the county legislative authority shall establish a separate voting precinct therefor.
(5) The county auditor shall temporarily adjust precinct
boundaries when a city or town annexes unincorporated territory to the city or town, or whenever unincorporated territory
is incorporated as a city or town. The adjustment must be
made as soon as possible after the approval of the annexation
or incorporation. The temporary adjustment must be limited
to the minimum changes necessary to accommodate the addition of the territory to the city or town, or to establish the eligible voters within the boundaries of the new city or town,
and remains in effect only until precinct boundary modifications reflecting the annexation or incorporation are adopted
by the county legislative authority.
(6) In determining the number of active registered voters
for the purposes of this section, persons who are ongoing
absentee voters under RCW 29A.40.040 shall not be counted.
Nothing in this subsection may be construed as altering the
vote tallying requirements of RCW 29A.60.230. [2004 c 266
§ 10; 2003 c 111 § 404; 1999 c 158 § 3; 1994 c 57 § 3; 1986
c 167 § 2; 1980 c 107 § 3. Prior: 1977 ex.s. c 361 § 4; 1977
ex.s. c 128 § 1; 1975-’76 2nd ex.s. c 129 § 3; 1967 ex.s. c 109
§ 1; 1965 c 9 § 29.04.040; prior: (i) 1921 c 178 § 1, part;
1915 c 11 § 1, part; 1907 c 130 § 1, part; 1889 p 402 § 7, part;
Code 1881 § 3067, part; 1865 p 30 § 1, part; RRS § 5171,
part. (ii) 1907 c 130 § 2, part; 1889 p 408 § 21, part; RRS §
5278, part. (iii) Code 1881 § 2679; 1854 p 65 § 4, part; No
RRS. Formerly RCW 29.04.040.]
Effective date—2004 c 266: See note following RCW 29A.04.575.
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Severability—1986 c 167: See note following RCW 29A.04.049.
Effective date—1977 ex.s. c 361: "This 1977 amendatory act shall take
effect January 1, 1978." [1977 ex.s. c 361 § 113.]
Severability—1977 ex.s. c 361: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 361 § 112.]
Severability—1977 ex.s. c 128: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 128 § 6.]
Effective date—Severability—1975-’76 2nd ex.s. c 129: See notes
following RCW 29A.76.040.
"Precinct" defined: RCW 29A.04.121.
(2008 Ed.)
Precinct and Polling Place Determination and Accessibility
29A.16.050 Precincts—Restrictions on precinct
boundaries—Designated by number. (1) Every voting precinct must be wholly within a single congressional district, a
single legislative district, a single district of a county legislative authority, and, if applicable, a single city.
(2) Every voting precinct shall be composed, as nearly as
practicable, of contiguous and compact areas.
(3) Except as provided in this subsection, changes to the
boundaries of any precinct shall follow visible, physical features delineated on the most current maps provided by the
United States census bureau. A change need not follow such
visible, physical features if (a) it is necessitated by an annexation or incorporation and the proposed precinct boundary is
identical to an exterior boundary of the annexed or incorporated area which does not follow a visible, physical feature;
or (b) doing so would substantially impair election administration in the involved area.
(4) After a change to precinct boundaries is adopted by
the county legislative authority, if the change does not follow
visible physical features, the county auditor shall send to the
secretary of state an electronic or paper copy of the description, a map or maps of the changes, and a statement of the
applicable exception under subsection (3) of this section. For
boundary changes made pursuant to subsection (3)(b) of this
section, the auditor shall include a statement of the reasons
why following visible, physical features would have substantially impaired election administration.
(5) Every voting precinct within each county shall be
designated by number for the purpose of preparation of maps
and the tabulation of population for apportionment purposes.
These precincts may be identified with names or other numbers for other election purposes.
(6) After a change to precinct boundaries in a city or
town, the county auditor shall send one copy of the map or
maps delineating the new precinct boundaries within that city
or town to the city or town clerk.
(7) Precinct maps are public records and shall be available for inspection by the public during normal office hours
in the offices where they are kept. Copies shall be made
available to the public for a fee necessary to cover the cost of
reproduction. [2003 c 111 § 405; 1999 c 298 § 1; 1989 c 278
§ 1; 1977 ex.s. c 128 § 2; 1965 c 9 § 29.04.050. Prior: 1921
c 178 § 1, part; 1915 c 11 § 1, part; 1907 c 130 § 1, part; 1889
p 402 § 7, part; Code 1881 § 3067, part; 1865 p 30 § 1, part;
RRS § 5171, part. Formerly RCW 29.04.050.]
29A.16.050
29A.16.140
29A.16.110 Polling place—May be located outside
precinct. Polling places for the various voting precincts may
be located outside the boundaries of the respective precincts,
when the officers conducting the primary or election shall
deem it feasible. However, such polling places must be
located within a reasonable distance of their respective precincts. The purpose of this section is to furnish adequate voting facilities at readily accessible and identifiable locations,
and nothing in this section affects the number, method of
selection, or duties of precinct election officers. [2003 c 111
§ 407; 1965 c 9 § 29.48.005. Prior: 1951 c 123 § 1. Formerly RCW 29.48.005.]
29A.16.110
29A.16.120 Polling place—Use of county, municipality, or special district facilities. The legislative authority of
each county, municipality, and special district shall, at the
request of the county auditor, make their facilities available
for use as polling places for primaries, special elections, and
state general elections held within that county. When, in the
judgment of the county auditor, a facility of a county, municipality, or special district would provide a location for a polling place that would best satisfy the requirements of this
chapter, he or she shall notify the legislative authority of that
county, municipality, or district of the number of facilities
needed for use as polling places. Payment for polling places
and any other conditions or obligations regarding these polling places shall be provided for by contract between the
county auditor and the county, municipality, or district.
[2003 c 111 § 408. Prior: 1985 c 205 § 14; 1965 c 9 §
29.48.007; prior: 1955 c 201 § 1. Formerly RCW
29.48.007.]
29A.16.120
Effective dates—1985 c 205: See note following RCW 29A.16.140.
29A.16.130 Public buildings as polling places. Each
state agency and entity of local government shall permit the
use of any of its buildings and the most suitable locations
therein as polling places or disability access voting locations
when required by a county auditor to provide accessible
places in each precinct. [2004 c 267 § 316; 2003 c 111 § 409.
Prior: 1979 ex.s. c 64 § 4. Formerly RCW 29.57.040.]
29A.16.130
Effective dates—2004 c 267: See note following RCW 29A.08.651.
Severability—1986 c 167: See note following RCW 29A.04.049.
29A.16.140 Inaccessible polling places—Auditors’
list. No later than April 1st of each even-numbered year,
each county auditor shall submit to the secretary of state a list
showing the number of polling places in the county and specifying any that have been found inaccessible. The auditor
shall indicate the reasons for inaccessibility, and what efforts
have been made pursuant to this chapter to locate alternative
polling places or to make the existing facilities temporarily
accessible.
If a county auditor’s list shows, for two consecutive
reporting periods, that no polling places have been found
inaccessible, the auditor need not submit further reports
unless the secretary of state specifically reinstates the
requirement for that county. Notice of reinstatement must be
in writing and delivered at least sixty days before the reporting date. [2003 c 111 § 410. Prior: 1999 c 298 § 14; 1985 c
205 § 3. Formerly RCW 29.57.070.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
Effective dates—1985 c 205: "(1) Sections 1, 2, and 13 of this act are
necessary for the immediate preservation of the public peace, health, and
Severability—1977 ex.s. c 128: See note following RCW 29A.16.040.
29A.16.060 Combining or dividing precincts, election boards. At any special election or primary, the county
auditor may combine, unite, or divide precincts and may
combine or unite election boards for the purpose of holding
such election. At any general election, the county auditor
may combine or unite election boards for the purpose of holding such election, but shall report all election returns by individual precinct. [2003 c 111 § 406. Prior: 2001 c 241 § 22;
1986 c 167 § 3; 1977 ex.s. c 361 § 5; 1974 ex.s. c 127 § 1;
1965 c 9 § 29.04.055; prior: 1963 c 200 § 22; 1951 c 70 § 1.
Formerly RCW 29.04.055.]
29A.16.060
(2008 Ed.)
29A.16.140
[Title 29A RCW—page 33]
29A.16.150
Title 29A RCW: Elections
safety, the support of the state government and its existing public institutions, and shall take effect immediately.
(2) Sections 15 and 16 of this act shall take effect as provided by Article II, section 1(c) of the state Constitution.
(3) Sections 3 through 12 and 14 of this act shall take effect on January
1, 1986." [1985 c 205 § 18.]
29A.16.150 Polling places—Accessibility required,
exceptions. Each polling place must be accessible unless:
(1) The county auditor has determined that it is inaccessible, that no alternative accessible polling place is available,
that no temporary modification of that polling place or any
alternative polling place is possible, and that the county auditor has complied with the procedures established under RCW
29A.16.020; or
(2) The secretary of state determines that a state of emergency exists that would otherwise interfere with the efficient
administration of the primary or election. [2003 c 111 § 411.
Prior: 1999 c 298 § 16; 1985 c 205 § 6. Formerly RCW
29.57.100.]
29A.16.150
Effective dates—1985 c 205: See note following RCW 29A.16.140.
29A.16.160 Review by and recommendations of disabled voters. County auditors shall, as feasible, solicit and
use the assistance of disabled voters in reviewing sites and
recommending inexpensive remedies to improve accessibility. [2003 c 111 § 412. Prior: 1979 ex.s. c 64 § 5. Formerly
RCW 29.57.050.]
29A.16.160
29A.16.170 County auditors—Notice of accessibility.
Each county auditor shall include a notice of the accessibility
of polling places in the notice of election published under
*RCW 29A.52.310 and 29A.52.350. [2003 c 111 § 413.
Prior: 1999 c 298 § 19; 1985 c 205 § 11. Formerly RCW
29.57.150.]
29A.16.170
*Reviser’s note: RCW 29A.52.310 and 29A.52.350 were repealed by
2004 c 271 § 193. Later enactment, see RCW 29A.52.311 and 29A.52.351.
Effective dates—1985 c 205: See note following RCW 29A.16.140.
Chapter 29A.20 RCW
QUALIFICATIONS, TERMS, AND REQUIREMENTS
FOR ELECTIVE OFFICES
Chapter 29A.20
Sections
GENERAL
29A.20.010
29A.20.021
29A.20.030
29A.20.040
Preservation of declarations of candidacy.
Qualifications for filing, appearance on ballot.
Local officers, beginning of terms—Organization of district
boards of directors.
Local elected officials, commencement of term of office—
Purpose.
MINOR PARTY AND INDEPENDENT CANDIDATE NOMINATIONS
29A.20.111
29A.20.121
29A.20.131
29A.20.141
29A.20.151
29A.20.161
29A.20.171
29A.20.181
29A.20.191
29A.20.201
Definitions—"Convention" and "election jurisdiction."
Nomination by convention or write-in—Dates—Special filing period.
Convention—Notice.
Convention—Requirements for validity.
Nominating petition—Requirements.
Certificate of nomination—Requisites.
Multiple certificates of nomination.
Presidential electors—Selection at convention.
Certificate of nomination—Checking signatures—Appeal
of determination.
Declarations of candidacy required, exceptions—Payment
of fees.
[Title 29A RCW—page 34]
GENERAL
29A.20.010
29A.20.010 Preservation of declarations of candidacy. The secretary of state and each county auditor shall
preserve all declarations of candidacy filed in their respective
offices for six months. All declarations of candidacy must be
open to public inspection. [2003 c 111 § 501; 1965 c 9 §
29.27.090. Prior: 1921 c 178 § 1, part; 1915 c 11 § 1, part;
1907 c 130 § 1, part; 1889 p 402 § 7, part; Code 1881 § 3067,
part; 1865 p 30 § 1, part; RRS § 5171, part. Formerly RCW
29.27.090.]
29A.20.021
29A.20.021 Qualifications for filing, appearance on
ballot. (1) A person filing a declaration of candidacy for an
office shall, at the time of filing, be a registered voter and
possess the qualifications specified by law for persons who
may be elected to the office.
(2) Excluding the office of precinct committee officer or
a temporary elected position such as a charter review board
member or freeholder, no person may file for more than one
office.
(3) The name of a candidate for an office shall not appear
on a ballot for that office unless, except as provided in RCW
*3.46.067 and 3.50.057, the candidate is, at the time the candidate’s declaration of candidacy is filed, properly registered
to vote in the geographic area represented by the office. For
the purposes of this section, each geographic area in which
registered voters may cast ballots for an office is represented
by that office. If a person elected to an office must be nominated from a district or similar division of the geographic area
represented by the office, the name of a candidate for the
office shall not appear on a primary ballot for that office
unless the candidate is, at the time the candidate’s declaration
of candidacy is filed, properly registered to vote in that district or division. The officer with whom declarations of candidacy must be filed under this title shall review each such
declaration filed regarding compliance with this subsection.
(4) The requirements of voter registration and residence
within the geographic area of a district do not apply to candidates for congressional office. Qualifications for the United
States congress are specified in the United States Constitution. [2004 c 271 § 153.]
*Reviser’s note: RCW 3.46.067 was repealed by 2008 c 227 § 12,
effective July 1, 2008.
29A.20.030
29A.20.030 Local officers, beginning of terms—
Organization of district boards of directors. The term of
every city, town, and district officer elected to office on the
first Tuesday following the first Monday in November of the
odd-numbered years begins in accordance with RCW
29A.20.040. However, a person elected to less than a full
term shall assume office as soon as the election returns have
been certified and he or she is qualified in accordance with
RCW 29A.04.133.
Each board of directors of every district shall be organized at the first meeting held after one or more newly elected
directors take office. [2003 c 111 § 503; 1979 ex.s. c 126 §
14; 1965 c 123 § 6; 1965 c 9 § 29.13.050. Prior: 1963 c 200
§ 8; 1959 c 86 § 1; prior: 1951 c 257 § 6. (i) 1949 c 161 § 9;
(2008 Ed.)
Qualifications, Terms, and Requirements for Elective Offices
Rem. Supp. 1949 § 5146-1. (ii) 1949 c 163 § 1; 1921 c 61 §
4; Rem. Supp. 1949 § 5146. Formerly RCW 29.13.050.]
29A.20.131
United States senate, and state officials who are elected on a
statewide basis. [2004 c 271 § 188.]
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
29A.20.121 Nomination by convention or write-in—
Dates—Special filing period. (1) Any nomination of a candidate for partisan public office by other than a major political party may be made only: (a) In a convention held not earlier than the first Saturday in May and not later than the second Saturday in May or during any of the seven days
immediately preceding the first day for filing declarations of
candidacy as fixed in accordance with RCW 29A.28.041; (b)
as provided by RCW 29A.60.021; or (c) as otherwise provided in this section. Minor political party and independent
candidates may appear only on the general election ballot.
(2) Nominations of candidates for president and vice
president of the United States other than by a major political
party may be made either at a convention conducted under
subsection (1) of this section, or at a similar convention taking place not earlier than the first Saturday in June and not
later than the fourth Saturday in July. Conventions held during this time period may not nominate candidates for any
public office other than president and vice president of the
United States, except as provided in subsection (3) of this
section.
(3) If a special filing period for a partisan office is
opened under RCW 29A.24.211, candidates of minor political parties and independent candidates may file for office
during that special filing period. The names of those candidates may not appear on the general election ballot unless
they are nominated by convention held no later than five days
after the close of the special filing period and a certificate of
nomination is filed with the filing officer no later than three
days after the convention. The requirements of RCW
29A.20.131 do not apply to such a convention.
(4) A minor political party may hold more than one convention but in no case shall any such party nominate more
than one candidate for any one partisan public office or position. For the purpose of nominating candidates for the offices
of president and vice president, United States senator, United
States representative, or a statewide office, a minor party or
independent candidate holding multiple conventions may add
together the number of signatures of different individuals
from each convention obtained in support of the candidate or
candidates in order to obtain the number required by RCW
29A.20.141. For all other offices for which nominations are
made, signatures of the requisite number of registered voters
must be obtained at a single convention. [2006 c 344 § 4;
2004 c 271 § 110.]
29A.20.121
29A.20.040 Local elected officials, commencement of
term of office—Purpose. (1) The legislature finds that certain laws are in conflict governing the assumption of office of
various local officials. The purpose of this section is to provide a common date for the assumption of office for all the
elected officials of counties, cities, towns, and special purpose districts other than school districts where the ownership
of property is not a prerequisite of voting. A person elected
to the office of school director begins his or her term of office
at the first official meeting of the board of directors after certification of the election results. It is also the purpose of this
section to remove these conflicts and delete old statutory language concerning such elections which is no longer necessary.
(2) For elective offices of counties, cities, towns, and
special purpose districts other than school districts where the
ownership of property is not a prerequisite of voting, the term
of incumbents ends and the term of successors begins after
the successor is elected and qualified, and the term commences immediately after December 31st following the election, except as follows:
(a) Where the term of office varies from this standard
according to statute; and
(b) If the election results have not been certified prior to
January 1st after the election, in which event the time of commencement for the new term occurs when the successor
becomes qualified in accordance with RCW 29A.04.133.
(3) For elective offices governed by this section, the oath
of office must be taken as the last step of qualification as
defined in RCW 29A.04.133 but may be taken either:
(a) Up to ten days prior to the scheduled date of assuming office; or
(b) At the last regular meeting of the governing body of
the applicable county, city, town, or special district held
before the winner is to assume office. [2003 c 111 § 504;
1999 c 298 § 3; 1980 c 35 § 7; 1979 ex.s. c 126 § 1. Formerly
RCW 29.04.170.]
29A.20.040
Severability—1980 c 35: See note following RCW 28A.343.300.
MINOR PARTY AND INDEPENDENT
CANDIDATE NOMINATIONS
29A.20.111 Definitions—"Convention" and "election jurisdiction." A "convention" for the purposes of this
chapter, is an organized assemblage of registered voters representing an independent candidate or candidates or a new or
minor political party, organization, or principle. As used in
this chapter, the term "election jurisdiction" shall mean the
state or any political subdivision or jurisdiction of the state
from which partisan officials are elected. This term shall
include county commissioner districts or council districts for
members of a county legislative authority, counties for
county officials who are nominated and elected on a countywide basis, legislative districts for members of the legislature, congressional districts for members of Congress, and
the state for president and vice president, members of the
29A.20.111
(2008 Ed.)
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
29A.20.131 Convention—Notice. Each minor party or
independent candidate must publish a notice in a newspaper
of general circulation within the county in which the party or
the candidate intends to hold a convention. The notice must
appear at least ten days before the convention is to be held,
and shall state the date, time, and place of the convention.
Additionally, it shall include the mailing address of the person or organization sponsoring the convention. [2004 c 271
§ 189.]
29A.20.131
[Title 29A RCW—page 35]
29A.20.141
Title 29A RCW: Elections
29A.20.141 Convention—Requirements for validity.
(1) To be valid, a convention must be attended by at least one
hundred registered voters.
(2) In order to nominate candidates for the offices of
president and vice president of the United States, United
States senator, United States representative, or any statewide
office, a nominating convention shall obtain and submit to
the filing officer the signatures of at least one thousand registered voters of the state of Washington. In order to nominate
candidates for any other office, a nominating convention
shall obtain and submit to the filing officer the signatures of
one hundred persons who are registered to vote in the jurisdiction of the office for which the nominations are made.
[2004 c 271 § 111.]
29A.20.141
29A.20.151 Nominating petition—Requirements. A
nominating petition submitted under this chapter shall clearly
identify the name of the minor party or independent candidate convention as it appears on the certificate of nomination
as required by RCW 29A.20.161(3). The petition shall also
contain a statement that the person signing the petition is a
registered voter of the state of Washington and shall have a
space for the voter to sign his or her name and to print his or
her name and address. No person may sign more than one
nominating petition under this chapter for an office for an
election. [2004 c 271 § 112.]
29A.20.151
29A.20.161 Certificate of nomination—Requisites.
A certificate evidencing nominations made at a convention
must:
(1) Be in writing;
(2) Contain the name of each person nominated, his or
her residence, and the office for which he or she is named,
and if the nomination is for the offices of president and vice
president of the United States, a sworn statement from both
nominees giving their consent to the nomination;
(3) Identify the minor political party or the independent
candidate on whose behalf the convention was held;
(4) Be verified by the oath of the presiding officer and
secretary;
(5) Be accompanied by a nominating petition or petitions
bearing the signatures and addresses of registered voters
equal in number to that required by RCW 29A.20.141;
(6) Contain proof of publication of the notice of calling
the convention; and
(7) Be submitted to the appropriate filing officer not later
than one week following the adjournment of the convention
at which the nominations were made. If the nominations are
made only for offices whose jurisdiction is entirely within
one county, the certificate and nominating petitions must be
filed with the county auditor. If a minor party or independent
candidate convention nominates any candidates for offices
whose jurisdiction encompasses more than one county, all
nominating petitions and the convention certificates must be
filed with the secretary of state. [2004 c 271 § 154.]
29A.20.161
29A.20.171 Multiple certificates of nomination. (1) If
two or more valid certificates of nomination are filed purporting to nominate different candidates for the same position
using the same party name, the filing officer must give effect
to both certificates. If conflicting claims to the party name
29A.20.171
[Title 29A RCW—page 36]
are not resolved either by mutual agreement or by a judicial
determination of the right to the name, the candidates must be
treated as independent candidates. Disputes over the right to
the name must not be permitted to delay the printing of either
ballots or a voters’ pamphlet. Other candidates nominated by
the same conventions may continue to use the partisan affiliation unless a court of competent jurisdiction directs otherwise.
(2) A person affected may petition the superior court of
the county in which the filing officer is located for a judicial
determination of the right to the name of a minor political
party, either before or after documents are filed with the filing officer. The court shall resolve the conflict between competing claims to the use of the same party name according to
the following principles: (a) The prior established public use
of the name during previous elections by a party composed of
or led by the same individuals or individuals in documented
succession; (b) prior established public use of the name earlier in the same election cycle; (c) the nomination of a more
complete slate of candidates for a number of offices or in a
number of different regions of the state; (d) documented affiliation with a national or statewide party organization with an
established use of the name; (e) the first date of filing of a certificate of nomination; and (f) such other indicia of an established right to use of the name as the court may deem relevant. If more than one filing officer is involved, and one of
them is the secretary of state, the petition must be filed in the
superior court for Thurston county. Upon resolving the conflict between competing claims, the court may also address
any ballot designation for the candidate who does not prevail.
[2004 c 271 § 155.]
29A.20.181
29A.20.181 Presidential electors—Selection at convention. A minor political party or independent candidate
convention nominating candidates for the offices of president
and vice president of the United States shall, not later than ten
days after the adjournment of the convention, submit a list of
presidential electors to the office of the secretary of state.
The list shall contain the names and the mailing addresses of
the persons selected and shall be verified by the presiding
officer of the convention. [2004 c 271 § 156.]
29A.20.191
29A.20.191 Certificate of nomination—Checking
signatures—Appeal of determination. Upon the receipt of
the certificate of nomination, the officer with whom it is filed
shall check the certificate and canvass the signatures on the
accompanying nominating petitions to determine if the
requirements of RCW 29A.20.141 have been met. Once the
determination has been made, the filing officer shall notify
the presiding officer of the convention and any other persons
requesting the notification, of his or her decision regarding
the sufficiency of the certificate or the nominating petitions.
Any appeal regarding the filing officer’s determination must
be filed with the superior court of the county in which the certificate or petitions were filed not later than five days from
the date the determination is made, and shall be heard and
finally disposed of by the court within five days of the filing.
Nominating petitions shall not be available for public inspection or copying. [2004 c 271 § 157.]
(2008 Ed.)
Filing for Office
29A.20.201 Declarations of candidacy required,
exceptions—Payment of fees. Not later than the Friday
immediately preceding the first day for candidates to file, the
secretary of state shall notify the county auditors of the names
and designations of all minor party and independent candidates who have filed valid convention certificates and nominating petitions with that office. Except for the offices of
president and vice president, persons nominated under this
chapter shall file declarations of candidacy as provided by
RCW 29A.24.031 and 29A.24.070. The name of a candidate
nominated at a convention shall not be printed upon the general election ballot unless he or she pays the fee required by
law to be paid by candidates for the same office to be nominated at a primary. [2004 c 271 § 113.]
29A.20.201
Chapter 29A.24
Chapter 29A.24 RCW
FILING FOR OFFICE
Sections
GENERAL
29A.24.010
29A.24.020
29A.24.030
29A.24.031
29A.24.040
29A.24.050
29A.24.060
29A.24.070
29A.24.081
29A.24.091
29A.24.101
29A.24.111
29A.24.120
29A.24.131
29A.24.141
29A.24.151
29A.24.161
29A.24.171
29A.24.181
29A.24.191
29A.24.201
29A.24.210
29A.24.211
29A.24.220
Officials to designate position numbers, when—Effect.
Designation of short terms, full terms, and unexpired
terms—Filing declarations—Election to both short and
full terms.
Declaration of candidacy.
Declaration of candidacy.
Declaration of candidacy—Electronic filing.
Declaration of candidacy—Certain offices, when filed.
Candidates’ names—Nicknames.
Declaration of candidacy—Where filed—Copy to public
disclosure commission.
Declaration—Filing by mail.
Declaration—Fees and petitions.
Filing fee petition—Form.
Petitions—Rejection—Acceptance, canvass of signatures—Judicial review.
Date for withdrawal—Notice.
Withdrawal of candidacy.
Void in candidacy—Exception.
Notice of void in candidacy.
Filings to fill void in candidacy—How made.
Reopening of filing—Before eleventh Tuesday before primary.
Reopening of filing—After eleventh Tuesday before primary.
Scheduled election lapses, when.
Lapse of election when no filing for single positions—
Effect.
Vacancy in partisan elective office—Special filing period.
Vacancy in partisan elective office—Special filing period.
Void in candidacy for water-sewer districts—Fewer than
one hundred residents.
WRITE-IN CANDIDATES
29A.24.311
29A.24.320
Write-in voting—Candidates, declaration.
Write-in candidates—Notice to auditors, ballot counters.
GENERAL
29A.24.010 Officials to designate position numbers,
when—Effect. Not less than thirty days before the first day
for filing declarations of candidacy under RCW 29A.24.050
for legislative, judicial, county, city, town, or district office,
where more than one position with the same name, district
number, or title will be voted upon at the succeeding election,
the filing officer shall designate the positions to be filled by
number.
The positions so designated shall be dealt with as separate offices for all election purposes. With the exception of
the office of justice of the supreme court, the position num29A.24.010
(2008 Ed.)
29A.24.030
bers shall be assigned, whenever possible, to reflect the position numbers that were used to designate the same positions
at the last full-term election for those offices. [2003 c 111 §
601. Prior: 1990 c 59 § 79; 1965 c 52 § 1. Formerly RCW
29.15.130, 29.18.015.]
29A.24.020 Designation of short terms, full terms,
and unexpired terms—Filing declarations—Election to
both short and full terms. If at the same election there are
short terms or full terms and unexpired terms of office to be
filled, the filing officer shall distinguish them and designate
the short term, the full term, and the unexpired term, as such,
or by use of the words "short term," "unexpired two year
term," or "four year term," as the case may be.
In filing the declaration of candidacy in such cases the
candidate shall specify that the candidacy is for the short
term, the full term, or the unexpired term. When both a short
term and a full term for the same position are scheduled to be
voted upon, or when a short term is created after the close of
the filing period, a single declaration of candidacy accompanied by a single filing fee shall be construed as a filing for
both the short term and the full term and the name of such
candidate shall appear upon the ballot for the position sought
with the designation "short term and full term." The candidate elected to both such terms shall be sworn into and
assume office for the short term as soon as the election
returns have been certified and shall again be sworn into
office on the second Monday in January following the election to assume office for the full term. [2003 c 111 § 602.
Prior: 1990 c 59 § 92; 1975-’76 2nd ex.s. c 120 § 4; 1965 c 9
§ 29.21.140; prior: (i) 1927 c 155 § 1, part; 1925 ex.s. c 68 §
1, part; 1921 c 116 § 1, part; 1919 c 85 § 1, part; 1911 c 101
§ 1, part; 1909 c 82 § 11, part; 1907 c 209 § 38, part; RRS §
5212, part. (ii) 1933 c 85 § 1, part; RRS § 5213-1, part. Formerly RCW 29.15.140, 29.21.140.]
29A.24.020
Severability—1975-’76 2nd ex.s. c 120: See note following RCW
29A.52.210.
Term of person elected to fill vacancy: RCW 42.12.030.
Vacancies in public office, how filled: RCW 42.12.010.
29A.24.030
29A.24.030 Declaration of candidacy. A candidate who desires to
have his or her name printed on the ballot for election to an office other than
president of the United States, vice president of the United States, or an
office for which ownership of property is a prerequisite to voting shall complete and file a declaration of candidacy. The secretary of state shall adopt,
by rule, a declaration of candidacy form for the office of precinct committee
officer and a separate standard form for candidates for all other offices filing
under this chapter. Included on the standard form shall be:
(1) A place for the candidate to declare that he or she is a registered
voter within the jurisdiction of the office for which he or she is filing, and the
address at which he or she is registered;
(2) A place for the candidate to indicate the position for which he or she
is filing;
(3) For partisan offices only, a place for the candidate to indicate his or
her major or minor party preference, or independent status;
(4) A place for the candidate to indicate the amount of the filing fee
accompanying the declaration of candidacy or for the candidate to indicate
that he or she is filing a nominating petition in lieu of the filing fee under
*RCW 29A.24.090;
(5) A place for the candidate to sign the declaration of candidacy, stating that the information provided on the form is true and swearing or affirming that he or she will support the Constitution and laws of the United States
and the Constitution and laws of the state of Washington.
In the case of a declaration of candidacy filed electronically, submission of the form constitutes agreement that the information provided with the
[Title 29A RCW—page 37]
29A.24.030
Title 29A RCW: Elections
filing is true, that he or she will support the Constitutions and laws of the
United States and the state of Washington, and that he or she agrees to electronic payment of the filing fee established in *RCW 29A.24.090.
The secretary of state may require any other information on the form he
or she deems appropriate to facilitate the filing process. [2005 c 2 § 9 (Initiative Measure No. 872, approved November 2, 2004); 2003 c 111 § 603;
2002 c 140 § 1; 1990 c 59 § 82. Formerly RCW 29.15.010.]
tronic payment of the filing fee established in RCW
29A.24.091.
The secretary of state may require any other information
on the form he or she deems appropriate to facilitate the filing
process. [2004 c 271 § 158.]
Reviser’s note: *(1) RCW 29A.24.090 was repealed by 2004 c 271 §
193. Later enactment, see RCW 29A.24.091.
(2) RCW 29A.24.030 was amended by 2005 c 2 § 9 (Initiative Measure
No. 872) without cognizance of its repeal by 2004 c 271 § 193. For rule of
construction, see RCW 1.12.025.
(3) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
29A.24.040 Declaration of candidacy—Electronic filing. A candidate may file his or her declaration of candidacy
for an office by electronic means on a system specifically
designed and authorized by a filing officer to accept filings.
(1) Filings that are received electronically must capture
all information specified in RCW 29A.24.031 (1) through
(4).
(2) Electronic filing may begin at 9:00 a.m. the first
Monday in June and continue through 4:00 p.m. the following Friday.
(3) In case of special filing periods established in this
chapter, electronic filings may be accepted beginning at 9:00
a.m. on the first day of the special filing period through 4:00
p.m. the last day of the special filing period. [2006 c 344 § 5;
2003 c 111 § 604. Prior: 2002 c 140 § 2. Formerly RCW
29.15.044.]
Short title—Intent—Contingent effective date—2005 c 2 (Initiative
Measure No. 872): See notes following RCW 29A.52.112.
Implementation—2002 c 140: "The secretary of state may take the
necessary steps to ensure that this act is implemented on its effective date."
[2002 c 140 § 5.]
Captions not law—2002 c 140: "Section captions used in this act are
not part of the law." [2002 c 140 § 6.]
29A.24.030
29A.24.030 Declaration of candidacy. [2003 c 111 § 603; 2002 c
140 § 1; 1990 c 59 § 82. Formerly RCW 29.15.010.] Repealed by 2004 c
271 § 193.
Reviser’s note: (1) RCW 29A.24.030 was amended by 2005 c 2 § 9
(Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271
§ 193. For rule of construction, see RCW 1.12.025.
(2) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
29A.24.031 Declaration of candidacy. A candidate
who desires to have his or her name printed on the ballot for
election to an office other than president of the United States,
vice president of the United States, or an office for which
ownership of property is a prerequisite to voting shall complete and file a declaration of candidacy. The secretary of
state shall adopt, by rule, a declaration of candidacy form for
the office of precinct committee officer and a separate standard form for candidates for all other offices filing under this
chapter. Included on the standard form shall be:
(1) A place for the candidate to declare that he or she is a
registered voter within the jurisdiction of the office for which
he or she is filing, and the address at which he or she is registered;
(2) A place for the candidate to indicate the position for
which he or she is filing;
(3) A place for the candidate to indicate a party designation, if applicable;
(4) A place for the candidate to indicate the amount of
the filing fee accompanying the declaration of candidacy or
for the candidate to indicate that he or she is filing a nominating petition in lieu of the filing fee under RCW 29A.24.091;
(5) A place for the candidate to sign the declaration of
candidacy, stating that the information provided on the form
is true and swearing or affirming that he or she will support
the Constitution and laws of the United States and the Constitution and laws of the state of Washington.
In the case of a declaration of candidacy filed electronically, submission of the form constitutes agreement that the
information provided with the filing is true, that he or she will
support the Constitutions and laws of the United States and
the state of Washington, and that he or she agrees to elec-
29A.24.040
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
Implementation—2002 c 140: "The secretary of state may take the
necessary steps to ensure that this act is implemented on its effective date."
[2002 c 140 § 5.]
Captions not law—2002 c 140: "Section captions used in this act are
not part of the law." [2002 c 140 § 6.]
29A.24.031
[Title 29A RCW—page 38]
29A.24.050 Declaration of candidacy—Certain
offices, when filed. Except where otherwise provided by this
title, declarations of candidacy for the following offices shall
be filed during regular business hours with the filing officer
no earlier than the first Monday in June and no later than the
following Friday in the year in which the office is scheduled
to be voted upon:
(1) Offices that are scheduled to be voted upon for full
terms or both full terms and short terms at, or in conjunction
with, a state general election; and
(2) Offices where a vacancy, other than a short term,
exists that has not been filled by election and for which an
election to fill the vacancy is required in conjunction with the
next state general election.
This section supersedes all other statutes that provide for
a different filing period for these offices. [2006 c 344 § 6;
2003 c 111 § 605. Prior: 1990 c 59 § 81; 1986 c 167 § 8;
1984 c 142 § 2. Formerly RCW 29.15.020, 29.18.025.]
29A.24.050
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
Severability—1986 c 167: See note following RCW 29A.04.049.
Intent—1984 c 142: "It is the intention of the legislature that this act
shall provide an equitable qualifying procedure for candidates who, at the
time of filing, lack sufficient assets or income to pay the filing fees otherwise
required of candidates for public office." [1984 c 142 § 1.]
29A.24.060 Candidates’ names—Nicknames. When
filing for office, a candidate may indicate the manner in
which he or she desires his or her name to be printed on the
ballot. For filing purposes, a candidate may use a nickname
by which he or she is commonly known as his or her first
29A.24.060
(2008 Ed.)
Filing for Office
29A.24.091
name, but the last name shall be the name under which he or
she is registered to vote.
No candidate may:
(1) Use a nickname that denotes present or past occupation, including military rank;
(2) Use a nickname that denotes the candidate’s position
on issues or political affiliation;
(3) Use a nickname designed intentionally to mislead
voters. [2003 c 111 § 606; 1990 c 59 § 83. Formerly RCW
29.15.090.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
29A.24.070 Declaration of candidacy—Where
filed—Copy to public disclosure commission. Declarations of candidacy shall be filed with the following filing
officers:
(1) The secretary of state for declarations of candidacy
for statewide offices, United States senate, and United States
house of representatives;
(2) The secretary of state for declarations of candidacy
for the state legislature, the court of appeals, and the superior
court when the candidate is seeking office in a district comprised of voters from two or more counties. The secretary of
state and the county auditor may accept declarations of candidacy for candidates for the state legislature, the court of
appeals, and the superior court when the candidate is seeking
office in a district comprised of voters from one county;
(3) The county auditor for all other offices. For any nonpartisan office, other than judicial offices and school director
in joint districts, where voters from a district comprising
more than one county vote upon the candidates, a declaration
of candidacy shall be filed with the county auditor of the
county in which a majority of the registered voters of the district reside. For school directors in joint school districts, the
declaration of candidacy shall be filed with the county auditor of the county designated by the superintendent of public
instruction as the county to which the joint school district is
considered as belonging under RCW 28A.323.040;
(4) For all other purposes of this title, a declaration of
candidacy for the state legislature, the court of appeals, and
the superior court filed with the secretary of state shall be
deemed to have been filed with the county auditor when the
candidate is seeking office in a district composed of voters
from one county.
Each official with whom declarations of candidacy are
filed under this section, within one business day following
the closing of the applicable filing period, shall transmit to
the public disclosure commission the information required in
RCW 29A.24.031 (1) through (4) for each declaration of candidacy filed in his or her office during such filing period or a
list containing the name of each candidate who files such a
declaration in his or her office during such filing period
together with a precise identification of the position sought
by each such candidate and the date on which each such declaration was filed. Such official, within three days following
his or her receipt of any letter withdrawing a person’s name
as a candidate, shall also forward a copy of such withdrawal
letter to the public disclosure commission. [2006 c 263 §
614; 2005 c 221 § 1; 2003 c 111 § 607; 2002 c 140 § 4; 1998
c 22 § 1; 1990 c 59 § 84; 1977 ex.s. c 361 § 30; 1975-’76 2nd
ex.s. c 112 § 1; 1965 c 9 § 29.18.040. Prior: 1907 c 209 § 7;
RRS § 5184. Formerly RCW 29.15.030, 29.18.040.]
29A.24.081 Declaration—Filing by mail. Any candidate may mail his or her declaration of candidacy for an
office to the filing officer. Such declarations of candidacy
shall be processed by the filing officer in the following manner:
(1) Any declaration received by the filing officer by mail
before the tenth business day immediately preceding the first
day for candidates to file for office shall be returned to the
candidate submitting it, together with a notification that the
declaration of candidacy was received too early to be processed. The candidate shall then be permitted to resubmit his
or her declaration of candidacy during the filing period.
(2) Any properly executed declaration of candidacy
received by mail on or after the tenth business day immediately preceding the first day for candidates to file for office
and before the close of business on the last day of the filing
period shall be included with filings made in person during
the filing period. In partisan and judicial elections the filing
officer shall determine by lot the order in which the names of
those candidates shall appear upon sample and absentee primary ballots.
(3) Any declaration of candidacy received by the filing
officer after the close of business on the last day for candidates to file for office shall be rejected and returned to the
candidate attempting to file it. [2004 c 271 § 159.]
29A.24.070
(2008 Ed.)
Implementation—Captions not law—2002 c 140: See notes following RCW 29A.24.040.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
Construction—1975-’76 2nd ex.s. c 112: RCW 42.17.945.
Severability—1975-’76 2nd ex.s. c 112: RCW 42.17.912.
Public disclosure—Campaign finances, lobbying, records: Chapter 42.17
RCW.
29A.24.081
29A.24.091 Declaration—Fees and petitions. A filing
fee of one dollar shall accompany each declaration of candidacy for precinct committee officer; a filing fee of ten dollars
shall accompany the declaration of candidacy for any office
with a fixed annual salary of one thousand dollars or less; a
filing fee equal to one percent of the annual salary of the
office at the time of filing shall accompany the declaration of
candidacy for any office with a fixed annual salary of more
than one thousand dollars per annum. No filing fee need
accompany a declaration of candidacy for any office for
which compensation is on a per diem or per meeting attended
basis.
A candidate who lacks sufficient assets or income at the
time of filing to pay the filing fee required by this section
shall submit with his or her declaration of candidacy a filing
fee petition. The petition shall contain not less than a number
of signatures of registered voters equal to the number of dollars of the filing fee. The signatures shall be of voters registered to vote within the jurisdiction of the office for which the
candidate is filing.
When the candidacy is for:
(1) A legislative or judicial office that includes territory
from more than one county, the fee shall be paid to the secre29A.24.091
[Title 29A RCW—page 39]
29A.24.101
Title 29A RCW: Elections
tary of state for equal division between the treasuries of the
counties comprising the district.
(2) A legislative or judicial office that includes territory
from only one county:
(a) The fee shall be paid to the county auditor if the candidate filed his or her declaration of candidacy with the
county auditor;
(b) The fee shall be paid to the secretary of state if the
candidate filed his or her declaration of candidacy with the
secretary of state. The secretary of state shall then promptly
transmit the fee to the county auditor of the county in which
the legislative or judicial office is located.
(3) A city or town office, the fee shall be paid to the
county auditor who shall transmit it to the city or town clerk
for deposit in the city or town treasury. [2006 c 206 § 3; 2005
c 221 § 2; 2004 c 271 § 160.]
29A.24.101 Filing fee petition—Form. (1) The filing
fee petition authorized by RCW 29A.24.091 must be printed
on sheets of uniform color and size, must include a place for
each individual to sign and print his or her name and the
address, city, and county at which he or she is registered to
vote, and must contain no more than twenty numbered lines.
(2) For candidates for nonpartisan office and candidates
of a major political party for partisan office, the filing fee
petition must be in substantially the following form:
29A.24.101
The warning prescribed by RCW 29A.72.140; followed
by:
We, the undersigned registered voters of (the state of
Washington or the political subdivision for which the nomination is made) , hereby petition that the name of
(candidate’s name) be printed on the official primary ballot for the office of (insert name of office) .
(3) For independent candidates and candidates of a
minor political party for partisan office, the filing fee petition
must be in substantially the following form:
The warning prescribed by RCW 29A.72.140; followed
by:
We, the undersigned registered voters of (the state of
Washington or the political subdivision for which the nomination is made) , hereby petition that the name of
(candidate’s name) be printed on the official general election ballot for the office of (insert name of office) . [2006
c 206 § 4; 2004 c 271 § 114.]
29A.24.111 Petitions—Rejection—Acceptance, canvass of signatures—Judicial review. Filing fee petitions
may be rejected for the following reasons:
(1) The petition is not in the proper form;
(2) The petition clearly bears insufficient signatures;
(3) The petition is not accompanied by a declaration of
candidacy;
(4) The time within which the petition and the declaration of candidacy could have been filed has expired.
If the petition is accepted, the officer with whom it is
filed shall canvass the signatures contained on it and shall
reject the signatures of those persons who are not registered
voters and the signatures of those persons who are not regis29A.24.111
[Title 29A RCW—page 40]
tered to vote within the jurisdiction of the office for which the
filing fee petition is filed. He or she shall additionally reject
any signature that appears on the filing fee petitions of two or
more candidates for the same office and shall also reject, each
time it appears, the name of any person who signs the same
petition more than once.
If the officer with whom the petition is filed refuses to
accept the petition or refuses to certify the petition as bearing
sufficient valid signatures, the person filing the petition may
appeal that action to the superior court. The application for
judicial review shall take precedence over other cases and
matters and shall be speedily heard and determined. [2006 c
206 § 5; 2004 c 271 § 161.]
29A.24.120
29A.24.120 Date for withdrawal—Notice. Each person who files a declaration of candidacy for an elected office
of a city, town, or special district shall be given written notice
of the date by which a candidate may withdraw his or her candidacy under *RCW 29A.24.130. [2003 c 111 § 612. Prior:
1994 c 223 § 7. Formerly RCW 29.15.125.]
*Reviser’s note: RCW 29A.24.130 was repealed by 2004 c 271 § 193.
Later enactment, see RCW 29A.24.131.
29A.24.131
29A.24.131 Withdrawal of candidacy. A candidate
may withdraw his or her declaration of candidacy at any time
before the close of business on the Thursday following the
last day for candidates to file under RCW 29A.24.050 by filing, with the officer with whom the declaration of candidacy
was filed, a signed request that his or her name not be printed
on the ballot. There shall be no withdrawal period for declarations of candidacy filed during special filing periods held
under this title. The filing officer may permit the withdrawal
of a filing for the office of precinct committee officer at the
request of the candidate at any time if no absentee ballots
have been issued for that office and the ballots for that precinct have not been printed. The filing officer may permit the
withdrawal of a filing for any elected office of a city, town, or
special district at the request of the candidate at any time
before a primary if the primary ballots for that city, town, or
special district have not been ordered. No filing fee may be
refunded to any candidate who withdraws under this section.
Notice of the deadline for withdrawal of candidacy and that
the filing fee is not refundable shall be given to each candidate at the time he or she files. [2004 c 271 § 115.]
29A.24.141
29A.24.141 Void in candidacy—Exception. A void in
candidacy for a nonpartisan office occurs when an election
for such office, except for the short term, has been scheduled
and no valid declaration of candidacy has been filed for the
position or all persons filing such valid declarations of candidacy have died or been disqualified. [2004 c 271 § 162.]
29A.24.151
29A.24.151 Notice of void in candidacy. The election
officer with whom declarations of candidacy are filed shall
give notice of a void in candidacy for a nonpartisan office, by
notifying press, radio, and television in the county and by
such other means as may now or hereafter be provided by
law. The notice shall state the office, and the time and place
for filing declarations of candidacy. [2004 c 271 § 163.]
(2008 Ed.)
Filing for Office
29A.24.161 Filings to fill void in candidacy—How
made. Filings to fill a void in candidacy for nonpartisan
office must be made in the same manner and with the same
official as required during the regular filing period for such
office, except that nominating signature petitions that may be
required of candidates filing for certain district offices during
the normal filing period may not be required of candidates filing during the special three-day filing period. [2004 c 271 §
164.]
29A.24.161
29A.24.171 Reopening of filing—Before eleventh
Tuesday before primary. Filings for a nonpartisan office
shall be reopened for a period of three normal business days,
such three-day period to be fixed by the election officer with
whom such declarations of candidacy are filed and notice
thereof given by notifying press, radio, and television in the
county and by such other means as may now or hereafter be
provided by law whenever before the eleventh Tuesday prior
to a primary:
(1) A void in candidacy occurs;
(2) A vacancy occurs in any nonpartisan office leaving
an unexpired term to be filled by an election for which filings
have not been held; or
(3) A nominee for judge of the superior court entitled to
a certificate of election pursuant to Article 4, section 29,
Amendment 41 of the state Constitution, dies or is disqualified.
Candidacies validly filed within said three-day period
shall appear on the ballot as if made during the earlier filing
period. [2006 c 344 § 7; 2004 c 271 § 165.]
29A.24.171
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
29A.24.210
29A.24.191 Scheduled election lapses, when. A
scheduled election shall be lapsed, the office deemed stricken
from the ballot, no purported write-in votes counted, and no
candidate certified as elected, when:
(1) In an election for judge of the supreme court or superintendent of public instruction, a void in candidacy occurs on
or after the eleventh Tuesday prior to a primary, public filings
and the primary being an indispensable phase of the election
process for such offices;
(2) Except as otherwise specified in RCW 29A.24.181, a
nominee for judge of the superior court entitled to a certificate of election pursuant to Article 4, section 29, Amendment
41 of the state Constitution dies or is disqualified on or after
the eleventh Tuesday prior to a primary;
(3) In other elections for nonpartisan office a void in candidacy occurs or a vacancy occurs involving an unexpired
term to be filled on or after the eleventh Tuesday prior to an
election. [2006 c 344 § 9; 2004 c 271 § 167.]
29A.24.191
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
29A.24.201 Lapse of election when no filing for single
positions—Effect. If after both the normal filing period and
special three-day filing period as provided by RCW
29A.24.171 and 29A.24.181 have passed, no candidate has
filed for any single city, town, or district position to be filled,
the election for such position shall be deemed lapsed, the
office deemed stricken from the ballot and no write-in votes
counted. In such instance, the incumbent occupying such
position shall remain in office and continue to serve until a
successor is elected at the next election when such positions
are voted upon. [2004 c 271 § 190.]
29A.24.201
29A.24.210 Vacancy in partisan elective office—Special filing period. Filings for a partisan elective office shall
be opened for a period of three normal business days whenever, on or after the first day of the regular filing period and
before the sixth Tuesday prior to an election, a vacancy
occurs in that office, leaving an unexpired term to be filled by
an election for which filings have not been held.
Any special three-day filing period shall be fixed by the
election officer with whom declarations of candidacy for that
office are filed. The election officer shall give notice of the
special three-day filing period by notifying the press, radio,
and television in the county or counties involved, and by any
other means as may be required by law.
Candidacies validly filed within the special three-day filing period shall appear on the primary or general election ballot as if filed during the regular filing period.
The procedures for filings for partisan offices where a
vacancy occurs under this section or a void in candidacy
occurs under *RCW 29A.24.140 must be substantially similar to the procedures for nonpartisan offices under *RCW
29A.24.150 through 29A.24.170. [2005 c 2 § 10 (Initiative
Measure No. 872, approved November 2, 2004); 2003 c 111
§ 621. Prior: 2001 c 46 § 3; 1981 c 180 § 2. Formerly RCW
29.15.230, 29.18.032.]
29A.24.210
29A.24.181 Reopening of filing—After eleventh
Tuesday before primary. Filings for a nonpartisan office
(other than judge of the supreme court or superintendent of
public instruction) shall be reopened for a period of three normal business days, such three-day period to be fixed by the
election officer with whom such declarations of candidacy
are filed and notice thereof given by notifying press, radio,
and television in the county and by such other means as may
now or hereafter be provided by law, when:
(1) A void in candidacy for such nonpartisan office
occurs on or after the eleventh Tuesday prior to a primary but
prior to the eleventh Tuesday before an election; or
(2) A nominee for judge of the superior court eligible
after a contested primary for a certificate of election by Article 4, section 29, Amendment 41 of the state Constitution,
dies or is disqualified within the ten-day period immediately
following the last day allotted for a candidate to withdraw; or
(3) A vacancy occurs in any nonpartisan office on or
after the eleventh Tuesday prior to a primary but prior to the
eleventh Tuesday before an election leaving an unexpired
term to be filled by an election for which filings have not
been held.
The candidate receiving a plurality of the votes cast for
that office in the general election shall be deemed elected.
[2006 c 344 § 8; 2004 c 271 § 166.]
29A.24.181
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
(2008 Ed.)
Reviser’s note: *(1) RCW 29A.24.140, 29A.24.150, 29A.24.160, and
29A.24.170 were repealed by 2004 c 271 § 193. Later enactment, see RCW
29A.24.141, 29A.24.151, 29A.24.161, and 29A.24.171.
(2) The constitutionality of Initiative Measure No. 872 was upheld in
[Title 29A RCW—page 41]
29A.24.211
Title 29A RCW: Elections
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
Short title—Intent—Contingent effective date—2005 c 2 (Initiative
Measure No. 872): See notes following RCW 29A.52.112.
Severability—1981 c 180: See note following RCW 42.12.040.
Vacancy in partisan elective office, successor elected, when: RCW
42.12.040.
Vacancy in United States senate, special filing period in 1983: Chapter 1,
Laws of 1983 3rd ex. sess. (uncodified).
29A.24.211 Vacancy in partisan elective office—Special filing period. Filings for a partisan elective office shall
be opened for a period of three normal business days whenever, on or after the first day of the regular filing period and
before the eleventh Tuesday prior to a primary, a vacancy
occurs in that office, leaving an unexpired term to be filled by
an election for which filings have not been held.
Any such special three-day filing period shall be fixed by
the election officer with whom declarations of candidacy for
that office are filed. The election officer shall give notice of
the special three-day filing period by notifying the press,
radio, and television in the county or counties involved, and
by such other means as may be required by law.
Candidacies validly filed within the special three-day filing period shall appear on the ballot as if filed during the regular filing period. [2006 c 344 § 10; 2004 c 271 § 116.]
29A.24.211
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
29A.24.220 Void in candidacy for water-sewer districts—Fewer than one hundred residents. A void in candidacy in a water-sewer district with fewer than one hundred
residents may be filled in accordance with RCW 57.12.035.
[2007 c 383 § 2.]
(2) The person attempting to file as a write-in candidate
has already filed a valid write-in declaration for that primary
or election, unless one or the other of the two filings is for the
office of precinct committeeperson;
(3) The name of the person attempting to file already
appears on the ballot as a candidate for another office, unless
one of the two offices for which he or she is a candidate is
precinct committeeperson.
The declaration of candidacy shall be similar to that
required by RCW 29A.24.031. No write-in candidate filing
under this section may be included in any voter’s pamphlet
produced under chapter 29A.32 RCW unless that candidate
qualifies to have his or her name printed on the general election ballot. The legislative authority of any jurisdiction producing a local voter’s pamphlet under chapter 29A.32 RCW
may provide, by ordinance, for the inclusion of write-in candidates in such pamphlets. [2004 c 271 § 117.]
29A.24.320 Write-in candidates—Notice to auditors,
ballot counters. The secretary of state shall notify each
county auditor of any declarations filed with the secretary
under *RCW 29A.24.310 for offices appearing on the ballot
in that county. The county auditor shall ensure that those persons charged with counting the ballots for a primary or election are notified of all valid write-in candidates before the
tabulation of those ballots. [2003 c 111 § 623. Prior: 1988 c
181 § 2. Formerly RCW 29.04.190.]
29A.24.320
*Reviser’s note: RCW 29A.24.310 was repealed by 2004 c 271 § 193.
Later enactment, see RCW 29A.24.311.
29A.24.220
WRITE-IN CANDIDATES
29A.24.311 Write-in voting—Candidates, declaration. Any person who desires to be a write-in candidate and
have such votes counted at a primary or election may file a
declaration of candidacy with the officer designated in RCW
29A.24.070 not later than the day before the primary or election. Declarations of candidacy for write-in candidates must
be accompanied by a filing fee in the same manner as
required of other candidates filing for the office as provided
in RCW 29A.24.091.
Votes cast for write-in candidates who have filed such
declarations of candidacy and write-in votes for persons
appointed by major political parties pursuant to RCW
29A.28.021 need only specify the name of the candidate in
the appropriate location on the ballot in order to be counted.
Write-in votes cast for any other candidate, in order to be
counted, must designate the office sought and position number or political party, if the manner in which the write-in is
done does not make the office or position clear.
No person may file as a write-in candidate where:
(1) At a general election, the person attempting to file
either filed as a write-in candidate for the same office at the
preceding primary or the person’s name appeared on the ballot for the same office at the preceding primary;
29A.24.311
[Title 29A RCW—page 42]
Chapter 29A.28
Chapter 29A.28 RCW
VACANCIES
Sections
29A.28.011
29A.28.021
29A.28.030
29A.28.041
29A.28.050
29A.28.061
29A.28.071
Major party ticket.
Death or disqualification—Correcting ballots—Counting
votes already cast.
United States senate.
Congress—Special election.
Congress—Notices of special primary and election.
Congress—General, primary election laws to apply—Time
deadlines, modifications.
Precinct committee officer.
29A.28.011 Major party ticket. If a place on the ticket
of a major political party is vacant because no person has
filed for nomination as the candidate of that major political
party, after the last day allowed for candidates to withdraw as
provided by RCW 29A.24.131, and if the vacancy is for a
state or county office to be voted on solely by the electors of
a single county, the county central committee of the major
political party may select and certify a candidate to fill the
vacancy. If the vacancy is for any other office the state central committee of the major political party may select and certify a candidate to fill the vacancy. The certificate must set
forth the cause of the vacancy, the name of the person nominated, the office for which the person is nominated, and other
pertinent information required in an ordinary certificate of
nomination and be filed in the proper office no later than the
first Friday after the last day allowed for candidates to withdraw, together with the candidate’s fee applicable to that
office and a declaration of candidacy. [2004 c 271 § 191.]
29A.28.011
(2008 Ed.)
Vacancies
29A.28.021 Death or disqualification—Correcting
ballots—Counting votes already cast. A vacancy caused
by the death or disqualification of any candidate or nominee
of a major or minor political party may be filled at any time
up to and including the day prior to the election for that position. For state partisan offices in any political subdivision
voted on solely by electors of a single county, an individual
shall be appointed to fill such vacancy by the county central
committee in the case of a major political party or by the state
central committee or comparable governing body in the case
of a minor political party. For other partisan offices, including federal or statewide offices, an individual shall be
appointed to fill such vacancy by the state central committee
or comparable governing body of the appropriate political
party.
If the vacancy occurs no later than the eleventh Tuesday
prior to the state primary or general election concerned and
the ballots have been printed, it shall be mandatory that they
be corrected by the appropriate election officers. In making
such correction, it shall not be necessary to reprint complete
ballots if any other less expensive technique can be used and
the resulting correction is reasonably clear.
If the vacancy occurs after the eleventh Tuesday prior to
the state primary or general election and time does not exist
in which to correct ballots (including absentee ballots), either
in total or in part, then the votes cast or recorded for the person who has died or become disqualified shall be counted for
the person who has been named to fill such vacancy.
When the secretary of state is the person with whom the
appointment by the major or minor political party is filed, the
secretary shall, in certifying candidates or nominations to the
various county officers insert the name of the person
appointed to fill a vacancy.
If the secretary of state has already sent forth the certificate when the appointment to fill a vacancy is filed, the secretary shall forthwith certify to the county auditors of the
proper counties the name and place of residence of the person
appointed to fill a vacancy, the office for which the person is
a candidate or nominee, the party the person represents, and
all other pertinent facts pertaining to the vacancy. [2006 c
344 § 11; 2004 c 271 § 192.]
29A.28.021
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
29A.28.030 United States senate. When a vacancy
occurs in the representation of this state in the senate of the
United States, the governor shall make a temporary appointment to that office until the people fill the vacancy by election as provided in this chapter. [2003 c 111 § 703. Prior:
1985 c 45 § 3; 1965 c 9 § 29.68.070; prior: 1921 c 33 § 1;
RRS § 3798. Formerly RCW 29.68.070.]
29A.28.030
Legislative intent—1985 c 45: See note following RCW 29A.04.420.
Special procedures for primary for United States senate vacancy in 1983:
Chapter 1, Laws of 1983 3rd ex. sess. (uncodified).
Vacancies in public office, how caused: RCW 42.12.010.
29A.28.041 Congress—Special election. (1) Whenever a vacancy occurs in the United States house of representatives or the United States senate from this state, the governor shall order a special election to fill the vacancy. Minor
political party candidates and independent candidates may be
29A.28.041
(2008 Ed.)
29A.28.050
nominated through the convention procedures provided in
chapter 29A.20 RCW.
(2) Within ten days of such vacancy occurring, he or she
shall issue a writ of election fixing a date for the special
vacancy election not less than ninety days after the issuance
of the writ, fixing a date for the primary for nominating major
political party candidates for the special vacancy election not
less than thirty days before the day fixed for holding the special vacancy election, fixing the dates for the special filing
period, and designating the term or part of the term for which
the vacancy exists. If the vacancy is in the office of United
States representative, the writ of election shall specify the
congressional district that is vacant.
(3) If the vacancy occurs less than six months before a
state general election and before the second Friday following
the close of the filing period for that general election, the special primary, special vacancy election, and minor party and
independent candidate nominating conventions must be held
in concert with the state primary and state general election in
that year.
(4) If the vacancy occurs on or after the first day for filing under RCW 29A.24.050 and on or before the second Friday following the close of the filing period, a special filing
period of three normal business days shall be fixed by the
governor and notice thereof given to all media, including
press, radio, and television within the area in which the
vacancy election is to be held, to the end that, insofar as possible, all interested persons will be aware of such filing
period. The last day of the filing period shall not be later than
the sixth Tuesday before the primary at which major political
party candidates are to be nominated. The names of major
political party candidates who have filed valid declarations of
candidacy during this three-day period shall appear on the
approaching primary ballot. The requirements of RCW
29A.20.131 do not apply to a minor political party or independent candidate convention held under this subsection.
(5) If the vacancy occurs later than the second Friday following the close of the filing period, a special primary, special vacancy election, and the minor party and independent
candidate conventions to fill the position shall be held after
the next state general election but, in any event, no later than
the ninetieth day following the November election. [2006 c
344 § 12; 2004 c 271 § 118.]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
29A.28.050 Congress—Notices of special primary
and election. After calling a special primary and special
vacancy election to fill a vacancy in the United States house
of representatives or the United States senate from this state,
the governor shall immediately notify the secretary of state
who shall, in turn, immediately notify the county auditor of
each county wholly or partly within which the vacancy exists.
Each county auditor shall publish notices of the special
primary and the special vacancy election at least once in any
legal newspaper published in the county, as provided by
*RCW 29A.52.310 and 29A.52.350 respectively. [2003 c
111 § 705; 1985 c 45 § 5; 1973 2nd ex.s. c 36 § 5; 1965 c 9 §
29.68.100. Prior: 1909 ex.s. c 25 § 2, part; RRS § 3800, part.
Formerly RCW 29.68.100.]
29A.28.050
[Title 29A RCW—page 43]
29A.28.061
Title 29A RCW: Elections
*Reviser’s note: RCW 29A.52.310 and 29A.52.350 were repealed by
2004 c 271 § 193. Later enactment, see RCW 29A.52.311 and 29A.52.351.
29A.32.270
29A.32.280
Legislative intent—1985 c 45: See note following RCW 29A.04.420.
29A.28.061 Congress—General, primary election
laws to apply—Time deadlines, modifications. The general election laws and laws relating to partisan primaries shall
apply to the special primaries and vacancy elections provided
for in chapter 29A.28 RCW to the extent that they are not
inconsistent with the provisions of these sections. Minor
political party and independent candidates may appear only
on the general election ballot. Statutory time deadlines relating to availability of absentee ballots, certification, canvassing, and related procedures that cannot be met in a timely
fashion may be modified for the purposes of a specific primary or vacancy election under this chapter by the secretary
of state through emergency rules adopted under RCW
29A.04.611. [2004 c 271 § 119.]
STATE VOTERS’ PAMPHLET
29A.28.061
29A.28.071 Precinct committee officer. If a vacancy
occurs in the office of precinct committee officer by reason of
death, resignation, or disqualification of the incumbent, or
because of failure to elect, the respective county chair of the
county central committee shall fill the vacancy by appointment. However, in a legislative district having a majority of
its precincts in a county with a population of one million or
more, the appointment may be made only upon the recommendation of the legislative district chair. The person so
appointed must have the same qualifications as candidates
when filing for election to the office for that precinct. When
a vacancy in the office of precinct committee officer exists
because of failure to elect at a state primary, the vacancy may
not be filled until after the organization meeting of the county
central committee and the new county chair has been selected
as provided by RCW 29A.80.030. [2004 c 271 § 120.]
29A.28.071
Chapter 29A.32
Chapter 29A.32 RCW
VOTERS’ PAMPHLETS
Sections
STATE VOTERS’ PAMPHLET
29A.32.010
29A.32.020
29A.32.031
29A.32.032
29A.32.036
29A.32.040
29A.32.050
29A.32.060
29A.32.070
29A.32.080
29A.32.090
29A.32.100
29A.32.110
29A.32.121
Printing and distribution.
Prohibition against deceptively similar campaign materials.
Contents.
Party preference.
Even year primary contents.
Explanatory statements.
Notice of constitutional amendments and state measures—
Explanatory statement.
Arguments.
Format, layout, contents.
Amendatory style.
Arguments—Rejection, dispute.
Arguments—Public inspection.
Photographs.
Candidates’ statements—Length.
LOCAL VOTERS’ PAMPHLET
29A.32.210
29A.32.220
29A.32.230
29A.32.241
29A.32.250
29A.32.260
Authorization—Contents—Format.
Notice of production—Local governments’ decision to participate.
Administrative rules.
Contents.
Candidates, when included.
Mailing.
[Title 29A RCW—page 44]
Cost.
Arguments advocating approval or disapproval—Preparation by committees.
29A.32.010 Printing and distribution. The secretary
of state shall, whenever at least one statewide measure or
office is scheduled to appear on the general election ballot,
print and distribute a voters’ pamphlet.
The secretary of state shall distribute the voters’ pamphlet to each household in the state, to public libraries, and to
any other locations he or she deems appropriate. The secretary of state shall also produce taped or Braille transcripts of
the voters’ pamphlet, publicize their availability, and mail
without charge a copy to any person who requests one.
The secretary of state may make the material required to
be distributed by this chapter available to the public in electronic form. The secretary of state may provide the material
in electronic form to computer bulletin boards, print and
broadcast news media, community computer networks, and
similar services at the cost of reproduction or transmission of
the data. [2003 c 111 § 801. Prior: 1999 c 260 § 1. Formerly
RCW 29.81.210.]
29A.32.010
29A.32.020 Prohibition against deceptively similar
campaign materials. No person or entity may publish or
distribute any campaign material that is deceptively similar in
design or appearance to a voters’ pamphlet that was published by the secretary of state during the ten-year period
before the publication or distribution of the campaign material by the person or entity. The secretary of state shall take
reasonable measures to prevent or to stop violations of this
section. Such measures may include, among others, petitioning the superior court for a temporary restraining order or
other appropriate injunctive relief. In addition, the secretary
may request the superior court to impose a civil fine on a violator of this section. The court is authorized to levy on and
recover from each violator a civil fine not to exceed the
greater of: (1) Two dollars for each copy of the deceptive
material distributed, or (2) one thousand dollars. In addition,
the violator is liable for the state’s legal expenses and other
costs resulting from the violation. Any funds recovered
under this section must be transmitted to the state treasurer
for deposit in the general fund. [2003 c 111 § 802; 1984 c 41
§ 1. Formerly RCW 29.04.035.]
29A.32.020
29A.32.031 Contents. The voters’ pamphlet must con29A.32.031
tain:
(1) Information about each measure for an advisory vote
of the people and each ballot measure initiated by or referred
to the voters for their approval or rejection as required by
RCW 29A.32.070;
(2) In even-numbered years, statements, if submitted,
advocating the candidacies of nominees for the office of president and vice president of the United States, United States
senator, United States representative, governor, lieutenant
governor, secretary of state, state treasurer, state auditor,
attorney general, commissioner of public lands, superintendent of public instruction, insurance commissioner, state senator, state representative, justice of the supreme court, judge
(2008 Ed.)
Voters’ Pamphlets
of the court of appeals, or judge of the superior court. Candidates may also submit a campaign mailing address and telephone number and a photograph not more than five years old
and of a size and quality that the secretary of state determines
to be suitable for reproduction in the voters’ pamphlet;
(3) In odd-numbered years, if any office voted upon
statewide appears on the ballot due to a vacancy, then statements and photographs for candidates for any vacant office
listed in subsection (2) of this section must appear;
(4) In even-numbered years, a section explaining how
voters may participate in the election campaign process; the
address and telephone number of the public disclosure commission established under RCW 42.17.350; and a summary
of the disclosure requirements that apply when contributions
are made to candidates and political committees;
(5) In even-numbered years the name, address, and telephone number of each political party with nominees listed in
the pamphlet, if filed with the secretary of state by the state
committee of a major political party or the presiding officer
of the convention of a minor political party;
(6) In each odd-numbered year immediately before a
year in which a president of the United States is to be nominated and elected, information explaining the precinct caucus
and convention process used by each major political party to
elect delegates to its national presidential candidate nominating convention. The pamphlet must also provide a description of the statutory procedures by which minor political parties are formed and the statutory methods used by the parties
to nominate candidates for president;
(7) An application form for an absentee ballot;
(8) A brief statement explaining the deletion and addition of language for proposed measures under RCW
29A.32.080;
(9) Any additional information pertaining to elections as
may be required by law or in the judgment of the secretary of
state is deemed informative to the voters. [2008 c 1 § 12 (Initiative Measure No. 960, approved November 6, 2007); 2004
c 271 § 121.]
Findings—Intent—Construction—Severability—Subheadings and
part headings not law—Short title—Effective date—2008 c 1 (Initiative
Measure No. 960): See notes following RCW 43.135.031.
29A.32.050
in that party’s primary election, and that voters must limit
their participation in a partisan primary to one political party;
and
(3) An explanation that minor political party candidates
and independent candidates will appear only on the general
election ballot. [2004 c 271 § 122.]
29A.32.040 Explanatory statements. (1) Explanatory
statements prepared by the attorney general under RCW
29A.32.070 (3) and (4) must be written in clear and concise
language, avoiding legal and technical terms when possible,
and filed with the secretary of state.
(2) When the explanatory statement for a measure initiated by petition is filed with the secretary of state, the secretary of state shall immediately provide the text of the explanatory statement to the person proposing the measure and any
others who have made written request for notification of the
exact language of the explanatory statement. When the
explanatory statement for a measure referred to the ballot by
the legislature is filed with the secretary of state, the secretary
of state shall immediately provide the text of the explanatory
statement to the presiding officer of the senate and the presiding officer of the house of representatives and any others who
have made written request for notification of the exact language of the explanatory statement.
(3) A person dissatisfied with the explanatory statement
may appeal to the superior court of Thurston County within
five days of the filing date. A copy of the petition and a
notice of the appeal must be served on the secretary of state
and the attorney general. The court shall examine the measure, the explanatory statement, and objections, and may hear
arguments. The court shall render its decision and certify to
and file with the secretary of state an explanatory statement it
determines will meet the requirements of this chapter.
The decision of the superior court is final, and its explanatory statement is the established explanatory statement. The
appeal must be heard without costs to either party. [2003 c
111 § 804. Prior: 1999 c 260 § 3. Formerly RCW
29.81.230.]
29A.32.040
29A.32.050 Notice of constitutional amendments and
state measures—Explanatory statement. The attorney
general shall, by the first day of July preceding each general
election, prepare the explanatory statements required in
RCW 29A.52.340. Such statements shall be prepared in clear
and concise language and shall avoid the use of legal and
other technical terms insofar as possible. Any person dissatisfied with the explanatory statement so prepared may at any
time within ten days from the filing thereof in the office of the
secretary of state appeal to the superior court of Thurston
county by petition setting forth the proposed state measure,
the explanatory statement prepared by the attorney general,
and his or her objection thereto and praying for the amendment thereof. A copy of the petition and a notice of such
appeal shall be served on the secretary of state and the attorney general. The court shall, upon filing of the petition,
examine the proposed state measure, the explanatory statement, and the objections thereto and may hear argument
thereon and shall, as soon as possible, render its decision and
certify to and file with the secretary of state such explanatory
29A.32.050
29A.32.032 Party preference. The voters’ pamphlet
must also contain the political party preference or independent status where a candidate appearing on the ballot has
expressed such a preference on his or her declaration of candidacy. [2005 c 2 § 11 (Initiative Measure No. 872, approved
November 2, 2004).]
29A.32.032
Reviser’s note: The constitutionality of Initiative Measure No. 872 was
upheld in Washington State Grange v. Washington State Republican Party,
et al., 552 U.S. . . . (2008).
Short title—Intent—Contingent effective date—2005 c 2 (Initiative
Measure No. 872): See notes following RCW 29A.52.112.
29A.32.036 Even year primary contents. If the secretary of state prints and distributes a voters’ pamphlet for a primary in an even-numbered year, it must contain:
(1) A description of the office of precinct committee
officer and its duties;
(2) An explanation that, for partisan offices, only voters
who choose to affiliate with a major political party may vote
29A.32.036
(2008 Ed.)
[Title 29A RCW—page 45]
29A.32.060
Title 29A RCW: Elections
statement as it determines will meet the requirement of RCW
29A.52.330, 29A.52.340, and this section. The decision of
the superior court shall be final and its explanatory statement
shall be the established explanatory statement. Such appeal
shall be heard without costs to either party. [2003 c 111 §
805; 1967 c 96 § 3; 1965 c 9 § 29.27.076. Prior: 1961 c 176
§ 3. Formerly RCW 29.27.076.]
29A.32.060 Arguments. Committees shall write and
submit arguments advocating the approval or rejection of
each statewide ballot issue and rebuttals of those arguments.
The secretary of state, the presiding officer of the senate, and
the presiding officer of the house of representatives shall
appoint the initial two members of each committee. In making these committee appointments the secretary of state and
presiding officers of the senate and house of representatives
shall consider legislators, sponsors of initiatives and referendums, and other interested groups known to advocate or
oppose the ballot measure.
The initial two members may select up to four additional
members, and the committee shall elect a chairperson. The
remaining committee member or members may fill vacancies
through appointment.
After the committee submits its initial argument statements to the secretary of state, the secretary of state shall
transmit the statements to the opposite committee. The opposite committee may then prepare rebuttal arguments. Rebuttals may not interject new points.
The voters’ pamphlet may contain only argument statements prepared according to this section. Arguments may
contain graphs and charts supported by factual statistical data
and pictures or other illustrations. Cartoons or caricatures are
not permitted. [2003 c 111 § 806. Prior: 1999 c 260 § 4.
Formerly RCW 29.81.240.]
29A.32.060
29A.32.070
29A.32.070 Format, layout, contents. The secretary of state shall
determine the format and layout of the voters’ pamphlet. The secretary of
state shall print the pamphlet in clear, readable type on a size, quality, and
weight of paper that in the judgment of the secretary of state best serves the
voters. The pamphlet must contain a table of contents. Federal and state
offices must appear in the pamphlet in the same sequence as they appear on
the ballot. Measures and arguments must be printed in the order specified by
RCW 29A.72.290.
The voters’ pamphlet must provide the following information for each
statewide issue on the ballot:
(1) The legal identification of the measure by serial designation or
number;
(2) The official ballot title of the measure;
(3) A statement prepared by the attorney general explaining the law as
it presently exists;
(4) A statement prepared by the attorney general explaining the effect
of the proposed measure if it becomes law;
(5) The fiscal impact statement prepared under *RCW 29.79.075;
(6) The total number of votes cast for and against the measure in the
senate and house of representatives, if the measure has been passed by the
legislature;
(7) An argument advocating the voters’ approval of the measure
together with any statement in rebuttal of the opposing argument;
(8) An argument advocating the voters’ rejection of the measure
together with any statement in rebuttal of the opposing argument;
(9) Each argument or rebuttal statement must be followed by the names
of the committee members who submitted them, and may be followed by a
telephone number that citizens may call to obtain information on the ballot
measure;
(10) The full text of each measure. [2003 c 111 § 807. Prior: 2002 c
139 § 2; 1999 c 260 § 5. Formerly RCW 29.81.250.]
[Title 29A RCW—page 46]
*Reviser’s note: RCW 29.79.075 was recodified as RCW 29A.72.025
pursuant to 2004 c 266 § 24, effective July 1, 2004.
29A.32.070
29A.32.070 Format, layout, contents. The secretary of state shall
determine the format and layout of the voters’ pamphlet. The secretary of
state shall print the pamphlet in clear, readable type on a size, quality, and
weight of paper that in the judgment of the secretary of state best serves the
voters. The pamphlet must contain a table of contents. Federal and state
offices must appear in the pamphlet in the same sequence as they appear on
the ballot. Measures and arguments must be printed in the order specified by
RCW 29A.72.290.
The voters’ pamphlet must provide the following information for each
statewide issue on the ballot except measures for an advisory vote of the people whose requirements are provided in subsection (11) of this section:
(1) The legal identification of the measure by serial designation or
number;
(2) The official ballot title of the measure;
(3) A statement prepared by the attorney general explaining the law as
it presently exists;
(4) A statement prepared by the attorney general explaining the effect
of the proposed measure if it becomes law;
(5) The fiscal impact statement prepared under *RCW 29.79.075;
(6) The total number of votes cast for and against the measure in the
senate and house of representatives, if the measure has been passed by the
legislature;
(7) An argument advocating the voters’ approval of the measure
together with any statement in rebuttal of the opposing argument;
(8) An argument advocating the voters’ rejection of the measure
together with any statement in rebuttal of the opposing argument;
(9) Each argument or rebuttal statement must be followed by the names
of the committee members who submitted them, and may be followed by a
telephone number that citizens may call to obtain information on the ballot
measure;
(10) The full text of **the measure;
(11) Two pages shall be provided in the general election voters’ pamphlet for each measure for an advisory vote of the people under RCW
43.135.041 and shall consist of the serial number assigned by the secretary
of state under RCW 29A.72.040, the short description formulated by the
attorney general under RCW 29A.72.283, the tax increase’s most up-to-date
ten-year cost projection, including a year-by-year breakdown, by the office
of financial management under RCW 43.135.031, and the names of the legislators, and their contact information, and how they voted on the increase
upon final passage so they can provide information to, and answer questions
from, the public. For the purposes of this subsection, "names of legislators,
and their contact information" includes each legislator’s position (senator or
representative), first name, last name, party affiliation (for example, Democrat or Republican), city or town they live in, office phone number, and
office e-mail address. [2008 c 1 § 13 (Initiative Measure No. 960, approved
November 6, 2007); 2003 c 111 § 807. Prior: 2002 c 139 § 2; 1999 c 260 §
5. Formerly RCW 29.81.250.]
Reviser’s note: *(1) RCW 29.79.075 was recodified as RCW
29A.72.025 pursuant to 2004 c 266 § 24, effective July 1, 2004.
**(2) The word "each" was changed to "the" in 2008 c 1 § 13 (Initiative
Measure No. 960) without enclosing "each" in double parentheses and
underlining "the."
(3) RCW 29A.32.070 was amended by 2008 c 1 § 13 (Initiative Measure No. 960) without enclosing by double parentheses all material proposed
for deletion and underlining all proposed new material, in amendatory sections. See RCW 29A.32.080.
Findings—Intent—Construction—Severability—Subheadings and
part headings not law—Short title—Effective date—2008 c 1 (Initiative
Measure No. 960): See notes following RCW 43.135.031.
29A.32.080 Amendatory style. Statewide ballot measures that amend existing law must be printed in the voters’
pamphlet so that language proposed for deletion is enclosed
by double parentheses and has a line through it. Proposed
new language must be underlined. A statement explaining
the deletion and addition of language must appear as follows:
"Any language in double parentheses with a line through it is
existing state law and will be taken out of the law if this measure is approved by voters. Any underlined language does
29A.32.080
(2008 Ed.)
Voters’ Pamphlets
not appear in current state law but will be added to the law if
this measure is approved by voters." [2003 c 111 § 808.
Prior: 1999 c 260 § 6. Formerly RCW 29.81.260.]
29A.32.090 Arguments—Rejection, dispute. (1) If in
the opinion of the secretary of state any argument or statement offered for inclusion in the voters’ pamphlet in support
of or opposition to a measure or candidate contains obscene
matter or matter that is otherwise prohibited by law from distribution through the mail, the secretary may petition the
superior court of Thurston County for a judicial determination that the argument or statement may be rejected for publication or edited to delete the matter. The court shall not enter
such an order unless it concludes that the matter is obscene or
otherwise prohibited for distribution through the mail.
(2)(a) A person who believes that he or she may be
defamed by an argument or statement offered for inclusion in
the voters’ pamphlet in support of or opposition to a measure
or candidate may petition the superior court of Thurston
County for a judicial determination that the argument or
statement may be rejected for publication or edited to delete
the defamatory statement.
(b) The court shall not enter such an order unless it concludes that the statement is untrue and that the petitioner has
a very substantial likelihood of prevailing in a defamation
action.
(c) An action under this subsection (2) must be filed and
served no later than the tenth day after the deadline for the
submission of the argument or statement to the secretary of
state.
(d) If the secretary of state notifies a person named or
identified in an argument or statement of the contents of the
argument or statement within three days after the deadline for
submission to the secretary, then neither the state nor the secretary is liable for damages resulting from publication of the
argument or statement unless the secretary publishes the
argument or statement in violation of an order entered under
this section. Nothing in this section creates a duty on the part
of the secretary of state to identify, locate, or notify the person.
(3) Parties to a dispute under this section may agree to
resolve the dispute by rephrasing the argument or statement,
even if the deadline for submission to the secretary has
elapsed, unless the secretary determines that the process of
publication is too far advanced to permit the change. The
secretary shall promptly provide any such revision to any
committee entitled to submit a rebuttal argument. If that
committee has not yet submitted its rebuttal, its deadline to
submit a rebuttal is extended by five days. If it has submitted
a rebuttal, it may revise it to address the change within five
days of the filing of the revised argument with the secretary.
(4) In an action under this section the committee or candidate must be named as a defendant, and may be served with
process by certified mail directed to the address contained in
the secretary’s records for that party. The secretary of state
shall be a nominal party to an action brought under subsection (2) of this section, solely for the purpose of determining
the content of the voters’ pamphlet. The superior court shall
give such an action priority on its calendar. [2003 c 111 §
809. Prior: 1999 c 260 § 8. Formerly RCW 29.81.280.]
29A.32.090
(2008 Ed.)
29A.32.210
29A.32.100 Arguments—Public inspection. (1) An
argument or statement submitted to the secretary of state for
publication in the voters’ pamphlet is not available for public
inspection or copying until:
(a) In the case of candidate statements, (i) all statements
by all candidates who have filed for a particular office have
been received, except those who informed the secretary that
they will not submit statements, or (ii) the deadline for submission of statements has elapsed;
(b) In the case of arguments supporting or opposing a
measure, (i) the arguments on both sides have been received,
unless a committee was not appointed for one side, or (ii) the
deadline for submission of arguments has elapsed; and
(c) In the case of rebuttal arguments, (i) the rebuttals on
both sides have been received, unless a committee was not
appointed for one side, or (ii) the deadline for submission of
arguments has elapsed.
(2) Nothing in this section prohibits the secretary from
releasing information under RCW 29A.32.090(2)(d). [2003
c 111 § 810. Prior: 1999 c 260 § 9. Formerly RCW
29.81.290.]
29A.32.100
29A.32.110 Photographs. All photographs of candidates submitted for publication must conform to standards
established by the secretary of state by rule. No photograph
may reveal clothing or insignia suggesting the holding of a
public office. [2003 c 111 § 811. Prior: 1999 c 260 § 10.
Formerly RCW 29.81.300.]
29A.32.110
29A.32.121 Candidates’ statements—Length. (1)
The maximum number of words for statements submitted by
candidates is as follows: State representative, one hundred
words; state senator, judge of the superior court, judge of the
court of appeals, justice of the supreme court, and all state
offices voted upon throughout the state, except that of governor, two hundred words; president and vice president, United
States senator, United States representative, and governor,
three hundred words.
(2) Arguments written by committees under RCW
29A.32.060 may not exceed two hundred fifty words in
length.
(3) Rebuttal arguments written by committees may not
exceed seventy-five words in length.
(4) The secretary of state shall allocate space in the pamphlet based on the number of candidates or nominees for each
office. [2004 c 271 § 168.]
29A.32.121
LOCAL VOTERS’ PAMPHLET
29A.32.210 Authorization—Contents—Format. At
least ninety days before any primary or general election, or at
least forty days before any special election held under RCW
*29A.04.320 or 29A.04.330, the legislative authority of any
county or first-class or code city may adopt an ordinance
authorizing the publication and distribution of a local voters’
pamphlet. The pamphlet shall provide information on all
measures within that jurisdiction and may, if specified in the
ordinance, include information on candidates within that
jurisdiction. If both a county and a first-class or code city
within that county authorize a local voters’ pamphlet for the
same election, the pamphlet shall be produced jointly by the
29A.32.210
[Title 29A RCW—page 47]
29A.32.220
Title 29A RCW: Elections
county and the first-class or code city. If no agreement can be
reached between the county and first-class or code city, the
county and first-class or code city may each produce a pamphlet. Any ordinance adopted authorizing a local voters’
pamphlet may be for a specific primary, special election, or
general election or for any future primaries or elections. The
format of any local voters’ pamphlet shall, whenever applicable, comply with the provisions of this chapter regarding the
publication of the state candidates’ and voters’ pamphlets.
[2003 c 111 § 813; 1984 c 106 § 3. Formerly RCW
29.81A.010.]
*Reviser’s note: RCW 29A.04.320 was repealed by 2004 c 271 § 193.
Later enactment, see RCW 29A.04.321.
29A.32.220 Notice of production—Local governments’ decision to participate. (1) Not later than ninety
days before the publication and distribution of a local voters’
pamphlet by a county, the county auditor shall notify each
city, town, or special taxing district located wholly within
that county that a pamphlet will be produced.
(2) If a voters’ pamphlet is published by the county for a
primary or general election, the pamphlet shall be published
for the elective offices and ballot measures of the county and
for the elective offices and ballot measures of each unit of
local government located entirely within the county which
will appear on the ballot at that primary or election. However, the offices and measures of a first-class or code city
shall not be included in the pamphlet if the city publishes and
distributes its own voters’ pamphlet for the primary or election for its offices and measures. The offices and measures of
any other town or city are not required to appear in the
county’s pamphlet if the town or city is obligated by ordinance or charter to publish and distribute a voters’ pamphlet
for the primary or election for its offices and measures and it
does so.
If the required appearance in a county’s voters’ pamphlet
of the offices or measures of a unit of local government
would create undue financial hardship for the unit of government, the legislative authority of the unit may petition the
legislative authority of the county to waive this requirement.
The legislative authority of the county may provide such a
waiver if it does so not later than sixty days before the publication of the pamphlet and it finds that the requirement would
create such hardship.
(3) If a city, town, or district is located within more than
one county, the respective county auditors may enter into an
interlocal agreement to permit the distribution of each
county’s local voters’ pamphlet into those parts of the city,
town, or district located outside of that county.
(4) If a first-class or code city authorizes the production
and distribution of a local voters’ pamphlet, the city clerk of
that city shall notify any special taxing district located wholly
within that city that a pamphlet will be produced. Notification shall be provided in the manner required or provided for
in subsection (1) of this section.
(5) A unit of local government located within a county
and the county may enter into an interlocal agreement for the
publication of a voters’ pamphlet for offices or measures not
required by subsection (2) of this section to appear in a
county’s pamphlet. [2003 c 111 § 814; 1994 c 191 § 1; 1984
c 106 § 4. Formerly RCW 29.81A.020.]
29A.32.220
[Title 29A RCW—page 48]
29A.32.230 Administrative rules. The county auditor
or, if applicable, the city clerk of a first-class or code city
shall, in consultation with the participating jurisdictions,
adopt and publish administrative rules necessary to facilitate
the provisions of any ordinance authorizing production of a
local voters’ pamphlet. Any amendment to such a rule shall
also be adopted and published. Copies of the rules shall identify the date they were adopted or last amended and shall be
made available to any person upon request. One copy of the
rules adopted by a county auditor and one copy of any
amended rules shall be submitted to the county legislative
authority. One copy of the rules adopted by a city clerk and
one copy of any amended rules shall be submitted to the city
legislative authority. These rules shall include but not be limited to the following:
(1) Deadlines for decisions by cities, towns, or special
taxing districts on being included in the pamphlet;
(2) Limits on the length and deadlines for submission of
arguments for and against each measure;
(3) The basis for rejection of any explanatory or candidates’ statement or argument deemed to be libelous or otherwise inappropriate. Any statements by a candidate shall be
limited to those about the candidate himself or herself;
(4) Limits on the length and deadlines for submission of
candidates’ statements;
(5) An appeal process in the case of the rejection of any
statement or argument. [2003 c 111 § 815. Prior: 1984 c 106
§ 5. Formerly RCW 29.81A.030.]
29A.32.230
29A.32.241 Contents. The local voters’ pamphlet shall
include but not be limited to the following:
(1) Appearing on the cover, the words "official local voters’ pamphlet," the name of the jurisdiction producing the
pamphlet, and the date of the election or primary;
(2) A list of jurisdictions that have measures or candidates in the pamphlet;
(3) Information on how a person may register to vote and
obtain an absentee ballot;
(4) The text of each measure accompanied by an explanatory statement prepared by the prosecuting attorney for any
county measure or by the attorney for the jurisdiction submitting the measure if other than a county measure. All explanatory statements for city, town, or district measures not
approved by the attorney for the jurisdiction submitting the
measure shall be reviewed and approved by the county prosecuting attorney or city attorney, when applicable, before
inclusion in the pamphlet;
(5) The arguments for and against each measure submitted by committees selected pursuant to RCW 29A.32.280;
and
(6) For partisan primary elections, information on how to
vote the applicable ballot format and an explanation that
minor political party candidates and independent candidates
will appear only on the general election ballot. [2004 c 271 §
123.]
29A.32.241
29A.32.250 Candidates, when included. If the legislative authority of a county or first-class or code city provides
for the inclusion of candidates in the local voters’ pamphlet,
the pamphlet shall include the statements from candidates
and may also include those candidates’ photographs. [2003 c
29A.32.250
(2008 Ed.)
Ballots and Other Voting Forms
111 § 817. Prior: 1984 c 106 § 7. Formerly RCW
29.81A.050.]
29A.32.260 Mailing. As soon as practicable before the
primary, special election, or general election, the county
auditor, or if applicable, the city clerk of a first-class or code
city, as appropriate, shall mail the local voters’ pamphlet to
every residence in each jurisdiction that has included information in the pamphlet. The county auditor or city clerk, as
appropriate, may choose to mail the pamphlet to each registered voter in each jurisdiction that has included information
in the pamphlet, if in his or her judgment, a more economical
and effective distribution of the pamphlet would result. If the
county or city chooses to mail the pamphlet to each residence, no notice of election otherwise required by *RCW
29A.52.350 need be published. [2003 c 111 § 818. Prior:
1984 c 106 § 8. Formerly RCW 29.81A.060.]
29A.32.260
*Reviser’s note: RCW 29A.52.350 was repealed by 2004 c 271 § 193.
Later enactment, see RCW 29A.52.351.
29A.32.270 Cost. The cost of a local voters’ pamphlet
shall be considered an election cost to those local jurisdictions included in the pamphlet and shall be prorated in the
manner provided in RCW 29A.04.410. [2003 c 111 § 819.
Prior: 1984 c 106 § 9. Formerly RCW 29.81A.070.]
29A.32.270
29A.32.280 Arguments advocating approval or disapproval—Preparation by committees. For each measure
from a unit of local government that is included in a local voters’ pamphlet, the legislative authority of that jurisdiction
shall, not later than forty-five days before the publication of
the pamphlet, formally appoint a committee to prepare arguments advocating voters’ approval of the measure and shall
formally appoint a committee to prepare arguments advocating voters’ rejection of the measure. The authority shall
appoint persons known to favor the measure to serve on the
committee advocating approval and shall, whenever possible,
appoint persons known to oppose the measure to serve on the
committee advocating rejection. Each committee shall have
not more than three members, however, a committee may
seek the advice of any person or persons. If the legislative
authority of a unit of local government fails to make such
appointments by the prescribed deadline, the county auditor
shall whenever possible make the appointments. [2003 c 111
§ 820. Prior: 1994 c 191 § 2; 1984 c 106 § 10. Formerly
RCW 29.81A.080.]
29A.32.280
Chapter 29A.36 RCW
BALLOTS AND OTHER VOTING FORMS
Chapter 29A.36
29A.36.090
29A.36.101
29A.36.104
29A.36.106
29A.36.111
29A.36.115
29A.36.121
29A.36.131
29A.36.151
29A.36.161
29A.36.170
29A.36.171
29A.36.180
29A.36.191
29A.36.201
29A.36.210
29A.36.220
29A.36.230
29A.36.011
Local measures—Ballot title—Appeal.
Names on primary ballot.
Partisan primary ballots—Formats.
Partisan primary ballots—Required statements.
Uniformity, arrangement, contents required.
Provisional and absentee ballots.
Order of offices and issues—Party indication.
Order of candidates on ballots.
Sample ballots.
Arrangement of instructions, measures, offices—Order of
candidates—Numbering of ballots.
Top two candidates qualified for general election—Exception.
Nonpartisan candidates qualified for general election.
Disqualified candidates in nonpartisan elections—Special
procedures for conduct of election.
Partisan candidates qualified for general election.
Names qualified to appear on election ballot.
Property tax levies—Ballot form.
Expense of printing and distributing ballot materials.
Regional transportation investment district and regional
transit authority single ballot.
No link between voter and ballot choice: RCW 29A.08.161.
29A.36.010
29A.36.010 Certifying primary candidates. On or before the day
following the last day allowed for candidates to withdraw under *RCW
29A.24.130, the secretary of state shall certify to each county auditor a list of
the candidates who have filed declarations of candidacy in his or her office
for the primary. For each office, the certificate shall include the name of
each candidate, his or her address, and his or her party preference or independent designation as shown on filed declarations. [2005 c 2 § 12 (Initiative
Measure No. 872, approved November 2, 2004); 2003 c 111 § 901. Prior:
1990 c 59 § 8; 1965 ex.s. c 103 § 4; 1965 c 9 § 29.27.020; prior: 1949 c 161
§ 10, part; 1947 c 234 § 2, part; 1935 c 26 § 1, part; 1921 c 178 § 4, part; 1907
c 209 § 8, part; Rem. Supp. 1949 § 5185, part. Formerly RCW 29.27.020.]
Reviser’s note: *(1) RCW 29A.24.130 was repealed by 2004 c 271 §
193. Later enactment, see RCW 29A.24.131.
(2) RCW 29A.36.010 was amended by 2005 c 2 § 12 (Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271 § 193. For rule
of construction, see RCW 1.12.025.
(3) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
Short title—Intent—Contingent effective date—2005 c 2 (Initiative
Measure No. 872): See notes following RCW 29A.52.112.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.36.010
29A.36.010 Certifying primary candidates. [2003 c 111 § 901.
Prior: 1990 c 59 § 8; 1965 ex.s. c 103 § 4; 1965 c 9 § 29.27.020; prior: 1949
c 161 § 10, part; 1947 c 234 § 2, part; 1935 c 26 § 1, part; 1921 c 178 § 4,
part; 1907 c 209 § 8, part; Rem. Supp. 1949 § 5185, part. Formerly RCW
29.27.020.] Repealed by 2004 c 271 § 193.
Reviser’s note: (1) RCW 29A.36.010 was amended by 2005 c 2 § 12
(Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271
§ 193. For rule of construction, see RCW 1.12.025.
(2) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
29A.36.011 Certifying primary candidates. On or
before the day following the last day for major political parties to fill vacancies in the ticket as provided by RCW
29A.28.011, the secretary of state shall certify to each county
auditor a list of the candidates who have filed declarations of
candidacy in his or her office for the primary. For each
office, the certificate shall include the name of each candidate, his or her address, and his or her party designation, if
any. Minor political party and independent candidates may
appear only on the general election ballot. [2004 c 271 §
124.]
29A.36.011
Sections
29A.36.010
29A.36.011
29A.36.020
29A.36.030
29A.36.040
29A.36.050
29A.36.060
29A.36.071
29A.36.080
(2008 Ed.)
Certifying primary candidates.
Certifying primary candidates.
Constitutional measures—Ballot title—Formulation, ballot
display, certification.
Constitutional measures—Ballot title—Filing.
Constitutional, statewide questions—Notice of ballot title
and summary.
Statewide question—Ballot title—Formulation, ballot display.
Constitutional, statewide questions—Ballot title—Appeal.
Local measures—Ballot title—Formulation—Advertising.
Local measures—Ballot title—Notice.
[Title 29A RCW—page 49]
29A.36.020
Title 29A RCW: Elections
29A.36.020 Constitutional measures—Ballot title—
Formulation, ballot display, certification. (1) When a proposed constitutional amendment is to be submitted to the
people of the state for statewide popular vote, the ballot title
consists of: (a) A statement of the subject of the amendment;
(b) a concise description of the amendment; and (c) a question in the form prescribed in this section. The statement of
the subject of a constitutional amendment must be sufficiently broad to reflect the nature of the amendment, sufficiently precise to give notice of the amendment’s subject
matter, and not exceed ten words. The concise description
must contain no more than thirty words, give a true and
impartial description of the amendment’s essential contents,
clearly identify the amendment to be voted on, and not, to the
extent reasonably possible, create prejudice either for or
against the amendment.
The ballot title for a proposed constitutional amendment
must be displayed on the ballot substantially as follows:
29A.36.020
"The legislature has proposed a constitutional
amendment on (statement of subject). This amendment would (concise description). Should this constitutional amendment be:
Approved
Rejected
............................ â
. . . . . . . . . . . . . . . . . . . . . . . . . . . . â"
(2) When a proposed new constitution is submitted to the
people of the state by a constitutional convention for statewide popular vote, the ballot title consists of: (a) A concise
description of the new constitution; and (b) a question in the
form prescribed in this section. The concise description must
contain no more than thirty words, give a true and impartial
description of the new constitution’s essential contents,
clearly identify the proposed constitution to be voted on, and
not, to the extent reasonably possible, create prejudice either
for or against the new constitution.
The ballot title for a proposed new constitution must be
displayed on the ballot substantially as follows:
"The constitutional convention approved a new proposed state constitution that (concise description).
Should this proposed constitution be:
Approved
Rejected
............................ â
. . . . . . . . . . . . . . . . . . . . . . . . . . . . â"
(3) The legislature may specify the statement of subject
or concise description, or both, in a constitutional amendment
that it submits to the people. If the legislature fails to specify
the statement of subject or concise description, or both, the
attorney general shall prepare the material that was not specified. The statement of subject and concise description as so
provided must be included as part of the ballot title unless
changed on appeal.
The attorney general shall specify the concise description for a proposed new constitution that is submitted to the
people by a constitutional convention, and the concise
description as so provided must be included as part of the ballot title unless changed on appeal.
(4) The secretary of state shall certify to the county auditors the ballot title for a proposed constitution, constitutional
amendment, or other statewide question at the same time and
in the same manner as the ballot titles to initiatives and refer[Title 29A RCW—page 50]
endums. [2003 c 111 § 902. Prior: 2000 c 197 § 7. Formerly
RCW 29.27.057.]
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
29A.36.030 Constitutional measures—Ballot title—
Filing. The ballot title for a constitutional amendment or
proposed constitution must be filed with the secretary of state
in the same manner as the ballot title and summary for a state
initiative or referendum are filed. [2003 c 111 § 903. Prior:
2000 c 197 § 8. Formerly RCW 29.27.061.]
29A.36.030
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
29A.36.040 Constitutional, statewide questions—
Notice of ballot title and summary. Upon the filing of a
ballot title under RCW 29A.36.020 or 29A.36.050, the secretary of state shall provide notice of the exact language of the
ballot title and summary to the chief clerk of the house of representatives, the secretary of the senate, and the prime sponsor of measure. [2003 c 111 § 904. Prior: 2000 c 197 § 9;
1993 c 256 § 11; 1965 c 9 § 29.27.065; prior: 1953 c 242 §
3. Formerly RCW 29.27.065.]
29A.36.040
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
Severability—Effective date—1993 c 256: See notes following RCW
29A.84.280.
29A.36.050 Statewide question—Ballot title—Formulation, ballot display. (1) If the legislature submits a
question to the people for a statewide popular vote that is not
governed by RCW 29A.72.050 or 29A.36.020, the ballot title
on the question consists of: (a) A description of the subject;
and (b) a question in the form prescribed in this section. The
statement of the subject of the question must be sufficiently
broad to reflect the subject of the question, sufficiently precise to give notice of the question’s subject matter, and not
exceed ten words. The question must contain no more than
thirty words.
The ballot title for such a question must be displayed on
the ballot substantially as follows:
29A.36.050
"The following question concerning (description of
subject) has been submitted to the voters: (Question
as submitted).
Yes
No
................................. â
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . â"
(2) The legislature may specify the statement of subject
for a question and shall specify the question that it submits to
the people. If the legislature fails to specify the statement of
subject, the attorney general shall prepare the statement of
subject. The statement of subject and question as so provided
must be included as part of the ballot title unless changed on
appeal. [2003 c 111 § 905. Prior: 2000 c 197 § 10. Formerly
RCW 29.27.0653.]
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
29A.36.060 Constitutional, statewide questions—
Ballot title—Appeal. If any persons are dissatisfied with the
29A.36.060
(2008 Ed.)
Ballots and Other Voting Forms
ballot title for a proposed constitution, constitutional amendment, or question submitted under RCW 29A.36.050, they
may at any time within ten days from the time of the filing of
the ballot title and summary, not including Saturdays, Sundays, or legal holidays, appeal to the superior court of Thurston county by petition setting forth the measure, the ballot
title objected to, their objections to it, and praying for amendment of the ballot title. The time of the filing of the ballot
title, as used in this section for establishing the time for
appeal, is the time the ballot title is first filed with the secretary of state.
A copy of the petition on appeal together with a notice
that an appeal has been taken must be served upon the secretary of state, the attorney general, the chief clerk of the house
of representatives, and the secretary of the senate. Upon the
filing of the petition on appeal, the court shall immediately,
or at the time to which a hearing may be adjourned by consent
of the appellants, examine the proposed measure, the ballot
title filed, and the objections to it and may hear arguments on
it, and shall as soon as possible render its decision and certify
to and file with the secretary of state a ballot title that it determines will meet the requirements of this chapter. The decision of the superior court is final, and the ballot title so certified will be the established ballot title. The appeal must be
heard without cost to either party. [2003 c 111 § 906. Prior:
2000 c 197 § 11. Formerly RCW 29.27.0655.]
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
29A.36.071
29A.36.071 Local measures—Ballot title—Formulation—Advertising. (1) Except as provided to the contrary in
RCW 82.14.036, 82.46.021, or 82.80.090, the ballot title of
any referendum filed on an enactment or portion of an enactment of a local government and any other question submitted
to the voters of a local government consists of three elements:
(a) An identification of the enacting legislative body and a
statement of the subject matter; (b) a concise description of
the measure; and (c) a question. The ballot title must conform with the requirements and be displayed substantially as
provided under RCW 29A.72.050, except that the concise
description must not exceed seventy-five words; however, a
concise description submitted on behalf of a proposed or
existing regional transportation investment district may
exceed seventy-five words. If the local governmental unit is
a city or a town, the concise statement shall be prepared by
the city or town attorney. If the local governmental unit is a
county, the concise statement shall be prepared by the prosecuting attorney of the county. If the unit is a unit of local government other than a city, town, or county, the concise statement shall be prepared by the prosecuting attorney of the
county within which the majority area of the unit is located.
(2) A referendum measure on the enactment of a unit of
local government shall be advertised in the manner provided
for nominees for elective office.
(3) Subsection (1) of this section does not apply if
another provision of law specifies the ballot title for a specific
type of ballot question or proposition. [2006 c 311 § 9; 2004
c 271 § 169.]
Findings—2006 c 311: See note following RCW 36.120.020.
(2008 Ed.)
29A.36.104
29A.36.080 Local measures—Ballot title—Notice.
Upon the filing of a ballot title of a question to be submitted
to the people of a county or municipality, the county auditor
shall provide notice of the exact language of the ballot title to
the persons proposing the measure, the county or municipality, and to any other person requesting a copy of the ballot
title. [2003 c 111 § 908. Prior: 2000 c 197 § 13. Formerly
RCW 29.27.0665.]
29A.36.080
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
29A.36.090 Local measures—Ballot title—Appeal. If
any persons are dissatisfied with the ballot title for a local
ballot measure that was formulated by the city attorney or
prosecuting attorney preparing the same, they may at any
time within ten days from the time of the filing of the ballot
title, not including Saturdays, Sundays, and legal holidays,
appeal to the superior court of the county where the question
is to appear on the ballot, by petition setting forth the measure, the ballot title objected to, their objections to it, and
praying for amendment of it. The time of the filing of the ballot title, as used in this section in determining the time for
appeal, is the time the ballot title is first filed with the county
auditor.
A copy of the petition on appeal together with a notice
that an appeal has been taken shall be served upon the county
auditor and the official preparing the ballot title. Upon the
filing of the petition on appeal, the court shall immediately,
or at the time to which a hearing may be adjourned by consent
of the appellants, examine the proposed measure, the ballot
title filed, and the objections to it and may hear arguments on
it, and shall as soon as possible render its decision and certify
to and file with the county auditor a ballot title that it determines will meet the requirements of this chapter. The decision of the superior court is final, and the ballot title or statement so certified will be the established ballot title. The
appeal must be heard without cost to either party. [2003 c
111 § 909. Prior: 2000 c 197 § 14; 1993 c 256 § 12; 1965 c
9 § 29.27.067; prior: 1953 c 242 § 4. Formerly RCW
29.27.067.]
29A.36.090
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
Severability—Effective date—1993 c 256: See notes following RCW
29A.84.280.
29A.36.101 Names on primary ballot. Except for the
candidates for the positions of president and vice president,
for a partisan or nonpartisan office for which no primary is
required, or for independent or minor party candidates, the
names of all candidates who, under this title, filed a declaration of candidacy or were certified as a candidate to fill a
vacancy on a major party ticket will appear on the appropriate
ballot at the primary throughout the jurisdiction in which they
are to be nominated. [2004 c 271 § 125.]
29A.36.101
29A.36.104 Partisan primary ballots—Formats. Partisan primaries must be conducted using either:
(1) A consolidated ballot format that includes a checkoff box for each major political party. The consolidated ballot must include all partisan races, nonpartisan races, and ballot measures to be voted on at that primary; or
29A.36.104
[Title 29A RCW—page 51]
29A.36.106
Title 29A RCW: Elections
(2) A physically separate ballot format that includes both
party ballots and a nonpartisan ballot. A party ballot must be
specific to a particular major political party and include the
names of candidates for partisan offices who designated that
same major political party in their declarations of candidacy,
as well as all nonpartisan races and ballot measures to be
voted on at that primary. The nonpartisan ballot must include
only the nonpartisan races and ballot measures to be voted on
at that primary. [2007 c 38 § 2; 2004 c 271 § 126.]
29A.36.106 Partisan primary ballots—Required
statements. (1) If the consolidated ballot format is used, the
major political party identification check-off box must appear
on the primary ballot before all offices and ballot measures.
Clear and concise instructions to the voter must be prominently displayed immediately before the list of major political parties, and must include:
(a) A statement that, for partisan offices, the voter may
only vote for candidates of one political party;
(b) A question asking the voter to indicate the major
political party with which the voter chooses to affiliate;
(c) A statement that, for a major political party candidate, only votes cast by voters who choose to affiliate with
that same major political party will be tabulated and reported;
(d) A statement that votes cast for a major political party
candidate by a voter who chooses to affiliate with a different
major political party will not be tabulated or reported;
(e) A statement that votes cast for a major political party
candidate by a voter who selects more than one major political party with which to affiliate will not be tabulated or
reported; and
(f) A statement that party affiliation will not affect votes
cast for candidates for nonpartisan offices, or for or against
ballot measures.
(2) If the physically separate ballot format is used, clear
and concise instructions to the voter must be prominently displayed, and must include:
(a) A statement that, for partisan offices, the voter may
only vote for candidates of one political party;
(b) A statement explaining that only one ballot may be
voted;
(c) A statement explaining that if more than one party
ballot is voted, none of the partisan races will be tabulated or
reported; and
(d) A statement explaining that the nonpartisan ballot
only lists nonpartisan races and ballot measures and does not
list partisan races. [2007 c 38 § 3; 2004 c 271 § 127.]
29A.36.106
29A.36.111 Uniformity, arrangement, contents
required. Every ballot for a single combination of issues,
offices, and candidates shall be uniform within a precinct and
shall identify the type of primary or election, the county, and
the date of the primary or election, and the ballot or voting
device shall contain instructions on the proper method of
recording a vote, including write-in votes. Each position,
together with the names of the candidates for that office, shall
be clearly separated from other offices or positions in the
same jurisdiction. The offices in each jurisdiction shall be
clearly separated from each other. No paper ballot or ballot
card may be marked in any way that would permit the identi29A.36.111
[Title 29A RCW—page 52]
fication of the person who voted that ballot. [2004 c 271 §
128.]
29A.36.115 Provisional and absentee ballots. All provisional and absentee ballots must be visually distinguishable
from each other and must be either:
(1) Printed on colored paper; or
(2) Imprinted with a bar code for the purpose of identifying the ballot as a provisional or absentee ballot. The bar
code must not identify the voter.
Provisional and absentee ballots must be incapable of
being tabulated by poll-site counting devices. [2005 c 243 §
3.]
29A.36.115
29A.36.121 Order of offices and issues—Party indication. (1)(a) The positions or offices on a primary consolidated ballot shall be arranged in substantially the following
order: United States senator; United States representative;
governor; lieutenant governor; secretary of state; state treasurer; state auditor; attorney general; commissioner of public
lands; superintendent of public instruction; insurance commissioner; state senator; state representative; county officers;
justices of the supreme court; judges of the court of appeals;
judges of the superior court; and judges of the district court.
For all other jurisdictions on the primary consolidated ballot,
the offices in each jurisdiction shall be grouped together and
be in the order of the position numbers assigned to those
offices, if any.
(b)(i) The positions or offices on a primary party ballot
must be arranged in substantially the following order: United
States senator; United States representative; governor; lieutenant governor; secretary of state; state treasurer; state auditor; attorney general; commissioner of public lands; insurance commissioner; state senator; state representative; and
partisan county officers. For all other jurisdictions on the primary party ballot, the offices in each jurisdiction must be
grouped together and be in the order of the position numbers
assigned to those offices, if any.
(ii) The positions or offices on a primary nonpartisan
ballot must be arranged in substantially the following order:
Superintendent of public instruction; justices of the supreme
court; judges of the court of appeals; judges of the superior
court; and judges of the district court. For all other jurisdictions on the primary nonpartisan ballot, the offices in each
jurisdiction must be grouped together and be in the order of
the position numbers assigned to those offices, if any.
(2) The order of the positions or offices on an election
ballot shall be substantially the same as on a primary consolidated ballot except that state ballot issues must be placed
before all offices. The offices of president and vice president
of the United States shall precede all other offices on a presidential election ballot. The positions on a ballot to be
assigned to ballot measures regarding local units of government shall be established by the secretary of state by rule.
(3) The political party or independent candidacy of each
candidate for partisan office shall be indicated next to the
name of the candidate on the primary and election ballot. A
candidate shall file a written notice with the filing officer
within three business days after the close of the filing period
designating the political party to be indicated next to the can29A.36.121
(2008 Ed.)
Ballots and Other Voting Forms
didate’s name on the ballot if either: (a) The candidate has
been nominated by two or more minor political parties or
independent conventions; or (b) the candidate has both filed a
declaration of candidacy declaring an affiliation with a major
political party and been nominated by a minor political party
or independent convention. If no written notice is filed the
filing officer shall give effect to the party designation shown
upon the first document filed. A candidate may be deemed
nominated by a minor party or independent convention only
if all documentation required by chapter 29A.20 RCW has
been timely filed. [2004 c 271 § 129.]
29A.36.131 Order of candidates on ballots. After the
close of business on the last day for candidates to file for
office, the filing officer shall, from among those filings made
in person and by mail, determine by lot the order in which the
names of those candidates will appear on all primary, sample,
and absentee ballots. The determination shall be done publicly and may be witnessed by the media and by any candidate. If no primary is required for any nonpartisan office
under RCW 29A.52.011 or 29A.52.220, or if any independent or minor party candidate files a declaration of candidacy, the names shall appear on the general election ballot in
the order determined by lot. [2004 c 271 § 130.]
29A.36.131
29A.36.151 Sample ballots. Except in each county
with a population of one million or more, on or before the fifteenth day before a primary or election, the county auditor
shall prepare a sample ballot which shall be made readily
available to members of the public. The secretary of state
shall adopt rules governing the preparation of sample ballots
in counties with a population of one million or more. The
rules shall permit, among other alternatives, the preparation
of more than one sample ballot by a county with a population
of one million or more for a primary or election, each of
which lists a portion of the offices and issues to be voted on
in that county. The position of precinct committee officer
shall be shown on the sample ballot for the primary, but the
names of candidates for the individual positions need not be
shown. [2004 c 271 § 131.]
29A.36.151
29A.36.161 Arrangement of instructions, measures,
offices—Order of candidates—Numbering of ballots. (1)
On the top of each ballot must be printed clear and concise
instructions directing the voter how to mark the ballot,
including write-in votes. On the top of each primary ballot
must be printed the instructions required by this chapter.
(2) The questions of adopting constitutional amendments
or any other state measure authorized by law to be submitted
to the voters at that election must appear after the instructions
and before any offices.
(3) In a year that president and vice president appear on
the general election ballot, the names of candidates for president and vice president for each political party must be
grouped together with a single response position for a voter to
indicate his or her choice.
(4) On a general election ballot, the candidate or candidates of the major political party that received the highest
number of votes from the electors of this state for the office
of president of the United States at the last presidential elec29A.36.161
(2008 Ed.)
29A.36.171
tion must appear first following the appropriate office heading. The candidate or candidates of the other major political
parties will follow according to the votes cast for their nominees for president at the last presidential election, and independent candidates and the candidate or candidates of all
other parties will follow in the order of their qualification
with the secretary of state.
(5) All paper ballots and ballot cards used at a polling
place must be sequentially numbered in such a way to permit
removal of such numbers without leaving any identifying
marks on the ballot. [2004 c 271 § 132.]
29A.36.170
29A.36.170 Top two candidates qualified for general election—
Exception. (1) For any office for which a primary was held, only the names
of the top two candidates will appear on the general election ballot; the name
of the candidate who received the greatest number of votes will appear first
and the candidate who received the next greatest number of votes will appear
second. No candidate’s name may be printed on the subsequent general election ballot unless he or she receives at least one percent of the total votes cast
for that office at the preceding primary, if a primary was conducted. On the
ballot at the general election for an office for which no primary was held, the
names of the candidates shall be listed in the order determined under *RCW
29A.36.130.
(2) For the office of justice of the supreme court, judge of the court of
appeals, judge of the superior court, or state superintendent of public instruction, if a candidate in a contested primary receives a majority of all the votes
cast for that office or position, only the name of that candidate may be
printed for that position on the ballot at the general election. [2005 c 2 § 6
(Initiative Measure No. 872, approved November 2, 2004); 2003 c 111 §
917. Prior: 1992 c 181 § 2; 1990 c 59 § 95. Formerly RCW 29.30.085.]
Reviser’s note: *(1) RCW 29A.36.130 was repealed by 2004 c 271 §
193. Later enactment, see RCW 29A.36.131.
(2) RCW 29A.36.170 was amended by 2005 c 2 § 6 (Initiative Measure
No. 872) without cognizance of its repeal by 2004 c 271 § 193. For rule of
construction, see RCW 1.12.025.
(3) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
Short title—Intent—Contingent effective date—2005 c 2 (Initiative
Measure No. 872): See notes following RCW 29A.52.112.
Effective date—1992 c 181: See note following RCW 29A.36.180.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
29A.36.170
29A.36.170 Nonpartisan candidates qualified for general election.
[2003 c 111 § 917. Prior: 1992 c 181 § 2; 1990 c 59 § 95. Formerly RCW
29.30.085.] Repealed by 2004 c 271 § 193.
Reviser’s note: (1) RCW 29A.36.170 was amended by 2005 c 2 § 6
(Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271
§ 193. For rule of construction, see RCW 1.12.025.
(2) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
29A.36.171 Nonpartisan candidates qualified for
general election. (1) Except as provided in RCW
29A.36.180 and in subsection (2) of this section, on the ballot
at the general election for a nonpartisan office for which a
primary was held, only the names of the candidate who
received the greatest number of votes and the candidate who
received the next greatest number of votes for that office shall
appear under the title of that office, and the names shall
appear in that order. If a primary was conducted, no candidate’s name may be printed on the subsequent general election ballot unless he or she receives at least one percent of the
total votes cast for that office at the preceding primary. On
the ballot at the general election for any other nonpartisan
29A.36.171
[Title 29A RCW—page 53]
29A.36.180
Title 29A RCW: Elections
office for which no primary was held, the names of the candidates shall be listed in the order determined under RCW
29A.36.131.
(2) On the ballot at the general election for the office of
justice of the supreme court, judge of the court of appeals,
judge of the superior court, judge of the district court, or state
superintendent of public instruction, if a candidate in a contested primary receives a majority of all the votes cast for that
office or position, only the name of that candidate may be
printed under the title of the office for that position. [2004 c
271 § 170.]
29A.36.180 Disqualified candidates in nonpartisan
elections—Special procedures for conduct of election.
This section applies if a candidate for an elective office of a
city, town, or special purpose district would, under this chapter, otherwise qualify to have his or her name printed on the
general election ballot for the office, but the candidate has
been declared to be unqualified to hold the office by a court
of competent jurisdiction.
(1) In a case in which a primary is conducted for the
office:
(a) If ballots for the general election for the office have
not been ordered by the county auditor, the candidate who
received the third greatest number of votes for the office at
the primary shall qualify as a candidate for general election
and that candidate’s name shall be printed on the ballot for
the office in lieu of the name of the disqualified candidate.
(b) If general election ballots for the office have been so
ordered, votes cast for the disqualified candidate at the general election for the office shall not be counted for that office.
(2) In a case in which a primary is not conducted for the
office:
(a) If ballots for the general election for the office have
not been ordered by the county auditor, the name of the disqualified candidate shall not appear on the general election
ballot for the office.
(b) If general election ballots for the office have been so
ordered, votes cast for the disqualified candidate at the general election for the office shall not be counted for that office.
(3) If the disqualified candidate is the only candidate to
have filed for the office during a regular or special filing
period for the office, a void in candidacy for the office exists.
[2003 c 111 § 918. Prior: 1992 c 181 § 1. Formerly RCW
29.30.086.]
29A.36.180
Effective date—1992 c 181: "This act shall take effect July 1, 1992."
[1992 c 181 § 3.]
29A.36.191 Partisan candidates qualified for general
election. The name of a candidate for a partisan office for
which a primary was conducted shall not be printed on the
ballot for that office at the subsequent general election unless,
at the preceding primary, the candidate receives a number of
votes equal to at least one percent of the total number of votes
cast for all candidates for that office and a plurality of the
votes cast by voters affiliated with that party for candidates
for that office affiliated with that party. [2004 c 271 § 133.]
29A.36.191
29A.36.201 Names qualified to appear on election
ballot. The names of the persons certified as nominees by the
29A.36.201
[Title 29A RCW—page 54]
secretary of state or the county canvassing board shall be
printed on the ballot at the ensuing election.
No name of any candidate whose nomination at a primary is required by law shall be placed upon the ballot at a
general or special election unless it appears upon the certificate of either (1) the secretary of state, or (2) the county canvassing board, or (3) a minor party convention or the state or
county central committee of a major political party to fill a
vacancy on its ticket under RCW 29A.28.021.
Excluding the office of precinct committee officer or a
temporary elected position such as a charter review board
member or freeholder, a candidate’s name shall not appear
more than once upon a ballot for a position regularly nominated or elected at the same election. [2004 c 271 § 171.]
29A.36.210 Property tax levies—Ballot form. (1) The
ballot proposition authorizing a taxing district to impose the
regular property tax levies authorized in RCW 36.69.145,
67.38.130, 84.52.069, or 84.52.135 shall contain in substance
the following:
29A.36.210
"Shall the . . . . . . (insert the name of the taxing district)
be authorized to impose regular property tax levies of . . . . . .
(insert the maximum rate) or less per thousand dollars of
assessed valuation for each of . . . . . . (insert the maximum
number of years allowable) consecutive years?
Yes . . . . . . . . . . . .â
No . . . . . . . . . . . .â"
Each voter shall indicate either "Yes" or "No" on his or
her ballot in accordance with the procedures established
under this title.
(2) The ballot proposition authorizing a taxing district to
impose a permanent regular tax levy under RCW 84.52.069
shall contain the following:
"Shall the . . . . . (insert the name of the taxing district) be
authorized to impose a PERMANENT regular property levy
of . . . . . (insert the maximum rate) or less per thousand dollars of assessed valuation?
Yes . . . . . . . . . . . .â
No . . . . . . . . . . . .â"
[2004 c 80 § 2; 2003 c 111 § 921. Prior: 1999 c 224 § 2; 1984
c 131 § 3. Formerly RCW 29.30.111.]
Effective date—2004 c 80: See note following RCW 84.52.135.
Application—1999 c 224: See note following RCW 84.52.069.
Purpose—1984 c 131 §§ 3-9: "The purpose of sections 3 through 6 of
this act is to clarify requirements necessary for voters to authorize certain
local governments to impose regular property tax levies for a series of years.
Sections 3 through 9 of this act only clarify the existing law to avoid credence being given to an erroneous opinion that has been rendered by the
attorney general. As cogently expressed in Attorney General Opinion, Number 14, Addendum, opinions rendered by the attorney general are advisory
only and are merely a "prediction of the outcome if the matter were to be litigated." Nevertheless, confusion has arisen from this erroneous opinion."
[1984 c 131 § 2.]
29A.36.220 Expense of printing and distributing ballot materials. The cost of printing ballots, ballot cards, and
instructions and the delivery of this material to the precinct
election officers shall be an election cost that shall be borne
as determined under RCW 29A.04.410 and 29A.04.420, as
appropriate. [2003 c 111 § 922. Prior: 1990 c 59 § 16; 1965
29A.36.220
(2008 Ed.)
Absentee Voting
c 9 § 29.30.130; prior: 1889 p 400 § 1; RRS § 5269. Formerly RCW 29.30.130.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.36.230 Regional transportation investment district and regional transit authority single ballot. The election on the single ballot proposition described in RCW
36.120.070 and 81.112.030(10) must be conducted by the
auditor of each component county in accordance with the
general election laws of the state, except as provided in this
section. Notice of the election must be published in one or
more newspapers of general circulation in each component
county in the manner provided in the general election laws.
The single joint ballot proposition required under RCW
36.120.070 and 81.112.030(10) must be in substantially the
following form:
29A.36.230
"REGIONAL TRANSPORTATION INVESTMENT
DISTRICT (RTID) AND REGIONAL TRANSIT
AUTHORITY (RTA) PROPOSITION #1
REGIONAL ROADS AND TRANSIT SYSTEM
To reduce transportation congestion, increase road
capacity, promote safety, facilitate mobility, provide
for an integrated regional transportation system, and
improve the health, welfare, and safety of the citizens of Washington, shall a regional transit authority (RTA) implement a regional rail and transit system to link [insert geographic references] as
described in [insert plan name], financed by [insert
taxes] imposed by RTA, all as provided in Resolution No. [insert number]; and shall a regional transportation investment district (RTID) be formed and
authorized to implement and invest in improving the
regional transportation system by replacing vulnerable bridges, improving safety, and increasing capacity on state and local roads to further link major education, employment, and retail centers described in
[insert plan name] financed by [insert taxes]
imposed by RTID, all as provided in Resolution No.
[insert number]; further provided that the RTA taxes
shall be imposed only within the boundaries of the
RTA, and the RTID taxes shall be imposed only
within the boundaries of the RTID?
Yes . . . . . . . . . . . . . . . . . . . . . . . .â
No . . . . . . . . . . . . . . . . . . . . . . . .â"
[2007 c 509 § 4.]
Findings— Intent—Constituti onal c hallenges— Expedited
appeals—Severability—Effective date—2007 c 509: See notes following
RCW 36.120.070.
Chapter 29A.40
Chapter 29A.40 RCW
ABSENTEE VOTING
Sections
29A.40.010
29A.40.020
29A.40.030
29A.40.040
29A.40.050
29A.40.061
(2008 Ed.)
When permitted.
Request for single ballot.
Request on behalf of family member.
Ongoing status—Request—Termination.
Special ballots.
Issuance of ballot and other materials.
29A.40.070
29A.40.080
29A.40.091
29A.40.100
29A.40.110
29A.40.120
29A.40.130
29A.40.140
29A.40.150
29A.40.020
Date ballots available, mailed.
Delivery of ballot, qualifications for.
Envelopes and instructions.
Observers.
Processing incoming ballots.
Report of count.
Record of requests—Public access.
Challenges.
Overseas, service voters.
29A.40.010 When permitted. Any registered voter of
the state or any out-of-state voter, overseas voter, or service
voter may vote by absentee ballot in any general election,
special election, or primary in the manner provided in this
chapter. Out-of-state voters, overseas voters, and service voters are authorized to cast the same ballots, including those for
special elections, as a registered voter of the state would
receive under this chapter. [2003 c 111 § 1001. Prior: 2001
c 241 § 1; 1991 c 81 § 29; 1987 c 346 § 9; 1986 c 167 § 14;
1985 c 273 § 1; 1984 c 27 § 1; 1977 ex.s. c 361 § 76; 1974
ex.s. c 35 § 1; 1971 ex.s. c 202 § 37; 1965 c 9 § 29.36.010;
prior: 1963 ex.s. c 23 § 1; 1955 c 167 § 2; prior: (i) 1950
ex.s. c 8 § 1; 1943 c 72 § 1; 1933 ex.s. c 41 § 1; 1923 c 58 §
1; 1921 c 143 § 1; 1917 c 159 § 1; 1915 c 189 § 1; Rem. Supp.
1943 § 5280. (ii) 1933 ex.s. c 41 § 2, part; 1923 c 58 § 2, part;
1921 c 143 § 2, part; 1917 c 159 § 2, part; 1915 c 189 § 2,
part; RRS § 5281, part. Formerly RCW 29.36.210,
29.36.010.]
29A.40.010
Effective date—1991 c 81: See note following RCW 29A.84.540.
Legislative intent—1987 c 346: "By this act the legislature intends to
combine and unify the laws and procedures governing absentee voting.
These amendments are intended: (1) To clarify and incorporate into a single
chapter of the Revised Code of Washington the preexisting statutes under
which electors of this state qualify for absentee ballots under state law, federal law, or a combination of both state and federal law, and (2) to insure uniformity in the application, issuance, receipt, and canvassing of these absentee ballots. Nothing in this act is intended to impose any new requirement on
the ability of the registered voters or electors of this state to qualify for,
receive, or cast absentee ballots in any primary or election." [1987 c 346 §
1.]
Effective date—1987 c 346: "This act shall take effect on January 1,
1988." [1987 c 346 § 25.]
Severability—1986 c 167: See note following RCW 29A.04.049.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
29A.40.020 Request for single ballot. (1) Except as
otherwise provided by law, a registered voter or out-of-state
voter, overseas voter, or service voter desiring to cast an
absentee ballot at a single election or primary must request
the absentee ballot from his or her county auditor no earlier
than ninety days nor later than the day before the election or
primary at which the person seeks to vote. Except as otherwise provided by law, the request may be made orally in person, by telephone, electronically, or in writing. An application or request for an absentee ballot made under the authority of a federal statute or regulation will be considered and
given the same effect as a request for an absentee ballot under
this chapter.
(2) A voter requesting an absentee ballot for a primary
may also request an absentee ballot for the following general
election. A request by an out-of-state voter, overseas voter,
or service voter for an absentee ballot for a primary election
will be considered as a request for an absentee ballot for the
following general election.
29A.40.020
[Title 29A RCW—page 55]
29A.40.030
Title 29A RCW: Elections
(3) In requesting an absentee ballot, the voter shall state
the address to which the absentee ballot should be sent. A
request for an absentee ballot from an out-of-state voter,
overseas voter, or service voter must include the address of
the last residence in the state of Washington and either a written application or the oath on the return envelope must
include a declaration of the other qualifications of the applicant as an elector of this state. A request for an absentee ballot from any other voter must state the address at which that
voter is currently registered to vote in the state of Washington
or the county auditor shall verify that information from the
voter registration records of the county.
(4) A request for an absentee ballot from a registered
voter who is within this state must be made directly to the
auditor of the county in which the voter is registered. An
absentee ballot request from a registered voter who is temporarily outside this state or from an out-of-state voter, overseas
voter, or service voter may be made either to the appropriate
county auditor or to the secretary of state, who shall promptly
forward the request to the appropriate county auditor.
(5) No person, organization, or association may distribute absentee ballot applications within this state that contain
a return address other than that of the appropriate county
auditor. [2003 c 111 § 1002; 2001 c 241 § 2. Formerly RCW
29.36.220.]
29A.40.030 Request on behalf of family member. A
member of a registered voter’s family may request an absentee ballot on behalf of and for use by the voter. As a means
of ensuring that a person who requests an absentee ballot is
requesting the ballot for only that person or a member of the
person’s immediate family, an auditor may require a person
who requests an absentee ballot to identify the date of birth of
the voter for whom the ballot is requested and deny a request
that is not accompanied by this information. [2003 c 111 §
1003. Prior: 2001 c 241 § 3. Formerly RCW 29.36.230.]
29A.40.030
29A.40.040 Ongoing status—Request—Termination. Any registered voter may apply, in writing, for status as
an ongoing absentee voter. Each qualified applicant shall
automatically receive an absentee ballot for each ensuing
election or primary for which the voter is entitled to vote and
need not submit a separate request for each election. Ballots
received from ongoing absentee voters shall be validated,
processed, and tabulated in the same manner as other absentee ballots.
Status as an ongoing absentee voter shall be terminated
upon any of the following events:
(1) The written request of the voter;
(2) The death or disqualification of the voter;
(3) The cancellation of the voter’s registration record;
(4) The return of an ongoing absentee ballot as undeliverable; or
(5) Upon placing a voter on inactive status under RCW
29A.08.620. [2003 c 111 § 1004. Prior: 2001 c 241 § 4;
1999 c 298 § 12; 1993 c 418 § 1; 1991 c 81 § 30; 1987 c 346
§ 10; 1986 c 22 § 1; 1985 c 273 § 2. Formerly RCW
29.36.240, 29.36.013.]
29A.40.040
Effective date—1991 c 81: See note following RCW 29A.84.540.
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
[Title 29A RCW—page 56]
29A.40.050 Special ballots. (1) As provided in this section, county auditors shall provide special absentee ballots to
be used for state primary or state general elections. An auditor shall provide a special absentee ballot only to a registered
voter who completes an application stating that she or he will
be unable to vote and return a regular absentee ballot by normal mail delivery within the period provided for regular
absentee ballots.
The application for a special absentee ballot may not be
filed earlier than ninety days before the applicable state primary or general election. The special absentee ballot will list
the offices and measures, if known, scheduled to appear on
the state primary or general election ballot. The voter may
use the special absentee ballot to write in the name of any eligible candidate for each office and vote on any measure.
(2) With any special absentee ballot issued under this
section, the county auditor shall include a listing of any candidates who have filed before the time of the application for
offices that will appear on the ballot at that primary or election and a list of any issues that have been referred to the ballot before the time of the application.
(3) Write-in votes on special absentee ballots must be
counted in the same manner provided by law for the counting
of other write-in votes. The county auditor shall process and
canvass the special absentee ballots provided under this section in the same manner as other absentee ballots under this
chapter and chapter 29A.60 RCW.
(4) A voter who requests a special absentee ballot under
this section may also request an absentee ballot under RCW
29A.40.020(4). If the regular absentee ballot is properly
voted and returned, the special absentee ballot is void, and the
county auditor shall reject it in whole when special absentee
ballots are canvassed. [2003 c 111 § 1005; 2001 c 241 § 5;
1991 c 81 § 35; 1987 c 346 § 21. Formerly RCW 29.36.250,
29.36.170.]
29A.40.050
Effective date—1991 c 81: See note following RCW 29A.84.540.
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.40.061 Issuance of ballot and other materials.
(1) The county auditor shall issue an absentee ballot for the
primary or election for which it was requested, or for the next
occurring primary or election when ongoing absentee status
has been requested if the information contained in a request
for an absentee ballot or ongoing absentee status received by
the county auditor is complete and correct and the applicant
is qualified to vote under federal or state law. Otherwise, the
county auditor shall notify the applicant of the reason or reasons why the request cannot be accepted. Whenever two or
more candidates have filed for the position of precinct committee officer for the same party in the same precinct, the
contest for that position must be presented to absentee voters
from that precinct by either including the contest on the regular absentee ballot or a separate absentee ballot. The ballot
must provide space designated for writing in the name of
additional candidates.
(2) A registered voter may obtain a replacement ballot if
the ballot is destroyed, spoiled, lost, or not received by the
voter. The voter may obtain the ballot by telephone request,
by mail, electronically, or in person. The county auditor shall
29A.40.061
(2008 Ed.)
Absentee Voting
keep a record of each replacement ballot provided under this
subsection.
(3) A copy of the state voters’ pamphlet must be sent to
registered voters temporarily outside the state, out-of-state
voters, overseas voters, and service voters along with the
absentee ballot if such a pamphlet has been prepared for the
primary or election and is available to the county auditor at
the time of mailing. The county auditor shall mail all absentee ballots and related material to voters outside the territorial
limits of the United States and the District of Columbia under
39 U.S.C. 3406. [2004 c 271 § 134.]
Alternative forms of identification—Voting procedure: RCW 29A.08.113.
29A.40.091
part; 1921 c 178 § 4, part; 1907 c 209 § 8, part; Rem. Supp.
1949 § 5185, part. Formerly RCW 29.36.270, 29.30.075.]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
Effective date—2004 c 266: See note following RCW 29A.04.575.
Policy—2003 c 162: "It is the policy of the state of Washington that
individuals voting absentee and mail ballots receive their ballots in a timely
and consistent manner before each election. Since many voters in Washington state have come to rely upon absentee and mail voting, mailing the ballots in a timely manner is critical in order to maximize participation by every
eligible voter." [2003 c 162 § 1.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
29A.40.080 Delivery of ballot, qualifications for. The
delivery of an absentee ballot for any primary or election
shall be subject to the following qualifications:
(1) Only the registered voter personally, or a member of
the registered voter’s immediate family may pick up an
absentee ballot for the voter at the office of the issuing officer
unless the voter is a resident of a health care facility, as
defined by RCW 70.37.020(3), on election day and applies
by messenger for an absentee ballot. In this latter case, the
messenger may pick up the voter’s absentee ballot.
(2) Except as noted in subsection (1) of this section, the
issuing officer shall mail or deliver the absentee ballot
directly to each applicant. [2003 c 111 § 1008. Prior: 2001
c 241 § 7; 1984 c 27 § 2; 1965 c 9 § 29.36.035; prior: 1963
ex.s. c 23 § 4. Formerly RCW 29.36.280, 29.36.035.]
29A.40.080
29A.40.070
29A.40.070 Date ballots available, mailed. (1) Except
where a recount or litigation under RCW 29A.68.011 is
pending, the county auditor shall have sufficient absentee
ballots available for absentee voters of that county, other than
overseas voters and service voters, at least twenty days before
any primary, general election, or special election. The county
auditor must mail absentee ballots to each voter for whom the
county auditor has received a request nineteen days before
the primary or election at least eighteen days before the primary or election. For a request for an absentee ballot
received after the nineteenth day before the primary or election, the county auditor shall make every effort to mail ballots
within one business day, and shall mail the ballots within two
business days.
(2) At least thirty days before any primary, general election, or special election, the county auditor shall mail ballots
to all overseas and service voters. A request for a ballot made
by an overseas or service voter after that day must be processed immediately.
(3) Each county auditor shall certify to the office of the
secretary of state the dates the ballots prescribed in subsection (1) of this section were available and mailed.
(4) If absentee ballots will not be available or mailed as
prescribed in subsection (1) of this section, the county auditor
shall immediately certify to the office of the secretary of state
when absentee ballots will be available and mailed. Copies
of this certification must be provided to the county canvassing board, the press, jurisdictions with issues on the ballot in
the election, and any candidates.
(5) If absentee ballots were not available or mailed as
prescribed in subsection (1) of this section, for a reason other
than a recount or litigation, the county auditor, in consultation with the certification and training program of the office
of the secretary of state, shall submit a report to the office of
the secretary of state outlining why the deadline was missed
and what corrective actions will be taken in future elections
to ensure that absentee ballots are available and mailed as
prescribed in subsection (1) of this section.
(6) Failure to have absentee ballots available and mailed
as prescribed in subsection (1) of this section does not by
itself provide a basis for an election contest or other legal
challenge to the results of a primary, general election, or special election. [2006 c 344 § 13; 2004 c 266 § 13. Prior: 2003
c 162 § 2; 2003 c 111 § 1007; prior: 1987 c 54 § 1; 1977 ex.s.
c 361 § 56; 1965 ex.s. c 103 § 5; 1965 c 9 § 29.30.075; prior:
1949 c 161 § 10, part; 1947 c 234 § 2, part; 1935 c 26 § 1,
(2008 Ed.)
29A.40.091 Envelopes and instructions. The county
auditor shall send each absentee voter a ballot, a security
envelope in which to seal the ballot after voting, a larger
envelope in which to return the security envelope, and
instructions on how to mark the ballot and how to return it to
the county auditor. The instructions that accompany an
absentee ballot for a partisan primary must include instructions for voting the applicable ballot style, as provided in
chapter 29A.36 RCW. The absentee voter’s name and
address must be printed on the larger return envelope, which
must also contain a declaration by the absentee voter reciting
his or her qualifications and stating that he or she has not
voted in any other jurisdiction at this election, together with a
summary of the penalties for any violation of any of the provisions of this chapter. The declaration must clearly inform
the voter that it is illegal to vote if he or she is not a United
States citizen; it is illegal to vote if he or she has been convicted of a felony and has not had his or her voting rights
restored; and, except as otherwise provided by law, it is illegal to cast a ballot or sign an absentee envelope on behalf of
another voter. The return envelope must provide space for
the voter to indicate the date on which the ballot was voted
and for the voter to sign the oath. It must also contain a space
so that the voter may include a telephone number. A summary of the applicable penalty provisions of this chapter must
be printed on the return envelope immediately adjacent to the
space for the voter’s signature. The signature of the voter on
the return envelope must affirm and attest to the statements
regarding the qualifications of that voter and to the validity of
the ballot. The return envelope must also have a secrecy flap
that the voter may seal that will cover the voter’s signature
and optional telephone number. For out-of-state voters, over29A.40.091
[Title 29A RCW—page 57]
29A.40.100
Title 29A RCW: Elections
seas voters, and service voters, the signed declaration on the
return envelope constitutes the equivalent of a voter registration for the election or primary for which the ballot has been
issued. The voter must be instructed to either return the ballot
to the county auditor by whom it was issued or attach sufficient first-class postage, if applicable, and mail the ballot to
the appropriate county auditor no later than the day of the
election or primary for which the ballot was issued.
If the county auditor chooses to forward absentee ballots,
he or she must include with the ballot a clear explanation of
the qualifications necessary to vote in that election and must
also advise a voter with questions about his or her eligibility
to contact the county auditor. This explanation may be provided on the ballot envelope, on an enclosed insert, or printed
directly on the ballot itself. If the information is not included,
the envelope must clearly indicate that the ballot is not to be
forwarded and that return postage is guaranteed. [2005 c 246
§ 21; 2004 c 271 § 135.]
Effective date—2005 c 246: See note following RCW 10.64.140.
29A.40.100 Observers. County auditors must request
that observers be appointed by the major political parties to
be present during the processing of absentee ballots. The
absence of the observers will not prevent the processing of
absentee ballots if the county auditor has requested their presence. [2003 c 111 § 1010. Prior: 2001 c 241 § 9. Formerly
RCW 29.36.300.]
29A.40.100
29A.40.110 Processing incoming ballots. (1) The
opening and subsequent processing of return envelopes for
any primary or election may begin upon receipt. The tabulation of absentee ballots must not commence until after 8:00
p.m. on the day of the primary or election.
(2) All received absentee return envelopes must be
placed in secure locations from the time of delivery to the
county auditor until their subsequent opening. After opening
the return envelopes, the county canvassing board shall place
all of the ballots in secure storage until after 8:00 p.m. of the
day of the primary or election. Absentee ballots that are to be
tabulated on an electronic vote tallying system may be taken
from the inner envelopes and all the normal procedural steps
may be performed to prepare these ballots for tabulation.
(3) Before opening a returned absentee ballot, the canvassing board, or its designated representatives, shall examine the postmark, statement, and signature on the return envelope that contains the security envelope and absentee ballot.
All personnel assigned to verify signatures must receive
training on statewide standards for signature verification.
Personnel shall verify that the voter’s signature on the return
envelope is the same as the signature of that voter in the registration files of the county. Verification may be conducted
by an automated verification system approved by the secretary of state. For any absentee ballot, a variation between the
signature of the voter on the return envelope and the signature
of that voter in the registration files due to the substitution of
initials or the use of common nicknames is permitted so long
as the surname and handwriting are clearly the same.
(4) For registered voters casting absentee ballots, the
date on the return envelope to which the voter has attested
determines the validity, as to the time of voting for that
29A.40.110
[Title 29A RCW—page 58]
absentee ballot if the postmark is missing or is illegible. For
out-of-state voters, overseas voters, and service voters stationed in the United States, the date on the return envelope to
which the voter has attested determines the validity as to the
time of voting for that absentee ballot. [2006 c 207 § 4; 2006
c 206 § 6; 2005 c 243 § 5; 2003 c 111 § 1011. Prior: 2001 c
241 § 10; 1991 c 81 § 32; 1987 c 346 § 14; 1977 ex.s. c 361
§ 78; 1973 c 140 § 1; 1965 c 9 § 29.36.060; prior: 1963 ex.s.
c 23 § 5; 1955 c 167 § 7; 1955 c 50 § 2; prior: 1933 ex.s. c 41
§ 5, part; 1921 c 143 § 6, part; 1917 c 159 § 4, part; 1915 c
189 § 4, part; RRS § 5285, part. Formerly RCW 29.36.310,
29.36.060.]
Reviser’s note: This section was amended by 2006 c 206 § 6 and by
2006 c 207 § 4, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1991 c 81: See note following RCW 29A.84.540.
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
County canvassing board, meeting to process absentee ballots, canvass
returns: RCW 29A.60.160.
Unsigned absentee or provisional ballots: RCW 29A.60.165.
29A.40.120 Report of count. The absentee ballots
must be reported at a minimum on a congressional and legislative district basis. Absentee ballots may be counted by congressional or legislative district or by individual precinct,
except as required under RCW 29A.60.230(2).
These returns must be added to the total of the votes cast
at the polling places. [2003 c 111 § 1012. Prior: 2001 c 241
§ 11; 1990 c 262 § 2; 1987 c 346 § 15; 1974 ex.s. c 73 § 2;
1965 c 9 § 29.36.070; prior: 1955 c 50 § 3; prior: 1933 ex.s.
c 41 § 5, part; 1921 c 143 § 6, part; 1917 c 159 § 4, part; 1915
c 189 § 4, part; RRS § 5285, part. Formerly RCW 29.36.320,
29.36.070.]
29A.40.120
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.40.130 Record of requests—Public access. Each
county auditor shall maintain in his or her office, open for
public inspection, a record of the requests he or she has
received for absentee ballots under this chapter.
The information from the requests shall be recorded and
lists of this information shall be available no later than
twenty-four hours after their receipt.
This information about absentee voters shall be available
according to the date of the requests and by legislative district. It shall include the name of each applicant, the address
and precinct in which the voter maintains a voting residence,
the date on which an absentee ballot was issued to this voter,
if applicable, the type of absentee ballot, and the address to
which the ballot was or is to be mailed, if applicable.
The auditor shall make copies of these records available
to the public for the actual cost of production or copying.
[2003 c 111 § 1013. Prior: 1991 c 81 § 33; 1987 c 346 § 17;
1973 1st ex.s. c 61 § 1. Formerly RCW 29.36.340,
29.36.097.]
29A.40.130
Effective date—1991 c 81: See note following RCW 29A.84.540.
(2008 Ed.)
Polling Place Elections and Poll Workers
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.40.140 Challenges. The qualifications of any
absentee voter may be challenged before the voted ballot is
received. The board has the authority to determine the legality of any absentee ballot challenged under this section.
Challenged ballots must be handled in accordance with chapter 29A.08 RCW. [2006 c 320 § 8; 2003 c 111 § 1014. Prior:
2001 c 241 § 13; 1987 c 346 § 18; 1965 c 9 § 29.36.100;
prior: 1917 c 159 § 5; 1915 c 189 § 5; RRS § 5286. Formerly
RCW 29.36.350, 29.36.100.]
29A.40.140
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.40.150 Overseas, service voters. The secretary of
state shall produce and furnish envelopes and instructions for
overseas voters and service voters. The information on the
envelopes or instructions must explain that:
(1) Return postage is free if the ballot is mailed through
the United States postal service, United States armed forces
postal service, or the postal service of a United States foreign
embassy;
(2) The date of the signature is considered the date of
mailing;
(3) The envelope must be signed by election day;
(4) The signed declaration on the envelope is the equivalent of voter registration;
(5) A voter may fax a voted ballot and the accompanying
envelope if the voter agrees to waive secrecy. The ballot will
be counted if the original documents are received before certification of the election; and
(6) A voter may obtain a ballot via electronic mail, which
the voter may print out, vote, and return by mail. In order to
facilitate the electronic acquisition of ballots by overseas and
service voters, the ballot instructions shall include the web
site of the office of the secretary of state. [2006 c 206 § 7;
2005 c 245 § 1; 2003 c 111 § 1015; 1993 c 417 § 7; 1987 c
346 § 19; 1983 1st ex.s. c 71 § 8. Formerly RCW 29.36.360,
29.36.150.]
29A.40.150
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
Chapter 29A.44
Chapter 29A.44 RCW
POLLING PLACE ELECTIONS
AND POLL WORKERS
Sections
29A.44.045
29A.44.050
29A.44.060
29A.44.070
29A.44.080
29A.44.090
Interference with voter prohibited.
List of who has and who has not voted.
Taking papers into voting booth.
Official ballots—Vote only once—Incorrectly marked ballots.
Electronic voting devices—Paper records.
Ballot pick up, delivery, and transportation.
Voting booths.
Opening and closing polls.
Polls open continuously—Announcement of closing.
Double voting prohibited.
29A.44.110
29A.44.120
Delivery of supplies.
Delivery of precinct lists to polls.
PROCEDURES
(2008 Ed.)
29A.44.221
29A.44.225
29A.44.231
29A.44.240
29A.44.250
29A.44.260
29A.44.265
29A.44.270
29A.44.280
29A.44.290
Additional supplies for paper ballots.
Voting and registration instructions and information.
Time for arrival of officers.
Inspection of voting equipment.
Flag.
Opening the polls.
Voting devices—Periodic examination.
Issuing ballot to voter—Challenge.
Identification required.
Provisional ballots.
Signature required—Procedure if voter unable to sign
name.
Casting vote.
Voter using electronic voting device.
Record of participation.
Disabled voters.
Tabulation of paper ballots before close of polls.
Voters in polling place at closing time.
Provisional ballot after polls close.
Unused ballots.
Duties of election officers after unused ballots secure.
Return of precinct lists after election—Public records.
POLL-SITE BALLOT COUNTING DEVICES
29A.44.310
29A.44.320
29A.44.330
29A.44.340
29A.44.350
Initialization.
Delivery and sealing.
Memory packs.
Incorrectly marked ballots.
Failure of device.
POLL WORKERS
29A.44.410
29A.44.420
29A.44.430
29A.44.440
29A.44.450
29A.44.460
29A.44.470
29A.44.480
29A.44.490
29A.44.500
29A.44.510
29A.44.520
29A.44.530
Appointment of judges and inspector.
Appointment of clerks—Party representation—Hour to
report.
Nomination.
Vacancies—How filled—Inspector’s authority.
One set of precinct election officers, exceptions—Counting
board—Receiving board.
Duties—Generally.
Application to other primaries or elections.
Inspector as chair—Authority.
Oaths of officers required.
Oath of inspectors, form.
Oath of judges, form.
Oath of clerks, form.
Compensation.
GENERAL PROVISIONS
29A.44.010 Interference with voter prohibited. No
person may interfere with a voter in any way within the polling place. This does not prevent the voter from receiving
assistance in preparing his or her ballot as provided in RCW
29A.44.240. [2003 c 111 § 1101. Prior: 1990 c 59 § 39;
1965 c 9 § 29.51.010; prior: 1907 c 130 § 2, part; 1889 p 408
§ 21, part; RRS § 5278, part. Formerly RCW 29.51.010.]
29A.44.010
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.44.020 List of who has and who has not voted.
At any election, general or special, or at any primary, any
political party or committee may designate a person other
than a precinct election officer, for each polling place to
check a list of registered voters of the precinct to determine
who has and who has not voted. The lists must be furnished
by the party or committee concerned. [2003 c 111 § 1102;
1977 ex.s. c 361 § 83; 1965 c 9 § 29.51.125. Prior: 1963
ex.s. c 24 § 1. Formerly RCW 29.51.125.]
29A.44.020
GENERAL PROVISIONS
29A.44.010
29A.44.020
29A.44.030
29A.44.040
29A.44.130
29A.44.140
29A.44.150
29A.44.160
29A.44.170
29A.44.180
29A.44.190
29A.44.201
29A.44.205
29A.44.207
29A.44.210
29A.44.020
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
"Major political party" defined: RCW 29A.04.086.
Poll books—As public records—Copies to representatives of major political
parties: RCW 29A.08.720.
[Title 29A RCW—page 59]
29A.44.030
Title 29A RCW: Elections
29A.44.030 Taking papers into voting booth. Any
voter may take into the voting booth or voting device any
printed or written material to assist in casting his or her vote.
The voter shall not use this material to electioneer and shall
remove the material when he or she leaves the polls or the
disability access voting location. [2004 c 267 § 317; 2003 c
111 § 1103. Prior: 1990 c 59 § 47; 1965 c 9 § 29.51.180;
prior: 1905 c 39 § 1, part; 1889 p 405 § 15, part; RRS § 5272,
part. Formerly RCW 29.51.180.]
29A.44.030
Effective dates—2004 c 267: See note following RCW 29A.08.651.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.44.040 Official ballots—Vote only once—Incorrectly marked ballots. No ballots may be used in any polling place or disability access voting location other than those
prepared by the county auditor. No voter is entitled to vote
more than once at a primary or a general or special election,
except that if a voter incorrectly marks a ballot, he or she may
return it and be issued a new ballot. The precinct election
officers shall void the incorrectly marked ballot and return it
to the county auditor. [2004 c 267 § 318; 2003 c 111 § 1104.
Prior: 1990 c 59 § 48; 1965 c 9 § 29.51.190; prior: (i) 1889
p 410 § 25; RRS § 5290. (ii) 1935 c 26 § 3, part; 1921 c 177
§ 1, part; 1919 c 163 § 15, part; 1917 c 71 § 2, part; 1909 c 82
§ 4, part; 1907 c 209 § 12, part; RRS § 5189, part. (iii) 1895
c 156 § 7, part; 1889 p 409 § 22, part; Code 1881 § 3079, part;
1865 p 34 § 4, part; RRS § 5279, part. (iv) 1915 c 114 § 7,
part; 1913 c 58 § 13, part; RRS § 5313, part. (v) 1905 c 39 §
1, part; 1889 p 405 § 15, part; RRS § 5272, part. Formerly
RCW 29.51.190.]
29A.44.040
Effective dates—2004 c 267: See note following RCW 29A.08.651.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.44.045 Electronic voting devices—Paper
records. Paper records produced by electronic voting
devices are subject to all the requirements of this chapter and
chapter 29A.60 RCW for ballot handling, preservation, reconciliation, transit to the counting center, and storage. The
paper records must be preserved in the same manner and for
the same period of time as ballots. [2005 c 242 § 2.]
29A.44.045
Preservation: RCW 29A.60.095.
Required: RCW 29A.12.085.
Unauthorized removal of paper record from polling place: RCW
29A.84.545.
29A.44.050 Ballot pick up, delivery, and transportation. (1) At the direction of the county auditor, a team or
teams composed of a representative of at least two major
political parties shall stop at designated polling places and
pick up the sealed containers of voted, untallied ballots for
delivery to the counting center. There may be more than one
delivery from each polling place. Two precinct election officials, representing two major political parties, shall seal the
voted ballots in containers furnished by the county auditor
and properly identified with his or her address with uniquely
prenumbered seals.
(2) At the counting center or the collection stations
where the sealed ballot containers are delivered by the designated representatives of the major political parties, the county
29A.44.050
[Title 29A RCW—page 60]
auditor or a designated representative of the county auditor
shall receive the sealed ballot containers, record the time,
date, precinct name or number, and seal number of each ballot container. [2003 c 111 § 1105. Prior: 1999 c 158 § 10;
1990 c 59 § 31; 1977 ex.s. c 361 § 72. Formerly RCW
29.54.037, 29.34.157.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
29A.44.060 Voting booths. The county auditor shall
provide in each polling place a sufficient number of voting
booths or voting devices along with any supplies necessary to
enable the voter to mark or register his or her choices on the
ballot and within which the voters may cast their votes in
secrecy. [2003 c 111 § 1106. Prior: 1999 c 158 § 4; 1994 c
57 § 51; 1990 c 59 § 35; 1965 c 9 § 29.48.010; prior: 1907 c
130 § 2, part; 1889 p 408 § 21, part; RRS § 5278, part. Formerly RCW 29.48.010.]
29A.44.060
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.44.070 Opening and closing polls. At all primaries and elections, general or special, in all counties the polls
must be kept open from seven o’clock a.m. to eight o’clock
p.m. All qualified electors who are at the polling place at
eight o’clock p.m., shall be allowed to cast their votes. [2003
c 111 § 1107. Prior: 1973 c 78 § 1; 1965 ex.s. c 101 § 13;
1965 c 9 § 29.13.080; prior: (i) 1921 c 61 § 7; RRS § 5149.
(ii) 1921 c 170 § 5; RRS § 5154. (iii) 1921 c 178 § 7; 1907 c
235 § 1; 1889 p 413 § 35; RRS § 5319. (iv) 1919 c 163 § 16,
part; 1907 c 209 § 17, part; RRS § 5194, part. Formerly
RCW 29.13.080.]
29A.44.070
District elections, hours, see particular districts.
Employer’s duty to provide time to vote: RCW 49.28.120.
29A.44.080 Polls open continuously—Announcement of closing. The polls for a precinct shall remain open
con tin uo us ly u n til the tim e sp ecified u nd er R CW
29A.44.070. At that time, the precinct election officers shall
announce that the polls for that precinct are closed. [2003 c
111 § 1108. Prior: 1990 c 59 § 50; 1965 c 9 § 29.51.240;
prior: 1919 c 163 § 16, part; 1907 c 209 § 17, part; RRS §
5194, part. Formerly RCW 29.51.240.]
29A.44.080
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.44.090 Double voting prohibited. A registered
voter shall not be allowed to vote in the precinct in which he
or she is registered at any election or primary for which that
voter has cast an absentee ballot. A registered voter who has
requested an absentee ballot for a primary or special or general election but chooses to vote at the voter’s precinct polling place in that primary or election shall cast a provisional
ballot. The canvassing board shall not count the ballot if it
finds that the voter has also voted by absentee ballot in that
primary or election. [2003 c 111 § 1109; 1987 c 346 § 13;
1965 c 9 § 29.36.050. Prior: 1955 c 167 § 6; prior: 1933
29A.44.090
(2008 Ed.)
Polling Place Elections and Poll Workers
29A.44.190
ex.s. c 41 § 4; 1921 c 143 § 5; RRS § 5284. Formerly RCW
29.51.185, 29.36.050.]
election officers. [2003 c 111 § 1112; 1977 ex.s. c 361 § 82.
Formerly RCW 29.48.035.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
PROCEDURES
29A.44.140 Voting and registration instructions and
information. (1) Each county auditor shall provide voting
and registration instructions, printed in large type, to be conspicuously displayed at each polling place and permanent
registration facility.
(2) The county auditor shall make information available
for deaf persons throughout the state by telecommunications.
[2003 c 111 § 1113. Prior: 1999 c 298 § 17; 1985 c 205 § 9.
Formerly RCW 29.57.130.]
29A.44.110 Delivery of supplies. No later than the day
before a primary or election, the county auditor shall provide
to the inspector or one of the judges of each precinct or to one
of the inspectors of a polling place where more than one precinct will be voting, all of the ballots, precinct lists of registered voters, and other supplies necessary for conducting the
election or primary. [2003 c 111 § 1110. Prior: 1990 c 59 §
36; 1977 ex.s. c 361 § 81; 1971 ex.s. c 202 § 40; 1965 c 9 §
29.48.030; prior: (i) 1921 c 178 § 8; Code 1881 § 3078; 1865
p 34 § 3; RRS § 5322. (ii) 1919 c 163 § 20, part; 1895 c 156
§ 9, part; 1889 p 411 § 28, part; RRS § 5293, part. (iii) 1907
c 209 § 20; RRS § 5196. (iv) 1913 c 138 § 29, part; RRS §
5425, part. (v) 1915 c 124 § 1; 1895 c 156 § 5; 1893 c 91 §
1; 1889 p 407 § 18; RRS § 5275. (vi) 1921 c 68 § 1, part;
RRS § 5320, part. (vii) 1895 c 156 § 6, part; 1889 p 407 § 20;
RRS § 5277, part. (viii) 1895 c 156 § 2, part; Code 1881 §
3074; 1865 p 32 § 8; RRS § 5164, part. (ix) 1905 c 39 § 1,
part; 1889 p 405 § 15, part; RRS § 5272, part. (x) 1935 c 20
§ 5, part; 1921 c 178 § 6, part; 1915 c 114 § 2, part; 1913 c 58
§ 7, part; RRS § 5306, part. (xi) 1854 p 67 § 16; No RRS.
(xii) 1854 p 67 § 17, part; No RRS. (xiii) 1915 c 114 § 7,
part; 1913 c 58 § 13, part; RRS § 5313, part. (xiv) 1915 c 14
§ 6, part; 1913 c 58 § 11, part; RRS § 5311, part. (xv) 1933 c
1 § 10, part; RRS § 5114-10, part. (xvi) Code 1881 § 3093,
part; RRS § 5338, part. (xvii) 1903 c 85 § 1, part; RRS §
3339, part. Formerly RCW 29.48.030.]
29A.44.110
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
29A.44.120 Delivery of precinct lists to polls. Upon
closing of the registration files preceding an election, the
county auditor shall deliver the precinct lists of registered
voters to the inspector or one of the judges of each precinct or
group of precincts located at the polling place before the polls
open. [2003 c 111 § 1111. Prior: 1994 c 57 § 19; 1971 ex.s.
c 202 § 21; 1965 c 9 § 29.07.170; prior: 1957 c 251 § 8; prior:
1933 c 1 § 10, part; RRS § 5114-10, part; prior: 1919 c 163
§ 11, part; 1915 c 16 § 13, part; 1905 c 171 § 4, part; 1889 p
417 § 13, part; RRS § 5131, part. Formerly RCW 29.07.170.]
29A.44.120
Severability—1994 c 57: See note following RCW 10.64.021.
29A.44.130 Additional supplies for paper ballots. In
precincts where votes are cast on paper ballots, the following
supplies, in addition to those specified in RCW 29A.44.110,
must be provided:
(1) Two tally books in which the names of the candidates
will be listed in the order in which they appear on the sample
ballots and in each case have the proper party designation at
the head thereof;
(2) Two certificates or two sample ballots prepared as
blanks, for recording of the unofficial results by the precinct
29A.44.130
(2008 Ed.)
29A.44.140
Effective dates—1985 c 205: See note following RCW 29A.16.140.
29A.44.150 Time for arrival of officers. The precinct
election officers for each precinct shall meet at the designated
polling place at the time set by the county auditor. [2003 c
111 § 1114. Prior: 1977 ex.s. c 361 § 80; 1965 c 9 §
29.48.020; prior: 1957 c 195 § 6; prior: 1913 c 58 § 12, part;
RRS § 5312, part. Formerly RCW 29.48.020.]
29A.44.150
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
29A.44.160 Inspection of voting equipment. Before
opening the polls for a precinct, the voting equipment shall be
inspected to determine if it has been properly prepared for
voting. If the voting equipment is capable of direct tabulation
of each voter’s choices, the precinct election officers shall
verify that no votes have been registered for any issue or
office to be voted on at that primary or election. Any ballot
box shall be carefully examined by the judges of election to
determine that it is empty. The ballot box shall then be sealed
or locked. The ballot box shall not be opened before the certification of the primary or election except in the manner and
for the purposes provided under this title. [2003 c 111 §
1115. Prior: 1990 c 59 § 37; 1965 c 9 § 29.48.070; prior:
1854 p 67 § 17, part; No RRS. Formerly RCW 29.48.070.]
29A.44.160
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.44.170 Flag. At all primaries and elections the flag
of the United States shall be conspicuously displayed in front
of each polling place. [2003 c 111 § 1116. Prior: 1965 c 9 §
29.48.090; prior: 1921 c 68 § 1, part; RRS § 5320, part. Formerly RCW 29.48.090.]
29A.44.170
29A.44.180 Opening the polls. The precinct election
officers, immediately before they start to issue ballots or permit a voter to vote, shall announce at the place of voting that
the polls for that precinct are open. [2003 c 111 § 1117.
Prior: 1990 c 59 § 38; 1965 c 9 § 29.48.100; prior: Code
1881 § 3077; 1865 p 34 § 2; RRS § 5321. Formerly RCW
29.48.100.]
29A.44.180
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.44.190 Voting devices—Periodic examination.
The precinct election officers shall periodically examine the
29A.44.190
[Title 29A RCW—page 61]
29A.44.201
Title 29A RCW: Elections
voting devices to determine if they have been tampered with.
[2003 c 111 § 1118. Prior: 1990 c 59 § 45; 1965 c 9 §
29.51.150; prior: 1915 c 114 § 7, part; 1913 c 58 § 13, part;
RRS § 5313, part. Formerly RCW 29.51.150.]
mation advising the voter how to ascertain whether the vote
was counted and, if applicable, the reason why the vote was
not counted. [2005 c 243 § 6.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.44.210 Signature required—Procedure if voter
unable to sign name. Any person desiring to vote at any primary or election is required to sign his or her name on the
appropriate precinct list of registered voters. If the voter registered using a mark, or can no longer sign his or her name,
the election officers shall require the voter to be identified by
another registered voter.
The precinct election officers shall then record the
voter’s name. [2003 c 111 § 1120; 1990 c 59 § 41; 1971 ex.s.
c 202 § 41; 1967 ex.s. c 109 § 9; 1965 ex.s. c 156 § 5; 1965 c
9 § 29.51.060. Prior: 1933 c 1 § 24; RRS § 5114-24. Formerly RCW 29.51.060.]
29A.44.201 Issuing ballot to voter—Challenge. A
voter desiring to vote shall give his or her name to the precinct election officer who has the precinct list of registered
voters. This officer shall announce the name to the precinct
election officer who has the copy of the inspector’s poll book
for that precinct. If the right of this voter to participate in the
primary or election is not challenged, the voter must be
issued a ballot or permitted to enter a voting booth or to operate a voting device. For a partisan primary in a jurisdiction
using the physically separate ballot format, the voter must be
issued a nonpartisan ballot and each party ballot. The number of the ballot or the voter must be recorded by the precinct
election officers. If the right of the voter to participate is
challenged, RCW 29A.08.810 and 29A.08.820 apply to that
voter. [2004 c 271 § 136.]
29A.44.201
Alternative forms of identification—Voting procedure: RCW 29A.08.113.
29A.44.210
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Forms, secretary of state to design—Availability to public: RCW
29A.08.850.
Poll books—As public records—Copies furnished, uses restricted: RCW
29A.08.720.
29A.44.221 Casting vote. On signing the precinct list
of registered voters or being issued a ballot, the voter shall,
without leaving the polling place or disability access location,
proceed to one of the voting booths or voting devices to cast
his or her vote. When county election procedures so provide,
the election officers may tear off and retain the numbered
stub from the ballot before delivering it to the voter. If an
election officer has not already done so, when the voter has
finished, he or she shall either (1) remove the numbered stub
from the ballot, place the ballot in the ballot box, and return
the number to the election officers, or (2) deliver the entire
ballot to the election officers, who shall remove the numbered stub from the ballot and place the ballot in the ballot
box. For a partisan primary in a jurisdiction using the physically separate ballot format, the voter shall also return
unvoted party ballots to the precinct election officers, who
shall void the unvoted party ballots and return them to the
county auditor. If poll-site ballot counting devices are used,
the voter shall put the ballot in the device. [2004 c 271 §
137.]
29A.44.221
29A.44.205 Identification required. Any person desiring to vote at any primary or election is required to provide
identification to the election officer before signing the poll
book. The identification required in this section can be satisfied by providing a valid photo identification, such as a
driver’s license or state identification card, student identification card, or tribal identification card, a voter’s voter identification issued by a county elections officer, or a copy of a current utility bill, bank statement, paycheck, or government
check or other government document. Any individual who
desires to vote in person but cannot provide identification as
required by this section shall be issued a provisional ballot.
The secretary of state may adopt rules to carry out this
section. [2005 c 243 § 7.]
29A.44.205
29A.44.207 Provisional ballots. Provisional ballots
must be issued, along with a provisional ballot outer envelope
and a security envelope, to voters as appropriate under RCW
29A.04.008. The provisional ballot outer envelope must
include a place for the voter’s name; registered address, both
present and former if applicable; date of birth; reason for the
provisional ballot; the precinct number and the precinct polling location at which the voter has voted; and a space for the
county auditor to list the disposition of the provisional ballot.
The provisional ballot outer envelope must also contain a
declaration as required for absentee ballot outer envelopes
under RCW 29A.40.091; a place for the voter to sign the
oath; and a summary of the applicable penalty provisions of
this chapter. The voter shall vote the provisional ballot in
secrecy and, when done, place the provisional ballot in the
security envelope, then place the security envelope into the
outer envelope, and return it to the precinct election official.
The election official shall ensure that the required information is completed on the outer envelope, have the voter sign it
in the appropriate space, and place the envelope in a secure
container. The official shall then give the voter written infor29A.44.207
[Title 29A RCW—page 62]
29A.44.225 Voter using electronic voting device. A
voter voting on an electronic voting device may not leave the
device during the voting process, except to request assistance
from the precinct election officers, until the voting process is
completed. [2005 c 242 § 4.]
29A.44.225
29A.44.231 Record of participation. As each voter
casts his or her vote, the precinct election officers shall insert
in the poll books or precinct list of registered voters opposite
that voter’s name, a notation to credit the voter with having
participated in that primary or election. No record may be
made of a voter’s party affiliation in a partisan primary. The
precinct election officers shall record the voter’s name so that
a separate record is kept. [2004 c 271 § 138.]
29A.44.231
No link between voter and ballot choice: RCW 29A.08.161.
(2008 Ed.)
Polling Place Elections and Poll Workers
29A.44.240 Disabled voters. (1) Voting shall be secret
except to the extent necessary to assist sensory or physically
disabled voters.
(2) If any voter declares in the presence of the election
officers that because of sensory or physical disability he or
she is unable to register or record his or her vote, he or she
may designate a person of his or her choice or two election
officers from opposite political parties to enter the voting
machine booth with him or her and record his or her vote as
he or she directs.
(3) A person violating this section is guilty of a misdemeanor. [2003 c 111 § 1123; 2003 c 53 § 180; 1981 c 34 § 1;
1965 ex.s. c 101 § 17; 1965 c 9 § 29.51.200. Prior: (i) 1915
c 114 § 7, part; 1913 c 58 § 13, part; RRS § 5313, part. (ii)
1947 c 35 § 1, part; 1889 p 412 § 33, part; Rem. Supp. 1947
§ 5298, part. Former law: 1901 c 135 § 6; 1889 p 410 § 26.
Formerly RCW 29.51.200.]
29A.44.240
Reviser’s note: This section was amended by 2003 c 53 § 180 and by
2003 c 111 § 1123, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Voters with disabilities, accessibility of polling places: Chapter 29A.16
RCW.
29A.44.250 Tabulation of paper ballots before close
of polls. (1) Paper ballots may be tabulated at the precinct
polling place before the closing of the polls. The tabulation
of ballots, paper or otherwise, shall be open to the public, but
no persons except those employed and authorized by the
county auditor may touch a ballot card or ballot container or
operate vote tallying equipment.
(2) The results of the tabulation of paper ballots at the
polls shall be delivered to the county auditor as soon as the
tabulation is complete. [2003 c 111 § 1124; 1990 c 59 § 54.
Formerly RCW 29.54.018.]
29A.44.250
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Divulging ballot count: RCW 29A.84.730.
29A.44.260 Voters in polling place at closing time. If
at the time of closing the polls, there are any voters in the
polling place who have not voted, they shall be allowed to
vote after the polls have been closed. [2003 c 111 § 1125.
Prior: 1990 c 59 § 51; 1965 c 9 § 29.51.250; prior: 1919 c
163 § 16, part; 1907 c 209 § 17, part; RRS § 5194, part. Formerly RCW 29.51.250.]
29A.44.260
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.44.265 Provisional ballot after polls close. (1)
An individual who votes in an election for federal office as a
result of a federal or state court order or any other order
extending the time for closing the polls, may vote in that election only by casting a provisional ballot. As to court orders
extending the time for closing the polls, this section does not
apply to any voters who were present in the polling place at
the statutory closing time and as a result are permitted to vote
under RCW 29A.44.070. This section does not, by itself,
authorize any court to order that any individual be permitted
29A.44.265
(2008 Ed.)
29A.44.310
to vote or to extend the time for closing the polls, but this section is intended to comply with 42 U.S.C. Sec. 15482(c) with
regard to federal elections.
(2) Any ballot cast under subsection (1) of this section
must be separated and held apart from other provisional ballots cast by those not affected by the order. [2004 c 267 §
501.]
Effective dates—2004 c 267: See note following RCW 29A.08.651.
29A.44.270 Unused ballots. At each precinct immediately after the last qualified voter has cast his or her vote, the
precinct election officers shall render unusable and secure in
a container all unused ballots for that precinct and return
them to the county auditor. [2003 c 111 § 1126; 1990 c 59 §
52; 1977 ex.s. c 361 § 84; 1965 ex.s. c 101 § 6; 1965 c 9 §
29.54.010. Prior: 1893 c 91 § 2; RRS § 5332. Formerly
RCW 29.54.010.]
29A.44.270
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
29A.44.280 Duties of election officers after unused
ballots secure. Immediately after the unused ballots are
secure, the precinct election officers shall count the number
of voted ballots and make a record of any discrepancy
between this number and the number of voters who signed
the poll book for that precinct or polling place, complete the
certifications in the poll book, prepare the ballots for transfer
to the counting center if necessary, and seal the voting
devices. [2003 c 111 § 1127; 1990 c 59 § 53. Formerly RCW
29.54.015.]
29A.44.280
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.44.290 Return of precinct lists after election—
Public records. The precinct list of registered voters for
each precinct or group of precincts delivered to the precinct
election officers for use on the day of an election held in that
precinct shall be returned by them to the county auditor upon
the completion of the count of the votes cast in the precinct at
that election. While in possession of the county auditor they
shall be open to public inspection under such reasonable rules
and regulations as may be prescribed therefor. [2003 c 111 §
1128. Prior: 1994 c 57 § 20; 1971 ex.s. c 202 § 22; 1965 c 9
§ 29.07.180; prior: 1933 c 1 § 8, part; RRS § 5114-8, part;
prior: 1919 c 163 § 7, part; 1915 c 16 § 7, part; 1905 c 171 §
3, part; 1901 c 135 § 3, part; 1893 c 45 § 2, part; 1889 p 415
§ 7, part; RRS § 5125, part. Formerly RCW 29.07.180.]
29A.44.290
Severability—1994 c 57: See note following RCW 10.64.021.
POLL-SITE BALLOT COUNTING DEVICES
29A.44.310 Initialization. In precincts where poll-site
ballot counting devices are used the election officers, before
initializing the device for voting, shall proceed as follows:
(1) They shall see that the device is placed where it can
be conveniently attended by the election officers and conveniently operated by the voters;
(2) They shall see whether the number or other designating mark on the device’s seal agrees with the control number
29A.44.310
[Title 29A RCW—page 63]
29A.44.320
Title 29A RCW: Elections
provided by the elections department. If they do not agree
they shall at once notify the elections department and delay
initializing the device. The polls may be opened pending
reexamination of the device;
(3) If the numbers do agree, they shall proceed to initialize the device and see whether the public counter registers
"000." If the counter is found to register a number other than
"000," one of the judges shall at once set the counter at "000"
and confirm that the ballot box is empty;
(4) Before processing any ballots through a poll-site ballot counting device a zero report must be produced. The
inspector and at least one of the judges shall carefully verify
that zero ballots have been run through the poll-site ballot
counting device and that all vote totals for each office are
zero. If the totals are not zero, the inspector shall either reset
the device to zero or contact the elections department to reset
the device and allow voting to continue using the auxiliary or
emergency device. [2003 c 111 § 1129. Prior: 1999 c 158 §
6; 1965 c 9 § 29.48.080; prior: 1957 c 195 § 7; prior: 1913 c
58 § 12, part; RRS § 5312, part. Formerly RCW 29.48.080.]
29A.44.320 Delivery and sealing. Whenever poll-site
ballot counting devices are used, the devices may either be
included with the supplies required in RCW 29A.44.110 or
they may be delivered to the polling place separately. All
poll-site ballot counting devices must be sealed with a unique
numbered seal at the time of final preparation and logic and
accuracy testing. A log must be made of all seal numbers and
device numbers used. [2003 c 111 § 1130. Prior: 1999 c 158
§ 5. Formerly RCW 29.48.045.]
29A.44.320
29A.44.330 Memory packs. The programmed memory
pack for each poll-site ballot counting device must be sealed
into the device during final preparation and logic and accuracy testing. Except in the case of a device breakdown, the
memory pack must remain sealed in the device until after the
polls have closed and all reports and telephonic or electronic
transfer of results are completed. After all reporting is complete the precinct election officers responsible for transferring the sealed voted ballots under RCW 29A.60.110 shall
ensure that the memory pack is returned to the elections
department. If the entire poll-site ballot counting device is
returned, the memory pack must remain sealed in the device.
If the poll-site ballot counting device is to remain at the polling place, the precinct election officer shall break the seal on
the device and remove the memory pack and seal and return
it along with the irregularly voted ballots and special ballots
to the elections department on election day. [2003 c 111 §
1131. Prior: 1999 c 158 § 11. Formerly RCW 29.54.093.]
29A.44.330
Results from poll-site ballot counting devices: RCW 29A.60.060.
29A.44.340 Incorrectly marked ballots. Each pollsite ballot counting device must be programmed to return all
blank ballots and overvoted ballots to the voter for private
reexamination. The election officer shall take whatever steps
are necessary to ensure that the secrecy of the ballot is maintained. The precinct election officer shall provide information and instruction on how to properly mark the ballot. The
voter may remark the original ballot, may request a new ballot under RCW 29A.44.040, or may choose to complete a
29A.44.340
[Title 29A RCW—page 64]
special ballot envelope and return the ballot as a special ballot. [2003 c 111 § 1132. Prior: 1999 c 158 § 7. Formerly
RCW 29.51.115.]
29A.44.350 Failure of device. If a poll-site ballot
counting device fails to operate at any time during polling
hours or disability access voting hours, voting must continue,
and the ballots must be deposited for later tabulation in a
secure ballot compartment separate from the tabulated ballots. [2004 c 267 § 320; 2003 c 111 § 1133. Prior: 1999 c
158 § 8. Formerly RCW 29.51.155.]
29A.44.350
Effective dates—2004 c 267: See note following RCW 29A.08.651.
POLL WORKERS
29A.44.410 Appointment of judges and inspector.
(1) At least ten days prior to any primary or election, general
or special, the county auditor shall appoint one inspector and
two judges of election for each precinct (or each combination
of precincts temporarily consolidated as a single precinct for
that primary or election), other than those precincts designated as v ote-b y-m ail p recin cts p urs uant to RCW
29A.48.010. Except as provided in subsection (3) of this section, the persons appointed shall be among those whose
names are contained on the lists furnished under RCW
29A.44.430 by the chairpersons of the county central committees of the political parties entitled to representation
thereon. Such precinct election officers, whenever possible,
should be residents of the precinct in which they serve.
(2) The county auditor may delete from the lists of
names submitted to the auditor by the chairpersons of the
county central committees under RCW 29A.44.430: (a) The
names of those persons who indicate to the auditor that they
cannot or do not wish to serve as precinct election officers for
the primary or election or who otherwise cannot so serve; and
(b) the names of those persons who lack the ability to conduct
properly the duties of an inspector or judge of election after
training in that proper conduct has been made available to
them by the auditor. The lists which are submitted to the
auditor in a timely manner under RCW 29A.44.430, less the
deletions authorized by this subsection, constitute the official
nomination lists for inspectors and judges of election.
(3) If the number of persons whose names are on the official nomination list for a political party is not sufficient to satisfy the requirements of subsection (4) of this section as it
applies to that political party or is otherwise insufficient to
provide the number of precinct election officials required
from that political party, the auditor shall notify the chair of
the party’s county central committee regarding the deficiency. The chair may, within five business days of being
notified by the auditor, add to the party’s nomination list the
names of additional persons belonging to that political party
who are qualified to serve on the election boards. To the
extent that, following this procedure, the number of persons
whose names appear on the official nomination lists of the
political parties is insufficient to provide the number of election inspectors and judges required for a primary or election,
the auditor may appoint a properly trained person whose
name does not appear on such a list as an inspector or judge
of election for a precinct.
29A.44.410
(2008 Ed.)
Polling Place Elections and Poll Workers
(4) The county auditor shall designate the inspector and
one judge in each precinct from that political party which
polled the highest number of votes in the county for its candidate for president at the last preceding presidential election
and one judge from that political party polling the next highest number of votes in the county for its candidate for president at the same election. The provisions of this subsection
apply only if the number of names on the official nomination
list for inspectors and judges of election for a political party
is sufficient to satisfy the requirements imposed by this subsection.
(5) Except as provided in RCW 29A.44.440 for the filling of vacancies, this shall be the exclusive method for the
appointment of inspectors and judges to serve as precinct
election officers at any primary or election, general or special, and shall supersede the provisions of any and all other
statutes, whether general or special in nature, having different
requirements. [2003 c 111 § 1134; 1991 c 106 § 1; 1983 1st
ex.s. c 71 § 7; 1965 ex.s. c 101 § 1; 1965 c 9 § 29.45.010.
Prior: (i) 1935 c 165 § 2, part; RRS § 5147-1, part. (ii) Code
1881 § 3068, part; 1865 p 30 § 2, part; RRS § 5158, part. (iii)
1907 c 209 § 15, part; RRS § 5192, part. (iv) 1895 c 156 § 6,
part; 1889 p 407 § 20, part; RRS § 5277, part. (v) 1947 c 182
§ 1, part; Rem. Supp. 1947 § 5166-10, part; prior: 1945 c 164
§ 3, part; 1941 c 180 § 1, part; 1935 c 5 § 1, part; 1933 ex.s. c
29 § 1, part; prior: 1933 c 79 § 1, part; 1927 c 279 § 2, part;
1923 c 53 § 3, part; 1921 c 61 § 5, part; Rem. Supp. 1945 §
5147, part. Formerly RCW 29.45.010.]
29A.44.420 Appointment of clerks—Party representation—Hour to report. At the same time the officer having
jurisdiction of the election appoints the inspector and two
judges as provided in RCW 29A.44.410, he or she may
appoint one or more persons to act as clerks if in his or her
judgment such additional persons are necessary, except that
in precincts in which voting machines are used, the judges of
election shall perform the duties required to be performed by
clerks.
Each clerk appointed shall represent a major political
party. The political party representation of a single set of precinct election officers shall, whenever possible, be equal but,
in any event, no single political party shall be represented by
more than a majority of one at each polling place.
The election officer having jurisdiction of the election
may designate at what hour the clerks shall report for duty.
The hour may vary among the precincts according to the
judgment of the appointing officer. [2003 c 111 § 1135; 1965
ex.s. c 101 § 2; 1965 c 9 § 29.45.020. Prior: 1955 c 168 § 4;
prior: (i) 1915 c 114 § 4, part; 1913 c 58 § 9, part; RRS §
5308, part. (ii) 1895 c 156 § 1, part; Code 1881 § 3069, part;
1865 p 31 § 3, part; RRS § 5159, part. Formerly RCW
29.45.020.]
29A.44.420
29A.44.430 Nomination. The precinct committee
officer of each major political party shall certify to the
officer’s county chair a list of those persons belonging to the
officer’s political party qualified to act upon the election
board in the officer’s precinct.
By the first day of June each year, the chair of the county
central committee of each major political party shall certify
29A.44.430
(2008 Ed.)
29A.44.450
to the officer having jurisdiction of the election a list of those
persons belonging to the county chair’s political party in each
precinct who are qualified to act on the election board
therein.
The county chair shall compile this list from the names
certified by the various precinct committee officers unless no
names or not a sufficient number of names have been certified from a precinct, in which event the county chair may
include therein the names of qualified members of the county
chair’s party selected by the county chair. The county chair
shall also have the authority to substitute names of persons
recommended by the precinct committee officers if in the
judgment of the county chair such persons are not qualified to
serve as precinct election officers. [2003 c 111 § 1136; 1991
c 106 § 2; 1987 c 295 § 16; 1965 ex.s. c 101 § 3; 1965 c 9 §
29.45.030. Prior: (i) 1907 c 209 § 15, part; RRS § 5192, part.
(ii) 1935 c 165 § 2, part; RRS § 5147-1, part. Formerly
RCW 29.45.030.]
29A.44.440 Vacancies—How filled—Inspector’s
authority. If no election officers have been appointed for a
precinct, or if at the hour for opening the polls none of those
appointed is present at the polling place therein, the voters
present may appoint the election board for that precinct. One
of the judges may perform the duties of clerk of election. The
inspector shall have the power to fill any vacancy that may
occur in the board of judges, or by absence or refusal to serve
of either of the clerks after the polls shall have been opened.
[2003 c 111 § 1137. Prior: 1965 c 9 § 29.45.040; prior: (i)
Code 1881 § 3075, part; 1865 p 32 § 9, part; RRS § 5165,
part. (ii) Code 1881 § 3068, part; 1865 p 30 § 2, part; RRS §
5158, part. (iii) 1907 c 209 § 15, part; RRS § 5192, part. Formerly RCW 29.45.040.]
29A.44.440
29A.44.450 One set of precinct election officers,
exceptions—Counting board—Receiving board. There
shall be but one set of election officers at any one time in each
precinct except as provided in this section.
In every precinct using paper ballots having two hundred
or more registered voters there shall be appointed, and in
every precinct having less than two hundred registered voters
there may be appointed, at a state primary or state general
election, two or more sets of precinct election officers as provided in RCW *29A.04.215 and 29A.44.410. The officer in
charge of the election may appoint one or more counting
boards at his or her discretion, when he or she decides that
because of a long or complicated ballot or because of the
number of expected voters, there is need of additional counting board or boards to improve the speed and accuracy of the
count.
In making such appointments, one or more sets of precinct election officers shall be designated as the counting
board or boards, the first of which shall consist of an inspector, two judges, and a clerk and the second set, if activated,
shall consist of two judges and two clerks. The duties of the
counting board or boards shall be the count of ballots cast and
the return of the election records and supplies to the officer
having jurisdiction of the election.
One set of precinct election officers shall be designated
as the receiving board which shall have all other powers and
29A.44.450
[Title 29A RCW—page 65]
29A.44.460
Title 29A RCW: Elections
duties imposed by law for such elections. Nothing in this section prevents the county auditor from appointing relief or
replacement precinct election officers at any time during
election day. Relief or replacement precinct election officers
must be of the same political party as the officer they are
relieving or replacing. [2003 c 111 § 1138; 1994 c 223 § 91;
1973 c 102 § 2; 1965 ex.s. c 101 § 4; 1965 c 9 § 29.45.050.
Prior: 1955 c 148 § 2; prior: (i) 1923 c 53 § 4, part; 1921 c
61 § 6, part; RRS § 5148, part. (ii) 1921 c 170 § 4, part; RRS
§ 5153, part. Formerly RCW 29.45.050.]
*Reviser’s note: RCW 29A.04.215 was repealed by 2004 c 271 § 193.
Later enactment, see RCW 29A.04.216.
29A.44.460 Duties—Generally. The inspector and
judges of election in each precinct shall conduct the elections
therein and receive, deposit, and count the ballots cast thereat
and make returns to the proper canvassing board or officer
except that when two or more sets of precinct election officers are appointed as provided in RCW 29A.44.450, the ballots shall be counted by the counting board or boards as provided in RCW 29A.44.250, 29A.44.280, and 29A.84.730.
[2003 c 111 § 1139. Prior: 1990 c 59 § 74; 1973 c 102 § 3;
1965 ex.s. c 101 § 5; 1965 c 9 § 29.45.060; prior: 1955 c 148
§ 3; prior: (i) 1923 c 53 § 4, part; 1921 c 61 § 6, part; RRS §
5148, part. (ii) 1921 c 170 § 4, part; RRS § 5153, part. Formerly RCW 29.45.060.]
29A.44.460
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.44.470 Application to other primaries or elections. All of the provisions of RCW 29A.44.450 and
29A.44.460 relating to counting boards may be applied on an
optional basis to any other primary or election, regular or special, at the discretion of the officer in charge of the election.
[2003 c 111 § 1140. Prior: 1973 c 102 § 5. Formerly RCW
29.45.065.]
29A.44.470
29A.44.480 Inspector as chair—Authority. The
inspector shall be the chair of the board and after its organization administer all necessary oaths that may be required in
the progress of the election. [2003 c 111 § 1141; 1965 c 9 §
29.45.070. Prior: Code 1881 § 3075, part; 1865 p 32 § 9,
part; RRS § 5165, part. Formerly RCW 29.45.070.]
29A.44.480
29A.44.490 Oaths of officers required. The inspector,
judges, and clerks of election, before entering upon the duties
of their offices, shall take and subscribe the prescribed oath
or affirmation which shall be administered to them by any
person authorized to administer oaths and verified under the
hand of the person by whom such oath or affirmation is
administered. If no such person is present, the inspector shall
administer the same to the judges and clerks, and one of the
judges shall administer the oath to the inspector.
The county auditor shall furnish two copies of the proper
form of oath to each precinct election officer, one copy
thereof, after execution, to be placed and transmitted with the
election returns. [2003 c 111 § 1142. Prior: 1965 c 9 §
29.45.080; prior: (i) Code 1881 § 3070; 1865 p 31 § 4; RRS
§ 5160. (ii) 1895 c 156 § 2, part; Code 1881 § 3074, part;
1865 p 32 § 8, part; RRS § 5164, part. Formerly RCW
29.45.080.]
29A.44.490
[Title 29A RCW—page 66]
29A.44.500 Oath of inspectors, form. The following
shall be the form of the oath or affirmation to be taken by
each inspector:
"I, A B, do swear (or affirm) that I will duly attend to the
ensuing election, during the continuance thereof, as an
inspector, and that I will not receive any ballot or vote from
any person other than such as I firmly believe to be entitled to
vote at such election, without requiring such evidence of the
right to vote as is directed by law; nor will I vexatiously delay
the vote of, or refuse to receive, a ballot from any person
whom I believe to be entitled to vote; but that I will in all
things truly, impartially, and faithfully perform my duty
therein to the best of my judgment and abilities; and that I am
not, directly nor indirectly, interested in any bet or wager on
the result of this election." [2003 c 111 § 1143. Prior: 1965
c 9 § 29.45.090; prior: Code 1881 § 3071; 1865 p 31 § 5;
RRS § 5161. Formerly RCW 29.45.090.]
29A.44.500
29A.44.510 Oath of judges, form. The following shall
be the oath or affirmation of each judge:
"We, A B, do swear (or affirm) that we will as judges
duly attend the ensuing election, during the continuance
thereof, and faithfully assist the inspector in carrying on the
same; that we will not give our consent to the receipt of any
vote or ballot from any person, other than one whom we
firmly believe to be entitled to vote at such election; and that
we will make a true and perfect return of the said election and
will in all things truly, impartially, and faithfully perform our
duty respecting the same to the best of our judgment and abilities; and that we are not directly nor indirectly interested in
any bet or wager on the result of this election." [2003 c 111
§ 1144. Prior: 1965 c 9 § 29.45.100; prior: Code 1881 §
3072; 1865 p 31 § 6; RRS § 5162. Formerly RCW
29.45.100.]
29A.44.510
29A.44.520 Oath of clerks, form. The following shall
be the form of the oath to be taken by the clerks:
"We, and each of us, A B, do swear (or affirm) that we
will impartially and truly write down the name of each elector
who votes at the ensuing election, and also the name of the
county and precinct wherein the elector resides; that we will
carefully and truly write down the number of votes given for
each candidate at the election as often as his name is read to
us by the inspector and in all things truly and faithfully perform our duty respecting the same to the best of our judgment
and abilities, and that we are not directly nor indirectly interested in any bet or wager on the result of this election." [2003
c 111 § 1145. Prior: 1965 c 9 § 29.45.110; prior: Code 1881
§ 3073; 1865 p 32 § 7; RRS § 5163. Formerly RCW
29.45.110.]
29A.44.520
29A.44.530 Compensation. The fees of officers of
election shall be as follows:
To the judges and clerks of an election not less than the
minimum hourly wage per hour as provided under RCW
49.46.020, the exact amount to be fixed by the respective
boards of county commissioners for each county. To inspectors, the rate paid to judges and clerks plus an additional two
hours’ compensation. The precinct election officer picking
up the election supplies and returning the election returns to
the county auditor shall be entitled to additional compensa29A.44.530
(2008 Ed.)
Voting by Mail
tion, the exact amount to be determined by the respective
boards of county commissioners for each county. [2003 c
111 § 1146; 1971 ex.s. c 124 § 2; 1965 c 9 § 29.45.120. Prior:
1961 c 43 § 1; 1951 c 67 § 1; 1945 c 186 § 1; 1919 c 163 §
13; 1895 c 20 § 1; Code 1881 § 3151; 1866 p 8 § 9; 1865 p 52
§ 12; Rem. Supp. 1945 § 5166. See also 1907 c 209 § 15;
RRS § 5192. Formerly RCW 29.45.120.]
Severability—1971 ex.s. c 124: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 ex.s. c 124 § 3.]
Chapter 29A.46
Chapter 29A.46 RCW
DISABILITY ACCESS VOTING
Sections
29A.46.010
29A.46.020
29A.46.030
29A.46.110
29A.46.120
29A.46.130
29A.46.260
"Disability access voting location."
"Disability access voting period."
"In-person disability access voting."
When allowed—Multiple voting prevention.
Locations and hours.
Compliance with federal and state requirements.
Vote by mail impacts on voters with disabilities—Mitigation—Advisory committee, plan.
29A.46.010 "Disability access voting location." "Disability access voting location" means a location designated
by the county auditor for the conduct of in-person disability
access voting. [2004 c 267 § 301.]
29A.46.010
Effective dates—2004 c 267: See note following RCW 29A.08.651.
29A.46.020 "Disability access voting period." "Disability access voting period" means the period of time starting twenty days before an election until the day of the election. [2006 c 207 § 5; 2004 c 267 § 302.]
29A.46.020
Effective dates—2004 c 267: See note following RCW 29A.08.651.
29A.46.030 "In-person disability access voting." "Inperson disability access voting" means a procedure in which
a voter may come in person to a disability access location and
cast a ballot during the disability access voting period. [2004
c 267 § 303.]
29A.46.030
Effective dates—2004 c 267: See note following RCW 29A.08.651.
29A.46.110 When allowed—Multiple voting prevention. In-person disability access voting must be available
starting twenty days before the day of a primary or election
and ending the day of the election. During this period, the
county auditor must make available a voting system certified
by the secretary of state for disability access. The auditor
shall maintain a system or systems to prevent multiple voting.
[2006 c 207 § 6; 2004 c 267 § 304.]
29A.46.110
Chapter 29A.48
conducted using disability access voting devices at locations
that are acceptable and comply with federal and state access
requirements. [2004 c 267 § 306.]
Effective dates—2004 c 267: See note following RCW 29A.08.651.
29A.46.260 Vote by mail impacts on voters with disabilities—Mitigation—Advisory committee, plan. (1) The
legislature finds that the elimination of polling places resulting from the transition to vote by mail creates barriers that
restrict the ability of many voters with disabilities from
achieving the independence and privacy in voting provided
by the accessible voting devices required under the help
America vote act. Counties adopting a vote by mail system
must take appropriate steps to mitigate these impacts and to
address the obligation to provide voters with disabilities an
equal opportunity to vote independently and privately, to the
extent that this can be achieved without incurring undue
administrative and financial burden.
(2) Each county shall establish and maintain an advisory
committee that includes persons with diverse disabilities and
persons with expertise in providing accommodations for persons with disabilities. The committee shall assist election
officials in developing a plan to identify and implement
changes to improve the accessibility of elections for voters
with disabilities. The plan shall include recommendations for
the following:
(a) The number of polling places that will be maintained
in order to ensure that people with disabilities have reasonable access to accessible voting devices, and a written explanation for how the determination was made;
(b) The locations of polling places, drop-off facilities,
voting centers, and other election-related functions necessary
to maximize accessibility to persons with disabilities;
(c) Outreach to voters with disabilities on the availability
of disability accommodation, including in-person disability
access voting;
(d) Transportation of voting devices to locations convenient for voters with disabilities in order to ensure reasonable
access for voters with disabilities; and
(e) Implementation of the provisions of the help America
vote act related to persons with disabilities.
Counties must update the plan at least annually. The
election review staff of the secretary of state shall review and
evaluate the plan in conformance with the review procedure
identified in RCW 29A.04.570.
(3) Counties may form a joint advisory committee to
develop the plan identified in subsection (2) of this section if
the total population of the joining counties does not exceed
thirty thousand, and the counties are geographically adjacent.
[2006 c 207 § 7.]
29A.46.260
Effective dates—2004 c 267: See note following RCW 29A.08.651.
Chapter 29A.48
29A.46.120 Locations and hours. The county auditor
has sole discretion for determining locations within the
county and operating hours for disability access voting locations. [2004 c 267 § 305.]
29A.46.120
Effective dates—2004 c 267: See note following RCW 29A.08.651.
29A.46.130 Compliance with federal and state
requirements. In-person disability access voting must be
29A.46.130
(2008 Ed.)
Chapter 29A.48 RCW
VOTING BY MAIL
Sections
29A.48.010
29A.48.020
29A.48.030
29A.48.040
29A.48.050
29A.48.060
Mail ballot counties and precincts.
Special elections.
Odd-year primaries.
Depositing ballots—Replacement ballots.
Return of voted ballot.
Ballot contents—Counting.
[Title 29A RCW—page 67]
29A.48.010
Title 29A RCW: Elections
29A.48.010 Mail ballot counties and precincts. (1)
With express authorization from the county legislative
authority, the county auditor may conduct all primary, special, and general elections entirely by mail ballot. The county
legislative authority must give the county auditor at least
ninety days’ notice before the first election to be conducted
entirely by mail ballot. If the county legislative authority and
the county auditor decide to return to a polling place election
environment, the county legislative authority must give the
county auditor at least one hundred eighty days’ notice before
the first election to be conducted using polling places.
Authorization under this subsection must apply to all primary, special, and general elections conducted by the county
auditor.
(2) The county auditor may designate any precinct having fewer than two hundred active registered voters at the
time of closing of voter registration as provided in RCW
29A.08.140 as a mail ballot precinct. Authorization from the
county legislative authority is not required to designate a precinct as a mail ballot precinct under this subsection. In determining the number of registered voters in a precinct for the
purposes of this section, persons who are ongoing absentee
voters under RCW 29A.40.040 shall not be counted. Nothing
in this section may be construed as altering the vote tallying
requirements of RCW 29A.60.230.
(3) The county auditor shall notify each registered voter
by mail that for all future primaries and elections the voting
will be by mail ballot only. The auditor shall mail each active
voter a ballot at least eighteen days before a primary, general
election, or special election. The auditor shall send each
inactive voter either a ballot or an application to receive a ballot at least eighteen days before a primary, general election,
or special election. The auditor shall determine which of the
two is to be sent. If the inactive voter returns a voted ballot,
the ballot shall be counted and the voter’s status restored to
active. If the inactive voter completes and returns an application, a ballot shall be sent and the voter’s status restored to
active. The requirements regarding certification, reporting,
and the mailing of overseas and military ballots in RCW
29A.40.070 apply to elections conducted by mail ballot.
(4) If the county legislative authority and county auditor
determine under subsection (1) of this section, or if the
county auditor determines under subsection (2) of this section, to return to a polling place election environment, the
auditor shall notify each registered voter, by mail, of this and
shall provide the address of the polling place to be used.
[2005 c 241 § 1; 2004 c 266 § 14. Prior: 2003 c 162 § 3; 2003
c 111 § 1201; prior: 2001 c 241 § 15; prior: 1994 c 269 § 1;
1994 c 57 § 48; 1993 c 417 § 1; 1983 1st ex.s. c 71 § 1; 1974
ex.s. c 35 § 2; 1967 ex.s. c 109 § 6. Formerly RCW
29.38.010, 29.36.120.]
29A.48.010
Effective date—2004 c 266: See note following RCW 29A.04.575.
Policy—2003 c 162: See note following RCW 29A.40.070.
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29A.48.020 Special elections. At any nonpartisan special election not being held in conjunction with a state primary or general election, the county, city, town, or district
requesting the election pursuant to RCW *29A.04.320 or
29A.04.330 may also request that the special election be con29A.48.020
[Title 29A RCW—page 68]
ducted by mail ballot. The county auditor may honor the
request or may determine that the election is not to be conducted by mail ballot. The decision of the county auditor in
this regard is final.
For all special elections not being held in conjunction
with a state primary or state general election where voting is
conducted by mail ballot, the county auditor shall, not less
than eighteen days before the date of such election, mail to
each registered voter a mail ballot. The auditor shall handle
inactive voters in the same manner as inactive voters in mail
ballot precincts. The requirements regarding certification,
reporting, and the mailing of overseas and military ballots in
**RCW 29.36.270 apply to mail ballot elections. [2004 c
266 § 15. Prior: 2003 c 162 § 4; 2003 c 111 § 1202; prior:
2001 c 241 § 16; 1994 c 57 § 49; 1993 c 417 § 2. Formerly
RCW 29.38.020, 29.36.121.]
Reviser’s note: *(1) RCW 29A.04.320 was repealed by 2004 c 271 §
193. Later enactment, see RCW 29A.04.321.
**(2) RCW 29.36.270 was recodified as RCW 29A.40.070 by 2003 c
111 § 2401.
Effective date—2004 c 266: See note following RCW 29A.04.575.
Policy—2003 c 162: See note following RCW 29A.40.070.
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29A.48.030 Odd-year primaries. In an odd-numbered
year, the county auditor may conduct a primary or a special
election by mail ballot concurrently with the primary:
(1) For an office or ballot measure of a special purpose
district that is entirely within the county;
(2) For an office or ballot measure of a special purpose
district that lies in the county and one or more other counties
if the auditor first secures the concurrence of the county auditors of those other counties to conduct the primary in this
manner district-wide; and
(3) For a ballot measure or nonpartisan office of a
county, city, or town if the auditor first secures the concurrence of the legislative authority of the county, city, or town
involved.
The county auditor shall notify an election jurisdiction
for which a primary is to be held that the primary will be conducted by mail ballot.
A primary in an odd-numbered year may not be conducted by mail ballot in a precinct with two hundred or more
active registered voters if a partisan office or state office or
state ballot measure is to be voted upon at that primary in the
precinct.
To the extent they are not inconsistent with other provisions of law, the laws governing the conduct of mail ballot
special elections apply to nonpartisan primaries conducted by
mail ballot. [2003 c 111 § 1203. Prior: 2001 c 241 § 17.
Formerly RCW 29.38.030.]
29A.48.030
29A.48.040 Depositing ballots—Replacement ballots. (1) If a county auditor conducts an election by mail, the
county auditor shall designate one or more places for the
deposit of ballots not returned by mail. The places designated under this section shall be open on the date of the election for a period of thirteen hours, beginning at 7:00 a.m. and
ending at 8:00 p.m.
29A.48.040
(2008 Ed.)
Primaries and Elections
(2) A registered voter may obtain a replacement ballot as
provided in this subsection. A voter may request a replacement mail ballot in person, by mail, by telephone, or by other
electronic transmission for himself or herself and for any
member of his or her immediate family. The request must be
received by the auditor before 8:00 p.m. on election day. The
county auditor shall keep a record of each replacement ballot
issued, including the date of the request. Replacement mail
ballots may be counted in the final tabulation of ballots only
if the original ballot is not received by the county auditor and
the replacement ballot meets all requirements for tabulation
necessary for the tabulation of regular mail ballots. [2003 c
111 § 1204; 2001 c 241 § 18; 1983 1st ex.s. c 71 § 3. Formerly RCW 29.38.040, 29.36.124.]
29A.48.050 Return of voted ballot. The voter shall
return the ballot to the county auditor in the return identification envelope. If mailed, a ballot must be postmarked not
later than the date of the primary or election. Otherwise, the
ballot must be deposited at the office of the county auditor or
the designated place of deposit not later than 8:00 p.m. on the
date of the primary or election. All personnel assigned to verify signatures on the return envelope must receive training on
statewide standards for signature verification. [2006 c 206 §
8; 2003 c 111 § 1205. Prior: 2001 c 241 § 19; 1993 c 417 §
4; 1983 1st ex.s. c 71 § 4. Formerly RCW 29.38.050,
29.36.126.]
29A.48.050
29A.48.060 Ballot contents—Counting. All mail ballots authorized by RCW 29A.48.010, 29A.48.020, or
29A.48.030 must contain the same offices, names of nominees or candidates, and propositions to be voted upon, including precinct offices, as if the ballot had been voted in person
at the polling place. Except as otherwise provided by law,
mail ballots must be treated in the same manner as absentee
ballots issued at the request of the voter. If electronic vote
tallying devices are used, political party observers must be
given the opportunity to be present, and a test of the equipment must be performed as required by RCW 29A.12.130
before tabulating ballots. Political party observers may select
at random ballots to be counted manually as provided by
RCW 29A.60.170. [2003 c 111 § 1206; 2001 c 241 § 20;
1993 c 417 § 5; 1990 c 59 § 76; 1983 1st ex.s. c 71 § 5; 1967
ex.s. c 109 § 7. Formerly RCW 29.38.060, 29.36.130.]
29A.48.060
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Chapter 29A.52
Chapter 29A.52 RCW
PRIMARIES AND ELECTIONS
29A.52.141
29A.52.151
29A.52.161
29A.52.011
Instructions.
Ballot format—Procedures.
One vote.
NONPARTISAN PRIMARIES
29A.52.210
29A.52.220
29A.52.231
29A.52.240
Local primaries.
When no local primary permitted—Procedure—Expiration
of subsection.
Nonpartisan offices specified.
Special election to fill unexpired term.
NOTICES AND CERTIFICATES
29A.52.311
29A.52.321
29A.52.330
29A.52.340
29A.52.351
29A.52.360
29A.52.370
Notice of primary.
Certification of nominees.
Constitutional amendments and state measures—Notice
method.
Constitutional amendments and state measures—Notice contents.
Notice of election.
Ceremonial certificates of election to officers elected in single county or less.
Certificates of election to other officers.
No link between voter and ballot choice: RCW 29A.08.161.
GENERAL
29A.52.010
29A.52.010 Elections to fill unexpired term—No primary, when.
Whenever it shall be necessary to hold a special election in an odd-numbered
year to fill an unexpired term of any office which is scheduled to be voted
upon for a full term in an even-numbered year, no primary election shall be
held in the odd-numbered year if, after the last day allowed for candidates to
withdraw, no more than two candidates have filed a declaration of candidacy
for a single office to be filled.
In this event, the officer with whom the declarations of candidacy were
filed shall immediately notify all candidates concerned and the names of the
candidates that would have been printed upon the primary ballot, but for the
provisions of this section, shall be printed as candidates for the positions
sought upon the general election ballot. [2005 c 2 § 13 (Initiative Measure
No. 872, approved November 2, 2004); 2003 c 111 § 1301. Prior: 1973 c 4
§ 3. Formerly RCW 29.15.150, 29.13.075.]
Reviser’s note: (1) RCW 29A.52.010 was amended by 2005 c 2 § 13
(Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271
§ 193. For rule of construction, see RCW 1.12.025.
(2) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
Short title—Intent—Contingent effective date—2005 c 2 (Initiative
Measure No. 872): See notes following RCW 29A.52.112.
29A.52.010
29A.52.010 Elections to fill unexpired term—No primary, when.
[2003 c 111 § 1301. Prior: 1973 c 4 § 3. Formerly RCW 29.15.150,
29.13.075.] Repealed by 2004 c 271 § 193.
Reviser’s note: (1) RCW 29A.52.010 was amended by 2005 c 2 § 13
(Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271
§ 193. For rule of construction, see RCW 1.12.025.
(2) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
29A.52.011 Elections to fill unexpired term—No primary, when. Whenever it shall be necessary to hold a special election in an odd-numbered year to fill an unexpired
term of any office which is scheduled to be voted upon for a
full term in an even-numbered year, no primary election shall
be held in the odd-numbered year if, after the last day allowed
for candidates to withdraw, either of the following circumstances exist:
(1) No more than one candidate of each qualified political party has filed a declaration of candidacy for the same
partisan office to be filled; or
29A.52.011
Sections
GENERAL
29A.52.010
29A.52.011
29A.52.106
Elections to fill unexpired term—No primary, when.
Elections to fill unexpired term—No primary, when.
Intent.
29A.52.111
29A.52.112
29A.52.116
29A.52.121
29A.52.130
Application of chapter—Exceptions.
Top two candidates—Party or independent preference.
Application of chapter—Exceptions.
General election laws govern primaries.
Blanket primary authorized.
PARTISAN PRIMARIES
(2008 Ed.)
[Title 29A RCW—page 69]
29A.52.106
Title 29A RCW: Elections
(2) No more than two candidates have filed a declaration
of candidacy for a single nonpartisan office to be filled.
In either event, the officer with whom the declarations of
candidacy were filed shall immediately notify all candidates
concerned and the names of the candidates that would have
been printed upon the primary ballot, but for the provisions of
this section, shall be printed as nominees for the positions
sought upon the November general election ballot. [2006 c
344 § 14; 2004 c 271 § 172.]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
29A.52.106 Intent. It is the intent of the legislature to
create a primary for all partisan elected offices, except for
president and vice president, precinct committee officer, and
offices exempted from the primary under *RCW
29A.52.011, that:
(1) Allows each voter to participate;
(2) Preserves the privacy of each voter’s party affiliation;
(3) Rejects mandatory voter registration by political
party;
(4) Protects ballot access for all candidates, including
minor political party and independent candidates;
(5) Maintains a candidate’s right to self-identify with any
major political party; and
(6) Upholds a political party’s First Amendment right of
association. [2004 c 271 § 140.]
29A.52.106
*Reviser’s note: Offices exempted from partisan primaries are found
in RCW 29A.52.111.
PARTISAN PRIMARIES
options available to voters. [2005 c 2 § 7 (Initiative Measure
No. 872, approved November 2, 2004).]
Reviser’s note: *(1) RCW 29A.36.170 was repealed by 2004 c 271 §
193 and was subsequently amended by 2005 c 2 § 6 (Initiative Measure No.
872). Later enactment, see RCW 29A.36.171.
(2) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
Short title—2005 c 2 (Initiative Measure No. 872): "This act may be
known and cited as the People’s Choice Initiative of 2004." [2005 c 2 § 1
(Initiative Measure No. 872, approved November 2, 2004).]
Intent—2005 c 2 (Initiative Measure No. 872): "The Washington
Constitution and laws protect each voter’s right to vote for any candidate for
any office. The Washington State Supreme Court has upheld the blanket primary as protecting compelling state interests "allowing each voter to keep
party identification, if any, secret; allowing the broadest possible participation in the primary election; and giving each voter a free choice among all
candidates in the primary." Heavey v. Chapman, 93 Wn.2d 700, 705, 611
P.2d 1256 (1980). The Ninth Circuit Court of Appeals has threatened this
system through a decision, that, if not overturned by the United States
Supreme Court, may require change. In the event of a final court judgment
invalidating the blanket primary, this People’s Choice Initiative will become
effective to implement a system that best protects the rights of voters to make
such choices, increases voter participation, and advances compelling interests of the state of Washington." [2005 c 2 § 2 (Initiative Measure No. 872,
approved November 2, 2004).]
Contingent effective date—2005 c 2 (Initiative Measure No. 872):
"This act takes effect only if the Ninth Circuit Court of Appeals’ decision in
Democratic Party of Washington State v. Reed, 343 F.3d 1198 (9th Cir.
2003) holding the blanket primary election system in Washington state
invalid becomes final and a Final Judgment is entered to that effect." [2005
c 2 § 18 (Initiative Measure No. 872, approved November 2, 2004).]
Reviser’s note: On February 28, 2004, the United States Supreme
Court refused to take the case on appeal; therefore the Ninth Circuit’s decision stands.
29A.52.116 Application of chapter—Exceptions.
Major political party candidates for all partisan elected
offices, except for president and vice president, precinct committee officer, and offices exempted from the primary under
*RCW 29A.52.011, must be nominated at primaries held
under this chapter. [2004 c 271 § 139.]
29A.52.116
29A.52.111 Application of chapter—Exceptions.
Candidates for the following offices shall be nominated at
partisan primaries held pursuant to the provisions of this
chapter:
(1) Congressional offices;
(2) All state offices except (a) judicial offices and (b) the
office of superintendent of public instruction;
(3) All county offices except (a) judicial offices and (b)
those offices where a county home rule charter provides otherwise. [2004 c 271 § 173.]
29A.52.111
29A.52.112 Top two candidates—Party or independent preference. (1) A primary is a first stage in the public
process by which voters elect candidates to public office.
(2) Whenever candidates for a partisan office are to be
elected, the general election must be preceded by a primary
conducted under this chapter. Based upon votes cast at the
primary, the top two candidates will be certified as qualified
to appear on the general election ballot, unless only one candidate qualifies as provided in *RCW 29A.36.170.
(3) For partisan office, if a candidate has expressed a
party or independent preference on the declaration of candidacy, then that preference will be shown after the name of the
candidate on the primary and general election ballots by
appropriate abbreviation as set forth in rules of the secretary
of state. A candidate may express no party or independent
preference. Any party or independent preferences are shown
for the information of voters only and may in no way limit the
29A.52.112
[Title 29A RCW—page 70]
*Reviser’s note: Offices exempted from partisan primaries are found
in RCW 29A.52.111.
29A.52.121 General election laws govern primaries.
So far as applicable, the provisions of this title relating to
conducting general elections govern the conduct of primaries. [2004 c 271 § 143.]
29A.52.121
29A.52.130 Blanket primary authorized. Except as
provided otherwise in chapter 29A.56 RCW, all properly registered voters may vote for their choice at any primary held
under this title, for any candidate for each office, regardless
of political affiliation and without a declaration of political
faith or adherence on the part of the voter. [2003 c 111 §
1304. Prior: 1990 c 59 § 88; 1965 c 9 § 29.18.200; prior:
1935 c 26 § 5, part; No RRS. Formerly RCW 29.18.200.]
29A.52.130
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.52.141 Instructions. Instructions for voting a consolidated ballot or a physically separate ballot, whichever is
applicable, must appear, at the very least, in:
29A.52.141
(2008 Ed.)
Primaries and Elections
(1) Any primary voters’ pamphlet prepared by the secretary of state or a local government if a partisan office will
appear on the ballot;
(2) Instructions that accompany any partisan primary
ballot;
(3) Any notice of a partisan primary published in compliance with RCW 29A.52.311;
(4) A sample ballot prepared by a county auditor under
RCW 29A.36.151 for a partisan primary;
(5) The web site of the office of the secretary of state and
any existing web site of a county auditor’s office; and
(6) Every polling place. [2004 c 271 § 141.]
29A.52.151 Ballot format—Procedures. (1) Under a
consolidated ballot format:
(a) A voter’s affiliation with a major political party is
inferred from either selecting only that party in the check-off
box, or voting only for candidates of that political party in
partisan races;
(b) A vote cast for a major political party candidate will
only be tabulated and reported if cast by a voter who affiliated with that same major political party;
(c) A vote cast for a major political party candidate by a
voter who affiliated with a different major political party may
not be tabulated or reported;
(d) A vote cast for a major political party candidate by a
voter who affiliated with more than one major political party
may not be tabulated or reported; and
(e) A vote properly cast may not be affected by votes
improperly cast for other races.
(2) Under a physically separate ballot format:
(a) Only one party ballot and one nonpartisan ballot may
be voted;
(b) If more than one party ballot is voted, none of the ballots may be tabulated or reported;
(c) A voter’s affiliation with a major political party is
inferred from the act of voting the party ballot for that major
political party; and
(d) Every eligible registered voter may vote a nonpartisan ballot. [2007 c 38 § 4; 2004 c 271 § 142.]
29A.52.151
29A.52.161 One vote. Nothing in this chapter may be
construed to mean that a voter may cast more than one vote
for candidates for a given office. [2004 c 271 § 144.]
29A.52.161
29A.52.240
120 § 1; 1965 c 123 § 7; 1965 c 9 § 29.21.010; prior: 1951 c
257 § 7; 1949 c 161 § 3; Rem. Supp. 1949 § 5179-1. Formerly RCW 29.21.010.]
*Reviser’s note: RCW 29A.04.310 was repealed by 2004 c 271 § 193.
Later enactment, see RCW 29A.04.311.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Severability—1975-’76 2nd ex.s. c 120: "If any provision of this 1976
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975-’76 2nd ex.s. c 120 § 16.]
29A.52.220 When no local primary permitted—Procedure—Expiration of subsection. (1) No primary may be
held for any single position in any city, town, district, or district court, as required by RCW 29A.52.210, if, after the last
day allowed for candidates to withdraw, there are no more
than two candidates filed for the position. The county auditor
shall, as soon as possible, notify all the candidates so affected
that the office for which they filed will not appear on the primary ballot.
(2) No primary may be held for nonpartisan offices in
any first-class city if the city:
(a) Is a qualifying city that has been certified to participate in the pilot project authorized by RCW 29A.53.020; and
(b) Is conducting an election using the instant runoff voting method for the pilot project authorized by RCW
29A.53.020.
(c) This subsection (2) expires July 1, 2013.
(3) No primary may be held for the office of commissioner of a park and recreation district or for the office of
cemetery district commissioner.
(4) Names of candidates for offices that do not appear on
the primary ballot shall be printed upon the general election
ballot in the manner specified by RCW 29A.36.131. [2005 c
153 § 10; 2003 c 111 § 1306. Prior: 1998 c 19 § 1; 1996 c
324 § 1; 1990 c 59 § 90; 1975-’76 2nd ex.s. c 120 § 2; 1965 c
9 § 29.21.015; prior: 1955 c 101 § 2; 1955 c 4 § 1. Formerly
RCW 29.21.015.]
29A.52.220
Captions not law—Severability—2005 c 153: See RCW 29A.53.901
and 29A.53.902.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Severability—1975-’76 2nd ex.s. c 120: See note following RCW
29A.52.210.
29A.52.231 Nonpartisan offices specified. The offices
of superintendent of public instruction, justice of the supreme
court, judge of the court of appeals, judge of the superior
court, and judge of the district court shall be nonpartisan and
the candidates therefor shall be nominated and elected as
such.
All city, town, and special purpose district elective
offices shall be nonpartisan and the candidates therefor shall
be nominated and elected as such. [2004 c 271 § 174.]
29A.52.231
NONPARTISAN PRIMARIES
29A.52.210 Local primaries. All city and town primaries shall be nonpartisan. Primaries for special purpose districts, except those districts that require ownership of property within the district as a prerequisite to voting, shall be
nonpartisan. City, town, and district primaries shall be held
as provided in *RCW 29A.04.310.
The purpose of this section is to establish the holding of
a primary, subject to the exemptions in RCW 29A.52.220, as
a uniform procedural requirement to the holding of city,
town, and district elections. These provisions supersede any
and all other statutes, whether general or special in nature,
having different election requirements. [2003 c 111 § 1305.
Prior: 1990 c 59 § 89; 1977 c 53 § 3; 1975-’76 2nd ex.s. c
29A.52.210
(2008 Ed.)
29A.52.240 Special election to fill unexpired term.
Whenever it is necessary to hold a special election to fill an
unexpired term of an elective office of any city, town, or district, the special election must be held in concert with the next
general election that is to be held by the respective city, town,
or district concerned for the purpose of electing officers to
29A.52.240
[Title 29A RCW—page 71]
29A.52.311
Title 29A RCW: Elections
full terms. This section does not apply to any city of the first
class whose charter provision relating to elections to fill
unexpired terms are inconsistent with this section. [2003 c
111 § 1308; 1972 ex.s. c 61 § 7. Formerly RCW 29.21.410]
Severability—1972 ex.s. c 61: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1972 ex.s. c 61 § 8.]
NOTICES AND CERTIFICATES
29A.52.311 Notice of primary. Not more than ten nor
less than three days before the primary the county auditor
shall publish notice of such primary in one or more newspapers of general circulation within the county. The notice
must contain the proper party designations, the names and
addresses of all persons who have filed a declaration of candidacy to be voted upon at that primary, instructions for voting the applicable ballot, as provided in chapter 29A.36
RCW, the hours during which the polls will be open, and the
polling places for each precinct, giving the address of each
polling place. The names of all candidates for nonpartisan
offices must be published separately with designation of the
offices for which they are candidates but without party designation. This is the only notice required for the holding of any
primary. [2004 c 271 § 145.]
29A.52.311
29A.52.321 Certification of nominees. No later than
the day following the certification of the returns of any primary, the secretary of state shall certify to the appropriate
county auditors the names of all persons nominated for
offices at a primary, or at an independent candidate or minor
party convention. [2004 c 271 § 146.]
29A.52.321
29A.52.330 Constitutional amendments and state
measures—Notice method. Subject to the availability of
funds appropriated specifically for that purpose, the secretary
of state shall publish notice of the proposed constitutional
amendments and other state measures that are to be submitted
to the people at a state general election up to four times during the four weeks immediately preceding that election in
every legal newspaper in the state. The secretary of state
shall supplement this publication with an equivalent amount
of radio and television advertisements. [2003 c 111 § 1311.
Prior: 1997 c 405 § 1; 1967 c 96 § 1; 1965 c 9 § 29.27.072;
prior: 1961 c 176 § 1. Formerly RCW 29.27.072.]
29A.52.330
29A.52.340 Constitutional amendments and state
measures—Notice contents. The newspaper and broadcast
notice required by Article XXIII, section 1, of the state Constitution and RCW 29A.52.330 may set forth all or some of
the following information:
(1) A legal identification of the state measure to be voted
upon.
(2) The official ballot title of such state measure.
(3) A brief statement explaining the constitutional provision or state law as it presently exists.
(4) A brief statement explaining the effect of the state
measure should it be approved.
(5) The total number of votes cast for and against the
measure in both the state senate and house of representatives.
29A.52.340
[Title 29A RCW—page 72]
No individual candidate or incumbent public official
may be referred to or identified in these notices or advertisements. [2003 c 111 § 1312. Prior: 1997 c 405 § 2; 1967 c 96
§ 2; 1965 c 9 § 29.27.074; prior: 1961 c 176 § 2. Formerly
RCW 29.27.074.]
29A.52.351
29A.52.351 Notice of election. Except as provided in
RCW 29A.32.260, notice for any state, county, district, or
municipal election, whether special or general, must be given
by at least one publication not more than ten nor less than
three days before the election by the county auditor or the
officer conducting the election as the case may be, in one or
more newspapers of general circulation within the county.
The legal notice must contain the title of each office under the
proper party designation, the names and addresses of all
officers who have been nominated for an office to be voted
upon at that election, together with the ballot titles of all measures, the hours during which the polls will be open, and the
polling places for each precinct, giving the address of each
polling place. The names of all candidates for nonpartisan
offices must be published separately with designation of the
offices for which they are candidates but without party designation. This is the only notice required for a state, county,
district, or municipal general or special election and supersedes the provisions of any and all other statutes, whether
general or special in nature, having different requirements for
the giving of notice of any general or special elections. [2004
c 271 § 175.]
29A.52.360
29A.52.360 Ceremonial certificates of election to
officers elected in single county or less. Immediately after
the ascertainment of the result of an election for an office to
be filled by the voters of a single county, or of a precinct, or
of a constituency within a county for which the county auditor serves as supervisor of elections, the county auditor shall
notify the person elected, and issue to the person a ceremonial certificate of election. [2007 c 374 § 2; 2003 c 111 §
1314; 1965 c 9 § 29.27.100. Prior: 1961 c 130 § 8; prior:
Code 1881 § 3096, part; 1866 p 6 § 2, part; 1865 p 39 § 7,
part; RRS § 5343, part. Formerly RCW 29.27.100.]
29A.52.370
29A.52.370 Certificates of election to other officers.
Except as provided in the state Constitution, the governor
shall issue certificates of election to those elected as senator
or representative in the Congress of the United States and to
state offices. The secretary of state shall issue certificates of
election to those elected to the office of judge of the superior
court in judicial districts comprising more than one county
and to those elected to either branch of the state legislature in
legislative districts comprising more than one county. [2003
c 111 § 1315; 1965 c 9 § 29.27.110. Prior: (i) 1933 c 92 § 1;
RRS § 5343-1. (ii) Code 1881 § 3100, part; No RRS. Formerly RCW 29.27.110.]
Judges of their own election and qualification—Quorum: State Constitution
Art. 2 § 8.
Returns of elections, canvass, etc.: State Constitution Art. 3 § 4.
(2008 Ed.)
Instant Runoff Voting Pilot Project
Chapter 29A.53 RCW
INSTANT RUNOFF VOTING PILOT PROJECT
Chapter 29A.53
Sections
29A.53.010
29A.53.020
29A.53.030
29A.53.040
29A.53.050
29A.53.060
29A.53.070
29A.53.080
29A.53.090
29A.53.900
29A.53.901
29A.53.902
Finding—Intent.
Participant qualifications, procedures, report.
Definitions.
Application of election laws.
Tabulation of ballots—Counting stages.
Voting conditions and limitations.
Local option authorized.
Ballot specifications and directions to voters.
Changes in voting devices and counting methods.
Expiration date.
Captions not law—2005 c 153.
Severability—2005 c 153.
29A.53.010 Finding—Intent. (Expires July 1, 2013.)
(1) The legislature finds that it is in the public interest to
examine the use of a voting system that requires all victorious
candidates to be elected with a majority vote rather than a
plurality of effective votes, and that allows voters to designate secondary and other preferences for potential tabulation
if their first choice candidate does not receive a majority of
the votes cast. The legislature recognizes that the system
known as instant runoff voting achieves these purposes.
(2) The legislature wishes to examine whether voter
interest and participation in elections will increase when
instant runoff voting, a voting method that promotes additional voter choices and a more meaningful recognition of all
voter selections, is used to elect nonpartisan candidates. The
legislature declares that it is in the interest of participatory
democracy for voters to be given the opportunity to vote for
their first choice candidate while still making effective secondary choices among the remaining candidates.
(3) The legislature therefore intends to authorize a limited pilot project to study the effects of using instant runoff
voting as a local option for nonpartisan offices in any qualifying city. [2005 c 153 § 1.]
29A.53.010
29A.53.020 Participant qualifications, procedures,
report. (Expires July 1, 2013.) The legislature intends to
establish an instant runoff voting pilot project to be completed by willing state and local election administrators in
full partnership and cooperation.
If the county auditor of a county containing any city that
has demonstrated support for instant runoff voting, as provided by subsection (1)(c) of this section, provides written
notification of pilot project participation to the secretary of
state by January 1, 2007, the secretary of state shall conduct a
pilot project to examine the use of instant runoff voting as a
local option for nonpartisan offices in any qualifying city in
that county. Following the timely receipt by the secretary of
state of the written notification, the pilot project must begin
by August 1, 2008, and conclude no later than July 1, 2013.
(1) For the purposes of this chapter, a qualifying city
must:
(a) Be classified as a first-class city as defined by chapter
35.22 RCW;
(b) Have a population greater than one hundred forty
thousand and less than two hundred thousand as of July 24,
2005, as determined by the office of financial management;
and
29A.53.020
(2008 Ed.)
29A.53.030
(c) Have demonstrated support for instant runoff voting
by approving a city charter amendment authorizing the city
council to use instant runoff voting for the election of city
officers.
(2)(a) Following the timely receipt by the secretary of
state of a notification of participation from a county auditor,
and in accordance with the provisions of this section, the secretary of state shall certify at least one city in that county to
qualify and participate in the pilot project. Only a qualifying
city or cities certified for participation by the secretary of
state may participate in the pilot project.
(b) The county auditor of a county containing a qualifying and certified city who has submitted a timely notification
of participation shall participate in the pilot project.
(3) Elections conducted under the instant runoff voting
method for the pilot project must comply with this chapter
and may be held only on the dates specified by RCW
29A.04.330(1).
(4) For the purpose of implementing this chapter, the
secretary of state shall develop and adopt:
(a) Rules governing the conduct of instant runoff voting
elections; and
(b) A pilot project timeline. The secretary of state may
consult with appropriate local officials to develop this timeline. The timeline is subject to review and modification by
the secretary of state, as necessary.
(5) All election equipment and related processes shall be
certified by the secretary of state before an election may be
conducted under the instant runoff voting method.
(6) The secretary of state shall submit a report of findings to the appropriate committees of the legislature by July
1, 2013, that includes, but is not limited to:
(a) An assessment of all elections conducted using the
instant runoff voting method;
(b) Recommendations for statutory, rule, and local voting procedural modifications that would be required prior to
implementing instant runoff voting as a permanent alternative election method for special and general elections;
(c) An inventory of available election equipment necessary for conducting elections under the instant runoff method,
including costs associated with the equipment; and
(d) Any recommendations from any city legislative body
or county auditor participating in this pilot project. [2005 c
153 § 2.]
29A.53.030 Definitions. (Expires July 1, 2013.) The
definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Candidates who remain" means all candidates who
have not been eliminated at a previous stage.
(2) "Choice" means an indication on a ballot of a voter’s
ranking of candidates for any single office according to the
voter’s preference.
(3) "Continuing ballot" means a ballot that is not
exhausted.
(4) "Exhausted ballot" means a ballot on which all indicated choices have become votes for the candidates so designated or when the ballot contains only choices for eliminated
candidates.
(5) "Instant runoff voting" means a system of voting in
which voters may designate as many as three candidates for
29A.53.030
[Title 29A RCW—page 73]
29A.53.040
Title 29A RCW: Elections
the same office in order of preference by indicating a first
choice, a second choice, and a third choice.
(6) "Last place candidate" means a candidate who has
received the fewest votes among the candidates who remain
at any stage. Two or more candidates simultaneously
become last place candidates when their combined votes are
equal to or fewer than all votes for the candidate with the
third highest vote total.
(7) "Next choice" means the highest ranked choice for a
remaining candidate that has not become a vote at a previous
stage.
(8) "Remaining candidate" means a candidate who has
not been eliminated.
(9) "Stage" or "stage in the counting" means a step in the
counting process during which votes for all remaining candidates are tabulated for the purpose of determining whether a
candidate has achieved a majority of the votes cast for a particular office, and, absent a majority, which candidate or candidates must be eliminated.
(10) "Vote" means a ballot choice that is counted toward
election of a candidate. Except as provided by RCW
29A.53.050 and 29A.53.060, all first choices are votes.
Lower ranked choices are potential votes that may, in accordance with the requirements of this chapter, be credited to
and become votes for a candidate. [2005 c 153 § 3.]
29A.53.040 Application of election laws. (Expires
July 1, 2013.) To the extent they are not inconsistent with
this chapter, the laws governing elections apply to the pilot
project on instant runoff voting authorized by this chapter.
The authority of a city meeting the criteria of RCW
29A.53.020 and 29A.53.070 to participate in an election conducted under the instant runoff voting method expires on July
1, 2013. [2005 c 153 § 4.]
29A.53.040
29A.53.050 Tabulation of ballots—Counting stages.
(Expires July 1, 2013.) The following provisions, subject to
the conditions of RCW 29A.53.060, govern how votes for
candidates for each office shall be tabulated under the instant
runoff voting method:
(1) All first choice votes cast for the office shall be tabulated in the first counting stage. If, following this first counting stage, a candidate receives a majority of the votes cast for
the office, that candidate is deemed elected to the office and
counting ends;
(2) If no candidate receives a majority of the votes cast
for the office during the first counting stage, the second
counting stage begins by eliminating the last place candidate
for that office. On ballots that indicate a first choice preference for the eliminated candidate, the second choice preferences are counted as votes for the candidates so designated.
If, following this second counting stage, a candidate receives
a majority of the votes cast for the office, that candidate is
deemed elected to the office and counting ends;
(3) If, following the second counting stage, no candidate
receives a majority of the votes cast for the office, the third
counting stage begins by eliminating the last place candidate
for that office. On ballots that indicate a first choice preference for the eliminated candidate, the next choice preferences
are counted as votes for the candidates so designated. If, fol29A.53.050
[Title 29A RCW—page 74]
lowing this third counting stage, a candidate receives a
majority of votes cast for the office, that candidate is deemed
elected to the office and counting ends;
(4) If, following the third counting stage, no candidate
receives a majority of the votes cast for the office, the counting process provided by subsection (3) of this section continues in succession until either a candidate receives a majority
of the votes cast for the office or all but one candidate has
been eliminated. In accordance with the provisions of this
subsection, a candidate who receives either a majority of the
votes cast for the office or who is the sole remaining candidate shall be deemed elected to the office; and
(5) If at any stage in the counting process there are two
or more last place candidates for the office, these candidates
must be eliminated simultaneously. On ballots that indicate a
first choice preference for the eliminated candidates, the next
choice preferences shall be counted as votes for the candidates so designated. [2005 c 153 § 5.]
29A.53.060 Voting conditions and limitations.
(Expires July 1, 2013.) (1)(a) Once a ballot is exhausted, it
is disregarded and not subject to additional tabulation procedures.
(b) A ballot assigning the same ranking to more than one
candidate for an office is exhausted when the duplicate ranking is reached. No vote may be recorded for any candidates
designated with the same ranking on the same ballot.
(2) The county auditor may not count more than three
choices for any one office from a ballot.
(3) If the total number of votes for all write-in candidates
in each race during any counting stage is fewer than the last
place candidate among the candidates appearing on the ballot, all write-in candidates must be eliminated for that counting stage and subsequent counting stages.
(4) If, following the conclusion of the counting stages,
the tabulated ballots do not contain a sufficient number of
effective second and lower choices for a candidate to receive
a majority of the votes cast for any office, the candidate who
either has the highest number of votes credited to him or her
for that office, or who is the sole remaining candidate shall be
deemed elected to the office.
(5) No votes may be counted for a candidate who has
been eliminated. [2005 c 153 § 6.]
29A.53.060
29A.53.070 Local option authorized. (Expires July 1,
2013.) (1) In accordance with the provisions of RCW
29A.53.020, the legislative body of a qualifying city may, for
a specific election or elections, adopt instant runoff voting as
the method for electing candidates for all nonpartisan city
offices.
(2)(a) After adoption of instant runoff voting by the legislative body of a qualifying city for a specific election or
elections as provided for by subsection (1) of this section, the
city shall, before conducting an election using the instant runoff voting method, notify the county auditor and the secretary
of state of its intent to hold such an election.
(b) If the county auditor notifies the city that existing
election equipment of the county is insufficient for conducting an election under the instant runoff voting method, the
city and the auditor shall negotiate an agreement for the pur29A.53.070
(2008 Ed.)
Special Circumstances Elections
chase of any new equipment specifically required for this
election method. Nothing in this subsection precludes the
auditor from canvassing the returns of an instant runoff voting election by hand.
(3) The date of any election conducted under the instant
runoff voting method must be consistent with the timeline
required by RCW 29A.53.020. [2005 c 153 § 7.]
29A.56.010
provision to other persons or circumstances is not affected.
[2005 c 153 § 17.]
Chapter 29A.56 RCW
SPECIAL CIRCUMSTANCES ELECTIONS
Chapter 29A.56
Sections
PRESIDENTIAL PRIMARY
29A.53.080 Ballot specifications and directions to
voters. (Expires July 1, 2013.) Ballots for elections conducted under the instant runoff voting method should be clear
and easily understood. Sample ballots illustrating voting procedures must be posted in or near voting booths and included
within instruction packets for absentee ballots. Directions
provided to voters must conform substantially to the following specifications:
29A.53.080
"You may choose a maximum of three candidates for each office in order of preference. Indicate
your first choice designation by marking the number
"1" beside a candidate’s name (or by marking in the
column labeled "First Choice"). Indicate your second choice designation by marking the number "2"
beside a candidate’s name (or by marking in the column labeled "Second Choice"). Indicate your third
choice designation by marking the number "3"
beside a candidate’s name (or by marking in the column labeled "Third Choice"). You are not required
to choose more than one candidate for each office.
Designating two or more candidates in order of preference will not affect your first choice designation.
Do not mark the same designation number beside
more than one candidate or put more than one mark
in each column for the office on which you are voting. Do not skip designation numbers." [2005 c 153
§ 8.]
29A.53.090 Changes in voting devices and counting
methods. (Expires July 1, 2013.) Participating state and
local election officials may provide for voting directions and
the design, processing, and tabulation of instant runoff voting
ballots used in the pilot project authorized by RCW
29A.53.020. State and local actions must be consistent with
the provisions of this chapter.
Election officials should provide voters with a ballot that
has a distinctive design, format, or layout for offices to which
instant runoff voting applies. Ballot sections for contests that
have fewer than three candidates for the same office, however, may differ from ballot sections for which the instant
runoff voting method applies. [2005 c 153 § 9.]
29A.56.010
29A.56.020
29A.56.030
29A.56.040
29A.56.050
29A.56.060
RECALL
29A.56.110 Initiating proceedings—Statement—Contents—Verification—Definitions.
29A.56.120 Petition—Where filed.
29A.56.130 Ballot synopsis.
29A.56.140 Determination by superior court—Correction of ballot synopsis.
29A.56.150 Filing supporting signatures—Time limitations.
29A.56.160 Petition—Form.
29A.56.170 Petition—Size.
29A.56.180 Number of signatures required.
29A.56.190 Canvassing signatures—Time of—Notice.
29A.56.200 Verification and canvass of signatures—Procedure—Statistical sampling.
29A.56.210 Fixing date for recall election—Notice.
29A.56.220 Response to petition charges.
29A.56.230 Destruction of insufficient recall petition.
29A.56.240 Fraudulent names—Record of.
29A.56.250 Conduct of election—Contents of ballot.
29A.56.260 Ascertaining the result—When recall effective.
29A.56.270 Enforcement provisions—Mandamus—Appellate review.
PRESIDENTIAL ELECTORS
29A.56.310 Date of election—Number.
29A.56.320 Nomination—Pledge by electors—What names on ballots—
How counted.
29A.56.330 Counting and canvassing the returns.
29A.56.340 Meeting—Time—Procedure—Voting for nominee of other
party, penalty.
29A.56.350 Compensation.
29A.56.360 Slate of presidential electors.
29A.53.090
29A.53.900 Expiration date. This chapter expires July
1, 2013. [2005 c 153 § 13.]
Intent.
Date.
Ballot—Names included.
Procedures—Ballot form and arrangement.
Allocation of delegates—Party declarations.
Costs.
CONSTITUTIONAL AMENDMENT CONVENTIONS
29A.56.410
29A.56.420
29A.56.430
29A.56.440
29A.56.450
29A.56.460
29A.56.470
29A.56.480
29A.56.490
29A.56.500
29A.56.510
29A.56.520
29A.56.530
29A.56.540
Governor’s proclamation calling convention—When.
Governor’s proclamation calling convention—Publication.
Election of convention delegates—Date.
Time and place for convention.
Delegates—Number and qualifications.
Delegates—Declarations of candidacy.
Election of delegates—Administration.
Election of delegates—Ballots.
Election of delegates—Ascertaining result.
Meeting—Organization.
Quorum—Proceedings—Record.
Certification and transmittal of result.
Expenses—How paid—Delegates receive filing fee.
Federal statutes controlling.
PRESIDENTIAL PRIMARY
29A.53.900
29A.53.901 Captions not law—2005 c 153. Captions
used in this act are not part of the law. [2005 c 153 § 16.]
29A.53.901
29A.53.902 Severability—2005 c 153. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
29A.53.902
(2008 Ed.)
29A.56.010 Intent. The people of the state of Washington declare that:
(1) The current presidential nominating caucus system in
Washington state is unnecessarily restrictive of voter participation in that it discriminates against the elderly, the infirm,
women, the disabled, evening workers, and others who are
unable to attend caucuses and therefore unable to fully participate in this most important quadrennial event that occurs in
our democratic system of government.
29A.56.010
[Title 29A RCW—page 75]
29A.56.020
Title 29A RCW: Elections
(2) It is the intent of this chapter to make the presidential
selection process more open and representative of the will of
the people of our state.
(3) A presidential primary will afford the maximum
opportunity for voter access at regular polling places during
the daytime and evening hours convenient to the most people.
(4) This state’s participation in the selection of presidential candidates shall be in accordance with the will of the people as expressed in a presidential preference primary.
(5) It is the intent of this chapter, to the maximum extent
practicable, to continue to reserve to the political parties the
right to conduct their delegate selection as prescribed by
party rules insofar as it reflects the will of the people as
expressed in a presidential primary election conducted every
four years in the manner described by this chapter. [2003 c
111 § 1401; 1989 c 4 § 1 (Initiative Measure No. 99). Formerly RCW 29.19.010.]
29A.56.020 Date. (1) On the fourth Tuesday in May of
each year in which a president of the United States is to be
nominated and elected, a presidential primary shall be held at
which voters may vote for the nominee of a major political
party for the office of president. The secretary of state may
propose an alternative date for the primary no later than the
first day of August of the year before the year in which a president is to be nominated and elected.
(2) No later than the first day of September of the year
before the year in which a presidential nominee is selected,
the state committee of any major political party that will use
the primary results for candidates of that party may propose
an alternative date for that primary.
(3) If an alternative date is proposed under subsection (1)
or (2) of this section, a committee consisting of the chair and
the vice-chair of the state committee of each major political
party, the secretary of state, the majority leader and minority
leader of the senate, and the speaker and the minority leader
of the house of representatives shall meet and, if affirmed by
a two-thirds vote of the members of the committee, the date
of the primary shall be changed. The committee shall meet
and decide on the proposed alternate date not later than the
first day of October of the year before the year in which a
presidential nominee is selected. The secretary of state shall
convene and preside over the meeting of the committee. A
committee member other than a legislator may appoint, in
writing, a designee to serve on his or her behalf. A legislator
who is a member of the committee may appoint, in writing,
another legislator to serve on his or her behalf.
(4) If an alternate date is approved under this section, the
secretary of state shall adopt rules under RCW 29A.04.620 to
adjust the deadlines in RCW 29A.56.030 and related provisions of this chapter to correspond with the date that has been
approved. [2003 c 111 § 1402; (2003 3rd sp.s. c 1 § 2 expired
January 1, 2005); (2003 3rd sp.s. c 1 § 1 expired July 1,
2004). Prior: 1995 1st sp.s. c 20 § 1; 1989 c 4 § 2 (Initiative
Measure No. 99). Formerly RCW 29.19.020.]
29A.56.020
Effective date—2003 3rd sp.s. c 1 § 2: "Section 2 of this act takes
effect July 1, 2004." [2003 3rd sp.s. c 1 § 5.]
Expiration date—2003 3rd sp.s. c 1 § 2: "Section 2 of this act expires
January 1, 2005." [2003 3rd sp.s. c 1 § 6.]
Expiration date—2003 3rd sp.s. c 1 § 1: "Section 1 of this act expires
July 1, 2004." [2003 3rd sp.s. c 1 § 4.]
[Title 29A RCW—page 76]
Effective date—2003 3rd sp.s. c 1 § 1: "Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and takes
effect immediately [December 9, 2003]." [2003 3rd sp.s. c 1 § 3.]
Effective date—1995 1st sp.s. c 20: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [June 15, 1995]." [1995 1st sp.s. c 20 § 7.]
29A.56.030 Ballot—Names included. The name of
any candidate for a major political party nomination for president of the United States shall be printed on the presidential
preference primary ballot of a major political party only:
(1) By direction of the secretary of state, who in the secretary’s sole discretion has determined that the candidate’s
candidacy is generally advocated or is recognized in national
news media; or
(2) If members of the political party of the candidate
have presented a petition for nomination of the candidate that
has attached to the petition a sheet or sheets containing the
signatures of at least one thousand registered voters who
declare themselves in the petition as being affiliated with the
same political party as the presidential candidate. The petition shall be filed with the secretary of state not later than
sixty days before the presidential preference primary. The
signature sheets shall also contain the residence address and
name or number of the precinct of each registered voter
whose signature appears thereon and shall be certified in the
manner prescribed in RCW 29A.72.230 and 29A.72.240.
The secretary of state shall place the name of the candidate on the ballot unless the candidate, at least fifty-two days
before the presidential preference primary, executes and files
with the secretary of state an affidavit stating without qualification that he or she is not now and will not become a candidate for the office of president of the United States at the
forthcoming presidential election. The secretary of state shall
certify the names of all candidates who will appear on the
presidential preference primary ballot to the respective
county auditors on or before the fourth Tuesday in April of
each presidential election year. [2006 c 344 § 15; 2003 c 111
§ 1403. Prior: 1989 c 4 § 3 (Initiative Measure No. 99). Formerly RCW 29.19.030.]
29A.56.030
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
29A.56.040 Procedures—Ballot form and arrangement. (1) Except where necessary to accommodate the
national or state rules of a major political party or where this
chapter specifically provides otherwise, the presidential primary must be conducted in substantially the same manner as
a state partisan primary under this title.
(2) Except as provided under this chapter or by rule of
the secretary of state adopted under RCW 29A.04.620, the
arrangement and form of presidential primary ballots must be
consistent with RCW 29A.52.151. Only the candidates who
have qualified under RCW 29A.56.030 may appear on the
ballots.
(3) Each party’s ballot or portion of the ballot must list
alphabetically the names of all candidates for the office of
president. The ballot must clearly indicate the political party
of each candidate. Each ballot must include a blank space to
allow the voter to write in the name of any other candidate.
29A.56.040
(2008 Ed.)
Special Circumstances Elections
(4) A presidential primary ballot with votes for more
than one candidate is void, and notice to this effect, stated in
clear, simple language and printed in large type, must appear
on the face of each presidential primary ballot or on or about
each voting device. [2007 c 385 § 1; 2003 c 111 § 1404.
Prior: 1995 1st sp.s. c 20 § 2. Formerly RCW 29.19.045.]
Effective date—1995 1st sp.s. c 20: See note following RCW
29A.56.020.
29A.56.050 Allocation of delegates—Party declarations. (1) A major political party may, under national or state
party rules, base the allocation of delegates from this state to
the national nominating convention of that party in whole or
in part on the participation in precinct caucuses and conventions conducted under the rules of that party.
(2) If requested by a major political party, the secretary
of state shall adopt rules under RCW 29A.04.620 to provide
for any declaration required by that party.
(3) Voters who subscribe to a specific political party declaration under this section must be given ballots that are
readily distinguishable from those given to other voters.
Votes cast by persons making these declarations must be tabulated and reported separately from other votes cast at the primary and may be used by a major political party in its allocation of delegates under the rules of that party.
(4) For a political party that requires a specific voter declaration under this section, the secretary of state shall prescribe rules for providing, to the state and county committees
of that political party, a copy of the declarations or a list of the
voters who participated in the presidential nominating process of that party. [2003 c 111 § 1405. Prior: 1995 1st sp.s.
c 20 § 3. Formerly RCW 29.19.055.]
29A.56.050
Effective date—1995 1st sp.s. c 20: See note following RCW
29A.56.020.
29A.56.060 Costs. Subject to available funds specifically appropriated for this purpose, whenever a presidential
primary is held as provided by this chapter, the state of Washington shall assume all costs of holding the primary if it is
held alone. If any other election or elections are held at the
same time, the state is liable only for a prorated share of the
costs. The county auditor shall determine the costs, including
the state’s prorated share, if applicable, in the same manner as
provided under RCW 29A.04.410 and shall file a certified
claim with the secretary of state. The secretary of state shall
include in his or her biennial budget requests sufficient funds
to carry out this section. Reimbursements for primary costs
must be from appropriations specifically provided by law for
that purpose. [2003 c 111 § 1406. Prior: 1995 1st sp.s. c 20
§ 5; 1989 c 4 § 8 (Initiative Measure No. 99). Formerly RCW
29.19.080]
29A.56.060
29A.56.130
of the state or of such political subdivision, as the case may
be, under the provisions of sections 33 and 34 of Article 1 of
the Constitution, the voter shall prepare a typewritten charge,
reciting that such officer, naming him or her and giving the
title of the office, has committed an act or acts of malfeasance, or an act or acts of misfeasance while in office, or has
violated the oath of office, or has been guilty of any two or
more of the acts specified in the Constitution as grounds for
recall. The charge shall state the act or acts complained of in
concise language, give a detailed description including the
approximate date, location, and nature of each act complained of, be signed by the person or persons making the
charge, give their respective post office addresses, and be
verified under oath that the person or persons believe the
charge or charges to be true and have knowledge of the
alleged facts upon which the stated grounds for recall are
based.
For the purposes of this chapter:
(1) "Misfeasance" or "malfeasance" in office means any
wrongful conduct that affects, interrupts, or interferes with
the performance of official duty;
(a) Additionally, "misfeasance" in office means the performance of a duty in an improper manner; and
(b) Additionally, "malfeasance" in office means the
commission of an unlawful act;
(2) "Violation of the oath of office" means the neglect or
knowing failure by an elective public officer to perform faithfully a duty imposed by law. [2003 c 111 § 1407; 1984 c 170
§ 1; 1975-’76 2nd ex.s. c 47 § 1; 1965 c 9 § 29.82.010. Prior:
1913 c 146 § 1; RRS § 5350. Former part of section: 1913 c
146 § 2; RRS § 5351, now codified in RCW 29.82.015. Formerly RCW 29.82.010.]
Severability—1975-’76 2nd ex.s. c 47: "If any provision of this amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1975-’76 2nd ex.s. c 47 § 3.]
29A.56.120 Petition—Where filed. Any person making a charge shall file it with the elections officer whose duty
it is to receive and file a declaration of candidacy for the
office concerning the incumbent of which the recall is to be
demanded. The officer with whom the charge is filed shall
promptly (1) serve a copy of the charge upon the officer
whose recall is demanded, and (2) certify and transmit the
charge to the preparer of the ballot synopsis provided in
RCW 29A.56.130. The manner of service shall be the same
as for the commencement of a civil action in superior court.
[2003 c 111 § 1408. Prior: 1984 c 170 § 2; 1975-’76 2nd
ex.s. c 47 § 2; 1965 c 9 § 29.82.015; prior: 1913 c 146 § 2;
RRS § 5351. Formerly RCW 29.82.010, part. Formerly
RCW 29.82.015.]
29A.56.120
Effective date—1995 1st sp.s. c 20: See note following RCW
29A.56.020.
Severability—1975-’76 2nd ex.s. c 47: See note following RCW
29A.56.110.
RECALL
29A.56.130 Ballot synopsis. (1) Within fifteen days
after receiving a charge, the officer specified below shall formulate a ballot synopsis of the charge of not more than two
hundred words.
(a) Except as provided in (b) of this subsection, if the
recall is demanded of an elected public officer whose political jurisdiction encompasses an area in more than one county,
29A.56.110 Initiating proceedings—Statement—
Contents—Verification—Definitions. Whenever any legal
voter of the state or of any political subdivision thereof, either
individually or on behalf of an organization, desires to
demand the recall and discharge of any elective public officer
29A.56.110
(2008 Ed.)
29A.56.130
[Title 29A RCW—page 77]
29A.56.140
Title 29A RCW: Elections
the attorney general shall be the preparer, except if the recall
is demanded of the attorney general, the chief justice of the
supreme court shall be the preparer.
(b) If the recall is demanded of an elected public officer
whose political jurisdiction lies wholly in one county, or if
the recall is demanded of an elected public officer of a district
whose jurisdiction encompasses more than one county but
whose declaration of candidacy is filed with a county auditor
in one of the counties, the prosecuting attorney of that county
shall be the preparer, except that if the prosecuting attorney is
the officer whose recall is demanded, the attorney general
shall be the preparer.
(2) The synopsis shall set forth the name of the person
charged, the title of the office, and a concise statement of the
elements of the charge. Upon completion of the ballot synopsis, the preparer shall certify and transmit the exact language
of the ballot synopsis to the persons filing the charge and the
officer subject to recall. The preparer shall additionally certify and transmit the charges and the ballot synopsis to the
superior court of the county in which the officer subject to
recall resides and shall petition the superior court to approve
the synopsis and to determine the sufficiency of the charges.
[2003 c 111 § 1409; 1984 c 170 § 3. Formerly RCW
29.82.021.]
the decision of the superior court regarding the sufficiency of
the charges is not appealed, the one hundred eighty or two
hundred seventy day period for the circulation of signatures
begins on the sixteenth day following the decision of the
superior court. If the decision of the superior court regarding
the sufficiency of the charges is appealed, the one hundred
eighty or two hundred seventy day period for the circulation
of signatures begins on the day following the issuance of the
decision by the supreme court. [2003 c 111 § 1411; 1984 c
170 § 5; 1971 ex.s. c 205 § 2. Formerly RCW 29.82.025.]
Severability—1971 ex.s. c 205: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 ex.s. c 205 § 6.]
29A.56.160 Petition—Form. Recall petitions must be
printed on single sheets of paper of good writing quality
(including but not limited to newsprint) not less than eleven
inches in width and not less than fourteen inches in length.
No petition may be circulated or signed prior to the first day
of the one hundred eighty or two hundred seventy day period
established by RCW 29A.56.150 for that recall petition. The
petitions must be substantially in the following form:
29A.56.160
The warning prescribed by RCW 29A.72.140; followed
by:
29A.56.140 Determination by superior court—Correction of ballot synopsis. Within fifteen days after receiving the petition, the superior court shall have conducted a
hearing on and shall have determined, without cost to any
party, (1) whether or not the acts stated in the charge satisfy
the criteria for which a recall petition may be filed, and (2)
the adequacy of the ballot synopsis. The clerk of the superior
court shall notify the person subject to recall and the person
demanding recall of the hearing date. Both persons may
appear with counsel. The court may hear arguments as to the
sufficiency of the charges and the adequacy of the ballot synopsis. The court shall not consider the truth of the charges,
but only their sufficiency. An appeal of a sufficiency decision shall be filed in the supreme court as specified by RCW
29A.56.270. The superior court shall correct any ballot synopsis it deems inadequate. Any decision regarding the ballot
synopsis by the superior court is final. The court shall certify
and transmit the ballot synopsis to the officer subject to
recall, the person demanding the recall, and either the secretary of state or the county auditor, as appropriate. [2003 c
111 § 1410. Prior: 1984 c 170 § 4. Formerly RCW
29.82.023.]
29A.56.140
29A.56.150 Filing supporting signatures—Time limitations. (1) The sponsors of a recall demanded of any public
officer shall stop circulation of and file all petitions with the
appropriate elections officer not less than six months before
the next general election in which the officer whose recall is
demanded is subject to reelection.
(2) The sponsors of a recall demanded of an officer
elected to a statewide position shall have a maximum of two
hundred seventy days, and the sponsors of a recall demanded
of any other officer shall have a maximum of one hundred
eighty days, in which to obtain and file supporting signatures
after the issuance of a ballot synopsis by the superior court. If
29A.56.150
[Title 29A RCW—page 78]
Petition for the recall of (here insert the name of the
office and of the person whose recall is petitioned for) to the
Honorable (here insert the name and title of the officer with
whom the charge is filed).
We, the undersigned citizens and legal voters of (the
state of Washington or the political subdivision in which the
recall is to be held), respectfully direct that a special election
be called to determine whether or not (here insert the name of
the person charged and the office which he or she holds) be
recalled and discharged from his or her office, for and on
account of (his or her having committed the act or acts of
malfeasance or misfeasance while in office, or having violated his or her oath of office, as the case may be), in the following particulars: (here insert the synopsis of the charge);
and each of us for himself or herself says: I have personally
signed this petition; I am a legal voter of the State of Washington in the precinct and city (or town) and county written
after my name, and my residence address is correctly stated,
and to my knowledge, have signed this petition only once.
The petition must include a place for each petitioner to
sign and print his or her name, and the address, city, and
county at which he or she is registered to vote. [2003 c 111 §
1412; 1984 c 170 § 6; 1971 ex.s. c 205 § 4; 1965 c 9 §
29.82.030. Prior: 1913 c 146 § 4; RRS § 5353. Formerly
RCW 29.82.030.]
Severability—1971 ex.s. c 205: See note following RCW 29A.56.150.
29A.56.170 Petition—Size. Each recall petition at the
time of circulating, signing, and filing with the officer with
whom it is to be filed, must consist of not more than five
sheets with numbered lines for not more than twenty signatures on each sheet, with the prescribed warning, title, and
form of petition on each sheet, and a full, true, and correct
copy of the original statement of the charges against the
officer referred to therein, printed on sheets of paper of like
29A.56.170
(2008 Ed.)
Special Circumstances Elections
size and quality as the petition, firmly fastened together.
[2003 c 111 § 1413; 1965 c 9 § 29.82.040. Prior: 1913 c 146
§ 6; RRS § 5355. Formerly RCW 29.82.040.]
29A.56.180 Number of signatures required. When
the person, committee, or organization demanding the recall
of a public officer has secured sufficient signatures upon the
recall petition the person, committee, or organization may
submit the same to the officer with whom the charge was
filed for filing in his or her office. The number of signatures
required shall be as follows:
(1) In the case of a state officer, an officer of a city of the
first class, a member of a school board in a city of the first
class, or a county officer of a county with a population of
forty thousand or more—signatures of legal voters equal to
twenty-five percent of the total number of votes cast for all
candidates for the office to which the officer whose recall is
demanded was elected at the preceding election.
(2) In the case of an officer of any political subdivision,
city, town, township, precinct, or school district other than
those mentioned in subsection (1) of this section, and in the
case of a state senator or representative—signatures of legal
voters equal to thirty-five percent of the total number of votes
cast for all candidates for the office to which the officer
whose recall is demanded was elected at the preceding election. [2003 c 111 § 1414. Prior: 1991 c 363 § 36; 1965 c 9
§ 29.82.060; prior: 1913 c 146 § 8, part; RRS § 5357, part.
Formerly RCW 29.82.060.]
29A.56.180
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Recall of elective officers—Percentages required: State Constitution Art. 1
§ 34 (Amendment 8).
29A.56.190 Canvassing signatures—Time of—
Notice. Upon the filing of a recall petition, the officer with
whom the charge was filed shall stamp on each petition the
date of filing, and shall notify the persons filing them and the
officer whose recall is demanded of the date when the petitions will be canvassed, which date must be not less than five
or more than ten days from the date of its filing. [2003 c 111
§ 1415; 1965 c 9 § 29.82.080. Prior: 1913 c 146 § 9, part;
RRS § 5358, part. Formerly RCW 29.82.080.]
29A.56.190
29A.56.200 Verification and canvass of signatures—
Procedure—Statistical sampling. (1) Upon the filing of a
recall petition, the elections officer shall proceed to verify
and canvass the names of legal voters on the petition.
(2) The verification and canvass of signatures on the
petition may be observed by persons representing the advocates and opponents of the proposed recall so long as they
make no record of the names, addresses, or other information
on the petitions or related records during the verification process except upon the order of the superior court. The elections officer may limit the number of observers to not fewer
than two on each side, if in his or her opinion a greater number would cause undue delay or disruption of the verification
process. Any such limitation shall apply equally to both
sides. If the elections officer finds the same name signed to
more than one petition, he or she shall reject all but the first
such valid signature.
29A.56.200
(2008 Ed.)
29A.56.230
(3) Where the recall of a statewide elected official is
sought, the secretary of state may use any statistical sampling
techniques for verification and canvassing which have been
adopted by rule for canvassing initiative petitions under
RCW 29A.72.230. No petition will be rejected on the basis
of any statistical method employed. No petition will be
accepted on the basis of any statistical method employed if
such method indicates that the petition contains less than the
number of signatures of legal voters required by Article I,
section 33 (Amendment 8) of the state Constitution. [2003 c
111 § 1416. Prior: 1984 c 170 § 7; 1977 ex.s. c 361 § 107;
1965 c 9 § 29.82.090; prior: 1913 c 146 § 9, part; RRS §
5358, part. Formerly RCW 29.82.090.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
29A.56.210 Fixing date for recall election—Notice.
If, at the conclusion of the verification and canvass, it is
found that a petition for recall bears the required number of
signatures of certified legal voters, the officer with whom the
petition is filed shall promptly certify the petitions as sufficient and fix a date for the special election to determine
whether or not the officer charged shall be recalled and discharged from office. The special election shall be held not
less than forty-five nor more than sixty days from the certification and, whenever possible, on one of the dates provided
in RCW 29A.04.330, but no recall election may be held
between the date of the primary and the date of the general
election in any calendar year. Notice shall be given in the
manner as required by law for special elections in the state or
in the political subdivision, as the case may be. [2003 c 111
§ 1417. Prior: 1984 c 170 § 8; 1977 ex.s. c 361 § 108; 1971
ex.s. c 205 § 5; 1965 c 9 § 29.82.100; prior: 1913 c 146 § 9,
part; RRS § 5358, part. Formerly RCW 29.82.100.]
29A.56.210
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
Severability—1971 ex.s. c 205: See note following RCW 29A.56.150.
29A.56.220 Response to petition charges. When a
date for a special recall election is set the certifying officer
shall serve a notice of the date of the election to the officer
whose recall is demanded and the person demanding recall.
The manner of service shall be the same as for the commencement of a civil action in superior court. After having
been served a notice of the date of the election and the ballot
synopsis, the officer whose recall is demanded may submit to
the certifying officer a response, not to exceed two hundred
fifty words in length, to the charge contained in the ballot
synopsis. Such response shall be submitted by the seventh
consecutive day after service of the notice. The certifying
officer shall promptly send a copy of the response to the person who filed the petition. [2003 c 111 § 1418. Prior: 1984
c 170 § 9; 1980 c 42 § 1. Formerly RCW 29.82.105.]
29A.56.220
29A.56.230 Destruction of insufficient recall petition.
If it is found that the recall petition does not contain the requisite number of signatures of certified legal voters, the
officer shall so notify the persons filing the petition, and at
the expiration of thirty days from the conclusion of the count
the officer shall destroy the petitions unless prevented therefrom by the injunction or mandate of a court. [2003 c 111 §
29A.56.230
[Title 29A RCW—page 79]
29A.56.240
Title 29A RCW: Elections
1419; 1965 c 9 § 29.82.110. Prior: 1913 c 146 § 9, part; RRS
§ 5358, part. Formerly RCW 29.82.110.]
29A.56.240 Fraudulent names—Record of. The
officer making the canvass of a recall petition shall keep a
record of all names appearing on it that are not certified to be
legal voters of the state or of the political subdivision, as the
case may be, and of all names appearing more than once, and
shall report the same to the prosecuting attorneys of the
respective counties where the names appear to have been
signed, to the end that prosecutions may be had for the violation of this chapter. [2003 c 111 § 1420; 1965 c 9 §
29.82.120. Prior: 1913 c 146 § 10; RRS § 5359. Formerly
RCW 29.82.120.]
29A.56.240
29A.56.250 Conduct of election—Contents of ballot.
The special election for the recall of an officer shall be conducted in the same manner as a special election for that jurisdiction. The county auditor shall conduct the recall election.
The ballots at any recall election shall contain a full, true, and
correct copy of the ballot synopsis of the charge and the
officer’s response to the charge if one has been filed. [2003 c
111 § 1421. Prior: 1990 c 59 § 71; 1980 c 42 § 2; 1965 c 9 §
29.82.130; prior: 1913 c 146 § 11; RRS § 5360. See also
RCW 29.48.040. Formerly RCW 29.82.130.]
within ten days from the time the cause of complaint arises,
and shall be considered an emergency matter of public concern and take precedence over other cases, and be speedily
heard and determined. Appellate review of a decision of any
superior court shall be begun and perfected within fifteen
days after its decision in a recall election case and shall be
considered an emergency matter of public concern by the
supreme court, and heard and determined within thirty days
after the decision of the superior court. [2003 c 111 § 1423.
Prior: 1988 c 202 § 30; 1984 c 170 § 10; 1965 c 9 §
29.82.160; prior: 1913 c 146 § 14; RRS § 5363. Formerly
RCW 29.82.160.]
Rules of court: Writ procedure superseded by RAP 2.1(b), 16.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
29A.56.250
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
PRESIDENTIAL ELECTORS
29A.56.310
29A.56.310 Date of election—Number. On the Tuesday after the first Monday of November in the year in which
a president of the United States is to be elected, there shall be
elected as many electors of president and vice president of the
United States as there are senators and representatives in
Congress allotted to this state. [2003 c 111 § 1424; 1965 c 9
§ 29.71.010. Prior: 1891 c 148 § 1; RRS § 5138. Formerly
RCW 29.71.010.]
29A.56.320
29A.56.260 Ascertaining the result—When recall
effective. The votes on a recall election must be counted,
canvassed, and the results certified in the manner provided by
law for counting, canvassing, and certifying the results of an
election for the office from which the officer is being
recalled. However, if the officer whose recall is demanded is
the officer to whom, under the law, returns of elections are
made, the returns must be made to the officer with whom the
charge is filed, and who called the special election. In the
case of an election for the recall of a state officer, the county
canvassing boards of the various counties shall canvass and
return the result of the election to the officer calling the special election. If a majority of all votes cast at the recall election is for the recall of the officer charged, the officer is thereupon recalled and discharged from the office, and the office
thereupon is vacant. [2003 c 111 § 1422; 1977 ex.s. c 361 §
109; 1965 c 9 § 29.82.140. Prior: 1913 c 146 § 12; RRS §
5361. Formerly RCW 29.82.140.]
29A.56.260
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
Canvassing the returns: Chapter 29A.60 RCW.
29A.56.270 Enforcement provisions—Mandamus—
Appellate review. The superior court of the county in which
the officer subject to recall resides has original jurisdiction to
compel the performance of any act required of any public
officer or to prevent the performance by any such officer of
any act in relation to the recall not in compliance with law.
The supreme court has like original jurisdiction in relation to state officers and revisory jurisdiction over the decisions of the superior courts. Any proceeding to compel or
prevent the performance of any such act shall be begun
29A.56.270
[Title 29A RCW—page 80]
29A.56.320 Nomination—Pledge by electors—What
names on ballots—How counted. In the year in which a
presidential election is held, each major political party and
each minor political party or independent candidate convention held under chapter 29A.20 RCW that nominates candidates for president and vice president of the United States
shall nominate presidential electors for this state. The party
or convention shall file with the secretary of state a certificate
signed by the presiding officer of the convention at which the
presidential electors were chosen, listing the names and
addresses of the presidential electors. Each presidential elector shall execute and file with the secretary of state a pledge
that, as an elector, he or she will vote for the candidates nominated by that party. The names of presidential electors shall
not appear on the ballots. The votes cast for candidates for
president and vice president of each political party shall be
counted for the candidates for presidential electors of that
political party. [2003 c 111 § 1425. Prior: 1990 c 59 § 69;
1977 ex.s. c 238 § 1; 1965 c 9 § 29.71.020; prior: 1935 c 20
§ 1; RRS § 5138-1. Formerly RCW 29.71.020.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.56.330
29A.56.330 Counting and canvassing the returns.
The votes for candidates for president and vice president
must be canvassed under chapter 29A.60 RCW. The secretary of state shall prepare three lists of names of electors
elected and affix the seal of the state. The lists must be signed
by the governor and secretary of state and by the latter delivered to the college of electors at the hour of their meeting.
[2003 c 111 § 1426; 1965 c 9 § 29.71.030. Prior: 1935 c 20
§ 2; RRS § 5139; prior: 1891 c 148 § 2. Formerly RCW
29.71.030.]
(2008 Ed.)
Special Circumstances Elections
29A.56.340 Meeting—Time—Procedure—Voting
for nominee of other party, penalty. The electors of the
president and vice president shall convene at the seat of government on the day fixed by federal statute, at the hour of
twelve o’clock noon of that day. If there is any vacancy in the
office of an elector occasioned by death, refusal to act,
neglect to attend, or otherwise, the electors present shall
immediately proceed to fill it by voice vote, and plurality of
votes. When all of the electors have appeared and the vacancies have been filled they shall constitute the college of electors of the state of Washington, and shall proceed to perform
the duties required of them by the Constitution and laws of
the United States. Any elector who votes for a person or persons not nominated by the party of which he or she is an elector is subject to a civil penalty of up to one thousand dollars.
[2003 c 111 § 1427; 1977 ex.s. c 238 § 2; 1965 c 9 §
29.71.040. Prior: 1909 c 22 § 1; 1891 c 148 § 3; RRS § 5140.
Formerly RCW 29.71.040.]
29A.56.340
29A.56.460
tion of the United States to be ratified or rejected by a convention, the governor shall issue a proclamation fixing the
time and place for holding the convention and fixing the time
for holding an election to elect delegates to the convention.
[2003 c 111 § 1430; 1965 c 9 § 29.74.010. Prior: 1933 c 181
§ 1, part; RRS § 5249-1, part. Formerly RCW 29.74.010.]
29A.56.420 Governor’s proclamation calling convention—Publication. The proclamation shall be published
once each week for two successive weeks in one newspaper
published and of general circulation in each of the congressional districts of the state. The first publication of the proclamation shall be within thirty days of the receipt of official
notice by the state of the submission of the amendment.
[2003 c 111 § 1431. Prior: 1965 c 9 § 29.74.020; prior: 1933
c 181 § 1, part; RRS § 5249-1, part. Formerly RCW
29.74.020.]
29A.56.420
29A.56.430 Election of convention delegates—Date.
The date for holding the election of delegates must be not less
than one month nor more than six weeks before the date of
holding the convention. If a general election is to be held not
more than six months nor less than three months from the
date of official notice of submission to the state of the proposed amendment, the governor must fix the date of the general election as the date for the election of delegates to the
convention. [2003 c 111 § 1432; 1965 c 9 § 29.74.030. Prior:
(i) 1933 c 181 § 1, part; RRS § 5249-1, part. (ii) 1933 c 181
§ 9; RRS § 5249-9. Formerly RCW 29.74.030.]
29A.56.430
29A.56.350 Compensation. Every presidential elector
who attends at the time and place appointed, and gives his or
her vote for president and vice president, is entitled to receive
from this state, five dollars for each day’s attendance at the
meeting of the college of electors, and ten cents per mile for
travel by the usually traveled route in going to and returning
from the place where the electors meet. [2003 c 111 § 1428;
1965 c 9 § 29.71.050. Prior: 1891 c 148 § 4; RRS § 5141.
Formerly RCW 29.71.050.]
29A.56.350
29A.56.360 Slate of presidential electors. In a year in
which the president and vice president of the United States
are to be elected, the secretary of state shall include in the certification prepared under *RCW 29A.52.320 the names of all
candidates for president and vice president who, at least fifty
days before the general election, have certified a slate of electors to the secretary of state under RCW 29A.56.320 and
have been nominated either (1) by a major political party, as
certified by the appropriate authority under party rules, or (2)
by a minor party or as independent candidates under chapter
29A.20 RCW. Major or minor political parties or independent presidential candidates may substitute a different candidate for vice president for the one whose name appears on the
party’s certification or nominating petition at any time before
forty-five days before the general election, by certifying the
change to the secretary of state. Substitutions must not be
permitted to delay the printing of either ballots or a voters’
pamphlet. Substitutions are valid only if submitted under
oath and signed by the same individual who originally certified the nomination, or his or her documented successor, and
only if the substitute candidate consents in writing. [2003 c
111 § 1429. Prior: 2001 c 30 § 1. Formerly RCW
29.27.140.]
29A.56.360
*Reviser’s note: RCW 29A.52.320 was repealed by 2004 c 271 § 193.
Later enactment, see RCW 29A.52.321.
CONSTITUTIONAL AMENDMENT CONVENTIONS
29A.56.410 Governor’s proclamation calling convention—When. Within thirty days after the state is officially
notified that the Congress of the United States has submitted
to the several states a proposed amendment to the Constitu29A.56.410
(2008 Ed.)
29A.56.440 Time and place for convention. The convention shall be held not less than five nor more than eight
months from the date of the first publication of the proclamation provided for in RCW 29A.56.420. It shall be held in the
chambers of the state house of representatives unless the governor shall select some other place at the state capitol. [2003
c 111 § 1433. Prior: 1965 c 9 § 29.74.040; prior: 1933 c 181
§ 1, part; RRS § 5249-1, part. Formerly RCW 29.74.040.]
29A.56.440
29A.56.450 Delegates—Number and qualifications.
Each state representative district shall be entitled to as many
delegates in the convention as it has members in the house of
representatives of the state legislature. No person shall be
qualified to act as a delegate in said convention who does not
possess the qualifications required of representatives in the
state legislature from the same district. [2003 c 111 § 1434.
Prior: 1965 c 9 § 29.74.050; prior: 1933 c 181 § 2; RRS §
5249-2. Formerly RCW 29.74.050.]
29A.56.450
Qualifications of legislators: State Constitution Art. 2 § 7.
Subversive activities, disqualification from holding public office: RCW
9.81.040.
29A.56.460 Delegates—Declarations of candidacy.
Anyone desiring to file as a candidate for election as a delegate to the convention shall, not less than thirty nor more than
sixty days before the date fixed for holding the election, file a
declaration of candidacy with the secretary of state. Filing
must be made on a form to be prescribed by the secretary of
state and include a sworn statement of the candidate as being
either for or against the amendment that will be submitted to
29A.56.460
[Title 29A RCW—page 81]
29A.56.470
Title 29A RCW: Elections
a vote of the convention and that the candidate will, if elected
as a delegate, vote in accordance with the declaration. The
form must be so worded that the candidate must give a plain
unequivocal statement of his or her views as either for or
against the proposal upon which he or she will, if elected, be
called upon to vote. No candidate may in any such filing
make any statement or declaration as to party politics or political faith or beliefs. The fee for filing as a candidate is ten
dollars and must be transmitted to the secretary of state with
the filing papers and be by the secretary of state transmitted
to the state treasurer for the use of the general fund. [2003 c
111 § 1435; 1965 c 9 § 29.74.060. Prior: 1933 c 181 § 3;
RRS § 5249-3. Formerly RCW 29.74.060.]
29A.56.470 Election of delegates—Administration.
The election of delegates to the convention must as far as
practicable, be administered, except as otherwise provided in
this chapter, in the same manner as a general election under
the election laws of this state. [2003 c 111 § 1436; 1965 c 9
§ 29.74.070. Prior: 1933 c 181 § 4, part; RRS § 5249-4, part.
Formerly RCW 29.74.070.]
29A.56.470
29A.56.480 Election of delegates—Ballots. The issue
shall be identified as, "Delegates to a convention for ratification or rejection of a proposed amendment to the United
States Constitution, relating . . . . . . . . . . . (stating briefly the
substance of amendment proposed for adoption or rejection)." The names of all candidates who have filed in a district shall be printed on the ballots for that district in two separate groups under the headings, "For the amendment" and
"Against the amendment." The names of the candidates in
each group shall be printed in alphabetical order. [2003 c 111
§ 1437. Prior: 1990 c 59 § 70; 1965 c 9 § 29.74.080; prior:
1933 c 181 § 4, part; RRS § 5249-4, part. Formerly RCW
29.74.080.]
"for" or "against") that received an aggregate number of votes
for all candidates in the group greater than the aggregate
number of votes for all the candidates in the other group. The
secretary of state shall issue certificates of election to the delegates so elected. [2003 c 111 § 1438; 1965 c 9 § 29.74.100.
Prior: 1933 c 181 § 6; RRS § 5249-6. Formerly RCW
29.74.100.]
29A.56.500 Meeting—Organization. The convention
shall meet at the time and place fixed in the governor’s proclamation. The secretary of state shall call it to order, who
shall then call the roll of the delegates and preside over the
convention until its president is elected. The chief justice of
the supreme court shall administer the oath of office to the
delegates. As far as practicable, the convention shall proceed
under the rules adopted by the last preceding session of the
state senate. The convention shall elect a president and a secretary and shall thereafter and thereupon proceed with a publicly recorded voice vote upon the proposition submitted by
the Congress of the United States. [2003 c 111 § 1439; 1965
c 9 § 29.74.110. Prior: 1933 c 181 § 7, part; RRS § 5249-7,
part. Formerly RCW 29.74.110.]
29A.56.500
29A.56.480
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Ballots: Chapter 29A.36 RCW.
29A.56.490 Election of delegates—Ascertaining
result. The election officials shall count and determine the
number of votes cast for each individual; and shall also count
and determine the aggregate number of votes cast for all candidates whose names appear under each of the respective
headings. Where more than the required number have been
voted for, the ballot must be rejected. The figures determined
by the various counts must be entered in the poll books of the
respective precincts. The vote must be canvassed in each
county by the county canvassing board, and certificate of
results must within fifteen days after the election be transmitted to the secretary of state. Upon receiving the certificate,
the secretary of state may require returns or poll books from
any county precinct to be forwarded for the secretary’s examination.
Where a district embraces precincts of more than one
county, the secretary of state shall combine the votes from all
the precincts included in each district. The delegates elected
in each district will be the number of candidates corresponding to the number of state representatives from the district,
who receive the highest number of votes in the group (either
29A.56.490
[Title 29A RCW—page 82]
29A.56.510 Quorum—Proceedings—Record. Twothirds of the elected members of said convention shall constitute a quorum to do business, and a majority of those elected
shall be sufficient to adopt or reject any proposition coming
before the convention. If such majority votes in favor of the
ratification of the amendment submitted to the convention,
the said amendment shall be deemed ratified by the state of
Washington; and if a majority votes in favor of rejecting or
not ratifying the amendment, the same shall be deemed
rejected by the state of Washington. [2003 c 111 § 1440.
Prior: 1965 c 9 § 29.74.120; prior: 1933 c 181 § 8, part; RRS
§ 5249-8, part. Formerly RCW 29.74.120.]
29A.56.510
29A.56.520 Certification and transmittal of result.
The vote of each member shall be recorded in the journal of
the convention, which shall be preserved by the secretary of
state as a public document. The action of the convention
shall be enrolled, signed by its president and secretary and
filed with the secretary of state and it shall be the duty of the
secretary of state to properly certify the action of the convention to the Congress of the United States as provided by general law. [2003 c 111 § 1441; 1965 c 9 § 29.74.130. Prior:
(i) 1933 c 181 § 7, part; RRS § 5249-7, part. (ii) 1933 c 181
§ 8, part; RRS § 5249-8, part. Formerly RCW 29.74.130.]
29A.56.520
29A.56.530 Expenses—How paid—Delegates receive
filing fee. The delegates attending the convention shall be
paid the amount of their filing fee, upon vouchers approved
by the president and secretary of the convention and state
warrants issued thereon and payable from the general fund of
the state treasury. The delegates shall receive no other compensation or mileage. All other necessary expenses of the
convention shall be payable from the general fund of the state
upon vouchers approved by the president and secretary of the
convention. [2003 c 111 § 1442. Prior: 1965 c 9 §
29.74.140; prior: 1933 c 181 § 10; RRS § 5249-10. Formerly
RCW 29.74.140.]
29A.56.530
(2008 Ed.)
Canvassing
29A.56.540 Federal statutes controlling. If a congressional measure, which submits to the several states an amendment to the Constitution of the United States for ratification
or rejection, provides for or requires a different method of
calling and holding conventions to ratify or reject said
amendment, the requirements of said congressional measure
shall be followed so far as they conflict with the provisions of
this chapter. [2003 c 111 § 1443. Prior: 1965 c 9 §
29.74.150; prior: 1933 c 181 § 11; RRS § 5249-11. Formerly
RCW 29.74.150.]
29A.56.540
Chapter 29A.60
Chapter 29A.60 RCW
CANVASSING
Sections
29A.60.010
29A.60.021
29A.60.030
29A.60.040
29A.60.050
29A.60.060
29A.60.070
29A.60.080
29A.60.090
29A.60.095
29A.60.100
29A.60.110
29A.60.120
29A.60.125
29A.60.130
29A.60.140
29A.60.150
29A.60.160
29A.60.165
29A.60.170
29A.60.180
29A.60.185
29A.60.190
29A.60.195
29A.60.200
29A.60.210
29A.60.221
29A.60.230
29A.60.235
29A.60.240
29A.60.250
29A.60.260
Conduct of elections—Canvass.
Write-in voting—Declaration of candidacy—Counting of
vote.
Tabulation continuous.
Rejection of ballots or parts—Write-in votes.
Questions on validity of ballot—Rejection—Preservation
and return.
Poll-site ballot counting devices—Results.
Returns, precinct and cumulative—Delivery.
Sealing of voting devices—Exceptions.
Voting systems—Maintenance of documents.
Electronic voting devices—Record maintenance.
Votes by stickers, printed labels, rejected.
Ballot containers, sealing, opening.
Counting ballots—Official returns.
Damaged ballots.
Certificate not withheld for informality in returns.
Canvassing board—Membership—Authority—Delegation
of authority—Rule making.
Procedure when member a candidate.
Absentee ballots.
Unsigned absentee or provisional ballots.
Counting center, direction and observation of proceedings—
Manual count of certain precincts.
Credit for voting—Retention of ballots.
Audit of results.
Certification of election results—Unofficial returns.
Provisional ballots—Disposition.
Canvassing board—Canvassing procedure—Penalty.
Recanvass—Generally.
Tie in primary or final election.
Abstract by election officer—Transmittal to secretary of
state.
Certification reports.
Secretary of state—Primary returns—State offices, etc.
Secretary of state—Final returns—Scope.
Canvass on statewide measures.
29A.60.010 Conduct of elections—Canvass. All elections, whether special or general, held under RCW
*29A.04.320 and 29A.04.330 must be conducted by the
county auditor as ex officio county supervisor of elections
and, except as provided in RCW 29A.60.240, the returns canvassed by the county canvassing board. [2003 c 111 § 1501;
1965 c 123 § 4; 1965 c 9 § 29.13.040. Prior: 1963 c 200 § 6;
1955 c 55 § 3; 1951 c 257 § 4; 1951 c 101 § 4; 1949 c 161 §
5; Rem. Supp. 1949 § 5153-1. Formerly RCW 29.13.040.]
29A.60.010
*Reviser’s note: RCW 29A.04.320 was repealed by 2004 c 271 § 193.
Later enactment, see RCW 29A.04.321.
29A.60.021 Write-in voting—Declaration of candidacy—Counting of vote. (1) For any office at any election
or primary, any voter may write in on the ballot the name of
any person for an office who has filed as a write-in candidate
for the office in the manner provided by RCW 29A.24.311
29A.60.021
(2008 Ed.)
29A.60.030
and such vote shall be counted the same as if the name had
been printed on the ballot and marked by the voter. No writein vote made for any person who has not filed a declaration of
candidacy pursuant to RCW 29A.24.311 is valid if that person filed for the same office, either as a regular candidate or
a write-in candidate, at the preceding primary. Any abbreviation used to designate office or position will be accepted if
the canvassing board can determine, to its satisfaction, the
voter’s intent.
(2) The number of write-in votes cast for each office
must be recorded and reported with the canvass for the election.
(3) A write-in vote for an individual candidate for an
office whose name appears on the ballot for that same office
is a valid vote for that candidate as long as the candidate’s
name is clearly discernible, even if other requirements of
RCW 29A.24.311 are not satisfied and even if the voter also
marked a vote for that candidate such as to register an overvote. These votes need not be tabulated unless: (a) The difference between the number of votes cast for the candidate
apparently qualified to appear on the general election ballot
or elected and the candidate receiving the next highest number of votes is less than the sum of the total number of writein votes cast for the office plus the overvotes and undervotes
recorded by the vote tabulating system; or (b) a manual
recount is conducted for that office.
(4) Write-in votes cast for an individual candidate for an
office whose name does not appear on the ballot need not be
tallied unless the total number of write-in votes and undervotes recorded by the vote tabulation system for the office is
greater than the number of votes cast for the candidate apparently qualified to appear on the general election ballot or
elected.
(5) In the case of write-in votes for a statewide office or
any office whose jurisdiction encompasses more than one
county, write-in votes for an individual candidate must be tallied when the county auditor is notified by either the secretary
of state or another county auditor in the multicounty jurisdiction that it appears that the write-in votes must be tabulated
under the terms of this section. In all other cases, the county
auditor determines when write-in votes must be tabulated.
Any abstract of votes must be modified to reflect the tabulation and certified by the canvassing board. Tabulation of
write-in votes may be performed simultaneously with a
recount. [2005 c 243 § 12; 2004 c 271 § 147.]
29A.60.030 Tabulation continuous. Except as provided by rule under *RCW 29A.04.610, on the day of the primary or election, the tabulation of ballots at the polling place
or at the counting center shall proceed without interruption or
adjournment until all of the ballots cast at the polls at that primary or election have been tabulated. [2004 c 266 § 16; 2003
c 111 § 1503. Prior: 1990 c 59 § 58. Formerly RCW
29.54.042.]
29A.60.030
*Reviser’s note: RCW 29A.04.610 was amended by 2004 c 267 § 702
and repealed by 2004 c 271 § 193. RCW 29A.04.610 was subsequently
repealed by 2006 c 206 § 9. Later enactment, see RCW 29A.04.611.
Effective date—2004 c 266: See note following RCW 29A.04.575.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
[Title 29A RCW—page 83]
29A.60.040
Title 29A RCW: Elections
29A.60.040 Rejection of ballots or parts—Write-in
votes. A ballot is invalid and no votes on that ballot may be
counted if it is found folded together with another ballot or it
is marked so as to identify the voter.
Those parts of a ballot are invalid and no votes may be
counted for those issues or offices where more votes are cast
for the office or issue than are permitted by law; write-in
votes do not contain all of the information required under
*RCW 29A.60.020; or that issue or office is not marked with
sufficient definiteness to determine the voter’s choice or
intention. No write-in vote may be rejected due to a variation
in the form of the name if the election board or the canvassing
board can determine the issue for or against which or the person and the office for which the voter intended to vote. [2003
c 111 § 1504. Prior: 1999 c 158 § 13; 1999 c 157 § 4; 1990
c 59 § 56; 1977 ex.s. c 361 § 88; 1973 1st ex.s. c 121 § 2;
1965 ex.s. c 101 § 11; 1965 c 9 § 29.54.050; prior: (i) Code
1881 § 3091; 1865 p 38 § 2; RRS § 5336. (ii) 1895 c 156 §
10; 1889 p 411 § 29; RRS § 5294. (iii) 1905 c 39 § 1, part;
1889 p 405 § 15, part; RRS § 5272, part. (iv) 1895 c 156 §
11, part; 1886 p 128 § 1, part; Code 1881 § 3079, part; 1865
p 34 § 4, part; RRS § 5323, part. Formerly RCW 29.54.050.]
Reviser’s note: This section was amended by 2005 c 243 § 14 and by
2005 c 274 § 249, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
*Reviser’s note: RCW 29A.60.020 was repealed by 2004 c 271 § 193.
Later enactment, see RCW 29A.60.021.
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.60.040
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
29A.60.050 Questions on validity of ballot—Rejection—Preservation and return. Whenever the precinct
election officers or the counting center personnel have a
question about the validity of a ballot or the votes for an
office or issue that they are unable to resolve, they shall prepare and sign a concise record of the facts in question or dispute. These ballots shall be delivered to the canvassing board
for processing. A ballot is not considered rejected until the
canvassing board has rejected the ballot individually, or the
ballot was included in a batch or on a report of ballots that
was rejected in its entirety by the canvassing board. All ballots shall be preserved in the same manner as valid ballots for
that primary or election. [2005 c 243 § 13; 2003 c 111 §
1505. Prior: 1990 c 59 § 57; 1977 ex.s. c 361 § 89; 1965 c 9
§ 29.54.060; prior: Code 1881 § 3080, part; 1865 p 34 § 5,
part; RRS § 5324, part. Formerly RCW 29.54.060.]
29A.60.050
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
29A.60.060 Poll-site ballot counting devices—
Results. After the close of the polls, counties employing
poll-site ballot counting devices may telephonically or electronically transmit the accumulated tally for each device to a
central reporting location. Before making a telephonic or
electronic transmission the precinct election officer must create a printed record of the results of the election for that poll
site. During the canvassing period the results transmitted
telephonically or electronically must be considered unofficial
until a complete reconciliation of the results has been performed. This reconciliation may be accomplished by a direct
29A.60.060
[Title 29A RCW—page 84]
loading of the results from the memory pack into the central
accumulator, or a comparison of the report produced at the
poll site on election night with the results received by the central accumulating device. [2003 c 111 § 1506. Prior: 1999 c
158 § 12. Formerly RCW 29.54.097.]
Memory pack from poll-site counting device: RCW 29A.44.330.
29A.60.070 Returns, precinct and cumulative—
Delivery. The county auditor shall produce cumulative and
precinct returns for each primary and election and deliver
them to the canvassing board for verification and certification. The precinct and cumulative returns of any primary or
election are public records under chapter 42.56 RCW.
Cumulative returns for state offices, judicial offices, the
United States senate, and congress must be electronically
transmitted to the secretary of state immediately. [2005 c 274
§ 249; 2005 c 243 § 14; 2003 c 111 § 1507. Prior: 1990 c 59
§ 60. Formerly RCW 29.54.105.]
29A.60.070
29A.60.080 Sealing of voting devices—Exceptions.
Except for reopening to make a recanvass, the registering
mechanism of each mechanical voting device used in any primary or election shall remain sealed until ten days after the
completion of the canvass of that primary or election in that
county. Except where provided by a rule adopted under
*RCW 29A.04.610, voting devices used in a primary or election shall remain sealed until ten days after the completion of
the canvass of that primary or election in that county. [2004
c 266 § 17; 2003 c 111 § 1508. Prior: 1990 c 59 § 24; 1965
c 9 § 29.33.230; prior: 1917 c 7 § 1, part; 1913 c 58 § 15,
part; RRS § 5315, part. Formerly RCW 29.54.121,
29.33.230.]
29A.60.080
*Reviser’s note: RCW 29A.04.610 was amended by 2004 c 267 § 702
and repealed by 2004 c 271 § 193. RCW 29A.04.610 was subsequently
repealed by 2006 c 206 § 9. Later enactment, see RCW 29A.04.611.
Effective date—2004 c 266: See note following RCW 29A.04.575.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.60.090 Voting systems—Maintenance of documents. In counties using voting systems, the county auditor
shall maintain the following documents for at least sixty days
after the primary or election:
(1) Sample ballot formats together with a record of the
format or formats assigned to each precinct;
(2) All programming material related to the control of
the vote tallying system for that primary or election; and
(3) All test materials used to verify the accuracy of the
tabulating equipment as required by RCW 29A.12.130.
[2003 c 111 § 1509. Prior: 1990 c 59 § 61; 1977 ex.s. c 361
§ 94. Formerly RCW 29.54.170.]
29A.60.090
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
(2008 Ed.)
Canvassing
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
29A.60.095 Electronic voting devices—Record maintenance. (1) The electronic record produced and counted by
electronic voting devices is the official record of each vote
for election purposes. The paper record produced under
RCW 29A.12.085 must be stored and maintained for use only
in the following circumstances:
(a) In the event of a manual recount;
(b) By order of the county canvassing board;
(c) By order of a court of competent jurisdiction; or
(d) For use in the random audit of results described in
RCW 29A.60.185.
(2) When such paper record is used in any of the circumstances listed in subsection (1) of this section, it shall be the
official record of the election. [2005 c 242 § 3.]
29A.60.095
Preservation: RCW 29A.44.045.
Required: RCW 29A.12.085.
Unauthorized removal of paper record from polling place: RCW
29A.84.545.
29A.60.100 Votes by stickers, printed labels,
rejected. Votes cast by stickers or printed labels are not valid
for any purpose and shall be rejected. Votes cast by sticker or
label shall not affect the validity of other offices or issues on
the voter’s ballot. [2003 c 111 § 1510. Prior: 1990 c 59 § 46;
1965 ex.s. c 101 § 16. Formerly RCW 29.51.175.]
29A.60.100
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.60.110 Ballot containers, sealing, opening.
Immediately after their tabulation, all ballots counted at a ballot counting center must be sealed in containers that identify
the primary or election and be retained for at least sixty days
or according to federal law, whichever is longer. All ballots
tallied by poll-site ballot counting devices must be returned
to the elections department in sealed ballot containers on
election day. Counties composed entirely of islands or portions of counties composed of islands shall collect the ballots
within twenty-four hours of the close of the polls.
Ballots tabulated in poll-site ballot counting devices
must be sealed by two of the election precinct officers at the
polling place, and a log of the seal and the names of the people sealing the container must be completed. One copy of
this log must be retained by the inspector, one copy must be
placed in the ballot transfer case, and one copy must be transported with the ballots to the elections department, where the
seal number must be verified by the county auditor or a designated representative. Ballots may be transported by one
election employee if the container is sealed at the poll and
then verified when returned to the elections department.
Auditors using poll-site ballot counting devices may conduct
early pickup of counted ballots on election day.
In the presence of major party observers who are available, ballots may be removed from the sealed containers at
the elections department and consolidated into one sealed
container for storage purposes. The containers may only be
opened by the canvassing board as part of the canvass, or to
conduct recounts, or under RCW 29A.60.170(3), or by order
of the superior court in a contest or election dispute. If the
29A.60.110
(2008 Ed.)
29A.60.125
canvassing board opens a ballot container, it shall make a full
record of the additional tabulation or examination made of
the ballots. This record must be added to any other record of
the canvassing process in that county. [2003 c 111 § 1511;
1999 c 158 § 14; 1990 c 59 § 59. Formerly RCW 29.54.075.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.60.120
29A.60.120 Counting ballots—Official returns. (1)
The ballots picked up from the precincts during the polling
hours may be counted only at the counting center before the
polls have closed. Election returns from the count of these
ballots must be held in secrecy until the polls have been
closed.
(2) Upon breaking the seals and opening the ballot containers from the precincts, all voted ballots must be manually
inspected for damage, write-in votes, and incorrect or incomplete marks. If it is found that any ballot is damaged so that
it cannot properly be counted by the vote tallying system, a
true duplicate copy must be made of the damaged ballot in
the presence of witnesses and substituted for the damaged
ballot. All damaged ballots must be kept by the county auditor until sixty days after the primary or election or according
to federal law, whichever is longer.
(3) The returns produced by the vote tallying system, to
which have been added the counts of questioned ballots,
write-in votes, and absentee votes, constitute the official
returns of the primary or election in that county. [2003 c 111
§ 1512; 1999 c 158 § 15; 1990 c 59 § 33; 1977 ex.s. c 361 §
74. Formerly RCW 29.54.085, 29.34.167.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
29A.60.125
29A.60.125 Damaged ballots. If inspection of the ballot reveals a physically damaged ballot or ballot that may be
otherwise unreadable or uncountable by the tabulating system, the county auditor may refer the ballot to the county canvassing board or duplicate the ballot if so authorized by the
county canvassing board. The voter’s original ballot may not
be altered. A ballot may be duplicated only if the intent of the
voter’s marks on the ballot is clear and the electronic voting
equipment might not otherwise properly tally the ballot to
reflect the intent of the voter. Ballots must be duplicated by
teams of two or more people working together. When duplicating ballots, the county auditor shall take the following
steps to create and maintain an audit trail of the action taken:
(1) Each original ballot and duplicate ballot must be
assigned the same unique control number, with the number
being marked upon the face of each ballot, to ensure that each
duplicate ballot may be tied back to the original ballot;
(2) A log must be kept of the ballots duplicated, which
must at least include:
(a) The control number of each original ballot and the
corresponding duplicate ballot;
(b) The initials of at least two people who participated in
the duplication of each ballot; and
(c) The total number of ballots duplicated.
[Title 29A RCW—page 85]
29A.60.130
Title 29A RCW: Elections
Original and duplicate ballots must be sealed in secure
storage at all times, except during duplication, inspection by
the canvassing board, or tabulation. [2005 c 243 § 10.]
29A.60.130
29A.60.130 Certificate not withheld for informality
in returns. No certificate shall be withheld on account of
any defect or informality in the returns of any election, if it
can with reasonable certainty be ascertained from such return
what office is intended, and who is entitled to such certificate,
nor shall any commission be withheld by the governor on
account of any defect or informality of any return made to the
office of the secretary of state. [2003 c 111 § 1513. Prior:
1965 c 9 § 29.27.120; prior: Code 1881 § 3102; 1865 p 41 §
13; RRS § 5347. Formerly RCW 29.27.120.]
29A.60.140
29A.60.140 Canvassing board—Membership—
Authority—Delegation of authority—Rule making. (1)
Members of the county canvassing board are the county auditor, who is the chair, the county prosecuting attorney, and the
chair of the county legislative body. If a member of the board
is not available to carry out the duties of the board, then the
auditor may designate a deputy auditor, the prosecutor may
designate a deputy prosecuting attorney, and the chair of the
county legislative body may designate another member of the
county legislative body or, in a county with a population over
one million, an employee of the legislative body who reports
directly to the chair. An "employee of the legislative body"
means an individual who serves in any of the following positions: Chief of staff; legal counsel; clerk of the council; policy staff director; and any successor positions to these positions should these original positions be changed. Any such
designation may be made on an election-by-election basis or
may be on a permanent basis until revoked by the designating
authority. Any such designation must be in writing, and if for
a specific election, must be filed with the county auditor not
later than the day before the first day duties are to be undertaken by the canvassing board. If the designation is permanent until revoked by the designating authority, then the designation must be on file in the county auditor’s office no later
than the day before the first day the designee is to undertake
the duties of the canvassing board. Members of the county
canvassing board designated by the county auditor, county
prosecuting attorney, or chair of the county legislative body
shall complete training as provided in RCW 29A.04.540 and
shall take an oath of office similar to that taken by county
auditors and deputy auditors in the performance of their
duties.
(2) The county canvassing board may adopt rules that
delegate in writing to the county auditor or the county auditor’s staff the performance of any task assigned by law to the
canvassing board.
(3) The county canvassing board may not delegate the
responsibility of certifying the returns of a primary or election, of determining the validity of challenged ballots, or of
determining the validity of provisional ballots referred to the
board by the county auditor.
(4) The county canvassing board shall adopt administrative rules to facilitate and govern the canvassing process in
that jurisdiction.
[Title 29A RCW—page 86]
(5) Meetings of the county canvassing board are public
meetings under chapter 42.30 RCW. All rules adopted by the
county canvassing board must be adopted in a public meeting
under chapter 42.30 RCW, and once adopted must be available to the public to review and copy under chapter 42.56
RCW. [2008 c 308 § 1; 2005 c 274 § 250; 2003 c 111 §
1514.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
29A.60.150 Procedure when member a candidate.
The members of the county canvassing board may not
include individuals who are candidates for an office to be
voted upon at the primary or election. If no individual is
available to serve on the canvassing board who is not a candidate at the primary or election the individual who is a candidate must not make decisions regarding the determination
of a voter’s intent with respect to a vote cast for that specific
office; the decision must be made by the other two members
of the board. If the two disagree, the vote must not be
counted unless the number of those votes could affect the
result of the primary or election, in which case the secretary
of state or a designee shall make the decision on those votes.
This section does not restrict participation in decisions as to
the acceptance or rejection of entire ballots, unless the office
in question is the only one for which the voter cast a vote.
[2003 c 111 § 1515; 1995 c 139 § 3; 1965 c 9 § 29.62.030.
Prior: 1957 c 195 § 16; prior: (i) Code 1881 § 3098; 1865 p
39 § 8; RRS § 5345. (ii) 1919 c 163 § 21, part; Code 1881 §
3095, part; 1868 p 20 § 1, part; 1865 p 39 § 6, part; RRS §
5340, part. Formerly RCW 29.62.030.]
29A.60.150
29A.60.160 Absentee ballots. (Expires July 1, 2013.)
(1) Except for an election conducted under the instant runoff
voting method for the pilot project authorized by RCW
29A.53.020, the county auditor, as delegated by the county
canvassing board, shall process absentee ballots and canvass
the votes cast at that primary or election on a daily basis in
counties with a population of seventy-five thousand or more,
or at least every third day for counties with a population of
less than seventy-five thousand, if the county auditor is in
possession of more than five hundred ballots that have yet to
be canvassed.
(2) Saturdays, Sundays, and legal holidays are not
counted for purposes of this section.
(3) In order to protect the secrecy of a ballot, the county
auditor may use discretion to decide when to process absentee ballots and canvass the votes.
(4) Tabulation results must be made available to the public immediately upon completion of the canvass. [2007 c 373
§ 1. Prior: 2005 c 243 § 15; 2005 c 153 § 11; 2003 c 111 §
1516; 1999 c 259 § 4; 1995 c 139 § 2; 1987 c 54 § 2; 1965 c
9 § 29.62.020; prior: 1957 c 195 § 15; prior: 1919 c 163 §
21, part; Code 1881 § 3095, part; 1868 p 20 § 1, part; 1865 p
39 § 6, part; RRS § 5340, part. Formerly RCW 29.62.020.]
29A.60.160
Expiration date—2007 c 373 § 1: "Section 1 of this act expires July 1,
2013." [2007 c 373 § 4.]
Expiration date—2005 c 153 §§ 11 and 12: "Sections 11 and 12 of
this act expire July 1, 2013." [2005 c 153 § 14.]
Captions not law—Severability—2005 c 153: See RCW 29A.53.901
and 29A.53.902.
(2008 Ed.)
Canvassing
Absentee ballots, canvassing: RCW 29A.40.110.
29A.60.160 Absentee ballots. (Effective July 1, 2013.)
(1) The county auditor, as delegated by the county canvassing
board, shall process absentee ballots and canvass the votes
cast at that primary or election on a daily basis in counties
with a population of seventy-five thousand or more, or at
least every third day for counties with a population of less
than seventy-five thousand, if the county auditor is in possession of more than five hundred ballots that have yet to be canvassed.
(2) Saturdays, Sundays, and legal holidays are not
counted for purposes of this section.
(3) In order to protect the secrecy of a ballot, the county
auditor may use discretion to decide when to process absentee ballots and canvass the votes.
(4) Tabulation results must be made available to the public immediately upon completion of the canvass. [2007 c 373
§ 2; 2005 c 243 § 15; 2003 c 111 § 1516; 1999 c 259 § 4; 1995
c 139 § 2; 1987 c 54 § 2; 1965 c 9 § 29.62.020. Prior: 1957
c 195 § 15; prior: 1919 c 163 § 21, part; Code 1881 § 3095,
part; 1868 p 20 § 1, part; 1865 p 39 § 6, part; RRS § 5340,
part. Formerly RCW 29.62.020.]
29A.60.160
Effective date—2007 c 373 § 2: "Section 2 of this act takes effect July
1, 2013." [2007 c 373 § 5.]
Absentee ballots, canvassing: RCW 29A.40.110.
29A.60.165 Unsigned absentee or provisional ballots.
(1) If the voter neglects to sign the outside envelope of an
absentee or provisional ballot, the auditor shall notify the
voter by first-class mail and advise the voter of the correct
procedures for completing the unsigned affidavit. If the
absentee ballot is received within three business days of the
final meeting of the canvassing board, or the voter has been
notified by first-class mail and has not responded at least
three business days before the final meeting of the canvassing
board, then the auditor shall attempt to notify the voter by
telephone, using the voter registration record information. In
order for the ballot to be counted, the voter must either:
(a) Appear in person and sign the envelope no later than
the day before the certification of the primary or election; or
(b) Sign a copy of the envelope provided by the auditor,
and return it to the auditor no later than the day before the certification of the primary or election.
(2)(a) If the handwriting of the signature on an absentee
or provisional ballot envelope is not the same as the handwriting of the signature on the registration file, the auditor
shall notify the voter by first-class mail, enclosing a copy of
the envelope affidavit, and advise the voter of the correct procedures for updating his or her signature on the voter registration file. If the absentee or provisional ballot is received
within three business days of the final meeting of the canvassing board, or the voter has been notified by first-class
mail and has not responded at least three business days before
the final meeting of the canvassing board, then the auditor
shall attempt to notify the voter by telephone, using the voter
registration record information. In order for the ballot to be
counted, the voter must either:
(i) Appear in person and sign a new registration form no
later than the day before the certification of the primary or
election; or
29A.60.165
(2008 Ed.)
29A.60.170
(ii) Sign a copy of the affidavit provided by the auditor
and return it to the auditor no later than the day before the certification of the primary or election. The voter may enclose
with the affidavit a photocopy of a valid government or tribal
issued identification document that includes the voter’s current signature. If the signature on the copy of the affidavit
does not match the signature on file or the signature on the
copy of the identification document, the voter must appear in
person and sign a new registration form no later than the day
before the certification of the primary or election in order for
the ballot to be counted.
(b) If the signature on an absentee or provisional ballot
envelope is not the same as the signature on the registration
file because the name is different, the ballot may be counted
as long as the handwriting is clearly the same. The auditor
shall send the voter a change-of-name form under RCW
29A.08.440 and direct the voter to complete the form.
(c) If the signature on an absentee or provisional ballot
envelope is not the same as the signature on the registration
file because the voter used initials or a common nickname,
the ballot may be counted as long as the surname and handwriting are clearly the same.
(3) A voter may not cure a missing or mismatched signature for purposes of counting the ballot in a recount.
(4) A record must be kept of all ballots with missing and
mismatched signatures. The record must contain the date on
which the voter was contacted or the notice was mailed, as
well as the date on which the voter signed the envelope, a
copy of the envelope, a new registration form, or a change-ofname form. That record is a public record under chapter
42.56 RCW and may be disclosed to interested parties on
written request. [2006 c 209 § 4; 2006 c 208 § 1; 2005 c 243
§ 8.]
Reviser’s note: This section was amended by 2006 c 208 § 1 and by
2006 c 209 § 4, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2006 c 209: See RCW 42.56.903.
29A.60.170 Counting center, direction and observation of proceedings—Manual count of certain precincts.
(1) The counting center in a county using voting systems is
under the direction of the county auditor and must be
observed by one representative from each major political
party, if representatives have been appointed by the respective major political parties and these representatives are
present while the counting center is operating. The proceedings must be open to the public, but no persons except those
employed and authorized by the county auditor may touch
any ballot or ballot container or operate a vote tallying system.
(2) In counties in which ballots are not counted at the
polling place, the official political party observers, upon
mutual agreement, may request that a precinct be selected at
random on receipt of the ballots from the polling place and
that a manual count be made of the number of ballots and of
the votes cast on any office or issue. The ballots for that precinct must then be counted by the vote tallying system, and
this result will be compared to the results of the manual
count. This may be done as many as three times during the
tabulation of ballots on the day of the primary or election.
29A.60.170
[Title 29A RCW—page 87]
29A.60.180
Title 29A RCW: Elections
(3) In counties using poll-site ballot counting devices,
the political party observers, upon mutual agreement, may
choose as many as three precincts and request that a manual
count be made of the number of ballots and the votes cast on
any office or issue. The results of this count will be compared to the count of the precinct made by the poll-site ballot
counting device. These selections must be made no later than
thirty minutes after the close of the polls. The manual count
must be completed within forty-eight hours after the close of
the polls. The process must take place at a location designated by the county auditor for that purpose. The political
party observers must receive timely notice of the time and
location, and have the right to be present. However, the process must proceed as scheduled if the observers are unable to
attend.
(4) In counties voting entirely by mail, a random check
of the ballot counting equipment may be conducted upon
mutual agreement of the political party observers or at the
discretion of the county auditor. The random check procedures must be adopted by the county canvassing board prior
to the processing of ballots. The random check process shall
involve a comparison of a manual count to the machine count
and may involve up to either three precincts or six batches
depending on the ballot counting procedures in place in the
county. The random check will be limited to one office or
issue on the ballots in the precincts or batches that are
selected for the check. The selection of the precincts or
batches to be checked must be selected according to procedures established by the county canvassing board and the
check must be completed no later than forty-eight hours after
election day. [2007 c 373 § 3; 2003 c 111 § 1517; 1999 c 158
§ 9; 1990 c 59 § 30; 1977 ex.s. c 361 § 71. Formerly RCW
29.54.025, 29.34.153.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
29A.60.180 Credit for voting—Retention of ballots.
Each registered voter casting an absentee ballot will be credited with voting on his or her voter registration record.
Absentee ballots must be retained for the same length of time
and in the same manner as ballots cast at the precinct polling
places. [2003 c 111 § 1518. Prior: 2001 c 241 § 12; 1988 c
181 § 3; 1987 c 346 § 16; 1983 c 136 § 1; 1965 c 9 §
29.36.075; prior: 1961 c 78 § 1. Formerly RCW 29.36.330,
29.36.075.]
29A.60.180
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.60.185 Audit of results. Prior to certification of
the election as required by RCW 29A.60.190, the county
auditor shall conduct an audit of results of votes cast on the
direct recording electronic voting devices used in the county.
This audit must be conducted by randomly selecting by lot up
to four percent of the direct recording electronic voting
devices or one direct recording electronic voting device,
whichever is greater, and, for each device, comparing the
results recorded electronically with the results recorded on
paper. For purposes of this audit, the results recorded on
paper must be tabulated as follows: On one-fourth of the
29A.60.185
[Title 29A RCW—page 88]
devices selected for audit, the paper records must be tabulated manually; on the remaining devices, the paper records
may be tabulated by a mechanical device determined by the
secretary of state to be capable of accurately reading the votes
cast and printed thereon and qualified for use in the state
under applicable state and federal laws. Three races or
issues, randomly selected by lot, must be audited on each
device. This audit procedure must be subject to observation
by political party representatives if representatives have been
appointed and are present at the time of the audit. [2005 c
242 § 5.]
29A.60.190 Certification of election results—Unofficial returns. (Expires July 1, 2013.) (1) Except as provided
by subsection (3) of this section, fifteen days after a primary
or special election and twenty-one days after a general election, the county canvassing board shall complete the canvass
and certify the results. Each absentee ballot that was returned
before the closing of the polls, and each absentee ballot bearing a postmark on or before the date of the primary or election
and received on or before the date on which the primary or
election is certified, must be included in the canvass report.
(2) At the request of a caucus of the state legislature, the
county auditor shall transmit copies of all unofficial returns
of state and legislative primaries or elections prepared by or
for the county canvassing board to either the secretary of the
senate or the chief clerk of the house of representatives.
(3) On or before the thirtieth day after an election conducted under the instant runoff voting method for the pilot
project authorized by RCW 29A.53.020, the canvassing
board shall complete the canvass and certify the results.
[2006 c 344 § 16. Prior: 2005 c 243 § 16; 2005 c 153 § 12;
2004 c 266 § 18; 2003 c 111 § 1519.]
29A.60.190
Expiration date—2006 c 344 § 16: "Section 16 of this act expires July
1, 2013." [2006 c 344 § 42.]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
Expiration date—2005 c 153 §§ 11 and 12: See note following RCW
29A.60.160.
Captions not law—Severability—2005 c 153: See RCW 29A.53.901
and 29A.53.902.
Effective date—2004 c 266: See note following RCW 29A.04.575.
29A.60.190 Certification of election results—Unofficial returns. (Effective July 1, 2013.) (1) Fifteen days after
a primary or special election and twenty-one days after a general election, the county canvassing board shall complete the
canvass and certify the results. Each absentee ballot that was
returned before the closing of the polls, and each absentee
ballot bearing a postmark on or before the date of the primary
or election and received on or before the date on which the
primary or election is certified, must be included in the canvass report.
(2) At the request of a caucus of the state legislature, the
county auditor shall transmit copies of all unofficial returns
of state and legislative primaries or elections prepared by or
for the county canvassing board to either the secretary of the
senate or the chief clerk of the house of representatives.
[2006 c 344 § 17; 2005 c 243 § 16; 2004 c 266 § 18; 2003 c
111 § 1519.]
29A.60.190
(2008 Ed.)
Canvassing
Effective date—2006 c 344 § 17: "Section 17 of this act takes effect
July 1, 2013." [2006 c 344 § 43.]
Effective date—2004 c 266: See note following RCW 29A.04.575.
29A.60.195 Provisional ballots—Disposition. Before
certification of the primary or election, the county auditor
must examine and investigate all received provisional ballots
to determine whether the ballot can be counted. The auditor
shall provide the disposition of the provisional ballot and, if
the ballot was not counted, the reason why it was not counted,
on a free access system such as a toll-free telephone number,
web site, mail, or other means. The auditor must notify the
voter in accordance with RCW 29A.60.165 when the envelope is unsigned or when the signatures do not match. [2005
c 243 § 9.]
29A.60.195
29A.60.200 Canvassing board—Canvassing procedure—Penalty. Before canvassing the returns of a primary
or election, the chair of the county legislative authority or the
chair’s designee shall administer an oath to the county auditor or the auditor’s designee attesting to the authenticity of
the information presented to the canvassing board. This oath
must be signed by the county auditor or designee and filed
with the returns of the primary or election.
The county canvassing board shall proceed to verify the
results from the precincts and the absentee ballots. The board
shall execute a certificate of the results of the primary or election signed by all members of the board or their designees.
Failure to certify the returns, if they can be ascertained with
reasonable certainty, is a crime under RCW 29A.84.720.
[2003 c 111 § 1520; 1990 c 59 § 63; 1965 c 9 § 29.62.040.
Prior: 1957 c 195 § 17; prior: (i) 1919 c 163 § 21, part; Code
1881 § 3095, part; 1868 p 20 § 1, part; 1865 p 39 § 6, part;
RRS § 5340, part. (ii) 1893 c 112 § 2; RRS § 5342. (iii) 1903
c 85 § 1, part; Code 1881 § 3094, part; 1865 p 38 § 4, part;
RRS § 5339, part. Formerly RCW 29.62.040.]
29A.60.200
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.60.210 Recanvass—Generally. Whenever the
canvassing board finds during the initial counting process, or
during any subsequent recount thereof, that there is an apparent discrepancy or an inconsistency in the returns of a primary or election, or that election staff has made an error
regarding the treatment or disposition of a ballot, the board
may recanvass the ballots or voting devices in any precincts
of the county. The canvassing board shall conduct any necessary recanvass activity on or before the last day to certify or
recertify the results of the primary, election, or subsequent
recount and correct any error and document the correction of
any error that it finds. [2005 c 243 § 17; 2003 c 111 § 1521;
1990 c 59 § 64; 1965 c 9 § 29.62.050. Prior: 1951 c 193 § 1;
1917 c 7 § 1, part; 1913 c 58 § 15, part; RRS § 5315, part.
Formerly RCW 29.62.050.]
29A.60.210
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Voting systems: Chapter 29A.12 RCW.
29A.60.221 Tie in primary or final election. (1) If the
requisite number of any federal, state, county, city, or district
offices have not been nominated in a primary by reason of
29A.60.221
(2008 Ed.)
29A.60.230
two or more persons having an equal and requisite number of
votes for being placed on the general election ballot, the official empowered by state law to certify candidates for the general election ballot shall give notice to the several persons so
having the equal and requisite number of votes to attend at
the appropriate office at the time designated by that official,
who shall then and there proceed publicly to decide by lot
which of those persons will be declared nominated and
placed on the general election ballot.
(2) If the requisite number of any federal, state, county,
city, district, or precinct officers have not been elected by reason of two or more persons having an equal and highest number of votes for one and the same office, the official empowered by state law to issue the original certificate of election
shall give notice to the several persons so having the highest
and equal number of votes to attend at the appropriate office
at the time to be appointed by that official, who shall then and
there proceed publicly to decide by lot which of those persons
will be declared duly elected, and the official shall make out
and deliver to the person thus duly declared elected a certificate of election. [2004 c 271 § 176.]
Tie vote for executive branch officer: State Constitution Art. III § 4.
29A.60.230
29A.60.230 Abstract by election officer—Transmittal to secretary of state. (1) Immediately after the official
results of a state primary or general election in a county are
ascertained, the county auditor or other election officer shall
make an abstract of the number of registered voters in each
precinct and of all the votes cast in the county at such state
primary or general election for and against state measures and
for each candidate for federal, state, and legislative office or
for any other office which the secretary of state is required by
law to canvass. The cumulative report of the election and a
copy of the certificate of the election must be transmitted to
the secretary of state immediately, through electronic means
and mailed with the abstract of votes no later than the next
business day following the certification by the county canvassing board.
(2) After each general election, the county auditor or
other election officer shall provide to the secretary of state a
report of the number of absentee ballots cast in each precinct
for and against state measures and for each candidate for federal, state, and legislative office or for any other office which
the secretary of state is required by law to canvass. The
report may be included in the abstract required by this section
or may be transmitted to the secretary of state separately, but
in no event later than March 31st of the year following the
election. Absentee ballot results may be incorporated into
votes cast at the polls for each precinct or may be reported
separately on a precinct-by-precinct basis.
(3) If absentee ballot results are not incorporated into
votes cast at the polls, the county auditor or other election
official may aggregate results from more than one precinct if
the auditor, pursuant to rules adopted by the secretary of
state, finds that reporting a single precinct’s absentee ballot
results would jeopardize the secrecy of a person’s ballot. To
the extent practicable, precincts for which absentee results
are aggregated must be contiguous. [2003 c 111 § 1523;
2001 c 225 § 2; 1999 c 298 § 21; 1990 c 262 § 1; 1977 ex.s. c
361 § 96; 1965 c 9 § 29.62.090. Prior: (i) 1895 c 156 § 12;
[Title 29A RCW—page 89]
29A.60.235
Title 29A RCW: Elections
Code 1881 § 3101; 1865 p 40 § 12; RRS § 5346. (ii) Code
1881 § 3103; 1865 p 41 § 14; RRS § 5348. Formerly RCW
29.62.090.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
29A.60.235 Certification reports. (1) The county
auditor shall prepare, make publicly available at the auditor’s
office or on the auditor’s web site, and submit at the time of
certification an election reconciliation report that discloses
the following information:
(a) The number of registered voters;
(b) The number of ballots counted;
(c) The number of provisional ballots issued;
(d) The number of provisional ballots counted;
(e) The number of provisional ballots rejected;
(f) The number of absentee ballots issued;
(g) The number of absentee ballots counted;
(h) The number of absentee ballots rejected;
(i) The number of federal write-in ballots counted;
(j) The number of out-of-state, overseas, and service ballots issued;
(k) The number of out-of-state, overseas, and service
ballots counted; and
(l) The number of out-of-state, overseas, and service ballots rejected.
(2) The county auditor shall prepare and make publicly
available at the auditor’s office or on the auditor’s web site
within thirty days of certification a final election reconciliation report that discloses the following information:
(a) The number of registered voters;
(b) The total number of voters credited with voting;
(c) The number of poll voters credited with voting;
(d) The number of provisional voters credited with voting;
(e) The number of absentee voters credited with voting;
(f) The number of federal write-in voters credited with
voting;
(g) The number of out-of-state, overseas, and service
voters credited with voting;
(h) The total number of voters credited with voting even
though their ballots were postmarked after election day and
were not counted; and
(i) Any other information the auditor deems necessary to
reconcile the number of ballots counted with the number of
voters credited with voting.
(3) The county auditor may also prepare such reports for
jurisdictions located, in whole or in part, in the county. [2005
c 243 § 11.]
29A.60.235
29A.60.240 Secretary of state—Primary returns—
State offices, etc. The secretary of state shall, as soon as possible but in any event not later than the third Tuesday following the primary, canvass and certify the returns of all primary
elections as to candidates for state offices, United States senators and representatives in Congress, and all other candidates whose district extends beyond the limits of a single
county. [2003 c 111 § 1524; 1977 ex.s. c 361 § 97; 1965 c 9
§ 29.62.100. Prior: 1961 c 130 § 11; prior: 1907 c 209 § 24,
part; RRS § 5201, part. Formerly RCW 29.62.100.]
29A.60.240
[Title 29A RCW—page 90]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
29A.60.250 Secretary of state—Final returns—
Scope. As soon as the returns have been received from all the
counties of the state, but not later than the thirtieth day after
the election, the secretary of state shall canvass and certify
the returns of the general election as to candidates for state
offices, the United States senate, congress, and all other candidates whose districts extend beyond the limits of a single
county. The secretary of state shall transmit a copy of the
certification to the governor, president of the senate, and
speaker of the house of representatives. [2005 c 243 § 18;
2003 c 111 § 1525; 1965 c 9 § 29.62.120. Prior: Code 1881
§ 3100, part; No RRS. Formerly RCW 29.62.120.]
29A.60.250
29A.60.260 Canvass on statewide measures. The
votes on proposed amendments to the state Constitution, recommendations for the calling of constitutional conventions
and other questions submitted to the people must be counted,
canvassed, and returned by each county canvassing board in
the manner provided by law for counting, canvassing, and
returning votes for candidates for state offices. The secretary
of state shall, in the presence of the governor, within thirty
days after the election, canvass the votes upon each question
and certify to the governor the result. The governor shall
forthwith issue a proclamation giving the whole number of
votes cast in the state for and against such measure and
declaring the result. If the vote cast upon an initiative or referendum measure is equal to less than one-third of the total
vote cast at the election, the governor shall proclaim the measure to have failed. [2003 c 111 § 1526; 1965 c 9 §
29.62.130. Prior: (i) 1913 c 138 § 30; RRS § 5426. (ii) 1917
c 23 § 1; RRS § 5341. Formerly RCW 29.62.130.]
29A.60.260
Chapter 29A.64
Chapter 29A.64 RCW
RECOUNTS
Sections
29A.64.011
29A.64.021
29A.64.030
29A.64.041
29A.64.050
29A.64.061
29A.64.070
29A.64.081
29A.64.090
29A.64.100
Application—Requirements—Application of chapter.
Mandatory.
Deposit of fees—Notice—Public proceeding.
Procedure—Observers—Request to stop.
Partial recount requiring complete recount.
Amended abstracts.
Limitation.
Expenses—Charges.
Statewide measures—When mandatory—Cost at state
expense.
Statewide measures—Funds for additional expenses.
29A.64.011 Application—Requirements—Application of chapter. An officer of a political party or any person
for whom votes were cast in a primary who was not declared
nominated may file a written application for a recount of the
votes or a portion of the votes cast at that primary for all persons for whom votes were cast for nomination to that office.
An officer of a political party or any person for whom
votes were cast at any election may file a written application
for a recount of the votes or a portion of the votes cast at that
election for all candidates for election to that office.
Any group of five or more registered voters may file a
written application for a recount of the votes or a portion of
29A.64.011
(2008 Ed.)
Recounts
the votes cast upon any question or issue. They shall designate one of the members of the group as chair and shall indicate the voting residence of each member of the group.
An application for a recount of the votes cast for an
office or on a ballot measure must be filed with the officer
with whom filings are made for the jurisdiction.
An application for a recount must specify whether the
recount will be done manually or by the vote tally system. A
recount done by the vote tally system must use programming
that recounts and reports only the office or ballot measure in
question. The county shall also provide for a test of the logic
and accuracy of that program.
An application for a recount must be filed within three
business days after the county canvassing board or secretary
of state has declared the official results of the primary or election for the office or issue for which the recount is requested.
This chapter applies to the recounting of votes cast by
paper ballots and to the recounting of votes recorded on ballots counted by a vote tally system. [2004 c 271 § 177.]
29A.64.021 Mandatory. (1) If the official canvass of
all of the returns for any office at any primary or election
reveals that the difference in the number of votes cast for a
candidate apparently nominated or elected to any office and
the number of votes cast for the closest apparently defeated
opponent is less than two thousand votes and also less than
one-half of one percent of the total number of votes cast for
both candidates, the county canvassing board shall conduct a
recount of all votes cast on that position.
(a) Whenever such a difference occurs in the number of
votes cast for candidates for a position the declaration of candidacy for which was filed with the secretary of state, the secretary of state shall, within three business days of the day that
the returns of the primary or election are first certified by the
canvassing boards of those counties, direct those boards to
recount all votes cast on the position.
(b)(i) For statewide elections, if the difference in the
number of votes cast for the apparent winner and the closest
apparently defeated opponent is less than one thousand votes
and also less than one-fourth of one percent of the total number of votes cast for both candidates, the votes shall be
recounted manually or as provided in subsection (3) of this
section.
(ii) For elections not included in (b)(i) of this subsection,
if the difference in the number of votes cast for the apparent
winner and the closest apparently defeated opponent is less
than one hundred fifty votes and also less than one-fourth of
one percent of the total number of votes cast for both candidates, the votes shall be recounted manually or as provided in
subsection (3) of this section.
(2) A mandatory recount shall be conducted in the manner provided by RCW 29A.64.030, 29A.64.041, and
29A.64.061. No cost of a mandatory recount may be charged
to any candidate.
(3) The apparent winner and closest apparently defeated
opponent for an office for which a manual recount is required
under subsection (1)(b) of this section may select an alternative method of conducting the recount. To select such an
alternative, the two candidates shall agree to the alternative in
a signed, written statement filed with the election official for
the office. The recount shall be conducted using the alterna29A.64.021
(2008 Ed.)
29A.64.041
tive method if: It is suited to the balloting system that was
used for casting the votes for the office; it involves the use of
a vote tallying system that is approved for use in this state by
the secretary of state; and the vote tallying system is readily
available in each county required to conduct the recount. If
more than one balloting system was used in casting votes for
the office, an alternative to a manual recount may be selected
for each system. [2005 c 243 § 19; 2004 c 271 § 178.]
29A.64.030 Deposit of fees—Notice—Public proceeding. An application for a recount shall state the office
for which a recount is requested and whether the request is
for all or only a portion of the votes cast in that jurisdiction of
that office. The person filing an application for a manual
recount shall, at the same time, deposit with the county canvassing board or secretary of state, in cash or by certified
check, a sum equal to twenty-five cents for each ballot cast in
the jurisdiction or portion of the jurisdiction for which the
recount is requested as security for the payment of any costs
of conducting the recount. If the application is for a machine
recount, the deposit must be equal to fifteen cents for each
ballot. These charges shall be determined by the county canvassing board or boards under RCW 29A.64.081.
The county canvassing board shall determine the date,
time, and place or places at which the recount will be conducted. Not less than two days before the date of the recount,
the county auditor shall mail a notice of the time and place of
the recount to the applicant or affected parties and, if the
recount involves an office, to any person for whom votes
were cast for that office. The county auditor shall also notify
the affected parties by either telephone, fax, e-mail, or other
electronic means at the time of mailing. At least three
attempts must be made over a two-day period to notify the
affected parties or until the affected parties have received the
notification. Each attempt to notify affected parties must
request a return response indicating that the notice has been
received. Each person entitled to receive notice of the
recount may attend, witness the recount, and be accompanied
by counsel.
Proceedings of the canvassing board are public under
chapter 42.30 RCW. Subject to reasonable and equitable
guidelines adopted by the canvassing board, all interested
persons may attend and witness a recount. [2005 c 243 § 20;
2003 c 111 § 1603. Prior: 2001 c 225 § 5; 1991 c 81 § 36;
1987 c 54 § 5; 1977 ex.s. c 361 § 99; 1965 c 9 § 29.64.020;
prior: 1961 c 50 § 2; 1955 c 215 § 2. Formerly RCW
29.64.020.]
29A.64.030
Effective date—1991 c 81: See note following RCW 29A.84.540.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
29A.64.041 Procedure—Observers—Request to
stop. (1) At the time and place established for a recount, the
canvassing board or its duly authorized representatives, in the
presence of all witnesses who may be in attendance, shall
open the sealed containers containing the ballots to be
recounted, and shall recount the votes for the offices or issues
for which the recount has been ordered. Ballots shall be handled only by the members of the canvassing board or their
duly authorized representatives.
29A.64.041
[Title 29A RCW—page 91]
29A.64.050
Title 29A RCW: Elections
Witnesses shall be permitted to observe the ballots and
the process of tabulating the votes, but they shall not be permitted to handle the ballots. The canvassing board shall not
permit the tabulation of votes for any nomination, election, or
issue other than the ones for which a recount was applied for
or required.
(2) At any time before the ballots from all of the precincts listed in the application for the recount have been
recounted, the applicant may file with the board a written
request to stop the recount.
(3) The recount may be observed by persons representing the candidates affected by the recount or the persons representing both sides of an issue that is being recounted. The
observers may not make a record of the names, addresses, or
other information on the ballots, poll books, or applications
for absentee ballots unless authorized by the superior court.
The secretary of state or county auditor may limit the number
of observers to not less than two on each side if, in his or her
opinion, a greater number would cause undue delay or disruption of the recount process. [2004 c 271 § 179.]
than twice. [2003 c 111 § 1607. Prior: 2001 c 225 § 9; 1991
c 90 § 3. Formerly RCW 29.64.051.]
Finding, purpose—1991 c 90: "The legislature finds that it is in the
public interest to determine the winner of close contests for elective offices
as expeditiously and as accurately as possible. It is the purpose of this act to
provide procedures which promote the prompt and accurate recounting of
votes for elective offices and which provide closure to the recount process."
[1991 c 90 § 1.]
29A.64.081 Expenses—Charges. The canvassing
board shall determine the expenses for conducting a recount
of votes.
The cost of the recount shall be deducted from the
amount deposited by the applicant for the recount at the time
of filing the request for the recount, and the balance shall be
returned to the applicant. If the costs of the recount exceed
the deposit, the applicant shall pay the difference. No
charges may be deducted by the canvassing board from the
deposit for a recount if the recount changes the result of the
nomination or election for which the recount was ordered.
[2004 c 271 § 181.]
29A.64.081
29A.64.090 Statewide measures—When mandatory—Cost at state expense. When the official canvass of
returns of any election reveals that the difference in the number of votes cast for the approval of a statewide measure and
the number of votes cast for the rejection of such measure is
less than two thousand votes and also less than one-half of
one percent of the total number of votes cast on such measure, the secretary of state shall direct that a recount of all
votes cast on such measure be made on such measure, in the
manner provided by *RCW 29A.64.040 and 29A.64.060, and
the cost of such recount will be at state expense. [2003 c 111
§ 1609. Prior: 2001 c 225 § 11; 1973 c 82 § 1. Formerly
RCW 29.64.080.]
29A.64.090
29A.64.050
29A.64.050 Partial recount requiring complete
recount. When a partial recount of votes cast for an office or
issue changes the result of the election, the canvassing board
or the secretary of state, if the office or issue is being
recounted at his or her direction, shall order a complete
recount of all ballots cast for the office or issue for the jurisdiction in question.
This recount will be conducted in a manner consistent
with *RCW 29A.64.020. [2003 c 111 § 1605. Prior: 2001 c
225 § 7. Formerly RCW 29.64.035.]
*Reviser’s note: RCW 29A.64.020 was repealed by 2004 c 271 § 193.
Later enactment, see RCW 29A.64.021.
29A.64.061 Amended abstracts. Upon completion of
the canvass of a recount, the canvassing board shall prepare
and certify an amended abstract showing the votes cast in
each precinct for which the recount was conducted. Copies
of the amended abstracts must be transmitted to the same
officers who received the abstract on which the recount was
based.
If the nomination, election, or issue for which the
recount was conducted was submitted only to the voters of a
county, the canvassing board shall file the amended abstract
with the original results of that election or primary.
If the nomination, election, or issue for which a recount
was conducted was submitted to the voters of more than one
county, the secretary of state shall canvass the amended
abstracts and shall file an amended abstract with the original
results of that election. The secretary of state may require
that the amended abstracts be certified by each canvassing
board on a uniform date. An amended abstract certified
under this section supersedes any prior abstract of the results
for the same offices or issues at the same primary or election.
[2005 c 243 § 21; 2004 c 271 § 180.]
29A.64.061
29A.64.070
29A.64.070 Limitation. After the original count, canvass, and certification of results, the votes cast in any single
precinct may not be recounted and the results recertified more
[Title 29A RCW—page 92]
*Reviser’s note: RCW 29A.64.040 and 29A.64.060 were repealed by
2004 c 271 § 193. Later enactment, see RCW 29A.64.041 and 29A.64.061.
29A.64.100 Statewide measures—Funds for additional expenses. Each county auditor shall file with the secretary of state a statement listing only the additional expenses
incurred whenever a mandatory recount of the votes cast on a
state measure is made as provided in RCW 29A.64.090. The
secretary of state shall include in his or her biennial budget
request a provision for sufficient funds to carry out the provisions of this section. Payments hereunder shall be from
appropriations specifically provided for such purpose by law.
[2003 c 111 § 1610; 1977 ex.s. c 144 § 5; 1973 c 82 § 2. Formerly RCW 29.64.090.]
29A.64.100
Chapter 29A.68
Chapter 29A.68 RCW
CONTESTING AN ELECTION
Sections
29A.68.011
29A.68.020
29A.68.030
29A.68.040
29A.68.050
29A.68.060
29A.68.070
29A.68.080
29A.68.090
Prevention and correction of election frauds and errors.
Commencement by registered voter—Causes for.
Affidavit of error or omission—Contents—Witnesses.
Hearing date—Issuance of citation—Service.
Witnesses to attend—Hearing of contest—Judgment.
Costs, how awarded.
Misconduct of board—Irregularity material to result.
Misconduct of board—Number of votes affected—Enough
to change result.
Illegal votes—Allegation of.
(2008 Ed.)
Contesting An Election
29A.68.100
29A.68.110
29A.68.120
Illegal votes—List required for testimony.
Illegal votes—Number of votes affected—Enough to change
result.
Election set aside—Appeal period.
29A.68.011 Prevention and correction of election
frauds and errors. Any justice of the supreme court, judge
of the court of appeals, or judge of the superior court in the
proper county shall, by order, require any person charged
with error, wrongful act, or neglect to forthwith correct the
error, desist from the wrongful act, or perform the duty and to
do as the court orders or to show cause forthwith why the
error should not be corrected, the wrongful act desisted from,
or the duty or order not performed, whenever it is made to
appear to such justice or judge by affidavit of an elector that:
(1) An error or omission has occurred or is about to occur
in printing the name of any candidate on official ballots; or
(2) An error other than as provided in subsections (1) and
(3) of this section has been committed or is about to be committed in printing the ballots; or
(3) The name of any person has been or is about to be
wrongfully placed upon the ballots; or
(4) A wrongful act other than as provided for in subsections (1) and (3) of this section has been performed or is about
to be performed by any election officer; or
(5) Any neglect of duty on the part of an election officer
other than as provided for in subsections (1) and (3) of this
section has occurred or is about to occur; or
(6) An error or omission has occurred or is about to occur
in the official certification of the election.
An affidavit of an elector under subsections (1) and (3)
of this section when relating to a primary election must be
filed with the appropriate court no later than the second Friday following the closing of the filing period for nominations
for such office and shall be heard and finally disposed of by
the court not later than five days after the filing thereof. An
affidavit of an elector under subsections (1) and (3) of this
section when relating to a general election must be filed with
the appropriate court no later than three days following the
official certification of the primary election returns and shall
be heard and finally disposed of by the court not later than
five days after the filing thereof. An affidavit of an elector
under subsection (6) of this section shall be filed with the
appropriate court no later than ten days following the official
certification of the election as provided in RCW 29A.60.190,
29A.60.240, or 29A.60.250 or, in the case of a recount, ten
days after the official certification of the amended abstract as
provided in RCW 29A.64.061. [2007 c 374 § 3; 2005 c 243
§ 22; 2004 c 271 § 182.]
29A.68.011
29A.68.020 Commencement by registered voter—
Causes for. Any of the following causes may be asserted by
a registered voter to challenge the right to assume office of a
candidate declared elected to that office:
(1) For misconduct on the part of any member of any
precinct election board involved therein;
(2) Because the person whose right is being contested
was not at the time the person was declared elected eligible to
that office;
(3) Because the person whose right is being contested
was previous to the election convicted of a felony by a court
of competent jurisdiction, the conviction not having been
29A.68.020
(2008 Ed.)
29A.68.040
reversed nor the person’s civil rights restored after the conviction;
(4) Because the person whose right is being contested
gave a bribe or reward to a voter or to an inspector or judge of
election for the purpose of procuring the election, or offered
to do so;
(5) On account of illegal votes.
(a) Illegal votes include but are not limited to the following:
(i) More than one vote cast by a single voter;
(ii) A vote cast by a person disqualified under Article VI,
section 3 of the state Constitution.
(b) Illegal votes do not include votes cast by improperly
registered voters who were not properly challenged under
RCW 29A.08.810 and 29A.08.820.
All election contests must proceed under RCW
29A.68.011. [2007 c 374 § 4; 2003 c 111 § 1702; 1983 1st
ex.s. c 30 § 6; 1977 ex.s. c 361 § 101; 1965 c 9 § 29.65.010.
Prior: 1959 c 329 § 26; prior: (i) Code 1881 § 3105; 1865 p
42 § 1; RRS § 5366. (ii) Code 1881 § 3109; 1865 p 43 § 5;
RRS § 5370. Formerly RCW 29.65.010.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
Civil rights
loss of: State Constitution Art. 6 § 3, RCW 29A.08.520.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
29A.68.030 Affidavit of error or omission—Contents—Witnesses. An affidavit of an elector filed pursuant
to RCW 29A.68.011(6) must set forth specifically:
(1) The name of the contestant and that he or she is a registered voter in the county, district or precinct, as the case
may be, in which the office is to be exercised;
(2) The name of the person whose right is being contested;
(3) The office;
(4) The particular causes of the contest.
No statement of contest may be dismissed for want of
form if the particular causes of contest are alleged with sufficient certainty. The person charged with the error or omission must be given the opportunity to call any witness,
including the candidate. [2007 c 374 § 5; 2003 c 111 § 1703;
1977 ex.s. c 361 § 102; 1965 c 9 § 29.65.020. Prior: (i) Code
1881 § 3110; 1865 p 43 § 6; RRS § 5371. (ii) Code 1881 §
3112; 1865 p 44 § 8; RRS § 5373. Formerly RCW
29.65.020.]
29A.68.030
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
29A.68.040 Hearing date—Issuance of citation—
Service. Upon such affidavit being filed, the clerk shall
inform the judge of the appropriate court, who may give
notice, and order a session of the court to be held at the usual
place of holding the court, on some day to be named by the
judge, not less than ten nor more than twenty days from the
date of the notice, to hear and determine such contested election. If no session is called for the purpose, the contest must
be determined at the first regular session of court after the
statement is filed.
29A.68.040
[Title 29A RCW—page 93]
29A.68.050
Title 29A RCW: Elections
The clerk of the court shall also at the time issue a citation for the person charged with the error or omission, to
appear at the time and place specified in the notice. The citation must be delivered to the sheriff and be served upon the
party in person; or if the person cannot be found, by leaving a
copy thereof at the house where the person last resided.
[2003 c 111 § 1704; 1977 ex.s. c 361 § 103; 1965 c 9 §
29.65.040. Prior: (i) Code 1881 § 3113; 1865 p 44 § 9; RRS
§ 5374. (ii) Code 1881 § 3114; 1865 p 45 § 10; RRS § 5375.
Formerly RCW 29.65.040.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
29A.68.050 Witnesses to attend—Hearing of contest—Judgment. The clerk shall issue subpoenas for witnesses in such contested election at the request of either
party, which shall be served by the sheriff or constable, as
other subpoenas, and the superior court shall have full power
to issue attachments to compel the attendance of witnesses
who shall have been duly subpoenaed to attend if they fail to
do so.
The court shall meet at the time and place designated to
determine such contested election by the rules of law and evidence governing the determination of questions of law and
fact, so far as the same may be applicable, and may dismiss
the proceedings if the statement of the cause or causes of contest is insufficient, or for want of prosecution. After hearing
the proofs and allegations of the parties, the court shall pronounce judgment in the premises, either confirming or annulling and setting aside such election, according to the law and
right of the case.
If in any such case it shall appear that another person
than the one returned has the highest number of legal votes,
said court shall declare such person duly elected. [2003 c 111
§ 1705. Prior: 1965 c 9 § 29.65.050; prior: (i) Code 1881 §
3115; 1865 p 45 § 11; RRS § 5376. (ii) Code 1881 § 3116;
1865 p 45 § 12; RRS § 5377. (iii) Code 1881 § 3117; 1865 p
45 § 13; RRS § 5378. FORMER PARTS OF SECTION: (i)
Code 1881 § 3119; 1865 p 45 § 15; RRS § 5379, now codified in RCW 29.65.055. (ii) Code 1881 § 3120; 1865 p 45 §
16; RRS § 5380, now codified in RCW 29.65.055. Formerly
RCW 29.65.050.]
29A.68.050
29A.68.060 Costs, how awarded. If the proceedings
are dismissed for insufficiency, want of prosecution, or the
election is by the court confirmed, judgment shall be rendered against the party contesting such election for costs, in
favor of the party charged with error or omission.
If such election is annulled and set aside, judgment for
costs shall be rendered against the party charged with the
error or omission and in favor of the party alleging the same.
[2003 c 111 § 1706. Prior: 1977 ex.s. c 361 § 104; 1965 c 9
§ 29.65.055; prior: (i) Code 1881 § 3119; 1865 p 45 § 15;
RRS § 5379; formerly RCW 29.65.050, part. (ii) Code 1881
§ 3120; 1865 p 45 § 16; RRS § 5380, formerly RCW
29.65.050, part. Formerly RCW 29.65.055.]
the proceedings of any election board or any member of the
board amounts to such malconduct as to annul or set aside
any election unless the irregularity or improper conduct was
such as to procure the person whose right to the office may be
contested, to be declared duly elected although the person did
not receive the highest number of legal votes. [2003 c 111 §
1707; 1965 c 9 § 29.65.060. Prior: Code 1881 § 3106; 1865
p 43 § 2; RRS § 5367. Formerly RCW 29.65.060.]
29A.68.080 Misconduct of board—Number of votes
affected—Enough to change result. When any election for
an office exercised in and for a county is contested on
account of any malconduct on the part of any election board,
or any member thereof, the election shall not be annulled and
set aside upon any proof thereof, unless the rejection of the
vote of such precinct or precincts will change the result as to
such office in the remaining vote of the county. [2003 c 111
§ 1708. Prior: 1965 c 9 § 29.65.070; prior: Code 1881 §
3107; 1865 p 43 § 3; RRS § 5368. Formerly RCW
29.65.070.]
29A.68.080
29A.68.090 Illegal votes—Allegation of. When the
reception of illegal votes is alleged as a cause of contest, it is
sufficient to state generally that illegal votes were cast, that,
if given to the person whose election is contested in the specified precinct or precincts, will, if taken from that person,
reduce the number of the person’s legal votes below the number of legal votes given to some other person for the same
office. [2003 c 111 § 1709; 1965 c 9 § 29.65.080. Prior:
Code 1881 § 3111, part; 1865 p 44 § 7, part; RRS § 5372,
part. Formerly RCW 29.65.080.]
29A.68.090
29A.68.100 Illegal votes—List required for testimony. No testimony may be received as to any illegal votes
unless the party contesting the election delivers to the opposite party, at least three days before trial, a written list of the
number of illegal votes and by whom given, that the contesting party intends to prove at the trial. No testimony may be
received as to any illegal votes, except as to such as are specified in the list. [2003 c 111 § 1710; 1965 c 9 § 29.65.090.
Prior: Code 1881 § 3111, part; 1865 p 44 § 7, part; RRS §
5372, part. Formerly RCW 29.65.090.]
29A.68.100
29A.68.060
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
29A.68.070 Misconduct of board—Irregularity
material to result. No irregularity or improper conduct in
29A.68.070
[Title 29A RCW—page 94]
2 9 A. 6 8 . 11 0 Il leg a l v o t e s —N um ber o f v ot e s
affected—Enough to change result. No election may be set
aside on account of illegal votes, unless it appears that an
amount of illegal votes has been given to the person whose
right is being contested, that, if taken from that person, would
reduce the number of the person’s legal votes below the number of votes given to some other person for the same office,
after deducting therefrom the illegal votes that may be shown
to have been given to the other person. [2003 c 111 § 1711;
1965 c 9 § 29.65.100. Prior: Code 1881 § 3108; 1865 p 43 §
4; RRS § 5369. Formerly RCW 29.65.100.]
29A.68.110
29A.68.120 Election set aside—Appeal period. If an
election is set aside by the judgment of the superior court and
if no appeal is taken therefrom within ten days, the election of
the person challenged shall be thereby rendered void. [2007
c 374 § 6; 2003 c 111 § 1712; 1965 c 9 § 29.65.120. Prior:
29A.68.120
(2008 Ed.)
State Initiative and Referendum
Code 1881 § 3123, part; 1865 p 46 § 19, part; RRS § 5382,
part. Formerly RCW 29.65.120.]
Chapter 29A.72 RCW
STATE INITIATIVE AND REFERENDUM
Chapter 29A.72
Sections
29A.72.010
29A.72.020
29A.72.025
29A.72.030
29A.72.040
29A.72.050
29A.72.060
29A.72.070
29A.72.080
29A.72.090
29A.72.100
29A.72.110
29A.72.120
29A.72.130
29A.72.140
29A.72.150
29A.72.160
29A.72.170
29A.72.180
29A.72.190
29A.72.200
29A.72.210
29A.72.230
29A.72.240
29A.72.250
29A.72.260
29A.72.270
29A.72.280
29A.72.283
29A.72.285
29A.72.290
Filing proposed measures with secretary of state.
Review of proposed initiatives—Certificate required.
Fiscal impact statements.
Time for filing various types.
Numbering—Transmittal to attorney general.
Ballot title—Formulation, ballot display.
Ballot title and summary by attorney general.
Ballot title and summary—Notice.
Ballot title and summary—Appeal to superior court.
Ballot title and summary—Mailed to proponents and other
persons—Appearance on petitions.
Petitions—Paper—Size—Contents.
Petitions to legislature—Form.
Petitions to people—Form.
Referendum petitions—Form.
Warning statement—Further requirements.
Petitions—Signatures—Number necessary.
Petitions—Time for filing.
Petitions—Acceptance or rejection by secretary of state.
Petitions—Review of refusal to file.
Petitions—Appellate review.
Petitions—Destruction on final refusal.
Petitions—Consolidation into volumes.
Petitions—Verification and canvass of signatures, observers—Statistical sampling—Initiatives to legislature, certification of.
Petitions to legislature—Count of signatures—Review.
Initiatives and referenda to voters—Certificates of sufficiency.
Rejected initiative to legislature treated as referendum bill.
Substitute for rejected initiative treated as referendum bill.
Substitute for rejected initiative—Concise description.
Advisory vote on tax legislation—Short description.
Advisory vote on tax legislation—Short description filing
and transmittal.
Printing ballot titles and short descriptions on ballots—Order
and form.
29A.72.010 Filing proposed measures with secretary
of state. If any legal voter of the state, either individually or
on behalf of an organization, desires to petition the legislature
to enact a proposed measure, or submit a proposed initiative
measure to the people, or order that a referendum of all or
part of any act, bill, or law, passed by the legislature be submitted to the people, he or she shall file with the secretary of
state a legible copy of the measure proposed, or the act or part
of such act on which a referendum is desired, accompanied
by an affidavit that the sponsor is a legal voter and a filing fee
prescribed under RCW 43.07.120. [2003 c 111 § 1802; 1982
c 116 § 1; 1965 c 9 § 29.79.010. Prior: 1913 c 138 § 1, part;
RRS § 5397, part. Formerly RCW 29.79.010.]
29A.72.010
29A.72.020 Review of proposed initiatives—Certificate required. Upon receipt of a proposed initiative measure, and before giving it a serial number, the secretary of
state shall submit a copy thereof to the office of the code
reviser and give notice to the sponsor of such transmittal.
Upon receipt of the measure, the assistant code reviser to
whom it has been assigned may confer with the sponsor and
shall within seven working days from its receipt, review the
proposal and recommend to the sponsor such revision or
alteration of the measure as may be deemed necessary and
appropriate. The recommendations of the code reviser’s
29A.72.020
(2008 Ed.)
29A.72.030
office are advisory only, and the sponsor may accept or reject
them in whole or in part. The code reviser shall issue a certificate of review certifying that he or she has reviewed the
measure and that any recommendations have been communicated to the sponsor. The certificate must be issued whether
or not the sponsor accepts such recommendations. Within
fifteen working days after notification of submittal of the proposed measure to the code reviser’s office, the sponsor, if he
or she desires to proceed with sponsorship, shall file the measure together with the certificate of review with the secretary
of state for assignment of a serial number, and the secretary
of state shall then submit to the code reviser’s office a certified copy of the measure filed. Upon submission of the proposal to the secretary of state for assignment of a serial number, the secretary of state shall refuse to make such assignment unless the proposal is accompanied by a certificate of
review. [2003 c 111 § 1803; 1982 c 116 § 2; 1973 c 122 § 2.
Formerly RCW 29.79.015.]
Legislative finding—1973 c 122: "The legislature finds that the initiative process reserving to the people the power to propose bills, laws and to
enact or reject the same at the polls, independent of the legislature, is finding
increased popularity with citizens of our state. The exercise of this power
concomitant with the power of the legislature requires coordination to avoid
the duplication and confusion of laws. This legislation is enacted especially
to facilitate the operation of the initiative process." [1973 c 122 § 1.]
29A.72.025 Fiscal impact statements. The office of
financial management, in consultation with the secretary of
state, the attorney general, and any other appropriate state or
local agency, shall prepare a fiscal impact statement for each
of the following state ballot measures: (1) An initiative to the
people that is certified to the ballot; (2) an initiative to the legislature that will appear on the ballot; (3) an alternative measure appearing on the ballot that the legislature proposes to an
initiative to the legislature; (4) a referendum bill referred to
voters by the legislature; and (5) a referendum measure
appearing on the ballot. Fiscal impact statements must be
written in clear and concise language and avoid legal and
technical terms when possible, and may include easily understood graphics.
A fiscal impact statement must describe any projected
increase or decrease in revenues, costs, expenditures, or
indebtedness that the state or local governments will experience if the ballot measure were approved by state voters.
Where appropriate, a fiscal impact statement may include
both estimated dollar amounts and a description placing the
estimated dollar amounts into context. A fiscal impact statement must include both a summary of not to exceed one hundred words and a more detailed statement that includes the
assumptions that were made to develop the fiscal impacts.
Fiscal impact statements must be available online from
the secretary of state’s web site and included in the state voters’ pamphlet. [2004 c 266 § 4. Prior: 2002 c 139 § 1. Formerly RCW 29.79.075.]
29A.72.025
Effective date—2004 c 266: See note following RCW 29A.04.575.
29A.72.030 Time for filing various types. Initiative
measures proposed to be submitted to the people must be
filed with the secretary of state within ten months prior to the
election at which they are to be submitted, and the signature
petitions must be filed with the secretary of state not less than
four months before the next general statewide election.
29A.72.030
[Title 29A RCW—page 95]
29A.72.040
Title 29A RCW: Elections
Initiative measures proposed to be submitted to the legislature must be filed with the secretary of state within ten
months prior to the next regular session of the legislature at
which they are to be submitted, and the signature petitions
must be filed with the secretary of state not less than ten days
before such regular session of the legislature.
A referendum measure petition ordering that any act or
part of an act passed by the legislature be referred to the people must be filed with the secretary of state within ninety days
after the final adjournment of the legislative session at which
the act was passed. It may be submitted at the next general
statewide election or at a special election ordered by the legislature.
A proposed initiative or referendum measure may be
filed no earlier than the opening of the secretary of state’s
office for business pursuant to RCW 42.04.060 on the first
day filings are permitted, and any initiative or referendum
petition must be filed not later than the close of business on
the last business day in the specified period for submission of
signatures. If a filing deadline falls on a Saturday, the office
of the secretary of state must be open for the transaction of
business under this section from 8:00 a.m. to 5:00 p.m. on
that Saturday. [2003 c 111 § 1804; 1987 c 161 § 1; 1965 c 9
§ 29.79.020. Prior: (i) 1913 c 138 § 1, part; RRS § 5397,
part. (ii) 1913 c 138 § 6, part; RRS § 5402, part. (iii) 1913 c
138 § 5, part; RRS § 5401, part. (iv) 1913 c 138 § 7, part;
RRS § 5403, part. Formerly RCW 29.79.020.]
Initiative, referendum, time for filing: State Constitution Art. 2 § 1 (a) and
(d) (Amendment 7).
Petitions—Time for filing: RCW 29A.72.160.
29A.72.040 Numbering—Transmittal to attorney
general. The secretary of state shall give a serial number to
each initiative, referendum bill, referendum measure, or measure for an advisory vote of the people, using a separate series
for initiatives to the legislature, initiatives to the people, referendum bills, referendum measures, and measures for an
advisory vote of the people, and forthwith transmit one copy
of the measure proposed bearing its serial number to the
attorney general. Thereafter a measure shall be known and
designated on all petitions, ballots, and proceedings as "Initiative Measure No. . . . .," "Referendum Bill No. . . . .," "Referendum Measure No. . . . .," or "Advisory Vote No. . . . .."
[2008 c 1 § 7 (Initiative Measure No. 960, approved November 6, 2007); 2003 c 111 § 1805; 1982 c 116 § 3; 1965 c 9 §
29.79.030. Prior: 1913 c 138 § 1, part; RRS § 5397, part.
Formerly RCW 29.79.030.]
29A.72.040
Findings—Intent—Construction—Severability—Subheadings and
part headings not law—Short title—Effective date—2008 c 1 (Initiative
Measure No. 960): See notes following RCW 43.135.031.
29A.72.050 Ballot title—Formulation, ballot display.
(1) The ballot title for an initiative to the people, an initiative
to the legislature, a referendum bill, or a referendum measure
consists of: (a) A statement of the subject of the measure; (b)
a concise description of the measure; and (c) a question in the
form prescribed in this section for the ballot measure in question. The statement of the subject of a measure must be sufficiently broad to reflect the subject of the measure, sufficiently precise to give notice of the measure’s subject matter,
and not exceed ten words. The concise description must con29A.72.050
[Title 29A RCW—page 96]
tain no more than thirty words, be a true and impartial
description of the measure’s essential contents, clearly identify the proposition to be voted on, and not, to the extent reasonably possible, create prejudice either for or against the
measure.
(2) For an initiative to the people, or for an initiative to
the legislature for which the legislature has not proposed an
alternative, the ballot title must be displayed on the ballot
substantially as follows:
"Initiative Measure No. . . . concerns (statement of
subject). This measure would (concise description).
Should this measure be enacted into law?
Yes
No
................................. â
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . â"
(3) For an initiative to the legislature for which the legislature has proposed an alternative, the ballot title must be displayed on the ballot substantially as follows:
"Initiative Measure Nos. . . . and . . .B concern
(statement of subject).
Initiative Measure No. . . . would (concise description).
As an alternative, the legislature has proposed Initiative Measure No. . . .B, which would (concise
description).
1. Should either of these measures be enacted into
law?
Yes
No
................................. â
................................. â
2. Regardless of whether you voted yes or no above,
if one of these measures is enacted, which one
should it be?
Measure No.
or
Measure No.
.......................... â
. . . . . . . . . . . . . . . . . . . . . . . . . . â"
(4) For a referendum bill submitted to the people by the
legislature, the ballot issue must be displayed on the ballot
substantially as follows:
"The legislature has passed . . . . Bill No. . . . concerning (statement of subject). This bill would (concise description). Should this bill be:
Approved
Rejected
............................ â
. . . . . . . . . . . . . . . . . . . . . . . . . . . . â"
(5) For a referendum measure by state voters on a bill the
legislature has passed, the ballot issue must be displayed on
the ballot substantially as follows:
"The legislature passed . . . Bill No. . . . concerning
(statement of subject) and voters have filed a sufficient referendum petition on this bill. This bill
would (concise description). Should this bill be:
Approved
Rejected
............................ â
. . . . . . . . . . . . . . . . . . . . . . . . . . . . â"
(2008 Ed.)
State Initiative and Referendum
(6) The legislature may specify the statement of subject
or concise description, or both, in a referendum bill that it
refers to the people. The legislature may specify the concise
description for an alternative it submits for an initiative to the
legislature. If the legislature fails to specify these matters, the
attorney general shall prepare the material that was not specified. The statement of subject and concise description as so
provided must be included as part of the ballot title unless
changed on appeal.
The attorney general shall specify the statement of subject and concise description for an initiative to the people, an
initiative to the legislature, and a referendum measure. The
statement of subject and concise description as so provided
must be included as part of the ballot title unless changed on
appeal. [2003 c 111 § 1806. Prior: 2000 c 197 § 1. Formerly
RCW 29.79.035.]
Part headings not law—2000 c 197: "Part headings used in this act are
not part of the law." [2000 c 197 § 17.]
29A.72.060 Ballot title and summary by attorney
general. Within five days after the receipt of an initiative or
referendum the attorney general shall formulate the ballot
title, or portion of the ballot title that the legislature has not
provided, required by RCW 29A.72.050 and a summary of
the measure, not to exceed seventy-five words, and transmit
the serial number for the measure, complete ballot title, and
summary to the secretary of state. Saturdays, Sundays, and
legal holidays are not counted in calculating the time limits in
this section. [2003 c 111 § 1807. Prior: 2000 c 197 § 2; 1993
c 256 § 9; 1982 c 116 § 4; 1973 1st ex.s. c 118 § 2; 1965 c 9
§ 29.79.040; prior: 1953 c 242 § 2; 1913 c 138 § 2; RRS §
5398. Formerly RCW 29.79.040.]
29A.72.060
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
Severability—Effective date—1993 c 256: See notes following RCW
29A.84.280.
Ballot titles to other state and local measures: RCW 29A.36.020 through
29A.36.090.
29A.72.070 Ballot title and summary—Notice. Upon
the filing of the ballot title and summary for a state initiative
or referendum measure in the office of secretary of state, the
secretary of state shall notify by telephone and by mail, and,
if requested, by other electronic means, the person proposing
the measure, the prime sponsor of a referendum bill or alternative to an initiative to the legislature, the chief clerk of the
house of representatives, the secretary of the senate, and any
other individuals who have made written request for such
notification of the exact language of the ballot title and summary. [2003 c 111 § 1808. Prior: 2000 c 197 § 3; 1982 c 116
§ 5; 1973 1st ex.s. c 118 § 3; 1965 c 9 § 29.79.050; prior:
1913 c 138 § 3, part; RRS § 5399, part. Formerly RCW
29.79.050.]
29A.72.070
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
29A.72.080 Ballot title and summary—Appeal to
superior court. Any persons, including the attorney general
or either or both houses of the legislature, dissatisfied with
the ballot title or summary for a state initiative or referendum
may, within five days from the filing of the ballot title in the
29A.72.080
(2008 Ed.)
29A.72.100
office of the secretary of state appeal to the superior court of
Thurston county by petition setting forth the measure, the
ballot title or summary, and their objections to the ballot title
or summary and requesting amendment of the ballot title or
summary by the court. Saturdays, Sundays, and legal holidays are not counted in calculating the time limits contained
in this section.
A copy of the petition on appeal together with a notice
that an appeal has been taken shall be served upon the secretary of state, upon the attorney general, and upon the person
proposing the measure if the appeal is initiated by someone
other than that person. Upon the filing of the petition on
appeal or at the time to which the hearing may be adjourned
by consent of the appellant, the court shall accord first priority to examining the proposed measure, the ballot title or
summary, and the objections to that ballot title or summary,
may hear arguments, and shall, within five days, render its
decision and file with the secretary of state a certified copy of
such ballot title or summary as it determines will meet the
requirements of RCW 29A.72.060. The decision of the superior court shall be final. Such appeal shall be heard without
costs to either party. [2003 c 111 § 1809. Prior: 2000 c 197
§ 4; 1982 c 116 § 6; 1965 c 9 § 29.79.060; prior: 1913 c 138
§ 3, part; RRS § 5399, part. Formerly RCW 29.79.060.]
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
29A.72.090
29A.72.090 Ballot title and summary—Mailed to
proponents and other persons—Appearance on petitions.
When the ballot title and summary are finally established, the
secretary of state shall file the instrument establishing it with
the proposed measure and transmit a copy thereof by mail to
the person proposing the measure, the chief clerk of the house
of representatives, the secretary of the senate, and to any
other individuals who have made written request for such
notification. Thereafter such ballot title shall be the title of
the measure in all petitions, ballots, and other proceedings in
relation thereto. The summary shall appear on all petitions
directly following the ballot title. [2003 c 111 § 1810. Prior:
2000 c 197 § 5; 1982 c 116 § 7; 1965 c 9 § 29.79.070; prior:
1913 c 138 § 4, part; RRS § 5400, part. Formerly RCW
29.79.070.]
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
29A.72.100
29A.72.100 Petitions—Paper—Size—Contents. The
person proposing the measure shall print blank petitions upon
single sheets of paper of good writing quality (including but
not limited to newsprint) not less than eleven inches in width
and not less than fourteen inches in length. Each petition at
the time of circulating, signing, and filing with the secretary
of state must consist of not more than one sheet with numbered lines for not more than twenty signatures, with the prescribed warning and title, be in the form required by RCW
29A.72.110, 29A.72.120, or 29A.72.130, and have a readable, full, true, and correct copy of the proposed measure
printed on the reverse side of the petition. [2003 c 111 §
1811; 1982 c 116 § 8; 1973 1st ex.s. c 118 § 4; 1965 c 9 §
29.79.080. Prior: (i) 1913 c 138 § 4, part; RRS § 5400, part.
(ii) 1913 c 138 § 9; RRS § 5405. Formerly RCW 29.79.080.]
[Title 29A RCW—page 97]
29A.72.110
Title 29A RCW: Elections
29A.72.110 Petitions to legislature—Form. Petitions
for proposing measures for submission to the legislature at its
next regular session must be substantially in the following
form:
INITIATIVE PETITION FOR SUBMISSION
TO THE PEOPLE
29A.72.110
The warning prescribed by RCW 29A.72.140; followed
by:
INITIATIVE PETITION FOR SUBMISSION
TO THE LEGISLATURE
To the Honorable . . . . . ., Secretary of State of the State of
Washington:
We, the undersigned citizens and legal voters of the State
of Washington, respectfully direct that this petition and the
proposed measure known as Initiative Measure No. . . . . and
entitled (here set forth the established ballot title of the measure), a full, true, and correct copy of which is printed on the
reverse side of this petition, be transmitted to the legislature
of the State of Washington at its next ensuing regular session,
and we respectfully petition the legislature to enact said proposed measure into law; and each of us for himself or herself
says: I have personally signed this petition; I am a legal voter
of the State of Washington in the city (or town) and county
written after my name, my residence address is correctly
stated, and I have knowingly signed this petition only once.
The following declaration must be printed on the reverse
side of the petition:
I, . . . . . . . . . . . ., swear or affirm under penalty of law
that I circulated this sheet of the foregoing petition, and that,
to the best of my knowledge, every person who signed this
sheet of the foregoing petition knowingly and without any
compensation or promise of compensation willingly signed
his or her true name and that the information provided therewith is true and correct. I further acknowledge that under
chapter 29A.84 RCW, forgery of signatures on this petition
constitutes a class C felony, and that offering any consideration or gratuity to any person to induce them to sign a petition is a gross misdemeanor, such violations being punishable
by fine or imprisonment or both.
RCW 9A.46.020 applies to any conduct constituting
harassment against a petition signature gatherer. This penalty
does not preclude the victim from seeking any other remedy
otherwise available under law.
To the Honorable . . . . . ., Secretary of State of the State of
Washington:
We, the undersigned citizens and legal voters of the State
of Washington, respectfully direct that the proposed measure
known as Initiative Measure No. . . . ., entitled (here insert
the established ballot title of the measure), a full, true and
correct copy of which is printed on the reverse side of this
petition, be submitted to the legal voters of the State of Washington for their approval or rejection at the general election to
be held on the . . . . . day of November, (year); and each of us
for himself or herself says: I have personally signed this petition; I am a legal voter of the State of Washington, in the city
(or town) and county written after my name, my residence
address is correctly stated, and I have knowingly signed this
petition only once.
The following declaration must be printed on the reverse
side of the petition:
I, . . . . . . . . . . . ., swear or affirm under penalty of law
that I circulated this sheet of the foregoing petition, and that,
to the best of my knowledge, every person who signed this
sheet of the foregoing petition knowingly and without any
compensation or promise of compensation willingly signed
his or her true name and that the information provided therewith is true and correct. I further acknowledge that under
chapter 29A.84 RCW, forgery of signatures on this petition
constitutes a class C felony, and that offering any consideration or gratuity to any person to induce them to sign a petition is a gross misdemeanor, such violations being punishable
by fine or imprisonment or both.
RCW 9A.46.020 applies to any conduct constituting
harassment against a petition signature gatherer. This penalty
does not preclude the victim from seeking any other remedy
otherwise available under law.
The petition must include a place for each petitioner to
sign and print his or her name, and the address, city, and
county at which he or she is registered to vote. [2005 c 239 §
2; 2003 c 111 § 1813; 1982 c 116 § 10; 1965 c 9 § 29.79.100.
Prior: 1913 c 138 § 6, part; RRS § 5402, part. Formerly
RCW 29.79.100.]
Effective date—2005 c 239: See note following RCW 29A.72.110.
The petition must include a place for each petitioner to
sign and print his or her name, and the address, city, and
county at which he or she is registered to vote. [2005 c 239 §
1; 2003 c 111 § 1812; 1982 c 116 § 9; 1965 c 9 § 29.79.090.
Prior: 1913 c 138 § 5, part; RRS § 5401, part. Formerly
RCW 29.79.090.]
29A.72.130 Referendum petitions—Form. Petitions
ordering that acts or parts of acts passed by the legislature be
referred to the people at the next ensuing general election, or
special election ordered by the legislature, must be substantially in the following form:
Effective date—2005 c 239: "This act takes effect January 1, 2006."
[2005 c 239 § 4.]
by:
29A.72.120 Petitions to people—Form. Petitions for
proposing measures for submission to the people for their
approval or rejection at the next ensuing general election
must be substantially in the following form:
29A.72.120
The warning prescribed by RCW 29A.72.140; followed
by:
[Title 29A RCW—page 98]
29A.72.130
The warning prescribed by RCW 29A.72.140; followed
PETITION FOR REFERENDUM
To the Honorable . . . . . ., Secretary of State of the State of
Washington:
We, the undersigned citizens and legal voters of the State
of Washington, respectfully order and direct that Referendum
Measure No. . . . . ., filed to revoke a (or part or parts of a) bill
that (concise statement required by RCW 29A.36.071) and
(2008 Ed.)
State Initiative and Referendum
that was passed by the . . . . . . legislature of the State of
Washington at the last regular (special) session of said legislature, shall be referred to the people of the state for their
approval or rejection at the regular (special) election to be
held on the . . . . day of November, (year); and each of us for
himself or herself says: I have personally signed this petition;
I am a legal voter of the State of Washington, in the city (or
town) and county written after my name, my residence
address is correctly stated, and I have knowingly signed this
petition only once.
The following declaration must be printed on the reverse
side of the petition:
I, . . . . . . . . . . . ., swear or affirm under penalty of law
that I circulated this sheet of the foregoing petition, and that,
to the best of my knowledge, every person who signed this
sheet of the foregoing petition knowingly and without any
compensation or promise of compensation willingly signed
his or her true name and that the information provided therewith is true and correct. I further acknowledge that under
chapter 29A.84 RCW, forgery of signatures on this petition
constitutes a class C felony, and that offering any consideration or gratuity to any person to induce them to sign a petition is a gross misdemeanor, such violations being punishable
by fine or imprisonment or both.
RCW 9A.46.020 applies to any conduct constituting
harassment against a petition signature gatherer. This penalty
does not preclude the victim from seeking any other remedy
otherwise available under law.
The petition must include a place for each petitioner to
sign and print his or her name, and the address, city, and
county at which he or she is registered to vote. [2005 c 239 §
3; 2003 c 111 § 1814; 1993 c 256 § 10; 1982 c 116 § 11; 1965
c 9 § 29.79.110. Prior: 1913 c 138 § 7, part; RRS § 5403,
part. Formerly RCW 29.79.110.]
Effective date—2005 c 239: See note following RCW 29A.72.110.
Severability—Effective date—1993 c 256: See notes following RCW
29A.84.280.
29A.72.140 Warning statement—Further requirements. The word "warning" and the following warning statement regarding signing petitions must appear on petitions as
prescribed by this title and must be printed on each petition
sheet such that they occupy not less than four square inches
of the front of the petition sheet.
29A.72.180
eight percent of the votes cast for the office of governor at the
last regular gubernatorial election prior to the submission of
the signatures for verification, or when the person or organization demanding any referendum of an act or part of an act
of the legislature has obtained a number of signatures of legal
voters equal to or exceeding four percent of the votes cast for
the office of governor at the last regular gubernatorial election prior to the submission of the signatures for verification,
the petition containing the signatures may be submitted to the
secretary of state for filing. [2003 c 111 § 1816; 1982 c 116
§ 12; 1965 c 9 § 29.79.120. Prior: 1913 c 138 § 11, part;
RRS § 5407, part. See also State Constitution Art. 2 § 1A
(Amendment 30), (L. 1955, p. 1860, S.J.R. No. 4). Formerly
RCW 29.79.120.]
29A.72.160 Petitions—Time for filing. The time for
submitting initiative or referendum petitions to the secretary
of state for filing is as follows:
(1) A referendum petition ordering and directing that the
whole or some part or parts of an act passed by the legislature
be referred to the people for their approval or rejection at the
next ensuing general election or a special election ordered by
the legislature, must be submitted not more than ninety days
after the final adjournment of the session of the legislature
which passed the act;
(2) An initiative petition proposing a measure to be submitted to the people for their approval or rejection at the next
ensuing general election, must be submitted not less than four
months before the date of such election;
(3) An initiative petition proposing a measure to be submitted to the legislature at its next ensuing regular session
must be submitted not less than ten days before the commencement of the session. [2003 c 111 § 1817. Prior: 1965
c 9 § 29.79.140; prior: 1913 c 138 § 12, part; RRS § 5408,
part. Formerly RCW 29.79.140.]
29A.72.160
Initiative, referendum, time for filing: State Constitution Art. 2 § 1 (a) and
(d) (Amendment 7).
Measures, petitions, time for filing various types: RCW 29A.72.030.
29A.72.140
Severability—Effective date—1993 c 256: See notes following RCW
29A.84.280.
29A.72.170 Petitions—Acceptance or rejection by
secretary of state. The secretary of state may refuse to file
any initiative or referendum petition being submitted upon
any of the following grounds:
(1) That the petition does not contain the information
required by RCW 29A.72.110, 29A.72.120, or 29A.72.130.
(2) That the petition clearly bears insufficient signatures.
(3) That the time within which the petition may be filed
has expired.
In case of such refusal, the secretary of state shall
endorse on the petition the word "submitted" and the date,
and retain the petition pending appeal.
If none of the grounds for refusal exists, the secretary of
state must accept and file the petition. [2003 c 111 § 1818;
1982 c 116 § 13; 1965 c 9 § 29.79.150. Prior: (i) 1913 c 138
§ 11, part; RRS § 5407, part. (ii) 1913 c 138 § 12, part; RRS
§ 5408, part. Formerly RCW 29.79.150.]
29A.72.150 Petitions—Signatures—Number necessary. When the person proposing any initiative measure has
obtained signatures of legal voters equal to or exceeding
29A.72.180 Petitions—Review of refusal to file. If the
secretary of state refuses to file an initiative or referendum
petition when submitted for filing, the persons submitting it
WARNING
Every person who signs this petition with any other than
his or her true name, knowingly signs more than one of these
petitions, signs this petition when he or she is not a legal
voter, or makes any false statement on this petition may be
punished by fine or imprisonment or both.
[2003 c 111 § 1815; 1993 c 256 § 5. Formerly RCW
29.79.115.]
29A.72.150
(2008 Ed.)
29A.72.170
29A.72.180
[Title 29A RCW—page 99]
29A.72.190
Title 29A RCW: Elections
for filing may, within ten days after the refusal, apply to the
superior court of Thurston county for an order requiring the
secretary of state to bring the petitions before the court, and
for a writ of mandate to compel the secretary of state to file it.
The application takes precedence over other cases and matters and must be speedily heard and determined.
If the court issues the citation, and determines that the
petition is legal in form and apparently contains the requisite
number of signatures and was submitted for filing within the
time prescribed in the Constitution, it shall issue its mandate
requiring the secretary of state to file it as of the date of submission for filing.
The decision of the superior court granting a writ of
mandate is final. [2003 c 111 § 1819; 1965 c 9 § 29.79.160.
Prior: 1913 c 138 § 13, part; RRS § 5409, part. Formerly
RCW 29.79.160.]
Initiative, referendum, time for filing: State Constitution Art. 2 § 1 (a) and
(d) (Amendment 7).
29A.72.190
29A.72.190 Petitions—Appellate review. The decision of the superior court refusing to grant a writ of mandate
may be reviewed by the supreme court within five days after
the decision of the superior court. The review must be considered an emergency matter of public concern, and be heard
and determined with all convenient speed. If the supreme
court decides that the petitions are legal in form and apparently contain the requisite number of signatures of legal voters, and were filed within the time prescribed in the Constitution, it shall issue its mandate directing the secretary of state
to file the petition as of the date of submission. [2003 c 111
§ 1820; 1988 c 202 § 28; 1965 c 9 § 29.79.170. Prior: 1913
c 138 § 13, part; RRS § 5409, part. Formerly RCW
29.79.170.]
Rules of court: Writ procedure superseded by RAP 2.1(b), 2.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
29A.72.200
29A.72.200 Petitions—Destruction on final refusal.
If no appeal is taken from the refusal of the secretary of state
to file a petition within the time prescribed, or if an appeal is
taken and the secretary of state is not required to file the petition by the mandate of either the superior or the supreme
court, the secretary of state shall destroy it. [2003 c 111 §
1821. Prior: 1965 c 9 § 29.79.180; prior: 1913 c 138 § 13,
part; RRS § 5409, part. Formerly RCW 29.79.180.]
29A.72.210
29A.72.210 Petitions—Consolidation into volumes.
If the secretary of state accepts and files an initiative or referendum petition upon its being submitted for filing or if he or
she is required to file it by the court, he or she shall, in the
presence of the person submitting such petition for filing if he
or she desires to be present, arrange and assemble the sheets
containing the signatures into such volumes as will be most
convenient for verification and canvassing and shall consecutively number the volumes and stamp the date of filing on
each volume. [2003 c 111 § 1822. Prior: 1982 c 116 § 14;
1965 c 9 § 29.79.190; prior: 1913 c 138 § 14; RRS § 5410.
Formerly RCW 29.79.190.]
[Title 29A RCW—page 100]
29A.72.230 Petitions—Verification and canvass of
signatures, observers—Statistical sampling—Initiatives
to legislature, certification of. Upon the filing of an initiative or referendum petition, the secretary of state shall proceed to verify and canvass the names of the legal voters on
the petition. The verification and canvass of signatures on
the petition may be observed by persons representing the
advocates and opponents of the proposed measure so long as
they make no record of the names, addresses, or other information on the petitions or related records during the verification process except upon the order of the superior court of
Thurston county. The secretary of state may limit the number
of observers to not less than two on each side, if in his or her
opinion, a greater number would cause undue delay or disruption of the verification process. Any such limitation shall
apply equally to both sides. The secretary of state may use
any statistical sampling techniques for this verification and
canvass which have been adopted by rule as provided by
chapter 34.05 RCW. No petition will be rejected on the basis
of any statistical method employed, and no petition will be
accepted on the basis of any statistical method employed if
such method indicates that the petition contains fewer than
the requisite number of signatures of legal voters. If the secretary of state finds the same name signed to more than one
petition, he or she shall reject all but the first such valid signature. For an initiative to the legislature, the secretary of
state shall transmit a certified copy of the proposed measure
to the legislature at the opening of its session and, as soon as
the signatures on the petition have been verified and canvassed, the secretary of state shall send to the legislature a
certificate of the facts relating to the filing, verification, and
canvass of the petition. [2003 c 111 § 1823. Prior: 1993 c
368 § 1; 1982 c 116 § 15; 1977 ex.s. c 361 § 105; 1969 ex.s.
c 107 § 1; 1965 c 9 § 29.79.200; prior: 1933 c 144 § 1; 1913
c 138 § 15; RRS § 5411. Formerly RCW 29.79.200.]
29A.72.230
Effective date—1993 c 368: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 368 § 2.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
29A.72.240 Petitions to legislature—Count of signatures—Review. Any citizen dissatisfied with the determination of the secretary of state that an initiative or referendum
petition contains or does not contain the requisite number of
signatures of legal voters may, within five days after such
determination, apply to the superior court of Thurston county
for a citation requiring the secretary of state to submit the
petition to said court for examination, and for a writ of mandate compelling the certification of the measure and petition,
or for an injunction to prevent the certification thereof to the
legislature, as the case may be. Such application and all proceedings had thereunder shall take precedence over other
cases and shall be speedily heard and determined.
The decision of the superior court granting or refusing to
grant the writ of mandate or injunction may be reviewed by
the supreme court within five days after the decision of the
superior court, and if the supreme court decides that a writ of
mandate or injunction, as the case may be, should issue, it
shall issue the writ directed to the secretary of state; other29A.72.240
(2008 Ed.)
State Initiative and Referendum
wise, it shall dismiss the proceedings. The clerk of the
supreme court shall forthwith notify the secretary of state of
the decision of the supreme court. [2003 c 111 § 1824. Prior:
1988 c 202 § 29; 1965 c 9 § 29.79.210; prior: 1913 c 138 §
17; RRS § 5413. Formerly RCW 29.79.210.]
Rules of court: Writ procedure superseded by RAP 2.1(b), 2.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
29A.72.250
29A.72.250 Initiatives and referenda to voters—Certificates of
sufficiency. If a referendum or initiative petition for submission of a measure to the people is found sufficient, the secretary of state shall at the time
and in the manner that he or she certifies to the county auditors of the various
counties the names of candidates for state and district officers certify to each
county auditor the serial numbers and ballot titles of the several initiative and
referendum measures to be voted upon at the next ensuing general election
or special election ordered by the legislature. [2003 c 111 § 1825; 1965 c 9
§ 29.79.230. Prior: 1913 c 138 § 19; RRS § 5415. Formerly RCW
29.79.230.]
29A.72.250
29A.72.285
submission to the people are certified. [2003 c 111 § 1827.
Prior: 1965 c 9 § 29.79.280; prior: 1913 c 138 § 22, part;
RRS § 5418, part. Formerly RCW 29.79.280.]
29A.72.280 Substitute for rejected initiative—Concise description. For a measure designated as "Alternative
Measure No. . . . . B," the secretary of state shall obtain from
the measure adopting the alternative, or otherwise the attorney general, a concise description of the alternative measure
that differs from the concise description of the original initiative and indicates as clearly as possible the essential differences between the two measures. [2003 c 111 § 1828. Prior:
2000 c 197 § 6; 1965 c 9 § 29.79.290; prior: 1913 c 138 § 22,
part; RRS § 5418, part. Formerly RCW 29.79.290.]
29A.72.280
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
29A.72.250 Initiatives and referenda to voters—Certificates of
sufficiency—Serial numbers and short descriptions for advisory vote
measures. If a referendum or initiative petition for submission of a measure
to the people is found sufficient, the secretary of state shall at the time and in
the manner that he or she certifies *for the county auditors of the various
counties the names of candidates for state and district officers certify to each
county auditor the serial numbers and ballot titles of the several initiative and
referendum measures and serial numbers and short descriptions of measures
submitted for an advisory vote of the people to be voted upon at the next
ensuing general election or special election ordered by the legislature. [2008
c 1 § 10 (Initiative Measure No. 960, approved November 6, 2007); 2003 c
111 § 1825; 1965 c 9 § 29.79.230. Prior: 1913 c 138 § 19; RRS § 5415. Formerly RCW 29.79.230.]
29A.72.283 Advisory vote on tax legislation—Short
description. Within five days of receipt of a measure for an
advisory vote of the people from the secretary of state under
RCW 29A.72.040 the attorney general shall formulate a short
description not exceeding thirty-three words and not subject
to appeal, of each tax increase and shall transmit a certified
copy of such short description meeting the requirements of
this section to the secretary of state. The description must be
formulated and displayed on the ballot substantially as follows:
Reviser’s note: *(1) The word "to" was changed to "for" by 2008 c 1 §
10 (Initiative Measure No. 960) without enclosing "to" in double parentheses
and underlining "for."
(2) RCW 29A.72.250 was amended by 2008 c 1 § 10 (Initiative Measure No. 960) without enclosing by double parentheses all material proposed
for deletion and underlining all proposed new material, in amendatory sections. See RCW 29A.32.080.
"The legislature imposed, without a vote of the people, (identification of tax and description of increase), costing (most
up-to-date ten-year cost projection, expressed in dollars and
rounded to the nearest million) in its first ten years, for government spending. This tax increase should be:
29A.72.283
Repealed . . . . . [ ]
Maintained . . . [ ]"
Findings—Intent—Construction—Severability—Subheadings and
part headings not law—Short title—Effective date—2008 c 1 (Initiative
Measure No. 960): See notes following RCW 43.135.031.
29A.72.260 Rejected initiative to legislature treated
as referendum bill. Whenever any measure proposed by initiative petition for submission to the legislature is rejected by
the legislature or the legislature takes no action thereon
before the end of the regular session at which it is submitted,
the secretary of state shall certify the serial number and ballot
title thereof to the county auditors for printing on the ballots
at the next ensuing general election in like manner as initiative measures for submission to the people are certified.
[2003 c 111 § 1826. Prior: 1965 c 9 § 29.79.270; prior: 1913
c 138 § 21; RRS § 5417. Formerly RCW 29.79.270.]
29A.72.260
29A.72.270 Substitute for rejected initiative treated
as referendum bill. If the legislature, having rejected a measure submitted to it by initiative petition, proposes a different
measure dealing with the same subject, the secretary of state
shall give that measure the same number as that borne by the
initiative measure followed by the letter "B." Such measure
so designated as "Alternative Measure No. . . . . B," together
with the ballot title thereof, when ascertained, shall be certified by the secretary of state to the county auditors for printing on the ballots for submission to the voters for their
approval or rejection in like manner as initiative measures for
29A.72.270
(2008 Ed.)
Saturdays, Sundays, and legal holidays are not counted in
calculating the time limits in this section. The words "This
tax increase should be: Repealed . . . [ ] Maintained . . . [ ]"
are not counted in the thirty-three word limit for a short
description under this section. [2008 c 1 § 8 (Initiative Measure No. 960, approved November 6, 2007).]
Findings—Intent—Construction—Severability—Subheadings and
part headings not law—Short title—Effective date—2008 c 1 (Initiative
Measure No. 960): See notes following RCW 43.135.031.
29A.72.285 Advisory vote on tax legislation—Short
description filing and transmittal. When the short description is finally established under RCW 29A.72.283, the secretary of state shall file the instrument establishing it with the
proposed measure and transmit a copy thereof by mail to the
chief clerk of the house of representatives, the secretary of
the senate, and to any other individuals who have made written request for such notification. Thereafter such short
description shall be the description of the measure in all ballots and other proceedings in relation thereto. [2008 c 1 § 9
(Initiative Measure No. 960, approved November 6, 2007).]
29A.72.285
Findings—Intent—Construction—Severability—Subheadings and
part headings not law—Short title—Effective date—2008 c 1 (Initiative
Measure No. 960): See notes following RCW 43.135.031.
[Title 29A RCW—page 101]
29A.72.290
Title 29A RCW: Elections
29A.72.290 Printing ballot titles and short descriptions on ballots—Order and form. The county auditor of
each county shall print on the official ballots for the election
at which initiative and referendum measures and measures
for an advisory vote of the people are to be submitted to the
people for their approval or rejection, the serial numbers and
ballot titles certified by the secretary of state and the serial
numbers and short descriptions of measures for an advisory
vote of the people. They must appear under separate headings in the order of the serial numbers as follows:
(1) Measures proposed for submission to the people by
initiative petition will be under the heading, "Proposed by
Initiative Petition";
(2) Bills passed by the legislature and ordered referred to
the people by referendum petition will be under the heading,
"Passed by the Legislature and Ordered Referred by Petition";
(3) Bills passed and referred to the people by the legislature will be under the heading, "Proposed to the People by the
Legislature";
(4) Measures proposed to the legislature and rejected or
not acted upon will be under the heading, "Proposed to the
Legislature and Referred to the People";
(5) Measures proposed to the legislature and alternative
measures passed by the legislature in lieu thereof will be
under the heading, "Initiated by Petition and Alternative by
Legislature";
(6) Measures for an advisory vote of the people under
RCW 29A.72.040 will be under the heading, "Advisory Vote
of the People." [2008 c 1 § 11 (Initiative Measure No. 960,
approved November 6, 2007); 2003 c 111 § 1829; 1965 c 9 §
29.79.300. Prior: 1913 c 138 § 23; RRS § 5419. Formerly
RCW 29.79.300.]
29A.72.290
Findings—Intent—Construction—Severability—Subheadings and
part headings not law—Short title—Effective date—2008 c 1 (Initiative
Measure No. 960): See notes following RCW 43.135.031.
Chapter 29A.76
Chapter 29A.76 RCW
REDISTRICTING
Sections
29A.76.010 Counties, municipal corporations, and special purpose districts.
29A.76.020 Boundary information.
29A.76.030 Precinct boundary change—Registration transfer.
29A.76.040 Maps and census correspondence lists—Apportionment—
Duties of secretary of state.
29A.76.010 Counties, municipal corporations, and
special purpose districts. (1) It is the responsibility of each
county, municipal corporation, and special purpose district
with a governing body comprised of internal director, council, or commissioner districts not based on statutorily
required land ownership criteria to periodically redistrict its
governmental unit, based on population information from the
most recent federal decennial census.
(2) Within forty-five days after receipt of federal decennial census information applicable to a specific local area, the
commission established in RCW 44.05.030 shall forward the
census information to each municipal corporation, county,
and district charged with redistricting under this section.
29A.76.010
[Title 29A RCW—page 102]
(3) No later than eight months after its receipt of federal
decennial census data, the governing body of the municipal
corporation, county, or district shall prepare a plan for redistricting its internal or director districts.
(4) The plan shall be consistent with the following criteria:
(a) Each internal director, council, or commissioner district shall be as nearly equal in population as possible to each
and every other such district comprising the municipal corporation, county, or special purpose district.
(b) Each district shall be as compact as possible.
(c) Each district shall consist of geographically contiguous area.
(d) Population data may not be used for purposes of
favoring or disfavoring any racial group or political party.
(e) To the extent feasible and if not inconsistent with the
basic enabling legislation for the municipal corporation,
county, or district, the district boundaries shall coincide with
existing recognized natural boundaries and shall, to the extent
possible, preserve existing communities of related and
mutual interest.
(5) During the adoption of its plan, the municipal corporation, county, or district shall ensure that full and reasonable
public notice of its actions is provided. The municipal corporation, county, or district shall hold at least one public hearing
on the redistricting plan at least one week before adoption of
the plan.
(6)(a) Any registered voter residing in an area affected
by the redistricting plan may request review of the adopted
local plan by the superior court of the county in which he or
she resides, within forty-five days of the plan’s adoption.
Any request for review must specify the reason or reasons
alleged why the local plan is not consistent with the applicable redistricting criteria. The municipal corporation, county,
or district may be joined as respondent. The superior court
shall thereupon review the challenged plan for compliance
with the applicable redistricting criteria set out in subsection
(4) of this section.
(b) If the superior court finds the plan to be consistent
with the requirements of this section, the plan shall take
effect immediately.
(c) If the superior court determines the plan does not
meet the requirements of this section, in whole or in part, it
shall remand the plan for further or corrective action within a
specified and reasonable time period.
(d) If the superior court finds that any request for review
is frivolous or has been filed solely for purposes of harassment or delay, it may impose appropriate sanctions on the
party requesting review, including payment of attorneys’ fees
and costs to the respondent municipal corporation, county, or
district. [2003 c 111 § 1901. Prior: 1984 c 13 § 4; 1983 c 16
§ 15; 1982 c 2 § 27. Formerly RCW 29.70.100.]
Severability—1984 c 13: See RCW 44.05.902.
Contingent effective date—Severability—1983 c 16: See RCW
44.05.900 and 44.05.901.
29A.76.020 Boundary information. (1) The legislative authority of each county and each city, town, and special
purpose district which lies entirely within the county shall
provide the county auditor accurate information describing
its geographical boundaries and the boundaries of its director,
29A.76.020
(2008 Ed.)
Congressional Districts and Apportionment
council, or commissioner districts and shall ensure that the
information provided to the auditor is kept current.
(2) A city, town, or special purpose district that lies in
more than one county shall provide the secretary of state
accurate information describing its geographical boundaries
and the boundaries of its director, council, or commissioner
districts and shall ensure that the information provided to the
secretary is kept current. The secretary of state shall
promptly transmit to each county in which a city, town, or
special purpose district is located information regarding the
boundaries of that jurisdiction which is provided to the secretary. [2003 c 111 § 1902. Prior: 1991 c 178 § 2. Formerly
RCW 29.15.026, 29.04.220.]
29A.76.030 Precinct boundary change—Registration
transfer. If the boundaries of any city, township, or rural
precinct are changed in the manner provided by law, the
county auditor shall transfer the registration cards of every
registered voter whose place of residence is affected thereby
to the files of the proper precinct, noting thereon the name or
number of the new precinct, or change the addresses, the precinct names or numbers, and the special district designations
for those registered voters on the voter registration lists of the
county. It shall not be necessary for any registered voter
whose residence has been changed from one precinct to
another, by a change of boundary, to apply to the registration
officer for a transfer of registration. The county auditor shall
mail to each registrant in the new precinct a notice that his or
her precinct has been changed from . . . . . . to . . . . . ., and
that thereafter the registrant will be entitled to vote in the new
precinct, giving the name or number. [2003 c 111 § 1903;
1971 ex.s. c 202 § 27; 1965 c 9 § 29.10.060. Prior: 1933 c 1
§ 17; RRS § 5114-17. Formerly RCW 29.10.060.]
29A.76.030
29A.76.040 Maps and census correspondence lists—
Apportionment—Duties of secretary of state. (1) With
regard to functions relating to census, apportionment, and the
establishment of legislative and congressional districts, the
secretary of state shall:
(a) Coordinate and monitor precinct mapping functions
of the county auditors and county engineers;
(b) Maintain official state base maps and correspondence
lists and maintain an index of all such maps and lists;
(c) Furnish to the United States bureau of the census as
needed for the decennial census of population, current, accurate, and easily readable versions of maps of all counties, cities, towns, and other areas of this state, which indicate current precinct boundaries together with copies of the census
correspondence lists.
(2) The secretary of state shall serve as the state liaison
with the United States bureau of census on matters relating to
the preparation of maps and the tabulation of population for
apportionment purposes. [2003 c 111 § 1904; 1989 c 278 §
2; 1977 ex.s. c 128 § 4; 1975-’76 2nd ex.s. c 129 § 2. Formerly RCW 29.04.140.]
29A.76.040
Severability—1977 ex.s. c 128: See note following RCW 29A.16.040.
Effective date—1975-’76 2nd ex.s. c 129: "This 1976 amendatory act
shall take effect on February 1, 1977." [1975-’76 2nd ex.s. c 129 § 5.]
Severability—1975-’76 2nd ex.s. c 129: "If any provision of this 1976
amendatory act, or its application to any person or circumstance is held
(2008 Ed.)
Chapter 29A.76A
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975-’76 2nd ex.s. c 129 § 6.]
Chapter 29A.76A
Chapter 29A.76A RCW
CONGRESSIONAL DISTRICTS
AND APPORTIONMENT
Reviser’s note: The following material represents the congressional
portion of the redistricting plan filed with the legislature by the Washington
State Redistricting Commission on January 2, 2002. For state legislative districts, see chapter 44.07D RCW.
WASHINGTON STATE REDISTRICTING
COMMISSION REDISTRICTING PLAN
A PLAN Relating to the portion of the plan for the redistricting of congressional districts.
BE IT APPROVED BY THE REDISTRICTING COMMISSION OF THE STATE OF WASHINGTON:
Sec. 1. It is the intent of the commission to redistrict the
congressional districts of the state of Washington in accordance with the Constitution and laws of the United States and
the state of Washington.
Sec. 2. The definitions set forth in RCW 44.05.020
apply throughout this plan, unless the context requires otherwise.
Sec. 3. In every case the population of the congressional
districts described by this plan has been ascertained on the
basis of the total number of persons found inhabiting such
areas as of April 1, 2000, in accordance with the 2000 federal
decennial census data submitted pursuant to P.L. 94-171.
Sec. 4. (a) Any area not specifically included within the
boundaries of any of the districts as described in this plan and
that is completely surrounded by a particular district, shall be
a part of that district. Any such area not completely surrounded by a particular district shall be a part of the district
having the smallest number of inhabitants and having territory contiguous to such area.
(b) Any area described in this plan as specifically
embraced in two or more noninclusive districts shall be a part
of the adjacent district having the smallest number of inhabitants and shall not be a part of the other district or districts.
(c) Any area specifically mentioned as embraced within
a district but separated from such district by one or more
other districts, shall be assigned as though it had not been
included in any district specifically described.
(d) The 2000 United States federal decennial census data
submitted pursuant to P.L. 94-171 shall be used for determining the number of inhabitants under this plan.
Sec. 5. For purposes of this plan, districts shall be
described in terms of:
(1) Official United States census bureau tracts, block
groups, or blocks established by the United States bureau of
the census in the 2000 federal decennial census;
(2) Counties, municipalities, or other political subdivisions as they existed on January 1, 2000;
[Title 29A RCW—page 103]
Chapter 29A.76A
Title 29A RCW: Elections
(3) Any natural or artificial boundaries or monuments
including but not limited to rivers, streams, or lakes as they
existed on January 1, 2000;
(4) Roads, streets, or highways as they existed on January 1, 2000.
Sec. 6. Pursuant to the most recent certificate of entitlement from the Clerk of the U.S. House of Representatives as
required by 2 U.S.C. section 2a, the territory of the state shall
be divided into nine congressional districts. The congressional districts described by this plan shall be those recorded
electronically as "JOINTSUB-C 01", maintained in computer
files designated as FINAL-CONG-2001, which are public
records of the commission. As soon as practicable after
approval and submission of this plan to the legislature, the
commission shall publish "JOINTSUB-C 01".
Sec. 7. This commission intends that this plan supersede
the district boundaries established by chapter 29.69B RCW.
Sec. 8. If any provision of this plan or its application to
any person or circumstance is held invalid, the remainder of
the plan or its application to other persons or circumstances is
not affected.
District 1: King County (Part) - Tracts: 4.01, 201.00,
202.00, 203.00, 204.02, 207.00, 208.00, 209.00, 215.00,
216.00, 217.00, 218.02, 218.03, 218.04, 219.03, 219.04,
219.05, 219.06, 220.01, 220.03, 220.05, 220.06, 221.01,
221.02, 222.01, 222.02, 222.03, 223.00, 224.00, 225.00,
226.03, 226.04, 226.05, 226.06, 227.02, 228.02, 323.07,
323.09, 323.11, 323.19, 323.20, 323.21, 323.22, 323.23,
323.24, 323.25, King County (Part) - Block Groups Tract
3.00; Block Group 3, Tract 4.02; Block Group 1, Tract
204.01; Block Group 2, Tract 204.01; Block Group 4, Tract
206.00; Block Group 4, Tract 210.00; Block Group 3, Tract
210.00; Block Group 4, Tract 227.01; Block Group 1, Tract
227.03; Block Group 2, Tract 228.03; Block Group 1, Tract
323.12; Block Group 1, Tract 323.12; Block Group 3, King
County (Part) - Blocks: Tract 3.00; Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block
2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2018, Block 2019, Block
2020, Block 2021, Tract 4.02; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 5000, Block
5001, Block 5002, Block 5003, Block 5004, Block 5005,
Block 5006, Block 5007, Tract 5.00; Block 1000, Block
1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1009, Block
1010, Block 1011, Block 1012, Block 1013, Block 1999,
Block 2000, Block 2001, Block 2002, Block 2003, Block
2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 3005, Block 3006, Block
3007, Block 3011, Tract 6.00; Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block
1013, Block 1014, Block 1019, Block 1020, Block 1021,
Tract 14.00; Block 5999, Tract 204.01; Block 1000, Block
1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1009, Block
1010, Block 1011, Block 1012, Block 1013, Block 1015,
Block 1016, Block 3009, Block 3010, Block 3011, Tract
205.00; Block 6000, Tract 206.00; Block 1003, Block 1004,
[Title 29A RCW—page 104]
Block 3001, Block 3002, Block 3003, Block 3007, Block
3008, Tract 210.00; Block 2003, Block 2004, Block 2009,
Block 5002, Block 5003, Block 5004, Block 5005, Block
5010, Block 5011, Block 5012, Block 5013, Block 5014,
Block 5015, Tract 214.00; Block 1000, Block 1001, Block
1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 3000, Tract 227.01; Block 2000, Block 2001, Block
2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2999, Tract 227.03; Block
1000, Block 1001, Block 1002, Block 1008, Block 1011,
Tract 228.03; Block 2000, Block 2001, Block 2002, Block
2006, Block 2007, Block 2008, Tract 242.00; Block 2999,
Tract 323.12; Block 2006, Block 2007, Block 2008, Block
5001, Block 5002, Tract 323.13; Block 3008, Block 3009,
Block 3010, Block 3011, Block 3015, Block 3016, Block
3017, Block 3018, Block 3019, Kitsap County (Part) - Tracts:
901.01, 901.02, 902.00, 903.00, 904.00, 905.00, 906.01,
906.02, 907.00, 908.00, 909.00, 910.00, 911.00, 912.01,
912.03, 912.04, 913.01, 913.02, Kitsap County (Part) - Block
Groups Tract 914.00; Block Group 1, Tract 915.00; Block
Group 2, Tract 916.00; Block Group 2, Tract 917.00; Block
Group 1, Tract 920.00; Block Group 1, Kitsap County (Part)
- Blocks: Tract 809.00; Block 2011, Tract 914.00; Block
2009, Block 2010, Block 2011, Block 2999, Tract 915.00;
Block 1000, Block 1001, Block 1002, Block 1003, Block
1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block
1013, Block 1014, Block 1015, Block 1016, Block 1017,
Block 1018, Block 1019, Block 1020, Block 1022, Block
1023, Block 1024, Block 1025, Tract 916.00; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block
1005, Block 1006, Tract 917.00; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block
2008, Block 2999, Tract 918.00; Block 1000, Block 1001,
Block 1998, Tract 920.00; Block 2029, Block 2030, Block
2031, Block 2032, Block 2033, Block 2034, Block 2035,
Block 2036, Block 2037, Block 2038, Block 2039, Block
2040, Block 2041, Block 2043, Block 2044, Block 2047,
Block 2048, Block 2052, Block 2124, Block 2125, Block
2126, Block 2997, Snohomish County (Part) - Tracts:
416.07, 416.08, 417.02, 418.04, 418.07, 419.05, 420.01,
420.03, 420.04, 420.05, 420.06, 501.01, 501.02, 502.00,
503.00, 504.01, 504.02, 505.00, 506.00, 507.00, 508.00,
509.00, 510.00, 511.00, 512.00, 513.00, 514.00, 515.00,
516.01, 516.02, 517.01, 517.02, 518.01, 518.02, 519.05,
519.09, 519.11, 519.12, 519.13, 519.14, 519.15, 519.16,
519.17, 519.18, 519.19, 519.20, 520.03, 520.04, 520.05,
520.06, 520.07, 521.07, 521.08, 521.10, 521.11, 521.12, Snohomish County (Part) - Block Groups Tract 416.01; Block
Group 3, Tract 416.06; Block Group 2, Tract 416.06; Block
Group 3, Tract 416.06; Block Group 4, Tract 417.01; Block
Group 2, Tract 418.06; Block Group 1, Tract 418.06; Block
Group 3, Tract 418.08; Block Group 2, Tract 418.08; Block
Group 3, Tract 419.01; Block Group 2, Tract 419.01; Block
Group 3, Tract 521.13; Block Group 3, Tract 522.04; Block
Group 2, Tract 522.04; Block Group 3, Tract 522.05; Block
Group 1, Tract 522.05; Block Group 4, Snohomish County
(Part) -Blocks: Tract 416.01; Block 1000, Block 1002, Block
1003, Block 1004, Block 1005, Block 1006, Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block
2005, Block 2007, Block 2008, Block 2009, Block 2010,
(2008 Ed.)
Congressional Districts and Apportionment
Block 2016, Block 2017, Block 2019, Block 4008, Block
4009, Tract 416.05; Block 1000, Block 1001, Block 1002,
Block 1005, Block 1006, Block 1007, Block 1008, Block
1009, Block 1011, Block 1012, Block 2000, Block 2001,
Block 2002, Block 2004, Block 2005, Block 2006, Block
2007, Block 2008, Block 3000, Block 3001, Block 3002,
Block 3003, Block 3004, Block 3009, Block 3010, Block
3011, Block 3012, Block 3013, Tract 416.06; Block 1000,
Block 1002, Tract 417.01; Block 1003, Block 1004, Block
1006, Block 1007, Block 1008, Block 3007, Block 3008,
Block 3009, Block 3010, Block 3011, Block 3012, Block
3013, Tract 418.05; Block 1014, Tract 418.06; Block 2005,
Block 2006, Block 2007, Tract 418.08; Block 1005, Block
1018, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1023, Tract 419.01; Block 1001, Block 1003, Block
1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block
1013, Block 1016, Block 1017, Block 1018, Block 1019,
Tract 419.03; Block 2007, Tract 521.05; Block 2014, Block
2015, Block 2016, Block 2017, Block 2018, Block 2019,
Block 2020, Block 2021, Block 2994, Block 2995, Block
2996, Block 2998, Tract 521.13; Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block
1007, Block 1008, Block 1009, Block 1010, Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block
2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block
2014, Block 2015, Block 2016, Block 2017, Block 2018,
Block 2019, Block 2021, Block 2999, Tract 522.04; Block
1013, Block 1014, Block 1015, Block 1016, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block
1023, Block 1024, Block 1025, Block 1026, Tract 522.05;
Block 2003, Block 2004, Block 2006, Block 2007, Block
2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Tract 538.01; Block 2000, Block
2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2009, Block
2010, Block 2011, Block 2997.
District 2: Island County, King County (Part) - Blocks:
Tract 328.00; Block 2072, Block 2073, Block 2074, Block
2075, Block 2076, Block 2077, Block 2078, Block 2079,
Block 2080, Block 2081, Block 2082, Block 2083, Block
2084, Block 2085, Block 2996, Block 3000, Block 3001,
Block 3002, Block 3003, Block 3004, Block 3005, Block
3006, Block 3007, Block 3008, Block 3009, Block 3010,
Block 3011, Block 3012, Block 3013, Block 3014, Block
3015, Block 3016, Block 3017, Block 3018, Block 3019,
Block 3020, Block 3021, Block 3022, Block 3023, Block
3024, Block 3025, Block 3026, Block 3027, Block 3028,
Block 3029, Block 3030, Block 3031, Block 3032, Block
3033, Block 3034, Block 3035, Block 3036, Block 3037,
Block 3038, Block 3039, Block 3040, Block 3041, Block
3042, Block 3043, Block 3044, Block 3045, Block 3046,
Block 3047, Block 3048, Block 3049, Block 3050, Block
3051, Block 3052, Block 3053, Block 3054, Block 3055,
Block 3056, Block 3057, Block 3058, Block 3059, Block
3060, Block 3061, Block 3062, Block 3063, Block 3064,
Block 3065, Block 3066, Block 3067, Block 3068, Block
3069, Block 3070, Block 3071, Block 3072, Block 3073,
Block 3074, Block 3075, Block 3076, Block 3077, Block
(2008 Ed.)
Chapter 29A.76A
3078, Block 3079, Block 3080, Block 3081, Block 3082,
Block 3083, Block 3084, Block 3085, Block 3086, Block
3087, Block 3088, Block 3089, Block 3090, Block 3091,
Block 3154, Block 3155, Block 3156, Block 3157, Block
3158, Block 3159, Block 3160, Block 3212, Block 3213,
Block 3214, Block 3215, Block 3216, Block 3217, Block
3218, Block 3219, Block 3220, Block 3221, Block 3222,
Block 3223, Block 3224, Block 3225, Block 3226, Block
3227, Block 3228, Block 3229, Block 3230, Block 3231,
Block 3232, Block 3233, Block 3234, Block 3235, Block
3236, Block 3237, Block 3238, Block 3239, Block 3240,
Block 3241, Block 3242, Block 3243, Block 3244, Block
3245, Block 3246, Block 3247, Block 3248, Block 3249,
Block 3250, Block 3251, Block 3252, Block 3253, Block
3254, Block 3255, Block 3256, Block 3257, Block 3258,
Block 3259, Block 3260, Block 3261, Block 3262, Block
3263, Block 3264, Block 3265, Block 3266, Block 3267,
Block 3268, Block 3269, Block 3270, Block 3271, Block
3272, Block 3273, Block 3274, Block 3275, Block 3276,
Block 3277, Block 3278, Block 3279, Block 3280, Block
3281, Block 3282, Block 3283, Block 3284, Block 3285,
Block 3286, Block 3287, Block 3288, Block 3289, Block
3290, Block 3291, Block 3292, Block 3293, Block 3294,
Block 3295, Block 3296, Block 3297, Block 3298, Block
3299, Block 3300, Block 3301, Block 3302, Block 3303,
Block 3304, Block 3305, Block 3306, Block 3307, Block
3308, Block 3309, Block 3310, Block 3311, Block 3312,
Block 3313, Block 3314, Block 3315, Block 3316, Block
3317, Block 3318, Block 3319, Block 3320, Block 3321,
Block 3322, Block 3323, Block 3324, Block 3325, Block
3326, Block 3327, Block 3328, Block 3329, Block 3330,
Block 3331, Block 3332, Block 3333, Block 3334, Block
3335, Block 3336, Block 3337, Block 3338, Block 3339,
Block 3340, Block 3341, Block 3342, Block 3343, Block
3344, Block 3345, Block 3346, Block 3347, Block 3348,
Block 3349, Block 3350, Block 3351, Block 3352, Block
3353, Block 3354, Block 3355, Block 3356, Block 3357,
Block 3358, Block 3359, Block 3360, Block 3361, Block
3362, Block 3363, Block 3364, Block 3365, Block 3366,
Block 3367, Block 3368, Block 3369, Block 3370, Block
3371, Block 3372, Block 3373, Block 3375, Block 3376,
Block 3377, Block 3378, Block 3380, Block 3381, Block
3382, Block 3383, Block 3384, Block 3385, Block 3386,
Block 3387, Block 3388, Block 3991, Block 3992, Block
3993, Block 3994, Block 3997, Block 3998, Block 3999, San
Juan County, Skagit County, Snohomish County (Part) Tracts: 401.00, 402.00, 403.00, 404.00, 405.00, 406.00,
407.00, 408.00, 409.00, 410.00, 411.00, 412.01, 412.02,
413.01, 413.02, 414.00, 415.00, 419.04, 521.04, 522.03,
522.06, 522.07, 523.01, 523.02, 524.01, 524.02, 525.02,
525.03, 525.04, 526.03, 526.04, 526.05, 526.06, 526.07,
527.01, 527.03, 527.04, 527.05, 528.03, 528.04, 528.05,
528.06, 529.01, 529.03, 529.04, 530.01, 530.02, 531.01,
531.02, 532.01, 532.02, 533.01, 533.02, 534.00, 535.03,
535.04, 535.05, 535.06, 536.01, 536.02, 537.00, 538.02,
538.03, Snohomish County (Part) -Block Groups Tract
418.05; Block Group 2, Tract 418.05; Block Group 3, Tract
418.05; Block Group 4, Tract 418.06; Block Group 4, Tract
418.06; Block Group 5, Tract 418.06; Block Group 6, Tract
419.03; Block Group 1, Tract 419.03; Block Group 3, Tract
521.05; Block Group 1, Tract 522.05; Block Group 3, Tract
[Title 29A RCW—page 105]
Chapter 29A.76A
Title 29A RCW: Elections
522.05; Block Group 5, Tract 522.05; Block Group 6, Tract
538.01; Block Group 1, Tract 538.01; Block Group 3, Tract
538.01; Block Group 4, Snohomish County (Part) - Blocks:
Tract 416.01; Block 1001, Block 2006, Block 2011, Block
2012, Block 2013, Block 2014, Block 2015, Block 2018,
Block 2020, Block 2021, Block 2022, Block 2023, Block
2024, Block 2025, Block 2026, Block 4000, Block 4001,
Block 4002, Block 4003, Block 4004, Block 4005, Block
4006, Block 4007, Tract 416.05; Block 1003, Block 1004,
Block 1010, Block 2003, Block 3005, Block 3006, Block
3007, Block 3008, Tract 416.06; Block 1001, Tract 417.01;
Block 1000, Block 1001, Block 1002, Block 1005, Block
3000, Block 3001, Block 3002, Block 3003, Block 3004,
Block 3005, Block 3006, Tract 418.05; Block 1000, Block
1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1009, Block
1010, Block 1011, Block 1012, Block 1013, Block 1015,
Tract 418.06; Block 2000, Block 2001, Block 2002, Block
2003, Block 2004, Tract 418.08; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1006, Block
1007, Block 1008, Block 1009, Block 1010, Block 1011,
Block 1012, Block 1013, Block 1014, Block 1015, Block
1016, Block 1017, Tract 419.01; Block 1000, Block 1002,
Block 1014, Block 1015, Tract 419.03; Block 2000, Block
2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2008, Block 2009, Tract 521.05; Block
2000, Block 2001, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block
2009, Block 2010, Block 2011, Block 2012, Block 2013,
Block 2997, Block 2999, Tract 521.13; Block 1000, Block
1999, Block 2020, Tract 522.04; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1005, Block
1006, Block 1007, Block 1008, Block 1009, Block 1010,
Block 1011, Block 1012, Block 1017, Tract 522.05; Block
2000, Block 2001, Block 2002, Block 2005, Tract 538.01;
Block 2012, Block 2013, Block 2014, Block 2015, Block
2016, Block 2017, Block 2018, Block 2019, Block 2020,
Block 2021, Block 2022, Block 2023, Block 2024, Block
2025, Block 2026, Block 2027, Block 2028, Block 2029,
Block 2030, Block 2031, Block 2032, Block 2033, Block
2034, Block 2035, Block 2036, Block 2998, Block 2999,
Whatcom County.
District 3: Clark County, Cowlitz County, Lewis
County, Pacific County, Skamania County (Part) - Tracts:
9501.00, 9502.00, 9503.00, Skamania County (Part) Blocks: Tract 9504.00; Block 1039, Block 1040, Block
1041, Block 1042, Block 1043, Block 1044, Block 1045,
Block 1047, Block 1048, Block 1049, Block 1050, Block
1998, Tract 9505.00; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block
1007, Block 1008, Block 1009, Block 1010, Block 1011,
Block 1012, Block 1013, Block 1014, Block 1015, Block
1016, Block 1017, Block 1018, Block 1019, Block 1020,
Block 1021, Block 1022, Block 1023, Block 1024, Block
1025, Block 1026, Block 1027, Block 1028, Block 1029,
Block 1030, Block 1031, Block 1032, Block 1033, Block
1034, Block 1035, Block 1036, Block 1037, Block 1038,
Block 1039, Block 1040, Block 1041, Block 1042, Block
1043, Block 1044, Block 1045, Block 1046, Block 1047,
Block 1048, Block 1049, Block 1050, Block 1051, Block
[Title 29A RCW—page 106]
1052, Block 1053, Block 1055, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block
2009, Block 2010, Block 2011, Block 2012, Block 2013,
Block 2014, Block 2015, Block 2016, Block 2017, Block
2018, Block 2024, Block 2025, Block 2026, Block 2027,
Block 2028, Block 2029, Block 2030, Block 2031, Block
2032, Block 2033, Block 2034, Block 2999, Thurston County
(Part) - Tracts: 101.00, 104.00, 105.00, 106.00, 107.00,
108.00, 109.00, 110.00, 111.00, 117.00, 118.10, 118.20,
119.00, 120.00, 126.00, 127.00, Thurston County (Part) Block Groups Tract 103.00; Block Group 1, Tract 103.00;
Block Group 2, Tract 116.20; Block Group 3, Tract 124.20;
Block Group 3, Tract 125.00; Block Group 5, Thurston
County (Part) - Blocks: Tract 102.00; Block 1022, Block
1023, Block 1024, Block 1997, Block 2027, Block 2028,
Block 2029, Block 2030, Block 2031, Block 2032, Block
2033, Block 2034, Block 2035, Block 2036, Block 2037,
Block 2038, Block 2039, Block 2040, Block 2041, Block
2042, Block 2043, Block 2044, Block 2045, Block 2046,
Block 2047, Block 2048, Block 2049, Block 2050, Block
2051, Block 2052, Block 3031, Block 3032, Block 3033,
Block 3036, Block 3037, Block 3038, Tract 103.00; Block
3003, Block 3004, Block 3005, Block 3006, Block 3007,
Block 3008, Block 3009, Block 3010, Block 3011, Block
3012, Block 3013, Block 3014, Block 3015, Block 3016,
Block 3019, Block 3020, Block 3021, Block 3022, Block
3023, Block 3024, Block 3025, Block 3026, Block 3027,
Block 3028, Block 4000, Block 4001, Block 4002, Block
4003, Block 4004, Block 4005, Block 4015, Block 4016,
Block 4017, Block 4018, Block 4024, Block 4025, Block
4026, Block 4027, Block 4028, Block 4029, Block 4030,
Block 4031, Block 4032, Block 4033, Block 4034, Block
4035, Block 4036, Block 4037, Block 4038, Tract 112.00;
Block 1012, Block 1013, Block 1014, Block 1015, Block
1016, Block 1017, Block 1018, Block 1019, Block 1020,
Block 1021, Block 1022, Block 1023, Block 2017, Block
2018, Tract 113.00; Block 1001, Block 1002, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block
1997, Block 1998, Block 1999, Tract 116.20; Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block
1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block
1023, Block 1024, Block 1025, Block 1026, Block 1027,
Block 1028, Block 1029, Block 1030, Block 4015, Block
4029, Block 4030, Block 4031, Block 4032, Block 4033,
Tract 122.10; Block 3017, Tract 124.20; Block 2010, Block
2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block
2020, Block 2021, Block 2022, Block 2023, Block 2024,
Block 2025, Tract 125.00; Block 1021, Block 1022, Block
1025, Block 1026, Block 1027, Block 1028, Block 1029,
Block 1030, Block 1031, Block 1032, Block 1033, Block
1034, Block 1035, Block 1036, Block 1037, Block 1038,
Block 1039, Block 1040, Block 1041, Block 1042, Block
1043, Block 1044, Block 1045, Block 1046, Block 1047,
Block 1048, Block 1049, Block 1999, Block 2011, Block
2012, Block 2015, Block 2016, Block 2017, Block 2018,
Block 2019, Block 2020, Block 2021, Block 2022, Block
2023, Block 2024, Block 2025, Block 3023, Block 3024,
Block 3026, Block 3027, Block 3028, Block 3029, Block
3030, Block 3031, Block 3032, Block 3033, Block 3034,
(2008 Ed.)
Congressional Districts and Apportionment
Block 3035, Block 3036, Block 3037, Block 3038, Block
3039, Block 3040, Block 3041, Block 3042, Block 3043,
Block 3044, Block 3045, Block 3050, Block 3060, Block
3061, Block 3062, Block 3063, Block 3064, Block 3065,
Block 3066, Block 3067, Block 3068, Block 3069, Block
3070, Block 3071, Block 3072, Block 3073, Block 3074,
Block 3995, Block 4000, Block 4001, Block 4002, Block
4003, Block 4004, Block 4005, Block 4006, Block 4007,
Block 4008, Block 4009, Block 4010, Block 4011, Block
4012, Block 4013, Block 4014, Block 4015, Block 4016,
Block 4017, Block 4021, Block 4022, Block 4023, Block
4024, Block 4025, Block 4026, Block 4027, Block 4028,
Block 4029, Block 4030, Block 4031, Block 4032, Block
4033, Block 4034, Block 4035, Block 4036, Block 4037,
Block 4038, Block 4039, Block 4040, Block 4041, Block
4042, Block 4043, Block 4044, Block 4045, Block 4046,
Block 4047, Block 4048, Block 4049, Block 4050, Block
4051, Block 4052, Block 4053, Block 4054, Block 4055,
Block 4056, Block 4057, Block 4058, Block 4059, Block
4060, Block 4061, Block 4062, Block 4063, Block 4064,
Block 4065, Block 4066, Block 4067, Block 4068, Block
4069, Block 4070, Block 4071, Block 4072, Block 4073,
Block 4074, Block 4075, Block 4076, Block 4077, Block
4078, Block 4079, Block 4080, Block 4081, Block 4082,
Block 4083, Block 4084, Block 4085, Block 4086, Block
4087, Block 4088, Block 4089, Block 4090, Block 4091,
Block 4092, Block 4093, Block 4094, Block 4095, Block
4096, Block 4097, Block 4098, Block 4099, Block 4100,
Block 4101, Block 4102, Block 4103, Block 4104, Block
4105, Block 4106, Block 4107, Block 4108, Block 4109,
Block 4110, Block 4111, Block 4112, Block 4113, Block
4114, Block 4115, Block 4116, Block 4117, Block 4118,
Block 4119, Block 4120, Block 4121, Block 4122, Block
4123, Block 4124, Block 4125, Block 4126, Block 4127,
Block 4128, Block 4129, Block 4130, Block 4131, Block
4132, Block 4133, Block 4134, Block 4135, Block 4136,
Block 4137, Block 4138, Block 4139, Block 4140, Block
4141, Block 4142, Block 4143, Block 4144, Block 4145,
Block 4146, Block 4147, Block 4148, Block 4149, Block
4150, Block 4151, Block 4152, Block 4153, Block 4154,
Block 4155, Block 4156, Block 4157, Block 4158, Block
4159, Block 4160, Block 4161, Block 4162, Block 4163,
Block 4164, Block 4165, Block 4166, Block 4167, Block
4168, Block 4169, Block 4170, Block 4171, Block 4172,
Block 4173, Block 4174, Block 4175, Block 4176, Block
4177, Block 4178, Block 4179, Block 4180, Block 4181,
Block 4182, Block 4183, Block 4184, Block 4996, Block
4997, Block 4998, Block 4999, Wahkiakum County.
District 4: Adams County (Part) - Tracts: 9504.00,
Adams County (Part) - Block Groups Tract 9503.00; Block
Group 3, Tract 9503.00; Block Group 4, Tract 9503.00;
Block Group 5, Tract 9505.00; Block Group 2, Adams
County (Part) - Blocks: Tract 9503.00; Block 1018, Block
1019, Block 1020, Block 1024, Block 1025, Block 1026,
Block 1027, Block 1070, Block 1071, Block 2006, Block
2007, Block 2008, Block 2009, Block 2010, Block 2011,
Block 2012, Block 2013, Block 2014, Block 2021, Block
2022, Block 2023, Block 6002, Block 6003, Block 6004,
Block 6005, Block 6006, Block 6007, Block 6008, Block
6009, Block 6010, Block 6011, Block 6012, Block 6013,
(2008 Ed.)
Chapter 29A.76A
Block 6014, Block 6015, Block 6016, Tract 9505.00; Block
1000, Block 1001, Block 1002, Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block
1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block
1018, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1023, Block 1024, Block 1025, Block 1026, Block
1027, Block 1028, Block 1029, Block 1030, Block 1031,
Block 1032, Block 1033, Block 1034, Block 1035, Block
1036, Block 1037, Block 1038, Block 1039, Block 1040,
Block 1041, Block 1042, Block 1043, Block 1044, Block
1045, Block 1048, Block 1049, Block 1050, Block 1051,
Block 1052, Benton County, Chelan County, Douglas
County, Franklin County, Grant County, Kittitas County,
Klickitat County, Skamania County (Part) -Block Groups
Tract 9504.00; Block Group 2, Skamania County (Part) Blocks: Tract 9504.00; Block 1000, Block 1001, Block
1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block
1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block
1020, Block 1021, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Block 1027, Block 1028, Block
1029, Block 1030, Block 1031, Block 1032, Block 1033,
Block 1034, Block 1035, Block 1036, Block 1037, Block
1038, Block 1046, Block 1051, Block 1995, Block 1996,
Block 1997, Block 1999, Tract 9505.00; Block 1054, Block
1056, Block 1057, Block 1058, Block 1059, Block 1060,
Block 1061, Block 1062, Block 1063, Block 1064, Block
2000, Block 2001, Block 2002, Block 2019, Block 2020,
Block 2021, Block 2022, Block 2023, Yakima County.
District 5: Adams County (Part) - Tracts: 9501.00,
9502.00, Adams County (Part) - Blocks: Tract 9503.00;
Block 1000, Block 1001, Block 1002, Block 1003, Block
1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block
1013, Block 1014, Block 1015, Block 1016, Block 1017,
Block 1021, Block 1022, Block 1023, Block 1028, Block
1029, Block 1030, Block 1031, Block 1032, Block 1033,
Block 1034, Block 1035, Block 1036, Block 1037, Block
1038, Block 1039, Block 1040, Block 1041, Block 1042,
Block 1043, Block 1044, Block 1045, Block 1046, Block
1047, Block 1048, Block 1049, Block 1050, Block 1051,
Block 1052, Block 1053, Block 1054, Block 1055, Block
1056, Block 1057, Block 1058, Block 1059, Block 1060,
Block 1061, Block 1062, Block 1063, Block 1064, Block
1065, Block 1066, Block 1067, Block 1068, Block 1069,
Block 1072, Block 1073, Block 1074, Block 1075, Block
1076, Block 1077, Block 1078, Block 1079, Block 1080,
Block 1081, Block 1082, Block 1083, Block 1084, Block
1085, Block 1086, Block 1087, Block 1088, Block 1089,
Block 1090, Block 1091, Block 1092, Block 1093, Block
1094, Block 1095, Block 1096, Block 1097, Block 1098,
Block 1099, Block 1100, Block 1101, Block 1102, Block
1103, Block 1104, Block 1105, Block 1106, Block 1107,
Block 1108, Block 1109, Block 1110, Block 1111, Block
1112, Block 1113, Block 1114, Block 1115, Block 1116,
Block 1117, Block 1118, Block 1119, Block 1120, Block
1121, Block 1122, Block 2000, Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2015, Block
[Title 29A RCW—page 107]
Chapter 29A.76A
Title 29A RCW: Elections
2016, Block 2017, Block 2018, Block 2019, Block 2020,
Block 6000, Block 6001, Tract 9505.00; Block 1046, Block
1047, Asotin County, Columbia County, Ferry County,
Garfield County, Lincoln County, Okanogan County, Pend
Oreille County, Spokane County, Stevens County, Walla
Walla County, Whitman County.
District 6: Clallam County, Grays Harbor County, Jefferson County, Kitsap County (Part) - Tracts: 801.01,
801.02, 802.00, 803.00, 804.00, 805.00, 806.00, 807.00,
808.00, 810.00, 811.00, 812.00, 814.00, 919.00, 921.00,
922.00, 923.00, 924.00, 925.00, 926.00, 927.00, 928.01,
928.02, 928.03, 929.01, 929.02, Kitsap County (Part) - Block
Groups Tract 809.00; Block Group 1, Tract 917.00; Block
Group 3, Tract 918.00; Block Group 2, Kitsap County (Part)
- Blocks: Tract 809.00; Block 2000, Block 2001, Block
2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block
2012, Block 2013, Block 2014, Block 2015, Block 2016,
Block 2017, Block 2018, Block 2019, Block 2020, Block
2021, Block 2022, Block 2023, Block 2024, Block 2025,
Block 2026, Block 2027, Block 2028, Block 2029, Block
2030, Block 2031, Block 2032, Block 2033, Block 2034,
Block 2035, Block 2036, Block 2037, Block 2038, Block
2039, Block 2040, Block 2041, Block 2042, Block 2043,
Block 2044, Block 2045, Block 2046, Block 2047, Block
2048, Block 2049, Block 2050, Block 2051, Block 2052,
Block 2053, Block 2054, Block 2999, Tract 914.00; Block
2000, Block 2001, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block
2997, Block 2998, Tract 915.00; Block 1021, Tract 916.00;
Block 1007, Block 1008, Block 1009, Block 1010, Block
1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block
1020, Block 1021, Block 1022, Block 1023, Tract 917.00;
Block 2006, Block 2007, Block 2009, Block 2010, Block
2011, Block 2012, Block 2013, Block 2014, Tract 918.00;
Block 1002, Block 1003, Block 1004, Block 1005, Block
1006, Block 1007, Block 1008, Block 1009, Block 1010,
Block 1011, Block 1012, Block 1013, Block 1014, Block
1015, Block 1016, Block 1017, Block 1018, Block 1019,
Block 1020, Block 1021, Block 1022, Block 1023, Block
1024, Block 1025, Block 1026, Block 1027, Block 1028,
Block 1999, Tract 920.00; Block 2000, Block 2001, Block
2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block
2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block
2020, Block 2021, Block 2022, Block 2023, Block 2024,
Block 2025, Block 2026, Block 2027, Block 2028, Block
2042, Block 2045, Block 2046, Block 2049, Block 2050,
Block 2051, Block 2053, Block 2054, Block 2055, Block
2056, Block 2057, Block 2058, Block 2059, Block 2060,
Block 2061, Block 2062, Block 2063, Block 2064, Block
2065, Block 2066, Block 2067, Block 2068, Block 2069,
Block 2070, Block 2071, Block 2072, Block 2073, Block
2074, Block 2075, Block 2076, Block 2077, Block 2078,
Block 2079, Block 2080, Block 2081, Block 2082, Block
2083, Block 2084, Block 2085, Block 2086, Block 2087,
Block 2088, Block 2089, Block 2090, Block 2091, Block
2092, Block 2093, Block 2094, Block 2095, Block 2096,
[Title 29A RCW—page 108]
Block 2097, Block 2098, Block 2099, Block 2100, Block
2101, Block 2102, Block 2103, Block 2104, Block 2105,
Block 2106, Block 2107, Block 2108, Block 2109, Block
2110, Block 2111, Block 2112, Block 2113, Block 2114,
Block 2115, Block 2116, Block 2117, Block 2118, Block
2119, Block 2120, Block 2121, Block 2122, Block 2123,
Block 2127, Block 2128, Block 2129, Block 2130, Block
2131, Block 2132, Block 2994, Block 2995, Block 2996,
Block 2998, Block 2999, Mason County, Pierce County
(Part) - Tracts: 603.00, 604.00, 605.00, 607.00, 608.00,
609.03, 609.04, 609.05, 609.06, 610.01, 610.02, 611.00,
612.00, 613.00, 614.00, 615.00, 616.01, 617.00, 618.00,
619.00, 620.00, 622.00, 623.00, 624.00, 625.00, 626.00,
628.01, 628.02, 629.00, 630.00, 631.00, 632.00, 634.00,
635.01, 635.02, 715.04, 716.01, 717.03, 717.04, 717.05,
717.06, 717.07, 718.03, 718.04, 718.05, 723.05, 723.06,
723.07, 723.09, 723.10, 723.11, 724.05, 724.06, 724.07,
724.08, 724.09, 724.10, 725.03, 725.04, 725.05, 725.06,
725.07, 726.01, 726.02, Pierce County (Part) - Block Groups
Tract 606.00; Block Group 2, Tract 606.00; Block Group 3,
Tract 606.00; Block Group 4, Tract 606.00; Block Group 5,
Tract 606.00; Block Group 6, Tract 621.00; Block Group 2,
Tract 621.00; Block Group 3, Tract 633.00; Block Group 3,
Tract 633.00; Block Group 4, Tract 633.00; Block Group 5,
Tract 715.05; Block Group 1, Tract 716.02; Block Group 1,
Tract 719.01; Block Group 1, Tract 719.01; Block Group 2,
Tract 719.01; Block Group 3, Tract 719.02; Block Group 3,
Tract 721.05; Block Group 2, Tract 721.06; Block Group 1,
Tract 721.06; Block Group 2, Tract 723.08; Block Group 1,
Tract 723.08; Block Group 2, Tract 723.08; Block Group 4,
Tract 726.03; Block Group 1, Tract 726.03; Block Group 2,
Pierce County (Part) -Blocks: Tract 606.00; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block
1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block
1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block
1023, Block 1024, Block 1025, Block 1026, Block 1027,
Block 1028, Block 1029, Block 1999, Tract 616.02; Block
1000, Block 1001, Block 1002, Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block
1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block
1018, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1023, Block 1024, Block 1025, Block 1026, Block
1027, Block 1028, Block 1029, Block 1030, Block 1031,
Block 1033, Block 1044, Block 1045, Block 1046, Block
1047, Block 1048, Block 1049, Block 1050, Block 1051,
Block 1052, Block 1053, Block 1054, Block 1067, Block
1068, Block 1072, Block 1073, Block 1074, Block 1075,
Block 1079, Block 1080, Block 1081, Block 1082, Block
1083, Tract 621.00; Block 1000, Block 1001, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block
1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block
1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1998, Block 1999, Tract
633.00; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block
1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block
(2008 Ed.)
Congressional Districts and Apportionment
1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1024, Block 1025, Block
1026, Block 1027, Block 1028, Block 1029, Block 1030,
Block 1031, Block 2001, Block 2002, Block 2003, Block
2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 2011, Block 2012, Block
2013, Block 2014, Block 2015, Block 2016, Block 2017,
Block 2018, Block 2019, Block 2020, Block 2021, Block
2022, Block 2023, Block 2024, Block 2025, Block 2026,
Block 2027, Tract 710.00; Block 2005, Block 2006, Block
3007, Block 3018, Block 6009, Block 6010, Tract 711.00;
Block 2017, Block 2018, Tract 713.05; Block 1004, Block
1005, Block 1006, Tract 715.03; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1005, Block
1006, Block 1007, Block 1008, Block 1009, Block 1010,
Block 1011, Block 1012, Block 1013, Block 1014, Block
1015, Block 1016, Block 1017, Block 1018, Block 1019,
Block 1020, Block 1021, Block 1023, Block 1024, Block
1025, Block 1026, Block 1027, Block 1031, Block 4000,
Block 4001, Block 4002, Block 4003, Block 4004, Block
4005, Block 4006, Block 4007, Block 4008, Block 4009,
Block 4010, Block 4011, Block 4012, Block 4999, Tract
715.05; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Tract
716.02; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block
2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2015, Block 2016, Block
2017, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2022, Block 2023, Block 2024, Block 2025, Block
2026, Block 2027, Block 2028, Block 2029, Block 2030,
Block 2031, Block 2032, Block 2033, Block 2034, Block
2037, Tract 718.06; Block 1000, Block 1001, Block 1004,
Block 1005, Block 1006, Block 1008, Block 2000, Block
2001, Tract 719.01; Block 4000, Block 4001, Block 4002,
Block 4003, Block 4004, Block 4005, Block 4006, Block
4007, Block 4010, Tract 719.02; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block
2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block
2015, Block 2016, Block 2017, Block 2018, Block 2019,
Block 2020, Block 2021, Block 2022, Block 2023, Block
2024, Block 2025, Block 2026, Block 2998, Block 4000,
Tract 721.05; Block 1000, Block 1001, Block 1002, Block
1003, Block 1004, Block 3000, Block 3001, Block 4000,
Block 4001, Block 4002, Block 4003, Block 4004, Tract
723.08; Block 3000, Block 3001, Block 3002, Block 3003,
Block 3004, Block 3005, Block 3006, Block 3008, Block
3009, Block 3010, Block 3011, Block 3012, Block 3013,
Block 3014, Block 3995, Block 3996, Block 3997, Block
3998, Block 3999, Tract 729.01; Block 1001.
District 7: King County (Part) - Tracts: 1.00, 2.00, 7.00,
8.00, 9.00, 10.00, 11.00, 12.00, 13.00, 15.00, 16.00, 17.00,
18.00, 19.00, 20.00, 21.00, 22.00, 24.00, 25.00, 26.00, 27.00,
28.00, 29.00, 30.00, 31.00, 32.00, 33.00, 34.00, 35.00, 36.00,
38.00, 39.00, 40.00, 41.00, 42.00, 43.00, 44.00, 45.00, 46.00,
47.00, 48.00, 49.00, 50.00, 51.00, 52.00, 53.01, 53.02, 54.00,
56.00, 57.00, 58.01, 58.02, 59.00, 60.00, 61.00, 62.00, 63.00,
64.00, 65.00, 66.00, 67.00, 68.00, 69.00, 70.00, 71.00, 72.00,
73.00, 74.00, 75.00, 76.00, 77.00, 78.00, 79.00, 80.01, 80.02,
(2008 Ed.)
Chapter 29A.76A
81.00, 82.00, 83.00, 84.00, 85.00, 86.00, 87.00, 88.00, 89.00,
90.00, 91.00, 92.00, 93.00, 94.00, 95.00, 96.00, 97.01, 97.02,
98.00, 99.00, 100.00, 101.00, 102.00, 103.00, 104.00,
105.00, 106.00, 107.00, 108.00, 109.00, 110.00, 111.01,
111.02, 112.00, 113.00, 114.00, 115.00, 116.00, 117.00,
118.00, 119.00, 120.00, 121.00, 211.00, 213.00, 260.01,
263.00, 264.00, 265.00, 266.00, 267.00, 268.01, 268.02,
269.00, 270.00, 271.00, 272.00, 274.00, 275.00, 277.01,
277.02, King County (Part) - Block Groups Tract 3.00; Block
Group 1, Tract 4.02; Block Group 3, Tract 4.02; Block Group
4, Tract 6.00; Block Group 2, Tract 6.00; Block Group 3,
Tract 6.00; Block Group 4, Tract 6.00; Block Group 5, Tract
6.00; Block Group 6, Tract 14.00; Block Group 1, Tract
14.00; Block Group 2, Tract 14.00; Block Group 3, Tract
14.00; Block Group 4, Tract 14.00; Block Group 6, Tract
205.00; Block Group 1, Tract 205.00; Block Group 2, Tract
205.00; Block Group 3, Tract 205.00; Block Group 4, Tract
205.00; Block Group 5, Tract 205.00; Block Group 7, Tract
206.00; Block Group 2, Tract 210.00; Block Group 1, Tract
214.00; Block Group 2, Tract 260.02; Block Group 3, Tract
261.00; Block Group 1, Tract 261.00; Block Group 2, Tract
261.00; Block Group 3, Tract 261.00; Block Group 5, Tract
261.00; Block Group 6, Tract 273.00; Block Group 1, Tract
273.00; Block Group 3, Tract 273.00; Block Group 4, Tract
273.00; Block Group 5, Tract 276.00; Block Group 1, Tract
276.00; Block Group 2, King County (Part) -Blocks: Tract
3.00; Block 2000, Block 2001, Block 2015, Block 2016,
Block 2017, Tract 4.02; Block 2005, Block 2006, Block
2007, Block 2008, Block 2009, Block 2010, Block 2011,
Block 2012, Block 5008, Block 5009, Block 5010, Block
5011, Block 5012, Tract 5.00; Block 1014, Block 1015,
Block 2011, Block 2012, Block 2013, Block 2014, Block
2015, Block 2016, Block 2017, Block 3000, Block 3001,
Block 3002, Block 3003, Block 3004, Block 3008, Block
3009, Block 3010, Block 3012, Block 3013, Block 3014,
Block 3015, Tract 6.00; Block 1000, Block 1001, Block
1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1015, Block 1016, Block 1017, Block 1018, Tract
14.00; Block 5000, Block 5001, Block 5002, Block 5003,
Block 5004, Block 5005, Block 5006, Block 5007, Block
5008, Block 5009, Tract 204.01; Block 1014, Block 3000,
Block 3001, Block 3002, Block 3003, Block 3004, Block
3005, Block 3006, Block 3007, Block 3008, Block 3012,
Block 3013, Block 3014, Tract 205.00; Block 6001, Block
6002, Block 6003, Block 6004, Block 6005, Block 6006,
Tract 206.00; Block 1000, Block 1001, Block 1002, Block
1005, Block 1006, Block 3000, Block 3004, Block 3005,
Block 3006, Tract 210.00; Block 2000, Block 2001, Block
2002, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2010, Block 2011, Block 5000, Block 5001, Block
5006, Block 5007, Block 5008, Block 5009, Block 5016,
Block 5017, Block 5018, Tract 214.00; Block 1002, Block
1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block
1012, Block 1013, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1998, Block 1999, Block 3001, Block
3002, Block 3003, Block 3004, Block 3005, Block 3006,
Block 3007, Block 3008, Block 3009, Block 3010, Block
3011, Block 3012, Block 3013, Tract 253.00; Block 5002,
Block 5003, Block 5004, Block 5005, Block 5006, Block
5997, Block 5998, Block 5999, Tract 260.02; Block 1001,
[Title 29A RCW—page 109]
Chapter 29A.76A
Title 29A RCW: Elections
Block 1002, Block 1003, Block 1004, Block 1005, Block
1006, Block 1007, Block 1008, Block 1026, Block 1027,
Block 2010, Block 2011, Block 4000, Block 4001, Block
4002, Block 4003, Block 4004, Block 4005, Block 4006,
Block 4007, Block 4008, Block 4009, Block 4010, Block
4011, Block 4021, Block 4022, Block 4023, Block 4024,
Block 4025, Block 4026, Block 4027, Block 4028, Block
4029, Block 4030, Block 5000, Block 5001, Block 5002,
Block 5003, Block 5012, Block 5018, Block 5019, Block
5022, Tract 261.00; Block 4000, Block 4001, Block 4002,
Block 4003, Block 4004, Block 4005, Block 4006, Block
4007, Block 4008, Block 4009, Block 4010, Block 4011,
Block 4012, Block 4013, Block 4014, Block 4015, Block
4016, Block 4017, Block 4018, Block 4019, Tract 273.00;
Block 2000, Block 2001, Block 2002, Block 2003, Block
2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2010, Block 2011, Tract 276.00; Block 4000, Block
4001, Block 4999.
District 8: King County (Part) - Tracts: 228.01, 229.01,
229.02, 230.00, 231.00, 232.01, 232.02, 233.00, 234.01,
234.02, 235.00, 236.01, 236.03, 236.04, 237.00, 238.01,
238.02, 239.00, 240.00, 241.00, 243.00, 244.00, 245.00,
246.01, 246.02, 247.01, 247.02, 248.00, 249.01, 249.02,
249.03, 250.01, 250.03, 250.04, 251.01, 251.02, 252.00,
254.00, 255.00, 293.06, 293.07, 294.05, 294.06, 294.08,
295.02, 295.04, 296.01, 311.00, 312.02, 312.04, 312.06,
313.01, 313.02, 314.00, 315.01, 315.02, 316.01, 316.02,
316.03, 317.02, 317.03, 317.04, 318.00, 319.03, 319.04,
319.06, 319.07, 319.08, 319.09, 320.02, 320.03, 320.05,
320.06, 320.07, 320.08, 320.09, 321.02, 321.03, 321.04,
322.03, 322.07, 322.08, 322.09, 322.10, 322.11, 322.12,
323.14, 323.15, 323.16, 323.17, 323.18, 324.01, 324.02,
325.00, 326.01, 326.02, 327.02, 327.03, 327.04, King County
(Part) - Block Groups Tract 228.03; Block Group 3, Tract
242.00; Block Group 1, Tract 242.00; Block Group 3, Tract
242.00; Block Group 4, Tract 253.00; Block Group 1, Tract
256.00; Block Group 1, Tract 256.00; Block Group 2, Tract
256.00; Block Group 4, Tract 256.00; Block Group 5, Tract
293.03; Block Group 4, Tract 293.04; Block Group 2, Tract
293.04; Block Group 4, Tract 294.03; Block Group 2, Tract
294.03; Block Group 3, Tract 294.07; Block Group 3, Tract
295.03; Block Group 4, Tract 295.03; Block Group 5, Tract
296.02; Block Group 2, Tract 306.00; Block Group 1, Tract
308.02; Block Group 1, Tract 312.05; Block Group 1, Tract
312.05; Block Group 3, Tract 312.05; Block Group 4, Tract
323.12; Block Group 4, Tract 323.13; Block Group 1, Tract
323.13; Block Group 2, Tract 328.00; Block Group 1, King
County (Part) - Blocks: Tract 227.01; Block 2009, Block
2010, Block 2011, Block 2012, Block 2013, Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Block
2019, Block 2020, Block 2021, Block 2998, Tract 227.03;
Block 1003, Block 1004, Block 1005, Block 1006, Block
1007, Block 1009, Block 1010, Block 1012, Block 1013,
Block 1014, Block 1015, Tract 228.03; Block 2003, Block
2004, Block 2005, Tract 242.00; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block
2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block
2015, Block 2016, Block 2017, Block 2997, Block 2998,
Tract 253.00; Block 2000, Block 2001, Block 2002, Block
[Title 29A RCW—page 110]
2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block
2012, Block 3000, Block 3001, Block 3998, Block 3999,
Tract 256.00; Block 3000, Block 3001, Block 3002, Block
3003, Block 3004, Block 3005, Block 3006, Block 3007,
Block 3008, Block 3009, Block 3010, Block 3011, Block
3012, Block 3013, Block 3014, Block 3017, Block 3018,
Block 3019, Block 3020, Tract 257.02; Block 2006, Block
2010, Tract 293.04; Block 1000, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block
1012, Block 3004, Block 3005, Block 3006, Block 3008,
Tract 294.07; Block 1000, Block 1001, Block 1003, Block
1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Tract 295.03; Block 3000, Block
3005, Block 3006, Block 3007, Tract 296.02; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block
1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Tract 297.00; Block 2000, Block 2014, Block
2015, Block 2016, Block 2017, Block 2022, Block 2023,
Block 2024, Block 5000, Tract 306.00; Block 2000, Block
2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2009, Block
2025, Block 2026, Block 2027, Block 2028, Block 2029,
Block 2030, Block 2031, Block 2032, Block 2033, Tract
307.00; Block 2009, Tract 308.01; Block 1000, Block 2018,
Block 2019, Block 2020, Block 2021, Block 2022, Block
2023, Block 2024, Block 2025, Tract 308.02; Block 2000,
Block 2006, Block 2007, Block 2008, Block 2009, Block
2010, Block 2011, Block 2012, Block 2013, Block 2014,
Tract 310.00; Block 1000, Block 1001, Block 1002, Block
1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block
1012, Block 1013, Block 1014, Block 1015, Block 1016,
Block 1017, Block 1022, Block 1024, Block 1025, Block
1026, Block 1027, Block 1028, Block 1029, Block 1030,
Block 1031, Block 1032, Block 1033, Block 1034, Block
1035, Block 1036, Block 1037, Block 1038, Tract 312.05;
Block 2000, Block 2001, Block 2002, Block 2003, Block
2004, Block 2005, Block 2006, Block 2007, Block 2008,
Tract 323.12; Block 2000, Block 2001, Block 2002, Block
2003, Block 2004, Block 2005, Block 2009, Block 5000,
Block 5003, Block 5004, Block 5005, Block 5006, Block
5007, Block 5008, Block 5009, Block 5010, Block 5011,
Block 5012, Block 5013, Block 5014, Block 5015, Block
5016, Block 5017, Block 5018, Block 5019, Block 5020,
Block 5021, Block 5022, Tract 323.13; Block 3000, Block
3001, Block 3002, Block 3003, Block 3004, Block 3005,
Block 3006, Block 3007, Block 3012, Block 3013, Block
3014, Block 3020, Block 3021, Block 3022, Block 3023,
Block 3024, Block 3025, Block 3026, Block 3027, Block
3028, Block 3029, Block 3999, Tract 328.00; Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block
2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block
2014, Block 2015, Block 2016, Block 2017, Block 2018,
Block 2019, Block 2020, Block 2021, Block 2022, Block
2023, Block 2024, Block 2025, Block 2026, Block 2027,
Block 2028, Block 2029, Block 2030, Block 2031, Block
2032, Block 2033, Block 2034, Block 2035, Block 2036,
Block 2037, Block 2038, Block 2039, Block 2040, Block
2041, Block 2042, Block 2043, Block 2044, Block 2045,
(2008 Ed.)
Congressional Districts and Apportionment
Block 2046, Block 2047, Block 2048, Block 2049, Block
2050, Block 2051, Block 2052, Block 2053, Block 2054,
Block 2055, Block 2056, Block 2057, Block 2058, Block
2059, Block 2060, Block 2061, Block 2062, Block 2063,
Block 2064, Block 2065, Block 2066, Block 2067, Block
2068, Block 2069, Block 2070, Block 2071, Block 2086,
Block 2087, Block 2088, Block 2089, Block 2090, Block
2091, Block 2092, Block 2093, Block 2094, Block 2095,
Block 2096, Block 2097, Block 2098, Block 2099, Block
2100, Block 2101, Block 2102, Block 2103, Block 2104,
Block 2105, Block 2106, Block 2107, Block 2108, Block
2109, Block 2110, Block 2111, Block 2112, Block 2113,
Block 2997, Block 2998, Block 2999, Block 3092, Block
3093, Block 3094, Block 3095, Block 3096, Block 3097,
Block 3098, Block 3099, Block 3100, Block 3101, Block
3102, Block 3103, Block 3104, Block 3105, Block 3106,
Block 3107, Block 3108, Block 3109, Block 3110, Block
3111, Block 3112, Block 3113, Block 3114, Block 3115,
Block 3116, Block 3117, Block 3118, Block 3119, Block
3120, Block 3121, Block 3122, Block 3123, Block 3124,
Block 3125, Block 3126, Block 3127, Block 3128, Block
3129, Block 3130, Block 3131, Block 3132, Block 3133,
Block 3134, Block 3135, Block 3136, Block 3137, Block
3138, Block 3139, Block 3140, Block 3141, Block 3142,
Block 3143, Block 3144, Block 3145, Block 3146, Block
3147, Block 3148, Block 3149, Block 3150, Block 3151,
Block 3152, Block 3153, Block 3161, Block 3162, Block
3163, Block 3164, Block 3165, Block 3166, Block 3167,
Block 3168, Block 3169, Block 3170, Block 3171, Block
3172, Block 3173, Block 3174, Block 3175, Block 3176,
Block 3177, Block 3178, Block 3179, Block 3180, Block
3181, Block 3182, Block 3183, Block 3184, Block 3185,
Block 3186, Block 3187, Block 3188, Block 3189, Block
3190, Block 3191, Block 3192, Block 3193, Block 3194,
Block 3195, Block 3196, Block 3197, Block 3198, Block
3199, Block 3200, Block 3201, Block 3202, Block 3203,
Block 3204, Block 3205, Block 3206, Block 3207, Block
3208, Block 3209, Block 3210, Block 3211, Block 3374,
Block 3379, Block 3990, Block 3995, Block 3996, Pierce
County (Part) - Tracts: 701.00, 702.03, 702.04, 702.05,
702.06, 702.07, 703.07, 703.08, 703.09, 703.10, 703.11,
704.02, 731.07, 731.09, 731.10, 731.11, 731.12, 731.13,
731.16, 731.17, 731.18, 731.19, 732.00, Pierce County (Part)
-Block Groups Tract 703.03; Block Group 3, Tract 703.03;
Block Group 4, Tract 703.03; Block Group 5, Tract 703.03;
Block Group 6, Tract 703.06; Block Group 2, Tract 703.06;
Block Group 3, Tract 704.01; Block Group 2, Tract 712.08;
Block Group 2, Tract 712.08; Block Group 3, Tract 713.04;
Block Group 1, Tract 713.08; Block Group 3, Tract 731.08;
Block Group 2, Pierce County (Part) -Blocks: Tract 703.03;
Block 1000, Block 1001, Block 1002, Block 1003, Block
1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block
1015, Block 1016, Block 1017, Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block
2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block
2015, Block 2016, Block 2017, Block 2022, Block 2023,
Tract 703.06; Block 1000, Block 1001, Block 1002, Block
1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block
(2008 Ed.)
Chapter 29A.76A
1012, Block 1013, Block 1014, Block 1015, Block 1016,
Block 1017, Block 1018, Block 1019, Block 1020, Block
1021, Block 1022, Block 1023, Block 1024, Block 1025,
Block 1026, Block 1027, Block 1028, Block 1029, Block
1030, Block 1031, Block 1032, Block 1033, Block 1034,
Block 1035, Block 1037, Tract 704.01; Block 1000, Block
1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1009, Block
1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block
1020, Tract 712.07; Block 2000, Block 2001, Tract 712.08;
Block 1000, Block 1003, Block 1004, Block 1005, Block
1006, Block 1007, Tract 712.10; Block 2008, Block 2009,
Block 3015, Block 3016, Block 3017, Block 3018, Block
3019, Block 3021, Block 3022, Block 3023, Block 3024,
Block 3025, Block 3026, Tract 713.04; Block 2024, Block
2025, Block 2026, Block 2027, Block 2028, Block 3010,
Block 3011, Block 3012, Block 3013, Tract 713.08; Block
1000, Block 1001, Block 1002, Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block
1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block
1018, Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block
2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2018, Tract 714.06; Block
3010, Block 3011, Block 3012, Block 3017, Tract 714.07;
Block 1000, Block 1014, Block 1015, Block 1016, Tract
730.06; Block 1000, Block 1001, Block 1002, Block 1049,
Block 1050, Block 1051, Block 1052, Block 1053, Block
1054, Block 1055, Block 1056, Block 1999, Tract 731.08;
Block 1000, Block 1001, Block 1002, Block 1003, Block
1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block
1013, Block 1014.
District 9: King County (Part) - Tracts: 257.01, 258.01,
258.03, 258.04, 262.00, 278.00, 279.00, 280.00, 281.00,
282.00, 283.00, 284.02, 284.03, 285.00, 286.00, 287.00,
288.01, 288.02, 289.01, 289.02, 290.01, 290.03, 290.04,
291.00, 292.01, 292.03, 292.04, 293.05, 298.01, 298.02,
299.01, 299.02, 300.02, 300.03, 300.04, 301.00, 302.01,
302.02, 303.03, 303.04, 303.05, 303.06, 303.08, 303.09,
303.10, 303.11, 303.12, 304.01, 304.03, 304.04, 305.01,
305.03, 305.04, 309.01, 309.02, King County (Part) -Block
Groups Tract 253.00; Block Group 4, Tract 253.00; Block
Group 6, Tract 257.02; Block Group 1, Tract 257.02; Block
Group 3, Tract 257.02; Block Group 4, Tract 257.02; Block
Group 5, Tract 276.00; Block Group 3, Tract 293.03; Block
Group 1, Tract 293.03; Block Group 2, Tract 293.03; Block
Group 3, Tract 294.03; Block Group 1, Tract 294.07; Block
Group 2, Tract 295.03; Block Group 1, Tract 295.03; Block
Group 2, Tract 297.00; Block Group 1, Tract 297.00; Block
Group 3, Tract 297.00; Block Group 4, Tract 306.00; Block
Group 3, Tract 306.00; Block Group 4, Tract 307.00; Block
Group 1, Tract 307.00; Block Group 3, Tract 307.00; Block
Group 4, Tract 308.01; Block Group 3, Tract 308.01; Block
Group 4, Tract 308.02; Block Group 3, King County (Part) Blocks: Tract 253.00; Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block
2020, Block 2021, Block 2022, Block 2023, Block 3002,
[Title 29A RCW—page 111]
Chapter 29A.76A
Title 29A RCW: Elections
Block 3003, Block 3004, Block 3005, Block 3006, Block
3007, Block 3008, Block 3009, Block 3010, Block 3011,
Block 3012, Block 3013, Block 3014, Block 3015, Block
3016, Block 3017, Block 3018, Block 3019, Block 3020,
Block 3021, Block 3022, Block 3023, Block 3024, Block
3025, Block 3026, Block 3027, Block 3028, Block 3029,
Block 3030, Block 3031, Block 3032, Block 3033, Block
3034, Block 3035, Block 3036, Block 3037, Block 3038,
Block 3039, Block 3040, Block 3041, Block 3042, Block
3043, Block 3044, Block 3045, Block 3046, Block 3047,
Block 3048, Block 3049, Block 3050, Block 3051, Block
3052, Block 3053, Block 3054, Block 3055, Block 3056,
Block 3057, Block 3058, Block 3059, Block 3060, Block
3061, Block 3062, Block 3063, Block 5000, Block 5001,
Block 5007, Block 5008, Block 5009, Block 5010, Block
5011, Block 5012, Block 5013, Block 5014, Block 5015,
Block 5016, Block 5017, Block 5018, Block 5019, Block
5020, Block 5021, Block 5022, Block 5023, Block 5024,
Block 5025, Block 5026, Block 5027, Block 5028, Block
5029, Block 5030, Block 5031, Block 5032, Block 5033,
Block 5034, Block 5035, Block 5036, Block 5037, Tract
256.00; Block 3015, Block 3016, Tract 257.02; Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block
2005, Block 2007, Block 2008, Block 2009, Tract 260.02;
Block 1000, Block 1009, Block 1010, Block 1011, Block
1012, Block 1013, Block 1014, Block 1015, Block 1016,
Block 1017, Block 1018, Block 1019, Block 1020, Block
1021, Block 1022, Block 1023, Block 1024, Block 1025,
Block 1028, Block 1029, Block 1030, Block 1031, Block
1032, Block 1033, Block 1034, Block 1035, Block 1036,
Block 2000, Block 2001, Block 2002, Block 2003, Block
2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2012, Block 2013, Block 2014, Block
2015, Block 2016, Block 2017, Block 2018, Block 2019,
Block 2020, Block 2021, Block 2022, Block 2023, Block
2024, Block 4012, Block 4013, Block 4014, Block 4015,
Block 4016, Block 4017, Block 4018, Block 4019, Block
4020, Block 5004, Block 5005, Block 5006, Block 5007,
Block 5008, Block 5009, Block 5010, Block 5011, Block
5013, Block 5014, Block 5015, Block 5016, Block 5017,
Block 5020, Block 5021, Tract 261.00; Block 4020, Block
4021, Tract 273.00; Block 2009, Tract 276.00; Block 4002,
Block 4003, Block 4004, Block 4005, Tract 293.04; Block
1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 3000, Block 3001, Block 3002, Block 3003, Block
3007, Tract 294.07; Block 1002, Tract 295.03; Block 3001,
Block 3002, Block 3003, Block 3004, Tract 296.02; Block
1011, Block 1012, Block 1013, Block 1014, Block 1015,
Tract 297.00; Block 2001, Block 2002, Block 2003, Block
2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 2011, Block 2012, Block
2013, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2025, Block 2026, Block 2027, Block 2028, Block
5001, Tract 306.00; Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2015, Block 2016, Block
2017, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2022, Block 2023, Block 2024, Tract 307.00; Block
2000, Block 2001, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block
2010, Block 2011, Block 2012, Block 2013, Tract 308.01;
Block 1001, Block 1002, Block 1003, Block 1004, Block
[Title 29A RCW—page 112]
1005, Block 1006, Block 1007, Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block
2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block
2015, Block 2016, Block 2017, Tract 308.02; Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Tract
310.00; Block 1018, Block 1019, Block 1020, Block 1021,
Block 1023, Block 1039, Tract 312.05; Block 2009, Pierce
County (Part) - Tracts: 601.02, 601.03, 601.04, 602.00,
705.00, 706.00, 707.01, 707.03, 707.04, 708.00, 709.00,
712.05, 712.06, 712.09, 713.06, 713.07, 714.03, 714.08,
714.09, 714.10, 714.11, 715.06, 720.00, 721.07, 721.08,
721.09, 721.11, 721.12, 727.00, 728.00, 729.03, 729.04,
730.01, 730.05, 731.14, 731.15, 733.01, 733.02, 734.01,
734.03, 734.04, Pierce County (Part) -Block Groups Tract
710.00; Block Group 1, Tract 710.00; Block Group 4, Tract
710.00; Block Group 5, Tract 711.00; Block Group 1, Tract
712.07; Block Group 1, Tract 712.10; Block Group 1, Tract
713.05; Block Group 2, Tract 714.06; Block Group 1, Tract
714.06; Block Group 2, Tract 714.07; Block Group 2, Tract
714.07; Block Group 3, Tract 715.03; Block Group 2, Tract
715.03; Block Group 3, Tract 715.05; Block Group 3, Tract
715.05; Block Group 4, Tract 719.02; Block Group 1, Tract
719.02; Block Group 5, Tract 721.05; Block Group 5, Tract
721.06; Block Group 3, Tract 721.06; Block Group 4, Tract
721.06; Block Group 5, Tract 726.03; Block Group 3, Tract
730.06; Block Group 2, Pierce County (Part) -Blocks: Tract
606.00; Block 1998, Tract 616.02; Block 1032, Block 1034,
Block 1035, Block 1036, Block 1037, Block 1038, Block
1039, Block 1040, Block 1041, Block 1042, Block 1043,
Block 1055, Block 1056, Block 1057, Block 1058, Block
1059, Block 1060, Block 1061, Block 1062, Block 1063,
Block 1064, Block 1065, Block 1066, Block 1069, Block
1070, Block 1071, Block 1076, Block 1077, Block 1078,
Tract 621.00; Block 1002, Tract 633.00; Block 1032, Block
2000, Block 2028, Block 2029, Tract 703.03; Block 1013,
Block 1014, Block 1018, Block 2018, Block 2019, Block
2020, Block 2021, Tract 703.06; Block 1036, Tract 704.01;
Block 1010, Tract 710.00; Block 2000, Block 2001, Block
2002, Block 2003, Block 2004, Block 2007, Block 2008,
Block 3000, Block 3001, Block 3002, Block 3003, Block
3004, Block 3005, Block 3006, Block 3008, Block 3009,
Block 3010, Block 3011, Block 3012, Block 3013, Block
3014, Block 3015, Block 3016, Block 3017, Block 6000,
Block 6001, Block 6002, Block 6003, Block 6004, Block
6005, Block 6006, Block 6007, Block 6008, Block 6011,
Block 6012, Block 6013, Block 6014, Block 6015, Tract
711.00; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block
2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2015, Block 2016, Tract
712.07; Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2008, Tract 712.08; Block
1001, Block 1002, Tract 712.10; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block
2006, Block 2007, Block 2010, Block 2011, Block 3000,
Block 3001, Block 3002, Block 3003, Block 3004, Block
3005, Block 3006, Block 3007, Block 3008, Block 3009,
Block 3010, Block 3011, Block 3012, Block 3013, Block
3014, Block 3020, Tract 713.04; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block
(2008 Ed.)
Congressional Districts and Apportionment
2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block
2015, Block 2016, Block 2017, Block 2018, Block 2019,
Block 2020, Block 2021, Block 2022, Block 2023, Block
3000, Block 3001, Block 3002, Block 3003, Block 3004,
Block 3005, Block 3006, Block 3007, Block 3008, Block
3009, Tract 713.05; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1007, Block 1008, Block 1009, Block
1010, Block 1011, Block 1012, Block 1013, Block 1014,
Block 1015, Block 1016, Block 1017, Block 1018, Block
1019, Block 1020, Block 1021, Block 1022, Block 1023,
Block 1024, Block 1025, Block 1026, Block 1027, Block
1028, Block 1029, Block 1030, Tract 713.08; Block 1019,
Block 2015, Block 2016, Block 2017, Tract 714.06; Block
3000, Block 3001, Block 3002, Block 3003, Block 3004,
Block 3005, Block 3006, Block 3007, Block 3008, Block
3009, Block 3013, Block 3014, Block 3015, Block 3016,
Block 3018, Block 3019, Block 3020, Block 3021, Block
3022, Block 3023, Tract 714.07; Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block
1007, Block 1008, Block 1009, Block 1010, Block 1011,
Block 1012, Block 1013, Block 1017, Tract 715.03; Block
1022, Block 1028, Block 1029, Block 1030, Block 4013,
Block 4014, Block 4015, Block 4016, Block 4017, Block
4018, Block 4019, Block 4020, Block 4021, Block 4022,
Block 4023, Block 4024, Block 4025, Block 4026, Block
4998, Tract 715.05; Block 2008, Block 2009, Block 2010,
Block 2011, Tract 716.02; Block 2035, Block 2036, Tract
718.06; Block 1002, Block 1003, Block 1007, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block
1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block
1023, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2008, Tract 719.01; Block
4008, Block 4009, Block 4011, Block 4012, Block 4013,
Block 4014, Block 4015, Block 4016, Block 4017, Block
4018, Tract 719.02; Block 2999, Block 4001, Block 4002,
Block 4003, Block 4004, Block 4005, Block 4006, Block
4007, Block 4008, Block 4009, Block 4010, Block 4011,
Block 4012, Block 4013, Block 4999, Tract 721.05; Block
1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 3002, Block 3003, Block
4005, Block 4006, Block 4007, Block 4008, Block 4009,
Block 4010, Block 4011, Block 4012, Block 4013, Block
4014, Block 4015, Block 4016, Block 4017, Block 4018,
Block 4019, Block 4998, Block 4999, Tract 723.08; Block
3007, Block 3994, Tract 729.01; Block 1000, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block
1007, Block 1999, Tract 730.06; Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block
1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block
1018, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1023, Block 1024, Block 1025, Block 1026, Block
1027, Block 1028, Block 1029, Block 1030, Block 1031,
Block 1032, Block 1033, Block 1034, Block 1035, Block
1036, Block 1037, Block 1038, Block 1039, Block 1040,
Block 1041, Block 1042, Block 1043, Block 1044, Block
1045, Block 1046, Block 1047, Block 1048, Block 1057,
Block 1058, Block 1059, Block 1060, Block 1061, Block
1062, Block 1063, Block 1064, Block 1065, Block 1066,
(2008 Ed.)
Chapter 29A.76A
Block 1067, Block 1068, Block 1069, Block 1070, Block
1071, Block 1072, Block 1073, Block 1074, Block 1075,
Block 1076, Block 1077, Block 1078, Block 1079, Block
1080, Block 1081, Block 1082, Block 1083, Block 1084,
Block 1085, Block 1086, Block 1087, Block 1088, Block
1089, Block 1090, Block 1091, Block 1092, Block 1093,
Block 1094, Block 1095, Block 1096, Block 1097, Block
1098, Block 1099, Block 1100, Block 1101, Block 1102,
Block 1103, Block 1104, Block 1105, Block 1106, Block
1107, Block 1108, Block 1109, Block 1110, Block 1111,
Block 1112, Block 1113, Block 1114, Block 1115, Block
1116, Block 1117, Block 1118, Block 1119, Block 1120,
Block 1993, Block 1994, Block 1995, Block 1996, Block
1997, Block 1998, Tract 731.08; Block 1015, Thurston
County (Part) - Tracts: 114.10, 114.20, 115.00, 116.10,
121.00, 122.20, 123.10, 123.20, 123.30, 124.10, Thurston
County (Part) - Block Groups Tract 112.00; Block Group 3,
Tract 113.00; Block Group 2, Tract 113.00; Block Group 3,
Tract 113.00; Block Group 4, Tract 116.20; Block Group 2,
Tract 122.10; Block Group 1, Tract 122.10; Block Group 2,
Tract 122.10; Block Group 4, Tract 122.10; Block Group 5,
Tract 124.20; Block Group 1, Tract 125.00; Block Group 6,
Thurston County (Part) - Blocks: Tract 102.00; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block
1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block
1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1025, Block
1026, Block 1027, Block 1028, Block 1998, Block 1999,
Block 2000, Block 2001, Block 2002, Block 2003, Block
2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 2011, Block 2012, Block
2013, Block 2014, Block 2015, Block 2016, Block 2017,
Block 2018, Block 2019, Block 2020, Block 2021, Block
2022, Block 2023, Block 2024, Block 2025, Block 2026,
Block 3000, Block 3001, Block 3002, Block 3003, Block
3004, Block 3005, Block 3006, Block 3007, Block 3008,
Block 3009, Block 3010, Block 3011, Block 3012, Block
3013, Block 3014, Block 3015, Block 3016, Block 3017,
Block 3018, Block 3019, Block 3020, Block 3021, Block
3022, Block 3023, Block 3024, Block 3025, Block 3026,
Block 3027, Block 3028, Block 3029, Block 3030, Block
3034, Block 3035, Tract 103.00; Block 3000, Block 3001,
Block 3002, Block 3017, Block 3018, Block 4006, Block
4007, Block 4008, Block 4009, Block 4010, Block 4011,
Block 4012, Block 4013, Block 4014, Block 4019, Block
4020, Block 4021, Block 4022, Block 4023, Tract 112.00;
Block 1000, Block 1001, Block 1002, Block 1003, Block
1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1024, Block
1025, Block 1026, Block 1027, Block 1028, Block 1029,
Block 1030, Block 1031, Block 1032, Block 1033, Block
1034, Block 1035, Block 1036, Block 1037, Block 1038,
Block 1039, Block 1040, Block 1041, Block 1042, Block
1043, Block 1044, Block 1045, Block 1046, Block 1047,
Block 1999, Block 2000, Block 2001, Block 2002, Block
2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block
2012, Block 2013, Block 2014, Block 2015, Block 2016,
Tract 113.00; Block 1000, Block 1003, Block 1004, Block
1005, Tract 116.20; Block 1000, Block 1001, Block 1002,
[Title 29A RCW—page 113]
Chapter 29A.80
Title 29A RCW: Elections
Block 1003, Block 1004, Block 1005, Block 1006, Block
1007, Block 1008, Block 1031, Block 1032, Block 1033,
Block 1034, Block 1035, Block 1036, Block 4000, Block
4001, Block 4002, Block 4003, Block 4004, Block 4005,
Block 4006, Block 4007, Block 4008, Block 4009, Block
4010, Block 4011, Block 4012, Block 4013, Block 4014,
Block 4016, Block 4017, Block 4018, Block 4019, Block
4020, Block 4021, Block 4022, Block 4023, Block 4024,
Block 4025, Block 4026, Block 4027, Block 4028, Block
4999, Tract 122.10; Block 3000, Block 3001, Block 3002,
Block 3003, Block 3004, Block 3005, Block 3006, Block
3007, Block 3008, Block 3009, Block 3010, Block 3011,
Block 3012, Block 3013, Block 3014, Block 3015, Block
3016, Block 3018, Block 3019, Block 3020, Block 3021,
Block 3022, Block 3023, Block 3024, Tract 124.20; Block
2000, Block 2001, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block
2009, Block 2026, Block 2027, Block 2028, Block 2029,
Block 2030, Block 2031, Block 2032, Block 2033, Block
2034, Block 2035, Block 2036, Block 2037, Block 2038,
Block 2039, Tract 125.00; Block 1000, Block 1001, Block
1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block
1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block
1020, Block 1023, Block 1024, Block 1050, Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block
2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2013, Block 2014, Block 3000, Block
3001, Block 3002, Block 3003, Block 3004, Block 3005,
Block 3006, Block 3007, Block 3008, Block 3009, Block
3010, Block 3011, Block 3012, Block 3013, Block 3014,
Block 3015, Block 3016, Block 3017, Block 3018, Block
3019, Block 3020, Block 3021, Block 3022, Block 3025,
Block 3046, Block 3047, Block 3048, Block 3049, Block
3051, Block 3052, Block 3053, Block 3054, Block 3055,
Block 3056, Block 3057, Block 3058, Block 3059, Block
3996, Block 3997, Block 3998, Block 3999, Block 4018,
Block 4019, Block 4020, Block 4185, Block 4186, Block
4187.
Chapter 29A.80
Chapter 29A.80 RCW
POLITICAL PARTIES
Sections
29A.80.010
29A.80.011
29A.80.020
29A.80.030
29A.80.041
29A.80.051
29A.80.061
Rule-making authority.
Authority—Generally.
State committee.
County central committee—Organization meetings.
Precinct committee officer, eligibility.
Precinct committee officer—Election—Term.
Legislative district chair—Election—Term—Removal.
No link between voter and ballot choice: RCW 29A.08.161.
Party affiliation not required: RCW 29A.08.166.
29A.80.010
29A.80.010 Rule-making authority. Each political party organization may adopt rules governing its own organization and the nonstatutory
functions of that organization. [2005 c 2 § 14 (Initiative Measure No. 872,
approved November 2, 2004); 2003 c 111 § 2001; 1977 ex.s. c 329 § 16;
1965 c 9 § 29.42.010. Prior: 1961 c 130 § 2; prior: 1943 c 178 § 1, part;
1939 c 48 § 1, part; 1927 c 200 § 1, part; 1925 ex.s. c 158 § 1, part; 1909 c
82 § 6, part; 1907 c 209 § 22, part; Rem. Supp. 1943 § 5198, part. Formerly
RCW 29.42.010.]
[Title 29A RCW—page 114]
Reviser’s note: (1) RCW 29A.80.010 was amended by 2005 c 2 § 14
(Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271
§ 193. For rule of construction, see RCW 1.12.025.
(2) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
Short title—Intent—Contingent effective date—2005 c 2 (Initiative
Measure No. 872): See notes following RCW 29A.52.112.
29A.80.010
29A.80.010 Authority—Generally. [2003 c 111 § 2001; 1977 ex.s.
c 329 § 16; 1965 c 9 § 29.42.010. Prior: 1961 c 130 § 2; prior: 1943 c 178
§ 1, part; 1939 c 48 § 1, part; 1927 c 200 § 1, part; 1925 ex.s. c 158 § 1, part;
1909 c 82 § 6, part; 1907 c 209 § 22, part; Rem. Supp. 1943 § 5198, part.
Formerly RCW 29.42.010.] Repealed by 2004 c 271 § 193.
Reviser’s note: (1) RCW 29A.80.010 was amended by 2005 c 2 § 14
(Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271
§ 193. For rule of construction, see RCW 1.12.025.
(2) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
29A.80.011 Authority—Generally. (1) Each political
party organization may:
(a) Make its own rules and regulations; and
(b) Perform all functions inherent in such an organization.
(2) Only major political parties may designate candidates to appear on the state primary ballot as provided in
RCW 29A.28.011. [2004 c 271 § 183.]
29A.80.011
29A.80.020 State committee. The state committee of
each major political party consists of one committeeman and
one committeewoman from each county elected by the
county central committee at its organization meeting. It must
have a chair and vice-chair of opposite sexes. This committee shall meet during January of each odd-numbered year for
the purpose of organization at a time and place designated by
a notice mailed at least one week before the date of the meeting to all the newly elected state committeemen and committeewomen by the authorized officers of the retiring committee. At its organizational meeting it shall elect its chair and
vice-chair, and such officers as its bylaws may provide, and
adopt bylaws, rules, and regulations. It may:
(1) Call conventions at such time and place and under
such circumstances and for such purposes as the call to convention designates. The manner, number, and procedure for
selection of state convention delegates is subject to the committee’s rules and regulations duly adopted;
(2) Provide for the election of delegates to national conventions;
(3) Fill vacancies on the ticket for any federal or state
office to be voted on by the electors of more than one county;
(4) Provide for the nomination of presidential electors;
and
(5) Perform all functions inherent in such an organization.
Notwithstanding any provision of this chapter, the committee may not adopt rules governing the conduct of the
actual proceedings at a party state convention. [2003 c 111 §
2002; 1987 c 295 § 11; 1972 ex.s. c 45 § 1; 1965 c 9 §
29.42.020. Prior: 1961 c 130 § 3; prior: 1943 c 178 § 1, part;
1939 c 48 § 1, part; 1927 c 200 § 1, part; 1925 ex.s. c 158 § 1,
29A.80.020
(2008 Ed.)
Crimes and Penalties
part; 1909 c 82 § 6, part; 1907 c 209 § 22, part; Rem. Supp.
1943 § 5198, part. Formerly RCW 29.42.020.]
Chapter 29A.84
The legislative district chair may be removed only by the
majority vote of the elected precinct committee officers in the
chair’s district. [2004 c 271 § 150.]
29A.80.030
29A.80.030 County central committee—Organization meetings. The county central committee of each major
political party consists of the precinct committee officers of
the party from the several voting precincts of the county. Following each state general election held in even-numbered
years, this committee shall meet for the purpose of organization at an easily accessible location within the county, subsequent to the certification of precinct committee officers by
the county auditor and no later than the second Saturday of
the following January. The authorized officers of the retiring
committee shall cause notice of the time and place of the
meeting to be mailed to each precinct committee officer at
least seventy-two hours before the date of the meeting.
At its organization meeting, the county central committee shall elect a chair and vice-chair of opposite sexes. [2003
c 111 § 2003; 1987 c 295 § 12; 1973 c 85 § 1; 1973 c 4 § 5;
1965 c 9 § 29.42.030. Prior: 1961 c 130 § 4; prior: 1943 c
178 § 1, part; 1939 c 48 § 1, part; 1927 c 200 § 1, part; 1925
ex.s. c 158 § 1, part; 1909 c 82 § 6, part; 1907 c 209 § 22, part;
Rem. Supp. 1943 § 5198, part. Formerly RCW 29.42.030.]
Precinct election officers, appointment: RCW 29A.44.410 and 29A.44.430.
29A.80.041
29A.80.041 Precinct committee officer, eligibility.
Any member of a major political party who is a registered
voter in the precinct may upon payment of a fee of one dollar
file his or her declaration of candidacy as prescribed under
RCW 29A.24.031 with the county auditor for the office of
precinct committee officer of his or her party in that precinct.
When elected at the primary, the precinct committee officer
shall serve so long as the committee officer remains an eligible voter in that precinct. [2004 c 271 § 148.]
29A.80.051
29A.80.051 Precinct committee officer—Election—
Term. The statutory requirements for filing as a candidate at
the primaries apply to candidates for precinct committee
officer. The office must be voted upon at the primaries, and
the names of all candidates must appear under the proper
party and office designations on the ballot for the primary for
each even-numbered year, and the one receiving the highest
number of votes will be declared elected. However, to be
declared elected, a candidate must receive at least ten percent
of the number of votes cast for the candidate of the candidate’s party receiving the greatest number of votes in the precinct. The term of office of precinct committee officer is two
years, commencing the first day of December following the
primary. [2004 c 271 § 149.]
29A.80.061
29A.80.061 Legislative district chair—Election—
Term—Removal. Within forty-five days after the statewide
general election in even-numbered years, the county chair of
each major political party shall call separate meetings of all
elected precinct committee officers in each legislative district
for the purpose of electing a legislative district chair in such
district. The district chair shall hold office until the next legislative district reorganizational meeting two years later, or
until a successor is elected.
(2008 Ed.)
Chapter 29A.84
Chapter 29A.84 RCW
CRIMES AND PENALTIES
Sections
GENERAL PROVISIONS
29A.84.010
29A.84.020
29A.84.030
29A.84.040
29A.84.050
Voting, registration irregularities.
Violations by officers.
Penalty.
Political advertising, removing or defacing.
Tampering with registration form, absentee or provisional
ballots.
REGISTRATION
29A.84.110
29A.84.120
29A.84.130
29A.84.140
29A.84.150
Officials’ violations.
Disenfranchisement or discrimination.
Voter violations.
Unqualified registration.
Misuse, alteration of registration database.
29A.84.210
29A.84.220
29A.84.230
29A.84.240
29A.84.250
29A.84.261
29A.84.270
Violations by officers.
Violations—Corrupt practices.
Violations by signers.
Violations by signers, officers—Penalty.
Violations—Corrupt practices.
Petitions—Improperly signing.
Duplication of names—Conspiracy—Criminal and civil liability.
Paid petition solicitors—Finding.
PETITIONS AND SIGNATURES
29A.84.280
FILING FOR OFFICE, DECLARATIONS, AND NOMINATIONS
29A.84.311
29A.84.320
Candidacy declarations, nominating petitions.
Duplicate, nonexistent, untrue names—Penalty.
29A.84.410
29A.84.420
Unlawful appropriation, printing, or distribution.
Unauthorized examination of ballots, election materials—
Revealing information.
BALLOTS
POLLING PLACE
29A.84.510
29A.84.520
29A.84.525
29A.84.530
29A.84.540
29A.84.545
29A.84.550
29A.84.560
Acts prohibited in vicinity of polling place—Prohibited practices as to ballots.
Electioneering by election officers forbidden.
Electioneering by disability access voting election officer.
Refusing to leave voting booth.
Ballots—Removing from polling place.
Paper record from electronic voting device—Removing from
polling place.
Tampering with materials.
Voting machines, devices—Tampering with—Extra keys.
VOTING
29A.84.610
29A.84.620
29A.84.630
29A.84.640
29A.84.650
29A.84.655
29A.84.660
29A.84.670
29A.84.670
29A.84.680
Deceptive, incorrect vote recording.
Hindering or bribing voter.
Influencing voter to withhold vote.
Solicitation of bribe by voter.
Repeaters.
Repeaters—Unqualified persons—Officers conniving with.
Unqualified persons voting.
Unlawful acts by voters—Penalty (as amended by 2003 c
53).
Unlawful acts by voters (as amended by 2003 c 111).
Absentee ballots.
CANVASSING AND CERTIFYING
29A.84.711
29A.84.720
29A.84.730
29A.84.740
Documents regarding nomination, election, candidacy—
Frauds and falsehoods.
Officers—Violations generally.
Divulging ballot count.
Returns and posted copy of results—Tampering with.
No link between voter and ballot choices: RCW 29A.08.161.
Party affiliation not required: RCW 29A.08.166.
[Title 29A RCW—page 115]
29A.84.010
Title 29A RCW: Elections
GENERAL PROVISIONS
REGISTRATION
29A.84.010 Voting, registration irregularities. (1) A
county auditor who suspects a person of fraudulent voter registration, vote tampering, or irregularities in voting shall
transmit his or her suspicions and observations without delay
to the canvassing board.
(2) The county auditor shall make a good faith effort to
contact the person in question without delay. If the county
auditor is unable to contact the person, or if, after contacting
the person, the auditor still suspects fraudulent voter registration, vote tampering, or irregularities in voting, the auditor
shall refer the issue to the county prosecuting attorney to
determine if further action is warranted.
(3) When a complaint providing information concerning
fraudulent voter registration, vote tampering, or irregularities
in voting is presented to the office of the prosecuting attorney, that office shall file charges in all cases where warranted. [2003 c 111 § 2101; 2001 c 41 § 12. Formerly RCW
29.85.245.]
29A.84.110 Officials’ violations. If any county auditor
or registration assistant:
(1) Willfully neglects or refuses to perform any duty
required by law in connection with the registration of voters;
or
(2) Willfully neglects or refuses to perform such duty in
the manner required by voter registration law; or
(3) Enters or causes or permits to be entered on the voter
registration records the name of any person in any other manner or at any other time than as prescribed by voter registration law or enters or causes or permits to be entered on such
records the name of any person not entitled to be thereon; or
(4) Destroys, mutilates, conceals, changes, or alters any
registration record in connection therewith except as authorized by voter registration law,
he or she is guilty of a gross misdemeanor punishable to the
same extent as a gross misdemeanor that is punishable under
RCW 9A.20.021. [2003 c 111 § 2105. Prior: 1994 c 57 § 24;
1991 c 81 § 11; 1965 c 9 § 29.85.190; prior: 1933 c 1 § 26;
RRS § 5114-26; prior: 1889 p 418 § 15; RRS § 5133. Formerly RCW 29.07.400, 29.85.190.]
29A.84.010
29A.84.020
29A.84.020 Violations by officers. Every officer who
willfully violates RCW 29A.56.110 through 29A.56.270, for
the violation of which no penalty is prescribed in this title or
who willfully fails to comply with the provisions of this chapter is guilty of a gross misdemeanor. [2003 c 111 § 2102;
1965 c 9 § 29.82.210. Prior: 1953 c 113 § 1; prior: 1913 c
146 § 16, part; RRS § 5365, part. Formerly RCW 29.82.210.]
29A.84.030
29A.84.030 Penalty. A person who willfully violates
any provision of this title regarding the conduct of mail ballot
primaries or elections is guilty of a class C felony punishable
under RCW 9A.20.021. [2003 c 111 § 2103; 2001 c 241 §
21. Formerly RCW 29.38.070.]
29A.84.040
29A.84.040 Political advertising, removing or defacing. A person who removes or defaces lawfully placed political advertising including yard signs or billboards without
authorization is guilty of a misdemeanor punishable to the
same extent as a misdemeanor that is punishable under RCW
9A.20.021. The defacement or removal of each item constitutes a separate violation. [2003 c 111 § 2104. Prior: 1991 c
81 § 19; 1984 c 216 § 5. Formerly RCW 29.85.275.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
Political advertising
generally: RCW 42.17.510 through 42.17.540.
rates for candidates: RCW 65.16.095.
29A.84.050
29A.84.050 Tampering with registration form,
absentee or provisional ballots. A person who knowingly
destroys, alters, defaces, conceals, or discards a completed
voter registration form or signed absentee or provisional ballot signature affidavit is guilty of a gross misdemeanor. This
section does not apply to (1) the voter who completed the
voter registration form, or (2) a county auditor or registration
assistant who acts as authorized by voter registration law.
[2005 c 243 § 23.]
[Title 29A RCW—page 116]
29A.84.110
Severability—1994 c 57: See note following RCW 10.64.021.
Effective date—1991 c 81: See note following RCW 29A.84.540.
29A.84.120 Disenfranchisement or discrimination.
An election officer or a person who intentionally disenfranchises an eligible citizen or discriminates against a person eligible to vote by denying voter registration is guilty of a misdemeanor punishable under RCW 9A.20.021. [2003 c 111 §
2106. Prior: 2001 c 41 § 2. Formerly RCW 29.07.405.]
29A.84.120
29A.84.130 Voter violations. Any person who:
(1) Knowingly provides false information on an application for voter registration under any provision of this title;
(2) Knowingly makes or attests to a false declaration as
to his or her qualifications as a voter;
(3) Knowingly causes or permits himself or herself to be
registered using the name of another person;
(4) Knowingly causes himself or herself to be registered
under two or more different names;
(5) Knowingly causes himself or herself to be registered
in two or more counties;
(6) Offers to pay another person to assist in registering
voters, where payment is based on a fixed amount of money
per voter registration;
(7) Accepts payment for assisting in registering voters,
where payment is based on a fixed amount of money per
voter registration; or
(8) Knowingly causes any person to be registered or
causes any registration to be transferred or canceled except as
authorized under this title,
is guilty of a class C felony punishable under RCW
9A.20.021. [2003 c 111 § 2107. Prior: 1994 c 57 § 25; 1991
c 81 § 12; 1990 c 143 § 12; 1977 ex.s. c 361 § 110; 1965 c 9
§ 29.85.200; prior: 1933 c 1 § 27; RRS § 5114-27; prior:
1893 c 45 § 5; 1889 p 418 § 16; RRS § 5136. Formerly RCW
29.07.410, 29.85.200.]
29A.84.130
(2008 Ed.)
Crimes and Penalties
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Effective date—1991 c 81: See note following RCW 29A.84.540.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
29A.84.140 Unqualified registration. A person who
knows that he or she does not possess the legal qualifications
of a voter and who registers to vote is guilty of a class C felony. [2005 c 246 § 22; 2003 c 111 § 2108. Prior: 2001 c 41
§ 13. Formerly RCW 29.85.249.]
29A.84.140
Effective date—2005 c 246: See note following RCW 10.64.140.
29A.84.150 Misuse, alteration of registration database. Any state or local election officer, or a designee, who
has access to any county or statewide voter registration database who knowingly uses or alters information in the database inconsistent with the performance of his or her duties is
guilty of a class C felony, punishable under RCW 9A.20.021.
[2004 c 267 § 138.]
29A.84.150
Effective dates—2004 c 267: See note following RCW 29A.08.651.
PETITIONS AND SIGNATURES
29A.84.210 Violations by officers. Every officer who
willfully violates any of the provisions of chapter 29A.72
RCW or RCW 29A.32.010 through *29A.32.120, for the violation of which no penalty is herein prescribed, or who willfully fails to comply with the provisions of chapter 29A.72
RCW or RCW 29A.32.010 through *29A.32.120, is guilty of
a gross misdemeanor punishable to the same extent as a gross
misdemeanor that is punishable under RCW 9A.20.021.
[2003 c 111 § 2109; 1993 c 256 § 3; 1965 c 9 § 29.79.480.
Prior: 1913 c 138 § 32, part; RRS § 5428, part. Formerly
RCW 29.79.480.]
29A.84.210
29A.84.240
attempt to procure or obtain signatures upon any recall petition, or to vote for or against any recall; or
(5) By any other corrupt means or practice or by threats
or intimidation interferes with or attempts to interfere with
the right of any legal voter to sign or not to sign any recall
petition or to vote for or against any recall; or
(6) Receives, accepts, handles, distributes, pays out, or
gives away, directly or indirectly, any money, consideration,
compensation, gratuity, reward, or thing of value contributed
by or received from any person, firm, association, or corporation whose residence or principal office is, or the majority of
whose stockholders are nonresidents of the state of Washington, for any service, work, or assistance of any kind done or
rendered for the purpose of aiding in procuring signatures
upon any recall petition or the adoption or rejection of any
recall. [2003 c 111 § 2110; 1984 c 170 § 12; 1965 c 9 §
29.82.220. Prior: 1953 c 113 § 2; prior: 1913 c 146 § 16,
part; RRS § 5365, part. Formerly RCW 29.82.220.]
Misconduct in signing a petition: RCW 9.44.080.
29A.84.230 Violations by signers. (1) Every person
who signs an initiative or referendum petition with any other
than his or her true name is guilty of a class C felony punishable under RCW 9A.20.021.
(2) Every person who knowingly signs more than one
petition for the same initiative or referendum measure or who
signs an initiative or referendum petition knowing that he or
she is not a legal voter or who makes a false statement as to
his or her residence on any initiative or referendum petition,
is guilty of a gross misdemeanor. [2003 c 111 § 2111; 2003
c 53 § 182; 1993 c 256 § 2; 1965 c 9 § 29.79.440. Prior: 1913
c 138 § 31; RRS § 5427. Formerly RCW 29.79.440,
29.79.450, 29.79.460, 29.79.470.]
29A.84.230
*Reviser’s note: RCW 29A.32.120 was repealed by 2004 c 271 § 193.
Later enactment, see RCW 29A.32.121.
Reviser’s note: This section was amended by 2003 c 53 § 182 and by
2003 c 111 § 2111, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Severability—Effective date—1993 c 256: See notes following RCW
29A.84.280.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
29A.84.220 Violations—Corrupt practices. Every
person is guilty of a gross misdemeanor, who:
(1) For any consideration, compensation, gratuity,
reward, or thing of value or promise thereof, signs or declines
to sign any recall petition; or
(2) Advertises in any newspaper, magazine or other periodical publication, or in any book, pamphlet, circular, or letter, or by means of any sign, signboard, bill, poster, handbill,
or card, or in any manner whatsoever, that he or she will
either for or without compensation or consideration circulate,
solicit, procure, or obtain signatures upon, or influence or
induce or attempt to influence or induce persons to sign or not
to sign any recall petition or vote for or against any recall; or
(3) For pay or any consideration, compensation, gratuity,
reward, or thing of value or promise thereof, circulates, or
solicits, procures, or obtains or attempts to procure or obtain
signatures upon any recall petition; or
(4) Pays or offers or promises to pay, or gives or offers or
promises to give any consideration, compensation, gratuity,
reward, or thing of value to any person to induce him or her
to sign or not to sign, or to circulate or solicit, procure, or
29A.84.220
(2008 Ed.)
Severability—Effective date—1993 c 256: See notes following RCW
29A.84.280.
Misconduct in signing a petition: RCW 9.44.080.
Only registered voters may vote—Exception: RCW 29A.04.210.
Registration, information from voter as to qualifications: RCW 29A.08.210.
Residence
contingencies affecting: State Constitution Art. 6 § 4.
defined: RCW 29A.04.151.
29A.84.240 Violations by signers, officers—Penalty.
(1) Every person who signs a recall petition with any other
than his or her true name is guilty of a class B felony punishable according to chapter 9A.20 RCW.
(2) Every person who knowingly (a) signs more than one
petition for the same recall, (b) signs a recall petition when he
or she is not a legal voter, or (c) makes a false statement as to
residence on any recall petition is guilty of a gross misdemeanor.
(3) Every registration officer who makes any false report
or certificate on any recall petition is guilty of a gross misdemeanor. [2004 c 266 § 19. Prior: 2003 c 111 § 2112; 2003
c 53 § 183; 1984 c 170 § 11; 1965 c 9 § 29.82.170; prior:
29A.84.240
[Title 29A RCW—page 117]
29A.84.250
Title 29A RCW: Elections
1913 c 146 § 15; RRS § 5364. Formerly RCW 29.82.170,
29.82.180, 29.82.190, 29.82.200.]
Effective date—2004 c 266: See note following RCW 29A.04.575.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Misconduct in signing a petition: RCW 9.44.080.
29A.84.250 Violations—Corrupt practices. Every
person is guilty of a gross misdemeanor who:
(1) For any consideration or gratuity or promise thereof,
signs or declines to sign any initiative or referendum petition;
or
(2) Provides or receives consideration for soliciting or
procuring signatures on an initiative or referendum petition if
any part of the consideration is based upon the number of signatures solicited or procured, or offers to provide or agrees to
receive such consideration any of which is based on the number of signatures solicited or procured; or
(3) Gives or offers any consideration or gratuity to any
person to induce him or her to sign or not to sign or to vote for
or against any initiative or referendum measure; or
(4) Interferes with or attempts to interfere with the right
of any voter to sign or not to sign an initiative or referendum
petition or with the right to vote for or against an initiative or
referendum measure by threats, intimidation, or any other
corrupt means or practice; or
(5) Receives, handles, distributes, pays out, or gives
away, directly or indirectly, money or any other thing of
value contributed by or received from any person, firm, association, or corporation whose residence or principal office is,
or the majority of whose members or stockholders have their
residence outside, the state of Washington, for any service
rendered for the purpose of aiding in procuring signatures
upon any initiative or referendum petition or for the purpose
of aiding in the adoption or rejection of any initiative or referendum measure. This subsection does not apply to or prohibit any activity that is properly reported in accordance with
the applicable provisions of chapter 42.17 RCW.
A gross misdemeanor under this section is punishable to
the same extent as a gross misdemeanor that is punishable
under RCW 9A.20.021. [2003 c 111 § 2113; 1993 c 256 § 4;
1975-’76 2nd ex.s. c 112 § 2; 1965 c 9 § 29.79.490. Prior:
1913 c 138 § 32, part; RRS § 5428, part. Formerly RCW
29.79.490]
29A.84.250
Severability—Effective date—1993 c 256: See notes following RCW
29A.84.280.
*Reviser’s note: RCW 29A.24.101 was amended by 2006 c 206 § 4,
renaming "nominating petition" as "filing fee petition."
29A.84.270 Duplication of names—Conspiracy—
Criminal and civil liability. Any person who with intent to
mislead or confuse the electors conspires with another person
who has a surname similar to an incumbent seeking reelection to the same office, or to an opponent for the same office
whose political reputation has been well established, by persuading such other person to file for such office with no
intention of being elected, but to defeat the incumbent or the
well known opponent, is guilty of a class B felony punishable
according to chapter 9A.20 RCW. In addition, all conspirators are subject to a suit for civil damages, the amount of
which may not exceed the salary that the injured person
would have received had he or she been elected or reelected.
[2004 c 266 § 20. Prior: 2003 c 111 § 2115; 2003 c 53 § 178;
1965 c 9 § 29.18.080; prior: 1943 c 198 § 6; Rem. Supp.
1943 § 5213-15. Formerly RCW 29.15.110, 29.18.080.]
29A.84.270
Effective date—2004 c 266: See note following RCW 29A.04.575.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
29A.84.280 Paid petition solicitors—Finding. The
legislature finds that paying a worker, whose task it is to
secure the signatures of voters on initiative or referendum
petitions, on the basis of the number of signatures the worker
secures on the petitions encourages the introduction of fraud
in the signature gathering process. Such a form of payment
may act as an incentive for the worker to encourage a person
to sign a petition which the person is not qualified to sign or
to sign a petition for a ballot measure even if the person has
already signed a petition for the measure. Such payments
also threaten the integrity of the initiative and referendum
process by providing an incentive for misrepresenting the
nature or effect of a ballot measure in securing petition signatures for the measure. [2003 c 111 § 2116. Prior: 1993 c 256
§ 1. Formerly RCW 29.79.500.]
29A.84.280
Severability—1993 c 256: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1993 c 256 § 15.]
Effective date—1993 c 256: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 7, 1993]." [1993 c 256 § 16.]
FILING FOR OFFICE, DECLARATIONS,
AND NOMINATIONS
Construction—Severability—1975-’76 2nd ex.s. c 112: See RCW
42.17.945 and 42.17.912.
Misconduct in signing a petition: RCW 9.44.080.
29A.84.311 Candidacy declarations, nominating
petitions. Every person who:
(1) Knowingly provides false information on his or her
declaration of candidacy or petition of nomination; or
(2) Conceals or fraudulently defaces or destroys a certificate that has been filed with an elections officer under chapter 29A.20 RCW or a declaration of candidacy or petition of
nomination that has been filed with an elections officer, or
any part of such a certificate, declaration, or petition, is guilty
of a class C felony punishable under RCW 9A.20.021. [2004
c 271 § 185.]
29A.84.311
29A.84.261 Petitions—Improperly signing. The following apply to persons signing nominating petitions prescribed by *RCW 29A.24.101:
(1) A person who signs a petition with any other than his
or her name shall be guilty of a misdemeanor.
(2) A person shall be guilty of a misdemeanor if the person knowingly: Signs more than one petition for any single
candidacy of any single candidate; signs the petition when he
or she is not a legal voter; or makes a false statement as to his
or her residence. [2004 c 271 § 184.]
29A.84.261
[Title 29A RCW—page 118]
(2008 Ed.)
Crimes and Penalties
29A.84.320
29A.84.320 Duplicate, nonexistent, untrue names—
Penalty. A person is guilty of a class B felony punishable
according to chapter 9A.20 RCW who files a declaration of
candidacy for any public office of:
(1) A nonexistent or fictitious person; or
(2) The name of any person not his or her true name; or
(3) A name similar to that of an incumbent seeking
reelection to the same office with intent to confuse and mislead the electors by taking advantage of the public reputation
of the incumbent; or
(4) A surname similar to one who has already filed for
the same office, and whose political reputation is widely
known, with intent to confuse and mislead the electors by
capitalizing on the public reputation of the candidate who had
previously filed. [2003 c 111 § 2118; 2003 c 53 § 177; 1965
c 9 § 29.18.070. Prior: (i) 1943 c 198 § 2; Rem. Supp. 1943
§ 5213-11. (ii) 1943 c 198 § 3; Rem. Supp. 1943 § 5213-12.
Formerly RCW 29.15.100, 29.18.070.]
Reviser’s note: This section was amended by 2003 c 53 § 177 and by
2003 c 111 § 2118, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
BALLOTS
29A.84.410
29A.84.410 Unlawful appropriation, printing, or distribution. Any person who is retained or employed by any
officer authorized by the laws of this state to procure the
printing of any official ballot or who is engaged in printing
official ballots is guilty of a gross misdemeanor if the person
knowingly:
(1) Appropriates any official ballot to himself or herself;
or
(2) Gives or delivers any official ballot to or permits any
official ballot to be taken by any person other than the officer
authorized by law to receive it; or
(3) Prints or causes to be printed any official ballot: (a)
In any other form than that prescribed by law or as directed
by the officer authorized to procure the printing thereof; or
(b) with any other names thereon or with the names spelled
otherwise than as directed by such officer, or the names or
printing thereon arranged in any other way than that authorized and directed by law.
A gross misdemeanor under this section is punishable to
the same extent as a gross misdemeanor that is punishable
under RCW 9A.20.021. [2003 c 111 § 2119. Prior: 1991 c
81 § 3; 1965 c 9 § 29.85.040; prior: 1893 c 115 § 1; RRS §
5395. Formerly RCW 29.85.040.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
29A.84.420
29A.84.420 Unauthorized examination of ballots,
election materials—Revealing information. (1) It is a
gross misdemeanor for a person to examine, or assist another
to examine, any voter record, ballot, or any other state or
local government official election material if the person,
without lawful authority, conducts the examination:
(2008 Ed.)
29A.84.510
(a) For the purpose of identifying the name of a voter and
how the voter voted; or
(b) For the purpose of determining how a voter, whose
name is known to the person, voted; or
(c) For the purpose of identifying the name of the voter
who voted in a manner known to the person.
(2) Any person who reveals to another information
which the person ascertained in violation of subsection (1) of
this section is guilty of a gross misdemeanor.
(3) A gross misdemeanor under this section is punishable
to the same extent as a gross misdemeanor that is punishable
under RCW 9A.20.021. [2003 c 111 § 2120. Prior: 1991 c
81 § 2; 1965 c 9 § 29.85.020; prior: 1911 c 89 § 1, part; Code
1881 § 906; 1873 p 205 § 105; 1854 p 93 § 96; RRS § 5387.
Formerly RCW 29.85.020.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
POLLING PLACE
29A.84.510 Acts prohibited in vicinity of polling
place—Prohibited practices as to ballots. (1) On the day of
any primary or general or special election, no person may,
within a polling place, or in any public area within three hundred feet of any entrance to such polling place:
(a) Suggest or persuade or attempt to suggest or persuade
any voter to vote for or against any candidate or ballot measure;
(b) Circulate cards or handbills of any kind;
(c) Solicit signatures to any kind of petition; or
(d) Engage in any practice which interferes with the freedom of voters to exercise their franchise or disrupts the
administration of the polling place.
(2) No person may obstruct the doors or entries to a
building in which a polling place is located or prevent free
access to and from any polling place. Any sheriff, deputy
sheriff, or municipal law enforcement officer shall prevent
such obstruction, and may arrest any person creating such
obstruction.
(3) No person may:
(a) Except as provided in RCW 29A.44.050, remove any
ballot from the polling place before the closing of the polls;
or
(b) Solicit any voter to show his or her ballot.
(4) No person other than an inspector or judge of election
may receive from any voter a voted ballot or deliver a blank
ballot to such elector.
(5) Any violation of this section is a gross misdemeanor,
punishable to the same extent as a gross misdemeanor that is
punishable under RCW 9A.20.021, and the person convicted
may be ordered to pay the costs of prosecution. [2003 c 111
§ 2121. Prior: 1991 c 81 § 20; 1990 c 59 § 75; 1984 c 35 §
1; 1983 1st ex.s. c 33 § 1; 1965 c 9 § 29.51.020; prior: (i)
1947 c 35 § 1, part; 1889 p 412 § 33, part; Rem. Supp. 1947
§ 5298, part. (ii) 1895 c 156 § 7, part; 1889 p 409 § 22, part;
Code 1881 § 3079, part; 1865 p 34 § 4, part; RRS § 5279,
part. Formerly RCW 29.51.020]
29A.84.510
Effective date—1991 c 81: See note following RCW 29A.84.540.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
[Title 29A RCW—page 119]
29A.84.520
Title 29A RCW: Elections
29A.84.520
29A.84.520 Electioneering by election officers forbidden. Any election officer who does any electioneering on
primary or election day, is guilty of a misdemeanor, and upon
conviction must be fined in any sum not exceeding one hundred dollars and pay the costs of prosecution. [2003 c 111 §
2122; 1965 c 9 § 29.51.030. Prior: 1947 c 35 § 1, part; 1889
p 412 § 33, part; Rem. Supp. 1947 § 5298, part. Formerly
RCW 29.51.030.]
29A.84.525
29A.84.525 Electioneering by disability access voting
election officer. A disability access voting election officer
who does any electioneering during the voting period is
guilty of a misdemeanor, and upon conviction must be fined
a sum not exceeding one hundred dollars and pay the costs of
prosecution. [2004 c 267 § 309.]
Effective dates—2004 c 267: See note following RCW 29A.08.651.
29A.84.530
29A.84.530 Refusing to leave voting booth. Deliberately impeding other voters from casting their votes by refusing to leave a voting booth or voting device is a misdemeanor
and is subject to the penalties provided in chapter 9A.20
RCW. The precinct election officers may provide assistance
in the manner provided by RCW 29A.44.240 to any voter
who requests it. [2003 c 111 § 2123. Prior: 1990 c 59 § 49.
Formerly RCW 29.51.221.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.84.560 Voting machines, devices—Tampering
with—Extra keys. Any person who tampers with or damages or attempts to damage any voting machine or device to
be used or being used in a primary or special or general election, or who prevents or attempts to prevent the correct operation of such machine or device, or any unauthorized person
who makes or has in his or her possession a key to a voting
machine or device to be used or being used in a primary or
special or general election, is guilty of a class C felony punishable under RCW 9A.20.021. [2003 c 111 § 2126; 1991 c
81 § 18; 1965 c 9 § 29.85.260. Prior: 1913 c 58 § 16; RRS §
5316. Formerly RCW 29.85.260.]
29A.84.560
Effective date—1991 c 81: See note following RCW 29A.84.540.
VOTING
29A.84.610 Deceptive, incorrect vote recording. A
person is guilty of a gross misdemeanor who knowingly:
(1) Deceives any voter in recording his or her vote by
providing incorrect or misleading recording information or
by providing faulty election equipment or records; or
(2) Records the vote of any voter in a manner other than
as designated by the voter.
Such a gross misdemeanor is punishable to the same
extent as a gross misdemeanor that is punishable under RCW
9A.20.021. [2003 c 111 § 2127. Prior: 1991 c 81 § 4. Formerly RCW 29.85.051.]
29A.84.610
Effective date—1991 c 81: See note following RCW 29A.84.540.
29A.84.620 Hindering or bribing voter. Any person
who uses menace, force, threat, or any unlawful means
towards any voter to hinder or deter such a voter from voting,
or directly or indirectly offers any bribe, reward, or any thing
of value to a voter in exchange for the voter’s vote for or
against any person or ballot measure, or authorizes any person to do so, is guilty of a class C felony punishable under
RCW 9A.20.021. [2003 c 111 § 2128. Prior: 1991 c 81 § 5;
1965 c 9 § 29.85.060; prior: (i) 1911 c 89 § 1, part; Code
1881 § 904; 1873 p 204 § 103; 1854 p 93 § 94; RRS § 5386.
(ii) 1911 c 89 § 1, part; 1901 c 142 § 1; Code 1881 § 909;
1873 p 205 § 106; 1865 p 50 § 1; 1854 p 93 § 97; RRS §
5388. Formerly RCW 29.85.060.]
29A.84.620
29A.84.540
29A.84.540 Ballots—Removing from polling place.
Any person who, without lawful authority, removes a ballot
from a polling place is guilty of a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021. [2003 c 111 § 2124. Prior:
1991 c 81 § 1; 1965 c 9 § 29.85.010; prior: 1893 c 115 § 2;
RRS § 5396. Formerly RCW 29.85.010.]
Effective date—1991 c 81: "This act shall take effect July 1, 1992."
[1991 c 81 § 42.]
29A.84.545
29A.84.545 Paper record from electronic voting
device—Removing from polling place. Anyone who, without authorization, removes from a polling place a paper
record produced by an electronic voting device is guilty of a
class C felony punishable under RCW 9A.20.021. [2005 c
242 § 6.]
Paper records: RCW 29A.12.085, 29A.44.045, 29A.60.095.
29A.84.550
29A.84.550 Tampering with materials. Any person
who willfully defaces, removes, or destroys any of the supplies or materials that the person knows are intended both for
use in a polling place and for enabling a voter to prepare his
or her ballot is guilty of a class C felony punishable under
RCW 9A.20.021. [2003 c 111 § 2125; 1991 c 81 § 9; 1965 c
9 § 29.85.110. Prior: 1889 p 412 § 31; RRS § 5296.
FORMER PART OF SECTION: 1935 c 108 § 3, part; RRS
§ 5339-3, part, now codified, as reenacted, in RCW
29.85.230. Formerly RCW 29.85.110.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
[Title 29A RCW—page 120]
Effective date—1991 c 81: See note following RCW 29A.84.540.
Employer’s duty to provide time to vote: RCW 49.28.120.
29A.84.630 Influencing voter to withhold vote. Any
person who in any way, directly or indirectly, by menace or
unlawful means, attempts to influence any person in refusing
to give his or her vote in any primary or special or general
election is guilty of a gross misdemeanor punishable to the
same extent as a gross misdemeanor that is punishable under
RCW 9A.20.021. [2003 c 111 § 2129. Prior: 1991 c 81 § 6;
1965 c 9 § 29.85.070; prior: Code 1881 § 3140; RRS § 5389.
Formerly RCW 29.85.070.]
29A.84.630
Effective date—1991 c 81: See note following RCW 29A.84.540.
Employer’s duty to provide time to vote: RCW 49.28.120.
29A.84.640 Solicitation of bribe by voter. Any person
who solicits, requests, or demands, directly or indirectly, any
reward or thing of value or the promise thereof in exchange
29A.84.640
(2008 Ed.)
Crimes and Penalties
for his or her vote or in exchange for the vote of any other
person for or against any candidate or for or against any ballot measure to be voted upon at a primary or special or general election is guilty of a gross misdemeanor punishable to
the same extent as a gross misdemeanor that is punishable
under RCW 9A.20.021. [2003 c 111 § 2130. Prior: 1991 c
81 § 7; 1965 c 9 § 29.85.090; prior: 1907 c 209 § 32; RRS §
5207. Formerly RCW 29.85.090.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
29A.84.650 Repeaters. (1) Any person who intentionally votes or attempts to vote in this state more than once at
any election, or who intentionally votes or attempts to vote in
both this state and another state at any election, is guilty of a
class C felony.
(2) Any person who recklessly or negligently violates
this section commits a class 1 civil infraction as provided in
RCW 7.80.120. [2005 c 243 § 24; 2003 c 111 § 2131. Prior:
1991 c 81 § 13; 1965 c 9 § 29.85.210; prior: 1911 c 89 § 1,
part; Code 1881 § 903; 1873 p 204 § 102; 1865 p 51 § 5; 1854
p 93 § 93; RRS § 5383. Formerly RCW 29.85.210.]
29A.84.650
Effective date—1991 c 81: See note following RCW 29A.84.540.
29A.84.655 Repeaters—Unqualified persons—Officers conniving with. Any precinct election officer who
knowingly permits any voter to cast a second vote at any primary or general or special election, or knowingly permits any
person not a qualified voter to vote at any primary or general
or special election, is guilty of a class C felony punishable
under RCW 9A.20.021. [2003 c 111 § 2132. Prior: 1991 c
81 § 14; 1965 c 9 § 29.85.220; prior: 1911 c 89 § 1, part;
Code 1881 § 911; 1873 p 205 § 108; RRS § 5385. Formerly
RCW 29.85.220.]
29A.84.655
Effective date—1991 c 81: See note following RCW 29A.84.540.
29A.84.660 Unqualified persons voting. Any person
who knows that he or she does not possess the legal qualifications of a voter and who votes at any primary or special or
general election authorized by law to be held in this state for
any office whatever is guilty of a class C felony punishable
under RCW 9A.20.021. [2003 c 111 § 2133; 1991 c 81 § 17;
1965 c 9 § 29.85.240. Prior: 1911 c 89 § 1, part; Code 1881
§ 905; 1873 p 204 § 104; 1865 p 51 § 4; 1854 p 93 § 95; RRS
§ 5384. Formerly RCW 29.85.240.]
29A.84.660
Effective date—1991 c 81: See note following RCW 29A.84.540.
1, part; 1889 p 412 § 33, part; Rem. Supp. 1947 § 5298, part. Formerly RCW
29.51.230.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
29A.84.670
29A.84.670 Unlawful acts by voters (as amended by 2003 c 111). It
((shall be)) is unlawful for a voter to:
(1) ((Show his ballot after it is marked to any person in such a way as
to reveal the contents thereof or the name of any candidate for whom he has
marked his vote;
(2))) Receive a ballot from any person other than the election officer
having charge of the ballots;
(((3))) (2) Vote or offer to vote any ballot except one ((that he has))
received from the election officer having charge of the ballots;
(((4) Place any mark upon his ballot by which it may afterward be identified as the one voted by him;
(5))) (3) Fail to return to the election officers any ballot ((he)) received
from an election officer.
A violation of any provision of this section ((shall be)) is a misdemeanor, punishable by a fine not exceeding one hundred dollars, plus costs
of prosecution. [2003 c 111 § 2134; 1965 c 9 § 29.51.230. Prior: 1947 c 35
§ 1, part; 1889 p 412 § 33, part; Rem. Supp. 1947 § 5298, part. Formerly
RCW 29.51.230.]
Reviser’s note: RCW 29.51.230 (recodified as RCW 29A.84.670) was
amended twice during the 2003 legislative session, each without reference to
the other. For rule of construction concerning sections amended more than
once during the same legislative session, see RCW 1.12.025.
29A.84.680 Absentee ballots. (1) A person who willfully violates any provision of chapter 29A.40 RCW regarding the assertion or declaration of qualifications to receive or
cast an absentee ballot or unlawfully casts a vote by absentee
ballot is guilty of a class C felony punishable under RCW
9A.20.021.
(2) Except as provided in this chapter, a person who willfully violates any other provision of chapter 29A.40 RCW is
guilty of a misdemeanor. [2003 c 111 § 2136; 2003 c 53 §
179; 2001 c 241 § 14; 1994 c 269 § 2; 1991 c 81 § 34; 1987 c
346 § 20; 1983 1st ex.s. c 71 § 9. Formerly RCW 29.36.370,
29.36.160.]
29A.84.680
Reviser’s note: This section was amended by 2003 c 53 § 179 and by
2003 c 111 § 2136, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—1991 c 81: See note following RCW 29A.84.540.
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
Tampering with registration form, absentee or provisional ballots: RCW
29A.84.050.
CANVASSING AND CERTIFYING
29A.84.670
29A.84.670 Unlawful acts by voters—Penalty (as amended by 2003
c 53). (1) It ((shall be)) is unlawful for a voter to:
(((1))) (a) Show his or her ballot after it is marked to any person in such
a way as to reveal the contents thereof or the name of any candidate for
whom he or she has marked his or her vote;
(((2))) (b) Receive a ballot from any person other than the election
officer having charge of the ballots;
(((3))) (c) Vote or offer to vote any ballot except one that he or she has
received from the election officer having charge of the ballots;
(((4))) (d) Place any mark upon his or her ballot by which it may afterward be identified as the one voted by him or her;
(((5))) (e) Fail to return to the election officers any ballot he or she
received from an election officer.
(2) A violation of ((any provision of)) this section ((shall be)) is a misdemeanor, punishable by a fine not exceeding one hundred dollars, plus costs
of prosecution. [2003 c 53 § 181; 1965 c 9 § 29.51.230. Prior: 1947 c 35 §
(2008 Ed.)
29A.84.720
29A.84.711 Documents regarding nomination, election, candidacy—Frauds and falsehoods. Every person
who:
(1) Knowingly and falsely issues a certificate of nomination or election; or
(2) Knowingly provides false information on a certificate which must be filed with an elections officer under chapter 29A.20 RCW, is guilty of a class C felony punishable
under RCW 9A.20.021. [2004 c 271 § 186.]
29A.84.711
29A.84.720 Officers—Violations generally. Every
person charged with the performance of any duty under the
29A.84.720
[Title 29A RCW—page 121]
29A.84.730
Title 29A RCW: Elections
provisions of any law of this state relating to elections,
including primaries, or the provisions of any charter or ordinance of any city or town of this state relating to elections
who willfully neglects or refuses to perform such duty, or
who, in the performance of such duty, or in his or her official
capacity, knowingly or fraudulently violates any of the provisions of law relating to such duty, is guilty of a class C felony
punishable under RCW 9A.20.021 and shall forfeit his or her
office. [2003 c 111 § 2138. Prior: 1991 c 81 § 10; 1965 c 9
§ 29.85.170; prior: (i) 1889 p 412 § 32; RRS § 5297. (ii)
1911 c 89 § 1, part; Code 1881 § 912; 1877 p 205 § 2; RRS §
5392. Formerly RCW 29.85.170.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
29A.84.730 Divulging ballot count. (1) In any location
in which ballots are counted, no person authorized by law to
be present while votes are being counted may divulge any
results of the count of the ballots at any time prior to the closing of the polls for that primary or special or general election.
(2) A violation of this section is a gross misdemeanor
punishable to the same extent as a gross misdemeanor that is
punishable under RCW 9A.20.021. [2003 c 111 § 2139.
Prior: 1991 c 81 § 15; 1990 c 59 § 55; 1977 ex.s. c 361 § 85;
1965 c 9 § 29.54.035; prior: 1955 c 148 § 6. Formerly RCW
29.85.225, 29.54.035.]
29A.84.730
site for a high-level nuclear waste repository, a state may disapprove the selection of such site in that state.
(2) The legislature and the people desire, if the governor
and legislature do not issue a notice of disapproval within
twenty-one days of the president’s recommendation, that the
people of this state have the opportunity to vote upon disapproval. [2003 c 111 § 2201. Prior: 1986 ex.s. c 1 § 3. Formerly RCW 29.91.010.]
29A.88.020 High-level repository—Selection of site
in state—Special election for disapproval. (1) Within
seven days after any recommendation by the president of the
United States of a site in the state of Washington to be a highlevel nuclear waste repository under 42 U.S.C. Sec. 10136,
the governor shall set the date for a special statewide election
to vote on disapproval of the selection of such site. The special election shall be no more than fifty days after the date of
the recommendation of the president of the United States.
(2) If either the governor or the legislature submits a
notice of disapproval to the United States Congress within
twenty-one days of the date of the recommendation by the
president of the United States, then the governor is authorized
to cancel the special election pursuant to subsection (1) of
this section. [2003 c 111 § 2202; 1986 ex.s. c 1 § 4. Formerly
RCW 29.91.020.]
29A.88.020
Effective date—1991 c 81: See note following RCW 29A.84.540.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29A.16.040.
Divulging returns in voting device precincts: RCW 29A.60.120.
29A.84.740 Returns and posted copy of results—
Tampering with. It shall be a gross misdemeanor, punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021, for any person to remove or
deface the posted copy of the result of votes cast at their precinct or to delay delivery of or change the copy of primary or
special or general election returns to be delivered to the
proper election officer. [2003 c 111 § 2140. Prior: 1991 c 81
§ 16; 1965 c 9 § 29.85.230; prior: 1935 c 108 § 3; RRS §
5339-3. Formerly RCW 29.85.230, 29.85.110, part.]
29A.84.740
Effective date—1991 c 81: See note following RCW 29A.84.540.
Chapter 29A.88
Chapter 29A.88 RCW
NUCLEAR WASTE SITE—
ELECTION FOR DISAPPROVAL
Sections
29A.88.030 Costs of election. The state of Washington
shall assume the costs of any special election called under
RCW 29A.88.020 in the same manner as provided in RCW
29A.04.420 and 29A.04.430. [2003 c 111 § 2203. Prior:
1986 ex.s. c 1 § 5. Formerly RCW 29.91.030.]
29A.88.030
29A.88.040 Special election—Notification of auditors—Application of election laws. The secretary of state
shall promptly notify the county auditors of the date of the
special election and certify to them the text of the ballot title
for this special election. The general election laws shall
apply to the election required by RCW 29A.88.020 to the
extent that they are not inconsistent with this chapter. Statutory deadlines relating to certification, canvassing, and the
voters’ pamphlet may be modified for the election held pursuant to RCW 29A.88.020 by the secretary of state through
emergency rules adopted under *RCW 29A.04.610. [2003 c
111 § 2204. Prior: 1986 ex.s. c 1 § 6. Formerly RCW
29.91.040.]
29A.88.040
*Reviser’s note: RCW 29A.04.610 was amended by 2004 c 267 § 702
and repealed by 2004 c 271 § 193. RCW 29A.04.610 was subsequently
repealed by 2006 c 206 § 9. Later enactment, see RCW 29A.04.611.
29A.88.010 Findings.
29A.88.020 High-level repository—Selection of site in state—Special
election for disapproval.
29A.88.030 Costs of election.
29A.88.040 Special election—Notification of auditors—Application of
election laws.
29A.88.050 Ballot title.
29A.88.060 Effect of vote.
29A.88.050 Ballot title. The ballot title for the special
election called under RCW 29A.88.020 shall be "Shall the
Governor be required to notify Congress of Washington’s
disapproval of the President’s recommendation of [name of
site] as a national high-level nuclear waste repository?"
[2003 c 111 § 2205. Prior: 1986 ex.s. c 1 § 7. Formerly
RCW 29.91.050.]
29A.88.010 Findings. (1) The legislature and the people find that the federal Nuclear Waste Policy Act provides
that within sixty days of the president’s recommendation of a
29A.88.060 Effect of vote. If the governor or the legislature fails to prepare and submit a notice of disapproval to
the United States Congress within fifty-five days of the pres-
29A.88.010
[Title 29A RCW—page 122]
29A.88.050
29A.88.060
(2008 Ed.)
Nuclear Waste Site—Election for Disapproval
29A.88.060
ident’s recommendation and a majority of the voters in the
special election held pursuant to RCW 29A.88.020 favored
such notice of disapproval, then the vote of the people shall
be binding on the governor. The governor shall prepare and
submit the notice of disapproval to the United States Congress pursuant to 42 U.S.C. Sec. 10136. [2003 c 111 § 2206;
1986 ex.s. c 1 § 8. Formerly RCW 29.91.060.]
(2008 Ed.)
[Title 29A RCW—page 123]
Title 30
BANKS AND TRUST COMPANIES
Title 30
Chapters
30.04
30.08
30.12
30.16
30.20
30.22
30.24
30.32
30.36
30.38
30.42
30.43
30.44
30.46
30.49
30.53
30.56
30.60
30.98
Chapter 30.04
General provisions.
Organization and powers.
Officers, employees, and stockholders.
Checks.
Deposits.
Financial institution individual account
deposit act.
Investment of trust funds.
Dealings with federal loan agencies.
Capital notes or debentures.
Interstate banking.
Alien banks.
Satellite facilities.
Insolvency and liquidation.
Supervisory direction—Conservatorship.
Merger, consolidation, and conversion.
Merging trust companies.
Bank stabilization act.
Community credit needs.
Construction.
Business corporations and cooperative associations: Title 23B RCW.
Charitable trusts: Chapter 11.100 RCW.
Consumer loan act: Chapter 31.04 RCW.
Credit life insurance and credit accident and health insurance: Chapter
48.34 RCW.
Credit unions: Chapter 31.12 RCW.
Department of financial institutions: Chapter 43.320 RCW.
Depositaries
city: Chapter 35.38 RCW.
county: Chapter 36.48 RCW.
of state funds: Chapter 43.85 RCW.
Indemnification of corporation directors, officers, trustees authorized, insurance: RCW 23B.08.320, 23B.08.500 through 23B.08.580, 23B.08.600,
and 23B.17.030.
Investment of county funds not required for immediate expenditures, service
fee: RCW 36.29.020.
Investment of funds of school district—Service fee: RCW 28A.320.320.
Life insurance payable to trustee named as beneficiary in policy or will:
RCW 48.18.450, 48.18.452.
Master license system exemption: RCW 19.02.800.
Mortgages: Title 61 RCW.
Sections
30.04.010
30.04.020
30.04.025
30.04.030
30.04.045
30.04.050
30.04.060
30.04.070
30.04.075
30.04.111
30.04.112
30.04.120
30.04.125
30.04.127
30.04.129
30.04.130
30.04.140
30.04.180
30.04.210
30.04.212
30.04.214
30.04.215
30.04.217
30.04.220
30.04.225
30.04.230
30.04.232
30.04.238
30.04.240
30.04.260
30.04.280
30.04.285
30.04.295
30.04.300
30.04.310
30.04.330
30.04.375
30.04.380
Negotiable instruments: Title 62A RCW.
30.04.390
Powers of appointment: Chapter 11.95 RCW.
30.04.395
30.04.400
30.04.405
Probate—Bank exempted from executors, administrators, and special
administrator’s bond: RCW 11.28.185, 11.32.020.
Public charitable trusts: Chapter 11.110 RCW.
30.04.410
Public depositaries, deposit and investment of public funds: Chapter 39.58
RCW.
30.04.450
Real property and conveyances: Title 64 RCW.
30.04.455
Retail installment sales of goods and services: Chapter 63.14 RCW.
30.04.460
Safe deposit companies: Chapter 22.28 RCW.
30.04.465
Washington principal and income act of 2002: Chapter 11.104A RCW.
(2008 Ed.)
Chapter 30.04 RCW
GENERAL PROVISIONS
Definitions.
Use of words indicating bank or trust company—Penalty.
Financial institutions—Loan charges—Out-of-state national
banks.
Rules—Administration and interpretation of title.
Director—Powers under chapter 19.144 RCW.
Violations—Penalty.
Examinations directed—Cooperative agreements and actions.
Cost of examination.
Examination reports and information—Confidentiality—Disclosure—Penalty.
Limit on loans and extensions of credit to one person—Exceptions.
"Loans or obligations" and "liabilities" limited for purposes of
RCW 30.04.111.
Loans on own stock prohibited—Shares of other corporations.
Investment in corporations—Authorized businesses.
Formation, incorporation, or investment in corporations or
other entities authorized—Approval—Exception.
Investment in obligations issued or guaranteed by multilateral
development bank.
Defaulted debts, judgments to be charged off—Valuation of
assets.
Pledge of securities or assets prohibited—Exceptions.
Dividends.
Real estate holdings.
Real property and improvements thereon.
Qualifying community investments.
Engaging in other business activities.
Additional powers—Powers and authorities of mutual savings
bank—Restrictions.
Corporations existing under former laws.
Contributions and gifts.
Authority of corporation or association to acquire stock of
bank, trust company, or national banking association.
Additional authority of out-of-state holding company to
acquire stock or assets of bank, trust company, or national
banking association.
Purchase of own capital stock authorized.
Trust business to be kept separate—Authorized deposit of
securities.
Legal services, advertising of—Penalty.
Compliance enjoined—Banking, trust business, branches.
Director’s approval of a branch—Satisfactory financial condition—Affiliated commercial locations.
Agency agreements—Written notice to director.
Foreign branch banks.
Penalty—General.
Saturday closing authorized.
Investment in stock, participation certificates, and other evidences of participation.
Investment in paid-in capital stock and surplus of banks or corporations engaged in international or foreign banking.
Acquisition of stock of banks organized under laws of foreign
country, etc.
Continuing authority for investments.
Bank acquisition or control—Definitions.
Bank acquisition or control—Notice or application—Registration statement—Violations—Penalties.
Bank acquisition or control—Disapproval by director—
Change of officers.
Violations or unsafe or unsound practices—Notice of
charges—Contents—Hearing—Cease and desist order.
Violations or unsafe or unsound practices—Temporary cease
and desist order—Issuance.
Violations or unsafe or unsound practices—Injunction to set
aside, limit, or suspend temporary order.
Violations or unsafe or unsound practices—Injunction to
enforce temporary order.
[Title 30 RCW—page 1]
30.04.010
30.04.470
30.04.475
30.04.500
30.04.505
30.04.510
30.04.515
30.04.550
30.04.555
30.04.560
30.04.565
30.04.570
30.04.575
30.04.600
30.04.605
30.04.610
30.04.650
30.04.901
Title 30 RCW: Banks and Trust Companies
Violations or unsafe or unsound practices—Removal of
officer or employee or prohibiting participation in bank or
trust company affairs—Administrative hearing or judicial
review.
Violations or unsafe or unsound practices—Removal of
officer or employee or prohibiting participation in bank or
trust company affairs—Jurisdiction of courts in enforcement
or issuance of orders, injunctions or judicial review.
Fairness in lending act—Short title.
Fairness in lending act—Definitions.
Fairness in lending act—Unlawful practices.
Fairness in lending act—Sound underwriting practices not precluded.
Reorganization as subsidiary of bank holding company—
Authority.
Reorganization as subsidiary of bank holding company—Procedure.
Reorganization as subsidiary of bank holding company—Dissenter’s rights—Conditions.
Reorganization as subsidiary of bank holding company—Valuation of shares of dissenting shareholders.
Reorganization as subsidiary of bank holding company—
Approval of director—Certificate of reorganization—
Exchange of shares.
Public hearing prior to approval of reorganization—Request.
Shareholders—Actions authorized without meetings—Written consent.
Directors, committees—Actions authorized without meetings—Written consent.
Directors, committees—Meetings authorized by conference
telephone or similar communications equipment.
Automated teller machines and night depositories security.
Severability—2003 c 24.
poration, or the plural thereof, whether resident, nonresident,
citizen or not.
(7) "Director" means the director of financial institutions.
(8) "Foreign bank" and "foreign banker" shall include:
(a) Every corporation not organized under the laws of the
territory or state of Washington doing a banking business,
except a national bank;
(b) Every unincorporated company, partnership or association of two or more individuals organized under the laws
of another state or country, doing a banking business;
(c) Every other unincorporated company, partnership or
association of two or more individuals, doing a banking business, if the members thereof owning a majority interest
therein or entitled to more than one-half of the net assets
thereof are not residents of this state;
(d) Every nonresident of this state doing a banking business in his or her own name and right only. [1997 c 101 § 3;
1996 c 2 § 2; 1994 c 92 § 7; 1959 c 106 § 1; 1955 c 33 §
30.04.010. Prior: 1933 c 42 § 2; 1917 c 80 § 14; RRS §
3221.]
Severability—1996 c 2: See RCW 30.38.900.
30.04.020 Use of words indicating bank or trust company—Penalty. (1) The name of every bank shall contain
the word "bank" and the name of every trust company shall
contain the word "trust," or the word "bank." Except as provided in RCW 33.08.030 or as otherwise approved by the
director, no person except:
(a) A national bank;
(b) A bank or trust company authorized by the laws of
this state;
(c) A corporation established under *RCW 31.30.010;
(d) A foreign corporation authorized by this title so to do,
shall:
(i) Use as a part of his or its name or other business designation or in any manner as if connected with his or its business or place of business any of the following words or the
plural thereof, to wit: "bank," "banking," "banker," "trust."
(ii) Use any sign at or about his or its place of business or
use or circulate any advertisement, letterhead, billhead, note,
receipt, certificate, blank, form, or any written or printed or
part written and part printed paper, instrument or article
whatsoever, directly or indirectly indicating that the business
of such person is that of a bank or trust company.
(2) A foreign corporation, whose name contains the
words "bank," "banker," "banking," or "trust," or whose articles of incorporation empower it to engage in banking or to
engage in a trust business, may not engage in banking or in a
trust business in this state unless the corporation (a) is
expressly authorized to do so under this title, under federal
law, or by the director, and (b) complies with all applicable
requirements of chapter 23B.15 RCW regarding foreign corporations. If an activity would not constitute "transacting
business" within the meaning of RCW 23B.15.010(1) or
chapter 23B.18 RCW, then the activity shall not constitute
banking or engaging in a trust business. Nothing in this subsection shall prevent operations by an alien bank in compliance with chapter 30.42 RCW.
30.04.020
Corporate seals, effect of absence from instrument: RCW 64.04.105.
Depositaries of state funds: Chapter 43.85 RCW.
Employee benefit plans—Payment as discharge: RCW 49.64.030.
Federal bonds and notes as investment or collateral: Chapter 39.60 RCW.
Interest and usury in general: Chapter 19.52 RCW.
Issuance of money, liability of stockholders: State Constitution Art. 12 § 11.
30.04.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this title.
(1) "Banking" shall include the soliciting, receiving or
accepting of money or its equivalent on deposit as a regular
business.
(2) "Bank," unless a different meaning appears from the
context, means any corporation organized under the laws of
this state engaged in banking, other than a trust company,
savings association, or a mutual savings bank.
(3) "Branch" means any established office of deposit,
domestic or otherwise, maintained by any bank or trust company other than its head office. "Branch" does not mean a
machine permitting customers to leave funds in storage or
communicate with bank employees who are not located at the
site of the machine, unless employees of the bank at the site
of the machine take deposits on a regular basis. An office or
facility of an entity other than the bank shall not be deemed to
be established by the bank, regardless of any affiliation,
accommodation arrangement, or other relationship between
the other entity and the bank.
(4) The term "trust business" shall include the business
of doing any or all of the things specified in RCW 30.08.150
(2), (3), (4), (5), (6), (7), (8), (9), (10) and (11).
(5) "Trust company," unless a different meaning appears
from the context, means any corporation organized under the
laws of this state engaged in trust business.
(6) "Person" unless a different meaning appears from the
context, shall include a firm, association, partnership or cor30.04.010
[Title 30 RCW—page 2]
(2008 Ed.)
General Provisions
(3) This section shall not prevent a lender approved by
the United States secretary of housing and urban development for participation in any mortgage insurance program
under the National Housing Act from using the words "mortgage banker" or "mortgage banking" in the conduct of its
business, but only if both words are used together in either of
the forms which appear in quotations in this sentence.
(4) Every person who, and every director and officer of
every corporation which, to the knowledge of such director or
officer violates any provision of this section shall be guilty of
a gross misdemeanor. [1994 c 256 § 32; 1986 c 284 § 15;
1983 c 42 § 2; 1981 c 88 § 1; 1955 c 33 § 30.04.020. Prior:
1925 ex.s. c 114 § 1; 1917 c 80 § 18; RRS § 3225.]
*Reviser’s note: RCW 31.30.010 was repealed by 1998 c 12 § 1.
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.04.025 Financial institutions—Loan charges—
Out-of-state national banks. Notwithstanding any restrictions, limitations, requirements, or other provisions of law, a
financial institution, as defined in RCW 30.22.040(12), may
charge, take, receive, or reserve interest, discount or other
points, finance charges, or other similar charges on any loan
or other extension of credit, at a rate or amount that is equal
to, or less than, the maximum rate or amount of interest, discount or other points, finance charges, or other similar
charges that national banks located in any other state or states
may charge, take, receive, or reserve, under 12 U.S.C. Sec.
85, on loans or other extensions of credit to residents of this
state. However, this section does not authorize any subsidiary of a bank, of a trust company, of a mutual savings bank,
of a savings and loan association, or of a credit union to
charge, take, receive, or reserve interest, discount or other
points, finance charges, or other similar charges on any loan
or other extension of credit, unless the subsidiary is itself a
bank, trust company, mutual savings bank, savings and loan
association, or credit union. [2003 c 24 § 3.]
30.04.025
30.04.030 Rules—Administration and interpretation
of title. The director shall have power to adopt uniform rules
in accordance with the administrative procedure act, chapter
34.05 RCW, to govern examinations and reports of banks and
trust companies and the form in which they shall report their
assets, liabilities, and reserves, charge off bad debts and otherwise keep their records and accounts, and otherwise to govern the administration of this title. The director shall mail a
copy of the rules to each bank and trust company at its principal place of business.
The director shall have the power, and broad administrative discretion, to administer and interpret the provisions of
this title to facilitate the delivery of financial services to the
citizens of the state of Washington by the banks and trust
companies subject to this title. [1994 c 92 § 8; 1986 c 279 §
1; 1955 c 33 § 30.04.030. Prior: 1917 c 80 § 58, part; RRS §
3265, part.]
30.04.030
30.04.045 Director—Powers under chapter 19.144
RCW. The director or the director’s designee may take such
action as provided for in this title to enforce, investigate, or
examine persons covered by chapter 19.144 RCW. [2008 c
108 § 15.]
30.04.045
(2008 Ed.)
30.04.060
Findings—2008 c 108: See RCW 19.144.005.
30.04.050 Violations—Penalty. Every bank and trust
company and their officers, employees, and agents shall comply with the rules and regulations. The violation of any rule or
regulation in addition to any other penalty provided in this
title, shall subject the offender to a penalty of one hundred
dollars for each offense, to be recovered by the attorney general in a civil action in the name of the state. Each day’s continuance of the violation shall be a separate and distinct
offense. [1955 c 33 § 30.04.050. Prior: 1917 c 80 § 58, part;
RRS § 3265, part.]
30.04.050
30.04.060 Examinations directed—Cooperative
agreements and actions. (1) The director, assistant director,
or an examiner shall visit each bank and each trust company
at least once every eighteen months, and oftener if necessary,
for the purpose of making a full investigation into the condition of such corporation, and for that purpose they are hereby
empowered to administer oaths and to examine under oath
any director, officer, employee, or agent of such corporation.
The director may make such other full or partial examinations as deemed necessary and may examine any bank holding company that owns any portion of a bank or trust company chartered by the state of Washington and obtain reports
of condition for any bank holding company that owns any
portion of a bank or trust company chartered by the state of
Washington. The director may visit and examine into the
affairs of any nonpublicly held corporation in which the
bank, trust company, or bank holding company has an investment or any publicly held corporation the capital stock of
which is controlled by the bank, trust company, or bank holding company; may appraise and revalue such corporations’
investments and securities; and shall have full access to all
the books, records, papers, securities, correspondence, bank
accounts, and other papers of such corporations for such purposes. The director may, in his or her discretion, accept in
lieu of the examinations required in this section the examinations conducted at the direction of the federal reserve board
or the Federal Deposit Insurance Corporation. Any willful
false swearing in any examination is perjury in the second
degree.
(2) The director may enter into cooperative and reciprocal agreements with the bank regulatory authorities of the
United States, any state, the District of Columbia, or any trust
territory of the United States for the periodic examination of
domestic bank holding companies owning banking institutions in other states, the District of Columbia, or trust territories, and subsidiaries of such domestic bank holding companies, or of out-of-state bank holding companies owning a
bank or trust company the principal operations of which are
conducted in this state. The director may accept reports of
examination and other records from such authorities in lieu of
conducting his or her own examinations. The director may
enter into joint actions with other regulatory bodies having
concurrent jurisdiction or may enter into such actions independently to carry out his or her responsibilities under this
title and assure compliance with the laws of this state. [1994
c 92 § 9; 1989 c 180 § 1; 1985 c 305 § 3; 1983 c 157 § 3; 1982
c 196 § 6; 1955 c 33 § 30.04.060. Prior: 1937 c 48 § 1; 1919
c 209 § 5; 1917 c 80 § 7; RRS § 3214.]
30.04.060
[Title 30 RCW—page 3]
30.04.070
Title 30 RCW: Banks and Trust Companies
Severability—1983 c 157: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1983 c 157 § 12.]
Severability—1982 c 196: See note following RCW 30.04.550.
Director of financial institutions: Chapter 43.320 RCW.
30.04.070 Cost of examination. The director shall collect from each bank, mutual savings bank, trust company or
industrial loan company for each examination of its condition
the estimated actual cost of such examination. [1994 c 92 §
10; 1955 c 33 § 30.04.070. Prior: 1929 c 73 § 1; 1923 c 172
§ 16; 1921 c 73 § 1; 1917 c 80 § 8; RRS § 3215.]
30.04.070
30.04.075 Examination reports and information—
Confidentiality—Disclosure—Penalty. (1) All examination reports and all information obtained by the director and
the director’s staff in conducting examinations of banks, trust
companies, or alien banks, and information obtained by the
director and the director’s staff from other state or federal
bank regulatory authorities with whom the director has
entered into agreements pursuant to RCW 30.04.060(2), and
information obtained by the director and the director’s staff
relating to examination and supervision of bank holding companies owning a bank in this state or subsidiaries of such
holding companies, is confidential and privileged information and shall not be made public or otherwise disclosed to
any person, firm, corporation, agency, association, governmental body, or other entity.
(2) Subsection (1) of this section notwithstanding, the
director may furnish all or any part of examination reports
prepared by the director’s office to:
(a) Federal agencies empowered to examine state banks,
trust companies, or alien banks;
(b) Bank regulatory authorities with whom the director
has entered into agreements pursuant to RCW 30.04.060(2),
and other bank regulatory authorities who are the primary
regulatory authority or insurer of accounts for a bank holding
company owning a bank, trust company, or national banking
association the principal operations of which are conducted
in this state or a subsidiary of such holding company; provided that the director shall first find that the reports of examination to be furnished shall receive protection from disclosure comparable to that accorded by this section;
(c) Officials empowered to investigate criminal charges
subject to legal process, valid search warrant, or subpoena. If
the director furnishes any examination report to officials
empowered to investigate criminal charges, the director may
only furnish that part of the report which is necessary and
pertinent to the investigation, and the director may do this
only after notifying the affected bank, trust company, or alien
bank and any customer of the bank, trust company, or alien
bank who is named in that part of the examination or report
ordered to be furnished unless the officials requesting the
report first obtain a waiver of the notice requirement from a
court of competent jurisdiction for good cause;
(d) The examined bank, trust company, or alien bank, or
holding company thereof;
(e) The attorney general in his or her role as legal advisor
to the director;
30.04.075
[Title 30 RCW—page 4]
(f) Liquidating agents of a distressed bank, trust company, or alien bank;
(g) A person or organization officially connected with
the bank as officer, director, attorney, auditor, or independent
attorney or independent auditor;
(h) The Washington public deposit protection commission as provided by RCW 39.58.105.
(3) All examination reports furnished under subsections
(2) and (4) of this section shall remain the property of the
department of financial institutions, and be confidential and
no person, agency, or authority to whom reports are furnished
or any officer, director, or employee thereof shall disclose or
make public any of the reports or any information contained
therein except in published statistical material that does not
disclose the affairs of any individual or corporation: PROVIDED, That nothing herein shall prevent the use in a criminal prosecution of reports furnished under subsection (2) of
this section.
(4) The examination report made by the department of
financial institutions is designed for use in the supervision of
the bank, trust company, or alien bank. The report shall
remain the property of the director and will be furnished to
the bank, trust company, or alien bank solely for its confidential use. Under no circumstances shall the bank, trust company, or alien bank or any of its directors, officers, or
employees disclose or make public in any manner the report
or any portion thereof, to any person or organization not connected with the bank as officer, director, employee, attorney,
auditor, or candidate for executive office with the bank. The
bank may also, after execution of an agreement not to disclose information in the report, disclose the report or relevant
portions thereof to a party proposing to acquire or merge with
the bank.
(5) Examination reports and information obtained by the
director and the director’s staff in conducting examinations,
or obtained from other state and federal bank regulatory
authorities with whom the director has entered into agreements pursuant to RCW 30.04.060(2), or relating to examination and supervision of bank holding companies owning a
bank, trust company, or national banking association the
principal operations of which are conducted in this state or a
subsidiary of such holding company, or information obtained
as a result of applications or investigations pursuant to RCW
30.04.230, shall not be subject to public disclosure under
chapter 42.56 RCW.
(6) In any civil action in which the reports are sought to
be discovered or used as evidence, any party may, upon
notice to the director, petition the court for an in camera
review of the report. The court may permit discovery and
introduction of only those portions of the report which are
relevant and otherwise unobtainable by the requesting party.
This subsection shall not apply to an action brought or
defended by the director.
(7) This section shall not apply to investigation reports
prepared by the director and the director’s staff concerning an
application for a new bank or trust company or an application
for a branch of a bank, trust company, or alien bank: PROVIDED, That the director may adopt rules making confidential portions of the reports if in the director’s opinion the public disclosure of the portions of the report would impair the
(2008 Ed.)
General Provisions
ability to obtain the information which the director considers
necessary to fully evaluate the application.
(8) Every person who violates any provision of this section shall be guilty of a gross misdemeanor. [2005 c 274 §
251; 1994 c 92 § 11; 1989 c 180 § 2; 1986 c 279 § 2; 1977
ex.s. c 245 § 1.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Severability—1977 ex.s. c 245: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1977 ex.s. c 245 § 6.]
Examination reports and information from financial institutions exempt:
RCW 42.56.400.
30.04.111 Limit on loans and extensions of credit to
one person—Exceptions. The total loans and extensions of
credit by a bank or trust company to a person outstanding at
any one time shall not exceed twenty percent of the capital
and surplus of such bank or trust company. The following
loans and extensions of credit shall not be subject to this limitation:
(1) Loans or extensions of credit arising from the discount of commercial or business paper evidencing an obligation to the person negotiating it with recourse;
(2) Loans or extensions of credit secured by bonds,
notes, certificates of indebtedness, or treasury bills of the
United States or by other such obligations wholly guaranteed
as to principal and interest by the United States;
(3) Loans or extensions of credit to or secured by unconditional takeout commitments or guarantees of any department, agency, bureau, board, commission, or establishment
of the United States or any corporation wholly owned
directly or indirectly by the United States;
(4) Loans or extensions of credit fully secured by a segregated deposit account or accounts in the lending bank;
(5) Loans or extensions of credit secured by collateral
having a readily ascertained market value of at least one hundred fifteen percent of the outstanding amount of the loan or
extension of credit;
(6) Loans or extensions of credit secured by bills of lading, warehouse receipts, or similar documents transferring or
securing title to readily marketable staples shall be subject to
a limitation of thirty-five percent of capital and surplus in
addition to the general limitations, if the market value of the
staples securing each additional loan or extension of credit at
all times equals or exceeds one hundred fifteen percent of the
outstanding amount of the loan or extension of credit. The
staples shall be fully covered by insurance whenever it is customary to insure the staples;
(7) The purchase of bankers’ acceptances of the kind
described in section 13 of the federal reserve act and issued
by other banks shall not be subject to any limitation based on
capital and surplus;
(8) The unpaid purchase price of a sale of bank property,
if secured by such property.
For the purposes of this section "capital" shall include
the amount of common stock outstanding and unimpaired,
the amount of preferred stock outstanding and unimpaired,
and capital notes or debentures issued pursuant to chapter
30.36 RCW.
30.04.111
(2008 Ed.)
30.04.120
For the purposes of this section "surplus" shall include
capital surplus, reflecting the amounts paid in excess of the
par or stated value of capital stock, or amounts contributed to
the bank other than for capital stock, and undivided profits.
The term "person" shall include an individual, sole proprietor, partnership, joint venture, association, trust, estate,
business trust, corporation, sovereign government or agency,
instrumentality, or political subdivision thereof, or any similar entity or organization.
The director may prescribe rules to administer and carry
out the purposes of this section, including without limitation
rules to define or further define terms used in this section and
to establish limits or requirements other than those specified
in this section for particular classes or categories of loans or
extensions of credit, and to determine when a loan putatively
made to a person shall, for purposes of this section, be attributed to another person. In adopting the rules, the director
shall be guided by rulings of the comptroller of the currency
that govern lending limits applicable to national commercial
banks. [1995 c 344 § 1; 1994 c 92 § 12; 1986 c 279 § 3.]
30.04.112 "Loans or obligations" and "liabilities"
limited for purposes of RCW 30.04.111. Sales of federal
reserve funds with a maturity of one business day or under a
continuing contract are not "loans or obligations" or "liabilities" for the purposes of the loan limits established by RCW
30.04.111. However, sales of federal reserve funds with a
maturity of more than one business day are subject to those
limits.
For the purposes of this section, "sale of federal reserve
funds" means any transaction among depository institutions
involving the disposal of immediately available funds resulting from credits to deposit balances at federal reserve banks
or from credits to new or existing deposit balances due from
a correspondent depository institution. [1989 c 220 § 1; 1983
c 157 § 2.]
30.04.112
Severability—1983 c 157: See note following RCW 30.04.060.
30.04.120 Loans on own stock prohibited—Shares of
other corporations. The shares of stock of every bank and
trust company shall be deemed personal property. No such
corporation shall hereafter make any loan or discount on the
security of its own capital stock, nor be the purchaser or
holder of any such shares, unless such security or purchase
shall be necessary to prevent loss upon a debt previously contracted in good faith; in which case the stocks so purchased or
acquired shall be sold at public or private sale, or otherwise
disposed of, within six months from the time of its purchase
or acquisition. Except as hereinafter provided or otherwise
permitted by law, nothing herein contained shall authorize
the purchase by any such bank or trust company for its own
account of any shares of stock of any corporation, except a
federal reserve bank of which such corporation shall become
a member, and then only to the extent required by such federal reserve bank: PROVIDED, That any bank or trust company may purchase, acquire and hold shares of stock in any
other corporation which shares have been previously pledged
as security to any loan or discount made in good faith and
such purchase shall be necessary to prevent loss upon a debt
previously contracted in good faith and stock so purchased or
30.04.120
[Title 30 RCW—page 5]
30.04.125
Title 30 RCW: Banks and Trust Companies
acquired shall be sold at public or private sale or otherwise
disposed of within two years from the time of its purchase or
acquisition. Any time limit imposed in this section may be
extended by the director upon cause shown. Banks and trust
companies are authorized to make loans on the security of the
capital stock of a bank or trust company other than the lending corporation. [1994 c 92 § 13; 1986 c 279 § 4; 1973 1st
ex.s. c 104 § 1; 1955 c 33 § 30.04.120. Prior: 1943 c 187 § 1;
1933 c 42 § 9; 1929 c 73 § 5; 1917 c 80 § 36; Rem. Supp.
1943 § 3243.]
30.04.125 Investment in corporations—Authorized
businesses. Unless otherwise prohibited by law, any state
bank or trust company may invest in the capital stock of corporations organized to conduct the following businesses:
(1) A safe deposit business: PROVIDED, That the
amount of investment does not exceed fifteen percent of its
capital stock and surplus, without the approval of the director;
(2) A corporation holding the premises of the bank or its
branches: PROVIDED, That without the approval of the
director, the investment of such stock shall not exceed,
together with all loans made to the corporation by the bank, a
sum equal to the amount permitted to be invested in the premises by RCW 30.04.210;
(3) Stock in a small business investment company
licensed and regulated by the United States as authorized by
the small business act, Public Law 85-536, 72 Statutes at
Large 384, in an amount not to exceed five percent of its capital and surplus without the approval of the director;
(4) Capital stock of a banking service corporation or corporations. The total amount that a bank may invest in the
shares of such corporation may not exceed ten percent of its
capital and surplus without the approval of the director. A
bank service corporation may not engage in any activity other
than those permitted by the bank service corporation act, 12
U.S.C. Sec. 1861, et seq., as subsequently amended and in
effect on December 31, 1993. The performance of any service, and any records maintained by any such corporation for
a bank, shall be subject to regulation and examination by the
director and appropriate federal agencies to the same extent
as if the services or records were being performed or maintained by the bank on its own premises;
(5) Capital stock of a federal reserve bank to the extent
required by such federal reserve bank;
(6) A corporation engaging in business activities that
have been determined by the board of governors of the federal reserve system or by the United States congress to be
closely related to the business of banking, as of December 31,
1993;
(7) A governmentally sponsored corporation engaged in
secondary marketing of loans and the stock of which must be
owned in order to participate in its marketing activities;
(8) A corporation in which all of the voting stock is
owned by the bank and that engages exclusively in nondeposit-taking activities that are authorized to be engaged in by
the bank or trust company;
(9) A bank or trust company may purchase for its own
account shares of stock of a bank or a holding company that
owns or controls a bank if the stock of the bank or company
is owned exclusively, except to the extent directly qualifying
30.04.125
[Title 30 RCW—page 6]
shares are required by law, by depository institutions and the
bank or company and all subsidiaries thereof are engaged
exclusively in providing services for other depository institutions and their officers, directors, and employees. In no event
may the total amount of such stock held by a bank or trust
company in any bank or bank holding company exceed at any
time ten percent of its capital stock and paid-in and unimpaired surplus, and in no event may the purchase of such
stock result in a bank or trust company acquiring more than
twenty-five percent of any class of voting securities of such
bank or company. Such a bank or bank holding company
shall be called a "banker’s bank." [1994 c 256 § 33; 1994 c
92 § 14; 1986 c 279 § 5.]
Reviser’s note: This section was amended by 1994 c 92 § 14 and by
1994 c 256 § 33, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.04.127 Formation, incorporation, or investment
in corporations or other entities authorized—Approval—
Exception. (1) A bank or trust company, alone or in conjunction with other entities, may form, incorporate, or invest
in corporations or other entities, whether or not such other
corporation or entity is related to the bank or trust company’s
business. The aggregate amount of funds invested, or used in
the formation of corporations or other entities under this section shall not exceed ten percent of the assets or fifty percent
of the net worth, whichever is less, of the bank or trust company. For purposes of this subsection, "net worth" means the
aggregate of capital, surplus, undivided profits, and all capital
notes and debentures which are subordinate to the interest of
depositors.
(2) A bank or trust company may engage in an activity
permitted under this section only with the prior authorization
of the director. In approving or denying a proposed activity,
the director shall consider the financial and management
strength of the institution, the convenience and needs of the
public, and whether the proposed activity should be conducted through a subsidiary or affiliate of the bank. The
director may not authorize under this section and no bank or
trust company may act as an insurance or travel agent unless
otherwise authorized by state statute. [1994 c 92 § 15; 1987
c 498 § 1.]
30.04.127
30.04.129 Investment in obligations issued or guaranteed by multilateral development bank. Any bank or
trust company may invest in obligations issued or guaranteed
by any multilateral development bank in which the United
States government formally participates. Such investment in
any one multilateral development bank shall not exceed five
percent of the bank’s or trust company’s paid-in capital and
surplus. [1985 c 301 § 2.]
30.04.129
30.04.130 Defaulted debts, judgments to be charged
off—Valuation of assets. Based on examinations directed
pursuant to RCW 30.04.060 or other appropriate information,
all assets or portion thereof that the director may have
required a bank or trust company to charge off shall be
charged off. No bank or trust company shall enter or at any
time carry on its books any of its assets or liabilities at a val30.04.130
(2008 Ed.)
General Provisions
uation contrary to generally accepted accounting principles.
[1994 c 256 § 34; 1994 c 92 § 16; 1986 c 279 § 6; 1955 c 33
§ 30.04.130. Prior: 1937 c 61 § 1; 1919 c 209 § 15; 1917 c 80
§ 47; RRS § 3254.]
Reviser’s note: This section was amended by 1994 c 92 § 16 and by
1994 c 256 § 34, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.04.140 Pledge of securities or assets prohibited—
Exceptions. No bank or trust company shall pledge or
hypothecate any of its securities or assets to any depositor,
except that it may qualify as depositary for United States
deposits, or other public funds, or funds held in trust and
deposited by any public officer by virtue of his office, or as a
depository for the money of estates under the statutes of the
United States pertaining to bankruptcy or funds deposited by
a trustee or receiver in bankruptcy appointed by any court of
the United States or any referee thereof, or funds held by the
United States or the state of Washington, or any officer
thereof in trust, or for funds of corporations owned or controlled by the United States, and may give such security for
such deposits as are required by law or by the officer making
the same; and it may give security to its trust department for
deposits with itself which represent trust funds invested in
savings accounts or which represent fiduciary funds awaiting
investment or distribution. [1986 c 279 § 7; 1983 c 157 § 6;
1967 c 133 § 2; 1955 c 33 § 30.04.140. Prior: 1933 c 42 § 24,
part; 1917 c 80 § 54, part; RRS § 3261, part.]
30.04.140
Severability—1983 c 157: See note following RCW 30.04.060.
30.04.180 Dividends. No bank or trust company shall
declare or pay any dividend to an amount greater than its
retained earnings, without approval from the director. The
director shall in his or her discretion have the power to
require any bank or trust company to suspend the payment of
any and all dividends until all requirements that may have
been made by the director shall have been complied with; and
upon such notice to suspend dividends no bank or trust company shall thereafter declare or pay any dividends until such
notice has been rescinded in writing. A dividend is payable in
cash, property, or capital stock, but the restrictions on the
payment of a dividend (other than restrictions imposed by the
director pursuant to his or her authority to require the suspension of the payment of any or all dividends) do not apply to a
dividend payable by the bank or trust company solely in its
own capital stock. For purposes of this section, "retained
earnings" shall be determined by generally accepted accounting principles. [1994 c 256 § 35; 1994 c 92 § 17; 1986 c 279
§ 8; 1981 c 89 § 1; 1969 c 136 § 2; 1955 c 33 § 30.04.180.
Prior: 1933 c 42 § 7; 1931 c 11 § 1; 1917 c 80 § 33; RRS §
3240.]
30.04.180
Reviser’s note: This section was amended by 1994 c 92 § 17 and by
1994 c 256 § 35, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1981 c 89: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1981 c 89 § 8.]
(2008 Ed.)
30.04.212
30.04.210 Real estate holdings. A bank or trust company may purchase, hold, and convey real estate for the following purposes:
(1) Such as shall be necessary for the convenient transaction of its business, including with its banking offices other
space in the same building to rent as a source of income:
PROVIDED, That any bank or trust company shall not invest
for such purposes more than the greater of: (a) Fifty percent
of its capital, surplus, and undivided profits; or (b) one hundred twenty-five percent of its capital stock without the
approval of the director.
(2) Such as shall be purchased or conveyed to it in satisfaction, or on account of, debts previously contracted in the
course of its business.
(3) Such as it shall purchase at sale under judgments,
decrees, liens, or mortgage foreclosures, from debts owed to
it.
(4) Such as a trust company receives in trust or acquires
pursuant to the terms or authority of any trust.
(5) Such as it may take title to or for the purpose of
investing in real estate conditional sales contracts.
(6) Such as shall be purchased, held, or conveyed in
accordance with RCW 30.04.212 granting banks the power to
invest directly or indirectly in unimproved or improved real
estate. [1994 c 256 § 36; 1994 c 92 § 18; 1986 c 279 § 9;
1985 c 329 § 4; 1979 c 142 § 1; 1973 1st ex.s. c 104 § 2; 1955
c 33 § 30.04.210. Prior: 1947 c 149 § 1; 1917 c 80 § 37; Rem.
Supp. 1947 § 3244.]
30.04.210
Reviser’s note: This section was amended by 1994 c 92 § 18 and by
1994 c 256 § 36, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
Legislative intent—1985 c 329: See note following RCW 30.60.010.
Severability—Effective date—1985 c 329: See RCW 30.60.900 and
30.60.901.
Adoption of rules: RCW 30.60.030.
30.04.212 Real property and improvements thereon.
(1) In addition to the powers granted under RCW 30.04.210
and subject to the limitations and restrictions contained in
this section and in RCW 30.60.010 and 30.60.020, a bank:
(a) May acquire any interest in unimproved or improved
real property;
(b) May construct, alter, and manage improvements of
any description on real estate in which it holds a substantial
equity interest.
(2) The powers granted under subsection (1) of this section do not include, and a bank may not:
(a) Manage any real property in which the bank does not
own a substantial equity interest;
(b) Engage in activities of selling, leasing, or otherwise
dealing in real property as an agent or broker; or
(c) Acquire any equity interest in any one to four-family
dwelling that is used as a principal residence by the owner of
the dwelling; however, this shall not prohibit a bank from
making loans secured by such dwelling where all or part of
the bank’s anticipated compensation results from the appreciation and sale of such dwelling.
(3) The aggregate amount of funds invested under this
section shall not exceed two percent of a bank’s capital, sur30.04.212
[Title 30 RCW—page 7]
30.04.214
Title 30 RCW: Banks and Trust Companies
plus, and undivided profits. Such percentage amount shall be
increased based upon the most recent community reinvestment rating assigned to a bank by the director in accordance
with RCW 30.60.010, as follows:
(a) Excellent performance: Increase to 10%
(b) Good performance: Increase to 8%
(c) Satisfactory performance: Increase to 6%
(d) Inadequate performance: Increase to 3%
(e) Poor performance: No increase
(4) For purposes of this section only, each bank will be
deemed to have been assigned a community reinvestment rating of "1" for the period beginning with January 1, 1986, and
ending December 31, 1986. Thereafter, each bank will be
assigned an annual rating in accordance with RCW
30.60.010, which rating shall remain in effect for the next
succeeding year and until the director has conducted a new
investigation and assigned a new rating for the next succeeding year, the process repeating on an annual basis.
(5) No bank may at any time be required to dispose of
any investment made in accordance with this section due to
the fact that the bank is not then authorized to acquire such
investment, if such investment was lawfully acquired by the
bank at the time of acquisition.
(6) The director shall limit the amount that may be
invested in a single project or investment and may adopt any
rule necessary to the safe and sound exercise of powers
granted by this section. [1994 c 92 § 19; 1985 c 329 § 5.]
Legislative intent—1985 c 329: See note following RCW 30.60.010.
Severability—Effective date—1985 c 329: See RCW 30.60.900 and
30.60.901.
Adoption of rules: RCW 30.60.030.
30.04.214 Qualifying community investments. (1) An
amount equal to ten percent of the aggregate amount invested
in real estate in accordance with RCW 30.04.212 shall be
placed in qualifying community investments as defined in
subsection (2) of this section.
(2) "Qualifying community investment" means any
direct or indirect investment or extension of credit made by a
bank in projects or programs designed to develop or redevelop areas in which persons with low or moderate incomes
reside, designed to meet the credit needs of such low or moderate-income areas, or that primarily benefits low and moderate-income residents of such areas. The term includes, but is
not limited to, any of the following within the state of Washington:
(a) Investments in governmentally insured, guaranteed,
subsidized, or otherwise sponsored programs for housing,
small farms, or businesses that address the needs of the low
and moderate-income areas.
(b) Investments in residential mortgage loans, home
improvements loans, housing rehabilitation loans, and small
business or small farm loans originated in low and moderateincome areas, or the purchase of such loans originated in low
and moderate-income areas.
(c) Investments for the preservation or revitalization of
urban or rural communities in low and moderate-income
areas.
The term does not include personal installment loans,
loans made to purchase, or loans secured by an automobile.
30.04.214
[Title 30 RCW—page 8]
(3) A qualifying community investment made by an
entity that wholly owns a bank, is wholly owned by a bank, or
is wholly owned by an entity that wholly owns the bank is
deemed to have been made by a bank to satisfy the requirements of subsection (1) of this section. [1985 c 329 § 6.]
Legislative intent—1985 c 329: See note following RCW 30.60.010.
Severability—Effective date—1985 c 329: See RCW 30.60.900 and
30.60.901.
Adoption of rules: RCW 30.60.030.
30.04.215 Engaging in other business activities. (1)
Notwithstanding any other provisions of law, in addition to
all powers enumerated by this title, and those necessarily
implied therefrom, a bank or trust company may engage in
other business activities that have been determined by the
board of governors of the federal reserve system or by the
United States Congress to be closely related to the business of
banking, as of July 27, 2003.
(2) A bank or trust company that desires to perform an
activity that is not expressly authorized by subsection (1) of
this section shall first apply to the director for authorization to
conduct such activity. Within thirty days of the receipt of this
application, the director shall determine whether the activity
is closely related to the business of banking, whether the public convenience and advantage will be promoted, whether the
activity is apt to create an unsafe or unsound practice by the
bank or trust company and whether the applicant is capable of
performing such an activity. If the director finds the activity
to be closely related to the business of banking and the bank
or trust company is otherwise qualified, he or she shall immediately inform the applicant that the activity is authorized. If
the director determines that such activity is not closely
related to the business of banking or that the bank or trust
company is not otherwise qualified, he or she shall promptly
inform the applicant in writing. The applicant shall have the
right to appeal from an unfavorable determination in accordance with the procedures of the Administrative Procedure
Act, chapter 34.05 RCW. In determining whether a particular activity is closely related to the business of banking, the
director shall be guided by the rulings of the board of governors of the federal reserve system and the comptroller of the
currency in making determinations in connection with the
powers exercisable by bank holding companies, and the
activities performed by other commercial banks or their holding companies.
(3) Notwithstanding any restrictions, limitations, and
requirements of law, in addition to all powers, express or
implied, that a bank or trust company has under the laws of
this state, a bank or trust company shall have the powers and
authorities conferred as of August 31, 1994, or a subsequent
date not later than July 27, 2003, upon a federally chartered
bank doing business in this state. A bank or trust company
may exercise the powers and authorities conferred on a federally chartered bank after July 27, 2003, only if the director
finds that the exercise of such powers and authorities:
(a) Serves the convenience and advantage of depositors,
borrowers, or the general public; and
(b) Maintains the fairness of competition and parity
between state-chartered banks or trust companies and federally chartered banks.
30.04.215
(2008 Ed.)
General Provisions
As used in this section, "powers and authorities" include
without limitation powers and authorities in corporate governance and operational matters.
The restrictions, limitations, and requirements applicable to specific powers or authorities of federally chartered
banks shall apply to banks or trust companies exercising
those powers or authorities permitted under this subsection
but only insofar as the restrictions, limitations, and requirements relate to exercising the powers or authorities granted
banks or trust companies solely under this subsection.
(4) Any activity which may be performed by a bank or
trust company, except the taking of deposits, may be performed by (a) a corporation or (b) another entity approved by
the director, which in either case is owned in whole or in part
by the bank or trust company. [2003 c 24 § 2. Prior: 1995 c
344 § 2; 1995 c 134 § 2; prior: 1994 c 256 § 37; 1994 c 92 §
20; 1986 c 279 § 10; 1983 c 157 § 8; 1969 c 136 § 7.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1983 c 157: See note following RCW 30.04.060.
30.04.217 Additional powers—Powers and authorities of mutual savings bank—Restrictions. Notwithstanding any other provisions of law, in addition to all powers,
express or implied, that a bank or trust company has under the
laws of this state, a bank or trust company shall have the powers and authorities conferred upon a mutual savings bank
under Title 32 RCW, only if:
(1) The bank or trust company notifies the director at
least thirty days prior to the exercise of such power or authority by the bank or trust company, unless the director waives
or modifies this requirement for notice as to the exercise of a
power, authority, or category of powers or authorities by the
bank or trust company;
(2) The director finds that the exercise of such powers
and authorities by the bank or by the trust company serves the
convenience and advantage of depositors, borrowers, or the
general public; and
(3) The director finds that the exercise of such powers
and authorities by the bank or by the trust company maintains
the fairness of competition and parity between banks or trust
companies and mutual savings banks.
As used in this section, "powers and authorities" include
without limitation powers and authorities in corporate governance and operational matters.
The restrictions, limitations, and requirements applicable to specific powers or authorities of mutual savings banks
shall apply to banks or trust companies exercising those powers or authorities permitted under this section but only insofar
as the restrictions, limitations, and requirements relate to
exercising the powers or authorities granted banks or trust
companies solely under this section. [2003 c 24 § 1.]
30.04.230
name and the amount of its capital stock, the number or
length of terms of its directors or the form of its articles of
incorporation do not comply with the requirements of this
title: PROVIDED,
(1) That any such bank, which was by the director lawfully permitted to operate, although its capital stock was not
fully paid in, shall pay in the balance of its capital stock at
such times and in such amounts as the director may require;
(2) That, except with written permission of the director,
any bank or trust company which shall amend its articles of
incorporation must in such event comply with all the requirements of this title. [1994 c 92 § 21; 1955 c 33 § 30.04.220.
Prior: 1937 c 31 § 1; 1917 c 80 § 78; RRS § 3285.]
30.04.225 Contributions and gifts. In the absence of
an express prohibition in its articles of incorporation, the
making of contributions or gifts for the public welfare, or for
charitable, scientific, or educational purposes by a state bank
or trust company is within its powers and shall be deemed to
inure to the benefit of the bank. [1986 c 279 § 11.]
30.04.225
30.04.217
30.04.220 Corporations existing under former laws.
Every corporation, which on March 10, 1917, was actually
and publicly engaged in banking or trust business in this state
in full compliance with the laws hereof, which were in force
immediately prior to March 10, 1917, may, if it otherwise
complies with the provisions of this title, continue its said
business, subject to the terms and regulations hereof and
without amending its articles of incorporation, although its
30.04.220
(2008 Ed.)
30.04.230 Authority of corporation or association to
acquire stock of bank, trust company, or national banking association. (1) A corporation or association organized
under the laws of this state or licensed to transact business in
the state may acquire any or all shares of stock of any bank,
trust company, or national banking association. Nothing in
this section shall be construed to prohibit the merger, consolidation, or reorganization of a bank or trust company in
accordance with this title.
(2) Unless the terms of this section or RCW 30.04.232
are complied with, an out-of-state bank holding company
shall not acquire more than five percent of the shares of the
voting stock or all or substantially all of the assets of a bank,
trust company, or national banking association the principal
operations of which are conducted within this state.
(3) As used in this section a "bank holding company"
means a company that is a bank holding company as defined
by the Bank Holding Company Act of 1956, as amended (12
U.S.C. Sec. 1841 et seq.). An "out-of-state bank holding
company" is a bank holding company that principally conducts its operations outside this state, as measured by total
deposits held or controlled by its bank subsidiaries on the
date on which it became a holding company. A "domestic
bank holding company" is a bank holding company that principally conducts its operations within this state, as measured
by total deposits held or controlled by its bank subsidiaries on
the date on which it became a bank holding company.
(4) Any such acquisition referred to under subsection (2)
of this section by an out-of-state bank holding company
requires the express written approval of the director.
Approval shall not be granted unless and until the following
conditions are met:
(a) An out-of-state bank holding company desiring to
make an acquisition referred to under subsection (2) of this
section and the bank, trust company, national banking association, or domestic bank holding company parent thereof, if
any, proposed to be acquired shall file an application in writing with the director. The director shall by rule establish the
fee schedule to be collected from the applicant in connection
30.04.230
[Title 30 RCW—page 9]
30.04.232
Title 30 RCW: Banks and Trust Companies
with the application. The fee shall not exceed the cost of processing the application. The application shall contain such
information as the director may prescribe by rule as necessary
or appropriate for the purpose of making a determination
under this section. The application and supporting information and all examination reports and information obtained by
the director and the director’s staff in conducting its investigation shall be confidential and privileged and not subject to
public disclosure under chapter 42.56 RCW. The application
and information may be disclosed to federal bank regulatory
agencies and to officials empowered to investigate criminal
charges, subject to legal process, valid search warrant, or subpoena. In any civil action in which such application or information is sought to be discovered or used as evidence, any
party may, upon notice to the director and other parties, petition for an in camera review. The court may permit discovery
and introduction of only those portions that are relevant and
otherwise unobtainable by the requesting party. The application and information shall be discoverable in any judicial
action challenging the approval of an acquisition by the
director as arbitrary and capricious or unlawful.
(b) The director shall find that:
(i) The bank, trust company, or national banking association that is proposed to be acquired or the domestic bank
holding company controlling such bank, trust company, or
national banking association is in such a liquidity or financial
condition as to be in danger of closing, failing, or insolvency.
In making any such determination the director shall be
guided by the criteria developed by the federal regulatory
agencies with respect to emergency acquisitions under the
provisions of 12 U.S.C. Sec. 1828(c);
(ii) There is no state bank, trust company, or national
banking association doing business in the state of Washington or domestic bank holding company with sufficient
resources willing to acquire the entire bank, trust company,
or national banking association on at least as favorable terms
as the out-of-state bank holding company is willing to
acquire it;
(iii) The applicant out-of-state bank holding company
has provided all information and documents requested by the
director in relation to the application; and
(iv) The applicant out-of-state bank holding company
has demonstrated an acceptable record of meeting the credit
needs of its entire community, including low and moderate
income neighborhoods, consistent with the safe and sound
operation of such institution.
(c) The director shall consider:
(i) The financial institution structure of this state; and
(ii) The convenience and needs of the public of this state.
(5) Nothing in this section may be construed to prohibit,
limit, restrict, or subject to further regulation the ownership
by a bank of the stock of a bank service corporation or a
banker’s bank. [2005 c 274 § 252; 1994 c 92 § 22; 1987 c
420 § 2. Prior: 1985 c 310 § 2; 1985 c 305 § 4; 1983 c 157 §
9; 1982 c 196 § 7; 1981 c 89 § 2; 1973 1st ex.s. c 92 § 1; 1961
c 69 § 1; 1955 c 33 § 30.04.230; prior: 1933 c 42 § 10; RRS
§ 3243-1.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Construction—Effective date—1985 c 310: See notes following
RCW 30.04.232.
[Title 30 RCW—page 10]
Severability—1983 c 157: See note following RCW 30.04.060.
Severability—1982 c 196: See note following RCW 30.04.550.
Severability—1981 c 89: See note following RCW 30.04.180.
30.04.232 Additional authority of out-of-state holding company to acquire stock or assets of bank, trust company, or national banking association. (1) In addition to an
acquisition pursuant to RCW 30.04.230, an out-of-state bank
holding company may acquire more than five percent of the
voting stock or all or substantially all of the assets of a bank,
trust company, or national banking association, the principal
operations of which are conducted within this state, if the
bank, trust company, or national banking association or its
predecessor, the voting stock of which is to be acquired, shall
have been conducting business for a period of not less than
five years.
(2) The director, consistent with 12 U.S.C. Sec.
1842(d)(2)(D), may approve an acquisition if the standard on
which the approval is based does not discriminate against
out-of-state banks, out-of-state bank holding companies, or
subsidiaries of those banks or holding companies.
(3) As used in this section, the terms "bank holding company," "domestic bank holding company," and "out-of-state
bank holding company" shall have the meanings provided in
RCW 30.04.230. [1996 c 2 § 3; 1994 c 92 § 23; 1985 c 310
§ 1.]
30.04.232
Severability—1996 c 2: See RCW 30.38.900.
Construction—1985 c 310: "Nothing in this act shall be deemed to
expand or limit the power of a bank holding company or bank to engage in
the insurance business." [1985 c 310 § 3.]
Effective date—1985 c 310: "This act shall take effect July 1, 1987."
[1985 c 310 § 4.]
30.04.238 Purchase of own capital stock authorized.
(1) Notwithstanding any other provision of this title, a bank,
with the prior approval of the director, may purchase shares
of its own capital stock.
(2) When a bank purchases such shares, its capital
accounts shall be reduced appropriately. The shares shall be
held as authorized but unissued shares. [1994 c 92 § 24; 1986
c 279 § 12; 1985 c 305 § 1.]
30.04.238
30.04.240 Trust business to be kept separate—
Authorized deposit of securities. (1) Every corporation
doing a trust business shall maintain in its office a trust
department in which it shall keep books and accounts of its
trust business, separate and apart from its other business.
Such books and accounts shall specify the cash, securities
and other properties, real and personal, held in each trust, and
such securities and properties shall be at all times segregated
from all other securities and properties except as otherwise
provided in this section.
(2) Any person connected with a bank or trust company
who shall, contrary to this section or any other provision of
law, commingle any funds or securities of any kind held by
such corporation in trust, for safekeeping or as agent for
another, with the funds or assets of the corporation is guilty of
a class B felony punishable according to chapter 9A.20
RCW.
(3) Notwithstanding any other provisions of law, any
fiduciary holding securities in its fiduciary capacity or any
30.04.240
(2008 Ed.)
General Provisions
state bank, national bank, or trust company holding securities
as fiduciary or as custodian for a fiduciary is authorized to
deposit or arrange for the deposit of such securities: (a) In a
clearing corporation (as defined in Article 8 of the Uniform
Commercial Code, chapter 62A.8 RCW); (b) within another
state bank, national bank, or trust company having trust
power whether located inside or outside of this state; or (c)
within itself. When such securities are so deposited, certificates representing securities of the same class of the same
issuer may be merged and held in bulk in the name of the
nominee of such clearing corporation or state bank, national
bank, or trust company holding the securities as the depository, with any other such securities deposited in such clearing
corporation or depository by any person, regardless of the
ownership of such securities, and certificates of small denomination may be merged into one or more certificates of larger
denomination. The records of such fiduciary and the records
of such state bank, national bank, or trust company as a fiduciary or as custodian for a fiduciary shall at all times show the
name of the party for whose account the securities are so
deposited. Ownership of, and other interests in, such securities may be transferred by bookkeeping entries on the books
of such clearing corporation, state bank, national bank, or
trust company without physical delivery or alteration of certificates representing such securities. A state bank, national
bank, or trust company so depositing securities pursuant to
this section shall be subject to such rules and regulations as,
in the case of state chartered banks and trust companies, the
director and, in the case of national banking associations, the
comptroller of the currency may from time to time issue. A
state bank, national bank, or trust company acting as custodian for a fiduciary shall, on demand by the fiduciary, certify
in writing to the fiduciary the securities so deposited by such
state bank, national bank, or trust company in such clearing
corporation or state bank, national bank, or trust company
acting as such depository for the account of such fiduciary. A
fiduciary shall, on demand by any party to a judicial proceeding for the settlement of such fiduciary’s account or on
demand by the attorney for such party, certify in writing to
such party the securities deposited by such fiduciary in such
clearing corporation or state bank, national bank, or trust
company acting as such depository for its account as such
fiduciary.
This subsection shall apply to any fiduciary holding
securities in its fiduciary capacity, and to any state bank,
national bank, or trust company holding securities as a custodian, managing agent, or custodian for a fiduciary, acting on
March 14, 1973 or who thereafter may act regardless of the
date of the agreement, instrument, or court order by which it
is appointed and regardless of whether or not such fiduciary,
custodian, managing agent, or custodian for a fiduciary owns
capital stock of such clearing corporation. [2003 c 53 § 184;
1994 c 92 § 25; 1979 c 45 § 1; 1973 c 99 § 1; 1955 c 33 §
30.04.240. Prior: 1919 c 209 § 16; 1917 c 80 § 49; RRS §
3256.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
30.04.260 Legal services, advertising of—Penalty.
(1) No trust company or other corporation which advertises
that it will furnish legal advice, construct or prepare wills, or
30.04.260
(2008 Ed.)
30.04.285
do other legal work for its customers, shall be permitted to act
as executor, administrator, or guardian; and any trust company or other corporation whose officers or agents shall
solicit legal business shall be ineligible for a period of one
year thereafter to be appointed executor, administrator or
guardian in any of the courts of this state.
(2) Any trust company or other corporation which advertises that it will furnish legal advice, construct or prepare
wills, or do other legal work for its customers, and any
officer, agent, or employee of any trust company or corporation who shall solicit legal business is guilty of a gross misdemeanor. [2003 c 53 § 185; 1974 ex.s. c 117 § 43; 1955 c 33
§ 30.04.260. Prior: 1929 c 72 § 4, part; 1923 c 115 § 6, part;
1921 c 94 § 1, part; 1917 c 80 § 24, part; RRS § 3231, part.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Application, construction—Severability—Effective date—1974
ex.s. c 117: See RCW 11.02.080 and notes following.
30.04.280 Compliance enjoined—Banking, trust
business, branches. No person shall engage in banking
except in compliance with and subject to the provisions of
this title, unless it is a national bank or except insofar as it
may be authorized so to do by the laws of this state relating to
mutual savings banks or savings and loan associations. A corporation shall not engage in a trust business except in compliance with and subject to the provisions of this title. A bank
shall not engage in a trust business except as authorized under
this title. A bank or trust company shall not establish any
branch except in accordance with the provisions of this title.
Except as authorized by federal law or by another law of this
state, a trust company incorporated under the laws of another
state, a national trust company or national bank the main
office of which is located in such other state, or a federal savings bank the home office of which is located in such other
state, shall not be permitted to engage in a trust business in
this state on more favorable terms and conditions than the
terms and conditions on which trust companies incorporated
under this chapter and mutual savings banks engaged in trust
business under RCW 32.08.140, 32.08.142, 32.08.210, and
32.08.215 are permitted to engage in trust business in such
other state. [1998 c 45 § 1; 1996 c 2 § 4; 1955 c 33 §
30.04.280. Prior: 1933 c 42 § 3, part; 1919 c 209 § 7, part;
1917 c 80 § 15, part; RRS § 3222, part.]
30.04.280
Severability—1996 c 2: See RCW 30.38.900.
30.04.285 Director’s approval of a branch—Satisfactory financial condition—Affiliated commercial locations. (1) The director’s approval of a branch within the
United States or any territory of the United States or in any
foreign country shall be conditioned on a finding by the
director that the bank has a satisfactory record of compliance
with applicable laws and has a satisfactory financial condition. A bank chartered under this title may exercise any powers and authorities at any branch outside Washington that are
permissible for a bank operating in that state where the
branch is located, except to the extent those activities are
expressly prohibited by the laws of this state or by any rule or
order of the director applicable to the state bank. However,
the director may waive any limitation in writing with respect
30.04.285
[Title 30 RCW—page 11]
30.04.295
Title 30 RCW: Banks and Trust Companies
to powers and authorities that the director determines do not
threaten the safety or soundness of the state bank.
(2) An out-of-state bank may acquire, establish, or maintain a branch in Washington within one mile of an affiliate
commercial location only to the same extent permitted for a
Washington bank under applicable state and federal law. For
purposes of this subsection, "bank" means any national bank,
state bank, and district bank, as defined in 12 U.S.C. Sec.
1813(a); "out-of-state bank" means a bank whose home state
is a state other than Washington; and "Washington bank"
means a bank whose home state is Washington. "Home
state" has the same meaning as defined in RCW 30.38.005.
[2007 c 167 § 1; 1996 c 2 § 6.]
Severability—1996 c 2: See RCW 30.38.900.
30.04.295 Agency agreements—Written notice to
director. On or before the date on which a bank enters into
any agency agreement authorizing another entity, as agent of
the bank, to receive deposits or renew time deposits, the bank
shall give written notice to the director of the existence of that
agency arrangement. The notice is not effective until it has
been delivered to the office of the director. [1996 c 2 § 7.]
30.04.295
Severability—1996 c 2: See RCW 30.38.900.
1; 1985 c 30 § 137. Prior: 1984 c 149 § 173; 1955 c 33 §
30.04.310; prior: 1923 c 115 § 13; RRS § 3286a.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
30.04.330
30.04.330 Saturday closing authorized. Any bank,
which term for the purpose of this section shall include but
not be limited to any state bank, national bank or association,
mutual savings bank, savings and loan association, trust company, federal reserve bank, federal home loan bank, and federal savings and loan association, federal credit union, and
state credit union doing business in this state, may remain
closed on Saturdays and any Saturday on which a bank
remains closed shall be, with respect to such bank, a holiday
and not a business day. Any act, authorized, required or permitted to be performed at or by or with respect to any bank,
as herein defined, on a Saturday, may be performed on the
next succeeding business day, and no liability or loss of rights
of any kind shall result from such closing. [1955 c 33 §
30.04.330. Prior: 1947 c 221 § 1; Rem. Supp. 1947 § 3292a.]
30.04.375
30.04.300 Foreign branch banks. A branch of any foreign bank or banker actually and publicly engaged in banking
in this state on March 10, 1917, in full compliance with the
laws hereof, which were in force immediately prior to March
10, 1917, and which branch has a capital not less in amount
than that required for the organization of a state bank as provided in this title at the time and place when and where such
branch was established, may continue its said business, subject to all of the regulations and supervision provided for
banks. The amount upon which it pays taxes shall be prima
facie evidence of the amount and existence of such capital.
No such bank or banker shall set forth on its or his stationery
or in any manner advertise in this state a greater capital, surplus and undivided profits than are actually maintained at
such branch. Every foreign corporation, bank and banker, and
every officer, agent and employee thereof who violates any
provision of this section or which violates the terms of the
resolution filed as required by *RCW 30.04.290 shall for
each violation forfeit and pay to the state of Washington the
sum of one thousand dollars. A civil action for the recovery
of any such sum may be brought by the attorney general in
the name of the state. [1955 c 33 § 30.04.300. Prior: 1917 c
80 § 41; RRS § 3248.]
30.04.375 Investment in stock, participation certificates, and other evidences of participation. Any bank or
trust company may invest in the stock or participation certificates of production credit associations, federal intermediate
credit banks and the stock or other evidences of participation
of federal land banks in amounts consistent with safe and
sound practice in conducting the business of the trust company or bank. [1982 c 86 § 1.]
*Reviser’s note: RCW 30.04.290 was repealed by 1994 c 256 § 124,
without cognizance of its amendment by 1994 c 92 § 27. It has been decodified for publication purposes pursuant to RCW 1.12.025. RCW 30.04.290
was subsequently repealed by 1997 c 101 § 7.
30.04.390 Acquisition of stock of banks organized
under laws of foreign country, etc. Any bank or trust company may acquire and hold, directly or indirectly, stock or
other evidence of indebtedness or ownership in one or more
banks organized under the law of a foreign country or a
dependency or insular possession of the United States. [1986
c 279 § 14; 1973 1st ex.s. c 104 § 10.]
30.04.300
30.04.310 Penalty—General. Every bank or trust company which violates or fails to comply with any provision of
chapters 30.04 through 30.22, 30.44, and 11.100 RCW or any
lawful direction or requirement of the director shall be subject, in addition to any penalty now provided, to a penalty of
not more than one hundred dollars for each offense, to be
recovered by the attorney general in a civil action in the name
of the state. Each day’s continuance of the violation shall be
a separate and distinct offense. [1994 c 92 § 28; 1988 c 25 §
30.04.310
[Title 30 RCW—page 12]
30.04.380
30.04.380 Investment in paid-in capital stock and
surplus of banks or corporations engaged in international
or foreign banking. Any bank or trust company may invest
an amount not exceeding ten per centum of its paid-in capital
stock and surplus in the stock of one or more banks or corporations chartered under the laws of the United States, or of
any state thereof, and principally engaged in international or
foreign banking, or banking in a dependency or insular possession of the United States, either directly or through the
agency, ownership or control of local institutions in foreign
countries, or in such dependencies or insular possessions.
[1986 c 279 § 13; 1973 1st ex.s. c 104 § 9.]
30.04.390
30.04.395
30.04.395 Continuing authority for investments. Any
investment by a bank other than a loan, if legal and authorized when made, may continue to be held by the bank notwithstanding a change in circumstances or change in the law.
[1986 c 279 § 16.]
(2008 Ed.)
General Provisions
30.04.400 Bank acquisition or control—Definitions.
As used in RCW 30.04.400 through 30.04.410, the following
words shall have the following meanings:
(1) "Control" means directly or indirectly alone or in
concert with others to own, control, or hold the power to vote
twenty-five percent or more of the outstanding stock or voting power of the "controlled" entity;
(2) "Acquiring party" means the person acquiring control
of a bank through the purchase of stock; and
(3) "Person" means any individual, corporation, partnership, association, business trust, or other organization. [1977
ex.s. c 246 § 1.]
30.04.400
30.04.405 Bank acquisition or control—Notice or
application—Registration statement—Violations—Penalties. (1) It is unlawful for any person to acquire control of
a bank until thirty days after filing with the director a copy of
the notice of change of control required to be filed with the
federal deposit insurance corporation or a completed application. The notice or application shall be under oath and contain
substantially all of the following information plus any additional information that the director may prescribe as necessary or appropriate in the particular instance for the protection of bank depositors, borrowers, or shareholders and the
public interest:
(a) The identity, banking and business experience of
each person by whom or on whose behalf acquisition is to be
made;
(b) The financial and managerial resources and future
prospects of each person involved in the acquisition;
(c) The terms and conditions of any proposed acquisition
and the manner in which the acquisition is to be made;
(d) The source and amount of the funds or other consideration used or to be used in making the acquisition, and a
description of the transaction and the names of the parties if
any part of these funds or other consideration has been or is
to be borrowed or otherwise obtained for the purpose of making the acquisition;
(e) Any plan or proposal which any person making the
acquisition may have to liquidate the bank, to sell its assets,
to merge it with any other bank, or to make any other major
change in its business or corporate structure for management;
(f) The identification of any person employed, retained,
or to be compensated by the acquiring party, or by any person
on its behalf, who makes solicitations or recommendations to
shareholders for the purpose of assisting in the acquisition
and a brief description of the terms of the employment,
retainer, or arrangement for compensation; and
(g) Copies of all invitations for tenders or advertisements
making a tender offer to shareholders for the purchase of their
stock to be used in connection with the proposed acquisition.
(2) Notwithstanding any other provision of this section,
a bank or domestic bank holding company as defined in
RCW 30.04.230 need only notify the director of an intent to
acquire control and the date of the proposed acquisition of
control at least thirty days before the date of the acquisition of
control.
(3) When a person, other than an individual or corporation, is required to file an application under this section, the
director may require that the information required by subsection (1)(a), (b), and (f) of this section be given with respect to
30.04.405
(2008 Ed.)
30.04.410
each person, as defined in RCW 30.04.400(3), who has an
interest in or controls a person filing an application under this
subsection.
(4) When a corporation is required to file an application
under this section, the director may require that information
required by subsection (1)(a), (b), and (f) of this section be
given for the corporation, each officer and director of the corporation, and each person who is directly or indirectly the
beneficial owner of twenty-five percent or more of the outstanding voting securities of the corporation.
(5) If any tender offer, request, or invitation for tenders
or other agreements to acquire control is proposed to be made
by means of a registration statement under the Securities Act
of 1933 (48 Stat. 74, 15 U.S.C., Sec. 77(a)), as amended, or in
circumstances requiring the disclosure of similar information
under the Securities Exchange Act of 1934 (48 Stat. 881, 15
U.S.C., Sec. 78(a)), as amended, the registration statement or
application may be filed with the director in lieu of the
requirements of this section.
(6) Any acquiring party shall also deliver a copy of any
notice or application required by this section to the bank proposed to be acquired within two days after the notice or application is filed with the director.
(7) Any acquisition of control in violation of this section
shall be ineffective and void.
(8) Any person who willfully or intentionally violates
this section or any rule adopted pursuant thereto is guilty of a
gross misdemeanor pursuant to chapter 9A.20 RCW. Each
day’s violation shall be considered a separate violation, and
any person shall upon conviction be fined not more than one
thousand dollars for each day the violation continues. [1994
c 92 § 29; 1986 c 279 § 15; 1985 c 305 § 5; 1977 ex.s. c 246
§ 2.]
30.04.410 Bank acquisition or control—Disapproval
by director—Change of officers. (1) The director may disapprove the acquisition of a bank or trust company within
thirty days after the filing of a complete application pursuant
to RCW 30.04.405 or an extended period not exceeding an
additional fifteen days if:
(a) The poor financial condition of any acquiring party
might jeopardize the financial stability of the bank or might
prejudice the interests of the bank depositors, borrowers, or
shareholders;
(b) The plan or proposal of the acquiring party to liquidate the bank, to sell its assets, to merge it with any person, or
to make any other major change in its business or corporate
structure or management is not fair and reasonable to the
bank’s depositors, borrowers, or stockholders or is not in the
public interest;
(c) The banking and business experience and integrity of
any acquiring party who would control the operation of the
bank indicates that approval would not be in the interest of
the bank’s depositors, borrowers, or shareholders;
(d) The information provided by the application is insufficient for the director to make a determination or there has
been insufficient time to verify the information provided and
conduct an examination of the qualification of the acquiring
party; or
(e) The acquisition would not be in the public interest.
30.04.410
[Title 30 RCW—page 13]
30.04.450
Title 30 RCW: Banks and Trust Companies
(2) An acquisition may be made prior to expiration of the
disapproval period if the director issues written notice of
intent not to disapprove the action.
(3) The director shall set forth the basis for disapproval
of any proposed acquisition in writing and shall provide a
copy of such findings and order to the applicants and to the
bank involved. Such findings and order shall not be disclosed to any other party and shall not be subject to public
disclosure under chapter 42.56 RCW unless the findings
and/or order are appealed pursuant to chapter 34.05 RCW.
(4) Whenever such a change in control occurs, each party
to the transaction shall report promptly to the director any
changes or replacement of its chief executive officer, or of
any director, that occurs in the next twelve-month period,
including in its report a statement of the past and present
business and professional affiliations of the new chief executive officer or directors. [2005 c 274 § 253; 1994 c 92 § 30;
1989 c 180 § 3; 1977 ex.s. c 246 § 3.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
30.04.450 Violations or unsafe or unsound practices—Notice of charges—Contents—Hearing—Cease
and desist order. (1) The director may issue and serve upon
a bank or trust company a notice of charges if in the opinion
of the director any bank or trust company:
(a) Is engaging or has engaged in an unsafe or unsound
practice in conducting the business of the bank or trust company;
(b) Is violating or has violated the law, rule, or any condition imposed in writing by the director in connection with
the granting of any application or other request by the bank or
trust company or any written agreement made with the director; or
(c) Is about to do the acts prohibited in (a) or (b) of this
subsection when the opinion that the threat exists is based
upon reasonable cause.
(2) The notice shall contain a statement of the facts constituting the alleged violation or violations or the practice or
practices and shall fix a time and place at which a hearing will
be held to determine whether an order to cease and desist
should issue against the bank or trust company. The hearing
shall be set not earlier than ten days nor later than thirty days
after service of the notice unless a later date is set by the
director at the request of the bank or trust company.
Unless the bank or trust company shall appear at the
hearing by a duly authorized representative it shall be
deemed to have consented to the issuance of the cease and
desist order. In the event of this consent or if upon the record
made at the hearing the director finds that any violation or
practice specified in the notice of charges has been established, the director may issue and serve upon the bank or trust
company an order to cease and desist from the violation or
practice. The order may require the bank or trust company
and its directors, officers, employees, and agents to cease and
desist from the violation or practice and may require the bank
to take affirmative action to correct the conditions resulting
from the violation or practice.
(3) A cease and desist order shall become effective at the
expiration of ten days after the service of the order upon the
bank or trust company concerned except that a cease and
30.04.450
[Title 30 RCW—page 14]
desist order issued upon consent shall become effective at the
time specified in the order and shall remain effective as provided therein unless it is stayed, modified, terminated, or set
aside by action of the director or a reviewing court. [1994 c
92 § 31; 1977 ex.s. c 178 § 1.]
Severability—1977 ex.s. c 178: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 178 § 11.]
30.04.455 Violations or unsafe or unsound practices—Temporary cease and desist order—Issuance.
Whenever the director determines that the acts specified in
RCW 30.04.450 or their continuation is likely to cause insolvency or substantial dissipation of assets or earnings of the
bank or trust company or to otherwise seriously prejudice the
interests of its depositors, the director may also issue a temporary order requiring the bank or trust company to cease and
desist from the violation or practice. The order shall become
effective upon service on the bank or trust company and shall
remain effective unless set aside, limited, or suspended by a
court in proceedings under RCW 30.04.460 pending the completion of the administrative proceedings under the notice
and until such time as the director shall dismiss the charges
specified in the notice or until the effective date of a cease
and desist order issued against the bank or trust company
under RCW 30.04.450. [1994 c 92 § 32; 1977 ex.s. c 178 §
2.]
30.04.455
Severability—1977 ex.s. c 178: See note following RCW 30.04.450.
30.04.460 Violations or unsafe or unsound practices—Injunction to set aside, limit, or suspend temporary order. Within ten days after a bank or trust company
has been served with a temporary cease and desist order, the
bank or trust company may apply to the superior court in the
county of its principal place of business for an injunction setting aside, limiting, or suspending the order pending the completion of the administrative proceedings pursuant to the
notice served under RCW 30.04.455.
The superior court shall have jurisdiction to issue the
injunction. [1977 ex.s. c 178 § 3.]
30.04.460
Severability—1977 ex.s. c 178: See note following RCW 30.04.450.
30.04.465 Violations or unsafe or unsound practices—Injunction to enforce temporary order. In the case
of a violation or threatened violation of a temporary cease
and desist order issued under RCW 30.04.455, the director
may apply to the superior court of the county of the principal
place of business of the bank or trust company for an injunction to enforce the order, and the court shall issue an injunction if it determines that there has been a violation or threatened violation. [1994 c 92 § 33; 1977 ex.s. c 178 § 4.]
30.04.465
Severability—1977 ex.s. c 178: See note following RCW 30.04.450.
30.04.470 Violations or unsafe or unsound practices—Removal of officer or employee or prohibiting participation in bank or trust company affairs—Administrative hearing or judicial review. (1) Any administrative
hearing provided in RCW 30.04.450 or 30.12.042 may be
held at such place as is designated by the director and shall be
conducted in accordance with chapter 34.05 RCW. The hear30.04.470
(2008 Ed.)
General Provisions
ing shall be private unless the director determines that a public hearing is necessary to protect the public interest after
fully considering the views of the party afforded the hearing.
Within sixty days after the hearing the director shall render a decision which shall include findings of fact upon
which the decision is based and shall issue and serve upon
each party to the proceeding an order or orders consistent
with RCW 30.04.450 or 30.12.042, as the case may be.
Unless a petition for review is timely filed in the superior
court of the county of the principal place of business of the
affected bank or trust company under subsection (2) of this
section and until the record in the proceeding has been filed
as therein provided, the director may at any time modify, terminate, or set aside any order upon such notice and in such
manner as he or she shall deem proper. Upon filing the
record, the director may modify, terminate, or set aside any
order only with permission of the court.
The judicial review provided in this section for an order
shall be exclusive.
(2) Any party to the proceeding or any person required
by an order issued under RCW 30.04.450, 30.04.455,
30.04.465, or 30.12.042 to refrain from any of the violations
or practices stated therein may obtain a review of any order
served under subsection (1) of this section other than one
issued upon consent by filing in the superior court of the
county of the principal place of business of the affected bank
or trust company within ten days after the date of service of
the order a written petition praying that the order of the director be modified, terminated, or set aside. A copy of the petition shall be immediately served upon the director and the
director shall then file in the court the record of the proceeding. The court shall have jurisdiction upon the filing of the
petition, which jurisdiction shall become exclusive upon the
filing of the record to affirm, modify, terminate, or set aside
in whole or in part the order of the director except that the
director may modify, terminate, or set aside an order with the
permission of the court. The judgment and decree of the court
shall be final, except that it shall be subject to appellate
review under the rules of court.
(3) The commencement of proceedings for judicial
review under subsection (2) of this section shall not operate
as a stay of any order issued by the director unless specifically ordered by the court.
(4) Service of any notice or order required to be served
under RCW 30.04.450, 30.04.455, 30.12.040 or 30.12.042
shall be accomplished in the same manner as required for the
service of process in civil actions in superior courts of this
state. [1994 c 92 § 34; 1977 ex.s. c 178 § 8.]
Severability—1977 ex.s. c 178: See note following RCW 30.04.450.
30.04.475 Violations or unsafe or unsound practices—Removal of officer or employee or prohibiting participation in bank or trust company affairs—Jurisdiction
of courts in enforcement or issuance of orders, injunctions or judicial review. The director may apply to the superior court of the county of the principal place of business of
the bank or trust company affected for the enforcement of any
effective and outstanding order issued under RCW
30.04.450, 30.04.455, 30.04.465, or 30.12.042, and the court
shall have jurisdiction to order compliance therewith.
30.04.475
(2008 Ed.)
30.04.515
No court shall have jurisdiction to affect by injunction or
otherwise the issuance or enforcement of any order or to
review, modify, suspend, terminate, or set aside any order
except as provided in RCW 30.04.460 and 30.04.470. [1994
c 92 § 35; 1977 ex.s. c 178 § 9.]
Severability—1977 ex.s. c 178: See note following RCW 30.04.450.
30.04.500 Fairness in lending act—Short title. RCW
30.04.505 through 30.04.515 shall be known and may be
cited as the "fairness in lending act". [1977 ex.s. c 301 § 10.]
30.04.500
Unfair practices of financial institutions: RCW 49.60.175.
30.04.505 Fairness in lending act—Definitions. As
used in RCW 30.04.505 through 30.04.515:
(1) "Financial institution" means any bank or trust company, mutual savings bank, credit union, mortgage company,
or savings and loan association which operates or has a place
of business in this state whether regulated by the state or federal government.
(2) "Particular type of loan" refers to a class of loans
which is substantially similar with respect to the following:
(a) FHA, VA, or conventional as defined in *RCW
19.106.030(2);
(b) Uniform or nonuniform payment;
(c) Uniform or nonuniform rate of interest;
(d) Purpose; and
(e) The location of the real estate offered as security for
the loan as being inside or outside of that financial institution’s lending area.
(3) "Varying the terms of a loan" includes, but is not limited to the following practices:
(a) Requiring a greater down payment than is usual for
the particular type of a loan involved;
(b) Requiring a shorter period of amortization than is
usual for the particular type of loan involved;
(c) Charging a higher interest rate than is usual for the
particular type of loan involved;
(d) A deliberate underappraisal of the value of the property offered as security. [1977 ex.s. c 301 § 11.]
30.04.505
*Reviser’s note: RCW 19.106.030 expired on January 1, 1981. See
1977 ex.s. c 301 § 9.
30.04.510 Fairness in lending act—Unlawful practices. Subject to RCW 30.04.515, it shall be unlawful for any
financial institution, in processing any application for a loan
to be secured by a single-family residence to:
(1) Deny or vary the terms of a loan on the basis that a
specific parcel of real estate offered as security is located in a
specific geographical area, unless building, remodeling, or
continued habitation in such specific geographical area is
prohibited or restricted by any local, state, or federal law or
rules or regulations promulgated thereunder.
(2) Utilize lending standards that have no economic
basis. [1977 ex.s. c 301 § 12.]
30.04.510
30.04.515 Fairness in lending act—Sound underwriting practices not precluded. Nothing contained in RCW
30.04.505 through 30.04.510 shall preclude a financial institution from considering sound underwriting practices in pro30.04.515
[Title 30 RCW—page 15]
30.04.550
Title 30 RCW: Banks and Trust Companies
cessing any application for a loan to any person. Such practices shall include the following:
(1) The willingness and the financial ability of the borrower to repay the loan.
(2) The market value of any real estate and of any other
item of property proposed as security for any loan.
(3) Diversification of the financial institution’s investment portfolio. [1977 ex.s. c 301 § 13.]
30.04.550 Reorganization as subsidiary of bank holding company—Authority. A state banking corporation
may, with the approval of the director and the affirmative
vote of the shareholders of such corporation owning at least
two-thirds of each class of shares entitled to vote under the
terms of such shares, be reorganized to become a subsidiary
of a bank holding company or a company that will, upon consummation of such reorganization, become a bank holding
company, as defined in the federal bank holding company act
of 1956, as amended. [1994 c 92 § 36; 1986 c 279 § 40; 1982
c 196 § 1.]
30.04.550
Severability—1982 c 196: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1982 c 196 § 11.]
30.04.555 Reorganization as subsidiary of bank holding company—Procedure. A reorganization authorized
under RCW 30.04.550 shall be carried out in the following
manner:
(1) A plan of reorganization specifying the manner in
which the reorganization shall be carried out must be
approved by a majority of the entire board of directors of the
banking corporation. The plan shall specify the name of the
acquiring corporation, the amount of cash, securities of the
bank holding company, other consideration, or any combination thereof to be paid to the shareholders of the reorganizing
corporation in exchange for their shares of the stock of the
corporation. The plan shall also specify the exchange date or
the manner in which such exchange date shall be determined,
the manner in which the exchange shall be carried out, and
such other matters, not inconsistent with this chapter, as shall
be determined by the board of directors of the corporation.
(2) The plan of reorganization shall be submitted to the
shareholders of the reorganizing corporation at a meeting to
be held on the call of the directors. Notice of the meeting of
shareholders at which the plan shall be considered shall be
given by prepaid first-class mail at least twenty days before
the date of the meeting, to each stockholder of record of the
banking corporation. The notice shall state that dissenting
shareholders will be entitled to payment of the value of only
those shares which are voted against approval of the plan.
[1994 c 256 § 38; 1986 c 279 § 41; 1982 c 196 § 2.]
30.04.555
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1982 c 196: See note following RCW 30.04.550.
30.04.560 Reorganization as subsidiary of bank holding company—Dissenter’s rights—Conditions. If the
shareholders approve the reorganization by a two-thirds vote
of each class of shares entitled to vote under the terms of such
shares, and if it is thereafter approved by the director and consummated, any shareholder of the banking corporation who
30.04.560
[Title 30 RCW—page 16]
has voted shares against such reorganization at such meeting
or has given notice in writing at or prior to such meeting to
the banking corporation that he or she dissents from the plan
of reorganization and has not voted in favor of the reorganization, shall be entitled to receive the value of the shares
determined as provided in RCW 30.04.565. Such dissenter’s
rights must be exercised by making written demand which
shall be delivered to the corporation at any time within thirty
days after the date of shareholder approval, accompanied by
the surrender of the appropriate stock certificates. [1994 c 92
§ 37; 1986 c 279 § 42; 1982 c 196 § 3.]
Severability—1982 c 196: See note following RCW 30.04.550.
30.04.565 Reorganization as subsidiary of bank holding company—Valuation of shares of dissenting shareholders. The value of the shares of a dissenting shareholder
who has properly perfected dissenter’s rights shall be ascertained as of the day prior to the date of the shareholder action
approving such reorganization by three appraisers, one to be
selected by the owners of two-thirds of the dissenting shares,
one by the board of directors of the acquiring bank holding
company, and the third by the two so chosen. The valuation
agreed upon by any two appraisers shall govern. The dissenting shareholders shall bear, on a pro rata basis based on the
number of dissenting shares owned, the cost of their appraisal
and one-half of the cost of the third appraisal, and the acquiring bank holding company shall bear the cost of its appraisal
and one-half of the cost of the third appraisal. If the appraisal
is not completed within ninety days after the effective date of
the reorganization, the director shall cause an appraisal to be
made which shall be final and binding upon all parties. The
cost of such appraisal shall be borne equally by the dissenting
shareholders and the acquiring bank holding company. The
dissenting shareholders shall share their half of the cost on a
pro rata basis based on the number of dissenting shares
owned. [1994 c 256 § 39; 1994 c 92 § 38; 1982 c 196 § 4.]
30.04.565
Reviser’s note: This section was amended by 1994 c 92 § 38 and by
1994 c 256 § 39, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1982 c 196: See note following RCW 30.04.550.
30.04.570 Reorganization as subsidiary of bank holding company—Approval of director—Certificate of reorganization—Exchange of shares. The reorganization and
exchange authorized by RCW 30.04.550 through 30.04.570
shall become effective as follows:
(1) If the board of directors and shareholders of the state
banking corporation and the board of directors of the acquiring corporation approve the plan of reorganization, then both
corporations shall apply for the approval of the director, providing such information as the director by rule may prescribe.
(2) If the director approves the reorganization, the director shall issue a certificate of reorganization to the state banking corporation.
(3) Upon the issuance of a certificate of reorganization
by the director, or on such later date as shall be provided for
in the plan of reorganization, the shares of the state banking
corporation shall be deemed to be exchanged in accordance
with the plan of reorganization, subject to the rights of dis30.04.570
(2008 Ed.)
Organization and Powers
senters under RCW 30.04.560 and 30.04.565. [1994 c 92 §
39; 1982 c 196 § 5.]
Severability—1982 c 196: See note following RCW 30.04.550.
30.04.575 Public hearing prior to approval of reorganization—Request. Prior to the approval of the reorganization, the director, upon request of the board of directors of the
bank, or not less than ten percent of its shareholders, shall
hold a public hearing at which bank shareholders and other
interested parties may appear. Notice of the public hearing
shall be sent to each shareholder by prepaid first-class mail.
The approval of the reorganization by the director shall
be conditioned on a finding that the terms of the reorganization are fair to the shareholders and other interested parties.
[1994 c 256 § 40; 1994 c 92 § 40; 1986 c 279 § 44.]
30.04.575
Reviser’s note: This section was amended by 1994 c 92 § 40 and by
1994 c 256 § 40, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.04.600 Shareholders—Actions authorized without meetings—Written consent. Any action required by
this title to be taken at a meeting of the shareholders of a corporation, or any action that may be taken at a meeting of the
shareholders, may be taken without a meeting if a consent in
writing, setting forth the action so taken, is signed by all of
the shareholders entitled to vote with respect to the subject
matter thereof.
The consent shall have the same force and effect as a
unanimous vote of shareholders and may be stated as such in
any articles or documents filed under this title. [1986 c 279 §
46.]
mated teller machines and night depositories regulated under
this title. [1993 c 324 § 10.]
Effective date—1993 c 324: See RCW 19.174.900.
30.04.901 Severability—2003 c 24. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2003 c 24 § 10.]
30.04.901
Chapter 30.08
Chapter 30.08 RCW
ORGANIZATION AND POWERS
Sections
30.08.010
30.08.020
30.08.025
30.08.030
30.08.040
30.04.600
30.08.050
30.08.055
30.08.060
30.08.070
30.08.080
30.08.081
30.08.082
30.08.083
30.08.084
30.08.086
30.08.087
30.04.605 Directors, committees—Actions authorized without meetings—Written consent. Unless otherwise provided by the articles of incorporation or bylaws, any
action required by this title to be taken at a meeting of the
directors of a bank or trust company, or any action which may
be taken at any meeting of the directors or of a committee,
may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the
directors, or all of the members of the committee, as the case
may be. Such consent shall have the same effect as a unanimous vote. [1986 c 279 § 47.]
30.08.010
30.04.605
30.08.088
30.08.090
30.08.092
30.08.095
30.08.140
30.08.150
30.08.155
30.08.160
30.08.170
30.08.180
30.08.190
Incorporators—Paid-in capital stock, surplus, and undivided
profits—Requirements.
Notice of intention to organize—Proposed articles of incorporation—Contents.
Limited liability company—Organization or conversion—
Approval of director—Conditions—Application of chapter
25.15 RCW—Definitions.
Investigation.
Notice to file articles—Articles approved or refused—Hearing.
Approved articles to be filed and recorded—Organization
complete.
Amending articles—Filing with director—Contents.
Certificate of authority—Issuance—Contents.
Failure to commence business—Effect—Extension of time.
Extension of existence—Application—Investigation—Certificate—Appeal—Winding up for failure to continue existence.
Shares—Certificates not required.
Authority to issue preferred or special classes of stock.
Authority to divide classes into series—Rights and preferences—Filing of statement.
Rights of holders of preferred or special classes of stock—
Preference in dividends and liquidation.
Determination of capital impairment when capital consists of
preferred stock.
Authorized but unissued shares of capital stock—Issuance—
Consideration.
Authorized but unissued shares of capital stock—When shares
become part of capital stock.
Amendment of articles—Procedure.
Increase or decrease of capital stock authorized.
Schedule of fees to be established.
Corporate powers of banks.
Corporate powers of trust companies.
Powers and authorities of trust companies—Federally chartered trust companies—Findings of director.
Report of bond liability—Collateral.
Securities may be held in name of nominee.
Reports of resources and liabilities.
Time of filing—Availability—Penalty.
30.08.010 Incorporators—Paid-in capital stock, surplus, and undivided profits—Requirements. When authorized by the director, as hereinafter provided, one or more
natural persons, citizens of the United States, may incorporate a bank or trust company in the manner herein prescribed.
No bank or trust company shall incorporate for less amount
nor commence business unless it has a paid-in capital stock,
surplus and undivided profits in the amount as may be determined by the director after consideration of the proposed
location, management, and the population and economic
characteristics for the area, the nature of the proposed activities and operation of the bank or trust company, and other
factors deemed pertinent by the director. Each bank and trust
company shall before commencing business have subscribed
and paid into it in the same manner as is required for capital
30.08.010
30.04.610 Directors, committees—Meetings authorized by conference telephone or similar communications
equipment. Except as may be otherwise restricted by the
articles of incorporation or bylaws, members of the board of
directors or any committee designated by the board of directors may participate in a meeting of the board or committee
by means of a conference telephone or similar communications equipment by means of which all persons participating
in the meeting can hear each other at the same time. Participation by such means shall constitute presence, in person, at
a meeting. [1986 c 279 § 48.]
30.04.610
30.04.650 Automated teller machines and night
depositories security. Chapter 19.174 RCW applies to auto30.04.650
(2008 Ed.)
[Title 30 RCW—page 17]
30.08.020
Title 30 RCW: Banks and Trust Companies
stock, an amount equal to at least ten percent of the capital
stock above required, that shall be carried in the undivided
profit account and may be used to defray organization and
operating expenses of the company. Any sum not so used
shall be transferred to the surplus fund of the company before
any dividend shall be declared to the stockholders. [1994 c
256 § 41; 1994 c 92 § 42; 1986 c 279 § 17; 1973 1st ex.s. c
104 § 3; 1969 c 136 § 3; 1955 c 33 § 30.08.010. Prior: 1947
c 131 § 1; 1929 c 72 § 4; 1923 c 115 § 2; 1917 c 80 § 19; Rem.
Supp. 1947 § 3226.]
Reviser’s note: This section was amended by 1994 c 92 § 42 and by
1994 c 256 § 41, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.08.020 Notice of intention to organize—Proposed
articles of incorporation—Contents. Persons desiring to
incorporate a bank or trust company shall file with the director a notice of their intention to organize a bank or trust company in such form and containing such information as the
director shall prescribe by rule, together with proposed articles of incorporation, which shall be submitted for examination to the director at his or her office.
The proposed articles of incorporation shall state:
(1) The name of such bank or trust company.
(2) The city, village or locality and county where the
head office of such corporation is to be located.
(3) The nature of its business, whether that of a commercial bank, or a trust company.
(4) The amount of its capital stock, which shall be
divided into shares of a par or no par value as may be provided in the articles of incorporation.
(5) The names and places of residence and mailing
addresses of the persons who as directors are to manage the
corporation until the first annual meeting of its stockholders.
(6) If there is to be preferred or special classes of stock,
a statement of preferences, voting rights, if any, limitations
and relative rights in respect of the shares of each class; or a
statement that the shares of each class shall have the
attributes as shall be determined by the bank’s board of directors from time to time with the approval of the director.
(7) Any provision granting the shareholders the preemptive right to acquire additional shares of the bank and any
provision granting shareholders the right to cumulate their
votes.
(8) Any provision, not inconsistent with law, which the
incorporators elect to set forth in the articles of incorporation
for the regulation of the affairs of the corporation, including
any provision restricting the transfer of shares, any provision
which under this title is required or permitted to be set forth
in the bylaws, and any provision permitted by RCW
23B.17.030.
(9) Any provision the incorporators elect to so set forth,
not inconsistent with law or the purposes for which the bank
is organized, or any provision limiting any of the powers
granted in this title.
It shall not be necessary to set forth in the articles of
incorporation any of the corporate powers granted in this
title. The articles of incorporation shall be signed by all of the
incorporators. [1999 c 14 § 11; 1995 c 134 § 3. Prior: 1994
30.08.020
[Title 30 RCW—page 18]
c 256 § 42; 1994 c 92 § 43; 1986 c 279 § 18; 1981 c 73 § 1;
1973 1st ex.s. c 104 § 4; 1959 c 118 § 1; 1957 c 248 § 1; 1955
c 33 § 30.08.020; prior: (i) 1923 c 115 § 3; 1917 c 80 § 20;
RRS § 3227. (ii) 1929 c 174 § 1; 1923 c 115 § 4; 1917 c 80 §
21; RRS § 3228.]
Severability—1999 c 14: See RCW 32.35.900.
Findings—Construction—1994 c 256: See RCW 43.320.007.
Effective date—1981 c 73: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1981." [1981 c 73 § 3.]
30.08.025 Limited liability company—Organization
or conversion—Approval of director—Conditions—
Application of chapter 25.15 RCW—Definitions. (1) Notwithstanding any other provision of this title, if the conditions
of this section are met, a bank, or a holding company of a
bank, may be organized as, or convert to, a limited liability
company under the Washington limited liability company
act, chapter 25.15 RCW. As used in this section, "bank"
includes an applicant to become a bank or holding company
of a bank, and "holding company" means a holding company
of a bank.
(2)(a) Before a bank or holding company may organize
as, or convert to, a limited liability company, the bank or
holding company must obtain approval of the director.
(b)(i) To obtain approval under this section from the
director, the bank or holding company must file a request for
approval with the director at least ninety days before the day
on which the bank or holding company becomes a limited liability company.
(ii) If the director does not disapprove the request for
approval within ninety days from the day on which the director receives the request, the request is considered approved.
(iii) When taking action on a request for approval filed
under this section, the director may:
(A) Approve the request;
(B) Approve the request subject to terms and conditions
the director considers necessary; or
(C) Disapprove the request.
(3) To approve a request for approval, the director must
find that the bank or holding company:
(a) Will operate in a safe and sound manner; and
(b) Has the following characteristics:
(i) The certificate of formation and limited liability company require or set forth that the duration of the limited liability company is perpetual;
(ii) The bank or holding company is not otherwise subject to automatic termination, dissolution, or suspension upon
the happening of some event other than the passage of time;
(iii) The exclusive authority to manage the bank or holding company is vested in a board of managers or directors
that:
(A) Is elected or appointed by the owners;
(B) Is not required to have owners of the bank or holding
company included on the board;
(C) Possesses adequate independence and authority to
supervise the operation of the bank or holding company; and
(D) Operates with substantially the same rights, powers,
privileges, duties, and responsibilities as the board of directors of a corporation;
30.08.025
(2008 Ed.)
Organization and Powers
(iv) Neither state law, nor the bank’s or holding company’s operating agreement, bylaws, or other organizational
documents provide that an owner of the bank or holding company is liable for the debts, liabilities, and obligations of the
bank or holding company in excess of the amount of the
owner’s investment;
(v) Neither state law, nor the bank’s or holding company’s operating agreement, bylaws, or other organizational
documents require the consent of any other owner of the bank
or holding company in order for any owner to transfer an
ownership interest in the bank or holding company, including
voting rights;
(vi) The bank or holding company is able to obtain new
investment funding if needed to maintain adequate capital;
(vii) The bank or holding company is able to comply
with all legal and regulatory requirements for a federally
insured depository bank, or holding company of a federally
insured depository bank, under applicable federal and state
law; and
(viii) A bank or holding company that is organized as a
limited liability company shall maintain the characteristics
listed in this subsection (3)(b) during such time as it is authorized to conduct business under this title as a limited liability
company.
(4)(a) All rights, privileges, powers, duties, and obligations of a bank or holding company, that is organized as a
limited liability company, and its members and managers are
governed by the Washington limited liability company act,
chapter 25.15 RCW, except:
(i) To the extent chapter 25.15 RCW is in conflict with
federal law or regulation respecting the organization of a federally insured depository institution as a limited liability
company, such federal law or regulation supersedes the conflicting provisions contained in chapter 25.15 RCW in relation to a bank or holding company organized as a limited liability company pursuant to this section; and
(ii) Without limitation, the following are inapplicable to
a bank or holding company organized as a limited liability
company:
(A) Permitting automatic dissolution or suspension of a
limited liability company as set forth in RCW 25.15.270(1),
pursuant to a statement of limited duration which, though
impermissible under subsection (3)(b)(i) of this section, has
been provided for in a certificate of formation;
(B) Permitting automatic dissolution or suspension of a
limited liability company, pursuant to the limited liability
company agreement, as set forth in RCW 25.15.270(2);
(C) Permitting dissolution of the limited liability company agreement based upon agreement of all the members, as
set forth in RCW 25.l5.270(3);
(D) Permitting dissociation of all the members of the
limited liability company, as set forth in RCW 25.l5.270(4);
and
(E) Permitting automatic dissolution or suspension of a
limited liability company, pursuant to operation of law, as
otherwise set forth in chapter 25.15 RCW.
(b) Notwithstanding (a) of this subsection:
(i) For purposes of transferring a member’s interests in
the bank or holding company, a member’s interest in the bank
or holding company is treated like a share of stock in a corporation; and
(2008 Ed.)
30.08.025
(ii) If a member’s interest in the bank or holding company is transferred voluntarily or involuntarily to another person, the person who receives the member’s interest obtains
the member’s entire rights associated with the member’s
interest in the bank or holding company including, all economic rights and all voting rights.
(c) A bank or holding company may not by agreement or
otherwise change the application of (a) of this subsection to
the bank or holding company.
(5)(a) Notwithstanding any provision of chapter 25.15
RCW or this section to the contrary, all voting members
remain liable and responsible as fiduciaries of a bank or holding company organized as a limited liability company,
regardless of resignation, dissociation, or disqualification, to
the same extent that directors of a bank or holding company
organized as a corporation would be or remain liable or
responsible to the department and applicable federal banking
regulators; and
(b) If death, incapacity, or disqualification of all members of the limited liability company would result in a complete dissociation of all members, then the bank or holding
company, or both, as applicable is deemed nonetheless to
remain in existence for purposes of the department or an
applicable federal regulator, or both, having standing under
RCW 30.44.270 or applicable federal law, or both, to exercise the powers and authorities of a receiver for the bank or
holding company.
(6) For the purposes of this section, and unless the context clearly requires otherwise, for the purpose of applying
chapter 25.15 RCW to a bank or holding company organized
as a limited liability company:
(a) "Articles of incorporation" includes a limited liability
company’s certificate of formation, as that term is used in
RCW 25.15.005(1) and 25.15.070, and a limited liability
compa ny agree m ent as t h at te rm i s use d in RC W
25.15.005(5);
(b) "Board of directors" includes one or more persons
who have, with respect to a bank or holding company
described in subsection (1) of this section, authority that is
substantially similar to that of a board of directors of a corporation;
(c) "Bylaws" includes a limited liability company agreement as that term is defined in RCW 25.15.005(5);
(d) "Corporation" includes a limited liability company
organized under chapter 25.15 RCW;
(e) "Director" includes any of the following of a limited
liability company:
(i) A manager;
(ii) A director; or
(iii) Other person who has, with respect to the bank or
holding company described in subsection (1) of this section,
authority substantially similar to that of a director of a corporation;
(f) "Dividend" includes distributions made by a limited
liability company under RCW 25.15.215;
(g) "Incorporator" includes the person or persons executing the certificate of formation as provided in RCW
25.15.085(1);
(h) "Officer" includes any of the following of a bank or
holding company:
(i) An officer; or
[Title 30 RCW—page 19]
30.08.030
Title 30 RCW: Banks and Trust Companies
(ii) Other person who has, with respect to the bank or
holding company, authority substantially similar to that of an
officer of a corporation;
(i) "Security," "shares," or "stock" of a corporation
includes a membership interest in a limited liability company
and any certificate or other evidence of an ownership interest
in a limited liability company; and
(j) "Stockholder" or "shareholder" includes an owner of
an equity interest in a bank or holding company, including a
member as defined in RCW 25.15.005(8) and 25.15.115.
[2006 c 48 § 2.]
30.08.030
30.08.030 Investigation. When the notice of intention
to organize and proposed articles of incorporation complying
with the foregoing requirements have been received by the
director, together with the fees required by law, the director
shall ascertain from the best source of information at his or
her command and by such investigation as he or she may
deem necessary, whether the character, responsibility and
general fitness of the persons named in such articles are such
as to command confidence and warrant belief that the business of the proposed bank or trust company will be honestly
and efficiently conducted in accordance with the intent and
purpose of this title, whether the resources in the neighborhood of such place and in the surrounding country afford a
reasonable promise of adequate support for the proposed
bank and whether the proposed bank or trust company is
being formed for other than the legitimate objects covered by
this title. [1994 c 92 § 44; 1973 1st ex.s. c 104 § 5; 1955 c 33
§ 30.08.030. Prior: 1929 c 72 § 3, part; 1923 c 115 § 5, part;
1917 c 80 § 22, part; RRS § 3229, part.]
30.08.040
30.08.040 Notice to file articles—Articles approved
or refused—Hearing. After the director is satisfied of the
above facts, and, within six months of the date the notice of
intention to organize has been received in his or her office,
the director shall notify the incorporators to file executed articles of incorporation with the director in triplicate. Unless the
director otherwise consents in writing, such articles shall be
in the same form and shall contain the same information as
the proposed articles and shall be filed with the director
within ten days of such notice. Within thirty days after the
receipt of such articles of incorporation, the director shall
endorse upon each of the triplicates thereof, over his or her
official signature, the word "approved," or the word
"refused," with the date of such endorsement. In case of
refusal the director shall forthwith return one of the triplicates, so endorsed, together with a statement explaining the
reason for refusal to the person from whom the articles were
received, which refusal shall be conclusive, unless the incorporators, within ten days of the issuance of such notice of
refusal, shall request a hearing pursuant to the Administrative
Procedure Act, chapter 34.05 RCW, as now or hereafter
amended. [1995 c 134 § 4. Prior: 1994 c 256 § 43; 1994 c 92
§ 45; 1981 c 302 § 15; 1973 1st ex.s. c 104 § 6; 1955 c 33 §
30.08.040; prior: 1929 c 72 § 3, part; 1923 c 115 § 5, part;
1917 c 80 § 22, part; RRS § 3229, part.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1981 c 302: See note following RCW 19.76.100.
[Title 30 RCW—page 20]
30.08.050 Approved articles to be filed and
recorded—Organization complete. In case of approval the
director shall forthwith give notice thereof to the proposed
incorporators and file one of the triplicate articles of incorporation in his or her own office, and shall transmit another triplicate to the secretary of state, and the last to the incorporators. Upon receipt from the proposed incorporators of the
same fees as are required for filing and recording other articles of incorporation the secretary of state shall file such articles and record the same. Upon the filing of articles of incorporation approved as aforesaid by the director, with the secretary of state, all persons named therein and their successors
shall become and be a corporation, which shall have the powers and be subject to the duties and obligations prescribed by
this title, and whose existence shall continue from the date of
the filing of such articles until terminated pursuant to law; but
such corporation shall not transact any business except as is
necessarily preliminary to its organization until it has
received a certificate of authority as provided herein. [1994 c
92 § 46; 1986 c 279 § 19; 1981 c 302 § 16; 1957 c 248 § 2;
1955 c 33 § 30.08.050. Prior: 1929 c 72 § 3, part; 1923 c 115
§ 5, part; 1917 c 80 § 22, part; RRS § 3229, part.]
30.08.050
Severability—1981 c 302: See note following RCW 19.76.100.
30.08.055 Amending articles—Filing with director—
Contents. A bank or trust company amending its articles of
incorporation shall deliver articles of amendment to the
director for filing as required for articles of incorporation.
The articles of amendment shall set forth:
(1) The name of the bank or trust company;
(2) The text of each amendment adopted;
(3) The date of each amendment’s adoption;
(4) If the amendment was adopted by the incorporators
or board of directors without shareholder action, a statement
to that effect and that shareholder action was not required;
and
(5) If shareholder action was required, a statement that
the amendment was duly approved by the shareholders in
accordance with the provisions of RCW 30.08.090. [1994 c
256 § 53.]
30.08.055
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.08.060 Certificate of authority—Issuance—Contents. Before any bank or trust company shall be authorized
to do business, and within ninety days after approval of the
articles of incorporation or such other time as the director
may allow, it shall furnish proof satisfactory to the director
that such corporation has a paid-in capital in the amount
determined by the director, that the requisite surplus or
reserve fund has been accumulated or paid in cash, and that it
has in good faith complied with all the requirements of law
and fulfilled all the conditions precedent to commencing
business imposed by this title. If so satisfied, and within thirty
days after receipt of such proof, the director shall issue under
his or her hand and official seal, in triplicate, a certificate of
authority for such corporation. The certificate shall state that
the corporation therein named has complied with the requirements of law, that it is authorized to transact the business of a
bank or trust company, or both, as the case may be: PROVIDED, HOWEVER, That the director may make his or her
30.08.060
(2008 Ed.)
Organization and Powers
issuance of the certificate to a bank or trust company authorized to accept deposits, conditional upon the granting of
deposit insurance by the federal deposit insurance corporation, and in such event, shall set out such condition in a written notice which shall be delivered to the corporation.
One of the triplicate certificates shall be transmitted by
the director to the corporation and one of the other two shall
be filed by the director in the office of the secretary of state
and shall be attached to the articles of incorporation: PROVIDED, HOWEVER, That if the issuance of the certificate is
made conditional upon the granting of deposit insurance by
the federal deposit insurance corporation, the director shall
not transmit or file the certificate until such condition is satisfied. [1994 c 92 § 47; 1986 c 279 § 20; 1981 c 302 § 17; 1973
1st ex.s. c 104 § 7; 1955 c 33 § 30.08.060. Prior: 1929 c 72 §
3, part; 1923 c 115 § 5, part; 1917 c 80 § 22, part; RRS §
3229, part.]
Severability—1981 c 302: See note following RCW 19.76.100.
30.08.070 Failure to commence business—Effect—
Extension of time. Every corporation heretofore or hereafter
authorized by the laws of this state to do business as a bank or
trust company, which corporation shall have failed to organize and commence business within six months after certificate of authority to commence business has been issued by
the director, shall forfeit its rights and privileges as such corporation, which fact the director shall certify to the secretary
of state, and such certificate of forfeiture shall be filed and
recorded in the office of the secretary of state in the same
manner as the certificate of authority: PROVIDED, That the
director may, upon showing of cause satisfactory to him or
her, issue an order under his or her hand and seal extending
for not more than three months the time within which such
organization may be effected and business commenced, such
order to be transmitted to the office of the secretary of state
and filed and recorded therein. [1994 c 92 § 48; 1986 c 279
§ 21; 1981 c 302 § 18; 1955 c 33 § 30.08.070. Prior: 1931 c
9 § 1; RRS § 3229-1; 1915 c 175 § 41; RRS § 3370.]
30.08.070
Severability—1981 c 302: See note following RCW 19.76.100.
30.08.080 Extension of existence—Application—
Investigation—Certificate—Appeal—Winding up for
failure to continue existence. At any time not less than one
year prior to the expiration of the time of the existence of any
bank or trust company, it may by written application to the
director, signed and verified by a majority of its directors and
approved in writing by the owners of not less than two-thirds
of its capital stock, apply to the director for leave to file
amended articles of incorporation, extending its time of existence. Prior to acting upon such application, the director shall
make such investigation of the applicant as he or she deems
necessary. If the director determines that the applicant is in
sound condition, that it is conducting its business in a safe
manner and in compliance with law and that no reason exists
why it should not be permitted to continue, he or she shall
issue to the applicant a certificate authorizing it to file
amended articles of incorporation extending the time of its
existence until such time as it be dissolved by the act of its
shareholders owning not less than two-thirds of its stock, or
until its certificate of authority becomes revoked or forfeited
30.08.080
(2008 Ed.)
30.08.082
by reason of violation of law, or until its affairs be taken over
by the director for legal cause and finally wound up by him or
her. Otherwise the director shall notify the applicant that he
or she refuses to grant such certificate. The applicant may
appeal from such refusal in the same manner as in the case of
a refusal to grant an original certificate of authority. Otherwise the determination of the director shall be conclusive.
Upon receiving a certificate, as hereinabove provided,
the applicant may file amended articles of incorporation,
extending the time of its existence for the term authorized, to
which shall be attached a copy of the certificate of the director. Such articles shall be filed in the same manner and upon
payment of the same fees as for original articles of incorporation.
Should any bank or trust company fail to continue its
existence in the manner herein provided and be not previously dissolved, the director shall at the end of its original
term of existence immediately take possession thereof and
wind up the same in the same manner as in the case of insolvency. [1999 c 14 § 12; 1994 c 92 § 49; 1961 c 280 § 1; 1955
c 33 § 30.08.080. Prior: 1943 c 148 § 1; 1917 c 80 § 27; Rem.
Supp. 1943 § 3234.]
Severability—1999 c 14: See RCW 32.35.900.
30.08.081
30.08.081 Shares—Certificates not required. (1)
Shares of a bank or trust company may, but need not be, represented by certificates. Unless this title expressly provides
otherwise, the rights and obligations of shareholders are identical whether or not their shares are represented by certificates. At a minimum, each share certificate must state the
information required to be stated and must be signed as provided in RCW 23B.06.250 and/or 23B.06.270 for corporations.
(2) Unless the articles of incorporation or bylaws provide
otherwise, the board of directors of a bank or trust company
may authorize the issue of some or all of the shares of any or
all of its classes or series without certificates. The authorization does not affect shares already represented by certificates
until they are surrendered to the bank or trust company.
(3) Within a reasonable time after the issue or transfer of
shares without certificates, the bank or trust company shall
send the shareholder a written statement of the information
required to be stated on certificates under subsection (1) of
this section. [1994 c 256 § 52.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.08.082
30.08.082 Authority to issue preferred or special
classes of stock. (1) Notwithstanding any other provisions of
law and if so authorized by its articles of incorporation or
amendments thereto made in the manner provided in the case
of a capital increase, any bank or trust company may, pursuant to action taken by its board of directors from time to time
with the approval of the director, issue shares of preferred or
special classes of stock with the attributes and in such
amounts and with such par value, if any, as shall be determined by the board of directors from time to time with the
approval of the director. No increase of preferred stock shall
be valid until the amount thereof shall have been subscribed
and actually paid in.
[Title 30 RCW—page 21]
30.08.083
Title 30 RCW: Banks and Trust Companies
(2) If provided in its articles of incorporation, a bank or
trust company may issue shares of preferred or special classes
having any one or several of the following provisions:
(a) Subjecting the shares to the right of the bank or trust
company to repurchase or retire any such shares at the price
fixed by the articles of incorporation for the repurchase or
retirement thereof;
(b) Entitling the holders thereof to cumulative, noncumulative, or partially cumulative dividends;
(c) Having preference over any other class or classes of
shares as to the payment of dividends;
(d) Having preference in the assets of the bank or trust
company over any other class or classes of shares upon the
voluntary or involuntary liquidation of the bank or trust company;
(e) Having voting or nonvoting rights; and
(f) Being convertible into shares of any other class or
into shares of any series of the same or any other class, except
a class having prior or superior rights and preferences as to
dividends or distribution of assets upon liquidation. [1994 c
256 § 44; 1994 c 92 § 50; 1986 c 279 § 22; 1981 c 89 § 4.]
Reviser’s note: This section was amended by 1994 c 92 § 50 and by
1994 c 256 § 44, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1981 c 89: See note following RCW 30.04.180.
30.08.083 Authority to divide classes into series—
Rights and preferences—Filing of statement. (1) If the
articles of incorporation shall expressly vest authority in the
board of directors, then, to the extent that the articles of incorporation shall not have established series, and fixed and
determined the variations in the relative rights and preferences as between series, the board of directors have authority
to divide any or all of the classes into series and, within the
limitation set forth in this section and in the articles of incorporation, fix and determine the relative rights and preferences
of the shares of any series so established.
(2) In order for the board of directors to establish a
series, where authority to do so is contained in the articles of
incorporation, the board of directors shall adopt a resolution
setting forth the designation of the series and fixing and
determining the relative rights and preferences thereof, or so
much thereof as is not fixed and determined by the articles of
incorporation.
(3) Prior to the issue of any shares of a series established
by resolution adopted by the board of directors, the corporation shall file and execute in the manner provided in this section a statement setting forth:
(a) The name of the bank;
(b) A copy of the resolution establishing and designating
the series, and fixing and determining the relative rights and
preferences thereof;
(c) The date of adoption of such resolution; and
(d) That the resolution was duly adopted by the board of
directors.
(4) The statement shall be executed in triplicate by the
bank by one of its officers and shall be delivered to the director. If the director finds that the statement conforms to law,
30.08.083
[Title 30 RCW—page 22]
the director shall, when all fees have been paid as provided in
this title:
(a) Endorse on each of the triplicate originals the word
"Filed," and the effective date of the filing thereof;
(b) File two of the originals; and
(c) Return the other original to the bank or its representative.
(5) Upon the filing of the statement by the director with
the secretary of state, the resolution establishing and designating the series and fixing and determining the relative
rights and preferences thereof shall become effective and
shall constitute an amendment of the articles of incorporation. [1994 c 92 § 51; 1986 c 279 § 23.]
30.08.084 Rights of holders of preferred or special
classes of stock—Preference in dividends and liquidation.
Notwithstanding any other provisions of law, whether relating to restriction upon the payment of dividends upon capital
stock or otherwise, the holders of shares of preferred or special classes of stock shall be entitled to receive such dividends on the purchase price received by the bank or trust
company for such stock as may be provided by the articles of
incorporation or by the board of directors of the bank or trust
company with the approval of the director.
No dividends shall be declared or paid on common stock
until cumulative dividends, if any, on the shares of preferred
or special classes of stock shall have been paid in full; and, if
the director takes possession of a bank or trust company for
purposes of liquidation, no payments shall be made to the
holders of the common stock until the holders of the shares of
preferred or special classes of stock shall have been paid in
full such amount as may be provided under the terms of said
shares plus all accumulated dividends, if any. [1994 c 92 §
52; 1986 c 279 § 24; 1981 c 89 § 5.]
30.08.084
Severability—1981 c 89: See note following RCW 30.04.180.
30.08.086 Determination of capital impairment when
capital consists of preferred stock. If any part of the capital
of a bank and trust company consists of preferred stock, the
determination of whether or not the capital of such bank is
impaired and the amount of such impairment shall be based
on the value of its stock as established at the time it was
issued, or its par value, if any, even though the amount which
the holders of such preferred stock shall be entitled to receive
in the event of retirement or liquidation shall be in excess of
the originally established value or the par value of such preferred stock. [1986 c 279 § 25; 1981 c 89 § 6.]
30.08.086
Severability—1981 c 89: See note following RCW 30.04.180.
30.08.087 Authorized but unissued shares of capital
stock—Issuance—Consideration. Any bank or trust company may provide in its articles of incorporation or amendments thereto for authorized but unissued shares of its capital
stock. The shares may be issued for such consideration as
shall be established by the board from time to time and all
consideration received therefor shall be allocated to the capital stock or surplus of the corporation. [1994 c 256 § 45;
1986 c 279 § 26; 1979 c 106 § 1; 1965 c 140 § 1.]
30.08.087
Findings—Construction—1994 c 256: See RCW 43.320.007.
(2008 Ed.)
Organization and Powers
30.08.088 Authorized but unissued shares of capital
stock—When shares become part of capital stock. The
authorized but unissued shares shall not become a part of the
capital stock until they have been issued and paid for. [1994
c 256 § 46; 1994 c 92 § 53; 1986 c 279 § 27; 1979 c 106 § 2;
1965 c 140 § 2.]
30.08.088
Reviser’s note: This section was amended by 1994 c 92 § 53 and by
1994 c 256 § 46, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.08.090 Amendment of articles—Procedure.
Unless the articles of incorporation provide otherwise, the
board of directors of a bank or trust company may, by majority vote, amend the bank or trust company’s articles of incorporation without shareholder action as follows:
(1) If the bank or trust company has only one class of
shares outstanding, to provide, change, or eliminate any provision with respect to the par value of any class of shares;
(2) To delete the name and address of the initial directors;
(3) If the bank or trust company has only one class of
shares outstanding, solely to change the number of authorized
shares to effectuate a split of, or stock dividend in, the bank
or trust company’s own shares, or solely to do so and to
change the number of authorized shares in proportion thereto;
(4) To change the bank or trust company’s name; or
(5) To make any other change expressly permitted by
this title to be made without shareholder action.
Other amendments to a bank or trust company’s articles
of incorporation, in a manner not inconsistent with the provisions of this title, require the affirmative vote of the stockholders representing two-thirds of each class of shares entitled to vote under the terms of the shares at a regular meeting,
or special meeting duly called for that purpose in the manner
prescribed by the bank or trust company’s bylaws. No
amendment shall be made whereby a bank becomes a trust
company unless such bank first receives permission from the
director. [1994 c 256 § 47; 1994 c 92 § 54; 1987 c 420 § 3;
1986 c 279 § 28; 1965 c 140 § 3; 1955 c 33 § 30.08.090.
Prior: 1923 c 115 § 7; 1917 c 80 § 26; RRS § 3233.]
30.08.090
Reviser’s note: This section was amended by 1994 c 92 § 54 and by
1994 c 256 § 47, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.08.092 Increase or decrease of capital stock authorized. A bank or trust company may increase or decrease its
capital stock by amendment to its articles of incorporation.
No issuance of capital stock shall be valid, until the amount
thereof shall have been actually paid in. No reduction of the
capital stock shall be made to an amount less than is required
for capital by the director. [1994 c 256 § 48; 1994 c 92 § 55;
1987 c 420 § 4.]
30.08.092
Reviser’s note: This section was amended by 1994 c 92 § 55 and by
1994 c 256 § 48, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
(2008 Ed.)
30.08.140
30.08.095 Schedule of fees to be established. The
director shall collect fees for the following services:
For filing application for certificate of authority and
attendant investigation as outlined in the law;
For filing application for certificate conferring trust
powers upon a state or national bank;
For filing articles of incorporation, or amendments
thereof, or other certificates required to be filed in his or her
office;
For filing merger agreement and attendant investigation;
For filing application to relocate main office or branch
and attendant investigation;
For issuing each certificate of authority;
For furnishing copies of papers filed in his or her office,
per page.
The director shall establish the amount of the fee for
each of the above transactions, and for other services rendered.
Every bank or trust company shall also pay to the secretary of state for filing any instrument with him or her the
same fees as are required of general corporations for filing
corresponding instruments, and also the same license fees as
are required of general corporations. [1995 c 134 § 5. Prior:
1994 c 256 § 49; 1994 c 92 § 56; 1981 c 302 § 19; 1973 1st
ex.s. c 104 § 8; 1969 c 136 § 4; 1955 c 33 § 30.08.095; prior:
1929 c 72 § 1; 1923 c 115 § 1; 1917 c 80 § 12; RRS § 3219.
Formerly RCW 30.04.080.]
30.08.095
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1981 c 302: See note following RCW 19.76.100.
Indemnification of directors, officers, employees, etc. by corporation authorized: RCW 23B.08.320, 23B.08.500 through 23B.08.580,
23B.08.600, and 23B.17.030.
30.08.140 Corporate powers of banks. Upon the issuance of a certificate of authority to a bank, the persons named
in the articles of incorporation and their successors shall
thereupon become a corporation and shall have power:
(1) To adopt and use a corporate seal.
(2) To have perpetual succession.
(3) To make contracts.
(4) To sue and be sued, the same as a natural person.
(5) To elect directors who, subject to the provisions of
the corporation’s bylaws, shall have power to appoint such
officers as may be necessary or convenient, to define their
powers and duties and to dismiss them at pleasure, and who
shall also have general supervision and control of the affairs
of such corporation.
(6) To make and alter bylaws, not inconsistent with its
articles of incorporation or with the laws of this state, for the
administration and regulation of its affairs.
(7) To invest and reinvest its funds in marketable obligations evidencing the indebtedness of any person, copartnership, association, or corporation in the form of bonds, notes,
or debentures commonly known as investment securities
except as may by regulation be limited by the director.
(8) To discount and negotiate promissory notes, drafts,
bills of exchange and other evidences of debt, to receive
deposits of money and commercial paper, to lend money
secured or unsecured, to issue all forms of letters of credit, to
buy and sell bullion, coins and bills of exchange.
30.08.140
[Title 30 RCW—page 23]
30.08.150
Title 30 RCW: Banks and Trust Companies
(9) To take and receive as bailee for hire upon terms and
conditions to be prescribed by the corporation, for safekeeping and storage, jewelry, plate, money, specie, bullion,
stocks, bonds, mortgages, securities and valuable paper of
any kind and other valuable personal property, and to rent
vaults, safes, boxes and other receptacles for safekeeping and
storage of personal property.
(10) If the bank be located in a city of not more than five
thousand inhabitants, to act as insurance agent. A bank exercising this power may continue to act as an insurance agent
notwithstanding a change of the population of the city in
which it is located.
(11) To accept drafts or bills of exchange drawn upon it
having not more than six months sight to run, which grow out
of transactions involving the importation or exportation of
goods; or which grow out of transactions involving the
domestic shipment of goods, providing shipping documents
conveying or securing title are attached at the time of acceptance; or which are secured at the time of acceptance by a
warehouse receipt or other such document conveying or
securing title to readily marketable staples. No bank shall
accept, either in a foreign or a domestic transaction, for any
one person, company, firm or corporation, to an amount
equal at any one time in the aggregate to more than ten percent of its paid up and unimpaired capital stock and surplus
unless the bank is secured by attached documents or by some
other actual security growing out of the same transaction as
the acceptance; and no bank shall accept such bills to an
amount equal at any time in the aggregate to more than onehalf of its paid up and unimpaired capital stock and surplus:
PROVIDED, HOWEVER, That the director, under such general regulations applicable to all banks irrespective of the
amount of capital or surplus, as the director may prescribe
may authorize any bank to accept such bills to an amount not
exceeding at any time in the aggregate one hundred percent
of its paid up and unimpaired capital stock and surplus:
PROVIDED, FURTHER, That the aggregate of acceptances
growing out of domestic transactions shall in no event exceed
fifty percent of such capital stock and surplus.
(12) To accept drafts or bills of exchange drawn upon it,
having not more than three months sight to run, drawn under
regulations to be prescribed by the director by banks or bankers in foreign countries or dependencies or insular possessions of the United States for the purpose of furnishing dollar
exchange as required by the usages of trade in the respective
countries, dependencies or insular possessions. Such drafts or
bills may be acquired by banks in such amounts and subject
to such regulations, restrictions and limitations as may be
provided by the director: PROVIDED, HOWEVER, That no
bank shall accept such drafts or bills of exchange referred to
in this subdivision for any one bank to an amount exceeding
in the aggregate ten percent of the paid up and unimpaired
capital and surplus of the accepting bank unless the draft or
bill of exchange is accompanied by documents conveying or
securing title or by some other adequate security, and that no
such drafts or bills of exchange shall be accepted by any bank
in an amount exceeding at any time the aggregate of one-half
of its paid up and unimpaired capital and surplus: PROVIDED FURTHER, That compliance by any bank which is a
member of the federal reserve system of the United States
with the rules, regulations and limitations adopted by the fed[Title 30 RCW—page 24]
eral reserve board thereof with respect to the acceptance of
drafts or bills of exchange by members of such federal
reserve system shall be a sufficient compliance with the
requirements of this subdivision or paragraph relating to
rules, regulations and limitations prescribed by the director.
(13) To have and exercise all powers necessary or convenient to effect its purposes.
(14) To serve as custodian of an individual retirement
account and pension and profit sharing plans qualified under
internal revenue code section 401(a), the assets of which are
invested in deposits of the bank or trust company or are
invested, pursuant to directions from the customer owning
the account, in securities traded on a national securities market: PROVIDED, That the bank or trust company shall
accept no investment responsibilities over the account unless
it is granted trust powers by the director.
(15) To be a limited partner in a limited partnership that
engages in only such activities as are authorized for the bank.
(16) To exercise any other power or authority permissible under applicable state or federal law conducted by out-ofstate state banks with branches in Washington to the same
extent if, in the opinion of the director, those powers and
authorities affect the operations of banking in Washington or
affect the delivery of financial services in Washington. [1996
c 2 § 5; 1994 c 92 § 58; 1986 c 279 § 29; 1957 c 248 § 3; 1955
c 33 § 30.08.140. Prior: 1931 c 127 § 1; 1919 c 209 § 8; 1917
c 80 § 23; RRS § 3230.]
Severability—1996 c 2: See RCW 30.38.900.
30.08.150 Corporate powers of trust companies.
Upon the issuance of a certificate of authority to a trust company, the persons named in the articles of incorporation and
their successors shall thereupon become a corporation and
shall have power:
(1) To execute all the powers and possess all the privileges conferred on banks.
(2) To act as fiscal or transfer agent of the United States
or of any state, municipality, body politic or corporation and
in such capacity to receive and disburse money.
(3) To transfer, register and countersign certificates of
stock, bonds or other evidences of indebtedness and to act as
attorney-in-fact or agent of any corporation, foreign or
domestic, for any purpose, statutory or otherwise.
(4) To act as trustee under any mortgage, or bonds,
issued by any municipality, body politic, or corporation, foreign or domestic, or by any individual, firm, association or
partnership, and to accept and execute any municipal or corporate trust.
(5) To receive and manage any sinking fund of any corporation upon such terms as may be agreed upon between
such corporation and those dealing with it.
(6) To collect coupons on or interest upon all manner of
securities, when authorized so to do, by the parties depositing
the same.
(7) To accept trusts from and execute trusts for married
persons in respect to their separate property and to be their
agent in the management of such property and to transact any
business in relation thereto.
(8) To act as receiver or trustee of the estate of any person, or to be appointed to any trust by any court, to act as
30.08.150
(2008 Ed.)
Organization and Powers
assignee under any assignment for the benefit of creditors of
any debtor, whether made pursuant to statute or otherwise,
and to be the depositary of any moneys paid into court.
(9) To be appointed and to accept the appointment of
executor of, or trustee under, the last will and testament, or
administrator with or without the will annexed, of the estate
of any deceased person and to be appointed and to act as
guardian of the estate of lunatics, idiots, persons of unsound
mind, minors and habitual drunkards: PROVIDED, HOWEVER, That the power hereby granted to trust companies to
act as guardian or administrator, with or without the will
annexed, shall not be construed to deprive parties of the prior
right to have issued to them letters of guardianship, or of
administration, as such right now exists under the law of this
state.
(10) To execute any trust or power of whatever nature or
description that may be conferred upon or entrusted or committed to it by any person or by any court or municipality,
foreign or domestic corporation and any other trust or power
conferred upon or entrusted or committed to it by grant,
assignment, transfer, devise, bequest or by any other authority and to receive, take, use, manage, hold and dispose of,
according to the terms of such trusts or powers any property
or estate, real or personal, which may be the subject of any
such trust or power.
(11) Generally to execute trusts of every description not
inconsistent with law.
(12) To purchase, invest in and sell promissory notes,
bills of exchange, bonds, debentures and mortgages and
when moneys are borrowed or received for investment, the
bonds or obligations of the company may be given therefor,
but no trust company hereafter organized shall issue such
bonds: PROVIDED, That no trust company which receives
money for investment and issues the bonds of the company
therefor shall engage in the business of banking or receiving
of either savings or commercial deposits: AND PROVIDED,
That it shall not issue any bond covering a period of more
than ten years between the date of its issuance and its maturity date: AND PROVIDED FURTHER, That if for any
cause, the holder of any such bond upon which one or more
annual rate installments have been paid, shall fail to pay the
subsequent annual rate installments provided in said bond
such holder shall, on or before the maturity date of said bond,
be paid not less than the full sum which he has paid in on
account of said bond. [1973 1st ex.s. c 154 § 48; 1955 c 33 §
30.08.150. Prior: 1929 c 72 § 4, part; 1923 c 115 § 6, part;
1921 c 94 § 1, part; 1917 c 80 § 24, part; RRS § 3231, part.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
30.08.155 Powers and authorities of trust companies—Federally chartered trust companies—Findings of
director. Notwithstanding any restrictions, limitations, and
requirements of law, in addition to all powers, express or
implied, that a trust company has under the laws of this state,
a trust company shall have the powers and authorities conferred as of June 11, 1998, upon a federally chartered trust
company doing business in this state. A trust company may
exercise the powers and authorities conferred on a federally
chartered trust company after this date only if the director
finds that the exercise of such powers and authorities:
30.08.155
(2008 Ed.)
30.08.180
(1) Serves the convenience and advantage of trustors;
and
(2) Maintains the fairness of competition and parity
between state-chartered trust companies and federally chartered trust companies.
As used in this section, "powers and authorities" include
without limitation powers and authorities in corporate governance and operational matters.
The restrictions, limitations, and requirements applicable to specific powers or authorities of federally chartered
trust companies shall apply to trust companies exercising
those powers or authorities permitted under this section but
only insofar as the restrictions, limitations, and requirements
relate to exercising the powers or authorities granted trust
companies solely under this section. [1998 c 45 § 2.]
30.08.160 Report of bond liability—Collateral. Any
trust company receiving moneys for investment, and for
which it shall give its bonds as in RCW 30.08.150(12) provided, shall within ten days after any regular report is called
for from banks or trust companies by the director, make a
statement of its total liability, on all bonds issued and then in
force, certified by its board of directors, and shall at the same
time deposit with the state treasurer, for the benefit of the
holders of such bonds or obligations, sufficient securities or
money so that it will have on deposit with said state treasurer
a sufficient amount of said securities, which may be
exchanged for other securities as necessity may require, or
money to, at any time, pay all of said liability. In the event of
its failure to make such deposits, it shall cease doing such
business: PROVIDED, That whenever money shall have
been deposited with the treasurer, it may be withdrawn at any
time upon a like amount of securities being deposited in its
stead: AND PROVIDED FURTHER, That the securities
deposited shall consist of such securities as are by this title
permitted for the investment of trust funds. [1994 c 92 § 59;
1955 c 33 § 30.08.160. Prior: 1917 c 80 § 25; RRS § 3232.]
30.08.160
30.08.170 Securities may be held in name of nominee.
Any trust company incorporated under the laws of this state
and any national banking association authorized to act in a
fiduciary capacity in this state, when acting in a fiduciary
capacity, either alone or jointly with an individual or individuals, may, with the consent of such individual fiduciary or
fiduciaries, who are hereby authorized to give such consent,
cause any stocks, securities, or other property now held or
hereafter acquired to be registered and held in the name of a
nominee or nominees of such corporate or association fiduciary without mention of the fiduciary relationship. Any such
fiduciary shall be liable for any loss occasioned by the acts of
any of its nominees with respect to such stocks, securities or
other property so registered. [1955 c 33 § 30.08.170. Prior:
1947 c 146 § 1; Rem. Supp. 1947 § 3292b.]
30.08.170
30.08.180 Reports of resources and liabilities. Every
bank and trust company shall make at least three regular
reports each year to the director, as of the dates which he or
she shall designate, according to form prescribed by him or
her, verified by the president, manager or cashier and attested
by at least two directors, which shall exhibit under appropri30.08.180
[Title 30 RCW—page 25]
30.08.190
Title 30 RCW: Banks and Trust Companies
ate heads the resources and liabilities of such corporation.
The dates designated by the director shall be the dates designated by the comptroller of the currency of the United States
for reports of national banking associations.
Every such corporation shall also make such special
reports as the director shall call for. [1995 c 344 § 3; 1994 c
92 § 60; 1955 c 33 § 30.08.180. Prior: 1919 c 209 § 4; 1917
c 80 § 5; RRS § 3212.]
30.08.190 Time of filing—Availability—Penalty. (1)
Every regular report shall be filed with the director within
thirty days from the date of issuance of the notice. Every special report shall be filed with the director within such time as
shall be specified by him or her in the notice therefor.
(2) The director shall provide a copy of any regular
report free of charge to any person that submits a written
request for the report.
(3) Every bank and trust company which fails to file any
report, required to be filed under subsection (1) of this section
and within the time specified, shall be subject to a penalty of
fifty dollars per day for each day’s delay. A civil action for
the recovery of any such penalty may be brought by the attorney general in the name of the state. [1995 c 344 § 4; 1995 c
134 § 6. Prior: 1994 c 256 § 51; 1994 c 92 § 61; 1977 c 38 §
1; 1955 c 33 § 30.08.190; prior: 1917 c 80 § 6; RRS § 3213.]
30.08.190
Reviser’s note: This section was amended by 1995 c 134 § 6 and by
1995 c 344 § 4, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
Chapter 30.12 RCW
OFFICERS, EMPLOYEES, AND STOCKHOLDERS
Chapter 30.12
Sections
30.12.010
30.12.020
30.12.025
30.12.030
30.12.040
30.12.042
30.12.044
30.12.045
30.12.046
30.12.047
30.12.060
30.12.070
30.12.090
30.12.100
30.12.110
30.12.115
30.12.120
30.12.130
30.12.180
30.12.190
Directors—Election—Meetings—Oath—Vacancies.
Meetings, where held—Corporate records.
Rights of shareholder to examine and make extracts of
records—Penalty—Financial statements.
Fidelity bonds—Casualty insurance.
Removal of delinquent officer or employee or prohibiting participation in bank or trust company affairs—Grounds—
Notice.
Removal of delinquent officer or employee or prohibiting participation in bank or trust company affairs—Notice contents—Hearing—Order of removal or prohibition.
Removal of delinquent officer or employee or prohibiting participation in bank or trust company affairs—Effect upon
quorum—Procedure.
Removal of delinquent officer or employee or prohibiting participation in bank or trust company affairs—Administrative
hearing—Judicial review.
Removal of delinquent officer or employee or prohibiting participation in bank or trust company affairs—Jurisdiction of
courts in enforcement or issuance of orders, injunctions or
judicial review.
Removal of delinquent officer or employee or prohibiting participation in bank or trust company affairs—Violation of
final order—Penalty.
Loans to officers or employees.
Unsafe loans and discounts to directors.
False entries, statements, etc.—Penalty.
Destroying or secreting records—Penalty.
Commission, etc., for procuring loan—Penalty.
Transactions in which director or officer has an interest.
Loans to officers or employees from trust funds—Penalty.
Trust company as legal representative—Oath by officer.
Levy of assessments.
General penalty—Effect of conviction.
[Title 30 RCW—page 26]
30.12.205
30.12.220
30.12.230
30.12.240
Stock purchase options—Incentive bonus contracts, stock purchase or bonus plans, and profit sharing plans.
Preemptive rights of shareholders to acquire unissued shares—
Articles of incorporation may limit or permit—Later acquisition.
Immunity of shareholders of bank insured by the federal
deposit insurance corporation.
Violations—Director liability.
30.12.010 Directors—Election—Meetings—Oath—
Vacancies. Every bank and trust company shall be managed
by not less than five directors, who need not be residents of
this state. Directors shall be elected by the stockholders and
hold office for such term as is specified in the articles of
incorporation, not exceeding three years, and until their successors are elected and have qualified. In the first instance the
directors shall be those named in the articles of incorporation
and afterwards, those elected at the annual meeting of the
stockholders to be held at least once each year on a day to be
specified by the bank’s or trust company’s bylaws. Shareholders may not cumulate their votes unless the articles of
incorporation specifically so provide. If for any cause no
election is held at that time, it may be held at an adjourned
meeting or at a subsequent meeting called for that purpose in
the manner prescribed by the corporation’s bylaws. The
directors shall meet at least once each quarter and whenever
required by the director. A majority of the then serving board
of directors shall constitute a quorum for the transaction of
business. At all stockholders’ meetings, each share shall be
entitled to one vote, unless the articles of incorporation provide otherwise. Any stockholder may vote in person or by
written proxy.
Each director, so far as the duty devolves upon him or
her, shall diligently and honestly administer the affairs of
such corporation and shall not knowingly violate or willingly
permit to be violated any provision of law applicable to such
corporation. Vacancies in the board of directors shall be filled
by the board. [1994 c 256 § 54; 1994 c 92 § 62; 1987 c 420 §
1; 1986 c 279 § 30; 1982 c 196 § 8; 1981 c 89 § 3; 1975 c 35
§ 1; 1969 c 136 § 8; 1957 c 190 § 1; 1955 c 33 § 30.12.010.
Prior: 1947 c 129 § 1; 1917 c 80 § 30; Rem. Supp. 1947 §
3237.]
30.12.010
Reviser’s note: This section was amended by 1994 c 92 § 62 and by
1994 c 256 § 54, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1982 c 196: See note following RCW 30.04.550.
Severability—1981 c 89: See note following RCW 30.04.180.
30.12.020 Meetings, where held—Corporate records.
All meetings of the stockholders of any bank or trust company, except organization meetings and meetings held with
the consent of all stockholders, must be held in the county in
which the head office or any branch of the corporation is
located. Meetings of the directors of any bank or trust company may be held either within or without this state. Every
such corporation shall keep records in which shall be
recorded the names and residences of the stockholders
thereof, the number of shares held by each, and also the transfers of stock, showing the time when made, the number of
shares and by whom transferred. In all actions, suits and proceedings, said records shall be prima facie proof of the facts
30.12.020
(2008 Ed.)
Officers, Employees, and Stockholders
shown therein. All of the corporate books, including the certificate book, stockholders’ ledger and minute book or a copy
thereof shall be kept at the corporation’s principal place of
business. Any books, record, and minutes may be in written
form or any other form capable of being converted to written
form within a reasonable time. [1994 c 256 § 55; 1986 c 279
§ 31; 1969 c 136 § 9; 1955 c 33 § 30.12.020. Prior: 1927 c
179 § 1; 1917 c 80 § 31; RRS § 3238.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.12.025
30.12.025 Rights of shareholder to examine and
make extracts of records—Penalty—Financial statements. Any person who has been a shareholder of record at
least six months immediately preceding his or her demand or
who is the holder of record of at least five percent of all the
outstanding shares of a bank or trust company, upon written
demand stating the purpose thereof, has the right to examine,
in person, or by agent or attorney, at any reasonable time or
times, for any proper purpose, the bank or trust company’s
minutes of the proceedings of its shareholders, its shareholder
records, and its existing publicly available records. The person is entitled to make extracts therefrom, except that the person is not entitled to view or make extracts of any portion of
minutes that refer or relate to information which is confidential.
Any officer or agent who, or a bank or trust company
that, refuses to allow any such shareholder or his or her agent
or attorney, to examine and make extracts from its minutes of
the proceedings of its shareholders, record of shareholders, or
existing publicly available books and records, for any proper
purpose, shall be liable to the shareholder for actual damages
or other remedy afforded the shareholder by law.
It is a defense to any action for penalties under this section that the person suing therefor has, within two years: (1)
Sold or offered for sale any list of shareholders for shares of
such bank or trust company or any other bank or trust company; (2) aided or abetted any person in procuring any list of
shareholders for any such purpose; (3) improperly used any
information secured through any prior examination of existing publicly available books and records, or minutes, or
record of shareholders of such bank or trust company or any
other bank or trust company; or (4) not acted in good faith or
for a proper purpose in making his or her demand.
Nothing in this section impairs the power of any court of
competent jurisdiction, upon proof by a shareholder of proper
purpose, irrespective of the period of time during which the
shareholder has been a shareholder of record, and irrespective
of the number of shares held by him or her, to compel the production for examination by the shareholder of the existing
publicly available books and records, minutes, and record of
shareholders of a bank or trust company.
Upon the written request of any shareholder of a bank or
trust company, the bank or trust company shall mail to the
shareholder its most recent financial statements showing in
reasonable detail its assets and liabilities and the results of its
operations. As used in this section, "shareholder" includes the
holder of voting trust certificates for shares. [1986 c 279 §
32.]
(2008 Ed.)
30.12.040
30.12.030 Fidelity bonds—Casualty insurance. (1)
Except as otherwise permitted by the director under specified
terms and conditions, the board of directors of each bank and
trust company shall direct and require good and sufficient
surety company fidelity bonds issued by a company authorized to engage in the insurance business in the state of Washington on all active officers and employees, whether or not
they draw salary or compensation, which bonds shall provide
for indemnity to such bank or trust company, on account of
any losses sustained by it as the result of any dishonest, fraudulent or criminal act or omission committed or omitted by
them acting independently or in collusion or combination
with any person or persons. Such bonds may be individual,
schedule or blanket form, and the premiums therefor shall be
paid by the bank or trust company.
(2) The said directors shall also direct and require suitable insurance protection to the bank or trust company
against burglary, robbery, theft and other similar insurance
hazards to which the bank or trust company may be exposed
in the operations of its business on the premises or elsewhere.
The said directors shall be responsible for prescribing at
least once in each year the amount or penal sum of such
bonds or policies and the sureties or underwriters thereon,
after giving due consideration to all known elements and factors constituting such risk or hazard. Such action shall be
recorded in the minutes of the board of directors. [1994 c 92
§ 63; 1986 c 279 § 33; 1955 c 33 § 30.12.030. Prior: 1947 c
132 § 1; 1927 c 224 § 1; 1917 c 80 § 32; Rem. Supp. 1947 §
3239.]
30.12.030
30.12.040 Removal of delinquent officer or employee
or prohibiting participation in bank or trust company
affairs—Grounds—Notice. The director may serve upon a
director, officer, or employee of any bank or trust company a
written notice of the director’s intention to remove the person
from office or to prohibit the person from participation in the
conduct of the affairs of the bank or trust company, or both,
whenever:
(1) In the opinion of the director any director, officer, or
employee of any bank or trust company has committed or
engaged in:
(a) Any violation of law or rule or of a cease and desist
order which has become final;
(b) Any unsafe or unsound practice in connection with
the bank or trust company; or
(c) Any act, omission, or practice which constitutes a
breach of his or her fiduciary duty as director, officer, or
employee; and
(2) The director determines that:
(a) The bank or trust company has suffered or may suffer
substantial financial loss or other damage; or
(b) The interests of its depositors could be seriously prejudiced by reason of the violation or practice or breach of
fiduciary duty; and
(c) The violation or practice or breach of fiduciary duty
is one involving personal dishonesty, recklessness, or incompetence on the part of the director, officer, or employee.
[1994 c 92 § 64; 1977 ex.s. c 178 § 5; 1955 c 33 § 30.12.040.
Prior: 1933 c 42 § 1; 1917 c 80 § 10; RRS § 3217.]
30.12.040
Severability—1977 ex.s. c 178: See note following RCW 30.04.450.
[Title 30 RCW—page 27]
30.12.042
Title 30 RCW: Banks and Trust Companies
30.12.042 Removal of delinquent officer or employee
or prohibiting participation in bank or trust company
affairs—Notice contents—Hearing—Order of removal or
prohibition. A notice of an intention to remove a director,
officer, or employee from office or to prohibit his or her participation in the conduct of the affairs of a bank or trust company shall contain a statement of the facts which constitute
grounds therefor and shall fix a time and place at which a
hearing will be held. The hearing shall be set not earlier than
ten days nor later than thirty days after the date of service of
the notice unless an earlier or later date is set by the director
at the request of the director, officer, or employee for good
cause shown or of the attorney general of the state.
Unless the director, officer, or employee appears at the
hearing personally or by a duly authorized representative, the
person shall be deemed to have consented to the issuance of
an order of removal or prohibition or both. In the event of
such consent or if upon the record made at the hearing the
director finds that any of the grounds specified in the notice
have been established, the director may issue such orders of
removal from office or prohibition from participation in the
conduct of the affairs of the bank or trust company as the
director may consider appropriate.
Any order shall become effective at the expiration of ten
days after service upon the bank and the director, officer, or
employee concerned except that an order issued upon consent
shall become effective at the time specified in the order.
An order shall remain effective except to the extent it is
stayed, modified, terminated, or set aside by the director or a
reviewing court. [1994 c 92 § 65; 1977 ex.s. c 178 § 6.]
30.12.042
Severability—1977 ex.s. c 178: See note following RCW 30.04.450.
30.12.044 Removal of delinquent officer or employee
or prohibiting participation in bank or trust company
affairs—Effect upon quorum—Procedure. If at any time
because of the removal of one or more directors under this
chapter there shall be on the board of directors of a bank or
trust company less than a quorum of directors, all powers and
functions vested in or exercisable by the board shall vest in
and be exercisable by the director or directors remaining until
such time as there is a quorum on the board of directors. If all
of the directors of a bank or trust company are removed under
this chapter, the director shall appoint persons to serve temporarily as directors until such time as their respective successors take office. [1994 c 92 § 66; 1977 ex.s. c 178 § 7.]
30.12.044
Severability—1977 ex.s. c 178: See note following RCW 30.04.450.
30.12.045 Removal of delinquent officer or employee
or prohibiting participation in bank or trust company
affairs—Administrative hearing—Judicial review. See
RCW 30.04.470.
30.12.045
30.12.046 Removal of delinquent officer or employee
or prohibiting participation in bank or trust company
affairs—Jurisdiction of courts in enforcement or issuance
of orders, injunctions or judicial review. See RCW
30.04.475.
30.12.046
30.12.047 Removal of delinquent officer or employee
or prohibiting participation in bank or trust company
30.12.047
[Title 30 RCW—page 28]
affairs—Violation of final order—Penalty. Any present or
former director, officer, or employee of a bank or trust company or any other person against whom there is outstanding
an effective final order served upon the person and who participates in any manner in the conduct of the affairs of the
bank or trust company involved; or who directly or indirectly
solicits or procures, transfers or attempts to transfer, or votes
or attempts to vote any proxies, consents, or authorizations
with respect to any voting rights in the bank or trust company; or who, without the prior approval of the director, votes
for a director or serves or acts as a director, officer, employee,
or agent of any bank or trust company shall upon conviction
for a violation of any order, be guilty of a gross misdemeanor
punishable as prescribed under chapter 9A.20 RCW, as now
or hereafter amended. [1994 c 92 § 67; 1977 ex.s. c 178 §
10.]
Severability—1977 ex.s. c 178: See note following RCW 30.04.450.
30.12.060
30.12.060 Loans to officers or employees. (1) Any
bank or trust company shall be permitted to make loans to
any employee of such corporation, or to purchase, discount or
acquire, as security or otherwise, the obligation or debt of any
employee to any other person, to the same extent as if the
employee were in no way connected with the corporation.
Any bank or trust company shall be permitted to make loans
to any officer of such corporation, or to purchase, discount or
acquire, as security or otherwise, the obligation or debt of any
officer to any other person: PROVIDED, That the total value
of the loans made and obligation acquired for any one officer
shall not exceed such amount as shall be prescribed by the
director pursuant to regulations adopted in accordance with
the Administrative Procedure Act, chapter 34.05 RCW, as
now or hereafter amended: AND PROVIDED FURTHER,
That no such loan shall be made, or obligation acquired, in
excess of five percent of a bank’s capital and unimpaired surplus or twenty-five thousand dollars, whichever is larger,
unless a resolution authorizing the same shall be adopted by
a vote of a majority of the board of directors of such corporation prior to the making of such loan or discount, and such
vote and resolution shall be entered in the corporate minutes.
In no event shall the loan or obligation acquired exceed five
hundred thousand dollars in the aggregate without prior
approval by a majority of the corporation’s board of directors. No loan in excess of five percent of a bank’s capital and
unimpaired surplus or twenty-five thousand dollars, whichever is larger, shall be made by any bank or trust company to
any director of such corporation nor shall the note or obligation in excess of five percent of a bank’s capital and unimpaired surplus or twenty-five thousand dollars, whichever is
larger, of such director be discounted by any such corporation, or by any officer or employee thereof in its behalf,
unless a resolution authorizing the same shall be adopted by
a vote of a majority of the entire board of directors of such
corporation exclusive of the vote of such interested director,
and such vote and resolution shall be entered in the corporate
minutes. In no event may the loan or obligation acquired
exceed five hundred thousand dollars in the aggregate without prior approval by a majority of the corporation’s board of
directors.
(2008 Ed.)
Officers, Employees, and Stockholders
Each bank or trust company shall at such times and in
such form as may be required by the director, report to the
director all outstanding loans to directors of such bank or
trust company.
The amount of any endorsement or agreement of suretyship or guaranty of any such director to the corporation shall
be construed to be a loan within the provisions of this section.
Any modification of the terms of an existing obligation
(excepting only such modifications as merely extend or
renew the indebtedness) shall be construed to be a loan within
the meaning of this section.
(2) "Unimpaired surplus," as used in this section, consists of the sum of the following amounts:
(a) Fifty percent of the reserve for possible loan losses;
(b) Subordinated notes and debentures;
(c) Surplus;
(d) Undivided profits; and
(e) Reserve for contingencies and other capital reserves,
excluding accrued dividends on preferred stock. [1994 c 92
§ 69; 1985 c 305 § 6; 1969 c 136 § 5; 1959 c 165 § 1; 1955 c
33 § 30.12.060. Prior: 1947 c 147 § 1, part; 1933 c 42 § 22,
part; 1917 c 80 § 52, part; Rem. Supp. 1947 § 3259, part.]
30.12.070
30.12.070 Unsafe loans and discounts to directors.
The director may at any time, if in his or her judgment excessive, unsafe or improvident loans are being made or are likely
to be made by a bank or trust company to any of its directors,
or to any corporation, copartnership or association of which
such director is a stockholder, member, co-owner, or in
which such director is financially interested, or like discounts
of the notes or obligations of any such director, corporation,
copartnership or association are being made or are likely to
be made, require such bank or trust company to submit to him
or her for approval all proposed loans to, or discounts of the
note or obligation of, any such director, corporation, copartnership or association, and thereafter such proposed loans
and discounts shall be reported upon such forms and with
such information concerning the desirability and safety of
such loans or discounts and of the responsibility and financial
condition of the person, corporation, copartnership or association to whom such loan is to be made or whose note or obligation is to be discounted and of the amount and value of any
collateral that may be offered as security therefor, as the
director may require, and no such loan or discount shall be
made without his or her written approval thereon. [1994 c 92
§ 70; 1955 c 33 § 30.12.070. Prior: 1947 c 147 § 1, part; 1933
c 42 § 22, part; 1917 c 80 § 52, part; Rem. Supp. 1947 § 3259,
part.]
30.12.090
30.12.090 False entries, statements, etc.—Penalty.
Every person who shall knowingly subscribe to or make or
cause to be made any false statement or false entry in the
books of any bank or trust company or shall knowingly subscribe to or exhibit any false or fictitious paper or security,
instrument or paper, with the intent to deceive any person
authorized to examine into the affairs of any bank or trust
company or shall make, state or publish any false statement
of the amount of the assets or liabilities of any bank or trust
company is guilty of a class B felony punishable according to
(2008 Ed.)
30.12.115
chapter 9A.20 RCW. [2003 c 53 § 186; 1955 c 33 §
30.12.090. Prior: 1917 c 80 § 56; RRS § 3263.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
30.12.100
30.12.100 Destroying or secreting records—Penalty.
Every officer, director or employee or agent of any bank or
trust company who, for the purpose of concealing any fact or
suppressing any evidence against himself or herself, or
against any other person, abstracts, removes, mutilates,
destroys or secretes any paper, book or record of any bank or
trust company, or of the director, or of anyone connected with
his or her office, is guilty of a class B felony punishable
according to chapter 9A.20 RCW. [2003 c 53 § 187; 1994 c
92 § 71; 1955 c 33 § 30.12.100. Prior: 1917 c 80 § 56; RRS
§ 3264.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
30.12.110
30.12.110 Commission, etc., for procuring loan—
Penalty. No officer, director, agent, employee or stockholder of any bank or trust company shall, directly or indirectly, receive a bonus, commission, compensation, remuneration, gift, speculative interest or gratuity of any kind from
any person, firm or corporation other than the bank or as
allowed by RCW 30.12.115 for granting, procuring or
endeavoring to procure, for any person, firm or corporation,
any loan by or out of the funds of such bank or trust company
or the purchase or sale of any securities or property for or on
account of such bank or trust company or for granting or procuring permission for any person, firm or corporation to overdraw any account with such bank or trust company. Any person violating this section shall be guilty of a gross misdemeanor. [1986 c 279 § 35; 1955 c 33 § 30.12.110. Prior:
1919 c 209 § 20; RRS § 3290.]
30.12.115
30.12.115 Transactions in which director or officer
has an interest. (1) If a transaction is fair to a corporation at
the time it is authorized, approved, or ratified, the fact that a
director or an officer had a direct or indirect interest in the
transaction is not grounds for either invalidating the transaction or imposing liability on the director or officer.
(2) In any proceeding seeking to invalidate a transaction
with the corporation in which a director or an officer had a
direct or indirect interest in a transaction with the corporation, the person asserting the validity of the transaction has
the burden of proving fairness unless:
(a) The material facts of the transaction and the director’s or officer’s interest was disclosed or known to the board
of directors, or a committee of the board, and the board or
committee authorized, approved, or ratified the transaction;
or
(b) The material facts of the transaction and the director’s or officer’s interest was disclosed or known to the shareholders entitled to vote, and they authorized, approved, or ratified the transaction.
(3) For purposes of this section, a director or an officer of
a corporation has an indirect interest in a transaction with the
corporation if:
[Title 30 RCW—page 29]
30.12.120
Title 30 RCW: Banks and Trust Companies
(a) Another entity in which the director or officer has a
material financial interest, or in which such person is a general partner, is a party to the transaction; or
(b) Another entity of which the director or officer is a
director, officer, or trustee is a party to the transaction, and
the transaction is or should be considered by the board of
directors of the corporation.
(4) For purposes of subsection (3)(a) of this section, a
transaction is authorized, approved, or ratified only if it
receives the affirmative vote of a majority of the directors on
the board of directors or on the committee who have no direct
or indirect interest in the transaction. If a majority of the
directors who have no direct or indirect interest in the transaction vote to authorize, approve, or ratify the transaction, a
quorum is present for the purpose of taking action under this
section. The presence of, or a vote cast by, a director with a
direct or indirect interest in the transaction does not affect the
validity of any action taken under subsection (3)(a) of this
section if the transaction is otherwise authorized, approved,
or ratified as provided in that subsection.
(5) For purposes of subsection (3)(b) of this section, a
transaction is authorized, approved, or ratified only if it
receives the vote of a majority of shares entitled to be counted
under this subsection. All outstanding shares entitled to vote
under this title or the articles of incorporation are entitled to
be counted under this subsection except shares owned by or
voted under the control of a director or an officer who has a
direct or indirect interest in the transaction. Shares owned by
or voted under the control of an entity described in subsection
(3)(a) of this section shall not be counted to determine
whether shareholders have authorized, approved, or ratified a
transaction for purposes of subsection (3)(b) of this section.
The vote of the shares owned by or voted under the control of
a director or an officer who has a direct or indirect interest in
the transaction and shares owned by or voted under the control of an entity described in subsection (3)(a) of this section,
however, shall be counted in determining whether the transaction is approved under other sections of this title and for
purposes of determining a quorum. [1986 c 279 § 36.]
30.12.120 Loans to officers or employees from trust
funds—Penalty. No corporation doing a trust business shall
make any loan to any officer, or employee from its trust
funds, nor shall it permit any officer, or employee to become
indebted to it in any way out of its trust funds. Every officer,
director, or employee of any such corporation, who knowingly violates this section, or who aids or abets any other person in any such violation, is guilty of a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 188;
1955 c 33 § 30.12.120. Prior: 1917 c 80 § 53; RRS § 3260.]
30.12.120
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
30.12.130 Trust company as legal representative—
Oath by officer. When any trust company shall be appointed
executor, administrator, or trustee of any estate or guardian of
the estate of any infant or other incompetent, it shall be lawful
for any duly authorized officer of such corporation to take
and subscribe for such corporation any and all oaths or affirmations required of such an appointee. [1955 c 33 §
30.12.130. Prior: 1917 c 80 § 50; RRS § 3257.]
30.12.130
[Title 30 RCW—page 30]
30.12.180
30.12.180 Levy of assessments. Whenever the director
shall notify the board of directors of a bank or trust company
to levy an assessment upon the stock of such corporation and
the holders of two-thirds of the stock shall consent thereto,
such board shall, within ten days from the issuance of such
notice, adopt a resolution for the levy of such assessment, and
shall immediately upon the adoption of such resolution serve
notice upon each stockholder, personally or by mail, at his or
her last known address, to pay such assessment; and that if
the same be not paid within twenty days from the date of the
issuance of such notice, his or her stock will be subject to sale
and all amounts previously paid thereon shall be subject to
forfeiture. If any stockholder fail within said twenty days to
pay the assessment as provided in this section, it shall be the
duty of the board of directors to cause a sufficient amount of
the capital stock of such stockholder to be sold to make good
the deficiency. The sale shall be held at such time and place
as shall be designated by the board of directors and shall be
either public or private, as the board shall deem best. At any
time after the expiration of sixty days from the expiration of
said twenty-day period the director may require any stock
upon which the assessment remains unpaid to be canceled
and deducted from the capital of the corporation. If such cancellation shall reduce the capital of the corporation below the
minimum required by this title or its articles of incorporation
the capital shall, within thirty days thereafter be increased to
the required amount by original subscription, in default of
which the director may take possession of such corporation in
the manner provided by law in case of insolvency. [1994 c 92
§ 72; 1955 c 33 § 30.12.180. Prior: 1923 c 115 § 8; 1917 c 80
§ 34; RRS § 3241.]
30.12.190
30.12.190 General penalty—Effect of conviction.
Every person who shall violate, or knowingly aid or abet the
violation of any provision of RCW 30.04.010, 30.04.030,
30.04.050, 30.04.060, 30.04.070, 30.04.075, 30.04.111,
30.04.120, 30.04.130, 30.04.180, 30.04.210, 30.04.220,
30.04.280, *30.04.290, 30.04.300, 30.08.010, 30.08.020,
30.08.030, 30.08.040, 30.08.050, 30.08.060, 30.08.080,
30.08.090, 30.08.095, **30.08.110, ***30.08.120,
30.08.140, 30.08.150, 30.08.160, 30.08.180, 30.08.190,
30.12.010, 30.12.020, 30.12.030, 30.12.060, 30.12.070,
30.12.130, 30.12.180, 30.12.190, 30.16.010, 30.20.060,
****30.40.010, 30.44.010, 30.44.020, 30.44.030, 30.44.040,
30.44.050, 30.44.060, 30.44.070, 30.44.080, 30.44.090,
30.44.100, 30.44.130, 30.44.140, 30.44.150, 30.44.160,
30.44.170, 30.44.240, 30.44.250, *****43.19.020,
43.19.030, 43.19.050, and 43.19.090, and every person who
fails to perform any act which it is therein made his duty to
perform, shall be guilty of a misdemeanor. No person who
has been convicted for the violation of the banking laws of
this or any other state or of the United States shall be permitted to engage in or become an officer or official of any bank
or trust company organized and existing under the laws of
this state. [1989 c 220 § 2; 1983 c 3 § 47; 1955 c 33 §
30.12.190. Prior: 1919 c 209 § 18; 1917 c 80 § 80; RRS §
3287.]
Reviser’s note: *(1) RCW 30.04.290 was repealed by 1994 c 256 §
124, without cognizance of its amendment by 1994 c 92 § 27. It has been
decodified for publication purposes pursuant to RCW 1.12.025. RCW
30.04.290 was subsequently repealed by 1997 c 101 § 7.
(2008 Ed.)
Deposits
**(2) RCW 30.08.110 was repealed by 1994 c 256 § 124.
***(3) RCW 30.08.120 was repealed by 1994 c 256 § 124, without
cognizance of its amendment by 1994 c 92 § 57. It has been decodified for
publication purposes pursuant to RCW 1.12.025. RCW 30.08.120 was subsequently repealed by 1997 c 101 § 7.
****(4) RCW 30.40.010 was decodified September 1996.
*****(5) RCW 43.19.020, 43.19.030, 43.19.050, and 43.19.090 were
recodified as RCW 43.320.060, 43.320.070, 43.320.080, and 43.320.100,
respectively, pursuant to 1993 c 472 § 30, effective October 1, 1993.
30.12.205 Stock purchase options—Incentive bonus
contracts, stock purchase or bonus plans, and profit sharing plans. Subject to any restrictions in its articles of incorporation and in accordance with and subject to the provisions
of RCW 30.08.088, the board of directors of a bank or trust
company may grant options entitling the holders thereof to
purchase from the corporation shares of any class of its stock.
The instrument evidencing the option shall state the terms
upon which, the time within which, and the price at which
such shares may be purchased from the corporation upon the
exercise of such option. If any such options are granted by
contract, or are to be granted pursuant to a plan, to officers or
employees of the bank or trust company, then the contract or
the plan shall require the approval, within twelve months of
its approval by the board of directors, of the holders of a
majority of its voting capital stock. Subsequent amendments
to any such contract or plan which do not change the price or
duration of any option, the maximum number of shares which
may be subject to options, or the class of employees eligible
for options may be made by the board of directors without
further shareholder approval.
Subject to any restrictions in its articles of incorporation,
the board of directors of a bank or trust company shall have
the authority to enter into any plans or contracts providing for
compensation for its officers and employees, including, but
not being limited to, incentive bonus contracts, stock purchase or bonus plans and profit sharing plans. [1986 c 279 §
37.]
30.20.060
such facts and circumstances constitute such violations, then
each director who participated in or assented to the violation
is personally and individually liable for all damages which
the state or any insurer of the deposits sustains due to the violation. [1994 c 92 § 73; 1989 c 180 § 7.]
Chapter 30.16
30.12.205
30.12.220 Preemptive rights of shareholders to
acquire unissued shares—Articles of incorporation may
limit or permit—Later acquisition. The articles of incorporation of any bank or trust company organized under this
title may limit or permit the preemptive rights of a shareholder to acquire unissued shares of the corporation and may
thereafter by amendment limit, deny, or grant to shareholders
of any class of stock the preemptive right to acquire additional shares of the corporation whether then or thereafter
authorized. [1979 c 106 § 8.]
30.12.220
30.12.230 Immunity of shareholders of bank insured
by the federal deposit insurance corporation. The shareholders of a banking corporation organized under the laws of
this state and the deposits of which are insured by the federal
deposit insurance corporation shall not be liable for any debts
or obligations of the bank. [1986 c 279 § 50.]
30.12.230
30.12.240 Violations—Director liability. If the directors of any bank shall knowingly violate, or knowingly permit any of the officers, agents, or servants of the bank to violate any of the provisions of this title or any lawful regulation
or directive of the director, and if the directors are aware that
30.12.240
(2008 Ed.)
Chapter 30.16 RCW
CHECKS
Sections
30.16.010
Certification—Effect—Penalty.
Negotiable instruments: Title 62A RCW.
30.16.010 Certification—Effect—Penalty. No director, officer, agent or employee of any bank or trust company
shall certify a check unless the amount thereof actually stands
to the credit of the drawer on the books of such corporation
and when certified must be charged to the account of the
drawer. Every violation of this provision shall be a gross misdemeanor. Any such check so certified by a duly authorized
person shall be a good and valid obligation of the bank or
trust company in the hands of an innocent holder. [1955 c 33
§ 30.16.010. Prior: 1917 c 80 § 44; RRS § 3251.]
30.16.010
Chapter 30.20
Chapter 30.20 RCW
DEPOSITS
Sections
30.20.005
30.20.025
30.20.060
30.20.090
Deposits by individuals governed by chapter 30.22 RCW.
Receipt for deposits—Contents.
Deposits and accounts—Regulations—Passbooks or
records—Deposit contract.
Adverse claim to a deposit to be accompanied by court order
or bond—Exceptions.
Payment to slayers: RCW 11.84.110.
Receiving deposits after insolvency prohibited: State Constitution Art. 12 §
12.
30.20.005 Deposits by individuals governed by chapter 30.22 RCW. Deposits made by individuals in a national
bank, state bank, trust company, or other banking institution
subject to the supervision of the director are governed by
chapter 30.22 RCW. [1994 c 92 § 74; 1981 c 192 § 23.]
30.20.005
Effective date—1981 c 192: See RCW 30.22.900.
30.20.025 Receipt for deposits—Contents. Each person making a deposit in a bank or trust company shall be
given a receipt that shall show or in conjunction with the
deposit slip can be used to trace the name of the bank or trust
company, the name of the account, the account number, the
date, and the amount deposited. If specifically requested by
the depositor when making the deposit, the receipt must
expressly show the name of the bank or trust company, the
date, the amount deposited, plus either the name of the
account or the account number or both the name of the
account and the account number. [1985 c 305 § 2. Formerly
RCW 30.04.085.]
30.20.025
30.20.060 Deposits and accounts—Regulations—
Passbooks or records—Deposit contract. A bank or trust
company shall repay all deposits to the depositor or his or her
30.20.060
[Title 30 RCW—page 31]
30.20.090
Title 30 RCW: Banks and Trust Companies
lawful representative when required at such time or times and
with such interest as the regulations of the corporation shall
prescribe. These regulations shall be prescribed by the directors of the bank or trust company and may contain provisions
with respect to the terms and conditions upon which any
account or deposit will be maintained by the bank or trust
company. These regulations and any amendments shall be
available to depositors on request, and shall be posted in a
conspicuous place in the principal office and each branch in
this state or, if the regulations and any amendments are not so
posted, a description of changes in the regulations after an
account is opened shall be mailed to depositors pursuant to 12
U.S.C. Sec. 4305(c) or otherwise. All these rules and regulations and all amendments shall be binding upon all depositors. At the option of the bank, a passbook shall be issued to
each savings account depositor, or a record maintained in lieu
of a passbook. A deposit contract may be adopted by the bank
or trust company in lieu of or in addition to account rules and
regulations and shall be enforceable and amendable in the
same manner as account rules and regulations or as provided
in the deposit contract. A copy of the contract shall be provided to the depositor. [1996 c 2 § 8; 1986 c 279 § 38; 1961
c 280 § 3; 1959 c 106 § 5; 1955 c 33 § 30.20.060. Prior: 1945
c 69 § 1; 1935 c 93 § 1; 1917 c 80 § 38; Rem. Supp. 1945 §
3244a.]
Severability—1996 c 2: See RCW 30.38.900.
30.20.090
30.20.090 Adverse claim to a deposit to be accompanied by court order or bond—Exceptions. Notice to any
national bank, state bank, trust company, mutual savings
bank or bank under the supervision of the director, doing
business in this state of an adverse claim to a deposit standing
on its books to the credit of any person may be disregarded
without liability by said bank or trust company unless said
adverse claimant shall also either procure a restraining order,
injunction or other appropriate process against said bank or
trust company from a court of competent jurisdiction in a
cause therein instituted by him or her wherein the person to
whose credit the deposit stands is made a party and served
with summons or shall execute to said bank or trust company,
in form and with sureties acceptable to it, a bond, in an
amount which is double either the amount of said deposit or
said adverse claim, whichever is the lesser, indemnifying said
bank or trust company from any and all liability, loss, damage, costs and expenses, for and on account of the payment of
such adverse claim or the dishonor of the check or other order
of the person to whose credit the deposit stands on the books
of said bank or trust company: PROVIDED, That where the
person to whose credit the deposit stands is a fiduciary for
such adverse claimant, and the facts constituting such relationship, and also the facts showing reasonable cause of
belief on the part of said claimant that the said fiduciary is
about to misappropriate said deposit, are made to appear by
the affidavit of such claimant, the bank or trust company shall
without liability refuse to deliver such property for a period
of not more than five business days from the date that the
bank received the adverse claimant’s affidavit, without liability for the sufficiency or truth of the facts alleged in the affidavit, after which time the claim shall be treated as any other
claim under this section.
[Title 30 RCW—page 32]
This section shall not apply to accounts subject to chapter 30.22 RCW. [1994 c 92 § 75; 1981 c 192 § 25; 1979 c 143
§ 1; 1961 c 280 § 4.]
Effective date—1981 c 192: See RCW 30.22.900.
Chapter 30.22 RCW
FINANCIAL INSTITUTION INDIVIDUAL
ACCOUNT DEPOSIT ACT
Chapter 30.22
Sections
30.22.010
30.22.020
30.22.030
30.22.040
30.22.041
30.22.050
30.22.060
30.22.070
30.22.080
30.22.090
30.22.100
30.22.110
30.22.120
30.22.130
30.22.140
30.22.150
30.22.160
30.22.170
30.22.180
30.22.190
30.22.200
30.22.210
30.22.220
30.22.230
30.22.240
30.22.245
30.22.250
30.22.900
30.22.901
Short title.
Purposes.
Construction.
Definitions.
Definitions.
Types of accounts which financial institution may establish.
Requirements of contract of deposit.
Accounts of minors and incompetents.
Accounts of married persons.
Ownership of funds during lifetime of depositor.
Ownership of funds after death of a depositor.
Controversies between owners.
Right to rely on form of account—Discharge of financial institutions.
Rights as between individuals preserved.
Payment of funds to a depositor.
Payment to minors and incompetents.
Payment to trust and P.O.D. account beneficiaries.
Payment to agents of depositors.
Payment to personal representatives.
Payment to heirs and creditors of a deceased depositor.
Payment to foreign personal representative—Release of financial institution.
Authority to withhold payment.
Adverse claim bond.
Authority to charge a customer for furnishing items or copies
of items.
Records—Disclosure—Requests by law enforcement—Fees.
Records—Admission as evidence—Certificate.
No duty to request information.
Effective date—1981 c 192.
Severability—1995 c 186.
30.22.010 Short title. This chapter shall be known and
may be cited as the financial institution individual account
deposit act. [1981 c 192 § 1.]
30.22.010
30.22.020 Purposes. The purposes of this chapter are:
(1) To provide a consistent law applicable to all financial
institutions authorized to accept deposits from individuals
with respect to payments by the institutions to individuals
claiming rights to the deposited funds; and
(2) To qualify and simplify the law concerning the
respective ownership interests of individuals to funds held on
deposit by financial institutions, both as to the relationship
between the individual depositors and beneficiaries of an
account, and to the financial institution-depositor-beneficiary
relationships; and
(3) To simplify and make consistent the law pertaining to
payments by financial institutions of deposited funds both
before and after the death of a depositor or depositors, including provisions for the validity and effect of certain nontestamentary transfers of deposits upon the death of one or more
depositors. [1981 c 192 § 2.]
30.22.020
30.22.030 Construction. When construing sections and
provisions of this chapter, the sections and provisions shall:
(1) Be liberally construed and applied to promote the
purposes of the chapter; and
30.22.030
(2008 Ed.)
Financial Institution Individual Account Deposit Act
(2) Be considered part of a general act which is intended
as unified coverage of the subject matter, and no part of the
chapter shall be deemed impliedly repealed by subsequent
legislation if such construction can be reasonably avoided;
and
(3) Not be held invalid because of the invalidity of other
sections or provisions of the chapter as long as the section or
provision in question can be given effect without regard to
the invalid section or provision, and to this end the sections
and provisions of this chapter are declared to be severable;
and
(4) Not be construed by reference to section or subsection headings as used in the chapter since these do not constitute any part of the law; and
(5) Not be deemed to alter the community or separate
property nature of any funds held on deposit by a financial
institution or any individual’s community or separate property rights thereto, and a depositor’s community and/or separate property rights to funds on deposit shall not be affected
by the form of the account; and
(6) Not be construed as authorizing or extending the
authority of any financial institution to accept deposits or to
permit a financial institution to accept deposits from such
persons or entities or upon such terms as would contravene
any other applicable federal or state law. [1981 c 192 § 3.]
30.22.040 Definitions. Unless the context of this chapter otherwise requires, the terms contained in this section
have the meanings indicated.
(1) "Account" means a contract of deposit between a
depositor or depositors and a financial institution; the term
includes a checking account, savings account, certificate of
deposit, savings certificate, share account, savings bond, and
other like arrangements.
(2) "Actual knowledge" means written notice to a manager of a branch of a financial institution, or an officer of the
financial institution in the course of his employment at the
branch, pertaining to funds held on deposit in an account
maintained by the branch received within a period of time
which affords the financial institution a reasonable opportunity to act upon the knowledge.
(3) "Individual" means a human being; "person" includes
an individual, corporation, partnership, limited partnership,
joint venture, trust, or other entity recognized by law to have
separate legal powers.
(4) "Agent" means a person designated by a depositor or
depositors in a contract of deposit or other document to have
the authority to deposit and to make payments from an
account in the name of the depositor or depositors.
(5) "Agency account" means an account to which funds
may be deposited and from which payments may be made by
an agent designated by a depositor. In the event there is more
than one depositor named on an account, each depositor may
designate the same or a different agent for the purpose of
depositing to or making payments of funds from a depositor’s
account.
(6) "Single account" means an account in the name of
one depositor only.
(7) "Joint account without right of survivorship" means
an account in the name of two or more depositors and which
30.22.040
(2008 Ed.)
30.22.040
contains no provision that the funds of a deceased depositor
become the property of the surviving depositor or depositors.
(8) "Joint account with right of survivorship" means an
account in the name of two or more depositors and which
provides that the funds of a deceased depositor become the
property of one or more of the surviving depositors.
(9) "Trust and P.O.D. accounts" means accounts payable
on request to a depositor during the depositor’s lifetime, and
upon the depositor’s death to one or more designated beneficiaries, or which are payable to two or more depositors during their lifetimes, and upon the death of all depositors to one
or more designated beneficiaries. The term "trust account"
does not include deposits by trustees or other fiduciaries
where the trust or fiduciary relationship is established other
than by a contract of deposit with a financial institution.
(10) "Trust or P.O.D. account beneficiary" means a person or persons, other than a codepositor, who has or have
been designated by a depositor or depositors to receive the
depositor’s funds remaining in an account upon the death of
a depositor or all depositors.
(11) "Depositor", when utilized in determining the rights
of individuals to funds in an account, means an individual
who owns the funds. When utilized in determining the rights
of a financial institution to make or withhold payment, and/or
to take any other action with regard to funds held under a contract of deposit, "depositor" means the individual or individuals who have the current right to payment of funds held
under the contract of deposit without regard to the actual
rights of ownership thereof by these individuals. A trust or
P.O.D. account beneficiary becomes a depositor only when
the account becomes payable to the beneficiary by reason of
having survived the depositor or depositors named on the
account, depending upon the provisions of the contract of
deposit.
(12) "Financial institution" means a bank, trust company,
mutual savings bank, savings and loan association, or credit
union authorized to do business and accept deposits in this
state under state or federal law.
(13) "Depositor’s funds" or "funds of a depositor" means
the amount of all deposits belonging to or made for the benefit of a depositor, less all withdrawals of the funds by the
depositor or by others for the depositor’s benefit, plus the
depositor’s prorated share of any interest or dividends
included in the current balance of the account and any proceeds of deposit life insurance added to the account by reason
of the death of a depositor.
(14) "Payment(s)" of sums on deposit includes withdrawal, payment by check or other directive of a depositor or
his agent, any pledge of sums on deposit by a depositor or his
agent, any set-off or reduction or other disposition of all or
part of an account balance, and any payments to any person
under RCW 30.22.120, 30.22.140, 30.22.150, 30.22.160,
30.22.170, 30.22.180, 30.22.190, 30.22.200, and 30.22.220.
(15) "Proof of death" means a certified or authenticated
copy of a death certificate, or photostatic copy thereof, purporting to be issued by an official or agency of the jurisdiction where the death purportedly occurred, or a certified or
authenticated copy of a record or report of a governmental
agency, domestic or foreign, that a person is dead. In either
case, the proofs constitute prima facie proof of the fact, place,
date, and time of death, and identity of the decedent and the
[Title 30 RCW—page 33]
30.22.041
Title 30 RCW: Banks and Trust Companies
status of the dates, circumstances, and places disclosed by the
record or report.
(16) "Request" means a request for withdrawal, or a
check or order for payment, which complies with all conditions of the account, including special requirements concerning necessary signatures and regulations of the financial institution; but if the financial institution conditions withdrawal
or payment on advance notice, for purposes of this chapter
the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as
a request for withdrawal.
(17) "Withdrawal" means payment to a person pursuant
to check or other directive of a depositor. [1981 c 192 § 4.]
Powers of attorney or agent in probate and trust banking transactions:
RCW 11.94.030.
30.22.041 Definitions. The definitions in this section
apply throughout this section and RCW 30.22.240 and
30.22.245.
(1) "Customer" means any person, partnership, limited
partnership, corporation, trust, or other legal entity that is
transacting or has transacted business with a financial institution, that is using or has used the services of an institution, or
for which a financial institution has acted or is acting as a
fiduciary.
(2) "Financial institution" means state and national banks
and trust companies, state and federal savings banks, state
and federal savings and loan associations, and state and federal credit unions.
(3) "Law enforcement officer" means an employee of a
public law enforcement agency organized under the authority
of a county, city, or town and designated to obtain deposit
account information by the chief law enforcement officer of
that agency. [1995 c 186 § 1.]
30.22.041
30.22.050 Types of accounts which financial institution may establish. The types of accounts in which funds
may be deposited with a financial institution include, but are
not limited to, the following:
(1) A single account;
(2) A joint account without right of survivorship;
(3) A joint account with right of survivorship;
(4) An agency account;
(5) A trust or P.O.D. account; and
(6) Any compatible combination of the foregoing.
In each case, the type of account shall be determined by
the terms of the contract of deposit between the depositor and
the financial institution. The financial institution shall
describe to a potential depositor the various types of accounts
available. [1981 c 192 § 5.]
30.22.050
30.22.060 Requirements of contract of deposit. The
contract of deposit shall be in writing and signed by all individuals who have a current right to payment of funds from an
account. The designation of an agent, or trust or P.O.D.
account beneficiary by a depositor of a joint account without
right of survivorship, or the designation of an agent by a
depositor of a joint account with right of survivorship or by a
depositor of a trust or P.O.D. account does not require the signature of a codepositor. A financial institution may insert
30.22.060
[Title 30 RCW—page 34]
such additional terms and conditions in a contract of deposit
as it deems appropriate. [1981 c 192 § 6.]
30.22.070 Accounts of minors and incompetents. A
minor or incompetent may enter into a valid and enforceable
contract of deposit with the financial institution and any
account in the name of a minor or incompetent shall, in the
absence of clear and convincing evidence of a different intention at the time it is created, be held for the exclusive right
and benefit of the minor or incompetent free from the control
of all other persons. [1981 c 192 § 7.]
30.22.070
30.22.080 Accounts of married persons. A financial
institution may enter into a contract of deposit without regard
to whether the depositor is married and without regard as to
whether the funds on deposit are the community or separate
property of the depositor. [1981 c 192 § 8.]
30.22.080
30.22.090 Ownership of funds during lifetime of
depositor. Subject to community property rights, during the
lifetime of a depositor, or the joint lifetimes of depositors:
(1) Funds on deposit in a single account belong to the
depositor.
(2) Funds on deposit in a joint account without right of
survivorship and in a joint account with right of survivorship
belong to the depositors in proportion to the net funds owned
by each depositor on deposit in the account, unless the contract of deposit provides otherwise or there is clear and convincing evidence of a contrary intent at the time the account
was created.
(3) Funds on deposit in a trust or P.O.D. account belong
to the depositor and not to the trust or P.O.D. account beneficiary or beneficiaries; if two or more depositors are named on
the trust or P.O.D. account, their rights of ownership to the
funds on deposit in the account are governed by subsection
(2) of this section.
(4) Ownership of funds on deposit in an agency account
shall be determined in accordance with subsections (1), (2),
and (3) of this section depending upon whether the principal
is a depositor on a single account, joint account, joint account
with right of survivorship, or trust or P.O.D. account. [1981
c 192 § 9.]
30.22.090
30.22.100 Ownership of funds after death of a depositor. Subject to community property rights and subject to the
terms and provisions of any community property agreement,
upon the death of a depositor:
(1) Funds which remain on deposit in a single account
belong to the depositor’s estate.
(2) Funds belonging to a deceased depositor which
remain on deposit in a joint account without right of survivorship belong to the depositor’s estate, unless the depositor has
also designated a trust or P.O.D. account beneficiary of the
depositor’s interest in the account.
(3) Funds belonging to a deceased depositor which
remain on deposit in a joint account with right of survivorship
belong to the surviving depositors unless there is clear and
convincing evidence of a contrary intent at the time the
account was created. If there is more than one individual having right of survivorship, the funds belong equally to the sur30.22.100
(2008 Ed.)
Financial Institution Individual Account Deposit Act
viving depositors unless the contract of deposit otherwise
provides. If there is more than one surviving depositor, the
rights of survivorship shall continue between the surviving
depositors.
(4) Funds remaining on deposit in a trust or P.O.D.
account belong to the trust or P.O.D. account beneficiary designated by the deceased depositor unless the account has also
been designated as a joint account with right of survivorship,
in which event the funds remaining on deposit in the account
do not belong to the trust or P.O.D. account beneficiary until
the death of the last surviving depositor and the rights of the
surviving depositors shall be determined by subsection (3) of
this section. If the deceased depositor has designated more
than one trust or P.O.D. account beneficiary, and more than
one of the beneficiaries survive the depositor, the funds
belong equally to the surviving beneficiaries unless the
depositor has specifically designated a different method of
distribution in the contract of deposit; if two or more beneficiaries survive, there is no right of survivorship as between
them unless the terms of the account or deposit agreement
expressly provide for rights of survivorship between the beneficiaries.
(5) Upon the death of a depositor of an agency account,
the agency shall terminate and any funds remaining on
deposit belonging to the deceased depositor shall become the
property of the depositor’s estate or such other persons who
may be entitled thereto, depending upon whether the account
was a single account, joint account, joint account with right
of survivorship, or a trust or P.O.D. account.
Any transfers to surviving depositors or to trust or
P.O.D. account beneficiaries pursuant to the terms of this section are declared to be effective by reason of the provisions of
the account contracts involved and this chapter and are not to
be considered as testamentary dispositions. The rights of survivorship and of trust and P.O.D. account beneficiaries arise
from the express terms of the contract of deposit and cannot,
under any circumstances, be changed by the will of a depositor. [1981 c 192 § 10.]
30.22.160
tution has actual knowledge of the existence of dispute
between depositors, beneficiaries, or other persons claiming
an interest in funds deposited in an account, all payments
made by a financial institution from an account at the request
of any depositor to the account and/or the agent of any depositor to the account in accordance with this section and RCW
30.22.140, 30.22.150, 30.22.160, 30.22.170, 30.22.180,
30.22.190, 30.22.200, and 30.22.220 shall constitute a complete release and discharge of the financial institution from
all claims for the amounts so paid regardless of whether or
not the payment is consistent with the actual ownership of the
funds deposited in an account by a depositor and/or the actual
ownership of the funds as between depositors and/or the beneficiaries of P.O.D. and trust accounts, and/or their heirs, successors, personal representatives, and assigns. [1981 c 192 §
12.]
30.22.130 Rights as between individuals preserved.
The protection accorded to financial institutions under RCW
30.22.120, 30.22.140, 30.22.150, 30.22.160, 30.22.170,
30.22.180, 30.22.190, 30.22.200, 30.22.210, and 30.22.220
shall have no bearing on the actual rights of ownership to
deposited funds by a depositor, and/or between depositors,
and/or by and between beneficiaries of trust and P.O.D.
accounts, and their heirs, successors, personal representatives, and assigns. [1981 c 192 § 13.]
30.22.130
30.22.140 Payment of funds to a depositor. Payments
of funds on deposit in a single account may be made by a
financial institution to or for the depositor regardless of
whether the depositor is, in fact, the actual owner of the
funds. Payments of funds on deposit in an account having
two or more depositors may be made by a financial institution
to or for any one or more of the depositors named on the
account without regard to the actual ownership of the funds
by or between the depositors, and without regard to whether
any other depositor or depositors so named are deceased or
incompetent at the time the payments are made. [1981 c 192
§ 14.]
30.22.140
30.22.110 Controversies between owners. RCW
30.22.090 and 30.22.100 are intended to establish ownership
of funds on deposit in the accounts stated, as between depositors and/or trust or P.O.D. account beneficiaries, and the provisions thereof are relevant only as to controversies between
such persons and their creditors, and other successors, and
have no bearing on the power of any person to receive payment of funds maintained in the accounts or the right of a
financial institution to make payments to any person as provided by the terms of the contract of deposit. [1981 c 192 §
11.]
30.22.150 Payment to minors and incompetents.
Financial institutions may make payments of funds on
deposit in an account established by a depositor who is a
minor or incompetent without regard to whether it has actual
knowledge of the minority or incompetency of the depositor
unless the branch of the financial institution at which the
account is maintained has received written notice to withhold
payment to the minor or incompetent by the guardian of his
estate and had a reasonable opportunity to act upon the
notice. [1981 c 192 § 15.]
30.22.120 Right to rely on form of account—Discharge of financial institutions. In making payments of
funds deposited in an account, a financial institution may rely
conclusively and entirely upon the form of the account and
the terms of the contract of deposit at the time the payments
are made. A financial institution is not required to inquire as
to either the source or the ownership of any funds received
for deposit to an account, or to the proposed application of
any payments made from an account. Unless a financial insti-
30.22.160 Payment to trust and P.O.D. account beneficiaries. Financial institutions may pay any funds remaining on deposit in an account to a trust or P.O.D. account beneficiary or beneficiaries when the financial institution has
received proofs of death of all depositors to the account who
pursuant to the terms of the contract of deposit were required
to predecease the beneficiary. If there is more than one trust
or P.O.D. account beneficiary, financial institutions shall not,
unless the contract of deposit otherwise provides, pay to any
30.22.110
30.22.120
(2008 Ed.)
30.22.150
30.22.160
[Title 30 RCW—page 35]
30.22.170
Title 30 RCW: Banks and Trust Companies
one such beneficiary more than that amount which is
obtained by dividing the total of the funds on deposit in the
account by the number of trust or P.O.D. account beneficiaries. [1981 c 192 § 16.]
30.22.170 Payment to agents of depositors. Any funds
on deposit in an account may be paid by a financial institution
to or upon the order of any agent of any depositor. The contract of deposit or other document creating such agency may
provide, in accordance with chapter 11.94 RCW, that any
such agent’s powers to receive payments and make withdrawals from an account continues in spite of, or arises by
virtue of, the incompetency of a depositor, in which event the
agent’s powers to make payments and withdrawals from an
account on behalf of a depositor is not affected by the incompetency of a depositor. Except as provided in this section, the
authority of an agent to receive payments or make withdrawals from an account terminates with the death or incompetency of the agent’s principal: PROVIDED, That a financial
institution is not liable for any payment or withdrawal made
to or by an agent for a deceased or incompetent depositor
unless the financial institution making the payment or permitting the withdrawal had actual knowledge of the incompetency or death at the time payment was made. [1981 c 192 §
17.]
30.22.170
30.22.180 Payment to personal representatives.
Financial institutions may pay any funds remaining on
deposit in an account which belongs to a deceased depositor
to the personal representative of the depositor’s estate under
any of the following circumstances:
(1) When the decedent was the depositor on a single
account; or
(2) When the decedent was a depositor on a joint account
without right of survivorship or the only surviving depositor
on a joint account with right of survivorship, and has not designated a trust or P.O.D. account beneficiary of the decedent’s interest, and the financial institution has received the
proofs of death necessary to establish the deaths of the other
depositors named on the account; or
(3) When the decedent was a beneficiary of a P.O.D. or
trust account and the financial institution has received proofs
of death of the beneficiary and all depositors to the account
who, pursuant to the terms of the contract of deposit, were
required to predecease the beneficiary; or
(4) When consent to the payment has been given in writing by all depositors and beneficiaries of the account; or
(5) When so ordered or directed by a superior court of
the state or other court having jurisdiction over the matter.
[1981 c 192 § 18.]
30.22.180
30.22.190 Payment to heirs and creditors of a
deceased depositor. In each case, where it is provided in
RCW 30.22.180 that a financial institution may make payment of funds deposited in an account to the personal representative of the estate of a deceased depositor or beneficiary,
the financial institution may make payment of the funds to
the following persons under the circumstances provided:
(1) In those instances where the deceased depositor left a
surviving spouse, and the deceased depositor and the surviv30.22.190
[Title 30 RCW—page 36]
ing spouse shall have executed a community property agreement which by its terms would include funds of the deceased
depositor remaining in the account, a financial institution
may make payment of all funds in the name of the deceased
spouse to the surviving spouse upon receipt of a certified
copy of the community property agreement as recorded in the
office of a county auditor of the state and an affidavit of the
surviving spouse that the community property agreement was
validly executed and in full force and effect upon the death of
the depositor.
(2) In those instances where the balance of the funds in
the name of a deceased depositor does not exceed two thousand five hundred dollars, payment of the decedent’s funds
remaining in the account may be made to the surviving
spouse, next of kin, funeral director, or other creditor who
may appear to be entitled thereto upon receipt of proof of
death and an affidavit to the effect that no personal representative has been appointed for the deceased depositor’s estate.
As a condition to the payment, a financial institution may
require such waivers, indemnity, receipts, and acquittance
and additional proofs as it may consider proper.
(3) In those instances where the person entitled presents
an affidavit which meets the requirements of chapter 11.62
RCW.
A person receiving a payment from a financial institution
pursuant to subsections (2) and (3) of this section is answerable and accountable therefor to any personal representative
of the deceased depositor’s estate wherever and whenever
appointed. [1989 c 220 § 3; 1981 c 192 § 19.]
30.22.200 Payment to foreign personal representative—Release of financial institution. In each case where it
is provided in this chapter that payment may be made to the
personal representative of the estate of a deceased depositor
or trust or P.O.D. account beneficiary, financial institutions
may make payment of the funds on deposit in a deceased
depositor’s or beneficiary’s account to the personal representative of the decedent’s estate appointed under the laws of
any other state or territory or country after:
(1) At least sixty days have elapsed since the date of the
deceased depositor’s death; and
(2) Upon receipt of the following:
(a) Proof of death of the deceased depositor or beneficiary;
(b) Proof of the appointment and continuing authority of
the personal representative requesting payment;
(c) The personal representative’s, or its agent’s, affidavit
to the effect that to the best of his or her knowledge no personal representative has been or will be appointed under the
laws of this state; and
(d) Receipt of either an estate tax release from the department of revenue or the personal representative’s, or its
agent’s, affidavit that the estate is not subject to Washington
estate tax. However, if a personal representative of the
deceased depositor’s or beneficiary’s estate is appointed and
qualified as such under the laws of this state, and delivers
proof of the appointment and qualification to the office or
branch of the financial institution in which the deposit is
maintained prior to the transmissions of the sums on deposit
to the foreign personal representative, then the funds shall be
paid to the personal representative of the deceased deposi30.22.200
(2008 Ed.)
Financial Institution Individual Account Deposit Act
tor’s or beneficiary’s estate who has been appointed and qualified in this state.
(3) The financial institution paying, delivering, transferring, or issuing funds on deposit in a deceased depositor’s or
beneficiary’s account in accordance with the provisions of
this section is discharged and released to the same extent as if
such person has dealt with a personal representative of the
decedent, unless at the time of such payment, delivery, transfer, or issuance such institution had actual knowledge of the
falsity of any statement or affidavit required to be provided
under this section. Such institution is not required to see to
the application of funds, or to inquire into the truth of any
matter specified in any statement or affidavit required to be
provided under this section. [1988 c 29 § 9; 1981 c 192 § 20.]
30.22.210 Authority to withhold payment. Nothing
contained in this chapter shall be deemed to require any
financial institution to make any payment from an account to
a depositor, or any trust or P.O.D. account beneficiary, or any
other person claiming an interest in any funds deposited in
the account, if the financial institution has actual knowledge
of the existence of a dispute between the depositors, beneficiaries, or other persons concerning their respective rights of
ownerships to the funds contained in, or proposed to be withdrawn, or previously withdrawn from the account, or in the
event the financial institution is otherwise uncertain as to
who is entitled to the funds pursuant to the contract of
deposit. In any such case, the financial institution may, without liability, notify, in writing, all depositors, beneficiaries, or
other persons claiming an interest in the account of either its
uncertainty as to who is entitled to the distributions or the
existence of any dispute, and may also, without liability,
refuse to disburse any funds contained in the account to any
depositor, and/or trust or P.O.D. account beneficiary thereof,
and/or other persons claiming an interest therein, until such
time as either:
(1) All such depositors and/or beneficiaries have consented, in writing, to the requested payment; or
(2) The payment is authorized or directed by a court of
proper jurisdiction. [1981 c 192 § 21.]
30.22.210
30.22.220 Adverse claim bond. Notwithstanding
RCW 30.22.210, a financial institution may, without liability,
pay or permit withdrawal of any funds on deposit in an
account to a depositor and/or agent of a depositor and/or trust
or P.O.D. account beneficiary, and/or other person claiming
an interest therein, even when the financial institution has
actual knowledge of the existence of the dispute, if the
adverse claimant shall execute to the financial institution, in
form and with security acceptable to it, a bond in an amount
which is double either the amount of the deposit or the
adverse claim, whichever is the lesser, indemnifying the
financial institution from any and all liability, loss, damage,
costs, and expenses, for and on account of the payment of the
adverse claim or the dishonor of the check or other order of
the person in whose name the deposit stands on the books of
the financial institution: PROVIDED, That where the person
in whose name the deposit stands is a fiduciary for the
adverse claimant, and the facts constituting such relationship,
and also the facts showing reasonable cause of belief on the
30.22.220
(2008 Ed.)
30.22.240
part of the claimant that the fiduciary is about to misappropriate the deposit, are made to appear by the affidavit of the
claimant, the financial institution shall, without liability,
refuse to deliver the property for a period of not more than
five business days from the date that the financial institution
receives the adverse claimant’s affidavit, without liability for
the sufficiency or truth of the facts alleged in the affidavit,
after which time the claim shall be treated as any other claim
under this section. [1981 c 192 § 22.]
30.22.230 Authority to charge a customer for furnishing items or copies of items. A financial institution may
charge a customer for furnishing items or copies of items as
defined in RCW 62A.4-104, in excess of the number of free
items or copies of items provided for in RCW 62A.4-406(b),
fifty cents per copy furnished plus fees for retrieval at a rate
not to exceed the rate assessed when complying with summons issued by the Internal Revenue Service. [1993 c 229 §
118.]
30.22.230
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
30.22.240 Records—Disclosure—Requests by law
enforcement—Fees. (1) If a financial institution discloses
information in good faith concerning its customer or customers in accordance with this section, it shall not be liable to its
customers or others for such disclosure or its consequences.
Good faith will be presumed if the financial institution follows the procedures set forth in this section.
(2) A request for financial records made by a law
enforcement officer shall be submitted to the financial institution in writing stating that the officer is conducting a criminal investigation of actual or attempted withdrawals from an
account at the institution and that the officer reasonably
believes a statutory notice of dishonor has been given pursuant to RCW 62A.3-515, fifteen days have elapsed, and the
item remains unpaid. The request shall include the name and
number of the account and be accompanied by a copy of:
(a) The front and back of at least one unpaid check or
draft drawn on the account that has been presented for payment no fewer than two times or has been drawn on a closed
account; and
(b) A statement of the dates or time period relevant to the
investigation.
(3) To the extent permitted by federal law, under subsection (2) of this section a financial institution shall within a
reasonable time disclose to a requesting law enforcement
officer so much of the following information as has been
requested concerning the account upon which the dishonored
check or draft was drawn, to the extent the records can be
located:
(a) The date the account was opened; the details and
amount of the opening deposit to the account; and if closed,
the reason the account was closed, the date the account was
closed, and balance at date of closing;
(b) A copy of the statements of the account for the relevant period including dates under investigation and the preceding and following thirty days and the closing statement, if
the account was closed;
(c) A copy of the front and back of the signature card;
and
30.22.240
[Title 30 RCW—page 37]
30.22.245
Title 30 RCW: Banks and Trust Companies
(d) If the account was closed by the financial institution,
the name of the person notified of its closing and a copy of
the notice of the account’s closing and whether such notice
was returned undelivered.
(4) Financial institutions may charge requesting parties a
reasonable fee for the actual costs of providing services under
this chapter. These fees may not exceed rates charged to federal agencies for similar requests. In the event an investigation results in conviction, the court may order the defendant
to pay costs incurred by law enforcement under chapter 186,
Laws of 1995. [1995 c 186 § 2.]
Investment of trust funds generally: Chapter 11.100 RCW.
Release of powers of appointment: Chapter 11.95 RCW.
30.24.080 Securities in default ineligible. Nothing in
this chapter shall be construed as authorizing any fiduciary to
invest funds held in trust, in any bonds, mortgages, notes or
other securities, during any default in payment of either principal or interest thereof. [1955 c 33 § 30.24.080. Prior: 1947
c 100 § 8; 1941 c 41 § 16; Rem. Supp. 1947 § 3255-16.]
30.24.080
Chapter 30.32 RCW
DEALINGS WITH FEDERAL LOAN AGENCIES
Chapter 30.32
30.22.245 Records—Admission as evidence—Certificate. Records obtained pursuant to this chapter shall be
admitted as evidence in all courts of this state, under Washington rule of evidence 902, when accompanied by a certificate substantially in the following form:
30.22.245
CERTIFICATE
1. The accompanying documents are true and correct copies of the records of [name of financial institution]. The records were made in the regular course
of business of the financial institution at or near the
time of the acts, events, or conditions which they
reflect.
2. They are produced in response to a request made
under RCW 30.22.240.
3. The undersigned is authorized to execute this certificate. I CERTIFY, under penalty of perjury under
the laws of the State of Washington, that the foregoing statements are true and correct.
Date
Signature
Place of Signing
Type or Print Name/
Title/Telephone No.
Sections
30.32.010
30.32.020
30.32.030
30.32.040
Membership in federal reserve system—Investment in stock of
Federal Deposit Insurance Corporation.
Investment in federal home loan bank stock or bonds.
May borrow from home loan bank.
Federal home loan bank as depositary.
30.32.010 Membership in federal reserve system—
Investment in stock of Federal Deposit Insurance Corporation. Any bank, trust company or mutual savings bank
may become a member of the federal reserve system of the
United States and to that end may comply with all laws of the
United States and all rules, regulations and requirements promulgated pursuant thereto, including the investment of its
funds in the stock of a federal reserve bank; and any bank,
trust company or mutual savings bank, whether a member of
the federal reserve system or not, may invest its funds in the
stock of the Federal Deposit Insurance Corporation created
by the act of congress approved June 16, 1933, and may participate in the insurance of bank deposits and obligate itself
for the cost of such participation by assessments or otherwise
in accordance with the laws of the United States. [1955 c 33
§ 30.32.010. Prior: 1933 ex.s. c 9 § 1; RRS § 3235-1.]
30.32.010
30.32.020 Investment in federal home loan bank
stock or bonds. Any savings and loan association, building
and loan association, bank, trust company, savings bank, or
mutual savings bank may become a member of and invest its
funds in the bonds and/or the capital stock of a federal home
loan bank, and vote such stock in the manner prescribed by its
board of directors. [1955 c 33 § 30.32.020. Prior: 1933 c 105
§ 1; RRS § 3294-1.]
30.32.020
[1995 c 186 § 3.]
30.22.250 No duty to request information. RCW
9.38.015 does not create a duty for financial institutions to
request the information set forth in RCW 9.38.015(1). [1995
c 186 § 5.]
30.22.250
30.22.900 Effective date—1981 c 192. This act shall
take effect on July 1, 1982. [1981 c 192 § 34.]
30.22.900
30.22.901 Severability—1995 c 186. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1995 c 186 § 7.]
30.22.901
Chapter 30.24
Chapter 30.24 RCW
INVESTMENT OF TRUST FUNDS
Sections
30.24.080
Securities in default ineligible.
Fiduciary bonds, premium as lawful expense: RCW 48.28.020.
[Title 30 RCW—page 38]
30.32.030 May borrow from home loan bank. Any
such bank, trust company, insurance company, or association, may borrow from any home loan bank and as security
for borrowing may pledge therewith the notes, mortgages,
trust deeds which it holds as shall be required by federal law,
and under such rules and regulations as shall be adopted by a
federal home loan bank. [1955 c 33 § 30.32.030. Prior: 1933
c 105 § 2; RRS § 3294-2.]
30.32.030
30.32.040 Federal home loan bank as depositary.
Any such bank, trust company, insurance company or association, may designate a federal home loan bank as a depositary
for its funds. [1955 c 33 § 30.32.040. Prior: 1933 c 105 § 3;
RRS § 3294-3.]
30.32.040
(2008 Ed.)
Interstate Banking
Chapter 30.36
Chapter 30.36 RCW
Chapter 30.38
CAPITAL NOTES OR DEBENTURES
30.36.050
Definitions.
Issuance and sale—Status—Conversion rights.
Stock at less than par—Impairment.
Impairment to be corrected before retirement of notes or
debentures.
Not subject to assessments—Liability of holders.
30.38.005
30.38.010
30.38.015
30.38.020
30.38.030
30.36.010 Definitions. Capital notes or debentures,
where used in this chapter, shall mean notes or other obligations issued by a bank, trust company or mutual savings bank,
for money obtained and used as additional capital or to
replace impaired capital stock: PROVIDED, Such notes or
other obligations are subordinate to the rights of depositors
and other creditors.
The term "capital" where used in this chapter shall mean
capital stock and/or capital notes. [1955 c 33 § 30.36.010.
Prior: 1935 c 42 § 1; RRS § 3295-1.]
30.36.010
30.36.020 Issuance and sale—Status—Conversion
rights. With the approval of the director, any bank, trust
company or mutual savings bank may at any time, through
action of its board of directors or trustees, issue and sell its
capital notes or debentures. Such capital notes or debentures
shall be subordinate to the claims of depositors and other
creditors. The holders of capital notes or debentures issued by
a bank or trust company shall have such conversion rights as
may be provided in the articles of incorporation with the
approval of the director. [1994 c 92 § 76; 1979 c 106 § 5;
1955 c 33 § 30.36.020. Prior: 1935 c 42 § 2; RRS 3295-2.]
30.36.020
30.36.030 Stock at less than par—Impairment.
Where any bank, trust company or mutual savings bank has
issued and has outstanding capital notes or debentures, it may
carry its capital stock on its books at a sum less than par, and
it shall not be considered impaired so long as the amount of
such capital notes or debentures equals or exceeds the impairment as found by the director. [1994 c 92 § 77; 1955 c 33 §
30.36.030. Prior: 1935 c 42 § 3; RRS § 3295-3.]
30.36.030
30.36.040 Impairment to be corrected before retirement of notes or debentures. Before such capital notes or
debentures are retired or paid by the bank, trust company or
mutual savings bank, any existing impairment of its capital
stock must be overcome or corrected to the satisfaction of the
director. [1994 c 92 § 78; 1955 c 33 § 30.36.040. Prior: 1935
c 42 § 4; RRS § 3295-4.]
30.36.040
30.36.050 Not subject to assessments—Liability of
holders. Such capital notes or debentures shall in no case be
subject to any assessment. The holders of such capital notes
or debentures shall not be held individually responsible, as
such holders, for any debts, contracts or engagements of such
institution, and as such holders, shall not be held liable for
assessments to restore impairments in the capital of such
institution. [1955 c 33 § 30.36.050. Prior: 1935 c 42 § 5;
RRS § 3295-5.]
30.36.050
(2008 Ed.)
Chapter 30.38 RCW
INTERSTATE BANKING
Sections
Sections
30.36.010
30.36.020
30.36.030
30.36.040
30.38.005
30.38.040
30.38.050
30.38.060
30.38.070
30.38.080
30.38.900
Definitions.
Out-of-state bank may engage in banking in this state—Conditions—Director’s approval of interstate combination.
Out-of-state bank without a branch in this state—Options—
Director’s approval required—State reciprocity.
Out-of-state bank with host branches—Relocation of head
office—Reincorporation—Application— Director’s
approval required.
Out-of-state bank may maintain and operate branches—Powers and authorities.
Examinations of any branch of an out-of-state state bank—
Reporting requirements for any branch of an out-of-state
bank—Supervisory agreements—Joint examinations or
enforcement actions—Assessments.
Branch of out-of-state state bank—Violations—Unsafe and
unsound operations—Enforcement actions—Notice to home
state regulator.
Rules.
Out-of-state state bank becomes resulting bank—Branches in
this state—RCW 30.49.125(5) does not apply—When established and maintained—Notice to director.
Application of Washington laws—Declaration of invalidity.
Severability—1996 c 2.
30.38.005 Definitions. As used in this chapter, unless a
different meaning is required by the context, the following
words and phrases have the following meanings:
(1) "Bank" means any national bank, state bank, and district bank, as those terms are defined in 12 U.S.C. Sec.
1813(a), and any savings association, as defined in 12 U.S.C.
Sec. 1813(b).
(2) "Bank holding company" has the meaning set forth in
12 U.S.C. Sec. 1841(a)(1), and also means a savings and loan
holding company, as defined in 12 U.S.C. Sec. 1467a.
(3) "Bank supervisory agency" means:
(a) Any agency of another state with primary responsibility for chartering and supervising banks; and
(b) The office of the comptroller of the currency, the federal deposit insurance corporation, the board of governors of
the federal reserve system, and any successor to these agencies.
(4) "Control" shall be construed consistently with the
provisions of 12 U.S.C. Sec. 1841(a)(2).
(5) "Home state" means with respect to a:
(a) State bank, the state by which the bank is chartered;
or
(b) Federally chartered bank, the state in which the main
office of the bank is located under federal law.
(6) "Home state regulator" means, with respect to an outof-state state bank, the bank supervisory agency of the state
in which the bank is chartered.
(7) "Host state" means a state, other than the home state
of a bank, in which the bank maintains, or seeks to establish
and maintain a branch.
(8) "Interstate combination" means the:
(a) Merger or consolidation of banks with different home
states, and the conversion of branches of any bank involved
in the merger or consolidation into branches of the resulting
bank; or
(b) Purchase of all or substantially all of the assets,
including all or substantially all of the branches, of a bank
whose home state is different from the home state of the
acquiring bank.
30.38.005
[Title 30 RCW—page 39]
30.38.010
Title 30 RCW: Banks and Trust Companies
(9) "Out-of-state bank" means a bank whose home state
is a state other than Washington.
(10) "Out-of-state state bank" means a bank chartered
under the laws of any state other than Washington.
(11) "Resulting bank" means a bank that has resulted
from an interstate combination under this chapter.
(12) "State" means any state of the United States, the
District of Columbia, any territory of the United States,
Puerto Rico, Guam, American Samoa, the Trust Territory of
the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands.
(13) "Washington bank" means a bank whose home state
is Washington.
(14) "Washington state bank" means a bank organized
under Washington banking law.
(15) "Branch" means an office of a bank through which
it receives deposits, other than its principal office. Any of the
functions or services authorized to be engaged in by a bank
may be carried out in an authorized branch office.
(16) "De novo branch" means a branch of a bank located
in a host state which:
(a) Is originally established by the bank as a branch; and
(b) Does not become a branch of the bank as a result of:
(i) The acquisition of another bank or a branch of another
bank; or
(ii) A merger, consolidation, or conversion involving
any such bank or branch. [2005 c 348 § 1; 1996 c 2 § 10.]
Effective date—2005 c 348: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 9, 2005]." [2005 c 348 § 7.]
30.38.010 Out-of-state bank may engage in banking
in this state—Conditions—Director’s approval of interstate combination. (1) An out-of-state bank may engage in
banking in this state without violating RCW 30.04.280 only
if the conditions and filing requirements of this chapter are
met and the bank was lawfully engaged in banking in this
state on June 6, 1996, or the bank’s in-state banking activities:
(a) Resulted from an interstate combination pursuant to
RCW 30.49.125 or 32.32.500;
(b) Resulted from a relocation of a head office of a state
bank pursuant to 12 U.S.C. Sec. 30 and RCW 30.04.215(3);
(c) Resulted from a relocation of a main office of a
national bank pursuant to 12 U.S.C. Sec. 30;
(d) Resulted from the establishment of a branch of a savings bank in compliance with *RCW 32.04.030(2); or
(e) Resulted from interstate branching under RCW
30.38.015.
Nothing in this section affects the authorities of alien banks
as defined by RCW 30.42.020 to engage in banking within
this state.
(2) The director, consistent with 12 U.S.C. Sec.
1831u(b)(2)(D), may approve an interstate combination if the
standard on which the approval is based does not discriminate against out-of-state banks, out-of-state bank holding
companies, or subsidiaries of those banks or holding companies. [2005 c 348 § 2; 1996 c 2 § 11.]
Effective date—2005 c 348: See note following RCW 30.38.005.
30.38.015 Out-of-state bank without a branch in this
state—Options—Director’s approval required—State
reciprocity. (1) An out-of-state bank that does not have a
branch in Washington may, under this chapter, establish and
maintain:
(a) A de novo branch in this state; or
(b) A branch in this state through the acquisition of a
branch.
(2) An out-of-state bank desiring to establish and maintain a de novo branch or to acquire a branch in this state shall
provide written application of the proposed transaction to the
director, accompanied by the fee prescribed by the director,
not later than three days after the date of filing with the
responsible federal bank supervisory agency for approval to
establish or acquire the branch.
(3) The director may not approve an application under
subsection (2) of this section unless it is found that:
(a) In the case of a de novo branch, the laws of the home
state of the out-of-state bank permit Washington banks to
establish and maintain de novo branches in that state under
substantially the same, or at least as favorable, terms and conditions as set forth in this chapter; or
(b) In the case of a branch established through the acquisition of a branch, the laws of the home state of the out-ofstate bank permit Washington banks to establish and maintain branches in that state through the acquisition of branches
under terms and conditions that are substantially the same, or
at least as favorable, as set forth in this chapter. [2005 c 348
§ 3.]
30.38.015
Effective date—2005 c 348: See note following RCW 30.38.005.
30.38.010
*Reviser’s note: RCW 32.04.030 was amended by 2005 c 348 § 4,
changing subsection (2) to subsection (6).
[Title 30 RCW—page 40]
30.38.020 Out-of-state bank with host branches—
Relocation of head office—Reincorporation—Application— Director’s approval required. An out-of-state bank
with host branches in this state may relocate its head office in
Washington and reincorporate as a Washington state bank if
the director finds that the bank meets the standards as to capital structures, operations, business experience, and character
of officers and directors, and the bank follows the procedures
specified in this section.
The bank shall file with the director on a form prescribed
by the director, an application to relocate its head office to
Washington. Within six months upon acceptance of a complete application, the director shall notify the bank to file, in
triplicate, an executed and acknowledged certificate of reincorporation signed by a majority of the entire board of directors that at least two-thirds of each class of voting stock of the
bank entitled to vote thereon has approved the: (1) Head
office relocation; (2) change to a Washington state bank; and
(3) new articles of incorporation.
Within thirty days after receipt of the certificate and articles, the director shall endorse upon each of the triplicate
copies, over the director’s official signature, the word
"approved" or the word "refused," with the date of the
endorsement. In case of refusal the director shall immediately
return one of the triplicates, so endorsed, together with a
statement explaining the reason for refusal to the bank from
whom the certificate and articles were received. The refusal
shall be conclusive, unless the bank, within ten days of the
30.38.020
(2008 Ed.)
Interstate Banking
issuance of the notice of refusal, requests a hearing under
chapter 34.05 RCW. [1996 c 2 § 12.]
30.38.030 Out-of-state bank may maintain and operate branches—Powers and authorities. (1) If authorized to
engage in banking in this state under RCW 30.38.010, an outof-state bank may maintain and operate the branches in
Washington of a Washington bank with which the out-ofstate bank or its predecessors engaged in an interstate combination.
(2) The out-of-state bank may establish or acquire and
operate additional branches in Washington to the same extent
that any Washington bank may establish or acquire and operate a branch in Washington under applicable federal and state
law.
(3) The out-of-state state bank may, at such branches,
unless otherwise limited by the bank’s home state law, exercise any powers and authorities that are authorized under the
laws of this state for Washington state banks.
(4) The out-of-state state bank may, at these branches,
exercise additional powers and authorities that are authorized
under the laws of its home state, only if the director determines in writing that the exercise of the additional powers
and authorities in this state will not threaten the safety and
soundness of banks in this state and serves the convenience
and needs of Washington consumers. Washington state banks
also may exercise the powers and authorities under RCW
30.08.140(16) or 32.08.140(15). [1996 c 2 § 13.]
30.38.030
30.38.040 Examinations of any branch of an out-ofstate state bank—Reporting requirements for any branch
of an out-of-state bank—Supervisory agreements—Joint
examinations or enforcement actions—Assessments. (1)
The director may make examinations of any branch in this
state of an out-of-state state bank as the director deems necessary to determine whether the branch is being operated in
compliance with the laws of this state or is conducting its
activities in accordance with safe and sound banking practices. The provisions applicable to examinations and sharing
of information of Washington state banks shall apply to these
examinations.
(2) The director may prescribe requirements for reports
regarding any branches of an out-of-state bank that operates a
branch in Washington pursuant to this chapter. The required
reports shall be provided by the bank or by the bank supervisory agency having primary responsibility for the bank. Any
reporting requirements prescribed by the director under this
subsection shall be consistent with the reporting requirements
applicable to Washington state banks and appropriate for the
purpose of enabling the director to carry out his or her
responsibilities under this chapter.
(3) The director may enter into supervisory agreements
with any bank supervisory agency that has concurrent jurisdiction over a Washington state bank or an out-of-state state
bank operating a branch in this state pursuant to this chapter
to engage the services of that agency’s examiners at a reasonable rate of compensation, or to provide the services of the
director’s examiners to that agency at a reasonable rate of
compensation. These contracts are exempt from the requirements of chapter 39.29 RCW. The director also may enter
30.38.040
(2008 Ed.)
30.38.070
into supervisory agreements with other appropriate bank
supervisory agencies and the bank to prescribe the applicable
laws governing powers and authorities, including but not limited to corporate governance and operational matters, of
Washington branches of an out-of-state bank chartered by
another state or out-of-state branches of a Washington state
bank. The supervisory agreement may resolve conflict of
laws among home and host states and specify the manner in
which the examination, supervision, and application processes shall be coordinated among the home and host states.
(4) The director may enter into joint examinations or
joint enforcement actions with other bank supervisory agencies having concurrent jurisdiction over any branch in Washington of an out-of-state state bank or any branch of a Washington state bank in any host state. The director also may at
any time take action independently if the director deems it
necessary or appropriate to carry out his or her responsibilities under this chapter or to ensure compliance with the laws
of this state. However, in the case of an out-of-state state
bank, the director shall recognize the exclusive authority of
the home state regulator over corporate governance and operational matters and the primary responsibility of the home
state regulator with respect to safety and soundness matters,
unless otherwise specified in the supervisory agreement executed pursuant to this section.
(5) Each out-of-state state bank that maintains one or
more branches in this state may be assessed and, if assessed,
shall pay supervisory and examination fees in accordance
with the laws of this state and rules of the director. The director is authorized to enter into agreements to share fees with
other bank supervisory agencies or any organization affiliated with or representing one or more bank supervisory agencies. [1996 c 2 § 14.]
30.38.050 Branch of out-of-state state bank—Violations—Unsafe and unsound operations—Enforcement
actions—Notice to home state regulator. If the director
determines that a branch maintained by an out-of-state state
bank in this state is being operated in violation of the laws of
this state, or that the branch is being operated in an unsafe and
unsound manner, the director has the authority to take all
enforcement actions he or she would be empowered to take if
the branch were a Washington state bank. However, the
director shall promptly give notice to the home state regulator
of each enforcement action taken against an out-of-state state
bank and, to the extent practicable, shall consult and cooperate with the home state regulator in pursuing and resolving
the enforcement action. [1996 c 2 § 15.]
30.38.050
30.38.060 Rules. The director may adopt those rules
necessary to implement chapter 2, Laws of 1996. [1996 c 2 §
16.]
30.38.060
30.38.070 Out-of-state state bank becomes resulting
bank—Branches in this state—RCW 30.49.125(5) does
not apply—When established and maintained—Notice to
director. (1) Any out-of-state state bank that will be the
resulting bank pursuant to an interstate combination involving any bank with branches in Washington, if RCW
30.49.125(5) does not apply, shall notify the director of the
30.38.070
[Title 30 RCW—page 41]
30.38.080
Title 30 RCW: Banks and Trust Companies
proposed combination not later than three days after the date
of filing of an application for the combination with the
responsible federal bank supervisory agency, and shall submit a copy of the application to the director and pay applicable application fees, if any, required by the director. In lieu of
notice from the out-of-state state bank the director may
accept notice from the bank’s home state regulator. The
director has the authority to waive any procedures required
by Washington merger laws if the director finds that the provision is in conflict with the applicable federal law or in conflict with the applicable law of the state of the resulting bank.
(2) An out-of-state state bank that has established and
maintains a branch in this state pursuant to this chapter shall
give at least thirty days’ prior written notice or, in the case of
an emergency transaction, shorter notice as is consistent with
the applicable state or federal law, to the director of any transaction that would cause a change of control with respect to
the bank or any bank holding company that controls the bank,
with the result that an application would be required to be
filed pursuant to the federal change in bank control act of
1978, as amended, 12 U.S.C. Sec. 1817(j), or the federal bank
holding company act of 1956, as amended, 12 U.S.C. Sec.
1841 et seq., or any successor statutes. In lieu of notice from
the out-of-state state bank the director may accept notice
from the bank’s home state regulator. [1996 c 2 § 17.]
30.38.080 Application of Washington laws—Declaration of invalidity. (1) The laws of Washington applicable
to Washington state banks regarding community reinvestment, consumer protection, fair lending, and the establishment of intrastate branches apply to any branch in Washington of an out-of-state national bank or out-of-state state bank
to the same extent as Washington laws apply to a Washington
state bank. In lieu of taking action directly against an out-ofstate state bank to enforce compliance with these Washington
laws on host state branches, the director may refer action to
the home state regulator, but the director retains enforcement
powers to ensure that compliance is satisfactory to the director.
(2) Any host state branch of a Washington state bank
shall comply with all applicable host state laws concerning
community reinvestment, consumer protection, fair lending,
and the establishment of intrastate branches.
(3) In the event that the responsible federal chartering
authority, pursuant to applicable federal law, or in the event a
court of competent jurisdiction declares that any Washington
state law is invalid with respect to an out-of-state or national
bank, that Washington state law is also invalid with respect to
Washington state banks and to host branches of out-of-state
state banks to that same extent. The director may, from time
to time, publish by rule Washington state laws that have been
found invalidated pursuant to federal law and procedures.
This subsection does not impair, in any manner, the authority
of the state attorney general to enforce antitrust laws applicable to banks, bank holding companies, or affiliates of those
banks or bank holding companies. [1996 c 2 § 18.]
30.38.080
30.38.900 Severability—1996 c 2. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
30.38.900
[Title 30 RCW—page 42]
provision to other persons or circumstances is not affected.
[1996 c 2 § 32.]
Chapter 30.42
Chapter 30.42 RCW
ALIEN BANKS
Sections
30.42.010
30.42.020
30.42.030
30.42.040
30.42.050
30.42.060
30.42.070
30.42.080
30.42.090
30.42.100
30.42.105
30.42.115
30.42.120
30.42.130
30.42.140
30.42.145
30.42.150
30.42.155
30.42.160
30.42.170
30.42.180
30.42.190
30.42.200
30.42.210
30.42.220
30.42.230
30.42.240
30.42.250
30.42.260
30.42.270
30.42.280
30.42.290
30.42.300
30.42.310
30.42.320
30.42.330
30.42.340
30.42.900
Purpose.
Definitions.
Authorization and compliance with chapter required.
More than one office prohibited.
Acquisition or serving on board of directors or trustees of other
financial institutions prohibited.
Conditions to be met before opening office in state.
Allocated paid-in capital—Requirements.
Separate assets—Books and records—Priority as to assets.
Approval of application—Criteria—Reciprocity.
Notice of approval—Filing—Time period for commencing
business.
Power to make loans and to guarantee obligations.
Solicitation and acceptance of deposits.
Requirements for accepting deposits or transacting business.
Taking possession by director—Reasons—Disposition of
deposits—Claims—Priorities.
Investigations—Examinations.
Examination reports and information—Confidential—Privileged—Penalty.
Loans subject to usury laws.
Powers and activities.
Powers as to real estate.
Advertising, status of federal insurance on deposits to be
included—Gifts for new deposits.
Approved agencies—Powers and activities.
Bonding requirements for officers and employees.
Books and accounts—English language.
Bureaus—Application procedure.
Bureaus—Approval—Certificate of authority—Time limit for
commencing business.
Bureaus—Number—Powers.
Bureaus—Examinations.
Temporary facilities at trade fairs, etc.
Reports.
Taxation.
Directors, officers, and employees—Duties, responsibilities
and restrictions—Removal.
Compliance—Violations—Penalties.
Suspension or revocation of certificate to operate—Grounds.
Change of location.
Rules.
Fees.
Alien banks or branches in business on or before effective
date.
Severability—1973 1st ex.s. c 53.
30.42.010 Purpose. The purpose of this chapter is to
establish a legal and regulatory framework for operation by
alien banks in the state of Washington that will:
(1) Create a financial climate which will benefit the
economy of the state of Washington;
(2) Provide a well regulated and supervised financial
system to assist the movement of foreign capital into Washington state for the support and diversification of the local
industrial base;
(3) Assist the development of the economy of the state of
Washington without disrupting business relationships of state
and federal financial institutions. [1973 1st ex.s. c 53 § 1.]
30.42.010
30.42.020 Definitions. For the purposes of this chapter,
the following terms shall be defined as follows:
(1) "Alien bank" means a bank organized under the laws
of a foreign country and having its principal place of business
in that country, the majority of the beneficial ownership and
30.42.020
(2008 Ed.)
Alien Banks
control of which is vested in citizens of countries other than
the United States of America.
(2) "Office" means a branch or agency of an alien bank
carrying on business in this state pursuant to this chapter.
(3) "Branch" means an office of an alien bank that is
exercising the powers authorized by RCW 30.42.105,
30.42.115, and 30.42.155.
(4) "Agency" means an office of an alien bank that is
exercising the powers authorized by RCW 30.42.180.
(5) "Bureau" means an alien bank’s operation in this
state exercising the powers authorized by RCW 30.42.230.
[1994 c 92 § 80; 1983 c 3 § 48; 1973 1st ex.s. c 53 § 2.]
30.42.030 Authorization and compliance with chapter required. An alien bank shall not establish and operate
an office or bureau in this state unless it is authorized to do so
by the director and unless it first complies with all of the provisions of this chapter and then only to the extent expressly
permitted by this chapter. [1994 c 92 § 81; 1973 1st ex.s. c 53
§ 3.]
30.42.030
30.42.040 More than one office prohibited. An alien
bank shall not be permitted to have more than one office in
this state. [1973 1st ex.s. c 53 § 4.]
30.42.040
30.42.050 Acquisition or serving on board of directors or trustees of other financial institutions prohibited.
An alien bank shall not take over or acquire an existing federal or state-chartered bank, trust company, mutual savings
bank, savings and loan association, or credit union or any
branch of any such bank, trust company, mutual savings
bank, savings and loan association, or credit union in this
state; nor shall any designee, officer, agent or employee of an
alien bank serve on the board of directors of any federal or
state bank, trust company, savings and loan association, or
credit union, or the board of trustees of a mutual savings
bank. [1973 1st ex.s. c 53 § 5.]
30.42.050
30.42.060 Conditions to be met before opening office
in state. An alien bank shall not hereafter open an office in
this state until it has met the following conditions:
(1) It has filed with the director an application in such
form and containing such information as shall be prescribed
by the director.
(2) It has designated the director by a duly executed
instrument in writing, its agent, upon whom process in any
action or proceeding arising out of a transaction with the
Washington office may be served. Such service shall have the
same force and effect as if the alien bank were a Washington
corporation and had been lawfully served with process within
the state. The director shall forward by mail, postage prepaid,
a copy of every process served upon him or her under the provisions of this subdivision, addressed to the manager or agent
of such bank at its office in this state.
(3) It has allocated and assigned to its office within this
state paid-in capital of not less than two hundred thousand
dollars or such larger amounts as the director in his or her discretion may require.
(4) It has filed with the director a letter from its chief
executive officer guaranteeing that the alien bank’s entire
30.42.060
(2008 Ed.)
30.42.080
capital and surplus is and shall be available for all liabilities
and obligations of its office doing business in this state.
(5) It has paid the fees required by law and established by
the director pursuant to RCW 30.08.095.
(6) It has received from the director his or her certificate
authorizing the transaction of business in conformity with
this chapter. [1994 c 92 § 82; 1973 1st ex.s. c 53 § 6.]
30.42.070 Allocated paid-in capital—Requirements.
The capital allocated as required in RCW 30.42.060(3) shall
be maintained within this state at all times in cash or in director approved interest bearing bonds, notes, debentures, or
other obligations: (1) Of the United States or of any agency
or instrumentality thereof, or guaranteed by the United
States; or (2) of this state, or of a city, county, town, or other
municipal corporation, or instrumentality of this state or
guaranteed by this state, or such other assets as the director
may approve. Such capital shall be deposited with a bank
qualified to do business in and having its principal place of
business within this state, or in a national bank qualified to
engage in banking in this state. Such bank shall issue a written receipt addressed and delivered to the director reciting
that such deposit is being held for the sole benefit of the
United States domiciled creditors of such alien bank’s Washington office and that the same is subject to his or her order
without offset for the payment of such creditors. For the purposes of this section, the term "creditor" shall not include any
other offices, branches, subsidiaries, or affiliates of such alien
bank. Subject to the approval of the director, reasonable
arrangements may be made for substitution of securities. So
long as it shall continue business in this state in conformance
with this chapter and shall remain solvent, such alien bank
shall be permitted to collect all interest and/or income from
the assets constituting such allocated capital.
Should any securities so depreciate in market value
and/ or quality as to reduce the deposit below the amount
required, additional money or securities shall be deposited
promptly in amounts sufficient to meet such requirements.
The director may make an investigation of the market value
and of the quality of any security deposited at the time such
security is presented for deposit or at any time thereafter. The
director may make such charge as may be reasonable and
proper for such investigation. [1994 c 92 § 83; 1982 c 95 § 1;
1979 c 106 § 6; 1973 1st ex.s. c 53 § 7.]
30.42.070
Effective date—1982 c 95: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1982." [1982 c 95 § 9.]
30.42.080 Separate assets—Books and records—Priority as to assets. Every alien bank maintaining an office in
this state shall keep the assets of its Washington office
entirely separate and apart from the assets of its other operations as though the Washington office was conducted as a
separate and distinct entity. Every such alien bank shall keep
separate books of account and records for its Washington
office and shall observe with respect to such office the applicable requirements of this chapter and the applicable rules
and regulations of the director. The United States domiciled
creditors of such alien bank’s Washington office shall be
entitled to priority with respect to the assets of its Washington
30.42.080
[Title 30 RCW—page 43]
30.42.090
Title 30 RCW: Banks and Trust Companies
office before such assets may be used or applied for the benefit of its other creditors or transferred to its general business.
[1994 c 92 § 84; 1973 1st ex.s. c 53 § 8.]
loans to full-time employees of the branch. [1994 c 92 § 87;
1982 c 95 § 4.]
30.42.090 Approval of application—Criteria—Reciprocity. The director may give or withhold his or her
approval of an application by an alien bank to establish an
office in this state at his or her discretion. The director’s decision shall be based on the information submitted to his or her
office in the application required by RCW 30.42.060 and
such additional investigation as the director deems necessary
or appropriate. Prior to granting approval to said application,
the director shall have ascertained to his or her satisfaction
that all of the following are true:
(1) The proposed location offers a reasonable promise of
adequate support for the proposed office;
(2) The proposed office is not being formed for other
than legitimate objects;
(3) The proposed officers of the proposed office have
sufficient banking experience and ability to afford reasonable
promise of successful operation;
(4) The reputation and financial standing of the alien
bank is such as to command the confidence and warrant
belief that the business of the proposed office will be conducted honestly and efficiently in accordance with the intent
and purpose of this chapter, as set forth in RCW 30.42.010;
(5) The principal purpose of establishing such office
shall be within the intent of this chapter.
The director shall not grant an application for an office
of an alien bank unless the law of the foreign country under
which laws the alien bank is organized permits a bank with its
principal place of business in this state to establish in that foreign country a branch, agency or similar operation. [1994 c
92 § 85; 1973 1st ex.s. c 53 § 9.]
30.42.115 Solicitation and acceptance of deposits. (1)
Any branch of an alien bank that received approval of its
branch application pursuant to RCW 30.42.090, or that had
filed its branch application pursuant to RCW 30.42.060, on or
before July 27, 1978, and any approved branch of an alien
bank that has designated Washington as its home state pursuant to section 5 of the International Banking Act of 1978,
shall have the same power to solicit and accept deposits as a
state bank chartered pursuant to Title 30 RCW, except that
acceptance of initial deposits of less than one hundred thousand dollars shall be limited to deposits of the following:
(a) Any business entity, including any corporation, partnership, association, or trust, that engages in commercial
activity for profit: PROVIDED, That there shall be excluded
from this category any such business entity that is organized
under the laws of any state or the United States, is majorityowned by United States citizens or residents, and has total
assets, including assets of majority owned subsidiaries, of
less than one million five hundred thousand dollars as of the
date of the initial deposit;
(b) Any governmental unit, including the United States
government, any state government, any foreign government
and any political subdivision or agency of the foregoing;
(c) Any international organization which is composed of
two or more nations;
(d) Any draft, check, or similar instrument for the transmission of funds issued by the branch;
(e) Any depositor who is not a citizen of the United
States and who is not a resident of the United States at the
time of the initial deposit;
(f) Any depositor who established a deposit account on
or before July 1, 1982, and who has continuously maintained
the deposit account since that date: PROVIDED, That this
subparagraph (f) of this subsection shall be effective only
until July 1, 1985;
(g) Any other person: PROVIDED, That the amount of
deposits under this subparagraph (g) of this subsection may
not exceed four percent of the average of the branch’s deposits for the last thirty days of the most recent calendar quarter,
excluding deposits in the branch of other offices, branches,
agencies, or wholly owned subsidiaries of the alien bank.
(2) As used in subsection (1) of this section, "initial
deposit" means the first deposit transaction between a depositor and the branch. Different deposit accounts that are held
by a depositor in the same right and capacity may be added
together for purposes of determining the dollar amount of
that depositor’s initial deposit.
(3) Approved branches of alien banks, other than those
described in subsection (1) of this section, may solicit and
accept deposits only from foreign governments and their
agencies and instrumentalities, persons, or entities conducting business principally at their offices or establishments
abroad, and such other deposits that:
(a) Are to be transmitted abroad;
(b) Consist of collateral or funds to be used for payment
of obligations to the branch;
30.42.090
30.42.100 Notice of approval—Filing—Time period
for commencing business. If the director approves the
application, he or she shall notify the alien bank of his or her
approval and shall file certified copies of its charter, certificate or other authorization to do business with the secretary
of state. Upon such filing, the director shall issue a certificate
of authority stating that the alien bank is authorized to conduct business through a branch or agency in this state at the
place designated in accordance with this chapter. Each such
certificate shall be conspicuously displayed at all times in the
place of business specified therein.
The office of the alien bank must commence business
within six months after the issuance of the director’s certificate: PROVIDED, That the director for good cause shown
may extend such period for an additional time not to exceed
three months. [1994 c 92 § 86; 1985 c 305 § 7; 1973 1st ex.s.
c 53 § 10.]
30.42.100
30.42.105 Power to make loans and to guarantee
obligations. An approved branch of an alien bank shall have
the same power to make loans and guarantee obligations as a
state bank chartered pursuant to Title 30 RCW: PROVIDED,
HOWEVER, That the base for computing the applicable loan
limitation shall be the entire capital and surplus of the alien
bank. The director may adopt rules limiting the amount of
30.42.105
[Title 30 RCW—page 44]
Effective date—1982 c 95: See note following RCW 30.42.070.
30.42.115
(2008 Ed.)
Alien Banks
(c) Consist of the proceeds of collections abroad that are
to be used to pay for exported or imported goods or for other
costs of exporting or importing or that are to be periodically
transferred to the depositor’s account at another financial
institution;
(d) Consist of the proceeds of extensions of credit by the
branch; or
(e) Represent compensation to the branch for extensions
of credit or services to the customer.
(4) A branch may accept deposits, subject to the limitations set forth in subsections (1) and (3) of this section, only
upon the same terms and conditions (including nature and
extent of such deposits, withdrawal, and the payment of interest thereon) that banks organized under the laws of this state
which are members of the Federal Reserve System may
accept such deposits. Any branch that is not subject to reserve
requirements under regulations of the Federal Reserve Board
shall maintain deposit reserves in this state, pursuant to rules
adopted by the director, to the same extent they must be
maintained by banks organized under the laws of this state
which are members of the Federal Reserve System. [1994 c
92 § 88; 1985 c 305 § 8; 1982 c 95 § 6.]
Effective date—1982 c 95: See note following RCW 30.42.070.
30.42.120 Requirements for accepting deposits or
transacting business. A branch shall not commence to
transact in this state the business of accepting deposits or
transact such business thereafter unless it has met the following requirements:
(1) It has obtained federal deposit insurance corporation
insurance covering its eligible deposit liabilities within this
state, or in lieu thereof, made arrangements satisfactory to the
director for maintenance within this state of additional capital
equal to not less than five percent of its deposit liabilities,
computed on the basis of the average daily net deposit balances covering semimonthly periods as prescribed by the
director. Such additional capital shall be deposited in the
manner provided in RCW 30.42.070.
(2) It holds in this state currency, bonds, notes, debentures, drafts, bills of exchange, or other evidences of indebtedness or other obligations payable in the United States or in
United States funds or, with the approval of the director, in
funds freely convertible into United States funds or such
other assets as are approved by the director, in an amount not
less than one hundred percent of the aggregate amount of liabilities of such alien bank payable at or through its office in
this state. When calculating the value of the assets so held,
credit shall be given for the amounts deposited pursuant to
RCW 30.42.060(3) and 30.42.120(1), but there shall be
excluded all amounts due from the head office and any other
branch, agency, or other office or wholly-owned subsidiary
of the bank, except those amounts due from such offices or
subsidiaries located within the United States and payable in
United States dollars.
(3) If deposits are not insured by the federal deposit
insurance corporation, then that fact shall be disclosed to all
depositors pursuant to rules of the director.
(4) If the branch conducts an international banking facility, the deposits of which are exempt from reserve requirements of the federal reserve banking system, the liabilities of
30.42.120
(2008 Ed.)
30.42.130
that facility shall be excluded from the deposit and other liabilities of the branch for the purposes of subsection (1) of this
section. [1994 c 92 § 89; 1982 c 95 § 2; 1975 1st ex.s. c 285
§ 2; 1973 1st ex.s. c 53 § 12.]
Effective date—1982 c 95: See note following RCW 30.42.070.
30.42.130 Taking possession by director—Reasons—
Disposition of deposits—Claims—Priorities. The director
may take possession of the office of an alien bank for the reasons stated and in the manner provided in chapter 30.44
RCW. Upon the director taking such possession of a branch,
no deposit liabilities of which are insured by the federal
deposit insurance corporation, the amounts deposited pursuant to RCW 30.42.120(1) shall thereupon become the property of the director, free and clear of any and all liens and
other claims, and shall be held by the director in trust for the
United States domiciled depositors of the office in this state
of such alien bank. Upon obtaining the approval of the superior court of Thurston county, the director shall reduce such
deposited capital to cash and as soon as practicable distribute
it to such depositors.
If sufficient cash is available, such distribution shall be
in equal amounts to each such depositor: PROVIDED, That
no such depositor receives more than the amount of his or her
deposit or an amount equal to the maximum amount insured
by the federal deposit insurance corporation, whichever is
less. If sufficient cash is not available, such distribution shall
be on a pro rata basis to each such depositor: PROVIDED,
That no such depositor receives more than the maximum
amount insured by the federal deposit insurance corporation.
If any cash remains after such distribution, it shall be distributed pro rata to those depositors whose deposits have not
been paid in full: PROVIDED, That no depositor receives
more than the amount of his deposit. For purposes of this section, the term "depositor" shall not include any other offices,
subsidiaries or affiliates of such alien bank.
The term "deposit" as used in this section shall mean the
unpaid balance of money or its equivalent received or held by
the branch in the usual course of its business and for which it
has given or is obligated to give credit, either conditionally or
unconditionally to a demand, time or savings account, or
which is evidenced by its certificate of deposit, or a check or
draft drawn against a deposit account and certified by the
branch, or a letter of credit or traveler’s checks on which the
branch is primarily liable.
Claims of depositors and creditors shall be made and disposed of in the manner provided in chapter 30.44 RCW in the
event of insolvency or inability of the bank to pay its creditors in this state. The capital deposit of the bank shall be
available for claims of depositors and creditors. The claims of
depositors and creditors shall be paid from the capital deposit
in the following order or priority:
(1) Claims of depositors not paid from the amounts
deposited pursuant to RCW 30.42.120(1);
(2) Claims of Washington domiciled creditors;
(3) Other creditors domiciled in the United States; and
(4) Creditors domiciled in foreign countries.
The director shall proceed in accordance with and have
all the powers granted by chapter 30.44 RCW. [1994 c 92 §
90; 1973 1st ex.s. c 53 § 13.]
30.42.130
[Title 30 RCW—page 45]
30.42.140
Title 30 RCW: Banks and Trust Companies
30.42.140 Investigations—Examinations. The director, without previous notice, shall visit the office of an alien
bank doing business in this state pursuant to this chapter at
least once every eighteen months, and more often if necessary, for the purpose of making a full investigation into the
condition of such office, and for that purpose they are hereby
empowered to administer oaths and to examine under oath
any director or member of its governing body, officer,
employee, or agent of such alien bank or office. The director
shall make such other full or partial examination as he or she
deems necessary. The director shall collect, from each alien
bank for each examination of the conditions of its office in
this state, the estimated actual cost of such examination.
[2001 c 176 § 1; 1994 c 92 § 91; 1982 c 95 § 3; 1973 1st ex.s.
c 53 § 14.]
30.42.140
Effective date—1982 c 95: See note following RCW 30.42.070.
30.42.145 Examination reports and information—
Confidential—Privileged—Penalty. See RCW 30.04.075.
30.42.145
30.42.150 Loans subject to usury laws. Loans made
by an office shall be subject to the laws of the state of Washington relating to usury. [1973 1st ex.s. c 53 § 15.]
30.42.150
30.42.155 Powers and activities. (1) In addition to the
taking of deposits and making of loans as provided in this
chapter, a branch of an alien bank shall have the power only
to carry out these other activities:
(a) Borrow funds from banks and other financial institutions;
(b) Make investments to the same extent as a state bank
chartered pursuant to Title 30 RCW;
(c) Buy and sell foreign exchange;
(d) Receive checks, bills, drafts, acceptances, notes,
bonds, coupons, and other securities for collection abroad
and collect such instruments in the United States for customers abroad;
(e) Hold securities in safekeeping for, or buy and sell
securities upon the order and for the risk of, customers
abroad;
(f) Act as paying agent for securities issued by foreign
governments or other organizations organized under foreign
law and not qualified under the laws of the United States, or
of any state or the District of Columbia, to do business in the
United States;
(g) In order to prevent loss on debts previously contracted a branch may acquire shares in a corporation: PROVIDED, That the shares are disposed of as soon as practical
but in no event later than two years from the date of acquisition;
(h) Issue letters of credit and create acceptances;
(i) Act as paying agent or trustee in connection with revenue bonds issued pursuant to chapter 39.84 RCW, in which
the user is: (i) A corporation organized under the laws of a
country other than the United States, or a subsidiary or affiliate owned or controlled by such a corporation; or (ii) a corporation, partnership, or other business organization, the majority of the beneficial ownership of which is owned by persons
who are citizens of a country other than the United States and
who are not residents of the United States, and any subsidiary
30.42.155
[Title 30 RCW—page 46]
or affiliate owned or controlled by such an organization; or in
which the bank purchases twenty-five percent or more of the
bond issue. For the purposes of chapter 39.84 RCW, such an
alien bank shall be deemed to possess trust powers.
(2) In addition to the powers and activities expressly
authorized by this section, a branch shall have the power to
carry on such additional activities which are necessarily incidental to the activities expressly authorized by this section.
[1982 c 95 § 5.]
Effective date—1982 c 95: See note following RCW 30.42.070.
30.42.160 Powers as to real estate. An alien bank may
purchase, hold and convey real estate for the following purposes and no other:
(1) Such as shall be necessary for the convenient transaction of its business, including with its banking offices other
apartments in the same building to rent as a source of income:
PROVIDED, That not to exceed thirty percent of its capital
and surplus and undivided profits may be so invested without
the approval of the director.
(2) Such as shall be purchased or conveyed to it in satisfaction, or on account of, debts previously contracted in the
course of business.
(3) Such as it shall purchase at sale under judgments,
decrees, liens or mortgage foreclosures, against securities
held by it.
(4) Such as it may take title to or for the purpose of
investing in real estate conditional sales contracts.
(5) Such as shall be convenient for the residences of its
employees.
No real estate except that specified in subsections (1) and
(5) of this section may be carried as an asset on the corporation’s books for a longer period than five years from the date
title is acquired thereto, unless an extension of time be
granted by the director. [1994 c 92 § 92; 1975 1st ex.s. c 285
§ 3; 1973 1st ex.s. c 53 § 16.]
30.42.160
30.42.170 Advertising, status of federal insurance on
deposits to be included—Gifts for new deposits. (1) An
alien bank that advertises the services of its branch in the
state of Washington shall indicate on all advertising materials
whether or not deposits placed with its branch are insured by
the federal deposit insurance corporation.
(2) A branch shall not make gifts to a new deposit customer of a greater value than five dollars in total. The value
of the gifts shall be the cost to the branch of acquiring said
gift. [1973 1st ex.s. c 53 § 17.]
30.42.170
30.42.180 Approved agencies—Powers and activities. An approved agency of an alien bank may engage in the
business of making loans and guaranteeing obligations for
the financing of the international movement of goods and services and for all operational needs including working capital
and short-term operating needs and for the acquisition of
fixed assets. Other than such activities, such agency may
engage only in the following activities:
(1) Borrow funds from banks and other financial institutions;
(2) Buy and sell foreign exchange;
30.42.180
(2008 Ed.)
Alien Banks
(3) Receive checks, bills, drafts, acceptances, notes,
bonds, coupons, and other securities for collection abroad
and collect such instruments in the United States for customers abroad;
(4) Hold securities in safekeeping for, or buy and sell
securities upon the order and for the risk of, customers
abroad;
(5) Act as paying agent for securities issued by foreign
governments or other organizations organized under foreign
law and not qualified under the laws of the United States, or
any state or the District of Columbia to do business in the
United States;
(6) In order to prevent loss on debts previously contracted, an agency may acquire shares in a corporation: PROVIDED, That the shares are disposed of as soon as practical,
but in no event later than two years from the date of acquisition;
(7) Issue letters of credit and create acceptances;
(8) In addition to the powers and activities expressly
authorized by this section, an agency shall have the power to
carry on such additional activities which are necessarily incidental to the activities expressly authorized by this section.
[1973 1st ex.s. c 53 § 18.]
30.42.190 Bonding requirements for officers and
employees. All officers and employees of an office shall be
subject to the same bonding requirements as are officers and
employees of banks incorporated under the laws of this state.
[1973 1st ex.s. c 53 § 19.]
30.42.260
of its charter, certificate, or other authorization to do business
with the secretary of state and with the recording officer of
the county in which the bureau is to be located. Upon such filing, the director shall issue a certificate of authority stating
that the alien bank is authorized to operate a bureau in this
state at the place designated in accordance with this chapter.
No such certificate shall be transferable or assignable. Such
certificate shall be conspicuously displayed at all times in the
place of business specified therein.
A bureau of an alien bank must commence business
within six months after the issuance of the director’s certificate: PROVIDED, That the director for good cause shown
may extend such period for an additional time not to exceed
three months. [1994 c 92 § 94; 1973 1st ex.s. c 53 § 22.]
30.42.230
30.42.230 Bureaus—Number—Powers. An alien
bank may have as many bureaus in this state as the director
will authorize. A bureau in this state may provide information
about services offered by the alien bank, its subsidiaries and
affiliates and may gather and provide business and economic
information. A bureau may not take deposits, make loans or
transact other commercial or banking business in this state.
[1994 c 92 § 95; 1973 1st ex.s. c 53 § 23.]
30.42.190
30.42.200 Books and accounts—English language.
The books and accounts of an office and a bureau shall be
kept in words and figures of the English language. [1973 1st
ex.s. c 53 § 20.]
30.42.240
30.42.240 Bureaus—Examinations. The director is
empowered to examine the bureau operations of an alien
bank whenever he or she deems it necessary. The director
shall collect from such alien bank the estimated actual cost of
such examination. [1994 c 92 § 96; 1973 1st ex.s. c 53 § 24.]
30.42.200
30.42.210 Bureaus—Application procedure. (1)
Application procedure. An alien bank shall not establish and
operate a bureau in this state unless it is authorized to do so
and unless it has met the following conditions:
(a) It has filed with the director an application in such
form and containing such information as shall be prescribed
by the director;
(b) It has paid the fee required by law and established by
the director pursuant to RCW 30.08.095;
(c) It has received from the director a certificate authorizing the applicant bank to establish and operate a bureau in
conformity herewith.
(2) Upon receipt of the bank’s application, and the conducting of such examination or investigation as the director
deems necessary and appropriate and being satisfied that the
opening of such bureau will be consistent with the purposes
of this chapter, the director may grant approval for the bureau
and issue a certificate authorizing the alien bank to establish
and operate a bureau in the state of Washington. [1994 c 92
§ 93; 1973 1st ex.s. c 53 § 21.]
30.42.210
30.42.220 Bureaus—Approval—Certificate of
authority—Time limit for commencing business. If the
director approves the application, he or she shall notify the
alien bank of his or her approval and shall file certified copies
30.42.220
(2008 Ed.)
30.42.250
30.42.250 Temporary facilities at trade fairs, etc. An
alien bank may operate temporary facilities at trade fairs or
other commercial events of short duration without first
obtaining the approval of the director: PROVIDED, That the
activities of such temporary facility are limited solely to the
dissemination of information: AND PROVIDED FURTHER, If an alien bank engages in such activity, it shall
notify the director in writing prior to opening of the nature
and location of such facility. The director is empowered to
investigate the operation of such temporary facility if he or
she deems it necessary, and to collect from the alien bank the
estimated actual cost thereof. [1994 c 92 § 97; 1973 1st ex.s.
c 53 § 25.]
30.42.260
30.42.260 Reports. (1) An office of an alien bank shall
file the following reports with the director within such times
and in such form as the director shall prescribe by rule:
(a) A statement of condition of the office;
(b) A capital position report of the office;
(c) A consolidated statement of condition of an alien
bank.
(2) An office of an alien bank shall publish such reports
as the director by rule may prescribe.
(3) An alien bank operating a bureau in this state shall
file a copy of the alien bank’s annual financial report with the
director as soon as possible following the end of each fiscal
year and shall file such other material as the director may prescribe by rule. [1994 c 92 § 98; 1973 1st ex.s. c 53 § 26.]
[Title 30 RCW—page 47]
30.42.270
Title 30 RCW: Banks and Trust Companies
30.42.270 Taxation. An office of an alien bank shall be
taxed on the same basis as are banks incorporated under the
laws of this state. [1973 1st ex.s. c 53 § 27.]
30.42.270
30.42.280 Directors, officers, and employees—
Duties, responsibilities and restrictions—Removal. The
directors or other governing body of an alien bank and the
officers and employees of its office in this state shall be subject to all of the duties, responsibilities and restrictions to
which the directors, officers and employees of a bank organized under the laws of this state are subject insofar as such
duties, responsibilities and restrictions are not inconsistent
with the intent of this chapter. An officer or employee of the
office of an alien bank doing business in this state pursuant to
this chapter may be removed for the reasons stated and in the
manner provided in RCW 30.12.040, as now or hereafter
amended. [1973 1st ex.s. c 53 § 28.]
30.42.280
30.42.290 Compliance—Violations—Penalties. (1)
The director shall have the responsibility for assuring compliance with the provisions of this chapter. An alien bank that
conducts business in this state in violation of any provisions
of this chapter is guilty of a misdemeanor and in addition
thereto shall be liable in the sum of one hundred dollars per
day that each such offense continues, such sum to be recovered by the attorney general in a civil action in the name of
the state.
(2) Every person who shall knowingly subscribe to or
make or cause to be made any false entry in the books of any
alien bank office or bureau doing business in this state pursuant to this chapter or shall knowingly subscribe to or exhibit
any false or fictitious paper or security, instrument or paper,
with the intent to deceive any person authorized to examine
into the affairs of any such office or bureau or shall make,
state or publish any false statement of the amount of the
assets or liabilities of any such office or bureau is guilty of a
class B felony punishable according to chapter 9A.20 RCW.
(3) Every director or member of the governing body,
officer, employee or agent of such alien bank operating an
office or bureau in this state who conceals or destroys any
fact or otherwise suppresses any evidence relating to a violation of this chapter is guilty of a class B felony punishable
according to chapter 9A.20 RCW.
(4) Any person who transacts business in this state on
behalf of an alien bank which is subject to the provisions of
this chapter, but which is not authorized to transact such business pursuant to this chapter is guilty of a misdemeanor and
in addition thereto shall be liable in the sum of one hundred
dollars per day for each day that such offense continues, such
sum to be recovered by the attorney general in a civil action
in the name of the state. [2003 c 53 § 189; 1994 c 92 § 99;
1973 1st ex.s. c 53 § 29.]
30.42.290
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
30.42.300 Suspension or revocation of certificate to
operate—Grounds. If the director finds that any alien bank
to which he or she has issued a certificate to operate an office
or bureau in this state pursuant to this chapter has violated
any law or rule, or has conducted its affairs in an unauthorized manner, or has been unresponsive to the director’s law30.42.300
[Title 30 RCW—page 48]
ful orders or directions, or is in an unsound or unsafe condition, or cannot with safety and expediency continue business,
or if he or she finds that the alien bank’s country is unjustifiably refusing to allow banks qualified to do business in and
having their principal office within this state to operate
offices or similar operations in such country, the director may
suspend or revoke the certificate of such alien bank and
notify it of such suspension or revocation. [1994 c 92 § 100;
1973 1st ex.s. c 53 § 30.]
30.42.310 Change of location. An alien bank licensed
to maintain an office or bureau in this state pursuant to this
chapter may apply to the director for leave to change the location of its office or bureau. Such applications shall be accompanied by an investigation fee as established in accordance
with RCW 30.42.330. Leave for a change of location shall be
granted if the director finds that the proposed new location
offers reasonable promise of adequate support for the office.
[1994 c 92 § 101; 1973 1st ex.s. c 53 § 31.]
30.42.310
30.42.320 Rules. The director shall have power to
adopt uniform rules to govern examination and reports of
alien bank offices and bureaus doing business in this state
pursuant to this chapter and the form in which they shall
report their assets, liabilities, and reserves, charge off bad
debts and otherwise keep their records and accounts and otherwise to govern the administration of this chapter. [1994 c
92 § 102; 1973 1st ex.s. c 53 § 32.]
30.42.320
30.42.330 Fees. The director shall collect in advance
from an alien bank for filing its application for an office or a
bureau and the attendant investigation, and for such other
applications, approvals or certificates provided herein, such
fee as shall be established by rule adopted pursuant to the
administrative procedure act, chapter 34.05 RCW, as now or
hereafter amended. The alien bank shall also pay to the secretary of state and the county recording officer for filing instruments as required by this chapter the same fees as are charged
general corporations for the filing of similar instruments and
also the same license fees as are required of foreign corporations doing business in this state. [1994 c 92 § 103; 1973 1st
ex.s. c 53 § 33.]
30.42.330
30.42.340 Alien banks or branches in business on or
before effective date. (1) Any branch of an alien bank that is
conducting business in this state on July 16, 1973 pursuant to
RCW 30.04.300 shall not be subject to the provisions of this
chapter, and shall continue to conduct its business pursuant to
RCW 30.04.300.
(2) Except as provided in subsection (1) of this section,
any alien bank that is conducting business in this state on July
16, 1973 shall be subject to the provisions of this chapter:
PROVIDED, That any such alien bank which has operated an
agency or similar operation in this state for at least the five
years immediately preceding such effective date shall not be
denied a certificate to operate an agency. [1973 1st ex.s. c 53
§ 34.]
30.42.340
30.42.900 Severability—1973 1st ex.s. c 53. If any
provision of this 1973 amendatory act, or its application to
30.42.900
(2008 Ed.)
Insolvency and Liquidation
any person or circumstance is held invalid, the remainder of
this 1973 amendatory act, or the application of the provisions
to other persons or circumstances shall not be affected. [1973
1st ex.s. c 53 § 38.]
Chapter 30.43
Chapter 30.43 RCW
SATELLITE FACILITIES
Sections
30.43.005
Finding—Definition of "off-premises electronic facilities."
30.43.005 Finding—Definition of "off-premises electronic facilities." The legislature finds that the establishment and operation of off-premises electronic facilities,
inside and outside the state of Washington, and the participation by financial institutions in arrangements for the sharing
of such facilities, facilitates the delivery of financial services
to the citizens of the state of Washington. The term "off-premises electronic facilities" includes, without limitation, automated teller machines, cash-dispensing machines, point-ofsale terminals, and merchant-operated terminals. [1994 c 256
§ 57.]
30.44.040
concerns, or that it has failed to carry out any authorized
order or direction of an examiner, the director may give
notice to the bank or trust company so offending or delinquent or whose director or officer is thus offending or delinquent to correct such offense or delinquency and if such bank
or trust company fails to comply with the terms of such notice
within thirty days from the date of its issuance or within such
further time as the director may allow, then the director may
take possession of such bank or trust company as in case of
insolvency. [1994 c 92 § 107; 1955 c 33 § 30.44.010. Prior:
1917 c 80 § 59; 1915 c 98 § 1; RRS § 3266.]
30.43.005
Findings—Construction—1994 c 256: See RCW 43.320.007.
Chapter 30.44
Chapter 30.44 RCW
INSOLVENCY AND LIQUIDATION
Sections
30.44.010
30.44.020
30.44.030
30.44.040
30.44.050
30.44.060
30.44.070
30.44.080
30.44.090
30.44.100
30.44.110
30.44.120
30.44.130
30.44.140
30.44.150
30.44.160
30.44.170
30.44.180
30.44.190
30.44.200
30.44.210
30.44.220
30.44.230
30.44.240
30.44.250
30.44.260
30.44.270
30.44.280
Delinquencies, notice to correct—Possession may be taken.
Director may order levy of assessment.
Director’s right to take possession may be contested.
Notice of taking possession.
Powers and duties of director.
Notice to creditors—Claims.
Inventory—List of claims.
Objections to approved claims.
Dividends.
Receiver prohibited except in emergency.
Preferences prohibited—Penalty.
Receiving deposits when insolvent—Penalty.
Expense of liquidation.
Liquidation after claims are paid.
Unclaimed dividends—Disposition.
Voluntary closing—Notice.
Voluntary liquidation—Notice to creditors.
Unclaimed dividends on voluntary liquidation.
Disposition of unclaimed personal property.
Duty of director—Notice to owner.
Final notice after two years—Sale.
Disposition of proceeds—Escheat.
Procedure as to papers, documents, etc.
Transfer of assets and liabilities to another bank or trust company.
Reopening.
Destruction of records after liquidation.
Federal deposit insurance corporation as receiver or liquidator—Appointment—Powers and duties.
Payment or acquisition of deposit liabilities by federal deposit
insurance corporation—Not hindered by judicial review—
Liability.
30.44.010 Delinquencies, notice to correct—Possession may be taken. Whenever it shall in any manner appear
to the director that any bank or trust company has violated
any provision of law or is conducting its business in an unsafe
manner or that it refuses to submit its books, papers, or concerns to lawful inspection or that any director or officer
thereof refuses to submit to examination on oath touching its
30.44.010
(2008 Ed.)
30.44.020 Director may order levy of assessment.
Whenever it shall in any manner appear to the director that
any offense or delinquency referred to in RCW 30.44.010
renders a bank or trust company in an unsound or unsafe condition to continue its business or that its capital or surplus is
reduced or impaired below the amount required by its articles
of incorporation or by this title, or that it has suspended payment of its obligations or is insolvent, the director may notify
such bank or trust company to levy an assessment on its stock
or otherwise to make good such impairment or offense or
other delinquency within such time and in such manner as he
or she may specify or if he or she deems necessary he or she
may take possession thereof without notice.
The board of directors of any such bank or trust company, with the consent of the holders of record of two-thirds
of the capital stock expressed either in writing or by vote at a
stockholders’ meeting called for that purpose, shall have
power and authority to levy such assessment upon the stockholders pro rata and to forfeit the stock upon which any such
assessment is not paid, in the manner prescribed in RCW
30.12.180. [1994 c 92 § 108; 1955 c 33 § 30.44.020. Prior:
1923 c 115 § 9; 1917 c 80 § 60; RRS § 3267.]
30.44.020
Levy of assessments: RCW 30.12.180.
30.44.030 Director’s right to take possession may be
contested. Within ten days after the director takes possession thereof, a bank or trust company may serve a notice upon
the director to appear before the superior court of the county
wherein such corporation is located and at a time to be fixed
by said court, which shall not be less than five nor more than
fifteen days from the date of the service of such notice, to
show cause why such corporation should not be restored to
the possession of its assets. Upon the return day of such
notice, or such further day as the matter may be continued to,
the court shall summarily hear said cause and shall dismiss
the same, if it be found that possession was taken by the
director in good faith and for cause, but if it find that no cause
existed for the taking possession of such corporation, it shall
require the director to restore such bank or trust company to
possession of its assets and enjoin him or her from further
interference therewith without cause. [1994 c 92 § 109; 1955
c 33 § 30.44.030. Prior: 1917 c 80 § 68; RRS § 3275.]
30.44.030
30.44.040 Notice of taking possession. Upon taking
possession of any bank or trust company, the director shall
forthwith give written notice thereof to all persons having
possession of any assets of such corporation. No person
knowing of the taking of such possession by the director shall
30.44.040
[Title 30 RCW—page 49]
30.44.050
Title 30 RCW: Banks and Trust Companies
have a lien or charge for any payment thereafter advanced or
clearance thereafter made or liability thereafter incurred
against any of the assets of such corporation. [1994 c 92 §
110; 1955 c 33 § 30.44.040. Prior: 1917 c 80 § 61; 1915 c 98
§ 2; RRS § 3268.]
30.44.050
30.44.050 Powers and duties of director. Upon taking
possession of any bank or trust company, the director shall
proceed to collect the assets thereof and to preserve, administer and liquidate the business and assets of such corporation.
With the approval of the superior court of the county in which
such corporation is located, he or she may sell, compound or
compromise bad or doubtful debts, and upon such terms as
the court shall direct borrow, mortgage, pledge or sell all or
any part of the real estate and personal property of such corporation. He or she shall deliver to each purchaser or lender
an appropriate deed, mortgage, agreement of pledge or other
instrument of title or security. If real estate is situated outside
of said county, a certified copy of the orders authorizing and
confirming the sale or mortgage thereof shall be filed for
record in the office of the auditor of the county in which such
property is situated. He or she may appoint special assistants
and other necessary agents to assist in the administration and
liquidation of such corporation, a certificate of such appointment to be filed with the clerk of the county in which such
corporation is located. He or she shall require each special
assistant to give a surety company bond, conditioned as he or
she shall provide, the premium of which shall be paid out of
the assets of such corporation. He or she may also employ an
attorney for legal assistance in such administration and liquidation. [1994 c 92 § 111; 1955 c 33 § 30.44.050. Prior: 1933
c 42 § 25; 1917 c 80 § 62; 1915 c 98 § 3; RRS § 3269.]
30.44.060
30.44.060 Notice to creditors—Claims. The director
shall publish once a week for four consecutive weeks in a
newspaper which he or she shall select, a notice requiring all
persons having claims against such corporation to make
proof thereof at the place therein specified not later than
ninety days from the date of the first publication of said
notice, which date shall be therein stated. He or she shall mail
similar notices to all persons whose names appear as creditors upon the books of the corporation. He or she may
approve or reject any claims, but shall serve notice of rejection upon the claimant by mail or personally. An affidavit of
service of such notice shall be prima facie evidence thereof.
No action shall be brought on any claim after three months
from the date of service of notice of rejection.
Claims of depositors may be presented after the expiration of the time fixed in the notice, and, if approved, shall be
entitled to their proportion of prior dividends, if there be
funds sufficient therefor, and shall share in the distribution of
the remaining assets.
After the expiration of the time fixed in the notice the
director shall have no power to accept any claim except the
claim of a depositor, and all claims except the claims of
depositors shall be barred. [1994 c 92 § 112; 1955 c 33 §
30.44.060. Prior: 1923 c 115 § 10; 1917 c 80 § 63; 1915 c 98
§ 4; RRS § 3270.]
[Title 30 RCW—page 50]
30.44.070 Inventory—List of claims. Upon taking
possession of such corporation, the director shall make an
inventory of the assets in duplicate and file one in his or her
office and one in the office of the county clerk. Upon the
expiration of the time fixed for the presentation of claims, he
or she shall make a duplicate list of claims presented, segregating those approved and those rejected, to be filed as aforesaid. He or she shall also make and file a supplemental list of
claims at least fifteen days before the declaration of any dividend, and in any event at least every six months. [1994 c 92
§ 113; 1955 c 33 § 30.44.070. Prior: 1917 c 80 § 65; 1915 c
98 § 6; RRS § 3272.]
30.44.070
30.44.080 Objections to approved claims. Objection
may be made by any interested person to any claim approved
by the director, which objection shall be determined by the
court upon such notice to the claimant and objector as the
court shall prescribe. [1994 c 92 § 114; 1955 c 33 §
30.44.080. Prior: 1917 c 80 § 67; 1915 c 98 § 8; RRS §
3274.]
30.44.080
30.44.090 Dividends. At any time after the expiration
of the date fixed for the presentation of claims, the director,
subject to the approval of the court, may declare one or more
dividends out of the funds remaining in his or her hands after
the payment of expenses. [1994 c 92 § 115; 1955 c 33 §
30.44.090. Prior: 1917 c 80 § 66; 1915 c 98 § 7; RRS §
3273.]
30.44.090
30.44.100 Receiver prohibited except in emergency.
No receiver shall be appointed by any court for any bank or
trust company nor shall any assignment of any bank or trust
company for the benefit of creditors be valid, excepting only
that a court otherwise having jurisdiction may in case of
imminent necessity appoint a temporary receiver to take possession of and preserve the assets of such corporation. Immediately upon any such appointment, the clerk of such court
shall notify the director by telegraph and mail of such
appointment and the director shall forthwith take possession
of such bank or trust company, as in case of insolvency, and
such temporary receiver shall upon demand of the director
surrender up to him or her such possession and all assets
which shall have come into the hands of such receiver. The
director shall in due course pay such receiver out of the assets
of such corporation such amount as the court shall allow.
[1994 c 92 § 116; 1955 c 33 § 30.44.100. Prior: 1917 c 80 §
69; 1915 c 98 § 9; RRS § 3276.]
30.44.100
30.44.110 Preferences prohibited—Penalty. Every
transfer of its property or assets by any bank or trust company
in this state, made in contemplation of insolvency, or after it
shall have become insolvent, with a view to the preference of
one creditor over another, or to prevent the equal distribution
of its property and assets among its creditors, shall be void.
Every director, officer, or employee making any such transfer
is guilty of a class B felony punishable according to chapter
9A.20 RCW. [2003 c 53 § 190; 1955 c 33 § 30.44.110. Prior:
1917 c 80 § 55; RRS § 3262.]
30.44.110
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
(2008 Ed.)
Insolvency and Liquidation
30.44.120 Receiving deposits when insolvent—Penalty. An officer, director or employee of any bank or trust
company who shall fraudulently receive for it any deposit,
knowing that such bank or trust company is insolvent, is
guilty of a class B felony punishable according to chapter
9A.20 RCW. [2003 c 53 § 191; 1955 c 33 § 30.44.120. Prior:
1933 c 42 § 26; 1917 c 80 § 81; RRS § 3288.]
30.44.120
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Receiving deposits after insolvency prohibited: State Constitution Art. 12 §
12.
30.44.130 Expense of liquidation. All expenses
incurred by the director in taking possession, administering
and winding up any such corporation, including the expenses
of assistants and reasonable fees for any attorney who may be
employed in connection therewith, and the reasonable compensation of any special assistant placed in charge of such
corporation shall be a first charge upon the assets thereof.
Such charges shall be fixed by the director, subject to the
approval of the court. [1994 c 92 § 117; 1955 c 33 §
30.44.130. Prior: 1917 c 80 § 64; 1915 c 98 § 5; RRS §
3271.]
30.44.130
30.44.140 Liquidation after claims are paid. When
all proper claims of depositors and creditors (not including
stockholders) have been paid, as well as all expenses of
administration and liquidation and proper provision has been
made for unclaimed or unpaid deposits and dividends, and
assets still remain in his or her hands, the director shall call a
meeting of the stockholders of such corporation, giving thirty
days’ notice thereof, by one publication in a newspaper published in the county where such corporation is located. At
such meeting, each share shall entitle the holder thereof to a
vote in person or by proxy. A vote by ballot shall be taken to
determine whether the director shall wind up the affairs of
such corporation or the stockholders appoint an agent to do
so. The director, if so required, shall wind up such corporation and distribute its assets to those entitled thereto. If the
appointment of an agent is determined upon, the stockholders
shall forthwith select such agent by ballot. Such agent shall
file a bond to the state of Washington in such amount and so
conditioned as the director shall require. Thereupon the director shall transfer to such agent the assets of such corporation
then remaining in his or her hands, and be relieved from further responsibility in reference to such corporation. Such
agent shall convert the assets of such corporation into cash
and distribute the same to the parties thereunto entitled, subject to the supervision of the court. In case of his or her death,
removal or refusal to act, the stockholders may select a successor with like powers. [1994 c 92 § 118; 1955 c 33 §
30.44.140. Prior: 1917 c 80 § 70; RRS § 3277.]
30.44.140
30.44.150 Unclaimed dividends—Disposition. Any
dividends to depositors or other creditors of such bank or
trust company remaining uncalled for and unpaid in the
hands of the director for six months after order of final distribution, shall be deposited in a bank or trust company to his or
her credit, in trust for the benefit of the persons entitled
thereto and subject to the supervision of the court shall be
30.44.190
paid by him or her to them upon receipt of satisfactory evidence of their right thereto.
All moneys so deposited remaining unclaimed for five
years after deposit shall escheat to the state for the benefit of
the permanent school fund and shall be paid by the director
into the state treasury. It shall not be necessary to have the
escheat adjudged in a suit or action. [1994 c 92 § 119; 1955
c 33 § 30.44.150. Prior: 1923 c 115 § 11; 1917 c 80 § 71;
RRS § 3278.]
30.44.160 Voluntary closing—Notice. Any bank or
trust company may place itself under the control of the director to be liquidated as herein provided by posting a notice on
its door as follows: "This bank (trust company) is in the
hands of the State Director of Financial Institutions."
Immediately upon the posting of such notice, the officers
of such corporation shall notify the director thereof by telegraph and mail. The posting of such notice or the taking possession of any bank or trust company by the director shall be
sufficient to place all of its assets and property of every
nature in his or her possession and bar all attachment proceedings. [1994 c 92 § 120; 1955 c 33 § 30.44.160. Prior:
1917 c 80 § 72; RRS § 3279.]
30.44.160
30.44.170 Voluntary liquidation—Notice to creditors. Any bank or trust company may, upon receipt of written permission from the director, go into voluntary liquidation by a vote of its stockholders owning two-thirds of its
capital stock. When such liquidation is authorized, the directors of such corporation shall publish in a newspaper published in the place where such corporation is located, once a
week for four consecutive weeks, a notice requiring creditors
of such corporation to present their claims against it for payment. [1994 c 92 § 121; 1955 c 33 § 30.44.170. Prior: 1917
c 80 § 74; RRS § 3281.]
30.44.170
30.44.180 Unclaimed dividends on voluntary liquidation. Whenever any bank or trust company shall voluntarily
liquidate, any dividends to depositors or other creditors of
such bank or trust company remaining uncalled for and
unpaid at the conclusion of the liquidation shall be transmitted to the director and shall be deposited by him or her in a
bank or trust company to his or her credit in trust for the benefit of the persons entitled thereto, and shall be paid by him or
her to them upon receipt of satisfactory evidence of their right
thereto.
All moneys so deposited remaining unclaimed for five
years after deposit shall escheat to the state for the benefit of
the permanent school fund and shall be paid by the director
into the state treasury. It shall not be necessary to have the
escheat adjudged in a suit or action. [1994 c 92 § 122; 1955
c 33 § 30.44.180. Prior: 1947 c 148 § 1; Rem. Supp. 1947 §
3281-1.]
30.44.180
30.44.150
(2008 Ed.)
30.44.190 Disposition of unclaimed personal property. Whenever any bank or trust company shall be liquidated, voluntarily or involuntarily, and shall retain in its possession at the conclusion of the liquidation, uncalled for and
unclaimed personal property left with it for safekeeping, such
property shall, in the presence of at least one witness, be
30.44.190
[Title 30 RCW—page 51]
30.44.200
Title 30 RCW: Banks and Trust Companies
inventoried by the liquidating agent and sealed in separate
packages, each package plainly marked with the name and
last known address of the person in whose name the property
stands on the books of the bank or trust company. If the property is in safe deposit boxes, such boxes shall be opened by
the liquidating agent in the presence of at least one witness,
and the property inventoried, sealed in packages and marked
as above required. All the packages shall be transmitted to the
director, together with certificates signed by the liquidating
agent and witness or witnesses, listing separately the property
standing in the name of any one person on the books of the
bank or trust company, together with the date of inventory,
and name and last known address of the person in whose
name the property stands. [1994 c 92 § 123; 1955 c 33 §
30.44.190. Prior: 1947 c 148 § 2; Rem. Supp. 1947 §
3281-2.]
30.44.200
30.44.200 Duty of director—Notice to owner. Upon
receiving possession of the packages, the director shall cause
them to be opened in the presence of at least one witness, the
property reinventoried, and the packages resealed, and held
for safekeeping. The liquidated bank, its directors, officers,
and shareholders, and the liquidating agent shall thereupon be
relieved of responsibility and liability for the property so
delivered to and received by the director. The director shall
send immediately to each person in whose name the property
stood on the books of the liquidated bank or trust company, at
his or her last known address, in a securely closed, postpaid
and registered letter, a notice that the property listed will be
held in his or her name for a period of not less than two years.
At any time after the mailing of such notice, and before the
expiration of two years, such person may require the delivery
of the property so held, by properly identifying himself or
herself and offering evidence of his or her right thereto, to the
satisfaction of the director. [1994 c 92 § 124; 1955 c 33 §
30.44.200. Prior: 1947 c 148 § 3; Rem. Supp. 1947 § 32813.]
30.44.210
30.44.210 Final notice after two years—Sale. After
the expiration of two years from the time of mailing the
notice, the director shall mail in a securely closed postpaid
registered letter, addressed to the person at his or her last
known address, a final notice stating that two years have
elapsed since the sending of the notice referred to in RCW
30.44.200, and that the director will sell all the property or
articles of value set out in the notice, at a specified time and
place, not less than thirty days after the time of mailing the
final notice. Unless the person shall, on or before the day
mentioned, claim the property, identify himself or herself and
offer evidence of his or her right thereto, to the satisfaction of
the director, the director may sell all the property or articles
of value listed in the notice, at public auction, at the time and
place stated in the final notice: PROVIDED, That a notice of
the time and place of sale has been published once within ten
days prior to the sale in a newspaper of general circulation in
the county where the sale is held. Any such property held by
the director, the owner of which is not known, may be sold at
public auction after it has been held by the director for two
years, provided, that a notice of the time and place of sale has
been published once within ten days prior to the sale in a
[Title 30 RCW—page 52]
newspaper of general circulation in the county where the sale
is held. [1994 c 92 § 125; 1985 c 469 § 15; 1955 c 33 §
30.44.210. Prior: 1947 c 148 § 4; Rem. Supp. 1947 § 32814.]
30.44.220 Disposition of proceeds—Escheat. The
proceeds of such sale shall be deposited by the director in a
bank or trust company to his or her credit, in trust for the benefit of the person entitled thereto, and shall be paid by him or
her to such person upon receipt of satisfactory evidence of his
or her right thereto.
All moneys so deposited remaining unclaimed for five
years after deposit shall escheat to the state for the benefit of
the permanent school fund and shall be paid by the director
into the state treasury. It shall not be necessary to have the
escheat adjudged in a suit or action. [1994 c 92 § 126; 1955
c 33 § 30.44.220. Prior: 1947 c 148 § 5; Rem. Supp. 1947 §
3281-5.]
30.44.220
30.44.230 Procedure as to papers, documents, etc.
Whenever the personal property held by a liquidated bank or
trust company shall consist either wholly or in part, of documents, letters, or other papers of a private nature, such documents, letters, or papers shall not be sold, but shall be retained
by the director for a period of five years, and, unless sooner
claimed by the owner, may be thereafter destroyed in the
presence of the director and at least one other witness. [1994
c 92 § 127; 1955 c 33 § 30.44.230. Prior: 1947 c 148 § 6;
Rem. Supp. 1947 § 3281-6.]
30.44.230
30.44.240 Transfer of assets and liabilities to another
bank or trust company. A bank or trust company may for
the purpose of voluntary liquidation transfer its assets and liabilities to another bank or trust company, by a vote, or with
the written consent of the stockholders of record owning twothirds of its capital stock, but only with the written consent of
the director and upon such terms and conditions as he or she
may prescribe. Upon any such transfer being made, or upon
the liquidation of any such corporation for any cause whatever or upon its being no longer engaged in the business of a
bank or trust company, the director shall terminate its certificate of authority, which shall not thereafter be revived or
renewed. When the certificate of authority of any such corporation shall have been revoked, it shall forthwith collect and
distribute its remaining assets, and when that is done the
director shall certify the fact to the secretary of state, whereupon the corporation shall cease to exist and the secretary of
state shall note that fact upon his or her records. [1994 c 92 §
128; 1955 c 33 § 30.44.240. Prior: 1953 c 236 § 1; 1923 c
115 § 12; 1919 c 209 § 17; 1917 c 80 § 75; RRS § 3282.]
30.44.240
30.44.250 Reopening. Whenever the director has taken
possession of a bank or trust company for any cause, he or
she may wind up such corporation and cancel its certificate of
authority, unless enjoined from so doing, as herein provided.
Or if at any time within ninety days after taking possession,
he or she shall determine that all impairment and delinquencies have been made good, and that it is safe and expedient
for such corporation to reopen, he or she may permit such
corporation to reopen upon such terms and conditions as he
30.44.250
(2008 Ed.)
Supervisory Direction—Conservatorship
or she shall prescribe. Before being permitted to reopen,
every such corporation shall pay all of the expenses of the
director, as herein elsewhere defined. [1994 c 92 § 129; 1955
c 33 § 30.44.250. Prior: 1917 c 80 § 73; RRS § 3280.]
30.44.260
30.44.260 Destruction of records after liquidation.
Where any files, records, documents, books of account or
other papers have been taken over and are in the possession
of the director in connection with the liquidation of any insolvent banks or trust companies under the laws of this state, the
director may, in his or her discretion at any time after the
expiration of one year from the declaration of the final dividend, or from the date when such liquidation has been
entirely completed, destroy any of the files, records, documents, books of account or other papers which may appear to
the director to be obsolete or unnecessary for future reference
as part of the liquidation and files of his or her office. [1994
c 92 § 130; 1955 c 33 § 30.44.260. Prior: 1925 ex.s. c 55 § 1;
RRS § 3277-1.]
30.44.270
30.44.270 Federal deposit insurance corporation as
receiver or liquidator—Appointment—Powers and
duties. The federal deposit insurance corporation is hereby
authorized and empowered to be and act without bond as
receiver or liquidator of any bank or trust company the deposits in which are to any extent insured by that corporation and
which shall have been closed on account of inability to meet
the demands of its depositors. In the event of such closing,
the director may appoint the federal deposit insurance corporation as receiver or liquidator of such bank or trust company.
If the corporation accepts such appointment, it shall have and
possess all the powers and privileges provided by the laws of
this state with respect to a liquidator of a bank or trust company, its depositors and other creditors, and be subject to all
the duties of such liquidator, except insofar as such powers,
privileges, or duties are in conflict with the provisions of the
federal deposit insurance act, as now or hereafter amended.
[1994 c 92 § 131; 1973 1st ex.s. c 54 § 1.]
30.44.280
30.44.280 Payment or acquisition of deposit liabilities by federal deposit insurance corporation—Not hindered by judicial review—Liability. The pendency of any
proceedings for judicial review of the director’s actions in
taking possession and control of a bank or trust company and
its assets for the purpose of liquidation shall not operate to
defer, delay, impede, or prevent the payment or acquisition
by the federal deposit insurance corporation of the deposit
liabilities of the bank or trust company which are insured by
the corporation. During the pendency of any proceedings for
judicial review, the director shall make available to the federal deposit insurance corporation such facilities in or of the
bank or trust company and such books, records, and other relevant data of the bank or trust company as may be necessary
or appropriate to enable the corporation to pay out or to
acquire the insured deposit liabilities of the bank or trust
company. The federal deposit insurance corporation and its
directors, officers, agents, and employees, and the director
and his or her agents and employees shall be free from liability to the bank or trust company, its directors, stockholders,
(2008 Ed.)
30.46.020
and creditors for or on account of any action taken in connection herewith. [1994 c 92 § 132; 1973 1st ex.s. c 54 § 2.]
Chapter 30.46 RCW
SUPERVISORY DIRECTION—CONSERVATORSHIP
Chapter 30.46
Sections
30.46.010
30.46.020
30.46.030
30.46.040
30.46.050
30.46.060
30.46.070
30.46.080
30.46.090
30.46.100
Definitions.
Grounds for determining need for supervisory direction—
Abatement of determination—Supervisory direction, procedure—Conservator.
Supervisory direction—Appointment of representative to
supervise—Restrictions on operations.
Conservator—Appointment—Grounds—Powers, duties, and
functions.
Costs as charge against bank’s assets.
Request for review of action—Stay of action—Orders subject
to review.
Suits against bank or conservator, where brought—Suits by
conservator.
Duration of conservator’s term—Rehabilitated banks—Management.
Authority of director.
Rules.
30.46.010 Definitions. For the purposes of this chapter
the following terms shall be defined as follows:
(1) "Unsafe condition" shall mean and include, but not
be limited to, any one or more of the following circumstances:
(a) If a bank’s capital is impaired or impairment of capital is threatened;
(b) If a bank violates the provisions of Title 30 RCW or
any other law or regulation applicable to banks;
(c) If a bank conducts a fraudulent or questionable practice in the conduct of its business that endangers the bank’s
reputation or threatens its solvency;
(d) If a bank conducts its business in an unsafe or unauthorized manner;
(e) If a bank violates any conditions of its charter or any
agreement entered with the director; or
(f) If a bank fails to carry out any authorized order or
direction of the examiner or the director.
(2) "Exceeded its powers" shall mean and include, but
not be limited to the following circumstances:
(a) If a bank has refused to permit examination of its
books, papers, accounts, records, or affairs by the director,
assistant director, or duly commissioned examiners; or
(b) If a bank has neglected or refused to observe an order
of the director to make good, within the time prescribed, any
impairment of its capital.
(3) "Consent" includes and means a written agreement
by the bank to either supervisory direction or conservatorship
under this chapter. [1994 c 92 § 133; 1975 1st ex.s. c 87 § 1.]
30.46.010
30.46.020 Grounds for determining need for supervisory direction—Abatement of determination—Supervisory direction, procedure—Conservator. If upon examination or at any other time it appears to the director that any
bank is in an unsafe condition and its condition is such as to
render the continuance of its business hazardous to the public
or to its depositors and creditors, or if such bank appears to
have exceeded its powers or has failed to comply with the
law, or if such bank gives its consent, then the director shall
upon his or her determination (1) notify the bank of his or her
30.46.020
[Title 30 RCW—page 53]
30.46.030
Title 30 RCW: Banks and Trust Companies
determination, and (2) furnish to the bank a written list of the
director requirements to abate his or her determination, and
(3) if the director makes further determination to directly
supervise, he or she shall notify the bank that it is under the
supervisory direction of the director and that the director is
invoking the provisions of this chapter. If placed under supervisory direction the bank shall comply with the lawful
requirements of the director within such time as provided in
the notice of the director, subject however, to the provisions
of this chapter. If the bank fails to comply within such time
the director may appoint a conservator as hereafter provided.
[1994 c 92 § 134; 1975 1st ex.s. c 87 § 2.]
30.46.030
30.46.030 Supervisory direction—Appointment of
representative to supervise—Restrictions on operations.
During the period of supervisory direction the director may
appoint a representative to supervise such bank and may provide that the bank may not do any of the following during the
period of supervisory direction, without the prior approval of
the director or the appointed representative.
(1) Dispose of, convey or encumber any of the assets;
(2) Withdraw any of its bank accounts;
(3) Lend any of its funds;
(4) Invest any of its funds;
(5) Transfer any of its property; or
(6) Incur any debt, obligation, or liability. [1994 c 92 §
135; 1975 1st ex.s. c 87 § 3.]
30.46.040
30.46.040 Conservator—Appointment—Grounds—
Powers, duties, and functions. After the period of supervisory direction specified by the director for compliance, if he
or she determines that such bank has failed to comply with
the lawful requirements imposed, upon due notice and hearing or by consent of the bank, the director may appoint a conservator, who shall immediately take charge of such bank and
all of its property, books, records, and effects. The conservator shall conduct the business of the bank and take such steps
toward the removal of the causes and conditions which have
necessitated such order, as the director may direct. During the
pendency of the conservatorship the conservator shall make
such reports to the director from time to time as may be
required by the director, and shall be empowered to take all
necessary measures to preserve, protect, and recover any
assets or property of such bank, including claims or causes of
actions belonging to or which may be asserted by such bank,
and to deal with the same in his or her own name as conservator, and shall be empowered to file, prosecute, and defend
any suit and suits which have been filed or which may thereafter be filed by or against such bank which are deemed by
the conservator to be necessary to protect all of the interested
parties for a property affected thereby. The director, or any
newly appointed assistant, may be appointed to serve as conservator. If the director, however, is satisfied that such bank
is not in condition to continue business in the interest of its
depositors or creditors under the conservator as above provided, the director may proceed with appropriate remedies
provided by other provisions of this title. [1994 c 92 § 136;
1975 1st ex.s. c 87 § 4.]
[Title 30 RCW—page 54]
30.46.050 Costs as charge against bank’s assets. All
costs incident to supervisory direction and the conservatorship shall be fixed and determined by the director and shall be
a charge against the assets of the bank to be allowed and paid
as the director may determine. [1994 c 92 § 137; 1975 1st
ex.s. c 87 § 5.]
30.46.050
30.46.060 Request for review of action—Stay of
action—Orders subject to review. During the period of the
supervisory direction and during the period of conservatorship, the bank may request the director to review an action
taken or proposed to be taken by the representative or conservator; specifying wherein the action complained of is
believed not to be in the best interest of the bank, and such
request shall stay the action specified pending review of such
action by the director. Any order entered by the director
appointing a representative and providing that the bank shall
not do certain acts as provided in RCW 30.46.030 and
30.46.040, any order entered by the director appointing a
conservator, and any order by the director following the
review of an action of the representative or conservator as
herein above provided shall be subject to review in accordance with the administrative procedure act of the state of
Washington. [1994 c 92 § 138; 1975 1st ex.s. c 87 § 6.]
30.46.060
30.46.070 Suits against bank or conservator, where
brought—Suits by conservator. Any suit filed against a
bank or its conservator, after the entrance of an order by the
director placing such bank in conservatorship and while such
order is in effect, shall be brought in the superior court of
Thurston county and not elsewhere. The conservator
appointed hereunder for such bank may file suit in any superior court or other court of competent jurisdiction against any
person for the purpose of preserving, protecting, or recovering any asset or property of such bank including claims or
causes of action belonging to or which may be asserted by
such bank. [1994 c 92 § 139; 1975 1st ex.s. c 87 § 7.]
30.46.070
30.46.080 Duration of conservator’s term—Rehabilitated banks—Management. The conservator shall serve
for such time as is necessary to accomplish the purposes of
the conservatorship as intended by this chapter. If rehabilitated, the rehabilitated bank shall be returned to management
or new managements under such conditions as are reasonable
and necessary to prevent recurrence of the condition which
occasioned the conservatorship. [1975 1st ex.s. c 87 § 8.]
30.46.080
30.46.090 Authority of director. If the director determines to act under authority of this chapter, the sequence of
his or her acts and proceedings shall be as set forth in this
chapter. However, it is the purpose and substance of this
chapter to authorize administrative discretion—to allow the
director administrative discretion in the event of unsound
banking operations—and in furtherance of that purpose the
director is hereby authorized to proceed with regulation
either under this chapter or under any other applicable provisions of law or under this chapter in connection with other
law, either as such law is now existing or is hereinafter
enacted, and it is so provided. [1994 c 92 § 140; 1975 1st
ex.s. c 87 § 9.]
30.46.090
(2008 Ed.)
Merger, Consolidation, and Conversion
30.46.100 Rules. The director is empowered to adopt
and promulgate such reasonable rules as may be necessary
for the implementation of this chapter and its purposes.
[1994 c 92 § 141; 1975 1st ex.s. c 87 § 10.]
30.46.100
Chapter 30.49 RCW
MERGER, CONSOLIDATION, AND CONVERSION
Chapter 30.49
Sections
30.49.010
30.49.020
30.49.030
30.49.040
30.49.050
30.49.060
30.49.070
30.49.080
30.49.090
30.49.100
30.49.110
30.49.120
30.49.125
30.49.130
Definitions.
State bank to resulting national bank—Laws applicable—Vote
required—Termination of franchise.
State or national bank to resulting state bank—Law applicable
to nationals.
Merger to resulting state bank—Exception—Agreement, contents, approval, amendment.
Merger to resulting state bank—Stockholders’ vote—Notice
of meeting—Waiver of notice.
Merger to resulting state bank—Effective date—Termination
of charters—Certificate of merger.
Conversion of national to state bank—Requirements—Procedure.
Resulting bank as same business and corporate entity—Use of
name of merging, converting bank.
Rights of dissenting shareholder—Appraisal—Amount due as
debt.
Provision for successors to fiduciary positions.
Assets, business—Time for conformance with state law.
Resulting state bank—Valuation of certain assets limited.
Resulting bank has branches inside and outside of state—
Application—Definitions—Combination or purchase and
assumption requires director’s approval—Deposit concentration limits.
Severability—1955 c 33.
Reorganization as subsidiary of bank holding company: RCW 30.04.550
through 30.04.570.
30.49.010 Definitions. As used in this chapter:
"Merging bank" means a party to a merger;
"Converting bank" means a bank converting from a state
to a national bank, or the reverse;
"Merger" includes consolidation;
"Resulting bank" means the bank resulting from a
merger or conversion.
Wherever reference is made to a vote of stockholders or
a vote of classes of stockholders it shall mean only a vote of
those entitled to vote under the terms of such shares. [1986 c
279 § 43; 1955 c 33 § 30.49.010. Prior: 1953 c 234 § 1.]
30.49.010
30.49.020 State bank to resulting national bank—
Laws applicable—Vote required—Termination of franchise. This section is applicable where there is to be a resulting national bank.
Nothing in the law of this state shall restrict the right of a
state bank to merge with or convert into a resulting national
bank. The action to be taken by such merging or converting
state bank and its rights and liabilities and those of its shareholders shall be the same as those prescribed at the time of the
action for national banks merging with or converting into a
resulting state bank by the law of the United States, and not
by the law of this state, except that a vote of the holders of
two-thirds of each class of voting stock of a state bank shall
be required for the merger or conversion, and that on conversion by a state into a national bank the rights of dissenting
stockholders shall be those specified in RCW 30.49.090.
Upon the completion of the merger or conversion, the
franchise of any merging or converting state bank shall auto30.49.020
(2008 Ed.)
30.49.040
matically terminate. [1955 c 33 § 30.49.020. Prior: 1953 c
234 § 2.]
30.49.030 State or national bank to resulting state
bank—Law applicable to nationals. This section is applicable where there is to be a resulting state bank.
Upon approval by the director, state or national banks
may be merged to result in a state bank, or a national bank
may convert into a state bank as hereafter prescribed, except
that the action by a national bank shall be taken in the manner
prescribed by and shall be subject to limitations and requirements imposed by the law of the United States which shall
also govern the rights of its dissenting shareholders. [1994 c
92 § 142; 1955 c 33 § 30.49.030. Prior: 1953 c 234 § 3.]
30.49.030
30.49.040 Merger to resulting state bank—Exception—Agreement, contents, approval, amendment. This
section is applicable where there is to be a resulting state
bank, except in the case of reorganization and exchange as
authorized by this title.
(1) The board of directors of each merging state bank
shall, by a majority of the entire board, approve a merger
agreement which shall contain:
(a) The name of each merging state or national bank and
location of each office;
(b) With respect to the resulting state bank, (i) the name
and location of the principal and other offices; (ii) the name
and mailing address of each director to serve until the next
annual meeting of the stockholders; (iii) the name and mailing address of each officer; (iv) the amount of capital, the
number of shares and the par value, if any, of each share; and
(v) the amendments to its charters and bylaws;
(c) Provisions governing the exchange of shares of the
merging state or national banks for such consideration as has
been agreed to in the merger agreement;
(d) A statement that the agreement is subject to approval
by the director and the stockholders of each merging state or
national bank;
(e) Provisions governing the manner of disposing of the
shares of the resulting state bank if such shares are to be
issued in the transaction and are not taken by dissenting
shareholders of merging state or national banks;
(f) Such other provisions as the director requires to discharge his or her duties with respect to the merger;
(2) After approval by the board of directors of each
merging state bank, the merger agreement shall be submitted
to the director for approval, together with certified copies of
the authorizing resolutions of each board of directors showing approval by a majority of the entire board and evidence of
proper action by the board of directors of any merging
national bank;
(3) Within sixty days after receipt by the director of the
papers specified in subsection (2) of this section, the director
shall approve or disapprove of the merger agreement, and if
no action is taken, the agreement shall be deemed approved.
The director shall approve the agreement if it appears that:
(a) The resulting state bank meets the requirements of
state law as to the formation of a new state bank;
(b) The agreement provides an adequate capital structure
including surplus in relation to the deposit liabilities of the
30.49.040
[Title 30 RCW—page 55]
30.49.050
Title 30 RCW: Banks and Trust Companies
resulting state bank and its other activities which are to continue or are to be undertaken;
(c) The agreement is fair;
(d) The merger is not contrary to the public interest.
If the director disapproves an agreement, he or she shall
state his or her objections and give an opportunity to the
merging state or national banks to amend the merger agreement to obviate such objections. [1994 c 92 § 143; 1986 c
279 § 49; 1982 c 196 § 9; 1955 c 33 § 30.49.040. Prior: 1953
c 234 § 4.]
Severability—1982 c 196: See note following RCW 30.04.550.
Reorganization as subsidiary of bank holding company: RCW 30.04.550
through 30.04.570.
30.49.050 Merger to resulting state bank—Stockholders’ vote—Notice of meeting—Waiver of notice. To
be effective, a merger which is to result in a state bank must
be approved by the stockholders of each merging state bank
by a vote of two-thirds of the outstanding voting stock of
each class at a meeting called to consider such action, which
vote shall constitute the adoption of the charter and bylaws of
the resulting state bank, including the amendments in the
merger agreement.
Unless waived in writing, notice of the meeting of stockholders shall be given by publication in a newspaper of general circulation in the place where the principal office of each
merging state bank is located, at least once each week for four
successive weeks, and by mail, at least fifteen days before the
date of the meeting, to each stockholder of record of each
merging state bank at his address on the books of his bank; no
notice of publication need be given if written waivers are
received from the holders of two-thirds of the outstanding
shares of each class of stock. The notice shall state that dissenting stockholders will be entitled to payment of the value
of only those shares which are voted against approval of the
plan. [1955 c 33 § 30.49.050. Prior: 1953 c 234 § 5.]
30.49.050
30.49.060 Merger to resulting state bank—Effective
date—Termination of charters—Certificate of merger. A
merger which is to result in a state bank shall, unless a later
date is specified in the agreement, become effective after the
filing with and upon the approval of the director of the executed agreement together with copies of the resolutions of the
stockholders of each merging state or national bank approving it, certified by the bank’s president or a vice president and
a secretary. The charters of the merging banks, other than the
resulting bank, shall thereupon automatically terminate.
The director shall thereupon issue to the resulting state
bank a certificate of merger specifying the name of each
merging state or national bank and the name of the resulting
state bank. Such certificate shall be conclusive evidence of
the merger and of the correctness of all proceedings therefor
in all courts and places, and may be recorded in any office for
the recording of deeds to evidence the new name in which the
property of the merging state or national bank is held. [1994
c 92 § 144; 1955 c 33 § 30.49.060. Prior: 1953 c 234 § 6.]
the procedure prescribed by the laws of the United States to
convert into a state bank shall be granted a state charter by the
director if he or she finds that the bank meets the standards as
to location of offices, capital structures, and business experience and character of officers and directors for the incorporation of a state bank.
The national bank may apply for such charter by filing
with the director a certificate signed by its president and cashier and by a majority of the entire board of directors, setting
forth the corporate action taken in compliance with the provisions of the laws of the United States governing the conversion of a national to a state bank, and the articles of incorporation, approved by the stockholders, for the government of
the bank as a state bank. [1994 c 92 § 145; 1955 c 33 §
30.49.070. Prior: 1953 c 234 § 7.]
30.49.080 Resulting bank as same business and corporate entity—Use of name of merging, converting bank.
A resulting state or national bank shall be the same business
and corporate entity as each merging state or national bank or
as the converting state or national bank with all property,
rights, powers and duties of each merging state or national
bank or the converting state or national bank, except as
affected by the state law in the case of a resulting state bank
or the federal law in the case of a resulting national bank, and
by the charter and bylaws of the resulting state or national
bank.
A resulting state or national bank shall have the right to
use the name of any merging state or national bank or of the
converting bank whenever it can do any act under such name
more conveniently.
Any reference to a merging or converting state or
national bank in any writing, whether executed or taking
effect before or after the merger or conversion, shall be
deemed a reference to the resulting state or national bank if
not inconsistent with the other provisions of such writing.
[1955 c 33 § 30.49.080. Prior: 1953 c 234 § 8.]
30.49.080
30.49.060
30.49.070 Conversion of national to state bank—
Requirements—Procedure. Except as provided in RCW
30.49.100, a national bank located in this state which follows
30.49.070
[Title 30 RCW—page 56]
30.49.090 Rights of dissenting shareholder—
Appraisal—Amount due as debt. The owner of shares of a
state bank which were voted against a merger to result in a
state bank, or against the conversion of a state bank into a
national bank, shall be entitled to receive their value in cash,
if and when the merger or conversion becomes effective,
upon written demand made to the resulting state or national
bank at any time within thirty days after the effective date of
the merger or conversion, accompanied by the surrender of
the stock certificates. The value of such shares shall be determined, as of the date of the shareholders’ meeting approving
the merger or conversion, by three appraisers, one to be
selected by the owners of two-thirds of the dissenting shares,
one by the board of directors of the resulting state or national
bank, and the third by the two so chosen. The valuation
agreed upon by any two appraisers shall govern. If the
appraisal is not completed within ninety days after the merger
or conversion becomes effective, the director shall cause an
appraisal to be made.
The dissenting shareholders shall bear, on a pro rata
basis based on the number of dissenting shares owned, the
cost of their appraisal and one-half of the cost of a third
30.49.090
(2008 Ed.)
Merger, Consolidation, and Conversion
appraisal, and the resulting bank shall bear the cost of its
appraisal and one-half of the cost of the third appraisal. If the
director causes an appraisal to be made, the cost of that
appraisal shall be borne equally by the dissenting shareholders and the resulting bank, with the dissenting shareholders
sharing their half of the cost on a pro rata basis based on the
number of dissenting shares owned.
The resulting state or national bank may fix an amount
which it considers to be not more than the fair market value
of the shares of a merging or the converting bank at the time
of the stockholders’ meeting approving the merger or conversion, which it will pay dissenting shareholders of the bank
entitled to payment in cash. The amount due under such
accepted offer or under the appraisal shall constitute a debt of
the resulting state or national bank. [1994 c 256 § 58; 1994 c
92 § 146; 1955 c 33 § 30.49.090. Prior: 1953 c 234 § 9.]
Reviser’s note: This section was amended by 1994 c 92 § 146 and by
1994 c 256 § 58, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.49.100 Provision for successors to fiduciary positions. Where a resulting state bank is not to exercise trust
powers, the director shall not approve a merger or conversion
until satisfied that adequate provision has been made for successors to fiduciary positions held by the merging state or
national banks or the converting state or national bank. [1994
c 92 § 147; 1955 c 33 § 30.49.100. Prior: 1953 c 234 § 10.]
30.49.100
30.49.110 Assets, business—Time for conformance
with state law. If a merging or converting state or national
bank has assets which do not conform to the requirements of
state law for the resulting state bank or carries on business
activities which are not permitted for the resulting state bank,
the director may permit a reasonable time to conform with
state law. [1994 c 92 § 148; 1955 c 33 § 30.49.110. Prior:
1953 c 234 § 11.]
30.49.110
30.49.120 Resulting state bank—Valuation of certain
assets limited. Without approval by the director no asset
shall be carried on the books of the resulting state bank at a
valuation higher than that on the books of the merging or converting state or national bank at the time of its last examination by a state examiner or national bank examiner before the
effective date of the merger or conversion. [1994 c 92 § 149;
1955 c 33 § 30.49.120. Prior: 1953 c 234 § 12.]
30.49.120
30.49.125 Resulting bank has branches inside and
outside of state—Application—Definitions—Combination or purchase and assumption requires director’s
approval—Deposit concentration limits. (1) This section
is applicable where the resulting bank would have branches
inside and outside the state of Washington.
(2) As used in this section, unless a different meaning is
required by the context, the following words and phrases
have the following meanings:
(a) "Combination" means a merger or consolidation, or
purchase or sale of all or substantially all of the assets, including all or substantially all of the branches.
30.49.125
(2008 Ed.)
30.49.125
(b) "Out-of-state bank" means a bank, as defined in 12
U.S.C. Sec. 1813(a), which is chartered under the laws of any
state other than this state, or a national bank, the main office
of which is located in any state other than this state.
(c) "State" means any state of the United States, the District of Columbia, any territory of the United States, Puerto
Rico, Guam, American Samoa, the Trust Territory of the
Pacific Islands, the Virgin Islands, and the Northern Mariana
Islands.
(3) A bank chartered under this title may engage in a
combination or purchase and assumption of one or more
branches of an out-of-state bank with an out-of-state bank
with the prior approval of the director if the combination or
purchase and assumption would result in a bank chartered
under this title. Upon notice to the director a bank chartered
under this title and an out-of-state bank may engage in a combination if the combination would result in an out-of-state
bank. However, that combination shall comply with applicable Washington law as determined by the director, including
but not limited to applicable state merger laws, and the conditions and requirements of this section.
(4) Applications for the director’s approval under subsection (3) of this section shall be on a form prescribed by the
director and conditioned upon payment of the fee prescribed
pursuant to RCW 30.08.095. If the director finds that (a) the
proposed combination will not be detrimental to the safety
and soundness of the applicant or the resulting bank, (b) any
new officers and directors of the resulting bank are qualified
by character, experience, and financial responsibility to direct
and manage the resulting bank, and (c) the proposed merger
is consistent with the convenience and needs of the communities to be served by the resulting bank in this state and is
otherwise in the public interest, the director shall approve the
interstate combination and the operation of branches outside
of Washington by the applicant bank. This transaction may
be consummated only after the applicant has received evidence of the director’s written approval.
(5) Any out-of-state bank that will be the resulting bank
pursuant to an interstate combination involving a bank chartered under this title shall notify the director of the proposed
combination not later than three days after the date of filing
of an application for the combination with the responsible
federal bank supervisory agency, and shall submit a copy of
that application to the director and pay applicable filing fees,
if any, required by the director. In lieu of notice from the proposed resulting bank the director may accept notice from the
bank’s supervisory agency having primary responsibility for
the bank. The director shall have the authority to waive any
procedures required by Washington merger laws if the director finds that the procedures are in conflict with applicable
federal law or in conflict with the applicable law of the state
of the resulting bank.
(6) Subject to RCW 30.38.010(2), the deposit concentration limits stated in 12 U.S.C. Sec. 1831u(b)(2)(B) shall
apply to the combination of an out-of-state bank and a nonaffiliated out-of-state bank or bank organized under this title or
under the national bank act if the combination is an interstate
merg er transaction as def ined b y *12 U.S.C. Sec.
1831u(f)(6).
(7) A combination resulting in the acquisition, by an outof-state bank that does not have branches in this state, of a
[Title 30 RCW—page 57]
30.49.130
Title 30 RCW: Banks and Trust Companies
bank organized under this title or the national bank act, shall
not be permitted under this chapter unless the bank to be
acquired, or its predecessors, have been in continuous operation, on the date of the combination, for a period of at least
five years. [1996 c 2 § 9.]
*Reviser’s note: This reference appears incorrect, see 12 U.S.C. Sec.
1831u(g)(6).
Severability—1996 c 2: See RCW 30.38.900.
30.49.130 Severability—1955 c 33. If any provision of
this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect
other provisions or applications of the chapter which can be
given effect without the invalid provision or application, and
to this end the provisions of the chapter are declared to be
severable. The invalidity of any provision as to a national
bank or as to the stockholders of a national bank shall not
affect its validity as to a state bank or as to the stockholders
of a state bank. [1955 c 33 § 30.49.130. Prior: 1953 c 234 §
13.]
30.49.130
Chapter 30.53
Chapter 30.53 RCW
MERGING TRUST COMPANIES
Sections
30.53.010
30.53.020
30.53.030
30.53.040
30.53.050
30.53.060
30.53.070
30.53.080
Definitions.
Approval by director—Required.
Contents of merger agreement—Approval by each board of
directors—Requirements for director’s approval.
Approval by stockholders—Voting—Notice.
Effective date of merger—Certificate of merger.
Resulting trust company—Property, rights, powers, and
duties.
Dissenting shareholders—May receive value in cash—
Appraisal.
Valuation of assets—Books of merging trust company.
30.53.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
through this chapter.
(1) "Merging trust company" means a party to a merger.
(2) "Merger" includes consolidation.
(3) "Resulting trust company" means the trust company
resulting from a merger.
(4) "Vote of stockholders" or "vote of classes of stockholders" means only a vote of those entitled to vote under the
terms of such shares. [1994 c 256 § 59.]
30.53.010
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.53.020 Approval by director—Required. Upon
approval by the director, trust companies may be merged to
result in a trust company. [1994 c 256 § 60.]
30.53.020
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.53.030 Contents of merger agreement—Approval
by each board of directors—Requirements for director’s
approval. (1) The board of directors of each merging trust
company shall, by a majority of the entire board, approve a
merger agreement that must contain:
(a) The name of each merging trust company and location of each office;
(b) With respect to the resulting trust company, (i) the
name and location of the principal and other offices; (ii) the
30.53.030
[Title 30 RCW—page 58]
name and mailing address of each director to serve until the
next annual meeting of the stockholders; (iii) the name and
mailing address of each officer; (iv) the amount of capital, the
number of shares and the par value, if any, of each share; and
(v) the amendments to its charters and bylaws;
(c) Provisions governing the exchange of shares of the
merging trust companies for such consideration as has been
agreed to in the merger agreement;
(d) A statement that the agreement is subject to approval
by the director and the stockholders of each merging trust
company;
(e) Provisions governing the manner of disposing of the
shares of the resulting trust company if the shares are to be
issued in the transaction and are not taken by dissenting
shareholders of merging trust companies; and
(f) Any other provisions the director requires to discharge his or her duties with respect to the merger;
(2) After approval by the board of directors of each
merging trust company, the merger agreement shall be submitted to the director for approval, together with certified
copies of the authorizing resolutions of each board of directors showing approval by a majority of the entire board.
Within sixty days after receipt by the director of the merger
agreement and resolutions, the director shall approve or disapprove of the merger agreement, and if no action is taken,
the agreement is deemed approved. The director shall
approve the agreement if it appears that the:
(a) Resulting trust company meets the requirements of
state law as to the formation of a new trust company;
(b) Agreement provides an adequate capital structure
including surplus in relation to the deposit liabilities, if any,
of the resulting trust company and its other activities which
are to continue or are to be undertaken;
(c) Agreement is fair; and
(d) Merger is not contrary to the public interest.
If the director disapproves an agreement, he or she shall
state his or her objections and give an opportunity to the
merging trust company to amend the merger agreement to
obviate such objections. [1994 c 256 § 61.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.53.040 Approval by stockholders—Voting—
Notice. (1) To be effective, a merger that is to result in a trust
company must be approved by the stockholders of each
merging trust company by a vote of two-thirds of the outstanding voting stock of each class at a meeting called to consider such action. This vote shall constitute the adoption of
the charter and bylaws of the resulting trust company, including the amendments in the merger agreement.
(2) Unless waived in writing, notice of the meeting of
stockholders shall be given by publication in a newspaper of
general circulation in the place where the principal office of
each merging trust company is located, at least once each
week for four successive weeks, and by mail, at least fifteen
days before the date of the meeting, to each stockholder of
record of each merging trust company at the address on the
books of the stockholder’s trust company. No notice of publication need be given if written waivers are received from
the holders of two-thirds of the outstanding shares of each
class of stock. The notice shall state that dissenting stock30.53.040
(2008 Ed.)
Bank Stabilization Act
holders will be entitled to payment of the value of only those
shares which are voted against approval of the plan. [1994 c
256 § 62.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.53.050 Effective date of merger—Certificate of
merger. (1) A merger that is to result in a trust company
shall, unless a later date is specified in the agreement, become
effective after the filing with and upon the approval of the
director of the executed agreement together with copies of the
resolutions of the stockholders of each merging trust company approving it, certified by the trust company’s president
or a vice president and a secretary. The charters of the merging trust companies, other than the resulting trust company,
shall immediately after that automatically terminate.
(2) The director shall immediately after that issue to the
resulting trust company a certificate of merger specifying the
name of each merging trust company and the name of the
resulting trust company. The certificate shall be conclusive
evidence of the merger and of the correctness of all proceedings regarding the merger in all courts and places, and may be
recorded in any office for the recording of deeds to evidence
the new name in which the property of the merging trust companies is held. [1994 c 256 § 63.]
30.53.050
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.56.020
their appraisal and one-half of the cost of a third appraisal,
and the resulting trust company shall bear the cost of its
appraisal and one-half of the cost of the third appraisal. If the
director causes an appraisal to be made, the cost of that
appraisal shall be borne equally by the dissenting shareholders and the resulting trust company, with the dissenting shareholders sharing their half of the cost on a pro rata basis based
on number of dissenting shares owned.
(3) The resulting trust company may fix an amount
which it considers to be not more than the fair market value
of the shares of a merging trust company at the time of the
stockholders’ meeting approving the merger, that it will pay
dissenting shareholders of the trust company entitled to payment in cash. The amount due under an accepted offer or
under the appraisal shall constitute a debt of the resulting
trust company. [1998 c 45 § 3; 1994 c 256 § 65.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.53.080 Valuation of assets—Books of merging
trust company. Without approval by the director, no asset
shall be carried on the books of the resulting trust company at
a valuation higher than that on the books of the merging trust
company at the time of its last examination by a state trust
examiner before the effective date of the merger or conversion. [1994 c 256 § 66.]
30.53.080
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.53.060 Resulting trust company—Property,
rights, powers, and duties. (1) A resulting trust company
shall be the same business and corporate entity as each merging trust company with all property, rights, powers, and
duties of each merging trust company, except as affected by
state law and by the charter and bylaws of the resulting trust
company. A resulting trust company shall have the right to
use the name of any merging trust company whenever it can
do any act under such name more conveniently.
(2) Any reference to a merging trust company in any
writing, whether executed or taking effect before or after the
merger, is a reference to the resulting trust company if not
inconsistent with the other provisions of that writing. [1994
c 256 § 64.]
30.53.060
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.53.070 Dissenting shareholders—May receive
value in cash—Appraisal. (1) The owner of shares of a trust
company that were voted against a merger to result in a trust
company shall be entitled to receive their value in cash, if and
when the merger becomes effective, upon written demand
made to the resulting trust company at any time within thirty
days after the effective date of the merger, accompanied by
the surrender of the stock certificates. The value of the shares
shall be determined, as of the date of the stockholders’ meeting approving the merger, by three appraisers, one to be
selected by the owners of two-thirds of the dissenting shares,
one by the board of directors of the resulting trust company,
and the third by the two so chosen. The valuation agreed upon
by any two appraisers shall govern. If the appraisal is not
completed within ninety days after the merger becomes
effective, the director shall cause an appraisal to be made.
(2) The dissenting shareholders shall bear, on a pro rata
basis based on number of dissenting shares owned, the cost of
30.53.070
(2008 Ed.)
Chapter 30.56
Chapter 30.56 RCW
BANK STABILIZATION ACT
Sections
30.56.010
30.56.020
30.56.030
30.56.040
30.56.050
30.56.060
30.56.070
30.56.080
30.56.090
30.56.100
"Bank" and "directors" defined.
Postponement of payments on deposits—Order—Posting.
Business during postponement.
Deposits received during postponement.
Plan for reorganization—Conditions.
Approval of plan—Unsecured claims.
No dividends until reductions paid.
Failure to pay in excess of plan, effect.
New bank may be authorized.
Chapter designated "bank stabilization act."
30.56.010 "Bank" and "directors" defined. In this
chapter the word "bank" includes savings banks, mutual savings banks, and trust companies, and "directors" shall include
trustees. [1955 c 33 § 30.56.010. Prior: 1933 c 49 § 2; RRS
§ 3293-2.]
30.56.010
30.56.020 Postponement of payments on deposits—
Order—Posting. The director is hereby empowered, upon
the written application of the directors of a bank, if in his or
her judgment the circumstances warrant it, to authorize a
bank to postpone, for a period of ninety days and for such further period or periods as he or she may deem expedient, the
payment of such proportions or amounts of the demands of its
depositors from time to time as he or she may deem necessary. The period or periods of postponement and the proportions or amounts of the demands to be deferred shall be determined by him or her according to the ability of the bank to
pay withdrawals. By the regulations prescribed for deferred
payments, the director may classify accounts and limit payments to depositors of the several classes differently. The
30.56.020
[Title 30 RCW—page 59]
30.56.030
Title 30 RCW: Banks and Trust Companies
director’s orders, regulations and directions shall be in writing and be filed in his or her office, and copies thereof shall
be delivered to the bank and be forthwith posted in a conspicuous place in the banking room. [1994 c 92 § 150; 1955 c 33
§ 30.56.020. Prior: 1933 c 49 § 2; RRS § 3293-2.]
30.56.030 Business during postponement. During
postponement of payments the bank shall remain open for
business and be in charge of its officers, but shall not make
any loans, investments or expenditures except such as the
director will approve as necessary to conserve its assets and
pay the cost of operation. The bank’s failure during a period
of postponement to repay deposits existing at the commencement of the period, shall not authorize or require the director
to take charge of or liquidate the bank, nor constitute ground
for the appointment of a receiver. [1994 c 92 § 151; 1955 c
33 § 30.56.030. Prior: 1933 c 49 § 3; RRS § 3293-3.]
tled shall be reduced as unsecured demands were reduced. If
the plan contemplates a temporary postponement of payments, RCW 30.56.020, 30.56.030 and 30.56.040 shall be
applicable, and the bank shall comply therewith and conduct
its affairs accordingly. [1994 c 92 § 154; 1955 c 33 §
30.56.060. Prior: 1933 c 49 § 6; RRS § 3293-6.]
30.56.030
30.56.040 Deposits received during postponement.
Deposits received during a period of postponement and for
sixty days thereafter shall be kept separate from other assets
of the bank, shall not draw interest, shall not be loaned or
invested except by depositing with reserve banks or investing
in liquid securities approved by the director, and shall be
withdrawable upon demand. If during a postponement of
payments, or at the expiration thereof, the director shall take
charge of the bank for liquidation, deposits made during the
period of postponement shall be deemed trust funds and be
repaid to the depositors forthwith. [1994 c 92 § 152; 1955 c
33 § 30.56.040. Prior: 1933 c 49 § 4; RRS § 3293-4.]
30.56.040
30.56.050 Plan for reorganization—Conditions. At
the request of the directors of a bank, the director may propose a plan for its reorganization, if in his or her judgment it
would be for the best interests of the bank’s creditors and of
the community which the bank serves. The plan may contemplate such temporary ratable reductions of the demands of
depositors and other creditors as would leave its reserve adequate and its capital and surplus unimpaired after the charging off of bad and doubtful debts; and also may contemplate
a postponement of payments as in a case falling within RCW
30.56.020. The plan shall be fully described in a writing, the
original of which shall be filed in the office of the director
and several copies of which shall be furnished the bank,
where one or more copies shall be kept available for inspection by stockholders, depositors and other creditors. [1994 c
92 § 153; 1955 c 33 § 30.56.050. Prior: 1933 c 49 § 5; RRS
§ 3293-5.]
30.56.050
30.56.060 Approval of plan—Unsecured claims. If,
within ninety days after the filing of the plan, creditors having unsecured demands against the bank aggregating not less
than three-fourths of the amount of the unsecured demands of
all its creditors, approved the plan, the director shall have
power to declare the plan to be in effect. Thereupon the unsecured demands of creditors shall be ratably reduced according to the plan and appropriate debits shall be made in the
books. The right of a secured creditor to enforce his or her
security shall not be affected by the operation of the plan, but
the amount of any deficiency to which he or she may be enti-
30.56.070 No dividends until reductions paid. A bank
for which such a plan has been put into effect shall not
declare or pay a dividend or distribute any of its assets among
stockholders until there shall have been set aside for and
credited ratably to the creditors whose demands were reduced
an amount equal to the aggregate of the reductions. [1955 c
33 § 30.56.070. Prior: 1933 c 49 § 7; RRS 3293-7.]
30.56.070
30.56.080 Failure to pay in excess of plan, effect. The
failure of a bank operating under such a plan to pay to a creditor at any time a sum greater than the plan then requires,
shall not constitute a default nor authorize or require the
director to take charge of or liquidate the bank nor entitle the
creditor to maintain an action against the bank. [1994 c 92 §
155; 1955 c 33 § 30.56.080. Prior: 1933 c 49 § 8; RRS 32938.]
30.56.080
30.56.090 New bank may be authorized. If the net
assets of a bank operating under such a plan are sufficient to
provide the capital and surplus of a newly organized bank in
the same place, the director, under such reasonable conditions as he or she shall prescribe, may approve the incorporation of a new bank and permit it to take over the assets and
business and assume the liabilities of the existing bank.
[1994 c 92 § 156; 1955 c 33 § 30.56.090. Prior: 1933 c 49 §
9; RRS § 3293-9.]
30.56.090
30.56.100 Chapter designated "bank stabilization
act." This chapter shall be known as the bank stabilization
act. [1955 c 33 § 30.56.100. Prior: 1933 c 49 § 1; RRS §
3293-1.]
30.56.100
Chapter 30.60
Chapter 30.60 RCW
COMMUNITY CREDIT NEEDS
Sections
30.60.010
30.60.020
30.60.030
30.60.900
30.60.901
Examinations—Investigation and assessment of performance
record in meeting community credit needs.
Approval and disapproval of applications—Consideration of
performance record in meeting community credit needs.
Adoption of rules.
Severability—1985 c 329.
Effective date—1985 c 329.
30.56.060
[Title 30 RCW—page 60]
30.60.010 Examinations—Investigation and assessment of performance record in meeting community credit
needs. (1) In conducting an examination of a bank chartered
under Title 30 RCW, the director shall investigate and assess
the record of performance of the bank in meeting the credit
needs of the bank’s entire community, including low and
moderate-income neighborhoods. The director shall accept,
in lieu of an investigation or part of an investigation required
by this section, any report or document that the bank is
required to prepare or file with one or more federal agencies
30.60.010
(2008 Ed.)
Construction
by the act of Congress entitled the "Community Reinvestment Act of 1977" and the regulations promulgated in accordance with that act, to the extent such reports or documents
assist the director in making an assessment based upon the
factors outlined in subsection (2) of this section.
(2) In making an investigation required under subsection
(1) of this section, the director shall consider, independent of
any federal determination, the following factors in assessing
the bank’s record of performance:
(a) Activities conducted by the institution to ascertain
credit needs of its community, including the extent of the
institution’s efforts to communicate with members of its
community regarding the credit services being provided by
the institution;
(b) The extent of the institution’s marketing and special
credit related programs to make members of the community
aware of the credit services offered by the institution;
(c) The extent of participation by the institution’s board
of directors in formulating the institution’s policies and
reviewing its performance with respect to the purposes of the
Community Reinvestment Act of 1977;
(d) Any practices intended to discourage applications for
types of credit set forth in the institution’s community reinvestment act statement(s);
(e) The geographic distribution of the institution’s credit
extensions, credit applications, and credit denials;
(f) Evidence of prohibited discriminatory or other illegal
credit practices;
(g) The institution’s record of opening and closing
offices and providing services at offices;
(h) The institution’s participation, including investments, in local community and microenterprise development
projects;
(i) The institution’s origination of residential mortgage
loans, housing rehabilitation loans, home improvement loans,
and small business or small farm loans within its community,
or the purchase of such loans originated in its community;
(j) The institution’s participation in governmentally
insured, guaranteed, or subsidized loan programs for housing, small businesses, or small farms;
(k) The institution’s ability to meet various community
credit needs based on its financial condition, size, legal
impediments, local economic condition, and other factors;
(l) Other factors that, in the judgment of the director, reasonably bear upon the extent to which an institution is helping to meet the credit needs of its entire community.
(3) The director shall include as part of the examination
report, a summary of the results of the assessment required
under subsection (1) of this section and shall assign annually
to each bank a numerical community reinvestment rating
based on a one through five scoring system. Such numerical
scores shall represent performance assessments as follows:
(a) Excellent performance:
(b) Good performance:
(c) Satisfactory performance:
(d) Inadequate performance:
(e) Poor performance:
1
2
3
4
5
[2008 c 240 § 1; 1994 c 92 § 157; 1985 c 329 § 2.]
Legislative intent—1985 c 329: "The legislature believes that commercial banks and savings banks doing business in Washington state have a
(2008 Ed.)
30.98.010
responsibility to meet the credit needs of the businesses and communities of
Washington state, consistent with safe and sound business practices and the
free exercise of management discretion.
This act is intended to provide the supervisor of banking and the supervisor of savings and loan associations with the information necessary to
enable the supervisors to better determine whether commercial banks, savings banks, and savings and loan associations are meeting the convenience
and needs of the public.
This act is further intended to condition the approval of any application
by a commercial bank, savings bank, or savings and loan association for a
new branch or satellite facility, for an acquisition, merger, conversion, or
purchase of assets of another institution not required for solvency reasons, or
for the exercise of any new power upon proof that the applicant is satisfactorily meeting the convenience and needs of its community or communities."
[1985 c 329 § 1.] "This act" consists of the enactment of RCW 30.04.212,
30.04.214, 30.60.010, 30.60.020, 30.60.030, 30.60.900, 30.60.901,
32.40.010, 32.40.020, and 32.40.030 and this section and the 1985 c 329
amendment to RCW 30.04.210.
30.60.020 Approval and disapproval of applications—Consideration of performance record in meeting
community credit needs. Whenever the director must
approve or disapprove of an application for a new branch or
satellite facility; for a purchase of assets, a merger, an acquisition or a conversion not required for solvency reasons; or
for authority to engage in a business activity, the director
shall consider, among other factors, the record of performance of the applicant in helping to meet the credit needs of
the applicant’s entire community, including low and moderate-income neighborhoods. Assessment of an applicant’s
record of performance may be the basis for denying an application. [1994 c 92 § 158; 1985 c 329 § 3.]
30.60.020
30.60.030 Adoption of rules. The director shall adopt
all rules necessary to implement sections 2 through 6, chapter
329, Laws of 1985 by January 1, 1986. [1994 c 92 § 159;
1985 c 329 § 7.]
30.60.030
30.60.900 Severability—1985 c 329. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 329 § 11.]
30.60.900
30.60.901 Effective date—1985 c 329. This act shall
take effect on January 1, 1986, but the director may immediately take such steps as are necessary to ensure that this act is
implemented on its effective date. [1994 c 92 § 160; 1985 c
329 § 13.]
30.60.901
Chapter 30.98
Chapter 30.98 RCW
CONSTRUCTION
Sections
30.98.010
30.98.020
30.98.030
30.98.040
30.98.050
30.98.060
Continuation of existing law.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
Prior investments or transactions not affected.
Repeals and saving.
Emergency—1955 c 33.
30.98.010 Continuation of existing law. The provisions of this title insofar as they are substantially the same as
statutory provisions repealed by this chapter and relating to
the same subject matter, shall be construed as restatements
30.98.010
[Title 30 RCW—page 61]
30.98.020
Title 30 RCW: Banks and Trust Companies
and continuations, and not as new enactments. [1955 c 33 §
30.98.010.]
30.98.020 Title, chapter, section headings not part of
law. Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of
the law. [1955 c 33 § 30.98.020.]
30.98.020
30.98.030 Invalidity of part of title not to affect
remainder. If any provision of this title, or its application to
any person or circumstance is held invalid, the remainder of
the title, or the application of the provision to other persons or
circumstances is not affected. [1955 c 33 § 30.98.030.]
30.98.030
30.98.040 Prior investments or transactions not
affected. Nothing in this title shall be construed to affect the
legality of investments, made prior to March 10, 1917, or of
transactions had before March 10, 1917, pursuant to any provisions of law in force when such investment were made or
transactions had. (Adopted from 1917 c 80 § 77.) [1955 c 33
§ 30.98.040.]
30.98.040
30.98.050 Repeals and saving.
30.98.050.
30.98.050
See 1955 c 33 §
30.98.060 Emergency—1955 c 33. This act is necessary for the immediate preservation of the public peace,
health and safety, the support of the state government and its
existing public institutions, and shall take effect immediately.
[1955 c 33 § 30.98.060.]
30.98.060
[Title 30 RCW—page 62]
(2008 Ed.)
Title 31
MISCELLANEOUS LOAN AGENCIES
Title 31
Chapters
31.04
31.12
31.13
31.20
31.24
31.35
31.40
31.45
31.04.165
Consumer loan act.
Washington state credit union act.
Corporate credit unions.
Development credit corporations.
Industrial development corporations.
Agricultural lenders—Loan guaranty program.
Federally guaranteed small business loans.
Check cashers and sellers.
Bills of lading: Article 62A.7 RCW.
Cooperative associations: Chapter 23.86 RCW.
Corporations and associations
nonprofit: Title 24 RCW.
profit: Title 23B RCW.
Credit life insurance and credit accident and health insurance: Chapter
48.34 RCW.
Department of financial institutions: Chapter 43.320 RCW.
False representations concerning credit: RCW 9.38.010.
Federal bonds and notes as investment or collateral: Chapter 39.60 RCW.
Forgery: RCW 9A.60.020.
Interest and usury in general: Chapter 19.52 RCW.
Joint tenancies with right of survivorship: Chapter 64.28 RCW.
Mortgages and trust receipts: Title 61 RCW.
Negotiable instruments: Article 62A.3 RCW.
Nonadmitted foreign corporations, powers relative to secured interests:
Chapter 23B.18 RCW.
Pawnbrokers: Chapter 19.60 RCW.
Retail installment sales of goods and services: Chapter 63.14 RCW.
Safe deposit companies: Chapter 22.28 RCW.
Uniform unclaimed property act: Chapter 63.29 RCW.
Chapter 31.04
Chapter 31.04 RCW
CONSUMER LOAN ACT
(Formerly: Industrial loan companies)
Sections
31.04.015
31.04.025
31.04.027
31.04.035
31.04.045
31.04.055
31.04.065
31.04.075
31.04.085
31.04.093
31.04.102
31.04.105
31.04.115
31.04.125
31.04.135
31.04.145
31.04.155
(2008 Ed.)
Definitions.
Application of chapter.
Violations of chapter.
License required.
License—Application—Fee—Surety bond.
License—Director’s duties.
License—Information contained—Requirement to post.
Licensee—Place of business.
Licensee—Assessment—Bond—Time of payment.
Licensing—Applications—Regulation of licensees—Director’s duties—Fines—Orders.
Loans secured, or not secured, by lien on real property—Licensee’s obligations—Disclosure of fees and costs to borrower—Time limits.
Licensee—Powers—Restrictions.
Open-end loan—Requirements—Restrictions—Options.
Loan restrictions—Interest calculations.
Advertisements or promotions.
Investigations and examinations—Director’s duties—Production of information—Costs.
Licensee—Recordkeeping—Director’s access—Report
requirement—Failure to report.
31.04.168
31.04.175
31.04.185
31.04.202
31.04.205
31.04.208
31.04.900
31.04.901
31.04.902
Director—Broad administrative discretion—Rule making—
Actions in superior court.
Director—Powers under chapter 19.144 RCW.
Violations—No penalty prescribed—Gross misdemeanor—
Good faith exception.
Repealed sections of law—Rules adopted under.
Application of administrative procedure act.
Enforcement of chapter—Director’s discretion—Hearing—
Sanctions.
Application of consumer protection act.
Severability—1991 c 208.
Short title.
Effective dates, implementation—1991 c 208.
Department of financial institutions: Chapter 43.320 RCW.
Master license system exemption: RCW 19.02.800.
31.04.015 Definitions. The definitions set forth in this
section apply throughout this chapter unless the context
clearly requires a different meaning.
(1) "Person" includes individuals, partnerships, associations, limited liability companies, limited liability partnerships, trusts, corporations, and all other legal entities.
(2) "License" means a single license issued under the
authority of this chapter with respect to a single place of business.
(3) "Licensee" means a person to whom one or more
licenses have been issued.
(4) "Director" means the director of financial institutions.
(5) "Insurance" means life insurance, disability insurance, property insurance, involuntary unemployment insurance, and such other insurance as may be authorized by the
insurance commissioner.
(6) "Add-on method" means the method of precomputing interest payable on a loan whereby the interest to be
earned is added to the principal balance and the total plus any
charges allowed under this chapter is stated as the loan
amount, without further provision for the payment of interest
except for failure to pay according to loan terms. The director
may adopt by rule a more detailed explanation of the meaning
and use of this method.
(7) "Simple interest method" means the method of computing interest payable on a loan by applying the annual percentage interest rate or its periodic equivalent to the unpaid
balances of the principal of the loan outstanding for the time
outstanding with each payment applied first to any unpaid
penalties, fees, or charges, then to accumulated interest, and
the remainder of the payment applied to the unpaid balance of
the principal until paid in full. In using such method, interest
shall not be payable in advance nor compounded, except that
on a loan secured by real estate, a licensee may collect at the
time of the loan closing up to but not exceeding forty-five
days of prepaid interest. The director may adopt by rule a
more detailed explanation of the meaning and use of this
method.
(8) "Applicant" means a person applying for a license
under this chapter.
31.04.015
[Title 31 RCW—page 1]
31.04.025
Title 31 RCW: Miscellaneous Loan Agencies
(9) "Borrower" means any person who consults with or
retains a licensee or person subject to this chapter in an effort
to obtain or seek information about obtaining a loan, regardless of whether that person actually obtains such a loan.
(10) "Loan" means a sum of money lent at interest or for
a fee or other charge and includes both open-end and
closed-end loan transactions.
(11) "Loan originator" means a person employed, either
directly or indirectly, or retained as an independent contractor
by a licensee, to make or assist a person in applying to obtain
a loan.
(12) "Making a loan" means closing a loan in a person’s
name, or advancing, offering to advance, or making a commitment to advance funds to a borrower for a loan.
(13) "Mortgage broker" means the same as defined in
RCW 19.146.010, except that for purposes of this chapter, a
licensee or person subject to this chapter cannot receive compensation as both a consumer loan licensee making the loan
and as a mortgage broker in the same loan transaction.
(14) "Officer" means an official appointed by the company for the purpose of making business decisions or corporate decisions.
(15) "Principal" means any person who controls, directly
or indirectly through one or more intermediaries, alone or in
concert with others, a ten percent or greater interest in a partnership; company; association or corporation; or a limited
liability company, and the owner of a sole proprietorship.
(16) "Senior officer" means an officer of a licensee at the
vice president level or above.
(17) "Third party service provider" means any person
other than the licensee or a mortgage broker who provides
goods or services to the licensee or borrower in connection
with the preparation of the borrower’s loan and includes, but
is not limited to, credit reporting agencies, real estate brokers
or salespersons, title insurance companies and agents,
appraisers, structural and pest inspectors, or escrow companies. [2001 c 81 § 1; 1994 c 92 § 161; 1991 c 208 § 2.]
31.04.025
31.04.025 Application of chapter. Each loan made to
a resident of this state by a licensee is subject to the authority
and restrictions of this chapter, unless such loan is made
under the authority of chapter 63.14 RCW. This chapter shall
not apply to any person doing business under and as permitted by any law of this state or of the United States relating to
banks, savings banks, trust companies, savings and loan or
building and loan associations, or credit unions, nor to any
pawnbroking business lawfully transacted under and as permitted by any law of this state regulating pawnbrokers, nor to
any loan of credit made pursuant to a credit card plan. [2008
c 78 § 1; 2001 c 81 § 2; 1991 c 208 § 4.]
(1) Directly or indirectly employ any scheme, device, or
artifice to defraud or mislead any borrower, to defraud or
mislead any lender, or to defraud or mislead any person;
(2) Directly or indirectly engage in any unfair or deceptive practice toward any person;
(3) Directly or indirectly obtain property by fraud or misrepresentation;
(4) Solicit or enter into a contract with a borrower that
provides in substance that the consumer loan company may
earn a fee or commission through the consumer loan company’s best efforts to obtain a loan even though no loan is
actually obtained for the borrower;
(5) Solicit, advertise, or enter into a contract for specific
interest rates, points, or other financing terms unless the
terms are actually available at the time of soliciting, advertising, or contracting;
(6) Fail to make disclosures to loan applicants as
required by RCW 31.04.102 and any other applicable state or
federal law;
(7) Make, in any manner, any false or deceptive statement or representation with regard to the rates, points, or
other financing terms or conditions for a residential mortgage
loan or engage in bait and switch advertising;
(8) Negligently make any false statement or knowingly
and willfully make any omission of material fact in connection with any reports filed with the department by a licensee
or in connection with any investigation conducted by the
department;
(9) Make any payment, directly or indirectly, to any
appraiser of a property, for the purposes of influencing the
independent judgment of the appraiser with respect to the
value of the property; or
(10) Advertise any rate of interest without conspicuously
disclosing the annual percentage rate implied by that rate of
interest or otherwise fail to comply with any requirement of
the truth in lending act, 15 U.S.C. Sec. 1601 and regulation Z,
12 C.F.R. Sec. 226, the real estate settlement procedures act,
12 U.S.C. Sec. 2601 and regulation X, 24 C.F.R. Sec. 3500,
or the equal credit opportunity act, 15 U.S.C. Sec. 1691 and
regulation B, Sec. 202.9, 202.11, and 202.12, or any other
applicable federal statute, as now or hereafter amended, in
any advertising of residential mortgage loans or any other
consumer loan company activity. [2001 c 81 § 3.]
31.04.035 License required. No person may engage in
the business of making secured or unsecured loans of money,
credit, or things in action without first obtaining and maintaining a license in accordance with this chapter. [2008 c 78
§ 2; 1991 c 208 § 3.]
31.04.035
Severability—2008 c 78: See note following RCW 31.04.025.
31.04.045 License—Application—Fee—Surety
bond. (1) Application for a license under this chapter must
be in writing and in the form prescribed by the director. The
application must contain at least the following information:
(a) The name and the business addresses of the applicant;
(b) If the applicant is a partnership or association, the
name of every member;
(c) If the applicant is a corporation, the name, residence
address, and telephone number of each officer and director;
31.04.045
Severability—2008 c 78: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2008 c 78 § 5.]
31.04.027
31.04.027 Violations of chapter. It is a violation of this
chapter for a licensee, its officers, directors, employees, or
independent contractors, or any other person subject to this
chapter to:
[Title 31 RCW—page 2]
(2008 Ed.)
Consumer Loan Act
(d) The street address, county, and municipality from
which business is to be conducted; and
(e) Such other information as the director may require by
rule.
(2) At the time of filing an application for a license under
this chapter, each applicant shall pay to the director an investigation fee and the license fee in an amount determined by
rule of the director to be sufficient to cover the director’s
costs in administering this chapter.
(3) Each applicant shall file and maintain a surety bond,
approved by the director, executed by the applicant as obligor
and by a surety company authorized to do a surety business in
this state as surety, whose liability as such surety shall not
exceed in the aggregate the penal sum of the bond. The penal
sum of the bond shall be one hundred thousand dollars for
each licensed location up to and including five licensed locations, and an additional ten thousand dollars for each licensed
location in excess of five licensed locations, except that a licensee who makes a loan secured by real property shall maintain at a minimum a surety bond with a penal sum of not less
than four hundred thousand dollars. The bond shall run to the
state of Washington as obligee for the use and benefit of the
state and of any person or persons who may have a cause of
action against the obligor under this chapter. The bond shall
be conditioned that the obligor as licensee will faithfully conform to and abide by this chapter and all the rules adopted
under this chapter. The bond will pay to the state and any person or persons having a cause of action against the obligor all
moneys that may become due and owing to the state and
those persons under and by virtue of this chapter. In lieu of a
surety bond, if the applicant is a Washington business corporation, the applicant may maintain unimpaired capital, surplus, and long-term subordinated debt in an amount that at
any time its outstanding promissory notes or other evidences
of debt (other than long-term subordinated debt) in an aggregate sum do not exceed three times the aggregate amount of
its unimpaired capital, surplus, and long-term subordinated
debt. The director may define qualifying "long-term subordinated debt" for purposes of this section. [2001 c 81 § 4; 1994
c 92 § 162; 1991 c 208 § 5.]
31.04.055 License—Director’s duties. (1) The director shall issue and deliver a license to the applicant to make
loans in accordance with this chapter at the location specified
in the application if, after investigation, the director finds
that:
(a) The applicant has paid all required fees;
(b) The applicant has submitted a complete application
in compliance with RCW 31.04.045;
(c) Neither the applicant nor its officers or principals
have had a license issued under this section or any other section, in this state or another state, revoked or suspended
within the last five years of the date of filing of the application;
(d) Neither the applicant nor any of its officers or principals have been convicted of a gross misdemeanor involving
dishonesty or financial misconduct or a felony or a violation
of the banking laws of this state or of the United States within
seven years of the filing of an application; and
(e) The financial responsibility, experience, character,
and general fitness of the applicant are such as to command
31.04.055
(2008 Ed.)
31.04.093
the confidence of the community and to warrant a belief that
the business will be operated honestly, fairly, and efficiently
within the purposes of this chapter.
(2) If the director does not find the conditions of subsection (1) of this section have been met, the director shall not
issue the license. The director shall notify the applicant of the
denial and return to the applicant the bond posted and the sum
paid by the applicant as a license fee, retaining the investigation fee to cover the costs of investigating the application.
The director shall approve or deny every application for
license under this chapter within ninety days from the filing
of a complete application with the fees and the approved
bond. [2001 c 81 § 5; 1994 c 92 § 163; 1991 c 208 § 6.]
31.04.065 License—Information contained—
Requirement to post. The license shall state the address at
which the business is to be conducted and shall state fully the
name of the licensee, and if the licensee is a copartnership or
association, the names of its members, and if a corporation,
the date and place of its incorporation. The licensee shall conspicuously post the license in the place of business of the licensee. The license is not transferable or assignable. [1991 c
208 § 7.]
31.04.065
31.04.075 Licensee—Place of business. The licensee
may not maintain more than one place of business under the
same license, but the director may issue more than one
license to the same licensee upon application by the licensee
in a form and manner established by the director.
Whenever a licensee wishes to change the place of business to a street address other than that designated in the
license, the licensee shall give written notice to the director as
required by rule, pay the license fee, and obtain the director’s
approval. [2001 c 81 § 6; 1994 c 92 § 164; 1991 c 208 § 8.]
31.04.075
31.04.085 Licensee—Assessment—Bond—Time of
payment. A licensee shall, for each license held by any person, on or before the first day of each March, pay to the director an annual assessment as determined by rule by the director. The licensee shall be responsible for payment of the
annual assessment for the previous calendar year if the licensee had a license for any time during the preceding calendar year, regardless of whether they surrendered their license
during the calendar year or whether their license was suspended or revoked. At the same time the licensee shall file
with the director the required bond or otherwise demonstrate
compliance with RCW 31.04.045. [2001 c 81 § 7; 1994 c 92
§ 165; 1991 c 208 § 9.]
31.04.085
31.04.093 Licensing—Applications—Regulation of
licensees—Director’s duties—Fines—Orders. (1) The
director shall enforce all laws and rules relating to the licensing and regulation of licensees and persons subject to this
chapter.
(2) The director may deny applications for licenses for:
(a) Failure of the applicant to demonstrate within its
application for a license that it meets the requirements for
licensing in RCW 31.04.045 and 31.04.055;
(b) Violation of an order issued by the director under this
chapter or another chapter administered by the director,
31.04.093
[Title 31 RCW—page 3]
31.04.102
Title 31 RCW: Miscellaneous Loan Agencies
including but not limited to cease and desist orders and temporary cease and desist orders;
(c) Revocation or suspension of a license to conduct
lending, or to provide settlement services associated with
lending, by this state, another state, or by the federal government within five years of the date of submittal of a complete
application for a license; or
(d) Filing an incomplete application when that incomplete application has been filed with the department for sixty
or more days, provided that the director has given notice to
the licensee that the application is incomplete, informed the
applicant why the application is incomplete, and allowed at
least twenty days for the applicant to complete the application.
(3) The director may suspend or revoke a license issued
under this chapter if the director finds that:
(a) The licensee has failed to pay any fee due the state of
Washington, has failed to maintain in effect the bond or permitted substitute required under this chapter, or has failed to
comply with any specific order or demand of the director
lawfully made and directed to the licensee in accordance with
this chapter;
(b) The licensee, either knowingly or without the exercise of due care, has violated any provision of this chapter or
any rule adopted under this chapter; or
(c) A fact or condition exists that, if it had existed at the
time of the original application for the license, clearly would
have allowed the director to deny the application for the original license. The director may revoke or suspend only the particular license with respect to which grounds for revocation
or suspension may occur or exist unless the director finds that
the grounds for revocation or suspension are of general application to all offices or to more than one office operated by the
licensee, in which case, the director may revoke or suspend
all of the licenses issued to the licensee.
(4) The director may impose fines of up to one hundred
dollars per day upon the licensee, its employee or loan originator, or other person subject to this chapter for:
(a) Any violation of this chapter; or
(b) Failure to comply with any order or subpoena issued
by the director under this chapter.
(5) The director may issue an order directing the licensee, its employee or loan originator, or other person subject
to this chapter to:
(a) Cease and desist from conducting business in a manner that is injurious to the public or violates any provision of
this chapter;
(b) Take such affirmative action as is necessary to comply with this chapter; or
(c) Make restitution to a borrower or other person who is
damaged as a result of a violation of this chapter.
(6) The director may issue an order removing from office
or prohibiting from participation in the affairs of any licensee, or both, any officer, principal, employee or loan originator, or any person subject to this chapter for:
(a) False statements or omission of material information
from an application for a license that, if known, would have
allowed the director to deny the original application for a
license;
(b) Conviction of a gross misdemeanor involving dishonesty or financial misconduct or a felony;
[Title 31 RCW—page 4]
(c) Suspension or revocation of a license to engage in
lending, or perform a settlement service related to lending, in
this state or another state;
(d) Failure to comply with any order or subpoena issued
under this chapter; or
(e) A violation of RCW 31.04.027.
(7) Whenever the director determines that the public is
likely to be substantially injured by delay in issuing a cease
and desist order, the director may immediately issue a temporary cease and desist order. The order may direct the licensee
to discontinue any violation of this chapter, to take such affirmative action as is necessary to comply with this chapter, and
may include a summary suspension of the licensee’s license
and may order the licensee to immediately cease the conduct
of business under this chapter. The order shall become effective at the time specified in the order. Every temporary cease
and desist order shall include a provision that a hearing will
be held upon request to determine whether the order will
become permanent. Such hearing shall be held within fourteen days of receipt of a request for a hearing unless otherwise specified in chapter 34.05 RCW.
(8) A licensee may surrender a license by delivering to
the director written notice of surrender, but the surrender
does not affect the licensee’s civil or criminal liability, if any,
for acts committed before the surrender, including any
administrative action initiated by the director to suspend or
revoke a license, impose fines, compel the payment of restitution to borrowers or other persons, or exercise any other
authority under this chapter.
(9) The revocation, suspension, or surrender of a license
does not impair or affect the obligation of a preexisting lawful contract between the licensee and a borrower.
(10) Every license issued under this chapter remains in
force and effect until it has been surrendered, revoked, or suspended in accordance with this chapter. However, the director may on his or her own initiative reinstate suspended
licenses or issue new licenses to a licensee whose license or
licenses have been revoked if the director finds that the licensee meets all the requirements of this chapter. [2001 c 81
§ 8; 1994 c 92 § 166; 1991 c 208 § 10.]
31.04.102 Loans secured, or not secured, by lien on
real property—Licensee’s obligations—Disclosure of fees
and costs to borrower—Time limits. (1) For all loans made
by a licensee that are not secured by a lien on real property,
the licensee must make disclosures in compliance with the
truth in lending act, 15 U.S.C. Sec. 1601 and regulation Z, 12
C.F.R. Sec. [Part] 226, and all other applicable federal laws
and regulations.
(2) For all loans made by a licensee that are secured by a
lien on real property, the licensee shall provide to each borrower within three business days following receipt of a loan
application a written disclosure containing an itemized estimation and explanation of all fees and costs that the borrower
is required to pay in connection with obtaining a loan from
the licensee. A good faith estimate of a fee or cost shall be
provided if the exact amount of the fee or cost is not available
when the disclosure is provided. Disclosure in a form which
complies with the requirements of the truth in lending act, 15
U.S.C. Sec. 1601 and regulation Z, 12 C.F.R. Sec. [Part] 226,
the real estate settlement procedures act and regulation X, 24
31.04.102
(2008 Ed.)
Consumer Loan Act
C.F.R. Sec. 3500, and all other applicable federal laws and
regulations, as now or hereafter amended, shall be deemed to
constitute compliance with this disclosure requirement. Each
licensee shall comply with all other applicable federal and
state laws and regulations.
(3) In addition, for all loans made by the licensee that are
secured by a lien on real property, the licensee must provide
to the borrower an estimate of the annual percentage rate on
the loan and a disclosure of whether or not the loan contains
a prepayment penalty within three days of receipt of a loan
application. The annual percentage rate must be calculated in
compliance with the truth in lending act, 15 U.S.C. Sec. 1601
and regulation Z, 12 C.F.R. Sec. [Part] 226. If a licensee provides the borrower with a disclosure in compliance with the
requirements of the truth in lending act within three business
days of receipt of a loan application, then the licensee has
complied with this subsection. If the director determines that
the federal government has required a disclosure that substantially meets the objectives of this subsection, then the
director may make a determination by rule that compliance
with this federal disclosure requirement constitutes compliance with this subsection. [2002 c 346 § 1; 2001 c 81 § 9.]
31.04.105 Licensee—Powers—Restrictions. Every
licensee may:
(1) Lend money at a rate that does not exceed twentyfive percent per annum as determined by the simple interest
method of calculating interest owed;
(2) In connection with the making of a loan, charge the
borrower a nonrefundable, prepaid, loan origination fee not
to exceed four percent of the first twenty thousand dollars and
two percent thereafter of the principal amount of the loan
advanced to or for the direct benefit of the borrower, which
fee may be included in the principal balance of the loan;
(3) Agree with the borrower for the payment of fees to
third parties other than the licensee who provide goods or services to the licensee in connection with the preparation of the
borrower’s loan, including, but not limited to, credit reporting
agencies, title companies, appraisers, structural and pest
inspectors, and escrow companies, when such fees are actually paid by the licensee to a third party for such services or
purposes and may include such fees in the amount of the loan.
However, no charge may be collected unless a loan is made,
except for reasonable fees properly incurred in connection
with the appraisal of property by a qualified, independent,
professional, third-party appraiser selected by the borrower
and approved by the lender or in the absence of borrower
selection, selected by the lender;
(4) In connection with the making of a loan secured by
real estate, when the borrower actually obtains a loan, agree
with the borrower to pay a fee to a mortgage broker that is not
owned by the licensee or under common ownership with the
licensee and that performed services in connection with the
origination of the loan. A licensee may not receive compensation as a mortgage broker in connection with any loan made
by the licensee;
(5) Charge and collect a penalty of ten cents or less on
each dollar of any installment payment delinquent ten days or
more;
(6) Collect from the debtor reasonable attorneys’ fees,
actual expenses, and costs incurred in connection with the
31.04.105
(2008 Ed.)
31.04.115
collection of a delinquent debt, a repossession, or a foreclosure when a debt is referred for collection to an attorney who
is not a salaried employee of the licensee;
(7) Make open-end loans as provided in this chapter;
(8) Charge and collect a fee for dishonored checks in an
amount approved by the director; and
(9) In accordance with Title 48 RCW, sell insurance covering real and personal property, covering the life or disability or both of the borrower, and covering the involuntary
unemployment of the borrower. [2001 c 81 § 10; 1998 c 28 §
1; 1994 c 92 § 167; 1993 c 190 § 1; 1991 c 208 § 11.]
31.04.115 Open-end loan—Requirements—Restrictions—Options. (1) As used in this section, "open-end loan"
means an agreement between a licensee and a borrower that
expressly states that the loan is made in accordance with this
chapter and that provides that:
(a) A licensee may permit the borrower to obtain
advances of money from the licensee from time to time, or
the licensee may advance money on behalf of the borrower
from time to time as directed by the borrower;
(b) The amount of each advance and permitted charges
and costs are debited to the borrower’s account, and payments and other credits are credited to the same account;
(c) The charges are computed on the unpaid principal
balance, or balances, of the account from time to time; and
(d) The borrower has the privilege of paying the account
in full at any time without prepayment penalty or, if the
account is not in default, in monthly installments of fixed or
determinable amounts as provided in the agreement.
(2) Interest charges on an open-end loan shall not exceed
twenty-five percent per annum computed in each billing
cycle by any of the following methods:
(a) By converting the annual rate to a daily rate, and multiplying the daily rate by the daily unpaid principal balance of
the account, in which case each daily rate is determined by
dividing the annual rate by three hundred sixty-five;
(b) By multiplying a monthly rate by the average daily
unpaid principal balance of the account in the billing cycle, in
which case the monthly rate is one-twelfth of the annual rate,
and the average daily unpaid principal balance is the sum of
the amount unpaid each day during the cycle divided by the
number of days in the cycle; or
(c) By converting the annual rate to a daily rate, and multiplying the daily rate by the average daily unpaid principal
balance of the account in the billing cycle, in which case the
daily rate is determined by dividing the annual rate by three
hundred sixty-five, and the average daily unpaid principal
balance is the sum of the amount unpaid each day during the
cycle divided by the number of days in the cycle.
For all of the methods of computation specified in this
subsection, the billing cycle shall be monthly, and the unpaid
principal balance on any day shall be determined by adding to
the balance unpaid, as of the beginning of that day, all
advances and other permissible amounts charged to the borrower, and deducting all payments and other credits made or
received that day. A billing cycle is considered monthly if the
closing date of the cycle is on the same date each month, or
does not vary by more than four days from that date.
(3) In addition to the charges permitted under subsection
(2) of this section, the licensee may contract for and receive
31.04.115
[Title 31 RCW—page 5]
31.04.125
Title 31 RCW: Miscellaneous Loan Agencies
an annual fee, payable each year in advance, for the privilege
of opening and maintaining an open-end loan account.
Except as prohibited or limited by this section, the licensee
may also contract for and receive on an open-end loan any
additional charge permitted by this chapter on other loans,
subject to the conditions and restrictions otherwise pertaining
to those charges.
(4)(a) If credit life or credit disability insurance is provided, the additional charge for credit life insurance or credit
disability insurance shall be calculated in each billing cycle
by applying the current monthly premium rate for the insurance, at the rate approved by the insurance commissioner to
the entire outstanding balances in the borrower’s open-end
loan account, or so much thereof as the insurance covers
using any of the methods specified in subsection (2) of this
section for the calculation of interest charges; and
(b) The licensee shall not cancel credit life or disability
insurance written in connection with an open-end loan
because of delinquency of the borrower in the making of the
required minimum payments on the loan, unless one or more
of the payments is past due for a period of ninety days or
more; and the licensee shall advance to the insurer the
amounts required to keep the insurance in force during that
period, which amounts may be debited to the borrower’s
account.
(5) A security interest in real or personal property may
be taken to secure an open-end loan. Any such security interest may be retained until the open-end account is terminated.
The security interest shall be promptly released if (a) there
has been no outstanding balance in the account for twelve
months and the borrower either does not have or surrenders
the unilateral right to create a new outstanding balance; or (b)
the account is terminated at the borrower’s request and paid
in full.
(6) The licensee may from time to time increase the rate
of interest being charged on the unpaid principal balance of
the borrower’s open-end loans if the licensee mails or delivers written notice of the change to the borrower at least thirty
days before the effective date of the increase unless the
increase has been earlier agreed to by the borrower. However,
the borrower may choose to terminate the open-end account
and the licensee shall allow the borrower to repay the unpaid
balance incurred before the effective date of the rate increase
upon the existing open-end loan account terms and interest
rate unless the borrower incurs additional debt on or after the
effective date of the rate increase or otherwise agrees to the
new rate.
(7) The licensee shall deliver a copy of the open-end loan
agreement to the borrower at the time the open-end account is
created. The agreement must contain the name and address of
the licensee and of the principal borrower, and must contain
such specific disclosures as may be required by rule of the
director. In adopting the rules the director shall consider Regulation Z promulgated by the board of governors of the federal reserve system under the federal consumer credit protection act.
(8) Except in the case of an account that the licensee
deems to be uncollectible, or with respect to which delinquency collection procedures have been instituted, the licensee shall deliver to the borrower at the end of each billing
cycle in which there is an outstanding balance of more than
[Title 31 RCW—page 6]
one dollar in the account, or with respect to which interest is
imposed, a periodic statement in the form required by the
director. In specifying such form the director shall consider
Regulation Z promulgated by the board of governors of the
federal reserve system under the federal consumer credit protection act. [1994 c 92 § 168; 1993 c 405 § 1; 1991 c 208 §
12.]
31.04.125
31.04.125 Loan restrictions—Interest calculations.
(1) No licensee may make a loan using any method of calculating interest other than the simple interest method; except
that the add-on method of calculating interest may be used for
a loan not secured by real property or personal property used
as a residence when the repayment period does not exceed
three years and fifteen days after the loan origination date.
(2) No licensee may make a loan using the add-on
method to calculate interest that does not provide for a refund
to the borrower or a credit to the borrower’s account of any
unearned interest when the loan is repaid before the original
maturity date in full by cash, by a new loan, by refinancing,
or otherwise before the final due date. The refund must be
calculated using the actuarial method, unless a sum equal to
two or more installments has been prepaid and the account is
not in arrears and continues to be paid ahead, in which case
the interest on the account must be recalculated by the simple
interest method with the refund of unearned interest made as
if the loan had been made using the simple interest method.
When computing an actuarial refund, the lender may round
the annual rate used to the nearest quarter of one percent.
In computing a required refund of unearned interest, a
prepayment made on or before the fifteenth day after the
scheduled payment date is deemed to have been made on the
payment date preceding the prepayment. In the case of prepayment before the first installment due date, the company
may retain an amount not to exceed one-thirtieth of the first
month’s interest charge for each day between the origination
date of the loan and the actual date of prepayment.
(3) No licensee may provide credit life or disability
insurance in an amount greater than that required to pay off
the total balance owing on the date of the borrower’s death
net of refunds in the case of credit life insurance, or all minimum payments that become due on the loan during the covered period of disability in the case of credit disability insurance. The lender may not require any such insurance.
(4) Except in the case of loans by mail, where the borrower has sufficient time to review papers before returning
them, no licensee may prepare loan papers in advance of the
loan closing without having reviewed with the borrower the
terms and conditions of the loan to include the type and
amount of insurance, if any, requested by the borrower.
[2007 c 208 § 1; 1995 c 9 § 1; 1991 c 208 § 13.]
31.04.135
31.04.135 Advertisements or promotions. No licensee may advertise, print, display, publish, distribute, or
broadcast or cause or permit to be advertised, printed, displayed, published, distributed, or broadcast, in any manner
whatsoever, any statement or representation with regard to
the rates, terms, or conditions for the lending of money that is
false, misleading, or deceptive. [1991 c 208 § 14.]
(2008 Ed.)
Consumer Loan Act
31.04.145 Investigations and examinations—Director’s duties—Production of information—Costs. (1) For
the purpose of discovering violations of this chapter or securing information lawfully required under this chapter, the
director may at any time, either personally or by designees,
investigate or examine the loans and business and, wherever
located, the books, accounts, records, papers, documents,
files, and other information used in the business of every licensee and of every person who is engaged in the business
making or assisting in the making of loans at interest rates
authorized by this chapter, whether the person acts or claims
to act as principal or agent, or under or without the authority
of this chapter. For these purposes, the director or designated
representatives shall have free access to the offices and places
of business, books, accounts, papers, documents, other information, records, files, safes, and vaults of all such persons.
The director or persons designated by the director may
require the attendance of and examine under oath all persons
whose testimony may be required about the loans or the business or the subject matter of any investigation, examination,
or hearing and may require such person to produce books,
accounts, papers, records, files, and any other information the
director or designated persons deem relevant to the inquiry.
The director may require the production of original books,
accounts, papers, records, files, and other information; may
require that such original books, accounts, papers, records,
files, and other information be copied; or may make copies
himself or herself or by designee of such original books,
accounts, papers, records, files, or other information. If a licensee or person does not attend and testify, or does not produce the requested books, accounts, papers, records, files, or
other information, then the director or designated persons
may issue a subpoena or subpoena duces tecum requiring
attendance or compelling production of the books, accounts,
papers, records, files, or other information.
(2) The director shall make such periodic examinations
of the affairs, business, office, and records of each licensee as
determined by rule.
(3) Every licensee examined or investigated by the director or the director’s designee shall pay to the director the cost
of the examination or investigation of each licensed place of
business as determined by rule by the director. [2001 c 81 §
11; 1995 c 9 § 2; 1994 c 92 § 169; 1991 c 208 § 15.]
31.04.145
31.04.175
Each licensee shall, on or before the first day of March of
each year, file a report with the director giving such relevant
information as the director may reasonably require concerning the business and operations of each licensed place of
business conducted during the preceding calendar year. The
report must be made under oath and must be in the form prescribed by the director, who shall make and publish annually
an analysis and recapitulation of the reports. Every licensee
that fails to file a report that is required to be filed by this
chapter within the time required under this chapter is subject
to a penalty of fifty dollars per day for each day’s delay. The
attorney general may bring a civil action in the name of the
state for recovery of any such penalty. [2001 c 81 § 12; 1994
c 92 § 170; 1991 c 208 § 16.]
31.04.165 Director—Broad administrative discretion—Rule making—Actions in superior court. (1) The
director has the power, and broad administrative discretion,
to administer and interpret this chapter to facilitate the delivery of financial services to the citizens of this state by loan
companies subject to this chapter. The director shall adopt all
rules necessary to administer this chapter and to ensure complete and full disclosure by licensees of lending transactions
governed by this chapter.
(2) If it appears to the director that a licensee is conducting business in an injurious manner or is violating any provision of this chapter, the director may order or direct the discontinuance of any such injurious or illegal practice.
(3) For purposes of this section, "conducting business in
an injurious manner" means conducting business in a manner
that violates any provision of this chapter, or that creates the
reasonable likelihood of a violation of any provision of this
chapter.
(4) The director or designated persons, with or without
prior administrative action, may bring an action in superior
court to enjoin the acts or practices that constitute violations
of this chapter and to enforce compliance with this chapter or
any rule or order made under this chapter. Upon proper showing, injunctive relief or a temporary restraining order shall be
granted. The director shall not be required to post a bond in
any court proceedings. [2001 c 81 § 13; 1994 c 92 § 171;
1991 c 208 § 17.]
31.04.165
31.04.168 Director—Powers under chapter 19.144
RCW. The director or the director’s designee may take such
action as provided for in this chapter to enforce, investigate,
or examine persons covered by chapter 19.144 RCW. [2008
c 108 § 16.]
31.04.168
31.04.155 Licensee—Recordkeeping—Director’s
access—Report requirement—Failure to report. The licensee shall keep and use in the business such books,
accounts, records, papers, documents, files, and other information as will enable the director to determine whether the
licensee is complying with this chapter and with the rules
adopted by the director under this chapter. The director shall
have free access to such books, accounts, records, papers,
documents, files, and other information wherever located.
Every licensee shall preserve the books, accounts, records,
papers, documents, files, and other information relevant to a
loan for at least twenty-five months after making the final
entry on any loan. No licensee or person subject to examination or investigation under this chapter shall withhold,
abstract, remove, mutilate, destroy, or secrete any books,
accounts, records, papers, documents, files, or other information.
31.04.155
(2008 Ed.)
Findings—2008 c 108: See RCW 19.144.005.
31.04.175 Violations—No penalty prescribed—
Gross misdemeanor—Good faith exception. (1) A person
who violates, or knowingly aids or abets in the violation of
any provision of this chapter, for which no penalty has been
prescribed, and a person who fails to perform any act that it is
his or her duty to perform under this chapter and for which
failure no penalty has been prescribed, is guilty of a gross
misdemeanor.
(2) No provision imposing civil penalties or criminal liability under this chapter or rule adopted under this chapter
31.04.175
[Title 31 RCW—page 7]
31.04.185
Title 31 RCW: Miscellaneous Loan Agencies
applies to an act taken or omission made in good faith in conformity with a written notice, interpretation, or examination
report of the director or his or her agent. [2001 c 81 § 14;
1994 c 92 § 172; 1991 c 208 § 18.]
31.04.185 Repealed sections of law—Rules adopted
under. All rules adopted under or to implement the provisions of law repealed by sections 23 and 24, chapter 208,
Laws of 1991 remain in effect until amended or repealed by
the director. [1994 c 92 § 173; 1991 c 208 § 19.]
31.04.185
31.04.202 Application of administrative procedure
act. The proceedings for denying license applications, issuing cease and desist orders, suspending or revoking licenses,
and imposing civil penalties or other remedies under this
chapter, and any review or appeal of such action, shall be
governed by the provisions of the administrative procedure
act, chapter 34.05 RCW. [2001 c 81 § 15.]
31.04.202
31.04.205 Enforcement of chapter—Director’s discretion—Hearing—Sanctions. The director or designated
persons may, at his or her discretion, take such action as provided for in this chapter to enforce this chapter. If the person
subject to such action does not appear in person or by counsel
at the time and place designated for any administrative hearing that may be held on the action, then the person shall be
deemed to consent to the action. If the person subject to the
action consents, or if after hearing the director finds by a preponderance of the evidence that any grounds for sanctions
under this chapter exist, then the director may impose any
sanction authorized by this chapter. [2001 c 81 § 16.]
31.04.205
31.04.208 Application of consumer protection act.
The legislature finds that the practices governed by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86
RCW. Any violation of this chapter is not reasonable in relation to the development and preservation of business and is
an unfair and deceptive act or practice and unfair method of
competition in the conduct of trade or commerce in violation
of RCW 19.86.020. Remedies provided by chapter 19.86
RCW are cumulative and not exclusive. [2001 c 81 § 17.]
31.04.208
31.04.900 Severability—1991 c 208. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1991 c 208 § 20.]
31.04.900
Chapter 31.12 RCW
WASHINGTON STATE CREDIT UNION ACT
Chapter 31.12
Sections
31.12.003
31.12.005
Findings—Intent—1997 c 397.
Definitions.
31.12.015
31.12.025
31.12.035
31.12.055
Declaration of policy.
Use of words in name.
Application for permission to organize—Approval.
Manner of organizing—Articles of incorporation—Submission to director.
Bylaws—Submission to director.
Approval, denial of proposed credit union—Appeal.
Filing upon approval—Fee—Notice to director—Authority to
commence business.
CREDIT UNION ORGANIZATION
31.12.065
31.12.075
31.12.085
CORPORATE GOVERNANCE
31.12.105
31.12.115
31.12.185
31.12.195
31.12.225
31.12.235
31.12.246
31.12.255
31.12.265
31.12.267
31.12.269
31.12.285
31.12.326
31.12.335
31.12.345
31.12.365
31.12.367
Amendment to articles of incorporation—Approval of director—Procedure.
Amendment to bylaws—Approval of director required—Procedure.
Annual membership meetings.
Special membership meetings.
Board of directors—Election of directors—Terms—Vacancies—Meetings.
Directors—Qualifications—Operating officers and employees
may serve.
Removal of directors—Interim directors.
Board of directors—Powers and duties.
Officers.
Directors and officers—Fiduciary relationship.
Directors and committee members—Limitations on personal
liability—Exceptions.
Suspension of members of board or supervisory committee by
board—For cause.
Supervisory committee—Membership—Terms—Vacancies—Operating officers and employees may not serve.
Supervisory committee—Duties.
Suspension of members of a committee or members of the
board by supervisory committee—For cause.
Directors and members of committees—Compensation—
Reimbursement—Loans.
Risk—Bond coverage—Notice to director.
MEMBERSHIP
31.12.382
31.12.384
31.12.386
31.12.388
Limitation on membership.
Membership.
Voting rights—Methods—Proxy—Under eighteen years of
age.
Expulsion of member—Challenge—Share and deposit
accounts.
POWERS OF CREDIT UNIONS
31.12.402
31.12.404
31.12.408
31.12.413
Powers.
Additional powers—Powers conferred on federal credit
union—Authority of director.
Insurance required after December 31, 1998—Federal share
insurance program or an equivalent share insurance program—Director’s findings.
Low-income credit unions—Director’s approval required—
Powers—Rules.
MEMBERS’ ACCOUNTS
31.04.901 Short title. This chapter shall be known as
the consumer loan act. [1991 c 208 § 21.]
31.12.418
31.04.901
31.04.902 Effective dates, implementation—1991 c
208. (1) Sections 1 through 23 of this act shall take effect
January 1, 1992, but the director shall take such steps and
adopt such rules as are necessary to implement this act by that
date.
(2) Section 24 of this act shall take effect January 1,
1993. [1994 c 92 § 174; 1991 c 208 § 25.]
31.12.416
Shares and deposits governed by chapter 30.22 RCW—Limitation on shares and deposits—Notice of withdrawal—Lien
rights.
Dividends.
31.12.426
31.12.428
Loans to members—Secured or unsecured loans.
Limit on loan amount.
31.12.436
31.12.438
Investment of funds.
Investment in real property or leasehold interests for own
use—Future expansion.
31.04.902
[Title 31 RCW—page 8]
LOANS TO MEMBERS
INVESTMENTS
(2008 Ed.)
Washington State Credit Union Act
MERGERS, CONVERSIONS, AND VOLUNTARY LIQUIDATIONS
31.12.461
31.12.464
31.12.467
31.12.471
31.12.474
Mergers.
Merger or conversion of state into federal, out-of-state, or foreign credit union, or other type of financial institution.
Merger or conversion of federal, out-of-state, or foreign to
state credit union.
Authority of out-of-state or foreign credit union to operate in
this state—Conditions.
Liquidation—Disposition of unclaimed funds.
EXAMINATION AND SUPERVISION
31.12.516
31.12.518
31.12.545
31.12.724
31.12.728
Powers of director.
Powers of director under chapter 19.144 RCW.
Examinations and investigations—Reports—Access to
records—Oaths—Subpoenas.
Examination reports and information confidential—Exceptions—Penalty.
Reports—Financial and statistical data—As required by director.
Generally accepted accounting principles.
Notice of intent to establish branch—Another state or foreign
jurisdiction.
Removal or prohibition orders—Director’s authority—Notice.
Prohibited acts—Notice—Cease and desist order.
Temporary cease and desist order—Notice—Superior court.
Administrative hearing—Procedures.
Authority of director to call special meeting of board.
Authority of director to attend meetings of the board.
Intervention by director—Conditions.
Supervision by director—Notice—Compliance—Costs.
Supervision by director—Certain acts prohibited.
Supervision by director—Credit union request for review.
Conservator—Authorized actions—Costs.
Actions by conservator—Review.
Lawsuits during period of conservatorship.
Conservator serves until purposes are accomplished.
Liquidation—Suspension or revocation of articles—Placement in involuntary liquidation—Appointment of liquidating agent—Notice—Procedure—Effect.
Order directing involuntary liquidation—Procedure.
Receivership—Appointment of receiver by director—
Notice—Act without bond.
Receiver may be required to show cause—Superior court.
Powers and duties of receiver.
Claims against credit union in receivership—Notice.
Receiver shall inventory assets—File lists of assets and
claims—Objections to approved claims.
Expenses incurred by receiver.
Liquidation dividends—Approval of court.
Remaining assets—Distribution.
Unclaimed liquidation dividends.
Personal property—Receiver’s duties.
Proceeds of sale—Deposit or payment by receiver.
Completion of receivership—Merger, purchase, or liquidation—Secretary of state.
Director may terminate receivership—Expenses.
Receivership files.
Pendency of proceedings for review of appointment of
receiver—Liabilities of credit union—Availability of relevant data.
Appointment by court of temporary receiver—Notice to director.
Actions that are void—Felonious conduct—Penalties.
Applicability of general receivership law.
31.12.850
31.12.860
31.12.890
31.12.891
31.12.902
31.12.906
31.12.907
31.12.908
Prohibited acts—Penalty.
Taxation of credit unions.
Satellite facilities.
Automated teller machines and night depositories security.
Short title.
Effective date—1997 c 397.
Severability—1997 c 397.
Severability—2001 c 83.
31.12.565
31.12.567
31.12.569
31.12.571
31.12.575
31.12.585
31.12.595
31.12.625
31.12.630
31.12.633
31.12.637
31.12.641
31.12.644
31.12.647
31.12.651
31.12.654
31.12.657
31.12.661
31.12.664
31.12.667
31.12.671
31.12.674
31.12.677
31.12.681
31.12.684
31.12.687
31.12.691
31.12.694
31.12.697
31.12.701
31.12.704
31.12.707
31.12.711
31.12.714
31.12.717
31.12.721
MISCELLANEOUS
Fairness in lending act: RCW 30.04.500 through 30.04.515.
Master license system exemption: RCW 19.02.800.
31.12.003 Findings—Intent—1997 c 397. The legislature finds that credit unions provide many valuable services
to the consumers of this state and will be better prepared to
31.12.003
(2008 Ed.)
31.12.005
continue providing these services if the Washington state
credit union act is modernized, clarified, and reorganized.
Furthermore, the legislature finds that credit unions and
credit union members will benefit by enacting provisions
clearly specifying the director of financial institutions’
authority to enforce statutory provisions.
Revisions to this chapter reflect the legislature’s intent to
modernize, clarify, and reorganize the existing act, and specify the director’s enforcement authority. By enacting the revisions to this chapter, it is not the intent of the legislature to
affect the scope of credit unions’ field of membership or tax
status, or impact federal parity provisions. [1997 c 397 § 1.]
31.12.005 Definitions. Unless the context clearly
requires otherwise, as used in this chapter:
(1) "Board" means the board of directors of a credit
union.
(2) "Board officer" means an officer of the board elected
under RCW 31.12.265(1).
(3) "Branch" of a credit union, out-of-state credit union,
or foreign credit union means any facility that meets all of the
following criteria:
(a) The facility is a staffed physical facility;
(b) The facility is owned or leased in whole or part by the
credit union or its credit union service organization; and
(c) Deposits and withdrawals may be made, or shares
purchased, through staff at the facility.
(4) "Capital" means a credit union’s reserves, undivided
earnings, and allowance for loan and lease losses, and other
items that may be included under RCW 31.12.413 or by rule
of the director.
(5) "Credit union" means a credit union organized and
operating under this chapter.
(6) "Credit union service organization" means an organization that a credit union has invested in pursuant to RCW
31.12.436(8), or a credit union service organization invested
in by an out-of-state, federal, or foreign credit union.
(7) "Director" means the director of financial institutions.
(8) "Federal credit union" means a credit union organized and operating under the laws of the United States.
(9) "Financial institution" means any commercial bank,
trust company, savings bank, or savings and loan association,
whether state or federally chartered, and any credit union,
out-of-state credit union, or federal credit union.
(10) "Foreign credit union" means a credit union organized and operating under the laws of another country or
other foreign jurisdiction.
(11) "Insolvency" means:
(a) If, under generally accepted accounting principles,
the recorded value of the credit union’s assets are less than its
obligations to its share account holders, depositors, creditors,
and others; or
(b) If it is likely that the credit union will be unable to
pay its obligations or meet its share account holders’ and
depositors’ demands in the normal course of business.
(12) "Loan" means any loan, overdraft line of credit,
extension of credit, or lease, in whole or in part.
(13) "Material violation of law" means:
(a) If the credit union or person has violated a material
provision of:
31.12.005
[Title 31 RCW—page 9]
31.12.015
Title 31 RCW: Miscellaneous Loan Agencies
(i) Law;
(ii) Any cease and desist order issued by the director;
(iii) Any condition imposed in writing by the director in
connection with the approval of any application or other
request of the credit union; or
(iv) Any written agreement entered into with the director;
(b) If the credit union or person has concealed any of the
credit union’s books, papers, records, or assets, or refused to
submit the credit union’s books, papers, records, or affairs for
inspection to any examiner of the state or, as appropriate, to
any examiner of the national credit union administration; or
(c) If the person has breached his or her fiduciary duty to
the credit union.
(14) "Membership share" means an initial share that a
credit union may require a person to purchase in order to
establish and maintain membership in a credit union.
(15) "Net worth" means a credit union’s capital, less the
allowance for loan and lease losses.
(16) "Operating officer" means an employee of a credit
u n i o n d es i g n a t e d a s a n o f f ic e r p u r s u a n t t o R C W
31.12.265(2).
(17) "Organization" means a corporation, partnership,
association, limited liability company, trust, or other organization or entity.
(18) "Out-of-state credit union" means a credit union
organized and operating under the laws of another state or
United States territory or possession.
(19) "Person" means an organization or a natural person
including, but not limited to, a sole proprietorship.
(20) "Principally" or "primarily" means more than onehalf.
(21) "Senior operating officer" includes:
(a) An operating officer who is a vice president or above;
and
(b) Any employee who has policy-making authority.
(22) "Small credit union" means a credit union with up to
ten million dollars in total assets.
(23) "Unsafe or unsound condition" means, but is not
limited to:
(a) If the credit union is insolvent;
(b) If the credit union has incurred or is likely to incur
losses that will deplete all or substantially all of its net worth;
or
(c) If the credit union is in imminent danger of losing its
share and deposit insurance or guarantee.
(24) "Unsafe or unsound practice" means any action, or
lack of action, which is contrary to generally accepted standards of prudent operation, the likely consequences of which,
if continued, would be abnormal risk of loss or danger to a
credit union, its members, or an organization insuring or
guaranteeing its shares and deposits. [2001 c 83 § 1; 1997 c
397 § 2. Prior: 1994 c 256 § 68; 1994 c 92 § 175; 1984 c 31
§ 2.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
CREDIT UNION ORGANIZATION
31.12.015 Declaration of policy. A credit union is a
cooperative society organized under this chapter as a nonprofit corporation for the purposes of promoting thrift among
31.12.015
[Title 31 RCW—page 10]
its members and creating a source of credit for them at fair
and reasonable rates of interest.
The director is the state’s credit union regulatory authority whose purpose is to protect members’ financial interests,
the integrity of credit unions as cooperative institutions, and
the interests of the general public, and to ensure that credit
unions remain viable and competitive in this state. [1997 c
397 § 3. Prior: 1994 c 256 § 69; 1994 c 92 § 176; 1984 c 31
§ 3.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.025 Use of words in name. (1) A credit union
shall include the words "credit union" in its name.
(2) No person may conduct business or engage in any
other activity under a name or title containing the words
"credit union", or represent itself as a credit union, unless it
is:
(a) A credit union, out-of-state credit union, or a foreign
credit union;
(b) An organization whose membership or ownership is
limited to credit unions, out-of-state credit unions, federal
credit unions, or their trade organizations;
(c) A person that is primarily in the business of managing one or more credit unions, out-of-state credit unions, or
federal credit unions; or
(d) A credit union service organization. [1997 c 397 § 4;
1994 c 256 § 70; 1984 c 31 § 4.]
31.12.025
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.035 Application for permission to organize—
Approval. Seven or more natural persons who reside in this
state may apply to the director for permission to organize a
credit union. The application must include copies of the proposed articles of incorporation and bylaws, and such other
information as may be required by the director. The director
shall approve or deny a complete application within sixty
days of receipt. [1997 c 397 § 5; 1994 c 92 § 177; 1984 c 31
§ 5.]
31.12.035
31.12.055 Manner of organizing—Articles of incorporation—Submission to director. (1) Persons applying
for the organization of a credit union shall execute articles of
incorporation stating:
(a) The initial name and location of the credit union;
(b) That the duration of the credit union is perpetual;
(c) That the purpose of the credit union is to engage in
the business of a credit union and any other lawful activities
permitted to a credit union by applicable law;
(d) The number of its directors, which must not be less
than five or greater than fifteen, and the names of the persons
who are to serve as the initial directors;
(e) The names of the incorporators;
(f) The initial par value, if any, of the shares of the credit
union;
(g) The extent, if any, to which personal liability of
directors is limited;
(h) The extent, if any, to which directors, supervisory
committee members, officers, employees, and others will be
indemnified by the credit union; and
31.12.055
(2008 Ed.)
Washington State Credit Union Act
(i) Any other provision which is not inconsistent with
this chapter.
(2) Applicants shall submit the articles of incorporation
in triplicate to the director. [1997 c 397 § 6. Prior: 1994 c
256 § 71; 1994 c 92 § 179; 1984 c 31 § 7.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.065 Bylaws—Submission to director. (1) Persons applying for the organization of a credit union shall
adopt bylaws that prescribe the manner in which the business
of the credit union shall be conducted. The bylaws shall
include:
(a) The name of the credit union;
(b) The field of membership of the credit union;
(c) Reasonable qualifications for membership in the
credit union, including, but not limited to, the minimum number of shares, and the payment of a membership fee, if any,
required for membership, and the procedures for expelling a
member;
(d) The number of directors and supervisory committee
members, and the length of terms they serve and the permissible term length of any interim director or supervisory committee member;
(e) Any qualification for eligibility to serve on the credit
union’s board or supervisory committee;
(f) The number of credit union employees that may serve
on the board, if any;
(g) The frequency of regular meetings of the board and
the supervisory committee, and the manner in which members of the board or supervisory committee will be notified of
meetings;
(h) The timing of the annual membership meeting;
(i) The manner in which members may call a special
membership meeting;
(j) The manner in which members will be notified of
membership meetings;
(k) The number of members constituting a quorum at a
membership meeting;
(l) Provisions, if any, for the indemnification of directors, supervisory committee members, officers, employees,
and others by the credit union, if not included in the articles
of incorporation; and
(m) Any other provision which is not inconsistent with
this chapter.
(2) Applicants shall submit the bylaws in duplicate to the
director. [2001 c 83 § 2; 1997 c 397 § 7. Prior: 1994 c 256 §
72; 1994 c 92 § 180; 1984 c 31 § 8.]
31.12.065
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.075 Approval, denial of proposed credit
union—Appeal. (1) When the proposed articles of incorporation and bylaws complying with the requirements of RCW
31.12.055 and 31.12.065 have been filed with the director,
the director shall:
(a) Determine whether the articles of incorporation and
bylaws are consistent with this chapter; and
(b) Determine the feasibility of the credit union, taking
into account surrounding facts and circumstances influencing
the successful operation of the credit union.
31.12.075
(2008 Ed.)
31.12.115
(2) If the director is satisfied with the determinations
made under subsection (1)(a) and (b) of this section, the
director shall endorse each of the articles of incorporation
"approved", indicate the date the approval was granted, and
return two sets of articles and one set of bylaws to the applicants.
(3) If the director is not satisfied with the determinations
made under subsection (1)(a) and (b) of this section, the
director shall endorse each of the articles of incorporation
"denied," indicate the date of, and reasons for, the denial, and
return two copies of the articles of incorporation with one
copy of the bylaws to the person from whom they were
received. The director shall at the time of returning the copies
of the articles of incorporation and bylaws, also provide
notice to the applicant of the applicant’s right to appeal the
denial under chapter 34.05 RCW. The denial is conclusive
unless the applicant requests a hearing under chapter 34.05
RCW. [1997 c 397 § 8; 1994 c 92 § 181; 1984 c 31 § 9.]
31.12.085 Filing upon approval—Fee—Notice to
director—Authority to commence business. (1) Upon
approval under RCW 31.12.075(2), the director shall deliver
a copy of the articles of incorporation to the secretary of state
for filing. Upon receipt of the approved articles of incorporation and a twenty dollar filing fee provided by the applicants,
the secretary of state shall file the articles of incorporation.
(2) Upon filing of the approved articles of incorporation
by the secretary of state, the persons named in the articles of
incorporation and their successors may conduct business as a
credit union, having the powers, duties, and obligations set
forth in this chapter. A credit union may not conduct business
until the articles have been filed by the secretary of state.
(3) A credit union shall organize and begin conducting
business within six months of the date that its articles of
incorporation are filed by the secretary of state or its charter
is void. However, the director may grant extensions of the
six-month period. [2001 c 83 § 3; 1997 c 397 § 9; 1994 c 92
§ 182; 1993 c 269 § 12; 1984 c 31 § 10.]
31.12.085
Effective date—1993 c 269: See note following RCW 23.86.070.
CORPORATE GOVERNANCE
31.12.105 Amendment to articles of incorporation—
Approval of director—Procedure. A credit union’s articles
of incorporation may be amended by the board with the
approval of the director. Complete applications for amendments to the articles must be approved or denied by the director within sixty days of receipt. Amendments to a credit
union’s articles of incorporation must conform with RCW
31.12.055.
Upon approval, the director shall promptly deliver the
articles’ amendments, including any necessary filing fees
paid by the applicant, to the secretary of state for filing. The
articles’ amendments are effective upon filing of the amendments by the secretary of state. [2001 c 83 § 4; 1997 c 397 §
10; 1994 c 92 § 184; 1984 c 31 § 12.]
31.12.105
31.12.115 Amendment to bylaws—Approval of
director required—Procedure. (1) A credit union’s field of
membership bylaws may be amended by the board with
31.12.115
[Title 31 RCW—page 11]
31.12.185
Title 31 RCW: Miscellaneous Loan Agencies
approval of the director. Complete applications to amend a
credit union’s field of membership bylaws must be approved
or denied by the director within sixty days of receipt.
(2) A credit union’s other bylaws may be amended by
the board.
(3) Any amendments to a credit union’s bylaws must
conform with RCW 31.12.065. [2001 c 83 § 5; 1997 c 397 §
11. Prior: 1994 c 256 § 73; 1994 c 92 § 185; 1984 c 31 § 13.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.185 Annual membership meetings. (1) A credit
union’s annual membership meeting shall be held at such
time and place as the bylaws prescribe, and shall be conducted according to the rules of procedure approved by the
board.
(2) Notice of the annual membership meetings of a credit
union shall be given as provided in the bylaws of the credit
union. [1997 c 397 § 12; 1987 c 338 § 2; 1984 c 31 § 20.]
31.12.185
31.12.195 Special membership meetings. (1) A special membership meeting of a credit union may be called by a
majority of the board, a majority vote of the supervisory committee, or upon written application of at least ten percent or
two thousand of the members of a credit union, whichever is
less.
(2) A request for a special membership meeting of a
credit union shall be in writing and shall state specifically the
purpose or purposes for which the meeting is called. At this
meeting, only those agenda items detailed in the written
request may be considered. If the special membership meeting is being called for the removal of one or more directors,
the request shall state the name of the director or directors
whose removal is sought.
(3) Upon receipt of a request for a special membership
meeting, the secretary of the credit union shall designate the
time and place at which the special membership meeting will
be held. The designated place of the meeting must be a reasonable location within the county in which the principal
place of business of the credit union is located, unless provided otherwise by the bylaws. The designated time of the
membership meeting must be no sooner than twenty, and no
later than thirty days after the request is received by the secretary.
The secretary shall give notice of the meeting within ten
days of receipt of the request or within such other reasonable
time period as may be provided by the bylaws. The notice
must include the purpose or purposes for which the meeting
is called, as provided in the bylaws. If the special membership meeting is being called for the removal of one or more
directors, the notice must state the name of the director or
directors whose removal is sought.
(4) Except as provided in this subsection, the chairperson
of the board shall preside over special membership meetings.
If the purpose of the special meeting includes the proposed
removal of the chairperson, the next highest ranking board
officer whose removal is not sought shall preside over the
special meeting. If the removal of all board officers is sought,
the chairperson of the supervisory committee shall preside
over the special meeting.
31.12.195
[Title 31 RCW—page 12]
(5) Special membership meetings shall be conducted
according to the rules of procedure approved by the board.
[1997 c 397 § 13. Prior: 1994 c 256 § 77; 1994 c 92 § 188;
1987 c 338 § 3; 1984 c 31 § 21.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.225 Board of directors—Election of directors—Terms—Vacancies—Meetings. (1) The business
and affairs of a credit union shall be managed by a board of
not less than five and not greater than fifteen directors.
(2) The directors must be elected at the credit union’s
annual membership meeting. They shall hold their offices
until their successors are qualified and elected or appointed.
(3) Directors shall be elected to terms of between one
and three years, as provided in the bylaws. If the terms are
longer than one year, the directors must be divided into
classes, and an equal number of directors, as nearly as possible, must be elected each year.
(4) Any vacancy on the board must be filled by an
interim director appointed by the board, unless the interim
director would serve a term of fewer than ninety days.
Interim directors appointed to fill vacancies created by
expansion of the board will serve until the next annual meeting of members. Other interim directors will serve out the
unexpired term of the former director, unless provided otherwise in the credit union’s bylaws.
(5) The board will have regular meetings not less frequently than once each month. [2001 c 83 § 6; 1997 c 397 §
14; 1984 c 31 § 24.]
31.12.225
31.12.235 Directors—Qualifications—Operating
officers and employees may serve. (1) A director must be a
natural person and a member of the credit union. If a director
ceases to be a member of the credit union, the director shall
no longer serve as a director.
(2)(a) If a director is absent from four of the regular
board meetings in any twelve-month period in a term without
being reasonably excused by the board, the director shall no
longer serve as a director for the period remaining in the term.
(b) The board secretary shall promptly notify the director
that he or she shall no longer serve as a director. Failure to
provide notice does not affect the termination of the director’s service under (a) of this subsection.
(3) A director must meet any qualification requirements
set forth in the credit union’s bylaws. If a director fails to
meet these requirements, the director shall no longer serve as
a director.
(4) The operating officers and employees of the credit
union may serve as directors of the credit union, but only as
permitted by the credit union’s bylaws. In no event may the
operating officers and employees of the credit union constitute a majority of the board. [2001 c 83 § 7; 1997 c 397 § 15;
1994 c 256 § 78; 1984 c 31 § 25.]
31.12.235
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.246 Removal of directors—Interim directors.
The members of a credit union may remove a director of the
credit union at a special membership meeting held in accordance with RCW 31.12.195 and called for that purpose. If the
members remove a director, the members may at the same
31.12.246
(2008 Ed.)
Washington State Credit Union Act
special membership meeting elect an interim director to complete the remainder of the former director’s term of office or
authorize the board to appoint an interim director as provided
in RCW 31.12.225. [1997 c 397 § 16; 1984 c 31 § 26.]
31.12.255 Board of directors—Powers and duties.
The business and affairs of a credit union shall be managed
by the board of the credit union. The duties of the board
include, but are not limited to, the duties enumerated in this
section. The duties listed in subsection (1) of this section may
not be delegated by the credit union’s board of directors. The
duties listed in subsection (2) of this section may be delegated
to a committee, officer, or employee, with appropriate reporting to the board.
(1) The board shall:
(a) Set the par value of shares, if any, of the credit union;
(b) Set the minimum number of shares, if any, required
for membership;
(c) Establish the loan policies under which loans may be
approved;
(d) Establish the conditions under which a member may
be expelled for cause;
(e) Fill vacancies on all committees except the supervisory committee;
(f) Approve an annual operating budget for the credit
union;
(g) Designate those persons or positions authorized to
execute or certify documents or records on behalf of the
credit union;
(h) Review the supervisory committee’s annual report;
and
(i) Perform such other duties as the members may direct.
(2) In addition, unless delegated, the board shall:
(a) Act upon applications for membership in the credit
union;
(b) Determine the maximum amount of shares and
deposits that a member may hold in the credit union;
(c) Declare dividends on shares and set the rate of interest on deposits;
(d) Set the fees, if any, to be charged by the credit union
to its members for the right to be a member of the credit union
and for services rendered by the credit union;
(e) Determine the amount which may be loaned to a
member together with the terms and conditions of loans;
(f) Establish policies under which the credit union may
borrow and invest; and
(g) Approve the charge-off of credit union losses. [2001
c 83 § 8; 1997 c 397 § 17; 1994 c 256 § 79; 1984 c 31 § 27.]
31.12.255
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.265 Officers. (1) The board at its first meeting
after the annual membership meeting shall elect board officers from among its members, as provided in the credit
union’s bylaws. The board will elect as many board officers
as it deems necessary for transacting the business of the board
of the credit union. The board officers shall hold office until
their successors are qualified and elected, unless sooner
removed as provided in this chapter. All board officers must
be elected members of the board. However, the office of
31.12.265
(2008 Ed.)
31.12.285
board treasurer and board secretary may be held by the same
person and need not be elected members of the board.
(2) The board may designate as many operating officers
as it deems necessary for conducting the business of the
credit union, including, but not limited to, a principal operating officer. Individuals serving as operating officers may also
serve as board officers in accordance with subsection (1) of
this section and subject to RCW 31.12.235(4). [1997 c 397 §
18; 1994 c 256 § 80; 1987 c 338 § 4; 1984 c 31 § 28.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.267 Directors and officers—Fiduciary relationship. Directors, board officers, and senior operating
officers are deemed to stand in a fiduciary relationship to the
credit union, and must discharge the duties of their respective
positions:
(1) In good faith;
(2) With the care an ordinarily prudent person in a like
position would exercise under similar circumstances; and
(3) In a manner the director or officer reasonably
believes to be in the best interests of the credit union. [2001
c 83 § 9; 1997 c 397 § 19.]
31.12.267
31.12.269 Directors and committee members—Limitations on personal liability—Exceptions. (1) Directors
and committee members at a credit union or federal credit
union have no personal liability for harm caused by acts or
omissions performed on behalf of the credit union if: The
director or committee member was acting within the scope of
his or her duties at the time of the act or omission; the harm
was not caused by an act in violation of RCW 31.12.267; the
harm was not caused by willful or criminal misconduct, gross
negligence, reckless misconduct, or a conscious, flagrant
indifference to the rights or safety of the individual harmed;
and the harm was not caused by the director or committee
member’s operation of a motor vehicle, vessel, aircraft, or
other vehicle for which the state requires the operator or the
owner of the vehicle, craft, or vessel to either possess an
operator’s license or maintain insurance.
(2) This section does not affect a director’s or committee
member’s liability to the credit union or to a governmental
entity for harm to the credit union or governmental entity
caused by the director or committee member.
(3) This section does not affect the vicarious liability of
the credit union with respect to harm caused to any person,
including harm caused by the negligence of a director or
committee member.
(4) This section does not affect the liability of employees
of the credit union for acts or omissions done within the
scope of their employment. [2001 c 120 § 1.]
31.12.269
31.12.285 Suspension of members of board or supervisory committee by board—For cause. The board may
suspend for cause a member of the board or a member of the
supervisory committee until a membership meeting is held.
The membership meeting must be held within thirty days
after the suspension. The members attending the meeting
shall vote whether to remove a suspended party. For purposes
of this section, "cause" includes demonstrated financial irresponsibility, a breach of fiduciary duty to the credit union, or
31.12.285
[Title 31 RCW—page 13]
31.12.326
Title 31 RCW: Miscellaneous Loan Agencies
activities which, in the judgment of the board, threaten the
safety and soundness of the credit union. [1997 c 397 § 21;
1984 c 31 § 30.]
31.12.326
31.12.326 Supervisory committee—Membership—
Terms—Vacancies—Operating officers and employees
may not serve. (1) A supervisory committee of at least three
members must be elected at the annual membership meeting
of the credit union. Members of the supervisory committee
shall serve a term of three years, unless sooner removed
under this chapter or until their successors are qualified and
elected or appointed. The members of the supervisory committee shall be divided into classes so that as equal a number
as is possible is elected each year.
(2)(a) If a supervisory committee member is absent from
more than one-third of the committee meetings in any
twelve-month period in a term without being reasonably
excused by the committee, the member shall no longer serve
as a member of the committee for the period remaining in the
term.
(b) The supervisory committee shall promptly notify the
member that he or she shall no longer serve as a committee
member. Failure to provide notice does not affect the termination of the member’s service under (a) of this subsection.
(3) A supervisory committee member must be a natural
person and a member of the credit union. If a member of the
supervisory committee ceases to be a member of the credit
union, the member shall no longer serve as a committee
member. The chairperson of the supervisory committee may
not serve as a board officer.
(4) Any vacancy on the committee must be filled by an
interim member appointed by the committee, unless the
interim member would serve a term of fewer than ninety
days. Interim members appointed to fill vacancies created by
expansion of the committee will serve until the next annual
meeting of members. Other interim members may serve out
the unexpired term of the former member, unless provided
otherwise by the credit union’s bylaws. However, if all positions on the committee are vacant at the same time, the board
may appoint interim members to serve until the next annual
membership meeting.
(5) No operating officer or employee of a credit union
may serve on the credit union’s supervisory committee. No
more than one director may be a member of the supervisory
committee at the same time, unless provided otherwise by the
credit union’s bylaws. No member of the supervisory committee may serve on the credit committee or investment committee of the credit union while serving on the supervisory
committee. [2001 c 83 § 10; 1997 c 397 § 22; 1984 c 31 §
34.]
31.12.335
31.12.335 Supervisory committee—Duties. (1) The
supervisory committee of a credit union shall:
(a) Meet at least quarterly;
(b) Keep fully informed as to the financial condition of
the credit union and the decisions of the credit union’s board;
(c) Perform or arrange for a complete annual audit of the
credit union and a verification of its members’ accounts; and
[Title 31 RCW—page 14]
(d) Report its findings and recommendations to the board
and make an annual report to members at each annual membership meeting.
(2) At least one supervisory committee member may
attend each regular board meeting. [2001 c 83 § 11; 1997 c
397 § 23. Prior: 1994 c 256 § 82; 1994 c 92 § 192; 1984 c 31
§ 35.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.345
31.12.345 Suspension of members of a committee or
members of the board by supervisory committee—For
cause. (1) The supervisory committee may, by unanimous
vote, for cause, suspend a member of the board, until a membership meeting is held. The membership meeting must be
held within thirty days after the suspension. The members
attending that meeting shall vote whether to remove the suspended party or parties. The supervisory committee may, by
unanimous vote, for cause, suspend members of other committees until a membership meeting is held. The meeting
must be held within thirty days after the suspension. The
members attending that meeting shall vote whether to remove
the suspended party or parties.
(2) For purposes of this section, "cause" includes demonstrated financial irresponsibility, a breach of fiduciary duty to
the credit union, or activities which, in the judgment of the
supervisory committee, threaten the safety and soundness of
the credit union. [1997 c 397 § 24; 1984 c 31 § 36.]
31.12.365
31.12.365 Directors and members of committees—
Compensation—Reimbursement—Loans. (1) Directors
and members of committees shall not receive compensation
for their service as directors and committee members. However, this subsection does not prohibit directors or committee
members from receiving:
(a) Gifts of minimal value; and
(b) Insurance coverage or incidental services, available
to employees generally.
(2) Directors and members of committees may receive
reimbursement for reasonable expenses incurred on behalf of
themselves and their spouses in the performance of the directors’ and committee members’ duties.
(3) Loans to directors and supervisory and credit committee members may not be made under more favorable
terms and conditions than those made to members generally.
[2001 c 83 § 12; 1997 c 397 § 25; 1984 c 31 § 38.]
31.12.367
31.12.367 Risk—Bond coverage—Notice to director.
(1) Each credit union must be adequately insured against risk.
In addition, each director, officer, committee member, and
employee of a credit union must be adequately bonded.
(2) When a credit union receives notice that its fidelity
bond coverage will be suspended or terminated, the credit
union shall notify the director in writing not less than thirtyfive days prior to the effective date of the notice of suspension or termination. [2001 c 83 § 13; 1997 c 397 § 26; 1994
c 92 § 191; 1984 c 31 § 32. Formerly RCW 31.12.306.]
(2008 Ed.)
Washington State Credit Union Act
MEMBERSHIP
31.12.382 Limitation on membership. (1) Membership in a credit union shall be limited to groups having a common bond of occupation or association, or to groups within a
well-defined neighborhood, community, or rural district. The
director may adopt rules: (a) Reasonably defining "common
bond"; and (b) setting forth standards for the approval of
charters.
(2) The director may approve the inclusion within the
field of membership of a credit union a group having a separate common bond if the director determines that the group is
not of sufficient size or resources to support a viable credit
union of its own. [1994 c 92 § 178; 1984 c 31 § 6. Formerly
RCW 31.12.045.]
31.12.382
31.12.384 Membership. (1) A credit union may admit
to membership those persons qualified for membership as set
forth in its bylaws.
(2) An organization whose membership, ownership, or
employees are comprised principally of persons who are eligible for membership in the credit union may become a member of the credit union. [1997 c 397 § 27; 1984 c 31 § 16. Formerly RCW 31.12.145.]
31.12.384
31.12.386 Voting rights—Methods—Proxy—Under
eighteen years of age. (1) No member may have more than
one vote regardless of the number of shares held by the member. An organization having membership in a credit union
may cast one vote through its agent duly authorized in writing.
(2) Members may vote, as prescribed in the credit
union’s bylaws, by mail ballot, absentee ballot, or other
method. However, no member may vote by proxy.
(3) A member who is not at least eighteen years of age is
not eligible to vote as a member unless otherwise provided in
the credit union’s bylaws. [1997 c 397 § 28; 1994 c 256 § 76;
1984 c 31 § 17. Formerly RCW 31.12.155.]
31.12.386
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.388 Expulsion of member—Challenge—Share
and deposit accounts. (1) Members expelled from the credit
union will be notified of the expulsion and the reasons upon
which it is based. The credit union will, upon request of the
expelled member, allow the member to challenge the expulsion and seek reinstatement as a member.
(2) The amounts in an expelled member’s share and
deposit accounts must be promptly paid to the person following expulsion, and after deducting amounts due from the
member(s) to the credit union, including, but not limited to,
any applicable penalties for early withdrawal. Expulsion will
not operate to relieve the person from outstanding liabilities
owed to the credit union. [1997 c 397 § 29; 1984 c 31 § 31.
Formerly RCW 31.12.295.]
31.12.388
POWERS OF CREDIT UNIONS
31.12.402 Powers. A credit union may:
(1) Issue shares to and receive deposits from its members
in accordance with RCW 31.12.416;
31.12.402
(2008 Ed.)
31.12.402
(2) Make loans to its members in accordance with RCW
31.12.426 and 31.12.428;
(3) Pay dividends and interest to its members in accordance with RCW 31.12.418;
(4) Impose reasonable charges for the services it provides to its members;
(5) Impose financing charges and reasonable late
charges in the event of default on loans, subject to applicable
law, and recover reasonable costs and expenses, including,
but not limited to, collection costs, and reasonable attorneys’
fees incurred both before and after judgment, incurred in the
collection of sums due, if provided for in the note or agreement signed by the borrower;
(6) Acquire, lease, hold, assign, pledge, sell, or otherwise
dispose of interests in personal property and in real property
in accordance with RCW 31.12.438;
(7) Deposit and invest funds in accordance with RCW
31.12.436;
(8) Borrow money, up to a maximum of fifty percent of
its total shares, deposits, and net worth;
(9) Discount or sell any of its assets, or purchase any or
all of the assets of another credit union, out-of-state credit
union, or federal credit union. However, a credit union may
not discount or sell all, or substantially all, of its assets without the approval of the director;
(10) Accept deposits of deferred compensation of its
members;
(11) Act as fiscal agent for and receive payments on
shares and deposits from the federal government or this state,
and any agency or political subdivision thereof;
(12) Engage in activities and programs as requested by
the federal government, this state, and any agency or political
subdivision thereof, when the activities or programs are not
inconsistent with this chapter;
(13) Hold membership in credit unions, out-of-state
credit unions, or federal credit unions and in organizations
controlled by or fostering the interests of credit unions,
including, but not limited to, a central liquidity facility organized under state or federal law;
(14) Pay additional dividends and interest to members,
or an interest rate refund to borrowers;
(15) Enter into lease agreements, lease contracts, and
lease-purchase agreements with members;
(16) Act as insurance agent or broker for the sale to
members of:
(a) Group life, accident, health, and credit life and disability insurance; and
(b) Other insurance that other types of Washington statechartered financial institutions are permitted to sell, on the
same terms and conditions that these institutions are permitted to sell such insurance;
(17) Impose a reasonable service charge for the administration and processing of accounts that remain dormant for a
period of time specified by the credit union;
(18) Establish and operate on-premises or off-premises
electronic facilities;
(19) Enter into formal or informal agreements with
another credit union for the purpose of fostering the development of the other credit union;
(20) Work with community leaders to develop and prioritize efforts to improve the areas where their members reside
[Title 31 RCW—page 15]
31.12.404
Title 31 RCW: Miscellaneous Loan Agencies
by making investments in the community through contributions to organizations that primarily serve either a charitable,
social, welfare, or educational purpose, or are exempt from
taxation pursuant to section 501(c)(3) of the internal revenue
code;
(21) Limit the personal liability of its directors in accordance with provisions of its articles of incorporation that conform with RCW 23B.08.320;
(22) Indemnify its directors, supervisory committee
members, officers, employees, and others in accordance with
provisions of its articles of incorporation or bylaws that conform with RCW 23B.08.500 through 23B.08.600; and
(23) Exercise such incidental powers as are necessary or
convenient to enable it to conduct the business of a credit
union. [2001 c 83 § 14; 1997 c 397 § 30. Prior: 1994 c 256
§ 74; 1994 c 92 § 186; 1990 c 33 § 564; 1984 c 31 § 14. Formerly RCW 31.12.125.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
31.12.404 Additional powers—Powers conferred on
federal credit union—Authority of director. (1) Notwithstanding any other provision of law, and in addition to all
powers and authorities, express or implied, that a credit union
has under the laws of this state, a credit union has the powers
and authorities that a federal credit union had on December
31, 1993, or a subsequent date not later than July 22, 2001.
(2) Notwithstanding any other provision of law, and in
addition to the powers and authorities, express or implied,
that a credit union has under subsection (1) of this section, a
credit union has the powers and authorities that a federal
credit union has, and an out-of-state credit union operating a
branch in Washington has, subsequent to July 22, 2001, if the
director finds that the exercise of the power and authority
serves the convenience and advantage of members of credit
unions, and maintains the fairness of competition and parity
between credit unions and federal or out-of-state credit
unions. However, a credit union:
(a) Must still comply with RCW 31.12.408; and
(b) Is not granted the field of membership powers or
authorities of any out-of-state credit union operating a branch
in Washington.
(3) The restrictions, limitations, and requirements applicable to specific powers or authorities of federal or out-ofstate credit unions apply to credit unions exercising those
powers or authorities permitted under this section but only
insofar as the restrictions, limitations, and requirements relate
to the specific exercise of the powers or authorities granted
credit unions solely under this section.
(4) As used in this section, "powers and authorities"
include, but are not limited to, powers and authorities in corporate governance matters. [2001 c 83 § 15; 1997 c 397 § 31.
Prior: 1994 c 256 § 75; 1994 c 92 § 187; 1987 c 338 § 1; 1984
c 31 § 15. Formerly RCW 31.12.136.]
31.12.404
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.408 Insurance required after December 31,
1998—Federal share insurance program or an equivalent
share insurance program—Director’s findings. (1) After
31.12.408
[Title 31 RCW—page 16]
December 31, 1998, credit unions must be insured under the
federal share insurance program or an equivalent share insurance program as defined in this section. For the purposes of
this section an equivalent share insurance program is a program that: (a) Holds reserves proportionately equal to the
federal share insurance program; (b) maintains adequate
reserves and access to additional sources of funds through
replenishment features, reinsurance, or other sources of
funds; and (c) has share insurance contracts that reflect a
national geographic diversity.
(2) Before any credit union may insure its share deposits
with a share insurance program other than the federal share
insurance program, the director must make a finding that the
alternative share insurance program meets the standards set
forth in this section, following a public hearing and a report
on the basis for such finding to the appropriate standing committees of the legislature. All such findings shall be made
before December 1st of any year and shall not take effect
until the end of the regular legislative session of the following
year.
(3) Any alternative share insurance program approved
under this section shall be reviewed annually by the director
to determine whether the program currently meets the standards in this section. The director shall prepare a written
report of his or her findings including supporting analysis and
forward the report to the appropriate standing committees of
the legislature. If the director finds that the alternative share
insurance program does not currently meet the standards of
this section the director shall notify all credit unions that
insure their shares under the alternative share insurance program, and shall include notice of a public hearing for the purpose of receiving comment on the director’s finding. Following the hearing the director may either rescind his or her finding or reaffirm the finding that the alternative share insurance
program does not meet the standards in this section. If the
finding is reaffirmed, the director shall order all credit unions
whose shares are insured with the alternative share insurance
program to file, immediately, an application with the national
credit union administration to convert to the federal share
insurance program. [1996 c 5 § 6; (1998 c 122 § 6 expired
July 1, 2001). Formerly RCW 31.12.039.]
Expiration date—1998 c 122 §§ 5 and 6: "Sections 5 and 6 of this act
expire July 1, 2001." [1998 c 122 § 9.]
Findings—Intent—1996 c 5: "The legislature finds that since its creation in 1975 the Washington credit union share guaranty association has
provided security to member share accounts and other valuable services to
members.
The legislature further finds that although during that period thirty
member credit unions have been required to liquidate or merge with other
members with the assistance of the association, no depositor has experienced
any loss.
The legislature further finds that the changing financial services environment, and ever-increasing competitive pressures have caused the association to review its operation and capacity with the result that the membership
has recommended an orderly dissolution, and now seeks the adoption of
standards and procedures by the legislature that will direct and ensure an
orderly transition to federal share insurance.
Therefore, it is the intent of the legislature to effectuate a fair and
orderly transition of association members to federal share insurance, and
provide the highest available level of safety for share accounts in keeping
with depositors’ expectations." [1996 c 5 § 1.]
Severability—1996 c 5: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1996 c 5 § 9.]
(2008 Ed.)
Washington State Credit Union Act
31.12.413 Low-income credit unions—Director’s
approval required—Powers—Rules. (1) A credit union
may apply in writing to the director for designation as a lowincome credit union. The criteria for approval of this designation are as follows:
(a) At least fifty percent of a substantial and well-defined
segment of the credit union’s members or potential primary
members earn no more than eighty percent of the state or
national median income, whichever is higher;
(b) The credit union must submit an acceptable written
plan on marketing to and serving the well-defined segment;
(c) The credit union must agree to submit annual reports
to the director on its service to the well-defined segment; and
(d) The credit union must submit other information and
satisfy other criteria as may be required by the director.
(2)(a) Among other powers and authorities, a lowincome credit union may:
(i) Issue secondary capital accounts approved in advance
by the director upon application of the credit union; and
(ii) Accept shares and deposits from nonmembers.
(b) A secondary capital account is:
(i) Over one hundred thousand dollars, or a higher
amount as established by the director;
(ii) Nontransactional;
(iii) Owned by a nonnatural person; and
(iv) Subordinate to other creditors.
(3) The director may adopt rules for the organization and
operation of low-income credit unions including, but not limited to, rules concerning secondary capital accounts and
requiring disclosures to the purchasers of the accounts. [2001
c 83 § 16.]
31.12.436
LOANS TO MEMBERS
31.12.413
31.12.426 Loans to members—Secured or unsecured
loans. (1) A credit union may make secured and unsecured
loans to its members under policies established by the board,
subject to the loans to one borrower limits provided for in
RCW 31.12.428. Each loan must be evidenced by records
adequate to support enforcement or collection of the loan and
any review of the loan by the director. Loans must be in compliance with rules adopted by the director.
(2) A credit union may obligate itself to purchase loans
in accordance with RCW 31.12.436(1), if the credit union’s
underwriting policies would have permitted it to originate the
loans. [2001 c 83 § 17; 1997 c 397 § 34. Prior: 1994 c 256 §
84; 1994 c 92 § 195; 1987 c 338 § 6; 1984 c 31 § 42. Formerly
RCW 31.12.406.]
31.12.426
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.428 Limit on loan amount. (1) No loan may be
made to any borrower if the loan would cause the borrower to
be indebted to the credit union on all types of loans in an
aggregated amount exceeding ten thousand dollars or twentyfive percent of the capital of the credit union, whichever is
greater, without the approval of the director.
(2) The director by rule may establish separate limits on
business loans to one borrower. [2001 c 83 § 18; 1997 c 397
§ 35; 1994 c 256 § 92. Formerly RCW 31.12.317.]
31.12.428
Effective date—1997 c 397 § 35: "Section 35 of this act takes effect
July 1, 1998." [1997 c 397 § 90.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
INVESTMENTS
MEMBERS’ ACCOUNTS
31.12.436 Investment of funds. A credit union may
invest its funds in any of the following, as long as they are
deemed prudent by the board:
(1) Loans held by credit unions, out-of-state credit
unions, or federal credit unions; loans to members held by
other lenders; and loans to nonmembers held by other lenders, with the approval of the director;
(2) Bonds, securities, or other investments that are fully
guaranteed as to principal and interest by the United States
government, and general obligations of this state and its political subdivisions;
(3) Obligations issued by corporations designated under
31 U.S.C. Sec. 9101, or obligations, participations or other
instruments issued and guaranteed by the federal national
mortgage association, federal home loan mortgage corporation, government national mortgage association, or other
government-sponsored enterprise;
(4) Participations or obligations which have been subjected by one or more government agencies to a trust or trusts
for which an executive department, agency, or instrumentality of the United States has been named to act as trustee;
(5) Share or deposit accounts of other financial institutions, the accounts of which are federally insured or insured
or guaranteed by another insurer or guarantor approved by
the director. The shares and deposits made by a credit union
under this subsection may exceed the insurance or guarantee
31.12.436
31.12.416 Shares and deposits governed by chapter
30.22 RCW—Limitation on shares and deposits—Notice
of withdrawal—Lien rights. (1) Shares held and deposits
made in a credit union by a natural person are governed by
chapter 30.22 RCW.
(2) A credit union may require ninety days notice of a
member’s intention to withdraw shares or deposits. The
notice requirement may be extended with the written consent
of the director.
(3) A credit union will have a lien on all shares and
deposits, including, but not limited to, dividends, interest,
and any other earnings and accumulations thereon, of any
share account holder or depositor, to the extent of any obligation owed to the credit union by the share account holder or
depositor. [1997 c 397 § 32. Prior: 1994 c 256 § 83; 1994 c
92 § 194; 1984 c 31 § 40. Formerly RCW 31.12.385.]
31.12.416
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.418 Dividends. Dividends may be declared from
the credit union’s earnings which remain after the deduction
of expenses, interest on deposits, and the amounts required
for reserves, or the dividends may be declared in whole or in
part from the undivided earnings that remain from preceding
periods. [1997 c 397 § 33; 1984 c 31 § 50. Formerly RCW
31.12.485.]
31.12.418
(2008 Ed.)
[Title 31 RCW—page 17]
31.12.438
Title 31 RCW: Miscellaneous Loan Agencies
limits established by the organization insuring or guaranteeing the institution into which the shares or deposits are made;
(6) Common trust or mutual funds whose investment
portfolios consist of securities issued or guaranteed by the
federal government or an agency of the government;
(7) Up to five percent of the capital of the credit union, in
debt or equity issued by an organization owned by the Washington credit union league;
(8) Shares, stocks, loans, or other obligations of organizations whose primary purpose is to strengthen, advance, or
provide services to the credit union industry or credit union
members. A credit union may in the aggregate invest an
amount not to exceed one percent of its assets in organizations under this subsection. In addition, a credit union may in
the aggregate lend an amount not to exceed one percent of its
assets to organizations under this subsection. These limits do
not apply to investments in, and loans to, an organization:
(a) That is wholly owned by one or more credit unions or
federal or out-of-state credit unions; and
(b) Whose activities are limited exclusively to those
authorized by this chapter for a credit union;
(9) Loans to credit unions, out-of-state credit unions, or
federal credit unions. The aggregate of loans issued under
this subsection is limited to twenty-five percent of the total
shares and deposits of the lending credit union;
(10) Key person insurance policies, the proceeds of
which inure exclusively to the benefit of the credit union; or
(11) Other investments approved by the director upon
written application. [2001 c 83 § 19; 1997 c 397 § 36. Prior:
1994 c 256 § 86; 1994 c 92 § 197; 1987 c 338 § 7; 1984 c 31
§ 44. Formerly RCW 31.12.425.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.438
31.12.438 Investment in real property or leasehold
interests for own use—Future expansion. (1) A credit
union may invest in real property or leasehold interests primarily for its own use in conducting business, including, but
not limited to, structures and fixtures attached to real property, subject to the following limitations:
(a) The credit union’s net worth equals at least five percent of the total of its share and deposit accounts;
(b) The board approves the investment; and
(c) The aggregate of all such investments does not
exceed seven and one-half percent of the total of its share and
deposit accounts.
(2) If the real property or leasehold interest is acquired
for future expansion, the credit union must satisfy the use
requirement in subsection (1) of this section within three
years after the credit union makes the investment.
(3) The director may, upon written application, waive
any of the limitations listed in subsection (1) or (2) of this
section. [2001 c 83 § 20; 1997 c 397 § 37. Prior: 1994 c 256
§ 87; 1994 c 92 § 198; 1984 c 31 § 45. Formerly RCW
31.12.435.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
[Title 31 RCW—page 18]
MERGERS, CONVERSIONS, AND
VOLUNTARY LIQUIDATIONS
31.12.461 Mergers. (1) For purposes of this section,
the merging credit union is the credit union whose charter
ceases to exist upon merger with the continuing credit union.
The continuing credit union is the credit union whose charter
continues upon merger with the merging credit union.
(2) A credit union may be merged with another credit
union with the approval of the director and in accordance
with requirements the director may prescribe. The merger
must be approved by a two-thirds majority vote of the board
of each credit union and a two-thirds majority vote of those
members of the merging credit union voting on the merger at
a membership meeting. The requirement of approval by the
members of the merging credit union may be waived by the
director if the merging credit union is in imminent danger of
insolvency.
(3) The property, rights, and interests of the merging
credit union transfer to and vest in the continuing credit union
without deed, endorsement, or instrument of transfer,
although instruments of transfer may be used if their use is
deemed appropriate. The debts and obligations of the merging credit union that are known or reasonably should be
known are assumed by the continuing credit union. The continuing credit union shall cause to be published notice of
merger once a week for three consecutive weeks in a newspaper of general circulation in the county in which the principal
place of business of the merging credit union is located. The
notice of merger must also inform creditors of the merging
credit union how to make a claim on the continuing credit
union, and that if a claim is not made upon the continuing
credit union within thirty days of the last date of publication,
creditors’ claims that are not known by the continuing credit
union may be barred. Except for claims filed as requested by
the notice, or debts or obligations that are known or reasonably should be known by the continuing credit union, the
debts and obligations of the merging credit union are discharged. Upon merger, the charter of the merging credit
union ceases to exist.
(4) Mergers are effective after the thirty-day notice
period to creditors and all regulatory waiting periods have
expired, and upon filing of the credit union’s articles of
merger by the secretary of state, or a later date stated in the
articles, which in no event may be later than ninety days after
the articles are filed. [2001 c 83 § 21; 1997 c 397 § 40. Prior:
1994 c 256 § 91; 1994 c 92 § 220; 1987 c 338 § 8; 1984 c 31
§ 71. Formerly RCW 31.12.695.]
31.12.461
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.464 Merger or conversion of state into federal,
out-of-state, or foreign credit union, or other type of
financial institution. (1) A credit union may merge or convert into a federal credit union as authorized by the federal
credit union act. The merger or conversion must be approved
by a two-thirds majority vote of those credit union members
voting at a membership meeting.
(2) If the merger or conversion is approved by the members, a copy of the resolution certified by the secretary must
be filed with the director within ten days of approval. The
31.12.464
(2008 Ed.)
Washington State Credit Union Act
board may effect the merger or conversion upon terms agreed
by the board and the federal regulator.
(3) A certified copy of the federal credit union charter or
authorization issued by the federal regulator must be filed
with the director and thereupon the credit union ceases to
exist except for the purpose of winding up its affairs and
prosecuting or defending any litigation by or against the
credit union. For all other purposes, the credit union is
merged or converted into a federal credit union and the credit
union may execute, acknowledge, and deliver to the successor federal credit union the instruments of transfer, conveyance, and assignment that are necessary or desirable to complete the merger or conversion, and the property, tangible or
intangible, and all rights, titles, and interests that are agreed
to by the board and the federal regulator.
(4) Mergers and conversions are effective after all applicable regulatory waiting periods have expired and upon filing
of the credit union’s articles of merger or articles of conversion, as appropriate, by the secretary of state, or a later date
stated in the articles, which in no event may be later than
ninety days after the articles are filed.
(5) Procedures, similar to those contained in subsections
(1) through (4) of this section, prescribed by the director must
be followed when a credit union merges or converts into an
out-of-state or foreign credit union, or other type of financial
institution. [2001 c 83 § 22; 1997 c 397 § 41; 1994 c 92 §
221; 1984 c 31 § 72. Formerly RCW 31.12.705.]
31.12.467 Merger or conversion of federal, out-ofstate, or foreign to state credit union. (1) A federal credit
union located and conducting business in this state may
merge or convert into a credit union organized and operating
under this chapter.
(2) In the case of a conversion, the board of the federal
credit union shall file with the director proposed articles of
incorporation and bylaws, as provided by this chapter for
organizing a new credit union. If the conversion is approved
by the director, the federal credit union becomes a credit
union under the laws of this state.
(3) The assets and liabilities of the federal credit union
will vest in and become the property of the successor credit
union subject to all existing liabilities against the federal
credit union. Members of the federal credit union may
become members of the successor credit union.
(4) Mergers and conversions are effective after all applicable regulatory waiting periods have expired and upon filing
of the federal credit union’s articles of merger or articles of
conversion, as appropriate, by the secretary of state, or a later
date stated in the articles, which in no event may be later than
ninety days after the articles are filed.
(5) Procedures, similar to those contained in subsections
(1) through (4) of this section, prescribed by the director must
be followed when an out-of-state or foreign credit union
wishes to merge or convert into a credit union organized and
operating under this chapter. [2001 c 83 § 23; 1997 c 397 §
42; 1994 c 92 § 222; 1984 c 31 § 73. Formerly RCW
31.12.715.]
31.12.467
31.12.471 Authority of out-of-state or foreign credit
union to operate in this state—Conditions. (1) An out-of31.12.471
(2008 Ed.)
31.12.471
state or foreign credit union may not operate a branch in
Washington unless:
(a) The director has approved its application in accordance with this section;
(b) A credit union organized and operating under this
chapter is permitted to do business in the state or foreign
jurisdiction in which the credit union is organized;
(c) The interest rate charged by the credit union on loans
made to members residing in this state does not exceed the
maximum interest rate permitted in the state or jurisdiction in
which the credit union is organized, or exceed the maximum
interest rate that a credit union organized and operating under
this chapter is permitted to charge on similar loans, whichever is lower;
(d) The credit union has secured surety bond and fidelity
bond coverages satisfactory to the director;
(e) The credit union’s share and deposit accounts are
insured under the federal share insurance program or an
equivalent share insurance program in compliance with RCW
31.12.408;
(f) The credit union submits to the director an annual
examination report of its most recently completed fiscal year;
(g) The credit union has not had its authority to do business in another state or foreign jurisdiction suspended or
revoked;
(h) The credit union complies with:
(i) The provisions concerning field of membership in this
chapter and rules adopted by the director; and
(ii) Such other provisions of this chapter and rules
adopted by the director, as determined by the director; and
(i) In addition, if the credit union is a foreign credit
union:
(i) A treaty or agreement between the United States and
the jurisdiction where the credit union is organized requires
the director to permit the credit union to operate a branch in
Washington; and
(ii) The director determines that the credit union has substantially the same characteristics as a credit union organized
and operating under this chapter.
(2) The director shall deny an application filed under this
section or, upon notice and an opportunity for hearing, suspend or revoke the approval of an application, if the director
finds that the standards of organization, operation, and regulation of the applicant do not reasonably conform with the
standards under this chapter. In considering the standards of
organization, operation, and regulation of the applicant, the
director may consider the laws of the state or foreign jurisdiction in which the applicant is organized. A decision under this
subsection may be appealed under chapter 34.05 RCW.
(3) In implementing this section, the director may cooperate with credit union regulators in other states or jurisdictions and may share with the regulators the information
received in the administration of this chapter.
(4) The director may enter into supervisory agreements
with out-of-state and foreign credit unions and their regulators to prescribe the applicable laws governing the powers
and authorities of Washington branches of the out-of-state or
foreign credit unions. The director may also enter into supervisory agreements with the credit union regulators in other
states or foreign jurisdictions to prescribe the applicable laws
[Title 31 RCW—page 19]
31.12.474
Title 31 RCW: Miscellaneous Loan Agencies
governing the powers and authorities of out-of-state or foreign branches and other facilities of credit unions.
The agreements may address, but are not limited to, corporate governance and operational matters. The agreements
may resolve any conflict of laws, and specify the manner in
which the examination, supervision, and application processes must be coordinated with the regulators.
The director may adopt rules for the periodic examination and investigation of the affairs of an out-of-state or foreign credit union operating a branch in this state. [2001 c 83
§ 24; 1997 c 397 § 43. Prior: 1994 c 256 § 88; 1994 c 92 §
205; 1984 c 31 § 54. Formerly RCW 31.12.526.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.474
31.12.474 Liquidation—Disposition of unclaimed
funds. (1) At a special meeting called for the purpose of liquidation, and upon the recommendation of at least two-thirds
of the total members of the board of a credit union, the members of a credit union may elect to liquidate the credit union
by a two-thirds majority vote of those members voting.
(2) Upon a vote to liquidate under subsection (1) of this
section, a three-person liquidating committee must be elected
to liquidate the assets of the credit union. The committee
shall act in accordance with any requirements of the director
and may be reasonably compensated by the board of the
credit union. Each share account holder and depositor at the
credit union is entitled to his, her, or its proportionate part of
the assets in liquidation after all shares, deposits, and debts
have been paid. The proportionate allocation shall be based
on account balances as of a date determined by the board. For
the purposes of liquidation, shares and deposits are equivalent. The assets of the liquidating credit union are not subject
to contingent liabilities. Upon distribution of the assets, the
credit union ceases to exist except for the purpose of discharging existing liabilities and obligations.
(3) Funds representing unclaimed dividends in liquidation and remaining in the hands of the liquidating committee
for six months after the date of the final dividend must be
deposited, together with all the books and papers of the credit
union, with the director. The director may, one year after
receipt, destroy such records, books, and papers as, in the
director’s judgment, are obsolete or unnecessary for future
reference. The funds may be deposited in one or more financial institutions to the credit of the director, in trust for the
members of the credit union entitled to the funds. The director may pay a portion of the funds to a person upon receipt of
satisfactory evidence that the person is entitled to the funds.
In case of doubt or conflicting claims, the director may
require an order of the superior court of the county in which
the principal place of business of the credit union was
located, authorizing and directing the payment of the funds.
The director may apply the interest earned by the funds
toward defraying the expenses incurred in the holding and
paying of the funds. Five years after the receipt of the funds,
the funds still remaining with the director must be remitted to
the state as unclaimed property. [2001 c 83 § 25; 1997 c 397
§ 44; 1994 c 92 § 223; 1984 c 31 § 74. Formerly RCW
31.12.725.]
Uniform unclaimed property act: Chapter 63.29 RCW.
[Title 31 RCW—page 20]
EXAMINATION AND SUPERVISION
31.12.516 Powers of director. (1) The powers of
supervision and examination of credit unions and other persons subject to this chapter and chapter 31.13 RCW are
vested in the director. The director shall require each credit
union to conduct business in compliance with this chapter
and may require each credit union to conduct business in
compliance with other state and federal laws that apply to
credit unions. The director has the power to commence and
prosecute actions and proceedings, to enjoin violations, and
to collect sums due the state of Washington from a credit
union.
(2) The director may adopt such rules as are reasonable
or necessary to carry out the purposes of this chapter and
chapter 31.13 RCW. Chapter 34.05 RCW will, whenever
applicable, govern the rights, remedies, and procedures
respecting the administration of this chapter.
(3) The director may by rule provide appropriate relief
for small credit unions from requirements under this chapter
or rules of the director. However, small credit unions must
still comply with RCW 31.12.408.
(4) The director shall have the power and broad administrative discretion to administer and interpret the provisions of
this chapter and chapter 31.13 RCW, to facilitate the delivery
of financial services to the members of a credit union.
(5) Nonfederally insured credit unions, nonfederally
insured out-of-state credit unions, and nonfederally insured
foreign credit unions operating in this state as permitted by
RCW 31.12.408 and 31.12.471, as applicable, must comply
with safety and soundness requirements established by the
director.
(6) The director may charge fees to credit unions and
other persons subject to examination and investigation under
this chapter and chapter 31.13 RCW, and to other parties
where the division contracts out its services, in order to cover
the costs of the operation of the division of credit unions, and
to establish a reasonable reserve for the division. The director
may waive all or a portion of the fees. [2001 c 83 § 26; 1997
c 397 § 45; 1994 c 92 § 204; 1984 c 31 § 53.]
31.12.516
31.12.518 Powers of director under chapter 19.144
RCW. The director or the director’s designee may take such
action as provided for in this chapter to enforce, investigate,
or examine persons covered by chapter 19.144 RCW. [2008
c 108 § 17.]
31.12.518
Findings—2008 c 108: See RCW 19.144.005.
31.12.545 Examinations and investigations—
Reports—Access to records—Oaths—Subpoenas. (1)
The director shall make an examination and investigation
into the affairs of each credit union at least once every eighteen months, unless the director determines with respect to a
credit union, that a less frequent examination schedule will
satisfactorily protect the financial stability of the credit union
and will satisfactorily assure compliance with the provisions
of this chapter.
(2) In regard to credit unions, and out-of-state and foreign credit unions permitted to operate a branch in Washington pursuant to RCW 31.12.471, the director:
31.12.545
(2008 Ed.)
Washington State Credit Union Act
(a) Shall have full access to the credit union’s books and
records and files, including but not limited to computer files;
(b) May appraise and revalue the credit union’s investments; and
(c) May require the credit union to charge off or set up a
special reserve for loans and investments.
(3) The director may make an examination and investigation into the affairs of:
(a) An out-of-state or foreign credit union permitted to
operate a branch in Washington pursuant to RCW 31.12.471;
(b) A nonpublicly held organization in which a credit
union has a material investment;
(c) A publicly held organization the capital stock or
equity of which is controlled by a credit union;
(d) A credit union service organization in which a credit
union has an interest;
(e) An organization that is not a credit union, out-of-state
credit union, federal credit union, or foreign credit union, and
that has a majority interest in a credit union service organization in which a credit union has an interest;
(f) A sole proprietorship or organization primarily in the
business of managing one or more credit unions; and
(g) A person providing electronic data processing services to a credit union.
The director shall have full access to the books and
records and files, including but not limited to computer files,
of persons described in this subsection.
(4) In connection with examinations and investigations,
the director may:
(a) Administer oaths and examine under oath any person
concerning the affairs of any credit union or of any person
described in subsection (3) of this section; and
(b) Issue subpoenas to and require the attendance and
testimony of any person at any place within this state, and
require witnesses to produce any books and records and files,
including but not limited to computer files, that are material
to an examination or investigation.
(5) The director may accept in lieu of an examination
under this section:
(a) The report of an examiner authorized to examine a
credit union or an out-of-state, federal, or foreign credit
union, or other financial institution; or
(b) The report of an accountant, satisfactory to the director, who has made and submitted a report of the condition of
the affairs of a credit union or an out-of-state, federal, or foreign credit union, or other financial institution. The director
may accept all or part of such a report in lieu of all or part of
an examination. The accepted report or accepted part of the
report has the same force and effect as an examination under
this section. [2001 c 83 § 27; 1997 c 397 § 46; 1994 c 92 §
207; 1984 c 31 § 56.]
31.12.565 Examination reports and information confidential—Exceptions—Penalty. (1) The following are
confidential and privileged and not subject to public disclosure under chapter 42.56 RCW:
(a) Examination reports and information obtained by the
director in conducting examinations and investigations under
this chapter and chapter 31.13 RCW;
(b) Examination reports and related information from
other financial institution regulators obtained by the director;
31.12.565
(2008 Ed.)
31.12.565
(c) Reports or parts of reports accepted in lieu of an
examination under RCW 31.12.545; and
(d) Business plans and other proprietary information
obtained by the director in connection with a credit union’s
application or notice to the director.
(2) Notwithstanding subsection (1) of this section, the
director may furnish examination reports prepared by the
director to:
(a) Federal agencies empowered to examine credit
unions or other financial institutions;
(b) Officials empowered to investigate criminal charges.
The director may furnish only that part of the report which is
necessary and pertinent to the investigation, and only after
notifying the affected credit union and members of the credit
union who are named in that part of the examination report,
or other person examined, that the report is being furnished to
the officials, unless the officials requesting the report obtain
a waiver of the notice requirement for good cause from a
court of competent jurisdiction;
(c) The examined credit union or other person examined,
solely for its confidential use;
(d) The attorney general in his or her role as legal advisor
to the director;
(e) Prospective merger partners or conservators, receivers, or liquidating agents of a distressed credit union;
(f) Credit union regulators in other states or foreign jurisdictions regarding an out-of-state or foreign credit union conducting business in this state under this chapter, or regarding
a credit union conducting business in the other state or jurisdiction;
(g) A person officially connected with the credit union or
other person examined, as officer, director, supervisory committee member, attorney, auditor, accountant, independent
attorney, independent auditor, or independent accountant;
(h) Organizations that have bonded the credit union to
the extent that information is relevant to the renewal of the
bond coverage or to a claim under the bond coverage;
(i) Organizations insuring or guaranteeing the shares of,
or deposits in, the credit union; or
(j) Other persons as the director may determine necessary to protect the public interest and confidence.
(3) Examination reports furnished under subsection (2)
of this section remain the property of the director and no person to whom reports are furnished or any officer, director, or
employee thereof may disclose or make public the reports or
information contained in the reports except in published statistical information that does not disclose the affairs of a person, except that nothing prevents the use in a criminal prosecution of reports furnished under subsection (2)(b) of this
section.
(4) In a civil action in which the reports or information
are sought to be discovered or used as evidence, a party may,
upon notice to the director, petition the court for an in-camera
review of the reports or information. The court may permit
discovery and introduction of only those portions of the
report or information which are relevant and otherwise unobtainable by the requesting party. This subsection does not
apply to an action brought or defended by the director.
(5) This section does not apply to investigation reports
prepared by the director concerning an application for a new
credit union or a notice of intent to establish a branch of a
[Title 31 RCW—page 21]
31.12.567
Title 31 RCW: Miscellaneous Loan Agencies
credit union, except that the director may adopt rules making
portions of the reports confidential, if in the director’s opinion the public disclosure of that portion of the report would
impair the ability to obtain information the director considers
necessary to fully evaluate the application.
(6) Any person who knowingly violates a provision of
this section is guilty of a gross misdemeanor. [2005 c 274 §
254; 2001 c 83 § 28; 1997 c 397 § 48. Prior: 1994 c 256 §
90; 1994 c 92 § 209; 1984 c 31 § 58.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Findings—Construction—1994 c 256: See RCW 43.320.007.
Examination reports and information from financial institutions exempt:
RCW 42.56.400.
31.12.567 Reports—Financial and statistical data—
As required by director. A credit union shall file with the
director any financial and statistical report that it is required
to file with the national credit union administration. Each
report must be certified by the principal operating officer of
the credit union. In addition, a credit union shall file reports
as may be required by the director. [2001 c 83 § 29; 1997 c
397 § 49.]
31.12.585
31.12.585 Prohibited acts—Notice—Cease and desist
order. The director may issue and serve a credit union with
a written notice of charges and intent to issue a cease and
desist order if, in the opinion of the director, the credit union
has committed or is about to commit:
(1) A material violation of law; or
(2) An unsafe or unsound practice.
Upon taking effect, the order may require the credit
union and its directors, supervisory committee members,
officers, employees, and agents to cease and desist from the
violation or practice and may require them to take affirmative
action to correct the conditions resulting from the violation or
practice. [2001 c 83 § 33; 1997 c 397 § 53; 1994 c 92 § 211;
1984 c 31 § 60.]
31.12.567
31.12.569 Generally accepted accounting principles.
Credit unions will comply with the provisions of generally
accepted accounting principles as required by federal law or
rule of the director. In adopting rules to implement this section, the director shall consider, among other relevant factors,
whether to transition small credit unions to generally
accepted accounting principles over a period of time. [2001
c 83 § 30; 1997 c 397 § 50.]
31.12.569
Effective date—1997 c 397 § 50: "Section 50 of this act takes effect
January 1, 1999." [1997 c 397 § 91.]
31.12.571 Notice of intent to establish branch—
Another state or foreign jurisdiction. A credit union desiring to establish a branch in another state or a foreign jurisdiction shall submit to the director a notice of intent to establish
the branch at least thirty days before conducting business at
the branch. [2001 c 83 § 31; 1997 c 397 § 51; 1994 c 92 §
190; 1984 c 31 § 23. Formerly RCW 31.12.215.]
31.12.571
31.12.575 Removal or prohibition orders—Director’s authority—Notice. The director may issue and serve a
credit union director, supervisory committee member,
officer, or employee with written notice of intent to remove
the person from office or employment or to prohibit the person from participating in the conduct of the affairs of the
credit union or any credit union whenever, in the opinion of
the director:
(1) The person has committed a material violation of law
or an unsafe or unsound practice; and
(2)(a) The credit union has suffered or is likely to suffer
substantial financial loss or other damage; or
(b) The interests of the credit union’s share account holders and depositors could be seriously prejudiced by reason of
the violation or practice; and
(3) The violation or practice involves personal dishonesty, recklessness, or incompetence. [2001 c 83 § 32; 1997 c
397 § 52; 1994 c 92 § 210; 1984 c 31 § 59.]
31.12.575
[Title 31 RCW—page 22]
31.12.595
31.12.595 Temporary cease and desist order—
Notice—Superior court. (1) If the director determines that
the violation or practice specified in RCW 31.12.585 is likely
to cause an unsafe or unsound condition at the credit union,
the director may issue and serve a temporary cease and desist
order. The order may require the credit union and its directors, supervisory committee members, officers, employees,
and agents to cease and desist from the violation or practice
and may require them to take affirmative action to correct the
conditions resulting from the violation or practice.
(2) With the temporary order, the director shall serve a
notice of charges and intent to issue a cease and desist order
under RCW 31.12.585 in the matter.
(3) The temporary order becomes effective upon service
on the credit union and remains effective until completion of
the administrative proceedings under the notice issued under
subsection (2) of this section.
(4) Within ten days after a credit union has been served
with a temporary order, the credit union may apply to the
superior court in the county of its principal place of business
for an injunction setting aside, limiting, or suspending the
order pending the completion of the administrative proceedings under the notice issued under subsection (2) of this section.
(5) In the case of a violation or threatened violation of a
temporary order, the director may apply to the superior court
of the county of the principal place of business of the credit
union for an injunction to enforce the order, and the court
shall issue an injunction if it determines that there has been a
violation or threatened violation. [2001 c 83 § 34; 1997 c 397
§ 54; 1994 c 92 § 212; 1984 c 31 § 61.]
31.12.625
31.12.625 Administrative hearing—Procedures. An
administrative hearing on the notice provided for in RCW
31.12.575 and 31.12.585 must be conducted in accordance
with chapter 34.05 RCW; provided that, to the extent the
requirements of this chapter are inconsistent with chapter
34.05 RCW, this chapter will govern. The hearing may be
held at such place as is designated by the director. The hearing shall be private unless the director determines that a public hearing is necessary to protect the public interest after
fully considering the views of the party afforded the hearing.
[2001 c 83 § 35; 1997 c 397 § 56; 1994 c 92 § 214; 1984 c 31
§ 64.]
(2008 Ed.)
Washington State Credit Union Act
31.12.654
31.12.630 Authority of director to call special meeting of board. The director may request a special meeting of
the board of a credit union if the director believes that a special meeting is necessary for the welfare of the credit union or
the purposes of this chapter. The director’s request for a special board meeting must be made in writing to the secretary of
the board and the request must be handled in the same manner as a call for a special meeting under RCW 31.12.195. The
director may require the attendance of all of the directors at
the special board meeting, and an absence unexcused by the
director constitutes a violation of this chapter. [1997 c 397 §
58; 1994 c 92 § 216; 1984 c 31 § 67. Formerly RCW
31.12.655.]
31.12.644 Supervision by director—Certain acts prohibited. During the period of supervisory direction, the
director may prohibit the credit union from engaging in any
of the following acts without prior approval:
(1) Disposing of, conveying, or encumbering any of its
assets;
(2) Withdrawing any of its accounts at other financial
institutions;
(3) Lending any of its funds;
(4) Investing any of its funds;
(5) Transferring any of its property; or
(6) Incurring any debt, obligation, or liability. [1997 c
397 § 62.]
31.12.633 Authority of director to attend meetings of
the board. The director may attend a meeting of the board of
a credit union if the director believes that attendance at the
meeting is necessary for the welfare of the credit union, or the
purposes of this chapter, or if the board has requested the
director’s attendance. The director shall provide reasonable
notice to the board before attending a meeting. [1997 c 397 §
59; 1994 c 92 § 217; 1984 c 31 § 68. Formerly RCW
31.12.665.]
31.12.647 Supervision by director—Credit union
request for review. During the period of supervisory direction, the credit union may request the director to review an
action taken or proposed to be taken by the representative,
specifying how the action is not in the best interests of the
credit union. The request stays the action, pending the director’s review of the request. [1997 c 397 § 63.]
31.12.630
31.12.633
31.12.637 Intervention by director—Conditions. The
director may place a credit union under supervisory direction
in accordance with RCW 31.12.641 through 31.12.647,
appoint a conservator for a credit union in accordance with
RCW 31.12.651 through 31.12.661, appoint a liquidating
agent for a credit union in accordance with RCW 31.12.664
and 31.12.667, or appoint a receiver for a credit union in
accordance with RCW 31.12.671 through 31.12.724, if the
credit union:
(1) Consents to the action;
(2) Has failed to comply with the requirements of the
director while the credit union is under supervisory direction;
(3) Has committed or is about to commit a material violation of law or an unsafe or unsound practice, and such violation or practice has caused or is likely to cause an unsafe or
unsound condition at the credit union; or
(4) Is in an unsafe or unsound condition. [1997 c 397 §
60.]
31.12.637
31.12.641 Supervision by director—Notice—Compliance—Costs. (1) As authorized by RCW 31.12.637, the
director may determine to place a credit union under supervisory direction. Upon such a determination, the director shall
notify the credit union in writing of:
(a) The director’s determination; and
(b) Any requirements that must be satisfied before the
director shall terminate the supervisory direction.
(2) The credit union must comply with the requirements
of the director as provided in the notice. If the credit union
fails to comply with the requirements, the director may
appoint a conservator, liquidating agent, or receiver for the
credit union, in accordance with this chapter. The director
may appoint a representative to supervise the credit union
during the period of supervisory direction.
(3) All costs incident to supervisory direction will be a
charge against the assets of the credit union to be allowed and
paid as the director may determine. [1997 c 397 § 61.]
31.12.641
(2008 Ed.)
31.12.644
31.12.647
31.12.651 Conservator—Authorized actions—Costs.
(1) As authorized by RCW 31.12.637, the director may, upon
due notice and hearing, appoint a conservator for a credit
union. The director may appoint himself or herself or another
qualified party as conservator of the credit union. The conservator shall immediately take charge of the credit union and all
of its property, books, records, and effects.
(2) The conservator shall conduct the business of the
credit union and take such steps toward the removal of the
causes and conditions that have necessitated the appointment
of a conservator, as the director may direct. The conservator
is authorized to, without limitation:
(a) Take all necessary measures to preserve, protect, and
recover any assets or property of the credit union, including
any claim or cause of action belonging to or which may be
asserted by the credit union, and administer the same in his or
her own name as conservator; and
(b) File, prosecute, and defend any suit that has been
filed or may be filed by or against the credit union that is
deemed by the conservator to be necessary to protect all of
the interested parties or a property affected thereby.
The conservator shall make such reports to the director
from time to time as may be required by the director.
(3) All costs incident to conservatorship will be a charge
against the assets of the credit union to be allowed and paid as
the director may determine.
(4) If at any time the director determines that the credit
union is not in condition to continue business under the conservator in the interest of its share account holders, depositors, or creditors, and grounds exist under RCW 31.12.637,
the director may proceed with appointment of a liquidating
agent or receiver in accordance with this chapter. [1997 c
397 § 64.]
31.12.651
31.12.654 Actions by conservator—Review. During
the period of conservatorship, the credit union may request
the director to review an action taken or proposed to be taken
by the conservator, specifying how the action is not in the
best interest of the credit union. The request stays the action,
31.12.654
[Title 31 RCW—page 23]
31.12.657
Title 31 RCW: Miscellaneous Loan Agencies
pending the director’s review of the request. [1997 c 397 §
65.]
31.12.657 Lawsuits during period of conservatorship. Any suit filed against a credit union or its conservator,
during the period of conservatorship, must be brought in the
superior court of Thurston county. A conservator for a credit
union may file suit in any superior court or other court of
competent jurisdiction against any person for the purpose of
preserving, protecting, or recovering any asset or property of
the credit union, including, but not limited to, any claims or
causes of action belonging to or asserted by the credit union.
[1997 c 397 § 66.]
31.12.657
31.12.661 Conservator serves until purposes are
accomplished. The conservator shall serve until the purposes of the conservatorship have been accomplished. If
rehabilitated, the credit union must be returned to management or new management under such conditions as the director may determine. [1997 c 397 § 67.]
31.12.661
31.12.664 Liquidation—Suspension or revocation of
articles—Placement in involuntary liquidation—
Appointment of liquidating agent—Notice—Procedure—
Effect. (1) As authorized by RCW 31.12.637, the director
may appoint a liquidating agent for a credit union. Before
appointing a liquidating agent, the director shall issue and
serve notice on the credit union an order directing the credit
union to show cause why its articles of incorporation should
not be suspended or revoked, in accordance with chapter
34.05 RCW.
(2) If the credit union fails to adequately show cause, the
director shall serve the credit union with an order directing
the suspension or revocation of the articles of incorporation,
placing the credit union in involuntary liquidation, appointing a liquidating agent under this section and RCW
31.12.667, and providing a statement of the findings on
which the order is based.
(3) The suspension or revocation must be immediate and
complete. Once the articles of incorporation are suspended or
revoked, the credit union shall cease conducting business.
The credit union may not accept any payment to share or
deposit accounts, may not grant or pay out any new or previously approved loans, may not invest any of its assets, and
may not declare or pay out any previously declared dividends. The liquidating agent of a credit union whose articles
have been suspended or revoked may accept payments on
loans previously paid out and may accept income from
investments already made. [1997 c 397 § 68; 1994 c 92 §
218; 1984 c 31 § 69. Formerly RCW 31.12.675.]
31.12.664
31.12.667 Order directing involuntary liquidation—
Procedure. (1) On receipt of the order placing the credit
union in involuntary liquidation, the officers and directors of
the credit union shall deliver to the liquidating agent possession and control of all books, records, assets, and property of
the credit union.
(2) The liquidating agent shall proceed to convert the
assets to cash, collect all debts due to the credit union and
wind up its affairs in accordance with any instructions and
31.12.667
[Title 31 RCW—page 24]
procedures issued by the director. If a liquidating agent
agrees to absorb and serve the membership of the credit
union, the director may approve a pooling of assets and liabilities rather than a distribution of assets.
(3) Each share account holder and depositor at the credit
union is entitled to a proportionate allocation of the assets in
liquidation after all shares, deposits, and debts have been
paid.
The proportionate allocation shall be based on account
balances as of a date determined by the board. For the purposes of liquidation, shares and deposits are equivalent.
(4) The liquidating agent shall cause a notice of liquidation to be published once a week for three consecutive weeks
in a newspaper of general circulation in the county in which
the principal place of business of the credit union is located.
The notice of liquidation must inform creditors of the credit
union on how to make a claim upon the liquidating agent, and
that if a claim is not made upon the liquidating agent within
thirty days of the last date of publication, the creditor’s claim
is barred. The liquidating agent shall provide personal notice
of liquidation to the creditors of record, informing them that
if they fail to make a claim upon the liquidating agent within
thirty days of the service of the notice, the creditor’s claim is
barred. If a creditor fails to make a claim upon the liquidating
agent within the times required to be specified in the notices
of liquidation, the creditor’s claim is barred. All contingent
liabilities of the credit union are discharged upon the director’s order to liquidate the credit union. The liquidating agent
shall, upon completion, certify to the director that the distribution or pooling of assets of the credit union is complete.
[1997 c 397 § 69; 1994 c 92 § 219; 1984 c 31 § 70. Formerly
RCW 31.12.685.]
31.12.671 Receivership—Appointment of receiver by
director—Notice—Act without bond. As authorized by
RCW 31.12.637, the director may without prior notice
appoint a receiver to take possession of a credit union. The
director may appoint the national credit union administration
or other qualified party as receiver. Upon appointment, the
receiver is authorized to act without bond. Upon acceptance
of the appointment, the receiver shall have and possess all the
powers and privileges provided by the laws of this state with
respect to the receivership of a credit union, and be subject to
all the duties of and restrictions applicable to such a receiver,
except insofar as such powers, privileges, duties, or restrictions are in conflict with any applicable provision of the federal credit union act.
Upon taking possession of the credit union, the receiver
shall give written notice to the directors of the credit union
and to all persons having possession of any assets of the
credit union. No person with knowledge of the taking of possession by the receiver shall have a lien or charge for any payment advanced, clearance made, or liability incurred against
any of the assets of the credit union, after the receiver takes
possession, unless approved by the receiver. [1997 c 397 §
70.]
31.12.671
31.12.674 Receiver may be required to show cause—
Superior court. Within ten days after the receiver takes possession of a credit union’s assets, the credit union may serve
31.12.674
(2008 Ed.)
Washington State Credit Union Act
notice upon the receiver to appear before the superior court of
the county in which the principal place of business of the
credit union is located and at a time to be fixed by the court,
which may not be less than five or more than fifteen days
from the date of the service of the notice, to show cause why
the credit union should not be restored to the possession of its
assets.
The court shall summarily hear and dismiss the complaint if it finds that the receiver was appointed for cause.
However, if the court finds that no cause existed for appointment of the receiver, the court shall require the receiver to
restore the credit union to possession of its assets and enjoin
the director from further appointment of a receiver for the
credit union without cause. [1997 c 397 § 71.]
31.12.677 Powers and duties of receiver. Upon taking
possession of a credit union, the receiver shall proceed to collect the assets of the credit union and preserve, administer,
and liquidate its business and assets.
With the approval of the Thurston county superior court
or the superior court of the county in which the principal
place of business of the credit union is located, the receiver
may sell, compound, or compromise bad or doubtful debts,
and upon such terms as the court may direct, borrow, mortgage, pledge, or sell all or any part of the real and personal
property of the credit union. The receiver may deliver to each
purchaser or lender an appropriate deed, mortgage, agreement of pledge, or other instrument of title or security. The
receiver may employ an attorney or other assistants to assist
in carrying out the receivership, subject to such surety bond
as the director may require. The premium for any such bond
must be paid out of the assets of the credit union.
In carrying out the receivership, the receiver may without limitation arrange for the merger or consolidation of the
credit union in receivership with another credit union, out-ofstate credit union, or federal credit union, or may arrange for
the purchase of the credit union’s assets and the assumption
of its liabilities by such a credit union, in whole or in part, or
may arrange for such a transaction with another type of financial institution as may be otherwise permitted by law. The
receiver shall give preference to transactions with a credit
union or a federal credit union that has its principal place of
business in this state. [1997 c 397 § 72.]
31.12.677
31.12.681 Claims against credit union in receivership—Notice. The receiver shall publish once a week for
four consecutive weeks in a newspaper of general circulation
in the county where the credit union’s principal place of business is located, a notice requiring all persons having claims
against the credit union to file proof of claim not later than
ninety days from the date of the first publication of the notice.
The receiver shall mail similar notices to all persons whose
names appear as creditors upon the books of the credit union.
The assets of the credit union are not subject to contingent
claims.
After the expiration of the time fixed in the notice, the
receiver has no power to accept any claim except the claim of
a depositor or share account holder, and all other claims are
barred. Claims of depositors or share account holders may be
presented after the expiration of the time fixed in the notice
31.12.681
(2008 Ed.)
31.12.694
and may be approved by the receiver. If such a claim is
approved, the depositor or share account holder is entitled to
its proportion of prior liquidation dividends, if sufficient
funds are available for it, and will share in the distribution of
the remaining assets.
The receiver may approve or reject any claim, but shall
serve notice of rejection upon the claimant by mail or personally. An affidavit of service of the notice of rejection will
serve as prima facie evidence that notice was given. No
action may be brought on any claim after three months from
the date of service of the notice of rejection. [1997 c 397 §
73.]
31.12.684
31.12.684 Receiver shall inventory assets—File lists
of assets and claims—Objections to approved claims.
Upon taking possession of the credit union, the receiver shall
make an inventory of the assets and file the list in the office
of the county clerk. Upon the expiration of the time fixed for
the presentation of claims, the receiver shall make a list of
claims presented, segregating those approved and those
rejected, to be filed in the office of the county clerk. The
receiver shall also make and file with the office of the county
clerk a supplemental list of claims at least fifteen days before
the declaration of any liquidation dividend, and in any event
at least every six months.
Objection may be made by any interested person to any
claim approved by the receiver. Objections to claims
approved by the receiver will be resolved by the court after
providing notice to both the claimant and objector, as the
court may prescribe. [1997 c 397 § 74.]
31.12.687
31.12.687 Expenses incurred by receiver. All
expenses incurred by the receiver in relation to the receivership of a credit union, including, but not limited to, reasonable attorneys’ fees, become a first charge upon the assets of
the credit union. The charges shall be fixed and determined
by the receiver, subject to the approval of the court. [1997 c
397 § 75.]
31.12.691
31.12.691 Liquidation dividends—Approval of
court. At any time after the expiration of the date fixed for
the presentation of claims, the receiver, subject to the
approval of the court, may declare one or more liquidation
dividends out of the funds remaining after the payment of
expenses. [1997 c 397 § 76.]
31.12.694
31.12.694 Remaining assets—Distribution. When all
expenses of the receivership have been paid, as well as all
proper claims of share account holders, depositors, and other
creditors, and proper provision has been made for unclaimed
or unpaid debts and liquidation dividends, and assets of the
credit union still remain, the receiver shall wind up the affairs
of the credit union and distribute its assets to those entitled to
them. Each share account holder and depositor at the credit
union is entitled to a proportionate share of the assets remaining. The proportionate allocation shall be based on account
balances as of a date determined by the board. For the purposes of liquidation, shares and deposits are equivalent.
[1997 c 397 § 77.]
[Title 31 RCW—page 25]
31.12.697
Title 31 RCW: Miscellaneous Loan Agencies
31.12.697
31.12.697 Unclaimed liquidation dividends. Any liquidation dividends to share account holders, depositors, or
other creditors of the credit union remaining uncalled for and
unpaid in the hands of the receiver for six months after the
order of final distribution, must be deposited in a financial
institution to each share account holder’s, depositor’s, or
creditor’s credit. The funds must be held in trust for the benefit of the persons entitled to the funds and, subject to the
supervision of the court, must be paid by the receiver to them
upon presentation of satisfactory evidence of their right to the
funds. [1997 c 397 § 78.]
31.12.701
31.12.701 Personal property—Receiver’s duties. (1)
The receiver shall inventory, package, and seal uncalled for
and unclaimed personal property left with the credit union,
including, but not limited to, property held in safe deposit
boxes, and arrange for the packages to be held in safekeeping.
The credit union, its directors and officers, and the receiver,
shall be relieved of responsibility and liability for the property held in safekeeping. The receiver shall promptly send to
each person in whose name the property stood on the books
of the credit union, at the person’s last known address, a registered letter notifying the person that the property will be
held in the person’s name for a period of not less than two
years.
(2) After the expiration of two years from the date of
mailing the notice, the receiver shall promptly send to each
person in whose name the property stood on the books of the
credit union, at the person’s last known address, a registered
letter providing notice of sale. The letter must indicate that
the receiver will sell the property set out in the notice, at a
public auction at a specified time and place, not less than
thirty days after the date of mailing the letter. The receiver
may sell the property unless the person, prior to the sale, presents satisfactory evidence of the person’s right to the property. A notice of the time and place of the sale must be published once within ten days prior to the sale in a newspaper of
general circulation in the county where the sale is to be held.
(3) Any property, for which the address of the owner or
owners is not known, may be sold at public auction after it
has been held by the receiver for two years. A notice of the
time and place of the sale must be published once within ten
days prior to the sale in a newspaper of general circulation in
the county where the sale is to be held.
(4) Whenever the personal property left with the credit
union consists either wholly or in part, of documents, letters,
or other papers of a private nature, the documents, letters, or
papers may not be sold, but must be retained by the receiver
and may be destroyed after a period of five years. [1997 c
397 § 79.]
31.12.707 Completion of receivership—Merger, purchase, or liquidation—Secretary of state. Upon the completion of a receivership through merger, purchase of assets
and assumption of liabilities, or liquidation, the director shall
terminate the credit union’s authority to conduct business and
certify that fact to the secretary of state. Upon certification,
the credit union shall cease to exist and the secretary of state
shall note that fact upon his or her records. [1997 c 397 § 81.]
31.12.707
31.12.711 Director may terminate receivership—
Expenses. If at any time after a receiver is appointed, the
director determines that all material deficiencies at the credit
union have been corrected, and that the credit union is in a
safe and sound condition to resume conducting business, the
director may terminate the receivership and permit the credit
union to reopen upon such terms and conditions as the director may prescribe. Before being permitted to reopen, the
credit union must pay all of the expenses of the receiver.
[1997 c 397 § 82.]
31.12.711
31.12.714 Receivership files. The receiver or director,
as appropriate, may at any time after the expiration of one
year from the order of final distribution, or from the date
when the receivership has been completed, destroy any of the
remaining files, records, documents, books of account, or
other papers of the credit union that appear to be obsolete or
unnecessary for future reference as part of the receivership
files. [1997 c 397 § 83.]
31.12.714
31.12.717 Pendency of proceedings for review of
appointment of receiver—Liabilities of credit union—
Availability of relevant data. The pendency of any proceedings for judicial review of the appointment of a receiver
may not operate to prevent the payment or acquisition of the
share and deposit liabilities of the credit union by the national
credit union administration or other insurer or guarantor of
the share and deposit liabilities of the credit union. During the
pendency of the proceedings, the receiver shall make credit
union facilities, books, records, and other relevant credit
union data available to the insurer or guarantor as may be
necessary or appropriate to enable the insurer or guarantor to
pay out or to acquire the insured or guaranteed share and
deposit liabilities of the credit union. The national credit
union administration and any other insurer or guarantor of the
credit union’s share and deposit liabilities, together with their
directors, officers, agents, and employees, and the director
and receiver and their agents and employees, will be free
from liability to the credit union, its directors, members, and
creditors, for or on account of any action taken in connection
with the receivership. [1997 c 397 § 84.]
31.12.717
31.12.721 Appointment by court of temporary
receiver—Notice to director. No receiver may be appointed
by any court for any credit union, except that a court otherwise having jurisdiction may in case of imminent necessity
appoint a temporary receiver to take possession of and preserve the assets of the credit union. Immediately upon
appointment, the clerk of the court shall notify the director in
writing of the appointment and the director shall appoint a
receiver to take possession of the credit union and the tempo31.12.721
31.12.704
31.12.704 Proceeds of sale—Deposit or payment by
receiver. The proceeds of the sale less any amounts for costs
and charges incurred in safekeeping and sale must be deposited by the receiver in a financial institution, in trust for the
benefit of the person entitled to the property. The sale proceeds must be paid by the receiver to the person upon presentation of satisfactory evidence of the person’s right to the
funds. [1997 c 397 § 80.]
[Title 31 RCW—page 26]
(2008 Ed.)
Corporate Credit Unions
rary receiver shall upon demand surrender possession of the
assets of the credit union to the receiver. The receiver may in
due course pay the temporary receiver out of the assets of the
credit union, subject to the approval of the court. [1997 c 397
§ 85.]
31.12.724 Actions that are void—Felonious conduct—Penalties. (1) Every transfer of a credit union’s property or assets, and every assignment by a credit union for the
benefit of creditors, made in contemplation of insolvency, or
after it has become insolvent, to intentionally prefer one creditor over another, or to intentionally prevent the equal distribution of its property and assets among its creditors, is void.
(2) Every credit union director, officer, or employee
making any transfer described in subsection (1) of this section is guilty of a class B felony punishable according to
chapter 9A.20 RCW.
(3) An officer, director, or employee of a credit union
who fraudulently receives any share or deposit on behalf of
the credit union, knowing that the credit union is insolvent, is
guilty of a class B felony punishable according to chapter
9A.20 RCW. [2003 c 53 § 192; 1997 c 397 § 86.]
31.12.724
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
31.13.020
real property and tangible personal property, and every credit
union shall be termed a mutual institution for savings and neither it nor its property may be taxable under any law which
exempts savings banks or institutions for savings from taxation. For all purposes of taxation, the assets represented by
the regular reserve and other reserves, other than reserves for
expenses and losses of a credit union, shall be deemed its
only permanent capital, and in computing any tax, whether it
be property, income, or excise, appropriate adjustment shall
be made to give effect to the mutual nature of such credit
union. [1984 c 31 § 75. Formerly RCW 31.12.735.]
31.12.890 Satellite facilities. See chapter 30.43 RCW.
31.12.890
31.12.891 Automated teller machines and night
depositories security. Chapter 19.174 RCW applies to automated teller machines and night depositories regulated under
this title. [1993 c 324 § 11. Formerly RCW 31.12.740.]
31.12.891
Effective date—1993 c 324: See RCW 19.174.900.
31.12.902 Short title. This chapter may be known and
cited as the "Washington State Credit Union Act." [1984 c 31
§ 76.]
31.12.902
31.12.906 Effective date—1997 c 397. Except for sections 35 and 50 of this act, this act takes effect January 1,
1998. [1997 c 397 § 92.]
31.12.906
31.12.728 Applicability of general receivership law.
Except in cases in which a receiver is appointed by a court on
a temporary basis under RCW 31.12.721, the provisions of
Title 7 RCW generally applicable to receivers and receiverships do not apply to receivers elected or appointed under this
chapter. [2004 c 165 § 42.]
31.12.728
Purpose—Captions not law—2004 c 165: See notes following RCW
7.60.005.
31.12.907 Severability—1997 c 397. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1997 c 397 § 93.]
31.12.907
MISCELLANEOUS
31.12.908 Severability—2001 c 83. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2001 c 83 § 41.]
31.12.908
31.12.850 Prohibited acts—Penalty. (1)(a) It is
unlawful for a director, supervisory committee member,
officer, employee, or agent of a credit union to knowingly
violate or consent to a violation of this chapter.
(b) Unless otherwise provided by law, a violation of this
subsection is a misdemeanor under chapter 9A.20 RCW.
(2)(a) It is unlawful for a person to perform any of the
following acts:
(i) To knowingly subscribe to, make, or cause to be made
a false statement or entry in the books of a credit union;
(ii) To knowingly make a false statement or entry in a
report required to be made to the director; or
(iii) To knowingly exhibit a false or fictitious paper,
instrument, or security to a person authorized to examine a
credit union.
(b) A violation of this subsection is a class C felony
under chapter 9A.20 RCW. [2003 c 53 § 193; 1997 c 397 §
87; 1994 c 92 § 215; 1984 c 31 § 65. Formerly RCW
31.12.635.]
31.12.850
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 31.13
Chapter 31.13 RCW
CORPORATE CREDIT UNIONS
(Formerly: Central credit unions)
Sections
31.13.010
31.13.020
Definition of corporate credit union or corporate.
Authority to organize and operate—Powers and authorities—
Name—Federal or Kansas state corporate credit unions.
Master license system exemption: RCW 19.02.800.
31.13.010 Definition of corporate credit union or corporate. As used in this chapter, unless the context in which
it is used clearly indicates otherwise, the term "corporate
credit union" or "corporate" means a credit union organized
under this chapter. [2001 c 83 § 36; 1984 c 31 § 79; 1977
ex.s. c 207 § 5.]
31.13.010
Severability—2001 c 83: See RCW 31.12.908.
31.12.860 Taxation of credit unions. Neither a credit
union nor its members may be taxed upon its shares and
deposits as property. A credit union shall be taxable upon its
31.12.860
(2008 Ed.)
31.13.020 Authority to organize and operate—Powers and authorities—Name—Federal or Kansas state cor31.13.020
[Title 31 RCW—page 27]
Chapter 31.20
Title 31 RCW: Miscellaneous Loan Agencies
porate credit unions. (1) Corporate credit unions may be
organized and operated under this chapter. A corporate credit
union has all the powers and authorities granted in, and is
subject to, all of the provisions of chapter 31.12 RCW which
are not inconsistent with this chapter. A corporate must use
the term "corporate" in its official name. The director may
adopt rules for the organization and operation of corporate
credit unions.
(2) Notwithstanding any other provision of law, and in
addition to all powers and authorities, express or implied, that
a corporate credit union has under the laws of this state, a corporate has the powers and authorities that a federal or Kansas
state corporate credit union had on July 22, 2001. However, a
corporate must still comply with RCW 31.12.408.
(3) Notwithstanding any other provision of law, and in
addition to the powers and authorities, express or implied,
that a corporate has under subsection (2) of this section, a corporate credit union has the powers and authorities that a federal or Kansas state corporate credit union has subsequent to
July 22, 2001, if the director finds that the exercise of the
power and authority serves the convenience and advantage of
members of credit unions, and maintains the fairness of competition and parity between corporate credit unions. However, a corporate must still comply with RCW 31.12.408.
(4) The restrictions, limitations, and requirements applicable to specific powers or authorities of federal or Kansas
state corporate credit unions apply to corporate credit unions
exercising those powers or authorities permitted under this
section but only insofar as the restrictions, limitations, and
requirements relate to the specific exercise of the powers or
authorities granted corporate credit unions solely under this
section.
(5) As used in this section, "powers and authorities"
include, but are not limited to, powers and authorities in corporate governance matters. [2001 c 83 § 37; 1977 ex.s. c 207
§ 1.]
Severability—2001 c 83: See RCW 31.12.908.
Chapter 31.20 RCW
DEVELOPMENT CREDIT CORPORATIONS
Chapter 31.20
Sections
31.20.010
31.20.020
31.20.030
31.20.040
31.20.050
31.20.060
31.20.070
31.20.080
31.20.090
31.20.100
31.20.110
31.20.120
31.20.130
31.20.140
Creation under general corporation laws authorized.
Purposes specified.
Corporate powers.
Minimum capital stock.
Board of directors.
Members power to loan funds to corporation.
Members of corporation enumerated.
Members duty to loan funds to corporation—Maximum limits—Proration of calls.
Withdrawal from membership.
Surplus reserve required.
Funds to be deposited in designated depository.
Money deposits prohibited.
Publication of annual statement of assets and liabilities.
Participation in federal act authorized.
31.20.010 Creation under general corporation laws
authorized. Organizations to provide development credit
are authorized to be created under the general corporation
laws of the state, with all of the powers, privileges and immunities conferred on corporations by such laws. [1959 c 213 §
1.]
31.20.010
[Title 31 RCW—page 28]
31.20.020 Purposes specified. The purposes of development credit corporations as authorized herein shall be: (1)
To promote, aid, and, through the united efforts of the institutions and corporations which shall from time to time become
members thereof, develop and advance the industrial and
business prosperity and welfare of the state of Washington;
(2) To encourage new industries; (3) To stimulate and help to
expand all kinds of business ventures which tend to promote
the growth of the state; (4) To act whenever and wherever
deemed by it advisable in conjunction with other organizations, the objects of which are the promotion of industrial,
agricultural or recreational developments within the state;
and (5) To furnish for approved and deserving applicants
ready and required money for the carrying on and development of every kind of business or industrial undertaking
whereby a medium of credit is established not otherwise
readily available therefor. [1959 c 213 § 2.]
31.20.020
31.20.030 Corporate powers. In furtherance of the
purposes set forth in RCW 31.20.020, and in addition to the
powers conferred by the general laws relating to corporations, this corporation shall, subject to the restrictions and
limitations set forth in this chapter, have the following powers:
(1) To borrow money on secured or unsecured notes
from any bank, trust company, savings bank, mutual savings
bank, savings and loan association, building and loan association, credit union, insurance company or union funds which
shall be members of this corporation and to pledge bonds,
notes and other securities as collateral therefor: PROVIDED,
In no case shall the amount so loaned by any member exceed
the limit as hereinafter defined;
(2) To lend money upon secured or unsecured applications: PROVIDED, It shall not be the purpose hereof to take
from other institutions within the state any such loans or commitments as may be desired by such institutions generally in
the ordinary course of their business;
(3) To establish and regulate the terms and conditions of
any such loans and charges for interest or service connected
therewith;
(4) To purchase, hold, lease and otherwise acquire and to
convey such real estate as may, from time to time, be
acquired by it in satisfaction of debts or may be acquired by
it in the foreclosure of mortgages thereon or upon judgments
for debts or in settlements to secure debts. [1959 c 213 § 3.]
31.20.030
31.20.040 Minimum capital stock. No development
credit corporation shall be organized with a capital stock of
less than twenty-five thousand dollars, which shall be paid
into the treasury of the corporation in cash before the corporation shall be authorized to transact any business other than
such as relates to its organization. [1959 c 213 § 4.]
31.20.040
31.20.050 Board of directors. All the corporate powers
of a development credit corporation shall be exercised by a
board of not less than nine directors who shall be residents of
this state. The number of directors and their term of office
shall be determined by the stockholders at the first meeting
held by the incorporators and at each annual meeting thereafter. In the first instance the directors shall be elected by the
stockholders to serve until the first annual meeting. At the
31.20.050
(2008 Ed.)
Industrial Development Corporations
first annual meeting, and at each annual meeting thereafter,
one-third of the directors shall be elected by a vote of the
stockholders and the remaining two-thirds thereof shall be
elected by members of the corporation herein provided for,
each member having one vote. The removal of any director
from this state shall immediately vacate his office. If any
vacancy occurs in the board of directors through death, resignation or otherwise, the remaining directors may elect a person to fill the vacancy until the next annual meeting of the
corporation. The directors shall be annually sworn to the
proper discharge of their duties and they shall hold office
until others are elected or appointed and qualified in their
stead. [1959 c 213 § 5.]
Chapter 31.24
one-half of the capital stock. The said surplus shall be kept to
secure against losses and contingencies, and whenever the
same becomes impaired it shall be reimbursed in the manner
provided for its accumulation. [1959 c 213 § 10.]
31.20.110 Funds to be deposited in designated depository. A development credit corporation shall not deposit
any of its funds in any institution unless such institution has
been designated as a depository by a vote of a majority of the
directors, exclusive of the vote of any director who is an
officer or director of the depository so designated. [1959 c
213 § 11.]
31.20.110
31.20.120 Money deposits prohibited. A development
credit corporation shall not receive money on deposit. [1959
c 213 § 12.]
31.20.120
31.20.060 Members power to loan funds to corporation. Any member, as set forth in RCW 31.20.070, shall have
power and authority to loan any of their funds to any development credit corporation of which they are a member, subject to the restrictions as set forth in RCW 31.20.080, notwithstanding any laws to the contrary pertaining to such
member. [1959 c 213 § 6.]
31.20.060
31.20.070 Members of corporation enumerated. The
members of a development credit corporation shall consist of
such banks, trust companies, savings banks, mutual savings
banks, savings and loan associations, building and loan associations, credit unions, insurance companies or union funds
as may make accepted applications to this corporation to lend
funds to it upon call and up to the limit herein provided.
[1959 c 213 § 7.]
31.20.070
31.20.080 Members duty to loan funds to corporation—Maximum limits—Proration of calls. Each member
of a development credit corporation shall lend funds to the
development credit corporation as and when called upon by it
to do so to the extent of the member’s commitment, but the
total amount on loan by any member at any one time shall not
exceed the following limit: (1) For banks, trust companies, or
insurance companies, three percent of capital and surplus; (2)
For mutual savings banks, savings and loan associations, or
credit unions, three percent of guaranty and reserve funds;
and (3) Comparable limits for other institutions. All loan limits shall be established at the thousand dollars amount nearest
to the amount computed on an actual basis. All calls when
made by this corporation shall be prorated among the members on the same proportion that the maximum lending commitment of each bears to the aggregate maximum lending
commitment of all members. [1959 c 213 § 8.]
31.20.080
31.20.090 Withdrawal from membership. Upon
notice given one year in advance a member of the corporation
may withdraw from membership in the corporation at the
expiration date of such notice and from said expiration date
shall be free from obligations hereunder except as to those
accrued prior to said expiration date. [1959 c 213 § 9.]
31.20.090
31.20.100 Surplus reserve required. A development
credit corporation shall set apart a surplus of not less than ten
percent of its net earnings in each and every year until such
surplus, with any unimpaired surplus paid in, shall amount to
31.20.100
(2008 Ed.)
31.20.130 Publication of annual statement of assets
and liabilities. A development credit corporation, on or
before February 15th of each year, shall publish in three consecutive issues of a newspaper of general circulation in the
area or areas where the corporation is located a statement of
assets and liabilities as of December 31st of the preceding
year. [1959 c 213 § 13.]
31.20.130
31.20.140 Participation in federal act authorized.
Any development credit corporation desiring to qualify and
participate in the federal Small Business Investment Act of
1958 and as hereafter amended may do so and to that end may
comply with all the laws of the United States and all the rules,
regulations and requirements promulgated pursuant thereto.
[1959 c 213 § 14.]
31.20.140
Chapter 31.24 RCW
INDUSTRIAL DEVELOPMENT CORPORATIONS
Chapter 31.24
Sections
31.24.005
31.24.010
31.24.020
31.24.023
31.24.025
31.24.030
31.24.066
31.24.070
31.24.073
31.24.075
31.24.080
31.24.090
31.24.100
31.24.110
31.24.120
31.24.130
31.24.140
31.24.150
31.24.160
31.24.170
31.24.190
Findings—Declarations—Intent.
Definitions.
Application—Contents—Articles of incorporation—Fees—
Initial capital—Approval.
Filing articles of incorporation—Receipt of certificate of
authority.
Fees—Director’s discretion.
Corporate powers.
Plan of assessment—Purpose—Requirements—Approval.
Powers of stockholders—Voting rights—Proxy voting—Plan
of assessment—Dividends—Rules.
Aggregate limit on loans and investments—Single borrower or
business.
Insider transactions.
Amendment of articles of incorporation—Director’s
approval—Filing.
Board of directors—Officers and agents—Powers—Election—Meetings.
Minimum capital, surplus, undivided profits, and net earnings.
No receipt of money on deposit.
Examinations by director of financial institutions—Reports—
Authority of director.
First meeting—Notice—Duties of incorporators.
Duration of business development company.
Dissolution—Method—Distribution of assets.
Credit of state not pledged.
Business development companies designated state development companies.
Formation of historic business development company for purpose of preservation of historic buildings, areas, or neighborhoods.
[Title 31 RCW—page 29]
31.24.005
31.24.200
31.24.205
31.24.210
31.24.215
31.24.220
31.24.225
31.24.230
31.24.235
31.24.900
31.24.901
Title 31 RCW: Miscellaneous Loan Agencies
Insolvency and liquidation—Chapter 30.44 RCW.
Supervisory direction and conservatorship.
Mergers or consolidations—Application—Approval.
Conversion of development credit corporation—Application—Approval—Filing of articles—Certificate of authority.
Confidentiality and disclosure—Examinations.
Business as a limited liability company.
Simultaneous applications—Business development company
and nondepository lender of certain loans—Procedure—
Fees.
Rule making.
Severability—1963 c 162.
Short title.
Economic development finance authority: RCW 43.163.080.
31.24.005 Findings—Declarations—Intent. The legislature finds, declares, and intends that:
(1) There exists substantial and growing need in Washington state to enhance the availability of financial assistance
for small business and to improve the economy of the localities within this state;
(2) The department, which is charged with (a) the regulation of business development corporations, under this chapter, (b) the regulation of financial institutions and other financial entities as defined in this chapter, and (c) nondepository
lenders engaged in guaranteed small business and agricultural lending, under chapters 31.40 and 31.35 RCW, is
among those state agencies critical to meeting the needs
addressed in subsection (1) of this section; and
(3) It is necessary to assist the department in meeting the
needs addressed in subsection (1) of this section and to
improve its administration and regulation of this chapter and
chapters 31.35 and 31.40 RCW. [2006 c 87 § 1.]
31.24.005
31.24.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Applicant" means a person who files with the director an application for organization as, or conversion to doing
business as, a business development company under this
chapter, or who is making application for a material change
that requires approval of the director under this chapter.
(2) "Assessable stock" means any stock or class of stock,
or equity interest or class of equity interest, in a business
development company that:
(a) Has been authorized pursuant to the articles of incorporation of the business development company as approved
by the department;
(b) Has been created pursuant to an authorized plan of
assessment;
(c) Has been agreed to by a stockholder pursuant to the
stockholder’s subscription or similar agreement; and
(d) Has been disclosed as being subject to assessment on
the face of the stock certificates or certificates of equity interest.
(3) "Board of directors" means the board of directors of
a business development company created under this chapter.
(4) "Borrower" means a person, including a controlling
person of such person, who obtains a qualified loan from a
business development company.
(5) "Business" means a person, including a controlling
person of such person, who obtains a qualified loan or quali31.24.010
[Title 31 RCW—page 30]
fied investment, or both, from a business development company.
(6) "Business development company" means a company
created for the purpose of engaging in any activity authorized
by this chapter. A "business development company" created
under this chapter is either:
(a) A "general business development company," which
is a business development company that may engage in any
activity authorized by this chapter; or
(b) A "historic business development company," which
is a business development company organized to encourage
and stimulate the preservation of historic buildings or historic
commercial areas or neighborhoods, and may only engage in
activities consistent with the purposes of the limited charter
as set forth in RCW 31.24.190.
(7) "Business development project" means a project controlled by a business, in which a business development company may make a qualified investment, qualified loan, or
both.
(8) "Control," "controlled," or "controls," in relation to a
borrower or business, has the same meaning as "control of a
bank" has under Federal Reserve Regulation O, 12 C.F.R.
Sec. 215.2, as it existed on June 7, 2006, or such subsequent
date as may be provided by the department by rule, consistent
with the purposes of this chapter.
(9) "Controlling person" means a person, including an
executive officer or director as defined in Federal Reserve
Regulation O, 12 C.F.R. Sec. 215.2, as it existed on June 7,
2006, or such subsequent date as may be provided by the
department by rule, consistent with the purposes of this chapter, who controls a borrower or business.
(10) "Department" means the Washington state department of financial institutions, or its successor.
(11) "Director" means the director of the department of
financial institutions, unless used in the context of a member
of the board of directors of a business development company
created under this chapter.
(12) "Financial institution" means any federally chartered or state-chartered bank or trust company, savings bank
or savings and loan association, or credit union.
(13) "Insider transaction" means a transaction between a
business development company and a person who is (a) an
affiliate of a business development company or (b) an executive officer, director, or principal shareholder, or a related
interest of, such a person. As used in this subsection, "affiliate," "executive officer," "director," "principal shareholder,"
and "related interest" have the same meaning, in relation to a
business development company, as such terms have in relation to a member bank pursuant to Federal Reserve Regulation O, 12 C.F.R. Sec. 215.2, as it existed on June 7, 2006, or
such subsequent date as may be provided by the department
by rule, consistent with the purposes of this chapter.
(14) "Other financial entity" means an insurance company authorized to do business in Washington state, or any
other company, limited liability company, partnership, limited partnership, or foundation, other than a financial institution, engaged as a primary activity in the business of lending
or investing funds, and which holds a charter or license from
an applicable federal or state regulatory authority to engage
in such activity.
(2008 Ed.)
Industrial Development Corporations
(15) "Person" means a natural person, partnership, limited partnership, limited liability company, corporation, association, foundation, or other legal or commercial entity.
(16) "Plan of assessment" means a plan for assessment of
stockholders, or a class of stockholders, which is part of the
business plan of a business development company that has
been approved by the department, and which provides for the
periodic, equal assessment of all stockholders, or an affected
class of stockholders, according to their interest in the business development company, as provided for in RCW
31.24.066.
(17) "Qualified investment" means any equity investment, or debt investment other than a qualified loan, authorized by this chapter to be made by a business development
company to a business:
(a) The principal intent of which:
(i) In the case of a general business development company, is to promote or enhance small business or improvement of the economy of one or more localities within this
state, consistent with the general intent and purpose of a business development company, as set forth in RCW 31.24.005,
and with its approved business plan; or
(ii) In the case of a historic business development company, is to promote and/or enhance the special purpose and
intent of a historic business development company as set
forth in RCW 31.24.190, consistent with its approved business plan; and
(b) Which investment, at the time of its origination, has a
reasonable likelihood of being used for such purpose.
(18) "Qualified loan" means any loan authorized by this
chapter to be made by a business development company to a
borrower:
(a) The principal intent of which:
(i) In the case of a general business development company, is to promote or enhance small business or improvement of the economy of one or more localities within this
state, consistent with the general intent and purpose of this
chapter, and with its approved business plan; or
(ii) In the case of a historic business development company, is to promote or enhance the special purpose and intent
of a historic business development company as set forth in
RCW 31.24.190, consistent with its approved business plan;
and
(b) Which loan, at the time of its origination, has a reasonable likelihood of being used for such purpose.
(19) "Qualified loan participant" means a financial institution or other financial entity, as defined in this section, or
any other person engaged in the business of lending, who participates as a funder of a qualified participation loan.
(20) "Qualified participation loan" means a loan to a borrower or business, in relation to a business development
project, made, in whole or in part[,] by qualified loan participants, which has been facilitated, arranged, or partially
funded by a business development company.
(21) "Stock" means, in relation to a business development company, any stock or equity interest, of whatever
class, in a business development company.
(22) "Stockholder" means, in relation to a stockholder of
a business development company, any person authorized
either by Title 23B RCW to be a shareholder of a corporation
or by chapter 25.15 RCW and this chapter to hold an equity
(2008 Ed.)
31.24.020
interest in a limited liability company, and may include, without limitation, a financial institution or other financial entity.
[2006 c 87 § 2; 1963 c 162 § 1.]
31.24.020 Application—Contents—Articles of incorporation—Fees—Initial capital—Approval. (1) Five or
more persons, a majority of whom are residents of this state
and three of which are federally insured depository institutions, who desire to charter a business development company
under this chapter, may incorporate as a business development company by filing with the director an application for a
business development company charter, which application
contains the following:
(a) A cover letter requesting a charter as a business
development company under authority of this chapter, and
specifying the purpose of the requested charter;
(b) A business plan satisfactory to the director, including
a plan of assessment in the event that applicant seeks to
assess stockholders, or a class of stockholders, as provided
for in RCW 31.24.066;
(c) Proposed articles of incorporation, in form and substance consistent with the requirements of subsection (4) of
this section;
(d) Proposed bylaws, in form and substance consistent
with the requirements of this chapter;
(e) A filing fee and application review fee as established
by the director consistent with RCW 31.24.025; and
(f) All other relevant information as is necessary to satisfy the director that such proposed business development
company has a reasonable likelihood of (i) fulfilling the purposes of this chapter and (ii) operating in a safe and sound
manner.
(2) In addition to all other requirements of an application, the director shall not grant final approval of an application for organization as a business development company
under this chapter, and a business development company
shall not commence business, until the applicant certifies to
the satisfaction of the director, that a minimum amount of initial capital has been subscribed for, which minimum amount
of capital is subject to the determination of the director, who
may consider (a) the intended purpose of initial capital and
(b) the suitability and sufficiency of the amount of initial capital in relation to the applicant’s proposed business plan.
(3) The articles of incorporation must be in writing,
signed by all the incorporators and their representatives and
acknowledged before an officer authorized to take acknowledgments.
(4) The articles of incorporation shall contain:
(a) The name of the business development company,
which must include the word "Development";
(b) A recital that the business development company is
organized under this chapter;
(c) The location of the principal office of the business
development company, but the company may have offices in
other places within the state as may be fixed by the board of
directors;
(d) The purposes for which the business development
company is founded, which, except for a historic business
development company as authorized by RCW 31.24.190, are:
31.24.020
[Title 31 RCW—page 31]
31.24.023
Title 31 RCW: Miscellaneous Loan Agencies
(i) To promote, stimulate, develop, and advance the business prosperity and economic welfare of Washington and its
citizens;
(ii) To encourage and assist through financing, investments, or other business transactions, in the location of new
business and industry in this state and to rehabilitate and
assist existing business and industry;
(iii) To stimulate and assist in the expansion of business
activity which will tend to promote the business development
and maintain the economic stability of this state, provide
maximum opportunities for employment, encourage thrift,
and improve the standard of living of citizens of this state;
(iv) To cooperate and act in conjunction with other organizations, public or private, in the promotion and advancement of industrial, commercial, agricultural, and/or recreational developments in this state; and
(v) To provide financing for the promotion, development, and conduct of business activity in this state;
(e) The names and mailing addresses of the members of
the first board of directors, who, unless otherwise provided
by the articles of incorporation or the bylaws, shall hold
office for the first year of existence of the business development company or until their successors are elected and have
qualified;
(f) Any provision which the incorporators may choose to
insert for the regulation of the business and for the conduct of
the affairs of the business development company;
(g) Any provision creating, dividing, limiting, and regulating the powers of the business development company, the
directors, stockholders or any class of the stockholders,
including a designation of the officers, and provisions governing the issuance of stock certificates to replace lost or
destroyed certificates;
(h) The amount of authorized capital stock and the number of shares into which it is divided, the par value of each
share, and the amount of capital with which it will commence
business;
(i) A statement indicating whether capital stock or any
class of capital stock shall be assessable stock as part of a
plan of assessment;
(j) The names and mailing addresses of the subscribers
of stock and the number of shares subscribed by each;
(k) Any other provision consistent with the laws of this
state for the regulation of the affairs of the business development company, and Title 23B RCW; and
(l) The signatures of each of the incorporators, who must
be the same persons making application for a business development company charter as identified in subsection (1) of
this section.
(5) The director has ninety days from submission of a
completed application to approve it and issue a certificate of
authority. If the director finds that the application is insufficient, the director may either disapprove the application or
respond by specifying in writing what changes and modifications, consistent with this chapter, will be necessary to
approve such application. [2006 c 87 § 3; 1974 ex.s. c 16 § 1;
1963 c 162 § 2.]
31.24.023 Filing articles of incorporation—Receipt
of certificate of authority. (1) The director shall present the
31.24.023
[Title 31 RCW—page 32]
articles of incorporation, after approval by the director, to the
secretary of state for filing.
(2) An applicant is not authorized to commence and
maintain business as a business development company under
this chapter until having received a certificate of authority
from the department to conduct business as a business development company. [2006 c 87 § 4.]
31.24.025 Fees—Director’s discretion. The director
may, consistent with the requirements for banks under Title
30 RCW, collect from an applicant or business development
company, as applicable, application fees, application review
fees, periodic examination fees, and similar fees and charges,
as may be reasonable for the safe and sound regulation and
promotion of business development companies under this
chapter. [2006 c 87 § 5.]
31.24.025
31.24.030 Corporate powers. In furtherance of its purposes and in addition to the powers now or hereafter conferred on business corporations by Title 23B RCW and upon
limited liability companies by chapter 25.15 RCW, as applicable, a business development company has, subject to the
restrictions and limitations in this section, the following powers:
(1) To assess stockholders, or a class of stockholders, of
the business development company, if authorized by the articles of incorporation and approved by the department pursuant to a plan of assessment as provided for in RCW
31.24.066;
(2) To make qualified loans to borrowers in relation to
business development projects;
(3) To make qualified investments in businesses in relation to business development projects;
(4) To facilitate and arrange qualified participation loans
by qualified loan participants to borrowers in relation to business development projects;
(5) To participate in the partial funding of qualified participation loans;
(6) To elect, appoint, and employ officers, agents, and
employees;
(7) To make contracts and incur liabilities for any of the
purposes of the business development company. However, a
business development company shall not incur any secondary
liability by way of guaranty or endorsement of the obligations of any person, firm, company, association, or trust, or in
any other manner;
(8) To the extent permitted by other applicable law, to
borrow money from the federal small business administration
and any other similar federal or state agency, for any of the
purposes of a business development company;
(9) To borrow money from a financial institution or other
financial entity;
(10) To issue bonds, debentures, notes, or other evidence
of indebtedness, whether secured or unsecured, and to secure
the same by mortgage, pledge, deed of trust, or other lien on
its property, franchises, rights, and privileges of every kind
and nature or any part or interest therein, without securing
stockholder approval;
(11) To purchase, receive, hold, lease, or otherwise
acquire, and to sell, convey, transfer, lease, or otherwise dis31.24.030
(2008 Ed.)
Industrial Development Corporations
pose of real and personal property, together with such rights
and privileges as may be incidental and appurtenant thereto
and the use thereof, including, but not restricted to, any real
or personal property acquired by the business development
company in the satisfaction of debts or enforcement of obligations;
(12) To acquire the good will, business, rights, real and
personal property, and other assets, or any part thereof, or
interest therein, of any persons, firms, corporations, limited
liability companies, partnerships, limited partnerships, associations, or trusts, and to assume, undertake, or pay the obligations, debts, and liabilities of any such person, firm, corporation, limited liability company, partnership, limited partnership, association, or trust;
(13) To acquire improved or unimproved real estate for
the purpose of constructing industrial plants or other business
establishments thereon or for the purpose of disposing of
such real estate to others for the construction of industrial
plants or other business establishments; and to acquire, construct or reconstruct, alter, repair, maintain, operate, sell, convey, transfer, lease, or otherwise dispose of industrial plants
or business establishments;
(14) To acquire, subscribe for, own, hold, sell, assign,
transfer, mortgage, pledge, or otherwise dispose of the stock,
shares, bonds, debentures, notes, or other securities and evidences of interest in, or indebtedness of, any person, firm,
limited liability company, partnership, limited partnership,
association, or trust, and while the owner or holder thereof to
exercise all the rights, powers, and privileges of ownership,
including the right to vote thereon;
(15) To mortgage, pledge, or otherwise encumber any
property, right or things of value, acquired pursuant to the
powers contained in subsections (11), (12), and (14) of this
section, as security for the payment of any part of the purchase price thereof;
(16) To cooperate with and avail itself of the facilities
and assistance programs of the United States department of
commerce, the United States department of the treasury, the
United States department of housing and urban development,
the department of community, trade, and economic development, and any other similar state or federal governmental
agencies; and to cooperate with and assist, and otherwise
encourage organizations in the various communities of the
state in the promotion, assistance, and development of the
business prosperity and economic welfare of such communities or of this state or of any part thereof; and
(17) To do all acts and things necessary or convenient to
carry out the powers expressly granted in this chapter. [2006
c 87 § 6; 1991 c 72 § 49; 1985 c 466 § 42; 1983 c 3 § 51; 1963
c 162 § 3.]
Effective date—Severability—1985 c 466: See notes following RCW
43.31.125.
31.24.066 Plan of assessment—Purpose—Requirements—Approval. (1) As part of a business plan approved
by the department, an applicant or business development
company may seek to maintain capital for purposes of making qualified investments and qualified loans by periodically
assessing its stockholders, or a class of stockholders, according to a plan of assessment and as agreed upon by affected
stockholders by subscription or similar agreement.
31.24.066
(2008 Ed.)
31.24.070
(2) A plan of assessment may provide for:
(a) Stockholders, or a class of stockholders, making,
when called upon, additional paid-in capital in exchange for
additional equity; and/or
(b) Stockholders, or a class of stockholders, making,
when called upon, loans or other debt financing to the business development company in exchange for an agreement of
repayment.
(3) A plan of assessment shall provide for equal treatment by the board of directors of all stockholders, or members of a class of stockholders, subject to assessment.
(4) In the case of the approval of a plan of assessment, or
the examination of the administration of an ongoing plan of
assessment, in which assessable stock is held by a financial
institution that is also regulated by the department, the
department may condition its approval of the implementation
or continued administration of a plan of assessment as to the
affected financial institution on whether the safety and
soundness of such financial institution is or may become
unimpaired, or on whether an assessment of such financial
institution has not or will not result, in a material adverse
affect on the classification of such financial institution, or its
lending or investment portfolio. The authority of the department pursuant to this subsection shall be in addition to all
other authority of the department under this chapter or any
other applicable law, and notwithstanding any other law to
the contrary. [2006 c 87 § 7.]
31.24.070 Powers of stockholders—Voting rights—
Proxy voting—Plan of assessment—Dividends—Rules.
(1) The stockholders of the business development company
have the following powers:
(a) To determine the number of and elect directors as
provided in RCW 31.24.090;
(b) To make, amend, and repeal bylaws;
(c) To amend the articles of incorporation as provided in
RCW 31.24.080;
(d) To dissolve the company as provided in RCW
31.24.150;
(e) To do all things necessary or desirable to secure aid,
assistance, loans, and other financing from any financial
institutions, and from any agency established under federal
laws;
(f) To exercise such other powers consistent with this
chapter as may be conferred on the stockholders by the
bylaws.
(2) As to all matters requiring action by the stockholders
of the business development company, the stockholders shall
vote, and, except as otherwise provided, such matters shall
require the affirmative vote of a majority of the votes to
which the stockholders present or represented at the meeting
shall be entitled.
(3) Each stockholder shall have one vote, in person or by
proxy, for each share of capital stock held.
(4) The capital stock of stockholders of a business development company is nonassessable, unless authorized by the
department pursuant to a plan of assessment which has been
approved by the director as provided for in RCW 31.24.066.
(5) Except as permitted by a plan of assessment providing for a class of assessable stock pursuant to RCW
31.24.070
[Title 31 RCW—page 33]
31.24.073
Title 31 RCW: Miscellaneous Loan Agencies
31.24.066 or as may otherwise be established by rule, all
stock is a single class of voting common stock.
(6) The director may, subject to examination authority,
determine that a policy of declaring dividends for stockholders by a particular business development company constitutes
an unsafe and unsound practice as to such business development company. If the practice is determined to be unsafe and
unsound, the director may instruct such a business development company to cease and desist the declaration and grant of
such dividends.
(7) The department may, at the option of the director,
adopt rules, consistent with principles of safety and soundness, that, while not prohibiting dividends to stockholders in
general, may limit the amount of such dividends and the time
and manner of declaring them. [2006 c 87 § 8; 1963 c 162 §
7.]
31.24.073 Aggregate limit on loans and investments—Single borrower or business. Unless part of an initial or amended business plan approved by the director, or as
may otherwise be provided by rule adopted pursuant to RCW
31.24.120(3), the aggregate limit of qualified loans, qualified
investment, and partial funding of qualified participation
loans by a business development company to a single borrower or business, in relation to a business development
project, shall not exceed twenty-five percent of the combined
capital, surplus, and undivided profits of the business development company. [2006 c 87 § 9.]
31.24.073
31.24.075 Insider transactions. (1) A business development company may not be a party to, nor engage in, an
insider transaction, unless such an insider transaction is
approved or ratified by its board of directors, exclusive of the
vote of any interested director.
(2) Any insider transaction is subject to the examination
and enforcement authority of the department under this chapter. [2006 c 87 § 10.]
31.24.075
31.24.080 Amendment of articles of incorporation—
Director’s approval—Filing. (1) The articles of incorporation of a business development company may be amended by
the affirmative vote of two-thirds of the votes to which the
stockholders are entitled, subject to the written approval of
the director.
(2) Within thirty days after an amendment of the articles
of incorporation has been adopted and approved by the director, the articles of amendment shall be filed in the office of
the secretary of state by the director. An amendment shall not
take effect until it has been so filed. [2006 c 87 § 11; 1994 c
92 § 235; 1963 c 162 § 8.]
31.24.080
(2) The board of directors shall consist of such number,
not less than five nor more than nine, as shall be determined
in the first instance by the incorporators and thereafter annually by the stockholders of the business development company. The board of directors:
(a) May exercise all the powers of the business development company, except those conferred upon the stockholders
by law or by the bylaws of the business development company; and
(b) Shall choose and appoint all the agents and officers
of the business development company and fill all vacancies
except vacancies in the office of director which shall be filled
as provided in subsections (3) and (4) of this section.
(3) The board of directors shall be elected in the first
instance by the incorporators and thereafter at the annual
meeting, the day and month of which shall be established by
the bylaws, or, if no annual meeting shall be held in the year
of incorporation, then within ninety days after the approval of
the articles of incorporation at a special meeting as provided
in subsection (4) of this section.
(4) At each annual meeting, or at each special meeting
held as provided in subsection (3) of this section, the stockholders of a business development company shall elect all of
the board of directors. The directors shall hold office until
the next annual meeting of the business development company, or special meeting. The authority of the directors commences immediately after the election and continues until
their successors are elected and qualified, unless sooner
removed in accordance with the provisions of the bylaws.
Any vacancy in the office of a director shall be filled by the
remaining directors at a regular meeting or special meeting
called for that purpose. The director appointed to fill such
vacancy shall serve until the next annual meeting, resignation, or removal according to law.
(5) Directors and officers shall not be responsible for
losses unless the same shall have been occasioned by the
gross negligence or willful misconduct of such directors and
officers.
(6) The board of directors shall conduct regular meetings
at least every quarter and may hold special meetings as called
for pursuant to the bylaws.
(7) Unless otherwise restricted by the articles of incorporation or bylaws, members of the board of directors of a business development company or any committee designated by
the board of directors may participate in a meeting of such
board or committee by means of a conference telephone or
similar communications equipment, in which all persons participating in the meeting can hear each other at the same time.
Participation by such means shall constitute presence, in person, at a meeting. [2006 c 87 § 12; 1974 ex.s. c 16 § 3; 1963
c 162 § 9.]
31.24.100 Minimum capital, surplus, undivided profits, and net earnings. (1) A business development company
shall maintain an amount of minimum capital, surplus, and
undivided profits that, based upon the determination of the
director, shall be deemed safe and sound for each business
development company. However, the minimum ratio of
paid-in capital to total assets, inclusive of all qualified loans
and qualified investments, shall be and remain no less than
eight percent.
31.24.100
31.24.090 Board of directors—Officers and agents—
Powers—Election—Meetings. (1) The business and affairs
of a business development company shall be managed and
conducted by a board of directors, a president, a secretary, a
treasurer, and such other officers and such agents as the company by its bylaws shall authorize. A single authorized individual may jointly hold the offices of secretary and treasurer.
The president and the treasurer may not be the same person.
31.24.090
[Title 31 RCW—page 34]
(2008 Ed.)
Industrial Development Corporations
(2) Subject to subsection (1) of this section, minimum
capital, surplus, undivided profits, and net earnings shall be
determined by the board of directors, subject to the exercise
of prudent business judgment. [2006 c 87 § 13; 1963 c 162 §
10.]
31.24.110 No receipt of money on deposit. A business
development company shall not receive money on deposit.
[2006 c 87 § 14; 1963 c 162 § 11.]
31.24.110
31.24.120 Examinations by director of financial institutions—Reports—Authority of director. (1) The director
shall exercise the same power and authority over business
development companies organized under this chapter as exercised over banks and trust companies under Title 30 RCW, to
the extent Title 30 RCW does not conflict with this chapter.
(2) A business development company shall be examined
at least once every twenty-four months by the director and
shall make reports of its condition not less than annually to
the director, and more frequently in the discretion of the
director. The business development company shall pay the
actual cost of the examinations.
(3) To assure the safety and soundness of business development companies and to fulfill the purposes of this chapter,
the director may, by examination, rule, and interpretation,
establish and enforce safety and soundness and examination
standards, for all operations and activities of and related to
business development companies. [2006 c 87 § 15; 1994 c 92
§ 236; 1963 c 162 § 12.]
31.24.120
31.24.190
stockholders to dissolve the business development company
as provided in RCW 31.24.150. [2006 c 87 § 17; 1963 c 162
§ 14.]
31.24.150 Dissolution—Method—Distribution of
assets. A business development company, upon the affirmative vote of two-thirds of the votes of the stockholders entitled to vote their shares, shall dissolve the business development company as provided by Title 23B RCW, to the extent
that Title 23B RCW is not in conflict with this chapter. Upon
dissolution of the business development company, none of
the business development company’s assets shall be distributed to the stockholders until all sums due the creditors
thereof have been paid in full. [2006 c 87 § 18; 1991 c 72 §
50; 1983 c 3 § 52; 1963 c 162 § 15.]
31.24.150
31.24.160 Credit of state not pledged. Under no circumstances shall the credit of the state of Washington be
pledged to any corporation organized under the provisions of
this chapter. [1963 c 162 § 16.]
31.24.160
31.24.170 Business development companies designated state development companies. Any business development company organized under this chapter shall be a state
development company, as authorized under Title V of the
small business investment act of 1958, Public Law 85-699,
15 U.S.C. Sec. 695, as amended, or any other similar federal
legislation. [2006 c 87 § 19; 1963 c 162 § 17.]
31.24.170
31.24.190 Formation of historic business development company for purpose of preservation of historic
buildings, areas, or neighborhoods. (1) In addition to the
purposes specified in RCW 31.24.020 a historic business
development company may be formed for one or more of the
following purposes:
(a) To encourage and stimulate the preservation of historic buildings or historic commercial areas or neighborhoods
by returning them to economically productive uses which are
compatible with or enhance the historic character of such
buildings, commercial areas, or neighborhoods;
(b) To stimulate and assist in the development of business or other activities which have an impact upon the preservation of historic buildings, commercial areas, or neighborhoods;
(c) To cooperate and act in conjunction with other organizations, public or private, in the promotion and advancement of historical preservation activities; and
(d) To provide financing through loans, investments of
other business transactions for the promotion, development,
and conduct of all kinds of business activity that encourages
or relates to historic preservation.
(2) A historic business development company shall not
engage in the broad economic and business promotion activities permitted by a general business development company.
(3) A general business development company may, in
addition to all other activities permitted by this chapter,
engage in those activities specifically permitted of a historic
business development company organized under subsection
(1) of this section. [2006 c 87 § 20; 1973 1st ex.s. c 90 § 2.]
31.24.190
31.24.130 First meeting—Notice—Duties of incorporators. (1) The first meeting of a business development company shall be called by a notice signed by three or more of the
incorporators, stating the time, place, and purpose of the
meeting, a copy of which notice shall be mailed, or delivered,
to each incorporator at least five days before the day
appointed for the meeting. The first meeting may be held
without such notice upon agreement in writing to that effect
signed by all the incorporators. A copy of the notice or unanimous agreement of the incorporators shall be recorded in the
minutes of the first meeting.
(2) At the first meeting, the incorporators shall, consistent with Title 23B RCW:
(a) Choose a temporary recording secretary;
(b) Adopt bylaws;
(c) Elect directors; and
(d) Engage in other business within the powers of the
business development company as the incorporators present
may see fit.
(3) Upon being sworn in at the first meeting, the temporary recording secretary shall make and attest a record of the
proceedings.
(4) At least five of the incorporators shall constitute a
quorum for the transaction of business at a first meeting.
[2006 c 87 § 16; 1963 c 162 § 13.]
31.24.130
31.24.140 Duration of business development company. Unless otherwise provided in the articles of incorporation, the period of duration of a business development company shall be perpetual, subject, however, to the right of the
31.24.140
(2008 Ed.)
[Title 31 RCW—page 35]
31.24.200
Title 31 RCW: Miscellaneous Loan Agencies
31.24.200 Insolvency and liquidation—Chapter
30.44 RCW. Chapter 30.44 RCW applies to the insolvency
and liquidation of a business development company organized under this chapter. [2006 c 87 § 21.]
31.24.200
31.24.205 Supervisory direction and conservatorship. The director has the same power and authority to exercise supervisory direction and conservatorship of, and to
issue cease and desist orders upon, a business development
company organized under this chapter, as the director has in
regard to a bank under Title 30 RCW. [2006 c 87 § 22.]
31.24.205
31.24.210 Mergers or consolidations—Application—
Approval. (1) Subject to written approval of the director,
one or more general business development companies may
merge into or consolidate with each other consistent with
chapter 30.49 RCW.
(2) Upon ninety days advance application to and written
approval of the director, a historic business development
company may convert its charter to that of a general business
development company. An application for conversion shall
contain a cover letter requesting conversion, the proposed
articles of amendments and bylaws amendments, a modified
business plan, and other relevant information in form and
substance similar to the requirements of a de novo application for a general business development company as provided
in RCW 31.24.020. In making a determination of whether to
approve or deny such a conversion, the director shall consider:
(a) The historic performance and safety and soundness of
the historic business development company;
(b) Whether the conversion to a general business development company will have a likelihood of continuing to fulfill the purposes of this chapter;
(c) Whether the applicant will have a likelihood of
remaining safe and sound as a general business development
company and pursuant to its proposed modified business
plan; and
(d) Whether the proposed conversion would serve, or
otherwise not detract from, the needs and convenience of the
community served by the business development company.
[2006 c 87 § 23.]
31.24.210
31.24.215 Conversion of development credit corporation—Application—Approval—Filing of articles—
Certificate of authority. (1) Notwithstanding any other provision of this chapter, a development credit corporation created under chapter 31.20 RCW, or any other company incorporated under Title 23B RCW, may convert to a business
development company by filing an application with the
department and receiving written approval of the director
within ninety days of the date the application is received.
(2) In addition to all other requirements of a business
development company pursuant to this chapter, the director
shall not approve an application for conversion of a development credit corporation unless:
(a) A minimum of three stockholders of such corporation
are financial institutions;
(b) The majority of outstanding shares of common stock
of such corporation are held by financial institutions;
31.24.215
[Title 31 RCW—page 36]
(c) The articles of incorporation of such a corporation are
amended to conform to the requirements of RCW 31.24.020;
(d) The bylaws of such a corporation are amended to
conform to the requirements of this chapter;
(e) The business plan of the corporation is consistent
with the requirements of this chapter and has been approved
by the director; and
(f) The corporation otherwise satisfies the director that
all other requirements of a business development company
under this chapter have been met. However, such a corporation is not required to have had a minimum of five incorporators at the time it originally was incorporated with the secretary of state, as provided for in RCW 31.24.020(1).
(3) Upon approval by the director of the corporation’s
application for conversion, the amended articles of incorporation, as approved by the director, shall be filed by the director with the secretary of state in the same manner provided
for the filing of initial articles of incorporation under RCW
31.24.023. Such corporation shall not commence operation
as a business development company until the director has
issued such corporation a certificate of authority to conduct
business as a business development company. [2006 c 87 §
24.]
31.24.220 Confidentiality and disclosure—Examinations. The existing privileges, immunities, and requirements
of confidentiality and disclosure with respect to examination
records and information obtained by the director in conducting examinations, which are applicable to banks, as set forth
in RCW 30.04.075, apply to examination records and information obtained by the director in conducting examinations
of business development companies organized under this
chapter. [2006 c 87 § 25.]
31.24.220
31.24.225 Business as a limited liability company.
Notwithstanding any other provision of this chapter, a business development company organized under this chapter may
be chartered as a limited liability company, or may convert to
doing business as a limited liability company, to the same
extent and subject to the same terms and conditions as permitted for a bank organized under Title 30 RCW, including,
without limitation, requirements related to director approval,
operational matters, corporate governance, and restrictions
on complete dissociation. However:
(1) The rights of stockholders, as defined in this chapter,
supersede the provisions of Title 30 RCW to the contrary;
and
(2) The limited liability company agreement, or other
governing charter document of the limited liability company,
must contain the same or substantially similar recitals as
required in RCW 31.24.020 with respect to business purpose,
organizational authority, board of directors, management,
and limitations on liability of directors and officers. [2006 c
87 § 26.]
31.24.225
31.24.230 Simultaneous applications—Business
development company and nondepository lender of certain loans—Procedure—Fees. (1) An applicant may apply
simultaneously for both a business development company
charter, under this chapter, and for a license as a nondeposi31.24.230
(2008 Ed.)
Agricultural Lenders—Loan Guaranty Program
tory lender of federally guaranteed small business loans,
under chapter 31.40 RCW.
(2) An applicant may apply simultaneously for both a
business development company charter, under this chapter,
and for a license as a nondepository lender of guaranteed
agricultural loans, under chapter 31.35 RCW.
(3) Notwithstanding any provisions of this chapter or
chapter 31.35 or 31.40 RCW, applications presented to the
director as set forth in subsections (1) and (2) of this section
shall be considered and evaluated by the director as one
application, and an applicant:
(a) If granted a business development company charter
based on a joint application as provided in subsections (1)
and (2) of this section, shall pay fees and charges only as
required by this chapter and be subject to joint and simultaneous application review and periodic examination; and
(b) If denied a business development company charter
when having made a joint application as provided in subsections (1) and (2) of this section, shall pay fees and charges
only as required by this chapter.
(4) An existing business development company organized under this chapter may apply for either a license, under
chapter 31.35 RCW, or a license, under chapter 31.40 RCW,
or both; and, if granted, the business development company,
as a dual licensee, shall then pay fees and charges only as
required by this chapter and be subject to joint and simultaneous application review and periodic examination. [2006 c
87 § 27.]
31.24.235 Rule making. The director has broad administrative authority and discretion to adopt rules to carry out
the purposes of this chapter. [2006 c 87 § 31.]
31.24.235
31.24.900 Severability—1963 c 162. The provisions of
this chapter are severable, and if any of its provisions shall be
held unconstitutional by any court of competent jurisdiction,
the decision of such court shall not affect or impair any of the
remaining provisions. [1963 c 162 § 19.]
31.24.900
31.24.901 Short title. This chapter shall be known and
may be cited as the "business development company act."
[2006 c 87 § 32.]
31.24.901
Chapter 31.35
Chapter 31.35 RCW
AGRICULTURAL LENDERS—
LOAN GUARANTY PROGRAM
Sections
31.35.010
31.35.020
31.35.030
31.35.040
31.35.050
31.35.060
31.35.070
31.35.080
31.35.090
31.35.100
31.35.105
31.35.900
Findings—Intent.
Definitions.
Administration—Rules—Duties of director.
Participation by agricultural lender—Powers and privileges.
Costs of supervision—Fees.
Responsibility of agricultural lender—Recordkeeping—Loan
loss reserve.
Examination of agricultural lender.
Enforcement—Responsibility of director—Penalty.
Enforcement—Court order.
Notice—Investments not insured.
Application of RCW 31.24.230.
Severability—Administrative review—1990 c 134.
Department of financial institutions: Chapter 43.320 RCW.
(2008 Ed.)
31.35.030
31.35.010 Findings—Intent. The legislature finds and
declares that nondepository agricultural lenders can enhance
their access to working capital for the purpose of financing
agricultural borrowers by using the United States farmers
home administration loan guaranty program. The farmers
home administration loan guaranty program provides financing to agricultural borrowers needing working capital and
longer term financing for the purchase of real estate, agricultural production expenses, debt refinancing, equipment, and
the purchase of other fixed assets. Loans can be made to agricultural borrowers by nondepository lenders and guaranteed
by the farmers home administration only if the state provides
an ongoing opportunity for examination of such entities to
confirm good lending practices and solvency.
It is the intent of the legislature to empower the director
of financial institutions to examine nondepository agricultural lenders for the purpose of allowing such lenders to qualify for participation in the farmers home administration loan
guaranty program. [1994 c 92 § 251; 1990 c 134 § 1.]
31.35.010
31.35.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Agricultural lender" means a Washington corporation incorporated under Title 23B or 24 RCW and qualified
as such under this chapter and the jurisdiction of the federal
government agency sponsoring the loan guaranty program.
(2) "Director" means the director of financial institutions.
(3) "Loan guaranty program" means the farmers home
administration loan guaranty program, or any other government program for which the agricultural lender is eligible and
which has as its function the provision, facilitation, or financing of agricultural business operations. [1994 c 92 § 252;
1990 c 134 § 2.]
31.35.020
31.35.030 Administration—Rules—Duties of director. (1) The director shall administer this chapter. The director may issue orders and adopt rules that, in the opinion of the
director, are necessary to execute, enforce, and effectuate the
purposes of this chapter. Rules to enforce the provisions of
this chapter shall be adopted under the administrative procedure act, chapter 34.05 RCW.
(2) An application filed with the director under this chapter shall be in such form and contain such information as
required by the director by rule and be consistent with the
requirements of the loan guaranty program.
(3) After the director is satisfied that the applicant has
satisfied all the conditions necessary for approval, the director shall issue a license to the applicant authorizing it to be an
agricultural lender under this chapter.
(4) Any change of control of an agricultural lender shall
be subject to the approval of the director. Such approval shall
be subject to the same criteria as the criteria for approval of
the original license. For purposes of this subsection, "change
of control" means directly or indirectly, alone or in concert
with others, to own, control, or hold the power to vote ten
percent or more of the outstanding voting stock of an agricultural lender or the power to elect or control the election of a
majority of the board of directors of an agricultural lender.
31.35.030
[Title 31 RCW—page 37]
31.35.040
Title 31 RCW: Miscellaneous Loan Agencies
(5) The director may deny, suspend, or revoke a license
if the agricultural lender violates any provision of this chapter
or any rules promulgated pursuant to this chapter. [1994 c 92
§ 253; 1990 c 134 § 3.]
31.35.040 Participation by agricultural lender—
Powers and privileges. (1) An agricultural lender may participate in a loan guaranty program. If an agricultural lender
participates in a loan guaranty program, the agricultural
lender shall comply with the requirements of that program.
(2) An agricultural lender may be incorporated under
either the Washington business corporation act, Title 23B
RCW, or the Washington nonprofit corporation act, Title 24
RCW. In addition to the powers and privileges provided to an
agricultural lender by this chapter, an agricultural lender has
all the powers and privileges conferred by its incorporating
statute that are not inconsistent with or limited by this chapter. [1990 c 134 § 4.]
31.35.040
31.35.050 Costs of supervision—Fees. (1) The director is authorized to charge a fee for the estimated direct and
indirect costs for examination and supervision by the director
of an agricultural lender or a subsidiary of an agricultural
lender. Excess examiner time shall be billed at a reasonable
rate established by rule.
(2) All such fees shall be deposited in the financial services regulation fund and administered consistent with the
provisions of RCW 43.320.110. [2001 c 177 § 7; 1994 c 92
§ 254; 1990 c 134 § 5.]
31.35.050
Effective date—2001 c 177: See note following RCW 43.320.080.
31.35.060 Responsibility of agricultural lender—
Recordkeeping—Loan loss reserve. (1) An agricultural
lender shall keep books, accounts, and other records in such
form and manner as required by the director. These records
shall be kept at such place and shall be preserved for such
length of time as specified by the director by rule.
(2) Not more than ninety days after the close of each calendar year, or within a period specified by the director, an
agricultural lender shall file with the director a report containing the following:
(a) Financial statements, including the balance sheet, the
statement of income or loss, the statement of changes in capital accounts, and the statement of changes in financial position; and
(b) Other information that the director may require.
(3) Each agricultural lender shall provide for a loan loss
reserve sufficient to cover projected loan losses that are not
guaranteed by the United States government or any agency
thereof. [1994 c 92 § 255; 1990 c 134 § 6.]
31.35.060
31.35.070 Examination of agricultural lender. (1)
The director shall visit each agricultural lender at least every
twenty-four months for the purpose of assuring that the agricultural lender remains in compliance with and qualified for
the loan guaranty program.
(a) The director may accept timely audited financial
statements and other timely reports the director determines to
be relevant and accurate as part of a full and complete examination of the agricultural lender. The director shall make an
31.35.070
[Title 31 RCW—page 38]
independent review of loans guaranteed by the loan guaranty
program.
(b) The agricultural lender shall be exempt from examination under this subsection if it terminates its activities
under the loan guaranty program and no loans guaranteed by
the loan guaranty program remain on the books. This exemption becomes effective upon notification to the director. The
director shall confirm termination of activities under the loan
guaranty program with the appropriate federal agency.
(c) All examination reports and all information obtained
by the director and the director’s staff in conducting examinations of an agricultural lender are confidential to the same
extent bank examinations are confidential under RCW
30.04.075.
(d) All examination reports may be shared with other
state or federal agencies consistent with chapter 30.04 RCW.
(2) A director, officer, or employee of an agricultural
lender or of a subsidiary of an agricultural lender being examined by the director or a person having custody of any of the
books, accounts, or records of the agricultural lender or of the
subsidiary shall facilitate the examination so far as it is in his
or her power to do so.
(3) If in the opinion of the director it is necessary in the
examination of an agricultural lender or of a subsidiary of an
agricultural lender, the director may retain any certified public accountant, attorney, appraiser, or other person to assist
the director. The agricultural lender being examined shall pay
the fees of a person retained by the director under this subsection. [1994 c 92 § 256; 1990 c 134 § 7.]
31.35.080 Enforcement—Responsibility of director—Penalty. (1) The director shall adopt rules to enforce
the intent and purposes of this chapter. Such rules shall
include, but not be limited to, the following:
(a) Disclosure of conflicts of interest;
(b) Prohibition of false statements made to the director
on any form required by the director or during any examination; or
(c) Prevention of fraud and undue influence within an
agricultural lender.
(2) A violation of any provision of this chapter or any
rule of the director adopted under this chapter by an agent,
employee, officer, or director of the agricultural lender shall
be punishable by a fine, established by the director, not to
exceed one hundred dollars for each offense. Each day’s continuance of the violation shall be a separate and distinct
offense. All fines shall be credited to the financial services
regulation fund.
(3) The director may issue and serve upon an agricultural
lender a notice of charges if, in the opinion of the director, the
agricultural lender is violating or has violated the law, rule, or
any condition imposed in writing by the director or any written agreement made by the director.
(a) The notice shall contain a statement of the facts constituting the alleged violation or practice and shall fix a time
and place at which a hearing will be held to determine
whether an order to cease and desist should issue against the
agricultural lender. The hearing shall be set not earlier than
ten days nor later than thirty days after service of the notice
unless a later date is set by the director at the request of the
agricultural lender.
31.35.080
(2008 Ed.)
Federally Guaranteed Small Business Loans
Unless the agricultural lender appears at the hearing by a
duly authorized representative, it shall be deemed to have
consented to the issuance of the cease and desist order. In the
event of consent or if, upon the record made at the hearing,
the director finds that any violation or practice specified in
the notice of charges has been established, the director may
issue and serve upon the agricultural lender an order to cease
and desist from the violation or practice. The order may
require the agricultural lender and its directors, officers,
employees, and agents to cease and desist from the violation
or practice and may require the agricultural lender to take
affirmative action to correct the conditions resulting from the
violation or practice.
(b) A cease and desist order shall become effective at the
expiration of ten days after the service of the order upon the
agricultural lender concerned, except that a cease and desist
order issued upon consent shall become effective at the time
specified in the order and shall remain effective as provided
in the order unless it is stayed, modified, terminated, or set
aside by action of the director or a reviewing court. [2001 c
177 § 8; 1994 c 92 § 257; 1990 c 134 § 8.]
Effective date—2001 c 177: See note following RCW 43.320.080.
31.35.090
31.35.090 Enforcement—Court order. If, in the opinion of the director, an agricultural lender violates or there is
reasonable cause to believe that an agricultural lender is
about to violate any provision of this chapter or any rule
adopted under this chapter, the director may bring an action
in the appropriate court to enjoin the violation or to enforce
compliance. Upon a proper showing, a restraining order, or
preliminary or permanent injunction, shall be granted, and a
receiver or a conservator may be appointed for the agricultural lender or the agricultural lender’s assets. [1994 c 92 §
258; 1990 c 134 § 9.]
31.35.100
31.35.100 Notice—Investments not insured. All agricultural lenders shall notify their members at the time of
membership and annually thereafter that their investment in
the agricultural lender, although regulated by the director, is
not insured, guaranteed, or protected by any federal or state
agency. [1994 c 92 § 259; 1990 c 134 § 10.]
Chapter 31.40
31.40.030
Chapter 31.40 RCW
FEDERALLY GUARANTEED
SMALL BUSINESS LOANS
Sections
31.40.010
31.40.020
31.40.030
31.40.040
31.40.050
31.40.060
31.40.070
31.40.080
31.40.090
31.40.100
31.40.110
31.40.120
31.40.130
31.40.135
31.40.900
Intent.
Definitions.
Director—Powers and duties.
Licensee—Powers and duties.
License approval.
Prohibited loans—Exception.
Fees.
Records—Reports—Loan loss reserve.
Examination of licensees.
Application denial.
Rules—Penalties.
Injunction.
Penalty—License impairment.
Application of RCW 31.24.230.
Severability—1989 c 212.
31.40.010 Intent. The legislature finds and declares
that small and moderate-size companies can enhance their
access to working capital and to capital for acquiring and
equipping commercial and industrial facilities by using the
United States small business administration national small
business loan program known as the 7(a) loan guaranty program. The 7(a) loan guaranty program provides financing to
small firms needing working capital and longer term financing for equipment and other fixed assets. Such loans can be
made to small businesses by nondepository lenders and guaranteed by the small business administration only if the state
provides for the on-going regulation and examination of such
entities.
It is the intent of the legislature that the director of financial institutions [license], regulate, and subject to on-going
examination, nondepository lenders for the purpose of allowing such lenders to participate in the small business administration’s 7(a) loan guaranty program. [1994 c 92 § 261; 1989
c 212 § 1.]
31.40.010
31.40.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Licensee" means a Washington corporation licensed
under the terms of this chapter.
(2) "Director" means the director of financial institutions. [1994 c 92 § 262; 1989 c 212 § 2.]
31.40.020
31.40.030 Director—Powers and duties. (1) The
director shall administer this chapter. The director may issue
orders and adopt rules that, in the opinion of the director, are
necessary to execute, enforce, and effectuate the purposes of
this chapter. Rules to enforce the provisions of this chapter
shall be adopted under the administrative procedure act,
chapter 34.05 RCW.
(2) Whenever the director issues an order or a license
under this chapter, the director may impose conditions that
are necessary, in the opinion of the director, to carry out the
purposes of this chapter.
(3) An application filed with the director under this chapter shall be in such a form and contain such information as the
director may require.
(4) Any change of control of a licensee shall be subject
to the approval of the director. Such approval shall be subject
31.40.030
31.35.105
31.35.105 Application of RCW 31.24.230. RCW
31.24.230 (2) through (4) supersede any contrary provision
of this chapter. [2006 c 87 § 28.]
31.35.900
31.35.900 Severability—Administrative review—
1990 c 134. If any provision of this act or its application to
any person or circumstance is held invalid or, if in the written
opinion of the farmers home administration, is contrary to the
intent and purposes of the loan guaranty program, the director
shall not enforce such provision, but the remainder of the act
or the application of the provision to other persons or circumstances shall not be affected. [1994 c 92 § 260; 1990 c 134 §
11.]
(2008 Ed.)
[Title 31 RCW—page 39]
31.40.040
Title 31 RCW: Miscellaneous Loan Agencies
to the same criteria as the criteria for approval of the original
license. For purposes of this subsection, "change of control"
means directly or indirectly, alone or in concert with others,
to own, control, or hold the power to vote ten percent or more
of the outstanding voting stock of a licensee or the power to
elect or control the election of a majority of the board of
directors of the licensee. [1994 c 92 § 263; 1989 c 212 § 3.]
31.40.040 Licensee—Powers and duties. (1) A licensee may participate in the 7(a) loan guaranty program of
the small business administration pursuant to section 7(a) of
the federal small business investment act of 1958, 15 U.S.C.
Sec. 636(a), or any other government program for which the
licensee is eligible and which has as its function the provision
or facilitation of financing or management assistance to business firms. If a licensee participates in a program referred to
in this section, the licensee shall comply with the requirements of that program.
(2) A licensee may be incorporated under either the
Washington business corporation act or the Washington nonprofit corporation act. In addition to the powers and privileges provided to a licensee by this chapter, a licensee has all
the powers and privileges conferred by its incorporating statute which are not inconsistent with or limited by this chapter.
[1989 c 212 § 4.]
31.40.040
31.40.050 License approval. After a review of information regarding the directors, officers, and controlling persons of the applicant for a license, a review of the applicant’s
business plan, including at least three years of detailed financial projections and other relevant information, and a review
of such additional information as is considered relevant by
the director, the director shall approve an application for a
license if, and only if, the director determines that:
(1) The applicant is capitalized in an amount that is not
less than five hundred thousand dollars and that such sum is
adequate for the applicant to transact business as a nondepository 7(a) lender and that in evaluating the capital position of
the applicant the director may consider and include the net
worth of any corporate shareholder of the applicant corporation if the shareholder guarantees the liabilities of the applicant: PROVIDED, That such corporate shareholder be subject to the reporting requirements of RCW 31.40.080;
(2) Each director, officer, and controlling person of the
applicant is of good character and sound financial standing;
that the directors and officers of the applicant are competent
to perform their functions with respect to the applicant; and
that the directors and officers of the applicant are collectively
adequate to manage the business of the applicant as a nondepository 7(a) lender;
(3) The business plan of the applicant will be honestly
and efficiently conducted in accordance with the intent and
purposes of this chapter; and
(4) The proposed activity possesses a reasonable prospect for success. [1994 c 92 § 264; 1989 c 212 § 5.]
31.40.050
31.40.060 Prohibited loans—Exception. (1) Either by
itself or in concert with a director, officer, principal shareholder, or affiliate, or with another licensee, a licensee shall
not hold control of a business firm to which it has made a loan
31.40.060
[Title 31 RCW—page 40]
under section 7(a) of the federal small business investment
act of 1958, 15 U.S.C. Sec. 636(a), except that, to the extent
necessary to protect the licensee’s interest as creditor of the
business firm, a licensee that provides financing assistance to
a business firm may acquire and hold control of that business
firm. Unless the director approves a longer period, a licensee
holding control of a business firm under this section shall
divest itself of the interest which constitutes holding control
as soon as practicable or within five years after acquiring that
interest, whichever is sooner.
(2) For the purposes of subsection (1) of this section,
"hold control" means alone or in concert with others:
(a) Ownership, directly or indirectly, of record or beneficially, of voting securities greater than:
(i) For a business firm with outstanding voting securities
held by fewer than fifty shareholders, forty percent of the outstanding voting securities;
(ii) For a business firm with outstanding voting securities
held by fifty or more shareholders, twenty-five percent of the
outstanding voting securities;
(b) Being able to elect or control the election of a majority of the board of directors. [1994 c 92 § 265; 1989 c 212 §
6.]
31.40.070 Fees. (1) The director is authorized to charge
a fee for the estimated direct and indirect costs of the following:
(a) An application for a license and the investigation
thereof;
(b) An application for approval to acquire control of a
licensee and the investigation thereof;
(c) An application for approval for a licensee to merge
with another corporation, an application for approval for a
licensee to purchase all or substantially all of the business of
another person, or an application for approval for a licensee
to sell all or substantially all of its business or of the business
of any of its offices to another licensee and the investigation
thereof;
(d) An annual license;
(e) An examination by the director of a licensee or a subsidiary of a licensee. Excess examiner time shall be billed at
a reasonable rate established by rule.
(2) A fee for filing an application with the director shall
be paid at the time the application is filed with the director.
(3) All such fees shall be deposited in the financial services regulation fund and administered consistent with the
provisions of RCW 43.320.110. [2001 c 177 § 9; 1994 c 92
§ 266; 1989 c 212 § 7.]
31.40.070
Effective date—2001 c 177: See note following RCW 43.320.080.
Construction—1989 c 212 § 7: "Nothing in section 7 of this act shall
be construed to prevent repayment to the general fund of the twenty-five
thousand dollar start-up appropriation set forth in section 15 of this act."
[1989 c 212 § 14.]
31.40.080 Records—Reports—Loan loss reserve. (1)
A licensee shall keep books, accounts, and other records in
such a form and manner as the director may require. These
records shall be kept at such a place and shall be preserved for
such a length of time as the director may specify.
(2) Not more than ninety days after the close of each calendar year or within a period specified by the director, a lic31.40.080
(2008 Ed.)
Check Cashers and Sellers
ensee shall file with the director a report containing the following:
(a) Financial statements, including the balance sheet, the
statement of income or loss, the statement of changes in capital accounts and the statement of changes in financial position; and
(b) Other information that the director may require.
(3) Each licensee shall provide for a loan loss reserve
sufficient to cover projected loan losses which are not guaranteed by the United States government or any agency
thereof. [1994 c 92 § 267; 1989 c 212 § 8.]
31.40.090 Examination of licensees. (1) The director
shall examine each licensee not less than once every twentyfour months.
(2) The director may with or without notice and at any
time during regular business hours examine a licensee or a
subsidiary of a licensee.
(3) A director, officer, or employee of a licensee or of a
subsidiary of a licensee being examined by the director or a
person having custody of any of the books, accounts, or
records of the licensee or of the subsidiary shall otherwise
facilitate the examination so far as it is in his or her power to
do so.
(4) If in the director’s opinion it is necessary in the examination of a licensee, or of a subsidiary of a licensee, the
director may retain any certified public accountant, attorney,
appraiser, or other person to assist the director. The licensee
being examined shall pay the fees of a person retained by the
director under this subsection. [2006 c 87 § 30; 1994 c 92 §
268; 1989 c 212 § 9.]
31.40.090
31.40.100 Application denial. If the director denies an
application, the director shall provide the applicant with a
written statement explaining the basis for the denial. [1994 c
92 § 269; 1989 c 212 § 10.]
31.40.100
31.40.110 Rules—Penalties. (1) The director shall
adopt rules to enforce the intent and purposes of this chapter.
Such rules shall include, but need not be limited to, the following:
(a) Disclosure of conflicts of interest;
(b) Prohibition of false statements made to the director
on any form required by the director or during any examination requested by the director; or
(c) Prevention of fraud and undue influence by a licensee.
(2) A violation of any provision of this chapter or any
rule of the director adopted under this chapter by an agent,
employee, officer, or director of the licensee shall be punishable by a fine, established by the director, not to exceed one
hundred dollars for each offense. Each day’s continuance of
the violation shall be a separate and distinct offense. Each
such fine shall be credited to the financial services regulation
fund. [2001 c 177 § 10; 1994 c 92 § 270; 1989 c 212 § 11.]
rule adopted under this chapter, the director may bring an
action in the appropriate court to enjoin the violation or to
enforce compliance. Upon a proper showing, a restraining
order, preliminary or permanent injunction, shall be granted,
and a receiver or a conservator may be appointed for the
defendant or the defendant’s assets. [1994 c 92 § 271; 1989
c 212 § 12.]
31.40.130 Penalty—License impairment. The director may deny, suspend, or revoke a license if the applicant or
holder violates any provision of this chapter or any rules promulgated pursuant to this chapter. [1994 c 92 § 272; 1989 c
212 § 13.]
31.40.130
31.40.135 Application of RCW 31.24.230. RCW
31.24.230 (1), (3), and (4) supersede any contrary provision
of this chapter. [2006 c 87 § 29.]
31.40.135
31.40.900 Severability—1989 c 212. If any provision
of this act or its application to any person or circumstance is
held invalid or, if in the written opinion of the small business
administration, is contrary to the intent and purposes of the
7(a) loan guaranty program, the director shall not enforce
such provision but the remainder of the act or the application
of the provision to other persons or circumstances shall not be
affected. [1994 c 92 § 273; 1989 c 212 § 16.]
31.40.900
Chapter 31.45
31.40.120 Injunction. If, in the opinion of the director,
a person violates or there is reasonable cause to believe that a
person is about to violate any provision of this chapter or any
31.40.120
(2008 Ed.)
Chapter 31.45 RCW
CHECK CASHERS AND SELLERS
Sections
31.45.010
31.45.020
31.45.030
31.45.040
31.45.050
31.40.110
Effective date—2001 c 177: See note following RCW 43.320.080.
Chapter 31.45
31.45.060
31.45.070
31.45.073
31.45.077
31.45.079
31.45.080
31.45.082
31.45.084
31.45.086
31.45.088
31.45.090
31.45.100
31.45.105
31.45.110
31.45.120
31.45.130
31.45.140
31.45.150
31.45.160
31.45.180
31.45.190
Definitions.
Application of chapter.
License required—Small loan endorsement—Application—
Fee—Bond—Deposit in lieu of bond—Director’s duties.
Application for license or small loan endorsement—Financial responsibility—Director’s investigation.
Investigation or examination fee and annual assessment fee
required—Amounts determined by rule—Failure to pay—
Notice requirements of licensee.
Licensee—Schedule of fee and charges—Recordkeeping.
Licensee—Permissible transactions—Restrictions.
Making small loans—Endorsement required—Termination
date—Maximum amount—Interest—Fees—Postdated
check or draft as security.
Small loan endorsement—Application—Form—Information—Exemption from disclosure—Fees.
Making small loans—Agent for a licensee or exempt
entity—Federal preemption.
Trust funds—Deposit requirements—Rules.
Delinquent small loan—Collection by licensee or third party.
Small loan payment plan—Terms—Restrictions.
Small loans—Right of rescission.
Small loans—Disclosure requirements—Advertising—Making loan.
Report requirements—Disclosure of information—Rules.
Examination or investigation—Director’s authority—Costs.
Violations of chapter—Enforceability of transaction.
Violations or unsound financial practices—Statement of
charges—Hearing—Sanctions—Director’s authority.
Violations or unsound practices—Temporary cease and
desist order—Director’s authority.
Temporary cease and desist order—Licensee’s application
for injunction.
Violation of temporary cease and desist order—Director’s
application for injunction.
Licensee’s failure to perform obligations—Director’s duty.
Director’s possession of property and business—Appointment of receiver.
Violation—Misdemeanor.
Violation—Consumer protection act—Remedies.
[Title 31 RCW—page 41]
31.45.010
31.45.200
31.45.210
31.45.900
Title 31 RCW: Miscellaneous Loan Agencies
Director—Broad administrative discretion.
Military borrowers—Licensee’s duty—Definition.
Effective date, implementation—1991 c 355.
31.45.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Applicant" means a person that files an application
for a license under this chapter, including the applicant’s sole
proprietor, owners, directors, officers, partners, members,
and controlling persons.
(2) "Borrower" means a natural person who receives a
small loan.
(3) "Business day" means any day that the licensee is
open for business in at least one physical location.
(4) "Check" means the same as defined in RCW
62A.3-104(f) and, for purposes of conducting the business of
making small loans, includes other electronic forms of payment, including stored value cards, internet transfers, and
automated clearing house transactions.
(5) "Check casher" means an individual, partnership,
unincorporated association, or corporation that, for compensation, engages, in whole or in part, in the business of cashing
checks, drafts, money orders, or other commercial paper
serving the same purpose.
(6) "Check seller" means an individual, partnership,
unincorporated association, or corporation that, for compensation, engages, in whole or in part, in the business of or selling checks, drafts, money orders, or other commercial paper
serving the same purpose.
(7) "Collateral" means the same as defined in chapter
62A.9A RCW.
(8) "Controlling person" means a person owning or controlling ten percent or more of the total outstanding shares of
the applicant or licensee, if the applicant or licensee is a corporation, and a member who owns ten percent or more of a
limited liability company or limited liability partnership.
(9) "Default" means the borrower’s failure to repay the
small loan in compliance with the terms contained in the
small loan agreement or note or failure to make payments in
compliance with a loan payment plan.
(10) "Director" means the director of financial institutions.
(11) "Financial institution" means a commercial bank,
savings bank, savings and loan association, or credit union.
(12) "Licensee" means a check casher or seller licensed
by the director to engage in business in accordance with this
chapter. For purposes of the enforcement powers of this
chapter, including the power to issue cease and desist orders
under RCW 31.45.110, "licensee" also means a check casher
or seller who fails to obtain the license required by this chapter.
(13) "Origination date" means the date upon which the
borrower and the licensee initiate a small loan transaction.
(14) "Outstanding principal balance" of a small loan
means any of the principal amount that has not been paid by
the borrower.
(15) "Paid" means that moment in time when the licensee deposits the borrower’s check or accepts cash for the
full amount owing on a valid small loan.
31.45.010
[Title 31 RCW—page 42]
(16) "Person" means an individual, partnership, association, limited liability company, limited liability partnership,
trust, corporation, and any other legal entity.
(17) "Principal" means the loan proceeds advanced for
the benefit of the borrower in a small loan, excluding any fee
or interest charge.
(18) "Rescission" means annulling the loan contract and,
with respect to the small loan contract, returning the borrower
and the licensee to their financial condition prior to the origination date of the loan.
(19) "Small loan" means a loan of up to the maximum
amount and for a period of time up to the maximum term
specified in RCW 31.45.073.
(20) "Successive loans" means a series of loans made by
the same licensee to the same borrower in such a manner that
no more than three business days separate the termination
date of any one loan and the origination date of any other loan
in the series.
(21) "Termination date" means the date upon which payment for the small loan transaction is due or paid to the licensee, whichever occurs first.
(22) "Total of payments" means the principal amount of
the small loan plus all fees or interest charged on the loan.
(23) "Trade secret" means the same as defined in RCW
19.108.010. [2003 c 86 § 1; 1995 c 18 § 1; 1994 c 92 § 274;
1993 c 143 § 1; 1991 c 355 § 1.]
31.45.020 Application of chapter. (1) This chapter
does not apply to:
(a) Any financial institution or trust company authorized
to do business in Washington;
(b) The cashing of checks, drafts, or money orders by
any person who cashes checks, drafts, or money orders as a
convenience, as a minor part of its customary business, and
not for profit;
(c) The issuance or sale of checks, drafts, or money
orders by any corporation, partnership, or association that has
a net worth of not less than three million dollars as shown by
audited financial statements; and
(d) The issuance or sale of checks, drafts, money orders,
or other commercial paper serving the same purpose by any
agent of a corporation, partnership, or association described
in (c) of this subsection.
(2) Upon application to the director, the director may
exempt a person from any or all provisions of this chapter
upon a finding by the director that although not otherwise
exempt under this section, the applicant is not primarily
engaged in the business of cashing or selling checks and a
total or partial exemption would not be detrimental to the
public. [2003 c 86 § 2; 1994 c 92 § 275; 1991 c 355 § 2.]
31.45.020
31.45.030 License required—Small loan endorsement—Application—Fee—Bond—Deposit in lieu of
bond—Director’s duties. (1) Except as provided in RCW
31.45.020, no check casher or seller may engage in business
without first obtaining a license from the director in accordance with this chapter. A license is required for each location where a licensee engages in the business of cashing or
selling checks or drafts.
31.45.030
(2008 Ed.)
Check Cashers and Sellers
(2) Each application for a license shall be in writing in a
form prescribed by the director and shall contain the following information:
(a) The legal name, residence, and business address of
the applicant and, if the applicant is a partnership, association, or corporation, of every member, officer, and director
thereof;
(b) The location where the initial registered office of the
applicant will be located in this state;
(c) The complete address of any other locations at which
the applicant proposes to engage in business as a check
casher or seller; and
(d) Such other data, financial statements, and pertinent
information as the director may require with respect to the
applicant, its directors, trustees, officers, members, or agents.
(3) Any information in the application regarding the personal residential address or telephone number of the applicant, and any trade secret as defined in RCW 19.108.010
including any financial statement that is a trade secret, is
exempt from the public records disclosure requirements of
chapter 42.56 RCW.
(4) The application shall be filed together with an investigation and supervision fee established by rule by the director. Such fees collected shall be deposited to the credit of the
financial services regulation fund in accordance with RCW
43.320.110.
(5)(a) Before granting a license to sell checks, drafts, or
money orders under this chapter, the director shall require
that the licensee file with the director a surety bond running
to the state of Washington, which bond shall be issued by a
surety insurer which meets the requirements of chapter 48.28
RCW, and be in a format acceptable to the director. The
director shall adopt rules to determine the penal sum of the
bond that shall be filed by each licensee. The bond shall be
conditioned upon the licensee paying all persons who purchase checks, drafts, or money orders from the licensee the
face value of any check, draft, or money order which is dishonored by the drawee bank, savings bank, or savings and
loan association due to insufficient funds or by reason of the
account having been closed. The bond shall only be liable for
the face value of the dishonored check, draft, or money order,
and shall not be liable for any interest or consequential damages.
(b) Before granting a small loan endorsement under this
chapter, the director shall require that the licensee file with
the director a surety bond, in a format acceptable to the director, issued by a surety insurer that meets the requirements of
chapter 48.28 RCW. The director shall adopt rules to determine the penal sum of the bond that shall be filed by each licensee. A licensee who wishes to engage in both check selling
and making small loans may combine the penal sums of the
bonding requirements and file one bond in a form acceptable
to the director. The bond shall run to the state of Washington
as obligee, and shall run to the benefit of the state and any
person or persons who suffer loss by reason of the licensee’s
violation of this chapter or any rules adopted under this chapter. The bond shall only be liable for damages suffered by
borrowers as a result of the licensee’s violation of this chapter
or rules adopted under this chapter, and shall not be liable for
any interest or consequential damages.
(2008 Ed.)
31.45.030
(c) The bond shall be continuous and may be canceled by
the surety upon the surety giving written notice to the director
and licensee of its intent to cancel the bond. The cancellation
is effective thirty days after the notice is received by the
director. Whether or not the bond is renewed, continued,
reinstated, reissued, or otherwise extended, replaced, or modified, including increases or decreases in the penal sum, it
shall be considered one continuous obligation, and the surety
upon the bond shall not be liable in an aggregate or cumulative amount exceeding the penal sum set forth on the face of
the bond. In no event shall the penal sum, or any portion
thereof, at two or more points in time be added together in
determining the surety’s liability. The bond shall not be liable for any liability of the licensee for tortious acts, whether
or not such liability is imposed by statute or common law, or
is imposed by contract. The bond shall not be a substitute or
supplement to any liability or other insurance required by law
or by the contract. If the surety desires to make payment
without awaiting court action against it, the penal sum of the
bond shall be reduced to the extent of any payment made by
the surety in good faith under the bond.
(d) Any person who is a purchaser of a check, draft, or
money order from the licensee having a claim against the licensee for the dishonor of any check, draft, or money order by
the drawee bank, savings bank, or savings and loan association due to insufficient funds or by reason of the account having been closed, or who obtained a small loan from the licensee and was damaged by the licensee’s violation of this
chapter or rules adopted under this chapter, may bring suit
upon such bond or deposit in the superior court of the county
in which the check, draft, or money order was purchased, or
in the superior court of a county in which the licensee maintains a place of business. Jurisdiction shall be exclusively in
the superior court. Any such action must be brought not later
than one year after the dishonor of the check, draft, or money
order on which the claim is based. In the event valid claims
against a bond or deposit exceed the amount of the bond or
deposit, each claimant shall only be entitled to a pro rata
amount, based on the amount of the claim as it is valid against
the bond, or deposit, without regard to the date of filing of
any claim or action.
(e) In lieu of the surety bond required by this section, the
applicant for a check seller license may file with the director
a deposit consisting of cash or other security acceptable to the
director in an amount equal to the penal sum of the required
bond. In lieu of the surety bond required by this section, the
applicant for a small loan endorsement may file with the
director a deposit consisting of cash or other security acceptable to the director in an amount equal to the penal sum of the
required bond, or may demonstrate to the director net worth
in excess of three times the amount of the penal sum of the
required bond.
The director may adopt rules necessary for the proper
administration of the security or to establish reporting
requirements to ensure that the net worth requirements continue to be met. A deposit given instead of the bond required
by this section is not an asset of the licensee for the purpose
of complying with the liquid asset provisions of this chapter.
A deposit given instead of the bond required by this section is
a fund held in trust for the benefit of eligible claimants under
this section and is not an asset of the estate of any licensee
[Title 31 RCW—page 43]
31.45.040
Title 31 RCW: Miscellaneous Loan Agencies
that seeks protection voluntarily or involuntarily under the
bankruptcy laws of the United States.
(f) Such security may be sold by the director at public
auction if it becomes necessary to satisfy the requirements of
this chapter. Notice of the sale shall be served upon the licensee who placed the security personally or by mail. If notice
is served by mail, service shall be addressed to the licensee at
its address as it appears in the records of the director. Bearer
bonds of the United States or the state of Washington without
a prevailing market price must be sold at public auction.
Such bonds having a prevailing market price may be sold at
private sale not lower than the prevailing market price. Upon
any sale, any surplus above amounts due shall be returned to
the licensee, and the licensee shall deposit with the director
additional security sufficient to meet the amount required by
the director. A deposit given instead of the bond required by
this section shall not be deemed an asset of the licensee for
the purpose of complying with the liquid asset provisions of
this chapter. [2005 c 274 § 255; 2003 c 86 § 3; 2001 c 177 §
11; 1995 c 18 § 4; 1994 c 92 § 276; 1993 c 176 § 1; 1991 c
355 § 3.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Effective date—2001 c 177: See note following RCW 43.320.080.
Effective date—1993 c 176: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 30, 1993]." [1993 c 176 § 2.]
Examination reports and information from financial institutions exempt:
RCW 42.56.400.
31.45.040
31.45.040 Application for license or small loan
endorsement—Financial responsibility—Director’s
investigation. (1) The director shall conduct an investigation
of every applicant to determine the financial responsibility,
experience, character, and general fitness of the applicant.
The director shall issue the applicant a license to engage in
the business of cashing or selling checks, or both, or a small
loan endorsement, if the director determines to his or her satisfaction that:
(a) The applicant has satisfied the requirements of RCW
31.45.030;
(b) The applicant is financially responsible and appears
to be able to conduct the business of cashing or selling checks
or making small loans in an honest, fair, and efficient manner
with the confidence and trust of the community; and
(c) The applicant has the required bonds, or has provided
an acceptable alternative form of financial security.
(2) The director may refuse to issue a license or small
loan endorsement if he or she finds that the applicant, or any
person who is a director, officer, partner, agent, sole proprietor, owner, or controlling person of the applicant, has been
convicted of a felony in any jurisdiction within seven years of
filing the present application or is associating or consorting
with any person who has been convicted of a felony in any
jurisdiction within seven years of filing the present application. The term "substantial stockholder" as used in this subsection, means a person owning or controlling ten percent or
more of the total outstanding shares of the applicant corporation.
[Title 31 RCW—page 44]
(3) A license or small loan endorsement may not be
issued to an applicant:
(a) Whose license to conduct business under this chapter,
or any similar statute in any other jurisdiction, has been suspended or revoked within five years of the filing of the
present application;
(b) Who has been banned from the industry by an administrative order issued by the director or the director’s designee, for the period specified in the administrative order; or
(c) When any person who is a sole proprietor, owner,
director, officer, partner, agent, or controlling person of the
applicant has been banned from the industry in an administrative order issued by the director, for the period specified in
the administrative order.
(4) A license or small loan endorsement issued under this
chapter shall be conspicuously posted in the place of business
of the licensee. The license is not transferable or assignable.
(5) A license or small loan endorsement issued in accordance with this chapter remains in force and effect until surrendered, suspended, or revoked, or until the license expires
as a result of nonpayment of the annual assessment fee.
[2003 c 86 § 4; 1996 c 13 § 1; 1995 c 18 § 5; 1994 c 92 § 277;
1991 c 355 § 4.]
31.45.050 Investigation or examination fee and
annual assessment fee required—Amounts determined
by rule—Failure to pay—Notice requirements of licensee.
(1) Each applicant and licensee shall pay to the director an
investigation or examination fee as established in rule and an
annual assessment fee for the coming year in an amount
determined by rule as necessary to cover the operation of the
program. The annual assessment fee is due upon the annual
assessment fee due date as established in rule. Nonpayment
of the annual assessment fee may result in expiration of the
license as provided in subsection (2) of this section. In establishing the fees, the director shall differentiate between check
cashing and check selling and making small loans, and consider at least the volume of business, level of risk, and potential harm to the public related to each activity. The fees collected shall be deposited to the credit of the financial services
regulation fund in accordance with RCW 43.320.110.
(2) If a licensee does not pay its annual assessment fee by
the annual assessment fee due date as specified in rule, the
director or the director’s designee shall send the licensee a
notice of suspension and assess the licensee a late fee not to
exceed twenty-five percent of the annual assessment fee as
established in rule by the director. The licensee’s payment of
both the annual assessment fee and the late fee must arrive in
the department’s offices by 5:00 p.m. on the tenth day after
the annual assessment fee due date, unless the department is
not open for business on that date, in which case the licensee’s payment of both the annual assessment fee and the
late fee must arrive in the department’s offices by 5:00 p.m.
on the next occurring day that the department is open for
business. If the payment of both the annual assessment fee
and the late fee does not arrive prior to such time and date,
then the expiration of the licensee’s license is effective at
5:00 p.m. on the thirtieth day after the assessment fee due
date. The director or the director’s designee may reinstate the
license if, within twenty days after the effective date of expiration, the licensee:
31.45.050
(2008 Ed.)
Check Cashers and Sellers
(a) Pays both the annual assessment fee and the late fee;
and
(b) Attests under penalty of perjury that it did not engage
in conduct requiring a license under this chapter during the
period its license was expired, as confirmed by an investigation by the director or the director’s designee.
(3) If a licensee intends to do business at a new location,
to close an existing place of business, or to relocate an existing place of business, the licensee shall provide written notification of that intention to the director no less than thirty
days before the proposed establishing, closing, or moving of
a place of business. [2003 c 86 § 5; 2001 c 177 § 12; 1996 c
13 § 2; 1995 c 18 § 6; 1994 c 92 § 278; 1991 c 355 § 5.]
Effective date—2001 c 177: See note following RCW 43.320.080.
31.45.060
31.45.060 Licensee—Schedule of fee and charges—
Recordkeeping. (1) A schedule of the fees and the charges
for the cashing and selling of checks, drafts, money orders, or
other commercial paper serving the same purpose shall be
conspicuously and continuously posted in every location
licensed under this chapter. The licensee shall provide to its
customer a receipt for each transaction. The receipt must
include the name of the licensee, the type and amount of the
transaction, and the fee or fees charged for the transaction.
(2) Each licensee shall keep and maintain such business
books, accounts, and records as the director may require to
fulfill the purposes of this chapter. Every licensee shall preserve such books, accounts, and records as required in rule by
the director for at least two years from the completion of the
transaction. Records may be maintained on an electronic,
magnetic, optical, or other storage media. However, the licensee must maintain the necessary technology to permit
access to the records by the department for the period
required under this chapter.
(3) A check, draft, or money order sold by a licensee
shall be drawn on an account of a licensee maintained in a
federally insured financial institution authorized to do business in the state of Washington. [2003 c 86 § 6; 1994 c 92 §
279; 1991 c 355 § 6.]
31.45.070
31.45.070 Licensee—Permissible transactions—
Restrictions. (1) No licensee may engage in a loan business
or the negotiation of loans or the discounting of notes, bills of
exchange, checks, or other evidences of debt on the same premises where a check cashing or selling business is conducted,
unless the licensee:
(a) Is conducting the activities of pawnbroker as defined
in RCW 19.60.010;
(b) Is a properly licensed consumer loan company under
chapter 31.04 RCW;
(c) Is conducting other lending activity permitted in the
state of Washington; or
(d) Has a small loan endorsement.
(2) Except as otherwise permitted in this chapter, no licensee may at any time cash or advance any moneys on a postdated check or draft. However, a licensee may cash a check
payable on the first banking day following the date of cashing
if:
(2008 Ed.)
31.45.073
(a) The check is drawn by the United States, the state of
Washington, or any political subdivision of the state, or by
any department or agency of the state or its subdivisions; or
(b) The check is a payroll check drawn by an employer
to the order of its employee in payment for services performed by the employee.
(3) Except as otherwise permitted in this chapter, no licensee may agree to hold a check or draft for later deposit. A
licensee shall deposit all checks and drafts cashed by the licensee as soon as practicable.
(4) No licensee may issue or cause to be issued any
check, draft, or money order, or other commercial paper serving the same purpose, that is drawn upon the trust account of
a licensee without concurrently receiving the full principal
amount, in cash, or by check, draft, or money order from a
third party believed to be valid.
(5) No licensee may advertise, print, display, publish,
distribute, or broadcast or cause or permit to be advertised,
printed, displayed, published, distributed, or broadcast, any
statement or representation that is false, misleading, or
deceptive, or that omits material information, or that refers to
the supervision of the licensee by the state of Washington or
any department or official of the state.
(6) Each licensee shall comply with all applicable federal
statutes governing currency transaction reporting. [2003 c 86
§ 7; 1995 c 18 § 7; 1994 c 92 § 280; 1991 c 355 § 7.]
31.45.073 Making small loans—Endorsement
required—Termination date—Maximum amount—
Interest—Fees—Postdated check or draft as security. (1)
No licensee may engage in the business of making small
loans without first obtaining a small loan endorsement to its
license from the director in accordance with this chapter. An
endorsement will be required for each location where a licensee engages in the business of making small loans, but a
small loan endorsement may authorize a licensee to make
small loans at a location different than the licensed locations
where it cashes or sells checks. A licensee may have more
than one endorsement.
(2) The termination date of a small loan may not exceed
the origination date of that same small loan by more than
forty-five days, including weekends and holidays, unless the
term of the loan is extended by agreement of both the borrower and the licensee and no additional fee or interest is
charged. The maximum principal amount of any small loan,
or the outstanding principal balances of all small loans made
by a licensee to a single borrower at any one time, may not
exceed seven hundred dollars.
(3) A licensee that has obtained the required small loan
endorsement may charge interest or fees for small loans not
to exceed in the aggregate fifteen percent of the first five hundred dollars of principal. If the principal exceeds five hundred dollars, a licensee may charge interest or fees not to
exceed in the aggregate ten percent of that portion of the principal in excess of five hundred dollars. If a licensee makes
more than one loan to a single borrower, and the aggregated
principal of all loans made to that borrower exceeds five hundred dollars at any one time, the licensee may charge interest
or fees not to exceed in the aggregate ten percent on that portion of the aggregated principal of all loans at any one time
that is in excess of five hundred dollars. The director may
31.45.073
[Title 31 RCW—page 45]
31.45.077
Title 31 RCW: Miscellaneous Loan Agencies
determine by rule which fees, if any, are not subject to the
interest or fee limitations described in this section. It is a violation of this chapter for any licensee to knowingly loan to a
single borrower at any one time, in a single loan or in the
aggregate, more than the maximum principal amount
described in this section.
(4) In connection with making a small loan, a licensee
may advance moneys on the security of a postdated check.
The licensee may not accept any other property, title to property, or other evidence of ownership of property as collateral
for a small loan. The licensee may accept only one postdated
check per loan as security for the loan. A licensee may permit a borrower to redeem a postdated check with a payment
of cash or the equivalent of cash. The licensee may disburse
the proceeds of a small loan in cash, in the form of a check, or
in the form of the electronic equivalent of cash or a check.
(5) No person may at any time cash or advance any moneys on a postdated check or draft in excess of the amount of
goods or services purchased without first obtaining a small
loan endorsement to a check casher or check seller license.
[2003 c 86 § 8; 1995 c 18 § 2.]
31.45.077 Small loan endorsement—Application—
Form—Information—Exemption from disclosure—Fees.
(1) Each application for a small loan endorsement to a check
casher or check seller license must be in writing and in a form
prescribed by the director and shall contain the following
information:
(a) The legal name, residence, and business address of
the applicant, and if the applicant is a partnership, corporation, or association, the name and address of every member,
partner, officer, and director thereof;
(b) The street and mailing address of each location where
the licensee will engage in the business of making small
loans;
(c) A surety bond, or other security allowed under RCW
31.45.030, in the amount required; and
(d) Any other pertinent information, including financial
statements, as the director may require with respect to the licensee and its directors, officers, trustees, members, or
employees.
(2) Any information in the application regarding the licensee’s personal residential address or telephone number,
and any trade secrets of the licensee as defined under RCW
19.108.010 including any financial statement that is a trade
secret, is exempt from the public records disclosure requirements of chapter 42.56 RCW.
(3) The application shall be filed together with an investigation and review fee established by rule by the director.
Fees collected shall be deposited to the credit of the financial
services regulation fund in accordance with RCW
43.320.110. [2005 c 274 § 256; 2003 c 86 § 9; 2001 c 177 §
13; 1995 c 18 § 3.]
31.45.077
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Effective date—2001 c 177: See note following RCW 43.320.080.
31.45.079 Making small loans—Agent for a licensee
or exempt entity—Federal preemption. A person may not
engage in the business of making small loans as an agent for
a licensee or exempt entity without first obtaining a small
31.45.079
[Title 31 RCW—page 46]
loan endorsement to a check casher or check seller license
under this chapter. An agent of a licensee or exempt entity
engaged in the business of making small loans is subject to
this chapter. To the extent that federal law preempts the
applicability of any part of this chapter, all other parts of this
chapter remain in effect. [2003 c 86 § 10.]
31.45.080 Trust funds—Deposit requirements—
Rules. (1) All funds received by a licensee or its agents from
the sale of checks, drafts, money orders, or other commercial
paper serving the same purpose constitute trust funds owned
by and belonging to the person from whom they were
received or to the person who has paid the checks, drafts,
money orders, or other commercial paper serving the same
purpose.
(2) All such trust funds shall be deposited in a bank, savings bank, or savings and loan association located in Washington state in an account or accounts in the name of the licensee designated "trust account," or by some other appropriate name indicating that the funds are not the funds of the
licensee or of its officers, employees, or agents. Such funds
are not subject to attachment, levy of execution, or sequestration by order of a court except by a payee, assignee, or holder
in due course of a check, draft, or money order sold by a licensee or its agent. Funds in the trust account, together with
funds and checks on hand and in the hands of agents held for
the account of the licensee at all times shall be at least equal
to the aggregate liability of the licensee on account of checks,
drafts, money orders, or other commercial paper serving the
same purpose that are sold.
(3) The director shall adopt rules requiring the licensee
to periodically withdraw from the trust account the portion of
trust funds earned by the licensee from the sale of checks,
drafts, money orders, or other commercial paper serving the
same purpose. If a licensee has accepted, in payment for a
check, draft, money order, or commercial paper serving the
same purpose issued by the licensee, a check or draft that is
subsequently dishonored, the director shall prohibit the withdrawal of earned funds in an amount necessary to cover the
dishonored check or draft.
(4) If a licensee or its agent commingles trust funds with
its own funds, all assets belonging to the licensee or its agent
are impressed with a trust in favor of the persons specified in
subsection (1) of this section in an amount equal to the aggregate funds that should have been segregated. Such trust continues until an amount equal to the necessary aggregate funds
have been deposited in accordance with subsection (2) of this
section.
(5) Upon request of the director, a licensee shall furnish
to the director an authorization for examination of financial
records of any trust fund account established for compliance
with this section.
(6) The director may adopt any rules necessary for the
maintenance of trust accounts, including rules establishing
procedures for distribution of trust account funds if a license
is suspended, terminated, or not renewed. [1994 c 92 § 281;
1991 c 355 § 8.]
31.45.080
31.45.082 Delinquent small loan—Collection by licensee or third party. A licensee shall comply with all appli31.45.082
(2008 Ed.)
Check Cashers and Sellers
cable state and federal laws when collecting a delinquent
small loan. A licensee may charge a one-time fee as determined in rule by the director to any borrower in default on
any loan or loans where the borrower’s check has been
returned unpaid by the financial institution upon which it was
drawn. A licensee may take civil action under Title 62A
RCW to collect upon a check that has been dishonored. If the
licensee takes civil action, a licensee may charge the borrower the cost of collection as allowed under RCW
62A.3-515, but may not collect attorneys’ fees or any other
interest or damages as allowed under RCW 62A.3-515. A
licensee may not threaten criminal prosecution as a method
of collecting a delinquent small loan. If a dishonored check
is assigned to any third party for collection, this section
applies to the third party for the collection of the dishonored
check. [2003 c 86 § 11.]
31.45.084
31.45.084 Small loan payment plan—Terms—
Restrictions. (1) A licensee and borrower may agree to a
payment plan for a small loan at any time. After four successive loans and prior to default upon the last loan, each borrower may convert their small loan to a payment plan. Each
agreement for a loan payment plan must be in writing and
acknowledged by both the borrower and the licensee. The
licensee may charge the borrower, at the time both parties
enter into the payment plan, a one-time fee for the payment
plan in an amount up to the fee or interest on the outstanding
principal of the loan as allowed under RCW 31.45.073(3).
The licensee may not assess any other fee, interest charge, or
other charge on the borrower as a result of converting the
small loan into a payment plan. This payment plan must provide for the payment of the total of payments due on the small
loan over a period not less than sixty days in three or more
payments, unless the borrower and licensee agree to a shorter
payment period. The borrower may pay the total of payments
at any time. The licensee may not charge any penalty, fee, or
charge to the borrower for prepayment of the loan payment
plan by the borrower. Each licensee shall conspicuously disclose to each borrower in the small loan agreement or small
loan note that the borrower has access to such a payment plan
after four successive loans. A licensee’s violation of such a
payment plan constitutes a violation of this chapter.
(2) The licensee may take postdated checks at the initiation of the payment plan for the payments agreed to under the
plan. If any check accepted by the licensee as payment under
the payment plan is dishonored, the licensee may not charge
the borrower any fee for the dishonored check.
(3) If the borrower defaults on the payment plan, the licensee may initiate action to collect the total of payments
under RCW 31.45.082. The licensee may charge the borrower a one-time payment plan default fee of twenty-five dollars.
(4) If the licensee enters into a payment plan with the
borrower through an accredited third party, with certified
credit counselors, that is representing the borrower, the licensee’s failure to comply with the terms of that payment plan
constitutes a violation of this chapter. [2003 c 86 § 12.]
Effective date—2003 c 86 § 12: "Section 12 of this act takes effect
October 1, 2003." [2003 c 86 § 20.]
(2008 Ed.)
31.45.090
31.45.086 Small loans—Right of rescission. A borrower may rescind a loan, on or before the close of business
on the next day of business at the location where the loan was
originated, by returning the principal in cash or the original
check disbursed by the licensee to fund the small loan. The
licensee may not charge the borrower for rescinding the loan
and shall return to the borrower any postdated check taken as
security for the loan or any electronic equivalent. The licensee shall conspicuously disclose to the borrower this right
of rescission in writing in the small loan agreement or small
loan note. [2003 c 86 § 13.]
31.45.086
31.45.088 Small loans—Disclosure requirements—
Advertising—Making loan. (1) When advertising the availability of small loans, if a licensee includes in an advertisement the fee or interest rate charged by the licensee for a
small loan, then the licensee shall also disclose the annual
percentage rate resulting from this fee or interest rate.
(2) When advertising the availability of small loans,
compliance with all applicable state and federal laws and regulations, including the truth in lending act, 15 U.S.C. Sec.
1601 and Regulation Z, 12 C.F.R. Sec. [Part] 226 constitutes
compliance with subsection (1) of this section.
(3) When making a small loan, each licensee shall disclose to the borrower the terms of the small loan, including
the principal amount of the small loan, the total of payments
of the small loan, the fee or interest rate charged by the licensee on the small loan, and the annual percentage rate resulting from this fee or interest rate.
(4) When making a small loan, disclosure of the terms of
the small loan in compliance with all applicable state and federal laws and regulations, including the truth in lending act,
15 U.S.C. Sec. 1601 and Regulation Z, 12 C.F.R. Sec. [Part]
226 constitutes compliance with subsection (3) of this section. [2003 c 86 § 14.]
31.45.088
31.45.090 Report requirements—Disclosure of information—Rules. (1) Each licensee shall submit to the director, in a form approved by the director, a report containing
financial statements covering the calendar year or, if the licensee has an established fiscal year, then for such fiscal year,
within one hundred five days after the close of each calendar
or fiscal year. The licensee shall also file such additional relevant information as the director may require. Any information provided by a licensee in an annual report that constitutes
a trade secret under chapter 19.108 RCW is exempt from disclosure under chapter 42.56 RCW, unless aggregated with
information supplied by other licensees in such a manner that
the licensee’s individual information is not identifiable. Any
information provided by the licensee that allows identification of the licensee may only be used for purposes reasonably
related to the regulation of licensees to ensure compliance
with this chapter.
(2) A licensee whose license has been suspended or
revoked shall submit to the director, at the licensee’s
expense, within one hundred five days after the effective date
of such surrender or revocation, a closing audit report containing audited financial statements as of such effective date
for the twelve months ending with such effective date.
(3) The director shall adopt rules specifying the form and
content of such audit reports and may require additional
31.45.090
[Title 31 RCW—page 47]
31.45.100
Title 31 RCW: Miscellaneous Loan Agencies
reporting as is necessary for the director to ensure compliance
with this chapter. [2005 c 274 § 257; 2003 c 86 § 15; 1994 c
92 § 282; 1991 c 355 § 9.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
31.45.100 Examination or investigation—Director’s
authority—Costs. The director or the director’s designee
may at any time examine and investigate the business and
examine the books, accounts, records, and files, or other
information, wherever located, of any licensee or person who
the director has reason to believe is engaging in the business
governed by this chapter. For these purposes, the director or
the director’s designee may require the attendance of and
examine under oath all persons whose testimony may be
required about the business or the subject matter of the investigation. The director or the director’s designee may require
the production of original books, accounts, records, files, or
other information, or may make copies of such original
books, accounts, records, files, or other information. The
director or the director’s designee may issue a subpoena or
subpoena duces tecum requiring attendance and testimony, or
the production of the books, accounts, records, files, or other
information. The director shall collect from the licensee the
actual cost of the examination or investigation. [2003 c 86 §
16; 1994 c 92 § 283; 1991 c 355 § 10.]
31.45.100
31.45.105 Violations of chapter—Enforceability of
transaction. (1) It is a violation of this chapter for any person subject to this chapter to:
(a) Directly or indirectly employ any scheme, device, or
artifice to defraud or mislead any borrower, to defraud or
mislead any lender, or to defraud or mislead any person;
(b) Directly or indirectly engage in any unfair or deceptive practice toward any person;
(c) Directly or indirectly obtain property by fraud or misrepresentation; and
(d) Make a small loan to any person physically located in
Washington through use of the internet, facsimile, telephone,
kiosk, or other means without first obtaining a small loan
endorsement.
(2) In addition to any other penalties, any transaction in
violation of subsection (1) of this section is uncollectible and
unenforceable. [2007 c 81 § 1.]
31.45.105
31.45.110 Violations or unsound financial practices—Statement of charges—Hearing—Sanctions—
Director’s authority. (1) The director may issue and serve
upon a licensee or applicant a statement of charges if, in the
opinion of the director, any licensee or applicant:
(a) Is engaging or has engaged in an unsafe or unsound
financial practice in conducting the business of a check seller
governed by this chapter;
(b) Is violating or has violated this chapter, including
rules, orders, or subpoenas, any rule adopted under chapter
86, Laws of 2003, any order issued under chapter 86, Laws of
2003, any subpoena issued under chapter 86, Laws of 2003,
or any condition imposed in writing by the director or the
director’s designee in connection with the granting of any
31.45.110
[Title 31 RCW—page 48]
application or other request by the licensee or any written
agreement made with the director;
(c) Is about to do the acts prohibited in (a) or (b) of this
subsection when the opinion that the threat exists is based
upon reasonable cause;
(d) Obtains a license by means of fraud, misrepresentation, concealment, or through mistake or inadvertence of the
director;
(e) Provides false statements or omissions of material
information on the application that, if known, would have
allowed the director to deny the application for the original
license;
(f) Fails to pay a fee required by the director or maintain
the required bond;
(g) Commits a crime against the laws of the state of
Washington or any other state or government involving
moral turpitude, financial misconduct, or dishonest dealings;
(h) Knowingly commits or is a party to any material
fraud, misrepresentation, concealment, conspiracy, collusion,
trick, scheme, or device whereby any other person relying
upon the word, representation, or conduct acts to his or her
injury or damage;
(i) Converts any money or its equivalent to his or her
own use or to the use of his or her principal or of any other
person;
(j) Fails, upon demand by the director or the director’s
designee, to disclose any information within his or her
knowledge to, or to produce any document, book, or record in
his or her possession for inspection of, the director or the
director’s designee;
(k) Commits any act of fraudulent or dishonest dealing,
and a certified copy of the final holding of any court, tribunal,
agency, or administrative body of competent jurisdiction
regarding that act is conclusive evidence in any hearing under
this chapter; or
(l) Commits an act or engages in conduct that demonstrates incompetence or untrustworthiness, or is a source of
injury and loss to the public.
(2) The statement of charges shall be issued under chapter 34.05 RCW. The director or the director’s designee may
impose the following sanctions against any licensee or applicant, or any director, officer, sole proprietor, partner, controlling person, or employee of a licensee or applicant:
(a) Deny, revoke, suspend, or condition the license;
(b) Order the licensee to cease and desist from practices
in violation of this chapter or practices that constitute unsafe
and unsound financial practices in the sale of checks;
(c) Impose a fine not to exceed one hundred dollars per
day for each day’s violation of this chapter;
(d) Order restitution to borrowers or other parties damaged by the licensee’s violation of this chapter or take other
affirmative action as necessary to comply with this chapter;
and
(e) Remove from office or ban from participation in the
affairs of any licensee any director, officer, sole proprietor,
partner, controlling person, or employee of a licensee.
(3) The proceedings to impose the sanctions described in
subsection (2) of this section, including any hearing or appeal
of the statement of charges, are governed by chapter 34.05
RCW.
(2008 Ed.)
Check Cashers and Sellers
Unless the licensee personally appears at the hearing or
is represented by a duly authorized representative, the licensee is deemed to have consented to the statement of
charges and the sanctions imposed in the statement of
charges. [2003 c 86 § 17; 1994 c 92 § 284; 1991 c 355 § 11.]
31.45.210
licensee resumes business or its affairs are finally liquidated
as provided in RCW 31.45.160. The licensee may resume
business upon such terms as the director may prescribe.
[1994 c 92 § 287; 1991 c 355 § 15.]
31.45.160 Director’s possession of property and business—Appointment of receiver. Whenever the director has
taken possession of the property and business of a licensee,
the director may petition the superior court for the appointment of a receiver to liquidate the affairs of the licensee. During the time that the director retains possession of the property and business of a licensee, the director has the same powers and authority with reference to the licensee as is vested in
the director under chapter 31.04 RCW, and the licensee has
the same rights to hearings and judicial review as are granted
under chapter 31.04 RCW. [1997 c 101 § 4; 1994 c 92 § 288;
1991 c 355 § 16.]
31.45.160
31.45.120 Violations or unsound practices—Temporary cease and desist order—Director’s authority. Whenever the director determines that the acts specified in RCW
31.45.110 or their continuation is likely to cause insolvency
or substantial injury to the public, the director may also issue
a temporary cease and desist order requiring the licensee to
cease and desist from the violation or practice. The order
becomes effective upon service upon the licensee and
remains effective unless set aside, limited, or suspended by a
court under RCW 31.45.130 pending the completion of the
administrative proceedings under the notice and until such
time as the director dismisses the charges specified in the
notice or until the effective date of the cease and desist order
issued against the licensee under RCW 31.45.110. [2003 c
86 § 18; 1994 c 92 § 285; 1991 c 355 § 12.]
31.45.120
31.45.130 Temporary cease and desist order—Licensee’s application for injunction. Within ten days after a
licensee has been served with a temporary cease and desist
order, the licensee may apply to the superior court in the
county of its principal place of business for an injunction setting aside, limiting, or suspending the order pending the completion of the administrative proceedings pursuant to the
notice served under RCW 31.45.120. The superior court has
jurisdiction to issue the injunction. [1991 c 355 § 13.]
31.45.180 Violation—Misdemeanor. Any person who
violates or participates in the violation of any provision of the
rules or orders of the director or of this chapter is guilty of a
misdemeanor. [1994 c 92 § 290; 1991 c 355 § 18.]
31.45.180
31.45.130
31.45.140 Violation of temporary cease and desist
order—Director’s application for injunction. In the case
of a violation or threatened violation of a temporary cease
and desist order issued under RCW 31.45.120, the director
may apply to the superior court of the county of the principal
place of business of the licensee for an injunction. [1994 c 92
§ 286; 1991 c 355 § 14.]
31.45.140
31.45.150 Licensee’s failure to perform obligations—
Director’s duty. Whenever as a result of an examination or
report it appears to the director that:
(1) The capital of any licensee is impaired;
(2) Any licensee is conducting its business in such an
unsafe or unsound manner as to render its further operations
hazardous to the public;
(3) Any licensee has suspended payment of its trust obligations;
(4) Any licensee has refused to submit its books, papers,
and affairs to the inspection of the director or the director’s
examiner;
(5) Any officer of any licensee refuses to be examined
under oath regarding the business of the licensee;
(6) Any licensee neglects or refuses to comply with any
order of the director made pursuant to this chapter unless the
enforcement of such order is restrained in a proceeding
brought by such licensee;
the director may immediately take possession of the property
and business of the licensee and retain possession until the
31.45.150
(2008 Ed.)
31.45.190 Violation—Consumer protection act—
Remedies. The legislature finds and declares that any violation of this chapter substantially affects the public interest
and is an unfair and deceptive act or practice and an unfair
method of competition in the conduct of trade or commerce
as set forth in RCW 19.86.020. Remedies available under
chapter 19.86 RCW shall not affect any other remedy the
injured party may have. [1991 c 355 § 19.]
31.45.190
31.45.200 Director—Broad administrative discretion. The director has the power, and broad administrative
discretion, to administer and interpret the provisions of this
chapter to ensure the protection of the public. [1994 c 92 §
291; 1991 c 355 § 20.]
31.45.200
31.45.210 Military borrowers—Licensee’s duty—
Definition. (1) A licensee shall:
(a) When collecting any delinquent small loan, not garnish any wages or salary paid for service in the armed forces;
(b) Defer for the duration of the posting all collection
activity against a military borrower who has been deployed to
a combat or combat support posting for the duration of the
posting;
(c) Not contact the military chain of command of a military borrower in an effort to collect a delinquent small loan;
(d) Honor the terms of any repayment agreement
between the licensee and any military borrower, including
any repayment agreement negotiated through military counselors or third party credit counselors; and
(e) Not make a loan from a specific location to a person
that the licensee knows is a military borrower when the military borrower’s commander has notified the licensee in writing that the specific location is designated off-limits to military personnel under their command.
(2) For purposes of this section, "military borrower"
means any active duty member of the armed forces of the
United States, or any member of the national guard or the
31.45.210
[Title 31 RCW—page 49]
31.45.900
Title 31 RCW: Miscellaneous Loan Agencies
reserves of the armed forces of the United States who has
been called to active duty. [2005 c 256 § 1.]
31.45.900 Effective date, implementation—1991 c
355. This act shall take effect January 1, 1992. The director
shall take such steps as are necessary to ensure that this act is
implemented on its effective date. [1994 c 92 § 292; 1991 c
355 § 24.]
31.45.900
[Title 31 RCW—page 50]
(2008 Ed.)
Title 32
Chapters
32.04
32.08
32.12
32.16
32.20
32.24
32.28
32.30
32.32
32.34
32.35
32.40
32.98
Title 32
MUTUAL SAVINGS BANKS
32.04.260
General provisions.
Organization and powers.
Deposits—Earnings—Dividends—Interest.
Officers and employees.
Investments.
Insolvency and liquidation.
Satellite facilities.
Conversion of mutual savings bank to building
and loan or savings and loan association.
Conversion of mutual savings bank to capital
stock savings bank.
Merger, consolidation, conversion, etc.
Stock savings banks.
Community credit needs.
Construction.
Credit life insurance and credit accident and health insurance: Chapter
48.34 RCW.
Fairness in lending act: RCW 30.04.500 through 30.04.515.
Indemnification of directors, officers, employees, etc., by corporations
authorized, insurance: RCW 23B.08.320, 23B.08.500 through
23B.08.580, 23B.08.600, and 23B.17.030.
Master license system exemption: RCW 19.02.800.
Public depositaries, deposit and investment of public funds: Chapter 39.58
RCW.
Retail installment sales of goods and services: Chapter 63.14 RCW.
Washington Principal and Income Act of 2002: Chapter 11.104A RCW.
Chapter 32.04
Chapter 32.04 RCW
GENERAL PROVISIONS
Sections
32.04.010
32.04.020
32.04.022
32.04.025
32.04.030
32.04.035
32.04.050
32.04.070
32.04.080
32.04.082
32.04.085
32.04.100
32.04.110
32.04.120
32.04.130
32.04.150
32.04.170
32.04.190
32.04.200
32.04.210
32.04.211
32.04.220
32.04.250
(2008 Ed.)
Scope of title.
Definitions.
"Mortgage" includes deed of trust.
Powers as to horizontal property regimes or condominiums.
Branches—Director’s approval—State reciprocity—Definition.
Agency agreements—Written notice to director.
Reports.
Certified copies of records as evidence.
Employees’ pension, retirement, or health insurance benefits—Payment.
Pension, retirement, or health insurance benefits—Waiver by
bank of offsets attributable to social security.
Pension, retirement, or health insurance benefits—Supplementation.
Penalty for falsification.
Penalty for concealing or destroying evidence.
Specific penalties invoked.
General penalty.
Cost of examination.
Conversion to mutual savings bank of savings and loan association.
Bank stabilization act.
Capital notes or debentures.
Saturday closing authorized.
Examinations directed—Cooperative agreements and actions.
Examination reports and information—Confidential—Privileged—Penalty.
Violations or unsafe practices—Notice of charges—
Grounds—Contents of notice—Hearing—Cease and desist
orders.
32.04.270
32.04.280
32.04.290
32.04.300
32.04.310
32.04.320
Violations or unsafe practices—Temporary cease and desist
orders.
Violations or unsafe practices—Injunction to set aside temporary cease and desist order.
Violation of temporary cease and desist order—Injunction to
enforce order.
Administrative hearing provided for in RCW 32.04.250 or
32.16.093—Procedure—Order—Judicial review.
Jurisdiction of courts as to cease and desist orders, orders to
remove trustee, officer, or employee, etc.
Automated teller machines and night depositories security.
Director—Powers under chapter 19.144 RCW.
Corporate seals, effect of absence from instrument: RCW 64.04.105.
Depositaries of state funds: Chapter 43.85 RCW.
Federal bonds and notes as investment or collateral: Chapter 39.60 RCW.
Indemnification of directors, officers, employees, etc., by corporation authorized, insurance: RCW 23B.08.320, 23B.08.500 through 23B.08.580,
23B.08.600, and 23B.17.030.
Negotiable instruments: Title 62A RCW.
Powers of appointment: Chapter 11.95 RCW.
Safe deposit companies: Chapter 22.28 RCW.
32.04.010 Scope of title. This title shall not be construed as amending or repealing any other law of the state
authorizing the incorporation of banks or regulating the same,
but shall be deemed to be additional legislation for the sole
purpose of authorizing the incorporation and operation of
mutual savings banks and mutual savings banks converted
under chapter 32.32 RCW to stock form, as herein prescribed. Savings banks incorporated on the stock plan, other
than converted mutual savings banks, and other stock banks
having savings departments as authorized by RCW
30.20.060, or by any other law of the state heretofore or hereafter enacted, shall not be in any manner affected by the provisions of this title, or any amendment thereto. [1981 c 85 §
105; 1955 c 13 § 32.04.010. Prior: 1915 c 175 § 52; RRS §
3381.]
32.04.010
32.04.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this title.
(1) The use of the term "savings bank" or "mutual savings bank" refers to savings banks organized under chapter
32.08 or 32.35 RCW or converted under chapter 32.32 or
33.44 RCW.
(2) The use of the words "mutual savings" as part of a
name under which business of any kind is or may be transacted by any person, firm, or corporation, except such as
were organized and in actual operation on June 9, 1915, or as
may be thereafter operated under the requirements of this title
is hereby prohibited.
(3) The use of the term "director" refers to the director of
financial institutions.
(4) The use of the word "branch" refers to an established
office or facility other than the principal office, at which
employees of the savings bank take deposits. The term
32.04.020
[Title 32 RCW—page 1]
32.04.022
Title 32 RCW: Mutual Savings Banks
"branch" does not refer to a machine permitting customers to
leave funds in storage or communicate with savings bank
employees who are not located at the site of that machine,
unless employees of the savings bank at the site of that
machine take deposits on a regular basis. An office of an
entity other than the savings bank is not established by the
savings bank, regardless of any affiliation, accommodation
arrangement, or other relationship between the other entity
and the savings bank. [1999 c 14 § 13; 1997 c 101 § 5; 1996
c 2 § 20; 1994 c 92 § 293; 1985 c 56 § 1; 1981 c 85 § 106;
1955 c 13 § 32.04.020. Prior: 1915 c 175 § 49; RRS § 3378.]
Severability—1999 c 14: See RCW 32.35.900.
Severability—1996 c 2: See RCW 30.38.900.
32.04.022 "Mortgage" includes deed of trust. The
word "mortgage" as used in this title includes deed of trust.
[1969 c 55 § 13.]
32.04.022
32.04.025 Powers as to horizontal property regimes
or condominiums. The words "real estate" and "real property" as used in this title shall include apartments or other
portions, however designated, of horizontal property
regimes, or a condominium interest in property, as may be
created under any laws now in existence or hereafter enacted.
A mutual savings bank may do any act necessary or appropriate in connection with its interest in or ownership of any portion of a horizontal property regime or condominium. [1963
c 176 § 10.]
32.04.025
Horizontal property regimes: Chapter 64.32 RCW.
32.04.030 Branches—Director’s approval—State
reciprocity—Definition. (1) A savings bank may not, without the written approval of the director, establish and operate
branches in any place.
(2) A savings bank headquartered in this state desiring to
establish a branch shall file a written application with the
director, who shall approve or disapprove the application.
(3) The director’s approval shall be conditioned on a
finding that the savings bank has a satisfactory record of
compliance with applicable laws and has a satisfactory financial condition. In making such findings, the director may rely
on an application in the form filed with the federal deposit
insurance corporation pursuant to 12 U.S.C. Sec. 1828(d). If
the application for a branch is not approved, the savings bank
shall have the right to appeal in the same manner and within
the same time as provided by RCW 32.08.050 and 32.08.060.
The savings bank when delivering the application to the
director shall transmit to the director a check in an amount
established by rule to cover the expense of the investigation.
A savings bank headquartered in this state shall not move its
headquarters or any branch more than two miles from its
existing location without prior approval of the director. On
or before the date on which it opens any office at which it will
transact business in any state, territory, province, or other
jurisdiction, a savings bank shall give written notice to the
director of the location of this office. No such notice shall
become effective until it has been delivered to the director.
(4) The board of trustees of a savings bank, after notice
to the director, may discontinue the operation of a branch.
The savings bank shall keep the director informed in the mat32.04.030
[Title 32 RCW—page 2]
ter and shall notify the director of the date operation of the
branch is discontinued.
(5) A savings bank that is headquartered in this state and
is operating branches in another state, territory, province, or
other jurisdiction may provide copies of state examination
reports and reports of condition of the savings bank to the
regulator having oversight responsibility with regard to its
operations in that other jurisdiction, including the regulator of
savings associations in the event such a savings bank is transacting savings and loan business pursuant to RCW 32.08.142
in that other jurisdiction.
(6) No savings bank headquartered in another state may
establish, or acquire pursuant to RCW 32.32.500, and operate
branches as a savings bank in any place within the state
unless:
(a) The savings bank has filed with the director an agreement to comply with the requirements of RCW 30.38.040 for
periodic reports by the savings bank or by the appropriate
state superintendent or equivalent regulator of the savings
bank under the laws of the state in which the savings bank is
incorporated, unless the laws expressly require the provision
of all the reports to the director;
(b) The savings bank has filed with the director (i) a duly
executed instrument in writing, by its terms of indefinite
duration and irrevocable, appointing the director and his or
her successors its true and lawful attorney, upon whom all
process in any action or proceeding against it in a cause of
action arising out of business transacted by such savings bank
in this state, may be served with the same force and effect as
if it were a domestic corporation and had been lawfully
served with process within the state, and (ii) a written certificate of designation, which may be changed from time to time
by the filing of a new certificate of designation, specifying
the name and address of the officer, agent, or other person to
whom such process shall be forwarded by the director;
(c) The savings bank has supplied the director with such
information as he or she shall require by rule, not to exceed
the information on which the director may rely in approving
a branch application pursuant to this section by a savings
bank headquartered in this state; and
(d) The laws of the state in which the out-of-state savings
bank is chartered permit savings banks chartered under this
title to establish or acquire, and maintain branches in that
state, under terms and conditions that are substantially the
same as, or at least as favorable to, the terms and conditions
for the chartering of savings banks under this title.
(7) A savings bank headquartered in another state may
not establish and operate branches as a foreign savings association in any place within the state except upon compliance
with chapter 33.32 RCW.
(8) Notwithstanding any provision of this title to the contrary, an out-of-state depository institution may not branch in
the state of Washington, unless a Washington state bank,
bank holding company, savings bank, savings bank holding
company, savings and loan association, or savings and loan
holding company is permitted to branch in the state in which
that out-of-state depository institution is chartered or in
which its principal office is located, under terms and conditions that are substantially the same as, or at least as favorable
to entry as, the terms and conditions for branching of savings
banks under this title. As used in this subsection, "out-of(2008 Ed.)
General Provisions
state depository institution" means a bank or bank holding
company, or a converted mutual savings bank or the holding
company of a mutual savings bank, which is chartered in or
whose principal office is located in another state, or a savings
and loan association or the holding company of a savings and
loan association, which is chartered in another state. [2005 c
348 § 4; 1996 c 2 § 21. Prior: 1994 c 256 § 93; 1994 c 92 §
294; 1985 c 56 § 2; 1955 c 80 § 1; 1955 c 13 § 32.04.030;
prior: 1933 c 143 § 1; 1925 ex.s. c 86 § 10; 1915 c 175 § 15;
RRS § 3344.]
Effective date—2005 c 348: See note following RCW 30.38.005.
Severability—1996 c 2: See RCW 30.38.900.
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.04.035
32.04.035 Agency agreements—Written notice to
director. On or before the date on which a mutual savings
bank enters into any agency agreement authorizing another
entity, as agent of the mutual savings bank, to receive deposits or renew time deposits, the mutual savings bank shall give
written notice to the director of the existence of the agency
agreement. The notice is not effective until it has been delivered to the office of the director. [1996 c 2 § 22.]
Severability—1996 c 2: See RCW 30.38.900.
32.04.050
32.04.050 Reports. A savings bank shall render to the
director, in such form as he or she shall prescribe, at least
three regular reports each year exhibiting its resources and
liabilities as of such dates as the director shall designate,
which shall be the dates designated by the comptroller of the
currency of the United States for reports of national banking
associations. Every such report, in a condensed form to be
prescribed by the director, shall be published once in a newspaper of general circulation, published in the place where the
bank is located. A savings bank shall also make such special
reports as the director shall call for. A regular report shall be
filed with the director within thirty days and proof of the publication thereof within forty days from the date of the issuance of the call for the report. A special report shall be filed
within such time as the director shall indicate in the call
therefor. A savings bank that fails to file within the prescribed time any report required by this section or proof of
the publication of any report required to be published shall be
subject to a penalty to the state of fifty dollars for each day’s
delay, recoverable by a civil action brought by the attorney
general in the name of the state. [1994 c 92 § 296; 1977 ex.s.
c 241 § 1; 1955 c 13 § 32.04.050. Prior: 1925 ex.s. c 86 § 13;
1915 c 175 § 39; RRS § 3368a.]
32.04.100
32.04.080 Employees’ pension, retirement, or health
insurance benefits—Payment. A mutual savings bank may
provide for pensions or retirement benefits for its disabled or
superannuated employees or health insurance benefits for its
employees and may pay a part or all of the cost of providing
such pensions or benefits in accordance with a plan adopted
by its board of trustees or a board committee, none of whose
members is an officer of the bank. The board of trustees of a
savings bank or such a committee of the board may set aside
from current earnings reserves in such amounts as the board
or the committee shall deem wise to provide for the payment
of future pensions or benefits. [1999 c 14 § 14. Prior: 1994
c 256 § 95; 1994 c 92 § 297; 1955 c 80 § 2; 1955 c 13 §
32.04.080; prior: 1949 c 119 § 1; 1937 c 64 § 2; 1935 c 87 §
1; Rem. Supp. 1949 § 3366-1.]
32.04.080
Severability—1999 c 14: See RCW 32.35.900.
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.04.082 Pension, retirement, or health insurance
benefits—Waiver by bank of offsets attributable to social
security. With respect to pension payments or retirement or
health insurance benefits payable by a mutual savings bank to
any employee heretofore or hereafter retired, such bank may
waive all or any part of any offsets thereto attributable to
social security benefits receivable by such employee. [1999
c 14 § 15; 1957 c 80 § 7.]
32.04.082
Severability—1999 c 14: See RCW 32.35.900.
32.04.085 Pension, retirement, or health insurance
benefits—Supplementation. Any pension payment or
retirement or health insurance benefits payable by a mutual
savings bank to a former officer or employee, or to a person
or persons entitled thereto by virtue of service performed by
such officer or employee, in the discretion of a majority of all
the trustees of such bank, may be supplemented from time to
time. The board of trustees of a savings bank or a board committee, none of whose members is an officer of the bank, may
set aside from current earnings, reserves in such amounts as
the board or the committee shall deem appropriate to provide
for the payments of future supplemental payments. [1999 c
14 § 16. Prior: 1994 c 256 § 96; 1994 c 92 § 298; 1971 ex.s.
c 222 § 1.]
32.04.085
Severability—1999 c 14: See RCW 32.35.900.
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1971 ex.s. c 222: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 ex.s. c 222 § 9.]
32.04.100 Penalty for falsification. Every person who
knowingly subscribes to or makes or causes to be made any
false statement or false entry in the books of any savings
bank, or knowingly subscribes to or exhibits any false or fictitious security, document or paper, with the intent to deceive
any person authorized to examine into the affairs of any savings bank, or makes or publishes any false statement of the
amount of the assets or liabilities of any such savings bank is
guilty of a class B felony punishable according to chapter
9A.20 RCW. [2003 c 53 § 194; 1955 c 13 § 32.04.100. Prior:
1931 c 132 § 11; RRS § 3379b.]
32.04.100
32.04.070
32.04.070 Certified copies of records as evidence.
Copies from the records, books, and accounts of a savings
bank shall be competent evidence in all cases, equal with
originals thereof, if there is annexed to such copies an affidavit taken before a notary public or clerk of a court under seal,
stating that the affiant is the officer of the bank having charge
of the original records, and that the copy is true and correct
and is full so far as the same relates to the subject matter
therein mentioned. [1955 c 13 § 32.04.070. Prior: 1915 c
175 § 47; RRS § 3376.]
(2008 Ed.)
[Title 32 RCW—page 3]
32.04.110
Title 32 RCW: Mutual Savings Banks
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
32.04.110 Penalty for concealing or destroying evidence. Every trustee, officer, employee, or agent of any savings bank who for the purpose of concealing any fact suppresses any evidence against himself or herself, or against
any other person, or who abstracts, removes, mutilates,
destroys, or secretes any paper, book, or record of any savings bank, or of the director, or anyone connected with his or
her office is guilty of a class B felony punishable according to
chapter 9A.20 RCW. [2003 c 53 § 195; 1994 c 92 § 299;
1955 c 13 § 32.04.110. Prior: 1931 c 132 § 12; RRS §
3379c.]
32.04.110
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
32.04.120 Specific penalties invoked. The provisions
of RCW 9.24.050, 9.24.040 and 9.24.030 shall apply to the
corporations authorized under this title. [1955 c 13 §
32.04.120. Prior: 1915 c 175 § 50; RRS § 3379.]
32.04.120
32.04.130 General penalty. Any person who does anything forbidden by chapter 32.04, 32.08, 32.12, 32.16 or
32.24 RCW of this title for which a penalty is not provided in
this title, or in some other law of the state, shall be guilty of a
gross misdemeanor and be punished accordingly. [1955 c 13
§ 32.04.130. Prior: 1915 c 175 § 51; RRS § 3380.]
32.04.130
trolled by the savings bank or holding company; may
appraise and revalue such corporations’ investments and
securities; and shall have full access to all the books, records,
papers, securities, correspondence, bank accounts, and other
papers of such corporations for such purposes. The director
may, in his or her discretion, accept in lieu of the examinations required in this section the examinations conducted at
the direction of the federal reserve board or the Federal
Deposit Insurance Corporation. Any willful false swearing in
any examination is perjury in the second degree.
(2) The director may enter into cooperative and reciprocal agreements with the bank regulatory authorities of the
United States, any state, the District of Columbia, or any trust
territory of the United States for the periodic examination of
domestic savings banks or holding companies owning banking institutions in other states, the District of Columbia, or
trust territories, and subsidiaries of such domestic savings
banks and holding companies, or of out-of-state holding companies owning a savings bank the principal operations of
which are conducted in this state. The director may accept
reports of examination and other records from such authorities in lieu of conducting his or her own examinations. The
director may enter into joint actions with other regulatory
bodies having concurrent jurisdiction or may enter into such
actions independently to carry out his or her responsibilities
under this title and assure compliance with the laws of this
state. [1994 c 92 § 300; 1989 c 180 § 4.]
32.04.220 Examination reports and information—
Confidential—Privileged—Penalty. (1) All examination
reports and all information obtained by the director and the
director’s staff in conducting examinations of mutual savings
banks, and information obtained by the director and the director’s staff from other state or federal bank regulatory authorities with whom the director has entered into agreements pursuant to RCW 32.04.211, and information obtained by the
director and the director’s staff relating to examination and
supervision of holding companies owning a savings bank in
this state or subsidiaries of such holding companies, is confidential and privileged information and shall not be made public or otherwise disclosed to any person, firm, corporation,
agency, association, governmental body, or other entity.
(2) Subsection (1) of this section notwithstanding, the
director may furnish all or any part of examination reports
prepared by the director’s office to:
(a) Federal agencies empowered to examine mutual savings banks;
(b) Bank regulatory authorities with whom the director
has entered into agreements pursuant to RCW 32.04.211, and
other bank regulatory authorities who are the primary regulatory authority or insurer of accounts for a holding company
owning a savings bank the principal operations of which are
conducted in this state or a subsidiary of such holding company; provided that the director shall first find that the reports
of examination to be furnished shall receive protection from
disclosure comparable to that accorded by this section;
(c) Officials empowered to investigate criminal charges
subject to legal process, valid search warrant, or subpoena. If
the director furnishes any examination report to officials
empowered to investigate criminal charges, the director may
only furnish that part of the report which is necessary and
32.04.220
32.04.150 Cost of examination. See RCW 30.04.070.
32.04.150
32.04.170 Conversion to mutual savings bank of savings and loan association. See chapter 33.44 RCW.
32.04.170
32.04.190 Bank stabilization act.
RCW.
32.04.190
See chapter 30.56
32.04.200 Capital notes or debentures.
30.36 RCW.
See chapter
32.04.210 Saturday closing authorized.
30.04.330.
See RCW
32.04.200
32.04.210
32.04.211 Examinations directed—Cooperative
agreements and actions. (1) The director, assistant director,
or an examiner shall visit each savings bank at least once
every eighteen months, and oftener if necessary, for the purpose of making a full investigation into the condition of such
corporation, and for that purpose they are hereby empowered
to administer oaths and to examine under oath any director,
officer, employee, or agent of such corporation. The director
may make such other full or partial examinations as deemed
necessary and may examine any holding company that owns
any portion of a savings bank chartered by the state of Washington and obtain reports of condition for any holding company that owns any portion of a savings bank chartered by the
state of Washington. The director may visit and examine into
the affairs of any nonpublicly held corporation in which the
savings bank or holding company has an investment or any
publicly held corporation the capital stock of which is con32.04.211
[Title 32 RCW—page 4]
(2008 Ed.)
General Provisions
pertinent to the investigation, and the director may do this
only after notifying the affected mutual savings bank and any
customer of the mutual savings bank who is named in that
part of the report of the order to furnish the part of the examination report unless the officials requesting the report first
obtain a waiver of the notice requirement from a court of
competent jurisdiction for good cause;
(d) The examined savings bank or holding company
thereof;
(e) The attorney general in his or her role as legal advisor
to the director;
(f) Liquidating agents of a distressed savings bank;
(g) A person or organization officially connected with
the savings bank as officer, director, attorney, auditor, or
independent attorney or independent auditor;
(h) The Washington public deposit protection commission as provided by RCW 39.58.105.
(3) All examination reports furnished under subsections
(2) and (4) of this section shall remain the property of the
department of financial institutions, and be confidential, and
no person, agency, or authority to whom reports are furnished
or any officer, director, or employee thereof shall disclose or
make public any of the reports or any information contained
therein except in published statistical material that does not
disclose the affairs of any individual or corporation: PROVIDED, That nothing herein shall prevent the use in a criminal prosecution of reports furnished under subsection (2) of
this section.
(4) The examination report made by the department of
financial institutions is designed for use in the supervision of
the mutual savings bank, and the director may furnish a copy
of the report to the mutual savings bank examined. The
report shall remain the property of the director and will be
furnished to the mutual savings bank solely for its confidential use. Under no circumstances shall the mutual savings
bank or any of its trustees, officers, or employees disclose or
make public in any manner the report or any portion thereof,
to any person or organization not connected with the savings
bank as officer, director, employee, attorney, auditor, or candidate for executive office with the bank. The savings bank
may also, after execution of an agreement not to disclose
information in the report, disclose the report or relevant portions thereof to a party proposing to acquire or merge with the
savings bank.
(5) Examination reports and information obtained by the
director and the director’s staff in conducting examinations,
or from other state and federal bank regulatory authorities
with whom the director has entered into agreements pursuant
to RCW 32.04.211, or relating to examination and supervision of holding companies owning a savings bank the principal operations of which are conducted in this state or a subsidiary of such holding company, shall not be subject to public disclosure under chapter 42.56 RCW.
(6) In any civil action in which the reports are sought to
be discovered or used as evidence, any party may, upon
notice to the director, petition the court for an in camera
review of the report. The court may permit discovery and
introduction of only those portions of the report which are
relevant and otherwise unobtainable by the requesting party.
This subsection shall not apply to an action brought or
defended by the director.
(2008 Ed.)
32.04.250
(7) This section shall not apply to investigation reports
prepared by the director and the director’s staff concerning an
application for a new mutual savings bank or an application
for a branch of a mutual savings bank: PROVIDED, That the
director may adopt rules making confidential portions of the
reports if in the director’s opinion the public disclosure of the
portions of the report would impair the ability to obtain the
information which the director considers necessary to fully
evaluate the application.
(8) Every person who violates any provision of this section shall forfeit the person’s office or employment and be
guilty of a gross misdemeanor. [2005 c 274 § 258; 1994 c 92
§ 301; 1989 c 180 § 5; 1977 ex.s. c 245 § 2.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Severability—1977 ex.s. c 245: See note following RCW 30.04.075.
Examination reports and information from financial institutions exempt:
RCW 42.56.400.
32.04.250 Violations or unsafe practices—Notice of
charges—Grounds—Contents of notice—Hearing—
Cease and desist orders. (1) The director may issue and
serve upon a mutual savings bank a notice of charges if in the
opinion of the director any mutual savings bank:
(a) Is engaging or has engaged in an unsafe or unsound
practice in conducting the business of the mutual savings
bank;
(b) Is violating or has violated the law, rule, or any condition imposed in writing by the director in connection with
the granting of any application or other request by the mutual
savings bank or any written agreement made with the director; or
(c) Is about to do the acts prohibited in (a) or (b) of this
subsection when the opinion that the threat exists is based
upon reasonable cause.
(2) The notice shall contain a statement of the facts constituting the alleged violation or violations or the practice or
practices and shall fix a time and place at which a hearing will
be held to determine whether an order to cease and desist
should issue against the mutual savings bank. The hearing
shall be set not earlier than ten days nor later than thirty days
after service of the notice, unless a later date is set by the
director at the request of the mutual savings bank.
Unless the mutual savings bank shall appear at the hearing by a duly authorized representative, it shall be deemed to
have consented to the issuance of the cease and desist order.
In the event of this consent or if upon the record made at the
hearing the director finds that any violation or practice specified in the notice of charges has been established, the director
may issue and serve upon the mutual savings bank an order to
cease and desist from the violation or practice. The order may
require the mutual savings bank and its trustees, officers,
employees, and agents to cease and desist from the violation
or practice and may require the mutual savings bank to take
affirmative action to correct the conditions resulting from the
violation or practice.
(3) A cease and desist order shall become effective at the
expiration of ten days after the service of the order upon the
mutual savings bank concerned, except that a cease and desist
order issued upon consent shall become effective at the time
specified in the order and shall remain effective as provided
32.04.250
[Title 32 RCW—page 5]
32.04.260
Title 32 RCW: Mutual Savings Banks
therein, unless it is stayed, modified, terminated, or set aside
by action of the director or a reviewing court. [1994 c 92 §
302; 1979 c 46 § 1.]
Severability—1979 c 46: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1979 c 46 § 11.]
32.04.260 Violations or unsafe practices—Temporary cease and desist orders. Whenever the director determines that the acts specified in RCW 32.04.250 or their continuation is likely to cause insolvency or substantial dissipation of assets or earnings of the mutual savings bank or to
otherwise seriously prejudice the interest of its depositors, the
director may also issue a temporary order requiring the
mutual savings bank to cease and desist from the violation or
practice. The order shall become effective upon service on
the mutual savings bank and, unless set aside, limited, or suspended by a court in proceedings under RCW 32.04.270,
shall remain effective pending the completion of the administrative proceedings under the notice and until such time as the
director shall dismiss the charges specified in the notice or
until the effective date of a cease and desist order issued
against the mutual savings bank under RCW 32.04.250.
[1994 c 92 § 303; 1979 c 46 § 2.]
32.04.260
Severability—1979 c 46: See note following RCW 32.04.250.
32.04.270 Violations or unsafe practices—Injunction
to set aside temporary cease and desist order. Within ten
days after a mutual savings bank has been served with a temporary cease and desist order, the mutual savings bank may
apply to the superior court in the county of its principal place
of business for an injunction setting aside, limiting, or suspending the order pending the completion of the administrative proceedings pursuant to the notice served under RCW
32.04.250.
The superior court shall have jurisdiction to issue the
injunction. [1979 c 46 § 3.]
32.04.270
Severability—1979 c 46: See note following RCW 32.04.250.
32.04.280 Violation of temporary cease and desist
order—Injunction to enforce order. In the case of a violation or threatened violation of a temporary cease and desist
order issued under RCW 32.04.260, the director may apply to
the superior court of the county of the principal place of business of the mutual savings bank for an injunction to enforce
the order. The court shall issue an injunction if it determines
there has been a violation or threatened violation. [1994 c 92
§ 304; 1979 c 46 § 4.]
32.04.280
Severability—1979 c 46: See note following RCW 32.04.250.
32.04.290 Administrative hearing provided for in
RCW 32.04.250 or 32.16.093—Procedure—Order—Judicial review. (1) Any administrative hearing provided in
RCW 32.04.250 or 32.16.093 may be held at such place as is
designated by the director and shall be conducted in accordance with chapter 34.05 RCW. The hearing shall be private
unless the director determines that a public hearing is necessary to protect the public interest after fully considering the
views of the party afforded the hearing.
32.04.290
[Title 32 RCW—page 6]
Within sixty days after the hearing, the director shall render a decision which shall include findings of fact upon
which the decision is based and shall issue and serve upon
each party to the proceeding an order or orders consistent
with RCW 32.04.250 or 32.16.093, as the case may be.
Unless a petition for review is timely filed in the superior
court of the county of the principal place of business of the
affected mutual savings bank under subsection (2) of this section, and until the record in the proceeding has been filed as
provided therein, the director may at any time modify, terminate, or set aside any order upon such notice and in such manner as he or she shall deem proper. Upon filing the record, the
director may modify, terminate, or set aside any order only
with permission of the court.
The judicial review provided in this section shall be
exclusive for orders issued under RCW 32.04.250 and
32.16.093.
(2) Any party to the proceeding or any person required
by an order, temporary order, or injunction issued under
RCW 32.04.250, 32.04.260, 32.04.280, or 32.16.093 to
refrain from any of the violations or practices stated therein
may obtain a review of any order served under subsection (1)
of this section other than one issued upon consent by filing in
the superior court of the county of the principal place of business of the affected mutual savings bank within ten days after
the date of service of the order a written petition praying that
the order of the director be modified, terminated, or set aside.
A copy of the petition shall be immediately served upon the
director and the director shall then file in the court the record
of the proceeding. The court shall have jurisdiction upon the
filing of the petition, which jurisdiction shall become exclusive upon the filing of the record, to affirm, modify, terminate, or set aside in whole or in part the order of the director
except that the director may modify, terminate, or set aside an
order with the permission of the court. The judgment and
decree of the court shall be final, except that it shall be subject to appellate review under the rules of court.
(3) The commencement of proceedings for judicial
review under subsection (2) of this section shall not operate
as a stay of any order issued by the director unless specifically ordered by the court.
(4) Service of any notice or order required to be served
under RCW 32.04.250, 32.04.260, or 32.16.093, or under
RCW 32.16.090, as now or hereafter amended, shall be
accomplished in the same manner as required for the service
of process in civil actions in superior courts of this state.
[1994 c 92 § 305; 1979 c 46 § 5.]
Severability—1979 c 46: See note following RCW 32.04.250.
32.04.300
32.04.300 Jurisdiction of courts as to cease and desist
orders, orders to remove trustee, officer, or employee, etc.
The director may apply to the superior court of the county of
the principal place of business of the mutual savings bank
affected for the enforcement of any effective and outstanding
order issued under RCW 32.04.250 or 32.16.093, and the
court shall have jurisdiction to order compliance therewith.
No court shall have jurisdiction to affect by injunction or
otherwise the issuance or enforcement of any such order, or
to review, modify, suspend, terminate, or set aside any such
(2008 Ed.)
Organization and Powers
order, except as provided in RCW 32.04.270, 32.04.280, and
32.04.290. [1994 c 92 § 306; 1979 c 46 § 6.]
Severability—1979 c 46: See note following RCW 32.04.250.
32.04.310 Automated teller machines and night
depositories security. Chapter 19.174 RCW applies to automated teller machines and night depositories regulated under
this title. [1993 c 324 § 12.]
32.04.310
Effective date—1993 c 324: See RCW 19.174.900.
32.04.320 Director—Powers under chapter 19.144
RCW. The director or the director’s designee may take such
action as provided for in this title to enforce, investigate, or
examine persons covered by chapter 19.144 RCW. [2008 c
108 § 18.]
32.04.320
Findings—2008 c 108: See RCW 19.144.005.
Chapter 32.08
Chapter 32.08 RCW
ORGANIZATION AND POWERS
Sections
32.08.010
32.08.020
32.08.025
32.08.030
32.08.040
32.08.050
32.08.060
32.08.061
32.08.070
32.08.080
32.08.090
32.08.100
32.08.110
32.08.115
32.08.116
32.08.120
32.08.130
32.08.140
32.08.142
32.08.145
32.08.146
32.08.148
32.08.150
32.08.153
32.08.155
32.08.157
32.08.160
32.08.170
32.08.180
32.08.190
32.08.210
32.08.215
32.08.220
32.08.225
32.08.230
Authority to organize—Incorporators—Certificate.
Notice of intention.
Limited liability company—Organization or conversion—
Approval of director—Conditions—Application of chapter
25.15 RCW—Definitions.
Submission of certificate—Proof of service of notice.
Examination and action by director.
Appeal from adverse decision.
Procedure upon approval.
Extension of period of existence—Procedure.
Authorization certificate.
Conditions precedent to reception of deposits.
Expense fund—Agreement to contribute further—Security.
Guaranty fund.
Guaranty fund—Purpose.
Guaranty fund—Payment of interest and dividends—Legislative declaration.
Guaranty fund—Payment of interest and dividends—When
authorized.
Guaranty fund—Replenishment—Dividends.
Reimbursement fund.
Powers of bank.
Additional powers—Powers of federal mutual savings bank.
Safe deposit companies.
Additional powers—Powers and authorities granted to federal
mutual savings banks after July 27, 2003—Restrictions.
Operation of branch outside Washington—Powers and authorities.
Certificates of deposit.
Additional powers—Powers and authorities of national banks
as of July 27, 2003.
Additional powers—Powers and authorities conferred upon
national banks after July 27, 2003—Restrictions.
Additional powers—Powers and authorities of banks.
Writing of fire insurance restricted.
Effect of failure to organize or commence business.
Extension of existence.
May borrow from home loan bank.
Power to act as trustee—Authorized trusts—Limitations—
Application to act as trustee, fee—Approval or refusal of
application—Right of appeal—Use of word "trust".
Power to act as trustee for common trust funds under multiple
trust agreements—Conditions.
Findings—Purpose.
Sale, purchase, etc., of interest rate exchange agreements,
loans, or interests therein.
Restrictions and requirements by director.
Federal bonds and notes as investment of collateral: Chapter 39.60 RCW.
32.08.010 Authority to organize—Incorporators—
Certificate. When authorized by the director, as hereinafter
32.08.010
(2008 Ed.)
32.08.025
provided, not less than nine nor more than thirty persons may
form a corporation to be known as a "mutual savings bank."
Such persons must be citizens of the United States; at least
four-fifths of them must be residents of this state, and at least
two-thirds of them must be residents of the county where the
bank is to be located and its business transacted. They shall
subscribe an incorporation certificate in triplicate which shall
specifically state:
(1) The name by which the savings bank is to be known,
which name shall include the words "mutual savings bank";
(2) The place where the bank is to be located, and its
business transacted, naming the city or town and county;
(3) The name, occupation, residence, and post office
address of each incorporator;
(4) The sums which each incorporator will contribute in
cash to the initial guaranty fund, and to the expense fund
respectively, as provided in RCW 32.08.090 and 32.08.100;
(5) Any provision the incorporators elect to so set forth
which is permitted by RCW 23B.17.030;
(6) Any other provision the incorporators elect to so set
forth which is not inconsistent with this chapter;
(7) A declaration that each incorporator will accept the
responsibilities and faithfully discharge the duties of a trustee
of the savings bank, and is free from all the disqualifications
specified in RCW 32.16.010. [1994 c 256 § 97; 1994 c 92 §
307; 1955 c 13 § 32.08.010. Prior: 1915 c 175 § 1; 1905 c
129 § 2; RRS § 3313.]
Reviser’s note: This section was amended by 1994 c 92 § 307 and by
1994 c 256 § 97, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.08.020 Notice of intention. At the time of executing
the incorporation certificate, the proposed incorporators shall
sign a notice of intention to organize the mutual savings
bank, which shall specify their names, the name of the proposed corporation, and its location as set forth in the incorporation certificate. The original of such notice shall be filed in
the office of the director within sixty days after the date of its
execution, and a copy thereof shall be published at least once
a week for four successive weeks in a newspaper designated
by the director, the publication to be commenced within
thirty days after such designation. At least fifteen days before
the incorporation certificate is submitted to the director for
examination, as provided in RCW 32.08.030, a copy of such
notice shall be served upon each savings bank doing business
in the city or town named in the incorporation certificate, by
mailing such copy (postage prepaid) to such bank. [1994 c 92
§ 308; 1955 c 13 § 32.08.020. Prior: 1915 c 175 § 2; RRS §
3314.]
32.08.020
32.08.025 Limited liability company—Organization
or conversion—Approval of director—Conditions—
Application of chapter 25.15 RCW—Definitions. (1) Notwithstanding any other provision of this title, if the conditions
of this section are met, a savings bank, or a holding company
of a savings bank, may be organized as, or convert to, a limited liability company under the Washington limited liability
company act, chapter 25.15 RCW. As used in this section,
"savings bank" includes an applicant to become a savings
32.08.025
[Title 32 RCW—page 7]
32.08.025
Title 32 RCW: Mutual Savings Banks
bank or holding company of a savings bank, and "holding
company" means a holding company of a savings bank.
(2)(a) Before a savings bank or holding company may
organize as, or convert to, a limited liability company, the
savings bank or holding company must obtain approval of the
director.
(b)(i) To obtain approval under this section from the
director, the savings bank or holding company must file a
request for approval with the director at least ninety days
before the day on which the savings bank or holding company becomes a limited liability company.
(ii) If the director does not disapprove the request for
approval within ninety days from the day on which the director receives the request, the request is considered approved.
(iii) When taking action on a request for approval filed
under this section, the director may:
(A) Approve the request;
(B) Approve the request subject to terms and conditions
the director considers necessary; or
(C) Disapprove the request.
(3) To approve a request for approval, the director must
find that the savings bank or holding company:
(a) Will operate in a safe and sound manner; and
(b) Has the following characteristics:
(i) The certificate of formation and limited liability company require or set forth that the duration of the limited liability company is perpetual;
(ii) The savings bank or holding company is not otherwise subject to automatic termination, dissolution, or suspension upon the happening of some event other than the passage
of time;
(iii) The exclusive authority to manage the savings bank
or holding company is vested in a board of managers or directors that:
(A) Is elected or appointed by the owners;
(B) Is not required to have owners of the savings bank or
holding company included on the board;
(C) Possesses adequate independence and authority to
supervise the operation of the savings bank or holding company; and
(D) Operates with substantially the same rights, powers,
privileges, duties, and responsibilities as the board of directors of a corporation;
(iv) Neither state law, nor the savings bank’s or holding
company’s operating agreement, bylaws, or other organizational documents provide that an owner of the savings bank
or holding company is liable for the debts, liabilities, and
obligations of the savings bank or holding company in excess
of the amount of the owner’s investment;
(v) Neither state law, nor the savings bank’s or holding
company’s operating agreement, bylaws, or other organizational documents require the consent of any other owner of
the savings bank or holding company in order for any owner
to transfer an ownership interest in the savings bank or holding company, including voting rights;
(vi) The savings bank or holding company is able to
obtain new investment funding if needed to maintain adequate capital;
(vii) The savings bank or holding company is able to
comply with all legal and regulatory requirements for a federally insured depository bank, or holding company of a fed[Title 32 RCW—page 8]
erally insured depository bank, under applicable federal and
state law; and
(viii) A savings bank or holding company that is organized as a limited liability company shall maintain the characteristics listed in this subsection (3)(b) during such time as
it is authorized to conduct business under this title as a limited liability company.
(4)(a) All rights, privileges, powers, duties, and obligations of a savings bank or holding company, that is organized
as a limited liability company, and its members and managers
are governed by the Washington limited liability company
act, chapter 25.15 RCW, except:
(i) To the extent chapter 25.15 RCW is in conflict with
federal law or regulation respecting the organization of a federally insured depository institution as a limited liability
company, such federal law or regulation supersedes the conflicting provisions contained in chapter 25.15 RCW in relation to a savings bank or holding company organized as a
limited liability company pursuant to this section; and
(ii) Without limitation, the following are inapplicable to
a savings bank or holding company organized as a limited liability company:
(A) Permitting automatic dissolution or suspension of a
limited liability company as set forth in RCW 25.15.270(1),
pursuant to a statement of limited duration which, though
impermissible under subsection (3)(b)(i) of this section, has
been provided for in a certificate of formation;
(B) Permitting automatic dissolution or suspension of a
limited liability company, pursuant to the limited liability
company agreement, as set forth in RCW 25.15.270(2);
(C) Permitting dissolution of the limited liability company agreement based upon agreement of all the members, as
set forth in RCW 25.l5.270(3);
(D) Permitting dissociation of all the members of the
limited liability company, as set forth in RCW 25.l5.270(4);
and
(E) Permitting automatic dissolution or suspension of a
limited liability company, pursuant to operation of law, as
otherwise set forth in chapter 25.15 RCW.
(b) Notwithstanding (a) of this subsection:
(i) For purposes of transferring a member’s interests in
the savings bank or holding company, a member’s interest in
the savings bank or holding company is treated like a share of
stock in a corporation; and
(ii) If a member’s interest in the savings bank or holding
company is transferred voluntarily or involuntarily to another
person, the person who receives the member’s interest
obtains the member’s entire rights associated with the member’s interest in the savings bank or holding company including, all economic rights and all voting rights.
(c) A savings bank or holding company may not by
agreement or otherwise change the application of (a) of this
subsection to the savings bank or holding company.
(5)(a) Notwithstanding any provision of chapter 25.15
RCW or this section to the contrary, all voting members
remain liable and responsible as fiduciaries of a savings bank
or holding company organized as a limited liability company,
regardless of resignation, dissociation, or disqualification, to
the same extent that directors of a savings bank or holding
company organized as a corporation would be or remain lia(2008 Ed.)
Organization and Powers
ble or responsible to the department and applicable federal
banking regulators; and
(b) If death, incapacity, or disqualification of all members of the limited liability company would result in a complete dissociation of all members, then the savings bank or
holding company, or both, as applicable is deemed nonetheless to remain in existence for purposes of the department or
an applicable federal regulator, or both, having standing
under RCW 32.24.090 or applicable federal law, or both, to
exercise the powers and authorities of a receiver for the savings bank or holding company.
(6) For the purposes of this section, and unless the context clearly requires otherwise, for the purpose of applying
chapter 25.15 RCW to a savings bank or holding company
organized as a limited liability company:
(a) "Articles of incorporation" includes a limited liability
company’s certificate of formation, as that term is used in
RCW 25.15.005(1) and 25.15.070, and a limited liability
company agree m ent as t h at ter m is us ed in R C W
25.15.005(5);
(b) "Board of directors" includes one or more persons
who have, with respect to a savings bank or holding company
described in subsection (1) of this section, authority that is
substantially similar to that of a board of directors of a corporation;
(c) "Bylaws" includes a limited liability company agreement as that term is defined in RCW 25.15.005(5);
(d) "Corporation" includes a limited liability company
organized under chapter 25.15 RCW;
(e) "Director" includes any of the following of a limited
liability company:
(i) A manager;
(ii) A director; or
(iii) Other person who has, with respect to the savings
bank or holding company described in subsection (1) of this
section, authority substantially similar to that of a director of
a corporation;
(f) "Dividend" includes distributions made by a limited
liability company under RCW 25.15.215;
(g) "Incorporator" includes the person or persons executing the certificate of formation as provided in RCW
25.15.085(1);
(h) "Officer" includes any of the following of a savings
bank or holding company:
(i) An officer; or
(ii) Other person who has, with respect to the savings
bank or holding company, authority substantially similar to
that of an officer of a corporation;
(i) "Security," "shares," or "stock" of a corporation
includes a membership interest in a limited liability company
and any certificate or other evidence of an ownership interest
in a limited liability company; and
(j) "Stockholder" or "shareholder" includes an owner of
an equity interest in a savings bank or holding company,
including a member as defined in RCW 25.15.005(8) and
25.15.115. [2006 c 48 § 3.]
32.08.030 Submission of certificate—Proof of service
of notice. After the lapse of at least twenty-eight days from
the date of the first due publication of the notice of intention
to incorporate, and within ten days after the date of the last
32.08.030
(2008 Ed.)
32.08.060
publication thereof, the incorporation certificate executed in
triplicate shall be submitted for examination to the director at
his or her office in Olympia, with affidavits showing due
publication and service of the notice of intention to organize
prescribed in RCW 32.08.020. [1994 c 92 § 309; 1955 c 13 §
32.08.030. Prior: 1915 c 175 § 3; RRS § 3315.]
32.08.040 Examination and action by director. When
any such certificate has been filed for examination the director shall thereupon ascertain from the best source of information at his or her command, and by such investigation as he or
she may deem necessary, whether the character, responsibility, and general fitness of the person or persons named in
such certificate are such as to command confidence and warrant belief that the business of the proposed bank will be honestly and efficiently conducted in accordance with the intent
and purpose of this title, and whether the public convenience
and advantage will be promoted by allowing such proposed
bank to be incorporated and engage in business, and whether
greater convenience and access to a savings bank would be
afforded to any considerable number of depositors by opening a mutual savings bank in the place designated, whether
the population in the neighborhood of such place, and in the
surrounding country, affords a reasonable promise of adequate support for the proposed bank, and whether the contributions to the initial guaranty fund and expense fund have
been paid in cash. After the director has satisfied himself or
herself by such investigation whether it is expedient and
desirable to permit such proposed bank to be incorporated
and engage in business, he or she shall within sixty days after
the date of the filing of the certificate for examination indorse
upon each of the triplicates thereof over his or her official signature the word "approved" or the word "refused," with the
date of such indorsement. In case of refusal he or she shall
forthwith return one of the triplicates so indorsed to the proposed incorporators from whom the certificate was received.
[1994 c 92 § 310; 1955 c 13 § 32.08.040. Prior: 1915 c 175 §
4, part; RRS § 3316, part.]
32.08.040
32.08.050 Appeal from adverse decision. From the
director’s refusal to issue a certificate of authorization, the
applicants or a majority of them, may within thirty days from
the date of the filing of the certificate of refusal with the secretary of state, appeal to a board of appeal composed of the
governor or the governor’s designee, the attorney general and
the director by filing in the office of the director a notice that
they appeal to such board from his or her refusal. The procedure upon the appeal shall be such as the board may prescribe, and its determination shall be certified, filed, and
recorded in the same manner as the director’s, and shall be
final. [1994 c 92 § 311; 1979 ex.s. c 57 § 6; 1955 c 13 §
32.08.050. Prior: 1915 c 175 § 4, part; RRS § 3316, part.]
32.08.050
32.08.060 Procedure upon approval. In case of
approval, the director shall forthwith give notice thereof to
the proposed incorporators, and file one of the duplicate certificates in his or her own office, and shall transmit the other
to the secretary of state. Upon receipt from the proposed
incorporators of the same fees as are required for filing and
recording other incorporation certificates, the secretary of
32.08.060
[Title 32 RCW—page 9]
32.08.061
Title 32 RCW: Mutual Savings Banks
state shall file the certificate and record the same. Upon the
filing of said incorporation certificate in duplicate approved
as aforesaid in the offices of the director and the secretary of
state, the persons named therein and their successors shall
thereupon become and be a corporation, which corporation
shall have the powers and be subject to the duties and obligations prescribed in this title and its corporate existence shall
be perpetual, unless sooner terminated pursuant to law, but
such corporation shall not receive deposits or engage in business until authorized so to do by the director as provided in
RCW 32.08.070. [1994 c 92 § 312; 1981 c 302 § 26; 1957 c
80 § 1; 1955 c 13 § 32.08.060. Prior: 1915 c 175 § 4, part;
RRS § 3316, part.]
Severability—1981 c 302: See note following RCW 19.76.100.
32.08.061 Extension of period of existence—Procedure. A mutual savings bank may amend its incorporation
certificate to extend the period of its corporate existence for a
further definite time or perpetually by a resolution adopted by
a majority vote of its board of trustees. Duplicate copies of
the resolution, subscribed and acknowledged by the president
and secretary of such bank, shall be filed in the office of the
director within thirty days after its adoption. If the director
finds that the resolution conforms to law he or she shall,
within sixty days after the date of the filing thereof, endorse
upon each of the duplicates thereof, over his or her official
signature, his or her approval and forthwith give notice
thereof to the bank and shall file one of the certificates in his
or her own office and shall transmit the other to the secretary
of state. Upon receipt from the mutual savings bank of the
same fees as are required of general corporations for filing
corresponding instruments, the secretary of state shall file the
resolution and record the same. Upon the filing of said resolution in duplicate, approved as aforesaid in the offices of the
director and the secretary of state, the corporate existence of
said bank shall continue for the period set forth in said resolution unless sooner terminated pursuant to law. [1994 c 92 §
313; 1981 c 302 § 27; 1963 c 176 § 1; 1957 c 80 § 8.]
32.08.061
Severability—1981 c 302: See note following RCW 19.76.100.
32.08.070 Authorization certificate. Before a mutual
savings bank shall be authorized to do any business the director shall be satisfied that the corporation has in good faith
complied with all the requirements of law and fulfilled all the
conditions precedent to commencing business imposed by
this title. If satisfied that the corporation has in good faith
complied with all the requirements of law, and fulfilled all
the conditions precedent to commencing business imposed
by this title, the director shall within six months after the date
upon which the proposed organization certificate was filed
with him or her for examination, but in no case after the expiration of that period, issue under his or her hand and official
seal in triplicate an authorization certificate to such corporation. Such authorization certificate shall state that the corporation therein named has complied with all the requirements
of law, that it is authorized to transact at the place designated
in its certificate of incorporation, the business of a mutual
savings bank. One of the triplicate authorization certificates
shall be transmitted by the director to the corporation therein
named, and the other two authorization certificates shall be
32.08.070
[Title 32 RCW—page 10]
filed by the director in the same public offices where the certificate of incorporation is filed, and shall be attached to said
incorporation certificate. [1994 c 92 § 314; 1981 c 302 § 28;
1955 c 13 § 32.08.070. Prior: 1915 c 175 § 5; RRS § 3317.]
Severability—1981 c 302: See note following RCW 19.76.100.
32.08.080 Conditions precedent to reception of
deposits. Before such corporation shall be authorized to
receive deposits or transact business other than the completion of its organization, the director shall be satisfied that:
(1) The incorporators have made the deposit of the initial
guaranty fund required by this title;
(2) The incorporators have made the deposit of the
expense fund required by RCW 32.08.090 and if the director
shall so require, have entered into the agreement or undertaking with him or her and have filed the same and the security
therefor as prescribed in said section;
(3) The corporation has transmitted to the director the
name, residence, and post office address of each officer of the
corporation;
(4) Its certificate of incorporation in triplicate has been
filed in the respective public offices designated in this title.
[1994 c 92 § 315; 1955 c 13 § 32.08.080. Prior: 1915 c 175 §
6; RRS § 3318.]
32.08.080
32.08.090 Expense fund—Agreement to contribute
further—Security. Before any mutual savings bank shall be
authorized to do business, its incorporators shall create an
expense fund from which the expense of organizing such
bank and its operating expenses may be paid, until such time
as its earnings are sufficient to pay its operating expenses in
addition to such dividends as may be declared and credited to
its depositors from its earnings. The incorporators shall
deposit to the credit of such savings bank in cash as an
expense fund the sum of five thousand dollars. They shall
also enter into such an agreement or undertaking with the
director as trustee for the depositors with the savings bank as
he or she may require to make such further contributions in
cash to the expense fund as may be necessary to pay its operating expenses until such time as it can pay them from its
earnings, in addition to such dividends as may be declared
and credited to its depositors. Such agreement or undertaking
shall fix the maximum liability assumed thereby which shall
be a reasonable amount approved by the director and the
same shall be secured to his or her satisfaction, which security in his or her discretion may be by a surety bond executed
by a domestic or foreign corporation authorized to transact
within this state the business of surety. The agreement or
undertaking and security shall be filed in the office of the
director. Such agreement or undertaking and such security
need not be made or furnished unless the director shall
require the same. The amounts contributed to the expense
fund of said savings bank by the incorporators or trustees
shall not constitute a liability of the savings bank except as
hereinafter provided. [1994 c 92 § 316; 1955 c 13 §
32.08.090. Prior: 1915 c 175 § 8; RRS § 3320.]
32.08.090
32.08.100 Guaranty fund. Before any mutual savings
bank shall be authorized to do business, its incorporators
shall create a guaranty fund for the protection of its deposi32.08.100
(2008 Ed.)
Organization and Powers
tors against loss on its investments, whether arising from
depreciation in the market value of its securities or otherwise:
(1) Such guaranty fund shall consist of payments in cash
made by the original incorporators and of all sums credited
thereto from the earnings of the savings bank as hereinafter
required.
(2) The incorporators shall deposit to the credit of such
savings bank in cash as an initial guaranty fund at least five
thousand dollars.
(3) Prior to the liquidation of any such savings bank such
guaranty fund shall not be in any manner encroached upon,
except for losses and the repayment of contributions made by
incorporators or trustees as hereinafter provided, until such
fund together with undivided profits exceeds twenty-five percent of the amount due depositors.
(4) The amounts contributed to such guaranty fund by
the incorporators or trustees shall not constitute a liability of
the savings bank, except as hereinafter provided, and any loss
sustained by the savings bank in excess of that portion of the
guaranty fund created from earnings may be charged against
such contributions pro rata. [1955 c 13 § 32.08.100. Prior:
1915 c 175 § 7; RRS § 3319.]
32.08.110 Guaranty fund—Purpose. The contributions of the incorporators, or trustees of any such savings
bank under the provisions of RCW 32.08.100, and the sums
credited thereto from its net earnings under the provisions of
RCW 32.08.120, shall constitute a guaranty fund for the
security of its depositors, and shall be held to meet any contingency or loss in its business from depreciation of its securities or otherwise, and for no other purpose except as provided in RCW 32.08.130, and RCW 32.12.090(5). [1955 c
13 § 32.08.110. Prior: 1915 c 175 § 21; RRS § 3350.]
32.08.110
32.08.115 Guaranty fund—Payment of interest and
dividends—Legislative declaration. It is hereby recognized that the savings banks of the state of Washington are
affected adversely by the uncertainties and ambiguities in the
law relating to guaranty funds. It is the express purpose of the
legislature in enacting RCW 32.08.116 to clarify that the law
permits payment of interest and dividends from the guaranty
funds of savings banks and RCW 32.08.116 shall be liberally
construed to that end. [1982 c 5 § 1.]
32.08.115
32.08.116 Guaranty fund—Payment of interest and
dividends—When authorized. A savings bank not having
net earnings or undivided profits or other surplus may pay
interest and dividends from its guaranty fund upon prior written approval of the director, which approval shall not be withheld unless the director has determined that such payments
would place the savings bank in an unsafe and unsound condition. [1994 c 92 § 317; 1982 c 5 § 2.]
32.08.116
32.08.120 Guaranty fund—Replenishment—Dividends. (1) If at the close of any dividend period the guaranty
fund of a savings bank is less than ten percent of the amount
due to depositors, there shall be deducted from its net earnings and credited to its guaranty fund not less than five percent of its net earnings for such period.
32.08.120
(2008 Ed.)
32.08.140
(2) The balance of its net earnings for such dividend
period, plus any earnings from prior accounting periods not
previously disbursed and not reserved for losses or other contingencies or required to be maintained in the guaranty fund,
shall be available for dividends.
While the trustees of such savings bank are paying its
expenses or any portion thereof, the amounts to be credited to
its guaranty fund shall be computed at the same percentage
upon the total dividends credited to its depositors instead of
upon its net earnings. If the guaranty fund accumulated from
earnings equals or exceeds ten percent of the amount due to
depositors, the minimum dividend shall be four percent, if the
net earnings for such period are sufficient therefor. [1955 c
13 § 32.08.120. Prior: 1941 c 15 § 4; 1929 c 123 § 3; 1927 c
184 § 6; 1915 c 175 § 24; Rem. Supp. 1941 § 3353.]
32.08.130
32.08.130 Reimbursement fund. When the portion of
the guaranty fund created from earnings amounts to not less
than five thousand dollars (including in the case of a savings
bank converted from a building and loan or savings and loan
association or society the amount of the initial guaranty
fund), the board of trustees, with the written consent of the
director, may establish a reimbursement fund from which to
repay contributors to the expense fund and the initial guaranty fund (excepting the initial guaranty fund in the case of a
bank converted from a building and loan or savings and loan
association or society), and may transfer to the reimbursement fund any unexpended balance of contributions to the
expense fund. At the close of each dividend period the trustees may place to the credit of the reimbursement fund not
more than one percent of the net earnings of the bank during
that period. Payments from the reimbursement fund may be
made from time to time in such amounts as the board of trustees shall determine, and shall be made first to the contributors
to the expense fund in proportion to their contributions
thereto until they shall have been repaid in full, and then shall
be made to the contributors to the guaranty fund in proportion
to their contributions thereto until they shall have been repaid
in full. In case of the liquidation of the savings bank before
the contributions to the expense fund and the initial guaranty
fund have been fully repaid as above contemplated, any portion of the contributions not needed for the payment of the
expenses of liquidation and the payment of depositors in full
shall be paid to the contributors to the expense fund in proportion to their contributions thereto until they have been
repaid in full, and then shall be paid to the contributors to the
guaranty fund in proportion to their contributions thereto
until they have been repaid in full. [1994 c 92 § 318; 1955 c
13 § 32.08.130. Prior: 1945 c 135 § 1; 1927 c 178 § 1; 1915
c 175 § 9; Rem. Supp. 1945 § 3321.]
32.08.140
32.08.140 Powers of bank. Every mutual savings bank
incorporated under this title shall have, subject to the restrictions and limitations contained in this title, the following
powers:
(1) To receive deposits of money, to invest the same in
the property and securities prescribed in this title, to declare
dividends in the manner prescribed in this title, and to exercise by its board of trustees or duly authorized officers or
[Title 32 RCW—page 11]
32.08.142
Title 32 RCW: Mutual Savings Banks
agents, subject to law, all such incidental powers as shall be
necessary to carry on the business of a savings bank.
(2) To issue transferable certificates showing the
amounts contributed by any incorporator or trustee to the
guaranty fund of such bank, or for the purpose of paying its
expenses. Every such certificate shall show that it does not
constitute a liability of the savings bank, except as otherwise
provided in this title.
(3) To purchase, hold and convey real property as prescribed in RCW 32.20.280.
(4) To pay depositors as hereinafter provided, and when
requested, pay them by drafts upon deposits to the credit of
the savings bank in any city in the United States, and to
charge current rates of exchange for such drafts.
(5) To borrow money in pursuance of a resolution
adopted by a vote of a majority of its board of trustees duly
entered upon its minutes whereon shall be recorded by ayes
and noes the vote of each trustee, for the purpose of repaying
depositors, and to pledge or hypothecate securities as collateral for loans so obtained. Immediate written notice shall be
given to the director of all amounts so borrowed, and of all
assets so pledged or hypothecated.
(6) Subject to such regulations and restrictions as the
director finds to be necessary and proper, to borrow money in
pursuance of a resolution, policy, or other governing document adopted by its board of trustees, for purposes other than
that of repaying depositors and to pledge or hypothecate its
assets as collateral for any such loans, provided that no
amount shall at any time be borrowed by a savings bank pursuant to this subsection (6), if such amount, together with the
amount then remaining unpaid upon prior borrowings by
such savings bank pursuant to this subsection (6), exceeds
thirty percent of the assets of the savings bank.
The sale of securities or loans by a bank subject to an
agreement to repurchase the securities or loans shall not be
considered a borrowing. Borrowings from federal, state, or
municipal governments or agencies or instrumentalities
thereof shall not be subject to the limits of this subsection.
(7) To collect or protest promissory notes or bills of
exchange owned by such bank or held by it as collateral, and
remit the proceeds of the collections by drafts upon deposits
to the credit of the savings bank in any city in the United
States, and to charge the usual rates or fees for such collection
and remittance for such protest.
(8) To sell gold or silver received in payment of interest
or principal of obligations owned by the savings bank or from
depositors in the ordinary course of business.
(9) To act as insurance agent for the purpose of writing
fire insurance on property in which the bank has an insurable
interest, the property to be located in the city in which the
bank is situated and in the immediate contiguous suburbs,
notwithstanding anything in any other statute to the contrary.
(10) To let vaults, safes, boxes or other receptacles for
the safekeeping or storage of personal property, subject to
laws and regulations applicable to, and with the powers possessed by, safe deposit companies.
(11) To elect or appoint in such manner as it may determine all necessary or proper officers, agents, boards, and
committees, to fix their compensation, subject to the provisions of this title, and to define their powers and duties, and
to remove them at will.
[Title 32 RCW—page 12]
(12) To make and amend bylaws consistent with law for
the management of its property and the conduct of its business.
(13) To wind up and liquidate its business in accordance
with this title.
(14) To adopt and use a common seal and to alter the
same at pleasure.
(15) To exercise any other power or authority permissible under applicable state or federal law exercised by other
savings banks or by savings and loan associations with
branches in Washington to the same extent as those savings
institutions if, in the opinion of the director, the exercise of
these powers and authorities by the other savings institutions
affects the operations of savings banks in Washington or
affects the delivery of financial services in Washington.
(16) To exercise the powers and authorities conferred by
RCW 30.04.215.
(17) To exercise the powers and authorities that may be
carried on by a subsidiary of the mutual savings bank that has
been determined to be a prudent investment pursuant to RCW
32.20.380.
(18) To do all other acts authorized by this title.
(19) To exercise the powers and authorities that may be
exercised by an insured state bank in compliance with 12
U.S.C. Sec. 1831a. [1999 c 14 § 17; 1996 c 2 § 23; 1994 c 92
§ 319; 1981 c 86 § 2; 1977 ex.s. c 104 § 1; 1963 c 176 § 2;
1957 c 80 § 2; 1955 c 13 § 32.08.140. Prior: 1927 c 184 § 1;
1925 ex.s. c 86 § 1; 1915 c 175 § 10; RRS § 3322.]
Severability—1999 c 14: See RCW 32.35.900.
Severability—1996 c 2: See RCW 30.38.900.
Severability—1981 c 86: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1981 c 86 § 17.]
32.08.142 Additional powers—Powers of federal
mutual savings bank. Notwithstanding any restrictions,
limitations, and requirements of law, in addition to all powers, express or implied, that a mutual savings bank has under
the laws of this state, a mutual savings bank shall have the
powers and authorities that any federal mutual savings bank
had on July 28, 1985, or a subsequent date not later than July
27, 2003. As used in this section, "powers and authorities"
include without limitation powers and authorities in corporate governance matters.
The restrictions, limitations, and requirements applicable to specific powers or authorities of federal mutual savings
banks shall apply to mutual savings banks exercising those
powers or authorities permitted under this section but only
insofar as the restrictions, limitations, and requirements relate
to exercising the powers or authorities granted mutual savings banks solely under this section. [2003 c 24 § 7; 1999 c
14 § 18; 1996 c 2 § 24; 1994 c 256 § 98; 1985 c 56 § 3; 1981
c 86 § 10.]
32.08.142
Severability—2003 c 24: See RCW 30.04.901.
Severability—1999 c 14: See RCW 32.35.900.
Severability—1996 c 2: See RCW 30.38.900.
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1981 c 86: See note following RCW 32.08.140.
(2008 Ed.)
Organization and Powers
32.08.145 Safe deposit companies. See chapter 22.28
RCW.
32.08.145
32.08.146 Additional powers—Powers and authorities granted to federal mutual savings banks after July 27,
2003—Restrictions. A mutual savings bank may exercise
the powers and authorities granted, after July 27, 2003, to
federal mutual savings banks or their successors under federal law, only if the director finds that the exercise of such
powers and authorities:
(1) Serves the convenience and advantage of depositors
and borrowers; and
(2) Maintains the fairness of competition and parity
between state-chartered savings banks and federal savings
banks or their successors under federal law.
As used in this section, "powers and authorities" include
without limitation powers and authorities in corporate governance matters.
The restrictions, limitations, and requirements applicable to specific powers or authorities of federal mutual savings
banks or their successors under federal law shall apply to
mutual savings banks exercising those powers or authorities
permitted under this section but only insofar as the restrictions, limitations, and requirements relate to exercising the
powers or authorities granted mutual savings banks solely
under this section. [2003 c 24 § 8; 1999 c 14 § 19; 1996 c 2
§ 25; 1994 c 256 § 99.]
32.08.146
Severability—2003 c 24: See RCW 30.04.901.
Severability—1999 c 14: See RCW 32.35.900.
Severability—1996 c 2: See RCW 30.38.900.
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.08.148 Operation of branch outside Washington—Powers and authorities. In addition to all powers and
authorities, express or implied, that a mutual savings bank
has under the laws of this state, a mutual savings bank chartered under this title may exercise any powers and authorities
at any branch outside Washington that are permissible for a
savings bank operating in the jurisdiction where that branch
is located, or for a bank, savings association, or similar financial institution operating in the jurisdiction if the laws of the
jurisdiction do not provide for the operation of savings banks
in the jurisdiction, except to the extent that the exercise of
these powers and authorities is expressly prohibited or limited by the laws of this state or by any rule or order of the
director applicable to the mutual savings bank. However, the
director may waive any limitation in writing with respect to
powers and authorities that the director determines do not
threaten the safety or soundness of the mutual savings bank.
[1996 c 2 § 26.]
32.08.148
Severability—1996 c 2: See RCW 30.38.900.
32.08.150 Certificates of deposit. A mutual savings
bank may issue savings certificates of deposit in such form
and upon such terms as the bank may determine. [1981 c 86
§ 3; 1979 c 51 § 1; 1975 c 15 § 1; 1969 c 55 § 1; 1959 c 41 §
1; 1959 c 14 § 1; 1957 c 80 § 3; 1955 c 13 § 32.08.150. Prior:
1915 c 175 § 13; RRS § 3342.]
32.08.150
Severability—1981 c 86: See note following RCW 32.08.140.
(2008 Ed.)
32.08.160
32.08.153 Additional powers—Powers and authorities of national banks as of July 27, 2003. Notwithstanding
any restrictions, limitations, and requirements of law, in addition to all powers, express or implied, that a mutual savings
bank has under the laws of this state, a mutual savings bank
shall have the powers and authorities that national banks had
on July 27, 2003.
The restrictions, limitations, and requirements applicable to specific powers or authorities of national banks apply
to mutual savings banks exercising those powers or authorities permitted under this section but only insofar as the
restrictions, limitations, and requirements relate to exercising
the powers or authorities granted mutual savings banks solely
under this section. [2003 c 24 § 4.]
32.08.153
Severability—2003 c 24: See RCW 30.04.901.
32.08.155 Additional powers—Powers and authorities conferred upon national banks after July 27, 2003—
Restrictions. Notwithstanding any restrictions, limitations,
and requirements of law, in addition to all powers, express or
implied, that a mutual savings bank has under the laws of this
state, a mutual savings bank shall have the powers and
authorities conferred upon a national bank after July 27,
2003, only if the director finds that the exercise of such powers and authorities:
(1) Serves the convenience and advantage of depositors,
borrowers, or the general public; and
(2) Maintains the fairness of competition and parity
between mutual savings banks and national banks.
As used in this section, "powers and authorities" include
without limitation powers and authorities in corporate governance and operational matters.
The restrictions, limitations, and requirements applicable to specific powers or authorities of national banks apply
to mutual savings banks exercising those powers or authorities permitted under this section but only insofar as the
restrictions, limitations, and requirements relate to exercising
the powers or authorities granted mutual savings banks solely
under this section. [2003 c 24 § 5.]
32.08.155
Severability—2003 c 24: See RCW 30.04.901.
32.08.157 Additional powers—Powers and authorities of banks. Notwithstanding any restrictions, limitations,
and requirements of law, in addition to all powers, express or
implied, that a mutual savings bank has under this title, a
mutual savings bank has the powers and authorities that a
bank has under Title 30 RCW. As used in this section, "powers and authorities" include without limitation powers and
authorities in corporate governance matters.
The restrictions, limitations, and requirements applicable to specific powers or authorities of banks apply to mutual
savings banks exercising those powers or authorities permitted under this section but only insofar as the restrictions, limitations, and requirements relate to exercising the powers or
authorities granted mutual savings banks solely under this
section. [2003 c 24 § 6.]
32.08.157
Severability—2003 c 24: See RCW 30.04.901.
32.08.160 Writing of fire insurance restricted. When
a savings bank is itself acting as an insurance agent, a trustee,
32.08.160
[Title 32 RCW—page 13]
32.08.170
Title 32 RCW: Mutual Savings Banks
officer, or employee of the bank shall not act as an insurance
agent to write fire insurance on property in which the bank
has an insurable interest, and no part of a room used by a savings bank in the transaction of its business shall be occupied
or used by any person other than the bank in the writing of
fire insurance. [1955 c 13 § 32.08.160. Prior: 1925 ex.s. c 86
§ 7; RRS § 3342a.]
32.08.170 Effect of failure to organize or commence
business. See RCW 30.08.070.
32.08.170
32.08.180 Extension of existence.
30.08.080.
32.08.180
See RCW
32.08.190 May borrow from home loan bank.
RCW 30.32.030.
32.08.190
See
32.08.210 Power to act as trustee—Authorized
trusts—Limitations—Application to act as trustee, fee—
Approval or refusal of application—Right of appeal—
Use of word "trust". A mutual savings bank shall have the
power to act as trustee under:
(1) A trust established by an inter vivos trust agreement
or under the will of a deceased person.
(2) A trust established in connection with any collective
bargaining agreement or labor negotiation wherein the beneficiaries of the trust include the employees concerned under
the agreement or negotiation, or a trust established in connection with any pension, profit sharing, or retirement benefit
plan of any corporation, partnership, association, or individual, including but not limited to retirement plans established
pursuant to the provisions of the act of congress entitled
"Self-Employed Individuals Tax Retirement Act of 1962", as
now constituted or hereafter amended, or plans established
pursuant to the provisions of the act of congress entitled
"Employee Retirement Income Security Act of 1974", as now
constituted or hereafter amended.
A mutual savings bank may be appointed to and accept
the appointment of personal representative of the last will and
testament, or administrator with will annexed, of the estate of
any deceased person and to be appointed and to act as guardian of the estate of minors and incompetent and disabled persons.
The restrictions, limitations and requirements in Title 30
RCW shall apply to a mutual savings bank exercising the
powers granted under this section insofar as the restrictions,
limitations, and requirements relate to exercising the powers
granted under this section. The incidental trust powers to act
as agent in the management of trust property and the transaction of trust business in Title 30 RCW shall apply to a mutual
savings bank exercising the powers granted under this section
insofar as the incidental powers relate to exercising the powers granted under this section.
Before engaging in trust business, a mutual savings bank
shall apply to the director on such form as he or she shall
determine and pay the same fee as required for a state bank to
engage in trust business. In considering such application the
director shall ascertain from the best source of information at
his or her command and by such investigation as he or she
may deem necessary whether the management and personnel
32.08.210
[Title 32 RCW—page 14]
of the mutual savings bank are such as to command confidence and warrant belief that the trust business will be adequately and efficiently conducted in accordance with law,
whether the resources in the neighborhood of such place and
in the surrounding country afford a reasonable promise of
adequate support for the proposed trust business and whether
the resources of the mutual savings bank are sufficient to support the conduct of such trust business, and that the mutual
savings bank has and maintains, in addition to its guaranty
fund, undivided profits against which the depositors have no
prior claim in an amount not less than would be required of a
state bank or trust company, which undivided profits shall be
eligible for investment in the same manner as the guaranty
fund of a mutual savings bank. Within sixty days after receipt
of such application, the director shall either approve or refuse
the same and forthwith return to the mutual savings bank a
copy of the application upon which his or her decision has
been endorsed. The director shall not be required to approve
or refuse an application until thirty days after any appropriate
approval has been obtained from a federal regulatory agency.
The applicant shall have the right to appeal from an unfavorable determination in accordance with the procedures of the
administrative procedure act, chapter 34.05 RCW, as now or
hereafter amended. A mutual savings bank shall not use the
word "trust" in its name, but may use the word "trust" in its
business or advertising. [1994 c 92 § 320; 1975 1st ex.s. c
265 § 1; 1969 c 55 § 12.]
32.08.215 Power to act as trustee for common trust
funds under multiple trust agreements—Conditions. No
mutual savings bank or wholly owned subsidiary thereof
shall act as trustee for common trust funds established for the
benefit of more than one beneficiary under more than one
trust agreement, unless the savings bank or subsidiary trust
company shall first give written notice to the director, at least
sixty days prior to the creation of any such fund. [1994 c 92
§ 321; 1985 c 56 § 4.]
32.08.215
32.08.220 Findings—Purpose. The legislature finds
that [the] state of Washington needs investment of funds
from out of state and from investors in the state of Washington to keep money for real estate and other forms of financing
reasonably available for the needs of Washington citizens.
Many innovations have taken place in the last several years to
aid in the sale of loans or portions thereof to others including
the sale of mortgage passthrough certificates, mortgage
backed bonds, participation sales with varying rates, terms or
priorities to various participants and the like. As the marketing of such investments continues, further innovations can be
expected. It will benefit the state if mutual savings banks subject to the laws of this state have the broadest powers possible
commensurate with their safety and soundness to take part in
such activities. It is the purpose of RCW 32.08.225 and
32.08.230 to grant a broad power. [1981 c 86 § 11.]
32.08.220
Severability—1981 c 86: See note following RCW 32.08.140.
32.08.225 Sale, purchase, etc., of interest rate
exchange agreements, loans, or interests therein. Any
mutual savings bank may through any device sell, purchase,
exchange, issue evidence of a sale or exchange of, or in any
32.08.225
(2008 Ed.)
Deposits—Earnings—Dividends—Interest
manner deal in any form of sale or exchange of interest rate
exchange agreements, loans, or any interest therein including
but not being limited to mortgage passthrough issues, mortgage backed bond issues, and loan participations and may
purchase a subordinated portion thereof, issue letters of credit
to insure against losses on a portion thereof, agree to repurchase all or a portion thereof, guarantee all or a portion of the
payments thereof, and without any implied limitation by the
foregoing or otherwise, do any and all things necessary or
convenient to take part in or effectuate any such sales or
exchanges by a mutual savings bank itself or by a subsidiary
thereof. [1985 c 56 § 5; 1981 c 86 § 12.]
Severability—1981 c 86: See note following RCW 32.08.140.
32.08.230 Restrictions and requirements by director.
Any mutual savings bank engaging in any activity contemplated in RCW 32.08.225, whereby it holds or purchases subordinated securities, issues letters of credit to secure a portion
of any sale or issue of loans sold or exchanged, or in any manner acts as a partial guarantor or insurer or repurchaser of any
loans sold or exchanged, shall do so only in accordance with
such reasonable restrictions and requirements as the director
shall require and shall report and carry such transactions on
its books and records in such manner as the director shall
require. In establishing any requirements and restrictions
hereunder, the director shall consider the effect the transaction and the reporting thereof will have on the safety and
soundness of the mutual savings bank engaging in it. [1994 c
92 § 322; 1981 c 86 § 13.]
32.08.230
Severability—1981 c 86: See note following RCW 32.08.140.
Chapter 32.12 RCW
DEPOSITS—EARNINGS—DIVIDENDS—INTEREST
Chapter 32.12
Sections
32.12.010
32.12.020
32.12.025
32.12.050
32.12.070
32.12.080
32.12.090
32.12.120
Deposits by individuals governed by chapter 30.22 RCW—
Other deposits which a savings bank may establish—Limitations.
Repayment of deposits and dividends.
Withdrawals by savings bank’s drafts in accordance with
depositor’s instructions authorized.
Accounting—Entry of assets, real estate, securities, etc.
Computation of earnings.
Misleading advertisement of surplus or guaranty fund.
Interest—Rate—Notice of changed rate.
Adverse claim to a deposit to be accompanied by court order
or bond—Exceptions.
Depositaries
city: Chapter 35.38 RCW.
county: Chapter 36.48 RCW.
of state funds: Chapter 43.85 RCW.
Receiving deposits after insolvency prohibited: State Constitution Art. 12 §
12; RCW 9.24.030.
Uniform unclaimed property act: Chapter 63.29 RCW.
32.12.010 Deposits by individuals governed by chapter 30.22 RCW—Other deposits which a savings bank
may establish—Limitations. Deposits made by individuals
in a mutual savings bank under this chapter are governed by
chapter 30.22 RCW. In addition, other deposits which a savings bank may establish include but are not limited to the following:
(1) Deposits in the name of, or on behalf of, a partnership
or other form of multiple ownership enterprise.
32.12.010
(2008 Ed.)
32.12.020
(2) Deposits in the name of a corporation, society, or
unincorporated association.
(3) Deposits maintained by a person, society, or corporation as administrator, executor, guardian, or trustee under a
will or trust agreement.
Every such bank may limit the aggregate amount which
an individual or any corporation or society may have to his or
her or its credit to such sum as such bank may deem expedient to receive; and may in its discretion refuse to receive a
deposit, or may at any time return all or any part of any
deposits or require the withdrawal of any dividends or interest. Any account in excess of one hundred thousand dollars
may only be accepted or held in accordance with such regulations as the director may establish. [1994 c 92 § 323; 1981
c 192 § 27; 1967 c 145 § 1; 1961 c 80 § 1; 1959 c 41 § 2; 1957
c 80 § 4; 1955 c 13 § 32.12.010. Prior: 1953 c 238 § 1; 1949
c 119 § 4; 1941 c 15 § 2; 1929 c 123 § 1; 1927 c 184 § 5; 1921
c 156 § 2; 1919 c 200 § 2; 1915 c 175 § 17; Rem. Supp. 1949
§ 3346.]
Effective date—1981 c 192: See RCW 30.22.900.
32.12.020 Repayment of deposits and dividends. The
sums deposited with any savings bank, together with any dividends or interest credited thereto, shall be repaid to the
depositors thereof respectively, or to their legal representatives, after demand in such manner, and at such times, and
under such regulations, as the board of trustees shall prescribe, subject to the provisions of this section and chapter
30.22 RCW. These regulations shall be available to depositors upon request, and shall be posted in a conspicuous place
in the principal office and each branch in this state or, if the
regulations are not so posted, a description of changes in the
regulations after an account is opened shall be mailed to
depositors pursuant to 12 U.S.C. Sec. 4305(c) or otherwise.
All such rules and regulations, and all amendments thereto,
from time to time in effect, shall be binding upon all depositors.
(1) Such bank may at any time by a resolution of its
board of trustees require a notice of not more than six months
before repaying deposits, in which event no deposit shall be
due or payable until the required notice of intention to withdraw the same shall have been personally given by the depositor: PROVIDED, That such bank at its option may pay any
deposit or deposits before the expiration of such notice. But
no bank shall agree with its depositors or any of them in
advance to waive the requirement of notice as herein provided: PROVIDED, That the bank may create a special class
of depositors who shall be entitled to receive their deposits
upon demand.
(2) The savings bank may pay dividend or interest, or
repay a deposit or portion thereof, upon receipt of information in written, oral, visual, electronic, or other form satisfactory to such bank, that the recipient is entitled to receipt, and
may pay any check drawn upon it by a depositor. [1999 c 14
§ 20; 1996 c 2 § 27; 1994 c 92 § 324; 1985 c 56 § 6; 1983 c 3
§ 53; 1981 c 192 § 28; 1974 ex.s. c 117 § 40; 1969 c 55 § 2;
1967 c 145 § 2; 1963 c 176 § 3; 1961 c 80 § 2; 1959 c 41 § 3;
1955 c 13 § 32.12.020. Prior: 1945 c 228 § 6; 1921 c 156 §
3; 1915 c 175 § 18; Rem. Supp. 1945 § 3347.]
32.12.020
Severability—1999 c 14: See RCW 32.35.900.
[Title 32 RCW—page 15]
32.12.025
Title 32 RCW: Mutual Savings Banks
Severability—1996 c 2: See RCW 30.38.900.
Effective date—1981 c 192: See RCW 30.22.900.
Application, construction—Severability—Effective date—1974
ex.s. c 117: See RCW 11.02.080 and notes following.
32.12.025 Withdrawals by savings bank’s drafts in
accordance with depositor’s instructions authorized.
Subject to the provisions of RCW 32.12.020(1), a savings
bank may, on instructions from a depositor, effect withdrawals from a savings account by the savings bank’s drafts payable to parties and on terms as so instructed; to the extent of
the subjection of accounts to such withdrawal instruction,
such accounts may be specifically classified under RCW
32.12.090(2) and ineligible to receive interest or eligible only
for limited interest. [1967 c 145 § 3.]
32.12.025
32.12.050 Accounting—Entry of assets, real estate,
securities, etc. (1) No savings bank shall by any system of
accounting, or any device of bookkeeping, directly or indirectly, enter any of its assets upon its books in the name of
any other individual, partnership, unincorporated association,
or corporation, or under any title or designation that is not in
accordance with the actual facts.
(2) The bonds, notes, mortgages, or other interest bearing obligations purchased or acquired by a savings bank,
shall not be entered on its books at more than the actual cost
thereof, and shall not thereafter be carried upon its books for
a longer period than until the next declaration of dividends, or
in any event for more than one year, at a valuation exceeding
their present cost as determined by amortization, that is, by
deducting from the cost of any such security purchased for a
sum in excess of the amount payable thereon at maturity and
charging to "profit and loss" a sufficient sum to bring it to par
at maturity, or adding to the cost of any such security purchased at less than the amount payable thereon at maturity
and crediting to "profit and loss" a sufficient sum to bring it
to par at maturity.
(3) No such bank shall enter, or at any time carry on its
books, the real estate and the building or buildings thereon
used by it as its place of business at a valuation exceeding
their actual cost to the bank.
(4) Every such bank shall conform its methods of keeping its books and records to such orders in respect thereof as
shall have been made and promulgated by the director. Any
officer, agent, or employee of any savings bank who refuses
or neglects to obey any such order shall be punished as hereinafter provided.
(5) Real estate acquired by a savings bank, other than
that acquired for use as a place of business, may be entered on
the books of the bank at the actual cost thereof but shall not
be carried beyond the current dividend period at an amount in
excess of the amount of the debt in protection of which such
real estate was acquired, plus the cost of any improvements
thereto.
An appraisal shall be made by a qualified person of
every such parcel of real estate within six months from the
date of conveyance. If the value at which such real estate is
carried on the books is in excess of the value found on
appraisal the book value shall, at the end of the dividend
period during which such appraisal was made, be reduced to
an amount not in excess of such appraised value.
32.12.050
[Title 32 RCW—page 16]
(6) No such bank shall enter or carry on its books any
asset which has been disallowed by the director or the trustees of such bank, unless the director upon application by such
savings bank has fixed a valuation at which such asset may be
carried as permitted in subsection (7) of this section.
(7) Notwithstanding the provisions of this section, no
savings bank may maintain its books and records or enter and
carry on its books any asset or liability at any valuation contrary to any accounting rules promulgated or adopted by the
federal deposit insurance corporation or the director or contrary to generally accepted accounting principles. [1994 c
256 § 100; 1994 c 92 § 325; 1985 c 56 § 7; 1983 c 44 § 1;
1955 c 13 § 32.12.050. Prior: 1941 c 15 § 1; 1915 c 175 § 16;
Rem. Supp. 1941 § 3345.]
Reviser’s note: This section was amended by 1994 c 92 § 325 and by
1994 c 256 § 100, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.12.070 Computation of earnings. (1) Gross current
operating earnings. Every savings bank shall close its books,
for the purpose of computing its net earnings, at the end of
any period for which a dividend is to be paid, and in no event
less frequently than semiannually. To determine the amount
of gross earnings of a savings bank during any dividend
period the following items may be included:
(a) All earnings actually received during such period,
less interest accrued and uncollected included in the last previous calculation of earnings;
(b) Interest accrued and uncollected upon debts owing to
it secured by authorized collateral, upon which there has been
no default for more than one year, and upon corporate bonds,
or other interest bearing obligations owned by it upon which
there is no default;
(c) The sums added to the cost of securities purchased
for less than par as a result of amortization;
(d) Any profits actually received during such period
from the sale of securities, real estate or other property owned
by it;
(e) Such other items as the director, in his or her discretion and upon his or her written consent, may permit to be
included.
(2) Net current earnings. To determine the amount of its
net earnings for each dividend period the following items
shall be deducted from gross earnings:
(a) All expenses paid or incurred, both ordinary and
extraordinary, in the transaction of its business, the collection
of its debts and the management of its affairs, less expenses
incurred and interest accrued upon its debts deducted at the
last previous calculation of net earnings for dividend purposes;
(b) Interest paid or accrued and unpaid upon debts owing
by it;
(c) The amounts deducted through amortization from the
cost of bonds or other interest bearing obligations purchased
above par in order to bring them to par at maturity;
(d) Contributions to any corporation or any community
chest fund or foundation organized and operated exclusively
for religious, charitable, scientific, literary or educational
purposes, no part of the net earnings of which inures to the
32.12.070
(2008 Ed.)
Officers and Employees
benefit of any private shareholder or individual and no substantial part of the activities of which is carrying on propaganda or otherwise attempting to influence legislation. The
total contributions for any calendar year shall not exceed a
sum equal to one-half of one percent of the net earnings of
such savings bank for the preceding calendar year.
The balance thus obtained shall constitute the net earnings of the savings bank for such period.
(3) Earnings paid by a savings bank on deposits may be
referred to as "dividends" or as "interest". [1994 c 92 § 327;
1955 c 80 § 3; 1955 c 13 § 32.12.070. Prior: 1953 c 238 § 2;
1941 c 15 § 3; 1915 c 175 § 23; Rem. Supp. 1941 § 3352.]
32.12.080
32.12.080 Misleading advertisement of surplus or
guaranty fund. No savings bank shall put forth any sign or
notice or publish or circulate any advertisement or advertising literature upon which or in which it is stated that such savings bank has a surplus or guaranty fund other than as determined in the manner prescribed by law. [1955 c 13 §
32.12.080. Prior: 1929 c 123 § 5; 1915 c 175 § 27; RRS §
3356.]
32.12.090
32.12.090 Interest—Rate—Notice of changed rate.
(1) Every savings bank shall regulate the rate of interest upon
the amounts to the credit of depositors therewith, in such
manner that depositors shall receive as nearly as may be all
the earnings of the bank after transferring the amount
required by RCW 32.08.120 and such further amounts as its
trustees may deem it expedient and for the security of the
depositors to transfer to the guaranty fund, which to the
amount of ten percent of the amount due its depositors the
trustees shall gradually accumulate and hold. Such trustees
may also deduct from its net earnings, and carry as reserves
for losses, or other contingencies, or as undivided profits,
such additional sums as they may deem wise.
(2) Every savings bank may classify its depositors
according to the local market, character, amount, regularity,
or duration of their dealings with the savings bank, and may
regulate the interest in such manner that each depositor shall
receive the same ratable portion of interest as all others of his
or her class.
(3) Unimpaired contributions to the initial guaranty fund
and to the expense fund, made by the incorporators or trustees of a savings bank, shall be entitled to have dividends
apportioned thereon, which may be credited and paid to such
incorporators or trustees.
Whenever the guaranty fund of any savings bank is sufficiently large to permit the return of such contributions, the
contributors may receive interest thereon not theretofore
credited or paid at the same rate paid to depositors.
(4) A savings bank may pay interest on deposits at such
rates as its board or a committee or officer designated by the
board shall from time to time determine.
(5) The trustees of any savings banks, other than a stock
savings bank, whose undivided profits and guaranty fund,
determined in the manner prescribed in RCW 32.12.070,
amount to more than twenty-five percent of the amount due
its depositors, shall at least once in three years divide equitably the accumulation beyond such twenty-five percent as an
(2008 Ed.)
Chapter 32.16
extra dividend to depositors in excess of the regular dividend
authorized.
(6) A notice posted conspicuously in a savings bank of a
change in the rate of interest shall be equivalent to a personal
notice. [1999 c 14 § 21; 1994 c 256 § 101; 1983 c 44 § 2;
1977 ex.s. c 104 § 2; 1969 c 55 § 3; 1961 c 80 § 3; 1957 c 80
§ 5; 1955 c 13 § 32.12.090. Prior: 1953 c 238 § 3; 1921 c 156
§ 4; 1919 c 200 § 3; 1915 c 175 § 25; RRS § 3354.]
Severability—1999 c 14: See RCW 32.35.900.
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.12.120 Adverse claim to a deposit to be accompanied by court order or bond—Exceptions. Notice to any
mutual savings bank doing business in this state of an adverse
claim to a deposit standing on its books to the credit of any
person shall not be effectual to cause said bank to recognize
said adverse claimant unless said adverse claimant shall also
either procure a restraining order, injunction or other appropriate process against said bank from a court of competent
jurisdiction in a cause therein instituted by him wherein the
person to whose credit the deposit stands is made a party and
served with summons or shall execute to said bank, in form
and with sureties acceptable to it, a bond, in an amount which
is double either the amount of said deposit or said adverse
claim, whichever is the lesser, indemnifying said bank from
any and all liability, loss, damage, costs and expenses, for and
on account of the payment of such adverse claim or the dishonor of the check or other order of the person to whose
credit the deposit stands on the books of said bank: PROVIDED, That this law shall not apply in any instance where
the person to whose credit the deposit stands is a fiduciary for
such adverse claimant, and the facts constituting such relationship as also the facts showing reasonable cause of belief
on the part of said claimant that the said fiduciary is about to
misappropriate said deposit, are made to appear by the affidavit of such claimant.
This section shall not apply to accounts subject to chapter 30.22 RCW. [1981 c 192 § 31; 1963 c 176 § 13. Cf. 1961
c 280 § 4; RCW 30.20.090.]
32.12.120
Effective date—1981 c 192: See RCW 30.22.900.
Chapter 32.16
Chapter 32.16 RCW
OFFICERS AND EMPLOYEES
Sections
32.16.010
32.16.012
32.16.020
32.16.030
32.16.040
32.16.050
32.16.060
32.16.070
32.16.080
32.16.090
32.16.093
32.16.095
32.16.097
32.16.100
32.16.110
32.16.120
Board of trustees—Number—Qualifications.
Age requirements.
Oath of trustees—Declaration of incumbency—Not applicable
to directors of stock savings banks.
Vacancies, when to be filled.
Quorum—Meetings.
Compensation of trustees.
Change in number of trustees.
Restrictions on trustees.
Removal of trustees—Vacancies—Eligibility to reelection.
Removal of trustee, officer, or employee or prohibition from
participation in conduct of affairs on objection of the director—Grounds—Notice.
Notice of intention to remove or prohibit participation in conduct of affairs—Hearing—Order of removal and/or prohibition.
Removal of trustees—Lack of quorum—Temporary trustees.
Penalty for violation of order issued under RCW 32.16.093.
Examination by trustees’ committee—Report.
Officers.
Fidelity bonds.
[Title 32 RCW—page 17]
32.16.010
32.16.130
32.16.140
Title 32 RCW: Mutual Savings Banks
Conversion of savings and loan association to mutual savings
bank—Director may serve as trustee.
Violations—Director liability.
32.16.010 Board of trustees—Number—Qualifications. (1) There shall be a board of trustees who shall have
the entire management and control of the affairs of the savings bank. The persons named in the certificate of authorization shall be the first trustees. The board shall consist of not
less than nine nor more than thirty members.
(2) A person shall not be a trustee of a savings bank, if he
(a) Is not a resident of a state of the United States;
(b) Has been adjudicated a bankrupt or has taken the
benefit of any insolvency law, or has made a general assignment for the benefit of creditors;
(c) Has suffered a judgment recovered against him for a
sum of money to remain unsatisfied of record or unsecured
on appeal for a period of more than three months;
(d) Is a trustee, officer, clerk, or other employee of any
other savings bank.
(3) Nor shall a person be a trustee of a savings bank
solely by reason of his holding public office. [1985 c 56 § 8;
1955 c 13 § 32.16.010. Prior: 1915 c 175 § 28; RRS § 3357.]
32.16.010
32.16.012 Age requirements. The bylaws of a savings
bank may prescribe a maximum age beyond which no person
shall be eligible for election to the board of trustees and may
prescribe a mandatory retirement age of seventy-five years or
less for trustees subject to the following limitations:
(1) No person shall be eligible for initial election as a
trustee after December 31, 1969, who is seventy years of age
or more; and
(2) No person shall continue to serve as a trustee after
December 31, 1973, who is seventy-five years of age or more
and the office of any such trustee shall become vacant on the
last day of the month in which the trustee reaches his seventyfifth birthday or December 31, 1973, whichever is the latest.
If a savings bank does not adopt a bylaw prescribing a
mandatory retirement age for trustees prior to January 1,
1970, or does not maintain thereafter a bylaw prescribing a
mandatory retirement age, the office of a trustee of such savings bank shall become vacant on the last day of the month in
which such trustee reaches his seventieth birthday or on
December 31, 1969, whichever is the latest. [1969 c 55 § 14.]
32.16.012
32.16.020 Oath of trustees—Declaration of incumbency—Not applicable to directors of stock savings
banks. (1) Each trustee, whether named in the certificate of
authorization or elected to fill a vacancy, shall, when such
certificate of authorization has been issued, or when notified
of such election, take an oath that he or she will, so far as it
devolves on him or her, diligently and honestly administer
the affairs of the savings bank, and will not knowingly violate, or willingly permit to be violated, any of the provisions
of law applicable to such savings bank. Such oath shall be
subscribed by the trustee making it and certified by the
officer before whom it is taken, and shall be immediately
transmitted to the director and filed and preserved in his or
her office.
(2) Prior to the first day of March in each year, every
trustee of every savings bank shall subscribe a declaration to
32.16.020
[Title 32 RCW—page 18]
the effect that he or she is, at the date thereof, a trustee of the
savings bank, and that he or she has not resigned, become
ineligible, or in any other manner vacated his or her office as
such trustee. Such declaration shall be acknowledged in like
manner as a deed to be entitled to record and shall be transmitted to the director and filed in his or her office prior to the
tenth day of March in each year.
(3) This section does not apply to the directors of stock
savings banks. [1994 c 256 § 102; 1994 c 92 § 328; 1955 c
13 § 32.16.020. Prior: 1915 c 175 § 29; RRS § 3358.]
Reviser’s note: This section was amended by 1994 c 92 § 328 and by
1994 c 256 § 102, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.16.030 Vacancies, when to be filled. A vacancy in
the board of trustees shall be filled by the board as soon as
practicable, at a regular meeting thereof. [1955 c 13 §
32.16.030. Prior: 1915 c 175 § 36; RRS § 3365.]
32.16.030
32.16.040 Quorum—Meetings. A quorum at any regular or special or adjourned meeting of the board of trustees
shall consist of not less than five of whom the chief executive
officer shall be one, except when he or she is prevented from
attending by sickness or other unavoidable detention, when
he or she may be represented in forming a quorum by such
other officer as the board may designate; but less than a quorum shall have power to adjourn from time to time until the
next regular meeting. However, a savings bank may adopt
procedures which provide that, in the event of a national
emergency, any trustee may act on behalf of the board to continue the operations of the savings bank. For purposes of this
subsection, a national emergency is an emergency declared
by the president of the United States or the person performing
the president’s functions, or a war, or natural disaster.
Regular meetings of the board of trustees shall be held as
established from time to time by the board, not less than six
times during each year. [1999 c 14 § 22; 1985 c 56 § 9; 1969
c 55 § 4; 1955 c 13 § 32.16.040. Prior: 1915 c 175 § 31; RRS
§ 3360.]
32.16.040
Severability—1999 c 14: See RCW 32.35.900.
32.16.050 Compensation of trustees. (1) A trustee of
a savings bank shall not directly or indirectly receive any pay
or emolument for services as trustee, except as provided in
this section.
(2) A trustee may receive, by affirmative vote of a majority of all the trustees, reasonable compensation for (a) attendance at meetings of the board of trustees; (b) service as an
officer of the savings bank, provided his or her duties as
officer require and receive his or her regular and faithful
attendance at the savings bank; (c) service in appraising real
property for the savings bank; and (d) service as a member of
a committee of the board of trustees: PROVIDED, That a
trustee receiving compensation for service as an officer pursuant to (b) shall not receive any additional compensation for
service under (a), (c), or (d).
(3) An attorney for a savings bank, although he or she is
a trustee thereof, may receive a reasonable compensation for
his or her professional services, including examinations and
32.16.050
(2008 Ed.)
Officers and Employees
certificates of title to real property on which mortgage loans
are made by the savings bank; or if the bank requires the borrowers to pay all expenses of searches, examinations, and
certificates of title, including the drawing, perfecting, and
recording of papers, such attorney may collect of the borrower and retain for his or her own use the usual fees for such
services, excepting any commissions as broker or on account
of placing or accepting such mortgage loans.
(4) All incentive compensation, bonus, or supplemental
compensation plans for officers and employees of a savings
bank shall be approved by a majority of nonofficer trustees of
the savings bank or approved by a committee of not less than
three trustees, none of whom shall be officers of the savings
bank. No such plan shall permit any officer or employee of a
savings bank who has or exercises final authority with regard
to any loan or investment to receive any commission on such
loan or investment.
(5) If an officer or attorney of a savings bank receives, on
any loan made by the bank, any commission which he or she
is not authorized by this section to retain for his or her own
use, he or she shall immediately pay the same over to the savings bank. [1999 c 14 § 23; 1985 c 56 § 10; 1957 c 80 § 6;
1955 c 13 § 32.16.050. Prior: 1915 c 175 § 32; RRS § 3361.]
Severability—1999 c 14: See RCW 32.35.900.
32.16.060 Change in number of trustees. The board
of trustees of every savings bank may, by resolution incorporated in its bylaws, increase or reduce the number of trustees
named in the original charter or certificate of authorization.
(1) The number may be increased to a number designated in the resolution not exceeding thirty: PROVIDED,
That reasons therefor are shown to the satisfaction of the
director and his or her written consent thereto is first
obtained.
(2) The number may be reduced to a number designated
in the resolution but not less than nine. The reduction shall be
effected by omissions to fill vacancies occurring in the board.
[1994 c 92 § 329; 1955 c 13 § 32.16.060. Prior: 1915 c 175 §
33; RRS § 3362.]
32.16.060
32.16.070 Restrictions on trustees. (1) A trustee of a
savings bank shall not, except to the extent permitted for a
director of a federal mutual savings bank:
(a) Have any interest, direct or indirect, in the gains or
profits of the savings bank, except to receive dividends (i)
upon the amounts contributed by him or her to the guaranty
fund and the expense fund of the savings bank as provided in
RCW 32.08.090 and 32.08.100, and (ii) upon any deposit he
or she may have in the bank, the same as any other depositor
and under the same regulations and conditions.
(b) Become a member of the board of directors of a bank,
trust company, or national banking association of which
board enough other trustees of the savings bank are members
to constitute with him a majority of the board of trustees.
(2) Neither a trustee nor an officer of a savings bank
shall, except to the extent permitted for a director or officer of
a federal mutual savings bank:
(a) For himself or herself or as agent or partner of
another, directly or indirectly use any of the funds or deposits
held by the savings bank, except to make such current and
32.16.070
(2008 Ed.)
32.16.080
necessary payments as are authorized by the board of trustees.
(b) Receive directly or indirectly and retain for his or her
own use any commission on or benefit from any loan made
by the savings bank, or any pay or emolument for services
rendered to any borrower from the savings bank in connection with such loan, except as authorized by RCW 32.16.050.
(c) Become an indorser, surety, or guarantor, or in any
manner an obligor, for any loan made by the savings bank.
(d) For himself or herself or as agent or partner of
another, directly or indirectly borrow any of the funds or
deposits held by the savings bank, or become the owner of
real property upon which the savings bank holds a mortgage.
A loan to or a purchase by a corporation in which he or she is
a stockholder to the amount of fifteen percent of the total outstanding stock, or in which he or she and other trustees of the
savings bank hold stock to the amount of twenty-five percent
of the total outstanding stock, shall be deemed a loan to or a
purchase by such trustee within the meaning of this section,
except when the loan to or purchase by such corporation
occurred without his or her knowledge or against his or her
protest. A deposit in a bank shall not be deemed a loan within
the meaning of this section. [1994 c 256 § 103; 1955 c 13 §
32.16.070. Prior: 1925 ex.s. c 86 § 12; 1915 c 175 § 34; RRS
§ 3363.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.16.080
32.16.080 Removal of trustees—Vacancies—Eligibility to reelection. (1) Whenever, in the judgment of threefourths of the trustees, the conduct and habits of a trustee of
any savings bank are of such character as to be injurious to
such bank, or he or she has been guilty of acts that are detrimental or hostile to the interests of the bank, he or she may be
removed from office, at any regular meeting of the trustees,
by the affirmative vote of three-fourths of the total number
thereof: PROVIDED, That a written copy of the charges
made against him or her has been served upon him or her personally at least two weeks before such meeting, that the vote
of such trustees by ayes and noes is entered in the record of
the minutes of such meeting, and that such removal receives
the written approval of the director which shall be attached to
the minutes of such meeting and form a part of the record.
(2) The office of a trustee of a savings bank shall immediately become vacant whenever he or she:
(a) Fails to comply with any of the provisions of RCW
32.16.020 relating to his or her official oath and declaration;
(b) Becomes disqualified for any of the reasons specified
in RCW 32.16.010(2);
(c) Has failed to attend the regular meetings of the board
of trustees, or to perform any of his or her duties as trustee,
for a period of six successive months, unless excused by the
board for such failure;
(d) Violates any of the provisions of RCW 32.16.070
imposing restrictions upon trustees and officers, except subsection (2)(c) thereof.
(3) A trustee who has forfeited or vacated his or her
office shall not be eligible to reelection, except when the forfeiture or vacancy occurred solely by reason of his or her:
[Title 32 RCW—page 19]
32.16.090
Title 32 RCW: Mutual Savings Banks
(a) Failure to comply with the provisions of RCW
32.16.020, relating to his or her official oath and declaration;
or
(b) Neglect of his or her official duties as prescribed in
subsection (2)(c) of this section; or
(c) Disqualification through becoming a nonresident, or
becoming a trustee, officer, clerk or other employee of
another savings bank, or becoming a director of a bank, trust
company, or national banking association under the circumstances specified in RCW 32.16.070(1)(b) and such disqualification has been removed. [1994 c 92 § 330; 1955 c 13 §
32.16.080. Prior: 1915 c 175 § 35; RRS § 3364.]
32.16.090 Removal of trustee, officer, or employee or
prohibition from participation in conduct of affairs on
objection of the director—Grounds—Notice. Whenever
the director finds that:
(1) Any trustee, officer, or employee of any mutual savings bank has committed or engaged in:
(a) A violation of any law, rule, or cease and desist order
which has become final;
(b) Any unsafe or unsound practice in connection with
the mutual savings bank; or
(c) Any act, omission, or practice which constitutes a
breach of his or her fiduciary duty as trustee, officer, or
employee; and
(2) The director determines that:
(a) The mutual savings bank has suffered or may suffer
substantial financial loss or other damage; or
(b) The interests of its depositors could be seriously prejudiced by reason of the violation, practice, or breach of fiduciary duty; and
(3) The director determines that the violation, practice,
or breach of fiduciary duty is one involving personal dishonesty, recklessness, or incompetence on the part of the trustee,
officer, or employee;
Then the director may serve upon the trustee, officer, or
employee of any mutual savings bank a written notice of the
director’s intention to remove the person from office or to
prohibit the person from participation in the conduct of the
affairs of the mutual savings bank. [1994 c 92 § 331; 1979 c
46 § 7; 1955 c 13 § 32.16.090. Prior: 1931 c 132 § 2; RRS §
3364a.]
32.16.090
Severability—1979 c 46: See note following RCW 32.04.250.
32.16.093 Notice of intention to remove or prohibit
participation in conduct of affairs—Hearing—Order of
removal and/or prohibition. A notice of an intention to
remove a trustee, officer, or employee from office or to prohibit his or her participation in the conduct of the affairs of a
mutual savings bank shall contain a statement of the facts
which constitute grounds therefor and shall fix a time and
place at which a hearing will be held. The hearing shall be set
not earlier than ten days nor later than thirty days after the
date of service of the notice unless an earlier or later date is
set by the director at the request of the trustee, officer, or
employee for good cause shown or at the request of the attorney general of the state.
Unless the trustee, officer, or employee appears at the
hearing personally or by a duly authorized representative, the
32.16.093
[Title 32 RCW—page 20]
person shall be deemed to have consented to the issuance of
an order of removal or prohibition or both. In the event of
such consent or if upon the record made at the hearing the
director finds that any of the grounds specified in the notice
have been established, the director may issue such orders of
removal from office or prohibition from participation in the
conduct of the affairs of the mutual savings bank as the director may consider appropriate.
Any order under this section shall become effective at
the expiration of ten days after service upon the mutual savings bank and the trustee, officer, or employee concerned
except that an order issued upon consent shall become effective at the time specified in the order.
An order shall remain effective except to the extent it is
stayed, modified, terminated, or set aside by the director or a
reviewing court. [1994 c 92 § 332; 1979 c 46 § 8.]
Severability—1979 c 46: See note following RCW 32.04.250.
Administrative hearings, procedure, orders, and judicial review: RCW
32.04.290.
Jurisdiction of courts as to orders to remove trustee, officer, or employee:
RCW 32.04.300.
Violations or unsafe practices, procedure, etc.: RCW 32.04.250 through
32.04.300.
32.16.095 Removal of trustees—Lack of quorum—
Temporary trustees. If at any time because of the removal
of one or more trustees under this chapter there shall be on the
board of trustees of a mutual savings bank less than a quorum
of trustees, all powers and functions vested in, or exercisable
by the board shall vest in, and be exercisable by the trustee or
trustees remaining, until such time as there is a quorum on the
board of trustees. If all of the trustees of a mutual savings
bank are removed under this chapter, the director shall
appoint persons to serve temporarily as trustees until such
time as their respective successors take office. [1994 c 92 §
333; 1979 c 46 § 9.]
32.16.095
Severability—1979 c 46: See note following RCW 32.04.250.
32.16.097 Penalty for violation of order issued under
RCW 32.16.093. Any present or former trustee, officer, or
employee of a mutual savings bank or any other person
against whom there is outstanding an effective final order
issued under RCW 32.16.093, which order has been served
upon the person, and who, in violation of the order, (1) participates in any manner in the conduct of the affairs of the
mutual savings bank involved; or (2) directly or indirectly
solicits or procures, transfers or attempts to transfer, or votes
or attempts to vote any proxies, consents, or authorizations
with respect to any voting rights in the mutual savings bank;
or (3) without the prior approval of the director, votes for a
trustee or serves or acts as a trustee, officer, employee, or
agent of any mutual savings bank, shall be guilty of a gross
misdemeanor, and, upon conviction, shall be punishable as
prescribed under chapter 9A.20 RCW. [1994 c 92 § 334;
1979 c 46 § 10.]
32.16.097
Severability—1979 c 46: See note following RCW 32.04.250.
32.16.100 Examination by trustees’ committee—
Report. The trustees of every savings bank, by a committee
of not less than three of their number, shall at least annually
fully examine the records and affairs of such savings bank for
32.16.100
(2008 Ed.)
Investments
the purpose of determining its financial condition. The trustees may employ such assistants as they deem necessary in
making the examination. A report of each such examination
shall be presented to the board of trustees at a regular meeting
within thirty days after the completion of the same, and shall
be filed in the records of the savings bank. [1994 c 256 § 104;
1955 c 13 § 32.16.100. Prior: 1941 c 15 § 5; 1915 c 175 § 38;
Rem. Supp. 1941 § 3367.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.16.110 Officers. The board of trustees shall elect
from their number, or otherwise, a president and two vice
presidents and such other officers as they may deem fit.
[1955 c 13 § 32.16.110. Prior: 1915 c 175 § 30; RRS § 3359.]
32.16.110
32.16.120 Fidelity bonds. The trustees of every savings bank shall have power to require from the officers,
clerks, and agents thereof such security for their fidelity and
the faithful performance of their duties as the trustees deem
necessary. Such security may be accepted from any company
authorized to furnish fidelity bonds and doing business under
the laws of this state, and the premiums therefor may be paid
as a necessary expense of the savings bank. [1955 c 13 §
32.16.120. Prior: 1915 c 175 § 37; RRS § 3366.]
32.16.120
32.16.130 Conversion of savings and loan association
to mutual savings bank—Director may serve as trustee.
In the event a savings and loan association is converted to a
mutual savings bank, any person, who at the time of such
conversion was a director of the savings and loan association,
may serve as a trustee of the mutual savings bank until he
reaches the age of seventy-five years or until one year following the date of conversion of such savings and loan association, whichever is later. The bylaws of any mutual savings
bank may modify this provision by requiring earlier retirement of any trustee affected hereby. [1971 ex.s. c 222 § 2.]
32.16.130
Severability—1971 ex.s. c 222: See note following RCW 32.04.085.
32.16.140 Violations—Director liability. If the directors of any bank shall knowingly violate, or knowingly permit any of the officers, agents, or servants of the bank to violate any of the provisions of this title or any lawful regulation
or directive of the director, and if the directors are aware that
such facts and circumstances constitute such violations, then
each director who participated in or assented to the violation
is personally and individually liable for all damages which
the state or any insurer of the deposits sustains due to the violation. [1994 c 92 § 335; 1989 c 180 § 9.]
32.16.140
Chapter 32.20
Chapter 32.20 RCW
INVESTMENTS
Sections
32.20.010
32.20.020
32.20.030
32.20.035
32.20.040
32.20.045
32.20.047
(2008 Ed.)
Definitions.
Power to invest funds—Restrictions.
Bonds or obligations of United States and Canada.
Investment trusts or companies.
Federally insured or secured loans, securities, etc.
Obligations of corporations created as federal agency or
instrumentality.
Stock of small business investment companies regulated by
United States.
32.20.010
32.20.050
32.20.060
32.20.070
32.20.080
32.20.090
32.20.100
32.20.110
32.20.120
32.20.130
32.20.210
32.20.215
32.20.217
32.20.219
32.20.220
32.20.230
32.20.240
32.20.253
32.20.265
32.20.280
32.20.285
32.20.300
32.20.310
32.20.320
32.20.330
32.20.335
32.20.340
32.20.350
32.20.370
32.20.380
32.20.390
32.20.400
32.20.410
32.20.415
32.20.430
32.20.440
32.20.445
32.20.450
32.20.460
32.20.470
32.20.480
32.20.500
Bonds of state of Washington and its agencies.
Bonds of other states.
Bonds and warrants of counties, municipalities, etc., of Washington.
Municipal bonds in adjoining state.
Housing and industrial development bonds and municipal
obligations in any state.
Revenue bonds of certain cities in any state.
District bonds secured by taxing power.
Local improvement district bonds.
Bonds of irrigation, diking, drainage districts.
Obligations of International Bank for Reconstruction and
Development.
Obligations issued or guaranteed by Inter-American Development Bank.
Obligations of Asian Development Bank.
Obligations issued or guaranteed by African Development
Bank or other multilateral development bank.
Bankers’ acceptances, bills of exchange, and commercial
paper.
Notes secured by investments.
Notes secured by pledge or assignment of account.
Loans secured by real estate, mobile homes, movable buildings.
Valuation of property to be mortgaged—Appraiser’s opinion.
Investments in real estate.
Investments through purchase of real estate—Improvements.
Home loan bank as depositary.
Deposit of securities.
Investment of funds.
Investments—Loans, preferred stock, or interest-bearing obligations—Restrictions.
Investments—Qualified thrift investments.
Stock or bonds of federal home loan bank.
Stock of federal reserve bank or Federal Deposit Insurance
Corporation.
Corporate bonds and other interest-bearing or discounted obligations.
Stocks, securities, of corporations not otherwise eligible for
investment.
Obligations of corporations or associations federally authorized to insure or market real estate mortgages—Loans, etc.,
eligible for insurance.
Loans for home or property repairs, alterations, appliances,
improvements, additions, furnishings, underground utilities,
education or nonbusiness family purposes.
Limitation of total investment in certain obligations.
Limitation on certain secured and unsecured loans.
Loans to banks or trust companies.
Purchase of United States securities from banks or trust companies.
Stock, other securities, and obligations of federally insured
institutions.
Low-cost housing—Legislative finding.
Low-cost housing—Factory built housing—Mobile homes.
Improvement of private land for public parks and recreation
areas.
Loans or investments to provide adequate housing and environmental improvements—Criteria—Restrictions.
Construction—1973 1st ex.s. c 31.
Federal bonds and notes as investment or collateral: Chapter 39.60 RCW.
32.20.010 Definitions. The words "mutual savings
bank" and "savings bank," whenever used in this chapter,
shall mean a mutual savings bank organized and existing
under the laws of the state of Washington.
The words "its funds," whenever used in this chapter,
shall mean and include moneys deposited with or borrowed
by a mutual savings bank, sums credited to the guaranty fund
of a mutual savings bank, and the income derived from such
deposits or fund, or both, and the principal balance of any
outstanding capital notes, and capital debentures. [1999 c 14
§ 24; 1977 ex.s. c 241 § 2; 1955 c 13 § 32.20.010. Prior: 1929
c 74 § 1; RRS § 3381-1.]
32.20.010
Severability—1999 c 14: See RCW 32.35.900.
[Title 32 RCW—page 21]
32.20.020
Title 32 RCW: Mutual Savings Banks
32.20.020 Power to invest funds—Restrictions. A
mutual savings bank shall have the power to invest its funds
in the manner set forth in chapter 32.08 RCW and in this
chapter and not otherwise. [1999 c 14 § 25; 1955 c 13 §
32.20.020. Prior: 1929 c 74 § 2; RRS § 3381-2.]
32.20.020
Severability—1999 c 14: See RCW 32.35.900.
32.20.030 Bonds or obligations of United States and
Canada. A mutual savings bank may invest its funds in the
bonds or obligations of the United States or the Dominion of
Canada or those for which the faith of the United States or the
Dominion of Canada is pledged to provide for the payment of
the interest and principal, including bonds of the District of
Columbia: PROVIDED, That in the case of bonds of the
Dominion or those for which its faith is pledged the interest
and principal is payable in the United States or with exchange
to a city in the United States and in lawful money of the
United States or its equivalent. [1955 c 13 § 32.20.030. Prior:
1937 c 95 § 1; 1929 c 74 § 3; 1925 ex.s. c 86 § 2; 1921 c 156
§§ 11, 11a; RRS § 3381-3.]
32.20.030
32.20.035 Investment trusts or companies. Except as
may be limited by the director by rule, a mutual savings bank
may invest its funds in obligations of the United States, as
authorized by RCW 32.20.030, either directly or in the form
of securities of, or other interests in, an open-end or closedend management type investment company or investment
trust registered under the federal investment company act of
1940, as now or hereafter amended, if both of the following
conditions are met:
(1) The portfolio of the investment company or investment trust is limited to obligations of the United States and to
repurchase agreements fully collateralized by such obligations; and
(2) The investment company or investment trust takes
delivery of the collateral for any repurchase agreement either
directly or through an authorized custodian. [1994 c 92 §
336; 1989 c 97 § 2.]
32.20.035
32.20.040 Federally insured or secured loans, securities, etc. A mutual savings bank may invest its funds:
(1) In such loans and advances of credit and purchases of
obligations representing loans and advances of credit as are
eligible for insurance by the Federal Housing Administrator,
and may obtain such insurance.
(2) In such loans secured by mortgage on real property as
the Federal Housing Administrator insures or makes a commitment to insure, and may obtain such insurance.
(3) In such other loans or contracts or advances of credit
as are insured or guaranteed or which are covered by a repurchase agreement in whole or in part by the United States or
through any corporation, administrator, agency or instrumentality which is or hereafter may be created by the United
States, and may obtain such insurance or guarantee.
(4) In capital stock, notes, bonds, debentures, or other
such obligations of any national mortgage association.
(5) In such loans as are secured by contracts of the
United States or any agency or department thereof assigned
under the "Assignment of Claims Act of 1940," approved
32.20.040
[Title 32 RCW—page 22]
October 9, 1940, and acts amendatory thereof or supplementary thereto, and may participate with others in such loans.
(6) In notes or bonds secured by mortgages issued under
sections 500 to 505, inclusive, of Title III of the Servicemen’s
Readjustment Act of 1944 (Public Law 346, 78th congress),
and any amendments thereto, and the regulations, orders or
rulings promulgated thereunder.
No law of this state prescribing the nature, amount, or
form of security or requiring security or prescribing or limiting interest rates or prescribing or limiting the term, shall be
deemed to apply to loans, contracts, advances of credit or
purchases made pursuant to the foregoing subdivisions (1),
(2), (3), (4), (5), and (6). [1963 c 176 § 5; 1955 c 13 §
32.20.040. Prior: 1945 c 228 § 1; 1941 c 15 § 6; 1939 c 33 §
1; 1935 c 10 § 1; 1929 c 74 § 3a; Rem. Supp. 1945 § 33813a.]
32.20.045
32.20.045 Obligations of corporations created as federal agency or instrumentality. A mutual savings bank
may invest its funds in capital stock, notes, bonds, debentures, or other such obligations of any corporation which is or
hereafter may be created by the United States as a governmental agency or instrumentality: PROVIDED, That the
total amount a mutual savings bank may invest pursuant to
this section shall not exceed fifteen percent of the funds of
such savings bank: PROVIDED FURTHER, That the
amounts heretofore or hereafter invested by a mutual savings
bank pursuant to any law of this state other than this section,
even if such investment might also be authorized under this
section, shall not be limited by the provisions of this section
and amounts so invested pursuant to any such other law of
this state shall not be included in computing the maximum
amount which may be invested pursuant to this section.
[1967 c 145 § 4; 1957 c 80 § 10.]
32.20.047
32.20.047 Stock of small business investment companies regulated by United States. A savings bank may purchase and hold for its own investment account stock in small
business investment companies licensed and regulated by the
United States, as authorized by the Small Business Act, Public Law 85-536, 72 Statutes at Large 384, in an amount not to
exceed one percent of the guaranty fund of such mutual savings bank. [1959 c 185 § 2.]
32.20.050
32.20.050 Bonds of state of Washington and its agencies. A mutual savings bank may invest its funds in the bonds
or interest bearing obligations of this state, or any agency
thereof, issued pursuant to the authority of any law of this
state, whether such bonds or interest bearing obligations are
general or limited obligations of the state or such agency.
[1955 c 13 § 32.20.050. Prior: 1953 c 238 § 4; 1929 c 74 § 9;
1921 c 156 § 11b; RRS § 3381-4.]
32.20.060
32.20.060 Bonds of other states. A mutual savings
bank may invest its funds in the bonds or obligations of any
other state of the United States upon which there is no
default. [1955 c 13 § 32.20.060. Prior: 1937 c 95 § 2; 1929
c 74 § 5; 1921 c 156 § 11c; RRS § 3381-5.]
(2008 Ed.)
Investments
32.20.070 Bonds and warrants of counties, municipalities, etc., of Washington. A mutual savings bank may
invest its funds in the valid warrants or bonds of any county,
city, town, school district, port district, water-sewer district,
or other municipal corporation in the state of Washington
issued pursuant to law and for the payment of which the faith
and credit of such county, municipality, or district is pledged
and taxes are leviable upon all taxable property within its limits.
A mutual savings bank may invest its funds in the water
revenue, sewer revenue, or electric revenue bonds of any city
or public utility district of this state for the payment of which
the entire revenue of the city’s or district’s water system,
sewer system, or electric system, less maintenance and operating costs, is irrevocably pledged. [1999 c 153 § 26; 1955 c
13 § 32.20.070. Prior: 1941 c 15 § 7; 1937 c 95 § 3; 1929 c
74 § 6; 1925 ex.s. c 86 § 3; 1921 c 156 § 11d; Rem. Supp.
1941 § 3381-6.]
32.20.070
Part headings not law—1999 c 153: See note following RCW
57.04.050.
32.20.080 Municipal bonds in adjoining state. A
mutual savings bank may invest its funds in the valid bonds
of any incorporated city having a population in excess of
three thousand inhabitants as shown by the last decennial federal census or of any county or school district situated in one
of the states of the United States which adjoins the state of
Washington: PROVIDED, That the indebtedness of such
city or school district, together with the indebtedness of any
other district or other municipal corporation or subdivision
(except a county) which is wholly or in part included within
the boundaries or limits of the city or school district, less its
water debt and sinking fund, does not exceed twelve percent,
or the indebtedness of the county less its sinking fund does
not exceed seven percent, of the valuation thereof for the purposes of taxation. [1955 c 13 § 32.20.080. Prior: 1937 c 95
§ 4; 1929 c 74 § 7; 1925 ex.s. c 86 § 4; 1921 c 156 § 11e; RRS
§ 3381-7.]
32.20.080
32.20.090 Housing and industrial development bonds
and municipal obligations in any state. A mutual savings
bank may invest in housing or industrial development bonds
or municipal obligations issued by a state, county, parish,
borough, city, or district situated in the United States, or by
any instrumentality thereof, provided such bonds or obligations at the time of purchase are prudent investments. [1985
c 56 § 11; 1955 c 13 § 32.20.090. Prior: 1937 c 95 § 5; 1929
c 74 § 8; 1921 c 156 § 11f; RRS § 3381-8.]
32.20.090
32.20.100 Revenue bonds of certain cities in any
state. A mutual savings bank may invest its funds in the
water revenue or electric revenue bonds of any incorporated
city situated in the United States: PROVIDED, That the city
has a population as shown by the last decennial federal census of at least forty-five thousand inhabitants, and the entire
revenue of the city’s water or electric system less maintenance and operating costs is irrevocably pledged to the payment of the interest and principal of the bonds. [1955 c 13 §
32.20.100. Prior: 1941 c 15 § 8; 1937 c 95 § 6; Rem. Supp.
1941 § 3381-8a.]
32.20.100
(2008 Ed.)
32.20.130
32.20.110 District bonds secured by taxing power. A
mutual savings bank may invest its funds in the bonds of any
port district, sanitary district, water-sewer district, tunnel district, bridge district, flood control district, park district, or
highway district in the United States which has a population
as shown by the last decennial federal census of not less than
one hundred fifty thousand inhabitants, and has taxable real
property with an assessed valuation in excess of two hundred
million dollars and has power to levy taxes on the taxable real
property therein for the payment of the bonds without limitation of rate or amount. [1999 c 153 § 27; 1955 c 13 §
32.20.110. Prior: 1937 c 95 § 7; RRS § 3381-8b.]
32.20.110
Part headings not law—1999 c 153: See note following RCW
57.04.050.
32.20.120 Local improvement district bonds. A
mutual savings bank may invest not to exceed fifteen percent
of its funds in the bonds or warrants of any local improvement district of any city or town of this state (except bonds or
warrants issued for an improvement consisting of grading
only), unless the total indebtedness of the district after the
completion of the improvement for which the bonds or warrants are issued, plus the amount of all other assessments of a
local or special nature against the land assessed or liable to be
assessed to pay the bonds, exceed fifty percent of the value of
the benefited property, exclusive of improvements, at the
time the bonds or warrants are purchased or taken by the
bank, according to the actual valuation last placed upon the
property for general taxation.
Before any such bonds or warrants are purchased or
taken as security the condition of the district’s affairs shall be
ascertained and the property of the district examined by at
least two members of the board of investment who shall
report in writing their findings and recommendations; and no
bonds or warrants shall be taken unless such report is favorable, nor unless the executive committee of the board of trustees after careful investigation is satisfied of the validity of the
bonds or warrants and of the validity and sufficiency of the
assessment or other means provided for payment thereof:
PROVIDED, That, excepting bonds issued by local improvement districts in cities of the first or second class, for
improvements ordered after June 7, 1927, no local improvement district bonds falling within the twenty-five percent in
amount of any issue last callable for payment, shall be
acquired or taken as security. [1955 c 13 § 32.20.120. Prior:
1953 c 238 § 5; 1929 c 74 § 9; 1921 c 156 § 11h; RRS § 33819.]
32.20.120
32.20.130 Bonds of irrigation, diking, drainage districts. A mutual savings bank may invest not to exceed five
percent of its funds in the bonds of any irrigation, diking,
drainage, diking improvement, or drainage improvement district of this state, unless the total indebtedness of the district
after the completion of the improvement for which the bonds
are issued, plus the amount of all other assessments of a local
or special nature against the land assessed or liable to be
assessed to pay the bonds, exceeds forty percent of the value
of the benefited property, exclusive of improvements, at the
time the bonds are purchased or taken by the bank, according
to the actual valuation last placed upon the property for general taxation.
32.20.130
[Title 32 RCW—page 23]
32.20.210
Title 32 RCW: Mutual Savings Banks
Before any such bonds are purchased or taken as security
the condition of the district’s affairs shall be ascertained and
the property of the district examined by at least two members
of the board of investment of the mutual savings bank, who
shall report in writing their findings and recommendations;
and no bonds shall be taken unless such report is favorable,
nor unless the executive committee of the board of trustees
after careful investigation is satisfied of the validity of the
bonds and of the sufficiency of the assessment or other means
provided for payment thereof: PROVIDED, That no mutual
savings bank shall invest a sum greater than three percent of
its funds, or, in any event, more than three hundred thousand
dollars, in the bonds of any one district described in this section. [1955 c 13 § 32.20.130. Prior: 1929 c 74 § 10; 1921 c
156 § 11h; RRS § 3381-10.]
32.20.210 Obligations of International Bank for
Reconstruction and Development. A mutual savings bank
may invest not to exceed five percent of its funds in interest
bearing obligations of the International Bank for Reconstruction and Development. [1955 c 13 § 32.20.210. Prior: 1949
c 119 § 3; Rem. Supp. 1949 § 3381-16b.]
32.20.210
32.20.215 Obligations issued or guaranteed by
Inter-American Development Bank. A mutual savings
bank may invest not to exceed five percent of its funds in
obligations issued or guaranteed by the Inter-American
Development Bank. [1963 c 176 § 14.]
32.20.215
32.20.217 Obligations of Asian Development Bank.
A mutual savings bank may invest not to exceed five percent
of its funds in obligations issued or guaranteed by the Asian
Development Bank. [1971 ex.s. c 222 § 7.]
32.20.217
Severability—1971 ex.s. c 222: See note following RCW 32.04.085.
32.20.219 Obligations issued or guaranteed by African Development Bank or other multilateral development
bank. A mutual savings bank may invest not to exceed five
percent of its funds in obligations issued or guaranteed by the
African Development Bank or in obligations issued or guaranteed by any multilateral development bank in which the
United States government formally participates. [1985 c 301
§ 1.]
32.20.219
32.20.220 Bankers’ acceptances, bills of exchange,
and commercial paper. A mutual savings bank may invest
not to exceed twenty percent of its funds in the following:
(1) Bankers’ acceptances, and bills of exchange made
eligible by law for rediscount with federal reserve banks, provided the same are accepted by a bank or trust company
which is a member of the federal reserve system and which
has a capital and surplus of not less than two million dollars,
or commercial paper which is a prudent investment.
(2) Bills of exchange drawn by the seller on the purchaser of goods and accepted by such purchaser, of the kind
made eligible by law for rediscount with federal reserve
banks, provided the same are indorsed by a bank or trust company which is a member of the federal reserve system and
which has a capital and surplus of not less than two million
dollars.
32.20.220
[Title 32 RCW—page 24]
The aggregate amount of the liability of any bank or trust
company to any mutual savings bank, whether as principal or
indorser, for acceptances held by such savings bank and
deposits made with it, shall not exceed twenty-five percent of
the paid up capital and surplus of such bank or trust company,
and not more than five percent of the funds of any mutual
savings bank shall be invested in the acceptances of or deposited with a bank or trust company of which a trustee of such
mutual savings bank is a director. [1985 c 56 § 12; 1955 c 13
§ 32.20.220. Prior: 1929 c 74 § 17; RRS § 3381-17.]
32.20.230 Notes secured by investments. A mutual
savings bank may invest its funds in promissory notes payable to the order of the savings bank, secured by the pledge or
assignment of investments lawfully purchasable by a savings
bank. No such loan shall exceed ninety percent of the cash
market value of such investments so pledged. Should any of
the investments so held in pledge depreciate in value after the
making of such loan, the savings bank shall require an immediate payment of such loan, or of a part thereof, or additional
security therefor, so that the amount loaned thereon shall at
no time exceed ninety percent of the market value of the
investments so pledged for such loan. [1969 c 55 § 5; 1963 c
176 § 6; 1955 c 13 § 32.20.230. Prior: 1945 c 228 § 2; 1929
c 74 § 18; Rem. Supp. 1945 § 3381-18.]
32.20.230
Interest and usury in general: Chapter 19.52 RCW.
32.20.240 Notes secured by pledge or assignment of
account. A mutual savings bank may invest its funds in
promissory notes made payable to the order of the savings
bank, secured by the pledge or assignment of the account of
the mutual savings bank as collateral security for the payment
thereof. No such loan shall exceed the balance due the holder
of such account. [1967 c 145 § 5; 1955 c 13 § 32.20.240.
Prior: 1945 c 228 § 3; 1929 c 74 § 19; 1921 c 156 § 11m;
Rem. Supp. 1945 § 3381-19.]
32.20.240
Interest and usury in general: Chapter 19.52 RCW.
32.20.253 Loans secured by real estate, mobile
homes, movable buildings. A mutual savings bank may
invest its funds in loans secured by real estate or on the security of mobile homes or other movable buildings or any interest or estate in any of the foregoing. Such loans may be on
such terms and conditions and subject to such limitations and
restrictions as the board of trustees shall from time to time
establish. [1981 c 86 § 14.]
32.20.253
Severability—1981 c 86: See note following RCW 32.08.140.
32.20.265 Valuation of property to be mortgaged—
Appraiser’s opinion. When, under any provision of this
title, a written report is required of members of the board of
investment of a mutual savings bank certifying according to
their best judgment the value of any property to be mortgaged
such value may be determined upon the signed opinion in
writing of an appraiser appointed by the board of trustees of
such bank. [1957 c 80 § 9.]
32.20.265
32.20.280 Investments in real estate. A mutual savings bank may invest its funds in real estate as follows:
32.20.280
(2008 Ed.)
Investments
(1) A tract of land whereon there is or may be erected a
building or buildings suitable for the convenient transaction
of the business of the savings bank, from portions of which
not required for its own use revenue may be derived: PROVIDED, That the cost of the land and building or buildings
for the transaction of the business of the savings bank shall in
no case exceed fifty percent of the guaranty fund, undivided
profits, reserves, and subordinated securities of the savings
bank, except with the approval of the director; and before the
purchase of such property is made, or the erection of a building or buildings is commenced, the estimate of the cost
thereof, and the cost of the completion of the building or
buildings, shall be submitted to and approved by the director.
"The cost of the land and building or buildings" means the
amounts paid or expended therefor less the reasonable depreciation thereof taken by the bank against such improvements
during the time they were held by the bank.
(2) Such lands as shall be conveyed to the savings bank
in satisfaction of debts previously contracted in the course of
its business.
(3) Such lands as the savings bank shall purchase at sales
under judgments, decrees, or mortgages held by it.
All real estate purchased by any such savings bank, or
taken by it in satisfaction of debts due it, under this section,
shall be conveyed to it directly by name, or in the name of a
corporation all of the stock of which is owned by the bank, or
in such other manner as the bank shall determine to be in the
best interest of the bank, and the conveyance shall be immediately recorded in the office of the proper recording officer
of the county in which such real estate is situated.
(4) Every parcel of real estate purchased or acquired by a
savings bank under subsections (2) and (3) of this section,
shall be sold by it within five years from the date on which it
was purchased or acquired, or in case it was acquired subject
to a right of redemption, within five years from the date on
which the right of redemption expires, unless:
(a) There is a building thereon occupied by the savings
bank and its offices,
(b) The director, on application of the board of trustees
of the savings bank, extends the time within which such sale
shall be made, or
(c) The property is held by the bank as an investment
under the provisions of RCW 32.20.285, as now or hereafter
amended. [1994 c 92 § 337; 1981 c 86 § 4; 1973 1st ex.s. c
31 § 6; 1969 c 55 § 7; 1955 c 13 § 32.20.280. Prior: 1929 c
74 § 22; 1921 c 156 § 110; 1915 c 175 § 12; RRS § 3381-22.]
Severability—1981 c 86: See note following RCW 32.08.140.
Construction—1973 1st ex.s. c 31: See RCW 32.20.500.
32.20.285 Investments through purchase of real
estate—Improvements. A mutual savings bank may invest
its funds in such real estate, improved or unimproved, and its
fixtures and equipment, as the savings bank shall purchase
either alone or with others or through ownership of interests
in entities holding such real estate. The savings bank may
improve property which it owns, and rent, lease, sell, and otherwise deal in such property, the same as any other owner
thereof. The total amount a mutual savings bank may invest
pursuant to this section shall not exceed twenty percent of its
funds. No officer or trustee of the bank shall own or hold any
32.20.285
(2008 Ed.)
32.20.330
interest in any property in which the bank owns an interest,
and in the event the bank owns an interest in property hereunder with or as a part of another entity, no officer or trustee of
the bank shall own more than two and one-half percent of the
equity or stock of any entity involved, and all of the officers
and trustees of the bank shall not own more than five percent
of the equity or stock of any entity involved. [1981 c 86 § 5;
1969 c 55 § 15.]
Severability—1981 c 86: See note following RCW 32.08.140.
32.20.300 Home loan bank as depositary. See RCW
30.32.040.
32.20.300
32.20.310 Deposit of securities. A savings bank may
deposit securities owned by it, for safekeeping, with any duly
designated depositary for the bank’s funds. The written statement of the depositary that it holds for safekeeping specified
securities of a savings bank may be taken as evidence of the
facts therein shown by any public officer or any officer of the
bank or committee of its trustees whose duty it is to examine
the affairs and assets of the bank. [1955 c 13 § 32.20.310.
Prior: 1929 c 74 § 24; 1927 c 184 § 4; RRS § 3381-24.]
32.20.310
32.20.320 Investment of funds. The trustees of every
savings bank shall as soon as practicable invest the moneys
deposited with it in the securities prescribed in this title.
The purchase by a savings bank of a negotiable certificate of deposit or similar security issued by a bank need not
be considered a deposit if the certificate or security is eligible
for investment by a savings bank under any other provision of
this title. [1969 c 55 § 8; 1955 c 13 § 32.20.320. Prior: 1929
c 74 § 25; 1925 ex.s. c 86 § 11; 1915 c 175 § 20; RRS § 338125.]
32.20.320
32.20.330 Investments—Loans, preferred stock, or
interest-bearing obligations—Restrictions. A mutual savings bank may invest in loans to sole proprietorships, partnerships, limited liability companies, corporations, or other entities, or in preferred stock or discounted or other interest bearing obligations issued, guaranteed, or assumed by limited
liability companies or corporations commonly accepted as
industrial corporations or engaged in communications, transportation, agriculture, furnishing utility professional services,
manufacturing, construction, mining, fishing, processing or
merchandising of goods, food, or information, banking, or
commercial or consumer financing, doing business or incorporated under the laws of the United States, or any state
thereof, or the District of Columbia, or the Dominion of Canada, or any province thereof, subject to the following conditions:
(1) Not more than two percent of the bank’s funds shall
be invested, pursuant to this section, in the aggregate of loans
to and preferred stock and obligations of any person, as
defined in *RCW 32.32.228(1)(c), and such person’s affiliates, as defined in RCW 32.32.025(1), incorporating the definition of control in RCW 32.32.025(8).
(2) Such loans or securities shall be prudent investments.
(3) Pursuant to this section, the total amount a savings
bank may invest shall not exceed fifty percent of its funds,
and not more than fifteen percent of the bank’s funds may be
32.20.330
[Title 32 RCW—page 25]
32.20.335
Title 32 RCW: Mutual Savings Banks
invested in such loans to or securities of any industry. [1999
c 14 § 26; 1985 c 56 § 13; 1973 1st ex.s. c 31 § 7; 1971 ex.s.
c 222 § 6; 1955 c 80 § 6.]
*Reviser’s note: RCW 32.32.228 was amended by 2005 c 348 § 5,
changing subsection (1)(c) to subsection (1)(d).
Severability—1999 c 14: See RCW 32.35.900.
Construction—1973 1st ex.s. c 31: See RCW 32.20.500.
Severability—1971 ex.s. c 222: See note following RCW 32.04.085.
32.20.335 Investments—Qualified thrift investments. A mutual savings bank may invest in loans or securities that are qualified thrift investments for a savings association subject to the limits specified in 12 U.S.C. Sec.
1467a(m). [1999 c 14 § 27.]
32.20.335
Severability—1999 c 14: See RCW 32.35.900.
32.20.340 Stock or bonds of federal home loan bank.
See RCW 30.32.020.
32.20.340
32.20.350 Stock of federal reserve bank or Federal
Deposit Insurance Corporation. See RCW 30.32.010.
32.20.350
32.20.370 Corporate bonds and other interest-bearing or discounted obligations. A mutual savings bank may
invest its funds in bonds or other interest bearing or discounted obligations of corporations not otherwise eligible for
investment by the savings bank which are prudent investments for such bank in the opinion of its board of trustees or
of a committee thereof whose action is ratified by such board
at its regular meeting next following such investment. The
total amount a mutual savings bank may invest pursuant to
this section shall not exceed ten percent of its funds. [1977
ex.s. c 104 § 5; 1967 c 145 § 9; 1959 c 41 § 6.]
32.20.370
32.20.380 Stocks, securities, of corporations not otherwise eligible for investment. A mutual savings bank may
invest its funds in stocks or other securities of corporations
not otherwise eligible for investment by the savings bank
which are prudent investments for the bank in the opinion of
its board of trustees or of a committee thereof whose action is
ratified by the board at its regular meeting next following the
investment. The total amount a mutual savings bank may
invest pursuant to this section shall not exceed fifty percent of
the total of its guaranty fund, undivided profits, and unallocated reserves, or five percent of its deposits, whichever is
less. [1981 c 86 § 6; 1963 c 176 § 16.]
32.20.380
Severability—1981 c 86: See note following RCW 32.08.140.
32.20.390 Obligations of corporations or associations
federally authorized to insure or market real estate mortgages—Loans, etc., eligible for insurance. A mutual savings bank may invest its funds:
(1) In capital stock, notes, bonds, debentures, participating certificates, and other obligations of any corporation or
association which is or hereafter may be created pursuant to
any law of the United States for the purpose of insuring or
marketing real estate mortgages: PROVIDED, That the
amount a mutual savings bank may invest in the capital stock
of any one such corporation shall not exceed five percent of
the funds of the mutual savings bank and the total amount it
32.20.390
[Title 32 RCW—page 26]
may invest in capital stock pursuant to this subsection (1)
shall not exceed ten percent of the funds of the mutual savings bank.
(2) In such loans, advances of credit, participating certificates, and purchases of obligations representing loans and
advances of credit as are eligible for insurance by any corporation or association which is or hereafter may be created pursuant to any law of the United States for the purpose of insuring real estate mortgages. The bank may do all acts necessary
or appropriate to obtain such insurance. No law of this state
prescribing the nature, amount, or form of security, or prescribing or limiting the period for which loans or advances of
credit may be made shall apply to loans, advances of credit,
or purchases made pursuant to this subsection (2). [1963 c
176 § 17.]
32.20.400 Loans for home or property repairs, alterations, appliances, improvements, additions, furnishings,
underground utilities, education or nonbusiness family
purposes. A mutual savings bank may invest not to exceed
twenty percent of its funds pursuant to this section in loans
for home or property repairs, alterations, appliances,
improvements, or additions, home furnishings, for installation of underground utilities, for educational purposes, or for
nonbusiness family purposes: PROVIDED, That the application therefor shall state that the proceeds are to be used for
one of the above purposes. [1999 c 14 § 28; 1981 c 86 § 7;
1977 ex.s. c 104 § 6; 1969 c 55 § 9; 1967 c 145 § 10; 1963 c
176 § 18.]
32.20.400
Severability—1999 c 14: See RCW 32.35.900.
Severability—1981 c 86: See note following RCW 32.08.140.
32.20.410 Limitation of total investment in certain
obligations. The aggregate total amount a mutual savings
bank may invest in the following shall not exceed the sum of
eighty-five percent of its funds and one hundred percent of its
borrowings as permitted under RCW 32.08.140, as now or
hereafter amended and RCW 32.08.190, as now or hereafter
amended:
(1) Mortgages upon real estate and participations
therein;
(2) Contracts for the sale of realty;
(3) Mortgages upon leasehold estates; and
(4) Notes secured by pledges or assignments of first
mortgages or real estate contracts.
The limitation of this section shall not apply to GNMA
certificates, mortgage backed bonds, mortgage passthrough
certificates or other similar securities purchased or held by
the bank. [1981 c 86 § 8; 1977 ex.s. c 104 § 7; 1969 c 55 §
10; 1963 c 176 § 19.]
32.20.410
Severability—1981 c 86: See note following RCW 32.08.140.
32.20.415 Limitation on certain secured and unsecured loans. In addition to all other investments and loans
authorized for mutual savings banks in this state, a mutual
savings bank may invest not more than twenty percent of its
funds in secured or unsecured loans on such terms and conditions as the bank may determine. [1981 c 86 § 15.]
32.20.415
Severability—1981 c 86: See note following RCW 32.08.140.
(2008 Ed.)
Investments
32.20.430 Loans to banks or trust companies. A
mutual savings bank may invest its funds in loans to banks or
trust companies which mature on the next business day following the day of making such loan. The loans may be evidenced by any writing or ledger entries deemed adequate by
the mutual savings bank and may be secured or unsecured.
The loans made hereunder are payable on the same basis as
are regular deposits in such banks, and therefore the transactions may be characterized for accounting and statement purposes and carried on the books of the mutual savings bank as
either a deposit with or a loan to the bank. [1971 ex.s. c 222
§ 3.]
32.20.430
Severability—1971 ex.s. c 222: See note following RCW 32.04.085.
32.20.440 Purchase of United States securities from
banks or trust companies. A mutual savings bank may
invest its funds in the purchase of United States government
securities from a bank or trust company, subject to the selling
bank’s or trust company’s agreement to repurchase such
securities on the business day next following their purchase
by the mutual savings bank. The securities may be purchased
at par, or at a premium or discount, as the mutual savings
bank may agree, and may be characterized for accounting and
statement purposes and carried on the books of the mutual
savings bank as such securities to the extent of their market
value, and as due from such banks or trust companies to the
extent that the repurchase price agreed to be paid exceeds
such market value. [1971 ex.s. c 222 § 4.]
32.20.440
Severability—1971 ex.s. c 222: See note following RCW 32.04.085.
32.20.445 Stock, other securities, and obligations of
federally insured institutions. A savings bank may invest
its funds in the stock and other securities and obligations of a
savings or banking institution or holding company thereof if
the deposits of the savings or banking institution are insured
by the federal deposit insurance corporation or any other federal instrumentalities established to carry on substantially the
same functions as such corporations. [1999 c 14 § 29; 1989 c
180 § 8.]
32.20.445
Severability—1999 c 14: See RCW 32.35.900.
32.20.450 Low-cost housing—Legislative finding.
The legislature finds there is a shortage of adequate housing
in a suitable environment in many parts of this state for people of modest means, which shortage adversely affects the
public in general and the mutual savings banks of this state
and their depositors. The legislature further finds that the
making of loans or investments to alleviate this problem
which may provide a less than market rate of return and entail
a higher degree of risk than might otherwise be acceptable,
will benefit this state, the banks, and their depositors. [1973
1st ex.s. c 31 § 1.]
32.20.450
Construction—1973 1st ex.s. c 31: See RCW 32.20.500.
32.20.460 Low-cost housing—Factory built housing—Mobile homes. In addition to the portions of its funds
permitted to be invested in real estate loans under RCW
32.20.410, a mutual savings bank may invest not to exceed
fifteen percent of its funds in loans and investments as follows:
32.20.460
(2008 Ed.)
32.20.480
(1) Loans for the rehabilitation, remodeling, or expansion of existing housing.
(2) Loans in connection with, or participation in:
(a) Housing programs of any agency of federal, state, or
local government; and
(b) Housing programs of any nonprofit, union, community, public, or quasi-public corporation or entity.
Such housing must be made available to all without
regard to race, creed, sex, color, or national origin.
(3) Loans for purchasing or constructing factory built
housing, including but not limited to mobile homes. The bank
shall determine the amount, security, and repayment basis
which it considers prudent for the loans.
(4) In mobile home chattel paper which finances the
acquisition of inventory by a mobile home dealer if the inventory is to be held for sale in the ordinary course of business by
the mobile home dealer, the monetary obligation evidenced
by such chattel paper is the obligation of the mobile home
dealer and the amount thereof does not exceed the amount
allowed to be loaned on such mobile homes under subsection
(3) of this section. [1981 c 86 § 9; 1977 ex.s. c 104 § 9; 1973
1st ex.s. c 31 § 2.]
Severability—1981 c 86: See note following RCW 32.08.140.
Construction—1973 1st ex.s. c 31: See RCW 32.20.500.
32.20.470 Improvement of private land for public
parks and recreation areas. Subject to the limits hereinafter set forth, a mutual savings bank may expend its funds for
the improvement for public use of privately owned land as
parks or recreation areas, including but not limited to "vest
pocket" parks, provided that the owner of such land will:
(1) Permit public use thereof for a period of at least eighteen months or for such longer period and subject to such
other requirements as the bank may impose; and
(2) At or before the end of public use, permit the removal
of all such improvements which in the bank’s judgment reasonably may be accomplished.
As used in this section, "public use" means use without
regard to race, creed, sex, color, or national origin. The
amount expended hereunder and under RCW
32.12.070(2)(d) in any calendar year shall not exceed onehalf of one percent of the net earnings of bank for the preceding year. [1973 1st ex.s. c 31 § 3.]
32.20.470
Construction—1973 1st ex.s. c 31: See RCW 32.20.500.
32.20.480 Loans or investments to provide adequate
housing and environmental improvements—Criteria—
Restrictions. Loans or investments made under *this 1973
amendatory act may provide a less than market rate of return
and entail a higher degree of risk than might otherwise be
acceptable to the general market, so long as the board of trustees of the bank determines the loan or investment may be
beneficial to the community where made, without the need to
show a direct corporate benefit, and so long as any private
individual who benefits is not, and is not related to any person
who is, an officer, employee, or trustee of the bank. It is
hereby recognized that the mutual savings banks of the state
of Washington and their depositors are affected adversely by
the absence of adequate low-cost housing and environmental
32.20.480
[Title 32 RCW—page 27]
32.20.500
Title 32 RCW: Mutual Savings Banks
developments and improvements within the communities
they serve and the state of Washington.
The amount a mutual savings bank may invest under
*this 1973 amendatory act during any twelve month period at
less than a market rate of return shall not exceed two percent
of the total principal amount of all real estate loans made by
the bank during the preceding twelve months. [1973 1st ex.s.
c 31 § 4.]
*Reviser’s note: "This 1973 amendatory act" consists of the enactment
of RCW 32.20.450, 32.20.460, 32.20.470, 32.20.480, 32.20.490, and
32.20.500 and the amendments to RCW 32.20.280 and 32.20.330 by 1973
1st ex.s. c 31.
Construction—1973 1st ex.s. c 31: See RCW 32.20.500.
32.20.500 Construction—1973 1st ex.s. c 31. The
powers granted by *this 1973 amendatory act are in addition
to and not in limitation of the powers conferred upon a
mutual savings bank by other provisions of law. [1973 1st
ex.s. c 31 § 8.]
32.20.500
*Reviser’s note: For "this 1973 amendatory act," see note following
RCW 32.20.480.
Chapter 32.24
Chapter 32.24 RCW
INSOLVENCY AND LIQUIDATION
Sections
32.24.010
32.24.020
32.24.030
32.24.040
32.24.050
32.24.060
32.24.070
32.24.080
32.24.090
32.24.100
Liquidation of solvent bank.
Procedure to liquidate and dissolve.
Transfer of assets and liabilities to another bank.
Unsafe practices—Notice to correct.
Liquidation of bank in unsound condition or insolvent.
Possession by director—Bank may contest.
Receiver prohibited except in emergency.
Transfer of assets when insolvent—Penalty.
Federal deposit insurance corporation as receiver or liquidator—Appointment—Powers and duties.
Payment or acquisition of deposit liabilities by federal deposit
insurance corporation—Not hindered by judicial review—
Liability.
32.24.010 Liquidation of solvent bank. If the trustees
of any solvent mutual savings bank deem it necessary or
expedient to close the business of such bank, they may, by
affirmative vote of not less than two-thirds of the whole number of trustees, at a meeting called for that purpose, of which
one month’s notice has been given, either personally or by
mailing such notice to the post office address of each trustee,
declare by resolution their determination to close such business and pay the moneys due depositors and creditors and to
surrender the corporate franchise. Subject to the approval and
under the direction of the director, such savings bank may
adopt any lawful plan for closing up its affairs, as nearly as
may be in accordance with the original plan and objects.
[1994 c 92 § 339; 1955 c 13 § 32.24.010. Prior: 1915 c 175 §
45; RRS § 3374.]
32.24.010
32.24.020 Procedure to liquidate and dissolve. When
the trustees, acting under the provisions of RCW 32.24.010,
have paid the sums due respectively to all creditors and
depositors, who, after such notice as the director shall prescribe, claim the money due and their deposits, the trustees
shall make a transcript or statement from the books in the
bank of the names of all depositors and creditors who have
not claimed or have not received the balance of the credit due
32.24.020
[Title 32 RCW—page 28]
them, and of the sums due them, respectively, and shall file
such transcript with the director and pay over and transfer all
such unclaimed and unpaid deposits, credits, and moneys to
the director. The trustees shall then report their proceedings,
duly verified, to the superior court of the county wherein the
bank is located, and upon such report and the petition of the
trustees, and after notice to the attorney general and the director, and such other notice as the court may deem necessary,
the court shall adjudge the franchise surrendered and the
existence of the corporation terminated. Certified copies of
the judgment shall be filed in the offices of the secretary of
state and the director and shall be recorded in the office of the
secretary of state. [1994 c 92 § 340; 1981 c 302 § 29; 1955 c
13 § 32.24.020. Prior: 1931 c 132 § 4; 1915 c 175 § 46; RRS
§ 3375.]
Severability—1981 c 302: See note following RCW 19.76.100.
32.24.030 Transfer of assets and liabilities to another
bank. An unconverted mutual savings bank may for the purpose of consolidation, acquisition, pooling of assets, merger,
or voluntary liquidation arrange for its assets and liabilities to
become assets and liabilities of another mutual savings bank,
by the affirmative vote or with the written consent of twothirds of the whole number of its trustees, but only with the
written consent of the director and upon such terms and conditions as he or she may prescribe.
Upon any such transfer being made, or upon the liquidation of any such mutual savings bank for any cause whatever,
or upon its being no longer engaged in the business of a
mutual savings bank, the director shall terminate its certificate of authority, which shall not thereafter be revived or
renewed. When the certificate of authority of any such corporation has been revoked, it shall forthwith collect and distribute its remaining assets, and when that is done, the director
shall certify the fact to the secretary of state, whereupon the
corporation shall cease to exist and the secretary of state shall
note the fact upon his or her records.
In case of the consolidation with or voluntary liquidation
of a mutual savings bank by another mutual savings bank, as
herein provided, any sums advanced by its incorporators, or
others, to create or maintain its guaranty fund or its expense
fund shall not be liabilities of such mutual savings bank
unless the mutual savings bank, so assuming its liabilities
shall specifically undertake to pay the same, or a stated portion thereof. [1994 c 92 § 341; 1985 c 56 § 14; 1955 c 13 §
32.24.030. Prior: 1931 c 132 § 5; RRS § 3375a.]
32.24.030
32.24.040 Unsafe practices—Notice to correct.
Whenever it appears to the director that any mutual savings
bank is conducting its business in an unsafe manner or that it
refuses to submit its books, papers, or concerns to lawful
inspection, or that any trustee or officer thereof refuses to
submit to examination on oath touching its concerns, or that
it has failed to carry out any authorized order or direction of
the director, such director may give notice to the mutual savings bank so offending or delinquent or whose trustee or
officer is thus offending or delinquent to correct such offense
or delinquency, and if the mutual savings bank fails to comply with the terms of such notice within thirty days from the
date of its issuance, or within such further time as the director
32.24.040
(2008 Ed.)
Insolvency and Liquidation
may allow, then the director may take possession of such
mutual savings bank as in the case of insolvency. [1994 c 92
§ 342; 1955 c 13 § 32.24.040. Prior: 1931 c 132 § 6; RRS §
3375b.]
32.24.050 Liquidation of bank in unsound condition
or insolvent. Whenever it appears to the director that any
offense or delinquency referred to in RCW 32.24.040 renders
a mutual savings bank in an unsound or unsafe condition to
continue its business, or that it has suspended payment of its
obligations, or is insolvent, such director may take possession
thereof without notice.
Upon taking possession of any mutual savings bank, the
director shall forthwith proceed to liquidate the business,
affairs, and assets thereof and such liquidation shall be had in
accordance with the provisions of law governing the liquidation of insolvent banks and trust companies. [1994 c 92 §
343; 1955 c 13 § 32.24.050. Prior: 1931 c 132 § 7; RRS §
3375c.]
32.24.050
32.24.060 Possession by director—Bank may contest.
Within ten days after the director takes possession thereof, a
mutual savings bank may serve notice upon such director to
appear before the superior court in the county wherein such
corporation is located, at a time to be fixed by said court,
which shall not be less than five nor more than fifteen days
from the date of the service of such notice, to show cause why
such corporation should not be restored to the possession of
its assets. Upon the return day of such notice, or such further
day as the matter may be continued to, the court shall summarily hear said cause and shall dismiss the same, if it finds
that possession was taken by the director in good faith and for
cause, but if it finds that no cause existed for the taking possession of such corporation, it shall require the director to
restore the bank to the possession of its assets and enjoin him
or her from further interference therewith without cause.
[1994 c 92 § 344; 1955 c 13 § 32.24.060. Prior: 1931 c 132 §
8; RRS § 3375d.]
32.24.060
32.24.070 Receiver prohibited except in emergency.
No receiver shall be appointed by any court for any mutual
savings bank, nor shall any assignment of any such bank for
the benefit of creditors be valid, excepting only that a court
otherwise having jurisdiction may in case of imminent necessity appoint a temporary receiver to take possession of and
preserve the assets of the mutual savings bank. Immediately
upon any such appointment, the clerk of the court shall notify
the director by telegram and mail of such appointment and
the director shall forthwith take possession of the mutual savings bank, as in case of insolvency, and the temporary
receiver shall upon demand of the director surrender up to
him or her such possession and all assets which have come
into his or her hands. The director shall in due course pay
such receiver out of the assets of the mutual savings bank
such amount as the court shall allow. [1994 c 92 § 345; 1955
c 13 § 32.24.070. Prior: 1931 c 132 § 9; RRS § 3375e.]
32.24.070
32.24.080 Transfer of assets when insolvent—Penalty. (1) Every transfer of its property or assets by any
mutual savings bank in this state, made (a) after it has become
32.24.080
(2008 Ed.)
32.24.100
insolvent, (b) within ninety days before the date the director
takes possession of such savings bank under RCW 32.24.050
or the federal deposit insurance corporation is appointed as
receiver or liquidator of such savings bank under RCW
32.24.090, and (c) with the view to the preference of one
creditor over another or to prevent equal distribution of its
property and assets among its creditors, shall be void.
(2) Every trustee, officer, or employee making any transfer described in subsection (1) of this section is guilty of a
class B felony punishable according to chapter 9A.20 RCW.
[2003 c 53 § 196; 1994 c 92 § 346; 1985 c 56 § 15; 1955 c 13
§ 32.24.080. Prior: 1931 c 132 § 10; RRS § 3379a.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
32.24.090
32.24.090 Federal deposit insurance corporation as
receiver or liquidator—Appointment—Powers and
duties. The federal deposit insurance corporation is hereby
authorized and empowered to be and act without bond as
receiver or liquidator of any mutual savings bank the deposits
in which are to any extent insured by that corporation and
which shall have been closed on account of inability to meet
the demands of its depositors. In the event of such closing,
the director may appoint the federal deposit insurance corporation as receiver or liquidator of such mutual savings bank.
If the corporation accepts such appointment, it shall have and
possess all the powers and privileges provided by the laws of
this state with respect to a liquidator of a mutual savings
bank, its depositors and other creditors, and be subject to all
the duties of such liquidator, except insofar as such powers,
privileges, or duties are in conflict with the provisions of the
federal deposit insurance act, as now or hereafter amended.
[1994 c 92 § 347; 1973 1st ex.s. c 54 § 3.]
32.24.100
32.24.100 Payment or acquisition of deposit liabilities by federal deposit insurance corporation—Not hindered by judicial review—Liability. The pendency of any
proceedings for judicial review of the director’s actions in
taking possession and control of a mutual savings bank and
its assets for the purpose of liquidation shall not operate to
defer, delay, impede, or prevent the payment or acquisition
by the federal deposit insurance corporation of the deposit
liabilities of the mutual savings bank which are insured by the
corporation. During the pendency of any proceedings for
judicial review, the director shall make available to the federal deposit insurance corporation such facilities in or of the
mutual savings bank and such books, records, and other relevant data of the mutual savings bank as may be necessary or
appropriate to enable the corporation to pay out or to acquire
the insured deposit liabilities of the mutual savings bank. The
federal deposit insurance corporation and its directors, officers, agents, and employees, the director, and his or her agents
and employees shall be free from liability to the mutual savings bank, its directors, stockholders, and creditors for or on
account of any action taken in connection herewith. [1994 c
92 § 348; 1973 1st ex.s. c 54 § 4.]
[Title 32 RCW—page 29]
Chapter 32.28
Chapter 32.28
Title 32 RCW: Mutual Savings Banks
Chapter 32.28 RCW
SATELLITE FACILITIES
(See chapter 30.43 RCW)
Chapter 32.30 RCW
CONVERSION OF MUTUAL SAVINGS BANK TO
BUILDING AND LOAN OR SAVINGS
AND LOAN ASSOCIATION
32.32.215
32.32.220
32.32.222
32.32.225
32.32.228
Chapter 32.30
(See chapter 33.46 RCW)
Chapter 32.32 RCW
CONVERSION OF MUTUAL SAVINGS BANK TO
CAPITAL STOCK SAVINGS BANK
32.32.230
32.32.235
32.32.240
32.32.245
32.32.250
Chapter 32.32
32.32.265
Sections
32.32.010
32.32.015
32.32.020
32.32.025
32.32.030
32.32.035
32.32.040
32.32.042
32.32.045
32.32.050
32.32.055
32.32.060
32.32.065
32.32.070
32.32.075
32.32.080
32.32.085
32.32.090
32.32.095
32.32.100
32.32.105
32.32.110
32.32.115
32.32.120
32.32.125
32.32.130
32.32.135
32.32.140
32.32.145
32.32.150
32.32.155
32.32.160
32.32.165
32.32.170
32.32.175
32.32.180
32.32.185
32.32.190
32.32.195
32.32.200
32.32.205
32.32.210
32.32.255
32.32.260
Chapter exclusive—Prohibition on conversion without
approval—Waiver of requirements.
Forms.
Request of noncompliance—Requirements.
Definitions.
Prohibition on approval of certain applications for conversion.
Requirements of plan of conversion.
Issuance of capital stock—Price.
Shares—Certificate not required.
Stock purchase subscription rights—Eligible account holders.
Stock purchase subscription rights received by officers, directors, and their associates—Subordination.
Supplemental share purchase subscription rights—Supplemental eligible account holder—Conditions.
Sale of shares not sold in subscription offering—Methods—
Conditions.
Limitation on subscription and purchase of shares by person
with associate or group—Amount.
Limitation on purchase of shares by officers, directors, and
their associates—Amount.
Prohibition on purchase of shares by officers, directors, and
their associates—Exception.
Uniform sales price of shares required—Application to specify
arrangements on sale of shares not sold in subscription offering.
Savings account holder to receive withdrawable savings
account(s)—Amount.
Liquidation account—Establishment and maintenance
required.
Establishment of eligibility record date required.
Capital stock—Voting rights.
Amendment and termination of plan of conversion.
Restriction on sale of shares of stock by directors and officers.
Conditions on shares of stock subject to restriction on sale.
Registration of securities—Marketing of securities—Listing
of shares on securities exchange or NASDAQ quotation system.
Reasonable expenses required.
Plan of conversion—Prohibited provisions.
Plan of conversion—Permissible provisions.
Purchase of certain shares of stock by directors, officers, and
employees permitted—Conditions.
Receipt of certain subscription rights by account holders permitted—Amount—Conditions.
Permissible sales of insignificant residue of shares.
Limitation on number of shares subscribed in subscription
offering permitted.
Minimum purchase requirement in exercise of subscription
rights permitted.
Stock option plan permitted—Reserved shares.
Issuance of securities in lieu of capital stock permitted—References to capital stock.
Approval of other equitable provisions.
Amount of qualifying deposit of eligible account holder or
supplemental eligible account holder.
Liquidation account—Establishment required—Amount—
Function.
Liquidation account—Maintenance required—Subaccounts.
Liquidation account—Distribution upon complete liquidation.
Liquidation account—Determination of subaccount balances.
Reduction of subaccount balance.
Converted savings bank prohibited from repurchasing its stock
without approval.
[Title 32 RCW—page 30]
32.32.270
32.32.275
32.32.280
32.32.285
32.32.290
32.32.295
32.32.300
32.32.305
32.32.310
32.32.315
32.32.320
32.32.325
32.32.330
32.32.335
32.32.340
32.32.345
32.32.350
32.32.355
32.32.360
32.32.365
32.32.370
32.32.375
32.32.380
32.32.385
32.32.390
32.32.395
32.32.400
32.32.405
32.32.410
32.32.415
32.32.420
32.32.425
32.32.430
32.32.435
32.32.440
32.32.445
32.32.450
32.32.455
32.32.460
32.32.465
32.32.470
32.32.475
32.32.480
32.32.485
32.32.490
32.32.495
32.32.497
Limitation on cash dividends.
Limitation on certain cash dividends within ten years of conversion.
Dividends on preferred stock.
Prohibitions on offer, sale, or purchase of securities.
Acquisition of control of a converted savings bank—State reciprocity—Definitions.
Nonapproval of conversion unless acquisition of control
within three years by certain companies prohibited.
Plan of conversion—Charter restrictions permitted.
Confidentiality of consideration to convert—Remedial measures for breach.
Public statement authorized.
Adoption of plan of conversion—Notice to and inspection by
account holders—Statement and letter—Press release authorized.
Statement, letter, and press release—Content permitted.
Statement, letter, and press release—Contents prohibited—
Inquiries.
Notices of filing of application—Requests for subscription
offering circular.
Filing of notice and affidavit of publication required.
Applications available for public inspection—Confidential
information.
Offers and sales of securities—Prohibitions.
Distribution of offering circulars authorized.
Preliminary offering circular for subscription offering—Estimated subscription price range required.
Review of price information by director.
Underwriting commissions.
Consideration of pricing information by director—Guidelines.
Submission of information by applicant.
Subscription offering—Distribution of order forms for the purchase of shares.
Order forms—Final offering circular and detailed instructions.
Subscription price.
Order form—Contents.
Order form—Additional provision authorized—Payment by
withdrawal.
Time period for completion of sale of all shares of capital
stock.
Copies of application for approval to be filed.
Nonacceptance and return of applications.
Continuity of corporate existence.
Form of application.
Representations upon filing of application.
Representations upon filing of application—Exception.
Application to furnish information.
Application—Additional information required.
Omission of certain information permitted—Conditions.
Offering circular—Certain manner of presentation of required
information prohibited.
Form and contents of filings.
Conformance required to order prohibiting the use of any filing.
Application—Certain named persons—Filing of written consent required.
Offering circular—Certain named persons—Filing of written
consent required.
Date of receipt—Date of filing.
Availability for conferences in advance of filing of application—Refusal of prefiling review.
Appeal from refusal to approve application.
Postconversion reports.
Definitions.
Certain agreement to transfer and transfers of ownership in
rights or securities prohibited.
Certain offers and announcements on securities prohibited.
Certain offers and acquisitions prohibited.
Nonapplicability of RCW 32.32.440 and 32.32.445.
Nonapplicability of RCW 32.32.445 and 32.32.450.
Nonapplicability of RCW 32.32.450.
Approval of certain applications prohibited.
Penalty for violations.
Name of converted savings bank.
Amendments to charter required in application—Articles of
incorporation—Filing of certificate required—Contents—
Issuance and filing of authorization certificate.
Amendments to articles of incorporation.
Directors—Election—Meetings—Quorum—Oath—Vacancies.
Conversions incident to acquisition by savings bank holding
company or merger or consolidation with savings bank hold(2008 Ed.)
Conversion of Mutual Savings Bank to Capital Stock Savings Bank
32.32.500
32.32.505
32.32.515
32.32.520
32.32.525
32.32.900
ing company subsidiary—Application of RCW 32.32.110
and 32.32.115.
Merger, consolidation, conversion, etc.—Approval—Concentration limits.
Intent—References in the Revised Code of Washington.
Guaranty fund.
"Funds" defined.
Prohibition on certain securities and purchases—Exception.
Severability—1981 c 85.
32.32.010 Chapter exclusive—Prohibition on conversion without approval—Waiver of requirements. This
chapter shall exclusively govern the conversion of mutual
savings banks to capital stock savings banks. No mutual savings bank may convert to the capital stock form of organization without the prior written approval of the director pursuant to this chapter, except that the director may waive
requirements of this chapter in appropriate cases. [1994 c 92
§ 349; 1981 c 85 § 1.]
32.32.010
32.32.015 Forms. The director may prescribe under
this chapter such forms as the director deems appropriate for
use by a mutual savings bank seeking to convert to a capital
stock savings bank pursuant to this chapter. [1994 c 92 §
350; 1981 c 85 § 2.]
32.32.015
32.32.020 Request of noncompliance—Requirements. (1) If an applicant finds that compliance with any
provision of this chapter would be in conflict with applicable
federal law, the director shall grant or deny a request of noncompliance with the provision. The request may be incorporated in the application for conversion; otherwise, the applicant shall file the request in accordance with the requirements
of the director.
(2) In making any such request, the applicant shall:
(a) Specify the provision or provisions of this chapter
with respect to which the applicant desires waiver;
(b) Furnish an opinion of counsel demonstrating that
applicable federal law is in conflict with the specified provision or provisions of this chapter; and
(c) Demonstrate that the requested waiver would not
result in any effects that would be inequitable or detrimental
to the applicant, its account holders, or other financial institutions or would be contrary to the public interest. [1994 c 92
§ 351; 1981 c 85 § 3.]
32.32.020
32.32.025 Definitions. As used in this chapter, the following definitions apply, unless the context otherwise
requires:
(1) Except as provided in RCW 32.32.230, an "affiliate"
of, or a person "affiliated" with, a specified person, is a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the person specified.
(2) The term "amount", when used in regard to securities, means the principal amount if relating to evidences of
indebtedness, the number of shares if relating to shares, and
the number of units if relating to any other kind of security.
(3) An "applicant" is a mutual savings bank which has
applied to convert pursuant to this chapter.
(4) The term "associate", when used to indicate a relationship with any person, means (a) any corporation or organization (other than the applicant or a majority-owned sub32.32.025
(2008 Ed.)
32.32.025
sidiary of the applicant) of which the person is an officer or
partner or is, directly or indirectly, the beneficial owner of ten
percent or more of any class of equity securities, (b) any trust
or other estate in which the person has a substantial beneficial
interest or as to which the person serves as trustee or in a similar fiduciary capacity, and (c) any relative who would be a
"class A beneficiary" if the person were a decedent.
(5) The term "broker" means any person engaged in the
business of effecting transactions in securities for the account
of others.
(6) The term "capital stock" includes permanent stock,
guaranty stock, permanent reserve stock, any similar certificate evidencing nonwithdrawable capital, or preferred stock,
of a savings bank converted under this chapter or of a subsidiary institution or holding company.
(7) The term "charter" includes articles of incorporation,
articles of reincorporation, and certificates of incorporation,
as amended, effecting (either with or without filing with any
governmental agency) the organization or creation of an
incorporated person.
(8) Except as provided in RCW 32.32.230, the term
"control" (including the terms "controlling", "controlled by",
and "under common control with") means the possession,
direct or indirect, of the power to direct or cause the direction
of the management and policies of a person, whether through
the ownership of voting securities, by contract, or otherwise.
(9) The term "dealer" means any person who engages
either for all or part of his or her time, directly or indirectly,
as agent, broker, or principal, in the business of offering, buying, selling, or otherwise dealing or trading in securities
issued by another person.
(10) The term "deposits" refers to the deposits of a savings bank that is converting under this chapter, and may refer
in addition to the deposits or share accounts of any other
financial institution that is converting to the stock form in
connection with a merger with and into a savings bank.
(11) The term "director" means any director of a corporation, any trustee of a mutual savings bank, or any person
performing similar functions with respect to any organization
whether incorporated or unincorporated.
(12) The term "eligibility record date" means the record
date for determining eligible account holders of a converting
mutual savings bank.
(13) The term "eligible account holder" means any person holding a qualifying deposit as determined in accordance
with RCW 32.32.180.
(14) The term "employee" does not include a director or
officer.
(15) The term "equity security" means any stock or similar security; or any security convertible, with or without consideration, into such a security, or carrying any warrant or
right to subscribe to or purchase such a security; or any such
warrant or right.
(16) The term "market maker" means a dealer who, with
respect to a particular security, (a) regularly publishes bona
fide, competitive bid and offer quotations in a recognized
interdealer quotation system; or (b) furnishes bona fide competitive bid and offer quotations on request; and (c) is ready,
willing, and able to effect transaction in reasonable quantities
at his or her quoted prices with other brokers or dealers.
[Title 32 RCW—page 31]
32.32.030
Title 32 RCW: Mutual Savings Banks
(17) The term "material", when used to qualify a requirement for the furnishing of information as to any subject, limits the information required to those matters as to which an
average prudent investor ought reasonably to be informed
before purchasing an equity security of the applicant.
(18) The term "mutual savings bank" means a mutual
savings bank organized and operating under Title 32 RCW.
(19) Except as provided in RCW 32.32.435, the term
"offer", "offer to sell", or "offer of sale" shall include every
attempt or offer to dispose of, or solicitation of an offer to
buy, a security or interest in a security, for value. These terms
shall not include preliminary negotiations or agreements
between an applicant and any underwriter or among underwriters who are or are to be in privity of contract with an
applicant.
(20) The term "officer", for purposes of the purchase of
stock in a conversion under this chapter or the sale of this
stock, means the chairman of the board, president, vice president, secretary, treasurer or principal financial officer,
comptroller or principal accounting officer, and any other
person performing similar functions with respect to any organization whether incorporated or unincorporated.
(21) Except as provided in RCW 32.32.435, the term
"person" means an individual, a corporation, a partnership, an
association, a joint-stock company, a trust, any unincorporated organization, or a government or political subdivision
thereof.
(22) The term "proxy" includes every form of authorization by which a person is or may be deemed to be designated
to act for a stockholder in the exercise of his or her voting
rights in the affairs of an institution. Such an authorization
may take the form of failure to dissent or object.
(23) The terms "purchase" and "buy" include every contract to purchase, buy, or otherwise acquire a security or
interest in a security for value.
(24) The terms "sale" and "sell" include every contract to
sell or otherwise dispose of a security or interest in a security
for value; but these terms do not include an exchange of securities in connection with a merger or acquisition approved by
the director.
(25) The term "savings account" means deposits established in a mutual savings bank and includes certificates of
deposit.
(26) Except as provided in RCW 32.32.435, the term
"security" includes any note, stock, treasury stock, bond,
debenture, transferable share, investment contract, votingtrust certificate, or in general, any instrument commonly
known as a "security"; or any certificate of interest or participation in, temporary or interim certificate for, receipt for, or
warrant or right to subscribe to or purchase any of the foregoing.
(27) The term "series of preferred stock" refers to a subdivision, within a class of preferred stock, each share of
which has preferences, limitations, and relative rights identical with those of other shares of the same series.
(28) The term "subscription offering" refers to the offering of shares of capital stock, through nontransferable subscription rights issued to: (a) Eligible account holders as
required by RCW 32.32.045; (b) supplemental eligible
account holders as required by RCW 32.32.055; (c) directors,
officers, and employees, as permitted by RCW 32.32.140;
[Title 32 RCW—page 32]
and (d) eligible account holders and supplemental eligible
account holders as permitted by RCW 32.32.145.
(29) A "subsidiary" of a specified person is an affiliate
controlled by the person, directly or indirectly through one or
more intermediaries.
(30) The term "supplemental eligibility record date"
means the supplemental record date for determining supplemental eligible account holders of a converting savings bank
required by RCW 32.32.055. The date shall be the last day of
the calendar quarter preceding director approval of the application for conversion.
(31) The term "supplemental eligible account holder"
means any person holding a qualifying deposit, except officers, directors, and their associates, as of the supplemental eligibility record date.
(32) The term "underwriter" means any person who has
purchased from an applicant with a view to, or offers or sells
for an applicant in connection with, the distribution of any
security, or participates or has a direct or indirect participation in the direct or indirect underwriting of any such undertaking; but the term does not include a person whose interest
is limited to a commission from an underwriter or dealer not
in excess of the usual and customary distributors’ or sellers
commission. The term "principal underwriter" means an
underwriter in privity of contract with the applicant or other
issuer of securities as to which that person is the underwriter.
Terms defined in other chapters of this title, when used
in this chapter, shall have the meanings given in those definitions, to the extent those definitions are not inconsistent with
the definitions contained in this chapter unless the context
otherwise requires. [1995 c 134 § 7. Prior: 1994 c 256 § 105;
1994 c 92 § 352; 1985 c 56 § 16; 1981 c 85 § 4.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.32.030 Prohibition on approval of certain applications for conversion. No application for conversion may be
approved by the director if:
(1) The plan of conversion adopted by the applicant’s
board of directors is not in accordance with this chapter;
(2) The conversion would result in a reduction of the
applicant’s net worth below requirements established by the
director;
(3) The conversion may result in a taxable reorganization
of the applicant under the United States Internal Revenue
Code of 1954, as amended; or
(4) The converted savings bank does not meet the insurance requirements as established by the director. [1994 c 92
§ 353; 1981 c 85 § 5.]
32.32.030
32.32.035 Requirements of plan of conversion. The
plan of conversion shall contain all of the provisions set forth
in RCW 32.32.040 through 32.32.125. [1981 c 85 § 6.]
32.32.035
32.32.040 Issuance of capital stock—Price. A converted savings bank or a holding company organized pursuant to chapter 32.34 RCW shall issue and sell capital stock at
a total price equal to the estimated pro forma market value of
the stock issued in connection with the conversion, based on
an independent valuation, as provided in RCW 32.32.305. In
the conversion of a mutual savings bank or holding company,
32.32.040
(2008 Ed.)
Conversion of Mutual Savings Bank to Capital Stock Savings Bank
either of which is in the process of merging with, being
acquired by, or consolidating with a stock savings bank, or a
savings bank holding company owned by stockholders, or a
subsidiary thereof, the following subsections apply:
(1) The price per share of the shares offered for subscription and issued in the conversion shall be not less than the
price reported for stock which is listed on a national or
regional stock exchange, or the bid price for stock which is
traded on the NASDAQ system, as of the day before any public offering or other completion of the sale of stock in the conversion: PROVIDED, That for stock not so listed and not
traded on the NASDAQ system, and any stock whose price
has been affected, as of the day specified above, by a violation of RCW 32.32.225, the price per share shall be determined by the director, upon the submission of such information as the director may request.
(2) The independent valuation as provided in RCW
32.32.305 shall determine the aggregate value of shares for
which subscription rights are granted pursuant to RCW
32.32.045, 32.32.050, and 32.32.055, rather than a price per
share or number of shares as provided in RCW 32.32.290,
32.32.325, and 32.32.330. This independent valuation may
be replaced by a demonstration, to the satisfaction of the
director, of the fairness of the price of the shares issued.
[1994 c 92 § 354; 1985 c 56 § 17; 1981 c 85 § 7.]
32.32.042 Shares—Certificate not required. (1)
Shares of a savings bank may, but need not be, represented by
certificates. Unless this title expressly provides otherwise, the
rights and obligations of shareholders are identical whether
or not their shares are represented by certificates. At a minimum, each share certificate must state the information
required to be stated and must be signed as provided in RCW
23B.06.250 and/or 23B.06.270 for corporations.
(2) Unless the articles of incorporation or bylaws provide
otherwise, the board of directors of a savings bank may
authorize the issue of some or all of the shares of any or all of
its classes or series without certificates. The authorization
does not affect shares already represented by certificates until
they are surrendered to the savings bank.
(3) Within a reasonable time after the issue or transfer of
shares without certificates, the savings bank shall send the
shareholder a written statement of the information required to
be stated on certificates under subsection (1) of this section.
[1994 c 256 § 114.]
32.32.042
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.32.045 Stock purchase subscription rights—Eligible account holders. Each eligible account holder shall
receive, without payment, nontransferable subscription rights
to purchase capital stock in an amount equal to the greatest of
two hundred shares, one-tenth of one percent of the total
offering of shares, or fifteen times the product (rounded down
to the next whole number) obtained by multiplying the total
number of shares of capital stock to be issued by a fraction of
which the numerator is the amount of the qualifying deposit
of the eligible account holder and the denominator is the total
amount of qualifying deposits of all eligible account holders
in the converting savings bank. If the allotment made in this
section results in an oversubscription, shares shall be allo32.32.045
(2008 Ed.)
32.32.055
cated among subscribing eligible account holders so as to
permit each such account holder, to the extent possible, to
purchase a number of shares sufficient to make his total allocation equal to one hundred shares. Any shares not so allocated shall be allocated among the subscribing eligible
account holders on such equitable basis, related to the
amounts of their respective qualifying deposits, as may be
provided in the plan of conversion. [1981 c 85 § 8.]
32.32.050
32.32.050 Stock purchase subscription rights
received by officers, directors, and their associates—Subordination. Nontransferable subscription rights to purchase
capital stock received by officers and directors and their associates of the converting savings bank based on their increased
deposits in the converting savings bank in the one-year
period preceding the eligibility record date shall be subordinated to all other subscriptions involving the exercise of nontransferable subscription rights to purchase shares pursuant to
RCW 32.32.045. [1981 c 85 § 9.]
32.32.055
32.32.055 Supplemental share purchase subscription
rights—Supplemental eligible account holder—Conditions. In plans involving an eligibility record date that is
more than fifteen months prior to the date of the latest amendment to the application for conversion filed prior to the director approval, a supplemental eligibility record date shall be
determined whereby each supplemental eligible account
holder of the converting savings bank shall receive, without
payment, nontransferable subscription rights to purchase supplemental shares in an amount equal to the greatest of two
hundred shares, one-tenth of one percent of the total offering
of shares, or fifteen times the product (rounded down to the
next whole number) obtained by multiplying the total number
of shares of capital stock to be issued by a fraction of which
the numerator is the amount of the qualifying deposit of the
supplemental eligible account holder and the denominator is
the total amount of the qualifying deposits of all supplemental eligible account holders in the converting savings bank on
the supplemental eligibility record date.
(1) Subscription rights received pursuant to this section
shall be subordinated to all rights received by eligible
account holders to purchase shares pursuant to RCW
32.32.045 and 32.32.050.
(2) Any nontransferable subscription rights to purchase
shares received by an eligible account holder in accordance
with RCW 32.32.045 shall be applied in partial satisfaction
of the subscription rights to be distributed pursuant to this
section.
(3) In the event of an oversubscription for supplemental
shares pursuant to this section, shares shall be allocated
among the subscribing supplemental eligible account holders
as follows:
(a) Shares shall be allocated among subscribing supplemental eligible account holders so as to permit each such supplemental account holder, to the extent possible, to purchase
a number of shares sufficient to make the supplemental
account holder’s total allocation (including the number of
shares, if any, allocated in accordance with RCW 32.32.045)
equal to one hundred shares.
[Title 32 RCW—page 33]
32.32.060
Title 32 RCW: Mutual Savings Banks
(b) Any shares not allocated in accordance with subsection (3)(a) of this section shall be allocated among the subscribing supplemental eligible account holders on such equitable basis, related to the amounts of their respective qualifying deposits, as may be provided in the plan of conversion.
[1994 c 92 § 355; 1981 c 85 § 10.]
32.32.060 Sale of shares not sold in subscription
offering—Methods—Conditions. Any shares of the converting savings bank not sold in the subscription offering
shall either be sold in a public offering through an underwriter or directly by the converting savings bank in a direct
community marketing, subject to the applicant demonstrating
to the director the feasibility of the method of sale and to such
conditions as may be provided in the plan of conversion. The
conditions shall include, but not be limited to:
(1) A condition limiting purchases by each officer and
director or their associates in this phase of the offering to onetenth of one percent of the total offering of shares.
(2) A condition limiting purchases by any person and
that person’s associates in this phase of the offering to a number of shares or a percentage of the total offering so long as
the limitation does not exceed two percent of the shares to be
sold in the total offering.
(3) A condition that any direct community offering by
the converting savings bank shall give a preference to natural
persons residing in the counties in which the savings bank has
an office. The methods by which preference shall be given
shall be approved by the director. [1994 c 92 § 356; 1981 c
85 § 11.]
32.32.060
As used in this section, the term "negotiated transactions" means transactions in which the securities are offered
and the terms and arrangements relating to any sale of the
securities are arrived at through direct communications
between the seller or any person acting on the seller’s behalf
and the purchaser or the purchaser’s investment representative. The term "investment representative" means a professional investment adviser acting as agent for the purchaser
and independent of the seller and not acting on behalf of the
seller in connection with the transaction. [1994 c 92 § 357;
1981 c 85 § 14.]
32.32.080 Uniform sales price of shares required—
Application to specify arrangements on sale of shares not
sold in subscription offering. The sales price of the shares
of capital stock to be sold in the conversion shall be a uniform
price determined in accordance with RCW 32.32.290,
32.32.305, and 32.32.325. The applicant shall specify in its
conversion application the underwriting and/or other marketing arrangements to be made to assure the sale of all shares
not sold in the subscription offering. [1981 c 85 § 15.]
32.32.080
32.32.085 Savings account holder to receive withdrawable savings account(s)—Amount. Each savings
account holder of the converting savings bank shall receive,
without payment, a withdrawable savings account or
accounts in the converted savings bank equal in withdrawable amount to the withdrawal value of the account holder’s
savings account or accounts in the converting savings bank.
[1981 c 85 § 16.]
32.32.085
32.32.090 Liquidation account—Establishment and
maintenance required. A converting savings bank shall
establish and maintain a liquidation account for the benefit of
eligible account holders and supplemental eligible account
holders in the event of a subsequent complete liquidation of
the converted savings bank, in accordance with RCW
32.32.185 through 32.32.205. [1981 c 85 § 17.]
32.32.090
32.32.065 Limitation on subscription and purchase
of shares by person with associate or group—Amount.
The number of shares which any person together with any
associate or group of persons acting in concert may subscribe
for or purchase in the conversion shall not exceed five percent of the total offering of shares. For purposes of this section, the members of the converting savings bank’s board of
directors shall not be deemed to be associates or a group acting in concert solely as a result of their board membership.
[1981 c 85 § 12.]
32.32.065
32.32.070 Limitation on purchase of shares by officers, directors, and their associates—Amount. The number
of shares which officers and directors of the converting savings bank and their associates may purchase in the conversion shall not exceed twenty-five percent of the total offering
of shares. [1981 c 85 § 13.]
32.32.070
32.32.095 Establishment of eligibility record date
required. The applicant shall establish an eligibility record
date, which shall not be less than ninety days prior to the date
of adoption of the plan by the converting savings bank’s
board of directors. [1981 c 85 § 18.]
32.32.095
32.32.100 Capital stock—Voting rights. The holders
of the capital stock of the converted savings bank shall have
exclusive voting rights. [1981 c 85 § 19.]
32.32.100
32.32.105 Amendment and termination of plan of
conversion. The plan of conversion adopted by the applicant’s board of directors may be amended by the board of
directors with the concurrence of the director at any time
prior to final approval of the director and may be terminated
with the concurrence of the director at any time prior to issuance of the authorization certificate by the director. [1994 c
92 § 358; 1981 c 85 § 20.]
32.32.105
32.32.075 Prohibition on purchase of shares by officers, directors, and their associates—Exception. No officer
or director, or their associates, may purchase without the
prior written approval of the director the capital stock of the
converted savings bank except from a broker or a dealer registered with the Securities and Exchange Commission for a
period of three years following the conversion. This provision shall not apply to negotiated transactions involving more
than one percent of the outstanding capital stock of the converted savings bank.
32.32.075
[Title 32 RCW—page 34]
32.32.110 Restriction on sale of shares of stock by
directors and officers. All shares of capital stock purchased
32.32.110
(2008 Ed.)
Conversion of Mutual Savings Bank to Capital Stock Savings Bank
by directors and officers on original issue in the conversion
either directly from the savings bank (by subscription or otherwise) or from an underwriter of the shares shall be subject
to the restriction that the shares shall not be sold for a period
of not less than three years following the date of purchase,
except in the event of death of the director or officer. [1981
c 85 § 21.]
32.32.115 Conditions on shares of stock subject to
restriction on sale. In connection with shares of capital
stock subject to restriction on sale for a period of time:
(1) Each certificate for the stock shall bear a legend giving appropriate notice of the restriction;
(2) Appropriate instructions shall be issued to the transfer agent for the capital stock with respect to applicable
restrictions on transfer of any such restricted stock; and
(3) Any shares issued as a stock dividend, stock split, or
otherwise with respect to any such restricted stock shall be
subject to the same restrictions as may apply to the restricted
stock. [1985 c 56 § 18; 1981 c 85 § 22.]
32.32.115
32.32.120 Registration of securities—Marketing of
securities—Listing of shares on securities exchange or
NASDAQ quotation system. A converted savings bank or
holding company formed under chapter 32.34 RCW shall:
(1) Promptly following its conversion register the securities issued in connection therewith pursuant to the Securities
and Exchange Act of 1934 and undertake not to deregister the
securities for a period of three years thereafter;
(2) Use its best efforts to encourage and assist a market
maker to establish and maintain a market for the securities
issued in connection with the conversion; and
(3) Use its best efforts to list those shares issued in connection with the conversion on a national or regional securities exchange or on the NASDAQ quotation system. [1985 c
56 § 19; 1981 c 85 § 23.]
32.32.120
32.32.125 Reasonable expenses required. The
expenses incurred in the conversion shall be reasonable.
[1981 c 85 § 24.]
32.32.125
32.32.130 Plan of conversion—Prohibited provisions. The plan of conversion shall contain no provision
which the director determines to be inequitable or detrimental
to the applicant, its savings account holders, or other savings
banks or to be contrary to the public interest. [1994 c 92 §
359; 1981 c 85 § 25.]
32.32.160
ble account holders and supplemental eligible account holders, subject to the following conditions:
(1) The total number of shares which may be purchased
under this section shall not exceed twenty-five percent of the
total number of shares to be issued in the case of a converting
savings bank with total assets of less than fifty million dollars
or fifteen percent in the case of a converting savings bank
with total assets of five hundred million dollars or more; in
the case of a converting savings bank with total assets of fifty
million dollars or more but less than five hundred million dollars, the percentage shall be no more than a correspondingly
appropriate number of shares based on total asset size (for
example, twenty percent in the case of a converting savings
bank with total assets of approximately two hundred seventy
five million dollars); and
(2) The shares shall be allocated among directors, officers, and employees on an equitable basis such as by giving
weight to period of service, compensation, and position, subject to a reasonable limitation on the amount of shares which
may be purchased by any person or associate thereof, or
group of affiliated persons or group of persons otherwise acting in concert. [1981 c 85 § 27.]
32.32.145 Receipt of certain subscription rights by
account holders permitted—Amount—Conditions. Any
account holder receiving rights to purchase stock in the subscription offering may also receive, without payment, nontransferable subscription rights to purchase up to one percent
of the total offering of shares of capital stock, to the extent
that the shares are available after satisfying the subscription
under RCW 32.32.045 and 32.32.055, subject to such conditions as may be provided in the plan of conversion. In the
event of an oversubscription for the additional shares, the
shares available shall be allocated among the subscribing eligible account holders and supplemental eligible account
holders on such equitable basis, related to the amounts of
their respective subscriptions, as may be provided in the plan
of conversion. Where possible the subscriptions shall be allocated in such a manner that total purchases by eligible
account holders and supplemental eligible account holders
shall be rounded to the nearest one hundred shares. [1981 c
85 § 28.]
32.32.145
32.32.130
32.32.135 Plan of conversion—Permissible provisions. The plan of conversion may contain any of the provisions set forth in RCW 32.32.140 through 32.32.170. [1981
c 85 § 26.]
32.32.150 Permissible sales of insignificant residue of
shares. Any insignificant residue of shares not sold in the
subscription offering or in a public offering referred to in
RCW 32.32.060 may be sold in such other manner as provided in the plan with the director’s approval. [1994 c 92 §
360; 1985 c 56 § 20; 1981 c 85 § 29.]
32.32.150
32.32.135
32.32.140 Purchase of certain shares of stock by
directors, officers, and employees permitted—Conditions. Directors, officers, and employees of the converting
savings bank, as part of the subscription offering, may be
entitled to purchase shares of capital stock, to the extent that
shares are available after satisfying the subscriptions of eligi32.32.140
(2008 Ed.)
32.32.155 Limitation on number of shares subscribed in subscription offering permitted. The number of
shares which any person, or group of persons affiliated with
each other or otherwise acting in concert, may subscribe for
in the subscription offering may be made subject to a limit of
not less than one percent of the total offering of shares. [1981
c 85 § 30.]
32.32.155
32.32.160 Minimum purchase requirement in exercise of subscription rights permitted. Any person exercis32.32.160
[Title 32 RCW—page 35]
32.32.165
Title 32 RCW: Mutual Savings Banks
ing subscription rights to purchase capital stock may be
required to purchase a minimum of up to twenty-five shares
to the extent the shares are available (but the aggregate price
for any minimum share purchase shall not exceed five hundred dollars). [1981 c 85 § 31.]
32.32.165 Stock option plan permitted—Reserved
shares. A stock option plan may be adopted by the board of
directors at the meeting at which the plan of conversion is
voted upon. The number of shares reserved for the stock
option plans should be limited to ten percent of the number of
shares sold in the conversion. [1981 c 85 § 32.]
32.32.165
32.32.170 Issuance of securities in lieu of capital
stock permitted—References to capital stock. The converted savings bank may issue and sell, in lieu of shares of its
capital stock, units of securities consisting of capital stock or
other equity securities, in which event any reference in this
chapter to capital stock shall apply to the units of equity securities unless the context otherwise requires. [1981 c 85 § 33.]
32.32.170
32.32.175 Approval of other equitable provisions.
The director may approve such other equitable provisions as
are necessary to avert imminent injury to the converting savings bank. [1994 c 92 § 361; 1981 c 85 § 34.]
32.32.175
32.32.180 Amount of qualifying deposit of eligible
account holder or supplemental eligible account holder.
(1) Unless otherwise provided in the plan of conversion, the
amount of the qualifying deposit of an eligible account holder
or supplemental eligible account holder shall be the total of
the deposit balances in the eligible account holder’s or supplemental eligible account holder’s savings accounts in the
converting savings bank as of the close of business on the eligibility record date or supplemental eligibility record date.
However, the plan of conversion may provide that any savings accounts with total deposit balances of less than fifty
dollars (or any lesser amount) shall not constitute a qualifying deposit.
(2) As used in this section, the term "savings account"
includes a predecessor or successor account of a given savings account which is held only in the same right and capacity
and on the same terms and conditions as the given savings
account. However, the plan of conversion may provide for
lesser requirements for consideration as a predecessor or successor account. [1981 c 85 § 35.]
32.32.180
any of the net worth accounts of the converted savings bank.
[1981 c 85 § 36.]
32.32.190 Liquidation account—Maintenance
required—Subaccounts. The liquidation account shall be
maintained by the converted savings bank for the benefit of
eligible account holders and supplemental eligible account
holders who maintain their savings accounts in the bank.
Each such eligible account holder shall, with respect to each
savings account, have a related inchoate interest in a portion
of the liquidation account balance ("subaccount"). [1981 c
85 § 37.]
32.32.190
32.32.195 Liquidation account—Distribution upon
complete liquidation. In the event of a complete liquidation
of the converted savings bank (and only in this event), each
eligible account holder and supplemental eligible account
holder shall be entitled to receive a liquidation distribution
from the liquidation account, in the amount of the then current adjusted subaccount balances for savings accounts then
held, before any liquidation distribution may be made with
respect to capital stock. No merger, consolidation, purchase
of bulk assets with assumption of savings accounts and other
liabilities, or similar transaction, in which the converted savings bank is not the survivor, is considered to be a complete
liquidation for this purpose. In these transactions, the liquidation account shall be assumed by the surviving institution.
[1981 c 85 § 38.]
32.32.195
32.32.200 Liquidation account—Determination of
subaccount balances. The initial subaccount balance for a
savings account held by an eligible account holder and/or
supplemental eligible account holder shall be determined by
multiplying the opening balance in the liquidation account by
a fraction of which the numerator is the amount of qualifying
deposits in the savings account on the eligibility record date
and/or the supplemental eligibility record date and the
denominator is the total amount of qualifying deposits of all
eligible account holders and supplemental eligible account
holders in the converting savings bank on these dates. For
savings accounts in existence at both dates, separate subaccounts shall be determined on the basis of the qualifying
deposits in these savings accounts on these record dates. The
initial subaccount balances shall not be increased, and it shall
be subject to downward adjustment as provided in RCW
32.32.205. [1981 c 85 § 39.]
32.32.200
32.32.205 Reduction of subaccount balance. If the
deposit balance in any savings account of an eligible account
holder or supplemental eligible account holder at the close of
business on any annual closing date subsequent to the respective record dates is less than the lesser of (1) the deposit balance in the savings account at the close of business on any
other annual closing date subsequent to the eligibility record
date or (2) the amount of qualifying deposit as of the eligibility record date or the supplemental eligibility record date, the
subaccount balance for the savings account shall be adjusted
by reducing the subaccount balance in an amount proportionate to the reduction in the deposit balance. In the event of
such a downward adjustment, the subaccount balance shall
32.32.205
32.32.185 Liquidation account—Establishment
required—Amount—Function. Each converted savings
bank shall, at the time of conversion, establish a liquidation
account in an amount equal to the amount of net worth of the
converting savings bank as of the latest practicable date prior
to conversion. For the purposes of this section, the savings
bank shall use the net worth figure no later than that set forth
in its latest statement of financial condition contained in the
final offering circular. The function of the liquidation account
is to establish a priority on liquidation and, except as provided in RCW 32.32.215, the existence of the liquidation
account shall not operate to restrict the use or application of
32.32.185
[Title 32 RCW—page 36]
(2008 Ed.)
Conversion of Mutual Savings Bank to Capital Stock Savings Bank
not be subsequently increased, notwithstanding any increase
in the deposit balance of the related savings account. If any
such savings account is closed, the related subaccount balance shall be reduced to zero. [1981 c 85 § 40.]
32.32.210 Converted savings bank prohibited from
repurchasing its stock without approval. No converted
savings bank may repurchase any of its capital stock from
any person unless the repurchase is approved by the director
either in advance or at the time of repurchase. [1994 c 92 §
362; 1985 c 56 § 21; 1981 c 85 § 41.]
32.32.210
32.32.215 Limitation on cash dividends. Except as
provided in RCW 32.32.222, no converted savings bank may
declare or pay a cash dividend unless the declaration or payment of the dividend would be in accordance with the
requirements of RCW 30.04.180 and would not have the
effect of reducing the net worth of the converted savings bank
below (1) the amount required for the liquidation account or
(2) the amount required by the director. [1994 c 92 § 363;
1985 c 56 § 22; 1981 c 85 § 42.]
32.32.215
32.32.220 Limitation on certain cash dividends
within ten years of conversion. Except as provided in RCW
32.32.222, no converted savings bank may, without the prior
approval of the director, for a period of ten years after the
date of its conversion, declare or pay a cash dividend on its
capital stock in an amount in excess of one-half of the greater
of:
(1) The savings bank’s net income for the current fiscal
year; or
(2) The average of the savings bank’s net income for the
current fiscal year and not more than two of the immediately
preceding fiscal years.
For purposes of this chapter, "net income" shall be determined by generally accepted accounting principles. [1994 c
92 § 364; 1985 c 56 § 23; 1981 c 85 § 43.]
32.32.220
32.32.222 Dividends on preferred stock. A converted
mutual savings bank may pay dividends on preferred stock at
the rate or rates agreed in connection with the issuance of preferred stock if such issuance has been approved by the director. [1994 c 92 § 365; 1985 c 56 § 24.]
32.32.222
32.32.225 Prohibitions on offer, sale, or purchase of
securities. In the offer, sale, or purchase of securities issued
incident to its conversion, no savings bank, or any director,
officer, attorney, agent, or employee thereof, may (1) employ
any device, scheme, or artifice to defraud, or (2) obtain
money or property by means of any untrue statement of a
material fact or any omission to state a material fact necessary in order to make the statements made, in the light of the
circumstances under which they were made, not misleading,
or (3) engage in any act, transaction, practice, or course of
business which operates or would operate as a fraud or deceit
upon a purchaser or seller. [1981 c 85 § 44.]
32.32.225
32.32.228 Acquisition of control of a converted savings bank—State reciprocity—Definitions. (1) As used in
this section, the following definitions apply:
32.32.228
(2008 Ed.)
32.32.228
(a) "Control" means directly or indirectly alone or in
concert with others to own, control, or hold the power to vote
twenty-five percent or more of the outstanding stock or voting power of the controlled entity;
(b) "Acquiring depository institution" means a bank or
bank holding company, or a converted mutual savings bank
or the holding company of a mutual savings bank, or a savings and loan association or the holding company of a savings
and loan association, which is chartered in or whose principal
office is located in another state, and which seeks to acquire
control of a Washington savings bank;
(c) "Acquiring party" means the person acquiring control
of a bank through the purchase of stock;
(d) "Person" means any individual, corporation, partnership, group acting in concert, association, business trust, or
other organization.
(2)(a) It is unlawful for any person to acquire control of
a converted savings bank until thirty days after filing with the
director a completed application. The application shall be
under oath or affirmation, and shall contain substantially all
of the following information plus any additional information
that the director may prescribe as necessary or appropriate in
the particular instance for the protection of bank depositors,
borrowers, or shareholders and the public interest:
(i) The identity and banking and business experience of
each person by whom or on whose behalf acquisition is to be
made;
(ii) The financial and managerial resources and future
prospects of each person involved in the acquisition;
(iii) The terms and conditions of any proposed acquisition and the manner in which the acquisition is to be made;
(iv) The source and amount of the funds or other consideration used or to be used in making the acquisition, and a
description of the transaction and the names of the parties if
any part of these funds or other consideration has been or is
to be borrowed or otherwise obtained for the purpose of making the acquisition;
(v) Any plan or proposal which any person making the
acquisition may have to liquidate the bank, to sell its assets,
to merge it with any other bank, or to make any other major
change in its business or corporate structure or management;
(vi) The identification of any person employed, retained,
or to be compensated by the acquiring party, or by any person
on its behalf, who makes solicitations or recommendations to
shareholders for the purpose of assisting in the acquisition
and a brief description of the terms of the employment,
retainer, or arrangement for compensation;
(vii) Copies of all invitations for tenders or advertisements making a tender offer to shareholders for the purchase
of their stock to be used in connection with the proposed
acquisition; and
(viii) Such additional information as shall be necessary
to satisfy the director, in the exercise of the director’s discretion, that each such person and associate meets the standards
of character, responsibility, and general fitness established
for incorporators of a savings bank under RCW 32.08.040.
(b)(i) Notwithstanding any other provision of this section, and subject to (b)(ii) of this subsection, an acquiring
depository institution must apply to the director and notify
the savings bank to be acquired of an intent to acquire control
[Title 32 RCW—page 37]
32.32.228
Title 32 RCW: Mutual Savings Banks
and the date of the proposed acquisition of control at least
thirty days before the date of the acquisition of control.
(ii) Except to the extent of any conflict with applicable
federal law, (b)(i) of this subsection does not apply to an
acquiring depository institution that is seeking to acquire
control of a Washington savings bank unless the home state
of the acquiring depository institution permits a Washington
converted mutual savings bank, or the Washington-chartered
holding company of a mutual savings bank, to acquire control
of a controlled entity that is chartered in or whose principal
office is located in that home state, unless under terms and
conditions that are substantially the same as, or at least as
favorable to entry as, those provided under (b)(i) of this subsection.
(c) When a person, other than an individual or corporation, is required to file an application under this section, the
director may require that the information required by (a)(i),
(ii), (vi), and (viii) of this subsection be given with respect to
each person, as defined in subsection (1)(d) of this section,
who has an interest in or controls a person filing an application under this subsection.
(d) When a corporation is required to file an application
under this section, the director may require that information
required by (a)(i), (ii), (vi), and (viii) of this subsection be
given for the corporation, each officer and director of the corporation, and each person who is directly or indirectly the
beneficial owner of twenty-five percent or more of the outstanding voting securities of the corporation.
(e) If any tender offer, request, or invitation for tenders
or other agreements to acquire control is proposed to be made
by means of a registration statement under the securities act
of 1933 (48 Stat. 74, 15 U.S.C. Sec. 77(a)) [15 U.S.C. Sec.
77a], as amended, or in circumstances requiring the disclosure of similar information under the securities exchange act
of 1934 (48 Stat. 881, 15 U.S.C. Sec. 78(a)) [15 U.S.C. Sec.
78a], as amended, the registration statement or application
may be filed with the director in lieu of the requirements of
this section.
(f) Any acquiring party shall also deliver a copy of any
notice or application required by this section to the savings
bank proposed to be acquired within two days after such
notice or application is filed with the director.
(g) Any acquisition of control in violation of this section
shall be ineffective and void.
(h) Any person who willfully or intentionally violates
this section or any rule adopted under this section is guilty of
a gross misdemeanor pursuant to chapter 9A.20 RCW. Each
day’s violation shall be considered a separate violation, and
any person shall upon conviction be fined not more than one
thousand dollars for each day the violation continues.
(3) The director may disapprove the acquisition of a savings bank within thirty days after the filing of a complete
application pursuant to subsections (1) and (2) of this section
or an extended period not exceeding an additional fifteen
days if:
(a) The poor financial condition of any acquiring party
might jeopardize the financial stability of the savings bank or
might prejudice the interest of depositors, borrowers, or
shareholders;
(b) The plan or proposal of the acquiring party to liquidate the savings bank, to sell its assets, to merge it with any
[Title 32 RCW—page 38]
person, or to make any other major change in its business or
corporate structure or management is not fair and reasonable
to its depositors, borrowers, or stockholders or is not in public
interest;
(c) The banking and business experience and integrity of
any acquiring party who would control the operation of the
savings bank indicates that approval would not be in the
interest of the savings bank’s depositors, borrowers, or shareholders;
(d) The information provided by the application is insufficient for the director to make a determination or there has
been insufficient time to verify the information provided and
conduct an examination of the qualification of the acquiring
party; or
(e) The acquisition would not be in the public interest.
An acquisition may be made prior to expiration of the
disapproval period if the director issues written notice of
intent not to disapprove the action.
The director shall set forth the basis for disapproval of
any proposed acquisition in writing and shall provide a copy
of such findings and order to the applicants and to the bank
involved. Such findings and order shall not be disclosed to
any other party and shall not be subject to public disclosure
under chapter 42.56 RCW unless the findings and/or order
are appealed pursuant to chapter 34.05 RCW.
Whenever such a change in control occurs, each party to
the transaction shall report promptly to the director any
changes or replacement of its chief executive officer or of any
director occurring in the next twelve-month period, including
in its report a statement of the past and current business and
professional affiliations of the new chief executive officer or
directors.
(4)(a) For a period of ten years following the acquisition
of control by any person, neither such acquiring party nor any
associate shall receive any loan or the use of any of the funds
of, nor purchase, lease, or otherwise receive any property
from, nor receive any consideration from the sale, lease, or
any other conveyance of property to, any savings bank in
which the acquiring party has control except as provided in
(b) of this subsection.
(b) Upon application by any acquiring party or associate
subject to (a) of this subsection, the director may approve a
transaction between a converted savings bank and such
acquiring party, person, or associate, upon finding that the
terms and conditions of the transaction are at least as advantageous to the savings bank as the savings bank would obtain
in a comparable transaction with an unaffiliated person.
(5) Except with the consent of the director, no converted
savings bank shall, for the purpose of enabling any person to
purchase any or all shares of its capital stock, pledge or otherwise transfer any of its assets as security for a loan to such
person or to any associate, or pay any dividend to any such
person or associate. Nothing in this section shall prohibit a
dividend of stock among shareholders in proportion to their
shareholdings. In the event any clause of this section is
declared to be unconstitutional or otherwise invalid, all
remaining dependent and independent clauses of this section
shall remain in full force and effect. [2005 c 348 § 5; 2005 c
274 § 259; 1994 c 92 § 366; 1989 c 180 § 6; 1985 c 56 § 25.]
Reviser’s note: This section was amended by 2005 c 274 § 259 and by
2005 c 348 § 5, each without reference to the other. Both amendments are
(2008 Ed.)
Conversion of Mutual Savings Bank to Capital Stock Savings Bank
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2005 c 348: See note following RCW 30.38.005.
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
32.32.230 Nonapproval of conversion unless acquisition of control within three years by certain companies
prohibited. (1) No conversion may be approved by the
director unless the plan of conversion provides that the converted savings bank shall enter into an agreement with the
director, in form satisfactory to the director, which shall provide that for a period of three years following the conversion
any company significantly engaged in an unrelated business
activity, either directly or through an affiliate thereof, shall
not be permitted, regardless of the form of the transaction, to
acquire control of the converted savings bank. Any acquisition of a converted savings bank shall also comply with RCW
32.32.228.
(2) As used in this section:
(a) The term "affiliate" means any person or company
which controls, is controlled by, or is under common control
with, a specified company.
(b) A person or company shall be deemed to have "control" of:
(i) A savings bank if the person directly or indirectly or
acting in concert with one or more other persons, or through
one or more subsidiaries, owns, controls, or holds with power
to vote, or holds proxies representing, more than twenty-five
percent of the voting shares of the savings bank, or controls
in any manner the election of a majority of the directors of the
bank;
(ii) Any other company if the person directly or indirectly or acting in concert with one or more other persons, or
through one or more subsidiaries, owns, controls, or holds
with power to vote, or holds proxies representing, more than
twenty-five percent of the voting shares or rights of the other
company, or controls in any manner the election or appointment of a majority of the directors or trustees of the other
company, or is a general partner in or has contributed more
than twenty-five percent of the capital of the other company;
(iii) A trust if the person is a trustee thereof; or
(iv) A savings bank or any other company if the director
determines, after reasonable notice and opportunity for hearing, that the person directly or indirectly exercises a controlling influence over the management or policies of the savings
bank or other company.
(c) A company shall be deemed to be "significantly
engaged" in an unrelated business activity if its unrelated
business activities would represent, on either an actual or a
pro forma basis, more than fifteen percent of its consolidated
net worth at the close of this preceding fiscal year or of its
consolidated net earnings for such fiscal year.
(d) The term "unrelated business activity" means any
business activity not authorized for a savings bank or any
subsidiary thereof. [1994 c 92 § 367; 1985 c 56 § 26; 1981 c
85 § 45.]
32.32.230
32.32.235 Plan of conversion—Charter restrictions
permitted. To the extent permitted by applicable federal or
state law, a plan of conversion may provide for a provision in
32.32.235
(2008 Ed.)
32.32.250
the charter of the converted savings bank containing, in substance, the restriction set forth in RCW 32.32.230. There may
also be included a restriction providing that the charter provision may be amended only by a vote of up to seventy-five
percent of the votes eligible to be cast at a regular or special
meeting of shareholders of the converted savings bank. If the
converted savings bank elects to adopt the foregoing optional
charter provision, the director shall impose, as a condition to
approval of the conversion, a requirement that the converted
savings bank fully enforce the charter provision. [1994 c 92
§ 368; 1981 c 85 § 46.]
32.32.240 Confidentiality of consideration to convert—Remedial measures for breach. A savings bank
which is considering converting pursuant to this chapter and
its directors, officers, and employees shall keep this consideration in the strictest confidence and shall only discuss the
potential conversion as would be consistent with the need to
prepare information for filing an application for conversion.
Should this confidence be breached the director may require
remedial measures including:
(1) A public statement by the savings bank that its board
of directors is currently considering converting pursuant to
this chapter;
(2) Providing for an eligibility record date which shall be
as of such a date prior to the adoption of the plan by the converting savings bank’s board of directors as to assure the
equitability of the conversion;
(3) Limitation of the subscription rights of any person
violating or aiding the violation of this section to an amount
deemed appropriate by the director; and
(4) Any other actions the director may deem appropriate
and necessary to assure the fairness and equitability of the
conversion. [1994 c 92 § 369; 1981 c 85 § 47.]
32.32.240
32.32.245 Public statement authorized. If it should
become essential as a result of rumors prior to the adoption of
a plan of conversion by the applicant’s board of directors, a
public statement limited to that purpose may be made by the
applicant. [1981 c 85 § 48.]
32.32.245
32.32.250 Adoption of plan of conversion—Notice to
and inspection by account holders—Statement and letter—Press release authorized. Promptly after the adoption
of a plan of conversion by not less than two-thirds of its board
of directors, the savings bank shall:
(1) Notify its account holders of the action by publishing
a statement in a newspaper having general circulation in each
community in which an office of the savings bank is located
and/or by mailing a letter to each of its account holders; and
(2) Have copies of the adopted plan of conversion available for inspection by its account holders at each office of the
savings bank.
The savings bank may also issue a press release with
respect to the action. Copies of the proposed statement, letter,
and press release are not required to be filed with the director
but may be submitted to the director for comment. Copies of
the definitive statement, letter, and press release shall be filed
with the director as part of the application for conversion.
[1994 c 92 § 370; 1981 c 85 § 49.]
32.32.250
[Title 32 RCW—page 39]
32.32.255
Title 32 RCW: Mutual Savings Banks
32.32.255 Statement, letter, and press release—Content permitted. The statement, letter, and press release of
the applicant issued pursuant to RCW 32.32.250, unless otherwise authorized by the director, shall contain only (but need
not contain all of) the following:
(1) A statement that the board of directors has adopted a
plan to convert the savings bank from a mutual savings bank
to a capital stock savings bank;
(2) A statement that the plan of conversion is subject to
approval by the director and by the appropriate federal regulatory authority or authorities (naming such an authority or
authorities) before the plan can become effective and that
account holders of the applicant will have an opportunity to
file written comments including objections and materials
supporting the objections with the director;
(3) A statement that the plan of conversion is contingent
upon obtaining favorable tax rulings from the Internal Revenue Service or an appropriate tax opinion;
(4) A statement that there is no assurance that the
approval of the director or the approval of any appropriate
federal authority or authorities will be obtained, and also no
assurance that the favorable tax rulings or tax opinion will be
received;
(5) The proposed record date for determining the eligible
account holders entitled to receive nontransferable subscription rights to purchase capital stock of the applicant;
(6) A brief statement describing the circumstances that
would require supplemental eligible account holders to
receive nontransferable subscription rights to purchase capital stock of the applicant;
(7) A brief description of the plan of conversion;
(8) The par value and approximate number of shares of
capital stock to be issued and sold under the plan of conversion;
(9) A brief statement as to the extent to which directors,
officers, and employees will participate in the conversion;
(10) A statement that savings account holders will continue to hold accounts in the converted savings bank identical
as to dollar amount, rate of return, and general terms and that
their accounts will continue to be insured by the Federal
Deposit Insurance Corporation;
(11) A statement that borrowers’ loans will be unaffected
by conversion and that the amount, rate, maturity, security,
and other conditions will remain contractually fixed as they
existed prior to conversion;
(12) A statement that the normal business of the savings
bank in accepting savings and making loans will continue
without interruption; that the converted savings bank will
continue after conversion to conduct its present services to
savings account holders and borrowers under current policies
to be carried on in existing offices and by the present management and staff;
(13) A statement that the plan of conversion may be substantively amended or terminated by the board of directors
with the concurrence of the director; and
(14) A statement that questions of account holders may
be answered by telephoning or writing to the savings bank.
[1994 c 92 § 371; 1981 c 85 § 50.]
32.32.255
32.32.260 Statement, letter, and press release—Contents prohibited—Inquiries. The statement, letter, and
32.32.260
[Title 32 RCW—page 40]
press release of the applicant issued pursuant to RCW
32.32.250 shall not include financial statements or describe
the benefits of conversion or the value of the capital stock of
the savings bank upon conversion. In replying to inquiries,
the savings bank should limit its answers to the matters listed
in RCW 32.32.255. [1981 c 85 § 51.]
32.32.265 Notices of filing of application—Requests
for subscription offering circular. Upon determination that
an application for conversion is properly executed and is not
materially incomplete, the director shall advise the applicant,
in writing, to publish notices of the filing of the application.
Promptly after receipt of the advice, the applicant shall furnish a written notice of the filing to each eligible account
holder and also publish a notice of the filing in a newspaper
printed in the English language and having general circulation in each community in which an office of the applicant is
located, as follows:
32.32.265
NOTICE OF FILING OF AN APPLICATION
FOR APPROVAL TO CONVERT TO A
STOCK SAVINGS BANK
Notice is hereby given that, pursuant to chapter
32.32 of the Revised Code of Washington
.......................................
(fill in name of applicant)
has filed an application with the Director of Financial Institutions for approval to convert to the stock
form of organization. Copies of the application
have been delivered to (address) .
Written comments, including objections to the plan
of conversion and materials supporting the objections, from any account holder of the applicant or
aggrieved person, will be considered by the director
if filed within twenty business days after the date of
this notice. Failure to make written comments in
objection may preclude the pursuit of any administrative or judicial remedies. Three copies of the
comments should be sent to the aforementioned.
The proposed plan of conversion and any comments
thereon will be available for inspection by any
account holder of the applicant at (address) . A
copy of the plan may also be inspected at each office
of the applicant.
If a significant number of the applicant’s account holders
speak a language other than English and a newspaper in that
language is published in the area served by the applicant, an
appropriate translation of the notice shall also be published in
that newspaper. A notice sent by mail may be accompanied
by the statement that the converting institution will not mail a
subscription offering circular to an eligible account holder or
a supplemental eligible account holder unless the eligible
account holder or the supplemental eligible account holder,
prior to the commencement of the subscription offering,
requests the subscription offering circular by returning a
postcard. The issuer of stock in the conversion shall pay the
postage of this postcard and shall inform the eligible account
(2008 Ed.)
Conversion of Mutual Savings Bank to Capital Stock Savings Bank
holder or supplemental eligible holder that the postage is
paid. [1994 c 92 § 372; 1985 c 56 § 27; 1981 c 85 § 52.]
32.32.270 Filing of notice and affidavit of publication
required. Promptly after publication of the notices prescribed in RCW 32.32.265, the applicant shall file with the
director the notice and affidavit of publication from each
newspaper publisher in the manner the director shall require.
[1994 c 92 § 373; 1981 c 85 § 53.]
32.32.270
32.32.275 Applications available for public inspection—Confidential information. Should the applicant
desire to submit any information it deems to be of a confidential nature regarding any item or a part of any exhibit
included in any application under this chapter, the information pertaining to the item or exhibit shall be separately
bound and labeled "confidential", and a statement shall be
submitted therewith briefly setting forth the grounds on
which the information should be treated as confidential.
Only general reference thereto need be made in that portion
of the application which the applicant deems not to be confidential. Applications under this chapter shall be made available for inspection by the public, except for portions which
are bound and labeled "confidential" and which the director
determines to withhold from public availability under chapter
42.56 RCW. The applicant shall be advised of any decision
by the director to make public information designated as
"confidential" by the applicant. Even though sections of the
application are considered "confidential" as far as public
inspection thereof is concerned, to the extent the director
deems necessary the director may comment on the confidential submissions in any public statement in connection with
the director’s decision on the application without prior notice
to the applicant. [2005 c 274 § 260; 1994 c 92 § 374; 1981 c
85 § 54.]
32.32.275
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
32.32.280 Offers and sales of securities—Prohibitions. No offer to sell securities of an applicant pursuant to a
plan of conversion may be made prior to approval by the
director of the application for conversion. No sale of these
securities in the subscription offering may be made except by
means of the final offering circular for the subscription offering. No sale of unsubscribed securities may be made except
by means of the final offering circular for the public offering
or direct community marketing. The offering of shares in the
direct community marketing may commence during the subscription offering upon the declaration of effectiveness by the
director of the offering circular proposed for the community
offering. This section shall not apply to preliminary negotiations or agreements between an applicant and any underwriter or among underwriters who are to be in privity of contract with the applicant. [1994 c 92 § 375; 1981 c 85 § 55.]
32.32.280
32.32.285 Distribution of offering circulars authorized. Any preliminary offering circular for the subscription
offering, the public offering, or the direct community marketing which has been filed with the director may be distributed
to eligible account holders or supplemental eligible account
32.32.285
(2008 Ed.)
32.32.305
holders and to others in connection with the offering after the
director has advised the applicant in writing that the application is properly executed and is not materially incomplete
under RCW 32.32.265. No final offering circular may be distributed until the offering circular has been declared effective
by the director. [1994 c 92 § 376; 1981 c 85 § 56.]
32.32.290 Preliminary offering circular for subscription offering—Estimated subscription price range
required. With respect to the capital stock of the applicant to
be sold under the plan of conversion, any preliminary offering circular for the subscription offering shall set forth the
estimated subscription price range. The maximum of the
price range should normally be no more than fifteen percent
above the average of the minimum and maximum of the price
range and the minimum should normally be no more than fifteen percent below this average. The maximum price used in
the price range should normally be no more than fifty dollars
per share and the minimum no less than five dollars per share.
[1994 c 256 § 106; 1981 c 85 § 57.]
32.32.290
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.32.295 Review of price information by director.
The director shall review the price information required
under RCW 32.32.290 in determining whether to give
approval to an application for conversion. No representations
may be made in any manner that the price information has
been approved by the director or that the shares of capital
stock sold pursuant to the plan of conversion have been
approved or disapproved by the director or that the director
has passed upon the accuracy or adequacy of any offering circular covering the shares. [1994 c 92 § 377; 1981 c 85 § 58.]
32.32.295
32.32.300 Underwriting commissions. Underwriting
commissions shall not exceed an amount or percentage per
share acceptable to the director. No underwriting commission
may be allowed or paid with respect to shares of capital stock
sold in the subscription offering; however, an underwriter
may be reimbursed for accountable expenses in connection
with the subscription offering where the public offering is so
small that reasonable underwriting commissions thereon
would not be sufficient to cover total accountable expenses.
The term "underwriting commissions" includes underwriting
discounts. [1994 c 92 § 378; 1981 c 85 § 59.]
32.32.300
32.32.305 Consideration of pricing information by
director—Guidelines. In considering the pricing information required under RCW 32.32.290, the director shall apply
the following guidelines:
(1) The materials shall be prepared by persons independent of the applicant, experienced and expert in the area of
corporate appraisal, and acceptable to the director;
(2) The materials shall contain data which are sufficient
to support the conclusions reached therein;
(3) The materials shall contain a complete and detailed
description of the appraisal methodology employed; and
(4) To the extent that the appraisal is based on a capitalization of the pro forma income of the converted savings
bank, the materials shall indicate the basis for determination
of the income to be derived from the proceeds of the sale of
32.32.305
[Title 32 RCW—page 41]
32.32.310
Title 32 RCW: Mutual Savings Banks
stock and demonstrate the appropriateness of the earnings
multiple used, including assumptions made as to future earnings growth. To the extent that the appraisal is based on comparison of the capital stock of the applicant with outstanding
capital stock of existing stock savings banks or stock savings
and loan associations, the materials shall demonstrate the
appropriate comparability of the form and substance of the
outstanding capital stock and the appropriate comparability
of the existing stock savings banks and stock savings and
loan associations in terms of such factors as size, market area,
competitive conditions, profit history, and expected future
earnings. [1994 c 92 § 379; 1981 c 85 § 60.]
32.32.310
32.32.310 Submission of information by applicant.
In addition to the information required in RCW 32.32.305,
the applicant shall submit information demonstrating to the
satisfaction of the director the independence and expertise of
any person preparing materials under RCW 32.32.305. However, a person will not be considered as lacking independence
for the reason that the person will participate in effecting a
sale of capital stock under the plan of conversion or will
receive a fee from the applicant for services rendered in connection with the appraisal. [1994 c 92 § 380; 1981 c 85 § 61.]
32.32.315
32.32.315 Subscription offering—Distribution of
order forms for the purchase of shares. Promptly after the
director has declared the offering circular for the subscription
offering effective, the applicant shall distribute order forms
for the purchase of shares of capital stock in the subscription
offering to all eligible account holders, supplemental eligible
account holders (if applicable), and other persons who may
subscribe for the shares under the plan of conversion. [1994
c 92 § 381; 1981 c 85 § 62.]
32.32.320
32.32.320 Order forms—Final offering circular and
detailed instructions. Each order form distributed pursuant
to RCW 32.32.315 shall be accompanied or preceded by the
final offering circular for the subscription offering and a set
of detailed instructions explaining how to properly complete
the order forms. [1981 c 85 § 63.]
32.32.325
32.32.325 Subscription price. The maximum subscription price stated on each order form distributed pursuant to
RCW 32.32.315 shall be the amount to be paid when the
order form is returned. The maximum subscription price and
the actual subscription price shall be within the subscription
price range stated in the director’s approval and the offering
circular. If either the maximum subscription price or the
actual subscription price is not within this subscription price
range, the applicant shall obtain an amendment to the director’s approval. If appropriate, the director shall condition the
giving of amended approval by requiring a resolicitation of
order forms. If the actual public offering price is less than the
maximum subscription price stated on the order form, the
actual subscription price shall be correspondingly reduced
and the difference shall be refunded to those who have paid
the maximum subscription price. [1994 c 92 § 382; 1981 c 85
§ 64.]
[Title 32 RCW—page 42]
32.32.330 Order form—Contents. Each order form
distributed pursuant to RCW 32.32.315 shall be prepared so
as to indicate to the person receiving it, in as simple, clear,
and intelligible a manner as possible, the actions which are
required or available to the person with respect to the form
and the capital stock offered for purchase thereby. Specifically, each order form shall:
(1) Indicate the maximum number of shares that may be
purchased pursuant to the subscription offering;
(2) Indicate the period of time within which the subscription rights must be exercised, which period of time shall not
be less than twenty days following the date of the mailing of
the order form;
(3) State the maximum subscription price per share of
capital stock;
(4) Indicate any requirements as to the minimum number
of shares of capital stock which may be purchased;
(5) Provide a specifically designated blank space or
spaces for indicating the number of shares of capital stock
which the eligible account holder or other person wishes to
purchase;
(6) Indicate that payment may be made by cash if delivered in person or by check or by withdrawal from an account
holder’s savings account. If payment is to be made by withdrawal, a box to check should be provided;
(7) Provide specifically designated blank spaces for dating and signing the order form;
(8) Contain an acknowledgment by the account holder or
other person signing the order form that the person has
received the final offering circular for the subscription offering prior to signing; and
(9) Indicate the consequences of failing to properly complete and return the order form, including a statement that the
subscription rights are nontransferable and will become void
at the end of the subscription period. The order form may,
and the set of instructions shall, indicate the place or places to
which the order forms are to be returned and when the applicant will consider order forms received, such as by date and
time of actual receipt in the applicant’s offices or by date and
time of postmark. [1981 c 85 § 65.]
32.32.330
32.32.335 Order form—Additional provision authorized—Payment by withdrawal. The order form distributed pursuant to RCW 32.32.315 may provide that it may not
be modified without the applicant’s consent after its receipt
by the applicant. If payment is to be made by withdrawal
from a savings account the applicant may, but need not, cause
the withdrawal to be made upon receipt of the order form. If
the withdrawal is made at any time prior to the closing date of
the public offering, the applicant shall pay interest to the
account holder on the account withdrawn as if the amount
had remained in the account from which it was withdrawn
until the closing date. [1981 c 85 § 66.]
32.32.335
32.32.340 Time period for completion of sale of all
shares of capital stock. The sale of all shares of capital
stock of the converting savings bank to be made under the
plan of conversion, including any sale in a public offering or
direct community marketing, shall be completed as promptly
as possible and within forty-five calendar days after the last
32.32.340
(2008 Ed.)
Conversion of Mutual Savings Bank to Capital Stock Savings Bank
32.32.405
day of the subscription period, unless extended by the director. [1994 c 92 § 383; 1981 c 85 § 67.]
describing those portions of the filing as to which he or she
does not so represent. [1994 c 92 § 387; 1981 c 85 § 73.]
32.32.345 Copies of application for approval to be
filed. An applicant that desires to convert in accordance with
this chapter shall file copies of an application for approval in
the form and number prescribed by the director. [1994 c 92 §
384; 1981 c 85 § 68.]
32.32.375 Application to furnish information. Every
application shall furnish information in accordance with this
chapter and with the requirements and forms prescribed by
the director. [1994 c 92 § 388; 1981 c 85 § 74.]
32.32.345
32.32.375
32.32.380 Application—Additional information
required. In addition to the information expressly required
to be included in any application under this chapter, there
shall be added such further material information, if any, as
may be necessary to make the required statements, in the
light of the circumstances under which they are made, not
misleading. [1981 c 85 § 75.]
32.32.380
32.32.350 Nonacceptance and return of applications.
Any application for approval that is improperly executed, or
that does not contain copies of a plan of conversion, amendments to the charter of the applicant in the form of new articles of incorporation, and preliminary offering circulars for
the subscription offering and for the public offering or direct
community marketing shall not be accepted for filing and
shall be returned to the applicant. Any application for
approval containing a materially incomplete plan of conversion or offering circular may be returned by the director to the
applicant. [1994 c 92 § 385; 1981 c 85 § 69.]
32.32.350
32.32.355 Continuity of corporate existence. Upon
the filing of the articles of incorporation of a converted savings bank with the secretary of state in accordance with RCW
32.32.485, the corporate existence of the mutual savings bank
converting to a stock savings bank pursuant to this chapter
shall not terminate but the converted savings bank shall be
deemed to be a continuation of the entity of the mutual savings bank so converted having the same rights and obligations as it had prior to the conversion. [1981 c 85 § 70.]
32.32.355
32.32.360 Form of application. The form of the application shall comply with the requirements of the director.
[1994 c 92 § 386; 1981 c 85 § 71.]
32.32.360
32.32.365 Representations upon filing of application.
Except as provided in RCW 32.32.370, the filing of any
application or amendment thereto under this chapter shall
constitute a representation of the applicant by its duly authorized representative, the applicant’s principal executive
officer, the applicant’s principal financial officer, and the
applicant’s principal accounting officer, and each member of
the applicant’s board of directors (whether or not the director
has signed the application or any amendment thereto) severally that (1) he or she has read the application or amendment,
(2) in the opinion of each such person he or she has made
such examination and investigation as is necessary to enable
him or her to express an informed opinion that the application
or amendment complies to the best of his or her knowledge
and belief with the applicable requirements of this chapter,
and (3) each such person holds this informed opinion. [1981
c 85 § 72.]
32.32.365
32.32.370 Representations upon filing of application—Exception. The representations specified in RCW
32.32.365 shall not be deemed to have been made by any
director of the applicant who did not sign the application or
any amendment thereto, if, and only to the extent that, the
director files with the director within ten business days after
the filing of the application or amendment a statement
32.32.370
(2008 Ed.)
32.32.385 Omission of certain information permitted—Conditions. Information required need be given only
insofar as it is known or reasonably available to the applicant.
If any required information is unknown and not reasonably
available to the applicant, either because the obtaining
thereof would involve unreasonable effort or expense or
because it rests peculiarly within the knowledge of another
person not affiliated with the applicant, the information may
be omitted, subject to the following conditions:
(1) The applicant shall give such information on the subject as it possesses or can acquire without unreasonable effort
or expense, together with the sources thereof.
(2) The applicant shall include a statement either showing that unreasonable effort or expense would be involved or
indicating the absence of any affiliation with the person
within whose knowledge the information rests and stating the
result of a request made to the person for the information.
[1981 c 85 § 76.]
32.32.385
32.32.390 Offering circular—Certain manner of presentation of required information prohibited. The information required in an offering circular shall not be set forth in
such fashion as to obscure any of the required information or
any information necessary to keep the required information
from being incomplete or misleading. [1981 c 85 § 77.]
32.32.390
32.32.395 Form and contents of filings. The form and
contents of any filing made under this chapter need conform
only to the applicable requirements and forms prescribed by
the director then in effect, and contain the information,
including financial statements, required at the time the filing
is made, notwithstanding subsequent changes, except as otherwise provided in any such amendment or in RCW
32.32.400. [1994 c 92 § 389; 1981 c 85 § 78.]
32.32.395
32.32.400 Conformance required to order prohibiting the use of any filing. Whenever the director prohibits by
order or otherwise the use of any filing under this chapter, the
form and contents of any filing used thereafter shall conform
to the requirements of the order. [1994 c 92 § 390; 1981 c 85
§ 79.]
32.32.400
32.32.405 Application—Certain named persons—
Filing of written consent required. (1) If any accountant,
32.32.405
[Title 32 RCW—page 43]
32.32.410
Title 32 RCW: Mutual Savings Banks
attorney, investment banker, appraiser, or other persons
whose professions give authority to a statement made in any
application under this chapter is named as having prepared,
reviewed, passed upon, or certified any part thereof, or any
report or valuation for use in connection therewith, the written consent of the person shall be filed with the application. If
any portion of a report of an expert is quoted or summarized
as such in any filing under this chapter, the written consent of
the expert shall expressly state that the expert consents to this
quotation or summarization.
(2) All written consents filed pursuant to this section
shall be dated and signed manually. A list of the consents
shall be filed with the application. Where the consent of the
expert is contained in the expert’s report, a reference shall be
made in the list to the report containing the consent. [1981 c
85 § 80.]
32.32.410
32.32.410 Offering circular—Certain named persons—Filing of written consent required. If any person
who has not signed an application is named in the offering
circular as about to become a director, the written consent of
this person shall be filed with the director in the form the
director prescribes. [1994 c 92 § 391; 1981 c 85 § 81.]
32.32.415
32.32.415 Date of receipt—Date of filing. The date on
which any documents are actually received by the office of
the director of financial institutions shall be the date of filing
thereof. [1994 c 92 § 392; 1981 c 85 § 82.]
same manner as the director of financial institutions’, and
shall be final. [1994 c 92 § 394; 1981 c 85 § 84.]
32.32.430 Postconversion reports. The applicant shall
file such postconversion reports concerning its conversion as
the director may require. [1994 c 92 § 395; 1981 c 85 § 85.]
32.32.430
32.32.435 Definitions. For purposes of RCW
32.32.440 through 32.32.475, the following definitions shall
apply:
(1) The term "offer" includes every offer to buy or
acquire, solicitation of an offer to sell, tender offer for, or
request or invitation for tenders of, a security or interest in a
security for value.
(2) The term "person" means an individual, a group acting in concert, a corporation, a partnership, an association, a
joint stock company, a trust, and any unincorporated organization or similar company.
(3) Without limitation on the generality of its meaning,
the term "security" includes nontransferable subscription
rights issued to a plan of conversion. [1981 c 85 § 86.]
32.32.435
32.32.440 Certain agreement to transfer and transfers of ownership in rights or securities prohibited. Prior
to completion of a conversion, no person may transfer or
enter into any agreement or understanding to transfer the
legal or beneficial ownership of conversion subscription
rights, or the underlying securities, to the account of another.
[1981 c 85 § 87.]
32.32.440
32.32.420
32.32.420 Availability for conferences in advance of
filing of application—Refusal of prefiling review. (1) The
staff of the director shall be available for conferences with
prospective applicants or their representatives in advance of
filing an application to convert. These conferences may be
held for the purpose of discussing generally the problems
confronting an applicant in effecting conversion or to resolve
specific problems of an unusual nature.
(2) Prefiling review of an application may be refused by
the staff of the director if the review would delay the examination and processing of material which has already been
filed or would favor certain applicants at the expense of others. In any conference under this section, the staff of the
director shall not undertake to prepare material for filing but
shall limit itself to indicating the kind of information
required, leaving the actual drafting to the applicant and its
representatives. [1994 c 92 § 393; 1981 c 85 § 83.]
32.32.445 Certain offers and announcements on
securities prohibited. Prior to completion of a conversion,
no person may make any offer, or announcement of an offer
or intent to make an offer, for any security of a converting
savings bank issued or to be issued in connection with the
conversion. [1981 c 85 § 88.]
32.32.445
32.32.450 Certain offers and acquisitions prohibited.
No person for a period of three years following the date of the
conversion may directly or indirectly offer to acquire or
acquire the beneficial ownership of more than ten percent of
any class of an equity security of any savings bank converted
in accordance with this chapter without the prior written
approval of the director of financial institutions. [1994 c 92 §
396; 1981 c 85 § 89.]
32.32.450
32.32.455 Nonapplicability of RCW 32.32.440 and
32.32.445. RCW 32.32.440 and 32.32.445 shall not apply to
a transfer, agreement or understanding to transfer, offer, or
announcement of an offer or intent to make an offer which (1)
pertains only to securities to be purchased pursuant to RCW
32.32.060, 32.32.150, or 32.32.175; and (2) has prior written
approval of the director. [1994 c 92 § 397; 1981 c 85 § 90.]
32.32.455
32.32.425
32.32.425 Appeal from refusal to approve application. From the director of financial institutions’ refusal to
approve an application for conversion, the applicant may,
within thirty days from the date of the mailing by the director
of financial institutions of notice of refusal to approve, appeal
to a board of appeal composed of the governor or the governor’s designee, the attorney general, and the director of financial institutions by filing in the office of the director of financial institutions a notice that it appeals to this board from the
director of financial institutions’ refusal. The procedure upon
the appeal shall be such as the board may prescribe, and its
determination shall be certified, filed, and recorded in the
[Title 32 RCW—page 44]
32.32.460 Nonapplicability of RCW 32.32.445 and
32.32.450. RCW 32.32.445 and 32.32.450 shall not apply to
any offer with a view toward public resale made exclusively
to the savings bank or underwriters or selling group acting on
its behalf. [1981 c 85 § 91.]
32.32.460
(2008 Ed.)
Conversion of Mutual Savings Bank to Capital Stock Savings Bank
32.32.465 Nonapplicability of RCW 32.32.450.
Unless made applicable by the director by prior advice in
writing, the prohibition contained in RCW 32.32.450 shall
not apply to any offer or announcement of an offer which if
consummated would result in acquisition by a person,
together with all other acquisitions by the person of the same
class of securities during the preceding twelve-month period,
of not more than one percent of the same class of securities.
[1994 c 92 § 398; 1981 c 85 § 92.]
32.32.465
32.32.470 Approval of certain applications prohibited. The director shall not approve an application involving
an offer for, an announcement thereof, or an acquisition of
any security of a converted savings bank submitted under
RCW 32.32.450 if the director finds that the offer frustrates
the purposes of this chapter, is manipulative or deceptive,
subverts the fairness of the conversion, is likely to result in
injury to the savings bank, is not consistent with savings
banking under Title 32 RCW, or is otherwise violative of law
or regulation. [1994 c 92 § 399; 1981 c 85 § 93.]
32.32.470
32.32.475 Penalty for violations. For willful violation
or assistance of such a violation of any provision of RCW
32.32.440 through 32.32.470, any person who (1) has any
connection with the management of a converting or converted savings bank, including any director, officer,
employee, attorney, or agent, or (2) controls more than ten
percent of the outstanding shares of any class of equity security or voting rights thereto of a converting or converted savings bank shall be subject to a civil penalty of not more than
five hundred dollars (which penalty shall be cumulative to
any other remedies) for each day that the violation continues,
which penalty the director may recover by suit or otherwise
for the director’s own use. The director in his or her discretion may, at any time before collection of the penalty
(whether before or after the bringing of any action or other
legal proceedings, the obtaining of any judgment or other
recovery, or the issuance or levy of any execution or other
legal process thereof), compromise or remit in whole or in
part the penalty. [1994 c 92 § 400; 1981 c 85 § 94.]
32.32.475
32.32.480 Name of converted savings bank. A savings bank shall not be forbidden or required to change its corporate name as a result of its conversion pursuant to this
chapter. [1994 c 256 § 107; 1981 c 85 § 95.]
32.32.480
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.32.485 Amendments to charter required in application—Articles of incorporation—Filing of certificate
required—Contents—Issuance and filing of authorization certificate. (1) An application for conversion under this
chapter shall include amendments to the charter of the converting savings bank. The charter of the converted savings
bank, as amended, shall be known after the conversion as the
articles of incorporation of the converted savings bank. The
articles of incorporation may limit or permit the preemptive
rights of a shareholder to acquire unissued shares of the converted savings bank and may thereafter by amendment limit,
deny, or grant to shareholders of any class of stock or of any
series of preferred stock the preemptive right to acquire addi32.32.485
(2008 Ed.)
32.32.485
tional shares of the converted savings bank whether then or
thereafter authorized. The articles of incorporation may
establish or may specify procedures, in accordance with
RCW 30.08.083, for the division of a class of preferred stock
into series. In addition to such provisions and the provisions
permitted pursuant to RCW 23B.17.030, the articles of incorporation shall contain such other provisions not inconsistent
with this chapter as the board of directors of the converting
savings bank may determine and as shall be approved by the
director of financial institutions.
(2) When all of the stock of a converting savings bank
has been subscribed for in accordance with the plan and any
amendments thereto, the board of trustees shall thereupon
issue the stock and shall cause to be filed with the director of
financial institutions, in triplicate, a certificate subscribed by
the persons who are to be directors of the converted savings
bank, stating:
(a) That all of the stock of the converted mutual savings
bank has been issued;
(b) That the attached articles of incorporation have been
executed by all of the persons who are to be directors of the
converted mutual savings bank;
(c) The place where the bank is to be located and its business transacted, naming the city or town and county, which
city or town shall be the same as that where the principal
place of business of the mutual savings bank has theretofore
been located;
(d) The name, occupation, residence, and post office
address of each signer of the certificate; and
(e) The amount of the assets of the mutual savings bank,
the amount of its liabilities, and the amount of its guaranty
fund and nondivided profits as of the first day of the current
calendar month.
(3) Upon the filing of the certificate in triplicate, the
director of financial institutions shall, within thirty days
thereafter, if satisfied that the corporation has complied with
all the provisions of this chapter, issue in triplicate an authorization certificate stating that the corporation has complied
with all the requirements of law, and that it has authority to
transact at the place designated in its articles of incorporation
the business of a converted mutual savings bank. One of the
director of financial institutions’ certificates of authorization
shall be attached to each of the articles of incorporation, and
one set of these shall be filed and retained by the director of
financial institutions, one set shall be filed in the office of the
secretary of state, and one set shall be transmitted to the bank
for its files. Upon the receipt from the corporation of the same
fees as are required for filing and recording other incorporation certificates or articles the secretary of state shall record
the same; whereupon the conversion of the mutual savings
bank shall be deemed complete, the requirements of RCW
32.08.010 relating to the incorporation certificate of an
unconverted mutual savings bank shall no longer apply, and
the signers of the articles of incorporation and their successors shall be a corporation having the powers and being subject to the duties and obligations prescribed by the laws of
this state applicable to converted mutual savings banks, and
the time of existence of the corporation shall be perpetual,
unless terminated pursuant to law. [1994 c 256 § 108; 1994 c
92 § 401; 1981 c 85 § 96.]
[Title 32 RCW—page 45]
32.32.490
Title 32 RCW: Mutual Savings Banks
Reviser’s note: This section was amended by 1994 c 92 § 401 and by
1994 c 256 § 108, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.32.490 Amendments to articles of incorporation.
(1) Amendments to the articles of incorporation of the converted savings bank shall be made only with the approvals of
the director, of two-thirds of the directors of the savings bank,
and of the holders of a majority of each class of the outstanding shares of capital stock or such greater percentage of these
shares as may be specified in the articles of the converted
savings bank.
(2) Unless the articles of incorporation provide otherwise, the board of directors of a savings bank may, by majority vote, amend the savings bank’s articles of incorporation as
provided in this section without shareholder action:
(a) If the savings bank has only one class of shares outstanding, to provide, change, or eliminate any provision with
respect to the par value of any class of shares;
(b) To delete the name and address of the initial directors;
(c) If the savings bank has only one class of shares outstanding, solely to change the number of authorized shares to
effectuate a split of, or stock dividend in, the savings bank’s
own shares, or solely to do so and to change the number of
authorized shares in proportion thereto;
(d) To change the savings bank’s name; or
(e) To make any other change expressly permitted by
this title to be made without shareholder action. [1994 c 256
§ 109; 1994 c 92 § 402; 1985 c 56 § 28; 1981 c 85 § 97.]
32.32.490
Reviser’s note: This section was amended by 1994 c 92 § 402 and by
1994 c 256 § 109, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
annually, the converted savings bank’s articles of incorporation or bylaws may provide that the directors be divided into
either two or three classes, each class to be as nearly equal in
number as possible, the term of office of directors of the first
class to expire at the first annual meeting of shareholders
after their election, that of the second class to expire at the
second annual meeting after their election, and that of the
third class, if any, to expire at the third annual meeting after
their election. At each annual meeting after such classification, the number of directors equal to the number of the class
whose term expires at the time of such meeting shall be
elected to hold office until the second succeeding annual
meeting, if there are two classes, or until the third succeeding
annual meeting, if there are three classes. A classification of
directors shall not be effective prior to the first annual meeting of shareholders.
(3) Each director, so far as the duty devolves upon him or
her, shall diligently and honestly administer the affairs of the
corporation and shall not knowingly violate or willingly permit to be violated any provision of law applicable to the corporation.
(4) A vacancy occurring in the board of directors may be
filled by the affirmative vote of a majority of the remaining
directors. A director elected to fill a vacancy shall be elected
for the unexpired term of the director’s predecessor in office.
A directorship to be filled by reason of an increase in the
number of directors may be filled by the board of directors
for a term of office continuing only until the next election of
directors by the shareholders. [1994 c 256 § 110; 1994 c 92
§ 403; 1985 c 56 § 29; 1983 c 44 § 3; 1981 c 85 § 98.]
Reviser’s note: This section was amended by 1994 c 92 § 403 and by
1994 c 256 § 110, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.32.497 Conversions incident to acquisition by savings bank holding company or merger or consolidation
with savings bank holding company subsidiary—Application of RCW 32.32.110 and 32.32.115. (1) In a conversion of an unconverted mutual savings bank that is in the process of acquisition by a savings bank holding company or in
the process of merger or consolidation with a subsidiary of a
savings bank holding company, the restrictions imposed by
RCW 32.32.110 on resale of stock apply to shares of the
holding company purchased on original issue by any director
or officer of the converting savings bank that is in the process
of acquisition, merger, or consolidation, and the restrictions
imposed by this chapter apply to the ownership of capital
stock in the holding company with the same force and effect
as they would apply to the ownership of capital stock of the
unconverted mutual savings bank if shares of this savings
bank were offered to depositors or the public pursuant to this
chapter.
(2) The tender of shares by directors and officers of a
converted savings bank in exchange for shares of another
converted savings bank, or for shares of a holding company,
do not constitute a sale for purposes of RCW 32.32.110.
However, the restrictions of RCW 32.32.110 and 32.32.115
apply to the resale of the shares they receive in such an
exchange with the same force and effect as to the shares of
32.32.497
32.32.495 Directors—Election—Meetings—Quorum—Oath—Vacancies. (1) Every converted savings bank
shall be managed by not less than five directors, except that a
bank having a capital of fifty thousand dollars or less may
have only three directors. Directors shall be elected by the
stockholders and hold office for one year and until their successors are elected and have qualified. In the first instance the
directors shall be those named in the articles of incorporation
and afterwards, those elected at the annual meeting of the
stockholders to be held at least once each year on a day to be
specified by the converted savings bank’s bylaws but not
later than May 15th of each year. If for any cause an election
is not held at that time, it may be held at an adjourned meeting
or at a subsequent meeting called for that purpose in the manner prescribed by the corporation’s bylaws. Each director
shall be a resident of a state of the United States. The directors shall meet at least nine times each year and whenever
required by the director. A majority of the board of directors
shall constitute a quorum for the transaction of business. At
all stockholders’ meetings, each share shall be entitled to one
vote, unless the articles of incorporation provide otherwise.
Any stockholder may vote in person or by written proxy.
(2) If the board of directors consists of nine or more
members, in lieu of electing the entire number of directors
32.32.495
[Title 32 RCW—page 46]
(2008 Ed.)
Conversion of Mutual Savings Bank to Capital Stock Savings Bank
the converted savings bank they purchased on original issue
for a period of three years following the date of such purchase
on original issue. [1985 c 56 § 30.]
32.32.500
32.32.500 Merger, consolidation, conversion, etc.—
Approval—Concentration limits. (1) A savings bank may
merge with, consolidate with, convert into, acquire a branch
or branches of, or sell its branch or branches to any depository institution as defined in 12 U.S.C. Sec. 461, any financial institution chartered or authorized to do business under
the laws of any state, territory, province, or other jurisdiction
of the United States or another nation, or any holding company or subsidiary of such an institution, subject to the
approval of (a) the director of financial institutions if the surviving institution is one chartered under Title 30, 31, 32, or
33 RCW, or (b) if the surviving institution is to be a bank,
savings bank, savings and loan association, or other depository institution that is federally chartered under the laws of
the United States, the federal regulatory authority having
jurisdiction over the transaction under the applicable laws, or
(c) if the surviving institution is to be a bank, savings bank,
savings and loan association, or other depository or financial
institution that is chartered under the laws of another state or
territory of the United States, the regulatory authority having
jurisdiction over that transaction under the applicable laws, or
(d) if the surviving institution is to be a bank, savings bank,
savings and loan association, or other depository or financial
institution that is chartered under the laws of a nation other
than the United States or of a state, territory, province, or
other jurisdiction of such nation, the director of financial
institutions, or (e) if the surviving institution is to be a bank
holding company or financial holding company, the Federal
Reserve Board or its successor under 12 U.S.C. Sec. 1842 (a)
and (d).
(2) In the case of a liquidation, acquisition, merger, consolidation, or conversion of a converted savings bank, chapter 32.34 RCW shall apply.
(3) The concentration limits applicable to these transactions, pursuant to 12 U.S.C. Sec. 1831u(b)(2)(C) with respect
to interstate transactions, shall be those imposed pursuant to
12 U.S.C. Sec. 1828(c)(5), as applied by the federal regulatory authority having jurisdiction over that transaction under
the applicable law, in lieu of the concentration limits of 12
U.S.C. Sec. 1831u(b)(2)(B). [2003 c 24 § 9; 1999 c 14 § 30;
1996 c 2 § 28. Prior: 1994 c 256 § 111; 1994 c 92 § 404;
1985 c 56 § 31; 1981 c 85 § 99.]
Severability—2003 c 24: See RCW 30.04.901.
Severability—1999 c 14: See RCW 32.35.900.
Severability—1996 c 2: See RCW 30.38.900.
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.32.505
32.32.505 Intent—References in the Revised Code of
Washington. (1) It is the intention of the legislature to grant,
by this chapter, authority to permit conversions by mutual
savings banks to capital stock form, and the rights, powers,
restrictions, limitations, and requirements of Title 32 RCW
shall apply to a converted mutual savings bank except that, in
the event of conflict between the provisions of this chapter
and other provisions of Title 32 RCW, the other provisions
(2008 Ed.)
32.32.900
shall be construed in favor of the accomplishment of the purposes of this chapter.
(2) References in the Revised Code of Washington as of
the most recent effective date of any amendment, to mutual
savings banks shall refer also to stock savings banks. References in the Revised Code of Washington to the board of
trustees of a mutual savings bank shall refer also to the board
of directors of a stock savings bank. The provisions of Title
30 RCW shall not apply to a converted savings bank except
insofar as the provisions would apply to a mutual savings
bank. [1994 c 256 § 112; 1985 c 56 § 32; 1981 c 85 § 100.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.32.515
32.32.515 Guaranty fund. The guaranty fund of a
mutual savings bank converted under this chapter shall
become surplus of the converted savings bank, but shall not
be available after conversion for purposes other than those
purposes for which a guaranty fund may be used by a mutual
savings bank under Title 32 RCW. No contribution need be
made to the guaranty fund by the converted savings bank
after conversion. When any provision of any other chapter of
this title refers to the amount of the guaranty fund for the purpose of determining the extent of the authority of a savings
bank, and not for purposes of prescribing the use of funds in
or contributions to the guaranty fund, such provision shall be
deemed to refer to an amount including capital surplus and
paid-in capital of a stock savings bank. [1994 c 256 § 113;
1981 c 85 § 102.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.32.520
32.32.520 "Funds" defined. The "funds" of a converted savings bank, as the term is used in Title 32 RCW,
shall mean deposits, sums credited to the liquidation account,
capital stock, the principal balance of any outstanding capital
notes, capital debentures, borrowings, undivided profits and
income derived from the foregoing or the proceeds of the
foregoing as listed in this section. [1999 c 14 § 31; 1981 c 85
§ 103.]
Severability—1999 c 14: See RCW 32.35.900.
32.32.525
32.32.525 Prohibition on certain securities and purchases—Exception. After July 26, 1981, no converted savings bank may make any loan or discount on the security of
its own capital stock, nor be the purchaser or holder of any
such shares, unless the security or purchase is necessary to
prevent loss upon a debt previously contracted in good faith,
in which case the stocks so purchased or acquired shall be
sold at public or private sale, or otherwise disposed of, within
six months from the time of its purchase or acquisition. The
prohibitions of this section do not apply to a purchase of
shares approved by the director pursuant to RCW 32.32.210.
[1994 c 92 § 405; 1983 c 44 § 4; 1981 c 85 § 104.]
32.32.900
32.32.900 Severability—1981 c 85. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1981 c 85 § 107.]
[Title 32 RCW—page 47]
Chapter 32.34
Title 32 RCW: Mutual Savings Banks
Chapter 32.34 RCW
MERGER, CONSOLIDATION, CONVERSION, ETC.
Chapter 32.34
(Formerly: Conversion between domestic and federal savings bank)
organized under the laws of this state. [1999 c 14 § 32; 1994
c 92 § 406; 1983 c 45 § 1.]
Severability—1999 c 14: See RCW 32.35.900.
Sections
32.34.020 Conversion of federal savings bank,
national bank, or state commercial bank to domestic savings bank. (1) A federal savings bank, the home office of
which is located in this state, a national bank, the head office
of which is located in this state, or a state commercial bank
incorporated under chapter 30.08 RCW or resulting under
chapter 30.49 RCW may convert itself into a domestic savings bank under this title upon approval by the director. For
any such conversion, the federal savings bank, national bank,
or state commercial bank shall proceed as provided in this
chapter for the conversion of a domestic savings bank into a
federal savings bank, national bank, or resulting bank under
chapter 30.49 RCW. The conversion shall be effected by the
vote of a majority of the members or stockholders present, in
person or by proxy, at a regular or special meeting of the
members or stockholders called for such purpose.
(2) Upon consummation of the conversion, the successor
domestic savings bank shall succeed to all right, title, and
interest of the federal savings bank in and to its assets, and to
its liabilities to the creditors of such federal savings bank,
national bank, or a state bank. [1999 c 14 § 33; 1994 c 92 §
407; 1983 c 45 § 2.]
32.34.020
32.34.010
32.34.020
32.34.025
32.34.030
32.34.040
32.34.050
32.34.060
Conversion of domestic savings bank—Rights, powers, etc.,
of successor institution.
Conversion of federal savings bank, national bank, or state
commercial bank to domestic savings bank.
Conversion of stock savings bank to savings bank without capital stock.
Savings banks converted to stock form—Voluntary liquidation, transfer of assets, merger, consolidation, etc.—
Approval of directors and shareholders.
Savings bank holding companies—Savings bank subsidiaries.
Business trusts for the benefit of depositors.
Voluntary liquidation, conversion, acquisition, merger, and
consolidation—Right of dissenting shareholder to receive
value of shares—Determination.
32.34.010 Conversion of domestic savings bank—
Rights, powers, etc., of successor institution. (1) A domestic savings bank formed or converted under this title may
convert itself into a state or federal credit union or a federal
mutual or stock savings bank, national bank or, within the
meaning of chapter 30.49 RCW, a resulting state bank. The
conversion shall be effected, notwithstanding any restrictions, limitations, and requirements of law:
(a) In the case of the conversion of a mutual savings bank
without capital stock to a state or federal credit union or a federal mutual savings bank, by the vote of two-thirds of the
trustees at a regular or special meeting of the trustees called
for such purpose;
(b) In the case of the conversion of a stock savings bank
to a federal stock savings bank, national bank or, within the
meaning of chapter 30.49 RCW, a resulting state bank, by the
vote of a majority of the stockholders present, in person or by
proxy, at a regular or special meeting of the stockholders
called for such purpose;
(c) In the case of the conversion of a savings bank to a
federal credit union, federal savings bank, or national bank,
in compliance with the procedure, if any, prescribed by the
laws of the United States.
(2) Notice of the meeting, stating the purpose thereof,
shall be given the director at least thirty days prior to the
meeting. If the conversion is authorized by the trustees or
stockholders at the meeting, the trustees or stockholders are
authorized and shall effect such action, and the officers of the
savings bank shall execute all proper conveyances, documents, and other papers necessary or proper thereunto. If conversion is authorized, a copy of the minutes of the meeting
shall be filed forthwith with the director.
(3) Upon consummation of the conversion, the successor
credit union, federal savings bank, national bank, or resulting
state bank shall succeed to all right, title, and interest of the
mutual or stock bank, respectively, in and to its assets and to
its liabilities to the creditors of the savings bank. Upon the
conversion, after the execution and delivery of all instruments of transfer, conveyance, and assignment, the domestic
savings bank shall be deemed dissolved.
(4) Every federal savings bank, the home office of which
is located in this state, and the savings accounts therein, have
all the rights, powers, and privileges and are entitled to the
same immunities and exemptions as pertain to savings banks
32.34.010
[Title 32 RCW—page 48]
Severability—1999 c 14: See RCW 32.35.900.
32.34.025 Conversion of stock savings bank to savings bank without capital stock. (1) The conversion of a
stock savings bank to a savings bank without capital stock
requires the affirmative vote or written consent of two-thirds
of the directors of the savings bank and requires the affirmative vote of two-thirds of the outstanding stock of the savings
bank. The conversion shall proceed as prescribed in chapter
32.32 RCW subject to the authority of the director under
RCW 32.32.010 and is complete upon the payment into the
guaranty fund of the resulting savings bank without capital
stock of any surplus remaining after satisfaction of all debts
and liabilities of the savings bank, including but not limited
to liabilities to dissenting shareholders under RCW
32.34.060.
(2) Any stock savings bank may provide in its articles of
incorporation for a higher percentage of affirmative shareholder votes to approve a conversion to a savings bank without capital stock. [1999 c 14 § 34.]
32.34.025
Severability—1999 c 14: See RCW 32.35.900.
32.34.030 Savings banks converted to stock form—
Voluntary liquidation, transfer of assets, merger, consolidation, etc.—Approval of directors and shareholders. (1)
The voluntary liquidation of a mutual savings bank converted
to the stock form requires the affirmative vote or written consent of two-thirds of the directors of the converted savings
bank, requires the affirmative vote of two-thirds of the outstanding stock of the savings bank, shall proceed as prescribed in chapter 32.24 RCW, and shall be complete upon
the payment of any surplus remaining, after satisfaction of all
debts and liabilities of the savings bank, to shareholders in
accordance with their legal rights to such surplus.
32.34.030
(2008 Ed.)
Merger, Consolidation, Conversion, Etc.
(2) A savings bank which has converted to the stock
form may sell all its assets and transfer all its liabilities upon
the affirmative vote or with the written consent of two-thirds
of its directors, and upon the affirmative vote of the holders
of two-thirds of the outstanding voting shares in each class
entitled to vote.
(3) Any merger or consolidation involving a mutual savings bank converted to stock form requires approval by twothirds of the directors and by the holders of a majority of the
outstanding voting shares in each class except that a merger
or consolidation approved by two-thirds of the outstanding
voting shares in each class requires approval by only a majority of the directors of the converted savings bank, and except
as provided in subsection (4) of this section.
(4) A savings bank that has converted to the stock form
may engage in a consolidation or merger upon the affirmative
vote of two-thirds of its directors, if (a) the transaction is with
a wholly-owned subsidiary of the converted savings bank, or
(b)(i) the transaction is incident to the establishment of a
holding company pursuant to RCW 32.34.040 or 12 U.S.C.
Sec. 1467a, (ii) each shareholder will, immediately after the
effective date of such transaction, hold the same number of
shares of the holding company, with substantially the same
designations, preferences, limitations, and rights, as the
shares of the converted savings bank that the shareholder
held immediately before the effective date, and (iii) the number of authorized shares of the holding company will, immediately after the effective date, be the same as the number of
authorized shares of the converted savings bank immediately
before the effective date, or (c)(i) the total assets of the converted savings bank, immediately prior to the effective date
of the transaction, exceed two-thirds of the assets of the institution that would result from the transaction and (ii) the converted savings bank will survive the transaction without its
shareholders surrendering their shares of stock in the converted savings bank.
(5) Any converted savings bank may provide in its articles of incorporation for a higher percentage of affirmative
shareholder votes to approve any liquidation, sale of assets,
merger, or consolidation. [1994 c 256 § 115; 1985 c 56 § 33.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.34.040 Savings bank holding companies—Savings
bank subsidiaries. (1) No savings bank having capital stock
may establish a holding company to own all its stock without
the approval of the director. Upon tender of their shares of the
converted savings bank, the shareholders of the savings bank
shall receive all the shares of the holding company which are
outstanding at the time of this tender.
(2) Any company owning more than twenty-five percent
of the outstanding voting stock of a savings bank doing business under this Title 32 RCW shall, in addition to the restrictions of RCW 32.32.228, be subject to regulation as a savings
bank holding company. Any savings bank holding company
which is not subject to regulation by the federal reserve board
or the federal home loan bank board, and all holding company subsidiaries engaging in businesses which are not subject to regulation or licensing by the federal home loan bank
board, the director, the commissioner of insurance, or the
administrator authorized to regulate loan companies doing
32.34.040
(2008 Ed.)
32.34.060
business under Title 31 RCW, will be subject to such regulation of accounting practices and of the qualifications of directors and officers, and such inspection and visitation by the
director as the director shall deem appropriate, subject to the
limitations imposed on regulation, inspection, and visitation
of a savings bank under this title. In addition, any savings
bank holding company and all holding company subsidiaries
will be subject to visitation by the director as such shall deem
appropriate, subject to the limitations imposed on visitation
of a savings bank under this Title 32 RCW and under the
supremacy clause of the Constitution of the United States.
The savings bank subsidiary of this holding corporation may
engage in subsequent mergers, consolidations, acquisitions,
and conversions, only to the extent authorized by RCW
32.32.500, and only upon complying with the applicable
requirements in RCW 32.34.030 and this chapter.
(3) In the event a savings bank forms a subsidiary to
carry out any of the powers of savings banks under this title,
any institution with which this subsidiary merges shall continue to be subject to regulation, inspection, and visitation by
the director if the subsidiary is authorized to do business by
Title 33 RCW. [1994 c 92 § 408; 1985 c 56 § 34.]
32.34.050
32.34.050 Business trusts for the benefit of depositors. A savings bank not having capital stock may establish
a business trust for the benefit of its depositors, with the
approval of the director and subject to such rules as the director may adopt. The director may permit this business trust to
become a mutual holding company owning all shares of an
interim stock savings bank, the sole purpose of which shall be
to merge into the mutual savings bank that formed the business trust. The depositors in an unconverted savings bank
which has merged with the subsidiary of such a mutual holding company, in the event of a later conversion of this mutual
holding company to the stock form, shall retain all their rights
to their deposits in the savings bank, and shall also receive,
without payment, nontransferrable rights to subscribe for the
stock of the holding company, and rights to a liquidation
account maintained by the holding company in proportion to
their deposits in the savings bank, to the same extent that they
would receive these rights in a stock conversion of the savings bank as prescribed in chapter 32.32 RCW. [1994 c 92 §
409; 1985 c 56 § 35.]
32.34.060
32.34.060 Voluntary liquidation, conversion, acquisition, merger, and consolidation—Right of dissenting
shareholder to receive value of shares—Determination.
(1) Any holder of shares of a savings bank shall be entitled to
receive the value of these shares, as specified in subsection
(2) of this section, if (a) the savings bank is voluntarily liquidating, converting to a savings bank without capital stock,
being acquired, merging, or consolidating, (b) the shareholder voted, in person or by proxy, against the liquidation,
conversion, acquisition, merger, or consolidation, at a meeting of shareholders called for the purpose of voting on such
transaction, and (c) the shareholder delivers a written demand
for payment, with the stock certificates, to the savings bank
within thirty days after such meeting of shareholders. The
value of shares shall be paid in cash, within ten days after the
[Title 32 RCW—page 49]
Chapter 32.35
Title 32 RCW: Mutual Savings Banks
later of the effective date of the transaction or the completion
of the appraisal as specified in subsection (2) of this section.
(2) The value of such shares shall be determined as of the
close of business on the business day before the shareholders’
meeting at which the shareholder dissented, by three appraisers, one to be selected by the owners of two-thirds of the dissenting shares, one by the board of directors of the institution
that will survive the transaction, and the third by the two so
chosen. The valuation agreed upon by any two appraisers
shall govern. If such appraisal is not completed by the later of
the effective date of the transaction or the thirty-fifth day
after receipt of the written demand and stock certificates, the
director shall cause an appraisal to be made.
(3) The dissenting shareholders shall bear, on a pro rata
basis based on the number of dissenting shares owned, the
cost of their appraisal and one-half of the cost of a third
appraisal, and the surviving institution shall bear the cost of
its appraisal and one-half the cost of the third appraisal. If the
director causes an appraisal to be made, the cost of that
appraisal shall be borne equally by the dissenting shareholders and the surviving institution, with the dissenting shareholders sharing their half of the cost on a pro rata basis based
on the number of dissenting shares owned.
The institution that is to survive the transaction may fix
an amount which it considers to be not more than the fair
market value of the shares of a savings bank at the time of the
stockholder’s meeting approving the transaction, which it
will pay dissenting shareholders entitled to payment in cash.
The amount due under such accepted offer or under the
appraisal shall constitute a debt of the surviving institution.
[1999 c 14 § 35; 1994 c 256 § 116; 1985 c 56 § 36.]
Severability—1999 c 14: See RCW 32.35.900.
Findings—Construction—1994 c 256: See RCW 43.320.007.
Chapter 32.35
Chapter 32.35 RCW
STOCK SAVINGS BANKS
Sections
32.35.010
32.35.020
32.35.030
32.35.040
32.35.050
32.35.055
32.35.060
32.35.070
32.35.080
32.35.090
32.35.900
Incorporators—Paid-in capital stock, surplus, and undivided
profits—Requirements.
Notice of intention to organize—Proposed articles of incorporation—Contents.
Investigation.
Notice to file articles—Articles approved or refused—Hearing.
Approved articles to be filed and recorded—Organization
complete.
Amending articles—Filing with director—Contents.
Certificate of authority—Issuance—Contents.
Failure to commence business—Effect—Extension of time.
Extension of existence—Application—Investigation—Certificate—Appeal—Winding up for failure to continue existence.
Shares—Certificates not required.
Severability—1999 c 14.
32.35.010 Incorporators—Paid-in capital stock, surplus, and undivided profits—Requirements. When authorized by the director, one or more natural persons, citizens of
the United States, may incorporate a stock savings bank in
the manner prescribed under this chapter. No stock savings
bank may incorporate for less amount nor commence business unless it has a paid-in capital stock, surplus and undivided profits in the amount as may be determined by the
director after consideration of the proposed location, man32.35.010
[Title 32 RCW—page 50]
agement, and the population and economic characteristics for
the area, the nature of the proposed activities and operation of
the stock savings bank, and other factors deemed pertinent by
the director. Before commencing business, each stock savings bank shall have subscribed and paid into it in the same
manner as is required for capital stock, an amount equal to at
least ten percent of the capital stock required, that shall be
carried in the undivided profit account and may be used to
defray organization and operating expenses of the company.
Any sum not so used shall be transferred to the surplus fund
of the company before any dividend shall be declared to the
stockholders. [1999 c 14 § 1.]
32.35.020
32.35.020 Notice of intention to organize—Proposed
articles of incorporation—Contents. Persons desiring to
incorporate a stock savings bank shall file with the director a
notice of their intention to organize a stock savings bank in
such form and containing such information as the director
shall require, together with proposed articles of incorporation, which shall be submitted for examination to the director
at his or her office.
The proposed articles of incorporation shall state:
(1) The name of the stock savings bank;
(2) The city, village, or locality and county where the
head office of the corporation is to be located;
(3) The nature of its business, that of a stock savings
bank;
(4) The amount of its capital stock, which shall be
divided into shares of a par or no par value as may be provided in the articles of incorporation;
(5) The names and places of residence and mailing
addresses of the persons who as directors are to manage the
corporation until the first annual meeting of its stockholders;
(6) If there is to be preferred or special classes of stock,
a statement of preferences, voting rights, if any, limitations
and relative rights in respect of the shares of each class; or a
statement that the shares of each class shall have the
attributes as shall be determined by the stock savings bank’s
board of directors from time to time with the approval of the
director;
(7) Any provision granting the shareholders the preemptive right to acquire additional shares of the stock savings
bank and any provision granting shareholders the right to
cumulate their votes;
(8) Any provision, not inconsistent with law, which the
incorporators elect to set forth in the articles of incorporation
for the regulation of the affairs of the corporation, including
any provision restricting the transfer of shares, any provision
which under this title is required or permitted to be set forth
in the bylaws, and any provision permitted by RCW
23B.17.030;
(9) Any provision the incorporators elect to so set forth,
not inconsistent with law or the purposes for which the stock
savings bank is organized, or any provision limiting any of
the powers granted in this title.
It is not necessary to set forth in the articles of incorporation any of the corporate powers granted in this title. The articles of incorporation shall be signed by all of the incorporators. [1999 c 14 § 2.]
(2008 Ed.)
Stock Savings Banks
32.35.030 Investigation. When the notice of intention
to organize and proposed articles of incorporation complying
with RCW 32.35.020 have been received by the director,
together with the fees required by law, the director shall
ascertain from the best source of information at his or her
command and by such investigation as he or she may deem
necessary, whether the character, responsibility and general
fitness of the persons named in the articles are such as to
command confidence and warrant belief that the business of
the proposed stock savings bank will be honestly and efficiently conducted in accordance with the intent and purpose
of this title, whether the resources in the neighborhood of
such place and in the surrounding country afford a reasonable
promise of adequate support for the proposed stock savings
bank, and whether the proposed stock savings bank is being
formed for other than the legitimate objects covered by this
title. [1999 c 14 § 3.]
32.35.030
32.35.070
32.35.055 Amending articles—Filing with director—
Contents. A stock savings bank amending its articles of
incorporation shall deliver articles of amendment to the
director for filing as required for articles of incorporation.
The articles of amendment shall set forth:
(1) The name of the stock savings bank;
(2) The text of each amendment adopted;
(3) The date of each amendment’s adoption;
(4) If the amendment was adopted by the incorporators
or board of directors without shareholder action, a statement
to that effect and that shareholder action was not required;
and
(5) If shareholder action was required, a statement that
the amendment was duly approved by the shareholders in
accordance with the provisions of RCW 32.32.490. [1999 c
14 § 6.]
32.35.055
32.35.060 Certificate of authority—Issuance—Contents. Before any stock savings bank is authorized to do
business, and within ninety days after approval of the articles
of incorporation or such other time as the director may allow,
it shall furnish proof satisfactory to the director that such corporation has a paid-in capital in the amount determined by the
director, that the requisite surplus or reserve fund has been
accumulated or paid in cash, and that it has in good faith complied with all the requirements of law and fulfilled all the
conditions precedent to commencing business imposed by
this title. If so satisfied, and within thirty days after receipt of
such proof, the director shall issue under his or her hand and
official seal, in triplicate, a certificate of authority for such
corporation. The certificate shall state that the named corporation has complied with the requirements of law and that it is
authorized to transact the business of a stock savings bank.
However, the director may make his or her issuance of the
certificate to a stock savings bank authorized to accept deposits, conditional upon the granting of deposit insurance by the
federal deposit insurance corporation, and in such event, shall
set out such condition in a written notice which shall be delivered to the corporation.
One of the triplicate certificates shall be transmitted by
the director to the corporation and one of the other two shall
be filed by the director in the office of the secretary of state
and shall be attached to the articles of incorporation. However, if the issuance of the certificate is made conditional
upon the granting of deposit insurance by the federal deposit
insurance corporation, the director shall not transmit or file
the certificate until such condition is satisfied. [1999 c 14 §
7.]
32.35.060
32.35.040 Notice to file articles—Articles approved
or refused—Hearing. After the director is satisfied of the
*above facts, and, within six months of the date the notice of
intention to organize has been received in his or her office,
the director shall notify the incorporators to file executed articles of incorporation with the director in triplicate. Unless the
director otherwise consents in writing, such articles shall be
in the same form and shall contain the same information as
the proposed articles and shall be filed with the director
within ten days of such notice. Within thirty days after the
receipt of such articles of incorporation, the director shall
endorse upon each of the copies, over his or her official signature, the word "approved," or the word "refused," with the
date of such endorsement. In case of refusal the director shall
immediately return one of the copies, so endorsed, together
with a statement explaining the reason for refusal to the person from whom the articles were received, which refusal
shall be conclusive, unless the incorporators, within ten days
of the issuance of such notice of refusal, shall request a hearing pursuant to the administrative procedure act, chapter
34.05 RCW. [1999 c 14 § 4.]
32.35.040
*Reviser’s note: The term "above facts" apparently refers to the investigation required under RCW 32.35.030.
32.35.050 Approved articles to be filed and
recorded—Organization complete. In case of approval the
director shall immediately give notice to the proposed incorporators and file one of the copies of the articles of incorporation in his or her own office, and shall transmit another
copy to the secretary of state, and the last to the incorporators.
Upon receipt from the proposed incorporators of the fees as
are required for filing and recording other articles of incorporation, the secretary of state shall file and record the articles.
Upon the filing of articles of incorporation approved by the
director with the secretary of state, all persons named in the
articles and their successors shall become and be a corporation, which shall have the powers and be subject to the duties
and obligations prescribed by this title, and whose existence
shall continue from the date of the filing of such articles until
terminated pursuant to law; but such corporation shall not
transact any business except as is necessarily preliminary to
its organization until it has received a certificate of authority.
[1999 c 14 § 5.]
32.35.050
(2008 Ed.)
32.35.070 Failure to commence business—Effect—
Extension of time. Every corporation authorized by the laws
of this state to do business as a stock savings bank, which corporation shall have failed to organize and commence business within six months after certificate of authority to commence business has been issued by the director, shall forfeit
its rights and privileges as such corporation, which fact the
director shall certify to the secretary of state, and such certificate of forfeiture shall be filed and recorded in the office of
the secretary of state in the same manner as the certificate of
authority. However, the director may, upon showing of cause
satisfactory to him or her, issue an order under his or her hand
32.35.070
[Title 32 RCW—page 51]
32.35.080
Title 32 RCW: Mutual Savings Banks
and seal extending for not more than three months the time
within which such organization may be effected and business
commenced, such order to be transmitted to the office of the
secretary of state and filed and recorded. [1999 c 14 § 8.]
32.35.080 Extension of existence—Application—
Investigation—Certificate—Appeal—Winding up for
failure to continue existence. At any time not less than one
year prior to the expiration of the time of the existence of any
mutual savings bank or stock savings bank, it may by written
application to the director, signed and verified by a majority
of its directors and approved in writing by the owners of not
less than two-thirds of its capital stock, apply to the director
for leave to file amended articles of incorporation, extending
its time of existence. Prior to acting upon such application,
the director shall make such investigation of the applicant as
he or she deems necessary. If the director determines that the
applicant is in sound condition, that it is conducting its business in a safe manner and in compliance with law and that no
reason exists why it should not be permitted to continue, he or
she shall issue to the applicant a certificate authorizing it to
file amended articles of incorporation extending the time of
its existence until such time as it be dissolved by the act of its
shareholders owning not less than two-thirds of its stock, or
until its certificate of authority becomes revoked or forfeited
by reason of violation of law, or until its affairs be taken over
by the director for legal cause and finally wound up by him or
her. Otherwise the director shall notify the applicant that he
or she refuses to grant such certificate. The applicant may
appeal from such refusal in the same manner as in the case of
a refusal to grant an original certificate of authority. Otherwise the determination of the director shall be conclusive.
Upon receiving a certificate, as hereinabove provided,
the applicant may file amended articles of incorporation,
extending the time of its existence for the term authorized, to
which shall be attached a copy of the certificate of the director. Such articles shall be filed in the same manner and upon
payment of the same fees as for original articles of incorporation.
Should any mutual savings bank or stock savings bank
fail to continue its existence in the manner provided and be
not previously dissolved, the director shall at the end of its
original term of existence immediately take possession of the
corporation and wind up its affairs in the same manner as in
the case of insolvency. [1999 c 14 § 9.]
(3) Within a reasonable time after the issue or transfer of
shares without certificates, the stock savings bank shall send
the shareholder a written statement of the information
required to be stated on certificates under subsection (1) of
this section. [1999 c 14 § 10.]
32.35.080
32.35.090 Shares—Certificates not required. (1)
Shares of a stock savings bank may, but need not be, represented by certificates. Unless this title expressly provides otherwise, the rights and obligations of shareholders are identical whether or not their shares are represented by certificates.
At a minimum, each share certificate must state the information required to be stated and must be signed as provided in
RCW 23B.06.250 and/or 23B.06.270 for corporations.
(2) Unless the articles of incorporation or bylaws provide
otherwise, the board of directors of a stock savings bank may
authorize the issue of some or all of the shares of any or all of
its classes or series without certificates. The authorization
does not affect shares already represented by certificates until
they are surrendered to the stock savings bank.
32.35.090
[Title 32 RCW—page 52]
32.35.900 Severability—1999 c 14. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1999 c 14 § 38.]
32.35.900
Chapter 32.40
Chapter 32.40 RCW
COMMUNITY CREDIT NEEDS
Sections
32.40.010
32.40.020
32.40.030
32.40.900
32.40.901
Examinations—Investigation and assessment of performance
record in meeting community credit needs.
Approval and disapproval of applications—Consideration of
performance record in meeting community credit needs.
Adoption of rules.
Severability—1985 c 329.
Effective date—1985 c 329.
32.40.010 Examinations—Investigation and assessment of performance record in meeting community credit
needs. (1) In conducting an examination of a savings bank
chartered under Title 32 RCW, the director shall investigate
and assess the record of performance of the savings bank in
meeting the credit needs of the savings bank’s entire community, including low and moderate-income neighborhoods.
The director shall accept, in lieu of an investigation or part of
an investigation required by this section, any report or document that the savings bank is required to prepare or file with
one or more federal agencies by the act of Congress entitled
the "Community Reinvestment Act of 1977" and the regulations promulgated in accordance with that act, to the extent
such reports or documents assist the director in making an
assessment based upon the factors outlined in subsection (2)
of this section.
(2) In making an investigation required under subsection
(1) of this section, the director shall consider, independent of
any federal determination, the following factors in assessing
the savings bank’s record of performance:
(a) Activities conducted by the institution to ascertain
credit needs of its community, including the extent of the
institution’s efforts to communicate with members of its
community regarding the credit services being provided by
the institution;
(b) The extent of the institution’s marketing and special
credit related programs to make members of the community
aware of the credit services offered by the institution;
(c) The extent of participation by the institution’s board
of directors or board of trustees in formulating the institution’s policies and reviewing its performance with respect to
the purposes of the Community Reinvestment Act of 1977;
(d) Any practices intended to discourage applications for
types of credit set forth in the institution’s community reinvestment act statement(s);
(e) The geographic distribution of the institution’s credit
extensions, credit applications, and credit denials;
32.40.010
(2008 Ed.)
Construction
(f) Evidence of prohibited discriminatory or other illegal
credit practices;
(g) The institution’s record of opening and closing
offices and providing services at offices;
(h) The institution’s participation, including investments, in local community development projects;
(i) The institution’s origination of residential mortgage
loans, housing rehabilitation loans, home improvement loans
and small business or small farm loans within its community,
or the purchase of such loans originated in its community;
(j) The institution’s participation in governmentally
insured, guaranteed, or subsidized loan programs for housing, small businesses, or small farms;
(k) The institution’s ability to meet various community
credit needs based on its financial condition, size, legal
impediments, local economic condition, and other factors;
(l) Other factors that, in the judgment of the director, reasonably bear upon the extent to which an institution is helping to meet the credit needs of its entire community.
(3) The director shall include as part of the examination
report, a summary of the results of the assessment required
under subsection (1) of this section and shall assign annually
to each savings bank a numerical community reinvestment
rating based on a one through five scoring system. Such
numerical scores shall represent performance assessments as
follows:
(a) Excellent performance:
(b) Good performance:
(c) Satisfactory performance:
(d) Inadequate performance:
(e) Poor performance:
1
2
3
4
5
32.98.060
32.40.901 Effective date—1985 c 329.
30.60.901.
32.40.901
Chapter 32.98
See RCW
Chapter 32.98 RCW
CONSTRUCTION
Sections
32.98.010
32.98.020
32.98.030
32.98.031
32.98.050
32.98.060
Continuation of existing law.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
Severability—1963 c 176.
Repeals and saving.
Emergency—1955 c 13.
32.98.010 Continuation of existing law. The provisions of this title insofar as they are substantially the same as
statutory provisions repealed by this chapter and relating to
the same subject matter, shall be construed as restatements
and continuations, and not as new enactments. [1955 c 13 §
32.98.010.]
32.98.010
32.98.020 Title, chapter, section headings not part of
law. Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of
the law. [1955 c 13 § 32.98.020.]
32.98.020
32.98.030 Invalidity of part of title not to affect
remainder. If any provision of this title, or its application to
any person or circumstance is held invalid, the remainder of
the title, or the application of the provision to other persons or
circumstances is not affected. [1955 c 13 § 32.98.030.]
32.98.030
32.98.031 Severability—1963 c 176. If any provision
of this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
[1963 c 176 § 20.]
32.98.031
[1994 c 92 § 410; 1985 c 329 § 8.]
Legislative intent—1985 c 329: See note following RCW 30.60.010.
32.40.020 Approval and disapproval of applications—Consideration of performance record in meeting
community credit needs. Whenever the director must
approve or disapprove of an application for a new branch or
satellite facility; for a purchase of assets, a merger, an acquisition or a conversion not required for solvency reasons; or
for authority to engage in a business activity, the director
shall consider, among other factors, the record of performance of the applicant in helping to meet the credit needs of
the applicant’s entire community, including low and moderate-income neighborhoods. Assessment of an applicant’s
record of performance may be the basis for denying an application. [1994 c 92 § 411; 1985 c 329 § 9.]
32.40.020
32.98.050 Repeals and saving.
32.98.050.
32.98.050
See 1955 c 13 §
32.98.060 Emergency—1955 c 13. This act is necessary for the immediate preservation of the public peace,
health and safety, the support of the state government and its
existing public institutions, and shall take effect immediately.
[1955 c 13 § 32.98.060.]
32.98.060
Legislative intent—1985 c 329: See note following RCW 30.60.010.
32.40.030 Adoption of rules. The director shall adopt
all rules necessary to implement RCW 32.40.010 and
32.40.020 by January 1, 1986. [1994 c 92 § 412; 1985 c 329
§ 10.]
32.40.030
Legislative intent—1985 c 329: See note following RCW 30.60.010.
32.40.900 Severability—1985 c 329.
30.60.900.
32.40.900
(2008 Ed.)
See RCW
[Title 32 RCW—page 53]
Title 33
SAVINGS AND LOAN ASSOCIATIONS
Title 33
Chapters
33.04
33.08
33.12
33.16
33.20
33.24
33.28
33.32
33.36
33.40
33.43
33.44
33.46
33.48
33.54
Chapter 33.04
General provisions.
Organization—Articles—Bylaws.
Powers and restrictions.
Directors, officers, and employees.
Members—Savings.
Loans and investments.
Fees and taxes.
Foreign associations.
Prohibited acts—Penalties.
Insolvency, liquidation, merger.
Conversion to and from federal association.
Conversion to mutual savings bank.
Conversion of savings bank or commercial
bank to association.
Stock associations.
Satellite facilities.
Sections
33.04.002
33.04.005
33.04.011
33.04.020
33.04.022
33.04.025
33.04.030
33.04.042
33.04.044
33.04.046
33.04.048
33.04.052
Age of majority: Chapter 26.28 RCW.
Assignment for benefit of creditors: Chapter 7.08 RCW.
Co-owners, simultaneous death: RCW 11.05A.040.
33.04.054
33.04.060
33.04.090
33.04.110
Corporate seals, effect of absence from instrument: RCW 64.04.105.
33.04.120
Bonds and notes of federal agencies as investment and collateral: Chapter
39.60 RCW.
Chapter 33.04 RCW
GENERAL PROVISIONS
Legislative declaration, intent—Purpose.
Definitions.
"Mortgage" includes deed of trust and real estate contract.
Director—Powers and duties.
Director—Powers under chapter 19.144 RCW.
Rules.
Compelling attendance of witnesses.
Cease and desist order—Notice of charges—Grounds—Hearing on—Issuance of order, when—Contents—Effective,
when.
Temporary cease and desist order—Issued, when—Effective,
when—Duration.
Temporary cease and desist order—Injunction against order
on application of association—Jurisdiction.
Temporary cease and desist order—Injunction to enforce—
Jurisdiction.
Cease and desist order—Administrative hearing—Procedure—Modification, termination, or setting aside of order—
Review of order, procedure—Manner of service of notice or
order.
Cease and desist order—Enforcement—Jurisdiction.
Appellate review.
Saturday closing authorized.
Examination reports and information—Confidential and privileged—Exceptions, limitations and procedure—Penalty.
Automated teller machines and night depositories security.
Corporation fees, in general: Chapter 23B.01 RCW.
Corporations: Titles 23B, 24 RCW.
Credit life insurance and credit accident and health insurance: Chapter
48.34 RCW.
Department of financial institutions: Chapter 43.320 RCW.
Fairness in lending act: RCW 30.04.500 through 30.04.515.
False representations: Chapter 9.38 RCW.
Home loan bank
as depositary: RCW 30.32.040.
may borrow from: RCW 30.32.030.
Indemnification of officers, directors, employees, etc., by corporation, insurance: RCW 23B.08.320, 23B.08.500 through 23B.08.580, 23B.08.600,
and 23B.17.030.
Interest and usury in general: Chapter 19.52 RCW.
Investment
in federal home loan bank stock or bonds authorized: RCW 30.32.020.
of county funds not required for immediate expenditures, service fee:
RCW 36.29.020.
of funds of school districts—Service fee: RCW 28A.320.320.
Married persons and domestic partners, rights, liabilities: Chapter 26.16
RCW.
Master license system exemption: RCW 19.02.800.
Mortgages: Title 61 RCW.
Powers of appointment: Chapter 11.95 RCW.
Real property and conveyances: Title 64 RCW.
Retail installment sales of goods and services: Chapter 63.14 RCW.
Safe deposit companies: Chapter 22.28 RCW.
Uniform unclaimed property act: Chapter 63.29 RCW.
Washington Principal and Income Act of 2002: Chapter 11.104A RCW.
(2008 Ed.)
33.04.002 Legislative declaration, intent—Purpose.
The legislature finds that the statutory law relating to savings
and loan associations has not been generally updated or modernized since 1945; and, as a result, many changes to Title 33
RCW should now be made with respect to the powers and
duties of the director; to the provisions relating to the organization, management and conversion of savings and loan associations; and to the powers and restrictions placed upon savings and loan associations to make investments. While it is
the intent of the legislature to grant permissive investment
powers to state-chartered savings and loan associations, it
does not intend these associations to abandon the residential
financing market in Washington. It, therefore, finds that the
powers granted in chapter 3, Laws of 1982 are for the purpose
of updating and modernizing the law relating to savings and
loan associations, thereby creating a more secure and responsive financial environment in which the residential home
buyer will continue to obtain financing. [1994 c 92 § 413;
1982 c 3 § 1.]
33.04.002
Severability—1982 c 3: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1982 c 3 § 118.]
33.04.005 Definitions. Unless the context requires otherwise, the definitions in this section apply throughout this
title.
(1) "Branch" means an established manned place of business or a manned mobile facility or other manned facility of
33.04.005
[Title 33 RCW—page 1]
33.04.011
Title 33 RCW: Savings and Loan Associations
an association, other than the principal office, at which
deposits may be taken.
(2) "Depositor" means a person who deposits money in
an association.
(3) "Domestic association" means a savings and loan
association which is incorporated under the laws of this state.
(4) "Federal association" means a savings and loan association which is incorporated under federal law.
(5) "Foreign association" means a savings and loan association organized under the laws of another state.
(6)(a) "Member," in a mutual association, means a
depositor or any other person who is a member of a class of
persons granted membership rights by the articles of incorporation or bylaws.
(b) "Member," in a stock association, means a stockholder or any other person who is a member of a class of persons granted membership rights by the articles of incorporation or bylaws.
(7) "Mutual association" means an association formed
without authority to issue stock.
(8) "Savings and loan association," "savings association"
or "association," unless otherwise restricted, means a domestic or foreign association and includes a stock or a mutual
association.
(9) "Stock association" means an association formed
with the authority to issue stock.
(10) "Department" means department of financial institutions.
(11) "Director" means director of financial institutions.
[1994 c 92 § 414; 1982 c 3 § 2.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.04.011 "Mortgage" includes deed of trust and real
estate contract. See RCW 33.24.005.
33.04.011
33.04.020 Director—Powers and duties. The director:
(1) Shall be charged with the administration and enforcement of this title and shall have and exercise all powers necessary or convenient thereunto;
(2) Shall issue to each association doing business hereunder, when it shall have paid its annual license fee and be
duly qualified otherwise, a certificate of authority authorizing
it to transact business;
(3) Shall require of each association an annual statement
and such other reports and statements as the director deems
desirable, on forms to be furnished by the director;
(4) Shall require each association to conduct its business
in compliance with the provisions of this title;
(5) Shall visit and examine into the affairs of every association, at least once in each biennium; may appraise and
revalue its investments and securities; and shall have full
access to all the books, records, papers, securities, correspondence, bank accounts, and other papers of such association
for such purposes. The director may accept in lieu of an
examination the report of the examining division of the federal home loan bank board, or the report of the savings and
loan department of another state, which has made and submitted a report of the condition of the affairs of the association, and if approved, the report shall have the same force and
33.04.020
[Title 33 RCW—page 2]
effect as though the examination were made by the director or
one of his or her appointees;
(6) May accept or exchange any information or reports
with the examining division of the federal home loan bank
board or other like agency which may insure the accounts in
an association or to which an association may belong or with
the savings and loan department of another state which has
authority to examine any association doing business in this
state;
(7) May visit and examine into the affairs of any nonpublicly-held corporation in which the association has a material
investment and any publicly-held corporation the capital
stock of which is controlled by the association; may appraise
and revalue its investments and securities; and shall have full
access to all the books, records, papers, securities, correspondence, bank accounts, and other papers of such corporation
for such purposes;
(8) May, in the director’s discretion, administer oaths to
and to examine any person under oath concerning the affairs
of any association or nonpublicly-held corporation in which
the association has a material investment and any publiclyheld corporation the capital stock of which is controlled by an
association and, in connection therewith, to issue subpoenas
and require the attendance and testimony of any person or
persons at any place within this state, and to require witnesses
to produce any books, papers, documents, or other things
under their control material to such examination; and
(9) Shall have power to commence and prosecute actions
and proceedings to enforce the provisions of this title, to
enjoin violations thereof, and to collect sums due to the state
of Washington from any association. [1994 c 92 § 416; 1982
c 3 § 4; 1979 c 113 § 1; 1973 c 130 § 22; 1945 c 235 § 95;
Rem. Supp. 1945 § 3717-214. Prior: 1933 c 183 §§ 79, 94,
95; 1919 c 169 § 12; 1913 c 110 § 19; 1890 p 56 § 19.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1979 c 113: "If any provision of this 1979 act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 c 113 § 17.]
Severability—1973 c 130: See note following RCW 33.24.350.
33.04.022 Director—Powers under chapter 19.144
RCW. The director or the director’s designee may take such
action as provided for in this title to enforce, investigate, or
examine persons covered by chapter 19.144 RCW. [2008 c
108 § 19.]
33.04.022
Findings—2008 c 108: See RCW 19.144.005.
33.04.025 Rules. The director shall adopt uniform rules
in accordance with the administrative procedure act, chapter
34.05 RCW, to govern examinations and reports of associations and the form in which they shall report their assets, liabilities, and reserves, charge off bad debts and otherwise keep
their records and accounts, and otherwise to govern the
administration of this title. The director shall mail a copy of
the rules to each savings and loan association at its principal
place of business. The person doing the mailing shall make
and file his or her affidavit thereof in the office of the director. [1994 c 92 § 417; 1982 c 3 § 5; 1973 c 130 § 20.]
33.04.025
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
(2008 Ed.)
General Provisions
33.04.030 Compelling attendance of witnesses. In
event any person shall refuse to appear in compliance with
any subpoena issued by the director or shall refuse to testify
thereunder, the superior court of the state of Washington for
the county in which such witness was required by said subpoena to appear, upon application of the director, shall have
jurisdiction to compel such witness to attend and testify and
to punish for contempt any witness not complying with the
order of the court. [1994 c 92 § 418; 1945 c 235 § 96; Rem.
Supp. 1945 § 3717-215. Prior: 1933 c 183 §§ 94, 95; 1919 c
169 § 12; 1913 c 110 § 19.]
33.04.030
33.04.042 Cease and desist order—Notice of
charges—Grounds—Hearing on—Issuance of order,
when—Contents—Effective, when. (1) The director may
issue and serve upon an association a notice of charges if in
the opinion of the director the association:
(a) Is engaging or has engaged in an unsafe or unsound
practice in conducting the business of the association;
(b) Is violating or has violated a material provision of
any law, rule, or any condition imposed in writing by the
director in connection with the granting of any application or
other request by the association or any written agreement
made with the director; or
(c) Is about to do the acts prohibited in (a) or (b) of this
subsection if the opinion that the threat exists is based upon
reasonable cause.
(2) The notice shall contain a statement of the facts constituting the alleged violation or violations or the practice or
practices and shall fix a time and place at which a hearing will
be held to determine whether an order to cease and desist
should issue against the association. The hearing shall be set
not earlier than ten days nor later than thirty days after service
of the notice unless a later date is set by the director at the
request of the association.
Unless the association appears at the hearing by a duly
authorized representative, it shall be deemed to have consented to the issuance of the cease and desist order. In the
event of this consent or if upon the record made at the hearing
the director finds that any violation or practice specified in
the notice of charges has been established, the director may
issue and serve upon the association an order to cease and
desist from the violation or practice. The order may require
the association and its directors, officers, employees, and
agents to cease and desist from the violation or practice and
may require the association to take affirmative action to correct the conditions resulting from the violation or practice.
(3) A cease and desist order shall become effective at the
expiration of ten days after the service of the order upon the
association concerned except that a cease and desist order
issued upon consent shall become effective at the time specified in the order and shall remain effective as provided
therein unless it is stayed, modified, terminated, or set aside
by action of the director or a reviewing court. [1994 c 92 §
419; 1982 c 3 § 7.]
33.04.052
tial dissipation of assets or earnings of the association or to
otherwise seriously prejudice the interests of its depositors,
the director may also issue a temporary order requiring the
association to cease and desist from the violation or practice.
The order shall become effective upon service on the association and shall remain effective unless set aside, limited, or
suspended by a court in proceedings under RCW 33.04.046
pending the completion of the administrative proceedings
under the notice and until such time as the director shall dismiss the charges specified in the notice or until the effective
date of a cease and desist order issued against the association
under RCW 33.04.042. [1994 c 92 § 420; 1982 c 3 § 8.]
33.04.042
Severability—1982 c 3: See note following RCW 33.04.002.
33.04.044 Temporary cease and desist order—
Issued, when—Effective, when—Duration. Whenever the
director determines that the acts specified in RCW 33.04.042
or their continuation is likely to cause insolvency or substan33.04.044
(2008 Ed.)
Severability—1982 c 3: See note following RCW 33.04.002.
33.04.046 Temporary cease and desist order—
Injunction against order on application of association—
Jurisdiction. Within ten days after an association has been
served with a temporary cease and desist order, the association may apply to the superior court in the county of its principal place of business for an injunction setting aside, limiting, or suspending the order pending the completion of the
administrative proceedings pursuant to the notice served
under RCW 33.04.044.
The superior court shall have jurisdiction to issue the
injunction. [1982 c 3 § 9.]
33.04.046
Severability—1982 c 3: See note following RCW 33.04.002.
33.04.048 Temporary cease and desist order—
Injunction to enforce—Jurisdiction. In the case of a violation or threatened violation of a temporary cease and desist
order issued under RCW 33.04.044, the director may apply to
the superior court of the county of the principal place of business of the association for an injunction to enforce the order,
and the court shall issue an injunction if it determines that
there has been a violation or threatened violation. [1994 c 92
§ 421; 1982 c 3 § 10.]
33.04.048
Severability—1982 c 3: See note following RCW 33.04.002.
33.04.052 Cease and desist order—Administrative
hearing—Procedure—Modification, termination, or setting aside of order—Review of order, procedure—Manner of service of notice or order. (1) Any administrative
hearing provided in RCW 33.04.042 may be held at such
place as is designated by the director and shall be conducted
in accordance with chapter 34.05 RCW. The hearing shall be
private unless the director determines that a public hearing is
necessary to protect the public interest after fully considering
the views of the party afforded the hearing.
Within sixty days after the hearing, the director shall render a decision which shall include findings of fact upon
which the decision is based and the director shall issue and
serve upon each party to the proceeding an order or orders
consistent with RCW 33.04.042.
Unless a petition for review is timely filed in the superior
court of the county of the principal place of business of the
affected association under subsection (2) of this section and
until the record in the proceeding has been filed as therein
provided, the director may at any time modify, terminate, or
set aside any order upon such notice and in such manner as
the director deems proper. Upon filing the record, the director
33.04.052
[Title 33 RCW—page 3]
33.04.054
Title 33 RCW: Savings and Loan Associations
may modify, terminate, or set aside any order only with permission of the court.
The judicial review provided in this section for an order
shall be exclusive.
(2) Any party to the proceeding or any person required
by an order issued under RCW 33.04.042, 33.04.044 or
33.04.048 to refrain from any of the violations or practices
stated therein may obtain a review of any order served under
subsection (1) of this section other than one issued upon consent by filing in the superior court of the county of the principal place of business of the affected association within ten
days after the date of service of the order a written petition
praying that the order of the director be modified, terminated,
or set aside. A copy of the petition shall be immediately
served upon the director and the director shall then file in the
court the record of the proceeding. The court shall have jurisdiction upon the filing of the petition, which jurisdiction shall
become exclusive upon the filing of the record to affirm,
modify, terminate, or set aside in whole or in part the order of
the director except that the director may modify, terminate, or
set aside an order with the permission of the court. The judgment and decree of the court shall be final, except that it is
subject to appellate review under the rules of court.
(3) The commencement of proceedings for judicial
review under subsection (2) of this section shall not operate
as a stay of any order issued by the director unless specifically ordered by the court.
(4) Service of any notice or order required to be served
under RCW 33.04.042 or 33.04.044 shall be accomplished in
the same manner as required for the service of process in civil
actions in superior courts of this state. [1994 c 92 § 422; 1982
c 3 § 11.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.04.054 Cease and desist order—Enforcement—
Jurisdiction. The director may apply to the superior court of
the county of the principal place of business of the association affected for the enforcement of any effective and outstanding order issued under RCW 33.04.042, 33.04.044, or
33.04.048, and the court shall have jurisdiction to order compliance therewith.
No court shall have jurisdiction to affect by injunction or
otherwise the issuance or enforcement of any order or to
review, modify, suspend, terminate, or set aside any order
except as provided in RCW 33.04.046 and 33.04.052. [1994
c 92 § 423; 1982 c 3 § 12.]
33.04.054
Severability—1982 c 3: See note following RCW 33.04.002.
33.04.060 Appellate review. An association may petition the superior court of the state of Washington for Thurston county for the review of any decision, ruling, requirement or other action or determination of the director, by filing
its complaint, duly verified, with the clerk of the court and
serving a copy thereof upon the director. Upon the filing of
the complaint, the clerk of the court shall docket the same as
a cause pending therein.
The director may answer the complaint and the petitioner
reply thereto, and the cause shall be heard before the court as
in other civil actions. Both the petitioner and the director may
seek appellate review of the decision of the court to the
33.04.060
[Title 33 RCW—page 4]
supreme court or the court of appeals of the state of Washington. [1994 c 92 § 424; 1988 c 202 § 32; 1971 c 81 § 84; 1945
c 235 § 115; Rem. Supp. 1945 § 3717-234. Prior: 1933 c 183
§ 95.]
Severability—1988 c 202: See note following RCW 2.24.050.
33.04.090 Saturday closing authorized.
30.04.330.
33.04.090
See RCW
33.04.110 Examination reports and information—
Confidential and privileged—Exceptions, limitations and
procedure—Penalty. (1) Except as otherwise provided in
this section, all examination reports and all information
obtained by the director and the director’s staff in conducting
examinations of associations are confidential and privileged
information and shall not be made public or otherwise disclosed to any person, firm, corporation, agency, association,
governmental body, or other entity.
(2) Subsection (1) of this section notwithstanding, the
director may furnish in whole or in part examination reports
prepared by the director’s office to federal agencies empowered to examine state associations, to savings and loan supervisory agencies of other states which have authority to examine associations doing business in this state, to the attorney
general in his or her role as legal advisor to the director, to the
examined association as provided in subsection (4) of this
section, and to officials empowered to investigate criminal
charges. If the director furnishes any examination report to
officials empowered to investigate criminal charges, the
director may only furnish that part of the report which is necessary and pertinent to the investigation, and the director may
do this only after notifying the affected savings and loan
association and any customer of the savings and loan association who is named in that part of the report of the order to
furnish the part of the examination report unless the officials
requesting the report first obtain a waiver of the notice
requirement from a court of competent jurisdiction for good
cause. The director may also furnish in whole or in part
examination reports concerning any association in danger of
insolvency to the directors or officers of a potential acquiring
party when, in the director’s opinion, it is necessary to do so
in order to protect the interests of members, depositors, or
borrowers of the examined association.
(3) All examination reports furnished under subsection
(2) of this section shall remain the property of the department
of financial institutions and, except as provided in subsection
(4) of this section, no person, agency, or authority to whom
reports are furnished or any officer, director, or employee
thereof shall disclose or make public any of the reports or any
information contained therein except in published statistical
material that does not disclose the affairs of any individual or
corporation: PROVIDED, That nothing herein shall prevent
the use in a criminal prosecution of reports furnished under
subsection (2) of this section.
(4) The examination report made by the department of
financial institutions is designed for use in the supervision of
the association, and the director may furnish a copy of the
report to the savings and loan association examined. The
report shall remain the property of the director and will be
furnished to the association solely for its confidential use.
33.04.110
(2008 Ed.)
Organization—Articles—Bylaws
Neither the association nor any of its directors, officers, or
employees may disclose or make public in any manner the
report or any portion thereof without permission of the board
of directors of the examined association. The permission
shall be entered in the minutes of the board.
(5) Examination reports and information obtained by the
director and the director’s staff in conducting examinations
shall not be subject to public disclosure under chapter 42.56
RCW.
(6) In any civil action in which the reports are sought to
be discovered or used as evidence, any party may, upon
notice to the director, petition the court for an in camera
review of the report. The court may permit discovery and
introduction of only those portions of the report which are
relevant and otherwise unobtainable by the requesting party.
This subsection shall not apply to an action brought or
defended by the director.
(7) This section shall not apply to investigation reports
prepared by the director and the director’s staff concerning an
application for a new association or an application for a
branch of an association. The director may adopt rules making confidential portions of such reports if in the director’s
opinion the public disclosure of the portions of the report
would impair the ability to obtain the information which the
director considers necessary to fully evaluate the application.
(8) Every person who intentionally violates any provision of this section is guilty of a gross misdemeanor. [2005 c
274 § 261; 1994 c 92 § 425; 1982 c 3 § 6; 1977 ex.s. c 245 §
3.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1977 ex.s. c 245: See note following RCW 30.04.075.
Examination reports and information from financial institutions exempt:
RCW 42.56.400.
33.04.120 Automated teller machines and night
depositories security. Chapter 19.174 RCW applies to automated teller machines and night depositories regulated under
this title. [1993 c 324 § 13.]
33.04.120
Effective date—1993 c 324: See RCW 19.174.900.
Chapter 33.08
Chapter 33.08 RCW
ORGANIZATION—ARTICLES—BYLAWS
Sections
33.08.010
33.08.020
33.08.030
33.08.040
33.08.050
33.08.055
33.08.060
33.08.070
33.08.080
33.08.090
33.08.100
33.08.110
(2008 Ed.)
Compliance required—Use of words in name or advertising—
Penalty—Saving.
Who may form association.
Domestic association as stock or mutual association—Articles
of incorporation.
Bylaws.
Articles and bylaws to director.
Certificate of incorporation—Application, contents—Filing
fee.
Investigation—Fee.
Approval or refusal—Appellate review.
Articles and bylaws filed—Certificate of incorporation
issued—Revocation of right to engage in business, when.
Amendment of articles.
Amendment of bylaws.
Branch association—Authorized—Procedure—Limitations—
Discontinuance of branch, procedure.
33.08.030
33.08.010 Compliance required—Use of words in
name or advertising—Penalty—Saving. No person, firm,
company, association, fiduciary, co-partnership, or corporation, either foreign or domestic, shall organize as, carry on or
conduct the business of an association except in conformity
with the terms and provisions of this title or unless incorporated as a savings and loan association under the laws of the
United States or use in name or advertising any of the following:
Any collocation employing either or both of the words
"building" or "loan" with one or more of the words "saving",
"savings", "thrift", or words of similar import except in conformity with this title;
Any collocation employing one or more of the words
"saving", "savings", "thrift" or words of similar import, with
one or more of the words "association", "institution", "society", "company", "corporation", or words of similar import,
or abbreviations thereof except in conformity with this title or
unless authorized to do business under the laws of this state
or of the United States relating to savings and loan associations, banks, or mutual savings banks; nor shall the word
"federal" be used as a part of such name unless the user is
incorporated as a savings and loan association under the laws
of the United States.
Neither shall the words "saving", or "savings", be used in
any name or advertising or to represent in any manner to indicate that the business is of the character or kind of business
carried on or transacted by an association or which is calculated to lead any person to believe that the business is that of
an association unless authorized to do business under the
laws of this state or of the United States relating to savings
and loan associations, banks, or mutual savings banks.
Every person who, and every director and officer of
every corporation which, to the knowledge of such director or
officer, violates any provision of this section, shall be guilty
of a gross misdemeanor. Such conduct shall also be deemed a
nuisance and subject to abatement in the manner prescribed
by law at the instance of the director of financial institutions
or any other public body or officer authorized to do so.
The provisions of this section shall have no application
to use of any word or collocation of words or to any representation or advertising which had been adopted and lawfully
used by any person, firm, company, association, fiduciary,
co-partnership or corporation lawfully engaged in business
on March 24, 1959. [1994 c 92 § 426; 1959 c 280 § 1; 1945
c 235 § 2; Rem. Supp. 1945 § 3717-121. Prior: 1933 c 183 §§
84, 100; 1919 c 169 § 1; 1913 c 110 §§ 2, 25; 1890 p 56 §§ 2,
22, 37.]
33.08.010
33.08.020 Who may form association. Any individuals desiring to transact a business of an association may, by
complying with this chapter, become a body corporate for
that purpose. [1982 c 3 § 13; 1945 c 235 § 3; Rem. Supp.
1945 § 3717-122. Prior: 1933 c 183 § 3; 1925 ex.s. c 144 §
1; 1913 c 110 § 1; 1903 c 116 § 1; 1890 p 56 § 1.]
33.08.020
Severability—1982 c 3: See note following RCW 33.04.002.
33.08.030 Domestic association as stock or mutual
association—Articles of incorporation. A domestic association shall be incorporated either as a stock or a mutual association. The articles of incorporation shall specifically state:
33.08.030
[Title 33 RCW—page 5]
33.08.040
Title 33 RCW: Savings and Loan Associations
(1) The name of the association, which shall include the
words:
(a) "Savings association";
(b) "Savings and loan association"; or
(c) "Savings bank";
(2) The city or town and county in which it is to have its
principal place of business;
(3) The name, occupation, and place of residence of all
incorporators, the majority of whom shall be Washington residents;
(4) Its purposes;
(5) Its duration, which may be for a stated number of
years or perpetual;
(6) The amount of paid-in savings with which the association will commence business;
(7) The names, occupations, and addresses of the first
directors;
(8) Whether the association is organized as a stock or
mutual association and who has membership rights and the
relative rights of different classes of members of the association; and
(9) Any provision the incorporators elect to so set forth
which is permitted by RCW 23B.17.030.
The articles of incorporation may contain any other provisions consistent with the laws of this state and the provisions of this title pertaining to the association’s business or
the conduct of its affairs. [1994 c 256 § 117; 1983 c 42 § 1;
1982 c 3 § 14; 1949 c 20 § 1; 1945 c 235 § 4; Rem. Supp.
1949 § 3717-123. Prior: 1933 c 183 § 4; 1925 ex.s. c 144 §
1; 1919 c 169 § 5; 1913 c 110 §§ 1, 6; 1903 c 116 § 1; 1890 p
56 § 1.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1982 c 3: See note following RCW 33.04.002.
33.08.040 Bylaws. The incorporators shall prepare
bylaws for the government of the association, which shall
include:
(1) The offices of the association and the respective
duties assigned to them;
(2) Policies and procedures for the conduct of the business of the association;
(3) Any other matters deemed necessary or expedient.
Such bylaws must conform in all respects to the provisions of this title and the laws of this state. [1982 c 3 § 15;
1945 c 235 § 5; Rem. Supp. 1945 § 3717-124. Prior: 1933 c
183 § 5; 1919 c 169 § 1; 1913 c 110 § 2; 1890 p 56 § 3.]
33.08.040
Severability—1982 c 3: See note following RCW 33.04.002.
33.08.050 Articles and bylaws to director. The incorporators shall deliver to the director triplicate originals of the
articles of incorporation and duplicate copies of its proposed
bylaws. [1994 c 92 § 427; 1982 c 3 § 16; 1981 c 302 § 30;
1945 c 235 § 6; Rem. Supp. 1945 § 3717-125. Prior: 1933 c
183 § 6; 1890 p 56 § 3.]
33.08.050
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1981 c 302: See note following RCW 19.76.100.
33.08.055 Certificate of incorporation—Application,
contents—Filing fee. When the incorporators of a domestic
association deliver the articles of incorporation and bylaws to
33.08.055
[Title 33 RCW—page 6]
the director, the incorporators shall submit an application for
a certificate of incorporation, signed and verified by the
incorporators, together with the filing fee. The application
shall set forth:
(1) The names and addresses of the incorporators and
proposed directors and officers of the association;
(2) A statement of the character, financial responsibility,
experience, and fitness of the directors and officers to engage
in the association business;
(3) Statements of estimated receipts, expenditures, earnings, and financial condition of the association for the first
two years or such longer period as the director may require;
(4) A showing that the association will have a reasonable
chance to succeed in the market area in which it proposes to
operate;
(5) A showing that the public convenience and advantage will be promoted by the formation of the proposed association; and
(6) Any other matters the director may require. [1994 c
92 § 428; 1982 c 3 § 17.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.08.060 Investigation—Fee. Upon receipt of the
articles of incorporation and bylaws, the director shall proceed to determine, from all sources of information and by
such investigation as he or she may deem necessary, whether:
(1) The proposed articles and bylaws comply with all
requirements of law;
(2) The incorporators and directors possess the qualifications required by this title;
(3) The incorporators have available for the operation of
the business at the specified location sufficient cash assets;
(4) The general fitness of the persons named in the articles of incorporation are such as to command confidence and
warrant belief that the business of the proposed association
will be honestly and efficiently conducted in accordance with
the intent and purposes of this title;
(5) The public convenience and advantage will be promoted by allowing such association to be incorporated and
engage in business in the market area indicated; and
(6) The population and industry of the market area afford
reasonable promise of adequate support for the proposed
association.
For the purpose of this investigation and determination,
the incorporators, when delivering the articles and bylaws to
the director, shall pay to the director an investigation fee, the
amount of which shall be established by rule of the director.
[1994 c 92 § 429; 1982 c 3 § 18; 1969 c 107 § 1; 1963 c 246
§ 1; 1945 c 235 § 7; Rem. Supp. 1945 § 3717-126. Prior:
1933 c 183 § 6; 1925 ex.s. c 144 § 2; 1919 c 169 § 2; 1913 c
110 § 3; 1890 p 56 § 3.]
33.08.060
Severability—1982 c 3: See note following RCW 33.04.002.
33.08.070 Approval or refusal—Appellate review.
The director, not later than six months after receipt of the proposed articles and bylaws shall endorse upon each copy
thereof the word "approved" or "refused" and the date
thereof. In case of refusal, he or she shall forthwith return one
copy of the articles and bylaws to the incorporators, and the
refusal shall be final unless the incorporators, or a majority of
33.08.070
(2008 Ed.)
Organization—Articles—Bylaws
them, within thirty days after the refusal, appeal to the superior court of Thurston county. The appeal may be accomplished by the incorporators preparing a notice of appeal,
serving a copy of it upon the director, and filing the notice
with the clerk of the court, whereupon the clerk, under the
direction of the judge, shall give notice to the appellants and
to the director of a date for the hearing of the appeal. The
appeal shall be tried de novo by the court. At the hearing a
record shall be kept of the evidence adduced, and the decision
of the court shall be final unless appellate review is sought as
in other cases. [1994 c 92 § 430; 1988 c 202 § 33; 1971 c 81
§ 85; 1953 c 71 § 1; 1945 c 235 § 8; Rem. Supp. 1945 § 3717127. Prior: 1933 c 183 § 7; 1925 ex.s. c 144 § 2; 1919 c 169
§ 2; 1913 c 110 § 3; 1890 p 56 § 3.]
Severability—1988 c 202: See note following RCW 2.24.050.
33.08.080 Articles and bylaws filed—Certificate of
incorporation issued—Revocation of right to engage in
business, when. If the director approves the incorporation of
the proposed association, the director shall forthwith return
two copies of the articles of incorporation and one copy of the
bylaws to the incorporators, retaining the others as a part of
the files of the director’s office. The incorporators, thereupon, shall file one set of the articles with the secretary of
state and retain the other set of the articles of incorporation
and the bylaws as a part of its minute records, paying to the
secretary of state such fees and charges as are required by
law. Upon receiving an original set of the approved articles of
incorporation, duly endorsed by the director as herein provided, together with the required fees, the secretary of state
shall issue the secretary of state’s certificate of incorporation
and deliver the same to the incorporators, whereupon the corporate existence of the association shall begin. Unless an
association whose articles of incorporation and bylaws have
been approved by the director shall engage in business within
two years from the date of such approval, its right to engage
in business shall be deemed revoked and of no effect. In the
director’s discretion, the two-year period in which the association must commence business may be extended for a reasonable period of time, which shall not exceed one additional
year. [1994 c 92 § 431; 1982 c 3 § 19; 1981 c 302 § 31; 1945
c 235 § 9; Rem. Supp. 1945 § 3717-128. Prior: 1933 c 183 §
8; 1925 ex.s. c 144 § 2; 1919 c 169 § 2; 1913 c 110 § 3; 1890
p 56 § 1.]
33.08.080
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1981 c 302: See note following RCW 19.76.100.
33.08.090 Amendment of articles. The members, at
any meeting called for the purpose, may amend the articles of
incorporation of the association by a majority vote of the
members present, in person or in proxy. The amended articles
shall be filed with the director and be subject to the same procedure of approval, refusal, appeal, and filing with the secretary of state as provided for the original articles of incorporation. Proposed amendments of the articles of incorporation
shall be submitted to the director at least thirty days prior to
the meeting of the members.
If the amendments include a change in the association’s
corporate name, the association shall give notice by mail to
each association doing business within this state at its princi33.08.090
(2008 Ed.)
33.08.110
pal place of business of the filing of the amended articles.
Persons interested in protesting an amendment changing the
association’s corporate name may contact the director in person or by writing prior to a date which shall be given in the
notice. [1994 c 92 § 432; 1982 c 3 § 20; 1981 c 302 § 32;
1979 c 113 § 2; 1945 c 235 § 10; Rem. Supp. 1945 § 3717129. Prior: 1933 c 183 §§ 9, 10; 1925 ex.s. c 144 § 1; 1913 c
110 § 1; 1903 c 116 § 1; 1890 p 56 §§ 16, 17.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1981 c 302: See note following RCW 19.76.100.
Severability—1979 c 113: See note following RCW 33.04.020.
33.08.100 Amendment of bylaws. The bylaws adopted
by the incorporators and approved by the director shall be the
bylaws of the association. The members, at any meeting
called for the purpose, may amend the bylaws of the association on a majority vote of the members present, in person or
by proxy, or the directors at any regular or special meeting
called under the provisions of RCW 33.16.090 may amend
the bylaws of the association on a two-thirds majority vote of
the directors. Amendments of the bylaws shall become effective after being adopted by the board or the members. [1994
c 256 § 118; 1994 c 92 § 433; 1967 c 49 § 1; 1945 c 235 § 11;
Rem. Supp. 1945 § 3717-130. Prior: 1933 c 183 §§ 9, 10;
1890 p 56 § 3.]
33.08.100
Reviser’s note: This section was amended by 1994 c 92 § 433 and by
1994 c 256 § 118, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
33.08.110 Branch association—Authorized—Procedure—Limitations—Discontinuance of branch, procedure. An association with the written approval of the director, may establish and operate branches in any place within
the state.
An association desiring to establish a branch shall file a
written application therefor with the director, who shall
approve or disapprove the application within four months
after receipt.
The director’s approval shall be conditioned on a finding
that the resources in the market area of the proposed location
offer a reasonable promise of adequate support for the proposed branch and that the proposed branch is not being
formed for other than the legitimate purposes under this title.
A branch shall not be established or permitted if the contingent fund, loss reserves and guaranty stock are less than the
aggregate paid-in capital which would be required by law as
a prerequisite to the establishment and operation of an equal
number of branches in like locations by a commercial bank.
If the application for a branch is not approved, the association
shall have the right to appeal in the same manner and within
the same time as provided by RCW 33.08.070 as now or
hereafter amended. The association when delivering the
application to the director shall transmit to the director a
check in an amount established by rule to cover the expense
of the investigation. An association shall not move any office
more than two miles from its existing location without prior
approval of the director.
The board of directors of an association, after notice to
the director, may discontinue the operation of a branch. The
33.08.110
[Title 33 RCW—page 7]
Chapter 33.12
Title 33 RCW: Savings and Loan Associations
association shall keep the director informed in the matter and
shall notify the director of the date operation of the branch is
discontinued. [1994 c 92 § 434; 1982 c 3 § 21; 1974 ex.s. c
98 § 1; 1969 c 107 § 2; 1959 c 280 § 7.]
Severability—1982 c 3: See note following RCW 33.04.002.
Chapter 33.12
Chapter 33.12 RCW
POWERS AND RESTRICTIONS
Sections
33.12.010
33.12.012
33.12.014
33.12.015
33.12.060
33.12.140
33.12.150
33.12.170
33.12.180
Powers in general.
Powers conferred upon federal savings and loan association as
of December 31, 1993.
Powers conferred upon federal savings and loan association—
Reserve or other requirements—Authority of director to
adopt by rule—Conditions.
Safe deposit companies.
Dealings with directors, officers, agents, employees prohibited—Exception.
Expense and contingent funds.
Contingent fund as reserve—Members’ rights to fund limited.
May borrow from home loan bank.
Trustee of retirement plan established under federal act entitled "Self-Employed Individuals Tax Retirement Act of
1962."
33.12.010 Powers in general. An association shall
have the same capacity to act as possessed by natural persons.
An association has authority to perform such acts as are necessary or proper to accomplish its purposes.
In addition to any other power an association may have,
an association has authority:
(1) To have and alter a corporate seal;
(2) To continue as an association for the time limited in
its articles of incorporation or, if no such time limit is specified, then perpetually;
(3) To sue or be sued in its corporate name;
(4) To acquire, hold, sell, dispose of, pledge, mortgage,
or encumber property, as its interests and purposes may
require;
(5) To conduct business in this state and elsewhere as
may be permitted by law and, to this end, to comply with any
law, regulation, or other requirements incident thereto;
(6) To acquire capital in the form of deposits, shares, or
other accounts for fixed, minimum or indefinite periods of
time as are authorized by its bylaws, and may issue such passbooks, statements, time certificates of deposit, or other evidence of accounts;
(7) To pay interest;
(8) To charge reasonable service fees for services provided as part of its business;
(9) To borrow money and to pledge, mortgage, or
hypothecate its properties and securities in connection therewith;
(10) To collect or protest promissory notes or bills of
exchange owned or held as collateral by the association;
(11) To let vaults, safes, boxes, or other receptacles for
the safekeeping or storage of personal property, subject to the
laws and regulations applicable to and with the powers possessed by safe deposit companies; and to act as escrow
holder;
(12) To act as fiscal agent for the United States of America; to purchase, own, vote, or sell stock in, or act as fiscal
agent for any federal home loan bank, the federal housing
33.12.010
[Title 33 RCW—page 8]
administration, home owners’ loan corporation, or other state
or federal agency, organized under the authority of the United
States or of the state of Washington and authorized to loan to
or act as fiscal agent for associations or to insure savings
accounts or mortgages; and in the exercise of these powers, to
comply with any requirements of law or rules or orders promulgated by such federal or state agency and to execute any
contracts and pay any charges in connection therewith;
(13) To procure insurance of its mortgages and of its
accounts from any state or federal corporation or agency
authorized to write such insurance and, in the exercise of
these powers, to comply with any requirements of law or
rules or orders promulgated and to execute any contracts and
pay any premiums required in connection therewith;
(14) To loan money and to sell any of its notes or other
evidences of indebtedness, together with the collateral securing the same;
(15) To make, adopt, and amend bylaws for the management of its property and the conduct of its business;
(16) To deposit moneys and securities in any other association or any bank or savings bank or other like depository;
(17) To dissolve and wind up its business;
(18) To collect or compromise debts due to it and, in so
doing, to apply to the indebtedness the accounts of the debtors, and to receive, as collateral or otherwise, other securities,
property or property rights of any kind or nature;
(19) To become a member of, deal with, or make reasonable payments or contribution to any organization to the
extent that such organization assists in furthering or facilitating the association’s purposes, powers or community responsibilities, and to comply with any reasonable conditions of
eligibility;
(20) To sell money orders, travelers checks and similar
instruments as agent for any organization empowered to sell
such instruments through agents within this state and to
receive money for transmission through a federal home loan
bank;
(21) To service loans and investments for others;
(22) To sell and to purchase mortgages or other loans,
including participating interests therein;
(23) To use abbreviations, words or symbols in connection with any document of any nature and on checks, proxies,
notices and other instruments which abbreviations, words, or
symbols shall have the same force and legal effect as though
the respective words and phrases for which they stand were
set forth in full for the purposes of all statutes of the state and
all other purposes;
(24) To conduct a trust business under rules adopted by
the director pursuant to chapter 34.05 RCW; and
(25) To exercise, by and through its board of directors
and duly authorized officers and agents, all such incidental
powers as may be necessary to carry on the business of the
association.
The powers granted in this section shall not be construed
as limiting or enlarging any grant of authority made elsewhere by this title. [1994 c 92 § 435; 1982 c 3 § 22; 1969 c
107 § 3; 1963 c 246 § 2; 1945 c 235 § 29; Rem. Supp. 1945 §
3717-148. Prior: 1939 c 98 §§ 6, 7; 1935 c 171 § 1; 1933 c
183 §§ 47, 48, 55, 59.]
Severability—1982 c 3: See note following RCW 33.04.002.
(2008 Ed.)
Powers and Restrictions
33.12.012 Powers conferred upon federal savings
and loan association as of December 31, 1993. Notwithstanding any other provision of law, in addition to all powers
and authorities, express or implied, that an association has
under this title, an association may exercise any of the powers
or authorities conferred as of December 31, 1993, upon a federal savings and loan association doing business in this state.
As used in this section, "powers and authorities" include
without limitation powers and authorities in corporate governance matters.
The restrictions, limitations and requirements applicable
to specific powers or authorities of federal savings and loan
associations shall apply to associations exercising those powers or authorities permitted under this section but only insofar
as the restrictions, limitations, and requirements relate to
exercising the powers or authorities granted associations
solely by this section. [1994 c 256 § 119; 1982 c 3 § 23; 1981
c 87 § 1.]
33.12.012
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1982 c 3: See note following RCW 33.04.002.
33.12.014 Powers conferred upon federal savings
and loan association—Reserve or other requirements—
Authority of director to adopt by rule—Conditions. Notwithstanding any other provision of law, in addition to all
powers and authorities, express or implied, that an association has under this title, the director may make reasonable
rules authorizing an association to exercise any of the powers
and authorities conferred at the time of the adoption of the
rules upon a federal savings and loan association doing business in this state, or may modify or reduce reserve or other
requirements if an association is insured by the federal savings and loan insurance corporation, if the director finds that
the exercise of the power or authorities:
(1) Serves the convenience and advantage of depositors
and borrowers; and
(2) Maintains the fairness of competition and parity
between state-chartered savings and loan associations and
federally-chartered savings and loan associations.
As used in this section, "powers and authorities" include
without limitation powers and authorities in corporate governance matters.
The restrictions, limitations and requirements applicable
to specific powers or authorities of federal savings and loan
associations shall apply to associations exercising those powers or authorities permitted under this section but only insofar
as the restrictions, limitations, and requirements relate to
exercising the powers or authorities granted associations
solely by this section. [1994 c 256 § 120; 1994 c 92 § 436;
1982 c 3 § 24; 1981 c 87 § 2.]
33.12.014
Reviser’s note: This section was amended by 1994 c 92 § 436 and by
1994 c 256 § 120, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1982 c 3: See note following RCW 33.04.002.
33.12.015 Safe deposit companies. See chapter 22.28
RCW.
33.12.015
(2008 Ed.)
33.12.140
33.12.060 Dealings with directors, officers, agents,
employees prohibited—Exception. An association shall
make no loan to or sell to or purchase any real property or
securities from any director, officer, agent, or employee of an
association except to the extent permitted to or from a director, officer, agent, or employee of a federal savings association. [1994 c 256 § 121; 1994 c 92 § 437; 1985 c 239 § 1;
1982 c 3 § 25; 1979 c 113 § 3; 1953 c 71 § 2; 1947 c 257 § 3;
1945 c 235 § 35; Rem. Supp. 1947 § 3717-154. Prior: 1939
c 98 § 10; 1933 c 183 §§ 51, 53.]
33.12.060
Reviser’s note: This section was amended by 1994 c 92 § 437 and by
1994 c 256 § 121, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1979 c 113: See note following RCW 33.04.020.
33.12.140 Expense and contingent funds. Before any
association is authorized to receive deposits or transact any
business, its incorporators shall create an expense fund, in
such amount as the director may determine, from which the
expense of organizing the association and its operating
expenses may be paid until such time as its earnings are sufficient to pay its operating expenses, and the incorporators
shall enter into an undertaking with the director to make such
further contributions to the expense fund as may be necessary
to pay its operating expenses until such time as it can pay
them from its earnings.
Before any mutual association is authorized to receive
deposits or transact any business, its incorporators shall create a contingent fund for the protection of its members
against investment losses, in an amount to be determined by
the director.
The contingent fund shall consist of payments in cash
made by the incorporators as provided in this section and of
all sums credited thereto from the earnings of the association
as hereinafter required.
Prior to the liquidation of any mutual association the
contingent fund shall not be encroached upon in any manner
except for losses and for the repayment of contributions made
by the incorporators.
No repayment of the contribution of incorporators to the
contingent fund shall be made until the net balance credited
to the contingent fund from earnings of the association, after
such repayment, equals five percent of the amount due members.
The incorporators may receive interest upon the amount
of their contributions to the contingent fund at the same rate
as is paid, from time to time, to savings members.
The amounts contributed to the contingent fund by the
incorporators shall not constitute a liability of the association
except as hereinafter provided, and any loss sustained by the
association in excess of that portion of the contingent fund
created from earnings may be charged against such contributions pro rata. [1994 c 92 § 438; 1982 c 3 § 26; 1945 c 235 §
13; Rem. Supp. 1945 § 3717-132. Prior: 1933 c 183 § 77;
1925 ex.s. c 144 § 7; 1919 c 169 § 8; 1913 c 110 §§ 13, 14;
1903 c 106 §§ 3, 5; 1890 p 56 §§ 6, 15, 31.]
33.12.140
Severability—1982 c 3: See note following RCW 33.04.002.
[Title 33 RCW—page 9]
33.12.150
Title 33 RCW: Savings and Loan Associations
33.12.150 Contingent fund as reserve—Members’
rights to fund limited. The contingent fund shall constitute
a reserve for the absorption of losses of a mutual association.
Members do not have, individually or collectively, any
right or claim to the contingent fund except upon dissolution
of the association. [1982 c 3 § 27; 1981 c 84 § 3; 1963 c 246
§ 4; 1961 c 222 § 2; 1945 c 235 § 51; Rem. Supp. 1945 §
3717-170. Prior: 1933 c 183 §§ 63, 67; 1925 ex.s. c 144 § 7;
1919 c 169 § 8; 1913 c 110 §§ 13, 14; 1903 c 116 § 5; 1890 p
56 § 31.]
33.12.150
Severability—1982 c 3: See note following RCW 33.04.002.
33.12.170 May borrow from home loan bank.
RCW 30.32.030.
33.12.170
See
Home loan bank as depositary: RCW 30.32.040.
Investment in federal home loan bank stock or bonds authorized: RCW
30.32.020.
33.12.180 Trustee of retirement plan established
under federal act entitled "Self-Employed Individuals
Tax Retirement Act of 1962." A savings and loan association shall have the power to act as trustee under:
A retirement plan established pursuant to the provisions
of the act of congress entitled "Self-Employed Individuals
Tax Retirement Act of 1962" (76 Stat. 809, 26 U.S.C. Sec.
37), as now constituted or hereafter amended. If a retirement
plan, which in the judgment of the savings and loan association, constituted a qualified plan under the provisions of that
act at the time accepted by the savings and loan association,
is subsequently determined not to be a qualified plan or subsequently ceases to be a qualified plan in whole or in part, the
savings and loan association may, nevertheless, continue to
act as trustee of any deposits theretofore made under the plan
and to dispose of the same in accordance with the directions
of the trustor and the beneficiaries thereof. [1973 1st ex.s. c
93 § 1.]
33.12.180
Chapter 33.16 RCW
DIRECTORS, OFFICERS, AND EMPLOYEES
Chapter 33.16
Sections
33.16.010
33.16.020
33.16.030
33.16.040
33.16.050
33.16.060
33.16.080
33.16.090
33.16.120
33.16.130
33.16.150
33.16.170
Directors—Number—Vacancies.
Directors—Qualifications—Eligibility.
Directors—Prohibited acts.
Removal of director, officer or employee on objection of
director of financial institutions—Procedure.
Removal of director for cause—When—Procedure.
Fiduciary relationship of directors and officers.
Officers—Election—Service.
Board meetings—Notice—Quorum.
Statement of assets and liabilities—Reports.
Bonds of officers and employees.
Pensions, retirement plans and other benefits.
Federal home loan bank as depositary.
Indemnification of directors, officers, employees, etc., by corporation, insurance: RCW 23B.08.320, 23B.08.500 through 23B.08.580, 23B.08.600,
and 23B.17.030.
33.16.010 Directors—Number—Vacancies. The
business and affairs of every association shall be managed
and controlled by a board of not less than seven nor more than
fifteen directors, a majority of which shall not be officers or
employees of the association. The persons designated in the
articles of incorporation shall be the first directors.
33.16.010
[Title 33 RCW—page 10]
Vacancies in the board of directors shall be filled by vote
of the members at the annual meetings or at a special meeting
called for the purpose. The board of directors may fill vacancies occurring on the board, such appointees to serve until the
next annual meeting of the members. [1947 c 257 § 1; 1945
c 235 § 14; Rem. Supp. 1947 § 3717-133. Prior: 1933 c 183
§ 11; 1925 ex.s. c 144 § 3; 1919 c 169 § 3; 1913 c 110 § 4;
1890 p 56 § 32.]
33.16.020 Directors—Qualifications—Eligibility.
The board of directors shall be elected at the annual meeting,
unless the bylaws of the association otherwise provide.
A person shall not be a director of an association if the
person has been adjudicated bankrupt or has taken the benefit
of any assignment for the benefit of creditors or has suffered
a judgment recovered against him for a sum of money to
remain unsatisfied of record or unsuperseded on appeal for a
period of more than three months.
To be eligible to hold the position of director of an association, a person must have savings or stock or a combination
thereof in the sum or the aggregate sum of at least one thousand dollars. Such minimum amount shall not be reduced
either by withdrawal or by pledge for a loan or in any other
manner, so long as he remains a director of the association.
[1982 c 3 § 28; 1963 c 246 § 5; 1945 c 235 § 15; Rem. Supp.
1945 § 3717-134. Prior: 1933 c 183 §§ 12, 14; 1925 ex.s. c
144 § 3; 1919 c 169 § 3; 1913 c 110 § 4.]
33.16.020
Severability—1982 c 3: See note following RCW 33.04.002.
33.16.030 Directors—Prohibited acts. A director of a
savings and loan association shall not, except to the extent
permitted for a director of a federal savings and loan association:
(1) Have any interest, direct or indirect, in the gains or
profits of the association, except to receive dividends, or
interest upon his or her contribution to the contingent fund or
upon his or her deposit accounts. However, nothing in this
subsection shall prevent an officer from receiving his or her
authorized compensation nor from participating in a benefit
program under RCW 33.16.150, nor prevent a director from
receiving an authorized director’s fee;
Receive and retain, directly or indirectly, for his or her
own use any commission on any loan, or purchase of real
property or securities, made by the association;
(2) Become an endorser, surety, or guarantor, or in any
manner an obligor, for any loan made by the association;
(3) For himself or herself or as agent, partner, stockholder, or officer of another, directly or indirectly, borrow
from the association, except as hereinafter provided. [1994 c
256 § 122; 1982 c 3 § 29; 1945 c 235 § 16; Rem. Supp. 1945
§ 3717-135. Prior: 1933 c 183 §§ 21, 62.]
33.16.030
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1982 c 3: See note following RCW 33.04.002.
33.16.040 Removal of director, officer or employee
on objection of director of financial institutions—Procedure. If the director shall notify the board of directors of any
association in writing, that he or she has information that any
director, officer, or employee of such association is dishonest, reckless, or incompetent or is failing to perform any duty
33.16.040
(2008 Ed.)
Directors, Officers, and Employees
of his or her office, the board shall meet and consider such
matter forthwith and the director shall have notice of the time
and place of such meeting. If the board shall find the director’s objection to be well founded, such director, officer, or
employee shall be removed immediately. If the board does
not remove the director, officer, or employee against whom
the objections have been filed, or if the board fails to meet,
consider or act upon the objections within twenty days after
receiving the same, the director may forthwith or within
twenty days thereafter, remove such individual by complying
with the administrative procedure act, chapter 34.05 RCW. If
the director feels that the public interest or safety of the association requires the immediate removal of such individual,
the director may petition the superior court for a temporary
injunction suspending the performance of the individual as a
director pending the administrative procedure hearing. [1994
c 92 § 439; 1982 c 3 § 30; 1973 c 130 § 21; 1945 c 235 § 17;
Rem. Supp. 1945 § 3717-136. Prior: 1933 c 183 § 18.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
Appointment of provisional officers and directors: RCW 33.40.150.
33.16.050 Removal of director for cause—When—
Procedure. If a director becomes ineligible or if the director’s conduct or habits are such as to reflect discredit upon the
association or if other good cause exists, the director may be
removed from office by an affirmative vote of two-thirds of
the members of the board of directors at any regular meeting
of the board or at any special meeting called for that purpose.
No such vote upon removal of a director shall be taken until
the director has been advised of the reasons therefor and has
had opportunity to submit to the board of directors a statement relative thereto, either oral or written. If the director
affected is present at the meeting, he shall leave the place
where the meeting is being held after his statement has been
submitted and prior to the vote upon the matter of his
removal. [1982 c 3 § 31; 1945 c 235 § 19; Rem. Supp. 1945
§ 3717-138. Prior: 1933 c 183 § 17; 1925 ex.s. c 144 § 3;
1919 c 169 § 3; 1913 c 110 § 4.]
33.16.050
Severability—1982 c 3: See note following RCW 33.04.002.
33.16.060 Fiduciary relationship of directors and
officers. Directors and officers of an association shall be
deemed to stand in a fiduciary relation to the association and
shall discharge the duties of their respective positions in good
faith and with that diligence, care, and skill which ordinary,
prudent persons would exercise under similar circumstances
in like position. [1982 c 3 § 32; 1945 c 235 § 20; Rem. Supp.
1945 § 3717-139. Prior: 1933 c 183 § 15; 1925 ex.s. c 144 §
3; 1919 c 169 § 3; 1913 c 110 § 4.]
33.16.060
Severability—1982 c 3: See note following RCW 33.04.002.
33.16.080 Officers—Election—Service. The board of
directors of the association shall elect the officers named in
the bylaws of the association, which officers shall serve at the
pleasure of the board. [1982 c 3 § 33; 1945 c 235 § 22; Rem.
Supp. 1945 § 3717-141. Prior: 1939 c 98 § 2; 1933 c 183 §§
19, 20.]
33.16.080
Severability—1982 c 3: See note following RCW 33.04.002.
(2008 Ed.)
33.16.130
33.16.090 Board meetings—Notice—Quorum. The
board of directors of each association shall hold a regular
meeting at least once each quarter and whenever required by
the director, at a time to be designated by it. Special meetings
of the board of directors may be held upon notice to each
director sufficient to permit his or her attendance.
At any meeting of the board of directors, a majority of
the members shall constitute a quorum for the transaction of
business.
The president of the association or chairman of the board
or any three members of the board may call a meeting of the
board by giving notice to all of the directors. [1994 c 256 §
123; 1982 c 3 § 34; 1945 c 235 § 23; Rem. Supp. 1945 §
3717-142. Prior: 1933 c 183 § 19.]
33.16.090
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1982 c 3: See note following RCW 33.04.002.
33.16.120 Statement of assets and liabilities—
Reports. The board of directors shall cause to be prepared,
from the books of the association, a statement of assets and of
liabilities, at the end of the association’s fiscal year.
The board shall also cause to be prepared, certified, and
filed with the director, upon blanks to be furnished by the
director, such reports and statements as the director, from
time to time, may require. [1994 c 92 § 440; 1982 c 3 § 35;
1973 c 130 § 23; 1945 c 235 § 27; Rem. Supp. 1945 § 3717146. Prior: 1933 c 183 § 79; 1919 c 169 §§ 11, 12; 1913 c
110 §§ 18, 19; 1890 p 56 §§ 18, 36.]
33.16.120
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
33.16.130 Bonds of officers and employees. The board
of directors of every association shall procure a bond or
bonds, covering all of its active officers, agents, and employees, whether or not they draw salary or compensation, with
duly qualified corporate surety authorized to do business in
the state of Washington, conditioned that the surety will
indemnify and save harmless the association against any and
all loss or losses arising through the larceny, theft, embezzlement, or other fraudulent or dishonest act or acts of any such
officer, agent, or employee. Such bond coverage may provide
for a deductible amount from any loss which otherwise
would be recoverable from the corporate surety. A deductible
amount may be applied separately to one or more bonding
agreements. The bond shall not provide for more than one
deductible amount from all losses caused by the same person
or caused by the same persons acting in collusion or combination in cases in which such losses result from dishonesty of
employees (as defined in the bond).
Such bond or bonds shall be in such amount, as to each
of said officers or employees, as the directors shall deem
advisable, and said bond or bonds shall be subject to the
approval of the director and shall be filed with him or her.
The board shall review such bond, or bonds, at its regular
meeting in January of each year, and by resolution determine
such bond coverage for the ensuing year. [1994 c 92 § 441;
1979 c 113 § 4; 1945 c 235 § 28; Rem. Supp. 1945 § 3717147. Prior: 1939 c 98 § 2; 1933 c 183 § 20; 1925 ex.s. c 144
§ 3; 1919 c 169 § 3; 1913 c 110 § 4; 1890 p 56 § 21.]
33.16.130
Severability—1979 c 113: See note following RCW 33.04.020.
[Title 33 RCW—page 11]
33.16.150
Title 33 RCW: Savings and Loan Associations
33.16.150 Pensions, retirement plans and other benefits. An association may provide for pensions, retirement
plans and other benefits for its officers and employees, and
may contribute to the cost thereof in accordance with the plan
adopted by its board of directors. Any officer or employee of
the association who is also a director or any director who has
been an officer or employee is eligible for and may receive
such pension, retirement plan, or other benefit to the extent
that the officer or employee regularly participates or the
director while an officer or employee regularly participated
in the operation of the association. [1982 c 3 § 36; 1945 c 235
§ 38; Rem. Supp. 1945 § 3717-157.]
33.16.150
Severability—1982 c 3: See note following RCW 33.04.002.
33.16.170 Federal home loan bank as depositary.
See RCW 30.32.040.
33.16.170
Chapter 33.20
Chapter 33.20 RCW
MEMBERS—SAVINGS
Sections
33.20.005
33.20.010
33.20.040
33.20.060
33.20.125
33.20.130
33.20.150
33.20.170
33.20.180
33.20.190
Deposits by individuals governed by chapter 30.22 RCW.
Mutual association member’s interest in assets—Meetings—
Voting—Proxies.
Minors as members.
State, political subdivisions, fiduciaries as depositors.
Record of member deposits—As in lieu of passbook, statement, or certificate of deposit.
Dormant accounts.
Deposits with interest to be repaid on request—Postponement
of withdrawals—Procedure.
Withdrawals may be limited—Conditions.
Classification of depositors—Regulation of earnings according to class.
Withdrawal by association draft or negotiable or transferable
order or authorization—Interest eligibility.
33.20.005 Deposits by individuals governed by chapter 30.22 RCW. Deposits made by individuals in an association are governed by chapter 30.22 RCW. [1981 c 192 §
29.]
33.20.005
Effective date—1981 c 192: See RCW 30.22.900.
at least ten days prior to the date of such meeting, or by ten
days’ written notice to the members mailed to the last known
address of each member. [1982 c 3 § 37; 1969 c 107 § 4;
1949 c 20 § 2; 1945 c 235 § 12; Rem. Supp. 1949 § 3717-131.
Prior: 1933 c 183 §§ 13, 39; 1919 c 169 § 4; 1913 c 110 § 5;
1903 c 116 § 6; 1890 p 56 § 39.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.20.040 Minors as members. Subject to chapter
30.22 RCW, minors may become depositors or members of
an association and all contracts entered into between a minor
and an association, with respect to his membership or his
deposits therein, shall be valid and enforceable, and a minor
may not disaffirm, because of his minority, any such membership or agreement in connection therewith. [1982 c 3 §
38; 1981 c 192 § 30; 1945 c 235 § 41; Rem. Supp. 1945 §
3717-160. Prior: 1933 c 183 §§ 24, 40; 1919 c 169 § 5; 1913
c 110 § 6.]
33.20.040
Severability—1982 c 3: See note following RCW 33.04.002.
Effective date—1981 c 192: See RCW 30.22.900.
33.20.060 State, political subdivisions, fiduciaries as
depositors. The state of Washington and the political subdivisions thereof, and trustees, administrators, executors,
guardians, and other fiduciaries, either individual or corporate, in their fiduciary capacity, may be depositors in associations. [1982 c 3 § 39; 1945 c 235 § 44; Rem. Supp. 1945 §
3717-163.]
33.20.060
Severability—1982 c 3: See note following RCW 33.04.002.
33.20.125 Record of member deposits—As in lieu of
passbook, statement, or certificate of deposit. An association shall maintain a record of all deposits received from its
members. The issuance of a passbook, statement, or certificate may be omitted for any account if a record thereof is
maintained in lieu of a passbook, statement, or certificate of
deposit, on which shall be entered deposits, withdrawals, and
interest credited. [1982 c 3 § 40.]
33.20.125
Severability—1982 c 3: See note following RCW 33.04.002.
33.20.010 Mutual association member’s interest in
assets—Meetings—Voting—Proxies. Each member having deposits in a mutual association shall have a proportionate proprietary interest in its assets or net earnings subordinate to the claims of its other creditors. At any meeting of the
members of a mutual association, each member shall be entitled to at least one vote. A mutual association, by its bylaws,
may provide that each member shall be entitled to one vote
for each one hundred dollars of the member’s deposit
account. At any meeting of the members, voting may be in
person or by proxy. Proxies shall be in writing and signed by
the member and, when filed with the secretary, shall continue
in force until revoked or superseded by subsequent proxies.
Written notice of the time and place of the holding of special
meetings (other than the regular annual meeting) shall be
mailed to each member at his last known address not more
than thirty days, nor less than ten days prior to the meeting.
The regular annual meeting of the mutual association shall be
announced by publication of a notice thereof in a newspaper
published in the city or town, or, if the association is not in a
city or town, in the county in which the association is located
33.20.010
[Title 33 RCW—page 12]
33.20.130 Dormant accounts. When any savings
member shall have neither paid in nor withdrawn any funds
from his or her savings account in the association for seven
consecutive years, and his or her whereabouts is unknown to
the association and he or she shall not respond to a letter from
the association inquiring as to his or her whereabouts, sent by
registered mail to his or her last known address, the association may transfer his or her account to a "Dormant Accounts"
fund. Any savings account in the "Dormant Accounts" fund
shall not participate in the earnings of the association except
by permissive action of the directors of the association. The
member, or his or her or its executor, administrator, successors or assigns, may claim the amount so transferred from his
or her account to the dormant accounts fund at any time after
such transfer. Should the association be placed in liquidation
while any savings account shall remain credited in the dormant accounts fund and before any valid claim shall have
been made thereto, as hereinabove provided, such savings
account so credited, upon order of the director and without
any other escheat proceedings, shall escheat to the state of
33.20.130
(2008 Ed.)
Loans and Investments
Washington. [1994 c 92 § 442; 1945 c 235 § 53; Rem. Supp.
1945 § 3717-172. Prior: 1933 c 183 § 38.]
Escheats: Chapter 11.08 RCW.
Uniform unclaimed property act: Chapter 63.29 RCW.
33.20.150 Deposits with interest to be repaid on
request—Postponement of withdrawals—Procedure.
The deposits paid into an association, together with any interest credited thereon, shall be repaid to the depositors thereof
respectively, or to their legal representatives, upon request.
If, in the judgment of the board, circumstances warrant
deferment of the payment of withdrawals from savings
accounts to a later date, thereafter withdrawals shall be paid
proportionately, on a percentage basis, to all depositors
requesting withdrawal until full withdrawal requests are paid
to all depositors. A board resolution of deferment shall not
affect the payments of withdrawals from federal tax and loan
accounts.
The board shall, however, have the right in its discretion,
where need is shown, to pay not exceeding one hundred dollars to any account holder in one month.
If, upon examination, the director finds that further postponement of withdrawals is unwarranted, the director may
order the association to resume full payment of withdrawals
and cancel all written withdrawal requests. Such order shall
be in writing.
The association’s failure, during a period of postponement, to pay withdrawal requests shall not authorize the
director to take charge of or liquidate the association. [1994
c 92 § 443; 1982 c 3 § 41; 1979 c 113 § 5; 1953 c 71 § 5; 1945
c 235 § 54; Rem. Supp. 1945 § 3717-173. Prior: 1939 c 98 §
5; 1933 c 183 §§ 29, 30, 31, 32, 33, 34, 37; 1919 c 169 § 10;
1913 c 110 § 16; 1890 p 56 § 27.]
33.20.150
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1979 c 113: See note following RCW 33.04.020.
33.20.170 Withdrawals may be limited—Conditions.
The director further is empowered, if in his or her judgment
the circumstances warrant it, to issue in writing a declaration
that an acute business depression, state of panic, or economic
emergency exists, in which event the directors of any association, state or federal, within the state may limit withdrawals
by resolution, subject to the following conditions; that
incoming funds shall be applied:
First, to the payment of operating expenses, indebtedness, taxes, insurance, and to the necessary charges for the
protection of the association and its investments;
Second, to the payment to members of emergency withdrawals not exceeding twenty-five dollars per month to any
member. The board of directors of any association, with the
prior written approval of the director, by resolution may
authorize the payment of emergency withdrawals not exceeding one hundred dollars per month to any member;
Third, to the payment of dividends on the savings of its
members;
Fourth, three-fourths of all remaining receipts of the
association, except interest payments, shall be applied to the
payment of withdrawals, until all withdrawal requests have
been paid.
33.20.170
(2008 Ed.)
Chapter 33.24
All such withdrawal payments shall be made to members
having withdrawal requests on file in proportion to the
amount of such withdrawal requests. [1994 c 92 § 444; 1945
c 235 § 99; Rem. Supp. 1945 § 3717-218. Prior: 1939 c 98 §
5; 1933 c 183 §§ 29, 30, 31, 32, 33, 34; 1919 c 169 § 10; 1913
c 110 § 16; 1890 p 56 § 27.]
33.20.180 Classification of depositors—Regulation of
earnings according to class. An association may classify its
depositors according to the character, amount, frequency or
duration of their dealings with the association and may regulate the earnings in such manner that each depositor receives
the same rate of interest as all others of the depositor’s class.
[1982 c 3 § 42; 1969 c 107 § 9.]
33.20.180
Severability—1982 c 3: See note following RCW 33.04.002.
33.20.190 Withdrawal by association draft or negotiable or transferable order or authorization—Interest
eligibility. An association may, on instruction from a depositor, effect withdrawals from the depositor’s account by the
association’s drafts payable to parties and on terms as so
instructed. An association may allow a depositor to effect
withdrawals or transfers from the depositor’s account upon
negotiable or transferable order or authorization to the association. To the extent of the subjection of accounts to such
withdrawal instructions or orders, such accounts may be specifically classified under RCW 33.20.180 and ineligible to
receive interest or eligible only for limited interest. [1982 c 3
§ 43; 1980 c 54 § 1; 1969 c 107 § 10.]
33.20.190
Severability—1982 c 3: See note following RCW 33.04.002.
Contingent effective date—1980 c 54: "The provisions of this 1980
amendatory act shall take effect on the effective date of a law enacted by the
United States Congress enabling depository institutions in the state of Washington to allow the owner of a deposit or account on which interest or dividends are paid to make withdrawals by negotiable or transferable instruments for the purpose of making transfers to third parties." [1980 c 54 § 3.]
Section 303 of the Consumer Checking Account Equity Act of 1980, 94 Stat.
145, authorizes the above-mentioned withdrawals. Section 303 has an effective date of December 31, 1980.
Chapter 33.24
Chapter 33.24 RCW
LOANS AND INVESTMENTS
Sections
33.24.005
33.24.007
33.24.010
33.24.015
33.24.020
33.24.025
33.24.030
33.24.040
33.24.050
33.24.060
33.24.065
33.24.070
33.24.080
33.24.090
33.24.100
33.24.115
33.24.160
33.24.200
33.24.210
33.24.220
"Mortgage" includes deed of trust and real estate contract.
"Real property" defined.
Loans to any one person—Limitation.
Loans generally—Limitation.
Obligations of United States or Canada.
Investment in investment trusts or companies.
Obligations of this state.
Obligations of other states.
Obligations of municipal corporations in this state.
Obligations of municipal corporations in any state.
Obligations issued or guaranteed by multilateral development
bank.
City or district light, water, and sewer revenue bonds.
Local improvement district bonds.
Obligations of federal and state agencies—Investment in other
associations.
Loans or other obligations secured by real property.
Forming, incorporating with, or investing in other entities—
Limitation.
Investment in office equipment and real property interests
used in doing business.
Personal liability on unlawful loans.
Revenue bonds of public utility districts.
Stock or bonds of federal home loan bank.
[Title 33 RCW—page 13]
33.24.005
33.24.270
33.24.295
33.24.345
33.24.350
33.24.360
33.24.370
33.24.375
Title 33 RCW: Savings and Loan Associations
Stock in small business investment companies.
Loans for nonbusiness family purposes—Limitation.
Acquisition of control of association—Authorized.
Acquisition of control of association—Definitions.
Acquisition of control of association—Unlawful, when—
Application—Contents—Notice to other associations—Penalty.
Acquisition of control of association—Action or proceeding to
prevent—Grounds.
Acquisition of control of association—Application to foreign
association branches.
Federal bonds and notes as investment or collateral: Chapter 39.60 RCW.
Interest and usury in general: Chapter 19.52 RCW.
Mortgages: Title 61 RCW.
Real property and conveyances: Title 64 RCW.
33.24.005 "Mortgage" includes deed of trust and real
estate contract. The word "mortgage" as used in this title
includes deed of trust and real estate contract. [1982 c 3 § 44;
1973 c 130 § 28.]
33.24.005
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
33.24.007 "Real property" defined. Unless the context clearly requires otherwise, "real property" means
improved or unimproved real estate and includes leasehold
interests in improved or unimproved real estate and includes
manufactured housing whether temporarily, semipermanently, or permanently attached to land and mobile homes
and manufactured homes whose title has been eliminated
under chapter 65.20 RCW. [1989 c 343 § 23; 1982 c 3 § 49.]
33.24.007
Severability—Effective date—1989 c 343: See RCW 65.20.940 and
65.20.950.
Severability—1982 c 3: See note following RCW 33.04.002.
33.24.010 Loans to any one person—Limitation. An
association may invest its funds only as provided in this chapter.
It shall not invest more than two and a half percent of its
assets in any loan or obligation to any one person, except with
the written approval of the director. [1994 c 92 § 445; 1982
c 3 § 45; 1979 c 113 § 6; 1963 c 246 § 7; 1953 c 71 § 6; 1947
c 257 § 5; 1945 c 235 § 58; Rem. Supp. 1947 § 3717-177.
Prior: 1939 c 98 § 11; 1933 c 183 §§ 39, 52, 56, 58; 1925
ex.s. c 144 § 5; 1913 c 110 §§ 8, 9; 1903 c 116 § 2; 1890 p 56
§§ 4, 30.]
33.24.010
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1979 c 113: See note following RCW 33.04.020.
33.24.015 Loans generally—Limitation. An association may invest not more than twenty percent of its assets in
loans on such terms as it deems appropriate. [1982 c 3 § 51.]
33.24.015
Severability—1982 c 3: See note following RCW 33.04.002.
33.24.020 Obligations of United States or Canada.
An association may invest its funds in loans upon or purchases of the bonds or obligations of or bonds or obligations
guaranteed by the United States of America, including bonds
of the District of Columbia, of the Dominion of Canada, or
those for which the faith of the United States or the Dominion
of Canada is pledged to provide for the payment of interest
and principal: PROVIDED, That, in the case of bonds of the
Dominion of Canada or those for which its faith is pledged,
33.24.020
[Title 33 RCW—page 14]
the interest and principal shall be payable in the United States
or with exchange to a city in the United States and in lawful
money of the United States or its equivalent. [1947 c 257 §
6; 1945 c 235 § 59; Rem. Supp. 1947 § 3717-178. Prior:
1939 c 98 § 11; 1935 c 9 §§ 1, 2, 3; 1933 c 183 § 56.]
33.24.025 Investment in investment trusts or companies. Except as may be limited by the director by rule, an
association may invest its funds in obligations of the United
States, as authorized by RCW 33.24.020, either directly or in
the form of securities of, or other interests in, an open-end or
closed-end management type investment company or investment trust registered under the federal investment company
act of 1940, as now or hereafter amended, if both of the following conditions are met:
(1) The portfolio of the investment company or investment trust is limited to obligations of the United States and to
repurchase agreements fully collateralized by such obligations; and
(2) The investment company or investment trust takes
delivery of the collateral for any repurchase agreement either
directly or through an authorized custodian. [1994 c 92 §
446; 1989 c 97 § 3.]
33.24.025
33.24.030 Obligations of this state. An association
may invest its funds in the bonds or interest bearing obligations of this state or any agency thereof. [1955 c 126 § 1;
1945 c 235 § 60; Rem. Supp. 1945 § 3717-179. Prior: 1939
c 98 § 11; 1933 c 183 § 56.]
33.24.030
33.24.040 Obligations of other states. An association
may invest its funds in the bonds or interest bearing obligations of any other state of the United States upon which there
is no existing default and upon which there has been no
default for more than ninety days within ten years immediately preceding the investment: PROVIDED, That such state
has not been in default for more than ninety days, within said
ten years, in the payment of any part of the principal or interest of any debt contracted by it or for which the faith of such
state was pledged. [1945 c 235 § 61; Rem. Supp. 1945 §
3717-180. Prior: 1939 c 98 § 11; 1933 c 183 § 56.]
33.24.040
33.24.050 Obligations of municipal corporations in
this state. An association may invest its funds in the valid
warrants or bonds of any city, town, county, school district,
port district, or other municipal corporation in the state of
Washington which are issued pursuant to law and for the payment of which the faith and credit of such municipal corporations is pledged and taxes are leviable upon all taxable property within its limits. The aggregate of the investments of an
association in any issue of such warrants or bonds shall at no
time exceed five percent of the amount of its savings
accounts. [1945 c 235 § 62; Rem. Supp. 1945 § 3717-181.
Prior: 1939 c 98 § 11; 1933 c 183 § 56.]
33.24.050
33.24.060 Obligations of municipal corporations in
any state. An association may invest its funds in the valid
warrants or bonds of any city, county, school district, port
district, or other municipal corporation in the United States
having a population of not less than fifty thousand inhabitants
33.24.060
(2008 Ed.)
Loans and Investments
as determined by the last federal census, which municipal
corporation has not defaulted in the payment of interest or
principal upon any general obligation, including those for
which its credit was pledged, within ten years last past, and
for the payment of which the faith and credit of such municipal corporation is pledged and taxes are leviable upon all taxable property within its limits. No such investment shall be
made unless the warrants or bonds for purchase are rated not
less than BAA by Moody’s Investors’ Service, or have equivalent rating of another standard rating bureau, and the aggregate of the investments of an association in any issue of such
warrants or bonds shall at no time exceed five percent of the
amount of its savings accounts. [1945 c 235 § 63; Rem.
Supp. 1945 § 3717-182. Prior: 1939 c 98 § 11; 1933 c 183 §
56.]
33.24.065 Obligations issued or guaranteed by multilateral development bank. An association may invest in
obligations issued or guaranteed by any multilateral development bank in which the United States government formally
participates. Such investment in any one multilateral development bank shall not exceed five percent of the association’s assets. [1985 c 301 § 3.]
33.24.065
33.24.070 City or district light, water, and sewer revenue bonds. An association may invest its funds in the revenue bonds of any city, town, district, or political subdivision
of this state for the payment of which revenue of the city,
town, district or political subdivision utility or revenue producing facility is irrevocably pledged.
It may invest its funds in the light, water, or sewer revenue bonds of any city or other municipal corporation in the
United States having a population of not less than fifty thousand inhabitants as determined by the last federal census,
which has not defaulted in the payment of interest or principal upon this or any like obligation, including those for which
its credit was pledged, within ten years last past, for the payment of which the entire revenue of the city’s or other municipal corporation’s light, water, or sewer system, less maintenance and operating costs, is irrevocably pledged.
The aggregate of the investments of an association in any
issue of such revenue bonds shall at no time exceed five percent of the amount of its savings accounts. [1955 c 126 § 2;
1945 c 235 § 64; Rem. Supp. 1945 § 3717-183. Prior: 1939
c 98 § 11; 1933 c 183 § 56.]
33.24.070
33.24.080 Local improvement district bonds. An
association may invest its funds in the bonds of any local
improvement district of any city of this state (except bonds
issued for an improvement consisting of grading only), the
ultimate payment of which is guaranteed by the municipality
under the provisions of guaranty laws of this state: PROVIDED, That one-half of the lots in the district are improved
with revenue producing houses or other improvements and
that local improvement district bonds falling within the
twenty-five percent, in amount of any issue, last callable for
payment shall neither be acquired nor taken as security. The
aggregate of the investments of an association in any issue of
such bonds shall at no time exceed three percent of the
amount of its savings accounts, and it may not have invested,
33.24.080
(2008 Ed.)
33.24.160
at any one time, more than one hundred thousand dollars in
the bonds of any such district. [1953 c 71 § 7; 1945 c 235 §
65; Rem. Supp. 1945 § 3717-184. Prior: 1939 c 98 § 11;
1933 c 183 § 56.]
33.24.090
33.24.090 Obligations of federal and state agencies—
Investment in other associations. An association may
invest its funds in stock or notes, bonds, debentures, or other
such obligations of any federal home loan bank, the Home
Owners’ Loan Corporation, any federal land bank, the Federal Savings and Loan Insurance Corporation, the Federal
Housing Administration, the Federal National Mortgage
Association, or any other instrumentality of the federal government, or any state or federal agency organized under the
laws of the United States or of the state of Washington authorized to loan to or act as a fiscal agency for, or insurer of, a
savings and loan association.
An association may become a member of and invest its
funds in other savings and loan associations organized under
either federal or state law, which have an authorized office in
this state: PROVIDED, That the investment in any such
other savings and loan association shall not exceed the
amount which is insured by the Federal Savings and Loan
Insurance Corporation. [1959 c 280 § 3; 1953 c 71 § 8; 1945
c 235 § 66; Rem. Supp. 1945 § 3717-185. Prior: 1939 c 98 §
11; 1935 c 9 §§ 1, 2, 3; 1933 c 183 § 56.]
33.24.100
33.24.100 Loans or other obligations secured by real
property. An association may invest its funds in loans, mortgages, or other obligations secured by real property. [1982 c
3 § 46; 1979 c 113 § 7; 1969 c 107 § 5; 1949 c 20 § 6; 1945 c
235 § 67; Rem. Supp. 1949 § 3717-186. Prior: 1939 c 98 §
11; 1935 c 9 §§ 1, 2, 3; 1933 c 183 §§ 56, 58; 1925 ex.s. c 144
§ 5; 1913 c 110 §§ 8, 9; 1903 c 116 § 2; 1890 p 56 § 4.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1979 c 113: See note following RCW 33.04.020.
33.24.115
33.24.115 Forming, incorporating with, or investing
in other entities—Limitation. An association, alone or in
conjunction with other entities, may form, incorporate, or
invest in corporations or other entities, whether or not such
other corporation or entity is related to the association’s business. The aggregate amount of funds invested or used in the
formation of corporations or other entities under this section
shall not exceed ten percent of the assets of the association.
[1982 c 3 § 50.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.24.160
33.24.160 Investment in office equipment and real
property interests used in doing business. An association
may invest its funds in the acquisition of furniture, fixtures
and office equipment convenient and necessary for the carrying on of its business.
An association may invest its funds in real property or
leasehold interests therein for use in the transaction of its
business. [1982 c 3 § 47; 1945 c 235 § 73; Rem. Supp. 1945
§ 3717-192. Prior: 1939 c 98 § 11; 1933 c 183 § 56.]
Severability—1982 c 3: See note following RCW 33.04.002.
[Title 33 RCW—page 15]
33.24.200
Title 33 RCW: Savings and Loan Associations
33.24.200 Personal liability on unlawful loans. Every
director, officer, agent, or employee of an association who
shall borrow or who shall knowingly permit any person to
borrow any of its funds in violation of the provisions of this
title shall be personally liable for any loss or damage which
the association may sustain in consequence thereof. [1945 c
235 § 94; Rem. Supp. 1945 § 3717-213.]
33.24.200
33.24.210 Revenue bonds of public utility districts.
See RCW 54.24.120.
33.24.210
33.24.220 Stock or bonds of federal home loan bank.
See RCW 30.32.020.
33.24.220
Home loan bank as depositary: RCW 30.32.040.
May borrow from home loan bank: RCW 30.32.030.
33.24.270 Stock in small business investment companies. A savings and loan association may purchase and hold
for its own investment accounts stock in small business
investment companies licensed and regulated by the United
States as authorized by the small business act, Public Law 85536, as amended and now in force, in an amount not to
exceed one percent of its assets. [1973 c 130 § 30; 1969 c 107
§ 13.]
33.24.270
Severability—1973 c 130: See note following RCW 33.24.350.
Definitions—1973 c 130: See RCW 33.24.350.
33.24.295 Loans for nonbusiness family purposes—
Limitation. An association may invest not to exceed twenty
percent of its assets in loans for any nonbusiness family purposes. [1982 c 3 § 48; 1979 c 113 § 12; 1973 c 130 § 27.]
33.24.295
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1979 c 113: See note following RCW 33.04.020.
Severability—1973 c 130: See note following RCW 33.24.350.
33.24.345 Acquisition of control of association—
Authorized. A person or other entity, including an association, organized under the laws of this state or authorized to
transact business in this state, may acquire any or all of the
assets or shares of stock of any association authorized to
transact business under this title. [1982 c 3 § 52.]
33.24.345
Severability—1982 c 3: See note following RCW 33.04.002.
33.24.350 Acquisition of control of association—Definitions. Unless the context requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Subsidiary" of a person or other entity means any
person or other entity which is controlled by such person or
other entity.
(2) "Control" means directly or indirectly or acting in
concert with one or more other persons or entities, or through
one or more subsidiaries, owning, controlling, or holding
with the power to vote twenty-five percent or more of the voting rights of an association.
(3) "Acquiring party" means the person or other entity
acquiring control of a savings and loan association. [1982 c
3 § 53; 1973 c 130 § 1.]
33.24.350
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: "If any provision of this 1973 amendatory
act, or its application to any person or circumstance is held invalid, the
[Title 33 RCW—page 16]
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1973 c 130 § 32.]
33.24.360 Acquisition of control of association—
Unlawful, when—Application—Contents—Notice to
other associations—Penalty. (1) It is unlawful for any
acquiring party to acquire control of an association until
thirty days after the date of filing with the director an application containing substantially all of the following information
and any additional information that the director may prescribe as necessary or appropriate in the public interest or for
the protection of deposit account holders, borrowers or stockholders:
(a) The identity, character, and experience of each
acquiring party by whom or on whose behalf acquisition is to
be made;
(b) The financial and managerial resources and future
prospects of each acquiring party involved in the acquisition;
(c) The terms and conditions of any proposed acquisition
and the manner in which such acquisition is to be made;
(d) The source and amount of the funds or other consideration used or to be used in making the acquisition and, if
any part of these funds or other consideration has been or is
to be borrowed or otherwise obtained for the purpose of making the acquisition, a description of the transaction and the
names of the parties. However, where a source of funds is a
loan made in the lender’s ordinary course of business, if the
person filing the statement so requests, the director shall not
disclose the name of the lender to the public;
(e) Any plans or proposals which any acquiring party
making the acquisition may have to liquidate the association
to sell its assets, to merge it with any company, or to make
any other major changes in its business or corporate structure
or management;
(f) The identification of any persons employed, retained
or to be compensated by the acquiring party, or by any person
on his or her behalf, who makes solicitations or recommendations to stockholders for the purpose of assisting in the acquisition, and brief description of the terms of such employment,
retainer, or arrangements for compensation;
(g) Copies of all invitations for tenders or advertisements
making a tender offer to stockholders for purchase of their
stock to be used in connection with the proposed acquisition.
(2) When an unincorporated company is required to file
the statements under subsection (1)(a), (b), and (f) of this section, the director may require that the information be given
with respect to each partner of a partnership or limited partnership, by each member of a syndicate or group, and by each
person who controls a partner or member. When an incorporated company is required to file the statements under subsection (1)(a), (b), and (f) of this section, the director may
require that the information be given for the corporation and
for each officer and director of the corporation and for each
person who is directly or indirectly the beneficial owner of
twenty-five percent or more of the outstanding voting securities of the corporation. If any tender offer, request or invitation for tenders or other agreement to acquire control is proposed to be made by means of a registration statement under
the federal securities act of 1933 (48 Stat. 74, 15 U.S.C. Sec.
77a), as amended, or in circumstances requiring the disclosure of similar information under the federal securities
33.24.360
(2008 Ed.)
Fees and Taxes
exchange act of 1934 (48 Stat. 881; 15 U.S.C. Sec. 77b), as
amended, or in an application filed with the federal home
loan bank board requiring similar disclosure, such registration statement or application may be filed with the director in
lieu of the requirements of this section.
(3) The director shall give notice by mail to all associations doing business within the state of the filing of an application to acquire control of an association. The association
shall transmit a check to the director for two hundred dollars
when filing the application to cover the expense of notification. Persons interested in protesting the application may
contact the director in person or by writing prior to a date
which shall be given in the notice.
(4) Any person who willfully violates this section, or any
regulation or order thereunder, is guilty of a misdemeanor
and shall be fined not more than one thousand dollars for
each day during which the violation continues. [2003 c 53 §
197; 1994 c 92 § 447; 1982 c 3 § 54; 1979 c 113 § 13; 1973 c
130 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1979 c 113: See note following RCW 33.04.020.
Severability—1973 c 130: See note following RCW 33.24.350.
33.24.370 Acquisition of control of association—
Action or proceeding to prevent—Grounds. The director
may within thirty days after the date of filing of the application under RCW 33.24.360, file an action or proceeding in
superior court to prevent the pending acquisition of control if
the director finds any of the following:
(1) The acquisition would substantially lessen competition or would in any manner be in restraint of trade or would
result in a monopoly, or would be in furtherance of any combination or conspiracy to monopolize or to attempt to monopolize the savings and loan business in any part of the state of
Washington, unless the director also finds that the anticompetitive effects of the proposed acquisition are clearly outweighed in the public interest by the probable effect of the
acquisition in meeting the convenience and needs of the community to be served;
(2) The poor financial condition of any acquiring party
might jeopardize the financial stability of the association
being acquired or might prejudice the interests of the depositors, borrowers, or stockholders of the association or is not in
the public interest;
(3) The plan or proposal under which the acquiring party
intends to liquidate the association, to sell its assets, or to
merge it with any person or company, or to make any other
major change in its business or corporate structure or management, is not fair and reasonable to the association’s depositors, borrowers, or stockholders or is not in the public interest; or
(4) The competence, experience and integrity of any
acquiring party who would control the operation of the association indicates that approval would not be in the interest of
the association’s depositors, borrowers, or stockholders nor
in the public interest. [1994 c 92 § 448; 1982 c 3 § 55; 1973
c 130 § 3.]
33.24.370
Severability—1982 c 3: See note following RCW 33.04.002.
(2008 Ed.)
33.28.040
Severability—1973 c 130: See note following RCW 33.24.350.
33.24.375 Acquisition of control of association—
Application to foreign association branches. RCW
33.24.345, 33.24.350, 33.24.360, and 33.24.370 do not apply
to foreign associations doing business in this state, except
when an acquiring party intends to acquire only one or more
branches of a foreign association which are located in this
state. [1982 c 3 § 56.]
33.24.375
Severability—1982 c 3: See note following RCW 33.04.002.
Chapter 33.28
Chapter 33.28 RCW
FEES AND TAXES
Sections
33.28.010
33.28.020
33.28.040
Filing and copy fees.
Fee for examination and supervision costs.
Taxation of associations.
33.28.010 Filing and copy fees. The secretary of state
shall collect fees of twenty dollars in advance for filing articles of incorporation. The secretary of state shall establish by
rule, fees for amendments to articles of incorporation, other
certificates required to be filed in his or her office, and for
furnishing copies of papers filed in his or her office.
Every association shall also pay to the secretary of state,
for filing any instrument with him or her, the same fees as are
required of general corporations for filing similar papers.
[1993 c 269 § 13; 1981 c 302 § 33; 1945 c 235 § 76; Rem.
Supp. 1945 § 3717-195.]
33.28.010
Effective date—1993 c 269: See note following RCW 23.86.070.
Severability—1981 c 302: See note following RCW 19.76.100.
Corporations, fees in general: Chapter 23B.01 RCW.
33.28.020 Fee for examination and supervision costs.
The director shall collect from each association a fee, the
amount of which shall be set by rule, to cover the actual cost
of examinations and supervision. [1994 c 92 § 449; 1982 c 3
§ 57; 1974 ex.s. c 22 § 1; 1969 c 107 § 6; 1961 c 222 § 4;
1945 c 235 § 77; Rem. Supp. 1945 § 3717-196. Prior: 1933
c 183 § 82; 1919 c 169 § 11; 1913 c 110 § 18.]
33.28.020
Severability—1982 c 3: See note following RCW 33.04.002.
33.28.040 Taxation of associations. The fees provided
for in this title shall be in lieu of all other corporation fees,
licenses, or excises for the privilege of doing business, except
for business and occupation taxes imposed pursuant to chapter 82.04 RCW, and except for license fees or taxes imposed
by a city or town under RCW 82.14A.010, notwithstanding
any other provisions of this section.
Neither an association nor its members shall be taxed
upon its deposit accounts as property, nor shall a domestic
association be taxed upon its real and tangible personal property at a rate greater than any federal association doing business in this state.
An association is an institution for deposits and neither it
nor its property shall be taxed under any law which shall
exempt banks or other savings institutions, state or federal,
from taxation.
33.28.040
[Title 33 RCW—page 17]
Chapter 33.32
Title 33 RCW: Savings and Loan Associations
For all purposes of taxation, the assets represented by the
contingent fund, guaranty fund, and other reserves (other
than reserves for expenses and specific losses) of an association shall be deemed its only permanent capital and, in computing any tax, whether property, income, or excise, appropriate adjustments shall be made to give effect to the nature
of such association. [1982 c 3 § 58; 1972 ex.s. c 134 § 4;
1970 ex.s. c 101 § 1; 1945 c 235 § 79; Rem. Supp. 1945 §
3717-198. Prior: 1933 c 183 § 86; 1913 c 110 § 17; 1890 p
56 §§ 35, 38.]
Severability—1982 c 3: See note following RCW 33.04.002.
Effective date—1972 ex.s. c 134: See RCW 82.14A.900.
Severability—1970 ex.s. c 101: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1970 ex.s. c 101 § 5.]
Effective date—1970 ex.s. c 101: "This act is necessary for the immediate preservation of the public peace, health and safety, the support of the
state government and its existing public institutions, and shall take effect
March 1, 1970." [1970 ex.s. c 101 § 6.]
City or town license fees or taxes on financial institutions: Chapter 82.14A
RCW.
Chapter 33.32
Chapter 33.32 RCW
FOREIGN ASSOCIATIONS
Sections
33.32.020
33.32.030
33.32.050
33.32.060
33.32.070
33.32.080
Examinations and reports.
Subject to state regulations and laws.
Power of attorney for service of process.
Reciprocity.
Failure to comply with title as disqualifying act.
Nonadmitted foreign associations—Powers relative to secured
interests.
33.32.050 Power of attorney for service of process.
No foreign savings and loan association or like corporation
shall do business in this state until it shall file with the director a written irrevocable power of attorney providing that service upon the director of any process issued against it by any
court in this state shall constitute valid service of such process upon it. Such service shall be had by serving upon the
director two copies of such summons or other process,
together with the sum of two dollars. The director, upon
receipt of any such summons or other process, shall forthwith
transmit, by registered mail, one copy thereof to the principal
office of such foreign association or corporation. [1994 c 92
§ 452; 1945 c 235 § 84; Rem. Supp. 1945 § 3717-203. Prior:
1933 c 183 § 87; 1890 p 56 §§ 9, 10, 12.]
33.32.050
33.32.060 Reciprocity. No foreign savings and loan
association shall be permitted to do business in this state on
more favorable terms and conditions than the associations
organized under the laws of this state are permitted to do
business in the state in which such foreign association or corporation is organized. [1945 c 235 § 85; Rem. Supp. 1945 §
3717-204. Prior: 1933 c 183 § 88; 1890 p 56 § 13.]
33.32.060
33.32.070 Failure to comply with title as disqualifying act. Any foreign savings and loan association or like corporation doing business in this state which fails to comply
with any provision of this title as required shall not thereafter
transact any business within this state. [1982 c 3 § 61; 1945
c 235 § 86; Rem. Supp. 1945 § 3717-205. Prior: 1933 c 183
§ 89; 1913 c 110 § 21; 1890 p 56 §§ 14, 20.]
33.32.070
Severability—1982 c 3: See note following RCW 33.04.002.
33.32.080 Nonadmitted foreign associations—Powers relative to secured interests. See chapter 23B.18
RCW.
33.32.080
33.32.020 Examinations and reports. Unless prohibited by the laws of the state in which it is incorporated, a foreign association or like corporation authorized to do business
in this state which, by the laws of the state in which it is incorporated, is required to be examined or to make reports to
officers of such state, after each such examination or on the
making of each such report, shall furnish to the director a
copy of such examination or report, certified by the officer of
the state making such examination or receiving the report.
[1994 c 92 § 450; 1982 c 3 § 59; 1945 c 235 § 81; Rem. Supp.
1945 § 3717-200. Prior: 1933 c 183 § 87; 1913 c 110 § 21;
1890 p 56 §§ 14, 37.]
33.32.020
Severability—1982 c 3: See note following RCW 33.04.002.
33.32.030 Subject to state regulations and laws.
Except as to those matters relating strictly to its internal management which are governed by provisions of the law of the
state of its incorporation inconsistent with this title, a foreign
association or like corporation authorized to transact business
in this state shall conduct its business in conformance with
the provisions of this title and all requirements of the director.
All agreements made by any foreign association or like
corporation doing business in this state with any resident of
this state shall be deemed and construed to be made within
this state. [1994 c 92 § 451; 1982 c 3 § 60; 1945 c 235 § 82;
Rem. Supp. 1945 § 3717-201. Prior: 1933 c 183 § 87; 1913
c 110 § 21; 1890 p 56 §§ 9, 14.]
33.32.030
Severability—1982 c 3: See note following RCW 33.04.002.
[Title 33 RCW—page 18]
Chapter 33.36
Chapter 33.36 RCW
PROHIBITED ACTS—PENALTIES
Sections
33.36.010
33.36.020
33.36.030
33.36.040
33.36.050
33.36.060
Illegal loans or investments.
Purchase at discount of accounts or certificates.
Preference in case of insolvency.
Falsification of books—Exhibiting false document—Making
false statement of assets or liabilities.
False statement affecting financial standing.
Suppressing, secreting, or destroying evidence or records.
Assignment for benefit of creditors: Chapter 7.08 RCW.
False representations: Chapter 9.38 RCW.
33.36.010 Illegal loans or investments. Any director,
officer, agent, or employee of an association who, on behalf
of such association, shall knowingly and wilfully make or
participate in making or consent to any loan or investment
contrary to the provisions of this title shall be guilty of a gross
misdemeanor. [1945 c 235 § 87; Rem. Supp. 1945 § 3717206. Prior: 1933 c 183 §§ 53, 62, 102, 111; 1919 c 169 § 16;
1913 c 110 § 27.]
33.36.010
33.36.020 Purchase at discount of accounts or certificates. Any director, officer, agent, attorney, or employee of
33.36.020
(2008 Ed.)
Insolvency, Liquidation, Merger
an association who, directly or indirectly, shall purchase at a
discount any savings account in the association or any certificate or debenture of any segregation corporation holding
assets formerly held by the association shall be guilty of a
gross misdemeanor. [1945 c 235 § 88; Rem. Supp. 1945 §
3717-207. Prior: 1933 c 183 §§ 62, 101.]
33.36.030
33.36.030 Preference in case of insolvency. Every
transfer of its property and assets by any association in this
state, made in contemplation of insolvency, or after it
becomes insolvent, with a view to the preference of one creditor or member over another, or to prevent the proper distribution of its property and assets among its creditors and
members, shall be void.
Every director, officer, agent, or employee making such
transfer or assisting therein is guilty of a class C felony as
provided in chapter 9A.20 RCW. [1982 c 3 § 62; 1945 c 235
§ 89; Rem. Supp. 1945 § 3717-208.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.36.040
33.36.040 Falsification of books—Exhibiting false
document—Making false statement of assets or liabilities.
Every person who subscribes to or knowingly makes or
causes to be made any false statement or false entry in the
books of any association, or knowingly subscribes to or
exhibits any false or fictitious security, document, or paper,
with intent to deceive any person authorized to examine into
the affairs of any association, or knowingly makes or publishes any false statement of the amount of the assets or liabilities of the association, is guilty of a class C felony as provided in chapter 9A.20 RCW. [1982 c 3 § 63; 1945 c 235 §
90; Rem. Supp. 1945 § 3717-209. Prior: 1933 c 183 § 101;
1919 c 169 §§ 12, 18; 1913 c 110 § 19.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.36.050
33.36.050 False statement affecting financial standing. Any person who wilfully instigates, makes, circulates,
or transmits to another or others any statement which the person knows to be false concerning the financial condition or
affecting the financial standing of any association doing business in this state, or who wilfully counsels, aids, procures or
induces another to start, transmit, or circulate any such statement which the person knows to be false, is guilty of a gross
misdemeanor. [1982 c 3 § 64; 1945 c 235 § 92; Rem. Supp.
1945 § 3717-211. Prior: 1933 c 183 § 110.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.36.060
33.36.060 Suppressing, secreting, or destroying evidence or records. Any person who, for the purpose of concealing any material fact, suppresses any evidence or
abstract, removes, mutilates, destroys, or secretes any book,
paper or record of an association, or of the director, or of anyone connected with the association or the office of the director, is guilty of a class C felony as provided in chapter 9A.20
RCW. [1994 c 92 § 453; 1982 c 3 § 65; 1945 c 235 § 91;
Rem. Supp. 1945 § 3717-210. Prior: 1933 c 183 § 106; 1919
c 169 § 19.]
Severability—1982 c 3: See note following RCW 33.04.002.
(2008 Ed.)
Chapter 33.40
33.40.020
Chapter 33.40 RCW
INSOLVENCY, LIQUIDATION, MERGER
Sections
33.40.010
33.40.020
33.40.030
33.40.040
33.40.050
33.40.060
33.40.070
33.40.075
33.40.080
33.40.110
33.40.120
33.40.130
33.40.150
Voluntary liquidation, merger, etc., authorized—Procedure.
Director may take possession of domestic association on
notice for delinquency.
Possession without notice.
Procedure on taking possession.
Involuntary liquidation—Procedure—Federal insurance corporation as liquidator.
Procedure to be as in receivership.
Liquidator’s powers.
Investment of liquidation funds—Use of income.
Disposition of records.
Voluntary liquidation—Disposition of unclaimed dividends
and records.
Removal of liquidator—Appellate review.
Payment of deposits accepted during economic emergency,
preference.
Appointment of provisional officers and directors.
33.40.010 Voluntary liquidation, merger, etc., authorized—Procedure. Any domestic association may determine to enter upon voluntary liquidation, to transfer its assets
and liabilities to another association, to merge with another
association, to segregate its assets into classes, to charge off
its losses in excess of its reserves.
Any such liquidation, transfer, merger, segregation, or
charge-off shall be effected by the vote of a majority in
amount of the members present, in person or by proxy, at any
regular or special meeting of the members called for such
purpose. Notice of such meeting, stating the purpose thereof,
shall be given the director at least thirty days prior to the
meeting and to the members pursuant to the provisions contained in RCW 33.20.010.
If such liquidation, transfer, merger, segregation, or
charge-off be authorized by the members at the meeting, the
directors of the association are authorized and shall effect
such action, and the officers of the association shall execute
all proper conveyances, documents, and other papers necessary or proper thereunto. [1994 c 92 § 454; 1949 c 20 § 9;
1945 c 235 § 102; Rem. Supp. 1949 § 3717-221. Prior: 1935
c 171 § 4; 1933 c 183 §§ 60, 78; 1919 c 169 § 17.]
33.40.010
33.40.020 Director may take possession of domestic
association on notice for delinquency. Whenever it appears
to the director that any domestic association is in an unsound
condition or is conducting its business in an unsafe manner or
is refusing to submit its books, papers, or concerns to lawful
inspection, or that any director or officer thereof refuses to
submit to examination on oath touching its concerns and
affairs or that it has failed to carry out any authorized order or
direction of the director, the director may give notice to the
association so offending or delinquent or whose director or
officer is thus offending or delinquent to correct such offense
or delinquency and, if such association or such director or
officer fails to correct the condition, offense, or delinquency
within a reasonable time, as determined by the director, the
director may take possession of the association. [1994 c 92 §
455; 1982 c 3 § 66; 1945 c 235 § 103; Rem. Supp. 1945 §
3717-222. Prior: 1933 c 183 §§ 68, 71.]
33.40.020
Severability—1982 c 3: See note following RCW 33.04.002.
[Title 33 RCW—page 19]
33.40.030
Title 33 RCW: Savings and Loan Associations
33.40.030 Possession without notice. Whenever it
shall appear to the director that any association is in an
unsound or unsafe condition to continue business or is insolvent, the director may take possession thereof without notice.
[1994 c 92 § 456; 1945 c 235 § 104; Rem. Supp. 1945 §
3717-223. Prior: 1933 c 183 §§ 68, 71.]
33.40.030
33.40.040 Procedure on taking possession. Upon the
director taking possession of any domestic association, the
director shall proceed to liquidate the association unless, in
the director’s discretion, the director shall determine to call a
meeting of the members to consider either a proportionate
charge-off against the deposit accounts to permit the association thereafter to continue in business, or whether the association should proceed to voluntary liquidation under the management of its board of directors. In such event, if the director
approves the decision of a majority in amount of the members
present and voting, the director shall order such action to be
taken.
During any period of voluntary liquidation, the director
may take possession of the association and its assets and
complete the liquidation whenever, in the director’s discretion, this seems advisable. [1994 c 92 § 457; 1982 c 3 § 67;
1945 c 235 § 105; Rem. Supp. 1945 § 3717-224. Prior: 1935
c 171 § 4; 1933 c 183 §§ 70, 72, 78; 1919 c 169 § 13; 1913 c
110 § 20.]
33.40.040
Severability—1982 c 3: See note following RCW 33.04.002.
33.40.050 Involuntary liquidation—Procedure—
Federal insurance corporation as liquidator. Whenever
the director determines to liquidate the affairs of a domestic
association, the director shall cause the attorney general to
present to the superior court of the county in which the association has its principal place of business a written petition
setting forth the date of the taking of possession, the reasons
therefor, and other material facts concerning the affairs of the
association and, if the court determines that the association
should be liquidated, it shall appoint the director, or other
responsible person as recommended by the director, as the
liquidator of the association and fix and require a bond to be
given by the liquidator conditioned for the faithful performance of the duties as such liquidator, but if the association
has the insurance protection provided by Title IV of the
National Housing Act, as now or hereafter amended, the
court upon the request of the director may tender to the federal savings and loan insurance corporation the appointment
as liquidator.
Upon the filing with and approval by the court of the
bond, the director or other person appointed shall enter upon
the duties as liquidator of the affairs of the association, and,
under the direction of the court, shall administer and liquidate
the assets thereof and apply the same to the payment of the
expenses of liquidation and the debts of the association, and
distribute the remainder to the deposit accounts proportionately.
If the court tenders the appointment as liquidator to the
federal savings and loan insurance corporation, and if the
insurance corporation accepts the appointment, it shall have
and possess all the powers and privileges provided by the
laws of this state with respect to a liquidator of an association,
its depositors and other creditors, and be subject to all the
33.40.050
[Title 33 RCW—page 20]
duties of such liquidator, except insofar as such powers, privileges, or duties are in conflict with the provisions of Title IV
of the National Housing Act, as now or hereafter amended. In
any liquidation proceeding in which the insurance corporation is the liquidator, it may proceed to liquidate without
being subject to the control of the court and without bond.
[1994 c 92 § 458; 1982 c 3 § 68; 1973 c 130 § 29; 1945 c 235
§ 106; Rem. Supp. 1945 § 3717-225. Prior: 1935 c 171 § 4;
1933 c 183 §§ 70, 72, 73, 74, 76, 77, 78; 1919 c 169 § 13;
1913 c 110 § 20.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
33.40.060 Procedure to be as in receivership. In any
such liquidation proceeding, the court, except as otherwise in
this title expressly provided, shall have the powers and proceed as in receivership proceedings. [1945 c 235 § 107; Rem.
Supp. 1945 § 3717-226. Prior: 1935 c 171 § 4; 1933 c 183 §§
70, 72, 73, 75, 76, 77, 78; 1919 c 169 § 13; 1913 c 110 § 20.]
33.40.060
33.40.070 Liquidator’s powers. The liquidator, upon
the approval of the court, may sell, discount, or compromise
debts of the association and claims against its debtors. The
liquidator, with the approval of the court, may lease, operate,
repair, exchange, or sell, either for cash or upon terms, the
real and personal property of the association.
The liquidator, with the approval of the court, when
funds are available, may pay savings members whose balances amount to not more than five dollars, the full amount of
the balances.
Checks issued or payments held by the liquidator which
remain undelivered for six months following the final liquidation dividend shall be deposited with the director, after
which the liquidator shall be discharged by the court. During
ten years thereafter, the director shall deliver the checks or
payments, or the director’s own checks in lieu thereof, to the
payee, or his or her legal representative, upon receipt of satisfactory evidence of the payee’s right thereto. After the ten
years, the director shall cancel all such checks or payments
remaining in the director’s possession and issue a check
against the account for the amount thereof, payable to the
state treasurer, and deliver it to the state treasurer. Such payment shall escheat to the state, without further legal proceedings. [1994 c 92 § 459; 1982 c 3 § 69; 1953 c 71 § 10; 1945
c 235 § 108; Rem. Supp. 1945 § 3717-227. Prior: 1935 c 171
§ 4; 1933 c 183 §§ 70, 73, 74, 78.]
33.40.070
Severability—1982 c 3: See note following RCW 33.04.002.
33.40.075 Investment of liquidation funds—Use of
income. All funds received by the director from liquidations
may be invested by the director. The earnings from the moneys so held may be applied toward defraying the expenses
incurred in the liquidations. [1994 c 92 § 460; 1982 c 3 § 70;
1951 c 105 § 1.]
33.40.075
Severability—1982 c 3: See note following RCW 33.04.002.
33.40.080 Disposition of records. Upon the termination of any liquidation proceeding, any files, records, documents, books of account, or other papers in the possession of
the liquidator shall be surrendered into the possession of the
33.40.080
(2008 Ed.)
Conversion to and from Federal Association
director, who, in his or her discretion at any time after the
expiration of one year, may destroy any of such files, records,
documents, books of account or other papers which appear to
him or her to be obsolete or unnecessary for future reference.
[1994 c 92 § 461; 1945 c 235 § 109; Rem. Supp. 1945 §
3717-228.]
33.43.020
or periods or at the expiration thereof, the director takes
charge of the association for liquidation, as provided in this
title. [1994 c 92 § 464; 1982 c 3 § 73; 1945 c 235 § 100; Rem.
Supp. 1945 § 3717-219.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.40.150 Appointment of provisional officers and
directors. (1) The director of financial institutions, after
exercising the authority granted in RCW 33.16.040, may
appoint provisional officers and directors, in whole or in part,
of an association.
(2) Notice of the appointment shall be served upon the
association, and the appointment shall take effect immediately and shall remain in effect until a successor is chosen in
accordance with the association’s bylaws. [1994 c 92 § 465;
1985 c 239 § 2.]
33.40.150
33.40.110 Voluntary liquidation—Disposition of
unclaimed dividends and records. In a voluntary liquidation of a domestic association, checks issued in the liquidation or funds representing liquidating dividends or otherwise
which remain undelivered for six months following the final
liquidating dividend, shall be deposited with the director,
together with any files, records, documents, books of
account, or other papers of the association. The director, at
any time after one year from delivery, may destroy any of
such files, records, documents, books of account, or other
papers which appear to the director to be obsolete or unnecessary for future reference. During ten years thereafter, the
director shall deliver such checks, or the director’s own
checks in lieu thereof, or portions of such funds to the payee,
or the payee’s legal representative, upon receipt of satisfactory evidence of the payee’s right thereto. After the ten years,
the director shall cancel all such checks remaining in the
director’s possession and issue a check payable to the state
treasurer for the amount thereof together with any other liquidating funds, and deliver them to the state treasurer. Such
payment shall escheat to the state without further legal proceedings. [1994 c 92 § 462; 1982 c 3 § 71; 1953 c 71 § 11;
1945 c 235 § 112; Rem. Supp. 1945 § 3717-231.]
33.40.110
Severability—1982 c 3: See note following RCW 33.04.002.
Uniform unclaimed property act: Chapter 63.29 RCW.
33.40.120 Removal of liquidator—Appellate review.
The court, upon notice and hearing, may remove the liquidator for cause. Appellate review of the order of removal may
be sought as in other civil cases.
During the pendency of any appeal, the director of financial institutions shall act as liquidator of the association, without giving any additional bond for the performance of the
duties as such liquidator.
If such order of removal shall be affirmed, the director of
financial institutions shall name another liquidator for the
association, which nominee, upon qualifying as required for
receivers generally, shall succeed to the position of liquidator
of the association. [1994 c 92 § 463; 1988 c 202 § 34; 1982
c 3 § 72; 1971 c 81 § 86; 1945 c 235 § 113; Rem. Supp. 1945
§ 3717-232.]
33.40.120
Rules of court: Appeal procedures superseded by RAP 2.1, 2.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
Severability—1982 c 3: See note following RCW 33.04.002.
33.40.130 Payment of deposits accepted during economic emergency, preference. Savings deposits received
by an association, during a period or periods of postponement
of payment of withdrawals or of acute business depression,
panic or economic emergency under authorization or declaration of the director as hereinbefore provided, shall be repaid
to the depositors paying in such savings before any liquidation dividends shall be declared or paid if, during such period
33.40.130
(2008 Ed.)
Chapter 33.43
Chapter 33.43 RCW
CONVERSION TO AND FROM
FEDERAL ASSOCIATION
Sections
33.43.010
33.43.020
33.43.030
Conversion of domestic association to federal association.
Federal association—Powers.
Conversion of federal association to domestic association.
33.43.010 Conversion of domestic association to federal association. Any domestic association may convert
itself into a federal mutual or stock savings and loan association. Any such conversion shall be effected by the vote of a
majority in amount of the members present, in person or by
proxy, at any regular or special meeting of the members
called for such purpose. Notice of such meeting, stating the
purpose thereof, shall be given the director at least thirty days
prior to the meeting and to the members pursuant to the provisions contained in RCW 33.20.010.
If such conversion be authorized by the members at the
meeting, the directors of the association are authorized and
shall effect such action, and the officers of the association
shall execute all proper conveyances, documents, and other
papers necessary or proper thereunto.
If conversion be authorized, a copy of the minutes of the
meeting shall be filed forthwith with the director.
Upon consummation of such conversion, the successor
federal savings and loan association shall succeed to all right,
title, and interest of the domestic association in and to its
assets, and to its liabilities to the creditors and members of the
association. Upon such conversion, after the execution and
delivery of all instruments of transfer, conveyance and
assignment, the domestic association shall be deemed dissolved. [1994 c 92 § 466; 1982 c 3 § 74; 1949 c 20 § 10; 1945
c 235 § 116; Rem. Supp. 1949 § 3717-235. Prior: 1933 ex.s.
c 15 §§ 1 through 6. Formerly RCW 33.44.100.]
33.43.010
Severability—1982 c 3: See note following RCW 33.04.002.
33.43.020 Federal association—Powers. Every federal savings and loan association, the home office of which is
located in this state, and the savings accounts therein shall
have all the rights, powers and privileges and be entitled to
the same immunities and exemptions as pertain to savings
and loan associations organized under the laws of this state.
33.43.020
[Title 33 RCW—page 21]
33.43.030
Title 33 RCW: Savings and Loan Associations
[1945 c 235 § 117; Rem. Supp. 1945 § 3717-236. Prior: 1939
c 98 § 9; 1933 c 183 § 50. Formerly RCW 33.44.110.]
33.43.030 Conversion of federal association to
domestic association. Any federal savings and loan association the home office of which is located in this state may
convert itself into a domestic savings and loan association of
this state. For any such conversion, such federal association
shall proceed as provided in this title for the conversion of a
domestic association into a federal association.
Upon consummation of such conversion, the successor
domestic association shall succeed to all right, title, and interest of the federal association in and to its assets, and to its liabilities to the creditors and members of such federal association. [1945 c 235 § 118; Rem. Supp. 1945 § 3717-237. Prior:
1939 c 98 § 1. Formerly RCW 33.44.120.]
33.43.030
Chapter 33.44 RCW
CONVERSION TO MUTUAL SAVINGS BANK
Chapter 33.44
Sections
33.44.020
33.44.080
33.44.090
33.44.125
33.44.130
Conversion to a savings bank or commercial bank—Procedure.
Depositor’s interest upon conversion.
Transfer of securities upon conversion.
Waiver of chapter requirements.
Rules implementing chapter—Standard.
33.44.020 Conversion to a savings bank or commercial bank—Procedure. Any association organized under
the laws of this state, or under the laws of the United States,
may, if it has obtained the approval, required by law or regulation, of any federal agencies, including the federal home
loan bank board and the federal savings and loan insurance
corporation, be converted into a savings bank or commercial
bank in the following manner:
(1) The board of directors of such association shall pass
a resolution declaring its intention to convert the association
into a savings bank or commercial bank and shall apply to the
director of financial institutions for leave to submit to the
members of the association the question whether the association shall be converted into a savings bank or a commercial
bank. A duplicate of the application to the director of financial institutions shall be filed with the director of financial
institutions, except that no such filing shall be required in the
case of an association organized under the laws of the United
States. The application shall include a proposal which sets
forth the method by and extent to which membership or
stockholder interests, as the case may be, in the association
are to be converted into membership or stockholder interests,
as the case may be, in the savings bank or commercial bank,
and the proposal shall allow for any member or stockholder
to withdraw the value of his or her interest at any time within
sixty days of the completion of the conversion. The proposal
shall be subject to the approval of the director of financial
institutions and shall conform to all applicable regulations of
the federal home loan bank board, the federal savings and
loan insurance corporation, the federal deposit insurance corporation, or other federal regulatory agency.
(2) Thereupon the director of financial institutions shall
make the same investigation and determine the same questions as would be required by law to make and determine in
33.44.020
[Title 33 RCW—page 22]
case of the submission to the director of financial institutions
of a certificate of incorporation of a proposed new savings
bank or commercial bank, and the director of financial institutions shall also determine whether by the proposed conversion the business needs and conveniences of the members of
the association would be served with facility and safety,
except that no such conference shall be pertinent to such
investigation or determination in the case of an association
organized under the laws of the United States. After the
director of financial institutions determines whether it is
expedient and desirable to permit the proposed conversion,
the director of financial institutions shall, within sixty days
after the filing of the application, endorse thereon over the
official signature of the director of financial institutions the
word "granted" or the word "refused", with the date of such
endorsement and shall immediately notify the secretary of
such association of his or her decision. If an application to
convert to a mutual savings bank is granted, the director of
financial institutions shall require the applicants to enter into
such an agreement or undertaking with the director of financial institutions as trustee for the depositors with the mutual
savings bank to make such contributions in cash to the
expense fund of the mutual savings bank as in the director of
financial institutions judgment will be necessary then and
from time to time thereafter to pay the operating expenses of
the mutual savings bank if its earnings should not be sufficient to pay the same in addition to the payment of such dividends as may be declared and credited to depositors from its
earnings.
If the application is denied by the director of financial
institutions, the association, acting by a two-thirds majority
of its board of directors, may, within thirty days after receiving the notice of the denial, appeal to the superior court in the
manner prescribed in chapter 34.05 RCW.
(3) If the application is granted by the director of financial institutions or by the court, as the case may be, the board
of directors of the association shall, within sixty days thereafter, submit the question of the proposed conversion to the
members of the association at a special meeting called for
that purpose. Notice of the meeting shall state the time, place
and purpose of the meeting, and that the only question to be
voted upon will be, "shall the (naming the association) be
converted into a savings bank or commercial bank under the
laws of the state of Washington?" The vote on the question
shall be by ballot. Any member may vote by proxy or may
transmit the member’s ballot by mail if the bylaws provide a
method for so doing. If two-thirds or more in number of the
members voting on the question vote affirmatively, then the
board of directors shall have power, and it shall be its duty, to
proceed to convert such association into a savings bank or
commercial bank; otherwise, the proposed conversion shall
be abandoned and shall not be again submitted to the members within three years from the date of the meeting.
(4) If authority for the proposed conversion has been
approved by the members as required by this section, the
directors shall, within thirty days thereafter, subscribe and
acknowledge and file with the director of financial institutions in triplicate a certificate of reincorporation, stating:
(a) The name by which the converted corporation is to be
known.
(2008 Ed.)
Conversion of Savings Bank or Commercial Bank to Association
(b) The place where the bank is to be located and its business transacted, naming the city or town and county, which
city or town shall be the same as that where the principal
place of business of the corporation has theretofore been
located.
(c) The name, occupation, residence and post office
address of each signer of the certificate.
(d) The amount of the assets of the corporation, the
amount of its liabilities and the amount of its contingent,
reserve, expense, and guaranty fund, as applicable, as of the
first day of the then calendar month.
(e) A declaration that each signer will accept the responsibilities and faithfully discharge the duties of a trustee or
director of the bank, and is free from all the disqualifications
specified in the laws applicable to savings banks or commercial banks.
(f) Such other items as the director of financial institutions may require.
(5) Upon the filing of the certificate in triplicate, the
director of financial institutions shall, within thirty days
thereafter, if satisfied that all the provisions of this chapter
have been complied with, issue in triplicate an authorization
certificate stating that the corporation has complied with all
the requirements of law, and that it has authority to transact at
the place designated in its certificate of incorporation the
business of a savings bank or commercial bank. One of the
director of financial institutions certificates of authorization
shall be attached to each of the certificates of reincorporation,
and one set of these shall be filed and retained by the director
of financial institutions, one set shall be filed in the office of
the secretary of state, and one set shall be transmitted to the
bank for its files. Upon the receipt from the corporation of the
same fees as are required for filing and recording other incorporation certificates or articles, the secretary of state shall file
the certificates and record the same; whereupon the conversion of the association shall be deemed complete, and the
signers of said reincorporation certificate and their successors
shall thereupon become and be a corporation having the powers and being subject to the duties and obligations prescribed
by the laws of this state applicable to savings banks or commercial banks, as the case may be. The time of existence of
the corporation shall be perpetual unless provided otherwise
in the articles of incorporation of the association or unless
sooner terminated pursuant to law. [1997 c 101 § 6; 1994 c
92 § 467; 1982 c 3 § 75; 1981 c 302 § 34; 1979 ex.s. c 57 § 7;
1975 1st ex.s. c 111 § 1; 1927 c 177 § 1; 1917 c 154 § 1; RRS
§§ 3749 through 3754. Formerly RCW 33.44.020 through
33.44.070.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1981 c 302: See note following RCW 19.76.100.
33.44.080 Depositor’s interest upon conversion.
Upon the conversion of any association into a savings bank or
commercial bank, every person who was a depositor of the
association at the time of the conversion shall become and be
deemed to be a depositor of the bank in a sum equal to the
value of the deposit of the depositor as of the day on which
the conversion was consummated. [1982 c 3 § 76; 1927 c
177 § 2; 1917 c 154 § 2; RRS § 3755.]
33.44.080
Severability—1982 c 3: See note following RCW 33.04.002.
(2008 Ed.)
33.46.010
33.44.090 Transfer of securities upon conversion. All
mortgages, notes and other securities of any association that
has been converted into a savings bank or commercial bank,
shall on request of the bank, be delivered to it by the director
of financial institutions or under the director’s direction by
any depositary having possession thereof. Every such bank
shall, as soon as practicable and within such time and by such
methods as the director may direct, cause its organization, its
securities and investments, the character of its business and
its methods of transacting the same to conform to the laws
applicable to savings banks or commercial banks, as applicable. [1994 c 92 § 468; 1982 c 3 § 77; 1927 c 177 § 3; 1917 c
154 § 3; RRS § 3756.]
33.44.090
Severability—1982 c 3: See note following RCW 33.04.002.
33.44.125 Waiver of chapter requirements. If, in the
opinion of the director of financial institutions, it is necessary
for any of the requirements of this chapter to be waived in
order to permit an association which is in danger of failing to
convert its charter to that of a commercial bank or a savings
bank so that the association may be acquired by a commercial
bank or a savings bank or a bank holding company, then the
director may waive any such requirement. [1994 c 92 § 469;
1982 c 3 § 78.]
33.44.125
Severability—1982 c 3: See note following RCW 33.04.002.
33.44.130 Rules implementing chapter—Standard.
The director of financial institutions shall adopt such rules
under the administrative procedure act, chapter 34.05 RCW,
as are necessary to implement this chapter in a manner which
protects the relative interests of members, depositors, borrowers, stockholders, and creditors. [1994 c 92 § 470; 1982
c 3 § 79.]
33.44.130
Severability—1982 c 3: See note following RCW 33.04.002.
Chapter 33.46 RCW
CONVERSION OF SAVINGS BANK OR
COMMERCIAL BANK TO ASSOCIATION
Chapter 33.46
(Formerly: Conversion of mutual savings bank to building and loan
or savings and loan association)
Sections
33.46.010
33.46.020
33.46.030
33.46.040
33.46.050
33.46.060
33.46.070
33.46.080
33.46.090
33.46.100
33.46.110
33.46.130
Definitions.
Conversion of bank to association—Procedure.
Cash contributions to expense fund if becoming domestic
mutual association.
Appeal from denial of application.
Certificate of reincorporation—Required—Filing—Contents.
Issuance of authorization certificate—Filing—Completion of
conversion—Effect.
Depositor’s interest upon conversion.
Transfer of securities—Conformance to state association laws,
when.
Assets, liabilities, etc., vested in association upon conversion.
Initial meeting of shareholders of domestic association—
Notice—Proxy voting.
Conversion to federal association—Procedure.
Rules implementing chapter—Standard.
33.46.010 Definitions. As used in this chapter, unless
the context indicates otherwise:
(1) "Association" means any association organized
under the laws of this state or the laws of the United States of
America;
33.46.010
[Title 33 RCW—page 23]
33.46.020
Title 33 RCW: Savings and Loan Associations
(2) "Director" means a member of the board of directors
of an association, savings bank, or commercial bank, as
applicable;
(3) "Bank" means a savings bank or commercial bank
organized under the laws of this state; and
(4) "Trustee" means a member of the managing board of
a mutual savings bank. [1982 c 3 § 80; 1975 1st ex.s. c 83 §
1.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.46.020
33.46.020 Conversion of bank to association—Procedure. Any bank may be converted into an association in the
following manner:
(1) The trustees or directors of the bank shall pass, by at
least a two-thirds favorable vote of all trustees or directors, a
resolution declaring its intention to convert the bank into an
association, specifying in such resolution the type of association and whether the association is to be organized under the
laws of this state, or is to be organized under the laws of the
United States of America. If the association is to be a state
association the bank shall apply to the director of financial
institutions for authority to convert into an association. The
application shall include a proposal which sets forth the
method by and extent to which membership or stockholder
interests, as the case may be, in the bank are to be converted
into membership or shareholder interest, as the case may be,
in the association, and the proposal shall allow for any member or stockholder to withdraw the value of his or her interest
at any time within sixty days of the completion of the conversion. The proposal is subject to the approval of the director of
financial institutions and shall conform to all applicable regulations of the federal deposit insurance corporation, the federal home loan bank board, the federal savings and loan
insurance corporation, or other federal regulatory agency.
(2) The director of financial institutions shall, in the case
of an application to convert into a state association, make the
same investigation and determine the same questions as he or
she would be required by law to make in determining the case
of submission to him or her of articles of incorporation of a
proposed new state association, and shall also determine
whether the proposed conversion would serve the needs and
conveniences of the depositors of the bank.
(3) The director of financial institutions shall grant or
deny the application within sixty days of its date of filing and
shall immediately notify the secretary of the bank of the decision. [1994 c 92 § 471; 1982 c 3 § 81; 1975 1st ex.s. c 83 § 2.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.46.030
33.46.030 Cash contributions to expense fund if
becoming domestic mutual association. If the application
to become a domestic mutual association is granted, the
director of financial institutions shall require the applicant to
enter into an agreement or undertaking with the director, as
trustee for the members of the association, to make such cash
contributions to an expense fund of the mutual association as
in the director’s judgment will be necessary then and from
time to time thereafter to pay the operating expenses of the
association if its earnings should not be sufficient to pay the
same in addition to the payment of such dividends as may be
[Title 33 RCW—page 24]
declared and credited to members from its earnings. [1994 c
92 § 472; 1982 c 3 § 82; 1975 1st ex.s. c 83 § 3.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.46.040 Appeal from denial of application. If the
application is denied by the director of financial institutions,
the bank, acting by a two-thirds majority of its trustees or
directors, may, within thirty days after receiving notice of
such denial, appeal to the superior court of Thurston county
pursuant to the provisions of the administrative procedure
act, chapter 34.05 RCW. [1994 c 92 § 473; 1982 c 3 § 83;
1975 1st ex.s. c 83 § 4.]
33.46.040
Severability—1982 c 3: See note following RCW 33.04.002.
3 3 . 4 6 . 0 5 0 Ce r t i f i ca t e o f r e in c o r p o r a t i o n —
Required—Filing—Contents. If the application is granted
by the director of financial institutions, or by the court, the
trustees or directors of the bank shall, within thirty days
thereafter, subscribe, acknowledge, and file with the director
of financial institutions, in triplicate, a certificate of reincorporation stating:
(1) The name by which the association is to be known;
(2) The place where the association is to be located and
its business transacted, naming the city or town and the
county, which city or town shall be the same as that where the
principal place of business of the bank has theretofore been
located;
(3) The name, occupation, residence, and post office
address of each signer of the certificate;
(4) The amount of the assets of the association, the
amount of its liabilities, and the amount of its contingent,
expense, or guaranty fund, as applicable, as of the first day of
the calendar month during which the certificate is filed; and
(5) A declaration that each signer will accept the responsibilities and faithfully discharge the duties of a director of
the association, and is free from all the disqualifications specified in the laws applicable to savings and loan associations.
[1994 c 92 § 474; 1982 c 3 § 84; 1981 c 302 § 35; 1975 1st
ex.s. c 83 § 5.]
33.46.050
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1981 c 302: See note following RCW 19.76.100.
33.46.060 Issuance of authorization certificate—Filing—Completion of conversion—Effect. Upon filing the
certificate in triplicate as provided in RCW 33.46.050, the
director of financial institutions shall, within thirty days
thereafter, if satisfied that all the provisions of this chapter
have been complied with, issue in triplicate an authorization
certificate stating that the association has complied with all of
the requirements of law, and that it has authority to transact,
at the place or places designated in its certificate, the business
of an association. The director of financial institutions shall
retain one set of the triplicate originals of the certificate of
reincorporation and of the certificate of authorization and
shall transmit the other two sets to the association, which
shall retain one set, and file one set with the secretary of state,
paying the required fees. Upon such filings being made, the
conversion of the bank to the association shall be deemed
complete and consummated, and the association shall thereupon be a corporation having the powers and being subject to
33.46.060
(2008 Ed.)
Stock Associations
the duties and obligations prescribed by the laws of this state
applicable to state associations, and the time of existence of
such association shall be perpetual, unless sooner terminated.
[1994 c 92 § 475; 1982 c 3 § 85; 1981 c 302 § 36; 1975 1st
ex.s. c 83 § 6.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1981 c 302: See note following RCW 19.76.100.
33.46.070 Depositor’s interest upon conversion.
Upon the conversion of a bank into an association, every person who was a depositor of the bank at the time of the conversion shall become and be deemed to be a depositor of the
association in a sum equal to the value of the deposits of the
depositor in the bank as of the day on which the conversion
was consummated. [1982 c 3 § 86; 1975 1st ex.s. c 83 § 7.]
33.46.070
Severability—1982 c 3: See note following RCW 33.04.002.
33.46.080 Transfer of securities—Conformance to
state association laws, when. All mortgages, notes, and
other securities of any bank that has been converted into an
association shall, on request of the association, be delivered
to it by the director of financial institutions or, under the
direction of the director, by any depository having possession
thereof. If the association is a state association it shall, as
soon as practicable and within such time and by such methods as the director may direct, cause its organization, its securities and investments, the character of its business, and its
methods of transacting the same to conform to the laws applicable to state associations. [1994 c 92 § 476; 1982 c 3 § 87;
1975 1st ex.s. c 83 § 8.]
ings and do all things which are required by federal laws and
regulations to qualify as and become a federal association,
and when all such things have been accomplished and a charter has been issued by the appropriate federal agency, the
bank shall thereupon cease to be a bank organized under the
laws of this state. [1982 c 3 § 89; 1975 1st ex.s. c 83 § 11.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.46.130 Rules implementing chapter—Standard.
The director of financial institutions shall adopt such rules
under the administrative procedure act, chapter 34.05 RCW,
as are necessary to implement this chapter in a manner which
protects the relative interests of members, depositors, borrowers, stockholders, and creditors. [1994 c 92 § 477; 1982
c 3 § 90.]
33.46.130
Severability—1982 c 3: See note following RCW 33.04.002.
33.46.080
Severability—1982 c 3: See note following RCW 33.04.002.
33.46.090 Assets, liabilities, etc., vested in association
upon conversion. Upon a conversion being consummated
all assets, rights and properties of the bank shall vest in and
be the property of the association and all liabilities, debts, and
obligations of the bank shall be the liabilities, debts, and obligations of the association and any right can be enforced by or
against the association the same as it could have been
enforced by or against the bank if the conversion had not
occurred. [1975 1st ex.s. c 83 § 9.]
33.46.090
33.46.100 Initial meeting of shareholders of domestic
association—Notice—Proxy voting. Within twelve months
following consummation of the conversion, the directors of a
domestic association shall call a meeting of the members for
the purpose of electing directors and conducting such other
business of the association as is appropriate. Notice of such
meeting shall be mailed not less than ten nor more than thirty
days in advance of the meeting to the last known address of
each member. The notice may also include a proxy form
authorizing any one or more persons, who may be directors
or officers of the association, selected by the directors, to vote
on behalf of any member executing such proxy. [1982 c 3 §
88; 1975 1st ex.s. c 83 § 10.]
33.46.100
33.48.030
Chapter 33.48
Chapter 33.48 RCW
STOCK ASSOCIATIONS
(Formerly: Guaranty stock state savings and loan associations)
Sections
33.48.025
33.48.030
33.48.040
33.48.080
33.48.090
33.48.100
33.48.110
33.48.120
33.48.130
33.48.140
33.48.150
33.48.160
33.48.170
33.48.180
33.48.190
33.48.200
33.48.210
33.48.220
33.48.230
33.48.240
33.48.250
33.48.260
33.48.270
33.48.280
33.48.290
33.48.320
Applicability of chapter 23B.06 RCW.
Minimum amount of permanent stock required—Preferred or
special classes of shares authorized.
Stock dividends, when.
Member’s proprietary interest—Subordinate to claims of creditors.
Dividends only if interest paid on deposits.
Conversion procedure—Domestic stock to domestic mutual
association.
Conversion procedure—Mutual association to domestic stock
association—Rules implementing section—Standard.
Conversion procedure—Creation of permanent loss reserve—
Disposition of reserve upon liquidation.
Withdrawal of charter amendment or conversion application.
Legislative intent—Chapter to control over conflicting provisions.
Organizing permit—Required.
Organizing permit—Application.
Organizing permit—Conditions.
Permit authorizing sale of stock—Applicability.
Permit authorizing sale of guaranty stock—Required prior to
sale of issued or outstanding stock.
Permit authorizing sale of stock—Application—Contents.
Permit authorizing sale of stock—Examination and investigation—Issuance or denial.
Recitation in permit to take subscriptions for stock.
Sales of stock—Imposition of conditions.
Organizing permit—Amendment, alteration, suspension, or
revocation by director—Grounds.
Purchase by association of stock issued by it—Conditions.
Reduction of stock—Conditions.
Reduction of stock—Disposition of surplus.
Paid-in or contributed surplus or surplus created by reduction
of stock—Application and uses.
RCW 33.48.150 through 33.48.280 inapplicable to foreign
associations.
Waiver of chapter requirements.
33.48.025 Applicability of chapter 23B.06 RCW.
Except to the extent provided otherwise in this title, stock
associations are subject to the provisions of chapter 23B.06
RCW. [1991 c 72 § 51; 1982 c 3 § 91; 1981 c 84 § 4.]
33.48.025
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1982 c 3: See note following RCW 33.04.002.
33.48.030 Minimum amount of permanent stock
required—Preferred or special classes of shares authorized. Stock associations shall have permanent stock which
may be issued with or without par value but with a statement
33.48.030
33.46.110 Conversion to federal association—Procedure. If the bank specifies in the resolution that it intends to
become a federal association, it shall proceed to make all fil33.46.110
(2008 Ed.)
[Title 33 RCW—page 25]
33.48.040
Title 33 RCW: Savings and Loan Associations
of value of nonpar stock in accordance with Title 23B RCW.
The minimum amount of such stock shall be twenty-five
thousand dollars in the case of associations outside of incorporated cities, or in cities of less than twenty-five thousand
population. Associations located in cities of greater population shall have as a minimum, fifty thousand dollars of such
stock. The board of such association is authorized and
directed to issue and maintain the stock in the following percentages: Three percent upon the first five million dollars;
two percent upon the next three million dollars, and one percent upon all additional withdrawable savings: PROVIDED,
That associations whose savings are insured by the Federal
Savings and Loan Insurance Corporation shall not be
required to maintain stock in excess of three hundred thousand dollars. A stock association may issue preferred or special classes of shares as provided in chapter 23B.06 RCW.
[1991 c 72 § 52; 1982 c 3 § 92; 1981 c 84 § 1; 1969 c 107 §
7; 1963 c 246 § 9; 1955 c 122 § 4.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.48.040 Stock dividends, when. No dividends shall
be declared on stock until the association has met the net
worth and federal insurance requirements of the federal savings and loan insurance corporation. Subject to the provisions
of this chapter, stock shall be entitled to such rate of dividend,
if earned, as fixed by the board. Stock dividends may be
declared and issued by the board at any time, payable from
otherwise unallocated surplus and undivided profits. [1982 c
3 § 93; 1981 c 84 § 2; 1979 c 113 § 14; 1955 c 122 § 5.]
33.48.040
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1979 c 113: See note following RCW 33.04.020.
33.48.080 Member’s proprietary interest—Subordinate to claims of creditors. Each member in a stock association shall have a proportionate proprietary interest in its
assets and net earnings subordinate to the claims of its creditors with priorities as established by this chapter. [1982 c 3 §
94; 1969 c 107 § 8; 1967 c 49 § 6; 1955 c 122 § 9.]
33.48.080
Severability—1982 c 3: See note following RCW 33.04.002.
33.48.090 Dividends only if interest paid on deposits.
No dividend shall be paid or credited upon shares of stock for
any period in which the association has not declared and paid
interest on deposits eligible to receive interest. [1982 c 3 §
95; 1955 c 122 § 10.]
33.48.090
Severability—1982 c 3: See note following RCW 33.04.002.
33.48.100 Conversion procedure—Domestic stock to
domestic mutual association. A domestic stock association
may convert to a domestic mutual association under the provisions of applicable statutes and regulations of proper federal and state supervisory authorities. In the event of compliance with such statutes and regulations an appraisal of the
stock shall be made by the director, upon written request of
the directors of the association, and the appropriate value of
the stock may be given consideration in the proceedings to
convert by giving credit to such stock from surplus and other
reserves. [1994 c 92 § 478; 1982 c 3 § 96; 1955 c 122 § 11.]
33.48.100
Severability—1982 c 3: See note following RCW 33.04.002.
[Title 33 RCW—page 26]
33.48.110 Conversion procedure—Mutual association to domestic stock association—Rules implementing
section—Standard. Any mutual association, either domestic or federal, operating in the state of Washington may convert itself into a domestic stock association. The conversion
shall be effected by the vote of two-thirds of the members
present and voting in person or by proxy at any regular or
special meeting of the members called for such purpose.
Notice of such meeting, stating the purpose thereof, shall be
given to the director and to each member by mailing notice to
the member’s last known address at least thirty days prior to
the meeting.
At the meeting, the members may adopt a resolution
amending its articles of incorporation and bylaws to provide
for operation under this chapter as a stock association.
Upon adoption of the resolution, members shall be given
notice of the proposed change and shall be offered, for a
period of sixty days following the date of the meeting, the
right to subscribe for the proposed stock, pro rata to their
deposits in such mutual association, and such right shall be
transferable. In the event that the total stock required has not,
at the end of the sixty day period, been fully subscribed, the
unsubscribed portion shall be offered to any former subscribers for such stock.
When the stock has been fully subscribed and paid for,
certified copies of the documents relating to the conversion
shall be submitted to the director for his or her approval of the
conversion proceedings. Upon notification by the director
that the director approves the conversion, the directors shall
adopt a resolution declaring the association to be a stock
association and thereafter it shall be such.
The director shall adopt such rules under chapter 34.05
RCW, the administrative procedure act, as are necessary to
implement this section in a manner which protects the relative interests of members, depositors, borrowers, stockholders, and creditors. [1994 c 92 § 479; 1982 c 3 § 97; 1955 c
122 § 12.]
33.48.110
Severability—1982 c 3: See note following RCW 33.04.002.
33.48.120 Conversion procedure—Creation of permanent loss reserve—Disposition of reserve upon liquidation. The accumulated surplus and unallocated reserves of an
association at the time of conversion to a stock association
shall be designated as a permanent loss reserve against which
any losses incurred on assets may be charged. In case of liquidation the remaining sum in said permanent loss reserve
shall be distributed to the depositors in proportion to the withdrawable value of their deposit accounts at the time of liquidation. In liquidation, after payment of all liabilities and the
withdrawable value of all types and classes of deposit
accounts together with the remainder in the permanent loss
reserve heretofore mentioned, any excess shall be paid pro
rata to the stockholders. [1982 c 3 § 98; 1955 c 122 § 13.]
33.48.120
Severability—1982 c 3: See note following RCW 33.04.002.
33.48.130 Withdrawal of charter amendment or conversion application. The directors of an association which
has voted to amend its charter or convert to another type of
institution, may withdraw the application at any time prior to
the issuance of the amended charter, by adopting a proper
33.48.130
(2008 Ed.)
Stock Associations
resolution and forwarding a copy to the director. [1994 c 92
§ 480; 1955 c 122 § 14.]
33.48.200
funds for preincorporation expenses. [1994 c 92 § 483; 1982
c 3 § 100; 1973 c 130 § 8.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.48.140 Legislative intent—Chapter to control
over conflicting provisions. It is the intention of the legislature to grant, by this chapter, authority to create stock associations in this state, by either organization or conversion under
its provisions, and in the event of conflict between the provisions of this chapter and other provisions of Title 33 RCW,
such other provisions shall be construed in favor of the
accomplishment of the purposes of this chapter. [1982 c 3 §
99; 1955 c 122 § 15.]
33.48.140
Severability—1982 c 3: See note following RCW 33.04.002.
33.48.150 Organizing permit—Required. No subscriptions or funds from proposed stockholders of any proposed association, prior to its incorporation and prior to a
decision by the director on its application for approval of its
articles of incorporation, may be solicited or taken until a verified application for an organizing permit has been filed and
a permit has been issued by the director authorizing such subscription or collection of funds and then, only in accordance
with the terms of such permit. [1994 c 92 § 481; 1973 c 130
§ 6.]
33.48.150
Severability—1973 c 130: See note following RCW 33.24.350.
Definitions—1973 c 130: See RCW 33.24.350.
33.48.160 Organizing permit—Application. The
application for an organizing permit under RCW 33.48.150
shall be in writing, verified as provided by law for the verification of pleadings and shall be filed in the office of the director. Such application shall be signed by the proposed incorporators and shall include the following:
(1) The names and addresses of its proposed directors,
officers and incorporators, to the extent known;
(2) The proposed location of its office;
(3) A copy of any contract proposed to be used for the
solicitation of stock subscriptions and funds for its preincorporation expenses;
(4) A copy of any advertisement, circular, or other written matter proposed to be used for soliciting stock subscriptions and funds for its preincorporation expenses;
(5) A statement of the total funds proposed to be solicited and collected prior to incorporation and an itemized estimate of the preincorporation expenses proposed to be paid;
(6) A list of the names and addresses and amounts of
each of the known proposed stockholders and contributors to
the fund for preincorporation expenses; and
(7) Such additional information as the director may
require. [1994 c 92 § 482; 1973 c 130 § 7.]
33.48.160
Severability—1973 c 130: See note following RCW 33.24.350.
Definitions—1973 c 130: See RCW 33.24.350.
33.48.170 Organizing permit—Conditions. The
director may impose conditions in the director’s organizing
permit issued under RCW 33.48.150 concerning the deposit
in escrow of funds collected pursuant to said permit, the manner of expenditure of such funds and such other conditions as
he or she deems reasonable and necessary or advisable for the
protection of the public and the subscribers to such stock or
33.48.170
(2008 Ed.)
Severability—1973 c 130: See note following RCW 33.24.350.
33.48.180 Permit authorizing sale of stock—Applicability. No association shall sell, take subscriptions for, or
issue any stock until the association applies for and secures
from the director a permit authorizing it to sell stock.
This section does not apply to an offering involving less
than five hundred thousand dollars nor to an offering made
under a registration statement filed under the federal securities act of 1933 (48 Stat. 74; 15 U.S.C. Sec. 77a). [1994 c 92
§ 484; 1982 c 3 § 101; 1973 c 130 § 5.]
33.48.180
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
33.48.190 Permit authorizing sale of guaranty
stock—Required prior to sale of issued or outstanding
stock. No issued and outstanding stock of an association
shall be sold or offered for sale to the public, nor shall subscriptions be solicited or taken for such sales until the association or the selling stockholders have applied for and secured
from the director a permit authorizing the sale of the guaranty
stock.
This section shall not apply to an offering involving less
than ten percent of the issued and outstanding guaranty stock
of an association and less than five hundred thousand dollars
nor to an offering made under a registration statement filed
under the Securities Act of 1933 (48 Stat. 74; 15 U.S.C. Sec.
77a). [1994 c 92 § 485; 1973 c 130 § 9.]
33.48.190
Severability—1973 c 130: See note following RCW 33.24.350.
Definitions—1973 c 130: See RCW 33.24.350.
33.48.200 Permit authorizing sale of stock—Application—Contents. An application for a permit to sell stock
shall be in writing and shall be filed in the office of the director by the association.
The application shall include the following:
(1) Regarding the association:
(a) The names and addresses of its officers;
(b) The location of its office;
(c) An itemized account of its financial condition within
ninety days of the filing date; and
(d) A copy of all minutes of any proceedings of its directors, shareholders, or stockholders relating to or affecting the
issue of such stock;
(2) Regarding the offering:
(a) The names and addresses of the selling stockholders
and of the officers of any selling corporation and the partners
of any selling partnership;
(b) A copy of any contract concerning the sale of the
stock;
(c) A copy of a prospectus or advertisement or other
description of the stock prepared for distribution or publication in accordance with requirements prescribed by the director;
(d) A brief description of the method by which the stock
is to be offered for sale including the offering price and the
underwriting commissions and expense, if any; and
33.48.200
[Title 33 RCW—page 27]
33.48.210
Title 33 RCW: Savings and Loan Associations
(3) Such additional information as the director may
require. [1994 c 92 § 486; 1982 c 3 § 102; 1973 c 130 § 10.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
33.48.210 Permit authorizing sale of stock—Examination and investigation—Issuance or denial. Upon the
filing of the application for a permit to sell stock, the director
shall examine the application and other papers and documents filed therewith and he or she may make a detailed
examination, audit, and investigation of the association and
its affairs. If the director finds that the proposed plan for the
issue and sale of such stock is fair, just and equitable, the
director shall issue to the applicant a permit authorizing it to
issue and dispose of its stock in such amounts and for such
considerations and upon such terms and conditions as the
director may provide in the permit. If the director does not so
find he or she shall deny the application and notify the applicant in writing of his or her decision. [1994 c 92 § 487; 1982
c 3 § 103; 1973 c 130 § 11.]
33.48.210
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
33.48.220 Recitation in permit to take subscriptions
for stock. Every permit to take subscriptions for stock shall
recite in bold face type that the issuance thereof is permissive
only and does not constitute a recommendation or endorsement of the stock permitted to be issued. [1982 c 3 § 104;
1973 c 130 § 12.]
33.48.220
Severability—1982 c 3: See note following RCW 33.04.002.
The stock so purchased is included for federal estate tax purposes in determining the gross estate of a decedent, and the
amount paid for such purchase is entitled to be treated under
section 303 of the Internal Revenue Code of 1954 (68A Stat.
3; 26 U.S.C. Sec. 1), or other applicable federal statute or the
corresponding provision of any future federal revenue law, as
a distribution in full payment in exchange for the stock so
purchased, or such purchase is with the prior consent of the
director, or such purchase is pursuant to a put option contained in a plan which has been approved by the director
establishing an employee stock ownership plan for the association and its employees pursuant to the provisions of the act
of congress entitled "Employee Retirement Income Security
Act of 1974", as now constituted or hereafter amended, or
Section 409 of the Internal Revenue Code of 1954, as now
constituted or hereafter amended. Stock so purchased until
sold shall be carried as treasury stock. Upon the purchase of
any stock issued by the association, an amount equal to the
purchase price shall be set aside from earned surplus or undivided profits available for dividends to a specific reserve
account established for this purpose. Upon sale of any of such
stock, the amount relating thereto in the specific reserve
account shall be returned to the surplus or undivided profits
account (as the case may be) and shall be available for dividends. Reacquired stock shall not be resold at less than its
reacquisition cost, without the specific approval of the director, and shall not be resold or reissued except in accordance
with RCW 33.48.220 through 33.48.240. [1994 c 92 § 490;
1985 c 239 § 3; 1982 c 3 § 107; 1973 c 130 § 15.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
Severability—1973 c 130: See note following RCW 33.24.350.
33.48.260 Reduction of stock—Conditions. With the
prior consent of the director, the stock of an association may
be reduced by resolution of the board of directors approved
by the vote or written consent of the holders of a majority in
amount of the outstanding stock of the association to such
amount as the director approves. [1994 c 92 § 491; 1982 c 3
§ 108; 1973 c 130 § 16.]
33.48.260
33.48.230 Sales of stock—Imposition of conditions.
With respect to sales of stock by an association, the director
may impose conditions requiring the impoundment of the
proceeds from the sale of stock, limiting the expense in connection with the sale of such stock, and other conditions as he
or she deems reasonable and necessary or advisable to insure
the disposition of the proceeds from the sale of such stock in
the manner and for the purposes provided in the permit.
[1994 c 92 § 488; 1982 c 3 § 105; 1973 c 130 § 13.]
33.48.230
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
33.48.240 Organizing permit—Amendment, alteration, suspension, or revocation by director—Grounds.
The director may amend, alter, suspend, or revoke any permit
issued under RCW 33.48.150 if there is a violation of the
terms and conditions of the permit or if the director determines that the subscription or proposed issue and sale is no
longer fair, just, and equitable. [1994 c 92 § 489; 1982 c 3 §
106; 1973 c 130 § 14.]
33.48.240
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
33.48.250 Purchase by association of stock issued by
it—Conditions. An association may purchase stock issued
by it in an amount not to exceed the amount of earned surplus
or undivided profits available for dividends on its stock if:
33.48.250
[Title 33 RCW—page 28]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
33.48.270 Reduction of stock—Disposition of surplus. Any surplus resulting from reduction of stock shall not
be available for dividends or other distribution to stockholders except upon liquidation. [1982 c 3 § 109; 1973 c 130 §
17.]
33.48.270
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
33.48.280 Paid-in or contributed surplus or surplus
created by reduction of stock—Application and uses. An
association may, by action of its board of directors and with
the prior approval of the director, apply any part or all of any
paid-in or contributed surplus or any surplus created by
reduction of stock to the reduction or writing off of any deficit arising from losses or diminution in value of its assets, or
may transfer to or designate as a part of its federal insurance
account or any other reserve account irrevocably established
for the sole purpose of absorbing losses, any part or all of any
33.48.280
(2008 Ed.)
Satellite Facilities
Chapter 33.54
paid-in or contributed surplus or any surplus created by
reduction of stock. [1994 c 92 § 492; 1982 c 3 § 110; 1973 c
130 § 18.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
33.48.290 RCW 33.48.150 through 33.48.280 inapplicable to foreign associations. RCW 33.48.150 through
33.48.280 do not apply to foreign associations doing business
in this state pursuant to the provisions of chapter 33.32 RCW.
[1982 c 3 § 111; 1973 c 130 § 19.]
33.48.290
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
33.48.320 Waiver of chapter requirements. If, in the
opinion of the director, it is necessary for any of the requirements of this chapter to be waived in order to permit an association which is in danger of failing to convert its charter
from a mutual association to a stock association or from a
stock association to a mutual association so that the association may be acquired by an association or a savings and loan
holding company, then the director may waive any such
requirement. [1994 c 92 § 493; 1982 c 3 § 112.]
33.48.320
Severability—1982 c 3: See note following RCW 33.04.002.
Chapter 33.54
Chapter 33.54 RCW
SATELLITE FACILITIES
(See chapter 30.43 RCW)
(2008 Ed.)
[Title 33 RCW—page 29]
Title 34
ADMINISTRATIVE LAW
Title 34
Chapters
34.05 Administrative Procedure Act.
34.08 Washington State Register Act of 1977.
34.12 Office of administrative hearings.
Nonbinding effect of unpublished rules and procedures: RCW 42.56.040.
Open Public Meetings Act: Chapter 42.30 RCW.
Regulatory Fairness Act: Chapter 19.85 RCW.
State departments, adoption of rules governing: RCW 43.17.060.
State economic policy: Chapter 43.21H RCW.
State publications in gender-neutral terms: RCW 43.01.160.
Chapter 34.05
Chapter 34.05 RCW
ADMINISTRATIVE PROCEDURE ACT
Sections
34.05.001
Legislative intent.
PART I
GENERAL PROVISIONS
34.05.010
34.05.020
34.05.030
34.05.040
34.05.050
34.05.060
34.05.070
34.05.080
34.05.090
34.05.100
Definitions.
Savings—Authority of agencies to comply with chapter—
Effect of subsequent legislation.
Exclusions from chapter or parts of chapter.
Operation of chapter if in conflict with federal law.
Waiver.
Informal settlements.
Conversion of proceedings.
Variation from time limits.
Forest practices board—Emergency rules.
Respectful language.
PART II
PUBLIC ACCESS TO AGENCY RULES
34.05.210
34.05.220
34.05.230
34.05.240
34.05.250
34.05.260
Code and register—Publication and distribution—Omissions,
removals, revisions—Judicial notice.
Rules for agency procedure—Indexes of opinions and statements.
Interpretive and policy statements.
Declaratory order by agency—Petition.
Model rules of procedure.
Electronic distribution.
PART III
RULE-MAKING PROCEDURES
34.05.310
34.05.312
34.05.313
34.05.314
34.05.315
34.05.320
34.05.322
34.05.325
34.05.328
34.05.330
34.05.335
34.05.340
34.05.345
34.05.350
34.05.353
34.05.360
34.05.362
34.05.365
34.05.370
(2008 Ed.)
Prenotice inquiry—Negotiated and pilot rules.
Rules coordinator.
Feasibility studies—Pilot projects.
Rules development agenda.
Rule-making docket.
Notice of proposed rule—Contents—Distribution by
agency—Institutions of higher education.
Scope of rule-making authority.
Public participation—Concise explanatory statement.
Significant legislative rules, other selected rules.
Petition for adoption, amendment, repeal—Agency action—
Appeal.
Withdrawal of proposal—Time and manner of adoption.
Variance between proposed and final rule.
Failure to give twenty days notice of intended action—Effect.
Emergency rules and amendments.
Expedited rule making.
Order adopting rule, contents.
Postadoption notice.
Incorporation by reference.
Rule-making file.
34.05.375
34.05.380
34.05.385
34.05.390
34.05.395
Substantial compliance with procedures.
Filing with code reviser—Written record—Effective dates.
Rules for rule making.
Style, format, and numbering—Agency compliance.
Format and style of amendatory and new sections—Failure to
comply.
PART IV
ADJUDICATIVE PROCEEDINGS
34.05.410
34.05.413
34.05.416
34.05.419
34.05.422
34.05.425
34.05.428
34.05.431
34.05.434
34.05.437
34.05.440
34.05.443
34.05.446
34.05.449
34.05.452
34.05.455
34.05.458
34.05.461
34.05.464
34.05.467
34.05.470
34.05.473
34.05.476
34.05.479
34.05.4791
34.05.482
34.05.485
34.05.488
34.05.491
34.05.494
Application of Part IV.
Commencement—When required.
Decision not to conduct an adjudication.
Agency action on applications for adjudication.
Rate changes, licenses.
Presiding officers—Disqualification, substitution.
Representation.
Conference—Procedure and participation.
Notice of hearing.
Pleadings, briefs, motions, service.
Default.
Intervention.
Subpoenas, discovery, and protective orders.
Procedure at hearing.
Rules of evidence—Cross-examination.
Ex parte communications.
Separation of functions.
Entry of orders.
Review of initial orders.
Stay.
Reconsideration.
Effectiveness of orders.
Agency record.
Emergency adjudicative proceedings.
Secure community transition facility—Proceeding concerning
public safety measures.
Brief adjudicative proceedings—Applicability.
Brief adjudicative proceedings—Procedure.
Brief proceedings—Administrative review—Applicability.
Brief proceedings—Administrative review—Procedures.
Agency record in brief proceedings.
PART V
JUDICIAL REVIEW AND CIVIL ENFORCEMENT
34.05.510
34.05.514
34.05.518
34.05.522
34.05.526
34.05.530
34.05.534
34.05.542
34.05.546
34.05.550
34.05.554
34.05.558
34.05.562
34.05.566
34.05.570
34.05.574
34.05.578
34.05.582
34.05.586
34.05.588
34.05.590
34.05.594
34.05.598
Relationship between this chapter and other judicial review
authority.
Petition for review—Where filed.
Direct review by court of appeals.
Refusal of review by court of appeals.
Appellate review by supreme court or court of appeals.
Standing.
Exhaustion of administrative remedies.
Time for filing petition for review.
Petition for review—Contents.
Stay and other temporary remedies.
Limitation on new issues.
Judicial review of facts confined to record.
New evidence taken by court or agency.
Agency record for review—Costs.
Judicial review.
Type of relief.
Petition by agency for enforcement.
Petition by others for enforcement.
Defenses, limitations on.
Enforcement of agency subpoena.
Incorporation of other judicial review provisions.
Review by higher court.
Frivolous petitions.
PART VI
LEGISLATIVE REVIEW
34.05.610
Joint administrative rules review committee—Members—
Appointment—Terms—Vacancies.
[Title 34 RCW—page 1]
34.05.001
34.05.620
34.05.630
34.05.640
34.05.650
34.05.655
34.05.660
34.05.665
34.05.671
34.05.675
34.05.681
Title 34 RCW: Administrative Law
Review of proposed rules—Notice.
Review of existing rules—Policy and interpretive statements,
etc.—Notice—Hearing.
Committee objections to agency intended action—Statement
in register and WAC—Suspension of rule.
Recommendations by committee to legislature.
Petition for review.
Review and objection procedures—No presumption established.
Submission of rule for review—State employees protected.
Reports—Advisory boards—Staff.
Inspection of properties—Oaths, subpoenas, witnesses, depositions.
Enforcement—Committee subpoena—Refusal to testify.
PART IX
TECHNICAL PROVISIONS
34.05.900
34.05.901
34.05.902
34.05.903
Captions and headings.
Severability—1988 c 288.
Effective date—Application—1988 c 288.
Severability—1998 c 280.
Nonbinding effect of unpublished rules and procedures: RCW 42.56.040.
Not applicable to the following proceedings and agreements: RCW
2.64.092, 41.56.452, 41.76.070, 47.64.310, 70.24.370, and 74.36.120.
34.05.001 Legislative intent. The legislature intends,
by enacting this 1988 Administrative Procedure Act, to clarify the existing law of administrative procedure, to achieve
greater consistency with other states and the federal government in administrative procedure, and to provide greater public and legislative access to administrative decision making.
The legislature intends that to the greatest extent possible and
unless this chapter clearly requires otherwise, current agency
practices and court decisions interpreting the Administrative
Procedure Act in effect before July 1, 1989, shall remain in
effect. The legislature also intends that the courts should
interpret provisions of this chapter consistently with decisions of other courts interpreting similar provisions of other
states, the federal government, and model acts. [1988 c 288
§ 18.]
34.05.001
PART I
GENERAL PROVISIONS
34.05.010 Definitions. The definitions set forth in this
section shall apply throughout this chapter, unless the context
clearly requires otherwise.
(1) "Adjudicative proceeding" means a proceeding
before an agency in which an opportunity for hearing before
that agency is required by statute or constitutional right
before or after the entry of an order by the agency. Adjudicative proceedings also include all cases of licensing and rate
making in which an application for a license or rate change is
denied except as limited by RCW 66.08.150, or a license is
revoked, suspended, or modified, or in which the granting of
an application is contested by a person having standing to
contest under the law.
(2) "Agency" means any state board, commission,
department, institution of higher education, or officer, authorized by law to make rules or to conduct adjudicative proceedings, except those in the legislative or judicial branches,
the governor, or the attorney general except to the extent otherwise required by law and any local governmental entity that
may request the appointment of an administrative law judge
under chapter 42.41 RCW.
34.05.010
[Title 34 RCW—page 2]
(3) "Agency action" means licensing, the implementation or enforcement of a statute, the adoption or application
of an agency rule or order, the imposition of sanctions, or the
granting or withholding of benefits.
Agency action does not include an agency decision
regarding (a) contracting or procurement of goods, services,
public works, and the purchase, lease, or acquisition by any
other means, including eminent domain, of real estate, as well
as all activities necessarily related to those functions, or (b)
determinations as to the sufficiency of a showing of interest
filed in support of a representation petition, or mediation or
conciliation of labor disputes or arbitration of labor disputes
under a collective bargaining law or similar statute, or (c) any
sale, lease, contract, or other proprietary decision in the management of public lands or real property interests, or (d) the
granting of a license, franchise, or permission for the use of
trademarks, symbols, and similar property owned or controlled by the agency.
(4) "Agency head" means the individual or body of individuals in whom the ultimate legal authority of the agency is
vested by any provision of law. If the agency head is a body
of individuals, a majority of those individuals constitutes the
agency head.
(5) "Entry" of an order means the signing of the order by
all persons who are to sign the order, as an official act indicating that the order is to be effective.
(6) "Filing" of a document that is required to be filed
with an agency means delivery of the document to a place
designated by the agency by rule for receipt of official documents, or in the absence of such designation, at the office of
the agency head.
(7) "Institutions of higher education" are the University
of Washington, Washington State University, Central Washington University, Eastern Washington University, Western
Washington University, The Evergreen State College, the
various community colleges, and the governing boards of
each of the above, and the various colleges, divisions, departments, or offices authorized by the governing board of the
institution involved to act for the institution, all of which are
sometimes referred to in this chapter as "institutions."
(8) "Interpretive statement" means a written expression
of the opinion of an agency, entitled an interpretive statement
by the agency head or its designee, as to the meaning of a statute or other provision of law, of a court decision, or of an
agency order.
(9)(a) "License" means a franchise, permit, certification,
approval, registration, charter, or similar form of authorization required by law, but does not include (i) a license
required solely for revenue purposes, or (ii) a certification of
an exclusive bargaining representative, or similar status,
under a collective bargaining law or similar statute, or (iii) a
license, franchise, or permission for use of trademarks, symbols, and similar property owned or controlled by the agency.
(b) "Licensing" includes the agency process respecting
the issuance, denial, revocation, suspension, or modification
of a license.
(10) "Mail" or "send," for purposes of any notice relating
to rule making or policy or interpretive statements, means
regular mail or electronic distribution, as provided in RCW
34.05.260. "Electronic distribution" or "electronically"
means distribution by electronic mail or facsimile mail.
(2008 Ed.)
Administrative Procedure Act
(11)(a) "Order," without further qualification, means a
written statement of particular applicability that finally determines the legal rights, duties, privileges, immunities, or other
legal interests of a specific person or persons.
(b) "Order of adoption" means the official written statement by which an agency adopts, amends, or repeals a rule.
(12) "Party to agency proceedings," or "party" in a context so indicating, means:
(a) A person to whom the agency action is specifically
directed; or
(b) A person named as a party to the agency proceeding
or allowed to intervene or participate as a party in the agency
proceeding.
(13) "Party to judicial review or civil enforcement proceedings," or "party" in a context so indicating, means:
(a) A person who files a petition for a judicial review or
civil enforcement proceeding; or
(b) A person named as a party in a judicial review or civil
enforcement proceeding, or allowed to participate as a party
in a judicial review or civil enforcement proceeding.
(14) "Person" means any individual, partnership, corporation, association, governmental subdivision or unit thereof,
or public or private organization or entity of any character,
and includes another agency.
(15) "Policy statement" means a written description of
the current approach of an agency, entitled a policy statement
by the agency head or its designee, to implementation of a
statute or other provision of law, of a court decision, or of an
agency order, including where appropriate the agency’s current practice, procedure, or method of action based upon that
approach.
(16) "Rule" means any agency order, directive, or regulation of general applicability (a) the violation of which subjects a person to a penalty or administrative sanction; (b)
which establishes, alters, or revokes any procedure, practice,
or requirement relating to agency hearings; (c) which establishes, alters, or revokes any qualification or requirement
relating to the enjoyment of benefits or privileges conferred
by law; (d) which establishes, alters, or revokes any qualifications or standards for the issuance, suspension, or revocation of licenses to pursue any commercial activity, trade, or
profession; or (e) which establishes, alters, or revokes any
mandatory standards for any product or material which must
be met before distribution or sale. The term includes the
amendment or repeal of a prior rule, but does not include (i)
statements concerning only the internal management of an
agency and not affecting private rights or procedures available to the public, (ii) declaratory rulings issued pursuant to
RCW 34.05.240, (iii) traffic restrictions for motor vehicles,
bicyclists, and pedestrians established by the secretary of
transportation or his designee where notice of such restrictions is given by official traffic control devices, or (iv) rules
of institutions of higher education involving standards of
admission, academic advancement, academic credit, graduation and the granting of degrees, employment relationships,
or fiscal processes.
(17) "Rules review committee" or "committee" means
the joint administrative rules review committee created pursuant to RCW 34.05.610 for the purpose of selectively
reviewing existing and proposed rules of state agencies.
(2008 Ed.)
34.05.030
(18) "Rule making" means the process for formulation
and adoption of a rule.
(19) "Service," except as otherwise provided in this
chapter, means posting in the United States mail, properly
addressed, postage prepaid, or personal service. Service by
mail is complete upon deposit in the United States mail.
Agencies may, by rule, authorize service by electronic telefacsimile transmission, where copies are mailed simultaneously, or by commercial parcel delivery company. [1997 c
126 § 2; 1992 c 44 § 10; 1989 c 175 § 1; 1988 c 288 § 101;
1982 c 10 § 5. Prior: 1981 c 324 § 2; 1981 c 183 § 1; 1967 c
237 § 1; 1959 c 234 § 1. Formerly RCW 34.04.010.]
Effective dates—Severability—1992 c 44: See RCW 42.41.901 and
42.41.902.
Effective dates—1989 c 175: "Sections 1 through 35 and 37 through
185 of this act are necessary for the immediate preservation of the public
peace, health, or safety, or the support of the state government and its existing public institutions, and shall take effect on July 1, 1989. Section 36 of
this act shall take effect on July 1, 1990." [1989 c 175 § 186.]
Severability—1982 c 10: See note following RCW 6.13.080.
Legislative affirmation—1981 c 324: "The legislature affirms that all
rule-making authority of state agencies and institutions of higher education
is a function delegated by the legislature, and as such, shall be exercised pursuant to the conditions and restrictions contained in this act." [1981 c 324 §
1.]
Severability—1981 c 324: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1981 c 324 § 18.]
34.05.020 Savings—Authority of agencies to comply
with chapter—Effect of subsequent legislation. Nothing
in this chapter may be held to diminish the constitutional
rights of any person or to limit or repeal additional requirements imposed by statute or otherwise recognized by law.
Except as otherwise required by law, all requirements or privileges relating to evidence or procedure shall apply equally to
agencies and persons. Every agency is granted all authority
necessary to comply with the requirements of this chapter
through the issuance of rules or otherwise. No subsequent
legislation shall be held to supersede or modify the provisions of this chapter or its applicability to any agency except
to the extent that such legislation shall do so expressly. [1988
c 288 § 102; 1967 c 237 § 24. Formerly RCW 34.04.940.]
34.05.020
34.05.030 Exclusions from chapter or parts of chapter. (1) This chapter shall not apply to:
(a) The state militia, or
(b) The board of clemency and pardons, or
(c) The department of corrections or the indeterminate
sentencing review board with respect to persons who are in
their custody or are subject to the jurisdiction of those agencies.
(2) The provisions of RCW 34.05.410 through 34.05.598
shall not apply:
(a) To adjudicative proceedings of the board of industrial
insurance appeals except as provided in RCW 7.68.110 and
51.48.131;
(b) Except for actions pursuant to chapter 46.29 RCW, to
the denial, suspension, or revocation of a driver’s license by
the department of licensing;
(c) To the department of labor and industries where
another statute expressly provides for review of adjudicative
34.05.030
[Title 34 RCW—page 3]
34.05.040
Title 34 RCW: Administrative Law
proceedings of a department action, order, decision, or award
before the board of industrial insurance appeals;
(d) To actions of the Washington personnel resources
board or the director of personnel;
(e) To adjustments by the department of revenue of the
amount of the surcharge imposed under RCW 82.04.261; or
(f) To the extent they are inconsistent with any provisions of chapter 43.43 RCW.
(3) Unless a party makes an election for a formal hearing
pursuant to RCW 82.03.140 or 82.03.190, RCW 34.05.410
through 34.05.598 do not apply to a review hearing conducted by the board of tax appeals.
(4) The rule-making provisions of this chapter do not
apply to:
(a) Reimbursement unit values, fee schedules, arithmetic
conversion factors, and similar arithmetic factors used to
determine payment rates that apply to goods and services
purchased under contract for clients eligible under chapter
74.09 RCW; and
(b) Adjustments by the department of revenue of the
amount of the surcharge imposed under RCW 82.04.261.
(5) All other agencies, whether or not formerly specifically excluded from the provisions of all or any part of the
Administrative Procedure Act, shall be subject to the entire
act. [2006 c 300 § 4; 2002 c 354 § 225; 1994 c 39 § 1; 1993
c 281 § 15; 1989 c 175 § 2; 1988 c 288 § 103; 1984 c 141 §
8; 1982 c 221 § 6; 1981 c 64 § 2; 1979 c 158 § 90; 1971 ex.s.
c 57 § 17; 1971 c 21 § 1; 1967 ex.s. c 71 § 1; 1967 c 237 § 7;
1963 c 237 § 1; 1959 c 234 § 15. Formerly RCW 34.04.150.]
Effective dates—Contingent effective date—2006 c 300: See note
following RCW 82.04.261.
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date—1993 c 281: See note following RCW 41.06.022.
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.040 Operation of chapter if in conflict with federal law. If any part of this chapter is found to be in conflict
with federal requirements which are a condition precedent to
the allocation of federal funds to the state, the conflicting part
of this chapter is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and
such findings or determination shall not affect the operation
of the remainder of this chapter in its application to the agencies concerned. [1988 c 288 § 104; 1959 c 234 § 19. Formerly RCW 34.04.930.]
34.05.040
34.05.050 Waiver. Except to the extent precluded by
another provision of law, a person may waive any right conferred upon that person by this chapter. [1988 c 288 § 105.]
34.05.050
34.05.060 Informal settlements. Except to the extent
precluded by another provision of law and subject to
approval by agency order, informal settlement of matters that
may make unnecessary more elaborate proceedings under
this chapter is strongly encouraged. Agencies may establish
by rule specific procedures for attempting and executing
informal settlement of matters. This section does not require
any party or other person to settle a matter. [1988 c 288 §
106.]
34.05.060
[Title 34 RCW—page 4]
34.05.070 Conversion of proceedings. (1) If it
becomes apparent during the course of an adjudicative or
rule-making proceeding undertaken pursuant to this chapter
that another form of proceeding under this chapter is necessary, is in the public interest, or is more appropriate to resolve
issues affecting the participants, on his or her own motion or
on the motion of any party, the presiding officer or other official responsible for the original proceeding shall advise the
parties of necessary steps for conversion and, if within the
official’s power, commence the new proceeding. If the
agency refuses to convert to another proceeding, that decision
is not subject to judicial review. Commencement of the new
proceeding shall be accomplished pursuant to the procedural
rules of the new proceeding, except that elements already
performed need not be repeated.
(2) If appropriate, a new proceeding may be commenced
independently of the original proceeding or may replace the
original proceeding.
(3) Conversion to a replacement proceeding shall not be
undertaken if the rights of any party will be substantially prejudiced.
(4) To the extent feasible the record of the original proceeding shall be included in the record of a replacement proceeding.
(5) The time of commencement of a replacement proceeding shall be considered to be the time of commencement
of the original proceeding. [1988 c 288 § 107.]
34.05.070
34.05.080 Variation from time limits. (1) An agency
may modify time limits established in this chapter only as set
forth in this section. An agency may not modify time limits
relating to rule-making procedures or the time limits for filing a petition for judicial review specified in RCW
34.05.542.
(2) The time limits set forth in this chapter may be modified by rule of the agency or by rule of the chief administrative law judge if:
(a) The agency has an agency head composed of a body
of individuals serving part time who do not regularly meet on
a schedule that would allow compliance with the time limits
of this chapter in the normal course of agency affairs;
(b) The agency does not have a permanent staff to comply with the time limits set forth in this chapter without substantial loss of efficiency and economy; and
(c) The rights of persons dealing with the agency are not
substantially impaired.
(3) The time limits set forth in this chapter may be modified by rule if the agency determines that the change is necessary to the performance of its statutory duties. Agency rule
may provide for emergency variation when required in a specific case.
(4) Time limits may be changed pursuant to RCW
34.05.040.
(5) Time limits may be waived pursuant to RCW
34.05.050.
(6) Any modification in the time limits set forth in this
chapter shall be to new time limits that are reasonable under
the specific circumstances.
(7) In an adjudicative proceeding, any agency whose
time limits vary from those set forth in this chapter shall provide reasonable and adequate notice of the pertinent time lim34.05.080
(2008 Ed.)
Administrative Procedure Act
its to persons affected. The notice may be given by the presiding or reviewing officer involved in the proceeding.
(8) Two years after July 1, 1989, the chief administrative
law judge shall cause a survey to be made of variations by
agencies from the time limits set forth in this chapter, and
shall submit a written report of the results of the survey to the
office of the governor. [1989 c 175 § 3; 1988 c 288 § 108.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.090 Forest practices board—Emergency rules.
Emergency rules adopted by the forest practices board pertaining to forest practices and the protection of aquatic
resources are subject to this chapter to the extent provided in
RCW 76.09.055. [1999 sp.s. c 4 § 202.]
34.05.090
Effective date—1999 sp.s. c 4 §§ 201, 202, and 203: See note following RCW 76.09.055.
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
34.05.100 Respectful language. (1) All agency orders
creating new rules, or amending existing rules, shall be formulated in accordance with the requirements of RCW
44.04.280 regarding the use of respectful language.
(2) No agency rule is invalid because it does not comply
with this section. [2004 c 175 § 2.]
34.05.100
PART II
PUBLIC ACCESS TO AGENCY RULES
34.05.210 Code and register—Publication and distribution—Omissions, removals, revisions—Judicial notice.
(1) The code reviser shall cause the Washington Administrative Code to be compiled, indexed by subject, and published.
All current, permanently effective rules of each agency shall
be published in the Washington Administrative Code. Compilations shall be supplemented or revised as often as necessary and at least annually in a form compatible with the main
compilation.
(2) Subject to the provisions of this chapter, the code
reviser shall prescribe a uniform numbering system, form,
and style for all proposed and adopted rules.
(3) The code reviser shall publish a register setting forth
the text of all rules filed during the appropriate register publication period.
(4) The code reviser may omit from the register or the
compilation, rules that would be unduly cumbersome, expensive, or otherwise inexpedient to publish, if such rules are
made available in printed or processed form on application to
the adopting agency, and if the register or compilation contains a notice stating the general subject matter of the rules so
omitted and stating how copies thereof may be obtained.
(5) The code reviser may edit and revise rules for publication, codification, and compilation, without changing the
meaning of any such rule.
(6) When a rule, in whole or in part, is declared invalid
and unconstitutional by a court of final appeal, the adopting
agency shall give notice to that effect in the register. With the
consent of the attorney general, the code reviser may remove
obsolete rules or parts of rules from the Washington Administrative Code when:
34.05.210
(2008 Ed.)
34.05.220
(a) The rules are declared unconstitutional by a court of
final appeal; or
(b) The adopting agency ceases to exist and the rules are
not transferred by statute to a successor agency.
(7) Compilations shall be made available, in written
form to (a) state elected officials whose offices are created by
Article II or III of the state Constitution or by RCW
48.02.010, upon request, (b) the secretary of the senate and
the chief clerk of the house for committee use, as required,
but not to exceed the number of standing committees in each
body, (c) county boards of law library trustees and to the
Olympia press corps library, and (d) other persons at a price
fixed by the code reviser.
(8) The board of law library trustees of each county shall
keep and maintain a complete and current set of registers and
compilations when required for use and inspection as provided in chapter 27.24 RCW. If the register is published
exclusively by electronic means on the code reviser web site,
providing on-site access to the electronic version of the register shall satisfy the requirements of this subsection for access
to the register.
(9) Registers shall be made available in written form to
the same parties and under the same terms as those listed in
subsection (7) of this section, unless the register is published
exclusively by electronic means on the code reviser web site.
(10) Judicial notice shall be taken of rules filed and published as provided in RCW 34.05.380 and this section. [2007
c 456 § 3; 1988 c 288 § 201; 1982 1st ex.s. c 32 § 7; 1980 c
186 § 12; 1977 ex.s. c 240 § 9; 1959 c 234 § 5. Formerly
RCW 34.04.050.]
Severability—1980 c 186: See note following RCW 34.05.320.
Effective date—Severability—1977 ex.s. c 240: See RCW 34.08.905
and 34.08.910.
Nonbinding effect of unpublished rules and procedures: RCW 42.56.040.
34.05.220 Rules for agency procedure—Indexes of
opinions and statements. (1) In addition to other rule-making requirements imposed by law:
(a) Each agency may adopt rules governing the formal
and informal procedures prescribed or authorized by this
chapter and rules of practice before the agency, together with
forms and instructions. If an agency has not adopted procedural rules under this section, the model rules adopted by the
chief administrative law judge under RCW 34.05.250 govern
procedures before the agency.
(b) To assist interested persons dealing with it, each
agency shall adopt as a rule a description of its organization,
stating the general course and method of its operations and
the methods whereby the public may obtain information and
make submissions or requests. No person may be required to
comply with agency procedure not adopted as a rule as herein
required.
(2) To the extent not prohibited by federal law or regulation, nor prohibited for reasons of confidentiality by state
law, each agency shall keep on file for public inspection all
final orders, decisions, and opinions in adjudicative proceedings, interpretive statements, policy statements, and any
digest or index to those orders, decisions, opinions, or statements prepared by or for the agency.
(3) No agency order, decision, or opinion is valid or
effective against any person, nor may it be invoked by the
34.05.220
[Title 34 RCW—page 5]
34.05.230
Title 34 RCW: Administrative Law
agency for any purpose, unless it is available for public
inspection. This subsection is not applicable in favor of any
person who has actual knowledge of the order, decision, or
opinion. The agency has the burden of proving that knowledge, but may meet that burden by proving that the person
has been properly served with a copy of the order.
(4) Each agency that is authorized by law to exercise discretion in deciding individual cases is encouraged to formalize the general principles that may evolve from these decisions by adopting the principles as rules that the agency will
follow until they are amended or repealed.
(5) To the extent practicable, any rule proposed or
adopted by an agency should be clearly and simply stated, so
that it can be understood by those required to comply.
(6) The departments of employment security, labor and
industries, ecology, and revenue shall develop and use a notification process to communicate information to the public
regarding the postadoption notice required by RCW
34.05.362. [2003 c 246 § 2; 1994 c 249 § 24; 1989 c 175 § 4;
1988 c 288 § 202; 1981 c 67 § 13; 1967 c 237 § 2; 1959 c 234
§ 2. Formerly RCW 34.04.020.]
Finding—2003 c 246: See note following RCW 34.05.362.
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
34.05.230 Interpretive and policy statements. (1) An
agency is encouraged to advise the public of its current opinions, approaches, and likely courses of action by means of
interpretive or policy statements. Current interpretive and
policy statements are advisory only. To better inform and
involve the public, an agency is encouraged to convert longstanding interpretive and policy statements into rules.
(2) A person may petition an agency requesting the conversion of interpretive and policy statements into rules. Upon
submission, the agency shall notify the joint administrative
rules review committee of the petition. Within sixty days
after submission of a petition, the agency shall either deny the
petition in writing, stating its reasons for the denial, or initiate
rule-making proceedings in accordance with this chapter.
(3) Each agency shall maintain a roster of interested persons, consisting of persons who have requested in writing to
be notified of all interpretive and policy statements issued by
that agency. Each agency shall update the roster periodically
and eliminate persons who do not indicate a desire to continue on the roster. Whenever an agency issues an interpretive or policy statement, it shall send a copy of the statement
to each person listed on the roster. The agency may charge a
nominal fee to the interested person for this service.
(4) Whenever an agency issues an interpretive or policy
statement, it shall submit to the code reviser for publication in
the Washington State Register a statement describing the
subject matter of the interpretive or policy statement, and listing the person at the agency from whom a copy of the interpretive or policy statement may be obtained. [2004 c 31 § 3;
2001 c 25 § 1; 1997 c 409 § 202; 1996 c 206 § 12; 1995 c 403
§ 702; 1988 c 288 § 203.]
34.05.230
Part headings—Severability—1997 c 409: See notes following RCW
43.22.051.
[Title 34 RCW—page 6]
Findings—1996 c 206: See note following RCW 43.05.030.
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
34.05.240 Declaratory order by agency—Petition.
(1) Any person may petition an agency for a declaratory order
with respect to the applicability to specified circumstances of
a rule, order, or statute enforceable by the agency. The petition shall set forth facts and reasons on which the petitioner
relies to show:
(a) That uncertainty necessitating resolution exists;
(b) That there is actual controversy arising from the
uncertainty such that a declaratory order will not be merely
an advisory opinion;
(c) That the uncertainty adversely affects the petitioner;
(d) That the adverse effect of uncertainty on the petitioner outweighs any adverse effects on others or on the general public that may likely arise from the order requested; and
(e) That the petition complies with any additional
requirements established by the agency under subsection (2)
of this section.
(2) Each agency may adopt rules that provide for: (a)
The form, contents, and filing of petitions for a declaratory
order; (b) the procedural rights of persons in relation thereto;
and (c) the disposition of those petitions. These rules may
include a description of the classes of circumstances in which
the agency will not enter a declaratory order and shall be consistent with the public interest and with the general policy of
this chapter to facilitate and encourage agencies to provide
reliable advice.
(3) Within fifteen days after receipt of a petition for a
declaratory order, the agency shall give notice of the petition
to all persons to whom notice is required by law, and may
give notice to any other person it deems desirable.
(4) RCW 34.05.410 through 34.05.494 apply to agency
proceedings for declaratory orders only to the extent an
agency so provides by rule or order.
(5) Within thirty days after receipt of a petition for a
declaratory order an agency, in writing, shall do one of the
following:
(a) Enter an order declaring the applicability of the statute, rule, or order in question to the specified circumstances;
(b) Set the matter for specified proceedings to be held no
more than ninety days after receipt of the petition;
(c) Set a specified time no more than ninety days after
receipt of the petition by which it will enter a declaratory
order; or
(d) Decline to enter a declaratory order, stating the reasons for its action.
(6) The time limits of subsection (5) (b) and (c) of this
section may be extended by the agency for good cause.
(7) An agency may not enter a declaratory order that
would substantially prejudice the rights of a person who
would be a necessary party and who does not consent in writing to the determination of the matter by a declaratory order
proceeding.
(8) A declaratory order has the same status as any other
order entered in an agency adjudicative proceeding. Each
declaratory order shall contain the names of all parties to the
34.05.240
(2008 Ed.)
Administrative Procedure Act
proceeding on which it is based, the particular facts on which
it is based, and the reasons for its conclusions. [1988 c 288 §
204; 1959 c 234 § 8. Formerly RCW 34.04.080.]
34.05.250
34.05.250 Model rules of procedure. The chief administrative law judge shall adopt model rules of procedure
appropriate for use by as many agencies as possible. The
model rules shall deal with all general functions and duties
performed in common by the various agencies. Each agency
shall adopt as much of the model rules as is reasonable under
its circumstances. Any agency adopting a rule of procedure
that differs from the model rules shall include in the order of
adoption a finding stating the reasons for variance. [1988 c
288 § 205.]
34.05.260
34.05.260 Electronic distribution. (1) In order to provide the greatest possible access to agency documents to the
most people, agencies are encouraged to make their rule,
interpretive, and policy information available through electronic distribution as well as through the regular mail. Agencies that have the capacity to transmit electronically may ask
persons who are on mailing lists or rosters for copies of interpretive statements, policy statements, preproposal statements
of inquiry, and other similar notices whether they would like
to receive the notices electronically.
(2) Electronic distribution to persons who request it may
substitute for mailed copies related to rule making or policy
or interpretive statements. If a notice is distributed electronically, the agency is not required to transmit the actual notice
form but must send all the information contained in the
notice.
(3) Agencies which maintain mailing lists or rosters for
any notices relating to rule making or policy or interpretive
statements may establish different rosters or lists by general
subject area. [1997 c 126 § 1.]
PART III
RULE-MAKING PROCEDURES
34.05.310
34.05.310 Prenotice inquiry—Negotiated and pilot
rules. (1) To meet the intent of providing greater public
access to administrative rule making and to promote consensus among interested parties, agencies shall solicit comments
from the public on a subject of possible rule making before
filing with the code reviser a notice of proposed rule making
under RCW 34.05.320. The agency shall prepare a statement
of inquiry that:
(a) Identifies the specific statute or statutes authorizing
the agency to adopt rules on this subject;
(b) Discusses why rules on this subject may be needed
and what they might accomplish;
(c) Identifies other federal and state agencies that regulate this subject, and describes the process whereby the
agency would coordinate the contemplated rule with these
agencies;
(d) Discusses the process by which the rule might be
developed, including, but not limited to, negotiated rule making, pilot rule making, or agency study;
(2008 Ed.)
34.05.310
(e) Specifies the process by which interested parties can
effectively participate in the decision to adopt a new rule and
formulation of a proposed rule before its publication.
The statement of inquiry shall be filed with the code
reviser for publication in the state register at least thirty days
before the date the agency files notice of proposed rule making under RCW 34.05.320 and the statement, or a summary
of the information contained in that statement, shall be sent to
any party that has requested receipt of the agency’s statements of inquiry.
(2) Agencies are encouraged to develop and use new
procedures for reaching agreement among interested parties
before publication of notice and the adoption hearing on a
proposed rule. Examples of new procedures include, but are
not limited to:
(a) Negotiated rule making by which representatives of
an agency and of the interests that are affected by a subject of
rule making, including, where appropriate, county and city
representatives, seek to reach consensus on the terms of the
proposed rule and on the process by which it is negotiated;
and
(b) Pilot rule making which includes testing the feasibility of complying with or administering draft new rules or
draft amendments to existing rules through the use of volunteer pilot groups in various areas and circumstances, as provided in RCW 34.05.313 or as otherwise provided by the
agency.
(3)(a) An agency must make a determination whether
negotiated rule making, pilot rule making, or another process
for generating participation from interested parties prior to
development of the rule is appropriate.
(b) An agency must include a written justification in the
rule-making file if an opportunity for interested parties to
participate in the rule-making process prior to publication of
the proposed rule has not been provided.
(4) This section does not apply to:
(a) Emergency rules adopted under RCW 34.05.350;
(b) Rules relating only to internal governmental operations that are not subject to violation by a nongovernment
party;
(c) Rules adopting or incorporating by reference without
material change federal statutes or regulations, Washington
state statutes, rules of other Washington state agencies,
shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by
Washington state law, national consensus codes that generally establish industry standards, if the material adopted or
incorporated regulates the same subject matter and conduct
as the adopting or incorporating rule;
(d) Rules that only correct typographical errors, make
address or name changes, or clarify language of a rule without changing its effect;
(e) Rules the content of which is explicitly and specifically dictated by statute;
(f) Rules that set or adjust fees or rates pursuant to legislative standards; or
(g) Rules that adopt, amend, or repeal:
(i) A procedure, practice, or requirement relating to
agency hearings; or
(ii) A filing or related process requirement for applying
to an agency for a license or permit. [2004 c 31 § 1; 1995 c
[Title 34 RCW—page 7]
34.05.312
Title 34 RCW: Administrative Law
403 § 301; 1994 c 249 § 1; 1993 c 202 § 2; 1989 c 175 § 5;
1988 c 288 § 301.]
Application—1995 c 403 §§ 201, 301-305, 401-405, and 801: See
note following RCW 34.05.328.
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Severability—1994 c 249: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1994 c 249 § 38.]
Application—1994 c 249: "This act applies prospectively only and not
retroactively." [1994 c 249 § 36.]
Finding—Intent—1993 c 202: "The legislature finds that while the
1988 Administrative Procedure Act expanded public participation in the
agency rule-making process, there continue to be instances when participants
have developed adversarial relationships with each other, resulting in the
inability to identify all of the issues, the failure to focus on solutions to problems, unnecessary delays, litigation, and added cost to the agency, affected
parties, and the public in general.
When interested parties work together, it is possible to negotiate development of a rule that is acceptable to all affected, and that conforms to the
intent of the statute the rule is intended to implement.
After a rule is adopted, unanticipated negative impacts may emerge.
Examples include excessive costs of administration for the agency and compliance by affected parties, technical conditions that may be physically or
economically unfeasible to meet, problems of interpretation due to lack of
clarity, and reporting requirements that duplicate or conflict with those
already in place.
It is therefore the intent of the legislature to encourage flexible
approaches to developing administrative rules, including but not limited to
negotiated rule making and a process for testing the feasibility of adopted
rules, often called the pilot rule process. However, nothing in chapter 202,
Laws of 1993 shall be construed to create any mandatory duty for an agency
to use the procedures in RCW 34.05.310 or 34.05.313 in any particular
instance of rule making. Agencies shall determine, in their discretion, when
it is appropriate to use these procedures." [1993 c 202 § 1.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Rules coordinator duties regarding business: RCW 43.17.310.
34.05.312 Rules coordinator. Each agency shall designate a rules coordinator, who shall have knowledge of the
subjects of rules being proposed or prepared within the
agency for proposal, maintain the records of any such action,
and respond to public inquiries about possible, proposed, or
adopted rules and the identity of agency personnel working,
reviewing, or commenting on them. The office and mailing
address of the rules coordinator shall be published in the state
register at the time of designation and maintained thereafter
on the code reviser web site for the duration of the designation. The rules coordinator may be an employee of another
agency. [2007 c 456 § 4; 2003 c 246 § 4; 1993 c 202 § 3.]
34.05.312
Finding—2003 c 246: See note following RCW 34.05.362.
Finding—Intent—1993 c 202: See note following RCW 34.05.310.
34.05.313 Feasibility studies—Pilot projects. (1) During the development of a rule or after its adoption, an agency
may develop methods for measuring or testing the feasibility
of complying with or administering the rule and for identifying simple, efficient, and economical alternatives for achieving the goal of the rule. A pilot project shall include public
notice, participation by volunteers who are or will be subject
to the rule, a high level of involvement from agency management, reasonable completion dates, and a process by which
one or more parties may withdraw from the process or the
34.05.313
[Title 34 RCW—page 8]
process may be terminated. Volunteers who agree to test a
rule and attempt to meet the requirements of the draft rule, to
report periodically to the proposing agency on the extent of
their ability to meet the requirements of the draft rule, and to
make recommendations for improving the draft rule shall not
be obligated to comply fully with the rule being tested nor be
subject to any enforcement action or other sanction for failing
to comply with the requirements of the draft rule.
(2) An agency conducting a pilot rule project authorized
under subsection (1) of this section may waive one or more
provisions of agency rules otherwise applicable to participants in such a pilot project if the agency first determines that
such a waiver is in the public interest and necessary to conduct the project. Such a waiver may be only for a stated
period of time, not to exceed the duration of the project.
(3) The findings of the pilot project should be widely
shared and, where appropriate, adopted as amendments to the
rule.
(4) If an agency conducts a pilot rule project in lieu of
meeting the requirements of the regulatory fairness act, chapter 19.85 RCW, the agency shall ensure the following conditions are met:
(a) If over ten small businesses are affected, there shall
be at least ten small businesses in the test group and at least
one-half of the volunteers participating in the pilot test group
shall be small businesses.
(b)(i) If there are at least one hundred businesses
affected, the participation by small businesses in the test
group shall be as follows:
(A) Not less than twenty percent of the small businesses
must employ twenty-six to fifty employees;
(B) Not less than twenty percent of the small businesses
must employ eleven to twenty-six employees; and
(C) Not less than twenty percent of the small businesses
must employ zero to ten employees.
(ii) If there do not exist a sufficient number of small businesses in each size category set forth in (b)(i) of this subsection willing to participate in the pilot project to meet the minimum requirements of that subsection, then the agency must
comply with this section to the maximum extent practicable.
(c) The agency may not terminate the pilot project before
completion.
(d) Before filing the notice of proposed rule making pursuant to RCW 34.05.320, the agency must prepare a report of
the pilot rule project that includes:
(i) A description of the difficulties small businesses had
in complying with the pilot rule;
(ii) A list of the recommended revisions to the rule to
make compliance with the rule easier or to reduce the cost of
compliance with the rule by the small businesses participating in the pilot rule project;
(iii) A written statement explaining the options it considered to resolve each of the difficulties described and a statement explaining its reasons for not including a recommendation by the pilot test group to revise the rule; and
(iv) If the agency was unable to meet the requirements
set forth in (b)(i) of this subsection, a written explanation of
why it was unable to do so and the steps the agency took to
include small businesses in the pilot project. [1995 c 403 §
303; 1993 c 202 § 4.]
(2008 Ed.)
Administrative Procedure Act
Application—1995 c 403 §§ 201, 301-305, 401-405, and 801: See
note following RCW 34.05.328.
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Finding—Intent—1993 c 202: See note following RCW 34.05.310.
34.05.314 Rules development agenda. Each state
agency shall prepare a semiannual agenda for rules under
development. The agency shall file the agenda with the code
reviser for publication in the state register not later than January 31st and July 31st of each year. Not later than three days
after its publication in the state register, the agency shall send
a copy of the agenda to each person who has requested
receipt of a copy of the agenda. The agency shall also submit
the agenda to the director of financial management, the rules
review committee, and any other state agency that may reasonably be expected to have an interest in the subject of rules
that will be developed. [1997 c 409 § 206.]
34.05.314
Part headings—Severability—1997 c 409: See notes following RCW
43.22.051.
34.05.315 Rule-making docket. (1) Each agency shall
maintain a current public rule-making docket. The rule-making docket shall contain the information specified in subsection (3) of this section.
(2) The rule-making docket shall contain a listing of each
pending rule-making proceeding. A rule-making proceeding
is pending from the time it is commenced by publication of a
notice of proposed rule adoption under RCW 34.05.320 until
the proposed rule is withdrawn under RCW 34.05.335 or is
adopted by the agency.
(3) For each rule-making proceeding, the docket shall
indicate all of the following:
(a) The name and address of agency personnel responsible for the proposed rule;
(b) The subject of the proposed rule;
(c) A citation to all notices relating to the proceeding that
have been published in the state register under RCW
34.05.320;
(d) The place where written submissions about the proposed rule may be inspected;
(e) The time during which written submissions will be
accepted;
(f) The current timetable established for the agency proceeding, including the time and place of any rule-making
hearing, the date of the rule’s adoption, filing, publication,
and its effective date. [1989 c 175 § 6; 1988 c 288 § 302.]
34.05.315
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.320 Notice of proposed rule—Contents—Distribution by agency—Institutions of higher education. (1)
At least twenty days before the rule-making hearing at which
the agency receives public comment regarding adoption of a
rule, the agency shall cause notice of the hearing to be published in the state register. The publication constitutes the
proposal of a rule. The notice shall include all of the following:
34.05.320
(2008 Ed.)
34.05.320
(a) A title, a description of the rule’s purpose, and any
other information which may be of assistance in identifying
the rule or its purpose;
(b) Citations of the statutory authority for adopting the
rule and the specific statute the rule is intended to implement;
(c) A short explanation of the rule, its purpose, and anticipated effects, including in the case of a proposal that would
modify existing rules, a short description of the changes the
proposal would make, and a statement of the reasons supporting the proposed action;
(d) The agency personnel, with their office location and
telephone number, who are responsible for the drafting,
implementation, and enforcement of the rule;
(e) The name of the person or organization, whether private, public, or governmental, proposing the rule;
(f) Agency comments or recommendations, if any,
regarding statutory language, implementation, enforcement,
and fiscal matters pertaining to the rule;
(g) Whether the rule is necessary as the result of federal
law or federal or state court action, and if so, a citation to such
law or court decision;
(h) When, where, and how persons may present their
views on the proposed rule;
(i) The date on which the agency intends to adopt the
rule;
(j) A copy of the small business economic impact statement prepared under chapter 19.85 RCW, or an explanation
for why the agency did not prepare the statement;
(k) A statement indicating whether RCW 34.05.328
applies to the rule adoption; and
(l) If RCW 34.05.328 does apply, a statement indicating
that a copy of the preliminary cost-benefit analysis described
in RCW 34.05.328(1)(c) is available.
(2)(a) Upon filing notice of the proposed rule with the
code reviser, the adopting agency shall have copies of the
notice on file and available for public inspection. Except as
provided in (b) of this subsection, the agency shall forward
three copies of the notice to the rules review committee.
(b) A pilot of at least ten agencies, including the departments of labor and industries, fish and wildlife, revenue,
ecology, retirement systems, and health, shall file the copies
required under this subsection, as well as under RCW
34.05.350 and 34.05.353, with the rules review committee
electronically for a period of four years from June 10, 2004.
The office of regulatory assistance shall negotiate the details
of the pilot among the agencies, the legislature, and the code
reviser.
(3) No later than three days after its publication in the
state register, the agency shall cause either a copy of the
notice of proposed rule adoption, or a summary of the information contained on the notice, to be mailed to each person,
city, and county that has made a request to the agency for a
mailed copy of such notices. An agency may charge for the
actual cost of providing a requesting party mailed copies of
these notices.
(4) In addition to the notice required by subsections (1)
and (2) of this section, an institution of higher education shall
cause the notice to be published in the campus or standard
newspaper of the institution at least seven days before the
rule-making hearing. [2004 c 31 § 2; 2003 c 165 § 1; 1995 c
403 § 302; 1994 c 249 § 14; 1992 c 197 § 8; 1989 c 175 § 7;
[Title 34 RCW—page 9]
34.05.322
Title 34 RCW: Administrative Law
1988 c 288 § 303; 1982 c 221 § 2; 1982 c 6 § 7; 1980 c 186 §
10; 1977 ex.s. c 84 § 1. Formerly RCW 34.04.045.]
Application—1995 c 403 §§ 201, 301-305, 401-405, and 801: See
note following RCW 34.05.328.
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1982 c 6: See RCW 19.85.900.
Severability—1980 c 186: "If any provision of this 1980 act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1980 c 186 § 29.]
Expedited adoption: RCW 34.05.353.
Small business economic impact statement—Purpose—Contents: RCW
19.85.040.
34.05.322 Scope of rule-making authority. For rules
implementing statutes enacted after July 23, 1995, an agency
may not rely solely on the section of law stating a statute’s
intent or purpose, or on the enabling provisions of the statute
establishing the agency, or on any combination of such provisions, for its statutory authority to adopt the rule. An agency
may use the statement of intent or purpose or the agency
enabling provisions to interpret ambiguities in a statute’s
other provisions. [1995 c 403 § 118.]
34.05.322
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
34.05.325 Public participation—Concise explanatory
statement. (1) The agency shall make a good faith effort to
insure that the information on the proposed rule published
pursuant to RCW 34.05.320 accurately reflects the rule to be
presented and considered at the oral hearing on the rule.
Written comment about a proposed rule, including supporting data, shall be accepted by an agency if received no later
than the time and date specified in the notice, or such later
time and date established at the rule-making hearing.
(2) The agency shall provide an opportunity for oral
comment to be received by the agency in a rule-making hearing.
(3) If the agency possesses equipment capable of receiving telefacsimile transmissions or recorded telephonic communications, the agency may provide in its notice of hearing
filed under RCW 34.05.320 that interested parties may comment on proposed rules by these means. If the agency
chooses to receive comments by these means, the notice of
hearing shall provide instructions for making such comments, including, but not limited to, appropriate telephone
numbers to be used; the date and time by which comments
must be received; required methods to verify the receipt and
authenticity of the comments; and any limitations on the
number of pages for telefacsimile transmission comments
and on the minutes of tape recorded comments. The agency
shall accept comments received by these means for inclusion
in the official record if the comments are made in accordance
with the agency’s instructions.
34.05.325
[Title 34 RCW—page 10]
(4) The agency head, a member of the agency head, or a
presiding officer designated by the agency head shall preside
at the rule-making hearing. Rule-making hearings shall be
open to the public. The agency shall cause a record to be
made of the hearing by stenographic, mechanical, or electronic means. Regardless of whether the agency head has
delegated rule-making authority, the presiding official shall
prepare a memorandum for consideration by the agency head,
summarizing the contents of the presentations made at the
rule-making hearing, unless the agency head presided or was
present at substantially all of the hearings. The summarizing
memorandum is a public document and shall be made available to any person in accordance with chapter 42.56 RCW.
(5) Rule-making hearings are legislative in character and
shall be reasonably conducted by the presiding official to
afford interested persons the opportunity to present comment.
Rule-making hearings may be continued to a later time and
place established on the record without publication of further
notice under RCW 34.05.320.
(6)(a) Before it files an adopted rule with the code
reviser, an agency shall prepare a concise explanatory statement of the rule:
(i) Identifying the agency’s reasons for adopting the rule;
(ii) Describing differences between the text of the proposed rule as published in the register and the text of the rule
as adopted, other than editing changes, stating the reasons for
differences; and
(iii) Summarizing all comments received regarding the
proposed rule, and responding to the comments by category
or subject matter, indicating how the final rule reflects
agency consideration of the comments, or why it fails to do
so.
(b) The agency shall provide the concise explanatory
statement to any person upon request or from whom the
agency received comment. [2005 c 274 § 262; 1998 c 125 §
1; 1995 c 403 § 304; 1994 c 249 § 7; 1992 c 57 § 1; 1988 c
288 § 304.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Application—1995 c 403 §§ 201, 301-305, 401-405, and 801: See
note following RCW 34.05.328.
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
34.05.328 Significant legislative rules, other selected
rules. (1) Before adopting a rule described in subsection (5)
of this section, an agency shall:
(a) Clearly state in detail the general goals and specific
objectives of the statute that the rule implements;
(b) Determine that the rule is needed to achieve the general goals and specific objectives stated under (a) of this subsection, and analyze alternatives to rule making and the consequences of not adopting the rule;
(c) Provide notification in the notice of proposed rule
making under RCW 34.05.320 that a preliminary cost-benefit
analysis is available. The preliminary cost-benefit analysis
must fulfill the requirements of the cost-benefit analysis
34.05.328
(2008 Ed.)
Administrative Procedure Act
under (d) of this subsection. If the agency files a supplemental notice under RCW 34.05.340, the supplemental notice
shall include notification that a revised preliminary cost-benefit analysis is available. A final cost-benefit analysis shall
be available when the rule is adopted under RCW 34.05.360;
(d) Determine that the probable benefits of the rule are
greater than its probable costs, taking into account both the
qualitative and quantitative benefits and costs and the specific directives of the statute being implemented;
(e) Determine, after considering alternative versions of
the rule and the analysis required under (b), (c), and (d) of this
subsection, that the rule being adopted is the least burdensome alternative for those required to comply with it that will
achieve the general goals and specific objectives stated under
(a) of this subsection;
(f) Determine that the rule does not require those to
whom it applies to take an action that violates requirements
of another federal or state law;
(g) Determine that the rule does not impose more stringent performance requirements on private entities than on
public entities unless required to do so by federal or state law;
(h) Determine if the rule differs from any federal regulation or statute applicable to the same activity or subject matter and, if so, determine that the difference is justified by the
following:
(i) A state statute that explicitly allows the agency to differ from federal standards; or
(ii) Substantial evidence that the difference is necessary
to achieve the general goals and specific objectives stated
under (a) of this subsection; and
(i) Coordinate the rule, to the maximum extent practicable, with other federal, state, and local laws applicable to the
same activity or subject matter.
(2) In making its determinations pursuant to subsection
(1)(b) through (h) of this section, the agency shall place in the
rule-making file documentation of sufficient quantity and
quality so as to persuade a reasonable person that the determinations are justified.
(3) Before adopting rules described in subsection (5) of
this section, an agency shall place in the rule-making file a
rule implementation plan for rules filed under each adopting
order. The plan shall describe how the agency intends to:
(a) Implement and enforce the rule, including a description of the resources the agency intends to use;
(b) Inform and educate affected persons about the rule;
(c) Promote and assist voluntary compliance; and
(d) Evaluate whether the rule achieves the purpose for
which it was adopted, including, to the maximum extent
practicable, the use of interim milestones to assess progress
and the use of objectively measurable outcomes.
(4) After adopting a rule described in subsection (5) of
this section regulating the same activity or subject matter as
another provision of federal or state law, an agency shall do
all of the following:
(a) Provide to the *business assistance center a list citing
by reference the other federal and state laws that regulate the
same activity or subject matter;
(b) Coordinate implementation and enforcement of the
rule with the other federal and state entities regulating the
same activity or subject matter by making every effort to do
one or more of the following:
(2008 Ed.)
34.05.328
(i) Deferring to the other entity;
(ii) Designating a lead agency; or
(iii) Entering into an agreement with the other entities
specifying how the agency and entities will coordinate implementation and enforcement.
If the agency is unable to comply with this subsection
(4)(b), the agency shall report to the legislature pursuant to
(c) of this subsection;
(c) Report to the joint administrative rules review committee:
(i) The existence of any overlap or duplication of other
federal or state laws, any differences from federal law, and
any known overlap, duplication, or conflict with local laws;
and
(ii) Make recommendations for any legislation that may
be necessary to eliminate or mitigate any adverse effects of
such overlap, duplication, or difference.
(5)(a) Except as provided in (b) of this subsection, this
section applies to:
(i) Significant legislative rules of the departments of
ecology, labor and industries, health, revenue, social and
health services, and natural resources, the employment security department, the forest practices board, the office of the
insurance commissioner, and to the legislative rules of the
department of fish and wildlife implementing chapter 77.55
RCW; and
(ii) Any rule of any agency, if this section is voluntarily
made applicable to the rule by the agency, or is made applicable to the rule by a majority vote of the joint administrative
rules review committee within forty-five days of receiving
the notice of proposed rule making under RCW 34.05.320.
(b) This section does not apply to:
(i) Emergency rules adopted under RCW 34.05.350;
(ii) Rules relating only to internal governmental operations that are not subject to violation by a nongovernment
party;
(iii) Rules adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies,
shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by
Washington state law, national consensus codes that generally establish industry standards, if the material adopted or
incorporated regulates the same subject matter and conduct
as the adopting or incorporating rule;
(iv) Rules that only correct typographical errors, make
address or name changes, or clarify language of a rule without changing its effect;
(v) Rules the content of which is explicitly and specifically dictated by statute;
(vi) Rules that set or adjust fees or rates pursuant to legislative standards; or
(vii) Rules of the department of social and health services relating only to client medical or financial eligibility
and rules concerning liability for care of dependents.
(c) For purposes of this subsection:
(i) A "procedural rule" is a rule that adopts, amends, or
repeals (A) any procedure, practice, or requirement relating
to any agency hearings; (B) any filing or related process
requirement for making application to an agency for a license
[Title 34 RCW—page 11]
34.05.330
Title 34 RCW: Administrative Law
or permit; or (C) any policy statement pertaining to the consistent internal operations of an agency.
(ii) An "interpretive rule" is a rule, the violation of which
does not subject a person to a penalty or sanction, that sets
forth the agency’s interpretation of statutory provisions it
administers.
(iii) A "significant legislative rule" is a rule other than a
procedural or interpretive rule that (A) adopts substantive
provisions of law pursuant to delegated legislative authority,
the violation of which subjects a violator of such rule to a
penalty or sanction; (B) establishes, alters, or revokes any
qualification or standard for the issuance, suspension, or
revocation of a license or permit; or (C) adopts a new, or
makes significant amendments to, a policy or regulatory program.
(d) In the notice of proposed rule making under RCW
34.05.320, an agency shall state whether this section applies
to the proposed rule pursuant to (a)(i) of this subsection, or if
the agency will apply this section voluntarily.
(6) By January 31, 1996, and by January 31st of each
even-numbered year thereafter, the office of financial management, after consulting with state agencies, counties, and
cities, and business, labor, and environmental organizations,
shall report to the governor and the legislature regarding the
effects of this section on the regulatory system in this state.
The report shall document:
(a) The rules proposed to which this section applied and
to the extent possible, how compliance with this section
affected the substance of the rule, if any, that the agency ultimately adopted;
(b) The costs incurred by state agencies in complying
with this section;
(c) Any legal action maintained based upon the alleged
failure of any agency to comply with this section, the costs to
the state of such action, and the result;
(d) The extent to which this section has adversely
affected the capacity of agencies to fulfill their legislatively
prescribed mission;
(e) The extent to which this section has improved the
acceptability of state rules to those regulated; and
(f) Any other information considered by the office of
financial management to be useful in evaluating the effect of
this section. [2003 c 165 § 2; 2003 c 39 § 13; 1997 c 430 § 1;
1995 c 403 § 201.]
Reviser’s note: *(1) The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
(2) This section was amended by 2003 c 39 § 13 and by 2003 c 165 §
2, each without reference to the other. Both amendments are incorporated in
the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Short title—Intent—1995 c 403: "(1) The legislature finds
that:
(a) One of its fundamental responsibilities, to the benefit of all the citizens of the state, is the protection of public health and safety, including
health and safety in the workplace, and the preservation of the extraordinary
natural environment with which Washington is endowed;
(b) Essential to this mission is the delegation of authority to state agencies to implement the policies established by the legislature; and that the
adoption of administrative rules by these agencies helps assure that these
policies are clearly understood, fairly applied, and uniformly enforced;
(c) Despite its importance, Washington’s regulatory system must not
impose excessive, unreasonable, or unnecessary obligations; to do so serves
[Title 34 RCW—page 12]
only to discredit government, makes enforcement of essential regulations
more difficult, and detrimentally affects the economy of the state and the
well-being of our citizens.
(2) The legislature therefore enacts chapter 403, Laws of 1995, to be
known as the regulatory reform act of 1995, to ensure that the citizens and
environment of this state receive the highest level of protection, in an effective and efficient manner, without stifling legitimate activities and responsible economic growth. To that end, it is the intent of the legislature, in the
adoption of chapter 403, Laws of 1995, that:
(a) Unless otherwise authorized, substantial policy decisions affecting
the public be made by those directly accountable to the public, namely the
legislature, and that state agencies not use their administrative authority to
create or amend regulatory programs;
(b) When an agency is authorized to adopt rules imposing obligations
on the public, that it do so responsibly: The rules it adopts should be justified
and reasonable, with the agency having determined, based on common sense
criteria established by the legislature, that the obligations imposed are truly
in the public interest;
(c) Governments at all levels better coordinate their regulatory efforts
to avoid confusing and frustrating the public with overlapping or contradictory requirements;
(d) The public respect the process whereby administrative rules are
adopted, whether or not they agree with the result: Members of the public
affected by administrative rules must have the opportunity for a meaningful
role in their development; the bases for agency action must be legitimate and
clearly articulated;
(e) Members of the public have adequate opportunity to challenge
administrative rules with which they have legitimate concerns through
meaningful review of the rule by the executive, the legislature, and the judiciary. While it is the intent of the legislature that upon judicial review of a
rule, a court should not substitute its judgment for that of an administrative
agency, the court should determine whether the agency decision making was
rigorous and deliberative; whether the agency reached its result through a
process of reason; and whether the agency took a hard look at the rule before
its adoption;
(f) In order to achieve greater compliance with administrative rules at
less cost, that a cooperative partnership exist between agencies and regulated
parties that emphasizes education and assistance before the imposition of
penalties; and
(g) Workplace safety and health in this state not be diminished,
whether provided by constitution, by statute, or by rule." [1995 c 403 § 1.]
Application—1995 c 403 §§ 201, 301-305, 401-405, and 801: "Sections 201, 301 through 305, 401 through 405, and 801 of this act shall apply
to all rule making for which a statement of proposed rule making under RCW
34.05.320 is filed after July 23, 1995." [1995 c 403 § 1102.]
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Expedited adoption: RCW 34.05.353.
34.05.330
34.05.330 Petition for adoption, amendment,
repeal—Agency action—Appeal. (1) Any person may petition an agency requesting the adoption, amendment, or repeal
of any rule. The office of financial management shall prescribe by rule the format for such petitions and the procedure
for their submission, consideration, and disposition and provide a standard form that may be used to petition any agency.
Within sixty days after submission of a petition, the agency
shall either (a) deny the petition in writing, stating (i) its reasons for the denial, specifically addressing the concerns
raised by the petitioner, and, where appropriate, (ii) the alternative means by which it will address the concerns raised by
the petitioner, or (b) initiate rule-making proceedings in
accordance with RCW 34.05.320.
(2) If an agency denies a petition to repeal or amend a
rule submitted under subsection (1) of this section, and the
petition alleges that the rule is not within the intent of the legislature or was not adopted in accordance with all applicable
provisions of law, the person may petition for review of the
(2008 Ed.)
Administrative Procedure Act
rule by the joint administrative rules review committee under
RCW 34.05.655.
(3) If an agency denies a petition to repeal or amend a
rule submitted under subsection (1) of this section, the petitioner, within thirty days of the denial, may appeal the denial
to the governor. The governor shall immediately file notice of
the appeal with the code reviser for publication in the Washington state register. Within forty-five days after receiving
the appeal, the governor shall either (a) deny the petition in
writing, stating (i) his or her reasons for the denial, specifically addressing the concerns raised by the petitioner, and,
(ii) where appropriate, the alternative means by which he or
she will address the concerns raised by the petitioner; (b) for
agencies listed in RCW 43.17.010, direct the agency to initiate rule-making proceedings in accordance with this chapter; or (c) for agencies not listed in RCW 43.17.010, recommend that the agency initiate rule-making proceedings in
accordance with this chapter. The governor’s response to the
appeal shall be published in the Washington state register and
copies shall be submitted to the chief clerk of the house of
representatives and the secretary of the senate.
(4) In petitioning for repeal or amendment of a rule
under this section, a person is encouraged to address, among
other concerns:
(a) Whether the rule is authorized;
(b) Whether the rule is needed;
(c) Whether the rule conflicts with or duplicates other
federal, state, or local laws;
(d) Whether alternatives to the rule exist that will serve
the same purpose at less cost;
(e) Whether the rule applies differently to public and private entities;
(f) Whether the rule serves the purposes for which it was
adopted;
(g) Whether the costs imposed by the rule are unreasonable;
(h) Whether the rule is clearly and simply stated;
(i) Whether the rule is different than a federal law applicable to the same activity or subject matter without adequate
justification; and
(j) Whether the rule was adopted according to all applicable provisions of law.
(5) The department of community, trade, and economic
development and the office of financial management shall
coordinate efforts among agencies to inform the public about
the existence of this rules review process.
(6) The office of financial management shall initiate the
rule making required by subsection (1) of this section by September 1, 1995. [1998 c 280 § 5; 1996 c 318 § 1; 1995 c 403
§ 703; 1988 c 288 § 305; 1967 c 237 § 5; 1959 c 234 § 6. Formerly RCW 34.04.060.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
34.05.335 Withdrawal of proposal—Time and manner of adoption. (1) A proposed rule may be withdrawn by
the proposing agency at any time before adoption. A withdrawn rule may not be adopted unless it is again proposed in
accordance with RCW 34.05.320.
34.05.335
(2008 Ed.)
34.05.340
(2) Before adopting a rule, an agency shall consider the
written and oral submissions, or any memorandum summarizing oral submissions.
(3) Rules not adopted and filed with the code reviser
within one hundred eighty days after publication of the text as
last proposed in the register shall be regarded as withdrawn.
An agency may not thereafter adopt the proposed rule without refiling it in accordance with RCW 34.05.320. The code
reviser shall give notice of the withdrawal in the register.
(4) An agency may not adopt a rule before the time
established in the published notice, or such later time established on the record or by publication in the state register.
[1989 c 175 § 8; 1988 c 288 § 306; 1980 c 186 § 11. Formerly
RCW 34.04.048.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1980 c 186: See note following RCW 34.05.320.
34.05.340 Variance between proposed and final rule.
(1) Unless it complies with subsection (3) of this section, an
agency may not adopt a rule that is substantially different
from the rule proposed in the published notice of proposed
rule adoption or a supplemental notice in the proceeding. If
an agency contemplates making a substantial variance from a
proposed rule described in a published notice, it may file a
supplemental notice with the code reviser meeting the
requirements of RCW 34.05.320 and reopen the proceedings
for public comment on the proposed variance, or the agency
may withdraw the proposed rule and commence a new rulemaking proceeding to adopt a substantially different rule. If a
new rule-making proceeding is commenced, relevant public
comment received regarding the initial proposed rule shall be
considered in the new proceeding.
(2) The following factors shall be considered in determining whether an adopted rule is substantially different
from the proposed rule on which it is based:
(a) The extent to which a reasonable person affected by
the adopted rule would have understood that the published
proposed rule would affect his or her interests;
(b) The extent to which the subject of the adopted rule or
the issues determined in it are substantially different from the
subject or issues involved in the published proposed rule; and
(c) The extent to which the effects of the adopted rule
differ from the effects of the published proposed rule.
(3) If the agency, without filing a supplemental notice
under subsection (1) of this section, adopts a rule that varies
in content from the proposed rule, the general subject matter
of the adopted rule must remain the same as the proposed
rule. The agency shall briefly describe any changes, other
than editing changes, and the principal reasons for adopting
the changes. The brief description shall be filed with the code
reviser together with the order of adoption for publication in
the state register. Within sixty days of publication of the
adopted rule in the state register, any interested person may
petition the agency to amend any portion of the adopted rule
that is substantially different from the proposed rule. The
petition shall briefly demonstrate how the adopted rule is
substantially different from the proposed rule and shall contain the text of the petitioner’s proposed amendment. For purposes of the petition, an adopted rule is substantially different
if the issues determined in the adopted rule differ from the
34.05.340
[Title 34 RCW—page 13]
34.05.345
Title 34 RCW: Administrative Law
issues determined in the proposed rule or the anticipated
effects of the adopted rule differ from those of the proposed
rule. If the petition meets the requirements of this subsection
and RCW 34.05.330, the agency shall initiate rule-making
proceedings upon the proposed amendments within the time
provided in RCW 34.05.330. [1989 c 175 § 9; 1988 c 288 §
307.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.345 Failure to give twenty days notice of
intended action—Effect. Except for emergency rules
adopted under RCW 34.05.350, when twenty days notice of
intended action to adopt, amend, or repeal a rule has not been
published in the state register, as required by RCW
34.05.320, the code reviser shall not publish such rule and
such rule shall not be effective for any purpose. [1988 c 288
§ 308; 1967 c 237 § 4. Formerly RCW 34.04.027.]
34.05.345
34.05.350 Emergency rules and amendments. (1) If
an agency for good cause finds:
(a) That immediate adoption, amendment, or repeal of a
rule is necessary for the preservation of the public health,
safety, or general welfare, and that observing the time
requirements of notice and opportunity to comment upon
adoption of a permanent rule would be contrary to the public
interest; or
(b) That state or federal law or federal rule or a federal
deadline for state receipt of federal funds requires immediate
adoption of a rule,
the agency may dispense with those requirements and adopt,
amend, or repeal the rule on an emergency basis. The
agency’s finding and a concise statement of the reasons for its
finding shall be incorporated in the order for adoption of the
emergency rule or amendment filed with the office of the
code reviser under RCW 34.05.380 and with the rules review
committee.
(2) An emergency rule adopted under this section takes
effect upon filing with the code reviser, unless a later date is
specified in the order of adoption, and may not remain in
effect for longer than one hundred twenty days after filing.
Identical or substantially similar emergency rules may not be
adopted in sequence unless conditions have changed or the
agency has filed notice of its intent to adopt the rule as a permanent rule, and is actively undertaking the appropriate procedures to adopt the rule as a permanent rule. This section
does not relieve any agency from compliance with any law
requiring that its permanent rules be approved by designated
persons or bodies before they become effective.
(3) Within seven days after the rule is adopted, any person may petition the governor requesting the immediate
repeal of a rule adopted on an emergency basis by any department listed in RCW 43.17.010. Within seven days after submission of the petition, the governor shall either deny the
petition in writing, stating his or her reasons for the denial, or
order the immediate repeal of the rule. In ruling on the petition, the governor shall consider only whether the conditions
in subsection (1) of this section were met such that adoption
of the rule on an emergency basis was necessary. If the governor orders the repeal of the emergency rule, any sanction
imposed based on that rule is void. This subsection shall not
34.05.350
[Title 34 RCW—page 14]
be construed to prohibit adoption of any rule as a permanent
rule.
(4) In adopting an emergency rule, the agency shall comply with *section 4 of this act or provide a written explanation for its failure to do so. [1994 c 249 § 3; 1989 c 175 § 10;
1988 c 288 § 309; 1981 c 324 § 4; 1977 ex.s. c 240 § 8; 1959
c 234 § 3. Formerly RCW 34.04.030.]
*Reviser’s note: The governor vetoed 1994 c 249 § 4.
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
Effective date—1989 c 175: See note following RCW 34.05.010.
Legislative affirmation—Severability—1981 c 324: See notes following RCW 34.05.010.
Effective date—Severability—1977 ex.s. c 240: See RCW 34.08.905
and 34.08.910.
34.05.353 Expedited rule making. (1) An agency may
file notice for the expedited adoption of rules in accordance
with the procedures set forth in this section for rules meeting
any one of the following criteria:
(a) The proposed rules relate only to internal governmental operations that are not subject to violation by a person;
(b) The proposed rules adopt or incorporate by reference
without material change federal statutes or regulations,
Washington state statutes, rules of other Washington state
agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as
referenced by Washington state law, national consensus
codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter
and conduct as the adopting or incorporating rule;
(c) The proposed rules only correct typographical errors,
make address or name changes, or clarify language of a rule
without changing its effect;
(d) The content of the proposed rules is explicitly and
specifically dictated by statute;
(e) The proposed rules have been the subject of negotiated rule making, pilot rule making, or some other process
that involved substantial participation by interested parties
before the development of the proposed rule; or
(f) The proposed rule is being amended after a review
under RCW 34.05.328.
(2) An agency may file notice for the expedited repeal of
rules under the procedures set forth in this section for rules
meeting any one of the following criteria:
(a) The statute on which the rule is based has been
repealed and has not been replaced by another statute providing statutory authority for the rule;
(b) The statute on which the rule is based has been
declared unconstitutional by a court with jurisdiction, there is
a final judgment, and no statute has been enacted to replace
the unconstitutional statute;
(c) The rule is no longer necessary because of changed
circumstances; or
(d) Other rules of the agency or of another agency govern
the same activity as the rule, making the rule redundant.
(3) The expedited rule-making process must follow the
requirements for rule making set forth in RCW 34.05.320,
except that the agency is not required to prepare a small business economic impact statement under RCW 19.85.025, a
statement indicating whether the rule constitutes a significant
34.05.353
(2008 Ed.)
Administrative Procedure Act
legislative rule under RCW 34.05.328(5)(c)(iii), or a significant legislative rule analysis under RCW 34.05.328. An
agency is not required to prepare statements of inquiry under
RCW 34.05.310 or conduct a hearing for the expedited rule
making. The notice for the expedited rule making must contain a statement in at least ten-point type, that is substantially
in the following form:
NOTICE
THIS RULE IS BEING PROPOSED UNDER
AN EXPEDITED RULE-MAKING PROCESS
THAT WILL ELIMINATE THE NEED FOR THE
AGENCY TO HOLD PUBLIC HEARINGS, PREPAR E A SMALL B US I NESS EC ONOMIC
IMPACT STATEMENT, OR PROVIDE
RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU
OBJECT TO THIS USE OF THE EXPEDITED
RULE-MAKING PROCESS, YOU MUST
EXPRESS YOUR OBJECTIONS IN WRITING
AND THEY MUST BE SENT TO (INSERT
NAME AND ADDRESS) AND RECEIVED BY
(INSERT DATE).
(4) The agency shall send either a copy of the notice of
the proposed expedited rule making, or a summary of the
information on the notice, to any person who has requested
notification of proposals for expedited rule making or of regular agency rule making, as well as the joint administrative
rules review committee, within three days after its publication in the Washington State Register. An agency may
charge for the actual cost of providing a requesting party
mailed copies of these notices. The notice of the proposed
expedited rule making must be preceded by a statement substantially in the form provided in subsection (3) of this section. The notice must also include an explanation of the reasons the agency believes the expedited rule-making process
is appropriate.
(5) The code reviser shall publish the text of all rules proposed for expedited adoption, and the citation and caption of
all rules proposed for expedited repeal, along with the notice
required in this section in a separate section of the Washington State Register. Once the notice of expedited rule making
has been published in the Washington State Register, the only
changes that an agency may make in the noticed materials
before their final adoption or repeal are to correct typographical errors.
(6) Any person may file a written objection to the expedited rule making. The objection must be filed with the
agency rules coordinator within forty-five days after the
notice of the proposed expedited rule making has been published in the Washington State Register. A person who has
filed a written objection to the expedited rule making may
withdraw the objection.
(7) If no written objections to the expedited rule making
are filed with the agency within forty-five days after the
notice of proposed expedited rule making is published, or if
all objections that have been filed are withdrawn by the persons filing the objections, the agency may enter an order
adopting or repealing the rule without further notice or a public hearing. The order must be published in the manner
(2008 Ed.)
34.05.365
required by this chapter for any other agency order adopting,
amending, or repealing a rule.
(8) If a written notice of objection to the expedited rule
making is timely filed with the agency and is not withdrawn,
the notice of proposed expedited rule making published
under this section is considered a statement of inquiry for the
purposes of RCW 34.05.310, and the agency may initiate further rule-making proceedings in accordance with this chapter.
(9) As used in this section, "expedited rule making"
includes both the expedited adoption of rules and the expedited repeal of rules. [2004 c 31 § 4; 2001 c 25 § 2.]
34.05.360 Order adopting rule, contents. The order of
adoption by which each rule is adopted by an agency shall
contain all of the following:
(1) The date the agency adopted the rule;
(2) A concise statement of the purpose of the rule;
(3) A reference to all rules repealed, amended, or suspended by the rule;
(4) A reference to the specific statutory or other authority
authorizing adoption of the rule;
(5) Any findings required by any provision of law as a
precondition to adoption or effectiveness of the rule; and
(6) The effective date of the rule if other than that specified in RCW 34.05.380(2). [1988 c 288 § 311.]
34.05.360
34.05.362 Postadoption notice. Either before or within
two hundred days after the effective date of an adopted rule
that imposes additional requirements on businesses the violation of which subjects the business to a penalty, assessment,
or administrative sanction, an agency identified in RCW
34.05.220(6) shall notify businesses affected by the rule of
the requirements of the rule and how to obtain technical assistance to comply. Notification must be provided by e-mail, if
possible, to every person identified to receive the postadoption notice under RCW 34.05.220(6).
The notification must announce the rule change, briefly
summarize the rule change, refer to appeal procedures under
RCW 34.05.330, and include a contact for more information.
Failure to notify a specific business under this section does
not invalidate a rule or waive the requirement to comply with
the rule. The requirements of this section do not apply to
emergency rules adopted under RCW 34.05.350. [2003 c
246 § 3.]
34.05.362
Finding—2003 c 246: "The legislature finds that many businesses in
the state are frustrated by the complexity of the regulatory system. The
Washington Administrative Code containing agency rules now fills twelve
volumes, and appears to be growing each year. While the vast majority of
businesses make a good faith attempt to comply with applicable laws and
rules, many find it extremely difficult to keep up with agencies’ issuance of
new rules and requirements. Therefore, state agencies are directed to make
a good faith attempt to notify businesses affected by rule changes that may
subject noncomplying businesses to penalties." [2003 c 246 § 1.]
34.05.365 Incorporation by reference. An agency
may incorporate by reference and without publishing the
incorporated matter in full, all or any part of a code, standard,
rule, or regulation that has been adopted by an agency of the
United States, of this state, or of another state, by a political
subdivision of this state, or by a generally recognized organization or association if incorporation of the full text in the
34.05.365
[Title 34 RCW—page 15]
34.05.370
Title 34 RCW: Administrative Law
agency rules would be unduly cumbersome, expensive, or
otherwise inexpedient. The reference in agency rules shall
fully identify the incorporated matter. An agency may incorporate by reference such matter in its rules only if the agency,
organization, or association originally issuing that matter
makes copies readily available to the public. The incorporating agency shall have, maintain, and make available for public inspection a copy of the incorporated matter. The rule
must state where copies of the incorporated matter are available. [1988 c 288 § 312.]
34.05.370 Rule-making file. (1) Each agency shall
maintain an official rule-making file for each rule that it (a)
proposes by publication in the state register, or (b) adopts.
The file and materials incorporated by reference shall be
available for public inspection.
(2) The agency rule-making file shall contain all of the
following:
(a) A list of citations to all notices in the state register
with respect to the rule or the proceeding upon which the rule
is based;
(b) Copies of any portions of the agency’s public rulemaking docket containing entries relating to the rule or the
proceeding on which the rule is based;
(c) All written petitions, requests, submissions, and comments received by the agency and all other written material
regarded by the agency as important to adoption of the rule or
the proceeding on which the rule is based;
(d) Any official transcript of oral presentations made in
the proceeding on which the rule is based or, if not transcribed, any tape recording or stenographic record of them,
and any memorandum prepared by a presiding official summarizing the contents of those presentations;
(e) All petitions for exceptions to, amendment of, or
repeal or suspension of, the rule;
(f) Citations to data, factual information, studies, or
reports on which the agency relies in the adoption of the rule,
indicating where such data, factual information, studies, or
reports are available for review by the public, but this subsection (2)(f) does not require the agency to include in the rulemaking file any data, factual information, studies, or reports
gathered pursuant to chapter 19.85 RCW or RCW 34.05.328
that can be identified to a particular business;
(g) The concise explanatory statement required by RCW
34.05.325(6); and
(h) Any other material placed in the file by the agency.
(3) Internal agency documents are exempt from inclusion in the rule-making file under subsection (2) of this section to the extent they constitute preliminary drafts, notes,
recommendations, and intra-agency memoranda in which
opinions are expressed or policies formulated or recommended, except that a specific document is not exempt from
inclusion when it is publicly cited by an agency in connection
with its decision.
(4) Upon judicial review, the file required by this section
constitutes the official agency rule-making file with respect
to that rule. Unless otherwise required by another provision
of law, the official agency rule-making file need not be the
exclusive basis for agency action on that rule. [1998 c 280 §
7; 1996 c 102 § 2; 1995 c 403 § 801; 1994 c 249 § 2; 1988 c
288 § 313.]
34.05.370
[Title 34 RCW—page 16]
Application—1995 c 403 §§ 201, 301-305, 401-405, and 801: See
note following RCW 34.05.328.
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
34.05.375 Substantial compliance with procedures.
No rule proposed after July 1, 1989, is valid unless it is
adopted in substantial compliance with RCW 34.05.310
through 34.05.395. Inadvertent failure to mail notice of a proposed rule adoption to any person as required by RCW
34.05.320(3) does not invalidate a rule. No action based upon
this section may be maintained to contest the validity of any
rule unless it is commenced within two years after the effective date of the rule. [1988 c 288 § 314.]
34.05.375
34.05.380 Filing with code reviser—Written
record—Effective dates. (1) Each agency shall file in the
office of the code reviser a certified copy of all rules it adopts,
except for rules contained in tariffs filed with or published by
the Washington utilities and transportation commission. The
code reviser shall place upon each rule a notation of the time
and date of filing and shall keep a permanent written record
of filed rules open to public inspection. In filing a rule, each
agency shall use the standard form prescribed for this purpose by the code reviser.
(2) Emergency rules adopted under RCW 34.05.350
become effective upon filing unless a later date is specified in
the order of adoption. All other rules become effective upon
the expiration of thirty days after the date of filing, unless a
later date is required by statute or specified in the order of
adoption.
(3) A rule may become effective immediately upon its
filing with the code reviser or on any subsequent date earlier
than that established by subsection (2) of this section, if the
agency establishes that effective date in the adopting order
and finds that:
(a) Such action is required by the state or federal Constitution, a statute, or court order;
(b) The rule only delays the effective date of another rule
that is not yet effective; or
(c) The earlier effective date is necessary because of
imminent peril to the public health, safety, or welfare.
The finding and a brief statement of the reasons therefor
required by this subsection shall be made a part of the order
adopting the rule.
(4) With respect to a rule made effective pursuant to subsection (3) of this section, each agency shall make reasonable
efforts to make the effective date known to persons who may
be affected by it. [2007 c 456 § 5; 1989 c 175 § 11; 1988 c
288 § 315; 1987 c 505 § 17; 1980 c 87 § 11; 1959 c 234 § 4.
Formerly RCW 34.04.040.]
34.05.380
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.385 Rules for rule making. The code reviser
may adopt rules for carrying out the provisions of this chapter
relating to the filing and publication of rules and notices of
intention to adopt rules, including the form and style to be
34.05.385
(2008 Ed.)
Administrative Procedure Act
employed by the various agencies in the drafting of such rules
and notices. [1988 c 288 § 316; 1967 c 237 § 13. Formerly
RCW 34.04.055.]
34.05.390 Style, format, and numbering—Agency
compliance. After the rules of an agency have been published by the code reviser:
(1) All agency orders amending or rescinding such rules,
or creating new rules, shall be formulated in accordance with
the style, format, and numbering system of the Washington
Administrative Code;
(2) Any subsequent printing or reprinting of such rules
shall be printed in the style and format (including the numbering system) of such code; and
(3) Amendments of previously adopted rules shall incorporate any editorial corrections made by the code reviser.
[1988 c 288 § 317; 1967 c 237 § 14. Formerly RCW
34.04.057.]
34.05.390
34.05.395 Format and style of amendatory and new
sections—Failure to comply. (1) Rules proposed or adopted
by an agency pursuant to this chapter that amend existing sections of the administrative code shall have the words which
are amendatory to such existing sections underlined. Any
matter to be deleted from an existing section shall be indicated by setting such matter forth in full, enclosed by double
parentheses, and such deleted matter shall be lined out with
hyphens. A new section shall be designated "NEW SECTION" in upper case type and such designation shall be
underlined, but the complete text of the section shall not be
underlined. No rule may be forwarded by any agency to the
code reviser, nor may the code reviser accept for filing any
rule unless the format of such rule is in compliance with the
provisions of this section.
(2) Once the rule has been formally adopted by the
agency the code reviser need not, except with regard to the
register published pursuant to RCW 34.05.210(3), include
the items enumerated in subsection (1) of this section in the
official code.
(3) Any addition to or deletion from an existing code
section not filed by the agency in the style prescribed by subsection (1) of this section shall in all respects be ineffectual,
and shall not be shown in subsequent publications or codifications of that section unless the ineffectual portion of the
rule is clearly distinguished and an explanatory note is
appended thereto by the code reviser in accordance with
RCW 34.05.210. [1988 c 288 § 318; 1980 c 186 § 14; 1977
c 19 § 1. Formerly RCW 34.04.058.]
34.05.395
Severability—1980 c 186: See note following RCW 34.05.320.
PART IV
ADJUDICATIVE PROCEEDINGS
34.05.410 Application of Part IV. (1) Adjudicative
proceedings are governed by RCW 34.05.413 through
34.05.476, except as otherwise provided:
(a) By a rule that adopts the procedures for brief adjudicative proceedings in accordance with the standards provided
in RCW 34.05.482 for those proceedings;
34.05.410
(2008 Ed.)
34.05.419
(b) By RCW 34.05.479 pertaining to emergency adjudicative proceedings; or
(c) By RCW 34.05.240 pertaining to declaratory proceedings.
(2) RCW 34.05.410 through 34.05.494 do not apply to
rule-making proceedings unless another statute expressly so
requires. [1988 c 288 § 401.]
34.05.413 Commencement—When required. (1)
Within the scope of its authority, an agency may commence
an adjudicative proceeding at any time with respect to a matter within the agency’s jurisdiction.
(2) When required by law or constitutional right, and
upon the timely application of any person, an agency shall
commence an adjudicative proceeding.
(3) An agency may provide forms for and, by rule, may
provide procedures for filing an application for an adjudicative proceeding. An agency may require by rule that an application be in writing and that it be filed at a specific address,
in a specified manner, and within specified time limits. The
agency shall allow at least twenty days to apply for an adjudicative proceeding from the time notice is given of the
opportunity to file such an application.
(4) If an agency is required to hold an adjudicative proceeding, an application for an agency to enter an order
includes an application for the agency to conduct appropriate
adjudicative proceedings, whether or not the applicant
expressly requests those proceedings.
(5) An adjudicative proceeding commences when the
agency or a presiding officer notifies a party that a prehearing
conference, hearing, or other stage of an adjudicative proceeding will be conducted. [1989 c 175 § 12; 1988 c 288 §
402.]
34.05.413
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.416 Decision not to conduct an adjudication. If
an agency decides not to conduct an adjudicative proceeding
in response to an application, the agency shall furnish the
applicant a copy of its decision in writing, with a brief statement of the agency’s reasons and of any administrative
review available to the applicant. [1988 c 288 § 403.]
34.05.416
34.05.419 Agency action on applications for adjudication. After receipt of an application for an adjudicative
proceeding, other than a declaratory order, an agency shall
proceed as follows:
(1) Except in situations governed by subsection (2) or (3)
of this section, within ninety days after receipt of the application or of the response to a timely request made by the agency
under subsection (2) of this section, the agency shall do one
of the following:
(a) Approve or deny the application, in whole or in part,
on the basis of brief or emergency adjudicative proceedings,
if those proceedings are available under this chapter for disposition of the matter;
(b) Commence an adjudicative proceeding in accordance
with this chapter; or
(c) Dispose of the application in accordance with RCW
34.05.416;
34.05.419
[Title 34 RCW—page 17]
34.05.422
Title 34 RCW: Administrative Law
(2) Within thirty days after receipt of the application, the
agency shall examine the application, notify the applicant of
any obvious errors or omissions, request any additional information the agency wishes to obtain and is permitted by law to
require, and notify the applicant of the name, mailing
address, and telephone number of an office that may be contacted regarding the application;
(3) If the application seeks relief that is not available
when the application is filed but may be available in the
future, the agency may proceed to make a determination of
eligibility within the time limits provided in subsection (1) of
this section. If the agency determines that the applicant is eligible, the agency shall maintain the application on the
agency’s list of eligible applicants as provided by law and,
upon request, shall notify the applicant of the status of the
application. [1988 c 288 § 404.]
34.05.422
34.05.422 Rate changes, licenses. (1) Unless otherwise
provided by law: (a) Applications for rate changes and
uncontested applications for licenses may, in the agency’s
discretion, be conducted as adjudicative proceedings; (b)
applications for licenses that are contested by a person having
standing to contest under the law and review of denials of
applications for licenses or rate changes shall be conducted as
adjudicative proceedings; and (c) an agency may not revoke,
suspend, or modify a license unless the agency gives notice
of an opportunity for an appropriate adjudicative proceeding
in accordance with this chapter or other statute.
(2) An agency with authority to grant or deny a professional or occupational license shall notify an applicant for a
new or renewal license not later than twenty days prior to the
date of the examination required for that license of any
grounds for denial of the license which are based on specific
information disclosed in the application submitted to the
agency. The agency shall notify the applicant either that the
license is denied or that the decision to grant or deny the
license will be made at a future date. If the agency fails to
give the notification prior to the examination and the applicant is denied licensure, the examination fee shall be
refunded to the applicant. If the applicant takes the examination, the agency shall notify the applicant of the result.
(3) When a licensee has made timely and sufficient
application for the renewal of a license or a new license with
reference to any activity of a continuing nature, an existing
full, temporary, or provisional license does not expire until
the application has been finally determined by the agency,
and, in case the application is denied or the terms of the new
license limited, until the last day for seeking review of the
agency order or a later date fixed by order of the reviewing
court.
(4) If the agency finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension
of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly
instituted and determined. [1989 c 175 § 13; 1988 c 288 §
405; 1980 c 33 § 1; 1967 c 237 § 8. Formerly RCW
34.04.170.]
Effective date—1989 c 175: See note following RCW 34.05.010.
[Title 34 RCW—page 18]
34.05.425 Presiding officers—Disqualification, substitution. (1) Except as provided in subsection (2) of this
section, in the discretion of the agency head, the presiding
officer in an administrative hearing shall be:
(a) The agency head or one or more members of the
agency head;
(b) If the agency has statutory authority to do so, a person other than the agency head or an administrative law judge
designated by the agency head to make the final decision and
enter the final order; or
(c) One or more administrative law judges assigned by
the office of administrative hearings in accordance with
chapter 34.12 RCW.
(2) An agency expressly exempted under RCW
34.12.020(4) or other statute from the provisions of chapter
34.12 RCW or an institution of higher education shall designate a presiding officer as provided by rules adopted by the
agency.
(3) Any individual serving or designated to serve alone
or with others as presiding officer is subject to disqualification for bias, prejudice, interest, or any other cause provided
in this chapter or for which a judge is disqualified.
(4) Any party may petition for the disqualification of an
individual promptly after receipt of notice indicating that the
individual will preside or, if later, promptly upon discovering
facts establishing grounds for disqualification.
(5) The individual whose disqualification is requested
shall determine whether to grant the petition, stating facts and
reasons for the determination.
(6) When the presiding officer is an administrative law
judge, the provisions of this section regarding disqualification for cause are in addition to the motion of prejudice available under RCW 34.12.050.
(7) If a substitute is required for an individual who
becomes unavailable as a result of disqualification or any
other reason, the substitute must be appointed by the appropriate appointing authority.
(8) Any action taken by a duly appointed substitute for
an unavailable individual is as effective as if taken by the
unavailable individual. [1989 c 175 § 14; 1988 c 288 § 406.]
34.05.425
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.428 Representation. (1) A party to an adjudicative proceeding may participate personally or, if the party is a
corporation or other artificial person, by a duly authorized
representative.
(2) Whether or not participating in person, any party may
be advised and represented at the party’s own expense by
counsel or, if permitted by provision of law, other representative. [1989 c 175 § 15; 1988 c 288 § 407.]
34.05.428
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.431 Conference—Procedure and participation.
(1) Agencies may hold prehearing or other conferences for
the settlement or simplification of issues. Every agency shall
by rule describe the conditions under which and the manner
in which conferences are to be held.
(2) In the discretion of the presiding officer, and where
the rights of the parties will not be prejudiced thereby, all or
part of the conference may be conducted by telephone, televi34.05.431
(2008 Ed.)
Administrative Procedure Act
sion, or other electronic means. Each participant in the conference must have an opportunity to participate effectively in,
to hear, and, if technically and economically feasible, to see
the entire proceeding while it is taking place. [1988 c 288 §
408.]
34.05.434
34.05.434 Notice of hearing. (1) The agency or the
office of administrative hearings shall set the time and place
of the hearing and give not less than seven days advance written notice to all parties and to all persons who have filed written petitions to intervene in the matter.
(2) The notice shall include:
(a) Unless otherwise ordered by the presiding officer, the
names and mailing addresses of all parties to whom notice is
being given and, if known, the names and addresses of their
representatives;
(b) If the agency intends to appear, the mailing address
and telephone number of the office designated to represent
the agency in the proceeding;
(c) The official file or other reference number and the
name of the proceeding;
(d) The name, official title, mailing address, and telephone number of the presiding officer, if known;
(e) A statement of the time, place and nature of the proceeding;
(f) A statement of the legal authority and jurisdiction
under which the hearing is to be held;
(g) A reference to the particular sections of the statutes
and rules involved;
(h) A short and plain statement of the matters asserted by
the agency; and
(i) A statement that a party who fails to attend or participate in a hearing or other stage of an adjudicative proceeding
may be held in default in accordance with this chapter.
(3) If the agency is unable to state the matters required by
subsection (2)(h) of this section at the time the notice is
served, the initial notice may be limited to a statement of the
issues involved. If the proceeding is initiated by a person
other than the agency, the initial notice may be limited to the
inclusion of a copy of the initiating document. Thereafter,
upon request, a more definite and detailed statement shall be
furnished.
(4) The notice may include any other matters considered
desirable by the agency. [1988 c 288 § 409; 1980 c 31 § 1;
1967 c 237 § 9; 1959 c 234 § 9. Formerly RCW 34.04.090.]
34.05.437 Pleadings, briefs, motions, service. (1) The
presiding officer, at appropriate stages of the proceedings,
shall give all parties full opportunity to submit and respond to
pleadings, motions, objections, and offers of settlement.
(2) At appropriate stages of the proceedings, the presiding officer may give all parties full opportunity to file briefs,
proposed findings of fact and conclusions of law, and proposed initial or final orders.
(3) A party that files a pleading, brief, or other paper with
the agency or presiding officer shall serve copies on all other
parties, unless a different procedure is specified by agency
rule. [1988 c 288 § 410.]
34.05.437
(2008 Ed.)
34.05.446
34.05.440 Default. (1) Failure of a party to file an application for an adjudicative proceeding within the time limit or
limits established by statute or agency rule constitutes a
default and results in the loss of that party’s right to an adjudicative proceeding, and the agency may proceed to resolve
the case without further notice to, or hearing for the benefit
of, that party, except that any default or other dispositive
order affecting that party shall be served upon him or her or
upon his or her attorney, if any.
(2) If a party fails to attend or participate in a hearing or
other stage of an adjudicative proceeding, other than failing
to timely request an adjudicative proceeding as set out in subsection (1) of this section, the presiding officer may serve
upon all parties a default or other dispositive order, which
shall include a statement of the grounds for the order.
(3) Within seven days after service of a default order
under subsection (2) of this section, or such longer period as
provided by agency rule, the party against whom it was
entered may file a written motion requesting that the order be
vacated, and stating the grounds relied upon. During the time
within which a party may file a written motion under this subsection, the presiding officer may adjourn the proceedings or
conduct them without the participation of that party, having
due regard for the interests of justice and the orderly and
prompt conduct of the proceedings. [1989 c 175 § 16; 1988 c
288 § 411.]
34.05.440
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.443 Intervention. (1) The presiding officer may
grant a petition for intervention at any time, upon determining that the petitioner qualifies as an intervenor under any
provision of law and that the intervention sought is in the
interests of justice and will not impair the orderly and prompt
conduct of the proceedings.
(2) If a petitioner qualifies for intervention, the presiding
officer may impose conditions upon the intervenor’s participation in the proceedings, either at the time that intervention
is granted or at any subsequent time. Conditions may include:
(a) Limiting the intervenor’s participation to designated
issues in which the intervenor has a particular interest demonstrated by the petition; and
(b) Limiting the intervenor’s use of discovery, crossexamination, and other procedures so as to promote the
orderly and prompt conduct of the proceedings; and
(c) Requiring two or more intervenors to combine their
presentations of evidence and argument, cross-examination,
discovery, and other participation in the proceedings.
(3) The presiding officer shall timely grant or deny each
pending petition for intervention, specifying any conditions,
and briefly stating the reasons for the order. The presiding
officer may modify the order at any time, stating the reasons
for the modification. The presiding officer shall promptly
give notice of the decision granting, denying, or modifying
intervention to the petitioner for intervention and to all parties. [1988 c 288 § 412.]
34.05.443
34.05.446 Subpoenas, discovery, and protective
orders. (1) The presiding officer may issue subpoenas and
may enter protective orders. A subpoena may be issued with
like effect by the agency or the attorney of record in whose
behalf the witness is required to appear.
34.05.446
[Title 34 RCW—page 19]
34.05.449
Title 34 RCW: Administrative Law
(2) An agency may by rule determine whether or not discovery is to be available in adjudicative proceedings and, if
so, which forms of discovery may be used.
(3) Except as otherwise provided by agency rules, the
presiding officer may decide whether to permit the taking of
depositions, the requesting of admissions, and all other procedures authorized by rules 26 through 36 of the superior
court civil rules. The presiding officer may condition use of
discovery on a showing of necessity and unavailability by
other means. In exercising such discretion, the presiding
officer shall consider: (a) Whether all parties are represented
by counsel; (b) whether undue expense or delay in bringing
the case to hearing will result; (c) whether the discovery will
promote the orderly and prompt conduct of the proceeding;
and (d) whether the interests of justice will be promoted.
(4) Discovery orders and protective orders entered under
this section may be enforced under the provisions of this
chapter on civil enforcement of agency action.
(5) Subpoenas issued under this section may be enforced
under RCW 34.05.588(1).
(6) The subpoena powers created by this section shall be
statewide in effect.
(7) Witnesses in an adjudicatory proceeding shall be paid
the same fees and allowances, in the same manner and under
the same conditions, as provided for witnesses in the courts
of this state by chapter 2.40 RCW and by RCW 5.56.010,
except that the agency shall have the power to fix the allowance for meals and lodging in like manner as is provided in
RCW 5.56.010 as to courts. The person initiating an adjudicative proceeding or the party requesting issuance of a subpoena shall pay the fees and allowances and the cost of producing records required to be produced by subpoena. [1989
c 175 § 17; 1988 c 288 § 413; 1967 c 237 § 10. Formerly
RCW 34.04.105.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.449
34.05.449 Procedure at hearing. (1) The presiding
officer shall regulate the course of the proceedings, in conformity with applicable rules and the prehearing order, if any.
(2) To the extent necessary for full disclosure of all relevant facts and issues, the presiding officer shall afford to all
parties the opportunity to respond, present evidence and argument, conduct cross-examination, and submit rebuttal evidence, except as restricted by a limited grant of intervention
or by the prehearing order.
(3) In the discretion of the presiding officer, and where
the rights of the parties will not be prejudiced thereby, all or
part of the hearing may be conducted by telephone, television, or other electronic means. Each party in the hearing
must have an opportunity to participate effectively in, to hear,
and, if technically and economically feasible, to see the entire
proceeding while it is taking place.
(4) The presiding officer shall cause the hearing to be
recorded by a method chosen by the agency. The agency is
not required, at its expense, to prepare a transcript, unless
required to do so by a provision of law. Any party, at the
party’s expense, may cause a reporter approved by the
agency to prepare a transcript from the agency’s record, or
cause additional recordings to be made during the hearing if
[Title 34 RCW—page 20]
the making of the additional recording does not cause distraction or disruption.
(5) The hearing is open to public observation, except for
the parts that the presiding officer states to be closed under a
provision of law expressly authorizing closure or under a protective order entered by the presiding officer pursuant to
applicable rules. A presiding officer may order the exclusion
of witnesses upon a showing of good cause. To the extent that
the hearing is conducted by telephone, television, or other
electronic means, and is not closed, the availability of public
observation is satisfied by giving members of the public an
opportunity, at reasonable times, to hear or inspect the
agency’s record, and to inspect any transcript obtained by the
agency. [1989 c 175 § 18; 1988 c 288 § 414.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.452
34.05.452 Rules of evidence—Cross-examination.
(1) Evidence, including hearsay evidence, is admissible if in
the judgment of the presiding officer it is the kind of evidence
on which reasonably prudent persons are accustomed to rely
in the conduct of their affairs. The presiding officer shall
exclude evidence that is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts of this state. The presiding officer may
exclude evidence that is irrelevant, immaterial, or unduly repetitious.
(2) If not inconsistent with subsection (1) of this section,
the presiding officer shall refer to the Washington Rules of
Evidence as guidelines for evidentiary rulings.
(3) All testimony of parties and witnesses shall be made
under oath or affirmation.
(4) Documentary evidence may be received in the form
of copies or excerpts, or by incorporation by reference.
(5) Official notice may be taken of (a) any judicially cognizable facts, (b) technical or scientific facts within the
agency’s specialized knowledge, and (c) codes or standards
that have been adopted by an agency of the United States, of
this state or of another state, or by a nationally recognized
organization or association. Parties shall be notified either
before or during hearing, or by reference in preliminary
reports or otherwise, of the material so noticed and the
sources thereof, including any staff memoranda and data, and
they shall be afforded an opportunity to contest the facts and
material so noticed. A party proposing that official notice be
taken may be required to produce a copy of the material to be
noticed. [1988 c 288 § 415; 1959 c 234 § 10. Formerly RCW
34.04.100.]
34.05.455
34.05.455 Ex parte communications. (1) A presiding
officer may not communicate, directly or indirectly, regarding any issue in the proceeding other than communications
necessary to procedural aspects of maintaining an orderly
process, with any person employed by the agency without
notice and opportunity for all parties to participate, except as
provided in this subsection:
(a) Where the ultimate legal authority of an agency is
vested in a multimember body, and where that body presides
at an adjudication, members of the body may communicate
with one another regarding the proceeding;
(2008 Ed.)
Administrative Procedure Act
(b) Any presiding officer may receive aid from legal
counsel, or from staff assistants who are subject to the presiding officer’s supervision; and
(c) Presiding officers may communicate with other
employees or consultants of the agency who have not participated in the proceeding in any manner, and who are not
engaged in any investigative or prosecutorial functions in the
same or a factually related case.
(d) This subsection does not apply to communications
required for the disposition of ex parte matters specifically
authorized by statute.
(2) Unless required for the disposition of ex parte matters
specifically authorized by statute or unless necessary to procedural aspects of maintaining an orderly process, a presiding
officer may not communicate, directly or indirectly, regarding any issue in the proceeding, with any person not
employed by the agency who has a direct or indirect interest
in the outcome of the proceeding, without notice and opportunity for all parties to participate.
(3) Unless necessary to procedural aspects of maintaining an orderly process, persons to whom a presiding officer
may not communicate under subsections (1) and (2) of this
section may not communicate with presiding officers without
notice and opportunity for all parties to participate.
(4) If, before serving as presiding officer in an adjudicative proceeding, a person receives an ex parte communication
of a type that could not properly be received while serving,
the person, promptly after starting to serve, shall disclose the
communication in the manner prescribed in subsection (5) of
this section.
(5) A presiding officer who receives an ex parte communication in violation of this section shall place on the record
of the pending matter all written communications received,
all written responses to the communications, and a memorandum stating the substance of all oral communications
received, all responses made, and the identity of each person
from whom the presiding officer received an ex parte communication. The presiding officer shall advise all parties that
these matters have been placed on the record. Upon request
made within ten days after notice of the ex parte communication, any party desiring to rebut the communication shall be
allowed to place a written rebuttal statement on the record.
Portions of the record pertaining to ex parte communications
or rebuttal statements do not constitute evidence of any fact at
issue in the matter unless a party moves the admission of any
portion of the record for purposes of establishing a fact at
issue and that portion is admitted pursuant to RCW
34.05.452.
(6) If necessary to eliminate the effect of an ex parte
communication received in violation of this section, a presiding officer who receives the communication may be disqualified, and the portions of the record pertaining to the communication may be sealed by protective order.
(7) The agency shall, and any party may, report any violation of this section to appropriate authorities for any disciplinary proceedings provided by law. In addition, each
agency by rule may provide for appropriate sanctions, including default, for any violations of this section. [1988 c 288 §
416.]
(2008 Ed.)
34.05.461
34.05.458 Separation of functions. (1) A person who
has served as investigator, prosecutor, or advocate in an adjudicative proceeding or in its preadjudicative stage, or one
who is subject to the authority, direction, or discretion of such
a person, may not serve as a presiding officer in the same proceeding.
(2) A person, including an agency head, who has participated in a determination of probable cause or other equivalent preliminary determination in an adjudicative proceeding
may serve as presiding officer or assist or advise a presiding
officer in the same proceeding unless a party demonstrates
grounds for disqualification in accordance with RCW
34.05.425.
(3) A person may serve as presiding officer at successive
stages of the same adjudicative proceeding unless a party
demonstrates grounds for disqualification in accordance with
RCW 34.05.425. [1988 c 288 § 417.]
34.05.458
34.05.461 Entry of orders. (1) Except as provided in
subsection (2) of this section:
(a) If the presiding officer is the agency head or one or
more members of the agency head, the presiding officer may
enter an initial order if further review is available within the
agency, or a final order if further review is not available;
(b) If the presiding officer is a person designated by the
agency to make the final decision and enter the final order,
the presiding officer shall enter a final order; and
(c) If the presiding officer is one or more administrative
law judges, the presiding officer shall enter an initial order.
(2) With respect to agencies exempt from chapter 34.12
RCW or an institution of higher education, the presiding
officer shall transmit a full and complete record of the proceedings, including such comments upon demeanor of witnesses as the presiding officer deems relevant, to each agency
official who is to enter a final or initial order after considering
the record and evidence so transmitted.
(3) Initial and final orders shall include a statement of
findings and conclusions, and the reasons and basis therefor,
on all the material issues of fact, law, or discretion presented
on the record, including the remedy or sanction and, if applicable, the action taken on a petition for a stay of effectiveness. Any findings based substantially on credibility of evidence or demeanor of witnesses shall be so identified. Findings set forth in language that is essentially a repetition or
paraphrase of the relevant provision of law shall be accompanied by a concise and explicit statement of the underlying
evidence of record to support the findings. The order shall
also include a statement of the available procedures and time
limits for seeking reconsideration or other administrative
relief. An initial order shall include a statement of any circumstances under which the initial order, without further
notice, may become a final order.
(4) Findings of fact shall be based exclusively on the evidence of record in the adjudicative proceeding and on matters
officially noticed in that proceeding. Findings shall be based
on the kind of evidence on which reasonably prudent persons
are accustomed to rely in the conduct of their affairs. Findings may be based on such evidence even if it would be inadmissible in a civil trial. However, the presiding officer shall
not base a finding exclusively on such inadmissible evidence
unless the presiding officer determines that doing so would
34.05.461
[Title 34 RCW—page 21]
34.05.464
Title 34 RCW: Administrative Law
not unduly abridge the parties’ opportunities to confront witnesses and rebut evidence. The basis for this determination
shall appear in the order.
(5) Where it bears on the issues presented, the agency’s
experience, technical competency, and specialized knowledge may be used in the evaluation of evidence.
(6) If a person serving or designated to serve as presiding
officer becomes unavailable for any reason before entry of
the order, a substitute presiding officer shall be appointed as
provided in RCW 34.05.425. The substitute presiding officer
shall use any existing record and may conduct any further
proceedings appropriate in the interests of justice.
(7) The presiding officer may allow the parties a designated time after conclusion of the hearing for the submission
of memos, briefs, or proposed findings.
(8)(a) Except as otherwise provided in (b) of this subsection, initial or final orders shall be served in writing within
ninety days after conclusion of the hearing or after submission of memos, briefs, or proposed findings in accordance
with subsection (7) of this section unless this period is waived
or extended for good cause shown.
(b) This subsection does not apply to the final order of
the shorelines hearings board on appeal under RCW
90.58.180(3).
(9) The presiding officer shall cause copies of the order
to be served on each party and the agency. [1995 c 347 § 312;
1989 c 175 § 19; 1988 c 288 § 418.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
(6) The reviewing officer shall afford each party an
opportunity to present written argument and may afford each
party an opportunity to present oral argument.
(7) The reviewing officer shall enter a final order disposing of the proceeding or remand the matter for further proceedings, with instructions to the presiding officer who
entered the initial order. Upon remanding a matter, the
reviewing officer shall order such temporary relief as is
authorized and appropriate.
(8) A final order shall include, or incorporate by reference to the initial order, all matters required by RCW
34.05.461(3).
(9) The reviewing officer shall cause copies of the final
order or order remanding the matter for further proceedings
to be served upon each party. [1989 c 175 § 20; 1988 c 288 §
419.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.467 Stay. A party may submit to the presiding or
reviewing officer, as is appropriate to the stage of the proceeding, a petition for stay of effectiveness of a final order
within ten days of its service unless otherwise provided by
statute or stated in the final order. Disposition of the petition
for stay shall be made by the presiding officer, reviewing
officer, or agency head as provided by agency rule. Disposition may be made either before or after the effective date of
the final order. Disposition denying a stay is not subject to
judicial review. [1988 c 288 § 420.]
34.05.467
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.470 Reconsideration. (1) Within ten days of the
service of a final order, any party may file a petition for
reconsideration, stating the specific grounds upon which
relief is requested. The place of filing and other procedures, if
any, shall be specified by agency rule.
(2) No petition for reconsideration may stay the effectiveness of an order.
(3) If a petition for reconsideration is timely filed, and
the petitioner has complied with the agency’s procedural
rules for reconsideration, if any, the time for filing a petition
for judicial review does not commence until the agency disposes of the petition for reconsideration. The agency is
deemed to have denied the petition for reconsideration if,
within twenty days from the date the petition is filed, the
agency does not either: (a) Dispose of the petition; or (b)
serve the parties with a written notice specifying the date by
which it will act on the petition.
(4) Unless the petition for reconsideration is deemed
denied under subsection (3) of this section, the petition shall
be disposed of by the same person or persons who entered the
order, if reasonably available. The disposition shall be in the
form of a written order denying the petition, granting the petition and dissolving or modifying the final order, or granting
the petition and setting the matter for further hearing.
(5) The filing of a petition for reconsideration is not a
prerequisite for seeking judicial review. An order denying
reconsideration, or a notice provided for in subsection (3)(b)
of this section is not subject to judicial review. [1989 c 175 §
21; 1988 c 288 § 421.]
34.05.470
34.05.464 Review of initial orders. (1) As authorized
by law, an agency may by rule provide that initial orders in
specified classes of cases may become final without further
agency action unless, within a specified period, (a) the
agency head upon its own motion determines that the initial
order should be reviewed, or (b) a party to the proceedings
files a petition for administrative review of the initial order.
Upon occurrence of either event, notice shall be given to all
parties to the proceeding.
(2) As authorized by law, an agency head may appoint a
person to review initial orders and to prepare and enter final
agency orders.
(3) RCW 34.05.425 and 34.05.455 apply to any person
reviewing an initial order on behalf of an agency as part of the
decision process, and to persons communicating with them,
to the same extent that it is applicable to presiding officers.
(4) The officer reviewing the initial order (including the
agency head reviewing an initial order) is, for the purposes of
this chapter, termed the reviewing officer. The reviewing
officer shall exercise all the decision-making power that the
reviewing officer would have had to decide and enter the
final order had the reviewing officer presided over the hearing, except to the extent that the issues subject to review are
limited by a provision of law or by the reviewing officer upon
notice to all the parties. In reviewing findings of fact by presiding officers, the reviewing officers shall give due regard to
the presiding officer’s opportunity to observe the witnesses.
(5) The reviewing officer shall personally consider the
whole record or such portions of it as may be cited by the parties.
34.05.464
[Title 34 RCW—page 22]
Effective date—1989 c 175: See note following RCW 34.05.010.
(2008 Ed.)
Administrative Procedure Act
34.05.473 Effectiveness of orders. (1) Unless a later
date is stated in an order or a stay is granted, an order is effective when entered, but:
(a) A party may not be required to comply with a final
order unless the party has been served with or has actual
knowledge of the final order;
(b) A nonparty may not be required to comply with a
final order unless the agency has made the final order available for public inspection and copying or the nonparty has
actual knowledge of the final order;
(c) For purposes of determining time limits for further
administrative procedure or for judicial review, the determinative date is the date of service of the order.
(2) Unless a later date is stated in the initial order or a
stay is granted, the time when an initial order becomes a final
order in accordance with RCW 34.05.461 is determined as
follows:
(a) When the initial order is entered, if administrative
review is unavailable; or
(b) When the agency head with such authority enters an
order stating, after a petition for administrative review has
been filed, that review will not be exercised.
(3) This section does not preclude an agency from taking
immediate action to protect the public interest in accordance
with RCW 34.05.479. [1989 c 175 § 22; 1988 c 288 § 422.]
34.05.473
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.476 Agency record. (1) An agency shall maintain an official record of each adjudicative proceeding under
this chapter.
(2) The agency record shall include:
(a) Notices of all proceedings;
(b) Any prehearing order;
(c) Any motions, pleadings, briefs, petitions, requests,
and intermediate rulings;
(d) Evidence received or considered;
(e) A statement of matters officially noticed;
(f) Proffers of proof and objections and rulings thereon;
(g) Proposed findings, requested orders, and exceptions;
(h) The recording prepared for the presiding officer at
the hearing, together with any transcript of all or part of the
hearing considered before final disposition of the proceeding;
(i) Any final order, initial order, or order on reconsideration;
(j) Staff memoranda or data submitted to the presiding
officer, unless prepared and submitted by personal assistants
and not inconsistent with RCW 34.05.455; and
(k) Matters placed on the record after an ex parte communication.
(3) Except to the extent that this chapter or another statute provides otherwise, the agency record constitutes the
exclusive basis for agency action in adjudicative proceedings
under this chapter and for judicial review of adjudicative proceedings. [1988 c 288 § 423.]
34.05.476
34.05.479 Emergency adjudicative proceedings. (1)
Unless otherwise provided by law, an agency may use emergency adjudicative proceedings in a situation involving an
immediate danger to the public health, safety, or welfare
requiring immediate agency action.
34.05.479
(2008 Ed.)
34.05.482
(2) The agency may take only such action as is necessary
to prevent or avoid the immediate danger to the public health,
safety, or welfare that justifies use of emergency adjudication.
(3) The agency shall enter an order, including a brief
statement of findings of fact, conclusions of law, and policy
reasons for the decision if it is an exercise of the agency’s discretion, to justify the determination of an immediate danger
and the agency’s decision to take the specific action.
(4) The agency shall give such notice as is practicable to
persons who are required to comply with the order. The order
is effective when entered.
(5) After entering an order under this section, the agency
shall proceed as quickly as feasible to complete any proceedings that would be required if the matter did not involve an
immediate danger.
(6) The agency record consists of any documents regarding the matter that were considered or prepared by the
agency. The agency shall maintain these documents as its
official record.
(7) Unless otherwise required by a provision of law, the
agency record need not constitute the exclusive basis for
agency action in emergency adjudicative proceedings or for
judicial review thereof.
(8) This section shall not apply to agency action taken
pursuant to a provision of law that expressly authorizes the
agency to issue a cease and desist order. The agency may proceed, alternatively, under that independent authority. [1988 c
288 § 424.]
Designation of persons for emergency adjudications by utilities and transportation commission: RCW 80.01.060.
34.05.4791 Secure community transition facility—
Proceeding concerning public safety measures. A petition
brought pursuant to RCW 71.09.342(5) shall be heard under
the provisions of RCW 34.05.479 except that the decision of
the governor’s designee shall be final and is not subject to
judicial review. [2002 c 68 § 10.]
34.05.4791
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
34.05.482 Brief adjudicative proceedings—Applicability. (1) An agency may use brief adjudicative proceedings
if:
(a) The use of those proceedings in the circumstances
does not violate any provision of law;
(b) The protection of the public interest does not require
the agency to give notice and an opportunity to participate to
persons other than the parties;
(c) The matter is entirely within one or more categories
for which the agency by rule has adopted this section and
RCW 34.05.485 through 34.05.494; and
(d) The issue and interests involved in the controversy do
not warrant use of the procedures of RCW 34.05.413 through
34.05.479.
(2) Brief adjudicative proceedings are not authorized for
public assistance and food stamp or benefit programs provided for in Title 74 RCW, including but not limited to public
assistance as defined in RCW 74.04.005(1). [1998 c 79 § 3;
1988 c 288 § 425.]
34.05.482
[Title 34 RCW—page 23]
34.05.485
Title 34 RCW: Administrative Law
34.05.485 Brief adjudicative proceedings—Procedure. (1) If not specifically prohibited by law, the following
persons may be designated as the presiding officer of a brief
adjudicative proceeding:
(a) The agency head;
(b) One or more members of the agency head;
(c) One or more administrative law judges; or
(d) One or more other persons designated by the agency
head.
(2) Before taking action, the presiding officer shall give
each party an opportunity to be informed of the agency’s
view of the matter and to explain the party’s view of the matter.
(3) At the time any unfavorable action is taken the presiding officer shall serve upon each party a brief statement of
the reasons for the decision. Within ten days, the presiding
officer shall give the parties a brief written statement of the
reasons for the decision and information about any internal
administrative review available.
(4) The brief written statement is an initial order. If no
review is taken of the initial order as authorized by RCW
34.05.488 and 34.05.491, the initial order shall be the final
order. [1989 c 175 § 23; 1988 c 288 § 426.]
34.05.485
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.488 Brief proceedings—Administrative
review—Applicability. Unless prohibited by any provision
of law, an agency, on its own motion, may conduct administrative review of an order resulting from brief adjudicative
proceedings. An agency shall conduct this review upon the
written or oral request of a party if the agency receives the
request within twenty-one days after service of the written
statement required by RCW 34.05.485(3). [1989 c 175 § 24;
1988 c 288 § 427.]
34.05.488
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.491 Brief proceedings—Administrative
review—Procedures. Unless otherwise provided by statute:
(1) If the parties have not requested review, the agency
may review an order resulting from a brief adjudicative proceeding on its own motion and without notice to the parties,
but it may not take any action on review less favorable to any
party than the original order without giving that party notice
and an opportunity to explain that party’s view of the matter.
(2) The reviewing officer may be any person who could
have presided at the brief proceeding, but the reviewing
officer must be one who is authorized to grant appropriate
relief upon review.
(3) The reviewing officer shall give each party an opportunity to explain the party’s view of the matter and shall make
any inquiries necessary to ascertain whether the proceeding
must be converted to a formal adjudicative hearing.
(4) The order on review must be in writing, must include
a brief statement of the reasons for the decision, and must be
entered within twenty days after the date of the initial order or
of the request for review, whichever is later. The order shall
include a description of any further available administrative
review or, if none is available, a notice that judicial review
may be available.
34.05.491
[Title 34 RCW—page 24]
(5) A request for administrative review is deemed to
have been denied if the agency does not make a disposition of
the matter within twenty days after the request is submitted.
[1988 c 288 § 428.]
34.05.494 Agency record in brief proceedings. (1)
The agency record consists of any documents regarding the
matter that were considered or prepared by the presiding
officer for the brief adjudicative proceeding or by the reviewing officer for any review. The agency shall maintain these
documents as its official record.
(2) Unless otherwise required by a provision of law, the
agency record need not constitute the exclusive basis for
agency action in brief adjudicative proceedings or for the
judicial review of brief adjudicative proceedings. [1988 c
288 § 429.]
34.05.494
PART V
JUDICIAL REVIEW AND CIVIL ENFORCEMENT
34.05.510 Relationship between this chapter and
other judicial review authority. This chapter establishes
the exclusive means of judicial review of agency action,
except:
(1) The provisions of this chapter for judicial review do
not apply to litigation in which the sole issue is a claim for
money damages or compensation and the agency whose
action is at issue does not have statutory authority to determine the claim.
(2) Ancillary procedural matters before the reviewing
court, including intervention, class actions, consolidation,
joinder, severance, transfer, protective orders, and other relief
from disclosure of privileged or confidential material, are
governed, to the extent not inconsistent with this chapter, by
court rule.
(3) To the extent that de novo review or jury trial review
of agency action is expressly authorized by provision of law.
[1988 c 288 § 501.]
34.05.510
34.05.514 Petition for review—Where filed. (1)
Except as provided in subsections (2) through (4) of this section, proceedings for review under this chapter shall be instituted by paying the fee required under RCW 36.18.020 and
filing a petition in the superior court, at the petitioner’s
option, for (a) Thurston county, (b) the county of the petitioner’s residence or principal place of business, or (c) in any
county where the property owned by the petitioner and
affected by the contested decision is located.
(2) For proceedings involving institutions of higher education, the petition shall be filed either in the county in which
the principal office of the institution involved is located or in
the county of a branch campus if the action involves such
branch.
(3) For proceedings conducted by the pollution control
hearings board pursuant to chapter 43.21B RCW or as otherwise provided in RCW 90.03.210(2) involving decisions of
the department of ecology on applications for changes or
transfers of water rights that are the subject of a general adjudication of water rights that is being litigated actively under
chapter 90.03 or 90.44 RCW, the petition must be filed with
34.05.514
(2008 Ed.)
Administrative Procedure Act
the superior court conducting the adjudication, to be consolidated by the court with the general adjudication. A party to
the adjudication shall be a party to the appeal under this chapter only if the party files or is served with a petition for review
to the extent required by this chapter.
(4) For proceedings involving appeals of examinations
or evaluation exercises of the board of pilotage commissioners under chapter 88.16 RCW, the petition must be filed
either in Thurston county or in the county in which the board
maintains its principal office. [2008 c 128 § 16; 2001 c 220 §
3. Prior: 1995 c 347 § 113; 1995 c 292 § 9; 1994 c 257 § 23;
1988 c 288 § 502.]
Intent—Construction—Effective date—2001 c 220: See notes following RCW 43.21B.110.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Severability—1994 c 257: See note following RCW 36.70A.270.
34.05.518 Direct review by court of appeals. (1) The
final decision of an administrative agency in an adjudicative
proceeding under this chapter may, except as otherwise provided in chapter 43.21L RCW, be directly reviewed by the
court of appeals either (a) upon certification by the superior
court pursuant to this section or (b) if the final decision is
from an environmental board as defined in subsection (3) of
this section, upon acceptance by the court of appeals after a
certificate of appealability has been filed by the environmental board that rendered the final decision.
(2) For direct review upon certification by the superior
court, an application for direct review must be filed with the
superior court within thirty days of the filing of the petition
for review in superior court. The superior court may certify a
case for direct review only if the judicial review is limited to
the record of the agency proceeding and the court finds that:
(a) Fundamental and urgent issues affecting the future
administrative process or the public interest are involved
which require a prompt determination;
(b) Delay in obtaining a final and prompt determination
of such issues would be detrimental to any party or the public
interest;
(c) An appeal to the court of appeals would be likely
regardless of the determination in superior court; and
(d) The appellate court’s determination in the proceeding
would have significant precedential value.
Procedures for certification shall be established by court
rule.
(3)(a) For the purposes of direct review of final decisions
of environmental boards, environmental boards include those
boards identified in RCW 43.21B.005 and growth management hearings boards as identified in RCW 36.70A.250.
(b) An environmental board may issue a certificate of
appealability if it finds that delay in obtaining a final and
prompt determination of the issues would be detrimental to
any party or the public interest and either:
(i) Fundamental and urgent statewide or regional issues
are raised; or
(ii) The proceeding is likely to have significant precedential value.
(4) The environmental board shall state in the certificate
of appealability which criteria it applied, explain how that
34.05.518
(2008 Ed.)
34.05.526
criteria was met, and file with the certificate a copy of the
final decision.
(5) For an appellate court to accept direct review of a
final decision of an environmental board, it shall consider the
same criteria outlined in subsection (3) of this section, except
as otherwise provided in chapter 43.21L RCW.
(6) The procedures for direct review of final decisions of
environmental boards include:
(a) Within thirty days after filing the petition for review
with the superior court, a party may file an application for
direct review with the superior court and serve the appropriate environmental board and all parties of record. The application shall request the environmental board to file a certificate of appealability.
(b) If an issue on review is the jurisdiction of the environmental board, the board may file an application for direct
review on that issue.
(c) The environmental board shall have thirty days to
grant or deny the request for a certificate of appealability and
its decision shall be filed with the superior court and served
on all parties of record.
(d) If a certificate of appealability is issued, the parties
shall have fifteen days from the date of service to file a notice
of discretionary review in the superior court, and the notice
shall include a copy of the certificate of appealability and a
copy of the final decision.
(e) If the appellate court accepts review, the certificate of
appealability shall be transmitted to the court of appeals as
part of the certified record.
(f) If a certificate of appealability is denied, review shall
be by the superior court. The superior court’s decision may
be appealed to the court of appeals. [2003 c 393 § 16; 1995 c
382 § 5; 1988 c 288 § 503; 1980 c 76 § 1. Formerly RCW
34.04.133.]
Implementation—Effective date—2003 c 393: See RCW 43.21L.900
and 43.21L.901.
34.05.522 Refusal of review by court of appeals. The
court of appeals may refuse to accept direct review of a case
pursuant to RCW 34.05.518 if it finds that the case does not
meet the applicable standard in RCW 34.05.518 (2) or (5).
Rules of Appellate Procedure 2.3 do not apply in this
instance. The refusal to accept such review is not subject to
further appellate review, notwithstanding anything in Rule
13.3 of the Rules of Appellate Procedure to the contrary.
[1995 c 382 § 6; 1988 c 288 § 504; 1980 c 76 § 2. Formerly
RCW 34.04.135.]
34.05.522
34.05.526 Appellate review by supreme court or
court of appeals. An aggrieved party may secure appellate
review of any final judgment of the superior court under this
chapter by the supreme court or the court of appeals. The
review shall be secured in the manner provided by law for
review of superior court decisions in other civil cases. [1988
c 288 § 505; 1988 c 202 § 35; 1971 c 81 § 87; 1959 c 234 §
14. Formerly RCW 34.04.140.]
34.05.526
Reviser’s note: This section was amended by 1988 c 202 § 35, effective June 9, 1988, and by 1988 c 288 § 505, effective July 1, 1989, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see
RCW 1.12.025(1).
[Title 34 RCW—page 25]
34.05.530
Title 34 RCW: Administrative Law
Severability—1988 c 202: See note following RCW 2.24.050.
34.05.530 Standing. A person has standing to obtain
judicial review of agency action if that person is aggrieved or
adversely affected by the agency action. A person is
aggrieved or adversely affected within the meaning of this
section only when all three of the following conditions are
present:
(1) The agency action has prejudiced or is likely to prejudice that person;
(2) That person’s asserted interests are among those that
the agency was required to consider when it engaged in the
agency action challenged; and
(3) A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused
or likely to be caused by the agency action. [1988 c 288 §
506.]
34.05.530
34.05.534 Exhaustion of administrative remedies. A
person may file a petition for judicial review under this chapter only after exhausting all administrative remedies available
within the agency whose action is being challenged, or available within any other agency authorized to exercise administrative review, except:
(1) A petitioner for judicial review of a rule need not
have participated in the rule-making proceeding upon which
that rule is based, have petitioned for its amendment or
repeal, have petitioned the joint administrative rules review
committee for its review, or have appealed a petition for
amendment or repeal to the governor;
(2) A petitioner for judicial review need not exhaust
administrative remedies to the extent that this chapter or any
other statute states that exhaustion is not required; or
(3) The court may relieve a petitioner of the requirement
to exhaust any or all administrative remedies upon a showing
that:
(a) The remedies would be patently inadequate;
(b) The exhaustion of remedies would be futile; or
(c) The grave irreparable harm that would result from
having to exhaust administrative remedies would clearly outweigh the public policy requiring exhaustion of administrative remedies. [1997 c 409 § 302; 1995 c 403 § 803; 1988 c
288 § 507.]
34.05.534
Part headings—Severability—1997 c 409: See notes following RCW
43.22.051.
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
34.05.542 Time for filing petition for review. Subject
to other requirements of this chapter or of another statute:
(1) A petition for judicial review of a rule may be filed at
any time, except as limited by RCW 34.05.375.
(2) A petition for judicial review of an order shall be
filed with the court and served on the agency, the office of the
attorney general, and all parties of record within thirty days
after service of the final order.
(3) A petition for judicial review of agency action other
than the adoption of a rule or the entry of an order is not
timely unless filed with the court and served on the agency,
34.05.542
[Title 34 RCW—page 26]
the office of the attorney general, and all other parties of
record within thirty days after the agency action, but the time
is extended during any period that the petitioner did not know
and was under no duty to discover or could not reasonably
have discovered that the agency had taken the action or that
the agency action had a sufficient effect to confer standing
upon the petitioner to obtain judicial review under this chapter.
(4) Service of the petition on the agency shall be by
delivery of a copy of the petition to the office of the director,
or other chief administrative officer or chairperson of the
agency, at the principal office of the agency. Service of a
copy by mail upon the other parties of record and the office of
the attorney general shall be deemed complete upon deposit
in the United States mail, as evidenced by the postmark.
(5) Failure to timely serve a petition on the office of the
attorney general is not grounds for dismissal of the petition.
(6) For purposes of this section, service upon the attorney of record of any agency or party of record constitutes service upon the agency or party of record. [1998 c 186 § 1;
1988 c 288 § 509.]
34.05.546 Petition for review—Contents. A petition
for review must set forth:
(1) The name and mailing address of the petitioner;
(2) The name and mailing address of the petitioner’s
attorney, if any;
(3) The name and mailing address of the agency whose
action is at issue;
(4) Identification of the agency action at issue, together
with a duplicate copy, summary, or brief description of the
agency action;
(5) Identification of persons who were parties in any
adjudicative proceedings that led to the agency action;
(6) Facts to demonstrate that the petitioner is entitled to
obtain judicial review;
(7) The petitioner’s reasons for believing that relief
should be granted; and
(8) A request for relief, specifying the type and extent of
relief requested. [1988 c 288 § 510.]
34.05.546
34.05.550 Stay and other temporary remedies. (1)
Unless precluded by law, the agency may grant a stay, in
whole or in part, or other temporary remedy.
(2) After a petition for judicial review has been filed, a
party may file a motion in the reviewing court seeking a stay
or other temporary remedy.
(3) If judicial relief is sought for a stay or other temporary remedy from agency action based on public health,
safety, or welfare grounds the court shall not grant such relief
unless the court finds that:
(a) The applicant is likely to prevail when the court
finally disposes of the matter;
(b) Without relief the applicant will suffer irreparable
injury;
(c) The grant of relief to the applicant will not substantially harm other parties to the proceedings; and
(d) The threat to the public health, safety, or welfare is
not sufficiently serious to justify the agency action in the circumstances.
34.05.550
(2008 Ed.)
Administrative Procedure Act
(4) If the court determines that relief should be granted
from the agency’s action granting a stay or other temporary
remedies, the court may remand the matter or may enter an
order denying a stay or granting a stay on appropriate terms.
[1989 c 175 § 25; 1988 c 288 § 511.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.554 Limitation on new issues. (1) Issues not
raised before the agency may not be raised on appeal, except
to the extent that:
(a) The person did not know and was under no duty to
discover or could not have reasonably discovered facts giving
rise to the issue;
(b) The agency action subject to judicial review is a rule
and the person has not been a party in adjudicative proceedings that provided an adequate opportunity to raise the issue;
(c) The agency action subject to judicial review is an
order and the person was not notified of the adjudicative proceeding in substantial compliance with this chapter; or
(d) The interests of justice would be served by resolution
of an issue arising from:
(i) A change in controlling law occurring after the
agency action; or
(ii) Agency action occurring after the person exhausted
the last feasible opportunity for seeking relief from the
agency.
(2) The court shall remand to the agency for determination any issue that is properly raised pursuant to subsection
(1) of this section. [1988 c 288 § 512.]
34.05.554
34.05.558 Judicial review of facts confined to record.
Judicial review of disputed issues of fact shall be conducted
by the court without a jury and must be confined to the
agency record for judicial review as defined by this chapter,
supplemented by additional evidence taken pursuant to this
chapter. [1988 c 288 § 513.]
34.05.558
34.05.562 New evidence taken by court or agency.
(1) The court may receive evidence in addition to that contained in the agency record for judicial review, only if it
relates to the validity of the agency action at the time it was
taken and is needed to decide disputed issues regarding:
(a) Improper constitution as a decision-making body or
grounds for disqualification of those taking the agency
action;
(b) Unlawfulness of procedure or of decision-making
process; or
(c) Material facts in rule making, brief adjudications, or
other proceedings not required to be determined on the
agency record.
(2) The court may remand a matter to the agency, before
final disposition of a petition for review, with directions that
the agency conduct fact-finding and other proceedings the
court considers necessary and that the agency take such further action on the basis thereof as the court directs, if:
(a) The agency was required by this chapter or any other
provision of law to base its action exclusively on a record of
a type reasonably suitable for judicial review, but the agency
failed to prepare or preserve an adequate record;
34.05.562
(2008 Ed.)
34.05.570
(b) The court finds that (i) new evidence has become
available that relates to the validity of the agency action at the
time it was taken, that one or more of the parties did not know
and was under no duty to discover or could not have reasonably been discovered until after the agency action, and (ii) the
interests of justice would be served by remand to the agency;
(c) The agency improperly excluded or omitted evidence
from the record; or
(d) A relevant provision of law changed after the agency
action and the court determines that the new provision may
control the outcome. [1988 c 288 § 514.]
34.05.566
34.05.566 Agency record for review—Costs. (1)
Within thirty days after service of the petition for judicial
review, or within further time allowed by the court or by
other provision of law, the agency shall transmit to the court
the original or a certified copy of the agency record for judicial review of the agency action. The record shall consist of
any agency documents expressing the agency action, other
documents identified by the agency as having been considered by it before its action and used as a basis for its action,
and any other material described in this chapter as the agency
record for the type of agency action at issue, subject to the
provisions of this section.
(2) If part of the record has been preserved without a
transcript, the agency shall prepare a transcript for inclusion
in the record transmitted to the court, except for portions that
the parties stipulate to omit in accordance with subsection (4)
of this section.
(3) The agency may charge a nonindigent petitioner with
the reasonable costs of preparing any necessary copies and
transcripts for transmittal to the court. A failure by the petitioner to pay any of this cost to the agency relieves the agency
from the responsibility for preparation of the record and
transmittal to the court.
(4) The record may be shortened, summarized, or organized temporarily or, by stipulation of all parties, permanently.
(5) The court may tax the cost of preparing transcripts
and copies of the record:
(a) Against a party who unreasonably refuses to stipulate
to shorten, summarize, or organize the record; or
(b) In accordance with any provision of law.
(6) Additions to the record pursuant to RCW 34.05.562
must be made as ordered by the court.
(7) The court may require or permit subsequent corrections or additions to the record. [1989 c 175 § 26; 1988 c 288
§ 515.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.570
34.05.570 Judicial review. (1) Generally. Except to
the extent that this chapter or another statute provides otherwise:
(a) The burden of demonstrating the invalidity of agency
action is on the party asserting invalidity;
(b) The validity of agency action shall be determined in
accordance with the standards of review provided in this section, as applied to the agency action at the time it was taken;
[Title 34 RCW—page 27]
34.05.574
Title 34 RCW: Administrative Law
(c) The court shall make a separate and distinct ruling on
each material issue on which the court’s decision is based;
and
(d) The court shall grant relief only if it determines that a
person seeking judicial relief has been substantially prejudiced by the action complained of.
(2) Review of rules. (a) A rule may be reviewed by petition for declaratory judgment filed pursuant to this subsection
or in the context of any other review proceeding under this
section. In an action challenging the validity of a rule, the
agency shall be made a party to the proceeding.
(b)(i) The validity of any rule may be determined upon
petition for a declaratory judgment addressed to the superior
court of Thurston county, when it appears that the rule, or its
threatened application, interferes with or impairs or immediately threatens to interfere with or impair the legal rights or
privileges of the petitioner. The declaratory judgment order
may be entered whether or not the petitioner has first
requested the agency to pass upon the validity of the rule in
question.
(ii) From June 10, 2004, until July 1, 2008:
(A) If the petitioner’s residence or principal place of
business is within the geographical boundaries of the third
division of the court of appeals as defined by RCW
2.06.020(3), the petition may be filed in the superior court of
Spokane, Yakima, or Thurston county; and
(B) If the petitioner’s residence or principal place of
business is within the geographical boundaries of district
three of the first division of the court of appeals as defined by
RCW 2.06.020(1), the petition may be filed in the superior
court of Whatcom or Thurston county.
(c) In a proceeding involving review of a rule, the court
shall declare the rule invalid only if it finds that: The rule
violates constitutional provisions; the rule exceeds the statutory authority of the agency; the rule was adopted without
compliance with statutory rule-making procedures; or the
rule is arbitrary and capricious.
(3) Review of agency orders in adjudicative proceedings.
The court shall grant relief from an agency order in an adjudicative proceeding only if it determines that:
(a) The order, or the statute or rule on which the order is
based, is in violation of constitutional provisions on its face
or as applied;
(b) The order is outside the statutory authority or jurisdiction of the agency conferred by any provision of law;
(c) The agency has engaged in unlawful procedure or
decision-making process, or has failed to follow a prescribed
procedure;
(d) The agency has erroneously interpreted or applied the
law;
(e) The order is not supported by evidence that is substantial when viewed in light of the whole record before the
court, which includes the agency record for judicial review,
supplemented by any additional evidence received by the
court under this chapter;
(f) The agency has not decided all issues requiring resolution by the agency;
(g) A motion for disqualification under RCW 34.05.425
or 34.12.050 was made and was improperly denied or, if no
motion was made, facts are shown to support the grant of
such a motion that were not known and were not reasonably
[Title 34 RCW—page 28]
discoverable by the challenging party at the appropriate time
for making such a motion;
(h) The order is inconsistent with a rule of the agency
unless the agency explains the inconsistency by stating facts
and reasons to demonstrate a rational basis for inconsistency;
or
(i) The order is arbitrary or capricious.
(4) Review of other agency action.
(a) All agency action not reviewable under subsection
(2) or (3) of this section shall be reviewed under this subsection.
(b) A person whose rights are violated by an agency’s
failure to perform a duty that is required by law to be performed may file a petition for review pursuant to RCW
34.05.514, seeking an order pursuant to this subsection
requiring performance. Within twenty days after service of
the petition for review, the agency shall file and serve an
answer to the petition, made in the same manner as an answer
to a complaint in a civil action. The court may hear evidence,
pursuant to RCW 34.05.562, on material issues of fact raised
by the petition and answer.
(c) Relief for persons aggrieved by the performance of
an agency action, including the exercise of discretion, or an
action under (b) of this subsection can be granted only if the
court determines that the action is:
(i) Unconstitutional;
(ii) Outside the statutory authority of the agency or the
authority conferred by a provision of law;
(iii) Arbitrary or capricious; or
(iv) Taken by persons who were not properly constituted
as agency officials lawfully entitled to take such action.
[2004 c 30 § 1; 1995 c 403 § 802; 1989 c 175 § 27; 1988 c 288
§ 516; 1977 ex.s. c 52 § 1; 1967 c 237 § 6; 1959 c 234 § 13.
Formerly RCW 34.04.130.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.574 Type of relief. (1) In a review under RCW
34.05.570, the court may (a) affirm the agency action or (b)
order an agency to take action required by law, order an
agency to exercise discretion required by law, set aside
agency action, enjoin or stay the agency action, remand the
matter for further proceedings, or enter a declaratory judgment order. The court shall set out in its findings and conclusions, as appropriate, each violation or error by the agency
under the standards for review set out in this chapter on
which the court bases its decision and order. In reviewing
matters within agency discretion, the court shall limit its
function to assuring that the agency has exercised its discretion in accordance with law, and shall not itself undertake to
exercise the discretion that the legislature has placed in the
agency. The court shall remand to the agency for modification of agency action, unless remand is impracticable or
would cause unnecessary delay.
(2) The sole remedy available to a person who is wrongfully denied licensure based upon a failure to pass an examination administered by a state agency, or under its auspices,
is the right to retake the examination free of the defect or
34.05.574
(2008 Ed.)
Administrative Procedure Act
defects the court may have found in the examination or the
examination procedure.
(3) The court may award damages, compensation, or
ancillary relief only to the extent expressly authorized by
another provision of law.
(4) If the court sets aside or modifies agency action or
remands the matter to the agency for further proceedings, the
court may make any interlocutory order it finds necessary to
preserve the interests of the parties and the public, pending
further proceedings or agency action. [1989 c 175 § 28; 1988
c 288 § 517.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.578
34.05.578 Petition by agency for enforcement. (1) In
addition to other remedies provided by law, an agency may
seek enforcement of its rule or order by filing a petition for
civil enforcement in the superior court.
(2) The petition must name as respondent each alleged
person against whom the agency seeks to obtain civil
enforcement.
(3) Venue is determined as in other civil cases.
(4) A petition for civil enforcement filed by an agency
may request, and the court may grant, declaratory relief, temporary or permanent injunctive relief, any other civil remedy
provided by law, or any combination of the foregoing. [1988
c 288 § 518.]
34.05.582
34.05.582 Petition by others for enforcement. (1)
Any person who would qualify under this chapter as having
standing to obtain judicial review of an agency’s failure to
enforce an order directed to another person may file a petition
for civil enforcement of that order, but the action may not be
commenced:
(a) Until at least sixty days after the petitioner has given
notice of the alleged violation and of the petitioner’s intent to
seek civil enforcement to the head of the agency concerned,
to the attorney general, and to each person against whom the
petitioner seeks civil enforcement;
(b) If the agency has filed and is diligently prosecuting a
petition for civil enforcement of the same order against the
same person; or
(c) If a petition for review of the same order has been
filed and a stay is in effect.
(2) The petition shall name, as respondents, the agency
whose order is sought to be enforced and each person against
whom the petitioner seeks civil enforcement.
(3) The agency whose order is sought to be enforced may
move to dismiss the petition on the grounds that it fails to
qualify under this section or that the enforcement would be
contrary to the policy of the agency. The court shall grant the
motion to dismiss the petition unless the petitioner demonstrates that (a) the petition qualifies under this section and (b)
the agency’s failure to enforce its order is based on an exercise of discretion that is arbitrary or capricious.
(4) Except to the extent expressly authorized by law, a
petition for civil enforcement may not request, and the court
may not grant, any monetary payment apart from taxable
costs. [1988 c 288 § 519.]
(2008 Ed.)
34.05.588
34.05.586 Defenses, limitations on. (1) Except as
expressly provided in this section, a respondent may not
assert as a defense in a proceeding for civil enforcement any
fact or issue that the respondent had an opportunity to assert
before the agency or a reviewing court and did not, or upon
which the final determination of the agency or a reviewing
court was adverse to the respondent. A respondent may assert
as a defense only the following:
(a) That the rule or order is invalid under RCW
34.05.570(3) (a), (b), (c), (d), (g), or (h), but only when the
respondent did not know and was under no duty to discover,
or could not reasonably have discovered, facts giving rise to
this issue;
(b) That the interest of justice would be served by resolution of an issue arising from:
(i) A change in controlling law occurring after the
agency action; or
(ii) Agency action after the respondent has exhausted the
last foreseeable opportunity for seeking relief from the
agency or from a reviewing court;
(c) That the order does not apply to the respondent or that
the respondent has not violated the order; or
(d) A defense specifically authorized by statute to be
raised in a civil enforcement proceeding.
(2) The limitations of subsection (1) of this section do
not apply to the extent that:
(a) The agency action sought to be enforced is a rule and
the respondent has not been a party in an adjudicative proceeding that provided an adequate opportunity to raise the
issue; or
(b) The agency action sought to be enforced is an order
and the respondent was not notified actually or constructively
of the related adjudicative proceeding in substantial compliance with this chapter.
(3) The court, to the extent necessary for the determination of the matter, may take new evidence. [1989 c 175 § 29;
1988 c 288 § 520.]
34.05.586
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.588 Enforcement of agency subpoena. (1) If a
person fails to obey an agency subpoena issued in an adjudicative proceeding, or obeys the subpoena but refuses to testify or produce documents when requested concerning a matter under examination, the agency or attorney issuing the subpoena may petition the superior court of any county where
the hearing is being conducted, where the subpoenaed person
resides or is found, or where subpoenaed documents are
located, for enforcement of the subpoena. The petition shall
be accompanied by a copy of the subpoena and proof of service, shall set forth in what specific manner the subpoena has
not been complied with, and shall request an order of the
court to compel compliance. Upon such petition, the court
shall enter an order directing the person to appear before the
court at a time and place fixed in the order to show cause why
the person has not obeyed the subpoena or has refused to testify or produce documents. A copy of the court’s show cause
order shall be served upon the person. If it appears to the
court that the subpoena was properly issued, and that the particular questions the person refused to answer or the requests
for production of documents were reasonable and relevant,
the court shall enter an order that the person appear before the
34.05.588
[Title 34 RCW—page 29]
34.05.590
Title 34 RCW: Administrative Law
agency at the time and place fixed in the order and testify or
produce the required documents, and on failing to obey this
order the person shall be dealt with as for contempt of court.
(2) Agencies with statutory authority to issue investigative subpoenas may petition for enforcement of such subpoenas in accordance with subsection (1) of this section. The
agency may petition the superior court of any county where
the subpoenaed person resides or is found, or where subpoenaed documents are located. If it appears to the court that the
subpoena was properly issued, that the investigation is being
conducted for a lawfully authorized purpose, and that the testimony or documents required to be produced are adequately
specified and relevant to the investigation, the court shall
enter an order that the person appear before the agency at the
time and place fixed in the order and testify or produce the
required documents, and failing to obey this order the person
shall be dealt with as for contempt of court.
(3) Petitions for enforcement of agency subpoenas are
not subject to RCW 34.05.578 through 34.05.590. [1989 c
175 § 30.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.590 Incorporation of other judicial review provisions. Proceedings for civil enforcement are governed by
the following provisions of this chapter on judicial review, as
modified where necessary to adapt them to those proceedings:
(1) RCW 34.05.510(2) (ancillary procedural matters);
and
(2) RCW 34.05.566 (agency record for judicial review).
[1988 c 288 § 521.]
34.05.590
34.05.594 Review by higher court. Decisions on petitions for civil enforcement are reviewable as in other civil
cases. [1988 c 288 § 522.]
34.05.594
34.05.598 Frivolous petitions. The provisions of RCW
4.84.185 relating to civil actions that are frivolous and
advanced without reasonable cause apply to petitions for
judicial review under this chapter. [1988 c 288 § 607.]
34.05.598
PART VI
LEGISLATIVE REVIEW
34.05.610 Joint administrative rules review committee—Members—Appointment—Terms—Vacancies. (1)
There is hereby created a joint administrative rules review
committee which shall be a bipartisan committee consisting
of four senators and four representatives from the state legislature. The senate members of the committee shall be
appointed by the president of the senate, and the house members of the committee shall be appointed by the speaker of the
house. Not more than two members from each house may be
from the same political party. The appointing authorities shall
also appoint one alternate member from each caucus of each
house. All appointments to the committee are subject to
approval by the caucuses to which the appointed members
belong.
(2) Members and alternates shall be appointed as soon as
possible after the legislature convenes in regular session in an
34.05.610
[Title 34 RCW—page 30]
odd-numbered year, and their terms shall extend until their
successors are appointed and qualified at the next regular session of the legislature in an odd-numbered year or until such
persons no longer serve in the legislature, whichever occurs
first. Members and alternates may be reappointed to the committee.
(3) On or about January 1, 1999, the president of the senate shall appoint the chairperson and the vice chairperson
from among the committee membership. The speaker of the
house shall appoint the chairperson and the vice chairperson
in alternating even-numbered years beginning in the year
2000 from among the committee membership. The secretary
of the senate shall appoint the chairperson and the vice chairperson in the alternating even-numbered years beginning in
the year 2002 from among the committee membership. Such
appointments shall be made in January of each even-numbered year as soon as possible after a legislative session convenes.
(4) The chairperson of the committee shall cause all
meeting notices and committee documents to be sent to the
members and alternates. A vacancy shall be filled by appointment of a legislator from the same political party as the original appointment. The appropriate appointing authority shall
make the appointment within thirty days of the vacancy
occurring. [1998 c 280 § 9; 1996 c 318 § 2; 1988 c 288 § 601;
1983 c 53 § 1; 1981 c 324 § 5. Formerly RCW 34.04.210.]
Legislative affirmation—Severability—1981 c 324: See notes following RCW 34.05.010.
34.05.620 Review of proposed rules—Notice. If the
rules review committee finds by a majority vote of its members that a proposed rule is not within the intent of the legislature as expressed in the statute which the rule implements,
or that an agency may not be adopting a proposed rule in
accordance with all applicable provisions of law, the committee shall give the affected agency written notice of its decision. The notice shall be given at least seven days prior to any
hearing scheduled for consideration of or adoption of the proposed rule pursuant to RCW 34.05.320. The notice shall
include a statement of the review committee’s findings and
the reasons therefor. When the agency holds a hearing on the
proposed rule, the agency shall consider the review committee’s decision. [1996 c 318 § 3; 1994 c 249 § 17; 1988 c 288
§ 602; 1987 c 451 § 1; 1981 c 324 § 6. Formerly RCW
34.04.220.]
34.05.620
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
Legislative affirmation—Severability—1981 c 324: See notes following RCW 34.05.010.
34.05.630 Review of existing rules—Policy and interpretive statements, etc.—Notice—Hearing. (1) All rules
required to be filed pursuant to RCW 34.05.380, and emergency rules adopted pursuant to RCW 34.05.350, are subject
to selective review by the committee.
(2) All agency policy and interpretive statements, guidelines, and documents that are of general applicability, or their
equivalents, are subject to selective review by the committee
to determine whether or not a statement, guideline, or document that is of general applicability, or its equivalent, is being
34.05.630
(2008 Ed.)
Administrative Procedure Act
used as a rule that has not been adopted in accordance with all
applicable provisions of law.
(3) If the rules review committee finds by a majority vote
of its members: (a) That an existing rule is not within the
intent of the legislature as expressed by the statute which the
rule implements, (b) that the rule has not been adopted in
accordance with all applicable provisions of law, or (c) that
an agency is using a policy or interpretive statement in place
of a rule, the agency affected shall be notified of such finding
and the reasons therefor. Within thirty days of the receipt of
the rules review committee’s notice, the agency shall file
notice of a hearing on the rules review committee’s finding
with the code reviser and mail notice to all persons who have
made timely request of the agency for advance notice of its
rule-making proceedings as provided in RCW 34.05.320.
The agency’s notice shall include the rules review committee’s findings and reasons therefor, and shall be published in
the Washington state register in accordance with the provisions of chapter 34.08 RCW.
(4) The agency shall consider fully all written and oral
submissions regarding (a) whether the rule in question is
within the intent of the legislature as expressed by the statute
which the rule implements, (b) whether the rule was adopted
in accordance with all applicable provisions of law, and (c)
whether the agency is using a policy or interpretive statement, guideline, or document that is of general applicability,
or its equivalent, in place of a rule. [1998 c 21 § 1; 1996 c
318 § 4; 1994 c 249 § 18; 1993 c 277 § 1; 1988 c 288 § 603;
1987 c 451 § 2; 1981 c 324 § 7. Formerly RCW 34.04.230.]
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
Legislative affirmation—Severability—1981 c 324: See notes following RCW 34.05.010.
34.05.640 Committee objections to agency intended
action—Statement in register and WAC—Suspension of
rule. (1) Within seven days of an agency hearing held after
notification of the agency by the rules review committee pursuant to RCW 34.05.620 or 34.05.630, the affected agency
shall notify the committee of its intended action on a proposed or existing rule to which the committee objected or on
a committee finding of the agency’s failure to adopt rules.
(2) If the rules review committee finds by a majority vote
of its members: (a) That the proposed or existing rule in
question will not be modified, amended, withdrawn, or
repealed by the agency so as to conform with the intent of the
legislature, (b) that an existing rule was not adopted in accordance with all applicable provisions of law, or (c) that the
agency will not replace the policy or interpretive statement,
guideline, or document that is of general applicability, or its
equivalent, with a rule, the rules review committee may,
within thirty days from notification by the agency of its
intended action, file with the code reviser notice of its objections together with a concise statement of the reasons therefor. Such notice and statement shall also be provided to the
agency by the rules review committee.
(3)(a) If the rules review committee makes an adverse
finding regarding an existing rule under subsection (2)(a) or
(b) of this section, the committee may, by a majority vote of
its members, recommend suspension of the rule. Within
seven days of such vote the committee shall transmit to the
34.05.640
(2008 Ed.)
34.05.655
appropriate standing committees of the legislature, the governor, the code reviser, and the agency written notice of its
objection and recommended suspension and the concise reasons therefor. Within thirty days of receipt of the notice, the
governor shall transmit to the committee, the code reviser,
and the agency written approval or disapproval of the recommended suspension. If the suspension is approved by the governor, it is effective from the date of that approval and continues until ninety days after the expiration of the next regular
legislative session.
(b) If the rules review committee makes an adverse finding regarding a policy or interpretive statement, guideline, or
document that is of general applicability, or its equivalent,
under subsection (2)(c) of this section, the committee may,
by a majority vote of its members, advise the governor of its
finding.
(4) The code reviser shall publish transmittals from the
rules review committee or the governor issued pursuant to
subsection (2) or (3) of this section in the Washington state
register and shall publish in the next supplement and compilation of the Washington Administrative Code a reference to
the committee’s objection or recommended suspension and
the governor’s action on it and to the issue of the Washington
state register in which the full text thereof appears.
(5) The reference shall be removed from a rule published
in the Washington Administrative Code if a subsequent adjudicatory proceeding determines that the rule is within the
intent of the legislature or was adopted in accordance with all
applicable laws, whichever was the objection of the rules
review committee. [1998 c 21 § 2; 1996 c 318 § 5; 1994 c
249 § 19; 1993 c 277 § 2; 1988 c 288 § 604; 1987 c 451 § 3;
1981 c 324 § 8. Formerly RCW 34.04.240.]
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
Legislative affirmation—Severability—1981 c 324: See notes following RCW 34.05.010.
34.05.650 Recommendations by committee to legislature. The rules review committee may recommend to the
legislature that the original enabling legislation serving as
authority for the adoption of any rule reviewed by the committee be amended or repealed in such manner as the committee deems advisable. [1988 c 288 § 605; 1987 c 451 § 4; 1981
c 324 § 9. Formerly RCW 34.04.250.]
34.05.650
Legislative affirmation—Severability—1981 c 324: See notes following RCW 34.05.010.
34.05.655 Petition for review. (1) Any person may
petition the rules review committee for a review of a proposed or existing rule or a proposed or existing policy or
interpretive statement, guideline, or document that is of general applicability, or its equivalent. A petition to review a
statement, guideline, or document that is of general applicability, or its equivalent, may only be filed for the purpose of
requesting the committee to determine whether the statement,
guideline, or document that is of general applicability, or its
equivalent, is being used as a rule that has not been adopted
in accordance with all provisions of law. Within thirty days
of the receipt of the petition, the rules review committee shall
acknowledge receipt of the petition and describe any initial
action taken. If the rules review committee rejects the peti34.05.655
[Title 34 RCW—page 31]
34.05.660
Title 34 RCW: Administrative Law
tion, a written statement of the reasons for rejection shall be
included.
(2) A person may petition the rules review committee
under subsection (1) of this section requesting review of an
existing rule only if the person has petitioned the agency to
amend or repeal the rule under RCW 34.05.330(1) and such
petition was denied.
(3) A petition for review of a rule under subsection (1) of
this section shall:
(a) Identify with specificity the proposed or existing rule
to be reviewed;
(b) Identify the specific statute identified by the agency
as authorizing the rule, the specific statute which the rule
interprets or implements, and, if applicable, the specific statute the department is alleged not to have followed in adopting
the rule;
(c) State the reasons why the petitioner believes that the
rule is not within the intent of the legislature, or that its adoption was not or is not in accordance with law, and provide
documentation to support these statements;
(d) Identify any known judicial action regarding the rule
or statutes identified in the petition.
A petition to review an existing rule shall also include a
copy of the agency’s denial of a petition to amend or repeal
the rule issued under RCW 34.05.330(1) and, if available, a
c o p y of t h e g o ve r no r ’ s d e n ia l iss u e d u n d e r RC W
34.05.330(3).
(4) A petition for review of a policy or interpretive statement, guideline, or document that is of general applicability,
or its equivalent, under subsection (1) of this section shall:
(a) Identify the specific policy or interpretative statement, guideline, or document that is of general applicability,
or its equivalent, to be reviewed;
(b) Identify the specific statute which the rule interprets
or implements;
(c) State the reasons why the petitioner believes that the
policy or interpretive statement, guideline, or document that
is of general applicability, or its equivalent, meets the definition of a rule under RCW 34.05.010 and should have been
adopted according to the procedures of this chapter;
(d) Identify any known judicial action regarding the policy or interpretive statement, guideline, or document that is of
general applicability, or its equivalent, or statutes identified
in the petition.
(5) Within ninety days of receipt of the petition, the rules
review committee shall make a final decision on the rule for
which the petition for review was not previously rejected.
[1998 c 21 § 3; 1996 c 318 § 7; 1995 c 403 § 502.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
34.05.660 Review and objection procedures—No
presumption established. It is the express policy of the legislature that establishment of procedures for review of administrative rules by the legislature and the notice of objection
required by RCW 34.05.630(3) and 34.05.640(2) in no way
serves to establish a presumption as to the legality or constitutionality of a rule in any subsequent judicial proceedings
34.05.660
[Title 34 RCW—page 32]
interpreting such rules. [2001 c 64 § 2; 1988 c 288 § 606;
1981 c 324 § 10. Formerly RCW 34.04.260.]
Legislative affirmation—Severability—1981 c 324: See notes following RCW 34.05.010.
34.05.665 Submission of rule for review—State
employees protected. Any individual employed or holding
office in any department or agency of state government may
submit rules warranting review to the rules review committee. Any such state employee is protected under chapter
42.40 RCW. [1995 c 403 § 503.]
34.05.665
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
34.05.671 Reports—Advisory boards—Staff. (1) The
rules review committee may make reports from time to time
to the members of the legislature and to the public with
respect to any of its findings or recommendations. The committee shall keep complete minutes of its meetings.
(2) The committee may establish ad hoc advisory boards,
including but not limited to, ad hoc economics or science
advisory boards to assist the committee in its rules review
functions.
(3) The committee may hire staff as needed to perform
functions under this chapter. [1995 c 403 § 505.]
34.05.671
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
34.05.675 Inspection of properties—Oaths, subpoenas, witnesses, depositions. In the discharge of any duty
imposed under this chapter, the rules review committee may
examine and inspect all properties, equipment, facilities,
files, records, and accounts of any state office, department,
institution, board, committee, commission, or agency, and
administer oaths, issue subpoenas, compel the attendance of
witnesses and the production of any papers, books, accounts,
documents, and testimony, and cause the deposition of witnesses, either residing within or without the state, to be taken
in the manner prescribed by law for taking depositions in
civil actions in the superior courts. [1995 c 403 § 506.]
34.05.675
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
34.05.681 Enforcement—Committee subpoena—
Refusal to testify. In case of the failure on the part of any
person to comply with any subpoena issued in [on] behalf of
the rules review committee, or on the refusal of any witness
to testify to any matters regarding which he or she may be
lawfully interrogated, it is the duty of the superior court of
any county, or of the judge thereof, on application of the
committee, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a
subpoena issued from the court or a refusal to testify in the
court. [1995 c 403 § 507.]
34.05.681
(2008 Ed.)
Washington State Register Act of 1977
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
PART IX
TECHNICAL PROVISIONS
34.05.900 Captions and headings. Section captions
and subchapter headings used in this chapter do not constitute
any part of the law. [1988 c 288 § 703.]
34.05.900
34.08.020
state government. The legislature further finds that the promulgation of rules by state agencies has a direct effect on the
ability of the people to conduct their personal affairs and
knowledgeably deal with state government. It is therefore the
intent and purpose of RCW 1.08.110 and 42.30.075 and of
this chapter to require the publication of a state register by
which the public will be adequately informed of the activities
of government and where they may actively participate in the
conduct of state government and influence the decision making process of the people’s business. [1977 ex.s. c 240 § 1.]
34.08.020 Washington State Register—Created—
Publication period—Contents. There is hereby created a
state publication to be called the Washington State Register,
which shall be published on no less than a monthly basis. The
register shall contain, but is not limited to, the following
materials received by the code reviser’s office during the pertinent publication period:
(1)(a) The full text of any proposed new or amendatory
rule, as defined in RCW 34.05.010, and the citation of any
existing rules the repeal of which is proposed, prior to the
public hearing on such proposal. Such material shall be considered, when published, to be the official notification of the
intended action, and no state agency or official thereof may
take action on any such rule except on emergency rules
adopted in accordance with RCW 34.05.350, until twenty
days have passed since the distribution date of the register in
which the rule and hearing notice have been published or a
notice regarding the omission of the rule has been published
pursuant to RCW 34.05.210(4) as now or hereafter amended;
(b) The small business economic impact statement, if
required by RCW 19.85.030, preceding the full text of the
proposed new or amendatory rule;
(2) The full text of any new or amendatory rule adopted,
and the citation of any existing rule repealed, on a permanent
or emergency basis;
(3) Executive orders and emergency declarations of the
governor;
(4) Public meeting notices of any and all agencies of
state government, including state elected officials whose
offices are created by Article III of the state Constitution or
RCW 48.02.010;
(5) Rules of the state supreme court which have been
adopted but not yet published in an official permanent codification;
(6) Summaries of attorney general opinions and letter
opinions, noting the number, date, subject, and other information, and prepared by the attorney general for inclusion in
the register;
(7) Juvenile disposition standards and security guidelines proposed and adopted under RCW 13.40.030;
(8) Proposed and adopted rules of the commission on
judicial conduct;
(9) The maximum allowable rates of interest and retail
installment contract service charges filed by the state treasurer under RCW 19.52.025 and *63.14.135. In addition, the
highest rate of interest permissible for the current month and
the maximum retail installment contract service charge for
the current year shall be published in each issue of the register. The publication of the maximum allowable interest rate
established pursuant to RCW 19.52.025 shall be accompa34.08.020
34.05.901 Severability—1988 c 288. If any provision
of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the
application of the provision to other persons or circumstances
is not affected. [1988 c 288 § 704.]
34.05.901
34.05.902 Effective date—Application—1988 c 288.
RCW 34.05.001 through 34.05.902 shall take effect on July
1, 1989, and shall apply to all rule-making actions and agency
proceedings begun on or after that date. Rule-making actions
or other agency proceedings begun before July 1, 1989, shall
be completed under the applicable provisions of chapter
28B.19 or 34.04 RCW existing immediately before that date
in the same manner as if they were not amended by chapter
288, Laws of 1988 or repealed by section 701 of chapter 288,
Laws of 1988. [1988 c 288 § 705.]
34.05.902
Recodification—Correction of statutory references—1988 c 288:
"Parts X through XV of this act shall constitute a new chapter in Title 34
RCW, and the sections amended or set forth in this act shall be recodified in
the order they appear in this act. The code reviser shall correct all statutory
references to these sections and to the repealed chapters 28B.19 and 34.04
RCW to reflect this recodification and repeal." [1988 c 288 § 706.]
34.05.903 Severability—1998 c 280. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1998 c 280 § 14.]
34.05.903
Chapter 34.08 RCW
WASHINGTON STATE REGISTER ACT OF 1977
Chapter 34.08
Sections
34.08.010
34.08.020
34.08.030
34.08.040
34.08.050
34.08.900
34.08.905
34.08.910
Legislative finding.
Washington State Register—Created—Publication period—
Contents.
Preparation and transmittal of material by agencies to code
reviser—Rules regarding.
Publication in register deemed official notice—Certification
of material.
Institutions of higher education considered state agencies for
certain purposes.
Short title.
Effective date—1977 ex.s. c 240.
Severability—1977 ex.s. c 240.
Regulatory Fairness Act: Chapter 19.85 RCW.
34.08.010 Legislative finding. The legislature finds
that a need exists to adequately inform the public on the conduct of the people’s business by state government, and that
providing adequate notice of the affairs of government
enables the public to actively participate in the conduct of
34.08.010
(2008 Ed.)
[Title 34 RCW—page 33]
34.08.030
Title 34 RCW: Administrative Law
nied by the following advisement: NOTICE: FEDERAL
LAW PERMITS FEDERALLY INSURED FINANCIAL
INSTITUTIONS IN THE STATE TO CHARGE THE
HIGHEST R ATE OF INTERES T TH AT MAY B E
CHARGED BY ANY FINANCIAL INSTITUTION IN THE
STATE. THE MAXIMUM ALLOWABLE RATE OF
INTEREST SET FORTH ABOVE MAY NOT APPLY TO
A PARTICULAR TRANSACTION; and
(10) A list of corporations dissolved during the preceding month filed by the secretary of state under chapter 23B.14
RCW. [1995 c 47 § 9; 1987 c 186 § 8; 1986 c 60 § 3; 1983 c
2 § 8. Prior: 1982 c 6 § 6; 1981 c 299 § 18; 1980 c 186 § 15;
1977 ex.s. c 240 § 3.]
34.08.905 Effective date—1977 ex.s. c 240. This 1977
amendatory act shall take effect January 1, 1978. [1977 ex.s.
c 240 § 16.]
34.08.905
34.08.910 Severability—1977 ex.s. c 240. If any provision of this 1977 amendatory act, or its application to any
person or circumstance is held invalid, the remainder of the
act, or the application of the provision to other persons or circumstances is not affected. [1977 ex.s. c 240 § 17.]
34.08.910
Chapter 34.12 RCW
OFFICE OF ADMINISTRATIVE HEARINGS
Chapter 34.12
*Reviser’s note: RCW 63.14.135 was repealed by 1995 c 249 § 1.
Sections
Severability—1983 c 2: See note following RCW 18.71.030.
34.12.010
Severability—1982 c 6: See RCW 19.85.900.
34.12.020
34.12.030
Severability—1980 c 186: See note following RCW 34.05.320.
Schedule of regular meetings of state agencies: RCW 42.30.075.
34.08.030
34.08.030 Preparation and transmittal of material by
agencies to code reviser—Rules regarding. All material
included in the register pursuant to RCW 34.08.020 shall be
prepared by the appropriate agency or official and transmitted to the code reviser in accordance with rules adopted by
the code reviser prescribing the style, format, and numbering
system therefor, the date of receipt for inclusion within a particular register, and such other requirements as may be necessary for the orderly and efficient publication of the register
and the Washington Administrative Code. [1977 ex.s. c 240
§ 4.]
34.08.040
34.08.040 Publication in register deemed official
notice—Certification of material. The publication of any
information in the Washington State Register shall be
deemed to be official notice of such information, and publication in the register of such information and materials shall be
certified to be the true and correct copy of such rules or other
information as filed in the code reviser’s office. The code
reviser shall certify, to any court of record, the publication of
any notice or information, and attached to such certification
shall be the agency’s declaration of compliance with the provisions of the Open Public Meetings Act (chapter 42.30
RCW), the Administrative Procedure Act (chapter 34.05
RCW), and this chapter. [1989 c 175 § 31; 1977 ex.s. c 240
§ 5.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.08.050
34.08.050 Institutions of higher education considered
state agencies for certain purposes. For the purposes of the
state register and this chapter, an institution of higher education, as defined in RCW 34.05.010, shall be considered to be
a state agency. [1989 c 175 § 32; 1977 ex.s. c 240 § 6.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.08.900
34.08.900 Short title. This 1977 amendatory act may
be known as the Washington State Register Act of 1977.
[1977 ex.s. c 240 § 15.]
[Title 34 RCW—page 34]
34.12.035
34.12.036
34.12.037
34.12.038
34.12.039
34.12.040
34.12.050
34.12.060
34.12.070
34.12.080
34.12.090
34.12.100
34.12.110
34.12.120
34.12.130
34.12.140
34.12.150
34.12.160
Office created—Conduct of hearings—Chief administrative
law judge, appointment, term, qualifications, removal.
Definitions.
Administrative law judges—Appointment and contractual
basis—Clerical personnel—Discipline and termination of
administrative law judges—Civil service—Rules for operation of office.
State patrol disciplinary hearings.
Landlord-tenant proceedings.
Human rights commission proceedings.
Local government whistleblower proceedings.
Local government whistleblower proceedings—Costs.
Hearings conducted by administrative law judges—Criteria
for assignment.
Administrative law judge—Motion of prejudice against—
Request for assignment of.
Initial decision or proposal for decision—Findings of fact and
conclusions of law—Inapplicability to state patrol disciplinary hearings.
Record of hearings.
Procedural conduct of hearings—Rules.
Transfer of employees and equipment.
Salaries.
Application of chapter.
Appointment of chief administrative law judge.
Administrative hearings revolving fund—Created, purposes.
Transfers and payments into revolving fund—Limitation on
employment security department payments—Allotment by
director of financial management—Disbursements from
fund by voucher.
Accounting procedures.
Direct payments by agencies, when authorized.
Bilingual services for non-English speaking public assistance applicants and
recipients: RCW 74.04.025.
34.12.010 Office created—Conduct of hearings—
Chief administrative law judge, appointment, term, qualifications, removal. A state office of administrative hearings
is hereby created. The office shall be independent of state
administrative agencies and shall be responsible for impartial
administration of administrative hearings in accordance with
the legislative intent expressed by this chapter. Hearings shall
be conducted with the greatest degree of informality consistent with fairness and the nature of the proceeding. The office
shall be under the direction of a chief administrative law
judge, appointed by the governor with the advice and consent
of the senate, for a term of five years. The person appointed
is required, as a condition of appointment, to be admitted to
practice law in the state of Washington, and may be removed
for cause. [1981 c 67 § 1.]
34.12.010
Effective dates—1981 c 67: "Sections 12 and 37 of this act are necessary for the immediate preservation of the public peace, health, and safety,
the support of the state government and its existing public institutions, and
shall take effect immediately. The remainder of the act shall take effect July
1, 1982." [1981 c 67 § 40.]
(2008 Ed.)
Office of Administrative Hearings
Severability—1981 c 67: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1981 c 67 § 39.]
34.12.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Office" means the office of administrative hearings.
(2) "Administrative law judge" means any person
appointed by the chief administrative law judge to conduct or
preside over hearings as provided in this chapter.
(3) "Hearing" means an adjudicative proceeding within
the meaning of RCW 34.05.010(1) conducted by a state
agency under RCW 34.05.413 through 34.05.476.
(4) "State agency" means any state board, commission,
department, or officer authorized by law to make rules or to
conduct adjudicative proceedings, except those in the legislative or judicial branches, the growth management hearings
boards, the utilities and transportation commission, the pollution control hearings board, the shorelines hearings board, the
forest practices appeals board, the environmental hearings
office, the board of industrial insurance appeals, the Washington personnel resources board, the public employment
relations commission, and the board of tax appeals. [2002 c
354 § 226; 1995 c 331 § 1; 1994 c 257 § 22; 1993 c 281 § 16;
1989 c 175 § 33; 1982 c 189 § 1; 1981 c 67 § 2.]
34.12.020
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Severability—1994 c 257: See note following RCW 36.70A.270.
Effective date—1993 c 281: See note following RCW 41.06.022.
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective date—1982 c 189: "This act shall take effect July 1, 1982."
[1982 c 189 § 16.]
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
34.12.030 Administrative law judges—Appointment
and contractual basis—Clerical personnel—Discipline
and termination of administrative law judges—Civil service—Rules for operation of office. (1) The chief administrative law judge shall appoint administrative law judges to
fulfill the duties prescribed in this chapter. All administrative
law judges shall have a demonstrated knowledge of administrative law and procedures. The chief administrative law
judge may establish different levels of administrative law
judge positions.
(2) The chief administrative law judge may also contract
with qualified individuals to serve as administrative law
judges for specified hearings. Such individuals shall be compensated for their services on a contractual basis for each
hearing, in accordance with chapter 43.88 RCW. The chief
administrative law judge may not contract with any individual who is at that time an employee of the state.
(3) The chief administrative law judge may appoint such
clerical and other specialized or technical personnel as may
be necessary to carry on the work of this chapter.
(4) The administrative law judges appointed under subsection (1) of this section are subject to discipline and termination, for cause, by the chief administrative law judge. Upon
written request by the person so disciplined or terminated, the
34.12.030
(2008 Ed.)
34.12.040
chief administrative law judge shall forthwith put the reasons
for such action in writing. The person affected has a right of
review by the superior court of Thurston county on petition
for reinstatement or other remedy filed within thirty days of
receipt of such written reasons.
(5) All employees of the office except the chief administrative law judge and the administrative law judges are subject to chapter 41.06 RCW.
(6) The office may adopt rules for its own operation and
in furtherance of this chapter in accordance with chapter
34.05 RCW. [1981 c 67 § 3.]
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
34.12.035 State patrol disciplinary hearings. The
chief administrative law judge shall designate an administrative law judge to serve, as the need arises, as presiding officer
in state patrol disciplinary hearings conducted under RCW
43.43.090. [1984 c 141 § 6.]
34.12.035
34.12.036 Landlord-tenant proceedings. When
requested by the attorney general, the chief administrative
law judge shall assign an administrative law judge to conduct
proceedings under Title 59 RCW. [2007 c 431 § 9.]
34.12.036
Implementation—2007 c 431: See note following RCW 59.30.010.
34.12.037 Human rights commission proceedings.
When requested by the state human rights commission, the
chief administrative law judge shall assign an administrative
law judge to conduct proceedings under chapter 49.60 RCW.
[1985 c 185 § 29.]
34.12.037
34.12.038 Local government whistleblower proceedings. When requested by a local government, the chief
administrative law judge shall assign an administrative law
judge to conduct proceedings under chapter 42.41 RCW.
[1992 c 44 § 8.]
34.12.038
Effective dates—Severability—1992 c 44: See RCW 42.41.901 and
42.41.902.
34.12.039 Local government whistleblower proceedings—Costs. Costs for the services of the office of administrative hearings for the initial twenty-four hours of services
on a hearing under chapter 42.41 RCW shall be billed to the
local government administrative hearings account. Costs for
services beyond the initial twenty-four hours of services shall
be allocated to the parties by the administrative law judge, the
proportion to be borne by each party at the discretion of the
administrative law judge. The charges for these costs shall be
billed to the affected local government that shall recover payment from any other party specified by the administrative law
judge. [1992 c 44 § 9.]
34.12.039
Effective date—Severability—1992 c 44: See RCW 42.41.901 and
42.41.902.
34.12.040 Hearings conducted by administrative law
judges—Criteria for assignment. Whenever a state agency
conducts a hearing which is not presided over by officials of
the agency who are to render the final decision, the hearing
shall be conducted by an administrative law judge assigned
34.12.040
[Title 34 RCW—page 35]
34.12.050
Title 34 RCW: Administrative Law
under this chapter. In assigning administrative law judges,
the chief administrative law judge shall wherever practical
(1) use personnel having expertise in the field or subject matter of the hearing, and (2) assign administrative law judges
primarily to the hearings of particular agencies on a longterm basis. [1981 c 67 § 4.]
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
34.12.050 Administrative law judge—Motion of
prejudice against—Request for assignment of. (1) Any
party to a hearing being conducted under the provisions of
this chapter (including the state agency, whether or not it is
nominally a party) may file with the chief administrative law
judge a motion of prejudice, with supporting affidavit,
against the administrative law judge assigned to preside at the
hearing. The first such motion filed by any party shall be
automatically granted.
(2) Any state agency may request from the chief administrative law judge the assignment of an administrative law
judge for the purpose of conducting a rule-making or investigatory proceeding. [1981 c 67 § 5.]
34.12.050
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
34.12.060 Initial decision or proposal for decision—
Findings of fact and conclusions of law—Inapplicability
to state patrol disciplinary hearings. When an administrative law judge presides at a hearing under this chapter and a
majority of the officials of the agency who are to render the
final decision have not heard substantially all of the oral testimony and read all exhibits submitted by any party, it shall
be the duty of such judge, or in the event of his unavailability
or incapacity, of another judge appointed by the chief administrative law judge, to issue an initial decision or proposal for
decision including findings of fact and conclusions of law in
accordance with RCW 34.05.461 or 34.05.485. However,
this section does not apply to a state patrol disciplinary hearing conducted under RCW 43.43.090. [1989 c 175 § 34;
1984 c 141 § 7; 1982 c 189 § 2; 1981 c 67 § 6.]
34.12.060
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective date—1982 c 189: See note following RCW 34.12.020.
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
34.12.070 Record of hearings. The chief administrative law judge may establish a method of making a record of
all hearings and may employ or contract in order to implement such method. [1981 c 67 § 7.]
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
34.12.090 Transfer of employees and equipment. (1)
All state employees who have exclusively or principally conducted or presided over hearings for state agencies prior to
July 1, 1982, shall be transferred to the office.
(2) All state employees who have exclusively or principally served as support staff for those employees transferred
under subsection (1) of this section shall be transferred to the
office.
(3) All equipment or other tangible property in possession of state agencies, used or held exclusively or principally
by personnel transferred under subsection (1) of this section
shall be transferred to the office unless the office of financial
management, in consultation with the head of the agency and
the chief administrative law judge, determines that the equipment or property will be more efficiently used by the agency
if such property is not transferred. [1981 c 67 § 9.]
34.12.090
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
34.12.100 Salaries. The chief administrative law judge
shall be paid a salary fixed by the governor after recommendation of the state committee on agency officials’ salaries.
The salaries of administrative law judges appointed under the
terms of this chapter shall be determined by the chief administrative law judge after recommendation of the state committee on agency officials’ salaries. [1986 c 155 § 10; 1981 c 67
§ 10.]
34.12.100
Contingent effective date—Severability—1986 c 155: See notes following RCW 43.03.300.
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
34.12.110 Application of chapter. The creation of the
office of administrative hearings and the transfer of duties
and personnel under this chapter shall not affect the validity
of any rule, action, decision, or proceeding held or promulgated by any state agency before July 1, 1982. This chapter
applies to hearings occurring after July 1, 1982. [1981 c 67 §
11.]
34.12.110
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
34.12.070
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
34.12.080 Procedural conduct of hearings—Rules.
All hearings shall be conducted in conformance with the
Administrative Procedure Act, chapter 34.05 RCW. After
consultation with affected agencies, the chief administrative
law judge may promulgate rules governing the procedural
conduct of the hearings. Such rules shall seek the maximum
procedural uniformity in agency hearings consistent with
demonstrable needs for individual agency variation. [1981 c
67 § 8.]
34.12.120 Appointment of chief administrative law
judge. The governor shall appoint the chief administrative
law judge. [1989 c 175 § 35; 1981 c 67 § 12.]
34.12.120
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
34.12.080
[Title 34 RCW—page 36]
34.12.130 Administrative hearings revolving fund—
Created, purposes. The administrative hearings revolving
fund is hereby created in the state treasury for the purpose of
centralized funding, accounting, and distribution of the actual
costs of the services provided to agencies of the state government by the office of administrative hearings. [1982 c 189 §
9.]
34.12.130
Effective date—1982 c 189: See note following RCW 34.12.020.
(2008 Ed.)
Office of Administrative Hearings
34.12.160
34.12.140 Transfers and payments into revolving
fund—Limitation on employment security department
payments—Allotment by director of financial management—Disbursements from fund by voucher. The
amounts to be disbursed from the administrative hearings
revolving fund from time to time shall be transferred thereto
by the state treasurer from funds appropriated to any and all
agencies for administrative hearings expenses on a quarterly
basis. Agencies operating in whole or in part from nonappropriated funds shall pay into the administrative hearings
revolving fund such funds as will fully reimburse funds
appropriated to the office of administrative hearings for any
services provided activities financed by nonappropriated
funds. The funds from the employment security department
for the administrative hearings services provided by the
office of administrative hearings shall not exceed that portion
of the resources provided to the employment security department by the department of labor, employment and training
administration, for such administrative hearings services. To
satisfy department of labor funding requirements, the office
of administrative hearings shall meet or exceed timeliness
standards under federal regulations in the conduct of employment security department appeals.
The director of financial management shall allot all such
funds to the office of administrative hearings for the operation of the office, pursuant to appropriation, in the same manner as appropriated funds are allocated to other agencies
under chapter 43.88 RCW.
Disbursements from the administrative hearings revolving fund shall be pursuant to vouchers executed by the chief
administrative law judge or his designee. [1982 c 189 § 10.]
34.12.140
Effective date—1982 c 189: See note following RCW 34.12.020.
34.12.150 Accounting procedures. The chief administrative law judge shall keep such records as are necessary to
facilitate proper allocation of costs to funds and agencies
served and the director of financial management shall prescribe appropriate accounting procedures to accurately allocate costs to funds and agencies served. Billings shall be
adjusted in line with actual costs incurred at intervals not to
exceed six months. [1982 c 189 § 11.]
34.12.150
Effective date—1982 c 189: See note following RCW 34.12.020.
34.12.160 Direct payments by agencies, when authorized. In cases where there are unanticipated demands for
services of the office of administrative hearings or where
there are insufficient funds on hand or available for payment
through the administrative hearings revolving fund or in
other cases of necessity, the chief administrative law judge
may request payment for services directly from agencies for
whom the services are performed to the extent that revenues
or other funds are available. Upon approval by the director of
financial management, the agency shall make the requested
payment. The payment may be made on either an advance or
reimbursable basis as approved by the director of financial
management. [1982 c 189 § 12.]
34.12.160
Effective date—1982 c 189: See note following RCW 34.12.020.
(2008 Ed.)
[Title 34 RCW—page 37]
Title 35
Chapters
35.01
35.02
35.06
35.07
35.10
35.13
35.13A
35.14
35.16
35.17
35.18
35.20
35.21
35.22
35.23
35.27
35.30
35.31
35.32A
35.33
35.34
35.36
35.37
35.38
35.39
35.40
35.41
35.42
35.43
35.44
35.45
35.47
35.48
35.49
35.50
35.51
35.53
35.54
35.55
35.56
35.57
35.58
35.59
(2008 Ed.)
Title 35
CITIES AND TOWNS
35.60
Municipal corporations classified.
Incorporation proceedings.
Advancement of classification.
Disincorporation.
Consolidation and annexation of cities and
towns.
Annexation of unincorporated areas.
Water or sewer districts—Assumption of jurisdiction.
Community municipal corporations.
Reduction of city limits.
Commission form of government.
Council-manager plan.
Municipal courts—Cities over four hundred
thousand.
Miscellaneous provisions.
First-class cities.
Second-class cities.
Towns.
Unclassified cities.
Accident claims and funds.
Budgets in cities over three hundred thousand.
Budgets in second and third-class cities, towns,
and first-class cities under three hundred
thousand.
Biennial budgets.
Execution of bonds by proxy—First-class cities.
Fiscal—Cities under twenty thousand and cities other than first class—Bonds.
Fiscal—Depositaries.
Fiscal—Investment of funds.
Fiscal—Validation and funding of debts.
Fiscal—Municipal revenue bond act.
Leases.
Local improvements—Authority—Initiation
of proceedings.
Local improvements—Assessments and reassessments.
Local improvements—Bonds and warrants.
Local improvements—Procedure for cancellation of nonguaranteed bonds.
Local improvements—Nonguaranteed bonds.
Local improvements—Collection of assessments.
Local improvements—Foreclosure of assessments.
Local improvements—Classification of property—Reserve funds.
Local improvements—Disposition of property
acquired.
Local improvements—Guaranty funds.
Local improvements—Filling lowlands.
Local improvements—Filling and draining
lowlands—Waterways.
Public facilities districts.
Metropolitan municipal corporations.
Multi-purpose community centers.
35.61
35.62
35.63
35.64
35.66
35.67
35.68
35.69
35.70
35.71
35.72
35.73
35.74
35.75
35.76
35.77
35.78
35.79
35.80
35.80A
35.81
35.82
35.83
35.84
35.85
35.86
35.86A
35.87
35.87A
35.88
35.89
35.91
35.92
35.94
35.95
35.95A
35.96
35.97
35.98
35.99
35.100
35.101
35.102
35.103
World fairs or expositions—Participation by
municipalities.
Metropolitan park districts.
Name—Change of.
Planning commissions.
Zoos and aquariums.
Police matrons.
Sewerage systems—Refuse collection and disposal.
Sidewalks, gutters, curbs, and driveways—All
cities and towns.
Sidewalks—Construction, reconstruction in
first and second-class cities.
Sidewalks—Construction in second-class cities
and towns.
Pedestrian malls.
Contracts for street, road, and highway
projects.
Street grades—Sanitary fills.
Streets—Drawbridges.
Streets—Bicycles—Paths.
Streets—Budget and accounting.
Streets—Planning, establishment, construction, and maintenance.
Streets—Classification and design standards.
Streets—Vacation.
Unfit dwellings, buildings, and structures.
Condemnation of blighted property.
Community renewal law.
Housing authorities law.
Housing cooperation law.
Utility and other services beyond city limits.
Viaducts, elevated roadways, tunnels and subways.
Off-street parking facilities.
Off-street parking—Parking commissions.
Parking facilities—Conveyance of land for in
cities over three hundred thousand.
Parking and business improvement areas.
Water pollution—Protection from.
Water redemption bonds.
Municipal water and sewer facilities act.
Municipal utilities.
Sale or lease of municipal utilities.
Public transportation systems in municipalities.
City transportation authority—Monorail
transportation.
Electric and communication facilities—Conversion to underground.
Heating systems.
Construction.
Telecommunications, cable television service—
Use of right-of-way.
Downtown and neighborhood commercial districts.
Tourism promotion areas.
Municipal business and occupation tax.
Fire departments—Performance measures.
[Title 35 RCW—page 1]
Title 35
35.104
35.105
Title 35 RCW: Cities and Towns
Health sciences and services authorities.
Urban forest management.
Acquisition of
open space, etc., land or rights to future development by counties, cities or
metropolitan municipal corporations, tax levy: RCW 84.34.200
through 84.34.240, 84.52.010.
property for state highway purposes: RCW 47.12.040.
real or personal property, executory conditional sales contracts for: RCW
39.30.010.
Actions against
public corporations: RCW 4.08.120.
state: Chapter 4.92 RCW.
Actions by in corporate name: RCW 4.08.110.
Adjoining state, eminent domain for watershed: RCW 8.28.050.
Affordable housing developments: Chapter 36.130 RCW.
Airport zoning: Chapter 14.12 RCW.
Airports, generally: Chapters 14.07, 14.08 RCW.
Alcoholism, private establishments and institutions, prescription of standards: RCW 71.12.550.
Armories, powers concerning: RCW 36.64.050, 38.20.020.
Assessments and charges against state lands: Chapter 79.44 RCW.
Assessor’s plats: Chapter 58.18 RCW.
Associations of municipal corporations or municipal officers to furnish
information to legislature and governor: RCW 44.04.170.
Auditing false claim, penalty: RCW 42.20.060.
Bankruptcy readjustment and relief from debts: Chapter 39.64 RCW.
Blind made products, purchase of by cities and towns authorized: RCW
19.06.020.
Board of eminent domain commissioners, appointment of: RCW 8.12.260.
Bonds
airports: RCW 14.08.112.
declaratory judgments: Chapter 7.25 RCW.
eminent domain by cities: Chapter 8.12 RCW.
form, terms, maturity: Chapter 39.44 RCW.
industrial development: Chapter 39.84 RCW.
juvenile correctional institution, authorized investment: RCW 72.19.120.
mutual savings banks, authorized investment for: RCW 32.20.070,
32.20.090, 32.20.100.
refunding of: Chapter 39.53 RCW.
savings and loan associations, authorized investment: RCW 33.24.060,
33.24.070.
statewide city employees’ retirement system funds, investment in: RCW
41.44.100.
United States, sale of bonds to at private sale: Chapter 39.48 RCW.
utility or waterworks, refunding with general obligation funding bonds:
Chapter 39.53 RCW.
City and town treasurers’ duties under Washington Clean Air Act: RCW
70.94.094.
City attorney
eminent domain by cities, military purposes, for, duties: RCW 8.04.170,
8.04.180.
food, drug and cosmetic act violations, prosecution by: RCW 69.04.160.
City council, unincorporated towns on United States land, powers of review:
RCW 58.28.520.
City engineer, tidelands and shorelands, records of plats filed with: RCW
79.125.040.
City halls, jointly with county courthouses: RCW 36.64.010 through
36.64.040.
City treasurer
bonds, compensation payment in eminent domain proceedings, liability
on: RCW 8.12.500.
cemetery improvement funds, deposit with: RCW 68.52.050.
cities of first class, employees’ retirement fund custodian: RCW
41.28.080.
city street fund, notice of illegal use: RCW 47.08.100.
firefighters’ pension board member: RCW 41.16.020.
misappropriation of funds: RCW 42.20.090.
moneys to be deposited with treasurer: State Constitution Art. 11 § 15.
motor vehicle funds, distribution to: RCW 46.68.080.
police relief and pension board member: RCW 41.20.010.
use of money by official: State Constitution Art. 11 § 14.
Civil service, generally: Title 41 RCW.
Claims
auditing and paying false claim, penalty: RCW 42.20.060.
contracts and liabilities incurred in violation of indebtedness limitations
are void: RCW 39.36.040.
Classification by population: State Constitution Art. 11 § 10 (Amendment
40).
Clerks
city streets as part of state highway system certified to clerk: RCW
47.24.010.
firefighters’ pension board member: RCW 41.16.020.
ordinances recorded by: RCW 5.44.080.
police relief and pension board of trustees member: RCW 41.20.010.
volunteer firefighters’ relief and pension board of trustees, member of:
RCW 41.24.060.
Code of ethics for
municipal officers—Contract interests: Chapter 42.23 RCW.
public officers and employees: Chapter 42.52 RCW.
Boundaries and plats: Title 58 RCW.
Commission form, nonpartisan primaries: Chapter 29A.52 RCW.
Comptroller
first-class cities retirement system, duties of: RCW 41.28.040, 41.28.080.
member firefighters’ relief and pension boards: RCW 41.16.020,
41.16.040.
member volunteer firefighters’ board of trustees: RCW 41.24.060,
41.24.070.
Boundary review board, extension of water and sewer service beyond corporate boundaries to go before: RCW 36.93.090.
Conditional sales contracts for purchase of real or personal property: RCW
39.30.010.
Bribery of public officer: State Constitution Art. 2 § 30.
Continuity of government in event of enemy attack, succession to office of
executive heads: RCW 42.14.050.
Bridges
as part of state highway system: Chapter 47.24 RCW.
eminent domain for: RCW 8.12.030.
Buildings
earthquake standards for construction: Chapter 70.86 RCW.
newly constructed, appraisal by assessor: RCW 36.21.070 and 36.21.080.
Burial of dead, authority to provide for: RCW 68.52.030.
Camping resort contracts—Nonapplicability of certain laws to—Club not
subdivision except under city, county powers: RCW 19.105.510.
Cemeteries: Title 68 RCW.
Charters
alternative propositions, submission of: State Constitution Art. 11 § 10
(Amendment 40).
amendment by special law prohibited: State Constitution Art. 2 § 28(8).
power of certain cities to frame, procedure: State Constitution Art. 11 §
10 (Amendment 40).
[Title 35 RCW—page 2]
Contractors’ registration, exemption from: RCW 18.27.090(1).
Contracts
for purchase of real or personal property: RCW 39.30.010.
indebtedness limitations, contracts made in violation of, void: RCW
39.36.040.
joint city halls with county courthouses: RCW 36.64.010 through
36.64.040.
parks and recreation cooperation: RCW 67.20.020.
Conveyance of real property by public bodies—Recording: RCW 65.08.095.
Corporate stock or bonds not to be owned by: State Constitution Art. 8 § 7.
Corporation counsel, eminent domain by cities, military purposes, for: RCW
8.04.170, 8.04.180.
Counties, city harbor in two counties, effect upon assessments: RCW
36.08.030.
County highways, open spaces in cities and towns: Chapter 36.89 RCW.
(2008 Ed.)
Cities and Towns
County property, transfer to municipality, approval necessary: RCW
36.34.280.
Title 35
Fireworks, permit for: RCW 70.77.260.
Credit not to be loaned: State Constitution Art. 8 § 7.
First-class cities
birth and death records, furnishing of, fees: RCW 70.58.107.
elections, names of candidates, order on ballots: RCW 29A.52.210
elections, nonpartisan primaries: Chapter 29A.52 RCW.
harbor improvements, joint planning authorized: RCW 88.32.240,
88.32.250.
public health pooling fund: Chapter 70.12 RCW.
retirement and pensions: Chapter 41.28 RCW.
taxes, collection by county treasurer: RCW 36.29.100, 36.29.110.
vital statistics, primary registration district: RCW 70.58.010.
Crimes
civil rights, denial by: RCW 9.91.010.
gambling: Chapters 9.46, 9.47 RCW.
Flood control
benefits, liability for: RCW 86.09.529.
maintenance, state participation in: Chapter 86.26 RCW.
Dams, ditches, etc., restrictions for purpose of fish conservation: Chapter
77.55 RCW.
Food and beverage workers’ permits: Chapter 69.06 RCW.
Fourth-class cities (see Towns, chapter 35.27 RCW).
County roads and bridges, assistance in finances: RCW 36.76.110.
County sewerage, water and drainage systems, authority, procedure: Chapter 36.94 RCW.
Courthouses, jointly with city halls: RCW 36.64.010 through 36.64.040.
Creation by special act prohibited: State Constitution Art. 2 § 28(8).
Credit card use by local governments: RCW 43.09.2855.
Diking and drainage districts: Chapters 85.05, 86.09 RCW.
Drainage districts, inclusion within: RCW 85.06.230.
Earthquake standards for construction: Chapter 70.86 RCW.
Elective officers, recall: State Constitution Art. 1 §§ 33, 34 (Amendment 8),
chapter 29A.56 RCW.
Electors, qualifications of: State Constitution Art. 6 § 1 (Amendment 63).
Electric
energy, falling waters—Sale or purchase authorized: RCW 43.52.410.
franchises and rights-of-way: Chapter 80.32 RCW.
revenue bonds, mutual savings banks, investment in: RCW 32.20.070,
32.20.100.
Electrical
apparatus use and construction rules, violation of, penalty: RCW
19.29.050.
installations, requirements and inspection: Chapter 19.28 RCW.
utilities, franchises for electrical utilities on streets: RCW 80.32.010.
Electricity, steam generation: RCW 43.21A.610 through 43.21A.642.
Elevators, lifting devices, and moving walks: Chapter 70.87 RCW.
Emergency vehicle, authorized, defined: RCW 46.04.040.
Eminent domain
bridges, for: RCW 8.12.030, 47.24.030.
generally: State Constitution Art. 1 § 16 (Amendment 9), Title 8 RCW.
limited access streets, acquisition of land, by: RCW 47.52.050.
state lands: RCW 8.12.030, 8.12.080, 79.10.070.
streets and highways, wharves and bridges for state highway purposes:
RCW 47.24.030.
watersheds, state land: RCW 79.10.070.
Fees, special permits for motor vehicle oversize or overweight movement,
fees paid to cities and towns, when: RCW 46.44.096.
Ferries, joint acquisition with counties: RCW 36.54.020.
Financing procedures, validation: Chapter 39.90 RCW.
Fines
payment into police relief and pension fund: RCW 41.20.130.
superior court jurisdiction to determine legality of: RCW 2.08.010.
supreme court jurisdiction to determine legality of: RCW 2.04.010.
Fire department vehicles, lighting, plates: RCW 46.37.184 through
46.37.188 and 46.37.190.
Firefighters
chief as member of volunteer firefighters’ relief and pension board of
trustees: RCW 41.24.060.
civil service, qualifications of applicants for positions: RCW 41.08.070.
jury duty, exemption from: RCW 2.36.080.
militia duty, exemption: RCW 38.44.030.
Firefighters’ retirement and pension acts: Chapters 41.16, 41.18, 41.24
RCW.
Fire prevention, areas withdrawn from fire protection and emergency medical districts: RCW 52.08.035.
Fire protection districts
annexed to or incorporated into city or town, firefighters’ retirement and
job security rights protected: RCW 41.16.250.
joint operation: RCW 52.08.035.
withdrawal from: RCW 52.08.025.
(2008 Ed.)
Franchises and privileges
bridges jointly owned or operated with state: RCW 47.44.040.
electric franchises and rights-of-way on city streets: RCW 80.32.010.
Fresh pursuit, uniform act: Chapter 10.89 RCW.
Funds
assessment fund for compensation of eminent domain damages by city to
be kept separate: RCW 8.12.480.
city street fund, established, use: RCW 47.24.040.
city street fund, illegal use of, procedure to correct: RCW 47.08.100.
current expense, sale of unclaimed property: RCW 63.32.030.
general, justice and inferior courts act of 1961, bail forfeitures paid into:
RCW 3.30.090.
general, police officers’ relief and pension fund, surplus paid into general
fund: RCW 41.20.140.
motor vehicle fund, purposes authorized for use: RCW 36.82.070.
police pension, surplus funds to general fund: RCW 41.20.140.
police pension fund, sale of unclaimed property: RCW 63.32.030.
public health pooling fund, generally: Chapter 70.12 RCW.
statewide city employees’ retirement fund: RCW 41.44.100.
street, county road and bridge violations, fines paid into: RCW 36.82.210.
street, directional signs, paid from: RCW 47.36.040.
Gambling activities, cities or towns, as affecting: Chapter 9.46 RCW.
Garbage, eminent domain by cities for garbage dumps: RCW 8.12.030.
Grand jury, inquiry as to misconduct: RCW 10.27.100.
Harbor areas lying in two or more counties, transfer of territory: Chapter
36.08 RCW.
Harbor improvements, joint planning for by first-class cities and counties:
RCW 88.32.240, 88.32.250.
Harbor line commission and restraint on disposition: State Constitution Art.
15 § 1 (Amendment 15).
Health departments
generally: Chapters 70.05 and 70.08 RCW.
individuals with mental illness: Chapter 43.20A RCW.
vital statistics: Chapter 70.58 RCW, RCW 70.58.107.
Health districts: Chapter 70.46 RCW.
Hearses, authority to provide: RCW 68.52.030.
Highway advertising control act of 1961 restricts placing of signs by: Chapter 47.42 RCW.
Highway funds, allocation of: State Constitution Art. 2 § 40 (Amendment
18).
Highways
abandoned, transfer to city or town: RCW 36.75.090.
franchises: Chapter 47.44 RCW.
return of street to city or town: RCW 47.24.010.
roads or streets, cooperative agreements to benefit: RCW 47.28.140.
sale, lease or gift of municipally owned land to state for, without bids:
RCW 47.12.040.
vertical clearances over: RCW 46.44.020.
Historical materials, expenditure of funds for preservation and exhibition of
authorized: RCW 27.48.010.
Hospitalization and medical aid for public employees and dependents, premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
[Title 35 RCW—page 3]
Title 35
Title 35 RCW: Cities and Towns
Hospitals
eminent domain for: RCW 8.12.030.
for individuals with mental illness, private establishments, prescription of
standards: RCW 71.12.550.
joint operation with counties: RCW 36.62.030, 36.62.110.
Incorporation
fire protection districts, effect upon: RCW 52.08.021, 52.08.035.
general laws, must be under: State Constitution Art. 11 § 10 (Amendment
40).
Indebtedness
bankruptcy readjustment and relief from debts: Chapter 39.64 RCW.
computation of: RCW 39.36.030.
eminent domain, contracting indebtedness to pay compensation for, reimbursement from local assessments: RCW 8.12.250.
limitations upon: State Constitution Art. 7 § 2 (Amendments 55, 59), Art.
8 § 6 (Amendment 27), chapter 39.36 RCW, RCW 39.52.020,
84.52.050.
issuance of search warrant by for violation of cigarette tax: RCW
82.24.190.
notification to of illegal use of city road funds: RCW 47.08.100.
police relief and pension board of trustees, member of: RCW 41.20.010.
public works contractor’s bond, liability of mayor for failure to take:
RCW 39.08.015.
state limited access facility through city or town, board of review to review
plan, mayor to appoint members of: RCW 47.52.150.
volunteer firefighters’ relief and pension board member: RCW 41.24.060.
Meetings of governmental bodies, open to public: Chapter 42.30 RCW.
Mental health and retardation services—Interstate contracts by cities in
boundary counties: RCW 71.28.010.
Militia and military affairs, eminent domain for military purposes: RCW
8.04.170, 8.04.180.
Minutes of governmental bodies, open to public: Chapter 42.32 RCW.
Misconduct of public officers: Chapter 42.20 RCW.
Industrial development revenue bonds: Chapter 39.84 RCW.
Motor vehicle excise fund, preemption by state: RCW 82.36.440.
Insurance companies, excise or privilege taxes, state preemption: RCW
48.14.020(4).
Motor vehicle fuel tax
distribution of proceeds to: RCW 82.36.020.
refunds for urban transportation systems: RCW 82.36.275.
Intergovernmental disposition of property: Chapter 39.33 RCW.
Investment
by mutual savings banks in bonds and warrants of: RCW 32.20.070,
32.20.120.
by savings and loan associations in bonds or warrants of: RCW
33.24.050.
of municipal funds in savings and loan associations by county or other
municipal corporation treasurer authorized: RCW 36.29.020.
of public and trust funds in federal agency bonds: Chapter 39.60 RCW.
Jails
city and county jails act: Chapter 70.48 RCW.
eminent domain for: RCW 8.12.030.
working of prisoners permitted: RCW 9.92.130.
Joint governmental activities: Chapter 36.64 RCW.
Joint operating agencies for electric power: Chapter 43.52 RCW.
Joint operations by municipal corporations, deposit and control of funds:
RCW 43.09.285.
Judgment against local governmental entity, enforcement: RCW 6.17.080.
Judicial officers, inferior, powers: RCW 2.28.090.
Labor relations consultants: RCW 43.09.230.
Legal publications: Chapter 65.16 RCW.
Libraries, conditional sales contracts by cities and towns for purchase of
property for libraries authorized, vote required if exceeds indebtedness: RCW 39.30.010.
Library service, contracts for authorized: RCW 27.12.180.
Library trustees, removal of: RCW 27.12.190.
Licenses, exemptions: RCW 36.71.090.
Liens for
employees for contributions to benefit plans: Chapter 60.76 RCW.
labor and materials on public works: Chapter 60.28 RCW.
Limitation of actions, application of statute of limitations to actions by:
RCW 4.16.160.
Limitation on tax levies: State Constitution Art. 7 § 2 (Amendments 55, 59),
RCW 84.52.050.
Local adopt-a-highway programs: RCW 47.40.105.
Lost and found property: Chapter 63.21 RCW.
Markets and marketing, eminent domain by cities for: RCW 8.12.030.
Material removed for channel or harbor improvement, or flood control—
Use for public purpose: RCW 79.140.110.
Mayor
agent to receive summons: RCW 4.28.080.
bonds, signing of: RCW 39.52.020.
cemetery board, appointment by: RCW 68.52.045.
cemetery improvement fund, indorsement by of payments from: RCW
68.52.050.
district court districting committee: RCW 3.38.010.
firefighters’ pension board, member of: RCW 41.16.020.
[Title 35 RCW—page 4]
Motor vehicle fund, allocation of and distribution: RCW 46.68.110.
Motor vehicle inspection by: Chapter 46.32 RCW.
Motor vehicles, special permits for oversize or overweight movements, collection of fees: RCW 46.44.096.
Municipal courts
authorization, establishment, generally: Chapter 3.50 RCW.
jurisdiction: State Constitution Art. 4 §§ 4, 6 (Amendment 28).
legislature may provide: State Constitution Art. 4 § 1.
traffic school for offenders, court may compel attendance: RCW
46.83.050.
Municipalities—Energy audits and efficiency: RCW 43.19.691.
Nuisances
powder magazine nearby is public nuisance, when: RCW 7.48.140.
public: Chapter 9.66 RCW.
Officers and employees
actions against, venue: RCW 4.12.020(2).
code of ethics—Contracts: Chapter 42.23 RCW.
code of ethics—State agencies and legislative employees: Chapter 42.52
RCW.
continuity of government in event of enemy attack, succession: RCW
42.14.050.
eligibility to hold office: RCW 42.04.020.
hospitalization and medical aid for employees and dependents: RCW
41.04.180, 41.04.190.
hours of labor: Chapter 49.28 RCW.
jury duty, exemption from: RCW 2.36.080.
military leave: RCW 38.40.060.
minimum wage: RCW 49.46.010(5).
misconduct, penalty: Chapter 42.20 RCW.
public moneys deposited with treasurer: State Constitution Art. 11 § 15.
salaries, not be changed during term: State Constitution Art. 11 § 8
(Amendment 57).
subversive activities: Chapter 9.81 RCW.
term not to be extended: State Constitution Art. 11 § 8 (Amendment 57).
use of public money by, felony: State Constitution Art. 11 § 14.
vacancies: Chapter 42.12 RCW.
Official bonds
payment of premiums: RCW 48.28.040.
security to city or town: Chapter 42.08 RCW.
Old age and survivors’ insurance: Chapters 41.47, 41.48 RCW.
Ordinances
adoption at public meetings: RCW 42.30.060.
air pollution control: Chapter 70.94 RCW.
airport joint operation: RCW 14.08.200(8).
combined city-county health department, establishment: RCW 70.08.010.
contractor’s bond: RCW 39.08.030.
declaratory judgment as to: Chapter 7.24 RCW.
electrical installations: RCW 19.28.010, 19.28.141.
eminent domain, authority to acquire recreational facilities by: RCW
67.20.010.
(2008 Ed.)
Cities and Towns
eminent domain, ordinance to provide methods of payment of compensation: RCW 8.12.040.
evidence, admissible as, when: RCW 5.44.080.
industrial insurance, benefits to injured employees under: RCW
51.12.050.
liquor control, power of municipalities to adopt police regulations: RCW
66.08.120.
minimum wage law supplementary to: RCW 49.46.120.
payment of lower wages than obligated, penalty: RCW 49.52.050.
plots resurvey authorized and regulation of: RCW 58.10.030, 58.10.040.
port district regulations, adoption: RCW 53.08.220.
recording as evidence of passage: RCW 5.44.080.
statewide city employees’ retirement, election to join by: RCW 41.44.050,
41.44.090.
water distribution system, city may accept conveyance of and agree to
maintain by: RCW 57.08.040.
Organization under general laws required: State Constitution Art. 11 § 10
(Amendment 40).
Outdoor recreation land acquisition or improvement under marine recreation land act: Chapter 79A.25 RCW.
Parks and recreation
authority to acquire and operate: RCW 67.20.010.
conditional sales contracts by cities and towns for purchase of property
for parks authorized, vote required if exceeds indebtedness: RCW
39.30.010.
districts: Chapter 36.69 RCW.
eminent domain by cities for: RCW 8.12.030.
state tidelands and shorelands: RCW 79.125.710, 79.125.720.
Peddlers’ and hawkers’ licenses: Chapter 36.71 RCW, RCW 73.04.050,
73.04.060.
Planning commissions
airport zoning commission, appointment as: RCW 14.12.070(2).
cemeteries, establishment or extension recommendations concerning:
RCW 68.20.080.
Plats and boundaries: Title 58 RCW.
Police
civil service, qualifications of applicants for positions: RCW 41.12.070.
enforcement of traffic laws or regulations: Chapter 46.64 RCW.
health regulations by state board of health, duty to enforce, penalty: RCW
43.20.050.
jury duty, exempt from: RCW 2.36.080.
limited highway access facilities, concurrent jurisdiction: RCW
47.52.200.
militia, exemption from service: RCW 38.44.030.
motor vehicle accident reports: RCW 46.52.070.
motor vehicle dealer’s license application, police chief to certify: RCW
46.70.041.
pawnbroker reports to: RCW 19.60.040.
regulations to be enforced: State Constitution Art. 11 § 11.
retirement and pensions, first-class cities: Chapter 41.20 RCW.
retirement and pensions, statewide city employees’ retirement system:
Chapter 41.44 RCW.
secondhand dealers reports to: RCW 19.60.040.
unclaimed property: Chapter 63.32 RCW.
vehicle wreckers’ records, inspection by: RCW 46.80.080, 46.80.150.
Pollution control
eminent domain by cities for: RCW 8.12.030.
municipal bonding authority: Chapter 70.95A RCW.
Population determination, generally: Chapter 43.62 RCW.
Port district must submit park or recreational plans to municipal park
agency: RCW 53.08.270.
Title 35
sale, exchange, or lease to state or political subdivision authorized: RCW
39.33.010.
state highway purposes, acquisition for: RCW 47.12.040.
Public buildings, provision to be made for use by aged and individuals with
disabilities: Chapter 70.92 RCW.
Public contracts and indebtedness, generally: Title 39 RCW.
Public employment
civil service and retirement rights preserved when elective office assumed:
RCW 41.04.120.
subversive person ineligible: RCW 9.81.040.
wage deduction for charitable contributions: RCW 41.04.035, 41.04.036.
Public funds, private use prohibited: State Constitution Art. 11 § 14.
Public health pooling fund: Chapter 70.12 RCW.
Public lands, assessment against: Chapter 79.44 RCW.
Public markets, eminent domain by cities for: RCW 8.12.030.
Public utility districts
restrictions on use of power facilities: RCW 54.04.040.
tax on revenue: RCW 54.28.070.
Public works, liens for labor and materials performed: Chapter 60.28 RCW.
Purchases
authority to acquire and operate certain recreational facilities and camps:
Chapter 67.20 RCW.
conditional sales contracts for purchase of real or personal property:
RCW 39.30.010.
preferential, exceptions: RCW 19.06.020, 43.78.130 through 43.78.160.
Railroad
crossings, signals and devices, allocations of funds to defray costs of:
RCW 81.53.271 through 81.53.275, 81.53.281.
industrial crossing, inspection, not applicable within limits of first-class
cities: RCW 81.54.040.
Railways, street: Chapter 81.64 RCW.
Recall of elective officers: State Constitution Art. 1 §§ 33, 34 (Amendment
8), chapter 29A.56 RCW.
Reclamation districts: Chapter 89.30 RCW.
Records
destruction of, procedure for: RCW 40.14.070.
historical records, transfer to depository agency, procedure for: RCW
40.14.070.
Redistricting by local governments and municipal corporations—Census
information for—Plan, prepared when, criteria for, hearing on,
request for review of, certification, remand—Sanctions when review
request frivolous: RCW 29A.76.010.
Referendum, electric utility transmission line construction and maintenance
franchise: RCW 80.32.040.
Reincorporation, under general laws permitted to cities under special charter: State Constitution Art. 11 § 10 (Amendment 40).
River and harbor improvement districts, planning: RCW 88.32.240.
Sanitary regulations may be enforced: State Constitution Art. 11 § 11.
Sanitation, secretary of health, assistance: RCW 70.54.040.
School districts, educational service districts, agreements with other governmental entities for transportation of students or the public, or for other
noncommon school purposes—Limitations: RCW 28A.160.120.
Second-class cities
elections, nonpartisan primaries: Chapter 29A.52 RCW.
eminent domain by cities, construction of chapter as to second-class cities:
RCW 8.12.560.
Port district regulations, adoption as city ordinance: RCW 53.08.220.
Senior citizens programs—Authorization to establish and administer: RCW
36.39.060.
Powers of county commissioners to alter boundaries inapplicable where
boundary review board created: RCW 36.93.220.
Service of summons on, personal service: RCW 4.28.080(2).
Prepayment of taxes and assessments: RCW 35.21.650.
Sewer and water revenue bonds, mutual savings banks, investment in: RCW
32.20.070, 32.20.100.
Printing: RCW 43.78.130 through 43.78.160.
Sewerage improvement districts: Title 85 RCW.
Prisons (see Jails).
Sewerage systems
eminent domain by cities for: RCW 8.12.030.
plans, submission to department of ecology: RCW 90.48.110.
public nuisances concerning: RCW 7.48.140(2).
Property
forest lands, conveying to state for forestry purposes: RCW 79.10.040.
intergovernmental disposition of: RCW 39.33.010.
(2008 Ed.)
[Title 35 RCW—page 5]
Title 35
Title 35 RCW: Cities and Towns
Sexually transmitted disease, treatment and control: Chapter 70.24 RCW.
Shorelands
generally: Title 79 RCW, chapter 90.58 RCW.
parks or playgrounds, application, grantor exchange: RCW 79.125.710,
79.125.720.
Soil and water conservation districts: Chapter 89.08 RCW.
Solid waste collection company provisions do not apply to: RCW 81.77.020.
Statewide city employees’ retirement: Chapter 41.44 RCW.
Streets and alleys
abandoned state highways as: RCW 36.75.090.
abandonment, waters backed over: RCW 90.28.020.
aid in construction or maintenance of by state or county, procedure: RCW
47.24.050.
as extension of county road, shared maintenance: RCW 36.75.205.
as state highways, jurisdiction, maintenance and control: RCW
47.24.020.
closure or restrictions on traffic authorized: Chapter 47.48 RCW.
collection and removal of glass containers: RCW 47.40.090.
construction and maintenance aid by state or county, procedure: RCW
47.24.050.
county bridges across: RCW 36.75.200.
county may aid in construction and maintenance of: RCW 47.24.050.
dedication of county land for: RCW 36.34.290, 36.34.300.
dedication upon replat: RCW 79.125.090.
defined, motor vehicle law: RCW 46.04.120.
defined, state highway law: RCW 47.04.010(6).
eminent domain, for: RCW 8.12.030.
franchise rights on limited access facility and when joint governmental
facility: RCW 47.52.090.
lighting systems, water-sewer district powers in regard to: RCW
57.08.060.
limited access facilities, generally: Chapter 47.52 RCW.
obstructing is nuisance: RCW 7.48.120.
obstructing or interfering with, public nuisance, penalty: RCW 9.66.010.
state highways as, franchises across bridges jointly owned and operated:
RCW 47.44.040.
state highways as, generally: Chapter 47.24 RCW.
state land, easement or right-of-way over for city streets: RCW 79.36.440.
street materials, sale of material to cities and towns from public lands, disposition of proceeds: RCW 79.15.320.
telecommunications companies’ use of rights-of-way: RCW 80.36.040.
tidelands and shorelands platting, dedication to public use: RCW
79.120.010.
traffic control devices for, generally: Chapters 46.61, 47.36 RCW.
vacation of by replat: RCW 79.125.420, 79.125.110.
Taverns, music permit: RCW 66.28.080.
Tax lien, acquisition by governmental unit of property subject to: RCW
84.60.050, 84.60.070.
Tax liens, priority of: RCW 84.60.010.
Taxation
collection by county treasurer: Chapter 36.29 RCW.
electricity, sale of by public utility districts: RCW 54.28.070.
excess levies authorized, when, procedure: RCW 84.52.052.
firefighters’ pension fund, property tax for: RCW 41.16.060.
insurance companies, state preemption: RCW 48.14.020(4).
motor vehicle fuel excise tax, preemption by state: RCW 82.36.440.
power of: State Constitution Art. 11 § 12.
preemption, excise taxes: RCW 82.02.020.
preemption, motor vehicle fuel tax: RCW 82.36.440.
property tax
authorized to assess and collect general: State Constitution Art. 7 § 9.
limitation on levies: State Constitution Art. 7 § 2 (Amendments 55, 59),
RCW 84.52.050.
local taxes not to be imposed by legislature: State Constitution Art. 11
§ 12.
power to assess and collect rests in city: State Constitution Art. 11 § 12.
uniformity in respect to persons and property required: State Constitution Art. 7 § 9.
public utility district’s gross revenue: RCW 54.28.070.
refunding bonds, tax levy to meet payments and interest: RCW 39.52.035.
sales and use taxes: Chapter 82.14 RCW.
Taxing district relief act: Chapter 39.64 RCW.
[Title 35 RCW—page 6]
Teletypewriter communications network, connection with, participation in:
RCW 43.89.030.
Tidelands
eminent domain, drainage: RCW 8.12.030.
extension of streets over: State Constitution Art. 15 § 3.
ownership of: State Constitution Art. 17 §§ 1, 2.
rentals, receipt by: RCW 79.115.150.
sale of, authority to sell to cities and towns: RCW 79.125.700.
Toll facilities, contributions by cities and towns for authorized, financing,
reimbursement: RCW 47.56.250.
Towns
actions against: RCW 4.08.120.
actions by in corporate name: RCW 4.08.110.
charter, amendment of by special act, prohibited: State Constitution Art.
2 § 28(8).
corporate stock or bonds not to be owned by: State Constitution Art. 8 § 7.
credit not to be loaned, exception: State Constitution Art. 8 § 7.
indebtedness: State Constitution Art. 8 § 6 (Amendment 27).
limitation upon actions by: RCW 4.16.160.
moneys, deposited with treasurer: State Constitution Art. 11 § 15.
moneys, use of, by official, a felony: State Constitution Art. 11 § 14.
officers, salaries of, not to be changed during term: State Constitution
Art. 11 § 8.
officers, vacancies, not to be extended: State Constitution Art. 11 § 8.
organization under general laws required: State Constitution Art. 11 § 10
(Amendment 40).
plats, regulation of surveys and plats: RCW 58.10.040.
plats, resurvey and correction of: RCW 58.10.030.
police department, control and direction of: State Constitution Art. 11 §
11.
sanitary regulations may be enforced: State Constitution Art. 11 § 11.
service of summons on, personal service: RCW 4.28.080(2).
taxation, power of: State Constitution Art. 11 § 12.
Trade centers—Annual service fee—Distribution to cities: RCW 53.29.030.
Traffic schools: Chapter 46.83 RCW.
Transportation centers authorized: Chapter 81.75 RCW.
Transportation systems
exempt from motor freight carrier law: RCW 81.80.040(4).
motor vehicle fuel tax refunds: RCW 82.36.275.
Trees, plants, shrubs or vegetation, duty to disinfect or destroy: RCW
15.08.230.
Trusts for employee benefits: Chapter 49.64 RCW.
Unclaimed property in hands of city police: Chapter 63.32 RCW.
Uniform state standard of traffic devices, copy of to be furnished to: RCW
47.36.030.
Urban arterials, planning, construction, funds, bond issue, etc.: Chapter
47.26 RCW.
Utility poles, attachment of objects to, penalty: RCW 70.54.090.
Vacancies in public office, causes, how filled: Chapter 42.12 RCW.
Vehicle wreckers’ regulation by, to conform with chapter 46.80 RCW: RCW
46.80.160.
Venue of actions against public officers: RCW 4.12.020(2).
Veterans’ organizations, providing of meeting places for: RCW 73.04.070.
Veterans preference in public employment, reemployment: Chapter 73.16
RCW.
Warrants
interest rate: RCW 39.56.020.
rate fixed by issuing officer: RCW 39.56.030.
Washington clean air act: Chapter 70.94 RCW.
Water distribution systems, conveyance by water districts: Chapter 57.08
RCW.
Water-sewer districts
boundaries identical with, dissolution procedure: RCW 57.04.110.
inclusion within boundaries: RCW 57.04.020.
labor and materials: RCW 57.08.050.
Water pollution
depositing unwholesome matter in waters, public nuisance, penalty: RCW
9.66.050.
(2008 Ed.)
Incorporation Proceedings
public utility districts, powers in regard to: RCW 54.16.050.
shellfish sanitation control, pollution laws and rules and regulations
applied to: RCW 69.30.130.
water supply, eminent domain by cities to prevent: RCW 8.12.030.
water supply, generally: RCW 70.54.010.
watersheds in adjoining state: RCW 70.54.030.
§ 5; prior: (i) 1890 p 140 § 11, part; RRS § 8932, part. (ii)
1890 p 141 § 13; RRS § 8934.]
Chapter 35.02
Water recreation facilities: Chapter 70.90 RCW.
Water revenue bonds, mutual savings banks, investment in: RCW 32.20.070,
32.20.100.
Water systems, bonds, refunding: Chapter 39.52 RCW.
Watercourses and waterways
city streets, improvement of slopes: RCW 79.120.030.
vacation of, grounds for, procedure: RCW 79.120.060.
Watersheds
eminent domain for: RCW 8.12.030, 8.28.050.
state land, condemnation or purchase by city or town permitted: RCW
79.10.070.
Weeds, duty to destroy, extermination areas: RCW 17.04.160.
Weights and measures, city sealer: RCW 19.94.280.
Wharves and landings
as part of state highway system: Chapter 47.24 RCW.
authorization of private construction: RCW 88.24.030.
Chapter 35.01 RCW
MUNICIPAL CORPORATIONS CLASSIFIED
Chapter 35.01
35.01.010
35.01.020
35.01.040
First-class city.
Second-class city.
Town.
Combined city and county municipal corporations: State Constitution Art.
11 § 16 (Amendment 58).
Determining population
generally: Chapter 43.62 RCW.
of annexed territory: RCW 35.13.260.
First-class cities, generally: Chapter 35.22 RCW.
Metropolitan municipal corporations: Chapter 35.58 RCW.
35.02.001
35.02.005
35.02.010
35.02.015
35.02.017
35.02.020
35.02.030
35.02.035
35.02.037
35.02.039
35.02.040
35.02.070
35.02.078
35.02.086
35.02.090
35.02.100
35.02.110
35.02.120
35.02.130
35.02.132
35.02.135
35.02.137
35.02.139
35.02.140
35.02.150
Second-class cities, generally: Chapter 35.23 RCW.
Towns, generally: Chapter 35.27 RCW.
35.01.010 First-class city. A first-class city is a city
with a population of ten thousand or more at the time of its
organization or reorganization that has a charter adopted
under Article XI, section 10, of the state Constitution. [1994
c 81 § 3; 1965 c 7 § 35.01.010. Prior: 1955 c 319 § 2; prior:
(i) 1890 p 140 § 11, part; RRS § 8932, part. (ii) 1907 c 248 §
1, part; 1890 p 140 § 12, part; RRS § 8933, part.]
35.02.155
35.02.160
35.01.010
35.01.020 Second-class city. A second-class city is a
city with a population of fifteen hundred or more at the time
of its organization or reorganization that does not have a
charter adopted under Article XI, section 10, of the state Constitution, and does not operate under Title 35A RCW. [1997
c 361 § 9; 1994 c 81 § 4; 1965 c 7 § 35.01.020. Prior: 1955 c
319 § 3; prior: (i) 1890 p 140 § 11, part; RRS § 8932, part.
(ii) 1907 c 248 § 1, part; 1890 p 140 § 12, part; RRS § 8933,
part.]
35.02.170
35.02.180
35.02.190
35.02.200
35.01.020
35.01.040 Town. A town has a population of less than
fifteen hundred at the time of its organization and does not
operate under Title 35A RCW. [1997 c 361 § 10; 1994 c 81
§ 5; 1965 c 7 § 35.01.040. Prior: 1963 c 119 § 2; 1955 c 319
35.02.202
35.02.205
35.02.210
35.02.220
35.02.225
35.02.230
35.01.040
(2008 Ed.)
Chapter 35.02 RCW
INCORPORATION PROCEEDINGS
Sections
35.02.125
Sections
Chapter 35.02
35.02.240
35.02.250
Actions subject to review by boundary review board.
Purpose.
Authority for incorporation—Number of inhabitants required.
Proposed incorporations—Notice to county—Boundary
review board hearing.
County auditor shall provide identification number.
Petition for incorporation—Signatures—Filing deadline.
Petition for incorporation—Contents.
Petition—Auditor’s duties.
Petition—Notice of certification.
Public hearing—Time limitations.
Public hearing—Publication of notice.
Public hearing by county legislative authority—Establishment
of boundaries—Limitations.
Elections—Question of incorporation—Nomination and election of officers.
Elections—Candidates—Filing—Withdrawal—Ballot position.
Elections—Conduct—Voters’ qualifications.
Election on question of incorporation—Notice—Contents.
Election on question of incorporation—Ballots.
Election on question of incorporation—Certification of
results.
Newly incorporated city or town—Liability for costs of elections.
Newly incorporated city or town—Effective date of incorporation—Powers during interim period—Terms of elected
officers—First municipal election.
Newly incorporated city or town—Budgets.
Newly incorporated city or town—May borrow from municipal sales and use tax equalization account.
Newly incorporated city or town—Moratoria on development
permits and approvals.
Newly incorporated city or town—First general election of
councilmembers or commissioners—Initial, subsequent
terms.
Disposition of uncollected road district taxes.
Pending final disposition of petition no other petition for
incorporation to be acted upon—Withdrawal or substitution—Action on petition for annexation authorized.
Effect of proposed annexation on petition.
Cancellation, acquisition of franchise or permit for operation
of public service business in territory incorporated—Regulation of solid waste collection.
Use of right-of-way line as corporate boundary—When
right-of-way may be included.
Ownership of county roads to revert to city or town—Territory
within city or town to be removed from fire protection, road,
and library districts.
Annexation/incorporation of fire protection district—Transfer
of assets when at least sixty percent of assessed valuation is
annexed or incorporated in city or town.
Annexation/incorporation of fire protection district—Ownership of assets of fire protection district—When less than
sixty percent.
Annexation/incorporation of fire protection district—Delay of
transfer.
Annexation/incorporation of fire protection district—Distribution of assets of district when less than five percent of district
annexed—Distribution agreement—Arbitration.
Fire protection district and library district—Continuation of
services at option of city or town.
Duty of county and road, library, and fire districts to continue
services during transition period—Road maintenance and
law enforcement services.
County may contract to provide essential services.
Incorporation of city or town located in more than one
county—Powers and duties of county after incorporation—
Costs.
Incorporation of city or town located in more than one
county—Taxes—Powers and duties of county after incorporation—Costs.
Corporate powers in dealings with federal government.
[Title 35 RCW—page 7]
35.02.001
35.02.260
35.02.270
Title 35 RCW: Cities and Towns
Duty of department of community, trade, and economic development to assist newly incorporated cities and towns.
Other local governments and state agencies—May assist
newly incorporated cities and towns.
Combined city and county municipal corporations: State Constitution Art.
11 § 16 (Amendment 58).
Fire protection districts, effect upon: Chapter 52.22 RCW.
Incorporation of municipalities: State Constitution Art. 11 § 10 (Amendment
40).
Incorporation proceedings exempt from State Environmental Policy Act:
RCW 36.93.170, 43.21C.220.
35.02.001 Actions subject to review by boundary
review board. The incorporation of a city or town is subject
to review by a boundary review board under chapter 36.93
RCW if a boundary review board exists in the county in
which all or any portion of the territory proposed to be incorporated is located. [1994 c 216 § 11; 1989 c 84 § 25.]
35.02.001
Effective date—1994 c 216: See note following RCW 35.02.015.
35.02.005 Purpose. The purpose of chapter 35.02
RCW is to provide a clear and uniform process for the incorporation of cities or towns operating under either Title 35 or
35A RCW. An incorporation may result in the creation of a
second-class city or town operating under Title 35 RCW or a
noncharter code city operating under Title 35A RCW. [1994
c 81 § 6; 1986 c 234 § 1.]
35.02.005
35.02.010 Authority for incorporation—Number of
inhabitants required. Any contiguous area containing not
less than one thousand five hundred inhabitants lying outside
the limits of an incorporated city or town may become incorporated as a city or town operating under Title 35 or 35A
RCW as provided in this chapter: PROVIDED, That no area
which lies within five air miles of the boundary of any city
having a population of fifteen thousand or more shall be
incorporated which contains less than three thousand inhabitants. [1994 c 216 § 12; 1986 c 234 § 2; 1969 c 48 § 1; 1965
c 7 § 35.02.010. Prior: 1963 c 57 § 1; 1890 p 131 § 1; 1888 p
221 § 1; 1877 p 173 § 1; 1871 p 51 § 1; RRS § 8883.]
35.02.010
Reviser’s note: The current definition of "town" under RCW 35.01.040
precludes the incorporation of a town under this section.
Effective date—1994 c 216: See note following RCW 35.02.015.
Validation—1961 ex.s. c 16: Validation of certain incorporations and
annexations—Municipal corporations of the fourth class: See note following RCW 35.21.010.
Validating—1899 c 61: "Any municipal corporation which has been
incorporated under the existing laws of this state shall be a valid municipal
corporation notwithstanding a failure to publish the notice of the election
held or to be held for the purpose of determining whether such city should or
shall become incorporated, for the length of time required by law governing
such incorporation: PROVIDED, A notice fulfilling in other respects the
requirements of law shall have been published for one week prior to such
election in a newspaper printed and published within the boundaries of the
corporation." [1899 c 61 p 103 § 1.]
Validating—1893 c 80: "The incorporation of all cities and towns in
this state heretofore had or attempted under sections one, two and three of an
act entitled ’An act providing for the organization, classification, incorporation and government of municipal corporations, and declaring an emergency,’ approved March 24, 1890, and the re-incorporation of all cities and
towns in this state heretofore had or attempted under sections one, four and
five of said act, under which attempted incorporation or re-incorporation an
organized government has been maintained since the date thereof, is hereby
for all purposes declared legal and valid, and such cities and towns are
hereby declared duly incorporated. And all contracts and obligations heretofore made, entered into or incurred by any such city or town so incorporated
[Title 35 RCW—page 8]
or re-incorporated are hereby declared legal and valid and of full force and
effect." [1893 c 80 p 183 § 1.]
Validating—1890 c 7: "When so incorporated, the debts due from such
town, village or city to any person, firm or corporation may be assumed and
paid by the municipal authorities of such town, village or city; and all debts
due to such town, village or city from any person, firm or corporation shall
be deemed ratified, and may be collected in the same manner and in all
respects as though such original incorporation were valid." [1890 c 7 p 136
§ 7.]
35.02.015 Proposed incorporations—Notice to
county—Boundary review board hearing. Any person
proposing the incorporation of a city or town shall file a
notice of the proposed incorporation with the county legislative authority of the county in which all or the major portion
of the proposed city or town is located. The notice shall
include the matters required to be included in the incorporation petition under RCW 35.02.030 and be accompanied by
both a one hundred dollar filing fee and an affidavit from the
person stating that he or she is a registered voter residing in
the proposed city or town.
The county legislative authority shall promptly notify
the boundary review board of the proposed incorporation,
which shall hold a public meeting on the proposed incorporation within thirty days of the notice being filed where persons
favoring and opposing the proposed incorporation may state
their views. If a boundary review board does not exist in the
county, the county legislative authority shall provide the public meeting. The public meeting shall be held at a location in
or near the proposed city or town. Notice of the public meeting shall be published in a newspaper of general circulation in
the area proposed to be incorporated at least once ten days
prior to the public meeting. [1994 c 216 § 1.]
35.02.015
Effective date—1994 c 216: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 1, 1994]." [1994 c 216 § 21.]
35.02.017 County auditor shall provide identification
number. Within one working day after the public meeting
under RCW 35.02.015, the county auditor shall provide an
identification number for the incorporation effort to the person who made the notice of proposing the incorporation. The
identification number shall be included on the petition proposing the incorporation.
The petition proposing the incorporation may retain the
proposed boundaries and other matters as described in the
notice, or may alter the proposed boundaries and other matters. [1994 c 216 § 2.]
35.02.017
Effective date—1994 c 216: See note following RCW 35.02.015.
35.02.020 Petition for incorporation—Signatures—
Filing deadline. A petition for incorporation must be signed
by registered voters resident within the limits of the proposed
city or town equal in number to at least ten percent of the
number of voters residing within the proposed city or town
and filed with the auditor of the county in which all, or the
largest portion of, the proposed city or town is located. The
petition must be filed with the auditor by no later than one
hundred eighty days after the date the public meeting on the
proposed incorporation was held under RCW 35.02.015, or
the next regular business day following the one hundred
35.02.020
(2008 Ed.)
Incorporation Proceedings
eightieth day if the one hundred eightieth day is not a regular
business day. [1994 c 216 § 4; 1986 c 234 § 3; 1965 c 7 §
35.02.020. Prior: 1957 c 173 § 2; prior: 1953 c 219 § 1; 1890
p 131 § 2, part; 1888 p 221 §§ 1, 2, part; 1877 p 173 §§ 1, 2,
part; 1871 p 51 § 1, part; RRS § 8884, part.]
Effective date—1994 c 216: See note following RCW 35.02.015.
35.02.030 Petition for incorporation—Contents. The
petition for incorporation shall: (1) Indicate whether the proposed city or town shall be a noncharter code city operating
under Title 35A RCW, or a city or town operating under Title
35 RCW; (2) indicate the form or plan of government the city
or town is to have; (3) set forth and particularly describe the
proposed boundaries of the proposed city or town; (4) state
the name of the proposed city or town; (5) state the number of
inhabitants therein, as nearly as may be; and (6) pray that the
city or town be incorporated. The petition shall conform to
the requirements for form prescribed in RCW 35A.01.040.
The petition shall include the identification number provided
under RCW 35.02.017 and state the last date by which the
petition may be filed, as determined under RCW 35.02.020.
If the proposed city or town is located in more than one
county, the petition shall be prepared in such a manner as to
indicate the different counties within which the signators
reside.
A city or town operating under Title 35 RCW may have
a mayor/council, council/manager, or commission form of
government. A city operating under Title 35A RCW may
have a mayor/council or council/manager plan of government.
If the petition fails to specify the matters described in
subsection (1) of this section, the proposal shall be to incorporate as a noncharter code city. If the petition fails to specify
the matter described in subsection (2) of this section, the proposal shall be to incorporate with a mayor/council form or
plan of government. [1994 c 216 § 3; 1986 c 234 § 4; 1965 c
7 § 35.02.030. Prior: 1957 c 173 § 3; prior: 1953 c 219 § 2;
1890 p 131 § 2, part; 1888 p 221 §§ 1, 2, part; 1877 p 173 §§
1, 2, part; 1871 p 51 § 1, part; RRS § 8884, part.]
35.02.030
Effective date—1994 c 216: See note following RCW 35.02.015.
35.02.035 Petition—Auditor’s duties. The county
auditor shall within thirty days from the time of receiving
said petition determine if the petition contains a sufficient
number of valid signatures. If the proposed city or town is
located in more than one county, the auditor shall immediately transmit a copy of the petition to the auditor of the other
county or counties within which the proposed city or town is
located. Each of these other county auditors shall certify the
number of valid signatures thereon of voters residing in the
county and transmit the certification to the auditor of the
county with whom the petition was originally filed. This
auditor shall determine if the petition contains a sufficient
number of valid signatures. If the petition is certified as having sufficient valid signatures, the county auditor shall transmit said petition, accompanied by the certificate of sufficiency, to the county legislative authority or authorities of the
county or counties within which the proposed city or town is
located. [1986 c 234 § 5; 1965 c 7 § 35.02.035. Prior: 1953
c 219 § 8.]
35.02.035
(2008 Ed.)
35.02.070
35.02.037 Petition—Notice of certification. The
county auditor who certifies the sufficiency of the petition
shall notify the person or persons who submitted the petition
of its sufficiency within five days of when the determination
of sufficiency is made. Notice shall be by certified mail and
may additionally be made by telephone. If a boundary review
board or boards exists in the county or counties in which the
proposed city or town is located, the petitioners shall file
notice of the proposed incorporation with the boundary
review board or boards. [1986 c 234 § 6.]
35.02.037
35.02.039 Public hearing—Time limitations. (1) The
county legislative authority of the county in which the proposed city or town is located shall hold a public hearing on
the proposed incorporation if no boundary review board
exists in the county. The public hearing shall be held within
sixty days of when the county auditor notifies the legislative
authority of the sufficiency of the petition if no boundary
review board exists in the county, or within ninety days of
when notice of the proposal is filed with the boundary review
board if the boundary review board fails to take jurisdiction
over the proposal. The public hearing may be continued to
other days, not extending more than sixty days beyond the
initial hearing date. If the boundary review board takes jurisdiction, the county legislative authority shall not hold a public hearing on the proposal.
(2) If the proposed city or town is located in more than
one county, a public hearing shall be held in each of the counties by the county legislative authority or boundary review
board. Joint public hearings may be held by two or more
county legislative authorities, or two or more boundary
review boards. [1994 c 216 § 14; 1986 c 234 § 7.]
35.02.039
Effective date—1994 c 216: See note following RCW 35.02.015.
35.02.040 Public hearing—Publication of notice.
Notice of the public hearing by the county legislative authority on the proposed incorporation shall be by one publication
in not more than ten nor less than three days prior to the date
set for said hearing in one or more newspapers of general circulation within the area proposed to be incorporated. Said
notice shall contain the time and place of said hearing. [1986
c 234 § 8; 1965 c 7 § 35.02.040. Prior: 1957 c 173 § 4; prior:
1953 c 219 § 3; 1890 p 131 § 2, part; 1888 p 221 §§ 1, 2, part;
1877 p 173 §§ 1, 2, part; 1871 p 51 § 1, part; RRS § 8884,
part.]
35.02.040
35.02.070 Public hearing by county legislative
authority—Establishment of boundaries—Limitations.
(1) If a county legislative authority holds a public hearing on
a proposed incorporation, it shall establish and define the
boundaries of the proposed city or town, being authorized to
decrease or increase the area proposed in the petition under
the same restrictions that a boundary review board may modify the proposed boundaries. The county legislative authority,
or the boundary review board if it takes jurisdiction, shall
determine the number of inhabitants within the boundaries it
has established.
(2) A county legislative authority shall disapprove the
proposed incorporation if, without decreasing the area proposed in the petition, it does not conform with RCW
35.02.070
[Title 35 RCW—page 9]
35.02.078
Title 35 RCW: Cities and Towns
35.02.010. A county legislative authority may not otherwise
disapprove a proposed incorporation.
(3) A county legislative authority or boundary review
board has jurisdiction only over that portion of a proposed
city or town located within the boundaries of the county.
[1994 c 216 § 17; 1986 c 234 § 9; 1975 1st ex.s. c 220 § 3;
1965 c 7 § 35.02.070. Prior: 1963 c 57 § 2; 1957 c 173 § 7;
prior: 1890 p 131 § 2, part; 1888 p 221 §§ 1, 2, part; 1877 p
173 §§ 1, 2, part; 1871 p 51 § 1, part; RRS § 8884, part.]
Effective date—1994 c 216: See note following RCW 35.02.015.
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
Incorporation subject to approval by boundary review board: RCW
36.93.090.
35.02.078 Elections—Question of incorporation—
Nomination and election of officers. An election shall be
held in the area proposed to be incorporated to determine
whether the proposed city or town shall be incorporated when
the boundary review board takes action on the proposal other
than disapproving the proposal, or if the county legislative
authority does not disapprove the proposal as provided in
RCW 35.02.070. Voters at this election shall determine if the
area is to be incorporated.
The initial election on the question of incorporation shall
be held at the next special election date specified in *RCW
29.13.020 that occurs sixty or more days after the final public
hearing by the county legislative authority or authorities, or
action by the boundary review board or boards. The county
legislative authority or authorities shall call for this election
and, if the incorporation is approved, shall call for other elections to elect the elected officials as provided in this section.
If the vote in favor of the incorporation receives forty percent
or less of the total vote on the question of incorporation, no
new election on the question of incorporation for the area or
any portion of the area proposed to be incorporated may be
held for a period of three years from the date of the election
in which the incorporation failed.
If the incorporation is authorized as provided by RCW
35.02.120, separate elections shall be held to nominate and
elect persons to fill the various elective offices prescribed by
law for the population and type of city or town, and to which
it will belong. The primary election to nominate candidates
for these elective positions shall be held at the next special
election date, as specified in *RCW 29.13.020, that occurs
sixty or more days after the election on the question of incorporation. The election to fill these elective positions shall be
held at the next special election date, as specified in *RCW
29.13.020, that occurs thirty or more days after certification
of the results of the primary election. [1994 c 216 § 18; 1986
c 234 § 10.]
RCW 29A.24.050. The elective positions shall be as provided in law for the type of city or town and form or plan of
government specified in the petition to incorporate, and for
the population of the city or town as determined by the
county legislative authority or boundary review board where
applicable. Any candidate may withdraw his or her declaration according to RCW 29A.24.131. All names of candidates
to be voted upon shall be printed upon the ballot alphabetically in groups under the designation of the respective titles
of offices for which they are candidates. Names of candidates printed upon the ballot need not be rotated. [2006 c 344
§ 20; 1986 c 234 § 11; 1965 c 7 § 35.02.086. Prior: 1953 c
219 § 9.]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
35.02.078
*Reviser’s note: RCW 29.13.020 was recodified as RCW 29A.04.330
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Effective date—1994 c 216: See note following RCW 35.02.015.
35.02.086 Elections—Candidates—Filing—Withdrawal—Ballot position. Each candidate for a city or town
elective position shall file a declaration of candidacy with the
county auditor of the county in which all or the major portion
of the city or town is located prior to the primary election at
which the initial elected officials are nominated, according to
35.02.086
[Title 35 RCW—page 10]
35.02.090 Elections—Conduct—Voters’ qualifications. The elections on the proposed incorporation and for
the nomination and election of the initial elected officials
shall be conducted in accordance with the general election
laws of the state, except as provided in this chapter. No person is entitled to vote thereat unless he or she is a qualified
elector of the county, or any of the counties in which the proposed city or town is located, and has resided within the limits of the proposed city or town for at least thirty days next
preceding the date of election. [1986 c 234 § 12; 1965 c 7 §
35.02.090. Prior: 1890 p 133 § 3, part; RRS § 8885, part.]
35.02.090
35.02.100 Election on question of incorporation—
Notice—Contents. The notice of election on the question of
the incorporation shall be given as provided by *RCW
29.27.080 but shall further describe the boundaries of the
proposed city or town, its name, and the number of inhabitants ascertained by the county legislative authority or the
boundary review board to reside in it. [1986 c 234 § 13; 1965
c 7 § 35.02.100. Prior: 1957 c 173 § 9; prior: 1953 c 219 §
5; 1890 p 131 § 2, part; 1888 p 221 §§ 1, 2, part; 1877 p 173
§§ 1, 2, part; 1871 p 51 § 1, part; RRS § 8884, part.]
35.02.100
*Reviser’s note: RCW 29.27.080 was recodified as RCW 29A.52.350
pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29A.52.350 was
subsequently repealed by 2004 c 271 § 193. Later enactment of RCW
29A.52.350, see RCW 29A.52.351.
35.02.110 Election on question of incorporation—
Ballots. The ballots in the initial election on the question of
incorporation shall contain the words "for incorporation" and
"against incorporation" or words equivalent thereto. [1986 c
234 § 14; 1965 c 7 § 35.02.110. Prior: 1957 c 173 § 10; prior:
1890 p 131 § 2, part; 1888 p 221 §§ 1, 2, part; 1877 p 173 §§
1, 2, part; 1871 p 51 § 1, part; RRS § 8884, part.]
35.02.110
35.02.120 Election on question of incorporation—
Certification of results. If the results reveal that a majority
of the votes cast are for incorporation, the city or town shall
become incorporated as provided in RCW 35.02.130. If the
proposed city or town is located in more than one county, the
auditors of the county or counties in which the smaller portion or portions of the proposed city or town is located shall
forward a certified copy of the election results to the auditor
of the county within which the major portion is located. This
auditor shall add these totals to the totals in his or her county
35.02.120
(2008 Ed.)
Incorporation Proceedings
and certify the results to each of the county legislative authorities. [1986 c 234 § 15; 1965 c 7 § 35.02.120. Prior: 1953 c
219 § 6; 1890 p 133 § 3, part; RRS § 8885, part.]
Canvassing returns, generally: Chapter 29A.60 RCW.
Conduct of elections—Canvass: RCW 29A.60.010.
35.02.125 Newly incorporated city or town—Liability for costs of elections. A newly incorporated city or town
shall be liable for its proportionate share of the costs of all
elections, after the election on whether the area should be
incorporated, at which an issue relating to the city or town is
placed before the voters, as if the city or town was in existence after the election at which voters authorized the area to
incorporate. [1991 c 360 § 2.]
35.02.125
35.02.130 Newly incorporated city or town—Effective date of incorporation—Powers during interim
period—Terms of elected officers—First municipal election. The city or town officially shall become incorporated at
a date from one hundred eighty days to three hundred sixty
days after the date of the election on the question of incorporation. An interim period shall exist between the time the
newly elected officials have been elected and qualified and
this official date of incorporation. During this interim period,
the newly elected officials are authorized to adopt ordinances
and resolutions which shall become effective on or after the
official date of incorporation, and to enter into contracts and
agreements to facilitate the transition to becoming a city or
town and to ensure a continuation of governmental services
after the official date of incorporation. Periods of time that
would be required to elapse between the enactment and effective date of such ordinances, including but not limited to
times for publication or for filing referendums, shall commence upon the date of such enactment as though the city or
town were officially incorporated.
During this interim period, the city or town governing
body may adopt rules establishing policies and procedures
under the state environmental policy act, chapter 43.21C
RCW, and may use these rules and procedures in making
determinations under the state environmental policy act,
chapter 43.21C RCW.
During this interim period, the newly formed city or
town and its governing body shall be subject to the following
as though the city or town were officially incorporated:
RCW 4.24.470 relating to immunity; chapter 42.17 RCW
relating to open government; chapter 42.56 RCW relating to
public records; chapter 40.14 RCW relating to the preservation and disposition of public records; chapters 42.20 and
42.23 RCW relating to ethics and conflicts of interest; chapters 42.30 and 42.32 RCW relating to open public meetings
and minutes; RCW 35.22.288, 35.23.221, 35.27.300,
35A.12.160, as appropriate, and chapter 35A.65 RCW relating to the publication of notices and ordinances; RCW
35.21.875 and 35A.21.230 relating to the designation of an
official newspaper; RCW 36.16.138 relating to liability
insurance; RCW 35.22.620, 35.23.352, and 35A.40.210, as
appropriate, and statutes referenced therein relating to public
contracts and bidding; and chapter 39.34 RCW relating to
interlocal cooperation. Tax anticipation or revenue anticipation notes or warrants and other short-term obligations may
35.02.130
(2008 Ed.)
35.02.130
be issued and funds may be borrowed on the security of these
instruments during this interim period, as provided in chapter
39.50 RCW. Funds also may be borrowed from federal,
state, and other governmental agencies in the same manner as
if the city or town were officially incorporated.
RCW 84.52.020 and 84.52.070 shall apply to the extent
that they may be applicable, and the governing body of such
city or town may take appropriate action by ordinance during
the interim period to adopt the property tax levy for its first
full calendar year following the interim period.
The governing body of the new city or town may acquire
needed facilities, supplies, equipment, insurance, and staff
during this interim period as if the city or town were in existence. An interim city manager or administrator, who shall
have such administrative powers and duties as are delegated
by the governing body, may be appointed to serve only until
the official date of incorporation. After the official date of
incorporation the governing body of such a new city organized under the council manager form of government may
extend the appointment of such an interim manager or administrator with such limited powers as the governing body
determines, for up to ninety days. This governing body may
submit ballot propositions to the voters of the city or town to
authorize taxes to be collected on or after the official date of
incorporation, or authorize an annexation of the city or town
by a fire protection district or library district to be effective
immediately upon the effective date of the incorporation as a
city or town.
The boundaries of a newly incorporated city or town
shall be deemed to be established for purposes of RCW
84.09.030 on the date that the results of the initial election on
the question of incorporation are certified or the first day of
January following the date of this election if the newly incorporated city or town does not impose property taxes in the
same year that the voters approve the incorporation.
The newly elected officials shall take office immediately
upon their election and qualification with limited powers during this interim period as provided in this section. They shall
acquire their full powers as of the official date of incorporation and shall continue in office until their successors are
elected and qualified at the next general municipal election
after the official date of incorporation: PROVIDED, That if
the date of the next general municipal election is less than
twelve months after the date of the first election of councilmembers, those initially elected councilmembers shall
serve until their successors are elected and qualified at the
next following general municipal election as provided in
RCW 29A.20.040. For purposes of this section, the general
municipal election shall be the date on which city and town
general elections are held throughout the state of Washington, pursuant to RCW 29A.04.330.
In any newly incorporated city that has adopted the
council-manager form of government, the term of office of
the mayor, during the interim period only, shall be set by the
council, and thereafter shall be as provided by law.
The official date of incorporation shall be on a date from
one hundred eighty to three hundred sixty days after the date
of the election on the question of incorporation, as specified
in a resolution adopted by the governing body during this
interim period. A copy of the resolution shall be filed with
the county legislative authority of the county in which all or
[Title 35 RCW—page 11]
35.02.132
Title 35 RCW: Cities and Towns
the major portion of the newly incorporated city or town is
located. If the governing body fails to adopt such a resolution, the official date of incorporation shall be three hundred
sixty days after the date of the election on the question of
incorporation. The county legislative authority of the county
in which all or the major portion of the newly incorporated
city or town is located shall file a notice with the county
assessor that the city or town has been authorized to be incorporated immediately after the favorable results of the election
on the question of incorporation have been certified. The
county legislative authority shall file a notice with the secretary of state that the city or town is incorporated as of the official date of incorporation. [2005 c 274 § 263; 1997 c 361 §
11; 1994 c 154 § 308; 1991 c 360 § 3; 1986 c 234 § 16; 1965
c 7 § 35.02.130. Prior: 1953 c 219 § 7; 1890 p 133 § 3, part;
RRS § 8885, part.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Parts and captions not law—Effective date—Severability—1994 c
154: See RCW 42.52.902, 42.52.904, and 42.52.905.
Times for holding elections: RCW 29A.04.311 through 29A.04.330.
35.02.132 Newly incorporated city or town—Budgets. The newly elected officials shall adopt an interim budget for the interim period or until January 1 of the following
year, whichever occurs first. A second interim budget shall
be adopted for any period between January 1 and the official
date of incorporation. These interim budgets shall be adopted
in consultation with the state auditor.
The governing body shall adopt a budget for the newly
incorporated city or town for the period between the official
date of incorporation and January 1 of the following year.
The mayor or governing body, whichever is appropriate shall
prepare or the governing body may direct the interim city
manager to prepare a preliminary budget in detail to be made
public at least sixty days before the official date of incorporation as a recommendation for the final budget. The mayor,
governing body, or the interim city manager shall submit as a
part of the preliminary budget a budget message that contains
an explanation of the budget document, an outline of the recommended financial policies and programs of the city or
town for the ensuing fiscal year, and a statement of the relation of the recommended appropriation to such policies and
programs. Immediately following the release of the preliminary budget, the governing body shall cause to be published a
notice once each week for two consecutive weeks of a public
hearing to be held at least twenty days before the official date
of incorporation on the fixing of the final budget. Any taxpayer may appear and be heard for or against any part of the
budget. The governing body may make such adjustments and
changes as it deems necessary and may adopt the final budget
at the conclusion of the public hearing or at any time before
the official date of incorporation. [1995 c 301 § 33; 1991 c
360 § 4.]
the population estimate required by RCW 35.02.030, whichever is less.
The loan authorized by this section shall be repaid over a
three-year period. The state treasurer shall withhold moneys
from the funds otherwise payable to the city or town that has
obtained such a loan, either from the municipal sales and use
tax equalization account or from sales and use tax entitlements otherwise distributable to such city or town, so that the
account is fully reimbursed over the three-year period. The
state treasurer shall adopt by rule procedures to accomplish
the purpose of this section on a reasonable and equitable basis
over the three-year period. [1991 c 360 § 5.]
35.02.137 Newly incorporated city or town—Moratoria on development permits and approvals. During the
interim period, the governing body of the newly formed city
or town may adopt resolutions establishing moratoria during
the interim transition period on the filing of applications with
the county for development permits or approvals, including,
but not limited [to], subdivision approvals, short subdivision
approvals, and building permits. [1991 c 360 § 11.]
35.02.137
35.02.132
35.02.135 Newly incorporated city or town—May
borrow from municipal sales and use tax equalization
account. Upon the certification of election of officers, the
governing body may by resolution borrow money from the
municipal sales and use tax equalization account, up to one
hundred thousand dollars or five dollars per capita based on
35.02.135
[Title 35 RCW—page 12]
35.02.139 Newly incorporated city or town—First
general election of councilmembers or commissioners—
Initial, subsequent terms. An election shall be held to elect
city or town elected officials at the next municipal general
election occurring more than twelve months after the date of
the first election of councilmembers or commissioners. Candidates shall run for specific council or commission positions. The staggering of terms of members of the city or town
council shall be established at this election, where the simple
majority of the persons elected as councilmembers receiving
the greatest numbers of votes shall be elected to four-year
terms of office and the remainder of the persons elected as
councilmembers shall be elected to two-year terms of office.
Newly elected councilmembers or newly elected commissioners shall serve until their successors are elected and qualified. The terms of office of newly elected commissioners
shall not be staggered, as provided in chapter 35.17 RCW.
All councilmembers and commissioners who are elected subsequently shall be elected to four-year terms of office and
shall serve until their successors are elected and qualified and
assume office in accordance with *RCW 29.04.170. [1994 c
223 § 9.]
35.02.139
*Reviser’s note: RCW 29.04.170 was recodified as RCW 29A.20.040
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
35.02.140 Disposition of uncollected road district
taxes. Whenever in any territory forming a part of an incorporated city or town which is part of a road district, and road
district regular property taxes are collectable on any property
within such territory, the same shall, when collected by the
county treasurer, be paid to such city or town and placed in
the city or town street fund by the city or town; except that
road district taxes that are delinquent before the date of incorporation shall be paid to the county and placed in the county
road fund. This section shall not apply to excess property tax
levies securing general indebtedness or any special assessments due in behalf of such property. [2001 c 299 § 1; 1986
c 234 § 20; 1965 c 7 § 35.02.140. Prior: 1957 c 180 § 1.]
35.02.140
(2008 Ed.)
Incorporation Proceedings
County road districts: RCW 36.75.060.
35.02.150
35.02.150 Pending final disposition of petition no
other petition for incorporation to be acted upon—Withdrawal or substitution—Action on petition for annexation authorized. After the filing of any petition for incorporation with the county auditor, and pending its final disposition as provided for in this chapter, no other petition for
incorporation which embraces any of the territory included
therein shall be acted upon by the county auditor, the county
legislative authority, or the boundary review board, or by any
other public official or body that might otherwise be empowered to receive or act upon such a petition: PROVIDED, That
any petition for incorporation may be withdrawn by a majority of the signers thereof at any time before such petition has
been certified by the county auditor to the county legislative
authority: PROVIDED FURTHER, That a new petition may
be substituted therefor that embraces other or different
boundaries, incorporation as a city or town operating under a
different title of law, or for incorporation as a city or town
operating under a different plan or form of government, by a
majority of the signers of the original incorporation petition,
at any time before the original petition has been certified by
the county auditor to the county legislative authority, in
which case the same proceedings shall be taken as in the case
of an original petition. A boundary review board, county
auditor, county legislative authority, or any other public official or body may act upon a petition for annexation before
considering or acting upon a petition for incorporation which
embraces some or all of the same territory, without regard to
priority of filing. [1986 c 234 § 23; 1982 c 220 § 3; 1973 1st
ex.s. c 164 § 1; 1965 c 7 § 35.02.150. Prior: 1961 c 200 § 1.]
Severability—1982 c 220: See note following RCW 36.93.100.
35.02.155
35.02.155 Effect of proposed annexation on petition.
For a period of ninety days after a petition proposing the
incorporation of a city or town is filed with the county auditor, a petition or resolution proposing the annexation of any
portion of the territory included in the incorporation proposal
may be filed or adopted and the proposed annexation may
continue following the applicable statutory procedures. Territory that ultimately is annexed, as a result of the filing of such
an annexation petition or adoption of such an annexation resolution during this ninety-day period, shall be withdrawn
from the incorporation proposal.
A proposed annexation of a portion of the territory
included within the proposed incorporation, that is initiated
by the filing of an annexation petition or adoption of an
annexation resolution after this ninety-day period, shall be
held in abeyance and may not occur unless: (1) The boundary review board modifies the boundaries of the proposed
incorporation to remove the territory from the proposed
incorporation; (2) the boundary review board rejects the proposed incorporation and the proposed city or town has a population of less than seven thousand five hundred; or (3) voters
defeat the ballot proposition authorizing the proposed incorporation. [1994 c 216 § 5.]
Effective date—1994 c 216: See note following RCW 35.02.015.
(2008 Ed.)
35.02.160
35.02.160 Cancellation, acquisition of franchise or
permit for operation of public service business in territory incorporated—Regulation of solid waste collection.
The incorporation of any territory as a city or town shall cancel, as of the effective date of such incorporation, any franchise or permit theretofore granted to any person, firm or corporation by the state of Washington, or by the governing
body of such incorporated territory, authorizing or otherwise
permitting the operation of any public transportation, garbage
disposal or other similar public service business or facility
within the limits of the incorporated territory, but the holder
of any such franchise or permit canceled pursuant to this section shall be forthwith granted by the incorporating city or
town a franchise to continue such business within the incorporated territory for a term of not less than the remaining
term of the original franchise or permit, or not less than seven
years, whichever is the shorter period, and the incorporating
city or town, by franchise, permit or public operation, shall
not extend similar or competing services to the incorporated
territory except upon a proper showing of the inability or
refusal of such person, firm or corporation to adequately service said incorporated territory at a reasonable price: PROVIDED, That the provisions of this section shall not preclude
the purchase by the incorporating city or town of said franchise, business, or facilities at an agreed or negotiated price,
or from acquiring the same by condemnation upon payment
of damages, including a reasonable amount for the loss of the
franchise or permit. In the event that any person, firm or corporation whose franchise or permit has been canceled by the
terms of this section shall suffer any measurable damages as
a result of any incorporation pursuant to the provisions of
chapter 35.02 RCW, such person, firm or corporation shall
have a right of action against any city or town causing such
damages.
After the incorporation of any city or town, the utilities
and transportation commission shall continue to regulate
solid waste collection within the limits of the incorporated
city or town until such time as the city or town notifies the
commission, in writing, of its decision to contract for solid
waste collection or provide solid waste collection itself pursuant to RCW 81.77.020. In the event the incorporated city or
town at any time decides to contract for solid waste collection
or decides to undertake solid waste collection itself, the
holder of any such franchise or permit that is so canceled in
whole or in part shall be forthwith granted by the incorporated city or town a franchise to continue such business
within the incorporated territory for a term of not less than the
remaining term of the original franchise or permit, or not less
than seven years, whichever is the shorter period, and the
incorporated city or town, by franchise, permit, or public
operation, shall not extend similar or competing services to
the incorporated territory except upon a proper showing of
the inability or refusal of such person, firm, or corporation to
adequately service the incorporated territory at a reasonable
price. Upon the effective date specified by the city or town
council’s ordinance or resolution to have the city or town
contract for solid waste collection or undertake solid waste
collection itself, the transition period specified in this section
begins to run. This section does not preclude the purchase by
the incorporated city or town of the franchise, business, or
facilities at an agreed or negotiated price, or from acquiring
35.02.160
[Title 35 RCW—page 13]
35.02.170
Title 35 RCW: Cities and Towns
the same by condemnation upon payment of damages,
including a reasonable amount for the loss of the franchise or
permit. In the event that any person, firm, or corporation
whose franchise or permit has been canceled in whole or in
part by the terms of this section suffers any measurable damages as a result of any incorporation pursuant to this chapter,
such person, firm, or corporation has a right of action against
any city or town causing such damages. [1997 c 171 § 1;
1986 c 234 § 24; 1965 ex.s. c 42 § 1.]
Severability—1997 c 171: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1997 c 171 § 5.]
35.02.170 Use of right-of-way line as corporate
boundary—When right-of-way may be included. The
right-of-way line of any public street, road or highway, or any
segment thereof, may be used to define a part of a corporate
boundary in an incorporation proceeding. The boundaries of
a newly incorporated city or town shall not include a portion
of the right-of-way of any public street, road or highway
except where the boundary runs from one edge of the
right-of-way to the other edge of the right-of-way. [1989 c 84
§ 7; 1986 c 234 § 25; 1975 1st ex.s. c 220 § 2.]
35.02.170
Legislative finding, intent—1975 1st ex.s. c 220: "The legislature
finds that the use of centerlines of public streets, roads and highways as
boundaries of incorporated cities and towns has resulted in divided jurisdiction over such public ways causing inefficiencies and waste in their construction, improvement and maintenance and impairing effective traffic law
enforcement. It is the intent of this act to preclude the use of highway centerlines as corporate boundaries in the future and to encourage counties and cities and towns by agreement to revise existing highway centerline boundaries
to coincide with highway right-of-way lines." [1975 1st ex.s. c 220 § 1.]
Revision of corporate boundary by substituting right-of-way lines: RCW
35.21.790.
35.02.180 Ownership of county roads to revert to city
or town—Territory within city or town to be removed
from fire protection, road, and library districts. The ownership of all county roads located within the boundaries of a
newly incorporated city or town shall revert to the city or
town and become streets as of the official date of incorporation. However, any special assessments attributable to these
county roads shall continue to exist and be collected as if the
incorporation had not occurred. Property within the newly
incorporated city or town shall continue to be subject to any
indebtedness attributable to these roads and any related property tax levies.
The territory included within the newly incorporated city
or town shall be removed from the road district as of the official date of incorporation. The territory included within the
newly incorporated city or town shall be removed from a fire
protection district or districts or library district or districts in
which it was located, as of the official date of incorporation,
unless the fire protection district or districts have annexed the
city or town during the interim period as provided in *RCW
52.04.160 through 52.04.200, or the library district or districts have annexed the city or town during the interim period
as provided in **RCW 27.12.260 through 27.12.290. [1986
c 234 § 17.]
35.02.180
Reviser’s note: *(1) RCW 52.04.160 has been decodified and RCW
52.04.170 through 52.04.200 have been recodified as RCW 52.04.061
through 52.04.101, pursuant to 1984 c 230 § 89.
[Title 35 RCW—page 14]
**(2) The reference to "RCW 27.12.260 through 27.12.290" appears to
be erroneous. RCW 27.12.360 through 27.12.395 relates to annexation of a
city or town by a library district.
35.02.190 Annexation/incorporation of fire protection district—Transfer of assets when at least sixty percent of assessed valuation is annexed or incorporated in
city or town. If a portion of a fire protection district including at least sixty percent of the assessed valuation of the real
property of the district is annexed to or incorporated into a
city or town, ownership of all of the assets of the district shall
be vested in the city or town, or, if the city or town has been
annexed by another fire protection district, in the other fire
protection district, upon payment in cash, properties or contracts for fire protection services to the district within one
year of the date on which the city or town withdraws from the
fire protection district pursuant to RCW 52.04.161, of a percentage of the value of said assets equal to the percentage of
the value of the real property in entire district remaining outside the incorporated or annexed area. The fire protection district may elect, by a vote of a majority of the persons residing
outside the annexed or incorporated area who vote on the
proposition, to require the annexing or incorporating city or
town or fire protection district to assume responsibility for
the provision of fire protection, and for the operation and
maintenance of the district’s property, facilities, and equipment throughout the district and to pay the city or town or fire
protection district a reasonable fee for such fire protection,
operation, and maintenance. When at least sixty percent, but
less than one hundred percent, valuation of the real estate of
a district is annexed to or incorporated into a city or town, a
proportionate share of the liabilities of the district at the time
of such annexation or incorporation, equal to the percentage
of the total assessed valuation of the real estate of the district
that has been annexed or incorporated, shall be transferred to
the annexing or incorporating city or town.
If all of a fire protection district is included in an area
that incorporates as a city or town or is annexed to a city or
town or fire protection district, all of the assets and liabilities
of the fire protection district shall be transferred to the newly
incorporated city or town on the date on which the fire protection district ceases to provide fire protection services pursuant to RCW 52.04.161 or to the city or town or fire protection district upon the annexation. [1993 c 262 § 3; 1989 c 76
§ 2; 1986 c 234 § 18; 1981 c 332 § 5; 1965 c 7 § 35.13.247.
Prior: 1963 c 231 § 3. Formerly RCW 35.13.247.]
35.02.190
Severability—1981 c 332: See note following RCW 35.13.165.
35.02.200 Annexation/incorporation of fire protection district—Ownership of assets of fire protection district—When less than sixty percent. (1) If a portion of a
fire protection district including less than sixty percent of the
assessed value of the real property of the district is annexed to
or incorporated into a city or town, the ownership of all assets
of the district shall remain in the district and the district shall
pay to the city or town, or, if the city or town has been
annexed by another fire protection district, to the other fire
protection district within one year or within such period of
time as the district continues to collect taxes in such incorporated or annexed areas, in cash, properties or contracts for fire
protection services, a percentage of the value of said assets
35.02.200
(2008 Ed.)
Incorporation Proceedings
equal to the percentage of the value of the real property in the
entire district lying within the area so incorporated or
annexed: PROVIDED, That if the area annexed or incorporated includes less than five percent of the area of the district,
no payment shall be made to the city or town or fire protection district except as provided in RCW 35.02.205.
(2) As provided in RCW 35.02.210, the fire protection
district from which territory is removed as a result of an
incorporation or annexation shall provide fire protection to
the incorporated or annexed area for such period as the district continues to collect taxes levied in such annexed or
incorporated area.
(3) For the purposes of this section, the word "assets"
shall mean the total assets of the fire district, reduced by its
liabilities, including bonded indebtedness, the same to be
determined by usual and accepted accounting methods. The
amount of said liability shall be determined by reference to
the fire district’s balance sheet, produced in the regular
course of business, which is nearest in time to the certification of the annexation of fire district territory by the city or
town. [1997 c 245 § 2. Prior: 1989 c 267 § 1; 1989 c 76 § 3;
1986 c 234 § 19; 1967 c 146 § 1; 1965 c 7 § 35.13.248; prior:
1963 c 231 § 4. Formerly RCW 35.13.248.]
35.02.202
35.02.202 Annexation/incorporation of fire protection district—Delay of transfer. During the interim period,
the governing body of the newly formed city or town and the
board of fire commissioners may by written agreement delay
the transfer of the district’s assets and liabilities, and the
city’s or town’s responsibility for the provision of fire protection, that would otherwise occur under RCW 35.02.190 or
35.02.200 for up to one year after the official date of incorporation. During the one-year period, the fire protection district
may annex the city or town pursuant to chapter 52.04 RCW
and retain the responsibility for fire protection. [1991 c 360
§ 7.]
35.02.205
35.02.205 Annexation/incorporation of fire protection district—Distribution of assets of district when less
than five percent of district annexed—Distribution agreement—Arbitration. (1) A distribution of assets from the
fire protection district to the city or town shall occur as provided in this section upon the annexation or, in the case of an
incorporation, on the date on which the city or town withdraws from the fire protection district pursuant to RCW
52.04.161, of an area by the city or town that constitutes less
than five percent of the area of the fire protection district
upon the adoption of a resolution by the city or town finding
that the annexation or incorporation will impose a significant
increase in the fire suppression responsibilities of the city or
town with a corresponding reduction in fire suppression
responsibilities by the fire protection district. Such a resolution must be adopted within sixty days of the effective date of
the annexation, or within sixty days of the official date of
incorporation of the city. If the fire protection district does
not concur in the finding within sixty days of when a copy of
the resolution is submitted to the board of commissioners,
arbitration shall proceed under subsection (3) of this section
over this issue.
(2008 Ed.)
35.02.220
(2) An agreement on the distribution of assets from the
fire protection district to the city or town shall be entered into
by the city or town and the fire protection district within
ninety days of the concurrence by the fire protection district
under subsection (1) of this section, or within ninety days of
a decision by the arbitrators under subsection (3) of this section that a significant increase in the fire protection responsibilities will be imposed upon the city or town as a result of the
incorporation or annexation. A distribution shall be based
upon the extent of the increased fire suppression responsibilities with a corresponding reduction in fire suppression
responsibilities by the fire protection district, and shall consider the impact of any debt obligation that may exist on the
property that is so annexed or incorporated. If an agreement
is not entered into after this ninety-day period, arbitration
shall proceed under subsection (3) of this section concerning
this issue unless both parties have agreed to an extension of
this period.
(3) Arbitration shall proceed under this subsection over
the issue of whether a significant increase in the fire protection responsibilities will be imposed upon the city or town as
a result of the annexation or incorporation with a corresponding reduction in fire suppression responsibilities by the fire
protection district, or over the distribution of assets from the
fire protection district to the city or town if such a significant
increase in fire protection responsibilities will be imposed. A
board of arbitrators shall be established for an arbitration that
is required under this section. The board of arbitrators shall
consist of three persons, one of whom is appointed by the city
or town within sixty days of the date when arbitration is
required, one of whom is appointed by the fire protection district within sixty days of the date when arbitration is required,
and one of whom is appointed by agreement of the other two
arbitrators within thirty days of the appointment of the last of
these other two arbitrators who is so appointed. If the two are
unable to agree on the appointment of the third arbitrator
within this thirty-day period, then the third arbitrator shall be
appointed by a judge in the superior court of the county
within which all or the greatest portion of the area that was so
annexed or incorporated lies. The determination by the board
of arbitrators shall be binding on both the city or town and the
fire protection district. [1993 c 262 § 4; 1989 c 267 § 3.]
35.02.210
35.02.210 Fire protection district and library district—Continuation of services at option of city or town.
At the option of the governing body of a newly incorporated
city or town, any fire protection district or library district
serving any part of the area so incorporated shall continue to
provide services to such area until the city or town receives
its own property tax receipts. [1991 c 360 § 8; 1986 c 234 §
21; 1967 ex.s. c 119 § 35A.03.160. Formerly RCW
35A.03.160.]
35.02.220
35.02.220 Duty of county and road, library, and fire
districts to continue services during transition period—
Road maintenance and law enforcement services. The
approval of an incorporation by the voters of a proposed city
or town, and the existence of a transition period to become a
city or town, shall not remove the responsibility of any
county, road district, library district, or fire district, within
[Title 35 RCW—page 15]
35.02.225
Title 35 RCW: Cities and Towns
which the area is located, to continue providing services to
the area until the official date of the incorporation.
A county shall continue to provide the following services
to a newly incorporated city or town, or that portion of the
county within which the newly incorporated city or town is
located, at the preincorporation level as follows:
(1) Law enforcement services shall be provided for a
period not to exceed sixty days from the official date of the
incorporation or until the city or town is receiving or could
have begun receiving sales tax distributions under RCW
82.14.030(1), whichever is the shortest time period.
(2) Road maintenance shall be for a period not to exceed
sixty days from the official date of the incorporation or until
forty percent of the anticipated annual tax distribution from
the road district tax levy is made to the newly incorporated
city or town pursuant to RCW 35.02.140, whichever is the
shorter time period. [1991 c 360 § 9; 1986 c 234 § 22; 1985
c 143 § 1. Formerly RCW 35.21.763.]
35.02.225 County may contract to provide essential
services. It is the desire of the legislature that the citizens of
newly incorporated cities or towns receive uninterrupted and
adequate services in the period prior to the city or town government attaining the ability to provide such service levels. In
addition to the services provided under RCW 35.02.220, it is
the purpose of this section to permit the county or counties in
which a newly incorporated city or town is located to contract
with the newly incorporated city or town for the continuation
of essential services until the newly incorporated city or town
has attained the ability to provide such services at least at the
levels provided by the county before the incorporation. These
essential services may include but are not limited to, law
enforcement, road and street maintenance, drainage, and
other utility services previously provided by the county
before incorporation. The contract should be negotiated on
the basis of the county’s cost to provide services without consideration of capital assets which do not continue to be amortized for principal and interest or depreciated by the county.
The exception for not considering capital assets which are no
longer amortized for principal and interest or depreciated is
recognition of the preexisting financial investment of citizens
of the newly incorporated city or town have made in county
capital assets.
Nothing in this section limits the ability of the county
and the newly incorporated city or town to contract for higher
service levels or for other time periods than those imposed by
this section. [1985 c 332 § 7. Formerly RCW 35.21.764.]
35.02.225
35.02.230 Incorporation of city or town located in
more than one county—Powers and duties of county after
incorporation—Costs. After incorporation of a city or town
located in more than one county, all purposes essential to the
maintenance, operation, and administration of the city or
town whenever any action is required or may be performed
by the county, county legislative authority, or any county
officer or board, such action shall be performed by the
respective county, county legislative authority, officer, or
board of the county of that part of the city or town in which
the largest number of inhabitants reside as of the date of the
incorporation of the proposed city or town except as provided
35.02.230
[Title 35 RCW—page 16]
in RCW 35.02.240, and all costs incurred shall be borne proportionately by each county in that ratio which the number of
inhabitants residing in that part of each county forming a part
of the proposed city or town bears to the total number of
inhabitants residing within the whole of the city or town.
[1986 c 234 § 26; 1965 c 7 § 35.04.150. Prior: 1955 c 345 §
15. Formerly RCW 35.04.150.]
35.02.240
35.02.240 Incorporation of city or town located in
more than one county—Taxes—Powers and duties of
county after incorporation—Costs. In the case of evaluation, assessment, collection, apportionment, and any other
allied power or duty relating to taxes in connection with the
city or town, the action shall be performed by the county,
county legislative authority, or county officer or board of the
county for that area of the city or town which is located
within the respective county, and all materials, information,
and other data and all moneys collected shall be submitted to
the proper officer of the county of that part of the city or town
in which the largest number of inhabitants reside. Any power
which may be or duty which shall be performed in connection
therewith shall be performed by the county, county legislative authority, officer, or board receiving such as though only
a city or town in a single county were concerned. All moneys
collected from such area constituting a part of such city or
town that should be paid to such city or town shall be delivered to the treasurer thereof, and all other materials, information, or data relating to the city or town shall be submitted to
the appropriate city or town officials.
Any costs or expenses incurred under this section shall
be borne proportionately by each county involved. [1986 c
234 § 27; 1965 c 7 § 35.04.160. Prior: 1955 c 345 § 16. Formerly RCW 35.04.160.]
35.02.250
35.02.250 Corporate powers in dealings with federal
government. Any city or town incorporated as provided in
this chapter shall, in addition to all other powers, duties and
benefits of a city or town of the same type or class, be authorized to purchase, acquire, lease, or administer any property,
real or personal, or property rights and improvements thereon
owned by the federal government on such terms and conditions as may be mutually agreed upon, when authorized to do
so by the United States government, and thereafter to sell,
transfer, exchange, lease, or otherwise dispose of any such
property, and to execute contracts with the federal government with respect to supplying water and for other utility services. [1986 c 234 § 28; 1965 c 7 § 35.04.170. Prior: 1955 c
345 § 17. Formerly RCW 35.04.170.]
35.02.260
35.02.260 Duty of department of community, trade,
and economic development to assist newly incorporated
cities and towns. The department of community, trade, and
economic development shall identify federal, state, and local
agencies that should receive notification that a new city or
town is about to incorporate and shall assist newly formed
cities and towns during the interim period before the official
date of incorporation in providing such notification to the
identified agencies. [1995 c 399 § 34; 1991 c 360 § 6.]
(2008 Ed.)
Disincorporation
35.02.270 Other local governments and state agencies—May assist newly incorporated cities and towns.
Cities, towns, counties, and other local government agencies
and state agencies may make loans of staff and equipment,
and technical and financial assistance to the newly formed
city or town during the interim period to facilitate the transition to an incorporated city or town. Such loans and assistance may be without compensation. [1991 c 360 § 12.]
35.02.270
Chapter 35.06 RCW
ADVANCEMENT OF CLASSIFICATION
Chapter 35.06
Sections
35.06.010
35.06.070
35.06.080
Population requirements for advance in classification.
Procedure for advancement—Ballot proposition—Notification of secretary of state.
Election of new officers.
Municipal corporations classified: Chapter 35.01 RCW.
Population determinations: Chapter 43.62 RCW.
35.06.010 Population requirements for advance in
classification. A city or town which has at least ten thousand
inhabitants may become a first-class city by adopting a charter under Article XI, section 10, of the state Constitution in
chapter 35.22 RCW.
A town which has at least fifteen hundred inhabitants
may reorganize and advance its classification to become a
second-class city as provided in this chapter. [1994 c 81 § 7;
1965 c 7 § 35.06.010. Prior: 1955 c 319 § 6; prior: (i) 1907
c 248 § 1, part; 1890 p 140 § 12, part; RRS § 8933, part. (ii)
1890 p 141 § 14; RRS § 8936.]
35.06.010
35.06.070 Procedure for advancement—Ballot proposition—Notification of secretary of state. A ballot proposition authorizing an advancement in classification of a town
to a second-class city shall be submitted to the voters of the
town if either: (1) Petitions proposing the advancement are
submitted to the town clerk that have been signed by voters of
the town equal in number to at least ten percent of the voters
of the town voting at the last municipal general election; or
(2) the town council adopts a resolution proposing the
advancement. The clerk shall immediately forward the petitions to the county auditor who shall review the signatures
and certify the sufficiency of the petitions.
A ballot proposition authorizing an advancement shall
be submitted to the town voters at the next special election
date according to RCW 29A.04.330 if the county auditor certifies the petitions as having sufficient valid signatures. The
town shall be advanced to a second-class city if the ballot
proposition is approved by a simple majority vote, effective
when the corporation is actually reorganized and the new
officers are elected and qualified. The county auditor shall
notify the secretary of state if the advancement of a town to a
second-class city is approved. [2006 c 344 § 21; 1994 c 81 §
8; 1965 c 7 § 35.06.070. Prior: 1890 p 142 § 21; RRS §
8942.]
35.06.070
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
35.06.080 Election of new officers. The first election
of officers of the new corporation after the advancement of
35.06.080
(2008 Ed.)
Chapter 35.07
classification is approved shall be at the next general municipal election and the officers of the old corporation, as altered
by the election when the advancement was approved, shall
remain in office until the officers of the new corporation are
elected and qualified and assume office in accordance with
*RCW 29.04.170. A primary shall be held where necessary
to nominate candidates for the elected offices of the corporation as a second-class city. Candidates for city council positions shall run for specific council positions. The council of
the old corporation may adopt a resolution providing that the
offices of city attorney, clerk, and treasurer are appointive.
The three persons who are elected to council positions
one through six receiving the greatest number of votes shall
be elected to four-year terms of office and the other three persons who are elected to council positions one through six, and
the person elected to council position seven, shall be elected
to two-year terms of office. The person elected as mayor and
the persons elected to any other elected office shall be elected
to four-year terms of office. All successors to all elected positions, other than council position number seven, shall be
elected to four-year terms of office and successors to council
position number seven shall be elected to two-year terms of
office.
There shall be no election of town offices at this election
when the first officers of the new corporation are elected and
the offices of the town shall expire when the officers of the
new corporation assume office.
The ordinances, bylaws, and resolutions adopted by the
old corporation shall, as far as consistent with the provisions
of this title, continue in force until repealed by the council of
the new corporation.
The council and officers of the town shall, upon demand,
deliver to the proper officers of the new corporation all books
of record, documents, and papers in their possession belonging to the old corporation. [1994 c 81 § 9; 1965 c 106 § 1;
1965 c 7 § 35.06.080. Prior: 1890 p 143 § 22; RRS § 8942.]
*Reviser’s note: RCW 29.04.170 was recodified as RCW 29A.20.040
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Chapter 35.07
Chapter 35.07 RCW
DISINCORPORATION
Sections
35.07.001
35.07.010
35.07.020
35.07.040
35.07.050
35.07.060
35.07.070
35.07.080
35.07.090
35.07.100
35.07.110
35.07.120
35.07.130
35.07.140
35.07.150
35.07.160
35.07.170
35.07.180
35.07.190
35.07.200
35.07.210
35.07.220
35.07.225
35.07.230
Actions subject to review by boundary review board.
Authority for disincorporation.
Petition—Requisites.
Calling election—Receiver.
Notice of election.
Ballots.
Conduct of election.
Canvass of returns.
Effect of disincorporation—Powers—Officers.
Effect of disincorporation—Existing contracts.
Effect of disincorporation—Streets.
Receiver—Qualification—Bond.
Elected receiver—Failure to qualify—Court to appoint.
No receiver elected though indebtedness exists—Procedure.
Duties of receiver—Claims—Priority.
Receiver may sue and be sued.
Receiver—Power to sell property.
Receiver—Power to levy taxes.
Receiver’s compensation.
Receiver—Removal for cause.
Receiver—Successive appointments.
Receiver—Final account and discharge.
Applicability of general receivership law.
Involuntary dissolution of towns—Authorized.
[Title 35 RCW—page 17]
35.07.001
35.07.240
35.07.250
35.07.260
Title 35 RCW: Cities and Towns
Involuntary dissolution of towns—Notice of hearing.
Involuntary dissolution of towns—Hearing.
Involuntary dissolution of towns—Alternative forms of order.
Census to be made in decennial periods: State Constitution Art. 2 § 3.
Obligations of contract: State Constitution Art. 1 § 23.
35.07.080. Prior: 1933 c 128 § 1, part; 1897 c 69 § 6, part;
Rem. Supp. §8919, part.]
Canvassing returns, generally: Chapter 29A.60 RCW.
35.07.090 Effect of disincorporation—Powers—
Officers. Upon disincorporation of a city or town, its powers
and privileges as such, are surrendered to the state and it is
absolved from any further duty to the state or its own inhabitants and all the offices appertaining thereto shall cease to
exist immediately upon the entry of the result: PROVIDED,
That if a receiver is required, the officers shall continue in the
exercise of all their powers until a receiver has qualified as
such, and thereupon shall surrender to him all property,
money, vouchers, records and books of the city or town
including those in any manner pertaining to its business.
[1965 c 7 § 35.07.090. Prior: 1933 c 128 § 1, part; 1897 c 69
§ 6, part; RRS § 8919, part.]
35.07.090
Population determinations: Chapter 43.62 RCW.
35.07.001 Actions subject to review by boundary
review board. Actions taken under chapter 35.07 RCW may
be subject to potential review by a boundary review board
under chapter 36.93 RCW. [1989 c 84 § 26.]
35.07.001
35.07.010 Authority for disincorporation. Cities and
towns may disincorporate. [1994 c 81 § 10; 1965 c 7 §
35.07.010. Prior: 1897 c 69 § 1; RRS § 8914.]
35.07.010
35.07.020 Petition—Requisites. The petition for disincorporation must be signed by a majority of the registered
voters thereof and filed with the city or town council. [1965
c 7 § 35.07.020. Prior: 1897 c 69 § 2, part; RRS § 8915, part.]
35.07.020
35.07.040 Calling election—Receiver. The council
shall cause an election to be called upon the proposition of
disincorporation. If the city or town has any indebtedness or
outstanding liabilities, it shall order the election of a receiver
at the same time. [1997 c 361 § 4; 1965 c 7 § 35.07.040.
Prior: 1897 c 69 § 2, part; RRS § 8915, part.]
35.07.040
35.07.050 Notice of election. Notice of such election
shall be given as provided in *RCW 29.27.080. [1965 c 7 §
35.07.050. Prior: 1897 c 69 § 3; RRS § 8916.]
35.07.100 Effect of disincorporation—Existing contracts. Disincorporation shall not impair the obligation of
any contract. If any franchise lawfully granted has not
expired at the time of disincorporation, the disincorporation
does not impair any right thereunder and does not imply any
authority to interfere therewith to any greater extent than the
city or town might have, if it had remained incorporated.
[1965 c 7 § 35.07.100. Prior: 1897 c 69 § 18; RRS § 8931.]
35.07.100
Obligations of contract shall not be impaired: State Constitution Art. 1 § 23.
35.07.050
*Reviser’s note: RCW 29.27.080 was recodified as RCW 29A.52.350
pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29A.52.350 was
subsequently repealed by 2004 c 271 § 193. Later enactment of RCW
29A.52.350, see RCW 29A.52.351.
35.07.060 Ballots. The ballots for the election shall be
printed at the expense of the municipality and there shall be
printed thereon the words "for dissolution" in one line and the
words "against dissolution" in another line and in other and
separate lines, the names of each of the lawfully nominated
candidates for receiver. In all other respects the ballots shall
be in conformity with the law regulating elections in such cities and towns. [1965 c 7 § 35.07.060. Prior: 1897 c 69 § 4;
RRS § 8917.]
35.07.060
35.07.070 Conduct of election. The election shall be
conducted as other elections are required by law to be conducted in the city or town except as in this chapter otherwise
provided. [1965 c 7 § 35.07.070. Prior: 1897 c 69 § 5; RRS
§ 8918.]
35.07.070
Conduct of elections—Canvass: RCW 29A.60.010.
35.07.080 Canvass of returns. The result of the election, together with the ballots cast, shall be certified by the
canvassing authority to the council which shall meet within
one week thereafter and shall declare the result which shall be
made a matter of record in the journal of the council proceedings. If the vote "For dissolution" be a majority of the registered voters of such city or town voting at such election, such
corporation shall be deemed dissolved. [1965 c 7 §
35.07.080
[Title 35 RCW—page 18]
35.07.110 Effect of disincorporation—Streets. Upon
disincorporation of a city or town, its streets and highways
pass to the control of the state and shall remain public highways until closed in pursuance of law; and the territory
embraced therein shall be made into a new road district or
annexed to adjoining districts as may be ordered by the board
of county commissioners of the county embracing such city
or town. [1965 c 7 § 35.07.110. Prior: 1897 c 69 § 17; RRS
§ 8930.]
35.07.110
35.07.120 Receiver—Qualification—Bond. The
receiver must qualify within ten days after he has been
declared elected, by filing with the county auditor a bond
equal in penalty to the audited indebtedness and the established liabilities of the city or town with sureties approved by
the board of county commissioners, or if the board is not in
session, by the judge of the superior court of the county. The
bond shall run to the state and shall be conditioned for the
faithful performance of his duties as receiver and the prompt
payment in the order of their priority of all lawful claims
finally established as the funds come into his hands to discharge them. The bond shall be filed with the county auditor
and shall be a public record and shall be for the benefit of
every person who may be injured by the receiver’s failure to
discharge his duty. [1965 c 7 § 35.07.120. Prior: 1897 c 69
§ 7; RRS § 8920.]
35.07.120
35.07.130 Elected receiver—Failure to qualify—
Court to appoint. If the person elected receiver fails to qualify as such within the prescribed time, the council shall file in
the superior court of the county a petition setting forth the
fact of the election, its result and the failure of the person
35.07.130
(2008 Ed.)
Disincorporation
elected receiver to qualify within the prescribed time and
praying for the appointment of another person as receiver.
Notice of the filing of the petition and of the time fixed for
hearing thereon must be served upon the person elected
receiver at least three days before the time fixed for the hearing. If he cannot be found within the county, no notice need
be served, and the court may proceed with full jurisdiction to
determine the matter upon the hearing. Unless good cause to
the contrary is shown, the court shall appoint some suitable
person to act as receiver, who shall qualify as required by
RCW 35.07.120 within ten days from the date of his appointment.
If the council fails to procure the appointment of a
receiver, any person qualified to vote in the city or town may
file such a petition and make such application. [1965 c 7 §
35.07.130. Prior: 1897 c 69 § 8; RRS § 8921.]
35.07.140 No receiver elected though indebtedness
exists—Procedure. If no receiver is elected upon the supposition that no indebtedness existed and it transpires that the
municipality does have indebtedness or an outstanding liability, any interested person may file a petition in the superior
court asking for the appointment of a receiver, and unless the
indebtedness or liability is discharged, the court shall appoint
some suitable person to act as receiver who shall qualify as
required of any other receiver hereunder, within ten days
from the date of his appointment. [1965 c 7 § 35.07.140.
Prior: 1897 c 69 § 15; RRS § 8928.]
35.07.140
35.07.150 Duties of receiver—Claims—Priority. The
receiver, upon qualifying, shall take possession of all the
property, money, vouchers, records and books of the former
municipality including those in any manner pertaining to its
business and proceed to wind up its affairs. He shall have
authority to pay:
(1) All outstanding warrants and bonds in the order of
their maturity with due regard to the fund on which they are
properly a charge;
(2) All lawful claims against the corporation which have
been audited and allowed by the council;
(3) All lawful claims which may be presented to him
within the time limited by law for the presentation of such
claims, but no claim shall be allowed or paid which is not presented within six months from the date of the disincorporation election;
(4) All claims that by final adjudication may come to be
established as lawful claims against the corporation.
As between warrants, bonds and other claims, their priority shall be determined with regard to the fund on which
they are properly a charge. [1965 c 7 § 35.07.150. Prior:
1897 c 69 § 9; RRS § 8922.]
35.07.150
Accident claims, audits: Chapter 35.31 RCW, RCW 35.23.261.
35.07.160 Receiver may sue and be sued. The receiver
shall have the right to sue and be sued in all cases necessary
or proper for the purpose of winding up the affairs of the
former city or town and shall be subject to suit in all cases
wherein the city or town might have been sued, subject to the
limitations provided in this chapter. [1965 c 7 § 35.07.160.
Prior: 1897 c 69 § 12; RRS § 8925.]
35.07.160
(2008 Ed.)
35.07.220
35.07.170 Receiver—Power to sell property. The
receiver shall be authorized to sell at public auction after such
public notice as the sheriff is required to give of like property
sold on execution, all the property of the former municipality
except such as is necessary for his use in winding up its
affairs, and excepting also such as has been dedicated to public use.
Personal property shall be sold for cash.
Real property may be sold for all cash, or for one-half
cash and the remainder in deferred payments, the last payment not to be later than one year from date of sale. Title shall
not pass until all deferred payments have been fully paid.
[1965 c 7 § 35.07.170. Prior: 1897 c 69 § 10, part; RRS §
8923.]
35.07.170
35.07.180 Receiver—Power to levy taxes. In the same
manner and to the same extent as the proper authorities of the
former city or town could have done had it not been disincorporated, the receiver shall be authorized to levy taxes on all
taxable property, to receive the taxes when collected and to
apply them together with the proceeds arising from sales to
the extinguishment of the obligations of the former city or
town.
After all the lawful claims against the former city or
town have been paid excepting bonds not yet due, no levy
greater than fifty cents per thousand dollars of assessed value
shall be made; nor shall the levy be greater than sufficient to
meet the accruing interest until the bonds mature. [1973 1st
ex.s. c 195 § 11; 1965 c 7 § 35.07.180. Prior: 1897 c 69 § 10,
part; RRS § 8923, part.]
35.07.180
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
35.07.190 Receiver’s compensation. The receiver
shall be entitled to deduct from any funds coming into his
hands a commission of six percent on the first thousand dollars, five percent on the second thousand and four percent on
any amount over two thousand dollars as his full compensation exclusive of necessary traveling expenses and necessary
disbursements, but not exclusive of attorney’s fees. [1965 c
7 § 35.07.190. Prior: 1897 c 69 § 11; RRS § 8924.]
35.07.190
35.07.200 Receiver—Removal for cause. The receiver
shall proceed to wind up the affairs of the corporation with
diligence and for negligence or misconduct in the discharge
of his duties may be removed by the superior court upon a
proper showing made by a taxpayer of the former city or
town or by an unsatisfied creditor thereof. [1965 c 7 §
35.07.200. Prior: 1897 c 69 § 13, part; RRS § 8926, part.]
35.07.200
35.07.210 Receiver—Successive appointments. In the
case of removal, death, or resignation of a receiver, the court
may appoint a new receiver to take charge of the affairs of the
former city or town. [1965 c 7 § 35.07.210. Prior: 1897 c 69
§ 13, part; RRS § 8926, part.]
35.07.210
35.07.220 Receiver—Final account and discharge.
Upon the final payment of all lawful demands against the
former city or town, the receiver shall file a final account,
together with all vouchers, with the clerk of the superior
35.07.220
[Title 35 RCW—page 19]
35.07.225
Title 35 RCW: Cities and Towns
court. Any funds remaining in his hands shall be paid to the
county treasurer for the use of the school district in which the
former city or town was situated; and thereupon the receivership shall be at an end. [1965 c 7 § 35.07.220. Prior: 1897 c
69 § 14; RRS § 8927.]
35.07.225 Applicability of general receivership law.
The provisions of Title 7 RCW generally applicable to
receivers and receiverships do not apply to receivers elected
or appointed under this chapter. [2004 c 165 § 43.]
35.07.225
Purpose—Captions not law—2004 c 165: See notes following RCW
7.60.005.
35.07.230 Involuntary dissolution of towns—Authorized. If any town fails for two successive years to hold its
regular municipal election, or if the officers elected at the
regular election of any town fail for two successive years to
qualify and the government of the town ceases to function by
reason thereof, the state auditor may petition the superior
court of the county for an order, dissolving the town. In addition to stating the facts which would justify the entry of such
an order, the petition shall set forth a detailed statement of the
assets and liabilities of the town insofar as they can be ascertained. [1995 c 301 § 34; 1965 c 7 § 35.07.230. Prior: 1925
ex.s. c 76 § 1; RRS § 8931-1.]
35.07.230
35.07.240 Involuntary dissolution of towns—Notice
of hearing. Upon the filing of a petition for the involuntary
dissolution of a town, the superior court shall enter an order
fixing the time for hearing thereon at a date not less than
thirty days from date of filing. The state auditor shall give
notice of the hearing by publication in a newspaper of general
circulation in the county, once a week for three successive
weeks, and by posting in three public places in the town, stating therein the purpose of the petition and the date and place
of hearing thereon. [1985 c 469 § 18; 1965 c 7 § 35.07.240.
Prior: 1925 ex.s. c 76 § 2; RRS § 8931-2.]
35.07.240
35.07.250 Involuntary dissolution of towns—Hearing. Any person owning property in or qualified to vote in
the town may appear at the hearing and file written objections
to the granting of the petition. If the court finds that the town
has failed for two successive years to hold its regular municipal election or that its officers elected at a regular election
have failed to qualify for two successive years thereby causing the government of the town to cease to function, it shall
enter an order for disincorporation of the town. [1965 c 7 §
35.07.250. Prior: 1925 ex.s. c 76 § 3, part; RRS § 8931-3,
part.]
35.07.250
35.07.260 Involuntary dissolution of towns—Alternative forms of order. (1) If the court finds that the town has
no indebtedness and no assets, the order of dissolution shall
be effective forthwith.
(2) If the court finds that the town has assets, but no
indebtedness or liabilities, it shall order a sale of the assets
other than cash by the sheriff in the manner provided by law
for the sale of property on execution. The proceeds of the sale
together with any money on hand in the treasury of the town,
after deducting the costs of the proceeding and sale, shall be
35.07.260
[Title 35 RCW—page 20]
paid into the county treasury and placed to the credit of the
school district in which the town is located.
(3) If the court finds that the town has indebtedness or
liabilities and assets other than cash, it shall order the sale of
the assets as provided in subsection (2) hereof and that the
proceeds thereof and the cash on hand shall be applied to the
payment of the indebtedness and liabilities.
(4) If the court finds that the town has indebtedness or
liabilities, but no assets or that the assets are insufficient to
pay the indebtedness and liabilities, it shall order the board of
county commissioners to levy from year to year a tax on the
taxable property within the boundaries of the former town
until the indebtedness and liabilities are paid. All taxes delinquent at the date of dissolution when collected shall be
applied to the payment of the indebtedness and liabilities.
Any balance remaining from the collection of delinquent
taxes and taxes levied under order of the court, after payment
of the indebtedness and liabilities shall be placed to the credit
of the school district in which the town is located. [1965 c 7
§ 35.07.260. Prior: 1925 ex.s. c 76 § 3, part; RRS § 8931-3,
part.]
Chapter 35.10 RCW
CONSOLIDATION AND ANNEXATION OF
CITIES AND TOWNS
Chapter 35.10
Sections
35.10.001
35.10.203
35.10.207
35.10.217
35.10.240
35.10.265
35.10.300
35.10.310
35.10.315
35.10.317
35.10.320
35.10.331
35.10.350
35.10.360
35.10.365
35.10.370
35.10.400
35.10.410
35.10.420
35.10.430
35.10.440
35.10.450
35.10.460
35.10.470
35.10.480
35.10.490
35.10.500
35.10.510
35.10.520
35.10.530
35.10.540
Actions subject to review by boundary review board.
Purpose.
"City" defined.
Methods for annexation.
Annexation—Canvass of votes.
Annexation—When effective—Ordinance.
Disposition of property and assets following consolidation or
annexation.
Assets and liabilities of component cities—Taxation to pay
claims.
Adoption of final budget and levy of property taxes.
Receipt of state funds.
Continuation of ordinances.
Unassumed indebtedness.
Cancellation, acquisition of franchise or permit for operation
of public service business in territory annexed.
Annexation—Transfer of fire department employees.
Annexation—Transfer of fire department employees—Rights
and benefits.
Annexation—Transfer of fire department employees—
Notice—Time limitation.
Consolidation.
Consolidation—Submission of ballot proposal—Initiation by
resolution of legislative body.
Consolidation—Submission of ballot proposal—Initiation by
petition.
Consolidation—Form of government.
Consolidation—Assumption of general obligation indebtedness.
Consolidation—Public meetings on proposal—Role of boundary review board.
Consolidation—Ballot questions.
Consolidation—Canvass of votes.
Consolidation—Elections of officials—Effective date of consolidation.
Consolidation—Name of city.
Consolidation—Costs of election and public meetings.
Consolidation—Transfer of fire department employees.
Consolidation—Transfer of fire department employees—
Rights and benefits.
Consolidation—Transfer of fire department employees—
Notice—Time limitation.
Consolidation—Creation of community municipal corporation.
(2008 Ed.)
Consolidation and Annexation of Cities and Towns
35.10.550
35.10.900
35.10.905
Consolidation—Wards.
Severability—1969 ex.s. c 89.
Severability—1985 c 281.
Census to be conducted in decennial periods: State Constitution Art. 2 § 3.
Consolidation and annexation exempt from state environmental policy act:
RCW 43.21C.225.
Population determinations: Chapter 43.62 RCW.
Procedure to attack consolidation or annexation affecting a city of the second class: RCW 35.23.545.
35.10.001 Actions subject to review by boundary
review board. Actions taken under chapter 35.10 RCW may
be subject to potential review by a boundary review board
under chapter 36.93 RCW. [1989 c 84 § 27.]
35.10.001
35.10.203 Purpose. The purpose of this chapter is to
establish clear and uniform provisions of law governing the
consolidation of all types and classes of cities. [1985 c 281 §
1.]
35.10.203
35.10.207 "City" defined. As used in this chapter, the
term "city" means any city or town. [1985 c 281 § 2.]
35.10.207
35.10.217 Methods for annexation. The following
methods are available for the annexation of all or a part of a
city or town to another city or town:
(1) A petition for an election to vote upon the annexation, which proposed annexation is approved by the legislative body of the city or town from which the territory will be
taken, may be submitted to the legislative body of the city or
town to which annexation is proposed. An annexation under
this subsection shall otherwise conform with the requirements for and procedures of a petition and election method of
annexing unincorporated territory under chapter 35.13 RCW,
except for the requirement for the approval of the annexation
by the city or town from which the territory would be taken.
(2) The legislative body of a city or town may on its own
initiative by resolution indicate its desire to be annexed to a
city or town either in whole or in part, or the legislative body
of a city or town proposing to annex all or part of another city
or town may initiate the annexation by adopting a resolution
indicating that desire. In case such resolution is passed, such
resolution shall be transmitted to the other affected city or
town. The annexation is effective if the other city or town
adopts a resolution concurring in the annexation, unless the
owners of property in the area proposed to be annexed, equal
in value to sixty percent or more of the assessed valuation of
the property in the area, protest the proposed annexation in
writing to the legislative body of the city or town proposing
to annex the area, within thirty days of the adoption of the
second resolution accepting the annexation. Notices of the
public hearing at which the second resolution is adopted shall
be mailed to the owners of the property within the area proposed to be annexed in the same manner that notices of a
hearing on a proposed local improvement district are required
to be mailed by a city or town as provided in chapter 35.43
RCW. An annexation under this subsection shall be potentially subject to review by a boundary review board or other
annexation review board after the adoption of the initial resolution, and the second resolution may not be adopted until the
proposed annexation has been approved by the board.
35.10.217
(2008 Ed.)
35.10.265
(3) The owners of property located in a city or town may
petition for annexation to another city or town. An annexation under this subsection shall conform with the requirements for and procedures of a direct petition method of
annexing unincorporated territory, except that the legislative
body of the city or town from which the territory would be
taken must approve the annexation before it may proceed.
(4) All annexations under this section are subject to
potential review by the local boundary review board or
annexation review board. [1986 c 253 § 1; 1985 c 281 § 15;
1969 ex.s. c 89 § 4.]
35.10.240 Annexation—Canvass of votes. In all cases
of annexation, the county canvassing board or boards shall
canvass the votes cast thereat.
In an election on the question of the annexation of all or
a part of a city to another city, the votes cast in the city or portion thereof to be annexed shall be canvassed, and if a majority of the votes cast be in favor of annexation, the results shall
be included in a statement indicating the total number of
votes cast.
A proposition for the assumption of indebtedness outside
the constitutional and/or statutory limits by the other city or
cities in which the indebtedness did not originate shall be
deemed approved if a majority of at least three-fifths of the
voters of each city in which the indebtedness did not originate
votes in favor thereof, and the number of persons voting on
such proposition constitutes not less than forty percent of the
total number of votes cast in such cities in which indebtedness did not originate at the last preceding general election:
PROVIDED, HOWEVER, That if general obligation bond
indebtedness was incurred by action by the city legislative
body, a proposition for the assumption of such indebtedness
by the other city or cities in which such indebtedness did not
originate shall be deemed approved if a majority of the voters
of each city in which such indebtedness did not originate
votes in favor thereof.
A duly certified copy of such statement of an annexation
election shall be filed with the legislative body of each of the
cities affected and recorded upon its minutes, and it shall be
the duty of the clerk, or other officer performing the duties of
clerk, of each of such legislative bodies, to transmit to the
secretary of state and the office of financial management a
duly certified copy of the record of such statement. [1985 c
281 § 16; 1981 c 157 § 1; 1973 1st ex.s. c 195 § 12; 1969 ex.s.
c 89 § 7; 1967 c 73 § 17; 1965 c 7 § 35.10.240. Prior: 1929 c
64 § 5; RRS § 8909-5. Formerly RCW 35.10.070.]
35.10.240
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
Validating—1929 c 64: "That the attempted consolidation of two or
more contiguous municipal corporations pursuant to the provisions of either
chapter 167 of the Laws of 1927 or chapter 293 of the Laws of 1927 be, and
any such consolidation of any such cities or towns, is hereby in all respects
validated." [1929 c 64 § 16.]
Canvassing returns, generally: Chapter 29A.60 RCW.
Conduct of elections—Canvass: RCW 29A.60.010.
35.10.265 Annexation—When effective—Ordinance.
Immediately after the filing of the statement of an annexation
election, the legislative body of the annexing city may, if it
deems it wise or expedient, adopt an ordinance providing for
35.10.265
[Title 35 RCW—page 21]
35.10.300
Title 35 RCW: Cities and Towns
the annexation. Upon the date fixed in the ordinance of
annexation, the area annexed shall become a part of the
annexing city. The clerk of the annexing city shall transmit a
certified copy of this ordinance to the secretary of state and
the office of financial management. [1985 c 281 § 17; 1981
c 157 § 3; 1969 ex.s. c 89 § 10.]
35.10.300 Disposition of property and assets following consolidation or annexation. Upon the consolidation of
two or more cities, or the annexation of any city to another
city, as provided in this chapter, the title to all property and
assets owned by, or held in trust for, such former city shall
vest in such consolidated city, or annexing city, as the case
may be: PROVIDED, That if any such former city, shall be
indebted, the proceeds of the sale of any such property and
assets not required for the use of such consolidated city, or
annexing city, shall be applied to the payment of such indebtedness, if any exist at the time of such sale. [1985 c 281 § 18;
1969 ex.s. c 89 § 12; 1965 c 7 § 35.10.300. Prior: 1929 c 64
§ 11; RRS § 8909-11. Formerly RCW 35.10.100 and
35.11.080, part.]
35.10.300
35.10.310 Assets and liabilities of component cities—
Taxation to pay claims. Such consolidation, or annexation,
shall in no wise affect or impair the validity of claim or chose
in action existing in favor of or against, any such former city
so consolidated or annexed, or any proceeding pending in
relation thereto, but such consolidated or annexing city shall
collect such claims in favor of such former cities, and shall
apply the proceeds to the payment of any just claims against
them respectively, and shall when necessary levy and collect
taxes against the taxable property within any such former city
sufficient to pay all just claims against it. [1985 c 281 § 19;
1969 ex.s. c 89 § 13; 1965 c 7 § 35.10.310. Prior: 1929 c 64
§ 12; RRS § 8909-12. Formerly RCW 35.10.110, 35.10.130,
part, and 35.11.080, part.]
35.10.310
35.10.315 Adoption of final budget and levy of property taxes. Upon the consolidation of two or more cities, or
the annexation of any city after March 1st and prior to the
date of adopting the final budget and levying the property tax
dollar rate in that year for the next calendar year, the legislative body of the consolidated city or the annexing city is
authorized to adopt the final budget and to levy the property
tax dollar rate for the consolidated cities and any city
annexed. [1985 c 281 § 20; 1973 1st ex.s. c 195 § 13; 1969
ex.s. c 89 § 14.]
35.10.315
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
35.10.317 Receipt of state funds. Upon the consolidation of two or more cities, or the annexation of any city, the
consolidated or annexing city shall receive all state funds to
which the component cities would have been entitled to
receive during the year when such consolidation or annexation became effective. [1985 c 281 § 21; 1969 ex.s. c 89 §
15.]
35.10.317
35.10.320 Continuation of ordinances. All ordinances
in force within any such former city or cities, at the time of
35.10.320
[Title 35 RCW—page 22]
consolidation or annexation, not in conflict with the laws
governing the consolidated city, or with the ordinances of the
former city having the largest population, as shown by the
last determination of the office of financial management shall
remain in full force and effect until superseded or repealed by
the legislative body of the consolidated or annexing city, and
shall be enforced by such city, but all ordinances of such
former cities, in conflict with such ordinances shall be
deemed repealed by, and from and after, such consolidation
or annexation, but nothing in this section shall be construed
to discharge any person from any liability, civil or criminal,
for any violation of any ordinance of such former city or cities incurred prior to such consolidation or annexation. [1985
c 281 § 22; 1981 c 157 § 4; 1969 ex.s. c 89 § 16; 1965 c 7 §
35.10.320. Prior: 1929 c 64 § 13; RRS § 8909-13. Formerly
RCW 35.10.120 and 35.11.080, part.]
35.10.331 Unassumed indebtedness. Unless indebtedness approved by the voters, contracted, or incurred prior to
the date of consolidation or annexation as provided herein
has been assumed by the voters in the other city or cities in
which such indebtedness did not originate, such indebtedness
continues to be the obligation of the city in which it originated, and the legislative body of the consolidated or annexing city shall continue to levy the necessary taxes within the
former city that incurred this indebtedness to amortize such
indebtedness. [1985 c 281 § 23; 1969 ex.s. c 89 § 17.]
35.10.331
35.10.350 Cancellation, acquisition of franchise or
permit for operation of public service business in territory annexed. See RCW 35.13.280.
35.10.350
35.10.360 Annexation—Transfer of fire department
employees. Upon the annexation of two or more cities or
code cities, any employee of the fire department of the former
city or cities who (1) was at the time of annexation employed
exclusively or principally in performing the powers, duties,
and functions which are to be performed by the fire department of the annexed city or code city, as the case may be, (2)
will, as a direct consequence of annexation, be separated
from the employ of the former city, code city or town, and (3)
can perform the duties and meet the minimum requirements
of the position to be filled, then such employee may transfer
employment to the fire department of the annexing city, as
provided in this section and RCW 35.10.365 and 35.10.370.
For purposes of this section and RCW 35.10.365 and
35.10.370, employee means an individual whose employment has been terminated because of annexation by a city,
code city or town. [1986 c 254 § 4.]
35.10.360
35.10.365 Annexation—Transfer of fire department
employees—Rights and benefits. (1) An eligible employee
may transfer into the civil service system of the annexing
city, code city, or town by filing a written request with the
city, code city, or town civil service commission. Upon
receipt of such request by the civil service commission the
transfer of employment shall be made. The employee so
transferring will (a) be on probation for the same period as
are new employees in the position filled, but if the transferring employee has already completed a probationary period
35.10.365
(2008 Ed.)
Consolidation and Annexation of Cities and Towns
as a firefighter prior to the transfer, then the employee may
only be terminated during the probationary period for failure
to adequately perform assigned duties, not meeting the minimum qualifications of the position, or behavior that would
otherwise be subject to disciplinary action, (b) be eligible for
promotion no later than after completion of the probationary
period, (c) receive a salary at least equal to that of other new
employees in the position filled, and (d) in all other matters,
such as retirement, sick leave, and vacation, have, within the
city, code city, or town civil service system, all the rights,
benefits, and privileges to which he or she would have been
entitled as a member of the annexed city, code city, or town
fire department from the beginning of his or her employment
with the former city or code city fire department: PROVIDED, That for purposes of layoffs by the annexing city or
code city, only the time of service accrued with the annexing
city or code city shall apply unless an agreement is reached
between the collective bargaining representatives of the
employees of the annexing and annexed fire agencies and the
annexing and annexed fire agencies. A record of the
employee’s service with the former city or code city fire
department shall be transmitted to the applicable civil service
commission which shall be credited to such employee as a
part of the period of employment in the annexed city, code
city, or town fire department. All accrued benefits are transferable provided that the recipient agency provides comparable benefits. All benefits shall then accrue based on the combined seniority of each employee in the recipient agency.
(2) As many of the transferring employees shall be
placed upon the payroll of the annexing city, code city, or
town fire department as the department determines are
needed to provide services. These needed employees shall be
taken in order of seniority and the remaining employees who
transfer as provided in this section and RCW 35.10.360 and
35.10.370 shall head the list for employment in the civil service system in order of their seniority, to the end that they
shall be the first to be reemployed in the city, code city, or
town fire department when appropriate positions become
available: PROVIDED, That employees who are not immediately hired by the city, code city, or town shall be placed on
a reemployment list for a period not to exceed thirty-six
months unless a longer period is authorized by an agreement
reached between the collective bargaining representatives of
the employees of the annexing and annexed fire agencies and
the annexing and annexed fire agencies. [1994 c 73 § 1; 1986
c 254 § 5.]
Effective date—1994 c 73: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 23, 1994]." [1994 c 73 § 6.]
35.10.370
35.10.370 Annexation—Transfer of fire department
employees—Notice—Time limitation. If, as a result of
annexation of two or more cities, or code cities any employee
is laid off who is eligible to transfer to the city, code city or
town fire department under this section and RCW 35.10.360
and 35.10.365 the fire department shall notify the employee
of the right to transfer and the employee shall have ninety
days to transfer employment to the annexing city or code city
fire department. [1986 c 254 § 6.]
(2008 Ed.)
35.10.420
35.10.400 Consolidation. Two or more contiguous cities located in the same or different counties may consolidate
into one city by proceedings in conformity with the provisions of this chapter. When cities are separated by water
and/or tide or shore lands they shall be deemed contiguous
for all the purposes of this chapter and, upon a consolidation
of such cities under the provisions of this chapter, any such
intervening water and/or tide or shore lands shall become a
part of the consolidated city. The consolidated city shall
become a noncharter code city operating under Title 35A
RCW. [1985 c 281 § 3.]
35.10.400
35.10.410 Consolidation—Submission of ballot proposal—Initiation by resolution of legislative body. The
submission of a ballot proposal to the voters of two or more
contiguous cities for the consolidation of these contiguous
cities may be caused by the adoption of a joint resolution, by
a majority vote of each city legislative body, seeking consolidation of such contiguous cities. The joint resolution shall
provide for submission of the question to the voters at the
next general municipal election, if one is to be held more than
ninety days but not more than one hundred eighty days after
the passage of the joint resolution, or shall call for a special
election to be held for that purpose at the next special election
date, as specified in *RCW 29.13.020, that occurs ninety or
more days after the passage of the joint resolution. The legislative bodies of the cities also shall notify the county legislative authority of each county in which the cities are located of
the proposed consolidation. [1985 c 281 § 4.]
35.10.410
*Reviser’s note: RCW 29.13.020 was recodified as RCW 29A.04.330
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
35.10.420 Consolidation—Submission of ballot proposal—Initiation by petition. The submission of a ballot
proposal to the voters of two or more contiguous cities for the
consolidation of these contiguous cities may also be caused
by the filing of a petition with the legislative body of each
such city, signed by the voters of each city in number equal to
not less than ten percent of voters who voted in the city at the
last general municipal election therein, seeking consolidation
of such contiguous cities. A copy of the petition shall be forwarded immediately by each city to the auditor of the county
or counties within which that city is located.
The county auditor or auditors shall determine the sufficiency of the signatures in each petition within ten days of
receipt of the copies and immediately notify the cities proposed to be consolidated of the sufficiency. If each of the
petitions is found to have sufficient valid signatures, the auditor or auditors shall call a special election at which the question of whether such cities shall consolidate shall be submitted to the voters of each of such cities. If a general election is
to be held more than ninety days but not more than one hundred eighty days after the filing of the last petition, the question shall be submitted at that election. Otherwise the question shall be submitted at a special election to be called for
that purpose at the next special election date, as specified in
*RCW 29.13.020, that occurs ninety or more days after the
date when the last petition was filed.
If each of the petitions is found to have sufficient valid
signatures, the auditor or auditors also shall notify the county
35.10.420
[Title 35 RCW—page 23]
35.10.430
Title 35 RCW: Cities and Towns
legislative authority of each county in which the cities are
located of the proposed consolidation.
Petitions shall conform with the requirements for form
prescribed in RCW 35A.01.040, except different colored
paper may be used on petitions circulated in the different cities. A legal description of the cities need not be included in
the petitions. [1995 c 196 § 7; 1985 c 281 § 5.]
*Reviser’s note: RCW 29.13.020 was recodified as RCW 29A.04.330
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
35.10.430 Consolidation—Form of government. A
joint resolution or petition shall prescribe the form or plan of
government of the proposed consolidated city, or shall provide that a ballot proposition to determine the form or plan of
government shall be submitted to the voters of the cities proposed to be consolidated. The plans or forms of government
include: Mayor/council, council/manager, and commission.
If a commission form or plan of government is prescribed or
chosen by the voters, the commission shall be subject to
chapter 35.17 RCW and the noncharter code city shall be
assumed to have had a commission plan or form of government prior to its becoming a noncharter code city, as provided in RCW 35A.02.130. However, three commissioners
would be elected at the election provided in RCW 35.10.480.
[1985 c 281 § 6.]
35.10.430
35.10.440 Consolidation—Assumption of general
obligation indebtedness. A joint resolution or a petition
may contain a proposal that a general obligation indebtedness
of one or more of the cities proposed to be consolidated shall
be assumed by the proposed consolidated city, in which
event, the joint resolution or petition shall specify the
improvement or service for which such general obligation
indebtedness was incurred and state the amount of any such
indebtedness then outstanding and the rate of interest payable
thereon. [1985 c 281 § 7.]
35.10.440
35.10.450 Consolidation—Public meetings on proposal—Role of boundary review board. The county legislative authority, or the county legislative authorities jointly,
shall set the date, time, and place for one or more public
meetings on the proposed consolidation, and name a person
or persons to chair the meetings. There shall be at least one
public meeting in each county in which one or more of the
cities proposed to be consolidated is located. A county legislative authority may name the members of the boundary
review board, if one exists in the county, to chair one or more
of the public meetings held in that county. In addition to any
meeting held by the county, a boundary review board, if
requested by a majority of the county legislative authority,
may hold a public meeting on proposed consolidation of cities. The meeting shall be limited to receiving comments and
written materials from citizens and city officials on the proposed consolidation of that portion of cities located in the
county which the boundary review board serves. The record
and proceedings of the boundary review board are supplemental and advisory to the consolidation of cities. If a boundary review board meets pursuant to this section, the boundary
review board may include, as part of its record, comments
pertaining to the probable environmental impact of the pro35.10.450
[Title 35 RCW—page 24]
posed consolidation. The record of the meeting and advisory
comments of the board, if any, must be filed with the county
legislative authority no later than twenty days before the date
of the election at which the question of consolidating the cities is presented to the voters. The boundary review board
shall not have any authority or jurisdiction on city consolidations under chapter 36.93 RCW. A public meeting shall be
held at each specified date, time, and place. The public meetings of the county or the boundary review board shall be held
at least twenty but not more than forty-five days before the
date of the election at which the question of consolidating the
cities is presented to the voters.
At each public meeting, each city proposed to be consolidated shall present testimony and written materials concerning the following topics: (1) The rate or rates of property
taxes imposed by the city, and the purposes of these levies;
(2) the excise taxes imposed by the city, including the tax
bases and rates; and (3) the indebtedness of the city, including general indebtedness, both voter-approved and nonvoterapproved, as well as the city’s special indebtedness, such as
revenue bond indebtedness. Any interested person, including
the officials of the cities proposed to be consolidated, may
present information concerning the proposed consolidation
and testify for or against the proposed consolidations.
Notice of each public meeting shall be published by the
county within whose boundaries the public meeting is held in
the normal manner notices of county hearings are published.
[1985 c 281 § 8.]
35.10.460
35.10.460 Consolidation—Ballot questions. If a proposal for assumption of indebtedness is to be submitted to the
voters of a city in which the indebtedness did not originate,
the proposal shall be separately stated and the ballots shall
contain, as a separate proposition to be voted on, the words
"For Assumption of Indebtedness to be paid by the levy of
annual property taxes in excess of regular property taxes" and
"Against Assumption of Indebtedness to be paid by the levy
of annual property taxes in excess of regular property taxes"
or words equivalent thereto. If the question of the form or
plan of government is to be submitted to the voters, the question shall be separately stated and the ballots shall contain, as
a separate proposition to be voted on, the option of a voter to
select one of the three forms or plans of government. If the
question of the name of the proposed consolidated city is to
be submitted to the voters, the question shall be separately
stated and the ballots shall contain, as a separate proposition
to be voted on, the option of a voter to select one of the names
of the proposed consolidated city. [1995 c 196 § 1; 1985 c
281 § 9.]
35.10.470 Consolidation—Canvass of votes. The
county canvassing board in each county involved shall canvass the returns in each election. The votes cast in each of
such cities shall be canvassed separately, and the statement
shall show the whole number of votes cast, the number of
votes cast in each city for consolidation, and the number of
votes cast in each city against such consolidation. If a proposal for assumption or indebtedness was voted upon in a city
in which the indebtedness did not originate, the statement
shall show the number of votes cast in such a city for assump35.10.470
(2008 Ed.)
Consolidation and Annexation of Cities and Towns
tion of indebtedness and the number of votes cast against
assumption of indebtedness. If a question of the form or plan
of government was voted upon, the statement shall show the
number of votes cast in each city for each of the optional
forms or plans of government. If a name for the proposed
consolidated city was voted upon, the statement shall show
the number of votes cast in each city for each optional name.
A certified copy of such statement shall be filed with the legislative body of each of the cities proposed to be consolidated.
If it appears from such statement of canvass that a majority of the votes cast in each of the cities were in favor of consolidation, the consolidation shall be authorized and shall be
effective when the newly elected legislative body members
assume office, as provided in RCW 35.10.480.
If a question of the form or plan of government was
voted upon, that form or plan receiving the greatest combined
number of votes shall become the form or plan of government
for the consolidated city. If two or three of the forms or plans
of government received the same highest number of votes,
the form or plan of government shall be chosen by lot
between those receiving the same highest number, where the
mayor of the largest of the cities proposed to be consolidated
draws the lot at a public meeting.
If a proposition to assume indebtedness was submitted to
voters of a city in which the indebtedness did not originate,
the proposition shall be deemed approved if approved by a
majority of at least three-fifths of the voters of the city, and
the number of persons voting on the proposition constitutes
not less than forty percent of the number of votes cast in the
city at the last preceding general election. Approval of the
proposition authorizes annual property taxes to be levied on
the property within the city in which the indebtedness did not
originate that are in excess of regular property taxes. However, if the general indebtedness in question was incurred by
action of a city legislative body, a proposition for assuming
the indebtedness need only be approved by a simple majority
vote of the voters of the city in which such indebtedness did
not originate.
If a question of the name of the proposed consolidated
city was voted upon, that name receiving the greatest combined number of votes shall become the name of the consolidated city. If two proposed names receive the same number
of votes, the name shall be chosen by lot, where the mayor of
the largest of the cities proposed to be consolidated draws the
lot at a public meeting. [1995 c 196 § 2; 1985 c 281 § 10.]
35.10.480 Consolidation—Elections of officials—
Effective date of consolidation. If the voters of each of the
cities proposed to consolidate approve the consolidation,
elections to nominate and elect the elected officials of the
consolidated city shall be held at times specified in RCW
35A.02.050. If the joint resolution or the petitions prescribe
that councilmembers of the consolidated city shall be elected
from wards, then the councilmembers shall be elected from
wards under RCW 35A.12.180. Terms shall be established as
if the city is initially incorporating.
The newly elected officials shall take office immediately
upon their qualification. The effective date of the consolidation shall be when a majority of the newly elected members
of the legislative body assume office. The clerk of the newly
35.10.480
(2008 Ed.)
35.10.510
consolidated city shall transmit a duly certified copy of an
abstract of the votes to authorize the consolidation and of the
election of the newly elected city officials to the secretary of
state and the office of financial management. [1995 c 196 §
3; 1985 c 281 § 11.]
35.10.490 Consolidation—Name of city. A joint resolution or the petitions may prescribe the name of the proposed
consolidated city or may provide that a ballot proposition to
determine the name of the proposed consolidated city be submitted to the voters of the cities proposed to be consolidated.
If two alternative names are submitted, the name receiving
the simple majority vote of the voters voting on the question
shall become the name of the consolidated city. If the name
for the proposed consolidated city is not prescribed by the
joint resolution or petition, or a proposition on the name is not
submitted to the voters of the cities proposed to be consolidated, then the newly consolidated city shall be known as the
city of . . . . . . (listing the names of the cities that were consolidated in alphabetical order). The legislative body of the
newly consolidated city may present another name or two
names for the newly consolidated city to the city voters for
their approval or rejection at the next municipal general election held after the effective date of the consolidation. If only
one alternative name is submitted, this alternative name shall
become the name of the consolidated city if approved by a
simple majority vote of the voters voting on the question. If
two alternative names are submitted, the name receiving the
simple majority vote of the voters voting on the question shall
become the name of the consolidated city. [1995 c 196 § 4;
1985 c 281 § 12.]
35.10.490
35.10.500 Consolidation—Costs of election and public meetings. If consolidation is authorized, the costs of such
election and the public meetings shall be borne by the city
formed by such consolidation. If the consolidation is not
authorized, the costs of election and the public meetings shall
be borne proportionately by each city affected, in that ratio in
which the number of inhabitants residing in the total area in
which the election was held, as shown by the figures released
at the most recent state or federal census or by a determination of the office of financial management. [1985 c 281 §
13.]
35.10.500
35.10.510 Consolidation—Transfer of fire department employees. Upon the consolidation of two or more cities or code cities, any employee of the fire department of the
former city or cities who (1) was at the time of consolidation
employed exclusively or principally in performing the powers, duties, and functions which are to be performed by the
fire department of the consolidated city or code city, as the
case may be, (2) will, as a direct consequence of consolidation, be separated from the employ of the former city, code
city or town, and (3) can perform the duties and meet the minimum requirements of the position to be filled, then such
employee may transfer employment to the fire department of
the consolidated city, as provided in this section and RCW
35.10.520 and 35.10.530.
For purposes of this section and RCW 35.10.520 and
35.10.530, employee means an individual whose employ35.10.510
[Title 35 RCW—page 25]
35.10.520
Title 35 RCW: Cities and Towns
ment has been terminated because of a consolidation of two
or more cities, code cities or towns. [1986 c 254 § 1.]
Effective date—Legislative study—1986 c 254 §§ 1-3: "Sections 1
through 3 of this act shall take effect July 1, 1987. The appropriate committees of the senate and house of representatives shall conduct a study of the
transfer rights of employees during the consolidation of cities and code cities
and make recommendations to the legislature at the start of the 1987 legislative session." [1986 c 254 § 16.]
35.10.520
35.10.520 Consolidation—Transfer of fire department employees—Rights and benefits. (1) An eligible
employee may transfer into the civil service system of the
consolidated city or code city by filing a written request with
the civil service commission of the consolidated city. Upon
receipt of such request by the civil service commission the
transfer of employment shall be made. The employee so
transferring will (a) be on probation for the same period as
are new employees in the position filled, but if the transferring employee has already completed a probationary period
as a firefighter prior to the transfer, then the employee may
only be terminated during the probationary period for failure
to adequately perform assigned duties, not meeting the minimum qualifications of the position, or behavior that would
otherwise be subject to disciplinary action, (b) be eligible for
promotion no later than after completion of the probationary
period, (c) receive a salary at least equal to that of other new
employees in the position filled, and (d) in all other matters,
such as retirement, sick leave, and vacation, have, within the
city or code city civil service system, all the rights, benefits,
and privileges to which he or she would have been entitled as
a member of the consolidated city fire department from the
beginning of his or her employment with the former city or
code city fire department: PROVIDED, That for purposes of
layoffs by the consolidated city or code city, only the time of
service accrued with the consolidated city or code city shall
apply unless an agreement is reached between the collective
bargaining representatives of the employees of the consolidating fire agencies and consolidated agencies and the consolidating and consolidated fire agencies. A record of the
employee’s service with the former city or code city fire
department shall be transmitted to the applicable civil service
commission and shall be credited to such employee as a part
of the period of employment in the consolidated city fire
department. All accrued benefits are transferable provided
that the recipient agency provides comparable benefits. All
benefits shall then accrue based on the combined seniority of
each employee in the recipient agency.
(2) As many of the transferring employees shall be
placed upon the payroll of the consolidated city or code city
fire department as the department determines are needed to
provide services. These needed employees shall be taken in
order of greatest seniority from any of the seniority lists of
the consolidating city or code city and the remaining employees who transfer as provided in this section and RCW
35.10.510 and 35.10.530 shall head the list for employment
in the civil service system in order of their seniority, to the
end that they shall be the first to be reemployed in the fire
department when appropriate positions become available:
PROVIDED, That employees who are not immediately hired
by the city, code city, or town shall be placed on a reemployment list for a period not to exceed thirty-six months unless a
[Title 35 RCW—page 26]
longer period is authorized by an agreement reached between
the collective bargaining representatives of the employees of
the consolidating fire agencies and consolidated fire agency
and the consolidating and consolidated fire agencies.
(3) The consolidated city or code city shall retain the
right to select the fire chief and assistant fire chiefs regardless
of seniority. [1994 c 73 § 2; 1986 c 254 § 2.]
Effective date—1994 c 73: See note following RCW 35.10.365.
Effective date—Legislative study—1986 c 254 §§ 1-3: See note following RCW 35.10.510.
35.10.530 Consolidation—Transfer of fire department employees—Notice—Time limitation. If, as a result
of consolidation of two or more cities, or code cities, any
employee is laid off who is eligible to transfer to the city fire
department pursuant to this section and RCW 35.10.510 and
35.10.520, the city fire department shall notify the employee
of the right to so transfer and the employee shall have ninety
days to transfer employment to the consolidating city, or code
city fire department. [1986 c 254 § 3.]
35.10.530
Effective date—Legislative study—1986 c 254 §§ 1-3: See note following RCW 35.10.510.
35.10.540 Consolidation—Creation of community
municipal corporation. Voters of one or more of the cities
that are proposed to be consolidated may have a ballot proposition submitted to them authorizing the simultaneous creation of a community municipal corporation and election of
community council members as provided for under chapter
35.14 RCW. The joint resolution that initiates a consolidation
under RCW 35.10.410 may provide for the question of
whether a community municipal corporation shall be created
to be submitted to the voters of one or more of the cities that
are proposed to be consolidated as a separate ballot measure
from the ballot measure authorizing the consolidation or as
part of the same ballot measure authorizing the consolidation.
The petitions that are signed by the voters of each of the cities
that are proposed to be consolidated under RCW 35.10.420
may provide for the question of whether to create a community municipal corporation to be submitted to the voters of
that city as a separate ballot measure from the ballot measure
authorizing the consolidation or as part of the same ballot
measure authorizing the consolidation.
The ballots shall contain the words "For consolidation
and creation of community municipal corporation" and
"Against consolidation and creation of community municipal
corporation," or "For creation of community municipal corporation" and "Against creation of community municipal corporation," as the case may be. Approval of either optional
ballot proposition shall be by simple majority vote of the voters voting on the proposition, but the consolidation must be
authorized by the voters of each city proposed to be consolidated before a community municipal corporation is created.
[1993 c 75 § 2.]
35.10.540
35.10.550 Consolidation—Wards. Unless a commission form of government is prescribed or submitted to the
voters under RCW 35.10.430, a joint resolution or petition
may prescribe that wards be used to elect the councilmembers of the consolidated city. The joint resolution or petition
must contain a map of the proposed consolidated city that
35.10.550
(2008 Ed.)
Annexation of Unincorporated Areas
clearly delineates the boundaries of each ward. Each ward in
the proposed consolidated city shall contain approximately
the same population. To the greatest extent possible, the
integrity of the boundaries of the cities that are proposed to be
consolidated shall be respected when the wards are drawn so
that the territory within each city is: (1) Included within the
fewest number of wards, to the extent the city has a population that is greater than the maximum population established
for each ward; or (2) included wholly within one ward, to the
extent the city has a population that is equal to or less than the
maximum population established for each ward. After the
election specified in RCW 35.10.480, election wards may be
modified in the manner specified in RCW 35A.12.180.
[1995 c 196 § 6.]
35.13.165
35.10.900 Severability—1969 ex.s. c 89. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1969 ex.s. c 89 § 19.]
35.13.1822
35.10.905 Severability—1985 c 281. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 281 § 31.]
35.13.215
35.13.225
Chapter 35.13 RCW
ANNEXATION OF UNINCORPORATED AREAS
35.13.270
35.10.900
35.10.905
Chapter 35.13
Sections
35.13.001
35.13.005
35.13.010
35.13.015
35.13.020
35.13.030
35.13.040
35.13.050
35.13.060
35.13.070
35.13.080
35.13.090
35.13.095
35.13.100
35.13.110
35.13.120
35.13.125
35.13.130
35.13.140
35.13.150
35.13.160
(2008 Ed.)
Actions subject to review by boundary review board.
Annexations beyond urban growth areas prohibited.
Authority for annexation—Consent of county commissioners
for certain property.
Election method—Resolution for election—Contents of resolution.
Election method—Petition for election—Signers—Rate of
assessment in annexed area—Comprehensive plan—
Community municipal corporation—Filing and
approval—Costs.
Election method—Petition for election—Content.
Election method—Hearing—Notice.
Election method—Petition or resolution for election—Others
covering same area barred from consideration, withdrawal.
Election method—Fixing date of election.
Election method—Conduct of election.
Election method—Notice of election.
Election method—Vote required—Proposition for assumption of indebtedness—Certification.
Election method—Vote required for annexation with
assumption of indebtedness—Without assumption of
indebtedness.
Election method—Ordinances required upon voter
approval—Assumption of indebtedness.
Election method—Effective date of annexation or annexation
and comprehensive plan or annexation and creation of
community municipal corporation, taxation of area
annexed.
Election method is alternative.
Direct petition method—Commencement of proceedings—
Notice to legislative body—Meeting—Assumption of
indebtedness—Comprehensive plan.
Direct petition method—Petition—Signers—Content.
Direct petition method—Notice of hearing.
Direct petition method—Ordinance providing for annexation.
Direct petition method—Effective date of annexation or
annexation and comprehensive plan—Assessment, taxation of territory annexed.
35.13.170
35.13.171
35.13.172
35.13.173
35.13.174
35.13.176
35.13.177
35.13.178
35.13.180
35.13.182
35.13.1821
35.13.185
35.13.190
35.13.200
35.13.210
35.13.235
35.13.249
35.13.260
35.13.280
35.13.290
35.13.300
35.13.310
35.13.320
35.13.330
35.13.340
35.13.350
35.13.360
35.13.370
35.13.380
35.13.390
35.13.400
35.13.410
35.13.420
35.13.430
35.13.440
35.13.450
35.13.460
35.13.470
35.13.480
35.13.900
Chapter 35.13
Termination of annexation proceedings in cities over four
hundred thousand—Declarations of termination filed by
property owners.
Direct petition method is alternative.
Review board—Convening—Composition.
When review procedure may be dispensed with.
Determination by review board—Factors considered—Filing
of findings.
Date for annexation election if review board’s determination
favorable.
Territory subject to annexation proposal—When annexation
by another city or incorporation allowed.
Comprehensive land use plan for area to be annexed—Contents—Purpose.
Comprehensive land use plan for area to be annexed—Hearings on proposed plan—Notice—Filing.
Annexation for municipal purposes.
Annexation of unincorporated island of territory—Resolution—Notice of hearing.
Annexation of unincorporated island of territory—Referendum—Election.
Annexation of unincorporated island of territory—Notice,
hearing.
Annexation of federal areas by first-class city.
Annexation of federal areas by second-class cities and towns.
Annexation of federal areas by second-class cities and
towns—Annexation ordinance—Provisions.
Annexation of federal areas by second-class cities and
towns—Authority over annexed territory.
Annexation of fire districts—Transfer of employees.
Annexation of fire districts—Transfer of employees—Rights
and benefits.
Annexation of fire districts—Transfer of employees—
Notice—Time limitation.
Annexation of fire districts—Ownership of assets of fire protection district—Outstanding indebtedness not affected.
Determining population of annexed territory—Certificate—
As basis for allocation of state funds—Revised certificate.
Taxes collected in annexed territory—Notification of annexation.
Cancellation, acquisition of franchise or permit for operation
of public service business in territory annexed—Regulation of solid waste collection.
When right-of-way may be included—Use of right-of-way
line as corporate boundary.
Boundary line adjustment—Purpose—Definition.
Boundary line adjustment—Agreement—Not subject to
review.
Boundary line adjustment—When adjustment required—
Limitation—Not subject to review.
Boundary line adjustment—Agreement pending incorporation—Limitation—Not subject to review.
Boundary line adjustment—Inclusion or exclusion of
remaining portion of parcel—When subject to review—
Definition.
Providing annexation information to public.
Transfer of county sheriff’s employees—Purpose.
Transfer of county sheriff’s employees—When authorized.
Transfer of county sheriff’s employees—Conditions, limitations.
Transfer of county sheriff’s employees—Rules.
Transfer of county sheriff’s employees—Notification of right
to transfer—Time for filing transfer request.
Alternative direct petition method—Commencement of proceedings—Notice to legislative body—Meeting—
Assumption of indebtedness—Comprehensive plan.
Alternative direct petition method—Petition—Signers—
Content.
Alternative direct petition method—Notice of hearing.
Alternative direct petition method—Ordinance providing for
annexation.
Alternative direct petition method—Effective date of annexation and comprehensive plan—Assessment, taxation of
territory annexed.
Alternative direct petition method—Method is alternative.
Annexation of territory within urban growth areas—Interlocal agreement—Public hearing—Ordinance providing for
annexation.
Annexation of territory within urban growth areas—County
may initiate process with other cities or towns—Interlocal
agreement—Public hearing—Ordinance—Referendum—
Election, when necessary.
Application of chapter to annexations involving water or
sewer service.
[Title 35 RCW—page 27]
35.13.001
Title 35 RCW: Cities and Towns
Annexation of fire protection district territory: RCW 35.02.190 through
35.02.205.
Consolidation and annexation of cities and towns: Chapter 35.10 RCW.
Local governmental organizations, actions affecting boundaries, review by
boundary review board: Chapter 36.93 RCW.
Population determinations: Chapter 43.62 RCW.
Procedure to attack consolidation or annexation affecting a city of the second class: RCW 35.23.545.
Provisions relating to city annexation review boards not applicable where
boundary review board created: RCW 36.93.220.
35.13.001 Actions subject to review by boundary
review board. Actions taken under chapter 35.13 RCW may
be subject to potential review by a boundary review board
under chapter 36.93 RCW. [1989 c 84 § 28.]
35.13.001
35.13.005 Annexations beyond urban growth areas
prohibited. No city or town located in a county in which
urban growth areas have been designated under RCW
36.70A.110 may annex territory beyond an urban growth
area. [1990 1st ex.s. c 17 § 30.]
35.13.005
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
35.13.010 Authority for annexation—Consent of
county commissioners for certain property. Any portion
of a county not incorporated as part of a city or town but lying
contiguous thereto may become a part of the city or town by
annexation: PROVIDED, That property owned by a county,
and used for the purpose of an agricultural fair as provided in
chapter 15.76 RCW or chapter 36.37 RCW shall not be subject to annexation without the consent of the majority of the
board of county commissioners. An area proposed to be
annexed to a city or town shall be deemed contiguous thereto
even though separated by water or tide or shore lands on
which no bona fide residence is maintained by any person.
[1965 c 7 § 35.13.010. Prior: 1959 c 311 § 1; prior: (i) 1937
c 110 § 1; 1907 c 245 § 1; RRS § 8896. (ii) 1945 c 128 § 1;
Rem. Supp. 1945 § 8909-10.]
35.13.010
Validation—1961 ex.s. c 16: Validation of certain incorporations and
annexations—Municipal corporations of the fourth class: See note following RCW 35.21.010.
35.13.015 Election method—Resolution for election—Contents of resolution. In addition to the method
prescribed by RCW 35.13.020 for the commencement of
annexation proceedings, the legislative body of any city or
town may, whenever it shall determine by resolution that the
best interests and general welfare of such city or town would
be served by the annexation of unincorporated territory contiguous to such city or town, file a certified copy of the resolution with the board of county commissioners of the county
in which said territory is located. The resolution of the city or
town initiating such election shall, subject to RCW
35.02.170, describe the boundaries of the area to be annexed,
as nearly as may be state the number of voters residing
therein, pray for the calling of an election to be held among
the qualified voters therein upon the question of annexation,
and provide that said city or town will pay the cost of the
annexation election. The resolution may require that there
also be submitted to the electorate of the territory sought to be
35.13.015
[Title 35 RCW—page 28]
annexed a proposition that all property within the area
annexed shall, upon annexation, be assessed and taxed at the
same rate and on the same basis as the property of such
annexing city or town is assessed and taxed to pay for all or
any portion of the then outstanding indebtedness of the city or
town to which said area is annexed, approved by the voters,
contracted, or incurred prior to, or existing at, the date of
annexation. Whenever a city or town has prepared and filed a
comprehensive plan for the area to be annexed as provided
for in RCW 35.13.177 and 35.13.178, the resolution initiating the election may also provide for the simultaneous adoption of the comprehensive plan upon approval of annexation
by the electorate of the area to be annexed. The resolution initiating the election may also provide for the simultaneous
creation of a community municipal corporation and election
of community council members as provided for in RCW
35.14.010 through 35.14.060 upon approval of annexation by
the electorate of the area to be annexed. In cities under the
optional municipal code the resolution initiating the election
may also provide for the simultaneous inclusion of the
annexed area into a named existing community municipal
corporation. The proposition for the creation of a community
municipal corporation may be submitted as part of the annexation proposition or may be submitted as a separate proposition. The proposition for inclusion within a named existing
community municipal corporation shall be submitted as part
of the annexation proposition. [1975 1st ex.s. c 220 § 6; 1973
1st ex.s. c 164 § 2; 1970 ex.s. c 52 § 6; 1967 c 73 § 7; 1965
ex.s. c 88 § 3; 1965 c 7 § 35.13.015. Prior: 1961 c 282 § 1.]
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
Community municipal corporations: Chapter 35.14 RCW.
35.13.020 Election method—Petition for election—
Signers—Rate of assessment in annexed area—Comprehensive plan—Community municipal corporation—Filing and approval—Costs. A petition for an election to vote
upon the annexation of a portion of a county to a contiguous
city or town signed by qualified voters resident in the area
equal in number to twenty percent of the votes cast at the last
election may be filed in the office of the board of county commissioners: PROVIDED, That any such petition shall first be
submitted to the prosecuting attorney who shall, within
twenty-one days after submission, certify or refuse to certify
the petition as set forth in *RCW 35.13.025. If the prosecuting attorney certifies the petition, it shall be filed with the legislative body of the city or town to which the annexation is
proposed, and such legislative body shall, by resolution
entered within sixty days from the date of presentation, notify
the petitioners, either by mail or by publication in the same
manner notice of hearing is required by RCW 35.13.040 to be
published, of its approval or rejection of the proposed action.
The petition may also provide for the simultaneous creation
of a community municipal corporation and election of community council members as provided for in RCW 35.14.010
through 35.14.060. In approving the proposed action, the legislative body may require that there also be submitted to the
electorate of the territory to be annexed, a proposition that all
property within the area to be annexed shall, upon annexation
be assessed and taxed at the same rate and on the same basis
as the property of such annexing city or town is assessed and
35.13.020
(2008 Ed.)
Annexation of Unincorporated Areas
taxed to pay for all or any portion of the then outstanding
indebtedness of the city or town to which said area is
annexed, approved by the voters, contracted, or incurred prior
to, or existing at, the date of annexation. Only after the legislative body has completed preparation and filing of a comprehensive plan for the area to be annexed as provided for in
RCW 35.13.177 and 35.13.178, the legislative body in
approving the proposed action, may require that the comprehensive plan be simultaneously adopted upon approval of
annexation by the electorate of the area to be annexed. The
approval of the legislative body shall be a condition precedent to the filing of such petition with the board of county
commissioners as hereinafter provided. The costs of conducting such election shall be a charge against the city or town
concerned. The proposition or questions provided for in this
section may be submitted to the voters either separately or as
a single proposition. [1981 c 332 § 3; 1973 1st ex.s. c 164 §
3; 1967 c 73 § 8; 1965 ex.s. c 88 § 4; 1965 c 7 § 35.13.020.
Prior: 1961 c 282 § 7; prior: 1951 c 248 § 6; 1907 c 245 § 2,
part; RRS § 8897, part.]
*Reviser’s note: RCW 35.13.025 was repealed by 1989 c 351 § 10.
35.13.080
1965 c 7 § 35.13.040. Prior: 1961 c 282 § 9; prior: 1907 c
245 § 2, part; RRS § 8897, part.]
35.13.050 Election method—Petition or resolution
for election—Others covering same area barred from
consideration, withdrawal. After the filing with the board
of county commissioners of a petition or resolution pursuant
to RCW 35.13.015 to call an annexation election, pending the
hearing under the twenty percent annexation petition under
the election method and pending the election to be called
thereunder, the board of county commissioners shall not consider any other petition or resolution involving any portion of
the territory embraced therein: PROVIDED, That the petition or resolution may be withdrawn or a new petition or resolution embracing other or different boundaries substituted
therefor by a majority of the signers thereof, or in the case of
a resolution, by the legislative body of the city or town, and
the same proceeding shall be taken as in the case of an original petition or resolution. [1973 1st ex.s. c 164 § 5; 1965 c 7
§ 35.13.050. Prior: 1961 c 282 § 10; prior: 1907 c 245 § 2,
part; RRS § 8897, part.]
35.13.050
Severability—1981 c 332: See note following RCW 35.13.165.
35.13.060 Election method—Fixing date of election.
Upon granting the petition under the twenty percent annexation petition under the election method, and after the auditor
has certified the petition as being sufficient, the legislative
body of the city or town shall indicate to the county auditor its
preference for the date of the election on the annexation to be
held, which shall be one of the dates for special elections provided under *RCW 29.13.020 that is sixty or more days after
the date the preference is indicated. The county auditor shall
call the special election at the special election date indicated
by the city or town. [1989 c 351 § 2; 1973 1st ex.s. c 164 § 6;
1965 c 7 § 35.13.060. Prior: 1961 c 282 § 12; prior: 1907 c
245 § 3, part; RRS § 8898, part.]
35.13.060
35.13.030 Election method—Petition for election—
Content. A petition filed with the county commissioners to
call an annexation election shall, subject to RCW 35.02.170,
particularly describe the boundaries of the area proposed to
be annexed, state the number of voters residing therein as
nearly as may be, state the provisions, if any there be, relating
to assumption of debt by the owners of property of the area
proposed to be annexed, and/or the simultaneous adoption of
a comprehensive plan for the area proposed to be annexed,
and shall pray for the calling of an election to be held among
the qualified voters therein upon the question of annexation.
If the petition also provides for the creation of a community
municipal corporation and election of community council
members, the petition shall also describe the boundaries of
the proposed service area, state the number of voters residing
therein as nearly as may be, and pray for the election of community council members by the qualified voters residing in
the service area. [1975 1st ex.s. c 220 § 7; 1967 c 73 § 9;
1965 ex.s. c 88 § 5; 1965 c 7 § 35.13.030. Prior: 1961 c 282
§ 8; prior: 1907 c 245 § 2, part; RRS § 8897, part.]
35.13.030
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
35.13.040 Election method—Hearing—Notice. Upon
the filing of approval by the review board of a twenty percent
annexation petition under the election method to call an
annexation election, the board of county commissioners at its
next meeting shall fix a date for hearing thereon to be held not
less than two weeks nor more than four weeks thereafter, of
which hearing the petitioners must give notice by publication
once each week at least two weeks prior thereto in some
newspaper of general circulation in the area proposed to be
annexed. Upon the day fixed, the board shall hear the petition, and if it complies with the requirements of law and has
been approved by the review board, shall grant it. The hearing may be continued from time to time for an aggregate
period not exceeding two weeks. [1973 1st ex.s. c 164 § 4;
35.13.040
(2008 Ed.)
*Reviser’s note: RCW 29.13.020 was recodified as RCW 29A.04.330
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Election method, date for annexation election if review board’s determination favorable: RCW 35.13.174.
35.13.070 Election method—Conduct of election. An
annexation election shall be held in accordance with the general election laws of the state, and only registered voters who
have resided in the area proposed to be annexed for ninety
days immediately preceding the election shall be allowed to
vote therein. [1965 c 7 § 35.13.070. Prior: 1961 c 282 § 15;
prior: 1907 c 245 § 4, part; RRS § 8899, part.]
35.13.070
Conduct of elections: RCW 29A.60.010.
35.13.080 Election method—Notice of election.
Notice of an annexation election shall particularly describe
the boundaries of the area proposed to be annexed, describe
the boundaries of the proposed service area if the simultaneous creation of a community municipal corporation is provided for, state the objects of the election as prayed in the
petition or as stated in the resolution and require the voters to
cast ballots which shall contain the words "For annexation"
and "Against annexation" or words equivalent thereto, or
contain the words "For annexation and adoption of comprehensive plan" and "Against annexation and adoption of com35.13.080
[Title 35 RCW—page 29]
35.13.090
Title 35 RCW: Cities and Towns
prehensive plan" or words equivalent thereto in case the
simultaneous adoption of a comprehensive plan is proposed,
and, if appropriate, the words "For creation of community
municipal corporation" and "Against creation of community
municipal corporation" or words equivalent thereto, or contain the words "For annexation and creation of community
municipal corporation" and "Against annexation and creation
of community municipal corporation" or words equivalent
thereto in case the simultaneous creation of a community
municipal corporation is proposed, and which in case the
assumption of indebtedness is proposed, shall contain as a
separate proposition, the words "For assumption of indebtedness" and "Against assumption of indebtedness" or words
equivalent thereto and if only a portion of the indebtedness of
the annexing city or town is to be assumed, an appropriate
separate proposition for and against the assumption of such
portion of the indebtedness shall be submitted to the voters. If
the creation of a community municipal corporation and election of community council members is provided for, the
notice shall also require the voters within the service area to
cast ballots for candidates for positions on such council. The
notice shall be posted for at least two weeks prior to the date
of election in four public places within the area proposed to
be annexed and published in accordance with the notice
required by *RCW 29.27.080 prior to the date of election in a
newspaper of general circulation in the area proposed to be
annexed. [1973 1st ex.s. c 164 § 7; 1967 c 73 § 10; 1965 ex.s.
c 88 § 6; 1965 c 7 § 35.13.080. Prior: 1961 c 282 § 13; prior:
1907 c 245 § 3, part; RRS § 8898, part.]
*Reviser’s note: RCW 29.27.080 was recodified as RCW 29A.52.350
pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29A.52.350 was
subsequently repealed by 2004 c 271 § 193. Later enactment of RCW
29A.52.350, see RCW 29A.52.351.
35.13.090 Election method—Vote required—Proposition for assumption of indebtedness—Certification. (1)
The proposition for or against annexation or for or against
annexation and adoption of the comprehensive plan, or for or
against creation of a community municipal corporation, or
any combination thereof, as the case may be, shall be deemed
approved if a majority of the votes cast on that proposition
are cast in favor of annexation or in favor of annexation and
adoption of the comprehensive plan, or for creation of the
community municipal corporation, or any combination
thereof, as the case may be.
(2) If a proposition for or against assumption of all or any
portion of indebtedness was submitted to the registered voters, it shall be deemed approved if a majority of at least threefifths of the registered voters of the territory proposed to be
annexed voting on such proposition vote in favor thereof, and
the number of registered voters voting on such proposition
constitutes not less than forty percent of the total number of
votes cast in such territory at the last preceding general election.
(3) If either or both propositions were approved by the
registered voters, the county auditor shall on completion of
the canvassing of the returns transmit to the county legislative authority and to the clerk of the city or town to which
annexation is proposed a certificate of the election results,
together with a certified abstract of the vote showing the
whole number who voted at the election, the number of votes
35.13.090
[Title 35 RCW—page 30]
cast for annexation and the number cast against annexation or
for annexation and adoption of the comprehensive plan and
the number cast against annexation and adoption of the comprehensive plan or for creation of a community municipal
corporation and the number cast against creation of a community municipal corporation, or any combination thereof, as
the case may be.
(4) If a proposition for assumption of all or of any portion of indebtedness was submitted to the registered voters,
the abstract shall include the number of votes cast for
assumption of indebtedness and the number of votes cast
against assumption of indebtedness, together with a statement of the total number of votes cast in such territory at the
last preceding general election.
(5) If the proposition for creation of a community municipal corporation was submitted and approved, the abstract
shall include the number of votes cast for the candidates for
community council positions and certificates of election shall
be issued pursuant to *RCW 29.27.100 to the successful candidates who shall assume office as soon as qualified. [1996 c
286 § 1; 1973 1st ex.s. c 164 § 8; 1967 c 73 § 11; 1965 ex.s.
c 88 § 7; 1965 c 7 § 35.13.090. Prior: 1961 c 282 § 16; prior:
1907 c 245 § 4, part; RRS § 8899, part.]
*Reviser’s note: RCW 29.27.100 was recodified as RCW 29A.52.360
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
35.13.095 Election method—Vote required for
annexation with assumption of indebtedness—Without
assumption of indebtedness. A city or town may cause a
proposition authorizing an area to be annexed to the city or
town to be submitted to the qualified voters of the area proposed to be annexed in the same ballot proposition as the
question to authorize an assumption of indebtedness. If the
measures are combined, the annexation and the assumption
of indebtedness shall be authorized only if the proposition is
approved by at least three-fifths of the voters of the area proposed to be annexed voting on the proposition, and the number of persons voting on the proposition constitutes not less
than forty percent of the total number of votes cast in the area
at the last preceding general election.
However, the city or town council may adopt a resolution accepting the annexation, without the assumption of
indebtedness, where the combined ballot proposition is
approved by a simple majority vote of the voters voting on
the proposition. [1989 c 84 § 22.]
35.13.095
35.13.100 Election method—Ordinances required
upon voter approval—Assumption of indebtedness. If a
proposition relating to annexation or annexation and adoption
of the comprehensive plan or creation of a community
municipal corporation, or both, as the case may be was submitted to the voters and such proposition was approved, the
legislative body shall adopt an ordinance providing for the
annexation or adopt ordinances providing for the annexation
and adoption of the comprehensive plan, or adopt an ordinance providing for the annexation and creation of a community municipal corporation, as the case may be. If a proposition for annexation or annexation and adoption of the comprehensive plan or creation of a community municipal
corporation, as the case may be, and a proposition for
assumption of all or of any portion of indebtedness were both
35.13.100
(2008 Ed.)
Annexation of Unincorporated Areas
submitted, and were approved, the legislative body shall
adopt an ordinance providing for the annexation or annexation and adoption of the comprehensive plan or annexation
and creation of a community municipal corporation including
the assumption of all or of any portion of indebtedness. If the
propositions were submitted and only the annexation or
annexation and adoption of the comprehensive plan or annexation and creation of a community municipal corporation
proposition was approved, the legislative body may, if it
deems it wise or expedient, adopt an ordinance providing for
the annexation or adopt ordinances providing for the annexation and adoption of the comprehensive plan, or adopt ordinances providing for the annexation and creation of a community municipal corporation, as the case may be. [1996 c
286 § 2; 1973 1st ex.s. c 164 § 9; 1967 c 73 § 12; 1965 ex.s.
c 88 § 8; 1965 c 7 § 35.13.100. Prior: 1961 c 282 § 17; 1957
c 239 § 2; prior: 1907 c 245 § 5, part; RRS § 8900, part.]
35.13.110 Election method—Effective date of annexation or annexation and comprehensive plan or annexation and creation of community municipal corporation,
taxation of area annexed. Upon the date fixed in the ordinance of annexation, the area annexed shall become a part of
the city or town. Upon the date fixed in the ordinances of
annexation and adoption of the comprehensive plan, the area
annexed shall become a part of the city or town and property
in the annexed area shall be subject to and a part of the comprehensive plan, as prepared and filed as provided for in
RCW 35.13.177 and 35.13.178. Upon the date fixed in the
ordinances of annexation and creation of a community
municipal corporation, the area annexed shall become a part
of the city or town, the community municipal corporation
shall be deemed organized, and property in the service area
shall be deemed subject to the powers granted to such corporation as provided for in *this 1967 amendatory act. All property within the territory hereafter annexed shall, if the proposition approved by the people so provides after June 12, 1957,
be assessed and taxed at the same rate and on the same basis
as the property of such annexing city is assessed and taxed to
pay for all or any portion of the then outstanding indebtedness of the city or town to which said area is annexed,
approved by the voters, contracted, or incurred prior to, or
existing at, the date of annexation. [1973 1st ex.s. c 164 § 10;
1967 c 73 § 13; 1965 ex.s. c 88 § 9; 1965 c 7 § 35.13.110.
Prior: 1957 c 239 § 3; prior: 1907 c 245 § 5, part; RRS §
8900, part.]
35.13.110
*Reviser’s note: The language "this 1967 amendatory act" first
appeared in the amendment to this section by section 13, chapter 73, Laws of
1967. For the codification of chapter 73, Laws of 1967, see note following
RCW 35.14.010.
35.13.120 Election method is alternative. The method
of annexation provided for in RCW 35.13.020 to 35.13.110
shall be an alternative method, not superseding any other.
[1965 c 7 § 35.13.120. Prior: 1937 c 110 § 2; 1907 c 245 § 6;
RRS § 8901.]
35.13.120
35.13.125 Direct petition method—Commencement
of proceedings—Notice to legislative body—Meeting—
Assumption of indebtedness—Comprehensive plan. Proceedings for the annexation of territory pursuant to RCW
35.13.125
(2008 Ed.)
35.13.130
35.13.130, 35.13.140, 35.13.150, 35.13.160 and 35.13.170
shall be commenced as provided in this section. Prior to the
circulation of a petition for annexation, the initiating party or
parties who, except as provided in RCW 28A.335.110, shall
be either not less than ten percent of the residents of the area
to be annexed or the owners of not less than ten percent in
value, according to the assessed valuation for general taxation of the property for which annexation is petitioned, shall
notify the legislative body of the city or town in writing of
their intention to commence annexation proceedings. The
legislative body shall set a date, not later than sixty days after
the filing of the request, for a meeting with the initiating parties to determine whether the city or town will accept, reject,
or geographically modify the proposed annexation, whether
it shall require the simultaneous adoption of the comprehensive plan if such plan has been prepared and filed for the area
to be annexed as provided for in RCW 35.13.177 and
35.13.178, and whether it shall require the assumption of all
or of any portion of existing city or town indebtedness by the
area to be annexed. If the legislative body requires the
assumption of all or of any portion of indebtedness and/or the
adoption of a comprehensive plan, it shall record this action
in its minutes and the petition for annexation shall be so
drawn as to clearly indicate this fact. There shall be no appeal
from the decision of the legislative body. [1990 c 33 § 565;
1989 c 351 § 3; 1973 1st ex.s. c 164 § 11; 1971 c 69 § 1; 1965
ex.s. c 88 § 10; 1965 c 7 § 35.13.125. Prior: 1961 c 282 § 18.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1971 c 69: "If any provision of this 1971 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 c 69 § 5.]
35.13.130
35.13.130 Direct petition method—Petition—Signers—Content. A petition for annexation of an area contiguous to a city or town may be made in writing addressed to and
filed with the legislative body of the municipality to which
annexation is desired. Except where all the property sought to
be annexed is property of a school district, and the school
directors thereof file the petition for annexation as in RCW
28A.335.110 authorized, the petition must be signed by the
owners of not less than seventy-five percent in value according to the assessed valuation for general taxation of the property for which annexation is petitioned: PROVIDED, That in
cities and towns with populations greater than one hundred
sixty thousand located east of the Cascade mountains, the
owner of tax exempt property may sign an annexation petition and have the tax exempt property annexed into the city or
town, but the value of the tax exempt property shall not be
used in calculating the sufficiency of the required property
owner signatures unless only tax exempt property is proposed
to be annexed into the city or town. The petition shall set
forth a description of the property according to government
legal subdivisions or legal plats which is in compliance with
RCW 35.02.170, and shall be accompanied by a plat which
outlines the boundaries of the property sought to be annexed.
If the legislative body has required the assumption of all or of
any portion of city or town indebtedness by the area annexed,
and/or the adoption of a comprehensive plan for the area to be
annexed, these facts, together with a quotation of the minute
[Title 35 RCW—page 31]
35.13.140
Title 35 RCW: Cities and Towns
entry of such requirement or requirements shall be set forth in
the petition. [1990 c 33 § 566; 1981 c 66 § 1; 1975 1st ex.s.
c 220 § 8; 1973 1st ex.s. c 164 § 12; 1971 c 69 § 2; 1965 ex.s.
c 88 § 11; 1965 c 7 § 35.13.130. Prior: 1961 c 282 § 19; 1945
c 128 § 3; Rem. Supp. 1945 § 8908-12.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1981 c 66: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1981 c 66 § 2.]
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
Severability—1971 c 69: See note following RCW 35.13.125.
35.13.140 Direct petition method—Notice of hearing.
Whenever a petition for annexation is filed with the city or
town council, or commission in those cities having a commission form of government, which meets the requirements
herein specified, of which fact satisfactory proof may be
required by the council or commission, the council or commission may entertain the same, fix a date for a public hearing thereon and cause notice of the hearing to be published in
one issue of a newspaper of general circulation in the city or
town. The notice shall also be posted in three public places
within the territory proposed for annexation, and shall specify
the time and place of hearing and invite interested persons to
appear and voice approval or disapproval of the annexation.
The expense of publication and posting of the notice shall be
borne by the signers of the petition. [1965 c 7 § 35.13.140.
Prior: 1945 c 128 § 2; Rem. Supp. 1945 § 8908-11.] [SLCRO-8.]
35.13.140
35.13.150 Direct petition method—Ordinance providing for annexation. Following the hearing, the council or
commission shall determine by ordinance whether annexation shall be made. Subject to RCW 35.02.170, they may
annex all or any portion of the proposed area but may not
include in the annexation any property not described in the
petition. Upon passage of the ordinance a certified copy shall
be filed with the board of county commissioners of the
county in which the annexed property is located. [1975 1st
ex.s. c 220 § 9; 1965 c 7 § 35.13.150. Prior: 1957 c 239 § 5;
prior: 1945 c 128 § 4, part; Rem. Supp. 1945 § 8908-13,
part.]
35.13.150
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
35.13.160 Direct petition method—Effective date of
annexation or annexation and comprehensive plan—
Assessment, taxation of territory annexed. Upon the date
fixed in the ordinance of annexation the area annexed shall
become part of the city or town. All property within the territory hereafter annexed shall, if the annexation petition so provided, be assessed and taxed at the same rate and on the same
basis as the property of such annexing city or town is
assessed and taxed to pay for all or of any portion of the then
outstanding indebtedness of the city or town to which said
area is annexed, approved by the voters, contracted, or
incurred prior to, or existing at, the date of annexation. If the
annexation petition so provided, all property in the annexed
35.13.160
[Title 35 RCW—page 32]
area shall be subject to and a part of the comprehensive plan
as prepared and filed as provided for in RCW 35.13.177 and
35.13.178. [1973 1st ex.s. c 164 § 13; 1965 ex.s. c 88 § 12;
1965 c 7 § 35.13.160. Prior: 1961 c 282 § 20; 1957 c 239 §
6; prior: (i) 1945 c 128 § 4, part; Rem. Supp. 1945 § 890813, part. (ii) 1945 c 128 § 5; Rem. Supp. 1945 § 8908-14.]
35.13.165
35.13.165 Termination of annexation proceedings in
cities over four hundred thousand—Declarations of termination filed by property owners. At any time before the
date is set for an annexation election under RCW 35.13.060
or 35.13.174, all further proceedings to annex shall be terminated upon the filing of verified declarations of termination
signed by:
(1) Owners of real property consisting of at least sixty
percent of the assessed valuation in the area proposed to be
annexed; or
(2) Sixty percent of the owners of real property in the
area proposed to be annexed.
As used in this subsection, the term "owner" shall
include individuals and corporate owners. In determining
who is a real property owner for purposes of this section, all
owners of a single parcel shall be considered as one owner.
No owner may be entitled to sign more than one declaration
of termination.
Following the termination of such proceedings, no other
petition for annexation affecting any portion of the same
property may be considered by any government body for a
period of five years from the date of filing.
The provisions of this section shall apply only to cities
with a population greater than four hundred thousand. [1989
c 351 § 7; 1981 c 332 § 2.]
Severability—1981 c 332: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1981 c 332 § 11.]
35.13.170
35.13.170 Direct petition method is alternative. The
method of annexation provided for in RCW 35.13.130 to
35.13.160 shall be an alternative method, not superseding any
other. [1965 c 7 § 35.13.170. Prior: 1945 c 128 § 6; Rem.
Supp. 1945 § 8908-15.]
35.13.171
35.13.171 Review board—Convening—Composition. Within thirty days after the filing of a city’s or town’s
annexation resolution pursuant to RCW 35.13.015 with the
board of county commissioners or within thirty days after filing with the county commissioners a petition calling for an
election on annexation, as provided in RCW 35.13.020, or
within thirty days after approval by the legislative body of a
city or town of a petition of property owners calling for
annexation, as provided in RCW 35.13.130, the mayor of the
city or town concerned that is not subject to the jurisdiction of
a boundary review board under chapter 36.93 RCW, shall
convene a review board composed of the following persons:
(1) The mayor of the city or town initiating the annexation by resolution, or the mayor in the event of a twenty percent annexation petition pursuant to RCW 35.13.020, or an
alternate designated by the mayor;
(2008 Ed.)
Annexation of Unincorporated Areas
(2) The chairman of the board of county commissioners
of the county wherein the property to be annexed is situated,
or an alternate designated by him or her;
(3) The director of community, trade, and economic
development, or an alternate designated by the director;
Two additional members to be designated, one by the
mayor of the annexing city, which member shall be a resident
property owner of the city, and one by the chairman of the
county legislative authority, which member shall be a resident of and a property owner or a resident or a property owner
if there be no resident property owner in the area proposed to
be annexed, shall be added to the original membership and
the full board thereafter convened upon call of the mayor:
PROVIDED FURTHER, That three members of the board
shall constitute a quorum. [1995 c 399 § 35; 1985 c 6 § 2;
1973 1st ex.s. c 164 § 14; 1965 c 7 § 35.13.171. Prior: 1961
c 282 § 2.]
35.13.172 When review procedure may be dispensed
with. Whenever a petition is filed as provided in RCW
35.13.020 or a resolution is adopted by the city or town council, as provided in RCW 35.13.015, and the area proposed for
annexation is less than ten acres and less than eight hundred
thousand dollars in assessed valuation, such review procedures shall be dispensed with. [1981 c 260 § 6. Prior: 1973
1st ex.s. c 195 § 14; 1973 1st ex.s. c 164 § 15; 1965 c 7 §
35.13.172; prior: 1961 c 282 § 3.]
35.13.172
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
35.13.173 Determination by review board—Factors
considered—Filing of findings. The review board shall by
majority action, within three months, determine whether the
property proposed to be annexed is of such character that
such annexation would be in the public interest and for the
public welfare, and in the best interest of the city, county, and
other political subdivisions affected. The governing officials
of the city, county, and other political subdivisions of the
state shall assist the review board insofar as their offices can,
and all relevant information and records shall be furnished by
such offices to the review board. In making their determination the review board shall be guided, but not limited, by their
findings with respect to the following factors:
(1) The immediate and prospective populations of the
area to be annexed;
(2) The assessed valuation of the area to be annexed, and
its relationship to population;
(3) The history of and prospects for construction of
improvements in the area to be annexed;
(4) The needs and possibilities for geographical expansion of the city;
(5) The present and anticipated need for governmental
services in the area proposed to be annexed, including but not
limited to water supply, sewage and garbage disposal, zoning, streets and alleys, curbs, sidewalks, police and fire protection, playgrounds, parks, and other municipal services,
and transportation and drainage;
(6) The relative capabilities of the city, county, and other
political subdivisions to provide governmental services when
the need arises;
35.13.173
(2008 Ed.)
35.13.176
(7) The existence of special districts except school districts within the area proposed to be annexed, and the impact
of annexation upon such districts;
(8) The elimination of isolated unincorporated areas
existing without adequate economical governmental services;
(9) The immediate and potential revenues that would be
derived by the city as a result of annexation, and their relation
to the cost of providing service to the area.
Whether the review board determines for or against
annexation, its reasons therefor, along with its findings on the
specified factors and other material considerations shall:
(1) In the case of a petition signed by registered voters
calling for an election on annexation, be filed with the board
of county commissioners;
(2) In the case of a resolution of a city or town initiating
annexation proceedings pursuant to RCW 35.13.015, be filed
with the board of county commissioners.
Such findings need not include specific data on every
point listed, but shall indicate that all factors were considered.
A favorable determination by the review board is an
essential condition precedent to the annexation of territory to
a city or town under either the resolution method pursuant to
RCW 35.13.015, or under the twenty percent annexation petition under the election method. [1973 1st ex.s. c 164 § 16;
1965 c 7 § 35.13.173. Prior: 1961 c 282 § 4.]
35.13.174 Date for annexation election if review
board’s determination favorable. Upon receipt by the
board of county commissioners of a determination by a
majority of the review board favoring annexation of the proposed area that has been initiated by resolution pursuant to
RCW 35.13.015 by the city or town legislative body, the
board of county commissioners, or the city or town legislative body for any city or town within an urban growth area
designated under RCW 36.70A.110, shall fix a date on which
an annexation election shall be held, which date will be not
less than thirty days nor more than sixty days thereafter.
[1997 c 429 § 38; 1973 1st ex.s. c 164 § 17; 1965 c 7 §
35.13.174. Prior: 1961 c 282 § 5.]
35.13.174
Severability—1997 c 429: See note following RCW 36.70A.3201.
Petition method—Fixing date of annexation election: RCW 35.13.060.
Times for holding elections: RCW 29A.04.311 through 29A.04.330.
35.13.176 Territory subject to annexation proposal—When annexation by another city or incorporation allowed. After a petition proposing an annexation by a
city or town is filed with the city or town or the governing
body of the city or town, or after a resolution proposing an
annexation by a city or town has been adopted by the city or
town governing body, no territory included in the proposed
annexation may be annexed by another city or town or incorporated into a city or town unless: (1) The boundary review
board modifies the boundaries of the proposed annexation
and removes the territory; (2) the boundary review board or
review board created under RCW 35.13.171 rejects the proposed annexation; or (3) the city or town governing body
rejects the proposed annexation or voters defeat the ballot
proposition authorizing the annexation. [1994 c 216 § 7.]
35.13.176
[Title 35 RCW—page 33]
35.13.177
Title 35 RCW: Cities and Towns
Effective date—1994 c 216: See note following RCW 35.02.015.
35.13.177 Comprehensive land use plan for area to
be annexed—Contents—Purpose. The legislative body of
any city or town acting through a planning commission created pursuant to chapter 35.63 RCW, or pursuant to its
granted powers, may prepare a comprehensive land use plan
to become effective upon the annexation of any area which
might reasonably be expected to be annexed by the city or
town at any future time. Such comprehensive plan, to the
extent deemed reasonably necessary by the legislative body
to be in the interest of health, safety, morals and the general
welfare may provide, among other things, for:
(1) The regulation and restriction within the area to be
annexed of the location and the use of buildings, structures
and land for residence, trade, industrial and other purposes;
the height, number of stories, size, construction and design of
buildings and other structures; the size of yards, courts and
other open spaces on the lot or tract; the density of population; the set-back of buildings along highways, parks or public water frontages; and the subdivision and development of
land;
(2) The division of the area to be annexed into districts or
zones of any size or shape, and within such districts or zones
regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land;
(3) The appointment of a board of adjustment, to make,
in appropriate cases and subject to appropriate conditions and
safeguards established by ordinance, special exceptions in
harmony with the general purposes and intent of the comprehensive plan; and
(4) The time interval following an annexation during
which the ordinance or resolution adopting any such plan or
regulations, or any part thereof must remain in effect before it
may be amended, supplemented or modified by subsequent
ordinance or resolution adopted by the annexing city or town.
All such regulations and restrictions shall be designed,
among other things, to encourage the most appropriate use of
land throughout the area to be annexed; to lessen traffic congestion and accidents; to secure safety from fire; to provide
adequate light and air; to prevent overcrowding of land; to
avoid undue concentration of population; to promote a coordinated development of the unbuilt areas; to encourage the
formation of neighborhood or community units; to secure an
appropriate allotment of land area in new developments for
all the requirements of community life; to conserve and
restore natural beauty and other natural resources; to facilitate the adequate provision of transportation, water, sewerage
and other public uses and requirements. [1965 ex.s. c 88 § 1.]
35.13.177
auditor. A like certified copy of any map or plat referred to or
adopted by the ordinance or resolution shall likewise be filed
with the county auditor. The auditor shall record the ordinance or resolution and keep on file the map or plat. [1965
ex.s. c 88 § 2.]
35.13.180 Annexation for municipal purposes. City
and town councils of second-class cities and towns may by a
majority vote annex new unincorporated territory outside the
city or town limits, whether contiguous or noncontiguous for
park, cemetery, or other municipal purposes when such territory is owned by the city or town or all of the owners of the
real property in the territory give their written consent to the
annexation. [1994 c 81 § 11; 1983 1st ex.s. c 68 § 1; 1981 c
332 § 4; 1965 c 7 § 35.13.180. Prior: 1907 c 228 § 4; RRS §
9202.]
35.13.180
Severability—1981 c 332: See note following RCW 35.13.165.
35.13.182 Annexation of unincorporated island of
territory—Resolution—Notice of hearing. (1) The legislative body of a city or town planning under chapter 36.70A
RCW as of June 30, 1994, may resolve to annex territory to
the city or town if there is, within the city or town, unincorporated territory containing residential property owners within
the same county and within the same urban growth area designated under RCW 36.70A.110 as the city or town:
(a) Containing less than one hundred acres and having at
least eighty percent of the boundaries of such area contiguous
to the city or town; or
(b) Of any size and having at least eighty percent of the
boundaries of the area contiguous to the city if the area
existed before June 30, 1994.
(2) The resolution shall describe the boundaries of the
area to be annexed, state the number of voters residing in the
area as nearly as may be, and set a date for a public hearing
on the resolution for annexation. Notice of the hearing shall
be given by publication of the resolution at least once a week
for two weeks before the date of the hearing in one or more
newspapers of general circulation within the city or town and
one or more newspapers of general circulation within the area
to be annexed.
(3) For purposes of subsection (1)(b) of this section, territory bounded by a river, lake, or other body of water is considered contiguous to a city that is also bounded by the same
river, lake, or other body of water. [1998 c 286 § 1; 1997 c
429 § 37.]
35.13.182
Severability—1997 c 429: See note following RCW 36.70A.3201.
35.13.1821 Annexation of unincorporated island of
territory—Referendum—Election. The annexation ordinance provided for in RCW 35.13.182 is subject to referendum for forty-five days after its passage. Upon the filing of a
timely and sufficient referendum petition with the legislative
body, signed by qualified electors in number equal to not less
than ten percent of the votes cast in the last general state election in the area to be annexed, the question of annexation
shall be submitted to the voters of the area in a general election if one is to be held within ninety days or at a special election called for that purpose according to RCW 29A.04.330.
Notice of the election shall be given as provided in RCW
35.13.1821
35.13.178 Comprehensive land use plan for area to
be annexed—Hearings on proposed plan—Notice—Filing. The legislative body of the city or town shall hold two or
more public hearings, to be held at least thirty days apart,
upon the proposed comprehensive plan, giving notice of the
time and place thereof by publication in a newspaper of general circulation in the annexing city or town and the area to be
annexed. A copy of the ordinance or resolution adopting or
embodying such proposed plan or any part thereof or any
amendment thereto, duly certified as a true copy by the clerk
of the annexing city or town, shall be filed with the county
35.13.178
[Title 35 RCW—page 34]
(2008 Ed.)
Annexation of Unincorporated Areas
35.13.080 and the election shall be conducted as provided in
the general election law. The annexation shall be deemed
approved by the voters unless a majority of the votes cast on
the proposition are in opposition thereto.
After the expiration of the forty-fifth day from but
excluding the date of passage of the annexation ordinance, if
no timely and sufficient referendum petition has been filed,
the area annexed shall become a part of the city or town upon
the date fixed in the ordinance of annexation. [2006 c 344 §
22; 1998 c 286 § 2.]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
35.13.1822 Annexation of unincorporated island of
territory—Notice, hearing. On the date set for hearing as
provided in RCW 35.13.182(2), residents or property owners
of the area included in the resolution for annexation shall be
afforded an opportunity to be heard. The legislative body
may provide by ordinance for annexation of the territory
described in the resolution, but the effective date of the ordinance shall be not less than forty-five days after the passage
thereof. The legislative body shall cause notice of the proposed effective date of the annexation, together with a
description of the property to be annexed, to be published at
least once each week for two weeks subsequent to passage of
the ordinance, in one or more newspapers of general circulation within the city and in one or more newspapers of general
circulation within the area to be annexed. If the annexation
ordinance provides for assumption of indebtedness or adoption of a proposed zoning regulation, the notice shall include
a statement of such requirements. [1998 c 286 § 3.]
35.13.1822
35.13.185 Annexation of federal areas by first-class
city. Any unincorporated area contiguous to a first-class city
may be annexed thereto by an ordinance accepting a gift,
grant, lease or cession of jurisdiction from the government of
the United States of the right to occupy or control it. [1965 c
7 § 35.13.185. Prior: 1957 c 239 § 7.]
35.13.185
35.13.190 Annexation of federal areas by second-class cities and towns. Any unincorporated area contiguous to a second-class city or town may be annexed thereto
by an ordinance accepting a gift, grant, or lease from the government of the United States of the right to occupy, control,
improve it or sublet it for commercial, manufacturing, or
industrial purposes: PROVIDED, That this shall not apply to
any territory more than four miles from the corporate limits
existing before such annexation. [1994 c 81 § 12; 1965 c 7 §
35.13.190. Prior: 1915 c 13 § 1, part; RRS § 8906, part.]
35.13.190
Validating—1915 c 13: "All ordinances heretofore passed by the legislative authority of any such incorporated city for the purpose of accepting
any gift, grant or lease of or annexing any territory as hereinabove provided
are hereby validated." [1915 c 13 § 3.]
35.13.200 Annexation of federal areas by second-class cities and towns—Annexation ordinance—Provisions. In the ordinance annexing territory pursuant to a
gift, grant, or lease from the government of the United States,
a second-class city or town may include such tide and shore
lands as may be necessary or convenient for the use thereof,
may include in the ordinance an acceptance of the terms and
35.13.200
(2008 Ed.)
35.13.225
conditions attached to the gift, grant, or lease and may provide in the ordinance for the annexed territory to become a
separate ward of the city or town or part or parts of adjacent
wards. [1994 c 81 § 13; 1965 c 7 § 35.13.200. Prior: (i) 1915
c 13 § 1, part; RRS § 8906, part. (ii) 1915 c 13 § 2, part; RRS
§ 8907, part.]
35.13.210 Annexation of federal areas by second-class cities and towns—Authority over annexed territory. A second-class city or town may cause territory
annexed pursuant to a gift, grant, or lease of the government
of the United States to be surveyed, subdivided and platted
into lots, blocks, or tracts and lay out, reserve for public use,
and improve streets, roads, alleys, slips, and other public
places. It may grant or sublet any lot, block, or tract therein
for commercial, manufacturing, or industrial purposes and
reserve, receive and collect rents therefrom. It may expend
the rents received therefrom in making and maintaining public improvements therein, and if any surplus remains at the
end of any fiscal year, may transfer it to the city’s or town’s
current expense fund. [1994 c 81 § 14; 1965 c 7 § 35.13.210.
Prior: 1915 c 13 § 2, part; RRS § 8907, part.]
35.13.210
35.13.215 Annexation of fire districts—Transfer of
employees. If any portion of a fire protection district is
annexed to or incorporated into a city, code city or town, any
employee of the fire protection district who (1) was at the
time of such annexation or incorporation employed exclusively or principally in performing the powers, duties, and
functions which are to be performed by the city, code city or
town fire department (2) will, as a direct consequence of
annexation or incorporation, be separated from the employ of
the fire protection district, and (3) can perform the duties and
meet the minimum requirements of the position to be filled,
then such employee may transfer employment to the civil service system of the city, code city or town fire department as
provided for in this section and RCW 35.13.225 and
35.13.235.
For purposes of this section and RCW 35.13.225 and
35.13.235, employee means an individual whose employment with a fire protection district has been terminated
because the fire protection district was annexed by a city,
code city or town for purposes of fire protection. [1986 c 254
§ 7.]
35.13.215
35.13.225 Annexation of fire districts—Transfer of
employees—Rights and benefits. (1) An eligible employee
may transfer into the civil service system of the city, code
city, or town fire department by filing a written request with
the city, code city, or town civil service commission and by
giving written notice thereof to the board of commissioners
of the fire protection district. Upon receipt of such request by
the civil service commission the transfer of employment shall
be made. The employee so transferring will (a) be on probation for the same period as are new employees of the city,
code city, or town fire department in the position filled, but if
the transferring employee has already completed a probationary period as a firefighter prior to the transfer, then the
employee may only be terminated during the probationary
period for failure to adequately perform assigned duties, not
35.13.225
[Title 35 RCW—page 35]
35.13.235
Title 35 RCW: Cities and Towns
meeting the minimum qualifications of the position, or
behavior that would otherwise be subject to disciplinary
action, (b) be eligible for promotion no later than after completion of the probationary period, (c) receive a salary at least
equal to that of other new employees of the city, code city, or
town fire department in the position filled, and (d) in all other
matters, such as retirement, sick leave, and vacation, have,
within the city, code city, or town civil service system, all the
rights, benefits, and privileges to which he or she would have
been entitled as a member of the city, code city, or town fire
department from the beginning of employment with the fire
protection district: PROVIDED, That for purposes of layoffs
by the annexing fire agency, only the time of service accrued
with the annexing agency shall apply unless an agreement is
reached between the collective bargaining representatives of
the employees of the annexing and annexed fire agencies and
the annexing and annexed fire agencies. The board of commissioners of the fire protection district shall, upon receipt of
such notice, transmit to any applicable civil service commission a record of the employee’s service with the fire protection district which shall be credited to such employee as a
part of the period of employment in the city, code city, or
town fire department. All accrued benefits are transferable
provided that the recipient agency provides comparable benefits. All benefits shall then accrue based on the combined
seniority of each employee in the recipient agency.
(2) As many of the transferring employees shall be
placed upon the payroll of the city, code city, or town fire
department as the department determines are needed to provide services. These needed employees shall be taken in
order of seniority and the remaining employees who transfer
as provided in this section and RCW 35.13.215 and
35.13.235 shall head the list for employment in the civil service system in order of their seniority, to the end that they
shall be the first to be reemployed in the city, code city, or
town fire department when appropriate positions become
available: PROVIDED, That employees who are not immediately hired by the city, code city, or town shall be placed on
a reemployment list for a period not to exceed thirty-six
months unless a longer period is authorized by an agreement
reached between the collective bargaining representatives of
the employees of the annexing and annexed fire agencies and
the annexing and annexed fire agencies. [1994 c 73 § 3; 1986
c 254 § 8.]
Effective date—1994 c 73: See note following RCW 35.10.365.
35.13.235 Annexation of fire districts—Transfer of
employees—Notice—Time limitation. If any portion of a
fire protection district is annexed to or incorporated into a
city, code city or town, and as a result any employee is laid
off who is eligible to transfer to the city, code city or town fire
department under this section and RCW 35.13.215 and
35.13.225 the fire protection district shall notify the
employee of the right to transfer and the employee shall have
ninety days to transfer employment to the city, code city or
town fire department. [1986 c 254 § 9.]
35.13.235
trict is annexed by or incorporated into a city or town, any
outstanding indebtedness, bonded or otherwise, shall remain
an obligation of the taxable property annexed or incorporated
as if the annexation or incorporation had not occurred. [1965
c 7 § 35.13.249. Prior: 1963 c 231 § 5.]
35.13.260 Determining population of annexed territory—Certificate—As basis for allocation of state
funds—Revised certificate. Whenever any territory is
annexed to a city or town, a certificate as hereinafter provided
shall be submitted in triplicate to the office of financial management, hereinafter in this section referred to as "the office",
within thirty days of the effective date of annexation specified in the relevant ordinance. After approval of the certificate, the office shall retain the original copy in its files, and
transmit the second copy to the department of transportation
and return the third copy to the city or town. Such certificates
shall be in such form and contain such information as shall be
prescribed by the office. A copy of the complete ordinance
containing a legal description and a map showing specifically
the boundaries of the annexed territory shall be attached to
each of the three copies of the certificate. The certificate shall
be signed by the mayor and attested by the city clerk. Upon
request, the office shall furnish certification forms to any city
or town.
The resident population of the annexed territory shall be
determined by, or under the direction of, the mayor of the city
or town. Such population determination shall consist of an
actual enumeration of the population which shall be made in
accordance with practices and policies, and subject to the
approval of, the office. The population shall be determined as
of the effective date of annexation as specified in the relevant
ordinance.
Until an annexation certificate is filed and approved as
provided herein, such annexed territory shall not be considered by the office in determining the population of such city
or town.
Upon approval of the annexation certificate, the office
shall forward to each state official or department responsible
for making allocations or payments to cities or towns, a
revised certificate reflecting the increase in population due to
such annexation. Upon and after the date of the commencement of the next quarterly period, the population determination indicated in such revised certificate shall be used as the
basis for the allocation and payment of state funds to such
city or town.
For the purposes of this section, each quarterly period
shall commence on the first day of the months of January,
April, July, and October. Whenever a revised certificate is
forwarded by the office thirty days or less prior to the commencement of the next quarterly period, the population of the
annexed territory shall not be considered until the commencement of the following quarterly period. [1979 c 151 §
25; 1975 1st ex.s. c 31 § 1; 1969 ex.s. c 50 § 1; 1967 ex.s. c
42 § 2; 1965 c 7 § 35.13.260. Prior: 1961 c 51 § 1; 1957 c 175
§ 14; prior: 1951 c 248 § 5, part.]
35.13.260
Effective date—1967 ex.s. c 42: See note following RCW 3.30.010.
35.13.249 Annexation of fire districts—Ownership of
assets of fire protection district—Outstanding indebtedness not affected. When any portion of a fire protection dis35.13.249
[Title 35 RCW—page 36]
Savings—1967 ex.s. c 42: See note following RCW 3.30.010.
Allocations to cities and towns from motor vehicle fund: RCW 46.68.110.
Census to be conducted in decennial periods: State Constitution Art. 2 § 3.
(2008 Ed.)
Annexation of Unincorporated Areas
Population determinations, office of financial management: Chapter 43.62
RCW.
35.13.270 Taxes collected in annexed territory—
Notification of annexation. (1) Whenever any territory is
annexed to a city or town which is part of a road district of the
county and road district taxes have been levied but not collected on any property within the annexed territory, the same
shall when collected by the county treasurer be paid to the
city or town and by the city or town placed in the city or town
street fund; except that road district taxes that are delinquent
before the date of annexation shall be paid to the county and
placed in the county road fund.
(2) When territory that is part of a fire district is annexed
to a city or town, the following apply:
(a) Fire district taxes on annexed property that were levied, but not collected, and were not delinquent at the time of
the annexation shall, when collected, be paid to the annexing
city or town at times required by the county, but no less frequently than by July 10th for collections through June 30th
and January 10th for collections through December 31st following the annexation; and
(b) Fire district taxes on annexed property that were levied, but not collected, and were delinquent at the time of the
annexation and the pro rata share of the current year levy
budgeted for general obligation debt, when collected, shall be
paid to the fire district.
(3) When territory that is part of a library district is
annexed to a city or town, the following apply:
(a) Library district taxes on annexed property that were
levied, but not collected, and were not delinquent at the time
of the annexation shall, when collected, be paid to the annexing city or town at times required by the county, but no less
frequently than by July 10th for collections through June 30th
and January 10th for collections through December 31st following the annexation; and
(b) Library district taxes on annexed property that were
levied, but not collected, and were delinquent at the time of
the annexation and the pro rata share of the current year levy
budgeted for general obligation debt, when collected, shall be
paid to the library district.
(4) Subsections (1) through (3) of this section do not
apply to any special assessments due in behalf of such property.
(5) If a city or town annexes property within a fire district or library district while any general obligation bond
secured by the taxing authority of the district is outstanding,
the bonded indebtedness of the fire district or library district
remains an obligation of the taxable property annexed as if
the annexation had not occurred.
(6) The city or town is required to provide notification,
by certified mail, that includes a list of annexed parcel numbers, to the county treasurer and assessor, and to the fire district and library district, as appropriate, at least thirty days
before the effective date of the annexation. The county treasurer is only required to remit to the city or town those road
taxes, fire district taxes, and library district taxes collected
thirty days or more after receipt of the notification.
(7)(a) In counties that do not have a boundary review
board, the city or town shall provide notification to the fire
district or library district of the jurisdiction’s resolution
35.13.270
(2008 Ed.)
35.13.280
approving the annexation. The notification required under
this subsection must:
(i) Be made by certified mail within seven days of the
resolution approving the annexation; and
(ii) Include a description of the annexed area.
(b) In counties that have a boundary review board, the
city or town shall provide notification of the proposed annexation to the fire district or library district simultaneously
when notice of the proposed annexation is provided by the
jurisdiction to the boundary review board under RCW
36.93.090.
(8) The provisions of this section regarding (a) the transfer of fire and library district property taxes and (b) city and
town notifications to fire and library districts do not apply if
the city or town has been annexed to and is within the fire or
library district when the city or town approves a resolution to
annex unincorporated county territory. [2007 c 285 § 1; 2001
c 299 § 2; 1998 c 106 § 1; 1965 c 7 § 35.13.270. Prior: 1957
c 175 § 15; prior: 1951 c 248 § 5, part.]
35.13.280 Cancellation, acquisition of franchise or
permit for operation of public service business in territory annexed—Regulation of solid waste collection. The
annexation by any city or town of any territory pursuant to
those provisions of chapter 35.10 RCW which relate to the
annexation of a city or town to a city or town, or pursuant to
the provisions of chapter 35.13 RCW shall cancel, as of the
effective date of such annexation, any franchise or permit
theretofore granted to any person, firm or corporation by the
state of Washington, or by the governing body of such
annexed territory, authorizing or otherwise permitting the
operation of any public transportation, garbage disposal or
other similar public service business or facility within the
limits of the annexed territory, but the holder of any such
franchise or permit canceled pursuant to this section shall be
forthwith granted by the annexing city or town a franchise to
continue such business within the annexed territory for a term
of not less than seven years from the date of issuance thereof,
and the annexing city or town, by franchise, permit or public
operation, shall not extend similar or competing services to
the annexed territory except upon a proper showing of the
inability or refusal of such person, firm or corporation to adequately service said annexed territory at a reasonable price:
PROVIDED, That the provisions of this section shall not preclude the purchase by the annexing city or town of said franchise, business, or facilities at an agreed or negotiated price,
or from acquiring the same by condemnation upon payment
of damages, including a reasonable amount for the loss of the
franchise or permit. In the event that any person, firm or corporation whose franchise or permit has been canceled by the
terms of this section shall suffer any measurable damages as
a result of any annexation pursuant to the provisions of the
laws above-mentioned, such person, firm or corporation shall
have a right of action against any city or town causing such
damages.
After an annexation by a city or town, the utilities and
transportation commission shall continue to regulate solid
waste collection within the limits of the annexed territory
until such time as the city or town notifies the commission, in
writing, of its decision to contract for solid waste collection
or provide solid waste collection itself pursuant to RCW
35.13.280
[Title 35 RCW—page 37]
35.13.290
Title 35 RCW: Cities and Towns
81.77.020. In the event the annexing city or town at any time
decides to contract for solid waste collection or decides to
undertake solid waste collection itself, the holder of any such
franchise or permit that is so canceled in whole or in part shall
be forthwith granted by the annexing city or town a franchise
to continue such business within the annexed territory for a
term of not less than the remaining term of the original franchise or permit, or not less than seven years, whichever is the
shorter period, and the city or town, by franchise, permit, or
public operation, shall not extend similar or competing services to the annexed territory except upon a proper showing
of the inability or refusal of such person, firm, or corporation
to adequately service the annexed territory at a reasonable
price. Upon the effective date specified by the city or town
council’s ordinance or resolution to have the city or town
contract for solid waste collection or undertake solid waste
collection itself, the transition period specified in this section
begins to run. This section does not preclude the purchase by
the annexing city or town of the franchise, business, or facilities at an agreed or negotiated price, or from acquiring the
same by condemnation upon payment of damages, including
a reasonable amount for the loss of the franchise or permit. In
the event that any person, firm, or corporation whose franchise or permit has been canceled by the terms of this section
suffers any measurable damages as a result of any annexation
pursuant to this chapter, such person, firm, or corporation has
a right of action against any city or town causing such damages. [1997 c 171 § 2; 1994 c 81 § 15; 1983 c 3 § 54; 1965 c
7 § 35.13.280. Prior: 1957 c 282 § 1.]
Severability—1997 c 171: See note following RCW 35.02.160.
35.13.290 When right-of-way may be included—Use
of right-of-way line as corporate boundary. The boundaries of a city or town arising from an annexation of territory
shall not include a portion of the right-of-way of any public
street, road, or highway except where the boundary runs from
one edge of the right-of-way to the other edge of the
right-of-way. However, the right-of-way line of any public
street, road, or highway, or any segment thereof, may be used
to define a part of a corporate boundary in an annexation proceeding. [1989 c 84 § 8.]
35.13.290
35.13.300 Boundary line adjustment—Purpose—
Definition. The purpose of RCW 35.13.300 through
35.13.330 is to establish a process for the adjustment of existing or proposed city boundary lines to avoid a situation where
a common boundary line is or would be located within a
right-of-way of a public street, road, or highway, or a situation where two cities are separated or would be separated by
only the right-of-way of a public street, road, or highway,
other than situations where a boundary line runs from one
edge of the right-of-way to the other edge of the right-of-way.
As used in RCW 35.13.300 through 35.13.330, "city"
includes every city or town in the state, including a code city
operating under Title 35A RCW. [1989 c 84 § 12.]
35.13.300
35.13.310 Boundary line adjustment—Agreement—
Not subject to review. (1) This section provides a method to
adjust the boundary lines between two cities where the two
cities share a common boundary within a right-of-way of a
35.13.310
[Title 35 RCW—page 38]
public street, road, or highway, or the two cities have a portion of their boundaries separated only by all or part of the
right-of-way of a public street, road, or highway. However,
this section does not apply to situations where a boundary
line runs from one edge of the right-of-way to the other edge
of the right-of-way.
(2) The councils of any two cities in a situation described
in subsection (1) of this section may enter into an agreement
to alter those portions of their boundaries that are necessary
to eliminate this situation and create a partial common
boundary on either edge of the right-of-way of the public
street, road, or highway. An agreement made under this section shall include only boundary line adjustments between
the two cities that are necessary to eliminate the situation
described in subsection (1) of this section.
A boundary line adjustment under this section is not subject to potential review by a boundary review board. [1989 c
84 § 13.]
35.13.320 Boundary line adjustment—When adjustment required—Limitation—Not subject to review. The
councils of any two cities that will be in a situation described
in RCW 35.13.310(1) as the result of a proposed annexation
by one of the cities may enter into an agreement to adjust
those portions of the annexation proposal and the boundaries
of the city that is not proposing the annexation. Such an
agreement shall not be effective unless the annexation is
made.
The annexation proposal shall proceed if such an agreement were not made, but any resulting boundaries between
th e two ci ties th at m eet th e des crip tio n s o f R CW
35.13.310(1) shall be adjusted by agreement between the two
cities within one hundred eighty days of the effective date of
the annexation, or the county legislative authority of the
county within which the right-of-way is located shall adjust
the boundaries within a sixty-day period immediately following the one hundred eightieth day.
An agreement or adjustment made by a county under this
section shall include only boundary line adjustments between
the two cities that are necessary to eliminate the situation
described in RCW 35.13.310(1).
A boundary line adjustment under this section is not subject to potential review by a boundary review board. [1989 c
84 § 14.]
35.13.320
35.13.330 Boundary line adjustment—Agreement
pending incorporation—Limitation—Not subject to
review. (1) The purpose of this section is to avoid situations
arising where the boundaries of an existing city and a newly
incorporated city would create a situation described in RCW
35.13.310(1).
(2) A boundary review board that reviews the boundaries
of a proposed incorporation may enter into an agreement with
the council of a city, that would be in a situation described in
subsection (1) of this section as the result of a proposed incorporation of a city, to adjust the boundary line of the city and
those of the city proposed to be incorporated to avoid this situation described in subsection (1) of this section if the incorporation were to be approved by the voters. Such an agreement shall not be effective unless the incorporation occurs.
35.13.330
(2008 Ed.)
Annexation of Unincorporated Areas
The incorporation proposal shall proceed if such an
agreement were not made, but any resulting boundaries
between the two cities that meet create a situation described
in RCW 35.13.310(1) shall be adjusted by agreement
between the two cities within one hundred eighty days of the
official date of the incorporation, or the county legislative
authority of the county within which the right-of-way is
located shall adjust the boundaries within a sixty-day period
immediately following the one hundred eightieth day.
An agreement or adjustment made by a county under this
section shall include only boundary line adjustments between
the two cities that are necessary to eliminate the situation
described in RCW 35.13.310(1).
A boundary line adjustment under this section is not subject to potential review by a boundary review board. [1989 c
84 § 15.]
35.13.340
35.13.340 Boundary line adjustment—Inclusion or
exclusion of remaining portion of parcel—When subject
to review—Definition. The boundaries of a city shall be
adjusted to include or exclude the remaining portion of a parcel of land located partially within and partially without *of
the boundaries of that city upon the governing body of the
city adopting a resolution approving such an adjustment that
was requested in a petition signed by the owner of the parcel.
A boundary adjustment made pursuant to this section shall
not be subject to potential review by the boundary review
board of the county within which the parcel is located if the
remaining portion of the parcel to be included or excluded
from the city is located in the unincorporated area of the
county and the adjustment is approved by resolution of the
county legislative authority or in writing by a county official
or employee of the county who is designated by ordinance of
the county to make such approvals.
Where part of a single parcel of land is located within the
boundaries of one city, and the remainder of the parcel is
located within the boundaries of a second city that is located
immediately adjacent to the first city, the boundaries of the
two cities may be adjusted so that all of the parcel is located
within either of the cities, if the adjustment was requested in
a petition signed by the property owner and is approved by
both cities. Approval by a city may be through either resolution of its city council, or in writing by an official or
employee of the city who has been designated by ordinance
of the city to make such approvals. Such an adjustment is not
subject to potential review by the boundary review board of
the county in which the parcel is located.
Whenever a portion of a public right-of-way is located
on such a parcel, the boundary adjustment shall be made in
such a manner as to include all or none of that portion of the
public right-of-way within the boundaries of the city.
As used in this section, "city" shall include any city or
town, including a code city. [1989 c 84 § 24.]
*Reviser’s note: The word "of" appears to be unnecessary.
35.13.350
35.13.350 Providing annexation information to public. A city or town can provide factual public information on
the effects of a pending annexation proposed for the city or
town. [1989 c 351 § 8.]
(2008 Ed.)
35.13.380
35.13.360 Transfer of county sheriff’s employees—
Purpose. It is the purpose of RCW 35.13.360 through
35.13.400 to require the lateral transfer of any qualified
county sheriff’s employee who, by reason of annexation or
incorporation of an unincorporated area of a county, will or is
likely to be laid off due to sheriff’s department cutbacks
resulting from the loss of the unincorporated law enforcement responsibility. [1993 c 189 § 2.]
35.13.360
35.13.370 Transfer of county sheriff’s employees—
When authorized. When any portion of an unincorporated
area of a county is to be annexed or incorporated into a city,
code city, or town, any employee of the sheriff’s office of the
county may transfer his or her employment to the police
department of the city, code city, or town as provided in
RCW 35.13.360 through 35.13.400 if the employee: (1)
Was, at the time the annexation or incorporation occurred,
employed exclusively or principally in performing the powers, duties, and functions of the county sheriff’s office; (2)
will, as a direct consequence of the annexation or incorporation, be separated from the employ of the county; and (3) can
perform the duties and meets the city’s, code city’s or town’s
minimum standards and qualifications of the position to be
filled within their police department.
Nothing in this section or RCW 35.13.380 requires a
city, code city, or town to accept the voluntary transfer of
employment of a person who will not be laid off due to his or
her seniority status. [1993 c 189 § 3.]
35.13.370
35.13.380 Transfer of county sheriff’s employees—
Conditions, limitations. (1) An eligible employee under
RCW 35.13.370 may transfer into the civil service system for
the police department by filing a written request with the civil
service commission of the affected city, code city, or town
and by giving written notice thereof to the legislative authority of the county. Upon receipt of such request by the civil
service commission the transfer shall be made. The employee
so transferring will: (a) Be on probation for the same period
as are new employees in the same classification of the police
department; (b) be eligible for promotion after completion of
the probationary period in compliance with existing civil service rules pertaining to lateral transfers based upon combined
service time; (c) receive a salary at least equal to that of other
new employees in the same classification of the police
department; and (d) in all other matters, such as sick leave
and vacation, have, within the civil service system, all the
rights, benefits, and privileges that the employee would have
been entitled to had he or she been a member of the police
department from the beginning of his or her employment
with the county. The county is responsible for compensating
an employee for benefits accrued while employed with the
sheriff’s office unless a different agreement is reached
between the county and the city, code city, or town. No
accrued benefits are transferable to the recipient agency
unless the recipient agency agrees to accept the accrued benefits. All benefits shall then accrue based on the combined
seniority of each employee in the recipient agency. The
county shall, upon receipt of such notice, transmit to the civil
service commission a record of the employee’s service with
the county which shall be credited to the employee as a part
of his or her period of employment in the police department.
35.13.380
[Title 35 RCW—page 39]
35.13.390
Title 35 RCW: Cities and Towns
For purposes of layoffs by the city, code city, or town, only
the time of service accrued with the city, code city, or town
shall apply unless an agreement is reached between the collective bargaining representatives of the police department
and sheriff’s office employees and the police department and
sheriff’s office.
(2) Only as many of the transferring employees shall be
placed upon the payroll of the police department as the city,
code city, or town determines are needed to provide an adequate level of law enforcement service. The needed employees shall be taken in order of seniority and the remaining
employees who transfer as provided in RCW 35.13.360
through 35.13.400 shall head the list of their respective class
or job listing exclusive of rank in the civil service system in
order of their seniority, so that they shall be the first to be
employed in the police department as vacancies become
available. Employees who are not immediately hired by the
city, code city, or town shall be placed on a reemployment list
for a period not to exceed thirty-six months unless a longer
period is authorized by an agreement reached between the
collective bargaining representatives of the police department and sheriff’s office employees and the police department and sheriff’s office. The county sheriff’s office must
rehire former employees who are placed on the city’s reemployment list before it can hire anyone else to perform the
same duties previously performed by these employees who
were laid off.
(3) The thirty-six month period contained in subsection
(2) of this section shall commence:
(a) On the effective date of the annexation in cases of
annexation; and
(b) On the date when the city creates its own police
department in cases of incorporation.
(4) The city, code city, or town shall retain the right to
select the police chief regardless of seniority. [1993 c 189 §
4.]
35.13.390 Transfer of county sheriff’s employees—
Rules. In addition to its other duties prescribed by law, the
civil service commission shall make rules necessary to provide for the orderly integration of employees of a county
sheriff’s office to the police department of the city, code city,
or town pursuant to RCW 35.13.360 through 35.13.400.
[1993 c 189 § 5.]
35.13.390
35.13.400 Transfer of county sheriff’s employees—
Notification of right to transfer—Time for filing transfer
request. When any portion of an unincorporated area of a
county is to be annexed or incorporated into a city, code city,
or town and layoffs will result in the county sheriff’s office,
employees so affected shall be notified of their right to transfer. The affected employees shall have ninety days after the
commencement of the thirty-six month period as specified in
RCW 35.13.380(3) to file a request to transfer their employment to the police department of the city, code city, or town
under RCW 35.13.360 through 35.13.400. [1993 c 189 § 6.]
35.13.400
35.13.410 Alternative direct petition method—Commencement of proceedings—Notice to legislative body—
Meeting—Assumption of indebtedness—Comprehensive
35.13.410
[Title 35 RCW—page 40]
plan. Proceedings for the annexation of territory pursuant to
this section and RCW 35.13.420 shall be commenced as provided in this section. Before the circulation of a petition for
annexation, the initiating party or parties who, except as provided in RCW 28A.335.110, shall be either not less than ten
percent of the residents of the area to be annexed or the owners of not less than ten percent of the acreage for which
annexation is petitioned, shall notify the legislative body of
the city or town in writing of their intention to commence
annexation proceedings. The legislative body shall set a date,
not later than sixty days after the filing of the request, for a
meeting with the initiating parties to determine whether the
city or town will accept, reject, or geographically modify the
proposed annexation, whether it shall require the simultaneous adoption of the comprehensive plan if such plan has
been prepared and filed for the area to be annexed as provided for in RCW 35.13.177 and 35.13.178, and whether it
shall require the assumption of all or any portion of existing
city or town indebtedness by the area to be annexed. If the
legislative body requires the assumption of all or any portion
of indebtedness and/or the adoption of a comprehensive plan,
it shall record this action in its minutes and the petition for
annexation shall be so drawn as to clearly indicate this fact.
There shall be no appeal from the decision of the legislative
body. [2003 c 331 § 2.]
Intent—2003 c 331: "The legislature recognizes that on March 14,
2002, the Washington state supreme court decided in Grant County Fire
Protection District No. 5 v. City of Moses Lake, 145 Wn.2d 702 (2002), that
the petition method of annexation authorized by RCW 35.13.125 through
35.13.160 and 35A.14.120 through 35A.14.150 is unconstitutional. The legislature also recognizes that on October 11, 2002, the Washington state
supreme court granted a motion for reconsideration of this decision. The legislature intends to provide a new method of direct petition annexation that
enables property owners and registered voters to participate in an annexation
process without the constitutional defect identified by the court." [2003 c
331 § 1.]
Severability—2003 c 331: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2003 c 331 § 14.]
Effective date—2003 c 331: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 16, 2003]." [2003 c 331 § 15.]
35.13.420 Alternative direct petition method—Petition—Signers—Content. (1) A petition for annexation of
an area contiguous to a city or town may be made in writing
addressed to and filed with the legislative body of the municipality to which annexation is desired. Except where all the
property sought to be annexed is property of a school district,
and the school directors thereof file the petition for annexation as in RCW 28A.335.110, the petition must be signed by
the owners of a majority of the acreage for which annexation
is petitioned and a majority of the registered voters residing
in the area for which annexation is petitioned.
(2) If no residents exist within the area proposed for
annexation, the petition must be signed by the owners of a
majority of the acreage for which annexation is petitioned.
(3) The petition shall set forth a legal description of the
property proposed to be annexed that complies with RCW
35.02.170, and shall be accompanied by a drawing that outlines the boundaries of the property sought to be annexed. If
the legislative body has required the assumption of all or any
35.13.420
(2008 Ed.)
Annexation of Unincorporated Areas
portion of city or town indebtedness by the area annexed,
and/or the adoption of a comprehensive plan for the area to be
annexed, these facts, together with a quotation of the minute
entry of such requirement or requirements, shall be set forth
in the petition. [2003 c 331 § 3.]
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
35.13.430 Alternative direct petition method—
Notice of hearing. When a petition for annexation is filed
with the city or town council, or commission in those cities
having a commission form of government, that meets the
requirements of RCW 35.13.410, 35.13.420, and 35.21.005,
of which fact satisfactory proof may be required by the council or commission, the council or commission may entertain
the same, fix a date for a public hearing thereon and cause
notice of the hearing to be published in one issue of a newspaper of general circulation in the city or town. The notice
shall also be posted in three public places within the territory
proposed for annexation, and shall specify the time and place
of hearing and invite interested persons to appear and voice
approval or disapproval of the annexation. The expense of
publication and posting of the notice shall be borne by the
signers of the petition. [2003 c 331 § 4.]
35.13.430
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
35.13.440 Alternative direct petition method—Ordinance providing for annexation. Following the hearing, the
council or commission shall determine by ordinance whether
annexation shall be made. Subject to the provisions of RCW
35.13.410, 35.13.460, and 35.21.005, they may annex all or
any portion of the proposed area but may not include in the
annexation any property not described in the petition. Upon
passage of the ordinance a certified copy shall be filed with
the board of county commissioners of the county in which the
annexed property is located. [2003 c 331 § 5.]
35.13.440
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
35.13.450 Alternative direct petition method—Effective date of annexation and comprehensive plan—Assessment, taxation of territory annexed. Upon the date fixed in
the ordinance of annexation, the area annexed shall become
part of the city or town. All property within the annexed territory shall, if the annexation petition so provided, be
assessed and taxed at the same rate and on the same basis as
the property of such annexing city or town is assessed and
taxed to pay for all or of any portion of the then outstanding
indebtedness of the city or town to which the area is annexed,
approved by the voters, contracted, or incurred before, or
existing at, the date of annexation. If the annexation petition
so provided, all property in the annexed area is subject to and
is a part of the comprehensive plan as prepared and filed as
provided for in RCW 35.13.177 and 35.13.178. [2003 c 331
§ 6.]
35.13.450
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
35.13.480
for in RCW 35.13.410 through 35.13.450 is an alternative
method, and does not supersede any other method. [2003 c
331 § 7.]
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
35.13.470 Annexation of territory within urban
growth areas—Interlocal agreement—Public hearing—
Ordinance providing for annexation. (1) The legislative
body of a county, city, or town planning under chapter
36.70A RCW and subject to the requirements of RCW
36.70A.215 may initiate an annexation process for unincorporated territory by adopting a resolution commencing negotiations for an interlocal agreement as provided in chapter
39.34 RCW between a county and any city or town within the
county. The territory proposed for annexation must meet the
following criteria: (a) Be within the city or town urban
growth area designated under RCW 36.70A.110, and (b) at
least sixty percent of the boundaries of the territory proposed
for annexation must be contiguous to the annexing city or
town or one or more cities or towns.
(2) If the territory proposed for annexation has been designated in an adopted county comprehensive plan as part of
an urban growth area, urban service area, or potential annexation area for a specific city or town, or if the urban growth
area territory proposed for annexation has been designated in
a written agreement between a city or town and a county for
annexation to a specific city or town, the designation or designations shall receive full consideration before a city or
county may initiate the annexation process provided for in
RCW 35.13.480.
(3) The agreement shall describe the boundaries of the
territory to be annexed. A public hearing shall be held by
each legislative body, separately or jointly, before the agreement is executed. Each legislative body holding a public
hearing shall, separately or jointly, publish the agreement at
least once a week for two weeks before the date of the hearing
in one or more newspapers of general circulation within the
territory proposed for annexation.
(4) Following adoption and execution of the agreement
by both legislative bodies, the city or town legislative body
shall adopt an ordinance providing for the annexation of the
territory described in the agreement. The legislative body
shall cause notice of the proposed effective date of the annexation, together with a description of the property to be
annexed, to be published at least once each week for two
weeks subsequent to passage of the ordinance, in one or more
newspapers of general circulation within the city and in one
or more newspapers of general circulation within the territory
to be annexed. If the annexation ordinance provides for
assumption of indebtedness or adoption of a proposed zoning
regulation, the notice shall include a statement of the requirements. Any territory to be annexed through an ordinance
adopted under this section is annexed and becomes a part of
the city or town upon the date fixed in the ordinance of
annexation, which date may not be fewer than forty-five days
after adoption of the ordinance. [2003 c 299 § 1.]
35.13.470
35.13.480 Annexation of territory within urban
growth areas—County may initiate process with other
cities or towns—Interlocal agreement—Public hearing—
35.13.480
35.13.460 Alternative direct petition method—
Method is alternative. The method of annexation provided
35.13.460
(2008 Ed.)
[Title 35 RCW—page 41]
35.13.900
Title 35 RCW: Cities and Towns
Ordinance—Referendum—Election, when necessary. (1)
The legislative body of any county planning under chapter
36.70A RCW and subject to the requirements of RCW
36.70A.215 may initiate an annexation process with the legislative body of any other cities or towns that are contiguous
to the territory proposed for annexation in RCW 35.13.470 if:
(a) The county legislative body initiated an annexation
process as provided in RCW 35.13.470; and
(b) The affected city or town legislative body adopted a
responsive resolution rejecting the proposed annexation or
declined to create the requested interlocal agreement with the
county; or
(c) More than one hundred eighty days have passed since
adoption of a county resolution as provided for in RCW
35.13.470 and the parties have not adopted or executed an
interlocal agreement providing for the annexation of unincorporated territory. The legislative body for either the county
or an affected city or town may, however, pass a resolution
extending the negotiation period for one or more six-month
periods if a public hearing is held and findings of fact are
made prior to each extension.
(2) Any county initiating the process provided for in subsection (1) of this section must do so by adopting a resolution
commencing negotiations for an interlocal agreement as provided in chapter 39.34 RCW between the county and any city
or town within the county. The annexation area must be
within an urban growth area designated under RCW
36.70A.110 and at least sixty percent of the boundaries of the
territory to be annexed must be contiguous to one or more cities or towns.
(3) The agreement shall describe the boundaries of the
territory to be annexed. A public hearing shall be held by
each legislative body, separately or jointly, before the agreement is executed. Each legislative body holding a public
hearing shall, separately or jointly, publish the agreement at
least once a week for two weeks before the date of the hearing
in one or more newspapers of general circulation within the
territory proposed for annexation.
(4) Following adoption and execution of the agreement
by both legislative bodies, the city or town legislative body
shall adopt an ordinance providing for the annexation. The
legislative body shall cause notice of the proposed effective
date of the annexation, together with a description of the
property to be annexed, to be published at least once each
week for two weeks subsequent to passage of the ordinance,
in one or more newspapers of general circulation within the
city and in one or more newspapers of general circulation
within the territory to be annexed. If the annexation ordinance provides for assumption of indebtedness or adoption of
a proposed zoning regulation, the notice shall include a statement of the requirements. Any area to be annexed through an
ordinance adopted under this section is annexed and becomes
a part of the city or town upon the date fixed in the ordinance
of annexation, which date may not be less than forty-five
days after adoption of the ordinance.
(5) The annexation ordinances provided for in RCW
35.13.470(4) and subsection (4) of this section are subject to
referendum for forty-five days after passage. Upon the filing
of a timely and sufficient referendum petition with the legislative body, signed by registered voters in number equal to
not less than fifteen percent of the votes cast in the last gen[Title 35 RCW—page 42]
eral state election in the area to be annexed, the question of
annexation shall be submitted to the voters of the area in a
general election if one is to be held within ninety days or at a
special election called for that purpose according to RCW
29A.04.330. Notice of the election shall be given as provided
in RCW 35.13.080 and the election shall be conducted as provided in the general election law. The annexation shall be
deemed approved by the voters unless a majority of the votes
cast on the proposition are in opposition thereto.
After the expiration of the forty-fifth day from but
excluding the date of passage of the annexation ordinance, if
no timely and sufficient referendum petition has been filed,
the area annexed shall become a part of the city or town upon
the date fixed in the ordinance of annexation.
(6) If more than one city or town adopts interlocal agreements providing for annexation of the same unincorporated
territory as provided by this section, an election shall be held
in the area to be annexed pursuant to RCW 35.13.070 and
35.13.080. In addition to the provisions of RCW 35.13.070
and 35.13.080, the ballot shall also contain a separate proposition allowing voters to cast votes in favor of annexation to
any one city or town participating in an interlocal agreement
as provided by this section. If a majority of voters voting on
the proposition vote against annexation, the proposition is
defeated. If, however, a majority of voters voting in the election approve annexation, the area shall be annexed to the city
or town receiving the highest number of votes among those
cast in favor of annexation.
(7) Costs for an election required under subsection (6) of
this section shall be borne by the county. [2006 c 344 § 23;
2003 c 299 § 2.]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
35.13.900 Application of chapter to annexations
involving water or sewer service. Nothing in this chapter
precludes or otherwise applies to an annexation by a city or
town of unincorporated territory as authorized by RCW
57.24.170, 57.24.190, and 57.24.210. [1996 c 230 § 1601;
1995 c 279 § 3.]
35.13.900
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Chapter 35.13A
Chapter 35.13A RCW
WATER OR SEWER DISTRICTS—
ASSUMPTION OF JURISDICTION
Sections
35.13A.010
35.13A.020
Definitions.
Assumption authorized—Disposition of properties and
rights—Outstanding indebtedness—Management and
control.
35.13A.030 Assumption of control if sixty percent or more of area or valuation within city.
35.13A.0301 Assumption of water-sewer district before July 1, 1999—
Limitations.
35.13A.040 Assumption of control if less than sixty percent of area or valuation within city.
35.13A.050 Territory containing facilities within or without city—Duties
of city or district—Rates and charges—Assumption of
responsibility—Outstanding indebtedness—Properties
and rights.
35.13A.060 District in more than one city—Assumption of responsibilities—Duties of cities.
35.13A.070 Contracts.
(2008 Ed.)
Water or Sewer Districts—Assumption of Jurisdiction
35.13A.080
35.13A.090
35.13A.100
35.13A.111
35.13A.900
Dissolution of water district or sewer district.
Employment and rights of district employees.
Assumption of substandard water system—Limited immunity from liability.
Assumption of water-sewer district with fewer than two hundred fifty customers.
Severability—1971 ex.s. c 95.
35.13A.010 Definitions. Whenever used in this chapter, the following words shall have the following meanings:
(1) The words "district," "water district," and "sewer district" shall mean a "water-sewer district" as that term is used
in Title 57 RCW.
(2) The word "city" shall mean a city or town of any class
and shall also include any code city as defined in chapter
35A.01 RCW.
(3) The word "indebtedness" shall include general obligation, revenue, and special indebtedness and temporary,
emergency, and interim loans. [1998 c 326 § 1; 1971 ex.s. c
95 § 1.]
35.13A.010
Effective date—1998 c 326: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 3, 1998]." [1998 c 326 § 4.]
35.13A.020 Assumption authorized—Disposition of
properties and rights—Outstanding indebtedness—Management and control. (1) Whenever all of the territory of a
district is included within the corporate boundaries of a city,
the city legislative body may adopt a resolution or ordinance
to assume jurisdiction over all of the district.
(2) Upon the assumption, all real and personal property,
franchises, rights, assets, taxes levied but not collected for the
district for other than indebtedness, water, sewer, and drainage facilities, and all other facilities and equipment of the district shall become the property of the city subject to all financial, statutory, or contractual obligations of the district for the
security or performance of which the property may have been
pledged. The city, in addition to its other powers, shall have
the power to manage, control, maintain, and operate the property, facilities and equipment and to fix and collect service
and other charges from owners and occupants of properties so
served by the city, subject, however, to any outstanding
indebtedness, bonded or otherwise, of the district payable
from taxes, assessments, or revenues of any kind or nature
and to any other contractual obligations of the district.
(3) The city may by resolution or ordinance of its legislative body, assume the obligation of paying such district
indebtedness and of levying and of collecting or causing to be
collected the district taxes, assessments, and utility rates and
charges of any kind or nature to pay and secure the payment
of the indebtedness, according to all of the terms, conditions
and covenants incident to the indebtedness, and shall assume
and perform all other outstanding contractual obligation of
the district in accordance with all of their terms, conditions,
and covenants. An assumption shall not be deemed to impair
the obligation of any indebtedness or other contractual obligation. During the period until the outstanding indebtedness
of the district has been discharged, the territory of the district
and the owners and occupants of property therein, shall continue to be liable for its and their proportionate share of the
indebtedness, including any outstanding assessments levied
within any local improvement district or utility local
35.13A.020
(2008 Ed.)
35.13A.0301
improvement district thereof. The city shall assume the obligation of causing the payment of the district’s indebtedness,
collecting the district’s taxes, assessments, and charges, and
observing and performing the other district contractual obligations. The legislative body of the city shall act as the officers of the district for the purpose of certifying the amount of
any property tax to be levied and collected therein, and causing service and other charges and assessments to be collected
from the property or owners or occupants thereof, enforcing
the collection and performing all other acts necessary to
ensure performance of the district’s contractual obligations in
the same manner and by the same means as if the territory of
the district had not been included within the boundaries of a
city.
When a city assumes the obligation of paying the outstanding indebtedness, and if property taxes or assessments
have been levied and service and other charges have accrued
for this purpose but have not been collected by the district
prior to the assumption, the same when collected shall belong
and be paid to the city and be used by the city so far as necessary for payment of the indebtedness of the district existing
and unpaid on the date the city assumes the indebtedness.
Any funds received by the city which have been collected for
the purpose of paying any bonded or other indebtedness of
the district, shall be used for the purpose for which they were
collected and for no other purpose. Any outstanding indebtedness shall be paid as provided in the terms, conditions, and
covenants of the indebtedness. All funds of the district on
deposit with the county treasurer at the time of title transfer
shall be used by the city solely for the benefit of the assumed
utility and shall not be transferred to or used for the benefit of
the city’s general fund. [1999 c 153 § 28; 1998 c 326 § 2;
1971 ex.s. c 95 § 2.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Effective date—1998 c 326: See note following RCW 35.13A.010.
35.13A.030 Assumption of control if sixty percent or
more of area or valuation within city. Whenever a portion
of a district equal to at least sixty percent of the area or sixty
percent of the assessed valuation of the real property lying
within such district, is included within the corporate boundaries of a city, the city may assume by ordinance the full and
complete management and control of that portion of the
entire district not included within another city, whereupon the
provisions of RCW 35.13A.020 shall be operative; or the city
may proceed directly under the provisions of RCW
35.13A.050. [1999 c 153 § 29; 1971 ex.s. c 95 § 3.]
35.13A.030
Part headings not law—1999 c 153: See note following RCW
57.04.050.
35.13A.0301 Assumption of water-sewer district
before July 1, 1999—Limitations. During the period commencing with April 3, 1998, and running through July 1,
1999, a city may not assume jurisdiction of all or a portion of
a water - se we r d istr ic t un d e r R CW 3 5. 1 3 A. 03 0 or
35.13A.040, unless voters of the entire water-sewer district
approve a ballot proposition authorizing the assumption
under general election law with the city paying for the election costs, and during the same period a water-sewer district
may not:
35.13A.0301
[Title 35 RCW—page 43]
35.13A.040
Title 35 RCW: Cities and Towns
(1) Merge or consolidate with another water-sewer district unless each city that is partially included within any of
the districts proposing to merge or consolidate indicates that
it has no interest in assuming jurisdiction of the district; or
(2) Take any action that would establish different contractual obligations, requirements for retiring indebtedness,
authority to issue debt in parity with the district’s existing
outstanding indebtedness, rates of compensation, or terms of
employment contracts, if a city assumes jurisdiction of all or
a portion of the district. Nothing in this subsection shall be
construed to prevent a district from issuing obligations on a
parity with its outstanding obligations, to repeat terms and
conditions of obligations provided with respect to earlier parity obligations, or to provide covenants that are customary for
obligations of similar utilities whether those utilities are operated by cities or special purpose districts. [1998 c 326 § 3.]
Effective date—1998 c 326: See note following RCW 35.13A.010.
35.13A.040 Assumption of control if less than sixty
percent of area or valuation within city. Whenever the
portion of a district included within the corporate boundaries
of a city is less than sixty percent of the area of the district
and less than sixty percent of the assessed valuation of the
real property within the district, the city may elect to proceed
under the provisions of RCW 35.13A.050. [1999 c 153 § 30;
1971 ex.s. c 95 § 4.]
35.13A.040
Part headings not law—1999 c 153: See note following RCW
57.04.050.
35.13A.050 Territory containing facilities within or
without city—Duties of city or district—Rates and
charges—Assumption of responsibility—Outstanding
indebtedness—Properties and rights. When electing under
RCW 35.13A.030 or 35.13A.040 to proceed under this section, the city may assume, by ordinance, jurisdiction of the
district’s responsibilities, property, facilities and equipment
within the corporate limits of the city: PROVIDED, That if
on the effective date of such an ordinance the territory of the
district included within the city contains any facilities serving
or designed to serve any portion of the district outside the
corporate limits of the city or if the territory lying within the
district and outside the city contains any facilities serving or
designed to serve territory included within the city (which
facilities are hereafter in this section called the "serving facilities"), the city or district shall for the economically useful
life of any such serving facilities make available sufficient
capacity therein to serve the sewage or water requirements of
such territory, to the extent that such facilities were designed
to serve such territory at a rate charged to the municipality
being served which is reasonable to all parties.
In the event a city proceeds under this section, the district
may elect upon a favorable vote of a majority of all voters
within the district voting upon such propositions to require
the city to assume responsibility for the operation and maintenance of the district’s property, facilities and equipment
throughout the entire district and to pay the city a charge for
such operation and maintenance which is reasonable under
all of the circumstances.
A city acquiring property, facilities and equipment under
the provisions of this section shall acquire such property,
facilities and equipment, and fix and collect service and other
35.13A.050
[Title 35 RCW—page 44]
charges from owners and occupants of properties served by
the city, subject, to any contractual obligations of the district
which relate to the property, facilities, or equipment so
acquired by the city or which are secured by taxes, assessments or revenues from the territory of the district included
within the city. In such cases, the property included within
the city and the owners and occupants thereof shall continue
to be liable for payment of its and their proportionate share of
any outstanding district indebtedness. The district and its
officers shall continue to levy taxes and assessments on and
to collect service and other charges from such property, or
owners or occupants thereof, to enforce such collections, and
to perform all other acts necessary to insure performance of
the district’s contractual obligations in the same manner and
by the same means as if the territory of the district had not
been included within the boundaries of a city. [1971 ex.s. c
95 § 5.]
35.13A.060 District in more than one city—Assumption of responsibilities—Duties of cities. Whenever more
than one city, in whole or in part, is included within a district,
the city which has within its boundaries sixty percent or more
of the area of the assessed valuation of the district (in this section referred to as the "principal city") may, with the approval
of any other city containing part of such district, assume
responsibility for operation and maintenance of the district’s
property, facilities and equipment within such other city and
make and enforce such charges for operation, maintenance
and retirement of indebtedness as may be reasonable under
all the circumstances.
Any other city having less than sixty percent in area or
assessed valuation of such district, within its boundaries may
install facilities and create local improvement districts or otherwise finance the cost of installation of such facilities and if
such facilities have been installed in accordance with reasonable standards fixed by the principal city, such other city may
connect such facilities to the utility system of such district
operated by the principal city upon providing for payment by
the owners or occupants of properties served thereby, of such
charges established by the principal city as may be reasonable under the circumstances. [1999 c 153 § 31; 1971 ex.s. c
95 § 6.]
35.13A.060
Part headings not law—1999 c 153: See note following RCW
57.04.050.
35.13A.070 Contracts. Notwithstanding any provision
of this chapter to the contrary, one or more cities and one or
more districts may, through their legislative authorities,
authorize a contract with respect to the rights, powers, duties,
and obligation of such cities, or districts with regard to the
use and ownership of property, the providing of services, the
maintenance and operation of facilities, allocation of cost,
financing and construction of new facilities, application and
use of assets, disposition of liabilities and debts, the performance of contractual obligations, and any other matters arising out of the inclusion, in whole or in part, of the district or
districts within any city or cities, or the assumption by the
city of jurisdiction of a district under *RCW 35.13A.110. The
contract may provide for the furnishing of services by any
party thereto and the use of city or district facilities or real
estate for such purpose, and may also provide for the time
35.13A.070
(2008 Ed.)
Water or Sewer Districts—Assumption of Jurisdiction
during which such district or districts may continue to exercise any rights, privileges, powers, and functions provided by
law for such district or districts as if the district or districts or
portions thereof were not included within a city or were not
subject to an assumption of jurisdiction under *RCW
35.13A.110, including but not by way of limitation, the right
to promulgate rules and regulations, to levy and collect special assessments, rates, charges, service charges, and connection fees, to adopt and carry out the provisions of a comprehensive plan, and amendments thereto, for a system of
improvements, and to issue general obligation bonds or revenue bonds in the manner provided by law. The contract may
provide for the transfer to a city of district facilities, property,
rights, and powers as provided in RCW 35.13A.030,
35.13A.050, and *35.13A.110, whether or not sixty percent
or any of the area or assessed valuation of real estate lying
within the district or districts is included within such city.
The contract may provide that any party thereto may authorize, issue, and sell revenue bonds to provide funds for new
water or sewer improvements or to refund any water revenue,
sewer revenue, or combined water and sewer revenue bonds
outstanding of any city, or district which is a party to such
contract if such refunding is deemed necessary, providing
such refunding will not increase interest costs. The contract
may provide that any party thereto may authorize and issue,
in the manner provided by law, general obligation or revenue
bonds of like amounts, terms, conditions, and covenants as
the outstanding bonds of any other party to the contract, and
such new bonds may be substituted or exchanged for such
outstanding bonds. However, no such exchange or substitution shall be effected in such a manner as to impair the obligation or security of any such outstanding bonds. [1997 c
426 § 2; 1971 ex.s. c 95 § 7.]
*Reviser’s note: RCW 35.13A.110 expired December 31, 1998.
35.13A.080
35.13A.080 Dissolution of water district or sewer district. In any of the cases provided for in RCW 35.13A.020,
35.13A.030, 35.13A.050, and *35.13A.110, and notwithstanding any other method of dissolution provided by law,
dissolution proceedings may be initiated by either the city or
the district, or both, when the legislative body of the city and
the governing body of the district agree to, and petition for,
dissolution of the district.
The petition for dissolution shall be signed by the chief
administrative officer of the city and the district, upon authorization of the legislative body of the city and the governing
body of the district, respectively and such petition shall be
presented to the superior court of the county in which the city
is situated.
If the petition is thus authorized by both the city and district, and title to the property, facilities, and equipment of the
district has passed to the city pursuant to action taken under
this chapter, all indebtedness and local improvement district
or utility local improvement district assessments of the district have been discharged or assumed by and transferred to
the city, and the petition contains a statement of the distribution of assets and liabilities mutually agreed upon by the city
and the district and a copy of the agreement between such
city and the district is attached thereto, a hearing shall not be
required and the court shall, if the interests of all interested
(2008 Ed.)
35.13A.100
parties have been protected, enter an order dissolving the district.
In any of the cases provided for in RCW 35.13A.020,
35.13A.030, and *35.13A.110, if the petition for an order of
dissolution is signed on behalf of the city alone or the district
alone, or there is no mutual agreement on the distribution of
assets and liabilities, the superior court shall enter an order
fixing a hearing date not less than sixty days from the day the
petition is filed, and the clerk of the court of the county shall
give notice of such hearing by publication in a newspaper of
general circulation in the district once a week for three successive weeks and by posting in three public places in the district at least twenty-one days before the hearing. The notice
shall set forth the filing of the petition, its purposes, and the
date and place of hearing thereon.
After the hearing the court shall enter its order with
respect to the dissolution of the district. If the court finds that
such district should be dissolved and the functions performed
by the city, the court shall provide for the transfer of assets
and liabilities to the city. The court may provide for the dissolution of the district upon such conditions as the court may
deem appropriate. A certified copy of the court order dissolving the district shall be filed with the county auditor. If the
court does not dissolve the district, it shall state the reasons
for declining to do so. [1997 c 426 § 3; 1971 ex.s. c 95 § 8.]
*Reviser’s note: RCW 35.13A.110 expired December 31, 1998.
35.13A.090 Employment and rights of district
employees. Whenever a city acquires all of the facilities of a
district, pursuant to this chapter, such a city shall offer to
employ every full time employee of the district who is
engaged in the operation of such a district’s facilities on the
date on which such city acquires the district facilities. When
a city acquires any portion of the facilities of such a district,
such a city shall offer to employ full time employees of the
district as of the date of the acquisition of the facilities of the
district who are not longer needed by the district.
Whenever a city employs a person who was employed
immediately prior thereto by the district, arrangements shall
be made:
(1) For the retention of all sick leave standing to the
employee’s credit in the plan of such district.
(2) For a vacation with pay during the first year of
employment equivalent to that to which he would have been
entitled if he had remained in the employment of the district.
[1999 c 153 § 32; 1971 ex.s. c 95 § 9.]
35.13A.090
Part headings not law—1999 c 153: See note following RCW
57.04.050.
35.13A.100 Assumption of substandard water system—Limited immunity from liability. A city assuming
responsibility for a water system that is not in compliance
with state or federal requirements for public drinking water
systems, and its agents and employees, are immune from
lawsuits or causes of action, based on noncompliance with
state or federal requirements for public drinking water systems, which predate the date of assuming responsibility and
continue after the date of assuming responsibility, provided
that the city has submitted and is complying with a plan and
schedule of improvements approved by the department of
health. This immunity shall expire on the earlier of the date
35.13A.100
[Title 35 RCW—page 45]
35.13A.111
Title 35 RCW: Cities and Towns
the plan of improvements is completed or four years from the
date of assuming responsibility. This immunity does not
apply to intentional injuries, fraud, or bad faith. [1994 c 292
§ 5.]
Findings—Intent—1994 c 292: See note following RCW 57.04.050.
35.13A.111 Assumption of water-sewer district with
fewer than two hundred fifty customers. The board of
commissioners of a water-sewer district, with fewer than two
hundred fifty customers on July 24, 2005, and the city council
of a code city with a population greater than one hundred
thousand on July 24, 2005, may provide for assumption by
the city of the district in accordance with RCW 35.13A.020,
except as provided herein, pursuant to the terms and conditions of a contract executed in accordance with RCW
35.13A.070. None of the territory of the water-sewer district
need be included within the territory of the city. The contract
and assumption shall be approved by resolution of the board
of commissioners and ordinance of the city council. If the
water-sewer district has no indebtedness or monetary obligations on the date of assumption, the city shall use any surplus
funds only for water services delivered to and water facilities
constructed in the former territory of the district, unless provided otherwise in the contract. In connection with the
assumption, the water-sewer district or the city, or both, may
provide for dissolution of the district pursuant to RCW
35.13A.080. [2005 c 43 § 1.]
35.13A.111
35.13A.900 Severability—1971 ex.s. c 95. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1971 ex.s. c 95 § 12.]
35.13A.900
Chapter 35.14 RCW
COMMUNITY MUNICIPAL CORPORATIONS
Chapter 35.14
of the population of the annexing city or town; or (3) the service area has a minimum population of not less than one
thousand inhabitants.
Whenever two or more cities are consolidated pursuant
to the provisions of chapter 35.10 RCW, a community
municipal corporation may be organized within one or more
of the consolidating cities.
No territory shall be included in the service area of more
than one community municipal corporation. Whenever a new
community municipal corporation is formed embracing all of
the territory of an existing community municipal corporation,
the prior existing community municipal corporation shall be
deemed to be dissolved on the effective date of the new corporation. [1993 c 75 § 1; 1985 c 281 § 24; 1967 c 73 § 1.]
Severability—1985 c 281: See RCW 35.10.905.
35.14.020 Community council—Membership—Election—Terms. A community municipal corporation shall be
governed by a community council composed of five members. Initial council members shall be elected concurrently
with the annexation election to consecutively numbered positions from qualified electors residing within the service area.
Declarations of candidacy and withdrawals shall be in the
same manner as is provided for members of the city council
or other legislative body of the city to which annexation is
proposed. Subsequent council membership shall be the same
in number as the initial council and such members shall be
elected to consecutively numbered positions at the continuation election pursuant to RCW 35.14.060 from qualified electors residing within the service area.
Terms of original council members shall be coexistent
with the original term of existence of the community municipal corporation and until their successors are elected and
qualified. Vacancies in any council shall be filled for the
remainder of the unexpired term by a majority vote of the
remaining members. [1985 c 281 § 25; 1967 c 73 § 2.]
35.14.020
Severability—1985 c 281: See RCW 35.10.905.
Sections
35.14.010
35.14.020
35.14.030
35.14.040
35.14.050
35.14.060
When community municipal corporation may be organized—
Service areas—Territory.
Community council—Membership—Election—Terms.
Community council—Employees—Office—Officers—Quorum—Meetings—Compensation and expenses.
Ordinances or resolutions of city applying to land, buildings or
structures within corporation, effectiveness—Zoning ordinances, resolutions or land use controls to remain in effect
upon annexation or consolidation—Comprehensive plan.
Powers and duties of community municipal corporation.
Original term of existence of community municipal corporation—Continuation of existence—Procedure.
35.14.010 When community municipal corporation
may be organized—Service areas—Territory. Whenever
unincorporated territory is annexed by a city or town pursuant to the provisions of chapter 35.13 RCW, or whenever
unincorporated territory is annexed to a code city pursuant to
the provisions of chapter 35A.14 RCW, community municipal corporations may be organized for the territory comprised
of all or a part of an unincorporated area annexed to a city or
town pursuant to chapter 35.13 or 35A.14 RCW, if: (1) The
service area is such as would be eligible for incorporation as
a city or town; or (2) the service area has a minimum population of not less than three hundred inhabitants and ten percent
35.14.010
[Title 35 RCW—page 46]
35.14.030 Community council—Employees—
Office—Officers—Quorum—Meetings—Compensation
and expenses. Each community council shall be staffed by a
deputy to the city clerk of the city with which the service area
is consolidated or annexed and shall be provided with such
other clerical and technical assistance and a properly
equipped office as may be necessary to carry out its functions.
Each community council shall elect a chairman and vice
chairman from its membership. A majority of the council
shall constitute a quorum. Each action of the community
municipal corporation shall be by resolution approved by
vote of the majority of all the members of the community
council. Meetings shall be held at such times and places as
provided in the rules of the community council. Members of
the community council shall receive no compensation.
The necessary expenses of the community council shall
be budgeted and paid by the city. [1967 c 73 § 3.]
35.14.030
35.14.040 Ordinances or resolutions of city applying
to land, buildings or structures within corporation, effectiveness—Zoning ordinances, resolutions or land use con35.14.040
(2008 Ed.)
Community Municipal Corporations
trols to remain in effect upon annexation or consolidation—Comprehensive plan. The adoption, approval, enactment, amendment, granting or authorization by the city
council or commission of any ordinance or resolution applying to land, buildings or structures within any community
council corporation shall become effective within such community municipal corporation either on approval by the community council, or by failure of the community council to disapprove within sixty days of final enactment, with respect to
the following:
(1) Comprehensive plan;
(2) Zoning ordinance;
(3) Conditional use permit, special exception or variance;
(4) Subdivision ordinance;
(5) Subdivision plat;
(6) Planned unit development.
Disapproval by the community council shall not affect
the application of any ordinance or resolution affecting areas
outside the community municipal corporation.
Upon annexation or consolidation, pending the effective
enactment or amendment of a zoning or land use control ordinance, without disapproval of the community municipal corporation, affecting land, buildings, or structures within a
community municipal corporation, the zoning ordinance, resolution or land use controls applicable to the annexed or consolidated area, prior to the annexation or consolidation, shall
remain in effect within the community municipal corporation
and be enforced by the city to which the area is annexed or
consolidated.
Whenever the comprehensive plan of the city, insofar as
it affects the area of the community municipal corporation
has been submitted as part of an annexation proposition and
approved by the voters of the area proposed for annexation
pursuant to chapter 88, Laws of 1965 extraordinary session,
such action shall have the same force and effect as approval
by the community council of the comprehensive plan, zoning
ordinance and subdivision ordinance. [1967 c 73 § 4.]
35.14.050 Powers and duties of community municipal corporation. In addition to powers and duties relating to
approval of zoning regulations and restrictions as set forth in
RCW 35.14.040, a community municipal corporation acting
through its community council may:
(1) Make recommendations concerning any proposed
comprehensive plan or other proposal which directly or indirectly affects the use of property or land within the service
area;
(2) Provide a forum for consideration of the conservation, improvement or development of property or land within
the service area; and
(3) Advise, consult, and cooperate with the legislative
authority of the city on any local matters directly or indirectly
affecting the service area. [1967 c 73 § 5.]
35.14.050
35.14.060 Original term of existence of community
municipal corporation—Continuation of existence—Procedure. The original terms of existence of any community
municipal corporation shall be for at least four years and until
35.14.060
(2008 Ed.)
35.14.060
the first Monday in January next following a regular municipal election held in the city.
Any such community municipal corporation may be
continued thereafter for additional periods of four years’
duration with the approval of the voters at an election held
and conducted in the manner provided for in this section.
Authorization for a community municipal corporation to
continue its term of existence for each additional period of
four years may be initiated pursuant to a resolution or a petition in the following manner:
(1) A resolution praying for such continuation may be
adopted by the community council and shall be filed not less
than seven months prior to the end of the term of existence of
such corporation with the city council or other legislative
body of the city in which the service area is located.
(2) A petition for continuation shall be signed by at least
ten percent of the registered voters residing within the service
area and shall be filed not less than six months prior to the
end of the term of existence of such corporation with the city
council or other legislative body of the city in which the service area is located.
At the same election at which a proposition is submitted
to the voters of the service area for the continuation of the
community municipal corporation for an additional period of
four years, the community council members of such municipal corporation shall be elected. The positions on such council shall be the same in number as the original or initial council and shall be numbered consecutively and elected at large.
Declarations of candidacy and withdrawals shall be in the
same manner as is provided for members of the city council
or other legislative body of the city.
Upon receipt of a petition, the city clerk shall examine
the signatures thereon and certify to the sufficiency thereof.
No person may withdraw his name from a petition after it has
been filed.
Upon receipt of a valid resolution or upon duly certifying
a petition for continuation of a community municipal corporation, the city clerk with whom the resolution or petition was
filed shall cause a proposition on continuation of the term of
existence of the community municipal corporation to be
placed on the ballot at the next city general election. No person shall be eligible to vote on such proposition at such election unless he is a qualified voter and resident of the service
area.
The ballots shall contain the words "For continuation of
community municipal corporation" and "Against continuation of community municipal corporation" or words equivalent thereto, and shall also contain the names of the candidates to be voted for to fill the positions on the community
council. The names of all candidates to be voted upon shall be
printed on the ballot alphabetically in groups under the numbered position on the council for which they are candidates.
If the results of the election as certified by the county
canvassing board reveal that a majority of the votes cast are
for continuation, the municipal corporation shall continue in
existence for an additional period of four years, and certificates of election shall be issued to the successful candidates
who shall assume office at the same time as members of the
city council or other legislative body of the city. [1967 c 73
§ 6.]
[Title 35 RCW—page 47]
Chapter 35.16
Chapter 35.16
Title 35 RCW: Cities and Towns
Chapter 35.16 RCW
REDUCTION OF CITY LIMITS
Sections
35.16.001
35.16.010
35.16.030
35.16.040
35.16.050
35.16.060
35.16.070
Actions subject to review by boundary review board.
Petition, resolution for election.
Canvassing the returns—Abstract of vote.
Ordinance to reduce boundaries.
Recording of ordinance and plat on effective date of reduction.
Effect of exclusion as to liability for indebtedness.
Previously granted franchises in excluded territory.
35.16.001 Actions subject to review by boundary
review board. Actions taken under chapter 35.16 RCW may
be subject to potential review by a boundary review board
under chapter 36.93 RCW. [1989 c 84 § 29.]
35.16.001
35.16.010 Petition, resolution for election. Upon the
filing of a petition which is sufficient as determined by RCW
35A.01.040 requesting the exclusion from the boundaries of
a city or town of an area described by metes and bounds or by
reference to a recorded plat or government survey, signed by
qualified voters of the city or town equal in number to not less
than ten percent of the number of voters voting at the last general municipal election, the city or town legislative body shall
submit the question to the voters. As an alternate method, the
legislative body of the city or town may by resolution submit
a proposal to the voters for excluding such a described area
from the boundaries of the city or town. The question shall be
submitted at the next general municipal election if one is to
be held within one hundred eighty days or at a special election called for that purpose not less than ninety days nor more
than one hundred eighty days after the certification of sufficiency of the petition or the passage of the resolution. The
petition or resolution shall set out and describe the territory to
be excluded from the city or town, together with the boundaries of the city or town as it will exist after such change is
made. [1994 c 273 § 1; 1965 c 7 § 35.16.010. Prior: (i) 1895
c 93 § 1, part; RRS § 8902, part. (ii) 1895 c 93 § 4, part; RRS
§ 8905, part.]
35.16.010
Times for holding elections: RCW 29A.04.311 through 29A.04.330.
after excluding the area as determined by the election. The
ordinance shall also describe the excluded territory by metes
and bounds or by reference to a recorded plat or government
survey and declare it no longer a part of the city or town.
[1994 c 273 § 4; 1965 c 7 § 35.16.040. Prior: 1895 c 93 § 2;
RRS § 8903.]
35.16.050 Recording of ordinance and plat on effective date of reduction. A certified copy of the ordinance
defining the reduced city or town limits together with a map
showing the corporate limits as altered shall be filed in accordance with *RCW 29.15.026 and recorded in the office of the
county auditor of the county in which the city or town is situated, upon the effective date of the ordinance. The new
boundaries of the city or town shall take effect immediately
after they are filed and recorded with the county auditor.
[1996 c 286 § 3; 1994 c 273 § 5; 1965 c 7 § 35.16.050. Prior:
1895 c 93 § 3; RRS § 8904.]
35.16.050
*Reviser’s note: RCW 29.15.026 was recodified as RCW 29A.76.020
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
35.16.060 Effect of exclusion as to liability for indebtedness. The exclusion of an area from the boundaries of a
city or town shall not exempt any real property therein from
taxation for the purpose of paying any indebtedness of the
city or town existing at the time of its exclusion, and the interest thereon. [1965 c 7 § 35.16.060. Prior: 1895 c 93 § 4, part;
RRS § 8905, part.]
35.16.060
35.16.070 Previously granted franchises in excluded
territory. In regard to franchises previously granted for
operation of any public service business or facility within the
territory excluded from a city or town by proceedings under
this chapter, the rights, obligations, and duties of the legislative body of the county or other political subdivision having
jurisdiction over such territory and of the franchise holder
shall be as provided in RCW 35.02.160, relating to inclusion
of territory by an incorporation. [1994 c 273 § 6.]
35.16.070
Chapter 35.17 RCW
COMMISSION FORM OF GOVERNMENT
Chapter 35.17
35.16.030 Canvassing the returns—Abstract of vote.
The election returns shall be canvassed as provided in *RCW
29.13.040. If three-fifths of the votes cast on the proposition
favor the reduction of the corporate limits, the legislative
body of the city or town, by an order entered on its minutes,
shall direct the clerk to make and transmit to the office of the
secretary of state a certified abstract of the vote. The abstract
shall show the total number of voters voting, the number of
votes cast for reduction and the number of votes cast against
reduction. [1994 c 273 § 3; 1965 c 7 § 35.16.030. Prior:
1895 c 93 § 1, part; RRS § 8902, part.]
35.16.030
Sections
Canvassing returns, generally: Chapter 29A.60 RCW.
35.17.010
35.17.020
35.17.030
35.17.035
35.17.040
35.17.050
35.17.060
35.17.070
35.17.080
35.17.090
35.17.100
35.17.105
35.17.108
35.17.120
35.17.130
Conduct of election—Canvass: RCW 29A.60.010.
35.17.150
35.16.040 Ordinance to reduce boundaries. Promptly
after the filing of the abstract of votes with the office of the
secretary of state, the legislative body of the city or town shall
adopt an ordinance defining and fixing the corporate limits
35.17.170
35.17.180
35.17.190
35.17.200
35.17.210
35.17.220
*Reviser’s note: RCW 29.13.040 was recodified as RCW 29A.60.010
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
35.16.040
[Title 35 RCW—page 48]
Definition of commission form.
Elections—Terms of commissioners—Vacancies.
Laws applicable.
Second-class cities, parking meter revenue for revenue bonds.
Offices.
Meetings.
President.
Vice president.
Employees of commission.
Distribution of powers—Assignment of duties.
Bonds of commissioners and employees.
Clerk may take acknowledgments.
Salaries of mayor and commissioners.
Officers and employees—Salaries and wages.
Officers and employees—Creation—Removal—Changes in
compensation.
Officers and employees—Passes, free services prohibited,
exceptions—Penalty.
Financial statements—Monthly—Annual.
Legislative power—How exercised.
Legislative ordinances and resolutions.
Legislative—Appropriations of money.
Legislative—Street improvements.
Legislative—Franchises—Referendum.
(2008 Ed.)
Commission Form of Government
35.17.230
35.17.240
35.17.250
35.17.260
35.17.270
35.17.280
35.17.290
35.17.300
35.17.310
35.17.330
35.17.340
35.17.350
35.17.360
35.17.370
35.17.380
35.17.390
35.17.400
35.17.410
35.17.420
35.17.430
35.17.440
35.17.450
35.17.460
Legislative—Ordinances—Time of going into effect.
Legislative—Referendum—Filing suspends ordinance.
Legislative—Referendum—Petitions and conduct of elections.
Legislative—Ordinances by initiative petition.
Legislative—Initiative petition—Submission procedures.
Legislative—Initiative petition—Checking by clerk.
Legislative—Initiative petition—Appeal to court.
Legislative—Initiative—Conduct of election.
Legislative—Initiative—Notice of election.
Legislative—Initiative—Effective date—Record.
Legislative—Initiative—Repeal or amendment.
Legislative—Initiative—Repeal or amendment—Method.
Legislative—Initiative—Repeal or amendment—Record.
Organization on commission form—Eligibility—Census.
Organization—Petition.
Organization—Ballots.
Organization—Election of officers—Term.
Organization—Effect on ordinances—Boundaries—Property.
Organization—Revision of appropriations.
Abandonment of commission form.
Abandonment—Method.
Abandonment—Conduct of election—Canvass.
Abandonment—Effect.
Imposition or increase of business and occupation tax—Referendum procedure required—Exclusive procedure: RCW 35.21.706.
Population determinations: Chapter 43.62 RCW.
35.17.010 Definition of commission form. The commission form of city government means a city government in
which the legislative powers and duties are exercised by a
commission of three, consisting of a mayor, a commissioner
of finance and accounting, and a commissioner of streets and
public improvements, and in which the executive and administrative powers and duties are distributed among the three
departments as follows:
(1) Department of public safety of which the mayor shall
be the superintendent;
(2) Department of finance and accounting of which the
commissioner of finance and accounting shall be the superintendent;
(3) Department of streets and public improvements of
which the commissioner of streets and public improvement
shall be the superintendent. [1965 c 7 § 35.17.010. Prior: (i)
1911 c 116 § 11, part; RRS § 9100, part. (ii) 1943 c 25 § 3,
part; 1911 c 116 § 12, part; Rem. Supp. 1943 § 9101, part.]
35.17.010
35.17.020 Elections—Terms of commissioners—
Vacancies. (1) All regular elections in cities organized under
the statutory commission form of government shall be held
quadrennially in the odd-numbered years on the dates provided in *RCW 29.13.020. However, after commissioners
are elected at the next general election occurring in 1995 or
1997, regular elections in cities organized under a statutory
commission form of government shall be held biennially at
municipal general elections.
(2) The commissioners shall be nominated and elected at
large. Their terms shall be for four years and until their successors are elected and qualified and assume office in accordance with *RCW 29.04.170. However, at the next regular
election of a city organized under a statutory commission
form of government, the terms of office of commissioners
shall occur with the person who is elected as a commissioner
receiving the least number of votes being elected to a twoyear term of office and the other two persons who are elected
being elected to four-year terms of office. Thereafter, commissioners shall be elected to four-year terms of office.
35.17.020
(2008 Ed.)
35.17.080
(3) Vacancies on a commission shall occur and shall be
filled as provided in chapter 42.12 RCW, except that in every
instance a person shall be elected to fill the remainder of the
unexpired term at the next general municipal election that
occurs twenty-eight or more days after the occurrence of the
vacancy. [1994 c 223 § 10; 1994 c 119 § 1; 1979 ex.s. c 126
§ 17; 1965 c 7 § 35.17.020. Prior: 1963 c 200 § 12; 1959 c 86
§ 2; 1955 c 55 § 9; prior: (i) 1911 c 116 § 5; RRS § 9094. (ii)
1943 c 25 § 1, part; 1911 c 116 § 3, part; Rem. Supp. 1943 §
9092, part.]
Reviser’s note: *(1) RCW 29.13.020 and 29.04.170 were recodified as
RCW 29A.04.330 and 29A.20.040 pursuant to 2003 c 111 § 2401, effective
July 1, 2004.
(2) This section was amended by 1994 c 119 § 1 and by 1994 c 223 §
10, each without reference to the other. Both amendments are incorporated
in the publication of this section pursuant to RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
35.17.030 Laws applicable. Cities organized under the
commission form have all the powers of cities of the second
class and shall be governed by the statutes applicable to cities
of that class to the extent to which they are appropriate and
not in conflict with provisions specifically applicable to cities
organized under the commission form. [1965 c 7 §
35.17.030. Prior: (i) 1911 c 116 § 11, part; RRS § 9100, part.
(ii) 1911 c 116 § 4, part; RRS § 9093, part.]
35.17.030
Second-class cities: Chapter 35.23 RCW.
35.17.035 Second-class cities, parking meter revenue
for revenue bonds. See RCW 35.23.454.
35.17.035
35.17.040 Offices. The commission shall have and
maintain an office at the city hall, or such other place as the
city may provide. [1965 c 7 § 35.17.040. Prior: 1955 c 309
§ 3; prior: 1943 c 25 § 4, part; 1911 c 116 § 14, part; Rem.
Supp. 1943 § 9103, part.]
35.17.040
35.17.050 Meetings. Regular meetings of the commission shall be held on the second Monday after the election of
the commissioners and thereafter at least once each week on
a day to be fixed by ordinance. Special meetings may be
called by the mayor or two commissioners. All meetings of
the commission shall be open to the public. [1965 c 7 §
35.17.050. Prior: 1911 c 116 § 15, part; RRS § 9104, part.]
35.17.050
35.17.060 President. The mayor shall be president of
the commission. He shall preside at its meetings when
present and shall oversee all departments and recommend to
the commission, action on all matters requiring attention in
any department. [1965 c 7 § 35.17.060. Prior: 1911 c 116 §
15, part; RRS § 9104, part.]
35.17.060
35.17.070 Vice president. The commissioner of
finance and accounting shall be vice president of the commission. In the absence or inability of the mayor, he shall perform the duties of president. [1965 c 7 § 35.17.070. Prior:
1911 c 116 § 15, part; RRS § 9104, part.]
35.17.070
35.17.080 Employees of commission. The commission
shall appoint by a majority vote a city clerk and such other
35.17.080
[Title 35 RCW—page 49]
35.17.090
Title 35 RCW: Cities and Towns
officers and employees as the commission may by ordinance
provide. Any officer or employee appointed by the commission may be discharged at any time by vote of a majority of
the members of the commission. Any commissioner may perform any duties pertaining to his department but without
additional compensation therefor. [1965 c 7 § 35.17.080.
Prior: 1943 c 25 § 3, part; 1911 c 116 § 12, part; Rem. Supp.
1943 § 9101, part.]
35.17.090 Distribution of powers—Assignment of
duties. The commission by ordinance shall determine what
powers and duties are to be performed in each department,
shall prescribe the powers and duties of the various officers
and employees and make such rules and regulations for the
efficient and economical conduct of the business of the city
as it may deem necessary and proper. The commission may
assign particular officers and employees to one or more
departments and may require an officer or employee to perform duties in two or more departments. [1965 c 7 §
35.17.090. Prior: 1911 c 116 § 11, part; RRS § 9100, part.]
shall have power from time to time to create, fill and discontinue offices and employments other than those herein prescribed, according to their judgment of the needs of the city;
and may, by majority vote of all the members, remove any
such officer or employees, except as otherwise provided for
in this chapter; and may by resolution, or otherwise, prescribe, limit or change the compensation of such officers or
employees. [1965 c 7 § 35.17.130. Prior: 1911 c 116 § 13;
RRS § 9102.]
35.17.090
35.17.100 Bonds of commissioners and employees.
Every member of the city commission, before qualifying,
shall give a good and sufficient bond to the city in a sum
equivalent to five times the amount of his or her annual salary, conditioned for the faithful performance of the duties of
his or her office. The bonds must be approved by a judge of
the superior court for the county in which the city is located
and filed with the clerk thereof. The commission, by resolution, may require any of its appointees to give bond to be
fixed and approved by the commission and filed with the
mayor. [2007 c 218 § 65; 1965 c 7 § 35.17.100. Prior: 1911
c 116 § 6; RRS § 9095.]
35.17.100
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
35.17.105 Clerk may take acknowledgments. The
clerk or deputy clerk of any city having a commission form of
government shall, without charge, take acknowledgments
and administer oaths required by law on all claims and
demands against the city. [1965 c 7 § 35.17.105.]
35.17.105
35.17.108 Salaries of mayor and commissioners. The
annual salaries of the mayor and the commissioners of any
city operating under a commission form of government shall
be as fixed by charter or ordinance of said city. The power
and authority conferred by this section shall be construed as
in addition and supplemental to powers or authority conferred by any other law, and nothing contained herein shall be
construed as limiting any other powers or authority of any
such city. [1967 c 100 § 1.]
35.17.108
35.17.120 Officers and employees—Salaries and
wages. All appointive officers and employees shall receive
such compensation as the commission shall fix by ordinance,
payable monthly or at such shorter periods as the commission
may determine. [1965 c 7 § 35.17.120. Prior: 1943 c 25 § 4,
part; 1911 c 116 § 14, part; Rem. Supp. 1943 § 9103, part.]
35.17.120
35.17.130 Officers and employees—Creation—
Removal—Changes in compensation. The commission
35.17.130
[Title 35 RCW—page 50]
35.17.150 Officers and employees—Passes, free services prohibited, exceptions—Penalty. No officer or
employee, elected or appointed, shall receive from any enterprise operating under a public franchise any frank, free ticket,
or free service or receive any service upon terms more favorable than are granted to the public generally: PROVIDED,
That the provisions of this section shall not apply to free
transportation furnished to policemen and firemen in uniform
nor to free service to city officials provided for in the franchise itself.
Any violation of the provisions of this section shall be a
misdemeanor. [1965 c 7 § 35.17.150. Prior: 1961 c 268 § 11;
prior: 1911 c 116 § 17, part; RRS § 9106, part.]
35.17.150
35.17.170 Financial statements—Monthly—Annual.
The commission shall each month print in pamphlet form a
detailed itemized statement of all receipts and expenses of the
city and a summary of its proceedings during the preceding
month and furnish copies thereof to the state library, the city
library, the newspapers of the city, and to persons who apply
therefor at the office of the city clerk. At the end of each year
the commission shall cause a complete examination of all the
books and accounts of the city to be made by competent
accountants and shall publish the result of such examination
to be made in the manner above provided for publication of
statements of monthly expenditures. [1965 c 7 § 35.17.170.
Prior: 1911 c 116 § 18; RRS § 9107.]
35.17.170
35.17.180 Legislative power—How exercised. Each
member of the commission shall have the right to vote on all
questions coming before the commission. Two members of
the commission shall constitute a quorum and the affirmative
vote of at least two members shall be necessary to adopt any
motion, resolution, ordinance, or course of action.
Every measure shall be reduced to writing and read
before the vote is taken and upon every vote the yeas and
nays shall be called and recorded. [1965 c 7 § 35.17.180.
Prior: 1911 c 116 § 10, part; RRS § 9099, part.]
35.17.180
35.17.190 Legislative ordinances and resolutions.
Every resolution and ordinance adopted by the commission
shall be signed by the mayor or by two members of the commission and filed and recorded within five days of its passage. The mayor shall have no veto power. [1965 c 7 §
35.17.190. Prior: 1911 c 116 § 10, part; RRS § 9099, part.]
35.17.190
35.17.200 Legislative—Appropriations of money.
No money shall be appropriated except by ordinance and
every such ordinance complete in the form in which it is
finally passed shall remain on file with the city clerk for pub35.17.200
(2008 Ed.)
Commission Form of Government
lic inspection at least one week before final passage. [1965 c
7 § 35.17.200. Prior: 1911 c 116 § 16, part; RRS § 9105,
part.]
35.17.210 Legislative—Street improvements. Every
ordinance or resolution ordering any street improvement or
sewer complete in the form in which it is finally passed shall
remain on file with the city clerk for public inspection at least
one week before final passage. [1965 c 7 § 35.17.210. Prior:
1911 c 116 § 16, part; RRS § 9105, part.]
35.17.210
35.17.220 Legislative—Franchises—Referendum.
No franchise or right to occupy or use the streets, highways,
bridges or other public places shall be granted, renewed, or
extended except by ordinance and every such ordinance complete in the form in which it is finally passed shall remain on
file with the city clerk for at least one week before final passage and if the franchise or grant is for interurban or street
railways, gas or water works, electric light or power plants,
heating plants, telegraph or telephone systems or other public
service utilities, the ordinance must be submitted to a vote of
the people at a general or special election and approved by a
majority of those voting thereon. [1965 c 7 § 35.17.220.
Prior: 1911 c 116 § 16, part; RRS § 9105, part.]
35.17.220
Times for holding elections: RCW 29A.04.311 through 29A.04.330.
35.17.290
35.17.260 Legislative—Ordinances by initiative petition. Ordinances may be initiated by petition of registered
voters of the city filed with the commission. If the petition
accompanying the proposed ordinance is signed by the registered voters in the city equal in number to twenty-five percent
of the votes cast for all candidates for mayor at the last preceding city election, and if it contains a request that, unless
passed by the commission, the ordinance be submitted to a
vote of the registered voters of the city, the commission shall
either:
(1) Pass the proposed ordinance without alteration
within twenty days after the county auditor’s certificate of
sufficiency has been received by the commission; or
(2) Immediately after the county auditor’s certificate of
sufficiency for the petition is received, cause to be called a
special election to be held on the next election date, as provided in *RCW 29.13.020, that occurs not less than forty-five
days thereafter, for submission of the proposed ordinance
without alteration, to a vote of the people unless a general
election will occur within ninety days, in which event submission must be made on the general election ballot. [1996 c
286 § 4; 1965 c 7 § 35.17.260. Prior: 1911 c 116 § 21, part;
RRS § 9110, part.]
35.17.260
*Reviser’s note: RCW 29.13.020 was recodified as RCW 29A.04.330
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
35.17.270 Legislative—Initiative petition—Submission procedures. The petitioner preparing an initiative petition for submission to the commission shall follow the procedures established in RCW 35.21.005. [1996 c 286 § 5; 1965
c 7 § 35.17.270. Prior: (i) 1911 c 116 § 21, part; RRS § 9110,
part. (ii) 1911 c 116 § 20, part; RRS § 9109, part. (iii) 1911 c
116 § 24; RRS § 9113.]
35.17.270
35.17.230 Legislative—Ordinances—Time of going
into effect. Ordinances shall not go into effect before thirty
days from the time of final passage and are subject to referendum during the interim except:
(1) Ordinances initiated by petition;
(2) Ordinances necessary for immediate preservation of
public peace, health, and safety which contain a statement of
urgency and are passed by unanimous vote of all the commissioners;
(3) Ordinances providing for local improvement districts. [1965 c 7 § 35.17.230. Prior: (i) 1911 c 116 § 22, part;
RRS § 9111, part. (ii) 1911 c 116 § 21, part; RRS § 9110,
part.]
35.17.230
35.17.240 Legislative—Referendum—Filing suspends ordinance. Upon the filing of a referendum petition
praying therefor, the commission shall reconsider an ordinance subject to referendum and upon reconsideration shall
defeat it in its entirety or shall submit it to a vote of the people. The operation of an ordinance so protested against shall
be suspended until the referendum petition is finally found
insufficient or until the ordinance protested against has
received a majority of the votes cast thereon at the election.
[1965 c 7 § 35.17.240. Prior: 1911 c 116 § 22, part; RRS §
9111, part.]
35.17.280 Legislative—Initiative petition—Checking
by clerk. Within ten days from the filing of a petition submitting a proposed ordinance the city clerk shall ascertain
and append to the petition his certificate stating whether or
not it is signed by a sufficient number of registered voters,
using the registration records and returns of the preceding
municipal election for his sources of information, and the
commission shall allow him extra help for that purpose, if
necessary. If the signatures are found by the clerk to be insufficient the petition may be amended in that respect within ten
days from the date of the certificate. Within ten days after
submission of the amended petition the clerk shall make an
examination thereof and append his certificate thereto in the
same manner as before. If the second certificate shall also
show the number of signatures to be insufficient, the petition
shall be returned to the person filing it. [1965 c 7 §
35.17.280. Prior: (i) 1911 c 116 § 20, part; RRS § 9109, part.
(ii) 1911 c 116 § 21, part; RRS § 9110, part.]
35.17.250 Legislative—Referendum—Petitions and
conduct of elections. All provisions applicable to the character, form, and number of signatures required for an initiative petition, to the examination and certification thereof, and
to the submission to the vote of the people of the ordinance
proposed thereby, shall apply to a referendum petition and to
the ordinance sought to be defeated thereby. [1965 c 7 §
35.17.250. Prior: 1911 c 116 § 22, part; RRS § 9111, part.]
35.17.290 Legislative—Initiative petition—Appeal to
court. If the clerk finds the petition insufficient or if the
commission refuses either to pass an initiative ordinance or
order an election thereon, any taxpayer may commence an
action in the superior court against the city and procure a
decree ordering an election to be held in the city for the purpose of voting upon the proposed ordinance if the court finds
the petition to be sufficient. [1965 c 7 § 35.17.290. Prior: (i)
35.17.240
35.17.250
(2008 Ed.)
35.17.280
35.17.290
[Title 35 RCW—page 51]
35.17.300
Title 35 RCW: Cities and Towns
1911 c 116 § 20, part; RRS § 9109, part. (ii) 1911 c 116 § 21,
part; RRS § 9110, part.]
35.17.300 Legislative—Initiative—Conduct of election. Publication of notice, the election, the canvass of the
returns and declaration of the results, shall be conducted in all
respects as are other city elections. Any number of proposed
ordinances may be voted on at the same election, but there
shall not be more than one special election for that purpose
during any one six-month period. [1965 c 7 § 35.17.300.
Prior: (i) 1911 c 116 § 20, part; RRS § 9109, part. (ii) 1911 c
116 § 21, part; RRS § 9110, part.]
"repealed (or amended) by ordinance No. . . . .," or "repealed
(or amended) by vote of the people." [1965 c 7 § 35.17.360.
Prior: 1911 c 116 § 21, part; RRS § 9110, part.]
35.17.300
Canvassing returns, generally: Chapter 29A.60 RCW.
Conduct of elections—Canvass: RCW 29A.60.010.
35.17.310 Legislative—Initiative—Notice of election.
The city clerk shall cause any ordinance or proposition
required to be submitted to the voters at an election to be published once in each of the daily newspapers in the city not less
than five nor more than twenty days before the election, or if
no daily newspaper is published in the city, publication shall
be made in each of the weekly newspapers published therein.
This publication shall be in addition to the notice required in
*chapter 29.27 RCW. [1965 c 7 § 35.17.310. Prior: 1911 c
116 § 21, part; RRS § 9110, part.]
35.17.310
*Reviser’s note: RCW 29.27.0665, containing ballot title notice
requirements, has been recodified as RCW 29A.36.080 pursuant to 2003 c
111 § 2401, effective July 1, 2004.
35.17.330 Legislative—Initiative—Effective date—
Record. If the number of votes cast thereon favor the proposed ordinance, it shall become effective immediately and
shall be made a part of the record of ordinances of the city.
[1965 c 7 § 35.17.330. Prior: 1911 c 116 § 21, part; RRS §
9110, part.]
35.17.330
35.17.340 Legislative—Initiative—Repeal or amendment. Upon the adoption of an ordinance initiated by petition, the city clerk shall write on the margin of the record
thereof "ordinance by petition No. . . . .," or "ordinance by
vote of the people," and it cannot be repealed or amended
except by a vote of the people. [1965 c 7 § 35.17.340. Prior:
1911 c 116 § 21, part; RRS § 9110, part.]
35.17.340
35.17.370 Organization on commission form—Eligibility—Census. Any city having a population of two thousand and less than thirty thousand may organize as a city
under the commission form of government. The requisite
population shall be determined by the last preceding state or
federal census or the council may cause a census to be taken
by one or more suitable persons, in which the full name of
each person in the city shall be plainly written, the names
alphabetically arranged and regularly numbered in a complete series, verified before an officer authorized to administer oaths and filed with the city clerk. [1965 c 7 § 35.17.370.
Prior: 1927 c 210 § 1; 1911 c 116 § 1; RRS § 9090.]
35.17.370
Census to be conducted in decennial periods: State Constitution Art. 2 § 3.
Determination of population: Chapter 43.62 RCW.
35.17.380 Organization—Petition. Upon petition of
electors in any city equal in number to twenty-five percent of
the votes cast for all candidates for mayor at the last preceding city election therein, the mayor by proclamation shall
cause to be submitted the question of organizing the city
under the commission form of government at a special election at a time specified therein and within sixty days after the
filing of the petition. If the plan is not adopted at the special
election called, it shall not be resubmitted to the voters of the
city for adoption within two years thereafter. [1965 c 7 §
35.17.380. Prior: 1911 c 116 § 2, part; RRS § 9091, part.]
35.17.380
35.17.390 Organization—Ballots. The proposition on
the ballot shall be: "Shall the proposition to organize the city
of (name of city) under the commission form of government
be adopted?" followed by the words: "For organization as a
city under commission form" and "against organization as a
city under commission form." The election shall be conducted, the vote canvassed, and the result declared in the
same manner as provided by law in respect to other city elections. If a majority of the votes cast are in favor thereof the
city shall proceed to elect a mayor and two commissioners.
[1965 c 7 § 35.17.390. Prior: 1911 c 116 § 2, part; RRS §
9091, part.]
35.17.390
Canvassing returns, generally: Chapter 29A.60 RCW.
35.17.350 Legislative—Initiative—Repeal or amendment—Method. The commission may by means of an ordinance submit a proposition for the repeal or amendment of an
ordinance, initiated by petition, by submitting it to a vote of
the people at any general election and if a majority of the
votes cast upon the proposition favor it, the ordinance shall
be repealed or amended accordingly.
A proposition of repeal or amendment must be published
before the election thereon as is an ordinance initiated by
petition when submitted to election. [1965 c 7 § 35.17.350.
Prior: 1911 c 116 § 21, part; RRS § 9110, part.]
35.17.350
35.17.360 Legislative—Initiative—Repeal or amendment—Record. Upon the adoption of a proposition to repeal
or amend an ordinance initiated by petition, the city clerk
shall write upon the margin of the record of the ordinance
35.17.360
[Title 35 RCW—page 52]
Conduct of elections—Canvass: RCW 29A.60.010.
35.17.400 Organization—Election of officers—
Term. The first election of commissioners shall be held at
the next special election that occurs at least sixty days after
the election results are certified where the proposition to
organize under the commission form was approved by city
voters, and the commission first elected shall commence to
serve as soon as they have been elected and have qualified
and shall continue to serve until their successors have been
elected and qualified and have assumed office in accordance
with *RCW 29.04.170. The date of the second election for
commissioners shall be in accordance with *RCW 29.13.020
such that the term of the first commissioners will be as near
as possible to, but not in excess of, four years calculated from
the first day in January in the year after the year in which the
35.17.400
(2008 Ed.)
Council-Manager Plan
first commissioners were elected. [1994 c 223 § 11; 1979
ex.s. c 126 § 18; 1965 c 7 § 35.17.400. Prior: 1963 c 200 §
13; 1955 c 55 § 10; prior: 1943 c 25 § 1, part; 1911 c 116 §
3, part; Rem. Supp. 1943 § 9092, part.]
*Reviser’s note: RCW 29.04.170 and 29.13.020 were recodified as
RCW 29A.20.040 and 29A.04.330 pursuant to 2003 c 111 § 2401, effective
July 1, 2004.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
35.17.410 Organization—Effect on ordinances—
Boundaries—Property. All bylaws, ordinances and resolutions in force when a city organizes under the commission
form shall remain in force until amended or repealed.
The boundaries of a city reorganized under the commission form shall not be changed thereby.
All rights and property vested in the city before reorganization under the commission form shall vest in the city as
reorganized and no right or liability either in favor of or
against it, existing at the time and no suit or prosecution shall
be affected by the change. [1965 c 7 § 35.17.410. Prior:
1911 c 116 § 4, part; RRS § 9093, part.]
shall be reorganized under general laws immediately upon
the first election of city officers, which shall be held on the
date of the next general city election of cities of its class. The
change in form of government shall not affect the property,
rights, or liabilities of the city. [1965 c 7 § 35.17.460. Prior:
1911 c 116 § 23, part; RRS § 9112, part.]
Chapter 35.18
35.17.410
35.17.420 Organization—Revision of appropriations. If, at the beginning of the term of office of the first
commission elected in a city organized under the commission
form, the appropriations for the expenditures of the city for
the current fiscal year have been made, the commission, by
ordinance, may revise them. [1965 c 7 § 35.17.420. Prior:
1911 c 116 § 19; RRS § 9108.]
35.17.420
35.17.430 Abandonment of commission form. Any
city which has operated under the commission form for more
than six years may again reorganize as a noncommission city
without changing its classification unless it desires to do so.
[1965 ex.s. c 47 § 3; 1965 c 7 § 35.17.430. Prior: 1911 c 116
§ 23, part; RRS § 9112, part.]
35.17.430
35.17.440 Abandonment—Method. Upon the filing of
a petition praying therefor, signed by not less than twentyfive percent of the registered voters resident in the city, a special election shall be called at which the following proposition only shall be submitted: "Shall the city of (name of city)
abandon its organization as a city under the commission form
and become a city under the general laws governing cities of
like population?" [1965 c 7 § 35.17.440. Prior: 1911 c 116 §
23, part; RRS § 9112, part.]
35.17.440
35.18.020
Chapter 35.18 RCW
COUNCIL-MANAGER PLAN
Sections
35.18.005
35.18.010
35.18.020
35.18.030
35.18.035
35.18.040
35.18.050
35.18.060
35.18.070
35.18.080
35.18.090
35.18.100
35.18.110
35.18.120
35.18.130
35.18.140
35.18.150
35.18.160
35.18.170
35.18.180
35.18.190
35.18.200
35.18.210
35.18.220
35.18.230
35.18.240
35.18.250
35.18.260
35.18.270
35.18.280
35.18.285
35.18.290
35.18.300
35.18.310
35.18.320
Definition—"Councilman."
The council-manager plan.
Number of councilmembers—Wards, districts—Terms—
Vacancies.
Laws applicable to council-manager cities—Civil service.
Second-class cities, parking meter revenue for revenue bonds.
City manager—Qualifications.
City manager—Bond and oath.
City manager—Authority.
City manager—May serve two or more cities.
City manager—Creation of departments.
City manager—Department heads—Authority.
City manager—Appointment of subordinates—Qualifications—Terms.
City manager—Interference by councilmembers.
City manager—Removal—Resolution and notice.
City manager—Removal—Reply and hearing.
City manager—Substitute.
Council—Eligibility.
Council—Authority.
Council meetings.
Council—Ordinances—Recording.
Mayor—Election—Vacancy.
Mayor—Duties.
Mayor pro tempore.
Salaries.
Organization on council-manager plan—Eligibility.
Organization—Petition.
Organization—Election procedure.
Organization—Ballots.
Organization—Election of council, procedure.
Organization—Holding over by incumbent officials and
employees.
Organization—First council may revise budget.
Abandonment of council-manager plan.
Abandonment—Method.
Abandonment—Special election necessary.
Abandonment—Effect.
35.18.005 Definition—"Councilman." As used in this
title, the term "councilman" or "councilmen" means councilmember or councilmembers. [1981 c 213 § 1.]
35.18.005
35.17.450 Abandonment—Conduct of election—
Canvass. The sufficiency of the petition for the abandonment of the commission form of city government shall be
determined, the election ordered and conducted, the returns
canvassed and the results declared as required by the provisions applicable to the proceedings for the enactment of an
ordinance by initiative petition to the extent to which they are
appropriate. [1965 c 7 § 35.17.450. Prior: 1911 c 116 § 23,
part; RRS § 9112, part.]
35.18.010 The council-manager plan. Under the
council-manager plan of city government, the councilmen
shall be the only elective officials. The council shall appoint
an officer whose title shall be "city manager" who shall be the
chief executive officer and head of the administrative branch
of city or town government. The city manager shall be
responsible to the council for the proper administration of all
affairs of the city or town. [1965 c 7 § 35.18.010. Prior: 1955
c 337 § 2; prior: (i) 1943 c 271 § 8, part; Rem. Supp. 1943 §
9198-17, part. (ii) 1943 c 271 § 12, part; Rem. Supp. 1943 §
9198-21, part. (iii) 1949 c 84 § 2, part; 1943 c 271 § 17, part;
Rem. Supp. 1949 § 9198-26, part.]
35.17.460 Abandonment—Effect. If a majority of the
votes cast upon the proposition of abandoning the commission form of city government favor the proposition, the city
35.18.020 Number of councilmembers—Wards, districts—Terms—Vacancies. (1) The number of councilmembers in a city or town operating with a council-man-
35.17.450
35.17.460
(2008 Ed.)
35.18.010
35.18.020
[Title 35 RCW—page 53]
35.18.030
Title 35 RCW: Cities and Towns
ager plan of government shall be based upon the latest population of the city or town that is determined by the office of
financial management as follows:
(a) A city or town having not more than two thousand
inhabitants, five councilmembers; and
(b) A city or town having more than two thousand, seven
councilmembers.
(2) Except for the initial staggering of terms, councilmembers shall serve for four-year terms of office. All
councilmembers shall serve until their successors are elected
and qualified and assume office in accordance with *RCW
29.04.170. Councilmembers may be elected on a city-wide or
town-wide basis, or from wards or districts, or any combination of these alternatives. Candidates shall run for specific
positions. Wards or districts shall be redrawn as provided in
**chapter 29.70 RCW. Wards or districts shall be used as follows: (a) Only a resident of the ward or district may be a candidate for, or hold office as, a councilmember of the ward or
district; and (b) only voters of the ward or district may vote at
a primary to nominate candidates for a councilmember of the
ward or district. Voters of the entire city or town may vote at
the general election to elect a councilmember of a ward or
district, unless the city or town had prior to January 1, 1994,
limited the voting in the general election for any or all council
positions to only voters residing within the ward or district
associated with the council positions. If a city or town had so
limited the voting in the general election to only voters residing within the ward or district, then the city or town shall be
authorized to continue to do so.
(3) When a city or town has qualified for an increase in
the number of councilmembers from five to seven by virtue
of the next succeeding population determination made by the
office of financial management, two additional council positions shall be filled at the next municipal general election
with the person elected to one of the new council positions
receiving the greatest number of votes being elected for a
four-year term of office and the person elected to the other
additional council position being elected for a two-year term
of office. The two additional councilmembers shall assume
office immediately when qualified in accordance with *RCW
29.01.135, but the term of office shall be computed from the
first day of January after the year in which they are elected.
Their successors shall be elected to four-year terms of office.
Prior to the election of the two new councilmembers, the
city or town council shall fill the additional positions by
appointment not later than forty-five days following the
release of the population determination, and each appointee
shall hold office only until the new position is filled by election.
(4) When a city or town has qualified for a decrease in
the number of councilmembers from seven to five by virtue
of the next succeeding population determination made by the
office of financial management, two council positions shall
be eliminated at the next municipal general election if four
council positions normally would be filled at that election, or
one council position shall be eliminated at each of the next
two succeeding municipal general elections if three council
positions normally would be filled at the first municipal general election after the population determination. The council
shall by ordinance indicate which, if any, of the remaining
positions shall be elected at-large or from wards or districts.
[Title 35 RCW—page 54]
(5) Vacancies on a council shall occur and shall be filled
as provided in chapter 42.12 RCW. [1994 c 223 § 12; 1981 c
260 § 7. Prior: 1979 ex.s. c 126 § 19; 1979 c 151 § 26; 1956
c 7 § 35.18.020; prior: 1959 c 76 § 1; 1955 c 337 § 3; prior:
(i) 1943 c 271 § 6; Rem. Supp. 1943 § 9198-15. (ii) 1943 c
271 § 4, part; Rem. Supp. 1943 § 9198-13, part.]
Reviser’s note: *(1) RCW 29.04.170 and 29.01.135 were recodified as
RCW 29A.20.040 and 29A.04.133, respectively, pursuant to 2003 c 111 §
2401, effective July 1, 2004.
**(2) Chapter 29.70 RCW was recodified as chapter 29A.76 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
Population determinations, office of financial management: Chapter 43.62
RCW.
Times for holding elections: RCW 29A.04.311 through 29A.04.330.
35.18.030 Laws applicable to council-manager cities—Civil service. A city or town organized under the council-manager plan shall have all the powers which cities of its
class have and shall be governed by the statutes applicable to
such cities to the extent to which they are appropriate and not
in conflict with the provisions specifically applicable to cities
organized under the council-manager plan.
Any city adopting a council-manager form of government may adopt any system of civil service which would be
available to it under any other form of city government. Any
state law relative to civil service in cities of the class of a city
under the council-manager type of government shall be applicable thereto. [1965 c 7 § 35.18.030. Prior: (i) 1949 c 84 § 4;
Rem. Supp. 1949 § 9198-33. (ii) 1943 c 271 § 10, part; Rem.
Supp. 1943 § 9198-19, part. (iii) 1943 c 271 § 21; Rem. Supp.
1943 § 9198-30.]
35.18.030
35.18.035 Second-class cities, parking meter revenue
for revenue bonds. See RCW 35.23.454.
35.18.035
35.18.040 City manager—Qualifications. The city
manager need not be a resident. He shall be chosen by the
council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to
the duties of his office. No person elected to membership on
the council shall be eligible for appointment as city manager
until one year has elapsed following the expiration of the
term for which he was elected. [1965 c 7 § 35.18.040. Prior:
1955 c 337 § 4; prior: (i) 1949 c 84 § 2, part; 1943 c 271 §
17, part; Rem. Supp. 1949 § 9198-26, part. (ii) 1943 c 271 §
12, part; Rem. Supp. 1943 § 9198-21, part.]
35.18.040
35.18.050 City manager—Bond and oath. Before
entering upon the duties of his office the city manager shall
take the official oath for the support of the government and
the faithful performance of his duties and shall execute and
file with the clerk of the council a bond in favor of the city or
town in such sum as may be fixed by the council. [1965 c 7
§ 35.18.050. Prior: 1955 c 337 § 5; prior: 1943 c 271 § 12,
part; Rem. Supp. 1943 § 9198-21, part.]
35.18.050
35.18.060 City manager—Authority. The powers and
duties of the city manager shall be:
35.18.060
(2008 Ed.)
Council-Manager Plan
(1) To have general supervision over the administrative
affairs of the municipality;
(2) To appoint and remove at any time all department
heads, officers, and employees of the city or town, except
members of the council, and subject to the provisions of any
applicable law, rule, or regulation relating to civil service:
PROVIDED, That the council may provide for the appointment by the mayor, subject to confirmation by the council, of
the city planning commission, and other advisory citizens’
committees, commissions and boards advisory to the city
council: PROVIDED FURTHER, That the city manager
shall appoint the municipal judge to a term of four years, subject to confirmation by the council. The municipal judge may
be removed only on conviction of malfeasance or misconduct
in office, or because of physical or mental disability rendering him incapable of performing the duties of his office. The
council may cause an audit to be made of any department or
office of the city or town government and may select the persons to make it, without the advice or consent of the city manager;
(3) To attend all meetings of the council at which his
attendance may be required by that body;
(4) To see that all laws and ordinances are faithfully executed, subject to the authority which the council may grant
the mayor to maintain law and order in times of emergency;
(5) To recommend for adoption by the council such measures as he may deem necessary or expedient;
(6) To prepare and submit to the council such reports as
may be required by that body or as he may deem it advisable
to submit;
(7) To keep the council fully advised of the financial
condition of the city or town and its future needs;
(8) To prepare and submit to the council a tentative budget for the fiscal year;
(9) To perform such other duties as the council may
determine by ordinance or resolution. [1987 c 3 § 5; 1965
ex.s. c 116 § 1; 1965 c 7 § 35.18.060. Prior: 1955 c 337 § 6;
prior: (i) 1949 c 84 § 2, part; 1943 c 271 § 17, part; Rem.
Supp. 1949 § 9198-26, part. (ii) 1949 c 84 § 1; 1943 c 271 §
15; Rem. Supp. 1949 § 9198-24. (iii) 1949 c 84 § 3, part;
1943 c 271 § 18, part; Rem. Supp. 1949 § 9198-27, part.]
Severability—1987 c 3: See note following RCW 3.70.010.
35.18.070 City manager—May serve two or more cities. Whether the city manager shall devote his full time to the
affairs of one city or town shall be determined by the council.
A city manager may serve two or more cities or towns in that
capacity at the same time. [1965 c 7 § 35.18.070. Prior: 1943
c 271 § 13; Rem. Supp. 1943 § 9198-22.]
35.18.070
35.18.080 City manager—Creation of departments.
On recommendation of the city manager, the council may
create such departments, offices and employments as may be
found necessary and may determine the powers and duties of
each department or office. [1965 c 7 § 35.18.080. Prior:
1943 c 271 § 16; Rem. Supp. 1943 § 9198-25.]
35.18.080
35.18.130
remove subordinates in such department or office. Any
officer or employee who may be appointed by the city manager, or by the head of a department or office, except one who
holds his position subject to civil service, may be removed by
the manager or other such appointing officer at any time.
Subject to the provisions of RCW 35.18.060, the decision of
the manager or other appointing officer, shall be final and
there shall be no appeal therefrom to any other office, body,
or court whatsoever. [1965 c 7 § 35.18.090. Prior: 1955 c
337 § 7; prior: (i) 1949 c 84 § 2, part; 1943 c 271 § 17, part;
Rem. Supp. 1949 § 9198-26, part. (ii) 1949 c 84 § 3, part;
1943 c 271 § 18, part; Rem. Supp. 1949 § 9198-27, part.]
35.18.100 City manager—Appointment of subordinates—Qualifications—Terms. Appointments made by or
under the authority of the city manager shall be on the basis
of executive and administrative ability and of the training and
experience of the appointees in the work which they are to
perform. Residence within the city or town shall not be a
requirement. All such appointments shall be without definite
term. [1965 c 7 § 35.18.100. Prior: 1955 c 337 § 8; prior:
1949 c 84 § 2, part; 1943 c 271 § 17, part; Rem. Supp. 1949
§ 9198-26, part.]
35.18.100
35.18.110 City manager—Interference by councilmembers. Neither the council, nor any of its committees
or members shall direct or request the appointment of any
person to, or his removal from, office by the city manager or
any of his subordinates. Except for the purpose of inquiry, the
council and its members shall deal with the administrative
service solely through the manager and neither the council
nor any committee or member thereof shall give orders to any
subordinate of the city manager, either publicly or privately:
PROVIDED, HOWEVER, That nothing herein shall be construed to prohibit the council, while in open session, from
fully and freely discussing with the city manager anything
pertaining to appointments and removals of city officers and
employees and city affairs. [1965 c 7 § 35.18.110. Prior:
1955 c 337 § 14; prior: 1943 c 271 § 19, part; Rem. Supp.
1943 § 9198-28, part.]
35.18.110
35.18.120 City manager—Removal—Resolution and
notice. The city manager shall be appointed for an indefinite
term and may be removed by a majority vote of the council.
At least thirty days before the effective date of his
removal, the city manager must be furnished with a formal
statement in the form of a resolution passed by a majority
vote of the city council stating the council’s intention to
remove him and the reasons therefor. Upon passage of the
resolution stating the council’s intention to remove the manager, the council by a similar vote may suspend him from
duty, but his pay shall continue until his removal becomes
effective. [1965 c 7 § 35.18.120. Prior: 1955 c 337 § 17;
prior: 1943 c 271 § 14, part; Rem. Supp. 1943 § 9198-23,
part.]
35.18.120
35.18.130 City manager—Removal—Reply and
hearing. The city manager may, within thirty days from the
date of service upon him of a copy thereof, reply in writing to
the resolution stating the council’s intention to remove him.
35.18.130
35.18.090 City manager—Department heads—
Authority. The city manager may authorize the head of a
department or office responsible to him to appoint and
35.18.090
(2008 Ed.)
[Title 35 RCW—page 55]
35.18.140
Title 35 RCW: Cities and Towns
In the event no reply is timely filed, the resolution shall upon
the thirty-first day from the date of such service, constitute
the final resolution removing the manager, and his services
shall terminate upon that day. If a reply shall be timely filed
with its clerk, the council shall fix a time for a public hearing
upon the question of the manager’s removal and a final resolution removing the manager shall not be adopted until a public hearing has been had. The action of the council in removing the manager shall be final. [1965 c 7 § 35.18.130. Prior:
1955 c 337 § 18; prior: 1943 c 271 § 14, part; Rem. Supp.
1943 § 9198-23, part.]
35.18.140 City manager—Substitute. The council
may designate a qualified administrative officer of the city or
town to perform the duties of manager:
(1) Upon the adoption of the council-manager plan,
pending the selection and appointment of a manager; or
(2) Upon the termination of the services of a manager,
pending the selection and appointment of a new manager; or
(3) During the absence, disability, or suspension of the
manager. [1965 c 7 § 35.18.140. Prior: 1955 c 337 § 19;
prior: 1943 c 271 § 14, part; Rem. Supp. 1943 § 9198-23,
part.]
35.18.140
35.18.150 Council—Eligibility. Only a qualified elector of the city or town may be a member of the council and
upon ceasing to be such, or upon being convicted of a crime
involving moral turpitude, or of violating the provisions of
RCW 35.18.110, he shall immediately forfeit his office.
[1965 c 7 § 35.18.150. Prior: 1955 c 337 § 15; prior: (i) 1943
c 271 § 19, part; Rem. Supp. 1943 § 9198-28, part. (ii) 1943
c 271 § 9, part; Rem. Supp. 1943 § 9198-18, part.]
35.18.150
35.18.180 Council—Ordinances—Recording. No
ordinance, resolution, or order, including those granting a
franchise or valuable privilege, shall have any validity or
effect unless passed by the affirmative vote of at least a
majority of the members of the city or town council. Every
ordinance or resolution adopted shall be signed by the mayor
or two members, filed with the clerk within two days and by
him recorded. [1965 c 7 § 35.18.180. Prior: 1959 c 76 § 3;
1943 c 271 § 11; Rem. Supp. 1943 § 9198-20.]
35.18.180
35.18.190 Mayor—Election—Vacancy. Biennially at
the first meeting of the new council the members thereof shall
choose a chairman from among their number who shall have
the title of mayor. In addition to the powers conferred upon
him as mayor, he shall continue to have all the rights, privileges and immunities of a member of the council. If a
vacancy occurs in the office of mayor, the members of the
council at their next regular meeting shall select a mayor
from among their number for the unexpired term. [1969 c
101 § 1; 1965 c 7 § 35.18.190. Prior: 1955 c 337 § 9; prior:
1943 c 271 § 8, part; Rem. Supp. 1943 § 9198-17, part.]
35.18.190
35.18.200 Mayor—Duties. The mayor shall preside at
meetings of the council, and be recognized as the head of the
city or town for all ceremonial purposes and by the governor
for purposes of military law.
He shall have no regular administrative duties, but in
time of public danger or emergency, if so authorized by the
council, shall take command of the police, maintain law, and
enforce order. [1965 c 7 § 35.18.200. Prior: 1955 c 337 § 10;
prior: 1943 c 271 § 8, part; Rem. Supp. 1943 § 9198-17,
part.]
35.18.200
35.18.210 Mayor pro tempore. In case of the mayor’s
absence, a mayor pro tempore selected by the members of the
council from among their number shall act as mayor during
the continuance of the absence. [1969 c 101 § 2; 1965 c 7 §
35.18.210. Prior: 1955 c 337 § 11; prior: 1943 c 271 § 8,
part; Rem. Supp. 1943 § 9198-17, part.]
35.18.210
35.18.160 Council—Authority. The council shall have
all of the powers which inhere in the city or town not reserved
to the people or vested in the city manager, including but not
restricted to the authority to adopt ordinances and resolutions.
[1965 c 7 § 35.18.160. Prior: (i) 1943 c 271 § 9, part; Rem.
Supp. 1943 § 9198-18, part. (ii) 1943 c 271 § 10, part; Rem.
Supp. 1943 § 9198-19, part.]
35.18.160
35.18.170 Council meetings. The council shall meet at
the times and places fixed by ordinance but must hold at least
one regular meeting each month. The clerk shall call special
meetings of the council upon request of the mayor or any two
members. At all meetings of the city council, a majority of
the councilmen shall constitute a quorum for the transaction
of business, but a less number may adjourn from time to time
and may compel the attendance of absent members in such
manner and under such penalties as may be prescribed by
ordinance. Requests for special meetings shall state the subject to be considered and no other subject shall be considered
at a special meeting.
All meetings of the council and of committees thereof
shall be open to the public and the rules of the council shall
provide that citizens of the city or town shall have a reasonable opportunity to be heard at any meetings in regard to any
matter being considered thereat. [1965 c 7 § 35.18.170.
Prior: 1955 c 337 § 20; prior: 1943 c 271 § 7; Rem. Supp.
1943 § 9198-16.]
35.18.170
[Title 35 RCW—page 56]
35.18.220 Salaries. Each member of the council shall
receive such compensation as may be provided by law to cities of the class to which it belongs. The city manager and
other officers or assistants shall receive such salary or compensation as the council shall fix by ordinance and shall be
payable at such times as the council may determine. [1965 c
7 § 35.18.220. Prior: (i) 1943 c 271 § 9, part; Rem. Supp.
1943 § 9198-18, part. (ii) 1943 c 271 § 20; Rem. Supp. 1943
§ 9198-29.]
35.18.220
35.18.230 Organization on council-manager plan—
Eligibility. Any city or town having a population of less than
thirty thousand may be organized as a council-manager city
or town under this chapter. [1965 c 7 § 35.18.230. Prior:
1959 c 76 § 2; 1943 c 271 § 1; Rem. Supp. 1943 § 9198-10.]
35.18.230
35.18.240 Organization—Petition. Petitions to reorganize a city or town on the council-manager plan must be
signed by registered voters resident therein equal in number
to at least twenty percent of the votes cast for all candidates
35.18.240
(2008 Ed.)
Council-Manager Plan
for mayor at the last preceding municipal election. In addition
to the signature and residence addresses of the petitioners
thereon, a petition must contain an affidavit stating the number of signers thereon at the time the affidavit is made.
Petitions containing the required number of signatures
shall be accepted by the city or town clerk as prima facie
valid until their invalidity has been proved.
A variation on such petitions between the signatures on
the petition and that on the voter’s permanent registration
caused by the substitution of initials instead of the first or
middle names or both shall not invalidate the signature on the
petition if the surname and handwriting are the same. Signatures, including the original, of any voter who has signed
such petitions two or more times shall be stricken. [1965 c 7
§ 35.18.240. Prior: 1955 c 337 § 22; prior: (i) 1943 c 271 §
2, part; Rem. Supp. 1943 § 9198-11, part. (ii) 1943 c 271 § 5;
Rem. Supp. 1943 § 9198-14.]
35.18.250 Organization—Election procedure. Upon
the filing of a petition for the adoption of the council-manager plan of government, or upon resolution of the council to
that effect, the mayor, only after the petition has been found
to be valid, by proclamation issued within ten days after the
filing of the petition or the resolution with the clerk, shall
cause the question to be submitted at a special election to be
held at a time specified in the proclamation, which shall be as
soon as possible after the sufficiency of the petition has been
determined or after the said resolution of the council has been
enacted, but in no event shall said special election be held
during the ninety day period immediately preceding any regular municipal election therein. All acts necessary to hold this
election, including legal notice, jurisdiction and canvassing
of returns, shall be conducted in accordance with existing
law. [1965 c 7 § 35.18.250. Prior: 1959 c 76 § 4; 1955 c 337
§ 23; prior: 1943 c 271 § 2, part; Rem. Supp. 1943 § 919811, part.]
35.18.250
Canvassing returns, generally: Chapter 29A.60 RCW.
Conduct of elections—Canvass: RCW 29A.60.010.
Times for holding elections: RCW 29A.04.311 through 29A.04.330.
35.18.260 Organization—Ballots. At the election for
organization on the council-manager plan, the proposition on
the ballots shall be: "Shall the city (or town) of . . . . . . adopt
the council-manager plan of municipal government?" followed by the words:
"For organization as a council-manager city or town
. . . ."
"Against organization as a council-manager city or town
. . . ."
The election shall be conducted, the vote canvassed and
the results declared in the same manner as provided by law in
respect to other municipal elections. [1965 c 7 § 35.18.260.
Prior: 1943 c 271 § 3; Rem. Supp. 1943 § 9198-12.]
35.18.260
35.18.270 Organization—Election of council, procedure. If the majority of the votes cast at a special election for
organization on the council-manager plan favor the plan, the
city or town shall elect the council required under the council-manager plan in number according to its population at the
next municipal general election. However, special elections
35.18.270
(2008 Ed.)
35.18.300
shall be held to nominate and elect the new city councilmembers at the next primary and general election held in an evennumbered year if the next municipal general election is more
than one year after the date of the election at which the voters
approved the council-manager plan. The staggering of terms
of office shall occur at the election when the new councilmembers are elected, where the simple majority of the persons elected as councilmembers receiving the greatest numbers of votes shall be elected to four-year terms of office if
the election is held in an odd-numbered year, or three-year
terms of office if the election is held in an even-numbered
year, and the remainder of the persons elected as councilmembers shall be elected to two-year terms of office if the
election is held in an odd-numbered year, or one-year terms
of office if the election is held in an even-numbered year. The
initial councilmembers shall take office immediately when
they are elected and qualified, but the lengths of their terms of
office shall be calculated from the first day in January in the
year following the election. [1994 c 223 § 13; 1979 ex.s. c
126 § 20; 1965 c 7 § 35.18.270. Prior: 1959 c 76 § 5; 1955 c
337 § 12; prior: (i) 1943 c 271 § 8, part; Rem. Supp. 1943 §
9198-17, part. (ii) 1943 c 271 § 4, part; Rem. Supp. 1943 §
9198-13, part.]
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
35.18.280 Organization—Holding over by incumbent officials and employees. Councilmen shall take office
at the times provided by RCW 35.18.270 as now or hereafter
amended. The other city officials and employees who are
incumbent at the time the council-manager plan takes effect
shall hold office until their successors have been selected in
accordance with the provisions of this chapter. [1965 c 7 §
35.18.280. Prior: 1943 c 271 § 8, part; Rem. Supp. 1943 §
9198-17, part.]
35.18.280
35.18.285 Organization—First council may revise
budget. If, at the beginning of the term of office of the first
council elected in a city organized under the council-manager
plan, the appropriations for the expenditures of the city for
the current fiscal year have been made, the council, by ordinance, may revise them but may not exceed the total appropriations for expenditures already specified in the budget for
the year. [1965 c 7 § 35.18.285. Prior: 1955 c 337 § 24.]
35.18.285
35.18.290 Abandonment of council-manager plan.
Any city or town which has operated under the council-manager plan for more than six years may abandon such organization and accept the provisions of the general laws then
applicable to municipalities upon the petition of not less than
twenty percent of the registered voters therein, without
changing its classification unless it desires to do so. [1965
ex.s. c 47 § 4; 1965 c 7 § 35.18.290. Prior: 1943 c 271 § 22,
part; Rem. Supp. 1943 § 9198-31, part.]
35.18.290
35.18.300 Abandonment—Method. The sufficiency
of the petition for abandonment of the council-manager form
of government shall be determined, the election ordered and
conducted, and the results declared generally as provided for
the procedure for reorganizing under the council-manager
plan so far as those provisions are applicable. [1965 c 7 §
35.18.300
[Title 35 RCW—page 57]
35.18.310
Title 35 RCW: Cities and Towns
35.18.300. Prior: 1943 c 271 § 23, part; Rem. Supp. 1943 §
9198-32, part.]
Organization on council-manager plan: RCW 35.18.240 through 35.18.285.
35.18.310 Abandonment—Special election necessary. The proposition to abandon the council-manager plan
must be voted on at a special election called for that purpose
at which the only proposition to be voted on shall be: "Shall
the city (or town) of . . . . . . abandon its organization under
the council-manager plan and become a city (or town) under
the general law governing cities (or towns) of . . . . . . class?"
[1965 c 7 § 35.18.310. Prior: 1943 c 271 § 22 part; Rem.
Supp. 1943 § 9198-31, part.]
35.18.310
35.18.320 Abandonment—Effect. If a majority of
votes cast at the special election favor the abandonment of the
council-manager form of government, the officers elected at
the next succeeding biennial election shall be those then prescribed for cities or towns of like class. Upon the qualification of such officers, the municipality shall again become
organized under the general laws of the state, but such change
shall not affect in any manner or degree the property, rights,
or liabilities of the corporation but shall merely extend to
such change in its form of government. [1965 c 7 §
35.18.320. Prior: 1943 c 271 § 23, part; Rem. Supp. 1943 §
9198-32, part.]
35.18.320
Chapter 35.20
Chapter 35.20 RCW
MUNICIPAL COURTS—CITIES OVER
FOUR HUNDRED THOUSAND
Sections
35.20.010
35.20.020
35.20.030
35.20.090
35.20.100
35.20.105
35.20.110
35.20.120
35.20.131
35.20.140
35.20.150
35.20.155
35.20.160
35.20.170
35.20.175
35.20.180
35.20.190
35.20.200
35.20.205
35.20.210
35.20.220
35.20.230
35.20.240
35.20.250
35.20.255
35.20.260
35.20.270
35.20.280
35.20.910
35.20.921
Municipal court established—Termination of court—Agreement covering costs of handling resulting criminal cases—
Arbitration—Notice.
Sessions—Judges may act as magistrates—Night court.
Jurisdiction—Maximum penalties for criminal violations—
Review—Costs.
Trial by jury—Juror’s fees.
Departments of court—Jurisdiction and venue—Presiding
judge—Costs of election.
Court administrator.
Seal of court—Extent of process.
Expenses of court.
Director of traffic violations.
Monthly meeting of judges—Rules and regulations of court.
Election of judges—Vacancies.
Municipal court commissioners—Appointment, powers.
Judges’ salaries.
Qualifications of judges—Practice of law prohibited.
Judicial officers—Disqualification.
Judges’ oath of office, official bonds.
Additional judge.
Judges pro tempore.
Judicial officers—Hearing examiner.
Clerks of court.
Powers and duties of chief clerk—Remittance by city treasurer—Interest—Disposition.
Director of probation services—Probation officers—Bailiffs.
First judges—Transfer of equipment.
Concurrent jurisdiction with superior court and district court.
Deferral or suspension of sentences—Probation—Maximum
term—Transfer to another state.
Subpoenas—Witness fees.
Warrant officer—Position created—Authority—Service of
criminal and civil process—Jurisdiction—Costs.
City trial court improvement account—Contribution by city to
account—Use of funds.
Construction of other laws.
Severability—1969 ex.s. c 147.
[Title 35 RCW—page 58]
Rules of court: See Rules for Appeal of Decisions of Courts of Limited
Jurisdiction (RALJ).
Courts of limited jurisdiction: Title 3 RCW.
Courts of record: Title 2 RCW.
Rights of accused: State Constitution Art. 1 § 22 (Amendment 10).
Rules for courts of limited jurisdiction: Volume 0.
35.20.010 Municipal court established—Termination of court—Agreement covering costs of handling
resulting criminal cases—Arbitration—Notice. (1) There
is hereby created and established in each incorporated city of
this state having a population of more than four hundred
thousand inhabitants, as shown by the federal or state census,
whichever is the later, a municipal court, which shall be
styled "The Municipal Court of . . . . . . (name of city)," hereinafter designated and referred to as the municipal court,
which court shall have jurisdiction and shall exercise all the
powers by this chapter declared to be vested in such municipal court, together with such powers and jurisdiction as is
generally conferred in this state either by common law or
statute.
(2) A municipality operating a municipal court under this
section may terminate that court if the municipality has
reached an agreement with the county under chapter 39.34
RCW under which the county is to be paid a reasonable
amount for costs associated with prosecution, adjudication,
and sentencing in criminal cases filed in district court as a
result of the termination. The agreement shall provide for
periodic review and renewal of the terms of the agreement. If
the municipality and the county are unable to agree on the
terms for renewal of the agreement, they shall be deemed to
have entered into an agreement to submit the issue to arbitration under chapter 7.04A RCW. Pending conclusion of the
arbitration proceeding, the terms of the agreement shall
remain in effect. The municipality and the county have the
same rights and are subject to the same duties as other parties
who have agreed to submit to arbitration under chapter 7.04A
RCW.
(3) A city that has entered into an agreement for court
services with the county must provide written notice of the
intent to terminate the agreement to the county legislative
authority not less than one year prior to February 1st of the
year in which all district court judges are subject to election.
A city that terminates an agreement for court services to be
provided by a district court may terminate the agreement only
at the end of a four-year district court judicial term.
(4) A county that wishes to terminate an agreement with
a city for the provision of court services must provide written
notice of the intent to terminate the agreement to the city legislative authority not less than one year prior to the expiration
of the agreement. [2005 c 433 § 37; 2001 c 68 § 3; 1984 c
258 § 201; 1975 c 33 § 4; 1965 c 7 § 35.20.010. Prior: 1955
c 290 § 1.]
35.20.010
Application—Captions not law—Savings—Effective date—2005 c
433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Severability—1975 c 33: See note following RCW 35.21.780.
35.20.020 Sessions—Judges may act as magistrates—Night court. The municipal court shall be always
35.20.020
(2008 Ed.)
Municipal Courts—Cities Over Four Hundred Thousand
open except on nonjudicial days. It shall hold regular and
special sessions at such times as may be prescribed by the
judges thereof. The judges shall have the power to act as
magistrates in accordance with the provisions of chapter
10.16 RCW. The legislative body of the city may by ordinance authorize a department of the municipal court to act as
a night court, and shall appropriate the necessary funds therefor. [1965 c 7 § 35.20.020. Prior: 1955 c 290 § 2.]
35.20.030 Jurisdiction—Maximum penalties for
criminal violations—Review—Costs. The municipal court
shall have jurisdiction to try violations of all city ordinances
and all other actions brought to enforce or recover license
penalties or forfeitures declared or given by any such ordinances. It is empowered to forfeit cash bail or bail bonds and
issue execution thereon, to hear and determine all causes,
civil or criminal, arising under such ordinances, and to pronounce judgment in accordance therewith: PROVIDED,
That for a violation of the criminal provisions of an ordinance
no greater punishment shall be imposed than a fine of five
thousand dollars or imprisonment in the city jail not to exceed
one year, or both such fine and imprisonment, but the punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime. All civil
and criminal proceedings in municipal court, and judgments
rendered therein, shall be subject to review in the superior
court by writ of review or on appeal: PROVIDED, That an
appeal from the court’s determination or order in a traffic
infraction proceeding may be taken only in accordance with
RCW 46.63.090(5). Costs in civil and criminal cases may be
taxed as provided in district courts. A municipal court participating in the program established by the administrative
office of the courts pursuant to RCW 2.56.160 shall have
jurisdiction to take recognizance, approve bail, and arraign
defendants held within its jurisdiction on warrants issued by
any court of limited jurisdiction participating in the program.
[2005 c 282 § 41; 2000 c 111 § 7; 1993 c 83 § 3; 1984 c 258
§ 801; 1979 ex.s. c 136 § 23; 1965 c 7 § 35.20.030. Prior:
1955 c 290 § 3.]
35.20.030
Effective date—1993 c 83: See note following RCW 35.21.163.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
35.20.090 Trial by jury—Juror’s fees. In all civil
cases and criminal cases where jurisdiction is concurrent with
district courts as provided in RCW 35.20.250, within the
jurisdiction of the municipal court, the plaintiff or defendant
may demand a jury, which shall consist of six citizens of the
state who shall be impaneled and sworn as in cases before
district courts, or the trial may be by a judge of the municipal
court: PROVIDED, That no jury trial may be held on a proceeding involving a traffic infraction. A defendant requesting
a jury shall pay to the court a fee which shall be the same as
that for a jury in district court. Where there is more than one
defendant in an action and one or more of them requests a
jury, only one jury fee shall be collected by the court. Each
juror may receive up to twenty-five dollars but in no case less
than ten dollars for each day in attendance upon the municipal court, and in addition thereto shall receive mileage at the
35.20.090
(2008 Ed.)
35.20.105
rate determined under RCW 43.03.060: PROVIDED, That
the compensation paid jurors shall be determined by the legislative authority of the city and shall be uniformly applied.
Trial by jury shall be allowed in criminal cases involving violations of city ordinances commencing January 1, 1972,
unless such incorporated city affected by this chapter has
made provision therefor prior to January 1, 1972. [1987 c
202 § 195; 1980 c 148 § 6. Prior: 1979 ex.s. c 136 § 24; 1979
ex.s. c 135 § 8; prior: 1977 ex.s. c 248 § 3; 1977 ex.s. c 53 §
3; 1969 ex.s. c 147 § 8; 1965 c 7 § 35.20.090; prior: 1955 c
290 § 9.]
Intent—1987 c 202: See note following RCW 2.04.190.
Effective date—1980 c 148: See note following RCW 46.10.090.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1979 ex.s. c 135: See note following RCW 2.36.080.
35.20.100 Departments of court—Jurisdiction and
venue—Presiding judge—Costs of election. There shall be
three departments of the municipal court, which shall be designated as Department Nos. 1, 2 and 3. However, when the
administration of justice and the accomplishment of the work
of the court make additional departments necessary, the legislative body of the city may create additional departments as
they are needed. The departments shall be established in such
places as may be provided by the legislative body of the city,
and each department shall be presided over by a municipal
judge. However, notwithstanding the priority of action rule,
for a defendant incarcerated at a jail facility outside the city
limits but within the county in which the city is located, the
city may, pursuant to an interlocal agreement under chapter
39.34 RCW, contract with the county to transfer jurisdiction
and venue over the defendant to a district court and to provide
all judicial services at the district court as would be provided
by a department of the municipal court. The judges shall
select, by majority vote, one of their number to act as presiding judge of the municipal court for a term of one year, and he
or she shall be responsible for administration of the court and
assignment of calendars to all departments. A change of
venue from one department of the municipal court to another
department shall be allowed in accordance with the provisions of RCW 3.66.090 in all civil and criminal proceedings.
The city shall assume the costs of the elections of the municipal judges in accordance with the provisions of *RCW
29.13.045. [1997 c 25 § 1; 1984 c 258 § 71; 1972 ex.s. c 32
§ 1; 1969 ex.s. c 147 § 1; 1967 c 241 § 2; 1965 c 7 §
35.20.100. Prior: 1955 c 290 § 10.]
35.20.100
*Reviser’s note: RCW 29.13.045 was recodified as RCW 29A.04.410
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Effective date—1997 c 25: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 15, 1997]." [1997 c 25 § 2.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1967 c 241: See note following RCW 3.66.090.
Severability—1967 c 241: See RCW 3.74.932.
35.20.105 Court administrator. There shall be a court
administrator of the municipal court appointed by the judges
of the municipal court, subject to confirmation by a majority
35.20.105
[Title 35 RCW—page 59]
35.20.110
Title 35 RCW: Cities and Towns
of the legislative body of the city, and removable by the
judges of the municipal court subject to like confirmation.
Before entering upon the duties of his office the court administrator shall take and subscribe an oath the same as required
for officers of the city, and shall execute a penal bond in such
sum and with such sureties as the legislative body of the city
may direct and subject to their approval, conditioned for the
faithful performance of his duties, and that he will pay over to
the treasurer of said city all moneys belonging to the city
which shall come into his hands as such court administrator.
The court administrator shall be paid such compensation as
the legislative body of the city may deem reasonable. The
court administrator shall act under the supervision and control of the presiding judge of the municipal court and shall
supervise the functions of the chief clerk and director of the
traffic violations bureau or similar agency of the city, and
perform such other duties as may be assigned to him by the
presiding judge of the municipal court. [1969 ex.s. c 147 §
2.]
35.20.110 Seal of court—Extent of process. The
municipal court shall have a seal which shall be the vignette
of George Washington, with the words "Seal of The Municipal Court of . . . . . . (name of city), State of Washington,"
surrounding the vignette. All process from such court runs
throughout the state. The supreme court may determine by
rule what process must be issued under seal. [1999 c 152 § 3;
1965 c 7 § 35.20.110. Prior: 1955 c 290 § 11.]
35.20.110
35.20.120 Expenses of court. All blanks, books,
papers, stationery and furniture necessary for the transaction
of business and the keeping of records of the court shall be
furnished at the expense of the city, except those expenses
incidental to the operation of the court in matters brought
before the court because of concurrent jurisdiction with the
district court, which expense shall be borne by the county and
paid out of the county treasury. All other expenses on account
of such court which may be authorized by the city council or
the county commissioners and which are not specifically
mentioned in this chapter, shall be paid respectively out of
the city treasury and county treasury. [1987 c 202 § 196;
1965 c 7 § 35.20.120. Prior: 1955 c 290 § 12.]
35.20.120
Intent—1987 c 202: See note following RCW 2.04.190.
35.20.131 Director of traffic violations. There shall be
a director of the traffic violations bureau or such similar
agency of the city as may be created by ordinance of said city.
Said director shall be appointed by the judges of the municipal court subject to such civil service laws and rules as may
be provided in such city. Said director shall act under the
supervision of the court administrator of the municipal court
and shall be responsible for the supervision of the traffic violations bureau or similar agency of the city. Upon *this 1969
amendatory act becoming effective those employees connected with the traffic violations bureau under civil service
status shall be continued in such employment and such classification. Before entering upon the duties of his office said
director shall take and subscribe an oath the same as required
for officers of the city and shall execute a penal bond in such
sum and with such sureties as the legislative body of the city
35.20.131
[Title 35 RCW—page 60]
may direct and subject to their approval, conditioned for the
faithful performance of his duties, and that he will faithfully
account to and pay over to the treasurer of said city all moneys belonging to the city which shall come into his hands as
such director. Said director shall be paid such compensation
as the legislative body of the city may deem reasonable.
[1969 ex.s. c 147 § 3.]
*Reviser’s note: "this 1969 amendatory act" [1969 ex.s. c 147] became
effective August 11, 1969.
35.20.140 Monthly meeting of judges—Rules and
regulations of court. It shall be the duty of the judges to
meet together at least once each month, except during the
months of July and August, at such hour and place as they
may designate, and at such other times as they may desire, for
the consideration of such matters pertaining to the administration of justice in said court as may be brought before them.
At these meetings they shall receive and investigate, or cause
to be investigated, all complaints presented to them pertaining to the court and the employees thereof, and shall take
such action as they may deem necessary or proper with
respect thereto. They shall have power and it shall be their
duty to adopt, or cause to be adopted, rules and regulations
for the proper administration of justice in said court. [1965 c
7 § 35.20.140. Prior: 1955 c 290 § 14.]
35.20.140
35.20.150 Election of judges—Vacancies. The municipal judges shall be elected on the first Tuesday after the first
Monday in November, 1958, and on the first Tuesday after
the first Monday of November every fourth year thereafter by
the electorate of the city in which the court is located. The
auditor of the county concerned shall designate by number
each position to be filled in the municipal court, and each
candidate at the time of the filing of his declaration of candidacy shall designate by number so assigned the position for
which he is a candidate, and the name of such candidate shall
appear on the ballot only for such position. The name of the
person who receives the greatest number of votes and of the
person who receives the next greatest number of votes at the
primary for a single nonpartisan position shall appear on the
general election ballot under the designation therefor. Elections for municipal judge shall be nonpartisan. They shall
hold office for a term of four years and until their successors
are elected and qualified. The term of office shall start on the
second Monday in January following such election. Any
vacancy in the municipal court due to a death, disability or
resignation of a municipal court judge shall be filled by the
mayor, to serve out the unexpired term. Such appointment
shall be subject to confirmation by the legislative body of the
city. [1975-’76 2nd ex.s. c 120 § 7; 1965 c 7 § 35.20.150.
Prior: 1961 c 213 § 1; 1955 c 290 § 15.]
35.20.150
Severability—1975-’76 2nd ex.s. c 120: See note following RCW
29A.52.210.
Times for holding elections: RCW 29A.04.311 through 29A.04.330.
35.20.155 Municipal court commissioners—
Appointment, powers. When so authorized by the city legislative authority, the judges of the city may appoint one or
more municipal court commissioners. A commissioner must
be a registered voter of the city, and shall hold office at the
pleasure of the appointing judges. A person appointed as a
35.20.155
(2008 Ed.)
Municipal Courts—Cities Over Four Hundred Thousand
commissioner authorized to hear or dispose of cases must be
a lawyer who is admitted to the practice of law in the state of
Washington. A commissioner has such power, authority, and
jurisdiction in criminal and civil matters as the appointing
judges possess and may prescribe. [1996 c 16 § 3.]
35.20.160 Judges’ salaries. The total of the salaries of
each municipal judge under this chapter shall be fixed by the
legislative body of the city at not less than nine thousand dollars per annum, to be paid in monthly or semimonthly installments as for other officials of the city, and such total salaries
shall not be more than the salaries paid the superior court
judges in the county in which the court is located. [1965 c
147 § 3; 1965 c 7 § 35.20.160. Prior: 1955 c 290 § 16.]
35.20.160
Cities over four hundred thousand, district court judges’ salaries: RCW
3.58.010.
35.20.170 Qualifications of judges—Practice of law
prohibited. No person shall be eligible to the office of judge
of the municipal court unless he shall have been admitted to
practice law before the courts of record of this state and is an
elector of the city in which he files for office. No judge of
said court during his term of office shall engage either
directly or indirectly in the practice of law. [1965 c 7 §
35.20.170. Prior: 1955 c 290 § 17.]
35.20.170
35.20.175 Judicial officers—Disqualification. (1) A
municipal court judicial officer shall not preside in any of the
following cases:
(a) In an action to which the judicial officer is a party, or
in which the judicial officer is directly interested, or in which
the judicial officer has been an attorney for a party.
(b) When the judicial officer or one of the parties
believes that the parties cannot have an impartial trial or hearing before the judicial officer. The judicial officer shall disqualify himself or herself under the provisions of this section
if, before any discretionary ruling has been made, a party files
an affidavit that the party cannot have a fair and impartial
trial or hearing by reason of the interest or prejudice of the
judicial officer. The following are not considered discretionary rulings: (i) The arrangement of the calendar; (ii) the setting of an action, motion, or proceeding for hearing or trial;
(iii) the arraignment of the accused; or (iv) the fixing of bail
and initially setting conditions of release. Only one change
of judicial officer is allowed each party in an action or proceeding.
(2) When a judicial officer is disqualified under this section, the case shall be heard before another judicial officer of
the municipality.
(3) For the purposes of this section, "judicial officer"
means a judge, judge pro tempore, or court commissioner.
[2008 c 227 § 10.]
35.20.175
Effective date—Subheadings not law—2008 c 227: See notes following RCW 3.50.003.
35.20.180 Judges’ oath of office, official bonds. Every
judge of such municipal court, before he enters upon the
duties of his office, shall take and subscribe the following
oath or affirmation: "I do solemnly swear (or affirm) that I
will support the Constitution of the United States and the
Constitution of the State of Washington, and that I will faith35.20.180
(2008 Ed.)
35.20.205
fully discharge the duties of the office of judge of the municipal court of the city of . . . . . . (naming such city) according
to the best of my ability; and I do further certify that I do not
advocate, nor am I a member of an organization that advocates, the overthrow of the government of the United States
by force or violence." The oath shall be filed in the office of
the county auditor. He shall also give such bonds to the state
and city for the faithful performance of his duties as may be
by law or ordinance directed. [1965 c 7 § 35.20.180. Prior:
1955 c 290 § 18.]
35.20.190
35.20.190 Additional judge. Whenever the number of
departments of the municipal court is increased, the mayor of
such city shall appoint a qualified person as provided in RCW
35.20.170 to act as municipal judge until the next general
election. He shall be paid salaries in accordance with the provisions of this chapter and provided with the necessary court,
office space and personnel as authorized herein. [1967 c 241
§ 4; 1965 c 7 § 35.20.190. Prior: 1955 c 290 § 19.]
Application—1967 c 241: See note following RCW 3.66.090.
Severability—1967 c 241: See RCW 3.74.932.
35.20.200
35.20.200 Judges pro tempore. The presiding municipal court judge shall, from attorneys residing in the city and
qualified to hold the position of judge of the municipal court
as provided in RCW 35.20.170, appoint judges pro tempore
who shall act in the absence of the regular judges of the court
or in addition to the regular judges when the administration of
justice and the accomplishment of the work of the court make
it necessary. The presiding municipal court judge may
appoint, as judges pro tempore, any full-time district court
judges serving in the county in which the city is situated. The
term of office must be specified in writing. While acting as
judge of the court, judges pro tempore shall have all of the
powers of the regular judges. Before entering upon his or her
duties, each judge pro tempore shall take, subscribe and file
an oath as is taken by a municipal judge. Judges pro tempore
shall not practice before the municipal court during their term
of office as judge pro tempore. Such municipal judges pro
tempore shall receive such compensation as shall be fixed by
ordinance by the legislative body of the city and such compensation shall be paid by the city except that district court
judges shall not be compensated by the city other than pursuant to an interlocal agreement. [2000 c 55 § 2; 1996 c 16 § 2;
1990 c 182 § 1; 1972 ex.s. c 32 § 2; 1965 c 7 § 35.20.200.
Prior: 1955 c 290 § 20.]
Judges pro tempore appointments: RCW 3.02.060.
35.20.205
35.20.205 Judicial officers—Hearing examiner. The
judges of the municipal court may employ judicial officers to
assist in the administration of justice and the accomplishment
of the work of the court as said work may be assigned to it by
statute or ordinance. The duties and responsibilities of such
officers shall be judicial in nature and shall be fixed by court
rule as adopted by the municipal court judges or fixed by
ordinance of the city. The judicial officers may be authorized
to hear and determine cases involving the commission of traffic infractions as provided in chapter 46.63 RCW. The
*mayor may appoint the judicial officers as judges pro tem[Title 35 RCW—page 61]
35.20.210
Title 35 RCW: Cities and Towns
pore pursuant to RCW 35.20.200: PROVIDED, That the
judicial officer need not be a resident of the city.
To utilize the services of such judicial officers for the
purpose of hearing contested matters relating to the interest
of the city and its citizens and the operation of the various
departments of the city, the city may by ordinance create the
office of hearing examiner in the municipal court and assign
to it judicial duties and responsibilities. [1980 c 128 § 7;
1975 1st ex.s. c 214 § 1.]
*Reviser’s note: "Mayor" was replaced by "presiding municipal court
judge" as the appointing authority for judges pro tempore in RCW
35.20.200, by 2000 c 55 § 2.
Effective date—Severability—1980 c 128: See notes following RCW
46.63.060.
35.20.210 Clerks of court. There shall be a chief clerk
of the municipal court appointed by the judges of the municipal court subject to such civil service laws and rules as may
be provided in such city. After August 11, 1969, those
employees connected with the court under civil service status
shall be continued in such employment and such classification. Before the chief clerk enters upon the duties of the chief
clerk’s office, the chief clerk shall take and subscribe an oath
the same as required for officers of the city, and shall execute
a penal bond in such sum and with such sureties as the legislative body of the city may direct and subject to their
approval, conditioned that the chief clerk will faithfully
account to and pay over to the treasurer of said city all moneys coming into his or her hands as such clerk, and that he or
she will faithfully perform the duties of his or her office to the
best of his or her knowledge and ability. Upon the recommendation of the judges of the municipal court, the legislative body of the city may provide for the appointment of such
assistant clerks of the municipal court as said legislative body
deems necessary, with such compensation as said legislative
body may deem reasonable and such assistant clerks shall be
subject to such civil service as may be provided in such city:
PROVIDED, That the judges of the municipal court shall
appoint such clerks as the board of county commissioners
may determine to handle cases involving violations of state
law, wherein the court has concurrent jurisdiction with the
district and superior court. All clerks of the court shall have
power to administer oaths, swear and acknowledge signatures of those persons filing complaints with the court, take
testimony in any action, suit or proceeding in the court relating to the city or county for which they are appointed, and
may certify any records and documents of the court pertaining thereto. They shall give bond for the faithful performance
of their duties as required by law. [1987 c 202 § 197; 1969
ex.s. c 147 § 4; 1965 c 7 § 35.20.210. Prior: 1955 c 290 § 21.]
35.20.210
Intent—1987 c 202: See note following RCW 2.04.190.
35.20.220 Powers and duties of chief clerk—Remittance by city treasurer—Interest—Disposition. (1) The
chief clerk, under the supervision and direction of the court
administrator of the municipal court, shall have the custody
and care of the books, papers and records of said court; he
shall be present by himself or deputy during the session of
said court, and shall have the power to swear all witnesses
and jurors, and administer oaths and affidavits, and take
acknowledgments. He shall keep the records of said court,
35.20.220
[Title 35 RCW—page 62]
and shall issue all process under his hand and the seal of said
court, and shall do and perform all things and have the same
powers pertaining to his office as the clerks of the superior
courts have in their office. He shall receive all fines, penalties and fees of every kind, and keep a full, accurate and
detailed account of the same; and shall on each day pay into
the city treasury all money received for said city during the
day previous, with a detailed account of the same, and taking
the treasurer’s receipt therefor.
(2) Except as provided in RCW 10.99.080, the city treasurer shall remit monthly thirty-two percent of the noninterest money received under this section, other than for parking
infractions and certain costs to the state treasurer. "Certain
costs" as used in this subsection, means those costs awarded
to prevailing parties in civil actions under RCW 4.84.010 or
36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190,
or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the
specific reimbursement of costs incurred by the state, county,
city, or town in the prosecution of the case, including the fees
of defense counsel. Money remitted under this subsection to
the state treasurer shall be deposited as provided in RCW
43.08.250.
(3) The balance of the noninterest money received under
this section shall be retained by the city and deposited as provided by law.
(4) Penalties, fines, bail forfeitures, fees, and costs may
accrue interest at the rate of twelve percent per annum, upon
assignment to a collection agency. Interest may accrue only
while the case is in collection status.
(5) Interest retained by the court on penalties, fines, bail
forfeitures, fees, and costs shall be split twenty-five percent
to the state treasurer for deposit in the public safety and education account as provided in RCW 43.08.250, twenty-five
percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020,
twenty-five percent to the city general fund, and twenty-five
percent to the city general fund to fund local courts. [2004 c
15 § 9; 1995 c 291 § 4; 1988 c 169 § 6; 1985 c 389 § 8; 1984
c 258 § 319; 1969 ex.s. c 147 § 5; 1965 c 7 § 35.20.220.
Prior: 1955 c 290 § 22.]
Intent—2004 c 15: See note following RCW 10.34.130.
Effective date—1985 c 389: See note following RCW 27.24.070.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.34.130.
35.20.230 Director of probation services—Probation
officers—Bailiffs. The judges of the municipal court shall
appoint a director of probation services who shall, under the
direction and supervision of the court administrator of the
municipal court, supervise the probation officers of the
municipal court. The judges of the municipal court shall also
appoint a bailiff for the court, together with such number of
probation officers and additional bailiffs as may be authorized by the legislative body of the city. The director of probation services, probation officers, and bailiff or bailiffs shall
be paid by the city treasurer in such amount as is deemed reasonable by the legislative body of the city: PROVIDED,
35.20.230
(2008 Ed.)
Municipal Courts—Cities Over Four Hundred Thousand
That such additional probation officers and bailiffs of the
court as may be authorized by the county commissioners
shall be paid from the county treasury. [1998 c 238 § 1; 1969
ex.s. c 147 § 6; 1965 c 7 § 35.20.230. Prior: 1955 c 290 § 23.]
35.20.240 First judges—Transfer of equipment.
Upon the effective date of this chapter (June 8, 1955), any
justice of the peace who was the duly appointed and acting
police justice of the city shall become a judge of the municipal court upon his filing his oath of office and bond as
required by this chapter, and shall serve as a judge of said
municipal court until the regularly elected judges of the court
shall qualify following their election in 1958, or thereafter as
provided in RCW 35.20.150. Such judge shall be paid salaries in accordance with this chapter while so serving. Such
salaries from the city and county shall be in lieu of those now
(June 8, 1955) being paid to the justice of the peace acting as
police justice of the city court: PROVIDED, That upon the
justices of the peace qualifying as municipal judges under
this chapter, the number of justices of the peace for such city
shall be reduced accordingly as provided in RCW 35.20.190.
Should any justice of the peace acting as police judge fail to
qualify as a judge of the municipal court, the mayor of such
city shall designate one of the other justices of the peace of
that city to act as municipal judge until the next general election in November, 1958, and the qualifying of the regularly
elected judge. All furniture and equipment belonging to the
city and county in which the court is situated, now under the
care and custody of the justice of the peace and municipal
judge, shall be transferred to the municipal court for use in
the operation and maintenance of such court. [1965 c 7 §
35.20.240. Prior: 1955 c 290 § 24.]
35.20.240
Reviser’s note: Justices of the peace and courts to be construed to mean
district judges and courts. See RCW 3.30.015.
35.20.250 Concurrent jurisdiction with superior
court and district court. The municipal court shall have
concurrent jurisdiction with the superior court and district
court in all civil and criminal matters as now provided by law
for district judges, and a judge thereof may sit in preliminary
hearings as magistrate. Fines, penalties, and forfeitures
before the court under the provisions of this section shall be
paid to the county treasurer as provided for district court and
commitments shall be to the county jail. Appeals from judgment or order of the court in such cases shall be governed by
the law pertaining to appeals from judgments or orders of district judges operating under chapter 3.30 RCW. [1987 c 202
§ 198; 1979 ex.s. c 136 § 25; 1969 ex.s. c 147 § 7; 1965 c 7 §
35.20.250. Prior: 1955 c 290 § 25.]
35.20.250
Intent—1987 c 202: See note following RCW 2.04.190.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
35.20.255 Deferral or suspension of sentences—Probation—Maximum term—Transfer to another state. (1)
Judges of the municipal court, in their discretion, shall have
the power in all criminal proceedings within their jurisdiction
including violations of city ordinances, to defer imposition of
any sentence, suspend all or part of any sentence including
installment payment of fines, fix the terms of any such deferral or suspension, and provide for such probation as in their
35.20.255
(2008 Ed.)
35.20.270
opinion is reasonable and necessary under the circumstances
of the case, but in no case shall it extend for more than five
years from the date of conviction for a defendant to be sentenced under RCW 46.61.5055 and two years from the date
of conviction for all other offenses. A defendant who has
been sentenced, or whose sentence has been deferred, and
who then fails to appear for any hearing to address the defendant’s compliance with the terms of probation when ordered
to do so by the court, shall have the term of probation tolled
until such time as the defendant makes his or her presence
known to the court on the record. However, the jurisdiction
period in this section does not apply to the enforcement of
orders issued under RCW 46.20.720. Any time before entering an order terminating probation, the court may modify or
revoke its order suspending or deferring the imposition or
execution of the sentence.
(2)(a) If a defendant whose sentence has been deferred
requests permission to travel or transfer to another state, the
director of probation services or a designee thereof shall
determine whether such request is subject to RCW
9.94A.745, the interstate compact for adult offender supervision. If such request is subject to the compact, the director or
designee shall:
(i) Notify the department of corrections of the defendant’s request;
(ii) Provide the department of corrections with the supporting documentation it requests for processing an application for transfer;
(iii) Notify the defendant of the fee due to the department
of corrections for processing an application under the compact;
(iv) Cease supervision of the defendant while another
state supervises the defendant pursuant to the compact;
(v) Resume supervision if the defendant returns to this
state before the period of deferral expires.
(b) The defendant shall receive credit for time served
while being supervised by another state.
(c) If the probationer is returned to the state at the request
of the receiving state under rules of the interstate compact for
adult offender supervision, the department of corrections is
responsible for the cost of returning the probationer.
(d) The state of Washington, the department of corrections and its employees, and any city and its employees are
not liable for civil damages resulting from any act or omission authorized or required under this section unless the act or
omission constitutes gross negligence. [2005 c 400 § 5; 2001
c 94 § 3; 1999 c 56 § 3; 1983 c 156 § 8; 1969 ex.s. c 147 § 9.]
Application—Effective date—2005 c 400: See notes following RCW
9.94A.74504.
35.20.260 Subpoenas—Witness fees. The court shall
have authority to subpoena witnesses as now authorized in
superior courts throughout the state. Such witnesses shall be
paid according to law with mileage as authorized for witnesses to such cases. [1965 c 7 § 35.20.260. Prior: 1955 c
290 § 26.]
35.20.260
35.20.270 Warrant officer—Position created—
Authority—Service of criminal and civil process—Jurisdiction—Costs. (1) The position of warrant officer is hereby
created and shall be maintained by the city within the city
35.20.270
[Title 35 RCW—page 63]
35.20.280
Title 35 RCW: Cities and Towns
police department. The number and qualifications of warrant
officers shall be fixed by ordinance, and their compensation
shall be paid by the city.
(2) Warrant officers shall be vested only with the special
authority to make arrests authorized by warrants and other
arrests as are authorized by ordinance.
(3) All criminal and civil process issuing out of courts
created under this title shall be directed to the chief of police
of the city served by the court and/ or to the sheriff of the
county in which the court is held and/or the warrant officers
and be by them executed according to law in any county of
this state.
(4) No process of courts created under this title shall be
executed outside the corporate limits of the city served by the
court unless the person authorized by the process first contacts the applicable law enforcement agency in whose jurisdiction the process is to be served.
(5) Upon a defendant being arrested in another city or
county the cost of arresting or serving process thereon shall
be borne by the court issuing the process including the cost of
returning the defendant from any county of the state to the
city.
(6) Warrant officers shall not be entitled to death, disability, or retirement benefits pursuant to chapter 41.26 RCW
on the basis of service as a warrant officer as described in this
section. [1992 c 99 § 1; 1977 ex.s. c 108 § 1.]
35.20.280 City trial court improvement account—
Contribution by city to account—Use of funds. Any city
operating a municipal court under this chapter that receives
state contribution for municipal court judges’ salaries under
RCW 2.56.030 shall create a city trial court improvement
account. An amount equal to one hundred percent of the
state’s contribution for the payment of municipal judges’ salaries shall be deposited into the account. Money in the
account shall be used to fund improvements to the municipal
court’s staffing, programs, facilities, or services, as appropriated by the city legislative authority. [2005 c 457 § 5.]
35.20.280
Intent—2005 c 457: See note following RCW 43.08.250.
35.20.910 Construction of other laws. All acts or parts
of acts which are inconsistent or conflicting with the provisions of this chapter, are hereby repealed or modified accordingly. No provision of this chapter shall be construed as
repealing or anywise limiting or affecting the jurisdiction of
district judges under the general laws of this state. [1987 c
202 § 199; 1965 c 7 § 35.20.910. Prior: 1955 c 290 § 28.]
35.20.910
Intent—1987 c 202: See note following RCW 2.04.190.
35.20.921 Severability—1969 ex.s. c 147. If any provision of this 1969 amendatory act, or its application to any
person or circumstance is held invalid, the remainder of the
act, or the application of the provision to other persons or circumstances is not affected. [1969 ex.s. c 147 § 11.]
35.21.015
35.21.020
35.21.030
35.21.070
35.21.080
35.21.085
35.21.086
35.21.087
35.21.088
35.21.090
35.21.100
35.21.110
35.21.120
35.21.130
35.21.135
35.21.140
35.21.150
35.21.152
35.21.154
35.21.156
35.21.157
35.21.158
35.21.160
35.21.163
35.21.165
35.21.175
35.21.180
35.21.185
35.21.190
35.21.200
35.21.203
35.21.205
35.21.207
35.21.209
35.21.210
35.21.215
35.21.217
35.21.220
35.21.225
35.21.228
35.21.230
35.21.240
35.21.250
35.21.260
35.21.270
35.21.275
35.21.278
35.21.280
35.21.290
35.21.300
35.21.305
35.21.310
35.20.921
Chapter 35.21
Sections
35.21.005
35.21.010
Chapter 35.21 RCW
MISCELLANEOUS PROVISIONS
Sufficiency of petitions.
General corporate powers—Towns, restrictions as to area.
[Title 35 RCW—page 64]
35.21.315
35.21.320
35.21.333
35.21.334
35.21.335
35.21.340
35.21.350
35.21.360
35.21.370
35.21.380
35.21.385
35.21.390
Salary commissions.
Auditoriums, art museums, swimming pools, etc.—Power to
acquire.
Auxiliary water systems for protection from fire.
Cumulative reserve fund—Authority to create.
Cumulative reserve fund—Annual levy for—Application of
budget law.
Payrolls fund—Claims fund.
Payrolls fund—Transfers from insolvent funds.
Employee checks, drafts, warrants—City, town may cash.
Equipment rental fund.
Dikes, levees, embankments—Authority to construct.
Donations—Authority to accept and use.
Ferries—Authority to acquire and maintain.
Solid waste handling system—Contracts.
Solid waste or recyclable materials collection—Ordinance.
Solid waste or recyclable materials collection—Curbside recycling—Reduced rate.
Garbage—Notice of lien—Foreclosure.
Garbage—Lien—Priority.
Solid waste handling—Agreements—Purposes—Terms and
conditions.
Solid waste—Compliance with chapter 70.95 RCW required.
Solid waste—Contracts with vendors for solid waste handling
systems, plants, sites, or facilities—Requirements—Vendor
selection procedures.
Solid waste collection—Rate increase notice.
Collection and transportation of recyclable materials by recycling companies or nonprofit entities—Reuse or reclamation—Application of chapter.
Jurisdiction over adjacent waters.
Penalty for act constituting a crime under state law—Limitation.
Driving while under the influence of liquor or drug—Minimum penalties.
Offices to be open certain days and hours.
Ordinances—Adoption of codes by reference.
Ordinances—Information pooling.
Parkways, park drives, and boulevards.
Residence qualifications of appointive officials and employees.
Recall sufficiency hearing—Payment of defense expenses.
Liability insurance for officials and employees.
Liability insurance for officers and employees authorized.
Insurance and workers’ compensation for offenders performing community restitution.
Sewerage, drainage, and water supply.
Powers relative to systems of sewerage.
Utility services—Deposit—Tenants’ delinquencies—Lien.
Sidewalks—Regulation of use of.
Transportation benefit districts.
Rail fixed guideway system—Safety program plan and security and emergency preparedness plan.
Streets over tidelands declared public highways.
Streets over tidelands—Control of.
Streets and alleys over first-class tidelands—Control of.
Streets—Annual report to secretary of transportation.
Streets—Records of funds received and used for construction,
repair, maintenance.
Street improvements—Provision of supplies or materials.
Contracts with community service organizations for public
improvements—Limitations.
Tax on admissions—Exceptions.
Utility services—Lien for.
Utility services—Enforcement of lien—Limitations on termination of service for residential heating.
Utility connection charges—Waiver for low-income persons.
Removal of overhanging or obstructing vegetation—Removal,
destroying debris.
Amateur radio antennas—Local regulation to conform with
federal law.
Warrants—Interest rate—Payment.
Chief of police or marshal—Eligibility requirements.
Chief of police or marshal—Background investigation.
Chief of police or marshal—Vacancy.
Cemeteries and funeral facilities.
Civil service in police and fire departments.
Eminent domain by cities and towns.
Joint county and city hospitals.
Joint county and city buildings.
Counties with a population of two hundred ten thousand or
more may contract with cities concerning buildings and
related improvements.
Public employment, civil service and pensions.
(2008 Ed.)
Miscellaneous Provisions
35.21.395
35.21.400
35.21.403
35.21.404
35.21.405
35.21.407
35.21.410
35.21.412
35.21.415
35.21.417
35.21.418
35.21.420
35.21.422
35.21.425
35.21.426
35.21.427
35.21.430
35.21.440
35.21.450
35.21.455
35.21.465
35.21.470
35.21.475
35.21.500
35.21.510
35.21.520
35.21.530
35.21.540
35.21.550
35.21.560
35.21.570
35.21.590
35.21.630
35.21.635
35.21.640
35.21.650
35.21.660
35.21.670
35.21.680
35.21.684
35.21.685
35.21.687
35.21.688
35.21.690
35.21.692
35.21.695
(2008 Ed.)
Historic preservation—Authorization to acquire property, borrow money, issue bonds, etc.
City may acquire property for parks, recreational, viewpoint,
greenbelt, conservation, historic, scenic, or view purposes.
Authority to establish lake and beach management districts.
Fish enhancement project—City’s or town’s liability.
Moorage facilities—Regulations authorized—Port charges,
delinquency—Abandoned vessels, public sale.
Abandoned or derelict vessels.
Nonpolluting power generation by individual—Exemption
from regulation—Authorization to contract with utility.
Hydroelectric resources—Separate legal authority—Creation
by irrigation districts and cities, towns, or public utility districts.
Electrical utilities—Civil immunity of officials and employees
for good faith mistakes and errors of judgment.
Hydroelectric reservoir extending across international boundary—Agreement with Province of British Columbia.
Hydroelectric reservoir extending across international boundary—Commission—Powers.
Utilities—City may support county in which generating plant
located.
Utilities—Cities in a county with a population of two hundred
ten thousand or more west of Cascades may support cities,
towns, counties and taxing districts in which facilities
located.
City constructing generating facility in other county—Reimbursement of county or school district.
City constructing generating facility in other county—Notice
of loss—Negotiations—Arbitration.
City constructing generating facility in other county—Additional findings—Renegotiation.
Utilities—City may pay taxing districts involved after acquisition of private power facilities.
Utilities—Additional payments to school districts having
bonded indebtedness.
Utilities—Payment of taxes.
Locally regulated utilities—Attachments to poles.
Crop purchase contracts for dedicated energy crops.
Building construction projects—City or town prohibited from
requiring state agencies or local governments to provide
bond or other security as a condition for issuance of permit.
Statement of restrictions applicable to real property.
Compilation, codification, revision of city or town ordinances—Scope of codification.
Compilation, codification, revision of city or town ordinances—Authorized.
Compilation, codification, revision of city or town ordinances—Adoption as official code of city.
Compilation, codification, revision of city or town ordinances—Filing—Notice of hearing.
Compilation, codification, revision of city or town ordinances—Legislative body may amend, adopt, or reject
adopting ordinance—When official code.
Compilation, codification, revision of city or town ordinances—Copies as proof of ordinances.
Compilation, codification, revision of city or town ordinances—Adoption of new material.
Compilation, codification, revision of city or town ordinances—Codification satisfies single subject, title, and
amendment requirements of statute or charter.
Executory conditional sales contracts for purchase of property—Limit on indebtedness—Election, when.
Youth agencies—Establishment authorized.
Juvenile curfews.
Conferences to study regional and governmental problems,
counties and cities may establish.
Prepayment of taxes or assessments authorized.
Demonstration Cities and Metropolitan Development Act—
Agreements with federal government—Scope of authority.
Demonstration Cities and Metropolitan Development Act—
Powers and limitations of public corporations, commissions
or authorities created.
Participation in Economic Opportunity Act programs.
Authority to regulate placement or use of homes—Regulation
of manufactured homes—Issuance of permits—Restrictions
on location of mobile homes or manufactured homes.
Low-income housing—Loans and grants.
Affordable housing—Inventory of suitable housing.
Family day-care provider’s home facility—City or town may
not prohibit in residential or commercial area—Conditions.
Authority to regulate auctioneers—Limitations.
Authority to regulate massage practitioners—Limitations.
Authority to own and operate professional sports franchise.
35.21.696
35.21.698
35.21.700
35.21.703
35.21.706
35.21.710
35.21.711
35.21.712
35.21.714
35.21.715
35.21.717
35.21.718
35.21.720
35.21.730
35.21.735
35.21.740
35.21.745
35.21.747
35.21.750
35.21.755
35.21.756
35.21.757
35.21.759
35.21.760
35.21.762
35.21.765
35.21.766
35.21.7661
35.21.768
35.21.769
35.21.770
35.21.772
35.21.775
35.21.778
35.21.779
35.21.780
35.21.790
35.21.800
35.21.805
35.21.810
35.21.815
35.21.820
35.21.830
35.21.840
35.21.845
Chapter 35.21
Newspaper carrier regulation.
Regulation of financial transactions—Limitations.
Tourist promotion.
Economic development programs.
Imposition or increase of business and occupation tax—Referendum procedure required—Exclusive procedure.
License fees or taxes on certain business activities—Uniform
rate required—Maximum rate established.
License fees or taxes on certain business activities—Excess
rates authorized by voters.
License fees or taxes on telephone business to be at uniform
rate.
License fees or taxes on telephone business—Imposition on
certain gross revenues authorized—Limitations.
Taxes on network telephone services.
Taxation of internet services—Moratorium.
State route No. 16—Tax on operation prohibited.
City contracts to obtain sheriff’s office law enforcement services.
Public corporations—Powers of cities, towns, and counties—
Administration.
Public corporations—Declaration of public purpose—Power
and authority to enter into agreements, receive and expend
funds—Security—Special funds—Agreements to implement federal new markets tax credit program.
Public corporations—Exercise of powers, authorities, or
rights—Territorial jurisdiction.
Public corporations—Provision for, control over—Powers.
Public corporations—Real property transferred by city, town,
or county—Restrictions, notice, public meeting.
Public corporations—Insolvency or dissolution.
Public corporations—Exemption or immunity from taxation—
In lieu excise tax.
Tax exemption—Sales/leasebacks by regional transit authorities.
Public corporations—Statutes to be construed consistent with
state Constitution.
Public corporations, commissions, and authorities—Applicability of general laws.
Legal interns—Employment authorized.
Urban emergency medical service districts—Creation authorized in city or town with territory in two counties.
Fire protection, ambulance or other emergency services provided by municipal corporation within county—Financial
and other assistance by county authorized.
Ambulance services—Establishment authorized.
Study and review of ambulance utilities.
Ambulance services—Excise taxes authorized—Use of proceeds.
Levy for emergency medical care and services.
Members of legislative bodies authorized to serve as volunteer
firefighters, volunteer ambulance personnel, or reserve law
enforcement officers.
Fire department volunteers—Holding public office—Definitions.
Provision of fire protection services to state-owned facilities.
Existing contracts for fire protection services and equipment
not abrogated.
Fire protection services for state-owned facilities—Contracts
with the department of community, trade, and economic
development—Consolidation of negotiations with multiple
state agencies—Arbitration.
Laws, rules and regulations applicable to cities five hundred
thousand or over deemed applicable to cities four hundred
thousand or over.
Revision of corporate boundary within street, road, or highway
right-of-way by substituting right-of-way line—Not subject
to review.
Foreign trade zones—Legislative finding, intent.
Foreign trade zones—Authority to apply for permission to
establish, operate and maintain.
Hydroplane races—Providing for restrooms and other services
in public parks for spectators—Admission fees—Authorized.
Hydroplane races—Levying of admission charges declared
public park purpose—Reversion prohibited.
Acquisition and disposal of vehicles for commuter ride sharing
by city employees.
Controls on rent for residential structures—Prohibited—
Exceptions.
Taxation of motor carriers of freight for hire—Allocation of
gross receipts.
Taxation of motor carriers of freight for hire—Tax allocation
formula.
[Title 35 RCW—page 65]
35.21.005
35.21.850
35.21.851
35.21.855
35.21.860
35.21.865
35.21.870
35.21.871
35.21.873
35.21.875
35.21.880
35.21.890
35.21.895
35.21.897
35.21.900
35.21.905
Title 35 RCW: Cities and Towns
Taxation of motor carriers of freight for hire—Limitation—
Exceptions.
Taxation of chamber of commerce, similar business for operation of parking/business improvement area.
Taxation of intellectual property creating activities—Gross
receipts tax prohibited—Exceptions.
Electricity, telephone, or natural gas business, service provider—Franchise fees prohibited—Exceptions.
Electricity, telephone, or natural gas business—Limitations on
tax rate changes.
Electricity, telephone, natural gas, or steam energy business—
Tax limited to six percent—Exception.
Tax on telephone business—Deferral of rate reduction.
Procedure to correct erroneous mobile telecommunications
service tax.
Designation of official newspaper.
Right-of-way donations—Credit against required improvements.
Boundary changes—Providing factual information—Notice to
boundary review board.
Regulation of automatic number or location identification—
Prohibited.
Mobile home, manufactured home, or park model moving or
installing—Copies of permits—Definitions.
Authority to transfer real property.
Consultation with public utilities for water-sewer facility relocation projects.
Accident claims against: RCW 35.31.020.
Acquisition of interests in land for conservation, protection, preservation, or
open space purposes by cities or towns: RCW 64.04.130.
Actions against
public corporations: RCW 4.08.120.
state: Chapter 4.92 RCW.
Actions by in corporate name: RCW 4.08.110.
Cemeteries, public acquisition and maintenance: Chapter 68.52 RCW.
Diking and drainage districts: Chapters 85.05, 86.09 RCW.
Disturbances at state penal facilities: Chapter 72.02 RCW.
Dog handler using dog in line of duty—Immunity: RCW 4.24.410.
Eminent domain by cities: Chapter 8.12 RCW.
Fire protection districts: Title 52 RCW.
Flood control maintenance, state participation in: Chapter 86.26 RCW.
Hospitals, joint operation with counties: RCW 36.62.030, 36.62.110.
Industrial development revenue bonds: Chapter 39.84 RCW.
Intergovernmental disposition of property: Chapter 39.33 RCW.
Irrigation districts: Chapter 87.03 RCW.
Joint governmental activities: Chapter 36.64 RCW.
Judgment against local governmental entity, enforcement: RCW 6.17.080.
Legal publications: Chapter 65.16 RCW.
Liquor
revolving fund, distribution from: RCW 66.08.190, 66.08.210.
sales of subject to local option: Chapter 66.40 RCW.
Local adopt-a-highway programs: RCW 47.40.105.
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review board: Chapter 36.93 RCW.
Local law enforcement agencies, reports by regarding missing children:
RCW 13.60.020.
Senior citizens programs—Authorization to establish and administer: RCW
36.39.060.
Soil and water conservation districts: Chapter 89.08 RCW.
Transfer of real property or contract for use for park and recreational purposes: RCW 39.33.060.
Unclaimed property in hands of city police: Chapter 63.32 RCW.
Water-sewer districts: Title 57 RCW.
Weeds, duty to destroy, extermination areas: RCW 17.04.160.
35.21.005 Sufficiency of petitions. Wherever in this
title petitions are required to be signed and filed, the following rules shall govern the sufficiency thereof:
(1) A petition may include any page or group of pages
containing an identical text or prayer intended by the circulators, signers or sponsors to be presented and considered as
one petition and containing the following essential elements
when applicable, except that the elements referred to in (d)
and (e) of this subsection are essential for petitions referring
or initiating legislative matters to the voters, but are directory
as to other petitions:
(a) The text or prayer of the petition which shall be a
concise statement of the action or relief sought by petitioners
and shall include a reference to the applicable state statute or
city ordinance, if any;
(b) If the petition initiates or refers an ordinance, a true
copy thereof;
(c) If the petition seeks the annexation, incorporation,
withdrawal, or reduction of an area for any purpose, an accurate legal description of the area proposed for such action and
if practical, a map of the area;
(d) Numbered lines for signatures with space provided
beside each signature for the name and address of the signer
and the date of signing;
(e) The warning statement prescribed in subsection (2) of
this section.
(2) Petitions shall be printed or typed on single sheets of
white paper of good quality and each sheet of petition paper
having a space thereon for signatures shall contain the text or
prayer of the petition and the following warning:
35.21.005
WARNING
Every person who signs this petition with any other
than his or her true name, or who knowingly signs
more than one of these petitions, or signs a petition
seeking an election when he or she is not a legal
voter, or signs a petition when he or she is otherwise
not qualified to sign, or who makes herein any false
statement, shall be guilty of a misdemeanor.
Lost and found property: Chapter 63.21 RCW.
Meetings, minutes of governmental bodies, open to public inspection: Chapter 42.30 RCW.
Municipal utilities: Chapter 35.92 RCW.
Each signature shall be executed in ink or indelible pencil and shall be followed by the name and address of the
signer and the date of signing.
Municipal water and sewer facilities act: Chapter 35.91 RCW.
(3) The term "signer" means any person who signs his or
her own name to the petition.
(4) To be sufficient a petition must contain valid signatures of qualified registered voters or property owners, as the
case may be, in the number required by the applicable statute
or ordinance. Within three working days after the filing of a
petition, the officer with whom the petition is filed shall
transmit the petition to the county auditor for petitions signed
Peddlers’ and hawkers’ licenses: Chapter 36.71 RCW, RCW 73.04.050,
73.04.060.
Port districts: Title 53 RCW.
Public records, destruction of: Chapter 40.14 RCW.
Public utility districts: Title 54 RCW.
Residence qualifications of civil service employees—Residency not grounds
for discharge: RCW 52.30.050.
[Title 35 RCW—page 66]
(2008 Ed.)
Miscellaneous Provisions
by registered voters, or to the county assessor for petitions
signed by property owners for determination of sufficiency.
The officer or officers whose duty it is to determine the sufficiency of the petition shall proceed to make such a determination with reasonable promptness and shall file with the
officer receiving the petition for filing a certificate stating the
date upon which such determination was begun, which date
shall be referred to as the terminal date. Additional pages of
one or more signatures may be added to the petition by filing
the same with the appropriate filing officer prior to such terminal date. Any signer of a filed petition may withdraw his
or her signature by a written request for withdrawal filed with
the receiving officer prior to such terminal date. Such written
request shall so sufficiently describe the petition as to make
identification of the person and the petition certain. The
name of any person seeking to withdraw shall be signed
exactly the same as contained on the petition and, after the filing of such request for withdrawal, prior to the terminal date,
the signature of any person seeking such withdrawal shall be
deemed withdrawn.
(5) Petitions containing the required number of signatures shall be accepted as prima facie valid until their invalidity has been proved.
(6) A variation on petitions between the signatures on the
petition and that on the voter’s permanent registration caused
by the substitution of initials instead of the first or middle
names, or both, shall not invalidate the signature on the petition if the surname and handwriting are the same.
(7) Signatures, including the original, of any person who
has signed a petition two or more times shall be stricken.
(8) Signatures followed by a date of signing which is
more than six months prior to the date of filing of the petition
shall be stricken.
(9) When petitions are required to be signed by the owners of property, the determination shall be made by the
county assessor. Where validation of signatures to the petition is required, the following shall apply:
(a) The signature of a record owner, as determined by the
records of the county auditor, shall be sufficient without the
signature of his or her spouse;
(b) In the case of mortgaged property, the signature of
the mortgagor shall be sufficient, without the signature of his
or her spouse;
(c) In the case of property purchased on contract, the signature of the contract purchaser, as shown by the records of
the county auditor, shall be deemed sufficient, without the
signature of his or her spouse;
(d) Any officer of a corporation owning land within the
area involved who is duly authorized to execute deeds or
encumbrances on behalf of the corporation, may sign on
behalf of such corporation, and shall attach to the petition a
certified excerpt from the bylaws of such corporation showing such authority;
(e) When the petition seeks annexation, any officer of a
corporation owning land within the area involved, who is
duly authorized to execute deeds or encumbrances on behalf
of the corporation, may sign under oath on behalf of such corporation. If an officer signs the petition, he or she must attach
an affidavit stating that he or she is duly authorized to sign the
petition on behalf of such corporation;
(2008 Ed.)
35.21.015
(f) When property stands in the name of a deceased person or any person for whom a guardian has been appointed,
the signature of the executor, administrator, or guardian, as
the case may be, shall be equivalent to the signature of the
owner of the property; and
(g) When a parcel of property is owned by multiple owners, the signature of an owner designated by the multiple
owners is sufficient.
(10) The officer or officers responsible for determining
the sufficiency of the petition shall do so in writing and transmit the written certificate to the officer with whom the petition was originally filed. [2008 c 196 § 1; 2003 c 331 § 8;
1996 c 286 § 6.]
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
35.21.010
35.21.010 General corporate powers—Towns,
restrictions as to area. (1) Municipal corporations now or
hereafter organized are bodies politic and corporate under the
name of the city of . . . . . ., or the town of . . . . . ., as the case
may be, and as such may sue and be sued, contract or be contracted with, acquire, hold, possess and dispose of property,
subject to the restrictions contained in other chapters of this
title, having a common seal, and change or alter the same at
pleasure, and exercise such other powers, and have such other
privileges as are conferred by this title. However, not more
than two square miles in area shall be included within the corporate limits of a town having a population of fifteen hundred
or less, or located in a county with a population of one million
or more, and not more than three square miles in area shall be
included within the corporate limits of a town having a population of more than fifteen hundred in a county with a population of less than one million, nor shall more than twenty
acres of unplatted land belonging to any one person be taken
within the corporate limits of a town without the consent of
the owner of such unplatted land.
(2) Notwithstanding subsections (1) and (3) of this section, a town located in three or more counties is excluded
from a limitation in square mileage.
(3) Except as provided in subsection (2) of this section,
the original incorporation of a town shall be limited to an area
of not more than one square mile and a population as prescribed in RCW 35.01.040. [1995 c 196 § 5; 1991 c 363 § 37;
1965 c 138 § 1; 1965 c 7 § 35.21.010. Prior: 1963 c 119 § 1;
1890 p 141 § 15, part; RRS § 8935.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Validation of certain incorporations and annexations—Municipal
corporations of the fourth class—1961 ex.s. c 16: "Any incorporation of a
municipal corporation of the fourth class and any annexation of territory to a
municipal corporation of the fourth class prior to March 31, 1961, which is
otherwise valid except for compliance with the limitation to the area of one
square mile as prescribed by section 15, page 141, Laws of 1889-90, is
hereby validated and declared to be a valid incorporation or annexation in all
respects." [1961 ex.s. c 16 § 1.]
35.21.015
35.21.015 Salary commissions. (1) Salaries for elected
officials of towns and cities may be set by salary commissions established in accordance with city charter or by ordinance and in conformity with this section.
[Title 35 RCW—page 67]
35.21.020
Title 35 RCW: Cities and Towns
(2) The members of such commissions shall be
appointed in accordance with the provisions of a city charter,
or as specified in this subsection:
(a) Shall be appointed by the mayor with approval of the
city council;
(b) May not be appointed to more than two terms;
(c) May only be removed during their terms of office for
cause of incapacity, incompetence, neglect of duty, or malfeasance in office or for a disqualifying change of residence;
and
(d) May not include any officer, official, or employee of
the city or town or any of their immediate family members.
"Immediate family member" as used in this subsection means
the parents, spouse, siblings, children, or dependent relatives
of the officer, official, or employee, whether or not living in
the household of the officer, official, or employee.
(3) Any change in salary shall be filed by the commission with the city clerk and shall become effective and incorporated into the city or town budget without further action of
the city council or salary commission.
(4) Salary increases established by the commission shall
be effective as to all city or town elected officials, regardless
of their terms of office.
(5) Salary decreases established by the commission shall
become effective as to incumbent city or town elected officials at the commencement of their next subsequent terms of
office.
(6) Salary increases and decreases shall be subject to referendum petition by the people of the town or city in the same
manner as a city ordinance upon filing of such petition with
the city clerk within thirty days after filing of the salary
schedule. In the event of the filing of a valid referendum petition, the salary increase or decrease shall not go into effect
until approved by vote of the people.
(7) Referendum measures under this section shall be submitted to the voters of the city or town at the next following
general or municipal election occurring thirty days or more
after the petition is filed, and shall be otherwise governed by
the provisions of the state Constitution, or city charter, or
laws generally applicable to referendum measures.
(8) The action fixing the salary by a commission established in conformity with this section shall supersede any
other provision of state statute or city or town ordinance
related to municipal budgets or to the fixing of salaries.
(9) Salaries for mayors and councilmembers established
under an ordinance or charter provision in existence on July
22, 2001, that substantially complies with this section shall
remain in effect unless and until changed in accordance with
such charter provision or ordinance. [2001 c 73 § 4.]
Findings—Intent—2001 c 73: "The legislature hereby finds and
declares that:
(1) Article XXX, section 1 of the state Constitution permits midterm
salary increases for municipal officers who do not fix their own compensation;
(2) The Washington citizens’ commission on salaries for elected officials established pursuant to Article XXVIII, section 1 of the state Constitution with voter approval has assured that the compensation for state and
county elected officials will be fair and certain, while minimizing the dangers of midterm salary increases being used to influence those officers in the
performance of their duties;
(3) The same public benefits of independent salary commissions
should be extended to the setting of compensation of municipal elected officers; and
[Title 35 RCW—page 68]
(4) This act is intended to clarify the intent of the legislature that existing state law authorizes:
(a) The establishment of independent salary commissions to set the salaries of city or town elected officials, county commissioners, and county
councilmembers; and
(b) The authority of the voters of such cities, towns, and counties to
review commission decisions to increase or decrease such salaries by means
of referendum." [2001 c 73 § 1.]
Severability—2001 c 73: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2001 c 73 § 6.]
35.21.020 Auditoriums, art museums, swimming
pools, etc.—Power to acquire. Any city or town in this state
acting through its council or other legislative body, and any
separately organized park district acting through its board of
park commissioners or other governing officers, shall have
power to acquire by donation, purchase or condemnation, and
to construct and maintain public auditoriums, art museums,
swimming pools, and athletic and recreational fields, including golf courses, buildings and facilities within or without its
parks, and to use or let the same for such public and private
purposes for such compensation and rental and upon such
conditions as its council or other legislative body or board of
park commissioners shall from time to time prescribe. [1965
c 7 § 35.21.020. Prior: 1947 c 28 § 1; 1937 c 98 § 1; Rem.
Supp. 1947 § 8981-4.]
35.21.020
Acquisition of property for parks, recreational, viewpoint, greenbelt, conservation, historic, scenic or view purposes: RCW 36.34.340.
35.21.030 Auxiliary water systems for protection
from fire. Any city or town shall have power to provide for
the protection of such city or town, or any part thereof, from
fire, and to establish, construct and maintain an auxiliary
water system, or systems, or extensions thereof, or additions
thereto, and the structures and works necessary therefor or
forming a part thereof, including the acquisition or damaging
of lands, rights-of-way, rights, property, water rights, and the
necessary sources of supply of water for such purposes,
within or without the corporate limits of such city or town,
and to manage, regulate and control the same. [1965 c 7 §
35.21.030. Prior: 1911 c 98 § 5; RRS § 9356.]
35.21.030
35.21.070 Cumulative reserve fund—Authority to
create. Any city or town may establish by ordinance a cumulative reserve fund in general terms for several different
municipal purposes as well as for a very specific municipal
purpose, including that of buying any specified supplies,
material or equipment, or the construction, alteration or
repair of any public building or work, or the making of any
public improvement, or for creation of a revenue stabilization
fund for future operations. The ordinance shall designate the
fund as "cumulative reserve fund for . . . . . . . . . (naming purpose or purposes for which fund is to be accumulated and
expended)." The moneys in the fund may be allowed to accumulate from year to year until the legislative authority of the
city or town shall determine to expend the moneys in the fund
for the purpose or purposes specified: PROVIDED, That any
moneys in the fund shall never be expended for any other
purpose or purposes than those specified, without an approving vote by a two-thirds majority of the members of the legislative authority of the city or town. [1983 c 173 § 1; 1965 c
35.21.070
(2008 Ed.)
Miscellaneous Provisions
7 § 35.21.070. Prior: 1953 c 38 § 1; 1941 c 60 § 1; Rem.
Supp. 1941 § 9213-5.]
35.21.080 Cumulative reserve fund—Annual levy
for—Application of budget law. An item for said cumulative reserve fund may be included in the city or town’s annual
budget or estimate of amounts required to meet public
expense for the ensuing year and a tax levy made within the
limits and as authorized by law for said item; and said item
and levy may be repeated from year to year until, in the judgment of the legislative body of the city or town, the amount
required for the specified purpose or purposes has been raised
or accumulated. Any moneys in said fund at the end of the
fiscal year shall not lapse nor shall the same be a surplus
available or which may be used for any other purpose or purposes than those specified, except as herein provided. [1965
c 7 § 35.21.080. Prior: 1953 c 38 § 2; 1941 c 60 § 2; Rem.
Supp. 1941 § 9213-6.]
35.21.080
35.21.085 Payrolls fund—Claims fund. The legislative authority of any city or town is authorized to create the
following special funds:
(1) Payrolls—into which moneys may be placed from
time to time as directed by the legislative authority from any
funds available and upon which warrants may be drawn and
cashed for the purpose of paying any moneys due city
employees for salaries and wages. The accounts of the city or
town shall be so kept that they shall show the department or
departments and amounts to which the payment is properly
chargeable.
(2) Claims—into which may be paid moneys from time
to time from any funds which are available and upon which
warrants may be issued and paid in payment of claims against
the city or town for any purpose. The accounts of the city or
town shall be so kept that they shall show the department or
departments and the respective amounts for which the warrant is issued and paid. [1965 c 7 § 35.21.085. Prior: 1953 c
27 § 1.]
35.21.085
35.21.086 Payrolls fund—Transfers from insolvent
funds. Transfers from an insolvent fund to the payrolls fund
or claims fund shall be by warrant. [1965 c 7 § 35.21.086.
Prior: 1953 c 27 § 2.]
35.21.086
35.21.087 Employee checks, drafts, warrants—City,
town may cash. Any city or town is hereby authorized, at its
option and after the adoption of the appropriate ordinance, to
accept in exchange for cash a payroll check, draft, or warrant;
expense check, draft, or warrant; or personal check from a
city or town employee in accordance with the following conditions:
(1) The check, warrant, or draft must be drawn to the
order of cash or bearer and be immediately payable by a
drawee financial institution;
(2) The person presenting the check, draft, or warrant to
the city or town must produce identification as outlined by
the city or town in the authorizing ordinance;
(3) The payroll check, draft, or warrant or expense
check, draft, or warrant must have been issued by the city or
town; and
35.21.087
(2008 Ed.)
35.21.088
(4) Personal checks cashed pursuant to this authorization
cannot exceed two hundred dollars.
In the event that any personal check cashed for a city or
town employee by the city or town under this section is dishonored by the drawee financial institution when presented
for payment, the city or town is authorized, after notice to the
drawer or endorser of the dishonor, to withhold from the
drawer’s or endorser’s next payroll check, draft, or warrant
the full amount of the dishonored check. [1991 c 185 § 1.]
35.21.088 Equipment rental fund. Any city or town
may create, by ordinance, an "equipment rental fund," hereinafter referred to as "the fund," in any department of the city or
town to be used as a revolving fund to be expended for salaries, wages, and operations required for the repair, replacement, purchase, and operation of equipment, and for the purchase of equipment, materials, and supplies to be used in the
administration and operation of the fund.
The legislative authority of a city or town may transfer
any equipment, materials or supplies of any office or department to the equipment rental fund either without charge, or
may grant a credit to such office or department equivalent to
the value of the equipment, materials or supplies transferred.
An office or department receiving such a credit may use it
any time thereafter for renting or purchasing equipment,
materials, supplies or services from the equipment rental
fund.
Money may be placed in the fund from time to time by
the legislative authority of the city or town. Cities and towns
may purchase and sell equipment, materials and supplies by
use of such fund, subject to any laws governing the purchase
and sale of property. Such equipment, materials and supplies
may be rented for the use of various offices and departments
of any city or town or may be rented by any such city or town
to governmental agencies. The proceeds received by any city
or town from the sale or rental of such property shall be
placed in the fund, and the purchase price of any such property or rental payments made by a city or town shall be made
from moneys available in the fund. The ordinance creating
the fund shall designate the official or body that is to administer the fund and the terms and charges for the rental for the
use of any such property which has not been purchased for its
own use out of its own funds and may from time to time
amend such ordinance.
There shall be paid monthly into the fund out of the moneys available to the department using any equipment, materials, and/or supplies, which have not been purchased by that
department for its own use and out of its own funds, reasonable rental charges fixed by the legislative authority of the
city or town, and moneys in the fund shall be retained there
from year to year so long as the legislative authority of the
city or town desires to do so.
Every city having a population of more than eight thousand, according to the last official census, shall establish such
an equipment rental fund in its street department or any other
department of city government. Such fund shall acquire the
equipment necessary to serve the needs of the city street
department. Such fund may, in addition, be created to service
any other departments of city government or other governmental agencies as authorized hereinabove. [1965 c 7 §
35.21.088. Prior: 1963 c 115 § 7; 1953 c 67 § 1.]
35.21.088
[Title 35 RCW—page 69]
35.21.090
Title 35 RCW: Cities and Towns
Census to be conducted in decennial periods: State Constitution Art. 2 § 3.
Determination of population: Chapter 43.62 RCW.
35.21.090 Dikes, levees, embankments—Authority to
construct. Any city or town shall have power to provide for
the protection of such city or town, or any part thereof, from
overflow, and to establish, construct and maintain dikes,
levees, embankments, or other structures and works, or to
open, deepen, straighten or otherwise enlarge natural watercourses, waterways and other channels, including the acquisition or damaging of lands, rights-of-way, rights and property therefor, within or without the corporate limits of such
city or town, and to manage, regulate and control the same.
[1965 c 7 § 35.21.090. Prior: 1911 c 98 § 4; 1907 c 241 § 68;
RRS § 9355.]
35.21.090
Eminent domain: Chapter 8.12 RCW.
35.21.100 Donations—Authority to accept and use.
Every city and town by ordinance may accept any money or
property donated, devised, or bequeathed to it and carry out
the terms of the donation, devise, or bequest, if within the
powers granted by law. If no terms or conditions are attached
to the donation, devise, or bequest, the city or town may
expend or use it for any municipal purpose. [1965 c 7 §
35.21.100. Prior: 1941 c 80 § 1; Rem. Supp. 1941 § 9213-8.]
35.21.100
35.21.110 Ferries—Authority to acquire and maintain. Any incorporated city or town within the state is authorized to construct, or condemn and purchase, or purchase, and
to maintain a ferry across any unfordable stream adjoining
and within one mile of its limits, together with all necessary
grounds, roads, approaches and landings necessary or appertaining thereto located within one mile of the limits of such
city or town, with full jurisdiction and authority to manage,
regulate and control the same beyond the limits of the corporation and to operate the same free or for toll. [1965 c 7 §
35.21.110. Prior: 1895 c 130 § 1; RRS § 5476.]
35.21.110
35.21.120 Solid waste handling system—Contracts.
A city or town may by ordinance provide for the establishment of a system or systems of solid waste handling for the
entire city or town or for portions thereof. A city or town may
provide for solid waste handling by or under the direction of
officials and employees of the city or town or may award
contracts for any service related to solid waste handling
including contracts entered into under RCW 35.21.152. Contracts for solid waste handling may provide that a city or town
provide for a minimum periodic fee or other method of compensation in consideration of the operational availability of a
solid waste handling system, plant, site, or other facility at a
specified minimum level, without regard to the ownership of
the system, plant, site, or other facility, or the amount of solid
waste actually handled during all or any part of the contract
period. When a minimum level of solid waste is specified in
a contract for solid waste handling, there shall be a specific
allocation of financial responsibility in the event the amount
of solid waste handled falls below the minimum level provided in the contract.
As used in this chapter, the terms "solid waste" and
"solid waste handling" shall be as defined in RCW 70.95.030.
35.21.120
[Title 35 RCW—page 70]
[1989 c 399 § 1; 1986 c 282 § 18; 1965 c 7 § 35.21.120. Prior:
1943 c 270 § 1, part; Rem. Supp. 1943 § 9504-1, part.]
Severability—Legislative findings—Construction—Liberal construction—Supplemental powers—1986 c 282: See notes following RCW
35.21.156.
Contracts with vendors for solid waste handling: RCW 35.21.156.
35.21.130 Solid waste or recyclable materials collection—Ordinance. A solid waste or recyclable materials collection ordinance may:
(1) Require property owners and occupants of premises
to use the solid waste collection and disposal system or recyclable materials collection and disposal system, and to dispose of their solid waste and recyclable materials as provided
in the ordinance: PROVIDED, That a solid waste or recycling ordinance shall not require any retail enterprise engaged
in the sale of consumer-packaged products to locate or place
a public recycling collection site or buy-back center upon or
within a certain distance of the retail establishment as a condition of engaging in the sale of consumer-packaged products; and
(2) Fix charges for solid waste collection and disposal,
recyclable materials collection and disposal, or both, and the
manner and time of payment therefor including therein a provision that upon failure to pay the charges, the amount
thereof shall become a lien against the property for which the
solid waste or recyclable materials collection service is rendered. The ordinance may also provide penalties for its violation. [1989 c 431 § 51; 1965 c 7 § 35.21.130. Prior: 1943 c
270 § 1, part; Rem. Supp. 1943 § 9504-1, part.]
35.21.130
Severability—1989 c 431: See RCW 70.95.901.
35.21.135 Solid waste or recyclable materials collection—Curbside recycling—Reduced rate. (1) Each city or
town providing by ordinance or resolution a reduced solid
waste collection rate to residents participating in a residential
curbside recycling program implemented under RCW
70.95.090, may provide a similar reduced rate to residents
participating in any other recycling program, if such program
is approved by the jurisdiction. Nothing in this section shall
be interpreted to reduce the authority of a city to adopt ordinances under RCW 35.21.130(1).
(2) For the purposes of this section, "reduced rate" means
a residential solid waste collection rate incorporating a
rebate, refund, or discount. Reduced rate shall not include
residential solid waste collection rate based on the volume or
weight of solid waste set out for collection. [1991 c 319 §
404.]
35.21.135
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
35.21.140 Garbage—Notice of lien—Foreclosure. A
notice of the city’s or town’s lien for garbage collection and
disposal service specifying the charges, the period covered by
the charges and giving the legal description of the premises
sought to be charged, shall be filed with the county auditor
within the time required and shall be foreclosed in the manner
and within the time prescribed for liens for labor and material. [1965 c 7 § 35.21.140. Prior: 1943 c 270 § 1, part; Rem.
Supp. 1943 § 9504-1, part.]
35.21.140
(2008 Ed.)
Miscellaneous Provisions
35.21.150 Garbage—Lien—Priority. The garbage
collection and disposal service lien shall be prior to all liens
and encumbrances filed subsequent to the filing of the notice
of it with the county auditor, except the lien of general taxes
and local improvement assessments whether levied prior or
subsequent thereto. [1965 c 7 § 35.21.150. Prior: 1943 c 270
§ 1, part; Rem. Supp. 1943 § 9504-1, part.]
35.21.150
35.21.152 Solid waste handling—Agreements—Purposes—Terms and conditions. A city or town may construct, lease, condemn, purchase, acquire, add to, alter, and
extend systems, plants, sites, or other facilities for solid waste
handling, and shall have full jurisdiction and authority to
manage, regulate, maintain, utilize, operate, control, and
establish the rates and charges for those solid waste handling
systems, plants, sites, or other facilities owned or operated by
the city or town. A city or town may enter into agreements
with public or private parties to: (1) Construct, lease, purchase, acquire, manage, maintain, utilize, or operate publicly
or privately owned or operated solid waste handling systems,
plants, sites, or other facilities; (2) establish rates and charges
for those systems, plants, sites, or other facilities; (3) designate particular publicly or privately owned or operated systems, plants, sites, or other facilities as disposal sites; and (4)
sell the materials or products of those systems, plants, or
other facilities. Any agreement entered into shall be for such
term and under such conditions as may be determined by the
legislative authority of the city or town. [1989 c 399 § 2;
1977 ex.s. c 164 § 1; 1975 1st ex.s. c 208 § 1.]
35.21.152
35.21.154 Solid waste—Compliance with chapter
70.95 RCW required. Nothing in RCW 35.21.152 will
relieve a city or town of its obligations to comply with the
requirements of chapter 70.95 RCW. [1989 c 399 § 3; 1975
1st ex.s. c 208 § 3.]
35.21.154
35.21.156 Solid waste—Contracts with vendors for
solid waste handling systems, plants, sites, or facilities—
Requirements—Vendor selection procedures. (1) Notwithstanding the provisions of any city charter, or any law to
the contrary, and in addition to any other authority provided
by law, the legislative authority of a city or town may contract with one or more vendors for one or more of the design,
construction, or operation of, or other service related to, the
systems, plants, sites, or other facilities for solid waste handling in accordance with the procedures set forth in this section. Solid waste handling systems, plants, sites, or other
facilities constructed, purchased, acquired, leased, added to,
altered, extended, maintained, managed, utilized, or operated
pursuant to this section, RCW 35.21.120 and 35.21.152,
whether publicly or privately owned, shall be in substantial
compliance with the solid waste management plan applicable
to the city or town adopted pursuant to chapter 70.95 RCW.
Agreements relating to such solid waste handling systems,
plants, sites, or other facilities may be for such term and may
contain such covenants, conditions, and remedies as the legislative authority of a city or town may deem necessary or
appropriate. When a contract for design services is entered
into separately from other services permitted under this section, procurement shall be in accordance with chapter 39.80
RCW.
35.21.156
(2008 Ed.)
35.21.156
(2) If the legislative authority of the city or town decides
to proceed with the consideration of qualifications or proposals for services from vendors, the city or town shall publish
notice of its requirements and request submission of qualifications statements or proposals. The notice shall be published
in the official newspaper of the city or town at least once a
week for two weeks not less than sixty days before the final
date for the submission of qualifications statements or proposals. The notice shall state in summary form (a) the general
scope and nature of the design, construction, operation, or
other service, (b) the name and address of a representative of
the city or town who can provide further details, (c) the final
date for the submission of qualifications statements or proposals, (d) an estimated schedule for the consideration of
qualifications, the selection of vendors, and the negotiation of
a contract or contracts for services, (e) the location at which a
copy of any request for qualifications or request for proposals
will be made available, and (f) the criteria established by the
legislative authority to select a vendor or vendors, which may
include but shall not be limited to the vendor’s prior experience, including design, construction, or operation of other
similar facilities; respondent’s management capability,
schedule availability and financial resources; cost of the services, nature of facility design proposed by the vendor; system reliability; performance standards required for the facilities; compatibility with existing service facilities operated by
the public body or other providers of service to the public;
project performance guarantees; penalty and other enforcement provisions; environmental protection measures to be
used; consistency with the applicable comprehensive solid
waste management plan; and allocation of project risks.
(3) If the legislative authority of the city or town decides
to proceed with the consideration of qualifications or proposals, it may designate a representative to evaluate the vendors
who submitted qualifications statements or proposals and
conduct discussions regarding qualifications or proposals
with one or more vendors. The legislative authority or representative may request submission of qualifications statements and may later request more detailed proposals from
one or more vendors who have submitted qualifications statements, or may request detailed proposals without having first
received and evaluated qualifications statements. The legislative authority or its representative shall evaluate the qualifications or proposals, as applicable. If two or more vendors
submit qualifications or proposals that meet the criteria established by the legislative authority of the city or town, discussions and interviews shall be held with at least two vendors.
Any revisions to a request for qualifications or request for
proposals shall be made available to all vendors then under
consideration by the city or town and shall be made available
to any other person who has requested receipt of that information.
(4) Based on criteria established by the legislative
authority of the city or town, the representative shall recommend to the legislative authority a vendor or vendors that are
initially determined to be the best qualified to provide one or
more of the design, construction or operation of, or other service related to, the proposed project or services. The legislative authority may select one or more qualified vendors for
one or more of the design, construction, or operation of, or
other service related to, the proposed project or services.
[Title 35 RCW—page 71]
35.21.157
Title 35 RCW: Cities and Towns
(5) The legislative authority or its representative may
attempt to negotiate a contract with the vendor or vendors
selected for one or more of the design, construction, or operation of, or other service related to, the proposed project or
services on terms that the legislative authority determines to
be fair and reasonable and in the best interest of the city or
town. If the legislative authority or its representative is
unable to negotiate such a contract with any one or more of
the vendors first selected on terms that it determines to be fair
and reasonable and in the best interest of the city or town,
negotiations with any one or more of the vendors shall be terminated or suspended and another qualified vendor or vendors may be selected in accordance with the procedures set
forth in this section. If the legislative authority decides to
continue the process of selection, negotiations shall continue
with a qualified vendor or vendors in accordance with this
section at the sole discretion of the legislative authority until
an agreement is reached with one or more qualified vendors,
or the process is terminated by the legislative authority. The
process may be repeated until an agreement is reached.
(6) Prior to entering into a contract with a vendor, the
legislative authority of the city or town shall make written
findings, after holding a public hearing on the proposal, that
it is in the public interest to enter into the contract, that the
contract is financially sound, and that it is advantageous for
the city or town to use this method for awarding contracts
compared to other methods.
(7) Each contract shall include a project performance
bond or bonds or other security by the vendor that in the judgment of the legislative authority of the city or town is sufficient to secure adequate performance by the vendor.
(8) The provisions of chapters 39.12, 39.19, and *39.25
RCW shall apply to a contract entered into under this section
to the same extent as if the systems and plants were owned by
a public body.
(9) The vendor selection process permitted by this section shall be supplemental to and shall not be construed as a
repeal of or limitation on any other authority granted by law.
The alternative selection process provided by this section may not be used in the selection of a person or entity to
construct a publicly owned facility for the storage or transfer
of solid waste or solid waste handling equipment unless the
facility is either (a) privately operated pursuant to a contract
greater than five years, or (b) an integral part of a solid waste
processing facility located on the same site. Instead, the
applicable provisions of RCW 35.22.620, and 35.23.352, and
chapters 39.04 and 39.30 RCW shall be followed. [1989 c
399 § 7; 1986 c 282 § 17. Formerly RCW 35.92.024.]
*Reviser’s note: Chapter 39.25 RCW was repealed by 1994 c 138 § 2.
Legislative findings—Construction—1986 c 282 §§ 17-20: "The legislature finds that the regulation, management, and disposal of solid waste
through waste reduction, recycling, and the use of resource recovery facilities of the kind described in RCW 35.92.022 and 36.58.040 should be conducted in a manner substantially consistent with the priorities and policies of
the solid waste management act, chapter 70.95 RCW. Nothing contained in
sections 17 through 20 of this act shall detract from the powers, duties, and
functions given to the utilities and transportation commission in chapter
81.77 RCW." [1986 c 282 § 16.]
Liberal construction—Supplemental powers—1986 c 282 §§ 16-20:
"Sections 16 through 20 of this act, being necessary for the health and welfare of the state and its inhabitants, shall be liberally construed to effect its
purposes. Sections 16 through 20 of this act shall be deemed to provide an
alternative method for the performance of those subjects authorized by these
[Title 35 RCW—page 72]
sections and shall be regarded as supplemental and additional to powers conferred by the Washington state Constitution, other state laws, and the charter
of any city or county." [1986 c 282 § 21.]
Severability—1986 c 282: See RCW 82.18.900.
35.21.157
35.21.157 Solid waste collection—Rate increase
notice. (1) A city that contracts for the collection of solid
waste, or provides for the collection of solid waste directly,
shall notify the public of each proposed rate increase for a
solid waste handling service. The notice may be mailed to
each affected ratepayer or published once a week for two
consecutive weeks in a newspaper of general circulation in
the collection area. The notice shall be available to affected
ratepayers at least forty-five days prior to the proposed effective date of the rate increase.
(2) For purposes of this section, "solid waste handling"
has the same meaning as provided in RCW 70.95.030. [1994
c 161 § 2.]
Findings—Declaration—1994 c 161: "The legislature finds that local
governments and private waste management companies have significantly
changed solid waste management services in an effort to preserve landfill
space and to avoid costly environmental cleanups of municipal landfills. The
legislature recognizes that these new services have enabled the state to
achieve one of the nation’s highest recycling rates.
The legislature also finds that the need to pay for the cleanup of past
disposal practices and to provide new recycling services has caused solid
waste rates to increase substantially. The legislature further finds that private
solid waste collection companies regulated by the utilities and transportation
commission are required to provide public notice but that city-managed solid
waste collection systems are not. The legislature declares it to be in the public interest for city-managed systems to provide public notice of solid waste
rate increases." [1994 c 161 § 1.]
35.21.158
35.21.158 Collection and transportation of recyclable
materials by recycling companies or nonprofit entities—
Reuse or reclamation—Application of chapter. Nothing
in this chapter shall prevent a recycling company or nonprofit
entity from collecting and transporting recyclable materials
from a buy-back center, drop-box, or from a commercial or
industrial generator of recyclable materials, or upon agreement with a solid waste collection company.
Nothing in this chapter shall be construed as prohibiting
a commercial or industrial generator of commercial recyclable materials from selling, conveying, or arranging for transportation of such material to a recycler for reuse or reclamation. [1989 c 431 § 33.]
Severability—1989 c 431: See RCW 70.95.901.
35.21.160
35.21.160 Jurisdiction over adjacent waters. The
powers and jurisdiction of all incorporated cities and towns
of the state having their boundaries or any part thereof adjacent to or fronting on any bay or bays, lake or lakes, sound or
sounds, river or rivers, or other navigable waters are hereby
extended into and over such waters and over any tidelands
intervening between any such boundary and any such waters
to the middle of such bays, sounds, lakes, rivers, or other
waters in every manner and for every purpose that such powers and jurisdiction could be exercised if the waters were
within the city or town limits. In calculating the area of any
town for the purpose of determining compliance with the limitation on the area of a town prescribed by RCW 35.21.010,
the area over which jurisdiction is conferred by this section
(2008 Ed.)
Miscellaneous Provisions
shall not be included. [1969 c 124 § 1; 1965 c 7 § 35.21.160.
Prior: 1961 c 277 § 4; 1909 c 111 § 1; RRS § 8892.]
35.21.163 Penalty for act constituting a crime under
state law—Limitation. Except as limited by the maximum
penalty authorized by law, no city, code city, or town, may
establish a penalty for an act that constitutes a crime under
state law that is different from the penalty prescribed for that
crime by state statute. [1993 c 83 § 1.]
35.21.163
Effective date—1993 c 83: "This act shall take effect July 1, 1994."
[1993 c 83 § 11.]
35.21.165 Driving while under the influence of liquor
or drug—Minimum penalties. Except as limited by the
maximum penalties authorized by law, no city or town may
establish a penalty for an act that constitutes the crime of
driving while under the influence of intoxicating liquor or
any drug, as provided in RCW 46.61.502, or the crime of
being in actual physical control of a motor vehicle while
under the influence of intoxicating liquor or any drug, as provided in RCW 46.61.504, that is less than the penalties prescribed for those crimes in RCW 46.61.5055. [1995 c 332 §
8; 1994 c 275 § 36; 1983 c 165 § 40.]
35.21.165
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
35.21.175 Offices to be open certain days and hours.
All city and town offices shall be kept open for the transaction of business during such days and hours as the municipal
legislative authority shall by ordinance prescribe. [1965 c 7
§ 35.21.175. Prior: 1955 ex.s. c 9 § 4; prior: 1951 c 100 § 2.]
35.21.175
35.21.180 Ordinances—Adoption of codes by reference. Ordinances passed by cities or towns must be posted or
published in a newspaper as required by their respective charters or the general laws: PROVIDED, That ordinances may
by reference adopt Washington state statutes and codes,
including fire codes and ordinances relating to the construction of buildings, the installation of plumbing, the installation
of electric wiring, health and sanitation, the slaughtering, processing and selling of meats and meat products for human
consumption, the production, pasteurizing and sale of milk
and milk products, or other subjects, may adopt by reference,
any printed code or compilation, or portions thereof, together
with amendments thereof or additions thereto, on the subject
of the ordinance; and where publications of ordinances in a
newspaper is required, such Washington state statutes or
codes or other codes or compilations so adopted need not be
published therein: PROVIDED, HOWEVER, That not less
than one copy of such statute, code or compilation and
amendments and additions thereto adopted by reference shall
be filed for use and examination by the public, in the office of
the city or town clerk of said city, or town prior to adoption
thereof. Any city or town ordinance heretofore adopting any
state law or any such codes or compilations by reference are
hereby ratified and validated. [1982 c 226 § 1; 1965 c 7 §
35.21.180
(2008 Ed.)
35.21.200
35.21.180. Prior: 1963 c 184 § 1; 1943 c 213 § 1; 1935 c 32
§ 1; Rem. Supp. 1943 § 9199-1.]
Effective date—1982 c 226: "This act shall take effect on July 1,
1982." [1982 c 226 § 8.]
35.21.185 Ordinances—Information pooling. (1) It is
the purpose of this section to provide a means whereby all cities and towns may obtain, through a single source, information regarding ordinances of other cities and towns that may
be of assistance to them in enacting appropriate local legislation.
(2) For the purposes of this section, (a) "clerk" means the
city or town clerk or other person who is lawfully designated
to perform the recordkeeping function of that office, and (b)
"municipal research council" means the municipal research
council created by chapter 43.110 RCW.
(3) The clerk of every city and town is directed to provide to the municipal research council or its designee,
promptly after adoption, a copy of each of its regulatory ordinances and such other ordinances or kinds of ordinances as
may be described in a list or lists promulgated by the municipal research council or its designee from time to time, and
may provide such copies without charge. The municipal
research council may provide that information to the entity
with which it contracts for the provision of municipal
research and services, in order to provide a pool of information for all cities and towns in the state of Washington.
(4) This section is intended to be directory and not mandatory. [1995 c 21 § 1.]
35.21.185
35.21.190 Parkways, park drives, and boulevards.
Any city or town council upon request of the board of park
commissioners, shall have authority to designate such streets
as they may see fit as parkways, park drives, and boulevards,
and to transfer all care, maintenance and improvement of the
surface thereof to the board of park commissioners, or to such
authority of such city or town as may have the care and management of the parks, parkways, boulevards and park drives
of the city.
Any city or town may acquire, either by gift, purchase or
the right of eminent domain, the right to limit the class, character and extent of traffic that may be carried on such parkways, park drives and boulevards, and to prescribe that the
improvement of the surface thereof shall be made wholly in
accordance with plans of such board of park commissioners,
but that the setting over of all such streets for such purposes
shall not in any wise limit the right and authority of the city
council to construct underneath the surface thereof any and
all public utilities nor to deprive the council of the right to
levy assessments for special benefits. In the construction of
any such utilities, any damages done to the surface of such
parkways, park drives or boulevards shall not be borne by
any park funds of such city or town. [1965 c 7 § 35.21.190.
Prior: 1911 c 98 § 57; RRS § 9410.]
35.21.190
35.21.200 Residence qualifications of appointive officials and employees. Any city or town may by ordinance of
its legislative authority determine whether there shall be any
residential qualifications for any or all of its appointive officials or for preference in employment of its employees, but
35.21.200
[Title 35 RCW—page 73]
35.21.203
Title 35 RCW: Cities and Towns
residence of an employee outside the limits of such city or
town shall not be grounds for discharge of any regularly
appointed civil service employee otherwise qualified: PROVIDED, That this section shall not authorize a city or town to
change any residential qualifications prescribed in any city
charter for any appointive official or employee: PROVIDED, FURTHER, That all employees appointed prior to
the enactment of any ordinance establishing such residence
qualifications as provided herein or who shall have been
appointed or employed by such cities or towns having waived
such residential requirements shall not be discharged by reason of such appointive officials or employees having established their residence outside the limits of such city or town:
PROVIDED, FURTHER, That this section shall not authorize a city or town to change the residential requirements with
respect to employees of private public utilities acquired by
public utility districts or by the city or town. [1965 c 7 §
35.21.200. Prior: 1951 c 162 § 1; 1941 c 25 § 1; Rem. Supp.
1941 § 9213-3.]
35.21.203
35.21.203 Recall sufficiency hearing—Payment of
defense expenses. The necessary expenses of defending an
elective city or town official in a judicial hearing to determine
the sufficiency of a recall charge as provided in *RCW
29.82.023 shall be paid by the city or town if the official
requests such defense and approval is granted by the city or
town council. The expenses paid by the city or town may
include costs associated with an appeal of the decision rendered by the superior court concerning the sufficiency of the
recall charge. [1989 c 250 § 2.]
*Reviser’s note: RCW 29.82.023 was recodified as RCW 29A.56.140
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
35.21.205
35.21.205 Liability insurance for officials and
employees. Each city or town may purchase liability insurance with such limits as it may deem reasonable for the purpose of protecting its officials and employees against liability
for personal or bodily injuries and property damage arising
from their acts or omissions while performing or in good faith
purporting to perform their official duties. [1973 c 125 § 2.]
Dog handler using dog in line of duty—Immunity: RCW 4.24.410.
35.21.207
35.21.207 Liability insurance for officers and
employees authorized. See RCW 36.16.138.
35.21.209
35.21.209 Insurance and workers’ compensation for
offenders performing community restitution. The legislative authority of a city or town may purchase liability insurance in an amount it deems reasonable to protect the city or
town, its officers, and employees against liability for the
wrongful acts of offenders or injury or damage incurred by
offenders in the course of court-ordered community restitution, and may elect to treat offenders as employees and/or
workers under Title 51 RCW. [2002 c 175 § 30; 1984 c 24 §
1.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Workers’ compensation coverage of offenders performing community restitution: RCW 51.12.045.
[Title 35 RCW—page 74]
35.21.210 Sewerage, drainage, and water supply.
Any city or town shall have power to provide for the sewerage, drainage, and water supply thereof, and to establish, construct, and maintain a system or systems of sewers and drains
and a system or systems of water supply, within or without
the corporate limits of such city or town, and to control, regulate, and manage the same. In addition, any city or town
may, as part of maintaining a system of sewers and drains or
a system of water supply, or independently of such a system
or systems, participate in and expend revenue on cooperative
watershed management actions, including watershed management partnerships under RCW 39.34.210 and other intergovernmental agreements, for purposes of water supply,
water quality, and water resource and habitat protection and
management. [2003 c 327 § 11; 1965 c 7 § 35.21.210. Prior:
1911 c 98 § 3; RRS § 9354.]
35.21.210
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
35.21.215 Powers relative to systems of sewerage.
The legislative authority of any city or town may exercise all
the powers relating to systems of sewerage authorized by
RCW 35.67.010 and 35.67.020. [1997 c 447 § 14.]
35.21.215
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
35.21.217 Utility services—Deposit—Tenants’ delinquencies—Lien. (1) Prior to furnishing utility services, a
city or town may require a deposit to guarantee payment for
services. However, failure to require a deposit does not affect
the validity of any lien authorized by RCW 35.21.290 or
35.67.200. A city or town may determine how to apply partial
payments on past due accounts.
(2) A city or town may provide a real property owner or
the owner’s designee with duplicates of tenant utility service
bills, or may notify an owner or the owner’s designee that a
tenant’s utility account is delinquent. However, if an owner
or the owner’s designee notifies the city or town in writing
that a property served by the city or town is a rental property,
asks to be notified of a tenant’s delinquency, and has provided, in writing, a complete and accurate mailing address,
the city or town shall notify the owner or the owner’s designee of a tenant’s delinquency at the same time and in the
same manner the city or town notifies the tenant of the tenant’s delinquency or by mail. When a city or town provides a
real property owner or the owner’s designee with duplicates
of tenant utility service bills or notice that a tenant’s utility
account is delinquent, the city or town shall notify the tenant
that it is providing the duplicate bills or delinquency notice to
the owner or the owner’s designee. After January 1, 1999, if
a city or town fails to notify the owner of a tenant’s delinquency after receiving a written request to do so and after
receiving the other information required by this subsection,
the city or town shall have no lien against the premises for the
tenant’s delinquent and unpaid charges. [1998 c 285 § 1.]
35.21.217
35.21.220 Sidewalks—Regulation of use of. Cities of
several classes in this state shall be empowered to regulate
the use of sidewalks within their limits, and may in their discretion and under such terms and conditions as they may
determine permit a use of the same by abutting owners, provided such use does not in their judgment unduly and unrea35.21.220
(2008 Ed.)
Miscellaneous Provisions
sonably impair passage thereon, to and fro, by the public.
Such permission shall not be considered as establishing a prescriptive right, and the right may be revoked at any time by
the authorities of such cities. [1965 c 7 § 35.21.220. Prior:
1927 c 261 § 1; RRS § 9213-1.]
35.21.225
35.21.225 Transportation benefit districts. The legislative authority of a city may establish a transportation benefit district subject to the provisions of chapter 36.73 RCW.
[2005 c 336 § 22; 1989 c 53 § 2; 1987 c 327 § 3.]
Effective date—2005 c 336: See note following RCW 36.73.015.
Severability—1989 c 53: See note following RCW 36.73.020.
35.21.270
able accident, unacceptable hazardous condition, or security
breach.
(4) The system security and emergency preparedness
plan required in subsection (1)(d) of this section is exempt
from public disclosure under chapter 42.56 RCW. However,
the system safety program plan as described in this section is
not subject to this exemption. [2007 c 422 § 1; 2005 c 274 §
264; 1999 c 202 § 1.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Effective date—1999 c 202: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 7, 1999]." [1999 c 202 § 10.]
Transportation benefit districts: Chapter 36.73 RCW.
35.21.230 Streets over tidelands declared public
highways. All streets in any incorporated city in this state,
extending from high tide into the navigable waters of the
state, are hereby declared public highways. [1965 c 7 §
35.21.230. Prior: 1890 p 733 § 1; RRS § 9293.]
35.21.230
35.21.228
35.21.228 Rail fixed guideway system—Safety program plan and security and emergency preparedness
plan. (1) Each city or town that owns or operates a rail fixed
guideway system as defined in RCW 81.104.015 shall submit
a system safety program plan and a system security and emergency preparedness plan for that guideway to the state department of transportation by September 1, 1999, or at least one
hundred eighty calendar days before beginning operations or
instituting revisions to its plans. These plans must describe
the city’s procedures for (a) reporting and investigating
reportable accidents, unacceptable hazardous conditions, and
security breaches, (b) submitting corrective action plans and
annual safety and security audit reports, (c) facilitating onsite safety and security reviews by the state department of
transportation, and (d) addressing passenger and employee
security. The plans must, at a minimum, conform to the standards adopted by the state department of transportation. If
required by the department, the city or town shall revise its
plans to incorporate the department’s review comments
within sixty days after their receipt, and resubmit its revised
plans for review.
(2) Each city or town shall implement and comply with
its system safety program plan and system security and emergency preparedness plan. The city or town shall perform
internal safety and security audits to evaluate its compliance
with the plans, and submit its audit schedule to the department of transportation no later than December 15th each
year. The city or town shall prepare an annual report for its
internal safety and security audits undertaken in the prior
year and submit it to the department no later than February
15th. This annual report must include the dates the audits
were conducted, the scope of the audit activity, the audit findings and recommendations, the status of any corrective
actions taken as a result of the audit activity, and the results
of each audit in terms of the adequacy and effectiveness of
the plans.
(3) Each city or town shall notify the department of
transportation within two hours of an occurrence of a reportable accident, unacceptable hazardous condition, or security
breach. The department may adopt rules further defining a
reportable accident, unacceptable hazardous condition, or
security breach. The city or town shall investigate all reportable accidents, unacceptable hazardous conditions, or security breaches and provide a written investigation report to the
department within forty-five calendar days after the report(2008 Ed.)
Public highways: Title 47 RCW.
35.21.240 Streets over tidelands—Control of. All
streets declared public highways under the provisions of
RCW 35.21.230 shall be under the control of the corporate
authorities of the respective cities. [1965 c 7 § 35.21.240.
Prior: 1890 p 733 § 2; RRS § 9294.]
35.21.240
35.21.250 Streets and alleys over first-class tidelands—Control of. All streets and alleys, which have been
heretofore or may hereafter be established upon, or across
tide and shore lands of the first class shall be under the supervision and control of the cities within whose corporate limits
such tide and shore lands are situated, to the same extent as
are all other streets and alleys of such cities. [1965 c 7 §
35.21.250. Prior: 1901 c 149 § 1; RRS § 9295.]
35.21.250
35.21.260 Streets—Annual report to secretary of
transportation. The governing authority of each city and
town on or before May 31st of each year shall submit such
records and reports regarding street operations in the city or
town to the secretary of transportation on forms furnished by
him as are necessary to enable him to compile an annual
report thereon. [1999 c 204 § 1; 1984 c 7 § 19; 1977 c 75 §
29; 1965 c 7 § 35.21.260. Prior: 1943 c 82 § 12; 1937 c 187
§ 64; Rem. Supp. 1943 § 6450-64.]
35.21.260
Severability—1984 c 7: See note following RCW 47.01.141.
35.21.270 Streets—Records of funds received and
used for construction, repair, maintenance. The city engineer or the city clerk of each city or town shall maintain
records of the receipt and expenditure of all moneys used for
construction, repair, or maintenance of streets and arterial
highways.
To assist in maintaining uniformity in such records, the
state auditor, with the advice and assistance of the department
of transportation, shall prescribe forms and types of records
to be so maintained. [1995 c 301 § 35; 1984 c 7 § 20; 1965 c
7 § 35.21.270. Prior: 1949 c 164 § 5; Rem. Supp. 1949 §
9300-5.]
35.21.270
Severability—1984 c 7: See note following RCW 47.01.141.
[Title 35 RCW—page 75]
35.21.275
Title 35 RCW: Cities and Towns
35.21.275 Street improvements—Provision of supplies or materials. Any city or town may assist a street abutter in improving the street serving the abutter’s premises by
providing asphalt, concrete, or other supplies or materials.
The furnishing of supplies or materials or paying to the abutter the cost thereof and the providing of municipal inspectors
and other incidental personnel shall not render the street
improvements a public work or improvement subject to competitive bidding. The legislative authority of such city or
town shall approve any such assistance at a public meeting
and shall maintain a public register of any such assistance setting forth the value, nature, purpose, date and location of the
assistance and the name of the beneficiary. [1983 c 103 § 1.]
35.21.275
35.21.278 Contracts with community service organizations for public improvements—Limitations. (1) Without regard to competitive bidding laws for public works, a
county, city, town, school district, metropolitan park district,
park and recreation district, or park and recreation service
area may contract with a chamber of commerce, a service
organization, a community, youth, or athletic association, or
other similar association located and providing service in the
immediate neighborhood, for drawing design plans, making
improvements to a park, school playground, or public square,
installing equipment or artworks, or providing maintenance
services for the facility as a community or neighborhood
project, and may reimburse the contracting association its
expense. The contracting association may use volunteers in
the project and provide the volunteers with clothing or tools;
meals or refreshments; accident/injury insurance coverage;
and reimbursement of their expenses. The consideration to be
received by the public entity through the value of the
improvements, artworks, equipment, or maintenance shall
have a value at least equal to three times that of the payment
to the contracting association. All payments made by a public
entity under the authority of this section for all such contracts
in any one year shall not exceed twenty-five thousand dollars
or two dollars per resident within the boundaries of the public
entity, whichever is greater.
(2) A county, city, town, school district, metropolitan
park district, park and recreation district, or park and recreation service area may ratify an agreement, which qualifies
under subsection (1) of this section and was made before June
9, 1988. [1988 c 233 § 1.]
35.21.278
35.21.280 Tax on admissions—Exceptions. (1) Every
city and town may levy and fix a tax of not more than one
cent on twenty cents or fraction thereof to be paid by the person who pays an admission charge to any place: PROVIDED, No city or town shall impose such tax on persons
paying an admission to any activity of any elementary or secondary school or any public facility of a public facility district under chapter 35.57 or 36.100 RCW for which a tax is
imposed under RCW 35.57.100 or 36.100.210, except the
city or town may impose a tax on persons paying an admission to any activity of such public facility if the city or town
uses the admission tax revenue it collects on the admission
charges to that public facility for the construction, operation,
maintenance, repair, replacement, or enhancement of that
public facility or to develop, support, operate, or enhance
programs in that public facility.
35.21.280
[Title 35 RCW—page 76]
(2) Tax authorization under this section includes a tax on
persons who are admitted free of charge or at reduced rates to
any place for which other persons pay a charge or a regular
higher charge for the same privileges or accommodations. A
city that is located in a county with a population of one million or more may not levy a tax on events in stadia constructed on or after January 1, 1995, that are owned by a public facilities district under chapter 36.100 RCW and that have
seating capacities over forty thousand. The city or town may
require anyone who receives payment for an admission
charge to collect and remit the tax to the city or town.
(3) The term "admission charge" includes:
(a) A charge made for season tickets or subscriptions;
(b) A cover charge, or a charge made for use of seats and
tables reserved or otherwise, and other similar accommodations;
(c) A charge made for food and refreshment in any place
where free entertainment, recreation or amusement is provided;
(d) A charge made for rental or use of equipment or facilities for purposes of recreation or amusement; if the rental of
the equipment or facilities is necessary to the enjoyment of a
privilege for which a general admission is charged, the combined charges shall be considered as the admission charge;
(e) Automobile parking charges if the amount of the
charge is determined according to the number of passengers
in the automobile. [2002 c 363 § 5; 1999 c 165 § 19; 1995
3rd sp.s. c 1 § 202; 1995 1st sp.s. c 14 § 8; 1965 c 7 §
35.21.280. Prior: 1957 c 126 § 1; 1951 c 35 § 1; 1943 c 80 §
1; Rem. Supp. 1943 § 8370-44a.]
Severability—1999 c 165: See RCW 35.57.900.
Part headings not law—Effective date—1995 3rd sp.s. c 1: See notes
following RCW 82.14.0485.
Severability—Effective dates—1995 1st sp.s. c 14: See notes following RCW 36.100.010.
35.21.290 Utility services—Lien for. Cities and towns
owning their own waterworks, or electric light or power
plants shall have a lien against the premises to which water,
electric light, or power services were furnished for four
months charges therefor due or to become due, but not for
any charges more than four months past due: PROVIDED,
That the owner of the premises or the owner of a delinquent
mortgage thereon may give written notice to the superintendent or other head of such works or plant to cut off service to
such premises accompanied by payment or tender of payment
of the then delinquent and unpaid charges for such service
against the premises together with the cut-off charge, whereupon the city or town shall have no lien against the premises
for charges for such service thereafter furnished, nor shall the
owner of the premises or the owner of a delinquent mortgage
thereon be held for the payment thereof. [1965 c 7 §
35.21.290. Prior: 1933 c 135 § 1; 1909 c 161 § 1; RRS §
9471.]
35.21.290
35.21.300 Utility services—Enforcement of lien—
Limitations on termination of service for residential heating. (1) The lien for charges for service by a city waterworks,
or electric light or power plant may be enforced only by cutting off the service until the delinquent and unpaid charges
are paid, except that until June 30, 1991, utility service for
35.21.300
(2008 Ed.)
Miscellaneous Provisions
residential space heating may be terminated between November 15 and March 15 only as provided in subsections (2) and
(4) of this section. In the event of a disputed account and tender by the owner of the premises of the amount the owner
claims to be due before the service is cut off, the right to
refuse service to any premises shall not accrue until suit has
been entered by the city and judgment entered in the case.
(2) Utility service for residential space heating shall not
be terminated between November 15 through March 15 if the
customer:
(a) Notifies the utility of the inability to pay the bill,
including a security deposit. This notice should be provided
within five business days of receiving a payment overdue
notice unless there are extenuating circumstances. If the customer fails to notify the utility within five business days and
service is terminated, the customer can, by paying reconnection charges, if any, and fulfilling the requirements of this
section, receive the protections of this chapter;
(b) Provides self-certification of household income for
the prior twelve months to a grantee of the department of
community, trade, and economic development which administers federally funded energy assistance programs. The
grantee shall determine that the household income does not
exceed the maximum allowed for eligibility under the state’s
plan for low-income energy assistance under 42 U.S.C. 8624
and shall provide a dollar figure that is seven percent of
household income. The grantee may verify information in the
self-certification;
(c) Has applied for home heating assistance from applicable government and private sector organizations and certifies that any assistance received will be applied to the current
bill and future utility bills;
(d) Has applied for low-income weatherization assistance to the utility or other appropriate agency if such assistance is available for the dwelling;
(e) Agrees to a payment plan and agrees to maintain the
payment plan. The plan will be designed both to pay the past
due bill by the following October 15 and to pay for continued
utility service. If the past due bill is not paid by the following
October 15, the customer shall not be eligible for protections
under this chapter until the past due bill is paid. The plan shall
not require monthly payments in excess of seven percent of
the customer’s monthly income plus one-twelfth of any
arrearage accrued from the date application is made and
thereafter during November 15 through March 15. A customer may agree to pay a higher percentage during this
period, but shall not be in default unless payment during this
period is less than seven percent of monthly income plus onetwelfth of any arrearage accrued from the date application is
made and thereafter. If assistance payments are received by
the customer subsequent to implementation of the plan, the
customer shall contact the utility to reformulate the plan; and
(f) Agrees to pay the moneys owed even if he or she
moves.
(3) The utility shall:
(a) Include in any notice that an account is delinquent
and that service may be subject to termination, a description
of the customer’s duties in this section;
(b) Assist the customer in fulfilling the requirements
under this section;
(2008 Ed.)
35.21.310
(c) Be authorized to transfer an account to a new residence when a customer who has established a plan under this
section moves from one residence to another within the same
utility service area;
(d) Be permitted to disconnect service if the customer
fails to honor the payment program. Utilities may continue to
disconnect service for those practices authorized by law other
than for nonpayment as provided for in this section. Customers who qualify for payment plans under this section who
default on their payment plans and are disconnected can be
reconnected and maintain the protections afforded under this
chapter by paying reconnection charges, if any, and by paying all amounts that would have been due and owing under
the terms of the applicable payment plan, absent default, on
the date on which service is reconnected; and
(e) Advise the customer in writing at the time it disconnects service that it will restore service if the customer contacts the utility and fulfills the other requirements of this section.
(4) All municipal utilities shall offer residential customers the option of a budget billing or equal payment plan. The
budget billing or equal payment plan shall be offered lowincome customers eligible under the state’s plan for lowincome energy assistance prepared in accordance with 42
U.S.C. 8624(C)(1) without limiting availability to certain
months of the year, without regard to the length of time the
customer has occupied the premises, and without regard to
whether the customer is the tenant or owner of the premises
occupied.
(5) An agreement between the customer and the utility,
whether oral or written, shall not waive the protections
afforded under this chapter. [1995 c 399 § 36; 1991 c 165 §
2; 1990 1st ex.s. c 1 § 1; 1987 c 356 § 1; 1986 c 245 § 1; 1985
c 6 § 3; 1984 c 251 § 1; 1965 c 7 § 35.21.300. Prior: 1909 c
161 § 2; RRS § 9472.]
Findings—1991 c 165: "The legislature finds that the health and welfare of the people of the state of Washington require that all citizens receive
essential levels of heat and electric service regardless of economic circumstance and that rising energy costs have had a negative effect on the affordability of housing for low-income citizens and have made it difficult for lowincome citizens of the state to afford adequate fuel for residential space heat.
The legislature further finds that level payment plans, the protection against
winter heating shutoff, and house weatherization programs have all been
beneficial to low-income persons." [1991 c 165 § 1.]
35.21.305 Utility connection charges—Waiver for
low-income persons. A city or town, including a code city,
that owns or operates an electric or gas utility may waive connection charges for properties purchased by low-income persons from organizations exempt from tax under section
501(c)(3) of the federal internal revenue code as amended
prior to July 23, 1995. Waivers of connection charges for the
same class of electric or gas utility service must be uniformly
applied to all qualified property. Nothing in this section
authorizes the impairment of a contract. [1995 c 140 § 1.]
35.21.305
35.21.310 Removal of overhanging or obstructing
vegetation—Removal, destroying debris. Any city or town
may by general ordinance require the owner of any property
therein to remove or destroy all trees, plants, shrubs or vegetation, or parts thereof, which overhang any sidewalk or
street or which are growing thereon in such manner as to
35.21.310
[Title 35 RCW—page 77]
35.21.315
Title 35 RCW: Cities and Towns
obstruct or impair the free and full use of the sidewalk or
street by the public; and may further so require the owner of
any property therein to remove or destroy all grass, weeds,
shrubs, bushes, trees or vegetation growing or which has
grown and died, and to remove or destroy all debris, upon
property owned or occupied by them and which are a fire
hazard or a menace to public health, safety or welfare. The
ordinance shall require the proceedings therefor to be initiated by a resolution of the governing body of the city or town,
adopted after not less than five days’ notice to the owner,
which shall describe the property involved and the hazardous
condition, and require the owner to make such removal or
destruction after notice given as required by said ordinance.
The ordinance may provide that if such removal or destruction is not made by the owner after notice given as required
by the ordinance in any of the above cases, that the city or
town will cause the removal or destruction thereof and may
also provide that the cost to the city or town shall become a
charge against the owner of the property and a lien against the
property. Notice of the lien herein authorized shall as nearly
as practicable be in substantially the same form, filed with the
same officer within the same time and manner, and enforced
and foreclosed as is provided by law for liens for labor and
materials.
The provisions of this section are supplemental and additional to any other powers granted or held by any city or town
on the same or a similar subject. [1969 c 20 § 1; 1965 c 7 §
35.21.310. Prior: 1949 c 113 § 1; Rem. Supp. 1949 § 921310.]
Weeds, duty of city or town, extermination areas: RCW 17.04.160.
35.21.315 Amateur radio antennas—Local regulation to conform with federal law. No city or town shall
enact or enforce an ordinance or regulation that fails to conform to the limited preemption entitled "Amateur Radio Preemption, 101 FCC 2nd 952 (1985)" issued by the federal
communications commission. An ordinance or regulation
adopted by a city or town with respect to amateur radio antennas shall conform to the limited federal preemption, that
states local regulations that involve placement, screening, or
height of antennas based on health, safety, or aesthetic considerations must be crafted to reasonably accommodate amateur communications, and to represent the minimal practicable regulation to accomplish the local authority’s legitimate
purpose. [1994 c 50 § 1.]
35.21.315
Effective date—1994 c 50: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 23, 1994]." [1994 c 50 § 4.]
35.21.320 Warrants—Interest rate—Payment. All
city and town warrants shall draw interest from and after their
presentation to the treasurer, but no compound interest shall
be paid on any warrant directly or indirectly. The city or town
treasurer shall pay all warrants in the order of their number
and date of issue whenever there are sufficient funds in the
treasury applicable to the payment. If five hundred dollars (or
any sum less than five hundred dollars as may be prescribed
by ordinance) is accumulated in any fund having warrants
outstanding against it, the city or town treasurer shall publish
a call for warrants to that amount in the next issue of the offi35.21.320
[Title 35 RCW—page 78]
cial newspaper of the city or town. The notice shall describe
the warrants so called by number and specifying the fund
upon which they were drawn: PROVIDED, That no call
need be made until the amount accumulated is equal to the
amount due on the warrant longest outstanding: PROVIDED
FURTHER, That no more than two calls shall be made in any
one month.
Any city or town treasurer who knowingly fails to call
for or pay any warrant in accordance with the provisions of
this section shall be fined not less than twenty-five dollars nor
more than five hundred dollars and conviction thereof shall
be sufficient cause for removal from office. [1985 c 469 §
20; 1965 c 7 § 35.21.320. Prior: (i) 1893 c 48 § 1, part; RRS
§ 4116, part. (ii) 1895 c 152 § 2, part; RRS § 4119, part. (iii)
1895 c 152 § 1, part; RRS § 4118, part.]
35.21.333 Chief of police or marshal—Eligibility
requirements. (1) A person seeking appointment to the
office of chief of police or marshal, of a city or town, including a code city, with a population in excess of one thousand,
is ineligible unless that person:
(a) Is a citizen of the United States of America;
(b) Has obtained a high school diploma or general equivalency diploma;
(c) Has not been convicted under the laws of this state,
another state, or the United States of a felony;
(d) Has not been convicted of a gross misdemeanor or
any crime involving moral turpitude within five years of the
date of application;
(e) Has received at least a general discharge under honorable conditions from any branch of the armed services for
any military service if the person was in the military service;
(f) Has completed at least two years of regular, uninterrupted, full-time commissioned law enforcement employment involving enforcement responsibilities with a government law enforcement agency; and
(g) The person has been certified as a regular and commissioned enforcement officer through compliance with this
state’s basic training requirement or equivalency.
(2) A person seeking appointment to the office of chief
of police or marshal, of a city or town, including a code city,
with a population of one thousand or less, is ineligible unless
that person conforms with the requirements of subsection (1)
(a) through (e) of this section. A person so appointed as chief
of police or marshal must successfully complete the state’s
basic training requirement or equivalency within nine months
after such appointment, unless an extension has been granted
by the criminal justice training commission.
(3) A person seeking appointment to the office of chief
of police or marshal shall provide a sworn statement under
penalty of perjury to the appointing authority stating that the
person meets the requirements of this section. [1987 c 339 §
4.]
35.21.333
Intent—1987 c 339: "The intent of this act is to require certain qualifications for candidates for the office of chief of police or marshal, which position in whole or in part oversees law enforcement personnel or activities for
a city or town.
The legislature finds that over the past century the field of law enforcement has become increasingly complex and many new techniques and
resources have evolved both socially and technically. In addition the everchanging requirements of law, both constitutional and statutory provisions
protecting the individual and imposing responsibilities and legal liabilities of
(2008 Ed.)
Miscellaneous Provisions
law enforcement officers and the government of which they represent,
require an increased level of training and experience in the field of law
enforcement.
The legislature, therefore finds that minimum requirements are reasonable and necessary to seek and hold the offices or office of chief of police or
marshal, and that such requirements are in the public interest." [1987 c 339
§ 3.]
Severability—1987 c 339: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 339 § 8.]
Effective date—1987 c 339: "This act is necessary for the immediate
preservation of the public peace, health and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1987." [1987 c 339 § 9.]
35.21.334 Chief of police or marshal—Background
investigation. Before making an appointment in the office of
chief of police or marshal, the appointing agency shall complete a thorough background investigation of the candidate.
The Washington association of sheriffs and police chiefs
shall develop advisory procedures which may be used by the
appointing authority in completing its background investigation of candidates for the office of chief of police or marshal.
[1987 c 339 § 5.]
35.21.334
Intent—Severability—Effective date—1987 c 339: See notes following RCW 35.21.333.
35.21.415
personal property for the purpose of historic preservation and
may restore, improve, maintain, manage, and lease the property for public or private use and may enter into contracts,
borrow money, and issue bonds and other obligations for
such purposes. This authorization shall not expand the eminent domain powers of cities or towns. [1984 c 203 § 3.]
Severability—1984 c 203: See note following RCW 35.43.140.
35.21.400 City may acquire property for parks, recreational, viewpoint, greenbelt, conservation, historic,
scenic, or view purposes. See RCW 36.34.340.
35.21.400
35.21.403 Authority to establish lake and beach management districts. Any city or town may establish lake and
beach management districts within its boundaries as provided
in chapter 36.61 RCW. When a city or town establishes a
lake or beach management district pursuant to chapter 36.61
RCW, the term "county legislative authority" shall be
deemed to mean the city or town governing body, the term
"county" shall be deemed to mean the city or town, and the
term "county treasurer" shall be deemed to mean the city or
town treasurer or other fiscal officer. [2008 c 301 § 28; 1985
c 398 § 27.]
35.21.403
35.21.335 Chief of police or marshal—Vacancy. In
the case of a vacancy in the office of chief of police or marshal, all requirements and procedures of RCW 35.21.333 and
35.21.334 shall be followed in filling the vacancy. [1987 c
339 § 6.]
35.21.404 Fish enhancement project—City’s or
town’s liability. A city or town is not liable for adverse
impacts resulting from a fish enhancement project that meets
the criteria of *RCW 77.55.290 and has been permitted by
the department of fish and wildlife. [2003 c 39 § 14; 1998 c
249 § 9.]
Intent—Severability—Effective date—1987 c 339: See notes following RCW 35.21.333.
*Reviser’s note: RCW 77.55.290 was recodified as RCW 77.55.181
pursuant to 2005 c 146 § 1001.
35.21.404
35.21.335
35.21.340 Cemeteries and funeral facilities.
chapter 68.52 RCW.
35.21.340
See
35.21.350 Civil service in police and fire departments. See Title 41 RCW.
35.21.350
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.181.
35.21.405 Moorage facilities—Regulations authorized—Port charges, delinquency—Abandoned vessels,
public sale. See RCW 53.08.310 and 53.08.320.
35.21.405
35.21.407 Abandoned or derelict vessels. Any city or
town has the authority, subject to the processes and limitation
outlined in chapter 79.100 RCW, to store, strip, use, auction,
sell, salvage, scrap, or dispose of an abandoned or derelict
vessel found on or above publicly or privately owned aquatic
lands within the jurisdiction of the city or town. [2002 c 286
§ 15.]
35.21.407
35.21.360 Eminent domain by cities and towns. See
chapter 8.12 RCW.
35.21.360
35.21.370 Joint county and city hospitals. See chapter 36.62 RCW.
35.21.370
35.21.380 Joint county and city buildings. See chapter 36.64 RCW.
35.21.380
35.21.385 Counties with a population of two hundred
ten thousand or more may contract with cities concerning
buildings and related improvements.
See RCW
36.64.070.
35.21.385
Severability—Effective date—2002 c 286: See RCW 79.100.900 and
79.100.901.
35.21.410 Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility. See chapter 80.58 RCW.
35.21.410
35.21.412 Hydroelectric resources—Separate legal
authority—Creation by irrigation districts and cities,
towns, or public utility districts. See RCW 87.03.825
through 87.03.840.
35.21.412
35.21.390 Public employment, civil service and pensions. See Title 41 RCW.
35.21.390
35.21.395 Historic preservation—Authorization to
acquire property, borrow money, issue bonds, etc. Any
city or town may acquire title to or any interest in real and
35.21.395
(2008 Ed.)
35.21.415 Electrical utilities—Civil immunity of officials and employees for good faith mistakes and errors of
35.21.415
[Title 35 RCW—page 79]
35.21.417
Title 35 RCW: Cities and Towns
judgment. Officials and employees of cities and towns shall
be immune from civil liability for mistakes and errors of
judgment in the good faith performance of acts within the
scope of their official duties involving the exercise of judgment and discretion which relate solely to their responsibilities for electrical utilities. This grant of immunity shall not be
construed as modifying the liability of the city or town.
[1983 1st ex.s. c 48 § 1.]
Severability—1983 1st ex.s. c 48: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 1st ex.s. c 48 § 4.]
35.21.417 Hydroelectric reservoir extending across
international boundary—Agreement with Province of
British Columbia. To carry out a treaty between the United
States of America and Canada, a city that maintains hydroelectric facilities with a reservoir which extends across the
international boundary, may enter into an agreement with the
Province of British Columbia for enhancing recreational
opportunities and protecting environmental resources of the
watershed of the river or rivers which forms the reservoir.
The agreement may provide for establishment of and payments into an environmental endowment fund and establishment of an administering commission to implement the purpose of the treaty and the agreement. [1984 c 1 § 1.]
Parts and captions not law—Effective date—Severability—1994 c
154: See RCW 42.52.902, 42.52.904, and 42.52.905.
35.21.420 Utilities—City may support county in
which generating plant located. Any city owning and operating a public utility and having facilities for the generation
of electricity located in a county other than that in which the
city is located, may provide for the public peace, health,
safety and welfare of such county as concerns the facilities
and the personnel employed in connection therewith, by contributing to the support of the county government of any such
county and enter into contracts with any such county therefor.
[1965 c 7 § 35.21.420. Prior: 1951 c 104 § 1.]
35.21.420
35.21.417
35.21.418 Hydroelectric reservoir extending across
international boundary—Commission—Powers. A commission, established by an agreement between a Washington
municipality and the Province of British Columbia to carry
out a treaty between the United States of America and Canada as authorized in RCW 35.21.417, shall be public and
shall have all powers and capacity necessary and appropriate
for the purposes of performing its functions under the agreement, including, but not limited to, the following powers and
capacity: To acquire and dispose of real property other than
by condemnation; to enter into contracts; to sue and be sued
in either Canada or the United States; to establish an endowment fund in either or both the United States and Canada and
to invest the endowment fund in either or both countries; to
solicit, accept, and use donations, grants, bequests, or devises
intended for furthering the functions of the endowment; to
adopt such rules or procedures as it deems desirable for performing its functions; to engage advisors and consultants; to
establish committees and subcommittees; to adopt rules for
its governance; to enter into agreements with public and private entities; and to engage in activities necessary and appropriate for implementing the agreement and the treaty.
The endowment fund and commission may not be subject to state or local taxation. A commission, so established,
may not be subject to statutes and laws governing Washington cities and municipalities in the conduct of its internal
affairs: PROVIDED, That all commission members
appointed by the municipality shall comply with chapter
42.52 RCW, and: PROVIDED FURTHER, That all commission meetings held within the state of Washington shall
be held in compliance with chapter 42.30 RCW. All obligations or liabilities incurred by the commission shall be satisfied exclusively from its own assets and insurance. [1994 c
154 § 309; 1984 c 1 § 2.]
35.21.418
[Title 35 RCW—page 80]
35.21.422 Utilities—Cities in a county with a population of two hundred ten thousand or more west of Cascades may support cities, towns, counties and taxing districts in which facilities located. Any city, located within a
county with a population of two hundred ten thousand or
more west of the Cascades, owning and operating a public
utility and having facilities for the distribution of electricity
located outside its city limits, may provide for the support of
cities, towns, counties and taxing districts in which such
facilities are located, and enter into contracts with such
county therefor. Such contribution shall be based upon the
amount of retail sales of electricity, other than to governmental agencies, made by such city in the areas of such cities,
towns, counties or taxing districts in which such facilities are
located, and shall be divided among them on the same basis
as taxes on real and personal property therein are divided.
[1991 c 363 § 38; 1967 ex.s. c 52 § 1.]
35.21.422
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
35.21.425 City constructing generating facility in
other county—Reimbursement of county or school district. Whenever after March 17, 1955, any city shall construct hydroelectric generating facilities or acquire land for
the purpose of constructing the same in a county other than
the county in which such city is located, and by reason of
such construction or acquisition shall (1) cause loss of revenue and/or place a financial burden in providing for the public peace, health, safety, welfare, and added road maintenance in such county, in addition to road construction or relocation as set forth in RCW 90.28.010 and/or (2) shall cause
any loss of revenues and/or increase the financial burden of
any school district affected by the construction because of an
increase in the number of pupils by reason of the construction
or the operation of said generating facilities, the city shall
enter into an agreement with said county and/or the particular
school district or districts affected for the payment of moneys
to recompense such losses or to provide for such increased
financial burden, upon such terms and conditions as may be
mutually agreeable to the city and the county and/or school
district or districts. [1965 c 7 § 35.21.425. Prior: 1955 c 252
§ 1.]
35.21.425
35.21.426 City constructing generating facility in
other county—Notice of loss—Negotiations—Arbitration. Whenever a county or school district affected by the
project sustains such financial loss or is affected by an
35.21.426
(2008 Ed.)
Miscellaneous Provisions
increased financial burden as above set forth or it appears that
such a financial loss or burden will occur beginning not later
than within the next three months, such county or school district shall immediately notify the city in writing setting forth
the particular losses or increased burden and the city shall
immediately enter into negotiations to effect a contract. In the
event the city and the county or school district are unable to
agree upon terms and conditions for such contract, then in
that event, within sixty days after such notification, the matter shall be submitted to a board of three arbitrators, one of
whom shall be appointed by the city council of the city concerned; one by the board of county commissioners for the
county concerned or by the school board for the school district concerned, and one by the two arbitrators so appointed.
In the event such arbitrators are unable to agree on a third
arbitrator within ten days after their appointment then the
third arbitrator shall be selected by the state auditor. The
board of arbitrators shall determine the loss of revenue and/or
the cost of the increased financial burden placed upon the
county or school district and its findings shall be binding
upon such city and county or school district and the parties
shall enter into a contract for reimbursement by the city in
accordance with such findings, with the payment under such
findings to be retroactive to the date when the city was first
notified in writing. [1965 c 7 § 35.21.426. Prior: 1955 c 252
§ 2.]
35.21.427 City constructing generating facility in
other county—Additional findings—Renegotiation. The
findings provided for in RCW 35.21.426 may also provide
for varying payments based on formulas to be stated in the
findings, and for varying payments for different stated periods. The findings shall also state a future time at which the
agreement shall be renegotiated or, in event of failure to
agree on such renegotiation, be arbitrated as provided in
RCW 35.21.426. [1965 c 7 § 35.21.427. Prior: 1955 c 252 §
3.]
35.21.427
35.21.430 Utilities—City may pay taxing districts
involved after acquisition of private power facilities. On
and after January 1, 1951, whenever a city or town shall
acquire electric generation, transmission and/or distribution
properties which at the time of acquisition were in private
ownership, the legislative body thereof may each year order
payments made to all taxing districts within which any part of
the acquired properties are located, in amounts not greater
than the taxes, exclusive of excess levies voted by the people
and/or levies made for the payment of bonded indebtedness
pursuant to the provisions of Article VII, section 2 of the
Constitution of this state, as now or hereafter amended,
and/or by statutory provision, imposed on such properties in
the last tax year in which said properties were in private ownership. [1973 1st ex.s. c 195 § 15; 1965 c 7 § 35.21.430.
Prior: 1951 c 217 § 1.]
35.21.430
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
35.21.440 Utilities—Additional payments to school
districts having bonded indebtedness. In the event any
portion of such property shall be situated in any school dis35.21.440
(2008 Ed.)
35.21.465
trict which, at the time of acquisition, has an outstanding
bonded indebtedness, the city or town may in addition to the
payments authorized in RCW 35.21.430, make annual payments to such school district which shall be applied to the
retirement of the principal and interest of such bonds. Such
payments shall be computed in the proportion which the
assessed valuation of utility property so acquired shall bear to
the total assessed valuation of the district at the time of the
acquisition. [1965 c 7 § 35.21.440. Prior: 1951 c 217 § 2.]
35.21.450 Utilities—Payment of taxes. Annual payments shall be ordered by an ordinance or ordinances of the
legislative body. The ordinance shall further order a designated officer to notify in writing the county assessor of each
county in which any portion of such property is located, of
the city’s intention to make such payments. The county assessor shall thereupon enter upon the tax rolls of the county the
amount to which any taxing district of the county is entitled
under the provisions of RCW 35.21.430 to 35.21.450, inclusive; and upon delivery of the tax rolls to the county treasurer
as provided by law, the amount of the tax as hereinbefore
authorized and determined shall become due and payable by
the city or town the same as real property taxes. [1965 c 7 §
35.21.450. Prior: 1951 c 217 § 3.]
35.21.450
35.21.455 Locally regulated utilities—Attachments
to poles. (1) As used in this section:
(a) "Attachment" means the affixation or installation of
any wire, cable or other physical material capable of carrying
electronic impulses or light waves for the carrying of intelligence for telecommunications or television, including, but
not limited to cable, and any related device, apparatus, or
auxiliary equipment upon any pole owned or controlled in
whole or in part by one or more locally regulated utilities
where the installation has been made with the necessary consent.
(b) "Locally regulated utility" means a city owning and
operating an electric utility not subject to rate or service regulation by the utilities and transportation commission.
(c) "Nondiscriminatory" means that pole owners may not
arbitrarily differentiate among or between similar classes of
persons approved for attachments.
(2) All rates, terms, and conditions made, demanded or
received by a locally regulated utility for attachments to its
poles must be just, reasonable, nondiscriminatory and sufficient. A locally regulated utility shall levy attachment space
rental rates that are uniform for the same class of service
within the locally regulated utility service area.
(3) Nothing in this section shall be construed or is
intended to confer upon the utilities and transportation commission any authority to exercise jurisdiction over locally
regulated utilities. [1996 c 32 § 3.]
35.21.455
35.21.465 Crop purchase contracts for dedicated
energy crops. In addition to any other authority provided by
law, public development authorities are authorized to enter
into crop purchase contracts for a dedicated energy crop for
the purposes of producing, selling, and distributing biodiesel
produced from Washington state feedstocks, cellulosic ethanol, and cellulosic ethanol blend fuels. [2007 c 348 § 208.]
35.21.465
[Title 35 RCW—page 81]
35.21.470
Title 35 RCW: Cities and Towns
Findings—Part headings not law—2007 c 348: See RCW 43.325.005
and 43.325.903.
35.21.470 Building construction projects—City or
town prohibited from requiring state agencies or local
governments to provide bond or other security as a condition for issuance of permit. A city or town may not require
any state agency or unit of local government to secure the
performance of a permit requirement with a surety bond or
other financial security device, including cash or assigned
account, as a condition of issuing a permit to that unit of local
government for a building construction project.
As used in this section, "building construction project"
includes, in addition to its usual meaning, associated landscaping, street alteration, pedestrian or vehicular access alteration, or other amenities or alterations necessarily associated
with the project. [1993 c 439 § 1.]
35.21.470
35.21.475 Statement of restrictions applicable to real
property. (1) A property owner may make a written request
for a statement of restrictions applicable to a single parcel,
tract, lot, or block of real property to the city or town in which
the real property is located.
(2) Within thirty days of the receipt of the request, the
city or town shall provide the owner with a statement of
restrictions as described in subsection (3) of this section.
(3) The statement of restrictions shall include the following:
(a) The zoning currently applicable to the real property;
(b) Pending zoning changes currently advertised for public hearing that would be applicable to the real property; and
(c) Any designations made by the city or town pursuant
to chapter 36.70A RCW of any portion of the real property as
agricultural land, forest land, mineral resource land, wetland,
an area with a critical recharging effect on aquifers used for
potable water, a fish and wildlife habitat conservation area, a
frequently flooded area, and as a geological hazardous area.
(4) If a city or town fails to provide the statement of
restrictions within thirty days after receipt of the written
request, the owner shall be awarded recovery of all attorneys’
fees and costs incurred in any successful application for a
writ of mandamus to compel production of a statement.
(5) For purposes of this section:
(a) "Owner" means any vested owner or any person
holding the buyer’s interest under a recorded real estate contract in which the seller is the vested owner; and
(b) "Real property" means a parcel, tract, lot or block: (i)
Containing a single-family residence that is occupied by the
owner or a member of his or her family, or rented to another
by the owner; or (ii) five acres or less in size.
(6) This section does not affect the vesting of permits or
development rights.
Nothing in this section shall be deemed to create any liability on the part of a city or town to pay damages for a violation of this section. [1996 c 206 § 6.]
35.21.475
Effective date—1996 c 206 §§ 6-8: "Sections 6 through 8 of this act
take effect January 1, 1997." [1996 c 206 § 13.]
Findings—1996 c 206: See note following RCW 43.05.030.
35.21.500 Compilation, codification, revision of city
or town ordinances—Scope of codification. "Codification"
35.21.500
[Title 35 RCW—page 82]
means the editing, rearrangement and/or grouping of ordinances under appropriate titles, parts, chapters and sections
and includes but is not limited to the following:
(1) Editing ordinances to the extent deemed necessary or
desirable, for the purpose of modernizing and clarifying the
language of such ordinances, but without changing the meaning of any such ordinance.
(2) Substituting for the term "this ordinance," where necessary the term "section," "part," "code," "chapter," "title," or
reference to specific section or chapter numbers, as the case
may require.
(3) Correcting manifest errors in reference to other ordinances, laws and statutes, and manifest spelling, clerical or
typographical errors, additions, or omissions.
(4) Dividing long sections into two or more sections and
rearranging the order of sections to insure a logical arrangement of subject matter.
(5) Changing the wording of section captions, if any, and
providing captions to new chapters and sections.
(6) Striking provisions manifestly obsolete and eliminating conflicts and inconsistencies so as to give effect to the
legislative intent. [1965 c 7 § 35.21.500. Prior: 1957 c 97 §
1.]
35.21.510 Compilation, codification, revision of city
or town ordinances—Authorized. Any city or town may
prepare or cause to be prepared a codification of its ordinances. [1965 c 7 § 35.21.510. Prior: 1957 c 97 § 2.]
35.21.510
35.21.520 Compilation, codification, revision of city
or town ordinances—Adoption as official code of city.
Any city or town having heretofore prepared or caused to be
prepared, or now preparing or causing to be prepared, or that
hereafter prepares or causes to be prepared, a codification of
its ordinances may adopt such codification by enacting an
ordinance adopting such codification as the official code of
the city, provided the procedure and requirements of RCW
35.21.500 through 35.21.570 are complied with. [1965 c 7 §
35.21.520. Prior: 1957 c 97 § 3.]
35.21.520
35.21.530 Compilation, codification, revision of city
or town ordinances—Filing—Notice of hearing. When a
city or town codifies its ordinances, it shall file a typewritten
or printed copy of the codification in the office of the city or
town clerk. After the first reading of the title of the adopting
ordinance and of the title of the code to be adopted thereby,
the legislative body of the city or town shall schedule a public
hearing thereon. Notice of the hearing shall be published
once not more than fifteen nor less than ten days prior to the
hearing in the official newspaper of the city, indicating that
its ordinances have been compiled, or codified and that a
copy of such compilation or codification is on file in the city
or town clerk’s office for inspection. The notice shall state
the time and place of the hearing. [1985 c 469 § 21; 1965 c 7
§ 35.21.530. Prior: 1957 c 97 § 4.]
35.21.530
35.21.540 Compilation, codification, revision of city
or town ordinances—Legislative body may amend, adopt,
or reject adopting ordinance—When official code. After
the hearing, the legislative body may amend, adopt, or reject
35.21.540
(2008 Ed.)
Miscellaneous Provisions
the adopting ordinance in the same manner in which it is
empowered to act in the case of other ordinances. Upon the
enactment of such adopting ordinance, the codification shall
be the official code of ordinances of the city or town. [1965
c 7 § 35.21.540. Prior: 1957 c 97 § 5.]
35.21.550 Compilation, codification, revision of city
or town ordinances—Copies as proof of ordinances. Copies of such codes in published form shall be received without
further proof as the ordinances of permanent and general
effect of the city or town in all courts and administrative tribunals of this state. [1965 c 7 § 35.21.550. Prior: 1957 c 97
§ 6.]
35.21.550
35.21.670
against juveniles that are occurring at such rates as to be
beyond the capacity of the police to assure public safety,
establishing times and conditions under which juveniles may
be present on the public streets, in the public parks, or in any
other public place during specified hours.
(2) The ordinance shall not contain any criminal sanctions for a violation of the ordinance. [1994 sp.s. c 7 § 502.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
35.21.640 Conferences to study regional and governmental problems, counties and cities may establish. See
RCW 36.64.080.
35.21.640
Ordinances, admissibility as evidence: RCW 5.44.080.
35.21.650 Prepayment of taxes or assessments authorized. All moneys, assessments and taxes belonging to or
collected for the use of any city or town, including any
amounts representing estimates for future assessments and
taxes, may be deposited by any taxpayer prior to the due date
thereof with the treasurer or other legal depository for the
benefit of the funds to which they belong to be credited
against any future tax or assessment that may be levied or
become due from the taxpayer: PROVIDED, That the taxpayer may with the concurrence of the treasurer designate a
particular fund of such city or town against which such prepayment of tax or assessment is made. [1967 ex.s. c 66 § 1.]
35.21.650
35.21.560 Compilation, codification, revision of city
or town ordinances—Adoption of new material. New
material shall be adopted by the city or town legislative body
as separate ordinances prior to the inclusion thereof in such
codification: PROVIDED, That any ordinance amending the
codification shall set forth in full the section or sections, or
subsection or subsections of the codification being amended,
as the case may be, and this shall constitute a sufficient compliance with any statutory or charter requirement that no ordinance or any section thereof shall be revised or amended
unless the new ordinance sets forth the revised ordinance or
amended section in full. [1965 c 7 § 35.21.560. Prior: 1961
c 70 § 1; 1957 c 97 § 7.]
35.21.560
35.21.570 Compilation, codification, revision of city
or town ordinances—Codification satisfies single subject,
title, and amendment requirements of statute or charter.
When a city or town shall make a codification of its ordinances in accordance with RCW 35.21.500 through
35.21.570 that shall constitute a sufficient compliance with
any statutory or charter requirements that no ordinance shall
contain more than one subject which shall be clearly
expressed in its title and that no ordinance or any section
thereof shall be revised or amended unless the new ordinance
sets forth the revised ordinance or amended section in full.
[1965 c 7 § 35.21.570. Prior: 1957 c 97 § 8.]
35.21.570
35.21.590 Executory conditional sales contracts for
purchase of property—Limit on indebtedness—Election,
when. See RCW 39.30.010.
35.21.590
35.21.630 Youth agencies—Establishment authorized. Any city, town, or county may establish a youth
agency to investigate, advise and act on, within the powers of
that municipality, problems relating to the youth of that community, including employment, educational, economic and
recreational opportunities, juvenile delinquency and dependency, and other youth problems and activities as that municipality may determine. Any city, town, or county may contract with any other city, town, or county to jointly establish
such a youth agency. [1965 ex.s. c 84 § 5.]
35.21.630
35.21.635 Juvenile curfews. (1) Any city or town has
the authority to enact an ordinance, for the purpose of preserving the public safety or reducing acts of violence by or
35.21.635
(2008 Ed.)
35.21.660 Demonstration Cities and Metropolitan
Development Act—Agreements with federal government—Scope of authority. Notwithstanding any other provision of law, all cities shall have the power and authority to
enter into agreements with the United States or any department or agency thereof, to carry out the purposes of the Demonstration Cities and Metropolitan Development Act of 1966
(PL 89-754; 80 Stat. 1255), and to plan, organize and administer programs provided for in such contracts. This power and
authority shall include, but not be limited to, the power and
authority to create public corporations, commissions and
authorities to perform duties arising under and administer
programs provided for in such contracts and to limit the liability of said public corporations, commissions, and authorities, in order to prevent recourse to such cities, their assets, or
their credit. [1971 ex.s. c 177 § 5; 1970 ex.s. c 77 § 1.]
35.21.660
Establishment of public corporations to administer federal grants and programs: RCW 35.21.730 through 35.21.755.
35.21.670 Demonstration Cities and Metropolitan
Development Act—Powers and limitations of public corporations, commissions or authorities created. Any public
corporation, commission or authority created as provided in
RCW 35.21.660, may be empowered to own and sell real and
personal property; to contract with individuals, associations
and corporations, and the state and the United States; to sue
and be sued; to loan and borrow funds; to do anything a natural person may do; and to perform all manner and type of
community services and activities in furtherance of an agreement by a city or by the public corporation, commission or
authority with the United States to carry out the purposes of
the Demonstration Cities and Metropolitan Development Act
of 1966: PROVIDED, That
35.21.670
[Title 35 RCW—page 83]
35.21.680
Title 35 RCW: Cities and Towns
(1) All liabilities incurred by such public corporation,
commission or authority shall be satisfied exclusively from
the assets and credit of such public corporation, commission
or authority; and no creditor or other person shall have any
recourse to the assets, credit or services of the municipal corporation creating the same on account of any debts, obligations or liabilities of such public corporation, commission or
authority;
(2) Such public corporation, commission or authority
shall have no power of eminent domain nor any power to levy
taxes or special assessments;
(3) The name, the organization, the purposes and scope
of activities, the powers and duties of the officers, and the
disposition of property upon dissolution of such public corporation, commission or authority shall be set forth in its
charter of incorporation or organization, or in a general ordinance of the city or both. [1971 ex.s. c 177 § 7.]
35.21.680 Participation in Economic Opportunity
Act programs. The legislative body of any city or town, is
hereby authorized and empowered in its discretion by resolution or ordinance passed by a majority of the legislative body,
to take whatever action it deems necessary to enable the city
or town to participate in the programs set forth in the Economic Opportunity Act of 1964 (Public Law 88-452; 78 Stat.
508), as amended. Such participation may be engaged in as a
sole city or town operation or in conjunction or cooperation
with the state, any other city or town, county, or municipal
corporation, or any private corporation qualified under said
Economic Opportunity Act. [1971 ex.s. c 177 § 3.]
35.21.680
35.21.684 Authority to regulate placement or use of
homes—Regulation of manufactured homes—Issuance of
permits—Restrictions on location of mobile homes or
manufactured homes. (1) A city or town may not adopt an
ordinance that has the effect, directly or indirectly, of discriminating against consumers’ choices in the placement or
use of a home in such a manner that is not equally applicable
to all homes. Homes built to 42 U.S.C. Sec. 5401-5403 standards (as amended in 2000) must be regulated for the purposes of siting in the same manner as site built homes, factory
built homes, or homes built to any other state construction or
local design standard. However, except as provided in subsection (2) of this section, any city or town may require that:
(a) A manufactured home be a new manufactured home;
(b) The manufactured home be set upon a permanent
foundation, as specified by the manufacturer, and that the
space from the bottom of the home to the ground be enclosed
by concrete or an approved concrete product which can be
either load bearing or decorative;
(c) The manufactured home comply with all local design
standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;
(d) The home is thermally equivalent to the state energy
code; and
(e) The manufactured home otherwise meets all other
requirements for a designated manufactured home as defined
in RCW 35.63.160.
A city with a population of one hundred thirty-five thousand or more may choose to designate its building official as
35.21.684
[Title 35 RCW—page 84]
the person responsible for issuing all permits, including
department of labor and industries permits issued under chapter 43.22 RCW in accordance with an interlocal agreement
under chapter 39.34 RCW, for alterations, remodeling, or
expansion of manufactured housing located within the city
limits under this section.
(2) A city or town may not adopt an ordinance that has
the effect, directly or indirectly, of restricting the location of
mobile homes or manufactured homes in mobile home parks
or manufactured housing communities, as defined in RCW
59.20.030, which were legally in existence before June 12,
2008, based exclusively on the age or dimensions of the
mobile home or manufactured home. This does not preclude
a city or town from restricting the location of a mobile home
or manufactured home in mobile home parks or manufactured housing communities for any other reason including,
but not limited to, failure to comply with fire, safety, or other
local ordinances or state laws related to mobile homes and
manufactured homes.
(3) This section does not override any legally recorded
covenants or deed restrictions of record.
(4) This section does not affect the authority granted
under chapter 43.22 RCW. [2008 c 117 § 1; 2004 c 256 § 2.]
Findings—Intent—2004 c 256: "The legislature finds that: Congress
has preempted the regulation by the states of manufactured housing construction standards through adoption of construction standards for manufactured housing (42 U.S.C. Sec. 5401-5403); and this federal regulation is
equivalent to the state’s uniform building code. The legislature also finds
that congress has declared that: (1) Manufactured housing plays a vital role
in meeting the housing needs of the nation; and (2) manufactured homes provide a significant resource for affordable homeownership and rental housing
accessible to all Americans (42 U.S.C. Sec. 5401-5403). The legislature
intends to protect the consumers’ rights to choose among a number of housing construction alternatives without restraint of trade or discrimination by
local governments." [2004 c 256 § 1.]
Effective date—2004 c 256: "This act takes effect July 1, 2005." [2004
c 256 § 6.]
35.21.685 Low-income housing—Loans and grants.
A city or town may assist in the development or preservation
of publicly or privately owned housing for persons of low
income by providing loans or grants of general municipal
funds to the owners or developers of the housing. The loans
or grants shall be authorized by the legislative authority of the
city or town. They may be made to finance all or a portion of
the cost of construction, reconstruction, acquisition, or rehabilitation of housing that will be occupied by a person or family of low income. As used in this section, "low income"
means income that does not exceed eighty percent of the
median income for the standard metropolitan statistical area
in which the city or town is located. Housing constructed
with loans or grants made under this section shall not be considered public works or improvements subject to competitive
bidding or a purchase of services subject to the prohibition
against advance payment for services: PROVIDED, That
whenever feasible the borrower or grantee shall make every
reasonable and practicable effort to utilize a competitive public bidding process. [1986 c 248 § 1.]
35.21.685
35.21.687 Affordable housing—Inventory of suitable
housing. (1) Every city and town, including every code city
operating under Title 35A RCW, shall identify and catalog
real property owned by the city or town that is no longer
35.21.687
(2008 Ed.)
Miscellaneous Provisions
required for its purposes and is suitable for the development
of affordable housing for very low-income, low-income, and
m o d e r at e - i n c o m e h o u s e h o l d s a s d e f i n ed i n R C W
43.63A.510. The inventory shall include the location,
approximate size, and current zoning classification of the
property. Every city and town shall provide a copy of the
inventory to the department of community, trade, and economic development by November 1, 1993, with inventory
revisions each November 1 thereafter.
(2) By November 1 of each year, beginning in 1994,
every city and town, including every code city operating
under Title 35A RCW, shall purge the inventory of real property of sites that are no longer available for the development
of affordable housing. The inventory revision shall also contain a list of real property that has become available since the
last update. As used in this section, "real property" means
buildings, land, or buildings and land. [1995 c 399 § 37;
1993 c 461 § 4.]
Finding—1993 c 461: See note following RCW 43.63A.510.
35.21.688 Family day-care provider’s home facility—City or town may not prohibit in residential or commercial area—Conditions. (1) Except as provided in subsections (2) and (3) of this section, no city or town may enact,
enforce, or maintain an ordinance, development regulation,
zoning regulation, or official control, policy, or administrative practice that prohibits the use of a residential dwelling,
located in an area zoned for residential or commercial use, as
a family day-care provider’s facility serving twelve or fewer
children.
(2) A city or town may require that the facility: (a) Comply with all building, fire, safety, health code, and business
licensing requirements; (b) conform to lot size, building size,
setbacks, and lot coverage standards applicable to the zoning
district except if the structure is a legal nonconforming structure; (c) is certified by the department of early learning licensor as providing a safe passenger loading area; (d) include
signage, if any, that conforms to applicable regulations; and
(e) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for
persons who use family day-care who work a nonstandard
work shift.
(3) A city or town may also require that the family daycare provider, before state licensing, require proof of written
notification by the provider that the immediately adjoining
property owners have been informed of the intent to locate
and maintain such a facility. If a dispute arises between
neighbors and the day-care provider over licensing requirements, the licensor may provide a forum to resolve the dispute.
(4) This section may not be construed to prohibit a city or
town from imposing zoning conditions on the establishment
and maintenance of a family day-care provider’s home serving twelve or fewer children in an area zoned for residential
or commercial use, if the conditions are no more restrictive
than conditions imposed on other residential dwellings in the
same zone and the establishment of such facilities is not precluded. As used in this section, "family day-care provider" is
as defined in RCW 43.215.010. [2007 c 17 § 9; 2003 c 286 §
1.]
35.21.688
(2008 Ed.)
35.21.698
35.21.690 Authority to regulate auctioneers—Limitations. A city or town shall not license auctioneers that are
licensed by the state under chapter 18.11 RCW other than by
requiring an auctioneer to obtain a general city or town business license and by subjecting an auctioneer to a city or town
business and occupation tax. A city or town shall not require
auctioneers that are licensed by the state under chapter 18.11
RCW to obtain bonding in addition to the bonding required
by the state. [1984 c 189 § 2.]
35.21.690
35.21.692 Authority to regulate massage practitioners—Limitations. (1) A state licensed massage practitioner seeking a city or town license to operate a massage business must provide verification of his or her state massage
license as provided for in RCW 18.108.030.
(2) The city or town may charge a licensing or operating
fee, but the fee charged a state licensed massage practitioner
shall not exceed the licensing or operating fee imposed on
similar health care providers, such as physical therapists or
occupational therapists, operating within the same city or
town.
(3) A state licensed massage practitioner is not subject to
additional licensing requirements not currently imposed on
similar health care providers, such as physical therapists or
occupational therapists. [1991 c 182 § 1.]
35.21.692
35.21.695 Authority to own and operate professional
sports franchise. (1) Any city, code city, or county, individually or collectively, may own and operate an existing professional sports franchise when the owners of such franchises
announce their intention to sell or move a franchise.
(2) If a city, code city, or county purchases a professional
sports franchise, a public corporation shall be created to manage and operate the franchise. The public corporation created
under this section shall have all of the authorities granted by
RCW 35.21.730 through 35.21.757. [1987 c 32 § 2.]
35.21.695
Legislative declaration—1987 c 32: "The legislature hereby declares
and finds that professional sports franchises are economic, cultural, and
entertainment assets to the state and that unilateral actions by the owners of
such franchises to move franchises to other locations result in a loss of direct
and indirect employment and national visibility for the state. The legislature
finds that the retention of professional sports franchises and the enabling
authority created by RCW 35.21.695 are public purposes and that RCW
35.21.695 shall not be construed in any manner contrary to the provisions of
Article VIII, section 7, of the Washington state Constitution." [1987 c 32 §
1.]
35.21.696 Newspaper carrier regulation. A city or
town, including a code city, may not license newspaper carriers under eighteen years of age for either regulatory or revenue-generating purposes. [1994 c 112 § 3.]
35.21.696
35.21.698 Regulation of financial transactions—
Limitations. A city, town, or governmental entity subject to
this title may not regulate the terms, conditions, or disclosures of any lawful financial transaction between a consumer
and (1) a business or professional under the jurisdiction of the
department of financial institutions, or (2) any financial institution as defined under RCW 30.22.041. [2005 c 338 § 2.]
35.21.698
Finding—Intent—2005 c 338: "The legislature finds that consumers,
financial services providers, and financial institutions need uniformity and
certainty in their financial transactions. It is the intent of the legislature to
reserve the authority to regulate customer financial transactions involving
[Title 35 RCW—page 85]
35.21.700
Title 35 RCW: Cities and Towns
consumers, financial services providers, and financial institutions." [2005 c
338 § 1.]
35.21.700 Tourist promotion. Any city or town in this
state acting through its council or other legislative body shall
have power to expend moneys and conduct promotion of
resources and facilities in the city or town, or general area, by
advertising, publicizing, or otherwise distributing information for the purpose of attracting visitors and encouraging
tourist expansion. [1971 ex.s. c 61 § 2.]
35.21.700
35.21.703 Economic development programs. It shall
be in the public purpose for all cities to engage in economic
development programs. In addition, cities may contract with
nonprofit corporations in furtherance of this and other acts
relating to economic development. [1985 c 92 § 1.]
35.21.703
35.21.706 Imposition or increase of business and
occupation tax—Referendum procedure required—
Exclusive procedure. Every city and town first imposing a
business and occupation tax or increasing the rate of the tax
after April 22, 1983, shall provide for a referendum procedure to apply to an ordinance imposing the tax or increasing
the rate of the tax. This referendum procedure shall specify
that a referendum petition may be filed within seven days of
passage of the ordinance with a filing officer, as identified in
the ordinance. Within ten days, the filing officer shall confer
with the petitioner concerning form and style of the petition,
issue the petition an identification number, and secure an
accurate, concise, and positive ballot title from the designated
local official. The petitioner shall have thirty days in which to
secure the signatures of not less than fifteen percent of the
registered voters of the city, as of the last municipal general
election, upon petition forms which contain the ballot title
and the full text of the measure to be referred. The filing
officer shall verify the sufficiency of the signatures on the
petition and, if sufficient valid signatures are properly submitted, shall certify the referendum measure to the next election ballot within the city or at a special election ballot as provided pursuant to RCW 35.17.260(2).
This referendum procedure shall be exclusive in all
instances for any city ordinance imposing a business and
occupation tax or increasing the rate of the tax and shall
supersede the procedures provided under chapters 35.17 and
35A.11 RCW and all other statutory or charter provisions for
initiative or referendum which might otherwise apply. [1983
c 99 § 6.]
35.21.706
Severability—1983 c 99: See note following RCW 82.14.200.
35.21.710 License fees or taxes on certain business
activities—Uniform rate required—Maximum rate
established. Any city which imposes a license fee or tax
upon business activities consisting of the making of retail
sales of tangible personal property which are measured by
gross receipts or gross income from such sales, shall impose
such tax at a single uniform rate upon all such business activities. The taxing authority granted to cities for taxes upon
business activities measured by gross receipts or gross
income from sales shall not exceed a rate of .0020; except
that any city with an adopted ordinance at a higher rate, as of
January 1, 1982 shall be limited to a maximum increase of ten
35.21.710
[Title 35 RCW—page 86]
percent of the January 1982 rate, not to exceed an annual
incremental increase of two percent of current rate: PROVIDED, That any adopted ordinance which classifies according to different types of business or services shall be subject
to both the ten percent and the two percent annual incremental increase limitation on each tax rate: PROVIDED FURTHER, That all surtaxes on business and occupation classifications in effect as of January 1, 1982, shall expire no later
than December 31, 1982, or by expiration date established by
local ordinance. Cities which impose a license fee or tax upon
business activities consisting of the making of retail sales of
tangible personal property which are measured by gross
receipts or gross income from such sales shall be required to
submit an annual report to the state auditor identifying the
rate established and the revenues received from each fee or
tax. This section shall not apply to any business activities
subject to the tax imposed by chapter 82.16 RCW. For purposes of this section, the providing to consumers of competitive telephone service, as defined in RCW 82.04.065, or the
providing of payphone service, shall be subject to tax at the
same rate as business activities consisting of the making of
retail sales of tangible personal property. As used in this section, "payphone service" means making telephone service
available to the public on a fee-per-call basis, independent of
any other commercial transaction, for the purpose of making
telephone calls, when the telephone can only be activated by
inserting coins, calling collect, using a calling card or credit
card, or dialing a toll-free number, and the provider of the
service owns or leases the telephone equipment but does not
own the telephone line providing the service to that equipment and has no affiliation with the owner of the telephone
line. [2002 c 179 § 1; 1983 2nd ex.s. c 3 § 33; 1983 c 99 § 7;
1982 1st ex.s. c 49 § 7; 1981 c 144 § 6; 1972 ex.s. c 134 § 6.]
Effective date—2002 c 179: "This act takes effect July 1, 2002." [2002
c 179 § 5.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Severability—1983 c 99: See note following RCW 82.14.200.
Intent—1982 1st ex.s. c 49: "The legislature hereby recognizes the
concern of local governmental entities regarding the financing of vital services to residents of this state. The legislature finds that local governments
are an efficient and responsive means of providing these vital services to the
citizens of this state. It is the intent of the legislature that vital services such
as public safety, public health, and fire protection be recognized by all local
governmental entities in this state as top priorities of the citizens of Washington." [1982 1st ex.s. c 49 § 1.]
Construction—1982 1st ex.s. c 49: "Nothing in this act precludes the
imposition of business and occupation taxes by cities and towns, or of sales
and use taxes. However, nothing in this act authorizes the imposition of a
business and occupation tax by any county." [1982 1st ex.s. c 49 § 6.]
Effective date—1982 1st ex.s. c 49: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support of
the state government and its existing public institutions, and shall take effect
immediately, except section 5 of this act shall take effect July 1, 1982."
[1982 1st ex.s. c 49 § 25.]
Fire district funding—1982 1st ex.s. c 49: "County legislative authorities who levy optional taxes pursuant to this act shall fully consider funding
for fire districts within their respective jurisdictions during the county budget
process.
The local government committees of the legislature shall study fire district services and funding and shall report back to the Washington State Legislature by December 31, 1982." [1982 1st ex.s. c 49 § 23.]
Intent—Severability—Effective date—1981 c 144: See notes following RCW 82.16.010.
License fees and taxes on financial institutions: Chapter 82.14A RCW.
(2008 Ed.)
Miscellaneous Provisions
35.21.718
35.21.711 License fees or taxes on certain business
activities—Excess rates authorized by voters. The qualified voters of any city or town may by majority vote approve
rates in excess of the provisions of RCW 35.21.710. [1982
1st ex.s. c 49 § 8.]
Finding—Contingency—Court judgment—Effective date—2002 c
67: See note and Reviser’s note following RCW 82.04.530.
Intent—Construction—Effective date—Fire district funding—1982
1st ex.s. c 49: See notes following RCW 35.21.710.
Effective date—1986 c 70 §§ 1, 2, 4, and 5: "Sections 1, 2, 4, and 5 of
this act shall take effect on January 1, 1987." [1986 c 70 § 8.]
35.21.711
35.21.712 License fees or taxes on telephone business
to be at uniform rate. Any city which imposes a license fee
or tax upon the business activity of engaging in the telephone
business, as defined in RCW 82.16.010, which is measured
by gross receipts or gross income from the business shall
impose the tax at a uniform rate on all persons engaged in the
telephone business in the city.
This section does not apply to the providing of competitive telephone service as defined in RCW 82.04.065 or to the
providing of payphone service as defined in RCW 35.21.710.
[2007 c 6 § 1016; 2002 c 179 § 2; 1983 2nd ex.s. c 3 § 35;
1981 c 144 § 8.]
35.21.712
Severability—1989 c 103: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1989 c 103 § 5.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Intent—Severability—Effective date—1981 c 144: See notes following RCW 82.16.010.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
35.21.715 Taxes on network telephone services. Notwithstanding RCW 35.21.714 or 35A.82.060, any city or
town which imposes a tax upon business activities measured
by gross receipts or gross income from sales, may impose
such tax on that portion of network telephone service, as
defined in RCW 82.16.010, which represents charges to
another telecommunications company, as defined in RCW
80.04.010, for connecting fees, switching charges, or carrier
access charges relating to intrastate toll services, or charges
for network telephone service that is purchased for the purpose of resale. Such tax shall be levied at the same rate as is
applicable to other competitive telephone service as defined
in RCW 82.04.065. [2007 c 6 § 1019; 1989 c 103 § 2; 1986
c 70 § 2.]
Intent—Severability—Effective date—1981 c 144: See notes following RCW 82.16.010.
Part headings not law—Savings—Effective date—Severability—
2007 c 6: See notes following RCW 82.32.020.
Part headings not law—Savings—Effective date—Severability—
2007 c 6: See notes following RCW 82.32.020.
Findings—Intent—2007 c 6: See note following RCW 82.14.495.
Effective date—2002 c 179: See note following RCW 35.21.710.
35.21.715
Findings—Intent—2007 c 6: See note following RCW 82.14.495.
35.21.714 License fees or taxes on telephone business—Imposition on certain gross revenues authorized—
Limitations. (Contingency, see note following RCW
82.04.530.) (1) Any city which imposes a license fee or tax
upon the business activity of engaging in the telephone business which is measured by gross receipts or gross income
may impose the fee or tax, if it desires, on one hundred percent of the total gross revenue derived from intrastate toll
telephone services subject to the fee or tax: PROVIDED,
That the city shall not impose the fee or tax on that portion of
network telephone service which represents charges to
another telecommunications company, as defined in RCW
80.04.010, for connecting fees, switching charges, or carrier
access charges relating to intrastate toll telephone services, or
for access to, or charges for, interstate services, or charges for
network telephone service that is purchased for the purpose
of resale, or charges for mobile telecommunications services
provided to customers whose place of primary use is not
within the city.
(2) Any city that imposes a license tax or fee under subsection (1) of this section has the authority, rights, and obligations of a taxing jurisdiction as provided in RCW
82.32.490 through 82.32.510.
(3) The definitions in RCW 82.04.065 and 82.16.010
apply to this section. [2007 c 6 § 1018; 2007 c 6 § 1017; 2002
c 67 § 9; 1989 c 103 § 1; 1986 c 70 § 1; 1983 2nd ex.s. c 3 §
37; 1981 c 144 § 10.]
35.21.714
Contingent effective date—2007 c 6 §§ 1003, 1006, 1014, and 1018:
See note following RCW 82.04.065.
Part headings not law—Savings—Effective date—Severability—
2007 c 6: See notes following RCW 82.32.020.
Findings—Intent—2007 c 6: See note following RCW 82.14.495.
(2008 Ed.)
Severability—1989 c 103: See note following RCW 35.21.714.
Effective date—1986 c 70 §§ 1, 2, 4, and 5: See note following RCW
35.21.714.
35.21.717 Taxation of internet services—Moratorium. Until July 1, 2006, a city or town may not impose any
new taxes or fees specific to internet service providers. A
city or town may tax internet service providers under generally applicable business taxes or fees, at a rate not to exceed
the rate applied to a general service classification. For the
purposes of this section, "internet service" has the same
meaning as in RCW 82.04.297. [2004 c 154 § 1; 2002 c 181
§ 1; 1999 c 307 § 1; 1997 c 304 § 2.]
35.21.717
Findings—1997 c 304: "The legislature finds that the newly emerging
business of providing internet service is providing widespread benefits to all
levels of society. The legislature further finds that this business is important
to our state’s continued growth in the high-technology sector of the economy
and that, as this industry emerges, it should not be burdened by new taxes
that might not be appropriate for the type of service being provided. The legislature further finds that there is no clear statutory guidance as to how internet services should be classified for tax purposes and intends to ratify the
state’s current treatment of such services." [1997 c 304 § 1.]
Severability—1997 c 304: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1997 c 304 § 6.]
Effective date—1997 c 304: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 9, 1997]." [1997 c 304 § 7.]
35.21.718 State route No. 16—Tax on operation prohibited. A city or town may not impose a tax on amounts
received from operating state route number 16 corridor trans35.21.718
[Title 35 RCW—page 87]
35.21.720
Title 35 RCW: Cities and Towns
portation systems and facilities constructed and operated
under chapter 47.46 RCW. [1998 c 179 § 2.]
Finding—1998 c 179: "The legislature finds and declares that the people of the state may not enjoy the full benefits of public-private initiative for
state route number 16 corridor improvements due to the many taxes that may
apply to this project. Generally these taxes would not apply if the state built
these projects through traditional financing and construction methods. These
tax exemptions will reduce the cost of the project, allow lower tolls, and
reduce the time for which tolls are charged." [1998 c 179 § 1.]
35.21.720 City contracts to obtain sheriff’s office law
enforcement services. See RCW 41.14.250 through
41.14.280.
35.21.720
35.21.730 Public corporations—Powers of cities,
towns, and counties—Administration. In order to improve
the administration of authorized federal grants or programs,
to improve governmental efficiency and services, or to
improve the general living conditions in the urban areas of
the state, any city, town, or county may by lawfully adopted
ordinance or resolution:
(1) Transfer to any public corporation, commission, or
authority created under this section, with or without consideration, any funds, real or personal property, property interests,
or services;
(2) Organize and participate in joint operations or cooperative organizations funded by the federal government when
acting solely as coordinators or agents of the federal government;
(3) Continue federally-assisted programs, projects, and
activities after expiration of contractual term or after expending allocated federal funds as deemed appropriate to fulfill
contracts made in connection with such agreements or as may
be proper to permit an orderly readjustment by participating
corporations, associations, or individuals;
(4) Enter into contracts with public corporations, commissions, and authorities for the purpose of exercising any
powers of a community renewal agency under chapter 35.81
RCW; and
(5) Create public corporations, commissions, and authorities to: Administer and execute federal grants or programs;
receive and administer private funds, goods, or services for
any lawful public purpose; and perform any lawful public
purpose or public function. The ordinance or resolution shall
limit the liability of such public corporations, commissions,
and authorities to the assets and properties of such public corporation, commission, or authority in order to prevent
recourse to such cities, towns, or counties or their assets or
credit. [2002 c 218 § 23; 1985 c 332 § 1; 1974 ex.s. c 37 § 2.]
35.21.730
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.21.735 Public corporations—Declaration of public purpose—Power and authority to enter into agreements, receive and expend funds—Security—Special
funds—Agreements to implement federal new markets
tax credit program. (1) The legislature hereby declares that
carrying out the purposes of federal grants or programs is
both a public purpose and an appropriate function for a city,
town, county, or public corporation. The provisions of RCW
35.21.730 through 35.21.755 and 35.21.660 and 35.21.670
and the enabling authority herein conferred to implement
35.21.735
[Title 35 RCW—page 88]
these provisions shall be construed to accomplish the purposes of RCW 35.21.730 through 35.21.755.
(2) All cities, towns, counties, and public corporations
shall have the power and authority to enter into agreements
with the United States or any agency or department thereof,
or any agency of the state government or its political subdivisions, and pursuant to such agreements may receive and
expend, or cause to be received and expended by a custodian
or trustee, federal or private funds for any lawful public purpose. Pursuant to any such agreement, a city, town, county,
or public corporation may issue bonds, notes, or other evidences of indebtedness that are guaranteed or otherwise
secured by funds or other instruments provided by or through
the federal government or by the federal government or an
agency or instrumentality thereof under section 108 of the
housing and community development act of 1974 (42 U.S.C.
Sec. 5308), as amended, or its successor, and may agree to
repay and reimburse for any liability thereon any guarantor of
any such bonds, notes, or other evidences of indebtedness
issued by such jurisdiction or public corporation, or issued by
any other public entity. For purposes of this subsection, federal housing mortgage insurance shall not constitute a federal
guarantee or security.
(3) A city, town, county, or public corporation may
pledge, as security for any such bonds, notes, or other evidences of indebtedness or for its obligations to repay or reimburse any guarantor thereof, its right, title, and interest in and
to any or all of the following: (a) Any federal grants or payments received or that may be received in the future; (b) any
of the following that may be obtained directly or indirectly
from the use of any federal or private funds received as
authorized in this section: (i) Property and interests therein,
and (ii) revenues; (c) any payments received or owing from
any person resulting from the lending of any federal or private funds received as authorized in this section; (d) any proceeds under (a), (b), or (c) of this subsection and any securities or investments in which (a), (b), or (c) of this subsection
or proceeds thereof may be invested; (e) any interest or other
earnings on (a), (b), (c), or (d) of this subsection.
(4) A city, town, county, or public corporation may
establish one or more special funds relating to any or all of
the sources listed in subsection (3)(a) through (e) of this section and pay or cause to be paid from such fund the principal,
interest, premium if any, and other amounts payable on any
bonds, notes, or other evidences of indebtedness authorized
under this section, and pay or cause to be paid any amounts
owing on any obligations for repayment or reimbursement of
guarantors of any such bonds, notes, or other evidences of
indebtedness. A city, town, county, or public corporation
may contract with a financial institution either to act as
trustee or custodian to receive, administer, and expend any
federal or private funds, or to collect, administer, and make
payments from any special fund as authorized under this section, or both, and to perform other duties and functions in
connection with the transactions authorized under this section. If the bonds, notes, or other evidences of indebtedness
and related agreements comply with subsection (6) of this
section, then any such funds held by any such trustee or custodian, or by a public corporation, shall not constitute public
moneys or funds of any city, town, or county and at all times
shall be kept segregated and set apart from other funds.
(2008 Ed.)
Miscellaneous Provisions
(5) For purposes of this section, "lawful public purpose"
includes, without limitation, any use of funds, including
loans thereof to public or private parties, authorized by the
agreements with the United States or any department or
agency thereof under which federal or private funds are
obtained, or authorized under the federal laws and regulations
pertinent to such agreements.
(6) If any such federal or private funds are loaned or
granted to any private party or used to guarantee any obligations of any private party, then any bonds, notes, other evidences of indebtedness issued or entered into for the purpose
of receiving or causing the receipt of such federal or private
funds, and any agreements to repay or reimburse guarantors,
shall not be obligations of any city, town, or county and shall
be payable only from a special fund as authorized in this section or from any of the security pledged pursuant to the
authority of this section, or both. Any bonds, notes, or other
evidences of indebtedness to which this subsection applies
shall contain a recital to the effect that they are not obligations of the city, town, or county or the state of Washington
and that neither the faith and credit nor the taxing power of
the state or any municipal corporation or subdivision of the
state or any agency of any of the foregoing, is pledged to the
payment of principal, interest, or premium, if any, thereon.
Any bonds, notes, other evidences of indebtedness, or other
obligations to which this subsection applies shall not be
included in any computation for purposes of limitations on
indebtedness. To the extent expressly agreed in writing by a
city, town, county, or public corporation, this subsection shall
not apply to bonds, notes, or other evidences of indebtedness
issued for, or obligations incurred for, the necessary support
of the poor and infirm by that city, town, county, or public
corporation.
(7) Any bonds, notes, or other evidences of indebtedness
issued by, or reimbursement obligations incurred by, a city,
town, county, or public corporation consistent with the provisions of this section but prior to May 3, 1995, and any loans
or pledges made by a city, town, or county in connection
therewith substantially consistent with the provisions of this
section but prior to May 3, 1995, are deemed authorized and
shall not be held void, voidable, or invalid due to any lack of
authority under the laws of this state.
(8) All cities, towns, counties, public corporations, and
port districts may create partnerships and limited liability
companies and enter into agreements with public or private
entities, including partnership agreements and limited liability company agreements, to implement within their boundaries the federal new markets tax credit program established
by the community renewal tax relief act of 2000 (26 U.S.C.
Sec. 45D) or its successor statute. [2007 c 230 § 2; 1995 c
212 § 2; 1985 c 332 § 3; 1974 ex.s. c 37 § 3.]
Purpose—2007 c 230: "The purpose of this act is to assist community
and economic development by clarifying how cities, towns, counties, public
corporations, and port districts may fully participate in the federal new markets tax credit program." [2007 c 230 § 1.]
Construction—2007 c 230: "The authority granted by this act is additional and supplemental to any other authority of any city, town, county, public corporation, or port district. This act may not be construed to imply that
any of the power or authority granted in this act was not available to any city,
town, county, public corporation, or port district under prior law. Any previous actions consistent with this act are ratified and confirmed." [2007 c
230 § 3.]
(2008 Ed.)
35.21.745
Severability—2007 c 230: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2007 c 230 § 4.]
Purpose—1995 c 212: "The purpose of this act is to assist community
and economic development by clarifying the authority of all cities, towns,
counties, and public corporations to engage in federally guaranteed "conduit
financings" and to specify procedures that may be used for such conduit
financings. Generally, in such a conduit financing a municipality borrows
funds from the federal government or from private sources with the help of
federal guarantees, without pledging the credit or tax revenues of the municipality, and then lends the proceeds for private projects that both fulfill public
purposes, such as community and economic development, and provide the
revenues to retire the municipal borrowings. Such conduit financings
include issuance by municipalities of federally guaranteed notes under section 108 of the housing and community development act of 1974, as
amended, to finance projects eligible under federal community development
block grant regulations." [1995 c 212 § 1.]
Severability—1995 c 212: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1995 c 212 § 3.]
Construction—1995 c 212: "The authority granted by this act is additional and supplemental to any other authority of any city, town, county, or
public corporation. Nothing in this act may be construed to imply that any of
the power or authority granted hereby was not available to any city, town,
county, or public corporation under prior law. Any previous actions consistent with the provisions of this act are ratified and confirmed." [1995 c 212
§ 4.]
Effective date—1995 c 212: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 3, 1995]." [1995 c 212 § 5.]
35.21.740 Public corporations—Exercise of powers,
authorities, or rights—Territorial jurisdiction. Powers,
authorities, or rights expressly or impliedly granted to any
city, town, or county or their agents under any provision of
RCW 35.21.730 through 35.21.755 shall not be operable or
applicable, or have any effect beyond the limits of the incorporated area of any city or town implementing RCW
35.21.730 through 35.21.755, unless so provided by contract
between the city and another city or county. [1985 c 332 § 4;
1974 ex.s. c 37 § 4.]
35.21.740
35.21.745 Public corporations—Provision for, control over—Powers. (1) Any city, town, or county which
shall create a public corporation, commission, or authority
pursuant to RCW 35.21.730 or 35.21.660, shall provide for
its organization and operations and shall control and oversee
its operation and funds in order to correct any deficiency and
to assure that the purposes of each program undertaken are
reasonably accomplished.
(2) Any public corporation, commission, or authority
created as provided in RCW 35.21.730 may be empowered to
own and sell real and personal property; to contract with a
city, town, or county to conduct community renewal activities under chapter 35.81 RCW; to contract with individuals,
associations, and corporations, and the state and the United
States; to sue and be sued; to loan and borrow funds and issue
bonds and other instruments evidencing indebtedness; transfer any funds, real or personal property, property interests, or
services; to do anything a natural person may do; and to perform all manner and type of community services. However,
the public corporation, commission, or authority shall have
no power of eminent domain nor any power to levy taxes or
35.21.745
[Title 35 RCW—page 89]
35.21.747
Title 35 RCW: Cities and Towns
special assessments. [2002 c 218 § 24; 1985 c 332 § 2; 1974
ex.s. c 37 § 5.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.21.747
35.21.747 Public corporations—Real property transferred by city, town, or county—Restrictions, notice, public meeting. (1) In transferring real property to a public corporation, commission, or authority under RCW 35.21.730,
the city, town, or county creating such public corporation,
commission, or authority shall impose appropriate deed
restrictions necessary to ensure the continued use of such
property for the public purpose or purposes for which such
property is transferred.
(2) The city, town, or county that creates a public corporation, commission, or authority under RCW 35.21.730 shall
require of such public corporation, commission, or authority
thirty days’ advance written notice of any proposed sale or
encumbrance of any real property transferred by such city,
town, or county to such public corporation, commission, or
authority pursuant to RCW 35.21.730(1). At a minimum,
such notice shall be provided by such public corporation,
commission, or authority to the chief executive or administrative officer of such city, town, or county, and to all members
of its legislative body, and to each local newspaper of general
circulation, and to each local radio or television station or
other news medium which has on file with such corporation,
commission, or authority a written request to be notified.
(3) Any property transferred by the city, town, or county
that created such public corporation, commission, or authority may be sold or encumbered by such public corporation,
commission, or authority only after approval of such sale or
encumbrance by the governing body of the public corporation, commission, or authority at a public meeting of which
notice was provided pursuant to RCW 42.30.080. Nothing in
this section shall be construed to prevent the governing body
of the public corporation, commission, or authority from
holding an executive session during a regular or special meeting in accordance with RCW 42.30.110(1)(c). In addition, the
public corporation, commission, or authority shall advertise
notice of the meeting in a local newspaper of general circulation at least twice no less than seven days and no more than
two weeks before the public meeting. [1990 c 189 § 1.]
35.21.750
35.21.750 Public corporations—Insolvency or dissolution. In the event of the insolvency or dissolution of a public corporation, commission, or authority, the superior court
of the county in which the public corporation, commission, or
authority is or was operating shall have jurisdiction and
authority to appoint trustees or receivers of corporate property and assets and supervise such trusteeship or receivership:
PROVIDED, That all liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets and properties of such public corporation, commission, or authority and no creditor or other person
shall have any right of action against the city, town, or county
creating such corporation, commission or authority on
account of any debts, obligations, or liabilities of such public
corporation, commission, or authority. [1974 ex.s. c 37 § 6.]
[Title 35 RCW—page 90]
35.21.755 Public corporations—Exemption or
immunity from taxation—In lieu excise tax. (1) A public
corporation, commission, or authority created pursuant to
RCW 35.21.730, 35.21.660, or 81.112.320 shall receive the
same immunity or exemption from taxation as that of the city,
town, or county creating the same: PROVIDED, That,
except for (a) any property within a special review district
established by ordinance prior to January 1, 1976, or listed on
or which is within a district listed on any federal or state register of historical sites or (b) any property owned, operated, or
controlled by a public corporation that is used primarily for
low-income housing, or that is used as a convention center,
performing arts center, public assembly hall, public meeting
place, public esplanade, street, public way, public open
space, park, public utility corridor, or view corridor for the
general public or (c) any blighted property owned, operated,
or controlled by a public corporation that was acquired for the
purpose of remediation and redevelopment of the property in
accordance with an agreement or plan approved by the city,
town, or county in which the property is located, or (d) any
property owned, operated, or controlled by a public corporation created under RCW 81.112.320, any such public corporation, commission, or authority shall pay to the county treasurer an annual excise tax equal to the amounts which would
be paid upon real property and personal property devoted to
the purposes of such public corporation, commission, or
authority were it in private ownership, and such real property
and personal property is acquired and/or operated under
RCW 35.21.730 through 35.21.755, and the proceeds of such
excise tax shall be allocated by the county treasurer to the
various taxing authorities in which such property is situated,
in the same manner as though the property were in private
ownership: PROVIDED FURTHER, That the provisions of
chapter 82.29A RCW shall not apply to property within a
special review district established by ordinance prior to January 1, 1976, or listed on or which is within a district listed on
any federal or state register of historical sites and which is
controlled by a public corporation, commission, or authority
created pursuant to RCW 35.21.730 or 35.21.660, which was
in existence prior to January 1, 1987: AND PROVIDED
FURTHER, That property within a special review district
established by ordinance prior to January 1, 1976, or property
which is listed on any federal or state register of historical
sites and controlled by a public corporation, commission, or
authority created pursuant to RCW 35.21.730 or 35.21.660,
which was in existence prior to January 1, 1976, shall receive
the same immunity or exemption from taxation as if such
property had been within a district listed on any such federal
or state register of historical sites as of January 1, 1976, and
controlled by a public corporation, commission, or authority
created pursuant to RCW 35.21.730 or 35.21.660 which was
in existence prior to January 1, 1976.
(2) As used in this section:
(a) "Low-income" means a total annual income, adjusted
for family size, not exceeding fifty percent of the area median
income.
(b) "Area median income" means:
(i) For an area within a standard metropolitan statistical
area, the area median income reported by the United States
department of housing and urban development for that standard metropolitan statistical area; or
35.21.755
(2008 Ed.)
Miscellaneous Provisions
(ii) For an area not within a standard metropolitan statistical area, the county median income reported by the department of community, trade, and economic development.
(c) "Blighted property" means property that is contaminated with hazardous substances as defined under RCW
70.105D.020. [2007 c 104 § 16; 2000 2nd sp.s. c 4 § 29; 1999
c 266 § 1; 1995 c 399 § 38; 1993 c 220 § 1; 1990 c 131 § 1;
1987 c 282 § 1; 1985 c 332 § 5; 1984 c 116 § 1; 1979 ex.s. c
196 § 9; 1977 ex.s. c 35 § 1; 1974 ex.s. c 37 § 7.]
Application—Construction—Severability—2007 c 104: See RCW
64.70.015 and 64.70.900.
Findings—Construction—2000 2nd sp.s. c 4 §§ 18-30: See notes following RCW 81.112.300.
Effective date—1979 ex.s. c 196: See note following RCW 82.04.240.
Effective date—1977 ex.s. c 35: "This 1977 amendatory act is necessary for the immediate preservation of the public peace, health, and safety,
the support of the state government and its existing public institutions, and
shall take effect July 1, 1977." [1977 ex.s. c 35 § 2.]
35.21.756
35.21.756 Tax exemption—Sales/leasebacks by
regional transit authorities. A city or town may not impose
taxes on amounts received as lease payments paid by a
seller/lessee to a lessor under a sale/leaseback agreement
under RCW 81.112.300 in respect to tangible personal property used by the seller/lessee, or to the purchase amount paid
by the lessee under an option to purchase at the end of the
lease term. [2000 2nd sp.s. c 4 § 28.]
Findings—Construction—2000 2nd sp.s. c 4 §§ 18-30: See notes following RCW 81.112.300.
35.21.757
35.21.757 Public corporations—Statutes to be construed consistent with state Constitution. Nothing in
RCW 35.21.730 through 35.21.755 shall be construed in any
manner contrary to the provisions of Article VIII, section 7,
of the Washington state Constitution. [1985 c 332 § 6.]
35.21.766
35.21.762 Urban emergency medical service districts—Creation authorized in city or town with territory
in two counties. The council of a city or town that has territory included in two counties may adopt an ordinance creating an urban emergency medical service district in all of the
portion of the city or town that is located in one of the two
counties if: (1) The county in which the urban emergency
medical service district is located does not impose an emergency medical service levy authorized under RCW
84.52.069; and (2) the other county in which the city or town
is located does impose an emergency medical service levy
authorized under RCW 84.52.069. The ordinance creating
the district may only be adopted after a public hearing has
been held on the creation of the district and the council makes
a finding that it is in the public interest to create the district.
The members of the city or town council, acting in an ex officio capacity and independently, shall compose the governing
body of the urban emergency medical service district. The
voters of an urban emergency medical service district shall be
all registered voters residing within the urban emergency
medical service district.
An urban emergency medical service district shall be a
quasi-municipal corporation and an independent taxing
"authority" within the meaning of Article VII, section 1 of the
state Constitution. Urban emergency medical service districts
shall also be "taxing districts" within the meaning of Article
VII, section 2 of the state Constitution.
An urban emergency medical service district shall have
the authority to contract under chapter 39.34 RCW with a
county, city, town, fire protection district, public hospital district, or emergency medical service district to have emergency medical services provided within its boundaries.
Territory located in the same county as an urban emergency medical service district that is annexed by the city or
town must automatically be annexed to the urban emergency
medical service district. [1994 c 79 § 1.]
35.21.762
Levy for emergency medical care and services: RCW 84.52.069.
35.21.759
35.21.759 Public corporations, commissions, and
authorities—Applicability of general laws. A public corporation, commission, or authority created under this chapter,
and officers and multimember governing body thereof, are
subject to general laws regulating local governments, multimember governing bodies, and local governmental officials,
including, but not limited to, the requirement to be audited by
the state auditor and various accounting requirements provided under chapter 43.09 RCW, the open public record
requirements of chapter 42.56 RCW, the prohibition on using
its facilities for campaign purposes under RCW 42.17.130,
the open public meetings law of chapter 42.30 RCW, the
code of ethics for municipal officers under chapter 42.23
RCW, and the local government whistleblower law under
chapter 42.41 RCW. [2005 c 274 § 265; 1999 c 246 § 1.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
35.21.760
35.21.760 Legal interns—Employment authorized.
Notwithstanding any other provision of law, the city attorney,
corporation counsel, or other chief legal officer of any city or
town may employ legal interns as otherwise authorized by
statute or court rule. [1974 ex.s. c 7 § 1.]
(2008 Ed.)
35.21.765 Fire protection, ambulance or other emergency services provided by municipal corporation within
county—Financial and other assistance by county authorized. See RCW 36.32.470.
35.21.765
35.21.766 Ambulance services—Establishment
authorized. (1) Whenever a regional fire protection service
authority determines that the fire protection jurisdictions that
are members of the authority are not adequately served by
existing private ambulance service, the governing board of
the authority may by resolution provide for the establishment
of a system of ambulance service to be operated by the
authority as a public utility [or] operated by contract after a
call for bids.
(2) The legislative authority of any city or town may
establish an ambulance service to be operated as a public utility. However, the legislative authority of the city or town
shall not provide for the establishment of an ambulance service utility that would compete with any existing private
ambulance service, unless the legislative authority of the city
or town determines that the city or town, or a substantial portion of the city or town, is not adequately served by an existing private ambulance service. In determining the adequacy
35.21.766
[Title 35 RCW—page 91]
35.21.766
Title 35 RCW: Cities and Towns
of an existing private ambulance service, the legislative
authority of the city or town shall take into consideration
objective generally accepted medical standards and reasonable levels of service which shall be published by the city or
town legislative authority. The decision of the city council or
legislative body shall be a discretionary, legislative act.
When it is preliminarily concluded that the private ambulance service is inadequate, before issuing a call for bids or
before the city or town establishes an ambulance service utility, the legislative authority of the city or town shall allow a
minimum of sixty days for the private ambulance service to
meet the generally accepted medical standards and reasonable levels of service. In the event of a second preliminary
conclusion of inadequacy within a twenty-four month period,
the legislative authority of the city or town may immediately
issue a call for bids or establish an ambulance service utility
and is not required to afford the private ambulance service
another sixty-day period to meet the generally accepted medical standards and reasonable levels of service. Nothing in
chapter 482, Laws of 2005 is intended to supersede requirements and standards adopted by the department of health. A
private ambulance service which is not licensed by the
department of health or whose license is denied, suspended,
or revoked shall not be entitled to a sixty-day period within
which to demonstrate adequacy and the legislative authority
may immediately issue a call for bids or establish an ambulance service utility.
(3) The city or town legislative authority is authorized to
set and collect rates and charges in an amount sufficient to
regulate, operate, and maintain an ambulance utility. Prior to
setting such rates and charges, the legislative authority must
determine, through a cost-of-service study, the total cost necessary to regulate, operate, and maintain the ambulance utility. Total costs shall not include capital cost for the construction, major renovation, or major repair of the physical plant.
Once the legislative authority determines the total costs, the
legislative authority shall then identify that portion of the
total costs that are attributable to the availability of the ambulance service and that portion of the total costs that are attributable to the demand placed on the ambulance utility.
(a) Availability costs are those costs attributable to the
basic infrastructure needed to respond to a single call for service within the utility’s response criteria. Availability costs
may include costs for dispatch, labor, training of personnel,
equipment, patient care supplies, and maintenance of equipment.
(b) Demand costs are those costs that are attributable to
the burden placed on the ambulance service by individual
calls for ambulance service. Demand costs shall include
costs related to frequency of calls, distances from hospitals,
and other factors identified in the cost-of-service study conducted to assess burdens imposed on the ambulance utility.
(4) A city or town legislative authority is authorized to
set and collect rates and charges as follows:
(a) The rate attributable to costs for availability
described under subsection (3)(a) of this section shall be uniformly applied across user classifications within the utility;
(b) The rate attributable to costs for demand described
under subsection (3)(b) of this section shall be established
and billed to each utility user classification based on each
user classification’s burden on the utility;
[Title 35 RCW—page 92]
(c) The fee charged by the utility shall reflect a combination of the availability cost and the demand cost;
(d)(i) Except as provided in (d)(ii) of this subsection, the
combined rates charged shall reflect an exemption for persons who are medicaid eligible and who reside in a nursing
facility, boarding home, adult family home, or receive inhome services. The combined rates charged may reflect an
exemption or reduction for designated classes consistent with
Article VIII, section 7 of the state Constitution. The amounts
of exemption or reduction shall be a general expense of the
utility, and designated as an availability cost, to be spread
uniformly across the utility user classifications.
(ii) For cities with a population less than two thousand
five hundred that established an ambulance utility before
May 6, 2004, the combined rates charged may reflect an
exemption or reduction for persons who are medicaid eligible, and for designated classes consistent with Article VIII,
section 7 of the state Constitution;
(e) The legislative authority must continue to allocate at
least seventy percent of the total amount of general fund revenues expended, as of May 5, 2004, toward the total costs
necessary to regulate, operate, and maintain the ambulance
service utility. However, cities or towns that operated an
ambulance service before May 6, 2004, and commingled
general fund dollars and ambulance service dollars, may reasonably estimate that portion of general fund dollars that
were, as of May 5, 2004, applied toward the operation of the
ambulance service, and at least seventy percent of such estimated amount must then continue to be applied toward the
total cost necessary to regulate, operate, and maintain the
ambulance utility. Cities and towns which first established
an ambulance service utility after May 6, 2004, must allocate,
from the general fund or emergency medical service levy
funds, or a combination of both, at least an amount equal to
seventy percent of the total costs necessary to regulate, operate, and maintain the ambulance service utility as of May 5,
2004, or the date that the utility is established;
(f) The legislative authority must allocate available
emergency medical service levy funds, in an amount proportionate to the percentage of the ambulance service costs to the
total combined operating costs for emergency medical services and ambulance services, towards the total costs necessary to regulate, operate, and maintain the ambulance utility;
(g) The legislative authority must allocate all revenues
received through direct billing to the individual user of the
ambulance service to the demand-related costs under subsection (3)(b) of this section;
(h) The total revenue generated by the rates and charges
shall not exceed the total costs necessary to regulate, operate,
and maintain an ambulance utility; and
(i) Revenues generated by the rates and charges must be
deposited in a separate fund or funds and be used only for the
purpose of paying for the cost of regulating, maintaining, and
operating the ambulance utility.
(5) Ambulance service rates charged pursuant to this section do not constitute taxes or charges under RCW 82.02.050
through 82.02.090, or 35.21.768, or charges otherwise prohibited by law. [2005 c 482 § 2; 2004 c 129 § 34; 1975 1st
ex.s. c 24 § 1.]
Finding—Intent—2005 c 482: "The legislature finds that ambulance
and emergency medical services are essential services and the availability of
(2008 Ed.)
Miscellaneous Provisions
these services is vital to preserving and promoting the health, safety, and
welfare of people in local communities throughout the state. All persons,
businesses, and industries benefit from the availability of ambulance and
emergency medical services, and survival rates can be increased when these
services are available, adequately funded, and appropriately regulated. It is
the legislature’s intent to explicitly recognize local jurisdictions’ ability and
authority to collect utility service charges to fund ambulance and emergency
medical service systems that are based, at least in some part, upon a charge
for the availability of these services." [2005 c 482 § 1.]
Captions not law—Severability—2004 c 129: See RCW 52.26.900
and 52.26.901.
Ambulance services by counties authorized: RCW 36.01.100.
35.21.7661 Study and review of ambulance utilities.
The joint legislative audit and review committee shall study
and review ambulance utilities established and operated by
cities under chapter 482, Laws of 2005. The committee shall
examine, but not be limited to, the following factors: The
number and operational status of utilities established under
chapter 482, Laws of 2005; whether the utility rate structures
and user classifications used by cities were established in
accordance with generally accepted utility rate-making practices; and rates charged by the utility to the user classifications. The committee shall provide a final report on this
review by December 2007. [2005 c 482 § 3.]
35.21.7661
35.21.778
of such positions, and to receive the same compensation,
insurance, and other benefits as are applicable to other volunteer firefighters, volunteer ambulance personnel, or reserve
law enforcement officers employed by the city or town.
[1997 c 65 § 1; 1993 c 303 § 1; 1974 ex.s. c 60 § 1.]
35.21.772 Fire department volunteers—Holding
public office—Definitions. (1) Except as otherwise prohibited by law, a volunteer member of any fire department who
does not serve as fire chief for the department may be:
(a) A candidate for elective public office and serve in
that public office if elected; or
(b) Appointed to any public office and serve in that public office if appointed.
(2) For purposes of this section, "volunteer" means a
member of any fire department who performs voluntarily any
assigned or authorized duties on behalf of or at the direction
of the fire department without receiving compensation or
consideration for performing such duties.
(3) For purposes of this section, "compensation" and
"consideration" do not include any benefits the volunteer
may have accrued or is accruing under chapter 41.24 RCW.
[2006 c 211 § 1.]
35.21.772
Finding—Intent—2005 c 482: See note following RCW 35.21.766.
35.21.775 Provision of fire protection services to
state-owned facilities. Subject to the provisions of RCW
35.21.779, whenever a city or town has located within its territorial limits facilities, except those leased to a nontaxexempt person or organization, owned by the state or an
agency or institution of the state, the state or agency or institution owning such facilities and the city or town may contract for an equitable share of fire protection services for the
protection and safety of personnel and property, pursuant to
chapter 39.34 RCW, as now or hereafter amended. Nothing
in this section shall be construed to require the state, or any
state agency or institution, to contract for services which are
performed by the staff and equipment of such an entity or by
a fire protection district pursuant to RCW 52.30.020. [1992 c
117 § 4; 1985 c 6 § 4; 1984 c 230 § 82; 1983 c 146 § 1; 1979
ex.s. c 102 § 1.]
35.21.775
35.21.768 Ambulance services—Excise taxes authorized—Use of proceeds. The legislative authority of any
city or town is authorized to adopt ordinances for the levy and
collection of excise taxes and/or for the imposition of an
additional tax for the act or privilege of engaging in the
ambulance business. Such business and occupation tax shall
be imposed in such amounts as fixed and determined by the
legislative authority.
The excise taxes other than the business and occupation
tax authorized by this section shall be levied and collected
from all persons, businesses, and industries who are served
and billed for said ambulance service owned and operated or
contracted for by the city or town in such amounts as shall be
fixed and determined by the legislative authority of the city or
town.
All taxes authorized pursuant to this section shall be construed to be taxes other than a retail sales tax defined in chapter 82.08 RCW and a use tax defined in chapter 82.12 RCW,
and the city or town shall appropriate and use the proceeds
derived from all taxes authorized by this section only for the
operation, maintenance and capital needs of its municipally
owned, operated, leased or contracted for ambulance service.
[1975 1st ex.s. c 24 § 2.]
35.21.768
Findings—1992 c 117: "The legislature finds that certain state-owned
facilities and institutions impose a financial burden on the cities and towns
responsible for providing fire protection services to those state facilities. The
legislature endeavors pursuant to chapter 117, Laws of 1992, to establish a
process whereby cities and towns that have a significant share of their total
assessed valuation taken up by state-owned facilities can enter into fire protection contracts with state agencies or institutions to provide a share of the
jurisdiction’s fire protection funding." [1992 c 117 § 3.]
35.21.778 Existing contracts for fire protection services and equipment not abrogated. Nothing in chapter
117, Laws of 1992, shall be interpreted to abrogate existing
contracts for fire protection services and equipment, nor be
deemed to authorize cities and towns to negotiate additional
contractual provisions to apply prior to the expiration of such
existing contracts. Upon expiration of contracts negotiated
prior to March 31, 1992, future contracts between such cities
and towns and state agencies and institutions shall be governed by the provisions of RCW 35.21.775 and 35.21.779.
[1992 c 117 § 5.]
35.21.778
35.21.769 Levy for emergency medical care and services. See RCW 84.52.069.
35.21.769
35.21.770 Members of legislative bodies authorized
to serve as volunteer firefighters, volunteer ambulance
personnel, or reserve law enforcement officers. Notwithstanding any other provision of law, the legislative body of
any city or town, by resolution adopted by a two-thirds vote
of the full legislative body, may authorize any of its members
to serve as volunteer firefighters, volunteer ambulance personnel, or reserve law enforcement officers, or two or more
35.21.770
(2008 Ed.)
Findings—1992 c 117: See note following RCW 35.21.775.
[Title 35 RCW—page 93]
35.21.779
Title 35 RCW: Cities and Towns
35.21.779 Fire protection services for state-owned
facilities—Contracts with the department of community,
trade, and economic development—Consolidation of
negotiations with multiple state agencies—Arbitration.
(1) In cities or towns where the estimated value of stateowned facilities constitutes ten percent or more of the total
assessed valuation, the state agency or institution owning the
facilities shall contract with the city or town to pay an equitable share for fire protection services. The contract shall be
negotiated as provided in subsections (2) through (6) of this
section and shall provide for payment by the agency or institution to the city or town.
(2) A city or town seeking to enter into fire protection
contract negotiations shall provide written notification to the
department of community, trade, and economic development
and the state agencies or institutions that own property within
the jurisdiction, of its intent to contract for fire protection services. Where there are multiple state agencies located within
a single jurisdiction, a city may choose to notify only the
department of community, trade, and economic development,
which in turn shall notify the agencies or institution that own
property within the jurisdiction of the city’s intent to contract
for fire protection services. Any such notification shall be
based on the valuation procedures, based on commonly
accepted standards, adopted by the department of community, trade, and economic development in consultation with
the department of general administration and the association
of Washington cities.
(3) The department of community, trade, and economic
development shall review any such notification to ensure that
the valuation procedures and results are accurate. The department will notify each affected city or town and state agency
or institution of the results of their review within thirty days
of receipt of notification.
(4) The parties negotiating fire protection contracts
under this section shall conduct those negotiations in good
faith. Whenever there are multiple state agencies located
within a single jurisdiction, every effort shall be made by the
state to consolidate negotiations on behalf of all affected
agencies.
(5) In the event of notification by one of the parties that
an agreement cannot be reached on the terms and conditions
of a fire protection contract, the director of the department of
community, trade, and economic development shall mediate
a resolution of the disagreement. In the event of a continued
impasse, the director of the department of community, trade,
and economic development shall recommend a resolution.
(6) If the parties reject the recommendation of the director and an impasse continues, the director shall direct the parties to arbitration. The parties shall agree on a neutral arbitrator, and the fees and expenses of the arbitrator shall be shared
equally between the parties. The arbitration shall be a final
offer, total arbitration, with the arbitrator empowered only to
pick the final offer of one of the parties or the recommended
resolution by the director of the department of community,
trade, and economic development. The decision of the arbitrator shall be final, binding, and nonappealable on the parties.
(7) The provisions of this section shall not apply if a city
or town and a state agency or institution have contracted pursuant to RCW 35.21.775.
35.21.779
[Title 35 RCW—page 94]
(8) The provisions of this section do not apply to cities
and towns not meeting the conditions in subsection (1) of this
section. Cities and towns not meeting the conditions of subsection (1) of this section may enter into contracts pursuant to
RCW 35.21.775. [1995 c 399 § 39; 1992 c 117 § 6.]
Findings—1992 c 117: See note following RCW 35.21.775.
35.21.780 Laws, rules and regulations applicable to
cities five hundred thousand or over deemed applicable to
cities four hundred thousand or over. On and after June
12, 1975, every law and rule or regulation of the state or any
agency thereof which immediately prior to June 12, 1975
related to cities of five hundred thousand population or over
shall be deemed to be applicable to cities of four hundred
thousand population or over. [1975 c 33 § 1.]
35.21.780
Severability—1975 c 33: "If any provision of this 1975 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1975 c 33 § 7.]
35.21.790 Revision of corporate boundary within
street, road, or highway right-of-way by substituting
right-of-way line—Not subject to review. (1) The governing bodies of a county and any city or town located therein
may by agreement revise any part of the corporate boundary
of the city or town which coincides with the centerline, edge,
or any portion of a public street, road or highway
right-of-way by substituting therefor a right-of-way line of
the same public street, road or highway so as fully to include
or fully to exclude that segment of the public street, road or
highway from the corporate limits of the city or town.
(2) The revision of a corporate boundary as authorized
by this section shall become effective when approved by
ordinance of the city or town council or commission and by
ordinance or resolution of the county legislative authority.
Such a boundary revision is not subject to potential review by
a boundary review board. [1989 c 84 § 10; 1975 1st ex.s. c
220 § 17.]
35.21.790
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
Boundary line adjustment: RCW 35.13.300 through 35.13.330.
Use of right-of-way line as corporate boundary in incorporation proceeding—When right-of-way may be included in territory to be incorporated: RCW 35.02.170.
When right-of-way may be included in territory to be incorporated—Use of
right-of-way line as corporate boundary in annexation: RCW
35.13.290.
35.21.800 Foreign trade zones—Legislative finding,
intent. It is the finding of the legislature that foreign trade
zones serve an important public purpose by the creation of
employment opportunities within the state and that the establishment of zones designed to accomplish this purpose is to
be encouraged. It is the further intent of the legislature that
the department of trade and economic development provide
assistance to entities planning to apply to the United States
for permission to establish such zones. [1985 c 466 § 43;
1977 ex.s. c 196 § 3.]
35.21.800
Effective date—Severability—1985 c 466: See notes following RCW
43.31.125.
Effective date—1977 ex.s. c 196: See note following RCW 24.46.010.
(2008 Ed.)
Miscellaneous Provisions
35.21.805 Foreign trade zones—Authority to apply
for permission to establish, operate and maintain. A city
or town, as zone sponsor, may apply to the United States for
permission to establish, operate, and maintain foreign trade
zones: PROVIDED, That nothing herein shall be construed
to prevent these zones from being operated and financed by a
private corporation(s) on behalf of a city or town acting as
zone sponsor. [1977 ex.s. c 196 § 4.]
35.21.805
Effective date—1977 ex.s. c 196: See note following RCW 24.46.010.
35.21.810 H ydroplane races—Providing for
restrooms and other services in public parks for spectators—Admission fees—Authorized. Any city or town may
provide restrooms and other services in its public parks to be
used by spectators of any hydroplane race held on a lake or
river which is located adjacent to or within the city or town,
and in addition any city or town may charge admission fees
for persons to observe a hydroplane race from public park
property which is sufficient to defray the costs of the city or
town accommodating spectators, cleaning up after the race,
and other costs related to the hydroplane race. Any city or
town may authorize the organization which sponsors a hydroplane race to provide restroom and other services for the public on park property and may authorize the organization to
collect any admission fees charged by the city or town. [1979
c 26 § 1.]
35.21.810
35.21.815 Hydroplane races—Levying of admission
charges declared public park purpose—Reversion prohibited. It is hereby declared to be a legitimate public park
purpose for any city or town to levy an admission charge for
spectators to view hydroplane races from park property.
Property which has been conveyed to a city or town by the
state for exclusive use in the city’s or town’s public park system or exclusively for public park, parkway, and boulevard
purposes shall not revert to the state upon the levying of
admission fees authorized in RCW 35.21.810. [1979 c 26 §
2.]
35.21.815
35.21.820 Acquisition and disposal of vehicles for
commuter ride sharing by city employees. The power of
any city, town, county, other municipal corporation, or quasi
municipal corporation to acquire, hold, use, possess, and dispose of motor vehicles for official business shall include, but
not be limited to, the power to acquire, hold, use, possess, and
dispose of motor vehicles for commuter ride sharing by its
employees, so long as such use is economical and advantageous to the city, town, county, other municipal corporation.
[1979 c 111 § 11.]
35.21.820
Severability—1979 c 111: See note following RCW 46.74.010.
Ride sharing: Chapter 46.74 RCW.
35.21.830 Controls on rent for residential structures—Prohibited—Exceptions. The imposition of controls on rent is of statewide significance and is preempted by
the state. No city or town of any class may enact, maintain, or
enforce ordinances or other provisions which regulate the
amount of rent to be charged for single family or multiple
unit residential rental structures or sites other than properties
in public ownership, under public management, or properties
35.21.830
(2008 Ed.)
35.21.845
providing low-income rental housing under joint public-private agreements for the financing or provision of such lowincome rental housing. This section shall not be construed as
prohibiting any city or town from entering into agreements
with private persons which regulate or control the amount of
rent to be charged for rental properties. [1981 c 75 § 1.]
Applicability to floating home moorage sites—1981 c 75: "Nothing
in this act shall be construed to preempt local ordinances that relate to the
control of rents or other relationships at floating home moorage sites." [1981
c 75 § 3.]
Severability—1981 c 75: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1981 c 75 § 4.]
35.21.840 Taxation of motor carriers of freight for
hire—Allocation of gross receipts. The following principles shall allocate gross receipts of a motor carrier of freight
for hire (called the "motor carrier" in this section) to prevent
multiple taxation by two or more municipalities. They shall
apply when two or more municipalities in this state impose a
license fee or tax for the act or privilege of engaging in business activities; each municipality has a basis in local activity
for imposing its tax; and the gross receipts measured by all
taxing municipalities, added together, exceed the motor carrier’s gross receipts.
(1) No municipality shall be entitled to an allocation of
the gross receipts of a motor carrier on account of the use of
its streets or highways when no pick-up or delivery occurs
therein.
(2) Gross receipts of a motor carrier derived within a
municipality, where it solicits orders and engages in business
activities that are a significant factor in holding the market
but where it maintains no office or terminal, shall be allocated equally between the municipality providing the local
market and the municipality where the motor carrier’s office
or terminal is located. Where no such local solicitation and
business activity occurs, all the gross receipts shall be allocated to the municipality where the office or terminal is
located irrespective of the place of pick-up or delivery. The
word "terminal" means a location at which any three of the
following four occur: Dispatching takes place, from which
trucks operate or are serviced, personnel report and receive
assignments, and orders are regularly received from the public.
(3) Gross receipts of a motor carrier that are not attributable to transportation services, such as investment income,
truck repair, and rental of equipment, shall be allocated to the
office or terminal conducting such activities.
(4) Gross receipts of a motor carrier with an office or terminal in two or more municipalities in this state shall be allocated to the office or terminal at which the transportation services commenced. [1982 c 169 § 1.]
35.21.840
Applicability—1982 c 169: "This act applies to motor carriers of
freight for hire only. Nothing in this act applies to a person engaged in the
business of making sales at retail or wholesale or of providing storage services for tangible personal property." [1982 c 169 § 4.]
Motor freight carriers: Chapter 81.80 RCW.
Municipal business and occupation tax authorized: RCW 35.95.040.
35.21.845 Taxation of motor carriers of freight for
hire—Tax allocation formula. A motor carrier of freight
35.21.845
[Title 35 RCW—page 95]
35.21.850
Title 35 RCW: Cities and Towns
for hire whose gross receipts are subject to multiple taxation
by two or more municipalities in this state may request and
thereupon shall be given a joint audit of the taxpayer’s books
and records by all of the taxing authorities seeking to tax all
or part of such gross receipts. Such taxing authorities shall
agree upon and establish a tax allocation formula which shall
be binding upon the taxpayer and the taxing authorities participating in the audit or receiving a copy of such request
from the taxpayer. Payment by the taxpayer of the taxes to
each taxing authority in accordance with such tax allocation
formula shall be a complete defense in any action by any taxing authority to recover additional taxes, interest, and/or penalties. A taxing municipality, whether or not a party to such
joint audit, may seek a revision of the formula by giving written notice to each other taxing municipality concerned and
the taxpayer. Any such revision as may be agreed upon by the
taxing municipalities, or as may be decreed by a court of
competent jurisdiction in an action initiated by one or more
taxing authorities, shall apply only to gross receipts of the
taxpayer received after the date of any such agreed revision
or effective date of the judgment or order of any such court.
[1982 c 169 § 2.]
Applicability—1982 c 169: See note following RCW 35.21.840.
35.21.850
35.21.850 Taxation of motor carriers of freight for
hire—Limitation—Exceptions. No demand for a fee or tax
or penalty shall be made by a city or town against a motor
carrier of freight for hire on gross income derived from providing transportation services more than four years after the
close of the year in which the same accrued except (1) against
a taxpayer who has been guilty of fraud or misrepresentation
of a material fact; or (2) where a taxpayer has executed a written waiver of such limitations; or (3) against a taxpayer who
has not registered as required by the ordinance of the city or
town imposing such tax or fee, provided this subsection shall
not apply to a taxpayer who has registered in any city or town
where the taxpayer maintains an office or terminal, or in the
case of a taxpayer who has paid a license fee or tax based on
such gross receipts to any city or town levying same which
may reasonably be construed to be the principal market of the
taxpayer but in which he maintains no office or terminal.
[1982 c 169 § 3.]
Applicability—1982 c 169: See note following RCW 35.21.840.
35.21.851
35.21.851 Taxation of chamber of commerce, similar
business for operation of parking/business improvement
area. (1) A city shall not impose a gross receipts tax on
amounts received by a chamber of commerce or other similar
business association for administering the operation of a
parking and business improvement area within the meaning
of RCW 35.87A.110.
(2) For the purposes of this section, the following definitions apply:
(a) "Gross receipts tax" means a tax measured by gross
proceeds of sales, gross income of the business, or value proceeding or accruing.
(b) "City" includes cities, code cities, and towns. [2005
c 476 § 2.]
[Title 35 RCW—page 96]
35.21.855 Taxation of intellectual property creating
activities—Gross receipts tax prohibited—Exceptions.
(1) A city may not impose a gross receipts tax on intellectual
property creating activities.
(2) A city may impose a gross receipts tax measured by
gross receipts from royalties only on taxpayers domiciled in
the city. For the purposes of this section, "royalties" does not
include gross receipts from casual or isolated sales as defined
in RCW 82.04.040, grants, capital contributions, donations,
or endowments.
(3) This section does not prohibit a city from imposing a
gross receipts tax measured by the value of products manufactured in the city merely because intellectual property creating activities are involved in the design or manufacturing of
the products. An intellectual property creating activity shall
not constitute an activity defined within the meaning of the
term "to manufacture" under chapter 82.04 RCW.
(4) This section does not prohibit a city from imposing a
gross receipts tax measured by the gross proceeds of sales
made in the city merely because intellectual property creating
activities are involved in creation of the articles sold.
(5) This section does not prohibit a city from imposing a
gross receipts tax measured by the gross income received for
services rendered in the city merely because intellectual
property creating activities are some part of services rendered.
(6) A tax in effect on January 1, 2002, is not subject to
this section until January 1, 2004.
(7) The definitions in this subsection apply to this section.
(a) "Gross receipts tax" means a tax measured by gross
proceeds of sales, gross income of the business, or value proceeding or accruing.
(b) "City" includes cities, code cities, and towns.
(c) "Domicile" means the principal place from which the
trade or business of the taxpayer is directed and managed. A
taxpayer has only one domicile.
(d) "Intellectual property creating activity" means
research, development, authorship, creation, or general or
specific inventive activity without regard to whether the
intellectual property creating activity actually results in the
creation of patents, trademarks, trade secrets, subject matter
subject to copyright, or other intellectual property.
(e) "Manufacture," "gross proceeds of sales," "gross
income of the business," "value proceeding or accruing," and
"royalties" have the same meanings as under chapter 82.04
RCW.
(f) "Value of products" means the value of products as
determined under RCW 82.04.450. [2003 c 69 § 1.]
35.21.855
35.21.860 Electricity, telephone, or natural gas business, service provider—Franchise fees prohibited—
Exceptions. (1) No city or town may impose a franchise fee
or any other fee or charge of whatever nature or description
upon the light and power, or gas distribution businesses, as
defined in RCW 82.16.010, or telephone business, as defined
in RCW 82.16.010, or service provider for use of the
right-of-way, except:
(a) A tax authorized by RCW 35.21.865 may be
imposed;
35.21.860
(2008 Ed.)
Miscellaneous Provisions
(b) A fee may be charged to such businesses or service
providers that recovers actual administrative expenses
incurred by a city or town that are directly related to receiving
and approving a permit, license, and franchise, to inspecting
plans and construction, or to the preparation of a detailed
statement pursuant to chapter 43.21C RCW;
(c) Taxes permitted by state law on service providers;
(d) Franchise requirements and fees for cable television
services as allowed by federal law; and
(e) A site-specific charge pursuant to an agreement
between the city or town and a service provider of personal
wireless services acceptable to the parties for:
(i) The placement of new structures in the right-of-way
regardless of height, unless the new structure is the result of a
mandated relocation in which case no charge will be imposed
if the previous location was not charged;
(ii) The placement of replacement structures when the
replacement is necessary for the installation or attachment of
wireless facilities, and the overall height of the replacement
structure and the wireless facility is more than sixty feet; or
(iii) The placement of personal wireless facilities on
structures owned by the city or town located in the
right-of-way. However, a site-specific charge shall not apply
to the placement of personal wireless facilities on existing
structures, unless the structure is owned by the city or town.
A city or town is not required to approve the use permit
for the placement of a facility for personal wireless services
that meets one of the criteria in this subsection absent such an
agreement. If the parties are unable to agree on the amount of
the charge, the service provider may submit the amount of the
charge to binding arbitration by serving notice on the city or
town. Within thirty days of receipt of the initial notice, each
party shall furnish a list of acceptable arbitrators. The parties
shall select an arbitrator; failing to agree on an arbitrator,
each party shall select one arbitrator and the two arbitrators
shall select a third arbitrator for an arbitration panel. The
arbitrator or arbitrators shall determine the charge based on
comparable siting agreements involving public land and
rights-of-way. The arbitrator or arbitrators shall not decide
any other disputed issues, including but not limited to size,
location, and zoning requirements. Costs of the arbitration,
including compensation for the arbitrator’s services, must be
borne equally by the parties participating in the arbitration
and each party shall bear its own costs and expenses, including legal fees and witness expenses, in connection with the
arbitration proceeding.
(2) Subsection (1) of this section does not prohibit franchise fees imposed on an electrical energy, natural gas, or
telephone business, by contract existing on April 20, 1982,
with a city or town, for the duration of the contract, but the
franchise fees shall be considered taxes for the purposes of
the limitations established in RCW 35.21.865 and 35.21.870
to the extent the fees exceed the costs allowable under subsection (1) of this section. [2007 c 6 § 1020; 2000 c 83 § 8;
1983 2nd ex.s. c 3 § 39; 1982 1st ex.s. c 49 § 2.]
Part headings not law—Savings—Effective date—Severability—
2007 c 6: See notes following RCW 82.32.020.
Findings—Intent—2007 c 6: See note following RCW 82.14.495.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
(2008 Ed.)
35.21.871
Intent—Construction—Effective date—Fire district funding—1982
1st ex.s. c 49: See notes following RCW 35.21.710.
"Service provider" defined: RCW 35.99.010.
35.21.865 Electricity, telephone, or natural gas business—Limitations on tax rate changes. No city or town
may change the rate of tax it imposes on the privilege of conducting an electrical energy, natural gas, or telephone business which change applies to business activities occurring
before the effective date of the change, and no rate change
may take effect before the expiration of sixty days following
the enactment of the ordinance establishing the change
except as provided in RCW 35.21.870. [1983 c 99 § 4; 1982
1st ex.s. c 49 § 3.]
35.21.865
Severability—1983 c 99: See note following RCW 82.14.200.
Intent—Construction—Effective date—Fire district funding—1982
1st ex.s. c 49: See notes following RCW 35.21.710.
35.21.870 Electricity, telephone, natural gas, or
steam energy business—Tax limited to six percent—
Exception. (1) No city or town may impose a tax on the privilege of conducting an electrical energy, natural gas, steam
energy, or telephone business at a rate which exceeds six percent unless the rate is first approved by a majority of the voters of the city or town voting on such a proposition.
(2) If a city or town is imposing a rate of tax under subsection (1) of this section in excess of six percent on April 20,
1982, the city or town shall decrease the rate to a rate of six
percent or less by reducing the rate each year on or before
November 1st by ordinances to be effective on January 1st of
the succeeding year, by an amount equal to one-tenth the difference between the tax rate on April 20, 1982, and six percent.
Nothing in this subsection prohibits a city or town from
reducing its rates by amounts greater than the amounts
required in this subsection.
Voter approved rate increases under subsection (1) of
this section shall not be included in the computations under
this subsection. [1984 c 225 § 6; 1983 c 99 § 5; 1982 1st ex.s.
c 49 § 4.]
35.21.870
Rules—1984 c 225: See note following RCW 82.14.210.
Severability—1983 c 99: See note following RCW 82.14.200.
Intent—Construction—Effective date—Fire district funding—1982
1st ex.s. c 49: See notes following RCW 35.21.710.
35.21.871 Tax on telephone business—Deferral of
rate reduction. A city or town required by RCW
35.21.870(2) to reduce its rate of taxation on telephone business may defer for one year the required reduction in rates for
the year 1987. If the delay in rate reductions authorized by the
preceding sentence is inadequate for a city or town to offset
the impact of revenue reductions arising from the removal of
revenues from connecting fees, switching charges, or carrier
access charges under the provisions of RCW 35.21.714, then
the legislative body of such city or town may reimpose for
1987 the rates that such city or town had in effect upon telephone business during 1985. In each succeeding year, the city
or town shall reduce the rate by one-tenth of the difference
between the tax rate on April 20, 1982, and six percent.
[1986 c 70 § 3.]
35.21.871
[Title 35 RCW—page 97]
35.21.873
Title 35 RCW: Cities and Towns
35.21.873 Procedure to correct erroneous mobile
telecommunications service tax. (Contingency, see note
following RCW 82.04.530.) If a customer believes that an
amount of city tax or an assignment of place of primary use
or taxing jurisdiction included on a billing for mobile telecommunications services is erroneous, the customer shall
notify the home service provider in writing. The customer
shall include in this written notification the street address for
the customer’s place of primary use, the account name and
number for which the customer seeks a correction, and a
description of the error asserted by the customer. Within sixty
days of receiving a notice under this section, the home service provider shall review its records and the electronic database or enhanced zip code used pursuant to RCW 82.32.490
and 82.32.495 to determine the customer’s taxing jurisdiction. The home service provider shall notify the customer in
writing of the results of its review.
The procedures in this section shall be the first remedy
available to customers seeking correction of assignment of
place of primary use or taxing jurisdiction, or a refund of or
other compensation for taxes, charges, and fees erroneously
collected by the home service provider, and no cause of
action based upon a dispute arising from such taxes, charges,
or fees shall accrue to the extent otherwise permitted by law
until a customer has reasonably exercised the rights and procedures set forth in this section. [2002 c 67 § 16.]
35.21.873
Finding—Contingency—Court judgment—Effective date—2002 c
67: See note and reviser’s note following RCW 82.04.530.
a private telecommunications system or for a provider of private shared telecommunications services. [1995 c 243 § 6.]
Findings—Severability—1995 c 243: See notes following RCW
80.36.555.
35.21.897 Mobile home, manufactured home, or
park model moving or installing—Copies of permits—
Definitions. (1) A city or town shall transmit a copy of any
permit issued to a tenant or the tenant’s agent for a mobile
home, manufactured home, or park model installation in a
mobile home park to the landlord.
(2) A city or town shall transmit a copy of any permit
issued to a person engaged in the business of moving or
installing a mobile home, manufactured home, or park model
in a mobile home park to the tenant and the landlord.
(3) As used in this section:
(a) "Landlord" has the same meaning as in RCW
59.20.030;
(b) "Mobile home park" has the same meaning as in
RCW 59.20.030;
(c) "Mobile or manufactured home installation" has the
same meaning as in *RCW 43.63B.010; and
(d) "Tenant" has the same meaning as in RCW
59.20.030. [1999 c 359 § 18.]
35.21.897
*Reviser’s note: RCW 43.63B.010 was recodified as RCW
43.22A.010 pursuant to 2007 c 432 § 13.
Effective date—1999 c 359: See RCW 59.20.901.
35.21.900 Authority to transfer real property. Cities
are authorized to transfer real property pursuant to RCW
43.99C.070 and 43.83D.120. [2006 c 35 § 10.]
35.21.900
35.21.875 Designation of official newspaper. Each
city and town shall designate an official newspaper by resolution. The newspaper shall be of general circulation in the
city or town and have the qualifications prescribed by chapter
65.16 RCW. [1985 c 469 § 99.]
35.21.875
35.21.880 Right-of-way donations—Credit against
required improvements. Where the zoning and planning
provisions of a city or town require landscaping, parking, or
other improvements as a condition to granting permits for
commercial or industrial developments, the city or town may
credit donations of right-of-way in excess of that required for
traffic improvement against such landscaping, parking, or
other requirements. [1987 c 267 § 7.]
35.21.880
Severability—1987 c 267: See RCW 47.14.910.
Right-of-way donations: Chapter 47.14 RCW.
35.21.890 Boundary changes—Providing factual
information—Notice to boundary review board. A city or
town may provide factual information on the effects of a proposed boundary change on the city or town and the area
potentially affected by the boundary change. A statement that
the city or town has such information available, and copies of
any printed materials or information available to be provided
to the public shall be filled [filed] with the boundary review
board for the board’s information. [1989 c 84 § 70.]
35.21.890
35.21.895 Regulation of automatic number or location identification—Prohibited. No city or town may enact
or enforce an ordinance or regulation mandating automatic
number identification or automatic location identification for
35.21.895
[Title 35 RCW—page 98]
Findings—2006 c 35: See note following RCW 43.99C.070.
35.21.905 Consultation with public utilities for
water-sewer facility relocation projects. Cities shall, in the
predesign phase of construction projects involving relocation
of sewer and/or water facilities, consult with public utilities
operating water/sewer systems in order to coordinate design.
[2007 c 31 § 5.]
35.21.905
Chapter 35.22
Chapter 35.22 RCW
FIRST-CLASS CITIES
Sections
35.22.010
35.22.020
35.22.030
35.22.050
35.22.055
35.22.060
35.22.070
35.22.080
35.22.090
35.22.100
35.22.110
35.22.120
35.22.130
35.22.140
35.22.150
35.22.160
35.22.170
35.22.180
35.22.190
Laws governing.
Mode of exercising powers, functions and duties.
Cities having ten thousand or more population may frame
charter for own government.
Election of freeholders to frame charter.
Election of freeholders in cities of three hundred thousand or
more population—Designation of positions—Rotation of
names on ballots.
Submission of charter—Publication.
Election on adoption of charter—Notice.
Conduct of elections.
Form of ballot.
Certificates of election to officers.
Authentication of charter.
Petition for submission of charter amendment.
Requisites of petition—Effect of favorable vote.
New or revised charter—Petition—Freeholders.
Submission of new charter.
Election on adoption of new charter.
Publication of proposed charter.
Conduct of elections.
Effect of favorable vote.
(2008 Ed.)
First-Class Cities
35.22.195
35.22.200
35.22.205
35.22.210
35.22.220
35.22.235
35.22.245
35.22.280
35.22.282
35.22.283
35.22.284
35.22.285
35.22.287
35.22.288
35.22.290
35.22.300
35.22.302
35.22.305
35.22.310
35.22.320
35.22.330
35.22.340
35.22.350
35.22.360
35.22.362
35.22.365
35.22.370
35.22.410
35.22.415
35.22.425
35.22.570
35.22.580
35.22.590
35.22.600
35.22.610
35.22.620
35.22.625
35.22.630
35.22.635
35.22.640
35.22.650
35.22.660
35.22.680
35.22.685
35.22.690
35.22.695
35.22.700
35.22.705
35.22.900
Powers of cities adopting charters.
Legislative powers of charter city—Where vested—Direct
legislation.
Compensation and hours of mayor and elected officials.
Separate designation of councilmen in certain first-class cities.
Repeal of separate designation.
First-class mayor-council cities—Twelve councilmembers.
First-class mayor-council cities—Seven councilmembers.
Specific powers enumerated.
City and town license fees and taxes on financial institutions.
City license fees or taxes on certain business activities to be at
a single uniform rate.
Association of sheriffs and police chiefs.
Nonpolluting power generation by individual—Exemption
from regulation—Authorization to contract with utility.
Hydroelectric resources—Separate legal authority—Creation
by irrigation districts and cities, towns, or public utility districts.
Publication of ordinances or summary—Public notice of hearings and meeting agendas.
Additional powers—Auditoriums, art museums.
Leasing of land for auditoriums, etc.
Conveyance or lease of space above real property or structures
or improvements.
Department for administration, etc., of property incident to
civic center—Creation authorized—Supervision—Authority.
Cesspools, filling of—Removal of debris, etc.
Collection of cost of filling cesspools, etc.
Radio communication.
Streets—Railroad franchises in, along, over, and across.
Utilities—Collective bargaining with employees.
Utilities—Wage adjustments.
Nuclear thermal power facilities—Joint development with
public utility districts and electrical companies.
Public transportation systems in municipalities—Financing.
Wards—Division of city.
Wharves—City may let wharves or privileges thereon.
Municipal airport located in unincorporated area—Subject to
county comprehensive plan and zoning ordinances.
Criminal code repeals by city operating municipal court—
Agreement covering costs of handling resulting criminal
cases—Arbitration.
Omnibus grant of powers to first-class cities.
Diversion of local improvement moneys prohibited—Refund
of excess.
Bonds voted by people—Transfer of excess to redemption
fund.
Liability for violations of RCW 35.22.580 or 35.22.590.
Police officers—Appointment without regard to residence
authorized.
Public works or improvements—Limitations on work by public employees—Small works roster—Purchase of reused or
recycled materials or products.
Public works or improvements—Inapplicability of RCW
35.22.620 to certain agreements relating to water pollution
control, solid waste handling facilities.
Public works or improvements—Cost amounts—How determined.
Public works or improvements—Low bidder claiming error—
Prohibition on later bid for same project.
Public works or improvements—Electrical distribution and
generating systems—Customer may contract with qualified
electrical contractor.
Public works or improvements—Minority business, employees—Contract, contents.
Child care facilities—Review of need and demand—Adoption
of ordinances.
Residential care facilities—Review of need and demand—
Adoption of ordinances.
Conditional and special use permit applications by parties
licensed or certified by the department of social and health
services or the department of corrections—Mediation prior
to appeal required.
First-class cities subject to limitations on moratoria, interim
zoning controls.
Planning regulations—Copies provided to county assessor.
Conformance with chapter 43.97 RCW required.
Purchase of electric power and energy from joint operating
agency.
Liberal construction.
Accident claims against: RCW 35.31.020.
Actions against
(2008 Ed.)
35.22.010
public corporations: RCW 4.08.120.
state: Chapter 4.92 RCW.
Actions by in corporate name: RCW 4.08.110.
Advancement in classification: RCW 35.06.010.
Annexation of federal areas: RCW 35.13.185.
Bond issues by proxy: Chapter 35.36 RCW.
Charters
provisions on local improvements superseded: RCW 35.43.030.
subject to general laws: State Constitution Art. 11 § 10 (Amendment 40).
Classification as: RCW 35.01.010.
Discrimination, administrative remedies authorized: RCW 49.60.330.
Employment of legal interns: RCW 35.21.760.
Harbor improvements, joint planning authorized: RCW 88.32.240,
88.32.250.
Health officer, birth and death records, furnishing of, fees: RCW 70.58.107.
Inhabitants at time of organization: RCW 35.01.010.
Judgment against local governmental entity, enforcement: RCW 6.17.080.
Limitations on indebtedness: State Constitution Art. 7 § 2 (Amendments 55,
59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW 84.52.050.
Local improvement
bonds: Chapters 35.43 through 35.48 RCW.
bonds, collection of assessments: RCW 35.49.010.
laws superseded: RCW 35.43.030.
Lost and found property: Chapter 63.21 RCW.
Municipal transportation systems, budget by transportation commission:
RCW 35.32A.010.
Officers
salaries of, not to be changed during term: State Constitution Art. 11 § 8
(Amendment 57).
vacancies not to be extended: State Constitution Art. 11 § 8 (Amendment
57).
Organization under general laws required: State Constitution Art. 11 § 10
(Amendment 40).
Parking, off-street facilities: Chapter 35.86 RCW.
Police
regulations, enforcement of: State Constitution Art. 11 § 11.
relief and pensions in first-class cities: Chapter 41.20 RCW.
Public funds
deposited with treasurer: State Constitution Art. 11 § 15.
use of, by official, a felony: State Constitution Art. 11 § 14.
Public health pooling fund: Chapter 70.12 RCW.
Retirement and pensions: Chapter 41.28 RCW.
Roadways, elevated, authority to construct: RCW 35.85.010.
Sanitary fills: RCW 35.73.010.
Service of summons on, personal service: RCW 4.28.080.
Sidewalks, construction and reconstruction, generally: Chapter 35.69 RCW.
Streets and alleys, grades at high elevation, drainage impractical on private
abutting land, effect: Chapter 35.73 RCW.
Subways, authority to construct: RCW 35.85.050.
Taxes, collection by county treasurer: RCW 36.29.100, 36.29.110.
Tunnels, authority to construct: RCW 35.85.050.
Unclaimed property in hands of city police: Chapter 63.32 RCW.
Viaducts, authority to construct: RCW 35.85.010.
Vital statistics, primary registration district: RCW 70.58.010.
35.22.010 Laws governing. Cities of the first class
shall be organized and governed according to the law providing for the government of cities having a population of ten
thousand or more inhabitants that have adopted a charter in
accordance with Article XI, section 10 of the state Constitution. [1997 c 361 § 12; 1965 c 7 § 35.22.010. Prior: 1890 p
143 § 23; RRS § 8947.]
35.22.010
[Title 35 RCW—page 99]
35.22.020
Title 35 RCW: Cities and Towns
First class city, defined: RCW 35.01.010.
35.22.020 Mode of exercising powers, functions and
duties. The form of the organization and the manner and
mode in which cities of the first class shall exercise the powers, functions and duties conferred upon them by law, with
respect to their own government, shall be as provided in the
charters thereof. [1965 c 7 § 35.22.020. Prior: 1911 c 17 § 1;
RRS § 8948.]
35.22.020
35.22.030 Cities having ten thousand or more population may frame charter for own government. Any city
with a population of ten thousand or more inhabitants may
frame a charter for its own government. [1965 ex.s. c 47 § 5;
1965 c 7 § 35.22.030. Prior: 1890 p 215 § 1; RRS § 8951.]
35.22.030
Cities of ten thousand or more
may frame charters without change in classification: RCW 35.22.195.
permitted to frame charters: State Constitution Art. 11 § 10 (Amendment
40).
35.22.050 Election of freeholders to frame charter.
Whenever the population of a city is ten thousand or more,
the legislative authority thereof shall provide by ordinance
for an election to be held therein for the purpose of electing
fifteen freeholders for the purpose of framing a charter for the
city. The members of the board of freeholders must be qualified electors and must have been residents of the city for a
period of at least two years prior to their election. [1965 ex.s.
c 47 § 7; 1965 c 7 § 35.22.050. Prior: 1890 p 216 § 3, part;
RRS § 8953, part.]
35.22.050
35.22.055 Election of freeholders in cities of three
hundred thousand or more population—Designation of
positions—Rotation of names on ballots. Notwithstanding
any other provision of law, whenever the population of a city
is three hundred thousand persons or more, not less than ten
days before the time for filing declarations of candidacy for
election of freeholders under Article XI, section 10 (Amendment 40), of the state Constitution, the city clerk shall designate the positions to be filled by consecutive number, commencing with one. The positions to be designated shall be
dealt with as separate offices for all election purposes, and
each candidate shall file for one, but only one, of the positions so designated.
In the printing of ballots, the positions of the names of
candidates for each numbered position shall be changed as
many times as there are candidates for the numbered positions, following insofar as applicable the procedure provided
for in *RCW 29.30.040 for the rotation of names on primary
ballots, the intention being that ballots at the polls will reflect
as closely as practicable the rotation procedure as provided
for therein. [1974 ex.s. c 1 § 1.]
election and frame a charter for the city and within thirty days
thereafter, they, or a majority of them, shall submit the charter to the legislative authority of the city, which, within five
days thereafter, shall cause it to be published in the newspaper having the largest general circulation within the city at
least once each week for four weeks next preceding the day
of submitting the same to the electors for their approval.
[1985 c 469 § 22; 1965 ex.s. c 47 § 8; 1965 c 7 § 35.22.060.
Prior: 1890 p 216 § 3, part; RRS § 8953, part.]
Submission of proposed charter, publication: State Constitution Art. 11 § 10
(Amendment 40).
35.22.070 Election on adoption of charter—Notice.
Within five days after the filing with the city clerk of affidavits of publication, which affidavits shall be filed immediately after the last publication, the legislative authority of the
city shall initiate the proceedings for the submission of the
proposed charter to the qualified voters of the city for their
adoption or rejection at either a general or special election. At
this election the first officers to serve under the provisions of
the proposed charter shall also be elected. In electing from
wards, the division into wards as specified in the proposed
charter shall govern; in all other respects the then existing
laws relating to such election shall govern. The notice shall
specify the objects for which the election is held, and shall be
given as required by law. [1965 ex.s. c 47 § 9; 1965 c 7 §
35.22.070. Prior: (i) 1890 p 216 § 3, part; RRS § 8953, part.
(ii) 1890 p 223 § 6, part; RRS § 8977, part.]
35.22.070
Election on adoption of charter, notice: State Constitution Art. 11 § 10
(Amendment 40).
35.22.055
*Reviser’s note: RCW 29.30.040 was recodified as RCW 29A.36.140
pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29A.36.140 was
subsequently repealed by 2004 c 271 § 193.
Severability—1974 ex.s. c 1: "If any provision of this 1974 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1974 ex.s. c 1 § 3.]
35.22.060 Submission of charter—Publication. The
board of freeholders shall convene within ten days after their
35.22.060
[Title 35 RCW—page 100]
35.22.080 Conduct of elections. The election of the
members of the board of freeholders and that upon the proposition of adopting or rejecting the proposed charter and the
officers to be elected thereunder, the returns of both elections,
the canvassing thereof and the declaration of the result shall
be governed by the laws regulating and controlling elections
in the city. [1965 c 7 § 35.22.080. Prior: (i) 1890 p 216 § 3,
part; RRS § 8953, part. (ii) 1890 p 223 § 6, part; RRS § 8977,
part. (iii) 1890 p 217 § 4, part; RRS § 8954, part.]
35.22.080
Elections: Title 29A RCW.
35.22.090 Form of ballot. The form of ballot in the
election for the adoption or rejection of the proposed charter
shall be: "For the proposed charter," "Against the proposed
charter." In submitting the proposed charter or amendments
thereto, any alternate article or proposition may be presented
for the choice of the voters and may be voted on separately
without prejudice to others. In submitting such amendment,
article or proposition, the form of the ballot shall be: "For
article No. . . . . of the charter," "Against article No. . . . . of
the charter." [1965 c 7 § 35.22.090. Prior: 1890 p 216 § 3,
part; RRS § 8953, part.]
35.22.090
35.22.100 Certificates of election to officers. If a
majority of the votes cast at the election upon the adoption of
the proposed charter favor it, certificates of election shall be
issued to each officer elected at that election. Within ten days
after the issuance of the certificates of election, the newly
elected officers shall qualify as provided in the charter, and
35.22.100
(2008 Ed.)
First-Class Cities
on the tenth day thereafter at twelve o’clock noon of that day,
the officers so elected and qualified shall enter upon the
duties of the offices to which they were elected and at such
time the charter shall be authenticated, recorded, attested and
go into effect. When so authenticated, recorded and attested,
the charter shall become the organic law of the city and
supersede any existing charter and amendments thereto and
all special laws inconsistent therewith. [1965 c 7 §
35.22.100. Prior: (i) 1890 p 223 § 6, part; RRS § 8977, part.
(ii) 1890 p 217 § 4, part; RRS § 8954, part.]
35.22.110 Authentication of charter. The authentication of the charter shall be by certificate of the mayor in substance as follows:
35.22.110
"I . . . . . ., mayor of the city of . . . . . . do hereby certify
that in accordance with the provisions of the Constitution and
statutes of the State of Washington, the city of . . . . . . caused
fifteen freeholders to be elected on the . . . . day of . . . . . .
19. . . to prepare a charter for the city; that due notice of that
election was given in the manner provided by law and that the
following persons were declared elected to prepare and propose a charter for the city, to wit: . . . . . . . . .
That thereafter on the . . . . day of . . . . . . 19. . . the board
of freeholders returned a proposed charter for the city of
. . . . . . signed by the following members thereof: . . . . . . . . .
That thereafter the proposed charter was published in
(Indicate name of newspaper in which published) for at least
once each week for four weeks next preceding the day of submitting the same to the electors for their approval. (Indicate
dates of publication)
That thereafter on the . . . . day of . . . . . . 19. . ., at an
election duly called and held, the proposed charter was submitted to the qualified electors thereof, and the returns canvassed resulting as follows: For the proposed charter, . . . .
votes; against the proposed charter, . . . . votes; majority for
the proposed charter, . . . . votes; whereupon the charter was
declared adopted by a majority of the qualified electors voting at the election.
I further certify that the foregoing is a full, true and complete copy of the proposed charter so voted upon and adopted
as aforesaid.
IN TESTIMONY WHEREOF, I hereunto set my hand
and affix the corporate seal of said city at my office this . . . .
day of . . . . . . 19. . .
Attest:
.....................
.....................
Mayor of the city of
Clerk of the city of . . . . . . (Corporate Seal)."
Immediately after authentication, the authenticated charter shall be recorded by the city clerk in a book provided for
that purpose known as the charter book of the city of . . . . . .
and when so recorded shall be attested by the clerk and mayor
under the corporate seal of the city. All amendments shall be
in like manner recorded and attested.
All courts shall take judicial notice of a charter and all
amendments thereto when recorded and attested as required
in this section. [1965 ex.s. c 47 § 10; 1965 c 7 § 35.22.110.
Prior: 1890 p 217 § 4, part; RRS § 8954, part.]
(2008 Ed.)
35.22.150
35.22.120 Petition for submission of charter amendment. On petition of a number (equal to fifteen percent of the
total number of votes cast at the last preceding general state
election) of qualified voters of any municipality having
adopted a charter under the laws of this state, asking the
adoption of a specified charter amendment, providing for any
matter within the realm of local affairs, or municipal business, the said amendment shall be submitted to the voters at
the next regular municipal election, occurring thirty days or
more after said petition is filed, and if approved by a majority
of the local electors of the municipality voting upon it, such
amendment shall become a part of the charter organic law
governing such municipality. [1965 c 7 § 35.22.120. Prior:
1949 c 233 § 1; 1903 c 186 § 1; Rem. Supp. 1949 § 8963.]
35.22.120
Times for holding elections: RCW 29A.04.311 through 29A.04.330.
35.22.130 Requisites of petition—Effect of favorable
vote. A petition containing the demand for the submission of
the proposed charter amendment or for an election to be held
for the purpose of electing a board of freeholders for the purpose of preparing a new charter for the city as provided in
RCW 35.22.140 shall be filed with the city clerk and each
signer shall write his place of residence after his signature.
This and RCW 35.22.120 do not deprive city councils of the
right to submit proposed charter amendments but affords a
concurrent and additional method of submission. [1967 c
123 § 2; 1965 c 7 § 35.22.130. Prior: (i) 1903 c 186 § 2; RRS
§ 8964. (ii) 1903 c 186 § 3; RRS § 8965.]
35.22.130
35.22.140 New or revised charter—Petition—Freeholders. On the petition of a number of registered voters of
a city equal to twenty-five percent of the total votes cast at the
last preceding city election, the city council of a charter city
shall, or without such petition may, cause an election to be
held for the purpose of electing a board of fifteen freeholders
for the purpose of preparing a new charter for the city by
altering, revising, adding to or repealing the existing charter
including all amendments thereto. The members of the board
of freeholders must be qualified electors and must have been
residents in the city for a period of at least two years prior to
their election. At such election the proposition of whether or
not a board of freeholders shall be created at all shall be separately stated on the ballots and unless a majority of the votes
cast upon that proposition favor it, no further steps shall be
taken in the proceedings. [1965 ex.s. c 47 § 11; 1965 c 7 §
35.22.140. Prior: 1945 c 55 1, part; 1925 ex.s. c 137 § 1, part;
1895 c 27 § 1, part; Rem. Supp. 1945 § 8955, part.]
35.22.140
Amendment of charter: State Constitution Art. 11 § 10 (Amendment 40).
35.22.150 Submission of new charter. Within ten days
after the results of the election have been determined, if a
majority of the votes cast favor the proceeding, the members
of the board of freeholders elected thereat shall convene and
prepare a new charter by altering, revising, adding to, or
repealing the existing charter including all amendments
thereto and within one year thereafter file it with the city
clerk. [1974 ex.s. c 1 § 2; 1965 c 7 § 35.22.150. Prior: 1945
c 55 § 1, part; 1925 ex.s. c 137 § 1, part; 1895 c 27 § 1, part;
Rem. Supp. 1945 § 8955, part.]
35.22.150
Severability—1974 ex.s. c 1: See note following RCW 35.22.055.
[Title 35 RCW—page 101]
35.22.160
Title 35 RCW: Cities and Towns
35.22.160 Election on adoption of new charter. Upon
the filing of the proposed new, altered, changed or revised
charter with the city clerk, it shall be submitted to the qualified voters of the city at an election to be called therefor pursuant to the provisions of law applicable to the holding of
elections in such city. [1965 c 7 § 35.22.160. Prior: 1925
ex.s. c 137 § 2, part; 1895 c 27 § 2, part; RRS § 8956, part.]
35.22.160
Times for holding elections: RCW 29A.04.311 through 29A.04.330.
35.22.170 Publication of proposed charter. The proposed new, altered or revised charter shall be published in the
newspaper having the largest general circulation within the
city at least once each week for four weeks next preceding the
day of submitting the same to the electors for their approval.
[1985 c 469 § 23; 1965 ex.s. c 47 § 12; 1965 c 7 § 35.22.170.
Prior: 1925 ex.s. c 137 § 3; 1895 c 27 § 3; RRS § 8957.]
35.22.170
Publication of amendments to charter: State Constitution Art. 11 § 10
(Amendment 40).
35.22.180 Conduct of elections. The election of the
board of freeholders and that upon the proposition of adopting the proposed new, altered or revised charter, may be general or special elections and except as herein provided, said
elections, the returns, the canvassing thereof and the declaration of the result shall be governed by the laws regulating and
controlling elections in the city. In both cases the notice specifying the object of the election must be given at least ten
days before the day of election. [1965 c 7 § 35.22.180. Prior:
(i) 1895 c 27 § 4; RRS § 8958. (ii) 1895 c 27 § 5; RRS §
8959.]
35.22.180
Election on amendment to charter: State Constitution Art. 11 § 10 (Amendment 40).
35.22.190 Effect of favorable vote. If a majority of the
voters voting upon the adoption of the proposed new, altered
or revised charter favor it, it shall become the charter of the
city and the organic law thereof, superseding any existing
charter. All bodies or offices abolished or dispensed with by
the new, altered or revised charter, together with the emoluments thereof shall immediately cease to exist, and any new
offices created shall be filled by appointment of the mayor
until the next general election subject to such approval by the
city council as may be required by the new, altered or revised
charter. [1965 c 7 § 35.22.190. Prior: (i) 1925 ex.s. c 137 §
2, part; 1895 c 27 § 2, part; RRS § 8956, part. (ii) 1895 c 27 §
6; RRS § 8962.]
35.22.190
Times for holding elections: RCW 29A.04.311 through 29A.04.330.
35.22.195 Powers of cities adopting charters. Any
city adopting a charter under Article XI, section 10 of the
Constitution of the state of Washington, as amended by
amendment 40, shall have all of the powers which are conferred upon incorporated cities and towns by Title 35 RCW,
or other laws of the state, and all such powers as are usually
exercised by municipal corporations of like character and
degree. [1965 ex.s. c 47 § 2. Formerly RCW 35.21.620.]
35.22.195
Legislative powers of charter city: RCW 35.22.200.
35.22.200 Legislative powers of charter city—Where
vested—Direct legislation. The legislative powers of a
35.22.200
[Title 35 RCW—page 102]
charter city shall be vested in a mayor and a city council, to
consist of such number of members and to have such powers
as may be provided for in its charter. The charter may provide
for direct legislation by the people through the initiative and
referendum upon any matter within the scope of the powers,
functions, or duties of the city. The mayor and council and
such other elective officers as may be provided for in such
charter shall be elected at such times and in such manner as
provided in *Title 29 RCW, and for such terms and shall perform such duties as may be prescribed in the charter, and
shall receive compensation in accordance with the process or
standards of a charter provision or ordinance which conforms
with RCW 35.21.015. [2001 c 73 § 2; 1965 ex.s. c 47 § 13;
1965 c 7 § 35.22.200. Prior: (i) 1890 p 223 § 6, part; RRS §
8977, part. (ii) 1927 c 52 § 1; 1911 c 17 § 2; RRS § 8949.]
*Reviser’s note: Title 29 RCW was repealed and/or recodified in its
entirety pursuant to 2003 c 111, effective July 1, 2004. See Title 29A RCW.
Findings—Intent—Severability—2001 c 73: See notes following
RCW 35.21.015.
Powers of cities adopting charters: RCW 35.22.195.
35.22.205 Compensation and hours of mayor and
elected officials. The compensation and the time to be
devoted to the performance of the duties of the mayor and
elected officials of all cities of the first class shall be as fixed
by ordinance of said city irrespective of any city charter provisions. [1965 c 7 § 35.22.205. Prior: 1957 c 113 § 1; 1955
c 354 § 1.]
35.22.205
35.22.210 Separate designation of councilmen in certain first-class cities. Any city of the first class having a
population less than one hundred thousand by the last federal
census and having a charter providing that each of its councilmen shall be the commissioner of an administrative department of such city, may by ordinance provide for the separate
designation of such councilmen as officers, in accordance
with such administrative departments, and for their filing for
and election to office under such separate designations.
[1965 c 7 § 35.22.210. Prior: 1925 ex.s. c 61 § 1; RRS §
8948-1.]
35.22.210
35.22.220 Repeal of separate designation. Whenever
any such city shall have passed such an ordinance providing
for such separate designations and for filing for and election
to office in accordance therewith, such city shall have no
power to repeal the same except by ordinance passed by the
council of such city and submitted to the voters thereof at a
general or special election and ratified by a majority of the
voters voting thereon. [1965 c 7 § 35.22.220. Prior: 1925
ex.s. c 61 § 2; RRS § 8948-2.]
35.22.220
Times for holding elections: RCW 29A.04.311 through 29A.04.330.
35.22.235 First-class mayor-council cities—Twelve
councilmembers. All regular elections in first-class cities
having a mayor-council form of government whose charters
provide for twelve councilmembers elected for a term of two
years, two being elected from each of six wards, and for the
election of a mayor, treasurer, and comptroller for terms of
two years, shall be held biennially as provided in RCW
29A.04.330. The term of each councilmember, mayor, trea35.22.235
(2008 Ed.)
First-Class Cities
surer, and comptroller shall be four years and until his or her
successor is elected and qualified and assumes office in
accordance with RCW 29A.20.040. The terms of the councilmembers shall be so staggered that six councilmembers
shall be elected to office at each regular election. [2003 c 111
§ 2301. Prior: 1981 c 213 § 3; 1979 ex.s. c 126 § 11; 1965 c
9 § 29.13.023; prior: 1963 c 200 § 2; 1957 c 168 § 1. Formerly RCW 29.13.023.]
Effective date—2003 c 111: See RCW 29A.04.903.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
35.22.245 First-class mayor-council cities—Seven
councilmembers. All regular elections in first-class cities
having a mayor-council form of government whose charters
provide for seven councilmembers, one to be elected from
each of six wards and one at large, for a term of two years,
and for the election of a mayor, comptroller, treasurer and
attorney for two year terms, shall be held biennially as provided in RCW 29A.04.330. The terms of the six councilmembers to be elected by wards shall be four years and
until their successors are elected and qualified and the term of
the councilmember to be elected at large shall be two years
and until their successors are elected and qualified. The
terms of the councilmembers shall be so staggered that three
ward councilmembers and the councilmember at large shall
be elected at each regular election. The term of the mayor,
attorney, treasurer, and comptroller shall be four years and
until their successors are elected and qualified and assume
office in accordance with RCW 29A.20.040. [2003 c 111 §
2302. Prior: 1981 c 213 § 4; 1979 ex.s. c 126 § 12; 1965 c 9
§ 29.13.024; prior: 1963 c 200 § 3; 1957 c 168 § 2. Formerly
RCW 29.13.024.]
35.22.245
Effective date—2003 c 111: See RCW 29A.04.903.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
35.22.280 Specific powers enumerated. Any city of
the first class shall have power:
(1) To provide for general and special elections, for
questions to be voted upon, and for the election of officers;
(2) To provide for levying and collecting taxes on real
and personal property for its corporate uses and purposes, and
to provide for the payment of the debts and expenses of the
corporation;
(3) To control the finances and property of the corporation, and to acquire, by purchase or otherwise, such lands and
other property as may be necessary for any part of the corporate uses provided for by its charter, and to dispose of any
such property as the interests of the corporation may, from
time to time, require;
(4) To borrow money for corporate purposes on the
credit of the corporation, and to issue negotiable bonds therefor, on such conditions and in such manner as shall be prescribed in its charter; but no city shall, in any manner or for
any purpose, become indebted to an amount in the aggregate
to exceed the limitation of indebtedness prescribed by chapter 39.36 RCW as now or hereafter amended;
(5) To issue bonds in place of or to supply means to meet
maturing bonds or other indebtedness, or for the consolidation or funding of the same;
35.22.280
(2008 Ed.)
35.22.280
(6) To purchase or appropriate private property within or
without its corporate limits, for its corporate uses, upon making just compensation to the owners thereof, and to institute
and maintain such proceedings as may be authorized by the
general laws of the state for the appropriation of private property for public use;
(7) To lay out, establish, open, alter, widen, extend,
grade, pave, plank, establish grades, or otherwise improve
streets, alleys, avenues, sidewalks, wharves, parks, and other
public grounds, and to regulate and control the use thereof,
and to vacate the same, and to authorize or prohibit the use of
electricity at, in, or upon any of said streets, or for other purposes, and to prescribe the terms and conditions upon which
the same may be so used, and to regulate the use thereof;
(8) To change the grade of any street, highway, or alley
within its corporate limits, and to provide for the payment of
damages to any abutting owner or owners who shall have
built or made other improvements upon such street, highway,
or alley at any point opposite to the point where such change
shall be made with reference to the grade of such street, highway, or alley as the same existed prior to such change;
(9) To authorize or prohibit the locating and constructing
of any railroad or street railroad in any street, alley, or public
place in such city, and to prescribe the terms and conditions
upon which any such railroad or street railroad shall be
located or constructed; to provide for the alteration, change of
grade, or removal thereof; to regulate the moving and operation of railroad and street railroad trains, cars, and locomotives within the corporate limits of said city; and to provide
by ordinance for the protection of all persons and property
against injury in the use of such railroads or street railroads;
(10) To provide for making local improvements, and to
levy and collect special assessments on property benefited
thereby, and for paying for the same or any portion thereof;
(11) To acquire, by purchase or otherwise, lands for public parks within or without the limits of such city, and to
improve the same. When the language of any instrument by
which any property is so acquired limits the use of said property to park purposes and contains a reservation of interest in
favor of the grantor or any other person, and where it is found
that the property so acquired is not needed for park purposes
and that an exchange thereof for other property to be dedicated for park purposes is in the public interest, the city may,
with the consent of the grantor or such other person, his heirs,
successors, or assigns, exchange such property for other
property to be dedicated for park purposes, and may make,
execute, and deliver proper conveyances to effect the
exchange. In any case where, owing to death or lapse of time,
there is neither donor, heir, successor, or assignee to give
consent, this consent may be executed by the city and filed
for record with an affidavit setting forth all efforts made to
locate people entitled to give such consent together with the
facts which establish that no consent by such persons is
attainable. Title to property so conveyed by the city shall vest
in the grantee free and clear of any trust in favor of the public
arising out of any prior dedication for park purposes, but the
right of the public shall be transferred and preserved with like
force and effect to the property received by the city in such
exchange;
(12) To construct and keep in repair bridges, viaducts,
and tunnels, and to regulate the use thereof;
[Title 35 RCW—page 103]
35.22.280
Title 35 RCW: Cities and Towns
(13) To determine what work shall be done or improvements made at the expense, in whole or in part, of the owners
of the adjoining contiguous, or proximate property, or others
specially benefited thereby; and to provide for the manner of
making and collecting assessments therefor;
(14) To provide for erecting, purchasing, or otherwise
acquiring waterworks, within or without the corporate limits
of said city, to supply said city and its inhabitants with water,
or authorize the construction of same by others when deemed
for the best interests of such city and its inhabitants, and to
regulate and control the use and price of the water so supplied;
(15) To provide for lighting the streets and all public
places, and for furnishing the inhabitants thereof with gas or
other lights, and to erect, or otherwise acquire, and to maintain the same, or to authorize the erection and maintenance of
such works as may be necessary and convenient therefor, and
to regulate and control the use thereof;
(16) To establish and regulate markets, and to provide
for the weighing, measuring, and inspection of all articles of
food and drink offered for sale thereat, or at any other place
within its limits, by proper penalties, and to enforce the keeping of proper legal weights and measures by all vendors in
such city, and to provide for the inspection thereof. Whenever the words "public markets" are used in this chapter, and
the public market is managed in whole or in part by a public
corporation created by a city, the words shall be construed to
include all real or personal property located in a district or
area designated by a city as a public market and traditionally
devoted to providing farmers, crafts vendors and other merchants with retail space to market their wares to the public.
Property located in such a district or area need not be exclusively or primarily used for such traditional public market
retail activities and may include property used for other public purposes including, but not limited to, the provision of
human services and low-income or moderate-income housing;
(17) To erect and establish hospitals and pesthouses, and
to control and regulate the same;
(18) To provide for establishing and maintaining reform
schools for juvenile offenders;
(19) To provide for the establishment and maintenance
of public libraries, and to appropriate, annually, such percent
of all moneys collected for fines, penalties, and licenses as
shall be prescribed by its charter, for the support of a city
library, which shall, under such regulations as shall be prescribed by ordinance, be open for use by the public;
(20) To regulate the burial of the dead, and to establish
and regulate cemeteries within or without the corporate limits, and to acquire land therefor by purchase or otherwise; to
cause cemeteries to be removed beyond the limits of the corporation, and to prohibit their establishment within two miles
of the boundaries thereof;
(21) To direct the location and construction of all buildings in which any trade or occupation offensive to the senses
or deleterious to public health or safety shall be carried on,
and to regulate the management thereof; and to prohibit the
erection or maintenance of such buildings or structures, or the
carrying on of such trade or occupation within the limits of
such corporation, or within the distance of two miles beyond
the boundaries thereof;
[Title 35 RCW—page 104]
(22) To provide for the prevention and extinguishment of
fires and to regulate or prohibit the transportation, keeping, or
storage of all combustible or explosive materials within its
corporate limits, and to regulate and restrain the use of fireworks;
(23) To establish fire limits and to make all such regulations for the erection and maintenance of buildings or other
structures within its corporate limits as the safety of persons
or property may require, and to cause all such buildings and
places as may from any cause be in a dangerous state to be
put in safe condition;
(24) To regulate the manner in which stone, brick, and
other buildings, party walls, and partition fences shall be constructed and maintained;
(25) To deepen, widen, dock, cover, wall, alter, or
change the channels of waterways and courses, and to provide for the construction and maintenance of all such works
as may be required for the accommodation of commerce,
including canals, slips, public landing places, wharves,
docks, and levees, and to control and regulate the use thereof;
(26) To control, regulate, or prohibit the anchorage,
moorage, and landing of all watercrafts and their cargoes
within the jurisdiction of the corporation;
(27) To fix the rates of wharfage and dockage, and to
provide for the collection thereof, and to provide for the
imposition and collection of such harbor fees as may be consistent with the laws of the United States;
(28) To license, regulate, control, or restrain wharf boats,
tugs, and other boats used about the harbor or within such
jurisdiction;
(29) To require the owners of public halls or other buildings to provide suitable means of exit; to provide for the prevention and abatement of nuisances, for the cleaning and
purification of watercourses and canals, for the drainage and
filling up of ponds on private property within its limits, when
the same shall be offensive to the senses or dangerous to
health; to regulate and control, and to prevent and punish, the
defilement or pollution of all streams running through or into
its corporate limits, and for the distance of five miles beyond
its corporate limits, and on any stream or lake from which the
water supply of said city is taken, for a distance of five miles
beyond its source of supply; to provide for the cleaning of
areas, vaults, and other places within its corporate limits
which may be so kept as to become offensive to the senses or
dangerous to health, and to make all such quarantine or other
regulations as may be necessary for the preservation of the
public health, and to remove all persons afflicted with any
infectious or contagious disease to some suitable place to be
provided for that purpose;
(30) To declare what shall be a nuisance, and to abate the
same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist;
(31) To regulate the selling or giving away of intoxicating, malt, vinous, mixed, or fermented liquors as authorized
by the general laws of the state: PROVIDED, That no license
shall be granted to any person or persons who shall not first
comply with the general laws of the state in force at the time
the same is granted;
(32) To grant licenses for any lawful purpose, and to fix
by ordinance the amount to be paid therefor, and to provide
for revoking the same. However, no license shall be granted
(2008 Ed.)
First-Class Cities
to continue for longer than one year from the date thereof. A
city may not require a business to be licensed based solely
upon registration under or compliance with the streamlined
sales and use tax agreement;
(33) To regulate the carrying on within its corporate limits of all occupations which are of such a nature as to affect
the public health or the good order of said city, or to disturb
the public peace, and which are not prohibited by law, and to
provide for the punishment of all persons violating such regulations, and of all persons who knowingly permit the same
to be violated in any building or upon any premises owned or
controlled by them;
(34) To restrain and provide for the punishment of
vagrants, mendicants, prostitutes, and other disorderly persons;
(35) To provide for the punishment of all disorderly conduct, and of all practices dangerous to public health or safety,
and to make all regulations necessary for the preservation of
public morality, health, peace, and good order within its limits, and to provide for the arrest, trial, and punishment of all
persons charged with violating any of the ordinances of said
city. The punishment shall not exceed a fine of five thousand
dollars or imprisonment in the city jail for one year, or both
such fine and imprisonment. The punishment for any criminal ordinance shall be the same as the punishment provided in
state law for the same crime. Such cities alternatively may
provide that violations of ordinances constitute a civil violation subject to monetary penalties, but no act which is a state
crime may be made a civil violation;
(36) To project or extend its streets over and across any
tidelands within its corporate limits, and along or across the
harbor areas of such city, in such manner as will best promote
the interests of commerce;
(37) To provide in their respective charters for a method
to propose and adopt amendments thereto. [2008 c 129 § 1;
1993 c 83 § 4; 1990 c 189 § 3; 1986 c 278 § 3; 1984 c 258 §
802; 1977 ex.s. c 316 § 20; 1971 ex.s. c 16 § 1; 1965 ex.s. c
116 § 2; 1965 c 7 § 35.22.280. Prior: 1890 p 218 § 5; RRS §
8966.]
Effective date—1993 c 83: See note following RCW 35.21.163.
Severability—1986 c 278: See note following RCW 36.01.010.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Severability—1977 ex.s. c 316: See note following RCW 70.48.020.
35.22.300
35.22.287 Hydroelectric resources—Separate legal
authority—Creation by irrigation districts and cities,
towns, or public utility districts. See RCW 87.03.825
through 87.03.840.
35.22.287
35.22.288 Publication of ordinances or summary—
Public notice of hearings and meeting agendas. Promptly
after adoption, the text of each ordinance or a summary of the
content of each ordinance shall be published at least once in
the official newspaper of the city. For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. Publication of the title of an ordinance authorizing the issuance of
bonds, notes, or other evidences of indebtedness shall constitute publication of a summary of that ordinance. When the
city publishes a summary, the publication shall include a
statement that the full text of the ordinance will be mailed
upon request.
An inadvertent mistake or omission in publishing the
text or a summary of the content of an ordinance shall not
render the ordinance invalid.
In addition to the requirement that a city publish the text
or a summary of the content of each adopted ordinance, every
city shall establish a procedure for notifying the public of
upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but
not be limited to, written notification to the city’s official
newspaper, publication of a notice in the official newspaper,
posting of upcoming council meeting agendas, or such other
processes as the city determines will satisfy the intent of this
requirement. [1994 c 273 § 7; 1988 c 168 § 1; 1985 c 469 §
100.]
35.22.288
35.22.290 Additional powers—Auditoriums, art
museums. Every city of the first class may lease, purchase,
or construct, and maintain public auditoriums and art museums and may use and let them for such public and private
purposes for such compensation and rental and upon such
conditions as shall be prescribed by ordinance; it may issue
negotiable bonds for the purchase and construction thereof on
such conditions and in such manner as shall be prescribed by
its charter and by general law for the borrowing of money for
corporate purposes. [1965 c 7 § 35.22.290. Prior: 1925 ex.s.
c 81 § 1; 1923 c 179 § 1; RRS § 8981-2.]
35.22.290
35.22.300 Leasing of land for auditoriums, etc. If a
city of the first class has acquired title to land for public auditoriums or art museums, it may let it or any part thereof,
together with the structures and improvements constructed or
to be constructed thereon for such term as may be deemed
proper and may raise the needed funds for financing the
project, in whole or in part, by transferring or pledging the
use and income thereof in such manner as the corporate
authorities deem proper.
Any lessee under any such lease may mortgage the leasehold interest and may issue bonds to be secured by the mortgage and may pledge the rent and income of the property to
accrue during the term of the lease or any part thereof for the
due financing of the project: PROVIDED, That the corporate
authorities may specify in any such lease such provisions and
35.22.300
35.22.282 City and town license fees and taxes on
financial institutions. See chapter 82.14A RCW.
35.22.282
35.22.283 City license fees or taxes on certain business activities to be at a single uniform rate. See RCW
35.21.710.
35.22.283
35.22.284 Association of sheriffs and police chiefs.
See chapter 36.28A RCW.
35.22.284
35.22.285 Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility. See chapter 80.58 RCW.
35.22.285
(2008 Ed.)
[Title 35 RCW—page 105]
35.22.302
Title 35 RCW: Cities and Towns
restrictions relating thereto as they shall deem proper. [1965
c 7 § 35.22.300. Prior: 1925 c 12 § 1; RRS § 8981-3.]
35.22.302
35.22.302 Conveyance or lease of space above real
property or structures or improvements. The legislative
authority of every city of the first and second class owning
real property, not limited by dedication or trust to a particular
public use, may convey or lease for public or private use any
estate, right or interest in the areas above the surface of the
ground of such real property or structures or improvements
thereon: PROVIDED, That the estate, right or interest so created and conveyed and the use authorized in connection
therewith will not in the judgment of said legislative authority be needed for or be inconsistent with the public purposes
for which such property was acquired, is being used, or to
which it is to be devoted: PROVIDED FURTHER, That the
legislative authority may impose conditions and restrictions
on the use to be made of the estate, right or interest conveyed
or leased, in the same manner and to the same extent as may
be done by any vendor or lessor of real estate.
No conveyance or lease authorized by this section shall
permit, authorize or suffer the lessee or grantee to encumber
that portion of the real estate devoted to or needed for public
purposes. [1967 ex.s. c 99 § 1.]
35.22.305
35.22.305 Department for administration, etc., of
property incident to civic center—Creation authorized—
Supervision—Authority. The legislative authority of any
city of the first class of more than four hundred thousand population shall have, notwithstanding any charter or statutory
provision to the contrary, authority by ordinance to create a
separate department of municipal government for the administration, management and control of any multiple use city
property, including improvements thereon, devoted to educational, cultural, recreational, entertainment, athletic, convention and such other uses as shall be declared by ordinance to
be incident to a civic center. The supervision of said department shall be by a manager, board or commission to be
appointed in the manner, receive such compensation and perform such duties as may be prescribed by ordinance which
may include authority to enter into leases, concessions and
other agreements on behalf of the city, appoint and remove
employees subject to applicable civil service provisions,
advertise events and publicize and otherwise promote the use
of such civic center facilities, and operate, manage and control municipal off-street parking and public transportation
facilities heretofore or hereafter erected primarily to serve
such civic center. All expenditures, purchases and improvements made or performed by or under the direction of said
department shall be subject to applicable charter provisions
and statutes. [1965 c 132 § 1.]
35.22.310
35.22.310 Cesspools, filling of—Removal of debris,
etc. Every city of the first class is empowered to provide for
the filling and closing of cesspools and for the removing of
garbage, debris, grass, weeds, and brush on property in the
city. [1965 c 7 § 35.22.310. Prior: 1907 c 89 § 1; RRS §
8972.]
[Title 35 RCW—page 106]
35.22.320 Collection of cost of filling cesspools, etc.
Every city of the first class by general ordinance may prescribe the mode and manner of assessing, levying and collecting assessments upon property for filling and closing cesspools thereon and removing garbage, debris, grass, weeds,
and brush and provide that the charges therefor shall be a lien
on the property upon which such work is done and collected
in such manner as is prescribed in the ordinance. [1965 c 7 §
35.22.320. Prior: 1907 c 89 § 2; RRS § 8973.]
35.22.320
35.22.330 Radio communication. Every city of the
first class maintaining a harbor department may install, maintain, and operate in connection therewith wireless telegraph
stations for the handling of official and commercial messages
and for communicating with wireless land and shore stations
under such regulations as the corporate authorities may prescribe and in accordance with the statutes and regulations of
the federal government. [1965 c 7 § 35.22.330. Prior: 1923
c 92 § 1; RRS § 8981-1.]
35.22.330
35.22.340 Streets—Railroad franchises in, along,
over, and across. Every city of the first class may by ordinance authorize the location, construction, and operation of
railroads in, along, over, and across any highway, street,
alley, or public place in the city for such term of years and
upon such conditions as the city council may by ordinance
prescribe notwithstanding any provisions of the city charter
limiting the length of terms of franchises or requiring franchises to contain a provision granting the city the right to
appropriate by purchase the property of any corporation
receiving a franchise, license, privilege, or authority: PROVIDED, That this does not apply to street railroads nor to
railroads operated in connection with street railroads in and
along the streets of such city. [1965 c 7 § 35.22.340. Prior:
1907 c 41 § 1; RRS § 8971.]
35.22.340
35.22.350 Utilities—Collective bargaining with
employees. Every city of the first class which owns and
operates a waterworks system, a light and power system, a
street railway or other public utility, shall have power,
through its proper officers, to deal with and to enter into contracts for periods not exceeding one year with its employees
engaged in the construction, maintenance, or operation
thereof through the accredited representatives of the employees including any labor organization or organizations authorized to act for them concerning wages, hours and conditions
of labor in such employment, and every city having not less
than one hundred forty thousand nor more than one hundred
and seventy thousand population is empowered and authorized to immediately place in effect any adjustment or change
in such wages, hours and conditions of labor of such employees as may be required to conform to the provisions of any
such contract, irrespective of the provisions of any annual
budget or act relating thereto: PROVIDED, That not more
than one such contract not in conformity with any annual
budget shall be made during any budget year, nor shall any
such adjustment or change be made which would result in an
excess of expenditures over revenues of such public utility.
[1965 c 7 § 35.22.350. Prior: 1955 c 145 § 1; 1951 c 21 § 1;
1935 c 37 § 1; RRS § 8966-5.]
35.22.350
(2008 Ed.)
First-Class Cities
Labor regulations: Title 49 RCW.
35.22.360 Utilities—Wage adjustments. Notwithstanding any annual budget or statute relating thereto, any
city of the first class owning and operating a public utility, or
the city’s public utility department, may make an adjustment
or change of the rate of daily wages of employees of any such
public utility if such adjustment or change is accompanied by
or is approximately coincidental with a shortening of the
work week of the employees and if the adjustment or change
will not result in any increase in pay per week, or excess of
expenditures of the public utility over its revenues. [1965 c 7
§ 35.22.360. Prior: 1937 c 16 § 1; RRS § 9000-22a.]
35.22.360
35.22.362 Nuclear thermal power facilities—Joint
development with public utility districts and electrical
companies. See chapter 54.44 RCW.
35.22.362
35.22.365 Public transportation systems in municipalities—Financing. See chapter 35.95 RCW.
35.22.365
35.22.370 Wards—Division of city. Notwithstanding
that the charter of a city of the first class may forbid the city
council from redividing the city into wards except at stated
periods, if the city has failed to redivide the city into wards
during any such period, the city council by ordinance may do
so at any time thereafter: PROVIDED, That there shall not
be more than one redivision into wards during any one period
specified in the charter. [1965 c 7 § 35.22.370. Prior: 1903 c
141 § 1; RRS § 8970.]
35.22.370
35.22.410 Wharves—City may let wharves or privileges thereon. Every city of the first class may let the whole
or any part of a wharf, or the privileges thereon owned by the
city, for periods not to exceed one year in such manner, and
upon such terms, as may be prescribed by a general ordinance. [1965 c 7 § 35.22.410. Prior: 1911 c 67 § 1; RRS §
8967.]
35.22.410
35.22.415 Municipal airport located in unincorporated area—Subject to county comprehensive plan and
zoning ordinances. Whenever a first-class city owns and
operates a municipal airport which is located in an unincorporated area of a county, the airport shall be subject to the
county’s comprehensive plan and zoning ordinances in the
same manner as if the airport were privately owned and operated. [1979 ex.s. c 124 § 10.]
35.22.415
Severability—1979 ex.s. c 124: See note following RCW 35A.14.015.
35.22.425 Criminal code repeals by city operating
municipal court—Agreement covering costs of handling
resulting criminal cases—Arbitration. A city of the first
class operating a municipal court may not repeal in its
entirety that portion of its municipal code defining crimes or
repeal a provision of its municipal code which defines a
crime equivalent to an offense listed in RCW 46.63.020
unless the municipality has reached an agreement with the
appropriate county under chapter 39.34 RCW under which
the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in crimi-
35.22.590
nal cases filed in district court as a result of the repeal. The
agreement shall include provisions for periodic review and
renewal of the terms of the agreement. If the municipality
and the county are unable to agree on the terms for renewal of
the agreement, they shall be deemed to have entered into an
agreement to submit the issue to arbitration under chapter
7.04A RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The
municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to
submit to arbitration under chapter 7.04A RCW. [2005 c 433
§ 38; 1984 c 258 § 204.]
Application—Captions not law—Savings—Effective date—2005 c
433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
35.22.570 Omnibus grant of powers to first-class cities. Any city adopting a charter under the provisions of this
chapter shall have all the powers which are conferred upon
incorporated cities and towns by this title or other laws of the
state, and all such powers as are usually exercised by municipal corporations of like character and degree. [1965 c 7 §
35.22.570. Prior: 1890 p 224 § 7; RRS § 8981.]
35.22.570
35.22.580 Diversion of local improvement moneys
prohibited—Refund of excess. Whenever any city of the
first class shall levy and collect moneys by sale of bonds or
otherwise for any local improvement by special assessment
therefor, the same shall be carried in a special fund to be used
for said purpose, and no part thereof shall be transferred or
diverted to any other fund or use: PROVIDED, That any
funds remaining after the payment of the whole cost and
expense of such improvement, in excess of the total sum
required to defray all the expenditures by the city on account
thereof, shall be refunded on demand to the amount of such
overpayment: PROVIDED FURTHER, That this section
shall not be deemed to require the refunding of any balance in
any local improvement fund after the payment of all outstanding obligations issued against such fund, where such
balance accrues from any saving in interest or from penalties
collected upon delinquent assessments, but any such balance
may be turned into the general fund or otherwise disposed of,
as the legislative authority of such city may direct by ordinance. The provisions of this section relating to the refund of
excess local improvement district funds shall not apply to any
district whose obligations are guaranteed by the local
improvement guaranty fund. [1965 c 7 § 35.22.580. Prior:
1917 c 58 § 1; 1915 c 17 § 1; RRS § 8983. Formerly RCW
35.45.100.]
35.22.580
35.22.425
(2008 Ed.)
35.22.590 Bonds voted by people—Transfer of excess
to redemption fund. (1) Whenever the issuance or sale of
bonds or other obligations of any city of the first class has
been authorized by vote of the people, as provided by any
existing charter or laws, for any special improvement or purpose, the proceeds of the sale of such bonds including premiums if any shall be carried in a special fund to be devoted to
the purpose for which such bonds were authorized, and no
portion of such bonds shall be transferred or diverted to any
other fund or purpose: PROVIDED, That nothing herein
35.22.590
[Title 35 RCW—page 107]
35.22.600
Title 35 RCW: Cities and Towns
shall be held to prevent the transfer to the interest and
redemption fund of any balance remaining in the treasury
after the completion of such improvement or purpose so
authorized: PROVIDED FURTHER, That nothing herein
shall prevent the city council from disposing of such bonds,
or any portion thereof, in such amounts and at such times as
it shall direct, but no such bonds shall be sold for less than
par. Such bonds may be in any form, including bearer bonds
or registered bonds as provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 35; 1965 c 7 § 35.22.590. Prior:
1915 c 17 § 2; RRS § 8984. Formerly RCW 35.45.110.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Elections: Title 29A RCW.
35.22.600 Liability for violations of RCW 35.22.580
or 35.22.590. Any ordinance, resolution, order or other
action of any city council, board or officer, and every city
warrant or other instrument in writing made in violation of
any of the provisions of RCW 35.22.580 or 35.22.590 shall
be void, and every officer, agent or employee of any such
city, or member of the city council, or other board thereof,
and every private person or corporation who knowingly commits any violation thereof or knowingly aids in such violation, shall be liable to the city concerned for all moneys so
transferred, diverted or paid out, which liability shall also
attach to and be enforceable against the official bond (if any)
of any such officer, agent, employee, member of city council
or board. [1965 c 7 § 35.22.600. Prior: 1915 c 17 § 3; RRS
§ 8985. Formerly RCW 35.45.120.]
35.22.600
35.22.610 Police officers—Appointment without
regard to residence authorized. Notwithstanding the provisions of RCW 35.21.200, as now or hereafter amended, all
cities of the first class shall have the right and authority to
appoint and employ a person as a regular or special police
officer of said city regardless of his place of residence or
domicile at the date of his appointment.
This provision shall supersede any provision of any city
charter to the contrary. [1967 ex.s. c 37 § 1.]
35.22.610
Residence requirements for appointive city officials and employees: RCW
35.21.200.
35.22.620 Public works or improvements—Limitations on work by public employees—Small works roster—Purchase of reused or recycled materials or products. (1) As used in this section, the term "public works"
means as defined in RCW 39.04.010.
(2) A first-class city may have public works performed
by contract pursuant to public notice and call for competitive
bids. As limited by subsection (3) of this section, a first-class
city may have public works performed by city employees in
any annual or biennial budget period equal to a dollar value
not exceeding ten percent of the public works construction
budget, including any amount in a supplemental public works
construction budget, over the budget period. The amount of
public works that a first-class city has a county perform for it
under RCW 35.77.020 shall be included within this ten percent limitation.
35.22.620
[Title 35 RCW—page 108]
If a first-class city has public works performed by public
employees in any budget period that are in excess of this ten
percent limitation, the amount in excess of the permitted
amount shall be reduced from the otherwise permitted
amount of public works that may be performed by public
employees for that city in its next budget period. Twenty percent of the motor vehicle fuel tax distributions to that city
shall be withheld if two years after the year in which the
excess amount of work occurred, the city has failed to so
reduce the amount of public works that it has performed by
public employees. The amount so withheld shall be distributed to the city when it has demonstrated in its reports to the
state auditor that the amount of public works it has performed
by public employees has been so reduced.
Whenever a first-class city has had public works performed in any budget period up to the maximum permitted
amount for that budget period, all remaining public works
within that budget period shall be done by contract pursuant
to public notice and call for competitive bids.
The state auditor shall report to the state treasurer any
first-class city that exceeds this amount and the extent to
which the city has or has not reduced the amount of public
works it has performed by public employees in subsequent
years.
(3) In addition to the percentage limitation provided in
subsection (2) of this section, a first-class city with a population in excess of one hundred fifty thousand shall not have
public employees perform a public works project in excess of
seventy thousand dollars, or ninety thousand dollars after
January 1, 2010, if more than a single craft or trade is
involved with the public works project, or a public works
project in excess of thirty-five thousand dollars, or forty-five
thousand dollars after January 1, 2010, if only a single craft
or trade is involved with the public works project or the public works project is street signalization or street lighting. In
addition to the percentage limitation provided in subsection
(2) of this section, a first-class city with a population of one
hundred fifty thousand or less shall not have public employees perform a public works project in excess of fifty thousand
dollars, or sixty-five thousand dollars after January 1, 2010, if
more than one craft or trade is involved with the public works
project, or a public works project in excess of thirty thousand
dollars, or forty thousand dollars after January 1, 2010, if
only a single craft or trade is involved with the public works
project or the public works project is street signalization or
street lighting. A public works project means a complete
project. The restrictions in this subsection do not permit the
division of the project into units of work or classes of work to
avoid the restriction on work that may be performed by day
labor on a single project.
(4) In addition to the accounting and record-keeping
requirements contained in RCW 39.04.070, every first-class
city annually shall prepare a report for the state auditor indicating the total public works construction budget and supplemental public works construction budget for that year, the
total construction costs of public works performed by public
employees for that year, and the amount of public works that
is performed by public employees above or below ten percent
of the total construction budget. However, if a city budgets on
a biennial basis, this annual report shall indicate the amount
of public works that is performed by public employees within
(2008 Ed.)
First-Class Cities
the current biennial period that is above or below ten percent
of the total biennial construction budget.
Each first-class city with a population of one hundred
fifty thousand or less shall use the form required by RCW
43.09.205 to account and record costs of public works in
excess of five thousand dollars that are not let by contract.
(5) The cost of a separate public works project shall be
the costs of materials, supplies, equipment, and labor on the
construction of that project. The value of the public works
budget shall be the value of all the separate public works
projects within the budget.
(6) The competitive bidding requirements of this section
may be waived by the city legislative authority pursuant to
RCW 39.04.280 if an exemption contained within that section applies to the work or contract.
(7) In lieu of the procedures of subsections (2) and (6) of
this section, a first-class city may let contracts using the small
works roster process in RCW 39.04.155.
Whenever possible, the city shall invite at least one proposal from a minority or woman contractor who shall otherwise qualify under this section.
(8) The allocation of public works projects to be performed by city employees shall not be subject to a collective
bargaining agreement.
(9) This section does not apply to performance-based
contracts, as defined in RCW 39.35A.020(4), that are negotiated under chapter 39.35A RCW.
(10) Nothing in this section shall prohibit any first-class
city from allowing for preferential purchase of products made
from recycled materials or products that may be recycled or
reused. [2002 c 94 § 1; 2000 c 138 § 203; 1998 c 278 § 2;
1993 c 198 § 9; 1989 c 431 § 59; 1987 c 120 § 1. Prior: 1985
c 219 § 1; 1985 c 169 § 6; 1979 ex.s. c 89 § 1; 1975 1st ex.s.
c 56 § 1.]
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Severability—1989 c 431: See RCW 70.95.901.
Competitive bidding violations by municipal officer, penalties: RCW
39.30.020.
Subcontractors to be identified by bidder, when: RCW 39.30.060.
35.22.625 Public works or improvements—Inapplicability of RCW 35.22.620 to certain agreements relating
to water pollution control, solid waste handling facilities.
RCW 35.22.620 does not apply to the selection of persons or
entities to construct or develop water pollution control facilities or to provide water pollution control services under RCW
70.150.040 or the selection of persons or entities to construct
or develop solid waste handling facilities or to provide solid
waste handling services under RCW 35.21.156. [1989 c 399
§ 4; 1987 c 436 § 8.]
35.22.625
35.22.630 Public works or improvements—Cost
amounts—How determined. The cost of any public work
or improvement for the purposes of RCW 35.22.620 and
35.22.640 shall be the aggregate of all amounts to be paid for
labor, material, and equipment on one continuous or interrelated project where work is to be performed simultaneously
or in close sequence: PROVIDED, That the cost of water services and metering equipment furnished by any first-class
city in the course of a water service installation from the util35.22.630
(2008 Ed.)
35.22.650
ity-owned main to and including the meter box assembly
shall not be included as part of the aggregate cost as provided
herein. The breaking down of any public work or improvement into units or accomplishing any public work or
improvement by phases for the purpose of avoiding the minimum dollar amount prescribed in RCW 35.22.620 is contrary to public policy and is prohibited. [1975 1st ex.s. c 56 §
2.]
35.22.635 Public works or improvements—Low bidder claiming error—Prohibition on later bid for same
project. A low bidder who claims error and fails to enter into
a contract with a city for a public works project is prohibited
from bidding on the same project if a second or subsequent
call for bids is made for the project. [1996 c 18 § 1.]
35.22.635
35.22.640 Public works or improvements—Electrical
distribution and generating systems—Customer may
contract with qualified electrical contractor. Cities of the
first class are relieved from complying with the provisions of
RCW 35.22.620 with respect to any public work or improvement relating solely to electrical distribution and generating
systems on public rights-of-way or on municipally owned
property: PROVIDED, That if a city-owned electrical utility
directly assesses its customers a service installation charge
for a temporary service, permanent service, or expanded service, the customer may, with the written approval of the cityowned electric utility, contract with a qualified electrical contractor licensed under chapter 19.28 RCW to install any
material or equipment in lieu of having city utility personnel
perform the installation. In the event the city-owned electric
utility denies the customer’s request to utilize a private electrical contractor for such installation work, it shall provide
the customer with written reasons for such denial: PROVIDED FURTHER, That nothing herein shall prevent any
first-class city from operating a solid waste department utilizing its own personnel.
If a customer elects to employ a private electrical contractor as provided in this section, the private electrical contractor shall be solely responsible for any damages resulting
from the installation of any temporary service, permanent
service, or expanded service and the city-owned electrical
utility shall be immune from any tortious conduct actions as
to that installation. [1983 c 217 § 1; 1975 1st ex.s. c 56 § 3.]
35.22.640
35.22.650 Public works or improvements—Minority
business, employees—Contract, contents. All contracts by
and between a first-class city and contractors for any public
work or improvement exceeding the sum of ten thousand dollars, or fifteen thousand dollars for construction of water
mains, shall contain the following clause:
"Contractor agrees that the contractor shall actively
solicit the employment of minority group members. Contractor further agrees that the contractor shall actively solicit bids
for the subcontracting of goods or services from qualified
minority businesses. Contractor shall furnish evidence of the
contractor’s compliance with these requirements of minority
employment and solicitation. Contractor further agrees to
consider the grant of subcontracts to said minority bidders on
the basis of substantially equal proposals in the light most
35.22.650
[Title 35 RCW—page 109]
35.22.660
Title 35 RCW: Cities and Towns
favorable to said minority businesses. The contractor shall be
required to submit evidence of compliance with this section
as part of the bid."
As used in this section, the term "minority business"
means a business at least fifty-one percent of which is owned
by minority group members. Minority group members
include, but are not limited to, blacks, women, native Americans, Asians, Eskimos, Aleuts, and Hispanics. [2002 c 307 §
3; 1975 1st ex.s. c 56 § 4.]
Effective date—2002 c 307: See note following RCW 1.20.130.
35.22.660 Child care facilities—Review of need and
demand—Adoption of ordinances. If a first-class city
zones pursuant to its inherent charter authority and not pursuant to chapter 35.63 RCW, and does not provide for the siting
of family day care homes in zones or areas that are designated
for single family or other residential uses, and for the siting of
mini-day care centers and day care centers in zones or areas
that are designated for any residential or commercial uses, the
city shall conduct a review of the need and demand for child
care facilities, including the cost of any conditional or special
use permit that may be required. The review shall be completed by August 30, 1990. A copy of the findings, conclusions, and recommendations resulting from the review shall
be sent to the *department of community development by
September 30, 1990.
On or before June 30, 1991, each municipality that plans
and zones under this chapter shall have adopted an ordinance
or ordinances that are necessary to implement the findings of
this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not
adopted. [1989 c 335 § 7.]
35.22.660
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic development were transferred to the department of community, trade, and economic
development by 1993 c 280, effective July 1, 1994.
Findings—Purpose—Severability—1989 c 335: See notes following
RCW 35.63.170.
Definitions for RCW 35.22.660: See RCW 35.63.170.
35.22.680 Residential care facilities—Review of need
and demand—Adoption of ordinances. If a first-class city
zones pursuant to its inherent charter authority and not pursuant to chapter 35.63 RCW, and does not provide for the siting
of residential care facilities in zones or areas that are designated for single family or other residential uses, the city shall
conduct a review of the need and demand for the facilities,
including the cost of any conditional or special use permit
that may be required. The review shall be completed by
August 30, 1990. A copy of the findings, conclusions, and
recommendations resulting from the review shall be sent to
the *department of community development by September
30, 1990.
On or before June 30, 1991, each municipality that plans
and zones under this chapter shall have adopted an ordinance
or ordinances that are necessary to implement the findings of
this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not
adopted. [1989 c 427 § 39.]
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic development were transferred to the department of community, trade, and economic
development by 1993 c 280, effective July 1, 1994.
Severability—1989 c 427: See RCW 74.39.900.
35.22.685 Conditional and special use permit applications by parties licensed or certified by the department
of social and health services or the department of corrections—Mediation prior to appeal required. A final decision by a hearing examiner involving a conditional or special
use permit application under a home-rule charter that is
requested by a party that is licensed or certified by the department of social and health services or the department of corrections is subject to mediation under RCW 35.63.260 before
an appeal may be filed. [1998 c 119 § 4.]
35.22.685
35.22.690 First-class cities subject to limitations on
moratoria, interim zoning controls. A first-class city that
plans under the authority of its charter is subject to the provisions of RCW 35.63.200. [1992 c 207 § 2.]
35.22.690
35.22.695 Planning regulations—Copies provided to
county assessor. By July 31, 1997, a first-class city planning
under RCW 36.70A.040 shall provide to the county assessor
a copy of the first-class city’s comprehensive plan and development regulations in effect on July 1st of that year and shall
thereafter provide any amendments to the plan and regulations that were adopted before July 31st of each following
year. [1996 c 254 § 2.]
35.22.695
35.22.700 Conformance with chapter 43.97 RCW
required. With respect to the National Scenic Area, as
defined in the Columbia River Gorge National Scenic Area
Act, P.L. 99-663, the exercise of any power or authority by a
city pursuant to this chapter shall be subject to and in conformity with the requirements of chapter 43.97 RCW, including
the Interstate Compact adopted by RCW 43.97.015, and with
the management plan regulations and ordinances adopted by
the Columbia River Gorge commission pursuant to the Compact. [1987 c 499 § 5.]
35.22.700
35.22.680
[Title 35 RCW—page 110]
35.22.705 Purchase of electric power and energy
from joint operating agency. A city of the first class may
contract to purchase from a joint operating agency electric
power and energy required for its present or future requirements. For projects the output of which is limited to qualified
a lt e r n a t iv e e n e r g y r es o u r ce s a s d e f i n e d b y R C W
19.29A.090(3), the contract may include the purchase of
capability of the projects to produce electricity in addition to
the actual output of the projects. The contract may provide
that the city must make the payments required by the contract
whether or not a project is completed, operable, or operating
and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or
the power and energy contracted for. The contract may also
provide that payments under the contract are not subject to
reduction, whether by offset or otherwise, and shall not be
conditioned upon the performance or nonperformance of the
joint operating agency or a city, town, or public utility district
under the contract or other instrument. [2003 c 138 § 4.]
35.22.705
(2008 Ed.)
Second-Class Cities
Chapter 35.23
35.23.490
35.23.505
Limitations on use of publicity fund.
Local improvement guaranty fund—Investment in city’s own
guaranteed bonds.
Utilities—City may contract for service or construct own facilities.
Utilities—Method of acquisition—Bonds.
Utilities—Maintenance and operation—Rates.
Procedure to attack consolidation or annexation of territory.
Criminal code repeals by city operating municipal court—
Agreement covering costs of handling resulting criminal
cases—Arbitration.
Waterworks—Construction by city or by district assessments.
Waterworks—Plans—Special assessments.
Waterworks—Procedure—Bonds.
Cities of ten thousand or more may frame charter without
changing classification.
Purchase of electric power and energy from joint operating
agency.
Code city retaining former second-class city plan—Elective
officers.
Code city retaining former second-class city plan—Elections—Terms of office.
Code city retaining former second-class city plan—Mayor—
General duties.
Code city retaining former second-class city plan—Appointive officers.
Code city retaining former second-class city plan—Health
officer.
Code city retaining former second-class city plan—Street
commissioner.
Code city retaining former second-class city plan—Appointment of officers—Confirmation.
Code city retaining former second-class city plan—Oath and
bond of officers.
Code city retaining former second-class city plan—City council—How constituted.
Code city retaining former second-class city plan—City council—Presiding officer—Voting rights.
Code city retaining former second-class city plan—Wards—
Division of city into.
35.22.900 Liberal construction. The rule that statutes
in derogation of the common law are to be strictly construed
shall have no application to this chapter, but the same shall be
liberally construed for the purpose of carrying out the objects
for which this chapter is intended. [1965 c 7 § 35.22.900.
Prior: 1890 p 224 § 8.]
35.22.900
Chapter 35.23
Chapter 35.23 RCW
SECOND-CLASS CITIES
Sections
35.23.010
35.23.021
35.23.031
35.23.051
35.23.081
35.23.091
35.23.101
35.23.111
35.23.121
35.23.131
35.23.134
35.23.141
35.23.142
35.23.144
35.23.146
35.23.148
35.23.161
35.23.170
35.23.181
35.23.191
35.23.201
35.23.211
35.23.221
35.23.251
35.23.261
35.23.270
35.23.290
35.23.311
35.23.325
35.23.330
35.23.331
35.23.351
35.23.352
35.23.371
35.23.380
35.23.410
35.23.420
35.23.430
35.23.440
35.23.442
35.23.443
35.23.444
35.23.445
35.23.452
35.23.454
35.23.455
35.23.456
35.23.457
35.23.460
35.23.470
35.23.480
(2008 Ed.)
Rights, powers, and privileges—Exchange of park purpose
property.
City officers enumerated—Compensation—Appointment and
removal.
Eligibility to hold elective office.
Elections—Terms of office—Positions and wards.
Oath and bond of officers.
Compensation of officers—Expenses—Nonstate pensions.
Vacancies.
City attorney—Duties.
City clerk—Duties—Deputies.
City treasurer—Duties.
Association of sheriffs and police chiefs.
Duty of officers collecting moneys.
Combination of offices of treasurer with clerk—Authorized.
Combination of offices of treasurer with clerk—Powers of
clerk.
Combination of offices of treasurer with clerk—Powers of
treasurer.
Combination of offices of treasurer with clerk—Ordinance—
Termination of combined offices.
Chief of police and police department.
Park commissioners.
City council—Oath—Meetings.
City council—Mayor pro tempore.
City council—Meetings—Journal.
Ordinances—Style—Requisites—Veto.
Ordinances—Publication—Summary—Public notice of hearings and meeting agendas.
Ordinances granting franchises—Requisites.
Audit and allowance of demands against city.
City council—Quorum—Rules—Journal, etc.
City council—Entry of ayes and noes on journal.
Eminent domain.
Payment of claims and obligations by warrant or check.
Limitation on allowance of claims, warrants, etc.
Nuisances.
Application of RCW 35.23.352 to certain agreements relating
to water pollution control, solid waste handling facilities.
Public works—Contracts—Bids—Small works roster—Purchasing requirements, recycled or reused materials or products.
Taxation—Street poll tax.
Exclusive franchises prohibited.
Leasing of street ends on waterfront.
Notice of lease to be published before execution.
Railroads in streets to be assessed for street improvement.
Specific powers enumerated.
City and town license fees and taxes on financial institutions.
City license fees or taxes on certain business activities to be at
a single uniform rate.
Nonpolluting power generation by individual—Exemption
from regulation—Authorization to contract with utility.
Hydroelectric resources—Separate legal authority—Creation
by irrigation districts and cities, towns, or public utility districts.
Additional powers—Acquisition, control, and disposition of
property.
Additional powers—Parking meter revenue for revenue
bonds.
Additional powers—Construction and operation of boat harbors, marinas, docks, etc.
Additional powers—Ambulances and first aid equipment.
Conveyance or lease of space above real property or structures
or improvements.
Employees’ group insurance—False arrest insurance.
Publicity fund.
Publicity board.
35.23.515
35.23.525
35.23.535
35.23.545
35.23.555
35.23.560
35.23.570
35.23.580
35.23.680
35.23.705
35.23.800
35.23.805
35.23.810
35.23.815
35.23.820
35.23.825
35.23.830
35.23.835
35.23.840
35.23.845
35.23.850
Accident claims against: RCW 35.31.040, 35.31.050.
Actions against
public corporations: RCW 4.08.120.
state: Chapter 4.92 RCW.
Actions by in corporate name: RCW 4.08.110.
Advancement in classification: RCW 35.06.010.
Annexation
for municipal purposes: RCW 35.13.180.
of federal areas: RCW 35.13.190 through 35.13.210.
Classification as: RCW 35.01.020.
Code of ethics for public officers and employees: Chapters 42.23 and 42.52
RCW.
Eminent domain by cities, construction of chapter as to second-class cities:
RCW 8.12.560.
Inhabitants at time of organization: RCW 35.01.020.
Judgment against local governmental entity, enforcement: RCW 6.17.080.
Limitations on indebtedness: State Constitution Art. 7 § 2 (Amendments 55,
59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW 84.52.050.
Lost and found property: Chapter 63.21 RCW.
Lowlands, local improvement: Chapters 35.55, 35.56 RCW.
Municipal utilities: Chapter 35.92 RCW.
Municipal water and sewer facilities act: Chapter 35.91 RCW.
Officers, salaries of, not to be changed during term: State Constitution Art.
11 § 8 (Amendment 57).
Organization under general laws required: State Constitution Art. 11 § 10
(Amendment 40).
Parking, off-street facilities: Chapter 35.86 RCW.
Rules for courts of limited jurisdiction: Volume 0.
Sanitary fills: Chapter 35.73 RCW.
Service of summons on, personal service: RCW 4.28.080.
Sidewalks, construction and reconstruction, generally: Chapter 35.69 RCW.
[Title 35 RCW—page 111]
35.23.010
Title 35 RCW: Cities and Towns
Streets and alleys, grades at higher elevation, drainage impracticable on
private abutting land, effect: Chapter 35.73 RCW.
Unclaimed property in hands of city police: Chapter 63.32 RCW.
35.23.010 Rights, powers, and privileges—Exchange
of park purpose property. Every city of the second class
shall be entitled "City of . . . . . ." (naming it), and by such
name shall have perpetual succession; may sue and be sued in
all courts and in all proceedings; shall have and use a common seal which it may alter at pleasure; may acquire, hold,
lease, use and enjoy property of every kind and control and
dispose of it for the common benefit; and, upon making a
finding that any property acquired for park purposes is not
useful for such purposes and that an exchange thereof for
other property to be dedicated for park purposes is in the public interest, may, with the consent of the dedicator or donor,
his heirs, successors or assigns, exchange such property for
other property to be dedicated for park purposes and make,
execute and deliver proper conveyances to effect the
exchange. In any case where owing to death or lapse of time
there is neither donor, heir, successor, nor assigns to give
consent to the exchange, then this consent may be executed
by the grantee. Title to property so conveyed by the city shall
vest in the grantee free and clear of any trust in favor of the
public arising out of any prior dedication for park purposes.
[1965 c 7 § 35.23.010. Prior: 1953 c 190 § 1; 1907 c 241 § 1;
RRS § 9006.]
35.23.010
35.23.021 City officers enumerated—Compensation—Appointment and removal. The government of a
second-class city shall be vested in a mayor, a city council of
seven members, a city attorney, a clerk, a treasurer, all elective; and a chief of police, municipal judge, city engineer,
street superintendent, health officer and such other appointive officers as may be provided for by ordinance: PROVIDED, That the council may enact an ordinance providing
for the appointment of the city clerk, city attorney, and treasurer by the mayor, which appointment shall be subject to
confirmation by a majority vote of the city council. Such
ordinance shall be enacted and become effective not later
than thirty days prior to the first day allowed for filing declarations of candidacy for such offices when such offices are
subject to an approaching city primary election. Elective
incumbent city clerks, city attorneys, and city treasurers shall
serve for the remainder of their unexpired term notwithstanding any appointment made pursuant to this section and RCW
35.23.051. If a free public library and reading room is established, five library trustees shall be appointed. The city council by ordinance shall prescribe the duties and fix the compensation of all officers and employees: PROVIDED, That
the provisions of any such ordinance shall not be inconsistent
with any statute: PROVIDED FURTHER, That where the
city council finds that the appointment of a full time city
engineer is unnecessary, it may in lieu of such appointment,
by resolution provide for the performance of necessary engineering services on either a part time, temporary or periodic
basis by a qualified engineering firm, pursuant to any reasonable contract.
The mayor shall appoint and at his or her pleasure may
remove all appointive officers except as otherwise provided
herein: PROVIDED, That municipal judges shall be
35.23.021
[Title 35 RCW—page 112]
removed only upon conviction of misconduct or malfeasance
in office, or because of physical or mental disability rendering the judge incapable of performing the duties of his or her
office. Every appointment or removal must be in writing
signed by the mayor and filed with the city clerk. [1994 c 81
§ 35; 1993 c 47 § 1; 1987 c 3 § 9; 1969 c 116 § 1; 1965 ex.s.
c 116 § 9; 1965 c 7 § 35.24.020. Prior: 1961 c 81 § 1; 1955 c
365 § 2; 1955 c 55 § 5; prior: (i) 1915 c 184 § 2; 1891 c 156
§ 4; 1890 p 179 § 105; RRS § 9115. (ii) 1929 c 182 § 1, part;
1927 c 159 § 1; 1915 c 184 § 3, part; 1893 c 57 § 1; 1891 c
156 § 1; 1890 p 179 § 106; RRS § 9116, part. (iii) 1915 c 184
§ 28; 1890 p 196 § 137; RRS § 9142. Formerly RCW
35.24.020.]
Severability—1987 c 3: See note following RCW 3.70.010.
35.23.031 Eligibility to hold elective office. No person
is eligible to hold an elective office in a second-class city
unless the person is a resident and registered voter in the city.
[1997 c 361 § 7.]
35.23.031
35.23.051 Elections—Terms of office—Positions and
wards. General municipal elections in second-class cities
shall be held biennially in the odd-numbered years and shall
be subject to general election law.
The terms of office of the mayor, city attorney, clerk, and
treasurer shall be four years and until their successors are
elected and qualified and assume office in accordance with
*RCW 29.04.170: PROVIDED, That if the offices of city
attorney, clerk, and treasurer are made appointive, the city
attorney, clerk, and treasurer shall not be appointed for a definite term: PROVIDED FURTHER, That the term of the
elected treasurer shall not commence in the same biennium in
which the term of the mayor commences, nor in which the
terms of the city attorney and clerk commence if they are
elected.
Council positions shall be numbered in each second-class city so that council position seven has a two-year
term of office and council positions one through six shall
each have four-year terms of office. Each councilmember
shall remain in office until a successor is elected and qualified and assumes office in accordance with *RCW 29.04.170.
In its discretion the council of a second-class city may
divide the city by ordinance, into a convenient number of
wards, not exceeding six, fix the boundaries of the wards, and
change the ward boundaries from time to time and as provided in *RCW 29.70.100. No change in the boundaries of
any ward shall be made within one hundred twenty days next
before the date of a general municipal election, nor within
twenty months after the wards have been established or
altered. However, if a boundary change results in one ward
being represented by more councilmembers than the number
to which it is entitled, those having the shortest unexpired
terms shall be assigned by the council to wards where there is
a vacancy, and the councilmembers so assigned shall be
deemed to be residents of the wards to which they are
assigned for purposes of determining whether those positions
are vacant.
Whenever such city is so divided into wards, the city
council shall designate by ordinance the number of councilmembers to be elected from each ward, apportioning the
35.23.051
(2008 Ed.)
Second-Class Cities
same in proportion to the population of the wards. Thereafter
the councilmembers so designated shall be elected by the voters resident in such ward, or by general vote of the whole city
as may be designated in such ordinance. Council position
seven shall not be associated with a ward and the person
elected to that position may reside anywhere in the city and
voters throughout the city may vote at a primary to nominate
candidates for position seven, when a primary is necessary,
and at a general election to elect the person to council position seven. Additional territory that is added to the city shall,
by act of the council, be annexed to contiguous wards without
affecting the right to redistrict at the expiration of twenty
months after last previous division. The removal of a councilmember from the ward for which he or she was elected
shall create a vacancy in such office.
Wards shall be redrawn as provided in **chapter 29.70
RCW. Wards shall be used as follows: (1) Only a resident of
the ward may be a candidate for, or hold office as, a councilmember of the ward; and (2) only voters of the ward may
vote at a primary to nominate candidates for a councilmember of the ward. Voters of the entire city may vote at the general election to elect a councilmember of a ward, unless the
city had prior to January 1, 1994, limited the voting in the
general election for any or all council positions to only voters
residing within the ward associated with the council positions. If a city had so limited the voting in the general election
to only voters residing within the ward, then the city shall be
authorized to continue to do so. The elections for the remaining council position or council positions that are not associated with a ward shall be conducted as if the wards did not
exist. [1997 c 361 § 13; 1995 c 134 § 8. Prior: 1994 c 223 §
17; 1994 c 81 § 36; 1979 ex.s. c 126 § 22; 1969 c 116 § 2;
1965 c 7 § 35.24.050; prior: 1963 c 200 § 15; 1959 c 86 § 4;
1955 c 365 § 3; 1955 c 55 § 6; prior: (i) 1929 c 182 § 1, part;
1927 c 159 § 1; 1915 c 184 § 3, part; 1893 c 57 § 1; 1891 c
156 § 1; 1890 p 179 § 106; RRS § 9116, part. (ii) 1941 c 108
§ 1; 1939 c 87 § 1; Rem. Supp. 1941 § 9116-1. Formerly
RCW 35.24.050.]
Reviser’s note: *(1) RCW 29.04.170 and 29.70.100 were recodified as
RCW 29A.20.040 and 29A.76.010 pursuant to 2003 c 111 § 2401, effective
July 1, 2004.
**(2) Chapter 29.70 RCW was recodified as chapter 29A.76 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
35.23.081
35.23.081 Oath and bond of officers. In a city of the
second class, the treasurer, city attorney, clerk, chief of
police, and such other officers as the council may require
shall each, before entering upon the duties of office, take an
oath of office and execute and file with the clerk an official
bond in such penal sum as the council shall determine, conditioned for the faithful performance of his or her duties and
otherwise conditioned as may be provided by ordinance. The
oath of office shall be filed with the county auditor. [1994 c
81 § 37; 1987 c 3 § 10; 1986 c 167 § 18; 1965 c 7 § 35.24.080.
Prior: 1915 c 184 § 5; 1893 c 70 § 1; 1890 p 179 § 107; RRS
§ 9118. Formerly RCW 35.24.080.]
Severability—1987 c 3: See note following RCW 3.70.010.
Severability—1986 c 167: See note following RCW 29A.04.049.
(2008 Ed.)
35.23.111
35.23.091 Compensation of officers—Expenses—
Nonstate pensions. The mayor and the members of the city
council may be reimbursed for actual expenses incurred in
the discharge of their official duties, upon presentation of a
claim therefor, after allowance and approval thereof, by resolution of the city council; and each city councilmember may
be paid for attending council meetings an amount which shall
be fixed by ordinance and may be revised from time to time
by ordinance, but any increase or reduction in the compensation attaching to an office shall not be applicable to the term
then being served by the incumbent.
The city attorney, clerk and treasurer, if elective, shall
severally receive at stated times a compensation to be fixed
by ordinance by the city council.
The mayor and other officers shall receive such compensation as may be fixed by the city council at the time the estimates are made as provided by law.
Any city that provides a pension for any of its employees
under a plan not administered by the state must notify the
state auditor of the existence of the plan at the time of an audit
of the city by the auditor. No city may establish a pension
plan for its employees that is not administered by the state,
except that any defined contribution plan in existence as of
January 1, 1990, is deemed to have been authorized. No city
that provides a defined contribution plan for its employees as
authorized by this section may make any material changes in
the terms or conditions of the plan after June 7, 1990. [1990
c 212 § 1; 1973 1st ex.s. c 87 § 1; 1969 ex.s. c 270 § 8; 1965
c 105 § 1; 1965 c 7 § 35.24.090. Prior: 1961 c 89 § 7; 1941 c
115 § 1; 1915 c 184 § 7; 1893 c 70 § 2; 1890 p 180 § 109;
Rem. Supp. 1941 § 9120. Formerly RCW 35.24.090.]
35.23.091
35.23.101 Vacancies. (1) The council of a second class
city may declare a council position vacant if the councilmember is absent for three consecutive regular meetings without
permission of the council.
(2) A vacancy in an elective office shall occur and shall
be filled as provided in chapter 42.12 RCW. An incumbent
councilmember is eligible to be appointed to fill a vacancy in
the office of mayor.
Vacancies in offices other than that of mayor or city
councilmember shall be filled by appointment of the mayor.
(3) If there is a temporary vacancy in an appointive
office due to illness, absence from the city or other temporary
inability to act, the mayor may appoint a temporary appointee
to exercise the duties of the office until the temporary disability of the incumbent is removed. [2008 c 50 § 1; 1995 c 134
§ 9. Prior: 1994 c 223 § 19; 1994 c 81 § 38; 1965 c 7 §
35.24.100; prior: (i) 1919 c 113 § 1; 1915 c 184 § 6; 1890 p
180 § 108; RRS § 9119. (ii) 1907 c 228 § 5, part; RRS §
9203, part. Formerly RCW 35.24.100.]
35.23.101
Vacancies in office of mayor filled from among city council members: RCW
35.23.191.
35.23.111 City attorney—Duties. The city attorney
shall advise the city authorities and officers in all legal matters pertaining to the business of the city and shall approve all
ordinances as to form. He shall represent the city in all
actions brought by or against the city or against city officials
in their official capacity. He shall perform such other duties
as the city council by ordinance may direct. [1965 c 7 §
35.23.111
[Title 35 RCW—page 113]
35.23.121
Title 35 RCW: Cities and Towns
35.24.110. Prior: 1915 c 184 § 26; 1893 c 70 § 11; 1890 p
192 § 132; RRS § 9140. Formerly RCW 35.24.110.]
the next regular meeting after its introduction. [1994 c 81 §
39; 1969 c 116 § 3. Formerly RCW 35.24.142.]
Employment of legal interns: RCW 35.21.760.
35.23.144
35.23.121 City clerk—Duties—Deputies. The city
clerk shall keep a full and true record of every act and proceeding of the city council and keep such books, accounts
and make such reports as may be required by the state auditor. The city clerk shall record all ordinances, annexing
thereto his or her certificate giving the number and title of the
ordinance, stating that the ordinance was published and
posted according to law and that the record is a true and correct copy thereof. The record copy with the clerk’s certificate
shall be prima facie evidence of the contents of the ordinance
and of its passage and publication and shall be admissible as
such evidence in any court or proceeding.
The city clerk shall be custodian of the seal of the city
and shall have authority to acknowledge the execution of all
instruments by the city which require acknowledgment.
The city clerk may appoint a deputy for whose acts he or
she and his or her bondspersons shall be responsible, and he
or she and his or her deputy shall have authority to take all
necessary affidavits to claims against the city and certify
them without charge.
The city clerk shall perform such other duties as may be
required by statute or ordinance. [2007 c 218 § 75; 1995 c
301 § 36; 1965 c 7 § 35.24.120. Prior: 1915 c 184 § 25; RRS
§ 9139. Formerly RCW 35.24.120.]
35.23.121
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
35.23.131 City treasurer—Duties. The city treasurer
shall receive and safely keep all money which comes into his
hands as treasurer, for all of which he shall execute triplicate
receipts, one to be filed with the city clerk. He shall receive
all money due the city and disburse it on warrants issued by
the clerk countersigned by the mayor, and not otherwise. He
shall make monthly settlements with the city clerk at which
time he shall deliver to the clerk the duplicate receipts for all
money received and all canceled warrants as evidence of
money paid. [1965 c 7 § 35.24.130. Prior: 1915 c 184 § 24;
1893 c 70 § 8; 1890 p 192 § 132; RRS § 9138. Formerly
RCW 35.24.130.]
35.23.131
35.23.134 Association of sheriffs and police chiefs.
See chapter 36.28A RCW.
35.23.134
35.23.141 Duty of officers collecting moneys. Every
officer collecting or receiving any money belonging to or for
the use of the city shall settle with the clerk and immediately
pay it into the treasury on the order of the clerk to be credited
to the fund to which it belongs. [1965 c 7 § 35.24.140. Prior:
1915 c 184 § 30; 1890 p 197 § 139; RRS § 9144. Formerly
RCW 35.24.140.]
35.23.141
35.23.142 Combination of offices of treasurer with
clerk—Authorized. The city council of any city of the second class is authorized to provide by ordinance that the office
of treasurer shall be combined with that of clerk, or that the
office of clerk shall be combined with that of treasurer: PROVIDED, That such ordinance shall not be voted upon until
35.23.142
[Title 35 RCW—page 114]
35.23.144 Combination of offices of treasurer with
clerk—Powers of clerk. In the event that the office of treasurer is combined with the office of clerk so as to become the
office of clerk-treasurer, the clerk shall exercise all the powers vested in and perform all the duties required to be performed by the treasurer, and in cases where the law requires
the treasurer to sign or execute any papers or documents, it
shall not be necessary for the clerk to sign as treasurer, but
shall be sufficient if he signs as clerk. [1969 c 116 § 4. Formerly RCW 35.24.144.]
35.23.146
35.23.146 Combination of offices of treasurer with
clerk—Powers of treasurer. In the event that the office of
clerk is combined with the office of treasurer so as to become
the office of treasurer-clerk, the treasurer shall exercise all
the powers vested in and perform all the duties required to be
performed by the clerk. [1969 c 116 § 5. Formerly RCW
35.24.146.]
35.23.148
35.23.148 Combination of offices of treasurer with
clerk—Ordinance—Termination of combined offices.
The ordinance provided for combining said offices shall provide the date when the combination shall become effective,
which date shall not be less than three months from the date
when the ordinance becomes effective; and on and after said
date the office of treasurer or clerk, as the case may be, shall
be abolished. Any city which as herein provided, combined
the office of treasurer with that of clerk or the office of clerk
with that of treasurer may terminate such combination by
ordinance, fixing the time when the combination shall cease
and thereafter the duties of the offices shall be performed by
separate officials: PROVIDED, That if the office of treasurer
was combined with that of clerk, or an elective office of clerk
was combined with the office of treasurer, the mayor shall
appoint a treasurer and clerk who shall serve until the next
regular municipal general election when a treasurer and clerk
shall be elected for the term as provided by law unless such
city has enacted an ordinance in accordance with *RCW
35.24.020. [1969 c 116 § 6. Formerly RCW 35.24.148.]
*Reviser’s note: RCW 35.24.020 was recodified as RCW 35.23.021
pursuant to 1994 c 81 § 90.
35.23.161
35.23.161 Chief of police and police department. The
department of police in a city of the second class shall be
under the direction and control of the chief of police subject
to the direction of the mayor. Any police officer may pursue
and arrest violators of city ordinances beyond the city limits.
Every citizen shall lend the police chief aid, when
required, for the arrest of offenders and maintenance of public order. With the concurrence of the mayor, the police chief
may appoint additional police officers to serve for one day
only under orders of the chief in the preservation of public
order.
The police chief shall have the same authority as that
conferred upon sheriffs for the suppression of any riot, public
tumult, disturbance of the peace, or resistance against the
(2008 Ed.)
Second-Class Cities
laws or the public authorities in the lawful exercise of their
functions and shall be entitled to the same protection.
The police chief shall perform such other services as
may be required by statute or ordinances of the city. [1994 c
81 § 40; 1987 c 3 § 11; 1977 ex.s. c 316 § 22; 1965 c 7 §
35.24.160. Prior: 1915 c 184 § 27; 1893 c 70 § 12; 1890 p
195 § 136; RRS § 9141. Formerly RCW 35.24.160.]
Severability—1987 c 3: See note following RCW 3.70.010.
Severability—1977 ex.s. c 316: See note following RCW 70.48.020.
35.23.211
The mayor and the mayor pro tempore shall have power
to administer oaths and affirmations, take affidavits and certify them. The mayor or the mayor pro tempore when acting
as mayor, shall sign all conveyances made by the city and all
instruments which require the seal of the city. [2008 c 50 § 2;
1994 c 81 § 41; 1969 c 101 § 3; 1965 c 7 § 35.24.190. Prior:
(i) 1915 c 184 § 10, part; 1893 c 70 § 3; 1890 p 181 § 113;
RRS § 9123, part. (ii) 1915 c 184 § 23; RRS § 9137. Formerly RCW 35.24.190.]
Commencement of actions: Chapter 4.28 RCW.
35.23.201
Duties of chief law enforcement officer receiving found property: RCW
63.21.050.
Law enforcement chaplains authorized: Chapter 41.22 RCW.
Unclaimed property in hands of city police: Chapter 63.32 RCW.
35.23.170 Park commissioners. Councils of second-class cities and towns may provide by ordinance, for a
board of park commissioners, not to exceed seven in number,
to be appointed by the mayor, with the consent of the city
council, from citizens of recognized fitness for such position.
No commissioner shall receive any compensation. The first
commissioners shall determine by lot whose term of office
shall expire each year, and a new commissioner shall be
appointed annually to serve for a term of years corresponding
in number to the number of commissioners in order that one
term shall expire each year. Such board of park commissioners shall have only such powers and authority with respect to
the management, supervision, and control of parks and recreational facilities and programs as are granted to it by the
council. [1994 c 81 § 16; 1973 c 76 § 1; 1965 c 7 §
35.23.170. Prior: 1953 c 86 § 1; 1925 ex.s. c 121 § 1; 1907 c
228 § 2; RRS § 9200.]
35.23.170
35.23.181 City council—Oath—Meetings. The city
council and mayor shall meet in January next succeeding the
date of each general municipal election, and shall take the
oath of office, and shall hold regular meetings at least once
during each month but not to exceed one regular meeting in
each week, at such times as may be fixed by ordinance.
Special meetings may be called by the mayor by written
notice as provided in RCW 42.30.080. No ordinances shall be
passed or contract let or entered into, or bill for the payment
of money allowed at any special meeting.
All meetings of the city council shall be held at such
place as may be designated by the city council. All final
actions on resolutions and ordinances must take place within
the corporate limits of the city. All meetings of the city council must be public. [1993 c 199 § 2; 1965 c 7 § 35.24.180.
Prior: 1915 c 184 § 10, part; 1893 c 70 § 3; 1890 p 181 § 113;
RRS § 9123, part. Formerly RCW 35.24.180.]
35.23.181
35.23.191 City council—Mayor pro tempore. The
members of the city council, at their first meeting each calendar year and thereafter whenever a vacancy occurs in the
office of mayor pro tempore, shall elect from among their
number a mayor pro tempore, who shall hold office at the
pleasure of the council and in case of the absence of the
mayor, perform the duties of mayor except that he or she shall
not have the power to appoint or remove any officer or to veto
any ordinance.
35.23.191
(2008 Ed.)
35.23.201 City council—Meetings—Journal. All
meetings of the council shall be presided over by the mayor,
or, in the mayor’s absence, by the mayor pro tempore. The
mayor shall have a vote only in the case of a tie in the votes
of the councilmembers. If the clerk is absent from a council
meeting, the mayor or mayor pro tempore shall appoint one
of the members of the council as clerk pro tempore. The
appointment of a councilmember as mayor pro tempore or
clerk pro tempore shall not in any way abridge the councilmember’s right to vote upon all questions coming before
the council.
The clerk shall keep a correct journal of all proceedings
and at the desire of any member the ayes and noes shall be
taken on any question and entered in the journal. [1994 c 81
§ 42; 1965 c 107 § 1; 1965 c 7 § 35.24.200. Prior: (i) 1915 c
184 § 13, part; 1890 p 182 § 115; RRS § 9126, part. (ii) 1915
c 184 § 11, part; 1891 c 156 § 2; 1890 p 182 § 114; RRS §
9124, part. Formerly RCW 35.24.200.]
35.23.211
35.23.211 Ordinances—Style—Requisites—Veto.
The enacting clause of all ordinances in a second-class city
shall be as follows: "The city council of the city of . . . . . . do
ordain as follows:"
No ordinance shall contain more than one subject and
that must be clearly expressed in its title.
No ordinance or any section thereof shall be revised or
amended unless the new ordinance sets forth the revised ordinance or the amended section at full length.
No ordinance and no resolution or order shall have any
validity or effect unless passed by the votes of at least four
councilmembers.
No ordinance shall take effect until five days after the
date of its publication unless otherwise provided in this title.
Every ordinance which passes the council in order to
become valid must be presented to the mayor; if the mayor
approves it, the mayor shall sign it, but if not, the mayor shall
return it with written objections to the council and the council
shall cause the mayor’s objections to be entered at large upon
the journal and proceed to a reconsideration thereof. If upon
reconsideration five members of the council voting upon a
call of yeas and nays favor its passage, the ordinance shall
become valid notwithstanding the mayor’s veto. If the mayor
fails for ten days to either approve or veto an ordinance, it
shall become valid without the approval of the mayor.
Every ordinance shall be signed by the mayor and
attested by the clerk. [1994 c 81 § 43; 1965 c 7 § 35.24.210.
Prior: (i) 1915 c 184 § 11, part; 1891 c 156 § 2; 1890 p 182 §
114; RRS § 9124, part. (ii) 1915 c 184 § 12, part; 1893 c 70 §
4; 1890 p 182 § 116; RRS § 9125, part. (iii) 1915 c 184 § 18,
[Title 35 RCW—page 115]
35.23.221
Title 35 RCW: Cities and Towns
part; 1890 p 186 § 118; RRS § 9132, part. Formerly RCW
35.24.210.]
Codification of city or town ordinances: RCW 35.21.500 through 35.21.570.
35.23.221 Ordinances—Publication—Summary—
Public notice of hearings and meeting agendas. Promptly
after adoption, the text of each ordinance or a summary of the
content of each ordinance shall be published at least once in
the city’s official newspaper.
For purposes of this section, a summary shall mean a
brief description which succinctly describes the main points
of the ordinance. Publication of the title of an ordinance
authorizing the issuance of bonds, notes, or other evidences
of indebtedness shall constitute publication of a summary of
that ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.
An inadvertent mistake or omission in publishing the
text or a summary of the content of an ordinance shall not
render the ordinance invalid.
In addition to the requirement that a city publish the text
or a summary of the content of each adopted ordinance, every
city shall establish a procedure for notifying the public of
upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but
not be limited to, written notification to the city’s official
newspaper, publication of a notice in the official newspaper,
posting of upcoming council meeting agendas, or such other
processes as the city determines will satisfy the intent of this
requirement. [1994 c 273 § 10; 1988 c 168 § 4; 1987 c 400 §
1; 1985 c 469 § 25; 1965 c 7 § 35.24.220. Prior: (i) 1915 c
184 § 18, part; 1890 p 186 § 118; RRS § 9132, part. (ii) 1915
c 184 § 12, part; 1893 c 70 § 4; 1890 p 182 § 116; RRS §
9125, part. Formerly RCW 35.24.220.]
35.23.221
35.23.251 Ordinances granting franchises—Requisites. No ordinance or resolution granting any franchise for
any purpose shall be passed by the city council on the day of
its introduction, nor for five days thereafter, nor at any other
than a regular meeting nor without first being submitted to
the city attorney.
No franchise or valuable privilege shall be granted
unless by the vote of at least five members of the city council.
The city council may require a bond in a reasonable
amount for any person or corporation obtaining a franchise
from the city conditioned for the faithful performance of the
conditions and terms of the franchise and providing a recovery on the bond in case of failure to perform the terms and
conditions of franchise. [1965 c 7 § 35.24.250. Prior: (i)
1915 c 184 § 12, part; 1893 c 70 § 4; 1890 p 182 § 116; RRS
§ 9125, part. (ii) 1907 c 228 § 1, part; RRS § 9199, part. Formerly RCW 35.24.250.]
35.23.251
35.23.261 Audit and allowance of demands against
city. All demands against the city shall be presented to and
audited by the city council in accordance with such regulations as it may by ordinance prescribe; and upon the allowance of a demand, the clerk shall draw a warrant upon the
treasurer for it, which warrant shall be countersigned by the
mayor and shall specify for what purpose it is drawn and out
35.23.261
[Title 35 RCW—page 116]
of which fund it is to be paid. [1965 c 7 § 35.24.260. Prior:
1915 c 184 § 19; 1890 p 186 § 119; RRS § 9133. Formerly
RCW 35.24.260.]
35.23.270 City council—Quorum—Rules—Journal,
etc. A majority of the councilmembers shall constitute a quorum for the transaction of business. A less number may compel the attendance of absent members and may adjourn from
time to time. The council shall determine its rules of proceedings. The council may punish their members for disorderly
conduct and upon written charges entered upon the journal
therefor, may, after trial, expel a member by two-thirds vote
of all the members elected. All orders of the city council shall
be entered upon the journal of its proceedings, which journal
shall be signed by the officer who presided at the meeting.
The journal shall be kept by the clerk under the council’s
direction. [1994 c 81 § 17; 1965 c 7 § 35.23.270. Prior: (i)
1907 c 241 § 28, part; 1890 p 148 § 37; RRS § 9033, part. (ii)
1907 c 241 § 59; 1890 p 159 § 49; RRS § 9062.]
35.23.270
35.23.290 City council—Entry of ayes and noes on
journal. At any time, at the request of any two members the
ayes and noes on any question may be taken and entered upon
the journal and they must be so taken and entered upon the
passage of all ordinances appropriating money, imposing
taxes, abolishing licenses, increasing or lessening the amount
to be paid for licenses. [1965 c 7 § 35.23.290. Prior: (i) 1907
c 241 § 28, part; 1890 p 148 § 37; RRS § 9033, part. (ii) 1907
c 241 § 60; 1890 p 159 § 50; RRS § 9063.]
35.23.290
35.23.311 Eminent domain. Whenever it shall become
necessary for the city to take or damage private property for
the purpose of establishing, laying out, extending and widening streets and other public highways and places within the
city, or for the purpose of securing rights-of-way for drains,
sewers and aqueducts, and for the purpose of widening,
straightening or diverting the channels of streams and the
improvement of waterfronts, or any other public purpose, and
the city council cannot agree with the owner thereof as to the
price to be paid, the city council may proceed to acquire, take
or damage the same in the manner provided by chapter 8.12
RCW or by chapter 8.20 RCW. [1965 c 7 § 35.24.310. Prior:
1915 c 184 § 22; RRS § 9136. Formerly RCW 35.24.310.]
35.23.311
35.23.325 Payment of claims and obligations by warrant or check. A second-class city, by ordinance, may adopt
a policy for the payment of claims or other obligations of the
city, which are payable out of solvent funds, electing to pay
such obligations by warrant or by check. However, when the
applicable fund is not solvent at the time payment is ordered,
a warrant shall be issued. When checks are to be used, the
legislative body shall designate the qualified public depositary, upon which such checks are to be drawn, and the officers authorized or required to sign such checks. Wherever a
reference is made to warrants in this title, such term shall
include checks where authorized by this section. [2006 c 41
§ 1.]
35.23.325
35.23.330 Limitation on allowance of claims, warrants, etc. No claim shall be allowed against the city by the
35.23.330
(2008 Ed.)
Second-Class Cities
city council, nor shall the city council order any warrants to
be drawn except at a general meeting of the council. The
council shall never allow, make valid, or recognize any
demand against the city which was not a valid claim against
it when the obligation was created, nor authorize to be paid
any demand which without such action would be invalid or
which is then barred by the statute of limitations, or for which
the city was never liable, and any such action shall be void.
[1965 c 7 § 35.23.330. Prior: (i) 1907 c 241 § 35; RRS §
9042. (ii) 1907 c 241 § 72, part; RRS § 9075, part.]
35.23.331 Nuisances. Every act or thing done or being
within the limits of a second-class city which is declared by
law or by ordinance to be a nuisance shall be a nuisance and
shall be so considered in all actions and proceedings. All
remedies given by law for the prevention and abatement of
nuisances shall apply thereto. [1994 c 81 § 46; 1965 c 7 §
35.24.330. Prior: 1915 c 184 § 21; 1890 p 187 § 123; RRS §
9135. Formerly RCW 35.24.330.]
35.23.331
Public nuisances: Chapter 9.66 RCW.
35.23.351 Application of RCW 35.23.352 to certain
agreements relating to water pollution control, solid
waste handling facilities. RCW 35.23.352 does not apply to
the selection of persons or entities to construct or develop
water pollution control facilities or to provide water pollution
control services under RCW 70.150.040 or the selection of
persons or entities to construct or develop solid waste handling facilities or to provide solid waste handling services
under RCW 35.21.156. [1989 c 399 § 5; 1986 c 244 § 10.]
35.23.351
Severability—1986 c 244: See RCW 70.150.905.
35.23.352 Public works—Contracts—Bids—Small
works roster—Purchasing requirements, recycled or
reused materials or products. (1) Any second-class city or
any town may construct any public works, as defined in
RCW 39.04.010, by contract or day labor without calling for
bids therefor whenever the estimated cost of the work or
improvement, including cost of materials, supplies and
equipment will not exceed the sum of forty-five thousand
dollars, or sixty thousand dollars after January 1, 2010, if
more than one craft or trade is involved with the public
works, or thirty thousand dollars, or forty thousand dollars
after January 1, 2010, if a single craft or trade is involved
with the public works or the public works project is street signalization or street lighting. A public works project means a
complete project. The restrictions in this subsection do not
permit the division of the project into units of work or classes
of work to avoid the restriction on work that may be performed by day labor on a single project.
Whenever the cost of the public work or improvement,
including materials, supplies and equipment, will exceed
these figures, the same shall be done by contract. All such
contracts shall be let at public bidding upon publication of
notice calling for sealed bids upon the work. The notice shall
be published in the official newspaper, or a newspaper of
general circulation most likely to bring responsive bids, at
least thirteen days prior to the last date upon which bids will
be received. The notice shall generally state the nature of the
work to be done that plans and specifications therefor shall
35.23.352
(2008 Ed.)
35.23.352
then be on file in the city or town hall for public inspections,
and require that bids be sealed and filed with the council or
commission within the time specified therein. Each bid shall
be accompanied by a bid proposal deposit in the form of a
cashier’s check, postal money order, or surety bond to the
council or commission for a sum of not less than five percent
of the amount of the bid, and no bid shall be considered
unless accompanied by such bid proposal deposit. The council or commission of the city or town shall let the contract to
the lowest responsible bidder or shall have power by resolution to reject any or all bids and to make further calls for bids
in the same manner as the original call.
When the contract is let then all bid proposal deposits
shall be returned to the bidders except that of the successful
bidder which shall be retained until a contract is entered into
and a bond to perform the work furnished, with surety satisfactory to the council or commission, in accordance with
RCW 39.08.030. If the bidder fails to enter into the contract
in accordance with his or her bid and furnish a bond within
ten days from the date at which he or she is notified that he or
she is the successful bidder, the check or postal money order
and the amount thereof shall be forfeited to the council or
commission or the council or commission shall recover the
amount of the surety bond. A low bidder who claims error
and fails to enter into a contract is prohibited from bidding on
the same project if a second or subsequent call for bids is
made for the project.
If no bid is received on the first call the council or commission may readvertise and make a second call, or may enter
into a contract without any further call or may purchase the
supplies, material or equipment and perform the work or
improvement by day labor.
(2) The allocation of public works projects to be performed by city or town employees shall not be subject to a
collective bargaining agreement.
(3) In lieu of the procedures of subsection (1) of this section, a second-class city or a town may let contracts using the
small works roster process provided in RCW 39.04.155.
Whenever possible, the city or town shall invite at least
one proposal from a minority or woman contractor who shall
otherwise qualify under this section.
(4) The form required by RCW 43.09.205 shall be to
account and record costs of public works in excess of five
thousand dollars that are not let by contract.
(5) The cost of a separate public works project shall be
the costs of the materials, equipment, supplies, and labor on
that construction project.
(6) Any purchase of supplies, material, or equipment,
except for public work or improvement, where the cost
thereof exceeds seven thousand five hundred dollars shall be
made upon call for bids.
(7) Bids shall be called annually and at a time and in the
manner prescribed by ordinance for the publication in a
newspaper of general circulation in the city or town of all
notices or newspaper publications required by law. The contract shall be awarded to the lowest responsible bidder.
(8) For advertisement and formal sealed bidding to be
dispensed with as to purchases with an estimated value of fifteen thousand dollars or less, the council or commission must
authorize by resolution, use of the uniform procedure provided in RCW 39.04.190.
[Title 35 RCW—page 117]
35.23.371
Title 35 RCW: Cities and Towns
(9) The city or town legislative authority may waive the
competitive bidding requirements of this section pursuant to
RCW 39.04.280 if an exemption contained within that section applies to the purchase or public work.
(10) This section does not apply to performance-based
contracts, as defined in RCW 39.35A.020(4), that are negotiated under chapter 39.35A RCW.
(11) Nothing in this section shall prohibit any second
class city or any town from allowing for preferential purchase
of products made from recycled materials or products that
may be recycled or reused. [2002 c 94 § 2; 2000 c 138 § 204;
1998 c 278 § 3; 1996 c 18 § 2. Prior: 1994 c 273 § 9; 1994 c
81 § 18; 1993 c 198 § 10; 1989 c 431 § 56; 1988 c 168 § 3;
1987 c 120 § 2; prior: 1985 c 469 § 24; 1985 c 219 § 2; 1985
c 169 § 7; 1979 ex.s. c 89 § 2; 1977 ex.s. c 41 § 1; 1974 ex.s.
c 74 § 2; 1965 c 114 § 1; 1965 c 7 § 35.23.352; prior: 1957 c
121 § 1; 1951 c 211 § 1; prior: (i) 1907 c 241 § 52; RRS §
9055. (ii) 1915 c 184 § 31; RRS § 9145. (iii) 1947 c 151 § 1;
1890 p 209 § 166; Rem. Supp. 1947 § 9185.]
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Severability—1989 c 431: See RCW 70.95.901.
Competitive bidding violations by municipal officer, penalties: RCW
39.30.020.
Subcontractors to be identified by bidder, when: RCW 39.30.060.
ing in the waterfront or navigable waters of the city shall be
made until a notice describing the portion of the street proposed to be leased, to whom and for what purpose leased and
the proposed rental to be paid has been published by the city
clerk in the official newspaper at least fifteen days prior to the
execution of the lease. [1965 c 7 § 35.23.420. Prior: 1907 c
241 § 67, part; RRS § 9070, part.]
35.23.430
35.23.430 Railroads in streets to be assessed for
street improvement. If an improvement is made upon a
street occupied by a street railway or any railroad enjoying a
franchise on the street, the city council shall assess against
the railroad its just proportion of making the improvement
which shall be not less than the expense of improving the
space between the rails of the railroad and for a distance of
one foot on each side. The assessment against the railroad
shall be made on the rolls of the improvement district the
same as against other property in the district and shall be a
lien on that portion of the railroad within the district from the
time of the equalization of the roll. The lien may be foreclosed by a civil action in superior court and the same period
of redemption from any sale on foreclosure shall be allowed
as is allowed in cases of sale of real estate upon execution.
[1965 c 7 § 35.23.430. Prior: 1907 c 241 § 65; RRS § 9068.]
35.23.440
35.23.371 Taxation—Street poll tax. A second-class
city may impose upon and collect from every inhabitant of
the city over the age of eighteen years an annual street poll
tax not exceeding two dollars and no other road poll tax shall
be collected within the limits of the city. [1994 c 81 § 47;
1973 1st ex.s. c 154 § 51; 1971 ex.s. c 292 § 61; 1965 c 7 §
35.24.370. Prior: 1905 c 75 § 1, part; 1890 p 201 § 154; RRS
§ 9210, part. Formerly RCW 35.24.370.]
35.23.371
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
35.23.380 Exclusive franchises prohibited. No exclusive franchise or privilege shall be granted for the use of any
street, alley, highway, or public place or any part thereof.
[1965 c 7 § 35.23.380. Prior: 1907 c 241 § 32; RRS § 9039.]
35.23.380
35.23.410 Leasing of street ends on waterfront. The
city council may lease for business purposes portions of the
ends of streets terminating in the waterfront or navigable
waters of the city with the written consent of all the property
owners whose properties abut upon the portion proposed to
be leased. The lease may be made for any period not exceeding fifteen years but must provide that at intervals of every
five years during the term, the rental to be paid by the lessee
shall be readjusted between him and the city by mutual agreement, or if they cannot agree by a board of arbitration, one to
be chosen by the city, one by the lessee and the third by the
other two, their decision to be final. The vote of two-thirds of
all the councilmen elected is necessary to authorize such a
lease. [1965 c 7 § 35.23.410. Prior: 1907 c 241 § 67, part;
RRS § 9070, part.]
35.23.410
35.23.420 Notice of lease to be published before execution. No lease of a portion of the end of a street terminat35.23.420
[Title 35 RCW—page 118]
35.23.440 Specific powers enumerated. The city
council of each second-class city shall have power and
authority:
(1) Ordinances: To make and pass all ordinances,
orders, and resolutions not repugnant to the Constitution of
the United States or the state of Washington, or the provisions of this title, necessary for the municipal government
and management of the affairs of the city, for the execution of
the powers vested in said body corporate, and for the carrying
into effect of the provisions of this title.
(2) License of shows: To fix and collect a license tax, for
the purposes of revenue and regulation, on theatres, melodeons, balls, concerts, dances, theatrical, circus, or other performances, and all performances where an admission fee is
charged, or which may be held in any house or place where
wines or liquors are sold to the participators; also all shows,
billiard tables, pool tables, bowling alleys, exhibitions, or
amusements.
(3) Hotels, etc., licenses: To fix and collect a license tax
for the purposes of revenue and regulation on and to regulate
all taverns, hotels, restaurants, banks, brokers, manufactories,
livery stables, express companies and persons engaged in
transmitting letters or packages, railroad, stage, and steamboat companies or owners, whose principal place of business
is in such city, or who have an agency therein.
(4) Peddlers’, etc., licenses: To license, for the purposes
of revenue and regulation, tax, prohibit, suppress, and regulate all raffles, hawkers, peddlers, pawnbrokers, refreshment
or coffee stands, booths, or sheds; and to regulate as authorized by state law all tippling houses, dram shops, saloons,
bars, and barrooms.
(5) Dance houses: To prohibit or suppress, or to license
and regulate all dance houses, fandango houses, or any exhibition or show of any animal or animals.
(2008 Ed.)
Second-Class Cities
(6) License vehicles: To license for the purposes of revenue and regulation, and to tax hackney coaches, cabs, omnibuses, drays, market wagons, and all other vehicles used for
hire, and to regulate their stands, and to fix the rates to be
charged for the transportation of persons, baggage, and property.
(7) Hotel runners: To license or suppress runners for
steamboats, taverns, or hotels.
(8) License generally: To fix and collect a license tax for
the purposes of revenue and regulation, upon all occupations
and trades, and all and every kind of business authorized by
law not heretofore specified. However, on any business,
trade, or calling not provided by law to be licensed for state
and county purposes, the amount of license shall be fixed at
the discretion of the city council, as they may deem the interests and good order of the city may require. A city may not
require a business to be licensed based solely upon registration under or compliance with the streamlined sales and use
tax agreement.
(9) Riots: To prevent and restrain any riot or riotous
assemblages, disturbance of the peace, or disorderly conduct
in any place, house, or street in the city.
(10) Nuisances: To declare what shall be deemed nuisances; to prevent, remove, and abate nuisances at the
expense of the parties creating, causing, or committing or
maintaining the same, and to levy a special assessment on the
land or premises whereon the nuisance is situated to defray
the cost or to reimburse the city for the cost of abating the
same.
(11) Stock pound: To establish, maintain, and regulate a
common pound for estrays, and to appoint a poundkeeper,
who shall be paid out of the fines and fees imposed and collected of the owners of any animals impounded, and from no
other source; to prevent and regulate the running at large of
any and all domestic animals within the city limits or any
parts thereof, and to regulate or prevent the keeping of such
animals within any part of the city.
(12) Control of certain trades: To control and regulate
slaughterhouses, washhouses, laundries, tanneries, forges,
and offensive trades, and to provide for their exclusion or
removal from the city limits, or from any part thereof.
(13) Street cleaning: To provide, by regulation, for the
prevention and summary removal of all filth and garbage in
streets, sloughs, alleys, back yards, or public grounds of such
city, or elsewhere therein.
(14) Gambling, etc.: To prohibit and suppress all gaming and all gambling or disorderly houses, and houses of ill
fame, and all immoral and indecent amusements, exhibitions,
and shows.
(15) Markets: To establish and regulate markets and
market places.
(16) Speed of railroad cars: To fix and regulate the speed
at which any railroad cars, streetcars, automobiles, or other
vehicles may run within the city limits, or any portion
thereof.
(17) City commons: To provide for and regulate the
commons of the city.
(18) Fast driving: To regulate or prohibit fast driving or
riding in any portion of the city.
(19) Combustibles: To regulate or prohibit the loading
or storage of gunpowder and combustible or explosive mate(2008 Ed.)
35.23.440
rials in the city, or transporting the same through its streets or
over its waters.
(20) Property: To have, purchase, hold, use, and enjoy
property of every name or kind whatsoever, and to sell, lease,
transfer, mortgage, convey, control, or improve the same; to
build, erect, or construct houses, buildings, or structures of
any kind needful for the use or purposes of such city.
(21) Fire department: To establish, continue, regulate,
and maintain a fire department for such city, to change or
reorganize the same, and to disband any company or companies of the said department; also, to discontinue and disband
said fire department, and to create, organize, establish, and
maintain a paid fire department for such city.
(22) Water supply: To adopt, enter into, and carry out
means for securing a supply of water for the use of such city
or its inhabitants, or for irrigation purposes therein.
(23) Overflow of water: To prevent the overflow of the
city or to secure its drainage, and to assess the cost thereof to
the property benefited.
(24) House numbers: To provide for the numbering of
houses.
(25) Health board: To establish a board of health; to prevent the introduction and spread of disease; to establish a city
infirmary and to provide for the indigent sick; and to provide
and enforce regulations for the protection of health, cleanliness, peace, and good order of the city; to establish and maintain hospitals within or without the city limits; to control and
regulate interments and to prohibit them within the city limits.
(26) Harbors and wharves: To build, alter, improve,
keep in repair, and control the waterfront; to erect, regulate,
and repair wharves, and to fix the rate of wharfage and transit
of wharf, and levy dues upon vessels and commodities; and
to provide for the regulation of berths, landing, stationing,
and removing steamboats, sail vessels, rafts, barges, and all
other watercraft; to fix the rate of speed at which steamboats
and other steam watercraft may run along the waterfront of
the city; to build bridges so as not to interfere with navigation; to provide for the removal of obstructions to the navigation of any channel or watercourses or channels.
(27) License of steamers: To license steamers, boats,
and vessels used in any watercourse in the city, and to fix and
collect a license tax thereon.
(28) Ferry licenses: To license ferries and toll bridges
under the law regulating the granting of such license.
(29) Penalty for violation of ordinances: To provide that
violations of ordinances with the punishment for any offense
not exceeding a fine of five thousand dollars or imprisonment
for more than one year, or both fine and imprisonment, but
the punishment for any criminal ordinance shall be the same
as the punishment provided in state law for the same crime.
Alternatively, such a city may provide that a violation of an
ordinance constitutes a civil violation subject to monetary
penalties or to determine and impose fines for forfeitures and
penalties, but no act which is a state crime may be made a
civil violation. A violation of an order, regulation, or ordinance relating to traffic including parking, standing, stopping, and pedestrian offenses is a traffic infraction, except
that violation of an order, regulation, or ordinance equivalent
to those provisions of Title 46 RCW set forth in RCW
46.63.020 remains a misdemeanor.
[Title 35 RCW—page 119]
35.23.440
Title 35 RCW: Cities and Towns
(30) Police department: To create and establish a city
police; to prescribe their duties and their compensation; and
to provide for the regulation and government of the same.
(31) Examine official accounts: To examine, either in
open session or by committee, the accounts or doings of all
officers or other persons having the care, management, or disposition of moneys, property, or business of the city.
(32) Contracts: To make all appropriations, contracts, or
agreements for the use or benefit of the city and in the city’s
name.
(33) Streets and sidewalks: To provide by ordinance for
the opening, laying out, altering, extending, repairing, grading, paving, planking, graveling, macadamizing, or otherwise
improving of public streets, avenues, and other public ways,
or any portion of any thereof; and for the construction, regulation, and repair of sidewalks and other street improvements,
all at the expense of the property to be benefited thereby,
without any recourse, in any event, upon the city for any portion of the expense of such work, or any delinquency of the
property holders or owners, and to provide for the forced sale
thereof for such purposes; to establish a uniform grade for
streets, avenues, sidewalks, and squares, and to enforce the
observance thereof.
(34) Waterways: To clear, cleanse, alter, straighten,
widen, fill up, or close any waterway, drain, or sewer, or any
watercourse in such city when not declared by law to be navigable, and to assess the expense thereof, in whole or in part,
to the property specially benefited.
(35) Sewerage: To adopt, provide for, establish, and
maintain a general system of sewerage, draining, or both, and
the regulation thereof; to provide funds by local assessments
on the property benefited for the purpose aforesaid and to
determine the manner, terms, and place of connection with
main or central lines of pipes, sewers, or drains established,
and compel compliance with and conformity to such general
system of sewerage or drainage, or both, and the regulations
of said council thereto relating, by the infliction of suitable
penalties and forfeitures against persons and property, or
either, for nonconformity to, or failure to comply with the
provisions of such system and regulations or either.
(36) Buildings and parks: To provide for all public
buildings, public parks, or squares, necessary or proper for
the use of the city.
(37) Franchises: To permit the use of the streets for railroad or other public service purposes.
(38) Payment of judgments: To order paid any final
judgment against such city, but none of its lands or property
of any kind or nature, taxes, revenue, franchise, or rights, or
interest, shall be attached, levied upon, or sold in or under any
process whatsoever.
(39) Weighing of fuel: To regulate the sale of coal and
wood in such city, and may appoint a measurer of wood and
weigher of coal for the city, and define his duties, and may
prescribe his term of office, and the fees he shall receive for
his services: PROVIDED, That such fees shall in all cases be
paid by the parties requiring such service.
(40) Hospitals, etc.: To erect and establish hospitals and
pesthouses and to control and regulate the same.
(41) Waterworks: To provide for the erection, purchase,
or otherwise acquiring of waterworks within or without the
corporate limits of the city to supply such city and its inhab[Title 35 RCW—page 120]
itants with water, and to regulate and control the use and price
of the water so supplied.
(42) City lights: To provide for lighting the streets and
all public places of the city and for furnishing the inhabitants
of the city with gas, electric, or other light, and for the ownership, purchase or acquisition, construction, or maintenance
of such works as may be necessary or convenient therefor:
PROVIDED, That no purchase of any such water plant or
light plant shall be made without first submitting the question
of such purchase to the electors of the city.
(43) Parks: To acquire by purchase or otherwise land for
public parks, within or without the limits of the city, and to
improve the same.
(44) Bridges: To construct and keep in repair bridges,
and to regulate the use thereof.
(45) Power of eminent domain: In the name of and for
the use and benefit of the city, to exercise the right of eminent
domain, and to condemn lands and property for the purposes
of streets, alleys, parks, public grounds, waterworks, or for
any other municipal purpose and to acquire by purchase or
otherwise such lands and property as may be deemed necessary for any of the corporate uses provided for by this title, as
the interests of the city may from time to time require.
(46) To provide for the assessment of taxes: To provide
for the assessment, levying, and collecting of taxes on real
and personal property for the corporate uses and purposes of
the city and to provide for the payment of the debts and
expenses of the corporation.
(47) Local improvements: To provide for making local
improvements, and to levy and collect special assessments on
the property benefited thereby and for paying the same or any
portion thereof; to determine what work shall be done or
improvements made, at the expense, in whole or in part, of
the adjoining, contiguous, or proximate property, and to provide for the manner of making and collecting assessments
therefor.
(48) Cemeteries: To regulate the burial of the dead and
to establish and regulate cemeteries, within or without the
corporate limits, and to acquire lands therefor by purchase or
otherwise.
(49) Fire limits: To establish fire limits with proper regulations and to make all needful regulations for the erection
and maintenance of buildings or other structures within the
corporate limits as safety of persons or property may require,
and to cause all such buildings and places as may from any
cause be in a dangerous state to be put in a safe condition; to
regulate the manner in which stone, brick, and other buildings, party walls, and partition fences shall be constructed
and maintained.
(50) Safety and sanitary measures: To require the owners of public halls, theaters, hotels, and other buildings to provide suitable means of exit and proper fire escapes; to provide
for the cleaning and purification of watercourses and canals
and for the draining and filling up of ponds on private property within its limits when the same shall be offensive to the
senses or dangerous to the health, and to charge the expense
thereof to the property specially benefited, and to regulate
and control and provide for the prevention and punishment of
the defilement or pollution of all streams running in or
through its corporate limits and a distance of five miles
beyond its corporate limits, and of any stream or lake from
(2008 Ed.)
Second-Class Cities
which the water supply of the city is or may be taken and for
a distance of five miles beyond its source of supply, and to
make all quarantine and other regulations as may be necessary for the preservation of the public health and to remove
all persons afflicted with any contagious disease to some suitable place to be provided for that purpose.
(51) To regulate liquor traffic: To regulate the selling or
giving away of intoxicating, spirituous, malt, vinous, mixed,
or fermented liquors as authorized by the general laws of the
state.
(52) To establish streets on tidelands: To project or
extend or establish streets over and across any tidelands
within the limits of such city.
(53) To provide for the general welfare. [2008 c 129 § 2;
1994 c 81 § 19; 1993 c 83 § 5; 1986 c 278 § 4. Prior: 1984 c
258 § 803; 1984 c 189 § 5; 1979 ex.s. c 136 § 28; 1977 ex.s.
c 316 § 21; 1965 ex.s. c 116 § 7; 1965 c 7 § 35.23.440; prior:
1907 c 241 § 29; 1890 p 148 § 38; RRS § 9034.]
Effective date—1994 c 81 § 19: "Section 19 of this act shall take effect
July 1, 1994." [1994 c 81 § 91.]
Effective date—1993 c 83: See note following RCW 35.21.163.
Severability—1986 c 278: See note following RCW 36.01.010.
35.23.456
leased. No lease of streets or waterfront shall be for longer
than ten years and the rental therefor shall be fixed by the city
council. Every such lease shall contain a clause that at intervals of every five years during the term thereof the rental to
be paid by the lessee shall be readjusted between the lessee
and the city by mutual agreement, or in default of such
mutual agreement that the rental shall be fixed by arbitrators
to be appointed one by the city council, one by the lessee and
the third by the two thus appointed. No such lease shall be
made until the city council has first caused notice thereof to
be published in the official newspaper of such city at least fifteen days and in one issue thereof each week prior to the making of such lease, which notice shall describe the portion of
the street proposed to be leased, to whom, for what purpose,
and the rental to be charged therefor. The city may improve
part of such waterfront or street extensions by building
inclines, wharves, gridirons and other accommodations for
shipping, commerce and navigation and may charge and collect for service and use thereof reasonable rates and tolls.
[1965 c 7 § 35.24.300. Prior: 1963 c 155 § 1; 1915 c 184 §
15; RRS § 9128. Formerly RCW 35.24.300.]
35.23.454 Additional powers—Parking meter revenue for revenue bonds. All second-class cities and towns
are authorized to use parking meter revenue as a base for
obtaining revenue bonds for use in improvement of streets,
roads, alleys, and such other related public works. [1994 c 81
§ 44; 1965 c 7 § 35.24.305. Prior: 1957 c 166 § 1. Formerly
RCW 35.24.305.]
35.23.454
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1977 ex.s. c 316: See note following RCW 70.48.020.
35.23.442 City and town license fees and taxes on
financial institutions. See chapter 82.14A RCW.
35.23.442
35.23.455 Additional powers—Construction and
operation of boat harbors, marinas, docks, etc. The legislative body of any second-class city or town which contains,
or abuts upon, any bay, lake, sound, river or other navigable
waters, may construct, operate and maintain any boat harbor,
marina, dock or other public improvement, for the purposes
of commerce, recreation or navigation. [1994 c 81 § 20; 1965
c 154 § 1.]
35.23.455
35.23.443 City license fees or taxes on certain business activities to be at a single uniform rate. See RCW
35.21.710.
35.23.443
35.23.444 Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility. See chapter 80.58 RCW.
35.23.444
35.23.445 Hydroelectric resources—Separate legal
authority—Creation by irrigation districts and cities,
towns, or public utility districts. See RCW 87.03.825
through 87.03.840.
35.23.445
35.23.452 Additional powers—Acquisition, control,
and disposition of property. The city council of such city
shall have power to purchase, lease, or otherwise acquire real
estate and personal property necessary or proper for municipal purposes and to control, lease, sublease, convey or otherwise dispose of the same; to acquire and plat land for cemeteries and parks and provide for the regulation thereof,
including but not limited to the right to lease any waterfront
and other lands adjacent thereto owned by it for manufacturing, commercial or other business purposes; including but not
limited to the right to lease for wharf, dock and other purposes of navigation and commerce such portions of its streets
which bound upon or terminate in its waterfront or the navigable waters of such city, subject, however, to the written
consent of the lessees of a majority of the square feet frontage
of the harbor area abutting on any street proposed to be so
35.23.452
(2008 Ed.)
35.23.456 Additional powers—Ambulances and first
aid equipment. A second-class city, where commercial
ambulance service is not readily available, shall have the
power:
(1) To authorize the operation of municipally-owned
ambulances which may serve the city and may serve for
emergencies surrounding rural areas;
(2) To authorize the operation of other municipallyowned first aid equipment which may serve the city and surrounding rural areas;
(3) To contract with the county or with another municipality for emergency use of city-owned ambulances or other
first aid equipment: PROVIDED, That the county or other
municipality shall contribute at least the cost of maintenance
and operation of the equipment attributable to its use thereof;
and
(4) To provide that such ambulance service may be used
to transport persons in need of emergency hospital care to
hospitals beyond the city limits.
The council may, in its discretion, make a charge for the
service authorized by this section: PROVIDED, That such
35.23.456
[Title 35 RCW—page 121]
35.23.457
Title 35 RCW: Cities and Towns
ambulance service shall not enter into competition or competitive bidding where private ambulance service is available. [1994 c 81 § 45; 1965 c 7 § 35.24.306. Prior: 1963 c
131 § 1. Formerly RCW 35.24.306.]
Members of the publicity board shall serve without
remuneration. [1965 c 7 § 35.23.480. Prior: 1913 c 57 § 2,
part; RRS § 9036, part.]
35.23.490 Limitations on use of publicity fund. All
expenditures shall be made under direction of the board of
publicity. No part of the publicity fund shall ever be paid to
any newspaper, magazine, or periodical published within the
city or county in which the city is situated, for advertising, or
write-ups or for any other service or purpose and no part of
the fund shall be expended for the purpose of making exhibits
at any fair, exposition or the like. [1965 c 7 § 35.23.490.
Prior: 1913 c 57 § 2, part; RRS § 9036, part.]
35.23.490
35.23.457 Conveyance or lease of space above real
property or structures or improvements. See RCW
35.22.302.
35.23.457
35.23.460 Employees’ group insurance—False arrest
insurance. Subject to chapter 48.62 RCW, any second-class
city or town may contract with an insurance company authorized to do business in this state to provide group insurance
for its employees including group false arrest insurance for
its law enforcement personnel, and pursuant thereto may use
a portion of its revenues to pay an employer’s portion of the
premium for such insurance, and may make deductions from
the payrolls of employees for the amount of the employees’
contribution and may apply the amount deducted in payment
of the employees’ portion of the premium. [1994 c 81 § 21;
1991 sp.s. c 30 § 19; 1965 c 7 § 35.23.460. Prior: 1963 c 127
§ 1; 1947 c 162 § 1; RRS § 9592-160.]
35.23.460
Effective date, implementation, application—Severability—1991
sp.s. c 30: See RCW 48.62.900 and 48.62.901.
35.23.470 Publicity fund. Every city of the second
class may create a publicity fund to be used exclusively for
exploiting and advertising the general advantages and opportunities of the city and its vicinity. After providing by ordinance for a publicity fund the city council may use therefor
an annual amount not exceeding sixty-two and one-half cents
per thousand dollars of assessed valuation of the taxable
property in the city. [1994 c 81 § 22; 1973 1st ex.s. c 195 §
16; 1965 c 7 § 35.23.470. Prior: 1913 c 57 § 1; RRS § 9035.]
35.23.470
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
35.23.480 Publicity board. The publicity board administering the publicity fund shall consist of three members
nominated by a recognized commercial organization in the
city, then appointed by the mayor and confirmed by at least a
two-thirds vote of the city council. The commercial organization must be incorporated, must be representative and public,
devoted exclusively to the work usually devolving upon such
organizations and have not less than two hundred bona fide
dues-paying members; if more than one organization in the
city meets the qualifications, the oldest one shall be designated to make the nominations.
Members of the publicity board must be resident property owners and voters in the city and after their appointment
and confirmation must qualify by taking the oath of office
and filing a bond with the city in the sum of one thousand dollars conditioned upon the faithful performance of their duties.
They shall be appointed in December and their terms shall be
for one year commencing on the second Monday in January
after their appointment and until their successors are
appointed and qualified. Any member of the board may be
removed by the mayor at the request of the organization
which nominated the members after a majority vote of the
entire membership of the organization favoring the removal,
taken at a regular meeting.
35.23.480
[Title 35 RCW—page 122]
35.23.505 Local improvement guaranty fund—
Investment in city’s own guaranteed bonds. The city treasurer of any second-class city, by and with the consent of the
city council or finance committee of the city council, may
invest any portion of its local improvement guaranty fund in
the city’s own guaranteed local improvement bonds in an
amount not to exceed ten percent of the total issue of bonds in
any one local improvement district: PROVIDED, That no
such investment shall be made in an amount which will affect
the ability of the local improvement guaranty fund to meet its
obligations as they accrue, and that if all the bonds have the
same maturity, the bonds having the highest numbers shall be
purchased.
The interest received shall be credited to the local
improvement guaranty fund. [1994 c 81 § 48; 1965 c 7 §
35.24.400. Prior: 1941 c 145 § 2; RRS § 9138-2. Formerly
RCW 35.24.400.]
35.23.505
Local improvements
bonds and warrants: Chapter 35.45 RCW.
nonguaranteed bonds: Chapter 35.48 RCW.
35.23.515 Utilities—City may contract for service or
construct own facilities. The city council of every city of
the second class may contract for supplying the city with
water, light, power, and heat for municipal purposes; and
within or without the city may acquire, construct, repair, and
manage pumps, aqueducts, reservoirs, plants, or other works
necessary or proper for irrigation purposes or for supplying
water, light, power, or heat or any byproduct thereof for the
use of the city and any person within the city and dispose of
any excess of its supply to any person without the city. [1994
c 81 § 49; 1965 c 7 § 35.24.410. Prior: 1917 c 124 § 1, part;
1915 c 184 § 16, part; RRS § 9129, part. Formerly RCW
35.24.410.]
35.23.515
35.23.525 Utilities—Method of acquisition—Bonds.
To pay the original cost of water, light, power, or heat systems, every city of the second class may issue:
(1) General bonds to be retired by general tax levies
against all the property within the city limits then existing or
as they may thereafter be extended; or
(2) Utility bonds under the general authority given to all
cities for the acquisition or construction of public utilities.
Extensions to plants may be made either
(1) By general bond issue,
(2) By general tax levies, or
35.23.525
(2008 Ed.)
Second-Class Cities
(3) By creating local improvement districts in accordance with statutes governing their establishment. [1994 c 81
§ 50; 1965 c 7 § 35.24.420. Prior: 1917 c 124 § 1, part; 1915
c 184 § 16, part; RRS § 9129, part. Formerly RCW
35.24.420.]
35.23.535 Utilities—Maintenance and operation—
Rates. No taxes shall be imposed for maintenance and operating charges of city owned water, light, power, or heating
works or systems.
Rates shall be fixed by ordinance for supplying water,
light, power, or heat for commercial, domestic, or irrigation
purposes sufficient to pay for all operating and maintenance
charges. If the rates in force produce a greater amount than is
necessary to meet operating and maintenance charges, the
rates may be reduced or the excess income may be transferred
to the city’s current expense fund.
Complete separate accounts for municipal utilities must
be kept under the system and on forms prescribed by the state
auditor.
The term "maintenance and operating charges," as used
in this section includes all necessary repairs, replacement,
interest on any debts incurred in acquiring, constructing,
repairing and operating plants and departments and all depreciation charges. This term shall also include an annual charge
equal to four percent on the cost of the plant or system, as
determined by the state auditor to be paid into the current
expense fund, except that where utility bonds have been or
may hereafter be issued and are unpaid no payment shall be
required into the current expense fund until such bonds are
paid. [1995 c 301 § 37; 1965 c 7 § 35.24.430. Prior: 1917 c
124 § 1, part; 1915 c 184 § 16, part; RRS § 9129, part. Formerly RCW 35.24.430.]
35.23.535
35.23.545 Procedure to attack consolidation or
annexation of territory. Proceedings attacking the validity
of the consolidation of a city of the second class or the annexation of territory to a city of the second class shall be by quo
warranto only, instituted by the prosecuting attorney of the
county in which the city is located or by a person interested in
the proceedings whose interest must clearly be shown. The
quo warranto proceedings must be commenced within one
year after the consolidation or annexation proceedings complained of and no error, irregularity, or defect of any kind
shall be the basis for invalidating a consolidation or annexation after one year. [1994 c 81 § 51; 1965 c 7 § 35.24.440.
Prior: 1923 c 153 § 1; RRS § 8913-1. Formerly RCW
35.24.440.]
35.23.545
Validating—1923 c 153: "All proceedings for the consolidation of cities of the third class and for the annexation of any unincorporated territory
described in any abstract filed with the secretary of state in any such annexation proceeding to a city of the third class heretofore had, or attempted to be
had, and over which such consolidated cities or annexed territory such city
has exercised jurisdiction for a period of one year after the filing of such
abstract with the secretary of state, are hereby ratified and validated as of the
date of filing such abstract, irrespective of the fact that such consolidated cities, or any part thereof, are separated by a body of navigable water or that
such annexed territory, or any part thereof, is separated from such city by a
body of navigable water, and irrespective of any failure to file a petition for
such consolidation or annexation, or to give proper notice of election or of
any other defect occurring in such consolidation or annexation proceedings,
and all territory so sought to be annexed is hereby declared to be a part of
such annexing city as of the date of filing such abstract, and such cities so
(2008 Ed.)
35.23.570
consolidated are hereby declared to be one municipal corporation as of the
date of filing such abstract. All proceedings since the date of the filing of
such abstract heretofore had or attempted to be had by any such city within
or including such annexed territory, or any part thereof, in the creation of
local improvement districts and the making of local improvements, the levying of special assessments and the issuance of bonds therein and also in the
levy of taxes, making of contracts, incurring of indebtedness and the issuance of bonds therefor are hereby ratified, validated and confirmed. PROVIDED, That nothing in this act contained shall affect the rights of any parties in any proceedings now pending in any court of record in this state and
the rights of such parties therein shall be determined and adjudicated as the
same existed prior to the passage of this act." [1923 c 153 § 2.] This applies
to RCW 35.23.545.
35.23.555 Criminal code repeals by city operating
municipal court—Agreement covering costs of handling
resulting criminal cases—Arbitration. A city of the second class operating a municipal court may not repeal in its
entirety that portion of its municipal code defining crimes or
repeal a provision of its municipal code which defines a
crime equivalent to an offense listed in RCW 46.63.020
unless the municipality has reached an agreement with the
appropriate county under chapter 39.34 RCW under which
the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. The
agreement shall include provisions for periodic review and
renewal of the terms of the agreement. If the municipality
and the county are unable to agree on the terms for renewal of
the agreement, they shall be deemed to have entered into an
agreement to submit the issue to arbitration under chapter
7.04A RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The
municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to
submit to arbitration under chapter 7.04A RCW. [2005 c 433
§ 39; 1994 c 81 § 52; 1984 c 258 § 206. Formerly RCW
35.24.455.]
35.23.555
Application—Captions not law—Savings—Effective date—2005 c
433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
35.23.560 Waterworks—Construction by city or by
district assessments. All cities and towns within the state,
other than cities of the first class, which are empowered to
construct waterworks for irrigation and domestic purposes,
may do so either by the entire city or by assessment districts
as the mayor and council may determine. [1965 c 7 §
35.23.560. Prior: 1901 c 117 § 1; RRS § 9526.]
35.23.560
35.23.570 Waterworks—Plans—Special assessments. Before letting any contract for the construction of
any waterworks for irrigation and domestic purposes, the
mayor and council shall by ordinance or resolution adopt the
plans therefor and shall fix and establish the assessment district, if the same is to be constructed at the expense of the district, and such cities and towns are authorized to charge the
expense of such waterworks for irrigation and domestic purposes to all the property included within such district which
is contiguous or proximate to any streets in which any main
pipe or lateral pipe of such waterworks for irrigation and
domestic purposes, is to be placed, and to levy special assess35.23.570
[Title 35 RCW—page 123]
35.23.580
Title 35 RCW: Cities and Towns
ments upon such property to pay therefor, which assessment
shall be levied in accordance with the last general assessment
of the property within said district for city purposes. [1994 c
81 § 23; 1965 c 7 § 35.23.570. Prior: 1901 c 117 § 2; RRS §
9527.]
Prior: 1963 c 200 § 14; 1959 c 86 § 3; prior: (i) 1951 c 71 §
1; 1909 c 120 § 4; 1907 c 241 § 3; RRS § 9008. (ii) 1951 c 71
§ 1; 1907 c 241 § 4; RRS § 9009. Formerly RCW 35.23.040.]
*Reviser’s note: RCW 29.04.170 was recodified as RCW 29A.20.040
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Severability—1987 c 3: See note following RCW 3.70.010.
35.23.580 Waterworks—Procedure—Bonds. For the
purpose of providing for, constructing and maintaining such
waterworks for irrigation and domestic purposes and issuing
bonds to pay therefor, such cities and towns may proceed in
all ways in accordance with, and apply all the provisions of,
law relating to local improvement assessments. [1965 c 7 §
35.23.580. Prior: 1901 c 117 § 3; RRS § 9528.]
35.23.580
35.23.680 Cities of ten thousand or more may frame
charter without changing classification. See chapter
35.22 RCW.
35.23.680
35.23.705 Purchase of electric power and energy
from joint operating agency. A city of the second class may
contract to purchase from a joint operating agency electric
power and energy required for its present or future requirements. For projects the output of which is limited to qualified
al t e r n a ti v e e n e r g y r e s o u r ce s a s d e f i n e d b y R C W
19.29A.090(3), the contract may include the purchase of
capability of the projects to produce electricity in addition to
the actual output of the projects. The contract may provide
that the city must make the payments required by the contract
whether or not a project is completed, operable, or operating
and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or
the power and energy contracted for. The contract may also
provide that payments under the contract are not subject to
reduction, whether by offset or otherwise, and shall not be
conditioned upon the performance or nonperformance of the
joint operating agency or a city, town, or public utility district
under the contract or other instrument. [2003 c 138 § 5.]
35.23.705
35.23.800 Code city retaining former second-class
city plan—Elective officers. In a city initially classified as a
second-class city prior to January 1, 1993, that retained its
second-class city plan of government when the city reorganized as a noncharter code city, the elective officers shall
consist of a mayor, twelve councilmembers, a city clerk, and
a city treasurer. [1994 c 81 § 24; 1987 c 3 § 6; 1965 c 7 §
35.23.020. Prior: 1949 c 83 § 1; 1907 c 241 § 2; RRS § 9007.
Formerly RCW 35.23.020.]
35.23.800
Severability—1987 c 3: See note following RCW 3.70.010.
35.23.805 Code city retaining former second-class
city plan—Elections—Terms of office. In a city initially
classified as a second-class city prior to January 1, 1993, that
retained its second-class city plan of government when the
city reorganized as a noncharter code city, the terms of office
of mayor, city clerk, city treasurer and councilmembers shall
be four years, and until their successors are elected and qualified and assume office in accordance with *RCW 29.04.170,
but not more than six councilmembers normally shall be
elected in any one year to fill a full term. [1994 c 81 § 25;
1987 c 3 § 7; 1979 ex.s. c 126 § 21; 1965 c 7 § 35.23.040.
35.23.805
[Title 35 RCW—page 124]
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
35.23.810 Code city retaining former second-class
city plan—Mayor—General duties. In a city initially classified as a second-class city prior to January 1, 1993, that
retained its second-class city plan of government when the
city reorganized as a noncharter code city, the mayor shall be
the chief executive officer of the city and shall:
(1) Have general supervision over the several departments of the city government and over all its interests;
(2) Preside over the city council when present;
(3) Once in three months, submit a general statement of
the condition of the various departments and recommend to
the city council such measures as the mayor deems expedient
for the public health or improvement of the city, its finances
or government; and
(4) Countersign all warrants and licenses, deeds, leases
and contracts requiring signature issued under and by authority of the city.
If there is a vacancy in the office of mayor or the mayor
is absent from the city, or is unable from any cause to discharge the duties of the office, the president of the council
shall act as mayor, exercise all the powers and be subject to
all the duties of the mayor. [1994 c 81 § 26; 1965 c 7 §
35.23.080. Prior: (i) 1907 c 241 § 16, part; RRS § 9021, part.
(ii) 1907 c 241 § 17, part; RRS § 9022, part. Formerly RCW
35.23.080.]
35.23.810
35.23.815 Code city retaining former second-class
city plan—Appointive officers. In a city initially classified
as a second-class city prior to January 1, 1993, that retained
its second-class city plan of government when the city reorganized as a noncharter code city, the appointive officers
shall be a chief of police, city attorney, health officer, and
street commissioner; the council may also create by ordinance the offices of superintendent of irrigation, city engineer, harbor master, pound keeper, city jailer, chief of the fire
department, and any other offices necessary to discharge the
functions of the city and for whose election or appointment
no other provision is made. If a paid fire department is established therein a chief engineer and one or more assistant engineers may be appointed. If a free library and reading room is
established therein five library trustees shall be appointed.
The council by ordinance shall prescribe the duties of the
officers and fix their compensation subject to the provisions
of any statutes pertaining thereto. [1994 c 81 § 27; 1965 c 7
§ 35.23.120. Prior: 1949 c 83 § 2; Rem. Supp. 1949 § 9007A.
Formerly RCW 35.23.120.]
35.23.815
35.23.820 Code city retaining former second-class
city plan—Health officer. In a city initially classified as a
second-class city prior to January 1, 1993, that retained its
second-class city plan of government when the city reorganized as a noncharter code city, the council shall create the
35.23.820
(2008 Ed.)
Second-Class Cities
office of city health officer, prescribe the duties and qualifications of this office and fix the compensation for the office.
[1994 c 81 § 28; 1965 c 7 § 35.23.150. Prior: 1907 c 241 §
64; RRS § 9067. Formerly RCW 35.23.150.]
35.23.825
35.23.825 Code city retaining former second-class
city plan—Street commissioner. In a city initially classified as a second-class city prior to January 1, 1993, that
retained its second-class city plan of government when the
city reorganized as a noncharter code city, the street commissioner shall be under the direction of the mayor and city
council shall have control of the streets and public places of
the city and shall perform such duties as the city council may
prescribe. [1994 c 81 § 29; 1965 c 7 § 35.23.160. Prior: 1907
c 241 § 23; RRS § 9028. Formerly RCW 35.23.160.]
35.23.830
35.23.830 Code city retaining former second-class
city plan—Appointment of officers—Confirmation. In a
city initially classified as a second-class city prior to January
1, 1993, that retained its second-class city plan of government when the city reorganized as a noncharter code city, the
mayor shall appoint all the appointive officers of the city subject to confirmation by the city council. If the council refuses
to confirm any nomination of the mayor, the mayor shall
nominate another person for that office within ten days thereafter, and may continue to so nominate until a nominee is
confirmed. If the mayor fails to make another nomination for
the same office within ten days after the rejection of a nominee, the city council shall elect a suitable person to fill the
office during the term. The affirmative vote of not less than
seven councilmembers is necessary to confirm any nomination made by the mayor. [1994 c 81 § 30; 1965 c 7 §
35.23.180. Prior: 1907 c 241 § 8, part; 1890 p 145 § 25; RRS
§ 9013, part. Formerly RCW 35.23.180.]
35.23.835
35.23.835 Code city retaining former second-class
city plan—Oath and bond of officers. Before entering
upon official duties and within ten days after receiving notice
of being elected or appointed to city office, every officer of a
city initially classified as a second-class city prior to January
1, 1993, that retained its second-class city plan of government when the city reorganized as a noncharter code city
shall qualify by taking the oath of office and by filing such
bond duly approved as may be required. The oath of office
shall be filed with the county auditor. If no notice of election
or appointment was received, the officer must qualify on or
before the date fixed for the assumption of the duties of the
office. The city council shall fix the amount of all official
bonds and may designate what officers shall be required to
give bonds in addition to those required to do so by statute.
All official bonds shall be approved by the city council
and when so approved shall be filed with the city clerk except
the city clerk’s which shall be filed with the mayor. No city
officer shall be eligible as a surety upon any bond running to
the city as obligee.
The city council may require a new or additional bond of
any officer whenever it deems it expedient. [1994 c 81 § 31;
1987 c 3 § 8; 1986 c 167 § 17; 1965 c 7 § 35.23.190. Prior:
(i) 1907 c 241 § 10, part; 1890 p 145 § 29; RRS § 9015, part.
(2008 Ed.)
35.23.850
(ii) 1907 c 241 § 11; 1890 p 145 § 29; RRS § 9016. Formerly
RCW 35.23.190.]
Severability—1987 c 3: See note following RCW 3.70.010.
Severability—1986 c 167: See note following RCW 29A.04.049.
35.23.840 Code city retaining former second-class
city plan—City council—How constituted. In a city initially classified as a second-class city prior to January 1,
1993, that retained its second-class city plan of government
when the city reorganized as a noncharter code city, the
mayor and twelve councilmembers shall constitute the city
council. At the first council meeting in each calendar year,
the city council shall elect one of their own body to serve as
president of the council.
The mayor shall preside at all meetings at which the
mayor is present. In the absence of the mayor, the president
of the council shall preside. In the absence of both the mayor
and the president of the council, the council may elect a president pro tempore from its own body. The president pro tempore shall have all the powers of the president of the council
during the session of the council at which the president pro
tempore is presiding. [1994 c 81 § 32; 1965 c 7 § 35.23.250.
Prior: (i) 1907 c 241 § 17, part; RRS § 9022, part. (ii) 1907 c
247 § 27; RRS § 9032. (iii) 1907 c 241 § 28, part; 1890 p 148
§ 37; RRS § 9033, part. Formerly RCW 35.23.250.]
35.23.840
35.23.845 Code city retaining former second-class
city plan—City council—Presiding officer—Voting
rights. In a city initially classified as a second-class city
prior to January 1, 1993, that retained its second-class city
plan of government when the city reorganized as a noncharter
code city, the mayor shall have a vote only in the case of a tie
in the votes of the councilmembers. The president of the
council while presiding or the president pro tempore shall
have the right to vote upon all questions coming before the
council.
A majority of all the members elected shall be necessary
to pass any ordinance appropriating for any purpose the sum
of five hundred dollars or upwards or any ordinance imposing any assessment, tax, or license or in any wise increasing
or diminishing the city revenue. [1994 c 81 § 33; 1965 c 7 §
35.23.280. Prior: (i) 1907 c 241 § 28, part; 1890 p 148 § 37;
RRS § 9033, part. (ii) 1907 c 241 § 61; 1890 p 159 § 51; RRS
§ 9064. Formerly RCW 35.23.280.]
35.23.845
35.23.850 Code city retaining former second-class
city plan—Wards—Division of city into. In any city initially classified as a second-class city prior to January 1,
1993, that retained its second-class city plan of government
when the city reorganized as a noncharter code city, the city
council may divide the city into wards, not exceeding six in
all, or change the boundaries of existing wards at any time
less than one hundred twenty days before a municipal general
election. No change in the boundaries of wards shall affect
the term of any councilmember, and councilmembers shall
serve out their terms in the wards of their residences at the
time of their elections. However, if these boundary changes
result in one ward being represented by more councilmembers than the number to which it is entitled, those having the
shortest unexpired terms shall be assigned by the council to
35.23.850
[Title 35 RCW—page 125]
Chapter 35.27
Title 35 RCW: Cities and Towns
wards where there is a vacancy, and the councilmembers so
assigned shall be deemed to be residents of the wards to
which they are assigned for purposes of determining whether
those positions are vacant.
The representation of each ward in the city council shall
be in proportion to the population as nearly as is practicable.
Wards shall be redrawn as provided in *chapter 29.70
RCW. Wards shall be used as follows: (1) Only a resident of
the ward may be a candidate for, or hold office as, a councilmember of the ward; and (2) only voters of the ward may
vote at a primary to nominate candidates for a councilmember of the ward. Voters of the entire city may vote at the general election to elect a councilmember of a ward, unless the
city had prior to January 1, 1994, limited the voting in the
general election for any or all council positions to only voters
residing within the ward associated with the council positions. If a city had so limited the voting in the general election
to only voters residing within the ward, then the city shall be
authorized to continue to do so. The elections for the remaining council position or council positions that are not associated with a ward shall be conducted as if the wards did not
exist. [1995 c 134 § 10. Prior: 1994 c 223 § 16; 1994 c 81 §
34; 1965 c 7 § 35.23.530; prior: 1907 c 241 § 14; 1890 p 147
§ 35; RRS § 9019. Formerly RCW 35.23.530.]
*Reviser’s note: Chapter 29.70 RCW was recodified as chapter
29A.76 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.
35.27.376
35.27.377
35.27.380
35.27.385
35.27.390
35.27.400
35.27.410
35.27.500
35.27.510
35.27.515
35.27.550
35.27.560
35.27.570
35.27.580
35.27.590
35.27.600
35.27.610
Nonpolluting power generation by individual—Exemption
from regulation—Authorization to contract with utility.
Hydroelectric resources—Separate legal authority—Creation
by irrigation districts and cities, towns, or public utility districts.
Additional powers—Eminent domain.
Additional powers—Construction and operation of boat harbors, marinas, docks, etc.
Employees’ group insurance.
Fire limits—Parks.
Nuisances.
Taxation—Street poll tax.
Utilities—Transfer of part of net earnings to current expense
fund.
Criminal code repeals by town operating municipal court—
Agreement covering costs of handling resulting criminal
cases—Arbitration.
Off-street parking space and facilities—Authorized—
Declared public use.
Off-street parking space and facilities—Financing.
Off-street parking space and facilities—Acquisition and disposition of real property.
Off-street parking space and facilities—Operation—Lease.
Off-street parking space and facilities—Hearing prior to establishment.
Off-street parking space and facilities—Construction.
Purchase of electric power and energy from joint operating
agency.
Accident claims against: RCW 35.31.040, 35.31.050.
Acquisition of interests in land for conservation, protection, preservation, or
open space purposes by towns: RCW 64.04.130.
Actions against
public corporations: RCW 4.08.120.
state: Chapter 4.92 RCW.
Actions by in corporate name: RCW 4.08.110.
Chapter 35.27
Chapter 35.27 RCW
TOWNS
35.27.140
35.27.160
35.27.170
35.27.180
35.27.190
35.27.200
35.27.210
35.27.220
35.27.230
35.27.240
35.27.250
35.27.260
35.27.270
35.27.280
35.27.290
35.27.300
35.27.310
35.27.330
35.27.340
35.27.345
35.27.350
35.27.362
35.27.370
35.27.372
35.27.373
35.27.375
Classification as: RCW 35.01.040.
Code of ethics for public officers and employees: Chapters 42.23 and 42.52
RCW.
Sections
35.27.010
35.27.030
35.27.040
35.27.050
35.27.060
35.27.070
35.27.080
35.27.090
35.27.100
35.27.120
35.27.130
Advancement in classification: RCW 35.06.010.
Rights, powers, and privileges.
Uncertain boundaries—Petition—Request for examination.
Duty of county commissioners.
Report of survey.
Expense of proceedings.
Town officers enumerated.
Eligibility to hold elective office.
Elections—Terms of office.
Conduct of elections.
Oath and bond of officers.
Compensation of officers and employees—Expenses—Nonstate pensions.
Vacancies.
Mayor—Duties—Powers—Mayor pro tempore.
Town treasurer—Duties.
Treasurer and clerk may be combined.
Effect of consolidation of offices.
Abandonment of consolidation.
Duty of officers collecting moneys.
Town clerk—Duties.
Records to be kept by clerk.
Town marshal—Police department.
Town attorney—Duties.
Park commissioners.
Town council—Oath—Meetings.
Town council—Quorum—Rules—Journal.
Ordinances—Style—Signatures.
Ordinances—Publication—Summary—Public notice of hearings and meeting agendas.
Ordinances—Clerk to keep book of ordinances.
Ordinances granting franchises—Requisites.
Audit and allowance of demands against town.
Payment of claims and obligations by warrant or check.
Contract for town printing.
Contracts, purchases, advertising—Call for bids—Exceptions.
Specific powers enumerated.
City and town license fees and taxes on financial institutions.
City license fees or taxes on certain business activities to be at
a single uniform rate.
Additional powers—Parking meter revenue for revenue
bonds.
[Title 35 RCW—page 126]
Corporate stock or bonds not to be owned by: State Constitution Art. 8 § 7.
Credit not to be loaned, exception: State Constitution Art. 8 § 7.
Group false arrest insurance: RCW 35.23.460.
Incorporation and annexation restrictions as to area: RCW 35.21.010.
Inhabitants at time of organization: RCW 35.01.040.
Insurance, group for employees: RCW 35.23.460.
Judgment against public corporations, enforcement: RCW 6.17.080.
Limitation upon actions by public corporations: RCW 4.16.160.
Limitations on indebtedness: State Constitution Art. 7 § 2 (Amendments 55,
59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW 84.52.050.
Lost and found property: Chapter 63.21 RCW.
Metropolitan park districts, withdrawal from: RCW 35.61.010.
Municipal utilities: Chapter 35.92 RCW.
Municipal water and sewer facilities act: Chapter 35.91 RCW.
Organization under general laws required: State Constitution Art. 11 § 10
(Amendment 40).
Park commissioners: RCW 35.23.170.
Parking meter revenue, basis for revenue bonds: RCW 35.23.454.
Plats
regulation of surveys and plats: RCW 58.10.040.
resurvey and correction of: RCW 58.10.030.
Revenue bonds, parking meter revenue as basis for: RCW 35.23.454.
School districts, educational service districts, agreements with other governmental entities for transportation of students or the public, or for other
noncommon school purposes—Limitations: RCW 28A.160.120.
Service of summons on, personal service: RCW 4.28.080.
Sidewalks, construction, initial: Chapter 35.70 RCW.
Taxes, power of municipalities: State Constitution Art. 11 § 12.
Unclaimed property in hands of city police: Chapter 63.32 RCW.
(2008 Ed.)
Towns
35.27.010 Rights, powers, and privileges. Every town
shall be entitled the "Town of . . . . . . . . ." (naming it), and by
such name shall have perpetual succession, may sue, and be
sued in all courts and places, and in all proceedings whatever;
shall have and use a common seal, alterable at the pleasure of
the town authorities, and may purchase, lease, receive, hold,
and enjoy real and personal property and control, lease, sublease, convey, or otherwise dispose of the same for the common benefit. [1994 c 273 § 11; 1994 c 81 § 53; 1965 c 7 §
35.27.010. Prior: 1890 p 198 § 142; RRS § 9163.]
35.27.010
Reviser’s note: This section was amended by 1994 c 81 § 53 and by
1994 c 273 § 11, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
35.27.030 Uncertain boundaries—Petition—Request
for examination. Whenever a petition is presented to the
council of any incorporated town in this state, signed by not
less than five electors of such town, setting forth that in the
belief of the petitioners, the boundaries of said town are
indefinite and uncertain and that on account of such indefiniteness and uncertainty the legality of the taxes levied within
such town are in danger of being affected, and setting forth
the particular causes or reasons of such alleged indefiniteness
or uncertainty, it shall be the duty of the town council to
cause the petition to be filed and recorded by the clerk, and to
cause a copy of the same to be made and certified by the clerk
and the corporate seal of such town to be attached to said certificate, and the mayor of such town shall forthwith present
said certified copy of the petition to the board of county commissioners of the county wherein said town is situated, with a
written request to be signed by him as such mayor that the
said board of county commissioners proceed to examine the
boundaries of such town or city, and make the same definite
and certain. [1965 c 7 § 35.27.030. Prior: 1899 c 79 § 1; RRS
§ 9195.]
35.27.090
so made and fixed shall be the boundaries of the town, and all
the territory included within the boundary lines so established
shall be included in the town, and be a part thereof. [1965 c
7 § 35.27.050. Prior: 1899 c 79 § 3; RRS § 9197.]
35.27.060 Expense of proceedings. The expense of
such proceedings shall be paid by the town at whose request
the same is incurred. The county commissioners shall each
receive as compensation, an amount not exceeding the
amount allowed by law for their usual services as commissioners, and, any surveyor or other assistants employed by
them, a reasonable compensation to be fixed and certified by
said commissioners. [1965 c 7 § 35.27.060. Prior: 1899 c 79
§ 4; RRS § 9198.]
35.27.060
35.27.030
35.27.040 Duty of county commissioners. The board
of county commissioners upon receipt of the certified copy of
said petition, and the request aforesaid, shall cause the same
to be filed in the office of the county auditor and forthwith
proceed to examine the boundaries of the town and make the
same definite and certain. For this purpose they may employ
a competent surveyor, and shall commence at some recognized and undisputed point on the boundary line of the town,
if such there be, and if there is no such recognized and undisputed point, they shall establish a starting point from the best
data at their command and from such starting point they shall
run a boundary line by courses and distances around such
town, in one tract or body. [1965 c 7 § 35.27.040. Prior:
1899 c 79 § 2; RRS § 9196.]
35.27.040
35.27.050 Report of survey. The board of county commissioners, without unnecessary delay, shall make and file a
report of their doings in the premises in the office of the
county auditor, who shall transmit a certified copy thereof
under the seal of the county, to the clerk of the town, and the
clerk shall record the same in the records of the town, and
keep the copy on file in his office. The report shall contain the
description of the boundary of the town, as fixed by the
board, written in plain words and figures and the boundaries
35.27.050
(2008 Ed.)
35.27.070 Town officers enumerated. The government of a town shall be vested in a mayor and a council consisting of five members and a treasurer, all elective; the
mayor shall appoint a clerk and a marshal; and may appoint a
town attorney, pound master, street superintendent, a civil
engineer, and such police and other subordinate officers and
employees as may be provided for by ordinance. All appointive officers and employees shall hold office at the pleasure of
the mayor, subject to any applicable law, rule, or regulation
relating to civil service, and shall not be subject to confirmation by the town council. [1997 c 361 § 3; 1993 c 47 § 2;
1987 c 3 § 12; 1965 ex.s. c 116 § 14; 1965 c 7 § 35.27.070.
Prior: 1961 c 89 § 3; prior: (i) 1903 c 113 § 4; 1890 p 198 §
143; RRS § 9164. (ii) 1941 c 108 § 2; 1939 c 87 § 2; Rem.
Supp. 1941 § 9165-1a. (iii) 1943 c 183 § 1, part; 1941 c 91 §
1, part; 1911 c 33 § 1, part; 1903 c 113 § 5, part; 1890 p 198
§ 144, part; Rem. Supp. 1943 § 9165.]
35.27.070
Severability—1987 c 3: See note following RCW 3.70.010.
35.27.080 Eligibility to hold elective office. No person
shall be eligible to or hold an elective office in a town unless
he or she is a resident and registered voter in the town. [1997
c 361 § 8; 1965 c 7 § 35.27.080. Prior: 1890 p 200 § 149;
RRS § 9170.]
35.27.080
35.27.090 Elections—Terms of office. All general
municipal elections in towns shall be held biennially in the
odd-numbered years as provided in *RCW 29.13.020. The
term of office of the mayor and treasurer shall be four years
and until their successors are elected and qualified and
assume office in accordance with *RCW 29.04.170: PROVIDED, That the term of the treasurer shall not commence in
the same biennium in which the term of the mayor commences. Councilmen shall be elected for four year terms and
until their successors are elected and qualified and assume
office in accordance with *RCW 29.04.170; three at one election and two at the next succeeding biennial election. [1979
ex.s. c 126 § 23; 1965 c 7 § 35.27.090. Prior: 1963 c 200 §
16; 1961 c 89 § 4; prior: 1955 c 55 § 7; 1943 c 183 § 1, part;
1941 c 91 § 1, part; 1911 c 33 § 1, part; 1903 c 113 § 5, part;
1890 p 198 § 144, part; Rem. Supp. 1943 § 9165, part.]
35.27.090
*Reviser’s note: RCW 29.13.020 and 29.04.170 were recodified as
RCW 29A.04.330 and 29A.20.040 pursuant to 2003 c 111 § 2401, effective
July 1, 2004.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
[Title 35 RCW—page 127]
35.27.100
Title 35 RCW: Cities and Towns
35.27.100 Conduct of elections. All elections in towns
shall be held in accordance with the general election laws of
the state. [1994 c 223 § 21; 1965 c 7 § 35.27.100. Prior: 1890
p 200 § 148; RRS § 9169.]
35.27.100
Elections: Title 29A RCW.
35.27.120 Oath and bond of officers. Every officer of
a town before entering upon the duties of his office shall take
and file with the county auditor his oath of office. The clerk,
treasurer, and marshal before entering upon their respective
duties shall also each execute a bond approved by the council
in such penal sum as the council by ordinance may determine, conditioned for the faithful performance of his duties
including in the same bond the duties of all offices of which
he is made ex officio incumbent.
All bonds, when approved, shall be filed with the town
clerk, except the bonds of the clerk which shall be filed with
the mayor. [1986 c 167 § 19; 1965 c 7 § 35.27.120. Prior:
1890 p 199 § 145; RRS § 9166.]
35.27.120
Severability—1986 c 167: See note following RCW 29A.04.049.
35.27.130 Compensation of officers and employees—
Expenses—Nonstate pensions. The mayor and members of
the town council may be reimbursed for actual expenses
incurred in the discharge of their official duties upon presentation of a claim therefor and its allowance and approval by
resolution of the town council. The mayor and members of
the council may also receive such salary as the council may
fix by ordinance.
The treasurer and treasurer-clerk shall severally receive
at stated times a compensation to be fixed by ordinance.
The compensation of all other officers and employees
shall be fixed from time to time by the council.
Any town that provides a pension for any of its employees under a plan not administered by the state must notify the
state auditor of the existence of the plan at the time of an audit
of the town by the auditor. No town may establish a pension
plan for its employees that is not administered by the state,
except that any defined contribution plan in existence as of
January 1, 1990, is deemed to have been authorized. No town
that provides a defined contribution plan for its employees as
authorized by this section may make any material changes in
the terms or conditions of the plan after June 7, 1990. [1993
c 47 § 3; 1990 c 212 § 2; 1973 1st ex.s. c 87 § 2; 1969 ex.s. c
270 § 9; 1965 c 105 § 2; 1965 c 7 § 35.27.130. Prior: 1961 c
89 § 5; prior: (i) 1941 c 115 § 2; 1890 p 200 § 147; Rem.
Supp. 1941 § 9168. (ii) 1921 c 24 § 1, part; 1890 p 209 § 168,
part; RRS § 9187, part. (iii) 1890 p 214 § 173; RRS § 9191.
(iv) 1943 c 183 § 1, part; 1941 c 91 § 1, part; 1911 c 33 § 1,
part; 1903 c 113 § 5, part; 1890 p 198 § 144, part; RRS §
9165, part.]
35.27.130
35.27.140 Vacancies. (1) The council of a town may
declare a council position vacant if that councilmember is
absent from the town for three consecutive council meetings
without the permission of the council.
(2) A vacancy in an elective office shall occur and shall
be filled as provided in chapter 42.12 RCW. An incumbent
councilmember is eligible to be appointed to fill a vacancy in
the office of mayor.
35.27.140
[Title 35 RCW—page 128]
(3) A vacancy in any other office shall be filled by
appointment by the mayor. [2008 c 50 § 3; 1994 c 223 § 22;
1965 c 7 § 35.27.140. Prior: (i) 1903 c 113 § 6; 1890 p 199
§ 146; RRS § 9167. (ii) 1907 c 228 § 5, part; RRS § 9203,
part.]
35.27.160
35.27.160 Mayor—Duties—Powers—Mayor pro
tempore. The mayor shall preside over all meetings of the
council at which he or she is present. A mayor pro tempore
may be chosen by the council for a specified period of time,
not to exceed six months, to act as the mayor in the absence
of the mayor. The mayor shall sign all warrants drawn on the
treasurer and shall sign all written contracts entered into by
the town. The mayor may administer oaths and affirmations,
and take affidavits and certify them. The mayor shall sign all
conveyances made by the town and all instruments which
require the seal of the town.
The mayor is authorized to acknowledge the execution
of all instruments executed by the town which require
acknowledgment. [1988 c 196 § 1; 1965 c 7 § 35.27.160.
Prior: 1890 p 209 § 167; RRS § 9186.]
35.27.170
35.27.170 Town treasurer—Duties. The town treasurer shall receive and safely keep all money which comes
into his hands as treasurer, for all of which he shall give
duplicate receipts, one of which shall be filed with the clerk.
He shall pay out the money on warrants signed by the mayor
and countersigned by the clerk and not otherwise. He shall
make monthly settlements with the clerk. [1965 c 7 §
35.27.170. Prior: 1961 c 89 § 6; prior: 1921 c 24 § 1, part;
1890 p 209 § 168, part; RRS § 9187, part.]
35.27.180
35.27.180 Treasurer and clerk may be combined.
The council of every town may provide by ordinance that the
office of treasurer be combined with that of clerk or that the
office of clerk be combined with that of treasurer. This ordinance shall not be voted upon until the next regular meeting
after its introduction and shall require the vote of at least twothirds of the council. The ordinance shall provide the date
when the consolidation shall take place which date shall be
not less than three months from the date the ordinance goes
into effect. [1965 c 7 § 35.27.180. Prior: (i) 1945 c 58 § 1;
Rem. Supp. 1945 § 9177-1. (ii) 1945 c 58 § 4, part; Rem.
Supp. 1945 § 9177-4, part.]
35.27.190
35.27.190 Effect of consolidation of offices. Upon the
consolidation of the office of treasurer with that of clerk, the
office of treasurer shall be abolished and the clerk shall exercise all the powers and perform all the duties required by statute or ordinance to be performed by the treasurer; in the execution of any papers his designation as clerk shall be sufficient.
Upon the consolidation of the office of clerk with that of
treasurer, the treasurer shall exercise all the powers vested in
and perform all the duties required to be performed by the
clerk. [1965 c 7 § 35.27.190. Prior: (i) 1945 c 58 § 2; Rem.
Supp. 1945 § 9177-2. (ii) 1945 c 58 § 3; Rem. Supp. 1945 §
9177-3.]
(2008 Ed.)
Towns
35.27.200 Abandonment of consolidation. Every
town which has combined the office of treasurer with that of
clerk or the office of clerk with that of treasurer may terminate the combination by ordinance, fixing the time when the
combination shall cease and providing that the duties thereafter be performed by separate officials. If the office of treasurer was combined with that of clerk, the mayor shall
appoint a treasurer who shall serve until the next town election when a treasurer shall be elected for the term as provided
by law. [1965 c 7 § 35.27.200. Prior: 1945 c 58 § 4, part;
Rem. Supp. 1945 § 9177-4, part.]
35.27.200
35.27.210 Duty of officers collecting moneys. Every
officer collecting or receiving any money belonging to a
town shall settle for it with the clerk on the first Monday of
each month and immediately pay it into the treasury on the
order of the clerk to be credited to the fund to which it
belongs. [1965 c 7 § 35.27.210. Prior: 1890 p 214 § 175;
RRS § 9193.]
35.27.270
Each of the foregoing books, except the records of the
council, shall have a general index sufficiently comprehensive to enable a person readily to ascertain matters contained
therein.
He shall also keep a book marked "demands and warrants" in which he shall enter every demand against the town
at the time of filing it. He shall state therein the final disposition of each demand and if it is allowed and a warrant drawn,
he shall state the number of the warrant and its date. This
book shall contain an index in which reference shall be made
to each demand. [1965 c 7 § 35.27.230. Prior: 1890 p 210 §
170, part; RRS § 9188, part.]
35.27.210
35.27.220 Town clerk—Duties. The town clerk shall
be custodian of the seal of the town. The town clerk may
appoint a deputy for whose acts he or she and his or her bondspersons shall be responsible. The town clerk and his or her
deputy may administer oaths or affirmations and certify to
them, and may take affidavits and depositions to be used in
any court or proceeding in the state.
The town clerk shall make a quarterly statement in writing showing the receipts and expenditures of the town for the
preceding quarter and the amount remaining in the treasury.
At the end of every fiscal year the town clerk shall make
a full and detailed statement of receipts and expenditures of
the preceding year and a full statement of the financial condition of the town which shall be published.
The town clerk shall perform such other services as may
be required by statute or by ordinances of the town council.
The town clerk shall keep a full and true account of all
the proceedings of the council. [2007 c 218 § 76; 1965 c 7 §
35.27.220. Prior: 1890 p 210 § 170, part; RRS § 9188, part.]
35.27.220
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
35.27.240 Town marshal—Police department. The
department of police in a town shall be under the direction
and control of the marshal subject to the direction of the
mayor. He or she may pursue and arrest violators of town
ordinances beyond the town limits.
The marshal’s lawful orders shall be promptly executed
by deputies, police officers and watchpersons. Every citizen
shall lend him or her aid, when required, for the arrest of
offenders and maintenance of public order. He or she may
appoint, subject to the approval of the mayor, one or more
deputies, for whose acts he and his or her bondspersons shall
be responsible, whose compensation shall be fixed by the
council. With the concurrence of the mayor, the marshal may
appoint additional police officers for one day only when necessary for the preservation of public order.
The marshal shall have the same authority as that conferred upon sheriffs for the suppression of any riot, public
tumult, disturbance of the peace, or resistance against the
laws or public authorities in the lawful exercise of their functions and shall be entitled to the same protection.
The marshal shall execute and return all process issued
and directed to him or her by any legal authority and for his
or her services shall receive the same fees as are paid to constables. The marshal shall perform such other services as the
council by ordinance may require. [2007 c 218 § 67; 1987 c
3 § 13; 1977 ex.s. c 316 § 24; 1965 c 125 § 1; 1965 c 7 §
35.27.240. Prior: 1963 c 191 § 1; 1890 p 213 § 172; RRS §
9190.]
35.27.240
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
35.27.230 Records to be kept by clerk. The proceedings of the town council shall be kept in a book marked
"records of council."
The town clerk shall keep a book marked "town
accounts," in which shall be entered on the debit side all moneys received by the town including but not limited to proceeds from licenses and general taxes and in which shall be
entered on the credit side all warrants drawn on the treasury.
He shall also keep a book marked "marshal’s account" in
which he shall charge the marshal with all licenses delivered
to him and credit him with all money collected and paid in.
He shall also keep a book marked "treasurer’s account"
in which he shall keep a full account of the transactions of the
town with the treasurer.
He shall also keep a book marked "licenses" in which he
shall enter all licenses issued by him—the date thereof, to
whom issued, for what, the time they expire, and the amount
paid.
35.27.230
(2008 Ed.)
Severability—1987 c 3: See note following RCW 3.70.010.
Severability—1977 ex.s. c 316: See note following RCW 70.48.020.
35.27.250 Town attorney—Duties. The town attorney
shall advise the town authorities and officers in all legal matters pertaining to the business of the town. [1965 c 7 §
35.27.250. Prior: 1890 p 212 § 171; RRS § 9189.]
35.27.250
Employment of legal interns: RCW 35.21.760.
35.27.260 Park commissioners. See RCW 35.23.170.
35.27.260
35.27.270 Town council—Oath—Meetings. The
town council shall meet in January succeeding the date of the
general municipal election, shall take the oath of office, and
shall hold regular meetings at least once each month at such
times as may be fixed by ordinance. Special meetings may be
called at any time by the mayor or by three councilmembers,
by written notice as provided in RCW 42.30.080. No resolu35.27.270
[Title 35 RCW—page 129]
35.27.280
Title 35 RCW: Cities and Towns
tion or order for the payment of money shall be passed at any
other than a regular meeting. No such resolution or order
shall be valid unless passed by the votes of at least three
councilmembers.
All meetings of the council shall be held at such places as
may be designated by the town council. All final actions on
resolutions and ordinances must take place within the corporate limits of the town. All meetings of the town council must
be public. [1993 c 199 § 1; 1965 c 7 § 35.27.270. Prior: (i)
1890 p 200 § 150; RRS § 9171. (ii) 1890 p 201 § 153, part;
RRS § 9174, part.]
Times for holding elections: RCW 29A.04.311 through 29A.04.330.
35.27.280 Town council—Quorum—Rules—Journal. A majority of the councilmen shall constitute a quorum
for the transaction of business, but a lesser number may
adjourn from time to time and may compel the attendance of
absent members in such manner and under such penalties as
may be prescribed by ordinance.
The mayor shall preside at all meetings of the council.
The mayor shall have a vote only in case of a tie in the votes
of the councilmen. In the absence of the mayor the council
may appoint a president pro tempore; in the absence of the
clerk, the mayor or president pro tempore, shall appoint one
of the council members as clerk pro tempore. The council
may establish rules for the conduct of its proceedings and
punish any members or other person for disorderly behavior
at any meeting. At the desire of any member, the ayes and
noes shall be taken on any question and entered in the journal.
[1965 c 107 § 2; 1965 c 7 § 35.27.280. Prior: (i) 1890 p 201
§ 151; RRS § 9172. (ii) 1890 p 201 § 152, part; RRS § 9173,
part.]
35.27.280
35.27.290 Ordinances—Style—Signatures. The
enacting clause of all ordinances shall be as follows: "Be it
ordained by the council of the town of . . . . ."
Every ordinance shall be signed by the mayor and
attested by the clerk. [1965 c 7 § 35.27.290. Prior: 1917 c 99
§ 1, part; 1890 p 204 § 155, part; RRS § 9178, part.]
35.27.290
35.27.300 Ordinances—Publication—Summary—
Public notice of hearings and meeting agendas. Promptly
after adoption, the text of each ordinance or a summary of the
content of each ordinance shall be published at least once in
the official newspaper of the town.
For purposes of this section, a summary shall mean a
brief description which succinctly describes the main points
of the ordinance. Publication of the title of an ordinance
authorizing the issuance of bonds, notes, or other evidences
of indebtedness shall constitute publication of a summary of
that ordinance. When the town publishes a summary, the
publication shall include a statement that the full text of the
ordinance will be mailed upon request.
An inadvertent mistake or omission in publishing the
text or a summary of the content of an ordinance shall not
render the ordinance invalid.
In addition to the requirement that a town publish the
text or a summary of the content of each adopted ordinance,
every town shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the
35.27.300
[Title 35 RCW—page 130]
forthcoming council meeting. Such procedure may include,
but not be limited to, written notification to the town’s official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such
other processes as the town determines will satisfy the intent
of this requirement. [1994 c 273 § 12; 1988 c 168 § 5; 1987
c 400 § 2; 1985 c 469 § 26; 1965 c 7 § 35.27.300. Prior: 1917
c 99 § 1, part; 1890 p 204 § 155, part; RRS § 9178, part.]
35.27.310 Ordinances—Clerk to keep book of ordinances. The town clerk shall keep a book marked "ordinances" into which he shall copy all town ordinances, with
his certificate annexed to said copy stating that the foregoing
ordinance is a true and correct copy of an ordinance of the
town, and giving the number and title of the ordinance, and
stating that it has been published or posted according to law.
Such record copy, with the clerk’s certificate, shall be prima
facie evidence of the contents of the ordinance and of its passage and publication, and shall be admissible as such in any
court or proceeding. Such record shall not be filed in any case
but shall be returned to the custody of the clerk. Nothing
herein shall be construed to prevent the proof of the passage
and publication of ordinances in the usual way. The book of
ordinances shall have a general index sufficiently comprehensive to enable a person readily to ascertain matters contained therein. [1965 c 7 § 35.27.310. Prior: 1890 p 210 §
170, part; RRS § 9188, part.]
35.27.310
35.27.330 Ordinances granting franchises—Requisites. No ordinance or resolution granting any franchise for
any purpose shall be passed by the council on the day of its
introduction, nor within five days thereafter, nor at any other
than a regular meeting, and no such ordinance or resolution
shall have any validity or effect unless passed by the vote of
at least three councilmen. The town council may require a
bond in a reasonable amount from any persons and corporations obtaining a franchise from the town conditioned for the
faithful performance of the conditions and terms of the franchise and providing a recovery on the bond in case of failure
to perform the terms and conditions of the franchise. [1965 c
7 § 35.27.330. Prior: (i) 1890 p 201 § 153, part; RRS § 9174,
part. (ii) 1907 c 228 § 1, part; RRS § 9199, part.]
35.27.330
35.27.340 Audit and allowance of demands against
town. All demands against a town shall be presented to and
audited by the council in accordance with such regulations as
they may by ordinance prescribe. Upon allowance of a
demand the mayor shall draw a warrant therefor upon the
treasurer; the warrant shall be countersigned by the clerk and
shall specify the purpose for which it is drawn.
The town clerk and his deputy shall take all necessary
affidavits to claims against the town and certify them. [1965
c 7 § 35.27.340. Prior: (i) 1890 p 210 § 170, part; RRS §
9188, part. (ii) 1890 p 204 § 156; RRS § 9179.]
35.27.340
35.27.345 Payment of claims and obligations by warrant or check. A town, by ordinance, may adopt a policy for
the payment of claims or other obligations of the town, which
are payable out of solvent funds, electing to pay such obligations by warrant or by check. However, when the applicable
35.27.345
(2008 Ed.)
Towns
fund is not solvent at the time payment is ordered, a warrant
shall be issued. When checks are to be used, the legislative
body shall designate the qualified public depositary, upon
which such checks are to be drawn, and the officers authorized or required to sign such checks. Wherever a reference
is made to warrants in this title, such term shall include
checks where authorized by this section. [2006 c 41 § 2.]
35.27.350
35.27.350 Contract for town printing. Every town
may designate any daily or weekly newspaper published or of
general circulation therein as its official newspaper and all
notices published in that newspaper for the period and in the
manner provided by law or the ordinances of the town shall
be due and legal notice. [1965 c 7 § 35.27.350. Prior: 1903
c 120 § 1; RRS § 9177.]
35.27.362
35.27.362 Contracts, purchases, advertising—Call
for bids—Exceptions. See RCW 35.23.352.
35.27.370
35.27.370 Specific powers enumerated. The council
of said town shall have power:
(1) To pass ordinances not in conflict with the Constitution and laws of this state, or of the United States;
(2) To purchase, lease or receive such real estate and personal property as may be necessary or proper for municipal
purposes, and to control, dispose of and convey the same for
the benefit of the town; to acquire, own, and hold real estate
for cemetery purposes either within or without the corporate
limits, to sell and dispose of such real estate, to plat or replat
such real estate into cemetery lots and to sell and dispose of
any and all lots therein, and to operate, improve and maintain
the same as a cemetery;
(3) To contract for supplying the town with water for
municipal purposes, or to acquire, construct, repair and manage pumps, aqueducts, reservoirs, or other works necessary
or proper for supplying water for use of such town or its
inhabitants, or for irrigating purposes therein;
(4) To establish, build and repair bridges, to establish,
lay out, alter, widen, extend, keep open, improve, and repair
streets, sidewalks, alleys, squares and other public highways
and places within the town, and to drain, sprinkle and light
the same; to remove all obstructions therefrom; to establish
the grades thereof; to grade, pave, plank, macadamize, gravel
and curb the same, in whole or in part, and to construct gutters, culverts, sidewalks and crosswalks therein, or on any
part thereof; to cause to be planted, set out and cultivated
trees therein, and generally to manage and control all such
highways and places;
(5) To establish, construct and maintain drains and sewers, and shall have power to compel all property owners on
streets along which sewers are constructed to make proper
connections therewith, and to use the same for proper purposes when such property is improved by the erection
thereon of a building or buildings; and in case the owners of
such improved property on such streets shall fail to make
such connections within the time fixed by such council, they
may cause such connections to be made, and to assess against
the property in front of which such connections are made the
costs and expenses thereof;
(2008 Ed.)
35.27.370
(6) To provide fire engines and all other necessary or
proper apparatus for the prevention and extinguishment of
fires;
(7) To impose and collect an annual license on every dog
within the limits of the town, to prohibit dogs running at
large, and to provide for the killing of all dogs found at large
and not duly licensed;
(8) To levy and collect annually a property tax, for the
payment of current expenses and for the payment of indebtedness (if any indebtedness exists) within the limits authorized by law;
(9) To license, for purposes of regulation and revenue,
all and every kind of business, authorized by law and transacted and carried on in such town; and all shows, exhibitions
and lawful games carried on therein and within one mile of
the corporate limits thereof; to fix the rate of license tax upon
the same, and to provide for the collection of the same, by suit
or otherwise; to regulate, restrain, or prohibit the running at
large of any and all domestic animals within the city limits, or
any part or parts thereof, and to regulate the keeping of such
animals within any part of the city; to establish, maintain and
regulate a common pound for estrays, and to appoint a
poundkeeper, who shall be paid out of the fines and fees
imposed on, and collected from, the owners of any
impounded stock. A city may not require a business to be
licensed based solely upon registration under or compliance
with the streamlined sales and use tax agreement;
(10) To improve the rivers and streams flowing through
such town or adjoining the same; to widen, straighten and
deepen the channels thereof, and to remove obstructions
therefrom; to prevent the pollution of streams or water running through such town, and for this purpose shall have jurisdiction for two miles in either direction; to improve the
waterfront of the town, and to construct and maintain
embankments and other works to protect such town from
overflow;
(11) To erect and maintain buildings for municipal purposes;
(12) To grant franchises or permits to use and occupy the
surface, the overhead and the underground of streets, alleys
and other public ways, under such terms and conditions as it
shall deem fit, for any and all purposes, including but not
being limited to the construction, maintenance and operation
of railroads, street railways, transportation systems, water,
gas and steam systems, telephone and telegraph systems,
electric lines, signal systems, surface, aerial and underground
tramways;
(13) To punish the keepers and inmates and lessors of
houses of ill fame, and keepers and lessors of gambling
houses and rooms and other places where gambling is carried
on or permitted, gamblers and keepers of gambling tables;
(14) To impose fines, penalties and forfeitures for any
and all violations of ordinances, and for any breach or violation of any ordinance, to fix the penalty by fine or imprisonment, or both; but no such fine shall exceed five thousand
dollars, nor the term of imprisonment exceed one year,
except that the punishment for any criminal ordinance shall
be the same as the punishment provided in state law for the
same crime; or to provide that violations of ordinances constitute a civil violation subject to a monetary penalty, but no
act which is a state crime may be made a civil violation;
[Title 35 RCW—page 131]
35.27.372
Title 35 RCW: Cities and Towns
(15) To operate ambulance service which may serve the
town and surrounding rural areas and, in the discretion of the
council, to make a charge for such service;
(16) To make all such ordinances, bylaws, rules, regulations and resolutions not inconsistent with the Constitution
and laws of the state of Washington, as may be deemed expedient to maintain the peace, good government and welfare of
the town and its trade, commerce and manufacturers, and to
do and perform any and all other acts and things necessary or
proper to carry out the provisions of this chapter. [2008 c 129
§ 3; 1993 c 83 § 7; 1986 c 278 § 6; 1984 c 258 § 805; 1977
ex.s. c 316 § 25; 1965 ex.s. c 116 § 15; 1965 c 127 § 1; 1965
c 7 § 35.27.370. Prior: 1955 c 378 § 4; 1949 c 151 § 1; 1945
c 214 § 1; 1941 c 74 § 1; 1927 c 207 § 1; 1925 ex.s. c 159 §
1; 1895 c 32 § 1; 1890 p 201 § 154; Rem. Supp. 1949 § 9175.]
Effective date—1993 c 83: See note following RCW 35.21.163.
Severability—1986 c 278: See note following RCW 36.01.010.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Severability—1977 ex.s. c 316: See note following RCW 70.48.020.
Validating—1925 ex.s. c 159: "All franchises, permits and
rights-of-way heretofore granted by any municipality of the fourth class to
any person, firm or corporation, to construct, maintain or operate surface,
underground and aerial tramways and other means of conveyance over,
above, across, upon and along its streets, highways and alleys are hereby validated, ratified and confirmed." [1925 ex.s. c 159 § 2.]
35.27.372 City and town license fees and taxes on
financial institutions. See chapter 82.14A RCW.
35.27.372
35.27.373 City license fees or taxes on certain business activities to be at a single uniform rate. See RCW
35.21.710.
35.27.373
35.27.385 Additional powers—Construction and
operation of boat harbors, marinas, docks, etc. See RCW
35.23.455.
35.27.385
35.27.390 Employees’ group insurance.
35.23.460.
35.27.390
See RCW
35.27.400 Fire limits—Parks. Towns are hereby given
the power to establish fire limits with proper regulations; to
acquire by purchase or otherwise, lands for public parks
within or without the limits of the town, and to improve the
same. [1965 c 7 § 35.27.400. Prior: 1961 c 58 § 1; 1899 c
103 § 1; RRS § 9176.]
35.27.400
35.27.410 Nuisances. Every act or thing done or being
within the limits of a town, which is declared by law or by
ordinance to be a nuisance shall be a nuisance and shall be so
considered in all actions and proceedings. All remedies given
by law for the prevention and abatement of nuisances shall
apply thereto. [1965 c 7 § 35.27.410. Prior: 1890 p 205 §
160; RRS § 9181.]
35.27.410
Nuisances: Chapter 9.66 RCW.
35.27.500 Taxation—Street poll tax. A town may
impose upon and collect from every inhabitant of the town
over eighteen years of age an annual street poll tax not
exceeding two dollars and no other road poll tax shall be collected within the limits of the town. [1973 1st ex.s. c 154 §
52; 1971 ex.s. c 292 § 62; 1965 c 7 § 35.27.500. Prior: 1905
c 75 § 1, part; RRS § 9210, part.]
35.27.500
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
35.27.510 Utilities—Transfer of part of net earnings
to current expense fund. When any special fund of a public
utility department of a town has retired all bond and warrant
indebtedness and is on a cash basis, if a reserve or depreciation fund has been created in an amount satisfactory to the
state auditor and if the fixing of the rates of the utility is governed by contract with the supplier of water, electrical
energy, or other commodity sold by the town to its inhabitants, and the rates are at the lowest possible figure, the town
council may set aside such portion of the net earnings of the
utility as it may deem advisable and transfer it to the town’s
current expense fund: PROVIDED, That no amount in
excess of fifty percent of the net earnings shall be so set aside
and transferred except with the unanimous approval of the
council and mayor. [1995 c 301 § 38; 1965 c 7 § 35.27.510.
Prior: 1939 c 96 § 1; 1929 c 98 § 1; RRS § 9185-1.]
35.27.510
35.27.375 Additional powers—Parking meter revenue for revenue bonds. See RCW 35.23.454.
35.27.375
35.27.376 Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility. See chapter 80.58 RCW.
35.27.376
35.27.377 Hydroelectric resources—Separate legal
authority—Creation by irrigation districts and cities,
towns, or public utility districts. See RCW 87.03.825
through 87.03.840.
35.27.377
35.27.380 Additional powers—Eminent domain.
Whenever it becomes necessary for a town to take or damage
private property for the purpose of establishing, laying out,
extending, and widening streets and other public highways
and places within the town, or for the purpose of rights-ofway for drains, sewers, and aqueducts, and for the purpose of
widening, straightening, or diverting the channels of streams
and the improvement of waterfronts, and the council cannot
agree with the owner thereof as to the price to be paid, the
council may direct proceedings to be taken under the general
laws of the state to procure the same. [1965 c 7 § 35.27.380.
Prior: 1890 p 207 § 162; RRS § 9182.]
35.27.380
Eminent domain: Chapter 8.12 RCW.
[Title 35 RCW—page 132]
35.27.515 Criminal code repeals by town operating
municipal court—Agreement covering costs of handling
resulting criminal cases—Arbitration. A town operating a
municipal court may not repeal in its entirety that portion of
its municipal code defining crimes or repeal a provision of its
municipal code which defines a crime equivalent to an
offense listed in RCW 46.63.020 unless the municipality has
reached an agreement with the appropriate county under
chapter 39.34 RCW under which the county is to be paid a
reasonable amount for costs associated with prosecution,
35.27.515
(2008 Ed.)
Unclassified Cities
adjudication, and sentencing in criminal cases filed in district
court as a result of the repeal. The agreement shall include
provisions for periodic review and renewal of the terms of the
agreement. If the municipality and the county are unable to
agree on the terms for renewal of the agreement, they shall be
deemed to have entered into an agreement to submit the issue
to arbitration under chapter 7.04A RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement
shall remain in effect. The municipality and the county have
the same rights and are subject to the same duties as other
parties who have agreed to submit to arbitration under chapter 7.04A RCW. [2005 c 433 § 40; 1984 c 258 § 207.]
Application—Captions not law—Savings—Effective date—2005 c
433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
35.27.550 Off-street parking space and facilities—
Authorized—Declared public use. Towns are authorized to
provide off-street parking space and facilities for motor vehicles, and the use of real property for such purpose is declared
to be a public use. [1994 c 81 § 54; 1965 c 7 § 35.27.550.
Prior: 1961 c 33 § 1.]
35.27.550
Off-street parking facilities, cities of the first, second, and third classes:
Chapter 35.86 RCW.
35.27.560 Off-street parking space and facilities—
Financing. In order to provide for off-street parking space
and/or facilities, such towns are authorized, in addition to
their powers for financing public improvements, to finance
their acquisition through the issuance and sale of revenue
bonds and general obligation bonds. Any bonds issued by
such towns pursuant to this section shall be issued in the manner and within the limitations prescribed by the Constitution
and the laws of this state. In addition local improvement districts may be created and their financing procedures used for
this purpose in accordance with the provisions of Title 35
RCW, as now or hereafter amended. Such towns may finance
from their general budget, costs of land acquisition, planning,
engineering, location, design and construction to the offstreet parking. [1965 c 7 § 35.27.560. Prior: 1961 c 33 § 2.]
35.27.560
35.27.570 Off-street parking space and facilities—
Acquisition and disposition of real property. Such towns
are authorized to obtain by lease, purchase, donation and/or
gift, or by eminent domain in the manner provided by law for
the exercise of this power by cities, such real property for offstreet parking as the legislative bodies thereof determine to
be necessary by ordinance. Such property may be sold, transferred, exchanged, leased, or otherwise disposed of by the
town when its legislative body has determined by ordinance
such property is no longer necessary for off-street parking
purposes. [1965 c 7 § 35.27.570. Prior: 1961 c 33 § 3.]
35.27.570
35.27.590 Off-street parking space and facilities—
Hearing prior to establishment. Before the establishment
of any off-street parking space and/or facilities, the town
shall hold a public hearing thereon, prior to the adoption of
any ordinance relating to the leasing or acquisition of property, and for the financing thereof for this purpose. [1965 c 7
§ 35.27.590. Prior: 1961 c 33 § 5.]
35.27.590
35.27.600 Off-street parking space and facilities—
Construction. Insofar as the provisions of RCW 35.27.550
through 35.27.600 are inconsistent with the provisions of any
other law, the provisions of RCW 35.27.550 through
35.27.600 shall be controlling. [1965 c 7 § 35.27.600. Prior:
1961 c 33 § 7.]
35.27.600
35.27.610 Purchase of electric power and energy
from joint operating agency. A town may contract to purchase from a joint operating agency electric power and
energy required for its present or future requirements. For
projects the output of which is limited to qualified alternative
energy resources as defined by RCW 19.29A.090(3), the contract may include the purchase of capability of the projects to
produce electricity in addition to the actual output of the
projects. The contract may provide that the town must make
the payments required by the contract whether or not a
project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction,
or curtailment of the output of a project or the power and
energy contracted for. The contract may also provide that
payments under the contract are not subject to reduction,
whether by offset or otherwise, and shall not be conditioned
upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the
contract or other instrument. [2003 c 138 § 6.]
35.27.610
Chapter 35.30
35.27.580 Off-street parking space and facilities—
Operation—Lease. Such towns are authorized to establish
the methods of operation of off-street parking space and/or
facilities by ordinance, which may include leasing or municipal operation. [1965 c 7 § 35.27.580. Prior: 1961 c 33 § 4.]
(2008 Ed.)
Chapter 35.30 RCW
UNCLASSIFIED CITIES
Sections
35.30.010
35.30.011
35.30.014
35.30.018
35.30.020
35.30.030
35.30.040
35.30.050
35.30.060
35.30.070
35.30.080
35.30.100
Eminent domain: Chapter 8.12 RCW.
35.27.580
35.30.010
Additional powers.
Nonpolluting power generation by individual—Exemption
from regulation—Authorization to contract with utility.
Hydroelectric resources—Separate legal authority—Creation
by irrigation districts and cities, towns, or public utility districts.
Publication of ordinances or summary—Public notice of hearings and meeting agendas.
Sewer systems—Sewer fund.
Assessment, levy and collection of taxes.
Limitation of indebtedness.
Additional indebtedness with popular vote.
Additional indebtedness for municipal utilities.
Adoption of powers granted to code cities—Resolution
required.
Alternative election procedures—Resolution required.
Criminal code repeal by city operating municipal court—
Agreement covering costs of handling resulting criminal
cases—Arbitration.
35.30.010 Additional powers. The council, or other
legislative body, of all cities within the state of Washington
which were created by special charter prior to the adoption of
the state Constitution, and which have not since reincorporated under any general statute, shall have, in addition to the
35.30.010
[Title 35 RCW—page 133]
35.30.011
Title 35 RCW: Cities and Towns
powers specially granted by the charter of such cities, the following powers:
(1) To construct, establish and maintain drains and sewers.
(2) To impose and collect an annual license not exceeding two dollars on every dog owned or harbored within the
limits of the city.
(3) To levy and collect annually a property tax on all
property within such city.
(4) To license all shows, exhibitions and lawful games
carried on therein; and to fix the rates of license tax upon the
same, and to provide for the collection of the same by suit or
otherwise.
(5) To permit, under such restrictions as they may deem
proper, the construction and maintenance of telephone, telegraph and electric light lines therein.
(6) To impose fines, penalties and forfeitures for any and
all violations of ordinances; and for any breach or violation of
any ordinance, to fix the penalty by fine or imprisonment or
both, but no such fine shall exceed five thousand dollars nor
the term of imprisonment exceed one year.
(7) To cause all persons imprisoned for violation of any
ordinance to labor on the streets or other public property or
works within the city.
(8) To make all such ordinances, bylaws and regulations,
not inconsistent with the Constitution and laws of the state of
Washington, as may be deemed expedient to maintain the
peace, good government and welfare of the city, and to do
and perform any and all other acts and things necessary and
proper to carry out the purposes of the municipal corporation.
[1984 c 258 § 806; 1965 c 7 § 35.30.010. Prior: 1899 c 69 §
1; RRS § 8944.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
35.30.011 Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility. See chapter 80.58 RCW.
35.30.011
35.30.014 Hydroelectric resources—Separate legal
authority—Creation by irrigation districts and cities,
towns, or public utility districts. See RCW 87.03.825
through 87.03.840.
35.30.014
35.30.018 Publication of ordinances or summary—
Public notice of hearings and meeting agendas. Promptly
after adoption, the text of each ordinance or a summary of the
content of each ordinance shall be published at least once in
the official newspaper of the city.
For purposes of this section, a summary shall mean a
brief description which succinctly describes the main points
of the ordinance. Publication of the title of an ordinance
authorizing the issuance of bonds, notes, or other evidences
of indebtedness shall constitute publication of a summary of
that ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.
An inadvertent mistake or omission in publishing the
text or a summary of the content of an ordinance shall not
render the ordinance invalid.
35.30.018
[Title 35 RCW—page 134]
In addition to the requirement that a city publish the text
or a summary of the content of each adopted ordinance, every
city shall establish a procedure for notifying the public of
upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but
not be limited to, written notification to the city’s official
newspaper, publication of a notice in the official newspaper,
posting of upcoming council meeting agendas, or such other
processes as the city determines will satisfy the intent of this
requirement. [1994 c 273 § 13; 1988 c 168 § 6; 1985 c 469 §
101.]
35.30.020 Sewer systems—Sewer fund. The city
council of all unclassified cities in this state are authorized to
construct a sewer or system of sewers and to keep the same in
repair; the cost of such sewer or sewers shall be paid from a
special fund to be known as the "sewer fund" to be provided
by the city council, which fund shall be created by a tax on all
the property within the limits of such city: PROVIDED, That
such tax shall not exceed one dollar and twenty-five cents per
thousand dollars of the assessed value of all real and personal
property within such city for any one year. Whenever it shall
become necessary for the city to take or damage private property for the purpose of making or repairing sewers, and the
city council cannot agree with the owner as to the price to be
paid, the city council may direct proceedings to be taken by
law for the condemnation of such property for such purpose.
[1973 1st ex.s. c 195 § 18; 1965 c 7 § 35.30.020. Prior: 1899
c 69 § 2; RRS § 8945.]
35.30.020
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
35.30.030 Assessment, levy and collection of taxes.
The city council shall have power to provide by ordinance a
complete system for the assessment, levy, and collection of
all city taxes. All taxes assessed together with any percentage
imposed for delinquency and the cost of collection, shall constitute liens on the property assessed from and after the first
day of November each year; which liens may be enforced by
a summary sale of such property, and the execution and
delivery of all necessary certificates and deeds therefor,
under such regulations as may be prescribed by ordinance or
by action in any court of competent jurisdiction to foreclose
such liens: PROVIDED, That any property sold for taxes
shall be subject to redemption within the time and within the
manner provided or that may hereafter be provided by law for
the redemption of property sold for state and county taxes.
[1965 c 7 § 35.30.030. Prior: 1899 c 69 § 3; RRS § 8946.]
35.30.030
35.30.040 Limitation of indebtedness. Whenever it is
deemed advisable to do so by the city council thereof, any
city having a corporate existence in this state at the time of
the adoption of the Constitution thereof is hereby authorized
and empowered to borrow money and to contract indebtedness in any other manner for general municipal purposes, not
exceeding in amount, together with the existing general
indebtedness of the city, the amount of indebtedness authorized by chapter 39.36 RCW, as now or hereafter amended, to
be incurred without the assent of the voters. [1965 c 7 §
35.30.040. Prior: 1890 p 225 § 1; RRS § 9532.]
35.30.040
(2008 Ed.)
Accident Claims and Funds
Construction—1890 p 227: "That when this act comes in conflict with
any provision, limitation or restriction in any local or special law or charter
existing at the time that the Constitution of the State of Washington was
adopted, this statute shall govern and control." [1890 p 227 § 6.] This
applies to RCW 35.30.040 through 35.30.060.
Limitations upon indebtedness: State Constitution Art. 7 § 2 (Amendments
55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW
84.52.050.
35.30.050 Additional indebtedness with popular
vote. Any such city may borrow money or contract indebtedness for strictly municipal purposes over the amount specified in RCW 35.30.040, but not exceeding in amount,
together with existing general indebtedness, the amount of
indebtedness authorized by chapter 39.36 RCW as now or
hereafter amended, to be incurred with the assent of the voters, through the council of the city, whenever three-fifths of
the voters assent thereto, at an election to be held for that purpose, at such time, upon such reasonable notice, and in the
manner presented by the city council, not inconsistent with
the general election laws. [1965 c 7 § 35.30.050. Prior: 1890
p 225 § 2; RRS § 9533.]
35.30.050
Elections: Title 29A RCW.
35.30.060 Additional indebtedness for municipal
utilities. In addition to the powers granted in RCW
35.30.040 and 35.30.050, any such city, through its council
may borrow money or contract indebtedness not exceeding in
amount the amount of indebtedness authorized by chapter
39.36 RCW, as now or hereafter amended, for the purpose of
supplying the city with water, artificial light, or sewers, when
the plants used therefor are owned and controlled by the city,
whenever three-fifths of the voters assent thereto at an election to be held for that purpose, according to the provisions of
RCW 35.30.050. [1965 c 7 § 35.30.060. Prior: 1890 p 225 §
3; RRS § 9534.]
35.30.060
35.30.070 Adoption of powers granted to code cities—Resolution required. If the legislative body of an
unclassified city determines that it would serve the best interests and general welfare of such municipality, the body may
by resolution adopt any powers granted to cities classified
under Title 35A RCW including, but not limited to, the power
to define the functions, powers, and duties of its officers and
employees. [2003 c 42 § 1.]
35.30.070
35.30.080 Alternative election procedures—Resolution required. (1) When a majority of the legislative body of
an unclassified city determines that it would serve the best
interests and general welfare of such municipality to change
the election procedures of such city to the procedures specified in this section, such legislative body may, by resolution,
declare its intention to adopt such procedures for the city.
Such resolution must be adopted at least one hundred eighty
days before the general municipal election at which the new
election procedures are implemented. Within ten days after
the passage of the resolution, the legislative body shall cause
it to be published at least once in a newspaper of general circulation within the city.
(2) All general municipal elections in an unclassified city
adopting a resolution under subsection (1) of this section
shall be held biennially in the odd-numbered years as pro-
Chapter 35.31
vided in *RCW 29.13.020 and shall be held in accordance
with the general election laws of the state.
The term of the treasurer shall not commence in the same
biennium in which the term of the mayor commences. Candidates for the city council shall run for specific council positions. The staggering of terms of city officers shall be established at the first election, where the simple majority of the
persons elected as councilmembers receiving the greatest
numbers of votes shall be elected to four-year terms of office
and the remainder of the persons elected as councilmembers
and the treasurer shall be elected to two-year terms of office.
Thereafter, all elected city officers shall be elected for fouryear terms and until their successors are elected and qualified
and assume office in accordance with **RCW 29.04.170.
[2003 c 42 § 2.]
Reviser’s note: *(1) RCW 29.13.020 was recodified as RCW
29A.04.330 pursuant to 2003 c 111 § 2401, effective July 1, 2004.
**(2) RCW 29.04.170 was recodified as RCW 29A.20.040 pursuant to
2003 c 111 § 2401, effective July 1, 2004.
35.30.100 Criminal code repeal by city operating
municipal court—Agreement covering costs of handling
resulting criminal cases—Arbitration. A city operating a
municipal court may not repeal in its entirety that portion of
its municipal code defining crimes unless the municipality
has reached an agreement with the appropriate county under
chapter 39.34 RCW under which the county is to be paid a
reasonable amount for costs associated with prosecution,
adjudication, and sentencing in criminal cases filed in district
court as a result of the repeal. The agreement shall include
provisions for periodic review and renewal of the terms of the
agreement. If the municipality and the county are unable to
agree on the terms for renewal of the agreement, they shall be
deemed to have entered into an agreement to submit the issue
to arbitration under chapter 7.04A RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement
shall remain in effect. The municipality and the county have
the same rights and are subject to the same duties as other
parties who have agreed to submit to arbitration under chapter 7.04A RCW. [2005 c 433 § 41; 1984 c 258 § 208.]
35.30.100
Application—Captions not law—Savings—Effective date—2005 c
433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
35.30.080
(2008 Ed.)
Chapter 35.31
Chapter 35.31 RCW
ACCIDENT CLAIMS AND FUNDS
Sections
35.31.020
35.31.040
35.31.050
35.31.060
35.31.070
Charter cities—Manner of filing.
Noncharter cities and towns—Manner of filing—Report.
Accident fund—Warrants for judgments.
Tax levy for fund.
Surplus to current expense fund.
Actions against
public corporations: RCW 4.08.120.
state: Chapter 4.92 RCW.
Claims, reports, etc., filing: RCW 1.12.070.
Tortious conduct of political subdivision, municipal corporations and quasi
municipal corporations, liability for damages: Chapter 4.96 RCW.
[Title 35 RCW—page 135]
35.31.020
Title 35 RCW: Cities and Towns
35.31.020 Charter cities—Manner of filing. The provisions of chapter 35.31 RCW shall be applied notwithstanding any provisions to the contrary in any charter of any city
permitted by law to have a charter; however, charter provisions not inconsistent herewith shall continue to apply. All
claims for damages against a charter city shall be filed in the
manner set forth in chapter 4.96 RCW. [1993 c 449 § 7; 1967
c 164 § 12; 1965 c 7 § 35.31.020. Prior: 1957 c 224 § 3; 1917
c 96 § 1; 1915 c 148 § 1; 1909 c 83 § 2; RRS § 9479.]
35.31.020
Purpose—Severability—1993 c 449: See notes following RCW
4.96.010.
are fully paid. [1973 1st ex.s. c 195 § 19; 1965 c 7 §
35.31.060. Prior: 1909 c 128 § 3; RRS § 9484.]
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
35.31.070 Surplus to current expense fund. If there is
no judgment outstanding against the city or town for personal
injuries the money remaining in the accident fund after the
payment of the warrants drawn on that fund and interest in
full shall be transferred to the current expense fund. [1965 c
7 § 35.31.070. Prior: 1909 c 128 § 4; RRS § 9485.]
35.31.070
Purpose—Severability—1967 c 164: See notes following RCW
4.96.010.
Chapter 35.32A
Tortious conduct of political subdivisions and municipal corporations, liability for damages: Chapter 4.96 RCW.
35.31.040 Noncharter cities and towns—Manner of
filing—Report. All claims for damages against noncharter
cities and towns shall be filed in the manner set forth in chapter 4.96 RCW.
No ordinance or resolution shall be passed allowing such
claim or any part thereof, or appropriating any money or
other property to pay or satisfy the same or any part thereof,
until the claim has first been referred to the proper department or committee, nor until such department or committee
has made its report to the council thereon pursuant to such
reference. [1993 c 449 § 8; 1989 c 74 § 1; 1967 c 164 § 13;
1965 c 7 § 35.31.040. Prior: 1957 c 224 § 4; 1915 c 148 § 2;
1909 c 167 § 1; RRS § 9481.]
Chapter 35.32A RCW
BUDGETS IN CITIES OVER
THREE HUNDRED THOUSAND
35.31.040
Purpose—Severability—1993 c 449: See notes following RCW
4.96.010.
Purpose—Severability—1967 c 164: See notes following RCW
4.96.010.
Actions against political subdivisions, municipal corporations, and quasi
municipal corporations: Chapter 4.96 RCW.
Limitation of actions: Chapter 4.16 RCW.
Sections
35.32A.010 Budget to be enacted—Exempted functions or programs.
35.32A.020 Budget director.
35.32A.030 Estimates of revenues and expenditures—Preparation of proposed budget—Submission to city council—Copies—Publication.
35.32A.040 Consideration by city council—Hearings—Revision by council.
35.32A.050 Adoption of budget—Expenditure allowances constitute
appropriations—Reappropriations—Transfers of allowances.
35.32A.060 Emergency fund.
35.32A.070 Utilities—Exemption from budgetary control.
35.32A.080 Unexpended appropriations—Annual—Operating and maintenance—Capital and betterment outlays.
35.32A.090 Budget mandatory—Other expenditures void—Liability of
public officials—Penalty.
35.32A.900 Short title.
35.32A.910 Severability—1967 c 7.
Budgets
expenditures for streets: RCW 35.76.060.
leases with or without option to purchase, budget to provide for payment
of rentals: RCW 35.42.220.
Limitations upon indebtedness: State Constitution Art. 7 § 2 (Amendments
55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW
84.52.050.
35.31.050 Accident fund—Warrants for judgments.
Every city of the second class and town may create an accident fund upon which the clerk shall draw warrants for the
full amount of any judgment including interest and costs
against the city or town on account of personal injuries suffered by any person as shown by a transcript of the judgment
duly certified to the clerk. The warrants shall be issued in
denominations not less than one hundred dollars nor more
than five hundred dollars; they shall draw interest at the rate
of six percent per annum, shall be numbered consecutively
and be paid in the order of their issue. [1994 c 81 § 55; 1965
c 7 § 35.31.050. Prior: (i) 1909 c 128 § 1; RRS § 9482. (ii)
1909 c 128 § 2; RRS § 9483. (iii) 1909 c 128 § 5; RRS §
9486.]
35.32A.010 Budget to be enacted—Exempted functions or programs. In each city of over three hundred thousand population, there shall be enacted annually by the legislative authority a budget covering all functions or programs
of such city except in those cities in which an ordinance has
been adopted under RCW 35.34.040 providing for a biennial
budget, in which case this chapter does not apply. In addition,
this chapter shall not apply to any municipal transportation
system managed by a separate commission, the making of
expenditures from proceeds of general obligation and revenue bond sales, or the expenditure of moneys derived from
grants, gifts, bequests or devises for specified purposes.
[1985 c 175 § 3; 1967 c 7 § 3.]
35.31.060 Tax levy for fund. The city or town council
after the drawing of warrants against the accident fund shall
estimate the amount necessary to pay the warrants with
accrued interest thereon, and shall levy a tax sufficient to pay
that amount not exceeding seventy-five cents per thousand
dollars of assessed value. If a single levy of seventy-five
cents per thousand dollars of assessed value is not sufficient,
an annual levy of seventy-five cents per thousand dollars of
assessed value shall be made until the warrants and interest
35.32A.020 Budget director. There shall be a budget
director, appointed by the mayor without regard to civil service rules and regulations and subject to confirmation by a
majority of the members of the city council, who shall be in
charge of the city budget office and, under the direction of the
mayor, shall be responsible for preparing the budget and
supervising its execution. The budget director may be
removed by the mayor upon filing with the city council a
statement of his reasons therefor. [1967 c 7 § 4.]
35.31.050
35.31.060
[Title 35 RCW—page 136]
35.32A.010
35.32A.020
(2008 Ed.)
Budgets in Cities Over Three Hundred Thousand
35.32A.030 Estimates of revenues and expenditures—Preparation of proposed budget—Submission to
city council—Copies—Publication. The heads of all
departments, divisions or agencies of the city government,
including the library department, and departments headed by
commissions or elected officials shall submit to the mayor
estimates of revenues and necessary expenditures for the
ensuing fiscal year in such detail, in such form and at such
time as the mayor shall prescribe.
The budget director shall assemble all estimates of revenues; necessary departmental expenditures; interest and
redemption requirements for any city debt; and other pertinent budgetary information as may be required by uniform
regulations of the state auditor; and, under the direction of the
mayor, prepare a proposed budget for presentation to the city
council.
The revenue estimates shall be based primarily on the
collection experience of the first six months of the current fiscal year and the last six months of the preceding fiscal year
and shall not include revenue from any source in excess of
the amount so collected unless it shall be reasonably anticipated that such excess amounts will in fact be realized. The
estimated revenues shall include sources previously established by law and unencumbered fund balances estimated to
be available at the close of the current fiscal year. The estimated expenditures in the proposed budget shall, in no event,
exceed such estimated revenues: PROVIDED, That the
mayor may recommend expenditures exceeding the estimated revenues when accompanied by proposed legislation
to raise at least an equivalent amount of additional revenue.
The mayor shall submit the proposed budget to the city
council not later than ninety days prior to the beginning of the
ensuing fiscal year.
The budget director shall cause sufficient copies of the
proposed budget to be prepared and made available to all
interested persons and shall cause a summary of the proposed
budget to be published at least once in the city official newspaper. [1985 c 175 § 62; 1967 c 7 § 5.]
35.32A.030
35.32A.040 Consideration by city council—Hearings—Revision by council. The city council shall forthwith
consider the proposed budget submitted by the mayor and
shall cause such public hearings to be scheduled on two or
more days to allow all interested persons to be heard. Such
hearings shall be announced by public notice published in the
city official newspaper as well as provided to general news
media.
The city council may insert new expenditure allowances,
increase or decrease expenditure allowances recommended
by the mayor, or revise estimates of revenues subject to the
same restrictions as are herein imposed on the mayor; but
may not adopt a budget in which the total expenditure allowances exceed the total estimated revenues as defined in RCW
35.32A.030 for the ensuing fiscal year. [1985 c 175 § 63;
1967 c 7 § 6.]
35.32A.040
35.32A.050 Adoption of budget—Expenditure allowances constitute appropriations—Reappropriations—
Transfers of allowances. Not later than thirty days prior to
the beginning of the ensuing fiscal year the city council shall,
35.32A.050
(2008 Ed.)
35.32A.070
by ordinance adopt the budget submitted by the mayor as
modified by the city council.
The expenditure allowances as set forth in the enacted
budget shall constitute the budget appropriations for the
ensuing fiscal year. The city council by ordinance may, during the fiscal year covered by the enacted budget, abrogate or
decrease any unexpended allowance contained within the
budget and reappropriate such unexpended allowances for
other functions or programs. Transfers between allowances
in the budget of any department, division or agency may be
made upon approval by the budget director pursuant to such
regulations as may be prescribed by ordinance. [1967 c 7 §
7.]
35.32A.060 Emergency fund. Every city having a population of over three hundred thousand may maintain an
emergency fund, which fund balance shall not exceed thirtyseven and one-half cents per thousand dollars of assessed
value. Such fund shall be maintained by an annual budget
allowance. When the necessity therefor arises transfers may
be made to the emergency fund from any tax-supported fund
except bond interest and redemption funds.
The city council by an ordinance approved by two-thirds
of all of its members may authorize the expenditure of sufficient money from the emergency fund, or other designated
funds, to meet the expenses or obligations:
(1) Caused by fire, flood, explosion, storm, earthquake,
epidemic, riot, insurrection, act of God, act of the public
enemy or any other such happening that could not have been
anticipated; or
(2) For the immediate preservation of order or public
health or for the restoration to a condition of usefulness of
public property the usefulness of which has been destroyed
by accident; or
(3) In settlement of approved claims for personal injuries
or property damages, exclusive of claims arising from the
operation of a public utility owned by the city; or
(4) To meet mandatory expenditures required by laws
enacted since the last budget was adopted.
The city council by an ordinance approved by threefourths of all its members may appropriate from the emergency fund, or other designated funds, an amount sufficient
to meet the actual necessary expenditures of the city for
which insufficient or no appropriations have been made due
to causes which could not reasonably have been foreseen at
the time of the making of the budget.
An ordinance authorizing an emergency expenditure
shall become effective immediately upon being approved by
the mayor or upon being passed over his veto as provided by
the city charter. [1985 c 175 § 64; 1973 1st ex.s. c 195 § 20;
1967 c 7 § 8.]
35.32A.060
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
35.32A.070 Utilities—Exemption from budgetary
control. Notwithstanding the provisions of this chapter, the
public utilities owned by a city having a population of over
three hundred thousand supported wholly by revenues
derived from sources other than taxation, may make expenditures for utility purposes not contemplated in the annual bud35.32A.070
[Title 35 RCW—page 137]
35.32A.080
Title 35 RCW: Cities and Towns
get, as the legislative authority by ordinance shall allow.
[1967 c 7 § 9.]
35.32A.080 Unexpended appropriations—Annual—
Operating and maintenance—Capital and betterment
outlays. The whole or any part of any appropriation provided in the budget for operating and maintenance expenses
of any department or activity remaining unexpended or unencumbered at the close of the fiscal year shall automatically
lapse, except any such appropriation as the city council shall
continue by ordinance. The whole or any part of any appropriation provided in the budget for capital or betterment outlays of any department or activity remaining unexpended or
unencumbered at the close of the fiscal year shall remain in
full force and effect and shall be held available for the following year, except any such appropriation as the city council by
ordinance may have abandoned. [1967 c 7 § 10.]
35.32A.080
35.32A.090 Budget mandatory—Other expenditures
void—Liability of public officials—Penalty. (1) There
shall be no orders, authorizations, allowances, contracts or
payments made or attempted to be made in excess of the
expenditure allowances authorized in the final budget as
adopted or modified as provided in this chapter, and any such
attempted excess expenditure shall be void and shall never be
the foundation of a claim against the city.
(2) Any public official authorizing, auditing, allowing,
or paying any claims or demands against the city in violation
of the provisions of this chapter shall be jointly and severally
liable to the city in person and upon their official bonds to the
extent of any payments upon such claims or demands.
(3) Any person violating any of the provisions of this
chapter, in addition to any other liability or penalty provided
therefor, is guilty of a misdemeanor. [2003 c 53 § 198; 1967
c 7 § 11.]
35.32A.090
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
35.32A.900 Short title. This chapter shall be known
and may be cited as the budget act for cities over three hundred thousand population. [1967 c 7 § 2.]
35.32A.900
35.32A.910 Severability—1967 c 7. If any provision of
this act, or its application to any person or circumstance, is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances, is not affected.
[1967 c 7 § 12.]
35.32A.910
Chapter 35.33 RCW
BUDGETS IN SECOND AND THIRD-CLASS CITIES,
TOWNS, AND FIRST-CLASS CITIES UNDER
THREE HUNDRED THOUSAND
Chapter 35.33
Sections
35.33.011
35.33.020
35.33.031
35.33.041
35.33.051
35.33.055
35.33.057
35.33.061
Definitions.
Applicability of chapter.
Budget estimates.
Budget estimates—Classification and segregation.
Budget—Preliminary.
Budget—Preliminary—Filing—Copies.
Budget message—Hearings.
Budget—Notice of hearing on final.
[Title 35 RCW—page 138]
35.33.071
35.33.075
35.33.081
35.33.091
35.33.101
35.33.106
35.33.107
35.33.111
35.33.121
35.33.123
35.33.125
35.33.131
35.33.135
35.33.141
35.33.145
35.33.147
35.33.151
35.33.170
Budget—Final—Hearing.
Budget—Final—Adoption—Appropriations.
Emergency expenditures—Nondebatable emergencies.
Emergency expenditures—Other emergencies—Hearing.
Emergency warrants.
Registered warrants—Payment.
Adjustment of wages, hours, and conditions of employment.
Forms—Accounting—Supervision by state.
Funds—Limitations on expenditures—Transfers.
Administration, oversight, or supervision of utility—Reimbursement from utility budget authorized.
Liabilities incurred in excess of budget.
Funds received from sale of bonds and warrants—Expenditure
program.
Revenue estimates—Amount to be raised by ad valorem taxes.
Report of expenditures and liabilities against budget appropriations.
Contingency fund—Creation—Purpose—Support—Lapse.
Contingency fund—Withdrawals.
Unexpended appropriations.
Violations and penalties.
Budgets
expenditures for streets: RCW 35.76.060.
leases with or without option to purchase, budget to provide for payment
of rentals: RCW 35.42.220.
Limitations upon indebtedness: State Constitution Art. 8 § 6 (Amendment
27), Art. 7 § 2 (Amendments 55, 59), chapter 39.36 RCW, RCW
84.52.050.
35.33.011 Definitions. Unless the context clearly indicates otherwise, the following words as used in this chapter
shall have the meaning herein prescribed:
(1) "Clerk" as used in this chapter includes the officer
performing the functions of a finance or budget director,
comptroller, auditor, or by whatever title he may be known in
any city or town.
(2) "Department" as used in this chapter includes each
office, division, service, system or institution of the city or
town for which no other statutory or charter provision is
made for budgeting and accounting procedures or controls.
(3) "Legislative body" as used in this chapter includes
council, commission or any other group of officials serving
as the legislative body of a city or town.
(4) "Chief administrative officer" as used in this chapter
includes the mayor of cities or towns having a mayor-council
form of government, the commissioners in cities or towns
having a commission form of government, the city manager,
or any other city or town official designated by the charter or
ordinances of such city or town under the plan of government
governing the same, or the budget or finance officer designated by the mayor, manager or commissioners, to perform
the functions, or portions thereof, contemplated by this chapter.
(5) "Fiscal year" as used in this chapter means that fiscal
period set by the city or town pursuant to authority given
under RCW 1.16.030.
(6) "Fund", as used in this chapter and "funds" where
clearly used to indicate the plural of "fund", shall mean the
budgeting or accounting entity authorized to provide a sum of
money for specified activities or purposes.
(7) "Funds" as used in this chapter where not used to
indicate the plural of "fund" shall mean money in hand or
available for expenditure or payment of a debt or obligation.
(8) Except as otherwise defined herein, municipal
accounting terms used in this chapter shall have the meaning
prescribed by the state auditor pursuant to RCW 43.09.200.
[1981 c 40 § 1; 1969 ex.s. c 95 § 1.]
35.33.011
(2008 Ed.)
Budgets in Second and Third-Class Cities, Towns, and First-Class Cities Under 300,000
35.33.020 Applicability of chapter. The provisions of
this chapter apply to all cities of the first class that have a
population of less than three hundred thousand, to all cities of
the second class, and to all towns, except those cities and
towns that have adopted an ordinance under RCW 35.34.040
providing for a biennial budget. [1997 c 361 § 14; 1985 c 175
§ 4; 1969 ex.s. c 95 § 2; 1965 c 7 § 35.33.020. Prior: 1923 c
158 § 8; RRS § 9000-8.]
35.33.020
35.33.031 Budget estimates. On or before the second
Monday of the fourth month prior to the beginning of the
city’s or town’s next fiscal year, or at such other time as the
city or town may provide by ordinance or charter, the clerk
shall notify in writing the head of each department of a city or
town to file with the clerk within fourteen days of the receipt
of such notification, detailed estimates of the probable revenue from sources other than ad valorem taxation and of all
expenditures required by his or her department for the ensuing fiscal year. The notice shall be accompanied by the
proper forms provided by the clerk, prepared in accordance
with the requirements and classification established by the
state auditor. The clerk shall prepare the estimates for interest
and debt redemption requirements and all other estimates, the
preparation of which falls properly within the duties of his or
her office. The chief administrative officers of the city or
town shall submit to the clerk detailed estimates of all expenditures proposed to be financed from the proceeds of bonds or
warrants not yet authorized, together with a statement of the
proposed method of financing them. In the absence or disability of the official or person regularly in charge of a
department, the duties herein required shall devolve upon the
person next in charge of such department. [1995 c 301 § 39;
1969 ex.s. c 95 § 3.]
35.33.031
35.33.041 Budget estimates—Classification and segregation. All estimates of receipts and expenditures for the
ensuing year shall be fully detailed in the annual budget and
shall be classified and segregated according to a standard
classification of accounts to be adopted and prescribed by the
state auditor after consultation with the Washington finance
officers association, the association of Washington cities and
the association of Washington city managers. [1995 c 301 §
40; 1969 ex.s. c 95 § 4.]
35.33.041
35.33.051 Budget—Preliminary. On or before the first
business day in the third month prior to the beginning of the
fiscal year of a city or town or at such other time as the city or
town may provide by ordinance or charter, the clerk or other
person designated by the charter, by ordinances, or by the
chief administrative officer of the city or town shall submit to
the chief administrative officer a proposed preliminary budget which shall set forth the complete financial program of
the city or town for the ensuing fiscal year, showing the
expenditure program requested by each department and the
sources of revenue by which each such program is proposed
to be financed.
The revenue section shall set forth in comparative and
tabular form for each fund the actual receipts for the last completed fiscal year, the estimated receipts for the current fiscal
year and the estimated receipts for the ensuing fiscal year,
which shall include the amount to be raised from ad valorem
35.33.051
(2008 Ed.)
35.33.061
taxes and unencumbered fund balances estimated to be available at the close of the current fiscal year.
The expenditure section shall set forth in comparative
and tabular form for each fund and every department operating within each fund the actual expenditures for the last completed fiscal year, the appropriations for the current fiscal
year and the estimated expenditures for the ensuing fiscal
year. The salary or salary range for each office, position or
job classification shall be set forth separately together with
the title or position designation thereof: PROVIDED, That
salaries may be set out in total amounts under each department if a detailed schedule of such salaries and positions be
attached to and made a part of the budget document. [1969
ex.s. c 95 § 5.]
35.33.055 Budget—Preliminary—Filing—Copies.
The chief administrative officer shall prepare the preliminary
budget in detail, making any revisions or additions to the
reports of the department heads deemed advisable by such
chief administrative officer and at least sixty days before the
beginning of the city’s or town’s next fiscal year he shall file
it with the clerk as the recommendation of the chief administrative officer for the final budget. The clerk shall provide a
sufficient number of copies of such preliminary budget and
budget message to meet the reasonable demands of taxpayers
therefor and have them available for distribution not later
than six weeks before the beginning of the city’s or town’s
next fiscal year. [1969 ex.s. c 95 § 6.]
35.33.055
35.33.057 Budget message—Hearings. In every city
or town a budget message prepared by or under the direction
of the city’s or town’s chief administrative officer shall be
submitted as a part of the preliminary budget to the city’s or
town’s legislative body at least sixty days before the beginning of the city’s or town’s next fiscal year and shall contain
the following:
(1) An explanation of the budget document;
(2) An outline of the recommended financial policies and
programs of the city for the ensuing fiscal year;
(3) A statement of the relation of the recommended
appropriation to such policies and programs;
(4) A statement of the reason for salient changes from
the previous year in appropriation and revenue items;
(5) An explanation for any recommended major changes
in financial policy.
Prior to the final hearing on the budget, the legislative
body or a committee thereof, shall schedule hearings on the
budget or parts thereof, and may require the presence of
department heads to give information regarding estimates
and programs. [1969 ex.s. c 95 § 7.]
35.33.057
35.33.061 Budget—Notice of hearing on final. Immediately following the filing of the preliminary budget with the
clerk, the clerk shall publish a notice once each week for two
consecutive weeks stating that the preliminary budget for the
ensuing fiscal year has been filed with the clerk; that a copy
thereof will be furnished to any taxpayer who will call at the
clerk’s office therefor and that the legislative body of the city
or town will meet on or before the first Monday of the month
next preceding the beginning of the ensuing fiscal year for the
35.33.061
[Title 35 RCW—page 139]
35.33.071
Title 35 RCW: Cities and Towns
purpose of fixing the final budget, designating the date, time
and place of the legislative budget meeting and that any taxpayer may appear thereat and be heard for or against any part
of the budget. The publication of the notice shall be made in
the official newspaper of the city or town. [1985 c 469 § 27;
1973 c 67 § 2; 1969 ex.s. c 95 § 8.]
35.33.071 Budget—Final—Hearing. The council
shall meet on the day fixed by RCW 35.33.061 for the purpose of fixing the final budget of the city or town at the time
and place designated in the notice thereof. Any taxpayer may
appear and be heard for or against any part of the budget. The
hearing may be continued from day to day but not later than
the twenty-fifth day prior to commencement of the city’s or
town’s fiscal year. [1969 ex.s. c 95 § 9.]
35.33.071
35.33.075 Budget—Final—Adoption—Appropriations. Following conclusion of the hearing, and prior to the
beginning of the fiscal year, the legislative body shall make
such adjustments and changes as it deems necessary or
proper and after determining the allowance in each item,
department, classification and fund, and shall by ordinance,
adopt the budget in its final form and content. Appropriations
shall be limited to the total estimated revenues contained
therein including the amount to be raised by ad valorem taxes
and the unencumbered fund balances estimated to be available at the close of the current fiscal year. Such ordinances
may adopt the final budget by reference: PROVIDED, That
the ordinance adopting such budget shall set forth in summary form the totals of estimated revenues and appropriations for each separate fund and the aggregate totals for all
such funds combined.
A complete copy of the final budget as adopted shall be
transmitted to the association of Washington cities. [1995 c
301 § 41; 1969 ex.s. c 95 § 10.]
35.33.075
35.33.081 Emergency expenditures—Nondebatable
emergencies. Upon the happening of any emergency caused
by violence of nature, casualty, riot, insurrection, war, or
other unanticipated occurrence requiring the immediate preservation of order or public health, or for the restoration to a
condition of usefulness of any public property which has
been damaged or destroyed by accident, or for public relief
from calamity, or in settlement of approved claims for personal injuries or property damages, or to meet mandatory
expenditures required by laws enacted since the last annual
budget was adopted, or to cover expenses incident to preparing for or establishing a new form of government authorized
or assumed after adoption of the current budget, including
any expenses incident to selection of additional or new officials required thereby, or incident to employee recruitment at
any time, the city or town legislative body, upon the adoption
of an ordinance, by the vote of one more than the majority of
all members of the legislative body, stating the facts constituting the emergency and the estimated amount required to
meet it, may make the expenditures therefor without notice or
hearing. [1969 ex.s. c 95 § 11.]
35.33.081
35.33.091 Emergency expenditures—Other emergencies—Hearing. If a public emergency which could not
35.33.091
[Title 35 RCW—page 140]
reasonably have been foreseen at the time of filing the preliminary budget requires the expenditure of money not provided for in the annual budget, and if it is not one of the emergencies specifically enumerated in RCW 35.33.081, the city
or town legislative body before allowing any expenditure
therefor shall adopt an ordinance stating the facts constituting
the emergency and the estimated amount required to meet it
and declaring that an emergency exists.
Such ordinance shall not be voted on until five days have
elapsed after its introduction, and for passage shall require
the vote of one more than the majority of all members of the
legislative body of the city or town.
Any taxpayer may appear at the meeting at which the
emergency ordinance is to be voted on and be heard for or
against the adoption thereof. [1969 ex.s. c 95 § 12.]
35.33.101 Emergency warrants. All expenditures for
emergency purposes as provided in this chapter shall be paid
by warrants from any available money in the fund properly
chargeable with such expenditures. If, at any time, there is
insufficient money on hand in a fund with which to pay such
warrants as presented, the warrants shall be registered, bear
interest and be called in the same manner as other registered
warrants as prescribed in RCW 35.33.111. [1969 ex.s. c 95 §
13.]
35.33.101
Warrants—Interest rate—Payment: RCW 35.21.320.
35.33.106 Registered warrants—Payment. In adopting the final budget for any fiscal year, the legislative body
shall appropriate from estimated revenue sources available, a
sufficient amount to pay the principal and interest on all outstanding registered warrants issued since the adoption of the
last preceding budget except those issued and identified as
revenue warrants and except those for which an appropriation
previously has been made: PROVIDED, That no portion of
the revenues which are restricted in use by law may be appropriated for the redemption of warrants issued against a utility
or other special purpose fund of a self-supporting nature:
PROVIDED FURTHER, That all or any portion of the city’s
or town’s outstanding registered warrants may be funded into
bonds in any manner authorized by law. [1969 ex.s. c 95 §
14.]
35.33.106
35.33.107 Adjustment of wages, hours, and conditions of employment. Notwithstanding the appropriations
for any salary, or salary range of any employee or employees
adopted in a final budget, the legislative body of any city or
town may, by ordinance, change the wages, hours, and conditions of employment of any or all of its appointive employees
if sufficient funds are available for appropriation to such purposes. [1969 ex.s. c 95 § 15.]
35.33.107
35.33.111 Forms—Accounting—Supervision by
state. The state auditor is empowered to make and install the
forms and classifications required by this chapter to define
what expenditures are chargeable to each budget class and to
establish the accounting and cost systems necessary to secure
accurate budget information. [1995 c 301 § 42; 1969 ex.s. c
95 § 16.]
35.33.111
(2008 Ed.)
Budgets in Second and Third-Class Cities, Towns, and First-Class Cities Under 300,000
35.33.121 Funds—Limitations on expenditures—
Transfers. The expenditures as classified and itemized in
the final budget shall constitute the city’s or town’s appropriations for the ensuing fiscal year. Unless otherwise ordered
by a court of competent jurisdiction, and subject to further
limitations imposed by ordinance of the city or town, the
expenditure of city or town funds or the incurring of current
liabilities on behalf of the city or town shall be limited to the
following:
(1) The total amount appropriated for each fund in the
budget for the current fiscal year, without regard to the individual items contained therein, except that this limitation
shall not apply to wage adjustments authorized by RCW
35.33.107; and
(2) The unexpended appropriation balances of a preceding budget which may be carried forward from prior fiscal
years pursuant to RCW 35.33.151; and
(3) Funds received from the sale of bonds or warrants
which have been duly authorized according to law; and
(4) Funds received in excess of estimated revenues during the current fiscal year, when authorized by an ordinance
amending the original budget; and
(5) Expenditures required for emergencies, as authorized
in RCW 35.33.081 and 35.33.091.
Transfers between individual appropriations within any
one fund may be made during the current fiscal year by order
of the city’s or town’s chief administrative officer subject to
such regulations, if any, as may be imposed by the city or
town legislative body. Notwithstanding the provisions of
RCW 43.09.210 or of any statute to the contrary, transfers, as
herein authorized, may be made within the same fund regardless of the various offices, departments or divisions of the
city or town which may be affected.
The city or town legislative body, upon a finding that it
is to the best interests of the city or town to decrease, revoke
or recall all or any portion of the total appropriations provided for any one fund, may, by ordinance, approved by the
vote of one more than the majority of all members thereof,
stating the facts and findings for doing so, decrease, revoke or
recall all or any portion of an unexpended fund balance, and
by said ordinance, or a subsequent ordinance adopted by a
like majority, the moneys thus released may be reappropriated for another purpose or purposes, without limitation to
department, division or fund, unless the use of such moneys
is otherwise restricted by law, charter, or ordinance. [1969
ex.s. c 95 § 17.]
35.33.121
35.33.123 Administration, oversight, or supervision
of utility—Reimbursement from utility budget authorized. Whenever any city or town apportions a percentage of
the city manager’s, administrator’s, or supervisor’s time, or
the time of other management or general government staff,
for administration, oversight, or supervision of a utility operated by the city or town, or to provide services to the utility,
the utility budget may identify such services and budget for
reimbursement of the city’s or town’s current expense fund
for the value of such services. [1991 c 152 § 1.]
35.33.123
35.33.125 Liabilities incurred in excess of budget.
Liabilities incurred by any officer or employee of the city or
town in excess of any budget appropriations shall not be a lia35.33.125
(2008 Ed.)
35.33.145
bility of the city or town. The clerk shall issue no warrant and
the city or town legislative body or other authorized person
shall approve no claim for an expenditure in excess of the
total amount appropriated for any individual fund, except
upon an order of a court of competent jurisdiction or for
emergencies as provided in this chapter. [1969 ex.s. c 95 §
18.]
35.33.131 Funds received from sale of bonds and
warrants—Expenditure program. Moneys received from
the sale of bonds or warrants shall be used for no other purpose than that for which they were issued and no expenditure
shall be made for that purpose until the bonds have been duly
authorized. If any unexpended fund balance remains from the
proceeds realized from the bonds or warrants after the accomplishment of the purpose for which they were issued it shall
be used for the redemption of such bond or warrant indebtedness. Where a budget contains an expenditure program to be
financed from a bond issue to be authorized thereafter, no
such expenditure shall be made or incurred until after the
bonds have been duly authorized. [1969 ex.s. c 95 § 19.]
35.33.131
35.33.135 Revenue estimates—Amount to be raised
by ad valorem taxes. At a time fixed by the city’s or town’s
ordinance or city charter, not later than the first Monday in
October of each year, the chief administrative officer shall
provide the city’s or town’s legislative body with current
information on estimates of revenues from all sources as
adopted in the budget for the current year, together with estimates submitted by the clerk under RCW 35.33.051. The
city’s or town’s legislative body and the city’s or town’s
administrative officer or his designated representative shall
consider the city’s or town’s total anticipated financial
requirements for the ensuing fiscal year, and the legislative
body shall determine and fix by ordinance the amount to be
raised by ad valorem taxes. Upon adoption of the ordinance
fixing the amount of ad valorem taxes to be levied, the clerk
shall certify the same to the board of county commissioners
as required by RCW 84.52.020. [1969 ex.s. c 95 § 20.]
35.33.135
35.33.141 Report of expenditures and liabilities
against budget appropriations. At such intervals as may be
required by city charter or city or town ordinance, however,
being not less than quarterly, the clerk shall submit to the
city’s or town’s legislative body and chief administrative
officer a report showing the expenditures and liabilities
against each separate budget appropriation incurred during
the preceding reporting period and like information for the
whole of the current fiscal year to the first day of the current
reporting period together with the unexpended balance of
each appropriation. The report shall also show the receipts
from all sources. [1969 ex.s. c 95 § 21.]
35.33.141
35.33.145 Contingency fund—Creation—Purpose—
Support—Lapse. Every city or town may create and maintain a contingency fund to provide moneys with which to
meet any municipal expense, the necessity or extent of which
could not have been foreseen or reasonably evaluated at the
time of adopting the annual budget, or from which to provide
moneys for those emergencies described in RCW 35.33.081
35.33.145
[Title 35 RCW—page 141]
35.33.147
Title 35 RCW: Cities and Towns
and 35.33.091. Such fund may be supported by a budget
appropriation from any tax or other revenue source not
restricted in use by law, or also may be supported by a transfer from other unexpended or decreased funds made available
by ordinance as set forth in RCW 35.33.121: PROVIDED,
That the total amount accumulated in such fund at any time
shall not exceed the equivalent of thirty-seven and one-half
cents per thousand dollars of assessed valuation of property
within the city or town at such time. Any moneys in the contingency fund at the end of the fiscal year shall not lapse
except upon reappropriation by the council to another fund in
the adoption of a subsequent budget. [1973 1st ex.s. c 195 §
21; 1969 ex.s. c 95 § 22.]
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
35.33.147 Contingency fund—Withdrawals. No
money shall be withdrawn from the contingency fund except
by transfer to the appropriate operating fund authorized by a
resolution or ordinance of the legislative body of the city or
town, adopted by a majority vote of the entire legislative
body, clearly stating the facts constituting the reason for the
withdrawal or the emergency as the case may be, specifying
the fund to which the withdrawn money shall be transferred.
[1969 ex.s. c 95 § 23.]
35.33.147
35.33.151 Unexpended appropriations. All appropriations in any current operating fund shall lapse at the end of
each fiscal year: PROVIDED, That this shall not prevent
payments in the following year upon uncompleted programs
or improvements in progress or on orders subsequently filled
or claims subsequently billed for the purchase of material,
equipment and supplies or for personal or contractual services not completed or furnished by the end of the fiscal year,
all of which have been properly budgeted and contracted for
prior to the close of such fiscal year but furnished or completed in due course thereafter.
All appropriations in a special fund authorized by ordinance or by state law to be used only for the purpose or purposes therein specified, including any cumulative reserve
funds lawfully established in specific or general terms for any
municipal purpose or purposes, or a contingency fund as
authorized by RCW 35.33.145, shall not lapse, but shall be
carried forward from year to year until fully expended or the
purpose has been accomplished or abandoned, without necessity of reappropriation.
The accounts for budgetary control for each fiscal year
shall be kept open for twenty days after the close of such fiscal year for the purpose of paying and recording claims for
indebtedness incurred during such fiscal year; any claim presented after the twentieth day following the close of the fiscal
year shall be paid from appropriations lawfully provided for
the ensuing period, including those made available by provisions of this section, and shall be recorded in the accounts for
the ensuing fiscal year. [1969 ex.s. c 95 § 24.]
35.33.151
35.33.170 Violations and penalties. Upon the conviction of any city or town official, department head or other city
or town employee of knowingly failing, or refusing, without
just cause, to perform any duty imposed upon such officer or
employee by this chapter, or city charter or city or town ordinance, in connection with the giving of notice, the preparing
and filing of estimates of revenues or expenditures or other
information required for preparing a budget report in the time
and manner required, or of knowingly making expenditures
in excess of budget appropriations, he shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars for each separate violation. [1969 ex.s. c 95 § 25.]
Chapter 35.34
Chapter 35.34 RCW
BIENNIAL BUDGETS
Sections
35.34.010
35.34.020
35.34.030
35.34.040
35.34.050
35.34.060
35.34.070
35.34.080
35.34.090
35.34.100
35.34.110
35.34.120
35.34.130
35.34.140
35.34.150
35.34.160
35.34.170
35.34.180
35.34.190
35.34.200
35.34.205
35.34.210
35.34.220
35.34.230
35.34.240
35.34.250
35.34.260
35.34.270
35.34.280
Legislative intent.
Application of chapter.
Definitions.
Biennial budget authorized—Limitations.
Budget estimates—Submittal.
Budget estimates—Classification and segregation.
Proposed preliminary budget.
Preliminary budget.
Budget message—Hearings.
Budget—Notice of hearing.
Budget—Hearing.
Budget—Adoption.
Budget—Mid-biennial review and modification.
Emergency expenditures—Nondebatable emergencies.
Emergency expenditures—Other emergencies—Hearing.
Emergency expenditures—Warrants—Payment.
Registered warrants—Payment.
Adjustment of wages, hours, and conditions of employment.
Forms—Accounting—Supervision by state.
Funds—Limitations on expenditures—Transfers and adjustments.
Administration, oversight, or supervision of utility—Reimbursement from utility budget authorized.
Liabilities incurred in excess of budget.
Funds received from sales of bonds and warrants—Expenditures.
Revenue estimates—Amount to be raised by ad valorem taxes.
Funds—Quarterly report of status.
Contingency fund—Creation.
Contingency fund—Withdrawals.
Unexpended appropriations.
Violations and penalties.
35.34.010 Legislative intent. The legislature hereby
recognizes that the development and adoption of a budget by
a city or town is a lengthy and intense process designed to
provide adequate opportunities for public input and sufficient
time for deliberation and enactment by the legislative authority. The legislature also recognizes that there are limited
amounts of time available and that time committed for budgetary action reduces opportunities for deliberating other
issues. It is, therefore, the intent of the legislature to authorize
cities and towns to establish by ordinance a biennial budget
and to provide the means for modification of such budget.
This chapter and chapter 35A.34 RCW shall be known as the
municipal biennial budget act. [1985 c 175 § 1.]
35.34.010
35.34.020 Application of chapter. This chapter applies
to all cities of the first and second classes and to all towns,
that have by ordinance adopted this chapter authorizing the
adoption of a fiscal biennium budget. [1997 c 361 § 15; 1985
c 175 § 5.]
35.34.020
35.33.170
[Title 35 RCW—page 142]
35.34.030 Definitions. Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter.
35.34.030
(2008 Ed.)
Biennial Budgets
(1) "Clerk" includes the officer performing the functions
of a finance or budget director, comptroller, auditor, or by
whatever title the officer may be known in any city or town.
However, for cities over three hundred thousand, "clerk"
means the budget director as authorized under RCW
35.32A.020.
(2) "Department" includes each office, division, service,
system, or institution of the city or town for which no other
statutory or charter provision is made for budgeting and
accounting procedures or controls.
(3) "Legislative body" includes the council, commission,
or any other group of officials serving as the legislative body
of a city or town.
(4) "Chief administrative officer" includes the mayor of
cities or towns having a mayor-council form of government,
the commissioners in cities or towns having a commission
form of government, the manager, or any other city or town
official designated by the charter or ordinances of such city or
town under the plan of government governing the same, or
the budget or finance officer designated by the mayor, manager, or commissioners, to perform the functions, or portions
thereof, contemplated by this chapter.
(5) "Fiscal biennium" means the period from January 1
of each odd-numbered year through December 31 of the next
succeeding even-numbered year.
(6) "Fund" and "funds" where clearly used to indicate the
plural of "fund" means the budgeting or accounting entity
authorized to provide a sum of money for specified activities
or purposes.
(7) "Funds" where not used to indicate the plural of
"fund" means money in hand or available for expenditure or
payment of a debt or obligation.
(8) Except as otherwise defined in this chapter, municipal accounting terms used in this chapter have the meaning
prescribed by the state auditor pursuant to RCW 43.09.200.
[1985 c 175 § 6.]
"Fiscal biennium" defined: RCW 1.16.020.
35.34.040 Biennial budget authorized—Limitations.
All first and second class cities and towns are authorized to
establish by ordinance a two-year fiscal biennium budget.
The ordinance shall be enacted at least six months prior to
commencement of the fiscal biennium and this chapter
applies to all cities and towns which utilize a fiscal biennium
budget. Cities and towns which establish a fiscal biennium
budget are authorized to repeal such ordinance and provide
for reversion to a fiscal year budget. The ordinance may only
be repealed effective as of the conclusion of a fiscal biennium. However, the city or town shall comply with chapter
35.32A or 35.33 RCW, whichever the case may be, in developing and adopting the budget for the first fiscal year following repeal of the ordinance. [1994 c 81 § 56; 1985 c 175 § 7.]
35.34.040
35.34.050 Budget estimates—Submittal. On or before
the second Monday of the fourth month prior to the beginning
of the city’s or town’s next fiscal biennium, or at such other
time as the city or town may provide by ordinance or charter,
the clerk shall notify in writing the head of each department
of a city or town to file with the clerk within fourteen days of
the receipt of such notification, detailed estimates of the
35.34.050
(2008 Ed.)
35.34.070
probable revenue from sources other than ad valorem taxation and of all expenditures required by the department for
the ensuing fiscal biennium. The notice shall be accompanied
by the proper forms provided by the clerk, prepared in accordance with the requirements and classification established by
the state auditor. The clerk shall prepare the estimates for
interest and debt redemption requirements and all other estimates, the preparation of which falls properly within the
duties of the clerk’s office. The chief administrative officers
of the city or town shall submit to the clerk detailed estimates
of all expenditures proposed to be financed from the proceeds
of bonds or warrants not yet authorized, together with a statement of the proposed method of financing them. In the
absence or disability of the official or person regularly in
charge of a department, the duties required by this section
shall devolve upon the person next in charge of such department. [1995 c 301 § 43; 1985 c 175 § 8.]
35.34.060 Budget estimates—Classification and segregation. All estimates of receipts and expenditures for the
ensuing fiscal biennium shall be fully detailed in the biennial
budget and shall be classified and segregated according to a
standard classification of accounts to be adopted and prescribed by the state auditor after consultation with the Washington finance officers association, the association of Washington cities, and the association of Washington city managers. [1995 c 301 § 44; 1985 c 175 § 9.]
35.34.060
35.34.070 Proposed preliminary budget. On or before
the first business day in the third month prior to the beginning
of the biennium of a city or town or at such other time as the
city or town may provide by ordinance or charter, the clerk or
other person designated by the charter, by ordinances, or by
the chief administrative officer of the city or town shall submit to the chief administrative officer a proposed preliminary
budget which shall set forth the complete financial program
of the city or town for the ensuing fiscal biennium, showing
the expenditure program requested by each department and
the sources of revenue by which each such program is proposed to be financed.
The revenue section shall set forth in comparative and
tabular form for each fund the actual receipts for the last completed fiscal biennium, the estimated receipts for the current
fiscal biennium, and the estimated receipts for the ensuing
fiscal biennium, which shall include the amount to be raised
from ad valorem taxes and unencumbered fund balances estimated to be available at the close of the current fiscal biennium. However, if the city or town was not utilizing a fiscal
biennium budget for the previous three years, it shall set forth
its fiscal years’ revenues to reflect actual and estimated
receipts as if it had previously utilized a biennial budgetary
process.
The expenditure section shall set forth in comparative
and tabular form for each fund and every department operating within each fund the actual expenditures for the last completed fiscal biennium, the appropriations for the current fiscal biennium, and the estimated expenditures for the ensuing
fiscal biennium. However, if the city or town was not utilizing a fiscal biennium budget for the previous three years, it
shall set forth its fiscal years’ expenditures to reflect actual
35.34.070
[Title 35 RCW—page 143]
35.34.080
Title 35 RCW: Cities and Towns
and estimated levels as if it had previously utilized a biennial
budgetary process. The expenditure section shall further set
forth separately the salary or salary range for each office,
position, or job classification together with the title or position designation thereof. However, salaries may be set out in
total amounts under each department if a detailed schedule of
such salaries and positions be attached and made a part of the
budget document. [1985 c 175 § 10.]
35.34.080 Preliminary budget. The chief administrative officer shall prepare the preliminary budget in detail,
making any revisions or additions to the reports of the department heads deemed advisable by such chief administrative
officer. At least sixty days before the beginning of the city’s
or town’s next fiscal biennium the chief administrative
officer shall file it with the clerk as the recommendation of
the chief administrative officer for the final budget. The clerk
shall provide a sufficient number of copies of such preliminary budget and budget message to meet the reasonable
demands of taxpayers therefor and have them available for
distribution not later than six weeks before the beginning of
the city’s or town’s next fiscal biennium. [1985 c 175 § 11.]
35.34.080
35.34.090 Budget message—Hearings. (1) In every
city or town, a budget message prepared by or under the
direction of the city’s or town’s chief administrative officer
shall be submitted as a part of the preliminary budget to the
city’s or town’s legislative body at least sixty days before the
beginning of the city’s or town’s next fiscal biennium and
shall contain the following:
(a) An explanation of the budget document;
(b) An outline of the recommended financial policies and
programs of the city or town for the ensuing fiscal biennium;
(c) A statement of the relation of the recommended
appropriation to such policies and programs;
(d) A statement of the reason for salient changes from
the previous biennium in appropriation and revenue items;
and
(e) An explanation for any recommended major changes
in financial policy.
(2) Prior to the final hearing on the budget, the legislative
body or a committee thereof shall schedule hearings on the
budget or parts thereof, and may require the presence of
department heads to give information regarding estimates
and programs. [1985 c 175 § 12.]
35.34.090
35.34.100 Budget—Notice of hearing. Immediately
following the filing of the preliminary budget with the clerk,
the clerk shall publish a notice once a week for two consecutive weeks stating that the preliminary budget for the ensuing
fiscal biennium has been filed with the clerk, that a copy
thereof will be made available to any taxpayer who will call
at the clerk’s office therefor, that the legislative body of the
city or town will meet on or before the first Monday of the
month next preceding the beginning of the ensuing fiscal
biennium for the purpose of fixing the final budget, designating the date, time, and place of the legislative budget meeting, and that any taxpayer may appear thereat and be heard
for or against any part of the budget. The publication of the
notice shall be made in the official newspaper of the city or
35.34.100
[Title 35 RCW—page 144]
town if there is one, otherwise in a newspaper of general circulation in the city or town. If there is no newspaper of general circulation in the city or town, then notice may be made
by posting in three public places fixed by ordinance as the
official places for posting the city’s or town’s official notices.
[1985 c 175 § 13.]
35.34.110 Budget—Hearing. The legislative body
shall meet on the day fixed by RCW 35.34.100 for the purpose of fixing the final budget of the city or town at the time
and place designated in the notice thereof. Any taxpayer may
appear and be heard for or against any part of the budget. The
hearing may be continued from day to day but not later than
the twenty-fifth day prior to commencement of the city’s or
town’s fiscal biennium. [1985 c 175 § 14.]
35.34.110
35.34.120 Budget—Adoption. Following conclusion
of the hearing, and prior to the beginning of the fiscal biennium, the legislative body shall make such adjustments and
changes as it deems necessary or proper and, after determining the allowance in each item, department, classification,
and fund, shall by ordinance adopt the budget in its final form
and content. Appropriations shall be limited to the total estimated revenues contained therein including the amount to be
raised by ad valorem taxes and the unencumbered fund balances estimated to be available at the close of the current fiscal biennium. Such ordinances may adopt the final budget by
reference. However, the ordinance adopting the budget shall
set forth in summary form the totals of estimated revenues
and appropriations for each separate fund and the aggregate
totals for all such funds combined.
A complete copy of the final budget as adopted shall be
transmitted to the state auditor and to the association of
Washington cities. [1995 c 301 § 45; 1985 c 175 § 15.]
35.34.120
35.34.130 Budget—Mid-biennial review and modification. The legislative authority of a city or town having
adopted the provisions of this chapter shall provide by ordinance for a mid-biennial review and modification of the biennial budget. The ordinance shall provide that such review and
modification shall occur no sooner than eight months after
the start nor later than conclusion of the first year of the fiscal
biennium. The chief administrative officer shall prepare the
proposed budget modification and shall provide for publication of notice of hearings consistent with publication of
notices for adoption of other city or town ordinances. City or
town ordinances providing for a mid-biennium review and
modification shall establish procedures for distribution of the
proposed modification to members of the city or town legislative authority, procedures for making copies available to
the public, and shall provide for public hearings on the proposed budget modification. The budget modification shall be
by ordinance approved in the same manner as are other ordinances of the city or town.
A complete copy of the budget modification as adopted
shall be transmitted to the state auditor and to the association
of Washington cities. [1995 c 301 § 46; 1985 c 175 § 16.]
35.34.130
35.34.140 Emergency expenditures—Nondebatable
emergencies. Upon the happening of any emergency caused
35.34.140
(2008 Ed.)
Biennial Budgets
by violence of nature, casualty, riot, insurrection, war, or
other unanticipated occurrence requiring the immediate preservation of order or public health, or for the property which
has been damaged or destroyed by accident, or for public
relief from calamity, or in settlement of approved claims for
personal injuries or property damages, or to meet mandatory
expenditures required by law enacted since the last budget
was adopted, or to cover expenses incident to preparing for or
establishing a new form of government authorized or
assumed after adoption of the current budget, including any
expenses incident to selection of additional or new officials
required thereby, or incident to employee recruitment at any
time, the city or town legislative body, upon the adoption of
an ordinance, by the vote of one more than the majority of all
members of the legislative body, stating the facts constituting
the emergency and the estimated amount required to meet it,
may make the expenditures therefor without notice or hearing. [1985 c 175 § 17.]
35.34.200
registered warrants may be funded into bonds in any manner
authorized by law. [1985 c 175 § 20.]
35.34.180 Adjustment of wages, hours, and conditions of employment. Notwithstanding the appropriations
for any salary or salary range of any employee or employees
adopted in a final budget, the legislative body of any city or
town may, by ordinance, change the wages, hours, and conditions of employment of any or all of its appointive employees
if sufficient funds are available for appropriation to such purposes. [1985 c 175 § 21.]
35.34.180
35.34.190 Forms—Accounting—Supervision by
state. The state auditor is empowered to make and install the
forms and classifications required by this chapter to define
what expenditures are chargeable to each budget class and to
establish the accounting and cost systems necessary to secure
accurate budget information. [1995 c 301 § 47; 1985 c 175 §
22.]
35.34.190
35.34.150
35.34.150 Emergency expenditures—Other emergencies—Hearing. If a public emergency which could not
reasonably have been foreseen at the time of filing the preliminary budget requires the expenditure of money not provided for in the budget, and if it is not one of the emergencies
specifically enumerated in RCW 35.34.140, the city or town
legislative body before allowing any expenditure therefor
shall adopt an ordinance stating the facts constituting the
emergency and the estimated amount required to meet it and
declaring that an emergency exists.
The ordinance shall not be voted on until five days have
elapsed after its introduction, and for passage shall require
the vote of one more than the majority of all members of the
legislative body of the city or town.
Any taxpayer may appear at the meeting at which the
emergency ordinance is to be voted on and be heard for or
against the adoption thereof. [1985 c 175 § 18.]
35.34.160
35.34.160 Emergency expenditures—Warrants—
Payment. All expenditures for emergency purposes as provided in this chapter shall be paid by warrants from any available money in the fund properly chargeable with such expenditures. If, at any time, there is insufficient money on hand in
a fund with which to pay such warrants as presented, the warrants shall be registered, bear interest, and be called in the
same manner as other registered warrants as prescribed in
RCW 35.21.320. [1985 c 175 § 19.]
35.34.170
35.34.170 Registered warrants—Payment. In adopting the final budget for any fiscal biennium, the legislative
body shall appropriate from estimated revenue sources available, a sufficient amount to pay the principal and interest on
all outstanding registered warrants issued since the adoption
of the last preceding budget except those issued and identified as revenue warrants and except those for which an appropriation previously has been made. However, no portion of
the revenues which are restricted in use by law may be appropriated for the redemption of warrants issued against a utility
or other special purpose fund of a self-supporting nature. In
addition, all or any portion of the city’s or town’s outstanding
(2008 Ed.)
35.34.200 Funds—Limitations on expenditures—
Transfers and adjustments. (1) The expenditures as classified and itemized in the final budget shall constitute the city’s
or town’s appropriations for the ensuing fiscal biennium.
Unless otherwise ordered by a court of competent jurisdiction, and subject to further limitations imposed by ordinance
of the city or town, the expenditure of city or town funds or
the incurring of current liabilities on behalf of the city or
town shall be limited to the following:
(a) The total amount appropriated for each fund in the
budget for the current fiscal biennium, without regard to the
individual items contained therein, except that this limitation
does not apply to wage adjustments authorized by RCW
35.34.180;
(b) The unexpended appropriation balances of a preceding budget which may be carried forward from prior fiscal
periods pursuant to RCW 35.34.270;
(c) Funds received from the sale of bonds or warrants
which have been duly authorized according to law;
(d) Funds received in excess of estimated revenues during the current fiscal biennium, when authorized by an ordinance amending the original budget; and
(e) Expenditures authorized by budget modification as
provided by RCW 35.34.130 and those required for emergencies, as authorized by RCW 35.34.140 and 35.34.150.
(2) Transfers between individual appropriations within
any one fund may be made during the current fiscal biennium
by order of the city’s or town’s chief administrative officer
subject to such regulations, if any, as may be imposed by the
city or town legislative body. Notwithstanding the provisions
of RCW 43.09.210 or of any statute to the contrary, transfers,
as authorized in this section, may be made within the same
fund regardless of the various offices, departments, or divisions of the city or town which may be affected.
(3) The city or town legislative body, upon a finding that
it is to the best interests of the city or town to decrease,
revoke, or recall all or any portion of the total appropriations
provided for any one fund, may, by ordinance, approved by
the vote of one more than the majority of all members
thereof, stating the facts and findings for doing so, decrease,
35.34.200
[Title 35 RCW—page 145]
35.34.205
Title 35 RCW: Cities and Towns
revoke, or recall all or any portion of an unexpended fund
balance, and by said ordinance, or a subsequent ordinance
adopted by a like majority, the moneys thus released may be
reappropriated for another purpose or purposes, without limitation to department, division, or fund, unless the use of such
moneys is otherwise restricted by law, charter, or ordinance.
[1985 c 175 § 23.]
35.34.205 Administration, oversight, or supervision
of utility—Reimbursement from utility budget authorized. Whenever any city or town apportions a percentage of
the city manager’s, administrator’s, or supervisor’s time, or
the time of other management or general government staff,
for administration, oversight, or supervision of a utility operated by the city or town, or to provide services to the utility,
the utility budget may identify such services and budget for
reimbursement of the city’s or town’s current expense fund
for the value of such services. [1991 c 152 § 2.]
35.34.205
to be raised by ad valorem taxes during the second year of
the biennium. Upon adoption of the ordinance fixing the
amount of ad valorem taxes to be levied, the clerk shall certify the same to the county legislative authority as required by
RCW 84.52.020. [1985 c 175 § 26.]
35.34.240
35.34.240 Funds—Quarterly report of status. At
such intervals as may be required by city charter or city or
town ordinance, however, being not less than quarterly, the
clerk shall submit to the city’s or town’s legislative body and
chief administrative officer a report showing the expenditures
and liabilities against each separate budget appropriation
incurred during the preceding reporting period and like information for the whole of the current fiscal biennium to the first
day of the current reporting period together with the unexpended balance of each appropriation. The report shall also
show the receipts from all sources. [1985 c 175 § 27.]
35.34.250
35.34.210 Liabilities incurred in excess of budget.
Liabilities incurred by any officer or employee of the city or
town in excess of any budget appropriations shall not be a liability of the city or town. The clerk shall issue no warrant and
the city or town legislative body or other authorized person
shall approve no claim for an expenditure in excess of the
total amount appropriated for any individual fund, except
upon an order of a court of competent jurisdiction or for
emergencies as provided in this chapter. [1985 c 175 § 24.]
35.34.210
35.34.220 Funds received from sales of bonds and
warrants—Expenditures. Moneys received from the sale
of bonds or warrants shall be used for no other purpose than
that for which they were issued and no expenditure shall be
made for that purpose until the bonds have been duly authorized. If any unexpended fund balance remains from the proceeds realized from the bonds or warrants after the accomplishment of the purpose for which they were issued, it shall
be used for the redemption of such bond or warrant indebtedness. Where a budget contains an expenditure program to be
financed from a bond issue to be authorized thereafter, no
such expenditure shall be made or incurred until after the
bonds have been duly authorized. [1985 c 175 § 25.]
35.34.220
35.34.230 Revenue estimates—Amount to be raised
by ad valorem taxes. At a time fixed by the city’s or town’s
ordinance or city charter, not later than the first Monday in
October of the second year of each fiscal biennium, the chief
administrative officer shall provide the city’s or town’s legislative body with current information on estimates of revenues
from all sources as adopted in the budget for the current biennium, together with estimates submitted by the clerk under
RCW 35.34.070. The city’s or town’s legislative body and
the city’s or town’s administrative officer or the officer’s designated representative shall consider the city’s or town’s total
anticipated financial requirements for the ensuing fiscal biennium, and the legislative body shall determine and fix by
ordinance the amount to be raised the first year of the biennium by ad valorem taxes. The legislative body shall review
such information as is provided by the chief administrative
officer and shall adopt an ordinance establishing the amount
35.34.230
[Title 35 RCW—page 146]
35.34.250 Contingency fund—Creation. Every city or
town may create and maintain a contingency fund to provide
moneys with which to meet any municipal expense, the
necessity or extent of which could not have been foreseen or
reasonably evaluated at the time of adopting the annual budget, or from which to provide moneys for those emergencies
described in RCW 35.34.140 and 35.34.150. Such fund may
be supported by a budget appropriation from any tax or other
revenue source not restricted in use by law, or also may be
supported by a transfer from other unexpended or decreased
funds made available by ordinance as set forth in RCW
35.34.200. However, the total amount accumulated in such
fund at any time shall not exceed the equivalent of thirtyseven and one-half cents per thousand dollars of assessed valuation of property within the city or town at such time. Any
moneys in the emergency fund at the end of the fiscal biennium shall not lapse except upon reappropriation by the
council to another fund in the adoption of a subsequent budget. [1985 c 175 § 28.]
35.34.260
35.34.260 Contingency fund—Withdrawals. No
money shall be withdrawn from the contingency fund except
by transfer to the appropriate operating fund authorized by a
resolution or ordinance of the legislative body of the city or
town, adopted by a majority vote of the entire legislative
body, clearly stating the facts constituting the reason for the
withdrawal or the emergency as the case may be, specifying
the fund to which the withdrawn money shall be transferred.
[1985 c 175 § 29.]
35.34.270
35.34.270 Unexpended appropriations. All appropriations in any current operating fund shall lapse at the end of
each fiscal biennium. However, this shall not prevent payments in the following biennium upon uncompleted programs or improvements in progress or on orders subsequently
filled or claims subsequently billed for the purchase of material, equipment, and supplies or for personal or contractual
services not completed or furnished by the end of the fiscal
biennium, all of which have been properly budgeted and contracted for prior to the close of such fiscal biennium, but furnished or completed in due course thereafter.
(2008 Ed.)
Execution of Bonds by Proxy—First-Class Cities
35.36.060
otherwise. [1965 c 7 § 35.36.010. Prior: 1929 c 212 § 1;
RRS § 9005-5.]
All appropriations in a special fund authorized by ordinance or by state law to be used only for the purpose or purposes therein specified, including any cumulative reserve
funds lawfully established in specific or general terms for any
municipal purpose or purposes, or a contingency fund as
authorized by RCW 35.34.250, shall not lapse, but shall be
carried forward from biennium to biennium until fully
expended or the purpose has been accomplished or abandoned, without necessity of reappropriation.
The accounts for budgetary control for each fiscal biennium shall be kept open for twenty days after the close of
such fiscal biennium for the purpose of paying and recording
claims for indebtedness incurred during such fiscal biennium;
any claim presented after the twentieth day following the
close of the fiscal biennium shall be paid from appropriations
lawfully provided for the ensuing period, including those
made available by provisions of this section, and shall be
recorded in the accounts for the ensuing fiscal biennium.
[1985 c 175 § 30.]
35.36.030 Deputies—Exemptions. Nothing in this
chapter shall be construed as requiring the appointment of
deputy comptrollers or deputy city clerks in first-class cities
to be made in accordance herewith so far as concerns signatures or other doings which may be lawfully made or done by
such deputy under the provisions of any other law. [1965 c 7
§ 35.36.030. Prior: 1929 c 212 § 5; RRS § 9005-9.]
35.34.280 Violations and penalties. Upon the conviction of any city or town official, department head, or other
city or town employee of knowingly failing, or refusing,
without just cause, to perform any duty imposed upon such
officer or employee by this chapter, or city charter or city or
town ordinance, in connection with the giving of notice, the
preparing and filing of estimates of revenues or expenditures
or other information required for preparing a budget report in
the time and manner required, or of knowingly making
expenditures in excess of budget appropriations, the official
or employee shall be guilty of a misdemeanor and shall be
fined not more than five hundred dollars for each separate
violation. [1985 c 175 § 31.]
35.36.040 Designation of bonds to be signed. (1) The
officer whose duty it is to cause any bonds to be printed,
engraved, or lithographed, shall specify in a written order or
requisition to the printer, engraver, or lithographer the number of bonds to be printed, engraved, or lithographed and the
manner of numbering them.
(2) Every printer, engraver, or lithographer who prints,
engraves, or lithographs a greater number of bonds than that
specified or who prints, engraves, or lithographs more than
one bond bearing the same number is guilty of a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53
§ 199; 1965 c 7 § 35.36.040. Prior: 1929 c 212 § 6; RRS §
9005-10.]
35.36.020 Coupons—Printing facsimile signatures.
A facsimile reproduction of the signature of the mayor, city
comptroller, or city clerk in every city of the first class may
be printed, engraved, or lithographed upon bond coupons
with the same effect as though the particular officer had
signed the coupon in person. [1965 c 7 § 35.36.020. Prior:
1929 c 212 § 4; RRS § 9005-8.]
35.36.020
35.36.030
35.36.040
35.34.280
Chapter 35.36
Chapter 35.36 RCW
EXECUTION OF BONDS BY PROXY—
FIRST-CLASS CITIES
Sections
35.36.010
35.36.020
35.36.030
35.36.040
35.36.050
35.36.060
35.36.070
Appointment of proxies.
Coupons—Printing facsimile signatures.
Deputies—Exemptions.
Designation of bonds to be signed.
Liability of officer.
Notice to council.
Revocation of proxy.
35.36.010 Appointment of proxies. The mayor, city
comptroller and city clerk of every city of the first class may
each severally designate one or more bonded persons to affix
his signature to any bond or bonds requiring his signature.
If the signature of one of these officers is affixed to a
bond during his continuance in office by a proxy designated
by him whose authority has not been revoked, the bond shall
be as binding upon the city and all concerned as though the
officer had signed the bond in person.
This chapter shall apply to all bonds, whether they constitute obligations of the city as a whole or of any local
improvement or other district or subdivision thereof, whether
they call for payment from the general funds of the city or
from a local, special or other fund, and whether negotiable or
35.36.010
(2008 Ed.)
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
35.36.050 Liability of officer. A mayor, comptroller,
or clerk authorizing the affixing of his signature to a bond by
a proxy shall be subject to the same liability personally and
on his bond for any signature so affixed and to the same
extent as if he had affixed his signature in person. [1965 c 7
§ 35.36.050. Prior: 1929 c 212 § 3; RRS § 9005-7.]
35.36.050
35.36.060 Notice to council. In order to designate a
proxy to affix his signature to bonds, a mayor, comptroller, or
clerk shall address a written notice to the governing body of
the city giving the name of the person whom he has selected
therefor and stating generally or specifically what bonds are
to be so signed.
Attached to or included in the notice shall be a written
signature of the officer making the designation executed by
the proposed proxy followed by the word "by" and his own
signature; or, if the notice so states, the specimen signatures
may consist of a facsimile reproduction of the officer’s signature impressed by some mechanical process followed by the
word "by" and the proxy’s own signature.
If the authority is intended to include the signature upon
bonds bearing an earlier date than the effective date of the
notice, the prior dated bonds must be specifically described
by reasonable reference thereto.
35.36.060
[Title 35 RCW—page 147]
35.36.070
Title 35 RCW: Cities and Towns
The notice designating a proxy shall be filed with the
city comptroller or city clerk, together with the specimen signatures attached thereto and a record of the filing shall be
made in the journal of the governing body. This record shall
note the date and hour of filing and may be made by the official who keeps the journal at any time after filing of the
notice, even during a period of recess or adjournment of the
governing body. The notice shall be effective from the time
of its recording. [1965 c 7 § 35.36.060. Prior: 1929 c 212 §
2, part; RRS § 9005-6, part.]
the proceedings may conclude to be necessary for the purpose
of:
(1) Extending or repairing the particular utility or institution; or
(2) Paying interest or principal of any indebtedness
incurred in the construction or purchase of the particular utility or institution; or
(3) Creating or adding to a sinking fund for the payment
of any indebtedness incurred in the construction or purchase
of the particular utility or institution. [1965 c 7 § 35.37.020.
Prior: 1897 c 84 § 10, part; RRS § 5644, part.]
35.36.070 Revocation of proxy. Any designation of a
proxy may be revoked by written notice addressed to the governing body of the city signed by the officer who made the
designation and filed and recorded in the same manner as the
notice of designation. It shall be effective from the time of its
recording but shall not affect the validity of any signature
theretofore made. [1965 c 7 § 35.36.070. Prior: 1929 c 212
§ 2, part; RRS § 9005-6, part.]
*Reviser’s note: The "cemetery fund" was renamed the "cemetery
account" by 2005 c 365 § 67.
35.36.070
Chapter 35.37 RCW
FISCAL—CITIES UNDER TWENTY THOUSAND
AND CITIES OTHER THAN FIRST CLASS—BONDS
Chapter 35.37
Sections
35.37.010
35.37.020
35.37.027
35.37.030
35.37.040
35.37.050
35.37.090
35.37.110
35.37.120
Accounting—Funds.
Accounting—Surplus and deficit in utility accounts.
Validation of preexisting obligations by former city.
Applicability of chapter.
Authority to contract debts—Limits.
Excess indebtedness—Authority to contract.
General indebtedness bonds—Issuance and sale.
General indebtedness bonds—Taxation to pay.
General indebtedness bonds—Taxation—Failure to levy—
Remedy.
Limitations upon indebtedness: State Constitution Art. 7 § 2 (Amendments
55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW
84.52.050.
35.37.010 Accounting—Funds. Every city and town
having less than twenty thousand inhabitants shall maintain a
current expense fund out of which it must pay current
expenses. It shall also maintain an "indebtedness fund," and if
it has outstanding general indebtedness bonds, it must maintain a sinking fund therefor. If it maintains waterworks, lighting plant, cemetery, or other public works or institutions from
which rent or other revenue is derived it must maintain a separate fund for each utility or institution. All moneys collected
by such cities and towns from licenses shall be credited to the
current expense fund. [1965 c 7 § 35.37.010. Prior: (i) 1897
c 84 § 1; RRS § 5635. (ii) 1897 c 84 § 2; RRS § 5636. (iii)
1897 c 84 § 9; RRS § 5643. (iv) 1897 c 84 § 10, part; RRS §
5644, part.]
35.37.010
35.37.020 Accounting—Surplus and deficit in utility
accounts. Any deficit for operation and maintenance of utilities and institutions owned and controlled by cities and
towns having less than twenty thousand inhabitants, over and
above the revenue therefrom, shall be paid out of the current
expense fund. Any surplus in the waterworks fund, lighting
fund, *cemetery fund, or other like funds at the end of the fiscal year shall be paid into the current expense fund except
such part as the council by a finding entered into the record of
35.37.020
[Title 35 RCW—page 148]
35.37.027 Validation of preexisting obligations by
former city. All elections for the validation of any debt created by any city or town which has since become consolidated with any other city or town shall be by ballot, and the
vote shall be taken in the new consolidated city as constituted
at the time of the election. [1965 c 7 § 35.37.027. Prior: 1897
c 84 § 12; RRS § 5646.]
35.37.027
Elections: Title 29A RCW.
35.37.030 Applicability of chapter. The provisions of
the remainder of this chapter shall not be applied to cities of
the first class nor to borrowing money and issuing bonds by
any city or town for the purpose of supplying it with water,
artificial light, or sewers if the works for supplying the water,
artificial light, or sewers are to be owned and controlled by
the city or town. [1965 c 7 § 35.37.030. Prior: (i) 1891 c 128
§ 10; RRS § 9548. (ii) 1891 c 128 § 11; RRS § 9549.]
35.37.030
35.37.040 Authority to contract debts—Limits.
Every city and town, may, without a vote of the people, contract indebtedness or borrow money for strictly municipal
purposes on the credit of the city or town and issue negotiable
bonds therefor in an amount which when added to its existing
nonvoter approved indebtedness will not exceed the amount
of indebtedness authorized by chapter 39.36 RCW, as now or
hereafter amended, to be incurred without the assent of the
voters.
When bonds are issued under this section the ordinance
providing therefor shall contain a statement showing the
value of the taxable property in the city or town, as the term
"value of the taxable property" is defined in RCW 39.36.015,
together with the amount of the existing nonvoter approved
and total indebtedness of the city or town, which indebtedness shall include the amount for which such bonds are
issued. [1984 c 186 § 15; 1970 ex.s. c 42 § 12; 1965 c 7 §
35.37.040. Prior: (i) 1891 c 128 § 1; RRS § 9538. (ii) 1891 c
128 § 6, part; RRS § 9544, part.]
35.37.040
Purpose—1984 c 186: See note following RCW 39.46.110.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
Limitations upon indebtedness: State Constitution Art. 7 § 2 (Amendments
55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW
84.52.050.
35.37.050 Excess indebtedness—Authority to contract. Every city and town may, when authorized by the voters of the city or town pursuant to Article VIII, section 6 of
35.37.050
(2008 Ed.)
Fiscal—Depositaries
the state Constitution at an election held pursuant to RCW
39.36.050, contract indebtedness or borrow money for
strictly municipal purposes on the credit of the city or town
and issue negotiable bonds therefor in an amount which when
added to its existing indebtedness will exceed the amount of
indebtedness authorized by chapter 39.36 RCW, as now or
hereafter amended, to be incurred without the assent of the
voters but will not exceed the amounts of indebtedness authorized by chapter 39.36 RCW, as now or hereafter amended, to
be incurred with the assent of the voters. [1984 c 186 § 16;
1965 c 7 § 35.37.050. Prior: (i) 1891 c 128 § 2; RRS § 9539.
(ii) 1891 c 128 § 4, part; RRS § 9542, part.]
mature in favor of the owner of the bond as shown by the
auditor’s register. Similar levies shall be made in each succeeding year until the bonds and any coupons or interest payments are fully satisfied.
This remedy is alternative and in addition to any other
remedy which the owner of such a bond or coupon may have.
[1983 c 167 § 38; 1965 c 7 § 35.37.120. Prior: 1891 c 128 §
9; RRS § 9547.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Chapter 35.38
Purpose—1984 c 186: See note following RCW 39.46.110.
Validation—1969 ex.s. c 191: "Any city or town, which has prior to
the effective date of this act [April 25, 1969], submitted to the voters thereof
for their ratification or rejection the proposition of incurring indebtedness by
the issuance of negotiable bonds in an amount when added to its existing
indebtedness will exceed the amount of indebtedness authorized to be
incurred without the assent of the voters, but will not exceed the amount of
indebtedness authorized by chapter 39.36 RCW, as now or hereafter
amended, to be incurred with the assent of the voters, may incur such indebtedness and issue such bonds even though the amount of money desired to be
borrowed and the amount of negotiable bonds to be issued therefor were
stated in a resolution adopted by the city or town council submitting such
proposition to the voters, instead of in an ordinance passed by such council,
if all other requirements of law, including, but not limited to the other provisions of RCW 35.37.050 are complied with." [1969 ex.s. c 191 § 1.]
35.37.090 General indebtedness bonds—Issuance
and sale. All general indebtedness bonds shall be issued and
sold in accordance with chapter 39.46 RCW. [1984 c 186 §
17; 1983 c 167 § 36; 1965 c 7 § 35.37.090. Prior: (i) 1891 c
128 § 5, part; RRS § 9543, part. (ii) 1891 c 128 § 6, part; RRS
§ 9544, part.]
35.37.090
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.37.110 General indebtedness bonds—Taxation to
pay. So long as any general indebtedness bonds are outstanding an amount sufficient to pay the interest upon them as
it accrues shall be included in each annual levy for municipal
purposes and a sufficient amount shall be included in each
annual levy for payment of principal so that all bonds may be
paid serially as they mature. [1965 c 7 § 35.37.110. Prior:
1891 c 128 § 8; RRS § 9546.]
35.37.110
35.37.120 General indebtedness bonds—Taxation—
Failure to levy—Remedy. If the council of any city or town
which has issued general indebtedness bonds fails to make
any levy necessary to make principal or interest payments
due on the bonds, the owner of any bond or interest payment
which has been presented to the treasurer and payment
thereof refused because of the failure to make a levy may file
the bond together with any unpaid coupons with the county
auditor, taking his receipt therefor.
The county auditor shall register bonds so filed, and the
county legislative authority at its next session at which it levies the annual county tax shall add to the city’s or town’s levy
a sum sufficient to realize the amount of principal and interest
past due and to become due prior to the next annual levy to be
collected and held by the county treasurer and paid out only
upon warrants drawn by the county auditor as the payments
35.37.120
(2008 Ed.)
35.38.055
Chapter 35.38 RCW
FISCAL—DEPOSITARIES
Sections
35.38.010
35.38.040
35.38.050
35.38.055
35.38.060
Designation of depositaries.
Segregation of collateral.
Treasurer’s official bond not affected.
City official as officer, employee, or stockholder of depositary.
Definition—"Financial institution."
Deposit of public funds: State Constitution Art. 11 § 15.
State fiscal agencies: Chapter 43.80 RCW.
35.38.010 Designation of depositaries. The treasurer
in all cities and towns shall annually at the end of each fiscal
year, or at such other times as may be deemed necessary, designate one or more financial institutions which are qualified
public depositaries as set forth by the public deposit protection commission as depositary or depositaries for the moneys
required to be kept by the treasurer. [1984 c 177 § 1; 1973 c
126 § 1; 1969 ex.s. c 193 § 22; 1965 c 7 § 35.38.010. Prior:
1905 c 103 § 1; RRS § 5568.]
35.38.010
Construction—Severability—1969 ex.s. c 193: See notes following
RCW 39.58.010.
Liability of treasurers, public deposits: RCW 39.58.140.
Public depositaries, deposit and investment of public funds: Chapter 39.58
RCW.
35.38.040 Segregation of collateral. Before any such
designation shall entitle the treasurer to make deposits in any
financial institution, each financial institution so designated
shall segregate eligible securities as collateral as provided by
RCW 39.58.050 as now or hereafter amended. [1984 c 177 §
2; 1973 c 126 § 3; 1969 ex.s. c 193 § 25; 1967 c 132 § 6; 1965
c 7 § 35.38.040. Prior: 1945 c 240 § 2; 1935 c 45 § 3; 1931 c
87 § 5; 1909 c 40 § 1; 1907 c 22 § 2; Rem. Supp. 1945 §
5572.]
35.38.040
Construction—Severability—1969 ex.s. c 193: See notes following
RCW 39.58.010.
35.38.050 Treasurer’s official bond not affected. The
foregoing provisions of this chapter shall in no way affect the
duty of a city or town treasurer to give bond to the city or
town for the faithful performance of his duties in such
amount as may be fixed by the city or town council or other
governing body by ordinance. [1965 c 7 § 35.38.050. Prior:
(i) 1905 c 103 § 3; RRS § 5570. (ii) 1907 c 22 § 3; RRS §
5573.]
35.38.050
35.38.055 City official as officer, employee, or stockholder of depositary. Whenever a financial institution is
35.38.055
[Title 35 RCW—page 149]
35.38.060
Title 35 RCW: Cities and Towns
designated by the treasurer in accordance with the provisions
of this chapter, as a depositary for funds to be kept by the
treasurer of such city or town and such financial institution
has filed and had approved a contract with such city or town
and complied with chapter 39.58 RCW, such contract shall
not be invalid by reason of any official of the city being also
an officer, employee, or stockholder of such financial institution. [1984 c 177 § 3; 1965 c 7 § 35.38.055. Prior: 1955 c 81
§ 1.]
35.38.060 Definition—"Financial institution."
"Financial institution," as used in the foregoing provisions of
this chapter, means a branch of a bank engaged in banking in
this state in accordance with RCW 30.04.300, and any state
bank or trust company, national banking association, stock
savings bank, mutual savings bank, or savings and loan association, which institution is located in this state and lawfully
engaged in business. [1984 c 177 § 4; 1965 c 7 § 35.38.060.
Prior: 1907 c 22 § 4; RRS § 5574.]
35.38.060
Chapter 35.39
Chapter 35.39 RCW
FISCAL—INVESTMENT OF FUNDS
Sections
35.39.030
35.39.032
35.39.034
35.39.050
35.39.060
35.39.070
35.39.080
35.39.090
35.39.100
35.39.110
Excess or inactive funds—Investment.
Approval of legislative authority—Delegation of authority—
Reports.
Investment by individual fund or commingling of funds—
Investment in United States securities—Validation.
Construction—1965 c 7.
Investment of pension funds.
City retirement system—Registration and custody of securities.
City retirement system—Investment advisory committee.
City retirement system—Investment advisory committee—
Powers and duties.
City retirement system—Investment advisory committee—
Employment of members.
City retirement system—Investment advisory committee—
Liability of members.
Investment of
municipal funds in savings and loan associations by county or other
municipal corporation treasurer: RCW 36.29.020.
public and trust funds in federal agency bonds: Chapter 39.60 RCW.
Municipal revenue bond act: Chapter 35.41 RCW.
35.39.030 Excess or inactive funds—Investment.
Every city and town may invest any portion of the moneys in
its inactive funds or in other funds in excess of current needs
in:
(1) United States bonds;
(2) United States certificates of indebtedness;
(3) Bonds or warrants of this state;
(4) General obligation or utility revenue bonds or warrants of its own or of any other city or town in the state;
(5) Its own bonds or warrants of a local improvement
district which are within the protection of the local improvement guaranty fund law; and
(6) In any other investments authorized by law for any
other taxing districts. [1975 1st ex.s. c 11 § 1; 1969 ex.s. c 33
§ 1; 1965 ex.s. c 46 § 1; 1965 c 7 § 35.39.030. Prior: 1943 c
92 § 1; Rem. Supp. 1943 § 5646-13.]
35.39.030
Effective date—1969 ex.s. c 33: "This 1969 amendatory act is necessary for the immediate preservation of the public peace, health and safety,
the support of the state government and its existing political subdivisions;
[Title 35 RCW—page 150]
and shall take effect July 1, 1969." [1969 ex.s. c 33 § 4.] This applies to
RCW 35.39.030 through 35.39.034.
Construction—1965 c 7: See RCW 35.39.050.
35.39.032 Approval of legislative authority—Delegation of authority—Reports. No investment shall be made
without the approval of the legislative authority of the city or
town expressed by ordinance: PROVIDED, That except as
otherwise provided by law, the legislative authority may by
ordinance authorize a city official or a committee composed
of several city officials to determine the amount of money
available in each fund for investment purposes and make the
investments authorized as indicated in RCW 35.39.030 as
now or hereafter amended and the provisions of RCW
35.39.034, without the consent of the legislative authority for
each investment. The responsible official or committee shall
make a monthly report of all investment transactions to the
city legislative authority. The legislative authority of a city or
town or city official or committee authorized to invest city or
town funds may at any time convert any of its investment
securities, or any part thereof, into cash. [1969 ex.s. c 33 § 2.]
35.39.032
35.39.034 Investment by individual fund or commingling of funds—Investment in United States securities—
Validation. Moneys thus determined available for this purpose may be invested on an individual fund basis or may,
unless otherwise restricted by law be commingled within one
common investment portfolio for investment. All income
derived from such investment shall be apportioned and used
for the benefit of the various participating funds or for the
benefit of the general or current expense fund as the governing body of the city of [or] town shall determine by ordinance
or resolution: PROVIDED, That funds derived from the sale
of general obligation bonds or revenue bonds or similar
instruments of indebtedness shall be invested, or used in such
manner as the initiating ordinances, resolutions, or bond covenants may lawfully prescribe.
Any excess or inactive funds on hand in the city treasury
not otherwise invested, or required to be invested by this section, as now or hereafter amended, may be invested by the
city treasurer in United States government bonds, notes, bills,
certificates of indebtedness, or interim financing warrants of
a local improvement district which is within the protection of
the local improvement guaranty fund law for the benefit of
the general or current expense fund.
All previous or outstanding investments of city or town
funds for the benefit of the city’s or town’s general or current
expense fund which have been or could be made in accordance with the provisions of this section, as now or hereafter
amended, are declared valid. [1981 c 218 § 1; 1975 1st ex.s.
c 11 § 2; 1969 ex.s. c 33 § 3.]
35.39.034
35.39.050 Construction—1965 c 7. RCW 35.39.030
shall be deemed cumulative and not exclusive and shall be
additional to any other power or authority granted any city or
town. [1983 c 3 § 56; 1965 c 7 § 35.39.050. Prior: 1943 c 92
§ 3; Rem. Supp. 1943 § 5646-15.]
35.39.050
35.39.060 Investment of pension funds. Any city or
town now or hereafter operating an employees’ pension system with the approval of the board otherwise responsible for
35.39.060
(2008 Ed.)
Fiscal—Validation and Funding of Debts
management of its respective funds may invest, reinvest,
manage, contract, sell, or exchange investments acquired.
Investments shall be made in accordance with investment
policy duly established and published by the board. In discharging its duties under this section, the board shall act with
the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like
capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims;
shall diversify the investments of the employees’ pension
system so as to minimize the risk of large losses; and shall act
in accordance with the documents and instruments governing
the employees’ pension system, insofar as such documents
and instruments are consistent with the provisions of this
title. [1982 c 166 § 1.]
Effective date—1982 c 166: "This act shall take effect July 1, 1982."
[1982 c 166 § 9.]
35.39.070 City retirement system—Registration and
custody of securities. The city treasurer may cause any
securities in which the city retirement system deals to be registered in the name of a nominee without mention of any fiduciary relationship, except that adequate records shall be maintained to identify the actual owner of the security so registered. The securities so registered shall be held in the physical
custody of the city treasurer, the federal reserve system, the
designee of the city treasurer, or at the election of the designee and upon approval of the city treasurer, the Pacific Securities Depository Trust Company Inc. or the Depository Trust
Company of New York City or its designees.
With respect to the securities, the nominee shall act only
on the direction of the retirement board. All rights to the dividends, interest, and sale proceeds from the securities and all
voting rights of the securities shall be vested in the actual
owners of the securities, and not in the nominee. [1982 c 166
§ 2.]
35.39.070
Effective date—1982 c 166: See note following RCW 35.39.060.
35.39.080 City retirement system—Investment advisory committee. The retirement board of any city which is
responsible for the management of an employees’ retirement
system established to provide retirement benefits for nonpublic safety employees shall appoint an investment advisory
committee consisting of at least three members who are considered experienced and qualified in the field of investments.
[1982 c 166 § 3.]
35.39.080
Effective date—1982 c 166: See note following RCW 35.39.060.
35.39.090 City retirement system—Investment advisory committee—Powers and duties. In addition to its
other powers and duties, the investment advisory committee
shall:
(1) Make recommendations as to general investment policies, practices, and procedures to the retirement board;
(2) Review the investment transactions of the retirement
board annually;
(3) Prepare a written report of its activities during each
fiscal year. Each report shall be submitted not more than
thirty days after the end of each fiscal year to the retirement
35.39.090
(2008 Ed.)
35.40.030
board and to any other person who has submitted a request
therefor. [1982 c 166 § 4.]
Effective date—1982 c 166: See note following RCW 35.39.060.
35.39.100 City retirement system—Investment advisory committee—Employment of members. No advisory
committee member during the term of appointment may be
employed by any investment brokerage or mortgage servicing firm doing business with the retirement board. [1982 c
166 § 5.]
35.39.100
Effective date—1982 c 166: See note following RCW 35.39.060.
35.39.110 City retirement system—Investment advisory committee—Liability of members. No member of the
investment advisory committee is liable for the negligence,
default, or failure of any other person or other member of the
committee to perform the duties of his or her office, and no
member of the committee may be considered or held to be an
insurer of the funds or assets of the retirement system nor
shall any member be liable for actions performed with the
exercise of reasonable diligence within the scope of his or her
duly authorized activities as a member of the committee.
[1982 c 166 § 6.]
35.39.110
Effective date—1982 c 166: See note following RCW 35.39.060.
Chapter 35.40 RCW
FISCAL—VALIDATION AND FUNDING OF DEBTS
Chapter 35.40
Sections
35.40.030
Ratification and funding after consolidation or annexation.
Funding indebtedness in counties, cities and towns: Chapter 39.52 RCW.
Metropolitan municipal corporations, funding and refunding bonds: RCW
35.58.470.
35.40.030 Ratification and funding after consolidation or annexation. If, in any case where any city or town in
this state has been or may hereafter be formed by the consolidation of two or more cities or towns, or has annexed or may
hereafter annex any new territory, an election shall be held, in
accordance with the Constitution and laws of this state, for
the purpose of submitting to the voters residing within the
former corporate limits of either such former city or town, or
of such city or town prior to such annexation, for ratification
or disapproval, the attempted incurring on the part of such
former city or town or of such city or town prior to such
annexation by the corporate authorities thereof, of any
indebtedness thereof, such consolidated or existing city or
town may submit to all of the voters therein, at the same or a
separate election, any proposition to fund such indebtedness
so sought to be ratified or any part thereof or any existing
indebtedness of such consolidated or existing city or town, or
both. The proposition to ratify any such indebtedness so previously attempted to be incurred on the part of either such
former city or town, or on the part of such city or town prior
to such annexation, and the proposition to fund the same may
be submitted, respectively, to the voters residing within the
corporate limits of such former city or town or in such city or
town prior to such annexation, and to all the voters in such
consolidated city or town, respectively, in the same or in separate ordinances, as may be required or permitted by law; but
35.40.030
[Title 35 RCW—page 151]
Chapter 35.41
Title 35 RCW: Cities and Towns
Consolidation including annexation of third-class city or town to first-class
city: Chapter 35.10 RCW.
or not revenues are received or fees charged in the course of
public use of such park. Part or all of the otherwise unpledged
revenues, fees or charges arising from municipal ownership,
operation, lease or license of any off-street parking space and
facilities, or arising from municipal license of any off-street
parking space, shall be set aside and paid into such special
fund or funds in accordance with this section. [1971 ex.s. c
223 § 1; 1967 ex.s. c 144 § 12; 1965 c 7 § 35.41.010. Prior:
1957 c 117 § 1.]
Chapter 35.41 RCW
FISCAL—MUNICIPAL REVENUE BOND ACT
Bids for operation of parking space or facilities in or beneath public parks:
RCW 35.86.010.
"Facilities" defined: RCW 35.86.010.
the proposition to fund shall be the subject of a distinct vote
in favor of or against the same, separate from the vote upon
the proposition to ratify, and separate from the vote upon a
proposition to fund any part of such indebtedness as to which
a proposition to ratify is not submitted. [1965 c 7 §
35.40.030. Prior: 1893 c 58 § 1; RRS § 9556.]
Annexation of unincorporated areas: Chapter 35.13 RCW.
Severability—1967 ex.s. c 144: See note following RCW 36.900.030.
Chapter 35.41
Sections
35.41.010
35.41.030
35.41.050
35.41.060
35.41.070
35.41.080
35.41.090
35.41.095
35.41.100
35.41.900
Special funds—Authorized—Composition.
Revenue bonds authorized—Form, term, etc.
Revenue warrants.
Sale of revenue bonds and warrants—Contract provisions.
Suit to compel city to pay amount into special fund.
Rates and charges for services, use, or benefits—Waiver of
connection charges for low-income persons.
Rates and charges for services, use or benefits—Costs,
expenses, interest may be included.
Revenue bonds for water or sewerage system—Pledge of utility local improvement district assessments.
Chapter is alternative and additional method.
Short title.
Industrial development revenue bonds: Chapter 39.84 RCW.
Municipal utilities: Chapter 35.92 RCW.
35.41.010 Special funds—Authorized—Composition. For the purpose of providing funds for defraying all or
a portion of the costs of planning, purchase, leasing, condemnation, or other acquisition, construction, reconstruction,
development, improvement, extension, repair, maintenance,
or operation of any municipally owned public land, building,
facility, or utility, for which the municipality now has or
hereafter is granted authority to acquire, condemn, develop,
repair, maintain, or operate, the legislative body of any city or
town may authorize, by ordinance, the creation of a special
fund or funds into which the city or town shall be obligated to
set aside and pay: Any or all municipal license fees specified
in such ordinance creating such special fund, and/or any and
all revenues derived from any utility or facility specified in
said ordinance creating such special fund. The ordinance may
provide that the city or town shall be obligated to set aside
and pay into a special fund or funds so created:
(1) A fixed proportion of any revenues or fees, or
(2) A fixed amount of, and not to exceed, a fixed proportion of any revenues or fees, or
(3) A fixed amount without regard to any fixed proportion of any revenues or fees, or
(4) An amount of such revenues sufficient, together with
any other moneys lawfully pledged to be paid into such fund
or funds, to meet principal and interest requirements and to
accumulate any reserves and additional funds that may be
required.
The legislative body may also authorize the creation of a
special fund or funds to defray all or part of the costs of planning, purchase, condemnation, or other acquisition, construction, improvement, maintenance or operation of any public
park in, upon or above property used or to be used as municipally owned off-street parking space and facilities, whether
35.41.010
[Title 35 RCW—page 152]
General obligation bonds, use in financing off-street parking space and
facilities: RCW 35.86.020.
35.41.030 Revenue bonds authorized—Form, term,
etc. If the legislative body of a city or town deems it advisable to purchase, lease, condemn, or otherwise acquire, construct, develop, improve, extend, or operate any land, building, facility, or utility, and adopts an ordinance authorizing
such purchase, lease, condemnation, acquisition, construction, development, improvement and to provide funds for
defraying all or a portion of the cost thereof from the proceeds of the sale of revenue bonds, and such ordinance has
been ratified by the voters of the city or town in those
instances where the original acquisition, construction, or
development of such facility or utility is required to be ratified by the voters under the provisions of RCW 35.67.030
and 35.92.070, such city or town may issue revenue bonds
against the special fund or funds created solely from revenues. The revenue bonds so issued shall:
(1) Be registered bonds, as provided in RCW 39.46.030,
or bearer bonds;
(2) Be issued in such denominations as determined by
the legislative body of the city or town;
(3) Be numbered from one upwards consecutively;
(4) Bear the date of their issue;
(5) Be serial or term bonds and the final maturity thereof
shall not extend beyond the reasonable life expectancy of the
facility or utility;
(6) Bear interest at such rate or rates as authorized by the
legislative body of the city or town, with interest coupons
attached unless such bonds are registered as to interest, in
which no case no interest coupons need be attached;
(7) Be payable as to principal and interest at such place
or time as may be designated therein;
(8) State upon their face that they are payable from a special fund, naming it, and the ordinance creating it, and that
they do not constitute a general indebtedness of the city or
town;
(9) Be signed by the mayor and bear the seal of the city
or town and be attested by the clerk: PROVIDED, That the
facsimile signatures of the mayor and clerk may be used
when the ordinance authorizing the issuance of such bonds
provides for the signatures thereof by an authenticating
officer; and
(10) Be printed upon good bond paper: PROVIDED,
That notwithstanding the provisions of this section, such revenue bonds may be issued and sold in accordance with chapter 39.46 RCW. [1983 c 167 § 39; 1971 ex.s. c 223 § 2; 1970
35.41.030
(2008 Ed.)
Fiscal—Municipal Revenue Bond Act
ex.s. c 56 § 34; 1969 ex.s. c 232 § 15; 1965 c 7 § 35.41.030.
Prior: 1957 c 117 § 3.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
35.41.050 Revenue warrants. (1) Revenue warrants
may be issued and such warrants and interest thereon may be
payable out of the special fund or refunded through the proceeds of the sale of revenue bonds. Every revenue warrant
and the interest thereon issued against the special fund shall
be a valid claim of the owner thereof only as against that fund
and the amount of revenue pledged to the fund, and shall not
constitute an indebtedness of the city or town. Every revenue
warrant shall state on its face that it is payable from a special
fund, naming it and the ordinance creating it. Such warrants
may be in any form, including bearer warrants or registered
warrants as provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such
warrants may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 40; 1965 c 7 § 35.41.050. Prior:
1957 c 117 § 5.]
35.41.050
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.41.060 Sale of revenue bonds and warrants—
Contract provisions. Revenue bonds and warrants may be
sold by negotiation or by public or private sale in any manner
and for any price the legislative body of any city or town
deems to be for the best interest of the city or town. Such legislative body may provide in any contract, for the construction or acquisition of the proposed facility or utility or the
maintenance and operation thereof, and that payment therefor
shall be made only in revenue bonds and/or warrants at their
par value. [1965 c 7 § 35.41.060. Prior: 1957 c 117 § 6.]
35.41.060
35.41.070 Suit to compel city to pay amount into special fund. If a city or town fails to set aside and pay into the
special fund created for the payment of revenue bonds and
warrants the amount which it has obligated itself in the ordinance creating the fund to set aside and pay therein, the
holder of any bond or warrant issued against the bond may
bring suit against the city or town to compel it to do so. [1965
c 7 § 35.41.070. Prior: 1957 c 117 § 7.]
35.41.070
35.41.080 Rates and charges for services, use, or benefits—Waiver of connection charges for low-income persons. (1) The legislative body of any city or town may provide by ordinance for revenues by fixing rates and charges for
the furnishing of service, use, or benefits to those to whom
service, use, or benefits from such facility or utility is available, which rates and charges shall be uniform for the same
class of service. The legislative body may waive connection
charges for properties purchased by low-income persons
from organizations exempt from tax under section 501(c)(3)
of the federal internal revenue code as amended prior to July
23, 1995. Waivers of connection charges for the same class of
electric or gas utility service must be uniformly applied to all
35.41.900
qualified property. Nothing in this subsection (1) authorizes
the impairment of a contract.
(2) If revenue bonds or warrants are issued against the
revenues collected under subsection (1) of this section, the
legislative body of the city or town shall fix charges at rates
which will be sufficient, together with any other moneys lawfully pledged therefor, to provide for the payment of bonds
and warrants, principal and interest, sinking fund requirements and expenses incidental to the issuance of such revenue bonds or warrants; in fixing such charges the legislative
body of the city or town may establish rates sufficient to pay,
in addition, the costs of operating and maintaining such facility or utility. [1995 c 140 § 2; 1971 ex.s. c 223 § 3; 1965 c 7
§ 35.41.080. Prior: 1959 c 203 § 1; 1957 c 117 § 8.]
35.41.090
35.41.090 Rates and charges for services, use or benefits—Costs, expenses, interest may be included. In setting the rates to be charged for the service, use, or benefits
derived from such facility or utility, or in determining the
cost of the planning, acquisition, construction, reconstruction, development, improvement, extension, repair, maintenance, or operation thereof the legislative body of the city or
town may include all costs and estimated costs of the issuance of said bonds, all engineering, inspection, fiscal and
legal expense and interest which it is estimated will accrue
during the construction period and for such period of time
thereafter deemed by the legislative body to be necessary or
desirable on money borrowed, or which it is estimated will be
borrowed in connection therewith. [1971 ex.s. c 223 § 4;
1965 c 7 § 35.41.090. Prior: 1957 c 117 § 9.]
35.41.095
35.41.095 Revenue bonds for water or sewerage system—Pledge of utility local improvement district assessments. The legislative body of any city or town may provide
as an additional method for securing the payment of any such
bonds issued to pay the whole or a portion of the cost of providing the city or town with a system of water or sewerage as
set forth in RCW 35.43.042, that utility local improvement
district assessments authorized to be made for the purposes
and subject to the limitations contained in RCW 35.43.042
may be pledged to secure the payment of such bonds. [1967
c 52 § 26.]
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.41.080
(2008 Ed.)
35.41.100
35.41.100 Chapter is alternative and additional
method. The authority granted by this chapter shall be considered an alternative and additional method of issuing revenue bonds or warrants by cities and towns and no restriction,
limitation, or regulation relative to the issuance of such bonds
contained in any other law shall apply to the bonds issued
hereunder. [1965 c 7 § 35.41.100. Prior: 1957 c 117 § 10.]
35.41.900
35.41.900 Short title. This chapter shall be known as
"the municipal revenue bond act." [1965 c 7 § 35.41.900.
Prior: 1957 c 117 § 11.]
[Title 35 RCW—page 153]
Chapter 35.42
Chapter 35.42
Title 35 RCW: Cities and Towns
Chapter 35.42 RCW
LEASES
Sections
LEASING OF SPACE WITH OPTION
TO PURCHASE—1959 ACT
35.42.010
35.42.020
35.42.030
35.42.040
35.42.050
35.42.060
35.42.070
35.42.080
35.42.090
Purpose.
Building defined.
Authority to lease.
Renewals—Option to purchase.
Provisions to pay taxes, insurance, make repairs, improvements, etc.
Execution of lease prior to construction—Lessor’s bond—
City not obligated for construction costs.
Lease of city land for building purposes and lease back of
building by city.
Lease of city land for building purposes and lease back of
building by city—Bids.
Leases exempted from certain taxes.
LEASES OF REAL OR PERSONAL PROPERTY OR
PROPERTY RIGHTS WITH OR WITHOUT
OPTION TO PURCHASE—1963 ACT
35.42.200
35.42.210
35.42.220
Leases authorized—Ballot proposition.
Exercise of option to purchase.
Budgeting rental payments—Bids—Construction of agreement where rental equals purchase price.
LEASING OF SPACE WITH OPTION
TO PURCHASE—1959 ACT
35.42.010 Purpose. It is the purpose of RCW 35.42.010
through 35.42.090 to supplement existing law for the leasing
of space by cities and towns to provide for the leasing of such
space through leases with an option to purchase and the
acquisition of buildings erected upon land owned by a city or
town upon the expiration of a lease of such land. [1965 c 7 §
35.42.010. Prior: 1959 c 80 § 1.]
35.42.010
35.42.020 Building defined. The term "building" as
used in RCW 35.42.010 through 35.42.090 shall be construed
to mean any building or buildings used as a part of, or in connection with, the operation of a city or town, and shall include
the site and appurtenances, including but not limited to, heating facilities, water supply, sewage disposal, landscaping,
walks, and drives. [1965 c 7 § 35.42.020. Prior: 1959 c 80 §
2.]
35.42.020
35.42.030 Authority to lease. Any city or town may, as
lessee, lease a building for its use for a term of not to exceed
fifty years. [1965 c 7 § 35.42.030. Prior: 1959 c 80 § 3.]
35.42.030
35.42.050 Provisions to pay taxes, insurance, make
repairs, improvements, etc. A lease of a building may provide that as a part of the rental, the lessee city or town may
pay taxes and assessments on the leased building, maintain
insurance thereon for the benefit of the lessor, and assume
responsibilities for repair, replacement, alterations, and
improvements during the term of the lease. [1965 c 7 §
35.42.050. Prior: 1959 c 80 § 5.]
35.42.050
35.42.060 Execution of lease prior to construction—
Lessor’s bond—City not obligated for construction costs.
A city or town may, in anticipation of the acquisition of a site
and the construction of a building, execute a lease, as lessee,
prior to the actual acquisition of a site and the construction of
a building, but the lease shall not require payment of rental by
the lessee until the building is ready for occupancy. The lessor shall furnish a bond satisfactory to the lessee conditioned
on the delivery of possession of the completed building to the
lessee city or town at the time prescribed in the lease,
unavoidable delay excepted. The lease shall provide that no
part of the cost of construction of the building shall ever
become an obligation of the lessee city or town. [1965 c 7 §
35.42.060. Prior: 1959 c 80 § 6.]
35.42.060
35.42.070 Lease of city land for building purposes
and lease back of building by city. Any city or town desiring to have a building for its use erected on land owned, or to
be acquired, by it, may, as lessor, lease the land for a reasonable rental for a term of not to exceed fifty years: PROVIDED, That the city or town shall lease back the building or
a portion thereof for the same term. The leases shall contain
terms as agreed upon between the parties, and shall include
the following provisions:
(1) No part of the cost of construction of the building
shall ever be or become an obligation of the city or town.
(2) The city or town shall have a prior right to occupy
any or all of the building upon payment of rental as agreed
upon by the parties, which rental shall not exceed prevailing
rates for comparable space.
(3) During any time that all or any portion of the building
is not required for occupancy by the city or town, the lessee
of the land may rent the unneeded portion to suitable tenants
approved by the city or town.
(4) Upon the expiration of the lease, all buildings and
improvements on the land shall become the property of the
city or town. [1965 c 7 § 35.42.070. Prior: 1959 c 80 § 7.]
35.42.070
35.42.080 Lease of city land for building purposes
and lease back of building by city—Bids. A lease and lease
back agreement requiring a lessee to build on city or town
property shall be made pursuant to a call for bids upon terms
most advantageous to the city or town. The call for bids shall
be given by posting notice thereof in a public place in the city
or town and by publication in the official newspaper of the
city or town once each week for two consecutive weeks
before the date fixed for opening the bids. The city council or
commission of the city or town may by resolution reject all
bids and make further calls for bids in the same manner as the
original call. If no bid is received on the first call, the city
council or commission may readvertise and make a second
35.42.080
35.42.040 Renewals—Option to purchase. A lease of
a building executed pursuant to RCW 35.42.010 through
35.42.090 may grant the lessee city or town an option to
renew for a further term on like conditions, or an option to
purchase the building covered by the lease at any time prior
to the expiration of the term. A lease with an option to purchase shall provide that all sums paid as rent up to the time of
exercising the option shall be credited toward the payment of
the purchase price as of the date of payment. No lease shall
provide, nor be construed to provide, that any city or town
shall be under any obligation to purchase the leased building.
[1965 c 7 § 35.42.040. Prior: 1959 c 80 § 4.]
35.42.040
[Title 35 RCW—page 154]
(2008 Ed.)
Local Improvements—Authority—Initiation of Proceedings
call, or may execute a lease without any further call for bids.
[1985 c 469 § 28; 1965 c 7 § 35.42.080. Prior: 1959 c 80 § 8.]
35.42.090 Leases exempted from certain taxes. All
leases executed pursuant to RCW 35.42.010 through
35.42.090 shall be exempt from the tax imposed by chapter
19, Laws of 1951 second extraordinary session, as amended,
and *chapter 82.45 RCW; section 5, chapter 389, Laws of
1955, and RCW 82.04.040; and section 9, chapter 178, Laws
of 1941, and RCW 82.08.090, and by rules and regulations of
the department of revenue issued pursuant thereto. [1975 1st
ex.s. c 278 § 22; 1965 c 7 § 35.42.090. Prior: 1959 c 80 § 9.]
35.42.090
*Reviser’s note: This internal reference has been changed from chapter
28A.45 RCW to chapter 82.45 RCW in accordance with 1981 c 148 § 13 and
1981 c 93 § 2. See note following RCW 82.45.010.
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
LEASES OF REAL OR PERSONAL PROPERTY OR
PROPERTY RIGHTS WITH OR WITHOUT
OPTION TO PURCHASE—1963 ACT
35.42.200 Leases authorized—Ballot proposition.
Any city or town may execute leases for a period of years
with or without an option to purchase with the state or any of
its political subdivisions, with the government of the United
States, or with any private party for the lease of any real or
personal property, or property rights: PROVIDED, That with
respect only to leases that finance the acquisition of property
by the lessee, the aggregated portions of lease payments over
the term of the lease which are allocable to principal shall
constitute debt, which shall not result in a total indebtedness
in excess of one and one-half percent of the taxable property
of such city or town computed in accordance with RCW
39.36.030, unless a proposition in regard to whether or not
such a lease may be executed is submitted to the voters for
their approval or rejection in the same manner that bond
issues for capital purposes are submitted, and the voters
approve the same. [1990 c 205 § 1; 1965 c 7 § 35.42.200.
Prior: 1963 c 170 § 1.]
35.42.200
35.42.210 Exercise of option to purchase. If at the
time an option to purchase is exercised the remaining amount
to be paid in order to purchase the real or personal property
leased after crediting the rental payments toward the total
purchase price therefor does not result in a total indebtedness
in excess of one and one-half percent of the taxable property
of such city or town computed in accordance with RCW
39.36.030, such a city or town may exercise its option to purchase such property. If such remaining amount to be paid to
purchase such leased property will result in a total indebtedness in excess of one and one-half percent of the taxable
property of such city or town, a proposition in regard to
whether or not to purchase the property shall be submitted to
the voters for approval or rejection in the same manner that
bond issues for capital purposes are submitted to the voters.
[1965 c 7 § 35.42.210. Prior: 1963 c 170 § 2.]
35.42.210
35.42.220 Budgeting rental payments—Bids—Construction of agreement where rental equals purchase
price. The annual budget of a city shall provide for the pay35.42.220
(2008 Ed.)
Chapter 35.43
ment of rental that falls due in the year for which the budget
is applicable: PROVIDED, That if the cost of the real or personal property to be leased exceeds the amounts specified in
RCW 35.23.352 prior to the execution of a lease with option
to purchase therefor, the city or town shall call for bids in
accordance with RCW 35.23.352: PROVIDED, That if at the
expiration of a lease with option to purchase a city or town
exercises such an option, the fact that the rental payments
theretofore made equal the amount of the purchase price of
the real or personal property involved in such lease shall not
preclude the agreement from being a lease with option to purchase up to the date of the exercising of the option. [1965 c 7
§ 35.42.220. Prior: 1963 c 170 § 3.]
Chapter 35.43 RCW
LOCAL IMPROVEMENTS—AUTHORITY—
INITIATION OF PROCEEDINGS
Chapter 35.43
Sections
35.43.005
35.43.010
35.43.020
35.43.030
35.43.035
35.43.040
35.43.042
35.43.043
35.43.045
35.43.050
35.43.060
35.43.070
35.43.075
35.43.080
35.43.100
35.43.110
35.43.120
35.43.125
35.43.130
35.43.140
35.43.150
35.43.180
35.43.182
35.43.184
35.43.186
35.43.188
35.43.190
35.43.200
35.43.210
35.43.220
35.43.230
35.43.250
35.43.260
35.43.270
35.43.280
Municipal local improvement statutes applicable to public corporations.
Terms defined.
Construction.
Charters superseded—Application—Ordinances—Districts
outside city authorized.
Creation of district outside city subject to review by boundary
review board.
Authority generally.
Authority to establish utility local improvement districts—
Procedure.
Conversion of local improvement district into utility local
improvement district.
Open canals or ditches—Safeguards.
Authority—Noncontinuous improvements.
Consolidated cities—Procedure.
Ordinance—Action on petition or resolution.
Petition for district outside city may be denied.
Ordinance—Creation of district.
Ordinance—Finality—Limitation upon challenging jurisdiction or authority to proceed.
Petition—Mandatory, when.
Petition—Requirements.
Petition—Notice and public hearing required.
Preliminary estimates and assessment roll.
Resolutions—Contents, publication—Hearing, by whom held.
Resolutions—Hearing upon—Notice.
Restraint by protest.
Waivers of protest—Recording—Limits on enforceability.
Preformation expenditures.
Credits for other assessments.
Assessment reimbursement accounts.
Work—By contract or by city or public corporation.
Street railways at expense of property benefited.
Street railways at expense of property benefited—Petition—
Assessment district.
Street railways at expense of property benefited—Assessment
of cost.
Street railways at expense of property benefited—Procedure.
Deferral of collection of assessments for economically disadvantaged persons—Authorized.
Service fees for sewers not constructed within ten years after
voter approval—Credit against future assessments, service
charges.
Sanitary sewer or potable water facilities—Notice to certain
property owners.
Settlement of Indian claims.
Assessment rolls, eminent domain improvements, objections to: RCW
8.12.330.
Assessments
fire protection districts: RCW 52.20.010.
first-class cities, special: RCW 35.22.280(10).
local improvements, may be made by: State Constitution Art. 7 § 9.
public utility districts: RCW 54.16.160, 54.16.165.
Authority of cities to levy special taxes for: State Constitution Art. 7 § 9.
[Title 35 RCW—page 155]
35.43.005
Title 35 RCW: Cities and Towns
Bonds, savings and loan associations may invest in: RCW 33.24.080.
Bridges, elevated, ordinance ordering improvement: RCW 35.85.020.
Curbs along streets, construction, reconstruction and repair: Chapter 35.68
RCW.
Eminent domain: Chapter 8.12 RCW.
First-class cities, authority for special assessments: RCW 35.22.280 (10),
(13).
Foreclosure of assessments
curbs and gutter construction and repair: RCW 35.68.070.
sidewalk construction, second-class cities: RCW 35.70.090.
sidewalks and driveways across: RCW 35.68.070.
Local improvement districts
bridges, elevated: RCW 35.85.020.
metropolitan municipal corporations, effect on: RCW 35.58.500.
roadways, elevated: RCW 35.85.020.
subways: RCW 35.85.050.
tunnels: RCW 35.85.050.
viaducts: RCW 35.85.020.
water rights acquisition: RCW 35.92.220.
Metropolitan park districts, assessment against lands adjoining: RCW
35.61.220.
Parking, off-street facilities: RCW 35.86.020.
Pedestrian malls, financing: RCW 35.71.060.
Prepayment of taxes and assessments: RCW 35.21.650.
Roadways, elevated, ordinance ordering improvement: RCW 35.85.020.
Sanitary fills: Chapter 35.73 RCW.
Second-class cities, providing for improvements: RCW 35.23.440(47).
such city or town. Whenever the word "mayor" is used
therein, it shall be construed to mean the presiding officer of
said city or town. Whenever the words "installment" or
"installments" are used therein, they shall be construed to
include installment or installments of interest. Whenever the
words "local improvement," "local improvements," or
"municipal local improvements" are used therein, they shall
be construed to include improvements owned or operated by
a public corporation or by a public corporation and a city,
town, or another public corporation. Whenever the words
"public corporation" are used therein, they shall mean a public corporation, commission, or authority created pursuant to
RCW 35.21.730 through 35.21.755. [1987 c 242 § 2; 1965 c
7 § 35.43.010. Prior: 1925 ex.s. c 117 § 2; 1911 c 98 § 68;
RRS § 9421.]
Policy—1987 c 242: See note following RCW 35.43.005.
35.43.020 Construction. The rule that statutes in derogation of the common law are to be strictly construed shall
have no application to this and the following chapters relating
to municipal local improvements but the same shall be liberally construed for the purpose of carrying out the objects for
which intended. [1965 c 7 § 35.43.020. Prior: 1911 c 98 §
69; RRS § 9422.]
35.43.020
35.43.030 Charters superseded—Application—
Ordinances—Districts outside city authorized. This and
the following chapters relating to municipal local improvements shall supersede the provisions of the charter of any city
of the first class.
They shall apply to all incorporated cities and towns,
including unclassified cities and towns operating under special charters.
The council of each city and town shall pass such general
ordinance or ordinances as may be necessary to carry out
their provisions and thereafter all proceedings relating to
local improvements shall be conducted in accordance with
this and the following chapters relating to municipal local
improvements and the ordinance or ordinances of such city or
town.
Cities or towns may form local improvement districts or
utility local improvement districts composed entirely or in
part of unincorporated territory outside of such city or town’s
corporate limits in the manner provided in this chapter.
[1971 ex.s. c 116 § 4; 1967 c 52 § 2; 1965 c 7 § 35.43.030.
Prior: 1963 c 56 § 1; prior: (i) 1911 c 98 § 60; 1899 c 146 §
1; RRS § 9413. (ii) 1911 c 98 § 67; RRS § 9420. (iii) 1911 c
98 § 71; RRS § 9424.]
35.43.030
Special assessments: State Constitution Art. 7 § 9.
Streets and alleys
agreements with county: RCW 35.77.020.
county furnishing construction and maintenance: RCW 35.77.020.
county use of road fund: RCW 35.77.030.
establishing grade, procedure: Chapter 35.73 RCW.
Subways, authority to construct: RCW 35.85.050.
Tunnels, authority to construct: RCW 35.85.050.
Unfit dwellings, assessments for: RCW 35.80.030(1)(h).
Viaducts, ordinance ordering improvement: RCW 35.85.020.
Water rights, acquisition of: RCW 35.92.220.
35.43.005 Municipal local improvement statutes
applicable to public corporations. The provisions of this
and the following chapters relating to municipal local
improvements apply to local improvements owned or operated by a public corporation or by a public corporation and a
city, town, or another public corporation as if they were
owned or operated by a city or town. Whenever a section in
such chapters refers to improvements made by, ordered by,
owned by, operated by, constructed by, acquired by, or otherwise provided for or undertaken by a city or town or other
municipality, it shall be construed to refer also to improvements made by, ordered by, owned by, operated by, constructed by, acquired by, or otherwise provided for or undertaken by a public corporation. [1987 c 242 § 6.]
35.43.005
Policy—1987 c 242: "It is declared to be the public policy of the state
that public improvements owned and operated by public corporations that
confer special benefits on property, including without limitation museum,
cultural, or arts facilities or structures, should be able to use the local
improvement district financing of municipalities." [1987 c 242 § 1.]
35.43.010 Terms defined. Whenever the words "city
council" or "town council" are used in this and the following
chapters relating to municipal local improvements, they shall
be construed to mean the council or other legislative body of
35.43.010
[Title 35 RCW—page 156]
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.43.035 Creation of district outside city subject to
review by boundary review board. The creation of a local
improvement district outside of the boundaries of a city or
town to provide water or sewer facilities may be subject to
potential review by a boundary review board under chapter
36.93 RCW. [1989 c 84 § 30.]
35.43.035
35.43.040 Authority generally. Whenever the public
interest or convenience may require, the legislative authority
35.43.040
(2008 Ed.)
Local Improvements—Authority—Initiation of Proceedings
of any city or town may order the whole or any part of any
local improvement including but not restricted to those, or
any combination thereof, listed below to be constructed,
reconstructed, repaired, or renewed and landscaping including but not restricted to the planting, setting out, cultivating,
maintaining, and renewing of shade or ornamental trees and
shrubbery thereon; may order any and all work to be done
necessary for completion thereof; and may levy and collect
special assessments on property specially benefited thereby
to pay the whole or any part of the expense thereof, viz:
(1) Alleys, avenues, boulevards, lanes, park drives, parkways, parking facilities, public places, public squares, public
streets, their grading, regrading, planking, replanking, paving, repaving, macadamizing, remacadamizing, graveling,
regraveling, piling, repiling, capping, recapping, or other
improvement; if the management and control of park drives,
parkways, and boulevards is vested in a board of park commissioners, the plans and specifications for their improvement must be approved by the board of park commissioners
before their adoption;
(2) Auxiliary water systems;
(3) Auditoriums, field houses, gymnasiums, swimming
pools, or other recreational, playground, museum, cultural, or
arts facilities or structures;
(4) Bridges, culverts, and trestles and approaches
thereto;
(5) Bulkheads and retaining walls;
(6) Dikes and embankments;
(7) Drains, sewers, and sewer appurtenances which as to
trunk sewers shall include as nearly as possible all the territory which can be drained through the trunk sewer and subsewers connected thereto;
(8) Escalators or moving sidewalks together with the
expense of operation and maintenance;
(9) Parks and playgrounds;
(10) Sidewalks, curbing, and crosswalks;
(11) Street lighting systems together with the expense of
furnishing electrical energy, maintenance, and operation;
(12) Underground utilities transmission lines;
(13) Water mains, hydrants, and appurtenances which as
to trunk water mains shall include as nearly as possible all the
territory in the zone or district to which water may be distributed from the trunk water mains through lateral service and
distribution mains and services;
(14) Fences, culverts, syphons, or coverings or any other
feasible safeguards along, in place of, or over open canals or
ditches to protect the public from the hazards thereof;
(15) Roadbeds, trackage, signalization, storage facilities
for rolling stock, overhead and underground wiring, and any
other stationary equipment reasonably necessary for the operation of an electrified public streetcar line;
(16) Systems of surface, underground, or overhead railways, tramways, buses, or any other means of local transportation except taxis, and including passenger, terminal, station
parking, and related facilities and properties, and such other
facilities as may be necessary for passenger and vehicular
access to and from such terminal, station, parking, and related
f a c i li ti e s a n d p r o p e r t ies , t o g e t h e r w it h a l l lan d s ,
rights-of-way, property, equipment, and accessories necessary for such systems and facilities;
(2008 Ed.)
35.43.042
(17) Convention center facilities or structures in cities
incorporated before January 1, 1982, with a population over
sixty thousand located in a county with a population over one
million, other than the city of Seattle. Assessments for purposes of convention center facilities or structures may be levied only to the extent necessary to cover a funding shortfall
that occurs when funds received from special excise taxes
imposed pursuant to chapter 67.28 RCW are insufficient to
fund the annual debt service for such facilities or structures,
and may not be levied on property exclusively maintained as
single-family or multifamily permanent residences whether
they are rented, leased, or owner occupied; and
(18) Programs of aquatic plant control, lake or river restoration, or water quality enhancement. Such programs shall
identify all the area of any lake or river which will be
improved and shall include the adjacent waterfront property
specially benefited by such programs of improvements.
Assessments may be levied only on waterfront property
including any waterfront property owned by the department
of natural resources or any other state agency. Notice of an
assessment on a private leasehold in public property shall
comply with provisions of chapter 79.44 RCW. Programs
under this subsection shall extend for a term of not more than
five years. [1997 c 452 § 16; 1989 c 277 § 1; 1985 c 397 § 1;
1983 c 291 § 1; 1981 c 17 § 1; 1969 ex.s. c 258 § 1; 1965 c 7
§ 35.43.040. Prior: 1959 c 75 § 1; 1957 c 144 § 2; prior: (i)
1911 c 98 § 1; RRS § 9352. (ii) 1945 c 190 § 1, part; 1915 c
168 § 6, part; 1913 c 131 § 1, part; 1911 c 98 § 6, part; Rem.
Supp. 1945 § 9357, part. (iii) 1911 c 98 § 15; RRS § 9367.
(iv) 1911 c 98 § 58, part; RRS § 9411, part.]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
Authority supplemental—Severability—1985 c 397: See RCW
35.51.900 and 35.51.901.
35.43.042 Authority to establish utility local
improvement districts—Procedure. Whenever the legislative authority of any city or town has provided pursuant to
law for the acquisition, construction, reconstruction, purchase, condemnation and purchase, addition to, repair, or
renewal of the whole or any portion of a:
(1) System for providing the city or town and the inhabitants thereof with water, which system includes as a whole
or as a part thereof water mains, hydrants or appurtenances
which are authorized subjects for local improvements under
RCW 35.43.040(13) or other law; or a
(2) System for providing the city or town with sewerage
and storm or surface water disposal, which system includes
as a whole or as a part thereof drains, sewers or sewer appurtenances which are authorized subjects for local improvements under RCW 35.43.040(7) or other law; or
(3) Off-street parking facilities; and
Has further provided in accordance with any applicable
provisions of the Constitution or statutory authority for the
issuance and sale of revenue bonds to pay the cost of all or a
portion of any such system, such legislative authority shall
have the authority to establish utility local improvement districts, and to levy special assessments on all property specially benefited by any such local improvement to pay in
35.43.042
[Title 35 RCW—page 157]
35.43.043
Title 35 RCW: Cities and Towns
whole or in part the damages or costs of any local improvements so provided for.
The initiation and formation of such utility local
improvement districts and the levying, collection and
enforcement of assessments shall be in the manner and subject to the same procedures and limitations as are now or
hereafter provided by law for the initiation and formation of
local improvement districts in cities and towns and the levying, collection and enforcement of assessments pursuant
thereto.
It must be specified in any petition or resolution initiating the formation of such a utility local improvement district
in a city or town and in the ordinance ordered pursuant
thereto, that the assessments shall be for the sole purpose of
payment into such revenue bond fund as may be specified by
the legislative authority for the payment of revenue bonds
issued to defray the cost of such system or facilities or any
portion thereof as provided for in this section.
Assessments in any such utility local improvement district may be made on the basis of special benefits up to but
not in excess of the total cost of the local improvements portion of any system or facilities payable by issuance of revenue bonds. No warrants or bonds shall be issued in any such
utility local improvement district, but the collection of interest and principal on all assessments in such utility local
improvement district, when collected, shall be paid into any
such revenue bond fund.
When in the petition or resolution for establishment of a
local improvement district and in the ordinance ordered pursuant thereto, it is specified or provided that the assessments
shall be for the sole purpose of payment into a revenue bond
fund for the payment of revenue bonds, then the local
improvement district shall be designated a "utility local
improvement district".
The provisions of chapters 35.45, 35.47 and 35.48 RCW
shall have no application to utility local improvement districts created under authority of this section. [1969 ex.s. c
258 § 2; 1967 c 52 § 1.]
Construction—1967 c 52: "The authority granted by this 1967 amendatory act shall be considered an alternative and additional method of securing payment of revenue bonds issued for the purposes specified in RCW
35.43.042 and shall not be construed as a restriction or limitation upon any
other method for providing for the payment of any such revenue bonds."
[1967 c 52 § 27.]
Severability—1967 c 52: "If any provision of this act, or its application
to any person or circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not
affected." [1967 c 52 § 29.]
35.43.043
35.43.043 Conversion of local improvement district
into utility local improvement district. The legislative
authority of any city or town may by ordinance convert any
then existing local improvement district into a utility local
improvement district at any time prior to the adoption of an
ordinance approving and confirming the final assessment roll
of such local improvement district. The ordinance so converting the local improvement district shall provide for the payment of the special assessments levied in that district into the
special fund established or to be established for the payment
of revenue bonds issued to defray the cost of the local
improvement in that district. [1967 c 52 § 28.]
[Title 35 RCW—page 158]
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.43.045 Open canals or ditches—Safeguards.
Every city or town shall have the right of entry upon all irrigation, drainage, or flood control canal or ditch rights-of-way
within its limits for all purposes necessary to safeguard the
public from the hazards of such open canals or ditches, and
the right to cause to be constructed, installed, and maintained
upon or adjacent to such rights-of-way safeguards as provided in RCW 35.43.040: PROVIDED, That such safeguards must not unreasonably interfere with maintenance of
the canal or ditch or with the operation thereof. The city or
town, at its option, notwithstanding any laws to the contrary,
may require the irrigation, drainage, flood control, or other
district, agency, person, corporation, or association maintaining the canal or ditch to supervise the installation and construction of such safeguards, or to maintain the same. If such
option is exercised reimbursement must be made by the city
or town for all actual costs thereof. [1965 c 7 § 35.43.045.
Prior: 1959 c 75 § 2.]
35.43.045
Safeguarding open canals or ditches, assessments: RCW 35.43.040,
35.43.045, 36.88.015, 36.88.350, 36.88.380 through 36.88.400,
87.03.480, 87.03.526.
35.43.050 Authority—Noncontinuous improvements. When the legislative body of any city or town finds
that all of the property within a local improvement district or
utility local improvement district will be benefited by the
improvements as a whole, a local improvement district or
utility local improvement district may include adjoining, vicinal, or neighboring streets, avenues, and alleys or other
improvements even though the improvements thus made are
not connected or continuous. The assessment rates may be
ascertained on the basis of the special benefit of the improvements as a whole to the properties within the entire local
improvement district or utility local improvement district, or
on the basis of the benefit of each unit of the improvements to
the properties specially benefited by that unit, or the assessment rates may be ascertained by a combination of the two
bases. Where no finding is made by the legislative body as to
the benefit of the improvements as a whole to all of the property within a local improvement district or utility local
improvement district, the cost and expense of each continuous unit of the improvements shall be ascertained separately,
as near as may be, and the assessment rates shall be computed
on the basis of the cost and expense of each unit. In the event
of the initiation of a local improvement district authorized by
this section or a utility local improvement district authorized
by this section, the legislative body may, in its discretion,
eliminate from the district any unit of the improvement which
is not connected or continuous and may proceed with the balance of the improvement within the local improvement district or utility local improvement district, as fully and completely as though the eliminated unit had not been included
within the improvement district, without the giving of any
notices to the property owners remaining within the district,
other than such notices as are required by the provisions of
this chapter to be given subsequent to such elimination.
[1985 c 397 § 2; 1967 c 52 § 3; 1965 c 7 § 35.43.050. Prior:
1957 c 144 § 14; prior: 1947 c 155 § 1, part; 1941 c 90 § 1,
35.43.050
(2008 Ed.)
Local Improvements—Authority—Initiation of Proceedings
part; 1915 c 168 § 2, part; 1911 c 98 § 13, part; Rem. Supp.
1947 § 9365, part.]
Authority supplemental—Severability—1985 c 397: See RCW
35.51.900 and 35.51.901.
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.43.060 Consolidated cities—Procedure. The city
council of any city which is composed of two or more cities
or towns which have been or may hereafter be consolidated
may make and pass all resolutions, orders and ordinances
necessary for any assessment where the improvement was
made or was being made by a component city or town prior
to consolidation. [1965 c 7 § 35.43.060. Prior: 1911 c 98 §
64; RRS § 9417.]
35.43.060
35.43.070 Ordinance—Action on petition or resolution. A local improvement may be ordered only by an ordinance of the city or town council, pursuant to either a resolution or petition therefor. The ordinance must receive the affirmative vote of at least a majority of the members of the
council.
Charters of cities of the first class may prescribe further
limitations. In cities and towns other than cities of the first
class, the ordinance must receive the affirmative vote of at
least two-thirds of the members of the council if, prior to its
passage, written objections to its enactment are filed with the
city clerk by or on behalf of the owners of a majority of the
lineal frontage of the improvement and of the area within the
limits of the proposed improvement district. [1965 c 7 §
35.43.070. Prior: (i) 1911 c 98 § 8; RRS § 9359. (ii) 1911 c
98 § 66; RRS § 9419.]
35.43.070
35.43.075 Petition for district outside city may be
denied. Whenever the formation of a local improvement district or utility local improvement district which lies entirely
or in part outside of a city or town’s corporate limits is initiated by petition the legislative authority of the city or town
may by a majority vote deny the petition and refuse to form
the local improvement district or utility local improvement
district. [1967 c 52 § 4; 1965 c 7 § 35.43.075. Prior: 1963 c
56 § 3.]
35.43.075
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.43.080 Ordinance—Creation of district. Every
ordinance ordering a local improvement to be paid in whole
or in part by assessments against the property specially benefited shall describe the improvement and establish a local
improvement district to be known as "local improvement district No. . . . .," or a utility local improvement district to be
known as "utility local improvement district No. . . . ." which
shall embrace as nearly as practicable all the property specially benefited by the improvement. [1969 ex.s. c 258 § 3;
1967 c 52 § 5; 1965 c 7 § 35.43.080. Prior: 1957 c 144 § 15;
prior: (i) 1947 c 155 § 1, part; 1941 c 90 § 1, part; 1915 c 168
§ 2, part; 1911 c 98 § 13, part; Rem. Supp. 1947 § 9365, part.
(ii) 1929 c 97 § 2; 1911 c 98 § 14; RRS § 9366.]
35.43.080
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
(2008 Ed.)
35.43.120
35.43.100 Ordinance—Finality—Limitation upon
challenging jurisdiction or authority to proceed. The
council may continue the hearing upon any petition or resolution provided for in this chapter and shall retain jurisdiction
thereof until it is finally disposed of. The action and decision
of the council as to all matters passed upon by it in relation to
any petition or resolution shall be final and conclusive. No
lawsuit whatsoever may be maintained challenging the jurisdiction or authority of the council to proceed with the
improvement and creating the local improvement district or
in any way challenging the validity thereof or any proceedings relating thereto unless that lawsuit is served and filed no
later than thirty days after the date of passage of the ordinance ordering the improvement and creating the district or,
when applicable, no later than thirty days after the expiration
of the thirty-day protest period provided in RCW 35.43.180.
[1969 ex.s. c 258 § 4; 1965 c 7 § 35.43.100. Prior: 1911 c 98
§ 19; RRS § 9371.]
35.43.100
35.43.110 Petition—Mandatory, when. Proceedings
to establish local improvement districts must be initiated by
petition in the following cases:
(1) Any local improvement payable in whole or in part
by special assessments which includes a charge for the cost
and expense of operation and maintenance of escalators or
moving sidewalks shall be initiated only upon a petition
signed by the owners of two-thirds of the lineal frontage upon
the improvement to be made and two-thirds of the area within
the limits of the proposed improvement district;
(2) If the management of park drives, parkways, and
boulevards of a city has been vested in a board of park commissioners or similar authority: PROVIDED, That the proceedings may be initiated by a resolution, if the ordinance is
passed at the request of the park board or similar authority
therefor specifying the particular drives, parkways, or boulevards, or portions thereof to be improved and the nature of the
improvement. [1981 c 313 § 10; 1965 c 7 § 35.43.110. Prior:
1957 c 144 § 3; prior: (i) 1911 c 98 § 58, part; RRS § 9411,
part. (ii) 1945 c 190 § 1, part; 1915 c 168 § 6, part; 1913 c 131
§ 1, part; 1911 c 98 § 6, part; Rem. Supp. 1945 § 9357, part.]
35.43.110
Severability—1981 c 313: See note following RCW 36.94.020.
35.43.120 Petition—Requirements. Any local
improvement may be initiated upon a petition signed by the
owners of property aggregating a majority of the area within
the proposed district. The petition must briefly describe: (1)
The nature of the proposed improvement, (2) the territorial
extent of the proposed improvement, (3) what proportion of
the area within the proposed district is owned by the petitioners as shown by the records in the office of the county auditor, and (4) the fact that actual assessments may vary from
assessment estimates so long as they do not exceed a figure
equal to the increased true and fair value the improvement, or
street lighting, adds to the property.
If any of the property within the area of the proposed district stands in the name of a deceased person, or of any person
for whom a guardian has been appointed and not discharged,
the signature of the executor, administrator, or guardian, as
the case may be, shall be equivalent to the signature of the
owner of the property on the petition. The petition must be
filed with the clerk or with such other officer as the city or
35.43.120
[Title 35 RCW—page 159]
35.43.125
Title 35 RCW: Cities and Towns
town by charter or ordinance may require. [1989 c 243 § 1;
1981 c 323 § 1; 1969 ex.s. c 258 § 5; 1965 c 7 § 35.43.120.
Prior: 1957 c 144 § 6; prior: 1911 c 98 § 9, part; RRS § 9360,
part.]
35.43.125 Petition—Notice and public hearing
required. A public hearing shall be held on the creation of a
proposed local improvement district or utility local improvement district that is initiated by petition. Notice requirements
for this public hearing shall be the same as for the public
hearing on the creation of a proposed local improvement district or utility local improvement district that is initiated by
resolution. [1987 c 315 § 2.]
35.43.125
35.43.130 Preliminary estimates and assessment roll.
Upon the filing of a petition or upon the adoption of a resolution, as the case may be, initiating a proceeding for the formation of a local improvement district or utility local improvement district, the proper board, officer, or authority designated by charter or ordinance to make the preliminary
estimates and assessment roll shall cause an estimate to be
made of the cost and expense of the proposed improvement
and certify it to the legislative authority of the city or town
together with all papers and information in its possession
touching the proposed improvement, a description of the
boundaries of the district, and a statement of what portion of
the cost and expense of the improvement should be borne by
the property within the proposed district.
If the proceedings were initiated by petition the designated board, officer or authority shall also determine the sufficiency of the petition and whether the facts set forth therein
are true. If the petition is found to be sufficient and in all proceedings initiated by resolution of the legislative authority of
the city or town, the estimates must be accompanied by a diagram showing thereon the lots, tracts, and parcels of land and
other property which will be specially benefited by the proposed improvement and the estimated amount of the cost and
expense thereof to be borne by each lot, tract, or parcel of
land or other property: PROVIDED, That no such diagram
shall be required where such estimates are on file in the office
of the city engineer, or other designated city office, together
with a detailed copy of the preliminary assessment roll and
the plans and assessment maps of the proposed improvement.
For the purpose of estimating and levying local improvement assessments, the value of property of the United States,
of the state, or of any county, city, town, school district, or
other public corporation whose property is not assessed for
general taxes shall be computed according to the standards
afforded by similarly situated property which is assessed for
general taxes. [1983 c 303 § 1; 1967 c 52 § 6; 1965 c 7 §
35.43.130. Prior: 1957 c 144 § 7; prior: 1953 c 26 § 1. (i)
1911 c 98 § 9, part; RRS § 9360, part. (ii) 1929 c 97 § 1, part;
1911 c 98 § 10, part; RRS § 9361, part. (iii) 1949 c 28 § 1,
part; 1931 c 85 § 1, part; 1927 c 109 § 1, part; 1923 c 135 § 1,
part; 1921 c 128 § 1, part; 1915 c 168 § 1, part; 1911 c 98 §
12, part; Rem. Supp. 1949 § 9363, part. (iv) 1927 c 209 § 4,
part; 1923 c 141 § 4, part; RRS § 9351-4, part.]
35.43.130
Severability—1983 c 303: See RCW 36.60.905.
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
[Title 35 RCW—page 160]
35.43.140
35.43.140 Resolutions—Contents, publication—
Hearing, by whom held. Any local improvement to be paid
for in whole or in part by the levy and collection of assessments upon the property within the proposed improvement
district may be initiated by a resolution of the city or town
council or other legislative authority of the city or town,
declaring its intention to order the improvement, setting forth
the nature and territorial extent of the improvement, containing a statement that actual assessments may vary from assessment estimates so long as they do not exceed a figure equal to
the increased true and fair value the improvement, or street
lighting, adds to the property, and notifying all persons who
may desire to object thereto to appear and present their objections at a time to be fixed therein.
In the case of trunk sewers and trunk water mains the resolution must describe the routes along which the trunk sewer,
subsewer and branches of trunk water main and laterals are to
be constructed.
In case of dikes or other structures to protect the city or
town or any part thereof from overflow or to open, deepen,
straighten, or enlarge watercourses, waterways and other
channels the resolution must set forth the place of commencement and ending thereof and the route to be used.
In the case of auxiliary water systems, or extensions
thereof or additions thereto for protection of the city or town
or any part thereof from fire, the resolution must set forth the
routes along which the auxiliary water system or extensions
thereof or additions thereto are to be constructed and specifications of the structures or works necessary thereto or forming a part thereof.
The resolution shall be published in at least two consecutive issues of the official newspaper of the city or town, the
first publication to be at least fifteen days before the day fixed
for the hearing.
The hearing herein required may be held before the city
or town council, or other legislative authority, or before a
committee thereof. The legislative authority of a city or town
may designate an officer to conduct the hearings. The committee or hearing officer shall report recommendations on the
resolution to the legislative authority for final action. [1994 c
71 § 2; 1989 c 243 § 2; 1985 c 469 § 29; 1984 c 203 § 1; 1965
c 7 § 35.43.140. Prior: 1957 c 144 § 8; prior: 1953 c 177 §
1. (i) 1929 c 97 § 1, part; 1911 c 98 § 10, part; RRS § 9361,
part. (ii) 1911 c 98 § 16, part; RRS § 9368, part. (iii) 1911 c
98 § 17, part; RRS § 9369, part. (iv) 1911 c 98 § 18, part;
RRS § 9370, part.]
Severability—1984 c 203: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1984 c 203 § 10.]
35.43.150
35.43.150 Resolutions—Hearing upon—Notice.
Notice of the hearing upon a resolution declaring the intention of the legislative authority of a city or town to order an
improvement shall be given by mail at least fifteen days
before the day fixed for hearing to the owners or reputed
owners of all lots, tracts, and parcels of land or other property
to be specially benefited by the proposed improvement, as
shown on the rolls of the county assessor, directed to the
address thereon shown.
(2008 Ed.)
Local Improvements—Authority—Initiation of Proceedings
The notice shall set forth the nature of the proposed
improvement, the estimated cost, a statement that actual
assessments may vary from assessment estimates so long as
they do not exceed a figure equal to the increased true and fair
value the improvement, or street lighting, adds to the property, and the estimated benefits of the particular lot, tract, or
parcel. [1989 c 243 § 3; 1983 c 303 § 2; 1965 c 7 §
35.43.150. Prior: 1957 c 144 § 9; prior: 1929 c 97 § 1, part;
1911 c 98 § 10, part; RRS § 9361, part.]
Severability—1983 c 303: See RCW 36.60.905.
35.43.180 Restraint by protest. The jurisdiction of the
legislative authority of a city or town to proceed with any
local improvement initiated by resolution shall be divested by
a protest filed with the city or town council within thirty days
from the date of passage of the ordinance ordering the
improvement, signed by the owners of the property within the
proposed local improvement district or utility local improvement district subject to sixty percent or more of the total cost
of the improvement including federally-owned or other nonassessable property as shown and determined by the preliminary estimates and assessment roll of the proposed improvement district or, if all or part of the local improvement district
or utility local improvement district lies outside of the city or
town, such jurisdiction shall be divested by a protest filed in
the same manner and signed by the owners of property which
is within the proposed local improvement district or utility
local improvement district but outside the boundaries of the
city or town, and which is subject to sixty percent or more of
that part of the total cost of the improvement allocable to
property within the proposed local improvement district or
utility local improvement district but outside the boundaries
of the city or town, including federally-owned or other nonassessable property: PROVIDED, That such restraint by protest shall not apply to any of the following local improvements, if the legislative body finds and recites in the ordinance or resolution authorizing the improvement that such
improvement is necessary for the protection of the public
health and safety and such ordinance or resolution is passed
by unanimous vote of all members present: (1) Sanitary sewers or watermains where the health officer of the city or town,
or department of ecology, files with the legislative authority
a report showing the necessity for such improvement; and (2)
fire hydrants where the chief of the fire department files a
report showing the necessity for such improvement. [1983 c
303 § 3; 1967 c 52 § 8; 1965 c 58 § 2; 1965 c 7 § 35.43.180.
Prior: 1963 c 56 § 2; 1957 c 144 § 12; prior: 1949 c 28 § 1,
part; 1931 c 85 § 1, part; 1927 c 109 § 1, part; 1923 c 135 § 1,
part; 1921 c 128 § 1, part; 1915 c 168 § 1, part; 1911 c 98 §
12, part; Rem. Supp. 1949 § 9363, part.]
35.43.180
Severability—1983 c 303: See RCW 36.60.905.
35.43.188
the effective term of the agreement, which shall not exceed
ten years. The agreement must be recorded with the auditor
of the county in which the property is located. It is against
public policy and void for an owner, by agreement, as a condition imposed in connection with proposed property development, or otherwise, to waive rights to object to the property
owner’s individual assessment (including the determination
of special benefits allocable to the property), or to appeal to
the superior court the decision of the city or town council
affirming the final assessment roll. [1988 c 179 § 8.]
Severability—Prospective application—Section captions—1988 c
179: See RCW 39.92.900 and 39.92.901.
35.43.184 Preformation expenditures. The city or
town engineer or other designated official may contract with
owners of real property to provide for payment by the owners
of the cost of the preparation of engineering plans, surveys,
studies, appraisals, legal services, and other expenses associated with improvements to be financed in whole or in part by
a local improvement district (not including the cost of actual
construction of such improvements), that the owners elect to
undertake. The contract may provide for reimbursement to
the owner of such costs from the proceeds of bonds issued by
the district after formation of a district under this chapter,
from assessments paid to the district as appropriate, or by a
credit in the amount of such costs against future assessments
assessed against such property under the district. Such reimbursement shall be made to the owner of the property at the
time of reimbursement. The contract shall also provide that
such costs shall not be reimbursed to the owner if a district to
construct the specified improvements (as the project may be
amended) is not formed within six years of the date of the
contract. The contract shall provide that any preformation
work shall be conducted only under the direction of the city
or town engineer or other appropriate city or town authority.
[1988 c 179 § 9.]
35.43.184
Severability—Prospective application—Section captions—1988 c
179: See RCW 39.92.900 and 39.92.901.
35.43.186 Credits for other assessments. A city or
town ordering a local improvement upon which special
assessments on property specifically benefited by the
improvement are levied and collected, may provide as part of
the ordinance creating the local improvement district that
moneys paid or the cost of facilities constructed by a property
owner in the district in satisfaction of obligations under chapter 39.92 RCW, shall be credited against assessments due
from the owner of such property at the time the credit is
made, if those moneys paid or facilities constructed directly
defray the cost of the specified improvements under the district and if credit for such amounts is reflected in the final
assessment roll confirmed for the district. [1988 c 179 § 10.]
35.43.186
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
Severability—Prospective application—Section captions—1988 c
179: See RCW 39.92.900 and 39.92.901.
35.43.182 Waivers of protest—Recording—Limits
on enforceability. If an owner of property enters into an
agreement with a city or town waiving the property owner’s
right under RCW 35.43.180 to protest formation of a local
improvement district, the agreement must specify the
improvements to be financed by the district and shall set forth
35.43.188 Assessment reimbursement accounts. A
city or town ordering a local improvement upon which special assessments on property specifically benefitted by the
improvement are levied and collected, may provide as part of
the ordinance creating the local improvement district that the
payment of an assessment levied for the district on underde-
35.43.182
(2008 Ed.)
35.43.188
[Title 35 RCW—page 161]
35.43.190
Title 35 RCW: Cities and Towns
veloped properties may be made by owners of other properties within the district, if they so elect, subject to terms of
reimbursement set forth in the ordinance. The terms for reimbursement shall require the owners of underdeveloped properties on whose behalf payments of assessments have been
made to reimburse all such assessment payments to the party
who made them when those properties are developed or redeveloped, together with interest at a rate specified in the ordinance. The ordinance may provide that reimbursement shall
be made on a one-time, lump sum basis, or may provide that
reimbursement shall be made over a period not to exceed five
years. The ordinance may provide that reimbursement shall
be made no later than the time of dissolution of the district, or
may provide that no reimbursement is due if the underdeveloped properties are not developed or redeveloped before the
dissolution of the district. Reimbursement amounts due from
underdeveloped properties under this section are liens upon
the underdeveloped properties in the same manner and with
like effect as assessments made under this chapter. For the
purposes of this section, "underdeveloped properties" may
include those properties that, in the discretion of the legislative body of the city or town, (1) are undeveloped or are not
developed to their highest and best use, and (2) are likely to
be developed or redeveloped before the dissolution of the district. [1988 c 179 § 11.]
Severability—Prospective application—Section captions—1988 c
179: See RCW 39.92.900 and 39.92.901.
35.43.190 Work—By contract or by city or public
corporation. All local improvements, the funds for the making of which are derived in whole or in part from assessments
upon property specially benefited shall be made by contract
on competitive bids whenever the estimated cost of such
improvement including the cost of materials, supplies, labor,
and equipment will exceed the sum of five thousand dollars.
The city, town, or public corporation may reject any and all
bids. The city, town, or public corporation itself may make
the local improvements if all the bids received exceed by ten
percent preliminary cost estimates prepared by an independent consulting engineer or registered professional engineer
retained for that purpose by the city, town, or public corporation. [1987 c 242 § 3; 1971 ex.s. c 116 § 6; 1965 c 7 §
35.43.190. Prior: 1911 c 98 § 59; RRS § 9412.]
35.43.190
Policy—1987 c 242: See note following RCW 35.43.005.
35.43.200 Street railways at expense of property benefited. Any city or town in this state owning and operating a
municipal street railway over one hundred miles of track
shall have power to provide for purchasing, or otherwise
acquiring, or constructing and equipping surface, subway and
elevated street railways and extensions thereof, and to levy
and collect special assessments on property specially benefited thereby, for paying the cost and expense of the same or
any portion thereof, as hereinafter provided. [1965 c 7 §
35.43.200. Prior: 1923 c 176 § 1; RRS § 9425-1.]
35.43.200
35.43.210 Street railways at expense of property benefited—Petition—Assessment district. Any improvement
district created under RCW 35.43.200-35.43.230 shall be created only by ordinance defining its boundaries as specified
35.43.210
[Title 35 RCW—page 162]
and described in the petition therefor and specifying the plan
or system therein provided for; and shall be initiated only
upon a petition therefor, specifying and describing the boundaries of such district and specifying the plan or system of proposed improvement, signed by the owners of at least sixty
percent of the lineal frontage upon the proposed improvement and of at least fifty percent of the area within the limits
of the proposed improvement district: PROVIDED, That the
city council may in its discretion reject any such petition.
[1965 c 7 § 35.43.210. Prior: 1923 c 176 § 2; RRS § 9425-2.]
35.43.220 Street railways at expense of property benefited—Assessment of cost. The cost and expense of any
such improvement shall be distributed and assessed against
all the property included in such local improvement district,
in accordance with the special benefits conferred thereon.
[1965 c 7 § 35.43.220. Prior: 1923 c 176 § 3; RRS § 9425-3.]
35.43.220
35.43.230 Street railways at expense of property benefited—Procedure. Except as herein otherwise provided all
matters and proceedings relating to such local improvement
district, the levying and collecting of assessments, the issuance and redemption of local improvement warrants and
bonds, and the enforcement of local assessment liens hereunder shall be governed by the laws relating to local improvements; and all matters and proceedings relating to the purchase, acquisition, or construction and equipment of the
improvement and the operation of the same hereunder and
the issuance and redemption of utility bonds and warrants, if
any, and the use of general or utility funds, if any, in connection with the purchase, acquisition, construction, equipping,
or operation of the improvement shall be governed by the
laws relating to municipal public utilities. [1965 c 7 §
35.43.230. Prior: 1923 c 176 § 4; RRS § 9425-4.]
35.43.230
35.43.250 Deferral of collection of assessments for
economically disadvantaged persons—Authorized. Any
city of the first class in this state ordering any local improvement upon which shall be levied and collected special assessments on property specifically benefited thereby may provide
as part of the ordinance creating any local improvement district that the collection of any assessment levied therefor may
be deferred until a time previous to the dissolution of the district for those economically disadvantaged property owners
or other persons who, under the terms of a recorded contract
of purchase, recorded mortgage, recorded deed of trust transaction or recorded lease are responsible under penalty of forfeiture, foreclosure or default as between vendor/vendee,
mortgagor/mortgagee, grantor and trustor/trustee and
grantee, and beneficiary and lendor, or lessor and lessee for
the payment of local improvement district assessments, and
in the manner specified in the ordinance qualify for such
deferment, upon assurance of property security for the payment thereof. [1972 ex.s. c 137 § 2.]
35.43.250
Severability—1972 ex.s. c 137: See note following RCW 35.49.010.
35.43.260 Service fees for sewers not constructed
within ten years after voter approval—Credit against
future assessments, service charges. Any municipal corporation, quasi municipal corporation, or political subdivision
35.43.260
(2008 Ed.)
Local Improvements—Assessments and Reassessments
which has the authority to install sewers by establishing local
improvement districts, which has charged and collected
monthly service fees for sewers, that have been authorized
and approved by the voters and have not been constructed for
a period of ten or more years since the voter approval, is
hereby authorized and directed to grant a credit against the
future assessment to be assessed at the time of actual completion of construction of the sewers for each parcel of real property in an amount equal in dollars to the total amount of service fees charged and collected since voter approval for each
such parcel, plus interest at six percent compounded annually: PROVIDED, That if such service fees and interest
exceed the future assessment for construction of the sewers,
such excess funds shall be used to defray future sewer service
charge fees.
It is the intent of the legislature that the provisions of this
section are procedural and remedial and shall have retroactive effect. [1977 c 72 § 3.]
35.43.270 Sanitary sewer or potable water facilities—Notice to certain property owners. Whenever it is
proposed that a local improvement district or utility local
improvement district finance sanitary sewers or potable water
facilities, additional notice of the public hearing on the proposed improvement district shall be mailed to the owners of
any property located outside of the proposed improvement
district that would be required as a condition of federal housing administration loan qualification, at the time of notice, to
be connected to the specific sewer or water facilities installed
by the local improvement district. The notice shall include
information about this restriction. [1987 c 315 § 1.]
35.43.270
35.43.280 Settlement of Indian claims. (1) The settlement of Indian land and other claims against public and private property owners is declared to be in the interest of public
health and safety, orderly government, environmental protection, economic development, and the social well-being of the
citizens of this state, and to specifically benefit the properties
released from those claims.
It is the purpose of chapter 4, Laws of 1989 1st ex. sess.
to encourage the settlement of such Indian land and other
claims lawsuits by permitting the establishment and use of
local improvement districts to finance all or a portion of the
settlement costs of such lawsuits.
(2) A local improvement district may be established by a
local government legislative authority to finance all or part of
the settlement costs in an Indian land and other claims settlement related to public and private property located within the
local government. The settlement of an Indian land claim
lawsuit shall be deemed to be an improvement that may be
financed in whole or in part through use of a local improvement district.
Except as expressly provided in this section, all matters
relating to the establishment and operation of such a local
improvement district, the levying and collection of special
assessments, the issuance of local improvement district
bonds and other obligations, and all related matters, shall be
subject to the provisions of chapters 35.43 through 35.54
RCW. The resolution or petition initiating the creation of a
local improvement district used to finance all or a portion of
35.43.280
(2008 Ed.)
Chapter 35.44
an Indian land and other claims settlement shall describe the
general nature of the Indian land and other claims and the
proposed settlement. The value of a contribution by any person, municipal corporation, political subdivision, or the state
of money, real property, or personal property to the settlement of Indian land and other claims shall be credited to any
assessment for a local improvement district under this section. [1989 1st ex.s. c 4 § 2.]
Severability—1989 1st ex.s. c 4: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 1st ex.s. c 4 § 4.]
Chapter 35.44
Chapter 35.44 RCW
LOCAL IMPROVEMENTS—
ASSESSMENTS AND REASSESSMENTS
Sections
35.44.010
35.44.015
35.44.020
35.44.030
35.44.040
35.44.045
35.44.047
35.44.050
35.44.060
35.44.070
35.44.080
35.44.090
35.44.100
35.44.110
35.44.120
35.44.130
35.44.140
35.44.150
35.44.160
35.44.170
35.44.180
35.44.190
35.44.200
35.44.210
35.44.220
35.44.230
35.44.240
35.44.250
35.44.260
35.44.270
35.44.280
35.44.290
35.44.300
35.44.310
35.44.320
35.44.330
35.44.340
35.44.350
35.44.360
35.44.370
35.44.380
35.44.390
35.44.400
35.44.410
35.44.420
Assessment district—All property to be assessed—Basis.
Special benefit assessments for farm and agricultural land—
Exemption from assessments, etc.
Assessment district—Cost items to be included.
Assessment district—Zones.
Assessment rate per square foot.
Open canals or ditches—Safeguards—Ascertaining assessments.
Other methods of computing assessments may be used.
Assessment roll—Entry of assessments against property.
Assessment roll—Diagram on preliminary survey not conclusive.
Assessment roll—Filing—Hearing, date, by whom held.
Assessment roll—Notice of hearing.
Assessment roll—Notice—Mailing—Publication.
Assessment roll—Hearing—Objections—Authority of council.
Assessment roll—Objections—Timeliness.
Assessment roll—Amendment—Procedure.
City property—Assessment.
County property assessment.
Harbor area leaseholds—Assessment.
Leases on tidelands—Assessment.
Metropolitan park district property—Assessment.
Notices—Mailing—Proof.
Proceedings conclusive—Exceptions—Adjustments to assessments if other funds become available.
Procedure on appeal—Perfecting appeal.
Procedure on appeal—Notice of appeal.
Procedure on appeal—Bond.
Procedure on appeal—Transcript.
Procedure on appeal—Notice of hearing.
Procedure on appeal—Hearing by superior court.
Procedure on appeal—Appellate review.
Procedure on appeal—Certified copy of decision or order.
Reassessments—When authorized.
Reassessments—Basis—Property included.
Reassessments—Irregularities not fatal.
Reassessments—Amount thereof.
Reassessments—Credit for prior payments.
Reassessments—Payment.
Reassessments—Limitation of time for.
Reassessments, assessments on omitted property, supplemental assessments—Provisions governing.
Assessments on omitted property—Authority.
Assessments on omitted property—Resolution—Notice.
Assessments on omitted property—Confirmation ordinance—
Collection.
Supplemental assessments—When authorized.
Supplemental assessments—Limitation of time for.
Segregation of assessments.
Property donations—Credit against assessments.
Alternative method of assessment—Classification of property: RCW
35.51.030.
Assessments and charges against state lands: Chapter 79.44 RCW.
Deferral of special assessments: Chapter 84.38 RCW.
[Title 35 RCW—page 163]
35.44.010
Title 35 RCW: Cities and Towns
35.44.010 Assessment district—All property to be
assessed—Basis. All property included within the limits of a
local improvement district or utility local improvement district shall be considered to be the property specially benefited
by the local improvement and shall be the property to be
assessed to pay the cost and expense thereof or such part
thereof as may be chargeable against the property specially
benefited. The cost and expense shall be assessed upon all the
property in accordance with the special benefits conferred
thereon. [1985 c 397 § 3; 1967 c 52 § 9; 1965 c 7 §
35.44.010. Prior: 1957 c 144 § 16; prior: 1947 c 155 § 1,
part; 1941 c 90 § 1, part; 1915 c 168 § 2, part; 1911 c 98 § 13,
part; Rem. Supp. 1947 § 9365, part.]
35.44.010
Authority supplemental—Severability—1985 c 397: See RCW
35.51.900 and 35.51.901.
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.44.015 Special benefit assessments for farm and
agricultural land—Exemption from assessments, etc.
See RCW 84.34.300 through 84.34.380 and 84.34.922.
35.44.015
35.44.020 Assessment district—Cost items to be
included. There shall be included in the cost and expense of
every local improvement for assessment against the property
in the district created to pay the same, or any part thereof:
(1) The cost of all of the construction or improvement
authorized for the district including, but not limited to, that
portion of the improvement within the street intersections;
(2) The estimated cost and expense of all engineering
and surveying necessary for the improvement done under the
supervision of the city or town engineer;
(3) The estimated cost and expense of ascertaining the
ownership of the lots or parcels of land included in the assessment district;
(4) The estimated cost and expense of advertising, mailing, and publishing all necessary notices;
(5) The estimated cost and expense of accounting, clerical labor, and of books and blanks extended or used on the
part of the city or town clerk and city or town treasurer in
connection with the improvement;
(6) All cost of the acquisition of rights-of-way, property,
easements, or other facilities or rights, including without limitation rights to use property, facilities, or other improvements appurtenant, related to, and/or useful in connection
with the local improvement, whether by eminent domain,
purchase, gift, payment of connection charges, capacity
charges, or other similar charges or in any other manner;
(7) The cost for legal, financial, and appraisal services
and any other expenses incurred by the city, town, or public
corporation for the district or in the formation thereof, or by
the city, town, or public corporation in connection with such
construction or improvement and in the financing thereof,
including the issuance of any bonds and the cost of providing
for increases in the local improvement guaranty fund, or providing for a separate reserve fund or other security for the
payment of principal of and interest on such bonds.
Any of the costs set forth in this section may be excluded
from the cost and expense to be assessed against the property
in such local improvement district and may be paid from any
other moneys available therefor if the legislative body of the
35.44.020
[Title 35 RCW—page 164]
city or town so designates by ordinance at any time. [1995 c
382 § 1; 1987 c 242 § 4; 1985 c 397 § 4; 1971 ex.s. c 116 § 8;
1969 ex.s. c 258 § 6; 1965 c 7 § 35.44.020. Prior: 1955 c 364
§ 1; 1911 c 98 § 55; RRS § 9408.]
Policy—1987 c 242: See note following RCW 35.43.005.
Authority supplemental—Severability—1985 c 397: See RCW
35.51.900 and 35.51.901.
35.44.030 Assessment district—Zones. For the purpose of ascertaining the amount to be assessed against each
separate lot, tract, parcel of land or other property therein, the
local improvement district or utility local improvement district shall be divided into subdivisions or zones paralleling
the margin of the street, avenue, lane, alley, boulevard, park
drive, parkway, public place or public square to be improved,
numbered respectively first, second, third, fourth, and fifth.
The first subdivision shall include all lands within the
district lying between the street margins and lines drawn parallel therewith and thirty feet therefrom.
The second subdivision shall include all lands within the
district lying between lines drawn parallel with and thirty and
sixty feet respectively from the street margins.
The third subdivision shall include all lands within the
district lying between lines drawn parallel with and sixty and
ninety feet respectively from the street margins.
The fourth subdivision shall include all lands, if any,
within the district lying between lines drawn parallel with
and ninety and one hundred twenty feet respectively from the
street margins.
The fifth subdivision shall include all lands, if any,
within the district lying between a line drawn parallel with
and one hundred twenty feet from the street margin and the
outer limit of the improvement district. [1967 c 52 § 10; 1965
c 7 § 35.44.030. Prior: 1957 c 144 § 17; prior: 1947 c 155 §
1, part; 1941 c 90 § 1, part; 1915 c 168 § 2, part; 1911 c 98 §
13, part; Rem. Supp. 1947 § 9365, part.]
35.44.030
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.44.040 Assessment rate per square foot. The rate
of assessment per square foot in each subdivision of an
improvement district shall be fixed on the basis that the special benefits conferred on a square foot of land in subdivisions first, second, third, fourth and fifth, respectively, are
related to each other as are the numbers, forty-five, twentyfive, twenty, ten, and five, respectively, and shall be ascertained in the following manner:
(1) The products of the number of square feet in subdivisions first, second, third, fourth, and fifth, respectively, and
the numbers forty-five, twenty-five, twenty, ten, and five,
respectively, shall be ascertained;
(2) The aggregate sum thereof shall be divided into the
total cost and expense of the improvement;
(3) The resultant quotient multiplied by forty-five,
twenty-five, twenty, ten, and five, respectively, shall be the
respective rate of assessment per square foot for subdivisions
first, second, third, fourth and fifth: PROVIDED, That in lieu
of the above formula the rate of assessment per square foot in
each subdivision of an improvement district may be fixed on
the basis that the special benefits conferred on a square foot
of land in subdivisions first, second, third, fourth and fifth,
35.44.040
(2008 Ed.)
Local Improvements—Assessments and Reassessments
respectively, are related to each other as are the numbers
0.015000, 0.008333, 0.006666, 0.003333, and 0.001666,
respectively; and the method of determining the assessment
on each lot, tract, or parcel of land in the improvement district
may be ascertained in the following manner:
(1) The products of the number of square feet in subdivisions first, second, third, fourth and fifth, respectively, for
each lot, tract or parcel of land in the improvement district
and the numbers 0.015000, 0.008333, 0.006666, 0.003333
and 0.001666, respectively, shall be ascertained. The sum of
all such products for each such lot, tract or parcel of land shall
be the number of "assessable units of frontage" therein;
(2) The rate for each assessable unit of frontage shall be
determined by dividing that portion of the total cost of the
improvement representing special benefits by the aggregate
sum of all assessable units of frontage;
(3) The assessment for each lot, tract or parcel of land in
the improvement district shall be the product of the assessable units of frontage therefor, multiplied by the rate per
assessable unit of frontage. [1965 c 7 § 35.44.040. Prior:
1957 c 144 § 18; prior: 1947 c 155 § 1, part; 1941 c 90 § 1,
part; 1915 c 168 § 2, part; 1911 c 98 § 13, part; Rem. Supp.
1947 § 9365, part.]
35.44.045 Open canals or ditches—Safeguards—
Ascertaining assessments. As an alternative to other methods of ascertaining assessments for local improvements, in a
local improvement district established for safeguarding open
canals or ditches, the district may be sectioned into subdivisions or zones paralleling the canal or ditch, numbered
respectively, first, second, third and fourth. Each subdivision
shall be equal to one-quarter of the width of the district as
measured back from the margin of the canal right-of-way.
The rate of assessment per square foot in each subdivision so
formed shall be fixed on the basis that the special benefits
conferred on a square foot of land in subdivisions first, second, third, and fourth, respectively, are related to each other
as are the numbers, forty, thirty, twenty, and ten, respectively, and shall be ascertained in the following manner:
(1) The products of the number of square feet in subdivisions first, second, third, and fourth, respectively, and the
numbers forty, thirty, twenty, and ten, respectively, shall be
ascertained;
(2) The aggregate sum thereof shall be divided into the
total cost and expense of the local improvement;
(3) The resultant quotient multiplied by forty, thirty,
twenty, and ten, respectively, shall be the respective rate of
assessment per square foot for each subdivision. [1965 c 7 §
35.44.045. Prior: 1959 c 75 § 3.]
35.44.045
Safeguarding open canals or ditches, assessments: RCW 35.43.040,
35.43.045, 36.88.015, 36.88.350, 36.88.380 through 36.88.400,
87.03.480, 87.03.526.
35.44.047 Other methods of computing assessments
may be used. Notwithstanding the methods of assessment
provided in RCW 35.44.030, 35.44.040 and 35.44.045, the
city or town may use any other method or combination of
methods to compute assessments which may be deemed to
more fairly reflect the special benefits to the properties being
assessed. The failure of the council to specifically recite in its
ordinance ordering the improvement and creating the local
35.44.047
(2008 Ed.)
35.44.080
improvement district that it will not use the zone and termini
method of assessment shall not invalidate the use of any other
method or methods of assessment. [1969 ex.s. c 258 § 7.]
35.44.050
35.44.050 Assessment roll—Entry of assessments
against property. The total assessment thus ascertained
against each separate lot, tract, parcel of land, or other property in the district shall be entered upon the assessment roll as
the amount to be levied and assessed against each separate
lot, tract, parcel of land, or other property. [1965 c 7 §
35.44.050. Prior: 1957 c 144 § 19; prior: 1947 c 155 § 1,
part; 1941 c 90 § 1, part; 1915 c 168 § 2, part; 1911 c 98 § 13,
part; Rem. Supp. 1947 § 9365, part.]
35.44.060
35.44.060 Assessment roll—Diagram on preliminary
survey not conclusive. The diagram or print directed to be
submitted to the council shall be in the nature of a preliminary determination by the designated administrative board,
officer, or authority upon the method and relative estimated
amounts of assessments to be levied upon the property specially benefited by the improvement and shall not be binding
or conclusive in any way upon the board, officer, or authority
in the preparation of the assessment roll for the improvement
or upon the council in any hearing affecting the assessment
roll. [1965 c 7 § 35.44.060. Prior: 1911 c 98 § 11; RRS §
9362.]
35.44.070
35.44.070 Assessment roll—Filing—Hearing, date,
by whom held. The assessment roll for local improvements
when prepared as provided by law shall be filed with the city
or town clerk. The council or other legislative authority shall
thereupon fix a date for a hearing thereon before such legislative authority or may direct that the hearing shall be held
before a committee thereof or the legislative authority of any
city or town may designate an officer to conduct such hearings. The committee or officer designated shall hold a hearing on the assessment roll and consider all objections filed
following which the committee or officer shall make recommendations to such legislative authority which shall either
adopt or reject the recommendations of the committee or
officer. If a hearing is held before such a committee or officer
it shall not be necessary to hold a hearing on the assessment
roll before such legislative authority. A local ordinance shall
provide for an appeal by any person protesting his or her
assessment to the legislative authority of a decision made by
such officer. The same procedure may if so directed by such
legislative authority be followed with respect to any assessment upon the roll which is raised or changed to include
omitted property. Such legislative authority shall direct the
clerk to give notice of the hearing and of the time and place
thereof. [1994 c 71 § 1; 1979 ex.s. c 100 § 1; 1965 c 7 §
35.44.070. Prior: 1953 c 177 § 2; 1929 c 97 § 3, part; 1911 c
98 § 21, part; RRS § 9373, part.]
35.44.080
35.44.080 Assessment roll—Notice of hearing. The
notice of hearing upon the assessment roll shall specify the
time and place of hearing and shall notify all persons who
may desire to object thereto:
[Title 35 RCW—page 165]
35.44.090
Title 35 RCW: Cities and Towns
(1) To make their objections in writing and to file them
with the city or town clerk at or prior to the date fixed for the
hearing;
(2) That at the time and place fixed and at times to which
the hearing may be adjourned, the council will sit as a board
of equalization for the purpose of considering the roll; and
(3) That at the hearing the council or committee or
officer will consider the objections made and will correct,
revise, raise, lower, change, or modify the roll or any part
thereof or set aside the roll and order the assessment to be
made de novo.
Following the hearing the council shall confirm the roll
by ordinance. [1979 ex.s. c 100 § 2; 1965 c 7 § 35.44.080.
Prior: 1929 c 97 § 3, part; 1911 c 98 § 21, part; RRS § 9373,
part.]
35.44.090 Assessment roll—Notice—Mailing—Publication. At least fifteen days before the date fixed for hearing, notice thereof shall be mailed to the owner or reputed
owner of the property whose name appears on the assessment
roll, at the address shown on the tax rolls of the county treasurer for each item of property described on the list. In addition thereto the notice shall be published at least once a week
for two consecutive weeks in the official newspaper of the
city or town, the last publication to be at least fifteen days
before the date fixed for hearing. [1986 c 278 § 48; 1985 c
469 § 30; 1965 c 7 § 35.44.090. Prior: 1929 c 97 § 3, part;
1911 c 98 § 21, part; RRS § 9373, part.]
35.44.090
Severability—1986 c 278: See note following RCW 36.01.010.
35.44.100 Assessment roll—Hearing—Objections—
Authority of council. At the time fixed for hearing objections to the confirmation of the assessment roll, and at the
times to which the hearing may be adjourned, the council
may correct, revise, raise, lower, change, or modify the roll or
any part thereof, or set aside the roll and order the assessment
to be made de novo and at the conclusion thereof confirm the
roll by ordinance. [1965 c 7 § 35.44.100. Prior: 1929 c 97 §
3, part; 1911 c 98 § 21, part; RRS § 9373, part.]
35.44.100
35.44.110 Assessment roll—Objections—Timeliness.
All objections to the confirmation of the assessment roll shall
state clearly the grounds of objections. Objections not made
within the time and in the manner prescribed in this chapter
shall be conclusively presumed to have been waived. [1965
c 7 § 35.44.110. Prior: 1929 c 97 § 3, part; 1911 c 98 § 21,
part; RRS § 9373, part.]
35.44.110
35.44.120 Assessment roll—Amendment—Procedure. If an assessment roll is amended so as to raise any
assessment appearing thereon or to include omitted property,
a new time and place for hearing shall be fixed and a new
notice of hearing on the roll given as in the case of an original
hearing: PROVIDED, That as to any property originally
entered upon the roll the assessment upon which has not been
raised, no objections to confirmation of the assessment roll
shall be considered by the council or by any court on appeal
unless the objections were made in writing at or prior to the
date fixed for the original hearing upon the assessment roll.
35.44.120
[Title 35 RCW—page 166]
[1965 c 7 § 35.44.120. Prior: 1929 c 97 § 3, part; 1911 c 98
§ 21, part; RRS § 9373, part.]
35.44.130 City property—Assessment. Every city and
town shall include in its annual tax levy an amount sufficient
to pay all unpaid assessments with all interest, penalties, and
charges thereon levied against all lands belonging to the city
or town. The proceeds of such a portion of the tax levy shall
be placed in a separate fund to be known as the "city (or
town) property assessments redemption fund" and by the city
or town treasurer inviolably applied in payment of any
unpaid assessment liens on any lands belonging to the city or
town. [1965 c 7 § 35.44.130. Prior: (i) 1929 c 183 § 1; 1909
c 130 § 1; RRS § 9344. (ii) 1929 c 183 § 2, part; 1909 c 130
§ 2, part; RRS § 9345, part.]
35.44.130
35.44.140 County property assessment. All lands
held or owned by any county in fee simple, in trust, or otherwise within the limits of a local improvement district or utility local improvement district of a city or town shall be
assessed and charged for their proportion of the cost of the
local improvement in the same manner as other property in
the district and the county commissioners are authorized to
cause the assessments to be paid at the times and in the manner provided by law and the ordinances of the city or town.
This section shall apply to all cities and towns, any charter or
ordinance provision to the contrary notwithstanding. [1971
ex.s. c 116 § 9; 1967 c 52 § 11; 1965 c 7 § 35.44.140. Prior:
(i) 1905 c 29 § 1; RRS § 9340. (ii) 1907 c 61 § 1; 1905 c 29 §
2; RRS § 9341. (iii) 1929 c 139 § 2; 1905 c 29 § 4; RRS §
9343.]
35.44.140
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.44.150 Harbor area leaseholds—Assessment. All
leasehold rights and interests of private individuals, firms or
corporations in or to harbor areas located within the limits of
a city or town are declared to be real property for the purpose
of assessment for the payment of the cost of local improvements. They may be assessed and reassessed in accordance
with the special benefits received, which shall be limited to
benefits accruing during the term of the lease, to the property
subject to lease immediately abutting upon the improvement
and extending one-half block therefrom not exceeding, however, three hundred fifty feet. [1965 c 7 § 35.44.150. Prior:
1915 c 134 § 1; RRS § 9364.]
35.44.150
35.44.160 Leases on tidelands—Assessment. All
leases of tidelands owned in fee by the state are declared to be
real property for the purpose of assessment for the payment
of the cost of local improvements. [1965 c 7 § 35.44.160.
Prior: 1911 c 98 § 56; RRS § 9409.]
35.44.160
35.44.170 Metropolitan park district property—
Assessment. All lands held by a metropolitan park district in
fee simple, in trust, or otherwise within the limits of a local
improvement district in a city or town shall be assessed and
charged for their proportion of the cost of all local improvements in the same manner as other property in the district.
35.44.170
(2008 Ed.)
Local Improvements—Assessments and Reassessments
35.44.250
[1965 c 7 § 35.44.170. Prior: (i) 1929 c 204 § 1; RRS § 93431. (ii) 1929 c 204 § 2; RRS § 9343-2.]
1957 c 143 § 3; prior: 1911 c 98 § 22, part; RRS § 9374,
part.]
35.44.180 Notices—Mailing—Proof. The mailing of
any notice required in connection with municipal local
improvements shall be conclusively proved by the written
certificate of the officer, board, or authority directed by the
provisions of the charter or ordinance of a city or town to give
the notice. [1965 c 7 § 35.44.180. Prior: 1929 c 97 § 4; RRS
§ 9373-1.]
35.44.220 Procedure on appeal—Bond. At the time of
filing the notice of appeal with the clerk of the superior court,
the appellant shall execute and file with him a sufficient bond
in the penal sum of two hundred dollars, with at least two
sureties to be approved by the judge of the court, conditioned
to prosecute the appeal without delay and, if unsuccessful, to
pay all reasonable costs and expenses which the city or town
incurs by reason of the appeal. Upon application therefor, the
court may order the appellant to execute and file such additional bonds as the necessity of the case may require. [1971
ex.s. c 116 § 3; 1969 ex.s. c 258 § 8; 1965 c 7 § 35.44.220.
Prior: 1957 c 143 § 4; prior: 1911 c 98 § 22, part; RRS §
9374, part.]
35.44.180
35.44.190 Proceedings conclusive—Exceptions—
Adjustments to assessments if other funds become available. Whenever any assessment roll for local improvements
has been confirmed by the council, the regularity, validity,
and correctness of the proceedings relating to the improvement and to the assessment therefor, including the action of
the council upon the assessment roll and the confirmation
thereof shall be conclusive in all things upon all parties. They
cannot in any manner be contested or questioned in any proceeding by any person unless he filed written objections to
the assessment roll in the manner and within the time
required by the provisions of this chapter and unless he prosecutes his appeal in the manner and within the time required
by the provisions of this chapter.
No proceeding of any kind shall be commenced or prosecuted for the purpose of defeating or contesting any assessment or the sale of any property to pay an assessment or any
certificate of delinquency issued therefor, or the foreclosure
of any lien therefor, except that injunction proceedings may
be brought to prevent the sale of any real estate upon the
ground (1) that the property about to be sold does not appear
upon the assessment roll or, (2) that the assessment has been
paid.
If federal, local, or state funds become available for a
local improvement after the assessment roll has been confirmed by the city legislative authority, the funds may be used
to lower the assessments on a uniform basis. Any adjustments
to the assessments because of the availability of federal or
state funds may be made on the next annual payment. [1985
c 397 § 9; 1965 c 7 § 35.44.190. Prior: 1911 c 98 § 23; RRS
§ 9375.]
35.44.190
Severability—1985 c 397: See RCW 35.51.901.
35.44.200 Procedure on appeal—Perfecting appeal.
The decision of the council or other legislative body, upon
any objections made in the manner and within the time herein
prescribed, shall be final and conclusive, subject however to
review by the superior court upon appeal. The appeal shall be
made by filing written notice of appeal with the city or town
clerk and with the clerk of the superior court of the county in
which the city or town is situated. [1965 c 7 § 35.44.200.
Prior: 1957 c 143 § 2; prior: 1911 c 98 § 22, part; RRS §
9374, part.]
35.44.200
35.44.210 Procedure on appeal—Notice of appeal.
The notice of appeal must be filed within ten days after the
ordinance confirming the assessment roll becomes effective
and shall describe the property and set forth the objections of
the appellant to the assessment. [1965 c 7 § 35.44.210. Prior:
35.44.210
(2008 Ed.)
35.44.220
35.44.230 Procedure on appeal—Transcript. Within
ten days from the filing of the notice of appeal, the appellant
shall file with the clerk of the superior court a transcript consisting of the assessment roll and his objections thereto,
together with the ordinance confirming the assessment roll
and the record of the council with reference to the assessment. This transcript, upon payment of the necessary fees
therefor, shall be furnished by the city or town clerk and shall
be certified by him to contain full, true and correct copies of
all matters and proceedings required to be included in the
transcript. The fees payable therefor shall be the same as
those payable to the clerk of the superior court for the preparation and certification of transcripts on appeal to the
supreme court or the court of appeals in civil actions. [1971
c 81 § 90; 1965 c 7 § 35.44.230. Prior: 1957 c 143 § 5; prior:
1911 c 98 § 22, part; RRS § 9374, part.]
35.44.230
35.44.240 Procedure on appeal—Notice of hearing.
Within three days after the filing of the transcript with the
clerk of the superior court, the appellant shall give notice to
the head of the legal department of the city or town and to its
clerk that the transcript has been filed. The notice shall also
state a time (not less than three days from the date of service
thereof) when the appellant will call up the cause for hearing.
[1965 c 7 § 35.44.240. Prior: 1957 c 143 § 6; prior: 1911 c
98 § 22, part; RRS § 9374, part.]
35.44.240
35.44.250 Procedure on appeal—Hearing by superior court. At the time fixed for hearing in the notice thereof
or at such further time as may be fixed by the court, the superior court shall hear and determine the appeal without a jury
and the cause shall have preference over all other civil causes
except proceedings relating to eminent domain in cities and
towns and actions of forcible entry and detainer. The judgment of the court shall confirm, unless the court shall find
from the evidence that such assessment is founded upon a
fundamentally wrong basis and/or the decision of the council
or other legislative body thereon was arbitrary or capricious;
in which event the judgment of the court shall correct,
change, modify, or annul the assessment insofar as it affects
the property of the appellant. [1969 ex.s. c 258 § 9; 1965 c 7
§ 35.44.250. Prior: 1957 c 143 § 7; prior: 1911 c 98 § 22,
part; RRS § 9374, part.]
35.44.250
[Title 35 RCW—page 167]
35.44.260
Title 35 RCW: Cities and Towns
35.44.260 Procedure on appeal—Appellate review.
Appellate review of the judgment of the superior court may
be obtained as in other cases if sought within fifteen days
after the date of the entry of the judgment in the superior
court. [1988 c 202 § 36; 1971 c 81 § 91; 1965 c 7 §
35.44.260. Prior: 1957 c 143 § 8; prior: 1911 c 98 § 22, part;
RRS § 9374, part.]
35.44.260
Rules of court: Appeal procedures superseded by RAP 2.1, 2.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
35.44.270 Procedure on appeal—Certified copy of
decision or order. A certified copy of the decision of the
superior court pertaining to assessments for local improvements shall be filed with the officer having custody of the
assessment roll and he shall modify and correct the assessment roll in accordance with the decision. In the event appellate review of the decision is sought, a certified copy of the
court’s order shall be filed with the officer having custody of
the assessment roll and the officer shall thereupon modify
and correct the assessment roll in accordance with the order.
[1988 c 202 § 37; 1971 c 81 § 92; 1965 c 7 § 35.44.270. Prior:
1957 c 143 § 9; prior: 1911 c 98 § 22, part; RRS § 9374,
part.]
35.44.270
Severability—1988 c 202: See note following RCW 2.24.050.
35.44.280 Reassessments—When authorized. In all
cases of special assessments for local improvements wherein
the assessments are not valid in whole or in part for want of
form, or insufficiency, informality, irregularity, or nonconformance with the provisions of law, charter, or ordinance,
the city or town council may reassess the assessments and
enforce their collection in accordance with the provisions of
law and ordinance existing at the time the reassessment is
made. This shall apply not only to an original assessment but
also to any reassessment, to any assessment upon omitted
property and to any supplemental assessment which is
declared void and its enforcement refused by any court or
which for any cause has been set aside, annulled or declared
void by any court either directly or by virtue of any decision
thereof. [1965 c 7 § 35.44.280. Prior: 1911 c 98 § 42, part;
1893 c 96 § 3; RRS § 9395, part.]
35.44.280
35 . 4 4.2 9 0 R eas ses sm e nt s— Ba si s—P r o pe r t y
included. Every reassessment shall be made upon the property which has been or will be specially benefited by the local
improvement and may be made upon property whether or not
it abuts upon, is adjacent to, or proximate to the improvement
or was included in the original assessment district.
Property not included in the original improvement district when so assessed shall become a part of the improvement district and all payments of assessments shall be paid
into and become part of the local improvement fund to pay
for the improvement.
Property in the original local improvement district which
is excluded in reassessment need not be entered upon the
assessment roll.
Every reassessment must be based upon the actual cost
of the improvement at the time of its completion. [1965 c 7 §
35.44.290. Prior: (i) 1911 c 98 § 42, part; 1893 c 96 § 3, part;
35.44.290
[Title 35 RCW—page 168]
RRS § 9395, part. (ii) 1911 c 98 § 43, part; 1909 c 71 § 1,
part; 1893 c 95 § 2, part; RRS § 9396, part.]
35.44.300 Reassessments—Irregularities not fatal.
The fact that the contract has been let or that the improvement
has been made and completed in whole or in part shall not
prevent the reassessment from being made, nor shall the
omission or neglect of any office or officers to comply with
the law, the charter, or ordinances governing the city or town
as to petition, notice, resolution to improve, estimate, survey,
diagram, manner of letting contract, or execution of work or
any other matter connected with the improvement and the
first assessment thereof operate to invalidate or in any way
affect the making of a reassessment. [1965 c 7 § 35.44.300.
Prior: 1911 c 98 § 43, part; 1909 c 71 § 1, part; 1893 c 95 §
2, part; RRS § 9396, part.]
35.44.300
35.44.310 Reassessments—Amount thereof. The
reassessment shall be for an amount which shall not exceed
the actual cost and expense of the improvement, together
with the accrued interest thereon, it being the true intent and
meaning of the statutes relating to local improvements to
make the cost and expense of local improvements payable by
the property specially benefited thereby, notwithstanding the
proceedings of the council, board of public works or other
board, officer, or authority may be found to be irregular or
defective, whether jurisdictional or otherwise. [1965 c 7 §
35.44.310. Prior: 1911 c 98 § 43, part; 1909 c 71 § 1, part;
1893 c 95 § 2, part; RRS § 9396, part.]
35.44.310
35.44.320 Reassessments—Credit for prior payments. In case of reassessment, all sums paid on the former
attempted assessments shall be credited to the property on
account of which they were paid. [1965 c 7 § 35.44.320.
Prior: 1911 c 98 § 43, part; 1909 c 71 § 1, part; 1893 c 95 §
2, part; RRS § 9396, part.]
35.44.320
35.44.330 Reassessments—Payment. In case of reassessment after the certification of the assessment roll to the
city or town treasurer for collection, the same length of time
for payment of the assessment thereon without the imposition
of any penalties or interest and the notice that the assessments
are in the hands of the treasurer for collection shall be given
as in case of an original assessment. After delinquency, penalties and interest may be charged as in cases of original
assessment and if the original assessment was payable in
installments, the new assessment may be divided into equal
installments and made payable at such times as the city or
town council may prescribe in the ordinance ordering the
new assessment. [1965 c 7 § 35.44.330. Prior: 1911 c 98 §
43, part; 1909 c 71 § 1, part; 1893 c 95 § 2, part; RRS § 9396,
part.]
35.44.330
35.44.340 Reassessments—Limitation of time for.
No city or town shall have jurisdiction to proceed with any
reassessment unless the ordinance ordering it is passed by the
city or town council within ten years from and after the time
the original assessment for the same improvement was finally
held to be invalid, insufficient or for any cause set aside, in
whole or in part or its enforcement denied directly or indi35.44.340
(2008 Ed.)
Local Improvements—Assessments and Reassessments
rectly by the courts. [1965 c 7 § 35.44.340. Prior: 1911 c 98
§ 45, part; RRS § 9398, part.]
35.44.350 Reassessments, assessments on omitted
property, supplemental assessments—Provisions governing. All of the provisions of law relating to the filing of
assessment rolls, time and place for hearing thereon, notice of
hearing, the hearing upon the roll, the confirmation of the
assessment roll, the time when the assessments become a lien
upon the property assessed, the proceedings on appeal from
any such assessment, the method of collecting the assessment
and all proceedings for enforcing the lien thereof shall be had
and conducted the same in the case of reassessments, assessments on omitted property, or supplemental assessments as in
the case of an original assessment. [1965 c 7 § 35.44.350.
Prior: 1911 c 98 § 44; 1893 c 95 § 1; RRS § 9397.]
35.44.350
35.44.360 Assessments on omitted property—
Authority. If by reason of mistake, inadvertence, or for any
cause, property in a local improvement district or utility local
improvement district which except for its omission would
have been subject to assessment has been omitted from the
assessment roll, the city or town council, upon its own
motion, or upon the application of the owner of any property
in the district which has been assessed for the improvement,
may proceed to assess the property so omitted in accordance
with the benefits accruing to it by reason of the improvement
in proportion to the assessments levied upon other property in
the district. [1967 c 52 § 12; 1965 c 7 § 35.44.360. Prior:
1911 c 98 § 37, part; RRS § 9390, part.]
35.44.360
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.44.370 Assessments on omitted property—Resolution—Notice. In case of assessments on omitted property
the city or town council shall pass a resolution:
(1) Setting forth that the property therein described was
omitted from the assessment;
(2) Notifying all persons who may desire to object
thereto to appear at a meeting of the city or town council at a
time specified in the resolution and present their objections
thereto, and
(3) Directing the proper board, officer, or authority to
report to the council at or prior to the date fixed for the hearing the amount which should be borne by each lot, tract, or
parcel of land or other property so omitted. The resolution
shall be published in all respects as provided for publishing
the resolutions for an original assessment. [1965 c 7 §
35.44.370. Prior: 1911 c 98 § 37, part; RRS § 9390, part.]
35.44.370
35.44.380 Assessments on omitted property—Confirmation ordinance—Collection. At the conclusion of the
hearing or any adjournment thereof upon proposed assessments on omitted property the council shall consider the matter as though the property were included in the original roll
and may confirm the roll or any portion thereof by ordinance.
Thereupon the roll of omitted property shall be certified to
the treasurer for collection as other assessments. [1965 c 7 §
35.44.380. Prior: 1911 c 98 § 37, part; RRS § 9390, part.]
35.44.380
(2008 Ed.)
35.44.420
35.44.390 Supplemental assessments—When authorized. If by reason of any mistake, inadvertence, or other
cause, the amount assessed was not equal to the cost and
expense of a local improvement or that portion thereof to be
paid by assessment of the property benefited the city or town
council shall make supplemental assessments on all the property in the district. The property found to be specially benefited shall not be limited to the property included in the original assessment district.
These assessments shall be made in accordance with the
provisions of law, charter, and ordinances existing at the time
of the levy. [1965 c 7 § 35.44.390. Prior: 1911 c 98 § 42,
part; 1893 c 96 § 3, part; RRS § 9395, part.]
35.44.390
35.44.400 Supplemental assessments—Limitation of
time for. No city or town shall have jurisdiction to proceed
with any supplemental assessment unless the ordinance
ordering it is passed by the city or town council within ten
years from and after the time that it was finally determined
that the total amount of valid assessments levied and assessed
on account of a local improvement was insufficient to pay the
whole or that portion of the cost and expense thereof to be
paid by special assessment. [1965 c 7 § 35.44.400. Prior:
1911 c 98 § 45, part; RRS § 9398, part.]
35.44.400
35.44.410 Segregation of assessments. Whenever any
land against which there has been levied any special assessment by any city or town shall have been sold in part or subdivided, the legislative authority of that city or town shall
have the power to order a segregation of the assessment.
Any person desiring to have such a special assessment
against a tract of land segregated to apply to smaller parts
thereof shall apply to the city or town which levied the
assessment. If the legislative authority thereof determines
that a segregation should be made, it shall by resolution order
the city or town treasurer to make segregation on the original
assessment roll as directed in the resolution. The segregation
shall be made as nearly as possible on the same basis as the
original assessment was levied, and the total of the segregated parts of the assessment shall equal the assessment
before segregation. The resolution shall describe the original
tract, the amount and date of the original assessment, and
shall define the boundaries of the divided parts and the
amount of the assessment chargeable to each part. A certified
copy of the resolution shall be delivered to the city or town
treasurer who shall proceed to make the segregation ordered
upon being tendered a fee of ten dollars for each tract of land
for which a segregation is to be made. In addition to such
charge the legislative authority of the city or town may
require as a condition to the order of segregation that the person seeking it pay the city or town the reasonable engineering
and clerical costs incident to making the segregation. No segregation need be made if the legislative authority of the city
or town shall find that by such segregation the security of the
lien for such assessment will be so jeopardized as to reduce
the security for any outstanding local improvement district
obligations payable from such assessment. [1969 ex.s. c 258
§ 10.]
35.44.410
35.44.420 Property donations—Credit against
assessments. A city legislative authority may give credit for
35.44.420
[Title 35 RCW—page 169]
Chapter 35.45
Title 35 RCW: Cities and Towns
all or any portion of any property donation against an assessment, charge, or other required financial contribution for
transportation improvements within a local improvement district. The credit granted is available against any assessment,
charge, or other required financial contribution for any transportation purpose that uses the donated property. [1987 c 267
§ 9.]
Severability—1987 c 267: See RCW 47.14.910.
Right-of-way donations: Chapter 47.14 RCW.
Chapter 35.45
Chapter 35.45 RCW
LOCAL IMPROVEMENTS—
BONDS AND WARRANTS
Sections
35.45.010
35.45.020
35.45.030
35.45.040
35.45.050
35.45.060
35.45.065
35.45.070
35.45.080
35.45.090
35.45.130
35.45.140
35.45.150
35.45.155
35.45.160
35.45.170
35.45.180
Authority to issue bonds.
Bond issue—Due date—Interest.
Bonds—Form—Content.
Bonds—Sale of.
Call of bonds.
Interest on bonds—How payable.
Interest on bonds—Payment from general revenues—Authority—Procedure.
Nonliability of city or town.
Remedy of bondholders.
Excess to be refunded—Demand—Right of action.
Warrants against local improvement fund authorized.
Warrants acceptable in payment of assessments.
Installment notes—Interest certificates.
Installment notes—Refunding.
Consolidated local improvement districts—Authorized—Purpose.
Refunding bonds—Limitations.
Transfer from general fund to local improvement fund authorized—Ordinance.
35.45.010 Authority to issue bonds. The city or town
council may provide by ordinance for the payment of the
whole or any portion of the cost and expense of any local
improvement by bonds of the improvement district, but no
bonds shall be issued in excess of the cost and expense of the
improvement, nor shall they be issued prior to twenty days
after the thirty days allowed for the payment of assessments
without penalty or interest. [1965 c 7 § 35.45.010. Prior: (i)
1911 c 98 § 46, part; 1899 c 124 § 1; RRS § 9399, part. (ii)
1917 c 139 § 1, part; 1915 c 168 § 4, part; 1911 c 98 § 47,
part; 1899 c 124 § 2, part; RRS § 9400, part. (iii) 1911 c 98 §
50, part; RRS § 9403, part.]
35.45.010
35.45.020 Bond issue—Due date—Interest. Local
improvement bonds shall be issued pursuant to ordinance and
shall be made payable on or before a date not to exceed thirty
years from and after the date of issue, which latter date may
be fixed by ordinance or resolution of the council, and bear
interest at such rate or rates as authorized by the council. The
council may, in addition to issuing bonds callable under the
provisions of RCW 35.45.050 whenever sufficient moneys
are available, issue bonds with a fixed maturity schedule or
with a fixed maximum annual retirement schedule. [1971
ex.s. c 116 § 10; 1970 ex.s. c 56 § 35; 1969 ex.s. c 258 § 11;
1969 c 81 § 1; 1965 c 7 § 35.45.020. Prior: 1917 c 139 § 1,
part; 1915 c 168 § 4, part; 1911 c 98 § 47, part; 1899 c 124 §
2, part; RRS § 9400, part.]
35.45.020
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
[Title 35 RCW—page 170]
Rights not impaired—1969 c 81: "No phrase, clause, subdivision or
section of this 1969 amendatory act shall be construed to impair the rights of
bondholders as to any bonds issued prior to the effective date of this 1969
amendatory act." [1969 c 81 § 2.]
35.45.030
35.45.030 Bonds—Form—Content. (1) Local
improvement bonds shall be in such denominations as may
be provided in the ordinance authorizing their issue and shall
be numbered from one upwards consecutively. Each bond
shall (a) be signed by the mayor and attested by the clerk, (b)
have the seal of the city or town affixed thereto, (c) refer to
the improvement to pay for which it is issued and the ordinance ordering it, (d) provide that the principal sum therein
named and the interest thereon shall be payable out of the
local improvement fund created for the cost and expense of
the improvement and out of the local improvement guaranty
fund, unless the ordinance under which it was issued provides
that the bonds shall not be secured by the local improvement
guaranty fund; and out of a reserve fund, if one is established
for such bonds pursuant to RCW 35.51.040; or, with respect
to interest only, shall be payable out of the general revenues
of the city or town, but only if pledged to the payment of such
interest pursuant to RCW 35.45.065, and not otherwise, (e)
provide that the bond owners’ remedy in case of nonpayment
shall be confined to the enforcement of the special assessments made for the improvement and to the guaranty fund
and reserve fund, as applicable, and (f) be in any form,
including bearer bonds or registered bonds as provided in
RCW 39.46.030.
Any interest coupons may be signed by the mayor and
attested by the clerk, or in lieu thereof, may have printed
thereon a facsimile of their signatures.
(2) Notwithstanding subsection (1) of this section, but
subject to RCW 35.45.010, such bonds may be issued and
sold in accordance with chapter 39.46 RCW. [2002 c 41 § 1;
1983 c 167 § 41; 1967 ex.s. c 44 § 1; 1965 c 7 § 35.45.030.
Prior: (i) 1917 c 139 § 1, part; 1915 c 168 § 4, part; 1911 c 98
§ 47, part; 1899 c 124 § 2; RRS § 9400, part. (ii) 1927 c 209
§ 5, part; 1925 ex.s. c 183 § 5, part; 1923 c 141 § 5, part; RRS
§ 9351-5, part. (iii) 1911 c 98 § 52, part; RRS § 9405, part.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.45.040
35.45.040 Bonds—Sale of. (1) Local improvement
bonds may be issued to the contractor or sold by the officers
authorized by the ordinance directing their issue to do so, in
the manner prescribed therein at the price established by the
legislative authority of the city or town. Any portion of the
bonds of any issue remaining unsold may be issued to the
contractor constructing the improvement in payment thereof.
The proceeds of all sales of bonds shall be applied in
payment of the cost and expense of the improvement.
(2) Notwithstanding subsection (1) of this section, such
bonds may be sold in accordance with chapter 39.46 RCW.
[1983 c 167 § 42; 1981 c 323 § 2; 1965 c 7 § 35.45.040. Prior:
(i) 1911 c 98 § 46, part; 1899 c 124 § 1; RRS § 9399, part. (ii)
1911 c 98 § 48; 1899 c 124 § 3; RRS § 9401.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
(2008 Ed.)
Local Improvements—Bonds and Warrants
35.45.050 Call of bonds. Except when bonds have been
issued with a fixed maturity schedule or with a fixed maximum annual retirement schedule as authorized in RCW
35.45.020, the city or town treasurer shall call in and pay the
principal of one or more bonds of any issue (1) in their
numerical order; or (2) where bonds are issued with an estimated redemption schedule, in either numerical order or
chronological order by maturity and within each maturity by
date of estimated redemption as determined in the bond
authorizing ordinance, whenever there is sufficient money in
any local improvement fund, against which the bonds have
been issued, over and above that which is sufficient for the
payment of interest on all unpaid bonds of that issue. The call
shall be made for publication in the city or town official
newspaper in its first publication following the date of delinquency of any installment of the assessment or as soon thereafter as practicable. The call shall state that bonds No. . . . .
(giving the serial number or numbers of the bonds called) will
be paid on the day the next interest payments are due and that
interest on those bonds will cease upon that date. [2003 c 139
§ 2; 1983 c 167 § 43; 1971 ex.s. c 116 § 11; 1965 c 7 §
35.45.050. Prior: 1911 c 98 § 54, part; RRS § 9407, part.]
35.45.050
Effective date—2003 c 139: See note following RCW 35.45.180.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.45.060 Interest on bonds—How payable. The city
or town treasurer shall pay interest on the bonds issued
against local improvement funds out of the local improvement fund from which the bonds are payable. [1965 c 7 §
35.45.060. Prior: 1911 c 98 § 54, part; RRS § 9407, part.]
35.45.060
35.45.065 Interest on bonds—Payment from general
revenues—Authority—Procedure. The city or town council may provide by ordinance that all or part of the interest
upon said bonds shall be paid from the general revenues of
the city or town and may create a local improvement district
bond interest fund for this purpose. If the city or town council
determine that the city or town shall pay all interest on such
bonds from its general revenues, the interest coupons
attached to the bond shall recite that the interest thereby evidenced is payable from general revenues. If the city or town
council determines that the city or town council shall pay a
part of the interest on such bonds from its general revenues,
the interest coupons representing interest payable from the
general revenues of the city or town shall be denominated as
"B" coupons and shall recite that the interest payable thereunder is payable from the general revenues of the city or town.
[1967 ex.s. c 44 § 2.]
35.45.065
35.45.070 Nonliability of city or town. (1)(a) Neither
the holder nor owner of any bond, interest coupon, warrant,
or other short-term obligation issued against a local improvement fund shall have any claim therefor against the city or
town by which it is issued, except for payment from the special assessments made for the improvement for which the
bond or warrant was issued and except also for payment from
the local improvement guaranty fund of the city or town as to
bonds issued after the creation of a local improvement guaranty fund of that city or town. The city or town shall not be
liable to the holder or owner of any bond, interest coupon,
35.45.070
(2008 Ed.)
35.45.090
warrant, or other short-term obligation for any loss to the
local improvement guaranty fund occurring in the lawful
operation thereof.
(b) A copy of the foregoing in (a) of this subsection shall
be plainly written, printed, or engraved on each bond, interest
coupon, warrant, or other short-term obligation.
(2) Notwithstanding the provisions of subsection (1) of
this section, with respect to bonds, interest coupons, warrants, or other short-term obligations issued under an ordinance providing that the obligations are not secured by the
local improvement guaranty fund:
(a) Neither the holder nor owner of any obligation issued
against a local improvement fund shall have any claim
against the city or town by which it is issued, except for payment from the special assessments made for the improvement
for which the obligation was issued.
(b) A copy of the foregoing in (a) of this subsection shall
be plainly written, printed, or engraved on each bond, interest
coupon, warrant, or other short-term obligation. [2002 c 41 §
2; 1965 c 7 § 35.45.070. Prior: (i) 1911 c 98 § 52, part; RRS
§ 9405, part. (ii) 1927 c 209 § 5; 1925 ex.s. c 183 § 5; 1923 c
141 § 5, part; RRS § 9351-5, part.]
35.45.080 Remedy of bondholders. If a city or town
fails to pay any bonds or to promptly collect any local
improvement assessments when due, the owner of the bonds
may proceed in his own name to collect the assessment and
foreclose the lien thereof in any court of competent jurisdiction and shall recover in addition to the amount of the bond
and interest thereon, five percent, together with the cost of
suit. Any number of holders of bonds for any single improvement may join as plaintiffs and any number of owners of
property upon which the assessments are liens may be joined
as defendants in the same suit.
The owners of local improvement bonds issued by a city
or town after the creation of a local improvement guaranty
fund therein, shall also have recourse against the local
improvement guaranty fund of such city or town unless the
ordinance under which the bonds were issued provides that
the bonds are not secured by the local improvement guaranty
fund. [2002 c 41 § 3; 1965 c 7 § 35.45.080. Prior: (i) 1927 c
209 § 5, part; 1925 ex.s. c 183 § 5, part; 1923 c 141 § 5, part;
RRS § 9351-5, part. (ii) 1911 c 98 § 51; 1899 c 124 § 6; RRS
§ 9404.]
35.45.080
35.45.090 Excess to be refunded—Demand—Right
of action. Any funds in the treasury of any municipal corporation belonging to the fund of any local improvement district
after the payment of the whole cost and expense of such
improvement, in excess of the total sum required to defray all
the expenditures by such municipal corporation on account
thereof, shall be refunded, on demand, to the payers into such
fund. Each such payer shall be entitled to such proportion of
such excess as his original assessment bears to the entire original assessment levied for such improvement. Such municipal corporation may, after one year from the date on which
the last installment becomes due, transfer any balance
remaining on hand to the general fund of such municipal corporation, but shall, notwithstanding such transfer remain liable for the refund herein provided for until such refund shall
35.45.090
[Title 35 RCW—page 171]
35.45.130
Title 35 RCW: Cities and Towns
have been made, unless the actual cost involved in making
such refund shall exceed the excess in such fund.
Such demand shall be made in writing to the treasurer of
such municipal corporation. No action shall be commenced
in any court to obtain any such refund, except upon such
demand, and until ninety days after making such demand. No
excess shall be recovered in any action where the excess in
the fund does not average the sum of one dollar in favor of all
payers into such fund.
This section shall not be deemed to require the refunding
of any balance left in any local improvement fund after the
payment of all outstanding obligations issued against such
fund, where such balance accrues from any saving in interest
or from penalties collected upon delinquent assessments, but
any such balance, whether accruing heretofore or hereafter,
may be turned into the general fund or otherwise disposed of,
as the legislative authority of the city may direct.
The provisions of this chapter relating to the refund of
excess local improvement district funds shall not apply to any
district whose obligations are guaranteed by the local
improvement guaranty fund. [1965 c 7 § 35.45.090. Prior:
1917 c 140 § 1; 1909 c 108 § 1; RRS § 9351.]
35.45.130 Warrants against local improvement fund
authorized. Every city and town may provide by ordinance
for the issuance of warrants in payment of the cost and
expense of any local improvement, payable out of the local
improvement district fund. The warrants shall bear interest at
a rate or rates established by the issuing officer under the
direction of the legislative authority of the city or town and
shall be redeemed either in cash or by local improvement
bonds for the same improvement authorized by ordinance.
All warrants against any local improvement fund sold by
the city or town or issued to a contractor and by him sold or
hypothecated for a valuable consideration shall be claims and
liens against the improvement fund against which they are
drawn prior and superior to any right, lien, or claim of any
surety upon the bond or bonds given to the city or town by or
for the contractor to secure the performance of his contract or
to secure the payment of persons who have performed work
thereon, furnished materials therefor, or provisions and supplies for the carrying on of the work. [1981 c 323 § 3; 1970
ex.s. c 56 § 36; 1965 c 7 § 35.45.130. Prior: 1953 c 117 § 1;
prior: 1915 c 168 § 3; 1911 c 98 § 72; 1899 c 146 § 7; RRS
9425.]
35.45.130
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
35.45.140 Warrants acceptable in payment of assessments. Cities and towns may accept warrants drawn against
any local improvement fund upon such conditions as they
may by ordinance or resolution prescribe, in satisfaction of:
(1) Assessments levied to supply such fund, in due order
of priority of right;
(2) Judgments rendered against property owners who
have become delinquent in the payment of assessments levied to supply such fund; and
(3) In payment of certificates of purchase in cases where
property of delinquents has been sold under execution or at
tax sale for failure to pay assessments levied to supply such
fund. [1965 c 7 § 35.45.140. Prior: (i) 1899 c 97 § 1; RRS §
35.45.140
[Title 35 RCW—page 172]
9346. (ii) 1899 c 97 § 2; RRS § 9347. (iii) 1899 c 97 § 3; RRS
§ 9348. (iv) 1899 c 97 § 4; RRS § 9349. (v) 1899 c 97 § 5;
RRS § 9350.]
35.45.150 Installment notes—Interest certificates. In
addition to the issuance of bonds and warrants in payment of
the cost and expense of any local improvement, any city or
town may also issue and sell installment notes payable out of
the local improvement district fund. Such installment notes
may be issued any time after the thirty day period allowed by
law for the payment of assessments of any district without
penalty or interest, and may bear any denomination or
denominations, the aggregate of which shall represent the
balance of the cost and expense of the local improvement district which is to be borne by the property owners therein.
Application of local improvement district funds for the
reduction of the principal and interest amounts due on any
notes herein provided to finance said improvement shall be
made not less than once each year beginning with the issue
date thereof. Appropriate notification of such application of
funds shall be made by the city or town treasurer to the registered payees of said notes, except those notes owned by funds
of the issuing municipality. Such notes may be registered as
provided in RCW 39.46.030. If more than one local improvement installment note is issued for a single district, said notes
shall be numbered consecutively. All notes issued shall bear
on the face thereof: (1) The name of the payee; (2) the number of the local improvement district from whose funds the
notes are payable; (3) the date of issue of each note; (4) the
date on which the note, or the final installment thereon shall
become due; (5) the rate or rates of interest, as provided by
the city or town legislative authority, to be paid on the unpaid
balance thereof, and; (6) such manual or facsimile signatures
and attestations as are required by state statute or city charter
to appear on the warrants of each issuing municipality.
The reverse side of each installment note issued pursuant
to this section shall bear a tabular payment record which shall
indicate at prescribed installment dates, the receipt of any
local improvement district funds for the purpose of servicing
the debt evidenced by said notes. Such receipts shall first be
applied toward the interest due on the unpaid balance of the
note, and any additional moneys shall thereafter apply as a
reduction of the principal amount thereof. The tabular payment record shall, in addition to the above, show the unpaid
principal balance due on each installment note, together with
sufficient space opposite each transaction affecting said note
for the manual signature of the city’s or town’s clerk, treasurer or other properly designated receiving officer of the
municipality, or of any other registered payee presenting said
note for such installment payments.
Whenever there are insufficient funds in a local improvement district to meet any payment of installment interest due
on any note herein authorized, a noninterest-bearing
defaulted installment interest certificate shall be issued by the
city or town treasurer which shall consist of a written statement certifying the amount of such defaulted interest installment; the name of the payee of the note to whom the interest
is due and the number of the local improvement district from
whose funds the note and interest thereon is payable. Such
certificates may be registered as provided in RCW 39.46.030.
The certificate herein provided shall bear the manual signa35.45.150
(2008 Ed.)
Local Improvements—Bonds and Warrants
ture of the city or town treasurer or his authorized agent. The
defaulted installment interest certificate so issued shall be
redeemed for the face amount thereof with any available
funds in the local improvement guaranty fund.
Whenever at the date of maturity of any installment note
issued pursuant to this section, there are insufficient funds in
a local improvement district, due to delinquencies in the collection of assessments, to pay the final installment of the
principal due thereon, the note shall be redeemed with any
available funds in the local improvement guaranty fund for
the amount of said final installment.
All certificates and notes issued pursuant to this section
are to become subject to the same redemption privileges as
apply to any local improvement district bonds and warrants
now accorded the protection of the local improvement guaranty fund as provided in chapter 35.54 RCW, and whenever
the certificates or notes issued as herein provided are
redeemed by said local improvement guaranty fund, they
shall be held therein as investments thereof in the same manner as prescribed for other defaulted local improvement district obligations.
Notwithstanding any other statutory provisions, local
improvement installment notes authorized by this section
which are within the protection of the local improvement
guaranty fund law shall be considered legal investments for
any available surplus funds of the issuing municipality which
now or hereafter may be authorized to be invested in the
city’s or town’s local improvement districts’ bonds or warrants and shall be considered legal investments for all
national and state banks, savings and loan institutions, and
any and all other commercial banking or financial institutions
to the same extent that the local improvement district bonds
and any coupons issued pursuant to the provisions of this
chapter have been and are legal investments for such institutions. Any such local improvement installment notes may be
transferred or sold by said city or town upon such terms or
conditions and in such manner as the local governing body of
said city or town may determine, or may be issued to another
fund of the city or town: PROVIDED, HOWEVER, That the
same shall not be sold at less than par plus accrued interest.
Notwithstanding the provisions of this section, such
notes and certificates may be issued, and such notes may be
sold, in accordance with chapter 39.46 RCW. [1983 c 167 §
44. Prior: 1981 c 323 § 4; 1981 c 156 § 2; prior: 1970 ex.s.
c 93 § 2; 1970 ex.s. c 56 § 37; 1965 c 7 § 35.45.150; prior:
1961 c 165 § 1.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—1970 ex.s. c 93: See note following RCW 39.60.050.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Investment of public funds in notes, debentures: RCW 39.60.050.
35.45.155 Installment notes—Refunding. Any city or
town having issued one or more installment notes pursuant to
RCW 35.45.150 may refund all of such notes or the principal
thereof then outstanding payable from any one local
improvement district fund by the issuance of local improvement district bonds pursuant to chapter 35.45 RCW and by
the payment into the city or town fund or funds holding such
notes the then outstanding principal amount of such notes
35.45.155
(2008 Ed.)
35.45.170
plus the interest thereon accrued to the date of such refunding. The bonds shall be payable from the same local improvement district fund from which such notes were payable; shall
be payable no later than the final payment date of the notes
being refunded; shall be in the same total principal amount as
the outstanding principal amount of the notes being refunded
less any sums in the local improvement district fund the city
or town applies to the redemption of such notes; and shall be
sold at not less than par plus accrued interest to date of delivery. Any interest payable on the bonds in excess of the interest payable on assessment installments payable into the local
improvement district fund shall be paid from the general fund
of the city or town in accordance with RCW 35.45.065. The
principal proceeds and interest accrued to date of delivery of
the bonds shall be paid into the local improvement district
fund and the notes shall be redeemed on that date. The city or
town shall pay all costs and expenses of such refunding from
moneys available therefor. [1969 ex.s. c 258 § 12.]
35.45.160
35.45.160 Consolidated local improvement districts—Authorized—Purpose. For the purpose of issuing
bonds only, the governing body of any municipality may
authorize the establishment of consolidated local improvement districts. The local improvements within such consolidated districts need not be adjoining, vicinal or neighboring.
If the governing body orders the creation of such consolidated local improvement districts, the moneys received from
the installment payment of the principal of and interest on
assessments levied within original local assessment districts
shall be deposited in a consolidated local improvement district bond redemption fund to be used to redeem outstanding
consolidated local improvement district bonds. [1967 ex.s. c
44 § 3.]
35.45.170
35.45.170 Refunding bonds—Limitations. The legislative authority of any city or town may issue and sell bonds
to refund outstanding local improvement district or consolidated local improvement district bonds issued after June 7,
1984, on the earliest date such outstanding bonds may be
redeemed following the date of issuance of such refunding
bonds. Such refunding shall be subject to the following:
(1) The refunding shall result in a net interest cost savings after paying the costs and expenses of the refunding, and
the principal amount of the refunding bonds may not exceed
the principal balance of the assessment roll or rolls pledged to
pay the bonds being refunded at the time of the refunding.
(2) The refunding bonds shall be paid from the same
local improvement fund or bond redemption fund as the
bonds being refunded.
(3) The costs and expenses of the refunding shall be paid
from the proceeds of the refunding bonds, or the same local
improvement district fund or bond redemption fund for the
bonds being refunded, except the city or town may advance
such costs and expenses to such fund pending the receipt of
assessment payments available to reimburse such advances.
(4) The last maturity of the refunding bonds shall be no
later than one year after the last maturity of bonds being
refunded.
[Title 35 RCW—page 173]
35.45.180
Title 35 RCW: Cities and Towns
(5) The refunding bonds may be exchanged for the bonds
being refunded or may be sold in the same manner permitted
at the time of sale for local improvement district bonds.
(6) All other provisions of law applicable to the refunded
bonds shall apply to the refunding bonds. [1984 c 186 § 66.]
Purpose—1984 c 186: See note following RCW 39.46.110.
35.45.180 Transfer from general fund to local
improvement fund authorized—Ordinance. Any city or
town, when authorized by ordinance, may transfer permanently or temporarily, money from its general fund, or from
any other municipal fund as its council shall specify in that
ordinance, to its local improvement guaranty fund or any of
its local improvement funds to be used for the purposes of
these local improvement funds, including the payment of
bonds, interest coupons, warrants, or other short-term obligations. The powers granted by this section are to be exercised
at the discretion of a council when found to be in the public
interest, but money transferred by means of these powers
shall not be pledged to the payment of any local improvement
district obligations. [2003 c 139 § 1.]
35.45.180
Effective date—2003 c 139: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 7, 2003]." [2003 c 139 § 4.]
Chapter 35.47 RCW
LOCAL IMPROVEMENTS—PROCEDURE FOR
CANCELLATION OF NONGUARANTEED BONDS
Chapter 35.47
Sections
35.47.010
35.47.020
35.47.030
35.47.040
35.47.900
Distribution of moneys in local improvement funds to holders
of bonds and warrants—Notice—Time limitation—Abandonment and transfer to general fund.
Declaration of obsolescence and cancellation upon distribution of moneys, untimely presentment, or lack of money in
local improvement fund.
Cancellation procedure where no money in local improvement
fund.
Action under RCW 35.47.010 through 35.47.030 unaffected
by chapter 35.48 RCW or other law.
Severability—1965 ex.s. c 6.
35.47.010 Distribution of moneys in local improvement funds to holders of bonds and warrants—Notice—
Time limitation—Abandonment and transfer to general
fund. Any city or town having any outstanding and unpaid
local improvement bonds or warrants issued in connection
with a local improvement therein to which the local guaranty
fund law is not applicable and that have been delinquent for
more than fifteen years, by ordinance, may direct that the
money, if any, remaining in a given local improvement fund
for which no real property is held in trust shall be distributed
by the city or town on a pro rata basis, without any reference
to numerical order, to the holders of outstanding bonds or
warrants for each such fund, excluding the accrued interest
thereon. If the outstanding bonds or warrants are not presented for payment within one year after the last date of publication of notice provided for herein, the money being held
in the local improvement fund of a city or town shall be
35.47.010
[Title 35 RCW—page 174]
deemed abandoned, and shall be transferred to the city or
town general fund: PROVIDED, That the city or town shall
publish a notice once each week for two successive weeks in
the official newspaper of the city or town in which it is indicated that L.I.D. bonds for . . . . . . L.I.D. improvement Nos.
. . . . to . . . . inclusive must be presented to the city or town
for payment not later than one year from this date or the
money being held in the local improvement fund of the city
or town shall be transferred to the city or town general fund.
[1985 c 469 § 31; 1965 ex.s. c 6 § 1.]
35.47.020
35.47.020 Declaration of obsolescence and cancellation upon distribution of moneys, untimely presentment,
or lack of money in local improvement fund. After the city
or town having said bonds or warrants referred to in RCW
35.47.010 has distributed the money in a local improvement
district fund in accordance with RCW 35.47.010, or such
bonds or warrants are not presented for payment within one
year after the last date of publication of notice provided for in
RCW 35.47.010, such city or town may, by ordinance,
declare such bonds and warrants, without any reference to
numerical order, to be obsolete, cancel the same, and terminate all accounting thereon, and clear such bonds and warrants off their records including any unguaranteed bonds or
warrants outstanding against districts in which there remains
no money in the given local improvement fund. [1965 ex.s. c
6 § 2.]
35.47.030
35.47.030 Cancellation procedure where no money in
local improvement fund. If the bonds or warrants outstanding against a district are unguaranteed and if there remains no
money in the appropriate local improvement fund to pay
them, and if no real property is held in trust for the fund, the
city or town shall give notice in the same manner as provided
in RCW 35.47.010, stating that L.I.D. . . . . . . (bonds or warrants) for . . . . . . L.I.D. improvement Nos. . . . . to . . . . inclusive will be canceled as provided in RCW 35.47.020, unless
such bonds or warrants are presented to the city or town
within one year from the date of last publication of the notice,
together with good cause shown as to why such cancellation
should not take place. If such bonds or warrants are not presented, with good cause shown, within one year after the last
date of publication of such notice, they may be canceled as
provided in RCW 35.47.020. [1965 ex.s. c 6 § 3.]
35.47.040
35.47.040 Action under RCW 35.47.010 through
35.47.030 unaffected by chapter 35.48 RCW or other law.
Nothing in chapter 35.48 RCW or other existing law to the
contrary shall preclude the action authorized herein. [1965
ex.s. c 6 § 4.]
35.47.900
35.47.900 Severability—1965 ex.s. c 6. If any provision of this act, or its application to any person or circumstance is held to be invalid, the remainder of the act, or the
application of the provision to other persons or circumstances
is not affected. [1965 ex.s. c 6 § 6.]
(2008 Ed.)
Local Improvements—Nonguaranteed Bonds
Chapter 35.48
Chapter 35.48 RCW
LOCAL IMPROVEMENTS—
NONGUARANTEED BONDS
Sections
35.48.010
35.48.020
35.48.030
35.48.040
35.48.050
35.48.060
Special revolving fund for delinquent nonguaranteed bonds
and warrants—Composition.
Use of revolving fund—Maximum bond price.
Subrogation—Refund of surplus.
Refund to revolving fund.
Purchase of warrants on previous funds—Transfer of assets to
revolving fund—Disposition.
Procedure governed by ordinance.
35.48.010 Special revolving fund for delinquent nonguaranteed bonds and warrants—Composition. If any
city or town has issued bonds or warrants payable from a
local improvement or condemnation award fund, to which the
local improvement guaranty fund law is not applicable, and if
the assessment, or last installment thereof, against which the
bonds or warrants were issued has been delinquent not more
than thirty-two years, the city or town may create a special
revolving fund and may provide moneys therefor by general
tax levy, if the levy, together with other levies made or authorized by such city or town, will not exceed the levy which is
legally allowed; or such city or town may place in said fund
or advance or loan to said fund any money which it is not prohibited by law from advancing, loaning to or placing in said
fund. [1965 c 7 § 35.48.010. Prior: 1961 c 46 § 1; 1943 c 244
§ 2; Rem. Supp. 1943 § 9351-11.]
35.48.010
35.48.050
able from the revolving fund unless there is sufficient cash in
said fund available for payment of such warrants. [1983 c
167 § 45; 1965 c 7 § 35.48.020. Prior: 1961 c 46 § 2; 1943 c
244 § 3; Rem. Supp. 1943 § 9351-12.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.48.030 Subrogation—Refund of surplus. The purchase of any such bonds or warrants shall not relieve the local
improvement or condemnation award fund from which the
same are payable from liability for payment of the same, but
the city or town upon purchase thereof shall become subrogated to all the rights of the former owners thereof and may
proceed to enforcement of said bonds or warrants as any
owner thereof might do. The city or town may sell any property acquired by it in such proceedings upon such terms and
for such prices as it sees fit, or it may resell any of the bonds
or warrants for such prices as it shall fix.
Any excess in any local improvement district fund or
condemnation award fund which will average a payment of
one dollar to each payer into said fund shall, after payment,
retirement, or cancellation of all bonds or warrants payable
from said fund, be refunded and paid to the payers into the
fund in the proportion that their respective assessments bear
to the entire original assessment levied for such improvement, and any unpaid assessments, or portion thereof, shall
be reduced in the same proportion. Any proceeds derived
from the sale of any bonds or warrants, or from the sale of
real estate, shall be placed in the revolving fund. [1965 c 7 §
35.48.030. Prior: 1943 c 244 § 4; Rem. Supp. 1943 § 935113.]
35.48.030
Purpose—1943 c 244: "WHEREAS, there are many millions of dollars
of delinquent and unpaid local improvement district and condemnation
award bonds and warrants issued by various cities of the state and not protected by the Local Improvement Guaranty Fund, only a small part of which
for the present at least can be paid and many of which will never be paid
because of inability of property owners to pay the special assessments levied
to provide funds for payment thereof and the depreciated value of the real
estate which is the only security provided by present law from which payment of the assessments may be enforced; and, WHEREAS, the cities are not
legally liable under existing law for payment of such bonds and warrants
except as there are moneys available in the special fund from which the same
are payable; and, WHEREAS, such cities and its citizens as a whole have
derived benefit from the improvements installed with the proceeds or as a
result of the issuance of such bonds and warrants; and, WHEREAS, the nonpayment of such unpaid and delinquent bonds and warrants not only causes
great hardship and suffering on those who have invested money in such
bonds and warrants, but also reflects discredit on the financial structure of
the various cities involved, to the detriment of the cities as a whole and also
the entire state; NOW, THEREFORE, this law is enacted to enable cities to
provide some relief from the hardship imposed by such conditions." [1943 c
244 § 1.]
35.48.040 Refund to revolving fund. If there are funds
in any local improvement district fund or condemnation
award fund sufficient to pay or retire any bond or warrant
issued and payable from said fund, and the city or town is the
owner and holder of the bond or warrant next payable from
the fund, the city or town treasurer shall from the moneys in
the local improvement or condemnation award fund place in
the revolving fund a sum of money equivalent to the amount
paid by the city or town for such bond or warrant and shall
thereupon cancel, mark paid and remove from said revolving
fund such bond or warrant. [1965 c 7 § 35.48.040. Prior:
1943 c 244 § 5; Rem. Supp. 1943 § 9351-14.]
35.48.020 Use of revolving fund—Maximum bond
price. Any moneys in such revolving fund may be used for
the purchase of unpaid delinquent local improvement warrants, or bonds and interest payments, or bonds and interest
coupons thereon, issued by the city or town, payable from a
local improvement district fund or condemnation award fund,
to which the local improvement guaranty fund law is not
applicable, if the assessment, or last installment thereof,
against which the bonds or warrants have been issued, has
been delinquent not more than thirty-two years. The maximum purchase price to be paid for said bonds or warrants
shall be fixed by the municipality, and may from time to time
be changed but shall never exceed fifty percent of the face
value of the bonds, interest payments, interest coupons, or
warrants: PROVIDED, That no warrants shall be issued pay-
35.48.050 Purchase of warrants on previous funds—
Transfer of assets to revolving fund—Disposition. Whenever a city or town has heretofore by ordinance created a fund
for use in purchasing delinquent local improvement or condemnation award bonds or warrants not protected by the local
improvement guaranty fund law, and has purchased any such
bonds or warrants and issued warrants payable from said
fund, which warrants are unpaid because of lack of funds and
have remained unpaid for a period of less than thirty-two
years from date of issue thereof, the city or town may use any
funds available in the revolving fund to purchase said warrants at such price as it may determine, but in no event at
more than fifty percent of the face value, without interest.
Whenever all such warrants have been purchased or
paid, the city or town may transfer to the revolving fund any
35.48.020
(2008 Ed.)
35.48.040
35.48.050
[Title 35 RCW—page 175]
35.48.060
Title 35 RCW: Cities and Towns
bonds, warrants or other assets belonging to said fund first
above mentioned, and thereafter such bonds, warrants or
other assets shall be held and disposed of for the benefit of
said revolving fund in the same manner as other funds and
assets therein: PROVIDED, That nothing contained in this
chapter shall legalize any warrants heretofore issued or render any city or town liable thereunder. [1965 c 7 § 35.48.050.
Prior: 1961 c 46 § 3; 1943 c 244 § 6; Rem. Supp. 1943 §
9351-15.]
35.48.060 Procedure governed by ordinance. All
actions of a city or town respecting the purchase of bonds and
warrants or sales of bonds, warrants or assets of the revolving
fund shall be as directed by general or special ordinance.
[1965 c 7 § 35.48.060. Prior: 1943 c 244 § 7; Rem. Supp.
1943 § 9351-16.]
35.48.060
Chapter 35.49
Chapter 35.49 RCW
LOCAL IMPROVEMENTS—
COLLECTION OF ASSESSMENTS
Sections
35.49.010
35.49.020
35.49.030
35.49.040
35.49.050
35.49.060
35.49.070
35.49.080
35.49.090
35.49.100
35.49.110
35.49.130
35.49.140
35.49.150
35.49.160
35.49.170
Collection by city treasurer—Notices.
Installments—Number—Due date.
Ordinance to prescribe time of payment—Interest—Penalties.
Payment without interest or penalty.
Prepayment of installments subsequently due.
Payment by city or town.
Payment by county.
Payment by metropolitan park district.
Payment by joint owner.
Payment in error—Remedy.
Record of payment.
Tax liens—City may protect assessment lien at foreclosure
sale.
Tax liens—Payment by city after taking property on foreclosure of local assessments.
Tax title property—City may acquire from county before
resale.
Tax title property—Disposition of proceeds upon resale.
Acquisition of property by state or political subdivisions
which is subject to unpaid assessments and delinquencies.
Prepayment of taxes and assessments: RCW 35.21.650.
35.49.010 Collection by city treasurer—Notices. All
assessments for local improvements in local improvement
districts shall be collected by the city treasurer and shall be
kept in a separate fund to be known as "local improvement
fund, district No. . . . ." and shall be used for no other purpose
than the redemption of warrants drawn upon and bonds
issued against the fund to provide payment for the cost and
expense of the improvement.
All assessments for local improvements in a utility local
improvement district shall be collected by the city treasurer,
shall be paid into the appropriate revenue bond fund, and
shall be used for no other purpose than the redemption of revenue bonds issued to provide funds for the cost and expense
of the improvement.
As soon as the assessment roll has been placed in the
hands of the city or town treasurer for collection, he shall
publish a notice in the official newspaper of the city or town
once a week for two consecutive weeks, that the roll is in his
hands for collection and that all or any portion of the assessment may be paid within thirty days from the date of the first
publication of the notice without penalty, interest or costs.
35.49.010
[Title 35 RCW—page 176]
Within fifteen days of the first newspaper publication,
the city or town treasurer shall notify each owner or reputed
owner whose name appears on the assessment roll, at the
address shown on the tax rolls of the county treasurer for each
item of property described on the list, of the nature of the
assessment, of the amount of his real property subject to such
assessment, of the total amount of assessment due, and of the
time during which such assessment may be paid without penalty, interest, or costs. [1972 ex.s. c 137 § 1; 1969 ex.s. c 258
§ 13; 1967 c 52 § 13; 1965 c 7 § 35.49.010. Prior: (i) 1911 c
98 § 28; RRS § 9380. (ii) 1911 c 98 § 50, part; RRS § 9403,
part.]
Severability—1972 ex.s. c 137: "If any provision of this 1972 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1972 ex.s. c 137 § 6.]
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
Saving—1927 c 275: "All local improvement initiated or proceedings
commenced by any city or town before the taking effect of this act, relating
to the making of any local improvement, or the collection and foreclosure of
local improvement, or the collection and foreclosure of local improvement
assessments, and the sale of property therefor, shall proceed without being in
any manner affected by the passage of this act; PROVIDED, That any city or
town may at its option foreclose in the manner provided in this act the lien of
any local improvement assessment created prior to the effective date of this
act, and cause deed to issue, but as to any such property purchased by such
city or town at such foreclosure the same shall be held and sold by such city
or town under and pursuant to the provisions of law in force and effect prior
to the taking effect of this act." [1927 c 275 § 8.]
35.49.020
35.49.020 Installments—Number—Due date. In all
cases where bonds are issued to pay the cost and expense of a
local improvement, the ordinance levying the assessments
shall provide that the sum charged against any lot, tract, and
parcel of land or other property, or any portion thereof, may
be paid during the thirty day period allowed for the payment
of assessments without penalty or interest and that thereafter
the sum remaining unpaid may be paid in equal annual principal installments or in equal annual installments of principal
and interest. The number of installments shall be less by two
than the number of years which the bonds issued to pay for
the improvement are to run. The estimated interest rate may
be stated in the ordinance confirming the assessment roll.
Where payment is required in equal annual principal installments, interest on the whole amount unpaid at the rate fixed
by the ordinance authorizing the issuance and sale of the
bonds shall be due on the due date of the first installment of
principal and each year thereafter on the due date of each
installment of principal: PROVIDED, That the legislative
authority of any city or town having made a bond issue payable on or before twenty-two years after the date of issue may
provide by ordinance that all assessments and portions of
assessments unpaid after the thirty day period allowed for
payment of assessments without penalty or interest may be
paid in ten equal installments beginning with the eleventh
year and ending with the twentieth year from the expiration
of said thirty day period, together with interest on the unpaid
installments at the rate fixed by such ordinance, and that in
each year after the said thirty day period, to and including the
tenth year thereafter, one installment of interest on the principal sum of the assessment at the rate so fixed shall be paid
and collected, and that beginning with the eleventh year after
(2008 Ed.)
Local Improvements—Collection of Assessments
35.49.090
the thirty day period one installment of the principal, together
with the interest due thereon, and on all installments thereafter to become due shall be paid and collected. [1982 c 96 § 1;
1981 c 323 § 5; 1969 ex.s. c 258 § 14; 1965 c 7 § 35.49.020.
Prior: 1925 ex.s. c 117 § 1; 1915 c 168 § 5; 1911 c 98 § 49;
1899 c 124 § 4; RRS § 9402.]
ment roll, the city or town treasurer may pay such portion
thereof as may be possible from the funds available.
If deemed necessary, the city or town council may transfer money from the general fund to the redemption fund as a
loan to be repaid when the money is available for repayment.
[1967 c 52 § 14; 1965 c 7 § 35.49.060. Prior: 1929 c 183 § 2,
part; 1909 c 130 § 2; RRS § 9345, part.]
35.49.030 Ordinance to prescribe time of payment—
Interest—Penalties. Every city and town shall prescribe by
ordinance within what time assessments or installments
thereof shall be paid, and shall provide for the payment and
collection of interest thereon at a rate as shall be fixed by the
legislative body of the city or town. Assessments or installments thereof, when delinquent, in addition to such interest,
shall bear such penalty not less than five percent as shall be
by general ordinance prescribed. [1971 ex.s. c 116 § 5; 1969
ex.s. c 258 § 15; 1965 c 7 § 35.49.030. Prior: 1955 c 353 § 3;
prior: 1927 c 275 § 1, part; 1921 c 92 § 1, part; 1911 c 98 §
24, part; RRS § 9376, part.]
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.49.030
35.49.040 Payment without interest or penalty. The
owner of any lot, tract, or parcel of land or other property
charged with local improvement assessment may redeem it
from all or any portion thereof by paying to the city or town
treasurer all or any portion thereof without interest within
thirty days after the first publication by the treasurer of notice
that the assessment roll is in his hands for collection. [1965 c
7 § 35.49.040. Prior: 1911 c 98 § 50, part; RRS § 9403, part.]
35.49.040
35.49.050 Prepayment of installments subsequently
due. The owner of any lot, tract, or parcel of land or other
property charged with a local improvement assessment may
redeem it from all liability for the unpaid amount of the
assessment at any time after the thirty day period allowed for
payment of assessments without penalty or interest by paying
the entire installments of the assessment remaining unpaid to
the city or town treasurer with interest thereon to the date of
maturity of the installment next falling due. [1965 c 7 §
35.49.050. Prior: 1911 c 98 § 50, part; RRS § 9403, part.]
35.49.050
35.49.060 Payment by city or town. On or before the
fifteenth day of August of each year, the city or town treasurer shall certify to the city or town council a detailed statement showing:
(1) The proceedings authorizing and confirming any
local improvement assessments or utility local improvement
assessments affecting city or town property,
(2) The lots, tracts, or parcels of lands of the city or town
so assessed,
(3) The several assessments against each,
(4) The interest, penalties, and charges thereon,
(5) The penalties and charges which will accrue upon the
assessments to the date of payment, and
(6) The total of all such assessments, interest, penalty,
and charges.
The longest outstanding liens shall be paid first, but if the
money in the "city (or town) property assessments redemption fund" is insufficient at any time to discharge all such
liens against the lands of the city or town upon a given assess35.49.060
(2008 Ed.)
35.49.070 Payment by county. Upon the confirmation
of the assessment roll for a local improvement district or utility local improvement district, the city or town treasurer shall
certify and forward to the board of county commissioners a
statement of all the lots, tracts, or parcels of land held or
owned by the county assessed thereon, separately describing
each lot, tract, or parcel, with the amount of the assessment
charged against it.
The board of county commissioners shall cause the
amount of such local assessments to be paid to the city or
town as other claims against the county are paid.
If title to any property thus described was acquired by
the county through foreclosure of general tax liens, the
county shall:
(1) Pay the assessment from the proceeds of the sale of
the property; or
(2) Sell the property subject to the lien of the assessment.
[1967 c 52 § 15; 1965 c 7 § 35.49.070. Prior: 1929 c 139 § 1;
1905 c 29 § 3; RRS § 9342.]
35.49.070
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.49.080 Payment by metropolitan park district.
Upon the confirmation of the assessment roll for a local
improvement district or utility local improvement district, the
city treasurer shall certify and forward to the board of park
commissioners of any metropolitan park district in which the
city is located, a statement of all the lots, tracts, and parcels of
land or other property held or owned by the district, assessed
thereon, separately describing each lot, tract, or parcel with
the amount of the assessment charged against it.
The board of park commissioners shall cause the amount
of the local assessments to be paid as other claims against the
metropolitan park district are paid. [1967 c 52 § 16; 1965 c 7
§ 35.49.080. Prior: 1929 c 204 § 3; RRS § 9343-3.]
35.49.080
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.49.090 Payment by joint owner. If any assessment
for a local improvement, or an installment thereof, or judgment for either of them is paid, or a certificate of sale for
either of them is redeemed by a joint owner of any of the
property so assessed, he may, after demand and refusal,
recover from his co-owners, by an action brought in superior
court, the respective portions of the payment which each coowner should bear. He shall have a lien upon the undivided
interests of his co-owners from the date of the payment made
by him and in the action shall recover interest at ten percent
from the date of payment by him and the costs of the action in
addition to the principal sum due him. [1965 c 7 § 35.49.090.
Prior: 1911 c 98 § 62; RRS § 9415.]
35.49.090
[Title 35 RCW—page 177]
35.49.100
Title 35 RCW: Cities and Towns
35.49.100 Payment in error—Remedy. If, through
error or inadvertence, a person pays any assessment for a
local improvement or an installment thereof upon the lands of
another, he may, after demand and refusal, recover from the
owner of such lands, by an action in the superior court, the
amount so paid and the costs of the action. [1965 c 7 §
35.49.100. Prior: 1911 c 98 § 65; RRS § 9418.]
35.49.100
may be necessary, shall be paid to the city or town to discharge all local improvement assessment liens against the
property; and the surplus, if any, shall be distributed among
the proper county funds. [1965 c 7 § 35.49.160. Prior: 1929
c 143 § 1, part; 1925 ex.s. c 170 § 1, part; 1911 c 98 § 40, part;
RRS § 9393, part.]
35.49.170 Acquisition of property by state or political
subdivisions which is subject to unpaid assessments and
delinquencies. See RCW 79.44.190.
35.49.170
35.49.110 Record of payment. If the amount of any
assessment for a local improvement with interest, penalty,
costs, and charges accrued thereon is paid to the treasurer
before sale of the property in foreclosure of the lien thereon,
the city or town treasurer shall mark it paid upon the assessment roll with the date of payment thereof. [1965 c 7 §
35.49.110. Prior: 1927 c 275 § 2; 1911 c 98 § 30; RRS §
9382.]
35.49.110
35.49.130 Tax liens—City may protect assessment
lien at foreclosure sale. If any property situated in a local
improvement district or utility local improvement district created by a city or town is offered for sale for general taxes by
the county treasurer, the city or town shall have power to protect the lien or liens of any local improvement assessments
outstanding against the whole or portion of such property by
purchase at the treasurer’s foreclosure sale. [1995 c 38 § 2;
1994 c 301 § 4; 1965 c 7 § 35.49.130. Prior: (i) 1911 c 98 §
63; RRS § 9416. (ii) 1929 c 143 § 1, part; 1925 ex.s. c 170 §
1, part; 1911 c 98 § 40, part; RRS § 9393, part.]
35.49.130
Acts of municipal officers ratified and confirmed—1995 c 38: See
note following RCW 3.02.045.
35.49.140 Tax liens—Payment by city after taking
property on foreclosure of local assessments. If a city or
town has bid in any property on sale for local improvement
assessments, it may satisfy the lien of any outstanding general taxes upon the property by payment of the face of such
taxes and costs, without penalty or interest, but this shall not
apply where certificates of delinquency against the property
have been issued to private persons. [1965 c 7 § 35.49.140.
Prior: 1929 c 143 § 1, part; 1925 ex.s. c 170 § 1, part; 1911 c
98 § 40, part; RRS § 9393, part.]
35.49.140
35.49.150 Tax title property—City may acquire from
county before resale. If property is struck off to or bid in by
a county at a sale for general taxes, and is subject to local
improvement assessments in any city or town, or has been
taken over by the city or town on the foreclosure of local
improvement assessments, the city or town may acquire the
property from the county at any time before resale and
receive a deed therefor upon paying the face of such taxes
and costs, without penalty or interest. [1965 c 7 § 35.49.150.
Prior: 1929 c 143 § 1, part; 1925 ex.s. c 170 § 1, part; 1911 c
98 § 40, part; RRS § 9393, part.]
35.49.150
35.49.160 Tax title property—Disposition of proceeds upon resale. Whenever property struck off to or bid in
by a county at a sale for general taxes is subsequently sold by
the county, the proceeds of the sale shall first be applied to
discharge in full the lien or liens for general taxes for which
property was sold; the remainder, or such portion thereof as
35.49.160
[Title 35 RCW—page 178]
Chapter 35.50
Chapter 35.50 RCW
LOCAL IMPROVEMENTS—
FORECLOSURE OF ASSESSMENTS
Sections
35.50.005
35.50.010
35.50.020
35.50.030
35.50.040
35.50.050
35.50.220
35.50.225
35.50.230
35.50.240
35.50.250
35.50.260
35.50.270
Filing of title, diagram, expense—Posting proposed roll.
Assessment lien—Attachment—Priority.
Assessment lien—Validity.
Authority and conditions precedent to foreclosure.
Entire assessment, foreclosure of.
Limitation of foreclosure action.
Procedure—Commencement of action.
Procedure—Form of summons.
Procedure—Parties and property included.
Procedure—Pleadings and evidence.
Procedure—Summons and service.
Procedure—Trial and judgment—Notice of sale.
Procedure—Sale—Right of redemption.
35.50.005 Filing of title, diagram, expense—Posting
proposed roll. Within fifteen days after any city or town has
ordered a local improvement and created a local improvement district, the city or town shall cause to be filed with the
officer authorized by law to collect the assessments for such
improvement, the title of the improvement and district number and a copy of the diagram or print showing the boundaries of the district and preliminary assessment roll or
abstract of same showing thereon the lots, tracts and parcels
of land that will be specially benefited thereby and the estimated cost and expense of such improvement to be borne by
each lot, tract, or parcel of land. Such officer shall immediately post the proposed assessment roll upon his index of
local improvement assessments against the properties
affected by the local improvement. [1969 ex.s. c 258 § 16;
1965 c 7 § 35.50.005. Prior: 1955 c 353 § 1.]
35.50.005
35.50.010 Assessment lien—Attachment—Priority.
The charge assessed upon the respective lots, tracts, or parcels of land and other property in the assessment roll confirmed by ordinance of the city or town council for the purpose of paying the cost and expense in whole or in part of any
local improvement, shall be a lien upon the property assessed
from the time the assessment roll is placed in the hands of the
city or town treasurer for collection, but as between the
grantor and grantee, or vendor and vendee of any real property, when there is no express agreement as to payment of the
local improvement assessments against the real property, the
lien of such assessment shall attach thirty days after the filing
of the diagram or print and the estimated cost and expense of
such improvement to be borne by each lot, tract, or parcel of
land, as provided in RCW 35.50.005. Interest and penalty
shall be included in and shall be a part of the assessment lien.
35.50.010
(2008 Ed.)
Local Improvements—Foreclosure of Assessments
The assessment lien shall be paramount and superior to
any other lien or encumbrance theretofore or thereafter created except a lien for general taxes. [1965 c 7 § 35.50.010.
Prior: 1955 c 353 § 4; prior: (i) 1911 c 98 § 20; RRS § 9372.
(ii) 1927 c 275 § 1, part; 1921 c 92 § 1; 1911 c 98 § 24, part;
RRS § 9376, part.]
35.50.020 Assessment lien—Validity. If the city or
town council in making assessments against any property
within any local improvement district or utility local
improvement district has acted in good faith and without
fraud, the assessments shall be valid and enforceable as such
and the lien thereof upon the property assessed shall be valid.
It shall be no objection to the validity of the assessment,
or the lien thereof:
(1) That the contract for the improvement was not
awarded in the manner or at the time required by law; or
(2) That the assessment was made by an unauthorized
officer or person if the assessment roll was confirmed by the
city or town authorities; or
(3) That the assessment is based upon a front foot basis,
or upon a basis of benefits to the property within the improvement district unless it is made to appear that the city or town
authorities did not act in good faith and did not attempt to act
fairly in regard thereto or unless it is made to appear that the
city or town authorities acted fraudulently or oppressively in
making the assessment.
All local improvement assessments heretofore or hereafter made by city or town authorities in good faith are valid
and in full force and effect. [1967 c 52 § 17; 1965 c 7 §
35.50.020. Prior: 1911 c 98 § 61; RRS § 9414.]
35.50.020
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.50.030 Authority and conditions precedent to
foreclosure. If on the first day of January in any year, two
installments of any local improvement assessment are delinquent, or if the final installment thereof has been delinquent
for more than one year, the city or town shall proceed with
the foreclosure of the delinquent assessment or delinquent
installments thereof by proceedings brought in its own name
in the superior court of the county in which the city or town is
situate.
The proceedings shall be commenced on or before
March 1st of that year or on or before such other date in such
year as may be fixed by general ordinance, but not before the
city or town treasurer has notified by certified mail the persons whose names appear on the current assessment roll as
owners of the property charged with the assessments or
installments which are delinquent, at the address last known
to the treasurer, a notice thirty days before the commencement of the proceedings. If the person whose name appears
on the assessment rolls of the county assessor as owner of the
property, or whose name appears on the tax rolls of the
county treasurer as taxpayer of the property, or the address
shown for the owner, differs from that appearing on the city
or town assessment roll, then the treasurer shall also mail a
copy of the notice to that person or that address.
The notice shall state the amount due, including foreclosure costs, upon each separate lot, tract, or parcel of land and
the date after which the proceedings will be commenced. The
35.50.030
(2008 Ed.)
35.50.220
city or town treasurer shall file with the clerk of the superior
court at the time of commencement of the foreclosure proceeding the affidavit of the person who mailed the notices.
This affidavit shall be conclusive proof of compliance with
the requirements of this section. [2002 c 168 § 1; 1997 c 393
§ 1; 1983 c 303 § 18; 1982 c 91 § 1; 1981 c 323 § 6; 1965 c 7
§ 35.50.030. Prior: 1933 c 9 § 1, part; 1927 c 275 § 5, part;
1919 c 70 § 2; 1915 c 185 § 1; 1911 c 98 §§ 34, 36, part; RRS
§ 9386, part; prior: 1897 c 111.]
Severability—1983 c 303: See RCW 36.60.905.
Severability—1982 c 91: "If any provision of this amendatory act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 91 § 10.]
Construction—1933 c 9: "The provisions of this act shall be applicable
to the lien of assessments heretofore as well as hereafter levied and to foreclosure proceedings now pending." [1933 c 9 § 3.]
35.50.040 Entire assessment, foreclosure of. When
the local improvement assessment is payable in installments,
the enforcement of the lien of any installment shall not prevent the enforcement of the lien of any subsequent installment.
A city or town may by general ordinance provide that
upon failure to pay any installment due the entire assessment
shall become due and payable and the collection thereof
enforced by foreclosure: PROVIDED, That the payment of
all delinquent installments together with interest, penalty, and
administrative costs at any time before entry of judgment in
foreclosure shall extend the time of payment on the remainder of the assessments as if there had been no delinquency or
foreclosure. Where foreclosure of two installments of the
same assessment on any lot, tract, or parcel is sought, the city
or town treasurer shall cause such lot, tract, or parcel to be
dismissed from the action, if the installment first delinquent
together with interest, penalty, administrative costs, and
charges is paid at any time before sale. [1997 c 393 § 2; 1965
c 7 § 35.50.040. Prior: (i) 1933 c 9 § 1, part; 1927 c 275 § 5,
part; 1919 c 70 § 2, part; 1915 c 185 § 1; 1911 c 98 §§ 34, 36,
part; RRS § 9386, part. (ii) 1919 c 70 § 1; 1911 c 98 § 35;
RRS § 9388; prior: 1897 c 111.]
35.50.040
35.50.050 Limitation of foreclosure action. An action
to collect a local improvement assessment or any installment
thereof or to enforce the lien thereof whether brought by the
city or town, or by any person having the right to bring such
action must be commenced within ten years after the assessment becomes delinquent or within ten years after the last
installment becomes delinquent, if the assessment is payable
in installments: PROVIDED, That the time during which
payment of principal is deferred as to economically disadvantaged property owners as provided for in RCW 35.43.250
shall not be a part of the time limited for the commencement
of action. [1989 c 11 § 6; 1972 ex.s. c 137 § 5; 1965 c 7 §
35.50.050. Prior: 1911 c 98 § 41; RRS § 9394.]
35.50.050
Severability—1989 c 11: See note following RCW 9A.56.220.
Severability—1972 ex.s. c 137: See note following RCW 35.49.010.
35.50.220 Procedure—Commencement of action. In
foreclosing local improvement assessment liens, a city or
town shall proceed by filing a complaint in the superior court
35.50.220
[Title 35 RCW—page 179]
35.50.225
Title 35 RCW: Cities and Towns
of the county in which the city or town is located. It shall be
sufficient to allege in the complaint (1) the passage of the
ordinance authorizing the improvement, (2) the making of the
improvement, (3) the levying of the assessment, (4) the confirmation thereof, (5) the date of delinquency of the installment or installments of the assessment for the enforcement of
which the action is brought and (6) that they have not been
paid prior to delinquency or at all. [1982 c 91 § 2; 1965 c 7 §
35.50.220. Prior: 1933 c 9 § 2, part; RRS § 9386-1, part.]
Severability—1982 c 91: See note following RCW 35.50.030.
35.50.225 Procedure—Form of summons. In foreclosing local improvement assessments, the summons shall
be substantially in the following form:
35.50.225
SUPERIOR COURT OF WASHINGTON
FOR [ . . . . . .] COUNTY









............. ,
Plaintiff,
v.
............. ,
Defendant.
No . . . . .
SUMMONS FOR FORECLOSURE
OF LOCAL IMPROVEMENT
ASSESSMENT LIEN
To the Defendant: A lawsuit has been started against
you in the above entitled court by . . . . . ., plaintiff. Plaintiff’s
claim is stated in the written complaint, a copy of which is
served upon you with this summons. The purpose of this suit
is to foreclose on your interest in the following described
property:
[legal description]
Dated . . . . . . . . .
[signed] . . . . . . . . . . . . . . . . . . . . .
............................
Print or Type Name
( )
Plaintiff
( )
Plaintiff’s
Attorney
P.O. Address . . . . . . . . . . . . . . . . .
Telephone Number . . . . . . . . . . . .
[1982 c 91 § 6.]
Severability—1982 c 91: See note following RCW 35.50.030.
35.50.230 Procedure—Parties and property
included. In foreclosing local improvement assessment
liens, it is not necessary to bring a separate suit for each of the
lots, tracts, or parcels of land or other property or for each
separate local improvement district or utility local improvement district. All or any of the lots, tracts, or parcels of land
or other property upon which local improvement assessments
are delinquent under any and all local improvement assessment rolls in the city or town may be proceeded against in the
same action. For all lots, tracts, or parcels which contain a
residential structure with an assessed value of at least two
thousand dollars, all persons owning or claiming to own the
property shall be made defendants thereto. For all other lots,
tracts, or parcels, the persons whose names appear on the
assessment roll and property tax rolls as owners of the property charged with the assessments or taxes shall be made
defendants thereto. [1983 c 303 § 19; 1982 c 91 § 3; 1967 c
52 § 19; 1965 c 7 § 35.50.230. Prior: 1933 c 9 § 2, part; RRS
§ 9386-1, part.]
35.50.230
Severability—1983 c 303: See RCW 36.60.905.
Severability—1982 c 91: See note following RCW 35.50.030.
which is located at:
[street address]
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
In order to defend against this lawsuit, you must respond
to the complaint by stating your defense in writing, and by
serving a copy upon the person signing this summons within
20 days after the service of this summons, excluding the day
of service, or a default judgment may be entered against you
without notice. A default judgment is one where plaintiff is
entitled to what he asks for because you have not responded.
If you serve a notice of appearance on the undersigned person, you are entitled to notice before a default judgment may
be entered.
35.50.240 Procedure—Pleadings and evidence. In
foreclosing local improvement assessment liens, the assessment roll and the ordinance confirming it, or duly authenticated copies thereof shall be prima facie evidence of the regularity and legality of the proceedings connected therewith
and the burden of proof shall be on the defendants. [1982 c
91 § 4; 1965 c 7 § 35.50.240. Prior: 1933 c 9 § 2, part; RRS
§ 9386-1, part.]
IMPORTANT NOTICE
If judgment is taken against you, either by default or
after hearing by the court, your property will be sold at public
auction.
You may prevent the sale by paying the amount of the
judgment at any time prior to the sale.
If your property is sold, you may redeem the property at
any time up to two years after the date of the sale, by paying
the amount for which the property was sold, plus interest and
costs of the sale.
If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response,
if any, may be served on time.
[Title 35 RCW—page 180]
35.50.240
Severability—1982 c 91: See note following RCW 35.50.030.
35.50.250 Procedure—Summons and service. In
foreclosing local improvement assessments, if the lot, tract,
or parcel contains a residential structure with an assessed
value of at least two thousand dollars, the summons shall be
served upon the defendants in the manner required by RCW
4.28.080. For all other lots, tracts, or parcels the summons
shall be served by either personal service on the defendants or
by certified and regular mail. [1983 c 303 § 20; 1982 c 91 §
5; 1965 c 7 § 35.50.250. Prior: 1933 c 9 § 2, part; RRS §
9386-1, part.]
35.50.250
Severability—1983 c 303: See RCW 36.60.905.
Severability—1982 c 91: See note following RCW 35.50.030.
Commencement of actions: Chapter 4.28 RCW.
(2008 Ed.)
Local Improvements—Classification of Property—Reserve Funds
35.50.260 Procedure—Trial and judgment—Notice
of sale. In foreclosing local improvement assessments the
action shall be tried to the court without a jury. If the parties
interested in any particular lot, tract, or parcel default, the
court may enter judgment of foreclosure and sale as to such
parties and lots, tracts, or parcels and the action may proceed
as to the remaining defendants and lots, tracts, or parcels.
Judgment and order of sale may be entered as to any one or
more separate lots, tracts, or parcels involved in the action
and the court shall retain jurisdiction to others.
The judgment shall specify separately the amount of the
installments with interest, penalty, and all reasonable administrative costs, including, but not limited to, the title searches,
chargeable to each lot, tract, or parcel. The judgment shall
have the effect of a separate judgment as to each lot, tract, or
parcel described in the judgment, and any appeal shall not
invalidate or delay the judgment except as to the property
concerning which the appeal is taken. In the judgment the
court shall order the lots, tracts, or parcels therein described
sold by the city or town treasurer or by the county sheriff and
an order of sale shall issue pursuant thereto for the enforcement of the judgment.
In all other respects, the trial, judgment, and appeals to
the supreme court or the court of appeals shall be governed
by the statutes governing the foreclosure of mortgages on real
property.
Prior to the sale of the property, if the property is shown
on the property tax rolls under unknown owner or if the property contains a residential structure having an assessed value
of two thousand dollars or more, the treasurer shall order or
conduct a title search of the property to determine the record
title holders and all persons claiming a mortgage, deed of
trust, or mechanic’s, laborer’s, materialmen’s, or vendor’s
lien on the property.
At least thirty days prior to the sale of the property, a
copy of the notice of sale shall be mailed by certified and regular mail to all defendants in the foreclosure action as to that
parcel, lot, or tract and, if the owner is unknown or the property contains a residential structure having an assessed value
of two thousand dollars or more, a copy of the notice of sale
shall be mailed by regular and certified mail to any additional
record title holders and persons claiming a mortgage, deed of
trust, or mechanic’s, laborer’s, materialmen’s, or vendor’s
lien on the property.
In all other respects the procedure for sale shall be conducted in the same manner as property tax sales described in
RCW 84.64.080. [1997 c 393 § 3; 1983 c 303 § 21; 1982 c
91 § 7; 1971 c 81 § 93; 1965 c 7 § 35.50.260. Prior: 1933 c 9
§ 2, part; RRS § 9386-1, part.]
35.50.260
Severability—1983 c 303: See RCW 36.60.905.
Severability—1982 c 91: See note following RCW 35.50.030.
Foreclosure of real estate mortgages and personal property liens: Chapter
61.12 RCW.
Foreclosure of special assessments by water-sewer districts—Attorneys’
fees: RCW 57.16.150.
35.50.270 Procedure—Sale—Right of redemption.
In foreclosing local improvement assessments, all sales shall
be subject to the right of redemption within two years from
the date of sale. [1983 c 303 § 22; 1982 c 91 § 8; 1965 c 7 §
35.50.270. Prior: 1933 c 9 § 2, part; RRS § 9386-1, part.]
35.50.270
(2008 Ed.)
35.51.020
Severability—1983 c 303: See RCW 36.60.905.
Severability—1982 c 91: See note following RCW 35.50.030.
Chapter 35.51 RCW
LOCAL IMPROVEMENTS—CLASSIFICATION OF
PROPERTY—RESERVE FUNDS
Chapter 35.51
Sections
35.51.010
35.51.020
35.51.030
35.51.040
35.51.050
35.51.900
35.51.9001
35.51.901
Definitions.
Joint planning, construction, and operation of improvements.
Alternative or additional method of assessment—Classification of property.
Reserve fund authorized—Use.
Loan agreements—Assessments may be pledged.
Authority supplemental—1985 c 397.
Authority supplemental—1997 c 426.
Severability—1985 c 397.
35.51.010 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Local improvement district" means any local
improvement district, local utility district, or any other similar special assessment district.
(2) "Municipality" means any city, town, county, metropolitan municipal corporation, or any other municipal corporation or quasi-municipal corporation of the state of Washington authorized to order local improvements, to establish
local improvement districts, and to levy special assessments
on property specially benefited thereby to pay the expense of
the improvements.
(3) "Permissible floor area" means the maximum total
floor area, at grade and above and below grade, of a building
or other structure that may lawfully be developed on a property.
(4) "Private land use restriction" means any restriction
on the use of property imposed by agreement and enforceable
by a court of law and that the legislative authority of a municipality determines is useful in measuring special benefits to a
property from an improvement. Such restrictions include but
are not limited to easements, covenants, and equitable servitudes that are not mere personal obligations.
(5) "Public land use restriction" means any restriction on
the use of property imposed by federal, state, or local laws,
regulations, ordinances, or resolutions. Such restrictions
include but are not limited to local zoning ordinances and historic preservation statutes. [1985 c 397 § 5.]
35.51.010
35.51.020 Joint planning, construction, and operation of improvements. A municipality may contract with
any other municipality, with a public corporation, or with the
state of Washington, for the following purposes:
(1) To have the acquisition or construction of the whole
or any part of an improvement performed by another municipality, by a public corporation, or by the state of Washington;
(2) To pay, from assessments on property within a local
improvement district or from the proceeds of local improvement district bonds, notes or warrants, the whole or any part
of the expense of an improvement ordered, constructed,
acquired, or owned by another municipality or a public corporation; or
(3) To integrate the planning, financing, construction,
acquisition, management, or operation, or any combination
thereof, of the improvements of one municipality or a public
35.51.020
[Title 35 RCW—page 181]
35.51.030
Title 35 RCW: Cities and Towns
corporation with the planning, financing, construction, acquisition, management, or operation, or any combination
thereof, of the improvements of another municipality or public corporation on such terms and conditions as may be mutually agreed upon including, but not limited to, the allocation
of the costs of the improvements and the allocation of planning, financing, construction, management, operation, or
other responsibilities. [1987 c 242 § 5; 1985 c 397 § 6.]
Policy—1987 c 242: See note following RCW 35.43.005.
35.51.030 Alternative or additional method of assessment—Classification of property. (1) As an alternative or
in addition to other methods of ascertaining assessments for
local improvements, the legislative authority of a municipality may develop and apply a system of classification of properties based upon some or all of the public land use restrictions or private land use restrictions to which such property
may be put at the time the assessment roll is confirmed.
(2) The legislative authority of a municipality may classify property into office, retail, residential, public, or any
other classifications the legislative authority finds reasonable, and may levy special assessments upon different classes
of property at different rates, but in no case may a special
assessment exceed the special benefit to a particular property.
A municipality also may exempt certain classes of property
from assessment if the legislative authority of the municipality determines that properties within such classes will not
specially benefit from the improvement.
(3) For each property within a classification, the legislative authority of the municipality may determine the special
assessment after consideration of any or all of the following:
(a) Square footage of the property;
(b) Permissible floor area;
(c) Distance from or proximity of access to the local
improvement;
(d) Private land use restrictions and public land use
restrictions;
(e) Existing facilities on the property at the time the
assessment roll is confirmed; and
(f) Any other factor the legislative authority finds to be a
reasonable measure of the special benefits to the properties
being assessed.
(4) If after the assessment roll is confirmed, the legislative authority of a municipality finds that the lawful uses of
any assessed property have changed and that the property no
longer falls within its original classification, the legislative
authority may, in its discretion, reclassify and reassess such
property whether or not the bonds issued to pay any part of
such costs remain outstanding. If such reassessment reduces
the total outstanding assessments within the local improvement district, the legislative authority shall either reassess all
other properties upward in an aggregate amount equal to such
reduction, or shall pledge additional money, including money
in a reserve fund, to the payment of principal of and interest
on such bonds in an amount equal to such reduction.
(5) When the legislative authority of a municipality
determines that it will use the alternative or additional
method of assessment authorized by this section, it may
select and describe the method or methods of assessment in
the ordinance ordering a local improvement and creating a
35.51.030
[Title 35 RCW—page 182]
local improvement district if such method or methods of
assessment have been described in the notice of hearing
required under RCW 35.43.150. If the method or methods of
assessment are so selected and described in the ordinance
ordering a local improvement and creating a local improvement district, the action and decision of the legislative authority as to such method or methods of assessment shall be final
and conclusive, and no lawsuit whatsoever may be maintained challenging such method or methods of assessment
unless that lawsuit is served and filed no later than thirty days
after the date of passage of the ordinance ordering the
improvement, and creating the district or, when applicable,
no later than thirty days after the expiration of the thirty-day
protest period provided in RCW 35.43.180. [1985 c 397 § 7.]
35.51.040 Reserve fund authorized—Use. For the
purpose of securing the payment of the principal of and interest on an issue of local improvement bonds, notes, warrants,
or other short-term obligations, the legislative authority of a
municipality may create a reserve fund in an amount not
exceeding fifteen percent of the principal amount of the
bonds, notes, or warrants issued. The cost of a reserve fund
may be included in the cost and expense of any local
improvement for assessment against the property in the local
improvement district to pay the cost, or any part thereof. The
reserve fund may be provided for from the proceeds of the
bonds, notes, warrants, or other short-term obligations, from
special assessment payments, or from any other money
legally available therefor. The legislative authority of a
municipality shall provide that after payment of administrative costs a sum in proportion to the ratio between the part of
the original assessment against a given lot, tract, or parcel of
land in a local improvement district assessed to create a
reserve fund, if any, and the total original amount of such
assessment, plus a proportionate share of any interest accrued
in the reserve fund, shall be credited and applied, respectively, to any nondelinquent portion of the principal of that
assessment and any nondelinquent installment interest on that
assessment paid by a property owner, but in no event may the
principal amount of bonds outstanding exceed the principal
amount of assessments outstanding. Whether the payment is
made during the thirty-day prepayment period referred to in
RCW 35.49.010 and 35.49.020 or thereafter and whenever all
or part of a remaining nondelinquent assessment or any nondelinquent installment payment of principal and interest is
paid, the reserve fund balance shall be reduced accordingly as
each such sum is thus credited and applied to a nondelinquent
principal payment and a nondelinquent interest payment.
Each payment of a nondelinquent assessment or any nondelinquent installment payment of principal and interest shall
be reduced by the amount of the credit. The balance of a
reserve fund remaining after payment in full and retirement
of all local improvement bonds, notes, warrants, or other
short-term obligations secured by such fund shall be transferred to the municipality’s guaranty fund.
Where, before July 26, 1987, a municipality established
a reserve fund under this section that did not provide for a
credit or reimbursement of the money remaining in the
reserve fund to the owners of the lots, tracts, or parcels of
property subject to the assessments, the balance in the reserve
fund shall be distributed, after payment in full and retirement
35.51.040
(2008 Ed.)
Local Improvements—Disposition of Property Acquired
of all local improvement district bonds and other obligations
secured by the reserve fund, to those owners of the lots,
tracts, or parcels of property subject to the assessments at the
time the final installment or assessment payment on the lot,
tract, or parcel was made. No owner is eligible to receive
reimbursement for a lot, tract, or parcel if a lien on an unpaid
assessment, or an installment thereon, that was imposed on
such property remains in effect at the time the reimbursement
is made or was foreclosed on the property. The amount to be
distributed to the owners of each lot, tract, or parcel that is eligible for reimbursement shall be equal to the balance in the
reserve fund, multiplied by the assessment imposed on the
lot, tract, or parcel, divided by the total of all the assessments
on the lots, tracts, or parcels eligible for reimbursement.
[1987 c 340 § 1; 1985 c 397 § 8.]
35.51.050 Loan agreements—Assessments may be
pledged. Assessments for local improvements in a local
improvement district created by a municipality may be
pledged and applied when collected to the payment of its
obligations under a loan agreement entered into under chapter 39.69 RCW to pay costs of improvements in such a local
improvement district. [1997 c 426 § 4.]
35.51.050
35.51.900 Authority supplemental—1985 c 397. The
authority granted by sections 1 through 8 of this act is supplemental and in addition to the authority granted by Title 35
RCW and to any other authority granted to cities, towns, or
municipal corporations to levy special assessments. [1985 c
397 § 12.]
35.51.900
35.51.9001 Authority supplemental—1997 c 426.
The authority granted by RCW 35.51.050 is supplemental
and in addition to the authority granted by Title 35 RCW and
to any other authority granted to cities, towns, or municipal
corporations to levy, pledge, and apply special assessments.
[1997 c 426 § 5.]
35.51.9001
35.51.901 Severability—1985 c 397. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 397 § 13.]
35.51.901
Chapter 35.53 RCW
LOCAL IMPROVEMENTS—DISPOSITION
OF PROPERTY ACQUIRED
Chapter 35.53
Sections
35.53.010
35.53.020
35.53.030
35.53.040
35.53.050
35.53.060
35.53.070
Property to be held in trust—Taxability.
Discharge of trust.
Sale or lease of trust property.
Termination of trust in certain property.
Termination of trust in certain property—Complaint—Allegations.
Termination of trust in certain property—Property—Parties—
Summons.
Termination of trust in certain property—Receivership—Regulations.
35.53.010 Property to be held in trust—Taxability.
Property bid in by the city or town or struck off to it pursuant
35.53.010
(2008 Ed.)
35.53.050
to proceedings for the foreclosure of local improvement
assessment liens shall be held in trust by the city or town for
the fund of the improvement district or the revenue bond fund
into which assessments in utility local improvement districts
are pledged to be paid for the benefit of which the property
was sold. Any property so held in trust shall be exempt from
taxation for general state, county and municipal purposes
during the period that it is so held. [1967 c 52 § 20; 1965 c 7
§ 35.53.010. Prior: 1933 c 107 § 1, part; 1927 c 275 § 3, part;
1911 c 98 § 31, part; RRS § 9383, part.]
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.53.020 Discharge of trust. The city or town may
relieve itself of its trust relation to a local improvement district fund or revenue bond fund into which utility local
improvement assessments are pledged to be paid as to any
lot, tract, or parcel of property by paying into the fund the
amount of the delinquent assessment for which the property
was sold and all accrued interest, together with interest to the
time of the next call of bonds or warrants against such fund at
the rate provided thereon. Upon such payment the city or
town shall hold the property discharged of the trust. [1967 c
52 § 21; 1965 c 7 § 35.53.020. Prior: 1933 c 107 § 1, part;
1927 c 275 § 3, part; 1911 c 98 § 31, part; RRS § 9383, part.]
35.53.020
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.53.030 Sale or lease of trust property. A city or
town may lease or sell and convey any such property held in
trust by it, by virtue of the conveyance thereof to it by a local
improvement assessment deed. The sale may be public or private and for such price and upon such terms as may be determined by resolution of the council, any provisions of law,
charter, or ordinance to the contrary notwithstanding. After
first reimbursing any funds which may have advanced moneys on account of any lot, tract, or parcel, all proceeds resulting from lease or sale thereof shall ratably belong and be paid
into the funds of the local improvement concerned. [1965 c 7
§ 35.53.030. Prior: 1927 c 275 § 4; 1911 c 98 § 32; RRS §
9384.]
35.53.030
35.53.040 Termination of trust in certain property.
A city or town which has heretofore acquired or hereafter
acquires any property through foreclosure of delinquent
assessments for local improvements initiated or proceedings
commenced before June 8, 1927, may terminate its trust
therein by an action in the superior court, if all the bonds and
warrants outstanding in the local improvement district in
which the assessments were levied are delinquent. [1965 c 7
§ 35.53.040. Prior: 1929 c 142 § 1, part; RRS § 9384-1, part.]
35.53.040
35.53.050 Termination of trust in certain property—
Complaint—Allegations. The complaint in any such action
by a city or town to terminate its trust in property acquired at
a local improvement assessment sale shall set forth:
(1) The number of the local improvement district or utility local improvement district,
(2) The bonds and warrants owing thereby,
(3) The owners thereof or that the owners are unknown,
35.53.050
[Title 35 RCW—page 183]
35.53.060
Title 35 RCW: Cities and Towns
(4) A description of the assets of the district with the estimated value thereof,
(5) The amount of the assessments, including penalty
and interest, of any other local improvement districts or utility local improvement districts which are a lien upon the
same property,
(6) The amount of the bonds and warrants owing by such
other districts and the names of the owners thereof unless
they are unknown, except where the bonds and warrants are
guaranteed by a local improvement guaranty fund or pursuant
to any other form of guaranty authorized by law. [1967 c 52
§ 22; 1965 c 7 § 35.53.050. Prior: 1929 c 142 § 1, part; RRS
§ 9384-1, part.]
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.53.060
35.53.060 Termination of trust in certain property—
Property—Parties—Summons. Two or more delinquent
districts and all property, bonds and warrants therein may be
included in one action to terminate the trust.
All persons owning any bonds or warrants of the districts
involved in the action or having an interest therein shall be
made parties defendant except in cases where the bonds or
warrants are guaranteed by a local improvement guaranty
fund or pursuant to any other form of guaranty authorized by
law.
Summons shall be served as in other actions. Unknown
owners and unknown parties shall be served by publication.
[1965 c 7 § 35.53.060. Prior: 1929 c 142 § 1, part; RRS §
9384-1, part.]
Commencement of actions: Chapter 4.28 RCW.
35.53.070
35.53.070 Termination of trust in certain property—
Receivership—Regulations. In such an action the court
after acquiring jurisdiction shall proceed as in the case of a
receivership except that the city or town shall serve as trustee
in lieu of a receiver.
The assets of the improvement districts involved shall be
sold at such prices and in such manner as the court may deem
advisable and be applied to the costs and expenses of the
action and the liquidation of the bonds and warrants of the
districts or revenue bonds to which utility local improvement
assessments are pledged to pay.
No notice to present claims other than the summons in
the action shall be necessary. Any claim presented shall be
accompanied by the bonds and warrants upon which it is
based. Dividends upon any bonds or warrants for which no
claim was filed shall be paid into the general fund of the city
or town, but the owner thereof may obtain it at any time
within five years thereafter upon surrender and cancellation
of his bonds and warrants.
Upon the termination of the receivership the city or town
shall be discharged from all trusts relating to the property,
funds, bonds, and warrants involved in the action. [1967 c 52
§ 23; 1965 c 7 § 35.53.070. Prior: 1929 c 142 § 1, part; RRS
§ 9384-1, part.]
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
[Title 35 RCW—page 184]
Chapter 35.54 RCW
LOCAL IMPROVEMENTS—GUARANTY FUNDS
Chapter 35.54
Sections
35.54.010
35.54.020
35.54.030
35.54.040
35.54.050
35.54.060
35.54.070
35.54.080
35.54.090
35.54.095
35.54.100
Establishment.
Rules and regulations.
Source—Interest and earnings.
Source—Subrogation rights to assessments.
Source—Surplus from improvement funds.
Source—Taxation.
Use of fund—Purchase of bonds, coupons and warrants.
Use of fund—Purchase of general tax certificates or property
on or after foreclosure—Disposition.
Warrants against fund.
Transfer of assets to general fund—When authorized—Payment of claims as general obligation, when.
Deferral of collection of assessments for economically disadvantaged persons—Payment from guaranty fund—Lien—
Payment dates for deferred obligations.
35.54.010 Establishment. (1) There is established in
every city and town a fund to be designated the "local
improvement guaranty fund" for the purpose of guaranteeing,
to the extent of the fund, the payment of its local improvement bonds and warrants or other short-term obligations
issued to pay for any local improvement ordered in the city or
town or in any area wholly or partly outside its corporate
boundaries: (a) In any city of the first class having a population of more than three hundred thousand, subsequent to June
8, 1927; (b) in any city or town having created and maintained a guaranty fund under chapter 141, Laws of 1923, subsequent to the date of establishment of such fund; and (c) in
any other city or town subsequent to April 7, 1926: PROVIDED, That this shall not apply to any city of the first class
which maintains a local improvement guaranty fund under
chapter 138, Laws of 1917, but any such city maintaining a
guaranty fund under chapter 138, Laws of 1917 may by ordinance elect to operate under the provisions of this chapter and
may transfer to the guaranty fund created hereunder all the
assets of the former fund and, upon such election and transfer, all bonds guaranteed under the former fund shall be guaranteed under the provisions of this chapter.
(2) The local improvement guaranty fund established
under subsection (1) of this section shall not be subject to any
claim by the owner or holder of any local improvement bond,
warrant, or other short-term obligation issued under an ordinance that provides that such obligations shall not be secured
by the local improvement guaranty fund. [2002 c 41 § 4;
1971 ex.s. c 116 § 7; 1965 c 7 § 35.54.010. Prior: (i) 1917 c
138 § 1; RRS § 8986. (ii) 1917 c 138 § 2; RRS § 8987. (iii)
1917 c 138 § 3; RRS § 8988. (iv) 1917 c 138 § 4; RRS §
8989. (v) 1917 c 138 § 5; RRS § 8990. (vi) 1917 c 138 § 6;
RRS § 8991. (vii) 1927 c 209 § 1; 1925 ex.s. c 183 § 1; 1923
c 141 § 1; RRS § 9351-1. (viii) 1927 c 209 § 2, part; 1925
ex.s. c 183 § 2, part; 1923 c 141 § 2, part; RRS § 9351-2,
part.]
35.54.010
35.54.020 Rules and regulations. Every city and town
operating under the provisions of this chapter shall prescribe
by ordinance appropriate rules and regulations for the maintenance and operation of the guaranty fund not inconsistent
with the provisions of this chapter. [1965 c 7 § 35.54.020.
Prior: 1933 c 109 § 1, part; 1927 c 209 § 3, part; 1925 ex.s. c
183 § 3, part; 1923 c 141 § 3, part; RRS § 9351-3, part.]
35.54.020
(2008 Ed.)
Local Improvements—Guaranty Funds
35.54.030
35.54.030 Source—Interest and earnings. Interest
and earnings from the local improvement guaranty fund shall
be paid into the fund. [1965 c 7 § 35.54.030. Prior: 1933 c
109 § 1, part; 1927 c 209 § 3, part; 1925 ex.s. c 183 § 3, part;
1923 c 141 § 3, part; RRS § 9351-3, part.]
35.54.040
35.54.040 Source—Subrogation rights to assessments. Whenever any sum is paid out of the local improvement guaranty fund on account of principal or interest of a
local improvement bond or warrant, the city or town as
trustee of the fund shall be subrogated to all the rights of the
holder of the bond or interest coupon or warrant so paid, and
the proceeds thereof, or of the underlying assessment, shall
become part of the guaranty fund. [1965 c 7 § 35.54.040.
Prior: 1933 c 109 § 1, part; 1927 c 209 § 3, part; 1925 ex.s. c
183 § 3, part; 1923 c 141 § 3, part; RRS § 9351-3, part.]
35.54.050
35.54.050 Source—Surplus from improvement
funds. If in any local improvement fund guaranteed by a
local improvement guaranty fund there is a surplus remaining
after the payment of all outstanding bonds and warrants payable therefrom, it shall be paid into the local improvement
guaranty fund. [1965 c 7 § 35.54.050. Prior: 1933 c 109 § 1,
part; 1927 c 209 § 3, part; 1925 ex.s. c 183 § 3, part; 1923 c
141 § 3, part; RRS § 9351-3, part.]
35.54.060
35.54.060 Source—Taxation. For the purpose of
maintaining the local improvement guaranty fund, every city
and town shall, at the time of making its annual budget and
tax levy, provide for the levy of a sum sufficient, with the
other sources of the fund, to pay the warrants issued against
the fund during the preceding fiscal year and to establish a
balance therein: PROVIDED, That the levy in any one year
shall not exceed the greater of: (1) Twelve percent of the outstanding obligations guaranteed by the fund, or (2) the total
amount of delinquent assessments and interest accumulated
on the delinquent assessments before the levy as of September 1.
The taxes levied for the maintenance of the local
improvement guaranty fund shall be additional to and, if need
be, in excess of all statutory and charter limitations applicable
to tax levies in any city or town. [1981 c 323 § 7; 1965 c 7 §
35.54.060. Prior: (i) 1933 c 109 § 1, part; 1927 c 209 § 3,
part; 1925 ex.s. c 183 § 3, part; 1923 c 141 § 3, part; RRS §
9351-3, part. (ii) 1927 c 209 § 2, part; 1925 ex.s. c 183 § 2,
part; 1923 c 141 § 2, part; RRS § 9351-2, part.]
Special assessments or taxation for local improvements: State Constitution
Art. 7 § 9.
35.54.070
35.54.070 Use of fund—Purchase of bonds, coupons
and warrants. Defaulted bonds, interest coupons and warrants against local improvement funds shall be purchased out
of the guaranty fund, and as between the several issues of
bonds, coupons, or warrants no preference shall exist, but
they shall be purchased in the order of their presentation.
[1965 c 7 § 35.54.070. Prior: 1933 c 109 § 1, part; 1927 c 209
§ 3, part; 1925 ex.s. c 183 § 3, part; 1923 c 141 § 3, part; RRS
§ 9351-3, part.]
(2008 Ed.)
35.54.095
35.54.080
35.54.080 Use of fund—Purchase of general tax certificates or property on or after foreclosure—Disposition.
For the purpose of protecting the guaranty fund, so much of
the guaranty fund as is necessary may be used to purchase
certificates of delinquency for general taxes on property subject to local improvement assessments which underlie the
bonds, coupons, or warrants guaranteed by the fund, or to
purchase such property at county tax foreclosures, or from
the county after foreclosure.
The city or town, as trustee of the fund, may foreclose
the lien of general tax certificates of delinquency and purchase the property at foreclosure sale; when doing so the
court costs, costs of publication, expense for clerical work
and other expenses incidental thereto shall be charged to and
paid from the local improvement guaranty fund.
After acquiring title to property by purchase at general
tax foreclosure sale or from the county after foreclosure, a
city or town may lease it or sell it at public or private sale at
such price on such terms as may be determined by resolution
of the council. All proceeds shall belong to and be paid into
the local improvement guaranty fund. [1965 c 7 § 35.54.080.
Prior: 1933 c 109 § 1, part; 1927 c 209 § 3, part; 1925 ex.s. c
183 § 3, part; 1923 c 141 § 3, part; RRS § 9351-3, part.]
35.54.090
35.54.090 Warrants against fund. Warrants drawing
interest at a rate established by the issuing officer under the
direction of the legislative authority of the city or town shall
be issued against the local improvement guaranty fund to
meet any liability accruing against it. The warrants so issued
shall at no time exceed five percent of the outstanding obligations guaranteed by the fund. [1981 c 323 § 8; 1965 c 7 §
35.54.090. Prior: 1933 c 109 § 1, part; 1927 c 209 § 3, part;
1925 ex.s. c 183 § 3, part; 1923 c 141 § 3, part; RRS § 93513, part.]
35.54.095
35.54.095 Transfer of assets to general fund—When
authorized—Payment of claims as general obligation,
when. (1) Any city or town maintaining a local improvement
guaranty fund under this chapter, upon certification by the
city or town treasurer that the local improvement guaranty
fund has sufficient funds currently on hand to meet all valid
outstanding obligations of the fund and all other obligations
of the fund reasonably expected to be incurred in the near
future, may by ordinance transfer assets from such fund to its
general fund. The net cash of the local improvement guaranty
fund may be reduced by such transfer to an amount not less
than ten percent of the net outstanding obligations guaranteed
by such fund.
(2) If, at any time within five years of any transfer of
assets from the local improvement guaranty fund to the general fund of a city or town, the net cash of the local improvement guaranty fund is reduced below the minimum amount
specified in subsection (1) of this section, the city or town
shall, to the extent of the amount transferred, pay valid claims
against the local improvement guaranty fund as a general
obligation of the city or town. In addition, such city or town
shall pay all reasonable costs of collection necessarily
incurred by the holders of valid claims against the local
improvement guaranty fund. [1979 c 55 § 1.]
[Title 35 RCW—page 185]
35.54.100
Title 35 RCW: Cities and Towns
35.54.100 Deferral of collection of assessments for
economically disadvantaged persons—Payment from
guaranty fund—Lien—Payment dates for deferred obligations. Whenever payment of a local improvement district
assessment is deferred pursuant to the provisions of RCW
35.43.250 the amount of the deferred assessment shall be
paid out of the local improvement guaranty fund. The local
improvement guaranty fund shall have a lien on the benefited
property in an amount equal to the deferral together with
interest as provided for by the establishing ordinance.
The lien may accumulate up to an amount not to exceed
the sum of two installments: PROVIDED, That the ordinance creating the local improvement district may provide
for one or additional deferrals of up to two installments.
Local improvement assessment obligations deferred under
chapter 137, Laws of 1972 ex. sess. shall become payable
upon the earliest of the following dates:
(1) Upon the date and pursuant to conditions established
by the political subdivision granting the deferral; or
(2) Upon the sale of property which has a deferred
assessment lien upon it from the purchase price; or
(3) Upon the death of the person to whom the deferral
was granted from the value of his estate; except a surviving
spouse shall be allowed to continue the deferral which shall
then be payable by that spouse as provided in this section.
[1972 ex.s. c 137 § 3.]
35.54.100
Severability—1972 ex.s. c 137: See note following RCW 35.49.010.
Chapter 35.55 RCW
LOCAL IMPROVEMENTS—FILLING LOWLANDS
Chapter 35.55
Sections
35.55.010
35.55.020
35.55.030
35.55.040
35.55.050
35.55.060
35.55.070
35.55.080
35.55.090
35.55.100
35.55.110
35.55.120
35.55.130
35.55.140
35.55.150
35.55.160
35.55.170
35.55.180
35.55.190
Authority—Second-class cities.
Alternative methods of financing.
Boundaries—Excepted property.
Damages—Eminent domain.
Estimates—Plans and specifications.
Assessment roll—Items—Assessment units—Installments.
Hearing on assessment roll—Notice—Council’s authority.
Hearings—Appellate review.
Lien—Collection of assessments.
Interest on assessments.
Payment of cost of improvement—Interest on warrants.
Local improvement bonds—Terms.
Local improvement bonds—Guaranties.
Local improvement bonds and warrants—Sale to pay damages, preliminary financing.
Local improvement fund—Investment.
Letting contract for improvement—Excess or deficiency of
fund.
Payment of contractor—Bonds, warrants, cash.
Reassessments.
Provisions of chapter not exclusive.
Assessments and charges against state lands: Chapter 79.44 RCW.
35.55.010 Authority—Second-class cities. If the city
council of any city of the second class deems it necessary or
expedient on account of the public health, sanitation, the general welfare, or other cause, to fill or raise the grade of any
marshlands, swamplands, tidelands, shorelands, or lands
commonly known as tideflats, or any other lowlands situated
within the limits of the city, and to clear and prepare the lands
for such filling, it may do so and assess the expense thereof,
including the cost of making compensation for property taken
or damaged, and all other costs and expense incidental to
such improvement, to the property benefited, except such
35.55.010
[Title 35 RCW—page 186]
amount of such expense as the city council may direct to be
paid out of the current or general expense fund.
If, in the judgment of the city council the special benefits
for any such improvement shall extend beyond the boundaries of the filled area, the council may create an enlarged district which shall include, as near as may be, all the property,
whether actually filled or not, which will be specially benefited by such improvement, and in such case the council shall
specify and describe the boundaries of such enlarged district
in the ordinance providing for such improvement and shall
specify that such portion of the total cost and expense of such
improvement as may not be borne by the current or general
expense fund, shall be distributed and assessed against all the
property of such enlarged district. [1994 c 81 § 57; 1965 c 7
§ 35.55.010. Prior: 1917 c 63 § 1; 1909 c 147 § 1; RRS §
9432.]
35.55.020 Alternative methods of financing. If the
city council desires to make any improvement authorized by
the provisions of this chapter it shall provide therefor by ordinance and unless the ordinance provides that the improvement shall be paid for wholly or in part by special assessments upon the property benefited, compensation therefor
shall be made from any general funds of the city applicable
thereto. If the ordinance provides that the improvement shall
be paid for wholly or in part by special assessments upon
property benefited, the proceedings for the making of the special assessments shall be as hereinafter provided. [1965 c 7 §
35.55.020. Prior: 1909 c 147 § 2, part; RRS § 9433, part.]
35.55.020
Special assessments or taxation for local improvements: State Constitution
Art. 7 § 9.
35.55.030 Boundaries—Excepted property. Such
ordinance shall specify the boundaries of the proposed
improvement district and shall describe the lands which it is
proposed to assess for said improvement. If any parcel of
land within the boundaries of such proposed improvement
district has been wholly filled to the proposed grade elevation
of the proposed fill, such parcel of land may be excluded
from the lists of lands to be assessed, when in the opinion of
the city council justice and equity require its exclusion. The
boundaries of any improvement district may be altered so as
to exclude land therefrom at any time up to the levying of the
assessment but such changing of the boundaries shall be by
ordinance. [1965 c 7 § 35.55.030. Prior: 1909 c 147 § 2, part;
RRS § 9433, part.]
35.55.030
35.55.040 Damages—Eminent domain. If an ordinance has been passed as in this chapter provided, and it
appears that in making of the improvement so authorized, private property will be taken or damaged thereby, the city shall
file a petition in the superior court of the county in which
such city is situated, in the name of the city, praying that just
compensation to be made for the property to be taken or damaged for the improvement specified in the ordinance be ascertained, and conduct proceedings in eminent domain in accordance with the statutes relating to cities for the ascertainment
of the compensation to be made for the taking and damaging
of property, except insofar as the same may be inconsistent
with this chapter.
35.55.040
(2008 Ed.)
Local Improvements—Filling Lowlands
The filling of unimproved and uncultivated lowlands of
the character mentioned in RCW 35.55.010 shall not be considered as damaging or taking of such lands. The damage if
any, done to cultivated lands or growing crops thereon, or to
buildings and other improvements situated within the district
proposed to be filled, shall be ascertained and determined in
the manner above provided; but no damage shall be awarded
to any property owner for buildings or improvements placed
upon lands included within said district after the publication
of the ordinance defining the boundaries of the proposed
improvement district: PROVIDED, That the city shall after
the passage of such ordinance, proceed with said improvement with due diligence. If the improvement is to be made at
the expense of the property benefited, no account shall be
taken of benefits by the jury or court in assessing the amount
of compensation to be made to the owner of any property
within such district, but such compensation shall be assessed
without regard to benefits to the end that said property for
which damages may be so awarded, may be assessed the
same as other property within the district for its just share and
proportion of the expense of making said improvement, and
the fact that compensation has been awarded for the damaging or taking of any parcel of land shall not preclude the
assessment of such parcel of land for its just proportion of
said improvement. [1965 c 7 § 35.55.040. Prior: 1909 c 147
§ 3; RRS § 9434.]
Eminent domain by cities: Chapter 8.12 RCW.
35.55.050 Estimates—Plans and specifications. At
the time of the initiation of the proceedings for any improvement as contemplated by this chapter, or at any time afterward, the city council shall cause plans and specifications for
said improvement to be prepared and shall cause an estimate
to be made of the cost and expense of making said improvement, including the cost of supervision and engineering,
abstractor’s fees, interest and discounts and all other
expenses incidental to said improvement, including an estimate of the amount of damages for property taken or damaged, which plans, specifications and estimates shall be
approved by the city council. [1965 c 7 § 35.55.050. Prior:
1909 c 147 § 4; RRS § 9435.]
35.55.050
35.55.060 Assessment roll—Items—Assessment
units—Installments. When such plans and specifications
have been prepared and the estimates of the cost and expense
of making the improvement have been adopted by the council
and when an estimate has been made of the compensation to
be paid for property damaged or taken, either before or after
the compensation has been ascertained in the eminent domain
proceedings, the city council shall cause an assessment roll to
be prepared containing a list of all of the property within the
improvement district which it is proposed to assess for the
improvement, together with the names of the owners, if
known, and if unknown the property shall be assessed to an
unknown owner, and opposite each description shall be set
the amount assessed to such description.
When so ordered by the council, the entire amount of
compensation paid or to be paid for property damaged or
taken, including all of the costs and expenses incidental to the
condemnation proceedings together with the entire cost and
35.55.080
expense of making the improvement, may be assessed against
the property within the district subject to assessment, but the
council may order any portion of the costs paid out of the current or general expense fund of the city.
The assessments shall be made according to and in proportion to surface area one square foot of surface to be the
unit of assessment, except that the several parcels of land in
any enlarged district not actually filled shall be assessed in
accordance with special benefits: PROVIDED, That where
any parcel of land was partially filled by the owner prior to
the initiation of the improvement, an equitable deduction for
such partial filling may be allowed.
The cost and expense incidental to the filling of the
streets, alleys and public places within such assessment district shall be borne by the private property within such district
subject to assessment when so ordered by the council. When
the assessments are payable in installments, the assessment
roll when equalized, shall show the number of installments
and the amounts thereof. The assessments may be made payable in any number of equal annual installments not exceeding ten in number. [1965 c 7 § 35.55.060. Prior: 1917 c 63 §
2; 1909 c 147 § 5; RRS § 9436.]
35.55.070 Hearing on assessment roll—Notice—
Council’s authority. When such assessment roll has been
prepared it shall be filed in the office of the city clerk and
thereupon the city clerk shall give notice by publication in at
least three issues of the official paper that such roll is on file
in his office and that at a date mentioned in said notice, which
shall be at least twenty days after the date of the first publication thereof, the city council will sit as a board of equalization
to equalize said roll and to hear, consider and determine protests and objections against the same.
At the time specified in the notice, the city council shall
sit as a board of equalization to equalize the roll and they may
adjourn the sitting from time to time until the equalization of
such roll is completed. The city council as board of equalization may hear, consider and determine objections and protests
against any assessment and may make such alterations and
modifications in the assessment roll as justice and equity may
require. [1965 c 7 § 35.55.070. Prior: 1909 c 147 § 6; RRS
§ 9437.]
35.55.070
35.55.060
(2008 Ed.)
35.55.080 Hearings—Appellate review. Any person
who has made objections to the assessment as equalized,
shall have the right to appeal from the equalization as made
by the city council to the superior court of the county. The
appeal shall be made by filing a written notice of appeal with
the city clerk within ten days after the equalization of the
assessments by the council. The notice of appeal shall
describe the property and the objections of such appellant to
such assessment.
The appellant shall also file with the clerk of the superior
court within ten days from the time of taking the appeal a
copy of the notice of appeal together with a copy of the
assessment roll and proceedings thereon, certified by the city
clerk and a bond to the city conditioned to pay all costs that
may be awarded against appellant in such sum not less than
two hundred dollars and with such security as shall be
approved by the clerk of the court.
35.55.080
[Title 35 RCW—page 187]
35.55.090
Title 35 RCW: Cities and Towns
The case shall be docketed by the clerk of the court in the
name of the person taking the appeal as plaintiff and the city
as defendant. The cause shall then be at issue and shall be
tried immediately by the court as in the case of equitable
causes; no further pleadings shall be necessary. The judgment
of the court shall be either to confirm, modify or annul the
assessment insofar as the same affects the property of the
appellant. Appellate review of the superior court’s decision
may be sought as in other causes. [1988 c 202 § 38; 1971 c
81 § 94; 1965 c 7 § 35.55.080. Prior: 1909 c 147 § 7; RRS §
9438.]
Severability—1988 c 202: See note following RCW 2.24.050.
35.55.090
35.55.090 Lien—Collection of assessments. From and
after the equalization of the roll, the several assessments
therein shall become a lien upon the real estate described
therein and shall remain a lien until paid. The assessment lien
shall take precedence of all other liens against such property,
except the lien of general taxes. The assessments shall be collected by the same officers and enforced in the same manner
as provided by law for the collection and enforcement of
local assessments for street improvements. All of the provisions of laws and ordinances relative to the enforcement and
collection of local assessments for street improvements shall
be applicable to these assessments. [1965 c 7 § 35.55.090.
Prior: 1909 c 147 § 8; RRS § 9439.]
Assessments for local improvements, collection and foreclosure: Chapters
35.49, 35.50 RCW.
35.55.100
35.55.100 Interest on assessments. The local assessments shall bear interest at such rate as may be fixed by the
council after the expiration of thirty days after the equalization of the assessment roll and shall bear such interest after
delinquency as may be provided by general ordinance of the
city. [1981 c 156 § 3; 1965 c 7 § 35.55.100. Prior: 1909 c
147 § 12, part; RRS § 9443, part.]
35.55.110
35.55.110 Payment of cost of improvement—Interest
on warrants. If the improvement contemplated by this chapter is ordered to be made upon the immediate payment plan,
the city council shall provide for the payment thereof by the
issuance of local improvement fund warrants against the
local improvement district, which warrants shall be paid only
out of the funds derived from the local assessments in the district and shall bear interest at a rate determined by the city
council from date of issuance. If the improvement is ordered
to be made upon the bond installment plan, the city council
shall provide for the issuance of bonds against the improvement district. [1981 c 156 § 4; 1965 c 7 § 35.55.110. Prior:
(i) 1909 c 147 § 12, part; RRS § 9443, part. (ii) 1909 c 147 §
9; RRS § 9440.]
35.55.120
35.55.120 Local improvement bonds—Terms. The
city council shall have full authority to provide for the issuance of bonds against the improvement district fund in such
denominations as the city council may provide which shall
bear such rate of interest as the city council may fix. Interest
shall be paid annually and the bonds shall become due and
payable at such time, not exceeding ten years from the date
[Title 35 RCW—page 188]
thereof, as may be fixed by the council and shall be payable
out of the local assessment district fund.
If so ordered by the council, the bonds may be issued in
such a way that different numbers of the bonds may become
due and payable at different intervals of time, or they may be
so issued that all of the bonds against said district mature
together. [1981 c 156 § 5; 1965 c 7 § 35.55.120. Prior: 1909
c 147 § 10, part; RRS § 9441, part.]
35.55.130
35.55.130 Local improvement bonds—Guaranties.
The city may guarantee the payment of the whole or any part
of the bonds issued against a local improvement district, but
the guaranties on the part of the city, other than a city operating under the council-manager form or the commission form,
shall be made only by ordinance passed by the vote of not less
than nine councilmembers and the approval of the mayor in
noncharter code cities that retained the old second-class city
plan of government with twelve council positions, and six
councilmembers and approval of the mayor in cities of the
second class. In a city under the council-manager form of
government, such guaranties shall be made only in an ordinance passed by a vote of three out of five or five out of seven
councilmembers, as the case may be, and approval of the
mayor. In a city under the commission form of government,
such guaranties shall be made only in an ordinance passed by
a vote of two out of three of the commissioners. The mayor’s
approval shall not be necessary in commission form cities.
[1994 c 81 § 58; 1965 c 7 § 35.55.130. Prior: 1909 c 147 §
10, part; RRS § 9441, part.]
35.55.140
35.55.140 Local improvement bonds and warrants—
Sale to pay damages, preliminary financing. The city
council may negotiate sufficient warrants or bonds against
any local improvement district at a price not less than ninetyfive percent of their par value to raise sufficient money to pay
any and all compensation which may be awarded for property
damaged or taken in the eminent domain proceedings including the costs of such proceedings. In lieu of so doing, the city
council may negotiate current or general expense fund warrants at par to raise funds for the payment of such compensation and expenses in the first instance, but in that event the
current or general expense fund shall be reimbursed out of the
first moneys collected in any such local assessment district or
realized from the negotiation or sale of local improvement
warrants or bonds. [1965 c 7 § 35.55.140. Prior: 1909 c 147
§ 11; RRS § 9442.]
35.55.150
35.55.150 Local improvement fund—Investment. If
money accumulates in an improvement fund and is likely to
lie idle awaiting the maturity of the bonds against the district,
the city council, under proper safeguards, may invest it temporarily, or may borrow it temporarily, at a reasonable rate of
interest, but when so invested or borrowed, the city shall be
responsible and liable for the restoration to such fund of the
money so invested or borrowed with interest thereon, whenever required for the redemption of bonds maturing against
such district. [1965 c 7 § 35.55.150. Prior: 1909 c 147 § 15;
RRS § 9446.]
(2008 Ed.)
Local Improvements—Filling and Draining Lowlands—Waterways
35.55.160
35.55.160 Letting contract for improvement—Excess
or deficiency of fund. The contract for the making of the
improvement may be let either before or after the making up
of the equalization of the assessment roll, and warrants, or
bonds may be issued against the local improvement district
fund either before or after the equalization of the roll as in the
judgment of the council may best subserve the public interest.
If, after the assessment roll is made up and equalized,
based in whole or in part upon an estimate of the cost of the
improvement, and it is found that the estimate was too high,
the excess shall be rebated pro rata to the property owners on
the assessment roll, the rebates to be deducted from the last
installment, or installments, when the assessment is upon the
installment plan.
If it is found that the estimated cost was too low and that
the actual bona fide cost of the improvement is greater than
the estimate, the city council, after due notice and a hearing,
as in case of the original equalization of the roll, may add the
required additional amount to the assessment roll to be apportioned among the several parcels of property upon the same
rules and principles as if it had been originally included,
except that the additional amount shall be added to the last
installment of an assessment if assessments are payable upon
the installment plan. The same notice shall be required for
adding to the assessment roll in this manner as is required for
the original equalization of the roll, and the property owner
shall have the right of appeal. [1965 c 7 § 35.55.160. Prior:
1909 c 147 § 13; RRS § 9444.]
35.56.010
Chapter 35.56 RCW
LOCAL IMPROVEMENTS—FILLING AND
DRAINING LOWLANDS—WATERWAYS
Chapter 35.56
Sections
35.56.010
35.56.020
35.56.030
35.56.040
35.56.050
35.56.060
35.56.070
35.56.080
35.56.090
35.56.100
35.56.110
35.56.120
35.56.130
35.56.140
35.56.150
35.56.160
35.56.170
35.56.180
35.56.190
35.56.200
35.56.210
35.56.220
35.56.230
35.56.240
35.56.250
35.56.260
35.56.270
35.56.280
35.56.290
Authority—First and second-class cities.
Alternative methods of financing.
Boundaries—Excepted property.
Conditions precedent to passage of ordinance—Protests.
Damages—Eminent domain.
Estimates—Plans and specifications.
Assessment roll—Items—Assessment units—Installments.
Hearing on assessment roll—Notice—Council’s authority.
Hearing—Appellate review.
Lien—Collection of assessments.
Interest on assessments.
Payment of cost of improvement—Interest on warrants.
Local improvement bonds—Terms.
Local improvement bonds—Guaranties.
Local improvement bonds and warrants—Sale to pay damages—Preliminary financing.
Local improvement fund—Investment.
Letting contracts for improvement—Excess or deficiency of
fund.
Payment of contractor—Bonds—Warrants—Cash.
Tax levy—General—Purposes—Limit.
Waterways constructed—Requirements.
Waterways constructed—Control.
Waterways constructed—Leasing facilities.
Waterway shoreline front—Lessee must lease abutting property.
Waterways constructed—Acquisition of abutting property.
Waterways—Abutting city owned lands—Lease of.
Waterways—Abutting lands—Lessee must lease shoreline
property.
Work by day labor.
Reassessments.
Provisions of chapter not exclusive.
Assessments and charges against state lands: Chapter 79.44 RCW.
35.55.170
35.55.170 Payment of contractor—Bonds, warrants,
cash. The city council may provide in letting the contract for
an improvement, that the contractor shall accept special fund
warrants or local improvement bonds against the local
improvement district within which such improvement is to be
made, in payment for the contract price of the work, and that
the warrants or bonds may be issued to the contractor from
time to time as the work progresses, or the city council may
negotiate the special fund warrants or bonds against the local
improvement district at not less than ninety-five cents in
money for each dollar of warrants or bonds, and with the proceeds pay the contractor for the work and pay the other costs
of such improvement. [1965 c 7 § 35.55.170. Prior: 1909 c
147 § 14; RRS § 9445.]
35.55.180
35.55.180 Reassessments. If any assessment is found
to be invalid for any cause or if it is set aside for any reason
in judicial proceeding, a reassessment may be made and all
laws relative to the reassessment of local assessments, for
street or other improvements, shall, as far as practicable, be
applicable hereto. [1965 c 7 § 35.55.180. Prior: 1909 c 147
§ 16; RRS § 9447.]
35.55.190
35.55.190 Provisions of chapter not exclusive. The
provisions of this chapter shall not be construed as repealing
or in any wise affecting any existing laws relative to the making of any such improvements, but shall be considered as
concurrent therewith. [1965 c 7 § 35.55.190. Prior: 1909 c
147 § 17; RRS § 9448.]
(2008 Ed.)
35.56.010 Authority—First and second-class cities.
If the city council or commission of any city of the first or
second class in this state deems it necessary or expedient on
account of the public health, sanitation, the general welfare,
or other cause, to fill or raise the grade or elevation of any
marshlands, swamplands, tidelands or lands commonly
known as tideflats, or any other lands situated within the limits of such city and to clear and prepare said lands for such
filling it may do so by proceeding in accordance with the provisions of this chapter.
For the purpose of filling and raising the grade or elevation of such lands and to secure material therefor and to provide for the proper drainage thereof after such fill has been
effected, the city council or commission may acquire
rights-of-way (and where necessary or desirable, may vacate,
use and appropriate streets and alleys for such purposes) and
lay out, build, construct and maintain over and across such
lowlands, canals or artificial waterways of at least sufficient
width, depth and length to provide and afford the quantity of
earth, dirt and material required to complete such fill, and
with the earth, dirt and material removed in digging and constructing such canals and waterways, fill and raise the grade
or elevation of such marshlands, swamplands, tidelands or
tideflats; and such canals or waterways shall be constructed
of such width and depth (provided that all the earth, dirt and
other suitable material removed in constructing the same
shall be used to fill the lowlands as herein provided) as will
make them available, convenient and suitable to provide
water frontage for landings, wharves and other conveniences
of navigation and commerce for the use and benefit of the
35.56.010
[Title 35 RCW—page 189]
35.56.020
Title 35 RCW: Cities and Towns
city and the public. If canals or waterways are to be constructed as herein provided, such city may construct and
maintain the necessary bridges over and across the same;
such canals or waterways shall be forever under the control of
such city and shall be and become public thoroughfares and
waterways for the use and benefit of commerce, shipping, the
city and the public generally.
The expense of making such improvement and in doing,
accomplishing and effecting all the work provided for in this
chapter including the cost of making compensation for property taken or damaged, and all other cost and expense incidental to such improvement, shall be assessed to the property
benefited, except such amount of such expense as the city
council or commission, in its discretion, may direct to be paid
out of the current or general expense fund. [1994 c 81 § 59;
1965 c 7 § 35.56.010. Prior: 1929 c 63 § 1; 1913 c 16 § 1;
RRS § 9449.]
35.56.020 Alternative methods of financing. If the
city council or commission desires to make any improvement
authorized by the provisions of this chapter it shall provide
therefor by ordinance and unless the ordinance provides that
the improvement shall be paid for wholly or in part by special
assessment upon the property benefited, compensation therefor shall be made from any general or special funds of the city
applicable thereto. If the ordinance provides that the
improvement shall be paid for wholly or in part by special
assessments upon property benefited, the proceedings for the
making of such special assessment shall be as hereafter provided. [1965 c 7 § 35.56.020. Prior: 1913 c 16 § 2, part; RRS
§ 9450, part.]
35.56.020
Special assessments or taxation for local improvements: State Constitution
Art. 7 § 9.
35.56.030 Boundaries—Excepted property. Such
ordinance shall specify the boundaries of the proposed
improvement district and shall describe the lands which it is
proposed to assess for said improvement, and shall provide
for the filling of such lowlands and shall outline the general
scheme or plan of such fill. If any parcel of land within the
boundaries of such proposed improvement district prior to
the initiation of the improvement has been wholly filled to the
proposed grade or elevation of the proposed fill, such parcel
of land may be excluded from the lands to be assessed when
in the opinion of the city council or commission justice and
equity require its exclusion. The boundaries of any improvement district may be altered so as to exclude land therefrom
at any time up to the levying of the assessment but such
changing of the boundaries shall be by ordinance. [1965 c 7
§ 35.56.030. Prior: 1913 c 16 § 2, part; RRS § 9450, part.]
35.56.030
35.56.040 Conditions precedent to passage of ordinance—Protests. Upon the introduction of an ordinance
providing for such fill, if the city council or commission
desires to proceed, it shall fix a time, not less than ten days, in
which protests against said fill may be filed in the office of
the city clerk. Thereupon it shall be the duty of the clerk of
said city to publish in the official newspaper of said city in at
least two consecutive issues thereof before the time fixed for
the filing of protests, a notice of the time fixed for the filing
35.56.040
[Title 35 RCW—page 190]
of protests together with a copy of the proposed ordinance as
introduced.
Protests against the proposed fill to be effective must be
filed by the owners of more than half of the area of land situated within the proposed filling district exclusive of streets,
alleys and public places on or before the date fixed for such
filing. If an effective protest is filed the council shall not proceed further unless two-thirds of the members of the city
council vote to proceed with the work; if the city is operating
under a commission form of government composed of three
commissioners, the commission shall not proceed further
except by a unanimous affirmative vote of all the members
thereof, if the commission is composed of five members, at
least four affirmative votes thereof shall be necessary before
proceeding.
If no effective protest is filed or if an effective protest is
filed and two-thirds of the councilmen vote to proceed with
the work or in cases where cities are operating under the commission form of government, the commissioners vote unanimously or four out of five commissioners vote to proceed
with the work, the city council or commission shall at such
meeting or in a succeeding meeting proceed to pass the proposed ordinance for the work, with such amendments and
modifications as to the said city council or commission of
said city may seem proper. The local improvement district
shall be called "filling district No. . . . ." [1965 c 7 §
35.56.040. Prior: 1913 c 16 § 2, part; RRS § 9450, part.]
35.56.050 Damages—Eminent domain. If an ordinance is passed as in this chapter provided, and it appears that
in making of the improvements so authorized, private property will be taken or damaged thereby within or without the
city, the city shall file a petition in the superior court of the
county in which such city is situated, in the name of the city,
praying that just compensation be made for the property to be
taken or damaged for the improvement specified in the ordinance and conduct proceedings in eminent domain in accordance with the statutes relating to cities for the ascertainment
of the compensation to be made for the taking and damaging
of property, except insofar as the same may be inconsistent
with this chapter.
The filling of unimproved and uncultivated lowlands of
the character mentioned in RCW 35.56.010 shall not be considered as a damaging or taking of such lands. The damage, if
any, done to cultivated lands or growing crops thereon, or to
buildings and other improvements situated within the district
proposed to be filled shall be ascertained and determined in
the manner above provided; but no damage shall be awarded
to any property owner for buildings or improvements placed
upon lands included within said district after the publication
of the ordinance defining the boundaries of the proposed
improvement district: PROVIDED, That the city shall, after
the passage of such ordinance, proceed with said improvement with due diligence.
If the improvement is to be made at the expense of the
property benefited, no account shall be taken of benefits by
the jury or court in assessing the amount of compensation to
be made to the owner of any property within such district, but
such compensation shall be assessed without regard to benefits to the end that said property for which damages may be so
awarded, may be assessed the same as other property within
35.56.050
(2008 Ed.)
Local Improvements—Filling and Draining Lowlands—Waterways
the district for its just share and proportion of the expense of
making said improvement, and the fact that compensation has
been awarded for the damaging or taking of any parcel of
land shall not preclude the assessment of such parcel of land
for its just proportion of said improvement. [1965 c 7 §
35.56.050. Prior: (i) 1913 c 16 § 3; RRS § 9451. (ii) 1929 c
63 § 4; 1913 c 16 § 21; RRS § 9469.]
Eminent domain, cities: Chapter 8.12 RCW.
35.56.060 Estimates—Plans and specifications. At
the time of the initiation of the proceedings for any improvement as contemplated by this chapter or at any time afterward, the city council or commission shall cause plans and
specifications for said improvement to be prepared and shall
cause an estimate to be made of the cost and expense of making said improvement, including the cost of supervision and
engineering, abstractor’s fees, interest and discounts and all
other expenses incidental to said improvement, including an
estimate of the amount of damages for property taken or damaged, which plans, specifications and estimates shall be
approved by the city council or commission. [1965 c 7 §
35.56.060. Prior: 1913 c 16 § 4; RRS § 9452.]
35.56.060
35.56.070 Assessment roll—Items—Assessment
units—Installments. When such plans and specifications
shall have been prepared and the estimate of the cost and
expense of making the improvement has been adopted by the
council or commission and when an estimate has been made
of the compensation to be paid for property damaged or
taken, either before or after the compensation has been ascertained in the eminent domain proceedings, the city council or
commission shall cause an assessment roll to be prepared
containing a list of all the property within the improvement
district which it is proposed to assess for the improvements
together with the names of the owners, if known, and if
unknown, the property shall be assessed to an unknown
owner, and opposite each description shall be set the amount
assessed to such description.
When so ordered by the city council or commission, the
entire amount of compensation paid or to be paid for property
damaged or taken, including all of the costs and expenses
incidental to the condemnation proceedings together with the
entire cost and expense of making the improvement may be
assessed against the property within the district subject to
assessment, but the city council or commission may order
any portion of the costs paid out of the current or general
expense fund of the city. The assessments shall be made
according to and in proportion to surface area, one square
foot of surface to be the unit of assessment: PROVIDED,
That where any parcel of land was wholly or partially filled
by the owner prior to the initiation of the improvement an
equitable deduction for such filling or partial filling may be
allowed.
The cost and expense incidental to the filling of the
streets, alleys and public places within said assessment district shall be borne by the private property within such district
subject to assessment when so ordered by the city council or
commission. When the assessments are payable in installments, the assessment roll when equalized shall show the
number of installments and the amounts thereof. The assess-
35.56.100
ment may be made payable in any number of equal annual
installments not exceeding fifteen in number. [1965 c 7 §
35.56.070. Prior: 1913 c 16 § 5; RRS § 9453.]
35.56.080 Hearing on assessment roll—Notice—
Council’s authority. When such assessment roll has been
prepared it shall be filed in the office of the city clerk and
thereupon the city clerk shall give notice by publication in at
least three issues of the official paper that such roll is on file
in his office and on a date mentioned in said notice, which
shall be at least twenty days after the date of the first publication thereof, the city council or commission will sit as a board
of equalization to equalize said roll and to hear, consider and
determine protests and objections against the same.
At the time specified in the notice, the city council or
commission shall sit as a board of equalization to equalize the
roll and they may adjourn the sitting from time to time until
the equalization of such roll is completed. The city council or
commission as such board of equalization may hear, consider
and determine objections and protests against any assessment
and make such alterations and modifications in the assessment roll as justice and equity may require. [1965 c 7 §
35.56.080. Prior: 1913 c 16 § 6; RRS § 9454.]
35.56.080
35.56.070
(2008 Ed.)
35.56.090 Hearing—Appellate review. Any person
who has made objections to the assessment as equalized,
shall have the right to appeal from the equalization as made
by the city council or commission to the superior court of the
county. The appeal shall be made by filing a written notice of
appeal with the city clerk within ten days after the equalization of the assessments by the council or commission. The
notice of appeal shall describe the property and the objections
of such appellant to such assessment.
The appellant shall also file with the clerk of the superior
court within ten days from the time of taking the appeal a
copy of the notice of appeal together with a copy of the
assessment roll and proceedings thereon, certified by the city
clerk and a bond to the city conditioned to pay all costs that
may be awarded against appellant in such sum not less than
two hundred dollars, and with such security as shall be
approved by the clerk of the court.
The case shall be docketed by the clerk of the court in the
name of the person taking the appeal as plaintiff, and the city
as defendant. The cause shall then be at issue and shall be
tried immediately by the court as in the case of equitable
causes; no further pleadings shall be necessary. The judgment
of the court shall be either to confirm, modify or annul the
assessment insofar as the same affects the property of the
appellant. Appellate review of the superior court’s decision
may be sought as in other causes. [1988 c 202 § 39; 1971 c
81 § 95; 1965 c 7 § 35.56.090. Prior: 1913 c 16 § 7; RRS §
9455.]
35.56.090
Severability—1988 c 202: See note following RCW 2.24.050.
35.56.100 Lien—Collection of assessments. From and
after the equalization of the roll, the several assessments
therein shall become a lien upon the real estate described
therein and shall remain a lien until paid. The assessment lien
shall take precedence of all other liens against such property,
except the lien of general taxes. The assessments shall be col35.56.100
[Title 35 RCW—page 191]
35.56.110
Title 35 RCW: Cities and Towns
lected by the same officers and enforced in the same manner
as provided by law for the collection and enforcement of
local assessments for street improvements. All of the provisions of laws and ordinances relative to the guaranty,
enforcement, and collection of local assessments for street
improvements, including foreclosure in case of delinquency,
shall be applicable to these assessments. [1965 c 7 §
35.56.100. Prior: 1929 c 63 § 2; 1913 c 16 § 8; RRS § 9456.]
Assessments for local improvements, collection and foreclosure: Chapters
35.49, 35.50 RCW.
35.56.110 Interest on assessments. The local assessments shall bear interest at such rate as may be fixed by the
council or commission from and after the expiration of thirty
days after the equalization of the assessment roll and shall
bear such interest after delinquency as may be provided by
general ordinance of the city. [1981 c 156 § 6; 1965 c 7 §
35.56.110. Prior: 1929 c 63 § 3; 1913 c 16 § 12; RRS §
9460.]
35.56.110
35.56.120 Payment of cost of improvement—Interest
on warrants. If the improvement contemplated by this chapter is ordered to be made upon the immediate payment plan,
the city council or commission shall provide for the payment
thereof by the issuance of local improvement fund warrants
against the local improvement district, which warrants shall
be paid only out of the funds derived from the local assessments in the district and shall bear interest at a rate determined by the city council or commission from date of issuance. If the improvement is ordered to be made upon the bond
installment plan, the city council or commission shall provide
for the issuance of bonds against the improvement district.
[1981 c 156 § 7; 1965 c 7 § 35.56.120. Prior: 1913 c 16 § 9;
RRS § 9457.]
35.56.120
35.56.130 Local improvement bonds—Terms. The
city council or commission shall have full authority to provide for the issuance of such bonds against the improvement
district fund in such denominations as the city council or
commission may provide, which shall bear such rate of interest as the city council or commission may fix. Interest shall
be paid annually and the bonds shall become due and payable
at such time, not exceeding fifteen years from the date
thereof, as may be fixed by the said council or commission
and shall be payable out of the assessment district funds.
If so ordered by the council or commission, the bonds
may be issued in such a way that different numbers of the
bonds may become due and payable at different intervals of
time, or they may be so issued that all of the bonds against
said district mature together. The city may reserve the right to
call or mature any bond on any interest paying date when sufficient funds are on hand for its redemption; but bonds shall
be called in numerical order. [1981 c 156 § 8; 1965 c 7 §
35.56.130. Prior: 1913 c 16 § 10, part; RRS § 9458, part.]
councilmen and the approval of the mayor, or three commissioners in case the governing body consist of three commissioners, or four where such city is governed by five commissioners. [1965 c 7 § 35.56.140. Prior: 1913 c 16 § 10, part;
RRS § 9458, part.]
35.56.150 Local improvement bonds and warrants—
Sale to pay damages—Preliminary financing. The city
council or commission may negotiate sufficient warrants or
bonds against any local improvement district at a price not
less than ninety-five percent of their par value to raise sufficient money to pay any and all compensation which may be
awarded for property damaged or taken in the eminent
domain proceedings, including the costs of such proceedings.
In lieu of so doing, the city council or commission may negotiate current or general expense fund warrants at par to raise
funds for the payment of such compensation and expenses in
the first instance, but in that event the current or general
expense fund shall be reimbursed out of the first moneys collected in any such local assessment district or realized from
the negotiation or sale of local improvement warrants or
bonds. [1965 c 7 § 35.56.150. Prior: 1913 c 16 § 11; RRS §
9459.]
35.56.150
35.56.160 Local improvement fund—Investment. If
money accumulates in an improvement fund and is likely to
lie idle waiting the maturity of the bonds against the district,
the city council or commission, under proper safeguards, may
invest it temporarily, or may borrow it temporarily, at a reasonable rate of interest, but when so invested or borrowed,
the city shall be responsible and liable for the restoration to
such fund of the money so invested or borrowed with interest
thereon, whenever required for the redemption of bonds
maturing against such district. [1965 c 7 § 35.56.160. Prior:
1913 c 16 § 15; RRS § 9463.]
35.56.160
35.56.130
35.56.140 Local improvement bonds—Guaranties.
The city may guarantee the payment of the whole or any part
of the bonds issued against a local improvement district, but
the guaranties on the part of the city shall be made only by
ordinance passed by the vote of not less than two-thirds of the
35.56.140
[Title 35 RCW—page 192]
35.56.170 Letting contracts for improvement—
Excess or deficiency of fund. The contract for the making of
the improvement may be let either before or after the making
up of the equalization of the assessment roll, and warrants or
bonds may be issued against the local improvement district
fund either before or after the equalization of the roll as in the
judgment of the council or commission may best subserve the
public interest.
If after the assessment roll is made up and equalized,
based in whole or in part upon an estimate of the cost of the
improvement, and it is found that the estimate was too high,
the excess shall be rebated pro rata to the property owners on
the assessment roll, the rebates to be deducted from the last
installment, or installments, when the assessment is upon the
installment plan.
If it is found that the estimated cost was too low and that
the actual bona fide cost of the improvement is greater than
the estimate, the city council or commission after due notice
and a hearing, as in case of the original equalization of the
roll, may add the required additional amount to the assessment roll to be apportioned among the several parcels of
property upon the same rules and principles as if it had been
originally included except that the additional amount shall be
added to the last installment of an assessment if assessments
35.56.170
(2008 Ed.)
Local Improvements—Filling and Draining Lowlands—Waterways
are payable upon the installment plan. The same notice shall
be required for adding to the assessment roll in this manner as
is required for the original equalization of the roll, and the
property owner shall have the right of appeal. [1965 c 7 §
35.56.170. Prior: 1913 c 16 § 13; RRS § 9461.]
35.56.180 Payment of contractor—Bonds—Warrants—Cash. The city council or commission may provide
in letting the contract for an improvement, that the contractor
shall accept special fund warrants or local improvement
bonds against the local improvement district within which
such improvement is to be made, in payment for the contract
price of the work, and that the warrants or bonds may be
issued to the contractor from time to time as the work
progresses, or the city council or commission may negotiate
the special fund warrants or bonds against the local improvement district at not less than ninety-five cents in money for
each dollar of warrants or bonds, and with the proceeds pay
the contractor for the work and pay the other costs of such
improvement. [1965 c 7 § 35.56.180. Prior: 1913 c 16 § 14;
RRS § 9462.]
35.56.180
35.56.190 Tax levy—General—Purposes—Limit.
For the purpose of raising revenues to carry on any project
under this chapter including funds for the payment for the
lands taken, purchased, acquired or condemned and the
expenses incident to the acquiring thereof, or any other cost
or expenses incurred by the city under the provisions of this
chapter but not including the cost of actually filling the lands
for which the local improvement district was created, a city
may levy an annual tax of not exceeding seventy-five cents
per thousand dollars of assessed valuation of all property
within the city. The city council or commission may create a
fund into which all moneys so derived from taxation and
moneys derived from rents and issues of the lands shall be
paid and against which special fund warrants may be drawn
or negotiable bonds issued to meet expenditures under this
chapter. [1973 1st ex.s. c 195 § 22; 1965 c 7 § 35.56.190.
Prior: 1913 c 16 § 19; RRS § 9467.]
35.56.190
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
35.56.200 Waterways constructed—Requirements.
In the filling of any marshland, swampland, tideland or tideflats no canal or waterway shall be constructed in connection
therewith less than three hundred feet wide at the top between
the shore lines and with sufficient slope to the sides or banks
thereof to as nearly as practicable render bulkheadings or
other protection against caving or falling in of said sides or
banks unnecessary and of sufficient depth to meet all ordinary requirements of navigation and commerce. [1965 c 7 §
35.56.200. Prior: 1913 c 16 § 17, part; RRS § 9465, part.]
35.56.200
35.56.210 Waterways constructed—Control. The
canal or waterway shall be and remain under the control of
the city and immediately upon its completion the city shall
establish outer dock lines lengthwise of said canal or waterway on both sides thereof in such manner and position that
not less than two hundred feet of the width thereof shall
always remain open between such lines and beyond and
35.56.210
(2008 Ed.)
35.56.240
between which lines no right shall ever be granted to build
wharves or other obstructions except bridges; nor shall any
permanent obstruction to the free use of the channel so laid
out between said wharf or dock lines excepting bridges, their
approaches, piers, abutments and spans, ever be permitted but
the same shall be kept open for navigation. [1965 c 7 §
35.56.210. Prior: 1913 c 16 § 17, part; RRS § 9465, part.]
35.56.220 Waterways constructed—Leasing facilities. The city shall have the right to lease the area so created
between the said shore lines and the wharf lines so established or any part, parts or parcels thereof during times when
the use thereof is not required by the city, for periods not
exceeding thirty years, to private individuals or concerns for
wharf, warehouse or manufacturing purposes at such annual
rate or rental per lineal foot of frontage on the canal or waterway as it may deem reasonable.
The rates of wharfage, and other charges to the public
which any lessee may impose shall be reasonable; and the
city council or commission may regulate such rates. The
lease so granted by the city shall never be transferred or
assigned without the consent of the city council or commission having been first obtained.
A city shall never lease to any individual or concern
more than four hundred lineal feet of frontage of the area
lying between the shore lines and the dock lines and no individual or concern shall ever hold or occupy by lease, sublease
or otherwise more than the said four hundred lineal feet of
frontage of such area: PROVIDED, That any individual or
concern may acquire by lease or sublease whatever additional
number of lineal feet of frontage of such area may in the judgment of the city council or commission be necessary for the
use of such individual or concern, upon petition therefor to
the city council or commission signed by not less than five
hundred resident freeholders of the city. [1965 c 7 §
35.56.220. Prior: 1913 c 16 § 17, part; RRS § 9465, part.]
35.56.220
35.56.230 Waterway shoreline front—Lessee must
lease abutting property. If the city owns the land abutting
upon any part of the area between the shore lines and dock
lines, no portion of the area which has city owned property
abutting upon it shall ever be leased unless an equal frontage
of the abutting property immediately adjoining it is leased at
the same time for the same period to the same individual or
concern. [1965 c 7 § 35.56.230. Prior: 1913 c 16 § 17, part;
RRS § 9465, part.]
35.56.230
35.56.240 Waterways constructed—Acquisition of
abutting property. While acquiring the rights-of-way for
such canals or waterways or at any time thereafter such city
may acquire for its own use and public use by purchase, gift,
condemnation or otherwise, and pay therefor by any lawful
means including but not restricted to payment out of the current expense fund of such city or by bonding the city or by
pledging revenues to be derived from rents and issues therefrom, lands abutting upon the shore lines or right-of-way of
such canals or waterways to a distance, depth or width of not
more than three hundred feet back from the banks or shore
lines of such canals or waterways on either side or both sides
thereof, or not more than three hundred lineal feet back from
35.56.240
[Title 35 RCW—page 193]
35.56.250
Title 35 RCW: Cities and Towns
and abutting on the outer lines of such rights-of-way on either
side or both sides of such rights-of-way, and such area of
such abutting lands as the council or commission may deem
necessary for its use for public docks, bridges, wharves,
streets and other conveniences of navigation and commerce
and for its own use and benefit generally. [1965 c 7 §
35.56.240. Prior: 1913 c 16 § 18, part; RRS § 9466, part.]
to be furnished independent of contract. This section shall be
construed as a concurrent and cumulative power conferred on
cities and shall not be construed as in any wise repealing or
affecting any law now in force relating to the performing,
execution and construction of public works. [1965 c 7 §
35.56.270. Prior: 1913 c 16 § 20; RRS § 9468.]
35.56.280 Reassessments. If any assessment is found
to be invalid for any cause or if it is set aside for any reason
in judicial proceeding, a reassessment may be made and all
laws then in force relative to the reassessment of local assessments, for street or other improvements, shall, as far as practical, be applicable hereto. [1965 c 7 § 35.56.280. Prior:
1913 c 16 § 16; RRS § 9464.]
35.56.280
35.56.250 Waterways—Abutting city owned lands—
Lease of. If the city is not using the abutting lands so
acquired it may lease any parcels thereof as may be deemed
for the best interest and convenience of navigation, commerce and the public interest and welfare to private individuals or concerns for terms not exceeding thirty years each at
such annual rate or rental as the city council or commission of
such city may deem just, proper and fair, for the purpose of
erecting wharves for wholesale and retail warehouses and for
general commercial purposes and manufacturing sites, but
the said city shall never convey or part with title to the abutting lands above mentioned and so acquired nor with the control other than in the manner herein specified. Any lease or
leases granted by the city on such abutting lands shall never
be transferred or assigned without the consent of the city
council or commission having been first obtained.
A city shall never lease to any individual or concern
more than four hundred lineal feet of canal or waterway
frontage of said land and no individual or concern shall ever
hold or occupy by lease, sublease, or otherwise more than the
said four hundred lineal feet of said frontage: PROVIDED,
That any individual or concern may acquire by lease or sublease whatever additional frontage of such abutting land may
be in the judgment of the city council or commission necessary for the use of such individual or concern, upon petition
presented to the city council or commission therefor signed
by not less than five hundred resident freeholders of such
city. [1965 c 7 § 35.56.250. Prior: 1913 c 16 § 18, part; RRS
§ 9466, part.]
35.56.250
Local improvements, assessments and reassessments: Chapter 35.44 RCW.
35.56.290 Provisions of chapter not exclusive. The
provisions of this chapter shall not be construed as repealing
or in any wise affecting other existing laws relative to the
making of any such improvements but shall be considered as
concurrent therewith. [1965 c 7 § 35.56.290. Prior: 1929 c
63 § 5; 1913 c 16 § 22; RRS § 9470.]
35.56.290
Chapter 35.57
Chapter 35.57 RCW
PUBLIC FACILITIES DISTRICTS
Sections
35.57.010
35.57.020
35.57.030
35.57.040
35.57.050
35.57.060
35.57.070
35.57.080
35.57.090
35.57.100
35.57.110
35.57.900
Creation—Board of directors—Corporate powers.
Regional centers—Charges and fees—Powers.
General obligation bonds.
Authorized charges, fees, and taxes—Gifts.
Travel, expense reimbursement policy—Required.
Expenditure of funds—Purposes.
Service provider agreements.
Purchases and sales—Procedures.
Revenue bonds—Limitations.
Tax on admissions.
Tax on vehicle parking charges.
Severability—1999 c 165.
35.57.010 Creation—Board of directors—Corporate
powers. (1)(a) The legislative authority of any town or city
located in a county with a population of less than one million
may create a public facilities district.
(b) The legislative authorities of any contiguous group of
towns or cities located in a county or counties each with a
population of less than one million may enter an agreement
under chapter 39.34 RCW for the creation and joint operation
of a public facilities district.
(c) The legislative authority of any town or city, or any
contiguous group of towns or cities, located in a county with
a population of less than one million and the legislative
authority of a contiguous county, or the legislative authority
of the county or counties in which the towns or cities are
located, may enter into an agreement under chapter 39.34
RCW for the creation and joint operation of a public facilities
district.
(d) The legislative authority of a city located in a county
with a population greater than one million may create a public facilities district, when the city has a total population of
less than one hundred fifteen thousand but greater than eighty
thousand and commences construction of a regional center
prior to July 1, 2008.
35.57.010
35.56.260 Waterways—Abutting lands—Lessee
must lease shoreline property. At the time that the city
leases to any individual or concern any of the land abutting
on the area between the shore lines and the dock lines the
same individual or concern must likewise for the same period
of time lease all of the area between the shore line and dock
line of such canal or waterway lying contiguous to and immediately in front of the abutting land so leased. [1965 c 7 §
35.56.260. Prior: 1913 c 16 § 18, part; RRS § 9466, part.]
35.56.260
35.56.270 Work by day labor. When a city undertakes
any improvement authorized by this chapter and the expenditures required exceed the sum of five hundred dollars, it shall
be done by contract and shall be let to the lowest responsible
bidder, after due notice, under such regulation as may be prescribed by ordinance: PROVIDED, That the city council or
commission may reject all bids presented and readvertise, or,
if in the judgment of the city council or commission the work
can be performed, or supplies or materials furnished by the
city independent of contract, cheaper than under the bid submitted, it may after having so advertised and examined the
bids, cause the work to be performed or supplies or materials
35.56.270
[Title 35 RCW—page 194]
(2008 Ed.)
Public Facilities Districts
(2)(a) A public facilities district shall be coextensive
with the boundaries of the city or town or contiguous group
of cities or towns that created the district.
(b) A public facilities district created by an agreement
between a town or city, or a contiguous group of towns or cities, and a contiguous county or the county in which they are
located, shall be coextensive with the boundaries of the towns
or cities, and the boundaries of the county or counties as to
the unincorporated areas of the county or counties. The
boundaries shall not include incorporated towns or cities that
are not parties to the agreement for the creation and joint
operation of the district.
(3)(a) A public facilities district created by a single city
or town shall be governed by a board of directors consisting
of five members selected as follows: (i) Two members
appointed by the legislative authority of the city or town; and
(ii) three members appointed by legislative authority based
on recommendations from local organizations. The members
appointed under (a)(i) of this subsection, shall not be members of the legislative authority of the city or town. The
members appointed under (a)(ii) of this subsection, shall be
based on recommendations received from local organizations
that may include, but are not limited to the local chamber of
commerce, local economic development council, and local
labor council. The members shall serve four-year terms. Of
the initial members, one must be appointed for a one-year
term, one must be appointed for a two-year term, one must be
appointed for a three-year term, and the remainder must be
appointed for four-year terms.
(b) A public facilities district created by a contiguous
group of cities and towns shall be governed by a board of
directors consisting of seven members selected as follows:
(i) Three members appointed by the legislative authorities of
the cities and towns; and (ii) four members appointed by the
legislative authority based on recommendations from local
organizations. The members appointed under (b)(i) of this
subsection shall not be members of the legislative authorities
of the cities and towns. The members appointed under (b)(ii)
of this subsection, shall be based on recommendations
received from local organizations that include, but are not
limited to the local chamber of commerce, local economic
development council, local labor council, and a neighborhood organization that is directly affected by the location of
the regional center in their area. The members of the board of
directors shall be appointed in accordance with the terms of
the agreement under chapter 39.34 RCW for the joint operation of the district and shall serve four-year terms. Of the initial members, one must be appointed for a one-year term, one
must be appointed for a two-year term, one must be
appointed for a three-year term, and the remainder must be
appointed for four-year terms.
(c) A public facilities district created by a town or city, or
a contiguous group of towns or cities, and a contiguous
county or the county or counties in which they are located,
shall be governed by a board of directors consisting of seven
members selected as follows: (i) Three members appointed
by the legislative authorities of the cities, towns, and county;
and (ii) four members appointed by the legislative authority
based on recommendations from local organizations. The
members appointed under (c)(i) of this subsection shall not
be members of the legislative authorities of the cities, towns,
(2008 Ed.)
35.57.020
or county. The members appointed under (c)(ii) of this subsection shall be based on recommendations received from
local organizations that include, but are not limited to, the
local chamber of commerce, the local economic development
council, the local labor council, and a neighborhood organization that is directly affected by the location of the regional
center in their area. The members of the board of directors
shall be appointed in accordance with the terms of the agreement under chapter 39.34 RCW for the joint operation of the
district and shall serve four-year terms. Of the initial members, one must be appointed for a one-year term, one must be
appointed for a two-year term, one must be appointed for a
three-year term, and the remainder must be appointed for
four-year terms.
(4) A public facilities district is a municipal corporation,
an independent taxing "authority" within the meaning of
Article VII, section 1 of the state Constitution, and a "taxing
district" within the meaning of Article VII, section 2 of the
state Constitution.
(5) A public facilities district shall constitute a body corporate and shall possess all the usual powers of a corporation
for public purposes as well as all other powers that may now
or hereafter be specifically conferred by statute, including,
but not limited to, the authority to hire employees, staff, and
services, to enter into contracts, and to sue and be sued.
(6) A public facilities district may acquire and transfer
real and personal property by lease, sublease, purchase, or
sale. No direct or collateral attack on any public facilities district purported to be authorized or created in conformance
with this chapter may be commenced more than thirty days
after creation by the city and/or county legislative authority.
[2007 c 486 § 1; 2002 c 363 § 1; 1999 c 165 § 1.]
35.57.020 Regional centers—Charges and fees—
Powers. (1) A public facilities district is authorized to
acquire, construct, own, remodel, maintain, equip, reequip,
repair, finance, and operate one or more regional centers. For
purposes of this chapter, "regional center" means a convention, conference, or special events center, or any combination
of facilities, and related parking facilities, serving a regional
population constructed, improved, or rehabilitated after July
25, 1999, at a cost of at least ten million dollars, including
debt service. "Regional center" also includes an existing convention, conference, or special events center, and related
parking facilities, serving a regional population, that is
improved or rehabilitated after July 25, 1999, where the costs
of improvement or rehabilitation are at least ten million dollars, including debt service. A "special events center" is a
facility, available to the public, used for community events,
sporting events, trade shows, and artistic, musical, theatrical,
or other cultural exhibitions, presentations, or performances.
A regional center is conclusively presumed to serve a
regional population if state and local government investment
in the construction, improvement, or rehabilitation of the
regional center is equal to or greater than ten million dollars.
(2) A public facilities district may enter into contracts
with any city or town for the purpose of exercising any powers of a community renewal agency under chapter 35.81
RCW.
(3) A public facilities district may impose charges and
fees for the use of its facilities, and may accept and expend or
35.57.020
[Title 35 RCW—page 195]
35.57.030
Title 35 RCW: Cities and Towns
use gifts, grants, and donations for the purpose of a regional
center.
(4) A public facilities district may impose charges, fees,
and taxes authorized in RCW 35.57.040, and use revenues
derived therefrom for the purpose of paying principal and
interest payments on bonds issued by the public facilities district to construct a regional center.
(5) Notwithstanding the establishment of a career, civil,
or merit service system, a public facilities district may contract with a public or private entity for the operation or management of its public facilities.
(6) A public facilities district is authorized to use the
supplemental alternative public works contracting procedures set forth in chapter 39.10 RCW in connection with the
design, construction, reconstruction, remodel, or alteration of
any regional center.
(7) A city or town in conjunction with any special
agency, authority, or other district established by a county or
any other governmental agency is authorized to use the supplemental alternative public works contracting procedures set
forth in chapter 39.10 RCW in connection with the design,
construction, reconstruction, remodel, or alteration of any
regional center funded in whole or in part by a public facilities district. [2002 c 363 § 2; 2002 c 218 § 25; 1999 c 165 §
2.]
Reviser’s note: This section was amended by 2002 c 218 § 25 and by
2002 c 363 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.57.030 General obligation bonds. (1) To carry out
the purpose of this chapter, a public facilities district may
issue general obligation bonds, not to exceed an amount,
together with any outstanding nonvoter-approved general
obligation indebtedness, equal to one-half of one percent of
the value of the taxable property within the district, as the
term "value of the taxable property" is defined in RCW
39.36.015. A facilities district additionally may issue general
obligation bonds for capital purposes only, together with any
outstanding general obligation indebtedness, not to exceed an
amount equal to one and one-fourth percent of the value of
the taxable property within the district, as the term "value of
the taxable property" is defined in RCW 39.36.015, when
authorized by the voters of the public facilities district pursuant to Article VIII, section 6 of the state Constitution, and to
provide for the retirement thereof by taxes authorized in
chapter 165, Laws of 1999.
(2) General obligation bonds may be issued with a maturity of up to thirty years, and shall be issued and sold in accordance with the provisions of chapter 39.46 RCW.
(3) The general obligation bonds may be payable from
the operating revenues of the public facilities district in addition to the tax receipts of the district. [1999 c 165 § 3.]
35.57.030
35.57.040 Authorized charges, fees, and taxes—
Gifts. (1) The board of directors of the public facilities district may impose the following for the purpose of funding a
regional center:
(a) Charges and fees for the use of any of its facilities;
35.57.040
[Title 35 RCW—page 196]
(b) Admission charges under RCW 35.57.100;
(c) Vehicle parking charges under RCW 35.57.110; and
(d) Sales and use taxes authorized under RCW 82.14.048
and 82.14.390.
(2) The board may accept and expend or use gifts, grants,
and donations for the purpose of a regional center. The revenue from the charges, fees, and taxes imposed under this section shall be used only for the purposes authorized by this
chapter. [1999 c 165 § 4.]
35.57.050 Travel, expense reimbursement policy—
Required. The board of directors of the public facilities district shall adopt a resolution that may be amended from time
to time that shall establish the basic requirements governing
methods and amounts of reimbursement payable to such district officials and employees for travel and other business
expenses incurred on behalf of the district. The resolution
shall, among other things, establish procedures for approving
such expenses; the form of the travel and expense voucher;
and requirements governing the use of credit cards issued in
the name of the district. The resolution may also establish
procedures for payment of per diem to board members. The
state auditor shall, as provided by general law, cooperate with
the public facilities district in establishing adequate procedures for regulating and auditing the reimbursement of all
such expenses. [1999 c 165 § 5.]
35.57.050
35.57.060 Expenditure of funds—Purposes. The
board of directors of the public facilities district shall have
authority to authorize the expenditure of funds for the public
purposes of preparing and distributing information to the
general public and promoting, advertising, improving, developing, operating, and maintaining a regional center. Nothing
contained in this section may be construed to authorize preparation and distribution of information to the general public
for the purpose of influencing the outcome of a district election. [1999 c 165 § 6.]
35.57.060
35.57.070 Service provider agreements. The public
facilities district may secure services by means of an agreement with a service provider. The public facilities district
shall publish notice, establish criteria, receive and evaluate
proposals, and negotiate with respondents under requirements set forth by district resolution. [1999 c 165 § 7.]
35.57.070
35.57.080 Purchases and sales—Procedures. In addition to provisions contained in chapter 39.04 RCW, the public facilities district is authorized to follow procedures contained in RCW 43.19.1906 and 43.19.1911 for all purchases,
contracts for purchase, and sales. [1999 c 165 § 8.]
35.57.080
35.57.090 Revenue bonds—Limitations. (1) A public
facilities district may issue revenue bonds to fund revenuegenerating facilities, or portions of facilities, which it is
authorized to provide or operate. Whenever revenue bonds
are to be issued, the board of directors of the district shall create or have created a special fund or funds from which, along
with any reserves created pursuant to RCW 39.44.140, the
principal and interest on such revenue bonds shall exclusively be payable. The board may obligate the district to set
35.57.090
(2008 Ed.)
Metropolitan Municipal Corporations
aside and pay into the special fund or funds a fixed proportion
or a fixed amount of the revenues from the public improvements, projects, or facilities, and all related additions, that are
funded by the revenue bonds. This amount or proportion shall
be a lien and charge against these revenues, subject only to
operating and maintenance expenses. The board shall have
due regard for the cost of operation and maintenance of the
public improvements, projects, or facilities, or additions, that
are funded by the revenue bonds, and shall not set aside into
the special fund or funds a greater amount or proportion of
the revenues that in its judgment will be available over and
above the cost of maintenance and operation and the amount
or proportion, if any, of the revenue so previously pledged.
The board may also provide that revenue bonds payable out
of the same source or sources of revenue may later be issued
on a parity with any revenue bonds being issued and sold.
(2) Revenue bonds issued under this section shall not be
an indebtedness of the district issuing the bonds, and the
interest and principal on the bonds shall only be payable from
the revenues lawfully pledged to meet the principal and interest requirements and any reserves created under RCW
39.44.140. The owner or bearer of a revenue bond or any
interest coupon issued under this section shall not have any
claim against the district arising from the bond or coupon
except for payment from the revenues lawfully pledged to
meet the principal and interest requirements and any reserves
created under RCW 39.44.140. The substance of the limitations included in this subsection shall be plainly printed, written, or engraved on each bond issued under this section.
(3) Revenue bonds with a maturity in excess of thirty
years shall not be issued. The board of directors of the district
shall by resolution determine for each revenue bond issue the
amount, date, form, terms, conditions, denominations, maximum fixed or variable interest rate or rates, maturity or maturities, redemption rights, registration privileges, manner of
execution, manner of sale, callable provisions, if any, and
covenants including the refunding of existing revenue bonds.
Facsimile signatures may be used on the bonds and any coupons. Refunding revenue bonds may be issued in the same
manner as revenue bonds are issued. [1999 c 165 § 9.]
35.57.100 Tax on admissions. A public facility district
may levy and fix a tax of not more than one cent on twenty
cents or fraction thereof to be paid by the person who pays an
admission charge to a regional center. This includes a tax on
persons who are admitted free of charge or at reduced rates if
other persons pay a charge or a regular higher charge for the
same privileges or accommodations.
The term "admission charge" includes:
(1) A charge made for season tickets or subscriptions;
(2) A cover charge, or a charge made for use of seats and
tables reserved or otherwise, and other similar accommodations;
(3) A charge made for food and refreshment if free entertainment, recreation, or amusement is provided;
(4) A charge made for rental or use of equipment or facilities for purposes of recreation or amusement; if the rental of
the equipment or facilities is necessary to the enjoyment of a
privilege for which a general admission is charged, the combined charges shall be considered as the admission charge;
(5) Automobile parking charges if the amount of the
charge is determined according to the number of passengers
in the automobile. [1999 c 165 § 10.]
35.57.110 Tax on vehicle parking charges. A public
facility district may levy and fix a tax on any vehicle parking
charges imposed at any parking facility that is owned or
leased by the public facility district as part of a regional center. No county or city or town within which the regional center is located may impose a tax of the same or similar kind on
any vehicle parking charges at the facility. For the purposes
of this section, "vehicle parking charges" means only the
actual parking charges exclusive of taxes and service charges
and the value of any other benefit conferred. The tax authorized under this section shall be at the rate of not more than
ten percent. [1999 c 165 § 11.]
35.57.110
35.57.900 Severability—1999 c 165. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1999 c 165 § 23.]
35.57.900
Chapter 35.58 RCW
METROPOLITAN MUNICIPAL CORPORATIONS
Chapter 35.58
Sections
35.58.010
35.58.020
35.58.030
35.58.040
35.58.050
35.58.060
35.58.070
35.58.080
35.58.090
35.58.100
35.58.110
35.58.112
35.58.114
35.57.100
(2008 Ed.)
Chapter 35.58
35.58.116
35.58.120
35.58.130
35.58.140
35.58.150
35.58.160
35.58.170
35.58.180
35.58.190
35.58.200
35.58.210
35.58.215
35.58.220
35.58.230
35.58.240
35.58.245
35.58.250
35.58.260
35.58.262
Declaration of policy and purpose.
Definitions.
Corporations authorized—Limitation on boundaries.
Territory which must be included or excluded—Boundaries.
Functions authorized.
Unauthorized functions to be performed under other law.
Resolution, petition for election—Requirements, procedure.
Hearings on petition, resolution—Inclusion, exclusion of territory—Boundaries—Calling election.
Election procedure to form corporation and levy tax—Qualified voters—Establishment of corporation—First meeting of
council.
Additional functions—Authorized by election.
Additional functions—Authorized without election.
Recommended comprehensive plan for performance of additional function—Study and preparation.
Recommended comprehensive plan for performance of additional function—Resolution for special election to authorize
additional function—Contents—Hearings—Election procedure.
Proposition for issuance of general obligation bonds or levy of
general tax—Submission at same election or special election.
Metropolitan council—Composition.
Metropolitan council—Organization, chairman, procedures.
Metropolitan council—Terms.
Metropolitan council—Vacancies.
Metropolitan council—Compensation—Waiver of compensation.
Corporation name and seal.
General powers of corporation.
Performance of function or functions—Commencement date.
Powers relative to water pollution abatement.
Metropolitan water pollution abatement advisory committee.
Powers relative to systems of sewerage.
Powers relative to water supply.
Metropolitan water advisory committee.
Powers relative to transportation.
Public transportation function—Authorization by election
required—Procedure.
Other local public passenger transportation service prohibited—Agreements—Purchase—Condemnation.
Transportation function—Acquisition of city system.
Transportation function—Fuel purchasing strategies—
Reports.
[Title 35 RCW—page 197]
35.58.010
35.58.263
35.58.265
35.58.268
35.58.270
35.58.271
35.58.2711
35.58.2712
35.58.272
35.58.2721
35.58.2794
35.58.2795
35.58.2796
35.58.280
35.58.290
35.58.300
35.58.310
35.58.320
35.58.330
35.58.340
35.58.350
35.58.360
35.58.370
35.58.380
35.58.390
35.58.400
35.58.410
35.58.420
35.58.430
35.58.450
35.58.460
35.58.470
35.58.480
35.58.490
35.58.500
35.58.510
35.58.520
35.58.530
35.58.540
35.58.550
35.58.560
35.58.570
35.58.580
35.58.585
35.58.590
35.58.595
35.58.900
35.58.911
35.58.920
35.58.930
35.58.931
Title 35 RCW: Cities and Towns
Transportation function—Fuel purchasing strategies—Liability immunity.
Acquisition of existing transportation system—Assumption of
labor contracts—Transfer of employees—Preservation of
employee benefits—Collective bargaining.
Public transportation employees—Payroll deduction for political action committees.
Metropolitan transit commission.
Public transportation in municipalities—Financing.
Local sales and use taxes for financing public transportation
systems.
Public transportation feasibility study—Advanced financial
support payments.
Public transportation systems—Definitions.
Public transportation systems—Authority of municipalities to
acquire, operate, etc.—Indebtedness—Bond issues.
Public transportation systems—Research, testing, development, etc., of systems—Powers to comply with federal laws.
Public transportation systems—Six-year transit plans.
Public transportation systems—Annual report by department.
Powers relative to garbage disposal.
Powers relative to parks and parkways.
Metropolitan park board.
Powers relative to planning.
Eminent domain.
Powers may be exercised with relation to public rights-of-way
without franchise—Conditions.
Disposition of unneeded property.
Powers and functions of metropolitan municipal corporation—Where vested—Powers of metropolitan council.
Rules and regulations—Penalties—Enforcement.
Merit system.
Retention of existing personnel.
Prior employees pension rights preserved.
Prior employees sick leave and vacation rights preserved.
Budget—Expenditures—Revenue estimates—Requirements
for a county assuming the powers of a metropolitan municipal corporation.
Supplemental income payments by component city and
county.
Funds—Disbursements—Treasurer—Expenses—Election
expenses.
General obligation bonds—Issuance, sale, form, term, election, payment.
Revenue bonds—Issuance, sale, form, term, payment,
reserves, actions.
Funding, refunding bonds.
Borrowing money from component city or county.
Interest bearing warrants.
Local improvement districts—Utility local improvement districts.
Obligations of corporation are legal investments and security
for public deposits.
Investment of corporate funds.
Annexation—Requirements, procedure.
Annexation—Hearings—Inclusion, exclusion of territory—
Boundaries—Calling election.
Annexation—Election—Favorable vote.
Taxes—Counties or cities not to impose on certain operations—Credits or offsets against state taxes—Refund of
motor vehicle fuel taxes paid.
Sewage facilities—Capacity charge.
Public transportation fares—Proof of payment—Civil infractions.
Public transportation fares—Schedule of fines and penalties—
Who may monitor fare payment—Administration of citations.
Public transportation fares—Powers of law enforcement
authorities.
Public transportation fares—Powers and authority are supplemental to other laws.
Liberal construction.
Prior proceedings validated, ratified, approved and confirmed.
Severability—1967 c 105.
Severability—1971 ex.s. c 303.
Severability—1974 ex.s. c 70.
Acquisition of
interests in land for conservation, protection, preservation, or open space
purposes by metropolitan municipal corporation: RCW 64.04.130.
open space, land, or rights to future development by counties, cities, or
metropolitan municipal corporations, tax levy: RCW 84.34.200
through 84.34.240, 84.52.010.
[Title 35 RCW—page 198]
County assumption of metropolitan municipal corporation functions: Chapter 36.56 RCW.
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review board: Chapter 36.93 RCW.
School districts, educational service districts, agreements with other governmental entities for transportation of students, the public or other noncommon school purposes—Limitations: RCW 28A.160.120.
Transportation centers authorized: Chapter 81.75 RCW.
35.58.010 Declaration of policy and purpose. It is
hereby declared to be the public policy of the state of Washington to provide for the people of the populous metropolitan
areas in the state the means of obtaining essential services not
adequately provided by existing agencies of local government. The growth of urban population and the movement of
people into suburban areas has created problems of water pollution abatement, garbage disposal, water supply, transportation, planning, parks and parkways which extend beyond the
boundaries of cities, counties and special districts. For reasons of topography, location and movement of population,
and land conditions and development, one or more of these
problems cannot be adequately met by the individual cities,
counties and districts of many metropolitan areas.
It is the purpose of this chapter to enable cities and counties to act jointly to meet these common problems in order
that the proper growth and development of the metropolitan
areas of the state may be assured and the health and welfare
of the people residing therein may be secured. [1974 ex.s. c
70 § 1; 1965 c 7 § 35.58.010. Prior: 1957 c 213 § 1.]
35.58.010
35.58.020 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Authorized metropolitan function" means a metropolitan function which a metropolitan municipal corporation
shall have been authorized to perform in the manner provided
in this chapter.
(2) "Central city" means the city with the largest population in a metropolitan area.
(3) "Central county" means the county containing the
city with the largest population in a metropolitan area.
(4) "City" means an incorporated city or town.
(5) "City council" means the legislative body of any city
or town.
(6) "City-owned transit system" means a system of public transportation owned or operated, including contracts for
the services of a publicly owned or operated system of transportation, by a city that is not located within the boundaries of
a metropolitan municipal corporation, county transportation
authority, or public transportation benefit area.
(7) "Component city" means an incorporated city or
town within a metropolitan area.
(8) "Component county" means a county, all or part of
which is included within a metropolitan area.
(9) "Metropolitan area" means the area contained within
the boundaries of a metropolitan municipal corporation, or
within the boundaries of an area proposed to be organized as
such a corporation.
(10) "Metropolitan council" means the legislative body
of a metropolitan municipal corporation, or the legislative
body of a county which has by ordinance or resolution
assumed the rights, powers, functions, and obligations of a
35.58.020
(2008 Ed.)
Metropolitan Municipal Corporations
metropolitan municipal corporation pursuant to the provisions of chapter 36.56 RCW.
(11) "Metropolitan function" means any of the functions
of government named in RCW 35.58.050.
(12) "Metropolitan municipal corporation" means a
municipal corporation of the state of Washington created pursuant to this chapter, or a county which has by ordinance or
resolution assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation pursuant to the
provisions of chapter 36.56 RCW.
(13) "Metropolitan public transportation" or "metropolitan transportation" for the purposes of this chapter means the
transportation of packages, passengers, and their incidental
baggage by means other than by chartered bus, sightseeing
bus, or any other motor vehicle not on an individual fare-paying basis, together with the necessary passenger terminals
and parking facilities or other properties necessary for passenger and vehicular access to and from such people-moving
systems: PROVIDED, That nothing in this chapter shall be
construed to prohibit a metropolitan municipal corporation
from leasing its buses to private certified carriers; to prohibit
a metropolitan municipal corporation from providing school
bus service for the transportation of pupils; or to prohibit a
metropolitan municipal corporation from chartering an electric streetcar on rails which it operates entirely within a city.
(14) "Pollution" has the meaning given in RCW
90.48.020.
(15) "Population" means the number of residents as
shown by the figures released for the most recent official
state, federal, or county census, or population determination
made under the direction of the office of financial management.
(16) "Proof of payment" means evidence of fare prepayment authorized by a metropolitan municipal corporation or a
city-owned transit system for the use of buses or other modes
of public transportation.
(17) "Special district" means any municipal corporation
of the state of Washington other than a city, county, or metropolitan municipal corporation. [2008 c 123 § 5; 1982 c 103 §
1; 1979 c 151 § 28; 1977 ex.s. c 277 § 12. Prior: 1974 ex.s.
c 84 § 1; 1974 ex.s. c 70 § 2; 1971 ex.s. c 303 § 2; 1965 c 7 §
35.58.020; prior: 1957 c 213 § 2.]
Alphabetization—2008 c 123: "The code reviser shall alphabetize and
renumber the definitions in RCW 35.58.020 and 36.57A.010." [2008 c 123
§ 11.]
Severability—Construction—Effective date—1977 ex.s. c 277: See
RCW 36.56.900 and 36.56.910.
Population determinations, office of financial management: Chapter 43.62
RCW.
35.58.030 Corporations authorized—Limitation on
boundaries. Any area of the state containing two or more
cities, at least one of which is of ten thousand or more population, may organize as a metropolitan municipal corporation
for the performance of certain functions, as provided in this
chapter. The boundaries of a metropolitan municipal corporation may not be expanded to include territory located in a
county other than a component county except as a result of
the consolidation of two or more contiguous metropolitan
municipal corporations. [1993 c 240 § 1; 1965 c 7 §
35.58.030. Prior: 1957 c 213 § 3.]
35.58.030
(2008 Ed.)
35.58.060
Inclusion of code cities in metropolitan municipal corporations: Chapter
35A.57 RCW.
35.58.040 Territory which must be included or
excluded—Boundaries. At the time of its formation no metropolitan municipal corporation shall include only a part of
any city, and every city shall be either wholly included or
wholly excluded from the boundaries of such corporation. If
subsequent to the formation of a metropolitan municipal corporation a part only of any city shall be included within the
boundaries of a metropolitan municipal corporation such part
shall be deemed to be "unincorporated" for the purpose of
selecting a member of the metropolitan council pursuant to
*RCW 35.58.120(3) and such city shall neither select nor
participate in the selection of a member on the metropolitan
council pursuant to RCW 35.58.120.
Any metropolitan municipal corporation now existing
within a county with a population of one million or more
shall, upon May 21, 1971, have the same boundaries as those
of the respective central county of such metropolitan corporation. The boundaries of such metropolitan corporation may
not be enlarged or diminished after such date by annexation
as provided in chapter 35.58 RCW and any purported annexation of territory shall be deemed void. Any contiguous metropolitan municipal corporations may be consolidated into a
single metropolitan municipal corporation upon such terms,
for the purpose of performing such metropolitan function or
functions, and to be effective at such time as may be
approved by resolutions of the respective metropolitan councils. In the event of such consolidation the component city
with the largest population shall be the central city of such
consolidated metropolitan municipal corporation and the
component county with the largest population shall be the
central county of such consolidated metropolitan municipal
corporation. [1993 c 240 § 2; 1991 c 363 § 39; 1971 ex.s. c
303 § 3; 1967 c 105 § 1; 1965 c 7 § 35.58.040. Prior: 1957 c
213 § 4.]
35.58.040
*Reviser’s note: RCW 35.58.120 was amended by 1993 c 240 § 4
deleting subsection (3).
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
35.58.050 Functions authorized. A metropolitan
municipal corporation shall have the power to perform any
one or more of the following functions, when authorized in
the manner provided in this chapter:
(1) Metropolitan water pollution abatement.
(2) Metropolitan water supply.
(3) Metropolitan public transportation.
(4) Metropolitan garbage disposal.
(5) Metropolitan parks and parkways.
(6) Metropolitan comprehensive planning. [1974 ex.s. c
70 § 3; 1965 c 7 § 35.58.050. Prior: 1957 c 213 § 5.]
35.58.050
35.58.060 Unauthorized functions to be performed
under other law. All functions of local government which
are not authorized as provided in this chapter to be performed
by a metropolitan municipal corporation, shall continue to be
performed by the counties, cities and special districts within
the metropolitan area as provided by law. [1965 c 7 §
35.58.060. Prior: 1957 c 213 § 6.]
35.58.060
[Title 35 RCW—page 199]
35.58.070
Title 35 RCW: Cities and Towns
35.58.070 Resolution, petition for election—Requirements, procedure. A metropolitan municipal corporation
may be created by vote of the qualified electors residing in a
metropolitan area in the manner provided in this chapter. An
election to authorize the creation of a metropolitan municipal
corporation may be called pursuant to resolution or petition
in the following manner:
(1) A resolution or concurring resolutions calling for
such an election may be adopted by either:
(a) The city council of a central city; or
(b) The city councils of two or more component cities
other than a central city; or
(c) The board of commissioners of a central county.
A certified copy of such resolution or certified copies of such
concurring resolutions shall be transmitted to the board of
commissioners of the central county.
(2) A petition calling for such an election shall be signed
by at least four percent of the qualified voters residing within
the metropolitan area and shall be filed with the auditor of the
central county.
Any resolution or petition calling for such an election
shall describe the boundaries of the proposed metropolitan
area, name the metropolitan function or functions which the
metropolitan municipal corporation shall be authorized to
perform initially and state that the formation of the metropolitan municipal corporation will be conducive to the welfare
and benefit of the persons and property within the metropolitan area. After the filing of a first sufficient petition or resolution with such county auditor or board of county commissioners respectively, action by such auditor or board shall be
deferred on any subsequent petition or resolution until after
the election has been held pursuant to such first petition or
resolution.
Upon receipt of such a petition, the auditor shall examine
the same and certify to the sufficiency of the signatures
thereon. For the purpose of examining the signatures on such
petition, the auditor shall be permitted access to the voter registration books of each component county and each component city. No person may withdraw his name from a petition
after it has been filed with the auditor. Within thirty days following the receipt of such petition, the auditor shall transmit
the same to the board of commissioners of the central county,
together with his certificate as to the sufficiency thereof.
[1965 c 7 § 35.58.070. Prior: 1957 c 213 § 7.]
35.58.070
35.58.080 Hearings on petition, resolution—Inclusion, exclusion of territory—Boundaries—Calling election. Upon receipt of a duly certified petition or a valid resolution calling for an election on the formation of a metropolitan municipal corporation, the board of commissioners of the
central county shall fix a date for a public hearing thereon
which shall be not more than sixty nor less than forty days
following the receipt of such resolution or petition. Notice of
such hearing shall be published once a week for at least four
consecutive weeks in one or more newspapers of general circulation within the metropolitan area. The notice shall contain a description of the boundaries of the proposed metropolitan area, shall name the initial metropolitan function or functions and shall state the time and place of the hearing and the
fact that any changes in the boundaries of the metropolitan
area will be considered at such time and place. At such hear35.58.080
[Title 35 RCW—page 200]
ing or any continuation thereof, any interested person may
appear and be heard on all matters relating to the effect of the
formation of the proposed municipal metropolitan corporation. The commissioners may make such changes in the
boundaries of the metropolitan area as they shall deem reasonable and proper, but may not delete any portion of the proposed area which will create an island of included or
excluded lands, may not delete a portion of any city, and may
not delete any portion of the proposed area which is contributing or may reasonably be expected to contribute to the pollution of any water course or body of water in the proposed
area when the petition or resolution names metropolitan
water pollution abatement as a function to be performed by
the proposed metropolitan municipal corporation. If the commissioners shall determine that any additional territory
should be included in the metropolitan area, a second hearing
shall be held and notice given in the same manner as for the
original hearing. The commissioners may adjourn the hearing
on the formation of a metropolitan municipal corporation
from time to time not exceeding thirty days in all. At the next
regular meeting following the conclusion of such hearing the
commissioners shall adopt a resolution fixing the boundaries
of the proposed metropolitan municipal corporation, declaring that the formation of the proposed metropolitan municipal corporation will be conducive to the welfare and benefit
of the persons and property therein and providing for the calling of a special election on the formation of the metropolitan
municipal corporation to be held not more than one hundred
twenty days nor less than sixty days following the adoption of
such resolution. [1974 ex.s. c 70 § 4; 1965 c 7 § 35.58.080.
Prior: 1957 c 213 § 8.]
Elections: Title 29A RCW.
35.58.090 Election procedure to form corporation
and levy tax—Qualified voters—Establishment of corporation—First meeting of council. The election on the formation of the metropolitan municipal corporation shall be
conducted by the auditor of the central county in accordance
with the general election laws of the state and the results
thereof shall be canvassed by the county canvassing board of
the central county, which shall certify the result of the election to the county legislative authority of the central county,
and shall cause a certified copy of such canvass to be filed in
the office of the secretary of state. Notice of the election shall
be published in one or more newspapers of general circulation in each component county in the manner provided in the
general election laws. No person shall be entitled to vote at
such election unless that person is a qualified voter under the
laws of the state in effect at the time of such election and has
resided within the metropolitan area for at least thirty days
preceding the date of the election. The ballot proposition
shall be in substantially the following form:
35.58.090
"FORMATION OF METROPOLITAN
MUNICIPAL CORPORATION
Shall a metropolitan municipal corporation be
established for the area described in a resolution of
the county legislative authority of . . . . . . county
adopted on the . . . . day of . . . . . ., 19. . ., to perform
the metropolitan functions of . . . . . . (here insert the
(2008 Ed.)
Metropolitan Municipal Corporations
title of each of the functions to be authorized as set
forth in the petition or initial resolution).
YES . . . . . . . . . . . . . . . . . . . .â
NO . . . . . . . . . . . . . . . . . . . .â "
If a majority of the persons voting on the proposition
residing within the central city shall vote in favor thereof and
a majority of the persons voting on the proposition residing in
the metropolitan area outside of the central city shall vote in
favor thereof, the metropolitan municipal corporation shall
thereupon be established and the county legislative authority
of the central county shall adopt a resolution setting a time
and place for the first meeting of the metropolitan council
which shall be held not later than sixty days after the date of
such election. A copy of such resolution shall be transmitted
to the legislative body of each component city and county and
of each special district which shall be affected by the particular metropolitan functions authorized.
At the same election there shall be submitted to the voters residing within the metropolitan area, for their approval or
rejection, a proposition authorizing the metropolitan municipal corporation, if formed, to levy at the earliest time permitted by law on all taxable property located within the metropolitan municipal corporation a general tax, for one year, of
twenty-five cents per thousand dollars of assessed value in
excess of any constitutional or statutory limitation for authorized purposes of the metropolitan municipal corporation.
The proposition shall be expressed on the ballots in substantially the following form:
"ONE YEAR TWENTY-FIVE CENTS
PER THOUSAND DOLLARS OF
ASSESSED VALUE LEVY
Shall the metropolitan municipal corporation, if
formed, levy a general tax of twenty-five cents per
thousand dollars of assessed value for one year upon
all the taxable property within said corporation in
excess of the constitutional and/or statutory tax limits for authorized purposes of the corporation?
YES . . . . . . . . . . . . . . . . . . . .â
NO . . . . . . . . . . . . . . . . . . . .â "
Such proposition to be effective must be approved by a
majority of at least three-fifths of the persons voting on the
proposition to levy such tax, with a forty percent validation
requirement, in the manner set forth in Article VII, section
2(a) of the Constitution of this state. [1993 c 240 § 3; 1973
1st ex.s. c 195 § 23; 1965 c 7 § 35.58.090. Prior: 1957 c 213
§ 9.]
35.58.110
An election to authorize a metropolitan municipal corporation to perform one or more additional metropolitan functions may be called pursuant to a resolution or a petition in
the following manner:
(1) A resolution calling for such an election may be
adopted by:
(a) The city council of the central city; or
(b) The city councils of at least one-half in number of the
component cities other than the central city; or
(c) The board of commissioners of the central county.
Such resolution shall be transmitted to the metropolitan council.
(2) A petition calling for such an election shall be signed
by at least four percent of the registered voters residing
within the metropolitan area and shall be filed with the auditor of the central county.
Any resolution or petition calling for such an election
shall name the additional metropolitan functions which the
metropolitan municipal corporation shall be authorized to
perform.
Upon receipt of such a petition, the auditor shall examine
the signatures thereon and certify to the sufficiency thereof.
For the purpose of examining the signatures on such petition,
the auditor shall be permitted access to all voter registration
books of any component county and of all component cities.
No person may withdraw his name from a petition after it has
been filed with the auditor. Within thirty days following the
receipt of such petition, the auditor shall transmit the same to
the metropolitan council, together with his certificate as to
the sufficiency of signatures thereon.
Upon receipt of a valid resolution or duly certified petition calling for an election on the authorization of the performance of one or more additional metropolitan functions, the
metropolitan council shall cause to be called a special election to be held not more than one hundred and twenty days
nor less than sixty days following such receipt. Such special
election shall be conducted and canvassed as provided in this
chapter for an election on the question of forming a metropolitan municipal corporation. The ballot proposition shall be in
substantially the following form:
"Shall the . . . . . . metropolitan municipal corporation be authorized to perform the additional metropolitan functions of . . . . . . (here insert the title of
each of the additional functions to be authorized as
set forth in the petition or resolution)?
YES . . . . . . . . . . . . . . . . . . . .â
NO . . . . . . . . . . . . . . . . . . . .â "
Conduct of elections—Canvass: RCW 29A.60.010.
If a majority of the persons voting on the proposition shall
vote in favor thereof, the metropolitan municipal corporation
shall be authorized to perform such additional metropolitan
function or functions. [1967 c 105 § 2; 1965 c 7 § 35.58.100.
Prior: 1957 c 213 § 10.]
35.58.100 Additional functions—Authorized by election. A metropolitan municipal corporation may be authorized to perform one or more metropolitan functions in addition to those which it has previously been authorized to perform, with the approval of the voters at an election, in the
manner provided in this section.
35.58.110 Additional functions—Authorized without
election. A metropolitan municipal corporation may be
authorized to perform one or more metropolitan functions in
addition to those which it previously has been authorized to
perform, without an election, in the manner provided in this
section. A resolution providing for the performance of such
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
Canvassing the returns, generally: Chapter 29A.60 RCW.
35.58.100
(2008 Ed.)
35.58.110
[Title 35 RCW—page 201]
35.58.112
Title 35 RCW: Cities and Towns
additional metropolitan function or functions shall be
adopted by the metropolitan council. A copy of such resolution shall be transmitted by registered mail to the legislative
body of each component city and county. If, within ninety
days after the date of such mailing, a concurring resolution is
adopted by the legislative body of each component county, of
each component city of the first class, and of at least twothirds of all other component cities, and such concurring resolutions are transmitted to the metropolitan council, such
council shall by resolution declare that the metropolitan
municipal corporation has been authorized to perform such
additional metropolitan function or functions. A copy of such
resolution shall be transmitted by registered mail to the legislative body of each component city and county and of each
special district which will be affected by the particular additional metropolitan function authorized. [1965 c 7 §
35.58.110. Prior: 1957 c 213 § 11.]
Election required to authorize public transportation function: RCW
35.58.245.
35.58.112 Recommended comprehensive plan for
performance of additional function—Study and preparation. The metropolitan council of a metropolitan municipal
corporation upon the affirmative vote of two-thirds of the
members of such council may make planning, engineering,
legal, financial and feasibility studies preliminary to or incident to the preparation of a recommended comprehensive
plan for any metropolitan function, and may prepare such a
recommended comprehensive plan before the metropolitan
municipal corporation has been authorized to perform such
function. The studies and plan may cover territory within and
without the metropolitan municipal corporation. A recommended comprehensive plan prepared pursuant to this section
for any metropolitan function may not be adopted by the metropolitan council unless the metropolitan municipal corporation shall have been authorized to perform such function.
[1967 c 105 § 7.]
35.58.112
35.58.114 Recommended comprehensive plan for
performance of additional function—Resolution for special election to authorize additional function—Contents—Hearings—Election procedure. Whenever a recommended comprehensive plan for the performance of any
additional metropolitan function shall have been prepared
and the metropolitan council shall have found the plan to be
feasible the council may by resolution call a special election
to authorize the performance of such additional function
without the filing of the petitions or resolutions provided for
in RCW 35.58.100.
If the metropolitan council shall determine that the performance of such function requires enlargement of the metropolitan area, such resolution shall contain a description of the
boundaries of the proposed metropolitan area and may be
adopted only after a public hearing thereon before the council. Notice of such hearing shall be published once a week for
at least two consecutive weeks in one or more newspapers of
general circulation within the proposed metropolitan area.
The notice shall contain a description of the boundaries of the
proposed metropolitan area, shall name the additional function or functions to be performed and shall state the time and
place of the hearing and the fact that any changes in the
35.58.114
[Title 35 RCW—page 202]
boundaries of the proposed metropolitan area will be considered at such time and place. At such hearing any interested
person may appear and be heard. The council may make such
changes in the proposed metropolitan area as they shall deem
reasonable and proper, but may not delete any portion of the
existing metropolitan area and may not delete any portion of
the proposed additional area which will create an island of
included or excluded lands. If the council shall determine that
the proposed additional area should be further enlarged, a
second hearing shall be held and notice given in the same
manner as for the original hearing. The council may adjourn
the hearing or hearings from time to time.
Following the conclusion of such hearing or hearings the
council may adopt a resolution fixing the boundaries of the
proposed metropolitan area and calling a special election on
the performance of such additional function. If the metropolitan municipal corporation is then authorized to perform the
function of metropolitan sewage disposal the council may
provide in such resolution that local governmental agencies
collecting sewage from areas outside the metropolitan area as
same is constituted on the date of adoption of such resolution
will not thereafter be required to discharge such sewage into
the metropolitan sewer system or to secure approval of local
construction plans from the metropolitan municipal corporation unless such local agency shall first have entered into a
contract with the metropolitan municipal corporation for the
disposal of such sewage. The metropolitan council may also
provide in such resolution that the authorization to perform
such additional function be effective only if the voters at such
election also authorize the issuance of any general obligation
bonds required to carry out the recommended comprehensive
plan.
The resolution calling such election shall fix the form of
the ballot proposition and the same may vary from that specified in RCW 35.58.100. If the metropolitan council shall
find that the issuance of general obligation bonds is necessary
to perform such additional function and to carry out such recommended comprehensive plan then the ballot proposition
shall set forth the principal amount of such bonds and the
maximum maturity thereof and the proposition shall be so
worded that the voters may by a single yes or no vote authorize the performance of the designated function in the area
described in the resolution and the issuance of such general
obligation bonds.
The persons voting at such election shall be all of the
qualified voters who have resided within the boundaries of
the proposed metropolitan area for at least thirty days preceding the date of the election. The election shall be conducted
and canvassed as provided in RCW 35.58.090.
If the resolution calling such election does not require
the approval of general obligation bonds as a condition of the
performance of such additional function and if a majority of
the persons voting on the ballot proposition residing within
the existing metropolitan municipal corporation shall vote in
favor thereof and a majority of the persons residing within the
area proposed to be added to the existing metropolitan
municipal corporation shall vote in favor thereof the boundaries described in the resolution calling the election shall
become the boundaries of the metropolitan municipal corporation and the metropolitan municipal corporation shall be
(2008 Ed.)
Metropolitan Municipal Corporations
35.58.160
authorized to perform the additional function described in the
proposition.
If the resolution calling such election shall require the
authorization of general obligation bonds as a condition of
the performance of such additional function, then to be effective the ballot proposition must be approved as provided in
the preceding paragraph and must also be approved by at
least three-fifths of the persons voting thereon and the number of persons voting on such proposition must constitute not
less than forty percent of the total number of votes cast within
such area at the last preceding state general election. [1967 c
105 § 8.]
members of the council shall constitute a quorum for the
transaction of business. A smaller number of council members than a quorum may adjourn from time to time and may
compel the attendance of absent members in such manner
and under such penalties as the council may provide. The
council shall determine its own rules and order of business,
shall provide by resolution for the manner and time of holding all regular and special meetings and shall keep a journal
of its proceedings which shall be a public record. Every legislative act of the council of a general or permanent nature
shall be by resolution. [1965 c 7 § 35.58.130. Prior: 1957 c
213 § 13.]
35.58.116 Proposition for issuance of general obligation bonds or levy of general tax—Submission at same
election or special election. The metropolitan council may
at the same election called to authorize the performance of an
additional function or at a special election called by the council after it has been authorized to perform any metropolitan
function submit a proposition for the issuance of general obligation bonds for capital purposes as provided in RCW
35.58.450 or a proposition for the levy of a general tax for
any authorized purpose for one year in such total dollar
amount as the metropolitan council may determine and specify in such proposition. Any such proposition to be effective
must be assented to by at least three-fifths of the persons voting thereon and the number of persons voting on such proposition shall constitute not less than forty percent of the total
number of votes cast within the metropolitan area at the last
preceding state general election. Any such proposition shall
only be effective if the performance of the additional function
shall be authorized at such election or shall have been authorized prior thereto. [1967 c 105 § 9.]
35.58.140 Metropolitan council—Terms. Each member of a metropolitan council except those selected under the
provisions of *RCW 35.58.120 (1)(a), (5), (7), and (8), shall
hold office at the pleasure of the body which selected him.
Each member, who shall hold office ex officio, may not hold
office after he ceases to hold the position of elected county
executive, mayor, commissioner, or councilman. The chairman shall hold office until the second Tuesday in July of each
even-numbered year and may, if reelected, serve more than
one term. Each member shall hold office until his successor
has been selected as provided in this chapter. [1971 ex.s. c
303 § 6; 1969 ex.s. c 135 § 2; 1967 c 105 § 4; 1965 c 7 §
35.58.140. Prior: 1957 c 213 § 14.]
35.58.116
35.58.120 Metropolitan council—Composition.
Unless the rights, powers, functions, and obligations of a
metropolitan municipal corporation have been assumed by a
county as provided in chapter 36.56 RCW, a metropolitan
municipal corporation shall be governed by a metropolitan
council composed of elected officials of the component counties and component cities, and possibly other persons, as
determined by agreement of each of the component counties
and the component cities equal in number to at least twentyfive percent of the total number of component cities that have
at least seventy-five percent of the combined component city
populations. The agreement shall remain in effect until
altered in the same manner as the initial composition is determined. [1993 c 240 § 4; 1983 c 92 § 1; 1981 c 190 § 3; 1974
ex.s. c 70 § 5; 1971 ex.s. c 303 § 5; 1969 ex.s. c 135 § 1; 1967
c 105 § 3; 1965 c 7 § 35.58.120. Prior: 1957 c 213 § 12.]
35.58.120
35.58.130 Metropolitan council—Organization,
chairman, procedures. At the first meeting of the metropolitan council following the formation of a metropolitan municipal corporation, the mayor of the central city shall serve as
temporary chairman. As its first official act the council shall
elect a chairman. The chairman shall be a voting member of
the council and shall preside at all meetings. In the event of
his absence or inability to act the council shall select one of
its members to act as chairman pro tempore. A majority of all
35.58.130
(2008 Ed.)
35.58.140
*Reviser’s note: RCW 35.58.120 was amended by 1993 c 240 § 4
deleting subsections (1)(a), (5), (7), and (8).
35.58.150 Metropolitan council—Vacancies. A
vacancy in the office of a member of the metropolitan council
shall be filled in the same manner as provided for the original
selection. The meeting of mayors to fill a vacancy of the
member selected under the provisions of *RCW 35.58.120(4)
or of special district representatives to fill a vacancy of a
member selected under *RCW 35.58.120(7) shall be held at
such time and place as shall be designated by the chairman of
the metropolitan council after ten days’ written notice mailed
to the mayors of each of the cities specified in *RCW
35.58.120(4) or to the representatives of the special purpose
districts specified in *RCW 35.58.120(7), whichever is applicable. [1984 c 44 § 1; 1967 c 105 § 5; 1965 c 7 § 35.58.150.
Prior: 1957 c 213 § 15.]
35.58.150
*Reviser’s note: RCW 35.58.120 was amended by 1993 c 240 § 4
deleting subsections (4) and (7).
35.58.160 Metropolitan council—Compensation—
Waiver of compensation. The chairman and committee
chairmen of the metropolitan council except elected public
officials serving on a full-time salaried basis may receive
such compensation as the other members of the metropolitan
council shall provide. Members of the council other than the
chairman and committee chairmen shall receive compensation of fifty dollars per day or portion thereof for attendance
at metropolitan council or committee meetings, or for performing other services on behalf of the metropolitan municipal corporation, but not exceeding a total of four thousand
eight hundred dollars in any year, in addition to any compensation which they may receive as officers of component cities
or counties: PROVIDED, That elected public officers serving in such capacities on a full-time basis shall not receive
35.58.160
[Title 35 RCW—page 203]
35.58.170
Title 35 RCW: Cities and Towns
compensation for attendance at metropolitan, council, or
committee meetings, or otherwise performing services on
behalf of the metropolitan municipal corporation: PROVIDED FURTHER, That committee chairmen shall not
receive compensation in any one year greater than one-third
of the compensation authorized for the county commissioners
or county councilmen of the central county.
Any member of the council may waive all or any portion
of his or her compensation payable under this section as to
any month or months during his or her term of office, by a
written waiver filed with the council as provided in this section. The waiver, to be effective, must be filed any time after
the member’s selection and prior to the date on which the
compensation would otherwise be paid. The waiver shall
specify the month or period of months for which it is made.
All members of the council shall be reimbursed for
expenses actually incurred by them in the conduct of official
business for the metropolitan municipal corporation. [1985 c
330 § 1; 1974 ex.s. c 84 § 2; 1965 c 7 § 35.58.160. Prior:
1957 c 213 § 16.]
35.58.170 Corporation name and seal. The name of a
metropolitan municipal corporation shall be established by its
metropolitan council. Each metropolitan municipal corporation shall adopt a corporate seal containing the name of the
corporation and the date of its formation. [1965 c 7 §
35.58.170. Prior: 1957 c 213 § 17.]
35.58.170
35.58.180
35.58.180 General powers of corporation. In addition
to the powers specifically granted by this chapter a metropolitan municipal corporation shall have all powers which are
necessary to carry out the purposes of the metropolitan
municipal corporation and to perform authorized metropolitan functions. A metropolitan municipal corporation may
contract with the United States or any agency thereof, any
state or agency thereof, any other metropolitan municipal
corporation, any county, city, special district, or governmental agency and any private person, firm or corporation for the
purpose of receiving gifts or grants or securing loans or
advances for preliminary planning and feasibility studies, or
for the design, construction or operation of metropolitan
facilities and a metropolitan municipal corporation may contract with any governmental agency or with any private person, firm or corporation for the use by either contracting
party of all or any part of the facilities, structures, lands, interests in lands, air rights over lands and rights-of-way of all
kinds which are owned, leased or held by the other party and
for the purpose of planning, constructing or operating any
facility or performing any service which the metropolitan
municipal corporation may be authorized to operate or perform, on such terms as may be agreed upon by the contracting
parties: PROVIDED, That before any contract for the lease
or operation of any metropolitan public transportation facilities shall be let to any private person, firm or corporation, a
general schedule of rental rates for bus equipment with or
without drivers shall be publicly posted applicable to all private certificated carriers, and for other facilities competitive
bids shall first be called upon such notice, bidder qualifications and bid conditions as the metropolitan council shall
determine.
[Title 35 RCW—page 204]
A metropolitan municipal corporation may sue and be
sued in its corporate capacity in all courts and in all proceedings. [1974 ex.s. c 84 § 3; 1967 c 105 § 6; 1965 c 7 §
35.58.180. Prior: 1957 c 213 § 18.]
35.58.190 Performance of function or functions—
Commencement date. The metropolitan council shall provide by resolution the effective date on which the metropolitan municipal corporation will commence to perform any one
or more of the metropolitan functions which it shall have
been authorized to perform. [1965 c 7 § 35.58.190. Prior:
1957 c 213 § 19.]
35.58.190
35.58.200 Powers relative to water pollution abatement. If a metropolitan municipal corporation shall be
authorized to perform the function of metropolitan water pollution abatement, it shall have the following powers in addition to the general powers granted by this chapter:
(1) To prepare a comprehensive water pollution abatement plan including provisions for waterborne pollutant
removal, water quality improvement, sewage disposal, and
storm water drainage for the metropolitan area.
(2) To acquire by purchase, condemnation, gift, or grant
and to lease, construct, add to, improve, replace, repair, maintain, operate and regulate the use of metropolitan facilities for
water pollution abatement, including but not limited to,
removal of waterborne pollutants, water quality improvement, sewage disposal and storm water drainage within or
without the metropolitan area, including but not limited to
trunk, interceptor and outfall sewers, whether used to carry
sanitary waste, storm water, or combined storm and sanitary
sewage, lift and pumping stations, pipelines, drains, sewage
treatment plants, flow control structures together with all
lands, property rights, equipment and accessories necessary
for such facilities. Sewer facilities which are owned by a
county, city, or special district may be acquired or used by the
metropolitan municipal corporation only with the consent of
the legislative body of the county, city, or special districts
owning such facilities. Counties, cities, and special districts
are hereby authorized to convey or lease such facilities to
metropolitan municipal corporations or to contract for their
joint use on such terms as may be fixed by agreement
between the legislative body of such county, city, or special
district and the metropolitan council, without submitting the
matter to the voters of such county, city, or district.
(3) To require counties, cities, special districts and other
political subdivisions to discharge sewage collected by such
entities from any portion of the metropolitan area which can
drain by gravity flow into such metropolitan facilities as may
be provided to serve such areas when the metropolitan council shall declare by resolution that the health, safety, or welfare of the people within the metropolitan area requires such
action.
(4) To fix rates and charges for the use of metropolitan
water pollution abatement facilities, and to expend the moneys so collected for authorized water pollution abatement
activities.
(5) To establish minimum standards for the construction
of local water pollution abatement facilities and to approve
plans for construction of such facilities by component coun35.58.200
(2008 Ed.)
Metropolitan Municipal Corporations
ties or cities or by special districts, which are connected to the
facilities of the metropolitan municipal corporation. No such
county, city, or special district shall construct such facilities
without first securing such approval.
(6) To acquire by purchase, condemnation, gift, or grant,
to lease, construct, add to, improve, replace, repair, maintain,
operate and regulate the use of facilities for the local collection of sewage or storm water in portions of the metropolitan
area not contained within any city or special district operating local public sewer facilities and, with the consent of the
legislative body of any such city or special district, to exercise such powers within such city or special district and for
such purpose to have all the powers conferred by law upon
such city or special district with respect to such local collection facilities: PROVIDED, That such consent shall not be
required if the department of ecology certifies that a water
pollution problem exists within any such city or special district and notifies the city or special district to correct such
problem and corrective construction of necessary local collection facilities shall not have been commenced within one
year after notification. All costs of such local collection facilities shall be paid for by the area served thereby.
(7) To participate fully in federal and state programs
under the federal water pollution control act (86 Stat. 816 et
seq., 33 U.S.C. 1251 et seq.) and to take all actions necessary
to secure to itself or its component agencies the benefits of
that act and to meet the requirements of that act, including but
not limited to the following:
(a) authority to develop and implement such plans as
may be appropriate or necessary under the act.
(b) authority to require by appropriate regulations that its
component agencies comply with all effluent treatment and
limitation requirements, standards of performance requirements, pretreatment requirements, a user charge and industrial cost recovery system conforming to federal regulation,
and all conditions of national permit discharge elimination
system permits issued to the metropolitan municipal corporation or its component agencies. Adoption of such regulations
and compliance therewith shall not constitute a breach of any
sewage disposal contract between a metropolitan municipal
corporation and its component agencies nor a defense to an
action for the performance of all terms and conditions of such
contracts not inconsistent with such regulations and such
contracts, as modified by such regulations, shall be in all
respects valid and enforceable. [1975 c 36 § 1; 1974 ex.s. c
70 § 6; 1971 ex.s. c 303 § 7; 1965 c 7 § 35.58.200. Prior:
1957 c 213 § 20.]
35.58.210 Metropolitan water pollution abatement
advisory committee. If a metropolitan municipal corporation shall be authorized to perform the function of metropolitan water pollution abatement, the metropolitan council shall,
prior to the effective date of the assumption of such function,
cause a metropolitan water pollution abatement advisory
committee to be formed by notifying the legislative body of
each component city and county which operates a sewer system to appoint one person to serve on such advisory committee and the board of commissioners of each water-sewer district which operates a sewer system, any portion of which lies
within the metropolitan area, to appoint one person to serve
on such committee who shall be a commissioner of such a
35.58.210
(2008 Ed.)
35.58.220
water-sewer district. The metropolitan water pollution abatement advisory committee shall meet at the time and place
provided in the notice and elect a chairman. The members of
such committee shall serve at the pleasure of the appointing
bodies and shall receive no compensation other than reimbursement for expenses actually incurred in the performance
of their duties. The function of such advisory committee shall
be to advise the metropolitan council in matters relating to the
performance of the water pollution abatement function.
[1999 c 153 § 33; 1974 ex.s. c 70 § 7; 1965 c 7 § 35.58.210.
Prior: 1957 c 213 § 21.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
35.58.215 Powers relative to systems of sewerage. A
metropolitan municipal corporation authorized to perform
water pollution abatement may exercise all the powers relating to systems of sewerage authorized by RCW 36.94.010,
36.94.020, and 36.94.140 for counties. [1997 c 447 § 13.]
35.58.215
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
35.58.220 Powers relative to water supply. If a metropolitan municipal corporation shall be authorized to perform the function of metropolitan water supply, it shall have
the following powers in addition to the general powers
granted by this chapter:
(1) To prepare a comprehensive plan for the development of sources of water supply, trunk supply mains and
water treatment and storage facilities for the metropolitan
area.
(2) To acquire by purchase, condemnation, gift or grant
and to lease, construct, add to, improve, replace, repair, maintain, operate and regulate the use of metropolitan facilities for
water supply within or without the metropolitan area, including buildings, structures, water sheds, wells, springs, dams,
settling basins, intakes, treatment plants, trunk supply mains
and pumping stations, together with all lands, property,
equipment and accessories necessary to enable the metropolitan municipal corporation to obtain and develop sources of
water supply, treat and store water and deliver water through
trunk supply mains. Water supply facilities which are owned
by a city or special district may be acquired or used by the
metropolitan municipal corporation only with the consent of
the legislative body of the city or special district owning such
facilities. Cities and special districts are hereby authorized to
convey or lease such facilities to metropolitan municipal corporations or to contract for their joint use on such terms as
may be fixed by agreement between the legislative body of
such city or special district and the metropolitan council,
without submitting the matter to the voters of such city or
special district.
(3) To fix rates and charges for water supplied by the
metropolitan municipal corporation.
(4) To acquire by purchase, condemnation, gift or grant
and to lease, construct, add to, improve, replace, repair, maintain, operate and regulate the use of facilities for the local distribution of water in portions of the metropolitan area not
contained within any city, or water-sewer district that operates a water system, and, with the consent of the legislative
body of any city or the water-sewer district, to exercise such
powers within such city or water-sewer district and for such
35.58.220
[Title 35 RCW—page 205]
35.58.230
Title 35 RCW: Cities and Towns
purpose to have all the powers conferred by law upon such
city or water-sewer district with respect to such local distribution facilities. All costs of such local distribution facilities
shall be paid for by the area served thereby. [1999 c 153 § 34;
1965 c 7 § 35.58.220. Prior: 1957 c 213 § 22.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
35.58.230 Metropolitan water advisory committee. If
a metropolitan municipal corporation shall be authorized to
perform the function of metropolitan water supply, the metropolitan council shall, prior to the effective date of the
assumption of such function, cause a metropolitan water
advisory committee to be formed by notifying the legislative
body of each component city which operates a water system
to appoint one person to serve on such advisory committee
and the board of commissioners of each water-sewer district
that operates a water system, any portion of which lies within
the metropolitan area, to appoint one person to serve on such
committee who shall be a water-sewer district commissioner.
The metropolitan water advisory committee shall meet at the
time and place provided in the notice and elect a chairman.
The members of such committee shall serve at the pleasure of
the appointing bodies and shall receive no compensation
other than reimbursement for expenses actually incurred in
the performance of their duties. The function of such advisory committee shall be to advise the metropolitan council
with respect to matters relating to the performance of the
water supply function.
The requirement to create a metropolitan water advisory
committee shall not apply to a county that has assumed the
rights, powers, functions, and obligations of the metropolitan
municipal corporation under chapter 36.56 RCW. [1999 c
153 § 35; 1993 c 240 § 5; 1965 c 7 § 35.58.230. Prior: 1957
c 213 § 23.]
35.58.230
Part headings not law—1999 c 153: See note following RCW
57.04.050.
35.58.240 Powers relative to transportation. If a metropolitan municipal corporation shall be authorized to perform the function of metropolitan transportation, it shall have
the following powers in addition to the general powers
granted by this chapter:
(1) To prepare, adopt, and carry out a general comprehensive plan for public transportation service which will best
serve the residents of the metropolitan area and to amend said
plan from time to time to meet changed conditions and
requirements.
(2) To acquire by purchase, condemnation, gift, or grant
and to lease, construct, add to, improve, replace, repair, maintain, operate, and regulate the use of metropolitan transportation facilities and properties within or without the metropolitan area, including systems of surface, underground, or overhead railways, tramways, buses, or any other means of local
transportation except taxis, and including escalators, moving
sidewalks, or other people-moving systems, passenger terminal and parking facilities and properties, and such other facilities and properties as may be necessary for passenger and
vehicular access to and from such people-moving systems,
terminal and parking facilities and properties, together with
all lands, rights-of-way, property, equipment, and accessories
35.58.240
[Title 35 RCW—page 206]
necessary for such systems and facilities. Public transportation facilities and properties which are owned by any city
may be acquired or used by the metropolitan municipal corporation only with the consent of the city council of the city
owning such facilities. Cities are hereby authorized to convey
or lease such facilities to metropolitan corporations or to contract for their joint use on such terms as may be fixed by
agreement between the city council of such city and the metropolitan council, without submitting the matter to the voters
of such city.
The facilities and properties of a metropolitan public
transportation system whose vehicles will operate primarily
within the rights-of-way of public streets, roads, or highways,
may be acquired, developed and operated without the corridor and design hearings which are required by *RCW
35.58.273 for mass transit facilities operating on a separate
right-of-way.
(3) To fix rates, tolls, fares, and charges for the use of
such facilities and to establish various routes and classes of
service. Fares or charges may be adjusted or eliminated for
any distinguishable class of users including, but not limited
to, senior citizens, handicapped persons, and students.
Classes of service and fares will be maintained in the several
parts of the metropolitan area at such levels as will provide,
insofar as reasonably practicable, that the portion of any
annual transit operating deficit of the metropolitan municipal
corporation attributable to the operation of all routes, taken as
a whole, which are located within the central city is approximately in proportion to the portion of total taxes collected by
or on behalf of the metropolitan municipal corporation for
transit purposes within the central city, and that the portion of
such annual transit operating deficit attributable to the operation of all routes, taken as a whole, which are located outside
the central city, is approximately in proportion to the portion
of such taxes collected outside the central city.
In the event any metropolitan municipal corporation
shall extend its metropolitan transportation function to any
area or service already offered by any company holding a certificate of public convenience and necessity from the Washington utilities and transportation commission under RCW
81.68.040, it shall by purchase or condemnation acquire at
the fair market value, from the person holding the existing
certificate for providing the services, that portion of the operating authority and equipment representing the services
within the area of public operation. [1981 c 25 § 1; 1971 ex.s.
c 303 § 8; 1967 c 105 § 11; 1965 c 7 § 35.58.240. Prior: 1957
c 213 § 24.]
*Reviser’s note: RCW 35.58.273 was repealed by 2002 c 6 § 2.
35.58.245
35.58.245 Public transportation function—Authorization by election required—Procedure. Notwithstanding
any other provision of chapter 35.58 RCW a metropolitan
municipal corporation may perform the function of metropolitan public transportation only if the performance of such
function is authorized by election. The metropolitan council
may call such election and certify the ballot proposition. The
election shall be conducted and canvassed as provided in
RCW 35.58.090 and the municipality shall be authorized to
perform the function of metropolitan public transportation if
(2008 Ed.)
Metropolitan Municipal Corporations
a majority of the persons voting on the proposition shall vote
in favor. [1971 ex.s. c 303 § 1.]
35.58.250 Other local public passenger transportation service prohibited—Agreements—Purchase—Condemnation. Except in accordance with an agreement made
as provided herein, upon the effective date on which the metropolitan municipal corporation commences to perform the
metropolitan transportation function, no person or private
corporation shall operate a local public passenger transportation service within the metropolitan area with the exception
of taxis, busses owned or operated by a school district or private school, and busses owned or operated by any corporation or organization solely for the purposes of the corporation
or organization and for the use of which no fee or fare is
charged.
An agreement may be entered into between the metropolitan municipal corporation and any person or corporation
legally operating a local public passenger transportation service wholly within or partly within and partly without the
metropolitan area and on said effective date under which such
person or corporation may continue to operate such service or
any part thereof for such time and upon such terms and conditions as provided in such agreement. Where any such local
public passenger transportation service will be required to
cease to operate within the metropolitan area, the commission
may agree with the owner of such service to purchase the
assets used in providing such service, or if no agreement can
be reached, the commission shall condemn such assets in the
manner provided herein for the condemnation of other properties.
Wherever a privately owned public carrier operates
wholly or partly within a metropolitan municipal corporation,
the Washington utilities and transportation commission shall
continue to exercise jurisdiction over such operation as provided by law. [1965 c 7 § 35.58.250. Prior: 1957 c 213 § 25.]
35.58.250
35.58.260 Transportation function—Acquisition of
city system. If a metropolitan municipal corporation shall be
authorized to perform the metropolitan transportation function, it shall, upon the effective date of the assumption of
such power, have and exercise all rights with respect to the
construction, acquisition, maintenance, operation, extension,
alteration, repair, control and management of passenger
transportation which any component city shall have been previously empowered to exercise and such powers shall not
thereafter be exercised by such component cities without the
consent of the metropolitan municipal corporation: PROVIDED, That any city owning and operating a public transportation system on such effective date may continue to operate such system within such city until such system shall have
been acquired by the metropolitan municipal corporation and
a metropolitan municipal corporation may not acquire such
system without the consent of the city council of such city.
[1965 c 7 § 35.58.260. Prior: 1957 c 213 § 26.]
35.58.260
35.58.262 Transportation function—Fuel purchasing strategies—Reports. (1) In performing the metropolitan
transportation function, metropolitan municipal corporations
and counties that have assumed the rights, powers, functions,
35.58.262
(2008 Ed.)
35.58.265
and obligations of metropolitan municipal corporations under
chapter 36.56 RCW may explore and implement strategies
designed to reduce the overall cost of fuel and mitigate the
impact of market fluctuations and pressure on both shortterm and long-term fuel costs. These strategies may include,
but are not limited to, futures contracts, hedging, swap transactions, option contracts, costless collars, and long-term storage.
(2) Metropolitan municipal corporations and counties
that have assumed the rights, powers, functions, and obligations of metropolitan municipal corporations under chapter
36.56 RCW that choose to implement the strategies authorized in this section must submit periodic reports to the transportation committees of the legislature on the status of any
such implemented strategies. Each report must include a
description of each contract established to mitigate fuel costs,
the amounts of fuel covered by the contracts, the cost mitigation results, and any related recommendations. The first
report must be submitted within one year of implementation.
[2008 c 126 § 2.]
Finding—Intent—2008 c 126: "The legislature finds and declares that
units of state and local government purchasing large amounts of fuel in the
regular course of performing their function should have substantial flexibility in acquiring fuel to obtain predictability and control of fuel costs, and to
maximize the use of renewable fuels. The legislature hereby declares its
intent to allow certain units of government that regularly purchase large
amounts of fuel to explore and implement strategies that are designed to
reduce the overall cost of fuel and mitigate the impact of market fluctuations
and pressure on both short-term and long-term fuel costs." [2008 c 126 § 1.]
35.58.263 Transportation function—Fuel purchasing strategies—Liability immunity. If metropolitan municipal corporations and counties that have assumed the rights,
powers, functions, and obligations of metropolitan municipal
corporations under chapter 36.56 RCW choose to implement
the strategies authorized in RCW 35.58.262, the state is not
liable for any financial losses that may be incurred as the
result of participating in such strategies. [2008 c 126 § 3.]
35.58.263
Finding—Intent—2008 c 126: See note following RCW 35.58.262.
35.58.265 Acquisition of existing transportation system—Assumption of labor contracts—Transfer of
employees—Preservation of employee benefits—Collective bargaining. If a metropolitan municipal corporation
shall perform the metropolitan transportation function and
shall acquire any existing transportation system, it shall
assume and observe all existing labor contracts relating to
such system and, to the extent necessary for operation of
facilities, all of the employees of such acquired transportation
system whose duties are necessary to operate efficiently the
facilities acquired shall be appointed to comparable positions
to those which they held at the time of such transfer, and no
employee or retired or pensioned employee of such systems
shall be placed in any worse position with respect to pension
seniority, wages, sick leave, vacation or other benefits that he
enjoyed as an employee of such system prior to such acquisition. The metropolitan municipal corporation shall engage in
collective bargaining with the duly appointed representatives
of any employee labor organization having existing contracts
with the acquired transportation system and may enter into
labor contracts with such employee labor organization.
[1965 c 91 § 1.]
35.58.265
[Title 35 RCW—page 207]
35.58.268
Title 35 RCW: Cities and Towns
Retention of employees, preservation of pension rights and other benefits
upon acquisition of metropolitan facility: RCW 35.58.380 through
35.58.400.
35.58.268
35.58.268 Public transportation employees—Payroll
deduction for political action committees. Any public official authorized to disburse funds in payment of salaries and
wages of public transportation employees may, upon written
request of the employee, deduct from the salary or wages of
the employee, contributions for payment of voluntary deductions for political action committees sponsored by labor or
employee organizations with public transportation employees as members. For the purposes of this section, "public
transportation employees" means employees of a public
transportation system specified in RCW 35.58.272 who are
covered by a collective bargaining agreement. [1985 c 204 §
1.]
35.58.270
35.58.270 Metropolitan transit commission. If a metropolitan municipal corporation shall be authorized to perform the function of metropolitan transportation with a commission form of management, a metropolitan transit commission shall be formed prior to the effective date of the
assumption of such function. Except as provided in this section, the metropolitan transit commission shall exercise all
powers of the metropolitan municipal corporation with
respect to metropolitan transportation facilities, including but
not limited to the power to construct, acquire, maintain, operate, extend, alter, repair, control and manage a local public
transportation system within and without the metropolitan
area, to establish new passenger transportation services and
to alter, curtail, or abolish any services as the commission
may deem desirable and to fix tolls and fares.
The comprehensive plan for public transportation service and any amendments thereof shall be adopted by the
metropolitan council and the metropolitan transit commission shall provide transportation facilities and service consistent with such plan. The metropolitan transit commission
shall authorize expenditures for transportation purposes
within the budget adopted by the metropolitan council. Tolls
and fares may be fixed or altered by the commission only
after approval thereof by the metropolitan council. Bonds of
the metropolitan municipal corporation for public transportation purposes shall be issued by the metropolitan council as
provided in this chapter.
The metropolitan transit commission shall consist of
seven members. Six of such members shall be appointed by
the metropolitan council and the seventh member shall be the
chairman of the metropolitan council who shall be ex officio
the chairman of the metropolitan transit commission. Three
of the six appointed members of the commission shall be residents of the central city and three shall be residents of the
metropolitan area outside of the central city. The three central
city members of the first metropolitan transit commission
shall be selected from the existing transit commission of the
central city, if there be a transit commission in such city. The
terms of first appointees shall be for one, two, three, four, five
and six years, respectively. Thereafter, commissioners shall
serve for a term of four years. Compensation of transit commissioners shall be determined by the metropolitan council.
[Title 35 RCW—page 208]
The requirement to create a metropolitan transit commission shall not apply to a county that has assumed the rights,
powers, functions, and obligations of the metropolitan
municipal corporation under chapter 36.56 RCW. [1993 c
240 § 6; 1967 c 105 § 12; 1965 c 7 § 35.58.270. Prior: 1957
c 213 § 27.]
35.58.271 Public transportation in municipalities—
Financing. See chapter 35.95 RCW.
35.58.271
35.58.2711 Local sales and use taxes for financing
public transportation systems. See RCW 82.14.045
through 82.14.060.
35.58.2711
35.58.2712 Public transportation feasibility study—
Advanced financial support payments. Any municipality,
as defined in RCW 35.95.020, may be eligible to receive a
one-time advanced financial support payment to perform a
feasibility study to determine the need for public transportation to serve its residents. This payment shall be governed by
the following conditions:
(1) The payment shall precede any advanced financial
support payment to develop a plan pursuant to RCW
36.57A.150;
(2) The amount of such payment shall be commensurate
with the number of residents in and the size of the land area
of such municipality and the number and size of school districts in such municipality and shall not exceed one hundred
ten thousand dollars; and
(3) Repayment of an advanced financial support payment shall be made to the general fund by the municipality
within two years after the date such advanced payment was
received. The study shall be completed within one year after
the date such advanced payment was received. The study and
its recommendations shall then be presented to the legislative
authority of the municipality. Within six months of its receipt
of the study and its recommendations, the legislative authority shall pass a resolution adopting or rejecting all or part of
the study. A copy of the resolution shall be transmitted to the
state agency administering this section. Such repayment shall
be waived within two years of the date such advanced payment was received if the legislative authority or the voters in
such municipality do not elect to levy and collect taxes to
support public transportation in their area. Such repayment
shall not be waived in the event any of the provisions of this
subsection are not followed;
(4) The feasibility study shall give consideration to consolidating or coordinating all or any portion of the K-12 pupil
transportation system within the proposed boundaries of the
municipality. Any school district lying wholly or in part
within the proposed boundaries shall fully cooperate in the
study unless the school board shall pass a resolution to the
contrary setting forth the reasons therefor. A copy of the resolution shall be forwarded to the secretary of the department
of transportation for inclusion in the municipality’s application file.
The department of transportation shall provide technical
assistance in the preparation of feasibility studies, and shall
adopt reasonable rules and regulations to carry out the provisions of this section. [1979 c 59 § 1; 1977 ex.s. c 44 § 6.]
35.58.2712
(2008 Ed.)
Metropolitan Municipal Corporations
Severability—Effective date—1977 ex.s. c 44: See notes following
RCW 36.57A.030.
35.58.272 Public transportation systems—Definitions. "Municipality" as used in *RCW 35.58.272 through
35.58.279, as now or hereafter amended, and in RCW
36.57.080, 36.57.100, 36.57.110, 35.58.2721, 35.58.2794,
and chapter 36.57A RCW, means any metropolitan municipal corporation which shall have been authorized to perform
the function of metropolitan public transportation; any
county performing the public transportation function as
authorized by RCW 36.57.100 and 36.57.110 or which has
established a county transportation authority pursuant to
chapter 36.57 RCW; any public transportation benefit area
established pursuant to chapter 36.57A RCW; and any city,
which is not located within the boundaries of a metropolitan
municipal corporation, county transportation authority, or
public transportation benefit area, and which owns, operates
or contracts for the services of a publicly owned or operated
system of transportation: PROVIDED, That the term
"municipality" shall mean in respect to any county performing the public transportation function pursuant to RCW
36.57.100 and 36.57.110 only that portion of the unincorporated area lying wholly within such unincorporated transportation benefit area.
"Motor vehicle" as used in *RCW 35.58.272 through
35.58.279, as now or hereafter amended, shall have the same
meaning as in RCW 82.44.010.
"County auditor" shall mean the county auditor of any
county or any person designated to perform the duties of a
county auditor pursuant to RCW 82.44.140.
"Person" shall mean any individual, corporation, firm,
association or other form of business association. [1975 1st
ex.s. c 270 § 1; 1969 ex.s. c 255 § 7.]
35.58.272
*Reviser’s note: RCW 35.58.273 through 35.58.279 were repealed by
2002 c 6 § 2.
Severability—1975 1st ex.s. c 270: "If any provision of this 1975
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975 1st ex.s. c 270 § 30.]
Effective date—1975 1st ex.s. c 270: "This 1975 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1975." [1975 1st ex.s. c 270 § 31.]
Construction—1969 ex.s. c 255: "The powers and authority conferred
upon municipalities under the provisions of this 1969 act shall be in addition
to and supplemental to powers or authority conferred by any other law, and
nothing contained herein limits any other power or authority of such municipalities." [1969 ex.s. c 255 § 21.]
Severability—1969 ex.s. c 255: "If any provision of this 1969 act, or
its application to any municipality, person or circumstance is held invalid,
the remainder of this 1969 act or the application of the provisions to other
municipalities, persons or circumstances is not affected." [1969 ex.s. c 255
§ 22.]
Contracts between political subdivisions for services and use of public transportation systems: RCW 39.33.050.
35.58.2721 Public transportation systems—Authority of municipalities to acquire, operate, etc.—Indebtedness—Bond issues. (1) In addition to any other authority
now provided by law, and subject only to constitutional limitations, the governing body of any municipality shall be
authorized to acquire, construct, operate, and maintain a public transportation system and additions and betterments
35.58.2721
(2008 Ed.)
35.58.2794
thereto, and to issue general obligation bonds for public mass
transportation capital purposes including but not limited to
replacement of equipment: PROVIDED, That the general
indebtedness incurred under this section when considered
together with all the other outstanding general indebtedness
of the municipality shall not exceed the amounts of indebtedness authorized by chapter 39.36 RCW and chapter 35.58
RCW, as now or hereafter amended, to be incurred without
and with the assent of the voters. Such bonds may be in any
form, including bearer bonds or registered bonds as provided
in RCW 39.46.030.
Any municipality is authorized to pledge for the payment
or security of the principal of and interest on any bonds
issued for authorized public transportation purposes all or
any portion of any taxes authorized to be levied by the issuer,
including, but not limited to, the local sales and use tax authorized pursuant to RCW 82.14.045, as now or hereafter
amended. No motor vehicle excise taxes under *RCW
35.58.273 may be pledged for bonds.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1990 c 42 § 315; 1983 c 167 § 46; 1979 ex.s. c
175 § 1; 1975 1st ex.s. c 270 § 7.]
*Reviser’s note: RCW 35.58.273 was repealed by 2002 c 6 § 2.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—Effective date—1975 1st ex.s. c 270: See notes following RCW 35.58.272.
Financing of public transportation systems in municipalities: Chapter 35.95
RCW and RCW 82.14.045.
35.58.2794 Public t ransportat ion systems—
Research, testing, development, etc., of systems—Powers
to comply with federal laws. Any city, county, public transportation benefit area authority, county transportation authority, or metropolitan municipal corporation operating a public
transportation system shall be authorized to conduct, contract
for, participate in and support research, demonstration, testing and development of public transportation systems, equipment and use incentives and shall have all powers necessary
to comply with any criteria, standards, and regulations which
may be adopted under the urban mass transportation act (78
Stat. 302 et seq., 49 U.S.C. 1601 et seq.) and to take all
actions necessary to meet the requirements of that act. Any
county in which a county transportation authority or public
transportation benefit area shall have been established and
any metropolitan municipal corporation which shall have
been authorized to perform the function of metropolitan public transportation shall have, in addition to such powers, the
authority to prepare, adopt and carry out a comprehensive
transit plan and to make such other plans and studies and to
perform such programs as the governing body of the county
authority public transportation benefit area authority or metropolitan municipal corporation shall deem necessary to
implement and comply with said federal act. [1975 1st ex.s.
c 270 § 8.]
35.58.2794
Severability—Effective date—1975 1st ex.s. c 270: See notes following RCW 35.58.272.
[Title 35 RCW—page 209]
35.58.2795
Title 35 RCW: Cities and Towns
35.58.2795 Public transportation systems—Six-year
transit plans. By April 1st of each year, the legislative
authority of each municipality, as defined in RCW 35.58.272,
and each regional transit authority shall prepare a six-year
transit development plan for that calendar year and the ensuing five years. The program shall be consistent with the comprehensive plans adopted by counties, cities, and towns, pursuant to chapter 35.63, 35A.63, or 36.70 RCW, the inherent
authority of a first-class city or charter county derived from
its charter, or chapter 36.70A RCW. The program shall contain information as to how the municipality intends to meet
state and local long-range priorities for public transportation,
capital improvements, significant operating changes planned
for the system, and how the municipality intends to fund program needs. The six-year plan for each municipality and
regional transit authority shall specifically set forth those
projects of regional significance for inclusion in the transportation improvement program within that region. Each municipality and regional transit authority shall file the six-year
program with the state department of transportation, the
transportation improvement board, and cities, counties, and
regional planning councils within which the municipality is
located.
In developing its program, the municipality and the
regional transit authority shall consider those policy recommendations affecting public transportation contained in the
state transportation policy plan approved by the state transportation commission and, where appropriate, adopted by the
legislature. The municipality shall conduct one or more public hearings while developing its program and for each annual
update. [1994 c 158 § 6; 1990 1st ex.s. c 17 § 60; 1989 c 396
§ 1.]
35.58.2795
Captions not law—Severability—Effective date—1994 c 158: See
RCW 47.80.902 through 47.80.904.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
35.58.2796 Public transportation systems—Annual
report by department. The department of transportation
shall develop an annual report summarizing the status of public transportation systems in the state. By September 1st of
each year, copies of the report shall be submitted to the transportation committees of the legislature and to each municipality, as defined in RCW 35.58.272, and to individual members of the municipality’s legislative authority.
To assist the department with preparation of the report,
each municipality shall file a system report by April 1st of
each year with the state department of transportation identifying its public transportation services for the previous calendar
year and its objectives for improving the efficiency and effectiveness of those services. The system report shall address
those items required for each public transportation system in
the department’s report.
The department report shall describe individual public
transportation systems, including contracted transportation
services and dial-a-ride services, and include a statewide
summary of public transportation issues and data. The
descriptions shall include the following elements and such
other elements as the department deems appropriate after
consultation with the municipalities and the transportation
committees of the legislature:
35.58.2796
[Title 35 RCW—page 210]
(1) Equipment and facilities, including vehicle replacement standards;
(2) Services and service standards;
(3) Revenues, expenses, and ending balances, by fund
source;
(4) Policy issues and system improvement objectives,
including community participation in development of those
objectives and how those objectives address statewide transportation priorities;
(5) Operating indicators applied to public transportation
services, revenues, and expenses. Operating indicators shall
include operating cost per passenger trip, operating cost per
revenue vehicle service hour, passenger trips per revenue service hour, passenger trips per vehicle service mile, vehicle
service hours per employee, and farebox revenue as a percent
of operating costs. [2005 c 319 § 101; 1989 c 396 § 2.]
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
35.58.280 Powers relative to garbage disposal. If a
metropolitan municipal corporation shall be authorized to
perform the function of metropolitan garbage disposal, it
shall have the following powers in addition to the general
powers granted by this chapter:
(1) To prepare a comprehensive garbage disposal plan
for the metropolitan area.
(2) To acquire by purchase, condemnation, gift, or grant
and to lease, construct, add to, improve, replace, repair, maintain, operate and regulate the use of metropolitan facilities for
garbage disposal within or without the metropolitan area,
including garbage disposal sites, central collection station
sites, structures, machinery and equipment for the operation
of central collection stations and for the hauling and disposal
of garbage by any means, together with all lands, property,
equipment and accessories necessary for such facilities. Garbage disposal facilities which are owned by a city or county
may be acquired or used by the metropolitan municipal corporation only with the consent of the legislative body of the
city or county owning such facilities. Cities and counties are
hereby authorized to convey or lease such facilities to metropolitan municipal corporations or to contract for their joint
use on such terms as may be fixed by agreement between the
legislative body of such city or county and the metropolitan
council, without submitting the matter to the voters of such
city or county.
(3) To fix rates and charges for the use of metropolitan
garbage disposal facilities.
(4) With the consent of any component city, to acquire
by purchase, condemnation, gift or grant and to lease, construct, add to, improve, replace, repair, maintain, operate and
regulate the use of facilities for the local collection of garbage
within such city, and for such purpose to have all the powers
conferred by law upon such city with respect to such local
collection facilities. Nothing herein contained shall be
deemed to authorize the local collection of garbage except in
component cities. All costs of such local collection facilities
shall be paid for by the area served thereby. [1965 c 7 §
35.58.280. Prior: 1957 c 213 § 28.]
35.58.280
35.58.290 Powers relative to parks and parkways. If
a metropolitan municipal corporation shall be authorized to
35.58.290
(2008 Ed.)
Metropolitan Municipal Corporations
perform the function of metropolitan parks and parkways, it
shall have the following powers in addition to the general
powers granted by this chapter:
(1) To prepare a comprehensive plan of metropolitan
parks and parkways.
(2) To acquire by purchase, condemnation, gift or grant,
to lease, construct, add to, improve, develop, replace, repair,
maintain, operate and regulate the use of metropolitan parks
and parkways, together with all lands, rights-of-way, property, equipment and accessories necessary therefor. A park or
parkway shall be considered to be a metropolitan facility if
the metropolitan council shall by resolution find it to be of
use and benefit to all or a major portion of the residents of the
metropolitan area. Parks or parkways which are owned by a
component city or county may be acquired or used by the
metropolitan municipal corporation only with the consent of
the legislative body of such city or county. Cities and counties are hereby authorized to convey or lease such facilities to
metropolitan municipal corporations or to contract for their
joint use on such terms as may be fixed by agreement
between the legislative bodies of such city or county and the
metropolitan council, without submitting the matter to the
voters of such city or county. If parks or parkways which
have been acquired or used as metropolitan facilities shall no
longer be used for park purposes by the metropolitan municipal corporation, such facilities shall revert to the component
city or county which formerly owned them.
(3) To fix fees and charges for the use of metropolitan
park and parkway facilities. [1965 c 7 § 35.58.290. Prior:
1957 c 213 § 29.]
35.58.300 Metropolitan park board. If a metropolitan
municipal corporation shall be authorized to perform the
function of metropolitan parks and parkways, a metropolitan
park board shall be formed prior to the effective date of the
assumption of such function. Except as provided in this section, the metropolitan park board shall exercise all powers of
the metropolitan municipal corporation with respect to metropolitan park and parkway facilities.
The metropolitan park board shall authorize expenditures for park and parkway purposes within the budget
adopted by the metropolitan council. Bonds of the metropolitan municipal corporation for park and parkway purposes
shall be issued by the metropolitan council as provided in this
chapter.
The metropolitan park board shall consist of five members appointed by the metropolitan council at least two of
whom shall be residents of the central city. The terms of first
appointees shall be for one, two, three, four and five years,
respectively. Thereafter members shall serve for a term of
four years. Compensation of park board members shall be
determined by the metropolitan council.
The requirement to create a metropolitan park board
shall not apply to a county that has assumed the rights, powers, functions, and obligations of the metropolitan municipal
corporation under chapter 36.56 RCW. [1993 c 240 § 7;
1965 c 7 § 35.58.300. Prior: 1957 c 213 § 30.]
35.58.300
35.58.310 Powers relative to planning. If a metropolitan municipal corporation shall be authorized to perform the
35.58.310
(2008 Ed.)
35.58.340
function of metropolitan comprehensive planning, it shall
have the following powers in addition to the general powers
granted by this chapter:
(1) To prepare a recommended comprehensive land use
and capital facilities plan for the metropolitan area.
(2) To review proposed zoning ordinances and resolutions or comprehensive plans of component cities and counties and make recommendations thereon. Such proposed zoning ordinances and resolutions or comprehensive plans must
be submitted to the metropolitan council prior to adoption
and may not be adopted until reviewed and returned by the
metropolitan council. The metropolitan council shall cause
such ordinances, resolutions and plans to be reviewed by the
planning staff of the metropolitan municipal corporation and
return such ordinances, resolutions and plans, together with
their findings and recommendations thereon within sixty
days following their submission.
(3) To provide planning services for component cities
and counties upon request and upon payment therefor by the
cities or counties receiving such service. [1965 c 7 §
35.58.310. Prior: 1957 c 213 § 31.]
35.58.320
35.58.320 Eminent domain. A metropolitan municipal
corporation shall have power to acquire by purchase and condemnation all lands and property rights, both within and
without the metropolitan area, which are necessary for its
purposes. Such right of eminent domain shall be exercised by
the metropolitan council in the same manner and by the same
procedure as is or may be provided by law for cities, except
insofar as such laws may be inconsistent with the provisions
of this chapter. [1993 c 240 § 8; 1965 c 7 § 35.58.320. Prior:
1957 c 213 § 32.]
Eminent domain by cities: Chapter 8.12 RCW.
35.58.330
35.58.330 Powers may be exercised with relation to
public rights-of-way without franchise—Conditions. A
metropolitan municipal corporation shall have power to construct or maintain metropolitan facilities in, along, on, under,
over, or through public streets, bridges, viaducts, and other
public rights-of-way without first obtaining a franchise from
the county or city having jurisdiction over the same: PROVIDED, That such facilities shall be constructed and maintained in accordance with the ordinances and resolutions of
such city or county relating to construction, installation and
maintenance of similar facilities in such public properties.
[1965 c 7 § 35.58.330. Prior: 1957 c 213 § 33.]
35.58.340
35.58.340 Disposition of unneeded property. Except
as otherwise provided herein, a metropolitan municipal corporation may sell, or otherwise dispose of any real or personal property acquired in connection with any authorized
metropolitan function and which is no longer required for the
purposes of the metropolitan municipal corporation in the
same manner as provided for cities. When the metropolitan
council determines that a metropolitan facility or any part
thereof which has been acquired from a component city or
county without compensation is no longer required for metropolitan purposes, but is required as a local facility by the city
or county from which it was acquired, the metropolitan coun[Title 35 RCW—page 211]
35.58.350
Title 35 RCW: Cities and Towns
cil shall by resolution transfer it to such city or county. [1993
c 240 § 9; 1965 c 7 § 35.58.340. Prior: 1957 c 213 § 34.]
thereon within a reasonable time. [1965 c 7 § 35.58.370.
Prior: 1957 c 213 § 37.]
35.58.350 Powers and functions of metropolitan
municipal corporation—Where vested—Powers of metropolitan council. All the powers and functions of a metropolitan municipal corporation shall be vested in the metropolitan council unless expressly vested in specific officers,
boards, or commissions by this chapter, or vested in the
county legislative authority of a county that has assumed the
rights, powers, functions, and obligations of a metropolitan
municipal corporation as provided in chapter 36.56 RCW.
Without limitation of the foregoing authority, or of other
powers given it by this chapter, the metropolitan council shall
have the following powers:
(1) To establish offices, departments, boards and commissions in addition to those provided by this chapter which
are necessary to carry out the purposes of the metropolitan
municipal corporation, and to prescribe the functions, powers
and duties thereof.
(2) To appoint or provide for the appointment of, and to
remove or to provide for the removal of, all officers and
employees of the metropolitan municipal corporation except
those whose appointment or removal is otherwise provided
by this chapter.
(3) To fix the salaries, wages and other compensation of
all officers and employees of the metropolitan municipal corporation unless the same shall be otherwise fixed in this chapter.
(4) To employ such engineering, legal, financial, or other
specialized personnel as may be necessary to accomplish the
purposes of the metropolitan municipal corporation. [1993 c
240 § 10; 1965 c 7 § 35.58.350. Prior: 1957 c 213 § 35.]
35.58.380 Retention of existing personnel. A metropolitan municipal corporation shall offer to employ every
person who on the date such corporation acquires a metropolitan facility is employed in the operation of such facility by a
component city or county or by a special district. [1965 c 7 §
35.58.380. Prior: 1957 c 213 § 38.]
35.58.350
35.58.360 Rules and regulations—Penalties—
Enforcement. A metropolitan municipal corporation shall
have power to adopt by resolution such rules and regulations
as shall be necessary or proper to enable it to carry out authorized metropolitan functions and may provide penalties for
the violation thereof. Actions to impose or enforce such penalties may be brought in the superior court of the state of
Washington in and for the central county. [1965 c 7 §
35.58.360. Prior: 1957 c 213 § 36.]
35.58.360
35.58.370 Merit system. The metropolitan council
shall establish and provide for the operation and maintenance
of a personnel merit system for the employment, classification, promotion, demotion, suspension, transfer, layoff and
discharge of its appointive officers and employees solely on
the basis of merit and fitness without regard to political influence or affiliation. The person appointed or body created for
the purpose of administering such personnel system shall
have power to make, amend and repeal rules and regulations
as are deemed necessary for such merit system. Such rules
and regulations shall provide:
(1) That the person to be discharged or demoted must be
presented with the reasons for such discharge or demotion
specifically stated; and
(2) That he shall be allowed a reasonable time in which
to reply thereto in writing and that he be given a hearing
35.58.370
[Title 35 RCW—page 212]
35.58.380
Assumption of labor contracts upon acquisition of transportation system:
RCW 35.58.265.
35.58.390 Prior employees pension rights preserved.
Where a metropolitan municipal corporation employs a person employed immediately prior thereto by a component city
or county, or by a special district, such employee shall be
deemed to remain an employee of such city, county, or special district for the purposes of any pension plan of such city,
county, or special district, and shall continue to be entitled to
all rights and benefits thereunder as if he had remained as an
employee of the city, county, or special district, until the metropolitan municipal corporation has provided a pension plan
and such employee has elected, in writing, to participate
therein.
Until such election, the metropolitan municipal corporation shall deduct from the remuneration of such employee the
amount which such employee is or may be required to pay in
accordance with the provisions of the plan of such city,
county, or special district and the metropolitan municipal corporation shall pay to the city, county, or special district any
amounts required to be paid under the provisions of such plan
by employer or employee. [1965 c 7 § 35.58.390. Prior:
1957 c 213 § 39.]
35.58.390
Preservation of pension rights upon acquisition of transportation system:
RCW 35.58.265.
Public employment, civil service and pensions: Title 41 RCW.
35.58.400 Prior employees sick leave and vacation
rights preserved. Where a metropolitan municipal corporation employs a person employed immediately prior thereto by
a component city or county or by a special district, the
employee shall be deemed to remain an employee of such
city, county, or special district for the purposes of any sick
leave credit plan of the component city, county, or special
district until the metropolitan municipal corporation has
established a sick leave credit plan for its employees, whereupon the metropolitan municipal corporation shall place to
the credit of the employee the sick leave credits standing to
his credit in the plan of such city, county, or special district.
Where a metropolitan municipal corporation employs a
person theretofore employed by a component city, county, or
by a special district, the metropolitan municipal corporation
shall, during the first year of his employment by the metropolitan municipal corporation, provide for such employee a
vacation with pay equivalent to that which he would have
been entitled if he had remained in the employment of the
city, county, or special district. [1965 c 7 § 35.58.400. Prior:
1957 c 213 § 40.]
35.58.400
Preservation of sick leave, vacation, and other benefits upon acquisition of
transportation system: RCW 35.58.265.
(2008 Ed.)
Metropolitan Municipal Corporations
35.58.410 Budget—Expenditures—Revenue estimates—Requirements for a county assuming the powers
of a metropolitan municipal corporation. (1) On or before
the third Monday in June of each year, each metropolitan
municipal corporation shall adopt a budget for the following
calendar year. Such budget shall include a separate section
for each authorized metropolitan function. Expenditures shall
be segregated as to operation and maintenance expenses and
capital and betterment outlays. Administrative and other
expense general to the corporation shall be allocated between
the authorized metropolitan functions. The budget shall contain an estimate of all revenues to be collected during the following budget year, including any surplus funds remaining
unexpended from the preceding year. The metropolitan council shall not be required to confine capital or betterment
expenditures made from bond proceeds or emergency expenditures to items provided in the budget. The affirmative vote
of three-fourths of all members of the metropolitan council
shall be required to authorize emergency expenditures.
(2) Subsection (1) of this section shall not apply to a
county that has assumed the rights, powers, functions, and
obligations of a metropolitan municipal corporation under
chapter 36.56 RCW. This subsection (2) shall apply only to
each county that has assumed the rights, powers, functions,
and obligations of a metropolitan municipal corporation
under chapter 36.56 RCW.
Each county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW shall, on or before the third
Monday in June of each year, prepare an estimate of all revenues to be collected during the following calendar year,
including any surplus funds remaining unexpended from the
preceding year for each authorized metropolitan function.
By June 30 of each year, the county shall adopt the rate
for sewage disposal that will be charged to component cities
and water-sewer districts during the following budget year.
As long as any general obligation indebtedness remains
outstanding that was issued by the metropolitan municipal
corporation prior to the assumption by the county, the county
shall continue to impose the taxes authorized by RCW
82.14.045 and *35.58.273(4) at the maximum rates and on all
of the taxable events authorized by law. If, despite the continued imposition of those taxes, the estimate of revenues made
on or before the third Monday in June shows that estimated
revenues will be insufficient to make all debt service payments falling due in the following calendar year on all general obligation indebtedness issued by the metropolitan
municipal corporation prior to the assumption by the county
of the rights, powers, functions, and obligations of the metropolitan municipal corporation, the remaining amount
required to make the debt service payments shall be designated as "supplemental income" and shall be obtained from
component cities and component counties as provided under
RCW 35.58.420.
The county shall prepare and adopt a budget each year in
accordance with applicable general law or county charter. If
supplemental income has been designated under this subsection, the supplemental income shall be reflected in the budget
that is adopted. If during the budget year the actual tax revenues from the taxes imposed under the authority of RCW
82.14.045 and *35.58.273(4) exceed the estimates upon
35.58.410
(2008 Ed.)
35.58.430
which the supplemental income was based, the difference
shall be refunded to the component cities and component
counties in proportion to their payments promptly after the
end of the budget year. A county that has assumed the rights,
powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW shall not be
required to confine capital or betterment expenditures for
authorized metropolitan functions from bond proceeds or
emergency expenditures to items provided in the budget.
[1999 c 153 § 36; 1998 c 321 § 26 (Referendum Bill No. 49,
approved November 3, 1998); 1993 c 240 § 11; 1965 c 7 §
35.58.410. Prior: 1957 c 213 § 41.]
*Reviser’s note: RCW 35.58.273 was repealed by 2002 c 6 § 2.
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: "*(2) Sections 23
through 30 and 32 through 42 of this act take effect January 1, 1999, and section 31 of this act takes effect June 30, 2000, if sections 1 through 21 and 44
through 46 of this act are validly submitted to and are approved and ratified
by the voters at a general election held in November 1998. If sections 1
through 21 and 44 through 46 of this act are not approved and ratified, sections 23 through 42 of this act are null and void in their entirety." [1998 c
321 § 47 (Referendum Bill No. 49, approved November 3, 1998).]
35.58.420 Supplemental income payments by component city and county. Each component city shall pay such
proportion of the supplemental income of the metropolitan
municipal corporation as the assessed valuation of property
within its limits bears to the total assessed valuation of taxable property within the metropolitan area. Each component
county shall pay such proportion of such supplemental
income as the assessed valuation of the property within the
unincorporated area of such county lying within the metropolitan area bears to the total assessed valuation of taxable
property within the metropolitan area. In making such determination, the metropolitan council shall use the last available
assessed valuations. The metropolitan council shall certify to
each component city and county, prior to the fourth Monday
in June of each year, the share of the supplemental income to
be paid by such component city or county for the next calendar year. The latter shall then include such amount in its budget for the ensuing calendar year, and during such year shall
pay to the metropolitan municipal corporation, in equal quarterly installments, the amount of its supplemental income
share from whatever sources may be available to it. [1965 c
7 § 35.58.420. Prior: 1957 c 213 § 42.]
35.58.420
35.58.430 Funds—Disbursements—Treasurer—
Expenses—Election expenses. The treasurer of each component county shall create a separate fund into which shall be
paid all money collected from taxes levied by the metropolitan municipal corporation on property in such county and
such money shall be forwarded quarterly by the treasurer of
each such county to the treasurer of the central county as
directed by the metropolitan council. The treasurer of the
central county shall act as the treasurer of the metropolitan
municipal corporation and shall establish and maintain such
funds as may be authorized by the metropolitan council.
Money shall be disbursed from such funds upon warrants
drawn by the auditor of the central county as authorized by
35.58.430
[Title 35 RCW—page 213]
35.58.450
Title 35 RCW: Cities and Towns
the metropolitan council. The central county shall be reimbursed by the metropolitan municipal corporation for services rendered by the treasurer and auditor of the central
county in connection with the receipt and disbursement of
such funds. The expense of all special elections held pursuant
to this chapter shall be paid by the metropolitan municipal
corporation. [1965 c 7 § 35.58.430. Prior: 1957 c 213 § 43.]
35.58.450
35.58.450 General obligation bonds—Issuance, sale,
form, term, election, payment. Notwithstanding the limitations of chapter 39.36 RCW and any other statutory limitations otherwise applicable and limiting municipal debt, a
metropolitan municipal corporation shall have the power to
contract indebtedness and issue general obligation bonds and
to pledge the full faith and credit of the corporation to the
payment thereof, for any authorized capital purpose of the
metropolitan municipal corporation, not to exceed an
amount, together with any outstanding nonvoter approved
general indebtedness, equal to three-fourths of one percent of
the value of the taxable property within the metropolitan
municipal corporation, as the term "value of the taxable property" is defined in RCW 39.36.015. A metropolitan municipal corporation may additionally contract indebtedness and
issue general obligation bonds, for any authorized capital
purpose of a metropolitan municipal corporation, together
with any other outstanding general indebtedness, not to
exceed an amount equal to five percent of the value of the
taxable property within the corporation, as the term "value of
the taxable property" is defined in RCW 39.36.015, when a
proposition authorizing the indebtedness has been approved
by three-fifths of the persons voting on said proposition at
said election at which such election the total number of persons voting on such bond proposition shall constitute not less
than forty percent of the total number of voters voting within
the area of said metropolitan municipal corporation at the last
preceding state general election. Such general obligation
bonds may be authorized in any total amount in one or more
propositions and the amount of such authorization may
exceed the amount of bonds which could then lawfully be
issued. Such bonds may be issued in one or more series from
time to time out of such authorization. The elections shall be
held pursuant to RCW 39.36.050.
Whenever the voters of a metropolitan municipal corporation have, pursuant to RCW 84.52.056, approved excess
property tax levies to retire such bond issues, both the principal of and interest on such general obligation bonds may be
made payable from annual tax levies to be made upon all the
taxable property within the metropolitan municipal corporation in excess of the constitutional and/or statutory tax limit.
The principal of and interest on any general obligation bond
may be made payable from any other taxes or any special
assessments which the metropolitan municipal corporation
may be authorized to levy or from any otherwise unpledged
revenue which may be derived from the ownership or operation of properties or facilities incident to the performance of
the authorized function for which such bonds are issued or
may be made payable from any combination of the foregoing
sources. The metropolitan council may include in the principal amount of such bond issue an amount for engineering,
architectural, planning, financial, legal, urban design and
[Title 35 RCW—page 214]
other services incident to acquisition or construction solely
for authorized capital purposes.
General obligation bonds shall be issued and sold by the
metropolitan council as provided in chapter 39.46 RCW and
shall mature in not to exceed forty years from the date of
issue. [1993 c 240 § 13; 1984 c 186 § 18; 1983 c 167 § 47;
1973 1st ex.s. c 195 § 24; 1971 ex.s. c 303 § 9; 1970 ex.s. c
56 § 38; 1970 ex.s. c 42 § 13; 1970 ex.s. c 11 § 1. Prior: 1969
ex.s. c 255 § 17; 1969 ex.s. c 232 § 16; 1967 c 105 § 13; 1965
c 7 § 35.58.450; prior: 1957 c 213 § 45.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
Limitations upon indebtedness: State Constitution Art. 7 § 2 (Amendments
55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW
84.52.050.
35.58.460 Revenue bonds—Issuance, sale, form,
term, payment, reserves, actions. (1) A metropolitan
municipal corporation may issue revenue bonds to provide
funds to carry out its authorized metropolitan water pollution
abatement, water supply, garbage disposal or transportation
purposes, without submitting the matter to the voters of the
metropolitan municipal corporation. The metropolitan council shall create a special fund or funds for the sole purpose of
paying the principal of and interest on the bonds of each such
issue, into which fund or funds the metropolitan council may
obligate the metropolitan municipal corporation to pay such
amounts of the gross revenue of the particular utility constructed, acquired, improved, added to, or repaired out of the
proceeds of sale of such bonds, as the metropolitan council
shall determine and may obligate the metropolitan municipal
corporation to pay such amounts out of otherwise unpledged
revenue which may be derived from the ownership, use or
operation of properties or facilities owned, used or operated
incident to the performance of the authorized function for
which such bonds are issued or out of otherwise unpledged
fees, tolls, charges, tariffs, fares, rentals, special taxes or
other sources of payment lawfully authorized for such purpose, as the metropolitan council shall determine. The principal of, and interest on, such bonds shall be payable only out
of such special fund or funds, and the owners of such bonds
shall have a lien and charge against the gross revenue of such
utility or any other revenue, fees, tolls, charges, tariffs, fares,
special taxes or other authorized sources pledged to the payment of such bonds.
Such revenue bonds and the interest thereon issued
against such fund or funds shall be a valid claim of the owners thereof only as against such fund or funds and the revenue
pledged therefor, and shall not constitute a general indebtedness of the metropolitan municipal corporation.
Each such revenue bond shall state upon its face that it is
payable from such special fund or funds, and all revenue
bonds issued under this chapter shall be negotiable securities
within the provisions of the law of this state. Such revenue
bonds may be registered either as to principal only or as to
35.58.460
(2008 Ed.)
Metropolitan Municipal Corporations
principal and interest as provided in RCW 39.46.030, or may
be bearer bonds; shall be in such denominations as the metropolitan council shall deem proper; shall be payable at such
time or times and at such places as shall be determined by the
metropolitan council; shall bear interest at such rate or rates
as shall be determined by the metropolitan council; shall be
signed by the chairman and attested by the secretary of the
metropolitan council, any of which signatures may be facsimile signatures, and the seal of the metropolitan municipal corporation shall be impressed or imprinted thereon; any
attached interest coupons shall be signed by the facsimile signatures of said officials.
Such revenue bonds shall be sold in such manner, at such
price and at such rate or rates of interest as the metropolitan
council shall deem to be for the best interests of the metropolitan municipal corporation, either at public or private sale.
The metropolitan council may at the time of the issuance
of such revenue bonds make such covenants with the owners
of said bonds as it may deem necessary to secure and guarantee the payment of the principal thereof and the interest
thereon, including but not being limited to covenants to set
aside adequate reserves to secure or guarantee the payment of
such principal and interest, to maintain rates sufficient to pay
such principal and interest and to maintain adequate coverage
over debt service, to appoint a trustee or trustees for the bond
owners to safeguard the expenditure of the proceeds of sale of
such bonds and to fix the powers and duties of such trustee or
trustees and to make such other covenants as the metropolitan
council may deem necessary to accomplish the most advantageous sale of such bonds. The metropolitan council may also
provide that revenue bonds payable out of the same source
may later be issued on a parity with revenue bonds being
issued and sold.
The metropolitan council may include in the principal
amount of any such revenue bond issue an amount to establish necessary reserves, an amount for working capital and an
amount necessary for interest during the period of construction of any such metropolitan facilities plus six months. The
metropolitan council may, if it deems it to the best interest of
the metropolitan municipal corporation, provide in any contract for the construction or acquisition of any metropolitan
facilities or additions or improvements thereto or replacements or extensions thereof that payment therefor shall be
made only in such revenue bonds at the par value thereof.
If the metropolitan municipal corporation shall fail to
carry out or perform any of its obligations or covenants made
in the authorization, issuance and sale of such bonds, the
owner of any such bond may bring action against the metropolitan municipal corporation and compel the performance of
any or all of such covenants.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1993 c 240 § 14; 1983 c 167 § 48; 1974 ex.s. c
70 § 8; 1970 ex.s. c 56 § 39; 1970 ex.s. c 11 § 2; 1969 ex.s. c
255 § 18; 1969 ex.s. c 232 § 17; 1967 c 105 § 14; 1965 c 7 §
35.58.460. Prior: 1957 c 213 § 46.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
(2008 Ed.)
35.58.480
Alternative authority to issue revenue bonds: RCW 39.46.150, 39.46.160.
Funds for reserve purposes may be included in issue amount: RCW
39.44.140.
35.58.470
35.58.470 Funding, refunding bonds. The metropolitan council may, by resolution, without submitting the matter
to the voters of the metropolitan municipal corporation, provide for the issuance of funding or refunding general obligation bonds to refund any outstanding general obligation
bonds or any part thereof at maturity, or before maturity if
they are by their terms or by other agreement subject to prior
redemption, with the right in the metropolitan council to
combine various series and issues of the outstanding bonds
by a single issue of funding or refunding bonds, and to issue
refunding bonds to pay any redemption premium payable on
the outstanding bonds being refunded. The funding or refunding general obligation bonds shall, except as specifically provided in this section, be issued in accordance with the provisions of this chapter with respect to general obligation bonds.
The metropolitan council may, by resolution, without
submitting the matter to the voters of the metropolitan municipal corporation, provide for the issuance of funding or
refunding revenue bonds to refund any outstanding revenue
bonds or any part thereof at maturity, or before maturity if
they are by their terms or by agreement subject to prior
redemption, with the right in the metropolitan council to
combine various series and issues of the outstanding bonds
by a single issue of refunding bonds, and to issue refunding
bonds to pay any redemption premium payable on the outstanding bonds being refunded. The funding or refunding
revenue bonds shall be payable only out of a special fund created out of the gross revenue of the particular utility, and shall
be a valid claim only as against such special fund and the
amount of the revenue of the utility pledged to the fund. The
funding or refunding revenue bonds shall, except as specifically provided in this section, be issued in accordance with
the provisions of this chapter with respect to revenue bonds.
The metropolitan council may exchange the funding or
refunding bonds at par for the bonds which are being funded
or refunded, or it may sell them in such manner, at such price
and at such rate or rates of interest as it deems for the best
interest of the metropolitan municipal corporation. [1970
ex.s. c 56 § 40; 1969 ex.s. c 232 § 18; 1965 c 7 § 35.58.470.
Prior: 1957 c 213 § 47.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
35.58.480
35.58.480 Borrowing money from component city or
county. A metropolitan municipal corporation shall have the
power when authorized by a majority of all members of the
metropolitan council to borrow money from any component
city or county and such cities or counties are hereby authorized to make such loans or advances on such terms as may be
mutually agreed upon by the legislative bodies of the metropolitan municipal corporation and any such component city
or county to provide funds to carry out the purposes of the
metropolitan municipal corporation. [1965 c 7 § 35.58.480.
Prior: 1957 c 213 § 48.]
[Title 35 RCW—page 215]
35.58.490
Title 35 RCW: Cities and Towns
35.58.490 Interest bearing warrants. A metropolitan
council shall have the power to authorize the issuance of
interest bearing warrants on such terms and conditions as the
metropolitan council shall provide and to repay the interest
bearing warrants with any moneys legally authorized for such
purposes, including tax receipts where appropriate. [1993 c
240 § 15; 1965 c 7 § 35.58.490. Prior: 1957 c 213 § 49.]
persons, political subdivisions and officers, public or private,
to use any funds owned or controlled by them for the purchase of any such bonds or other obligations. Nothing contained in this section with regard to legal investments shall be
construed as relieving any person of any duty of exercising
reasonable care in selecting securities. [1965 c 7 § 35.58.510.
Prior: 1957 c 213 § 51.]
35.58.500 Local improvement districts—Utility local
improvement districts. The metropolitan municipal corporation shall have the power to levy special assessments payable over a period of not exceeding twenty years on all property within the metropolitan area specially benefited by any
improvement, on the basis of special benefits conferred, to
pay in whole, or in part, the damages or costs of any such
improvement, and for such purpose may establish local
improvement districts and enlarged local improvement districts, issue local improvement warrants and bonds to be
repaid by the collection of local improvement assessments
and generally to exercise with respect to any improvements
which it may be authorized to construct or acquire the same
powers as may now or hereafter be conferred by law upon cities. Such local improvement districts shall be created and
such special assessments levied and collected and local
improvement warrants and bonds issued and sold in the same
manner as shall now or hereafter be provided by law for cities. The duties imposed upon the city treasurer under such
acts shall be imposed upon the treasurer of the county in
which such local improvement district shall be located.
A metropolitan municipal corporation may provide that
special benefit assessments levied in any local improvement
district may be paid into such revenue bond redemption fund
or funds as may be designated by the metropolitan council to
secure the payment of revenue bonds issued to provide funds
to pay the cost of improvements for which such assessments
were levied. If local improvement district assessments shall
be levied for payment into a revenue bond fund, the local
improvement district created therefor shall be designated a
utility local improvement district. A metropolitan municipal
corporation that creates a utility local improvement district
shall conform with the laws relating to utility local improvement districts created by a city. [1993 c 240 § 16; 1965 c 7 §
35.58.500. Prior: 1957 c 213 § 50.]
35.58.520 Investment of corporate funds. A metropolitan municipal corporation shall have the power to invest
its funds held in reserves or sinking funds or any such funds
which are not required for immediate disbursement, in any
investments in which a city is authorized to invest, as provided in RCW 35.39.030. [1993 c 240 § 17; 1965 c 7 §
35.58.520. Prior: 1957 c 213 § 52.]
35.58.490
35.58.500
Local improvements, supplemental authority: Chapter 35.51 RCW.
Special assessments or taxation for local improvements: State Constitution
Art. 7 § 9.
35.58.510 Obligations of corporation are legal investments and security for public deposits. All banks, trust
companies, bankers, savings banks, and institutions, building
and loan associations, savings and loan associations, investment companies and other persons carrying on a banking or
investment business, all insurance companies, insurance
associations, and other persons carrying on an insurance business, and all executors, administrators, curators, trustees and
other fiduciaries, may legally invest any sinking funds, moneys, or other funds belonging to them or within their control
in any bonds or other obligations issued by a metropolitan
municipal corporation pursuant to this chapter. Such bonds
and other obligations shall be authorized security for all public deposits. It is the purpose of this section to authorize any
35.58.510
[Title 35 RCW—page 216]
35.58.520
35.58.530 Annexation—Requirements, procedure.
Territory located within a component county that is annexed
to a component city after the establishment of a metropolitan
municipal corporation shall by such act be annexed to the
metropolitan municipal corporation. Territory within a metropolitan municipal corporation may be annexed to a city
which is not within such metropolitan municipal corporation
in the manner provided by law and in such event either (1)
such city may be annexed to such metropolitan municipal
corporation by ordinance of the legislative body of the city
concurred in by resolution of the metropolitan council, or (2)
if such city shall not be so annexed such territory shall remain
within the metropolitan municipal corporation unless such
city shall by resolution of its legislative body request the
withdrawal of such territory subject to any outstanding
indebtedness of the metropolitan corporation and the metropolitan council shall by resolution consent to such withdrawal.
Any territory located within a component county that is
contiguous to a metropolitan municipal corporation and lying
wholly within an incorporated city or town may be annexed
to such metropolitan municipal corporation by ordinance of
the legislative body of such city or town requesting such
annexation concurred in by resolution of the metropolitan
council.
Any other territory located within a component county
that is adjacent to a metropolitan municipal corporation may
be annexed thereto by vote of the qualified electors residing
in the territory to be annexed, in the manner provided in this
chapter. An election to annex such territory may be called
pursuant to a petition or resolution in the following manner:
(1) A petition calling for such an election shall be signed
by at least four percent of the qualified voters residing within
the territory to be annexed and shall be filed with the auditor
of the central county.
(2) A resolution calling for such an election may be
adopted by the metropolitan council.
Any resolution or petition calling for such an election
shall describe the boundaries of the territory to be annexed,
and state that the annexation of such territory to the metropolitan municipal corporation will be conducive to the welfare
and benefit of the persons or property within the metropolitan
municipal corporation and within the territory proposed to be
annexed.
35.58.530
(2008 Ed.)
Metropolitan Municipal Corporations
Upon receipt of such a petition, the auditor shall examine
the same and certify to the sufficiency of the signatures
thereon. Within thirty days following the receipt of such petition, the auditor shall transmit the same to the metropolitan
council, together with his certificate as to the sufficiency
thereof. [1993 c 240 § 18; 1969 ex.s. c 135 § 3; 1967 c 105 §
15; 1965 c 7 § 35.58.530. Prior: 1957 c 213 § 53.]
ANNEXATION TO (here insert name of
metropolitan municipal corporation).
"Shall the territory described in a resolution of the
metropolitan council of (here insert name of metropolitan municipal corporation) adopted on the . . . .
. . . . . ., 19. . ., be annexed to such incorporation?
YES . . . . . . . . . . . . . . . . . . . . . .
NO . . . . . . . . . . . . . . . . . . . . . . .
35.58.540
35.58.540 Annexation—Hearings—Inclusion, exclusion of territory—Boundaries—Calling election. Upon
receipt of a duly certified petition calling for an election on
the annexation of territory to a metropolitan municipal corporation, or if the metropolitan council shall determine without
a petition being filed, that an election on the annexation of
any adjacent territory shall be held, the metropolitan council
shall fix a date for a public hearing thereon which shall be not
more than sixty nor less than forty days following the receipt
of such petition or adoption of such resolution. Notice of such
hearing shall be published once a week for at least four consecutive weeks in one or more newspapers of general circulation within the territory proposed to be annexed. The notice
shall contain a description of the boundaries of the territory
proposed to be annexed and shall state the time and place of
the hearing thereon and the fact that any changes in the
boundaries of such territory will be considered at such time
and place. At such hearing or any continuation thereof, any
interested person may appear and be heard on all matters
relating to the proposed annexation. The metropolitan council may make such changes in the boundaries of the territory
proposed to be annexed as it shall deem reasonable and
proper, but may not delete any portion of the proposed area
which will create an island of included or excluded lands and
may not delete a portion of any city. If the metropolitan council shall determine that any additional territory should be
included in the territory to be annexed, a second hearing shall
be held and notice given in the same manner as for the original hearing. The metropolitan council may adjourn the hearing on the proposed annexation from time to time not exceeding thirty days in all. At the next regular meeting following
the conclusion of such hearing, the metropolitan council
shall, if it finds that the annexation of such territory will be
conducive to the welfare and benefit of the persons and property therein and the welfare and benefit of the persons and
property within the metropolitan municipal corporation,
adopt a resolution fixing the boundaries of the territory to be
annexed and causing to be called a special election on such
annexation to be held not more than one hundred twenty days
nor less than sixty days following the adoption of such resolution. [1965 c 7 § 35.58.540. Prior: 1957 c 213 § 54.]
35.58.550
35.58.550 Annexation—Election—Favorable vote.
An election on the annexation of territory to a metropolitan
municipal corporation shall be conducted and canvassed in
the same manner as provided for the conduct of an election
on the formation of a metropolitan municipal corporation
except that notice of such election shall be published in one
or more newspapers of general circulation in the territory proposed to be annexed and the ballot proposition shall be in
substantially the following form:
(2008 Ed.)
35.58.570
â
â"
If a majority of those voting on such proposition vote in favor
thereof, the territory shall thereupon be annexed to the metropolitan municipal corporation. [1965 c 7 § 35.58.550. Prior:
1957 c 213 § 55.]
Canvassing returns, generally: Chapter 29A.60 RCW.
Conduct of elections—Canvass: RCW 29A.60.010.
35.58.560 Taxes—Counties or cities not to impose on
certain operations—Credits or offsets against state
taxes—Refund of motor vehicle fuel taxes paid. No
county or city shall have the right to impose a tax upon the
gross revenues derived by a metropolitan municipal corporation from the operation of a metropolitan sewage disposal,
water supply, garbage disposal or public transportation system.
A metropolitan municipal corporation may credit or offset against the amount of any tax which is levied by the state
during any calendar year upon the gross revenues derived by
such metropolitan municipal corporation from the performance of any authorized function, the amount of any expenditures made from such gross revenues by such metropolitan
municipal corporation during the same calendar year or any
year prior to May 21, 1971 in planning for or performing the
function of metropolitan public transportation and including
interest on any moneys advanced for such purpose from other
funds and to the extent of such credit a metropolitan municipal corporation may expend such revenues for such purposes.
A metropolitan municipal corporation authorized to perform the function of metropolitan public transportation and
engaged in the operation of an urban passenger transportation
system shall receive a refund of the amount of the motor
vehicle fuel tax levied by the state and paid on each gallon of
motor vehicle fuel used, whether such vehicle fuel tax has
been paid either directly to the vendor from whom the motor
vehicle fuel was purchased or indirectly by adding the
amount of such tax to the price of such fuel: PROVIDED,
That no refunds authorized by this section shall be granted on
fuel used by any urban transportation vehicle on any trip
where any portion of said trip is more than six road miles
beyond the corporate limits of the metropolitan municipal
corporation in which said trip originated. [1971 ex.s. c 303 §
10; 1967 c 105 § 16.]
35.58.560
35.58.570 Sewage facilities—Capacity charge. (1) A
metropolitan municipal corporation that is engaged in the
transmission, treatment, and disposal of sewage may impose
a capacity charge on users of the metropolitan municipal corporation’s sewage facilities when the user connects, reconnects, or establishes a new service to sewer facilities of a city,
county, or special district that discharges into the metropoli35.58.570
[Title 35 RCW—page 217]
35.58.580
Title 35 RCW: Cities and Towns
tan facilities. The capacity charge shall be based upon the
cost of the sewage facilities’ excess capacity that is necessary
to provide sewerage treatment for new users to the system.
(2) The capacity charge is a monthly charge reviewed
and approved annually by the metropolitan council. A metropolitan municipal corporation may charge property owners
seeking to connect to the sewage facilities of the metropolitan
municipal corporation as a condition to granting the right to
so connect, in addition to the cost of such connection, such
reasonable capacity charge as the legislative body of the metropolitan municipal corporation shall determine proper in
order that such property owners shall bear their equitable
share of the cost of such system. The equitable share may
include interest charges applied from the date of construction
of the sewage facilities until the connection, or for a period
not to exceed ten years, at a rate commensurate with the rate
of interest applicable to the metropolitan municipal corporation at the time of construction or major rehabilitation of the
sewage facilities, or at the time of installation of the sewer
lines to which the property owner is seeking to connect but
not to exceed ten percent per year: PROVIDED, That the
aggregate amount of interest shall not exceed the equitable
share of the cost of the sewage facilities allocated to such
property owners. Capacity charges collected shall be considered revenue of the sewage facilities.
(3) The council of the metropolitan municipal corporation shall enforce the collection of the capacity charge in the
same manner provided for the collection, enforcement, and
payment of rates and charges for water-sewer districts provided in RCW 57.08.081. At least thirty days before commencement of an action to foreclose a lien for a capacity
charge, the metropolitan municipal corporation shall send
written notice of delinquency in payment of the capacity
charge to any first mortgage or deed of trust holder of record
at the address of record. [2000 c 161 § 1; 1996 c 230 § 1602;
1989 c 389 § 1.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
35.58.580 Public transportation fares—Proof of payment—Civil infractions. (1) Persons traveling on public
transportation operated by a metropolitan municipal corporation or a city-owned transit system shall pay the fare established by the metropolitan municipal corporation or the cityowned transit system. Such persons shall produce proof of
payment when requested by a person designated to monitor
fare payment.
(2) The following constitute civil infractions punishable
according to the schedule of fines and penalties established
by a metropolitan municipal corporation or a city-owned
transit system under RCW 35.58.585:
(a) Failure to pay the required fare;
(b) Failure to display proof of payment when requested
to do so by a person designated to monitor fare payment; and
(c) Failure to depart the bus or other mode of public
transportation when requested to do so by a person designated to monitor fare payment. [2008 c 123 § 1.]
35.58.580
35.58.585 Public transportation fares—Schedule of
fines and penalties—Who may monitor fare payment—
Administration of citations. (1) Both a metropolitan munic35.58.585
[Title 35 RCW—page 218]
ipal corporation and a city-owned transit system may establish, by resolution, a schedule of fines and penalties for civil
infractions established in RCW 35.58.580. Fines established
shall not exceed those imposed for class 1 infractions under
RCW 7.80.120.
(2)(a) Both a metropolitan municipal corporation and a
city-owned transit system may designate persons to monitor
fare payment who are equivalent to, and are authorized to
exercise all the powers of, an enforcement officer as defined
in RCW 7.80.040. Both a metropolitan municipal corporation and a city-owned transit system may employ personnel
to either monitor fare payment or contract for such services,
or both.
(b) In addition to the specific powers granted to enforcement officers under RCW 7.80.050 and 7.80.060, persons
designated to monitor fare payment may also take the following actions:
(i) Request proof of payment from passengers;
(ii) Request personal identification from a passenger
who does not produce proof of payment when requested;
(iii) Issue a citation conforming to the requirements
established in RCW 7.80.070; and
(iv) Request that a passenger leave the bus or other mode
of public transportation when the passenger has not produced
proof of payment after being asked to do so by a person designated to monitor fare payment.
(3) Both a metropolitan municipal corporation and a
city-owned transit system shall keep records of citations in
the manner prescribed by RCW 7.80.150. All civil infractions established by this section and RCW 35.58.580 and
35.58.590 shall be heard and determined by a district court as
provided in RCW 7.80.010 (1) and (4). [2008 c 123 § 2.]
35.58.590 Public transportation fares—Powers of
law enforcement authorities. RCW 35.58.580 and
35.58.585 do not prevent law enforcement authorities from
prosecuting for theft, trespass, or other charges by any individual who:
(1) Fails to pay the required fare on more than one occasion within a twelve-month period;
(2) Fails to timely select one of the options for responding to the notice of civil infraction after receiving a statement
of the options for responding to the notice of infraction and
the procedures necessary to exercise these options; or
(3) Fails to depart the bus or other mode of public transportation when requested to do so by a person designated to
monitor fare payment. [2008 c 123 § 3.]
35.58.590
35.58.595 Public transportation fares—Powers and
authority are supplemental to other laws. The powers and
authority conferred by RCW 35.58.580 through 35.58.590
shall be construed as in addition and supplemental to powers
or authority conferred by any other law, and nothing contained therein shall be construed as limiting any other powers
or authority of any public agency. [2008 c 123 § 4.]
35.58.595
35.58.900 Liberal construction. The rule of strict construction shall have no application to this chapter, but the
same shall be liberally construed in all respects in order to
35.58.900
(2008 Ed.)
Multi-Purpose Community Centers
carry out the purposes and objects for which this chapter is
intended. [1965 c 7 § 35.58.900. Prior: 1957 c 213 § 56.]
35.58.911 Prior proceedings validated, ratified,
approved and confirmed. All proceedings which have been
taken prior to the date *this 1967 amendatory act takes effect
for the purpose of financing or aiding in the financing of any
work, undertaking or project by any metropolitan municipal
corporation, including all proceedings for the authorization
and issuance of bonds and for the sale, execution, and delivery thereof, are hereby validated, ratified, approved, and confirmed, notwithstanding any lack of power (other than constitutional) of such metropolitan municipal corporation or the
governing body or officers thereof, to authorize and issue
such bonds, or to sell, execute, or deliver the same and notwithstanding any defects or irregularities (other than constitutional) in such proceedings. [1967 c 105 § 17.]
35.58.911
*Reviser’s note: The effective date of "this 1967 amendatory act"
[1967 c 105] is March 21, 1967; see preface to 1967 session laws. For codification of 1967 c 105, see Codification Tables, Volume 0.
35.58.920 Severability—1967 c 105. If any provision
of this 1967 amendatory act, or its application to any person
or circumstance is held invalid, the remainder of this 1967
amendatory act, or the application of the provision to other
persons or circumstances is not affected. [1967 c 105 § 18.]
35.58.920
35.58.930 Severability—1971 ex.s. c 303. If any provision of this 1971 amendatory act, or its application to any
person or circumstance is held invalid, the remainder of the
act, or the application of the provision to other persons or circumstances is not affected. [1971 ex.s. c 303 § 11.]
35.58.930
35.58.931 Severability—1974 ex.s. c 70. If any provision of this 1974 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not affected. [1974 ex.s. c 70 § 9.]
35.58.931
Chapter 35.59 RCW
MULTI-PURPOSE COMMUNITY CENTERS
Chapter 35.59
Sections
35.59.010
35.59.020
35.59.030
35.59.040
35.59.050
35.59.060
35.59.070
35.59.080
35.59.090
35.59.100
35.59.110
35.59.900
Definitions.
Legislative finding—Purposes for which authority granted
may be exercised.
Acquisition, construction, operation, etc., of community centers authorized.
Conveyance or lease of lands or facilities to other municipality
for community center development—Participation in financing.
Powers of condemnation.
Appropriation and expenditure of public moneys, issuance of
general obligation bonds authorized—Procedure.
Revenue bonds.
Lease or contract for use or operation of facilities.
Counties authorized to establish community centers.
Prior proceedings validated and ratified.
Powers and authority conferred deemed additional and supplemental.
Severability—1967 c 110.
35.59.010 Definitions. "Municipality" as used in this
chapter means any county, city or town of the state of Washington.
35.59.010
(2008 Ed.)
35.59.030
"Government agency" as used in this chapter means the
federal government or any agency thereof, or the state or any
agency, subdivision, taxing district or municipal corporation
thereof other than a county, city or town.
"Person" as used in this chapter means any private corporation, partnership, association or individual.
"Multi-purpose community center" as used in this chapter means the lands, interests in lands, property, property
rights, equipment, buildings, structures and other improvements developed as an integrated, multi-purpose, public
facility on a single site or immediately adjacent sites for the
housing and furnishing of any combination of the following
community or public services or facilities: Administrative,
legislative or judicial offices and chambers of any municipality, public health facilities, public safety facilities including
without limitation, adult and juvenile detention facilities, fire
and police stations, public halls, auditoria, libraries and
museums, public facilities for the teaching, practice or exhibition of arts and crafts, educational facilities, playfields,
playgrounds, parks, indoor and outdoor sports and recreation
facilities. The term multi-purpose community center shall
also mean and include walks, ramps, bridges, terminal and
parking facilities for private vehicles and public transportation vehicles and systems, utilities, accessories, landscaping,
and appurtenances incident to and necessary for such centers.
[1967 c 110 § 1.]
Effective date—1967 c 110: "This act shall take effect on June 9,
1967." [1967 c 110 § 13.]
35.59.020 Legislative finding—Purposes for which
authority granted may be exercised. The legislature finds
that in many areas of the state local services and facilities can
be more effectively and economically provided by combining
two or more services and/or facilities in a single multi-purpose community center or a system of such centers. Any
municipality shall have and exercise the authority and powers
granted by this chapter whenever it appears to the legislative
body of such municipality that the acquisition, construction,
development and operation of a multi-purpose community
center or a system of such centers will accomplish one or
more of the following: Reduce costs of land acquisition, construction, maintenance or operation for affected public services or facilities; avoid duplication of structures, facilities or
personnel; improve communication and coordination
between departments of a municipality or governmental
agency or between municipalities and governmental agencies; make local public services or facilities more convenient
or useful to the residents and citizens of such municipality.
[1967 c 110 § 2.]
35.59.020
35.59.030 Acquisition, construction, operation, etc.,
of community centers authorized. Any municipality is
authorized either individually or jointly with any other
municipality or municipalities or any governmental agency
or agencies, or any combination thereof, to acquire by purchase, condemnation, gift or grant, to lease as lessee, and to
construct, install, add to, improve, replace, repair, maintain,
operate and regulate the use of multi-purpose community
centers located within such municipality, and to pay for any
investigations and any engineering, planning, financial, legal
and professional services incident to the development and
35.59.030
[Title 35 RCW—page 219]
35.59.040
Title 35 RCW: Cities and Towns
operation of such multi-purpose community centers. [1967 c
110 § 3.]
35.59.040
35.59.040 Conveyance or lease of lands or facilities to
other municipality for community center development—
Participation in financing. Any municipality, and any
agency, subdivision, taxing district or municipal corporation
of the state is authorized to convey or lease any lands, properties or facilities to any other municipality for the development by such other municipality of a multi-purpose community center or a system of such centers or to provide for the
joint use of such lands, properties or facilities or any other
facilities of a multi-purpose community center, and is authorized to participate in the financing of all or any part of such
multi-purpose community center or system of such centers on
such terms as may be fixed by agreement between the respective legislative bodies without submitting the matter to a vote
of the electors thereof, unless the provisions of the Constitution or laws of this state applicable to the incurring of indebtedness shall require such submission. [1967 c 110 § 4.]
Joint operations by municipal corporations, deposit and control of funds:
RCW 43.09.285.
35.59.050
35.59.050 Powers of condemnation. The accomplishment of the objectives authorized by this chapter is declared
to be a strictly public purpose of the municipality or municipalities authorized to perform the same. Any such municipality shall have the power to acquire by condemnation and purchase any lands and property rights within its boundaries
which are necessary to carry out the purposes authorized by
this chapter. Such right of eminent domain shall be exercised
by the legislative body of each such municipality in the manner provided by applicable general law. [1967 c 110 § 5.]
35.59.060
35.59.060 Appropriation and expenditure of public
moneys, issuance of general obligation bonds authorized—Procedure. To carry out the purposes of this chapter
any municipality shall have the power to appropriate and/or
expend any public moneys available therefor and to issue
general obligation bonds within the limitations now or hereafter prescribed by the Constitution and laws of this state.
Such general obligation bonds shall be issued and sold as provided in chapter 39.46 RCW. If the governing body of any
municipality shall submit a proposition for the approval of
general obligation bonds at any general or special election
and shall declare in the ordinance or resolution setting forth
such proposition that its purpose is the creation of a single
integrated multi-purpose community center or a city-wide or
county-wide system of such centers, all pursuant to this chapter, and that the creation of such center or system of centers
constitutes a single purpose, such declaration shall be presumed to be correct and, upon the issuance of the bonds, such
presumption shall become conclusive. Any such election
shall be held pursuant to RCW 39.36.050. [1984 c 186 § 19;
1983 c 167 § 49; 1967 c 110 § 6.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
[Title 35 RCW—page 220]
35.59.070 Revenue bonds. (1) To carry out the purposes authorized by this chapter the legislative body of any
municipality shall have the power to issue revenue bonds,
and to create a special fund or funds for the sole purpose of
paying the principal of and interest on such bonds into which
fund or funds the legislative body may obligate the municipality to pay all or part of the revenues derived from any one
or more facilities or properties which will form part of the
multi-purpose community center. The provisions of chapter
35.41 RCW not inconsistent with this chapter shall apply to
the issuance and retirement of any revenue bonds issued for
the purposes authorized in this chapter and for such purposes
any municipality shall have and may exercise the powers,
duties, and functions incident thereto held by cities and towns
under such chapter 35.41 RCW. Such bonds may be in any
form, including bearer bonds or registered bonds as provided
in RCW 39.46.030. The legislative body of any municipality
may fix the denominations of such bonds in any amount and
the manner of executing such bonds, and may take such
action as may be necessary and incidental to the issuance of
such bonds and the retirement thereof.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 50; 1967 c 110 § 7.]
35.59.070
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.59.080 Lease or contract for use or operation of
facilities. The legislative body of any municipality owning
or operating a multi-purpose community center acquired or
developed pursuant to this chapter shall have power to lease
to any municipality, governmental agency or person, or to
contract for the use or operation by any municipality, governmental agency or person, of all or any part of the multi-purpose community center facilities authorized by this chapter,
for such period and under such terms and conditions and
upon such rentals, fees and charges as such legislative body
may determine, and may pledge all or any portion of such
rentals, fees and charges and any other revenue derived from
the ownership and/or operation of any facilities of a multipurpose community center to pay and to secure the payment
of general obligation bonds and/or revenue bonds of such
municipality issued for multi-purpose community center purposes. [1967 c 110 § 8.]
35.59.080
35.59.090 Counties authorized to establish community centers. Counties may establish multi-purpose community centers, pursuant to this chapter, in unincorporated areas
and/or within cities or towns: PROVIDED, That no such
center shall be located in any city or town without the prior
consent of the legislative body of such city or town. [1967 c
110 § 9.]
35.59.090
35.59.100 Prior proceedings validated and ratified.
All proceedings which have been taken prior to the date this
chapter takes effect for the purpose of financing or aiding in
the financing of any work, undertaking or project authorized
in this chapter by any municipality, including all proceedings
for the authorization and issuance of bonds and for the sale,
execution and delivery thereof, are hereby validated, ratified,
approved and confirmed, notwithstanding any lack of power
35.59.100
(2008 Ed.)
World Fairs or Expositions—Participation by Municipalities
(other than constitutional) of such municipality or the legislative body or officers thereof to authorize and issue such
bonds, or to sell, execute, or deliver the same and notwithstanding any defects or irregularities (other than constitutional) in such proceedings. [1967 c 110 § 10.]
35.59.110 Powers and authority conferred deemed
additional and supplemental. The powers and authority
conferred upon municipalities under the provisions of this
chapter, shall be construed as in addition and supplemental to
powers or authority conferred by any other law, and nothing
contained herein shall be construed as limiting any other
powers or authority of such municipalities. [1967 c 110 §
11.]
35.59.110
35.59.900 Severability—1967 c 110. If any provision
of this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
[1967 c 110 § 12.]
35.59.900
Chapter 35.60 RCW
WORLD FAIRS OR EXPOSITIONS—
PARTICIPATION BY MUNICIPALITIES
Chapter 35.60
Sections
35.60.010
35.60.020
35.60.030
35.60.040
35.60.050
35.60.060
35.60.070
"Municipality" defined.
Participation, exercise of powers declared public purpose and
necessity.
Participation authorized—Powers—Costs.
Bonds—Laws applicable to authorization and issuance.
Authorization to appropriate funds and levy taxes.
Cooperation between municipalities—Use of facilities after
conclusion of fair or exposition—Intergovernmental disposition of property.
Chapter supplemental to other laws.
35.60.010 "Municipality" defined. "Municipality" as
used in this chapter, means any political subdivision or
municipal corporation of the state. [1965 c 7 § 35.60.010.
Prior: 1961 c 149 § 1; prior: 1961 c 39 § 1.]
35.60.010
State participation in world fair and state international trade fairs: RCW
43.31.800 through 43.31.850.
35.60.020 Participation, exercise of powers declared
public purpose and necessity. The participation of any
municipality in any world fair or exposition, whether held
within the boundaries of such municipality or within the
boundaries of another municipality; the purchase, lease, or
other acquisition of necessary lands therefor; the acquisition,
lease, construction, improvements, maintenance, and equipping of buildings or other structures upon such lands or other
lands; the operation and maintenance necessary for such participation, and the exercise of any other powers herein
granted to such municipalities, are hereby declared to be public, governmental, county and municipal functions, exercised
for a public purpose, and matters of public necessity, and
such lands and other property acquired, constructed,
improved, maintained, equipped, used, and disposed of by
such municipalities in the manner and for the purposes enumerated in this chapter shall and are hereby declared to be
acquired, constructed, improved, maintained, equipped, used,
and disposed of for public, governmental, county, and munic35.60.020
(2008 Ed.)
35.60.060
ipal purposes and as a matter of public necessity. [1965 c 7 §
35.60.020. Prior: 1961 c 149 § 2; prior: 1961 c 39 § 2.]
35.60.030 Participation authorized—Powers—Costs.
Municipalities are authorized to participate in any world fair
or exposition to be held within the state by the state or any
political subdivision or municipal corporation thereof,
whether held within the boundaries of such municipality or
within the boundaries of another municipality. Any municipality so participating is authorized, through its governing
authorities, to purchase, lease, or otherwise acquire property,
real or personal; to construct, improve, maintain and equip
buildings or other structures; and expend moneys for investigations, planning, operations, and maintenance necessary for
such participation.
The cost of any such acquisition, construction, improvement, maintenance, equipping, investigations, planning,
operation, or maintenance necessary for such participation
may be paid for by appropriation of moneys available therefor, gifts, or wholly or partly from the proceeds of bonds of
the municipality, as the governing authority of the municipality may determine. [1965 c 7 § 35.60.030. Prior: 1961 c 149
§ 3; prior: 1961 c 39 § 3.]
35.60.030
35.60.040 Bonds—Laws applicable to authorization
and issuance. Any bonds to be issued by any municipality
pursuant to the provisions of RCW 35.60.030, shall be authorized and issued in the manner and within the limitations prescribed by the Constitution and laws of this state or charter of
the municipality for the issuance and authorization of bonds
thereof for public purposes generally and secured by a general tax levy as provided by law. Such bonds shall be issued
and sold in accordance with chapter 39.46 RCW. [1984 c
186 § 20; 1983 c 167 § 51; 1965 c 7 § 35.60.040. Prior: 1961
c 149 § 4; prior: 1961 c 39 § 4.]
35.60.040
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.60.050 Authorization to appropriate funds and
levy taxes. The governing bodies having power to appropriate moneys within such municipalities for the purpose of purchasing, leasing or otherwise acquiring property, constructing, improving, maintaining, and equipping buildings or
other structures, and the investigations, planning, operation
or maintenance necessary to participation in any such world
fair or exposition, are hereby authorized to appropriate and
cause to be raised by taxation or otherwise in such municipalities, moneys sufficient to carry out such purpose. [1965 c 7
§ 35.60.050. Prior: 1961 c 149 § 5; prior: 1961 c 39 § 5.]
35.60.050
35.60.060 Cooperation between municipalities—Use
of facilities after conclusion of fair or exposition—Intergovernmental disposition of property. In any case where
the participation of a municipality includes the construction
of buildings or other structures on lands of another municipality, the governing authorities constructing such buildings
or structures shall endeavor to cooperate with such other
municipality for the construction and maintenance of such
buildings or structures to a standard of health and safety com35.60.060
[Title 35 RCW—page 221]
35.60.070
Title 35 RCW: Cities and Towns
mon in the county where the world fair or exposition is being
or will be held; and shall cooperate with such other municipality in any comprehensive plans it may promulgate for the
general construction and maintenance of said world fair or
exposition and utilization of the grounds and buildings or
structures after the conclusion of such world fair or exposition to the end that a reasonable, economic use of said buildings or structures shall be returned for the life of said buildings or structures.
The governing authorities of any municipality are hereby
authorized and empowered to sell, exchange, transfer, lease
or otherwise dispose of any property, real or personal,
acquired or constructed for the purpose of participation in
such fair or exposition, in accordance with the provisions of
RCW 39.33.010. [1965 c 7 § 35.60.060. Prior: 1961 c 149 §
6; prior: 1961 c 39 § 6.]
35.60.070 Chapter supplemental to other laws. The
powers and authority conferred upon municipalities under the
provisions of this chapter, shall be construed as in addition
and supplemental to powers or authority conferred by any
other law, and nothing contained herein shall be construed as
limiting any other powers or authority of such municipalities.
[1965 c 7 § 35.60.070. Prior: 1961 c 149 § 7; prior: 1961 c
39 § 7.]
35.60.070
35.61.310
35.61.315
35.61.350
35.61.360
35.61.370
Dissolution.
Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive for
five years.
Moorage facilities—Regulations authorized—Port charges,
delinquency—Abandoned vessels, public sale.
Withdrawal or reannexation of areas.
Park district containing city with population over one hundred
thousand—May commission police officers.
Acquisition of
land for and operation of public parks, beaches or camps: RCW
67.20.010.
real or personal property for park purposes, conditional sales contracts:
RCW 39.30.010.
Appeal of assessments and reassessments: RCW 35.44.200 through
35.44.270.
Contracts with community service organizations for public improvements:
RCW 35.21.278.
Limitations upon indebtedness: State Constitution Art. 7 § 2 (Amendments
55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW
84.52.050.
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review board: Chapter 36.93 RCW.
Metropolitan park district property subject to assessment: RCW 35.44.170.
Park and recreation districts: Chapter 36.69 RCW.
Public bonds, form, terms of sale, payment, etc.: Chapter 39.44 RCW.
Shorelands, parks or playgrounds, application, grant or exchange: RCW
79.125.710, 79.125.720.
35.61.001 Actions subject to review by boundary
review board. The creation of a metropolitan park district,
and an annexation by, or dissolution or disincorporation of, a
metropolitan park district may be subject to potential review
by a boundary review board under chapter 36.93 RCW.
[1989 c 84 § 31.]
35.61.001
Chapter 35.61
Chapter 35.61 RCW
METROPOLITAN PARK DISTRICTS
Sections
35.61.001
35.61.010
35.61.020
35.61.030
35.61.040
35.61.050
35.61.090
35.61.100
35.61.110
35.61.115
35.61.120
35.61.130
35.61.132
35.61.133
35.61.135
35.61.137
35.61.140
35.61.150
35.61.180
35.61.190
35.61.200
35.61.210
35.61.220
35.61.230
35.61.240
35.61.250
35.61.260
35.61.270
35.61.275
35.61.280
35.61.290
35.61.300
Actions subject to review by boundary review board.
Creation—Territory included.
Election—Resolution or petition—Area.
Election—Review by boundary review board—Question
stated.
Election—Creation of district.
Composition of board—Election of commissioners—Terms—
Vacancies.
Elections—Laws governing.
Indebtedness limit—Without popular vote.
Indebtedness limit—With popular vote.
Revenue bonds.
Park commissioners as officers of district—Organization.
Eminent domain—Park commissioners’ authority, generally—Prospective staff screening.
Disposition of surplus property.
Executory conditional sales contracts for purchase of property—Limit on indebtedness—Election, when.
Contracts—Competitive bidding—Small works roster—
Exemption.
Community revitalization financing—Public improvements.
Park commissioners—Civil service for employees.
Park commissioners—Compensation.
Designation of district treasurer.
Park district bonds—Retirement.
Park district bonds—Payment of interest.
Park district tax levy—Metropolitan park district fund.
Petition for improvements on assessment plan.
Objections—Appeal.
Assessment lien—Collection.
Territorial annexation—Authority—Petition.
Territorial annexation—Hearing on petition.
Territorial annexation—Election—Method.
Territorial annexation—Park district containing city with population over one hundred thousand—Assumption of indebtedness.
Territorial annexation—Election—Result.
Transfer of property by city, county, or other municipal corporation—Emergency grant, loan, of funds by city.
Transfer of property by city, county, or other municipal corporation—Assumption of indebtedness—Issuance of refunding
bonds.
[Title 35 RCW—page 222]
35.61.010 Creation—Territory included. A metropolitan park district may be created for the management, control, improvement, maintenance, and acquisition of parks,
parkways, boulevards, and recreational facilities. A metropolitan park district may include territory located in portions
or all of one or more cities or counties, or one or more cities
and counties, when created or enlarged as provided in this
chapter. [2002 c 88 § 1; 1994 c 81 § 60; 1985 c 416 § 1; 1965
c 7 § 35.61.010. Prior: 1959 c 45 § 1; 1943 c 264 § 1; Rem.
Supp. 1943 § 6741-1; prior: 1907 c 98 § 1; RRS § 6720.]
35.61.010
Validating—1943 c 264: "Acts of Metropolitan Park District Commissioners, and of the officers, employees and agents of Metropolitan Park Districts heretofore performed in good faith in accordance with the statutes
which are hereby re-enacted, are hereby validated, and all assessments, levies and collections and all proceedings to assess, levy and collect as well as
all debts, contracts and obligations heretofore made or incurred by or in favor
of any Metropolitan Park District heretofore at any time existing and all
bonds or other obligations thereof are hereby declared to be legal and valid
and of full force and effect." [1943 c 264 § 23.]
35.61.020 Election—Resolution or petition—Area.
(1) When proposed by citizen petition or by local government
resolution as provided in this section, a ballot proposition
authorizing the creation of a metropolitan park district shall
be submitted by resolution to the voters of the area proposed
to be included in the district at any general election, or at any
special election which may be called for that purpose.
(2) The ballot proposition shall be submitted if the governing body of each city in which all or a portion of the proposed district is located, and the legislative authority of each
35.61.020
(2008 Ed.)
Metropolitan Park Districts
county in which all or a portion of the proposed district is
located within the unincorporated portion of the county, each
adopts a resolution submitting the proposition to create a
metropolitan park district.
(3) As an alternative to the method provided under subsection (2) of this section, the ballot proposition shall be submitted if a petition proposing creation of a metropolitan park
district is submitted to the county auditor of each county in
which all or a portion of the proposed district is located that
is signed by at least fifteen percent of the registered voters
residing in the area to be included within the proposed district. Where the petition is for creation of a district in more
than one county, the petition shall be filed with the county
auditor of the county having the greater area of the proposed
district, and a copy filed with each other county auditor of the
other counties covering the proposed district.
Territory by virtue of its annexation to any city whose
territory lies entirely within a park district shall be deemed to
be within the limits of the metropolitan park district. Such an
extension of a park district’s boundaries shall not be subject
to review by a boundary review board independent of the
board’s review of the city annexation of territory. [2002 c 88
§ 2; 1965 c 7 § 35.61.020. Prior: 1943 c 264 § 2, part; Rem.
Supp. 1943 § 6741-2, part; prior: 1909 c 131 § 1; 1907 c 98
§ 2, part; RRS § 6721, part.]
35.61.030
35.61.030 Election—Review by boundary review
board—Question stated. (1) Except as provided in subsection (2) of this section for review by a boundary review
board, the ballot proposition authorizing creation of a metropolitan park district that is submitted to voters for their
approval or rejection shall appear on the ballot of the next
general election or at the next special election date specified
under *RCW 29.13.020 occurring sixty or more days after
the last resolution proposing the creation of the park district
is adopted or the date the county auditor certifies that the petition proposing the creation of the park district contains sufficient valid signatures. Where the petition or copy thereof is
filed with two or more county auditors in the case of a proposed district in two or more counties, the county auditors
shall confer and issue a joint certification upon finding that
the required number of signatures on the petition has been
obtained.
(2) Where the proposed district is located wholly or in
part in a county in which a boundary review board has been
created, notice of the proposal to create a metropolitan park
district shall be filed with the boundary review board as provided under RCW 36.93.090 and the special election at
which a ballot proposition authorizing creation of the park
district shall be held on the special election date specified
under *RCW 29.13.020 that is sixty or more days after the
date the boundary review board is deemed to have approved
the proposal, approves the proposal, or modifies and
approves the proposal. The creation of a metropolitan park
district is not subject to review by a boundary review board if
the proposed district only includes one or more cities and in
such cases the special election at which a ballot proposition
authorizing creation of the park district shall be held as if a
boundary review board does not exist in the county or counties.
(2008 Ed.)
35.61.050
(3) The petition proposing the creation of a metropolitan
park district, or the resolution submitting the question to the
voters, shall choose and describe the composition of the initial board of commissioners of the district that is proposed
under RCW 35.61.050 and shall choose a name for the district. The proposition shall include the following terms:
â "For the formation of a metropolitan park district to be
governed by [insert board composition described in ballot
proposition]."
â "Against the formation of a metropolitan park district."
[2002 c 88 § 3; 1985 c 469 § 32; 1965 c 7 § 35.61.030. Prior:
1943 c 264 § 2, part; Rem. Supp. 1943 § 6741-2, part; prior:
1909 c 131 § 1; 1907 c 98 § 2, part; RRS § 6721, part.]
*Reviser’s note: RCW 29.13.020 was recodified as RCW 29A.04.330
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
35.61.040 Election—Creation of district. If a majority
of the voters voting on the ballot proposition authorizing the
creation of the metropolitan park district vote in favor of the
formation of a metropolitan park district, the metropolitan
park district shall be created as a municipal corporation effective immediately upon certification of the election results and
its name shall be that designated in the ballot proposition.
[2002 c 88 § 4; 1965 c 7 § 35.61.040. Prior: 1943 c 264 § 3,
part; Rem. Supp. 1943 § 6741-3, part; prior: 1909 c 131 § 2;
1907 c 98 § 3, part; RRS § 6722, part.]
35.61.040
35.61.050 Composition of board—Election of commissioners—Terms—Vacancies. (1) The resolution or
petition submitting the ballot proposition shall designate the
composition of the board of metropolitan park commissioners from among the alternatives provided under subsections
(2) through (4) of this section. The ballot proposition shall
clearly describe the designated composition of the board.
(2) The commissioners of the district may be selected by
election, in which case at the same election at which the proposition is submitted to the voters as to whether a metropolitan
park district is to be formed, five park commissioners shall be
elected. The election of park commissioners shall be null and
void if the metropolitan park district is not created. Candidates shall run for specific commission positions. No primary
shall be held to nominate candidates. The person receiving
the greatest number of votes for each position shall be elected
as a commissioner. The staggering of the terms of office shall
occur as follows: (a) The two persons who are elected receiving the two greatest numbers of votes shall be elected to sixyear terms of office if the election is held in an odd-numbered
year or five-year terms of office if the election is held in an
even-numbered year; (b) the two persons who are elected
receiving the next two greatest numbers of votes shall be
elected to four-year terms of office if the election is held in an
odd-numbered year or three-year terms of office if the election is held in an even-numbered year; and (c) the other person who is elected shall be elected to a two-year term of
office if the election is held in an odd-numbered year or a
one-year term of office if the election is held in an even-numbered year. The initial commissioners shall take office immediately when they are elected and qualified, and for purposes
35.61.050
[Title 35 RCW—page 223]
35.61.090
Title 35 RCW: Cities and Towns
of computing their terms of office the terms shall be assumed
to commence on the first day of January in the year after they
are elected. Thereafter, all commissioners shall be elected to
six-year terms of office. All commissioners shall serve until
their respective successors are elected and qualified and
assume office in accordance with *RCW 29.04.170. Vacancies shall occur and shall be filled as provided in chapter
42.12 RCW.
(3) In a district wholly located within a city or within the
unincorporated area of a county, the governing body of such
city or legislative authority of such county may be designated
to serve in an ex officio capacity as the board of metropolitan
park commissioners, provided that when creation of the district is proposed by citizen petition, the city or county
approves by resolution such designation.
(4) Where the proposed district is located within more
than one city, more than one county, or any combination of
cities and counties, each city governing body and county legislative authority may be designated to collectively serve ex
officio as the board of metropolitan park commissioners
through selection of one or more members from each to serve
as the board, provided that when creation of the district is
proposed by citizen petition, each city governing body and
county legislative authority approve by resolution such designation. Within six months of the date of certification of election results approving creation of the district, the size and
membership of the board shall be determined through interlocal agreement of each city and county. The interlocal agreement shall specify the method for filling vacancies on the
board.
(5) Metropolitan park districts created by a vote of the
people prior to June 13, 2002, may not change the composition and method of selection of their governing authority
without approval of the voters. Should such a change be
desired, the board of park commissioners shall submit a ballot proposition to the voters of the metropolitan park district.
[2002 c 88 § 5; 1994 c 223 § 23; 1979 ex.s. c 126 § 24; 1965
c 7 § 35.61.050. Prior: 1943 c 264 § 3, part; Rem. Supp. 1943
§ 6741-3, part; prior: 1909 c 131 § 2; 1907 c 98 § 3, part;
RRS § 6722, part.]
*Reviser’s note: RCW 29.04.170 was recodified as RCW 29A.20.040
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
35.61.090 Elections—Laws governing. The manner of
holding any general or special election in a metropolitan park
district shall be in accordance with the general election laws
of this state insofar as they are not inconsistent with the provisions of this chapter. [1985 c 416 § 3; 1965 c 7 §
35.61.090. Prior: 1943 c 264 § 3, part; Rem. Supp. 1943 §
6741-3, part; prior: 1909 c 131 § 2; 1907 c 98 § 3, part; RRS
§ 6722, part.]
35.61.090
playgrounds, and parkway purposes, and the extension and
maintenance thereof, not exceeding, together with all other
outstanding nonvoter approved general indebtedness, onequarter of one percent of the value of the taxable property in
such metropolitan park district, as the term "value of the taxable property" is defined in RCW 39.36.015. General obligation bonds shall not be issued with a maximum term in excess
of twenty years. Such general obligation bonds shall be
issued and sold in accordance with chapter 39.46 RCW.
[1993 c 247 § 1; 1989 c 319 § 2; 1984 c 186 § 21; 1983 c 61
§ 1; 1970 ex.s. c 42 § 14; 1965 c 7 § 35.61.100. Prior: 1943
c 264 § 6; Rem. Supp. 1943 § 6741-6; prior: 1927 c 268 § 1;
1907 c 98 § 6; RRS § 6725.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
35.61.110 Indebtedness limit—With popular vote.
Every metropolitan park district may contract indebtedness
not exceeding in amount, together with existing voterapproved indebtedness and nonvoter-approved indebtedness,
equal to two and one-half percent of the value of the taxable
property in said district, as the term "value of the taxable
property" is defined in RCW 39.36.015, whenever threefifths of the voters voting at an election held in the metropolitan park district assent thereto; the election may be either a
special or a general election, and the park commissioners of
the metropolitan park district may cause the question of
incurring such indebtedness, and issuing negotiable bonds of
such metropolitan park district, to be submitted to the qualified voters of the district at any time. [1989 c 319 § 3; 1970
ex.s. c 42 § 15; 1965 c 7 § 35.61.110. Prior: 1943 c 264 § 7;
Rem. Supp. 1943 § 6741-7; prior: 1907 c 98 § 7; RRS §
6726.]
35.61.110
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
Limitations upon indebtedness: State Constitution Art. 7 § 2 (Amendments
55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW
84.52.050.
Validation requirement: RCW 39.40.010.
35.61.115 Revenue bonds. A metropolitan park district
may issue and sell revenue bonds as provided in chapter
39.46 RCW to be made payable from the operating revenues
of the metropolitan park district. [1989 c 319 § 1.]
35.61.115
Elections: Title 29A RCW.
35.61.120 Park commissioners as officers of district—Organization. The officers of a metropolitan park
district shall be a board of park commissioners consisting of
five members. The board shall annually elect one of their
number as president and another of their number as clerk of
the board. [1965 c 7 § 35.61.120. Prior: 1943 c 264 § 4, part;
Rem. Supp. 1943 § 6741-4, part; prior: 1919 c 135 § 1, part;
1907 c 98 § 4; RRS § 6723, part.]
35.61.100 Indebtedness limit—Without popular
vote. Every metropolitan park district through its board of
commissioners may contract indebtedness and evidence such
indebtedness by the issuance and sale of warrants, short-term
obligations as provided by chapter 39.50 RCW, or general
obligation bonds, for park, boulevard, aviation landings,
35.61.130 Eminent domain—Park commissioners’
authority, generally—Prospective staff screening. (1) A
metropolitan park district has the right of eminent domain,
and may purchase, acquire and condemn lands lying within
or without the boundaries of said park district, for public
parks, parkways, boulevards, aviation landings and play-
35.61.100
[Title 35 RCW—page 224]
35.61.120
35.61.130
(2008 Ed.)
Metropolitan Park Districts
grounds, and may condemn such lands to widen, alter and
extend streets, avenues, boulevards, parkways, aviation landings and playgrounds, to enlarge and extend existing parks,
and to acquire lands for the establishment of new parks, boulevards, parkways, aviation landings and playgrounds. The
right of eminent domain shall be exercised and instituted pursuant to resolution of the board of park commissioners and
conducted in the same manner and under the same procedure
as is or may be provided by law for the exercise of the power
of eminent domain by incorporated cities and towns of the
state of Washington in the acquisition of property rights:
PROVIDED, HOWEVER, Funds to pay for condemnation
allowed by this section shall be raised only as specified in this
chapter.
(2) The board of park commissioners shall have power to
employ counsel, and to regulate, manage and control the
parks, parkways, boulevards, streets, avenues, aviation landings and playgrounds under its control, and to provide for
park police, for a secretary of the board of park commissioners and for all necessary employees, to fix their salaries and
duties.
(3) The board of park commissioners shall have power to
improve, acquire, extend and maintain, open and lay out,
parks, parkways, boulevards, avenues, aviation landings and
playgrounds, within or without the park district, and to authorize, conduct and manage the letting of boats, or other amusement apparatus, the operation of bath houses, the purchase
and sale of foodstuffs or other merchandise, the giving of
vocal or instrumental concerts or other entertainments, the
establishment and maintenance of aviation landings and playgrounds, and generally the management and conduct of such
forms of recreation or business as it shall judge desirable or
beneficial for the public, or for the production of revenue for
expenditure for park purposes; and may pay out moneys for
the maintenance and improvement of any such parks, parkways, boulevards, avenues, aviation landings and playgrounds as now exist, or may hereafter be acquired, within or
without the limits of said city and for the purchase of lands
within or without the limits of said city, whenever it deems
the purchase to be for the benefit of the public and for the
interest of the park district, and for the maintenance and
improvement thereof and for all expenses incidental to its
duties: PROVIDED, That all parks, boulevards, parkways,
aviation landings and playgrounds shall be subject to the
police regulations of the city within whose limits they lie.
(4) For all employees, volunteers, or independent contractors, who may, in the course of their work or volunteer
activity with the park district, have unsupervised access to
children or vulnerable adults, or be responsible for collecting
or disbursing cash or processing credit/debit card transactions, park districts shall establish by resolution the requirements for a record check through the Washington state patrol
criminal identification system under RCW 43.43.830 through
43.43.834, 10.97.030, and 10.97.050 and through the federal
bureau of investigation, including a fingerprint check using a
complete Washington state criminal identification fingerprint
card. The park district shall provide a copy of the record
report to the employee, volunteer, or independent contractor.
When necessary, as determined by the park district, prospective employees, volunteers, or independent contractors may
be employed on a conditional basis pending completion of
(2008 Ed.)
35.61.135
the investigation. If the prospective employee, volunteer, or
independent contractor has had a record check within the previous twelve months, the park district may waive the requirement upon receiving a copy of the record. The park district
may in its discretion require that the prospective employee,
volunteer, or independent contractor pay the costs associated
with the record check. [2006 c 222 § 1; 1969 c 54 § 1; 1965
c 7 § 35.61.130. Prior: (i) 1943 c 264 § 4, part; Rem. Supp.
1943 § 6741-4, part; prior: 1919 c 135 § 1, part; 1907 c 98 §
4; RRS § 6723, part. (ii) 1943 c 264 § 14; Rem. Supp. 1943
§ 6741-14; prior: 1919 c 135 § 2; 1907 c 98 § 14; RRS §
6733.]
Outdoor recreation land acquisition or improvement under marine recreation land act: Chapter 79A.25 RCW.
35.61.132 Disposition of surplus property. Every
metropolitan park district may, by unanimous decision of its
board of park commissioners, sell, exchange, or otherwise
dispose of any real or personal property acquired for park or
recreational purposes when such property is declared surplus
for park or other recreational purposes: PROVIDED, That
where the property is acquired by donation or dedication for
park or recreational purposes, the consent of the donor or
dedicator, his or her heirs, successors, or assigns is first
obtained if the consent of the donor is required in the instrument conveying the property to the metropolitan park district.
In the event the donor or dedicator, his or her heirs, successors, or assigns cannot be located after a reasonable search,
the metropolitan park district may petition the superior court
in the county where the property is located for approval of the
sale. If sold, all sales shall be by public bids and sale made
only to the highest and best bidder. [1989 c 319 § 4; (2005 c
4 § 1 expired December 31, 2006); 1965 c 7 § 35.61.132.
Prior: 1959 c 93 § 1.]
35.61.132
Expiration date—2005 c 4 § 1: "Section 1 of this act expires December 31, 2006." [2005 c 4 § 2.]
35.61.133 Executory conditional sales contracts for
purchase of property—Limit on indebtedness—Election,
when. See RCW 39.30.010.
35.61.133
35.61.135 Contracts—Competitive bidding—Small
works roster—Exemption. (1) All work ordered, the estimated cost of which is in excess of five thousand dollars,
shall be let by contract and competitive bidding. Before
awarding any such contract the board of park commissioners
shall publish a notice in a newspaper of general circulation
where the district is located at least once thirteen days before
the last date upon which bids will be received, inviting sealed
proposals for such work, plans, and specifications which
must at the time of publication of such notice be on file in the
office of the board of park commissioners subject to the public inspection. The notice shall state generally the work to be
done and shall call for proposals for doing the same to be
sealed and filed with the board of park commissioners on or
before the day and hour named therein.
Each bid shall be accompanied by a certified or cashier’s
check or postal money order payable to the order of the metropolitan park district for a sum not less than five percent of
the amount of the bid, or accompanied by a bid bond in an
amount not less than five percent of the bid with a corporate
35.61.135
[Title 35 RCW—page 225]
35.61.137
Title 35 RCW: Cities and Towns
surety licensed to do business in the state, conditioned that
the bidder will pay the metropolitan park district as liquidated
damages the amount specified in the bond, unless the bidder
enters into a contract in accordance with the bidder’s bid, and
no bid shall be considered unless accompanied by such
check, cash, or bid bond. At the time and place named such
bids shall be publicly opened and read and the board of park
commissioners shall proceed to canvass the bids and may let
such contract to the lowest responsible bidder upon plans and
specifications on file or to the best bidder submitting the bidder’s own plans and specifications. The board of park commissioners may reject all bids for good cause and readvertise
and in such case all checks, cash, or bid bonds shall be
returned to the bidders. If the contract is let, then all checks,
cash, or bid bonds shall be returned to the bidders, except that
of the successful bidder, which shall be retained until a contract is entered into for doing the work, and a bond to perform
such work furnished with sureties satisfactory to the board of
park commissioners in the full amount of the contract price
between the bidder and the metropolitan park district in
accordance with the bid. If the bidder fails to enter into the
contract in accordance with the bid and furnish the bond
within ten days from the date at which the bidder is notified
that the bidder is the successful bidder, the check, cash, or bid
bonds and the amount thereof shall be forfeited to the metropolitan park district. If the bidder fails to enter into a contract
in accordance with the bidder’s bid, and the board of park
commissioners deems it necessary to take legal action to collect on any bid bond required by this section, then the metropolitan park district is entitled to collect from the bidder any
legal expenses, including reasonable attorneys’ fees occasioned thereby. A low bidder who claims error and fails to
enter into a contract is prohibited from bidding on the same
project if a second or subsequent call for bids is made for the
project.
(2) As an alternative to requirements under subsection
(1) of this section, a metropolitan park district may let contracts using the small works roster process under RCW
39.04.155.
(3) The park board may waive the competitive bidding
requirements of this section pursuant to RCW 39.04.280 if an
exemption contained within RCW 39.04.280 applies to the
purchase or public work. [2001 c 29 § 1.]
35.61.137
35.61.137 Community revitalization financing—
Public improvements. In addition to other authority that a
metropolitan park district possesses, a metropolitan park district may provide any public improvement as defined under
RCW 39.89.020, but this additional authority is limited to
participating in the financing of the public improvements as
provided under RCW 39.89.050.
This section does not limit the authority of a metropolitan park district to otherwise participate in the public
improvements if that authority exists elsewhere. [2001 c 212
§ 12.]
Severability—2001 c 212: See RCW 39.89.902.
35.61.140
35.61.140 Park commissioners—Civil service for
employees. A metropolitan park district may establish civil
[Title 35 RCW—page 226]
service for its employees by resolution upon the following
plan:
(1) It shall create a civil service commission with authority to appoint a personnel officer and to make rules and regulations for classification based upon suitable differences in
pay for differences in work, and for like pay for like work,
and for competitive entrance and promotional examinations;
for certifications, appointments, probationary service periods
and for dismissals therein; for demotions and promotions
based upon merit and for reemployments, suspensions, transfers, sick leaves and vacations; for lay-offs when necessary
according to seniority; for separations from the service by
discharge for cause; for hearings and reinstatements, for
establishing status for incumbent employees, and for prescribing penalties for violations.
(2) The civil service commission and personnel officer
shall adopt rules to be known as civil service rules to govern
the administration of personnel transactions and procedure.
The rules so adopted shall have the force and effect of law,
and, in any and all proceedings, the rules shall be liberally
interpreted and construed to the end that the purposes and
basic requirements of the civil service system may be given
the fullest force and effect. [1965 c 7 § 35.61.140. Prior:
1943 c 264 § 4, part; Rem. Supp. 1943 § 6741-4, part; prior:
1919 c 135 § 1, part; 1907 c 98 § 4; RRS § 6723, part.]
Public employment, civil service and pensions: Title 41 RCW.
35.61.150 Park commissioners—Compensation.
Metropolitan park commissioners selected by election
according to RCW 35.61.050(2) shall perform their duties
and may provide, by resolution passed by the commissioners,
for the payment of compensation to each of its commissioners at a rate of up to ninety dollars for each day or portion of
a day spent in actual attendance at official meetings or in performance of other official services or duties on behalf of the
district. However, the compensation for each commissioner
must not exceed eight thousand six hundred forty dollars per
year.
Any commissioner may waive all or any portion of his or
her compensation payable under this section as to any month
or months during his or her term of office, by a written waiver
filed with the clerk of the board. The waiver, to be effective,
must be filed any time after the commissioner’s election and
prior to the date on which the compensation would otherwise
be paid. The waiver shall specify the month or period of
months for which it is made.
The dollar thresholds established in this section must be
adjusted for inflation by the office of financial management
every five years, beginning July 1, 2008, based upon changes
in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year’s
annual average consumer price index, for Washington state,
for wage earners and clerical workers, all items, compiled by
the bureau of labor and statistics, United States department of
labor. If the bureau of labor and statistics develops more than
one consumer price index for areas within the state, the index
covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all
items shall be used for the adjustments for inflation in this
section. The office of financial management must calculate
35.61.150
(2008 Ed.)
Metropolitan Park Districts
the new dollar threshold and transmit it to the office of the
code reviser for publication in the Washington State Register
at least one month before the new dollar threshold is to take
effect.
A person holding office as commissioner for two or
more special purpose districts shall receive only that per diem
compensation authorized for one of his or her commissioner
positions as compensation for attending an official meeting
or conducting official services or duties while representing
more than one of his or her districts. However, such commissioner may receive additional per diem compensation if
approved by resolution of all boards of the affected commissions. [2007 c 469 § 1; 2002 c 88 § 6; 1998 c 121 § 1; 1965
c 7 § 35.61.150. Prior: 1943 c 264 § 3, part; Rem. Supp.
1943 § 6741-3, part; prior: 1909 c 131 § 2; 1907 c 98 § 3,
part; RRS § 6722, part.]
35.61.180 Designation of district treasurer. The
county treasurer of the county within which all, or the major
portion, of the district lies shall be the ex officio treasurer of
a metropolitan park district, but shall receive no compensation other than his or her regular salary for receiving and disbursing the funds of a metropolitan park district.
A metropolitan park district may designate someone
other than the county treasurer who has experience in financial or fiscal affairs to act as the district treasurer if the board
has received the approval of the county treasurer to designate
this person. If the board designates someone other than the
county treasurer to act as the district treasurer, the board shall
purchase a bond from a surety company operating in the state
that is sufficient to protect the district from loss. [1987 c 203
§ 1; 1983 c 167 § 55; 1965 c 7 § 35.61.180. Prior: 1943 c 264
§ 13; Rem. Supp. 1943 § 6741-13; prior: 1907 c 98 § 13;
RRS § 6732.]
35.61.180
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.61.190 Park district bonds—Retirement. Whenever there is money in the metropolitan park district fund and
the commissioners of the park district deem it advisable to
apply any part thereof to the payment of bonded indebtedness, they shall advertise in a newspaper of general circulation within the park district for the presentation to them for
payment of as many bonds as they may desire to pay with the
funds on hand, the bonds to be paid in numerical order,
beginning with the lowest number outstanding and called by
number.
Thirty days after the first publication of the notice by the
board calling in bonds they shall cease to bear interest, and
this shall be stated in the notice. [1985 c 469 § 33; 1965 c 7
§ 35.61.190. Prior: 1943 c 264 § 11; Rem. Supp. 1943 §
6741-11; prior: 1907 c 98 § 11; RRS § 6730.]
35.61.190
35.61.200 Park district bonds—Payment of interest.
Any coupons for the payment of interest on metropolitan
park district bonds shall be considered for all purposes as
warrants drawn upon the metropolitan park district fund
against which the bonds were issued, and when presented
after maturity to the treasurer of the county having custody of
the fund. If there are no funds in the treasury to pay the cou35.61.200
(2008 Ed.)
35.61.210
pons, the county treasurer shall endorse said coupons as presented for payment, in the same manner as county warrants
are endorsed, and thereafter the coupon shall bear interest at
the same rate as the bond to which it was attached. If there are
no funds in the treasury to make payment on a bond not having coupons, the interest payment shall continue bearing
interest at the bond rate until it is paid, unless otherwise provided in the proceedings authorizing the sale of the bonds.
[1983 c 167 § 56; 1965 c 7 § 35.61.200. Prior: 1943 c 264 §
12; Rem. Supp. 1943 § 6741-12; prior: 1907 c 98 § 12; RRS
§ 6731.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.61.210
35.61.210 Park district tax levy—Metropolitan park
district fund. The board of park commissioners may levy or
cause to be levied a general tax on all the property located in
said park district each year not to exceed fifty cents per thousand dollars of assessed value of the property in such park
district. In addition, the board of park commissioners may
levy or cause to be levied a general tax on all property located
in said park district each year not to exceed twenty-five cents
per thousand dollars of assessed valuation. Although park
districts are authorized to impose two separate regular property tax levies, the levies shall be considered to be a single
levy for purposes of the limitation provided for in chapter
84.55 RCW.
The board is hereby authorized to levy a general tax in
excess of its regular property tax levy or levies when authorized so to do at a special election conducted in accordance
with and subject to all the requirements of the Constitution
and laws of the state now in force or hereafter enacted governing the limitation of tax levies. The board is hereby authorized to call a special election for the purpose of submitting to
the qualified voters of the park district a proposition to levy a
tax in excess of the seventy-five cents per thousand dollars of
assessed value herein specifically authorized. The manner of
submitting any such proposition, of certifying the same, and
of giving or publishing notice thereof, shall be as provided by
law for the submission of propositions by cities or towns.
The board shall include in its general tax levy for each
year a sufficient sum to pay the interest on all outstanding
bonds and may include a sufficient amount to create a sinking
fund for the redemption of all outstanding bonds. The levy
shall be certified to the proper county officials for collection
the same as other general taxes and when collected, the general tax shall be placed in a separate fund in the office of the
county treasurer to be known as the "metropolitan park district fund" and disbursed under RCW 36.29.010(1) and
39.58.750. [2007 c 295 § 1; 1997 c 3 § 205 (Referendum Bill
No. 47, approved November 4, 1997); 1990 c 234 § 3; 1973
1st ex.s. c 195 § 25; 1965 c 7 § 35.61.210. Prior: 1951 c 179
§ 1; prior: (i) 1943 c 264 § 10, part; Rem. Supp. 1943 §
6741-10, part; prior: 1909 c 131 § 4; 1907 c 98 § 10; RRS §
6729. (ii) 1947 c 117 § 1; 1943 c 264 § 5; Rem. Supp. 1947
§ 6741-5; prior: 1925 ex.s. c 97 § 1; 1907 c 98 § 5; RRS §
6724.]
Intent—1997 c 3 §§ 201-207: See note following RCW 84.55.010.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
[Title 35 RCW—page 227]
35.61.220
Title 35 RCW: Cities and Towns
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
Limitation on levies: State Constitution Art. 7 § 2 (Amendments 55, 59),
RCW 84.52.050.
35.61.220 Petition for improvements on assessment
plan. If at any time any proposed improvement of any parkway, avenue, street, or boulevard is deemed by the board of
metropolitan park commissioners to be a special benefit to
the lands adjoining, contiguous, approximate to or in the
neighborhood of the proposed improvement, which lie within
the city, the board may so declare, describing the property to
be benefited. Thereupon they may petition the city council to
cause the improvement contemplated by the commissioners
to be done and made on the local assessment plan, and the
portion of the cost of the improvement as fixed by such
assessment roll to be assessed against the said property so
benefited in the same manner and under the same procedure
as of other local improvements, and the remainder of the cost
of such improvement to be paid out of the metropolitan park
district fund.
The board of park commissioners shall designate the
kind, manner and style of the improvement to be made, and
may designate the time within which it shall be made. [1965
c 7 § 35.61.220. Prior: 1943 c 264 § 15; Rem. Supp. 1943 §
6741-15; prior: 1909 c 131 § 5; 1907 c 98 § 15; RRS § 6734.]
35.61.220
Local improvements, supplemental authority: Chapter 35.51 RCW.
35.61.230 Objections—Appeal. Any person, firm or
corporation feeling aggrieved by the assessment against his
or its property may file objections with the city council and
may appeal from the order confirming the assessment roll in
the same manner as objections and appeals are made in
regard to local improvements in cities of the first class. [1965
c 7 § 35.61.230. Prior: 1943 c 264 § 16; Rem. Supp. 1943 §
6741-16; prior: 1907 c 98 § 17; RRS § 6736.]
35.61.230
Appeal of assessments and reassessments: RCW 35.44.200 through
35.44.270.
35.61.240 Assessment lien—Collection. The assessment for local improvements authorized by this chapter shall
become a lien in the same manner, and be governed by the
same law, as is provided for local assessments in cities of the
first class and be collected as such assessments are collected.
[1965 c 7 § 35.61.240. Prior: 1943 c 264 § 17; Rem. Supp.
1943 § 6741-17; prior: 1907 c 98 § 18; RRS § 6737.]
35.61.240
Collection and foreclosure of assessments: Chapters 35.49, 35.50 RCW.
35.61.250 Territorial annexation—Authority—Petition. The territory adjoining a metropolitan park district may
be annexed to and become a part thereof upon petition and an
election held pursuant thereto. The petition shall define the
territory proposed to be annexed and must be signed by
twenty-five registered voters, resident within the territory
proposed to be annexed, unless the territory is within the limits of another city when it must be signed by twenty percent
of the registered voters residing within the territory proposed
to be annexed. The petition must be addressed to the board of
park commissioners requesting that the question be submitted
to the legal voters of the territory proposed to be annexed,
whether they will be annexed and become a part of the park
district. [1985 c 416 § 4; 1965 c 7 § 35.61.250. Prior: 1943
c 264 § 20, part; Rem. Supp. 1943 § 6741-20, part; prior:
1907 c 98 § 20, part; RRS § 6739, part.]
35.61.260
35.61.260 Territorial annexation—Hearing on petition. Upon the filing of an annexation petition with the board
of park commissioners, if the commissioners concur in the
petition, they shall provide for a hearing to be held for the discussion of the proposed annexation at the office of the board
of park commissioners, and shall give due notice thereof by
publication at least once a week for two consecutive weeks
before the hearing in a newspaper of general circulation in the
park district. [1985 c 469 § 34; 1965 c 7 § 35.61.260. Prior:
1943 c 264 § 20, part; Rem. Supp. 1943 § 6741-20, part;
prior: 1907 c 98 § 20, part; RRS § 6739, part.]
35.61.270
35.61.270 Territorial annexation—Election—
Method. If the park commissioners concur in the petition,
they shall cause the proposal to be submitted to the electors of
the territory proposed to be annexed, at an election to be held
in the territory, which shall be called, canvassed and conducted in accordance with the general election laws. The
board of park commissioners by resolution shall fix a time for
the holding of the election to determine the question of
annexation, and in addition to the notice required by *RCW
29.27.080 shall give notice thereof by causing notice to be
published once a week for two consecutive weeks in a newspaper of general circulation in the park district, and by posting notices in five public places within the territory proposed
to be annexed in the district.
The ballot to be used at the election shall be in the following form:
â "For annexation to metropolitan park district."
â "Against annexation to metropolitan park district."
[1985 c 469 § 35; 1965 c 7 § 35.61.270. Prior: 1943 c 264 §
20, part; Rem. Supp. 1943 § 6741-20, part; prior: 1907 c 98
§ 20, part; RRS § 6739, part.]
*Reviser’s note: RCW 29.27.080 was recodified as RCW 29A.52.350
pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29A.52.350 was
subsequently repealed by 2004 c 271 § 193. Later enactment of RCW
29A.52.350, see RCW 29A.52.351.
Canvassing returns, generally: Chapter 29A.60 RCW.
Conduct of elections—Canvass: RCW 29A.60.010.
Times for holding elections: RCW 29A.04.311 through 29A.04.330.
35.61.250
[Title 35 RCW—page 228]
35.61.275
35.61.275 Territorial annexation—Park district containing city with population over one hundred thousand—Assumption of indebtedness. The board of park
commissioners of any metropolitan park district which
includes a city with a population greater than one hundred
thousand may submit to the electorate of the territory sought
to be annexed a proposition that all property within the area
annexed shall, upon annexation, be assessed and taxed at the
same rate and on the same basis as the property of such
annexing metropolitan park district to pay for all or any portion of the then outstanding indebtedness of the metropolitan
park district. [1989 c 319 § 6.]
(2008 Ed.)
Metropolitan Park Districts
35.61.280 Territorial annexation—Election—Result.
The canvassing authority shall cause a statement of the result
of such election to be forwarded to the board of park commissioners for entry on the record of the board. If the majority of
the votes cast upon that question at the election shall favor
annexation, the territory shall immediately become annexed
to the park district, and shall thenceforth be a part of the park
district, the same as though originally included in the district.
The expense of such election shall be paid out of park district
funds. [1965 c 7 § 35.61.280. Prior: (i) 1943 c 264 § 20, part;
Rem. Supp. 1943 § 6741-20, part; prior: 1907 c 98 § 20, part;
RRS § 6739, part. (ii) 1943 c 264 § 21; Rem. Supp. 1943 §
6741-21; prior: 1907 c 98 § 21; RRS § 6740.]
35.61.280
35.61.290 Transfer of property by city, county, or
other municipal corporation—Emergency grant, loan, of
funds by city. (1) Any city within or comprising any metropolitan park district may turn over to the park district any
lands which it may own, or any street, avenue, or public place
within the city for playground, park or parkway purposes,
and thereafter its control and management shall vest in the
board of park commissioners: PROVIDED, That the police
regulations of such city shall apply to all such premises.
At any time that any such metropolitan park district is
unable, through lack of sufficient funds, to provide for the
continuous operation, maintenance and improvement of the
parks and playgrounds and other properties or facilities
owned by it or under its control, and the legislative body of
any city within or comprising such metropolitan park district
shall determine that an emergency exists requiring the financial aid of such city to be extended in order to provide for
such continuous operation, maintenance and/or improvement
of parks, playgrounds facilities, other properties, and programs of such park district within its limits, such city may
grant or loan to such metropolitan park district such of its
available funds, or such funds which it may lawfully procure
and make available, as it shall find necessary to provide for
such continuous operation and maintenance and, pursuant
thereto, any such city and the board of park commissioners of
such district are authorized and empowered to enter into an
agreement embodying such terms and conditions of any such
grant or loan as may be mutually agreed upon.
The board of metropolitan park commissioners may
accept public streets of the city and grounds for public purposes when donated for park, playground, boulevard and
park purposes.
(2) Counties and other municipal corporations, including
but not limited to park and recreation districts operating
under chapter 36.69 RCW, may transfer to the metropolitan
park district, with or without consideration therefor, any
lands, facilities, equipment, other interests in real or personal
property, or interests under contracts, leases, or similar agreements. The board of metropolitan park commissioners may
accept, for metropolitan park district purposes, such transfer
of lands, facilities, equipment, other interests in real or personal property, and interests under contracts, leases, or similar agreements. [2005 c 226 § 1; 1985 c 416 § 5; 1965 c 7 §
35.61.290. Prior: 1953 c 194 § 1. Formerly: (i) 1943 c 264
§ 18; Rem. Supp. 1943 § 6741-18; prior: 1907 c 98 § 16;
RRS § 6735. (ii) 1943 c 264 § 19; Rem. Supp. 1943 § 674119; prior: 1907 c 98 § 19; RRS § 6738.]
35.61.290
(2008 Ed.)
35.61.310
Application—2005 c 226: "Sections 1 through 3 of this act apply retroactively to metropolitan park district elections occurring on or after May 1,
2004." [2005 c 226 § 4.]
Effective date—2005 c 226: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 28, 2005]." [2005 c 226 § 5.]
35.61.300 Transfer of property by city, county, or
other municipal corporation—Assumption of indebtedness—Issuance of refunding bonds. (1) When any metropolitan park district is formed pursuant to this chapter and
assumes control of the parks, parkways, boulevards, and park
property of the city in which said park district is created, or
the metropolitan park district accepts, pursuant to RCW
35.61.290, any lands, facilities, equipment, other interests in
real or personal property, or interests under contracts, leases,
or similar agreements from a county or other municipal corporation (including but not limited to a park and recreation
district operating under chapter 36.69 RCW), such metropolitan park district may assume all existing indebtedness,
bonded or otherwise, incurred in relation to the transferred
property or interest, in which case it shall arrange by taxation
or issuing bonds, as herein provided, for the payment of such
indebtedness, and shall relieve such city, county, or municipal corporation from such payment.
(2) A metropolitan park district is hereby given authority
to issue refunding bonds when necessary, subject to chapters
39.36 and 39.53 RCW, in order to enable it to comply with
this section.
(3)(a) In addition, refunding bonds issued under subsection (2) of this section for the purpose of assuming existing
voter-approved indebtedness may be issued, by majority vote
of the commissioners, as voter-approved indebtedness, if:
(i) The boundaries of the metropolitan park district are
identical to the boundaries of the taxing district in which
voter approval was originally obtained;
(ii) The governing body of the original taxing district has
adopted a resolution declaring its intent to dissolve its operations and has named the metropolitan park district as its successor; and
(iii) The requisite number of voters of the original taxing
district approved issuance of the indebtedness and the levy of
excess taxes to pay and retire that indebtedness.
(b) A metropolitan park district acting under this subsection (3) is deemed the successor to the original taxing district
and any refunding bonds issued under this subsection (3)
constitute voter-approved indebtedness. The metropolitan
park district shall levy and collect annual property taxes in
excess of the district’s regular property tax levy, in an amount
sufficient to pay and retire the principal of and interest on
those refunding bonds. [2005 c 226 § 2; 1985 c 416 § 6; 1965
c 7 § 35.61.300. Prior: 1943 c 264 § 22; Rem. Supp. 1943 §
6741-22; prior: 1907 c 98 § 22; RRS § 6741.]
35.61.300
Application—Effective date—2005 c 226: See notes following RCW
35.61.290.
35.61.310 Dissolution. A board of commissioners of a
metropolitan park district may, upon a majority vote of all its
members, dissolve any metropolitan park district, prorate the
liabilities thereof, and turn over to the city and/or county so
much of the district as is respectively located therein, when:
35.61.310
[Title 35 RCW—page 229]
35.61.315
Title 35 RCW: Cities and Towns
(1) Such city and/or county, through its governing officials, agrees to, and petitions for, such dissolution and the
assumption of such assets and liabilities, or;
(2) Ten percent of the voters of such city and/or county
who voted at the last general election petition the governing
officials for such a vote. [1965 c 7 § 35.61.310. Prior: 1953
c 269 § 1.]
Dissolution of special districts: Chapters 36.96 and 53.48 RCW.
35.61.315 Disincorporation of district located in
county with a population of two hundred ten thousand or
more and inactive for five years. See chapter 57.90 RCW.
35.61.315
35.61.350 Moorage facilities—Regulations authorized—Port charges, delinquency—Abandoned vessels,
public sale. See RCW 53.08.310 and 53.08.320.
35.61.350
petition calling for a referendum is filed with the city or town
council, or county legislative authority, within a thirty-day
period after the adoption of the second resolution, which petition has been signed by registered voters of the area proposed
to be reannexed equal in number to ten percent of the total
number of the registered voters residing in that area.
If a valid petition signed by the requisite number of registered voters has been so filed, the effect of the resolutions
shall be held in abeyance and a ballot proposition to authorize
the reannexation shall be submitted to the voters of the area at
the next special election date according to RCW 29A.04.330.
Approval of the ballot proposition authorizing the reannexation by a simple majority vote shall authorize the reannexation. [2006 c 344 § 24; 1987 c 138 § 2.]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
35.61.370 Park district containing city with population over one hundred thousand—May commission police
officers. A metropolitan park district which contains a city
with a population greater than one hundred thousand may
commission its own police officers with full police powers to
enforce the laws and regulations of the city or county on metropolitan park district property. Police officers initially
employed after June 30, 1989, pursuant to this section shall
be required to successfully complete basic law enforcement
training in accordance with chapter 43.101 RCW. [1989 c
319 § 5.]
35.61.370
35.61.360 Withdrawal or reannexation of areas. (1)
As provided in this section, a metropolitan park district may
withdraw areas from its boundaries, or reannex areas into the
metropolitan park district that previously had been withdrawn from the metropolitan park district under this section.
(2) The withdrawal of an area shall be authorized upon:
(a) Adoption of a resolution by the park district commissioners requesting the withdrawal and finding that, in the opinion
of the commissioners, inclusion of this area within the metropolitan park district will result in a reduction of the district’s
tax levy rate under the provisions of RCW 84.52.010; and (b)
adoption of a resolution by the city or town council approving
the withdrawal, if the area is located within the city or town,
or adoption of a resolution by the county legislative authority
of the county within which the area is located approving the
withdrawal, if the area is located outside of a city or town. A
withdrawal shall be effective at the end of the day on the
thirty-first day of December in the year in which the resolutions are adopted, but for purposes of establishing boundaries
for property tax purposes, the boundaries shall be established
immediately upon the adoption of the second resolution.
The withdrawal of an area from the boundaries of a metropolitan park district shall not exempt any property therein
from taxation for the purpose of paying the costs of redeeming any indebtedness of the metropolitan park district existing at the time of the withdrawal.
(3) An area that has been withdrawn from the boundaries
of a metropolitan park district under this section may be reannexed into the metropolitan park district upon: (a) Adoption
of a resolution by the park district commissioners proposing
the reannexation; and (b) adoption of a resolution by the city
or town council approving the reannexation, if the area is
located within the city or town, or adoption of a resolution by
the county legislative authority of the county within which
the area is located approving the reannexation, if the area is
located outside of a city or town. The reannexation shall be
effective at the end of the day on the thirty-first day of
December in the year in which the adoption of the second resolution occurs, but for purposes of establishing boundaries
for property tax purposes, the boundaries shall be established
immediately upon the adoption of the second resolution.
Referendum action on the proposed reannexation may be
taken by the voters of the area proposed to be reannexed if a
35.61.360
[Title 35 RCW—page 230]
Chapter 35.62
Chapter 35.62 RCW
NAME—CHANGE OF
Sections
35.62.010
35.62.021
35.62.031
35.62.041
35.62.060
Authority for.
Election—Petition or resolution.
Ballot—One name proposed.
Ballot—More than one name proposed—Votes necessary.
Results—Certification.
35.62.010 Authority for. Any city or town may change
its name in accordance with the procedure provided in this
chapter. [1965 c 7 § 35.62.010. Prior: 1925 ex.s. c 146 § 1;
RRS § 8891-1.]
35.62.010
35.62.021 Election—Petition or resolution. The question of whether the name of a city or town shall be changed
shall be presented to the voters of the city or town upon
either: (1) The adoption of a resolution by the city or town
council proposing a specific name change; or (2) the submission of a petition proposing a specific name change that has
been signed by voters of the city or town equal in number to
at least ten percent of the total number of voters of the city or
town who voted at the last municipal general election. However, for any newly incorporated city or town that has not had
city officials elected at a normal general municipal election,
the election that is used as the base for determining the number of required signatures shall be the election at which the
initial elected officials were elected.
The election on changing the name of the city or town
shall be held at the next general election occurring sixty or
more days after the resolution was adopted, or the resolution
35.62.021
(2008 Ed.)
Planning Commissions
[petition] was submitted that has been certified by the county
auditor as having sufficient valid signatures. [1990 c 193 §
1.]
35.62.031 Ballot—One name proposed. Where only
one new name has been proposed by petition or resolution
such question shall be in substantially the following form:
35.62.031
"Shall the name of the city (or town) of (insert name) be
changed to the city (or town) of (insert the proposed new
name) ?
Yes . . .
No . . ."
If a majority of the votes cast favor the name change, the city
or town shall have its name changed effective thirty days
after the certification of the election results. [1990 c 193 § 2.]
35.62.041 Ballot—More than one name proposed—
Votes necessary. Where more than one name is proposed by
either petition or resolution, the question shall be separated
into two separate parts and shall be in substantially the following form:
35.62.041
"Shall the name of the city (or town) of
changed?
(insert name)
be
Yes . . .
No . . ."
"If a name change is approved, which of the following should
be the new name?
(insert name)
(insert name)
Vote for one."
Voters may select a name change whether or not they vote in
favor of changing the name of the city or town. If a majority
of the votes cast on the first proposition favor changing the
name, the name that receives at least a majority of the total
number of votes cast for an alternative name shall become the
new name of the city or town effective thirty days after the
certification of the election results.
If no alternative name receives a simple majority vote,
then an election shall be held at the next November special
election date, at which voters shall be given the option of
choosing which of the two alternative names that received the
most votes shall become the new name of the city or town.
This ballot proposition shall be worded substantially as follows:
"Which of the following names shall become the new name
of the city (or town) of (insert name) ?
(insert name)
(insert name)
Vote for one."
The name that receives the majority vote shall become the
new name of the city or town effective thirty days after the
certification of the election results. [1990 c 193 § 3.]
(2008 Ed.)
Chapter 35.63
35.62.060 Results—Certification. Whenever any city
or town has changed its name, the clerk shall certify the new
name to the secretary of state prior to the date when the
change takes effect. [1965 c 7 § 35.62.060. Prior: 1925 ex.s.
c 146 § 6; RRS § 8891-6.]
35.62.060
Chapter 35.63
Chapter 35.63 RCW
PLANNING COMMISSIONS
Sections
35.63.010
35.63.015
35.63.020
35.63.030
35.63.040
35.63.050
35.63.060
35.63.065
35.63.070
35.63.080
35.63.090
35.63.100
35.63.105
35.63.110
35.63.120
35.63.125
35.63.130
35.63.140
35.63.150
35.63.160
35.63.161
35.63.170
35.63.180
35.63.185
35.63.200
35.63.210
35.63.220
35.63.230
35.63.240
35.63.250
35.63.260
Definitions.
"Solar energy system" defined.
Commissioners—Manner of appointment.
Commissioners—Number—Tenure—Compensation.
Commissions—Organization—Meeting—Rules.
Expenditures.
Powers of commissions.
Public notice—Identification of affected property.
Regional commissions—Appointment—Powers.
Restrictions on buildings—Use of land.
Restrictions—Purposes of.
Restrictions—Recommendations of commission—Hearings—Adoption of comprehensive plan—Certifying—Filing or recording.
Amendments to comprehensive plan to be adopted, certified,
and recorded or filed in accordance with RCW 35.63.100.
Restrictive zones.
Supplemental restrictions—Hearing—Affirmance, disaffirmance, modification of commission’s decision.
Development regulations—Consistency with comprehensive
plan.
Hearing examiner system—Adoption authorized—Alternative—Functions—Procedures.
Residential care facilities—Review of need and demand—
Adoption of ordinances.
Conformance with chapter 43.97 RCW required.
Regulation of manufactured homes—Definitions.
Manufactured housing communities—Elimination of existing
community by city prohibited.
Definitions.
Child care facilities—Review of need and demand—Adoption
of ordinances.
Family day-care provider’s home facility—City may not prohibit in residential or commercial area—Conditions.
Moratoria, interim zoning controls—Public hearing—Limitation on length.
Accessory apartments.
Treatment of residential structures occupied by persons with
handicaps.
Watershed restoration projects—Permit processing—Fish
habitat enhancement project.
Planning regulations—Copies provided to county assessor.
General aviation airports.
Conditional and special use permit applications by parties
licensed or certified by the department of social and health
services or the department of corrections—Mediation prior
to appeal required.
Acquisition of interests in land for conservation, protection, preservation, or
open space purposes by cities or towns: RCW 64.04.130.
Adult family homes—Permitted use in residential and commercial zones:
RCW 70.128.175.
Airport zoning: Chapter 14.12 RCW.
Appearance of fairness doctrine—Application to local land use decisions:
RCW 42.36.010.
Approval of proposed plats, subdivisions, and dedications of land: Chapter
58.17 RCW.
Boundaries and plats: Title 58 RCW.
Counties, planning enabling act: Chapter 36.70 RCW.
County sewerage, water and drainage systems: Chapter 36.94 RCW.
Housing authorities law: Chapter 35.82 RCW.
Joint operations by municipal corporations or political subdivisions, deposit
and control of funds: RCW 43.09.285.
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review board: Chapter 36.93 RCW.
[Title 35 RCW—page 231]
35.63.010
Title 35 RCW: Cities and Towns
Municipal revenue bond act: Chapter 35.41 RCW.
Police and sanitary regulations: State Constitution Art. 11 § 11.
Recording of plats: Chapter 58.08 RCW.
35.63.010 Definitions. As used in this chapter the following terms shall have the meaning herein given them:
"Appointive members" means all members of a commission other than ex officio members;
"Board" means the board of county commissioners;
"City" includes every incorporated city and town;
"Commission" means a city or county planning commission;
"Council" means the chief legislative body of a city;
"Ex officio members" means the members of a commission chosen from among city or county officials;
"Highways" include streets, roads, boulevards, lanes,
alleys, viaducts and other traveled ways;
"Mayor" means the chief executive of a city;
"Municipality" includes every county and city. [1965 c
7 § 35.63.010. Prior: 1935 c 44 § 1; RRS § 9322-1.]
35.63.010
35.63.015 "Solar energy system" defined. As used in
this chapter, "solar energy system" means any device or combination of devices or elements which rely upon direct sunlight as an energy source, including but not limited to any
substance or device which collects sunlight for use in:
(1) The heating or cooling of a structure or building;
(2) The heating or pumping of water;
(3) Industrial, commercial, or agricultural processes; or
(4) The generation of electricity.
A solar energy system may be used for purposes in addition to the collection of solar energy. These uses include, but
are not limited to, serving as a structural member or part of a
roof of a building or structure and serving as a window or
wall. [1979 ex.s. c 170 § 2.]
35.63.015
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
Local governments authorized to encourage and protect solar energy systems: RCW 64.04.140.
35.63.020 Commissioners—Manner of appointment.
If any council or board desires to avail itself of the powers
conferred by this chapter it shall create a city or county planning commission consisting of from three to twelve members
to be appointed by the mayor or chairman of the municipality
and confirmed by the council or board: PROVIDED, That in
cities of the first class having a commission form of government consisting of three or more members, the commissioner
of public works shall appoint the planning commission,
which appointment shall be confirmed by a majority of the
city commissioners. Cities of the first class operating under
self-government charters may extend the membership and the
duties and powers of its commission beyond those prescribed
in this chapter. [1965 c 7 § 35.63.020. Prior: (i) 1935 c 44 §
2, part; RRS § 9322-2, part. (ii) 1935 c 44 § 12; RRS § 932212.]
35.63.020
35.63.030 Commissioners—Number—Tenure—
Compensation. The ordinance, resolution or act creating the
commission shall set forth the number of members to be
appointed, not more than one-third of which number may be
35.63.030
[Title 35 RCW—page 232]
ex officio members by virtue of office held in any municipality. The term of office for ex officio members shall correspond to their respective tenures. The term of office for the
first appointive members appointed to such commission shall
be designated from one to six years in such manner as to provide that the fewest possible terms will expire in any one
year. Thereafter the term of office for each appointive member shall be six years.
Vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired term. Members
may be removed, after public hearing, by the appointing official, with the approval of his council or board, for inefficiency, neglect of duty or malfeasance in office.
The members shall be selected without respect to political affiliations and they shall serve without compensation.
[1965 c 7 § 35.63.030. Prior: 1935 c 44 § 2, part; RRS §
9322-2, part.]
35.63.040 Commissions—Organization—Meeting—
Rules. The commission shall elect its own chairman and create and fill such other offices as it may determine it requires.
The commission shall hold at least one regular meeting in
each month for not less than nine months in each year. It shall
adopt rules for transaction of business and shall keep a written record of its meetings, resolutions, transactions, findings
and determinations which record shall be a public record.
[1965 c 7 § 35.63.040. Prior: 1935 c 44 § 3; RRS § 9322-3.]
35.63.040
35.63.050 Expenditures. The expenditures of any
commission or regional commission authorized and established under this chapter, exclusive of gifts, shall be within
the amounts appropriated for the purpose by the council or
board. Within such limits, any commission may employ such
employees and expert consultants as are deemed necessary
for its work. [1965 c 7 § 35.63.050. Prior: 1935 c 44 § 4;
RRS § 9322-4.]
35.63.050
35.63.060 Powers of commissions. The commission
may act as the research and fact finding agency of the municipality. To that end it may make such surveys, analyses,
researches and reports as are generally authorized or
requested by its council or board, or by the state with the
approval of its council or board. The commission, upon such
request or authority may also:
(1) Make inquiries, investigations, and surveys concerning the resources of the county, including but not limited to
the potential for solar energy development and alternative
means to encourage and protect access to direct sunlight for
solar energy systems;
(2) Assemble and analyze the data thus obtained and formulate plans for the conservation of such resources and the
systematic utilization and development thereof;
(3) Make recommendations from time to time as to the
best methods of such conservation, utilization, and development;
(4) Cooperate with other commissions and with other
public agencies of the municipality, state and United States in
such planning, conservation, and development; and
(5) In particular cooperate with and aid the state within
its territorial limits in the preparation of the state master plan
35.63.060
(2008 Ed.)
Planning Commissions
provided for in RCW 43.21A.350 and in advance planning of
public works programs.
In carrying out its powers and duties, the commission
should demonstrate how land use planning is integrated with
transportation planning. [2002 c 189 § 1; 1988 c 127 § 1;
1979 ex.s. c 170 § 3; 1965 c 7 § 35.63.060. Prior: 1935 c 44
§ 10; RRS § 9322-10.]
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
35.63.065 Public notice—Identification of affected
property. Any notice made under chapter 35.63 RCW that
identifies affected property may identify this affected property without using a legal description of the property including, but not limited to, identification by an address, written
description, vicinity sketch, or other reasonable means.
[1988 c 168 § 9.]
35.63.065
35.63.070 Regional commissions—Appointment—
Powers. The commissions of two or more adjoining counties, of two or more adjacent cities and towns, of one or more
cities and towns and/or one or more counties, together with
the boards of such counties and the councils of such cities and
towns may cooperate to form, organize and administer a
regional planning commission for the making of a regional
plan for the region defined as may be agreed upon by the
commissions, boards and councils. The regional commission
when requested by the commissions of its region, may further
perform any of the other duties for its region that are specified in RCW 35.63.060 for city and county commissions. The
number of members of a regional commission, their method
of appointment and the proportion of the cost of regional
planning, surveys and studies to be borne respectively by the
various counties and cities in the region, shall be such as may
be agreed upon by commissions, boards and councils.
Any regional planning commission, or the councils or
boards respectively of any city, town, or county, are authorized to receive grants-in-aid from the government of the
United States or of any of its agencies, and are authorized to
enter into any reasonable agreement with any department or
agency of the government of the United States to arrange for
the receipt of federal funds for planning in the interest of furthering the planning program. [1965 c 7 § 35.63.070. Prior:
1957 c 130 § 1; 1935 c 44 § 11; RRS § 9322-11.]
35.63.070
Commission as employer for retirement system purposes: RCW 41.40.010.
35.63.080 Restrictions on buildings—Use of land.
The council or board may provide for the preparation by its
commission and the adoption and enforcement of coordinated plans for the physical development of the municipality.
For this purpose the council or board, in such measure as is
deemed reasonably necessary or requisite in the interest of
health, safety, morals and the general welfare, upon recommendation by its commission, by general ordinances of the
city or general resolution of the board, may regulate and
restrict the location and the use of buildings, structures and
land for residence, trade, industrial and other purposes; the
height, number of stories, size, construction and design of
buildings and other structures; the size of yards, courts and
other open spaces on the lot or tract; the density of population; the set-back of buildings along highways, parks or pub35.63.080
(2008 Ed.)
35.63.100
lic water frontages; and the subdivision and development of
land; and may encourage and protect access to direct sunlight
for solar energy systems. A council where such ordinances
are in effect, may, on the recommendation of its commission
provide for the appointment of a board of adjustment, to
make, in appropriate cases and subject to appropriate conditions and safeguards established by ordinance, special exceptions in harmony with the general purposes and intent and in
accordance with general or specific rules therein contained.
[1979 ex.s. c 170 § 4; 1965 c 7 § 35.63.080. Prior: 1935 c 44
§ 5; RRS § 9322-5.]
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
35.63.090
35.63.090 Restrictions—Purposes of. All regulations
shall be worked out as parts of a comprehensive plan which
each commission shall prepare for the physical and other
generally advantageous development of the municipality and
shall be designed, among other things, to encourage the most
appropriate use of land throughout the municipality; to lessen
traffic congestion and accidents; to secure safety from fire; to
provide adequate light and air; to prevent overcrowding of
land; to avoid undue concentration of population; to promote
a coordinated development of the unbuilt areas; to encourage
the formation of neighborhood or community units; to secure
an appropriate allotment of land area in new developments
for all the requirements of community life; to conserve and
restore natural beauty and other natural resources; to encourage and protect access to direct sunlight for solar energy systems; and to facilitate the adequate provision of transportation, water, sewerage and other public uses and requirements,
including protection of the quality and quantity of groundwater used for public water supplies. Each plan shall include a
review of drainage, flooding, and storm water run-off in the
area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that
pollute Puget Sound or waters entering Puget Sound. [1985 c
126 § 1; 1984 c 253 § 1; 1979 ex.s. c 170 § 5; 1965 c 7 §
35.63.090. Prior: 1935 c 44 § 7; RRS § 9322-7.]
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
35.63.100
35.63.100 Restrictions—Recommendations of commission—Hearings—Adoption of comprehensive plan—
Certifying—Filing or recording. The commission may recommend to its council or board the plan prepared by it as a
whole, or may recommend parts of the plan by successive
recommendations; the parts corresponding with geographic
or political sections, division or subdivisions of the municipality, or with functional subdivisions of the subject matter of
the plan, or in the case of counties, with suburban settlement
or arterial highway area. It may also prepare and recommend
any amendment or extension thereof or addition thereto.
Before the recommendation of the initial plan to the
municipality the commission shall hold at least one public
hearing thereon, giving notice of the time and place by one
publication in a newspaper of general circulation in the
municipality and in the official gazette, if any, of the municipality.
The council may adopt by resolution or ordinance and
the board may adopt by resolution the plan recommended to
[Title 35 RCW—page 233]
35.63.105
Title 35 RCW: Cities and Towns
it by the commission, or any part of the plan, as the comprehensive plan.
A true copy of the resolution of the board adopting or
embodying such plan or any part thereof or any amendment
thereto shall be certified by the clerk of the board and filed
with the county auditor. A like certified copy of any map or
plat referred to or adopted by the county resolution shall likewise be filed with the county auditor. The auditor shall record
the resolution and keep on file the map or plat.
The original resolution or ordinance of the council
adopting or embodying such plan or any part thereof or any
amendment thereto shall be certified by the clerk of the city
and filed by him. The original of any map or plat referred to
or adopted by the resolution or ordinance of the council shall
likewise be certified by the clerk of the city and filed by him.
The clerk shall keep on file the resolution or ordinance and
map or plat. [1967 ex.s. c 144 § 8; 1965 c 7 § 35.63.100.
Prior: 1935 c 44 § 8; RRS § 9322-8.]
Effective date—1967 ex.s. c 144: The effective date of 1967 ex.s. c
144 is July 30, 1967.
Severability—1967 ex.s. c 144: See note following RCW 36.900.030.
Validation—1967 ex.s. c 144: "Any city comprehensive plan and all
amendments thereto which have been filed or recorded with the county auditor prior to the effective date of this 1967 amendatory act shall be valid and
need not be refiled with the clerk of the city to remain valid and in full force
and effect." [1967 ex.s. c 144 § 10.]
35.63.105 Amendments to comprehensive plan to be
adopted, certified, and recorded or filed in accordance
with RCW 35.63.100. All amendments to a comprehensive
plan shall be adopted, certified, and recorded or filed in the
same manner as authorized in RCW 35.63.100 for an initial
comprehensive plan. [1967 ex.s. c 144 § 9.]
35.63.105
Severability—1967 ex.s. c 144: See note following RCW 36.900.030.
Validation—1967 ex.s. c 144: See note following RCW 35.63.100.
35.63.110 Restrictive zones. For any or all of such purposes the council or board, on recommendation of its commission, may divide the municipality or any portion thereof
into districts of such size, shape and area, or may establish
such official maps, or development plans for the whole or any
portion of the municipality as may be deemed best suited to
carry out the purposes of this chapter and within such districts
it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or
land. [1965 c 7 § 35.63.110. Prior: 1935 c 44 § 6; RRS §
9322-6.]
35.63.110
35.63.120 Supplemental restrictions—Hearing—
Affirmance, disaffirmance, modification of commission’s
decision. Any ordinance or resolution adopting any such
plan or regulations, or any part thereof, may be amended,
supplemented or modified by subsequent ordinance or resolution.
Proposed amendments, supplementations, or modifications shall first be heard by the commission and the decision
shall be made and reported by the commission within ninety
days of the time that the proposed amendments, supplementations, or modifications were made.
The council or board, pursuant to public hearing called
by them upon application therefor by any interested party or
35.63.120
[Title 35 RCW—page 234]
upon their own order, may affirm, modify or disaffirm any
decision of the commission. [1965 c 7 § 35.63.120. Prior:
1957 c 194 § 1; 1935 c 44 § 9; RRS § 9322-9.]
35.63.125 Development regulations—Consistency
with comprehensive plan. Beginning July 1, 1992, the
development regulations of each city and county that does
not plan under RCW 36.70A.040 shall not be inconsistent
with the city’s or county’s comprehensive plan. For the purposes of this section, "development regulations" has the same
meaning as set forth in RCW 36.70A.030. [1990 1st ex.s. c
17 § 22.]
35.63.125
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
35.63.130 Hearing examiner system—Adoption
authorized—Alternative—Functions—Procedures. (1)
As an alternative to those provisions of this chapter relating
to powers or duties of the planning commission to hear and
report on any proposal to amend a zoning ordinance, the legislative body of a city or county may adopt a hearing examiner system under which a hearing examiner or hearing examiners may hear and decide applications for amending the zoning ordinance when the amendment which is applied for is
not of general applicability. In addition, the legislative body
may vest in a hearing examiner the power to hear and decide
those issues it believes should be reviewed and decided by a
hearing examiner, including but not limited to:
(a) Applications for conditional uses, variances, subdivisions, shoreline permits, or any other class of applications for
or pertaining to development of land or land use;
(b) Appeals of administrative decisions or determinations; and
(c) Appeals of administrative decisions or determinations pursuant to chapter 43.21C RCW.
The legislative body shall prescribe procedures to be followed by the hearing examiner.
(2) Each city or county legislative body electing to use a
hearing examiner pursuant to this section shall by ordinance
specify the legal effect of the decisions made by the examiner. The legal effect of such decisions may vary for the different classes of applications decided by the examiner but
shall include one of the following:
(a) The decision may be given the effect of a recommendation to the legislative body;
(b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the
legislative body; or
(c) Except in the case of a rezone, the decision may be
given the effect of a final decision of the legislative body.
(3) Each final decision of a hearing examiner shall be in
writing and shall include findings and conclusions, based on
the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision
would carry out and conform to the city’s or county’s comprehensive plan and the city’s or county’s development regulations. Each final decision of a hearing examiner, unless a
longer period is mutually agreed to in writing by the applicant
and the hearing examiner, shall be rendered within ten working days following conclusion of all testimony and hearings.
[1995 c 347 § 423; 1994 c 257 § 8; 1977 ex.s. c 213 § 1.]
35.63.130
(2008 Ed.)
Planning Commissions
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Severability—1994 c 257: See note following RCW 36.70A.270.
Severability—1977 ex.s. c 213: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1977 ex.s. c 213 § 5.]
35.63.140 Residential care facilities—Review of need
and demand—Adoption of ordinances. Each municipality
that does not provide for the siting of residential care facilities in zones or areas that are designated for single family or
other residential uses, shall conduct a review of the need and
demand for the facilities, including the cost of any conditional or special use permit that may be required. The review
shall be completed by August 31, 1990. A copy of the findings, conclusions, and recommendations resulting from the
review shall be sent to the *department of community development by September 30, 1990.
On or before June 30, 1991, each municipality that plans
and zones under this chapter shall have adopted an ordinance
or ordinances that are necessary to implement the findings of
this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not
adopted. [1989 c 427 § 36.]
35.63.140
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic development were transferred to the department of community, trade, and economic
development by 1993 c 280, effective July 1, 1994.
Severability—1989 c 427: See RCW 74.39.900.
35.63.150 Conformance with chapter 43.97 RCW
required. With respect to the National Scenic Area, as
defined in the Columbia River Gorge National Scenic Area
Act, P.L. 99-663, the exercise of any power or authority by a
county or city pursuant to this chapter shall be subject to and
in conformity with the requirements of chapter 43.97 RCW,
including the Interstate Compact adopted by RCW
43.97.015, and with the management plan regulations and
ordinances adopted by the Columbia River Gorge commission pursuant to the Compact. [1987 c 499 § 6.]
35.63.150
35.63.160 Regulation of manufactured homes—Definitions. (1) A "designated manufactured home" is a manufactured home constructed after June 15, 1976, in accordance
with state and federal requirements for manufactured homes,
which:
(a) Is comprised of at least two fully enclosed parallel
sections each of not less than twelve feet wide by thirty-six
feet long;
(b) Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar
roof of nominal 3:12 pitch; and
(c) Has exterior siding similar in appearance to siding
materials commonly used on conventional site-built uniform
building code single-family residences.
(2) "New manufactured home" means any manufactured
home required to be titled under Title 46 RCW, which has not
been previously titled to a retail purchaser, and is not a "used
mobile home" as defined in RCW 82.45.032(2).
35.63.160
(2008 Ed.)
35.63.180
(3) Nothing in this section precludes cities from allowing
any manufactured home from being sited on individual lots
through local standards which differ from the designated
manufactured home or new manufactured home as described
in this section, except that the term "designated manufactured
home" and "new manufactured home" shall not be used
except as defined in subsections (1) and (2) of this section.
[2004 c 256 § 5; 1988 c 239 § 1.]
Findings—Intent—Effective date—2004 c 256: See notes following
RCW 35.21.684.
35.63.161 Manufactured housing communities—
Elimination of existing community by city prohibited.
After June 10, 2004, a city may designate a new manufactured housing community as a nonconforming use, but may
not order the removal or phased elimination of an existing
manufactured housing community because of its status as a
nonconforming use. [2004 c 210 § 1.]
35.63.161
35.63.170 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout RCW 35.22.660, 35.63.180, 35A.63.210,
36.32.520, and 36.70.675:
(1) "Family day care home" means a person regularly
providing care during part of the twenty-four-hour day to six
or fewer children in the family abode of the person or persons
under whose direct care the children are placed.
(2) "Mini-day care center" means a person or agency
providing care during part of the twenty-four-hour day to
twelve or fewer children in a facility other than the family
abode of the person or persons under whose direct care the
children are placed, or for the care of seven through twelve
children in the family abode of such person or persons.
(3) "Day care center" means a person or agency that provides care for thirteen or more children during part of the
twenty-four-hour day.
(4) "Child care facility" means a family day care home,
mini-day care center, and day care center. [1989 c 335 § 3.]
35.63.170
Findings—1989 c 335: "The legislature finds that:
(1) A majority of women with preschool and school age children in
Washington state are working outside of the home and are in need of child
care services for their children;
(2) The supply of licensed child care facilities in Washington state is
insufficient to meet the growing demand for child care services;
(3) The most convenient location of child care facilities for many
working families is near the family’s home or workplace." [1989 c 335 § 1.]
Purpose—1989 c 335: "The purpose of this act is to encourage the dispersion of child care facilities throughout cities and counties in Washington
state so that child care services are available at convenient locations to working parents." [1989 c 335 § 2.]
Severability—1989 c 335: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1989 c 335 § 10.]
35.63.180 Child care facilities—Review of need and
demand—Adoption of ordinances. Each municipality that
does not provide for the siting of family day care homes in
zones or areas that are designated for single family or other
residential uses, and for the siting of mini-day care centers
and day care centers in zones or areas that are designated for
any residential or commercial uses, shall conduct a review of
the need and demand for child care facilities, including the
35.63.180
[Title 35 RCW—page 235]
35.63.185
Title 35 RCW: Cities and Towns
cost of any conditional or special use permit that may be
required. The review shall be completed by August 31, 1990.
A copy of the findings, conclusions, and recommendations
resulting from the review shall be sent to the *department of
community development by September 30, 1990.
On or before June 30, 1991, each municipality that plans
and zones under this chapter shall have adopted an ordinance
or ordinances that are necessary to implement the findings of
this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not
adopted. [1989 c 335 § 4.]
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic development were transferred to the department of community, trade, and economic
development by 1993 c 280, effective July 1, 1994.
Findings—Purpose—Severability—1989 c 335: See notes following
RCW 35.63.170.
Definitions for RCW 35.63.180: See RCW 35.63.170.
35.63.185 Family day-care provider’s home facility—City may not prohibit in residential or commercial
area—Conditions. (1) Except as provided in subsections (2)
and (3) of this section, no city may enact, enforce, or maintain
an ordinance, development regulation, zoning regulation, or
official control, policy, or administrative practice that prohibits the use of a residential dwelling, located in an area zoned
for residential or commercial use, as a family day-care provider’s home facility.
(2) A city may require that the facility: (a) Comply with
all building, fire, safety, health code, and business licensing
requirements; (b) conform to lot size, building size, setbacks,
and lot coverage standards applicable to the zoning district
except if the structure is a legal nonconforming structure; (c)
is certified by the department of early learning licensor as
providing a safe passenger loading area; (d) include signage,
if any, that conforms to applicable regulations; and (e) limit
hours of operations to facilitate neighborhood compatibility,
while also providing appropriate opportunity for persons who
use family day-care and who work a nonstandard work shift.
(3) A city may also require that the family day-care provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property
owners have been informed of the intent to locate and maintain such a facility. If a dispute arises between neighbors and
the family day-care provider over licensing requirements, the
licensor may provide a forum to resolve the dispute.
(4) Nothing in this section shall be construed to prohibit
a city from imposing zoning conditions on the establishment
and maintenance of a family day-care provider’s home in an
area zoned for residential or commercial use, so long as such
conditions are no more restrictive than conditions imposed on
other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this
section, "family day-care provider" is as defined in RCW
43.215.010. [2007 c 17 § 10; 2003 c 286 § 3; 1995 c 49 § 1;
1994 c 273 § 14.]
35.63.185
ing a public hearing on the proposed moratorium or interim
zoning control, shall hold a public hearing on the adopted
moratorium or interim zoning control within at least sixty
days of its adoption, whether or not the council or board
received a recommendation on the matter from the commission. If the council or board does not adopt findings of fact
justifying its action before this hearing, then the council or
board shall do so immediately after this public hearing. A
moratorium or interim zoning control adopted under this section may be effective for not longer than six months, but may
be effective for up to one year if a work plan is developed for
related studies providing for such a longer period. A moratorium or interim zoning control may be renewed for one or
more six-month periods if a subsequent public hearing is held
and findings of fact are made prior to each renewal. [1992 c
207 § 1.]
35.63.210 Accessory apartments. Any local government, as defined in RCW 43.63A.215, that is planning under
this chapter shall comply with RCW 43.63A.215(3). [1993 c
478 § 8.]
35.63.210
35.63.220 Treatment of residential structures occupied by persons with handicaps. No city may enact or
maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice
which treats a residential structure occupied by persons with
handicaps differently than a similar residential structure
occupied by a family or other unrelated individuals. As used
in this section, "handicaps" are as defined in the federal fair
housing amendments act of 1988 (42 U.S.C. Sec. 3602).
[1993 c 478 § 20.]
35.63.220
35.63.230 Watershed restoration projects—Permit
processing—Fish habitat enhancement project. A permit
required under this chapter for a watershed restoration project
as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510. A fish habitat
enhancement project meeting the criteria of *RCW
77.55.290(1) shall be reviewed and approved according to
the provisions of *RCW 77.55.290. [2003 c 39 § 15; 1998 c
249 § 5; 1995 c 378 § 8.]
35.63.230
*Reviser’s note: RCW 77.55.290 was recodified as RCW 77.55.181
pursuant to 2005 c 146 § 1001.
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.181.
35.63.240 Planning regulations—Copies provided to
county assessor. By July 31, 1997, a city planning under
RCW 36.70A.040 shall provide to the county assessor a copy
of the city’s comprehensive plan and development regulations in effect on July 1st of that year and shall thereafter provide any amendments to the plan and regulations that were
adopted before July 31st of each following year. [1996 c 254
§ 3.]
35.63.240
35.63.250 General aviation airports. Adoption and
amendment of comprehensive plan provisions and development regulations under this chapter affecting a general aviation airport are subject to RCW 36.70.547. [1996 c 239 § 3.]
35.63.250
35.63.200 Moratoria, interim zoning controls—Public hearing—Limitation on length. A council or board that
adopts a moratorium or interim zoning control, without hold35.63.200
[Title 35 RCW—page 236]
(2008 Ed.)
Zoos and Aquariums
35.63.260 Conditional and special use permit applications by parties licensed or certified by the department
of social and health services or the department of corrections—Mediation prior to appeal required. (1) Prior to filing an appeal of a final decision by a hearing examiner
involving a conditional or special use permit application
requested by a party that is licensed or certified by the department of social and health services or the department of corrections, the aggrieved party must, within five days after the
final decision, initiate formal mediation procedures in an
attempt to resolve the parties’ differences. If, after initial
evaluation of the dispute, the parties agree to proceed with a
mediation, the mediation shall be conducted by a trained
mediator selected by agreement of the parties. The agreement to mediate shall be in writing and subject to chapter
7.07 RCW. If the parties are unable to agree on a mediator,
each party shall nominate a mediator and the mediator shall
be selected by lot from among the nominees. The mediator
must be selected within five days after formal mediation procedures are initiated. The mediation process must be completed within fourteen days from the time the mediator is
selected except that the mediation process may extend
beyond fourteen days by agreement of the parties. The mediator shall, within the fourteen-day period or within the extension if an extension is agreed to, provide the parties with a
written summary of the issues and any agreements reached.
If the parties agree, the mediation report shall be made available to the governing jurisdiction. The cost of the mediation
shall be shared by the parties.
(2) Any time limits for filing of appeals are tolled during
the pendency of the mediation process.
(3) As used in this section, "party" does not include
county, city, or town. [2005 c 172 § 18; 1998 c 119 § 1.]
35.63.260
Short title—Captions not law—Severability—Effective date—-2005
c 172: See RCW 7.07.900 through 7.07.902 and 7.07.904.
Chapter 35.64
Chapter 35.64 RCW
ZOOS AND AQUARIUMS
Sections
35.64.010
35.64.020
Contracts for management and operation—Terms—Public
hearing.
Construction—Collective bargaining agreement not affected.
35.64.010 Contracts for management and operation—Terms—Public hearing. (1) If the legislative authority of a city with a population over one hundred fifty thousand that is not in a metropolitan park district contracts with
one or more nonprofit corporations or other public organizations for the overall management and operation of a zoo, an
aquarium, or both, that contract shall be subject to this section. No such contract for the overall management and operation of zoo or aquarium facilities by a nonprofit corporation
or other public organization shall have an initial term or any
renewal term longer than twenty years, but may be renewed
by the legislative authority of the city upon the expiration of
an initial term or any renewal term.
(2) Before approving each initial and any renewal contract with a nonprofit corporation or other public organization
for the overall management and operation of any facilities,
the city legislative authority shall hold a public hearing on the
35.64.010
(2008 Ed.)
35.64.020
proposed management and operation by the nonprofit corporation or other public organization. At least thirty days prior
to the hearing, a public notice setting forth the date, time, and
place of the hearing must be published at least once in a local
newspaper of general circulation. Notice of the hearing shall
also be mailed or otherwise delivered to all who would be
entitled to notice of a special meeting of the city legislative
authority under RCW 42.30.080. The notice shall identify the
facilities involved and the nonprofit corporation or other public organization proposed for management and operation
under the contract with the city. The terms and conditions
under which the city proposes to contract with the nonprofit
corporation or other public organization for management and
operation shall be available upon request from and after the
date of publication of the hearing notice and at the hearing,
but after the public hearing the city legislative authority may
amend the proposed terms and conditions at open public
meetings.
(3) As part of the management and operation contract,
the legislative authority of the city may authorize the managing and operating entity to grant to any nonprofit corporation
or public or private organization franchises or concessions
that further the public use and enjoyment of the zoo or aquarium, as the case may be, and may authorize the managing and
operating entity to contract with any public or private organization for any specific services as are routinely so procured
by the city.
(4) Notwithstanding any provision in the charter of the
city so contracting for the overall management and operation
of a zoo or an aquarium, or any other provision of law, the
nonprofit corporation or other public organization with
responsibility for overall management or operation of any
such facilities pursuant to a contract under this section may,
in carrying out that responsibility under such contract, manage, supervise, and control those employees of the city
employed in connection with the zoo or aquarium and may
hire, fire, and otherwise discipline those employees. Notwithstanding any provision in the charter of the city so contracting
for the overall management and operation of a zoo or an
aquarium, or any other provision of law, the civil service system of any such city shall provide for the nonprofit corporation or other public organization to manage, supervise, control, hire, fire, and otherwise discipline those employees of
the city employed in connection with the zoo or aquarium.
(5) As part of the management and operation contract,
the legislative authority of the city shall provide for oversight
of the managing and operating entity to ensure public
accountability of the entity and its performance in a manner
consistent with the contract. [2000 c 206 § 1.]
35.64.020
35.64.020 Construction—Collective bargaining
agreement not affected. Nothing in this chapter shall be
construed to affect any terms, conditions, or practices contained in a collective bargaining agreement in effect on June
8, 2000. [2000 c 206 § 2.]
[Title 35 RCW—page 237]
Chapter 35.66
Chapter 35.66
Title 35 RCW: Cities and Towns
Chapter 35.66 RCW
POLICE MATRONS
Sections
35.66.010
35.66.020
35.66.030
35.66.040
35.66.050
Authority to establish.
Appointment.
Assistance by police.
Compensation.
Persons under arrest—Separate quarters.
35.66.010 Authority to establish. There shall be
annexed to the police force of each city in this state having a
population of not less than ten thousand inhabitants one or
more police matrons who, subject to the control of the chief
of police or other proper officer, shall have the immediate
care of all females under arrest and while detained in the city
prison until they are finally discharged therefrom. [1965 c 7
§ 35.66.010. Prior: 1893 c 15 § 1; RRS § 9282.]
35.66.010
35.66.020 Appointment. The police matron or matrons
employed or appointed in accordance with the provisions of
this chapter shall be employed or appointed in the same manner as other regular members of the police departments in the
city where the appointment is made. [1965 c 7 § 35.66.020.
Prior: 1939 c 115 § 1; 1893 c 15 § 4; RRS § 9285.] [SLCRO-4]
35.66.020
35.67.110
35.67.120
35.67.130
35.67.140
35.67.150
35.67.160
35.67.170
35.67.180
35.67.190
35.67.194
35.67.200
35.67.210
35.67.215
35.67.220
35.67.230
35.67.240
35.67.250
35.67.260
35.67.270
35.67.280
35.67.290
35.67.300
35.67.310
35.67.331
35.67.340
35.67.350
35.67.360
35.67.370
35.67.380
General obligation bonds—Payment—Revenue from service
charges.
Revenue bond fund—Authority to establish.
Revenue bond fund—Limitations upon creation.
Revenue bonds—Authority—Denominations—Terms.
Revenue bonds—Signatures—Form.
Revenue bonds—Obligation against fund, not city.
Revenue bonds—Sale of—Other disposition.
Revenue bonds—Remedy of owners.
Revenues from system—Classification of services—Minimum rates—Compulsory use.
Revenue bonds validated.
Sewerage lien—Authority.
Sewerage lien—Extent—Notice.
Sewerage lien—Extension of coverage.
Sewerage lien foreclosure—Parts—Tracts.
Sewerage lien foreclosure—Limitation on time of commencement.
Sewerage lien foreclosure—Procedure.
Sewerage lien foreclosure—Trial.
Sewerage lien foreclosure—Redemption.
Sewerage sale acquired property—Disposition.
Sewerage sale acquired property—Payment of delinquent
taxes.
Sewerage lien—Enforcement—Alternative method.
Water-sewer districts and municipalities—Joint agreements.
Sewers—Outside city connections.
Water, sewerage, garbage systems—Combined facilities.
Statutes governing combined facility.
Penalty for sewer connection without permission.
Conservation of storm water and sewer services—Use of public moneys.
Mobile home parks—Replacement of septic systems—
Charges for unused sewer service.
Cooperative watershed management.
35.66.030 Assistance by police. Any person on the
police force or, in their absence, any other person present,
must aid and assist the matron when from necessity she may
require it. [1965 c 7 § 35.66.030. Prior: 1893 c 15 § 2; RRS
§ 9283.]
Assessments and charges against state lands: Chapter 79.44 RCW.
35.66.040 Compensation. A police matron must be
paid such compensation for her services as shall be fixed by
the city council and at such time as may be appointed for the
payment of police officers. [2007 c 218 § 68; 1965 c 7 §
35.66.040. Prior: 1893 c 15 § 6; RRS § 9287.]
35.67.010 Definitions—"System of sewerage," "public utility." A "system of sewerage" means and may include
any or all of the following:
(1) Sanitary sewage collection, treatment, and/or disposal facilities and services, on-site or off-site sanitary sewerage facilities, inspection services and maintenance services
for public or private on-site systems, or any other means of
sewage treatment and disposal approved by the city;
(2) Combined sanitary sewage disposal and storm or surface water sewers;
(3) Storm or surface water sewers;
(4) Outfalls for storm drainage or sanitary sewage and
works, plants, and facilities for storm drainage or sanitary
sewage treatment and disposal, and rights and interests in
property relating to the system;
(5) Combined water and sewerage systems;
(6) Point and nonpoint water pollution monitoring programs that are directly related to the sewerage facilities and
programs operated by a city or town;
(7) Public restroom and sanitary facilities; and
(8) Any combination of or part of any or all of such facilities.
The words "public utility" when used in this chapter has
the same meaning as the words "system of sewerage." [1997
c 447 § 7; 1965 c 110 § 1; 1965 c 7 § 35.67.010. Prior: 1955
c 266 § 2; prior: 1941 c 193 § 1, part; Rem. Supp. 1941 §
9354-4, part.]
35.66.030
35.66.040
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
35.66.050 Persons under arrest—Separate quarters.
For the purpose of effecting the main object of this chapter,
no member of one sex under arrest shall be confined in the
same cell or apartment of the city jail or prison, with any
member of the other sex whatever. [1973 1st ex.s. c 154 § 53;
1965 c 7 § 35.66.050. Prior: 1893 c 15 § 3; RRS § 9284.]
35.66.050
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Chapter 35.67 RCW
SEWERAGE SYSTEMS—
REFUSE COLLECTION AND DISPOSAL
Chapter 35.67
Sections
35.67.010
35.67.020
35.67.022
35.67.025
35.67.030
35.67.065
Definitions—"System of sewerage," "public utility."
Authority to construct system and fix rates and charges—Classification of services and facilities—Assistance for lowincome persons.
Extension outside city subject to review by boundary review
board.
Public property subject to rates and charges for storm water
control facilities.
Adoption of plan—Ordinance.
General obligation bonds—Issuance.
[Title 35 RCW—page 238]
Municipal water and sewer facilities act: Chapter 35.91 RCW.
Prepayment of taxes and assessments: RCW 35.21.650.
Sewer facilities act: Chapter 35.91 RCW.
Sewerage improvement districts: Chapter 85.08 RCW.
35.67.010
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
(2008 Ed.)
Sewerage Systems—Refuse Collection and Disposal
35.67.020 Authority to construct system and fix rates
and charges—Classification of services and facilities—
Assistance for low-income persons. (1) Every city and
town may construct, condemn and purchase, acquire, add to,
maintain, conduct, and operate systems of sewerage and systems and plants for refuse collection and disposal together
with additions, extensions, and betterments thereto, within
and without its limits. Every city and town has full jurisdiction and authority to manage, regulate, and control them and,
except as provided in subsection (3) of this section, to fix,
alter, regulate, and control the rates and charges for their use.
(2) Subject to subsection (3) of this section, the rates
charged under this section must be uniform for the same class
of customers or service and facilities furnished. In classifying customers served or service and facilities furnished by
such system of sewerage, the city or town legislative body
may in its discretion consider any or all of the following factors:
(a) The difference in cost of service and facilities to the
various customers;
(b) The location of the various customers within and
without the city or town;
(c) The difference in cost of maintenance, operation,
repair, and replacement of the various parts of the system;
(d) The different character of the service and facilities
furnished various customers;
(e) The quantity and quality of the sewage delivered and
the time of its delivery;
(f) The achievement of water conservation goals and the
discouragement of wasteful water use practices;
(g) Capital contributions made to the system, including
but not limited to, assessments;
(h) The nonprofit public benefit status, as defined in
RCW 24.03.490, of the land user; and
(i) Any other matters which present a reasonable difference as a ground for distinction.
(3) The rate a city or town may charge under this section
for storm or surface water sewer systems or the portion of the
rate allocable to the storm or surface water sewer system of
combined sanitary sewage and storm or surface water sewer
systems shall be reduced by a minimum of ten percent for any
new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate
reductions in excess of ten percent dependent upon the
amount of rainwater harvested.
(4) Rates or charges for on-site inspection and maintenance services may not be imposed under this chapter on the
development, construction, or reconstruction of property.
(5) A city or town may provide assistance to aid lowincome persons in connection with services provided under
this chapter.
(6) Under this chapter, after July 1, 1998, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained inspector, trained owner’s agent, or trained owner. Training must
occur in a program approved by the state board of health or
by a local health officer.
35.67.020
(2008 Ed.)
35.67.030
(7) Before adopting on-site inspection and maintenance
utility services, or incorporating residences into an on-site
inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area
that have on-site systems permitted by the local health
officer. The notice must clearly state that the residence is
within the proposed service area and must provide information on estimated rates or charges that may be imposed for the
service.
(8) A city or town shall not provide on-site sewage system inspection, pumping services, or other maintenance or
repair services under this section using city or town employees unless the on-site system is connected by a publicly
owned collection system to the city or town’s sewerage system, and the on-site system represents the first step in the
sewage disposal process. Nothing in this section shall affect
the authority of state or local health officers to carry out their
responsibilities under any other applicable law. [2003 c 394
§ 1; 1997 c 447 § 8; 1995 c 124 § 3; 1991 c 347 § 17; 1965 c
7 § 35.67.020. Prior: 1959 c 90 § 1; 1955 c 266 § 3; prior:
1941 c 193 § 1, part; Rem. Supp. 1941 § 9354-4, part.]
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
Purposes—1991 c 347: See note following RCW 90.42.005.
Severability—1991 c 347: See RCW 90.42.900.
35.67.022 Extension outside city subject to review by
boundary review board. The extension of sewer facilities
outside of the boundaries of a city or town may be subject to
potential review by a boundary review board under chapter
36.93 RCW. [1989 c 84 § 32.]
35.67.022
35.67.025 Public property subject to rates and
charges for storm water control facilities. Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state of Washington and state
property, shall be subject to rates and charges for storm water
control facilities to the same extent private persons and private property are subject to such rates and charges that are
imposed by cities and towns pursuant to RCW 35.67.020. In
setting these rates and charges, consideration may be made of
in-kind services, such as stream improvements or donation of
property. [1986 c 278 § 55; 1983 c 315 § 1.]
35.67.025
Severability—1986 c 278: See note following RCW 36.01.010.
Severability—1983 c 315: See note following RCW 90.03.500.
Flood control zone districts—Storm water control improvements: Chapter
86.15 RCW.
Rates and charges for storm water control facilities—Limitations—Definitions: RCW 90.03.500 through 90.03.525. See also RCW 35.92.021,
36.89.085, and 36.94.145.
35.67.030 Adoption of plan—Ordinance. Whenever
the legislative body of any city or town, shall deem it advisable that such city or town shall purchase, acquire or construct any public utility mentioned in RCW 35.67.020, or
make any additions, betterments, or alterations thereto, or
extensions thereof, such legislative body shall provide therefor by ordinance, which shall specify and adopt the system or
plan proposed, and declare the estimated cost thereof as near
35.67.030
[Title 35 RCW—page 239]
35.67.065
Title 35 RCW: Cities and Towns
as may be. [1985 c 445 § 1; 1965 c 7 § 35.67.030. Prior:
1941 c 193 § 2; Rem. Supp. 1941 § 9354-5.]
Elections: Title 29A RCW.
Limitations upon indebtedness, how exceeded: State Constitution Art. 7 § 2
(Amendments 55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW,
RCW 84.52.050.
35.67.065 General obligation bonds—Issuance. General obligation bonds issued by a city or town to pay for all or
part of the costs of purchasing, acquiring, or constructing any
public utility mentioned in RCW 35.67.020, or the costs of
making any additions, betterments, or alterations thereto, or
extensions thereof, shall be issued and sold in accordance
with chapter 39.46 RCW. [1985 c 445 § 2.]
35.67.065
35.67.110 General obligation bonds—Payment—
Revenue from service charges. In addition to taxes pledged
to pay the principal of and interest on general obligation
bonds issued to pay for costs of purchasing, acquiring, or
constructing any public utility mentioned in RCW 35.67.020,
or to make any additions, betterments, or alterations thereto,
or extensions thereof, the city or town legislative body, may
set aside into a special fund and pledge to the payment of
such principal and interest any sums or amounts which may
accrue from the collection of service rates and charges for the
private and public use of said sewerage system or systems for
the collection and disposal of refuse, in excess of the cost of
operation and maintenance thereof as constructed or added
to, and the same shall be applied solely to the payment of
such interest and bonds. Such pledge of revenue shall constitute a binding obligation, according to its terms, to continue
the collection of such revenue so long as such bonds or any of
them are outstanding. If the rates and charges are sufficient to
meet the debt service requirements on such bonds no general
tax need be levied. [1985 c 445 § 3; 1965 c 118 § 1; 1965 c 7
§ 35.67.110. Prior: 1941 c 193 § 3, part; Rem. Supp. 1941 §
9354-6, part.]
35.67.110
35.67.130 Revenue bond fund—Limitations upon
creation. In creating the special fund, the city or town legislative body shall have due regard to the cost of operation and
maintenance of the system as constructed or added to, and to
any proportion or part of the revenue previously pledged as a
fund for the payment of bonds, warrants and other indebtedness. It shall not set aside into the special fund a greater
amount or proportion of the revenue and proceeds than in its
judgment will be available over and above the cost of maintenance and operation and the amount or proportion of the
revenue so previously pledged. [1965 c 7 § 35.67.130. Prior:
1941 c 193 § 4, part; Rem. Supp. 1941 § 9354-7, part.]
35.67.130
35.67.140 Revenue bonds—Authority—Denominations—Terms. A city or town may issue revenue bonds
against the special fund or funds created solely from revenues. The revenue bonds so issued shall: (1) Be registered
bonds as provided in RCW 39.46.030 or coupon bonds, (2)
be issued in denominations of not less than one hundred dollars nor more than one thousand dollars, (3) be numbered
from one upwards consecutively, (4) bear the date of their
issue, (5) be serial in form finally maturing not more than
thirty years from their date, (6) bear interest at the rate or
rates as authorized by the legislative body of the city or town,
payable annually or semiannually, (7) be payable as to principal and interest at such place as may be designated therein,
and (8) shall state upon their face that they are payable from
a special fund, naming it and the ordinance creating it: PROVIDED, That such bonds may also be issued and sold in
accordance with chapter 39.46 RCW. [1983 c 167 § 59; 1970
ex.s. c 56 § 43; 1969 ex.s. c 232 § 71; 1965 c 7 § 35.67.140.
Prior: 1941 c 193 § 4, part; Rem. Supp. 1941 § 9354-7, part.]
35.67.140
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
35.67.150 Revenue bonds—Signatures—Form.
Every revenue bond and any coupon shall be signed by the
mayor and attested by the clerk. The seal of the city or town
shall be attached to all bonds but not to any coupons. Signatures on any coupons may be printed or may be the lithographic facsimile of the signatures. The bonds shall be
printed, engraved or lithographed upon good bond paper.
[1983 c 167 § 60; 1965 c 7 § 35.67.150. Prior: 1941 c 193 §
4, part; Rem. Supp. 1941 § 9354-7, part.]
35.67.150
35.67.120 Revenue bond fund—Authority to establish. After the city or town legislative body adopts a proposition for any such public utility, and either (1) no general
indebtedness has been authorized, or (2) the city or town legislative body does not desire to incur a general indebtedness,
and the legislative body can lawfully proceed without submitting the proposition to a vote of the people, it may create a
special fund or funds for the sole purpose of defraying the
cost of the proposed system, or additions, betterments or
extensions thereto.
The city or town legislative body may obligate the city or
town to set aside and pay into this special fund: (1) A fixed
proportion of the gross revenues of the system, or (2) a fixed
amount out of and not exceeding a fixed proportion of the
gross revenues, or (3) a fixed amount without regard to any
fixed proportion, and (4) amounts received from any utility
local improvement district assessments pledged to secure
such bonds. [1967 c 52 § 24; 1965 c 7 § 35.67.120. Prior:
1941 c 193 § 4, part; Rem. Supp. 1941 § 9354-7, part.]
35.67.120
Alternative authority to issue revenue bonds: RCW 39.46.150, 39.46.160.
Funds for reserve purposes may be included in issue amount: RCW
39.44.140.
[Title 35 RCW—page 240]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.67.160 Revenue bonds—Obligation against fund,
not city. Revenue bonds or warrants and interest shall be
payable only out of the special fund. Every bond or warrant
and interest thereon issued against the special fund shall be a
valid claim of the holder thereof only as against that fund and
its fixed proportion of the amount of revenue pledged to the
fund, and shall not constitute an indebtedness of the city or
town. Every warrant as well as every bond shall state on its
face that it is payable from a special fund, naming it and the
ordinance creating it. [1965 c 7 § 35.67.160. Prior: 1941 c
193 § 4, part; Rem. Supp. 1941 § 9354-7, part.]
35.67.160
(2008 Ed.)
Sewerage Systems—Refuse Collection and Disposal
35.67.170 Revenue bonds—Sale of—Other disposition. Revenue bonds and warrants may be sold in any manner the city or town legislative body deems for the best interests of the city or town. The legislative body may provide in
any contract for the construction or acquisition of a proposed
utility that payment therefor shall be made only in revenue
bonds and warrants at their par value. [1965 c 7 § 35.67.170.
Prior: 1941 c 193 § 4, part; Rem. Supp. 1941 § 9354-7, part.]
35.67.170
35.67.180 Revenue bonds—Remedy of owners. If a
city or town fails to set aside and pay into the special fund
created for the payment of revenue bonds and warrants the
amount which it has obligated itself in the ordinance creating
the fund to set aside and pay therein, the owner of any bond
or warrant issued against the fund may bring suit against the
city or town to compel it to do so. [1983 c 167 § 61; 1965 c
7 § 35.67.180. Prior: 1941 c 193 § 4, part; Rem. Supp. 1941
c 9354-7, part.]
35.67.180
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.67.190 Revenues from system—Classification of
services—Minimum rates—Compulsory use. The legislative body of such city or town may provide by ordinance for
revenues by fixing rates and charges for the furnishing of service to those served by its system of sewerage or system for
refuse collection and disposal, which rates and charges shall
be uniform for the same class of customer or service. In classifying customers served or service furnished by such system
of sewerage, the city or town legislative body may in its discretion consider any or all of the following factors: (1) The
difference in cost of service to the various customers; (2) the
location of the various customers within and without the city
or town; (3) the difference in cost of maintenance, operation,
repair, and replacement of the various parts of the system; (4)
the different character of the service furnished various customers; (5) the quantity and quality of the sewage delivered
and the time of its delivery; (6) capital contributions made to
the system, including but not limited to, assessments; (7) the
nonprofit public benefit status, as defined in RCW 24.03.490,
of the land user; and (8) any other matters which present a
reasonable difference as a ground for distinction.
If special indebtedness bonds or warrants are issued
against the revenues, the legislative body shall by ordinance
fix charges at rates which will be sufficient to take care of the
costs of maintenance and operation, bond and warrant principal and interest, sinking fund requirements, and all other
expenses necessary for efficient and proper operation of the
system.
All property owners within the area served by such sewerage system shall be compelled to connect their private
drains and sewers with such city or town system, under such
penalty as the legislative body of such city or town may by
ordinance direct. Such penalty may in the discretion of such
legislative body be an amount equal to the charge that would
be made for sewer service if the property was connected to
such system. All penalties collected shall be considered revenue of the system. [1995 c 124 § 4; 1965 c 7 § 35.67.190.
Prior: 1959 c 90 § 2; 1941 c 193 § 5; Rem. Supp. 1941 §
9354-8.]
35.67.190
(2008 Ed.)
35.67.210
35.67.194
35.67.194 Revenue bonds validated. Any and all
water, sewer, or water and sewer revenue bonds part or all of
which may have been heretofore (prior to June 8, 1955)
issued by any city or town for the purpose of providing funds
to pay part or all of the cost of acquiring, constructing, or
installing a system of storm or surface water sewers or any
part thereof necessary for the proper and efficient operation
of a system of sanitary sewage disposal sewers or a sanitary
sewage treatment plant, the proceedings for the issuance of
which were valid in all other respects, are approved, ratified
and validated, and are declared to be legal and binding obligations of such city or town, both principal of and interest on
which are payable only out of the revenues of the utility or
utilities pledged for such payment. [1965 c 7 § 35.67.194.
Prior: 1955 c 266 § 5.]
35.67.200
35.67.200 Sewerage lien—Authority. Cities and
towns owning their own sewer systems shall have a lien for
delinquent and unpaid rates and charges for sewer service,
penalties levied pursuant to RCW 35.67.190, and connection
charges, including interest thereon, against the premises to
which such service has been furnished or is available, which
lien shall be superior to all other liens and encumbrances
except general taxes and local and special assessments. The
city or town by ordinance may provide that delinquent
charges shall bear interest at not exceeding eight percent per
annum computed on a monthly basis: PROVIDED, That a
city or town using the property tax system for utility billing
may, by resolution or ordinance, adopt the alternative lien
procedure as set forth in RCW 35.67.215. [1991 c 36 § 2;
1965 c 7 § 35.67.200. Prior: 1959 c 90 § 4; prior: 1941 c 193
§ 6, part; Rem. Supp. 1941 § 9354-9, part.]
35.67.210
35.67.210 Sewerage lien—Extent—Notice. The sewerage lien shall be effective for a total of not to exceed six
months’ delinquent charges without the necessity of any writing or recording. In order to make such lien effective for more
than six months’ charges the city or town treasurer, clerk, or
official charged with the administration of the affairs of the
utility shall cause to be filed for record in the office of the
county auditor of the county in which such city or town is
located, a notice in substantially the following form:
"Sewerage lien notice
City (or town) of . . . . . . . . . . . . . . . . . . . . . . . .
vs.
. . . . . . . . . . . . . . . . . . . . . . . . . reputed owner.
Notice is hereby given that the city (or town) of . . . . . .
has and claims a lien for sewer charges against the following
described premises situated in . . . . . . county, Washington, to
wit:
(here insert legal description of premises)
Said lien is claimed for not exceeding six months such
charges and interest now delinquent, amount to $. . . . . ., and
is also claimed for future sewerage charges against said premises.
[Title 35 RCW—page 241]
35.67.215
Title 35 RCW: Cities and Towns
Dated . . . . . . . . . . . . . . . . . . . .
City (or town) of . . . . . . . . . . .
By . . . . . . . . . . . . . . . . . . . . . . ."
The lien notice may be signed by the city or town treasurer or clerk or other official in charge of the administration
of the utility. The lien notice shall be recorded as prescribed
by law for the recording of mechanics’ liens. [1965 c 7 §
35.67.210. Prior: 1959 c 90 § 5; prior: 1941 c 193 § 6, part;
Rem. Supp. 1941 § 9354-9, part.]
35.67.215 Sewerage lien—Extension of coverage.
Any city or town may, by resolution or ordinance, provide
that the sewerage lien shall be effective for a total not to
exceed one year’s delinquent service charges without the
necessity of any writing or recording of the lien with the
county auditor, in lieu of the provisions provided for in RCW
35.67.210. [1991 c 36 § 3.]
35.67.215
35.67.220 Sewerage lien foreclosure—Parts—Tracts.
The city or town may foreclose its sewerage lien in an action
in the superior court. All or any of the tracts subject to the lien
may be proceeded against in the same action, and all parties
appearing of record as owning or claiming to own, having or
claiming to have any interest in or lien upon the tracts
involved in the action shall be impleaded in the action as parties defendant. [1965 c 7 § 35.67.220. Prior: 1941 c 193 § 7,
part; Rem. Supp. 1941 § 9354-10, part.]
35.67.220
35.67.230 Sewerage lien foreclosure—Limitation on
time of commencement. An action to foreclose a sewerage
lien pursuant to a lien notice filed as required by law must be
commenced within two years from the date of the filing
thereof.
An action to foreclose a six months’ lien may be commenced at any time after six months subsequent to the furnishing of the sewerage service for which payment has not
been made. [1965 c 7 § 35.67.230. Prior: 1941 c 193 § 7,
part; Rem. Supp. 1941 § 9354-10, part.]
as to such parties and tracts and the action may proceed as to
the remaining defendants and tracts. The judgment shall
specify separately the amount of the sewerage charges, with
interest, penalty and costs chargeable to each tract. The judgment shall have the effect of a separate judgment as to each
tract described in the judgment, and any appeal shall not
invalidate or delay the judgment except as to the property
concerning which the appeal is taken. In the judgment the
court shall order the tracts therein described sold at one general sale, and an order of sale shall issue pursuant thereto for
the enforcement of the judgment. Judgment may be entered
as to any one or more separate tracts involved in the action,
and the court shall retain jurisdiction of other properties.
[1965 c 7 § 35.67.250. Prior: 1941 c 193 § 7, part; Rem.
Supp. 1941 § 9354-10, part.]
35.67.260 Sewerage lien foreclosure—Redemption.
All sales shall be subject to the right of redemption within
one year from date of sale. [1965 c 7 § 35.67.260. Prior:
1941 c 193 § 7, part; Rem. Supp. 1941 § 9354-10, part.]
35.67.260
35.67.270 Sewerage sale acquired property—Disposition. At any time after deed is issued to it pursuant to lien,
a city or town may lease or sell or convey any property at
public or private sale for such price and on such terms as may
be determined by resolution of the city or town legislative
body, any provision of law, charter or ordinance to the contrary notwithstanding. [1965 c 7 § 35.67.270. Prior: 1941 c
193 § 8; Rem. Supp. 1941 § 9354-11.]
35.67.270
35.67.230
35.67.240 Sewerage lien foreclosure—Procedure.
The service of summons, and all other proceedings except as
herein otherwise prescribed including appeal, order of sale,
sale, redemption, and issuance of deed, shall be governed by
the statutes now or hereafter in force relating to the foreclosure of mortgages on real property. The terms "judgment
debtor" or "successor in interest" in the statutes governing
redemption when applied herein shall include an owner or a
vendee. [1965 c 7 § 35.67.240. Prior: 1941 c 193 § 7, part;
Rem. Supp. 1941 § 9354-10, part.]
35.67.240
35.67.250 Sewerage lien foreclosure—Trial. A sewerage lien foreclosure action shall be tried before the court
without a jury. The court may allow in addition to interest on
the service charges at a rate not exceeding eight percent per
year from date of delinquency, costs and disbursements as
provided by statute and such attorneys’ fees as the court may
adjudge reasonable.
If the owners and parties interested in any particular tract
default, the court may enter judgment of foreclosure and sale
35.67.250
[Title 35 RCW—page 242]
35.67.280 Sewerage sale acquired property—Payment of delinquent taxes. After the entry of judgment of
foreclosure against any tract, the city or town may pay delinquent general taxes or purchase certificates of delinquency
for general taxes on the tract or purchase the tract at county
tax foreclosure or from the county after foreclosure.
After entry of judgment of foreclosure against any premises the city or town may pay local or special assessments
which are delinquent or are about to become delinquent and
if the tract has been foreclosed upon for local or special
assessments and the time for redemption has not expired, it
may redeem it.
No moneys shall be expended for the purposes enumerated in this section except upon enactment by the city or town
legislative body of a resolution determining the desirability
or necessity of making the expenditure. [1965 c 7 §
35.67.280. Prior: 1941 c 193 § 9; Rem. Supp. 1941 § 935412.]
35.67.280
35.67.290 Sewerage lien—Enforcement—Alternative method. As an additional and concurrent method of
enforcing the lien authorized in this chapter any city or town
operating its own municipal water system may provide by
ordinance for the enforcement of the lien by cutting off the
water service from the premises to which such sewer service
was furnished after the charges become delinquent and
unpaid, until the charges are paid.
The right to enforce the lien by cutting off and refusing
water service shall not be exercised after two years from the
date of the recording of sewerage lien notice except to
35.67.290
(2008 Ed.)
Sewerage Systems—Refuse Collection and Disposal
enforce payment of six months’ charges for which no lien
notice is required to be recorded. [1965 c 7 § 35.67.290.
Prior: 1941 c 193 § 10; Rem. Supp. 1941 § 9354-13.]
35.67.300 Water-sewer districts and municipalities—Joint agreements. Any city, town, or organized and
established water-sewer district owning or operating its own
sewer system, whenever topographic conditions shall make it
feasible and whenever such existing sewer system shall be
adequate therefor in view of the sewerage and drainage
requirements of the property in such city, town, or watersewer district, served or to be served by such system, may
contract with any other city, town, or organized and established water-sewer district for the discharge into its sewer
system of sewage from all or any part or parts of such other
city, town, or water-sewer district upon such terms and conditions and for such periods of time as may be deemed reasonable.
Any city, town, or organized and established watersewer district may contract with any other city, town, or organized and established water-sewer district for the construction and/or operation of any sewer or sewage disposal facilities for the joint use and benefit of the contracting parties
upon such terms and conditions and for such period of time as
the governing bodies of the contracting parties may determine. Any such contract may provide that the responsibility
for the management of the construction and/or maintenance
and operation of any sewer disposal facilities or part thereof
covered by such contract shall be vested solely in one of the
contracting parties, with the other party or parties thereto
paying to the managing party such portion of the expenses
thereof as shall be agreed upon. [1999 c 153 § 37; 1965 c 7 §
35.67.300. Prior: 1947 c 212 § 3; 1941 c 193 § 11; Rem.
Supp. 1947 § 9354-14.]
35.67.300
Part headings not law—1999 c 153: See note following RCW
57.04.050.
35.67.310 Sewers—Outside city connections. Every
city or town may permit connections with any of its sewers,
either directly or indirectly, from property beyond its limits,
upon such terms, conditions and payments as may be prescribed by ordinance, which may be required by the city or
town to be evidenced by a written agreement between the city
or town and the owner of the property to be served by the
connecting sewer.
If any such agreement is made and filed with the county
auditor of the county in which said property is located, it shall
constitute a covenant running with the land and the agreements and covenants therein shall be binding on the owner
and all persons subsequently acquiring any right, title or
interest in or to said property.
If the terms and conditions of the ordinance or of the
agreement are not kept and performed, or the payments made,
as required, the city or town may disconnect the sewer and for
that purpose may at any time enter upon any public street or
road or upon said property. [1965 c 7 § 35.67.310. Prior:
1941 c 75 § 1; Rem. Supp. 1941 § 9354-19.]
35.67.360
that its water system, sewerage system, and garbage and
refuse collection and disposal system may be acquired, constructed, maintained and operated jointly, either by combining any two of such systems or all three. All powers granted
to cities and towns to acquire, construct, maintain and operate
such systems may be exercised in the joint acquisition, construction, maintenance and operation of such combined systems: PROVIDED, That if a general indebtedness is to be
incurred to pay a part or all of the cost of construction, maintenance, or operation of such a combined system, no such
indebtedness shall be incurred without such indebtedness
first being authorized by a vote of the people at a special or
general election conducted in the manner prescribed by law:
PROVIDED FURTHER, That nothing in chapter 51, Laws of
1969 ex. sess. shall be construed to supersede charter provisions to the contrary. [1969 ex.s. c 51 § 1.]
35.67.340 Statutes governing combined facility. The
operation by a city or town of a combined facility as provided
for in RCW 35.67.331 shall be governed by the statutes relating to the establishment and maintenance of a city or town
water system if the water system is one of the systems
included in the combined acquisition, construction, or operation; otherwise the combined system shall be governed by the
statutes relating to the establishment and maintenance of a
city or town sewerage system. [1969 ex.s. c 51 § 2; 1965 c 7
§ 35.67.340. Prior: 1941 c 193 § 12, part; Rem. Supp. 1941
§ 9354-15, part.]
35.67.340
35.67.350 Penalty for sewer connection without permission. It is unlawful and a misdemeanor to make or cause
to be made or to maintain any sewer connection with any
sewer of any city or town, or with any sewer which is connected directly or indirectly with any sewer of any city or
town without having permission from the city or town. [1965
c 7 § 35.67.350. Prior: 1943 c 100 § 1; Rem. Supp. 1943 §
9354-20.]
35.67.350
35.67.310
35.67.331 Water, sewerage, garbage systems—Combined facilities. A city or town may by ordinance provide
35.67.331
(2008 Ed.)
35.67.360 Conservation of storm water and sewer
services—Use of public moneys. Any city, code city, town,
county, special purpose district, municipal corporation, or
quasi-municipal corporation that is engaged in the sale or distribution of storm water or sewer services may use public
moneys or credit derived from operating revenues from the
sale of storm water or sewer services to assist the owners of
structures or equipment in financing the acquisition and
installation of materials and equipment, for compensation or
otherwise, for the conservation or more efficient use of storm
water or sewer services in such structures or equipment.
Except for the necessary support of the poor and infirm, an
appropriate charge-back shall be made for the extension of
public moneys or credit. The charge-back shall be a lien
against the structure benefited or a security interest in the
equipment benefited. [1998 c 31 § 2.]
35.67.360
Findings—Intent—1998 c 31: "The legislature finds that the voters
approved an amendment to Article VIII, section 10 of the state Constitution
in 1997. The legislature finds that this amendment to the state Constitution
will allow necessary improvements to be made to storm water and sewer services so that less pollution is discharged into the waters of the state, less
treatment will be needed, and capacity for existing treatment systems will be
saved. It is the intent of the legislature to enact legislation that grants specific
authority to units of local government that provide storm water and sewer
[Title 35 RCW—page 243]
35.67.370
Title 35 RCW: Cities and Towns
services to operate programs that are consistent with the authority granted in
House Joint Resolution No. 4209." [1998 c 31 § 1.]
Effective date—1998 c 31 § 2: "Section 2 of this act takes effect July
1, 1998." [1998 c 31 § 3.]
35.67.370 Mobile home parks—Replacement of septic systems—Charges for unused sewer service. (1) Cities,
towns, or counties may not require existing mobile home
parks to replace existing, functional septic systems with a
sewer system within the community unless the local board of
health determines that the septic system is failing.
(2) Cities, towns, and counties are prohibited from
requiring existing mobile home parks to pay a sewer service
availability charge, standby charge, consumption charge, or
any other similar types of charges associated with available
but unused sewer service, including any interest or penalties
for nonpayment or enforcement charges, until the mobile
home park connects to the sewer service. When a mobile
home park connects to a sewer, cities, towns, and counties
may only charge mobile home parks prospectively from the
date of connection for their sewer service. Chapter 297,
Laws of 2003 is remedial in nature and applies retroactively
to 1993. [2003 c 297 § 1; 1998 c 61 § 1.]
35.67.370
35.67.380 Cooperative watershed management. In
addition to the authority provided in RCW 35.67.020, a city
may, as part of maintaining a system sewerage, participate in
and expend revenue on cooperative watershed management
actions, including watershed management partnerships under
RCW 39.34.210 and other intergovernmental agreements, for
purposes of water supply, water quality, and water resource
and habitat protection and management. [2003 c 327 § 12.]
35.67.380
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
Chapter 35.68 RCW
SIDEWALKS, GUTTERS, CURBS, AND
DRIVEWAYS—ALL CITIES AND TOWNS
Chapter 35.68
Sections
35.68.010
35.68.020
35.68.030
35.68.040
35.68.050
35.68.060
35.68.070
35.68.075
35.68.076
35.68.080
Authority conferred.
Resolution—Contents.
Resolution—Publication—Notice—Hearing.
"Sidewalk construction fund."
Assessment roll—Hearing—Notice—Confirmation—Appeal.
Method of payment of assessments.
Collection of assessments.
Curb ramps for persons with disabilities—Required—Standards and requirements.
Curb ramps for persons with disabilities—Model standards.
Construction of chapter.
Assessments and charges against state lands: Chapter 79.44 RCW.
35.68.010 Authority conferred. Any city or town,
hereinafter referred to as city, is authorized to construct,
reconstruct, and repair sidewalks, gutters and curbs along and
driveways across sidewalks, which work is hereafter referred
to as the improvement, and to pay the costs thereof from any
available funds, or to require the abutting property owner to
construct the improvement at the owner’s own cost or
expense, or, subject to the limitations in RCW 35.69.020 (2)
and (3), to assess all or any portion of the costs thereof
against the abutting property owner. [1996 c 19 § 1; 1965 c 7
35.68.010
[Title 35 RCW—page 244]
§ 35.68.010. Prior: 1949 c 177 § 1; Rem. Supp. 1949 §
9332a.]
35.68.020 Resolution—Contents. No such improvement shall be undertaken or required except pursuant to a resolution of the council or commission of the city or town,
hereinafter referred to as the city council. The resolution shall
state whether the cost of the improvement shall be borne by
the city or whether all or a specified portion shall be borne by
the city or whether all or a specified portion shall be borne by
the abutting property owner; or whether the abutting owner is
required to construct the improvement at his own cost and
expense. If the abutting owner is required to construct the
improvement the resolution shall specify the time within
which the construction shall be commenced and completed;
and further that if the improvement or construction is not
undertaken and completed within the time specified that the
city will perform or complete the improvement and assess the
cost against the abutting owner. [1965 c 7 § 35.68.020. Prior:
1949 c 177 § 2; Rem. Supp. 1949 § 9332b.]
35.68.020
35.68.030 Resolution—Publication—Notice—Hearing. If all or any portion of the cost is to be assessed against
the abutting property owner, or if the abutting property owner
is required to construct the improvement, the resolution shall
fix a time from and after its passage, and a place, for hearing
on the resolution. The resolution shall be published for two
consecutive weeks before the time of hearing in the official
newspaper or regularly published official publication of the
city or town and a notice of the date of the hearing shall be
given each owner or reputed owner of the abutting property
by mailing to the owner or reputed owner of the property as
shown on the tax rolls of the county treasurer, at the address
shown thereon a notice of the date of hearing, the mailing to
be at least ten days before the date fixed for the hearing. If the
publication and mailing is made as herein required, proof
thereof by affidavit shall be filed with the city clerk, comptroller or auditor of the city before the hearing. The hearing
may be postponed from time to time to a definite date until
the hearing is held. At the time of hearing the council shall
hear persons who appear for or against the improvement, and
determine whether it will or will not proceed with the
improvement and whether it will make any changes in the
original plan, and what the changes shall be. This action may
be taken by motion adopted in the usual manner. [1985 c 469
§ 37; 1965 c 7 § 35.68.030. Prior: 1949 c 177 § 3; Rem.
Supp. 1949 § 9332c.]
35.68.030
35.68.040 "Sidewalk construction fund." When all or
any portion of the cost is to be assessed against the abutting
property owner, the city council may create a "sidewalk construction fund No. . . . ." to be numbered differently for each
improvement; and with warrants drawn on this fund the cost
of the respective improvements may be paid. The city may
advance as a loan to the sidewalk construction fund from any
available funds the amounts necessary to pay any costs of the
improvement. When any assessments are made for the
improvement, payments therefor shall be paid into the particular sidewalk improvement fund; and whenever any funds
are available over the amounts necessary to pay outstanding
35.68.040
(2008 Ed.)
Sidewalks—Construction, Reconstruction in First and Second-Class Cities
warrants any advances or loans made to the fund shall be
repaid. Whenever warrants are drawn on any such fund
which are not paid for want of sufficient funds, they shall be
so stamped and shall bear interest until called and paid at a
rate established by the city council by resolution. [1965 c 7 §
35.68.040. Prior: 1949 c 177 § 4; Rem. Supp. 1949 § 9332d.]
35.68.050 Assessment roll—Hearing—Notice—Confirmation—Appeal. Where all or any portion of the costs
are to be assessed against the abutting property, an assessment roll shall be prepared by the proper city official or by
the city council which shall to the extent necessary be based
on benefits and which shall describe the property assessed,
the name of the owner, if known, otherwise stating that the
owner is unknown and fixing the amount of the assessment.
The assessment roll shall be filed with the city clerk, and
when so filed the council shall by resolution fix a date for
hearing thereon and direct the clerk to give notice of the hearing and the time and place thereof. The notice of hearing shall
be mailed to the person whose name appears on the county
treasurer’s tax roll as the owner or reputed owner of the property, at the address shown thereon, and shall be published
before the date fixed for the hearing for two consecutive
weeks in the official newspaper or regular official publication
of the city. The notice shall be mailed and first publication
made at least ten days before the hearing date. Proof of mailing and publication shall be made by affidavit and shall be
filed with the city clerk before the date fixed for the hearing.
Following the hearing the city council shall by ordinance
affirm, modify, or reject or order recasting of the assessment
roll. An appeal may be taken to the superior court from the
ordinance confirming the assessment roll in the same manner
as is provided for appeals from the assessment roll by chapters 35.43 to 35.54 RCW, inclusive, as now or hereafter
amended. [1985 c 469 § 38; 1965 c 7 § 35.68.050. Prior:
1949 c 177 § 5; Rem. Supp. 1949 § 9332e.]
35.68.050
35.68.060 Method of payment of assessments. The
city council shall by resolution provide whether the full
amount of the assessment shall be paid in one payment or
whether it may be paid in installments and shall prescribe the
time and amount of such payments; and if more than one payment is provided for, the city council may by resolution provide for interest on unpaid installments and fix the rate
thereof. [1965 c 7 § 35.68.060. Prior: 1949 c 177 § 6; Rem.
Supp. 1949 § 9332f.]
35.68.060
35.68.070 Collection of assessments. The assessment
roll as affirmed or modified by the city council shall be filed
with the city treasurer for collection, and the amount thereof
including interest, if any, shall become a lien against the
property described therein from the date of such filing.
Whenever any payment on any assessment or installment is
delinquent and unpaid for a period of thirty days or more the
lien may be foreclosed in the same manner and with the same
effect as is provided by chapters 35.43 to 35.54 RCW, inclusive; as now or hereafter amended. Whenever the deed is
issued after the sale therein provided, the regularity, validity
and correctness of the proceedings relating to such improvement and the assessment therefor shall be final and conclu35.68.070
(2008 Ed.)
Chapter 35.69
sive and no action shall thereafter be brought by or in behalf
of any person to set aside said deed. [1965 c 7 § 35.68.070.
Prior: 1949 c 177 § 7; Rem. Supp. 1949 § 9332g.]
35.68.075 Curb ramps for persons with disabilities—
Required—Standards and requirements. (1) The standard
for construction on any county road, or city or town street, for
which curbs in combination with sidewalks, paths, or other
pedestrian access ways are to be constructed, shall be not less
than two ramps per lineal block on or near the crosswalks at
intersections. Such ramps shall be at least thirty-six inches
wide and so constructed as to allow reasonable access to the
crosswalk for physically handicapped persons, without
uniquely endangering blind persons.
(2) Standards set for curb ramping under subsection (1)
of this section shall not apply to any curb existing upon enactment of this section but shall apply to all new curb construction and to all replacement curbs constructed at any point in a
block which gives reasonable access to a crosswalk.
(3) Upon September 21, 1977, every ramp thereafter
constructed under subsection (1) of this section, which serves
one end of a crosswalk, shall be matched by another ramp at
the other end of the crosswalk. However, no ramp shall be
required at the other end of the crosswalk if there is no curb
nor sidewalk at the other end of the crosswalk. Nor shall any
matching ramp constructed pursuant to this subsection
require a subsequent matching ramp. [1989 c 173 § 1; 1977
ex.s. c 137 § 1; 1973 c 83 § 1.]
35.68.075
35.68.076 Curb ramps for persons with disabilities—
Model standards. The department of general administration
shall, pursuant to chapter 34.05 RCW, the Administrative
Procedure Act, adopt several suggested model design, construction, or location standards to aid counties, cities, and
towns in constructing curb ramps to allow reasonable access
to the crosswalk for physically handicapped persons without
uniquely endangering blind persons. The department of general administration shall consult with handicapped persons,
blind persons, counties, cities, and the state building code
council in adopting the suggested standards. [1989 c 175 §
84; 1977 ex.s. c 137 § 2.]
35.68.076
Effective date—1989 c 175: See note following RCW 34.05.010.
35.68.080 Construction of chapter. This chapter is
supplemental and additional to any and all other laws relating
to construction, reconstruction, and repair of sidewalks, gutters, and curbs along driveways across sidewalks in cities and
towns. [1965 c 7 § 35.68.080. Prior: 1949 c 177 § 8; Rem.
Supp. 1949 § 9332h.]
35.68.080
Chapter 35.69
Chapter 35.69 RCW
SIDEWALKS—CONSTRUCTION,
RECONSTRUCTION IN FIRST AND
SECOND-CLASS CITIES
Sections
35.69.010
35.69.020
35.69.030
Definitions.
Resolution of necessity—Liability of abutting property—
Reconstruction.
Notice to owners—Service—Contents—Assessment—Collection.
[Title 35 RCW—page 245]
35.69.010
35.69.040
35.69.050
Title 35 RCW: Cities and Towns
Abutting property defined.
Construction of chapter.
Assessments and charges against state lands: Chapter 79.44 RCW.
35.69.010 Definitions. The term "street" as used herein
includes boulevard, avenue, street, alley, way, lane, square or
place.
The term "city" includes any city of the first or second
class or any other city of equal population working under a
special charter.
The term "sidewalk" includes any and all pedestrian
structures or forms of improvement for pedestrians included
in the space between the street margin, as defined by a curb
or the edge of the traveled road surface, and the line where
the public right-of-way meets the abutting property. [1996 c
19 § 2; 1994 c 81 § 61; 1965 c 7 § 35.69.010. Prior: 1927 c
203 § 1; RRS § 9332-1.]
35.69.010
35.69.020 Resolution of necessity—Liability of abutting property—Reconstruction. (1) Whenever a portion,
not longer than one block in length, of any street in any city
is not improved by the construction of a sidewalk thereon, or
the sidewalk thereon has become unfit or unsafe for purposes
of public travel, and such street adjacent to both ends of said
portion is so improved and in good repair, and the city council of such city by resolution finds that the improvement of
such portion of such street by the construction or reconstruction of a sidewalk thereon is necessary for the public safety
and convenience, the duty, burden, and expense of constructing or reconstructing such sidewalk shall devolve upon the
property directly abutting upon such portion except as provided in subsections (2) and (3) of this section.
(2) An abutting property shall not be charged with any
costs of construction or reconstruction under this chapter, or
under chapter 35.68 or 35.70 RCW, in excess of fifty percent
of the valuation of such abutting property, exclusive of
improvements thereon, according to the valuation last placed
upon it for purposes of general taxation.
(3) An abutting property shall not be charged with any
costs of reconstruction under this chapter, or under chapter
35.68 or 35.70 RCW, if the reconstruction is required to correct deterioration of or damage to the sidewalk that is the
direct result of actions by the city or its agents or to correct
deterioration of or damage to the sidewalk that is the direct
result of the failure of the city to enforce its ordinances.
[1996 c 19 § 3; 1965 c 7 § 35.69.020. Prior: 1927 c 203 § 2;
RRS § 9332-2.]
35.69.020
35.69.030 Notice to owners—Service—Contents—
Assessment—Collection. Whenever the city council of any
such city has adopted such resolution it shall cause a notice to
be served on the owner of the property directly abutting on
such portion of such street, instructing him to construct or
reconstruct a sidewalk on such portion in accordance with the
plans and specifications which shall be attached to such
notice. The notice shall be deemed sufficiently served if
delivered in person to the owner or if left at the home of such
owner with a person of suitable age and discretion then resident therein, or with an agent of such owner, authorized to
collect rentals on such property, or, if the owner is a nonresident of the state of Washington, by mailing a copy to his last
35.69.030
[Title 35 RCW—page 246]
known address, or if he is unknown or if his address is
unknown, then by posting a copy in a conspicuous place at
such portion of the street where the improvement is to be
made. The notice shall specify a reasonable time within
which such construction or reconstruction shall be made, and
shall state that in case the owner fails to make the same within
such time, the city will proceed to make it through the officer
or department thereof charged with the inspection of sidewalks and that such officer or department will report to the
city council, at a subsequent date, to be definitely stated in the
notice, an assessment roll showing the lot or parcel of land
directly abutting on such portion of the street so improved,
the cost of the improvement, and the name of the owner, if
known, and that the city council at the time stated in the
notice or at the time or times to which the same may be
adjourned, will hear any and all protests against the proposed
assessment. Upon the expiration of the time fixed within
which the owner is required to construct or reconstruct such
sidewalk, if the owner has failed to perform such work, the
city may proceed to perform it, and the officer or department
of the city performing the work shall, within the time fixed in
the notice, report to the city council an assessment roll showing the lot or parcel of land directly abutting on that portion
of the street so improved, the cost of the work, and the name
of the owner, if known. The city council shall, at the time in
such notice designated, or at an adjourned time or times,
assess the cost of such improvement against said property
and shall fix the time and manner for payment thereof, which
said assessment shall become a lien upon said property and
shall be collected in the manner as is provided by law for collection of local improvements assessments under this title.
[1965 c 7 § 35.69.030. Prior: 1927 c 203 § 3; RRS § 9332-3.]
35.69.040
35.69.040 Abutting property defined. For the purposes of this chapter all property having a frontage upon the
sides or margins of any street shall be deemed to be abutting
property, and such property shall be chargeable, as provided
herein, for all costs of construction or reconstruction or any
form of sidewalk improvement between the margin of said
street and the roadway lying in front of and adjacent to said
property. [1965 c 7 § 35.69.040. Prior: 1927 c 203 § 4; RRS
§ 9332-4.]
35.69.050
35.69.050 Construction of chapter. Nothing in this
chapter shall be construed to limit or repeal any existing powers of cities with reference to the construction or reconstruction of sidewalks or the improvement or maintenance of
streets, but the power and authority herein granted is to be
exercised concurrent with or in extension of powers and
authority now existing. The legislative authority of any city
before exercising the powers and authority herein granted
shall, by proper ordinance, provide for the application and
enforcement of the same within the limitations herein specified. [1965 c 7 § 35.69.050. Prior: 1927 c 203 § 5; RRS §
9332-5.]
(2008 Ed.)
Sidewalks—Construction in Second-Class Cities and Towns
Chapter 35.70
Chapter 35.70 RCW
SIDEWALKS—CONSTRUCTION IN
SECOND-CLASS CITIES AND TOWNS
Sections
35.70.010
35.70.020
35.70.030
35.70.040
35.70.050
35.70.060
35.70.070
35.70.080
35.70.090
35.70.100
Definitions.
Owners’ responsibility.
Convenience and necessity reported by superintendent.
Council’s resolution and notice—Adoption.
Council’s resolution and notice—Contents.
Notice of resolution and order—Service.
Superintendent to construct and prepare assessment roll.
Hearing on assessment roll—Notice.
Lien of assessments and foreclosure.
Provisions of chapter not exclusive.
Assessments and charges against state lands: Chapter 79.44 RCW.
35.70.010 Definitions. For the purposes of this chapter
all property having a frontage on the side or margin of any
street shall be deemed abutting property, and such property
shall be chargeable, as provided in this chapter, with all costs
of construction of any form of sidewalk improvement,
between the margin of the street, as defined by a curb or the
edge of the traveled road surface, and the line where the public right-of-way meets the abutting property, and the term
sidewalk as used in this chapter shall be construed to mean
and include any and all pedestrian structures or forms of
improvement for pedestrians included in the space between
the street margin, as defined by a curb or the edge of the traveled road surface, and the line where the public right-of-way
meets the abutting property. [1996 c 19 § 4; 1965 c 7 §
35.70.010. Prior: 1915 c 149 § 7; RRS § 9161.]
35.70.010
35.70.020 Owners’ responsibility. In all cities of the
second class and towns the burden and expense of constructing sidewalks along the side of any street or other public
place shall devolve upon and be borne by the property
directly abutting thereon. The cost of reconstructing or
repairing existing sidewalks may devolve upon the abutting
property subject to the limitations in RCW 35.69.020 (2) and
(3). [1996 c 19 § 5; 1994 c 81 § 62; 1965 c 7 § 35.70.020.
Prior: 1915 c 149 § 1; RRS § 9155.]
35.70.020
35.70.030 Convenience and necessity reported by
superintendent. If in the judgment of the officer or department having superintendence of streets and public places,
public convenience or safety requires that a sidewalk be constructed along either side of any street, he shall report the fact
to the city or town council immediately. [1965 c 7 §
35.70.030. Prior: 1915 c 149 § 2, part; RRS § 9156, part.]
35.70.030
35.70.040 Council’s resolution and notice—Adoption. If upon receiving a report from the proper officer, the
city or town council deems the construction of the proposed
sidewalk necessary or convenient for the public it shall by an
appropriate resolution order the sidewalk constructed and
shall cause a written notice to be served upon the owner of
each parcel of land abutting upon that portion and side of the
street where the sidewalk is constructed requiring him to construct the sidewalk in accordance with the resolution. [1965
c 7 § 35.70.040. Prior: 1915 c 149 § 2, part; RRS § 9156,
part.]
35.70.080
35.70.050 Council’s resolution and notice—Contents. The resolution and notice and order to construct a sidewalk shall:
(1) Describe each parcel of land abutting upon that portion and side of the street where the sidewalk is ordered to be
constructed,
(2) Specify the kind of sidewalk required, its size and
dimensions, the method and material to be used in construction,
(3) Contain an estimate of the cost thereof, and
(4) State that unless the sidewalk is constructed in compliance with the notice, and within a reasonable time therein
specified, the city or town will construct the sidewalk and
assess the cost and expense thereof against the abutting property described in the notice. [1965 c 7 § 35.70.050. Prior:
1915 c 149 § 3; RRS § 9157.]
35.70.050
35.70.060 Notice of resolution and order—Service.
The notice shall be served:
(1) By delivering a copy to the owner or reputed owner
of each parcel of land affected, or to the authorized agent of
the owners, or
(2) By leaving a copy thereof at the usual place of abode
of the owner in the city or town with a person of suitable age
and discretion residing therein, or
(3) If the owner is a nonresident of the city or town and
his place of residence is known by mailing a copy to the
owner addressed to his last known place of residence, or
(4) If the place of residence of the owner is unknown or
if the owner of any parcel of land affected is unknown, by
publication in the official newspaper of the city or town once
a week for two consecutive weeks. The notice shall specify a
reasonable time within which the sidewalk shall be constructed which in the case of publication of the notice shall
not be less than sixty days from the date of the first publication of such notice. [1985 c 469 § 36; 1965 c 7 § 35.70.060.
Prior: 1915 c 149 § 4; RRS § 9158.]
35.70.060
35.70.070 Superintendent to construct and prepare
assessment roll. If the notice and order to construct a sidewalk is not complied with within the time therein specified,
the officer or department having the superintendence of
streets shall proceed to construct said sidewalk forthwith and
shall report to the city or town council at its next regular
meeting or as soon thereafter as is practicable an assessment
roll showing each parcel of land abutting upon the sidewalk,
the name of the owner thereof if known, and apportion the
cost of said improvement to be assessed against each parcel
of such land. [1965 c 7 § 35.70.070. Prior: 1915 c 149 § 5,
part; RRS § 9159, part.]
35.70.070
35.70.040
(2008 Ed.)
35.70.080 Hearing on assessment roll—Notice.
Thereupon the city or town council shall set a date for hearing
any protests against the proposed assessment roll and shall
cause a notice of the time and place of the hearing to be published once a week for two successive weeks in the official
newspaper of the city or town, the date of the hearing to be
not less than thirty days from the date of the first publication
of the notice. At the hearing or at any adjournment thereof the
council by ordinance shall assess the cost of constructing the
sidewalk against the abutting property in accordance with the
35.70.080
[Title 35 RCW—page 247]
35.70.090
Title 35 RCW: Cities and Towns
benefits thereto. [1985 c 469 § 39; 1965 c 7 § 35.70.080.
Prior: (i) 1915 c 149 § 5, part; RRS § 9159, part. (ii) 1915 c
149 § 6, part; RRS § 9160, part.]
35.70.090 Lien of assessments and foreclosure. The
assessments shall become a lien upon the respective parcels
of land and shall be collected in the manner provided by law
for the collection of local improvement assessments and shall
bear interest at the rate of six percent per annum from the date
of the approval of said assessment thereon. [1965 c 7 §
35.70.090. Prior: 1915 c 149 § 6, part; RRS § 9160, part.]
35.70.090
Collection and foreclosure of local improvement assessments: Chapters
35.49, 35.50 RCW.
35.70.100 Provisions of chapter not exclusive. This
chapter shall not be construed as repealing or amending any
provision relating to the improvement of streets or public
places by special assessments commonly known as local
improvement laws, but shall be considered as additional legislation and auxiliary thereto and the city or town council, of
any city of the second class or town before exercising the
authority herein granted may by ordinance provide for the
application and enforcement of the provisions of this chapter
within the limitations herein specified. [1994 c 81 § 63; 1965
c 7 § 35.70.100. Prior: 1915 c 149 § 8; RRS § 9162.]
35.70.100
Chapter 35.71
Chapter 35.71 RCW
PEDESTRIAN MALLS
Sections
35.71.010
35.71.020
35.71.030
35.71.040
35.71.050
35.71.060
35.71.070
35.71.080
35.71.090
35.71.100
35.71.110
35.71.120
35.71.130
35.71.910
Definitions.
Establishment declared public purpose—Authority to establish—General powers.
Resolution of intention—Traffic limitation—Property
owner’s right of ingress and egress.
Plan—Alternate vehicle routes—Off-street parking—Hearing,
notice.
Real estate appraisers—Report.
Financing methods.
Waivers and quitclaim deeds—Rights in right-of-way.
Vacating, replatting right-of-way for mall purposes.
"Mall organization"—Powers in general—Directors—Officers.
Special assessment.
Claims for damages.
Contracts with mall organization for administration—Conflicting charter provisions.
Election to discontinue mall—Ordinance—Outstanding obligations—Restoration to former status.
Chapter controls inconsistent laws.
35.71.010 Definitions. As used in this chapter, the following terms shall have the meaning herein given to each of
them:
"City" means any city or town.
"Chief executive" means the mayor in a mayor-council
or commission city and city manager in a council-manager
city.
"Corporate authority" means the legislative body of any
city.
"Project" means a pedestrian mall project.
"Right-of-way" means that area of land dedicated for
public use or secured by the public for purposes of ingress
and egress to abutting property and other public purposes.
35.71.010
[Title 35 RCW—page 248]
"Mall" means an area of land, part of which may be surfaced, landscaped, and used entirely for pedestrian movements, except with respect to governmental functions, utilities, and loading and unloading of goods.
"Mall organization" means a group of property owners,
lessors, or lessees in an area that has been organized to consider the establishment, maintenance, and operation of a mall
in a given area and persons owning or having any legal or
equitable interest in the real property affected by the establishment of the mall. [1965 c 7 § 35.71.010. Prior: 1961 c
111 § 1.]
35.71.020 Establishment declared public purpose—
Authority to establish—General powers. The establishment of pedestrian malls is declared to be for a public purpose. Any corporate authority, by ordinance, may establish
and regulate any street right-of-way as a mall, may prohibit,
in whole or in part, vehicular traffic on a mall, and may provide for the acquisition of any interest in the right-of-way
necessary to its establishment, and may provide for the determination of legal damages, if any, to abutting property.
[1965 c 7 § 35.71.020. Prior: 1961 c 111 § 2.]
35.71.020
35.71.030 Resolution of intention—Traffic limitation—Property owner’s right of ingress and egress. When
the corporate authority determines that the public interest,
safety, and convenience is best served by the establishment of
a mall and that vehicular traffic will not be unduly inconvenienced thereby, it may adopt a resolution declaring its intention to do so, and announcing the intended extent of traffic
limitation. Any corporate authority is authorized to limit the
utilization of any right-of-way, except for utilities and governmental functions, provided adequate alternative routes for
vehicular movement, and the loading and unloading of goods
are established or are available. The abutting property
owner’s right of ingress and egress shall be considered to
have been satisfied whenever the corporate authority has
planned and constructed, or there is available, an alternate
route, alleyway, and service driveway. [1965 c 7 §
35.71.030. Prior: 1961 c 111 § 3.]
35.71.030
35.71.040 Plan—Alternate vehicle routes—Offstreet parking—Hearing, notice. Before a mall is established, a plan shall be formulated consistent with the city’s
comprehensive plan, including at least the area of the
right-of-way between two intersecting streets and showing
alternate routes outside the mall area upon which any vehicles excluded from using the mall may be accommodated; it
may include a provision for on and off-street parking. After
the plans have been prepared, the corporate authority shall
hold a public hearing thereon, giving notice of time and place
at least two weeks in advance of the hearing in a newspaper
of general circulation in the city and as required by chapter
42.32 RCW. [1965 c 7 § 35.71.040. Prior: 1961 c 111 § 4.]
35.71.040
35.71.050 Real estate appraisers—Report. The corporate authority is authorized to engage duly qualified real
estate appraisers, for the purpose of determining the value, or
legal damages, if any, to any person, owning or having any
legal or equitable interest in any real property who contends
35.71.050
(2008 Ed.)
Pedestrian Malls
that he would suffer damage if a projected mall were established; in connection therewith the city shall take into
account any increment in value that may result from the
establishment of the mall. The appraisers shall submit their
findings in writing to the chief executive of the city. [1965 c
7 § 35.71.050. Prior: 1961 c 111 § 5.]
35.71.060 Financing methods. The corporate authority
may finance the establishment of a mall, including, but not
limited to, right-of-way improvements, traffic control
devices, and off-street parking facilities in the vicinity of the
mall, by one or more of the following methods or by a combination of any two or more of them:
(1) By creating local improvement districts under the
laws applicable thereto in Title 35 RCW.
(2) By issuing revenue bonds pursuant to chapter 35.41
RCW, *RCW 35.24.305, chapter 35.92 RCW, RCW
35.81.100, and by such other statutes that may authorize such
bonds.
(3) By issuing general obligation bonds pursuant to
chapter 39.52 RCW, RCW 35.81.115, and by such other statutes and applicable provisions of the state Constitution that
may authorize such bonds.
(4) By use of gifts and donations.
(5) General fund and other available moneys: PROVIDED, That if any general fund moneys are expended for a
mall, provision may be made for repayment thereof to the
general fund from money received from the financing of the
mall.
The corporate authority may include within the cost of
any mall project the expense of moving utilities, or any facility located within a right-of-way. [1965 c 7 § 35.71.060.
Prior: 1961 c 111 § 6.]
35.71.060
*Reviser’s note: RCW 35.24.305 was recodified as RCW 35.23.454
pursuant to 1994 c 81 § 90.
35.71.070 Waivers and quitclaim deeds—Rights in
right-of-way. The corporate authority may formulate,
solicit, finance and acquire, purchase, or negotiate the acquisition of waivers and the execution of quitclaim deeds by persons owning or having any legal or equitable interest in the
real property affected by the establishment of a mall, conveying the necessary rights to the city to prohibit through vehicular traffic and otherwise limit vehicular access to, and from,
such right-of-way: PROVIDED, That the execution of such
waivers and quitclaim deeds shall not operate to extinguish
the rights of the abutting owner, lessor, or lessee in the
right-of-way, not included in such waiver or quitclaim deed.
[1965 c 7 § 35.71.070. Prior: 1961 c 111 § 7.]
35.71.070
35.71.080 Vacating, replatting right-of-way for mall
purposes. The corporate authority, as an alternate to the preceding methods, may find that the right-of-way no longer is
needed as a right-of-way. When persons owning or having
any legal or equitable interest in the real property affected by
a proposed mall, present a petition to the corporate authority
for vacating the right-of-way pursuant to chapter 35.79
RCW, or the corporate authority initiates by resolution such a
vacation proceeding, a right-of-way may be vacated and
replatted for mall purposes, and closed to vehicular traffic
35.71.080
(2008 Ed.)
35.71.130
except as provided in RCW 35.71.030, consistent with the
subdivision standards allowed by Title 58 RCW, and chapter
35.63 RCW. [1965 c 7 § 35.71.080. Prior: 1961 c 111 § 8.]
35.71.090 "Mall organization"—Powers in general—Directors—Officers. The corporate authority may
cause an organization of persons to be known as a "Mall
organization" interested in creating a mall in a given area to
be formed to provide for consultative assistance to the city
with respect to the establishment and administration of a
mall. This organization may elect a board of directors of not
less than three nor more than twelve members. The board
shall elect a president, a vice president, and a secretary from
its membership. [1965 c 7 § 35.71.090. Prior: 1961 c 111 §
9.]
35.71.090
35.71.100 Special assessment. After the establishment
of the mall, the corporate authority may levy a special assessment on the real property within the area specially benefited
by the improvement. Such special levy, if any, shall be for
operation and maintenance of the mall and appurtenances
thereto, which may not exceed one percent of the aggregate
actual valuation of the real property (including twenty-five
percent of the actual valuation of the improvements thereon)
according to the valuation last placed upon it for purposes of
general taxation: PROVIDED, That if a mall organization
board of directors exists as authorized by RCW 35.71.090,
the corporate authority may entertain a recommendation from
this organization with respect to such a levy by the corporate
authority. [1965 c 7 § 35.71.100. Prior: 1961 c 111 § 10.]
35.71.100
35.71.110 Claims for damages. Following the public
hearing on the ordinance to establish a mall any person owning or having any legal or equitable interest in property which
might be affected by reason of the establishment of the proposed mall or the board of directors of a mall organization
shall, within twenty days of such hearing, file with the city
clerk a statement describing the real property as to which the
claim is made, the nature of the claimant’s interest therein,
the nature of the alleged damage thereto and the amount of
damages claimed. After the receipt thereof, the corporate
authority may negotiate with the affected parties concerning
them or deny them. [1965 c 7 § 35.71.110. Prior: 1961 c 111
§ 11.]
35.71.110
35.71.120 Contracts with mall organization for
administration—Conflicting charter provisions. If the
corporate authority desires to have the mall administered by a
mall organization rather than by one of its departments, the
corporate authority may execute a contract with such an organization for the administration of the mall upon mutually satisfactory terms and conditions: PROVIDED, That if any provision of a city charter conflicts with this section, such provision of the city charter shall prevail. [1965 c 7 § 35.71.120.
Prior: 1961 c 111 § 12.]
35.71.120
35.71.130 Election to discontinue mall—Ordinance—Outstanding obligations—Restoration to former
status. The board of directors of a mall organization may call
for an election, after the mall has been in operation for two
35.71.130
[Title 35 RCW—page 249]
35.71.910
Title 35 RCW: Cities and Towns
years, at which the voting shall be by secret ballot, on the
question: "Shall the mall be continued in operation?" If sixty
percent of the membership of the organization vote to discontinue the mall, the results of the election shall be submitted to
the corporate authority. The corporate authority may initiate
proceedings by ordinance for the discontinuation of the mall,
allocate the proportionate amount of the outstanding obligations of the mall to the abutting property of the mall or property specially benefited if a local improvement district is
established, subject to the provisions of any applicable statutes and bond ordinances, resolutions, or agreements, and
thereafter, at a time set by the corporate authority, the mall
may be restored to its former right-of-way status. [1965 c 7 §
35.71.130. Prior: 1961 c 111 § 13.]
35.71.910 Chapter controls inconsistent laws. Insofar
as the provisions of this chapter are inconsistent with a provision of any other law, the provisions of this chapter shall be
controlling. [1965 c 7 § 35.71.910. Prior: 1961 c 111 § 15.]
35.71.910
Chapter 35.72
Chapter 35.72 RCW
CONTRACTS FOR STREET, ROAD,
AND HIGHWAY PROJECTS
Sections
35.72.010
35.72.020
35.72.030
35.72.040
35.72.050
Contracts authorized for street projects.
Reimbursement by other property owners—Contract requirements.
Reimbursement by other property owners—Reimbursement
share.
Assessment reimbursement contracts.
Alternative financing methods—Participation in or creation of
assessment reimbursement area by county, city, town, or
department of transportation—Eligibility for reimbursement.
35.72.010 Contracts authorized for street projects.
The legislative authority of any city, town, or county may
contract with owners of real estate for the construction or
improvement of street projects which the owners elect to
install as a result of ordinances that require the projects as a
prerequisite to further property development. [1983 c 126 §
1.]
35.72.010
35.72.020 Reimbursement by other property owners—Contract requirements. (1) Except as otherwise provided in subsection (2) of this section, the contract may provide for the partial reimbursement to the owner or the
owner’s assigns for a period not to exceed fifteen years of a
portion of the costs of the project by other property owners
who:
(a) Are determined to be within the assessment reimbursement area pursuant to RCW 35.72.040;
(b) Are determined to have a reimbursement share based
upon a benefit to the property owner pursuant to RCW
35.72.030;
(c) Did not contribute to the original cost of the street
project; and
(d) Subsequently develop their property within the
period of time that the contract is effective and at the time of
development were not required to install similar street
projects because they were already provided for by the contract.
Street projects subject to reimbursement may include
design, grading, paving, installation of curbs, gutters, storm
drainage, sidewalks, street lighting, traffic controls, and other
similar improvements, as required by the street standards of
the city, town, or county.
(2)(a) The contract may provide for an extension of the
fifteen-year reimbursement period for a time not to exceed
the duration of any moratorium, phasing ordinance, concurrency designation, or other governmental action that prevents
making applications for, or the approval of, any new development within the benefit area for a period of six months or
more.
(b) Upon the extension of the reimbursement period pursuant to (a) of this subsection, the contract must specify the
duration of the contract extension and must be filed and
recorded with the county auditor. Property owners who are
subject to the reimbursement obligations under subsection (1)
of this section shall be notified by the appropriate county,
city, or town of the extension filed under this subsection.
(3) Each contract shall include a provision requiring that
every two years from the date the contract is executed a property owner entitled to reimbursement under this section provide the appropriate county, city, or town with information
regarding the current contract name, address, and telephone
number of the person, company, or partnership that originally
entered into the contract. If the property owner fails to comply with the notification requirements of this subsection
within sixty days of the specified time, then the contracting
county, city, or town may collect any reimbursement funds
owed to the property owner under the contract. Such funds
must be deposited in the capital fund of the county, city, or
town. [2006 c 88 § 1; 1983 c 126 § 2.]
35.72.030
35.72.030 Reimbursement by other property owners—Reimbursement share. The reimbursement shall be a
pro rata share of construction and reimbursement of contract
administration costs of the street project. A city, town, or
county shall determine the reimbursement share by using a
method of cost apportionment which is based on the benefit
to the property owner from such project. [1983 c 126 § 3.]
35.72.020
[Title 35 RCW—page 250]
35.72.040
35.72.040 Assessment reimbursement contracts. The
procedures for assessment reimbursement contracts shall be
governed by the following:
(1) An assessment reimbursement area shall be formulated by the city, town, or county based upon a determination
by the city, town, or county of which parcels adjacent to the
improvements would require similar street improvements
upon development.
(2) The preliminary determination of area boundaries
and assessments, along with a description of the property
owners’ rights and options, shall be forwarded by certified
mail to the property owners of record within the proposed
assessment area. If any property owner requests a hearing in
writing within twenty days of the mailing of the preliminary
determination, a hearing shall be held before the legislative
body, notice of which shall be given to all affected property
owners. The legislative body’s ruling is determinative and
final.
(2008 Ed.)
Street Grades—Sanitary Fills
(3) The contract must be recorded in the appropriate
county auditor’s office within thirty days of the final execution of the agreement.
(4) If the contract is so filed, it shall be binding on owners of record within the assessment area who are not party to
the contract. [1988 c 179 § 16; 1983 c 126 § 4.]
Severability—Prospective application—Section captions—1988 c
179: See RCW 39.92.900 and 39.92.901.
35.72.050 Alternative financing methods—Participation in or creation of assessment reimbursement area by
county, city, town, or department of transportation—Eligibility for reimbursement. (1) As an alternative to financing projects under this chapter solely by owners of real estate,
a county, city, or town may join in the financing of improvement projects and may be reimbursed in the same manner as
the owners of real estate who participate in the projects, if the
county, city, or town has specified the conditions of its participation in an ordinance. As another alternative, a county, city,
or town may create an assessment reimbursement area on its
own initiative, without the participation of a private property
owner, finance the costs of the road or street improvements,
and become the sole beneficiary of the reimbursements that
are contributed. A county, city, or town may be reimbursed
only for the costs of improvements that benefit that portion of
the public who will use the developments within the assessment reimbursement area established pursuant to RCW
35.72.040(1). No county, city, or town costs for improvements that benefit the general public may be reimbursed.
(2) The department of transportation may, for state highways, participate with the owners of real estate or may be the
sole participant in the financing of improvement projects, in
the same manner and subject to the same restrictions as provided for counties, cities, and towns, in subsection (1) of this
section. The department shall enter into agreements whereby
the appropriate county, city, or town shall act as an agent of
the department in administering this chapter. [1997 c 158 §
1; 1987 c 261 § 1; 1986 c 252 § 1.]
35.72.050
Chapter 35.73
Chapter 35.73 RCW
STREET GRADES—SANITARY FILLS
Sections
35.73.010
35.73.020
35.73.030
35.73.040
35.73.050
35.73.060
35.73.070
35.73.080
Authority—First and second-class cities.
Estimates—Intention—Property included—Resolution.
Hearing—Time of—Publication of resolution.
Ordinance—Assessments.
Lien of assessments.
Improvement district bonds—Issuance.
Improvement district bonds—Payment—Remedies.
Provisions not exclusive.
35.73.010 Authority—First and second-class cities.
If a city of the first or second class establishes the grade of
any street or alley at a higher elevation than any private property abutting thereon, thereby rendering the drainage of such
private property or any part thereof impracticable without the
raising of the surface of such private property, or if the surface of any private property in any such city is so low as to
make sanitary drainage thereof impracticable and it is determined by resolution of the city council of such city that a fill
of such private property is necessary as a sanitary measure,
35.73.010
(2008 Ed.)
35.73.040
the city may provide therefor, and by general or special ordinance or both make provision for the necessary surveys, estimates, bids, contract, bond and supervision of the work and
for making and approving the assessment roll of the local
improvement district and for the collection of the assessments made thereby, and for the doing of everything which in
their discretion may be necessary or be incidental thereto:
PROVIDED, That before the approval of the assessment roll,
notice shall be given and an opportunity offered for the owners of the property affected by the assessment roll to be heard
before such city council in the same manner as in case of
assessments for drainage or sewerage in the city. [1965 c 7 §
35.73.010. Prior: (i) 1907 c 243 § 1; RRS § 9426. (ii) 1907 c
243 § 4; RRS § 9429.]
3 5 . 7 3 . 0 2 0 E s t i m a t es — I n t e n t i o n — P r o p e r t y
included—Resolution. Before establishing a grade for
property or providing for the fill of property, the city must
adopt a resolution declaring its intention to do so.
The resolution shall:
(1) Describe the property proposed to be improved by
the fill,
(2) State the estimated cost of making the improvement,
(3) State that the cost thereof is to be assessed against the
property improved thereby, and
(4) Fix a time not less than thirty days after the first publication of the resolution within which protests against the
proposed improvement may be filed with the city clerk.
The resolution may include as many separate parcels of
property as may seem desirable whether or not they are contiguous so long as they lie in the same general neighborhood
and may be included conveniently in one local improvement
district. [1965 c 7 § 35.73.020. Prior: 1907 c 243 § 2, part;
RRS § 9427, part.]
35.73.020
35.73.030 Hearing—Time of—Publication of resolution. Upon the passage of the resolution the city clerk shall
cause it to be published in the official newspaper of the city
in at least two successive issues before the time fixed in the
resolution for filing protests. Proof of publication by affidavit
shall be filed as part of the record of the proceedings. [1965
c 7 § 35.73.030. Prior: 1907 c 243 § 2, part; RRS § 9427,
part.]
35.73.030
35.73.040 Ordinance—Assessments. If no protest is
filed, or if protests are filed but the city council after full hearing determines that it is necessary to fill any portion of the
private property it shall proceed to enact an ordinance for
such improvement. By the provisions of the ordinance, a
local improvement district shall be established to be called
"local improvement district No. . . . .," which shall include all
the property found by the said council to require the fill as a
sanitary measure. The ordinance shall provide that such
improvement shall be made and shall fix and establish the
grades to which the said property and the different portions
thereof shall be brought by such improvement, and that the
cost and expense thereof shall be taxed and assessed upon all
the property in such local improvement district, which cost
shall be assessed in proportion to the number of cubic yards
of earth and bulkheading required for the different portions of
35.73.040
[Title 35 RCW—page 251]
35.73.050
Title 35 RCW: Cities and Towns
said property included in said improvement district and in
proportion to the benefits derived by such improvement:
PROVIDED, That the city council may expend from the general fund for such purposes such sums as in its judgment may
seem fair and equitable in consideration of the benefits accruing to the general public by reason of such improvement.
[1965 c 7 § 35.73.040. Prior: 1907 c 243 § 3, part; RRS §
9428, part.]
35.73.050 Lien of assessments. Whenever any expense
or cost of work has been assessed the amount of such expense
and cost shall become a lien upon said lands against which
the same are so assessed and shall take precedence of all
other liens, except general tax liens and special assessment
liens theretofore assessed by the said city thereon and which
may be foreclosed in accordance with law in the name of
such city as plaintiff. And in any such proceeding if the court
trying the same shall be satisfied that the work has been done
or material furnished for the fill of such property, a recovery
shall be permitted or charge enforced to the extent of the
proper proportion of the value of the work or material which
would be chargeable on such lot or land notwithstanding any
informality, irregularity or defects in any of the proceedings
of such municipal corporation or its officers. [1965 c 7 §
35.73.050. Prior: 1907 c 243 § 3, part; RRS § 9428, part.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.73.080 Provisions not exclusive. The provisions
and remedies provided by this chapter for filling lowlands in
connection with establishing street grades or for sanitary reasons are cumulative. [1965 c 7 § 35.73.080. Prior: 1907 c
243 § 6; RRS § 9431.]
35.73.080
35.73.050
Collection and foreclosure of local improvement district assessments:
Chapters 35.49, 35.50 RCW.
35.73.060 Improvement district bonds—Issuance.
(1) The city may, in its discretion, by general or special ordinance, or both, instead of requiring immediate payment for
the said work to be made by the owners of property included
in the assessment roll, authorize the issuance of interest bearing bonds or warrants of the local improvement district, payable on or before a date not to exceed twelve years from and
after their date. The bonds may be issued subject to call, the
amount of the said assessment to be payable in installments
or otherwise, and the bonds to be of such terms as may be
provided in the ordinances and to bear interest at such rate or
rates as may be prescribed in the ordinances. Such bonds or
warrants may be of any form, including bearer bonds or
bearer warrants, or registered bonds or registered warrants as
provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such
bonds or warrants may be issued and sold in accordance with
chapter 39.46 RCW. [1983 c 167 § 62; 1981 c 156 § 9; 1979
ex.s. c 30 § 1; 1965 c 7 § 35.73.060. Prior: 1915 c 87 § 1,
part; 1907 c 243 § 5, part; RRS § 9430, part.]
35.73.060
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.73.070 Improvement district bonds—Payment—
Remedies. The bonds or warrants shall be payable only from
the fund created by the special assessments upon the property
in the local improvement district, and the owner of any bond
or warrant shall look only to this fund for the payment of the
principal and interest thereof and shall have no claim or lien
therefor against the city by which the same was issued except
from that fund. [1983 c 167 § 63; 1965 c 7 § 35.73.070.
Prior: 1915 c 87 § 1, part; 1907 c 243 § 5, part; RRS § 9430,
part.]
35.73.070
[Title 35 RCW—page 252]
Chapter 35.74
Chapter 35.74 RCW
STREETS—DRAWBRIDGES
Sections
35.74.010
35.74.020
35.74.030
35.74.040
35.74.050
35.74.060
35.74.070
Authority to construct or grant franchise to construct.
Initiation of proceedings—Notice to county commissioners.
Determination of width of draw—Appeal.
Required specifications.
Authority to operate toll bridges—Toll rate review and
approval by tolling authority.
Prerequisites of grant of franchise—Approval of bridge—
Tolls.
License fees—Renewal of license.
Counties may assist as to certain bridges on city streets: RCW 36.75.200.
35.74.010 Authority to construct or grant franchise
to construct. Every city and town may erect and maintain
drawbridges across navigable streams that flow through or
penetrate the boundaries thereof, when the public necessity
requires it, or it may grant franchises to persons or corporations to erect them and charge toll thereon. [1965 c 7 §
35.74.010. Prior: 1890 p 54 § 1; RRS § 9323.]
35.74.010
35.74.020 Initiation of proceedings—Notice to
county commissioners. If the city or town council desires to
erect a drawbridge across any navigable stream on any street,
or to grant the privilege so to do to any corporation or individual, it shall notify the board of county commissioners to that
effect stating the precise point where such bridge is proposed
to be located. [1965 c 7 § 35.74.020. Prior: 1890 p 54 § 2,
part; RRS § 9324, part.]
35.74.020
35.74.030 Determination of width of draw—Appeal.
The board of county commissioners within ten days from the
receipt of the notice, if in session, and if not in session, within
five days after the first day of the next regular or special session, shall designate the width of the draw to be made in such
bridge, and the length of span necessary to permit the free
flow of water: PROVIDED, That if any persons deem themselves aggrieved by the determination of the matter by the
board, they may appeal to the superior court which may hear
and determine the matter upon such further notice and on
such testimony as it shall direct to be produced. [1965 c 7 §
35.74.030. Prior: 1890 p 54 § 2, part; RRS § 9324, part.]
35.74.030
35.74.040 Required specifications. All bridges constructed under the provisions of this chapter must be so constructed as not to obstruct navigation, and must have a draw
or swing of sufficient space or span to permit the safe, convenient, and expeditious passage at all times of any steamer or
vessel or raft which may navigate the stream or waters
bridged. [1965 c 7 § 35.74.040. Prior: 1890 p 55 § 5; RRS §
9327.]
35.74.040
(2008 Ed.)
Streets—Bicycles—Paths
35.74.050 Authority to operate toll bridges—Toll
rate review and approval by tolling authority. A city or
town may build and maintain toll bridges and charge and collect tolls thereon, and to that end may provide a system and
elect or appoint persons to operate the same, or the said
bridges may be made free, as it may elect.
Consistent with RCW 47.56.850, any toll proposed
under this section, including any change in an existing toll
rate, must first be reviewed and approved by the tolling
authority designated in RCW 47.56.850 if the toll, or change
in toll rate, would have a significant impact, as determined by
the tolling authority, on the operation of any state facility.
[2008 c 122 § 15; 1965 c 7 § 35.74.050. Prior: 1890 p 55 §
6; RRS § 9328.]
35.74.050
35.74.060 Prerequisites of grant of franchise—
Approval of bridge—Tolls. Before any franchise to build
any bridge across any such navigable stream is granted by
any city or town council it shall fix a license tax, not to
exceed ten percent of the tolls collected annually. Upon the
completion of the bridge the city or town council shall cause
it to be inspected and if it is found to comply in all respects
with the specifications previously made, and to be safe and
convenient for the public, the council shall declare it open as
a toll bridge, and shall immediately fix the rates of toll
thereof. [1965 c 7 § 35.74.060. Prior: 1890 p 55 § 3; RRS §
9325.]
35.74.060
35.74.070 License fees—Renewal of license. The
owner or keeper of any toll bridges in any city or town shall,
before the renewal of any license, report to the city or town
council under oath, the actual cost of construction and equipment of the toll bridge, the repairs and cost of maintaining it
during the preceding year, the amount of tax collected, and
the estimated cash value of the bridge, exclusive of the franchise. All funds arising from the license tax shall be paid into
the general fund of the city or town. [1965 c 7 § 35.74.070.
Prior: 1890 p 55 § 4; RRS § 9326.]
35.74.070
Chapter 35.75
Chapter 35.75 RCW
STREETS—BICYCLES—PATHS
Sections
35.75.010
35.75.020
35.75.030
35.75.040
35.75.050
35.75.060
Authority to regulate and license bicycles—Penalties.
Use of bicycle paths for other purposes prohibited.
License fees authorized.
Rules regulating use of bicycle paths.
Bicycle road fund—Sources—Use.
Use of street and road funds for bicycle paths, lanes, routes and
improvements authorized—Standards.
Bicycle awareness program: RCW 43.43.390.
Bicycle transportation management program: RCW 47.04.190.
Pavement marking standards: RCW 47.36.280.
Rules of the road, bicycles: RCW 46.61.750 through 46.61.780.
35.75.060
may provide by ordinance for reasonable fines and penalties
for violation of the ordinance. [1965 c 7 § 35.75.010. Prior:
(i) 1899 c 31 § 1; RRS § 9204. (ii) 1899 c 31 § 2; RRS §
9205.]
35.75.020 Use of bicycle paths for other purposes
prohibited. It shall be unlawful for any person to lead, drive,
ride, or propel any team, wagon, animal, or vehicle other than
a bicycle, electric personal assistive mobility device, or similar vehicle upon and along any bicycle path constructed
within or without the corporate limits of any city or town
excepting at suitable crossings to be provided in the construction of such paths. Any person violating the provisions of this
section shall be guilty of a misdemeanor. [2002 c 247 § 8;
1965 c 7 § 35.75.020. Prior: 1899 c 31 § 3; RRS § 9206.]
35.75.020
Legislative review—2002 c 247: See note following RCW 46.04.1695.
35.75.030 License fees authorized. Every city and
town by ordinance may establish and collect reasonable
license fees from all persons riding a bicycle or other similar
vehicle within its respective corporate limits, and may
enforce the payment thereof by reasonable fines and penalties. [1965 c 7 § 35.75.030. Prior: 1899 c 31 § 4; RRS §
9207.]
35.75.030
35.75.040 Rules regulating use of bicycle paths. The
license fee to be paid and the rules regulating the riding of
bicycles or other similar vehicles within any city or town
shall be fixed by ordinance, and the rules regulating the use of
such bicycle paths or roadways constructed or maintained
within its limits and the fines and penalties for the violation
of such rules shall be fixed by ordinance. [1965 c 7 §
35.75.040. Prior: 1899 c 31 § 5; RRS § 9208.]
35.75.040
35.75.050 Bicycle road fund—Sources—Use. The
city or town council shall by ordinance provide that the whole
amount or any amount not less than seventy-five percent of
all license fees, penalties or other moneys collected under the
authority of this chapter shall be paid into and placed to the
credit of a special fund to be known as the "bicycle road
fund." The moneys in the bicycle road fund shall not be
transferred to any other fund and shall be paid out for the sole
purpose of building and maintaining bicycle paths and roadways authorized to be constructed and maintained by this
chapter or for special police officers, bicycle tags, stationery
and other expenses growing out of the regulating and licensing of the riding of bicycles and other vehicles and the construction, maintenance and regulation of the use of bicycle
paths and roadways. [2007 c 218 § 69; 1965 c 7 § 35.75.050.
Prior: 1899 c 31 § 6; RRS § 9209.]
35.75.050
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
35.75.060 Use of street and road funds for bicycle
paths, lanes, routes and improvements authorized—Standards. Any city or town may use any funds available for
street or road construction, maintenance, or improvement for
building, improving, and maintaining bicycle paths, lanes,
roadways, and routes, and for improvements to make existing
streets and roads more suitable and safe for bicycle traffic:
PROVIDED, That any such paths, lanes, roadways, routes, or
35.75.060
35.75.010 Authority to regulate and license bicycles—Penalties. Every city and town may by ordinance regulate and license the riding of bicycles and other similar vehicles upon or along the streets, alleys, highways, or other public grounds within its limits and may construct and maintain
bicycle paths or roadways within or outside of and beyond its
limits leading to or from the city or town. The city or town
35.75.010
(2008 Ed.)
[Title 35 RCW—page 253]
Chapter 35.76
Title 35 RCW: Cities and Towns
streets for which any such street or road funds are expended
shall be suitable for bicycle transportation purposes and not
solely for recreation purposes. Bicycle facilities constructed
or modified after June 10, 1982, shall meet or exceed the
standards of the state department of transportation. [1982 c
55 § 1; 1974 ex.s. c 141 § 10.]
Chapter 35.76 RCW
STREETS—BUDGET AND ACCOUNTING
Chapter 35.76
Sections
35.76.010
35.76.020
35.76.030
35.76.040
35.76.050
35.76.060
Declaration of purpose—Budget and accounting by functional
categories.
Cost accounting and reporting—Cities over eight thousand.
Cost accounting and reporting—Cities of eight thousand or
less.
Manual of instructions.
Cost-audit examination and report.
Budgets.
35.76.010 Declaration of purpose—Budget and
accounting by functional categories. Records of city street
expenditures are generally inadequate to meet the needs of
cities for planning and administration of their street programs
and the needs of the legislature in providing for city street
financing. It is the intent of the legislature that each city and
town shall budget and thereafter maintain records and
accounts for all street expenditures by functional categories
in a manner consistent with its size, administrative capabilities, and the amounts of money expended by it for street purposes. [1965 c 7 § 35.76.010. Prior: 1963 c 115 § 1.]
35.76.010
35.76.020 Cost accounting and reporting—Cities
over eight thousand. The state auditor shall formulate, prescribe, and install a system of cost accounting and reporting
for each city having a population of more than eight thousand, according to the last official census, which will correctly show all street expenditures by functional categories.
The system shall also provide for reporting all revenues
available for street purposes from whatever source including
local improvement district assessments and state and federal
aid. [1995 c 301 § 48; 1965 c 7 § 35.76.020. Prior: 1963 c
115 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
35.76.050 Cost-audit examination and report. The
state auditor shall annually make a cost-audit examination of
street records for each city and town and make a written
report thereon to the legislative body of each city and town.
The expense of the examination shall be paid out of that portion of the motor vehicle fund allocated to the cities and
towns and withheld for use by the state department of transportation under the terms of RCW 46.68.110(1). [1995 c 301
§ 50; 1984 c 7 § 22; 1965 c 7 § 35.76.050. Prior: 1963 c 115
§ 5.]
35.76.050
Severability—1984 c 7: See note following RCW 47.01.141.
35.76.060 Budgets. Expenditures for city and town
streets shall be budgeted by each city and town according to
the same functional categories prescribed by the state auditor
for purposes of accounting and reporting as provided in RCW
35.76.020 and 35.76.030.
In the preparation of city and town budgets, including the
preparation and filing of budget estimates, adoption of preliminary budgets and adoption of final budgets, all expenditures for street purposes shall be designated by such functional categories only. [1965 c 7 § 35.76.060. Prior: 1963 c
115 § 6.]
35.76.060
Chapter 35.77 RCW
STREETS—PLANNING, ESTABLISHMENT,
CONSTRUCTION, AND MAINTENANCE
Chapter 35.77
Sections
35.76.020
Cities over eight thousand, equipment rental fund in street department:
RCW 35.21.088.
35.76.030 Cost accounting and reporting—Cities of
eight thousand or less. Consistent with the intent of this
chapter as stated in RCW 35.76.010, the state auditor, from
and after July 1, 1965, is authorized and directed to prescribe
accounting and reporting procedures for street expenditures
for cities and towns having a population of eight thousand or
less, according to the last official census. [1995 c 301 § 49;
1965 c 7 § 35.76.030. Prior: 1963 c 115 § 3.]
35.77.010
35.77.015
35.77.020
35.77.030
35.77.040
Perpetual advanced six-year plans for coordinated transportation program expenditures—Nonmotorized transportation—
Railroad right-of-way.
Provisions for bicycle paths, lanes, routes, roadways and
improvements to be included in annual revision or extension
of comprehensive street programs—Exception.
Agreements with county for planning, establishment, construction, and maintenance.
Agreements with county for planning, establishment, construction, and maintenance—County may use road fund—
Payments by city—Contracts, bids.
Agreements with county for planning, establishment, construction, and maintenance—Act is additional and concurrent method.
Bicycle awareness program: RCW 43.43.390.
Bicycle transportation management program: RCW 47.04.190.
Local adopt-a-highway programs: RCW 47.40.105.
35.76.030
35.76.040 Manual of instructions. The state auditor,
after consultation with the association of Washington cities
and the planning division of the state department of transportation shall prepare and distribute to the cities and towns a
manual of instructions governing accounting and reporting
procedures for all street expenditures. [1984 c 7 § 21; 1965 c
7 § 35.76.040. Prior: 1963 c 115 § 4.]
35.76.040
[Title 35 RCW—page 254]
Pavement marking standards: RCW 47.36.280.
Planning commissions: Chapter 35.63 RCW.
State highways in urban areas, allocation of funds, planning, bond issue,
etc.: Chapter 47.26 RCW.
Urban arterials, planning, construction by cities and counties, transportation improvement board, bond issue, etc.: Chapter 47.26 RCW.
35.77.010 Perpetual advanced six-year plans for
coordinated transportation program expenditures—Nonmotorized transportation—Railroad right-of-way. (1)
The legislative body of each city and town, pursuant to one or
more public hearings thereon, shall prepare and adopt a comprehensive transportation program for the ensuing six calendar years. If the city or town has adopted a comprehensive
plan pursuant to chapter 35.63 or 35A.63 RCW, the inherent
authority of a first-class city derived from its charter, or chap35.77.010
(2008 Ed.)
Streets—Planning, Establishment, Construction, and Maintenance
ter 36.70A RCW, the program shall be consistent with this
comprehensive plan. The program shall include any new or
enhanced bicycle or pedestrian facilities identified pursuant
to RCW 36.70A.070(6) or other applicable changes that promote nonmotorized transit.
The program shall be filed with the secretary of transportation not more than thirty days after its adoption. Annually
thereafter the legislative body of each city and town shall
review the work accomplished under the program and determine current city transportation needs. Based on these findings each such legislative body shall prepare and after public
hearings thereon adopt a revised and extended comprehensive transportation program before July 1st of each year, and
each one-year extension and revision shall be filed with the
secretary of transportation not more than thirty days after its
adoption. The purpose of this section is to assure that each
city and town shall perpetually have available advanced plans
looking to the future for not less than six years as a guide in
carrying out a coordinated transportation program. The program may at any time be revised by a majority of the legislative body of a city or town, but only after a public hearing.
The six-year plan for each city or town shall specifically
set forth those projects and programs of regional significance
for inclusion in the transportation improvement program
within that region.
(2) Each six-year transportation program forwarded to
the secretary in compliance with subsection (1) of this section
shall contain information as to how a city or town will expend
its moneys, including funds made available pursuant to chapter 47.30 RCW, for nonmotorized transportation purposes.
(3) Each six-year transportation program forwarded to
the secretary in compliance with subsection (1) of this section
shall contain information as to how a city or town shall act to
preserve railroad right-of-way in the event the railroad ceases
to operate in the city’s or town’s jurisdiction. [2005 c 360 §
4. Prior: 1994 c 179 § 1; 1994 c 158 § 7; 1990 1st ex.s. c 17
§ 59; 1988 c 167 § 6; 1984 c 7 § 23; 1977 ex.s. c 317 § 7;
1975 1st ex.s. c 215 § 1; 1967 ex.s. c 83 § 27; 1965 c 7 §
35.77.010; prior: 1961 c 195 § 2.]
Findings—Intent—2005 c 360: See note following RCW 36.70A.070.
Captions not law—Severability—Effective date—1994 c 158: See
RCW 47.80.902 through 47.80.904.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Severability—1984 c 7: See note following RCW 47.01.141.
Effective dates—Severability—1977 ex.s. c 317: See notes following
RCW 82.36.010.
Severability—Effective dates—1967 ex.s. c 83: See RCW 47.26.900
and 47.26.910.
Highways, roads, streets in urban areas, urban arterials, development:
Chapter 47.26 RCW.
Long-range arterial construction planning, counties and cities to prepare
data: RCW 47.26.170.
Perpetual advanced six-year plans for coordinated transportation program:
RCW 36.81.121.
Transportation improvement board: Chapter 47.26 RCW.
35.77.015 Provisions for bicycle paths, lanes, routes,
roadways and improvements to be included in annual
35.77.015
(2008 Ed.)
35.77.030
revision or extension of comprehensive street programs—
Exception. The annual revision and extension of comprehensive street programs pursuant to RCW 35.77.010 shall
include consideration of and, wherever reasonably practicable, provisions for bicycle routes: PROVIDED, That no provision need be made for any such route where the cost of
establishing it would be excessively disproportionate to the
need or probable use. [1974 ex.s. c 141 § 11.]
35.77.020 Agreements with county for planning,
establishment, construction, and maintenance. Any city
or town may enter into an agreement with the county in
which it is located authorizing the county to perform all or
any part of the construction, repair, and maintenance of
streets in such city or town at such cost as shall be mutually
agreed upon. The agreement shall be approved by ordinance
of the governing body of the city or town and by resolution of
the board of county commissioners.
Any such agreement may include, but shall not be limited to the following:
(1) A provision that the county shall perform all or a
specified part of the construction, repair, or maintenance of
the city or town streets and bridges to the same standards provided by the county in unincorporated areas, or to increased
standards as shall be specified which may include construction, repair, or maintenance of drainage facilities including
storm sewers, sidewalks and curbings, street lighting, and
traffic control devices.
(2) A provision that the county may provide engineering
and administrative services necessary for the planning, establishment, construction, and maintenance of the streets of the
city or town, including engineering and clerical services necessary for the establishment of local improvement districts. In
providing such services the county engineer may exercise all
the powers and perform all the duties vested by law or by
ordinance in the city or town engineer or other officer or
department charged with street administration.
(3) A provision that the city or town shall enact ordinances for the administration, establishment, construction,
repair, maintenance, regulation, and protection of its streets
as may be necessary to authorize the county to lawfully carry
out the terms of the agreement. [1965 c 7 § 35.77.020. Prior:
1961 c 245 § 1.]
35.77.020
35.77.030 Agreements with county for planning,
establishment, construction, and maintenance—County
may use road fund—Payments by city—Contracts, bids.
Pursuant to an agreement authorized by RCW 35.77.020, the
board of county commissioners may expend funds from the
county road fund for the construction, repair, and maintenance of the streets of such city or town and for engineering
and administrative services. Payments by a city or town
under such an agreement shall be made to the county treasurer and by him deposited in the county road fund. Such
construction, repair, maintenance, and engineering service
shall be ordered by resolution and proceedings conducted in
respect thereto in the same manner as provided for the construction, repair, and maintenance of county roads by counties, and for the preparation of maps, plans and specifications,
advertising and award of contracts therefor: PROVIDED,
35.77.030
[Title 35 RCW—page 255]
35.77.040
Title 35 RCW: Cities and Towns
That except in case of emergency all construction work performed by a county on city streets pursuant to RCW
35.77.020 through 35.77.040, which exceeds ten thousand
dollars, shall be done by contract, unless after advertisement
and solicitation of competitive bids it appears that bids are
unobtainable or that the lowest bid exceeds the amount for
which such construction can be done by means other than
contract. No street construction project shall be divided into
lesser component parts for the purpose of avoiding the
requirements for competitive bidding. [1965 c 7 § 35.77.030.
Prior: 1961 c 245 § 2.]
35.77.040 Agreements with county for planning,
establishment, construction, and maintenance—Act is
additional and concurrent method. RCW 35.77.020
through 35.77.040 shall not repeal, amend, or modify any law
providing for joint or cooperative agreements between cities
and counties with respect to city streets, but shall be held to
be an additional and concurrent method providing for such
purpose. [1965 c 7 § 35.77.040. Prior: 1961 c 245 § 3.]
35.77.040
Chapter 35.78
Chapter 35.78 RCW
STREETS—CLASSIFICATION
AND DESIGN STANDARDS
Sections
35.78.010
35.78.020
35.78.030
35.78.040
state aid engineer. The members to be appointed by the executive committee of the Association of Washington Cities
shall be restricted to the membership of the association or to
those holding office and/or performing the function of chief
engineer in any of the several municipalities in the state.
[1984 c 7 § 24; 1965 c 7 § 35.78.020. Prior: 1949 c 164 § 2;
Rem. Supp. 1949 § 9300-2.]
Severability—1984 c 7: See note following RCW 47.01.141.
35.78.030 Committee to adopt uniform design standards. The design standards committee shall from time to
time adopt uniform design standards for major arterial and
secondary arterial streets. [1965 c 7 § 35.78.030. Prior: 1949
c 164 § 3; Rem. Supp. 1949 § 9300-3.]
35.78.030
35.78.040 Design standards must be followed by
municipalities—Approval of deviations. The governing
body of the several municipalities shall apply the uniform
design standards adopted under RCW 35.78.030 to all new
construction on major arterial and secondary arterial streets
and to reconstruction of old such streets as far as practicable.
No deviation from the design standards as to such streets may
be made without approval of the state aid engineer. [1984 c
7 § 25; 1965 c 7 § 35.78.040. Prior: 1949 c 164 § 4; Rem.
Supp. 1949 § 9300-4.]
35.78.040
Severability—1984 c 7: See note following RCW 47.01.141.
Classification of streets.
State design standards—Committee—Membership.
Committee to adopt uniform design standards.
Design standards must be followed by municipalities—
Approval of deviations.
Chapter 35.79
City and town streets as part of state highways: Chapter 47.24 RCW.
Sections
Design standards committee for county roads: Chapter 43.32 RCW, RCW
36.86.070, 36.86.080.
35.79.010
35.79.020
35.79.030
35.79.035
Chapter 35.79 RCW
STREETS—VACATION
35.78.010 Classification of streets. The governing
body of each municipal corporation shall classify and designate city streets as follows:
Major arterials, which are defined as transportation arteries which connect the focal points of traffic interest within a
city; arteries which provide communications with other communities and the outlying areas; or arteries which have relatively high traffic volume compared with other streets within
the city;
Secondary arterials, which are defined as routes which
serve lesser points of traffic interest within a city; provide
communication with outlying districts in the same degree or
serve to collect and distribute traffic from the major arterials
to the local streets;
Access streets, which are defined as land service streets
and are generally limited to providing access to abutting
property. They are tributary to the major and secondary thoroughfares and generally discourage through traffic. [1965 c
7 § 35.78.010. Prior: 1949 c 164 § 1; Rem. Supp. 1949 §
9300-1.]
35.78.010
35.78.020 State design standards—Committee—
Membership. There is created a state design standards committee of seven members, six of whom shall be appointed by
the executive committee of the Association of Washington
Cities to hold office at its pleasure and the seventh to be the
35.78.020
[Title 35 RCW—page 256]
35.79.040
35.79.050
Petition by owners—Fixing time for hearing.
Notice of hearing—Objections prior to hearing.
Hearing—Ordinance of vacation.
Limitations on vacations of streets abutting bodies of water—
Procedure.
Title to vacated street or alley.
Vested rights not affected.
35.79.010 Petition by owners—Fixing time for hearing. The owners of an interest in any real estate abutting
upon any street or alley who may desire to vacate the street or
alley, or any part thereof, may petition the legislative authority to make vacation, giving a description of the property to
be vacated, or the legislative authority may itself initiate by
resolution such vacation procedure. The petition or resolution
shall be filed with the city or town clerk, and, if the petition is
signed by the owners of more than two-thirds of the property
abutting upon the part of such street or alley sought to be
vacated, legislative authority by resolution shall fix a time
when the petition will be heard and determined by such
authority or a committee thereof, which time shall not be
more than sixty days nor less than twenty days after the date
of the passage of such resolution. [1965 c 7 § 35.79.010.
Prior: 1957 c 156 § 2; 1901 c 84 § 1, part; RRS § 9297, part.]
35.79.010
35.79.020 Notice of hearing—Objections prior to
hearing. Upon the passage of the resolution the city or town
clerk shall give twenty days’ notice of the pendency of the
petition by a written notice posted in three of the most public
places in the city or town and a like notice in a conspicuous
35.79.020
(2008 Ed.)
Streets—Vacation
place on the street or alley sought to be vacated. The said
notice shall contain a statement that a petition has been filed
to vacate the street or alley described in the notice, together
with a statement of the time and place fixed for the hearing of
the petition. In all cases where the proceeding is initiated by
resolution of the city or town council or similar legislative
authority without a petition having been signed by the owners
of more than two-thirds of the property abutting upon the part
of the street or alley sought to be vacated, in addition to the
notice hereinabove required, there shall be given by mail at
least fifteen days before the date fixed for the hearing, a similar notice to the owners or reputed owners of all lots, tracts
or parcels of land or other property abutting upon any street
or alley or any part thereof sought to be vacated, as shown on
the rolls of the county treasurer, directed to the address
thereon shown: PROVIDED, That if fifty percent of the
abutting property owners file written objection to the proposed vacation with the clerk, prior to the time of hearing, the
city shall be prohibited from proceeding with the resolution.
[1965 c 7 § 35.79.020. Prior: 1957 c 156 § 3; 1901 c 84 § 1,
part; RRS § 9297, part.]
35.79.030
35.79.030 Hearing—Ordinance of vacation. The
hearing on such petition may be held before the legislative
authority, or before a committee thereof upon the date fixed
by resolution or at the time said hearing may be adjourned to.
If the hearing is before such a committee the same shall, following the hearing, report its recommendation on the petition
to the legislative authority which may adopt or reject the recommendation. If such hearing be held before such a committee it shall not be necessary to hold a hearing on the petition
before such legislative authority. If the legislative authority
determines to grant said petition or any part thereof, such city
or town shall be authorized and have authority by ordinance
to vacate such street, or alley, or any part thereof, and the
ordinance may provide that it shall not become effective until
the owners of property abutting upon the street or alley, or
part thereof so vacated, shall compensate such city or town in
an amount which does not exceed one-half the appraised
value of the area so vacated. If the street or alley has been part
of a dedicated public right-of-way for twenty-five years or
more, or if the subject property or portions thereof were
acquired at public expense, the city or town may require the
owners of the property abutting the street or alley to compensate the city or town in an amount that does not exceed the
full appraised value of the area vacated. The ordinance may
provide that the city retain an easement or the right to exercise and grant easements in respect to the vacated land for the
construction, repair, and maintenance of public utilities and
services. A certified copy of such ordinance shall be recorded
by the clerk of the legislative authority and in the office of the
auditor of the county in which the vacated land is located.
One-half of the revenue received by the city or town as compensation for the area vacated must be dedicated to the acquisition, improvement, development, and related maintenance
of public open space or transportation capital projects within
the city or town. [2002 c 55 § 1; 2001 c 202 § 1; 1987 c 228
§ 1; 1985 c 254 § 1; 1969 c 28 § 4. Prior: 1967 ex.s. c 129 §
1; 1967 c 123 § 1; 1965 c 7 § 35.79.030; prior: 1957 c 156 §
4; 1949 c 14 § 1; 1901 c 84 § 2; Rem. Supp. 1949 § 9298.]
(2008 Ed.)
35.79.050
35.79.035 Limitations on vacations of streets abutting bodies of water—Procedure. (1) A city or town shall
not vacate a street or alley if any portion of the street or alley
abuts a body of fresh or salt water unless:
(a) The vacation is sought to enable the city or town to
acquire the property for port purposes, beach or water access
purposes, boat moorage or launching sites, park, public view,
recreation, or educational purposes, or other public uses;
(b) The city or town, by resolution of its legislative
authority, declares that the street or alley is not presently
being used as a street or alley and that the street or alley is not
suitable for any of the following purposes: Port, beach or
water access, boat moorage, launching sites, park, public
view, recreation, or education; or
(c) The vacation is sought to enable a city or town to
implement a plan, adopted by resolution or ordinance, that
provides comparable or improved public access to the same
shoreline area to which the streets or alleys sought to be
vacated abut, had the properties included in the plan not been
vacated.
(2) Before adopting a resolution vacating a street or alley
under subsection (1)(b) of this section, the city or town shall:
(a) Compile an inventory of all rights-of-way within the
city or town that abut the same body of water that is abutted
by the street or alley sought to be vacated;
(b) Conduct a study to determine if the street or alley to
be vacated is suitable for use by the city or town for any of the
following purposes: Port, boat moorage, launching sites,
beach or water access, park, public view, recreation, or education;
(c) Hold a public hearing on the proposed vacation in the
manner required by this chapter, where in addition to the normal requirements for publishing notice, notice of the public
hearing is posted conspicuously on the street or alley sought
to be vacated, which posted notice indicates that the area is
public access, it is proposed to be vacated, and that anyone
objecting to the proposed vacation should attend the public
hearing or send a letter to a particular official indicating his or
her objection; and
(d) Make a finding that the street or alley sought to be
vacated is not suitable for any of the purposes listed under (b)
of this subsection, and that the vacation is in the public interest.
(3) No vacation shall be effective until the fair market
value has been paid for the street or alley that is vacated.
Moneys received from the vacation may be used by the city
or town only for acquiring additional beach or water access,
acquiring additional public view sites to a body of water, or
acquiring additional moorage or launching sites. [1987 c 228
§ 2.]
35.79.035
35.79.040 Title to vacated street or alley. If any street
or alley in any city or town is vacated by the city or town
council, the property within the limits so vacated shall belong
to the abutting property owners, one-half to each. [1965 c 7
§ 35.79.040. Prior: 1901 c 84 § 3; RRS § 9299.]
35.79.040
35.79.050 Vested rights not affected. No vested rights
shall be affected by the provisions of this chapter. [1965 c 7
§ 35.79.050. Prior: 1901 c 84 § 4; RRS § 9300.]
35.79.050
[Title 35 RCW—page 257]
Chapter 35.80
Chapter 35.80
Title 35 RCW: Cities and Towns
Chapter 35.80 RCW
UNFIT DWELLINGS, BUILDINGS,
AND STRUCTURES
Sections
35.80.010
35.80.020
35.80.030
35.80.040
Declaration of purpose.
Definitions.
Permissible ordinances—Appeal.
Discrimination prohibited.
35.80.010 Declaration of purpose. It is hereby found
that there exist, in the various municipalities and counties of
the state, dwellings which are unfit for human habitation, and
buildings, structures, and premises or portions thereof which
are unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents,
or other calamities, inadequate ventilation and uncleanliness,
inadequate light or sanitary facilities, inadequate drainage,
overcrowding, or due to other conditions which are inimical
to the health and welfare of the residents of such municipalities and counties.
It is further found and declared that the powers conferred
by this chapter are for public uses and purposes for which
public money may be expended, and that the necessity of the
public interest for the enactment of this law is hereby
declared to be a matter of local legislative determination.
[1989 c 133 § 1; 1969 ex.s. c 127 § 1; 1967 c 111 § 1; 1965 c
7 § 35.80.010. Prior: 1959 c 82 § 1.]
35.80.010
35.80.020 Definitions. The following terms, however
used or referred to in this chapter, shall have the following
meanings, unless a different meaning is clearly indicated by
the context:
(1) "Board" shall mean the improvement board as provided for in RCW 35.80.030(1)(a);
(2) "Local governing body" shall mean the council,
board, commission, or other legislative body charged with
governing the municipality or county;
(3) "Municipality" shall mean any city, town or county in
the state;
(4) "Public officer" shall mean any officer who is in
charge of any department or branch of the government of the
municipality or county relating to health, fire, building regulation, or other activities concerning dwellings, buildings,
structures, or premises in the municipality or county. [1989 c
133 § 2; 1969 ex.s. c 127 § 2; 1967 c 111 § 2; 1965 c 7 §
35.80.020. Prior: 1959 c 82 § 2.]
35.80.020
35.80.030 Permissible ordinances—Appeal. (1)
Whenever the local governing body of a municipality finds
that one or more conditions of the character described in
RCW 35.80.010 exist within its territorial limits, that governing body may adopt ordinances relating to such dwellings,
buildings, structures, or premises. Such ordinances may provide for the following:
(a) That an "improvement board" or officer be designated or appointed to exercise the powers assigned to such
board or officer by the ordinance as specified in this section.
The board or officer may be an existing municipal board or
officer in the municipality, or may be a separate board or
officer appointed solely for the purpose of exercising the
powers assigned by the ordinance.
35.80.030
[Title 35 RCW—page 258]
If a board is created, the ordinance shall specify the
terms, method of appointment, and type of membership of
the board, which may be limited, if the local governing body
chooses, to public officers under this section.
(b) That if a board is created, a public officer, other than
a member of the improvement board, may be designated to
work with the board and carry out the duties and exercise the
powers assigned to the public officer by the ordinance.
(c) That if, after a preliminary investigation of any dwelling, building, structure, or premises, the board or officer finds
that it is unfit for human habitation or other use, he or she
shall cause to be served either personally or by certified mail,
with return receipt requested, upon all persons having any
interest therein, as shown upon the records of the auditor’s
office of the county in which such property is located, and
shall post in a conspicuous place on such property, a complaint stating in what respects such dwelling, building, structure, or premises is unfit for human habitation or other use. If
the whereabouts of any of such persons is unknown and the
same cannot be ascertained by the board or officer in the
exercise of reasonable diligence, and the board or officer
makes an affidavit to that effect, then the serving of such
complaint or order upon such persons may be made either by
personal service or by mailing a copy of the complaint and
order by certified mail, postage prepaid, return receipt
requested, to each such person at the address of the building
involved in the proceedings, and mailing a copy of the complaint and order by first-class mail to any address of each
such person in the records of the county assessor or the
county auditor for the county where the property is located.
Such complaint shall contain a notice that a hearing will be
held before the board or officer, at a place therein fixed, not
less than ten days nor more than thirty days after the serving
of the complaint; and that all parties in interest shall be given
the right to file an answer to the complaint, to appear in person, or otherwise, and to give testimony at the time and place
in the complaint. The rules of evidence prevailing in courts
of law or equity shall not be controlling in hearings before the
board or officer. A copy of such complaint shall also be filed
with the auditor of the county in which the dwelling, building, structure, or premises is located, and such filing of the
complaint or order shall have the same force and effect as
other lis pendens notices provided by law.
(d) That the board or officer may determine that a dwelling, building, structure, or premises is unfit for human habitation or other use if it finds that conditions exist in such
dwelling, building, structure, or premises which are dangerous or injurious to the health or safety of the occupants of
such dwelling, building, structure, or premises, the occupants
of neighboring dwellings, or other residents of such municipality. Such conditions may include the following, without
limitations: Defects therein increasing the hazards of fire or
accident; inadequate ventilation, light, or sanitary facilities,
dilapidation, disrepair, structural defects, uncleanliness,
overcrowding, or inadequate drainage. The ordinance shall
state reasonable and minimum standards covering such conditions, including those contained in ordinances adopted in
accordance with subsection (7)(a) of this section, to guide the
board or the public officer and the agents and employees of
either, in determining the fitness of a dwelling for human
habitation, or building, structure, or premises for other use.
(2008 Ed.)
Unfit Dwellings, Buildings, and Structures
(e) That the determination of whether a dwelling, building, structure, or premises should be repaired or demolished,
shall be based on specific stated standards on (i) the degree of
structural deterioration of the dwelling, building, structure, or
premises, or (ii) the relationship that the estimated cost of
repair bears to the value of the dwelling, building, structure,
or premises, with the method of determining this value to be
specified in the ordinance.
(f) That if, after the required hearing, the board or officer
determines that the dwelling is unfit for human habitation, or
building or structure or premises is unfit for other use, it shall
state in writing its findings of fact in support of such determination, and shall issue and cause to be served upon the owner
or party in interest thereof, as is provided in (c) of this subsection, and shall post in a conspicuous place on the property, an
order that (i) requires the owner or party in interest, within the
time specified in the order, to repair, alter, or improve such
dwelling, building, structure, or premises to render it fit for
human habitation, or for other use, or to vacate and close the
dwelling, building, structure, or premises, if such course of
action is deemed proper on the basis of the standards set forth
as required in (e) of this subsection; or (ii) requires the owner
or party in interest, within the time specified in the order, to
remove or demolish such dwelling, building, structure, or
premises, if this course of action is deemed proper on the
basis of those standards. If no appeal is filed, a copy of such
order shall be filed with the auditor of the county in which the
dwelling, building, structure, or premises is located.
(g) That the owner or any party in interest, within thirty
days from the date of service upon the owner and posting of
an order issued by the board under (c) of this subsection, may
file an appeal with the appeals commission.
The local governing body of the municipality shall designate or establish a municipal agency to serve as the appeals
commission. The local governing body shall also establish
rules of procedure adequate to assure a prompt and thorough
review of matters submitted to the appeals commission, and
such rules of procedure shall include the following, without
being limited thereto: (i) All matters submitted to the appeals
commission must be resolved by the commission within sixty
days from the date of filing therewith and (ii) a transcript of
the findings of fact of the appeals commission shall be made
available to the owner or other party in interest upon demand.
The findings and orders of the appeals commission shall
be reported in the same manner and shall bear the same legal
consequences as if issued by the board, and shall be subject to
review only in the manner and to the extent provided in subsection (2) of this section.
If the owner or party in interest, following exhaustion of
his or her rights to appeal, fails to comply with the final order
to repair, alter, improve, vacate, close, remove, or demolish
the dwelling, building, structure, or premises, the board or
officer may direct or cause such dwelling, building, structure,
or premises to be repaired, altered, improved, vacated, and
closed, removed, or demolished.
(h) That the amount of the cost of such repairs, alterations or improvements; or vacating and closing; or removal
or demolition by the board or officer, shall be assessed
against the real property upon which such cost was incurred
unless such amount is previously paid. For purposes of this
subsection, the cost of vacating and closing shall include (i)
(2008 Ed.)
35.80.030
the amount of relocation assistance payments that a property
owner has not repaid to a municipality or other local government entity that has advanced relocation assistance payments
to tenants under RCW 59.18.085 and (ii) all penalties and
interest that accrue as a result of the failure of the property
owner to timely repay the amount of these relocation assistance payments under RCW 59.18.085. Upon certification to
him or her by the treasurer of the municipality in cases arising
out of the city or town or by the county improvement board or
officer, in cases arising out of the county, of the assessment
amount being due and owing, the county treasurer shall enter
the amount of such assessment upon the tax rolls against the
property for the current year and the same shall become a part
of the general taxes for that year to be collected at the same
time and with interest at such rates and in such manner as provided for in RCW 84.56.020 for delinquent taxes, and when
collected to be deposited to the credit of the general fund of
the municipality. If the dwelling, building, structure, or premises is removed or demolished by the board or officer, the
board or officer shall, if possible, sell the materials of such
dwelling, building, structure, or premises in accordance with
procedures set forth in the ordinance, and shall credit the proceeds of such sale against the cost of the removal or demolition and if there be any balance remaining, it shall be paid to
the parties entitled thereto, as determined by the board or
officer, after deducting the costs incident thereto.
The assessment shall constitute a lien against the property which shall be of equal rank with state, county and
municipal taxes.
(2) Any person affected by an order issued by the
appeals commission pursuant to subsection (1)(g) of this section may, within thirty days after the posting and service of
the order, petition to the superior court for an injunction
restraining the public officer or members of the board from
carrying out the provisions of the order. In all such proceedings the court is authorized to affirm, reverse, or modify the
order and such trial shall be heard de novo.
(3) An ordinance adopted by the local governing body of
the municipality may authorize the board or officer to exercise such powers as may be necessary or convenient to carry
out and effectuate the purposes and provisions of this section.
These powers shall include the following in addition to others
granted in this section: (a)(i) To determine which dwellings
within the municipality are unfit for human habitation; (ii) to
determine which buildings, structures, or premises are unfit
for other use; (b) to administer oaths and affirmations, examine witnesses, and receive evidence; and (c) to investigate the
dwelling and other property conditions in the municipality or
county and to enter upon premises for the purpose of making
examinations when the board or officer has reasonable
ground for believing they are unfit for human habitation, or
for other use: PROVIDED, That such entries shall be made
in such manner as to cause the least possible inconvenience to
the persons in possession, and to obtain an order for this purpose after submitting evidence in support of an application
which is adequate to justify such an order from a court of
competent jurisdiction in the event entry is denied or resisted.
(4) The local governing body of any municipality adopting an ordinance pursuant to this chapter may appropriate the
necessary funds to administer such ordinance.
[Title 35 RCW—page 259]
35.80.040
Title 35 RCW: Cities and Towns
(5) This section does not abrogate or impair the powers
of the courts or of any department of any municipality to
enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof; and the
powers conferred by this section shall be in addition and supplemental to the powers conferred by any other law.
(6) This section does not impair or limit in any way the
power of the municipality to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or otherwise.
(7) Any municipality may by ordinance adopted by its
governing body (a) prescribe minimum standards for the use
and occupancy of dwellings throughout the municipality or
county, (b) prescribe minimum standards for the use or occupancy of any building, structure, or premises used for any
other purpose, (c) prevent the use or occupancy of any dwelling, building, structure, or premises, that is injurious to the
public health, safety, morals, or welfare, and (d) prescribe
punishment for the violation of any provision of such ordinance. [2005 c 364 § 3; 1989 c 133 § 3; 1984 c 213 § 1; 1973
1st ex.s. c 144 § 1; 1969 ex.s. c 127 § 3; 1967 c 111 § 3; 1965
c 7 § 35.80.030. Prior: 1959 c 82 § 3.]
Purpose—Construction—2005 c 364: See notes following RCW
59.18.085.
35.80.040 Discrimination prohibited. For all the purposes of this chapter and the ordinances adopted as provided
herein, no person shall, because of race, creed, color, or
national origin, be subjected to any discrimination. [1965 c 7
§ 35.80.040. Prior: 1959 c 82 § 4.]
35.80.040
Discrimination—Human rights commission: Chapter 49.60 RCW.
Chapter 35.80A RCW
CONDEMNATION OF BLIGHTED PROPERTY
Chapter 35.80A
Sections
35.80A.010
35.80A.020
35.80A.030
35.80A.040
Condemnation of blighted property.
Transfer of blighted property acquired by condemnation.
Disposition of blighted property—Procedures.
Authority to enter blighted buildings or property—Acceptance
of financial assistance.
35.80A.900 Severability—1989 c 271.
35.80A.010 Condemnation of blighted property.
Every county, city, and town may acquire by condemnation,
in accordance with the notice requirements and other procedures for condemnation provided in Title 8 RCW, any property, dwelling, building, or structure which constitutes a
blight on the surrounding neighborhood. A "blight on the surrounding neighborhood" is any property, dwelling, building,
or structure that meets any two of the following factors: (1)
If a dwelling, building, or structure exists on the property, the
dwelling, building, or structure has not been lawfully occupied for a period of one year or more; (2) the property, dwelling, building, or structure constitutes a threat to the public
health, safety, or welfare as determined by the executive
authority of the county, city, or town, or the designee of the
executive authority; or (3) the property, dwelling, building, or
structure is or has been associated with illegal drug activity
during the previous twelve months. Prior to such condemnation, the local governing body shall adopt a resolution declaring that the acquisition of the real property described therein
35.80A.010
[Title 35 RCW—page 260]
is necessary to eliminate neighborhood blight. Condemnation
of property, dwellings, buildings, and structures for the purposes described in this chapter is declared to be for a public
use. [1994 c 175 § 1; 1989 c 271 § 239.]
35.80A.020
35.80A.020 Transfer of blighted property acquired
by condemnation. Counties, cities, and towns may sell,
lease, or otherwise transfer real property acquired pursuant to
this chapter for residential, recreational, commercial, industrial, or other uses or for public use, subject to such covenants, conditions, and restrictions, including covenants running with the land, as the county, city, or town deems to be
necessary or desirable to rehabilitate and preserve the dwelling, building, or structure in a habitable condition. The purchasers or lessees and their successors and assigns shall be
obligated to comply with such other requirements as the
county, city, or town may determine to be in the public interest, including the obligation to begin, within a reasonable
time, any improvements on such property required to make
the dwelling, building, or structure habitable. Such real property or interest shall be sold, leased, or otherwise transferred,
at not less than its fair market value. In determining the fair
market value of real property for uses in accordance with this
section, a municipality shall take into account and give consideration to, the restrictions upon and the covenants, conditions, and obligations assumed by the purchaser or lessee.
[1989 c 271 § 240.]
35.80A.030
35.80A.030 Disposition of blighted property—Procedures. A county, city, or town may dispose of real property
acquired pursuant to this section to private persons only
under such reasonable, competitive procedures as it shall prescribe. The county, city, or town may accept such proposals
as it deems to be in the public interest and in furtherance of
the purposes of this chapter. Thereafter, the county, city, or
town may execute and deliver contracts, deeds, leases, and
other instruments of transfer. [1989 c 271 § 241.]
35.80A.040
35.80A.040 Authority to enter blighted buildings or
property—Acceptance of financial assistance. Every
county, city, or town may, in addition to any other authority
granted by this chapter: (1) Enter upon any building or property found to constitute a blight on the surrounding neighborhood in order to make surveys and appraisals, and to obtain
an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted; and (2) borrow
money, apply for, and accept, advances, loans, grants, contributions, and any other form of financial assistance from the
federal government, the state, a county, or other public body,
or from any sources, public or private, for the purposes of this
chapter, and enter into and carry out contracts in connection
herewith. [1989 c 271 § 242.]
35.80A.900
35.80A.900 Severability—1989 c 271.
lowing RCW 9.94A.510.
See note fol(2008 Ed.)
Community Renewal Law
Chapter 35.81
Chapter 35.81 RCW
COMMUNITY RENEWAL LAW
(Formerly: Urban renewal law)
Sections
35.81.005
35.81.015
35.81.030
35.81.040
35.81.050
35.81.060
35.81.070
35.81.080
35.81.090
35.81.095
35.81.100
35.81.110
35.81.115
35.81.120
35.81.130
35.81.140
35.81.150
35.81.160
35.81.170
35.81.180
35.81.190
35.81.200
35.81.910
Declaration of purpose and necessity.
Definitions.
Encouragement of private enterprise.
Formulation of workable program.
Findings by local governing body required—Exercise of community renewal agency powers.
Comprehensive plan—Preparation—Hearing—Approval—
Modification—Effect.
Powers of municipality.
Eminent domain.
Acquisition, disposal of real property in community renewal
area.
Selection of person to undertake redevelopment or rehabilitation of real property.
Bonds—Issuance—Form, terms, payment, etc.—Fund for
excess property tax, excise tax.
Bonds as legal investment, security.
General obligation bonds authorized.
Property of municipality exempt from process and taxes.
Powers of public bodies.
Conveyance to purchaser, etc., presumed to be in compliance
with chapter.
Exercise of community renewal project powers.
Exercise of community renewal project powers—Assignment
of powers—Community renewal agency.
Discrimination prohibited.
Restrictions against public officials or employees acquiring or
owning an interest in project, contract, etc.
Local improvement districts—Establishment—Special assessments—Bonds.
Local improvement districts—Content of notice.
Short title.
35.81.005 Declaration of purpose and necessity. It is
hereby found and declared that blighted areas which constitute a serious and growing menace, injurious to the public
health, safety, morals and welfare of the residents of the state
exist in municipalities of the state; that the existence of such
areas contributes substantially and increasingly to the spread
of disease and crime and depreciation of property values,
constitutes an economic and social liability, substantially
impairs or arrests the sound growth of municipalities, retards
the provision of housing accommodations, hinders job creation and economic growth, aggravates traffic problems and
substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and that the
prevention and elimination of such areas is a matter of state
policy and state concern in order that the state and its municipalities shall not continue to be endangered by areas which
are focal centers of disease, promote juvenile delinquency,
are conducive to fires, are difficult to police and to provide
police protection for, and, while contributing little to the tax
income of the state and its municipalities, consume an excessive proportion of its revenues because of the extra services
required for police, fire, accident, hospitalization and other
forms of public protection, services, and facilities.
It is further found and declared that certain of such areas,
or portions thereof, may require acquisition, clearance, and
disposition subject to use restrictions, as provided in this
chapter, since the prevailing condition of decay may make
impracticable the reclamation of the area by rehabilitation;
that other areas or portions thereof may, through the means
provided in this chapter, be susceptible of rehabilitation in
such a manner that the conditions and evils hereinbefore enumerated may be eliminated, remedied or prevented; and that
35.81.015
to the extent feasible salvable blighted areas should be rehabilitated through voluntary action and the regulatory process.
It is further found and declared that there is an urgent
need to enhance the ability of municipalities to act effectively
and expeditiously to revive blighted areas and to prevent further blight due to shocks to the economy of the state and their
actual and threatened effects on unemployment, poverty, and
the availability of private capital for businesses and projects
in the area.
It is further found and declared that the powers conferred
by this chapter are for public uses and purposes for which
public money may be expended and the power of eminent
domain exercised; and that the necessity in the public interest
for the provisions herein enacted is hereby declared as a matter of legislative determination. [2002 c 218 § 2; 1965 c 7 §
35.81.020. Prior: 1957 c 42 § 2. Formerly RCW 35.81.020.]
Severability—2002 c 218: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2002 c 218 § 28.]
Savings—Construction—2002 c 218: "(1) This act does not impair
any authority granted, any actions undertaken, or any liability or obligation
incurred under the sections amended in this act or under any rule, order, plan,
or project adopted under those sections, nor does it impair any proceedings
instituted under those sections.
(2) Any power granted in this act with respect to a community renewal
plan, and any process authorized for the exercise of the power, may be used
by any municipality in implementing any urban renewal plan or project
adopted under chapter 35.81 RCW, to the same extent as if the plan were
adopted as a community renewal plan.
(3) This act shall be liberally construed." [2002 c 218 § 29.]
35.81.005
(2008 Ed.)
35.81.015 Definitions. The following terms wherever
used or referred to in this chapter, shall have the following
meanings, unless a different meaning is clearly indicated by
the context:
(1) "Agency" or "community renewal agency" means a
public agency created under RCW 35.81.160 or otherwise
authorized to serve as a community renewal agency under
this chapter.
(2) "Blighted area" means an area which, by reason of
the substantial physical dilapidation, deterioration, defective
construction, material, and arrangement and/or age or obsolescence of buildings or improvements, whether residential
or nonresidential, inadequate provision for ventilation, light,
proper sanitary facilities, or open spaces as determined by
competent appraisers on the basis of an examination of the
building standards of the municipality; inappropriate uses of
land or buildings; existence of overcrowding of buildings or
structures; defective or inadequate street layout; faulty lot
layout in relation to size, adequacy, accessibility or usefulness; excessive land coverage; insanitary or unsafe conditions; deterioration of site; existence of hazardous soils, substances, or materials; diversity of ownership; tax or special
assessment delinquency exceeding the fair value of the land;
defective or unusual conditions of title; improper subdivision
or obsolete platting; existence of persistent and high levels of
unemployment or poverty within the area; or the existence of
conditions that endanger life or property by fire or other
causes, or any combination of such factors, is conducive to ill
health, transmission of disease, infant mortality, juvenile
delinquency or crime; substantially impairs or arrests the
sound growth of the municipality or its environs, or retards
35.81.015
[Title 35 RCW—page 261]
35.81.015
Title 35 RCW: Cities and Towns
the provision of housing accommodations; constitutes an
economic or social liability; and/or is detrimental, or constitutes a menace, to the public health, safety, welfare, or morals
in its present condition and use.
(3) "Bonds" means any bonds, notes, or debentures
(including refunding obligations) herein authorized to be
issued.
(4) "Clerk" means the clerk or other official of the
municipality who is the custodian of the official records of
such municipality.
(5) "Community renewal area" means a blighted area
which the local governing body designates as appropriate for
a community renewal project or projects.
(6) "Community renewal plan" means a plan, as it exists
from time to time, for a community renewal project or
projects, which plan (a) shall be consistent with the comprehensive plan or parts thereof for the municipality as a whole;
(b) shall be sufficiently complete to indicate such land acquisition, demolition, and removal of structures, redevelopment,
improvements, and rehabilitation as may be proposed to be
carried out in the community renewal area; zoning and planning changes, if any, which may include, among other things,
changes related to land uses, densities, and building requirements; and the plan’s relationship to definite local objectives
respecting appropriate land uses, improved traffic, public
transportation, public utilities, recreational and community
facilities, and other public improvements; (c) shall address
the need for replacement housing, within the municipality,
where existing housing is lost as a result of the community
renewal project undertaken by the municipality under this
chapter; and (d) may include a plan to address any persistent
high levels of unemployment or poverty in the community
renewal area.
(7) "Community renewal project" includes one or more
undertakings or activities of a municipality in a community
renewal area: (a) For the elimination and the prevention of
the development or spread of blight; (b) for encouraging economic growth through job creation or retention; (c) for redevelopment or rehabilitation in a community renewal area; or
(d) any combination or part thereof in accordance with a
community renewal plan.
(8) "Federal government" includes the United States of
America or any agency or instrumentality, corporate or otherwise, of the United States of America.
(9) "Local governing body" means the council or other
legislative body charged with governing the municipality.
(10) "Mayor" means the chief executive of a city or
town, or the elected executive, if any, of any county operating
under a charter, or the county legislative authority of any
other county.
(11) "Municipality" means any incorporated city or
town, or any county, in the state.
(12) "Obligee" includes any bondholder, agent, or trustees for any bondholders, any lessor demising to the municipality property used in connection with a community renewal
project, or any assignee or assignees of such lessor’s interest
or any part thereof, and the federal government when it is a
party to any contract with the municipality.
(13) "Person" means any individual, firm, partnership,
corporation, company, association, joint stock association, or
school district; and shall include any trustee, receiver,
[Title 35 RCW—page 262]
assignee, or other person acting in a similar representative
capacity.
(14) "Persons of low income" means an individual with
an annual income, at the time of hiring or at the time assistance is provided under this chapter, that does not exceed the
higher of either: (a) Eighty percent of the statewide median
family income, adjusted for family size; or (b) eighty percent
of the median family income for the county or standard metropolitan statistical area, adjusted for family size, where the
community renewal area is located.
(15) "Public body" means the state or any municipality,
board, commission, district, or any other subdivision or public body of the state or of a municipality.
(16) "Public officer" means any officer who is in charge
of any department or branch of the government of the municipality relating to health, fire, building regulations, or to other
activities concerning dwellings in the municipality.
(17) "Real property" includes all lands, including
improvements and fixtures thereon, and property of any
nature appurtenant thereto, or used in connection therewith,
and every estate, interest, right and use, legal or equitable,
therein, including terms for years and liens by way of judgment, mortgage or otherwise.
(18) "Redevelopment" includes (a) acquisition of a
blighted area or portion thereof; (b) demolition and removal
of buildings and improvements; (c) installation, construction
or reconstruction of streets, utilities, parks, playgrounds, and
other improvements necessary for carrying out in the area the
community renewal provisions of this chapter in accordance
with the community renewal plan; (d) making the land available for development or redevelopment by private enterprise
or public bodies (including sale, initial leasing, or retention
by the municipality itself) at its fair value for uses in accordance with the community renewal plan; and (e) making
loans or grants to a person or public body for the purpose of
creating or retaining jobs, a substantial portion of which, as
determined by the municipality, shall be for persons of low
income.
(19) "Rehabilitation" includes the restoration and
renewal of a blighted area or portion thereof, in accordance
with a community renewal plan, by (a) carrying out plans for
a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements; (b) acquisition of
real property and demolition or removal of buildings and
improvements thereon where necessary to eliminate
unhealthful, insanitary or unsafe conditions, lessen density,
reduce traffic hazards, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or prevent the spread of blight or deterioration, or to provide land
for needed public facilities; (c) installation, construction or
reconstruction of streets, utilities, parks, playgrounds, and
other improvements necessary for carrying out in the area the
community renewal provisions of this chapter; and (d) the
disposition of any property acquired in such community
renewal area for uses in accordance with such community
renewal plan. [2002 c 218 § 1; 1991 c 363 § 41; 1975 c 3 §
1; 1971 ex.s. c 177 § 6; 1965 c 7 § 35.81.010. Prior: 1957 c
42 § 1. Formerly RCW 35.81.010.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
(2008 Ed.)
Community Renewal Law
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
35.81.030 Encouragement of private enterprise. A
municipality, to the greatest extent it determines to be feasible in carrying out the provisions of this chapter, shall afford
maximum opportunity, consistent with the needs of the
municipality as a whole, to the rehabilitation or redevelopment of the community renewal area by private enterprise. A
municipality shall give consideration to this objective in
exercising its powers under this chapter, including the formulation of a workable program, the approval of community
renewal plans (consistent with the comprehensive plan or
parts thereof for the municipality), the exercise of its zoning
powers, the enforcement of other laws, codes and regulations
relating to the use of land and the use and occupancy of buildings and improvements, the disposition of any property
acquired, and the provision of necessary public improvements. [2002 c 218 § 3; 1965 c 7 § 35.81.030. Prior: 1957 c
42 § 3.]
35.81.030
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.81.040 Formulation of workable program. A
municipality for the purposes of this chapter may formulate a
workable program for using appropriate private and public
resources to eliminate, and prevent the development or
spread of, blighted areas, to encourage needed community
rehabilitation, to provide for the redevelopment of such areas,
or to undertake the activities, or other feasible municipal
activities as may be suitably employed to achieve the objectives of the workable program. The workable program may
include, without limitation, provision for: The prevention of
the spread of blight into areas of the municipality which are
free from blight through diligent enforcement of housing,
zoning, and occupancy controls and standards; the rehabilitation of blighted areas or portions thereof by replanning,
removing congestion, providing parks, playgrounds and
other public improvements, by encouraging voluntary rehabilitation and by compelling the repair and rehabilitation of
deteriorated or deteriorating structures; the replacement of
housing that is lost as a result of community renewal activities within a community renewal area; the clearance and redevelopment of blighted areas or portions thereof; and the
reduction of unemployment and poverty within the community renewal area by providing financial or technical assistance to a person or public body that is used to create or retain
jobs, a substantial portion of which, as determined by the
municipality, shall be for persons of low income. [2002 c
218 § 4; 1965 c 7 § 35.81.040. Prior: 1957 c 42 § 4.]
35.81.040
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.81.050 Findings by local governing body
required—Exercise of community renewal agency powers. (1) No municipality shall exercise any of the powers
hereafter conferred upon municipalities by this chapter until
after its local governing body shall have adopted an ordinance or resolution finding that: (a) One or more blighted
areas exist in such municipality; and (b) the rehabilitation,
redevelopment, or a combination thereof, of such area or
35.81.050
(2008 Ed.)
35.81.060
areas is necessary in the interest of the public health, safety,
morals, or welfare of the residents of such municipality.
(2) After adoption of the ordinance or resolution making
the findings described in subsection (1) of this section, the
local governing body of the municipality may elect to have
the powers of a community renewal agency under this chapter exercised in one of the following ways:
(a) By appointing a board or commission composed of
not less than five members, which board or commission shall
include municipal officials and elected officials, selected by
the mayor, with approval of the local governing body of the
municipality; or
(b) By the local governing body of the municipality
directly; or
(c) By the board of a public corporation, commission, or
authority under chapter 35.21 RCW, or a public facilities district created under chapter 35.57 or 36.100 RCW, or a public
port district created under chapter 53.04 RCW, or a housing
authority created under chapter 35.82 RCW, that is authorized to conduct activities as a community renewal agency
under this chapter. [2002 c 218 § 5; 1965 c 7 § 35.81.050.
Prior: 1957 c 42 § 5.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.81.060 Comprehensive plan—Preparation—
Hearing—Approval—Modification—Effect. (1) A
municipality shall not approve a community renewal project
for a community renewal area unless the local governing
body has, by ordinance or resolution, determined such an
area to be a blighted area and designated the area as appropriate for a community renewal project. The local governing
body shall not approve a community renewal plan until a
comprehensive plan or parts of the plan for an area which
would include a community renewal area for the municipality
have been prepared as provided in chapter 36.70A RCW. For
municipalities not subject to the planning requirements of
chapter 36.70A RCW, any proposed comprehensive plan
must be consistent with a local comprehensive plan adopted
under chapter 35.63 or 36.70 RCW, or any other applicable
law. A municipality shall not acquire real property for a community renewal project unless the local governing body has
approved the community renewal project plan in accordance
with subsection (4) of this section.
(2) The municipality may itself prepare or cause to be
prepared a community renewal plan, or any person or agency,
public or private, may submit such a plan to the municipality.
Prior to its approval of a community renewal project, the
local governing body shall review and determine the conformity of the community renewal plan with the comprehensive
plan or parts thereof for the development of the municipality
as a whole. If the community renewal plan is not consistent
with the existing comprehensive plan, the local governing
body may amend its comprehensive plan or community
renewal plan.
(3) Prior to adoption, the local governing body shall hold
a public hearing on a community renewal plan after providing public notice. The notice shall be given by publication
once each week for two consecutive weeks not less than ten
nor more than thirty days prior to the date of the hearing in a
newspaper having a general circulation in the community
35.81.060
[Title 35 RCW—page 263]
35.81.070
Title 35 RCW: Cities and Towns
renewal area of the municipality and by mailing a notice of
the hearing not less than ten days prior to the date of the hearing to the persons whose names appear on the county treasurer’s tax roll as the owner or reputed owner of the property,
at the address shown on the tax roll. The notice shall describe
the time, date, place, and purpose of the hearing, shall generally identify the community renewal area affected, and shall
outline the general scope of the community renewal plan
under consideration.
(4) Following the hearing, the local governing body may
approve a community renewal project if it finds that (a) a feasible plan exists for making available adequate housing for
the residents who may be displaced by the project; (b) the
community renewal plan conforms to the comprehensive
plan for the municipality; (c) the community renewal plan
will afford maximum opportunity, consistent with the needs
of the municipality, for the rehabilitation or redevelopment of
the community renewal area by private enterprise; (d) a
sound and adequate financial program exists for the financing
of the project; and (e) the community renewal project area is
a blighted area as defined in RCW 35.81.015(2).
(5) A community renewal project plan may be modified
at any time by the local governing body. However, if modified after the lease or sale by the municipality of real property
in the community renewal project area, the modification shall
be subject to the rights at law or in equity as a lessee or purchaser, or the successor or successors in interest may be entitled to assert.
(6) Unless otherwise expressly stated in an ordinance or
resolution of the governing body of the municipality, a community renewal plan shall not be considered a subarea plan or
part of a comprehensive plan for purposes of chapter 36.70A
RCW. However, a municipality that has adopted a comprehensive plan under chapter 36.70A RCW may adopt all or
part of a community renewal plan at any time as a new or
amended subarea plan, whether or not any subarea plan has
previously been adopted for all or part of the community
renewal area. Any community renewal plan so adopted,
unless otherwise determined by the growth management
hearings board with jurisdiction under a timely appeal in
RCW 36.70A.280, shall be conclusively presumed to comply
with the requirements in this chapter for consistency with the
comprehensive plan. [2002 c 218 § 6; 1965 c 7 § 35.81.060.
Prior: 1957 c 42 § 6.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.81.070 Powers of municipality. Every municipality
shall have all the powers necessary or convenient to carry out
and effectuate the purposes and provisions of this chapter,
including the following powers in addition to others granted
under this chapter:
(1) To undertake and carry out community renewal
projects within the municipality, to make and execute contracts and other instruments necessary or convenient to the
exercise of its powers under this chapter, and to disseminate
blight clearance and community renewal information.
(2) To provide or to arrange or contract for the furnishing
or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities or
other facilities for, or in connection with, a community
35.81.070
[Title 35 RCW—page 264]
renewal project; to install, construct, and reconstruct streets,
utilities, parks, playgrounds, and other public improvements;
and to agree to any conditions that it may deem reasonable
and appropriate attached to federal financial assistance and
imposed pursuant to federal law relating to the determination
of prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out of a community
renewal project, and to include in any contract let in connection with such a project, provisions to fulfill such of said conditions as it may deem reasonable and appropriate.
(3) To provide financial or technical assistance, using
available public or private funds, to a person or public body
for the purpose of creating or retaining jobs, a substantial portion of which, as determined by the municipality, shall be for
persons of low income.
(4) To make payments, loans, or grants to, provide assistance to, and contract with existing or new owners and tenants of property in the community renewal areas as compensation for any adverse impacts, such as relocation or interruption of business, that may be caused by the implementation of
a community renewal project, and/or consideration for commitments to develop, expand, or retain land uses that contribute to the success of the project or plan, including without
limitation businesses that will create or retain jobs, a substantial portion of which, as determined by the municipality, shall
be for persons of low income.
(5) To contract with a person or public body to provide
financial assistance, authorized under this section, to property
owners and tenants impacted by the implementation of the
community renewal plan and to provide incentives to property owners and tenants to encourage them to locate in the
community renewal area after adoption of the community
renewal plan.
(6) Within the municipality, to enter upon any building
or property in any community renewal area, in order to make
surveys and appraisals, provided that such entries shall be
made in such a manner as to cause the least possible inconvenience to the persons in possession, and to obtain an order for
this purpose from a court of competent jurisdiction in the
event entry is denied or resisted; to acquire by purchase,
lease, option, gift, grant, bequest, devise, eminent domain, or
otherwise, any real property and such personal property as
may be necessary for the administration of the provisions
herein contained, together with any improvements thereon; to
hold, improve, clear, or prepare for redevelopment any such
property; to dispose of any real property; to insure or provide
for the insurance of any real or personal property or operations of the municipality against any risks or hazards, including the power to pay premiums on any such insurance: PROVIDED, That no statutory provision with respect to the
acquisition, clearance, or disposition of property by public
bodies shall restrict a municipality in the exercise of such
functions with respect to a community renewal project.
(7) To invest any community renewal project funds held
in reserves or sinking funds or any such funds which are not
required for immediate disbursement, in property or securities in which mutual savings banks may legally invest funds
subject to their control; to redeem such bonds as have been
issued pursuant to RCW 35.81.100 at the redemption price
established therein or to purchase such bonds at less than
(2008 Ed.)
Community Renewal Law
redemption price, all such bonds so redeemed or purchased to
be canceled.
(8) To borrow money and to apply for, and accept,
advances, loans, grants, contributions and any other form of
financial assistance from the federal government, the state,
county, or other public body, or from any sources, public or
private, for the purposes of this chapter, and to enter into and
carry out contracts in connection therewith. A municipality
may include in any application or contract for financial assistance with the federal government for a community renewal
project such conditions imposed pursuant to federal laws as
the municipality may deem reasonable and appropriate and
which are not inconsistent with the purposes of this chapter.
(9) Within the municipality, to make or have made all
plans necessary to the carrying out of the purposes of this
chapter and to contract with any person, public or private, in
making and carrying out such plans and to adopt or approve,
modify, and amend such plans. Such plans may include,
without limitation: (a) A comprehensive plan or parts thereof
for the locality as a whole, (b) community renewal plans, (c)
plans for carrying out a program of voluntary or compulsory
repair and rehabilitation of buildings and improvements, (d)
plans for the enforcement of state and local laws, codes, and
regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory
repair, rehabilitation, demolition, or removal of buildings and
improvements, (e) appraisals, title searches, surveys, studies,
and other preliminary plans and work necessary to prepare
for the undertaking of community renewal projects, and (f)
plans to provide financial or technical assistance to a person
or public body for the purpose of creating or retaining jobs, a
substantial portion of which, as determined by the municipality, shall be for persons of low income. The municipality is
authorized to develop, test, and report methods and techniques, and carry out demonstrations and other activities, for
the prevention and the elimination of blight, for job creation
or retention activities, and to apply for, accept, and utilize
grants of, funds from the federal government for such purposes.
(10) To prepare plans for the relocation of families displaced from a community renewal area, and to coordinate
public and private agencies in such relocation, including
requesting such assistance for this purpose as is available
from other private and governmental agencies, both for the
municipality and other parties.
(11) To appropriate such funds and make such expenditures as may be necessary to carry out the purposes of this
chapter, and in accordance with state law: (a) Levy taxes and
assessments for such purposes; (b) acquire land either by
negotiation or eminent domain, or both; (c) close, vacate,
plan, or replan streets, roads, sidewalks, ways, or other
places; (d) plan or replan, zone or rezone any part of the
municipality; (e) adopt annual budgets for the operation of a
community renewal agency, department, or offices vested
with community renewal project powers under RCW
35.81.150; and (f) enter into agreements with such agencies
or departments (which agreements may extend over any
period) respecting action to be taken by such municipality
pursuant to any of the powers granted by this chapter.
(12) Within the municipality, to organize, coordinate,
and direct the administration of the provisions of this chapter
(2008 Ed.)
35.81.090
as they apply to such municipality in order that the objective
of remedying blighted areas and preventing the causes
thereof within such municipality may be most effectively
promoted and achieved, and to establish such new office or
offices of the municipality or to reorganize existing offices in
order to carry out such purpose most effectively.
(13) To contract with a person or public body to assist in
carrying out the purposes of this chapter.
(14) To exercise all or any part or combination of powers
herein granted. [2002 c 218 § 7; 1965 c 7 § 35.81.070. Prior:
1957 c 42 § 7.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.81.080 Eminent domain. A municipality shall have
the right to acquire by condemnation, in accordance with the
procedure provided for condemnation by such municipality
for other purposes, any interest in real property, which it may
deem necessary for a community renewal project under this
chapter after the adoption by the local governing body of a
resolution declaring that the acquisition of the real property
described therein is necessary for such purpose. Condemnation for community renewal of blighted areas is declared to
be a public use, and property already devoted to any other
public use or acquired by the owner or a predecessor in interest by eminent domain may be condemned for the purposes
of this chapter.
The award of compensation for real property taken for
such a project shall not be increased by reason of any increase
in the value of the real property caused by the assembly,
clearance, or reconstruction, or proposed assembly, clearance, or reconstruction in the project area. No allowance shall
be made for the improvements begun on real property after
notice to the owner of such property of the institution of proceedings to condemn such property. Evidence shall be admissible bearing upon the insanitary, unsafe, or substandard condition of the premises, or the unlawful use thereof. [2002 c
218 § 8; 1965 c 7 § 35.81.080. Prior: 1957 c 42 § 8.]
35.81.080
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
Eminent domain by cities: Chapter 8.12 RCW.
35.81.090 Acquisition, disposal of real property in
community renewal area. (1) A municipality, with
approval of its legislative authority, may acquire real property, or any interest therein, for the purposes of a community
renewal project (a) prior to the selection of one or more persons interested in undertaking to redevelop or rehabilitate the
real property, or (b) after the selection of one or more persons
interested in undertaking to redevelop or rehabilitate such
real property. In either case the municipality may select a
redeveloper through a competitive bidding process consistent
with this section or through a process consistent with RCW
35.81.095.
(2) A municipality, with approval of its legislative
authority, may sell, lease, or otherwise transfer real property
or any interest therein acquired by it for a community renewal
project, in a community renewal area for residential, recreational, commercial, industrial, or other uses or for public
use, and may enter into contracts with respect thereto, or may
retain such a property or interest only for parks and recre35.81.090
[Title 35 RCW—page 265]
35.81.090
Title 35 RCW: Cities and Towns
ation, education, public utilities, public transportation, public
safety, health, highways, streets, and alleys, administrative
buildings, or civic centers, in accordance with the community
renewal project plan, subject to such covenants, conditions,
and restrictions, including covenants running with the land,
as it may deem to be necessary or desirable to assist in preventing the development or spread of blighted areas or otherwise to carry out the purposes of this chapter. However, such
a sale, lease, other transfer, or retention, and any agreement
relating thereto, may be made only after the approval of the
community renewal plan by the local governing body. The
purchasers or lessees and their successors and assigns shall
be obligated to devote the real property only to the uses specified in the community renewal plan, and may be obligated to
comply with any other requirements as the municipality may
determine to be in the public interest, including the obligation
to begin and complete, within a reasonable time, any
improvements on the real property required by the community renewal plan or promised by the transferee. The real
property or interest shall be sold, leased, or otherwise transferred for the consideration the municipality determines adequate. In determining the adequacy of consideration, a
municipality may take into account the uses permitted under
the community renewal plan; the restrictions upon, and the
covenants, conditions, and obligations assumed by, the transferee; and the public benefits to be realized, including furthering of the objectives of the plan for the prevention of the
recurrence of blighted areas.
(3) The municipality in any instrument of conveyance to
a private purchaser or lessee may provide that the purchaser
or lessee shall be without power to sell, lease, or otherwise
transfer the real property, or to permit changes in ownership
or control of a purchaser or lessee that is not a natural person,
in each case without the prior written consent of the municipality until the purchaser or lessee has completed the construction of all improvements that it has obligated itself to
construct thereon. The municipality may also retain the right,
upon any earlier transfer or change in ownership or control
without consent; or any failure or change in ownership or
control without consent; or any failure to complete the
improvements within the time agreed to terminate the transferee’s interest in the property; or to retain or collect on any
deposit or instrument provided as security, or both. The
enforcement of these restrictions and remedies is declared to
be consistent with the public policy of this state. Real property acquired by a municipality that, in accordance with the
provisions of the community renewal plan, is to be transferred, shall be transferred as rapidly as feasible, in the public
interest, consistent with the carrying out of the provisions of
the community renewal plan. The inclusion in any contract or
conveyance to a purchaser or lessee of any covenants, restrictions, or conditions (including the incorporation by reference
therein of the provisions of a community renewal plan or any
part thereof) shall not prevent the recording of such a contract
or conveyance in the land records of the auditor or the county
in which the city or town is located, in a manner that affords
actual or constructive notice thereof.
(4)(a)(i) A municipality may dispose of real property in
a community renewal area, acquired by the municipality
under this chapter, to any private persons only under those
reasonable competitive bidding procedures as it shall pre[Title 35 RCW—page 266]
scribe, or by competitive bidding as provided in this subsection, through direct negotiation where authorized under (c) of
this subsection, or by a process authorized in RCW
35.81.095.
(ii) A competitive bidding process may occur (A) prior
to the purchase of the real property by the municipality, or
(B) after the purchase of the real property by the municipality.
(b)(i) A municipality may, by public notice by publication once each week for three consecutive weeks in a newspaper having a general circulation in the community, prior to
the execution of any contract or deed to sell, lease, or otherwise transfer real property and prior to the delivery of any
instrument of conveyance with respect thereto under the provisions of this section, invite bids from, and make available
all pertinent information to, private redevelopers or any persons interested in undertaking to redevelop or rehabilitate a
community renewal area, or any part thereof. This notice
shall identify the area, or portion thereof, and shall state that
further information as is available may be obtained at the
office as shall be designated in the notice.
(ii) The municipality shall consider all responsive redevelopment or rehabilitation bids and the financial and legal
ability of the persons making the bids to carry them out. The
municipality may accept the bids as it deems to be in the public interest and in furtherance of the purposes of this chapter.
Thereafter, the municipality may execute, in accordance with
the provisions of subsection (2) of this section, and deliver
contracts, deeds, leases, and other instruments of transfer.
(c) If the legislative authority of the municipality determines that the sale of real property to a specific person is necessary to the success of a neighborhood revitalization or community renewal project for which the municipality is providing assistance to a nonprofit organization from federal
community development block grant funds under 42 U.S.C.
Sec. 5305(a)(15), or successor provision, under a plan or
grant application approved by the United States department
of housing and urban development, or successor agency, then
the municipality may sell or lease that property to that person
through direct negotiation, for consideration determined by
the municipality to be adequate consistent with subsection (2)
of this section. This direct negotiation may occur, and the
municipality may enter into an agreement for sale or lease,
either before or after the acquisition of the property by the
municipality. Unless the municipality has provided notice to
the public of the intent to sell or lease the property by direct
negotiation, as part of a citizen participation process adopted
under federal regulations for the plan or grant application
under which the federal community development block grant
funds have been awarded, the municipality shall publish
notice of the sale at least fifteen days prior to the conveyance
of the property.
(5) A municipality may operate and maintain real property acquired in a community renewal area for a period of
three years pending the disposition of the property for redevelopment, without regard to the provisions of subsection (2)
of this section, for such uses and purposes as may be deemed
desirable even though not in conformity with the community
renewal plan. However, the municipality may, after a public
hearing, extend the time for a period not to exceed three
years.
(2008 Ed.)
Community Renewal Law
(6) Any covenants, restrictions, promises, undertakings,
releases, or waivers in favor of a municipality contained in
any deed or other instrument accepted by any transferee of
property from the municipality or community renewal
agency under this chapter, or contained in any document executed by any owner of property in a community renewal area,
shall run with the land to the extent provided in the deed,
instrument, or other document, so as to bind, and be enforceable by the municipality against, the person accepting or
making the deed, instrument, or other document and that person’s heirs, successors in interest, or assigns having actual or
constructive notice thereof. [2002 c 218 § 9; 1965 c 7 §
35.81.090. Prior: 1957 c 42 § 9.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.81.095 Selection of person to undertake redevelopment or rehabilitation of real property. (1) The process
authorized under this section may occur (a) prior to the purchase of the real property by the municipality, or (b) after the
purchase of the real property by the municipality.
(2) A municipality may, by public notice once each week
for three consecutive weeks in a legal newspaper in the
municipality, or prior to the execution of any contract or deed
to sell, lease, or otherwise transfer real property and prior to
the delivery of any instrument of conveyance with respect
thereto under the provisions of this section, invite statements
of interest and qualifications and, at the municipality’s
option, proposals from any persons interested in undertaking
to redevelop or rehabilitate the real property.
(3) The notice required under this section shall identify
the area, or portion thereof, the process the municipality will
use to evaluate qualifications and, if applicable, proposals
submitted by redevelopers or any persons, and other information relevant to the community renewal project. The notice
shall also state that further information, as is available, may
be obtained at the offices designated in the notice.
(4)(a) Based on its evaluation of qualifications and, if
applicable, proposals, the municipality may select a proposer
with whom to negotiate or may select two or more finalists to
submit proposals, or to submit more detailed or revised proposals. The municipality may, in its sole discretion, reject all
responses or proposals, amend any solicitation to allow modification or supplementation of qualifications or proposals, or
waive irregularities in the content or timing of any qualifications or proposals.
(b) The municipality may initiate negotiations with the
person selected on the basis of qualifications or proposals. If
the municipality does not enter into a contract with that person, it may (i) enter into negotiations with the person that
submitted the next highest ranked qualifications or proposal,
(ii) solicit additional proposals using a process permitted by
RCW 35.81.090, or (iii) otherwise dispose of or retain the
real property consistent with the provisions of this chapter. A
municipality shall not be required to select or enter into a
contract with any proposer or to compensate any proposer for
the cost of preparing a proposal or negotiating with the
municipality.
(c) A municipality, with approval of its legislative
authority, may select and enter into a contract with more than
35.81.095
(2008 Ed.)
35.81.100
one proposer to carry out different aspects or parts of a community renewal plan. [2002 c 218 § 10.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.81.100 Bonds—Issuance—Form, terms, payment,
etc.—Fund for excess property tax, excise tax. (1) A
municipality shall have the power to issue bonds from time to
time in its discretion to finance the undertaking of any community renewal project under this chapter, including, without
limiting the generality of this power, the payment of principal
and interest upon any advances for surveys and plans for
community renewal projects, and shall also have power to
issue refunding bonds for the payment or retirement of such
bonds previously issued by it. Such bonds shall not pledge
the general credit of the municipality and shall be made payable, as to both principal and interest, solely from the income,
proceeds, revenues, and funds of the municipality derived
from, or held in connection with, its undertaking and carrying
out of community renewal projects under this chapter. However, the payment of such bonds, both as to principal and
interest, may be further secured by a pledge of any loan,
grant, or contribution from the municipality, the federal government, or from other sources, in aid of any community
renewal projects of the municipality under this chapter.
(2) Bonds issued under this section shall not constitute
an indebtedness within the meaning of any constitutional or
statutory debt limitation or restriction, and shall not be subject to the provisions of any other law or charter relating to
the authorization, issuance, or sale of bonds. Bonds issued
under the provisions of this chapter are declared to be issued
for an essential public and governmental purpose, and
together with interest thereon and income therefrom, shall be
exempted from all taxes.
(3) Bonds issued under this section shall be authorized
by resolution or ordinance of the local governing body and
may be issued in one or more series and shall bear such date
or dates, be payable upon demand or mature at such time or
times, bear interest at such rate or rates, be in such denomination or denominations, be in such form either coupon or registered as provided in RCW 39.46.030, carry such conversion
or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of
redemption (with or without premium), be secured in such
manner, and have such other characteristics, as may be provided by such resolution or trust indenture or mortgage
issued pursuant thereto.
(4) Such bonds may be sold at not less than ninety-eight
percent of par at public or private sale, or may be exchanged
for other bonds on the basis of par: PROVIDED, That such
bonds may be sold to the federal government at private sale at
not less than par and, in the event less than all of the authorized principal amount of such bonds is sold to the federal
government, the balance may be sold at public or private sale
at not less than ninety-eight percent of par at an interest cost
to the municipality of not to exceed the interest cost to the
municipality of the portion of the bonds sold to the federal
government.
(5)(a) The municipality may annually pay into a fund to
be established for the benefit of such bonds any and all excess
35.81.100
[Title 35 RCW—page 267]
35.81.110
Title 35 RCW: Cities and Towns
of the taxes received by it from the same property over and
above the average of the annual taxes authorized without vote
for a five-year period immediately preceding the acquisition
of the property by the municipality for renewal purposes,
such payment to continue until such time as all bonds payable
from the fund are paid in full. Any other taxing unit that
receives property tax revenues from property in the community renewal area is authorized to allocate excess taxes, computed in the same manner, to the municipality or municipalities in which it is situated.
(b) In addition to the excess property tax revenues from
property in the community renewal area, authorized in this
subsection, the municipality may annually pay into the fund,
established in this subsection, any and all excess of the excise
tax received by it from business activity in the community
renewal area over and above the average of the annual excise
tax collected for a five-year period immediately preceding
the establishment of a community renewal area. The payment
may continue until all the bonds payable from the fund are
paid in full. Any other taxing unit that receives excise tax
from business activity in the community renewal area is
authorized to allocate excess excise tax, computed in the
same manner, to the municipality or municipalities in which
it is situated. As used in this subsection, "excise tax" means a
local retail sales and use tax authorized in chapter 82.14
RCW. The legislature declares that it is a proper purpose of a
municipality to allocate an excise tax for purposes of a community renewal project under this chapter.
(6) In case any of the public officials of the municipality
whose signatures appear on any bonds or any coupons issued
under this chapter shall cease to be such officials before the
delivery of such bonds, such signatures shall, nevertheless, be
valid and sufficient for all purposes, the same as if such officials had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds,
issued pursuant to this chapter shall be fully negotiable.
(7) In any suit, action, or proceeding involving the validity or enforceability of any bond issued under this chapter or
the security therefor, any such bond reciting in substance that
it has been issued by the municipality in connection with a
community renewal project, as herein defined, shall be conclusively deemed to have been issued for such purpose and
such project shall be conclusively deemed to have been
planned, located, and carried out in accordance with the provisions of this chapter.
(8) Notwithstanding subsections (1) through (7) of this
section, such bonds may be issued and sold in accordance
with chapter 39.46 RCW. [2002 c 218 § 11; 1983 c 167 § 64;
1970 ex.s. c 56 § 44; 1969 ex.s. c 232 § 21; 1965 c 7 §
35.81.100. Prior: 1957 c 42 § 10.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
35.81.110 Bonds as legal investment, security. All
banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan asso35.81.110
[Title 35 RCW—page 268]
ciations, investment companies, and other persons carrying
on a banking or investment business, all insurance companies, insurance associations, and other persons carrying on an
insurance business and all executors, administrators, curators, trustees, and other fiduciaries, may legally invest any
sinking funds, moneys, or other funds belonging to them or
within their control in any bonds or other obligations issued
by a municipality under this chapter. Such bonds and other
obligations shall be authorized security for all public deposits. It is the purpose of this section to authorize any persons,
political subdivisions, and officers, public or private, to use
any funds owned or controlled by them for the purchase of
any such bonds or other obligations. Nothing contained in
this section with regard to legal investments shall be construed as relieving any person of any duty of exercising reasonable care in selecting securities. [2002 c 218 § 12; 1965 c
7 § 35.81.110. Prior: 1957 c 42 § 11.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.81.115 General obligation bonds authorized. For
the purposes of this chapter a municipality may (in addition
to any authority to issue bonds pursuant to RCW 35.81.100)
issue and sell its general obligation bonds. Any bonds issued
by a municipality pursuant to this section shall be issued in
the manner and within the limitations prescribed by the laws
of this state for the issuance and authorization of bonds by
such municipality for public purposes generally. [1965 c 7 §
35.81.115. Prior: 1959 c 79 § 1.]
35.81.115
35.81.120 Property of municipality exempt from process and taxes. (1) All property of a municipality, including
funds, owned or held by it for the purposes of this chapter,
shall be exempt from levy and sale by virtue of an execution,
and no execution or other judicial process shall issue against
the same nor shall judgment against a municipality be a
charge or lien upon such property: PROVIDED, That the
provisions of this section shall not apply to, or limit the right
of, obligees to pursue any remedies for the enforcement of
any pledge or lien given pursuant to this chapter by a municipality on its rents, fees, grants, or revenues from community
renewal projects.
(2) The property of a municipality, acquired or held for
the purposes of this chapter, is declared to be public property
used for essential public and governmental purposes and such
property shall be exempt from all taxes of the municipality,
the county, the state, or any political subdivision thereof:
PROVIDED, That such tax exemption shall terminate when
the municipality sells, leases, or otherwise disposes of such
property in a community renewal area to a purchaser or lessee
that is not a public body or other organization normally entitled to tax exemption with respect to such property. [2002 c
218 § 15; 1965 c 7 § 35.81.120. Prior: 1957 c 42 § 12.]
35.81.120
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.81.130 Powers of public bodies. For the purpose of
aiding in the planning, undertaking, or carrying out of a community renewal project located within the area in which it is
authorized to act, any public body authorized by law or by
this chapter, may, upon such terms, with or without consider35.81.130
(2008 Ed.)
Community Renewal Law
ation, as it may determine: (1) Dedicate, sell, convey, or
lease any of its interest in any property, or grant easements,
licenses, or other rights or privileges therein to a municipality
or other public body; (2) incur the entire expense of any public improvements made by a public body, in exercising the
powers granted in this section; (3) do any and all things necessary to aid or cooperate in the planning or carrying out of a
community renewal plan; (4) lend, grant, or contribute funds,
including without limitation any funds derived from bonds
issued or other borrowings authorized in this chapter, to a
municipality or other public body and, subject only to any
applicable constitutional limits, to any other person; (5) enter
into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary) with a
municipality or other public body respecting action to be
taken pursuant to any of the powers granted by this chapter,
including the furnishing of funds or other assistance in connection with a community renewal project; (6) cause public
building and public facilities, including parks, playgrounds,
recreational, community, educational, water, sewer, or drainage facilities, or any other works that it is otherwise empowered to undertake to be furnished; furnish, dedicate, close,
vacate, pave, install, grade, regrade, plan, or replan streets,
roads, sidewalks, ways, or other places; (7) abate environmental problems; (8) plan or replan, zone or rezone any part
of the community renewal area; and (9) provide such administrative and other services as may be deemed requisite to the
efficient exercise of the powers herein granted. [2002 c 218
§ 16; 1965 c 7 § 35.81.130. Prior: 1957 c 42 § 13.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
Demonstration Cities and Metropolitan Development Act—Authority to contract with federal government: RCW 35.21.660.
35.81.140 Conveyance to purchaser, etc., presumed
to be in compliance with chapter. Any instrument executed
by a municipality and purporting to convey any right, title, or
interest in any property under this chapter shall be conclusively presumed to have been executed in compliance with
the provisions of this chapter insofar as title or other interest
of any bona fide purchasers, lessees, or transferees of such
property is concerned. [1965 c 7 § 35.81.140. Prior: 1957 c
42 § 14.]
35.81.140
35.81.150 Exercise of community renewal project
powers. (1) A municipality may itself exercise its community renewal project powers or may, if the local governing
body by ordinance or resolution determines such action to be
in the public interest, elect to have such powers exercised by
the community renewal agency or a department or other
officers of the municipality or by any other public body.
(2) In the event the local governing body determines to
have the powers exercised by the community renewal
agency, such body may authorize the community renewal
agency or department or other officers of the municipality to
exercise any of the following community renewal project
powers:
(a) To formulate and coordinate a workable program as
specified in RCW 35.81.040.
(b) To prepare community renewal plans.
35.81.150
(2008 Ed.)
35.81.150
(c) To prepare recommended modifications to a community renewal project plan.
(d) To undertake and carry out community renewal
projects as required by the local governing body.
(e) To acquire, own, lease, encumber, and sell real or
personal property. The agency may not acquire real or personal property using the eminent domain process, unless
authorized independently of this chapter.
(f) To create local improvement districts under RCW
35.81.190 and 35.81.200.
(g) To issue bonds from time to time in its discretion to
finance the undertaking of any community renewal project
under this chapter. The bonds issued under this section must
meet the requirements of RCW 35.81.100.
(h) To make and execute contracts as specified in RCW
35.81.070, with the exception of contracts for the purchase or
sale of real or personal property.
(i) To disseminate blight clearance and community
renewal information.
(j) To exercise the powers prescribed by RCW
35.81.070(2), except the power to agree to conditions for federal financial assistance and imposed pursuant to federal law
relating to salaries and wages, shall be reserved to the local
governing body.
(k) To enter any building or property, in any community
renewal area, in order to make surveys and appraisals in the
manner specified in RCW 35.81.070(6).
(l) To improve, clear, or prepare for redevelopment any
real or personal property in a community renewal area.
(m) To insure real or personal property as provided in
RCW 35.81.070(6).
(n) To effectuate the plans provided for in RCW
35.81.070(9).
(o) To prepare plans for the relocation of families displaced from a community renewal area and to coordinate
public and private agencies in such relocation.
(p) To prepare plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and
improvements.
(q) To conduct appraisals, title searches, surveys, studies, and other preliminary plans and work necessary to prepare for the undertaking of community renewal projects.
(r) To negotiate for the acquisition of land.
(s) To study the closing, vacating, planning, or replanning of streets, roads, sidewalks, ways, or other places and to
make recommendations with respect thereto.
(t) To provide financial and technical assistance to a person or public body, for the purpose of creating or retaining
jobs, a substantial portion of which, as determined by the
municipality, shall be for persons of low income.
(u) To make payments, grants, and other assistance to, or
contract with, existing or new owners and tenants of property
in the community renewal area, under RCW 35.81.070.
(v) To organize, coordinate, and direct the administration of the provisions of this chapter.
(w) To perform such duties as the local governing body
may direct so as to make the necessary arrangements for the
exercise of the powers and the performance of the duties and
responsibilities entrusted to the local governing body.
Any powers granted in this chapter that are not included
in this subsection (2) as powers of the community renewal
[Title 35 RCW—page 269]
35.81.160
Title 35 RCW: Cities and Towns
agency or a department or other officers of a municipality in
lieu thereof may only be exercised by the local governing
body or other officers, boards, and commissions as provided
by law. [2002 c 218 § 17; 1965 c 7 § 35.81.150. Prior: 1957
c 42 § 15.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.81.160 Exercise of community renewal project
powers—Assignment of powers—Community renewal
agency. (1) When a municipality has made the finding prescribed in RCW 35.81.050 and has elected to have the community renewal project powers, as specified in RCW
35.81.150, exercised, such community renewal project powers may be assigned to a department or other officers of the
municipality or to any existing public body corporate, or the
legislative body of a municipality may create a community
renewal agency in such municipality to be known as a public
body corporate to which such powers may be assigned.
(2) If the community renewal agency is authorized to
transact business and exercise powers under this chapter, the
mayor, by and with the advice and consent of the local governing body, shall appoint a board of commissioners of the
community renewal agency which shall consist of five commissioners. The initial membership shall consist of one commissioner appointed for one year, one for two years, one for
three years, and two for four years; and each appointment
thereafter shall be for four years, except that in the case of
death, incapacity, removal, or resignation of a commissioner,
the replacement may be appointed to serve the remainder of
the commissioner’s term.
(3) A commissioner shall receive no compensation for
services but shall be entitled to the necessary expenses,
including traveling expenses, incurred in the discharge of his
or her duties. Each commissioner shall hold office until a successor has been appointed and has qualified. A certificate of
the appointment or reappointment of any commissioner shall
be filed with the clerk of the municipality and such certificate
shall be conclusive evidence of the due and proper appointment of such commissioner.
The powers and responsibilities of a community renewal
agency shall be exercised by the commissioners thereof. A
majority of the commissioners shall constitute a quorum for
the purpose of conducting business and exercising the powers
and responsibilities of the agency and for all other purposes.
Action may be taken by the agency upon a vote of a majority
of the commissioners present, unless in any case the bylaws
shall require a larger number. Any persons may be appointed
as commissioners if they reside within the municipality.
The community renewal agency or department or officers exercising community renewal project powers shall be
staffed with the necessary technical experts and such other
agents and employees, permanent and temporary, as it may
require. An agency authorized to transact business and exercise powers under this chapter shall file, with the local governing body, on or before March 31st of each year, a report of
its activities for the preceding calendar year, which report
shall include a complete financial statement setting forth its
assets, liabilities, income, and operating expense as of the end
of such calendar year. At the time of filing the report, the
agency shall publish in a legal newspaper in the community a
35.81.160
[Title 35 RCW—page 270]
notice to the effect that such report has been filed with the
municipality and that the report is available for inspection
during business hours in the office of the clerk of the municipality and in the office of the agency.
(4) For inefficiency, neglect of duty, or misconduct in
office, a commissioner may be removed by the legislative
body of the municipality. [2002 c 218 § 18; 1965 c 7 §
35.81.160. Prior: 1957 c 42 § 16.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.81.170 Discrimination prohibited. For all of the
purposes of this chapter, no person shall, because of race,
creed, color, sex, or national origin, be subjected to any discrimination. [2002 c 218 § 19; 1965 c 7 § 35.81.170. Prior:
1957 c 42 § 17.]
35.81.170
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
Discrimination—Human rights commission: Chapter 49.60 RCW.
35.81.180 Restrictions against public officials or
employees acquiring or owning an interest in project,
contract, etc. No official or department or division head of a
municipality or community renewal agency or department or
officers with responsibility for making or supervising any
decisions in the exercise of community renewal project powers and responsibilities under RCW 35.81.150 shall voluntarily acquire any interest, direct or indirect, in any community
renewal project, or in any property included or planned to be
included in any community renewal project of such municipality, or in any contract or proposed contract in connection
with such community renewal project. Whether or not such
an acquisition is voluntary, the person acquiring it shall
immediately disclose the interest acquired in writing to the
local governing body and such disclosure shall be entered
upon the minutes of the governing body. If any such official
or department or division head owns or controls, or owned or
controlled within two years prior to the date of the first public
hearing on the community renewal project, any interest,
direct or indirect, in any property that he or she knows is
included in a community renewal project, he or she shall
immediately disclose this fact in writing to the local governing body, and such disclosure shall be entered upon the minutes of the governing body, and any such official or department or division head shall not participate in any action on
that particular project by the municipality or community
renewal agency. Any willful violation of the provisions of
this section shall constitute misconduct in office. [2002 c 218
§ 20; 1965 c 7 § 35.81.180. Prior: 1957 c 42 § 18.]
35.81.180
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.81.190 Local improvement districts—Establishment—Special assessments—Bonds. (1) A community
renewal agency may establish local improvement districts
within the community renewal area, and levy special assessments, in annual installments extending over a period not
exceeding twenty years on all property specially benefited by
the local improvement, on the basis of special benefits, to pay
in whole or in part the damages or costs of the local improvement, and issue local improvement bonds to be paid from
35.81.190
(2008 Ed.)
Housing Authorities Law
local improvement assessments. The formation of the local
improvement districts, the determination, levy, and collection
of such assessments, and the issuance of such bonds shall be
as provided for the formation of local improvement districts,
the determination, levy, and collection of local improvement
assessments, and the issuance of local improvement bonds by
cities and towns, insofar as consistent with this chapter.
These bonds may be in any form, including bearer bonds or
registered bonds as provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, the
bonds authorized under subsection (1) of this section may be
issued and sold in accordance with chapter 39.46 RCW.
[2002 c 218 § 13.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.81.200 Local improvement districts—Content of
notice. Any notice given to the public or to the owners of
specific lots, tracts, or parcels of land relating to the formation of a local improvement district created under RCW
35.81.190 shall contain a statement that actual assessments
may vary from assessment estimates so long as they do not
exceed a figure equal to the increased benefit the improvement adds to the property. [2002 c 218 § 14.]
35.81.200
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.81.910 Short title. This chapter shall be known and
may be cited as the "community renewal law." [2002 c 218 §
21; 1965 c 7 § 35.81.910. Prior: 1957 c 42 § 20.]
35.81.910
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
Chapter 35.82
Chapter 35.82 RCW
HOUSING AUTHORITIES LAW
Sections
35.82.010
35.82.020
35.82.030
35.82.040
35.82.045
35.82.050
35.82.060
35.82.070
35.82.076
35.82.080
35.82.090
35.82.100
35.82.110
35.82.120
35.82.130
35.82.140
35.82.150
35.82.160
35.82.170
35.82.180
35.82.190
35.82.200
35.82.210
35.82.220
35.82.230
35.82.240
35.82.250
35.82.260
35.82.270
(2008 Ed.)
Finding and declaration of necessity.
Definitions.
Creation of housing authorities.
Appointment, qualifications, and tenure of commissioners.
Cities with a population of four hundred thousand or more—
Appointment of additional commissioners—Appointment,
compensation of commissioners—Organization of authority.
Conflicts of interest for commissioners, employees, and
appointees.
Removal of commissioners.
Powers of authority.
Small works roster.
Operation not for profit.
Rentals and tenant selection.
Cooperation between authorities.
Eminent domain.
Planning, zoning and building laws.
Bonds.
Form and sale of bonds.
Provisions of bonds, trust indentures, and mortgages.
Certification by attorney general.
Remedies of an obligee of authority.
Additional remedies conferable by authority.
Exemption of property from execution sale.
Aid from federal government.
Tax exemption and payments in lieu of taxes—Definitions.
Housing bonds legal investments and security.
Reports.
Rural housing projects.
Housing applications by farmers.
Farmers of low income.
Powers are additional.
35.82.280
35.82.285
35.82.300
35.82.310
35.82.320
35.82.325
35.82.330
35.82.340
35.82.900
35.82.910
35.82.020
Supplemental projects.
Group homes or halfway houses for released juveniles or
developmentally disabled.
Joint housing authorities—Creation authorized—Contents of
ordinances creating—Powers.
Joint housing authorities—Dissolution.
Deactivation of housing authority—Procedure.
Deactivation of housing authority—Distribution of assets.
Chapter not applicable to certain transfers of property.
Previously incarcerated individuals—Rental policies that are
not unduly burdensome encouraged.
Short title.
Chapter controlling.
Eminent domain: Title 8 RCW.
Loans and grants for low-income housing: RCW 35.21.685 and 36.32.415.
Planning commissions: Chapter 35.63 RCW.
35.82.010 Finding and declaration of necessity. It is
hereby declared: (1) That there exist in the state insanitary or
unsafe dwelling accommodations and that persons of low
income are forced to reside in such insanitary or unsafe
accommodations; that within the state there is a shortage of
safe or sanitary dwelling accommodations available at rents
which persons of low income can afford and that such persons are forced to occupy overcrowded and congested dwelling accommodations; that the aforesaid conditions cause an
increase in and spread of disease and crime and constitute a
menace to the health, safety, morals and welfare of the residents of the state and impair economic values; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment,
public health and safety, fire and accident protection, and
other public services and facilities; (2) that these areas in the
state cannot be cleared, nor can the shortage of safe and sanitary dwellings for persons of low income be relieved,
through the operation of private enterprise, and that the construction of housing projects for persons of low income (as
herein defined) would therefore not be competitive with private enterprise; (3) that the clearance, replanning and reconstruction of the areas in which insanitary or unsafe housing
conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public
uses and purposes for which public money may be spent and
private property acquired and are governmental functions of
state concern; (4) that it is in the public interest that work on
projects for such purposes be commenced as soon as possible
in order to relieve unemployment which now (1939) constitutes an emergency; and the necessity in the public interest
for the provisions hereinafter enacted, is hereby declared as a
matter of legislative determination. [1965 c 7 § 35.82.010.
Prior: 1939 c 23 § 2; RRS § 6889-2. Formerly RCW
74.24.010.]
35.82.010
35.82.020 Definitions. The following terms, wherever
used or referred to in this chapter, shall have the following
respective meanings, unless a different meaning clearly
appears from the context:
(1) "Authority" or "housing authority" shall mean any of
the public corporations created by RCW 35.82.030.
(2) "City" shall mean any city, town, or code city.
"County" shall mean any county in the state. "The city" shall
mean the particular city for which a particular housing
authority is created. "The county" shall mean the particular
county for which a particular housing authority is created.
35.82.020
[Title 35 RCW—page 271]
35.82.030
Title 35 RCW: Cities and Towns
(3) "Governing body" shall mean, in the case of a city,
the city council or the commission and in the case of a
county, the county legislative authority.
(4) "Mayor" shall mean the mayor of the city or the
officer thereof charged with the duties customarily imposed
on the mayor or executive head of the city.
(5) "Clerk" shall mean the clerk of the city or the clerk of
the county legislative authority, as the case may be, or the
officer charged with the duties customarily imposed on such
clerk.
(6) "Area of operation": (a) In the case of a housing
authority of a city, shall include such city and the area within
five miles from the territorial boundaries thereof: PROVIDED, That the area of operation of a housing authority of
any city shall not include any area which lies within the territorial boundaries of some other city, as herein defined; (b) in
the case of a housing authority of a county, shall include all
of the county except that portion which lies within the territorial boundaries of any city as herein defined.
(7) "Federal government" shall include the United States
of America, the United States housing authority or any other
agency or instrumentality, corporate or otherwise, of the
United States of America.
(8) "Slum" shall mean any area where dwellings predominate which, by reason of dilapidation, overcrowding,
lack of ventilation, light or sanitary facilities, or any combination of these factors, are detrimental to safety, health and
morals.
(9) "Housing project" shall mean any work or undertaking: (a) To demolish, clear or remove buildings from any
slum area; such work or undertaking may embrace the adaptation of such area to public purposes, including parks or
other recreational or community purposes; or (b) to provide
decent, safe and sanitary urban or rural dwellings, apartments, mobile home parks, or other living accommodations
for persons of low income; such work or undertaking may
include the rehabilitation of dwellings owned by persons of
low income, and also may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers,
water service, parks, site preparation, gardening, administrative, community, health, recreational, welfare or other purposes; or (c) without limitation by implication, to provide
decent, safe, and sanitary urban and rural dwellings, apartments, mobile home parks, or other living accommodations
for senior citizens; such work or undertaking may include
buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, welfare, or other purposes; or (d) to accomplish a
combination of the foregoing. The term "housing project"
also may be applied to the planning of the buildings and
improvements, the acquisition of property, the demolition of
existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in
connection therewith.
(10) "Persons of low income" shall mean persons or families who lack the amount of income which is necessary (as
determined by the authority undertaking the housing project)
[Title 35 RCW—page 272]
to enable them, without financial assistance, to live in decent,
safe and sanitary dwellings, without overcrowding.
(11) "Bonds" shall mean any bonds, notes, interim certificates, debentures, or other obligations issued by the authority pursuant to this chapter.
(12) "Real property" shall include all lands, including
improvements and fixtures thereon, and property of any
nature appurtenant thereto, or used in connection therewith,
and every estate, interest and right, legal or equitable, therein,
including terms for years and liens by way of judgment,
mortgage or otherwise and the indebtedness secured by such
liens.
(13) "Obligee of the authority" or "obligee" shall include
any bondholder, trustee or trustees for any bondholders, or
lessor demising to the authority property used in connection
with a housing project, or any assignee or assignees of such
lessor’s interest or any part thereof, and the federal government when it is a party to any contract with the authority.
(14) "Mortgage loan" shall mean an interest bearing obligation secured by a mortgage.
(15) "Mortgage" shall mean a mortgage deed, deed of
trust or other instrument securing a mortgage loan and constituting a lien on real property held in fee simple, or on a leasehold under a lease having a remaining term at the time the
mortgage is acquired of not less than the term for repayment
of the mortgage loan secured by the mortgage, improved or to
be improved by a housing project.
(16) "Senior citizen" means a person age sixty-two or
older who is determined by the authority to be poor or infirm
but who is otherwise in some manner able to provide the
authority with revenue which (together with all other available moneys, revenues, income, and receipts of the authority,
from whatever sources derived) will be sufficient: (a) To
pay, as the same become due, the principal and interest on
bonds of the authority; (b) to meet the cost of, and to provide
for, maintaining and operating projects (including the cost of
insurance) and administrative expenses of the authority; and
(c) to create (by not less than the six years immediately succeeding the issuance of any bonds) a reserve sufficient to
meet the principal and interest payments which will be due on
the bonds in any one year thereafter and to maintain such
reserve.
(17) "Commercial space" shall mean space which,
because of its proximity to public streets, sidewalks, or other
thoroughfares, is well suited for commercial or office use.
Commercial space includes but is not limited to office as well
as retail space. [1989 c 363 § 1; 1983 c 225 § 1; 1979 ex.s. c
187 § 1; 1977 ex.s. c 274 § 1; 1965 c 7 § 35.82.020. Prior:
1939 c 23 § 3; RRS § 6889-3. Formerly RCW 74.24.020.]
Severability—1983 c 225: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1983 c 225 § 4.]
Severability—1979 ex.s. c 187: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 187 § 4.]
35.82.030 Creation of housing authorities. In each
city (as herein defined) and in each county of the state there
is hereby created a public body corporate and politic to be
known as the "Housing Authority" of the city or county:
35.82.030
(2008 Ed.)
Housing Authorities Law
PROVIDED, HOWEVER, That such authority shall not
transact any business or exercise its powers hereunder until
or unless the governing body of the city or the county, as the
case may be, by proper resolution shall declare at any time
hereafter that there is need for an authority to function in such
city or county. The determination as to whether or not there is
such need for an authority to function (1) may be made by the
governing body on its own motion or (2) shall be made by the
governing body upon the filing of a petition signed by
twenty-five residents of the city or county, as the case may
be, asserting that there is need for an authority to function in
such city or county and requesting that the governing body so
declare.
The governing body shall adopt a resolution declaring
that there is need for a housing authority in the city or county,
as the case may be, if it shall find (1) that insanitary or unsafe
inhabited dwelling accommodations exist in such city or
county; (2) that there is a shortage of safe or sanitary dwelling
accommodations in such city or county available to persons
of low income at rentals they can afford; or (3) that there is a
shortage of safe or sanitary dwellings, apartments, mobile
home parks, or other living accommodations available for
senior citizens. In determining whether dwelling accommodations are unsafe or insanitary said governing body may
take into consideration the degree of overcrowding, the percentage of land coverage, the light, air, space and access
available to the inhabitants of such dwelling accommodations, the size and arrangement of the rooms, the sanitary
facilities, and the extent to which conditions exist in such
buildings which endanger life or property by fire or other
causes.
In any suit, action or proceeding involving the validity or
enforcement of or relating to any contract of the authority, the
authority shall be conclusively deemed to have become
established and authorized to transact business and exercise
its powers hereunder upon proof of the adoption of a resolution by the governing body declaring the need for the authority. Such resolution or resolutions shall be deemed sufficient
if it declares that there is such need for an authority and finds
in substantially the foregoing terms (no further detail being
necessary) that either or both of the above enumerated conditions exist in the city or county, as the case may be. A copy of
such resolution duly certified by the clerk shall be admissible
in evidence in any suit, action or proceeding. [1979 ex.s. c
187 § 2; 1965 c 7 § 35.82.030. Prior: 1939 c 23 § 4; RRS §
6889-4. Formerly RCW 74.24.030.]
Severability—1979 ex.s. c 187: See note following RCW 35.82.020.
35.82.040
35.82.040 Appointment, qualifications, and tenure of
commissioners. Except as provided in RCW 35.82.045,
when the governing body of a city adopts a resolution declaring that there is a need for a housing authority, it shall
promptly notify the mayor of such adoption. Upon receiving
such notice, the mayor shall appoint five persons as commissioners of the authority created for the city. When the governing body of a county adopts a resolution declaring that there
is a need for a housing authority, it shall appoint five persons
as commissioners of the authority created for the county. The
commissioners who are first appointed shall be designated to
serve for terms of one, two, three, four and five years, respec(2008 Ed.)
35.82.045
tively, from the date of their appointment, but thereafter commissioners shall be appointed for a term of office of five
years except that all vacancies shall be filled for the unexpired term. No commissioner of an authority may be an
officer or employee of the city or county for which the
authority is created, unless the commissioner is an employee
of a separately elected county official other than the county
governing body in a county with a population of less than one
hundred seventy-five thousand as of the 1990 federal census,
and the total government employment in that county exceeds
forty percent of total employment. A commissioner shall hold
office until a successor has been appointed and has qualified,
unless sooner removed according to this chapter. A certificate
of the appointment or reappointment of any commissioner
shall be filed with the clerk and such certificate shall be conclusive evidence of the due and proper appointment of such
commissioner. A commissioner shall receive no compensation for his or her services for the authority, in any capacity,
but he or she shall be entitled to the necessary expenses,
including traveling expenses, incurred in the discharge of his
or her duties.
The powers of each authority shall be vested in the commissioners thereof in office from time to time. Except as provided in RCW 35.82.045, three commissioners shall constitute a quorum of the authority for the purpose of conducting
its business and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of a
majority of the commissioners present, unless in any case the
bylaws of the authority shall require a larger number. The
mayor (or in the case of an authority for a county, the governing body of the county) shall designate which of the commissioners appointed shall be the first chair of the commission
and he or she shall serve in the capacity of chair until the
expiration of his or her term of office as commissioner. When
the office of the chair of the authority becomes vacant, the
authority shall select a chair from among its commissioners.
An authority shall select from among its commissioners a
vice-chair, and it may employ a secretary (who shall be executive director), technical experts and such other officers,
agents and employees, permanent and temporary, as it may
require, and shall determine their qualifications, duties and
compensation. For such legal services as it may require, an
authority may call upon the chief law officer of the city or the
county or may employ its own counsel and legal staff. An
authority may delegate to one or more of its agents or
employees such powers or duties as it may deem proper.
If federal law requires that the membership of the board
of commissioners of a local authority contains one member
who is directly assisted by the authority, the board may by
resolution temporarily or permanently increase its size to six
members. The board may determine the length of the term of
the position filled by a directly assisted member. A person
appointed to such a position may serve in that position only
as long as he or she is directly assisted by the authority.
[1999 c 77 § 1; 1998 c 140 § 1; 1995 c 293 § 1; 1965 c 7 §
35.82.040. Prior: 1939 c 23 § 5; RRS § 6889-5. Formerly
RCW 74.24.040.]
35.82.045 Cities with a population of four hundred
thousand or more—Appointment of additional commissioners—Appointment, compensation of commission35.82.045
[Title 35 RCW—page 273]
35.82.050
Title 35 RCW: Cities and Towns
ers—Organization of authority. (1) After June 11, 1998,
the governing body of a city with a population of four hundred thousand or more, that has created a housing authority
under RCW 35.82.040, shall adopt a resolution to expand the
number of commissioners on the housing authority from five
to seven. Upon receiving the notice, the mayor, with approval
of the city council, shall appoint additional persons as commissioners of the authority created for the city.
(2) In appointing commissioners, the mayor shall consider persons that represent the community, provided that two
commissioners shall consist of tenants that reside in a housing project that is owned by the housing authority.
(3) After June 11, 1998, all commissioners shall be
appointed to serve four-year terms, except that all vacancies
shall be filled for the remainder of the unexpired term. A
commissioner of an authority may not be an officer or
employee of the city for which the authority is created. A
commissioner shall hold office until a successor has been
appointed and has qualified, unless sooner removed according to this chapter.
(4) A commissioner may be reappointed only after
review and approval by the city council.
(5) A certificate of the appointment or reappointment of
any commissioner shall be filed with the clerk and the certificate is conclusive evidence of the due and proper appointment of the commissioner.
(6) A commissioner shall receive no compensation for
his or her services for the authority, in any capacity, but he or
she is entitled to the necessary expenses, including traveling
expenses, incurred in the discharge of his or her duties.
(7) The powers of each authority vest in the commissioners of the authority in office from time to time. Four commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and
for all other purposes. Action may be taken by the authority
upon a vote of a majority of the commissioners present,
unless in any case the bylaws of the authority shall require a
larger number.
(8) The mayor, with consent of the city council, shall
designate which of the commissioners appointed shall be the
first chair of the commission and he or she shall serve in the
capacity of chair until the expiration of his or her term of
office as commissioner. When the office of the chair of the
authority becomes vacant, the authority shall select a chair
from among its commissioners. An authority shall select
from among its commissioners a vice-chair, and the authority
may employ a secretary, who shall be executive director,
technical experts and such other officers, agents, and employees, permanent and temporary, as the authority requires, and
shall determine their qualifications, duties, and compensation.
(9) For such legal services as it may require, an authority
may call upon the chief law officer of the city or may employ
its own counsel and legal staff. An authority may delegate to
one or more of its agents or employees such powers or duties
as it may deem proper. [1998 c 140 § 2.]
or property or engage in any business, transaction, or professional or personal activity, that would:
(a) Be, or appear to be, in conflict with the commissioner’s, employee’s, or appointee’s official duties to any
decision-making body for the housing authority duties relating to the housing authority served by or subject to the
authority of such commissioner, employee, or appointee to
any decision-making body for the housing authority;
(b) Secure, or appear to secure, unwarranted privileges
or advantages for such commissioner, employee, or appointee to any decision-making body for the housing authority, or
others; or
(c) Prejudice, or appear to prejudice, such commissioner’s, employee’s, or appointee’s to any decision-making
body for the housing authority independence of judgment in
exercise of his or her official duties relating to the housing
authority served by or subject to the authority of the commissioner, employee, or appointee to any decision-making body
for the housing authority.
(2) No commissioner, employee, or appointee to any
decision-making body for the housing authority shall act in
an official capacity in any manner in which such commissioner, employee, or appointee to any decision-making body
of the housing authority has a direct or indirect financial or
personal involvement.
(3) No commissioner, employee, or appointee to any
decision-making body for the housing authority shall use his
or her public office or employment to secure financial gain to
such commissioner, employee, or appointee to any decisionmaking body for the housing authority.
(4) If any commissioner or employee of an authority or
any appointee to any decision-making body for the housing
authority owns or controls an interest direct or indirect in any
property included or planned to be included in any housing
project, he immediately shall disclose the same in writing to
the authority and such disclosure shall be entered upon the
minutes of the authority. Failure to disclose such interest
shall constitute misconduct in office. Upon such disclosure
such commissioner, employee, or appointee to any decisionmaking body for the housing authority shall not participate in
any action by the authority affecting such property.
(5) No provision of this section shall preclude a tenant of
the public housing authority from serving as a commissioner,
employee, or appointee to any decision-making body of the
housing authority. No provision of this section shall preclude
a tenant of the public housing authority who is serving as a
commissioner, employee, or appointee to any decision-making body of the housing authority from voting on any issue or
decision, or participating in any action by the authority,
unless a conflict of interest, as set forth in subsections (1)
through (4) of this section, exists as to that particular tenant
and the particular property or interest at issue before, or subject to action by the housing authority. [1998 c 140 § 3; 1965
c 7 § 35.82.050. Prior: 1939 c 23 § 6; RRS § 6889-6. Formerly RCW 74.24.050.]
35.82.060 Removal of commissioners. For inefficiency or neglect of duty or misconduct in office, a commissioner of an authority may be removed by the mayor (or in the
case of an authority for a county, by the governing body of
said county), but a commissioner shall be removed only after
35.82.060
35.82.050 Conflicts of interest for commissioners,
employees, and appointees. (1) No commissioner,
employee, or appointee to any decision-making body for the
housing authority shall own or hold an interest in any contract
35.82.050
[Title 35 RCW—page 274]
(2008 Ed.)
Housing Authorities Law
he shall have been given a copy of the charges at least ten
days prior to the hearing thereon and had an opportunity to be
heard in person or by counsel. In the event of the removal of
any commissioner, a record of the proceedings, together with
the charges and findings thereon, shall be filed in the office of
the clerk. [1965 c 7 § 35.82.060. Prior: 1939 c 23 § 7; RRS
§ 6889-7. Formerly RCW 74.24.060.]
35.82.070 Powers of authority. An authority shall constitute a public body corporate and politic, exercising public
and essential governmental functions, and having all the
powers necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including the following powers in addition to others herein granted:
(1) To sue and be sued; to have a seal and to alter the
same at pleasure; to have perpetual succession; to make and
execute contracts and other instruments, including but not
limited to partnership agreements and joint venture agreements, necessary or convenient to the exercise of the powers
of the authority; to participate in the organization or the operation of a nonprofit corporation which has as one of its purposes to provide or assist in the provision of housing for persons of low income; and to make and from time to time
amend and repeal bylaws, rules and regulations, not inconsistent with this chapter, to carry into effect the powers and purposes of the authority.
(2) Within its area of operation: To prepare, carry out,
acquire, lease and operate housing projects; to provide for the
construction, reconstruction, improvement, alteration or
repair of any housing project or any part thereof; to agree to
rent or sell dwellings forming part of the projects to or for
persons of low income. Where an agreement or option is
made to sell a dwelling to a person of low income, the authority may convey the dwelling to the person upon fulfillment of
the agreement irrespective of whether the person is at the
time of the conveyance a person of low income. Leases,
options, agreements, or conveyances may include such covenants as the authority deems appropriate to assure the
achievement of the objectives of this chapter.
(3) To acquire, lease, rent, sell, or otherwise dispose of
any commercial space located in buildings or structures containing a housing project or projects.
(4) To arrange or contract for the furnishing by any person or agency, public or private, of services, privileges,
works, or facilities for, or in connection with, a housing
project or the occupants thereof; and (notwithstanding anything to the contrary contained in this chapter or in any other
provision of law) to include in any contract let in connection
with a project, stipulations requiring that the contractor and
any subcontractors comply with requirements as to minimum
wages and maximum hours of labor, and comply with any
conditions which the federal government may have attached
to its financial aid of the project.
(5) To lease or rent any dwellings, houses, accommodations, lands, buildings, structures or facilities embraced in
any housing project and (subject to the limitations contained
in this chapter) to establish and revise the rents or charges
therefor; to own or manage buildings containing a housing
project or projects as well as commercial space or other
dwelling units that do not constitute a housing project as that
term is defined in this chapter. However, notwithstanding the
35.82.070
(2008 Ed.)
35.82.070
provisions under subsection (1) of this section, dwelling units
made available or sold to persons of low income, together
with functionally related and subordinate facilities, shall
occupy at least fifty percent of the interior space in the total
development owned by the authority or at least fifty percent
of the total number of units in the development owned by the
authority, whichever produces the greater number of units for
persons of low income, and for mobile home parks, the
mobile home lots made available to persons of low income
shall be at least fifty percent of the total number of mobile
home lots in the park owned by the authority; to own, hold,
and improve real or personal property; to purchase, lease,
obtain options upon, acquire by gift, grant, bequest, devise, or
otherwise including financial assistance and other aid from
the state or any public body, person or corporation, any real
or personal property or any interest therein; to acquire by the
exercise of the power of eminent domain any real property; to
sell, lease, exchange, transfer, assign, pledge, or dispose of
any real or personal property or any interest therein; to sell,
lease, exchange, transfer, or dispose of any real or personal
property or interest therein at less than fair market value to a
governmental entity for any purpose when such action assists
the housing authority in carrying out its powers and purposes
under this chapter, to a low-income person or family for the
purpose of providing housing for that person or family, or to
a nonprofit corporation provided the nonprofit corporation
agrees to sell the property to a low-income person or family
or to use the property for the provision of housing for persons
of low income for at least twenty years; to insure or provide
for the insurance of any real or personal property or operations of the authority against any risks or hazards; to procure
or agree to the procurement of insurance or guarantees from
the federal government of the payment of any bonds or parts
thereof issued by an authority, including the power to pay
premiums on any such insurance.
(6) To invest any funds held in reserves or sinking funds,
or any funds not required for immediate disbursement, in
property or securities in which savings banks may legally
invest funds subject to their control; to purchase its bonds at
a price not more than the principal amount thereof and
accrued interest, all bonds so purchased to be canceled.
(7) Within its area of operation: To investigate into living, dwelling and housing conditions and into the means and
methods of improving such conditions; to determine where
slum areas exist or where there is a shortage of decent, safe
and sanitary dwelling accommodations for persons of low
income; to make studies and recommendations relating to the
problem of clearing, replanning and reconstructing of slum
areas, and the problem of providing dwelling accommodations for persons of low income, and to cooperate with the
city, the county, the state or any political subdivision thereof
in action taken in connection with such problems; and to
engage in research, studies and experimentation on the subject of housing.
(8) Acting through one or more commissioners or other
person or persons designated by the authority: To conduct
examinations and investigations and to hear testimony and
take proof under oath at public or private hearings on any
matter material for its information; to administer oaths, issue
subpoenas requiring the attendance of witnesses or the production of books and papers and to issue commissions for the
[Title 35 RCW—page 275]
35.82.070
Title 35 RCW: Cities and Towns
examination of witnesses who are outside of the state or
unable to attend before the authority, or excused from attendance; to make available to appropriate agencies (including
those charged with the duty of abating or requiring the correction of nuisances or like conditions, or of demolishing
unsafe or insanitary structures within its area of operation) its
findings and recommendations with regard to any building or
property where conditions exist which are dangerous to the
public health, morals, safety or welfare.
(9) To initiate eviction proceedings against any tenant as
provided by law. Activity occurring in any housing authority
unit that constitutes a violation of chapter 69.41, 69.50 or
69.52 RCW shall constitute a nuisance for the purpose of
RCW 59.12.030(5).
(10) To exercise all or any part or combination of powers
herein granted.
No provisions of law with respect to the acquisition,
operation or disposition of property by other public bodies
shall be applicable to an authority unless the legislature shall
specifically so state.
(11) To agree (notwithstanding the limitation contained
in RCW 35.82.210) to make such payments in lieu of taxes as
the authority finds consistent with the achievement of the
purposes of this chapter.
(12) Upon the request of a county or city, to exercise any
powers of a community renewal agency under chapter 35.81
RCW or a public corporation, commission, or authority under
chapter 35.21 RCW.
(13) To exercise the powers granted in this chapter
within the boundaries of any city, town, or county not
included in the area in which such housing authority is originally authorized to function: PROVIDED, HOWEVER, The
governing or legislative body of such city, town, or county, as
the case may be, adopts a resolution declaring that there is a
need for the authority to function in such territory.
(14) To administer contracts for assistance payments to
persons of low income in accordance with section 8 of the
United States Housing Act of 1937, as amended by Title II,
section 201 of the Housing and Community Development
Act of 1974, P.L. 93-383.
(15) To sell at public or private sale, with or without public bidding, for fair market value, any mortgage or other obligation held by the authority.
(16) To the extent permitted under its contract with the
holders of bonds, notes, and other obligations of the authority, to consent to any modification with respect to rate of
interest, time and payment of any installment of principal or
interest security, or any other term of any contract, mortgage,
mortgage loan, mortgage loan commitment, contract or
agreement of any kind to which the authority is a party.
(17) To make, purchase, participate in, invest in, take
assignments of, or otherwise acquire loans to persons of low
income to enable them to acquire, construct, reconstruct,
rehabilitate, improve, lease, or refinance their dwellings, and
to take such security therefor as is deemed necessary and prudent by the authority.
(18) To make, purchase, participate in, invest in, take
assignments of, or otherwise acquire loans for the acquisition, construction, reconstruction, rehabilitation, improvement, leasing, or refinancing of land, buildings, or developments for housing for persons of low income. For purposes of
[Title 35 RCW—page 276]
this subsection, development shall include either land or
buildings or both.
(a) Any development financed under this subsection
shall be subject to an agreement that for at least twenty years
the dwelling units made available to persons of low income
together with functionally related and subordinate facilities
shall occupy at least fifty percent of the interior space in the
total development or at least fifty percent of the total number
of units in the development, whichever produces the greater
number of units for persons of low income. For mobile home
parks, the mobile home lots made available to persons of low
income shall be at least fifty percent of the total number of
mobile home lots in the park. During the term of the agreement, the owner shall use its best efforts in good faith to
maintain the dwelling units or mobile home lots required to
be made available to persons of low income at rents affordable to persons of low income. The twenty-year requirement
under this subsection (18)(a) shall not apply when an authority finances the development by nonprofit corporations or
governmental units of dwellings or mobile home lots
intended for sale to persons of low and moderate income, and
shall not apply to construction or other short-term financing
provided to nonprofit corporations or governmental units
when the financing has a repayment term of one year or less.
(b) In addition, if the development is owned by a forprofit entity, the dwelling units or mobile home lots required
to be made available to persons of low income shall be rented
to persons whose incomes do not exceed fifty percent of the
area median income, adjusted for household size, and shall
have unit or lot rents that do not exceed fifteen percent of area
median income, adjusted for household size, unless rent subsidies are provided to make them affordable to persons of low
income.
For purposes of this subsection (18)(b), if the development is owned directly or through a partnership by a governmental entity or a nonprofit organization, which nonprofit
organization is itself not controlled by a for-profit entity or
affiliated with any for-profit entity that a nonprofit organization itself does not control, it shall not be treated as being
owned by a for-profit entity when the governmental entity or
nonprofit organization exercises legal control of the ownership entity and in addition, (i) the dwelling units or mobile
home lots required to be made available to persons of low
income are rented to persons whose incomes do not exceed
sixty percent of the area median income, adjusted for household size, and (ii) the development is subject to an agreement
that transfers ownership to the governmental entity or nonprofit organization or extends an irrevocable right of first
refusal to purchase the development under a formula for setting the acquisition price that is specified in the agreement.
(c) Commercial space in any building financed under
this subsection that exceeds four stories in height shall not
constitute more than twenty percent of the interior area of the
building. Before financing any development under this subsection the authority shall make a written finding that financing is important for project feasibility or necessary to enable
the authority to carry out its powers and purposes under this
chapter.
(19) To contract with a public authority or corporation,
created by a county, city, or town under RCW 35.21.730
through 35.21.755, to act as the developer for new housing
(2008 Ed.)
Housing Authorities Law
projects or improvement of existing housing projects. [2002
c 218 § 22; 1993 c 478 § 17; 1991 c 167 § 1; 1989 c 363 § 2;
1985 c 386 § 1; 1983 c 225 § 2; 1977 ex.s. c 274 § 2; 1965 c
7 § 35.82.070. Prior: 1945 c 43 § 1; 1939 c 23 § 8; Rem.
Supp. 1945 § 6889-8. Formerly RCW 74.24.070.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
Severability—1983 c 225: See note following RCW 35.82.020.
35.82.076 Small works roster. A housing authority
may establish and use a small works roster for awarding contracts under RCW 39.04.155. [2000 c 138 § 205.]
35.82.076
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
35.82.080 Operation not for profit. It is hereby
declared to be the policy of this state that each housing
authority shall manage and operate its housing projects in an
efficient manner so as to enable it to fix the rentals for lowincome dwelling accommodations at the lowest possible rates
consistent with its providing decent, safe and sanitary dwelling accommodations, and that no housing authority shall construct or operate any such project for profit, or as a source of
revenue to the city or the county. To this end, an authority
shall fix the rentals for rental units for persons of low income
in projects owned or leased by the authority at no higher rates
than it shall find to be necessary in order to produce revenues
which (together with all other available moneys, revenues,
income and receipts of the authority from whatever sources
derived) will be sufficient (1) to pay, as the same become
due, the principal and interest on the bonds or other obligations of the authority issued or incurred to finance the
projects; (2) to meet the cost of, and to provide for, maintaining and operating the projects (including the cost of any
insurance) and the administrative expenses of the authority;
and (3) to create (during not less than the six years immediately succeeding its issuance of any such bonds) a reserve
sufficient to meet the largest principal and interest payments
which will be due on such bonds in any one year thereafter
and to maintain such reserve. Nothing contained in this section shall be construed to limit an authority’s power to rent
commercial space located in buildings containing housing
projects or non low-income units owned, acquired, financed,
or constructed under *RCW 35.82.070(5), (16), or (17) at
profitable rates and to use any profit realized from such rentals in carrying into effect the powers and purposes provided
to housing authorities under this chapter. [1989 c 363 § 3;
1983 c 225 § 3; 1977 ex.s. c 274 § 3; 1965 c 7 § 35.82.080.
Prior: 1939 c 23 § 9; RRS § 6889-9. Formerly RCW
74.24.080.]
35.82.080
*Reviser’s note: RCW 35.82.070 was amended by 1991 c 167 § 1,
changing subsections (16) and (17) to subsections (17) and (18); and subsequently amended by 1993 c 478 § 17 changing subsections (17) and (18) to
subsections (18) and (19).
Severability—1983 c 225: See note following RCW 35.82.020.
35.82.090 Rentals and tenant selection. In the operation and management of rental units which are rented to persons of low income in any housing project an authority shall
at all times observe the following duties with respect to rentals and tenant selection: (1) It may rent or lease the dwelling
35.82.090
(2008 Ed.)
35.82.110
accommodations therein to persons of low income and at
rentals within the financial reach of such persons of low
income; (2) it may rent or lease to a low-income tenant dwelling accommodations consisting of the number of rooms (but
no greater number) which it deems necessary to provide safe
and sanitary accommodations to the proposed occupants
thereof, without overcrowding; and (3) it shall not accept any
person as a low income tenant in any housing project designated for persons of low income if the person or persons who
would occupy the dwelling accommodations have an annual
net income in excess of five times the annual rental of the
quarters to be furnished such person or persons, except that in
the case of families with three or more minor dependents,
such ratio shall not exceed six to one; in computing the rental
for this purpose of selecting tenants, there shall be included in
the rental the average annual cost (as determined by the
authority) to occupants of heat, water, electricity, gas, cooking range and other necessary services or facilities, whether
or not the charge for such services and facilities is in fact
included in the rental. This income limitation does not apply
to housing projects designated for senior citizens.
Nothing contained in this section or RCW 35.82.080
shall be construed as limiting the power of an authority to
vest in an obligee the right, in the event of a default by the
authority, to take possession of a housing project or cause the
appointment of a receiver thereof, free from all the restrictions imposed by this section or RCW 35.82.080. [1989 c
363 § 4; 1979 ex.s. c 187 § 3; 1977 ex.s. c 274 § 4; 1965 c 7
§ 35.82.090. Prior: 1939 c 23 § 10; RRS § 6889-10. Formerly
RCW 74.24.090.]
Severability—1979 ex.s. c 187: See note following RCW 35.82.020.
35.82.100 Cooperation between authorities. Any two
or more authorities may join or cooperate with one another in
the exercise of any or all of the powers conferred hereby for
the purpose of financing, planning, undertaking, constructing
or operating a housing project or projects located within the
area of operation of any one or more of said authorities.
[1965 c 7 § 35.82.100. Prior: 1939 c 23 § 11; RRS § 688911. Formerly RCW 74.24.100.]
35.82.100
35.82.110 Eminent domain. An authority shall have
the right to acquire by the exercise of the power of eminent
domain any real property which it may deem necessary for its
purposes under this chapter after the adoption by it of a resolution declaring that the acquisition of the real property
described therein is necessary for such purposes. An authority may exercise the power of eminent domain in the same
manner and under the same procedure as now is or may be
hereafter provided by law in the case of other corporations
authorized by the laws of the state to exercise the right of
eminent domain; or it may exercise the power of eminent
domain in the manner now or which may be hereafter provided by any other applicable statutory provisions for the
exercise of the power of eminent domain. Property already
devoted to a public use may be acquired in like manner:
PROVIDED, That no real property belonging to the city, the
county, the state or any political subdivision thereof may be
acquired without its consent. [1965 c 7 § 35.82.110. Prior:
1939 c 23 § 12; RRS § 6889-12. Formerly RCW 74.24.110.]
35.82.110
[Title 35 RCW—page 277]
35.82.120
Title 35 RCW: Cities and Towns
Eminent domain: Title 8 RCW.
35.82.120 Planning, zoning and building laws. All
housing projects of an authority shall be subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in which the housing
project is situated. In the planning and location of any housing project, an authority shall take into consideration the relationship of the project to any larger plan or long-range program for the development of the area in which the housing
authority functions. [1965 c 7 § 35.82.120. Prior: 1939 c 23
§ 13; RRS § 6889-13. Formerly RCW 74.24.120.]
1977 ex.s. c 274 § 5; 1965 c 7 § 35.82.130. Prior: 1939 c 23
§ 14; RRS § 6889-14. Formerly RCW 74.24.130.]
35.82.120
Ordinances—Adoption of codes by reference: RCW 35.21.180.
Planning commissions: Chapter 35.63 RCW.
35.82.130 Bonds. An authority shall have power to
issue bonds from time to time in its discretion, for any of its
corporate purposes. An authority shall also have power to
issue refunding bonds for the purpose of paying or retiring
bonds previously issued by it. An authority may issue such
types of bonds as it may determine, including (without limiting the generality of the foregoing) bonds on which the principal and interest are payable: (1) Exclusively from the
income and revenues of the housing project financed with the
proceeds of such bonds; (2) exclusively from the income and
revenues of certain designated housing projects whether or
not they are financed in whole or in part with the proceeds of
such bonds; or (3) from all or part of its revenues or assets
generally. Any such bonds may be additionally secured by a
pledge of any grant or contributions from the federal government or other source, or a pledge of any income or revenues
of the authority, or a mortgage of any housing project,
projects or other property of the authority. Any pledge made
by the authority shall be valid and binding from the time
when the pledge is made; the revenues, moneys, or property
so pledged and thereafter received by the authority shall
immediately be subject to the lien of the pledge without any
physical delivery thereof or further act, and the lien of any
such pledge shall be valid and binding as against all parties
having claims of any kind in tort, contract, or otherwise
against the authority, irrespective or whether the parties have
notice thereof.
Neither the commissioners of an authority nor any person executing the bonds shall be liable personally on the
bonds by reason of the issuance thereof. The bonds and other
obligations of an authority (and such bonds and obligations
shall so state on their face) shall not be a debt of the city, the
county, the state or any political subdivision thereof and neither the city or the county, nor the state or any political subdivision thereof shall be liable thereon, nor in any event shall
such bonds or obligations be payable out of any funds or
properties other than those of the authority. The bonds shall
not constitute an indebtedness within the meaning of any
constitutional or statutory debt limitation or restriction.
Bonds of an authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income
therefrom, shall be exempt from taxes. Nothing in this section shall prevent an authority from issuing bonds the interest
on which is included in gross income of the owners thereof
for income tax purposes. [1995 c 293 § 2; 1991 c 167 § 2;
35.82.130
[Title 35 RCW—page 278]
35.82.140 Form and sale of bonds. (1) Bonds of an
authority shall be authorized by its resolution and may be
issued in one or more series and shall bear such date or dates,
mature at such time or times, bear interest at such rate or
rates, be in such denomination or denominations, be in such
form, either coupon or registered as provided in RCW
39.46.030, carry such conversion or registration privileges,
have such rank or priority, be executed in such manner, be
payable in such medium of payment, at such place or places,
and be subject to such terms of redemption (with or without
premium) as such resolution, its trust indenture or mortgage
may provide.
The bonds may be sold at public or private sale.
In case any of the commissioners or officers of the
authority whose signatures appear on any bond or any coupons shall cease to be such commissioners or officers before
the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if
they had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds
issued pursuant to this chapter shall be fully negotiable.
In any suit, action or proceedings involving the validity
or enforceability of any bond of an authority or the security
therefor, any such bond reciting in substance that it has been
issued by the authority to aid in financing a housing project to
provide dwelling accommodations for persons of low income
shall be conclusively deemed to have been issued for a housing project of such character and said project shall be conclusively deemed to have been planned, located and constructed
in accordance with the purposes and provisions of this chapter.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 65; 1977 ex.s. c 274 § 6; 1970
ex.s. c 56 § 45; 1969 ex.s. c 232 § 22; 1965 c 7 § 35.82.140.
Prior: 1939 c 23 § 15; RRS § 6889-15. Formerly RCW
74.24.140.]
35.82.140
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
35.82.150 Provisions of bonds, trust indentures, and
mortgages. In connection with the issuance of bonds or the
incurring of obligations under leases and in order to secure
the payment of such bonds or obligations, an authority, in
addition to its other powers, shall have power:
(1) To pledge all or any part of its gross or net rents, fees,
revenues, or assets, including mortgage loans and obligations
securing the same, to which its right then exists or may thereafter come into existence.
(2) To mortgage all or any part of its real or personal
property, then owned or thereafter acquired.
(3) To covenant against pledging all or any part of its
rents, fees and revenues, or against mortgaging all or any part
of its real or personal property, to which its right or title then
exists or may thereafter come into existence or against per35.82.150
(2008 Ed.)
Housing Authorities Law
mitting or suffering any lien on such revenues or property; to
covenant with respect to limitations on its right to sell, lease
or otherwise dispose of any housing project or any part
thereof; and to covenant as to what other, or additional debts
or obligations may be incurred by it.
(4) To covenant as to the bonds to be issued and as to the
issuance of such bonds in escrow or otherwise, and as to the
use and disposition of the proceeds thereof; to provide for the
replacement of lost, destroyed or mutilated bonds; to covenant against extending the time for the payment of its bonds
or interest thereon; and to redeem the bonds, and to covenant
for their redemption and to provide the terms and conditions
thereof.
(5) To covenant (subject to the limitations contained in
this chapter) as to the rents and fees to be charged in the operation of a housing project or projects, the amount to be raised
each year or other period of time by rents, fees and other revenues, and as to the use and disposition to be made thereof; to
create or to authorize the creation of special funds for moneys
held for construction or operating costs, debt service,
reserves, or other purposes, and to covenant as to the use and
disposition of the moneys held in such funds.
(6) To prescribe the procedure, if any, by which the
terms of any contract with bondholders may be amended or
abrogated, the amount of bonds the holders of which must
consent thereto and the manner in which such consent may be
given.
(7) To covenant as to use of any or all of its real or personal property; and to covenant as to the maintenance of its
real and personal property, the replacement thereof, the insurance to be carried thereon and the use and disposition of
insurance moneys.
(8) To covenant as to the rights, liabilities, powers and
duties arising upon the breach by it of any covenant, condition, or obligation; and to covenant and prescribe as to events
of default and terms and conditions upon which any or all of
its bonds or obligations shall become or may be declared due
before maturity, and as to the terms and conditions upon
which such declaration and its consequences may be waived.
(9) To vest in a trustee or trustees or the holders of bonds
or any proportion of them the right to enforce the payment of
the bonds or any covenants securing or relating to the bonds;
to vest in a trustee or trustees the right, in the event of a
default by said authority, to take possession and use, operate
and manage any housing project or part thereof, and to collect
the rents and revenues arising therefrom and to dispose of
such moneys in accordance with the agreement of the authority with said trustee; to provide for the powers and duties of a
trustee or trustees and to limit the liabilities thereof; and to
provide the terms and conditions upon which the trustee or
trustees or the holders of bonds or any proportion of them
may enforce any covenant or rights securing or relating to the
bonds.
(10) To covenant as to the use and disposition of the
gross income from mortgages owned by the authority and
payment of principal of the mortgages.
(11) To exercise all or any part or combination of the
powers herein granted; to make covenants other than and in
addition to the covenants herein expressly authorized, of like
or different character; to make such covenants and to do any
and all such acts and things as may be necessary or conve(2008 Ed.)
35.82.180
nient or desirable in order to secure its bonds, or, in the absolute discretion of said authority, as will tend to make the
bonds more marketable notwithstanding that such covenants,
acts or things may not be enumerated herein. [1977 ex.s. c
274 § 7; 1965 c 7 § 35.82.150. Prior: 1939 c 23 § 16; RRS §
6889-16. Formerly RCW 74.24.150.]
35.82.160 Certification by attorney general. Any
authority may submit to the attorney general of the state any
bonds to be issued hereunder after all proceedings for the
issuance of such bonds have been taken. Upon the submission of such proceedings to the attorney general, it shall be
the duty of the attorney general to examine into and pass
upon the validity of such bonds and the regularity of all proceedings in connection therewith. If such proceedings conform to the provisions of this chapter and are otherwise regular in form and if such bonds when delivered and paid for will
constitute binding and legal obligations of the authority
enforceable according to the terms thereof, the attorney general shall certify in substance upon the back of each of said
bonds that it is issued in accordance with the Constitution and
laws of the state of Washington. [1965 c 7 § 35.82.160. Prior:
1939 c 23 § 17; RRS § 6889-17. Formerly RCW 74.24.160.]
35.82.160
35.82.170 Remedies of an obligee of authority. An
obligee of an authority shall have the right in addition to all
other rights which may be conferred on such obligee, subject
only to any contractual restrictions binding upon such obligee:
(1) By mandamus, suit, action or proceeding at law or in
equity to compel said authority and the commissioners, officers, agents or employees thereof to perform each and every
term, provision and covenant contained in any contract of
said authority with or for the benefit of such obligee, and to
require the carrying out of any or all such covenants and
agreements of said authority and the fulfillment of all duties
imposed upon said authority by this chapter.
(2) By suit, action or proceeding in equity, to enjoin any
acts or things which may be unlawful, or the violation of any
of the rights of such obligee of said authority. [1965 c 7 §
35.82.170. Prior: 1939 c 23 § 18; RRS § 6889-18. Formerly
RCW 74.24.170.]
35.82.170
35.82.180 Additional remedies conferable by authority. An authority shall have power by its resolution, trust
indenture, mortgage, lease or other contract to confer upon
any obligee holding or representing a specified amount in
bonds, or holding a lease, the right (in addition to all rights
that may otherwise be conferred), upon the happening of an
event of default as defined in such resolution or instrument,
by suit, action or proceeding in any court of competent jurisdiction:
(1) To cause possession of any housing project or any
part thereof to be surrendered to any such obligee.
(2) To obtain the appointment of a receiver of any housing project of said authority or any part thereof and of the
rents and profits therefrom. If such receiver be appointed, he
may enter and take possession of such housing project or any
part thereof and operate and maintain same, and collect and
receive all fees, rents, revenues, or other charges thereafter
35.82.180
[Title 35 RCW—page 279]
35.82.190
Title 35 RCW: Cities and Towns
arising therefrom, and shall keep such moneys in a separate
account or accounts and apply the same in accordance with
the obligations of said authority as the court shall direct.
(3) To require said authority and the commissioners
thereof to account as if it and they were the trustees of an
express trust. [1965 c 7 § 35.82.180. Prior: 1939 c 23 § 19;
RRS § 6889-19. Formerly RCW 74.24.180.]
35.82.190
35.82.190 Exemption of property from execution
sale. All real property of an authority shall be exempt from
levy and sale by virtue of an execution, and no execution or
other judicial process shall issue against the same nor shall
any judgment against an authority be a charge or lien upon its
real property: PROVIDED, HOWEVER, That the provisions
of this section shall not apply to or limit the right of obligees
to foreclose or otherwise enforce any mortgage of an authority or the right of obligees to pursue any remedies for the
enforcement of any pledge or lien given by an authority on its
rents, fees or revenues. [1965 c 7 § 35.82.190. Prior: 1939 c
23 § 20; RRS § 6889-20. Formerly RCW 74.24.190.]
(b) "Intertribal housing authority" means a housing
authority created by a consortium of tribal governments to
operate and administer housing programs for persons of low
income or senior citizens for and on behalf of such tribes.
(c) "Tribal government" means the governing body of a
federally recognized Indian tribe.
(d) "Tribal housing authority" means the tribal government or an agency or branch of the tribal government that
operates and administers housing programs for persons of
low income or senior citizens. [2000 c 187 § 2; 1965 c 7 §
35.82.210. Prior: 1939 c 23 § 22; RRS § 6889-22. Formerly
RCW 74.24.210.]
Finding—2000 c 187: "Affordable and accessible housing is of great
concern and importance to the legislature and the people of this state. The
legislature recognizes the important role housing authorities serve in creating
and maintaining housing for low-income persons and senior citizens. The
legislature finds that tribal housing authorities should be afforded the same
exemptions from tax as all other housing authorities and extends the exemption from state and local tax to tribal housing authorities." [2000 c 187 § 1.]
Effective date—2000 c 187: "This act takes effect July 1, 2000." [2000
c 187 § 3.]
35.82.220 Housing bonds legal investments and security. Notwithstanding any restrictions on investments contained in any laws of this state, the state and all public officers, municipal corporations, political subdivisions, and public
bodies, all banks, bankers, trust companies, savings banks
and institutions, building and loan associations, savings and
loan associations, investment companies and other persons
carrying on a banking business, all insurance companies,
insurance associations and other persons carrying on an
insurance business, and all executors, administrators, guardians, trustees and other fiduciaries may legally invest any
sinking funds, moneys or other funds belonging to them or
within their control in any bonds or other obligations issued
by a housing authority pursuant to the housing authorities law
of this state or issued by any public housing authority or
agency in the United States, and such bonds and other obligations shall be authorized security for all public deposits; it
being the purpose of this chapter to authorize any persons,
firms, corporations, associations, political subdivisions, bodies and officers, public or private, to use any funds owned or
controlled by them, including (but not limited to) sinking,
insurance, investment, retirement, compensation, pension
and trust funds, and funds held on deposit, for the purchase of
any such bonds or other obligations: PROVIDED, HOWEVER, That nothing contained in this chapter shall be construed as relieving any person, firm or corporation from any
duty of exercising reasonable care in selecting securities.
[1977 ex.s. c 274 § 8; 1965 c 7 § 35.82.220. Prior: 1939 c 23
§ 23; RRS § 6889-23. Formerly RCW 74.24.220.]
35.82.220
35.82.200
35.82.200 Aid from federal government. In addition
to the powers conferred upon an authority by other provisions
of this chapter, an authority is empowered to borrow money
or accept contributions, grants or other financial assistance
from the federal government for or in aid of any housing
project within its area of operation, to take over or lease or
manage any housing project or undertaking constructed or
owned by the federal government, and to these ends, to comply with such conditions and enter into such mortgages, trust
indentures, leases or agreements as may be necessary, convenient or desirable. It is the purpose and intent of this chapter
to authorize every authority to do any and all things necessary
or desirable to secure the financial aid or cooperation of the
federal government in the undertaking, construction, maintenance or operation of any housing project by such authority.
[1965 c 7 § 35.82.200. Prior: 1939 c 23 § 21; RRS § 6889-21.
Formerly RCW 74.24.200.]
35.82.210
35.82.210 Tax exemption and payments in lieu of
taxes—Definitions. (1) The property of an authority is
declared to be public property used for essential public and
governmental purposes and such property and an authority
shall be exempt from all taxes and special assessments of the
city, the county, the state or any political subdivision thereof:
PROVIDED, HOWEVER, That in lieu of such taxes an
authority may agree to make payments to the city or the
county or any such political subdivision for improvements,
services and facilities furnished by such city, county or political subdivision for the benefit of a housing project, but in no
event shall such payments exceed the amount last levied as
the annual tax of such city, county or political subdivision
upon the property included in said project prior to the time of
its acquisition by the authority.
(2) For the sole purpose of the exemption from tax under
this section:
(a) "Authority," in addition to the meaning in RCW
35.82.020, also means tribal housing authorities and intertribal housing authorities.
[Title 35 RCW—page 280]
35.82.230 Reports. At least once a year, an authority
shall file with the clerk a report of its activities for the preceding year, and shall make recommendations with reference to
such additional legislation or other action as it deems necessary in order to carry out the purposes of this chapter. [1965
c 7 § 35.82.230. Prior: 1939 c 23 § 24; RRS § 6889-24. Formerly RCW 74.24.230.]
35.82.230
35.82.240 Rural housing projects. Housing authorities
created for counties are specifically empowered and autho35.82.240
(2008 Ed.)
Housing Authorities Law
rized to borrow money, accept grants and exercise their other
powers to provide housing for farmers of low income as
herein defined. In providing such housing, such housing
authorities shall not be subject to the tenant selection limitations provided in RCW 35.82.090(3). In connection with
such projects, such housing authorities may enter into such
leases or purchase agreements, accept such conveyances and
rent or sell dwellings forming part of such projects to or for
farmers of low income, as such housing authority deems necessary in order to assure the achievement of the objectives of
this chapter. Such leases, agreements or conveyances may
include such covenants as the housing authority deems
appropriate regarding such dwellings and the tracts of land
described in any such instrument, which covenants shall be
deemed to run with the land where the housing authority
deems it necessary and the parties to such instrument so stipulate. Nothing contained in this section shall be construed as
limiting any other powers of any housing authority. [1965 c
7 § 35.82.240. Prior: 1941 c 69 § 1; Rem. Supp. 1941 §
6889-23a. Formerly RCW 74.24.240.]
35.82.250 Housing applications by farmers. The
owner of any farm operated, or worked upon, by farmers of
low income in need of safe and sanitary housing may file an
application with a housing authority of a county requesting
that it provide for a safe and sanitary dwelling or dwellings
for occupancy by such farmers of low income. Such applications shall be received and examined by housing authorities
in connection with the formulation of projects or programs to
provide housing for farmers of low income. [1965 c 7 §
35.82.250. Prior: 1941 c 69 § 2; Rem. Supp. 1941 §
6889-23b. Formerly RCW 74.24.250.]
35.82.250
35.82.260 Farmers of low income. "Farmers of low
income" shall mean persons or families who at the time of
their admission to occupancy in a dwelling of a housing
authority: (1) live under unsafe or insanitary housing conditions; (2) derive their principal income from operating or
working upon a farm; and (3) had an aggregate average
annual net income for the three years preceding their admission that was less than the amount determined by the housing
authority to be necessary, within its area of operation, to
enable them, without financial assistance, to obtain decent,
safe and sanitary housing without overcrowding. [1965 c 7 §
35.82.260. Prior: 1941 c 69 § 3; Rem. Supp. 1941 §
6889-23c. Formerly RCW 74.24.260.]
35.82.260
35.82.270 Powers are additional. The powers conferred by RCW 35.82.240 through 35.82.270 shall be in addition and supplemental to the powers conferred by any other
law, and nothing contained herein shall be construed as limiting any other powers of any housing authority. [1965 c 7 §
35.82.270. Prior: 1941 c 69 § 4; Rem. Supp. 1941 §
6889-23d. Formerly RCW 74.24.270.]
35.82.270
35.82.280 Supplemental projects. Except as limited
by this section, an authority shall have the same powers with
respect to supplemental projects as hereinafter in this section
defined as are now or hereafter granted to it under this chapter with respect to housing projects.
35.82.280
(2008 Ed.)
35.82.300
No funds shall be expended by an authority for a supplemental project except by resolution adopted on notice at a
public hearing as provided by chapter 42.32 RCW, supported
by formal findings of fact incorporated therein, establishing
that:
(1) Low-income housing needs within the area of operation of the authority are being or will be adequately met by
existing programs; and
(2) A surplus of funds will exist after meeting such lowincome housing needs.
Expenditures for supplemental projects shall be limited
to those funds determined to be surplus.
"Supplemental project" for the purposes of this chapter
shall mean any work or undertaking to provide buildings,
land, equipment, facilities, and other real or personal property
for recreational, group home, halfway house or other community purposes which by resolution of the housing authority is
determined to be necessary for the welfare of the community
within its area of operation and to fully accomplish the purposes of this chapter. Such project need not be in conjunction
with the clearing of a slum area under subsection (9)(a) of
RCW 35.82.020 or with the providing of low-income housing under subsection (9)(b) of RCW 35.82.020. [1971 ex.s. c
300 § 2.]
35.82.285 Group homes or halfway houses for
released juveniles or developmentally disabled. Housing
authorities created under this chapter may establish and operate group homes or halfway houses to serve juveniles
released from state juvenile or correctional institutions, or to
serve the developmentally disabled as defined in *RCW
71A.10.020(2). Authorities may contract for the operation of
facilities so established, with qualified nonprofit organizations as agent of the authority. Authorities may provide support or supportive services in facilities serving juveniles, the
developmentally disabled or other persons under a disability,
and the frail elderly, whether or not they are operated by the
authority.
Action under this section shall be taken by the authority
only after a public hearing as provided by chapter 42.30
RCW. In exercising this power the authority shall not be
empowered to acquire property by eminent domain, and the
facilities established shall comply with all zoning, building,
fire, and health regulations and procedures applicable in the
locality. [1991 c 167 § 3; 1973 1st ex.s. c 198 § 2.]
35.82.285
*Reviser’s note: RCW 71A.10.020 was amended by 1998 c 216 § 2,
changing subsection (2) to subsection (3).
Effective date—1973 1st ex.s. c 198: See note following RCW
13.06.050.
35.82.300 Joint housing authorities—Creation
authorized—Contents of ordinances creating—Powers.
This section applies to all cities and counties.
(1) Joint housing authorities are hereby authorized when
the legislative authorities of one or more counties and the legislative authorities of any city or cities within any of those
counties or in another county or counties have authorized
such joint housing authority by ordinance.
(2) The ordinances enacted by the legislative authorities
creating the joint housing authority shall prescribe the number of commissioners, the method for their appointment and
35.82.300
[Title 35 RCW—page 281]
35.82.310
Title 35 RCW: Cities and Towns
length of their terms, the election of officers, and the method
for removal of commissioners.
(3) The ordinances enacted by the legislative authorities
creating the joint housing authority shall prescribe the allocation of all costs of the joint housing authority and any other
matters necessary for the operation of the joint housing
authority.
(4) A joint housing authority shall have all the powers as
prescribed by this chapter for any housing authority. The area
of operation of a joint housing authority shall be the combined areas, defined by RCW 35.82.020(6), of the housing
authorities created in each city and county authorizing the
joint housing authority.
(5) The provisions of RCW 35.82.040 and 35.82.060
shall not apply to a joint housing authority created pursuant to
this section. [2002 c 258 § 1; 1980 c 25 § 1.]
35.82.310 Joint housing authorities—Dissolution.
[(1)] A joint housing authority may be dissolved pursuant to
substantially identical resolutions or ordinances of the legislative authority of each of the counties or cities that previously authorized that joint housing authority. These resolutions or ordinances may authorize the execution of an agreement among the counties, cities, and the joint housing
authority that provides for the timing, distribution of assets,
obligations and liabilities, and other matters deemed necessary or appropriate by the legislative authorities.
(2) Each resolution or ordinance dissolving a joint housing authority shall provide for the following:
(a) Activation or reactivation of a housing authority or
joint housing authority by each of the cities and counties that
previously authorized the joint housing authority and any
additional cities or counties that are then to be added. This
activation or reactivation takes effect upon the dissolution of
the joint housing authority or at an earlier time provided in
the resolutions or ordinances dissolving the joint housing
authority; and
(b) Distribution of all assets, obligations, and liabilities
of the joint housing authority to the housing authorities activated or reactivated under (a) of this subsection. Distribution
of assets, obligations, and liabilities may be based on any, or
a combination of any of, the following considerations:
(i) The population within the boundaries of each of the
housing authorities activated or reactivated under (a) of this
subsection;
(ii) The number of housing units owned by the joint
housing authority within the boundaries of each of the housing authorities activated or reactivated under (a) of this subsection;
(iii) The number of low-income residents within the
boundaries of each of the housing authorities activated or
reactivated under (a) of this subsection;
(iv) The effect of the proposed distribution on the viability of the housing authorities activated or reactivated under
(a) of this subsection; or
(v) Any other reasonable criteria to determine the distribution of assets, obligations, and liabilities.
(3) Each activated or reactivated housing authority shall
be responsible for debt service on bonds or other obligations
issued or incurred to finance the acquisition, construction, or
improvement of the projects, properties, and other assets that
35.82.310
[Title 35 RCW—page 282]
have been distributed to them under the dissolution. However, if an outstanding bond issue is secured in whole or in
part by the general revenues of the joint housing authority
being dissolved, each housing authority activated or reactivated under subsection (2)(a) of this section shall remain
jointly and severally liable for retirement of debt service
through repayment of those outstanding bonds and other obligations of the joint housing authority until paid or defeased,
from general revenues of each of the activated or reactivated
housing authorities, and from any other revenues and
accounts that had been expressly pledged by the joint housing
authority to the payment of those bonds or other obligations.
As used in this subsection, "general revenues" means all revenues of a housing authority from any source, but only to the
extent that those revenues are available to pay debt service on
bonds or other obligations and are not then or thereafter
pledged or restricted by law, regulation, contract, covenant,
resolution, deed of trust, or otherwise, solely to another particular purpose. [2006 c 349 § 12.]
Finding—2006 c 349: See note following RCW 43.185.130.
35.82.320 Deactivation of housing authority—Procedure. A housing authority created under this chapter and
activated by a resolution by the governing body of a city,
town, or county may be deactivated by a resolution by the
city, town, or county. The findings listed in RCW 35.82.030
to activate the housing authority shall be considered prior to
deactivating the housing authority. For the sole purposes of
winding up the affairs of a deactivated housing authority, the
governing body of the city, town, or county may exercise any
power granted to a housing authority under this chapter.
[1987 c 275 § 1.]
35.82.320
35.82.325 Deactivation of housing authority—Distribution of assets. The assets of an authority in the process of
deactivation shall be applied and distributed as follows:
(1) All liabilities and obligations of the authority shall be
paid, satisfied, and discharged, or adequate provision shall be
made therefor;
(2) Assets held by the authority upon condition requiring
return, transfer, or conveyance, which condition occurs by
reason of the deactivation shall be returned, transferred, or
conveyed in accordance with such requirements;
(3) Assets received and held by the authority subject to
limitations permitting their use only for activities purposes
contained in RCW 35.82.070, but not held upon a condition
requiring return, transfer, or conveyance by reason of the
deactivation, shall be transferred or conveyed to the governing body of the city, town, or county and used to engage in
activities contained in RCW 35.82.070;
(4) Other assets, if any, shall be returned to the governing body of the city, town, or county for uses allowed under
state law. [1987 c 275 § 2.]
35.82.325
35.82.330 Chapter not applicable to certain transfers
of property. This chapter does not apply to transfers of property under *sections 1 and 2 of this act. [2006 c 35 § 8.]
35.82.330
*Reviser’s note: The reference to "sections 1 and 2 of this act" appears
to be erroneous. Reference to "sections 2 and 3 of this act" codified as RCW
43.99C.070 and 43.83D.120 was apparently intended.
Findings—2006 c 35: See note following RCW 43.99C.070.
(2008 Ed.)
Housing Cooperation Law
35.82.340 Previously incarcerated individuals—
Rental policies that are not unduly burdensome encouraged. The legislature recognizes that stable, habitable, and
supportive housing is a critical factor that increases a previously incarcerated individual’s access to treatment and services as well as the likelihood of success in the community.
Housing authorities are therefore encouraged to formulate
rental policies that are not unduly burdensome to previously
incarcerated individuals attempting to reenter the community, particularly when the individual’s family may already
reside in government subsidized housing. [2007 c 483 §
603.]
35.82.340
Finding—Intent—2007 c 483: "The legislature finds that, in order to
improve the safety of our communities, more housing needs to be made
available to offenders returning to the community. The legislature intends to
increase the housing available to offenders by providing that landlords who
rent to offenders shall be immune from civil liability for damages that may
result from the criminal conduct of the tenant." [2007 c 483 § 601.]
Findings—Part headings not law—Severability—2007 c 483: See
RCW 72.78.005, 72.78.900, and 72.78.901.
35.82.900 Short title. This chapter shall be known and
may be cited as the "Housing Authorities Law." [1965 c 7 §
35.82.900. Prior: 1939 c 23 § 1.]
35.82.900
35.82.910 Chapter controlling. Insofar as the provisions of this chapter are inconsistent with the provisions of
any other law, the provisions of this chapter shall be controlling. [1965 c 7 § 35.82.910. Prior: 1939 c 23 § 26.]
35.82.910
Chapter 35.83
Chapter 35.83 RCW
HOUSING COOPERATION LAW
Sections
35.83.005
35.83.010
35.83.020
35.83.030
35.83.040
35.83.050
35.83.060
35.83.070
Short title.
Finding and declaration of necessity.
Definitions.
Cooperation in undertaking housing projects.
Agreements as to payments by housing authority.
Advances to housing authority.
Procedure for exercising powers.
Supplemental nature of chapter.
Housing authorities law: Chapter 35.82 RCW.
35.83.005 Short title. This act may be referred to as the
"Housing Cooperation Law." [1965 c 7 § 35.83.005. Prior:
1939 c 24 § 1; RRS § 6889-31.]
35.83.005
35.83.010 Finding and declaration of necessity. It has
been found and declared in the housing authorities law that
there exist in the state unsafe and insanitary housing conditions and a shortage of safe and sanitary dwelling accommodations for persons of low income; that these conditions
necessitate excessive and disproportionate expenditures of
public funds for crime prevention and punishment, public
health and safety, fire and accident protection, and other public services and facilities; and that the public interest requires
the remedying of these conditions. It is hereby found and
declared that the assistance herein provided for the remedying of the conditions set forth in the housing authorities law
constitutes a public use and purpose and an essential governmental function for which public moneys may be spent, and
other aid given; that it is a proper public purpose for any state
35.83.010
(2008 Ed.)
35.83.030
public body to aid any housing authority operating within its
boundaries or jurisdiction or any housing project located
therein, as the state public body derives immediate benefits
and advantages from such an authority or project; and that the
provisions hereinafter enacted are necessary in the public
interest. [1965 c 7 § 35.83.010. Prior: 1939 c 24 § 2; RRS §
6889-32. Formerly RCW 74.28.010.]
35.83.020 Definitions. The following terms, whenever
used or referred to in this chapter shall have the following
respective meanings, unless a different meaning clearly
appears from the context:
(1) "Housing authority" shall mean any housing authority created pursuant to the housing authorities law of this
state.
(2) "Housing project" shall mean any work or undertaking of a housing authority pursuant to the housing authorities
law or any similar work or undertaking of the federal government.
(3) "State public body" shall mean the state of Washington and any city, town, county, municipal corporation, commission, district, authority, other subdivision or public body
of the state.
(4) "Governing body" shall mean the council, the commission, board of county commissioners or other body having charge of the fiscal affairs of the state public body.
(5) "Federal government" shall include the United States
of America, the United States housing authority, or any other
agency or instrumentality, corporate or otherwise, of the
United States of America. [1991 c 167 § 4; 1965 c 7 §
35.83.020. Prior: 1939 c 24 § 3; RRS § 6889-33. Formerly
RCW 74.28.020.]
35.83.020
35.83.030 Cooperation in undertaking housing
projects. For the purpose of aiding and cooperating in the
planning, undertaking, construction or operation of housing
projects located within the area in which it is authorized to
act, any state public body may upon such terms, with or without consideration, as it may determine:
(1) Dedicate, sell, grant, convey, or lease any of its interest in any property, or grant easements, licenses or any other
rights or privileges therein to a housing authority or the federal government;
(2) Cause parks, playgrounds, recreational, community,
educational, water, sewer or drainage facilities, or any other
works which it is otherwise empowered to undertake, to be
furnished adjacent to or in connection with housing projects;
(3) Furnish, dedicate, close, pave, install, grade, regrade,
plan or replan streets, roads, roadways, alleys, sidewalks or
other places which it is otherwise empowered to undertake;
(4) Plan or replan, zone or rezone any part of such state
public body; make exceptions from building regulations and
ordinances; any city or town also may change its map;
(5) Cause services to be furnished to the housing authority of the character which such state public body is otherwise
empowered to furnish;
(6) Enter into agreements with respect to the exercise by
such state public body of its powers relating to the repair,
elimination or closing of unsafe, insanitary or unfit dwellings;
35.83.030
[Title 35 RCW—page 283]
35.83.040
Title 35 RCW: Cities and Towns
(7) Employ (notwithstanding the provisions of any other
law) any funds belonging to or within the control of such
state public body, including funds derived from the sale or
furnishing of property or facilities to a housing authority, in
the purchase of the bonds or other obligations of a housing
authority; and exercise all the rights of any holder of such
bonds or other obligations;
(8) Do any and all things, necessary or convenient to aid
and cooperate in the planning, undertaking, construction or
operation of such housing projects;
(9) Incur the entire expense of any public improvements
made by such state public body in exercising the powers
granted in this chapter;
(10) Enter into agreements (which may extend over any
period, notwithstanding any provision or rule of law to the
contrary), with a housing authority respecting action to be
taken by such state public body pursuant to any of the powers
granted by this chapter. Any law or statute to the contrary
notwithstanding, any sale, conveyance, lease or agreement
provided for in this section may be made by a state public
body without appraisal, advertisement or public bidding:
PROVIDED, There must be five days public notice given
either by posting in three public places or publishing in the
official county newspaper of the county wherein the property
is located; and
(11) With respect to any housing project which a housing
authority has acquired or taken over from the federal government and which the housing authority by resolution has
found and declared to have been constructed in a manner that
will promote the public interest and afford necessary safety,
sanitation and other protection, no state public body shall
require any changes to be made in the housing project or the
manner of its construction or take any other action relating to
such construction. [1991 c 167 § 5; 1965 c 7 § 35.83.030.
Prior: 1939 c 24 § 4; RRS § 6889-34. Formerly RCW
74.28.030.]
be authorized by resolution of the governing body of such
state public body adopted by a majority of the members of its
governing body present at a meeting of said governing body,
which resolution may be adopted at the meeting at which
such resolution is introduced. Such a resolution or resolutions
shall take effect immediately and need not be laid over or
published or posted. [1965 c 7 § 35.83.060. Prior: 1939 c 24
§ 7; RRS § 6889-37. Formerly RCW 74.28.060.]
35.83.040 Agreements as to payments by housing
authority. In connection with any housing project located
wholly or partly within the area in which it is authorized to
act, any state public body may agree with a housing authority
or the federal government that a certain sum (in no event to
exceed the amount last levied as the annual tax of such state
public body upon the property included in said project prior
to the time of its acquisition by the housing authority) or that
no sum, shall be paid by the authority in lieu of taxes for any
year or period of years. [1965 c 7 § 35.83.040. Prior: 1939 c
24 § 5; RRS § 6889-35. Formerly RCW 74.28.040.]
35.84.020 Electric energy facilities—Right to
acquire. Every city or town owning its own electric power
and light plant may acquire, construct, purchase, condemn
and purchase, own, operate, control, add to and maintain
lands, easements, rights-of-way, franchises, distribution systems, substations, inter-tie or transmission lines, to enable it
to use, purchase, sell, and dispose of electric energy inside or
outside its corporate limits, or to connect its electric plant
with any other electric plant or system, or to connect parts of
its own electric system. [1965 c 7 § 35.84.020. Prior: 1933 c
51 § 2; RRS § 9209-2.]
35.83.050 Advances to housing authority. Any city,
town, or county located in whole or in part within the area of
operation of a housing authority shall have the power from
time to time to lend or donate money to such authority or to
agree to take such action. Such housing authority, when it has
money available therefor, shall make reimbursements for all
such loans made to it. [1965 c 7 § 35.83.050. Prior: 1939 c
24 § 6; RRS § 6889-36. Formerly RCW 74.28.050.]
35.84.030 Limitation on right of eminent domain.
Every city or town owning its own electric power and light
plant may exercise the power of eminent domain as provided
by law for the condemnation of private property for any of
the corporate uses or purposes of the city or town: PROVIDED, That no city or town shall acquire, by purchase or
condemnation, any publicly or privately owned electric
power and light plant or electric system located in any other
city or town except with the approval of a majority of the
qualified electors of the city or town in which the property to
be acquired is situated; nor shall any city or town acquire by
35.83.070 Supplemental nature of chapter. The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law. [1965 c 7 §
35.83.070. Prior: 1939 c 24 § 8; RRS § 6889-39. Formerly
RCW 74.28.070.]
35.83.070
Chapter 35.84
Chapter 35.84 RCW
UTILITY AND OTHER SERVICES
BEYOND CITY LIMITS
Sections
35.84.010
35.84.020
35.84.030
35.84.040
35.84.050
35.84.060
Electric energy—Sale of—Purchase.
Electric energy facilities—Right to acquire.
Limitation on right of eminent domain.
Fire apparatus—Use beyond city limits.
Fireman injured outside corporate limits.
Street railway extensions.
35.84.010 Electric energy—Sale of—Purchase.
Every city or town owning its own electric power and light
plant, shall have the right to sell and dispose of electric
energy to any other city or town, public utility district, governmental agency, or municipal corporation, mutual association, or to any person, firm, or corporation, inside or outside
its corporate limits, and to purchase electric energy therefrom. [1965 c 7 § 35.84.010. Prior: 1933 c 51 § 1; RRS §
9209-1.]
35.84.010
Reduced utility rates for low-income senior citizens and other low-income
citizens: RCW 74.38.070.
35.83.040
35.84.020
35.83.050
35.83.060 Procedure for exercising powers. The exercise by a state public body of the powers herein granted may
35.83.060
[Title 35 RCW—page 284]
35.84.030
(2008 Ed.)
Viaducts, Elevated Roadways, Tunnels and Subways
condemnation the electric power and light plant or electric
system, or any part thereof, belonging to or owned or operated by any municipal corporation, mutual, nonprofit, or
cooperative association or organization, or by a public utility
district. [1965 c 7 § 35.84.030. Prior: 1933 c 51 § 3; RRS §
9209-3.]
Eminent domain by cities: Chapter 8.12 RCW.
35.84.040 Fire apparatus—Use beyond city limits.
Every municipal corporation which owns, operates, or maintains fire apparatus and equipment may permit, under conditions prescribed by the governing body of such corporation,
such equipment and the personnel operating the same to go
outside of the corporate limits of such municipality for the
purpose of extinguishing or aiding in the extinguishing or
control of fires. Any use made of such equipment or personnel under the authority of this section shall be deemed an
exercise of a governmental function of such municipal corporation. [1965 c 7 § 35.84.040. Prior: 1941 c 96 § 1; Rem.
Supp. 1941 § 9213-9.]
35.84.040
35.84.050 Fireman injured outside corporate limits.
Whenever a fireman engages in any duty outside the limits of
such municipality, such duty shall be considered as part of his
duty as fireman for the municipality, and a fireman who is
injured while engaged in such duties outside the limits of the
municipality shall be entitled to the same benefits that he or
his family would be entitled to receive had he been injured
within the municipality. [1965 c 7 § 35.84.050. Prior: 1941
c 96 § 2; Rem. Supp. 1941 § 9563-1.]
35.84.050
35.84.060 Street railway extensions. Every municipal
corporation which owns or operates an urban public transportation system as defined in RCW 47.04.082 within its corporate limits may acquire, construct, extend, own, or operate
such urban public transportation system to any point or points
not to exceed fifteen miles outside of its corporate limits:
PROVIDED, That no municipal corporation shall extend its
urban public transportation system beyond its corporate limits to operate in any territory already served by a privately
operated auto transportation company holding a certificate of
public convenience and necessity from the utilities and transportation commission.
As a condition of receiving state funding, the municipal
corporation shall submit a maintenance management plan for
certification by the transportation commission or its successor entity. The plan must inventory all transportation system
assets within the direction and control of the municipality,
and provide a preservation plan based on lowest life-cycle
cost methodologies. [2003 c 363 § 302; 1969 ex.s. c 281 §
26; 1965 c 7 § 35.84.060. Prior: 1919 c 138 § 1; 1917 c 59 §
1; RRS § 9213.]
35.84.060
Finding—Intent—2003 c 363: "The legislature finds that roads,
streets, bridges, and highways in the state represent public assets worth over
one hundred billion dollars. These investments require regular maintenance
and preservation, or rehabilitation, to provide cost-effective transportation
services. Many of these facilities are in poor condition. Given the magnitude of public investment and the importance of safe, reliable roadways to
the motoring public, the legislature intends to create stronger accountability
to ensure that cost-effective maintenance and preservation is provided for
these transportation facilities." [2003 c 363 § 301.]
(2008 Ed.)
35.85.020
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
Chapter 35.85
Chapter 35.85 RCW
VIADUCTS, ELEVATED ROADWAYS,
TUNNELS AND SUBWAYS
Sections
35.85.010
35.85.020
35.85.030
35.85.040
35.85.050
35.85.060
35.85.070
35.85.080
Authority to construct viaducts, bridges, elevated roadways,
etc.
Assessment district—Resolution—Hearing—Ordinance
ordering improvement.
Limit of assessment—Lien—Priority.
Operation by city—Leases—Use of income.
Authority to construct tunnels and subways.
Procedure.
Assessments—Bonds.
Construction of chapter.
35.85.010 Authority to construct viaducts, bridges,
elevated roadways, etc. Any city of the first class shall have
power to provide for the construction, maintenance and operation upon public streets and upon the extensions and connections thereof over intervening tidelands to and across any
harbor reserves, waterways, canals, rivers, natural watercourses and other channels, any bridges, drawbridges, viaducts, elevated roadways and tunnels or any combination
thereof together with all necessary approaches thereto, with
or without street railway tracks thereon or therein, and to
make any and all necessary cuts, fills, or other construction,
upon, in, or along such streets and approaches as a part of any
such improvement, and to order any and all work to be done
which shall be necessary to complete any such improvement.
The word "approaches" as used in this section shall include
any arterial highway or highways or streets connecting with
any such bridge, drawbridge, viaduct, elevated roadway or
tunnel, or combination thereof, which are necessary to give
convenient access thereto or therefrom from any portion of
the improvement district which may be specially benefited by
such improvement and which is liable to assessment for such
improvement.
Whenever it is desired to pay the whole or any portion of
the cost and expense of any such improvement by special
assessments, the council or other legislative body of such city
shall in the ordinance ordering such improvement fix and
establish the boundaries of the improvement district, the
property within which is to bear such assessment, which district shall include as near as may be, all the property specially
benefited by such improvement. [1965 c 7 § 35.85.010.
Prior: 1911 c 103 § 1; 1909 ex.s. c 14 § 1; RRS § 9001.]
35.85.010
First-class cities, generally: Chapter 35.22 RCW.
35.85.020 Assessment district—Resolution—Hearing—Ordinance ordering improvement. Any such
improvement may be initiated by the city council, or other
legislative body, by a resolution, declaring its intention to
order such improvement, which resolution shall set forth the
nature and territorial extent of such proposed improvement,
shall specify and describe the boundaries of the proposed
improvement district and notify all persons who may desire
to object thereto to appear and present such objections at a
meeting of the council specified in such resolution and directing the board of public works, or other proper board, officer,
35.85.020
[Title 35 RCW—page 285]
35.85.030
Title 35 RCW: Cities and Towns
or authority of the city, to submit to such council at or prior to
the date fixed for such hearing the estimated cost and expense
of the improvement, and a statement of the proportionate
amount thereof which should be borne by the property within
the proposed improvement district, and a statement of the
aggregate assessed valuation of the real property exclusive of
improvements, within said district, according to the valuation
last placed upon it for purposes of general taxation. Such resolution shall be published in at least two consecutive issues of
the official newspaper of the city, the date of the first publication to be at least thirty days prior to the date fixed by the resolution for hearing before the council.
Upon such hearing, or upon any adjournment thereof, the
council shall have power to amend, change, extend, or contract the boundaries of the proposed improvement district as
specified in the resolution, and to consider and determine all
matters in relation to the proposed improvement, and, upon
the conclusion of the hearing, or any adjournment thereof,
shall have power by ordinance to order the improvement to
be made and to adopt, fix and establish the boundaries of the
improvement district. The action of such council in ordering
such improvement, or in abandoning it, and in fixing and
establishing the boundaries of the improvement district shall
be final and conclusive. Any such ordinance may be passed
upon majority vote of the council or other legislative body of
the city.
Such ordinance may provide for the construction of the
improvement in sections, the letting of separate contracts for
each such section, and, in case the same is made in sections,
separate assessment rolls to defray the cost and expense of
any such section of such improvement may be prepared, and
the amounts thereon appearing as finally determined, may be
levied and assessed against real property within the improvement district. The provisions of law, charter and ordinance of
any such city, relating to supplemental assessments, reassessments and omitted property shall be applicable to any
improvement authorized in this chapter.
The city council, or other legislative body of such city,
shall by general ordinance, make provision for hearing any
objections in writing, to any assessment roll for such
improvement, filed with the city clerk or comptroller at a
prior date to the hearing thereon. Any right of appeal to the
superior court provided by law to be taken from any local
improvement assessment levied and assessed by any such
city, may be exercised, within the time and in the manner
therein provided, by any person so objecting to any assessment levied and assessed for any improvement authorized in
this chapter. [1965 c 7 § 35.85.020. Prior: 1911 c 103 § 2;
1909 ex.s. c 14 § 2; RRS § 9002.]
Appeal from local improvement district assessments: RCW 35.44.200
through 35.44.270.
35.85.030 Limit of assessment—Lien—Priority. The
city council may prescribe by general ordinance, the mode
and manner in which the charge upon property in such local
improvement district shall be assessed and determined for the
purpose of paying the cost and expense of establishing and
constructing such improvement: PROVIDED, That no
assessment shall be levied on any such district, the aggregate
of which is a greater sum than twenty-five percent of the
assessed value of all the real property in such district accord35.85.030
[Title 35 RCW—page 286]
ing to the last equalized assessment thereof for general taxation: PROVIDED FURTHER, That there shall be, in all
cases, an opportunity for a hearing upon objections to the
assessment roll by the parties affected thereby, before the
council as a board of equalization, which hearing shall be
after publication of a reasonable notice thereof, such notice to
be published in such manner and for such time as may be prescribed by ordinance. At such hearing, or at legal adjournments thereof, such changes may be made in the assessment
roll as the city council may find necessary to make the same
just and equitable. Railroad rights-of-way shall be assessed
for such benefits as shall inure or accrue to the owners, lessees, or operators of the same, resulting or to result from the
construction and maintenance of any such improvement,
whether such rights-of-way lie within the limits of any street
or highway or not; such assessment to lie against the franchise rights when such right-of-way is within such street or
highway.
When the assessment roll has been finally confirmed by
the city council, the charges therein made shall be and
become a lien against the property or franchise therein
described, paramount to all other liens (except liens for
assessments and taxes) upon the property assessed from the
time the assessment roll shall be placed in the hands of the
collector. [1965 c 7 § 35.85.030. Prior: 1909 ex.s. c 14 § 3;
RRS § 9003.]
35.85.040
35.85.040 Operation by city—Leases—Use of
income. As a part of the original construction of any
improvement herein authorized, or afterward as an alteration
or renewal thereof, any such city, notwithstanding any charter provision to the contrary, may, at its own cost, construct,
maintain and operate street railway tracks in the roadway
thereof, and may provide electric power for the propulsion of
cars, and may lease the use of such tracks and power for the
operation of streetcars or interurban railways; or such city
may authorize any operator of the street or interurban railways to construct and furnish such street railway tracks and
electric power and use the same for street or interurban purposes, under lease or franchise ordinance: PROVIDED, That
no such lease or franchise shall be exclusive, but shall at all
times reserve the right to the city to permit other lines of
street or interurban railway to use such street railway tracks
in common with any preceding lessee or grantee, upon equal
terms. The rate of lease or use of such street railway tracks for
streets or interurban cars shall be as fixed by the legislative
authority of the city, but shall not be less than one mill for
each passenger carried, or ten cents for each freight car
moved over such improvement. The income from such
charges, rental and leasing shall be used wholly for the maintenance, repair and betterment of said improvement and the
extinguishment of any debt incurred by the city in constructing it. [1965 c 7 § 35.85.040. Prior: 1909 ex.s. c 14 § 4; RRS
§ 9004.]
35.85.050
35.85.050 Authority to construct tunnels and subways. Any city of the first class shall have power to provide
for the construction, maintenance and operation within such
city of tunnels, subways, or both, with or without roadways,
sidewalks, street railway tracks or any combination thereof
(2008 Ed.)
Off-Street Parking Facilities
therein, together with all necessary approaches thereto; and to
order any and all work to be done which shall be necessary to
complete any such improvement. The word "approaches," as
used in this section, shall include any arterial highway or
highways or streets connecting with any such tunnel or subway which may be necessary to give convenient access
thereto or therefrom from any portion of the improvement
district which may be specially benefited by such improvement, and which is liable to assessment for such improvement.
Whenever it is desired to pay the whole or any portion of
the cost and expense of any such improvement by special
assessments, the council or other legislative body of such city
shall, in the ordinance ordering such improvement, fix and
establish the boundaries of the improvement district, the
property in which is to bear such assessment, which district
shall include as near as may be all the property specially benefited by such improvement. [1965 c 7 § 35.85.050. Prior:
1925 ex.s. c 168 § 1; RRS § 9005-1.]
35.86.020
street parking space and facilities located on land dedicated
for park or civic center purposes, or on other municipallyowned land where the primary purpose of such off-street
parking facility is to provide parking for persons who use
such park or civic center facilities. In addition a city may own
other off-street parking facilities and operate them in accordance with RCW 35.86A.120. [1997 c 361 § 16; 1975 1st
ex.s. c 221 § 1; 1967 ex.s. c 144 § 13; 1965 c 7 § 35.86.010.
Prior: 1961 c 186 § 1; 1959 c 302 § 1.]
Severability—1975 1st ex.s. c 221: "If any provision of this 1975
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975 1st ex.s. c 221 § 5.]
Severability—1967 ex.s. c 144: See note following RCW 36.900.030.
Off-street parking space and facilities in towns: RCW 35.27.550 through
35.27.600.
Public parks in or beneath off-street parking space or facilities—Revenue
bond financing—Special funds—Use of off-street and on-street parking
revenues: RCW 35.41.010.
35.86.020 Financing. In order to provide for off-street
parking space and/or facilities, such cities are authorized, in
addition to the powers already possessed by them for financing public improvements, to finance their acquisition and
construction through the issuance and sale of revenue bonds
or general obligation bonds or both. Any bonds issued by
such cities pursuant to this section shall be issued in the manner and within the limitations prescribed by the Constitution
and the laws of this state.
In addition local improvement districts may be created
and their financing procedures used for this purpose in accordance with the provisions of Title 35 RCW as now or hereafter amended.
Such cities may authorize and finance the economic and
physical surveys and plans, acquisition and construction, for
off-street parking spaces and facilities, and the maintenance
and management of such off-street parking spaces and facilities either within their general budget or by issuing revenue
bonds or general obligation bonds or both.
General obligation bonds issued hereunder may additionally be made payable from any otherwise unpledged revenue, fees or charges which may be derived from the ownership, operation, lease or license of off-street parking space or
facilities or which may be derived from the license of onstreet parking space.
Such cities may, in addition to utilizing the pledging revenues from off-street parking spaces and facilities, utilize and
pledge revenues from on-street parking meters in exercising
any of the powers provided by this chapter, including the
financing of economic and physical surveys and plans, acquisition, and construction, for off-street parking facilities, the
maintenance and management thereof, and for the payment
of debt service of revenue bonds issued therefor.
In the event revenue bonds are issued, such cities are
authorized to make such covenants pertaining to the continued maintenance of on-street and/or off-street parking spaces
and facilities and the fixing of rates and charges for the use
thereof as are deemed necessary to effectuate the sale of such
revenue bonds. [1969 ex.s. c 204 § 14; 1967 ex.s. c 144 § 14;
1965 c 7 § 35.86.020. Prior: 1961 c 186 § 2; 1959 c 302 § 2.]
35.86.020
35.85.060 Procedure. Any such improvement may be
initiated and assessments therefor determined and levied as
prescribed in RCW 35.85.020 to 35.85.040, inclusive. [1965
c 7 § 35.85.060. Prior: 1925 ex.s. c 168 § 2; RRS § 9005-2.]
35.85.060
35.85.070 Assessments—Bonds. Any assessments so
levied shall be collected, and bonds may be issued for the
payment of the whole or any part of the cost of such improvement, in the manner now or hereafter provided for the collection of assessments and the issuance of bonds for other local
improvements. [1965 c 7 § 35.85.070. Prior: 1925 ex.s. c
168 § 3; RRS § 9005-3.]
35.85.070
35.85.080 Construction of chapter. The provisions
and remedies provided by this chapter are cumulative of
existing provisions and remedies, and nothing herein contained shall be held to repeal any provision of the existing law
or of any charter of any city upon the subject matter thereof,
but such existing law or charter provision shall continue in
full force and effect, and it shall be optional with the city
authorities to proceed under either such existing law, charter
provision or this chapter. [1965 c 7 § 35.85.080. Prior: (i)
1909 ex.s. c 14 § 5; RRS § 9005. (ii) 1925 ex.s. c 168 § 4;
RRS § 9005-4.]
35.85.080
Chapter 35.86
Chapter 35.86 RCW
OFF-STREET PARKING FACILITIES
Sections
35.86.010
35.86.020
35.86.030
35.86.040
35.86.045
35.86.050
35.86.060
35.86.080
35.86.910
Space and facilities authorized.
Financing.
Acquisition and disposition of real property.
Operation—Leasing.
Operation of parking facilities by cities prohibited, exception—Bid requirements and procedure.
Procedure to establish—Plan, surveys, hearings.
Maximum parking fee schedule.
Leasing for store space in lieu of undesirable off-street parking
facility.
Chapter prevails over inconsistent laws.
35.86.010 Space and facilities authorized. Cities of
the first and second classes are authorized to provide off35.86.010
(2008 Ed.)
Severability—1969 ex.s. c 204: See note following RCW 35.86A.010.
[Title 35 RCW—page 287]
35.86.030
Title 35 RCW: Cities and Towns
Severability—1967 ex.s. c 144: See note following RCW 36.900.030.
Public parks in or beneath off-street parking space or facilities—Revenue
bond financing—Special funds—Use of off-street and on-street parking
revenues: RCW 35.41.010.
35.86.030 Acquisition and disposition of real property. Such cities are authorized to obtain by lease, purchase,
donation and/or gift, or by eminent domain in the manner
provided by law for the exercise of this power by cities, such
real property for off-street parking as the legislative bodies
thereof determine to be necessary by ordinance. Such property or any fraction or fractions thereof may be sold, transferred, exchanged, leased, or otherwise disposed of by the
city when its legislative body has determined by ordinance
such property or fraction or fractions thereof is no longer necessary for off-street parking purposes. [1965 c 7 § 35.86.030.
Prior: 1961 c 186 § 3; 1959 c 302 § 3.]
35.86.030
Eminent domain by cities: Chapter 8.12 RCW.
35.86.040 Operation—Leasing. Such cities are authorized to establish the method of operation of off-street parking space and/or facilities by ordinance, which may include
leasing or municipal operation. [1975 1st ex.s. c 221 § 2;
1969 ex.s. c 204 § 13; 1965 c 7 § 35.86.040. Prior: 1959 c
302 § 4.]
35.86.040
Severability—1975 1st ex.s. c 221: See note following RCW
35.86.010.
Severability—1969 ex.s. c 204: See note following RCW 35.86A.010.
35.86.045 Operation of parking facilities by cities
prohibited, exception—Bid requirements and procedure.
See RCW 35.86A.120.
35.86.045
35.86.050 Procedure to establish—Plan, surveys,
hearings. In the establishment of off-street parking space
and/or facilities, cities shall proceed with the development of
the plan therefor by making such economic and physical surveys as are necessary, shall prepare comprehensive plans
therefor, and shall hold a public hearing thereon prior to the
adoption of any ordinances relating to the leasing or acquisition of property and providing for the financing thereof for
this purpose. [1965 c 7 § 35.86.050. Prior: 1959 c 302 § 5.]
35.86.050
35.86.060 Maximum parking fee schedule. The lease
referred to in RCW 35.86.040 shall specify a schedule of
maximum parking fees which the operator may charge. This
maximum parking fee schedule may be modified from time
to time by agreement of the city and the operator. [1965 c 7
§ 35.86.060. Prior: 1959 c 302 § 6.]
35.86.060
35.86.080 Leasing for store space in lieu of undesirable off-street parking facility. Cities are expressly authorized to lease space which would otherwise be wasted in an
off-street parking facility for store space, both for the
enhancement of civic beauty and aesthetic values and for revenue which such leasing can provide. [1965 c 7 § 35.86.080.
Prior: 1961 c 186 § 4.]
35.86.080
35.86.910 Chapter prevails over inconsistent laws.
Insofar as the provisions of this chapter are inconsistent with
35.86.910
[Title 35 RCW—page 288]
the provisions of any other law, the provisions of this chapter
shall be controlling. [1965 c 7 § 35.86.910. Prior: 1959 c 302
§ 9.]
Chapter 35.86A
Chapter 35.86A RCW
OFF-STREET PARKING—
PARKING COMMISSIONS
Sections
35.86A.010
35.86A.020
35.86A.030
35.86A.040
35.86A.050
35.86A.060
35.86A.070
35.86A.080
35.86A.090
35.86A.100
35.86A.110
35.86A.120
Declaration.
Authority of cities of first and second class to establish parking facilities through parking commissions.
Definitions.
Ownership, control, and use of parking facilities.
Parking commission—Creation authorized—Purpose—
Membership—Terms—Vacancies—Expenses.
Parking commission—Chairman—Rules—Resolutions.
Powers and authority of parking commission.
New off-street parking facilities—Powers of parking commission and city council.
Powers of cities.
Disposition of revenues—Expenditure procedure.
Excise tax to reimburse taxing authorities for loss of property
tax revenue.
Operation of parking facilities—Bid requirements and procedure.
35.86A.010 Declaration. It is hereby determined and
declared:
(1) The free circulation of traffic of all kinds through our
cities is necessary to the health, safety and general welfare of
the public, whether residing in, traveling to or through the cities of this state;
(2) The most efficient use of the street and highway system requires availability of strategically located parking for
vehicles in localities where large numbers of persons congregate;
(3) An expanding suburban population has increased
demands for further concentration of uses in central metropolitan areas, necessitating an increasing investment in
streets and highways;
(4) On-street parking is now inadequate, and becomes
increasingly an inefficient and uneconomical method for
temporary storage of vehicles in commercial, industrial and
high-density residential areas, causing such immediate
adverse consequences as the following, among others:
(a) Serious traffic congestion from on-street parking,
which interferes with use of streets for travel, disrupts public
surface transportation at peak hours, impedes rapid and effective fighting of fires and disposition of police forces, slows
emergency vehicles, and inflicts hardship upon handicapped
persons and others dependent upon private vehicles for transportation;
(b) On-street parking absorbs right-of-way useful and
usable for travel;
(c) On-street parking reduces the space available for
truck and passenger loading for the abutting properties, hinders ready access, and impedes cleaning of streets;
(d) Inability to temporarily store automobiles has discouraged the public from travel to and within our cities, from
congregating at public events, and from using public facilities.
(5) Insufficient off-street parking has had long-range
results, as the following, among others:
35.86A.010
(2008 Ed.)
Off-Street Parking—Parking Commissions
(a) Metropolitan street and highway systems have lost
efficiency and the free circulation of traffic and persons has
been impaired;
(b) The growth and development of metropolitan areas
has been retarded;
(c) Business, industry, and housing has become unnecessarily and uneconomically dispersed;
(d) Limited and valuable land area is under used.
All of which cause loss of payrolls, business and productivity, and property values, with resulting impairment of the
public health, safety and welfare, the utility of our streets and
highways, and tax revenues;
(6) Establishment of public off-street parking facilities
will promote the public health, safety, convenience, and welfare, by:
(a) Expediting the movement of the public, and of goods
in metropolitan areas, alleviating traffic congestion, and preserving the large investment in streets and highways;
(b) Permitting a greater use of public facilities, congregation of the public, and more intensive development of private property within the community;
(7) Establishment of public off-street parking is a necessary ancillary to and extension of an efficient street and highway system in metropolitan areas, as much so as a station or
terminal is to a railroad or urban transit line;
(8) Public off-street parking facilities, open to the public
and owned by a city or town, are and remain a public use and
a public function, irrespective of whether:
(a) Parking fees are charged to users;
(b) The management or operation of one or more parking
facilities is conducted by a public agency, or under contract
or lease by private enterprise; or
(c) A portion of the facilities is used for commercial,
store or automobile accessory purposes;
(9) Public parking facilities under the control of a parking commission are appropriately treated differently from
other parking facilities of a city. [1969 ex.s. c 204 § 1.]
Severability—1969 ex.s. c 204: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1969 ex.s. c 204 § 15.]
35.86A.020 Authority of cities of first and second
class to establish parking facilities through parking commissions. Cities of the first and second class are authorized
and empowered to establish and maintain public off-street
parking facilities through a parking commission; the use of
property and property rights for such purpose is declared to
be a public use; and parking facilities under the control of
such parking commission shall be governed by the provisions
of this chapter. [1994 c 81 § 64; 1969 ex.s. c 204 § 2.]
35.86A.020
35.86A.030 Definitions. (1) "Parking facilities" means
lots, garages, parking terminals, buildings and structures and
accommodations for parking of motor vehicles off the street
or highway, open to public use, with or without charge.
(2) "Parking commission" shall mean the department or
agency created by the legislative authority of the municipality as hereinafter provided.
(3) "City council" shall mean the city council or legislative authority of the municipality.
35.86A.030
(2008 Ed.)
35.86A.070
(4) "Mayor" shall mean the chief executive officer of the
municipality. [1969 ex.s. c 204 § 3.]
35.86A.040 Ownership, control, and use of parking
facilities. Parking facilities established pursuant to this chapter shall be owned by the city, under the control of the parking commission (unless relinquished), and for the use of the
public. The provisions of chapter 35.86 RCW as now or hereafter amended shall not apply to such parking facilities or
other facilities under parking commission control. [1969
ex.s. c 204 § 4.]
35.86A.040
35.86A.050 Parking commission—Creation authorized—Purpose—Membership—Terms—Vacancies—
Expenses. Any city of the first or second class may by ordinance create a parking commission for the purpose of establishing and operating off-street parking facilities.
Such parking commission shall consist of five members
appointed by the mayor and confirmed by the city council,
who shall serve without compensation but may be reimbursed for necessary expenses. One member of the parking
commission shall be selected from among persons actively
engaged in the private parking industry, if available.
Three of those first appointed shall be designated to
serve for one, two, and three years respectively, and two shall
be designated to serve four years. The terms for all subsequently appointed members shall be four years. In event of
any vacancy, the mayor, subject to confirmation of the city
council, shall make appointments to fill the unexpired portion
of the term.
A member may be reappointed, and shall hold office
until his or her successor has been appointed and has qualified. Members may be removed by the mayor upon consent
of the city council. [1994 c 81 § 65; 1969 ex.s. c 204 § 5.]
35.86A.050
35.86A.060 Parking commission—Chairman—
Rules—Resolutions. The parking commission shall select
from its members a chairman, and may establish its own
rules, regulations and procedures not inconsistent with this
chapter. No resolution shall be adopted by the parking commission except upon the concurrence of at least three members. [1969 ex.s. c 204 § 6.]
35.86A.060
35.86A.070 Powers and authority of parking commission. The parking commission is authorized and empowered, in the name of the municipality by resolution to:
(1) Own and acquire property and property rights by purchase, gift, devise, or lease for the construction, maintenance,
or operation of off-street parking facilities, or for effectuating
the purpose of this chapter; and accept grants-in-aid, including compliance with conditions attached thereto;
(2) Construct, maintain, and operate off-street parking
facilities located on land dedicated for park or civic center
purposes, or on other municipally-owned land where the primary purpose of such off-street parking facility is to provide
parking for persons who use such park or civic center facilities, and undertake research, and prepare plans incidental
thereto subject to applicable statutes and charter provisions
for municipal purchases, expenditures, and improvements;
and in addition may own other off-street parking facilities
35.86A.070
[Title 35 RCW—page 289]
35.86A.080
Title 35 RCW: Cities and Towns
and operate them in accordance with RCW 35.86A.120:
PROVIDED, That the provisions of chapter 35.86 RCW as
now or hereafter amended shall not apply to such construction, operation or maintenance;
(3) Establish and collect parking fees, require that
receipts be provided for parking fees, make exemption for
handicapped persons, lease space for commercial, store,
advertising or automobile accessory purposes, and regulate
prices and service charges, for use of and within and the
aerial space over parking facilities under its control;
(4) Subject to applicable city civil service provisions,
provide for the appointment, removal and control of officers
and employees, and prescribe their duties and compensation,
and to control all equipment and property under the commission’s jurisdiction;
(5) Contract with private persons and organizations for
the management and/or operation of parking facilities under
its control, and services related thereto, including leasing of
such facilities or portions thereof;
(6) Cause construction of parking facilities as a condition
of an operating agreement or lease, derived through competitive bidding, or in the manner authorized by chapter 35.42
RCW;
(7) Execute and accept instruments, including deeds,
necessary or convenient for the carrying on of its business;
acquire rights to develop parking facilities over or under city
property; and to contract to operate and manage parking facilities under the jurisdiction of other city departments or divisions and of other public bodies;
(8) Determine the need for and recommend to the city
council:
(a) The establishment of local improvement districts to
pay the cost of parking facilities or any part thereof;
(b) The issuance of bonds or other financing by the city
for construction of parking facilities;
(c) The acquisition of property and property rights by
condemnation from the public, or in street areas;
(9) Transfer its control of property to the city and liquidate its affairs, so long as such transfer does not contravene
any covenant or agreement made with the holders of bonds or
other creditors; and
(10) Require payment of the excise tax hereinafter provided.
Parking fees for parking facilities under the control of
the parking commission shall be maintained commensurate
with and neither higher nor lower than prevailing rates for
parking charged by commercial operators in the general area.
[1980 c 127 § 1; 1975 1st ex.s. c 221 § 3; 1969 ex.s. c 204 §
7.]
Severability—1975 1st ex.s. c 221: See note following RCW
35.86.010.
35.86A.080 New off-street parking facilities—Powers of parking commission and city council. (1) Whenever
the parking commission intends to construct new off-street
parking facilities it shall:
(a) Prepare plans for such proposed development, which
shall meet the approval of the planning commission, other
appropriate city planning agency, or city council;
(b) Prepare a report to the city council stating the proposed method of financing and property acquisition;
35.86A.080
[Title 35 RCW—page 290]
(c) Specify the property rights, if any, to be secured from
the public or of property devoted to public use; the uses of
streets necessary therefor, or realignment or vacation of
streets and alleys; the relocation of street utilities; and any
street area to be occupied or closed during construction.
(2) In the event the proposed parking facility shall
require:
(a) Creation of a local improvement district;
(b) Issuance of bonds, allocation or appropriation of
municipal revenues from other sources, or guarantees of or
use of the credit of the municipality;
(c) Exercise of the power of eminent domain; or
(d) Use of, or vacation, realignment of streets and alleys,
or relocation of municipal utilities.
One or more public hearings shall be held thereon before
the city council, or an assigned committee thereof, which
shall report its recommendations to be approved, revised, or
rejected by the city council. Such hearings may be consolidated with any required hearings for street vacations, or creation of a local improvement district. Pursuant to such hearing, the city council may:
(1) Create a local improvement district to finance all or
part of the parking facility, in accordance with Title 35 RCW,
as now existing or hereinafter amended: PROVIDED,
HOWEVER, That assessments against property within the
district may be measured per lot, per square foot, by property
valuation, or any other method as fairly reflects the special
benefits derived therefrom, and credit in calculating the
assessment may be allowed for property rights or services
performed;
(2) Provide for issuance of revenue bonds payable from
revenues of the proposed parking facility, from other offstreet parking facilities, on-street meter collections, or allocations of other sources of funds; issue general obligation
bonds; make reimbursable or nonrefundable appropriations
from the general fund, or reserves; and/or guarantee bonds
issued or otherwise pledge the city’s credit, all in such combination, and under such terms and conditions as the city
council shall specify;
(3) Authorize acquisition of the necessary property and
property rights by eminent domain proceedings, in the manner authorized by law for cities in Title 8 RCW: PROVIDED, That the city council shall first determine that the
proposed parking facility will promote the circulation of traffic or the more convenient or efficient use by the public of
streets or public facilities in the immediate area than would
exist if the proposed parking facility were not provided, or
that the parking facility otherwise enhances the public health,
safety and welfare; and
(4) Authorize and execute the necessary transfer or control of property rights; vacate or realign streets and alleys or
permit uses within the same; and direct relocation of street
utilities.
In event none of the four above powers need be exercised, the city council’s approval of construction plans shall
be deemed full authority to construct and complete the parking facility. [1969 ex.s. c 204 § 8.]
35.86A.090 Powers of cities. The city may:
35.86A.090
(2008 Ed.)
Parking Facilities—Conveyance of Land For in Cities Over Three Hundred Thousand
(1) Transfer control of off-street parking facilities under
other departments to the parking commission under such conditions as deemed appropriate;
(2) Issue revenue bonds pursuant to chapter 35.41 RCW,
and RCW *35.24.305, and 35.81.100 as now or hereafter
amended, and such other statutes as may authorize such
bonds for parking facilities authorized herein;
(3) Issue general obligation bonds pursuant to chapters
39.44, 39.52 RCW, and RCW 35.81.115 as now or hereafter
amended, and such other statutes and applicable provisions of
the state Constitution that may authorize such bonds for parking facilities authorized herein;
(4) Appropriate funds for the parking commission; and
(5) Enact such ordinances as may be necessary to carry
out the provisions of this chapter, notwithstanding any charter provisions to the contrary. [1969 ex.s. c 204 § 9.]
*Reviser’s note: RCW 35.24.305 was recodified as RCW 35.23.454
pursuant to 1994 c 81 § 90.
35.86A.100 Disposition of revenues—Expenditure
procedure. All revenues received shall be paid to the municipal treasurer for the credit of the general fund, or such other
funds as may be provided by ordinance.
Expenditures of the parking commission shall be made
in accordance with the budget adopted by the municipality
pursuant to chapter 35.32A RCW. [1969 ex.s. c 204 § 10.]
35.86A.100
35.86A.110 Excise tax to reimburse taxing authorities for loss of property tax revenue. Such cities shall pay
to the county treasurer an annual excise tax equal to the
amount which would be paid upon real property devoted to
the purpose of off-street parking, were it in private ownership. This section shall apply to parking facilities acquired
and/or operated under this chapter. The proceeds of such
excise tax shall be allocated by the county treasurer to the
various taxing authorities in which such property is situated,
in the same manner as though the property were in private
ownership. [1969 ex.s. c 204 § 11.]
35.86A.110
35.86A.120 Operation of parking facilities—Bid
requirements and procedure. Except for off-street parking
facilities situated on real property leased or rented to a city
and not used for park and civic center parking, cities may
operate off-street parking facilities with city forces. Leased or
rented off-street parking facilities shall be operated by
responsible, experienced private operators of such facilities.
The call for bids shall specify the terms and conditions under
which the facility will be leased for private operation. The
call for bids shall specify the time and place at which the bids
will be received and the time and when the same will be
opened, and such call shall be advertised once a week for two
successive weeks before the time fixed for the filing of bids
in a newspaper of general circulation in the city. If no bid is
received for the operation of such an off-street parking facility, or if the bids received are not satisfactory, the legislative
body of the city may reject such bids and shall readvertise the
facility for lease. In the event that no bids or no satisfactory
bids shall have been received following the second advertising, the city may negotiate with a private operator for the
operation of the facility without competitive bidding. In the
35.86A.120
(2008 Ed.)
35.87.030
event the city shall be unable to negotiate for satisfactory private operation within a reasonable time, the city may operate
the facility for a period not to exceed three years, at which
time it shall readvertise as provided above in this section.
[1980 c 127 § 2; 1975 1st ex.s. c 221 § 4; 1969 ex.s. c 204 §
12.]
Severability—1975 1st ex.s. c 221: See note following RCW
35.86.010.
Chapter 35.87 RCW
PARKING FACILITIES—CONVEYANCE OF
LAND FOR IN CITIES OVER
THREE HUNDRED THOUSAND
Chapter 35.87
Sections
35.87.010
35.87.020
35.87.030
35.87.040
Sale, lease or conveyance of real property for free public parking authorized—"Municipality" defined.
Notice of intention to sell, lease or convey real property in
business area—Posting—Publication—Preference right to
purchase or lease.
Consideration, terms and conditions—Reversion.
RCW 35.87.020 inapplicable to sale, lease or conveyance to
federal government or agency or to the state or any county,
city or political subdivision.
35.87.010 Sale, lease or conveyance of real property
for free public parking authorized—"Municipality"
defined. Any municipality may sell, lease or convey any real
property located in an area zoned to permit the operation of
retail business, when such property is no longer needed for
the use or purposes of the municipality, to any private corporation or association established to develop and maintain free
public parking facilities. "Municipality" as used in RCW
35.87.010 through 35.87.040, means any city with a population over three hundred thousand and any municipal corporation or other political subdivision located within the boundaries of such city. [1967 ex.s. c 144 § 2.]
35.87.010
Severability—1967 ex.s. c 144: See note following RCW 36.900.030.
35.87.020 Notice of intention to sell, lease or convey
real property in business area—Posting—Publication—
Preference right to purchase or lease. Before any municipality may sell, lease or convey any real property located in
an area zoned to permit the operation of retail business, it
shall post in a conspicuous place on such property and publish in the official newspaper for the county in which such
property is located for fifteen days prior to such sale, lease or
conveyance a notice giving the legal description of such
property and disclosing an intention to sell, lease or convey
such property; and it shall offer in its notice, and shall give,
the first right of purchase or lease of the whole or any part of
such property to any private corporation or association (1)
established to develop and maintain free public parking facilities and (2) which agrees to dedicate such property for free
public parking. [1967 ex.s. c 144 § 3.]
35.87.020
Severability—1967 ex.s. c 144: See note following RCW 36.900.030.
35.87.030 Consideration, terms and conditions—
Reversion. A sale, lease or conveyance to such corporation
or association may be made for such consideration and on
such terms and conditions as the municipality deems appropriate: PROVIDED, That the price charged such corporation
35.87.030
[Title 35 RCW—page 291]
35.87.040
Title 35 RCW: Cities and Towns
or association shall not be in excess of the fair market value
of such property: PROVIDED FURTHER, That all deeds,
leases and other instruments of conveyance shall incorporate
a reversion to the municipality of the property or property
interest so deeded, leased or conveyed, in the event that such
property should no longer be used as a free public parking
facility. [1967 ex.s. c 144 § 4.]
Severability—1967 ex.s. c 144: See note following RCW 36.900.030.
35.87.040 RCW 35.87.020 inapplicable to sale, lease
or conveyance to federal government or agency or to the
state or any county, city or political subdivision. The provisions of RCW 35.87.020 shall not apply to any sale, lease
or conveyance to the federal government or to any agency
thereof, or to the state or any agency, county, city, town or
other political subdivision of this state. [1967 ex.s. c 144 §
5.]
35.87.040
Severability—1967 ex.s. c 144: See note following RCW 36.900.030.
Chapter 35.87A RCW
PARKING AND BUSINESS IMPROVEMENT AREAS
Chapter 35.87A
(a) The acquisition, construction or maintenance of parking facilities for the benefit of the area;
(b) Decoration of any public place in the area;
(c) Sponsorship or promotion of public events which are
to take place on or in public places in the area;
(d) Furnishing of music in any public place in the area;
(e) Providing professional management, planning, and
promotion for the area, including the management and promotion of retail trade activities in the area;
(f) Providing maintenance and security for common,
public areas; or
(g) Providing transportation services for the benefit of
the area.
(2) To levy special assessments on all businesses and
multifamily residential or mixed-use projects within the area
and specially benefited by a parking and business improvement area to pay in whole or in part the damages or costs
incurred therein as provided in this chapter. [2005 c 178 § 1;
2000 c 201 § 1; 1993 c 429 § 1; 1985 c 128 § 1; 1981 c 279 §
1; 1971 ex.s. c 45 § 1.]
35.87A.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Business" means all types of business, including
professions.
(2) "Legislative authority" means the legislative authority of any city or town including unclassified cities or towns
operating under special charters or the legislative authority of
any county.
(3) "Multifamily residential or mixed-use project" means
any building or buildings containing four or more residential
units or a combination of residential and commercial units,
whether title to the entire property is held in single or undivided ownership or title to individual units is held by owners
who also, directly or indirectly through an association, own
real property in common with the other unit owners.
(4) "Residential operator" means the owner or operator
of a multifamily residential or mixed-use project if title is
held in single or undivided ownership, or, if title is held in a
form of common interest ownership, the association of unit
owners, condominium association, homeowners’ association,
property owners’ association, or residential cooperative corporation. [1993 c 429 § 2; 1971 ex.s. c 45 § 2.]
35.87A.020
Sections
35.87A.010
35.87A.020
35.87A.030
35.87A.040
35.87A.050
35.87A.060
35.87A.070
35.87A.075
35.87A.080
35.87A.090
35.87A.100
35.87A.110
35.87A.120
35.87A.130
35.87A.140
35.87A.150
35.87A.160
35.87A.170
35.87A.180
35.87A.190
35.87A.200
35.87A.210
35.87A.220
35.87A.900
Authorized—Purposes—Special assessments.
Definitions.
Initiation petition or resolution—Contents.
Resolution of intention to establish—Contents—Hearing.
Notice of hearing.
Hearings.
Change of boundaries.
Modification of boundaries.
Special assessments—Legislative authority may make reasonable classifications—Assessments for separate purposes.
Special assessments—Same basis or rate for classes not
required—Factors as to parking facilities.
Ordinance to establish—Adoption—Contents.
Use of revenue—Contracts to administer operation of area.
Use of assessment proceeds restricted.
Collection of assessments.
Changes in assessment rates.
Benefit zones—Authorized—Rates.
Benefit zones—Establishment, modification and disestablishment of area provisions and procedure to be followed.
Exemption period for new businesses and projects.
Disestablishment of area—Hearing.
Disestablishment of area—Assets and liabilities.
Bids required—Monetary amount.
Computing cost of improvement for bid requirement.
Existing laws not affected—Chapter supplemental—Purposes
may be accomplished in conjunction with other methods.
Severability—1971 ex.s. c 45.
Assessments and charges against state lands: Chapter 79.44 RCW.
35.87A.030 Initiation petition or resolution—Contents. For the purpose of establishing a parking and business
improvement area, an initiation petition may be presented to
the legislative authority having jurisdiction of the area in
which the proposed parking and business improvement area
is to be located or the legislative authority may by resolution
initiate a parking and business improvement area. The initiation petition or resolution shall contain the following:
(1) A description of the boundaries of the proposed area;
(2) The proposed uses and projects to which the proposed special assessment revenues shall be put and the total
estimated cost thereof;
(3) The estimated rate of levy of special assessment with
a proposed breakdown by class of business and multifamily
35.87A.030
35.87A.010 Authorized—Purposes—Special assessments. To aid general economic development and neighborhood revitalization, and to facilitate the cooperation of merchants, businesses, and residential property owners which
assists trade, economic viability, and liveability, the legislature hereby authorizes all counties and all incorporated cities
and towns, including unclassified cities and towns operating
under special charters:
(1) To establish, after a petition submitted by the operators responsible for sixty percent of the assessments by businesses and multifamily residential or mixed-use projects
within the area, parking and business improvement areas,
hereafter referred to as area or areas, for the following purposes:
35.87A.010
[Title 35 RCW—page 292]
(2008 Ed.)
Parking and Business Improvement Areas
residential or mixed-use project if such classification is to be
used.
The initiating petition shall also contain the signatures of
the persons who operate businesses and residential operators
in the proposed area which would pay fifty percent of the proposed special assessments. [1993 c 429 § 3; 1971 ex.s. c 45
§ 3.]
35.87A.040 Resolution of intention to establish—
Contents—Hearing. The legislative authority, after receiving a valid initiation petition or after passage of an initiation
resolution, shall adopt a resolution of intention to establish an
area. The resolution shall state the time and place of a hearing
to be held by the legislative authority to consider establishment of an area and shall restate all the information contained
in the initiation petition or initiation resolution regarding
boundaries, projects and uses, and estimated rates of assessment. [1971 ex.s. c 45 § 4.]
35.87A.040
35.87A.050 Notice of hearing. Notice of a hearing held
under the provisions of this chapter shall be given by:
(1) One publication of the resolution of intention in a
newspaper of general circulation in the city; and
(2) Mailing a complete copy of the resolution of intention to each business and multifamily residential or mixeduse project in the proposed, or established, area. Publication
and mailing shall be completed at least ten days prior to the
time of the hearing. [1993 c 429 § 4; 1971 ex.s. c 45 § 5.]
35.87A.050
35.87A.060 Hearings. Whenever a hearing is held
under this chapter, the legislative authority shall hear all protests and receive evidence for or against the proposed action.
The legislative authority may continue the hearing from time
to time. Proceedings shall terminate if protest is made by
businesses and residential operators in the proposed area
which would pay a majority of the proposed special assessments. [1993 c 429 § 5; 1971 ex.s. c 45 § 6.]
35.87A.100
35.87A.090 and any other applicable provision of this chapter.
(2) The legislative authority shall adopt a resolution of
intention to modify the boundaries of an area at least fifteen
days prior to the hearing required in subsection (1) of this
section. The resolution shall specify the proposed modification and shall give the time and place of the hearing. Notice
of the hearing shall be made in accordance with RCW
35.87A.050. [2002 c 69 § 1.]
35.87A.080 Special assessments—Legislative authority may make reasonable classifications—Assessments for
separate purposes. For purposes of the special assessments
to be imposed pursuant to this chapter, the legislative authority may make a reasonable classification of businesses and
multifamily residential or mixed-use projects, giving consideration to various factors such as business and occupation
taxes imposed, square footage of the business, number of
employees, gross sales, or any other reasonable factor relating to the benefit received, including the degree of benefit
received from parking. Whenever it is proposed that a parking and business improvement area provide more than one of
the purposes listed in RCW 35.87A.010, special assessments
may be imposed in a manner that measures benefit from each
of the separate purposes, or any combination of the separate
purposes. Special assessments shall be imposed and collected
annually, or on another basis specified in the ordinance establishing the parking and business improvement area. [1993 c
429 § 6; 1985 c 128 § 2; 1981 c 279 § 2; 1971 ex.s. c 45 § 8.]
35.87A.080
35.87A.060
35.87A.070 Change of boundaries. If the legislative
authority decides to change the boundaries of the proposed
area, the hearing shall be continued to a time at least fifteen
days after such decision and notice shall be given as prescribed in RCW 35.87A.050, showing the boundary amendments, but no resolution of intention is required. [1971 ex.s.
c 45 § 7.]
35.87A.070
35.87A.075 Modification of boundaries. (1) The legislative authority may modify the boundaries of a parking and
business improvement area by ordinance, adopted after a
hearing before the legislative authority. The legislative
authority may modify an area either by expanding or reducing the existing boundaries. If the modification to the boundaries is to expand existing boundaries, the expansion area
must be adjacent to an existing boundary. A modification to
an existing boundary may occur no more than once per year
and may not affect an area with a projected assessment fee
greater than ten percent of the current assessment role for the
existing area. If the modification of an area results in the
boundary being expanded, the assessments for the new area
shall be established pursuant to RCW 35.87A.080 and
35.87A.075
(2008 Ed.)
35.87A.090 Special assessments—Same basis or rate
for classes not required—Factors as to parking facilities.
The special assessments need not be imposed on different
classes of business and multifamily residential or mixed-use
projects, as determined pursuant to RCW 35.87A.080, on the
same basis or the same rate. The special assessments imposed
for the purpose of the acquisition, construction or maintenance of parking facilities for the benefit of the area shall be
imposed on the basis of benefit determined by the legislative
authority after giving consideration to the total cost to be
recovered from the businesses and multifamily residential or
mixed-use projects upon which the special assessment is to
be imposed, the total area within the boundaries of the parking and business improvement area, the assessed value of the
land and improvements within the area, the total business
volume generated within the area and within each business,
and such other factors as the legislative authority may find
and determine to be a reasonable measure of such benefit.
[1993 c 429 § 7; 1971 ex.s. c 45 § 9.]
35.87A.090
35.87A.100 Ordinance to establish—Adoption—
Contents. If the legislative authority, following the hearing,
decides to establish the proposed area, it shall adopt an ordinance to that effect. This ordinance shall contain the following information:
(1) The number, date and title of the resolution of intention pursuant to which it was adopted;
(2) The time and place the hearing was held concerning
the formation of such area;
(3) The description of the boundaries of such area;
35.87A.100
[Title 35 RCW—page 293]
35.87A.110
Title 35 RCW: Cities and Towns
(4) A statement that the businesses and multifamily residential or mixed-use projects in the area established by the
ordinance shall be subject to the provisions of the special
assessments authorized by RCW 35.87A.010;
(5) The initial or additional rate or levy of special assessment to be imposed with a breakdown by classification of
business and multifamily residential or mixed-use project, if
such classification is used; and
(6) A statement that a parking and business improvement
area has been established.
(7) The uses to which the special assessment revenue
shall be put. Uses shall conform to the uses as declared in the
initiation petition presented pursuant to RCW 35.87A.030.
[1993 c 429 § 8; 1971 ex.s. c 45 § 10.]
35.87A.110 Use of revenue—Contracts to administer
operation of area. The legislative authority of each city or
town or county shall have sole discretion as to how the revenue derived from the special assessments is to be used within
the scope of the purposes; however, the legislative authority
may appoint existing advisory boards or commissions to
make recommendations as to its use, or the legislative authority may create a new advisory board or commission for the
purpose.
The legislative authority may contract with a chamber of
commerce or other similar business association operating primarily within the boundaries of the legislative authority to
administer the operation of a parking and business improvement area, including any funds derived pursuant thereto:
PROVIDED, That such administration must comply with all
applicable provisions of law including this chapter, with all
county, city, or town resolutions and ordinances, and with all
regulations lawfully imposed by the state auditor or other
state agencies. [1971 ex.s. c 45 § 11.]
35.87A.110
35.87A.120 Use of assessment proceeds restricted.
The special assessments levied hereunder must be for the
purposes specified in the ordinances and the proceeds shall
not be used for any other purpose. [1971 ex.s. c 45 § 12.]
35.87A.120
35.87A.130 Collection of assessments. Collections of
assessments imposed pursuant to this chapter shall be made
at the same time and in the same manner as otherwise prescribed by Title 35 RCW or in such other manner as the legislative authority shall determine. [1971 ex.s. c 45 § 13.]
increase or additional special assessments. [1993 c 429 § 9;
1971 ex.s. c 45 § 14.]
35.87A.150 Benefit zones—Authorized—Rates. The
legislative authority may, for each of the purposes set out in
RCW 35.87A.010, establish and modify one or more separate
benefit zones based upon the degree of benefit derived from
the purpose and may impose a different rate of special assessment within each such benefit zone. [1971 ex.s. c 45 § 15.]
35.87A.150
35.87A.160 Benefit zones—Establishment, modification and disestablishment of area provisions and procedure to be followed. All provisions of this chapter applicable to establishment or disestablishment of an area also apply
to the establishment, modification, or disestablishment of
benefit zones pursuant to *RCW 35.87A.150. The establishment or the modification of any such zone shall follow the
same procedure as provided for the establishment of a parking and business improvement area and the disestablishment
shall follow the same procedure as provided for disestablishment of an area. [1971 ex.s. c 45 § 16.]
35.87A.160
*Reviser’s note: "RCW 35.87A.150" has been translated from "section
13 of this act," as the reference to section 13, herein codified as RCW
35.87A.130, was apparently erroneous.
35.87A.170 Exemption period for new businesses
and projects. Businesses or multifamily residential or
mixed-use projects established after the creation of an area
within the area may be exempted from the special assessments imposed pursuant to this chapter for a period not
exceeding one year from the date they commenced business
in the area. [1993 c 429 § 10; 1971 ex.s. c 45 § 17.]
35.87A.170
35.87A.180 Disestablishment of area—Hearing. The
legislative authority may disestablish an area by ordinance
after a hearing before the legislative authority. The legislative
authority shall adopt a resolution of intention to disestablish
the area at least fifteen days prior to the hearing required by
this section. The resolution shall give the time and place of
the hearing. [1971 ex.s. c 45 § 18.]
35.87A.180
35.87A.130
35.87A.140 Changes in assessment rates. Changes
may be made in the rate or additional rate of special assessment as specified in the ordinance establishing the area, by
ordinance adopted after a hearing before the legislative
authority.
The legislative authority shall adopt a resolution of
intention to change the rate or additional rate of special
assessment at least fifteen days prior to the hearing required
by this section. This resolution shall specify the proposed
change and shall give the time and place of the hearing. Proceedings to change the rate or impose an additional rate of
special assessments shall terminate if protest is made by businesses or multifamily residential or mixed-use projects in the
proposed area which would pay a majority of the proposed
35.87A.140
[Title 35 RCW—page 294]
35.87A.190 Disestablishment of area—Assets and
liabilities. Upon disestablishment of an area, any proceeds
of the special assessments, or assets acquired with such proceeds, or liabilities incurred as a result of the formation of
such area, shall be subject to disposition as the legislative
authority shall determine: PROVIDED, HOWEVER, Any
liabilities, either current or future, incurred as a result of
action taken to accomplish the purposes of RCW 35.87A.010
shall not be an obligation of the general fund or any special
fund of the city or town, but such liabilities shall be provided
for entirely from available revenue generated from the
projects or facilities authorized by RCW 35.87A.010 or from
special assessments on the property specially benefited
within the area. [1971 ex.s. c 45 § 19.]
35.87A.190
35.87A.200 Bids required—Monetary amount. Any
city or town or county authorized by this chapter to establish
a parking improvement area shall call for competitive bids by
appropriate public notice and award contracts, whenever the
35.87A.200
(2008 Ed.)
Water Pollution—Protection From
estimated cost of such work or improvement, including cost
of materials, supplies and equipment, exceeds the sum of two
thousand five hundred dollars. [1971 ex.s. c 45 § 20.]
35.87A.210 Computing cost of improvement for bid
requirement. The cost of the improvement for the purposes
of this chapter shall be aggregate of all amounts to be paid for
the labor, materials and equipment on one continuous or
inter-related project where work is to be performed simultaneously or in near sequence. Breaking an improvement into
small units for the purposes of avoiding the minimum dollar
amount prescribed in RCW 35.87A.200 is contrary to public
policy and is prohibited. [1971 ex.s. c 45 § 21.]
35.87A.210
35.87A.220 Existing laws not affected—Chapter supplemental—Purposes may be accomplished in conjunction with other methods. This chapter providing for parking
and business improvement areas shall not be deemed or construed to affect any existing act, or any part thereof, relating
to special assessments or other powers of counties, cities and
towns, but shall be supplemental thereto and concurrent
therewith.
The purposes and functions of parking and business
improvement areas as set forth by the provisions of this chapter may be accomplished in part by the establishment of an
area pursuant to this chapter and in part by any other method
otherwise provided by law, including provisions for local
improvements. [1971 ex.s. c 45 § 22.]
35.87A.220
35.87A.900 Severability—1971 ex.s. c 45. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provisions to other persons or circumstances is not
affected. [1971 ex.s. c 45 § 23.]
35.87A.900
35.88.040
cities and towns or the companies or individuals furnishing
water to the inhabitants thereof obtain their supply of water,
or store or conduct it, and over all property acquired for any
of the foregoing works or purposes or for the preservation
and protection of the purity of the water supply, and over all
property within the areas draining into the lakes, rivers,
springs, streams, creeks, or tributaries constituting the
sources of supply whether they or any of them are within the
city or town limits or outside. [1965 c 7 § 35.88.010. Prior:
1907 c 227 § 1, part; 1899 c 70 § 1, part; RRS § 9473, part.]
35.88.020 Enforcement of ordinance—Special police.
Every city and town may by ordinance prescribe what acts
shall constitute offenses against the purity of its water supply
and the punishment or penalties therefor and enforce them.
The mayor of each city and town may appoint special police
officers, with such compensation as the city or town may fix,
who shall, after taking oath, have the powers of constables,
and who may arrest with or without warrant any person committing, within the territory over which any city or town is
given jurisdiction by this chapter, any offense declared by
law or by ordinance, against the purity of the water supply, or
which violate any rule or regulation lawfully promulgated by
the state board of health for the protection of the purity of
such water supply. Every special police officer whose
appointment is authorized herein may take any person
arrested for any such offense or violation before any court
having jurisdiction thereof to be proceeded with according to
law. Every such special police officer shall, when on duty
wear in plain view a badge or shield bearing the words "special police" and the name of the city or town by which he or
she has been appointed. [2007 c 218 § 70; 1965 c 7 §
35.88.020. Prior: 1907 c 227 § 1, part; 1899 c 70 § 1, part;
RRS § 9473, part.]
35.88.020
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Chapter 35.88 RCW
WATER POLLUTION—PROTECTION FROM
Chapter 35.88
Sections
35.88.010
35.88.020
35.88.030
35.88.040
35.88.050
35.88.060
35.88.070
35.88.080
35.88.090
Authority over sources of supply.
Enforcement of ordinance—Special police.
Pollution declared to be a nuisance—Abatement.
Pollution as criminal nuisance—Punishment.
Prosecution—Trial—Abatement of nuisance.
Health officers and mayor must enforce.
Injunction proceeding.
Inland cities over one hundred thousand—Discharge of sewage and other discharges prohibited—Nuisance.
Inland cities over one hundred thousand—Investigation of disposal systems by secretary of social and health services.
Furnishing impure water: RCW 70.54.020.
Pollution of watershed or source of drinking water: RCW 70.54.010,
70.54.030.
Sewerage improvement districts: Chapter 85.08 RCW.
Water-sewer districts: Title 57 RCW.
35.88.030 Pollution declared to be a nuisance—
Abatement. The establishment or maintenance of any
slaughter pens, stock feeding yards, hogpens, or the deposit
or maintenance of any uncleanly or unwholesome substance,
or the conduct of any business or occupation, or the allowing
of any condition upon or sufficiently near the (1) sources
from which the supply of water for the inhabitants of any city
or town is obtained, or (2) where its water is stored, or (3) the
property or means through which the same may be conveyed
or conducted so that such water would be polluted or the
purity of such water or any part thereof destroyed or endangered, is prohibited and declared to be unlawful, and is
declared to constitute a nuisance, and may be abated as other
nuisances are abated. [1965 c 7 § 35.88.030. Prior: 1899 c 70
§ 2, part; RRS § 9474, part.]
35.88.030
35.88.040 Pollution as criminal nuisance—Punishment. Any person who does, establishes, maintains, or creates any of the things which have the effect of polluting any
such sources of water supply, or water, and any person who
does any of the things in RCW 35.88.030 declared to be
unlawful, shall be deemed guilty of creating and maintaining
a nuisance, and may be prosecuted therefor, and upon conviction thereof may be fined in any sum not exceeding five hun35.88.040
35.88.010 Authority over sources of supply. For the
purpose of protecting the water furnished to the inhabitants of
cities and towns from pollution, cities and towns are given
jurisdiction over all property occupied by the works, reservoirs, systems, springs, branches and pipes, by means of
which, and of all the lakes, rivers, springs, streams, creeks, or
tributaries constituting the sources of supply from which the
35.88.010
(2008 Ed.)
[Title 35 RCW—page 295]
35.88.050
Title 35 RCW: Cities and Towns
dred dollars. [1965 c 7 § 35.88.040. Prior: 1899 c 70 § 2,
part; RRS § 9474, part.]
35.88.080. Prior: (i) 1941 c 186 § 1; Rem. Supp. 1941 §
9354-1. (ii) 1941 c 186 § 3; Rem. Supp. 1941 § 9354-3.]
Nuisance: Chapter 9.66 RCW.
Nuisance: Chapter 9.66 RCW.
35.88.090 Inland cities over one hundred thousand—
Investigation of disposal systems by secretary of social
and health services. The secretary of social and health services shall have the power, and it shall be his duty, to investigate the system of disposal of sewage, garbage, feculent matter, offal, refuse, filth, or any animal, mineral, or vegetable
matter or substance, by cities not located on tidewater, having
a population of one hundred thousand or more, and if he shall
determine upon investigation that any such system or systems
of disposal is or may be injurious or dangerous to health, he
shall have the power, and it shall be his duty, to order such
city or cities to provide for, construct, and maintain a system
or systems of disposal which will not be injurious or dangerous to health. [1979 c 141 § 41; 1965 c 7 § 35.88.090. Prior:
1941 c 186 § 2; Rem. Supp. 1941 § 9354-2.]
35.88.090
35.88.050
35.88.050 Prosecution—Trial—Abatement of nuisance. If upon the trial of any person for the violation of any
of the provisions of this chapter he is found guilty of creating
or maintaining a nuisance or of violating any of the provisions of this chapter, he shall forthwith abate the nuisance,
and if he fails so to do within one day after such conviction,
unless further time is granted by the court, a warrant shall be
issued by the court wherein the conviction was obtained,
directed to the sheriff of the county in which such nuisance
exists and the sheriff shall forthwith proceed to abate the said
nuisance and the cost thereof shall be taxed against the person
so convicted as a part of the costs of such case. [1965 c 7 §
35.88.050. Prior: 1899 c 70 § 3; RRS § 9475.]
35.88.060
35.88.060 Health officers and mayor must enforce.
The city health officer, city physician, board of public health,
mayor, or any other officer, who has the sanitary condition of
the city or town in charge, shall see that the provisions of this
chapter are enforced and upon complaint being made to any
such officer of an alleged violation, he shall immediately
investigate the said complaint and if the same appears to be
well founded he shall file a complaint against the person or
persons violating any of the provisions of this chapter and
cause their arrest and prosecution. [1965 c 7 § 35.88.060.
Prior: 1899 c 70 § 4; RRS § 9476.]
35.88.070
35.88.070 Injunction proceeding. If any provision of
this chapter is being violated, the city or town supplied with
the water or a corporation owning waterworks for the purpose
of supplying the city or town or the inhabitants thereof with
water may, by civil action in the superior court of the proper
county, have the maintenance of the nuisance which pollutes
or tends to pollute the said water, enjoined and such injunction may be perpetual. [1965 c 7 § 35.88.070. Prior: 1899 c
70 § 5; RRS § 9477.]
35.88.080
35.88.080 Inland cities over one hundred thousand—
Discharge of sewage and other discharges prohibited—
Nuisance. Any city not located on tidewater, having a population of one hundred thousand or more, is hereby prohibited
from discharging, draining or depositing, or causing to be
discharged, drained or deposited, any sewage, garbage, feculent matter, offal, refuse, filth, or any animal, mineral, or vegetable matter or substance, offensive, injurious or dangerous
to health, into any springs, streams, rivers, lakes, tributaries
thereof, wells, or into any subterranean or other waters used
or intended to be used for human or animal consumption or
for domestic purposes.
Anything done, maintained, or suffered, in violation of
any of the provisions of this section, shall be deemed to be a
public nuisance, and may be summarily abated as such by
any court of competent jurisdiction at the suit of the secretary
of social and health services or any person whose supply of
water for human or animal consumption or for domestic purposes is or may be affected. [1979 c 141 § 40; 1965 c 7 §
[Title 35 RCW—page 296]
Chapter 35.89
Chapter 35.89 RCW
WATER REDEMPTION BONDS
Sections
35.89.010
35.89.020
35.89.030
35.89.040
35.89.050
35.89.060
35.89.070
35.89.080
35.89.090
35.89.100
Authority to issue water redemption bonds.
Bonds—Terms—Execution—Rights of owner.
Bonds exchange—Subrogation.
Water redemption fund—Creation.
Water redemption fund—Sources.
Water redemption fund—Trust fund.
Payment of interest on bonds.
Payment of principal of bonds.
Violations—Penalties—Personal liability.
Water systems—What included.
Water-sewer districts: Title 57 RCW.
35.89.010 Authority to issue water redemption
bonds. If a public water system has been constructed within
any local improvement district of any city or town for the
construction of which bonds of the local improvement district
were issued and are outstanding and unpaid, and if the city or
town has taken over the system or is operating it as a public
utility or has incorporated it into or connected it with any system operated by city or town as a public utility, from the
operation of which such city or town derives a revenue, the
city or town may by resolution of its council authorize the
issue of bonds to an amount not exceeding the amount of the
local improvement bonds issued for the construction of the
water system then outstanding and unpaid with interest due
and unpaid, and may redeem the outstanding local improvement bonds by exchanging therefor an equal amount at par of
the bonds authorized by this chapter. The new bonds shall be
called water redemption bonds. [1965 c 7 § 35.89.010. Prior:
(i) 1929 c 85 § 1; 1923 c 52 § 1; RRS § 9154-1. (ii) 1923 c 52
§ 2, part; RRS § 9154-2, part.]
35.89.010
35.89.020 Bonds—Terms—Execution—Rights of
owner. (1) Water redemption bonds shall be in denominations of not more than one thousand nor less than one hundred dollars each, and shall bear interest at a rate or rates as
authorized by the city or town council, payable semiannually,
and shall bear a serial number and shall be signed by the
35.89.020
(2008 Ed.)
Water Redemption Bonds
mayor of the city or town and shall be otherwise executed in
such manner and payable at such time and place not exceeding twenty years after the date of issue as the city or town
council shall determine and such bonds shall be payable only
out of the special fund created by authority of this chapter and
shall be a valid claim of the owner thereof only against that
fund and the fixed portion or amount of the revenues of the
water system pledged to the fund, and shall not constitute an
indebtedness of the city or town. Such bonds may be in any
form, including bearer bonds or registered bonds as provided
in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 66; 1970 ex.s. c 56 § 46; 1969
ex.s. c 232 § 23; 1965 c 7 § 35.89.020. Prior: 1923 c 52 § 2,
part; RRS § 9154-2, part.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
35.89.030 Bonds exchange—Subrogation. Water
redemption bonds issued under the authority of this chapter
shall only be sold or disposed of in exchange for an equal
amount in par value of principal and interest of the local
improvement district bonds issued for the construction of
water systems taken over and operated by the city or town, or
incorporated into or connected with a water system operated
by it.
Upon the exchange of the water redemption bonds
authorized by this chapter for local improvement district
bonds the city or town shall be subrogated to all the rights of
the owners and holders of such local improvement district
bonds against the property of the local improvement district
and against any person or corporation liable thereon.
Any money derived by the city or town from the sale or
enforcement of such local improvement district bonds shall
be paid into the city’s water redemption fund. [1965 c 7 §
35.89.030. Prior: 1923 c 52 § 3; RRS § 9154-3.]
35.89.030
35.89.040 Water redemption fund—Creation. The
city or town council before issuing water redemption bonds
shall by ordinance establish a fund for the payment of the
bonds at maturity and of interest thereon as it matures to be
designated the water redemption fund. [1965 c 7 §
35.89.040. Prior: 1923 c 52 § 4; RRS § 9154-4.]
35.89.040
35.89.050 Water redemption fund—Sources. Every
city and town shall have power to regulate and control the use
and price of water supplied through a water system taken
over from a local improvement district.
It shall establish such rates and charges for the water as
shall be sufficient after providing for the operation and maintenance of the system to provide for the payment of the water
redemption bonds at maturity and of interest thereon as it
matures, and such portion shall be included in and collected
as a part of the charges made by such city or town for water
supplied through such water system and such portion shall be
paid into the water redemption fund. [1965 c 7 § 35.89.050.
Prior: 1923 c 52 § 5; RRS § 9154-5.]
35.89.050
(2008 Ed.)
35.89.100
35.89.060
35.89.060 Water redemption fund—Trust fund. All
moneys paid into or collected for the water redemption fund
shall be used for the payment of principal and interest of the
water redemption bonds issued under the authority of this
chapter and no part thereof while any of said bonds are outstanding and unpaid, shall be diverted to any other fund or
use: PROVIDED, That when both principal and interest on
all water redemption bonds issued and outstanding have been
paid, any unexpended balance remaining in the fund may be
transferred to the general fund or such other fund as the city
or town council may direct. [1965 c 7 § 35.89.060. Prior:
1923 c 52 § 8; RRS § 9154-8.]
35.89.070
35.89.070 Payment of interest on bonds. The treasurer
of such city or town shall pay the interest on the water
redemption bonds authorized by this chapter out of the
money in the water redemption fund. [1965 c 7 § 35.89.070.
Prior: 1923 c 52 § 6; RRS § 9154-6.]
35.89.080
35.89.080 Payment of principal of bonds. Whenever
there is sufficient money in the water redemption fund, over
and above the amount that will be required to pay the interest
on the bonds up to the time of maturity of the next interest
payment, to pay the principal of one or more bonds, the city
or town treasurer shall call in and pay such bonds. The bonds
shall be called and paid in their numerical order, and the call
shall be made by publication in the official newspaper of the
city or town. The call shall state the total amount and the
serial number or numbers of the bonds called and that they
will be paid on the date when the next semiannual payment of
interest will be due, and that interest on the bonds called will
cease from such date. [1965 c 7 § 35.89.080. Prior: 1923 c
52 § 7; RRS § 9154-7.]
35.89.090
35.89.090 Violations—Penalties—Personal liability.
Every ordinance, resolution, order, or action of the council,
board, or officer of any city or town, and every warrant or
other instrument made, issued, passed or done in violation of
the provisions of this chapter shall be void.
Every officer, agent, employee, or member of the council of the city or town, and every person or corporation who
shall knowingly commit any violation of the provisions of
this chapter or knowingly aid in such violation, shall be liable
to the city or town for all money transferred, diverted or paid
out in violation thereof and such liability shall attach to and
be enforceable against the official bond, if any, of such official agent, employee, or member of the council. [1965 c 7 §
35.89.090. Prior: 1923 c 52 § 9; RRS § 9154-9.]
35.89.100
35.89.100 Water systems—What included. The term
"water system" as used in this chapter shall include and be
applicable to all reservoirs, storage and clarifying tanks, conduits, mains, laterals, pipes, hydrants and other equipment
used or constructed for the purpose of supplying water for
public or domestic use, and shall include not only water systems constructed by local improvement districts, but also any
system with which the same may be incorporated or connected. [1965 c 7 § 35.89.100. Prior: 1923 c 52 § 10; RRS §
9154-10.]
[Title 35 RCW—page 297]
Chapter 35.91
Title 35 RCW: Cities and Towns
Chapter 35.91 RCW
MUNICIPAL WATER AND SEWER FACILITIES ACT
Chapter 35.91
Sections
35.91.010
35.91.020
35.91.025
35.91.030
35.91.040
35.91.050
Declaration of purpose—Short title.
Contracts with owners of real estate for water or sewer facilities—Reimbursement of costs by subsequent users—Contract requirements.
Extension outside city subject to review by boundary review
board.
Approval and acceptance of facilities by municipality—Rates,
costs.
Contract payment to be made prior to tap, connection, or use—
Removal of tap or connection.
Owner’s pro rata share of cost to which he did not contribute.
Water-sewer districts: Title 57 RCW.
35.91.010 Declaration of purpose—Short title. The
improvement of public health and the implementation of both
urban and rural development being furthered by adequate and
comprehensive water facilities and storm and sanitary sewer
systems, and there being a need for legislation enabling such
aids to the welfare of the state, there is hereby enacted the
"municipal water and sewer facilities act." [1965 c 7 §
35.91.010. Prior: 1959 c 261 § 1.]
35.91.010
35.91.020 Contracts with owners of real estate for
water or sewer facilities—Reimbursement of costs by
subsequent users—Contract requirements. (1) Except as
provided under subsection (2) of this section, the governing
body of any city, town, county, water-sewer district, or drainage district, hereinafter referred to as a "municipality" may
contract with owners of real estate for the construction of
storm, sanitary, or combination sewers, pumping stations,
and disposal plants, water mains, hydrants, reservoirs, or
appurtenances, hereinafter called "water or sewer facilities,"
within their boundaries or (except for counties) within ten
miles from their corporate limits connecting with the public
water or sewerage system to serve the area in which the real
estate of such owners is located, and to provide for a period
of not to exceed fifteen years for the reimbursement of such
owners and their assigns by any owner of real estate who did
not contribute to the original cost of such water or sewer
facilities and who subsequently tap onto or use the same of a
fair pro rata share of the cost of the construction of said water
or sewer facilities, including not only those directly connected thereto, but also users connected to laterals or
branches connecting thereto, subject to such reasonable rules
and regulations as the governing body of such municipality
may provide or contract, and notwithstanding the provisions
of any other law.
(2)(a) The contract may provide for an extension of the
fifteen-year reimbursement period for a time not to exceed
the duration of any moratorium, phasing ordinance, concurrency designation, or other governmental action that prevents
making applications for, or the approval of, any new development within the benefit area for a period of six months or
more.
(b) Upon the extension of the reimbursement period pursuant to (a) of this subsection, the contract must specify the
duration of the contract extension and must be filed and
recorded with the county auditor. Property owners who are
subject to the reimbursement obligations under subsection (1)
35.91.020
[Title 35 RCW—page 298]
of this section shall be notified by the contracting municipality of the extension filed under this subsection.
(3) Each contract shall include a provision requiring that
every two years from the date the contract is executed a property owner entitled to reimbursement under this section provide the contracting municipality with information regarding
the current contract name, address, and telephone number of
the person, company, or partnership that originally entered
into the contract. If the property owner fails to comply with
the notification requirements of this subsection within sixty
days of the specified time, then the contracting municipality
may collect any reimbursement funds owed to the property
owner under the contract. Such funds must be deposited in
the capital fund of the municipality.
(4) To the extent it may require in the performance of
such contract, such municipality may install said water or
sewer facilities in and along the county streets in the area to
be served as hereinabove provided, subject to such reasonable requirements as to the manner of occupancy of such
streets as the county may by resolution provide. The provisions of such contract shall not be effective as to any owner
of real estate not a party thereto unless such contract has been
recorded in the office of the county auditor of the county in
which the real estate of such owner is located prior to the time
such owner taps into or connects to said water or sewer facilities. [2006 c 88 § 2; 1999 c 153 § 38; 1981 c 313 § 11; 1967
c 113 § 1; 1965 c 7 § 35.91.020. Prior: 1959 c 261 § 2.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Severability—1981 c 313: See note following RCW 36.94.020.
35.91.025 Extension outside city subject to review by
boundary review board. The extension of water or sewer
facilities outside of the boundaries of a city or town may be
subject to potential review by a boundary review board under
chapter 36.93 RCW. [1989 c 84 § 33.]
35.91.025
35.91.030 Approval and acceptance of facilities by
municipality—Rates, costs. Upon the completion of water
or sewer facilities pursuant to contract mentioned in the foregoing section, the governing body of any such municipality
shall be authorized to approve their construction and accept
the same as facilities of the municipality and to charge for
their use such water or sewer rates as such municipality may
be authorized by law to establish, and if any such water or
sewer facilities are so approved and accepted, all further
maintenance and operation costs of said water or sewer lines
and facilities shall be borne by such municipality. [1965 c 7
§ 35.91.030. Prior: 1959 c 261 § 3.]
35.91.030
35.91.040 Contract payment to be made prior to tap,
connection, or use—Removal of tap or connection. (1) A
person, firm, or corporation may not be granted a permit or be
authorized to tap into, or use any such water or sewer facilities or extensions thereof during the period of time prescribed
in such contract without first paying to the municipality, in
addition to any and all other costs and charges made or
assessed for such tap, or use, or for the water lines or sewers
constructed in connection therewith, the amount required by
the provisions of the contract under which the water or sewer
35.91.040
(2008 Ed.)
Municipal Utilities
Chapter 35.92
35.92.070
35.92.075
35.92.080
35.92.090
35.92.100
35.92.105
Procedure—Election.
Indebtedness incurred on credit of expected utility revenues.
General obligation bonds.
Limit of indebtedness.
Revenue bonds or warrants.
Revenue bonds, warrants, or other evidences of indebtedness
for energy or water conservation programs.
Funding or refunding bonds.
Funding or refunding bonds—Bonds not general obligation.
Funding or refunding bonds—Single issue may refund multiple series.
Funding or refunding bonds—Issuance of bonds—Ordinance.
Funding or refunding bonds—Terms of bonds.
Funding or refunding bonds—Recourse of bond owners.
City may extend water system outside limits.
City may extend water system outside limits—May acquire
property outside city.
City may extend water system outside limits—Cannot condemn irrigation system.
City may extend water system outside limits—Contracts for
outside service.
Acquisition of water rights—Consolidation of irrigation
assessment districts.
Acquisition of water rights—Special assessments.
Acquisition of water rights—Levy of assessments.
Acquisition of water rights—District property need not be
contiguous.
Acquisition of water rights—Mode of assessment.
Acquisition of water rights—Water rights acquired by purchase of shares in water users’ association or corporation—
Authority to acquire and hold shares.
Acquisition of water rights—Existing local improvement districts validated—Debts, obligations, assessments, etc.,
declared legal and valid.
Passenger transportation systems—Authority to make studies—Contracts with and acquisition of privately owned systems.
Assumption of obligations of private pension plan when urban
transportation system acquired.
Cities over one hundred fifty thousand, joint undertaking with
P.U.D. as to electric utility properties—"Electric utility
properties" defined.
Cities over one hundred fifty thousand, joint undertaking with
P.U.D. as to electric utility properties—Agreements.
Cities over one hundred fifty thousand, joint undertaking with
P.U.D. as to electric utility properties—Financing.
Cities over one hundred fifty thousand, joint undertaking with
P.U.D. as to electric utility properties—Authority granted is
additional power.
Electrical construction or improvement—Bid proposals—
Contract proposal forms—Conditions for issuance—
Refusal—Appeal.
Energy conservation—Legislative findings.
Energy conservation plan—Financing authorized for energy
conservation projects in structures or equipment—Limitations.
Tariff for irrigation pumping service—Authority to buy back
electricity.
Lease of real property under electrical transmission lines for
private gardening purposes.
Waiver or delay of collection of tap-in charges, connection or
hookup fees for low income persons.
Municipal utilities encouraged to provide customers with landscaping information and to request voluntary donations for
urban forestry.
Provision of water services and facilities—Contract with
Canadian corporation.
Provision of sewer services and facilities—Contract with
Canadian corporation.
Purchase of electric power and energy from joint operating
agency.
Environmental mitigation activities.
Production and distribution of biodiesel, ethanol, and ethanol
blend fuels—Crop purchase contracts for dedicated energy
crops.
facilities so tapped into or used were constructed. All
amounts so received by the municipality shall be paid out by
it under the terms of such contract within sixty days after the
receipt thereof. Whenever any tap or connection is made into
any such contracted water or sewer facilities without such
payment having first been made, the governing body of the
municipality may remove, or cause to be removed, such
unauthorized tap or connection and all connecting tile, or
pipe located in the facility right-of-way and dispose of unauthorized material so removed without any liability whatsoever.
(2) A tap or connection charge under this section for service to a manufactured housing community, as defined in
RCW 59.20.030, applies to an individual lot within that community only if the municipality provides and maintains the
tap-in connection. [2005 c 324 § 1; 1965 c 7 § 35.91.040.
Prior: 1959 c 261 § 4.]
35.91.050 Owner’s pro rata share of cost to which he
did not contribute. Whenever the cost, or any part thereof,
of any water or sewer improvement, whether local or general,
is or will be assessed against the owners of real estate and
such water or sewer improvement will be connected into or
will make use of, contracted water or sewer facilities constructed under the provisions of this chapter and to the cost of
which such owners, or any of them, did not contribute, there
shall be included in the engineer’s estimate before the hearing on any such improvement, separately itemized, and in
such assessments, a sum equal to the amount provided in or
computed from such contract as the fair pro rata share due
from such owners upon and for such contracted water or
sewer facilities. [1965 c 7 § 35.91.050. Prior: 1959 c 261 §
5.]
35.91.050
35.92.110
35.92.120
35.92.130
35.92.140
35.92.150
35.92.160
35.92.170
35.92.180
35.92.190
35.92.200
35.92.220
35.92.230
35.92.240
35.92.250
35.92.260
35.92.263
35.92.265
35.92.270
35.92.275
35.92.280
35.92.290
35.92.300
35.92.310
Chapter 35.92
Chapter 35.92 RCW
MUNICIPAL UTILITIES
Sections
35.92.010
35.92.012
35.92.014
35.92.015
35.92.017
35.92.020
35.92.021
35.92.023
35.92.025
35.92.027
35.92.030
35.92.040
35.92.050
35.92.052
35.92.054
35.92.060
(2008 Ed.)
Authority to acquire and operate waterworks—Generation of
electricity—Classification of services for rates.
May accept and operate water-sewer district’s property when
boundaries are identical.
Acquisition of out-of-state waterworks.
Acquisition of out-of-state waterworks—Joint acquisition and
operation.
Authority to assist customers in the acquisition of water conservation equipment—Limitations.
Authority to acquire and operate sewerage and solid waste
handling systems, plants, sites, or facilities—Classification
of services and facilities for rates—Assistance for lowincome persons.
Public property subject to rates and charges for storm water
control facilities.
Solid waste—Compliance with chapter 70.95 RCW required.
Authority to make charges for connecting to water or sewerage
system—Interest charges.
Extension of water and sewer facilities outside city subject to
review by boundary review board.
Authority to acquire and operate stone or asphalt plants.
Authority to acquire and operate public markets and cold storage plants—"Public markets" defined.
Authority to acquire and operate utilities.
First-class cities operating electrical facilities—Participation
in agreements to use or own high voltage transmission facilities and other electrical generating facilities—Terms—Limitations.
May acquire electrical distribution property from public utility
district.
Authority to acquire and operate transportation facilities.
35.92.350
35.92.355
35.92.360
35.92.365
35.92.370
35.92.380
35.92.390
35.92.400
35.92.410
35.92.420
35.92.430
35.92.440
Assessments and charges against state lands: Chapter 79.44 RCW.
Electric franchises and rights-of-way: Chapter 80.32 RCW.
Electrical utilities and facilities owned by cities, support for political subdivisions and taxing districts: RCW 35.21.420 through 35.21.440.
Hydroelectric resources, creation of separate legal authority by irrigation
districts and cities, towns, or public utility districts: RCW 87.03.825
through 87.03.840.
[Title 35 RCW—page 299]
35.92.010
Title 35 RCW: Cities and Towns
Joint development of nuclear, thermal power facilities: Chapter 54.44 RCW.
Limitations upon indebtedness: State Constitution Art. 7 § 2 (Amendments
55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW
84.52.050.
Local improvement districts, creation: Chapter 35.43 RCW.
Public utility districts: Title 54 RCW.
Sewerage improvement districts: Chapter 85.08 RCW.
Special assessments or taxation for local improvements: State Constitution
Art. 7 § 9.
Street railways: Chapter 81.64 RCW.
Water-sewer districts: Title 57 RCW.
35.92.010 Authority to acquire and operate waterworks—Generation of electricity—Classification of services for rates. A city or town may construct, condemn and
purchase, purchase, acquire, add to, alter, maintain and operate waterworks, including fire hydrants as an integral utility
service incorporated within general rates, within or without
its limits, for the purpose of furnishing the city and its inhabitants, and any other persons, with an ample supply of water
for all purposes, public and private, including water power
and other power derived therefrom, with full power to regulate and control the use, distribution, and price thereof: PROVIDED, That the rates charged must be uniform for the same
class of customers or service. Such waterworks may include
facilities for the generation of electricity as a byproduct and
such electricity may be used by the city or town or sold to an
entity authorized by law to distribute electricity. Such electricity is a byproduct when the electrical generation is subordinate to the primary purpose of water supply.
In classifying customers served or service furnished, the
city or town governing body may in its discretion consider
any or all of the following factors: The difference in cost of
service to the various customers; location of the various customers within and without the city or town; the difference in
cost of maintenance, operation, repair, and replacement of the
various parts of the system; the different character of the service furnished various customers; the quantity and quality of
the water furnished; the time of its use; the achievement of
water conservation goals and the discouragement of wasteful
water use practices; capital contributions made to the system
including, but not limited to, assessments; and any other matters which present a reasonable difference as a ground for distinction. No rate shall be charged that is less than the cost of
the water and service to the class of customers served.
For such purposes any city or town may take, condemn
and purchase, purchase, acquire, and retain water from any
public or navigable lake or watercourse, surface or ground,
and, by means of aqueducts or pipe lines, conduct it to the
city or town; and it may erect and build dams or other works
across or at the outlet of any lake or watercourse in this state
for the purpose of storing and retaining water therein up to
and above high water mark; and for all the purposes of erecting such aqueducts, pipe lines, dams, or waterworks or other
necessary structures in storing and retaining water, or for any
of the purposes provided for by this chapter, the city or town
may occupy and use the beds and shores up to the high water
mark of any such watercourse or lake, and acquire the right
by purchase, or by condemnation and purchase, or otherwise,
to any water, water rights, easements or privileges named in
this chapter, or necessary for any of said purposes, and the
35.92.010
[Title 35 RCW—page 300]
city or town may acquire by purchase or condemnation and
purchase any properties or privileges necessary to be had to
protect its water supply from pollution. Should private property be necessary for any such purposes or for storing water
above high water mark, the city or town may condemn and
purchase, or purchase and acquire such private property. For
the purposes of waterworks which include facilities for the
generation of electricity as a byproduct, nothing in this section may be construed to authorize a city or town that does
not own or operate an electric utility system to condemn electric generating, transmission, or distribution rights or facilities of entities authorized by law to distribute electricity, or to
acquire such rights or facilities without the consent of the
owner. [2002 c 102 § 2; 1991 c 347 § 18. Prior: 1985 c 445
§ 4; 1985 c 444 § 2; 1965 c 7 § 35.92.010; prior: 1959 c 90 §
6; 1957 c 209 § 2; prior: 1951 c 252 § 1; 1947 c 214 § 1, part;
1933 c 163 § 1, part; 1931 c 53 § 1, part; 1923 c 173 § 1, part;
1913 c 45 § 1, part; 1909 c 150 § 1, part; 1899 c 128 § 1, part;
1897 c 112 § 1, part; 1893 c 8 § 1, part; 1890 p 520 § 1, part;
Rem. Supp. 1947 § 9488, part. Formerly RCW 80.40.010.]
Purpose—Findings—2002 c 102: "The purpose of this act is to affirm
the authority of cities and towns to operate fire hydrants and streetlights as
part of their rate-based water and electric utilities, respectively. The legislature finds that it has been the practice of most, if not all, cities and towns, as
well as water and sewer districts, to include the operation of fire hydrants for
fire and maintenance purposes and to incorporate the cost of this operation as
a normal part of the utility’s services and general rate structure. The legislature further finds and declares that it has been the intent of the legislature that
cities and towns, just as water and sewer districts, have the right to operate
and maintain streetlights in the same manner as fire hydrants, that is, as a
normal part of the electric utility and a normal part of that utility’s general
rate structure. The legislature therefore affirms that authority." [2002 c 102
§ 1.]
Severability—2002 c 102: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2002 c 102 § 4.]
Purposes—1991 c 347: See note following RCW 90.42.005.
Severability—1991 c 347: See RCW 90.42.900.
Intent—1985 c 444: "For the purposes of this act, the legislature finds
it is the policy of the state of Washington that:
(1) The quality of the natural environment shall be protected and,
where possible, enhanced as follows: Perennial rivers and streams of the
state shall be retained with base flows necessary to provide for preservation
of wildlife, fish, scenic, aesthetic and other environmental values, and navigational values. Lakes and ponds shall be retained substantially in their natural condition. Withdrawals of water which would conflict therewith shall be
authorized only in those situations where it is clear that overriding considerations of the public interest will be served.
(2) Development of water supply systems, whether publicly or privately owned, which provide water to the public generally in regional areas
within the state shall be encouraged. Development of water supply systems
for multiple domestic use which will not serve the public generally shall be
discouraged where water supplies are available from water systems serving
the public." [1985 c 444 § 1.]
Construction—Economic feasibility study—1985 c 444: "(1) Nothing in this act exempts any city or town, water district, or sewer district from
compliance with applicable state and federal statutes and regulations including but not limited to: State environmental policy act, chapter 43.21C RCW;
national environmental policy act, 42 U.S.C. Sec. 4321 et seq.; federal power
act, 16 U.S.C. Sec. 791 et seq.; public utility regulatory policies act, 15
U.S.C. Sec. 717f; Pacific northwest electric power planning and conservation act, 16 U.S.C. Sec. 839; energy financing voter approval act, chapter
80.52 RCW; water resources act, chapter 90.54 RCW; federal clean water
act, 33 U.S.C. Sec. 1251 et seq.; the public water system coordination act,
chapter 70.116 RCW; and the state clean water act, chapter 90.48 RCW.
(2) In addition, if the work proposed under this act involves a new
water supply project combined with an electric generation facility with an
installed capacity in excess of five megawatts which may produce electricity
(2008 Ed.)
Municipal Utilities
for sale in excess of present and future needs of the water system, then each
of those with a greater than twenty-five percent ownership interest in the
project shall jointly prepare an independent economic feasibility study evaluating the cost-effectiveness of the combined facility in the context of forecast regional water needs, alternate sources of water supply, and the potential
impact of the combined facility on rates charged for water and electricity.
In addition to the economic feasibility study, the results of the environmental impact statement required by chapter 43.21C RCW and any review
by the department of ecology made pursuant to chapter 90.54 RCW shall be
made available to the public at least sixty days prior to any public vote on the
new combined project.
(3) This act supplements the authority of cities and towns, water districts, and sewer districts and does not restrict or impose limits on any
authority such municipal corporations may otherwise have under any laws of
this state nor may the authority of such municipal corporations under other
laws of this state be construed more narrowly on account of this act." [1985
c 444 § 7.]
Severability—1985 c 444: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1985 c 444 § 8.]
Validating—1917 c 12: "Whenever any city or town has heretofore
issued or authorized to be issued by such vote of its electors as is required by
law at any election duly and legally held to vote on such proposition, such
utility bonds for the purpose of purchasing, paying for or acquiring any such
utility as is described in this act, in every such case such utility bonds are
hereby declared to be legal and valid, and such city or town is hereby authorized and empowered to proceed to issue and negotiate such bonds and to
continue and conclude proceedings for the purchase or acquirement of such
utility, and is hereby given full power to maintain and operate the same
within all and every part of such contiguous territory whether incorporated or
unincorporated." [1917 c 12 § 2.]
Validating—1909 c 150: "That in all cases where the qualified electors
of any city or town have heretofore, at any election, ratified any plan or system of any public utility mentioned in section 1 of this act, and shall have
authorized a general indebtedness of such city or town and the issuance of
bonds therefor, or the creation of a special fund or funds out of the revenues
of the public utility the plan or system of which was so ratified, and the issuance of bonds or warrants payable only out of such fund or funds; and pursuant to such authorization or ratification a general indebtedness shall have
been incurred or authorized to be incurred, and bonds or other obligations
issued or contracted to be issued or authorized to be issued, or a special fund
or funds shall have been created out of the revenue of any such public utility
by pledging or setting aside a fixed proportion of such revenues, or a fixed
amount out of and not exceeding a fixed proportion or a fixed amount without regard to any fixed proportion, and bonds or warrants payable either
upon the call of such city or town or at a fixed date, but only out of such special fund or funds, issued or contracted to be issued or authorized to be
issued, or a contract or contracts for the purchase, construction, acquisition,
improvement, betterment, or addition to such public utility entered into; such
general indebtedness, bonds or other obligations, contracts, special funds,
and bonds or warrants, payable out of such special funds, and all proceedings
relating thereto, are hereby ratified, confirmed and validated; and any bonds
or other obligations constituting a general indebtedness, or bonds or warrants
payable out of such special funds, heretofore so authorized, may be hereafter
issued or sold as if all of said proceedings were taken pursuant to and under
the authority of this act, and in full compliance therewith." [1909 c 150 § 5.]
Eminent domain by cities: Chapter 8.12 RCW.
Evaluation of application to appropriate water for electric generation facility: RCW 90.54.170.
35.92.012 May accept and operate water-sewer district’s property when boundaries are identical. A city or
town, whose boundaries are identical with those of a watersewer district, or within which a water-sewer district is
entirely located, which is free from all debts and liabilities
except contractual obligations between the district and the
town, may accept the property and assets of the district and
operate such property and assets as a municipal waterworks,
if the district and the city or town each participate in a summary dissolution proceedings for the district as provided in
35.92.012
(2008 Ed.)
35.92.017
RCW 57.04.110. [1999 c 153 § 39; 1965 c 7 § 35.92.012.
Prior: 1955 c 358 § 2. Formerly RCW 80.40.012.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
35.92.014 Acquisition of out-of-state waterworks.
Municipalities of this state under ordinance of the governing
body are empowered to acquire by purchase or lease, and to
maintain and operate, in cooperation with neighboring
municipalities of states bordering this state, the out-of-state
property, plant and equipment of privately owned utilities
supplying water to the purchasing municipalities from an outof-state source: PROVIDED, The legislature of the state in
which such property, plant, equipment and supply are
located, by enabling legislation similar to this, authorizes its
municipalities to join in such acquisition, maintenance and
operation. [1965 c 7 § 35.92.014. Prior: 1951 c 39 § 1. Formerly RCW 80.40.014.]
35.92.014
35.92.015 Acquisition of out-of-state waterworks—
Joint acquisition and operation. The governing bodies of
the municipalities acting jointly under RCW 35.92.014 and
this section shall have authority by mutual agreement to exercise jointly all powers granted to each individual municipality in the acquisition, maintenance and operation of a water
supply system. [1965 c 7 § 35.92.015. Prior: 1951 c 39 § 2.
Formerly RCW 80.40.015.]
35.92.015
35.92.017 Authority to assist customers in the acquisition of water conservation equipment—Limitations.
Any city or town engaged in the sale or distribution of water
is hereby authorized, within limits established by the Constitution of the state of Washington, to assist the owners of
structures in financing the acquisition and installation of fixtures, systems, and equipment, for compensation or otherwise, for the conservation or more efficient use of water in
the structures under a water conservation plan adopted by the
city or town if the cost per unit of water saved or conserved
by the use of the fixtures, systems, and equipment is less than
the cost per unit of water supplied by the next least costly new
water source available to the city or town to meet future
demand. Except where otherwise authorized, assistance shall
be limited to:
(1) Providing an inspection of the structure, either
directly or through one or more inspectors under contract, to
determine and inform the owner of the estimated cost of purchasing and installing conservation fixtures, systems, and
equipment for which financial assistance will be approved
and the estimated life cycle savings to the water system and
the consumer that are likely to result from the installation of
the fixtures, systems, or equipment;
(2) Providing a list of businesses that sell and install the
fixtures, systems, and equipment within or in close proximity
to the service area of the city or town, each of which businesses shall have requested to be included and shall have the
ability to provide the products in a workmanlike manner and
to utilize the fixtures, systems, and equipment in accordance
with the prevailing national standards;
(3) Arranging to have approved conservation fixtures,
systems, and equipment installed by a private contractor
35.92.017
[Title 35 RCW—page 301]
35.92.020
Title 35 RCW: Cities and Towns
whose bid is acceptable to the owner of the structure and verifying the installation; and
(4) Arranging or providing financing for the purchase
and installation of approved conservation fixtures, systems,
and equipment. The fixtures, systems, and equipment shall be
purchased or installed by a private business, the owner, or the
utility.
Pay back shall be in the form of incremental additions to
the utility bill, billed either together with use charge or separately. Loans shall not exceed one hundred twenty months in
length. [1989 c 421 § 3.]
Intent—Water conservation encouraged—1989 c 421: "The conservation and efficient use of water is found and declared to be a public purpose
of highest priority. The legislature further finds and declares that all municipal corporations, public utility districts, water districts, and other political
subdivisions of the state that are engaged in the sale or distribution of water
should be granted the authority to develop and carry out programs that will
conserve resources, reduce waste, and encourage more efficient use of water
by consumers.
In order to establish the most effective statewide program for water
conservation, the legislature hereby encourages any company, corporation,
or association engaged in selling or furnishing utility services to assist their
customers in the acquisition and installation of fixtures, systems, and equipment, for compensation or otherwise, for the conservation or more efficient
use of water." [1989 c 421 § 1.]
Contingent effective date—1989 c 421: "This act shall take effect on
the same date as the proposed amendment to Article VIII of the state Constitution, authorizing the use of public moneys or credit to promote conservation or more efficient use of water, is validly submitted and is approved and
ratified by the voters at a general election held in November 1989. If the proposed amendment is not so approved and ratified, this act shall be void in its
entirety." [1989 c 421 § 6.] Senate Joint Resolution No. 8210 was approved
and ratified by the voters at the November 7, 1989, general election.
35.92.020
35.92.020 Authority to acquire and operate sewerage
and solid waste handling systems, plants, sites, or facilities—Classification of services and facilities for rates—
Assistance for low-income persons. (1) A city or town may
construct, condemn and purchase, purchase, acquire, add to,
alter, maintain, and operate systems, plants, sites, or other
facilities of sewerage as defined in RCW 35.67.010, or solid
waste handling as defined by RCW 70.95.030. A city or
town shall have full authority to manage, regulate, operate,
control, and, except as provided in subsection (3) of this section, to fix the price of service and facilities of those systems,
plants, sites, or other facilities within and without the limits
of the city or town.
(2) Subject to subsection (3) of this section, the rates
charged shall be uniform for the same class of customers or
service and facilities. In classifying customers served or service and facilities furnished by a system or systems of sewerage, the legislative authority of the city or town may in its discretion consider any or all of the following factors:
(a) The difference in cost of service and facilities to customers;
(b) The location of customers within and without the city
or town;
(c) The difference in cost of maintenance, operation,
repair, and replacement of the parts of the system;
(d) The different character of the service and facilities
furnished to customers;
(e) The quantity and quality of the sewage delivered and
the time of its delivery;
[Title 35 RCW—page 302]
(f) Capital contributions made to the systems, plants,
sites, or other facilities, including but not limited to, assessments;
(g) The nonprofit public benefit status, as defined in
RCW 24.03.490, of the land user; and
(h) Any other factors that present a reasonable difference
as a ground for distinction.
(3) The rate a city or town may charge under this section
for storm or surface water sewer systems or the portion of the
rate allocable to the storm or surface water sewer system of
combined sanitary sewage and storm or surface water sewer
systems shall be reduced by a minimum of ten percent for any
new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate
reductions in excess of ten percent dependent upon the
amount of rainwater harvested.
(4) Rates or charges for on-site inspection and maintenance services may not be imposed under this chapter on the
development, construction, or reconstruction of property.
(5) A city or town may provide assistance to aid lowincome persons in connection with services provided under
this chapter.
(6) Under this chapter, after July 1, 1998, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained inspector, trained owner’s agent, or trained owner. Training must
occur in a program approved by the state board of health or
by a local health officer.
(7) Before adopting on-site inspection and maintenance
utility services, or incorporating residences into an on-site
inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area
that have on-site systems permitted by the local health
officer. The notice must clearly state that the residence is
within the proposed service area and must provide information on estimated rates or charges that may be imposed for the
service.
(8) A city or town shall not provide on-site sewage system inspection, pumping services, or other maintenance or
repair services under this section using city or town employees unless the on-site system is connected by a publicly
owned collection system to the city or town’s sewerage system, and the on-site system represents the first step in the
sewage disposal process. Nothing in this section shall affect
the authority of state or local health officers to carry out their
responsibilities under any other applicable law. [2003 c 394
§ 2; 1997 c 447 § 9; 1995 c 124 § 5; 1989 c 399 § 6; 1985 c
445 § 5; 1965 c 7 § 35.92.020. Prior: 1959 c 90 § 7; 1957 c
288 § 3; 1957 c 209 § 3; prior: 1947 c 214 § 1, part; 1933 c
163 § 1, part; 1931 c 53 § 1, part; 1923 c 173 § 1, part; 1913
c 45 § 1, part; 1909 c 150 § 1, part; 1899 c 128 § 1, part; 1897
c 112 § 1, part; 1893 c 8 § 1, part; 1890 p 520 § 1, part; Rem.
Supp. 1947 § 9488, part. Formerly RCW 80.40.020.]
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
(2008 Ed.)
Municipal Utilities
35.92.021 Public property subject to rates and
charges for storm water control facilities. Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state of Washington and state
property, shall be subject to rates and charges for storm water
control facilities to the same extent private persons and private property are subject to such rates and charges that are
imposed by cities and towns pursuant to RCW 35.92.020. In
setting these rates and charges, consideration may be made of
in-kind services, such as stream improvements or donation of
property. [1986 c 278 § 56; 1983 c 315 § 2.]
35.92.021
Severability—1986 c 278: See note following RCW 36.01.010.
Severability—1983 c 315: See note following RCW 90.03.500.
Flood control zone districts—Storm water control improvements: Chapter
86.15 RCW.
Rates and charges for storm water control facilities—Limitations—Definitions: RCW 90.03.500 through 90.03.525. See also RCW 35.67.025,
36.89.085, and 36.94.145.
35.92.023 Solid waste—Compliance with chapter
70.95 RCW required. See RCW 35.21.154.
35.92.023
35.92.025 Authority to make charges for connecting
to water or sewerage system—Interest charges. Cities and
towns are authorized to charge property owners seeking to
connect to the water or sewerage system of the city or town as
a condition to granting the right to so connect, in addition to
the cost of such connection, such reasonable connection
charge as the legislative body of the city or town shall determine proper in order that such property owners shall bear
their equitable share of the cost of such system. The equitable
share may include interest charges applied from the date of
construction of the water or sewer system until the connection, or for a period not to exceed ten years, at a rate commensurate with the rate of interest applicable to the city or town at
the time of construction or major rehabilitation of the water
or sewer system, or at the time of installation of the water or
sewer lines to which the property owner is seeking to connect
but not to exceed ten percent per year: PROVIDED, That the
aggregate amount of interest shall not exceed the equitable
share of the cost of the system allocated to such property
owners. Connection charges collected shall be considered
revenue of such system. [1985 c 445 § 6; 1965 c 7 §
35.92.025. Prior: 1959 c 90 § 8. Formerly RCW 80.40.025.]
35.92.025
35.92.027 Extension of water and sewer facilities outside city subject to review by boundary review board.
The extension of water or sewer facilities outside of the
boundaries of a city or town may be subject to potential
review by a boundary review board under chapter 36.93
RCW. [1989 c 84 § 34.]
35.92.027
35.92.030 Authority to acquire and operate stone or
asphalt plants. A city or town may also construct, condemn
and purchase, purchase, acquire, add to, alter, maintain, and
operate works, plants and facilities for the preparation and
manufacture of all stone or asphalt products or compositions
or other materials which may be used in street construction or
maintenance, together with the right to use them, and also fix
the price of and sell such products for use in the construction
of municipal improvements. [1985 c 445 § 8; 1965 c 7 §
35.92.030
(2008 Ed.)
35.92.050
35.92.030. Prior: 1957 c 288 § 4; 1957 c 209 § 4; prior: 1947
c 214 § 1, part; 1933 c 163 § 1, part; 1931 c 53 § 1, part; 1923
c 173 § 1, part; 1913 c 45 § 1, part; 1909 c 150 § 1, part; 1899
c 128 § 1, part; 1897 c 112 § 1, part; 1893 c 8 § 1, part; 1890
p 520 § 1, part; Rem. Supp. 1947 § 9488, part. Formerly
RCW 80.40.030.]
Eminent domain by cities: Chapter 8.12 RCW.
35.92.040
35.92.040 Authority to acquire and operate public
markets and cold storage plants—"Public markets"
defined. A city or town may also construct, acquire, and
operate public markets and cold storage plants for the sale
and preservation of butter, eggs, meats, fish, fruits, vegetables, and other perishable provisions. Whenever the words
"public markets" are used in this chapter and the public market is managed in whole or in part by a public corporation
created by a city, the words shall be construed to include all
real or personal property located in a district or area designated by a city as a public market and traditionally devoted to
providing farmers, crafts vendors and other merchants with
retail space to market their wares to the public. Property
located in such a district or area need not be exclusively or
primarily used for such traditional public market retail activities and may include property used for other public purposes
including, but not limited to, the provision of human services
and low-income or moderate-income housing. [1990 c 189 §
4; 1965 c 7 § 35.92.040. Prior: 1957 c 288 § 5; 1957 c 209 §
5; prior: 1947 c 214 § 1, part; 1933 c 163 § 1, part; 1931 c 53
§ 1, part; 1923 c 173 § 1, part; 1913 c 45 § 1, part; 1909 c 150
§ 1, part; 1899 c 128 § 1, part; 1897 c 112 § 1, part; 1893 c 8
§ 1, part; 1890 p 520 § 1, part; Rem. Supp. 1947 § 9488, part.
Formerly RCW 80.40.040.]
35.92.050
35.92.050 Authority to acquire and operate utilities.
A city or town may also construct, condemn and purchase,
purchase, acquire, add to, alter, maintain and operate works,
plants, facilities for the purpose of furnishing the city or town
and its inhabitants, and any other persons, with gas, electricity, and other means of power and facilities for lighting,
including streetlights as an integral utility service incorporated within general rates, heating, fuel, and power purposes,
public and private, with full authority to regulate and control
the use, distribution, and price thereof, together with the right
to handle and sell or lease, any meters, lamps, motors, transformers, and equipment or accessories of any kind, necessary
and convenient for the use, distribution, and sale thereof;
authorize the construction of such plant or plants by others
for the same purpose, and purchase gas, electricity, or power
from either within or without the city or town for its own use
and for the purpose of selling to its inhabitants and to other
persons doing business within the city or town and regulate
and control the use and price thereof. [2002 c 102 § 3; 1985
c 445 § 9; 1965 c 7 § 35.92.050. Prior: 1957 c 288 § 6; 1957
c 209 § 6; prior: 1947 c 214 § 1, part; 1933 c 163 § 1, part;
1931 c 53 § 1, part; 1923 c 173 § 1, part; 1913 c 45 § 1, part;
1909 c 150 § 1, part; 1899 c 128 § 1, part; 1897 c 112 § 1,
part; 1893 c 8 § 1, part; 1890 p 520 § 1, part; Rem. Supp.
1947 § 9488, part. Formerly RCW 80.40.050.]
Purpose—Findings—Severability—2002 c 102: See notes following
RCW 35.92.010.
[Title 35 RCW—page 303]
35.92.052
Title 35 RCW: Cities and Towns
35.92.052 First-class cities operating electrical facilities—Participation in agreements to use or own high voltage transmission facilities and other electrical generating
facilities—Terms—Limitations. (1) Except as provided in
subsection (3) of this section, cities of the first class which
operate electric generating facilities and distribution systems
shall have power and authority to participate and enter into
agreements for the use or undivided ownership of high voltage transmission facilities and capacity rights in those facilities and for the undivided ownership of any type of electric
generating plants and facilities, including, but not limited to,
nuclear and other thermal power generating plants and facilities and transmission facilities including, but not limited to,
related transmission facilities, to be called "common facilities"; and for the planning, financing, acquisition, construction, operation, and maintenance with: (a) Each other; (b)
electrical companies which are subject to the jurisdiction of
the Washington utilities and transportation commission or the
regulatory commission of any other state, to be called "regulated utilities"; (c) rural electric cooperatives, including generation and transmission cooperatives in any state; (d) municipal corporations, utility districts, or other political subdivisions in any state; and (e) any agency of the United States
authorized to generate or transmit electrical energy. It shall
be provided in such agreements that each city shall use or
own a percentage of any common facility equal to the percentage of the money furnished or the value of property supplied by it for the acquisition and construction of or additions
or improvements to the facility and shall own and control or
provide for the use of a like percentage of the electrical transmission or output.
(2) A city using or owning common facilities under this
section may issue revenue bonds or other obligations to
finance the city’s share of the use or ownership of the common facilities.
(3) Cities of the first class shall have the power and
authority to participate and enter into agreements for the use
or undivided ownership of a coal-fired thermal electric generating plant and facility placed in operation before July 1,
1975, including related common facilities, and for the planning, financing, acquisition, construction, operation, and
maintenance of the plant and facility. It shall be provided in
such agreements that each city shall use or own a percentage
of any common facility equal to the percentage of the money
furnished or the value of property supplied by the city for the
acquisition and construction of or additions or improvements
to the facility and shall own and control or provide for the use
of a like percentage of the electrical transmission or output of
the facility. Cities may enter into agreements under this subsection with each other, with regulated utilities, with rural
electric cooperatives, with utility districts, with electric companies subject to the jurisdiction of the regulatory commission of any other state, and with any power marketer subject
to the jurisdiction of the federal energy regulatory commission.
(4) The agreement must provide that each participant
shall defray its own interest and other payments required to
be made or deposited in connection with any financing
undertaken by it to pay its percentage of the money furnished
or value of property supplied by it for the planning, acquisition, and construction of any common facility, or any addi35.92.052
[Title 35 RCW—page 304]
tions or betterments. The agreement shall provide a uniform
method of determining and allocating operation and maintenance expenses of a common facility.
(5) Each city participating in the ownership, use, or operation of a common facility shall pay all taxes chargeable to its
share of the common facility and the electric energy generated under any applicable statutes and may make payments
during preliminary work and construction for any increased
financial burden suffered by any county or other existing taxing district in the county in which the common facility is
located, under agreement with such county or taxing district.
(6) In carrying out the powers granted in this section,
each such city shall be severally liable only for its own acts
and not jointly or severally liable for the acts, omissions, or
obligations of others. No money or property supplied by any
such city for the planning, financing, acquisition, construction, operation, or maintenance of, or addition or improvement to any common facility shall be credited or otherwise
applied to the account of any other participant therein, nor
shall the undivided share of any city in any common facility
be charged, directly or indirectly, with any debt or obligation
of any other participant or be subject to any lien as a result
thereof. No action in connection with a common facility shall
be binding upon any city unless authorized or approved by
resolution or ordinance of its governing body.
(7) Any city acting jointly outside the state of Washington, by mutual agreement with any participant under authority of this section, shall not acquire properties owned or operated by any public utility district, by any regulated utility, or
by any public utility owned by a municipality without the
consent of the utility owning or operating the property, and
shall not participate in any condemnation proceeding to
acquire such properties. [1997 c 230 § 1; 1992 c 11 § 1; 1989
c 249 § 1.]
35.92.054 May acquire electrical distribution property from public utility district. Any city or town may
acquire by purchase or condemnation from any public utility
district or combination of public utility districts any electrical
distribution property within the boundaries of such city or
town: PROVIDED, That such right of condemnation shall
not apply to a city or town located within a public utility district that owns the electric distribution properties sought to be
condemned. [1965 c 7 § 35.92.054. Prior: 1953 c 97 § 1;
1951 c 272 § 1. Formerly RCW 80.40.054.]
35.92.054
Right of county-wide utility district to acquire distribution properties: RCW
54.32.040.
35.92.060 Authority to acquire and operate transportation facilities. A city or town may also construct, condemn and purchase, purchase, acquire, add to, alter, maintain,
operate, or lease cable, electric, and other railways, automobiles, motor cars, motor buses, auto trucks, and any and all
other forms or methods of transportation of freight or passengers within the corporate limits of the city or town, and a
first-class city may also construct, purchase, acquire, add to,
alter, maintain, operate, or lease cable, electric, and other railways beyond those corporate limits only within the boundaries of the county in which the city is located and of any
adjoining county, for the transportation of freight and passengers above, upon, or underneath the ground. It may also fix,
35.92.060
(2008 Ed.)
Municipal Utilities
alter, regulate, and control the fares and rates to be charged
therefor; and fares or rates may be adjusted or eliminated for
any distinguishable class of users including, but not limited
to, senior citizens, handicapped persons, and students. Without the payment of any license fee or tax, or the filing of a
bond with, or the securing of a permit from, the state, or any
department thereof, the city or town may engage in, carry on,
and operate the business of transporting and carrying passengers or freight for hire by any method or combination of
methods that the legislative authority of any city or town may
by ordinance provide, with full authority to regulate and control the use and operation of vehicles or other agencies of
transportation used for such business. [1995 c 42 § 1; 1991 c
124 § 1; 1990 c 43 § 49; 1985 c 445 § 10; 1981 c 25 § 2; 1965
c 7 § 35.92.060. Prior: 1957 c 288 § 7; 1957 c 209 § 7; prior:
1947 c 214 § 1, part; 1933 c 163 § 1, part; 1931 c 53 § 1, part;
1923 c 173 § 1, part; 1913 c 45 § 1, part; 1909 c 150 § 1, part;
1899 c 128 § 1, part; 1897 c 112 § 1, part; 1893 c 8 § 1, part;
1890 p 520 § 1, part; Rem. Supp. 1947 § 9488, part. Formerly
RCW 80.40.060.]
Construction—Severability—Headings—1990 c 43: See notes following RCW 81.100.010.
Additional sales and use taxes: RCW 82.14.045.
Public transportation systems, financing, purchase of leased systems: Chapter 35.95 RCW.
35.92.070 Procedure—Election. When the governing
body of a city or town deems it advisable that the city or town
purchase, acquire, or construct any such public utility, or
make any additions and betterments thereto or extensions
thereof, it shall provide therefor by ordinance, which shall
specify and adopt the system or plan proposed, and declare
the estimated cost thereof, as near as may be, and the ordinance shall be submitted for ratification or rejection by
majority vote of the voters of the city or town at a general or
special election.
(1) No submission shall be necessary:
(a) When the work proposed is an addition to, or betterment of, extension of, or an increased water supply for existing waterworks, or an addition, betterment, or extension of an
existing system or plant of any other public utility;
(b) When in the charter of a city a provision has been
adopted authorizing the corporate authorities thereof to provide by ordinance for acquiring, opening, or operating any of
such public utilities; or
(c) When in the judgment of the corporate authority, the
public health is being endangered by the discharge of raw or
untreated sewage into any body of water and the danger to the
public health may be abated by the construction and maintenance of a sewage disposal plant.
(2) Notwithstanding subsection (1) of this section, submission to the voters shall be necessary if:
(a) The project or work may produce electricity for sale
in excess of present or future needs of the water system;
(b) The city or town does not own or operate an electric
utility system;
(c) The work involves an ownership greater than twentyfive percent in a new water supply project combined with an
electric generation facility; and
(d) The combined facility has an installed capacity in
excess of five megawatts.
35.92.070
(2008 Ed.)
35.92.090
(3) Notwithstanding subsection (1) of this section, submission to the voters shall be necessary to make extensions to
a public utility which would expand the previous service
capacity by fifty percent or more, where such increased service capacity is financed by the issuance of general obligation bonds.
(4) Thirty days’ notice of the election shall be given in
the official newspaper of the city or town, by publication at
least once each week in the paper during such time.
(5) When a proposition has been adopted, or in the cases
where no submission is necessary, the corporate authorities
of the city or town may proceed forthwith to purchase, construct, and acquire the public utility or make additions, betterments, and extensions thereto and to make payment therefor.
[1987 c 145 § 1. Prior: 1985 c 445 § 11; 1985 c 444 § 3; 1965
c 7 § 35.92.070; prior: 1941 c 147 § 1; 1931 c 53 § 2; 1909 c
150 § 2; 1901 c 85 § 1; 1897 c 112 § 2; 1893 c 8 § 2; 1891 c
141 § 1; 1890 p 520 § 2; Rem. Supp. 1941 § 9489. Formerly
RCW 80.40.070.]
Intent—Construction—Severability—1985 c 444: See notes following RCW 35.92.010.
Elections: Title 29A RCW.
35.92.075 Indebtedness incurred on credit of
expected utility revenues. A city or town may contract
indebtedness and borrow money for a period not in excess of
two years for any public utility purpose on the credit of the
revenues expected from such public utility. [1982 c 24 § 1.]
35.92.075
35.92.080 General obligation bonds. General obligation bonds may be issued by a city or town for the purposes
of providing all or part of the costs of purchasing, acquiring,
or constructing a public utility or making any additions, betterments, or alterations thereto, or extensions thereof. The
bonds shall be issued and sold in accordance with chapter
39.46 RCW.
There shall be levied each year a tax upon the taxable
property of the city or town sufficient to pay the interest on
and principal of the bonds then due, which taxes shall
become due and collectible as other taxes: PROVIDED, That
it may pledge to the payment of such principal and interest
the revenue of the public utility being acquired, constructed,
or improved out of the proceeds of sale of such bonds. Such
pledge of revenue shall constitute a binding obligation,
according to its terms, to continue the collection of such revenue so long as such bonds or any of them are outstanding,
and to the extent that revenues are insufficient to meet the
debt service requirements on such bonds, the governing body
of the municipality shall provide for the levy of taxes sufficient to meet such deficiency. [1985 c 445 § 12; 1984 c 186
§ 23; 1983 c 167 § 67; 1970 ex.s. c 56 § 47; 1969 ex.s. c 232
§ 24; 1967 c 107 § 1; 1965 c 118 § 2; 1965 c 7 § 35.92.080.
Prior: 1909 c 150 § 3, part; RRS § 9490, part. Formerly
RCW 80.40.080.]
35.92.080
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.92.090 Limit of indebtedness. The total general
indebtedness incurred under this chapter, added to all other
35.92.090
[Title 35 RCW—page 305]
35.92.100
Title 35 RCW: Cities and Towns
indebtedness of a city or town at any time outstanding, shall
not exceed the amounts of indebtedness authorized by chapter 39.36 RCW, as now or hereafter amended, to be incurred
without and with the assent of the voters: PROVIDED, That
a city or town may become indebted to a larger amount, but
not exceeding the amount authorized therefor by chapter
39.36 RCW, as now or hereafter amended, for supplying it
with water, artificial light, and sewers when works for supplying such water, light, and sewers are owned and controlled
by the city or town. [1965 c 7 § 35.92.090. Prior: 1909 c 150
§ 3, part; RRS § 9490, part. Formerly RCW 80.40.090.]
Limitations upon indebtedness: State Constitution Art. 7 § 2 (Amendments
55, 59), Art. 8 § 6 (Amendment 27), RCW 84.52.050.
35.92.100 Revenue bonds or warrants. (1) When the
voters of a city or town, or the corporate authorities thereof,
have adopted a proposition for any public utility and either no
general indebtedness has been authorized or the corporate
authorities do not desire to incur a general indebtedness, and
when the corporate authorities are authorized to exercise any
of the powers conferred by this chapter without submitting
the proposition to a vote, the corporate authorities may create
a special fund for the sole purpose of defraying the cost of the
public utility or addition, betterment, or extension thereto,
into which special fund they may obligate and bind the city or
town to set aside and pay a fixed proportion of the gross revenues of the utility, or any fixed amount out of and not
exceeding a fixed proportion of such revenues, or a fixed
amount without regard to any fixed proportion, and issue and
sell bonds or warrants bearing interest at a rate or rates as
authorized by the corporate authorities; payable semiannually, executed in such manner and payable at such times and
places as the corporate authorities shall determine, but the
bonds or warrants and the interest thereon shall be payable
only out of the special fund and shall be a lien and charge
against payments received from any utility local improvement district assessments pledged to secure such bonds. Such
bonds shall be negotiable instruments within the meaning of
the negotiable instruments law, Title 62A RCW, notwithstanding same are made payable out of a particular fund contrary to the provisions of RCW 62A.3-105. Such bonds and
warrants may be of any form, including bearer bonds or
bearer warrants, or registered bonds or registered warrants as
provided in RCW 39.46.030.
When corporate authorities deem it necessary to construct any sewage disposal plant, it may be considered as a
part of the waterworks department of the city or town and the
cost of construction and maintenance thereof may be chargeable to the water fund of the municipality, or to any other special fund which the corporate authorities may by ordinance
designate.
In creating a special fund, the corporate authorities shall
have due regard to the cost of operation and maintenance of
the plant or system as constructed or added to, and to any proportion or part of the revenue previously pledged as a fund
for the payment of bonds, warrants, or other indebtedness,
and shall not set aside into such special fund a greater amount
or proportion of the revenue and proceeds than in their judgment will be available above such cost of maintenance and
operation and the amount or proportion, if any, of the revenue
so previously pledged. Rates shall be maintained adequate to
35.92.100
[Title 35 RCW—page 306]
service such bonds and to maintain the utility in sound financial condition.
The bonds or warrants and interest thereon issued against
any such fund shall be a valid claim of the owner thereof only
as against the special fund and its fixed proportion or amount
of the revenue pledged thereto, and shall not constitute an
indebtedness of the city or town within the meaning of constitutional provisions and limitations. Each bond or warrant
shall state upon its face that it is payable from a special fund,
naming it and the ordinance creating it. The bonds and warrants shall be sold in such manner as the corporate authorities
shall deem for the best interest of the city or town, and they
may provide in any contract for the construction and acquirement of the proposed improvement that payment therefor
shall be made only in such bonds and warrants at par value
thereof.
When a special fund is created and any such obligation is
issued against it, a fixed proportion, or a fixed amount out of
and not exceeding such fixed proportion, or a fixed amount
without regard to any fixed proportion, of revenue shall be set
aside and paid into such fund as provided in the ordinance
creating it, and in case the city or town fails to thus set aside
and pay such fixed proportion or amount, the owner of any
bond or warrant against the fund may bring action against the
city or town and compel such setting aside and payment:
PROVIDED, That whenever the corporate authorities of any
city or town shall so provide by ordinance then all such bonds
thereafter issued shall be on a parity, without regard to date of
issuance or authorization and without preference or priority
of right or lien with respect to participation of special funds in
amounts from gross revenues for payment thereof.
(2) Notwithstanding subsection (1) of this section, such
bonds and warrants may be issued and sold in accordance
with chapter 39.46 RCW. [1983 c 167 § 68; 1983 c 3 § 57;
1970 ex.s. c 56 § 48; 1969 ex.s. c 232 § 25; 1967 c 52 § 25;
1965 c 7 § 35.92.100. Prior: 1953 c 231 § 1; 1931 c 53 § 3;
1909 c 150 § 4; RRS § 9491. Formerly RCW 80.40.100.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
Alternative authority to issue revenue bonds: RCW 39.46.150, 39.46.160.
Funds for reserve purposes may be included in issue amount: RCW
39.44.140.
Instruments payable from a particular fund: RCW 62A.3-105.
Municipal revenue bond act: Chapter 35.41 RCW.
35.92.105 Revenue bonds, warrants, or other evidences of indebtedness for energy or water conservation
programs. A city or town engaged in the sale or distribution
of water or energy may issue revenue bonds, warrants, or
other evidences of indebtedness in the manner provided by
this chapter for the purpose of defraying the cost of financing
programs for the conservation or more efficient use of energy
or water. The bonds, warrants, or other evidences of indebtedness shall be deemed to be for capital purposes within the
meaning of the uniform system of accounts for municipal
corporations. [1992 c 25 § 1; 1981 c 273 § 1.]
35.92.105
(2008 Ed.)
Municipal Utilities
Uniform system of accounts for local governments: RCW 43.09.200.
35.92.110 Funding or refunding bonds. The legislative authority of a city or town which has any outstanding
warrants or bonds issued for the purpose of purchasing,
acquiring, or constructing any such public utility or for making any additions or betterments thereto or extensions
thereof, whether the warrants or bonds are general obligation
warrants or bonds of the municipality or are payable solely
from a special fund, into which fund the city or town is bound
and obligated to set aside and pay any proportion or part of
the revenue of the public utility, for the purchase, acquisition,
or construction of which utility or the making of any additions and betterments thereto or extensions thereof such outstanding warrants or bonds were issued, may, without submitting the matter to the voters, provide for the issuance of
funding or refunding bonds with which to take up, cancel,
retire, and refund such outstanding warrants or bonds, or any
part thereof, at maturity thereof, or before the maturity
thereof, if they are subject to call for prior redemption. [1965
c 7 § 35.92.110. Prior: 1935 c 81 § 1; RRS § 9492-1. Formerly RCW 80.40.110.]
35.92.110
35.92.120 Funding or refunding bonds—Bonds not
general obligation. Such funding or refunding bonds shall
not be a general indebtedness of the city or town, but shall be
payable solely from a special fund created therefor by ordinance. Each bond shall state upon its face that it is payable
from a special fund, naming the fund and the ordinance creating it. [1965 c 7 § 35.92.120. Prior: 1935 c 81 § 2; RRS §
9492-2. Formerly RCW 80.40.120.]
35.92.120
35.92.130 Funding or refunding bonds—Single issue
may refund multiple series. At the option of the legislative
authority of the city or town various series and issues of outstanding warrants or bonds, or parts thereof, issued for the
purpose of acquiring or constructing any public utility, or for
making any additions or betterments thereto or extensions
thereof, may be funded or refunded by a single issue of funding or refunding bonds. No proportion or part of the revenue
of any one such public utility shall be pledged for the payment of funding or refunding bonds issued to fund or refund
warrants or bonds issued for the acquisition or construction,
or the making of additions or betterments to or extensions of,
any other public utility. [1965 c 7 § 35.92.130. Prior: 1935 c
81 § 3; RRS § 9492-3. Formerly RCW 80.40.130.]
35.92.130
35.92.140 Funding or refunding bonds—Issuance of
bonds—Ordinance. When the legislative authority of a city
or town determines to issue such funding or refunding bonds,
it shall provide therefor by ordinance, which shall create a
special fund for the sole purpose of paying the bonds and the
interest thereon, into which fund the ordinance shall bind and
obligate the city or town to set aside and pay a fixed amount
without regard to any fixed proportion out of the gross revenue of the public utility as provided therein. In creating such
special fund, the legislative authority shall have due regard to
the cost of operation and maintenance of the utility as constructed or added to, and to any proportion or part of the revenue thereof previously pledged as a fund for the payment of
35.92.140
(2008 Ed.)
35.92.170
bonds, warrants, or other indebtedness, and shall not bind and
obligate the city or town to set aside into the fund a greater
amount of the revenue of the utility than in its judgment will
be available above the cost of maintenance and operation and
the amount or proportion of the revenue thereof so previously
pledged. [1965 c 7 § 35.92.140. Prior: 1935 c 81 § 4, part;
RRS § 9492-4, part. Formerly RCW 80.40.140.]
35.92.150 Funding or refunding bonds—Terms of
bonds. (1) Such funding or refunding bonds, together with
the interest thereon, issued against the special fund shall be a
valid claim of the owner thereof only as against such fund,
and the amount of the revenue of the utility pledged thereto,
and shall not constitute an indebtedness of the city or town
within the meaning of constitutional or statutory provisions
and limitations. They shall be sold in such manner as the corporate authorities shall deem for the best interest of the
municipality. The effective rate of interest on the bonds shall
not exceed the effective rate of interest on warrants or bonds
to be funded or refunded thereby. Interest on the bonds shall
be paid semiannually. The bonds shall be executed in such
manner and payable at such time and place as the legislative
authority shall by ordinance determine. Nothing in this chapter shall prevent a city or town from funding or refunding any
of its indebtedness in any other manner provided by law.
Such bonds may be of any form, including bearer bonds or
registered bonds as provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 69; 1965 c 7 § 35.92.150. Prior:
1935 c 81 § 4, part; RRS § 9492-4, part. Formerly RCW
80.40.150.]
35.92.150
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.92.160 Funding or refunding bonds—Recourse of
bond owners. When such funding or refunding bonds have
been issued and the city or town fails to set aside and pay into
the special fund from which they are payable, the amount
without regard to any fixed proportion out of the gross revenue of the public utility which the city or town has, by ordinance, bound and obligated itself to set aside and pay into the
special fund, the owner of any funding or refunding bond
may bring action against the city or town and compel such
setting aside and payment. [1983 c 167 § 70; 1965 c 7 §
35.92.160. Prior: 1935 c 81 § 5; RRS § 9492-5. Formerly
RCW 80.40.160.]
35.92.160
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.92.170 City may extend water system outside limits. When a city or town owns or operates a municipal waterworks system and desires to extend such utility beyond its
corporate limits it may acquire, construct and maintain any
addition to or extension of the system, and dispose of and distribute water to any other municipality, water-sewer district,
community, or person desiring to purchase it. [1999 c 153 §
40; 1965 c 7 § 35.92.170. Prior: 1933 ex.s. c 17 § 1; RRS §
9502-1. Cf. 1917 c 12 § 1. Formerly RCW 80.40.170.]
35.92.170
Part headings not law—1999 c 153: See note following RCW
57.04.050.
[Title 35 RCW—page 307]
35.92.180
Title 35 RCW: Cities and Towns
Water-sewer districts: Title 57 RCW.
35.92.180 City may extend water system outside limits—May acquire property outside city. A city or town
may construct, purchase, or acquire any waterworks, pipe
lines, distribution systems and any extensions thereof, necessary to furnish such outside service. [1965 c 7 § 35.92.180.
Prior: 1933 ex.s. c 17 § 2; RRS § 9502-2. Cf. 1917 c 12 § 1.
Formerly RCW 80.40.180.]
35.92.180
35.92.190 City may extend water system outside limits—Cannot condemn irrigation system. No city or town
may exercise the power of eminent domain to take or damage
any waterworks, storage reservoir, site, pipe line distribution
system or any extension thereof, or any water right, water
appropriation, dam, canal, plant, or any interest in, or to any
of the above used, operated, held, or owned by an irrigation
district. [1965 c 7 § 35.92.190. Prior: 1933 ex.s. c 17 § 2A;
RRS § 9502-2A. Formerly RCW 80.40.190.]
35.92.190
Eminent domain by cities: Chapter 8.12 RCW.
35.92.200 City may extend water system outside limits—Contracts for outside service. A city or town may
enter into a firm contract with any outside municipality, community, corporation, or person, for furnishing them with
water without regard to whether said water shall be considered as surplus or not and regardless of the source from which
such water is obtained, which contract may fix the terms
upon which the outside distribution systems will be installed
and the rates at which and the manner in which payment shall
be made for the water supplied or for the service rendered.
[1965 c 7 § 35.92.200. Prior: 1961 c 125 § 1; 1957 c 288 § 8;
1933 ex.s. c 17 § 3; RRS § 9502-3. Cf. 1917 c 12 § 1. Formerly RCW 80.40.200.]
35.92.200
35.92.220 Acquisition of water rights—Consolidation of irrigation assessment districts. (1) A city or town,
situated within or served by, an irrigation project, or projects,
owned or operated by the United States government, a water
users’ association, associations, corporation, or corporations
or another city or town or towns, where the legislative authority deems it feasible to furnish water for irrigation and
domestic purposes, or either, and where the water used for
irrigation and domestic purposes or either, is appurtenant or
may become appurtenant to the land located within such city
or town, may purchase, lease, or otherwise acquire water or
water rights for the purpose of furnishing the city or town and
the inhabitants thereof with a supply of water for irrigation
and domestic purposes, or either; purchase, construct, or otherwise acquire systems and means of distribution and delivery of water within and without the limits of the city or town,
or for the delivery of water where the owner of land within
the city or town owns a water right appurtenant to his or her
land, with full power to maintain, repair, reconstruct, regulate, and control the same, and if private property is necessary
for such purposes, the city or town may condemn and purchase or purchase and acquire property, enter into any contract, and order any and all work to be done that is necessary
to carry out such purposes, and it may do so either by the
entire city or town or by assessment districts, consisting of
35.92.220
[Title 35 RCW—page 308]
the whole or any portion thereof, as the legislative authority
of the city or town may determine.
(2) The legislative authority of any city or town may by
ordinance authorize the consolidation of separate irrigation
assessment districts, previously established pursuant to this
section, for the purposes of construction or rehabilitation of
improvements, or of ongoing administration, service, repair,
and reconstruction of irrigation systems. The separate irrigation assessment districts to be consolidated need not be
adjoining, vicinal, or neighboring. If the legislative authority
orders the creation of such consolidated irrigation assessment
districts, the money received and on hand from assessments
levied within the original districts shall be deposited in a consolidated fund to be used by the municipality for future
expenses within the consolidated district. [1995 c 89 § 1;
1965 c 130 § 1; 1965 c 7 § 35.92.220. Prior: 1915 c 112 § 1;
RRS § 9495. Formerly RCW 80.40.220.]
35.92.230
35.92.230 Acquisition of water rights—Special
assessments. For the purpose of paying for a water right purchased by the city or town from the United States government
where the purchase price has not been fully paid; paying
annual maintenance or annual rental charge to the United
States government or any corporation or individual furnishing the water for irrigation and domestic purposes, or either;
paying assessments made by any water users’ association;
paying the cost of constructing or acquiring any system or
means of distribution or delivery of water for such purposes;
and for the upkeep, repair, reconstruction, operation, and
maintenance thereof; accumulating reasonable operating
fund reserves to pay for system upkeep, repair, operation, and
maintenance, in such amount as is determined by the city or
town legislative authority; accumulating reasonable capital
fund reserves in an amount not to exceed the total estimated
cost of system construction, reconstruction, or refurbishment,
over such period of time as is determined by the city or town
legislative authority; and for any expense incidental to such
purposes, the city or town may levy and collect special
assessments against the property within any district created
pursuant to RCW 35.92.220, to pay the whole or any part of
any such costs and expenses. [1995 c 89 § 2; 1965 c 130 § 2;
1965 c 7 § 35.92.230. Prior: 1915 c 112 § 2; RRS § 9496.
Formerly RCW 80.40.230.]
35.92.240
35.92.240 Acquisition of water rights—Levy of
assessments. All such assessments shall be levied upon the
several parcels of land located within the local improvement
district in accordance to the special benefits conferred on
such property in proportion to the surface area, one square
foot of surface to be the unit of assessment: PROVIDED,
That where the water right is acquired or a special improvement is made for a portion of any district, the cost of the water
right or the cost of such special improvement shall be levied
in the same manner upon such portion of the district as shall
be specially benefited thereby: PROVIDED FURTHER,
That whenever a special improvement is made for a portion
of any district, the land assessed for the cost thereof shall be
entitled to an equitable reduction in the annual assessments in
proportion to the reduced cost of operation on account of the
construction of the improvement. [1965 c 7 § 35.92.240.
(2008 Ed.)
Municipal Utilities
Prior: 1915 c 112 § 3; RRS § 9497. Formerly RCW
80.40.240.]
35.92.250 Acquisition of water rights—District property need not be contiguous. One local improvement district may be established for any or all of the purposes
embraced herein even though the area assessed for such purposes may not coincide or be contiguous: PROVIDED, That
whenever the legislative body of the city or town decides to
construct a special improvement in a distribution system, a
separate local improvement district may be formed for such
portion and bonds may be issued therefor as provided in the
general local improvement law. [1965 c 7 § 35.92.250. Prior:
1915 c 112 § 4; RRS § 9498. Formerly RCW 80.40.250.]
35.92.250
Creation of local improvement districts: Chapter 35.43 RCW.
Issuance of bonds to pay for local improvements: Chapters 35.45, 35.48
RCW.
35.92.260 Acquisition of water rights—Mode of
assessment. When a city or town makes local improvements
for any of the purposes specified in RCW 35.92.220 and
RCW 35.92.230, as now or hereafter amended, the proceedings relative to the creation of districts, financing of improvements, levying and collecting assessments and all other procedure shall be had, and the legislative authority shall proceed in accordance with the provisions of the laws relating to
local improvement districts in cities of the first class: PROVIDED, That when the improvement is initiated upon petition, the petition shall set forth the fact that the signers are the
owners according to the records in the office of the county
auditor, of property to an aggregate amount of a majority of
the surface area within the limits of the assessment district to
be created: PROVIDED FURTHER, That when an assessment is made for any purpose other than the construction or
reconstruction of any system or means of distribution or
delivery of water, it shall not be necessary for the legislative
authority to be furnished with a statement of the aggregate
assessed valuation of the real estate exclusive of improvements in the district according to the valuation last placed
upon it for purposes of general taxation, or the estimated
amount of the cost of the improvement to be borne by each
tract of land or other property, but a statement by the engineer
or other officer, showing the estimated cost of the improvement per square foot, shall be sufficient: PROVIDED FURTHER, That when the legislative authority of a city or town
shall deem it necessary to levy special assessments for the
purposes specified in RCW 35.92.230, as now or hereafter
amended, other than for the purpose of paying the costs of
acquiring, constructing or reconstructing any system or
means of distribution or delivery of water for irrigation or
domestic purposes, the legislative authority for such city or
town may hold a single hearing on the assessment rolls for all
irrigation local improvement districts within the city or town.
Such legislative authority shall fix the date of such hearing
and shall direct the city or town clerk to give notice thereof,
in the form prescribed by RCW 35.44.080, by publication
thereof in a legal newspaper of general circulation in the city
or town, once, not less than fifteen days prior to the date fixed
for hearing; and by mailing, not less than fifteen days prior to
the date fixed for hearing, notice thereof to the owner or
reputed owner of each item of property described on the
35.92.260
(2008 Ed.)
35.92.265
assessment roll whose name appears on such roll at the
address of such owner or reputed owner shown on the tax
rolls of the county treasurer for each such item of property:
PROVIDED FURTHER, That when an assessment roll is
once prepared and does not include the cost of purchase, construction, or reconstruction of works of delivery or distribution and the legislative authority of such city or town decides
to raise a similar amount the ensuing year, it shall not be necessary to prepare a new assessment roll, but the legislative
authority may pass a resolution of intention estimating the
cost for the ensuing year to be the same as the preceding year,
and directing the clerk to give notice stating the estimated
cost per square foot of all land within the district and refer
persons interested to the books of the treasurer, and fixing the
date for a hearing on such assessment roll. Notice of such
hearing shall be given by the city or town clerk in the form
and manner required in the preceding proviso. The treasurer
shall be present at the hearing and shall note any changes on
his books. The legislative authority shall have the same right
to make changes in the assessment roll as in an original
assessment, and after all changes have been made it shall, by
ordinance, confirm the assessment and direct the treasurer to
extend it on the books of his office. [1965 c 130 § 3; 1965 c
7 § 35.92.260. Prior: 1915 c 112 § 5; RRS § 9499. Formerly
RCW 80.40.260.]
35.92.263
35.92.263 Acquisition of water rights—Water rights
acquired by purchase of shares in water users’ association or corporation—Authority to acquire and hold
shares. Whenever the public interest, welfare, convenience
and necessity require that a city or town acquire water rights
for the purposes set forth in RCW 35.92.220, as now or hereafter amended, and that such water rights be acquired through
the purchases of shares in a water users’ association or corporation, such city or town shall have full authority and power
to acquire, or to hold in trust, such shares as shall be necessary for said purposes. [1965 c 130 § 4.]
35.92.265
35.92.265 Acquisition of water rights—Existing local
improvement districts validated—Debts, obligations,
assessments, etc., declared legal and valid. Each and all of
the respective areas of land heretofore organized into local
improvement assessment districts for irrigation or domestic
water supply purposes including all areas annexed thereto,
under the provisions of chapter 112, Laws of 1915, codified
as RCW 35.92.220-35.92.260, whether organized by or
within a city or town other than a city of the first class or by
or within a city of the first class, are hereby validated and
declared to be duly existing local improvement districts having the respective boundaries set forth in their organization or
annexation proceedings as shown by the files in the office of
the clerk of the city or town in which formed. All debts, contracts and obligations heretofore made or incurred by or in
favor of any such local improvement district and any and all
assessments or levies and all other things and proceedings
done or taken by the city or town within, and by which such
districts were organized, under or in pursuance of such organization, and under or in pursuance of the levy and collection
of special assessments by the city or town to pay the whole or
any part of the cost and expense or upkeep, repair, recon[Title 35 RCW—page 309]
35.92.270
Title 35 RCW: Cities and Towns
struction, operation and maintenance of such local improvement districts and any expense incident to said purposes are
hereby declared legal and valid and in full force and effect.
[1965 c 130 § 5.]
of the power and energy produced by such electric utility
properties, and for the operation and management thereof.
[1965 c 7 § 35.92.290. Prior: 1957 c 287 § 2. Formerly RCW
80.40.290.]
35.92.270 Passenger transportation systems—
Authority to make studies—Contracts with and acquisition of privately owned systems. Every passenger transportation system owned by a municipal corporation may:
(1) Engage in planning, studies and surveys with respect
to areas within and beyond the corporate boundaries of such
municipal corporation, in order to develop a sound factual
basis for any possible future adjustment or expansion of such
municipally owned passenger transportation system;
(2) Purchase or lease privately owned passenger transportation systems: PROVIDED, That such purchases shall
not, per se, extend the area of service of such municipally
owned passenger transportation system;
(3) Contract with privately owned passenger transportation systems in order to provide adequate service in the service area of the municipal transportation system. [1965 c 7 §
35.92.270. Prior: 1957 c 114 § 1. Formerly RCW 80.40.270.]
35.92.300 Cities over one hundred fifty thousand,
joint undertaking with P.U.D. as to electric utility properties—Financing. Any city or town and any public utility district cooperating under the provisions of RCW 35.92.280
through 35.92.310 may, without an election or other proceedings under any existing law, contribute money and property,
both real and personal, to any joint undertaking pursuant
hereto, and may issue and sell revenue bonds to pay its
respective share of the costs of acquisition and construction
of such electric utility properties. Such bonds shall be issued
under the provisions of applicable laws authorizing the issuance of revenue bonds for the acquisition and construction of
electric public utility properties by cities, towns and public
utility districts, as the case may be. [1965 c 7 § 35.92.300.
Prior: 1957 c 287 § 3. Formerly RCW 80.40.300.]
35.92.270
35.92.275 Assumption of obligations of private pension plan when urban transportation system acquired.
See RCW 54.04.160.
35.92.300
Revenue bonds and warrants issued by
cities and towns to finance acquisition of public utilities: RCW 35.92.100.
public utility districts: Chapter 54.24 RCW.
35.92.275
35.92.280 Cities over one hundred fifty thousand,
joint undertaking with P.U.D. as to electric utility properties—"Electric utility properties" defined. As used in
RCW 35.92.280 through 35.92.310 "electric utility properties" shall mean any and all permits, licenses, property rights,
water rights and any and all works, plants, dams, powerhouses, transmission lines, switchyards, substations, property
and facilities of every kind and character which may be used,
or may be useful, in the generation and transmission of electric power and energy, produced by water power, steam or
any other methods. [1965 c 7 § 35.92.280. Prior: 1957 c 287
§ 1. Formerly RCW 80.40.280.]
35.92.280
35.92.290 Cities over one hundred fifty thousand,
joint undertaking with P.U.D. as to electric utility properties—Agreements. Any city or town with a population over
one hundred fifty thousand within the state of Washington
owning an electric public utility is authorized to cooperate
with any public utility district within this state in the joint
acquisition, purchase, construction, ownership, maintenance
and operation, within or without the respective limits of any
such city or town or public utility district, of electric utility
properties. The respective governing bodies of any such city
or town and of any such public utility district desiring to
cooperate in the joint ownership, maintenance and operation
of electric utility properties pursuant to the authority contained in RCW 35.92.280 through 35.92.310, shall by mutual
agreement provide for such joint ownership, maintenance
and operation. Such agreement shall prescribe the rights and
property interest which the parties thereto shall have in such
electric utility properties, which property interest may be
either divided or undivided; and shall further provide for the
rights of the parties thereto in the ownership and disposition
35.92.310 Cities over one hundred fifty thousand,
joint undertaking with P.U.D. as to electric utility properties—Authority granted is additional power. The authority and power granted by RCW 35.92.280 through 35.92.310
is an additional grant of power to cities, towns, and public
utility districts to acquire and operate electric public utilities,
and the provisions hereof shall be construed liberally to
effectuate the authority herein conferred, and no restriction or
limitation prescribed in any other law shall prohibit the cities,
towns and public utility districts of this state from exercising
the authority herein conferred: PROVIDED, That nothing in
RCW 35.92.280 through 35.92.310 shall authorize any public
utility district or city cooperating under the provisions of
RCW 35.92.280 through 35.92.310 to condemn any property
owned or operated by any privately owned utility. [1965 c 7
§ 35.92.310. Prior: 1957 c 287 § 4. Formerly RCW
80.40.310.]
35.92.310
35.92.290
[Title 35 RCW—page 310]
35.92.350 Electrical construction or improvement—
Bid proposals—Contract proposal forms—Conditions
for issuance—Refusal—Appeal. Any city or town owning
an electrical utility shall require that bid proposals upon any
electrical construction or improvement shall be made upon
contract proposal form supplied by the governing authority of
such utility, and in no other manner. The governing authority
shall, before furnishing any person, firm or corporation desiring to bid upon any electrical work with a contract proposal
form, require from such person, firm or corporation, answers
to questions contained in a standard form of questionnaire
and financial statement, including a complete statement of
the financial ability and experience of such person, firm, or
corporation in performing electrical work. Such questionnaire shall be sworn to before a notary public or other person
authorized to take acknowledgment of deeds, and shall be
submitted once a year and at such other times as the governing authority may require. Whenever the governing authority
is not satisfied with the sufficiency of the answers contained
35.92.350
(2008 Ed.)
Municipal Utilities
in such questionnaire and financial statement or whenever the
governing authority determines that such person, firm, or corporation does not meet all of the requirements hereinafter set
forth it may refuse to furnish such person, firm or corporation
with a contract proposal form and any bid proposal of such
person, firm or corporation must be disregarded. In order to
obtain a contract proposal form, a person, firm or corporation
shall have all of the following requirements:
(1) Adequate financial resources, or the ability to secure
such resources;
(2) The necessary experience, organization, and technical qualifications to perform the proposed contract;
(3) The ability to comply with the required performance
schedule taking into consideration all of its existing business
commitments;
(4) A satisfactory record of performance, integrity, judgment, and skills; and
(5) Be otherwise qualified and eligible to receive an
award under applicable laws and regulations.
Such refusal shall be conclusive unless appeal therefrom
to the superior court of the county where the utility district is
situated or Thurston county be taken within fifteen days,
which appeal shall be heard summarily within ten days after
the same is taken and on five days’ notice thereof to the governing authority of the utility. [1971 ex.s. c 220 § 1.]
35.92.355 Energy conservation—Legislative findings. The conservation of energy in all forms and by every
possible means is found and declared to be a public purpose
of highest priority. The legislature further finds and declares
that all municipal corporations, quasi municipal corporations,
and other political subdivisions of the state which are
engaged in the generation, sale, or distribution of energy
should be granted the authority to develop and carry out programs which will conserve resources, reduce waste, and
encourage more efficient use of energy by consumers.
In order to establish the most effective statewide program for energy conservation, the legislature hereby encourages any company, corporation, or association engaged in
selling or furnishing utility services to assist their customers
in the acquisition and installation of materials and equipment,
for compensation or otherwise, for the conservation or more
efficient use of energy. The use of appropriate tree plantings
for energy conservation is encouraged as part of these programs. [1993 c 204 § 5; 1979 ex.s. c 239 § 1.]
35.92.355
Findings—1993 c 204: See note following RCW 35.92.390.
Effective date—Contingency—1979 ex.s. c 239: See note following
RCW 35.92.360.
35.92.360 Energy conservation plan—Financing
authorized for energy conservation projects in structures
or equipment—Limitations. Any city or town engaged in
the generation, sale, or distribution of energy is hereby authorized, within limits established by the Constitution of the
state of Washington, to assist the owners of structures or
equipment in financing the acquisition and installation of
materials and equipment, for compensation or otherwise, for
the conservation or more efficient use of energy in such structures or equipment pursuant to an energy conservation plan
adopted by the city or town if the cost per unit of energy
saved or produced by the use of such materials and equip35.92.360
(2008 Ed.)
35.92.360
ment is less than the cost per unit of energy produced by the
next least costly new energy resource which the city or town
could acquire to meet future demand. Any financing authorized under this chapter shall only be used for conservation
purposes in existing structures, and such financing shall not
be used for any purpose which results in a conversion from
one energy source to another. For the purposes of this section,
"conservation purposes in existing structures" may include
projects to allow a municipal electric utility’s customers to
generate all or a portion of their own electricity through the
on-site installation of a distributed electricity generation system that uses as its fuel solar, wind, geothermal, or hydropower, or other renewable resource that is available on-site
and not from a commercial source. Such projects shall not be
considered "a conversion from one energy source to another"
which is limited to the change or substitution of one commercial energy supplier for another commercial energy supplier.
Except where otherwise authorized, such assistance shall be
limited to:
(1) Providing an inspection of the structure or equipment, either directly or through one or more inspectors under
contract, to determine and inform the owner of the estimated
cost of purchasing and installing conservation materials and
equipment for which financial assistance will be approved
and the estimated life cycle savings in energy costs that are
likely to result from the installation of such materials or
equipment;
(2) Providing a list of businesses who sell and install
such materials and equipment within or in close proximity to
the service area of the city or town, each of which businesses
shall have requested to be included and shall have the ability
to provide the products in a workmanlike manner and to utilize such materials in accordance with the prevailing national
standards.
(3) Arranging to have approved conservation materials
and equipment installed by a private contractor whose bid is
acceptable to the owner of the residential structure and verifying such installation; and
(4) Arranging or providing financing for the purchase
and installation of approved conservation materials and
equipment. Such materials and equipment shall be purchased
from a private business and shall be installed by a private
business or the owner.
(5) Pay back shall be in the form of incremental additions to the utility bill, billed either together with use charge
or separately. Loans shall not exceed one hundred twenty
months in length. [2002 c 276 § 2; 1989 c 268 § 1; 1979 ex.s.
c 239 § 2.]
Findings—Intent—2002 c 276: "The legislature finds that energy conservation can take many useful and cost-effective forms, and that the types of
conservation projects available to utilities and customers evolve with time as
technologies are developed and market conditions change. In some cases,
electricity conservation projects are most cost-effective when they reduce
the total amount of electricity consumed by an individual customer, and in
other cases they can be cost-effective by reducing the amount of electricity a
customer needs to purchase from an electric utility.
The legislature intends to encourage and support a broad array of costeffective energy conservation by electric utilities and customers alike by
clarifying that public utilities may assist in the financing of projects that
allow customers to generate their own electricity from renewable resources
that do not depend on commercial sources of fuel thereby reducing the
amount of electricity a public utility needs to generate or acquire on their
customers’ behalf." [2002 c 276 § 1.]
[Title 35 RCW—page 311]
35.92.365
Title 35 RCW: Cities and Towns
Effective date—Contingency—1979 ex.s. c 239: "This 1979 act shall
take effect on the same date as the proposed amendment to Article VIII of the
state Constitution, authorizing the use of public moneys or credit to promote
conservation or more efficient use of energy, is validly submitted and is
approved and ratified by the voters at a general election held in November,
1979. If the proposed amendment is not so approved and ratified, this 1979
act shall be null and void in its entirety." [1979 ex.s. c 239 § 4.] The referenced constitutional amendment (1979 Substitute Senate Joint Resolution
No. 120) was approved by the voters on November 6, 1979. See Article VIII,
section 10 of the state Constitution.
35.92.365 Tariff for irrigation pumping service—
Authority to buy back electricity. The council or board
may approve a tariff for irrigation pumping service that
allows the municipal utility to buy back electricity from customers to reduce electricity usage by those customers during
the municipal utility’s particular irrigation season. [2001 c
122 § 3.]
35.92.365
(c) Donations received under this section do not contribute to the gross income of a light and power business or gas
distribution business under chapter 82.16 RCW. [2008 c 299
§ 19; 1993 c 204 § 2.]
Short title—2008 c 299: See note following RCW 35.105.010.
Findings—1993 c 204: "The legislature finds that large-scale reduction
of tree cover increases the temperature of urban areas, known as the "heat
island effect." Planting trees in urban areas for shading and cooling mitigates the urban heat island effect and reduces energy consumption. Tree
planting also can benefit the environment by combating global climate
change, reducing soil erosion, and improving air quality. Urban forestry programs can improve urban aesthetics that will improve public and private
property values.
The legislature also finds that urban forestry programs should consider
the relationship between urban forests and public service facilities such as
water, sewer, natural gas, telephone, and electric power lines. Urban forestry
programs should promote the use of appropriate tree species that will not
interfere with or cause damage to such public service facilities." [1993 c 204
§ 1.]
Effective date—2001 c 122: See note following RCW 80.28.310.
35.92.400 Provision of water services and facilities—
Contract with Canadian corporation. A city or town contiguous with Canada may contract with a Canadian corporation for the purchase of water and for the construction, purchase, maintenance, and supply of waterworks to furnish the
city or town and other areas within its water service area, and
inhabitants thereof, and residents of Canada with an ample
supply of water. [1999 c 61 § 1.]
35.92.400
35.92.370 Lease of real property under electrical
transmission lines for private gardening purposes. A city
or town owning facilities for the purpose of furnishing the
city or town and its inhabitants with electricity may lease for
private gardening purposes the real property under its electrical transmission and distribution lines for a nominal rent to
any person who has an income of less than ten thousand dollars per year. [1981 c 100 § 1.]
35.92.370
35.92.410 Provision of sewer services and facilities—
Contract with Canadian corporation. A city or town contiguous with Canada may contract with a Canadian corporation for the discharge of sewage from all or any portion of the
city’s or town’s sewer service area into the sewer system of
the Canadian corporation. A city or town contiguous with
Canada may contract with a Canadian corporation for the
construction, operation, or maintenance of sewers and sewage treatment and disposal facilities for their joint use and
benefit upon such terms and conditions and for such period of
time as the contracting parties may determine, which may
include vesting one of the contracting parties with the sole
authority to construct, operate, or maintain the facilities with
the other contracting party or parties paying an agreed-upon
portion of the expenses to the party with sole authority to
construct, operate, or maintain the facilities. [1999 c 61 § 2.]
35.92.410
35.92.380 Waiver or delay of collection of tap-in
charges, connection or hookup fees for low income persons. Whenever a city or town waives or delays collection of
tap-in charges, connection fees, or hookup fees for low
income persons, or class of low income persons, to connect to
lines or pipes used by the city or town to provide utility service, the waiver or delay shall be pursuant to a program established by ordinance. As used in this section, the provision of
"utility service" includes, but is not limited to, water, sanitary
or storm sewer service, electricity, gas, other means of power,
and heat. [1980 c 150 § 1.]
35.92.380
35.92.390 Municipal utilities encouraged to provide
customers with landscaping information and to request
voluntary donations for urban forestry. (1) Municipal
utilities under this chapter are encouraged to provide information to their customers regarding landscaping that includes
tree planting for energy conservation.
(2)(a) Municipal utilities under this chapter are encouraged to request voluntary donations from their customers for
the purposes of urban forestry. The request may be in the
form of a check-off on the billing statement or other form of
request for a voluntary donation.
(b) Voluntary donations collected by municipal utilities
under this section may be used by the municipal utility to:
(i) Support the development and implementation of evergreen community ordinances, as that term is defined in RCW
35.105.010, for cities, towns, or counties within their service
areas; or
(ii) Complete projects consistent with the model evergreen community management plans and ordinances developed under RCW 35.105.050.
35.92.390
[Title 35 RCW—page 312]
35.92.420 Purchase of electric power and energy
from joint operating agency. A city or town may contract
to purchase from a joint operating agency electric power and
energy required for its present or future requirements. For
projects the output of which is limited to qualified alternative
energy resources as defined by RCW 19.29A.090(3), the contract may include the purchase of capability of the projects to
produce electricity in addition to the actual output of the
projects. The contract may provide that the city or town must
make the payments required by the contract whether or not a
project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction,
or curtailment of the output of a project or the power and
energy contracted for. The contract may also provide that
payments under the contract are not subject to reduction,
whether by offset or otherwise, and shall not be conditioned
upon the performance or nonperformance of the joint operat35.92.420
(2008 Ed.)
Sale or Lease of Municipal Utilities
ing agency or a city, town, or public utility district under the
contract or other instrument. [2003 c 138 § 3.]
35.94.040
35.94.050
35.94.030
Lease or sale of land or property originally acquired for public
utility purposes.
Application of chapter to certain service provider agreements
under chapter 70.150 RCW.
35.92.430
35.92.430 Environmental mitigation activities. (1) A
city or town authorized to acquire and operate utilities for the
purpose of furnishing the city or town and its inhabitants and
other persons with water, with electricity for lighting and
other purposes, or with service from sewerage, storm water,
surface water, or solid waste handling facilities, may develop
and make publicly available a plan to reduce its greenhouse
gases emissions or achieve no-net emissions from all sources
of greenhouse gases that the utility owns, leases, uses, contracts for, or otherwise controls.
(2) A city or town authorized to acquire and operate utilities for the purpose of furnishing the city or town and its
inhabitants and other persons with water, with electricity for
lighting and other purposes, or with service from sewerage,
storm water, surface water, or solid waste handling facilities,
may, as part of its utility operation, mitigate the environmental impacts, such as greenhouse gases emissions, of its operation, including any power purchases. The mitigation may
include, but is not limited to, those greenhouse gases mitigation mechanisms recognized by independent, qualified organizations with proven experience in emissions mitigation
activities. Mitigation mechanisms may include the purchase,
trade, and banking of greenhouse gases offsets or credits. If
a state greenhouse gases registry is established, a utility that
has purchased, traded, or banked greenhouse gases mitigation
mechanisms under this section shall receive credit in the registry. [2007 c 349 § 2.]
Finding—Intent—2007 c 349 § 2: "The legislature finds and declares
that greenhouse gases offset contracts, credits, and other greenhouse gases
mitigation efforts are a recognized utility purpose that confers a direct benefit on the utility’s ratepayers. The legislature declares that section 2 of this
act is intended to reverse the result of Okeson v. City of Seattle (January 18,
2007), by expressly granting municipal utilities the statutory authority to
engage in mitigation activities to offset their utility’s impact on the environment." [2007 c 349 § 1.]
35.92.440
35.92.440 Production and distribution of biodiesel,
ethanol, and ethanol blend fuels—Crop purchase contracts for dedicated energy crops. In addition to any other
authority provided by law, municipal utilities are authorized
to produce and distribute biodiesel, ethanol, and ethanol
blend fuels, including entering into crop purchase contracts
for a dedicated energy crop for the purpose of generating
electricity or producing biodiesel produced from Washington
feedstocks, cellulosic ethanol, and cellulosic ethanol blend
fuels for use in internal operations of the electric utility and
for sale or distribution. [2007 c 348 § 209.]
Findings—Part headings not law—2007 c 348: See RCW 43.325.005
and 43.325.903.
Chapter 35.94
Chapter 35.94 RCW
SALE OR LEASE OF MUNICIPAL UTILITIES
Sections
35.94.010
35.94.020
35.94.030
(2008 Ed.)
35.94.010 Authority to sell or let. A city may lease for
any term of years or sell and convey any public utility works,
plant, or system owned by it or any part thereof, together with
all or any equipment and appurtenances thereof. [1965 c 7 §
35.94.010. Prior: 1917 c 137 § 1; RRS § 9512. Cf. 1907 c 86
§§ 1-3; 1897 c 106 §§ 1-4. Formerly RCW 80.48.010.]
35.94.010
35.94.020 Procedure. The legislative authority of the
city, if it deems it advisable to lease or sell the works, plant,
or system, or any part thereof, shall adopt a resolution stating
whether it desires to lease or sell. If it desires to lease, the resolution shall state the general terms and conditions of the
lease, but not the rent. If it desires to sell the general terms of
sale shall be stated, but not the price. The resolution shall
direct the city clerk, or other proper official, to publish the
resolution not less than once a week for four weeks in the
official newspaper of the city, together with a notice calling
for sealed bids to be filed with the clerk or other proper official not later than a certain time, accompanied by a certified
check payable to the order of the city, for such amount as the
resolution shall require, or a deposit of a like sum in money.
Each bid shall state that the bidder agrees that if his bid is
accepted and he fails to comply therewith within the time
hereinafter specified, the check or deposit shall be forfeited to
the city. If bids for a lease are called for, bidders shall bid the
amount to be paid as the rent for each year of the term of the
lease. If bids for a sale are called for, the bids shall state the
price offered. The legislative authority of the city may reject
any or all bids and accept any bid which it deems best. At the
first meeting of the legislative authority of the city held after
the expiration of the time fixed for receiving bids, or at some
later meeting, the bids shall be considered. In order for the
legislative authority to declare it advisable to accept any bid
it shall be necessary for two-thirds of all the members elected
to the legislative authority to vote in favor of a resolution
making the declaration. If the resolution is adopted it shall be
necessary, in order that the bid be accepted, to enact an ordinance accepting it and directing the execution of a lease or
conveyance by the mayor and city clerk or other proper official. The ordinance shall not take effect until it has been submitted to the voters of the city for their approval or rejection
at the next general election or at a special election called for
that purpose, and a majority of the voters voting thereon have
approved it. If approved it shall take effect as soon as the
result of the vote is proclaimed by the mayor. If it is so submitted and fails of approval, it shall be rejected and annulled.
The mayor shall proclaim the vote as soon as it is properly
certified. [1985 c 469 § 40; 1965 c 7 § 35.94.020. Prior:
1917 c 137 § 2; RRS § 9513. Cf. 1907 c 86 §§ 1-3; 1897 c 106
§§ 1-4. Formerly RCW 80.48.020.]
35.94.020
Elections: Title 29A RCW.
35.94.030 Execution of lease or conveyance. Upon the
taking effect of the ordinance the mayor and the city clerk or
other proper official shall execute, in the name and on behalf
of the city, the lease or conveyance directed thereby. The les35.94.030
Authority to sell or let.
Procedure.
Execution of lease or conveyance.
[Title 35 RCW—page 313]
35.94.040
Title 35 RCW: Cities and Towns
see or grantee shall accept and execute the instrument within
ten days after notice of its execution by the city or forfeit to
the city, the amount of the check or deposit accompanying his
bid: PROVIDED, That if litigation in good faith is instituted
within ten days to determine the rights of the parties, no forfeiture shall take place unless the lessee or grantee fails for
five days after the termination of the litigation in favor of the
city to accept and execute the lease or conveyance. [1965 c 7
§ 35.94.030. Prior: 1917 c 137 § 3; RRS § 9514. Cf. 1907 c
86 §§ 1-3; 1897 c 106 §§ 1-4. Formerly RCW 80.48.030.]
35.94.040 Lease or sale of land or property originally
acquired for public utility purposes. Whenever a city shall
determine, by resolution of its legislative authority, that any
lands, property, or equipment originally acquired for public
utility purposes is surplus to the city’s needs and is not
required for providing continued public utility service, then
such legislative authority by resolution and after a public
hearing may cause such lands, property, or equipment to be
leased, sold, or conveyed. Such resolution shall state the fair
market value or the rent or consideration to be paid and such
other terms and conditions for such disposition as the legislative authority deems to be in the best public interest.
The provisions of RCW 35.94.020 and 35.94.030 shall
not apply to dispositions authorized by this section. [1973 1st
ex.s. c 95 § 1.]
35.94.040
35.94.050 Application of chapter to certain service
provider agreements under chapter 70.150 RCW. This
chapter does not apply to dispositions of utility property in
connection with an agreement entered into pursuant to chapter 70.150 RCW provided there is compliance with the procurement procedure under RCW 70.150.040. [1986 c 244 §
11.]
35.94.050
Severability—1986 c 244: See RCW 70.150.905.
Chapter 35.95
Chapter 35.95 RCW
PUBLIC TRANSPORTATION
SYSTEMS IN MUNICIPALITIES
Sections
35.95.010
35.95.020
35.95.030
35.95.040
35.95.050
35.95.060
35.95.070
35.95.080
35.95.090
35.95.100
35.95.900
Declaration of intent and purpose.
Definitions.
Appropriation of funds for transportation systems authorized—Referendum.
Levy and collection of excise taxes authorized—Business and
occupation tax—Excise tax on residents—Appropriation
and use of proceeds—Voter approval.
Collection of tax—Billing.
Funds derived from taxes—Restrictions on classification, etc.
Purchase of leased public transportation system—Purchase
price.
Referendum rights not impaired.
Corporate authorities may refer ordinance levying tax to voters.
Public transportation systems.
Severability—1965 ex.s. c 111.
Contracts between political subdivisions for services or use of public transportation systems: RCW 39.33.050.
Local sales and use taxes for financing public transportation systems: RCW
82.14.045 through 82.14.060.
Public transportation systems: RCW 35.58.272 through 35.58.2794.
[Title 35 RCW—page 314]
35.95.010 Declaration of intent and purpose. We, the
legislature find that an increasing number of municipally
owned, or leased, and operated transportation systems in the
urban areas of the state of Washington, as in the nation, are
finding it impossible, from the revenues derived from tolls,
tariffs and fares, to maintain the financial solvency of such
systems, and as a result thereof such municipalities have been
forced to subsidize such systems to the detriment of other
essential public services.
All persons in a community benefit from a solvent and
adequate public transportation system, either directly or indirectly, and the responsibility of financing the operation,
maintenance, and capital needs of such systems is a community obligation and responsibility which should be shared by
all.
We further find and declare that the maintenance and
operation of an adequate public transportation system is an
absolute necessity and is essential to the economic, industrial
and cultural growth, development and prosperity of a municipality and of the state and nation, and to protect the health
and welfare of the residents of such municipalities and the
public in general.
We further find and declare that the appropriation of
general funds and levying and collection of taxes by such
municipalities as authorized in the succeeding sections of this
chapter is necessary, and any funds so derived and expended
are for a public purpose for which public funds may properly
be used. [1969 ex.s. c 255 § 1; 1965 ex.s. c 111 § 1.]
35.95.010
Construction—Severability—1969 ex.s. c 255: See notes following
RCW 35.58.272.
35.95.020 Definitions. The following terms however
used or referred to in this chapter, shall have the following
meanings, unless a different meaning is required by the context:
(1) "Corporate authority" shall mean the council or other
legislative body of a municipality.
(2) "Municipality" shall mean any incorporated city,
town, county pursuant to RCW 36.57.100 and 36.57.110, any
county transportation authority created pursuant to chapter
36.57 RCW, any public transportation benefit area created
pursuant to chapter 36.57A RCW, or any metropolitan
municipal corporation created pursuant to RCW 35.58.010,
et seq: PROVIDED, That the term "municipality" shall mean
in respect to any county performing the public transportation
function pursuant to RCW 36.57.100 and 36.57.110 only that
portion of the unincorporated area lying wholly within such
unincorporated transportation benefit area.
(3) "Person" shall mean any individual, firm, partnership, corporation, company, association, joint stock association, school district or political subdivision of the state, fraternal, benevolent, religious or charitable society, club or
organization, and shall include any trustee, receiver,
assignee, or other person acting in a similar representative
capacity. The term "person" shall not be construed to include
the United States nor the state of Washington. [1975 1st ex.s.
c 270 § 3; 1969 ex.s. c 255 § 2; 1967 ex.s. c 145 § 65; 1965
ex.s. c 111 § 2.]
35.95.020
Severability—Effective date—1975 1st ex.s. c 270: See notes following RCW 35.58.272.
(2008 Ed.)
Public Transportation Systems in Municipalities
Severability—Construction—1969 ex.s. c 255: See notes following
RCW 35.58.272.
35.95.030 Appropriation of funds for transportation
systems authorized—Referendum. The corporate authorities of any municipality are authorized to appropriate general
funds for the operation, maintenance, and capital needs of
municipally owned or leased and municipally operated public
transportation systems subject to the right of referendum as
provided by statute or charter. [1965 ex.s. c 111 § 3.]
35.95.030
35.95.040 Levy and collection of excise taxes authorized—Business and occupation tax—Excise tax on residents—Appropriation and use of proceeds—Voter
approval. The corporate authorities of a municipality are
authorized to adopt ordinances for the levy and collection of
excise taxes and/or for the imposition of an additional tax for
the act or privilege of engaging in business activities. Such
business and occupation tax shall be imposed in such
amounts as fixed and determined by the corporate authorities
of the municipality and shall be measured by the application
of rates against value of products, gross proceeds of sales, or
gross income of the business, as the case may be. The terms
"business", "engaging in business", "gross proceeds of sales",
and "gross income of the business" shall for the purpose of
this chapter have the same meanings as defined and set forth
in chapter 82.04 RCW or as said chapter may hereafter be
amended.
The excise taxes other than the business and occupation
tax above provided for shall be levied and collected from all
persons within the municipality in such amounts as shall be
fixed and determined by the corporate authorities of the
municipality: PROVIDED, That such excise tax shall not
exceed one dollar per month for each housing unit. For the
purposes of this section, the term "housing unit" shall mean a
building or portion thereof designed for or used as the residence or living quarters of one or more persons living
together, or of one family.
All taxes herein authorized shall be taxes other than a
retail sales tax defined in chapter 82.08 RCW and a use tax
defined in chapter 82.12 RCW, and the municipality shall
appropriate and use the proceeds derived from all taxes
authorized herein only for the operation, maintenance and
capital needs of its municipally owned or leased and municipally operated public transportation system.
Before any county transportation authority established
pursuant to chapter 36.57 RCW or any public transportation
benefit area authority established pursuant to chapter 36.57A
RCW may impose any of the excise taxes authorized pursuant to this section, the authorization for imposition of such
taxes shall be approved by the voters residing within such
respective area.
The county on behalf of an unincorporated transportation benefit area established pursuant to RCW 36.57.100 and
36.57.110 may impose any of the excise taxes authorized
pursuant to this section only within the boundaries of such
unincorporated transportation benefit area. [1975 1st ex.s. c
270 § 4; 1965 ex.s. c 111 § 4.]
35.95.040
Severability—Effective date—1975 1st ex.s. c 270: See notes following RCW 35.58.272.
Municipal taxation of motor carriers of freight for hire: RCW 35.21.840.
(2008 Ed.)
35.95.900
35.95.050
35.95.050 Collection of tax—Billing. The tax levied
under the provisions of RCW 35.95.040 shall be billed and
collected at such times and in the manner fixed and determined by the corporate authorities in an ordinance levying
the tax: PROVIDED, That the tax shall be designated and
identified as a tax to be used solely for the operation, maintenance, and capital needs of the municipally owned or leased
and municipally operated public transit system: AND PROVIDED FURTHER, That the corporate authorities may in
connection with municipally owned or leased transit systems
enter into contracts covering the operation and maintenance
of such systems, including the employment of personnel.
[1967 ex.s. c 145 § 66; 1965 ex.s. c 111 § 5.]
Severability—1967 ex.s. c 145: See RCW 47.98.043.
35.95.060
35.95.060 Funds derived from taxes—Restrictions on
classification, etc. No funds derived from any tax levied
under the provisions of this chapter shall, for any purpose
whatsoever, be classified as or constitute income, earnings, or
revenue of the public transportation system for which the tax
is levied nor of any other public utility owned or leased and
operated by such municipality; nor shall such funds constitute or be classified as any part of the rate structure or rate
charged for the public utility. [1965 ex.s. c 111 § 6.]
35.95.070
35.95.070 Purchase of leased public transportation
system—Purchase price. In the event the corporate authorities of any municipality during the term of a lease or any
renewal thereof of a public transportation system desire to
purchase the said system, the purchase price shall be no
greater than the fair market value of the said system at the
commencement of the lease. [1965 ex.s. c 111 § 7.]
Authority to acquire and operate transportation facilities: RCW 35.92.060.
35.95.080
35.95.080 Referendum rights not impaired. Nothing
contained in this chapter nor the provisions of any city charter
shall prevent a referendum on any ordinance or action
adopted or taken by any municipality under the provisions of
this chapter. [1965 ex.s. c 111 § 8.]
35.95.090
35.95.090 Corporate authorities may refer ordinance
levying tax to voters. The corporate authorities of a municipality adopting an ordinance for the levy and collection of an
excise tax or additional tax as provided in RCW 35.95.040
may refer such ordinance to the voters of the municipality
before making such ordinance effective. [1967 ex.s. c 145 §
67.]
Severability—1967 ex.s. c 145: See RCW 47.98.043.
35.95.100
35.95.100 Public transportation systems.
35.58.272 through 35.58.2794.
See RCW
35.95.900
35.95.900 Severability—1965 ex.s. c 111. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected. [1965 ex.s. c 111 § 9.]
[Title 35 RCW—page 315]
Chapter 35.95A
Title 35 RCW: Cities and Towns
Chapter 35.95A RCW
CITY TRANSPORTATION AUTHORITY—
MONORAIL TRANSPORTATION
Chapter 35.95A
Sections
35.95A.010
35.95A.020
35.95A.030
35.95A.040
35.95A.050
35.95A.060
35.95A.070
35.95A.080
35.95A.090
35.95A.100
35.95A.110
35.95A.120
35.95A.130
35.95A.140
Definitions.
Creation of authority—Vote of the people.
Creation by ordinance—Proposal by petition.
Authority subject to standard requirements of governmental
entity.
Powers.
Funds and accounts—Designation of treasurer.
Excess levies—General obligation bonds—Revenue bonds.
Special excise tax—Public hearings.
Vehicle license fees—Vote of the people.
Property tax levies.
Taxes and fees—Limitation on use.
Dissolution of authority.
Special excise tax—Collection.
Requirements for signage.
35.95A.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Authority" means a city transportation authority created pursuant to chapter 248, Laws of 2002.
(2) "Authority area" means the territory within a city as
designated in the ordinance creating the authority.
(3) "Bonds" means bonds, notes, or other evidences of
indebtedness.
(4) "Public monorail transportation function" means the
transportation of passengers and their incidental baggage by
means of public monorail transportation facilities as authorized in this chapter.
(5) "Public monorail transportation facilities" means a
transportation system that utilizes train cars running on a
guideway, together with the necessary passenger stations, terminals, parking facilities, related facilities or other properties, and facilities necessary and appropriate for passenger
and vehicular access to and from people-moving systems, not
including fixed guideway light rail systems.
(6) "Qualified elector" means any person registered to
vote within the city boundaries. [2002 c 248 § 1.]
35.95A.010
35.95A.020 Creation of authority—Vote of the people. (1) A city transportation authority to perform a public
monorail transportation function may be created in every city
with a population greater than three hundred thousand to perform a public monorail transportation function. The authority
shall embrace all the territory in the authority area. A city
transportation authority is a municipal corporation, an independent taxing "authority" within the meaning of Article 7,
section 1 of the state Constitution, and a "taxing district"
within the meaning of Article 7, section 2 of the state Constitution.
(2) Any city transportation authority and proposed taxes
established pursuant to this chapter, either by ordinance or
petition as provided in this chapter, must be approved by a
majority vote of the electors residing within the proposed
authority area voting at a regular or special election. [2002 c
248 § 2.]
35.95A.020
35.95A.030 Creation by ordinance—Proposal by
petition. (1) A city that undertakes to propose creation of an
35.95A.030
[Title 35 RCW—page 316]
authority must propose the authority by ordinance of the city
legislative body. The ordinance must:
(a) Propose the authority area and the size and method of
selection of the governing body of the authority, which governing body may be appointed or elected, provided that officers or employees of any single city government body may not
compose a majority of the members of the authority’s governing body;
(b) Propose whether all or a specified portion of the public monorail transportation function will be exercised by the
authority;
(c) Propose an initial array of taxes to be voted upon by
the electors within the proposed authority area; and
(d) Provide for an interim governing body of the authority which will govern the authority upon voter approval of
formation of the authority, until a permanent governing body
is selected, but in no event longer than fourteen months.
(2) An authority may also be proposed to be created by a
petition setting forth the matters described in subsection (1)
of this section, and signed by one percent of the qualified
electors of the proposed authority area.
(3) Upon approval by the qualified electors of the formation of the city transportation authority and any proposed
taxes, either by ordinance or by petition as provided in this
chapter, the governing body of an authority, or interim governing body, as applicable, will adopt bylaws determining,
among other things, the authority’s officers and the method
of their selection, and other matters the governing body
deems appropriate. [2002 c 248 § 3.]
35.95A.040 Authority subject to standard requirements of governmental entity. The authority is subject to
all standard requirements of a governmental entity pursuant
to RCW 35.21.759. [2002 c 248 § 4.]
35.95A.040
35.95A.050 Powers. Every authority has the following
powers:
(1) To acquire by purchase, condemnation, gift, or grant
and to lease, construct, add to, improve, replace, repair, maintain, operate, and regulate the use of public monorail transportation facilities, including passenger terminal and parking
facilities and properties, and other facilities and properties as
may be necessary for passenger and vehicular access to and
from public monorail transportation facilities, together with
all lands, rights-of-way, and property within or outside the
authority area, and together with equipment and accessories
necessary or appropriate for these facilities, except that property, including but not limited to other types of public transportation facilities, that is owned by any city, county, county
transportation authority, public transportation benefit area,
metropolitan municipal corporation, or regional transit
authority may be acquired or used by an authority only with
the consent of the public entity owning the property. The
entities are authorized to convey or lease property to an
authority or to contract for their joint use on terms fixed by
agreement between the entity and the authority;
(2) To fix rates, tolls, fares, and charges for the use of
facilities and to establish various routes and classes of service. Rates, tolls, fares, or charges may be adjusted or elimi35.95A.050
(2008 Ed.)
City Transportation Authority—Monorail Transportation
nated for any distinguishable class of users including, but not
limited to, senior citizens and handicapped persons;
(3) To contract with the United States or any of its agencies, any state or any of its agencies, any metropolitan municipal corporation, and other country, city, other political subdivision or governmental instrumentality, or governmental
agency, or any private person, firm, or corporation for the
purpose of receiving any gifts or grants or securing loans or
advances for preliminary planning and feasibility studies, or
for the design, construction, operation, or maintenance of
public monorail transportation facilities as follows:
(a) Notwithstanding the provisions of any law to the contrary, and in addition to any other authority provided by law,
the governing body of a city transportation authority may
contract with one or more vendors for the design, construction, operation, or maintenance, or other service related to the
development of a monorail public transportation system
including, but not limited to, monorail trains, operating systems and control equipment, guideways, and pylons, together
with the necessary passenger stations, terminals, parking
facilities, and other related facilities necessary and appropriate for passenger and vehicular access to and from the monorail train.
(b) If the governing body of the city transportation
authority decides to proceed with the consideration of qualifications or proposals for services from qualified vendors, the
authority must publish notice of its requirements and request
submission of qualifications statements or proposals. The
notice must be published in the official newspaper of the city
creating the authority at least once a week for two weeks, not
less than sixty days before the final date for the submission of
qualifications statements or proposals. The notice must state
in summary form: (i) The general scope and nature of the
design, construction, operation, maintenance, or other services being sought related to the development of the proposed monorail, tram, or trolley public transportation system;
(ii) the name and address of a representative of the city transportation authority who can provide further details; (iii) the
final date for the submission of qualifications statements or
proposals; (iv) an estimated schedule for the consideration of
qualifications statements or proposals, the selection of vendors, and the negotiation of a contract or contracts for services; (v) the location of which a copy of any requests for
qualifications statements or requests for proposals will be
made available; and (vi) the criteria established by the governing body of the authority to select a vendor or vendors,
which may include, but is not limited to, the vendor’s prior
experience, including design, construction, operation, or
maintenance of other similar public transportation facilities,
respondent’s management capabilities, proposed project
schedule, availability and financial resources, costs of the
services to be provided, nature of facility design proposed by
the vendors, system reliability, performance standards
required for the facilities, compatibility with existing public
transportation facilities operated by the authority or any other
public body or other providers of similar services to the public, project performance guarantees, penalties, and other
enforcement provisions, environmental protection measures
to be used by the vendor, consistency with the applicable
regional transportation plans, and the proposed allocation of
project risks.
(2008 Ed.)
35.95A.050
(c) If the governing body of the city transportation
authority decides to proceed with the consideration of qualifications statements or proposals submitted by vendors, it
may designate a representative to evaluate the vendors who
submitted qualifications statements or proposals and conduct
discussions regarding qualifications or proposals with one or
more vendors. The governing body or its representative may
request submission of qualifications statements and may later
request more detailed proposals from one or more vendors
who have submitted qualifications statements, or may request
detailed proposals without having first received and evaluated qualifications statements. The governing body or its representative will evaluate the qualifications or proposals, as
applicable. If two or more vendors submit qualifications or
proposals that meet the criteria established by the governing
body of the authority, discussions and interviews must be
held with at least two vendors. Any revisions to a request for
qualifications or request for proposals must be made available to all vendors then under consideration by the governing
body of the authority and must be made available to any other
person who has requested receipt of that information.
(d) Based on the criteria established by the governing
body of the authority, the representative will recommend to
the governing body a vendor or vendors that are initially
determined to be the best qualified to provide one or more of
the design, construction, operation or maintenance, or other
service related to the development of the proposed monorail
public transportation system.
(e) The governing body of the authority or its representative may attempt to negotiate a contract with the vendor or
vendors selected for one or more of the design, construction,
operation or maintenance, or other service related to the
development of the proposed monorail public transportation
system on terms that the governing body of the authority
determines to be fair and reasonable and in the best interest of
the authority. If the governing body, or its representative, is
unable to negotiate a contract with any one or more of the
vendors first selected on terms that it determines to be fair
and reasonable and in the best interest of the authority, negotiations with any one or more of the vendors must be terminated or suspended and another qualified vendor or vendors
may be selected in accordance with the procedures set forth
in this section. If the governing body decides to continue the
process of selection, negotiations will continue with a qualified vendor or vendors in accordance with this section at the
sole discretion of the governing body of the authority until an
agreement is reached with one or more qualified vendors, or
the process is terminated by the governing body. The process
may be repeated until an agreement is reached.
(f) Prior to entering into a contract with a vendor, the
governing body of the authority must make written findings,
after holding a public hearing on the proposal, that it is in the
public interest to enter into the contract, that the contract is
financially sound, and that it is advantageous for the governing body of the authority to use this method for awarding
contracts for one or more of the design, construction, or operation or maintenance of the proposed monorail public transportation system as compared to all other methods of awarding such contracts.
(g) Each contract must include a project performance
bond or bonds or other security by the vendor.
[Title 35 RCW—page 317]
35.95A.060
Title 35 RCW: Cities and Towns
(h) The provisions of chapters 39.12 and 39.19 RCW
apply to a contract entered into under this section as if the
public transportation systems and facilities were owned by a
public body.
(i) The vendor selection process permitted by this section
is supplemental to and is not construed as a repeal of or limitation on any other authority granted by law.
(j) Contracts for the construction of facilities, other than
contracts for facilities to be provided by the selected vendor,
with an estimated cost greater than two hundred thousand
dollars must be awarded after a competitive bid process consistent with chapter 39.04 RCW or awarded through an alternative public works contracting procedure consistent with
chapter 39.10 RCW;
(4) To contract with the United States or any of its agencies, any state or any of its agencies, any metropolitan municipal corporation, any other county, city, other political subdivision or governmental instrumentality, any governmental
agency, or any private person, firm, or corporation for the use
by either contracting party of all or any part of the facilities,
structures, lands, interests in lands, air rights over lands, and
rights-of-way of all kinds which are owned, leased, or held by
the other party and for the purpose of planning, designing,
constructing, operating any public transportation facility, or
performing any service related to transportation which the
authority is authorized to operate or perform, on terms as may
be agreed upon by the contracting parties;
(5) To acquire any existing public transportation facility
by conveyance, sale, or lease. In any acquisition from a
county, city, or other political subdivision of the state, the
authority will receive credit from the county or city or other
political subdivision for any federal assistance and state
matching assistance used by the county or city or other political subdivision in acquiring any portion of the public transportation facility. Upon acquisition, the authority must
assume and observe all existing labor contracts relating to the
public transportation facility and, to the extent necessary for
operation of the public transportation facility, all of the
employees of the public transportation facility whose duties
are necessary to efficiently operate the public transportation
facility must be appointed to comparable positions to those
which they held at the time of the transfer, and no employee
or retired or pensioned employee of the public transportation
facility will be placed in any worse position with respect to
pension seniority, wages, sick leave, vacation, or other benefits than he or she enjoyed as an employee of the public transportation facility prior to the acquisition. Furthermore, the
authority must engage in collective bargaining with the duly
appointed representatives of any employee labor organization having existing contracts with the acquired facility and
may enter into labor contracts with the employee labor organization;
(6) To contract for, participate in, and support research,
demonstration, testing, and development of public monorail
transportation facilities, equipment, and use incentives, and
have all powers necessary to comply with any criteria, standards, and regulations which may be adopted under state and
federal law, and to take all actions necessary to meet the
requirements of those laws. The authority has, in addition to
these powers, the authority to prepare, adopt, and carry out a
comprehensive public monorail plan and to make other plans
[Title 35 RCW—page 318]
and studies and to perform programs as the authority deems
necessary to implement and comply with those laws;
(7) To establish local improvement districts within the
authority area to finance public monorail transportation facilities, to levy special assessments on property specially benefited by those facilities, and to issue local improvement bonds
to be repaid by the collection of local improvement assessments. The method of establishment, levying, collection,
enforcement, and all other matters relating to the local
improvement districts, assessments, collection, and bonds are
as provided in the statutes governing local improvement districts of cities and towns. The duties devolving upon the city
treasurer in those statutes are imposed on the treasurer of the
authority;
(8) To exercise all other powers necessary and appropriate to carry out its responsibilities, including without limitation the power to sue and be sued, to own, construct, purchase, lease, add to, and maintain any real and personal property or property rights necessary for the conduct of the affairs
of the authority, to enter into contracts, and to employ the
persons as the authority deems appropriate. An authority may
also sell, lease, convey, or otherwise dispose of any real or
personal property no longer necessary for the conduct of the
affairs of the authority. [2002 c 248 § 5.]
35.95A.060 Funds and accounts—Designation of
treasurer. Each authority will establish necessary and
appropriate funds and accounts consistent with the uniform
system of accounts developed pursuant to RCW 43.09.210.
The authority may designate a treasurer or may contract with
any city with territory within the authority area for treasury
and other financial functions. The city must be reimbursed
for the expenses of treasury services. However, no city whose
treasurer serves as treasurer of an authority is liable for the
obligations of the authority. [2002 c 248 § 6.]
35.95A.060
35.95A.070 Excess levies—General obligation
bonds—Revenue bonds. Every authority has the power to:
(1) Levy excess levies upon the property included within
the authority area, in the manner prescribed by Article VII,
section 2 of the state Constitution and by RCW 84.52.052 for
operating funds, capital outlay funds, and cumulative reserve
funds;
(2) Issue general obligation bonds, not to exceed an
amount, together with any outstanding nonvoter-approved
general obligation indebtedness equal to one and one-half
percent of the value of the taxable property within the authority area, as the term "value of the taxable property" is defined
in RCW 39.36.015. An authority may additionally issue gene r a l o b l i g a t i o n b o n d s , t o g e t h e r w i t h o u ts t an d i n g
voter-approved and nonvoter-approved general obligation
indebtedness, equal to two and one-half percent of the value
of the taxable property within the authority area, as the term
"value of the taxable property" is defined in RCW 39.36.015,
when the bonds are approved by three-fifths of the qualified
electors of the authority at a general or special election called
for that purpose and may provide for the retirement thereof
by levies in excess of dollar rate limitations in accordance
with the provisions of RCW 84.52.056. These elections will
be held as provided in RCW 39.36.050;
35.95A.070
(2008 Ed.)
City Transportation Authority—Monorail Transportation
(3) Issue revenue bonds payable from any revenues other
than taxes levied by the authority, and to pledge those revenues for the repayment of the bonds. Proceeds of revenue
bonds may only be expended for the costs of public monorail
transportation facilities, for financing costs, and for capitalized interest during construction plus six months thereafter.
The bonds and warrants will be issued and sold in accordance
with chapter 39.46 RCW.
No bonds issued by an authority are obligations of any
city, county, or the state of Washington or any political subdivision thereof other than the authority, and the bonds will
so state, unless the legislative authority of any city or county
or the legislature expressly authorizes particular bonds to be
either guaranteed by or obligations of its respective city or
county or of the state. [2002 c 248 § 8.]
35.95A.080
35.95A.080 Special excise tax—Public hearings. (1)
Every authority has the power to levy and collect a special
excise tax not exceeding two and one-half percent on the
value of every motor vehicle owned by a resident of the
authority area for the privilege of using a motor vehicle.
Before utilization of any excise tax money collected under
this section for acquisition of right-of-way or construction of
a public monorail transportation facility on a separate
right-of-way, the authority must adopt rules affording the
public an opportunity for corridor public hearings and design
public hearings, which provide in detail the procedures necessary for public participation in the following instances: (a)
Prior to adoption of location and design plans having a substantial social, economic, or environmental effect upon the
locality upon which they are to be constructed; or (b) on the
public transportation facilities operating on a separate
right-of-way whenever a substantial change is proposed relating to location or design in the adopted plan. In adopting rules
the authority must adhere to the provisions of the administrative procedure act.
(2) A "corridor public hearing" is a public hearing that:
(a) Is held before the authority is committed to a specific
route proposal for the public transportation facility, and
before a route location is established; (b) is held to afford an
opportunity for participation by those interested in the determination of the need for, and the location of, the public transportation facility; and (c) provides a public forum that affords
a full opportunity for presenting views on the public transportation facility route location, and the social, economic, and
environmental effects on that location and alternate locations.
However, the hearing is not deemed to be necessary before
adoption of a transportation plan as provided in *section 7 of
this act or a vote of the qualified electors under subsection (5)
of this section.
(3) A "design public hearing" is a public hearing that: (a)
Is held after the location is established but before the design
is adopted; (b) is held to afford an opportunity for participation by those interested in the determination of major design
features of the public monorail transportation facility; and (c)
provides a public forum to afford a full opportunity for presenting views on the public transportation system design, and
the social, economic, and environmental effects of that
design and alternate designs, including people-mover technology.
(2008 Ed.)
35.95A.100
(4) An authority imposing a tax under subsection (1) of
this section may also impose a sales and use tax, in addition
to any tax authorized by RCW 82.14.030, upon retail car
rentals within the city that are taxable by the state under chapters 82.08 and 82.12 RCW. The rate of tax must not exceed
1.944 percent of the base of the tax. The base of the tax will
be the selling price in the case of a sales tax or the rental value
of the vehicle used in the case of a use tax. The revenue collected under this subsection will be distributed in the same
manner as sales and use taxes under chapter 82.14 RCW.
(5) Before any authority may impose any of the taxes
authorized under this section, the authorization for imposition of the taxes must be approved by the qualified electors of
the authority area. [2002 c 248 § 9.]
*Reviser’s note: Section 7 of this act was vetoed by the governor.
35.95A.090 Vehicle license fees—Vote of the people.
(1) Every authority has the power to fix and impose a fee, not
to exceed one hundred dollars per vehicle, for each vehicle
that is subject to relicensing tab fees under RCW 46.16.0621
and for each vehicle that is subject to RCW 46.16.070 with an
unladen weight of six thousand pounds or less, and that is
determined by the department of licensing to be registered
within the boundaries of the authority area. The department
of licensing must provide an exemption from the fee for any
vehicle the owner of which demonstrates is not operated
within the authority area.
(2) The department of licensing will administer and collect the fee. The department will deduct a percentage amount,
as provided by contract, not to exceed two percent of the
taxes collected, for administration and collection expenses
incurred by it. The remaining proceeds will be remitted to the
custody of the state treasurer for monthly distribution to the
authority.
(3) The authority imposing this fee will delay the effective date at least six months from the date the fee is approved
by the qualified voters of the authority area to allow the
department of licensing to implement administration and collection of the fee.
(4) Before any authority may impose any of the fees
authorized under this section, the authorization for imposition of the fees must be approved by a majority of the qualified electors of the authority area voting. [2002 c 248 § 10.]
35.95A.090
35.95A.100 Property tax levies. (1) Every authority
has the power to impose annual regular property tax levies in
an amount equal to one dollar and fifty cents or less per thousand dollars of assessed value of property in the authority
area when specifically authorized to do so by a majority of
the voters voting on a proposition submitted at a special election or at the regular election of the authority. A proposition
authorizing the tax levies will not be submitted by an authority more than twice in any twelve-month period. Ballot propositions must conform with *RCW 29.30.111. The number of
years during which the regular levy will be imposed may be
limited as specified in the ballot proposition or may be unlimited in duration. In the event an authority is levying property
taxes, which in combination with property taxes levied by
other taxing districts subject to the limitations provided in
RCW 84.52.043 and 84.52.050, exceed these limitations, the
35.95A.100
[Title 35 RCW—page 319]
35.95A.110
Title 35 RCW: Cities and Towns
authority’s property tax levy shall be reduced or eliminated
consistent with RCW 84.52.010.
(2) The limitation in RCW 84.55.010 does not apply to
the first levy imposed under this section following the
approval of the levies by the voters under subsection (1) of
this section. [2002 c 248 § 11.]
*Reviser’s note: RCW 29.30.111 was recodified as RCW 29A.36.210
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
35.95A.110 Taxes and fees—Limitation on use. All
taxes and fees levied and collected by an authority must be
used solely for the purpose of paying all or any part of the
cost of acquiring, designing, constructing, equipping, maintaining, or operating public monorail transportation facilities
or contracting for the services thereof, or to pay or secure the
payment of all or part of the principal of or interest on any
general obligation bonds or revenue bonds issued for authority purposes. Until expended, money accumulated in the
funds and accounts of an authority may be invested in the
manner authorized by the governing body of the authority,
consistent with state law.
If any of the revenue from any tax or fee authorized to be
levied by an authority has been pledged by the authority to
secure the payment of any bonds as herein authorized, then as
long as that pledge is in effect the legislature will not withdraw from the authority the authorization to levy and collect
the tax or fee. [2002 c 248 § 12.]
35.95A.110
35.95A.120 Dissolution of authority. (1) Except as
provided in subsection (2) of this section, the city transportation authority may be dissolved by a vote of the people residing within the boundaries of the authority if the authority is
faced with significant financial problems. However, the
authority may covenant with holders of its bonds that it may
not be dissolved and shall continue to exist solely for the purpose of continuing to levy and collect any taxes or assessments levied by it and pledged to the repayment of debt and
to take other actions, including the appointment of a trustee,
as necessary to allow it to repay any remaining debt. No such
debt may be incurred by the authority on a project until thirty
days after a final environmental impact statement on that
project has been issued as required by chapter 43.21C RCW.
The amount of the authority’s initial bond issue is limited to
the amount of the project costs in the subsequent two years as
documented by a certified engineer or by submitted bids, plus
any reimbursable capital expenses already incurred at the
time of the bond issue. The authority may size the first bond
issue consistent with the internal revenue service five-year
spend down schedule if an independent financial advisor recommends such an approach is financially advisable. Any referendum petition to dissolve the city transportation authority
must be filed with the city council and contain provisions for
dissolution of the authority. Within seven days, the city prosecutor must review the validity of the petition and submit its
report to the petitioner and city council. If the petitioner’s
claims are deemed valid by the city prosecutor, within ten
days of the petitioner’s filing, the city council will confer
with the petitioner concerning the form and style of the petition, issue an identification number for the petition, and write
a ballot title for the measure. The ballot title must be posed
as a question and an affirmative vote on the measure results
35.95A.120
[Title 35 RCW—page 320]
in authority retention and a negative vote on the measure
results in the authority’s dissolution. The petitioner will be
notified of the identification number and ballot title within
this ten-day period.
After this notification, the petitioner has ninety days in
which to secure on petition forms, the signatures of not less
than fifteen percent of the registered voters in the authority
area and to file the signed petitions with the filing officer.
Each petition form must contain the ballot title and the full
text of the measure to be referred. The filing officer will verify the sufficiency of the signatures on the petitions. If sufficient valid signatures are properly submitted, the filing
officer shall submit the initiative to the authority area voters
at a general or special election held on one of the dates provided in RCW 29A.04.321 as determined by the city council,
which election will not take place later than one hundred
twenty days after the signed petition has been filed with the
filing officer.
(2) A city transportation authority is dissolved and terminated if all of the following events occur before or after July
22, 2007:
(a) A majority of the qualified electors voting at a regular
or special election determine that new public monorail transportation facilities must not be built;
(b) The governing body of the authority adopts a resolution and publishes a notice of the proposed dissolution at least
once every week for three consecutive weeks in a newspaper
of general circulation published in the authority area. The
resolution and notice must:
(i) Describe information that must be included in a notice
of claim against the authority including, but not limited to,
any claims for refunds of special motor vehicle excise tax
levied under RCW 35.95A.080 and collected by or on behalf
of the authority;
(ii) Provide a mailing address where a notice of claim
may be sent;
(iii) State the deadline, which must be at least ninety
days from the date of the third publication, by which the
authority must receive a notice of claim; and
(iv) State that a claim will be barred if a notice of claim
is not received by the deadline;
(c) The authority resolves all claims timely made under
(b) of this subsection; and
(d) The governing body adopts a resolution (i) finding
that the conditions of (a) through (c) of this subsection have
been met and (ii) dissolving and terminating the authority.
(3) A claim against a city transportation authority is
barred if (a) a claimant does not deliver a notice of claim to
the authority by the deadline stated in subsection (2)(b)(iii) of
this section or (b) a claimant whose claim was rejected by the
authority does not commence a proceeding to enforce the
claim within sixty days from receipt of the rejection notice.
For purposes of this subsection, "claim" includes, but is not
limited to, any right to payment, whether liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed,
undisputed, legal, equitable, secured, or unsecured, or the
right to an equitable remedy for breach of performance if the
breach gives rise to a right to payment, whether or not the
right to an equitable remedy is fixed, contingent, matured,
unmatured, disputed, undisputed, secured, or unsecured,
including, but not limited to, any claim for a refund of special
(2008 Ed.)
Electric and Communication Facilities—Conversion to Underground
motor vehicle excise tax levied under RCW 35.95A.080 and
collected by or on behalf of the authority.
(4) The governing body of the authority may transfer any
net assets to one or more other political subdivisions with
instructions as to their use or disposition. The governing
body shall authorize this transfer in the resolution that dissolves and terminates the authority under subsection (2)(d) of
this section.
(5) Upon the dissolution and termination of the authority, the former officers, directors, employees, and agents of
the authority shall be immune from personal liability in connection with any claims brought against them arising from or
relating to their service to the authority, and any claim
brought against any of them is barred.
(6) Upon satisfaction of the conditions set forth in subsection (2)(a) and (b) of this section, the terms of all members
of the governing body of the city transportation authority,
whether elected or appointed, who are serving as of the date
of the adoption of the resolution described in subsection
(2)(b) of this section, shall be extended, and incumbent governing body members shall remain in office until dissolution
of the authority, notwithstanding any provision of any law to
the contrary. [2007 c 516 § 12; 2003 c 147 § 14; 2002 c 248
§ 13.]
Findings—Intent—2007 c 516: See note following RCW 47.01.011.
Effective date—2003 c 147: See note following RCW 47.10.861.
Intent—Findings—2005 c 19: "It is the intent of the legislature to promote the use of icons and pictograms that incorporate the use of commonly
accepted symbols that can be understood and interpreted by a variety of people from all walks of life and different nations in order to assist them in the
navigation of this state. These signs can be used on roadways and for other
transportation-related facilities such as transit stations, airports, bus and train
stations, and ferry terminals. Pictograms are signs that depict services, facilities, or destinations in picture form and are used throughout the world. Pictograms are useful for traveling within a transit system as well as for locating
transit system stations and stops.
The legislature finds that many signing methods such as icons, already
in use by the Washington state department of transportation and other agencies, facilitate use of the transportation systems in the state and connections
between modes. The legislature also finds that the development of pictograms for use within transit systems will assist system users, complement
other signing methods, and increase transit system ridership through easier
way-finding. The pictograms may reflect the unique characteristics of the
facility, and those characteristics should be considered and are acceptable in
icon and pictogram design. It is the intent of the legislature to have icons and
pictograms in use as new systems are put into service to promote tourism and
be in place by 2010 to assist international visitors coming to Washington
during the Olympic Games in Vancouver, British Columbia, Canada." [2005
c 19 § 1.]
Chapter 35.96 RCW
ELECTRIC AND COMMUNICATION FACILITIES—
CONVERSION TO UNDERGROUND
Chapter 35.96
Sections
35.96.010
35.96.020
35.96.030
35.95A.130
35.95A.130 Special excise tax—Collection. The special excise tax imposed under RCW 35.95A.080(1) will be
collected at the same time and in the same manner as relicensing tab fees under RCW 46.16.0621 and 35.95A.090.
Every year on January 1st, April 1st, July 1st, and October 1st
the department of licensing shall remit special excise taxes
collected on behalf of an authority, back to the authority, at
no cost to the authority. Valuation of motor vehicles for purposes of the special excise tax imposed under RCW
35.95A.080(1) must be consistent with chapter 82.44 RCW.
[2002 c 248 § 14.]
35.96.020
35.96.040
35.96.050
35.96.060
35.96.070
35.96.080
35.96.900
Declaration of public interest and purpose.
Definitions.
Conversion of electric and communication facilities to underground facilities authorized—Local improvement districts—
Special assessments.
Contracts for conversion—Authorized—Provisions.
Notice to owners to convert service lines to underground—
Objections—Hearing—Time limitation for conversion.
Application of provisions relating to local improvements in
cities and towns to chapter.
Validation of preexisting debts, contracts, obligations, etc.,
made or incurred incidental to conversion of electric and
communication facilities to underground facilities.
Authority granted deemed alternative and additional.
Severability—1967 c 119.
Counties, conversion of overhead electric and communication facilities to
underground facilities: RCW 36.88.410 through 36.88.480.
Local improvements for underground utilities transmission lines: RCW
35.43.040(12).
35.95A.140
35.95A.140 Requirements for signage. Each authority
shall incorporate in plans for stations along any monorail
project signing that is easily understood by the traveling public, including, but not limited to, persons with disabilities,
non-English speaking persons, and visitors from other
nations. The signage must employ graphics consistent with
international symbols for transportation facilities and signage
that are consistent with department of transportation guidelines and programs. The signage must also use distinguishing
pictograms as a means to identify stations and points of interest along the monorail corridor for persons who use languages that are not Roman-alphabet based. These requirements are intended to apply to new sign installation and not to
existing signs. The authority may replace existing signs as it
chooses; however, it shall use the new signing designs when
existing signs are replaced. All signage must comply with
requirements of applicable federal law and may include recommendations contained in federal publications providing
directions on way-finding for persons with disabilities. [2005
c 19 § 2.]
(2008 Ed.)
35.96.010 Declaration of public interest and purpose.
It is hereby found and declared that the conversion of overhead electric and communication facilities to underground
facilities is substantially beneficial to the public safety and
welfare, is in the public interest and is a public purpose, notwithstanding any resulting incidental private benefit to any
electric or communication utility affected by such conversion. [1967 c 119 § 2.]
35.96.010
35.96.020 Definitions. As used in this chapter, unless
specifically defined otherwise, or unless the context indicates
otherwise:
"Conversion area" means that area in which existing
overhead electric and communication facilities are to be converted to underground facilities pursuant to the provisions of
this chapter.
"Electric utility" means any publicly or privately owned
utility engaged in the business of furnishing electric energy to
the public in all or part of the conversion area and includes
35.96.020
[Title 35 RCW—page 321]
35.96.030
Title 35 RCW: Cities and Towns
electrical companies as defined by RCW 80.04.010 and public utility districts.
"Communication utility" means any utility engaged in
the business of affording telephonic, telegraphic, cable television or other communication service to the public in all or
part of the conversion area and includes telephone companies
and telegraph companies as defined by RCW 80.04.010.
[1967 c 119 § 3.]
35.96.030 Conversion of electric and communication
facilities to underground facilities authorized—Local
improvement districts—Special assessments. Every city
or town shall have the power to convert existing overhead
electric and communication facilities to underground facilities pursuant to RCW 35.43.190 where such facilities are
owned or operated by the city or town. Where such facilities
are not so owned or operated, every city or town shall have
the power to contract with electric and communication utilities, as hereinafter provided, for the conversion of existing
overhead electric and communication facilities to underground facilities. To provide funds to pay the whole or any
part of the cost of any such conversion, either where the existing overhead electric and communication facilities are owned
or operated by the city or town or where they are not so
owned or operated, every city or town shall have the power to
create local improvement districts and to levy and collect
special assessments against the real property specially benefited by such conversion. For the purpose of ascertaining the
amount to be assessed against each lot or parcel of land
within any local improvement district established pursuant to
this chapter, in addition to other methods provided by law for
apportioning special benefits, the legislative authority of any
city or town may apportion all or part of the special benefits
accruing on a square footage basis or on a per lot basis. [1967
c 119 § 4.]
35.96.030
owners of all structures or improvements served from the
existing overhead facilities in the area, which notice shall
state that:
(1) Service from the underground facilities is available;
(2) All electric and communication service lines from the
existing overhead facilities within the area to any structure or
improvement must be disconnected and removed within
ninety days after the date of the mailing of the notice;
(3) Should such owner fail to convert such service lines
from overhead to underground within ninety days after the
date of the mailing of the notice, the city or town will order
the electric and communication utilities to disconnect and
remove the service lines;
(4) Should the owner object to the disconnection and
removal of the service lines he may file his written objections
thereto with the city or town clerk within thirty days after the
date of the mailing of the notice and failure to so object
within such time will constitute a waiver of his right thereafter to object to such disconnection and removal.
If the owner of any structure or improvement served
from the existing overhead electric and communication facilities within a conversion area shall fail to convert to underground the service lines from such overhead facilities to such
structure or improvement within ninety days after the mailing
to him of the notice, the city or town shall order the electric
and communication utilities to disconnect and remove all
such service lines: PROVIDED, That if the owner has filed
his written objections to such disconnection and removal
with the city or town clerk within thirty days after the mailing
of the notice then the city or town shall not order such disconnection and removal until after the hearing on such objections.
Upon the timely filing by the owner of objections to the
disconnection and removal of the service lines, the legislative
authority of such city or town, or a committee thereof, shall
conduct a hearing to determine whether the removal of all or
any part of the service lines is in the public benefit. The hearing shall be held at such time as the legislative authority of
such city or town may establish for hearings on the objections
and shall be held in accordance with the regularly established
procedure set by the legislative authority of the city or town.
If the hearing is before a committee, the committee shall following the hearing report its recommendation to the legislative authority of the city or town for final action. The determination reached by the legislative authority shall be final in
the absence of an abuse of discretion. [1967 c 119 § 6.]
35.96.040 Contracts for conversion—Authorized—
Provisions. Every city or town shall have the power to contract with electric and communication utilities for the conversion of existing overhead electric and communication facilities to underground facilities including all work incidental to
such conversion. Such contracts may include, among other
provisions, any of the following:
(1) For the supplying and approval by electric and communication utilities of plans and specifications for such conversion;
(2) For the payment to the electric and communication
utilities for any work performed or services rendered by it in
connection with the conversion project;
(3) For the payment to the electric and communication
utilities for the value of the overhead facilities removed pursuant to the conversion;
(4) For ownership of the underground facilities by the
electric and communication utilities. [1967 c 119 § 5.]
35.96.060 Application of provisions relating to local
improvements in cities and towns to chapter. Unless otherwise provided in this chapter, the general provisions relating to local improvements in cities and towns including but
not limited to chapters 35.43, 35.44, 35.45, 35.48, 35.49,
35.50, 35.53 and 35.54 RCW shall apply to local improvements authorized by this chapter. [1967 c 119 § 7.]
35.96.050 Notice to owners to convert service lines to
underground—Objections—Hearing—Time limitation
for conversion. When service from the underground electric
and communication facilities is available in all or part of a
conversion area, the city or town shall mail a notice to the
35.96.070 Validation of preexisting debts, contracts,
obligations, etc., made or incurred incidental to conversion of electric and communication facilities to underground facilities. All debts, contracts and obligations heretofore made or incurred by or in favor of any city or town
35.96.040
35.96.050
[Title 35 RCW—page 322]
35.96.060
35.96.070
(2008 Ed.)
Heating Systems
incident to the conversion of overhead electric and communication facilities to underground facilities and all bonds, warrants, or other obligations issued by any such city or town, or
by any local improvement district created to effect such conversion and any and all assessments heretofore levied in any
such local improvement district, and all other things and proceedings relating thereto are hereby declared to be legal and
valid and of full force and effect from the date thereof. [1967
c 119 § 8.]
35.96.080 Authority granted deemed alternative and
additional. The authority granted by this chapter shall be
considered an alternative and additional method for converting existing overhead electric and communication facilities to
underground facilities, and for paying all or part of the cost
thereof, and shall not be construed as a restriction or limitation upon any other authority for or method of converting any
such facilities or placing such facilities underground or paying all or part of the cost thereof, including, but not limited to,
existing authority or methods under chapter 35.43 RCW and
chapter 35.44 RCW. [1967 c 119 § 10.]
35.96.080
35.96.900 Severability—1967 c 119. If any provision
of this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
[1967 c 119 § 9.]
35.96.900
Chapter 35.97
Chapter 35.97 RCW
HEATING SYSTEMS
Sections
35.97.010
35.97.020
35.97.030
35.97.040
35.97.050
35.97.060
35.97.070
35.97.080
35.97.090
35.97.100
35.97.110
35.97.120
35.97.130
35.97.900
Definitions.
Heating systems authorized.
Heating systems—General powers of municipalities.
Heating systems—Specific powers of municipalities.
Heating systems—Authorized by legislative authority of
municipality—Competitive bidding.
Municipality may impose rates and charges—Classification of
customers.
Municipality may shut off heat for nonpayment—Late payment charges authorized.
Connection charges authorized.
Local improvement district—Assessments—Bonds and warrants.
Special funds authorized.
Revenue bonds—Form, terms, etc.
Revenue warrants.
Revenue bonds and warrants—Holder may enforce.
Severability—1983 c 216.
35.97.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Biomass energy system" means a system that provides for the production or collection of organic materials
such as wood and agricultural residues and municipal solid
waste that are primarily organic materials and the conversion
or use of that material for the production of heat or substitute
fuels through several processes including, but not limited to,
burning, pyrolysis, or anaerobic digestion.
(2) "Cogeneration" means the sequential generation of
two or more forms of energy from a common fuel or energy
source.
35.97.010
(2008 Ed.)
35.97.030
(3) "Cogeneration facility" means any machinery, equipment, structure, process, or property or any part thereof,
installed or acquired for the primary purpose of cogeneration
by a person or corporation.
(4) "Geothermal heat" means the natural thermal energy
of the earth.
(5) "Waste heat" means the thermal energy which otherwise would be released to the environment from an industrial
process, electric generation, or other process.
(6) "Heat" means thermal energy.
(7) "Heat source" includes but is not limited to (a) any
integral part of a heat production or heat rejection system of
an industrial facility, cogeneration facility, or electric power
generation facility, (b) geothermal well or spring, (c) biomass
energy system, (d) solar collection facility, and (e) hydrothermal resource or heat extraction process.
(8) "Municipality" means a county, city, town, irrigation
district which distributes electricity, water-sewer district,
port district, or metropolitan municipal corporation.
(9) "Heating facilities or heating systems" means all real
and personal property, or interests therein, necessary or useful for: (a) The acquisition, production, or extraction of heat;
(b) the storage of heat; (c) the distribution of heat from its
source to the place of utilization; (d) the extraction of heat at
the place of utilization from the medium by which the heat is
distributed; (e) the distribution of heat at the place of utilization; and (f) the conservation of heat.
(10) "Hydrothermal resource" means the thermal energy
available in wastewater, sewage effluent, wells, or other
water sources, natural or manmade. [1999 c 153 § 41; 1987
c 522 § 4; 1983 c 216 § 2.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
35.97.020 Heating systems authorized. (1) Counties,
cities, towns, irrigation districts which distribute electricity,
sewer districts, water districts, port districts, and metropolitan municipal corporations are authorized pursuant to this
chapter to establish heating systems and supply heating services from Washington’s heat sources.
(2) Nothing in this chapter authorizes any municipality
to generate, transmit, distribute, or sell electricity. [1989 c 11
§ 7; 1987 c 522 § 3; 1983 c 216 § 1.]
35.97.020
Severability—1989 c 11: See note following RCW 9A.56.220.
35.97.030 Heating systems—General powers of
municipalities. A municipality may construct, purchase,
acquire, add to, extend, maintain, and operate a system of
heating facilities, within or without its limits, for the purpose
of supplying its inhabitants and other persons with heat, with
full power to regulate and control the use, distribution, and
price of supplying heat, and to enter into agreements for the
maintenance and operation of heating facilities under terms
and conditions determined by the legislative authority of the
municipality. The provision of heat and heating facilities and
the establishment and operation of heating systems by a
municipality under this chapter are hereby declared to be a
public use and a public and strictly municipal purpose. However, nothing in this chapter shall be construed to restrain or
limit the authority of any individual, partnership, corporation,
35.97.030
[Title 35 RCW—page 323]
35.97.040
Title 35 RCW: Cities and Towns
or private utility from establishing and operating heating systems. [1983 c 216 § 3.]
35.97.040 Heating systems—Specific powers of
municipalities. In addition to the general powers under
RCW 35.97.030, and not by way of limitation, municipalities
have the following specific powers:
(1) The usual powers of a corporation, to be exercised for
public purposes;
(2) To acquire by purchase, gift, or condemnation property or interests in property within and without the municipality, necessary for the construction and operation of heating
systems, including additions and extensions of heating systems. No municipality may acquire any heat source by condemnation. To the extent judged economically feasible by the
municipality, public property and rights-of-way shall be utilized in lieu of private property acquired by condemnation.
The municipality shall determine in cooperation with existing
users that addition of district heating facilities to any public
property or rights-of-way shall not be a hazard or interference
with existing uses or, if so, that the cost for any relocation of
facilities of existing users shall be a cost and expense of
installing the heating facility;
(3) To acquire, install, add to, maintain, and operate
heating facilities at a heat source or to serve particular consumers of heat, whether such facilities are located on property owned by the municipality, by the consumer of heat, or
otherwise;
(4) To sell, lease, or otherwise dispose of heating facilities;
(5) To contract for the operation of heating facilities;
(6) To apply and qualify for and receive any private or
federal grants, loans, or other funds available for carrying out
the objects of the municipality under this chapter;
(7) Full and exclusive authority to sell and regulate and
control the use, distribution, rates, service, charges, and price
of all heat supplied by the municipality and to carry out any
other powers and duties under this chapter free from the jurisdiction and control of the utilities and transportation commission;
(8) To utilize fuels other than the heat sources described
in RCW 35.97.020 on a standby basis, to meet start up and
emergency requirements, to meet peak demands, or to supplement those heat sources as necessary to provide a reliable
and economically feasible supply of heat;
(9) To the extent permitted by the state Constitution, to
make loans for the purpose of enabling suppliers or consumers of heat to finance heating facilities;
(10) To enter into cooperative agreements providing for
the acquisition, construction, ownership, financing, use, control, and regulation of heating systems and heating facilities
by more than one municipality or by one or more municipalities on behalf of other municipalities. [1983 c 216 § 4.]
35.97.040
35.97.050 Heating systems—Authorized by legislative authority of municipality—Competitive bidding. If
the legislative authority of a municipality deems it advisable
that the municipality purchase, acquire, or construct a heating
system, or make any additions or extensions to a heating system, the legislative authority shall so provide by an ordinance
35.97.050
[Title 35 RCW—page 324]
or a resolution specifying and adopting the system or plan
proposed, declaring the estimated cost thereof, as near as may
be, and specifying the method of financing and source of
funds. Any construction, alteration, or improvement of a
heating system by any municipality shall be in compliance
with the appropriate competitive bidding requirements in
Titles 35, 36, 53, 57, or 87 RCW. [1999 c 153 § 42; 1996 c
230 § 1603; 1983 c 216 § 5.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
35.97.060
35.97.060 Municipality may impose rates and
charges—Classification of customers. A municipality may
impose rates, charges, or rentals for heat, service, and facilities provided to customers of the system if the rates charged
are uniform for the same class of customers or service. In
classifying customers served or service furnished, the legislative authority may consider: The difference in cost of service
to the various customers; location of the various customers
within or without the municipality; the difference in cost of
maintenance, operation, repair, and replacement of the various parts of the system; the different character of the service
furnished various customers; the quantity and quality of the
heat furnished; the time heat is used; the demand on the system; capital contributions made to the system including, but
not limited to, assessments or the amount of capital facilities
provided for use by the customer; and any other matters
which present a reasonable difference as a ground for distinction. [1983 c 216 § 6.]
35.97.070
35.97.070 Municipality may shut off heat for nonpayment—Late payment charges authorized. If prompt payment of a heating rate, charge, or rental is not made, a municipality after reasonable notice may shut off the heating supply
to the building, place, or premises to which the municipality
supplied the heating. A municipality may also make an additional charge for late payment. [1983 c 216 § 7.]
35.97.080
35.97.080 Connection charges authorized. A municipality may charge property owners seeking to connect to the
heating system, as a condition to granting the right to connect
and in addition to the cost of the connection, such reasonable
connection charge as the legislative authority determines to
be proper in order that the property owners bear their pro rata
share of the cost of the system. Potential customers shall not
be compelled to subscribe or connect to the heating system.
The cost of connection to the system shall include the cost of
acquisition and installation of heating facilities necessary or
useful for the connection, including any heating facilities
located or installed on the property being served. Connection
charges may, in the discretion of the municipality, be made
payable in installments over a period of not more than thirty
years or the estimated life of the facilities installed, whichever is less. Installments, if any, shall bear interest and penalties at such rates and be payable at such times and in such
manner as the legislative authority of the municipality may
provide. [1983 c 216 § 8.]
(2008 Ed.)
Heating Systems
35.97.090 Local improvement district—Assessments—Bonds and warrants. For the purpose of paying all
or a portion of the cost of heating facilities, a municipality
may form local improvement districts or utility local
improvement districts, foreclose on, levy, and collect assessments, reassessments, and supplemental assessments; and
issue local improvement district bonds and warrants in the
manner provided by law for cities or towns. [1983 c 216 § 9.]
35.97.090
35.97.100 Special funds authorized. For the purpose
of providing funds for defraying all or a portion of the costs
of planning, purchase, leasing, condemnation, or other acquisition, construction, reconstruction, development, improvement, extension, repair, maintenance, or operation of a heating system, and the implementation of the powers in RCW
35.97.030 and 35.97.040, a municipality may authorize, by
ordinance or resolution, the creation of a special fund or
funds into which the municipality shall be obligated to set
aside and pay all or any designated proportion or amount of
any or all revenues derived from the heating system, including any utility local improvement district assessments, any
grants received to pay the cost of the heating system, and any
municipal license fees specified in the ordinance or resolution creating such special fund. [1983 c 216 § 10.]
35.97.100
35.97.110 Revenue bonds—Form, terms, etc. If the
legislative authority of a municipality deems it advisable to
finance all or a portion of the costs of planning, purchase,
leasing, condemnation, or other acquisition, construction,
reconstruction, development, improvement, and extension of
a heating system, or for the implementation of the powers in
RCW 35.97.030 and 35.97.040, or for working capital, interest during construction and for a period of up to one year
thereafter, debt service and other reserves, and the costs of
issuing revenue obligations, a municipality may issue revenue bonds against the special fund or fund created from revenues or assessments. The revenue bonds so issued may be
issued in one or more series and shall be dated, shall bear
interest at such rate or rates, and shall mature at such time or
times as may be determined by the legislative authority of the
municipality, and may be made redeemable before maturity
at such price or prices and under such terms and conditions as
may be fixed by the legislative authority of the municipality
prior to the issuance of the bonds. The legislative authority of
the municipality shall determine the form of the bonds,
including any interest coupons to be attached thereto, and
shall fix the denomination or denominations of the bonds and
the place or places of payment of principal and interest. If an
officer whose signature or a facsimile of whose signature
appears on any bonds or coupons ceases to be such officer
before the delivery of the bonds, the signature shall for all
purposes have the same effect as if the officer had remained
in office until the delivery. The bonds may be issued in coupon or in registered form or both, and provisions may be
made for the registration of any coupon bonds as to the principal alone and also as to both principal and interest and for
the reconversion into coupon bonds of any bonds registered
as to both principal and interest. Bonds may be sold at public
or private sale for such price and bearing interest at such
fixed or variable rate as may be determined by the legislative
authority of the municipality.
35.97.110
(2008 Ed.)
35.97.900
The principal of and interest on any revenue bonds shall
be secured by a pledge of the revenues and receipts derived
from the heating system, including any amounts pledged to
be paid into a special fund under RCW 35.97.100, and may
be secured by a mortgage covering all or any part of the system, including any enlargements of and additions to such system thereafter made. The revenue bonds shall state upon their
face that they are payable from a special fund, naming it and
the ordinance creating it, and that they do not constitute a
general indebtedness of the municipality. The ordinance or
resolution under which the bonds are authorized to be issued
and any such mortgage may contain agreements and provisions respecting the maintenance of the system, the fixing
and collection of rates and charges, the creation and maintenance of special funds from such revenues, the rights and
remedies available in the event of default, and other matters
improving the marketability of the revenue bonds, all as the
legislative authority of the municipality deems advisable.
Any revenue bonds issued under this chapter may be secured
by a trust agreement by and between the municipality and a
corporate trustee, which may be any trust company or bank
having the powers of a trust company within the state. Any
such trust agreement or ordinance or resolution providing for
the issuance of such bonds may contain such provisions for
protecting and enforcing the rights and remedies of the bond
owners as may be reasonable and proper and not in violation
of law. Any such trust agreement may set forth the rights and
remedies of the bond owners and of the trustee and may
restrict the individual right of action by bond owners as is
customary in trust agreements or trust indentures. [1983 c
216 § 11.]
35.97.120
35.97.120 Revenue warrants. Revenue warrants may
be issued and such warrants and interest thereon may be payable out of the special fund or refunded through the proceeds
of the sale of refunding revenue warrants or revenue bonds.
Every revenue warrant and the interest thereon issued against
the special fund is a valid claim of the owner thereof only as
against that fund and the amount of revenue pledged to the
fund, and does not constitute an indebtedness of the authorized municipality. Every revenue warrant shall state on its
face that it is payable from a special fund, naming it and the
ordinance or resolution creating it. [1983 c 216 § 12.]
35.97.130
35.97.130 Revenue bonds and warrants—Holder
may enforce. If a municipality fails to set aside and pay into
the special fund created for the payment of revenue bonds
and warrants the amount which it has obligated itself in the
ordinance or resolution creating the fund to set aside and pay
therein, the holder of any bond or warrant issued against the
bond may bring suit against the municipality to compel it to
do so. [1983 c 216 § 13.]
35.97.900
35.97.900 Severability—1983 c 216. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1983 c 216 § 15.]
[Title 35 RCW—page 325]
Chapter 35.98
Chapter 35.98
Title 35 RCW: Cities and Towns
Chapter 35.98 RCW
CONSTRUCTION
Sections
35.98.010
35.98.020
35.98.030
35.98.040
35.98.050
Continuation of existing law.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
Repeals and saving.
Emergency—1965 c 7.
35.98.010 Continuation of existing law. The provisions of this title insofar as they are substantially the same as
statutory provisions repealed by this chapter, and relating to
the same subject matter, shall be construed as restatements
and continuations, and not as new enactments. [1965 c 7 §
35.98.010.]
35.98.010
35.98.020 Title, chapter, section headings not part of
law. Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of
the law. [1965 c 7 § 35.98.020.]
35.98.020
35.98.030 Invalidity of part of title not to affect
remainder. If any provision, section, or chapter of this title
or its application to any person or circumstance is held
invalid, the remainder of the provision, section, chapter, or
title, or the application thereof to other persons or circumstances is not affected. [1965 c 7 § 35.98.030.]
35.98.030
35.98.040 Repeals and saving.
35.98.040.
35.98.040
See 1965 c 7 §
35.98.050 Emergency—1965 c 7. This act is necessary
for the immediate preservation of the public peace, health and
safety, the support of the state government and its existing
institutions and shall take effect immediately. [1965 c 7 §
35.98.050.]
35.98.050
Chapter 35.99 RCW
TELECOMMUNICATIONS, CABLE TELEVISION
SERVICE—USE OF RIGHT-OF-WAY
Chapter 35.99
Sections
35.99.010
35.99.020
35.99.030
35.99.040
35.99.050
35.99.060
35.99.070
35.99.080
Definitions.
Permits for use of right-of-way.
Master, use permits—Injunctive relief—Notice—Service providers’ duties.
Local regulations, ordinances—Limitations.
Personal wireless services—Limitations on moratoria—Dispute resolution.
Relocation of facilities—Notice—Reimbursement.
Additional ducts or conduits—City or town may require.
Existing franchises or contracts not preempted.
35.99.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Cable television service" means the one-way transmission to subscribers of video programming and other programming service and subscriber interaction, if any, that is
required for the selection or use of the video programming or
other programming service.
(2) "Facilities" means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary
35.99.010
[Title 35 RCW—page 326]
to furnish and deliver telecommunications services and cable
television services, including but not limited to poles with
crossarms, poles without crossarms, wires, lines, conduits,
cables, communication and signal lines and equipment,
braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications services and cable television services.
(3) "Master permit" means the agreement in whatever
form whereby a city or town may grant general permission to
a service provider to enter, use, and occupy the right-of-way
for the purpose of locating facilities. This definition is not
intended to limit, alter, or change the extent of the existing
authority of a city or town to require a franchise nor does it
change the status of a service provider asserting an existing
statewide grant based on a predecessor telephone or telegraph
company’s existence at the time of the adoption of the Washington state Constitution to occupy the right-of-way. For the
purposes of this subsection, a franchise, except for a cable
television franchise, is a master permit. A master permit does
not include cable television franchises.
(4) "Personal wireless services" means commercial
mobile services, unlicensed wireless services, and common
carrier wireless exchange access services, as defined by federal laws and regulations.
(5) "Right-of-way" means land acquired or dedicated for
public roads and streets, but does not include:
(a) State highways;
(b) Land dedicated for roads, streets, and highways not
opened and not improved for motor vehicle use by the public;
(c) Structures, including poles and conduits, located
within the right-of-way;
(d) Federally granted trust lands or forest board trust
lands;
(e) Lands owned or managed by the state parks and recreation commission; or
(f) Federally granted railroad rights-of-way acquired
under 43 U.S.C. Sec. 912 and related provisions of federal
law that are not open for motor vehicle use.
(6) "Service provider" means every corporation, company, association, joint stock association, firm, partnership,
person, city, or town owning, operating, or managing any
facilities used to provide and providing telecommunications
or cable television service for hire, sale, or resale to the general public. Service provider includes the legal successor to
any such corporation, company, association, joint stock association, firm, partnership, person, city, or town.
(7) "Telecommunications service" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means for hire, sale, or resale to the
general public. For the purpose of this subsection, "information" means knowledge or intelligence represented by any
form of writing, signs, signals, pictures, sounds, or any other
symbols. For the purpose of this chapter, telecommunications
service excludes the over-the-air transmission of broadcast
television or broadcast radio signals.
(8) "Use permit" means the authorization in whatever
form whereby a city or town may grant permission to a service provider to enter and use the specified right-of-way for
the purpose of installing, maintaining, repairing, or removing
identified facilities. [2000 c 83 § 1.]
(2008 Ed.)
Telecommunications, Cable Television Service—Use of Right-Of-Way
35.99.020 Permits for use of right-of-way. A city or
town may grant, issue, or deny permits for the use of the
right-of-way by a service provider for installing, maintaining,
repairing, or removing facilities for telecommunications services or cable television services pursuant to ordinances, consistent with chapter 83, Laws of 2000. [2000 c 83 § 2.]
35.99.020
35.99.030 Master, use permits—Injunctive relief—
Notice—Service providers’ duties. (1) Cities and towns
may require a service provider to obtain a master permit. A
city or town may request, but not require, that a service provider with an existing statewide grant to occupy the
right-of-way obtain a master permit for wireline facilities.
(a) The procedures for the approval of a master permit
and the requirements for a complete application for a master
permit shall be available in written form.
(b) Where a city or town requires a master permit, the
city or town shall act upon a complete application within one
hundred twenty days from the date a service provider files the
complete application for the master permit to use the
right-of-way, except:
(i) With the agreement of the applicant; or
(ii) Where the master permit requires action of the legislative body of the city or town and such action cannot reasonably be obtained within the one hundred twenty day period.
(2) A city or town may require that a service provider
obtain a use permit. A city or town must act on a request for
a use permit by a service provider within thirty days of
receipt of a completed application, unless a service provider
consents to a different time period or the service provider has
not obtained a master permit requested by the city or town.
(a) For the purpose of this section, "act" means that the
city makes the decision to grant, condition, or deny the use
permit, which may be subject to administrative appeal, or
notifies the applicant in writing of the amount of time that
will be required to make the decision and the reasons for this
time period.
(b) Requirements otherwise applicable to holders of
master permits shall be deemed satisfied by a holder of a
cable franchise in good standing.
(c) Where the master permit does not contain procedures
to expedite approvals and the service provider requires action
in less than thirty days, the service provider shall advise the
city or town in writing of the reasons why a shortened time
period is necessary and the time period within which action
by the city or town is requested. The city or town shall reasonably cooperate to meet the request where practicable.
(d) A city or town may not deny a use permit to a service
provider with an existing statewide grant to occupy the
right-of-way for wireline facilities on the basis of failure to
obtain a master permit.
(3) The reasons for a denial of a master permit shall be
supported by substantial evidence contained in a written
record. A service provider adversely affected by the final
action denying a master permit, or by an unreasonable failure
to act on a master permit as set forth in subsection (1) of this
section, may commence an action within thirty days to seek
relief, which shall be limited to injunctive relief.
(4) A service provider adversely affected by the final
action denying a use permit may commence an action within
thirty days to seek relief, which shall be limited to injunctive
35.99.030
(2008 Ed.)
35.99.030
relief. In any appeal of the final action denying a use permit,
the standard for review and burden of proof shall be as set
forth in RCW 36.70C.130.
(5) A city or town shall:
(a) In order to facilitate the scheduling and coordination
of work in the right-of-way, provide as much advance notice
as reasonable of plans to open the right-of-way to those service providers who are current users of the right-of-way or
who have filed notice with the clerk of the city or town within
the past twelve months of their intent to place facilities in the
city or town. A city is not liable for damages for failure to
provide this notice. Where the city has failed to provide
notice of plans to open the right-of-way consistent with this
subsection, a city may not deny a use permit to a service provider on the basis that the service provider failed to coordinate with another project.
(b) Have the authority to require that facilities are
installed and maintained within the right-of-way in such a
manner and at such points so as not to inconvenience the public use of the right-of-way or to adversely affect the public
health, safety, and welfare.
(6) A service provider shall:
(a) Obtain all permits required by the city or town for the
installation, maintenance, repair, or removal of facilities in
the right-of-way;
(b) Comply with applicable ordinances, construction
codes, regulations, and standards subject to verification by
the city or town of such compliance;
(c) Cooperate with the city or town in ensuring that facilities are installed, maintained, repaired, and removed within
the right-of-way in such a manner and at such points so as not
to inconvenience the public use of the right-of-way or to
adversely affect the public health, safety, and welfare;
(d) Provide information and plans as reasonably necessary to enable a city or town to comply with subsection (5) of
this section, including, when notified by the city or town, the
provision of advance planning information pursuant to the
procedures established by the city or town;
(e) Obtain the written approval of the facility or structure
owner, if the service provider does not own it, prior to attaching to or otherwise using a facility or structure in the
right-of-way;
(f) Construct, install, operate, and maintain its facilities
at its expense; and
(g) Comply with applicable federal and state safety laws
and standards.
(7) Nothing in this section shall be construed as:
(a) Creating a new duty upon city [cities] or towns to be
responsible for construction of facilities for service providers
or to modify the right-of-way to accommodate such facilities;
(b) Creating, expanding, or extending any liability of a
city or town to any third-party user of facilities or third-party
beneficiary; or
(c) Limiting the right of a city or town to require an
indemnification agreement as a condition of a service provider’s facilities occupying the right-of-way.
(8) Nothing in this section creates, modifies, expands, or
diminishes a priority of use of the right-of-way by a service
provider or other utility, either in relation to other service
providers or in relation to other users of the right-of-way for
other purposes. [2000 c 83 § 3.]
[Title 35 RCW—page 327]
35.99.040
Title 35 RCW: Cities and Towns
35.99.040 Local regulations, ordinances—Limitations. (1) A city or town shall not adopt or enforce regulations or ordinances specifically relating to use of the
right-of-way by a service provider that:
(a) Impose requirements that regulate the services or
business operations of the service provider, except where otherwise authorized in state or federal law;
(b) Conflict with federal or state laws, rules, or regulations that specifically apply to the design, construction, and
operation of facilities or with federal or state worker safety or
public safety laws, rules, or regulations;
(c) Regulate the services provided based upon the content or kind of signals that are carried or are capable of being
carried over the facilities, except where otherwise authorized
in state or federal law; or
(d) Unreasonably deny the use of the right-of-way by a
service provider for installing, maintaining, repairing, or
removing facilities for telecommunications services or cable
television services.
(2) Nothing in this chapter, including but not limited to
the provisions of subsection (1)(d) of this section, limits the
authority of a city or town to regulate the placement of facilities through its local zoning or police power, if the regulations do not otherwise:
(a) Prohibit the placement of all wireless or of all wireline facilities within the city or town;
(b) Prohibit the placement of all wireless or of all wireline facilities within city or town rights-of-way, unless the
city or town is less than five square miles in size and has no
commercial areas, in which case the city or town may make
available land other than city or town rights-of-way for the
placement of wireless facilities; or
(c) Violate section 253 of the telecommunications act of
1996, P.L. 104-104 (110 Stat. 56).
(3) This section does not amend, limit, repeal, or otherwise modify the authority of cities or towns to regulate cable
television services pursuant to federal law. [2000 c 83 § 4.]
35.99.040
35.99.050 Personal wireless services—Limitations on
moratoria—Dispute resolution. A city or town shall not
place or extend a moratorium on the acceptance and processing of applications, permitting, construction, maintenance,
repair, replacement, extension, operation, or use of any facilities for personal wireless services, except as consistent with
the guidelines for facilities siting implementation, as agreed
to on August 5, 1998, by the federal communications commission’s local and state government advisory committee,
the cellular telecommunications industry association, the personal communications industry association, and the American mobile telecommunications association. Any city or
town implementing such a moratorium shall, at the request of
a service provider impacted by the moratorium, participate
with the service provider in the informal dispute resolution
process included with the guidelines for facilities siting
implementation. [2000 c 83 § 5.]
35.99.050
35.99.060 Relocation of facilities—Notice—Reimbursement. (1) Cities and towns may require service providers to relocate authorized facilities within the right-of-way
when reasonably necessary for construction, alteration,
35.99.060
[Title 35 RCW—page 328]
repair, or improvement of the right-of-way for purposes of
public welfare, health, or safety.
(2) Cities shall notify service providers as soon as practicable of the need for relocation and shall specify the date by
which relocation shall be completed. In calculating the date
that relocation must be completed, cities shall consult with
affected service providers and consider the extent of facilities
to be relocated, the services requirements, and the construction sequence for the relocation, within the city’s overall
project construction sequence and constraints, to safely complete the relocation. Service providers shall complete the
relocation by the date specified, unless the city, or a reviewing court, establishes a later date for completion, after a
showing by the service provider that the relocation cannot be
completed by the date specified using best efforts and meeting safety and service requirements.
(3) Service providers may not seek reimbursement for
their relocation expenses from the city or town requesting
relocation under subsection (1) of this section except:
(a) Where the service provider had paid for the relocation cost of the same facilities at the request of the city or
town within the past five years, the service provider’s share
of the cost of relocation will be paid by the city or town
requesting relocation;
(b) Where aerial to underground relocation of authorized
facilities is required by the city or town under subsection (1)
of this section, for service providers with an ownership share
of the aerial supporting structures, the additional incremental
cost of underground compared to aerial relocation, or as provided for in the approved tariff if less, will be paid by the city
or town requiring relocation; and
(c) Where the city or town requests relocation under subsection (1) of this section solely for aesthetic purposes, unless
otherwise agreed to by the parties.
(4) Where a project in subsection (1) of this section is
primarily for private benefit, the private party or parties shall
reimburse the cost of relocation in the same proportion to
their contribution to the costs of the project. Service providers will not be precluded from recovering their costs associated with relocation required under subsection (1) of this section, provided that the recovery is consistent with subsection
(3) of this section and other applicable laws.
(5) A city or town may require the relocation of facilities
at the service provider’s expense in the event of an unforeseen emergency that creates an immediate threat to the public
safety, health, or welfare. [2000 c 83 § 6.]
35.99.070 Additional ducts or conduits—City or
town may require. A city or town may require that a service
provider that is constructing, relocating, or placing ducts or
conduits in public rights-of-way provide the city or town with
additional duct or conduit and related structures necessary to
access the conduit, provided that:
(1) The city or town enters into a contract with the service provider consistent with RCW 80.36.150. The contract
rates to be charged should recover the incremental costs of
the service provider. If the city or town makes the additional
duct or conduit and related access structures available to any
other entity for the purposes of providing telecommunications or cable television service for hire, sale, or resale to the
general public, the rates to be charged, as set forth in the con35.99.070
(2008 Ed.)
Downtown and Neighborhood Commercial Districts
tract with the entity that constructed the conduit or duct, shall
recover at least the fully allocated costs of the service provider. The service provider shall state both contract rates in
the contract. The city or town shall inform the service provider of the use, and any change in use, of the requested duct
or conduit and related access structures to determine the
applicable rate to be paid by the city or town.
(2) Except as otherwise agreed by the service provider
and the city or town, the city or town shall agree that the
requested additional duct or conduit space and related access
structures will not be used by the city or town to provide telecommunications or cable television service for hire, sale, or
resale to the general public.
(3) The city or town shall not require that the additional
duct or conduit space be connected to the access structures
and vaults of the service provider.
(4) The value of the additional duct or conduit requested
by a city or town shall not be considered a public works construction contract.
(5) This section shall not affect the provision of an institutional network by a cable television provider under federal
law. [2000 c 83 § 7.]
35.99.080 Existing franchises or contracts not preempted. Chapter 83, Laws of 2000 shall not preempt specific provisions in existing franchises or contracts between
cities or towns and service providers. [2000 c 83 § 9.]
35.99.080
Chapter 35.100
Chapter 35.100 RCW
DOWNTOWN AND NEIGHBORHOOD
COMMERCIAL DISTRICTS
Sections
35.100.010
35.100.020
35.100.030
35.100.040
35.100.050
35.100.900
Findings—Intent.
Definitions.
Local retail sales and use tax increment revenue—Applications.
Local sales and use tax increment revenue—Authorization of
use by legislative authority.
Determination of amount of revenue.
Severability—2002 c 79.
35.100.010 Findings—Intent. (1) The legislature
finds:
(a) The continued economic vitality of downtown and
neighborhood commercial districts in our state’s cities is
essential to community preservation, social cohesion, and
economic growth;
(b) In recent years there has been a deterioration of
downtown and neighborhood commercial districts in both
rural and urban communities due to a shifting population
base, changes in the marketplace, and greater competition
from suburban shopping malls, discount centers, and through
the internet;
(c) This decline has eroded the ability of businesses and
property owners to renovate and enhance their commercial
and residential properties;
(d) In many areas of the state, downtown and neighborhood commercial areas are burdened further by deteriorating
buildings, vacant building that cannot be legally occupied,
and vacant brownfield infill sites which pose significant
health and safety problems to tenants and pedestrians, and
35.100.010
(2008 Ed.)
35.100.020
constitute a significant blight and detrimental impact on the
health, safety, and welfare of the community, as well as its
economic health;
(e) Business owners in these districts need to maintain
their local economies in order to provide goods and services
to adjacent residents, to provide employment opportunities,
to restore blighted properties, and to avoid disinvestment and
economic dislocations, and have developed downtown and
neighborhood commercial district revitalization programs to
address these problems; and
(f) It is in the best interest of the state of Washington to
stop the decay of community areas and to promote and facilitate the orderly redevelopment of these areas.
(2) It is the intent of the legislature to establish a program
to:
(a) Provide for the allocation of a portion of locally
imposed excise taxes to assist local governments in the
financing of needed health and safety improvements, public
improvements, and other public investments, to encourage
private development and to enhance and revitalize neighborhood business districts and downtown areas; and
(b) Provide technical assistance and training to local
governments, business organizations, downtown and neighborhood commercial district organizations, and business and
property owners to accomplish community and economic
revitalization and development of business districts. [2002 c
79 § 1.]
35.100.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Local retail sales and use tax" means the tax levied
by a city or town under RCW 82.14.030, excluding that portion which a county is entitled to receive under RCW
82.14.030.
(2) "Local retail sales and use tax increment revenue"
means that portion of the local retail sales and use tax collected in each year upon any retail sale or any use of an article
of tangible personal property within a downtown or neighborhood commercial district that is in excess of the amount of
local retail sales and use tax collected on sales or uses within
the downtown or neighborhood commercial district in the
year preceding.
(3) "Downtown or neighborhood commercial district"
means (a) an area or areas designated by the legislative
authority of a city or town with a population over one hundred thousand and that are typically limited to the pedestrian
core area or the central commercial district and compact business districts that serve specific neighborhoods within the
city or town; or (b) commercial areas designated as main
street areas by the office of trade and economic development.
(4) "Community revitalization project" means:
(a) Health and safety improvements authorized to be
publicly financed under chapter 35.80 or 35.81 RCW;
(b) Publicly owned or leased facilities within the jurisdiction of a local government which the sponsor has authority
to provide; and
(c) Expenditure for any of the following purposes:
(i) Providing environmental analysis, professional management, planning, and promotion within a downtown or
35.100.020
[Title 35 RCW—page 329]
35.100.030
Title 35 RCW: Cities and Towns
neighborhood commercial district including the management
and promotion of retail trade activities in the district;
(ii) Providing maintenance and security for common or
public areas in the downtown or neighborhood commercial
district;
(iii) Historic preservation activities authorized under
RCW 35.21.395; or
(iv) Project design and planning, land acquisition, site
preparation, construction, reconstruction, rehabilitation,
improvement, operation, and installation of a public facility;
the costs of financing, including interest during construction,
legal and other professional services, taxes, and insurance;
the costs of complying with this chapter and other applicable
law; and the administrative costs reasonably necessary and
related to these costs. [2002 c 79 § 2.]
35.100.030 Local retail sales and use tax increment
revenue—Applications. Local retail sales and use tax increment revenue, or any portion thereof, may be applied as follows:
(1) To pay downtown or neighborhood commercial district community revitalization costs;
(2) To pay into bond redemption funds established to pay
the principal and interest on general obligation or revenue
bonds issued to finance a downtown or neighborhood commercial district community revitalization project;
(3) In combination with any other public or private funds
available to the city or town for the purposes provided in this
section; or
(4) To pay any combination of costs under subsection
(1), (2), or (3) of this section. [2002 c 79 § 3.]
35.100.030
35.100.040 Local sales and use tax increment revenue—Authorization of use by legislative authority. (1)
The legislative authority of a city or town may authorize the
use of local sales and use tax increment revenue for any purpose authorized in this chapter within the boundaries of a
downtown or one or more neighborhood commercial districts.
(2) Prior to authorizing the use of local sales and use tax
increment revenue, the legislative authority must designate
the boundaries of each downtown or neighborhood commercial district.
(3) The legislative authority of a city or town may
choose to pool the local sales and use tax increment revenue
collected in the various downtown and neighborhood commercial districts within the city or town for the purposes
authorized in this chapter. [2002 c 79 § 4.]
35.100.040
35.100.050 Determination of amount of revenue. A
city or town shall determine at its own cost the amount of
local sales and use tax increment revenue that may be generated in the downtown and neighborhood commercial districts
it designates. The department of revenue may, at its discretion, provide advice or other assistance to cities and towns to
assist in determining local sales and use tax increment revenue. [2002 c 79 § 5.]
35.100.050
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2002 c 79 § 6.]
Chapter 35.101
Chapter 35.101 RCW
TOURISM PROMOTION AREAS
Sections
35.101.010
35.101.020
35.101.030
35.101.040
35.101.050
35.101.055
35.101.060
35.101.070
35.101.080
35.101.090
35.101.100
35.101.110
35.101.120
35.101.130
35.101.140
Definitions.
Establishment—Petition.
Resolution of intention to establish area—Hearing.
Limitations on area included—Interlocal agreements.
Lodging charge—Limitations.
Exemption—Temporary medical housing.
Notice of hearing.
Conduct of hearing—Termination of proceedings.
Establishment of area—Ordinance.
Administration, collection of lodging charge.
Local tourism promotion account created.
Charges are in addition to special assessments.
Charges are not a tax on sale of lodging.
Legislative authority has sole discretion concerning use for
tourism promotion—Contracts for operation of area.
Disestablishment of area—Hearing—Resolution.
35.101.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Area" means a tourism promotion area.
(2) "Legislative authority" means the legislative authority of any county with a population greater than forty thousand but less than one million, or of any city or town within
such a county, including unclassified cities or towns operating under special charters.
(3) "Lodging business" means a person that furnishes
lodging taxable by the state under chapter 82.08 RCW that
has forty or more lodging units.
(4) "Tourism promotion" means activities and expenditures designed to increase tourism and convention business,
including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting
and welcoming tourists, and operating tourism destination
marketing organizations. [2003 c 148 § 1.]
35.101.010
35.101.020 Establishment—Petition. For the purpose
of establishing a tourism promotion area, an initiation petition must be presented to the legislative authority having
jurisdiction of the area in which the proposed tourism promotion area is to be located. The initiation petition must include
the following:
(1) A description of the boundaries of the proposed area;
(2) The proposed uses and projects to which the proposed revenue from the charge shall be put and the total estimated costs;
(3) The estimated rate for the charge with a proposed
breakdown by class of lodging business if such classification
is to be used; and
(4) The signatures of the persons who operate lodging
businesses in the proposed area who would pay sixty percent
or more of the proposed charges. [2003 c 148 § 2.]
35.101.020
35.101.030 Resolution of intention to establish
area—Hearing. A legislative authority shall, after receiving
a valid initiation petition under RCW 35.101.020, adopt a
35.101.030
35.100.900 Severability—2002 c 79. If any provision
of this act or its application to any person or circumstance is
35.100.900
[Title 35 RCW—page 330]
(2008 Ed.)
Tourism Promotion Areas
resolution of intention to establish an area. The resolution
must state:
(1) The time and place of a hearing to be held by the legislative authority to consider the establishment of an area;
(2) A description of boundaries in the proposed area;
(3) The proposed area uses and projects to which the proposed revenues from the charge shall be dedicated and the
total estimated cost of projects; and
(4) The estimated rate or rates of the charge with a proposed breakdown of classifications as described in RCW
35.101.050. [2003 c 148 § 3.]
35.101.040 Limitations on area included—Interlocal
agreements. (1) Except as provided in subsection (2) of this
section, no legislative authority may establish a tourism promotion area that includes within the boundaries of the area:
(a) Any portion of an incorporated city or town, if the
legislative authority is that of the county; and
(b) Any portion of the county outside of an incorporated
city or town, if the legislative authority is that of the city or
town.
(2) By interlocal agreement adopted pursuant to chapter
39.34 RCW, a county, city, or town may establish a tourism
promotion area that includes within the boundaries of the
area portions of its own jurisdiction and another jurisdiction,
if the other jurisdiction is party to the agreement. [2003 c 148
§ 4.]
35.101.040
35.101.120
and receive evidence for or against the proposed action. The
legislative authority may continue the hearing from time to
time. Proceedings shall terminate if protest is made by the
lodging businesses in the area which would pay a majority of
the proposed charges. [2003 c 148 § 7.]
35.101.080 Establishment of area—Ordinance. Only
after an initiation petition has been presented to the legislative authority under RCW 35.101.020 and only after the legislative authority has conducted a hearing under RCW
35.101.030, may the legislative authority adopt an ordinance
to establish an area. If the legislative authority adopts an
ordinance to establish an area, the ordinance shall contain the
following information:
(1) The number, date, and title of the resolution of intention pursuant to which it was adopted;
(2) The time and place the hearing was held concerning
the formation of the area;
(3) The description of the boundaries of the area;
(4) The initial or additional rate of charges to be imposed
with a breakdown by classification, if such classification is
used;
(5) A statement that an area has been established; and
(6) The uses to which the charge revenue shall be put.
Uses shall conform to the uses declared in the initiation petition under RCW 35.101.020. [2003 c 148 § 8.]
35.101.080
35.101.090 Administration, collection of lodging
charge. (1) The charge authorized by this chapter shall be
administered by the department of revenue and shall be collected by lodging businesses from those persons who are taxable by the state under chapter 82.08 RCW. Chapter 82.32
RCW applies to the charge imposed under this chapter.
(2) At least seventy-five days prior to the effective date
of the resolution or ordinance imposing the charge, the legislative authority shall contract for the administration and collection by the department of revenue.
(3) The charges authorized by this chapter that are collected by the department of revenue shall be deposited by the
department in the local tourism promotion account created in
RCW 35.101.100. [2003 c 148 § 9.]
35.101.090
35.101.050 Lodging charge—Limitations. A legislative authority may impose a charge on the furnishing of lodging by a lodging business located in the area.
(1) There shall not be more than six classifications upon
which a charge can be imposed.
(2) Classifications can be based upon the number of
rooms, room revenue, or location within the area.
(3) Each classification may have its own rate, which
shall be expressed in terms of nights of stay.
(4) In no case may the rate under this section be in excess
of two dollars per night of stay. [2003 c 148 § 5.]
35.101.050
35.101.055 Exemption—Temporary medical housing. The lodging charge authorized in RCW 35.101.050 does
not apply to temporary medical housing exempt under RCW
82.08.997. [2008 c 137 § 6.]
35.101.055
Effective date—2008 c 137: See note following RCW 82.08.997.
35.101.060 Notice of hearing. Notice of a hearing held
under RCW 35.101.030 shall be given by:
(1) One publication of the resolution of intention in a
newspaper of general circulation in the city or county in
which the area is to be established; and
(2) Mailing a complete copy of the resolution of intention to each lodging business in the proposed area.
Publication and mailing shall be completed at least ten
days prior to the date and time of the hearing. [2003 c 148 §
6.]
35.101.060
35.101.100 Local tourism promotion account created. The local tourism promotion account is created in the
custody of the state treasurer. All receipts from the charges
for tourism promotion must be deposited into this account.
Expenditures from the account may only be used for tourism
promotion. The state treasurer shall distribute the money in
the account on a monthly basis to the legislative authority on
whose behalf the money was collected. [2003 c 148 § 10.]
35.101.100
35.101.110 Charges are in addition to special assessments. The charges imposed under this chapter are in addition to the special assessments that may be levied under chapter 35.87A RCW. [2003 c 148 § 11.]
35.101.110
35.101.120 Charges are not a tax on sale of lodging.
The charges imposed under this chapter are not a tax on the
"sale of lodging" for the purposes of RCW 82.14.410. [2003
c 148 § 12.]
35.101.120
35.101.070 Conduct of hearing—Termination of proceedings. Whenever a hearing is held under RCW
35.101.030, the legislative authority shall hear all protests
35.101.070
(2008 Ed.)
[Title 35 RCW—page 331]
35.101.130
Title 35 RCW: Cities and Towns
35.101.130 Legislative authority has sole discretion
concerning use for tourism promotion—Contracts for
operation of area. (1) The legislative authority imposing the
charge shall have sole discretion as to how the revenue
derived from the charge is to be used to promote tourism.
However, the legislative authority may appoint existing advisory boards or commissions to make recommendations as to
its use, or the legislative authority may create a new advisory
board or commission for the [that] purpose.
(2) The legislative authority may contract with tourism
destination marketing organizations or other similar organizations to administer the operation of the area, so long as the
administration complies with all applicable provisions of
law, including this chapter, and with all county, city, or town
resolutions and ordinances, and with all regulations lawfully
imposed by the state auditor or other state agencies. [2003 c
148 § 13.]
35.101.130
35.101.140 Disestablishment of area—Hearing—
Resolution. The legislative authority may disestablish an
area by ordinance after a hearing before the legislative
authority. The legislative authority shall adopt a resolution of
intention to disestablish the area at least fifteen days prior to
the hearing required by this section. The resolution shall
give the time and place of the hearing. [2003 c 148 § 14.]
35.101.140
Chapter 35.102 RCW
MUNICIPAL BUSINESS AND OCCUPATION TAX
Chapter 35.102
Sections
35.102.010
35.102.020
35.102.030
35.102.040
35.102.050
35.102.060
35.102.070
35.102.080
35.102.090
35.102.100
35.102.110
35.102.120
35.102.130
35.102.1301
35.102.140
35.102.150
35.102.160
35.102.900
Findings—Intent.
Limited scope—Utility businesses.
Definitions.
Model ordinance—Mandatory provisions.
Nexus required.
Multiple taxation—Credit system.
Reporting frequency.
Computation of interest.
Penalties.
Claim period.
Refund period.
Definitions—Tax classifications.
Allocation and apportionment of income.
Municipal business and occupation tax—Study of potential
net fiscal impacts.
Municipal business and occupation tax—Implementation by
cities—Contingent authority.
Allocation of income—Printing and publishing activities.
Professional employer organizations—Tax deduction.
Captions not law—2003 c 79.
35.102.010 Findings—Intent. The legislature finds
that businesses in Washington are concerned about the potential for multiple taxation that arises due to the various city
business and occupation taxes and are concerned about the
lack of uniformity among city jurisdictions. The current system has a negative impact on Washington’s business climate.
The legislature further finds that local business and occupation tax revenue provides a sizable portion of city revenue
that is used for essential services. The legislature recognizes
that local government services contribute to a healthy business climate.
The legislature intends to provide for a more uniform
system of city business and occupation taxes that eliminates
multiple taxation, while allowing for some continued local
control and flexibility to cities. [2003 c 79 § 1.]
35.102.010
[Title 35 RCW—page 332]
35.102.020 Limited scope—Utility businesses. Chapter 79, Laws of 2003 does not apply to taxes on any service
that historically or traditionally has been taxed as a utility
business for municipal tax purposes, such as:
(1) A light and power business or a natural gas distribution business, as defined in RCW 82.16.010;
(2) A telephone business, as defined in RCW 82.16.010;
(3) Cable television services;
(4) Sewer or water services;
(5) Drainage services;
(6) Solid waste services; or
(7) Steam services. [2007 c 6 § 1021; 2003 c 79 § 2.]
35.102.020
Part headings not law—Savings—Effective date—Severability—
2007 c 6: See notes following RCW 82.32.020.
Findings—Intent—2007 c 6: See note following RCW 82.14.495.
35.102.030 Definitions. The definitions in this section
apply throughout chapter 79, Laws of 2003, unless the context clearly requires otherwise.
(1) "Business" has the same meaning as given in chapter
82.04 RCW.
(2) "City" means a city, town, or code city.
(3) "Business and occupation tax" or "gross receipts tax"
means a tax imposed on or measured by the value of products, the gross income of the business, or the gross proceeds
of sales, as the case may be, and that is the legal liability of
the business.
(4) "Value of products" has the same meaning as given in
chapter 82.04 RCW.
(5) "Gross income of the business" has the same meaning as given in chapter 82.04 RCW.
(6) "Gross proceeds of sales" has the same meaning as
given in chapter 82.04 RCW. [2003 c 79 § 3.]
35.102.030
35.102.040 Model ordinance—Mandatory provisions. (1)(a) The cities, working through the association of
Washington cities, shall form a model ordinance development committee made up of a representative sampling of cities that as of July 27, 2003, impose a business and occupation
tax. This committee shall work through the association of
Washington cities to adopt a model ordinance on municipal
gross receipts business and occupation tax. The model ordinance and subsequent amendments shall be adopted using a
process that includes opportunity for substantial input from
business stakeholders and other members of the public. Input
shall be solicited from statewide business associations and
from local chambers of commerce and downtown business
associations in cities that levy a business and occupation tax.
(b) The municipal research council shall contract to post
the model ordinance on an internet web site and to make
paper copies available for inspection upon request. The
department of revenue and the department of licensing shall
post copies of or links to the model ordinance on their internet web sites. Additionally, a city that imposes a business
and occupation tax must make copies of its ordinance available for inspection and copying as provided in chapter 42.56
RCW.
(c) The definitions and tax classifications in the model
ordinance may not be amended more frequently than once
every four years, however the model ordinance may be
amended at any time to comply with changes in state law.
35.102.040
(2008 Ed.)
Municipal Business and Occupation Tax
Any amendment to a mandatory provision of the model ordinance must be adopted with the same effective date by all cities.
(2) A city that imposes a business and occupation tax
must adopt the mandatory provisions of the model ordinance.
The following provisions are mandatory:
(a) A system of credits that meets the requirements of
RCW 35.102.060 and a form for such use;
(b) A uniform, minimum small business tax threshold of
at least the equivalent of twenty thousand dollars in gross
income annually. A city may elect to deviate from this
requirement by creating a higher threshold or exemption but
it shall not deviate lower than the level required in this subsection. If a city has a small business threshold or exemption
in excess of that provided in this subsection as of January 1,
2003, and chooses to deviate below the threshold or exemption level that was in place as of January 1, 2003, the city
must notify all businesses licensed to do business within the
city at least one hundred twenty days prior to the potential
implementation of a lower threshold or exemption amount;
(c) Tax reporting frequencies that meet the requirements
of RCW 35.102.070;
(d) Penalty and interest provisions that meet the requirements of RCW 35.102.080 and 35.102.090;
(e) Claim periods that meet the requirements of RCW
35.102.100;
(f) Refund provisions that meet the requirements of
RCW 35.102.110; and
(g) Definitions, which at a minimum, must include the
definitions enumerated in RCW 35.102.030 and 35.102.120.
The definitions in chapter 82.04 RCW shall be used as the
baseline for all definitions in the model ordinance, and any
deviation in the model ordinance from these definitions must
be described by a comment in the model ordinance.
(3) Except for the deduction required by RCW
35.102.160 and the system of credits developed to address
multiple taxation under subsection (2)(a) of this section, a
city may adopt its own provisions for tax exemptions, tax
credits, and tax deductions.
(4) Any city that adopts an ordinance that deviates from
the nonmandatory provisions of the model ordinance shall
make a description of such differences available to the public,
in written and electronic form. [2006 c 301 § 7; 2005 c 274 §
266; 2003 c 79 § 4.]
Effective date—Act does not affect application of Title 50 or 51
RCW—2006 c 301: See notes following RCW 82.32.710.
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
35.102.050 Nexus required. A city may not impose a
business and occupation tax on a person unless that person
has nexus with the city. For the purposes of this section, the
term "nexus" means business activities conducted by a person sufficient to subject that person to the taxing jurisdiction
of a city under the standards established for interstate commerce under the commerce clause of the United States Constitution. Mere registration under or compliance with the
streamlined sales and use tax agreement does not constitute
nexus for the purposes of this section. [2008 c 129 § 4; 2003
c 79 § 5.]
35.102.050
(2008 Ed.)
35.102.080
35.102.060 Multiple taxation—Credit system. (1) A
city that imposes a business and occupation tax shall provide
for a system of credits to avoid multiple taxation as follows:
(a) Persons who engage in business activities that are
within the purview of more than one classification of the tax
shall be taxable under each applicable classification.
(b) Notwithstanding anything to the contrary in this section, if imposition of the tax would place an undue burden
upon interstate commerce or violate constitutional requirements, a taxpayer shall be allowed a credit only to the extent
necessary to preserve the validity of the tax.
(c) Persons taxable under the retailing or wholesaling
classification with respect to selling products in a city shall be
allowed a credit against those taxes for any eligible gross
receipts taxes paid by the person (i) with respect to the manufacturing of the products sold in the city, and (ii) with
respect to the extracting of the products, or the ingredients
used in the products, sold in the city. The amount of the
credit shall not exceed the tax liability arising with respect to
the sale of those products.
(d) Persons taxable under the manufacturing classification with respect to manufacturing products in a city shall be
allowed a credit against that tax for any eligible gross receipts
tax paid by the person with respect to extracting the ingredients of the products manufactured in the city and with respect
to manufacturing the products other than in the city. The
amount of the credit shall not exceed the tax liability arising
with respect to the manufacturing of those products.
(e) Persons taxable under the retailing or wholesaling
classification with respect to selling products in a city shall be
allowed a credit against those taxes for any eligible gross
receipts taxes paid by the person with respect to the printing,
or the printing and publishing, of the products sold within the
city. The amount of the credit shall not exceed the tax liability arising with respect to the sale of those products.
(2) The model ordinance shall be drafted to address the
issue of multiple taxation for those tax classifications that are
in addition to those enumerated in subsection (1)(c) through
(e) of this section. The objective of any such provisions shall
be to eliminate multiple taxation of the same income by two
or more cities. [2003 c 79 § 6.]
35.102.060
35.102.070 Reporting frequency. A city that imposes
a business and occupation tax shall allow reporting and payment of tax on a monthly, quarterly, or annual basis. The frequency for any particular person may be assigned at the discretion of the city, except that monthly reporting may be
assigned only if it can be demonstrated that the taxpayer is
remitting excise tax to the state on a monthly basis. For persons assigned a monthly frequency, payment is due within
the same time period provided for monthly taxpayers under
RCW 82.32.045. For persons assigned a quarterly or annual
frequency, payment is due within the same time period as
provided for quarterly or annual frequency under RCW
82.32.045. [2003 c 79 § 7.]
35.102.070
35.102.080 Computation of interest. (1) A city that
imposes a business and occupation tax shall compute interest
charged a taxpayer on an underpaid tax or penalty in accordance with RCW 82.32.050.
35.102.080
[Title 35 RCW—page 333]
35.102.090
Title 35 RCW: Cities and Towns
(2) A city that imposes a business and occupation tax
shall compute interest paid on refunds or credits of amounts
paid or other recovery allowed a taxpayer in accordance with
RCW 82.32.060. [2003 c 79 § 8.]
35.102.090 Penalties. A city that imposes a business
and occupation tax shall provide for the imposition of penalties in accordance with chapter 82.32 RCW. [2003 c 79 § 9.]
35.102.090
35.102.100 Claim period. The provisions relating to
the time period allowed for an assessment or correction of an
assessment for additional taxes, penalties, or interest shall be
in accordance with chapter 82.32 RCW. [2003 c 79 § 10.]
35.102.100
35.102.110 Refund period. The provisions relating to
the time period allowed for a refund of taxes paid shall be in
accordance with chapter 82.32 RCW. [2003 c 79 § 11.]
35.102.110
35.102.120 Definitions—Tax classifications. (1) In
addition to the definitions in RCW 35.102.030, the following
terms and phrases must be defined in the model ordinance
under RCW 35.102.040, and such definitions shall include
any specific requirements as noted in this subsection:
(a) Eligible gross receipts tax.
(b) Extracting.
(c) Manufacturing. Software development may not be
defined as a manufacturing activity.
(d) Retailing.
(e) Retail sale.
(f) Services. The term "services" excludes retail or
wholesale services.
(g) Wholesale sale.
(h) Wholesaling.
(i) To manufacture.
(j) Commercial and industrial use.
(k) Engaging in business.
(l) Person.
(2) Any tax classifications in addition to those enumerated in subsection (1) of this section that are included in the
model ordinance must be uniform among all cities. [2003 c
79 § 12.]
35.102.120
35.102.130 Allocation and apportionment of income.
A city that imposes a business and occupation tax shall provide for the allocation and apportionment of a person’s gross
income, other than persons subject to the provisions of chapter 82.14A RCW, as follows:
(1) Gross income derived from all activities other than
those taxed as service or royalties shall be allocated to the
location where the activity takes place.
(a) In the case of sales of tangible personal property, the
activity takes place where delivery to the buyer occurs.
(b) If a business activity allocated under this subsection
(1) takes place in more than one city and all cities impose a
gross receipts tax, a credit shall be allowed as provided in
RCW 35.102.060; if not all of the cities impose a gross
receipts tax, the affected cities shall allow another credit or
allocation system as they and the taxpayer agree.
35.102.130
[Title 35 RCW—page 334]
(2) Gross income derived as royalties from the granting
of intangible rights shall be allocated to the commercial
domicile of the taxpayer.
(3) Gross income derived from activities taxed as services shall be apportioned to a city by multiplying apportionable income by a fraction, the numerator of which is the payroll factor plus the service-income factor and the denominator of which is two.
(a) The payroll factor is a fraction, the numerator of
which is the total amount paid in the city during the tax period
by the taxpayer for compensation and the denominator of
which is the total compensation paid everywhere during the
tax period. Compensation is paid in the city if:
(i) The individual is primarily assigned within the city;
(ii) The individual is not primarily assigned to any place
of business for the tax period and the employee performs fifty
percent or more of his or her service for the tax period in the
city; or
(iii) The individual is not primarily assigned to any place
of business for the tax period, the individual does not perform
fifty percent or more of his or her service in any city[,] and
the employee resides in the city.
(b) The service income factor is a fraction, the numerator
of which is the total service income of the taxpayer in the city
during the tax period, and the denominator of which is the
total service income of the taxpayer everywhere during the
tax period. Service income is in the city if:
(i) The customer location is in the city; or
(ii) The income-producing activity is performed in more
than one location and a greater proportion of the serviceincome-producing activity is performed in the city than in
any other location, based on costs of performance, and the
taxpayer is not taxable at the customer location; or
(iii) The service-income-producing activity is performed
within the city, and the taxpayer is not taxable in the customer
location.
(c) If the allocation and apportionment provisions of this
subsection do not fairly represent the extent of the taxpayer’s
business activity in the city or cities in which the taxpayer
does business, the taxpayer may petition for or the tax administrators may jointly require, in respect to all or any part of the
taxpayer’s business activity, that one of the following methods be used jointly by the cities to allocate or apportion gross
income, if reasonable:
(i) Separate accounting;
(ii) The use of a single factor;
(iii) The inclusion of one or more additional factors that
will fairly represent the taxpayer’s business activity in the
city; or
(iv) The employment of any other method to effectuate
an equitable allocation and apportionment of the taxpayer’s
income.
(4) The definitions in this subsection apply throughout
this section.
(a) "Apportionable income" means the gross income of
the business taxable under the service classifications of a
city’s gross receipts tax, including income received from
activities outside the city if the income would be taxable
under the service classification if received from activities
within the city, less any exemptions or deductions available.
(2008 Ed.)
Fire Departments—Performance Measures
(b) "Compensation" means wages, salaries, commissions, and any other form of remuneration paid to individuals
for personal services that are or would be included in the individual’s gross income under the federal internal revenue
code.
(c) "Individual" means any individual who, under the
usual common law rules applicable in determining the
employer-employee relationship, has the status of an
employee of that taxpayer.
(d) "Customer location" means the city or unincorporated area of a county where the majority of the contacts
between the taxpayer and the customer take place.
(e) "Primarily assigned" means the business location of
the taxpayer where the individual performs his or her duties.
(f) "Service-taxable income" or "service income" means
gross income of the business subject to tax under either the
service or royalty classification.
(g) "Tax period" means the calendar year during which
tax liability is accrued. If taxes are reported by a taxpayer on
a basis more frequent than once per year, taxpayers shall calculate the factors for the previous calendar year for reporting
in the current calendar year and correct the reporting for the
previous year when the factors are calculated for that year,
but not later than the end of the first quarter of the following
year.
(h) "Taxable in the customer location" means either that
a taxpayer is subject to a gross receipts tax in the customer
location for the privilege of doing business, or that the government where the customer is located has the authority to
subject the taxpayer to gross receipts tax regardless of
whether, in fact, the government does so. [2003 c 79 § 13.]
Effective date—2003 c 79 § 13: "Section 13 of this act takes effect January 1, 2008." [2003 c 79 § 19.]
35.102.1301 Municipal business and occupation
tax—Study of potential net fiscal impacts. (1) The department of revenue shall conduct a study of the net fiscal
impacts of chapter 79, Laws of 2003, with particular emphasis on the revenue impacts of the apportionment and allocation method contained in RCW 35.102.130 and any revenue
impact resulting from the increased uniformity and consistency provided through the model ordinance. In conducting
the study, the department shall use, and regularly consult
with, a committee composed of an equal representation from
interested business representatives and from a representative
sampling of cities imposing business and occupation taxes.
The department shall report the final results of the study to
the governor and the fiscal committees of the legislature by
November 30, 2005. In addition, the department shall provide progress reports to the governor and the fiscal committees of the legislature on November 30, 2003, and November
30, 2004. As part of its report, the department shall examine
and recommend options to address any adverse revenue
impacts to local jurisdictions.
(2) For the purposes of this section, "net fiscal impacts"
means accounting for the potential of both positive and negative fiscal impacts on local jurisdictions that may result from
chapter 79, Laws of 2003.
(3) It is the intent of the legislature through this study to
provide accurate fiscal impact analysis and recommended
options to alleviate revenue impacts from chapter 79, Laws of
35.102.1301
(2008 Ed.)
35.103.010
2003 so as to allow local jurisdictions to anticipate and appropriately address any potential adverse revenue impacts from
chapter 79, Laws of 2003. [2003 c 79 § 15.]
35.102.140 Municipal business and occupation tax—
Implementation by cities—Contingent authority. Cities
imposing business and occupation taxes must comply with all
requirements of RCW 35.102.020 through 35.102.130 by
December 31, 2004. A city that has not complied with the
requirements of RCW 35.102.020 through 35.102.130 by
December 31, 2004, may not impose a tax that is imposed by
a city on the privilege of engaging in business activities. Cities imposing business and occupation taxes after December
31, 2004, must comply with RCW 35.102.020 through
35.102.130. [2003 c 79 § 14.]
35.102.140
35.102.150 Allocation of income—Printing and publishing activities. Notwithstanding RCW 35.102.130, a city
that imposes a business and occupation tax shall allocate a
person’s gross income from the activities of printing, and of
publishing newspapers, periodicals, or magazines, to the
principal place in this state from which the taxpayer’s business is directed or managed. As used in this section, the
activities of printing, and of publishing newspapers, periodicals, or magazines, have the same meanings as attributed to
those terms in RCW 82.04.280(1) by the department of revenue. [2006 c 272 § 1.]
35.102.150
Effective date—2006 c 272: "This act takes effect January 1, 2008."
[2006 c 272 § 2.]
35.102.160 Professional employer organizations—
Tax deduction. (1) A city that imposes its business and
occupation tax on professional employer services performed
by a professional employer organization, regardless of the tax
classification applicable to such services, shall provide a
deduction identical to the deduction in RCW 82.04.540(2).
(2) For the purposes of this section, "professional
employer organization" and "professional employer services"
have the same meanings as in RCW 82.04.540. [2006 c 301
§ 6.]
35.102.160
Effective date—Act does not affect application of Title 50 or 51
RCW—2006 c 301: See notes following RCW 82.32.710.
35.102.900 Captions not law—2003 c 79. Captions
used in this act are not any part of the law. [2003 c 79 § 17.]
35.102.900
Chapter 35.103
Chapter 35.103 RCW
FIRE DEPARTMENTS—
PERFORMANCE MEASURES
Sections
35.103.010
35.103.020
35.103.030
35.103.040
35.103.900
Intent.
Definitions.
Policy statement—Service delivery objectives.
Annual evaluations—Annual report.
Part headings not law—2005 c 376.
35.103.010 Intent. The legislature intends for city fire
departments to set standards for addressing the reporting and
accountability of substantially career fire departments, and to
specify performance measures applicable to response time
35.103.010
[Title 35 RCW—page 335]
35.103.020
Title 35 RCW: Cities and Towns
objectives for certain major services. The legislature
acknowledges the efforts of the international city/county
management association, the international association of fire
chiefs, and the national fire protection association for the
organization and deployment of resources for fire departments. The arrival of first responders with automatic external
defibrillator capability before the onset of brain death, and
the arrival of adequate fire suppression resources before
flash-over is a critical event during the mitigation of an emergency, and is in the public’s best interest. For these reasons,
this chapter contains performance measures, comparable to
that research, relating to the organization and deployment of
fire suppression operations, emergency medical operations,
and special operations by substantially career fire departments. This chapter does not, and is not intended to, in any
way modify or limit the authority of cities and towns to set
levels of service. [2005 c 376 § 101.]
35.103.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Advanced life support" means functional provision
of advanced airway management, including intubation,
advanced cardiac monitoring, manual defibrillation, establishment and maintenance of intravenous access, and drug
therapy.
(2) "Aircraft rescue and fire fighting" means the fire
fighting actions taken to rescue persons and to control or
extinguish fire involving or adjacent to aircraft on the ground.
(3) "Brain death" as defined by the American heart association means the irreversible death of brain cells that begins
four to six minutes after cardiac arrest.
(4) "City" means a first-class city or a second-class city
that provides fire protection services in a specified geographic area.
(5) "Fire department" means a city or town fire department responsible for fire fighting actions, emergency medical
services, and other special operations in a specified geographic area. The department must be a substantially career
fire department, and not a substantially volunteer fire department.
(6) "Fire suppression" means the activities involved in
controlling and extinguishing fires.
(7) "First responder" means provision of initial assessment and basic first-aid intervention, including cardiac pulmonary resuscitation and automatic external defibrillator
capability.
(8) "Flash-over" as defined by national institute of standards and technology means when all combustibles in a room
burst into flame and the fire spreads rapidly.
(9) "Marine rescue and fire fighting" means the fire
fighting actions taken to prevent, control, or extinguish fire
involved in or adjacent to a marine vessel and the rescue
actions for occupants using normal and emergency routes for
egress.
(10) "Response time" means the time immediately following the turnout time that begins when units are en route to
the emergency incident and ends when units arrive at the
scene.
(11) "Special operations" means those emergency incidents to which the fire department responds that require spe35.103.020
[Title 35 RCW—page 336]
cific and advanced training and specialized tools and equipment.
(12) "Town" means a town that provides fire protection
services, which may include fire fighting actions, emergency
medical services, and other special operations, in a specified
geographic area.
(13) "Turnout time" means the time beginning when
units receive notification of the emergency to the beginning
point of response time. [2005 c 376 § 102.]
35.103.030 Policy statement—Service delivery objectives. (1) Every city and town shall maintain a written statement or policy that establishes the following:
(a) The existence of a fire department;
(b) Services that the fire department is required to provide;
(c) The basic organizational structure of the fire department;
(d) The expected number of fire department employees;
and
(e) Functions that fire department employees are
expected to perform.
(2) Every city and town shall include service delivery
objectives in the written statement or policy required under
subsection (1) of this section. These objectives shall include
specific response time objectives for the following major service components, if appropriate:
(a) Fire suppression;
(b) Emergency medical services;
(c) Special operations;
(d) Aircraft rescue and fire fighting;
(e) Marine rescue and fire fighting; and
(f) Wild land fire fighting.
(3) Every city and town, in order to measure the ability to
arrive and begin mitigation operations before the critical
events of brain death or flash-over, shall establish time objectives for the following measurements:
(a) Turnout time;
(b) Response time for the arrival of the first arriving
engine company at a fire suppression incident and response
time for the deployment of a full first alarm assignment at a
fire suppression incident;
(c) Response time for the arrival of a unit with first
responder or higher level capability at an emergency medical
incident; and
(d) Response time for the arrival of an advanced life support unit at an emergency medical incident, where this service is provided by the fire department.
(4) Every city and town shall also establish a performance objective of not less than ninety percent for the
achievement of each response time objective established
under subsection (3) of this section. [2005 c 376 § 103.]
35.103.030
35.103.040 Annual evaluations—Annual report. (1)
Every city and town shall evaluate its level of service and
deployment delivery and response time objectives on an
annual basis. The evaluations shall be based on data relating
to level of service, deployment, and the achievement of each
response time objective in each geographic area within the
jurisdiction of the city or town.
35.103.040
(2008 Ed.)
Health Sciences and Services Authorities
(2) Beginning in 2007, every city and town shall issue an
annual written report which shall be based on the annual evaluations required by subsection (1) of this section.
(a) The annual report shall define the geographic areas
and circumstances in which the requirements of this standard
are not being met.
(b) The annual report shall explain the predictable consequences of any deficiencies and address the steps that are
necessary to achieve compliance. [2005 c 376 § 104.]
35.103.900 Part headings not law—2005 c 376. Part
headings used in this act are not any part of the law. [2005 c
376 § 501.]
35.103.900
Chapter 35.104 RCW
HEALTH SCIENCES AND SERVICES AUTHORITIES
Chapter 35.104
Sections
35.104.010
35.104.020
35.104.030
35.104.040
35.104.050
35.104.060
35.104.070
35.104.080
35.104.090
35.104.100
Purpose.
Definitions.
Creation.
Applications.
Governing board.
Powers and duties.
General indebtedness—General obligation bonds.
Limitation on bonds issued.
Liability.
Dissolution of sponsoring local government.
35.104.010 Purpose. The health sciences and services
program is created to promote bioscience-based economic
development and advance new therapies and procedures to
combat disease and promote public health. [2007 c 251 § 2.]
35.104.010
Captions not law—2007 c 251: "Captions used in this act are not any
part of the law." [2007 c 251 § 14.]
Severability—2007 c 251: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2007 c 251 § 15.]
35.104.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Authority" means a health sciences and services
authority created pursuant to this chapter.
(2) "Board" means the governing board of trustees of an
authority.
(3) "Director" means [the director of] the higher education coordinating board.
(4) "Health sciences and services" means biosciences
that advance new therapies and procedures to combat disease
and promote public health.
(5) "Local government" means a city, town, or county.
(6) "Sponsoring local government" means a city, town,
or county that creates a health sciences and services authority. [2007 c 251 § 1.]
35.104.020
Captions not law—Severability—2007 c 251: See notes following
RCW 35.104.010.
35.104.030 Creation. A local government must establish by ordinance or resolution an authority. At a minimum,
the ordinance must:
(1) Specify the powers to be exercised by the authority;
35.104.030
(2008 Ed.)
35.104.040
(2) Reserve the local government’s right to dissolve the
authority after its contractual responsibilities have expired;
(3) Establish an administrative board, including: (a) The
number of board members; (b) the times and terms of
appointment for each board position; (c) the amount of compensation, if any, to be paid to board members; (d) the procedures for removing board members and filing vacancies; and
(e) the qualifications for the appointment of individuals to the
board;
(4) Establish the authority’s boundaries, which must be
contiguous tracts of land;
(5) Ensure that private and public funds provided to the
authority will be segregated;
(6) Establish guidelines under which the authority may
invest its funds;
(7) Provide the requirements for auditing the records of
the authority; and
(8) Require the local government’s legal counsel to also
provide legal services to the authority. [2007 c 251 § 3.]
Captions not law—Severability—2007 c 251: See notes following
RCW 35.104.010.
35.104.040 Applications. (1) The higher education
coordinating board may approve applications submitted by
local governments for an area’s designation as a health sciences and services authority under this chapter. The director
shall determine the division to review applications submitted
by local governments under this chapter. The application for
designation shall be in the form and manner and contain such
information as the higher education coordinating board may
prescribe, provided the application shall:
(a) Contain sufficient information to enable the director
to determine the viability of the proposal;
(b) Demonstrate that an ordinance or resolution has been
passed by the legislative authority of a local government that
delineates the boundaries of an area that may be designated
an authority;
(c) Be submitted on behalf of the local government, or, if
that office does not exist, by the legislative body of the local
government;
(d) Demonstrate that the public funds directed to programs or facilities in the authority will leverage private sector
resources and contributions to activities to be performed;
(e) Provide a plan or plans for the development of the
authority as an entity to advance as a cluster for health sciences education, health sciences research, biotechnology
development, biotechnology product commercialization,
and/or health care services; and
(f) Demonstrate that the state has previously provided
funds to health sciences and services programs or facilities in
the applicant city, town, or county.
(2) The director shall determine the division to develop
criteria to evaluate the application. The criteria shall include:
(a) The presence of infrastructure capable of spurring
development of the area as a center of health sciences and
services;
(b) The presence of higher education facilities where
undergraduate or graduate coursework or research is conducted; and
(c) The presence of facilities in which health services are
provided.
35.104.040
[Title 35 RCW—page 337]
35.104.050
Title 35 RCW: Cities and Towns
(3) There shall be no more than one authority statewide.
(4) An authority may only be created in a county with a
population of less than one million persons.
(5) The director may reject or approve an application.
When denying an application, the director must specify the
application’s deficiencies. The decision regarding such designation as it relates to a specific local government is final;
however, a rejected application may be resubmitted.
(6) Applications are due by December 31, 2007, and
must be processed within sixty days of submission.
(7) The director may, at his or her discretion, amend the
boundaries of an authority upon the request of the local government.
(8) The higher education coordinating board may adopt
any rules necessary to implement chapter 251, Laws of 2007
within one hundred twenty days of July 22, 2007.
(9) The higher education coordinating board must
develop evaluation and performance measures in order to
evaluate the effectiveness of the programs in the authorities
that are funded with public resources. A report to the legislature shall be due on a biennial basis beginning December 1,
2009. In addition, the higher education coordinating board
shall develop evaluation criteria that enables the local governments to measure the effectiveness of the program. [2007
c 251 § 4.]
Captions not law—Severability—2007 c 251: See notes following
RCW 35.104.010.
35.104.050 Governing board. (1) An authority shall be
overseen by a board with not more than fourteen members.
The authority board shall select the chair. Board members
must have some experience with the mission of the authority.
The board members shall be appointed as follows:
(a) The governor shall appoint three members;
(b) The county legislative authority in which the authority resides shall appoint three members;
(c) The mayor of the city in which the authority is created, or the mayor of the largest city within the authority if
created by a county, shall appoint three members; and
(d) Up to five additional members may be appointed by
the board.
(2) A simple majority of the board members shall constitute a quorum.
(3) The board shall annually elect a secretary and any
other officers it deems necessary.
(4) The local government shall designate an individual
with financial experience to serve as treasurer. The individual may be a city or county treasurer, city or county auditor,
or a private party. If the treasurer is a private party, the local
government shall require a bond in an amount and under such
terms and conditions as the local government deems necessary to protect the authority. The treasurer shall have the
power to create and maintain funds, issue warrants, and
invest funds in its possession.
(5) The board may adopt bylaws or rules for their own
governance.
(6) Meetings of the board shall be held in accordance
with the open public meetings act, chapter 42.30 RCW, and
at the call of the chair or when a majority of the board so
requests. Meetings of the board may be held at any location
and board members may participate in a meeting of the board
35.104.050
[Title 35 RCW—page 338]
by means of a conference telephone or similar communication equipment under RCW 23B.08.200. [2007 c 251 § 5.]
Captions not law—Severability—2007 c 251: See notes following
RCW 35.104.010.
35.104.060 Powers and duties. (1) The authority has
all the general powers necessary to carry out its purposes and
duties and to exercise its specific powers, including the
authority may:
(a) Sue and be sued in its own name;
(b) Make and execute agreements, contracts, and other
instruments, with any public or private entity or person, in
accordance with this chapter;
(c) Employ, contract with, or engage independent counsel, financial advisors, auditors, other technical or professional assistants, and such other personnel as are necessary or
desirable to implement this chapter;
(d) Establish such special funds, and control deposits to
and disbursements from them, as it finds convenient for the
implementation of this chapter;
(e) Enter into contracts with public and private entities
for research to be conducted in this state;
(f) Delegate any of its powers and duties if consistent
with the purposes of this chapter;
(g) Exercise any other power reasonably required to
implement the purposes of this chapter; and
(h) Hire staff and pay administrative costs; however,
such expenses shall be paid from moneys provided by the
sponsoring local government and moneys received from
gifts, grants, and bequests and the interest earned on the
authority’s accounts and investments.
(2) In addition to other powers and duties prescribed in
this chapter, the authority is empowered to:
(a) Use the authority’s public moneys, leveraging those
moneys with amounts received from other public and private
sources in accordance with contribution agreements, to promote bioscience-based economic development, and to
advance new therapies and procedures to combat disease and
promote public health;
(b) Solicit and receive gifts, grants, and bequests, and
enter into contribution agreements with private entities and
public entities to receive moneys in consideration of the
authority’s promise to leverage those moneys with the revenue generated by the tax authorized under RCW 82.14.480
and contributions from other public entities and private entities, in order to use those moneys to promote biosciencebased economic development and advance new therapies and
procedures to combat disease and promote public health;
(c) Hold funds received by the authority in trust for their
use pursuant to this chapter to promote bioscience-based economic development and advance new therapies and procedures to combat disease and promote public health;
(d) Manage its funds, obligations, and investments as
necessary and consistent with its purpose, including the segregation of revenues into separate funds and accounts;
(e) Make grants to entities pursuant to contract to promote bioscience-based economic development and advance
new therapies and procedures to combat disease and promote
public health. Grant agreements shall specify the deliverables to be provided by the recipient pursuant to the grant.
Grants to private entities may only be provided under a con35.104.060
(2008 Ed.)
Urban Forest Management
35.105.010
tractual agreement that ensures the state will receive appropriate consideration, such as an assurance of job creation or
retention, or the delivery of services that provide for the public health, safety, and welfare. The authority shall solicit
requests for funding and evaluate the requests by reference to
factors such as: (i) The quality of the proposed research; (ii)
its potential to improve health outcomes, with particular
attention to the likelihood that it will also lower health care
costs, substitute for a more costly diagnostic or treatment
modality, or offer a breakthrough treatment for a particular
disease or condition; (iii) its potential to leverage additional
funding; (iv) its potential to provide health care benefits; (v)
its potential to stimulate employment; and (vi) evidence of
public and private collaboration;
(f) Create one or more advisory boards composed of scientists, industrialists, and others familiar with health sciences
and services; and
(g) Adopt policies and procedures to facilitate the
orderly process of grant application, review, and reward.
(3) The records of the authority shall be subject to audit
by the office of the state auditor. [2007 c 251 § 6.]
(2) The state, the local government that created the
authority, and the authority shall not be liable for any loss,
damage, harm, or other consequences resulting directly or
indirectly from grants provided by the authority or from programs, services, research, or other activities funded with such
grants. [2007 c 251 § 9.]
Captions not law—Severability—2007 c 251: See notes following
RCW 35.104.010.
35.105.010
35.105.020
35.105.030
35.105.040
35.105.050
35.104.070 General indebtedness—General obligation bonds. (1) A local government that creates a health sciences and services authority may incur general indebtedness,
and issue general obligation bonds, to finance the grants and
other programs and retire the indebtedness in whole or in part
from the funds distributed pursuant to RCW 82.14.480 and
subject to the following requirements:
(a) The ordinance adopted by the local government creating the authority and authorizing the use of the excise tax in
RCW 82.14.480 indicates an intent to incur this indebtedness
and the maximum amount of this indebtedness that is contemplated; and
(b) The local government includes this statement of the
intent in all notices.
(2) The general indebtedness incurred under this section
may be payable from other tax revenues, the full faith and
credit of the sponsoring local government, and nontax
income, revenues, fees, and rents from the public improvements, as well as contributions, grants, and nontax money
available to the local government for payment of costs of the
grants and other programs or associated debt service on the
general indebtedness. [2007 c 251 § 7.]
35.104.070
Captions not law—Severability—2007 c 251: See notes following
RCW 35.104.010.
35.104.080 Limitation on bonds issued. The bonds
issued by a local government under RCW 35.104.070 shall
not constitute an obligation of the state of Washington, either
general or special. [2007 c 251 § 8.]
35.104.080
Captions not law—Severability—2007 c 251: See notes following
RCW 35.104.010.
35.104.090 Liability. (1) Members of the board, as well
as other persons acting on behalf of the authority, while acting within the scope of their employment or agency, shall not
be subject to personal liability resulting from their official
duties conferred on them under this chapter.
35.104.090
(2008 Ed.)
Captions not law—Severability—2007 c 251: See notes following
RCW 35.104.010.
35.104.100 Dissolution of sponsoring local government. The board may petition the sponsoring local government to be dissolved upon a showing that it has no reason to
exist and that any assets it retains must be returned to the state
treasurer. [2007 c 251 § 10.]
35.104.100
Captions not law—Severability—2007 c 251: See notes following
RCW 35.104.010.
Chapter 35.105
Chapter 35.105 RCW
URBAN FOREST MANAGEMENT
Sections
35.105.060
35.105.070
35.105.080
35.105.090
35.105.100
35.105.110
35.105.120
Definitions.
Coordination with department of natural resources.
Evergreen community recognition program.
Evergreen community grant and competitive awards program.
Development of model evergreen community management
plans and ordinances.
Report to the legislature.
Model evergreen community management plans—Elements to
consider.
Model evergreen community ordinances—Elements to consider.
Evergreen community management plans and ordinances—
Local jurisdictions may adopt.
Submission and review of management plans and evergreen
community ordinances.
Evergreen communities partnership task force.
Limitations of chapter.
35.105.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Community and urban forest assessment" means an
analysis of the community and urban forest inventory to:
Establish the scope and scale of forest-related benefits and
services; determine the economic valuation of such benefits,
highlight trends, and issues of concern; identify high priority
areas to be addressed; outline strategies for addressing the
critical issues and urban landscapes; and identify opportunities for retaining trees, expanding forest canopy, and planting
additional trees to sustain Washington’s urban and community forests.
(2) "Community and urban forest inventory" means a
management tool designed to gauge the condition, management status, health, and diversity of a community and urban
forest. An inventory may evaluate individual trees or groups
of trees or canopy cover within community and urban forests,
and will be periodically updated by the department of natural
resources.
(3) "Department" means the department of community,
trade, and economic development.
(4) "Evergreen community ordinances" means ordinances adopted by the legislative body of a city, town, or
county that relate to urban forests and are consistent with this
chapter.
35.105.010
[Title 35 RCW—page 339]
35.105.020
Title 35 RCW: Cities and Towns
(5) "Evergreen community" means a city, town, or
county designated as such under RCW 35.105.030.
(6) "Management plan" means an evergreen community
urban forest management plan developed pursuant to this
chapter.
(7) "Public facilities" has the same meaning as defined in
RCW 36.70A.030.
(8) "Public forest" means urban forests owned by the
state, city, town, county, or other public entity within or adjacent to the urban growth areas.
(9) "Reforestation" means establishing and maintaining
trees and urban forest canopy in plantable spaces such as
street rights-of-way, transportation corridors, interchanges
and highways, riparian areas, unstable slopes, shorelines,
public lands, and property of willing private landowners.
(10) "Tree canopy" means the layer of leaves, branches,
and stems of trees that cover the ground when viewed from
above and that can be measured as a percentage of a land area
shaded by trees.
(11) "Urban forest" has the same definition as provided
for the term "community and urban forest" in RCW
76.15.010. [2008 c 299 § 2.]
Short title—2008 c 299: "This act may be known and cited as the evergreen communities act." [2008 c 299 § 37.]
35.105.020 Coordination with department of natural
resources. The department shall, in the implementation of
this chapter, coordinate with the department of natural
resources. Additionally, in the development of the model
evergreen community urban forest management plans and
ordinances required by RCW 35.105.050, the department
shall utilize the technical expertise of the department of natural resources regarding arboriculture, tree selection, and
maintenance. [2008 c 299 § 6.]
35.105.020
Short title—2008 c 299: See note following RCW 35.105.010.
35.105.030 Evergreen community recognition program. (1) The department, with the advice of the evergreen
communities partnership task force created in RCW
35.105.110, shall develop the criteria for an evergreen community recognition program whereby the state can recognize
cities, towns, and counties, to be designated as an evergreen
community, who are developing excellent urban forest management programs that include community and urban forestry inventories, assessments, plans, ordinances, maintenance programs, partnerships, and community involvement.
(2)(a) Designation as an evergreen community must
include no fewer than two graduated steps.
(b) The first graduated step of designation as an evergreen community includes satisfaction of the following
requirements:
(i) The development and implementation of a tree board
or tree department;
(ii) The development of a tree care ordinance;
(iii) The implementation of a community forestry program with an annual budget of at least two dollars for every
city resident;
(iv) Official recognition of arbor day; and
(v) The completion of an updated community and urban
forest inventory for the city, town, or county or the formal
adoption of an inventory developed for the city, town, or
35.105.030
[Title 35 RCW—page 340]
county by the department of natural resources pursuant to
RCW 76.15.070.
(c) The second graduated step of designation as an evergreen community includes the adoption of evergreen community management plans and ordinances that exceed the minimum standards in the model evergreen community management plans and ordinances adopted by the department under
RCW 35.105.050.
(d) The department may require additional graduated
steps and establish the minimum requirements for each recognized step.
(3) The department shall develop gateway signage and
logos for an evergreen community.
(4) The department shall, unless the duty is assumed by
the governor, recognize, certify, and designate cities, towns,
and counties satisfying the criteria developed under this section as an evergreen community.
(5) Applications for evergreen community status must be
submitted to and evaluated by the department of natural
resources. [2008 c 299 § 7.]
Short title—2008 c 299: See note following RCW 35.105.010.
35.105.040
35.105.040 Evergreen community grant and competitive awards program. (1) The department shall, subject to
the availability of amounts appropriated for this specific purpose, coordinate with the department of natural resources in
the development and implementation of a needs-based evergreen community grant and competitive awards program to
provide financial assistance to cities, towns, and counties for
the development, adoption, or implementation of evergreen
community management plans or ordinances developed
under RCW 35.105.090.
(2) The grant program authorized in this section shall
address both the goals of rewarding innovation by a successful evergreen community and of providing resources and
assistance to the applicants with the greatest financial need.
(3) The department may only provide grants to cities,
towns, or counties under this chapter that:
(a) Are recognized as an evergreen community consistent with RCW 35.105.030, or are applying for funds that
would aid them in their pursuit of evergreen community recognition; and
(b) Have developed, or are developing urban forest management partnerships with local not-for-profit organizations.
[2008 c 299 § 9.]
Short title—2008 c 299: See note following RCW 35.105.010.
35.105.050 Development of model evergreen community management plans and ordinances. (1) To the extent
that funds are appropriated for this specific purpose, the
department shall develop model evergreen community management plans and ordinances pursuant to RCW 35.105.070
and 35.105.080 with measurable goals and timelines to guide
plan and ordinance adoption or development consistent with
RCW 35.105.090.
(2) Model plans and ordinances developed under this
section must:
(a) Recognize ecoregional differences in the state;
35.105.050
(2008 Ed.)
Urban Forest Management
(b) Provide flexibility for the diversity of urban character
and relative differences in density and zoning found in Washington’s cities, towns, and counties;
(c) Provide an urban forest landowner inventorying his
or her own property with the ability to access existing inventories, technology, and other technical assistance available
through the department of natural resources;
(d) Recognize and provide for vegetation management
practices and programs that prevent vegetation from interfering with or damaging utilities, public facilities, and solar panels or buildings specifically designed to optimize passive
solar energy; and
(e) Provide for vegetation management practices and
programs that reflect and are consistent with the priorities
and goals of the growth management act, chapter 36.70A
RCW.
(3) All model plans and ordinances developed by the
department must be developed in conjunction with the evergreen communities partnership task force created in RCW
35.105.110.
(4) After the development of model evergreen community plans and ordinances under this section, the department
shall, in conjunction with the department of natural
resources, distribute and provide outreach regarding the
model plans and ordinances and associated best management
practices to cities, towns, and counties to aid the cities, towns,
and counties in obtaining evergreen community recognition
under RCW 35.105.030.
(5) By December 1, 2010, the department shall, at a minimum, develop the model evergreen community plans and
ordinances required under this section for areas of the state
where the department of natural resources has completed
community and urban forest inventories pursuant to RCW
76.15.070. [2008 c 299 § 10.]
Short title—2008 c 299: See note following RCW 35.105.010.
35.105.060 Report to the legislature. (1) The department shall deliver a report to the appropriate committees of
the legislature following the development of the model evergreen community management plans and ordinances under
RCW 35.105.050 recommending any next steps and additional incentives to increase voluntary participation by cities,
towns, and counties in the evergreen community recognition
program established in RCW 35.105.030.
(2) By the fifteenth day of each consecutive December
leading up to the adoption of the model evergreen community
plans and ordinances, the department shall deliver a report to
the appropriate committees of the legislature outlining
progress made towards the development and implementation
of the model plans and ordinances. [2008 c 299 § 11.]
35.105.060
Short title—2008 c 299: See note following RCW 35.105.010.
35.105.070 Model evergreen community management plans—Elements to consider. In the development of
model evergreen community management plans under RCW
35.105.050, the department shall consider including, but not
be limited to, the following elements:
(1) Inventory and assessment of the jurisdiction’s urban
and community forests utilized as a dynamic management
35.105.070
(2008 Ed.)
35.105.080
tool to set goals, implement programs, and monitor outcomes
that may be adjusted over time;
(2) Canopy cover goals;
(3) Reforestation and tree canopy expansion goals within
the city’s, town’s, and county’s boundaries;
(4) Restoration of public forests;
(5) Achieving forest stand and diversity goals;
(6) Maximizing vegetated storm water management with
trees and other vegetation that reduces runoff, increases soil
infiltration, and reduces storm water pollution;
(7) Environmental health goals specific to air quality,
habitat for wildlife, and energy conservation;
(8) Vegetation management practices and programs to
prevent vegetation from interfering with or damaging utilities
and public facilities;
(9) Prioritizing planting sites;
(10) Standards for tree selection, siting, planting, and
pruning;
(11) Scheduling maintenance and stewardship for new
and established trees;
(12) Staff and volunteer training requirements emphasizing appropriate expertise and professionalism;
(13) Guidelines for protecting existing trees from construction-related damage and damage related to preserving
territorial views;
(14) Integrating disease and pest management;
(15) Wood waste utilization;
(16) Community outreach, participation, education programs, and partnerships with nongovernment organizations;
(17) Time frames for achieving plan goals, objectives,
and tasks;
(18) Monitoring and measuring progress toward those
benchmarks and goals;
(19) Consistency with the urban wildland interface codes
developed by the state building code council;
(20) Emphasizing landscape and revegetation plans in
residential and commercial development areas where tree
retention objectives are challenging to achieve; and
(21) Maximizing building heating and cooling energy
efficiency through appropriate siting of trees for summer
shading, passive solar heating in winter, and for wind breaks.
[2008 c 299 § 12.]
Short title—2008 c 299: See note following RCW 35.105.010.
35.105.080 Model evergreen community ordinances—Elements to consider. The department shall, in the
development of model evergreen community ordinances
under RCW 35.105.050, consider including, but not be limited to, the following policy elements:
(1) Tree canopy cover, density, and spacing;
(2) Tree conservation and retention;
(3) Vegetated storm water runoff management using
native trees and appropriate nonnative, nonnaturalized vegetation;
(4) Clearing, grading, protection of soils, reductions in
soil compaction, and use of appropriate soils with low runoff
potential and high infiltration rates;
(5) Appropriate tree siting and maintenance for vegetation management practices and programs to prevent vegeta35.105.080
[Title 35 RCW—page 341]
35.105.090
Title 35 RCW: Cities and Towns
tion from interfering with or damaging utilities and public
facilities;
(6) Native species and nonnative, nonnaturalized species
diversity selection to reduce disease and pests in urban forests;
(7) Tree maintenance;
(8) Street tree installation and maintenance;
(9) Tree and vegetation buffers for riparian areas, critical
areas, transportation and utility corridors, and commercial
and residential areas;
(10) Tree assessments for new construction permitting;
(11) Recommended forest conditions for different land
use types;
(12) Variances for hardship and safety;
(13) Variances to avoid conflicts with renewable solar
energy infrastructure, passive solar building design, and
locally grown produce; and
(14) Permits and appeals. [2008 c 299 § 13.]
Short title—2008 c 299: See note following RCW 35.105.010.
35.105.090 Evergreen community management
plans and ordinances—Local jurisdictions may adopt.
(1) A city, town, or county may adopt evergreen community
management plans and ordinances, including enforcement
mechanisms and civil penalties for violations of its evergreen
community ordinances.
(2) Evergreen community ordinances adopted under this
section may not prohibit or conflict with vegetation management practices and programs undertaken to prevent vegetation from interfering with or damaging utilities and public
facilities.
(3) Management plans developed by cities, towns, or
counties must be based on urban forest inventories for the
city, town, or county covered by the management plan. The
city, town, or county developing the management plan may
produce independent inventories themselves or rely solely on
inventories developed, commissioned, or approved by the
department of natural resources under chapter 76.15 RCW.
(4) Cities, towns, or counties may establish a local evergreen community advisory board or utilize existing citizen
boards focused on municipal tree issues to achieve appropriate expert and stakeholder participation in the adoption and
development of inventories, assessments, ordinances, and
plans consistent with this chapter.
(5) A city, town, or county shall invite the expert advice
of utilities serving within its jurisdiction for the purpose of
developing and adopting appropriate plans for vegetation
management practices and programs to prevent vegetation
from interfering with or damaging utilities and public facilities. [2008 c 299 § 14.]
(2) The department shall, together with the department
of natural resources, review any evergreen community ordinances or management plans submitted. When reviewing
ordinances or plans under this section, the department shall
focus its review on the plan’s consistency with this chapter
and the model evergreen community management plans and
ordinances adopted under RCW 35.105.050. When the following entities submit evergreen community ordinances and
management plans for review, they must be considered by the
department, together with the department of natural
resources, the department of fish and wildlife, and the Puget
Sound partnership: A county adjacent to Puget Sound or any
city located within any of those counties. The reviewing
departments may provide written comments on both plans
and ordinances.
(3) Together with the department of natural resources,
the department may offer technical assistance in the development of evergreen community ordinances and management
plans. [2008 c 299 § 16.]
Short title—2008 c 299: See note following RCW 35.105.010.
35.105.090
Short title—2008 c 299: See note following RCW 35.105.010.
35.105.100 Submission and review of management
plans and evergreen community ordinances. (1) A city,
town, or county seeking evergreen community recognition
under RCW 35.105.030 shall submit its management plans
and evergreen community ordinances to the department for
review and comment at least sixty days prior to its planned
implementation date.
35.105.100
[Title 35 RCW—page 342]
35.105.110 Evergreen communities partnership task
force. (1) The director of the department shall assemble and
convene the evergreen communities partnership task force of
no more than twenty-five individuals to aid and advise the
department in the administration of this chapter.
(2) At the discretion of the department, the task force
may be disbanded once the urban and community forests
assessments conducted by the department of natural
resources under RCW 76.15.070 and the model evergreen
community management plans and ordinances developed
under RCW 35.105.050 are completed.
(3) Representatives of the department of natural
resources and the department of ecology shall participate in
the task force.
(4) The department shall invite individuals representing
the following entities to serve on the task force:
(a) A statewide council representing urban and community forestry programs authorized under RCW 76.15.020;
(b) A conservation organization with expertise in Puget
Sound storm water management;
(c) At least two cities, one from a city east and one from
a city west of the crest of the Cascade mountains;
(d) At least two counties, one from a county east and one
from a county west of the crest of the Cascade mountains;
(e) Two land development professionals or representative associations representing development professionals
affected by tree retention ordinances and storm water management policies;
(f) A national conservation organization with a network
of chapter volunteers working to conserve habitat for birds
and wildlife;
(g) A land trust conservation organization facilitating
urban forest management partnerships;
(h) A national conservation organization with expertise
in backyard, schoolyard, and community wildlife habitat
development;
(i) A public works professional;
(j) A private utility;
35.105.110
(2008 Ed.)
Urban Forest Management
35.105.120
(k) A national forest land trust exclusively dedicated to
sustaining America’s vast and vital private forests and safeguarding their many public benefits;
(l) Professionals with expertise in local land use planning, housing, or infrastructure; and
(m) The timber industry.
(5) The department is encouraged to recruit task force
members who are able to represent two or more of the stakeholder groups listed in subsection (4) of this section.
(6) In assembling the task force, the department shall
strive to achieve representation from as many of the state’s
major ecoregions as possible.
(7) Each member of the task force shall serve without
compensation. Task force members that are not state
employees may be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060. [2008 c 299 § 17.]
Short title—2008 c 299: See note following RCW 35.105.010.
35.105.120 Limitations of chapter. Nothing in this
chapter may be construed to:
(1) Conflict or supersede with any requirements, duties,
or objectives placed on local governments under chapter
36.70A RCW with specific emphasis on allowing cities and
unincorporated urban growth areas to achieve their desired
residential densities in a manner and character consistent
with RCW 36.70A.110; or
(2) Apply to lands designated under chapters 76.09,
79.70, 79.71, 84.33, and 84.34 RCW. [2008 c 299 § 18.]
35.105.120
Short title—2008 c 299: See note following RCW 35.105.010.
(2008 Ed.)
[Title 35 RCW—page 343]
Title 35A
Title 35A
OPTIONAL MUNICIPAL CODE
Chapters
35A.01 Interpretation of terms.
35A.02 Procedure for incorporated municipality to
become a noncharter code city.
35A.03 Incorporation as noncharter code city.
35A.05 Consolidation of code cities.
35A.06 Adoption and abandonment of noncharter
code city classification or plan of government.
35A.07 Procedure for city operating under charter to
become a charter code city.
35A.08
Procedure for adoption of charter as charter
code city.
35A.09 Amendment or revision of charters of charter
code cities.
35A.10 Adoption and abandonment of charter code
city classification.
35A.11 Laws governing noncharter code cities and
charter code cities—Powers.
35A.12 Mayor-council plan of government.
35A.13
Council-manager plan of government.
35A.14 Annexation by code cities.
35A.15 Disincorporation.
35A.16 Reduction of city limits.
35A.21 Provisions affecting all code cities.
35A.24 Aeronautics.
35A.27 Libraries, museums, and historical activities.
35A.28 Schools.
35A.29 Municipal elections in code cities.
35A.31 Accident claims and funds.
35A.33 Budgets in code cities.
35A.34 Biennial budgets.
35A.35 Intergovernmental relations.
35A.36 Execution of bonds by proxy in code cities.
35A.37 Funds, special purpose.
35A.38
Emergency services.
35A.39 Public documents and records.
35A.40 Fiscal provisions applicable to code cities.
35A.41 Public employment.
35A.42 Public officers and agencies, meetings, duties
and powers.
35A.43 Local improvements in code cities.
35A.44 Census.
35A.46 Motor vehicles.
35A.47 Highways and streets.
35A.49 Labor and safety regulations.
35A.56 Local service districts.
35A.57 Inclusion of code cities in metropolitan municipal corporations.
35A.58
Boundaries and plats.
35A.60 Liens.
35A.63 Planning and zoning in code cities.
35A.64 Public property, real and personal.
35A.65 Publication and printing.
35A.66 Health and safety—Alcohol.
35A.67 Recreation and parks.
35A.68 Cemeteries and morgues.
35A.69 Food and drug.
35A.70 Health and safety.
(2008 Ed.)
35A.74
35A.79
35A.80
35A.81
35A.82
35A.84
35A.88
35A.90
35A.92
Welfare.
Property and materials.
Public utilities.
Public transportation.
Taxation—Excises.
Taxation—Property.
Harbors and navigation.
Construction.
Fire departments—Performance measures.
Acquisition of open space, land, or rights to future development by counties,
cities, or metropolitan municipal corporations, tax levy: RCW
84.34.200 through 84.34.240, 84.52.010. See also RCW 64.04.130.
Boundary review board, extension of water and sewer service beyond corporate boundaries to go before: RCW 36.93.090.
Credit card use by local governments: RCW 43.09.2855.
Labor relations consultants: RCW 43.09.230.
Local adopt-a-highway programs: RCW 47.40.105.
Municipal business and occupation tax: Chapter 35.102 RCW.
Municipalities—Energy audits and efficiency: RCW 43.19.691.
Pollution control—Municipal bonding authority: Chapter 70.95A RCW.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
School districts agreements with other governmental entities for transportation of students or the public or for other noncommon school purposes—Limitations: RCW 28A.160.120.
Senior citizens programs—Authorization to establish and administer: RCW
36.39.060.
Tourism promotion areas: Chapter 35.101 RCW.
Chapter 35A.01
Chapter 35A.01 RCW
INTERPRETATION OF TERMS
Sections
35A.01.010
35A.01.020
35A.01.030
35A.01.035
35A.01.040
35A.01.050
35A.01.060
35A.01.070
Purpose and policy of this title—Interpretation.
Noncharter code city.
Charter code city.
Code city.
Sufficiency of petitions.
The general law.
Optional municipal code—This title.
Definitions—Change of plan or classification of municipal
government.
35A.01.080 "Councilman" defined.
35A.01.010 Purpose and policy of this title—Interpretation. The purpose and policy of this title is to confer
upon two optional classes of cities created hereby the broadest powers of local self-government consistent with the Constitution of this state. Any specific enumeration of municipal
powers contained in this title or in any other general law shall
not be construed in any way to limit the general description of
power contained in this title, and any such specifically enumerated powers shall be construed as in addition and supplementary to the powers conferred in general terms by this title.
All grants of municipal power to municipalities electing to be
governed under the provisions of this title, whether the grant
is in specific terms or in general terms, shall be liberally con35A.01.010
[Title 35A RCW—page 1]
35A.01.020
Title 35A RCW: Optional Municipal Code
strued in favor of the municipality. [1967 ex.s. c 119 §
35A.01.010.]
35A.01.020
35A.01.020 Noncharter code city. A noncharter code
city is one, regardless of population, which has initially
incorporated as a noncharter code city, subject to the provisions of this title, or is an incorporated municipality which
has elected, under the procedure prescribed in this title, to be
classified as a noncharter code city and to be governed
according to the provisions of this title under one of the
optional forms of government provided for noncharter code
cities. [1967 ex.s. c 119 § 35A.01.020.]
35A.01.030
35A.01.030 Charter code city. A charter code city is
one having at least ten thousand inhabitants at the time of its
organization or reorganization which has either initially
incorporated as a charter code city and has adopted a charter
under the procedure prescribed in this title; or which, as an
incorporated municipality, has elected to be classified as a
charter code city and to be governed according to the provisions of this title and of its adopted charter. [1967 ex.s. c 119
§ 35A.01.030.]
35A.01.035
35A.01.035 Code city. The term "code city" means any
noncharter code city or charter code city. [1967 ex.s. c 119 §
35A.01.035.]
35A.01.040
35A.01.040 Sufficiency of petitions. Wherever in this
title petitions are required to be signed and filed, the following rules shall govern the sufficiency thereof:
(1) A petition may include any page or group of pages
containing an identical text or prayer intended by the circulators, signers or sponsors to be presented and considered as
one petition and containing the following essential elements
when applicable, except that the elements referred to in (d)
and (e) of this subsection are essential for petitions referring
or initiating legislative matters to the voters, but are directory
as to other petitions:
(a) The text or prayer of the petition which shall be a
concise statement of the action or relief sought by petitioners
and shall include a reference to the applicable state statute or
city ordinance, if any;
(b) If the petition initiates or refers an ordinance, a true
copy thereof;
(c) If the petition seeks the annexation, incorporation,
withdrawal, or reduction of an area for any purpose, an accurate legal description of the area proposed for such action and
if practical, a map of the area;
(d) Numbered lines for signatures with space provided
beside each signature for the name and address of the signer
and the date of signing;
(e) The warning statement prescribed in subsection (2) of
this section.
(2) Petitions shall be printed or typed on single sheets of
white paper of good quality and each sheet of petition paper
having a space thereon for signatures shall contain the text or
prayer of the petition and the following warning:
[Title 35A RCW—page 2]
WARNING
Every person who signs this petition with any other
than his or her true name, or who knowingly signs
more than one of these petitions, or signs a petition
seeking an election when he or she is not a legal
voter, or signs a petition when he or she is otherwise
not qualified to sign, or who makes herein any false
statement, shall be guilty of a misdemeanor.
Each signature shall be executed in ink or indelible pencil and shall be followed by the name and address of the
signer and the date of signing.
(3) The term "signer" means any person who signs his or
her own name to the petition.
(4) To be sufficient a petition must contain valid signatures of qualified registered voters or property owners, as the
case may be, in the number required by the applicable statute
or ordinance. Within three working days after the filing of a
petition, the officer with whom the petition is filed shall
transmit the petition to the county auditor for petitions signed
by registered voters, or to the county assessor for petitions
signed by property owners for determination of sufficiency.
The officer or officers whose duty it is to determine the sufficiency of the petition shall proceed to make such a determination with reasonable promptness and shall file with the
officer receiving the petition for filing a certificate stating the
date upon which such determination was begun, which date
shall be referred to as the terminal date. Additional pages of
one or more signatures may be added to the petition by filing
the same with the appropriate filing officer prior to such terminal date. Any signer of a filed petition may withdraw his
or her signature by a written request for withdrawal filed with
the receiving officer prior to such terminal date. Such written
request shall so sufficiently describe the petition as to make
identification of the person and the petition certain. The
name of any person seeking to withdraw shall be signed
exactly the same as contained on the petition and, after the filing of such request for withdrawal, prior to the terminal date,
the signature of any person seeking such withdrawal shall be
deemed withdrawn.
(5) Petitions containing the required number of signatures shall be accepted as prima facie valid until their invalidity has been proved.
(6) A variation on petitions between the signatures on the
petition and that on the voter’s permanent registration caused
by the substitution of initials instead of the first or middle
names, or both, shall not invalidate the signature on the petition if the surname and handwriting are the same.
(7) Signatures, including the original, of any person who
has signed a petition two or more times shall be stricken.
(8) Signatures followed by a date of signing which is
more than six months prior to the date of filing of the petition
shall be stricken.
(9) When petitions are required to be signed by the owners of property, the determination shall be made by the
county assessor. Where validation of signatures to the petition is required, the following shall apply:
(a) The signature of a record owner, as determined by the
records of the county auditor, shall be sufficient without the
signature of his or her spouse;
(2008 Ed.)
Procedure for Incorporated Municipality to Become a Noncharter Code City
(b) In the case of mortgaged property, the signature of
the mortgagor shall be sufficient, without the signature of his
or her spouse;
(c) In the case of property purchased on contract, the signature of the contract purchaser, as shown by the records of
the county auditor, shall be deemed sufficient, without the
signature of his or her spouse;
(d) Any officer of a corporation owning land within the
area involved who is duly authorized to execute deeds or
encumbrances on behalf of the corporation, may sign on
behalf of such corporation, and shall attach to the petition a
certified excerpt from the bylaws of such corporation showing such authority;
(e) When the petition seeks annexation, any officer of a
corporation owning land within the area involved, who is
duly authorized to execute deeds or encumbrances on behalf
of the corporation, may sign under oath on behalf of such corporation. If an officer signs the petition, he or she must attach
an affidavit stating that he or she is duly authorized to sign the
petition on behalf of such corporation;
(f) When property stands in the name of a deceased person or any person for whom a guardian has been appointed,
the signature of the executor, administrator, or guardian, as
the case may be, shall be equivalent to the signature of the
owner of the property; and
(g) When a parcel of property is owned by multiple owners, the signature of an owner designated by the multiple
owners is sufficient.
(10) The officer or officers responsible for determining
the sufficiency of the petition shall do so in writing and transmit the written certificate to the officer with whom the petition was originally filed. [2008 c 196 § 2; 2003 c 331 § 9;
1996 c 286 § 7; 1985 c 281 § 26; 1967 ex.s. c 119 §
35A.01.040.]
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
Severability—1985 c 281: See RCW 35.10.905.
35A.01.050 The general law. For the purposes of this
optional municipal code, "the general law" means any provision of state law, not inconsistent with this title, enacted
before or after the enactment of this title, which is by its terms
applicable or available to all cities or towns. Except when
expressly provided to the contrary, whenever in this optional
municipal code reference is made to "the general law", or to
specific provisions of the Revised Code of Washington, it
shall mean "the general law, or such specific provisions of the
Revised Code of Washington as now enacted or as the same
m a y h e r e a f ter be a m e n d e d " . [ 1 9 6 7 e x . s . c 1 1 9 §
35A.01.050.]
35A.01.050
35A.01.060 Optional municipal code—This title.
References contained in this title to "Optional Municipal
Code", "this title", "this code" or to any specific chapter, section, or provision thereof shall refer to the whole or appropriate part of Title 35A RCW, as now or hereafter amended.
[1967 ex.s. c 119 § 35A.01.060.]
with reference to procedures established by this title in regard
to a change of plan or classification of government, unless a
different meaning is plainly required by the context:
(1) "Classify" means a change from a city of the first or
second class, an unclassified city, or a town, to a code city.
(2) "Classification" means either that portion of the general law under which a city or a town operates under Title 35
RCW as a first or second-class city, unclassified city, or
town, or otherwise as a code city.
(3) "Organize" means to provide for officers after
becoming a code city, under the same general plan of government under which the city operated prior to becoming a code
city, pursuant to RCW 35A.02.055.
(4) "Organization" means the general plan of government under which a city operates.
(5) "Plan of government" means a mayor-council form
of government under chapter 35A.12 RCW, council-manager
form of government under chapter 35A.13 RCW, or a mayorcouncil, council-manager, or commission form of government in general that is retained by a noncharter code city as
provided in RCW 35A.02.130, without regard to variations in
the number of elective offices or whether officers are elective
or appointive.
(6) "Reclassify" means changing from a code city to the
classification, if any, held by such a city immediately prior to
becoming a code city.
(7) "Reclassification" means changing from city or town
operating under Title 35 RCW to a city operating under Title
35A RCW, or vice versa; a change in classification.
(8) "Reorganize" means changing the plan of government under which a city or town operates to a different general plan of government. A city or town shall not be deemed
to have reorganized simply by increasing or decreasing the
number of members of its legislative body.
(9) "Reorganization" means a change in general plan of
government under which a city operates, but an increase or
decrease in the number of members of its legislative body
shall not be deemed to constitute a reorganization. [2001 c 33
§ 1. Prior: 1994 c 223 § 24; 1994 c 81 § 66; 1979 ex.s. c 18
§ 1.]
Severability—1979 ex.s. c 18: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1979 ex.s. c 18 § 36.]
35A.01.080 "Councilman" defined. As used in this
title, the term "councilman" or "councilmen" means councilmember or councilmembers. [1981 c 213 § 2.]
35A.01.080
Chapter 35A.02
35A.01.060
35A.01.070 Definitions—Change of plan or classification of municipal government. Where used in this title
35A.01.070
(2008 Ed.)
Chapter 35A.02
Chapter 35A.02 RCW
PROCEDURE FOR INCORPORATED
MUNICIPALITY TO BECOME A
NONCHARTER CODE CITY
Sections
35A.02.010
35A.02.020
35A.02.025
35A.02.030
35A.02.035
35A.02.040
Adoption of noncharter code city classification authorized.
Petition method—Direct.
Referendum.
Resolution method.
Referendum.
Certification of ordinance—Transcript of record to secretary
of state.
35A.02.050 Election of new officers.
[Title 35A RCW—page 3]
35A.02.010
Title 35A RCW: Optional Municipal Code
35A.02.055 Election of new officers—Exception where same general plan
of government is retained.
35A.02.060 Petition for election.
35A.02.070 Resolution for election.
35A.02.080 Election of officers upon approval of plan of government by
voters.
35A.02.090 Alternative plan of government.
35A.02.120 Effective date of reclassification and reorganization.
35A.02.130 Adoption of classification of noncharter code city without
change of governmental plan.
35A.02.140 Petition or resolution pending—Restriction—Exception.
adoption of one of the plans of government authorized for
noncharter code cities involving a different general plan of
government from that under which the city is operating, then
the legislative body shall provide at that time for such reorganization by ordinance and for election of all new officers pursuant to RCW 35A.02.050, as now or hereafter amended.
[1990 c 259 § 2; 1979 ex.s. c 18 § 3; 1967 ex.s. c 119 §
35A.02.020.]
Incorporation subject to approval by boundary review board: RCW
36.93.090.
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.02.025 Referendum. Upon the filing of a referendum petition in the manner provided in RCW 35A.29.170
signed by qualified electors in number equal to not less than
ten percent of the votes cast in the last general municipal
election, such resolution as authorized by RCW 35A.02.020
shall be referred to the voters for confirmation or rejection in
the next general municipal election if one is to be held within
one hundred and eighty days from the date of filing of the referendum petition, or at a special election to be called for that
purpose in accordance with *RCW 29.13.020. [1979 ex.s. c
18 § 4; 1967 ex.s. c 119 § 35A.02.025.]
35A.02.025
35A.02.010 Adoption of noncharter code city classification authorized. Any incorporated city or town may
become a noncharter code city in accordance with, and be
governed by, the provisions of this title relating to noncharter
code cities and may select one of the plans of government
authorized by this title. A city or town adopting and organizing under the optional municipal code shall not be deemed to
have reorganized and to have abandoned its existing general
plan of government, upon changing classification and
becoming a noncharter code city, solely because organizing
under a plan of government authorized in this title changes
the number of elective offices or changes the terms thereof,
or because an office becomes appointive rather than elective,
or because that city or town has come under the optional
municipal code, or because of any combination of these factors. [1979 ex.s. c 18 § 2; 1967 ex.s. c 119 § 35A.02.010.]
35A.02.010
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.02.020 Petition method—Direct. When a petition
is filed, signed by registered voters of an incorporated city or
town, in number equal to not less than fifty percent of the
votes cast at the last general municipal election, seeking the
adoption by the city or town of the classification of noncharter code city, either under its existing authorized plan of government or naming one of the plans of government authorized for noncharter code cities, the county auditor shall
promptly proceed to determine the sufficiency of the petition
under the rules set forth in RCW 35A.01.040. If the petition
is found to be sufficient, the county auditor shall file with the
legislative body a certificate of sufficiency of the petition.
Thereupon the legislative body of such city or town shall, by
resolution, declare that the inhabitants of the city or town
have decided to adopt the classification of noncharter code
city and to be governed under the provisions of this title. If a
prayer for reorganization is included in the petition such resolution shall also declare that the inhabitants of the city or
town have decided to reorganize under the plan of government specified in the petition. The legislative body shall
cause such resolution to be published at least once in a newspaper of general circulation within the city or town not later
than ten days after the passage of the resolution. Upon the
expiration of the ninetieth day from, but excluding the date
of, first publication of the resolution, if no timely and sufficient referendum petition has been filed pursuant to RCW
35A.02.025, as now or hereafter amended, as determined by
RCW 35A.29.170, the legislative body at its next regular
meeting shall effect the decision of the inhabitants, as
expressed in the petition, by passage of an ordinance adopting for the city the classification of noncharter code city, and
if the petition also sought governmental reorganization by
35A.02.020
[Title 35A RCW—page 4]
*Reviser’s note: RCW 29.13.020 was recodified as RCW 29A.04.330
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.02.030 Resolution method. When a majority of
the legislative body of an incorporated city or town determines that it would serve the best interests and general welfare of such municipality to change the classification of such
city or town to that of noncharter code city, such legislative
body may, by resolution, declare its intention to adopt for the
city or town the classification of noncharter code city. If the
legislative body so determines, such resolution may also contain a declaration of intention to reorganize the municipal
government under one of the plans of government authorized
in this title, naming such plan; but it shall also be lawful for
the legislative body of any incorporated city or town which is
governed under a plan of government authorized prior to the
time this title takes effect to adopt for the city or town the
classification of noncharter code city while retaining the
same general plan of government under which such city or
town is then operating. Within ten days after the passage of
the resolution, the legislative body shall cause it to be published at least once in a newspaper of general circulation
within the city or town. Upon the expiration of the ninetieth
day from, but excluding the date of first publication of the
resolution, if no timely and sufficient referendum petition has
been filed pursuant to RCW 35A.02.035, as determined by
RCW 35A.29.170, the intent expressed in such resolution
shall at the next regular meeting of the legislative body be
effected by an ordinance adopting for the city or town the
classification of noncharter code city; and, if the resolution
includes a declaration of intention to reorganize, the legislative body shall provide at that time for such reorganization by
ordinance. [1979 ex.s. c 18 § 5; 1967 ex.s. c 119 §
35A.02.030.]
35A.02.030
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.02.035 Referendum. Upon the filing of a referendum petition in the manner provided in RCW 35A.29.170
35A.02.035
(2008 Ed.)
Procedure for Incorporated Municipality to Become a Noncharter Code City
signed by qualified electors of an incorporated city or town in
number equal to not less than ten percent of the votes cast in
the last general municipal election, such resolution shall be
referred for approval or rejection by the voters at an election
as specified in RCW 35A.02.025. [1967 ex.s. c 119 §
35A.02.035.]
35A.02.040 Certification of ordinance—Transcript
of record to secretary of state. When one or more ordinances are passed under RCW 35A.02.020 or 35A.02.030, as
now or hereafter amended, the clerk of the city or town shall
forward to the secretary of state a certified copy of any such
ordinance. Upon the filing in the office of the secretary of
state of a certified copy of an ordinance adopting the classification of noncharter code city, such city or town shall thereafter be classified as a noncharter code city; except that if
there is also filed with the secretary of state a certified copy
of an ordinance providing for reorganization of the municipal
government of such city or town under a different general
plan of government, such reclassification and reorganization
shall not be effective until the election, qualification, and
assumption of office under RCW 35A.02.050 as now or hereafter amended of at least a quorum of all new officers under
the plan of government so adopted. [1979 ex.s. c 18 § 6; 1970
ex.s. c 52 § 1; 1967 ex.s. c 119 § 35A.02.040.]
35A.02.040
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.02.050 Election of new officers. The first election
of officers where required for reorganization under a different general plan of government newly adopted in a manner
provided in RCW 35A.02.020, 35A.02.030, 35A.06.030, or
35A.06.060, as now or hereafter amended, shall be at the next
general municipal election if one is to be held more than
ninety days but not more than one hundred and eighty days
after certification of a reorganization ordinance or resolution,
or otherwise at a special election to be held for that purpose
in accordance with *RCW 29.13.020. In the event that the
first election of officers is to be held at a general municipal
election, such election shall be preceded by a primary election pursuant to *RCW 29.21.010 and 29.13.070. In the event
that the first election of all officers is to be held at a special
election rather than at a general election, and notwithstanding
any provisions of any other law to the contrary, such special
election shall be preceded by a primary election to be held on
a date authorized by *RCW 29.13.010, and the persons nominated at that primary election shall be voted upon at the next
succeeding special election that is authorized by *RCW
29.13.010: PROVIDED, That in the event the ordinances
calling for reclassification or reclassification and reorganization under the provisions of Title 35A RCW have been filed
with the secretary of state pursuant to RCW 35A.02.040 in an
even-numbered year at least ninety days prior to a state general election then the election of new officers shall be concurrent with the state primary and general election and shall be
conducted as set forth in general election law.
Upon reorganization, candidates for all offices shall file
or be nominated for and successful candidates shall be
elected to specific council positions. The initial terms of
office for those elected at a first election of all officers shall
be as follows: (1) A simple majority of the persons who are
35A.02.050
(2008 Ed.)
35A.02.055
elected as councilmembers receiving the greatest numbers of
votes and the mayor in a city with a mayor-council plan of
government shall be elected to four-year terms of office, if
the election is held in an odd-numbered year, or three-year
terms of office, if the election is held in an even-numbered
year; and (2) the other persons who are elected as councilmembers shall be elected to two-year terms of office, if the
election is held in an odd-numbered year, or one-year terms
of office, if the election is held in an even-numbered year.
The newly elected officials shall take office immediately
when they are elected and qualified, but the length of their
terms of office shall be calculated from the first day of January in the year following the election. Thereafter, each person
elected as a councilmember or mayor in a city with a mayorcouncil plan of government shall be elected to a four-year
term of office. Each councilmember and mayor in a city with
a mayor-council plan of government shall serve until a successor is elected and qualified and assumes office as provided
in *RCW 29.04.170.
The former officers shall, upon the election and qualification of new officers, deliver to the proper officers of the
reorganized noncharter code city all books of record, documents and papers in their possession belonging to such
municipal corporation before the reorganization thereof.
[1994 c 223 § 25; 1979 ex.s. c 18 § 7; 1971 ex.s. c 251 § 1;
1970 ex.s. c 52 § 2; 1967 ex.s. c 119 § 35A.02.050.]
*Reviser’s note: RCW 29.13.020, 29.21.010, 29.13.070, 29.13.010,
and 29.04.170 were recodified as RCW 29A.04.330, 29A.52.210,
29A.04.310, 29A.04.320, and 29A.20.040, respectively, pursuant to 2003 c
111 § 2401, effective July 1, 2004. RCW 29A.04.310 and 29A.04.320 were
subsequently repealed by 2004 c 271 § 193. Later enactment of RCW
29A.04.310 and 29A.04.320, see RCW 29A.04.311 and 29A.04.321, respectively.
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
Severability—1971 ex.s. c 251: See RCW 35A.90.050.
35A.02.055 Election of new officers—Exception
where same general plan of government is retained.
Where a city elects to become a noncharter code city under
one of the optional plans of government provided in Title
35A RCW for code cities which involves the same general
plan of government as that under which the city operated
prior to the choice and where with the change in classification
the number of councilmanic positions in a city remains the
same or increases from five to seven, the procedures for the
first election of officers which appear in RCW 35A.02.050
shall not be followed. When membership in a city council
remains the same or is increased upon becoming a noncharter
code city, the terms of incumbent council members shall not
be affected. If the number of council members is increased
from five to seven, the city council shall, by majority vote,
pursuant to RCW 35A.12.050 and 35A.13.020, appoint two
persons to serve in these offices until the next municipal general election, at which election one person shall be elected for
a two-year term and one person shall be elected for a fouryear term.
A first election of all officers upon a change in classification to a noncharter code city is also not required where the
change in classification otherwise retains the same general or
specific plan of government and where the change in classification results in a decrease in the number of councilmanic
positions in a city.
35A.02.055
[Title 35A RCW—page 5]
35A.02.060
Title 35A RCW: Optional Municipal Code
If the membership in a city council is decreased from
seven to five members upon adopting the classification of
noncharter code city, this decrease in the number of council
members shall be determined in the following manner: The
council members shall determine by lot which two councilmanic positions shall be eliminated upon the expiration of
their terms of office. The terms of the remaining council
members shall not be affected. [1979 ex.s. c 18 § 8.]
may be placed on the ballots in the same election by timely
petition as provided in this chapter. When the ballot contains
alternative proposals for each of the plans of government the
ballot shall clearly state that voters may vote for only one of
the plans of government. [1971 ex.s. c 251 § 3; 1967 ex.s. c
119 § 35A.02.090.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.02.120 Effective date of reclassification and
reorganization. Upon the filing of the certified copy of the
resolution with the secretary of state, the county auditor shall
issue certificates of election to the successful candidates for
the offices under the plan of government for which a majority
of the votes were cast, and upon the issuance of such certificates, such city or town shall become a noncharter code city
governed under the plan of government chosen by the voters,
under the provisions of this title and with the powers conferred by this title. [1967 ex.s. c 119 § 35A.02.120.]
35A.02.060 Petition for election. When a petition
which is sufficient under the rules set forth in RCW
35A.01.040 is filed with the legislative body of an incorporated city or town, signed by qualified electors of such
municipality in number equal to not less than ten percent of
the votes cast at the last general municipal election, seeking
adoption by the city or town of the classification of noncharter code city and the reorganization of the city or town under
one of the plans of government authorized in this title, the
county auditor shall file with the legislative body thereof a
certificate of sufficiency of such petition. Thereupon, the legislative body shall cause such proposal to be submitted to the
voters at the next general municipal election if one is to be
held within one hundred eighty days after certification of the
sufficiency of the petition, or at a special election to be held
for that purpose not less than ninety days nor more than one
hundred and eighty days from such certification of sufficiency. Ballot titles for elections under this chapter shall be
prepared by the city attorney as provided in *RCW
35A.29.120. [1990 c 259 § 3; 19 67 ex.s. c 11 9 §
35A.02.060.]
35A.02.060
*Reviser’s note: RCW 35A.29.120 was repealed by 1994 c 223 § 92.
35A.02.070 Resolution for election. The legislative
body of an incorporated city or town may, by resolution, submit to the voters in the next general municipal election if one
is to be held within one hundred and eighty days after passage
of the resolution, or in a special election to be called for that
purpose not less than ninety days nor more than one hundred
and eighty days after passage of the resolution, a proposal
that the city or town adopt the classification of noncharter
code city and organize under one of the plans of government
authorized in this title, naming such plan. [1967 ex.s. c 119 §
35A.02.070.]
35A.02.070
35A.02.080 Election of officers upon approval of plan
of government by voters. If the majority of votes cast at an
election for organization under a plan provided in this title
favor the plan, the city or town shall elect in accordance with
RCW 35A.02.050 the officers for the positions created. The
former officers of the municipality shall, upon the election
and qualification of the new officers, deliver to the proper
officers of the new noncharter code city all books of record,
documents and papers in their possession belonging to such
municipal corporation before reorganization. [1971 ex.s. c
251 § 2; 1967 ex.s. c 119 § 35A.02.080.]
35A.02.080
Severability—1971 ex.s. c 251: See RCW 35A.90.050.
35A.02.090 Alternative plan of government. Proposals for each of the plans of government authorized by this title
35A.02.090
[Title 35A RCW—page 6]
Severability—1971 ex.s. c 251: See RCW 35A.90.050.
35A.02.120
35A.02.130 Adoption of classification of noncharter
code city without change of governmental plan. Any
incorporated city or town governed under a plan of government authorized prior to the time this title takes effect may
become a noncharter code city without changing such plan of
government by the use of the petition-for-election or resolution-for-election procedures provided in RCW 35A.02.060
and 35A.02.070 to submit to the voters a proposal that such
municipality adopt the classification of noncharter code city
while retaining its existing plan of government, and upon a
favorable vote on the proposal, such municipality shall be
classified as a noncharter code city and retain its old plan of
government, such reclassification to be effective upon the filing of the record of such election with the office of the secretary of state. Insofar as the provisions of *RCW 35A.02.100
and 35A.02.110 are applicable to an election on such a reclassification proposal they shall apply to such election. [1994 c
223 § 26; 1994 c 81 § 67; 1967 ex.s. c 119 § 35A.02.130.]
35A.02.130
*Reviser’s note: RCW 35A.02.100 and 35A.02.110 were repealed by
1994 c 223 § 92.
35A.02.140 Petition or resolution pending—Restriction—Exception. While proceedings are pending under any
petition or resolution relating to reclassification of a municipality or reorganization of the government thereof pursuant
to this chapter, no resolution shall be passed for the purpose
of initiating other such proceedings or submitting other such
proposals to the voters at an election thereunder; and no petition for reclassification or reorganization of such municipality shall be accepted for filing pending such proceedings,
except that a timely and sufficient petition seeking to place on
the ballot for such election a proposal for an alternative plan
of government authorized by this title, as provided in RCW
35A.02.090, may be filed and acted upon. [1967 ex.s. c 119
§ 35A.02.140.]
35A.02.140
Chapter 35A.03 RCW
INCORPORATION AS NONCHARTER CODE CITY
Chapter 35A.03
Sections
35A.03.001 Actions subject to review by boundary review board.
35A.03.005 Incorporation to be governed by chapter 35.02 RCW.
(2008 Ed.)
Adoption and Abandonment of Noncharter Code City Classification or Plan of Government
35A.03.001 Actions subject to review by boundary
review board. Actions taken under chapter 35A.03 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 36.]
35A.03.001
35A.03.005 Incorporation to be governed by chapter
35.02 RCW. Noncharter code cities shall be incorporated as
provided in chapter 35.02 RCW. [1986 c 234 § 36.]
35A.03.005
Chapter 35A.05
Chapter 35A.05 RCW
CONSOLIDATION OF CODE CITIES
Sections
35A.05.001 Actions subject to review by boundary review board.
35A.05.005 Consolidation of code cities.
35A.05.001 Actions subject to review by boundary
review board. Actions taken under chapter 35A.05 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 37.]
35A.05.001
35A.05.005 Consolidation of code cities. Code cities
shall consolidate as provided in chapter 35.10 RCW. [1985 c
281 § 14.]
35A.05.005
Severability—1985 c 281: See RCW 35.10.905.
Chapter 35A.06 RCW
ADOPTION AND ABANDONMENT OF
NONCHARTER CODE CITY CLASSIFICATION
OR PLAN OF GOVERNMENT
Chapter 35A.06
Sections
35A.06.010 Each optional plan of government declared complete form of
government.
35A.06.020 Laws applicable to noncharter code cities.
35A.06.030 Abandonment of plan of government of a noncharter code city.
35A.06.040 Abandonment—Resolution or petition for election.
35A.06.050 Abandonment—Election.
35A.06.060 Abandonment—Reorganization under plan adopted—Effective date.
35A.06.070 Abandonment of noncharter code city classification without
reorganization.
35A.06.010 Each optional plan of government
declared complete form of government. Each of the
optional plans of government authorized by chapter 35A.12
RCW and chapter 35A.13 RCW, with any amendments
thereto, is declared to be a complete and separate plan of government authorized by the legislature for submission to the
voters of a municipality or for adoption by resolution of the
legislative body thereof in the manner provided herein, and is
additional to the plans of government existing prior to the
time this title takes effect. [1967 ex.s. c 119 § 35A.06.010.]
35A.06.010
35A.06.020 Laws applicable to noncharter code cities. The classifications of municipalities as first-class cities,
second-class cities, unclassified cities, and towns, and the
restrictions, limitations, duties, and obligations specifically
imposed by law upon such classes of cities and towns, shall
have no application to noncharter code cities, but every noncharter code city, by adopting such classification, has elected
to be governed by the provisions of this title, with the powers
granted hereby. However, any code city that retains its old
35A.06.020
(2008 Ed.)
35A.06.040
plan of government is subject to the laws applicable to that
old plan of government until the city abandons its old plan of
government and reorganizes and adopts a plan of government
under chapter 35A.12 or 35A.13 RCW. [1997 c 361 § 17;
1995 c 134 § 11. Prior: 1994 c 223 § 27; 1994 c 81 § 68; 1967
ex.s. c 119 § 35A.06.020.]
35A.06.030 Abandonment of plan of government of a
noncharter code city. By use of the resolution for election
or petition for election methods described in RCW
35A.06.040, any noncharter code city which has operated for
more than six consecutive years under one of the optional
plans of government authorized by this title, or for more than
a combined total of six consecutive years under a particular
plan of government both as a code city and under the same
general plan under Title 35 RCW immediately prior to
becoming a code city, may abandon such organization and
may reorganize and adopt another plan of government authorized for noncharter code cities, but only after having been a
noncharter code city for more than one year or a city after
operating for more than six consecutive years under a particular plan of government as a noncharter code city: PROVIDED, That these limitations shall not apply to a city seeking to adopt a charter.
In reorganization under a different general plan of government as a noncharter code city, officers shall serve the
remainder of their terms. If a city with a mayor-council plan
of government is reorganized with a council-manager plan of
government, the mayor shall serve as a councilmember for
the remainder of his or her term. If a city with a council-manager plan of government is reorganized with a mayor-council
plan of government, the mayor shall be elected as provided in
RCW 35A.02.050. When a noncharter code city adopts a plan
of government other than those authorized under Title 35A
RCW, such city ceases to be governed under this optional
municipal code, shall be classified as a city or town of the
class selected in the proceeding for adoption of such new
plan, with the powers granted to such class under the general
law, and shall elect officers as provided in RCW 35A.02.050.
[2001 c 33 § 2; 1994 c 223 § 28; 1994 c 81 § 69; 1979 ex.s. c
18 § 14; 1971 ex.s. c 251 § 13; 1967 ex.s. c 119 §
35A.06.030.]
35A.06.030
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
Severability—1971 ex.s. c 251: See RCW 35A.90.050.
35A.06.040 Abandonment—Resolution or petition
for election. Upon the passage of a resolution of the legislative body of a noncharter code city, or upon the filing of a sufficient petition with the county auditor signed by registered
voters in number equal to not less than ten percent of the
votes cast at the last general municipal election therein, proposing abandonment by the city of the plan of government
under which it is then operating and adoption of another plan,
naming such plan, the sufficiency of the petition for abandonment shall be determined, an election ordered and conducted,
and the results declared generally as provided in chapter
35A.02 RCW insofar as such provisions are applicable. If the
resolution or petition proposes a plan of government other
than those authorized in chapters 35A.12 RCW and 35A.13
RCW of this title, the resolution or petition shall specify the
35A.06.040
[Title 35A RCW—page 7]
35A.06.050
Title 35A RCW: Optional Municipal Code
class under which such city will be classified upon adoption
of such plan. [1990 c 259 § 4; 1967 ex.s. c 119 §
35A.06.040.]
voting on such proposition shall become effective upon the
filing of the record of such election with the office of the secretary of state. [1967 ex.s. c 119 § 35A.06.070.]
Sufficiency of petition in code city: RCW 35A.01.040.
Chapter 35A.07 RCW
PROCEDURE FOR CITY OPERATING UNDER
CHARTER TO BECOME A CHARTER CODE CITY
Chapter 35A.07
35A.06.050 Abandonment—Election. The proposal
for abandonment of a plan of government as authorized in
RCW 35A.06.030 and for adoption of the plan named in the
resolution or petition shall be voted upon at the next general
election in accordance with RCW 29A.04.330. The ballot
title and statement of the proposition shall be prepared by the
city attorney as provided in RCW *29.27.060 and
35A.29.120. [2004 c 268 § 2; 1994 c 223 § 29; 1979 ex.s. c
18 § 15; 1967 ex.s. c 119 § 35A.06.050.]
35A.06.050
*Reviser’s note: RCW 29.27.060 was repealed by 2000 c 197 § 15.
Effective date—2004 c 268: "This act takes effect July 1, 2004." [2004
c 268 § 3.]
Sections
35A.07.010
35A.07.020
35A.07.025
35A.07.030
35A.07.035
35A.07.040
Adoption of charter code city classification authorized.
Petition method—Direct.
Referendum.
Resolution method.
Referendum.
Certification of ordinance—Transcript of record to secretary
of state.
35A.07.050 Petition for election.
35A.07.060 Resolution for election.
35A.07.070 Election on reclassification—Effective date of reclassification
upon favorable vote.
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.07.010 Adoption of charter code city classification authorized. Any city having ten thousand inhabitants
which is governed under a charter may become a charter code
city by a procedure prescribed in this chapter and be governed under this title, with the powers conferred hereby.
[1967 ex.s. c 119 § 35A.07.010.]
35A.07.010
35A.06.060 Abandonment—Reorganization under
plan adopted—Effective date. If a majority of votes cast at
the election favor abandonment of the general plan of government under which the noncharter code city is then organized
and reorganization under the different general plan proposed
in the resolution or petition, the officers to be elected shall be
those prescribed by the plan of government so adopted, and
they shall be elected as provided in RCW 35A.06.030. If the
city is adopting a plan of government other than those authorized under this title, the officers shall be elected at the next
succeeding general municipal election. Upon the election,
qualification, and assumption of office by such officers the
reorganization of the government of such municipality shall
be complete and such municipality shall thereafter be governed under such plan. If the plan so adopted is not a plan
authorized for noncharter code cities, upon the election, qualification, and assumption of office by such officers the
municipality shall cease to be a noncharter code city governed under the provisions of this optional municipal code
and shall revert to the classification selected and shall be governed by the general laws relating to municipalities of such
class with the powers conferred by law upon municipalities
of such class. Such change of classification shall not affect
the then existing property rights or liabilities of the municipal
corporation. [2001 c 33 § 3; 1979 ex.s. c 18 § 16; 1967 ex.s.
c 119 § 35A.06.060.]
35A.06.060
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.06.070 Abandonment of noncharter code city
classification without reorganization. By means of the procedures set forth in this chapter, insofar as they apply, any
noncharter code city which has been governed under the provisions of this title for more than six years may abandon the
classification of noncharter code city and elect to be governed
under the general law relating to cities or towns of the classification held by such city immediately prior to becoming a
noncharter code city, if any, or relating to cities or towns of
the highest class for which it is qualified by population, with
the powers conferred by law upon such class, while retaining
the plan of government under which it is then organized. A
change of classification approved by a majority of the voters
35A.06.070
[Title 35A RCW—page 8]
35A.07.020 Petition method—Direct. When a petition
is filed, signed by registered voters of a charter city in number
equal to not less than fifty percent of the votes cast at the last
general municipal election, seeking the adoption by the charter city of the classification of charter code city the legislative
body of such city shall direct the county auditor to determine
the sufficiency of the petition under the rules set forth in
RCW 35A.01.040. If the petition is found to be sufficient, the
county auditor shall file with the legislative body a certificate
of sufficiency of the petition. Thereupon the legislative body
of the charter city shall, by resolution, declare that the inhabitants of such city have decided to adopt the classification of
charter code city and to be governed under this title. The legislative body shall cause such resolution to be published at
least once in a newspaper of general circulation within the
city not later than ten days after the passage of the resolution.
Upon the expiration of the ninetieth day from, but excluding
the date of first publication of the resolution, if no timely and
sufficient referendum petition has been filed, as determined
by RCW 35A.29.170, the legislative body shall effect the
decision of the inhabitants, as expressed in the petition, by
passage of an ordinance adopting for the city the classification of charter code city. [1990 c 259 § 5; 1967 ex.s. c 119 §
35A.07.020.]
35A.07.020
35A.07.025 Referendum. Upon the filing of a referendum petition in the manner provided in RCW 35A.29.170
signed by qualified electors in number equal to not less than
ten percent of the votes cast in the last general municipal
election, the resolution authorized by RCW 35A.07.020 shall
be referred to the voters for confirmation or rejection in the
next general municipal election, if one is to be held within
one hundred and eighty days from the date of filing of the referendum petition, or at a special election to be called for that
purpose not less than ninety days nor more than one hundred
35A.07.025
(2008 Ed.)
Procedure for Adoption of Charter as Charter Code City
and eighty days from the filing of such referendum petition.
[1967 ex.s. c 119 § 35A.07.025.]
35A.07.030
35A.07.030 Resolution method. When a majority of
the legislative body of a charter city determines that it would
serve the best interests and general welfare of such city to
become a charter code city, such legislative body may, by
resolution, declare its intention to adopt for the city the classification of charter code city and to be governed under the
provisions of this title, with the powers conferred hereby.
Within ten days after the passage of the resolution, the legislative body shall cause it to be published at least once in a
newspaper of general circulation within the city. Upon the
expiration of the ninetieth day from, but excluding the date of
first publication of the resolution, if no timely and sufficient
referendum petition has been filed, as determined by RCW
35A.29.170, the intent expressed in such resolution shall be
effected by passage of an ordinance adopting for the city the
classification of charter code city. [1967 ex.s. c 119 §
35A.07.030.]
35A.07.035
35A.07.035 Referendum. Upon the filing of a referendum petition in the manner provided in RCW 35A.29.170
signed by qualified electors in number equal to not less than
ten percent of the votes cast in the last general municipal
election, the resolution authorized by RCW 35A.07.030 shall
be referred to the voters for approval or rejection at an election as specified in RCW 35A.07.025. [1967 ex.s. c 119 §
35A.07.035.]
35A.07.040
35A.07.040 Certification of ordinance—Transcript
of record to secretary of state. When an ordinance is passed
as provided in RCW 35A.07.020 or 35A.07.030, the clerk of
the charter city shall forward to the secretary of state a certified copy thereof. Upon the filing of the certified copy of the
ordinance in the office of the secretary of state, such city shall
be classified as a charter code city and shall thereafter be governed under the provisions of this optional municipal code
and have the powers conferred hereby. [1967 ex.s. c 119 §
35A.07.040.]
35A.07.050
35A.07.050 Petition for election. When a petition
which is sufficient under the rules set forth in RCW
35A.01.040 is filed with the legislative body of a charter city,
signed by registered voters of such city in number equal to
not less than ten percent of the votes cast at the last general
municipal election, seeking adoption by the city of the classification of charter code city, the county auditor shall file with
the legislative body thereof a certificate of sufficiency of such
petition. Thereupon the legislative body shall cause such proposal to be submitted to the voters at the next general municipal election if one is to be held within one hundred eighty
days, or at a special election to be held for that purpose not
less than ninety days nor more than one hundred and eighty
days after the filing of such petition. Ballot titles for such
election shall be prepared by the city attorney as provided in
*RCW 35A.29.120. [1990 c 259 § 6; 1967 ex.s. c 119 §
35A.07.050.]
*Reviser’s note: RCW 35A.29.120 was repealed by 1994 c 223 § 92.
(2008 Ed.)
35A.08.020
35A.07.060 Resolution for election. The legislative
body of a charter city may, by resolution, submit to the voters
at an election held within the time period specified in RCW
35A.07.050 a proposal that the city adopt the classification of
charter code city and be governed under the provisions of this
title with the powers conferred hereby. [1967 ex.s. c 119 §
35A.07.060.]
35A.07.060
35A.07.070 Election on reclassification—Effective
date of reclassification upon favorable vote. Notice of
elections under this chapter shall be given, the election conducted, and the result declared generally as provided in chapter 35A.02 RCW, insofar as such provisions are applicable. If
a majority of votes cast on the proposition are in favor of
adoption of the classification of charter code city, upon the
certification of the record of election to the office of the secretary of state, such city shall become a charter code city and
shall be governed under the provisions of this title and have
the powers conferred on charter code cities. [1967 ex.s. c 119
§ 35A.07.070.]
35A.07.070
Chapter 35A.08 RCW
PROCEDURE FOR ADOPTION OF CHARTER
AS CHARTER CODE CITY
Chapter 35A.08
Sections
35A.08.010
35A.08.020
35A.08.030
35A.08.040
35A.08.050
35A.08.060
35A.08.070
35A.08.080
35A.08.090
35A.08.100
35A.08.110
35A.08.120
Adoption of charter authorized.
Determining population.
Resolution or petition for election.
Election on question—Election of charter commission.
Organization of charter commission—Vacancies—Duties.
Expenses of commission members—Consultants and assistants.
Public hearing.
Submission of charter—Election of officers—Publication.
Conduct of elections.
Ballot titles.
Certificates of election to officers—Effective date of becoming charter code city.
Authentication of charter.
35A.08.010 Adoption of charter authorized. Any city
having a population of ten thousand or more inhabitants may
become a charter code city and be governed under the provisions of this title by adopting a charter for its own government in the manner prescribed in this chapter. Once any city,
having ten thousand population, has adopted such a charter,
any subsequent decrease in population below ten thousand
shall not affect its status as a charter code city. [1967 ex.s. c
119 § 35A.08.010.]
35A.08.010
35A.08.020 Determining population. For the purposes
of this chapter, the population of a city shall be the number of
residents shown by the figures released for the most recent
official state or federal census, by a population determination
made under the direction of the office of financial management, or by a city census conducted in the following manner:
(1) The legislative authority of any such city may provide by ordinance for the appointment by the mayor thereof,
of such number of persons as may be designated in the ordinance to make an enumeration of all persons residing within
the corporate limits of the city. The enumerators so
appointed, before entering upon their duties, shall take an
oath for the faithful performance thereof and within five days
35A.08.020
[Title 35A RCW—page 9]
35A.08.030
Title 35A RCW: Optional Municipal Code
after their appointment proceed, within their respective districts, to make an enumeration of all persons residing therein,
with their names and places of residence.
(2) Immediately upon the completion of the enumeration, the enumerators shall make return thereof upon oath to
the legislative authority of the city, who at its next meeting or
as soon thereafter as practicable, shall canvass and certify the
returns.
(3) If it appears therefrom that the whole number of persons residing within the corporate limits of the city is ten
thousand or more, the mayor and clerk under the corporate
seal of the city shall certify the number so ascertained to the
secretary of state, who shall file it in his office. This certificate when so filed shall be conclusive evidence of the population of the city. [1979 c 151 § 32; 1967 ex.s. c 119 §
35A.08.020.]
Population determinations, office of financial management: Chapter 43.62
RCW.
35A.08.030 Resolution or petition for election. The
legislative body of any city having ten thousand or more
inhabitants may, by resolution, provide for submission to the
voters of the question whether the city shall become a charter
code city and be governed in accordance with a charter to be
adopted by the voters under the provisions of this title. The
legislative body must provide for such an election upon
receipt of a sufficient petition therefor signed by qualified
electors in number equal to not less than ten percent of the
votes cast at the last general municipal election therein. The
question may be submitted to the voters at the next general
municipal election if one is to be held within one hundred and
eighty days or at a special election held for that purpose not
less than ninety nor more than one hundred and eighty days
after the passage of the resolution or the filing of the certificate of sufficiency of the petition. At such election provision
shall also be made for the election of fifteen freeholders who,
upon a favorable vote on the question, shall constitute the
charter commission charged with the duty of framing a charter for submission to the voters. If the vote in favor of adopting a charter receives forty percent or less of the total vote on
the question of charter adoption, no new election on the question of charter adoption may be held for a period of two years
from the date of the election in which the charter proposal
failed. [2001 c 33 § 4; 1967 ex.s. c 119 § 35A.08.030.]
35A.08.030
Sufficiency of petition in code city: RCW 35A.01.040.
35A.08.040 Election on question—Election of charter commission. The election on the question whether to
adopt a charter and become a charter code city and the nomination and election of the members of the charter commission
shall be conducted, and the result declared, according to the
laws regulating and controlling elections in the city. Candidates for election to the charter commission must be nominated by petition signed by ten registered voters of the city
and residents therein for a period of at least two years preceding the election. A nominating petition shall be filed within
the time allowed for filing declarations of candidacy and
shall be verified by an affidavit of one or more of the signers
to the effect that the affiant believes that the candidate and all
of the signers are registered voters of the city and he signed
the petition in good faith for the purpose of endorsing the per35A.08.040
[Title 35A RCW—page 10]
son named therein for election to the charter commission. A
written acceptance of the nomination by the nominee shall be
affixed to the petition when filed with the county auditor.
Nominating petitions need not be in the form prescribed in
RCW 35A.01.040. Any nominee may withdraw his nomination by a written statement of withdrawal filed at any time not
later than five days before the last day allowed for filing nominations. The positions on the charter commission shall be
designated by consecutive numbers one through fifteen, and
the positions so designated shall be considered as separate
offices for all election purposes. A nomination shall be made
for a specific numbered position. [1990 c 259 § 7; 1967 ex.s.
c 119 § 35A.08.040.]
35A.08.050 Organization of charter commission—
Vacancies—Duties. Within ten days after its election the
charter commission shall hold its first meeting, elect one of
the members as chairman, and adopt such rules for the conduct of its business as it may deem advisable. In the event of
a vacancy in the charter commission, the remaining members
shall fill it by appointment thereto of some properly qualified
person. A majority shall constitute a quorum for transaction
of business but final charter recommendations shall require a
majority vote of the whole membership of the commission.
The commission shall study the plan of government of the
city, compare it with other available plans of government,
and determine whether, in its judgment, the government of
the city could be strengthened, made more responsive or
accountable to the people, or whether its operation could be
made more economical or more efficient by amendment of
the existing plan or adoption of another plan of government.
The commission shall consider the plans of government
described in this title but shall not be limited to such plans in
its recommendations for the government of the city and may
frame a charter for any plan it deems suitable for the good
government of the city; except that the provisions of such
charter shall not be valid if inconsistent with the Constitution
of this state, the provisions of this title, or the general laws of
the state, insofar as they are applicable to cities governed
under this title. [1967 ex.s. c 119 § 35A.08.050.]
35A.08.050
35A.08.060 Expenses of commission members—
Consultants and assistants. Members of the charter commission shall serve without compensation but shall be reimbursed by the city from any funds for their necessary
expenses incurred in the performance of their duties. The legislative body may, in its discretion, make a reasonable appropriation of the city funds to provide for public information
and discussion concerning the purposes and progress of the
commission’s work and/or to provide technical or clerical
assistance to the commission in its work. Within the limits of
any such appropriation and privately contributed funds and
services as may be available to it, the charter commission
may appoint one or more consultants and clerical or other
assistants to serve at the pleasure of the commission and may
fix a reasonable compensation to be paid such consultants
and assistants. [1967 ex.s. c 119 § 35A.08.060.]
35A.08.060
35A.08.070 Public hearing. The charter commission
shall hold at least one public hearing in the course of its delib35A.08.070
(2008 Ed.)
Procedure for Adoption of Charter as Charter Code City
erations, may hold committee meetings and may sponsor
public forums and promote public education and discussion
respecting its work. [1967 ex.s. c 119 § 35A.08.070.]
35A.08.080 Submission of charter—Election of officers—Publication. Within one hundred and eighty days from
the date of its first meeting, the charter commission, or a
majority thereof, shall frame a charter for the city and submit
the charter to the legislative body of the city, which, within
five days thereafter shall initiate proceedings for the submission of the proposed charter to the qualified electors of the
city at the next general election if one is to be held within one
hundred and eighty days or at a special election to be held for
that purpose not less than ninety nor more than one hundred
and eighty days after submission of the charter to the legislative body. The legislative body shall cause the proposed charter to be published in a newspaper of general circulation in
the city at least once each week for four weeks next preceding
the day of submitting the same to the electors for their
approval. At this election the first officers to serve under the
provisions of the proposed charter shall also be elected. If the
election is from wards, the division into wards as specified in
the proposed charter shall govern; in all other respects the
then existing laws relating to such elections shall govern. The
notice of election shall specify the objects for which the election is held and shall be given as required by law. [1967 ex.s.
c 119 § 35A.08.080.]
35A.08.080
35A.08.090 Conduct of elections. The election upon
the question of becoming a charter code city and framing a
charter and the election of the charter commission, and the
election upon the adoption or rejection of the proposed charter and the officers to be elected thereunder, the returns of
both elections, the canvassing thereof, and the declaration of
the result shall be governed by the laws regulating and controlling elections in the city. [1967 ex.s. c 119 §
35A.08.090.]
35A.08.090
35A.08.100 Ballot titles. Ballot titles for elections
under this chapter shall be prepared by the city attorney as
provided in *RCW 35A.29.120. The ballot statement in the
election for adopting or rejecting the proposed charter shall
clearly state that, upon adoption of the proposed charter, the
city would be governed by its charter and by this title. [1967
ex.s. c 119 § 35A.08.100.]
35A.08.100
*Reviser’s note: RCW 35A.29.120 was repealed by 1994 c 223 § 92.
35A.08.110 Certificates of election to officers—Effective date of becoming charter code city. If a majority of the
votes cast at the election upon the adoption of the proposed
charter favor it, certificates of election shall be issued to each
officer elected at that election. Within ten days after the issuance of the certificates of election, the newly elected officers
shall qualify as provided in the charter, and on the tenth day
thereafter at twelve o’clock noon of that day or on the next
business day if the tenth day is a Saturday, Sunday or holiday,
the officers so elected and qualified shall enter upon the
duties of the offices to which they were elected and at such
time the charter shall be authenticated, recorded, attested and
go into effect, and the city shall thereafter be classified as a
35A.08.110
(2008 Ed.)
35A.08.120
charter code city. When so authenticated, recorded and
attested, the charter shall become the organic law of the city
and supersede any existing charter and amendments thereto
and all special laws inconsistent therewith. [1967 ex.s. c 119
§ 35A.08.110.]
35A.08.120
35A.08.120 Authentication of charter. The authentication of the charter shall be by certificate of the mayor in
substance as follows:
"I, . . . . . ., mayor of the city of . . . . . ., do hereby certify
that in accordance with the provisions of the Constitution and
statutes of the state of Washington, the city of . . . . . . caused
fifteen freeholders to be elected on the . . . . . . day of . . . . . .,
19. . . as a charter commission to prepare a charter for the
city; that due notice of that election was given in the manner
provided by law and that the following persons were declared
elected to prepare and propose a charter for the city, to wit:
................................................
That thereafter on the . . . . day of . . . . . ., 19. . . the charter commission returned a proposed charter for the city of
. . . . . . signed by the following members thereof: . . . . . .
That thereafter the proposed charter was published in
. . . . . . . . . (indicate name of newspaper in which published),
for at least once each week for four weeks next preceding the
day of submitting the same to the electors for their approval.
(Indicate dates of publication.)
That thereafter on the . . . . day of . . . . . ., 19. . ., at an
election duly called and held, the proposed charter was submitted to the qualified electors thereof, and the returns canvassed resulting as follows: For the proposed charter . . . .
votes; against the proposed charter, . . . . votes; majority for
the proposed charter, . . . . votes; whereupon the charter was
declared adopted by a majority of the qualified electors voting at the election.
I further certify that the foregoing is a full, true and complete copy of the proposed charter so voted upon and adopted
as aforesaid.
IN TESTIMONY WHEREOF, I hereunto set my hand
and affix the corporate seal of the said city at my office this
. . . . day of . . . . . ., 19. . .
..................................
Mayor of the city of . . . . . . . . . . . . . . . . . .
Attest:
....................
Clerk of the city of . . . . . . (corporate seal)."
Immediately after authentication, the authenticated charter shall be recorded by the city clerk in a book provided for
that purpose known as the charter book of the city of . . . . . .
and when so recorded shall be attested by the clerk and mayor
under the corporate seal of the city. All amendments shall be
in like manner recorded and attested.
All courts shall take judicial notice of a charter and all
amendments thereto when recorded and attested as required
in this section. [1967 ex.s. c 119 § 35A.08.120.]
[Title 35A RCW—page 11]
Chapter 35A.09
Title 35A RCW: Optional Municipal Code
Chapter 35A.09 RCW
AMENDMENT OR REVISION OF CHARTERS
OF CHARTER CODE CITIES
Chapter 35A.09
osition favor it, no further steps shall be taken in the proceedings. [1967 ex.s. c 119 § 35A.09.030.]
Sufficiency of petition in code city: RCW 35A.01.040.
Sections
35A.09.010
35A.09.020
35A.09.030
35A.09.040
35A.09.050
35A.09.060
35A.09.070
Amendment of charter—Initiated by legislative body.
Petition for submission of charter amendment.
New or revised charter—Petition—Charter commission.
Submission of new or revised charter—Election.
Publication of proposed charter.
Conduct of elections.
Effect of favorable vote.
35A.09.010 Amendment of charter—Initiated by legislative body. The charter of a charter code city may be
amended by proposals therefor submitted by resolution of the
legislative authority of such city to the electors thereof at any
general election, after publication of such proposed charter
amendment in the manner provided in chapter 35A.08 RCW
for publication of a proposed charter, and upon notice of election as provided by law. If such proposed charter amendment
is ratified by a majority of the qualified electors voting
thereon it shall become a part of the charter organic law governing such charter code city. [1967 ex.s. c 119 §
35A.09.010.]
35A.09.010
35A.09.020 Petition for submission of charter
amendment. Upon the filing with the county auditor of a
sufficient petition signed by registered voters of a charter
code city, in number equal to at least ten percent of the votes
cast at the last general municipal election, seeking the adoption of a specified charter amendment set forth in the petition,
providing for any matter within the realm of local affairs, or
municipal business, or structure of municipal government,
offices, and departments, said amendment shall be submitted
to the voters at the next general municipal election if one is to
be held within one hundred and eighty days, or at a special
election to be held for that purpose not less than ninety days,
nor more than one hundred and eighty days after the filing of
the certificate of sufficiency of the petition. The proposed
charter amendment shall be published as provided in RCW
35A.09.050. Upon approval by a majority of the registered
voters voting thereon, such amendment shall become a part
of the charter organic law governing such charter code city.
[1990 c 259 § 8; 1967 ex.s. c 119 § 35A.09.020.]
35A.09.020
Sufficiency of petition in code city: RCW 35A.01.040.
35A.09.030 New or revised charter—Petition—
Charter commission. On the petition of a number of qualified electors of a charter code city equal to ten percent of the
total votes cast at the last preceding municipal general election, the legislative body of such charter code city shall, or
without such petition, may, by resolution, cause an election to
be held for the election of a charter commission of fifteen
freeholders for the purpose of preparing a new or revised
charter for the city by altering, revising, adding to, or repealing the existing charter including all amendments thereto.
The members of the charter commission shall be qualified
and nominated as provided by chapter 35A.08 RCW. At such
election the proposition of whether or not a charter commission shall be created at all shall be separately stated on the
ballots and unless a majority of the votes cast upon that prop-
35A.09.040
35A.09.040 Submission of new or revised charter—
Election. Within ten days after the results of the election
authorized by RCW 35A.09.030 have been determined, if a
majority of the votes cast favor the proposition, the members
of the charter commission elected thereat shall convene and
prepare a new or revised charter by altering, revising, adding
to, or repealing the existing charter including all amendments
thereto and within one hundred and eighty days thereafter file
it with the county auditor. The charter commission shall be
organized, vacancies filled, alternative plans of government
considered, and a public hearing held all in the manner provided in sections of chapter 35A.08 RCW relating to charter
commissions, and the commission members shall be reimbursed for their expenses and may obtain technical and clerical assistance in the manner provided in chapter 35A.08
RCW. Upon the filing of the proposed new, altered, changed,
or revised charter with the county auditor, it shall be submitted to the registered voters of the charter code city at an election conducted as provided in RCW 35A.09.060. [1990 c
259 § 9; 1967 ex.s. c 119 § 35A.09.040.]
35A.09.050
35A.09.050 Publication of proposed charter. The
proposed new, altered, or revised charter shall be published
in the newspaper having the largest general circulation within
the city at least once each week for four weeks next preceding
the day of submitting the same to the electors for their
approval. [1985 c 469 § 41; 1967 ex.s. c 119 § 35A.09.050.]
35A.09.060
35A.09.060 Conduct of elections. The election of the
charter commission and the election upon the proposition of
adopting the proposed new, altered, or revised charter, may
be general or special elections held within the corresponding
time period specified in chapter 35A.08 RCW, and except as
herein provided, said elections, the notice specifying the
objects thereof, the returns, the canvassing, and the declaration of the result shall be governed by the laws regulating and
controlling elections in the charter code city. [1967 ex.s. c
119 § 35A.09.060.]
35A.09.030
[Title 35A RCW—page 12]
35A.09.070
35A.09.070 Effect of favorable vote. If a majority of
the voters voting upon the adoption of the proposed new,
altered, or revised charter favor it, it shall become the charter
of the charter code city and the organic law thereof, superseding any existing charter; but if any offices are abolished or
dispensed with by the new, altered, or revised charter, and
any new offices created thereby, such charter shall not go into
effect until the election and qualification of such new officers
at the next general municipal election if one is to be held
within one hundred and eighty days, or at a special election to
be held for that purpose not less than ninety days, nor more
than one hundred and eighty days after approval of such charter by the voters. [1967 ex.s. c 119 § 35A.09.070.]
(2008 Ed.)
Laws Governing Noncharter Code Cities and Charter Code Cities—Powers
Chapter 35A.10
Chapter 35A.10 RCW
ADOPTION AND ABANDONMENT OF CHARTER
CODE CITY CLASSIFICATION
Sections
35A.10.010
35A.10.020
35A.10.030
35A.10.040
Laws applicable to charter code cities.
Abandonment of charter code city classification.
Resolution or petition for change of classification—Election.
No subsequent vote for six years.
35A.11.020
35A.10.040 No subsequent vote for six years. When a
proposition for abandonment of the classification of charter
code city has been submitted to the voters of the charter code
city in an election and has been rejected by a majority of such
voters, such proposition shall not again be submitted to the
voters for six years thereafter. [1967 ex.s. c 119 §
35A.10.040.]
35A.10.040
Chapter 35A.11 RCW
LAWS GOVERNING NONCHARTER CODE CITIES
AND CHARTER CODE CITIES—POWERS
Chapter 35A.11
35A.10.010 Laws applicable to charter code cities.
The classifications of municipalities which existed prior to
the time this title goes into effect—first-class cities, secondclass cities, unclassified cities, and towns—and the restrictions, limitations, duties and obligations specifically imposed
by law upon such classes of cities and towns, shall have no
application to charter code cities, but every charter code city,
by adopting such classification, has elected to be governed by
its charter and by the provisions of this title, with the powers
thereby granted. [1994 c 81 § 70; 1967 ex.s. c 119 §
35A.10.010.]
35A.10.010
35A.10.020 Abandonment of charter code city classification. Any charter code city, which has been so classified
under the provisions of this title for more than six years may
abandon such classification and elect to be governed according to its charter under the general law relating to charter cities of the classification held by such city immediately prior to
becoming a charter code city, if any, or may elect to be governed by the general law relating to charter cities of the highest class, or other class, for which it is qualified by population. [1967 ex.s. c 119 § 35A.10.020.]
35A.10.020
Sections
35A.11.010 Rights, powers, and privileges.
35A.11.020 Powers vested in legislative bodies of noncharter and charter
code cities.
35A.11.030 Applicability of general law.
35A.11.035 Nonpolluting power generation by individual—Exemption
from regulation—Authorization to contract with utility.
35A.11.037 Hydroelectric resources—Separate legal authority—Creation
by irrigation districts and cities, towns, or public utility districts.
35A.11.040 Intergovernmental cooperation and action.
35A.11.050 Statement of purpose and policy.
35A.11.060 Participation in Economic Opportunity Act programs.
35A.11.070 Tourist promotion.
35A.11.080 Initiative and referendum—Election to exercise—Restriction
or abandonment.
35A.11.090 Initiative and referendum—Effective date of ordinances—
Exceptions.
35A.11.100 Initiative and referendum—Exercise of powers.
35A.11.110 Members of legislative bodies authorized to serve as volunteer
firefighters, volunteer ambulance personnel, or reserve law
enforcement officers.
35A.11.200 Criminal code repeal by city operating municipal court—
Agreement covering costs of handling resulting criminal
cases—Arbitration.
35A.11.210 Juvenile curfews.
35A.11.010 Rights, powers, and privileges. Each city
governed under this optional municipal code, whether charter
or noncharter, shall be entitled "City of . . . . . ." (naming it),
and by such name shall have perpetual succession; may sue
and be sued in all courts and proceedings; use a corporate seal
approved by its legislative body; and, by and through its legislative body, such municipality may contract and be contracted with; may purchase, lease, receive, or otherwise
acquire real and personal property of every kind, and use,
enjoy, hold, lease, control, convey or otherwise dispose of it
for the common benefit. [1967 ex.s. c 119 § 35A.11.010.]
35A.11.010
35A.10.030 Resolution or petition for change of classification—Election. Upon the passage of a resolution of the
legislative body of a charter code city, or upon the filing with
the county auditor of a sufficient petition signed by registered
voters of a charter code city in number equal to not less than
ten percent of the votes cast at the last general municipal election therein, proposing abandonment of the classification of
charter code city and that the city be governed under its charter and the general law relating to cities of the classification
named in the petition or resolution, the legislative body
thereof shall cause the propositions to be submitted to the
voters at the next general municipal election if one is to be
held within one hundred and eighty days or at a special election to be held for that purpose not less than ninety days nor
more than one hundred and eighty days after the passage of
the resolution or the filing of the certificate of sufficiency of
the petition. Notice of election shall be given, the election
conducted, and results declared generally as provided in
chapter 35A.02 RCW, insofar as such provisions are applicable. If a majority of the votes cast upon such proposition are
in favor of abandonment of the classification of charter code
city, upon the certification of the record of election to the
office of the secretary of state, such charter city shall be classified as a city of the class selected and shall be governed by
the laws relating thereto. [1990 c 259 § 10; 1967 ex.s. c 119
§ 35A.10.030.]
35A.10.030
Sufficiency of petition in code city: RCW 35A.01.040.
(2008 Ed.)
35A.11.020 Powers vested in legislative bodies of
noncharter and charter code cities. The legislative body of
each code city shall have power to organize and regulate its
internal affairs within the provisions of this title and its charter, if any; and to define the functions, powers, and duties of
its officers and employees; within the limitations imposed by
vested rights, to fix the compensation and working conditions
of such officers and employees and establish and maintain
civil service, or merit systems, retirement and pension systems not in conflict with the provisions of this title or of existing charter provisions until changed by the people: PROVIDED, That nothing in this section or in this title shall permit any city, whether a code city or otherwise, to enact any
provisions establishing or respecting a merit system or system of civil service for firefighters and police officers which
does not substantially accomplish the same purpose as pro35A.11.020
[Title 35A RCW—page 13]
35A.11.030
Title 35A RCW: Optional Municipal Code
vided by general law in chapter 41.08 RCW for firefighters
and chapter 41.12 RCW for police officers now or as hereafter amended, or enact any provision establishing or respecting a pension or retirement system for firefighters or police
officers which provides different pensions or retirement benefits than are provided by general law for such classes.
Such body may adopt and enforce ordinances of all kinds
relating to and regulating its local or municipal affairs and
appropriate to the good government of the city, and may
impose penalties of fine not exceeding five thousand dollars
or imprisonment for any term not exceeding one year, or
both, for the violation of such ordinances, constituting a misdemeanor or gross misdemeanor as provided therein. However, the punishment for any criminal ordinance shall be the
same as the punishment provided in state law for the same
crime. Such a body alternatively may provide that violation
of such ordinances constitutes a civil violation subject to
monetary penalty, but no act which is a state crime may be
made a civil violation.
The legislative body of each code city shall have all
powers possible for a city or town to have under the Constitution of this state, and not specifically denied to code cities
by law. By way of illustration and not in limitation, such
powers may be exercised in regard to the acquisition, sale,
ownership, improvement, maintenance, protection, restoration, regulation, use, leasing, disposition, vacation, abandonment or beautification of public ways, real property of all
kinds, waterways, structures, or any other improvement or
use of real or personal property, in regard to all aspects of collective bargaining as provided for and subject to the provisions of chapter 41.56 RCW, as now or hereafter amended,
and in the rendering of local social, cultural, recreational,
educational, governmental, or corporate services, including
operating and supplying of utilities and municipal services
commonly or conveniently rendered by cities or towns.
In addition and not in limitation, the legislative body of
each code city shall have any authority ever given to any
class of municipality or to all municipalities of this state
before or after the enactment of this title, such authority to be
exercised in the manner provided, if any, by the granting statute, when not in conflict with this title. Within constitutional
limitations, legislative bodies of code cities shall have within
their territorial limits all powers of taxation for local purposes
except those which are expressly preempted by the state as
provided in RCW 66.08.120, 82.36.440, 48.14.020, and
48.14.080. [2007 c 218 § 66; 1993 c 83 § 8; 1986 c 278 § 7;
1984 c 258 § 807; 1969 ex.s. c 29 § 1; 1967 ex.s. c 119 §
35A.11.020.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Effective date—1993 c 83: See note following RCW 35.21.163.
Severability—1986 c 278: See note following RCW 36.01.010.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Effective date—1969 ex.s. c 29: "The effective date of this act is July
1, 1969." [1969 ex.s. c 29 § 2.]
35A.11.030 Applicability of general law. Powers of
eminent domain, borrowing, taxation, and the granting of
franchises may be exercised by the legislative bodies of code
cities in the manner provided in this title or by the general law
of the state where not inconsistent with this title; and the
duties to be performed and the procedure to be followed by
such cities in regard to the keeping of accounts and records,
official bonds, health and safety and other matters not specifically provided for in this title, shall be governed by the general law. For the purposes of this title, "the general law"
means any provision of state law, not inconsistent with this
title, enacted before or after the passage of this title which is
by its terms applicable or available to all cities or towns.
[1967 ex.s. c 119 § 35A.11.030.]
35A.11.035 Nonpolluting power generation by individual—Exemption from regulation—Authorization to
contract with utility. See chapter 80.58 RCW.
35A.11.035
35A.11.037 Hydroelectric resources—Separate legal
authority—Creation by irrigation districts and cities,
towns, or public utility districts. See RCW 87.03.825
through 87.03.840.
35A.11.037
35A.11.040 Intergovernmental cooperation and
action. The legislative body of a code city may exercise any
of its powers or perform any of its functions including purchasing, and participate in the financing thereof, jointly or in
cooperation, as provided for in chapter 39.34 RCW. The legislative body of a code city shall have power to accept any
gift or grant for any public purpose and may carry out any
conditions of such gift or grant when not in conflict with state
or federal law. [1979 ex.s. c 18 § 17; 1967 ex.s. c 119 §
35A.11.040.]
35A.11.040
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.11.050 Statement of purpose and policy. The
general grant of municipal power conferred by this chapter
and this title on legislative bodies of noncharter code cities
and charter code cities is intended to confer the greatest
power of local self-government consistent with the Constitution of this state and shall be construed liberally in favor of
such cities. Specific mention of a particular municipal power
or authority contained in this title or in the general law shall
be construed as in addition and supplementary to, or explanatory of the powers conferred in general terms by this chapter. [1967 ex.s. c 119 § 35A.11.050.]
35A.11.050
35A.11.060 Participation in Economic Opportunity
Act programs. The legislative body of any city or town is
hereby authorized and empowered in its discretion by resolution or ordinance passed by a majority of the legislative body,
to take whatever action it deems necessary to enable the city
or town to participate in the programs set forth in the Economic Opportunity Act of 1964 (Public Law 88-452; 78 Stat.
508), as amended. Such participation may be engaged in as a
sole city or town operation or in conjunction or cooperation
with the state, any other city or town, county, or municipal
corporation, or any private corporation qualified under said
Economic Opportunity Act. [1971 ex.s. c 177 § 4.]
35A.11.060
35A.11.030
[Title 35A RCW—page 14]
35A.11.070 Tourist promotion. See RCW 35.21.700.
35A.11.070
35A.11.080 Initiative and referendum—Election to
exercise—Restriction or abandonment. The qualified
35A.11.080
(2008 Ed.)
Mayor-Council Plan of Government
electors or legislative body of a noncharter code city may
provide for the exercise in their city of the powers of initiative and referendum, upon electing so to do in the manner
provided for changing the classification of a city or town in
R C W 3 5 A .0 2 . 0 2 0 , 3 5 A . 0 2 . 0 2 5 , 3 5 A . 0 2 . 0 3 0 , a n d
35A.02.035, as now or hereafter amended.
The exercise of such powers may be restricted or abandoned upon electing so to do in the manner provided for
abandoning the plan of government of a noncharter code city
in RCW 35A.06.030, 35A.06.040, 35A.06.050, and
35A.06.060, as now or hereafter amended. [1979 ex.s. c 18 §
18; 1973 1st ex.s. c 81 § 1.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
Imposition or increase of business and occupation tax—Referendum procedure required—Exclusive procedure: RCW 35.21.706.
Initiative and referendum petitions: RCW 35A.29.170.
35A.11.090 Initiative and referendum—Effective
date of ordinances—Exceptions. Ordinances of noncharter
code cities the qualified electors of which have elected to
exercise the powers of initiative and referendum shall not go
into effect before thirty days from the time of final passage
and are subject to referendum during the interim except:
(1) Ordinances initiated by petition;
(2) Ordinances necessary for immediate preservation of
public peace, health, and safety or for the support of city government and its existing public institutions which contain a
statement of urgency and are passed by unanimous vote of
the council;
(3) Ordinances providing for local improvement districts;
(4) Ordinances appropriating money;
(5) Ordinances providing for or approving collective
bargaining;
(6) Ordinances providing for the compensation of or
working conditions of city employees; and
(7) Ordinances authorizing or repealing the levy of taxes;
which excepted ordinances shall go into effect as provided by
the general law or by applicable sections of Title 35A RCW
as now or hereafter amended. [1973 1st ex.s. c 81 § 2.]
35A.11.090
35A.11.100 Initiative and referendum—Exercise of
powers. Except as provided in RCW 35A.11.090, and
except that the number of registered voters needed to sign a
petition for initiative or referendum shall be fifteen percent of
the total number of names of persons listed as registered voters within the city on the day of the last preceding city general
election, the powers of initiative and referendum in noncharter code cities shall be exercised in the manner set forth for
the commission form of government in RCW 35.17.240
through 35.17.360, as now or hereafter amended. [1973 1st
ex.s. c 81 § 3.]
35A.11.100
Sufficiency of petition in code city: RCW 35A.01.040.
35A.11.110 Members of legislative bodies authorized
to serve as volunteer firefighters, volunteer ambulance
personnel, or reserve law enforcement officers. Notwithstanding any other provision of law, the legislative body of
any code city, by resolution adopted by a two-thirds vote of
the full legislative body, may authorize any of its members to
35A.11.110
(2008 Ed.)
Chapter 35A.12
serve as volunteer firefighters, volunteer ambulance personnel, or reserve law enforcement officers, or two or more of
such positions, and to receive the same compensation, insurance, and other benefits as are applicable to other volunteer
firefighters, volunteer ambulance personnel, or reserve law
enforcement officers employed by the code city. [2005 c 38
§ 1; 1993 c 303 § 2; 1974 ex.s. c 60 § 2.]
35A.11.200 Criminal code repeal by city operating
municipal court—Agreement covering costs of handling
resulting criminal cases—Arbitration. A code city operating a municipal court may not repeal in its entirety that portion of its municipal code defining crimes unless the municipality has reached an agreement with the appropriate county
under chapter 39.34 RCW under which the county is to be
paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in
district court as a result of the repeal. The agreement shall
include provisions for periodic review and renewal of the
terms of the agreement. If the municipality and the county
are unable to agree on the terms for renewal of the agreement,
they shall be deemed to have entered into an agreement to
submit the issue to arbitration under chapter 7.04A RCW.
Pending conclusion of the arbitration proceeding, the terms
of the agreement shall remain in effect. The municipality and
the county have the same rights and are subject to the same
duties as other parties who have agreed to submit to arbitration under chapter 7.04A RCW. [2005 c 433 § 42; 1984 c
258 § 209.]
35A.11.200
Application—Captions not law—Savings—Effective date—2005 c
433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
35A.11.210 Juvenile curfews. (1) Any code city has
the authority to enact an ordinance, for the purpose of preserving the public safety or reducing acts of violence by or
against juveniles that are occurring at such rates as to be
beyond the capacity of the police to assure public safety,
establishing times and conditions under which juveniles may
be present on the public streets, in the public parks, or in any
other public place during specified hours.
(2) The ordinance shall not contain any criminal sanctions for a violation of the ordinance. [1994 sp.s. c 7 § 503.]
35A.11.210
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Chapter 35A.12 RCW
MAYOR-COUNCIL PLAN OF GOVERNMENT
Chapter 35A.12
Sections
35A.12.010
35A.12.020
35A.12.030
35A.12.040
35A.12.050
35A.12.060
35A.12.065
35A.12.070
35A.12.080
35A.12.090
35A.12.100
35A.12.110
Elective city officers—Size of council.
Appointive officers—Duties—Compensation.
Eligibility to hold elective office.
Elections—Terms of elective officers—Numbering of council
positions.
Vacancies.
Vacancy for nonattendance.
Pro tempore appointments.
Compensation of elective officers—Expenses.
Oath and bond of officers.
Appointment and removal of officers—Terms.
Duties and authority of the mayor—Veto—Tie-breaking vote.
Council meetings.
[Title 35A RCW—page 15]
35A.12.010
Title 35A RCW: Optional Municipal Code
35A.12.120
35A.12.130
35A.12.140
35A.12.150
35A.12.160
Council—Quorum—Rules—Voting.
Ordinances—Style—Requisites—Veto.
Adoption of codes by reference.
Ordinances—Authentication and recording.
Publication of ordinances or summary—Public notice of hearings and meeting agendas.
35A.12.170 Audit and allowance of demands against city.
35A.12.180 Optional division of city into wards.
35A.12.190 Powers of council.
35A.12.010 Elective city officers—Size of council.
The government of any noncharter code city or charter code
city electing to adopt the mayor-council plan of government
authorized by this chapter shall be vested in an elected mayor
and an elected council. The council of a noncharter code city
having less than twenty-five hundred inhabitants shall consist
of five members; when there are twenty-five hundred or more
inhabitants, the council shall consist of seven members. A
city with a population of less than twenty-five hundred at the
time of reclassification as an optional municipal code city
may choose to maintain a seven-member council. The decision concerning the number of councilmembers shall be
made by the council and be incorporated as a section of the
ordinance adopting for the city the classification of noncharter code city. If the population of a city after having become
a code city decreases from twenty-five hundred or more to
less than twenty-five hundred, it shall continue to have a
seven member council. If, after a city has become a mayorcouncil code city, its population increases to twenty-five hundred or more inhabitants, the number of councilmanic offices
in such city may increase from five to seven members upon
the affirmative vote of a majority of the existing council to
increase the number of councilmanic offices in the city.
When the population of a mayor-council code city having
five councilmanic offices increases to five thousand or more
inhabitants, the number of councilmanic offices in the city
shall increase from five to seven members. In the event of an
increase in the number of councilmanic offices, the city council shall, by majority vote, pursuant to RCW 35A.12.050,
appoint two persons to serve in these offices until the next
municipal general election, at which election one person shall
be elected for a two-year term and one person shall be elected
for a four-year term. The number of inhabitants shall be
determined by the most recent official state or federal census
or determination by the state office of financial management.
A charter adopted under the provisions of this title, incorporating the mayor-council plan of government set forth in this
chapter, may provide for an uneven number of councilmembers not exceeding eleven.
A noncharter code city of less than five thousand inhabitants which has elected the mayor-council plan of government and which has seven councilmanic offices may establish a five-member council in accordance with the following
procedure. At least six months prior to a municipal general
election, the city council shall adopt an ordinance providing
for reduction in the number of councilmanic offices to five.
The ordinance shall specify which two councilmanic offices,
the terms of which expire at the next general election, are to
be terminated. The ordinance shall provide for the renumbering of council positions and shall also provide for a two-year
extension of the term of office of a retained councilmanic
office, if necessary, in order to comply with RCW
35A.12.040.
35A.12.010
[Title 35A RCW—page 16]
However, a noncharter code city that has retained its old
mayor-council plan of government, as provided in RCW
35A.02.130, is subject to the laws applicable to that old plan
of government. [1997 c 361 § 6; 1994 c 223 § 30; 1994 c 81
§ 71; 1985 c 106 § 1; 1983 c 128 § 1; 1979 ex.s. c 18 § 19;
1979 c 151 § 33; 1967 ex.s. c 119 § 35A.12.010.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
Population determinations, office of financial management: Chapter 43.62
RCW.
35A.12.020 Appointive officers—Duties—Compensation. The appointive officers shall be those provided for by
charter or ordinance and shall include a city clerk and a chief
law enforcement officer. The office of city clerk may be
merged with that of a city treasurer, if any, with an appropriate title designated therefor. Provision shall be made for
obtaining legal counsel for the city, either by appointment of
a city attorney on a full-time or part-time basis, or by any reasonable contractual arrangement for such professional services. The authority, duties and qualifications of all appointive officers shall be prescribed by charter or ordinance, consistent with the provisions of this title, and any amendments
thereto, and the compensation of appointive officers shall be
prescribed by ordinance: PROVIDED, That the compensation of an appointed municipal judge shall be within applicable statutory limits. [1987 c 3 § 14; 1967 ex.s. c 119 §
35A.12.020.]
35A.12.020
Severability—1987 c 3: See note following RCW 3.70.010.
35A.12.030 Eligibility to hold elective office. No person shall be eligible to hold elective office under the mayorcouncil plan unless the person is a registered voter of the city
at the time of filing his declaration of candidacy and has been
a resident of the city for a period of at least one year next preceding his election. Residence and voting within the limits of
any territory which has been included in, annexed to, or consolidated with such city is construed to have been residence
within the city. A mayor or councilman shall hold within the
city government no other public office or employment except
as permitted under the provisions of chapter 42.23 RCW.
[1979 ex.s. c 18 § 20; 1967 ex.s. c 119 § 35A.12.030.]
35A.12.030
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.12.040 Elections—Terms of elective officers—
Numbering of council positions. Officers shall be elected at
biennial municipal elections to be conducted as provided in
chapter 35A.29 RCW. The mayor and the councilmembers
shall be elected for four-year terms of office and until their
successors are elected and qualified and assume office in
accordance with *RCW 29.04.170. At any first election upon
reorganization, councilmembers shall be elected as provided
in RCW 35A.02.050. Thereafter the requisite number of
councilmembers shall be elected biennially as the terms of
their predecessors expire and shall serve for terms of four
years. The positions to be filled on the city council shall be
designated by consecutive numbers and shall be dealt with as
separate offices for all election purposes. Election to positions on the council shall be by majority vote from the city at
large, unless provision is made by charter or ordinance for
election by wards. The mayor and councilmembers shall
35A.12.040
(2008 Ed.)
Mayor-Council Plan of Government
qualify by taking an oath or affirmation of office and as may
be provided by law, charter, or ordinance. [1994 c 223 § 31;
1979 ex.s. c 18 § 21; 1970 ex.s. c 52 § 3; 1967 ex.s. c 119 §
35A.12.040.]
*Reviser’s note: RCW 29.04.170 was recodified as RCW 29A.20.040
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.12.050 Vacancies. The office of a mayor or councilmember shall become vacant if the person who is elected
or appointed to that position fails to qualify as provided by
law, fails to enter upon the duties of that office at the time
fixed by law without a justifiable reason, or as provided in
RCW 35A.12.060 or 42.12.010. A vacancy in the office of
mayor or in the council shall be filled as provided in chapter
42.12 RCW. An incumbent councilmember is eligible to be
appointed to fill a vacancy in the office of mayor. [2008 c 50
§ 4; 1994 c 223 § 32; 1967 ex.s. c 119 § 35A.12.050.]
35A.12.050
35A.12.060 Vacancy for nonattendance. In addition a
council position shall become vacant if the councilmember
fails to attend three consecutive regular meetings of the council without being excused by the council. [1994 c 223 § 33;
1967 ex.s. c 119 § 35A.12.060.]
35A.12.060
35A.12.090
lows: In cities having less than five thousand inhabitants, the
mayor shall be entitled to a salary of one hundred and fifty
dollars per calendar month and a councilman shall be entitled
to twenty dollars per meeting for not more than two meetings
per month; in cities having more than five thousand but less
than fifteen thousand inhabitants, the mayor shall be entitled
to a salary of three hundred and fifty dollars per calendar
month and a councilman shall be entitled to one hundred and
fifty dollars per calendar month; in cities having more than
fifteen thousand inhabitants, the mayor shall be entitled to a
salary of twelve hundred and fifty dollars per calendar month
and a councilman shall be entitled to four hundred dollars per
calendar month: PROVIDED, That such interim compensation shall remain in effect only until a salary ordinance is
passed and becomes effective as to such officers, and the
amounts herein provided shall not be construed as fixing the
usual salary of such officers. The mayor and councilmen
shall receive reimbursement for their actual and necessary
expenses incurred in the performance of the duties of their
office, or the council by ordinance may provide for a per
diem allowance. Procedure for approval of claims for
expenses shall be as provided by ordinance. [1971 ex.s. c 251
§ 5; 1967 ex.s. c 119 § 35A.12.070.]
Severability—1971 ex.s. c 251: See RCW 35A.90.050.
Limitations on salaries: State Constitution Art. 11 § 8.
35A.12.065 Pro tempore appointments. Biennially at
the first meeting of a new council, or periodically, the members thereof, by majority vote, may designate one of their
number as mayor pro tempore or deputy mayor for such
period as the council may specify, to serve in the absence or
temporary disability of the mayor; or, in lieu thereof, the
council may, as the need may arise, appoint any qualified person to serve as mayor pro tempore in the absence or temporary disability of the mayor. In the event of the extended
excused absence or disability of a councilman, the remaining
members by majority vote may appoint a councilman pro
tempore to serve during the absence or disability. [1967 ex.s.
c 119 § 35A.12.065.]
35A.12.065
35A.12.070 Compensation of elective officers—
Expenses. The salaries of the mayor and the councilmen
shall be fixed by ordinance and may be revised from time to
time by ordinance, but any increase in the compensation
attaching to an office shall not be applicable to the term then
being served by the incumbent if such incumbent is a member
of the city legislative body fixing his own compensation or as
mayor in a mayor-council code city casts a tie-breaking vote
relating to such ordinance: PROVIDED, That if the mayor of
such a city does not cast such a vote, his salary may be
increased during his term of office.
Until the first elective officers under this mayor-council
plan of government may lawfully be paid the compensation
provided by such salary ordinance, such officers shall be entitled to be compensated in the same manner and in the same
amount as the compensation paid to officers of such city performing comparable services immediately prior to adoption
of this mayor-council plan.
Until a salary ordinance can be passed and become effective as to elective officers of a newly incorporated code city,
such first officers shall be entitled to compensation as fol35A.12.070
(2008 Ed.)
35A.12.080 Oath and bond of officers. Any officer
before entering upon the performance of his duties may be
required to take an oath or affirmation as prescribed by charter or by ordinance for the faithful performance of his duties.
The oath or affirmation shall be filed with the county auditor.
The clerk, treasurer, if any, chief of police, and such other
officers or employees as may be designated by ordinance or
by charter shall be required to furnish annually an official
bond conditioned on the honest and faithful performance of
their official duties. The terms and penalty of official bonds
and the surety therefor shall be prescribed by ordinance or
charter and the bond shall be approved by the chief administrative officer of the city. The premiums on such bonds shall
be paid by the city. When the furnishing of an official bond is
required of an officer or employee, compliance with such
provisions shall be an essential part of qualification for
office. [1986 c 167 § 20; 1967 ex.s. c 119 § 35A.12.080.]
35A.12.080
Severability—1986 c 167: See note following RCW 29A.04.049.
35A.12.090 Appointment and removal of officers—
Terms. The mayor shall have the power of appointment and
removal of all appointive officers and employees subject to
any applicable law, rule, or regulation relating to civil service. The head of a department or office of the city government may be authorized by the mayor to appoint and remove
subordinates in such department or office, subject to any
applicable civil service provisions. All appointments of city
officers and employees shall be made on the basis of ability
and training or experience of the appointees in the duties they
are to perform, from among persons having such qualifications as may be prescribed by ordinance or by charter, and in
compliance with provisions of any merit system applicable to
such city. Confirmation by the city council of appointments
of officers and employees shall be required only when the
35A.12.090
[Title 35A RCW—page 17]
35A.12.100
Title 35A RCW: Optional Municipal Code
city charter, or the council by ordinance, provides for confirmation of such appointments. Confirmation of mayoral
appointments by the council may be required by the council
in any instance where qualifications for the office or position
have not been established by ordinance or charter provision.
Appointive offices shall be without definite term unless a
term is established for such office by law, charter or ordinance. [1987 c 3 § 15; 1967 ex.s. c 119 § 35A.12.090.]
Severability—1987 c 3: See note following RCW 3.70.010.
35A.12.100 Duties and authority of the mayor—
Veto—Tie-breaking vote. The mayor shall be the chief
executive and administrative officer of the city, in charge of
all departments and employees, with authority to designate
assistants and department heads. The mayor may appoint and
remove a chief administrative officer or assistant administrative officer, if so provided by ordinance or charter. He shall
see that all laws and ordinances are faithfully enforced and
that law and order is maintained in the city, and shall have
general supervision of the administration of city government
and all city interests. All official bonds and bonds of contractors with the city shall be submitted to the mayor or such person as he may designate for approval or disapproval. He shall
see that all contracts and agreements made with the city or for
its use and benefit are faithfully kept and performed, and to
this end he may cause any legal proceedings to be instituted
and prosecuted in the name of the city, subject to approval by
majority vote of all members of the council. The mayor shall
preside over all meetings of the city council, when present,
but shall have a vote only in the case of a tie in the votes of
the councilmen with respect to matters other than the passage
of any ordinance, grant, or revocation of franchise or license,
or any resolution for the payment of money. He shall report
to the council concerning the affairs of the city and its financial and other needs, and shall make recommendations for
council consideration and action. He shall prepare and submit
to the council a proposed budget, as required by chapter
35A.33 RCW. The mayor shall have the power to veto ordinances passed by the council and submitted to him as provided in RCW 35A.12.130 but such veto may be overridden
by the vote of a majority of all council members plus one
more vote. The mayor shall be the official and ceremonial
head of the city and shall represent the city on ceremonial
occasions, except that when illness or other duties prevent the
mayor’s attendance at an official function and no mayor pro
tempore has been appointed by the council, a member of the
council or some other suitable person may be designated by
the mayor to represent the city on such occasion. [1979 ex.s.
c 18 § 22; 1967 ex.s. c 119 § 35A.12.100.]
35A.12.100
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.12.110 Council meetings. The city council and
mayor shall meet regularly, at least once a month, at a place
and at such times as may be designated by the city council.
All final actions on resolutions and ordinances must take
place within the corporate limits of the city. Special meetings
may be called by the mayor or any three members of the
council by written notice delivered to each member of the
council at least twenty-four hours before the time specified
for the proposed meeting. All actions that have heretofore
35A.12.110
[Title 35A RCW—page 18]
been taken at special council meetings held pursuant to this
section, but for which the number of hours of notice given has
been at variance with requirements of RCW 42.30.080, are
hereby validated. All council meetings shall be open to the
public except as permitted by chapter 42.30 RCW. No ordinance or resolution shall be passed, or contract let or entered
into, or bill for the payment of money allowed at any meeting
not open to the public, nor at any public meeting the date of
which is not fixed by ordinance, resolution, or rule, unless
public notice of such meeting has been given by such notice
to each local newspaper of general circulation and to each
local radio or television station, as provided in RCW
42.30.080 as now or hereafter amended. Meetings of the
council shall be presided over by the mayor, if present, or
otherwise by the mayor pro tempore, or deputy mayor if one
has been appointed, or by a member of the council selected
by a majority of the council members at such meeting.
Appointment of a council member to preside over the meeting shall not in any way abridge his right to vote on matters
coming before the council at such meeting. In the absence of
the clerk, a deputy clerk or other qualified person appointed
by the clerk, the mayor, or the council, may perform the
duties of clerk at such meeting. A journal of all proceedings
shall be kept, which shall be a public record. [1993 c 199 §
3; 1979 ex.s. c 18 § 23; 1967 ex.s. c 119 § 35A.12.110.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.12.120 Council—Quorum—Rules—Voting. At
all meetings of the council a majority of the councilmen shall
constitute a quorum for the transaction of business, but a less
number may adjourn from time to time and may compel the
attendance of absent members in such manner and under such
penalties as may be prescribed by ordinance. The council
shall determine its own rules and order of business, and may
establish rules for the conduct of council meetings and the
maintenance of order. At the desire of any member, any question shall be voted upon by roll call and the ayes and nays
shall be recorded in the journal.
The passage of any ordinance, grant or revocation of
franchise or license, and any resolution for the payment of
money shall require the affirmative vote of at least a majority
of the whole membership of the council. [1967 ex.s. c 119 §
35A.12.120.]
35A.12.120
35A.12.130 Ordinances—Style—Requisites—Veto.
The enacting clause of all ordinances shall be as follows:
"The city council of the city of . . . . . . do ordain as follows:"
No ordinance shall contain more than one subject and that
must be clearly expressed in its title.
No ordinance or any section or subsection thereof shall
be revised or amended unless the new ordinance sets forth the
revised ordinance or the amended section or subsection at full
length.
No ordinance shall take effect until five days after the
date of its publication unless otherwise provided by statute or
charter, except that an ordinance passed by a majority plus
one of the whole membership of the council, designated
therein as a public emergency ordinance necessary for the
protection of public health, public safety, public property or
the public peace, may be made effective upon adoption, but
35A.12.130
(2008 Ed.)
Mayor-Council Plan of Government
such ordinance may not levy taxes, grant, renew, or extend a
franchise, or authorize the borrowing of money.
Every ordinance which passes the council in order to
become valid must be presented to the mayor; if he approves
it, he shall sign it, but if not, he shall return it with his written
objections to the council and the council shall cause his
objections to be entered at large upon the journal and proceed
to a reconsideration thereof. If upon reconsideration a majority plus one of the whole membership, voting upon a call of
ayes and nays, favor its passage, the ordinance shall become
valid notwithstanding the mayor’s veto. If the mayor fails for
ten days to either approve or veto an ordinance, it shall
become valid without his approval. Ordinances shall be
signed by the mayor and attested by the clerk. [1967 ex.s. c
119 § 35A.12.130.]
35A.12.140 Adoption of codes by reference. Ordinances may by reference adopt Washington state statutes and
state, county, or city codes, regulations, or ordinances or any
standard code of technical regulations, or portions thereof,
including, for illustrative purposes but not limited to, fire
codes and codes or ordinances relating to the construction of
buildings, the installation of plumbing, the installation of
electric wiring, health and sanitation, the slaughtering, processing, and selling of meats and meat products for human
consumption, the production, pasteurizing, and sale of milk
and milk products, or other subjects, together with amendments thereof or additions thereto, on the subject of the ordinance. Such Washington state statutes or codes or other codes
or compilations so adopted need not be published in a newspaper as provided in RCW 35A.12.160, but the adopting
ordinance shall be so published and a copy of any such
adopted statute, ordinance, or code, or portion thereof, with
amendments or additions, if any, in the form in which it was
adopted, shall be filed in the office of the city clerk for use
and examination by the public. While any such statute, code,
or compilation is under consideration by the council prior to
adoption, not less than one copy thereof shall be filed in the
office of the city clerk for examination by the public. [1995
c 71 § 1; 1982 c 226 § 2; 1967 ex.s. c 119 § 35A.12.140.]
35A.12.140
Effective date—1982 c 226: See note following RCW 35.21.180.
35A.12.150 Ordinances—Authentication and
recording. The city clerk shall authenticate by his signature
and record in full in a properly indexed book kept for the purpose all ordinances and resolutions adopted by the council.
Such book, or copies of ordinances and resolutions, shall be
available for inspection by the public at reasonable times and
under reaso nab le cond itions. [19 67 ex.s. c 119 §
35A.12.150.]
35A.12.150
35A.12.160 Publication of ordinances or summary—
Public notice of hearings and meeting agendas. Promptly
after adoption, the text of each ordinance or a summary of the
content of each ordinance shall be published at least once in
the city’s official newspaper.
For purposes of this section, a summary shall mean a
brief description which succinctly describes the main points
of the ordinance. Publication of the title of an ordinance
authorizing the issuance of bonds, notes, or other evidences
35A.12.160
(2008 Ed.)
35A.12.180
of indebtedness shall constitute publication of a summary of
that ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.
An inadvertent mistake or omission in publishing the
text or a summary of the content of an ordinance shall not
render the ordinance invalid.
In addition to the requirement that a city publish the text
or a summary of the content of each adopted ordinance, every
city shall establish a procedure for notifying the public of
upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but
not be limited to, written notification to the city’s official
newspaper, publication of a notice in the official newspaper,
posting of upcoming council meeting agendas, or such other
processes as the city determines will satisfy the intent of this
requirement. [1994 c 273 § 15; 1988 c 168 § 7; 1987 c 400 §
3; 1985 c 469 § 42; 1967 ex.s. c 119 § 35A.12.160.]
35A.12.170 Audit and allowance of demands against
city. All demands against a code city shall be presented and
audited in accordance with such regulations as may be prescribed by charter or ordinance; and upon the allowance of a
demand, the clerk shall draw a warrant upon the treasurer for
it, which warrant shall be countersigned by the mayor, or
such person as he may designate, and shall specify the fund
from which it is to be paid; or, payment may be made by a
bank check when authorized by the legislative body of the
code city under authority granted by RCW 35A.40.020,
which check shall bear the signatures of the officers designated by the legislative body as required signatories of
checks of such city, and shall specify the fund from which it
is to be paid. [1967 ex.s. c 119 § 35A.12.170.]
35A.12.170
35A.12.180 Optional division of city into wards. At
any time not within three months previous to a municipal
general election the council of a noncharter code city organized under this chapter may divide the city into wards or
change the boundaries of existing wards. No change in the
boundaries of wards shall affect the term of any councilmember, and councilmembers shall serve out their terms in the
wards of their residences at the time of their elections: PROVIDED, That if this results in one ward being represented by
more councilmembers than the number to which it is entitled
those having the shortest unexpired terms shall be assigned
by the council to wards where there is a vacancy, and the
councilmembers so assigned shall be deemed to be residents
of the wards to which they are assigned for purposes of those
positions being vacant. The representation of each ward in
the city council shall be in proportion to the population as
nearly as is practicable.
Wards shall be redrawn as provided in *chapter 29.70
RCW. Wards shall be used as follows: (1) Only a resident of
the ward may be a candidate for, or hold office as, a councilmember of the ward; and (2) only voters of the ward may
vote at a primary to nominate candidates for a councilmember of the ward. Voters of the entire city may vote at the general election to elect a councilmember of a ward, unless the
city had prior to January 1, 1994, limited the voting in the
general election for any or all council positions to only voters
35A.12.180
[Title 35A RCW—page 19]
35A.12.190
Title 35A RCW: Optional Municipal Code
residing within the ward associated with the council positions. If a city had so limited the voting in the general election
to only voters residing within the ward, then the city shall be
authorized to continue to do so. [1994 c 223 § 34; 1967 ex.s.
c 119 § 35A.12.180.]
*Reviser’s note: Chapter 29.70 RCW was recodified as chapter
29A.76 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.
35A.12.190 Powers of council. The council of any
code city organized under the mayor-council plan of government provided in this chapter shall have the powers and
authority granted to the legislative bodies of cities governed
by this title, as more particularly described in chapter 35A.11
RCW. [1967 ex.s. c 119 § 35A.12.190.]
35A.12.190
Chapter 35A.13 RCW
COUNCIL-MANAGER PLAN OF GOVERNMENT
Chapter 35A.13
Sections
35A.13.010 City officers—Size of council.
35A.13.020 Election of councilmen—Eligibility—Terms—Vacancies—
Forfeiture of office—Council chairman.
35A.13.030 Mayor—Election—Chairman to be mayor—Duties.
35A.13.033 Election on proposition to designate person elected to position
one as chairman—Subsequent holders of position one to be
chairman.
35A.13.035 Mayor pro tempore or deputy mayor.
35A.13.040 Compensation of councilmen—Expenses.
35A.13.050 City manager—Qualifications.
35A.13.060 City manager may serve two or more cities.
35A.13.070 City manager—Bond and oath.
35A.13.080 City manager—Powers and duties.
35A.13.090 Creation of departments, offices, and employment—Compensation.
35A.13.100 City manager—Department heads—Authority.
35A.13.110 City manager—Appointment of subordinates—Qualifications—Terms.
35A.13.120 City manager—Interference by council members.
35A.13.130 City manager—Removal—Resolution and notice.
35A.13.140 City manager—Removal—Reply and hearing.
35A.13.150 City manager—Substitute.
35A.13.160 Oath and bond of officers.
35A.13.170 Council meetings—Quorum—Rules—Voting.
35A.13.180 Adoption of codes by reference.
35A.13.190 Ordinances—Style—Requisites—Veto.
35A.13.200 Authentication, recording and publication of ordinances.
35A.13.210 Audit and allowance of demands against city.
35A.13.220 Optional division of city into wards.
35A.13.230 Powers of council.
35A.13.010 City officers—Size of council. The councilmembers shall be the only elective officers of a code city
electing to adopt the council-manager plan of government
authorized by this chapter, except where statutes provide for
an elective municipal judge. The council shall appoint an
officer whose title shall be "city manager" who shall be the
chief executive officer and head of the administrative branch
of the city government. The city manager shall be responsible
to the council for the proper administration of all affairs of
the code city. The council of a noncharter code city having
less than twenty-five hundred inhabitants shall consist of five
members; when there are twenty-five hundred or more inhabitants the council shall consist of seven members: PROVIDED, That if the population of a city after having become
a code city decreases from twenty-five hundred or more to
less than twenty-five hundred, it shall continue to have a
seven member council. If, after a city has become a councilmanager code city its population increases to twenty-five
35A.13.010
[Title 35A RCW—page 20]
hundred or more inhabitants, the number of councilmanic
offices in such city may increase from five to seven members
upon the affirmative vote of a majority of the existing council
to increase the number of councilmanic offices in the city.
When the population of a council-manager code city having
five councilmanic offices increases to five thousand or more
inhabitants, the number of councilmanic offices in the city
shall increase from five to seven members. In the event of an
increase in the number of councilmanic offices, the city council shall, by majority vote, pursuant to RCW 35A.13.020,
appoint two persons to serve in these offices until the next
municipal general election, at which election one person shall
be elected for a two-year term and one person shall be elected
for a four-year term. The number of inhabitants shall be
determined by the most recent official state or federal census
or determination by the state office of financial management.
A charter adopted under the provisions of this title, incorporating the council-manager plan of government set forth in
this chapter may provide for an uneven number of councilmembers not exceeding eleven.
A noncharter code city of less than five thousand inhabitants which has elected the council-manager plan of government and which has seven councilmanic offices may establish a five-member council in accordance with the following
procedure. At least six months prior to a municipal general
election, the city council shall adopt an ordinance providing
for reduction in the number of councilmanic offices to five.
The ordinance shall specify which two councilmanic offices,
the terms of which expire at the next general election, are to
be terminated. The ordinance shall provide for the renumbering of council positions and shall also provide for a two-year
extension of the term of office of a retained councilmanic
office, if necessary, in order to comply with RCW
35A.12.040.
However, a noncharter code city that has retained its old
council-manager plan of government, as provided in RCW
35A.02.130, is subject to the laws applicable to that old plan
of government. [1994 c 223 § 35; 1994 c 81 § 72; 1987 c 3 §
16; 1985 c 106 § 2; 1983 c 128 § 2; 1979 ex.s. c 18 § 24; 1979
c 151 § 34; 1967 ex.s. c 119 § 35A.13.010.]
Severability—1987 c 3: See note following RCW 3.70.010.
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
Population determinations, office of financial management: Chapter 43.62
RCW.
35A.13.020 Election of councilmen—Eligibility—
Terms—Vacancies—Forfeiture of office—Council chairman. In council-manager code cities, eligibility for election
to the council, the manner of electing councilmen, the numbering of council positions, the terms of councilmen, the
occurrence and the filling of vacancies, the grounds for forfeiture of office, and appointment of a mayor pro tempore or
deputy mayor or councilman pro tempore shall be governed
by the corresponding provisions of RCW 35A.12.030,
35A.12.040, 35A.12.050, 35A.12.060, and 35A.12.065 relating to the council of a code city organized under the mayorcouncil plan, except that in council-manager cities where all
council positions are at-large positions, the city council may,
pursuant to RCW 35A.13.033, provide that the person elected
to council position one shall be the council chairman and
shall carry out the duties prescribed by RCW 35A.13.030.
35A.13.020
(2008 Ed.)
Council-Manager Plan of Government
[1994 c 223 § 36; 1975 1st ex.s. c 155 § 1; 1967 ex.s. c 119 §
35A.13.020.]
35A.13.030 Mayor—Election—Chairman to be
mayor—Duties. Biennially at the first meeting of the new
council the members thereof shall choose a chairman from
among their number unless the chairman is elected pursuant
to RCW 35A.13.033. The chairman of the council shall have
the title of mayor and shall preside at meetings of the council.
In addition to the powers conferred upon him as mayor, he
shall continue to have all the rights, privileges, and immunities of a member of the council. The mayor shall be recognized as the head of the city for ceremonial purposes and by
the governor for purposes of military law. He shall have no
regular administrative duties, but in time of public danger or
emergency, if so authorized by ordinance, shall take command of the police, maintain law, and enforce order. [1975
1st ex.s. c 155 § 2; 1967 ex.s. c 119 § 35A.13.030.]
35A.13.030
35A.13.033 Election on proposition to designate person elected to position one as chairman—Subsequent
holders of position one to be chairman. The city council of
a council-manager city may by resolution place before the
voters of the city, a proposition to designate the person
elected to council position one as the chairman of the council
with the powers and duties set forth in RCW 35A.13.030. If a
majority of those voting on the proposition cast a positive
vote, then at all subsequent general elections at which position one is on the ballot, the person who is elected to position
one shall become the chairman upon taking office. [1975 1st
ex.s. c 155 § 3.]
35A.13.033
35A.13.035 Mayor pro tempore or deputy mayor.
Biennially at the first meeting of a new council, or periodically, the members thereof, by majority vote, may designate
one of their number as mayor pro tempore or deputy mayor
for such period as the council may specify, to serve in the
absence or temporary disability of the mayor; or, in lieu
thereof, the council may, as the need may arise, appoint any
qualified person to serve as mayor pro tempore in the absence
or temporary disability of the mayor. In the event of the
extended excused absence or disability of a councilman, the
remaining members by majority vote may appoint a councilman pro tempore to serve during the absence or disability.
[1969 ex.s. c 81 § 1.]
35A.13.035
Effective date—1969 ex.s. c 81: "This 1969 amendatory act shall take
effect July 1, 1969." [1969 ex.s. c 81 § 7.]
3 5A .1 3. 0 4 0 C o mp e ns a t io n o f c ou nc ilm e n —
Expenses. The salaries of the councilmen, including the
mayor, shall be fixed by ordinance and may be revised from
time to time by ordinance, but any increase or reduction in the
compensation attaching to an office shall not become effective until the expiration of the term then being served by the
incumbent: PROVIDED, That compensation of councilmen
may not be increased or diminished after their election nor
may the compensation of the mayor be increased or diminished after the mayor has been chosen by the council.
Until councilmen of a newly-organized council-manager
code city may lawfully be paid as provided by salary ordi35A.13.040
(2008 Ed.)
35A.13.080
nance, such councilmen shall be entitled to compensation in
the same manner and in the same amount as councilmen of
such city prior to the adoption of this council-manager plan.
Until a salary ordinance can be passed and become effective as to elective officers of a newly incorporated code city,
the first councilmen shall be entitled to compensation as follows: In cities having less than five thousand inhabitants—
twenty dollars per meeting for not more than two meetings
per month; in cities having more than five thousand but less
than fifteen thousand inhabitants—a salary of one hundred
and fifty dollars per calendar month; in cities having more
than fifteen thousand inhabitants—a salary of four hundred
dollars per calendar month. A councilman who is occupying
the position of mayor, in addition to his salary as a councilman, shall be entitled, while serving as mayor, to an additional amount per calendar month, or portion thereof, equal to
twenty-five percent of the councilmanic salary: PROVIDED, That such interim compensation shall remain in
effect only until a salary ordinance is passed and becomes
effective as to such officers, and the compensation provided
herein shall not be construed as fixing the usual compensation of such officers. Councilmen shall receive reimbursement for their actual and necessary expenses incurred in the
performance of the duties of their office, or the council by
ordinance may provide for a per diem allowance. Procedure
for approval of claims for expenses shall be as provided by
ordinance. [1979 ex.s. c 18 § 25; 1967 ex.s. c 119 §
35A.13.040.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.13.050
35A.13.050 City manager—Qualifications. The city
manager need not be a resident at the time of his appointment,
but shall reside in the code city after his appointment unless
such residence is waived by the council. He shall be chosen
by the council solely on the basis of his executive and administrative qualifications with special reference to his actual
experience in, or his knowledge of, accepted practice in
respect to the duties of his office. No person elected to membership on the council shall be eligible for appointment as
city manager until one year has elapsed following the expiration of the term for which he was elected. [1967 ex.s. c 119
§ 35A.13.050.]
35A.13.060
35A.13.060 City manager may serve two or more cities. Whether the city manager shall devote his full time to the
affairs of one code city shall be determined by the council. A
city manager may serve two or more cities in that capacity at
the same time. [1967 ex.s. c 119 § 35A.13.060.]
35A.13.070
35A.13.070 City manager—Bond and oath. Before
entering upon the duties of his office the city manager shall
take an oath or affirmation for the faithful performance of his
duties and shall execute and file with the clerk of the council
a bond in favor of the code city in such sum as may be fixed
by the council. The premium on such bond shall be paid by
the city. [1967 ex.s. c 119 § 35A.13.070.]
35A.13.080
35A.13.080 City manager—Powers and duties. The
powers and duties of the city manager shall be:
[Title 35A RCW—page 21]
35A.13.090
Title 35A RCW: Optional Municipal Code
(1) To have general supervision over the administrative
affairs of the code city;
(2) To appoint and remove at any time all department
heads, officers, and employees of the code city, except members of the council, and subject to the provisions of any applicable law, rule, or regulation relating to civil service: PROVIDED, That the council may provide for the appointment by
the mayor, subject to confirmation by the council, of a city
planning commission, and other advisory citizens’ committees, commissions, and boards advisory to the city council:
PROVIDED FURTHER, That if the municipal judge of the
code city is appointed, such appointment shall be made by the
city manager subject to confirmation by the council, for a
four year term. The council may cause an audit to be made of
any department or office of the code city government and
may select the persons to make it, without the advice or consent of the city manager;
(3) To attend all meetings of the council at which his
attendance may be required by that body;
(4) To see that all laws and ordinances are faithfully executed, subject to the authority which the council may grant
the mayor to maintain law and order in times of emergency;
(5) To recommend for adoption by the council such measures as he may deem necessary or expedient;
(6) To prepare and submit to the council such reports as
may be required by that body or as he may deem it advisable
to submit;
(7) To keep the council fully advised of the financial
condition of the code city and its future needs;
(8) To prepare and submit to the council a proposed budget for the fiscal year, as required by chapter 35A.33 RCW,
and to be responsible for its administration upon adoption;
(9) To perform such other duties as the council may
determine by ordinance or resolution. [1987 c 3 § 17; 1967
ex.s. c 119 § 35A.13.080.]
Severability—1987 c 3: See note following RCW 3.70.010.
35A.13.090 Creation of departments, offices, and
employment—Compensation. On recommendation of the
city manager or upon its own action, the council may create
such departments, offices, and employments as it may find
necessary or advisable and may determine the powers and
duties of each department or office. Compensation of
appointive officers and employees may be fixed by ordinance
after recommendations are made by the city manager. The
appointive officers shall include a city clerk and a chief of
police or other law enforcement officer. Pursuant to recommendation of the city manager, the council shall make provision for obtaining legal counsel for the city, either by
appointment of a city attorney on a full time or part time
basis, or by any reasonable contractual arrangement for such
professional services. [1967 ex.s. c 119 § 35A.13.090.]
35A.13.090
35A.13.100 City manager—Department heads—
Authority. The city manager may authorize the head of a
department or office responsible to him to appoint and
remove subordinates in such department or office. Any
officer or employee who may be appointed by the city manager, or by the head of a department or office, except one who
holds his position subject to civil service, may be removed by
35A.13.100
[Title 35A RCW—page 22]
the manager or other such appointing officer at any time subject to any applicable law, rule, or regulation relating to civil
service. Subject to the provisions of RCW 35A.13.080 and
any applicable civil service provisions, the decision of the
manager or other appointing officer, shall be final and there
shall be no appeal therefrom to any other office, body, or
court whatsoever. [1967 ex.s. c 119 § 35A.13.100.]
35A.13.110 City manager—Appointment of subordinates—Qualifications—Terms. Appointments made by or
under the authority of the city manager shall be on the basis
of ability and training or experience of the appointees in the
duties which they are to perform, and shall be in compliance
with provisions of any merit system applicable to such city.
Residence within the code city shall not be a requirement. All
such appointments shall be without definite term. [1967 ex.s.
c 119 § 35A.13.110.]
35A.13.110
35A.13.120 City manager—Interference by council
members. Neither the council, nor any of its committees or
members, shall direct the appointment of any person to, or his
removal from, office by the city manager or any of his subordinates. Except for the purpose of inquiry, the council and its
members shall deal with the administrative service solely
through the manager and neither the council nor any committee or member thereof shall give orders to any subordinate of
the city manager, either publicly or privately. The provisions
of this section do not prohibit the council, while in open session, from fully and freely discussing with the city manager
anything pertaining to appointments and removals of city
officers and employees and city affairs. [1967 ex.s. c 119 §
35A.13.120.]
35A.13.120
35A.13.130 City manager—Removal—Resolution
and notice. The city manager shall be appointed for an
indefinite term and may be removed by a majority vote of the
council. At least thirty days before the effective date of his
removal, the city manager must be furnished with a formal
statement in the form of a resolution passed by a majority
vote of the city council stating the council’s intention to
remove him and the reasons therefor. Upon passage of the
resolution stating the council’s intention to remove the manager, the council by a similar vote may suspend him from
duty, but his pay shall continue until his removal becomes
effective. [1967 ex.s. c 119 § 35A.13.130.]
35A.13.130
35A.13.140 City manager—Removal—Reply and
hearing. The city manager may, within thirty days from the
date of service upon him of a copy thereof, reply in writing to
the resolution stating the council’s intention to remove him.
In the event no reply is timely filed, the resolution shall upon
the thirty-first day from the date of such service, constitute
the final resolution removing the manager and his services
shall terminate upon that day. If a reply shall be timely filed
with the city clerk, the council shall fix a time for a public
hearing upon the question of the manager’s removal and a
final resolution removing the manager shall not be adopted
until a public hearing has been had. The action of the council
in removing the manager shall be final. [1967 ex.s. c 119 §
35A.13.140.]
35A.13.140
(2008 Ed.)
Annexation by Code Cities
35A.13.150 City manager—Substitute. The council
may designate a qualified administrative officer of the city or
town to perform the duties of manager:
(1) Upon the adoption of the council-manager plan,
pending the selection and appointment of a manager; or
(2) Upon the termination of the services of a manager,
pending the selection and appointment of a new manager; or
(3) During the absence, disability, or suspension of the
manager. [1967 ex.s. c 119 § 35A.13.150.]
35A.13.150
35A.13.160 Oath and bond of officers. All provisions
of RCW 35A.12.080 relating to oaths and bonds of officers,
shall be applicable to code cities organized under this council-manager plan. [1967 ex.s. c 119 § 35A.13.160.]
35A.13.160
35A.13.170 Council meetings—Quorum—Rules—
Voting. All provisions of RCW 35A.12.110, as now or hereafter amended, and 35A.12.120, relating to council meetings,
a quorum for transaction of business, rules and voting at
council meetings, shall be applicable to code cities organized
under this council-manager plan. [1979 ex.s. c 18 § 26; 1967
ex.s. c 119 § 35A.13.170.]
Chapter 35A.14
35A.13.220 Optional division of city into wards. A
code city organized under this chapter may be divided into
wards as provided in RCW 35A.12.180. [1967 ex.s. c 119 §
35A.13.220.]
35A.13.220
35A.13.230 Powers of council. The council of any
code city organized under the council-manager plan provided
in this chapter shall have the powers and authority granted to
legislative bodies of cities governed by this title as more particularly described in chapter 35A.11 RCW, except insofar as
such power and authority is vested in the city manager. [1967
ex.s. c 119 § 35A.13.230.]
35A.13.230
Chapter 35A.14
Chapter 35A.14 RCW
ANNEXATION BY CODE CITIES
35A.13.170
Sections
35A.14.001
35A.14.005
35A.14.010
35A.14.015
35A.14.020
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.14.025
35A.13.180 Adoption of codes by reference. Ordinances of cities organized under this chapter may adopt codes
by reference as provided in RCW 35A.12.140. [1967 ex.s. c
119 § 35A.13.180.]
35A.13.180
35A.13.190 Ordinances—Style—Requisites—Veto.
The enacting clause of all ordinances shall be as follows:
"The city council of the city of . . . . . . do ordain as follows:"
No ordinance shall contain more than one subject and that
must be clearly expressed in its title.
No ordinance or any section or subsection thereof shall
be revised or amended unless the new ordinance sets forth the
revised ordinance or the amended section or subsection at full
length.
No ordinance shall take effect until five days after the
date of its publication unless otherwise provided by statute or
charter, except that an ordinance passed by a majority plus
one of the whole membership of the council, designated
therein as a public emergency ordinance necessary for the
protection of public health, public safety, public property or
the public peace, may be made effective upon adoption, but
such ordinance may not levy taxes, grant, renew, or extend a
franchise, or authorize the borrowing of money. [1967 ex.s.
c 119 § 35A.13.190.]
35A.14.030
35A.14.040
35A.14.050
35A.14.070
35A.14.080
35A.13.190
35A.14.085
35A.14.090
35A.14.100
35A.14.110
35A.14.120
35A.14.130
35A.14.140
35A.14.150
35A.14.160
35A.14.170
35A.14.180
35A.14.190
35A.14.200
35A.14.210
35A.14.220
35A.14.231
35A.14.295
35A.13.200 Authentication, recording and publication of ordinances. Ordinances of code cities organized
under this chapter shall be authenticated, recorded and published as provided in RCW 35A.12.150 and 35A.12.160.
[1967 ex.s. c 119 § 35A.13.200.]
35A.13.200
35A.13.210 Audit and allowance of demands against
city. RCW 35A.12.170 shall apply to the audit and allowance of demands against the city. [1967 ex.s. c 119 §
35A.13.210.]
35A.13.210
(2008 Ed.)
35A.14.297
35A.14.299
35A.14.300
35A.14.310
35A.14.320
35A.14.330
35A.14.340
35A.14.380
Actions subject to review by boundary review board.
Annexations beyond urban growth areas prohibited.
Authority for annexation—Consent of county commissioners
for certain property.
Election method—Resolution for election—Contents of resolution.
Election method—Contents of petition—Certification by
auditor—Approval or rejection by legislative body—
Costs.
Election method—Creation of community municipal corporation.
Filing of petition as approved by city.
Election method—Hearing by review board—Notice.
Decision of the county annexation review board—Filing—
Date for election.
Election method—Notice of election.
Election method—Vote required for annexation—Proposition for assumption of indebtedness—Certification.
Election method—Vote required for annexation with
assumption of indebtedness—Without assumption of
indebtedness.
Election method—Ordinance providing for annexation,
assumption of indebtedness.
Election method—Effective date of annexation.
Election method is alternative.
Direct petition method—Notice to legislative body—Meeting—Assumption of indebtedness—Proposed zoning regulation—Contents of petition.
Direct petition method—Notice of hearing.
Direct petition method—Ordinance providing for annexation.
Direct petition method—Effective date of annexation.
Annexation review board—Composition.
Time for filing nominations—Vacancies.
Terms of members.
Organization of annexation review board—Rules—Journal—Authority.
Determination by county annexation review board—Factors
considered—Filing of findings and decision.
Court review of decisions of the county annexation review
board.
When review procedure may be dispensed with.
Territory subject to annexation proposal—When annexation
by another city or incorporation allowed.
Annexation of unincorporated island of territory within code
city—Resolution—Notice of hearing.
Ordinance providing for annexation of unincorporated island
of territory—Referendum.
Annexation of unincorporated island of territory within code
city—Referendum—Effective date if no referendum.
Annexation for municipal purposes.
Annexation of federal areas.
Annexation of federal areas—Provisions of ordinance—
Authority over annexed territory.
Proposed zoning regulation—Purposes of regulations and
restrictions.
Notice and hearing—Filings and recordings.
Ownership of assets of fire protection district—Assumption
of responsibility of fire protection—When at least sixty
[Title 35A RCW—page 23]
35A.14.001
35A.14.400
35A.14.410
35A.14.420
35A.14.430
35A.14.440
35A.14.450
35A.14.460
35A.14.470
35A.14.500
35A.14.550
35A.14.700
35A.14.801
35A.14.900
35A.14.901
Title 35A RCW: Optional Municipal Code
percent of assessed valuation is annexed or incorporated in
code city.
Ownership of assets of fire protection district—When less
than sixty percent of assessed valuation is annexed or
incorporated in code city.
When right-of-way may be included—Use of right-of-way
line as corporate boundary.
Alternative direct petition method—Notice to legislative
body—Meeting—Assumption of indebtedness—Proposed zoning regulation—Contents of petition.
Alternative direct petition method—Notice of hearing.
Alternative direct petition method—Ordinance providing for
annexation.
Alternative direct petition method—Effective date of annexation.
Annexation of territory within urban growth areas—Interlocal agreement—Public hearing—Ordinance providing for
annexation.
Annexation of territory within urban growth areas—County
may initiate process with other cities or towns—Interlocal
agreement—Public hearing—Ordinance—Referendum—
Election, when necessary.
Outstanding indebtedness not affected.
Providing annexation information to public.
Determining population of annexed territory—Certificate—
As basis for allocation of state funds—Revised certificate.
Taxes collected in annexed territory—Notification of annexation.
Cancellation, acquisition of franchise or permit for operation
of public service business in territory annexed—Regulation of solid waste collection.
Application of chapter to annexations involving water or
sewer service.
Annexation of fire protection district territory: RCW 35.02.190 through
35.02.205.
Resolution initiating election may provide for inclusion of annexed area into
community municipal corporation: RCW 35.13.015.
Water, sewer, or fire districts, annexation of: Chapter 35.13A RCW.
35A.14.001 Actions subject to review by boundary
review board. Actions taken under chapter 35A.14 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 38.]
35A.14.001
35A.14.005 Annexations beyond urban growth areas
prohibited. No code city located in a county in which urban
growth areas have been designated under RCW 36.70A.110
may annex territory beyond an urban growth area. [1990 1st
ex.s. c 17 § 31.]
35A.14.005
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
35A.14.010 Authority for annexation—Consent of
county commissioners for certain property. Any portion
of a county not incorporated as part of a city or town but lying
contiguous to a code city may become a part of the charter
code city or noncharter code city by annexation: PROVIDED, That property owned by a county, and used for the
purpose of an agricultural fair as provided in chapter 15.76
RCW or chapter 36.37 RCW shall not be subject to annexation without the consent of the majority of the board of
county commissioners. An area proposed to be annexed to a
charter code city or noncharter code city shall be deemed
contiguous thereto even though separated by water or tide or
shore lands and, upon annexation of such area, any such
intervening water and/or tide or shore lands shall become a
part of such annexing city. [1967 ex.s. c 119 § 35A.14.010.]
35A.14.010
35A.14.015 Election method—Resolution for election—Contents of resolution. When the legislative body of
35A.14.015
[Title 35A RCW—page 24]
a charter code city or noncharter code city shall determine
that the best interests and general welfare of such city would
be served by the annexation of unincorporated territory contiguous to such city, such legislative body may, by resolution,
call for an election to be held to submit to the voters of such
territory the proposal for annexation. The resolution shall,
subject to RCW 35.02.170, describe the boundaries of the
area to be annexed, state the number of voters residing
therein as nearly as may be, and shall provide that said city
will pay the cost of the annexation election. The resolution
may require that there also be submitted to the electorate of
the territory sought to be annexed a proposition that all property within the area annexed shall, upon annexation, be
assessed and taxed at the same rate and on the same basis as
the property of such annexing city is assessed and taxed to
pay for all or any portion of the then-outstanding indebtedness of the city to which said area is annexed, which indebtedness has been approved by the voters, contracted for, or
incurred prior to, or existing at, the date of annexation.
Whenever such city has prepared and filed a proposed zoning
regulation for the area to be annexed as provided for in RCW
35A.14.330 and 35A.14.340, the resolution initiating the
election may also provide for the simultaneous adoption of
the proposed zoning regulation upon approval of annexation
by the electorate of the area to be annexed. A certified copy
of the resolution shall be filed with the legislative authority of
the county in which said territory is located. A certified copy
of the resolution shall be filed with the boundary review
board as provided for in chapter 36.93 RCW or the county
annexation review board established by RCW 35A.14.200,
unless such annexation proposal is within the provisions of
RCW 35A.14.220. [1986 c 234 § 29; 1979 ex.s. c 124 § 1;
1975 1st ex.s. c 220 § 14; 1971 ex.s. c 251 § 10; 1967 ex.s. c
119 § 35A.14.015.]
Severability—1979 ex.s. c 124: "If any provision of this 1979 act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 124 § 11.]
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
Severability—1971 ex.s. c 251: See RCW 35A.90.050.
35A.14.020
35A.14.020 Election method—Contents of petition—
Certification by auditor—Approval or rejection by legislative body—Costs. When a petition is sufficient under the
rules set forth in RCW 35A.01.040, calling for an election to
vote upon the annexation of unincorporated territory contiguous to a code city, describing the boundaries of the area proposed to be annexed, stating the number of voters therein as
nearly as may be, and signed by qualified electors resident in
such territory equal in number to ten percent of the votes cast
at the last state general election therein, it shall be filed with
the auditor of the county in which all, or the greatest portion,
of the territory is located, and a copy of the petition shall be
filed with the legislative body of the code city. If the territory
is located in more than a single county, the auditor of the
county with whom the petition is filed shall act as the lead
auditor and transmit a copy of the petition to the auditor of
each other county within which a portion of the territory is
located. The auditor or auditors shall examine the petition,
(2008 Ed.)
Annexation by Code Cities
and the auditor or lead auditor shall certify the sufficiency of
the petition to the legislative authority of the code city.
If the signatures on the petition are certified as containing sufficient valid signatures, the city legislative authority
shall, by resolution entered within sixty days thereafter,
notify the petitioners, either by mail or by publication in the
same manner notice of hearing is required by RCW
35A.14.040 to be published, of its approval or rejection of the
proposed action. In approving the proposed action, the legislative body may require that there also be submitted to the
electorate of the territory to be annexed, a proposition that all
property within the area to be annexed shall, upon annexation, be assessed and taxed at the same rate and on the same
basis as the property of such annexing city is assessed and
taxed to pay for all or any portion of the then-outstanding
indebtedness of the city to which said area is annexed, which
indebtedness has been approved by the voters, contracted for,
or incurred prior to, or existing at, the date of annexation.
Only after the legislative body has completed preparation and
filing of a proposed zoning regulation for the area to be
ann ex ed as pr ov ided fo r in R CW 3 5A.14 .33 0 and
35A.14.340, the legislative body in approving the proposed
action, may require that the proposed zoning regulation be
simultaneously adopted upon the approval of annexation by
the electorate of the area to be annexed. The approval of the
legislative body shall be a condition precedent to further proceedings upon the petition. The costs of conducting the election called for in the petition shall be a charge against the city
concerned. The proposition or questions provided for in this
section may be submitted to the voter either separately or as a
single proposition. [1989 c 351 § 4; 1981 c 332 § 6; 1979
ex.s. c 124 § 2; 1967 ex.s. c 119 § 35A.14.020.]
Severability—1981 c 332: See note following RCW 35.13.165.
Severability—1979 ex.s. c 124: See note following RCW 35A.14.015.
35A.14.025 Election method—Creation of community municipal corporation. The resolution initiating the
annexation of territory under RCW 35A.14.015, and the petition initiating the annexation of territory under RCW
35A.14.020, may provide for the simultaneous creation of a
community municipal corporation and election of community council members as provided for in chapter 35.14 RCW,
as separate ballot measures or as part of the same ballot measure authorizing the annexation, or for the simultaneous
inclusion of the annexed area into a named existing community municipal corporation operating under chapter 35.14
RCW, as separate ballot measures or as part of the same ballot measure authorizing the annexation. If the petition so provides for the creation of a community municipal corporation
and election of community council members, the petition
shall describe the boundaries of the proposed service area,
state the number of voters residing therein as nearly as may
be, and pray for the election of community council members
by the voters residing in the service area.
The ballots shall contain the words "For annexation and
creation of community municipal corporation" and "Against
annexation and creation of community municipal corporation," or "For creation of community municipal corporation"
and "Against creation of community municipal corporation,"
as the case may be. Approval of either optional ballot propo35A.14.025
(2008 Ed.)
35A.14.050
sition shall be by simple majority vote of the voters voting on
the proposition, but the annexation must be authorized before
a community municipal corporation is created. [1993 c 75 §
3.]
35A.14.030 Filing of petition as approved by city.
Upon approval of the petition for election by the legislative
body of the code city to which such territory is proposed to be
annexed, the petition shall be filed with the legislative authority of the county in which such territory is located, along with
a statement, in the form required by the city, of the provisions, if any there be, relating to assumption of the portion of
the debt that the city requires to be assumed by the owners of
property of the area proposed to be annexed, and/or the
simultaneous adoption of a proposed zoning regulation for
the area. A copy of the petition and the statement, if any, shall
also be filed with the boundary review board as provided for
in chapter 36.93 RCW or the county annexation review board
established by RCW 35A.14.160, unless such proposed
annexation is within the provisions of RCW 35A.14.220.
[1979 ex.s. c 124 § 3; 1971 ex.s. c 251 § 6; 1967 ex.s. c 119 §
35A.14.030.]
35A.14.030
Severability—1979 ex.s. c 124: See note following RCW 35A.14.015.
Severability—1971 ex.s. c 251: See RCW 35A.90.050.
35A.14.040 Election method—Hearing by review
board—Notice. Within ten days after receipt of a petition or
resolution calling for an election on the question of annexation, the county annexation review board shall meet and, if
the proposed annexation complies with the requirements of
law, shall fix a date for a hearing thereon, to be held not less
than fifteen days nor more than thirty days thereafter, of
which hearing the city must give notice by publication at least
once a week for two weeks prior thereto in one or more newspapers of general circulation within the city and in one or
more newspapers of general circulation within the area proposed to be annexed. The hearing shall be held within the city
to which the territory is proposed to be annexed, at a time and
place to be designated by the board. Upon the day fixed, the
board shall conduct a hearing upon the petition or resolution,
at which hearing a representative of the city shall make a
brief presentation to the board in explanation of the annexation and the benefits to be derived therefrom, and the petitioners and any resident of the city or the area proposed to be
annexed shall be afforded a reasonable opportunity to be
heard. The hearing may be adjourned from time to time in the
board’s discretion, not to exceed thirty days in all from the
commencement of the hearing. [1967 ex.s. c 119 §
35A.14.040.]
35A.14.040
35A.14.050 Decision of the county annexation review
board—Filing—Date for election. After consideration of
the proposed annexation as provided in RCW 35A.14.200,
the county annexation review board, within thirty days after
the final day of hearing, shall take one of the following
actions:
(1) Approval of the proposal as submitted.
(2) Subject to RCW 35.02.170, modification of the proposal by adjusting boundaries to include or exclude territory;
except that any such inclusion of territory shall not increase
35A.14.050
[Title 35A RCW—page 25]
35A.14.070
Title 35A RCW: Optional Municipal Code
the total area of territory proposed for annexation by an
amount exceeding the original proposal by more than five
percent: PROVIDED, That the county annexation review
board shall not adjust boundaries to include territory not
included in the original proposal without first affording to
residents and property owners of the area affected by such
adjustment of boundaries an opportunity to be heard as to the
proposal.
(3) Disapproval of the proposal.
The written decision of the county annexation review
board shall be filed with the board of county commissioners
and with the legislative body of the city concerned. If the
annexation proposal is modified by the county annexation
review board, such modification shall be fully set forth in the
written decision. If the decision of the boundary review board
or the county annexation review board is favorable to the
annexation proposal, or the proposal as modified by the
review board, the legislative body of the city at its next regular meeting if to be held within thirty days after receipt of the
decision of the boundary review board or the county annexation review board, or at a special meeting to be held within
that period, shall indicate to the county auditor its preference
for a special election date for submission of such annexation
proposal, with any modifications made by the review board,
to the voters of the territory proposed to be annexed. The special election date that is so indicated shall be one of the dates
for special elections provided under *RCW 29.13.020 that is
sixty or more days after the date the preference is indicated.
The county legislative authority shall call the special election
at the special election date so indicated by the city. If the
boundary review board or the county annexation review
board disapproves the annexation proposal, no further action
shall be taken thereon, and no proposal for annexation of the
same territory, or substantially the same as determined by the
board, shall be initiated or considered for twelve months
thereafter. [1989 c 351 § 5; 1986 c 234 § 30; 1975 1st ex.s. c
220 § 15; 1971 ex.s. c 251 § 7; 1967 ex.s. c 119 §
35A.14.050.]
*Reviser’s note: RCW 29.13.020 was recodified as RCW 29A.04.330
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
Severability—1971 ex.s. c 251: See RCW 35A.90.050.
35A.14.070 Election method—Notice of election.
Notice of an annexation election shall particularly describe
the boundaries of the area proposed to be annexed, as the
same may have been modified by the boundary review board
or the county annexation review board, state the objects of
the election as prayed in the petition or as stated in the resolution, and require the voters to cast ballots which shall contain the words "For Annexation" or "Against Annexation" or
words equivalent thereto, or contain the words "For Annexation and Adoption of Proposed Zoning Regulation", and
"Against Annexation and Adoption of Proposed Zoning Regulation", or words equivalent thereto in case the simultaneous
adoption of a proposed zoning regulation is proposed, and in
case the assumption of all or a portion of indebtedness is proposed, shall contain an appropriate, separate proposition for
or against the portion of indebtedness that the city requires to
be assumed. The notice shall be posted for at least two weeks
35A.14.070
[Title 35A RCW—page 26]
prior to the date of election in four public places within the
area proposed to be annexed and published at least once a
week for two weeks prior to the date of election in a newspaper of general circulation within the limits of the territory
proposed to be annexed. Such notice shall be in addition to
the notice required by general election law. [1994 c 223 § 38;
1979 ex.s. c 124 § 4; 1967 ex.s. c 119 § 35A.14.070.]
Severability—1979 ex.s. c 124: See note following RCW 35A.14.015.
35A.14.080 Election method—Vote required for
annexation—Proposition for assumption of indebtedness—Certification. On the Monday next succeeding the
annexation election, the county canvassing board shall proceed to canvass the returns thereof and shall submit the statement of canvass to the county legislative authority.
The proposition for or against annexation or for or
against annexation and adoption of the proposed zoning regulation, as the case may be, shall be deemed approved if a
majority of the votes cast on that proposition are cast in favor
of annexation or in favor of annexation and adoption of the
proposed zoning regulation, as the case may be. If a proposition for or against assumption of all or any portion of indebtedness was submitted to the electorate, it shall be deemed
approved if a majority of at least three-fifths of the electors of
the territory proposed to be annexed voting on such proposition vote in favor thereof, and the number of persons voting
on such proposition constitutes not less than forty percent of
the total number of votes cast in such territory at the last preceding general election. If either or both propositions were
approved by the electors, the county legislative authority
shall enter a finding to that effect on its minutes, a certified
copy of which shall be forthwith transmitted to and filed with
the clerk of the city to which annexation is proposed, together
with a certified abstract of the vote showing the whole number who voted at the election, the number of votes cast for
annexation and the number cast against annexation or for
annexation and adoption of the proposed zoning regulation
and the number cast against annexation and adoption of the
proposed zoning regulation, as the case may be, and if a proposition for assumption of all or any portion of indebtedness
was submitted to the electorate, the abstract shall include the
number of votes cast for assumption of indebtedness and the
number of votes cast against assumption of indebtedness,
together with a statement of the total number of votes cast in
such territory at the last preceding general election. [1979
ex.s. c 124 § 5; 1967 ex.s. c 119 § 35A.14.080.]
35A.14.080
Severability—1979 ex.s. c 124: See note following RCW 35A.14.015.
35A.14.085 Election method—Vote required for
annexation with assumption of indebtedness—Without
assumption of indebtedness. A code city may cause a proposition authorizing an area to be annexed to the city to be submitted to the qualified voters of the area proposed to be
annexed in the same ballot proposition as the question to
authorize an assumption of indebtedness. If the measures are
combined, the annexation and the assumption of indebtedness shall be authorized only if the proposition is approved by
at least three-fifths of the voters of the area proposed to be
annexed voting on the proposition, and the number of persons
voting on the proposition constitutes not less than forty per35A.14.085
(2008 Ed.)
Annexation by Code Cities
cent of the total number of votes cast in the area at the last
preceding general election.
However, the code city council may adopt a resolution
accepting the annexation, without the assumption of indebtedness, where the combined ballot proposition is approved by
a simple majority vote of the voters voting on the proposition.
[1989 c 84 § 23.]
35A.14.090 Election method—Ordinance providing
for annexation, assumption of indebtedness. Upon filing
of the certified copy of the finding of the county legislative
authority, the clerk shall transmit it to the legislative body of
the city at the next regular meeting or as soon thereafter as
practicable. If only a proposition relating to annexation or to
annexation and adoption of a proposed zoning regulation was
submitted to the voters and such proposition was approved,
the legislative body shall adopt an ordinance providing for
the annexation or adopt ordinances providing for the annexation and adoption of a proposed zoning regulation, as the
case may be. If a proposition for annexation or for annexation
and adoption of a proposed zoning regulation, and a proposition for assumption of all or any portion of indebtedness were
both submitted, and both were approved, the legislative body
shall adopt an ordinance providing for the annexation or for
annexation and adoption of the proposed zoning regulation,
including the assumption of the portion of indebtedness that
was approved by the voters. If both propositions were submitted and only the annexation or the annexation and adoption of the proposed zoning regulation was approved, the legislative body may adopt an ordinance providing for the
annexation or adopt ordinances providing for the annexation
and adoption of the proposed zoning regulation, as the case
may be, or the legislative body may refuse to annex when a
proposal for assumption of the portion of indebtedness has
been disapproved by the voters. [1979 ex.s. c 124 § 6; 1967
ex.s. c 119 § 35A.14.090.]
35A.14.090
Severability—1979 ex.s. c 124: See note following RCW 35A.14.015.
35A.14.100 Election method—Effective date of
annexation. Upon the date fixed in the ordinance of annexation, the area annexed shall become a part of the city. Upon
the date fixed in the ordinances of annexation and adoption of
the proposed zoning regulation, the area annexed shall
become a part of the city, and property in the annexed area
shall be subject to the proposed zoning regulation, as prepared and filed as provided for in RCW 35A.14.330 and
35A.14.340. All property within the territory hereafter
annexed shall, if the proposition approved by the people so
provides, be assessed and taxed at the same rate and on the
same basis as the property of such annexing city is assessed
and taxed to pay for the portion of indebtedness of the city
that was approved by the voters. [1979 ex.s. c 124 § 7; 1967
ex.s. c 119 § 35A.14.100.]
35A.14.100
Severability—1979 ex.s. c 124: See note following RCW 35A.14.015.
35A.14.110 Election method is alternative. The
method of annexation provided for in RCW 35A.14.015
through 35A.14.100 is an alternative method and is additional to the other methods provided for in this chapter.
[1967 ex.s. c 119 § 35A.14.110.]
35A.14.110
(2008 Ed.)
35A.14.130
35A.14.120 Direct petition method—Notice to legislative body—Meeting—Assumption of indebtedness—
Proposed zoning regulation—Contents of petition. Proceedings for initiating annexation of unincorporated territory
to a charter code city or noncharter code city may be commenced by the filing of a petition of property owners of the
territory proposed to be annexed, in the following manner.
This method of annexation shall be alternative to other methods provided in this chapter. Prior to the circulation of a petition for annexation, the initiating party or parties, who shall
be the owners of not less than ten percent in value, according
to the assessed valuation for general taxation of the property
for which annexation is sought, shall notify the legislative
body of the code city in writing of their intention to commence annexation proceedings. The legislative body shall set
a date, not later than sixty days after the filing of the request,
for a meeting with the initiating parties to determine whether
the code city will accept, reject, or geographically modify the
proposed annexation, whether it shall require the simultaneous adoption of a proposed zoning regulation, if such a
proposal has been prepared and filed for the area to be
a nn ex e d a s pr o vide d fo r in R CW 3 5A.1 4. 33 0 a nd
35A.14.340, and whether it shall require the assumption of all
or of any portion of existing city indebtedness by the area to
be annexed. If the legislative body requires the assumption of
all or of any portion of indebtedness and/or the adoption of a
proposed zoning regulation, it shall record this action in its
minutes and the petition for annexation shall be so drawn as
to clearly indicate these facts. Approval by the legislative
body shall be a condition precedent to circulation of the petition. There shall be no appeal from the decision of the legislative body. A petition for annexation of an area contiguous
to a code city may be filed with the legislative body of the
municipality to which annexation is desired. It must be
signed by the owners, as defined by RCW 35A.01.040(9) (a)
through (d), of not less than sixty percent in value, according
to the assessed valuation for general taxation of the property
for which annexation is petitioned: PROVIDED, That a petition for annexation of an area having at least eighty percent of
the boundaries of such area contiguous with a portion of the
boundaries of the code city, not including that portion of the
boundary of the area proposed to be annexed that is coterminous with a portion of the boundary between two counties in
this state, need be signed by only the owners of not less than
fifty percent in value according to the assessed valuation for
general taxation of the property for which the annexation is
petitioned. Such petition shall set forth a description of the
property according to government legal subdivisions or legal
plats and shall be accompanied by a map which outlines the
boundaries of the property sought to be annexed. If the legislative body has required the assumption of all or any portion
of city indebtedness by the area annexed or the adoption of a
proposed zoning regulation, these facts, together with a quotation of the minute entry of such requirement, or requirements, shall also be set forth in the petition. [1989 c 351 § 6;
1979 ex.s. c 124 § 8; 1967 ex.s. c 119 § 35A.14.120.]
35A.14.120
Severability—1979 ex.s. c 124: See note following RCW 35A.14.015.
Sufficiency of petition in code city: RCW 35A.01.040.
35A.14.130 Direct petition method—Notice of hearing. Whenever such a petition for annexation is filed with the
35A.14.130
[Title 35A RCW—page 27]
35A.14.140
Title 35A RCW: Optional Municipal Code
legislative body of a code city, which petition meets the
requirements herein specified and is sufficient according to
the rules set forth in RCW 35A.01.040, the legislative body
may entertain the same, fix a date for a public hearing thereon
and cause notice of the hearing to be published in one or more
issues of a newspaper of general circulation in the city. The
notice shall also be posted in three public places within the
territory proposed for annexation, and shall specify the time
and place of hearing and invite interested persons to appear
and voice approval or disapproval of the annexation. [1967
ex.s. c 119 § 35A.14.130.]
35A.14.140 Direct petition method—Ordinance providing for annexation. Following the hearing, if the legislative body determines to effect the annexation, they shall do so
by ordinance. Subject to RCW 35.02.170, the ordinance may
annex all or any portion of the proposed area but may not
include in the annexation any property not described in the
petition. Upon passage of the annexation ordinance a certified copy shall be filed with the board of county commissioners of the county in which the annexed property is located.
[1986 c 234 § 31; 1975 1st ex.s. c 220 § 16; 1967 ex.s. c 119
§ 35A.14.140.]
35A.14.140
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
35A.14.150 Direct petition method—Effective date of
annexation. Upon the date fixed in the ordinance of annexation the area annexed shall become part of the city. All property within the territory hereafter annexed shall, if the annexation petition so provided, be assessed and taxed at the same
rate and on the same basis as the property of such annexing
code city is assessed and taxed to pay for the portion of any
then-outstanding indebtedness of the city to which said area
is annexed, which indebtedness has been approved by the
voters, contracted for, or incurred prior to, or existing at, the
date of annexation and that the city has required to be
assumed. If the annexation petition so provided, all property
in the annexed area shall be subject to and a part of the proposed zoning regulation as prepared and filed as provided for
in RCW 35A.14.330 and 35A.14.340. [1979 ex.s. c 124 § 9;
1967 ex.s. c 119 § 35A.14.150.]
35A.14.150
Severability—1979 ex.s. c 124: See note following RCW 35A.14.015.
35A.14.160 Annexation review board—Composition. There is hereby established in each county of the state,
other than counties having a boundary review board as provided for in chapter 189, Laws of 1967 [chapter 36.93 RCW],
a board to be known as the "annexation review board for the
county of . . . . . . (naming the county)", which shall be
charged with the duty of reviewing proposals for annexation
of unincorporated territory to charter code cities and noncharter code cities within its respective county; except that proposals within the provisions of RCW 35A.14.220 shall not be
subject to the jurisdiction of such board.
In all counties in which a boundary review board is
established pursuant to chapter 189, Laws of 1967 [chapter
36.93 RCW] review of proposals for annexation of unincorporated territory to charter code cities and noncharter code
cities within such counties shall be subject to chapter 189,
35A.14.160
[Title 35A RCW—page 28]
Laws of 1967 [chapter 36.93 RCW]. Whenever any county
establishes a boundary review board pursuant to chapter 189,
Laws of 1967 [chapter 36.93 RCW] the provisions of this act
relating to annexation review boards shall not be applicable.
Except as provided above in this section, whenever one
or more cities of a county shall have elected to be governed
by this title by becoming a charter code city or noncharter
code city, the governor shall, within forty-five days thereafter, appoint an annexation review board for such county consisting of five members appointed in the following manner:
Two members shall be selected independently by the
governor. Three members shall be selected by the governor
from the following sources: (1) One member shall be
appointed from nominees of the individual members of the
board of county commissioners; (2) one member shall be
appointed from nominees of the individual mayors of charter
code cities within such county; (3) one member shall be
appointed from nominees of the individual mayors of noncharter code cities within such county.
Each source shall nominate at least two persons for an
available position. In the event there are less than two nominees for any position, the governor may appoint the member
for that position independently. If, at the time of appointment,
there are within the county no cities of one of the classes
named above as a nominating source, a position which would
otherwise have been filled by nomination from such source
shall be filled by independent appointment of the governor.
In making appointments independently and in making
appointments from among nominees, the governor shall
strive to appoint persons familiar with municipal government
and administration by experience and/or training. [1971 ex.s.
c 251 § 8; 1967 ex.s. c 119 § 35A.14.160.]
Severability—1971 ex.s. c 251: See RCW 35A.90.050.
35A.14.170 Time for filing nominations—Vacancies.
Upon the initial formation of a county annexation review
board the governor shall give written notice of such formation to all the nominating sources designated therein and
nominations must be filed with the office of the governor
within fifteen days after receipt of such notice. Nominations
to fill vacancies caused by expiration of terms must be filed
at least thirty days preceding the expiration of the terms.
When vacancies occur in the membership of the board, the
governor shall solicit nominations from the appropriate
source and if none are filed within fifteen days thereafter, the
governor shall fill the vacancy by an independent appointment. [1967 ex.s. c 119 § 35A.14.170.]
35A.14.170
35A.14.180 Terms of members. The members of the
annexation review board shall be appointed for five year
terms. Upon the initial formation of a board, one member
appointed by the governor independently shall be appointed
for a four year term, the member appointed from among nominees of the board of county commissioners shall be
appointed for a three year term, the member appointed from
among nominees of the mayors of noncharter code cities
shall be appointed for a three year term, and the remaining
members shall be appointed for five year terms. Thereafter
board members shall be appointed for five year terms as the
terms of their predecessors expire. Members shall be eligible
35A.14.180
(2008 Ed.)
Annexation by Code Cities
for reappointment to the board for successive terms. [1967
ex.s. c 119 § 35A.14.180.]
35A.14.190 Organization of annexation review
board—Rules—Journal—Authority. The members of
each annexation review board shall elect from among the
members a chairman and a vice chairman, and may employ a
nonmember as chief clerk, who shall be the secretary of the
board. The board shall determine its own rules and order of
business, shall provide by resolution for the time and manner
of holding regular or special meetings, and shall keep a journal of its proceedings which shall be a public record. A
majority of all the members shall constitute a quorum for the
transaction of business.
The chief clerk of the board, the chairman, or the vice
chairman shall have the power to administer oaths and affirmations, certify to all official acts, issue subpoenas to any
public officer or employee ordering him to testify before the
board and produce public records, papers, books or documents. The chief clerk, the chairman or the vice chairman
may invoke the aid of any court of competent jurisdiction to
carry out such powers.
The planning departments of the county, other counties,
and any city, and any state or regional planning agency shall
furnish such information to the board at its request as may be
reasonably necessary for the performance of its duties.
At the request of the board, the state attorney general
shall provide counsel for the board. [1967 ex.s. c 119 §
35A.14.190.]
35A.14.190
35A.14.200 Determination by county annexation
review board—Factors considered—Filing of findings
and decision. The jurisdiction of the county annexation
review board shall be invoked upon the filing with the board
of a resolution for an annexation election as provided in
RCW 35A.14.015, or of a petition for an annexation election
as provided in RCW 35A.14.030, and the board shall proceed
to hold a hearing, upon notice, all as provided in RCW
35A.14.040. A verbatim record shall be made of all testimony presented at the hearing and upon request and payment
of the reasonable costs thereof, a copy of the transcript of
such testimony shall be provided to any person or governmental unit. The board shall make and file its decision, all as
provided in RCW 35A.14.050, insofar as said section is
applicable to the matter before the board. Dissenting members of the board shall have the right to have their written dissents included as part of the decision. In reaching a decision
on an annexation proposal, the county annexation review
board shall consider the factors affecting such proposal,
which shall include but not be limited to the following:
(1) The immediate and prospective population of the
area proposed to be annexed, the configuration of the area,
land use and land uses, comprehensive use plans and zoning,
per capita assessed valuation, topography, natural boundaries
and drainage basins, the likelihood of significant growth in
the area and in adjacent incorporated and unincorporated
areas during the next ten years, location and coordination of
community facilities and services; and
(2) The need for municipal services and the available
municipal services, effect of ordinances and governmental
35A.14.200
(2008 Ed.)
35A.14.220
codes, regulations and resolutions on existing uses, present
cost and adequacy of governmental services and controls, the
probable future needs for such services and controls, the
probable effect of the annexation proposal or alternatives on
cost and adequacy of services and controls in area and adjacent area, the effect on the finances, debt structure, and contractual obligations and rights of all affected governmental
units; and
(3) The effect of the annexation proposal or alternatives
on adjacent areas, on mutual economic and social interests,
and on the local governmental structure of the county.
The county annexation review board shall determine
whether the proposed annexation would be in the public
interest and for the public welfare. The decision of the board
shall be accompanied by the findings of the board. Such findings need not include specific data on all the factors listed in
this section, but shall indicate that all such factors were considered. [1971 ex.s. c 251 § 11; 1967 ex.s. c 119 §
35A.14.200.]
Severability—1971 ex.s. c 251: See RCW 35A.90.050.
35A.14.210 Court review of decisions of the county
annexation review board. Decisions of the county annexation review board shall be final unless within ten days from
the date of said action a governmental unit affected by the
decision or any person owning real property in or residing in
the area proposed to be annexed files in the superior court a
notice of appeal. The filing of such notice of appeal within
such time limit shall stay the effective date of the decision of
the board until such time as the appeal shall have been adjudicated or withdrawn. On appeal the superior court shall not
take any evidence other than that contained in the record of
the hearing before the board. The superior court may affirm
the decision of the county annexation review board or
remand the case for further proceedings; or the court may
reverse the decision and remand if it finds that substantial
rights have been prejudiced because the findings, conclusions, or decision of the board are:
(1) In violation of constitutional provisions; or
(2) In excess of the statutory authority or jurisdiction of
the board; or
(3) Made upon unlawful procedure; or
(4) Affected by other error of law; or
(5) Unsupported by material and substantial evidence in
view of the entire record as submitted; or
(6) Arbitrary or capricious. [1971 ex.s. c 251 § 12; 1967
ex.s. c 119 § 35A.14.210.]
35A.14.210
Severability—1971 ex.s. c 251: See RCW 35A.90.050.
35A.14.220 When review procedure may be dispensed with. Annexations under the provisions of RCW
35A.14.295, 35A.14.297, 35A.14.300, and 35A.14.310 shall
not be subject to review by the annexation review board:
PROVIDED, That in any county in which a boundary review
board is established under chapter 36.93 RCW all annexations shall be subject to review except as provided for in
RCW 36.93.110. When the area proposed for annexation in a
petition or resolution, initiated and filed under any of the
methods of initiating annexation authorized by this chapter, is
less than fifty acres or less than two million dollars in
35A.14.220
[Title 35A RCW—page 29]
35A.14.231
Title 35A RCW: Optional Municipal Code
assessed valuation, review procedures shall not be required as
to such annexation proposal, except as provided in chapter
36.93 RCW in those counties with a review board established
pursuant to chapter 36.93 RCW: PROVIDED, That when an
annexation proposal is initiated by the direct petition method
authorized by RCW 35A.14.120, review procedures shall not
be required without regard to acreage or assessed valuation,
except as provided in chapter 36.93 RCW in those counties
with a boundary review board established pursuant to chapter
36.93 RCW. [1979 ex.s. c 18 § 27; 1973 1st ex.s. c 195 § 26;
1967 ex.s. c 119 § 35A.14.220.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
35A.14.231 Territory subject to annexation proposal—When annexation by another city or incorporation allowed. After a petition proposing an annexation by a
code city has been filed with the city or the city legislative
authority, or after a resolution proposing the annexation by a
code city has been adopted by the city legislative authority,
no territory included in the proposed annexation may be
annexed by another city or town or incorporated into a city or
town unless: (1) The boundary review board or county
annexation review board created under RCW 35A.14.160
modifies the boundaries of the proposed annexation and
removes the territory; (2) the boundary review board or
county annexation review board created under RCW
35A.14.160 rejects the proposed annexation; or (3) the city
legislative authority rejects the proposed annexation or voters
defeat the ballot proposition authorizing the annexation.
[1994 c 216 § 8.]
35A.14.231
Effective date—1994 c 216: See note following RCW 35.02.015.
35A.14.295 Annexation of unincorporated island of
territory within code city—Resolution—Notice of hearing. (1) The legislative body of a code city may resolve to
annex territory containing residential property owners to the
city if there is within the city, unincorporated territory:
(a) Containing less than one hundred acres and having at
least eighty percent of the boundaries of such area contiguous
to the code city; or
(b) Of any size and having at least eighty percent of the
boundaries of such area contiguous to the city if such area
existed before June 30, 1994, and is within the same county
and within the same urban growth area designated under
RCW 36.70A.110, and the city was planning under chapter
36.70A RCW as of June 30, 1994.
(2) The resolution shall describe the boundaries of the
area to be annexed, state the number of voters residing
therein as nearly as may be, and set a date for a public hearing
on such resolution for annexation. Notice of the hearing shall
be given by publication of the resolution at least once a week
for two weeks prior to the date of the hearing, in one or more
newspapers of general circulation within the code city and
one or more newspapers of general circulation within the area
to be annexed.
(3) For purposes of subsection (1)(b) of this section, territory bounded by a river, lake, or other body of water is considered contiguous to a city that is also bounded by the same
35A.14.295
[Title 35A RCW—page 30]
river, lake, or other body of water. [1997 c 429 § 36; 1967
ex.s. c 119 § 35A.14.295.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
35A.14.297 Ordinance providing for annexation of
unincorporated island of territory—Referendum. On the
date set for hearing as provided in RCW 35A.14.295, residents or property owners of the area included in the resolution for annexation shall be afforded an opportunity to be
heard. The legislative body may provide by ordinance for
annexation of the territory described in the resolution, but the
effective date of the ordinance shall be not less than forty-five
days after the passage thereof. The legislative body shall
cause notice of the proposed effective date of the annexation,
together with a description of the property to be annexed, to
be published at least once each week for two weeks subsequent to passage of the ordinance, in one or more newspapers
of general circulation within the city and in one or more
newspapers of general circulation within the area to be
annexed. If the annexation ordinance provides for assumption of indebtedness or adoption of a proposed zoning regulation, the notice shall include a statement of such requirements. Such annexation ordinance shall be subject to referendum for forty-five days after the passage thereof. Upon the
filing of a timely and sufficient referendum petition as provided in RCW 35A.14.299 below, a referendum election
shall be held as provided in RCW 35A.14.299, and the
annexation shall be deemed approved by the voters unless a
majority of the votes cast on the proposition are in opposition
thereto. After the expiration of the forty-fifth day from, but
excluding the date of passage of the annexation ordinance, if
no timely and sufficient referendum petition has been filed,
as provided by RCW 35A.14.299 below, the area annexed
shall become a part of the code city upon the date fixed in the
ordinance of annexation. [1967 ex.s. c 119 § 35A.14.297.]
35A.14.297
35A.14.299 Annexation of unincorporated island of
territory within code city—Referendum—Effective date
if no referendum. Such annexation ordinance as provided
for in RCW 35A.14.297 shall be subject to referendum for
forty-five days after the passage thereof. Upon the filing of a
timely and sufficient referendum petition with the legislative
body, signed by qualified electors in number equal to not less
than ten percent of the votes cast in the last general state election in the area to be annexed, the question of annexation
shall be submitted to the voters of such area in a general election if one is to be held within ninety days or at a special election called for that purpose according to RCW 29A.04.330.
Notice of such election shall be given as provided in RCW
35A.14.070 and the election shall be conducted as provided
in RCW 35A.29.151. The annexation shall be deemed
approved by the voters unless a majority of the votes cast on
the proposition are in opposition thereto.
After the expiration of the forty-fifth day from but
excluding the date of passage of the annexation ordinance, if
no timely and sufficient referendum petition has been filed,
the area annexed shall become a part of the code city upon the
date fixed in the ordinance of annexation. From and after
such date, if the ordinance so provided, property in the
annexed area shall be subject to the proposed zoning regula35A.14.299
(2008 Ed.)
Annexation by Code Cities
tion prepared and filed for such area as provided in RCW
35A.14.330 and 35A.14.340. If the ordinance so provided,
all property within the area annexed shall be assessed and
taxed at the same rate and on the same basis as the property
of such annexing code city is assessed and taxed to pay for
any then outstanding indebtedness of such city contracted
prior to, or existing at, the date of annexation. [2006 c 344 §
25; 1967 ex.s. c 119 § 35A.14.299.]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
35A.14.300 Annexation for municipal purposes.
Legislative bodies of code cities may by a majority vote
annex territory outside the limits of such city whether contiguous or noncontiguous for any municipal purpose when such
territory is owned by the city. [1981 c 332 § 7; 1967 ex.s. c
119 § 35A.14.300.]
35A.14.300
Severability—1981 c 332: See note following RCW 35.13.165.
35A.14.310 Annexation of federal areas. A code city
may annex an unincorporated area contiguous to the city that
is owned by the federal government by adopting an ordinance
providing for the annexation and which ordinance either
acknowledges an agreement of the annexation by the government of the United States, or accepts a gift, grant, or lease
from the government of the United States of the right to
occupy, control, improve it or sublet it for commercial, manufacturing, or industrial purposes: PROVIDED, That this
right of annexation shall not apply to any territory more than
four miles from the corporate limits existing before such
annexation. Whenever a code city proposes to annex territory
under this section, the city shall provide written notice of the
proposed annexation to the legislative authority of the county
within which such territory is located. The notice shall be
provided at least thirty days before the city proposes to adopt
the annexation ordinance. The city shall not adopt the annexation ordinance, and the annexation shall not occur under this
section, if within twenty-five days of receipt of the notice, the
county legislative authority adopts a resolution opposing the
annexation, which resolution makes a finding that the proposed annexation will have an adverse fiscal impact on the
county or road district. [1985 c 105 § 1; 1967 ex.s. c 119 §
35A.14.310.]
35A.14.310
35A.14.320 Annexation of federal areas—Provisions
of ordinance—Authority over annexed territory. In the
ordinance annexing territory pursuant to a gift, grant, or lease
from the government of the United States, a code city may
include such tide and shorelands as may be necessary or convenient for the use thereof, and may include in the ordinance
an acceptance of the terms and conditions attached to the gift,
grant, or lease. A code city may cause territory annexed pursuant to a gift, grant, or lease of the government of the United
States to be surveyed, subdivided and platted into lots,
blocks, or tracts and lay out, reserve for public use, and
improve streets, roads, alleys, slips, and other public places.
It may grant or sublet any lot, block, or tract therein for commercial, manufacturing, or industrial purposes and reserve,
receive and collect rents therefrom. It may expend the rents
received therefrom in making and maintaining public
35A.14.320
(2008 Ed.)
35A.14.340
improvements therein, and if any surplus remains at the end
of any fiscal year, may transfer it to the city’s current expense
fund. [1967 ex.s. c 119 § 35A.14.320.]
35A.14.330 Proposed zoning regulation—Purposes
of regulations and restrictions. The legislative body of any
code city acting through a planning agency created pursuant
to chapter 35A.63 RCW, or pursuant to its granted powers,
may prepare a proposed zoning regulation to become effective upon the annexation of any area which might reasonably
be expected to be annexed by the code city at any future time.
Such proposed zoning regulation, to the extent deemed reasonably necessary by the legislative body to be in the interest
of health, safety, morals and the general welfare may provide,
among other things, for:
(1) The regulation and restriction within the area to be
annexed of the location and the use of buildings, structures
and land for residence, trade, industrial and other purposes;
the height, number of stories, size, construction and design of
buildings and other structures; the size of yards, courts and
other open spaces on the lot or tract; the density of population; the set-back of buildings and structures along highways,
parks or public water frontages; and the subdivision and
development of land;
(2) The division of the area to be annexed into districts or
zones of any size or shape, and within such districts or zones
regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land;
(3) The appointment of a board of adjustment, to make,
in appropriate cases and subject to appropriate conditions and
safeguards established by ordinance, special exceptions in
harmony with the general purposes and intent of the proposed
zoning regulation; and
(4) The time interval following an annexation during
which the ordinance or resolution adopting any such proposed regulation, or any part thereof, must remain in effect
before it may be amended, supplemented or modified by subsequent ordinance or resolution adopted by the annexing city
or town.
All such regulations and restrictions shall be designed,
among other things, to encourage the most appropriate use of
land throughout the area to be annexed; to lessen traffic congestion and accidents; to secure safety from fire; to provide
adequate light and air; to prevent overcrowding of land; to
avoid undue concentration of population; to promote a coordinated development of the unbuilt areas; to encourage the
formation of neighborhood or community units; to secure an
appropriate allotment of land area in new developments for
all the requirements of community life; to conserve and
restore natural beauty and other natural resources; to facilitate the adequate provision of transportation, water, sewerage
and other public uses and requirements. [1967 ex.s. c 119 §
35A.14.330.]
35A.14.330
35A.14.340 Notice and hearing—Filings and recordings. The legislative body of the code city shall hold two or
more public hearings, to be held at least thirty days apart,
upon the proposed zoning regulation, giving notice of the
time and place thereof by publication in a newspaper of general circulation in the annexing city and the area to be
35A.14.340
[Title 35A RCW—page 31]
35A.14.380
Title 35A RCW: Optional Municipal Code
annexed. A copy of the ordinance or resolution adopting or
embodying such proposed zoning regulation or any part
thereof or any amendment thereto, duly certified as a true
copy by the clerk of the annexing city, shall be filed with the
county auditor. A like certified copy of any map or plat
referred to or adopted by the ordinance or resolution shall
likewise be filed with the county auditor. The auditor shall
record the ordinance or resolution and keep on file the map or
plat. [1967 ex.s. c 119 § 35A.14.340.]
Annexation of water, sewer, and fire districts: Chapter 35.13A RCW.
35A.14.380 Ownership of assets of fire protection
district—Assumption of responsibility of fire protection—When at least sixty percent of assessed valuation is
annexed or incorporated in code city. If a portion of a fire
protection district including at least sixty percent of the
assessed valuation of the real property of the district is
annexed to or incorporated into a code city, ownership of all
of the assets of the district shall be vested in the code city,
upon payment in cash, properties or contracts for fire protection services to the district within one year, of a percentage of
the value of said assets equal to the percentage of the value of
the real property in the entire district remaining outside the
incorporated or annexed area.
The fire protection district may elect, by a vote of a
majority of the persons residing outside the annexed area
who vote on the proposition, to require the annexing code
city to assume responsibility for the provision of fire protection, and for the operation and maintenance of the district’s
property, facilities, and equipment throughout the district and
to pay the code city a reasonable fee for such fire protection,
operation, and maintenance. [1981 c 332 § 8; 1967 ex.s. c
119 § 35A.14.380.]
35A.14.380
Severability—1981 c 332: See note following RCW 35.13.165.
35A.14.400 Ownership of assets of fire protection
district—When less than sixty percent of assessed valuation is annexed or incorporated in code city. If a portion of
a fire protection district including less than sixty percent of
the assessed value of the real property of the district is
annexed to or incorporated into a code city, the ownership of
all assets of the district shall remain in the district and the district shall pay to the code city within one year or within such
period of time as the district continues to collect taxes in such
incorporated or annexed areas, in cash, properties or contracts for fire protection services, a percentage of the value of
said assets equal to the percentage of the value of the real
property in the entire district lying within the area so incorporated or annexed: PROVIDED, That if less than five percent
of the area of the district is affected, no payment shall be
made to the code city except as provided in RCW 35.02.205.
The fire protection district shall provide fire protection to the
incorporated or annexed area for such period as the district
continues to collect taxes levied in such annexed or incorporated area. [1989 c 267 § 2; 1967 ex.s. c 119 § 35A.14.400.]
35A.14.400
35A.14.410 When right-of-way may be included—
Use of right-of-way line as corporate boundary. The
boundaries of a code city arising from an annexation of territory shall not include a portion of the right-of-way of any
35A.14.410
[Title 35A RCW—page 32]
public street, road, or highway except where the boundary
runs from one edge of the right-of-way to the other edge of
the right-of-way. However, the right-of-way line of any public street, road, or highway, or any segment thereof, may be
used to define a part of a corporate boundary in an annexation
proceeding. [1989 c 84 § 9.]
35A.14.420 Alternative direct petition method—
Notice to legislative body—Meeting—Assumption of
indebtedness—Proposed zoning regulation—Contents of
petition. (1) Proceedings for initiating annexation of unincorporated territory to a charter code city or noncharter code
city may be commenced by the filing of a petition of property
owners of the territory proposed to be annexed, in the following manner which is alternative to other methods provided in
this chapter:
(a) Before the circulation of a petition for annexation, the
initiating party or parties, who shall be the owners of not less
than ten percent of the acreage for which annexation is
sought, shall notify the legislative body of the code city in
writing of their intention to commence annexation proceedings;
(b) The legislative body shall set a date, not later than
sixty days after the filing of the request, for a meeting with
the initiating parties to determine whether the code city will
accept, reject, or geographically modify the proposed annexation, whether it shall require the simultaneous adoption of a
proposed zoning regulation, if such a proposal has been prepared and filed for the area to be annexed as provided for in
RCW 35A.14.330 and 35A.14.340, and whether it shall
require the assumption of all or any portion of existing city
indebtedness by the area to be annexed;
(c) If the legislative body requires the assumption of all
or any portion of indebtedness and/or the adoption of a proposed zoning regulation, it shall record this action in its minutes and the petition for annexation shall be so drawn as to
clearly indicate these facts;
(d) Approval by the legislative body shall be a condition
precedent to circulation of the petition; and
(e) There shall be no appeal from the decision of the legislative body.
(2) A petition for annexation of an area contiguous to a
code city may be filed with the legislative body of the municipality to which annexation is desired. The petition for
annexation must be signed by the owners of a majority of the
acreage for which annexation is petitioned and a majority of
the registered voters residing in the area for which annexation
is petitioned.
(3) If no residents exist within the area proposed for
annexation, the petition must be signed by the owners of a
majority of the acreage for which annexation is petitioned.
(4) The petition shall set forth a legal description of the
property proposed to be annexed that complies with RCW
35A.14.410, and shall be accompanied by a drawing that outlines the boundaries of the property sought to be annexed. If
the legislative body has required the assumption of all or any
portion of city indebtedness by the area annexed or the adoption of a proposed zoning regulation, these facts, together
with a quotation of the minute entry of such requirement, or
requirements, shall also be set forth in the petition. [2003 c
331 § 10.]
35A.14.420
(2008 Ed.)
Annexation by Code Cities
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
35A.14.430 Alternative direct petition method—
Notice of hearing. When a petition for annexation is filed
with the legislative body of a code city, that meets the
requirements of RCW 35A.01.040 and 35A.14.420, the legislative body may entertain the same, fix a date for a public
hearing thereon and cause notice of the hearing to be published in one or more issues of a newspaper of general circulation in the city. The notice shall also be posted in three public places within the territory proposed for annexation, and
shall specify the time and place of hearing and invite interested persons to appear and voice approval or disapproval of
the annexation. [2003 c 331 § 11.]
35A.14.430
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
35A.14.440 Alternative direct petition method—
Ordinance providing for annexation. Following the hearing, if the legislative body determines to effect the annexation, they shall do so by ordinance. Subject to RCW
35A.14.410, the ordinance may annex all or any portion of
the proposed area but may not include in the annexation any
property not described in the petition. Upon passage of the
annexation ordinance, a certified copy shall be filed with the
board of county commissioners of the county in which the
annexed property is located. [2003 c 331 § 12.]
35A.14.440
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
35A.14.450 Alternative direct petition method—
Effective date of annexation. Upon the date fixed in the
ordinance of annexation, the area annexed shall become part
of the city. All property within the annexed territory shall, if
the annexation petition so provided, be assessed and taxed at
the same rate and on the same basis as the property of the
annexing code city is assessed and taxed to pay for the portion of any then-outstanding indebtedness of the city to which
the area is annexed, which indebtedness has been approved
by the voters, contracted for, or incurred before, or existing
at, the date of annexation and that the city has required to be
assumed. If the annexation petition so provided, all property
in the annexed area shall be subject to and a part of the proposed zoning regulation as prepared and filed as provided for
in RCW 35A.14.330 and 35A.14.340. [2003 c 331 § 13.]
35A.14.450
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
35A.14.460 Annexation of territory within urban
growth areas—Interlocal agreement—Public hearing—
Ordinance providing for annexation. (1) The legislative
body of a county or code city planning under chapter 36.70A
RCW and subject to the requirements of RCW 36.70A.215
may initiate an annexation process for unincorporated territory by adopting a resolution commencing negotiations for an
interlocal agreement as provided in chapter 39.34 RCW
between a county and any code city within the county. The
territory proposed for annexation must meet the following
criteria: (a) Be within the code city urban growth area designated under RCW 36.70A.110, and (b) at least sixty percent
35A.14.460
(2008 Ed.)
35A.14.470
of the boundaries of the territory proposed for annexation
must be contiguous to the annexing code city or one or more
cities or towns.
(2) If the territory proposed for annexation has been designated in an adopted county comprehensive plan as part of
an urban growth area, urban service area, or potential annexation area for a specific city, or if the urban growth area territory proposed for annexation has been designated in a written
agreement between a city and a county for annexation to a
specific city or town, the designation or designations shall
receive full consideration before a city or county may initiate
the annexation process provided for in RCW 35A.14.470.
(3) The agreement shall describe the boundaries of the
territory to be annexed. A public hearing shall be held by
each legislative body, separately or jointly, before the agreement is executed. Each legislative body holding a public
hearing shall, separately or jointly, publish the agreement at
least once a week for two weeks before the date of the hearing
in one or more newspapers of general circulation within the
territory proposed for annexation.
(4) Following adoption and execution of the agreement
by both legislative bodies, the city legislative body shall
adopt an ordinance providing for the annexation of the territory described in the agreement. The legislative body shall
cause notice of the proposed effective date of the annexation,
together with a description of the property to be annexed, to
be published at least once each week for two weeks subsequent to passage of the ordinance, in one or more newspapers
of general circulation within the city and in one or more
newspapers of general circulation within the territory to be
annexed. If the annexation ordinance provides for assumption of indebtedness or adoption of a proposed zoning regulation, the notice shall include a statement of the requirements.
Any territory to be annexed through an ordinance adopted
under this section is annexed and becomes a part of the city
upon the date fixed in the ordinance of annexation, which
date may not be fewer than forty-five days after adoption of
the ordinance. [2003 c 299 § 3.]
35A.14.470 Annexation of territory within urban
growth areas—County may initiate process with other
cities or towns—Interlocal agreement—Public hearing—
Ordinance—Referendum—Election, when necessary. (1)
The legislative body of any county planning under chapter
36.70A RCW and subject to the requirements of RCW
36.70A.215 may initiate an annexation process with the legislative body of any other cities or towns that are contiguous
to the territory proposed for annexation in RCW 35A.14.460
if:
(a) The county legislative body initiated an annexation
process as provided in RCW 35A.14.460; and
(b) The affected city legislative body adopted a responsive resolution rejecting the proposed annexation or declined
to create the requested interlocal agreement with the county;
or
(c) More than one hundred eighty days have passed since
adoption of a county resolution as provided for in RCW
35A.14.460 and the parties have not adopted or executed an
interlocal agreement providing for the annexation of unincorporated territory. The legislative body for either the county
or an affected city may, however, pass a resolution extending
35A.14.470
[Title 35A RCW—page 33]
35A.14.500
Title 35A RCW: Optional Municipal Code
the negotiation period for one or more six-month periods if a
public hearing is held and findings of fact are made prior to
each extension.
(2) Any county initiating the process provided for in subsection (1) of this section must do so by adopting a resolution
commencing negotiations for an interlocal agreement as provided in chapter 39.34 RCW between the county and any city
or town within the county. The annexation area must be
within an urban growth area designated under RCW
36.70A.110 and at least sixty percent of the boundaries of the
territory to be annexed must be contiguous to one or more cities or towns.
(3) The agreement shall describe the boundaries of the
territory to be annexed. A public hearing shall be held by
each legislative body, separately or jointly, before the agreement is executed. Each legislative body holding a public
hearing shall, separately or jointly, publish the agreement at
least once a week for two weeks before the date of the hearing
in one or more newspapers of general circulation within the
territory proposed for annexation.
(4) Following adoption and execution of the agreement
by both legislative bodies, the city or town legislative body
shall adopt an ordinance providing for the annexation. The
legislative body shall cause notice of the proposed effective
date of the annexation, together with a description of the
property to be annexed, to be published at least once each
week for two weeks subsequent to passage of the ordinance,
in one or more newspapers of general circulation within the
city and in one or more newspapers of general circulation
within the territory to be annexed. If the annexation ordinance provides for assumption of indebtedness or adoption of
a proposed zoning regulation, the notice shall include a statement of the requirements. Any area to be annexed through an
ordinance adopted under this section is annexed and becomes
a part of the city or town upon the date fixed in the ordinance
of annexation, which date may not be less than forty-five
days after adoption of the ordinance.
(5) The annexation ordinances provided for in RCW
35A.14.460(4) and subsection (4) of this section are subject
to referendum for forty-five days after passage. Upon the filing of a timely and sufficient referendum petition with the
legislative body, signed by registered voters in number equal
to not less than fifteen percent of the votes cast in the last general state election in the area to be annexed, the question of
annexation shall be submitted to the voters of the area in a
general election if one is to be held within ninety days or at a
special election called for that purpose according to RCW
29A.04.330. Notice of the election shall be given as provided
in RCW 35A.14.070 and the election shall be conducted as
provided in the general election law. The annexation shall be
deemed approved by the voters unless a majority of the votes
cast on the proposition are in opposition thereto.
After the expiration of the forty-fifth day from but
excluding the date of passage of the annexation ordinance, if
no timely and sufficient referendum petition has been filed,
the area annexed shall become a part of the city or town upon
the date fixed in the ordinance of annexation.
(6) If more than one city or town adopts interlocal agreements providing for annexation of the same unincorporated
territory as provided by this section, an election shall be held
in the area to be annexed pursuant to RCW 35A.14.070. In
[Title 35A RCW—page 34]
addition to the provisions of RCW 35A.14.070, the ballot
shall also contain a separate proposition allowing voters to
cast votes in favor of annexation to any one city or town participating in an interlocal agreement as provided by this section. If a majority of voters voting on the proposition vote
against annexation, the proposition is defeated. If, however,
a majority of voters voting in the election approve annexation, the area shall be annexed to the city or town receiving
the highest number of votes among those cast in favor of
annexation.
(7) Costs for an election required under subsection (6) of
this section shall be borne by the county. [2006 c 344 § 26;
2003 c 299 § 4.]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
35A.14.500 Outstanding indebtedness not affected.
When any portion of a fire protection district is annexed by or
incorporated into a code city, any outstanding indebtedness,
bonded or otherwise, shall remain an obligation of the taxable
property annexed or incorporated as if the annexation or
incorporation had not occurred. [1967 ex.s. c 119 §
35A.14.500.]
35A.14.500
35A.14.550 Providing annexation information to
public. A code city can provide factual public information
on the effects of pending annexation proposed for the code
city. [1989 c 351 § 9.]
35A.14.550
35A.14.700 Determining population of annexed territory—Certificate—As basis for allocation of state
funds—Revised certificate. Whenever any territory is
annexed to a code city, a certificate as hereinafter provided
shall be submitted in triplicate to the office of financial management within thirty days of the effective date of annexation
specified in the relevant ordinance. After approval of the certificate, the office of financial management shall retain the
original copy in its files, and transmit the second copy to the
department of transportation and return the third copy to the
code city. Such certificates shall be in such form and contain
such information as shall be prescribed by the office of financial management. A copy of the complete ordinance containing a legal description and a map showing specifically the
boundaries of the annexed territory shall be attached to each
of the three copies of the certificate. The certificate shall be
signed by the mayor and attested by the city clerk. Upon
request, the office of financial management shall furnish certification forms to any code city.
Upon approval of the annexation certificate, the office of
financial management shall forward to each state official or
department responsible for making allocations or payments
to cities or towns, a revised certificate reflecting the increase
in population due to such annexation. Upon and after the date
of the commencement of the next quarterly period, the population determination indicated in such revised certificate shall
be used as the basis for the allocation and payment of state
funds to such city or town.
For the purposes of this section, each quarterly period
shall commence on the first day of the months of January,
April, July, and October. Whenever a revised certificate is
35A.14.700
(2008 Ed.)
Annexation by Code Cities
forwarded by the office of financial management thirty days
or less prior to the commencement of the next quarterly
period, the population of the annexed territory shall not be
considered until the commencement of the following quarterly period.
The resident population of the annexed territory shall be
determined by, or under the direction of, the mayor of the
code city. Such population determination shall consist of an
actual enumeration of the population which shall be made in
accordance with practices and policies, and subject to the
approval of the office of financial management. The population shall be determined as of the effective date of annexation
as specified in the relevant ordinance.
Until an annexation certificate is filed and approved as
provided herein, such annexed territory shall not be considered by the office of financial management in determining
the population of such code city. [1979 ex.s. c 18 § 28; 1979
c 151 § 35; 1975 1st ex.s. c 31 § 2; 1967 ex.s. c 119 §
35A.14.700.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
Population determinations, office of financial management: Chapter 43.62
RCW.
35A.14.801 Taxes collected in annexed territory—
Notification of annexation. (1) Whenever any territory is
annexed to a code city which is part of a road district of the
county and road district taxes have been levied but not collected on any property within the annexed territory, the same
shall when collected by the county treasurer be paid to the
code city and by the city placed in the city street fund; except
that road district taxes that are delinquent before the date of
annexation shall be paid to the county and placed in the
county road fund.
(2) When territory that is part of a fire district is annexed
to a code city, the following apply:
(a) Fire district taxes on annexed property that were levied, but not collected, and were not delinquent at the time of
the annexation shall, when collected, be paid to the annexing
code city at times required by the county, but no less frequently than by July 10th for collections through June 30th
and January 10th for collections through December 31st following the annexation; and
(b) Fire district taxes on annexed property that were levied, but not collected, and were delinquent at the time of the
annexation and the pro rata share of the current year levy
budgeted for general obligation debt, when collected, shall be
paid to the fire district.
(3) When territory that is part of a library district is
annexed to a code city, the following apply:
(a) Library district taxes on annexed property that were
levied, but not collected, and were not delinquent at the time
of the annexation shall, when collected, be paid to the annexing code city at times required by the county, but no less frequently than by July 10th for collections through June 30th
and January 10th for collections through December 31st following the annexation; and
(b) Library district taxes on annexed property that were
levied, but not collected, and were delinquent at the time of
the annexation and the pro rata share of the current year levy
budgeted for general obligation debt, when collected, shall be
paid to the library district.
35A.14.801
(2008 Ed.)
35A.14.900
(4) Subsections (1) through (3) of this section do not
apply to any special assessments due in behalf of such property.
(5) If a code city annexes property within a fire district or
library district while any general obligation bond secured by
the taxing authority of the district is outstanding, the bonded
indebtedness of the fire district or library district remains an
obligation of the taxable property annexed as if the annexation had not occurred.
(6) The code city is required to provide notification, by
certified mail, that includes a list of annexed parcel numbers,
to the county treasurer and assessor, and to the fire district
and library district, as appropriate, at least thirty days before
the effective date of the annexation. The county treasurer is
only required to remit to the code city those road taxes, fire
district taxes, and library district taxes collected thirty or
more days after receipt of the notification.
(7)(a) In counties that do not have a boundary review
board, the code city shall provide notification to the fire district or library district of the jurisdiction’s resolution approving the annexation. The notification required under this subsection must:
(i) Be made by certified mail within seven days of the
resolution approving the annexation; and
(ii) Include a description of the annexed area.
(b) In counties that have a boundary review board, the
code city shall provide notification of the proposed annexation to the fire district or library district simultaneously
when notice of the proposed annexation is provided by the
jurisdiction to the boundary review board under RCW
36.93.090.
(8) The provisions of this section regarding (a) the transfer of fire and library district property taxes and (b) code city
notifications to fire and library districts do not apply if the
code city has been annexed to and is within the fire or library
district when the code city approves a resolution to annex
unincorporated county territory. [2007 c 285 § 2; 2001 c 299
§ 3; 1998 c 106 § 2; 1971 ex.s. c 251 § 14.]
Severability—1971 ex.s. c 251: See RCW 35A.90.050.
35A.14.900 Cancellation, acquisition of franchise or
permit for operation of public service business in territory annexed—Regulation of solid waste collection. The
annexation by any code city of any territory pursuant to this
chapter shall cancel, as of the effective date of such annexation, any franchise or permit theretofore granted to any person, firm or corporation by the state of Washington, or by the
governing body of such annexed territory, authorizing or otherwise permitting the operation of any public utility, including but not limited to, public electric, water, transportation,
garbage disposal or other similar public service business or
facility within the limits of the annexed territory, but the
holder of any such franchise or permit canceled pursuant to
this section shall be forthwith granted by the annexing code
city a franchise to continue such business within the annexed
territory for a term of not less than seven years from the date
of issuance thereof, and the annexing code city, by franchise,
permit or public operation, shall not extend similar or competing services to the annexed territory except upon a proper
showing of the inability or refusal of such person, firm or cor35A.14.900
[Title 35A RCW—page 35]
35A.14.901
Title 35A RCW: Optional Municipal Code
poration to adequately service said annexed territory at a reasonable price: PROVIDED, That the provisions of this section shall not preclude the purchase by the annexing code city
of said franchise, business, or facilities at an agreed or negotiated price, or from acquiring the same by condemnation
upon payment of damages, including a reasonable amount for
the loss of the franchise or permit. In the event that any person, firm or corporation whose franchise or permit has been
canceled by the terms of this section shall suffer any measurable damages as a result of any annexation pursuant to the
provisions of the laws above-mentioned, such person, firm or
corporation shall have a right of action against any code city
causing such damages.
After an annexation by a code city, the utilities and transportation commission shall continue to regulate solid waste
collection within the limits of the annexed territory until such
time as the city notifies the commission, in writing, of its
decision to contract for solid waste collection or provide solid
waste collection itself pursuant to RCW 81.77.020. In the
event the annexing city at any time decides to contract for
solid waste collection or decides to undertake solid waste collection itself, the holder of any such franchise or permit that
is so canceled in whole or in part shall be forthwith granted
by the annexing city a franchise to continue such business
within the annexed territory for a term of not less than the
remaining term of the original franchise or permit, or not less
than seven years, whichever is the shorter period, and the
city, by franchise, permit, or public operation, shall not
extend similar or competing services to the annexed territory
except upon a proper showing of the inability or refusal of
such person, firm, or corporation to adequately service the
annexed territory at a reasonable price. Upon the effective
date specified by the code city council’s ordinance or resolution to have the code city contract for solid waste collection
or undertake solid waste collection itself, the transition period
specified in this section begins to run. This section does not
preclude the purchase by the annexing city of the franchise,
business, or facilities at an agreed or negotiated price, or from
acquiring the same by condemnation upon payment of damages, including a reasonable amount for the loss of the franchise or permit. In the event that any person, firm, or corporation whose franchise or permit has been canceled by the
terms of this section suffers any measurable damages as a
result of any annexation pursuant to this chapter, such person,
firm, or corporation has a right of action against any city
causing such damages. [1997 c 171 § 3; 1967 ex.s. c 119 §
35A.14.900.]
Severability—1997 c 171: See note following RCW 35.02.160.
Chapter 35A.15
Chapter 35A.15 RCW
DISINCORPORATION
Sections
35A.15.001
35A.15.010
35A.15.020
35A.15.040
35A.15.050
35A.15.060
35A.15.070
35A.15.080
35A.15.090
35A.15.100
35A.15.105
35A.15.110
Actions subject to review by boundary review board.
Authority for disincorporation—Petition—Resolution.
Election on disincorporation—Receiver.
Ballots—Election results.
Effect of disincorporation—Powers—Offices.
Receiver—Qualification—Bond—When receiver may be
appointed.
Duties and authority of receiver—Claims—Priority.
Compensation of receiver.
Receiver—Removal for cause—Successive appointments.
Receiver—Final account and discharge.
Applicability of general receivership law.
Involuntary dissolution.
35A.15.001 Actions subject to review by boundary
review board. Actions taken under chapter 35A.15 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 39.]
35A.15.001
35A.15.010 Authority for disincorporation—Petition—Resolution. Any noncharter code city may be disincorporated. Proceedings may be initiated by the filing with
the county auditor of a petition for disincorporation signed by
a majority of the registered voters resident in such city, or the
legislative body of the city may provide by resolution for an
election on the proposition of disincorporation. [1990 c 259
§ 11; 1967 ex.s. c 119 § 35A.15.010.]
35A.15.010
Sufficiency of petition in code city: RCW 35A.01.040.
35A.15.020 Election on disincorporation—Receiver.
The legislative body shall cause the proposition of disincorporation to be submitted to the voters at the next general
municipal election if one is to be held within one hundred and
eighty days, or at a special election called for that purpose not
less than ninety days, nor more than one hundred and eighty
days, after the certification of sufficiency of the petition, or
the passage of the resolution, as the case may be. If the code
city has any indebtedness or outstanding liabilities, the legislative body shall provide for election of a receiver at the same
election. [1967 ex.s. c 119 § 35A.15.020.]
35A.15.020
35A.15.040 Ballots—Election results. Ballot titles
shall be prepared by the city as provided in RCW 35A.29.120
and shall contain the words "For Dissolution" and "Against
Dissolution", and shall contain on separate lines, alphabetically, the names of candidates for receiver. If a majority of
the votes cast on the proposition are for dissolution, the
municipal corporation shall be dissolved upon certification of
the election results to the office of the secretary of state.
[1994 c 223 § 39; 1967 ex.s. c 119 § 35A.15.040.]
35A.15.040
35A.15.050 Effect of disincorporation—Powers—
Offices. The effect of disincorporation of a noncharter code
city shall be as provided in RCW 35.07.090, 35.07.100, and
35.07.110. [1967 ex.s. c 119 § 35A.15.050.]
35A.15.050
35A.14.901
35A.14.901 Application of chapter to annexations
involving water or sewer service. Nothing in this chapter
precludes or otherwise applies to an annexation by a code city
of unincorporated territory as authorized by RCW 57.24.170,
57.24.190, and 57.24.210. [1996 c 230 § 1604; 1995 c 279 §
4.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
[Title 35A RCW—page 36]
35A.15.060 Receiver—Qualification—Bond—When
receiver may be appointed. The receiver shall qualify and
post a bond as provided in RCW 35.07.120. If an elected
receiver fails to qualify within the time prescribed, or if no
35A.15.060
(2008 Ed.)
Reduction of City Limits
receiver has been elected and the code city does have indebtedness or an outstanding liability, a receiver shall be
appointed in the manner provided in RCW 35.07.130 or as
prov id ed in R CW 3 5.07 .140 . [1 967 ex .s. c 119 §
35A.15.060.]
35A.15.070 Duties and authority of receiver—
Claims—Priority. The duties and authority of the receiver
and the disposition and priority of claims against the former
municipality shall be as provided in RCW 35.07.150, and the
receiver shall have the rights, powers, and limitations provided for such a receiver in RCW 35.07.160, 35.07.170, and
35.07.180. [1967 ex.s. c 119 § 35A.15.070.]
35A.15.070
35A.15.080 Compensation of receiver. The compensation of the receiver shall be as provided in RCW 35.07.190.
[1967 ex.s. c 119 § 35A.15.080.]
35A.15.080
35A.15.090 Receiver—Removal for cause—Successive appointments. The receiver may be removed for cause
as provided in RCW 35.07.200 and a successor to the
receiver may be appointed as provided in RCW 35.07.210.
[1967 ex.s. c 119 § 35A.15.090.]
35A.15.090
35A.15.100 Receiver—Final account and discharge.
The receiver shall file a final account, pay remaining funds to
the county treasurer, and be discharged, all as provided in
RCW 35.07.220. [1967 ex.s. c 119 § 35A.15.100.]
35A.15.100
35A.15.105 Applicability of general receivership law.
The provisions of Title 7 RCW generally applicable to
receivers and receiverships do not apply to receivers elected
or appointed under this chapter. [2004 c 165 § 44.]
35A.15.105
Purpose—Captions not law—2004 c 165: See notes following RCW
7.60.005.
35A.15.110 Involuntary dissolution. A noncharter
code city may be involuntarily dissolved in the manner provided in RCW 35.07.230, 35.07.240, 35.07.250, and
35.07.260 upon the existence of the conditions stated in
RCW 35.07.230. [1967 ex.s. c 119 § 35A.15.110.]
35A.15.110
Chapter 35A.16
Chapter 35A.16 RCW
REDUCTION OF CITY LIMITS
Sections
35A.16.001
35A.16.010
35A.16.030
35A.16.040
35A.16.050
35A.16.060
35A.16.070
35A.16.080
Actions subject to review by boundary review board.
Petition or resolution for election.
Abstract of vote.
Effective date of reduction.
Recording of ordinance and plat on effective date of reduction.
Effect of exclusion as to liability for indebtedness.
Franchises within territory excluded.
Exclusion of agricultural land from the incorporated area of a
code city.
35A.16.001 Actions subject to review by boundary
review board. Actions taken under chapter 35A.16 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 40.]
35A.16.001
(2008 Ed.)
35A.16.070
35A.16.010 Petition or resolution for election. Upon
the filing of a petition which is sufficient as determined by
RCW 35A.01.040 praying for the exclusion from the boundaries of a code city of an area described by metes and bounds
or by reference to a recorded plat or government survey,
signed by qualified voters of the city in number equal to not
less than ten percent of the number of votes cast at the last
general municipal election, the legislative body of the code
city shall cause the question to be submitted to the voters. As
an alternate method, such a proposal for exclusion from the
code city of a described area may be submitted to the voters
by resolution of the legislative body. The question shall be
submitted at the next general municipal election if one is to
be held within one hundred and eighty days or at a special
election called for that purpose not less than ninety days nor
more than one hundred and eighty days after the certification
of sufficiency of the petition or the passage of the resolution.
The petition or resolution shall set out and describe the territory to be excluded from the code city, together with the
boundaries of the code city as it will exist after such change
is made. [1967 ex.s. c 119 § 35A.16.010.]
35A.16.010
35A.16.030 Abstract of vote. If three-fifths of the
votes cast on the proposition favor the reduction of the corporate limits, the county auditor shall make and transmit to the
office of the secretary of state a certified abstract of the vote.
[1994 c 223 § 40; 1967 ex.s. c 119 § 35A.16.030.]
35A.16.030
35A.16.040 Effective date of reduction. Promptly
after the filing of the abstract of votes with the secretary of
state the legislative body shall adopt an ordinance defining
and fixing the corporate limits after excluding the area as
determined by the election. The ordinance shall also describe
the excluded territory by metes and bounds or by reference to
a recorded plat or government survey and declare it no longer
a part of the code city. [1967 ex.s. c 119 § 35A.16.040.]
35A.16.040
35A.16.050 Recording of ordinance and plat on effective date of reduction. Upon the effective date of the ordinance a certified copy thereof together with a map showing
the corporate limits as altered shall be filed and recorded in
the office of the county auditor of the county in which the
code city is situated, and thereupon the boundaries shall be as
set forth therein. [1967 ex.s. c 119 § 35A.16.050.]
35A.16.050
35A.16.060 Effect of exclusion as to liability for
indebtedness. The exclusion of an area from the boundaries
of the code city shall not exempt any real property therein
from taxation for the purpose of paying any indebtedness of
the code city existing at the time of its exclusion and the interest thereon. [1967 ex.s. c 119 § 35A.16.060.]
35A.16.060
35A.16.070 Franchises within territory excluded. In
regard to franchises previously granted for operation of any
public service business or facility within the territory
excluded from a code city by proceedings under this chapter,
the rights, obligations, and duties of the legislative body of
the county or other political subdivision having jurisdiction
over such territory and of the franchise holder shall be as provided in RCW 35.02.160, relating to inclusion of territory by
35A.16.070
[Title 35A RCW—page 37]
35A.16.080
Title 35A RCW: Optional Municipal Code
an incorporation, and such a franchise shall be canceled and a
new franchise issued by the legislative body having jurisdiction, as therein provided. [1967 ex.s. c 119 § 35A.16.070.]
35A.16.080 Exclusion of agricultural land from the
incorporated area of a code city. Proceedings for excluding
agricultural land from the boundaries of a charter code city or
noncharter code city may be commenced by the filing of a
petition which is sufficient as determined by RCW
35A.01.040 by property owners of the agricultural land proposed to be excluded, in the following manner which is alternative to other methods provided in this chapter:
(1) A petition for exclusion of agricultural land from the
incorporated area of a code city shall be filed with the legislative body of the municipality. The petition for exclusion
must be signed by the owners of not less than one hundred
percent of the agricultural land for which exclusion is sought
and, if residents exist within the area proposed for exclusion,
a majority of the registered voters residing in the area for
which exclusion is petitioned.
(2) The petition shall set forth a legal description of the
territory proposed to be excluded and shall be accompanied
by a drawing that outlines the boundaries of the territory
sought to be excluded.
(3) When a petition for exclusion that meets the requirements of this section and RCW 35A.01.040 is filed with the
legislative body of the code city, the legislative body shall set
a date, not later than sixty days after the filing of the request,
for a public hearing thereon and cause notice of the hearing to
be published in one or more issues of a newspaper of general
circulation in the city. The notice shall also be posted in three
public places within the territory proposed for exclusion, and
shall specify the time and place of hearing and invite interested persons to appear and voice approval or disapproval of
the exclusion.
(4) Following the hearing, if the legislative body determines to effect the exclusion from city boundaries, they shall
do so by ordinance. The ordinance may exclude all or any
portion of the proposed territory but may not include in the
exclusion any territory not described in the petition. The
ordinance shall contain a legal description of the territory and
declare it no longer a part of the code city. [2005 c 77 § 1.]
35A.16.080
Chapter 35A.21 RCW
PROVISIONS AFFECTING ALL CODE CITIES
Chapter 35A.21
Sections
35A.21.010
35A.21.020
35A.21.030
35A.21.040
35A.21.050
35A.21.060
35A.21.070
35A.21.080
35A.21.090
35A.21.100
35A.21.110
35A.21.120
35A.21.125
35A.21.130
35A.21.140
35A.21.150
35A.21.152
Validity of ordinances and resolutions—Deficiencies of form.
Conflict between charter and optional code.
Mandatory duties of code city officers.
Merit systems.
Pension and retirement systems.
Garbage ordinance—Lien—Foreclosure.
Office hours prescribed by ordinance.
Computation of time.
Jurisdiction over adjacent waters—Control of street over tidelands.
Lien for utility services.
Warrants—Interest rate—Payment.
Utilities—Facilities for generation of electricity.
Locally regulated utilities—Attachments to poles.
Codification of ordinances.
Change of name.
Sewerage and refuse collection and disposal systems.
Solid waste collection—Rate increase notice.
[Title 35A RCW—page 38]
35A.21.153 Solid waste collection curbside recycling—Reduced rate.
35A.21.155 Collection and transportation of recyclable materials by recycling companies or nonprofit entities—Reuse or reclamation—Application of chapter.
35A.21.160 General application of laws to code cities.
35A.21.161 Regulation of activities and enforcement of penal laws.
35A.21.162 Nonpolluting power generation by individual—Exemption
from regulation—Authorization to contract with utility.
35A.21.164 Hydroelectric resources—Separate legal authority—Creation
by irrigation districts and cities, towns, or public utility districts.
35A.21.170 Fiscal year.
35A.21.180 Flags to be displayed.
35A.21.190 Daylight saving time.
35A.21.195 Actions by and against code cities.
35A.21.200 Limitation of actions.
35A.21.210 Revision of corporate boundary within street, road, or highway
right-of-way by substituting right-of-way line—Not subject
to review.
35A.21.220 Insurance and workers’ compensation for offenders performing community restitution.
35A.21.230 Designation of official newspaper.
35A.21.240 Right-of-way donations—Credit against required improvements.
35A.21.245 Facilities and rights-of-way—Requirements and restrictions—
Application to code cities.
35A.21.250 Building construction projects—Code city prohibited from
requiring state agencies or local governments to provide
bond or other security as a condition for issuance of permit.
35A.21.260 Amateur radio antennas—Local regulation to conform with
federal law.
35A.21.270 Assumption of substandard water system—Limited immunity
from liability.
35A.21.275 Regulation of automatic number or location identification—
Prohibited.
35A.21.280 Statement of restrictions applicable to real property.
35A.21.290 Fish enhancement project—Code city’s liability.
35A.21.300 Rail fixed guideway system—Safety program plan and security and emergency preparedness plan.
35A.21.310 Mobile home, manufactured home, or park model moving or
installing—Copies of permits—Definitions.
35A.21.312 Authority to regulate placement or use of homes—Regulation
of manufactured homes—Issuance of permits—Restrictions
on location of mobile homes or manufactured homes.
35A.21.320 Abandoned or derelict vessels.
35A.21.330 Regulation of financial transactions—Limitations.
35A.21.335 Registration under or compliance with streamlined sales and
use tax agreement—Prohibited requirement for businesses.
Demonstration Cities and Metropolitan Development Act—Authority of cities to contract with federal government: RCW 35.21.660.
Disturbances at state penal facilities—Local participation and reimbursement: Chapter 72.02 RCW.
Fire protection, ambulance or other emergency services provided by municipal corporation within county—Financial and other assistance by
county authorized: RCW 36.32.470.
Limitation on penalty for act constituting a crime under state law: RCW
35.21.163.
Local adopt-a-highway programs: RCW 47.40.105.
Transfer of real property or contract for use for park and recreational purposes: RCW 39.33.060.
35A.21.010 Validity of ordinances and resolutions—
Deficiencies of form. Deficiencies in the form of an ordinance or resolution shall not affect the validity thereof if the
following requirements are met:
(1) The purpose and intent of the ordinance or resolution
are clear.
(2) Any regulatory or procedural provisions thereof are
expressed in clear and unambiguous terms, or the legislative
intent can be determined by usual methods of judicial construction.
(3) The legislative action was taken at an authorized public meeting held within the code city limits at a time and place
made known to residents of the city, as provided by law.
35A.21.010
(2008 Ed.)
Provisions Affecting All Code Cities
(4) The legislative body of the code city followed the
prescribed procedures, if any, for passage of such an ordinance or resolution, as provided in the law or charter provision delegating to the legislative body the authority to so legislate; or, if prescribed procedures were not strictly complied
with, no substantial detriment was incurred by any affected
person, by reason of such irregularity.
If the foregoing requirements have been met, brevity or
awkwardness of language, or defects of form not going to the
substance, or inadvertent use of an incorrect or inaccurate
proper name or term shall not render an ordinance or resolution invalid, if otherwise in compliance with law. [1967 ex.s.
c 119 § 35A.21.010.]
35A.21.020 Conflict between charter and optional
code. This optional municipal code is intended to be a general law, available to all cities and towns within the state, and
to all legal intents and purposes a "general law" within the
meaning of Article 11, section 10 of the state Constitution, as
amended.
If any provision of this title is in conflict with any provision of the charter or amendments thereto of any charter code
city, the provisions of this title shall govern and control,
except where the legislative body of such charter code city,
by ordinance, elects to retain such charter provision or
amendment, in which event such charter provision shall prevail notwithstanding a conflict with provisions of this
optional code: PROVIDED, That such ordinance shall be
subject to referendum as provided in RCW 35A.29.170.
[1967 ex.s. c 119 § 35A.21.020.]
35A.21.125
35A.21.070 Office hours prescribed by ordinance.
All code city offices shall be kept open for the transaction of
business during such days and hours as the legislative body of
such city shall by ordinance prescribe. [1967 ex.s. c 119 §
35A.21.070.]
35A.21.070
35A.21.080 Computation of time. When, under the
provisions of this title, an act is to be done within a certain
time period, the time shall be computed by excluding the first
day and including the last, except that when the last day is a
Saturday, Sunday, or a day designated by RCW 1.16.050 or
by the city’s ordinances as a holiday, then it also is excluded
and the act must be completed on the next business day.
[1967 ex.s. c 119 § 35A.21.080.]
35A.21.080
35A.21.020
35A.21.090 Jurisdiction over adjacent waters—Control of street over tidelands. The legislative body of a code
city shall have supervision and control within its corporate
limits of streets over tidelands or upon or across tide and
shore lands of the first class as provided in RCW 35.21.230,
35.21.240 and 35.21.250; and shall have jurisdiction over
adjacent waters as provided in RCW 35.21.160. [1967 ex.s.
c 119 § 35A.21.090.]
35A.21.090
35A.21.100 Lien for utility services. Code cities owning or operating waterworks or electric light distribution or
power plants shall have a lien for such utility services as provided by RCW 35.21.290 for cities owning such plants and as
limited therein, which lien may be enforced only as provided
in RCW 35.21.300. [1967 ex.s. c 119 § 35A.21.100.]
35A.21.100
35A.21.030 Mandatory duties of code city officers.
Except as otherwise provided in this title, every officer of a
code city shall perform, in the manner provided, all duties of
his office which are imposed by state law on officers of every
other class of city who occupy a like position and perform
like functions. [1967 ex.s. c 119 § 35A.21.030.]
35A.21.110 Warrants—Interest rate—Payment.
Code city warrants shall draw interest, be paid, and called for
all as provided in RCW 35.21.320 and the duty and liability
of the treasurer of a code city in calling and paying warrants
of the city shall be as provided in RCW 35.21.320. [1967
ex.s. c 119 § 35A.21.110.]
35A.21.040 Merit systems. Provisions for a merit system, made by charter or ordinance of a code city, shall be in
compliance with any applicable statutes relating to civil service for employees of such city: PROVIDED, That nothing
herein shall impair the validity of charter provisions adopted
prior to the effective date of this title and relating to a merit
system. [1967 ex.s. c 119 § 35A.21.040.]
35A.21.120 Utilities—Facilities for generation of
electricity. Any code city owning and operating a public
utility and having facilities and/or land for the generation of
electricity shall be governed by the provisions of RCW
35.21.420 through 35.21.450. [1967 ex.s. c 119 §
35A.21.120.]
35A.21.030
35A.21.040
35A.21.110
35A.21.120
35A.21.125 Locally regulated utilities—Attachments
to poles. (1) As used in this section:
(a) "Attachment" means the affixation or installation of
any wire, cable or other physical material capable of carrying
electronic impulses or light waves for the carrying of intelligence for telecommunications or television, including, but
not limited to cable, and any related device, apparatus, or
auxiliary equipment upon any pole owned or controlled in
whole or in part by one or more locally regulated utilities
where the installation has been made with the necessary consent.
(b) "Locally regulated utility" means a code city owning
and operating an electric utility not subject to rate or service
regulation by the utilities and transportation commission.
35A.21.125
35A.21.050 Pension and retirement systems. Nothing
in this title shall be construed to alter or affect vested rights of
city employees under pension and retirement systems in
effect at the time this title becomes effective. [1967 ex.s. c
119 § 35A.21.050.]
35A.21.050
35A.21.060 Garbage ordinance—Lien—Foreclosure. A garbage ordinance of a code city may contain the
provisions authorized by RCW 35.21.130. Notice shall be
given of a lien for garbage collection and disposal service, the
lien shall have priority and be foreclosed all as provided in
RCW 35.21.140 and 35.21.150. [1967 ex.s. c 119 §
35A.21.060.]
35A.21.060
(2008 Ed.)
[Title 35A RCW—page 39]
35A.21.130
Title 35A RCW: Optional Municipal Code
(c) "Nondiscriminatory" means that pole owners may not
arbitrarily differentiate among or between similar classes of
persons approved for attachments.
(2) All rates, terms, and conditions made, demanded or
received by a locally regulated utility for attachments to its
poles must be just, reasonable, nondiscriminatory and sufficient. A locally regulated utility shall levy attachment space
rental rates that are uniform for the same class of service
within the locally regulated utility service area.
(3) Nothing in this section shall be construed or is
intended to confer upon the utilities and transportation commission any authority to exercise jurisdiction over locally
regulated utilities. [1996 c 32 § 4.]
ordinance or resolution a reduced solid waste collection rate
to residents participating in a residential curbside recycling
program implemented under RCW 70.95.090, may provide a
similar reduced rate to residents participating in any other
recycling program, if such program is approved by the jurisdiction. Nothing in this section shall be interpreted to reduce
the authority of a city to adopt ordinances under RCW
35.21.130(1).
(2) For the purposes of this section, "reduced rate" means
a residential solid waste collection rate incorporating a
rebate, refund, or discount. Reduced rate shall not include
residential solid waste collection rate based on the volume or
weight of solid waste set out for collection. [1991 c 319 §
405.]
35A.21.130 Codification of ordinances. Compilation,
codification, and revision of code city ordinances shall be as
provided by and be governed by the provisions of RCW
35.21.500 through 35.21.570. [1967 ex.s. c 119 §
35A.21.130.]
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
35A.21.130
35A.21.140 Change of name. Any code city may
change its name in accordance with the procedure provided in
chapter 35.62 RCW. [1967 ex.s. c 119 § 35A.21.140.]
35A.21.140
35A.21.150 Sewerage and refuse collection and disposal systems. The general law as contained in, but not limited to, chapter 35.67 RCW, relating to sewerage systems and
the collection and disposal of refuse, the manner of providing
therefor, and the issuance of general obligation or revenue
bonds therefor, the establishment of a revenue bond fund in
connection therewith, compulsory connection with a city
sewer system, setting and collection of rates, fees, and
charges therefor, and the existence, enforcement, and foreclosure of a lien for sewer services is hereby recognized as
applicable to code cities operating systems of sewerage and
systems and plants for refuse collection and disposal. A code
city may exercise the powers, in the manner provided, perform the duties, and shall have the rights and obligations provided in chapter 35.67 RCW, subject to the conditions and
lim itatio ns th erein pro vided . [ 1967 ex.s. c 119 §
35A.21.150.]
35A.21.150
35A.21.155 Collection and transportation of recyclable materials by recycling companies or nonprofit entities—Reuse or reclamation—Application of chapter.
Nothing in this chapter shall prevent a recycling company or
nonprofit entity from collecting and transporting recyclable
materials from a buy-back center, drop-box, or from a commercial or industrial generator of recyclable materials, or
upon agreement with a solid waste collection company.
Nothing in this chapter shall be construed as prohibiting
a commercial or industrial generator of commercial recyclable materials from selling, conveying, or arranging for transportation of such material to a recycler for reuse or reclamation. [1989 c 431 § 35.]
35A.21.155
Severability—1989 c 431: See RCW 70.95.901.
35A.21.160 General application of laws to code cities.
A code city organized or reorganized under this title shall
have all of the powers which any city of any class may have
and shall be governed in matters of state concern by statutes
applicable to such cities in connection with such powers to
the extent to which such laws are appropriate and are not in
conflict with the provisions specifically applicable to code
cities. [1967 ex.s. c 119 § 35A.21.160.]
35A.21.160
35A.21.161 Regulation of activities and enforcement
of penal laws. All code cities shall observe and enforce, in
addition to its local regulations, the provisions of state laws
relating to the conduct, location and limitation on activities as
regulated by state law and shall supply police information to
the *section on identification of the state patrol as required by
chapter 43.43 RCW. [1983 c 3 § 59; 1967 ex.s. c 119 §
35A.21.161.]
35A.21.161
35A.21.152 Solid waste collection—Rate increase
notice. (1) A city that contracts for the collection of solid
waste, or provides for the collection of solid waste directly,
shall notify the public of each proposed rate increase for a
solid waste handling service. The notice may be mailed to
each affected ratepayer or published once a week for two
consecutive weeks in a newspaper of general circulation in
the collection area. The notice shall be available to affected
ratepayers at least forty-five days prior to the proposed effective date of the rate increase.
(2) For purposes of this section, "solid waste handling"
has the same meaning as provided in RCW 70.95.030. [1994
c 161 § 3.]
35A.21.152
Findings—Declaration—1994 c 161: See note following RCW
35.21.157.
35A.21.153 Solid waste collection curbside recycling—Reduced rate. (1) Each city or town providing by
35A.21.153
[Title 35A RCW—page 40]
*Reviser’s note: The "section on identification" was renamed the
"identification and criminal history section" by 2006 c 294 § 1.
35A.21.162 Nonpolluting power generation by individual—Exemption from regulation—Authorization to
contract with utility. See chapter 80.58 RCW.
35A.21.162
35A.21.164 Hydroelectric resources—Separate legal
authority—Creation by irrigation districts and cities,
towns, or public utility districts. See RCW 87.03.825
through 87.03.840.
35A.21.164
(2008 Ed.)
Provisions Affecting All Code Cities
35A.21.170 Fiscal year. The fiscal year of a code city
shall commence on the first day of January and end on the
thirty-first day of December of each calendar year unless a
different fiscal period is authorized by RCW 1.16.030, as
amended. [1967 ex.s. c 119 § 35A.21.170.]
35A.21.170
35A.21.180 Flags to be displayed. The flag of the
United States and the flag of the state shall be prominently
installed and displayed and maintained in code city buildings
and shall be as provided in RCW 1.20.010. [1967 ex.s. c 119
§ 35A.21.180.]
35A.21.180
35A.21.190 Daylight saving time. No code city shall
adopt any provision for the observance of daylight saving
time other than as authorized by RCW 1.20.050 and
1.20.051. [1967 ex.s. c 119 § 35A.21.190.]
35A.21.190
35A.21.260
city, its officers, and employees against liability for the
wrongful acts of offenders or injury or damage incurred by
offenders in the course of court-ordered community restitution, and may elect to treat offenders as employees and/or
workers under Title 51 RCW. [2002 c 175 § 31; 1984 c 24 §
2.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Workers’ compensation coverage of offenders performing community restitution: RCW 51.12.045.
35A.21.230 Designation of official newspaper. Each
code city shall designate an official newspaper by resolution.
The newspaper shall be of general circulation in the city and
have the qualifications prescribed by chapter 65.16 RCW.
[1985 c 469 § 102.]
35A.21.230
35A.21.240 Right-of-way donations—Credit against
required improvements. Where the zoning and planning
provisions of a city or town require landscaping, parking, or
other improvements as a condition to granting permits for
commercial or industrial developments, the city or town may
credit donations of right-of-way in excess of that required for
traffic improvement against such landscaping, parking, or
other requirements. [1987 c 267 § 8.]
35A.21.240
35A.21.195 Actions by and against code cities. A
code city may exercise the power to bring an action or special
proceeding at law as authorized by Title 4 RCW, chapters
7.24, 7.25, and 6.27 RCW, and shall be subject to actions and
process of law in accordance with procedures prescribed by
law and rules of court. [1987 c 442 § 1117; 1983 c 3 § 58;
1967 ex.s. c 119 § 35A.20.150. Formerly RCW 35A.20.150.]
35A.21.195
35A.21.200 Limitation of actions. The limitations prescribed in chapter 4.16 RCW shall apply to actions brought in
the name or for the benefit of, or against, a code city, except
as otherwise provided by general law or by this title. [1967
ex.s. c 119 § 35A.21.200.]
Severability—1987 c 267: See RCW 47.14.910.
35A.21.200
35A.21.210 Revision of corporate boundary within
street, road, or highway right-of-way by substituting
right-of-way line—Not subject to review. (1) The governing bodies of a county and any code city located therein may
by agreement revise any part of the corporate boundary of the
city which coincides with the centerline, edge, or any portion
of a public street, road or highway right-of-way by substituting therefor a right-of-way line of the same public street, road
or highway so as fully to include or fully to exclude that segment of the public street, road or highway from the corporate
limits of the city.
(2) The revision of a corporate boundary as authorized
by this section shall become effective when approved by
ordinance of the city council and by ordinance or resolution
of the county legislative authority. Such a boundary revision
is not subject to potential review by a boundary review board.
[1989 c 84 § 11; 1975 1st ex.s. c 220 § 18.]
35A.21.210
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
Boundary line adjustment: RCW 35.13.300 through 35.13.330.
Use of right-of-way line as corporate boundary in incorporation proceeding—When right-of-way may be included in territory to be incorporated: RCW 35.02.170.
When right-of-way may be included in territory to be annexed—Use of rightof-way line as corporate boundary in annexation: RCW 35A.14.410.
35A.21.220 Insurance and workers’ compensation
for offenders performing community restitution. The legislative authority of a code city may purchase liability insurance in an amount it deems reasonable to protect the code
35A.21.220
(2008 Ed.)
Right-of-way donations: Chapter 47.14 RCW.
35A.21.245 Facilities and rights-of-way—Requirements and restrictions—Application to code cities. Each
code city is subject to the requirements and restrictions
regarding facilities and rights-of-way under *this chapter.
[2000 c 83 § 10.]
35A.21.245
*Reviser’s note: A reference to chapter 35.99 RCW was apparently
intended.
"Facilities," "right-of-way" defined: RCW 35.99.010.
35A.21.250 Building construction projects—Code
city prohibited from requiring state agencies or local governments to provide bond or other security as a condition
for issuance of permit. A code city may not require any
state agency or unit of local government to secure the performance of a permit requirement with a surety bond or other
financial security device, including cash or assigned account,
as a condition of issuing a permit to that unit of local government for a building construction project.
As used in this section, "building construction project"
includes, in addition to its usual meaning, associated landscaping, street alteration, pedestrian or vehicular access alteration, or other amenities or alterations necessarily associated
with the project. [1993 c 439 § 2.]
35A.21.250
35A.21.260 Amateur radio antennas—Local regulation to conform with federal law. No code city shall enact
or enforce an ordinance or regulation that fails to conform to
the limited preemption entitled "Amateur Radio Preemption,
101 FCC 2nd 952 (1985)" issued by the federal communications commission. An ordinance or regulation adopted by a
code city with respect to amateur radio antennas shall conform to the limited federal preemption, that states local regulations that involve placement, screening, or height of anten35A.21.260
[Title 35A RCW—page 41]
35A.21.270
Title 35A RCW: Optional Municipal Code
nas based on health, safety, or aesthetic considerations must
be crafted to reasonably accommodate amateur communications, and to represent the minimal practicable regulation to
accomplish the local authority’s legitimate purpose. [1994 c
50 § 2.]
Effective date—1994 c 50: See note following RCW 35.21.315.
35A.21.270 Assumption of substandard water system—Limited immunity from liability. A code city assuming responsibility for a water system that is not in compliance
with state or federal requirements for public drinking water
systems, and its agents and employees, are immune from
lawsuits or causes of action, based on noncompliance with
state or federal requirements for public drinking water systems, which predate the date of assuming responsibility and
continue after the date of assuming responsibility, provided
that the city has submitted and is complying with a plan and
schedule of improvements approved by the department of
health. This immunity shall expire on the earlier of the date
the plan of improvements is completed or four years from the
date of assuming responsibility. This immunity does not
apply to intentional injuries, fraud, or bad faith. [1994 c 292
§ 6.]
35A.21.270
Findings—Intent—1994 c 292: See note following RCW 57.04.050.
35A.21.275 Regulation of automatic number or location identification—Prohibited. No code city may enact or
enforce an ordinance or regulation mandating automatic
number identification or automatic location identification for
a private telecommunications system or for a provider of private shared telecommunications services. [1995 c 243 § 7.]
35A.21.275
Findings—Severability—1995 c 243: See notes following RCW
80.36.555.
35A.21.280 Statement of restrictions applicable to
real property. (1) A property owner may make a written
request for a statement of restrictions applicable to a single
parcel, tract, lot, or block of real property to the code city in
which the real property is located.
(2) Within thirty days of the receipt of the request, the
code city shall provide the owner, by registered mail, with a
statement of restrictions as described in subsection (3) of this
section.
(3) The statement of restrictions shall include the following:
(a) The zoning currently applicable to the real property;
(b) Pending zoning changes currently advertised for public hearing that would be applicable to the real property;
(c) Any designations made by the code city pursuant to
chapter 36.70A RCW of any portion of the real property as
agricultural land, forest land, mineral resource land, wetland,
an area with a critical recharging effect on aquifers used for
potable water, a fish and wildlife habitat conservation area, a
frequently flooded area, and as a geological hazardous area;
and
(d) If information regarding the designations listed in (c)
of this subsection are not readily available, inform the owner
of the procedure by which the owner can obtain that site-specific information from the code city.
35A.21.280
[Title 35A RCW—page 42]
(4) If a code city fails to provide the statement of restrictions within thirty days after receipt of the written request, the
owner shall be awarded recovery of all attorneys’ fees and
costs incurred in any successful application for a writ of mandamus to compel production of a statement.
(5) For purposes of this section:
(a) "Owner" means any vested owner or any person
holding the buyer’s interest under a recorded real estate contract in which the seller is the vested owner; and
(b) "Real property" means a parcel, tract, lot or block: (i)
Containing a single-family residence that is occupied by the
owner or a member of his or her family, or rented to another
by the owner; or (ii) five acres or less in size.
(6) This section does not affect the vesting of permits or
development rights.
Nothing in this section shall be deemed to create any liability on the part of a code city. [1996 c 206 § 7.]
Effective date—1996 c 206 §§ 6-8: See note following RCW
35.21.475.
Findings—1996 c 206: See note following RCW 43.05.030.
35A.21.290 Fish enhancement project—Code city’s
liability. A code city is not liable for adverse impacts resulting from a fish enhancement project that meets the criteria of
*RCW 77.55.290 and has been permitted by the department
of fish and wildlife. [2003 c 39 § 16; 1998 c 249 § 10.]
35A.21.290
*Reviser’s note: RCW 77.55.290 was recodified as RCW 77.55.181
pursuant to 2005 c 146 § 1001.
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.181.
35A.21.300 Rail fixed guideway system—Safety program plan and security and emergency preparedness
plan. (1) Each code city that owns or operates a rail fixed
guideway system as defined in RCW 81.104.015 shall submit
a system safety program plan and a system security and emergency preparedness plan for that guideway to the state department of transportation by September 1, 1999, or at least one
hundred eighty calendar days before beginning operations or
instituting revisions to its plans. These plans must describe
the code city’s procedures for (a) reporting and investigating
reportable accidents, unacceptable hazardous conditions, and
security breaches, (b) submitting corrective action plans and
annual safety and security audit reports, (c) facilitating onsite safety and security reviews by the state department of
transportation, and (d) addressing passenger and employee
security. The plans must, at a minimum, conform to the standards adopted by the state department of transportation. If
required by the department, the code city shall revise its plans
to incorporate the department’s review comments within
sixty days after their receipt, and resubmit its revised plans
for review.
(2) Each code city shall implement and comply with its
system safety program plan and system security and emergency preparedness plan. The code city shall perform internal safety and security audits to evaluate its compliance with
the plans, and submit its audit schedule to the department of
transportation no later than December 15th each year. The
code city shall prepare an annual report for its internal safety
and security audits undertaken in the prior year and submit it
to the department no later than February 15th. This annual
35A.21.300
(2008 Ed.)
Provisions Affecting All Code Cities
report must include the dates the audits were conducted, the
scope of the audit activity, the audit findings and recommendations, the status of any corrective actions taken as a result
of the audit activity, and the results of each audit in terms of
the adequacy and effectiveness of the plans.
(3) Each code city shall notify the department of transportation within two hours of an occurrence of a reportable
accident, unacceptable hazardous condition, or security
breach. The department may adopt rules further defining a
reportable accident, unacceptable hazardous condition, or
security breach. The code city shall investigate all reportable
accidents, unacceptable hazardous conditions, or security
breaches and provide a written investigation report to the
department within forty-five calendar days after the reportable accident, unacceptable hazardous condition, or security
breach.
(4) The system security and emergency preparedness
plan required in subsection (1)(d) of this section is exempt
from public disclosure under chapter 42.56 RCW. However,
the system safety program plan as described in this section is
not subject to this exemption. [2007 c 422 § 2; 2005 c 274 §
267; 1999 c 202 § 2.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Effective date—1999 c 202: See note following RCW 35.21.228.
35A.21.310 Mobile home, manufactured home, or
park model moving or installing—Copies of permits—
Definitions. (1) A code city shall transmit a copy of any permit issued to a tenant or the tenant’s agent for a mobile home,
manufactured home, or park model installation in a mobile
home park to the landlord.
(2) A code city shall transmit a copy of any permit issued
to a person engaged in the business of moving or installing a
mobile home, manufactured home, or park model in a mobile
home park to the tenant and the landlord.
(3) As used in this section:
(a) "Landlord" has the same meaning as in RCW
59.20.030;
(b) "Mobile home park" has the same meaning as in
RCW 59.20.030;
(c) "Mobile or manufactured home installation" has the
same meaning as in *RCW 43.63B.010; and
(d) "Tenant" has the same meaning as in RCW
59.20.030. [1999 c 359 § 19.]
35A.21.310
*Reviser’s note: RCW 43.63B.010 was recodified as RCW
43.22A.010 pursuant to 2007 c 432 § 13.
Effective date—1999 c 359: See RCW 59.20.901.
35A.21.312 Authority to regulate placement or use of
homes—Regulation of manufactured homes—Issuance of
permits—Restrictions on location of mobile homes or
manufactured homes. (1) A code city may not adopt an
ordinance that has the effect, directly or indirectly, of discriminating against consumers’ choices in the placement or
use of a home in such a manner that is not equally applicable
to all homes. Homes built to 42 U.S.C. Sec. 5401-5403 standards (as amended in 2000) must be regulated for the purposes of siting in the same manner as site built homes, factory
built homes, or homes built to any other state construction or
35A.21.312
(2008 Ed.)
35A.21.330
local design standard. However, except as provided in subsection (2) of this section, any code city may require that:
(a) A manufactured home be a new manufactured home;
(b) The manufactured home be set upon a permanent
foundation, as specified by the manufacturer, and that the
space from the bottom of the home to the ground be enclosed
by concrete or an approved concrete product which can be
either load bearing or decorative;
(c) The manufactured home comply with all local design
standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;
(d) The home is thermally equivalent to the state energy
code; and
(e) The manufactured home otherwise meets all other
requirements for a designated manufactured home as defined
in RCW 35.63.160.
A code city with a population of one hundred thirty-five
thousand or more may choose to designate its building official as the person responsible for issuing all permits, including department of labor and industries permits issued under
chapter 43.22 RCW in accordance with an interlocal agreement under chapter 39.34 RCW, for alterations, remodeling,
or expansion of manufactured housing located within the city
limits under this section.
(2) A code city may not adopt an ordinance that has the
effect, directly or indirectly, of restricting the location of
mobile homes or manufactured homes in mobile home parks
or manufactured housing communities, as defined in RCW
59.20.030, which were legally in existence before June 12,
2008, based exclusively on the age or dimensions of the
mobile home or manufactured home. This does not preclude
a code city from restricting the location of a mobile home or
manufactured home in mobile home parks or manufactured
housing communities for any other reason including, but not
limited to, failure to comply with fire, safety, or other local
ordinances or state laws related to mobile homes and manufactured homes.
(3) This section does not override any legally recorded
covenants or deed restrictions of record.
(4) This section does not affect the authority granted
under chapter 43.22 RCW. [2008 c 117 § 2; 2004 c 256 § 3.]
Findings—Intent—Effective date—2004 c 256: See notes following
RCW 35.21.684.
35A.21.320 Abandoned or derelict vessels. A code
city has the authority, subject to the processes and limitation
outlined in chapter 79.100 RCW, to store, strip, use, auction,
sell, salvage, scrap, or dispose of an abandoned or derelict
vessel found on or above publicly or privately owned aquatic
lands within the jurisdiction of the code city. [2002 c 286 §
16.]
35A.21.320
Severability—Effective date—2002 c 286: See RCW 79.100.900 and
79.100.901.
35A.21.330 Regulation of financial transactions—
Limitations. A code city or governmental entity subject to
this title may not regulate the terms, conditions, or disclosures of any lawful financial transaction between a consumer
and (1) a business or professional under the jurisdiction of the
department of financial institutions, or (2) any financial institution as defined under RCW 30.22.041. [2005 c 338 § 3.]
35A.21.330
[Title 35A RCW—page 43]
35A.21.335
Title 35A RCW: Optional Municipal Code
Finding—Intent—2005 c 338: See note following RCW 35.21.698.
35A.21.335 Registration under or compliance with
streamlined sales and use tax agreement—Prohibited
requirement for businesses. A code city may not require a
business to be licensed based solely upon registration under
or compliance with the streamlined sales and use tax agreement. [2008 c 129 § 5.]
35A.21.335
Chapter 35A.24
Chapter 35A.24 RCW
AERONAUTICS
Sections
35A.24.010 Airport operation, planning and zoning.
35A.24.010 Airport operation, planning and zoning.
A code city may exercise the powers relating to airport planning and zoning, improvement and operation as authorized
by chapters 14.07, 14.08, and 14.12 RCW and chapter
35A.63 RCW of this title in accordance with the procedures
therein prescribed. [1967 ex.s. c 119 § 35A.24.010.]
shall be contained within one school district except as may be
otherwise provided in *RCW 28A.315.250. [1983 c 3 § 61;
1967 ex.s. c 119 § 35A.28.010.]
*Reviser’s note: RCW 28A.315.250 was repealed by 1999 c 315 §
801.
Chapter 35A.29 RCW
MUNICIPAL ELECTIONS IN CODE CITIES
Chapter 35A.29
Sections
35A.29.120
35A.29.130
35A.29.151
35A.29.170
Ballot titles.
Notice of ballot title—Appeal.
Conduct of elections.
Initiative and referendum petitions—Suspension of effectiveness of legislative action.
35A.29.180 Recall.
35A.24.010
Chapter 35A.27
Chapter 35A.27 RCW
LIBRARIES, MUSEUMS, AND
HISTORICAL ACTIVITIES
Sections
35A.27.010 General laws applicable.
35A.27.010 General laws applicable. Every code city
may exercise the powers relating to the acquisition, development, improvement and operation of libraries and museums
and the preservation of historical materials to the same extent
authorized by general law for cities of any class, including,
but not limited to, the authority for city libraries granted by
RCW 35.22.280, the power to acquire and operate art museums, auditoriums, and other facilities as authorized by RCW
35.21.020, to participate in the establishment of regional
libraries, and to contract for library service for public libraries with county, intercounty, and rural library districts, and
for regional libraries as authorized by chapter 27.12 RCW, to
have a county law library or branch thereof generally under
the provisions of chapter 27.24 RCW, to preserve historical
materials, markers, graves and records as provided in chapters 27.48 and 27.34 RCW, and to expend municipal funds
thereon. [1985 c 7 § 101; 1983 c 3 § 60; 1967 ex.s. c 119 §
35A.27.010.]
35A.27.010
Chapter 35A.28
Chapter 35A.28 RCW
SCHOOLS
35A.29.120 Ballot titles. When any question is to be
submitted to the voters of a code city, or when a proposition
is to be submitted to the voters of an area under provisions of
this title, the question or proposition shall be advertised as
provided for nominees for office, and in such cases there
shall also be printed on the ballot a ballot title for the question
or proposition in the form applicable under RCW *29.79.055,
**29.27.060, 82.14.036, 82.46.021, or 82.80.090 or as otherwise expressly required by state law. The ballot title shall be
prepared by the attorney for the code city, or as specified in
**RCW 29.27.060 for elections held outside of a code city.
[1993 c 256 § 13; 1979 ex.s. c 18 § 31; 1967 ex.s. c 119 §
35A.29.120.]
35A.29.120
Reviser’s note: *(1) RCW 29.79.055 was recodified as RCW
29.27.066 pursuant to 2000 c 197 § 16. RCW 29.27.066 was subsequently
recodified as RCW 29A.36.070 pursuant to 2003 c 111 § 2401, effective July
1, 2004. RCW 29A.36.070 was subsequently repealed by 2004 c 271 § 193.
Later enactment of RCW 29A.36.070, see RCW 29A.36.071.
**(2) RCW 29.27.060 was repealed by 2000 c 197 § 15.
Severability—Effective date—1993 c 256: See notes following RCW
29A.84.280.
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.29.130 Notice of ballot title—Appeal. Upon the
filing of a ballot title as defined in RCW 35A.29.120, the
county auditor shall forthwith notify the persons proposing
the measure of the exact language of the ballot title. If the
persons filing any local question covered by RCW
35A.29.120 are dissatisfied with the ballot title formulated by
the attorney for the code city or by the county prosecuting
attorney, they may appeal to the superior court of the county
where the question is to appear on the ballot, as provided in
*RCW 29.27.067. [1967 ex.s. c 119 § 35A.29.130.]
35A.29.130
*Reviser’s note: RCW 29.27.067 was recodified as RCW 29A.36.090
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
35A.28.010 General laws applicable.
35A.29.151 Conduct of elections. Elections for code
cities shall comply with general election law. [1994 c 223 §
41.]
35A.28.010 General laws applicable. Code cities shall
have the authority to enter into contracts for joint acquisition
of land and improvement thereof with school districts. Code
cities and their relationship with public schools, colleges and
school districts shall be governed by the provisions of general
law, including Titles 28A and 28B RCW. Each code city
35A.29.170 Initiative and referendum petitions—
Suspension of effectiveness of legislative action. Initiative
and referendum petitions authorized to be filed under provisions of this title, or authorized by charter, or authorized for
code cities having the commission form of government as
provided by chapter 35.17 RCW, shall be in substantial com-
Sections
35A.28.010
[Title 35A RCW—page 44]
35A.29.151
35A.29.170
(2008 Ed.)
Accident Claims and Funds
pliance with the provisions of RCW 35A.01.040 as to form
and content of the petition, insofar as such provisions are
applicable; shall contain a true copy of a resolution or ordinance sought to be referred to the voters; and must contain
valid signatures of registered voters of the code city in the
number required by the applicable provision of this title.
Except when otherwise provided by statute, referendum petitions must be filed with the clerk of the legislative body of the
code city within ninety days after the passage of the resolution or ordinance sought to be referred to the voters, or within
such lesser number of days as may be authorized by statute or
charter in order to precede the effective date of an ordinance:
PROVIDED, That nothing herein shall be construed to abrogate or affect an exemption from initiative and/or referendum
provided by a code city charter. The clerk shall transmit the
petition to the county auditor who shall determine the sufficiency of the petition under the rules set forth in RCW
35A.01.040. When a referendum petition is filed with the
clerk, the legislative action sought to be referred to the voters
shall be suspended from taking effect. Such suspension shall
terminate when: (1) There is a final determination of insufficiency or untimeliness of the referendum petition; or (2) the
legislative action so referred is approved by the voters at a
referendum election. [1996 c 286 § 8; 1967 ex.s. c 119 §
35A.29.170.]
35A.29.180 Recall. Elective officers of code cities may
be recalled in the manner provided in *chapter 29.82 RCW.
[1967 ex.s. c 119 § 35A.29.180.]
35A.29.180
*Reviser’s note: Chapter 29.82 RCW was recodified as chapter
29A.56 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Chapter 35A.31
Chapter 35A.31 RCW
ACCIDENT CLAIMS AND FUNDS
Sections
35A.31.010 Claims—Statement of residence required—Time for filing—
Verification.
35A.31.020 Liberal construction.
35A.31.030 Report—Manner of filing.
35A.31.050 Charter code cities—Provisions cumulative.
35A.31.060 Accident fund—Warrants for judgments.
35A.31.070 Tax levy for fund.
35A.31.080 Surplus to general fund.
35A.31.010 Claims—Statement of residence
required—Time for filing—Verification. Claims for damages sounding in tort against any code city shall be presented
and filed within the time, in the manner and by the person
prescribed in RCW 4.96.020. [1967 ex.s. c 119 §
35A.31.010.]
35A.31.010
35A.31.020 Liberal construction. With respect to the
content of such claims the provisions of RCW 4.96.020 shall
be liberally construed so that substantial compliance will be
deemed satisfactory. [1967 ex.s. c 119 § 35A.31.020.]
35A.31.080
until such department or committee has made its report
thereon to the legislative body of the code city pursuant to
such reference.
No action shall be maintained against any code city for
any claim for damages until the claim has been filed in the
manner set forth in chapter 4.96 RCW. [1993 c 449 § 9; 1967
ex.s. c 119 § 35A.31.030.]
Purpose—Severability—1993 c 449: See notes following RCW
4.96.010.
35A.31.050
35A.31.050 Charter code cities—Provisions cumulative. Nothing herein shall be construed as in anywise modifying, limiting, or repealing any valid provision of the charter
of any charter code city relating to such claims for damages,
except when in conflict herewith, but the provisions hereof
shall be in addition to such charter provisions, and such
claims for damages, in all other respects, shall conform to and
comply with such charter provisions. [1967 ex.s. c 119 §
35A.31.050.]
35A.31.060
35A.31.060 Accident fund—Warrants for judgments. Every code city may create an accident fund upon
which the clerk shall draw warrants for the full amount of any
judgment including interest and costs against the city on
account of personal injuries suffered by any person as shown
by a transcript of the judgment duly certified to the clerk.
Warrants issued for such purpose shall be in denominations
not less than one hundred dollars nor more than five hundred
dollars; they shall draw interest at the rate of six percent per
annum, shall be numbered consecutively and be paid in the
order of their issue. [1967 ex.s. c 119 § 35A.31.060.]
35A.31.070
35A.31.070 Tax levy for fund. The legislative body of
the code city, after the drawing of warrants against the accident fund, shall estimate the amount necessary to pay the
warrant with accrued interest thereon and may appropriate
and transfer money from the contingency fund sufficient
therefor, or if there is not sufficient money in the contingency
fund the legislative body shall levy a tax sufficient to pay all
or such unpaid portion of any judgment not exceeding seventy-five cents per thousand dollars of assessed value. If a
single levy of seventy-five cents per thousand dollars of
assessed value is not sufficient, and if other moneys are not
available therefor, an annual levy of seventy-five cents per
thousand dollars of assessed value shall be made until the
warrants and interest are fully paid. [1973 1st ex.s. c 195 §
27; 1967 ex.s. c 119 § 35A.31.070.]
35A.31.020
35A.31.030 Report—Manner of filing. No ordinance
or resolution shall be passed allowing such claim or any part
thereof, or appropriating any money or other property to pay
or satisfy the same or any part thereof, until the claim has first
been referred to the proper department or committee, nor
35A.31.030
(2008 Ed.)
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
35A.31.080
35A.31.080 Surplus to general fund. If there is no
judgment outstanding against the city for personal injuries,
the money remaining in the accident fund after the payment
of the warrants drawn on that fund and interest in full shall be
transferred to the general fund. [1967 ex.s. c 119 §
35A.31.080.]
[Title 35A RCW—page 45]
Chapter 35A.33
Chapter 35A.33
Title 35A RCW: Optional Municipal Code
Chapter 35A.33 RCW
BUDGETS IN CODE CITIES
Sections
35A.33.010
35A.33.020
35A.33.030
35A.33.040
35A.33.050
35A.33.052
35A.33.055
35A.33.060
35A.33.070
35A.33.075
35A.33.080
35A.33.090
35A.33.100
35A.33.102
35A.33.105
35A.33.110
35A.33.120
35A.33.122
35A.33.125
35A.33.130
35A.33.135
35A.33.140
35A.33.145
35A.33.146
35A.33.150
35A.33.160
Definitions.
Applicability of chapter.
Budget estimates.
Classification and segregation of budget estimates.
Proposed preliminary budget.
Preliminary budget.
Budget message—Preliminary hearings.
Budget—Notice of hearing on final.
Budget—Hearing.
Budget adoption.
Emergency expenditures—Nondebatable emergencies.
Emergency expenditures—Other emergencies—Hearing.
Emergency expenditures—Warrants—Payments.
Registered warrants—Appropriations.
Adjustment of wages, etc., of employees permissible budget
notwithstanding.
Forms—Accounting—Supervision by state.
Funds—Limitations on expenditures—Transfers and adjustments.
Administration, oversight, or supervision of utility—Reimbursement from utility budget authorized.
Limitation on expenditures—Void.
Funds received from sales of bonds and warrants—Expenditures.
Levy for ad valorem tax.
Funds—Quarterly report of status.
Contingency fund—Creation.
Contingency fund—Withdrawals.
Unexpended appropriations.
Violations and penalties.
35A.33.010 Definitions. Unless the context clearly
indicates otherwise, the following words as used in this chapter shall have the meaning herein prescribed:
(1) "Clerk" as used in this chapter includes the officer
performing the functions of a finance or budget director,
comptroller, auditor, or by whatever title he may be known in
any code city.
(2) "Department" as used in this chapter includes each
office, division, service, system or institution of the city for
which no other statutory or charter provision is made for budgeting and accounting procedures or controls.
(3) "Council" as used in this chapter includes the commissioners in cities having a commission form of government
and any other group of city officials serving as the legislative
body of a code city.
(4) "Chief administrative officer" as used in this chapter
includes the mayor of cities having a mayor-council form of
government, the commissioners in cities having a commission form of government, the city manager, or any other city
official designated by the charter or ordinances of such city
under the plan of government governing the same, or the budget or finance officer designated by the mayor, manager or
commissioners, to perform the functions, or portions thereof,
contemplated by this chapter.
(5) "Fiscal year" as used in this chapter means that fiscal
period set by the code city pursuant to authority given under
RCW 1.16.030.
(6) "Fund", as used in this chapter and "funds" where
clearly used to indicate the plural of "fund", shall mean the
budgeting or accounting entity authorized to provide a sum of
money for specified activities or purposes.
(7) "Funds" as used in this chapter where not used to
indicate the plural of "fund" shall mean money in hand or
available for expenditure or payment of a debt or obligation.
35A.33.010
[Title 35A RCW—page 46]
(8) Except as otherwise defined herein, municipal
accounting terms used in this chapter have the meaning prescribed in "Governmental Accounting, Auditing and Financial Reporting" prepared by the National Committee on Governmental Accounting, 1968. [1969 ex.s. c 81 § 2; 1967 ex.s.
c 119 § 35A.33.010.]
Effective date—1969 ex.s. c 81: See note following RCW 35A.13.035.
35A.33.020 Applicability of chapter. The provisions
of this chapter apply to all code cities except those which
have adopted an ordinance under RCW 35A.34.040 providing for a biennial budget. In addition, this chapter shall not
apply to any municipal utility or enterprise for which separate
budgeting provisions are made by general state law. [1985 c
175 § 33; 1967 ex.s. c 119 § 35A.33.020.]
35A.33.020
35A.33.030 Budget estimates. On or before the second
Monday of the fourth month prior to the beginning of the
city’s next fiscal year, or at such other time as the city may
provide by ordinance or charter, the clerk shall notify in writing the head of each department of a code city to file with the
clerk within fourteen days of the receipt of such notification,
detailed estimates of the probable revenue from sources other
than ad valorem taxation and of all expenditures required by
his or her department for the ensuing fiscal year. The notice
shall be accompanied by the proper forms provided by the
clerk, prepared in accordance with the requirements and classification established by the state auditor. The clerk shall prepare the estimates for interest and debt redemption requirements and all other estimates, the preparation of which falls
properly within the duties of his or her office. The chief
administrative officers of the city shall submit to the clerk
detailed estimates of all expenditures proposed to be financed
from the proceeds of bonds or warrants not yet authorized,
together with a statement of the proposed method of financing them. In the absence or disability of the official or person
regularly in charge of a department, the duties herein required
shall devolve upon the person next in charge of such department. [1995 c 301 § 51; 1967 ex.s. c 119 § 35A.33.030.]
35A.33.030
35A.33.040 Classification and segregation of budget
estimates. All estimates of receipts and expenditures for the
ensuing year shall be fully detailed in the annual budget and
shall be classified and segregated according to a standard
classification of accounts to be adopted and prescribed by the
state auditor after consultation with the Washington finance
officers association, the association of Washington cities and
the association of Washington city managers. [1995 c 301 §
52; 1967 ex.s. c 119 § 35A.33.040.]
35A.33.040
35A.33.050 Proposed preliminary budget. On or
before the first business day in the third month prior to the
beginning of the fiscal year of a code city or at such other
time as the city may provide by ordinance or charter, the clerk
or other person designated by the charter, by ordinances, or
by the chief administrative officer of the city shall submit to
the chief administrative officer a proposed preliminary budget which shall set forth the complete financial program of
the city for the ensuing fiscal year, showing the expenditure
program requested by each department and the sources of
35A.33.050
(2008 Ed.)
Budgets in Code Cities
revenue by which each such program is proposed to be
financed.
The revenue section shall set forth in comparative and
tabular form for each fund the actual receipts for the last completed fiscal year, the estimated receipts for the current fiscal
year and the estimated receipts for the ensuing fiscal year,
which shall include the amount to be raised from ad valorem
taxes and unencumbered fund balances estimated to be available at the close of the current fiscal year.
The expenditure section shall set forth in comparative
and tabular form for each fund and every department operating within each fund the actual expenditures for the last completed fiscal year, the appropriations for the current fiscal
year and the estimated expenditures for the ensuing fiscal
year. The salary or salary range for each office, position or
job classification shall be set forth separately together with
the title or position designation thereof: PROVIDED, That
salaries may be set out in total amounts under each department if a detailed schedule of such salaries and positions be
attached to and made a part of the budget document. [1967
ex.s. c 119 § 35A.33.050.]
35A.33.052 Preliminary budget. The chief administrative officer shall prepare the preliminary budget in detail,
making any revisions or addition to the reports of the department heads deemed advisable by such chief administrative
officer and at least sixty days before the beginning of the
city’s next fiscal year he shall file it with the city clerk as the
recommendation of the chief administrative officer for the
final budget. The clerk shall provide a sufficient number of
copies of such preliminary budget and budget message to
meet the reasonable demands of taxpayers therefor and have
them available for distribution not later than six weeks before
the beginning of the city’s next fiscal year. [1967 ex.s. c 119
§ 35A.33.052.]
35A.33.052
35A.33.055 Budget message—Preliminary hearings.
In every code city a budget message prepared by or under the
direction of the city’s chief administrative officer shall be
submitted as a part of the preliminary budget to the city’s legislative body at least sixty days before the beginning of the
city’s next fiscal year and shall contain the following:
(1) An explanation of the budget document;
(2) An outline of the recommended financial policies and
programs of the city for the ensuing fiscal year;
(3) A statement of the relation of the recommended
appropriation to such policies and programs;
(4) A statement of the reason for salient changes from
the previous year in appropriation and revenue items;
(5) An explanation for any recommended major changes
in financial policy.
Prior to the final hearing on the budget, the legislative
body or a committee thereof, shall schedule hearings on the
budget or parts thereof, and may require the presence of
department heads to give information regarding estimates
and programs. [1967 ex.s. c 119 § 35A.33.055.]
35A.33.055
35A.33.060 Budget—Notice of hearing on final.
Immediately following the filing of the preliminary budget
with the clerk, the clerk shall publish a notice once each week
35A.33.060
(2008 Ed.)
35A.33.080
for two consecutive weeks stating that the preliminary budget
for the ensuing fiscal year has been filed with the clerk, that a
copy thereof will be furnished to any taxpayer who will call
at the clerk’s office therefor and that the legislative body of
the city will meet on or before the first Monday of the month
next preceding the beginning of the ensuing fiscal year for the
purpose of fixing the final budget, designating the date, time
and place of the legislative budget meeting and that any taxpayer may appear thereat and be heard for or against any part
of the budget. The publication of the notice shall be made in
the official newspaper of the city. [1985 c 469 § 43; 1973 c
67 § 1; 1967 ex.s. c 119 § 35A.33.060.]
35A.33.070 Budget—Hearing. The council shall meet
on the day fixed by RCW 35A.33.060 for the purpose of fixing the final budget of the city at the time and place designated in the notice thereof. Any taxpayer may appear and be
heard for or against any part of the budget. The hearing may
be continued from day to day but not later than the twentyfifth day prior to commencement of the city’s fiscal year.
[1967 ex.s. c 119 § 35A.33.070.]
35A.33.070
35A.33.075 Budget adoption. Following conclusion of
the hearing, and prior to the beginning of the fiscal year, the
legislative body shall make such adjustments and changes as
it deems necessary or proper and after determining the allowance in each item, department, classification and fund, and
shall by ordinance, adopt the budget in its final form and content. Appropriations shall be limited to the total estimated
revenues contained therein including the amount to be raised
by ad valorem taxes and the unencumbered fund balances
estimated to be available at the close of the current fiscal
year. Such ordinances may adopt the final budget by reference: PROVIDED, That the ordinance adopting such budget
shall set forth in summary form the totals of estimated revenues and appropriations for each separate fund and the aggregate totals for all such funds combined.
A complete copy of the final budget as adopted shall be
transmitted to the state auditor, and to the association of
Washington cities. [1995 c 301 § 53; 1969 ex.s. c 81 § 3;
1967 ex.s. c 119 § 35A.33.075.]
35A.33.075
Effective date—1969 ex.s. c 81: See note following RCW 35A.13.035.
35A.33.080 Emergency expenditures—Nondebatable emergencies. Upon the happening of any emergency
caused by violence of nature, casualty, riot, insurrection, war,
or other unanticipated occurrence requiring the immediate
preservation of order or public health, or for the restoration to
a condition of usefulness of any public property which has
been damaged or destroyed by accident, or for public relief
from calamity, or in settlement of approved claims for personal injuries or property damage, or to meet mandatory
expenditures required by laws enacted since the last annual
budget was adopted, or to cover expenses incident to preparing for or establishing a new form of government authorized
or assumed after adoption of the current budget, including
any expenses incident to selection of additional or new officials required thereby, or incident to employee recruitment at
any time, the city council, upon the adoption of an ordinance,
by the vote of one more than the majority of all members of
35A.33.080
[Title 35A RCW—page 47]
35A.33.090
Title 35A RCW: Optional Municipal Code
the legislative body, stating the facts constituting the emergency and the estimated amount required to meet it, may
make the expenditures therefor without notice or hearing.
[1967 ex.s. c 119 § 35A.33.080.]
35A.33.090
35A.33.090 Emergency expenditures—Other emergencies—Hearing. If a public emergency which could not
reasonably have been foreseen at the time of filing the preliminary budget requires the expenditure of money not provided for in the annual budget, and if it is not one of the emergencies specifically enumerated in RCW 35A.33.080, the
city council before allowing any expenditure therefor shall
adopt an ordinance stating the facts constituting the emergency and the estimated amount required to meet it and
declaring that an emergency exists.
Such ordinance shall not be voted on until five days have
elapsed after its introduction, and for passage shall require
the vote of one more than the majority of all members of the
legislative body of the code city.
Any taxpayer may appear at the meeting at which the
emergency ordinance is to be voted on and be heard for or
again st the adoptio n ther eof. [1967 ex.s. c 11 9 §
35A.33.090.]
35A.33.100
35A.33.100 Emergency expenditures—Warrants—
Payments. All expenditures for emergency purposes as provided in this chapter shall be paid by warrants from any available money in the fund properly chargeable with such expenditures. If, at any time, there is insufficient money on hand in
a fund with which to pay such warrants as presented, the warrants shall be registered, bear interest and be called in the
same manner as other registered warrants as prescribed in
RCW 35A.21.110. [1967 ex.s. c 119 § 35A.33.100.]
35A.33.102
35A.33.102 Registered warrants—Appropriations.
In adopting the final budget for any fiscal year, the council
shall appropriate from estimated revenue sources available, a
sufficient amount to pay the principal and interest on all outstanding registered warrants issued since the adoption of the
last preceding budget except those issued and identified as
revenue warrants and except those for which an appropriation
previously has been made: PROVIDED, That no portion of
the revenues which are restricted in use by law may be appropriated for the redemption of warrants issued against a utility
or other special purpose fund of a self-supporting nature:
PROVIDED FURTHER, That all or any portion of the city’s
outstanding registered warrants may be funded into bonds in
any manner authorized by law. [1967 ex.s. c 119 §
35A.33.102.]
35A.33.110 Forms—Accounting—Supervision by
state. The state auditor is empowered to make and install the
forms and classifications required by this chapter to define
what expenditures are chargeable to each budget class and to
establish the accounting and cost systems necessary to secure
accurate budget information. [1995 c 301 § 54; 1967 ex.s. c
119 § 35A.33.110.]
35A.33.110
35A.33.120 Funds—Limitations on expenditures—
Transfers and adjustments. The expenditures as classified
and itemized in the final budget shall constitute the city’s
appropriations for the ensuing fiscal year. Unless otherwise
ordered by a court of competent jurisdiction, and subject to
further limitations imposed by ordinance of the code city, the
expenditure of city funds or the incurring of current liabilities
on behalf of the city shall be limited to the following:
(1) The total amount appropriated for each fund in the
budget for the current fiscal year, without regard to the individual items contained therein, except that this limitation
shall not apply to wage adjustments authorized by RCW
35A.33.105; and
(2) The unexpended appropriation balances of a preceding budget which may be carried forward from prior fiscal
years pursuant to RCW 35A.33.150; and
(3) Funds received from the sale of bonds or warrants
which have been duly authorized according to law; and
(4) Funds received in excess of estimated revenues during the current fiscal year, when authorized by an ordinance
amending the original budget; and
(5) Expenditures required for emergencies, as authorized
in RCW 35A.33.080 and 35A.33.090.
Transfers between individual appropriations within any
one fund may be made during the current fiscal year by order
of the city’s chief administrative officer subject to such regulations, if any, as may be imposed by the city council. Notwithstanding the provisions of RCW 43.09.210 or of any statute to the contrary, transfers, as herein authorized, may be
made within the same fund regardless of the various offices,
departments or divisions of the city which may be affected.
The city council, upon a finding that it is to the best interests of the code city to decrease, revoke or recall all or any
portion of the total appropriations provided for any one fund,
may, by ordinance, approved by the vote of one more than the
majority of all members thereof, stating the facts and findings
for doing so, decrease, revoke or recall all or any portion of
an unexpended fund balance, and by said ordinance, or a subsequent ordinance adopted by a like majority, the moneys
thus released may be reappropriated for another purpose or
purposes, without limitation to department, division or fund,
unless the use of such moneys is otherwise restricted by law,
charter, or ordinance. [1967 ex.s. c 119 § 35A.33.120.]
35A.33.120
35A.33.105
35A.33.105 Adjustment of wages, etc., of employees
permissible budget notwithstanding. Notwithstanding the
appropriations for any salary, or salary range of any
employee or employees adopted in a final budget, the legislative body of any code city may, by ordinance, change the
wages, hours, and conditions of employment of any or all of
its appointive employees if sufficient funds are available for
appropriation to such purposes. [1967 ex.s. c 119 §
35A.33.105.]
[Title 35A RCW—page 48]
35A.33.122 Administration, oversight, or supervision of utility—Reimbursement from utility budget
authorized. Whenever any code city apportions a percentage of the city manager’s, administrator’s, or supervisor’s
time, or the time of other management or general government
staff, for administration, oversight, or supervision of a utility
operated by the city, or to provide services to the utility, the
utility budget may identify such services and budget for reim35A.33.122
(2008 Ed.)
Budgets in Code Cities
bursement of the city’s current expense fund for the value of
such services. [1991 c 152 § 3.]
35A.33.125 Limitation on expenditures—Void. Liabilities incurred by any officer or employee of the city in
excess of any budget appropriations shall not be a liability of
the city. The clerk shall issue no warrant and the city council
or other authorized person shall approve no claim for an
expenditure in excess of the total amount appropriated for
any individual fund, except upon an order of a court of competent jurisdiction or for emergencies as provided in this
chapter. [1969 ex.s. c 81 § 4; 1967 ex.s. c 119 § 35A.33.125.]
35A.33.125
Effective date—1969 ex.s. c 81: See note following RCW 35A.13.035.
35A.33.130 Funds received from sales of bonds and
warrants—Expenditures. Moneys received from the sale
of bonds or warrants shall be used for no other purpose than
that for which they were issued and no expenditure shall be
made for that purpose until the bonds have been duly authorized. If any unexpended fund balance remains from the proceeds realized from the bonds or warrants after the accomplishment of the purpose for which they were issued it shall
be used for the redemption of such bond or warrant indebtedness. Where a budget contains an expenditure program to be
financed from a bond issue to be authorized thereafter, no
such expenditure shall be made or incurred until after the
bonds have been duly authorized. [1967 ex.s. c 119 §
35A.33.130.]
35A.33.130
35A.33.135 Levy for ad valorem tax. At a time fixed
by the city’s ordinance or charter, not later than the first Monday in October of each year, the chief administrative officer
shall provide the city’s legislative body with current information on estimates of revenues from all sources as adopted in
the budget for the current year, together with estimates submitted by the clerk under RCW 35A.33.050. The city’s legislative body and the city’s administrative officer or his designated representative shall consider the city’s total anticipated
financial requirements for the ensuing fiscal year, and the
legislative body shall determine and fix by ordinance the
amount to be raised by ad valorem taxes. Upon adoption of
the ordinance fixing the amount of ad valorem taxes to be
levied, the clerk shall certify the same to the board of county
commissioners as required by RCW 84.52.020. [1967 ex.s. c
119 § 35A.33.135.]
35A.33.135
35A.33.140 Funds—Quarterly report of status. At
such intervals as may be required by city charter or ordinance, however, being not less than quarterly, the clerk shall
submit to the city’s legislative body and chief administrative
officer a report showing the expenditures and liabilities
against each separate budget appropriation incurred during
the preceding reporting period and like information for the
whole of the current fiscal year to the first day of the current
reporting period together with the unexpended balance of
each appropriation. The report shall also show the receipts
from all sources. [1967 ex.s. c 119 § 35A.33.140.]
35A.33.140
35A.33.145 Contingency fund—Creation. Every
code city may create and maintain a contingency fund to pro35A.33.145
(2008 Ed.)
35A.33.150
vide moneys with which to meet any municipal expense, the
necessity or extent of which could not have been foreseen or
reasonably evaluated at the time of adopting the annual budget, or from which to provide moneys for those emergencies
described in RCW 35A.33.080 and 35A.33.090. Such fund
may be supported by a budget appropriation from any tax or
other revenue source not restricted in use by law, or also may
be supported by a transfer from other unexpended or
decreased funds made available by ordinance as set forth in
RCW 35A.33.120: PROVIDED, That the total amount accumulated in such fund at any time shall not exceed the equivalent of thirty-seven and one-half cents per thousand dollars of
assessed valuation of property within the city at such time.
Any moneys in the contingency fund at the end of the fiscal
year shall not lapse except upon reappropriation by the council to another fund in the adoption of a subsequent budget.
[1973 1st ex.s. c 195 § 28; 1967 ex.s. c 119 § 35A.33.145.]
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
35A.33.146
35A.33.146 Contingency fund—Withdrawals. No
money shall be withdrawn from the contingency fund except
by transfer to the appropriate operating fund authorized by a
resolution or ordinance of the council, adopted by a vote of
the majority of the entire council, clearly stating the facts
constituting the reason for the withdrawal or the emergency
as the case may be, specifying the fund to which the withdrawn money shall be transferred. [1967 ex.s. c 119 §
35A.33.146.]
35A.33.150
35A.33.150 Unexpended appropriations. All appropriations in any current operating fund shall lapse at the end
of each fiscal year: PROVIDED, That this shall not prevent
payments in the following year upon uncompleted programs
or improvements in progress or on orders subsequently filled
or claims subsequently billed for the purchase of material,
equipment and supplies or for personal or contractual services not completed or furnished by the end of the fiscal year,
all of which have been properly budgeted and contracted for
prior to the close of such fiscal year but furnished or completed in due course thereafter.
All appropriations in a special fund authorized by ordinance or by state law to be used only for the purpose or purposes therein specified, including any cumulative reserve
funds lawfully established in specific or general terms for any
municipal purpose or purposes, or a contingency fund as
authorized by RCW 35A.33.145, shall not lapse, but shall be
carried forward from year to year until fully expended or the
purpose has been accomplished or abandoned, without necessity of reappropriation.
The accounts for budgetary control for each fiscal year
shall be kept open for twenty days after the close of such fiscal year for the purpose of paying and recording claims for
indebtedness incurred during such fiscal year; any claim presented after the twentieth day following the close of the fiscal
year shall be paid from appropriations lawfully provided for
the ensuing period, including those made available by provisions of this section, and shall be recorded in the accounts for
the ensuing fiscal year. [1967 ex.s. c 119 § 35A.33.150.]
[Title 35A RCW—page 49]
35A.33.160
Title 35A RCW: Optional Municipal Code
35A.33.160 Violations and penalties. Upon the conviction of any city official, department head or other city
employee of knowingly failing, or refusing, without just
cause, to perform any duty imposed upon such officer or
employee by this chapter, or city ordinance or charter, in connection with the giving of notice, the preparing and filing of
estimates of revenues or expenditures or other information
required for preparing a budget report in the time and manner
required, or of knowingly making expenditures in excess of
budget appropriations, he shall be guilty of a misdemeanor
and shall be fined not more than five hundred dollars for each
separate violation. [1967 ex.s. c 119 § 35A.33.160.]
35A.33.160
Chapter 35A.34
Chapter 35A.34 RCW
BIENNIAL BUDGETS
Sections
35A.34.010
35A.34.020
35A.34.030
35A.34.040
35A.34.050
35A.34.060
35A.34.070
35A.34.080
35A.34.090
35A.34.100
35A.34.110
35A.34.120
35A.34.130
35A.34.140
35A.34.150
35A.34.160
35A.34.170
35A.34.180
35A.34.190
35A.34.200
35A.34.205
35A.34.210
35A.34.220
35A.34.230
35A.34.240
35A.34.250
35A.34.260
35A.34.270
35A.34.280
Legislative intent.
Application of chapter.
Definitions.
Biennial budget authorized—Limitations.
Budget estimates—Submittal.
Budget estimates—Classification and segregation.
Proposed preliminary budget.
Preliminary budget.
Budget message—Hearings.
Budget—Notice of hearing.
Budget—Hearing.
Budget—Adoption.
Budget—Mid-biennial review and modification.
Emergency expenditures—Nondebatable emergencies.
Emergency expenditures—Other emergencies—Hearing.
Emergency expenditures—Warrants—Payment.
Registered warrants—Payment.
Adjustment of wages, hours and conditions of employment.
Forms—Accounting—Supervision by state.
Funds—Limitations on expenditures—Transfers and adjustments.
Administration, oversight, or supervision of utility—Reimbursement from utility budget authorized.
Liabilities incurred in excess of budget.
Funds received from sales of bonds and warrants—Expenditures.
Revenue estimates—Amount to be raised by ad valorem taxes.
Funds—Quarterly report of status.
Contingency fund—Creation.
Contingency fund—Withdrawals.
Unexpended appropriations.
Violations and penalties.
(3) "Legislative body" includes the council, commission,
or any other group of officials serving as the legislative body
of a code city.
(4) "Chief administrative officer" includes the mayor of
cities having a mayor-council plan of government, the commissioners in cities having a commission plan of government,
the manager, or any other city official designated by the charter or ordinances of such city under the plan of government
governing the same, or the budget or finance officer designated by the mayor, manager, or commissioners, to perform
the functions, or portions thereof, contemplated by this chapter.
(5) "Fiscal biennium" means the period from January 1
of each odd-numbered year through December 31 of the next
succeeding even-numbered year.
(6) "Fund" and "funds" where clearly used to indicate the
plural of "fund" means the budgeting or accounting entity
authorized to provide a sum of money for specified activities
or purposes.
(7) "Funds" where not used to indicate the plural of
"fund" means money in hand or available for expenditure or
payment of a debt or obligation.
(8) Except as otherwise defined in this chapter, municipal accounting terms used in this chapter have the meaning
prescribed by the state auditor pursuant to RCW 43.09.200.
[1985 c 175 § 35.]
"Fiscal biennium" defined: RCW 1.16.020.
35A.34.040 Biennial budget authorized—Limitations. All code cities are authorized to establish by ordinance
a two-year fiscal biennium budget. The ordinance shall be
enacted at least six months prior to commencement of the fiscal biennium and this chapter applies to all code cities which
utilize a fiscal biennium budget. Code cities which establish
a fiscal biennium budget are authorized to repeal such ordinance and provide for reversion to a fiscal year budget. The
ordinance may only be repealed effective as of the conclusion
of a fiscal biennium. However, the city shall comply with
chapter 35A.33 RCW in developing and adopting the budget
for the first fiscal year following repeal of the ordinance.
[1985 c 175 § 36.]
35A.34.040
35A.34.050 Budget estimates—Submittal. On or
before the second Monday of the fourth month prior to the
beginning of the city’s next fiscal biennium, or at such other
time as the city may provide by ordinance or charter, the clerk
shall notify in writing the head of each department of a city to
file with the clerk within fourteen days of the receipt of such
notification, detailed estimates of the probable revenue from
sources other than ad valorem taxation and of all expenditures required by the department for the ensuing fiscal biennium. The notice shall be accompanied by the proper forms
provided by the clerk, prepared in accordance with the
requirements and classification established by the state auditor. The clerk shall prepare the estimates for interest and debt
redemption requirements and all other estimates, the preparation of which falls properly within the duties of the clerk’s
office. The chief administrative officers of the city shall submit to the clerk detailed estimates of all expenditures proposed to be financed from the proceeds of bonds or warrants
35A.34.050
35A.34.010 Legislative intent.
35A.34.010
See RCW 35.34.010.
35A.34.020 Application of chapter. This chapter
applies to all code cities which have by ordinance adopted
this chapter authorizing the adoption of a fiscal biennium
budget. [1985 c 175 § 34.]
35A.34.020
35A.34.030 Definitions. Unless the context clearly
indicates otherwise, the definitions in this section apply
throughout this chapter.
(1) "Clerk" includes the officer performing the functions
of a finance or budget director, comptroller, auditor, or by
whatever title the officer may be known in any code city.
(2) "Department" includes each office, division, service,
system, or institution of the city for which no other statutory
or charter provision is made for budgeting and accounting
procedures or controls.
35A.34.030
[Title 35A RCW—page 50]
(2008 Ed.)
Biennial Budgets
not yet authorized, together with a statement of the proposed
method of financing them. In the absence or disability of the
official or person regularly in charge of a department, the
duties required by this section shall devolve upon the person
next in charge of such department. [1995 c 301 § 55; 1985 c
175 § 37.]
35A.34.060 Budget estimates—Classification and
segregation. All estimates of receipts and expenditures for
the ensuing fiscal biennium shall be fully detailed in the biennial budget and shall be classified and segregated according
to a standard classification of accounts to be adopted and prescribed by the state auditor after consultation with the Washington finance officers association, the association of Washington cities, and the association of Washington city managers. [1995 c 301 § 56; 1985 c 175 § 38.]
35A.34.060
35A.34.070 Proposed preliminary budget. On or
before the first business day in the third month prior to the
beginning of the biennium of a city or at such other time as
the city may provide by ordinance or charter, the clerk or
other person designated by the charter, by ordinances, or by
the chief administrative officer of the city shall submit to the
chief administrative officer a proposed preliminary budget
which shall set forth the complete financial program of the
city for the ensuing fiscal biennium, showing the expenditure
program requested by each department and the sources of
revenue by which each such program is proposed to be
financed.
The revenue section shall set forth in comparative and
tabular form for each fund the actual receipts for the last completed fiscal biennium, the estimated receipts for the current
fiscal biennium, and the estimated receipts for the ensuing
fiscal biennium, which shall include the amount to be raised
from ad valorem taxes and unencumbered fund balances estimated to be available at the close of the current fiscal biennium. However, if the city was not utilizing a fiscal biennium
budget for the previous three years, it shall set forth its fiscal
years’ revenues to reflect actual and estimated receipts as if it
had previously utilized a biennial budgetary process.
The expenditure section shall set forth in comparative
and tabular form for each fund and every department operating within each fund the actual expenditures for the last completed fiscal biennium, the appropriations for the current fiscal biennium, and the estimated expenditures for the ensuing
fiscal biennium. However, if the city was not utilizing a fiscal
biennium budget for the previous three years, it shall set forth
its fiscal years’ expenditures to reflect actual and estimated
levels as if it had previously utilized a biennial budgetary process. The expenditure section shall further set forth separately
the salary or salary range for each office, position, or job classification together with the title or position designation
thereof. However, salaries may be set out in total amounts
under each department if a detailed schedule of such salaries
and positions be attached and made a part of the budget document. [1985 c 175 § 39.]
35A.34.070
35A.34.080 Preliminary budget. The chief administrative officer shall prepare the preliminary budget in detail,
making any revisions or additions to the reports of the depart35A.34.080
(2008 Ed.)
35A.34.110
ment heads deemed advisable by such chief administrative
officer. At least sixty days before the beginning of the city’s
next fiscal biennium the chief administrative officer shall file
it with the clerk as the recommendation of the chief administrative officer for the final budget. The clerk shall provide a
sufficient number of copies of such preliminary budget and
budget message to meet the reasonable demands of taxpayers
therefor and have them available for distribution not later
than six weeks before the beginning of the city’s next fiscal
biennium. [1985 c 175 § 40.]
35A.34.090 Budget message—Hearings. (1) In every
city, a budget message prepared by or under the direction of
the city’s chief administrative officer shall be submitted as a
part of the preliminary budget to the city’s legislative body at
least sixty days before the beginning of the city’s next fiscal
biennium and shall contain the following:
(a) An explanation of the budget document;
(b) An outline of the recommended financial policies and
programs of the city for the ensuing fiscal biennium;
(c) A statement of the relation of the recommended
appropriation to such policies and programs;
(d) A statement of the reason for salient changes from
the previous biennium in appropriation and revenue items;
and
(e) An explanation for any recommended major changes
in financial policy.
(2) Prior to the final hearing on the budget, the legislative
body or a committee thereof shall schedule hearings on the
budget or parts thereof, and may require the presence of
department heads to give information regarding estimates
and programs. [1985 c 175 § 41.]
35A.34.090
35A.34.100 Budget—Notice of hearing. Immediately
following the filing of the preliminary budget with the clerk,
the clerk shall publish a notice once a week for two consecutive weeks stating that the preliminary budget for the ensuing
fiscal biennium has been filed with the clerk, that a copy
thereof will be made available to any taxpayer who will call
at the clerk’s office therefor, that the legislative body of the
city will meet on or before the first Monday of the month next
preceding the beginning of the ensuing fiscal biennium for
the purpose of fixing the final budget, designating the date,
time, and place of the legislative budget meeting, and that any
taxpayer may appear thereat and be heard for or against any
part of the budget. The publication of the notice shall be made
in the official newspaper of the city if there is one, otherwise
in a newspaper of general circulation in the city. If there is no
newspaper of general circulation in the city, then notice may
be made by posting in three public places fixed by ordinance
as the official places for posting the city’s official notices.
[1985 c 175 § 42.]
35A.34.100
35A.34.110 Budget—Hearing. The legislative body
shall meet on the day fixed by RCW 35A.34.100 for the purpose of fixing the final budget of the city at the time and place
designated in the notice thereof. Any taxpayer may appear
and be heard for or against any part of the budget. The hearing may be continued from day to day but not later than the
35A.34.110
[Title 35A RCW—page 51]
35A.34.120
Title 35A RCW: Optional Municipal Code
twenty-fifth day prior to commencement of the city’s fiscal
biennium. [1985 c 175 § 43.]
35A.34.120 Budget—Adoption. Following conclusion
of the hearing, and prior to the beginning of the fiscal biennium, the legislative body shall make such adjustments and
changes as it deems necessary or proper and, after determining the allowance in each item, department, classification,
and fund, shall by ordinance adopt the budget in its final form
and content. Appropriations shall be limited to the total estimated revenues contained therein including the amount to be
raised by ad valorem taxes and the unencumbered fund balances estimated to be available at the close of the current fiscal biennium. Such ordinances may adopt the final budget by
reference. However, the ordinance adopting the budget shall
set forth in summary form the totals of estimated revenues
and appropriations for each separate fund and the aggregate
totals for all such funds combined.
A complete copy of the final budget as adopted shall be
transmitted to the state auditor and to the association of
Washington cities. [1995 c 301 § 57; 1985 c 175 § 44.]
35A.34.120
35A.34.130 Budget—Mid-biennial review and modification. The legislative authority of a city having adopted
the provisions of this chapter shall provide by ordinance for a
mid-biennial review and modification of the biennial budget.
The ordinance shall provide that such review and modification shall occur no sooner than eight months after the start nor
later than conclusion of the first year of the fiscal biennium.
The chief administrative officer shall prepare the proposed
budget modification and shall provide for publication of
notice of hearings consistent with publication of notices for
adoption of other city ordinances. City ordinances providing
for a mid-biennium review and modification shall establish
procedures for distribution of the proposed modification to
members of the city legislative authority, procedures for
making copies available to the public, and shall provide for
public hearings on the proposed budget modification. The
budget modification shall be by ordinance approved in the
same manner as are other ordinances of the city.
A complete copy of the budget modification as adopted
shall be transmitted to the state auditor and to the association
of Washington cities. [1995 c 301 § 58; 1985 c 175 § 45.]
all members of the legislative body, stating the facts constituting the emergency and the estimated amount required to
meet it, may make the expenditures therefor without notice or
hearing. [1985 c 175 § 46.]
35A.34.150 Emergency expenditures—Other emergencies—Hearing. If a public emergency which could not
reasonably have been foreseen at the time of filing the preliminary budget requires the expenditure of money not provided for in the budget, and if it is not one of the emergencies
specifically enumerated in RCW 35A.34.140, the city legislative body before allowing any expenditure therefor shall
adopt an ordinance stating the facts constituting the emergency and the estimated amount required to meet it and
declaring that an emergency exists.
The ordinance shall not be voted on until five days have
elapsed after its introduction, and for passage shall require
the vote of one more than the majority of all members of the
legislative body of the city.
Any taxpayer may appear at the meeting at which the
emergency ordinance is to be voted on and be heard for or
against the adoption thereof. [1985 c 175 § 47.]
35A.34.150
35A.34.130
35A.34.140 Emergency expenditures—Nondebatable emergencies. Upon the happening of any emergency
caused by violence of nature, casualty, riot, insurrection, war,
or other unanticipated occurrence requiring the immediate
preservation of order or public health, or for the property
which has been damaged or destroyed by accident, or for
public relief from calamity, or in settlement of approved
claims for personal injuries or property damages, or to meet
mandatory expenditures required by law enacted since the
last budget was adopted, or to cover expenses incident to preparing for or establishing a new form of government authorized or assumed after adoption of the current budget, including any expenses incident to selection of additional or new
officials required thereby, or incident to employee recruitment at any time, the city legislative body, upon the adoption
of an ordinance, by the vote of one more than the majority of
35A.34.140
[Title 35A RCW—page 52]
35A.34.160 Emergency expenditures—Warrants—
Payment. All expenditures for emergency purposes as provided in this chapter shall be paid by warrants from any available money in the fund properly chargeable with such expenditures. If, at any time, there is insufficient money on hand in
a fund with which to pay such warrants as presented, the warrants shall be registered, bear interest, and be called in the
same manner as other registered warrants as prescribed in
RCW 35A.21.110. [1985 c 175 § 48.]
35A.34.160
35A.34.170 Registered warrants—Payment. In
adopting the final budget for any fiscal biennium, the legislative body shall appropriate from estimated revenue sources
available, a sufficient amount to pay the principal and interest
on all outstanding registered warrants issued since the adoption of the last preceding budget except those issued and
identified as revenue warrants and except those for which an
appropriation previously has been made. However, no portion of the revenues which are restricted in use by law may be
appropriated for the redemption of warrants issued against a
utility or other special purpose fund of a self-supporting
nature. In addition, all or any portion of the city’s outstanding
registered warrants may be funded into bonds in any manner
authorized by law. [1985 c 175 § 49.]
35A.34.170
35A.34.180 Adjustment of wages, hours and conditions of employment. Notwithstanding the appropriations
for any salary or salary range of any employee or employees
adopted in a final budget, the legislative body of any city
may, by ordinance, change the wages, hours, and conditions
of employment of any or all of its appointive employees if
sufficient funds are available for appropriation to such purposes. [1985 c 175 § 50.]
35A.34.180
35A.34.190 Forms—Accounting—Supervision by
state. The state auditor is empowered to make and install the
forms and classifications required by this chapter to define
35A.34.190
(2008 Ed.)
Biennial Budgets
what expenditures are chargeable to each budget class and to
establish the accounting and cost systems necessary to secure
accurate budget information. [1995 c 301 § 59; 1985 c 175 §
51.]
35A.34.200 Funds—Limitations on expenditures—
Transfers and adjustments. (1) The expenditures as classified and itemized in the final budget shall constitute the city’s
appropriations for the ensuing fiscal biennium. Unless otherwise ordered by a court of competent jurisdiction, and subject
to further limitations imposed by ordinance of the city, the
expenditure of city funds or the incurring of current liabilities
on behalf of the city shall be limited to the following:
(a) The total amount appropriated for each fund in the
budget for the current fiscal biennium, without regard to the
individual items contained therein, except that this limitation
does not apply to wage adjustments authorized by RCW
35A.34.180;
(b) The unexpended appropriation balances of a preceding budget which may be carried forward from prior fiscal
periods pursuant to RCW 35A.34.270;
(c) Funds received from the sale of bonds or warrants
which have been duly authorized according to law;
(d) Funds received in excess of estimated revenues during the current fiscal biennium, when authorized by an ordinance amending the original budget; and
(e) Expenditures authorized by budget modification as
provided by RCW 35A.34.130 and those required for emergencies, as authorized by RCW 35A.34.140 and 35A.34.150.
(2) Transfers between individual appropriations within
any one fund may be made during the current fiscal biennium
by order of the city’s chief administrative officer subject to
such regulations, if any, as may be imposed by the city legislative body. Notwithstanding the provisions of RCW
43.09.210 or of any statute to the contrary, transfers, as
authorized in this section, may be made within the same fund
regardless of the various offices, departments, or divisions of
the city which may be affected.
(3) The city legislative body, upon a finding that it is to
the best interests of the city to decrease, revoke, or recall all
or any portion of the total appropriations provided for any
one fund, may, by ordinance, approved by the vote of one
more than the majority of all members thereof, stating the
facts and findings for doing so, decrease, revoke, or recall all
or any portion of an unexpended fund balance, and by said
ordinance, or a subsequent ordinance adopted by a like
majority, the moneys thus released may be reappropriated for
another purpose or purposes, without limitation to department, division, or fund, unless the use of such moneys is otherwise restricted by law, charter, or ordinance. [1985 c 175 §
52.]
35A.34.200
35A.34.205 Administration, oversight, or supervision of utility—Reimbursement from utility budget
authorized. Whenever any code city apportions a percentage of the city manager’s, administrator’s, or supervisor’s
time, or the time of other management or general government
staff, for administration, oversight, or supervision of a utility
operated by the city, or to provide services to the utility, the
utility budget may identify such services and budget for reim35A.34.205
(2008 Ed.)
35A.34.240
bursement of the city’s current expense fund for the value of
such services. [1991 c 152 § 4.]
35A.34.210 Liabilities incurred in excess of budget.
Liabilities incurred by any officer or employee of the city in
excess of any budget appropriations shall not be a liability of
the city. The clerk shall issue no warrant and the city legislative body or other authorized person shall approve no claim
for an expenditure in excess of the total amount appropriated
for any individual fund, except upon an order of a court of
competent jurisdiction or for emergencies as provided in this
chapter. [1985 c 175 § 53.]
35A.34.210
35A.34.220 Funds received from sales of bonds and
warrants—Expenditures. Moneys received from the sale
of bonds or warrants shall be used for no other purpose than
that for which they were issued and no expenditure shall be
made for that purpose until the bonds have been duly authorized. If any unexpended fund balance remains from the proceeds realized from the bonds or warrants after the accomplishment of the purpose for which they were issued, it shall
be used for the redemption of such bond or warrant indebtedness. Where a budget contains an expenditure program to be
financed from a bond issue to be authorized thereafter, no
such expenditure shall be made or incurred until after the
bonds have been duly authorized. [1985 c 175 § 54.]
35A.34.220
35A.34.230 Revenue estimates—Amount to be raised
by ad valorem taxes. At a time fixed by the city’s ordinance
or city charter, not later than the first Monday in October of
the second year of each fiscal biennium, the chief administrative officer shall provide the city’s legislative body with current information on estimates of revenues from all sources as
adopted in the budget for the current biennium, together with
estimates submitted by the clerk under RCW 35A.34.070.
The city’s legislative body and the city’s administrative
officer or the officer’s designated representative shall consider the city’s total anticipated financial requirements for the
ensuing fiscal biennium, and the legislative body shall determine and fix by ordinance the amount to be raised the first
year of the biennium by ad valorem taxes. The legislative
body shall review such information as is provided by the
chief administrative officer and shall adopt an ordinance
establishing the amount to be raised by ad valorem taxes during the second year of the biennium. Upon adoption of the
ordinance fixing the amount of ad valorem taxes to be levied,
the clerk shall certify the same to the county legislative
authority as required by RCW 84.52.020. [1985 c 175 § 55.]
35A.34.230
35A.34.240 Funds—Quarterly report of status. At
such intervals as may be required by city charter or city ordinance, however, being not less than quarterly, the clerk shall
submit to the city’s legislative body and chief administrative
officer a report showing the expenditures and liabilities
against each separate budget appropriation incurred during
the preceding reporting period and like information for the
whole of the current fiscal biennium to the first day of the
current reporting period together with the unexpended balance of each appropriation. The report shall also show the
receipts from all sources. [1985 c 175 § 56.]
35A.34.240
[Title 35A RCW—page 53]
35A.34.250
Title 35A RCW: Optional Municipal Code
35A.34.250 Contingency fund—Creation. Every city
may create and maintain a contingency fund to provide moneys with which to meet any municipal expense, the necessity
or extent of which could not have been foreseen or reasonably evaluated at the time of adopting the annual budget, or
from which to provide moneys for those emergencies
described in RCW 35A.34.140 and 35A.34.150. Such fund
may be supported by a budget appropriation from any tax or
other revenue source not restricted in use by law, or also may
be supported by a transfer from other unexpended or
decreased funds made available by ordinance as set forth in
RCW 35A.34.200. However, the total amount accumulated
in such fund at any time shall not exceed the equivalent of
thirty-seven and one-half cents per thousand dollars of
assessed valuation of property within the city at such time.
Any moneys in the emergency fund at the end of the fiscal
biennium shall not lapse except upon reappropriation by the
council to another fund in the adoption of a subsequent budget. [1985 c 175 § 57.]
35A.34.250
35A.34.260 Contingency fund—Withdrawals. No
money shall be withdrawn from the contingency fund except
by transfer to the appropriate operating fund authorized by a
resolution or ordinance of the legislative body of the city,
adopted by a majority vote of the entire legislative body,
clearly stating the facts constituting the reason for the withdrawal or the emergency as the case may be, specifying the
fund to which the withdrawn money shall be transferred.
[1985 c 175 § 58.]
35A.34.280 Violations and penalties. Upon the conviction of any city official, department head, or other city
employee of knowingly failing, or refusing, without just
cause, to perform any duty imposed upon such officer or
employee by this chapter, or city charter or city ordinance, in
connection with the giving of notice, the preparing and filing
of estimates of revenues or expenditures or other information
required for preparing a budget report in the time and manner
required, or of knowingly making expenditures in excess of
budget appropriations, the official or employee shall be guilty
of a misdemeanor and shall be fined not more than five hundred dollars for each separate violation. [1985 c 175 § 60.]
35A.34.280
Chapter 35A.35
Chapter 35A.35 RCW
INTERGOVERNMENTAL RELATIONS
Sections
35A.35.010 Joint facilities and agreements.
35A.35.020 Demonstration Cities and Metropolitan Development Act—
Authority to contract with federal government.
35A.34.260
35A.34.270 Unexpended appropriations. All appropriations in any current operating fund shall lapse at the end
of each fiscal biennium. However, this shall not prevent payments in the following biennium upon uncompleted programs or improvements in progress or on orders subsequently
filled or claims subsequently billed for the purchase of material, equipment, and supplies or for personal or contractual
services not completed or furnished by the end of the fiscal
biennium, all of which have been properly budgeted and contracted for prior to the close of such fiscal biennium, but furnished or completed in due course thereafter.
All appropriations in a special fund authorized by ordinance or by state law to be used only for the purpose or purposes therein specified, including any cumulative reserve
funds lawfully established in specific or general terms for any
municipal purpose or purposes, or a contingency fund as
authorized by RCW 35A.34.250, shall not lapse, but shall be
carried forward from biennium to biennium until fully
expended or the purpose has been accomplished or abandoned, without necessity of reappropriation.
The accounts for budgetary control for each fiscal biennium shall be kept open for twenty days after the close of
such fiscal biennium for the purpose of paying and recording
claims for indebtedness incurred during such fiscal biennium;
any claim presented after the twentieth day following the
close of the fiscal biennium shall be paid from appropriations
lawfully provided for the ensuing period, including those
made available by provisions of this section, and shall be
recorded in the accounts for the ensuing fiscal biennium.
[1985 c 175 § 59.]
35A.34.270
[Title 35A RCW—page 54]
35A.35.010 Joint facilities and agreements. In addition to exercising all authority granted to cities of any class
for joint or intergovernmental cooperation and activity and
agreements for the acquisition, ownership, leasing, control,
improvement, occupation and use of land or other property
with a county, another city, or governmental agency, and in
addition to authority granted to code cities by RCW
35A.11.040, every code city may exercise the powers relating
to jails, places of detention, civic centers, civic halls and
armories as is authorized by chapters 36.64 and 38.20 RCW.
[1967 ex.s. c 119 § 35A.35.010.]
35A.35.010
35A.35.020 Demonstration Cities and Metropolitan
Development Act—Authority to contract with federal
government. See RCW 35.21.660.
35A.35.020
Chapter 35A.36
Chapter 35A.36 RCW
EXECUTION OF BONDS BY PROXY
IN CODE CITIES
Sections
35A.36.010
35A.36.020
35A.36.030
35A.36.040
35A.36.050
35A.36.060
35A.36.070
Appointment of proxies.
Coupons—Printing facsimile signatures.
Deputies—Exemptions.
Designation of bonds to be signed.
Liability of officer.
Notice to council.
Revocation of proxy.
35A.36.010 Appointment of proxies. The mayor,
finance officer, city clerk, or other officer of a code city who
is authorized or required by law, charter, or ordinance to execute bonds of the city or any subdivision or district thereof
may designate one or more bonded persons to affix such
officer’s signature to any bond or bonds requiring his signature. If the signature of one of these officers is affixed to a
bond during his continuance in office by a proxy designated
by him whose authority has not been revoked, the bond shall
be as binding upon the city and all concerned as though the
officer had signed the bond in person. This chapter shall
apply to all bonds, whether they constitute obligations of the
35A.36.010
(2008 Ed.)
Funds, Special Purpose
city as a whole or of any local improvement or other district
or subdivision thereof, whether they call for payment from
the general funds of the city or from a local, special or other
fund, and whether negotiable or otherwise. [1967 ex.s. c 119
§ 35A.36.010.]
35A.36.020 Coupons—Printing facsimile signatures.
A facsimile reproduction of the signature of any of the code
city officers referred to in RCW 35A.36.010 may be printed,
engraved, or lithographed upon bond coupons with the same
effect as though the particular officer had signed the coupon
in person. [1967 ex.s. c 119 § 35A.36.020.]
35A.36.020
35A.36.030 Deputies—Exemptions. This chapter
shall not be construed to require the appointment of deputy
finance officers or deputy city clerks of code cities to be
made in accordance with this chapter insofar as concerns signatures or other acts which may lawfully be made or done by
such deputy officer under the provisions of any other law.
[1967 ex.s. c 119 § 35A.36.030.]
35A.36.030
35A.36.040 Designation of bonds to be signed. (1)
The officer of a code city whose duty it is to cause any bonds
to be printed, engraved, or lithographed, shall specify in a
written order or requisition to the printer, engraver, or lithographer the number of bonds to be printed, engraved or lithographed and the manner of numbering them.
(2) Every printer, engraver, or lithographer who knowingly prints, engraves, or lithographs a greater number of
bonds than that specified or who knowingly prints, engraves,
or lithographs more than one bond bearing the same number
is guilty of a class B felony punishable according to chapter
9A.20 RCW. [2003 c 53 § 200; 1967 ex.s. c 119 §
35A.36.040.]
35A.36.040
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
35A.36.050 Liability of officer. A code city officer
authorizing the affixing of his signature to a bond by a proxy
shall be subject to the same liability personally and on his
bond for any signature so affixed and to the same extent as if
he had affixed his signature in person. [1967 ex.s. c 119 §
35A.36.050.]
35A.36.050
35A.36.060 Notice to council. In order to designate a
proxy to affix his signature to bonds, a code city officer shall
address a written notice to the legislative body of the city giving the name of the person whom he has selected therefor and
stating generally or specifically what bonds are to be so
signed.
Attached to or included in the notice shall be a written
signature of the officer making the designation executed by
the proposed proxy followed by the word "by" and his own
signature; or, if the notice so states, the specimen signatures
may consist of a facsimile reproduction of the officer’s signature impressed by some mechanical process followed by the
word "by" and the proxy’s own signature.
If the authority is intended to include the signature upon
bonds bearing an earlier date than the effective date of the
35A.36.060
(2008 Ed.)
35A.37.010
notice, the prior dated bonds must be specifically described
by reasonable reference thereto.
The notice designating a proxy shall be filed with the
city finance officer or city clerk, together with the specimen
signatures attached thereto and a record of the filing shall be
made in the journal of the legislative body. This record shall
note the date and hour of filing and may be made by the official who keeps the journal at any time after the filing of the
notice, even during a period of recess or adjournment of the
legislative body. The notice shall be effective from the time
of its recording. [1967 ex.s. c 119 § 35A.36.060.]
35A.36.070 Revocation of proxy. Any designation of
a proxy may be revoked by written notice addressed to the
legislative body of the code city signed by the officer who
made the designation and filed and recorded in the same manner as the notice of designation. It shall be effective from the
time of its recording but shall not affect the validity of any
sign a tu re s the r e to fo re mad e. [ 19 67 e x .s. c 1 19 §
35A.36.070.]
35A.36.070
Chapter 35A.37
Chapter 35A.37 RCW
FUNDS, SPECIAL PURPOSE
Sections
35A.37.010 Segregating and accounting.
35A.37.010 Segregating and accounting. Code cities
shall establish such funds for the segregation, budgeting,
expenditure and accounting for moneys received for special
purposes as are required by general law applicable to such
cities’ activities and the officers thereof shall pay into,
expend from, and account for such moneys in the manner
provided therefor including but not limited to the requirements of the following:
(1) Accounting funds as required by RCW 35.37.010;
(2) Annexation and consolidation fund as required by
chapters 35.10 and 35.13 RCW;
(3) Assessment fund as required by RCW 8.12.480;
(4) Equipment rental fund as authorized by RCW
35.21.088;
(5) Current expense fund as required by RCW
35.37.010, usually referred to as the general fund;
(6) Local improvement guaranty fund as required by
RCW 35.54.010;
(7) An indebtedness and sinking fund, together with separate funds for utilities and institutions as required by RCW
35.37.020;
(8) Local improvement district fund and revolving fund
as required by RCW 35.45.130 and 35.48.010;
(9) City street fund as required by chapter 35.76 RCW
and RCW 47.24.040;
(10) *Firemen’s relief and pension fund as required by
chapters 41.16 and 41.18 RCW;
(11) Policemen’s relief and pension fund as required by
RCW 41.20.130 and 63.32.030;
(12) First-class cities’ employees retirement and pension
system as authorized by chapter 41.28 RCW;
(13) Applicable rules of the state auditor. [1995 c 301 §
60; 1983 c 3 § 62; 1967 ex.s. c 119 § 35A.37.010.]
35A.37.010
[Title 35A RCW—page 55]
Chapter 35A.38
Title 35A RCW: Optional Municipal Code
*Reviser’s note: The "firemen’s relief and pension fund" was changed
to the "firefighters’ relief and pension fund" by 2007 c 218 § 37.
Chapter 35A.38 RCW
EMERGENCY SERVICES
Chapter 35A.38
Sections
35A.38.010 Local organization.
35A.38.010 Local organization. A code city may participate in the creation of local organizations for emergency
services, provide for mutual aid, and exercise all of the powers and privileges and perform all of the functions and duties,
and the officers and employees thereof shall have the same
powers, duties, rights, privileges and immunities as any city
of any class, and the employees thereof, have in connection
with emergency services as provided in chapter 38.52 RCW
in the manner provided by said chapters or by general law.
[1974 ex.s. c 171 § 2; 1967 ex.s. c 119 § 35A.38.010.]
elections for authorization of the incurring of indebtedness,
and provisions pertaining to the issuance, sale, funding and
redemption of general obligation bonds and remedies for
nonpayment thereof are governed and controlled by the general law as contained in, but not limited to chapters 35.37,
39.40, 39.46, 39.52, 39.56, and 43.80 RCW, and are hereby
recognized as applicable to code cities. [1984 c 186 § 24;
1967 ex.s. c 119 § 35A.40.010.]
Purpose—1984 c 186: See note following RCW 39.46.110.
35A.38.010
Chapter 35A.39
Chapter 35A.39 RCW
PUBLIC DOCUMENTS AND RECORDS
Sections
35A.40.020 Payment of claims and obligations by
warrant or check. A code city, by ordinance, may adopt a
policy for the payment of claims or other obligations of the
city, which are payable out of solvent funds, electing either to
pay such obligations by warrant, or to pay such obligations
by check: PROVIDED, That no check shall be issued when
the applicable fund is not solvent at the time payment is
ordered, but a warrant shall be issued therefor. When checks
are to be used, the legislative body shall designate the qualified public depositary whereon such checks are to be drawn,
and the officers authorized or required to sign such checks.
Wherever in this title, reference is made to warrants, such
term shall include checks where authorized by this section.
[1984 c 177 § 5; 1967 ex.s. c 119 § 35A.40.020.]
35A.40.020
35A.39.010 Legislative and administrative records.
35A.40.030 Fiscal—Depositaries. The legislative
body of a code city, at the end of each fiscal year, or at such
other times as the legislative body may direct, shall designate
one or more financial institutions which are qualified public
depositaries as set forth by the public deposit protection commission as depositary or depositaries of the moneys required
to be kept by the code city treasurer or other officer performing the duties commonly performed by the treasurer of a code
city: PROVIDED, That where any bank has been designated
as a depositary hereunder such designation shall continue in
force until revoked by a majority vote of the legislative body
of such code city. The provisions relating to depositaries,
contained in chapter 39.58 RCW, as now or hereafter
amended, are hereby recognized as applicable to code cities
and to the depositaries designated by them. [1984 c 177 § 6;
1973 c 126 § 4; 1967 ex.s. c 119 § 35A.40.030.]
35A.40.030
35A.39.010 Legislative and administrative records.
Every code city shall keep a journal of minutes of its legislative meetings with orders, resolutions and ordinances passed,
and records of the proceedings of any city department, division or commission performing quasi judicial functions as
required by ordinances of the city and general laws of the
state and shall keep such records open to the public as
required by RCW 42.32.030 and shall keep and preserve all
public records and publications or reproduce and destroy the
same as provided by Title 40 RCW. Each code city may
duplicate and sell copies of its ordinances at fees reasonably
calculated to defray the cost of such duplication and handling. [1995 c 21 § 2; 1967 ex.s. c 119 § 35A.39.010.]
35A.39.010
Chapter 35A.40
Chapter 35A.40 RCW
FISCAL PROVISIONS APPLICABLE
TO CODE CITIES
Sections
35A.40.010
35A.40.020
35A.40.030
35A.40.050
35A.40.060
35A.40.070
35A.40.080
35A.40.090
35A.40.100
35A.40.110
35A.40.200
35A.40.210
Accounting—Funds—Indebtedness—Bonds.
Payment of claims and obligations by warrant or check.
Fiscal—Depositaries.
Fiscal—Investment of funds.
Fiscal—Validation and funding of debts.
Fiscal—Municipal Revenue Bond Act.
Bonds—Form, terms, and maturity.
Indebtedness.
Bankruptcy, readjustment and relief from debts.
Employee checks, drafts, warrants—City may cash.
General law relating to public works and contracts.
Public work contracts or purchases—Procedures.
35A.40.010 Accounting—Funds—Indebtedness—
Bonds. Municipal accounts and funds, the contracting of
indebtedness for municipal purposes and the issuance and
payment of bonds therefor, the validation of preexisting obligations by the voters of a consolidated city, debt limitations,
35A.40.010
[Title 35A RCW—page 56]
35A.40.050 Fiscal—Investment of funds. Excess and
inactive funds on hand in the treasury of any code city may be
invested in the same manner and subject to the same limitations as provided for city and town funds in all applicable
statutes, including, but not limited to the following: RCW
35.39.030, 35.58.510, 35.81.070, 35.82.070, 36.29.020,
39.58.020, 39.58.080, 39.58.130, 39.60.010, 39.60.020,
41.16.040, 68.52.060, 68.52.065, and 72.19.120.
The responsibility for determining the amount of money
available in each fund for investment purposes shall be
placed upon the department, division, or board responsible
for the administration of such fund.
Moneys thus determined available for this purpose may
be invested on an individual fund basis or may, unless otherwise restricted by law be commingled within one common
investment portfolio for the mutual benefit of all participating
funds: PROVIDED, That if such moneys are commingled in
a common investment portfolio, all income derived there35A.40.050
(2008 Ed.)
Public Employment
from shall be apportioned among the various participating
funds or the general or current expense fund as the governing
body of the code city determines by ordinance or resolution.
Any excess or inactive funds on hand in the city treasury
not otherwise invested for the specific benefit of any particular fund, may be invested by the city treasurer in United
States government bonds, notes, bills or certificates of
indebtedness for the benefit of the general or current expense
fund. [2007 c 64 § 1; 1987 c 331 § 77; 1983 c 66 § 2; 1983 c
3 § 64; 1967 ex.s. c 119 § 35A.40.050.]
Effective date—1987 c 331: See RCW 68.05.900.
Severability—1983 c 66: See note following RCW 39.58.010.
35A.40.060 Fiscal—Validation and funding of debts.
The provisions of general law contained in chapters 35.40
and 39.90 RCW, relating to the validation and funding of
debts and elections pertaining thereto is hereby recognized as
applicable to code cities. [1967 ex.s. c 119 § 35A.40.060.]
35A.40.060
35A.40.070 Fiscal—Municipal Revenue Bond Act.
All provisions of chapter 35.41 RCW, the Municipal Revenue Bond Act, shall be applicable and/or available to code
cities. [1967 ex.s. c 119 § 35A.40.070.]
35A.40.070
35A.40.080 Bonds—Form, terms, and maturity. In
addition to any other authority granted by law, a code city
shall have authority to ratify and fund indebtedness as provided by chapter 35.40 RCW; to issue revenue bonds, coupons and warrants as authorized by chapter 35.41 RCW; to
authorize and issue local improvement bonds and warrants,
installment notes and interest certificates as authorized by
chapter 35.45 RCW; to fund indebtedness and to issue other
bonds as authorized by chapters 39.44, 39.48, 39.52 RCW,
RCW 39.56.020, and 39.56.030 in accordance with the procedures and subject to the limitations therein provided. [1967
ex.s. c 119 § 35A.40.080.]
35A.40.080
35A.40.090 Indebtedness. The provisions of general
law contained in chapter 39.36 RCW relating to municipal
indebtedness shall be applicable to code cities. [2001 c 200 §
2; 1973 1st ex.s. c 195 § 29; 1970 ex.s. c 42 § 16; 1967 ex.s.
c 119 § 35A.40.090. Cf. 1973 1st ex.s. c 195 § 141.]
35A.40.090
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
35A.40.100 Bankruptcy, readjustment and relief
from debts. A code city may exercise the powers and obtain
the benefits relating to bankruptcy, readjustment and relief
from debts as authorized by chapter 39.64 RCW in accordance with the procedures therein prescribed. [1967 ex.s. c
119 § 35A.40.100.]
35A.40.100
35A.40.110 Employee checks, drafts, warrants—
City may cash. Any code city is hereby authorized, at its
option and after the adoption of the appropriate ordinance, to
accept in exchange for cash a payroll check, draft, or warrant;
expense check, draft, or warrant; or personal check from a
city employee in accordance with the following conditions:
(1) The check, warrant, or draft must be drawn to the
order of cash or bearer and be immediately payable by a
drawee financial institution;
(2) The person presenting the check, draft, or warrant to
the city must produce identification as outlined by the city in
the authorizing ordinance;
(3) The payroll check, draft, or warrant or expense
check, draft, or warrant must have been issued by the city;
and
(4) Personal checks cashed pursuant to this authorization
cannot exceed two hundred dollars.
In the event that any personal check cashed for a city
employee by the city under this section is dishonored by the
drawee financial institution when presented for payment, the
city is authorized, after notice to the drawer or endorser of the
dishonor, to withhold from the drawer’s or endorser’s next
payroll check, draft, or warrant the full amount of the dishonored check. [1991 c 185 § 2.]
35A.40.200 General law relating to public works and
contracts. Every code city shall have the authority to make
public improvements and to perform public works under
authority provided by general law for any class of city and to
make contracts in accordance with procedure and subject to
the conditions provided therefor, including but not limited to
the provisions of: (1) Chapter 39.04 RCW, relating to public
works; (2) RCW 35.23.352 relating to competitive bidding
for public works, materials and supplies; (3) RCW 9.18.120
and 9.18.150 relating to suppression of competitive bidding;
(4) chapter 60.28 RCW relating to liens for materials and
labor performed; (5) chapter 39.08 RCW relating to contractor’s bonds; (6) chapters 39.12 and 43.03 RCW relating to
prevailing wages; (7) chapter 49.12 RCW relating to hours of
labor; (8) chapter 51.12 RCW relating to workers’ compensation; (9) chapter 49.60 RCW relating to antidiscrimination in
employment; (10) chapter 39.24 RCW relating to the use of
Washington commodities; and (11) chapter 39.28 RCW
relating to emergency public works. [1995 c 164 § 2; 1987 c
185 § 4; 1983 c 3 § 65; 1967 ex.s. c 119 § 35A.40.200.]
35A.40.200
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
35A.40.210 Public work contracts or purchases—
Procedures. Procedures for any public work or improvement contracts or purchases for code cities shall be governed
by the following statutes, as indicated:
(1) For code cities of twenty thousand population or
over, RCW 35.22.620; and
(2) For code cities under twenty thousand population;
RCW 35.23.352. [1989 c 11 § 8; 1979 ex.s. c 89 § 3.]
35A.40.210
Severability—1989 c 11: See note following RCW 9A.56.220.
Chapter 35A.41
35A.40.110
(2008 Ed.)
Chapter 35A.41
Chapter 35A.41 RCW
PUBLIC EMPLOYMENT
Sections
35A.41.010 Retirement and pension systems for code cities having a population of more than twenty thousand.
35A.41.020 Public employment and civil service.
35A.41.030 City contracts to obtain sheriff’s office law enforcement services.
[Title 35A RCW—page 57]
35A.41.010
Title 35A RCW: Optional Municipal Code
35A.41.010 Retirement and pension systems for code
cities having a population of more than twenty thousand.
A code city having a population of more than twenty thousand inhabitants, or having been classed theretofore as a city
of the first class may exercise all of the powers relating to
retirement and pension systems for employees as authorized
by RCW 35A.11.020 and by chapter 41.28 RCW in accordance with the procedures prescribed therein and subject to
the limitations and penalties thereof. [1967 ex.s. c 119 §
35A.41.010.]
35A.41.010
35A.41.020 Public employment and civil service.
Except as otherwise provided in this title, the general provisions relating to public employment, including hospitalization and medical aid as provided in chapter 41.04 RCW, and
the application of federal social security for public employees, the acceptance of old age and survivors insurance as provided in chapters 41.47 and 41.48 RCW, military leave as
provided in RCW 38.40.060, self-insurance as provided in
chapter 48.62 RCW, the application of industrial insurance as
provided in Title 51 RCW, and chapter 43.101 RCW relating
to training of law enforcement officers, shall apply to code
cities. Any code city may retain any civil service system
theretofore in effect in such city and may adopt any system of
civil service which would be available to any class of city
under general law. [1991 sp.s. c 30 § 20; 1983 c 3 § 66; 1967
ex.s. c 119 § 35A.41.020.]
35A.41.020
Effective date, implementation, application—Severability—1991
sp.s. c 30: See RCW 48.62.900 and 48.62.901.
Political activities of public employees: RCW 41.06.250.
35A.41.030 City contracts to obtain sheriff’s office
law enforcement services. See RCW 41.14.250 through
41.14.280.
35A.41.030
Chapter 35A.42 RCW
PUBLIC OFFICERS AND AGENCIES, MEETINGS,
DUTIES AND POWERS
Chapter 35A.42
Sections
35A.42.010
35A.42.020
35A.42.030
35A.42.040
35A.42.050
City treasurer—Miscellaneous authority and duties.
Qualification, removal, code of ethics, duties.
Continuity of government—Enemy attack.
City clerks and controllers.
Public officers and employees—Conduct.
police and firemen’s relief and pension boards; (7) as provided in chapter 42.20 RCW relating to misappropriation of
funds; and (8) as provided in chapter 39.60 RCW relating to
investment of municipal funds. The treasurer shall be subject
to the penalties imposed for the violation of any of such provisions. Where a provision of this title, or the general law,
names the city treasurer as an officer of a board or other body,
or assigns duties to a city treasurer, such position shall be
filled, or such duties performed, by the officer of a code city
who is performing the duties usually performed by a city treasurer, although he may not have that designation. [1987 c
331 § 78; 1984 c 258 § 320; 1967 ex.s. c 119 § 35A.42.010.]
Effective date—1987 c 331: See RCW 68.05.900.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.34.130.
35A.42.020 Qualification, removal, code of ethics,
duties. Except as otherwise provided in this title, every elective and appointive officer and all employees of code cities
shall: (1) Be possessed of the qualifications and be subject to
forfeiture of office, impeachment or removal and recall as
provided in chapter 42.04 RCW and RCW 9.81.040; and (2)
provide official bonds in accordance with the requirements of
this title, and as required in compliance with chapters 42.08
and 48.28 RCW.
When vacancies in public offices in code cities shall
occur the term of a replacement officer shall be fixed as provided in chapter 42.12 RCW. A public officer charged with
misconduct as defined in chapter 42.20 RCW, shall be
charged and, upon conviction, punished as provided for such
misconduct in chapter 42.20 RCW. The officers and employees of code cities shall be guided and governed by the code of
ethics as provided in chapter 42.23 RCW. Vouchers for the
payment of public funds and the provisions for certifying the
same shall be as provided in chapter 42.24 RCW. The meetings of any board, agency, or commission of a code city shall
be open to the public to the extent and notice given in the
manner required by chapter 42.32 RCW. [1967 ex.s. c 119 §
35A.42.020.]
35A.42.020
Reviser’s note: RCW 42.32.010 and 42.32.020 were repealed by 1971
ex.s. c 250 § 15; later enactment, see chapter 42.30 RCW.
Recall of elective officers: State Constitution Art. 1 §§ 33, 34 (Amendment
8); chapter 29A.56 RCW.
Residence qualifications of officials and employees: RCW 35.21.200.
Dog handler using dog in line of duty—Immunity: RCW 4.24.410.
35A.42.030 Continuity of government—Enemy
attack. In the event that the mayor, manager or other chief
executive officer of any code city is unavailable by reason of
enemy attack to exercise the powers and to discharge the
duties of his office, his successor or substitute shall be
selected in the manner provided by RCW 42.14.050 subject
to rules and regulations providing for the appointment of
temporary interim successors adopted under RCW
42.14.070. [1967 ex.s. c 119 § 35A.42.030.]
35A.42.030
35A.42.010 City treasurer—Miscellaneous authority
and duties. In addition to authority granted and duties
imposed upon code city treasurers by this title, code city treasurers, or the officers designated by charter or ordinance to
perform the duties of a treasurer, shall have the duties and the
authority to perform the following: (1) As provided in RCW
8.12.500 relating to bonds and compensation payments in
eminent domain proceedings; (2) as provided in RCW
68.52.050 relating to cemetery improvement funds; (3) as
provided in RCW 41.28.080 relating to custody of employees’ retirement funds; (4) as provided in RCW 47.08.100
relating to the use of city street funds; (5) as provided in
RCW 46.68.080 relating to motor vehicle funds; (6) as provided in RCW 41.16.020 and chapter 41.20 RCW relating to
35A.42.010
[Title 35A RCW—page 58]
35A.42.040 City clerks and controllers. In addition to
any specific enumeration of duties of city clerks in a code
city’s charter or ordinances, and without limiting the generality of RCW 35A.21.030 of this title, the clerks of all code cities shall perform the following duties in the manner pre35A.42.040
(2008 Ed.)
Highways and Streets
scribed, to wit: (1) Certification of city streets as part of the
highway system in accordance with the provisions of RCW
47.24.010; (2) perform the functions of a member of a *firemen’s pension board as provided by RCW 41.16.020; (3)
keep a record of ordinances of the city and provide copies
thereof as authorized by RCW 5.44.080; (4) serve as applicable the trustees of any police relief and pension board as
authorized by RCW 41.20.010; and (5) serve as secretarytreasurer of volunteer firefighters’ relief and pension boards
as provided in RCW 41.24.060. [1991 c 81 § 39; 1967 ex.s.
c 119 § 35A.42.040.]
*Reviser’s note: The "firemen’s pension board" was changed to the
"firefighters’ pension board" by chapter 218, Laws of 2007.
Effective date—1991 c 81: See note following RCW 29A.84.540.
35A.42.050 Public officers and employees—Conduct.
In addition to provisions of general law relating to public
officials and others in public administration, employment or
public works, the duties and conduct of such officers and
other persons shall be governed by: (1) Chapter 9A.68 RCW
relating to bribery of a public officer; (2) Article II, section 30
of the Constitution of the state of Washington relating to bribery or corrupt solicitation; (3) RCW 35.17.150 relating to
misconduct in code cities having a commission form of government; (4) chapter 42.23 RCW in regard to interest in contracts; (5) *chapter 29.85 RCW relating to misconduct in
connection with elections; (6) RCW 49.44.060 and
**49.44.070 relating to grafting by employees; (7) RCW
49.44.020 and 49.44.030 relating to the giving or solicitation
of a bribe to a labor representative; (8) chapter 42.20 RCW
relating to misconduct of a public officer; (9) RCW
49.52.050 and 49.52.090 relating to rebating by employees;
and (10) chapter 9.18 RCW relating to bribery and grafting.
[1983 c 3 § 67; 1967 ex.s. c 119 § 35A.42.050.]
35A.42.050
Reviser’s note: *(1) Chapter 29.85 RCW was recodified as chapter
29A.84 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.
**(2) RCW 49.44.070 was repealed by 1995 c 285 § 37, effective July
1, 1995.
Chapter 35A.43
Chapter 35A.43 RCW
LOCAL IMPROVEMENTS IN CODE CITIES
Sections
35A.43.010 General law applicable to code cities.
35A.43.020 Public lands subject to local assessments.
35A.43.010 General law applicable to code cities.
Chapters 35.43, 35.44, 35.45, 35.47, 35.48, 35.49, 35.50,
35.53, 35.54, 35.55, and 35.56 RCW all relating to municipal
local improvements and made applicable to all incorporated
cities and towns by RCW 35.43.030 are hereby recognized as
applicable to all code cities, and the provisions thereof shall
supersede the provisions of any charter of a charter code city
inconsistent therewith. The provisions of the chapters named
in this section shall be effective as to charter code cities to the
same extent as such provisions are effective as to cities of the
first class, and all code cities may exercise, in the manner
provided, any authority therein granted to any class of city.
[1967 ex.s. c 119 § 35A.43.010.]
35A.43.010
Local improvements, supplemental authority: Chapter 35.51 RCW.
(2008 Ed.)
Chapter 35A.47
35A.43.020 Public lands subject to local assessments.
In addition to the authority provided by chapter 35.44 RCW,
and chapter 79.44 RCW, a code city may assess public lands
for the cost of local improvements specially benefiting such
lands. [1967 ex.s. c 119 § 35A.43.020.]
35A.43.020
Chapter 35A.44
Chapter 35A.44 RCW
CENSUS
Sections
35A.44.010 Population determination.
35A.44.010 Population determination. The population of code cities shall be determined for specific purposes in
accordance with any express provision of state law relating
thereto. Where no express provision is made, the provisions
of RCW 43.41.110(7) relating to the office of financial management and the provisions of RCW 35.13.260 shall govern.
[1979 ex.s. c 18 § 32; 1979 c 151 § 36; 1967 ex.s. c 119 §
35A.44.010.]
35A.44.010
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
Chapter 35A.46
Chapter 35A.46 RCW
MOTOR VEHICLES
Sections
35A.46.010 State law applicable.
35A.46.010 State law applicable. The provisions of
Title 46 of the Revised Code of Washington relating to regulation of motor vehicles shall be applicable to code cities, its
officers and employees to the same extent as such provisions
grant powers and impose duties upon cities of any class, their
officers and agents, including without limitation the following: (1) Authority to provide for angle parking on certain city
streets designated as forming a route of a primary state highway as authorized in RCW 46.61.575; (2) application of city
police regulations to port districts as authorized by RCW
53.08.230; (3) authority to establish local regulations relating
to city streets forming a part of the state highway system as
authorized by RCW 46.44.080; (4) authority to install and
operate a station for the inspection of vehicle equipment in
conformity with rules, regulations, procedure and standards
prescribed by the Washington state patrol as authorized under
*RCW 46.32.030; (5) exemption from the payment of license
fees for city owned vehicles as authorized by RCW
46.16.020 and 46.16.290; (6) authority to establish traffic
schools as provided by chapter 46.83 RCW; and (7) authority
to enforce the provisions of RCW 81.48.050 relating to railroad crossings. [1967 ex.s. c 119 § 35A.46.010.]
35A.46.010
*Reviser’s note: RCW 46.32.030 was repealed by 1986 c 123 § 7.
Chapter 35A.47
Chapter 35A.47 RCW
HIGHWAYS AND STREETS
Sections
35A.47.010 Highways, granting land for.
35A.47.020 Streets—Acquisition, standards of design, use, vacation and
abandonment—Funds.
35A.47.030 Public highways—Acquisition, agreements, transfers, regulations.
[Title 35A RCW—page 59]
35A.47.010
Title 35A RCW: Optional Municipal Code
35A.47.040 Franchises and permits—Streets and public ways.
Intent—1984 c 258: See note following RCW 3.34.130.
Contracts for street improvements: Chapter 35.72 RCW.
Local adopt-a-highway programs: RCW 47.40.105.
35A.47.010 Highways, granting land for. A code city
may exercise the powers relating to granting of property for
state highway purposes as authorized by RCW 47.12.040 in
accordance with the procedures therein prescribed. [1967
ex.s. c 119 § 35A.47.010.]
35A.47.010
35A.47.020 Streets—Acquisition, standards of
design, use, vacation and abandonment—Funds. The designation of code city streets as a part of the state highway system, the jurisdiction and control of such streets, the procedure
for acquisition or abandonment of rights-of-way for city
streets and state highways, and the sale or lease of state highway land or toll facility to a code city, the requirements for
accounting and expenditure of street funds, and the authority
for contracting for the construction, repair and maintenance
of streets by the state or county shall be the same as is provided in RCW 36.75.090, chapters 47.08, 47.12, 47.24 and
47.56 RCW, and the regulation of signs thereon as provided
in chapter 47.42 RCW. Code cities shall be regulated in the
acquisition, construction, maintenance, use and vacation of
alleys, city streets, parkways, boulevards and sidewalks and
in the design standards therefor as provided in chapters 35.68
through 35.79, 35.85, and 35.86 RCW and *RCW 79.93.010
relating to dedication of tidelands and shorelands to public
use and in the use of state shared funds as provided by general
law. [1983 c 3 § 68; 1967 ex.s. c 119 § 35A.47.020.]
35A.47.020
*Reviser’s note: RCW 79.93.010 was recodified as RCW 79.120.010
pursuant to 2005 c 155 § 1007.
35A.47.030 Public highways—Acquisition, agreements, transfers, regulations. The provisions of Title 47
RCW shall apply to code cities, its officers and employees to
the same extent as such provisions are applicable to any other
class of city within the state, including, without limitation,
the following: (1) The acquisition by the state of municipal
lands and the exchange of state highway and municipal lands,
as provided in chapter 47.12 RCW; (2) the dedication of public land for city streets as provided by RCW 36.34.290 and
36.34.300; (3) city contributions to finance toll facilities as
provided in RCW 47.56.250; (4) contracts with the department of transportation, as provided in RCW 47.01.210; (5)
the construction, maintenance, jurisdiction, and control of
city streets, as provided in chapter 47.24 RCW; (6) agreements between the department of transportation and a city for
the benefit or improvement of highways, roads, or streets, as
provided in RCW 47.28.140; (7) sales, leases, or transfers as
authorized by RCW 47.12.063, 47.12.066, and 47.12.080; (8)
the erection of information signs as regulated by RCW
47.42.050 and 47.42.060; (9) provisions relating to limited
access highways under chapter 47.52 RCW; (10) the acquisition and abandonment for state highways as provided by
RCW 36.75.090 and 90.28.020; and (11) the sharing of maintenance of streets and alleys as an extension of county roads
as provided by RCW 35.77.020. [1984 c 258 § 321; 1983 c 3
§ 69; 1967 ex.s. c 119 § 35A.47.030.]
35A.47.030
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
[Title 35A RCW—page 60]
35A.47.040 Franchises and permits—Streets and
public ways. Every code city shall have authority to permit
and regulate under such restrictions and conditions as it may
set by charter or ordinance and to grant nonexclusive franchises for the use of public streets, bridges or other public
ways, structures or places above or below the surface of the
ground for railroads and other routes and facilities for public
conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and
other methods of communication, for gas, steam and liquid
fuels, for water, sewer and other private and publicly owned
and operated facilities for public service. The power hereby
granted shall be in addition to the franchise authority granted
by general law to cities.
No ordinance or resolution granting any franchise in a
code city for any purpose shall be adopted or passed by the
city’s legislative body on the day of its introduction nor for
five days thereafter, nor at any other than a regular meeting
nor without first being submitted to the city attorney, nor
without having been granted by the approving vote of at least
a majority of the entire legislative body, nor without being
published at least once in a newspaper of general circulation
in the city before becoming effective.
The city council may require a bond in a reasonable
amount for any person or corporation obtaining a franchise
from the city conditioned upon the faithful performance of
the conditions and terms of the franchise and providing a
recovery on the bond in case of failure to perform the terms
and conditions of the franchise.
A code city may exercise the authority hereby granted,
notwithstanding a contrary limitation of any preexisting charter provision. [1967 ex.s. c 119 § 35A.47.040.]
35A.47.040
Chapter 35A.49
Chapter 35A.49 RCW
LABOR AND SAFETY REGULATIONS
Sections
35A.49.010 Labor regulations—Safety regulations, discrimination in
employment, hours, wages.
35A.49.010 Labor regulations—Safety regulations,
discrimination in employment, hours, wages. Provisions
of state laws relating to labor and safety regulations as provided in Title 49 RCW shall apply to code cities to the same
extent as such laws apply to other classes of cities. [1967
ex.s. c 119 § 35A.49.010.]
35A.49.010
Chapter 35A.56
Chapter 35A.56 RCW
LOCAL SERVICE DISTRICTS
Sections
35A.56.010 Laws relating to special service districts, application to code
cities.
35A.56.010 Laws relating to special service districts,
application to code cities. Except as otherwise provided in
this title, state laws relating to special service or taxing dis35A.56.010
(2008 Ed.)
Liens
tricts shall apply to, grant powers, and impose duties upon
code cities and their officers to the same extent as such laws
apply to and affect other classes of cities and towns and their
employees, including, without limitation, the following: (1)
Chapter 70.94 RCW, relating to air pollution control; (2)
chapter 68.52 RCW, relating to cemetery districts; (3) *chapter 29.68 RCW, relating to congressional districts; (4) chapters 14.07 and 14.08 RCW, relating to municipal airport districts; (5) chapter 36.88 RCW, relating to county road
improvement districts; (6) Title 85 RCW, relating to diking
districts, drainage districts, and drainage improvement districts; (7) **chapter 36.54 RCW, relating to ferry districts;
(8) Title 52 RCW, relating to fire protection districts; (9)
Title 86 RCW, relating to flood control districts and flood
control; (10) chapter 70.46 RCW, relating to health districts;
(11) chapters 87.03 through 87.84 and 89.12 RCW, relating
to irrigation districts; (12) chapter 35.61 RCW, relating to
metropolitan park districts; (13) chapter 35.58 RCW, relating
to metropolitan municipalities; (14) chapter 17.28 RCW,
relating to mosquito control districts; (15) chapter 17.12
RCW, relating to agricultural pest districts; (16) Title 53
RCW, relating to port districts; (17) chapter 70.44 RCW,
relating to public hospital districts; (18) Title 54 RCW, relating to public utility districts; (19) chapter 91.08 RCW, relating to public waterway districts; (20) chapter 89.12 RCW,
relating to reclamation districts; (21) chapters 57.02 through
57.36 RCW, relating to water-sewer districts; and (22) chapter 17.04 RCW, relating to weed districts. [1996 c 230 §
1605; 1987 c 331 § 79; 1979 ex.s. c 30 § 2; 1967 ex.s. c 119
§ 35A.56.010.]
Reviser’s note: *(1) Chapter 29.68 RCW was recodified as chapter
29A.28 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.
**(2) Chapter 36.54 RCW relates to county-owned ferries.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Effective date—1987 c 331: See RCW 68.05.900.
Chapter 35A.57 RCW
INCLUSION OF CODE CITIES IN METROPOLITAN
MUNICIPAL CORPORATIONS
Chapter 35A.57
Sections
35A.57.020 Metropolitan municipal corporations—May be formed around
charter code city.
35A.57.020 Metropolitan municipal corporations—
May be formed around charter code city. Any area of the
state containing two or more cities, at least one of which is a
code city having at least ten thousand population, may organize as a metropolitan municipal corporation. The presence in
such area of a code city having at least ten thousand population, shall fulfill the requirement of RCW 35.58.030 as to the
class of city required to be included in an area incorporating
as a metropolitan municipal corporation. [1967 ex.s. c 119 §
35A.57.020.]
35A.60.010
35A.58.020 Alteration and vacation of plats.
35A.58.030 Platting and subdivision of land.
35A.58.010 Locating corners and boundaries. General laws shall govern the methods, procedures, and standards
for surveying, establishing corners and boundaries, describing and perpetuating and recording information and descriptions relating thereto. The boundaries and corners of sections,
parcels, plats, and subdivisions of land within a code city,
may be surveyed, established, relocated, and perpetuated
whenever a majority of the resident owners of any section or
part or parts of any section of land within the city makes
application in accordance with the provisions of chapter
58.04 RCW. [1967 ex.s. c 119 § 35A.58.010.]
35A.58.010
35A.58.020 Alteration and vacation of plats. The provisions of *chapters 58.11 and 58.12 RCW shall apply in
appropriate cases to the alteration or vacation of plats including land or lots within a code city or the vacation of streets
therein as provided in chapter 35.79 RCW. The vacation of
waterways within a code city shall be governed by the provisions of **chapter 79.16 RCW. [1967 ex.s. c 119 §
35A.58.020.]
35A.58.020
Reviser’s note: *(1) Chapters 58.11 and 58.12 RCW were repealed by
1987 c 354 § 8.
**(2) Chapter 79.16 RCW was repealed by 1982 1st ex.s. c 21 § 183.
For later enactment, see chapters 79.90 through 79.96 RCW. Chapters 79.90
through 79.96 RCW were subsequently recodified as chapters 79.105
through 79.140 RCW pursuant to 2005 c 155.
35A.58.030 Platting and subdivision of land. The
provisions of chapter 58.17 RCW together with the provisions of a code city’s subdivision regulations as adopted by
ordinance not inconsistent with the provisions of chapter
58.17 RCW shall control the platting and subdividing of land
into lots or tracts comprising five or more of such lots or
tracts or containing a dedication of any part thereof as a public street or highway, or other public place or use: PROVIDED, That nothing herein shall prohibit the legislative
body of a code city from adopting reasonable ordinances regulating the subdivision of land into two or more parcels without requiring compliance with all of the requirements of the
platting law. [1983 c 3 § 70; 1971 ex.s. c 251 § 9; 1967 ex.s.
c 119 § 35A.58.030.]
35A.58.030
Severability—1971 ex.s. c 251: See RCW 35A.90.050.
35A.57.020
Chapter 35A.58
Chapter 35A.58 RCW
BOUNDARIES AND PLATS
Sections
35A.58.010 Locating corners and boundaries.
(2008 Ed.)
Chapter 35A.60
Chapter 35A.60 RCW
LIENS
Sections
35A.60.010 General law applicable.
35A.60.010 General law applicable. The general law
relating to liens including but not limited to the provisions of
Title 60 RCW, as the same relates to cities of any class shall
apply to code cities. Every code city may exercise the authority to perform services to property within the city and to
claim and foreclose liens allowed therefor by general laws for
any class of city including but not limited to the following
provisions: (1) Chapter 35.80 RCW, relating to unfit dwellings, buildings and structures; (2) RCW 35.22.320, relating
35A.60.010
[Title 35A RCW—page 61]
Chapter 35A.63
Title 35A RCW: Optional Municipal Code
to the cost of filling cesspools; (3) RCW 35.85.030, relating
to assessment liens for viaducts, elevated roadways, tunnels,
and subways; (4) RCW 35.21.130, 35.21.140, 35.21.150, and
35.22.320 for garbage collection; (5) chapters 35.50, 35.55
and 35.56 RCW relating to enforcement of local improvement liens; (6) RCW 35.73.050 relating to the expense of
sanitary fills; (7) RCW 35.67.200 through 35.67.290, relating
to sewerage systems and service; (8) RCW 35.68.070,
35.69.030, 35.70.090, relating to sidewalks; (9) RCW
*35.49.120 through 35.49.160, relating to priority of tax
liens; (10) RCW 35.21.290 and 35.21.300, providing for liens
for utility services; (11) chapter 84.60 RCW relating to lien
of taxes upon property; (12) RCW 4.16.030, relating to foreclosure of local improvement liens; (13) chapter 60.76 RCW,
relating to lien of employees for contribution to benefit plans;
and (14) chapter 60.28 RCW, relating to lien for labor and
materials on public works. [1967 ex.s. c 119 § 35A.60.010.]
*Reviser’s note: RCW 35.49.120 was repealed by 1994 c 301 § 57.
Chapter 35A.63 RCW
PLANNING AND ZONING IN CODE CITIES
Chapter 35A.63
Sections
35A.63.010 Definitions.
35A.63.015 "Solar energy system" defined.
35A.63.020 Planning agency—Creation—Powers and duties—Conflicts
of interest.
35A.63.030 Joint meetings and cooperative action.
35A.63.040 Regional planning.
35A.63.050 Receipt and expenditure of funds.
35A.63.060 Comprehensive plan—General.
35A.63.061 Comprehensive plan—Required elements.
35A.63.062 Comprehensive plan—Optional elements.
35A.63.070 Comprehensive plan—Notice and hearing.
35A.63.071 Comprehensive plan—Forwarding to legislative body.
35A.63.072 Comprehensive plan—Approval by legislative body.
35A.63.073 Comprehensive plan—Amendments and modifications.
35A.63.080 Comprehensive plan—Effect.
35A.63.100 Municipal authority.
35A.63.105 Development regulations—Consistency with comprehensive
plan.
35A.63.110 Board of adjustment—Creation—Powers and duties.
35A.63.120 Administration and enforcement.
35A.63.130 Provisions inconsistent with charters.
35A.63.140 Duties and responsibilities imposed by other acts.
35A.63.145 Prohibitions on manufactured homes—Review required—
"Designated manufactured home" defined.
35A.63.146 Manufactured housing communities—Elimination of existing
community by code city prohibited.
35A.63.149 Residential care facilities—Review of need and demand—
Adoption of ordinances.
35A.63.150 Public hearings.
35A.63.152 Public notice—Identification of affected property.
35A.63.160 Construction—1967 ex.s. c 119.
35A.63.170 Hearing examiner system—Adoption authorized—Alternative—Functions—Procedures.
35A.63.200 Conformance with chapter 43.97 RCW required.
35A.63.210 Child care facilities—Review of need and demand—Adoption
of ordinances.
35A.63.215 Family day-care provider’s home facility—City may not prohibit in residential or commercial area—Conditions.
35A.63.220 Moratoria, interim zoning controls—Public hearing—Limitation on length.
35A.63.230 Accessory apartments.
35A.63.240 Treatment of residential structures occupied by persons with
handicaps.
35A.63.250 Watershed restoration projects—Permit processing—Fish
habitat enhancement project.
35A.63.260 Planning regulations—Copies provided to county assessor.
35A.63.270 General aviation airports.
35A.63.280 Conditional and special use permit applications by parties
licensed or certified by the department of social and health
services or the department of corrections—Mediation prior
to appeal required.
[Title 35A RCW—page 62]
Acquisition of interests in land for conservation, protection, preservation, or
open space purposes by cities: RCW 64.04.130.
Adult family homes—Permitted use in residential and commercial zones:
RCW 70.128.175.
Appearance of fairness doctrine—Application to local land use decisions:
RCW 42.36.010.
Associations of municipal corporations or municipal officers to furnish
information to legislature and governor: RCW 44.04.170.
35A.63.010 Definitions. The following words or terms
as used in this chapter shall have the meanings set forth
below unless different meanings are clearly indicated by the
context:
(1) "Chief administrative officer" means the mayor in
code cities operating under the mayor-council and commission forms, the city manager in code cities operating under
the council-manager forms, or such other officer as the charter of a charter code city designates as the chief administrative officer.
(2) "City" means an incorporated city or town.
(3) "Code city" is used where the application of this
chapter is limited to a code city; where joint, regional, or
cooperative action is intended, a code city may be included in
the unrestricted terms "city" or "municipality".
(4) "Comprehensive plan" means the policies and proposals approved by the legislative body as set forth in RCW
35A.63.060 through 35A.63.072 of this chapter and containing, at least, the elements set forth in RCW 35A.63.061.
(5) "Legislative body" means a code city council, a code
city commission, and, in cases involving regional or cooperative planning or action, the governing body of a municipality.
(6) "Municipality" includes any code city and, in cases of
regional or cooperative planning or action, any city, town,
township, county, or special district.
(7) "Ordinance" means a legislative enactment by the
legislative body of a municipality; in this chapter "ordinance"
is synonymous with the term "resolution" when "resolution"
is used as representing a legislative enactment.
(8) "Planning agency" means any person, body, or organization designated by the legislative body to perform a planning function or portion thereof for a municipality, and
includes, without limitation, any commission, committee,
department, or board together with its staff members,
employees, agents, and consultants.
(9) "Special district" means that portion of the state,
county, or other political subdivision created under general
law for rendering of one or more local public services or for
administrative, educational, judicial, or political purposes.
[1967 ex.s. c 119 § 35A.63.010.]
35A.63.010
35A.63.015 "Solar energy system" defined. As used
in this chapter, "solar energy system" means any device or
combination of devices or elements which rely upon direct
sunlight as an energy source, including but not limited to any
substance or device which collects sunlight for use in:
(1) The heating or cooling of a structure or building;
(2) The heating or pumping of water;
(3) Industrial, commercial, or agricultural processes; or
(4) The generation of electricity.
35A.63.015
(2008 Ed.)
Planning and Zoning in Code Cities
A solar energy system may be used for purposes in addition to the collection of solar energy. These uses include, but
are not limited to, serving as a structural member or part of a
roof of a building or structure and serving as a window or
wall. [1979 ex.s. c 170 § 6.]
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
Local governments authorized to encourage and protect solar energy systems: RCW 64.04.140.
35A.63.020 Planning agency—Creation—Powers
and duties—Conflicts of interest. By ordinance a code city
may create a planning agency and provide for its membership, organization, and expenses. The planning agency shall
serve in an advisory capacity to the chief administrative
officer or the legislative body, or both, as may be provided by
ordinance and shall have such other powers and duties as
shall be provided by ordinance. If any person or persons on a
planning agency concludes that he has a conflict of interest or
an appearance of fairness problem with respect to a matter
pending before the agency so that he cannot discharge his
duties on such an agency, he shall disqualify himself from
participating in the deliberations and the decision-making
process with respect to the matter. If this occurs, the appointing authority that appoints such a person may appoint a person to serve as an alternate on the agency to serve in his stead
in regard to such a matter. [1979 ex.s. c 18 § 33; 1967 ex.s. c
119 § 35A.63.020.]
35A.63.020
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.63.030 Joint meetings and cooperative action.
Pursuant to the authorization of the legislative body, a code
city planning agency may hold joint meetings with one or
more city or county planning agencies (including city or
county planning agencies in adjoining states) in any combination and may contract with another municipality for planning services. A code city may enter into cooperative
arrangements with one or more municipalities and with any
regional planning council organized under this chapter for
jointly engaging a planning director and such other employees as may be required to operate a joint planning staff.
[1969 ex.s. c 81 § 5; 1967 ex.s. c 119 § 35A.63.030.]
35A.63.030
Effective date—1969 ex.s. c 81: See note following RCW 35A.13.035.
35A.63.040 Regional planning. A code city with one
or more municipalities within a region, otherwise authorized
by law to plan, including municipalities of adjoining states,
when empowered by ordinances of their respective legislative bodies, may cooperate to form, organize, and administer
a regional planning commission to prepare a comprehensive
plan and perform other planning functions for the region
defined by agreement of the respective municipalities. The
various agencies may cooperate in all phases of planning, and
professional staff may be engaged to assist in such planning.
All costs shall be shared on a pro rata basis as agreed among
the various entities. A code city may also cooperate with any
department or agency of a state government having planning
functions. [1969 ex.s. c 81 § 6; 1967 ex.s. c 119 §
35A.63.040.]
35A.63.040
Effective date—1969 ex.s. c 81: See note following RCW 35A.13.035.
(2008 Ed.)
35A.63.062
35A.63.050 Receipt and expenditure of funds. Any
code city or any regional planning commission that includes
a code city, when authorized by the legislative bodies of the
municipalities represented by the regional planning commission, may enter into an agreement with any department or
agency of the government of the United States or the state of
Washington, or its agencies or political subdivisions, or any
other public or private agency, to arrange for the receipt and
expenditure of funds for planning in the interest of furthering
the planning program. [1967 ex.s. c 119 § 35A.63.050.]
35A.63.050
35A.63.060 Comprehensive plan—General. Every
code city, by ordinance, shall direct the planning agency to
prepare a comprehensive plan for anticipating and influencing the orderly and coordinated development of land and
building uses of the code city and its environs. The comprehensive plan may be prepared as a whole or in successive
parts. The plan should integrate transportation and land use
planning. [2002 c 189 § 2; 1967 ex.s. c 119 § 35A.63.060.]
35A.63.060
35A.63.061 Comprehensive plan—Required elements. The comprehensive plan shall be in such form and of
such scope as the code city’s ordinance or charter may
require. It may consist of a map or maps, diagrams, charts,
reports and descriptive and explanatory text or other devices
and materials to express, explain, or depict the elements of
the plan; and it shall include a recommended plan, scheme, or
design for each of the following elements:
(1) A land-use element that designates the proposed general distribution, general location, and extent of the uses of
land. These uses may include, but are not limited to, agricultural, residential, commercial, industrial, recreational, educational, public, and other categories of public and private uses
of land. The land-use element shall also include estimates of
future population growth in, and statements of recommended
standards of population density and building intensity for, the
area covered by the comprehensive plan. The land use element shall also provide for protection of the quality and quantity of groundwater used for public water supplies and shall
review drainage, flooding, and storm water run-off in the area
and nearby jurisdictions and provide guidance for corrective
actions to mitigate or cleanse those discharges that pollute
Puget Sound or waters entering Puget Sound.
(2) A circulation element consisting of the general location, alignment, and extent of existing and proposed major
thoroughfares, major transportation routes, and major terminal facilities, all of which shall be correlated with the landuse element of the comprehensive plan. [1985 c 126 § 2;
1984 c 253 § 2; 1967 ex.s. c 119 § 35A.63.061.]
35A.63.061
35A.63.062 Comprehensive plan—Optional elements. The comprehensive plan may include also any or all
of the following optional elements:
(1) A conservation element for the conservation, development, and utilization of natural resources.
(2) An open space, park, and recreation element.
(3) A transportation element showing a comprehensive
system of surface, air, and water transportation routes and
facilities.
(4) A public-use element showing general locations,
designs, and arrangements of public buildings and uses.
35A.63.062
[Title 35A RCW—page 63]
35A.63.070
Title 35A RCW: Optional Municipal Code
(5) A public utilities element showing general plans for
public and franchised services and facilities.
(6) A redevelopment or renewal element showing plans
for the redevelopment or renewal of slum and blighted areas.
(7) An urban design element for general organization of
the physical parts of the urban landscape.
(8) Other elements dealing with subjects that, in the
opinion of the legislative body, relate to the development of
the municipality, or are essential or desirable to coordinate
public services and programs with such development.
(9) A solar energy element for encouragement and protection of access to direct sunlight for solar energy systems.
[1979 ex.s. c 170 § 7; 1967 ex.s. c 119 § 35A.63.062.]
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
35A.63.070 Comprehensive plan—Notice and hearing. After preparing the comprehensive plan, or successive
parts thereof, as the case may be, the planning agency shall
hold at least one public hearing on the comprehensive plan or
successive part. Notice of the time, place, and purpose of
such public hearing shall be given as provided by ordinance
and including at least one publication in a newspaper of general circulation delivered in the code city and in the official
gazette, if any, of the code city, at least ten days prior to the
date of the hearing. Continued hearings may be held at the
discretion of the planning agency but no additional notices
need be published. [1967 ex.s. c 119 § 35A.63.070.]
35A.63.070
35A.63.071 Comprehensive plan—Forwarding to
legislative body. Upon completion of the hearing or hearings on the comprehensive plan or successive parts thereof,
the planning agency, after making such changes as it deems
necessary following such hearing, shall transmit a copy of its
recommendations for the comprehensive plan, or successive
parts thereof, to the legislative body through the chief administrative officer, who shall acknowledge receipt thereof and
direct the clerk to certify thereon the date of receipt. [1967
ex.s. c 119 § 35A.63.071.]
35A.63.071
35A.63.072 Comprehensive plan—Approval by legislative body. Within sixty days from its receipt of the recommendation for the comprehensive plan, as above set forth,
the legislative body at a public meeting shall consider the
same. The legislative body within such period as it may by
ordinance provide, shall vote to approve or disapprove or to
modify and approve, as modified, the comprehensive plan or
to refer it back to the planning agency for further proceedings, in which case the legislative body shall specify the time
within which the planning agency shall report back to the legislative body its findings and recommendations on the matters referred to it. The final form and content of the comprehensive plan shall be determined by the legislative body. An
affirmative vote of not less than a majority of total members
of the legislative body shall be required for adoption of a resolution to approve the plan or its parts. The comprehensive
plan, or its successive parts, as approved by the legislative
body, shall be filed with an appropriate official of the code
city and shall be available for public inspection. [1967 ex.s.
c 119 § 35A.63.072.]
35A.63.072
[Title 35A RCW—page 64]
35A.63.073 Comprehensive plan—Amendments and
modifications. All amendments, modifications, or alterations in the comprehensive plan or any part thereof shall be
processed in the same manner as set forth in RCW
35A.63.070 through 35A.63.072. [1967 ex.s. c 119 §
35A.63.073.]
35A.63.073
35A.63.080 Comprehensive plan—Effect. From the
date of approval by the legislative body the comprehensive
plan, its parts and modifications thereof, shall serve as a basic
source of reference for future legislative and administrative
action: PROVIDED, That the comprehensive plan shall not
be construed as a regulation of property rights or land uses:
PROVIDED, FURTHER, That no procedural irregularity or
informality in the consideration, hearing, and development of
the comprehensive plan or a part thereof, or any of its elements, shall affect the validity of any zoning ordinance or
amendment thereto enacted by the code city after the
approval of the comprehensive plan.
The comprehensive plan shall be consulted as a preliminary to the establishment, improvement, abandonment, or
vacation of any street, park, public way, public building, or
public structure, and no dedication of any street or other area
for public use shall be accepted by the legislative body until
the location, character, extent, and effect thereof shall have
been considered by the planning agency with reference to the
comprehensive plan. The legislative body shall specify the
time within which the planning agency shall report and make
a recommendation with respect thereto. Recommendations of
the planning agency shall be advisory only. [1967 ex.s. c 119
§ 35A.63.080.]
35A.63.080
35A.63.100 Municipal authority. After approval of
the comprehensive plan, as set forth above, the legislative
body, in developing the municipality and in regulating the
use of land, may implement or give effect to the comprehensive plan or parts thereof by ordinance or other action to such
extent as the legislative body deems necessary or appropriate.
Such ordinances or other action may provide for:
(1) Adoption of an official map and regulations relating
thereto designating locations and requirements for one or
more of the following: Streets, parks, public buildings, and
other public facilities, and protecting such sites against
encroachment by buildings and other physical structures.
(2) Dividing the municipality, or portions thereof, into
appropriate zones within which specific standards, requirements, and conditions may be provided for regulating the use
of public and private land, buildings, and structures, and the
location, height, bulk, number of stories, and size of buildings and structures, size of yards, courts, open spaces, density
of population, ratio of land area to the area of buildings and
structures, setbacks, area required for off-street parking, protection of access to direct sunlight for solar energy systems,
and such other standards, requirements, regulations, and procedures as are appropriately related thereto. The ordinance
encompassing the matters of this subsection is hereinafter
called the "zoning ordinance". No zoning ordinance, or
amendment thereto, shall be enacted by the legislative body
without at least one public hearing, notice of which shall be
given as set forth in RCW 35A.63.070. Such hearing may be
35A.63.100
(2008 Ed.)
Planning and Zoning in Code Cities
held before the planning agency or the board of adjustment or
such other body as the legislative body shall designate.
(3) Adoption of design standards, requirements, regulations, and procedures for the subdivision of land into two or
more parcels, including, but not limited to, the approval of
plats, dedications, acquisitions, improvements, and reservation of sites for public use.
(4) Scheduling public improvements on the basis of recommended priorities over a period of years, subject to periodic review.
(5) Such other matters as may be otherwise authorized
by law or as the legislative body deems necessary or appropriate to effectuate the goals and objectives of the comprehensive plan or parts thereof and the purposes of this chapter.
[1979 ex.s. c 170 § 8; 1967 ex.s. c 119 § 35A.63.100.]
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
35A.63.105 Development regulations—Consistency
with comprehensive plan. Beginning July 1, 1992, the
development regulations of each code city that does not plan
under RCW 36.70A.040 shall not be inconsistent with the
city’s comprehensive plan. For the purposes of this section,
"development regulations" has the same meaning as set forth
in RCW 36.70A.030. [1990 1st ex.s. c 17 § 23.]
35A.63.105
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
35A.63.110 Board of adjustment—Creation—Powers and duties. A code city which pursuant to this chapter
creates a planning agency and which has twenty-five hundred
or more inhabitants, by ordinance, shall create a board of
adjustment and provide for its membership, terms of office,
organization, jurisdiction. A code city which pursuant to this
chapter creates a planning agency and which has a population
of less than twenty-five hundred may, by ordinance, similarly
create a board of adjustment. In the event a code city with a
population of less than twenty-five hundred creates a planning agency, but does not create a board of adjustment, the
code city shall provide that the city legislative authority shall
itself hear and decide the items listed in subdivisions (1), (2),
and (3) of this section. The action of the board of adjustment
shall be final and conclusive, unless, within twenty-one days
from the date of the action, the original applicant or an
adverse party makes application to the superior court for the
county in which that city is located for a writ of certiorari, a
writ of prohibition, or a writ of mandamus. No member of the
board of adjustment shall be a member of the planning
agency or the legislative body. Subject to conditions, safeguards, and procedures provided by ordinance, the board of
adjustment may be empowered to hear and decide:
(1) Appeals from orders, recommendations, permits,
decisions, or determinations made by a code city official in
the administration or enforcement of the provisions of this
chapter or any ordinances adopted pursuant to it.
(2) Applications for variances from the terms of the zoning ordinance, the official map ordinance or other land-use
regulatory ordinances under procedures and conditions prescribed by city ordinance, which among other things shall
provide that no application for a variance shall be granted
unless the board of adjustment finds:
35A.63.110
(2008 Ed.)
35A.63.145
(a) the variance shall not constitute a grant of special
privilege inconsistent with the limitation upon uses of other
properties in the vicinity and zone in which the property on
behalf of which the application was filed is located; and
(b) that such variance is necessary, because of special
circumstances relating to the size, shape, topography, location, or surroundings of the subject property, to provide it
with use rights and privileges permitted to other properties in
the vicinity and in the zone in which the subject property is
located; and
(c) that the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the
subject property is situated.
(3) Applications for conditional-use permits, unless such
applications are to be heard and decided by the planning
agency. A conditional use means a use listed among those
classified in any given zone but permitted to locate only after
review as herein provided in accordance with standards and
criteria set forth in the zoning ordinance.
(4) Such other quasi judicial and administrative determinations as may be delegated by ordinance.
In deciding any of the matters referred to in subsections
(1), (2), (3), and (4) of this section, the board of adjustment
shall issue a written report giving the reasons for its decision.
If a code city provides for a hearing examiner and vests in
him the authority to hear and decide the items listed in subdivisions (1), (2), and (3) of this section pursuant to RCW
35A.63.170, then the provisions of this section shall not
apply to such a city. [2001 c 200 § 1; 1979 ex.s. c 18 § 34;
1967 ex.s. c 119 § 35A.63.110.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.63.120 Administration and enforcement. In
order to carry into effect the purposes of this chapter, administrative and enforcement responsibilities, other than those
set forth in RCW 35A.63.110, may be assigned by ordinance
to such departments, boards, officials, employees, or agents
as the legislative body deems appropriate. [1967 ex.s. c 119
§ 35A.63.120.]
35A.63.120
35A.63.130 Provisions inconsistent with charters.
Insofar as the provisions of an existing charter of a municipality are inconsistent with this chapter, a municipality may
exercise the authority, or any part thereof, granted by this
chapter notwithstanding the inconsistent provision of an
existing charter. [1967 ex.s. c 119 § 35A.63.130.]
35A.63.130
35A.63.140 Duties and responsibilities imposed by
other acts. Any duties and responsibilities which by other
statutes are imposed upon a planning commission may, in a
code city, be performed by a planning agency, as provided in
this chapter. [1967 ex.s. c 119 § 35A.63.140.]
35A.63.140
35A.63.145 Prohibitions on manufactured homes—
Review required—"Designated manufactured home"
defined. (1) Each comprehensive plan which does not allow
for the siting of manufactured homes on individual lots shall
be subject to a review by the city of the need and demand for
35A.63.145
[Title 35A RCW—page 65]
35A.63.146
Title 35A RCW: Optional Municipal Code
such homes. The review shall be completed by December 31,
1990.
(2) For the purpose of providing an optional reference
for cities which choose to allow manufactured homes on individual lots, a "designated manufactured home" is a manufactured home constructed after June 15, 1976, in accordance
with state and federal requirements for manufactured homes,
which:
(a) Is comprised of at least two fully enclosed parallel
sections each of not less than twelve feet wide by thirty-six
feet long;
(b) Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar
roof of not less than 3:12 pitch; and
(c) Has exterior siding similar in appearance to siding
materials commonly used on conventional site-built uniform
building code single-family residences.
(3) Nothing in this section precludes cities from allowing
any manufactured home from being sited on individual lots
through local standards which differ from the designated
manufactured home as described in this section, except that
the term "designated manufactured home" shall not be used
except as defined in subsection (2) of this section. [1988 c
239 § 2.]
35A.63.146 Manufactured housing communities—
Elimination of existing community by code city prohibited. After June 10, 2004, a code city may designate a manufactured housing community as a nonconforming use, but
may not order the removal or phased elimination of an existing manufactured housing community because of its status as
a nonconforming use. [2004 c 210 § 2.]
35A.63.146
35A.63.149 Residential care facilities—Review of
need and demand—Adoption of ordinances. Each municipality that does not provide for the siting of residential care
facilities in zones or areas that are designated for single family or other residential uses, shall conduct a review of the
need and demand for the facilities, including the cost of any
conditional or special use permit that may be required. The
review shall be completed by August 31, 1990. A copy of the
findings, conclusions, and recommendations resulting from
the review shall be sent to the *department of community
development by September 30, 1990.
On or before June 30, 1991, each municipality that plans
and zones under this chapter shall have adopted an ordinance
or ordinances that are necessary to implement the findings of
this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not
adopted. [1989 c 427 § 37.]
35A.63.149
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic development were transferred to the department of community, trade, and economic
development by 1993 c 280, effective July 1, 1994.
Severability—1989 c 427: See RCW 74.39.900.
35A.63.150 Public hearings. The legislative body may
provide by ordinance for such additional public hearings and
notice thereof as it deems to be appropriate in connection
35A.63.150
[Title 35A RCW—page 66]
with any action contemplated under this chapter. [1967 ex.s.
c 119 § 35A.63.150.]
35A.63.152 Public notice—Identification of affected
property. Any notice made under chapter 35A.63 RCW that
identifies affected property may identify this affected property without using a legal description of the property including, but not limited to, identification by an address, written
description, vicinity sketch, or other reasonable means.
[1988 c 168 § 10.]
35A.63.152
35A.63.160 Construction—1967 ex.s. c 119. This title
is intended to implement and preserve to code cities all powers authorized by Article XI, section 11 of the Constitution of
the state of Washington and the provision of this title shall
not limit any code city from exercising its constitutionally
granted power to plan for and to make and enforce within its
limits all such local police, sanitary, and other regulations in
the manner that its charter or ordinances may provide. [1967
ex.s. c 119 § 35A.63.160.]
35A.63.160
35A.63.170 Hearing examiner system—Adoption
authorized—Alternative—Functions—Procedures. (1)
As an alternative to those provisions of this chapter relating
to powers or duties of the planning commission to hear and
report on any proposal to amend a zoning ordinance, the legislative body of a city may adopt a hearing examiner system
under which a hearing examiner or hearing examiners may
hear and decide applications for amending the zoning ordinance when the amendment which is applied for is not of
general applicability. In addition, the legislative body may
vest in a hearing examiner the power to hear and decide those
issues it believes should be reviewed and decided by a hearing examiner, including but not limited to:
(a) Applications for conditional uses, variances, subdivisions, shoreline permits, or any other class of applications for
or pertaining to development of land or land use;
(b) Appeals of administrative decisions or determinations; and
(c) Appeals of administrative decisions or determinations pursuant to chapter 43.21C RCW.
The legislative body shall prescribe procedures to be followed by a hearing examiner. If the legislative authority vests
in a hearing examiner the authority to hear and decide variances, then the provisions of RCW 35A.63.110 shall not
apply to the city.
(2) Each city legislative body electing to use a hearing
examiner pursuant to this section shall by ordinance specify
the legal effect of the decisions made by the examiner. The
legal effect of such decisions may vary for the different
classes of applications decided by the examiner but shall
include one of the following:
(a) The decision may be given the effect of a recommendation to the legislative body;
(b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the
legislative body; or
(c) Except in the case of a rezone, the decision may be
given the effect of a final decision of the legislative body.
35A.63.170
(2008 Ed.)
Planning and Zoning in Code Cities
(3) Each final decision of a hearing examiner shall be in
writing and shall include findings and conclusions, based on
the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision
would carry out and conform to the city’s comprehensive
plan and the city’s development regulations. Each final decision of a hearing examiner, unless a longer period is mutually
agreed to in writing by the applicant and the hearing examiner, shall be rendered within ten working days following
conclusion of all testimony and hearings. [1995 c 347 § 424;
1994 c 257 § 7; 1977 ex.s. c 213 § 2.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Severability—1994 c 257: See note following RCW 36.70A.270.
Severability—1977 ex.s. c 213: See note following RCW 35.63.130.
35A.63.200 Conformance with chapter 43.97 RCW
required. With respect to the National Scenic Area, as
defined in the Columbia River Gorge National Scenic Area
Act, P.L. 99-663, the exercise of any power or authority by a
city pursuant to this chapter shall be subject to and in conformity with the requirements of chapter 43.97 RCW, including
the Interstate Compact adopted by RCW 43.97.015, and with
the management plan regulations and ordinances adopted by
the Columbia River Gorge commission pursuant to the Compact. [1987 c 499 § 7.]
35A.63.200
35A.63.210 Child care facilities—Review of need and
demand—Adoption of ordinances. Each municipality that
does not provide for the siting of family day care homes in
zones or areas that are designated for single family or other
residential uses, and for the siting of mini-day care centers
and day care centers in zones or areas that are designated for
any residential or commercial uses, shall conduct a review of
the need and demand for child care facilities, including the
cost of any conditional or special use permit that may be
required. The review shall be completed by August 31, 1990.
A copy of the findings, conclusions, and recommendations
resulting from the review shall be sent to the *department of
community development by September 30, 1990.
On or before June 30, 1991, each municipality that plans
and zones under this chapter shall have adopted an ordinance
or ordinances that are necessary to implement the findings of
this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not
adopted. [1989 c 335 § 5.]
35A.63.210
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic development were transferred to the department of community, trade, and economic
development by 1993 c 280, effective July 1, 1994.
Findings—Purpose—Severability—1989 c 335: See notes following
RCW 35.63.170.
35A.63.240
its the use of a residential dwelling, located in an area zoned
for residential or commercial use, as a family day-care provider’s home facility.
(2) A city may require that the facility: (a) Comply with
all building, fire, safety, health code, and business licensing
requirements; (b) conform to lot size, building size, setbacks,
and lot coverage standards applicable to the zoning district
except if the structure is a legal nonconforming structure; (c)
is certified by the department of early learning licensor as
providing a safe passenger loading area; (d) include signage,
if any, that conforms to applicable regulations; and (e) limit
hours of operations to facilitate neighborhood compatibility,
while also providing appropriate opportunity for persons who
use family day-care and who work a nonstandard work shift.
(3) A city may also require that the family day-care provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property
owners have been informed of the intent to locate and maintain such a facility. If a dispute arises between neighbors and
the family day-care provider over licensing requirements, the
licensor may provide a forum to resolve the dispute.
(4) Nothing in this section shall be construed to prohibit
a city from imposing zoning conditions on the establishment
and maintenance of a family day-care provider’s home in an
area zoned for residential or commercial use, so long as such
conditions are no more restrictive than conditions imposed on
other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this
section, "family day-care provider" is as defined in RCW
43.215.010. [2007 c 17 § 11; 2003 c 286 § 4; 1995 c 49 § 2;
1994 c 273 § 16.]
35A.63.220 Moratoria, interim zoning controls—
Public hearing—Limitation on length. A legislative body
that adopts a moratorium or interim zoning ordinance, without holding a public hearing on the proposed moratorium or
interim zoning ordinance, shall hold a public hearing on the
adopted moratorium or interim zoning ordinance within at
least sixty days of its adoption, whether or not the legislative
body received a recommendation on the matter from the
planning agency. If the legislative body does not adopt findings of fact justifying its action before this hearing, then the
legislative body shall do so immediately after this public
hearing. A moratorium or interim zoning ordinance adopted
under this section may be effective for not longer than six
months, but may be effective for up to one year if a work plan
is developed for related studies providing for such a longer
period. A moratorium of [or] interim zoning ordinance may
be renewed for one or more six-month periods if a subsequent
public hearing is held and findings of fact are made prior to
each renewal. [1992 c 207 § 3.]
35A.63.220
35A.63.230 Accessory apartments. Any local government, as defined in RCW 43.63A.215, that is planning under
this chapter shall comply with RCW 43.63A.215(3). [1993 c
478 § 9.]
35A.63.230
Definitions for RCW 35A.63.210: See RCW 35.63.170.
35A.63.215 Family day-care provider’s home facility—City may not prohibit in residential or commercial
area—Conditions. (1) Except as provided in subsections (2)
and (3) of this section, no city may enact, enforce, or maintain
an ordinance, development regulation, zoning regulation, or
official control, policy, or administrative practice that prohib35A.63.215
(2008 Ed.)
35A.63.240 Treatment of residential structures occupied by persons with handicaps. No city may enact or
maintain an ordinance, development regulation, zoning regu35A.63.240
[Title 35A RCW—page 67]
35A.63.250
Title 35A RCW: Optional Municipal Code
lation or official control, policy, or administrative practice
which treats a residential structure occupied by persons with
handicaps differently than a similar residential structure
occupied by a family or other unrelated individuals. As used
in this section, "handicaps" are as defined in the federal fair
housing amendments act of 1988 (42 U.S.C. Sec. 3602).
[1993 c 478 § 21.]
35A.63.250 Watershed restoration projects—Permit
processing—Fish habitat enhancement project. A permit
required under this chapter for a watershed restoration project
as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510. A fish habitat
enhancement project meeting the criteria of *RCW
77.55.290(1) shall be reviewed and approved according to
the provisions of *RCW 77.55.290. [2003 c 39 § 17; 1998 c
249 § 6; 1995 c 378 § 9.]
35A.63.250
*Reviser’s note: RCW 77.55.290 was recodified as RCW 77.55.181
pursuant to 2005 c 146 § 1001.
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.181.
35A.63.260 Planning regulations—Copies provided
to county assessor. By July 31, 1997, a code city planning
under RCW 36.70A.040 shall provide to the county assessor
a copy of the code city’s comprehensive plan and development regulations in effect on July 1st of that year and shall
thereafter provide any amendments to the plan and regulations that were adopted before July 31st of each following
year. [1996 c 254 § 4.]
35A.64.020 Purchase of products made by blind. A
code city may exercise the powers relating to the acquisition
of products made by the blind as authorized by RCW
19.06.020. [1967 ex.s. c 119 § 35A.64.020.]
35A.64.020
35A.64.180 Disinfection of property. Every code city
shall disinfect or destroy all infected trees or shrubs growing
upon public property within the city’s jurisdiction and may
expend city funds in carrying out the provisions of this section, and shall otherwise be governed by the provisions of
chapter 15.08 RCW relating to horticultural pests and diseases. [1967 ex.s. c 119 § 35A.64.180.]
35A.64.180
35A.64.200 Eminent domain by cities. A code city
may exercise all powers relating to eminent domain as authorized by chapters 8.12 and 8.28 RCW in accordance with the
procedures therein prescribed and subject to any limitations
therein provided. [1967 ex.s. c 119 § 35A.64.200.]
35A.64.200
Chapter 35A.65
Chapter 35A.65 RCW
PUBLICATION AND PRINTING
35A.63.260
35A.63.270 General aviation airports. Adoption and
amendment of comprehensive plan provisions and development regulations under this chapter affecting a general aviation airport are subject to RCW 36.70.547. [1996 c 239 § 4.]
35A.63.270
35A.63.280 Conditional and special use permit applications by parties licensed or certified by the department
of social and health services or the department of corrections—Mediation prior to appeal required. A final decision by a hearing examiner involving a conditional or special
use permit application under this chapter that is requested by
a party that is licensed or certified by the department of social
and health services or the department of corrections is subject
to mediation under RCW 35.63.260 before an appeal may be
filed. [1998 c 119 § 2.]
35A.63.280
Chapter 35A.64 RCW
PUBLIC PROPERTY, REAL AND PERSONAL
Chapter 35A.64
Sections
35A.64.010
35A.64.020
35A.64.180
35A.64.200
Sections
35A.65.010 Public printing.
35A.65.020 Publication of legal notice.
35A.65.010 Public printing. All printing, binding and
stationery work done for any code city shall be done within
the state and all proposals, requests and invitations to submit
bids, prices or contracts thereon and all contracts for such
work shall so stipulate subject to the limitations contained in
RCW 43.78.130 and 35.23.352. [1967 ex.s. c 119 §
35A.65.010.]
35A.65.010
35A.65.020 Publication of legal notice. The publication of a legal notice required by general law or by a code city
ordinance shall be in a newspaper of general circulation
within the city having the qualifications prescribed by chapter 65.16 RCW and shall be governed by the provisions
thereof as the same relate to a city of any class. [1967 ex.s. c
119 § 35A.65.020.]
35A.65.020
Chapter 35A.66
Chapter 35A.66 RCW
HEALTH AND SAFETY—ALCOHOL
Sections
35A.66.010 Alcoholism—Standards for institutions.
35A.66.020 Liquors, local option on sale of—Enforcement of state laws,
sharing proceeds of liquor profits and excise tax.
35A.66.010 Alcoholism—Standards for institutions.
In addition to regulating the use of alcoholic beverages, a
code city may exercise the powers relating to prescribing
standards for institutions for treating alcoholism as authorized by RCW 71.12.550. [1967 ex.s. c 119 § 35A.66.010.]
35A.66.010
Acquisition of by conditional sales contracts.
Purchase of products made by blind.
Disinfection of property.
Eminent domain by cities.
35A.64.010 Acquisition of by conditional sales contracts. A code city may exercise the powers relating to
acquisition of real or personal property under executory conditional sales contracts as authorized by RCW 39.30.010.
[1967 ex.s. c 119 § 35A.64.010.]
35A.64.010
[Title 35A RCW—page 68]
35A.66.020 Liquors, local option on sale of—
Enforcement of state laws, sharing proceeds of liquor
profits and excise tax. The qualified electors of any code
city may petition for an election upon the question of whether
35A.66.020
(2008 Ed.)
Health and Safety
the sale of liquor shall be permitted within the boundaries of
such city as provided by chapter 66.40 RCW, and shall be
governed by the procedure therein, and may regulate music,
dancing and entertainment as authorized by RCW 66.28.080:
PROVIDED, That every code city shall enforce state laws
relating to the investigation and prosecution of all violations
of Title 66 RCW relating to control of alcoholic beverages
and shall be entitled to retain the fines collected therefrom as
therein provided. Every code city shall also share in the allocation and distribution of liquor profits and excise as provided in RCW 82.08.170, 66.08.190, and 66.08.210, and
make reports of seizure as required by RCW 66.32.090, and
otherwise regulate by ordinances not in conflict with state
law or liquor board regulations. [1967 ex.s. c 119 §
35A.66.020.]
State liquor control board: Chapter 66.08 RCW.
35A.70.040
chapter 68.52 RCW, RCW 35.22.280, 35.23.440, *35.24.300
and 35.27.370(2) in accordance with the procedures and
requirements prescribed by said laws and authority to be
included within a cemetery district as authorized and conformed to the requirements of Title 68 RCW. [1987 c 331 §
80; 1967 ex.s. c 119 § 35A.68.010.]
*Reviser’s note: RCW 35.24.300 was recodified as RCW 35.23.452
pursuant to 1994 c 81 § 90.
Effective date—1987 c 331: See RCW 68.05.900.
Chapter 35A.69
Chapter 35A.69 RCW
FOOD AND DRUG
Sections
35A.69.010 Powers and duties prescribed.
35A.69.010 Powers and duties prescribed. Every
code city shall have the powers, perform the functions and
duties and enforce the regulations prescribed by general laws
relating to food and drugs for any class of city as provided by
Title 69 RCW; relating to water pollution control as provided
by chapter 90.48 RCW; and relating to food fish and shellfish
as provided by Title 77 RCW. [2003 c 39 § 18; 1999 c 291 §
31; 1994 c 143 § 512. Prior: 1983 1st ex.s. c 46 § 177; 1983
c 3 § 71; 1967 ex.s. c 119 § 35A.69.010.]
35A.69.010
Chapter 35A.67
Chapter 35A.67 RCW
RECREATION AND PARKS
Sections
35A.67.010 Parks, beaches and camps.
35A.67.010 Parks, beaches and camps. In addition to
exercising all powers relating to the acquisition of land, the
improvement and operation thereof, or cooperation with
other taxing districts in connection with park or recreation
facilities, any code city may exercise the powers relating to
acquisition and operation of recreational facilities, establishment and operation of public camps, and contracting with
other taxing or governmental agencies for the acquisition or
operation of public parks, camps and recreational facilities as
authorized by chapter 67.20 RCW, in accordance with the
procedures prescribed in and authorized by *RCW 79.08.080
and 79.08.090 in the application for use of state-owned tide
or shorelands for a municipal park or playground purposes.
[1967 ex.s. c 119 § 35A.67.010.]
35A.67.010
*Reviser’s note: RCW 79.08.080 and 79.08.090 were recodified as
RCW 79.94.175 and 79.94.181 pursuant to 2003 c 334 § 570. RCW
79.94.175 and 79.94.181 were subsequently recodified as RCW 79.125.710
and 79.125.720 pursuant to 2005 c 155 § 1008.
Acquisition of interests in land for conservation, protection, preservation, or
open space purposes by cities: RCW 64.04.130.
Chapter 35A.68
Chapter 35A.68 RCW
CEMETERIES AND MORGUES
Sections
35A.68.010 Acquisition—Care and investment of funds.
35A.68.010 Acquisition—Care and investment of
funds. A code city may exercise the powers to acquire, own,
improve, manage, operate and regulate real and personal
property for the operation of the city morgue, cemetery or
other place for the burial of the dead, to create cemetery
boards or commissions, to establish and manage funds for
cemetery improvement and care and to make all necessary or
desirable rules and regulations concerning the control and
management of burial places and the investment of funds
relating thereto and accounting therefor as is authorized by
35A.68.010
(2008 Ed.)
Chapter 35A.70
Chapter 35A.70 RCW
HEALTH AND SAFETY
Sections
35A.70.010
35A.70.020
35A.70.040
35A.70.050
35A.70.060
35A.70.070
Waters within city—City’s water supply.
Regulating boarding homes.
Buildings, construction standards.
City electrical code—State safety regulations.
Elevators, moving walks.
Public health and safety, general laws applicable.
35A.70.010 Waters within city—City’s water supply.
Every code city shall have authority to protect waters within
the city or comprising part of the city’s water supply pursuant
to the authority provided therefor by RCW 9.66.050,
54.16.050, 69.30.130, *57.08.010, 8.12.030, 70.54.010 and
70.54.030. [1996 c 230 § 1606; 1967 ex.s. c 119 §
35A.70.010.]
35A.70.010
*Reviser’s note: RCW 57.08.010 was repealed by 1996 c 230 § 1703,
effective July 1, 1997. For later enactment, see RCW 57.08.005.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
35A.70.020 Regulating boarding homes. A code city
may exercise the powers relating to enforcement of regulations for boarding homes as authorized by *RCW 18.20.100,
in accordance with the procedures therein prescribed and
subject to any limitations therein provided. [1967 ex.s. c 119
§ 35A.70.020.]
35A.70.020
*Reviser’s note: RCW 18.20.100 was repealed by 2000 c 47 § 10,
effective July 1, 2000.
35A.70.040 Buildings, construction standards. In
addition to other provisions of the law granting authority and
imposing duties, a code city may exercise the powers relating
35A.70.040
[Title 35A RCW—page 69]
35A.70.050
Title 35A RCW: Optional Municipal Code
to providing standards for the construction of buildings as
provided in chapter 70.86 RCW and shall report the issuance
of building permits for new construction as required by
*RCW 36.21.040 through 36.21.060. [1967 ex.s. c 119 §
35A.70.040.]
*Reviser’s note: RCW 36.21.040 through 36.21.060 were repealed by
1989 c 246 § 8.
35A.70.050 City electrical code—State safety regulations. Every code city may adopt ordinances regulating or
otherwise controlling the installation of electrical wiring,
equipment, apparatus or appliances as authorized by *RCW
19.28.360 and by other general law and shall obey, observe
and comply with every order, approval, direction or requirement made by the director or the commission under authority
of chapter 19.29 RCW. [1967 ex.s. c 119 § 35A.70.050.]
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
Severability—Effective date—1981 1st ex.s. c 2: See notes following
RCW 18.51.010.
Chapter 35A.74
Chapter 35A.74 RCW
WELFARE
35A.70.050
*Reviser’s note: RCW 19.28.360 was recodified as RCW 19.28.141
pursuant to 2000 c 238 § 102.
35A.70.060 Elevators, moving walks. All conveyances owned or operated by code cities as defined by the provisions of chapter 70.87 RCW, shall be subject to the provisions of that chapter to the extent specifically provided for
therein. [1967 ex.s. c 119 § 35A.70.060.]
Sections
35A.74.010 General law applicable.
35A.74.010
35A.74.010 General law applicable. Code cities may
exercise authority granted by general law and available to any
class of city for the relief of the poor and destitute, including,
but not limited to the provisions of *RCW 74.04.390 through
74.04.470. [1967 ex.s. c 119 § 35A.74.010.]
*Reviser’s note: RCW 74.04.390 through 74.04.470 were repealed by
1991 c 126 § 11.
35A.70.060
35A.70.070 Public health and safety, general laws
applicable. Every code city may exercise the powers authorized and shall perform the duties imposed upon cities of like
population relating to the public health and safety as provided
by Title 70 RCW and, without limiting the generality of the
foregoing, shall: (1) Organize boards of health and appoint a
health officer with the authority, duties and functions as provided in chapter 70.05 RCW, or provide for combined citycounty health departments as provided and in accordance
with the provisions of chapter 70.08 RCW; (2) contribute and
participate in public health pooling funds as authorized by
chapter 70.12 RCW; (3) control and provide for treatment of
*venereal diseases as authorized by chapter 70.24 RCW; (4)
provide for the care and control of tuberculosis as provided in
chapters 70.28, 70.30, **70.32, and 70.54 RCW; (5) participate in health districts as authorized by chapter 70.46 RCW;
(6) exercise control over water pollution as provided in chapter 35.88 RCW; (7) for all code cities having a population of
more than twenty thousand serve as a primary district for registration of vital statistics in accordance with the provisions
of chapter 70.58 RCW; (8) observe and enforce the provisions relating to fireworks as provided in chapter 70.77
RCW; (9) enforce the provisions relating to swimming pools
provided in chapter 70.90 RCW; (10) enforce the provisions
of chapter 18.20 RCW when applicable; (11) perform the
functions relating to mentally ill prescribed in chapters 72.06
and 71.12 RCW; (12) cooperate with the state department of
social and health services in mosquito control as authorized
by RCW 70.22.060; and (13) inspect nursing homes as authorized by RCW 18.51.145. [1987 c 223 § 4; 1985 c 213 § 12;
1981 1st ex.s. c 2 § 25; 1979 c 141 § 42; 1967 ex.s. c 119 §
35A.70.070.]
35A.70.070
Reviser’s note: *(1) The term "venereal diseases" was changed to "sexually transmitted diseases" by 1988 c 206.
**(2) Chapter 70.32 RCW was repealed and/or recodified in its
entirety pursuant to 1999 c 172.
[Title 35A RCW—page 70]
Chapter 35A.79
Chapter 35A.79 RCW
PROPERTY AND MATERIALS
Sections
35A.79.010 Powers to acquire, use and manage.
35A.79.020 Authority to transfer real property.
35A.79.010
35A.79.010 Powers to acquire, use and manage. A
code city shall have all powers provided by general law to cities of any class relating to the receipt of donations of money
and property, the acquisition, leasing and disposition of
municipal property, both real and personal, including, but not
limited to, the following: (1) Intergovernmental leasing,
transfer or disposition of property as provided by chapter
39.33 RCW; (2) disposition of unclaimed property as provided by chapters 63.32 and 63.21 RCW; (3) disposition of
local improvement district foreclosures as provided by chapter 35.53 RCW; (4) materials removed from public lands as
provided by *RCW 79.90.150; (5) purchase of federal surplus property as provided by chapter 39.32 RCW; and (6)
land for recreation as provided by **chapter 43.99 RCW. A
code city in connection with the acquisition of property shall
be subject to provisions relating to tax liens as provided by
RCW 84.60.050 and 84.60.070. The general law relating to
the damage or destruction of public property of a code city or
interferences with the duties of a police or other officer shall
relate to code city’s properties and officers to the same extent
as such laws apply to any class of city, its property or officers.
[1983 c 3 § 72; 1979 ex.s. c 30 § 3; 1967 ex.s. c 119 §
35A.79.010.]
Reviser’s note: *(1) RCW 79.90.150 was recodified as RCW
79.140.110 pursuant to 2005 c 155 § 1011.
**(2) Chapter 43.99 RCW was recodified as chapter 79A.25 RCW pursuant to 1999 c 249 § 1601.
35A.79.020
35A.79.020 Authority to transfer real property.
Code cities are authorized to transfer real property pursuant
to RCW 43.99C.070 and 43.83D.120. [2006 c 35 § 11.]
Findings—2006 c 35: See note following RCW 43.99C.070.
(2008 Ed.)
Taxation—Excises
Chapter 35A.80
Chapter 35A.80 RCW
PUBLIC UTILITIES
Sections
35A.80.010 General laws applicable.
35A.80.020 Electric energy.
35A.80.030 Hydroelectric resources—Separate legal authority—Creation
by irrigation districts and cities, towns, or public utility districts.
35A.80.040 Code cities encouraged to provide utility customers with landscaping information and to request voluntary donations for
urban forestry.
35A.80.050 Purchase of electric power and energy from joint operating
agency.
35A.80.010 General laws applicable. A code city may
provide utility service within and without its limits and exercise all powers to the extent authorized by general law for any
class of city or town. The cost of such improvements may be
financed by procedures provided for financing local improvement districts in chapters 35.43 through 35.54 RCW and by
revenue and refunding bonds as authorized by chapters
35.41, 35.67 and 35.89 RCW and Title 85 RCW. A code city
may protect and operate utility services as authorized by
chapters 35.88, 35.91, 35.92, and 35.94 RCW and may
acquire and damage property in connection therewith as provided by chapter 8.12 RCW and shall be governed by the regulations of the department of ecology as provided in RCW
90.48.110. [1988 c 127 § 2; 1967 ex.s. c 119 § 35A.80.010.]
35A.80.010
35A.80.020 Electric energy. Any code city is authorized to enter into contracts or compacts with any commission or any operating agency or publicly or privately owned
utility for the purchase and sale of electric energy or falling
waters as provided in RCW 43.52.410 and chapter 35.84
RCW and to exercise any other authority granted to cities as
provided in chapter 43.52 RCW. [1967 ex.s. c 119 §
35A.80.020.]
35A.80.020
Chapter 35A.82
(ii) Complete projects consistent with the model evergreen community management plans and ordinances developed under RCW 35.105.050.
(c) Donations received under this section do not contribute to the gross income of a light and power business or gas
distribution business under chapter 82.16 RCW. [2008 c 299
§ 20; 1993 c 204 § 3.]
Short title—2008 c 299: See note following RCW 35.105.010.
Findings—1993 c 204: See note following RCW 35.92.390.
35A.80.050 Purchase of electric power and energy
from joint operating agency. A code city may contract to
purchase from a joint operating agency electric power and
energy required for its present or future requirements. For
projects the output of which is limited to qualified alternative
energy resources as defined by RCW 19.29A.090(3), the contract may include the purchase of capability of the projects to
produce electricity in addition to the actual output of the
projects. The contract may provide that the code city must
make the payments required by the contract whether or not a
project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction,
or curtailment of the output of a project or the power and
energy contracted for. The contract may also provide that
payments under the contract are not subject to reduction,
whether by offset or otherwise, and shall not be conditioned
upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the
contract or other instrument. [2003 c 138 § 7.]
35A.80.050
Chapter 35A.81
Chapter 35A.81 RCW
PUBLIC TRANSPORTATION
Sections
35A.81.010 Application of general law.
35A.81.010 Application of general law. Motor vehicles owned and operated by any code city shall be exempt
from the provisions of chapter 81.80 RCW, except where
specifically otherwise provided. Urban passenger transportation systems shall receive a refund of the amount of the motor
vehicle fuel tax paid on each gallon of motor vehicle fuel
used in such systems to the extent authorized by chapter
82.36 RCW. Notwithstanding any provision of the law to the
contrary, every urban passenger transportation system as
defined in RCW 82.38.080 shall be exempt from the provisions of chapter 82.38 RCW which requires the payment of
use fuel taxes. [1983 c 3 § 73; 1967 ex.s. c 119 §
35A.81.010.]
35A.81.010
35A.80.030 Hydroelectric resources—Separate legal
authority—Creation by irrigation districts and cities,
towns, or public utility districts. See RCW 87.03.825
through 87.03.840.
35A.80.030
35A.80.040 Code cities encouraged to provide utility
customers with landscaping information and to request
voluntary donations for urban forestry. (1) Code cities
providing utility services under this chapter are encouraged
to provide information to their customers regarding landscaping that includes tree planting for energy conservation.
(2)(a) Code cities providing utility services under this
chapter are encouraged to request voluntary donations from
their customers for the purposes of urban forestry. The
request may be in the form of a check-off on the billing statement or other form of a request for a voluntary donation.
(b) Voluntary donations collected by code cities under
this section may be used by the code city to:
(i) Support the development and implementation of evergreen community ordinances, as that term is defined in RCW
35.105.010, for cities, towns, or counties within their service
areas; or
35A.80.040
(2008 Ed.)
Chapter 35A.82
Chapter 35A.82 RCW
TAXATION—EXCISES
Sections
35A.82.010
35A.82.020
35A.82.025
35A.82.030
35A.82.040
35A.82.042
State shared excises.
Licenses and permits—Excises for regulation.
Authority to regulate massage practitioners—Limitations.
City and county retail sales excise tax and use tax.
City and town license fees and taxes on financial institutions.
City license fees or taxes on certain business activities to be at
a single uniform rate.
[Title 35A RCW—page 71]
35A.82.010
Title 35A RCW: Optional Municipal Code
35A.82.050 License fees or taxes upon certain business activities to be at
single uniform rate.
35A.82.055 License fees or taxes on telephone business to be at uniform
rate.
35A.82.060 License fees or taxes on telephone business—Imposition on
certain gross revenues authorized—Limitations.
35A.82.065 Taxes on network telephone services.
35A.82.070 Taxes on telephone business—Deferral of rate reduction.
35A.82.010 State shared excises. A code city shall collect, receive and share in the distribution of state collected
and distributed excise taxes to the same extent and manner as
general laws relating thereto apply to any class of city or
town including, but not limited to, funds distributed to cities
under RCW 82.36.020 relating to motor vehicle fuel tax,
RCW 82.38.290 relating to use fuel tax, and RCW 82.36.275
and 82.38.080(3). [1998 c 176 § 2; 1995 c 274 § 4; 1985 c 7
§ 102; 1983 c 3 § 74; 1967 ex.s. c 119 § 35A.82.010.]
35A.82.010
Rules—Findings—Effective date—1998 c 176: See RCW 82.36.800,
82.36.900, and 82.36.901.
35A.82.020 Licenses and permits—Excises for regulation. A code city may exercise the authority authorized by
general law for any class of city to license and revoke the
same for cause, to regulate, make inspections and to impose
excises for regulation or revenue in regard to all places and
kinds of business, production, commerce, entertainment,
exhibition, and upon all occupations, trades and professions
and any other lawful activity: PROVIDED, That no license
or permit to engage in any such activity or place shall be
granted to any who shall not first comply with the general
laws of the state.
No such license shall be granted to continue for longer
than a period of one year from the date thereof and no license
or excise shall be required where the same shall have been
preempted by the state, nor where exempted by the state,
including, but not limited to, the provisions of RCW
36.71.090 and chapter 73.04 RCW relating to veterans.
[1967 ex.s. c 119 § 35A.82.020.]
35A.82.020
35A.82.025 Authority to regulate massage practitioners—Limitations. (1) A state licensed massage practitioner seeking a city license to operate a massage business must
provide verification of his or her state massage license as provided for in RCW 18.108.030.
(2) The city may charge a licensing or operating fee, but
the fee charged a state licensed massage practitioner shall not
exceed the licensing or operating fee imposed on similar
health care providers, such as physical therapists or occupational therapists, operating within the same city.
(3) A state licensed massage practitioner is not subject to
additional licensing requirements not currently imposed on
similar health care providers, such as physical therapists or
occupational therapists. [1991 c 182 § 2.]
35A.82.025
Reviser’s note: 1991 c 182 directed that this section be added to chapter 35A.11 RCW. This section has been codified as a part of chapter 35A.82
RCW, which relates more directly to code city licensing authority.
35A.82.030 City and county retail sales excise tax
and use tax. See chapter 82.14 RCW.
35A.82.030
35A.82.040 City and town license fees and taxes on
financial institutions. See chapter 82.14A RCW.
35A.82.040
[Title 35A RCW—page 72]
35A.82.042 City license fees or taxes on certain business activities to be at a single uniform rate. See RCW
35.21.710.
35A.82.042
35A.82.050 License fees or taxes upon certain business activities to be at single uniform rate. Any code city
which imposes a license fee or tax upon business activities
consisting of the making of retail sales of tangible personal
property which are measured by gross receipts or gross
income from such sales, shall impose such tax at a single uniform rate upon all such business activities. This section shall
not apply to any business activities subject to the tax imposed
by chapter 82.16 RCW. For purposes of this section, the providing to consumers of competitive telephone service, as
defined in RCW 82.04.065, or the providing of payphone service as defined in RCW 35.21.710, shall be subject to tax at
the same rate as business activities consisting of the making
of retail sales of tangible personal property. [2002 c 179 § 3;
1983 2nd ex.s. c 3 § 34; 1981 c 144 § 7; 1972 ex.s. c 134 § 7.]
35A.82.050
Effective date—2002 c 179: See note following RCW 35.21.710.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Intent—Severability—Effective date—1981 c 144: See notes following RCW 82.16.010.
35A.82.055 License fees or taxes on telephone business to be at uniform rate. Any code city which imposes a
license fee or tax upon the business activity of engaging in
the telephone business, as defined in RCW 82.16.010, which
is measured by gross receipts or gross income from the business shall impose the tax at a uniform rate on all persons
engaged in the telephone business in the code city.
This section does not apply to the providing of competitive telephone service as defined in RCW 82.04.065 or to the
providing of payphone service as defined in RCW 35.21.710.
[2007 c 6 § 1012; 2002 c 179 § 4; 1983 2nd ex.s. c 3 § 36;
1981 c 144 § 9.]
35A.82.055
Part headings not law—Savings—Effective date—Severability—
2007 c 6: See notes following RCW 82.32.020.
Findings—Intent—2007 c 6: See note following RCW 82.14.495.
Effective date—2002 c 179: See note following RCW 35.21.710.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Intent—Severability—Effective date—1981 c 144: See notes following RCW 82.16.010.
35A.82.060 License fees or taxes on telephone business—Imposition on certain gross revenues authorized—
Limitations. (Contingency, see note following RCW
82.04.530.) (1) Any code city which imposes a license fee or
tax upon the business activity of engaging in the telephone
business which is measured by gross receipts or gross income
may impose the fee or tax, if it desires, on one hundred percent of the total gross revenue derived from intrastate toll
telephone services subject to the fee or tax: PROVIDED,
That the city shall not impose the fee or tax on that portion of
network telephone service which represents charges to
another telecommunications company, as defined in RCW
80.04.010, for connecting fees, switching charges, or carrier
access charges relating to intrastate toll telephone services, or
for access to, or charges for, interstate services, or charges for
35A.82.060
(2008 Ed.)
Taxation—Property
network telephone service that is purchased for the purpose
of resale, or charges for mobile telecommunications services
provided to customers whose place of primary use is not
within the city.
(2) Any city that imposes a license tax or fee under subsection (1) of this section has the authority, rights, and obligations of a taxing jurisdiction as provided in RCW
82.32.490 through 82.32.510.
(3) The definitions in RCW 82.04.065 and 82.16.010
apply to this section. [2007 c 6 § 1014; 2007 c 6 § 1013; 2002
c 67 § 10; 1989 c 103 § 3; 1986 c 70 § 4; 1983 2nd ex.s. c 3 §
38; 1981 c 144 § 11.]
Contingent effective date—2007 c 6 §§ 1003, 1006, 1014, and 1018:
See note following RCW 82.04.065.
Part headings not law—Savings—Effective date—Severability—
2007 c 6: See notes following RCW 82.32.020.
Findings—Intent—2007 c 6: See note following RCW 82.14.495.
Finding—Contingency—Court judgment—Effective date—2002 c
67: See note and Reviser’s note following RCW 82.04.530.
Severability—1989 c 103: See note following RCW 35.21.714.
Effective date—1986 c 70 §§ 1, 2, 4, 5: See note following RCW
35.21.714.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Intent—Severability—Effective date—1981 c 144: See notes following RCW 82.16.010.
35A.82.065 Taxes on network telephone services.
Notwithstanding RCW 35.21.714 or 35A.82.060, any city or
town which imposes a tax upon business activities measured
by gross receipts or gross income from sales, may impose
such tax on that portion of network telephone service, as
defined in RCW 82.16.010, which represents charges to
another telecommunications company, as defined in RCW
80.04.010, for connecting fees, switching charges, or carrier
access charges relating to intrastate toll services, or charges
for network telephone service that is purchased for the purpose of resale. Such tax shall be levied at the same rate as is
applicable to other competitive telephone service as defined
in RCW 82.04.065. [2007 c 6 § 1015; 1989 c 103 § 4; 1986
c 70 § 5.]
35A.82.065
Part headings not law—Savings—Effective date—Severability—
2007 c 6: See notes following RCW 82.32.020.
Findings—Intent—2007 c 6: See note following RCW 82.14.495.
Severability—1989 c 103: See note following RCW 35.21.714.
Effective date—1986 c 70 §§ 1, 2, 4, 5: See note following RCW
35.21.714.
35A.82.070 Taxes on telephone business—Deferral
of rate reduction. A city or town required by RCW
35.21.870(2) to reduce its rate of taxation on telephone business may defer for one year the required reduction in rates for
the year 1987. If the delay in rate reductions authorized by the
preceding sentence is inadequate for a code city to offset the
impact of revenue reductions arising from the removal of revenues from connecting fees, switching charges, or carrier
access charges under the provisions of RCW 35A.82.060,
then the legislative body of such code city may reimpose for
1987 the rates that such code city had in effect upon telephone business during 1985. In each succeeding year, the city
or town shall reduce the rate by one-tenth of the difference
35A.82.070
(2008 Ed.)
35A.84.030
between the tax rate on April 20, 1982, and six percent.
[1986 c 70 § 6.]
Chapter 35A.84
Chapter 35A.84 RCW
TAXATION—PROPERTY
Sections
35A.84.010 Procedure and rules relating to ad valorem taxes.
35A.84.020 Assessment for and collection of ad valorem taxes.
35A.84.030 Ex officio collector of code city taxes.
35A.84.010
35A.84.010 Procedure and rules relating to ad valorem taxes. The taxation of property in code cities shall be
governed by general provisions of the law including, but not
limited to, the provisions of: (1) Chapter 84.09 RCW, relating to the time for establishment of official boundaries of taxing districts on the first day of March of each year; (2) chapter
84.12 RCW relating to the assessment and taxation of public
utilities; (3) chapter 84.16 RCW, relating to the apportionment of taxation on private car companies; (4) chapter 84.20
RCW, relating to the taxation of easements of public utilities;
(5) *chapter 84.24 RCW, relating to the reassessment of
property; (6) chapter 84.36 RCW, relating to property subject
to taxation and exemption therefrom; (7) chapter 84.40 RCW
relating to the listing of property for assessment; (8) chapter
84.41 RCW, relating to reevaluation of property; (9) chapter
84.44 RCW, relating to the taxable situs of personalty; (10)
chapter 84.48 RCW, relating to the equalization of assessments; (11) chapter 84.52 RCW, relating to the levy of taxes,
both regular and excess; (12) chapter 84.56 RCW, relating to
the collection of taxes; (13) chapter 84.60 RCW, relating to
the lien of taxes and the priority thereof; (14) chapter 84.69
RCW, relating to refunds and claims therefor against the code
city; and (15) RCW 41.16.060, relating to taxation for **firemen’s pension fund. [1967 ex.s. c 119 § 35A.84.010.]
Reviser’s note: *(1) Chapter 84.24 RCW was repealed by 1994 c 124
§ 42.
**(2) The "firemen’s pension fund" was changed to the "firefighters’
pension fund" by 2007 c 218 § 22.
35A.84.020
35A.84.020 Assessment for and collection of ad valorem taxes. For the purpose of assessment of all property in
all code cities, other than code cities having a population of
more than twenty thousand inhabitants, the county assessor
of the county wherein such code city is situated shall be the
ex officio assessor, and as to the code cities having a population of more than twenty thousand inhabitants such county
assessor shall perform the duties as provided in *RCW
36.21.020. [1967 ex.s. c 119 § 35A.84.020.]
*Reviser’s note: RCW 36.21.020 was repealed by 1994 c 301 § 57.
35A.84.030
35A.84.030 Ex officio collector of code city taxes. The
treasurer of the county wherein a code city is situated shall be
the ex officio collector of such code city’s taxes and give
bond, and account for the city’s funds as provided in chapter
36.29 RCW. [1967 ex.s. c 119 § 35A.84.030.]
[Title 35A RCW—page 73]
Chapter 35A.88
Chapter 35A.88
Title 35A RCW: Optional Municipal Code
Chapter 35A.88 RCW
HARBORS AND NAVIGATION
Sections
35A.88.010 Discharge of ballast.
35A.88.020 Wharves and landings.
35A.88.030 General laws applicable.
35A.90.020 Invalidity of part of title not to affect
remainder. If any provision, section, or chapter of this title
or its application to any person or circumstance is held
invalid, the remainder of the provision, section, chapter, or
title, or the application thereof to other persons or circumstances is not affected. [1967 ex.s. c 119 § 35A.90.020.]
35A.90.020
35A.90.030 Title, chapter, section headings not part
of law. Title headings, chapter headings, and section or subsection headings, as used in this title, do not constitute any
part of the law. [1967 ex.s. c 119 § 35A.90.030.]
35A.90.030
35A.88.010 Discharge of ballast. A code city may
exercise the powers relating to regulation of discharge of ballast in harbors within or in front of such city as authorized by
RCW 88.28.060. [1967 ex.s. c 119 § 35A.88.010.]
35A.88.010
35A.90.040 Effective date—1967 ex.s. c 119. The
effective date of this act shall be July 1, 1969. [1967 ex.s. c
119 § 35A.90.040.]
35A.90.040
35A.88.020 Wharves and landings. A code city shall
have and exercise all powers granted by general laws to cities
and towns of any class relative to docks and other appurtenances to harbor and shipping, including but not limited to,
the provisions of RCW 35.22.280, 35.23.440, *35.24.290,
and 88.24.030. [1967 ex.s. c 119 § 35A.88.020.]
35A.88.020
*Reviser’s note: RCW 35.24.290 was repealed by 1994 c 81 § 89.
35A.88.030 General laws applicable. General laws
relating to harbor areas within cities, including but not limited to, chapter 36.08 RCW relating to transfer of territory
lying in two or more counties; *RCW 79.92.110 relating to
disposition of rental from leasehold in the harbor areas; and
RCW 88.32.240 and 88.32.250 relating to joint planning by
cities and counties shall apply to, benefit and obligate code
cities to the same extent as such general laws apply to any
class of city. [1985 c 7 § 103; 1983 c 3 § 75; 1967 ex.s. c 119
§ 35A.88.030.]
35A.88.030
*Reviser’s note: RCW 79.92.110 was recodified as RCW 79.115.150
pursuant to 2005 c 155 § 1006.
35A.90.050 Severability—1971 ex.s. c 251. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1971 ex.s. c 251 § 17.]
35A.90.050
Chapter 35A.92
Chapter 35A.92 RCW
FIRE DEPARTMENTS—
PERFORMANCE MEASURES
Sections
35A.92.010
35A.92.020
35A.92.030
35A.92.040
35A.92.900
Intent.
Definitions.
Policy statement—Service delivery objectives.
Annual evaluations—Annual report.
Part headings not law—2005 c 376.
35A.92.010 Intent. The legislature intends for code cities to set standards for addressing the reporting and accountability of substantially career fire departments, and to specify
performance measures applicable to response time objectives
for certain major services. The legislature acknowledges the
efforts of the international city/county management association, the international association of fire chiefs, and the
national fire protection association for the organization and
deployment of resources for fire departments. The arrival of
first responders with automatic external defibrillator capability before the onset of brain death, and the arrival of adequate
fire suppression resources before flash-over is a critical event
during the mitigation of an emergency, and is in the public’s
best interest. For these reasons, this chapter contains performance measures, comparable to that research, relating to the
organization and deployment of fire suppression operations,
emergency medical operations, and special operations by
substantially career fire departments. This chapter does not,
and is not intended to, in any way modify or limit the authority of code cities to set levels of service. [2005 c 376 § 201.]
35A.92.010
Chapter 35A.90
Chapter 35A.90 RCW
CONSTRUCTION
Sections
35A.90.010 Becoming code city—Rights, actions saved—Continuation of
ordinances.
35A.90.020 Invalidity of part of title not to affect remainder.
35A.90.030 Title, chapter, section headings not part of law.
35A.90.040 Effective date—1967 ex.s. c 119.
35A.90.050 Severability—1971 ex.s. c 251.
35A.90.010 Becoming code city—Rights, actions
saved—Continuation of ordinances. Unless otherwise provided by this title, the election by a city or town to become a
code city and to be governed by this title shall not affect any
right or liability either in favor of or against such city or town
existing at the time, nor any civil or criminal proceeding
involving or relating to such city or town; and all rights and
property of every description which were vested in such city
or town immediately prior to becoming a code city shall continue to be vested in such code city; and all charter provisions, ordinances, resolutions, rules, regulations, or orders
lawfully in force in such city or town at the time of becoming
a code city, and not inconsistent with or repugnant to this
title, shall continue in force in such code city until amended
or repealed as provided by law. [1967 ex.s. c 119 §
35A.90.010.]
35A.90.010
[Title 35A RCW—page 74]
35A.92.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Advanced life support" means functional provision
of advanced airway management, including intubation,
advanced cardiac monitoring, manual defibrillation, estab35A.92.020
(2008 Ed.)
Fire Departments—Performance Measures
lishment and maintenance of intravenous access, and drug
therapy.
(2) "Aircraft rescue and fire fighting" means the fire
fighting actions taken to rescue persons and to control or
extinguish fire involving or adjacent to aircraft on the ground.
(3) "Brain death" as defined by the American heart association means the irreversible death of brain cells that begins
four to six minutes after cardiac arrest.
(4) "Code city" means a code city that provides fire protection services, which may include fire fighting actions,
emergency medical services, and other special operations, in
a specified geographic area.
(5) "Fire department" means a code city fire department
responsible for fire fighting actions, emergency medical services, and other special operations in a specified geographic
area. The department must be a substantially career fire
department, and not a substantially volunteer fire department.
(6) "Fire suppression" means the activities involved in
controlling and extinguishing fires.
(7) "First responder" means provision of initial assessment and basic first-aid intervention, including cardiac pulmonary resuscitation and automatic external defibrillator
capability.
(8) "Flash-over" as defined by national institute of standards and technology means when all combustibles in a room
burst into flame and the fire spreads rapidly.
(9) "Marine rescue and fire fighting" means the fire
fighting actions taken to prevent, control, or extinguish fire
involved in or adjacent to a marine vessel and the rescue
actions for occupants using normal and emergency routes for
egress.
(10) "Response time" means the time immediately following the turnout time that begins when units are en route to
the emergency incident and ends when units arrive at the
scene.
(11) "Special operations" means those emergency incidents to which the fire department responds that require specific and advanced training and specialized tools and equipment.
(12) "Turnout time" means the time beginning when
units receive notification of the emergency to the beginning
point of response time. [2005 c 376 § 202.]
35A.92.900
(b) Emergency medical services;
(c) Special operations;
(d) Aircraft rescue and fire fighting;
(e) Marine rescue and fire fighting; and
(f) Wild land fire fighting.
(3) Every code city, in order to measure the ability to
arrive and begin mitigation operations before the critical
events of brain death or flash-over, shall establish time objectives for the following measurements:
(a) Turnout time;
(b) Response time for the arrival of the first arriving
engine company at a fire suppression incident and response
time for the deployment of a full first alarm assignment at a
fire suppression incident;
(c) Response time for the arrival of a unit with first
responder or higher level capability at an emergency medical
incident; and
(d) Response time for the arrival of an advanced life support unit at an emergency medical incident, where this service is provided by the fire department.
(4) Every code city shall also establish a performance
objective of not less than ninety percent for the achievement
of each response time objective established under subsection
(3) of this section. [2005 c 376 § 203.]
35A.92.040 Annual evaluations—Annual report. (1)
Every code city shall evaluate its level of service and deployment delivery and response time objectives on an annual
basis. The evaluations shall be based on data relating to level
of service, deployment, and the achievement of each
response time objective in each geographic area within the
code city’s jurisdiction.
(2) Beginning in 2007, every code city shall issue an
annual written report which shall be based on the annual evaluations required by subsection (1) of this section.
(a) The annual report shall define the geographic areas
and circumstances in which the requirements of this standard
are not being met.
(b) The annual report shall explain the predictable consequences of any deficiencies and address the steps that are
necessary to achieve compliance. [2005 c 376 § 204.]
35A.92.040
35A.92.900 Part headings not law—2005 c 376. See
RCW 35.103.900.
35A.92.900
35A.92.030 Policy statement—Service delivery
objectives. (1) Every code city shall maintain a written statement or policy that establishes the following:
(a) The existence of a fire department;
(b) Services that the fire department is required to provide;
(c) The basic organizational structure of the fire department;
(d) The expected number of fire department employees;
and
(e) Functions that fire department employees are
expected to perform.
(2) Every code city shall include service delivery objectives in the written statement or policy required under subsection (1) of this section. These objectives shall include specific response time objectives for the following major service
components, if appropriate:
(a) Fire suppression;
35A.92.030
(2008 Ed.)
[Title 35A RCW—page 75]
Title 36
Chapters
36.01
36.04
36.05
36.08
36.09
36.12
36.13
36.16
36.17
36.18
36.21
36.22
36.23
36.24
36.26
36.27
36.28
36.28A
36.29
36.32
36.33
36.33A
36.34
36.35
36.36
36.37
36.38
36.39
36.40
36.42
36.43
36.45
36.47
36.48
36.49
36.50
36.53
36.54
36.55
36.56
36.57
36.57A
36.58
36.58A
36.60
36.61
36.62
36.63
36.64
36.65
36.67
36.68
36.69
36.70
(2008 Ed.)
Title 36
COUNTIES
36.70A
General provisions.
County boundaries.
Actions to establish boundaries.
Transfer of territory where city’s harbor lies in
two counties.
New county—Liability for debts.
Removal of county seats.
Classification of counties.
County officers—General.
Salaries of county officers.
Fees of county officers.
County assessor.
County auditor.
County clerk.
County coroner.
Public defender.
Prosecuting attorney.
County sheriff.
Association of sheriffs and police chiefs.
County treasurer.
County commissioners.
County funds.
Equipment rental and revolving fund.
County property.
Tax title lands.
Aquifer protection areas.
Agricultural fairs and poultry shows.
Admissions tax.
Assistance and relief.
Budget.
Retail sales and use taxes.
Building codes and fire regulations.
Claims against counties.
Coordination of administrative programs.
Depositaries.
Dog license tax.
Farm and home extension work.
Ferries—Privately owned.
Ferries—County owned.
Franchises on roads and bridges.
Metropolitan municipal corporation functions,
etc.—Assumption by counties.
County public transportation authority.
Public transportation benefit areas.
Solid waste disposal.
Solid waste collection districts.
County rail districts.
Lake and beach management districts.
Hospitals.
Jails.
Joint governmental activities.
Combined city and county municipal corporations.
Limitation of indebtedness—County bonds.
Parks and recreational facilities.
Park and recreation districts.
Planning enabling act.
36.70B
36.70C
36.71
36.72
36.73
36.75
36.76
36.77
36.78
36.79
36.80
36.81
36.82
36.83
36.85
36.86
36.87
36.88
36.89
36.90
36.92
36.93
36.94
36.95
36.96
36.100
36.102
36.105
36.110
36.115
36.120
36.125
36.130
36.900
Growth management—Planning by selected
counties and cities.
Local project review.
Judicial review of land use decisions.
Peddlers’ and hawkers’ licenses.
Printing.
Transportation benefit districts.
Roads and bridges—General provisions.
Roads and bridges—Bonds.
Roads and bridges—Construction.
Roads and bridges—County road administration board.
Roads and bridges—Rural arterial program.
Roads and bridges—Engineer.
Roads and bridges—Establishment.
Roads and bridges—Funds—Budget.
Roads and bridges—Service districts.
Roads and bridges—Rights-of-way.
Roads and bridges—Standards.
Roads and bridges—Vacation.
County road improvement districts.
Highways—Open spaces—Parks—Other public facilities—Storm water control.
Southwest Washington fair.
County central services department.
Local governmental organization—Boundaries—Review boards.
Sewerage, water, and drainage systems.
Television reception improvement districts.
Dissolution of inactive special purpose districts.
Public facilities districts.
Stadium and exhibition centers.
Community councils for unincorporated areas
of island counties.
Jail industries program.
Service agreements.
Regional transportation investment districts.
Marine resources committees.
Affordable housing developments.
Construction.
Acquisition of
interests in land for conservation, protection, preservation, or open space
purposes by counties: RCW 64.04.130.
open space, land, or rights to future development by counties, cities, or
metropolitan municipal corporations, tax levy: RCW 84.34.200
through 84.34.240, 84.52.010.
Air pollution control advisory council: RCW 70.94.240.
Board of
adjustment
airport zoning: Chapter 14.12 RCW.
county planning: RCW 35.63.080.
equalization: Chapter 84.48 RCW.
law library trustees: Chapter 27.24 RCW.
library trustees: Chapter 27.12 RCW.
management of detention facilities (counties with populations of one million or more): Chapter 13.20 RCW.
visitation under juvenile court act: RCW 13.04.180.
Camping resort contracts—Nonapplicability of certain laws to—Club not
subdivision except under city, county powers: RCW 19.105.510.
[Title 36 RCW—page 1]
Chapter 36.01
Title 36 RCW: Counties
Canvassing board
generally: Chapter 29A.60 RCW.
members: RCW 39.40.030.
Trade centers—Annual service fee—Distribution to counties: RCW
53.29.030.
Transportation centers authorized: Chapter 81.75 RCW.
Civil service commission (sheriff’s office): Chapter 41.14 RCW.
Unfit dwellings, buildings and structures: Chapter 35.80 RCW.
Urban arterials, planning, funding, etc.: Chapter 47.26 RCW.
Community mental health services act: Chapter 71.24 RCW.
Community renewal, application: RCW 35.81.015.
Community services—Local funds for: Chapter 71.20 RCW.
Counties may engage in probation and parole services: RCW 36.01.070.
Counting board (election): RCW 29A.44.450, 29A.44.460.
County and city tuberculosis hospital board of managers: Chapter 70.30
RCW.
County committee on school district organization: Chapter 28A.315 RCW.
Validity of agreement to indemnify against liability for negligence relative to
construction or improvement of roads: RCW 4.24.115.
Youth agencies, joint establishment: RCW 35.21.630.
Chapter 36.01
Credit card use by local governments: RCW 43.09.2855.
Sections
Designation as authority or regional authority auditor under Washington
Clean Air Act, duties: RCW 70.94.094.
36.01.010
36.01.020
36.01.030
36.01.040
36.01.050
36.01.060
36.01.070
36.01.080
36.01.085
36.01.090
36.01.095
36.01.100
36.01.104
36.01.105
Chapter 36.01 RCW
GENERAL PROVISIONS
District health board: Chapter 70.46 RCW.
Election board, precinct: Chapter 29A.44 RCW.
Ferry system tariffs and charges review commission: RCW 47.60.300.
Flood control zone district county-wide advisory committee: RCW
86.15.070.
Gambling activities, counties as affecting: Chapter 9.46 RCW.
Game department lands, payments to counties in lieu of taxes: RCW
77.12.201.
Heating systems authorized: RCW 35.97.020.
Housing authority commission: Chapter 35.82 RCW.
Industrial development revenue bonds: Chapter 39.84 RCW.
Intercounty rural library district board of trustees: Chapter 27.12 RCW.
36.01.110
Joint operations by political subdivisions, deposit and control of funds:
RCW 43.09.285.
Labor relations consultants: RCW 43.09.230.
36.01.115
Legal aid committee: Chapter 2.50 RCW.
Local adopt-a-highway programs: RCW 47.40.105.
Material removed for channel or harbor improvement, or flood control—
Use for public purpose: RCW 79.140.110.
Mental health and retardation services—Interstate contracts by boundary
counties: RCW 71.28.010.
Multi-purpose community centers, counties may establish: Chapter 35.59
RCW.
Municipalities—Energy audits and efficiency: RCW 43.19.691.
Outdoor recreation land acquisition or improvement under marine recreation land act: Chapter 79A.25 RCW.
Parking facilities, conveyance of land for: Chapter 35.87 RCW.
Planning commission: Chapter 35.63 RCW; chapter 36.70 RCW.
Pollution control—Municipal bonding authority: Chapter 70.95A RCW.
Precinct election board: Chapter 29A.44 RCW.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Public buildings, provision to be made for use by aged and individuals with
disabilities: Chapter 70.92 RCW.
Public hospital district commission: Chapter 70.44 RCW.
36.01.130
Redistricting by local governments and municipal corporations—Census
information for—Plan, prepared when, criteria for, hearing on,
request for review of, certification, remand—Sanctions when review
request frivolous: RCW 29A.76.010.
Regional planning commission: RCW 35.63.070, 36.70.060.
Registration of contractor required before issuance of building permit:
RCW 18.27.110.
Reports, claims, etc., filing: RCW 1.12.070.
School districts—Agreements with other governmental entities for transportation of students or the public or for other noncommon school purposes—Limitations: RCW 28A.160.120.
Tourism promotion areas: Chapter 35.101 RCW.
[Title 36 RCW—page 2]
36.01.120
36.01.125
36.01.150
36.01.160
36.01.170
36.01.180
36.01.190
36.01.200
36.01.210
36.01.220
36.01.225
36.01.230
36.01.240
36.01.250
36.01.260
Corporate powers.
Corporate name.
Powers—How exercised.
Conveyances for use of county.
Venue of actions by or against counties.
County liable for certain court costs.
Probation and parole services.
Parking facilities—Construction, operation and rental charges.
Economic development programs.
Tourist promotion.
Emergency medical services—Authorized—Fees.
Ambulance service authorized—Restriction.
Levy for emergency medical care and services.
Fire protection, ambulance or other emergency services provided by municipal corporation within county—Financial
and other assistance authorized.
Federal grants and programs—Powers and authority of counties to participate in—Public corporations, commissions or
authorities.
Nonpolluting power generation by individual—Exemption
from regulation—Authorization to contract with utility.
Foreign trade zones—Legislative finding, intent.
Foreign trade zones—Authority to apply for permission to
establish, operate and maintain.
Controls on rent for residential structures—Prohibited—
Exceptions.
Facilitating recovery from Mt. St. Helens eruption—Scope of
local government action.
Penalty for act constituting a crime under state law—Limitation.
Administration of trusts benefiting school districts.
Zoo and aquarium advisory authority—Constitution—Terms.
Initial meeting of zoo and aquarium advisory authority—
Expenditure of funds—Powers.
Federal funds designated for state schools—Use limited to
reduction of outstanding debt obligations of school districts.
Rail fixed guideway system—Safety program plan and security and emergency preparedness plan.
Mobile home, manufactured home, or park model moving or
installing—Copies of permits—Definitions.
Authority to regulate placement or use of homes—Regulation
of manufactured homes—Restrictions on location of mobile
homes or manufactured homes.
Cooperative watershed management.
Regulation of financial transactions—Limitations.
Environmental mitigation activities.
Evergreen community ordinances.
Accounts of county, examination of: RCW 43.09.260.
Actions by and against
counties, limitations on: Chapter 4.16 RCW.
public corporations (counties): RCW 4.08.110, 4.08.120.
Aeronautics facilities of counties to be made available to department of
transportation: RCW 47.68.300.
Agricultural fairs, county participation: Chapter 15.76 RCW.
Aircraft excise tax, county exemption: RCW 82.48.100.
Airport zoning: Chapter 14.12 RCW.
Ambulance service for second-class cities, county may provide: RCW
35.23.456.
Armories, county may expend money for site: RCW 38.20.030.
Blind made products, services, county to procure when available: RCW
19.06.020.
(2008 Ed.)
General Provisions
Boarding homes, county administration, when: Chapter 18.20 RCW.
Bonds, county
as insurance investments: RCW 48.13.040.
election on, vote required: Chapter 39.40 RCW.
form, sale, payment, etc.: Chapter 39.44 RCW.
sale to federal government at private sale: Chapter 39.48 RCW.
validation of: Chapter 39.90 RCW.
Bonds of corporation not to be owned: State Constitution Art. 8 § 7.
Bonds of federal agencies as county investment: Chapter 39.64 RCW.
Cemeteries
private regulation of by county: RCW 68.20.080.
public, and morgues, in counties: RCW 68.52.010, 68.52.020.
Cemeteries and burial, public, all counties: RCW 68.52.030.
Cemetery districts authorized for certain counties: Chapter 68.52 RCW.
Chapter 36.01
subject to diking, drainage or sewerage improvement assessments, resale
of or lease of by county: RCW 85.08.500.
weed control district assessments, as subject to: RCW 17.04.180.
County office, defined for public assistance purposes: RCW 74.04.005(3).
County roads: Chapter 36.75 RCW.
Court house, county to furnish: RCW 2.28.139.
Credit not to be loaned: State Constitution Art. 8 § 7.
Debts of
apportionment on division or enlargement: State Constitution Art. 11 § 3.
limit of: State Constitution Art. 8 § 6 (Amendment 27), Art. 7 § 2 (Amendments 55, 59).
private property not to be taken in satisfaction of: State Constitution Art.
11 § 13.
Dental hygienists, licensed, county may employ: RCW 18.29.050.
Children and youth services, county participation: RCW 72.05.160.
Department of revenue, visitation to counties: RCW 84.08.010(3).
Cities and towns
agreements with county for planning, construction, etc., of streets: Chapter 35.77 RCW.
community renewal, county participation: RCW 35.81.130.
county aid on street construction, etc.: RCW 47.24.050.
L.I.D. assessment lien, application on sale by county of tax lands: RCW
35.49.160.
property held by under L.I.D. assessment lien not subject to county taxes:
RCW 35.53.010.
Cities may support county in which city-owned utility plant located: RCW
35.21.420 through 35.21.427.
Civil service
for sheriff’s office: Chapter 41.14 RCW.
status retained when on emergency service work: RCW 38.52.140.
Closed burning seasons in counties: RCW 76.04.205.
Combined city and county municipal corporations: State Constitution Art.
11 § 16 (Amendment 58).
Combined city-county health departments: Chapter 70.08 RCW.
Detention, house or room for, establishment of: RCW 13.04.135.
Community centers, counties may establish: Chapter 35.59 RCW.
Community work and training programs, county participation in: Chapter
74.04 RCW.
Contractors, regulation of, inapplicable to counties: RCW 18.27.090.
Contracts
contractor’s bond on: Chapter 39.08 RCW.
county may perform work or services for department of transportation:
RCW 47.01.210.
executory conditional sales, for purchase of property for park or library
purposes: RCW 39.30.010.
public works, application to counties: Chapter 39.04 RCW.
public works, reserve from amount due contractors to cover lien for labor,
material or taxes: Chapter 60.28 RCW.
County airport districts: Chapter 14.08 RCW.
County and district fairs as agricultural fair classification: RCW 15.76.120.
County government: State Constitution Art. 11.
County lands
acquisition of for state highways: RCW 47.12.040, 47.12.150.
city or town L.I.D. assessments, as subject to: RCW 35.43.130, 35.44.140,
35.49.070.
diking, drainage or sewerage improvement assessments, as subject to:
RCW 85.08.500, 85.08.530.
diking and drainage intercounty districts assessments, as subject to: RCW
85.24.240.
diking district act, as subject to: RCW 85.05.080, 85.05.380, 85.05.390.
drainage district act, as subject to: RCW 85.06.350, 85.06.360.
eminent domain by cities of: Chapter 8.12 RCW.
eminent domain by public waterway districts of: Chapter 91.08 RCW.
flood control district assessments, as subject to: RCW 86.09.526,
86.09.529.
lease of for underground storage of natural gas: RCW 80.40.070.
pest district assessments, as subject to: RCW 17.12.080.
public waterway district assessments, as subject to: RCW 91.08.570,
91.08.575.
right of entry on given department of transportation: RCW 47.01.170.
rights-of-way over by diking districts: RCW 85.05.080.
(2008 Ed.)
Detention facilities, management of (counties with populations of one million or more): Chapter 13.20 RCW.
Detention of state felons in county jails: Chapter 72.68 RCW.
Diking and drainage intercounty districts: Chapter 85.24 RCW.
Disinfection of county property as county duty: RCW 15.08.230.
Disturbances at state penal facilities—Reimbursement to cities and counties
for certain expenses incurred: RCW 72.72.050, 72.72.060.
Electric franchises and rights-of-way, counties may grant: RCW 80.32.010.
Electrical construction regulations applicable to counties: RCW 19.29.010.
Emergency management, county participation: Chapter 38.52 RCW.
Eminent domain
airport purposes: Chapters 14.07, 14.08 RCW.
flood control purposes: RCW 86.12.030.
flood control purposes by counties jointly: RCW 86.13.040.
generally: Chapter 8.08 RCW.
military purposes: RCW 8.04.170, 8.04.180.
of tidelands: RCW 88.24.070.
parks, bathing beaches, public camps: RCW 67.20.010.
wharves purposes: RCW 88.24.070.
Existing counties recognized: State Constitution Art. 11 § 1.
Family courts in: Chapter 26.12 RCW.
Federal areas in counties, generally: Chapter 37.08 RCW.
Federal property, purchase of from government by counties: Chapter 39.32
RCW.
Fireworks, county participation in control: Chapter 70.77 RCW.
Fiscal agent for: Chapter 43.80 RCW.
Flood control
county: Chapter 86.12 RCW.
county participation with
district: RCW 86.24.040.
state and federal government: Chapter 86.24 RCW.
districts (1937 act), public lands included in: RCW 86.09.013.
maintenance, county participation with state: Chapter 86.26 RCW.
Forest protection in counties: Chapter 76.04 RCW.
Fruit and vegetable inspection districts, counties constituting: RCW
15.17.230.
Funding indebtedness in counties: Chapter 39.52 RCW.
Group life insurance, public employee associations: RCW 48.24.060.
Hospitals, private, for care of individuals with mental illness, alcoholics,
county may prescribe standards: RCW 71.12.550.
Housing authority
generally: Chapter 35.82 RCW.
property as exempt from county taxation: RCW 35.82.210.
Housing cooperation law: Chapter 35.83 RCW.
Indebtedness, county: State Constitution Art. 8.
Industrial development districts, county lands may be conveyed to: Chapter
53.25 RCW.
Intercounty weed districts: Chapter 17.06 RCW.
[Title 36 RCW—page 3]
Chapter 36.01
Title 36 RCW: Counties
Intergovernmental disposition of property, county participation: RCW
39.33.010.
Irrigation districts, cancellation of county taxes against, when: RCW
87.64.060.
Island counties, refund of motor vehicle license and fuel tax fees to: RCW
46.68.080.
Joint aid river and harbor improvements, county participation: RCW
88.32.230 through 88.32.235.
Joint planning for improvement of navigable stream, county participation:
RCW 88.32.240 through 88.32.250.
Juvenile detention facility as mandatory county function: RCW 13.16.030.
Leases, mineral and petroleum, on county land: Chapter 78.16 RCW.
Leases of property, ballot proposition
by jointly with city or town: RCW 35.42.200.
from by city or town: RCW 35.42.200.
Legal aid: Chapter 2.50 RCW.
Legal publications of: Chapter 65.16 RCW.
Libraries: Title 27 RCW.
Lien for labor, material and taxes on public works: Chapter 60.28 RCW.
Limitation of indebtedness of taxing districts: Chapter 39.36 RCW.
Liquor revolving fund moneys, distribution to counties: Chapter 66.08
RCW.
Local milk inspection service units: Chapter 15.36 RCW.
Martial law, proclamation of county under: RCW 38.08.030.
Metropolitan municipal corporations
as borrowers from county: RCW 35.58.480.
county participation: Chapter 35.58 RCW.
Military offenses, jurisdiction by county when: Chapter 38.32 RCW.
Mosquito control
county work coordinated with: Chapter 70.22 RCW.
districts, counties where authorized: RCW 17.28.020.
Motor freight carrier, county vehicle exempt as: RCW 81.80.040.
Motor vehicle
accidents, peace officer’s reports: RCW 46.52.070.
fund moneys for county purposes: RCW 46.68.070 and 46.68.120.
size, weight and load, local regulations: RCW 46.44.080.
Municipal airports
1941 act: Chapter 14.07 RCW.
1945 act: Chapter 14.08 RCW.
Old age and survivors’ insurance, acceptance of for counties: Chapter
41.47 RCW.
Operating agencies (electricity, water resources) to act for counties: Chapter 43.52 RCW.
Park and recreation service areas: RCW 36.68.400 through 36.68.620.
Parks, bathing beaches, public camps, county may acquire and operate:
Chapter 67.20 RCW.
Person defined to include counties for RCW code purposes: RCW 1.16.080.
interchange of personnel with federal agency, rights preserved: RCW
41.04.140 through 41.04.170.
military leave for: RCW 38.40.060.
minimum wage act, public employee exclusion: RCW 49.46.010.
payroll deductions for: RCW 41.04.020, 41.04.036.
public employees’ retirement system, county employees as members:
RCW 41.40.062.
retirement systems, retention of rights: Chapter 41.04 RCW.
social security, federal coverage includes: Chapter 41.48 RCW.
Public lands
rights-of-way over for county bridges, trestles, across waterways, tide or
shore lands: RCW 79.110.120.
rights-of-way over for roads, county wharves: RCW 79.36.440.
sale of road material on to counties: RCW 79.15.320.
Public officers
campaign financing, reporting: RCW 42.17.030 through 42.17.130.
code of ethics for: Chapter 42.23 RCW.
financial affairs and gifts, reporting: RCW 42.17.240.
misconduct of enumerated: Chapter 42.20 RCW.
not to receive witness fees: RCW 42.16.020, 42.16.030.
resignations: RCW 42.12.020.
terms when vacancies filled: RCW 42.12.030.
Public purchase preferences: Chapter 39.24 RCW.
Public works
emergency, county participation: Chapter 39.28 RCW.
department of transportation, cooperation: RCW 47.08.070.
prevailing wages to be paid on: Chapter 39.12 RCW.
Publicly owned vehicles
exempt from licensing fee: RCW 46.16.020.
license plate retained when change in ownership: RCW 46.16.290.
registration of: RCW 46.16.020.
to be marked: RCW 46.08.065.
Railroad grade crossings
apportionment of costs, county liability: RCW 81.53.110, 81.53.130.
counties duty to maintain: RCW 81.53.090.
county participation in grants for: Chapter 81.53 RCW.
Railroad signals, warning devices on county roads: RCW 81.53.261
through 81.53.291.
Reclamation and irrigation districts in United States reclamation areas,
contract to bring county lands into: RCW 89.12.110.
Reclamation districts of one million acres, lands in more than one county:
RCW 89.30.004.
Reforestation
county exchange of land to block up holdings: RCW 79.17.020, 79.17.060,
and 79.17.070.
grants of county lands for: RCW 79.22.040.
Regional jail camps, county prisoners may be committed to: RCW
72.64.100, 72.64.110.
River and harbor improvements by counties jointly: RCW 88.32.180
through 88.32.220.
Rural housing projects: Chapter 35.82 RCW.
Printing for counties to be done in state: RCW 43.78.130.
Savings and loan associations, counties as member: RCW 33.20.060.
Soft tree fruits commission law, counties constituting districts under: RCW
15.28.010.
Soil and water conservation districts, county may cooperate with: RCW
89.08.341.
State patrol retirement allowances exempt from county taxation: RCW
43.43.310.
State vehicle regulations precedence over local: RCW 46.08.020.
State’s title to abandoned channels granted to counties: RCW 86.13.110.
Stock restricted areas in: Chapter 16.24 RCW.
Public assistance
as county function: RCW 74.04.040.
county participation: Chapter 74.04 RCW.
Public contracts and indebtedness: Title 39 RCW.
Street railroads in counties: Chapter 81.64 RCW.
Superior court judges, each county entitled to: State Constitution Art. 4 § 5,
chapter 2.08 RCW.
Public documents (state), distribution to counties: Chapter 40.04 RCW.
Surplus federal property, county may purchase: RCW 39.32.010 through
39.32.060.
Public employees
hospitalization and medical aid for: RCW 41.04.180, 41.04.190.
Tax liens, foreclosure by county when city or town L.I.D. assessments on,
rights of city or town: RCW 35.49.130 through 35.49.160.
Pesticide application act, county as subject to: RCW 17.21.220.
Police and sanitary regulations, power to enforce: State Constitution Art. 11
§ 11.
Port districts
contracts or leases with counties by: RCW 53.08.070, 53.08.140,
53.08.240.
motor vehicle regulation in by county authorities, procedure: RCW
53.08.230.
regulations of, adoption as county ordinance: RCW 53.08.220.
[Title 36 RCW—page 4]
(2008 Ed.)
General Provisions
Taxes
B & O, counties defined as person for purposes of: RCW 82.04.030.
excise, state preempts field, which: RCW 82.02.020.
federal payments in lieu of ad valorem property taxes to counties, distribution: Chapter 84.72 RCW.
for city and town purposes: State Constitution Art. 11 § 12.
local, legislature not to impose: State Constitution Art. 11 § 12.
motor vehicle fuel
counties as subject to: RCW 82.36.240.
state preempts field: RCW 82.36.440.
property
acquisitions of county subject to lien of: RCW 84.60.050.
county by, generally: Title 84 RCW.
county held tax-title property, treatment of: RCW 36.35.100.
county-interstate bridge as exempt from: RCW 84.36.230.
county lands sold on contract as taxable: RCW 84.40.230.
county property as exempt from: RCW 84.36.010.
county revaluation program: Chapter 84.41 RCW.
county right-of-way easements as exempt from: RCW 84.36.210.
excess levies authorized, county application: RCW 84.52.050
through 84.52.056.
limitation on levies, county application: State Constitution Art. 7
§ 2 (Amendments 55, 59); RCW 84.52.050.
state, county liability for share of: State Constitution Art. 11 § 9.
Taxing district
county as: RCW 84.04.120.
relief act, county application: Chapter 39.64 RCW.
36.01.060
such personal property, as may be necessary to their corporate or administrative powers, and to do all other necessary
acts in relation to all the property of the county. [1986 c 278
§ 1; 1963 c 4 § 36.01.010. Prior: Code 1881 § 2653; 1863 p
538 § 1; 1854 p 329 § 1; RRS § 3982.]
Severability—1986 c 278: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1986 c 278 § 65.]
36.01.020 Corporate name. The name of a county,
designated by law, is its corporate name, and it must be
known and designated thereby in all actions and proceedings
touching its corporate rights, property, and duties. [1963 c 4
§ 36.01.020. Prior: Code 1881 § 2654; RRS § 3983.]
36.01.020
36.01.030 Powers—How exercised. Its powers can
only be exercised by the county commissioners, or by agents
or officers acting under their authority or authority of law.
[1963 c 4 § 36.01.030. Prior: Code 1881 § 2655; RRS §
3984.]
36.01.030
36.01.040 Conveyances for use of county. Every conveyance of lands, or transfer of other property, made in any
manner for the use of any county, shall have the same force
and effect as if made to the county in its proper and corporate
name. [1963 c 4 § 36.01.040. Prior: Code 1881 § 2656; 1863
p 538 § 2; 1854 p 329 § 2; RRS § 3985.]
36.01.040
Teletypewriter communications network, county participation: Chapter
43.89 RCW.
Toll roads, bridges and ferries (state), county participation and liability:
Chapter 47.56 RCW.
Township organization in: State Constitution Art. 11 § 4 (Amendment 21).
Traffic
enforcement agencies, duty: Chapter 46.64 RCW.
schools, county participation: Chapter 46.83 RCW.
Unfit dwellings, buildings and structures: Chapter 35.80 RCW.
Uniform system of accounting: Chapter 43.09 RCW.
Validation of bonds and financing proceedings: Chapter 39.90 RCW.
Vehicle wreckers’ licensing, county to comply with: RCW 46.80.160.
Veterans
in business, peddling, county licensing limitations: RCW 73.04.050
through 73.04.060.
indigent and deceased, burial as county responsibility: RCW 73.08.070.
public officials duty as considered leave of absence: RCW 73.16.041.
scoring criteria status in county employment reemployment: RCW
41.04.010, Chapter 73.16 RCW.
Veterans’
meeting hall, county may furnish free of charge: RCW 73.04.070.
meeting place, rent from county funds: RCW 73.04.080.
relief as county responsibility: Chapter 73.08 RCW.
Vital statistics, county as a primary registration area: RCW 70.58.010.
Wages
deductions and rebates, application to counties: Chapter 49.52 RCW.
payment and collection of, county employee exclusion: RCW 49.48.080.
rebates of on public works, penalty: RCW 49.52.090.
Warrants, interest rate on: RCW 39.56.020, 39.56.030.
Water pollution control, county application: Chapter 90.48 RCW.
Water rights
appropriation of by counties; procedure: Chapter 90.03 RCW.
United States, county application: Chapter 90.40 RCW.
Wharves, counties may authorize and prescribe rates: RCW 88.24.020.
Workers’ compensation, county coverage: RCW 51.12.050.
World fair or exposition, county participation: Chapter 35.60 RCW.
36.01.010 Corporate powers. The several counties in
this state shall have capacity as bodies corporate, to sue and
be sued in the manner prescribed by law; to purchase and
hold lands; to make such contracts, and to purchase and hold
36.01.010
(2008 Ed.)
36.01.050 Venue of actions by or against counties. (1)
All actions against any county may be commenced in the
superior court of such county, or in the superior court of
either of the two nearest judicial districts. All actions by any
county shall be commenced in the superior court of the
county in which the defendant resides, or in either of the two
judicial districts nearest to the county bringing the action.
(2) The determination of the nearest judicial districts is
measured by the travel time between county seats using
major surface routes, as determined by the administrative
office of the courts. [2005 c 282 § 42; 2000 c 244 § 1; 1997
c 401 § 1; 1963 c 4 § 36.01.050. Prior: 1854 p 329 § 6; No
RRS.]
36.01.050
36.01.060 County liable for certain court costs. Each
county shall be liable to pay the per diem and mileage, or
other compensation in lieu thereof, to jurors of the county
attending the superior court; the fees of the sheriff for maintaining prisoners charged with crimes, and the sheriff’s costs
in conveying them to and from the court, as well as their
board while there; the per diem and mileage, or such other
compensation as is allowed in lieu thereof, of the sheriff of
the county, when in criminal cases the sheriff is required to
attend or travel to the superior court out of the limits of the
sheriff’s county; the costs in criminal cases taken from the
courts of limited jurisdiction to the superior court; but no
such claims shall be paid by the treasurer unless the particular
items are approved by the judge and certified by the clerk
under the seal of the court. For the time or travel which may
be paid by the parties or United States, no payment from the
county shall be allowed, and no officer, juror, or witness shall
receive from the county double pay as a per diem for the same
36.01.060
[Title 36 RCW—page 5]
36.01.070
Title 36 RCW: Counties
time, or as traveling expenses or mileage for the same travel,
in however many different capacities or in however many different causes they may be summoned, notified, or called
upon to testify or attend in. [1987 c 202 § 200; 1963 c 4 §
36.01.060. Prior: Code 1881 § 2110; 1869 p 420 § 9; 1863 p
425 § 10; 1857 p 22 § 10; RRS § 508.]
priate legislation provide for the establishment of a system of
ambulance service for the entire county or for portions
thereof, and award contracts for ambulance service: PROVIDED, That such legislation may not provide for the establishment of any system which would compete with any existing private system. [1972 ex.s. c 89 § 1.]
Intent—1987 c 202: See note following RCW 2.04.190.
36.01.104 Levy for emergency medical care and services. See RCW 84.52.069.
36.01.104
36.01.070 Probation and parole services. Notwithstanding the provisions of chapter 72.01 RCW or any other
provision of law, counties may engage in probation and
parole services and employ personnel therefor under such
terms and conditions as any such county shall so determine.
If a county elects to assume responsibility for the supervision
of superior court misdemeanant offenders placed on probation under RCW 9.92.060 or 9.95.210, the county may contract with other counties to receive or provide such probation
services. A county may also enter into partnership agreements with the department of corrections under RCW
72.09.300. [1996 c 298 § 7; 1967 c 200 § 9.]
36.01.070
Severability—1967 c 200: See note following RCW 9.45.122.
Indeterminate sentences: Chapter 9.95 RCW.
36.01.080 Parking facilities—Construction, operation and rental charges. Counties may construct, maintain,
operate and collect rentals for parking facilities as a part of a
courthouse or combined county-city building facility. [1969
ex.s. c 8 § 1.]
36.01.105 Fire protection, ambulance or other emergency services provided by municipal corporation within
county—Financial and other assistance authorized. See
RCW 36.32.470.
36.01.105
36.01.110 Federal grants and programs—Powers
and authority of counties to participate in—Public corporations, commissions or authorities. See RCW 35.21.730
through 35.21.755.
36.01.110
36.01.115 Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility. See chapter 80.58 RCW.
36.01.115
36.01.080
Revenue bonds for parking facilities: RCW 36.67.520.
36.01.085 Economic development programs. It shall
be in the public purpose for all counties to engage in economic development programs. In addition, counties may contract with nonprofit corporations in furtherance of this and
other acts relating to economic development. [1985 c 92 § 2.]
36.01.085
36.01.090 Tourist promotion.
36.01.090
See RCW 36.32.450.
36.01.095 Emergency medical services—Authorized—Fees. Any county may establish a system of emergency medical service as defined by *RCW 18.73.030(11).
The county legislative authority may adopt by resolution procedures to collect reasonable fees in order to reimburse the
county in whole or in part for its costs of providing such service: PROVIDED, That any county which provides emergency medical services supported by an excess levy may
waive such charges for service: PROVIDED FURTHER,
That whenever the county legislative authority determines
that the county or a substantial portion of the county is not
adequately served by existing private ambulance service, and
existing private ambulance service cannot be encouraged to
expand service on a contract basis, the emergency medical
service that is established by the county shall not be deemed
to compete with any existing private ambulance service as
provided for in RCW 36.01.100. [1975 1st ex.s. c 147 § 1.]
36.01.095
*Reviser’s note: RCW 18.73.030 was amended by 2000 c 93 § 16,
changing subsection (11) to subsection (9).
36.01.100 Ambulance service authorized—Restriction. The legislative authority of any county may by appro36.01.100
[Title 36 RCW—page 6]
36.01.120 Foreign trade zones—Legislative finding,
intent. It is the finding of the legislature that foreign trade
zones serve an important public purpose by the creation of
employment opportunities within the state and that the establishment of zones designed to accomplish this purpose is to
be encouraged. It is the further intent of the legislature that
the department of community, trade, and economic development provide assistance to entities planning to apply to the
United States for permission to establish such zones. [1995 c
399 § 40; 1985 c 466 § 44; 1977 ex.s. c 196 § 5.]
36.01.120
Effective date—Severability—1985 c 466: See notes following RCW
43.31.125.
Effective date—1977 ex.s. c 196: See note following RCW 24.46.010.
36.01.125 Foreign trade zones—Authority to apply
for permission to establish, operate and maintain. A
county, as zone sponsor, may apply to the United States for
permission to establish, operate, and maintain foreign trade
zones: PROVIDED, That nothing herein shall be construed
to prevent these zones from being operated and financed by a
private corporation(s) on behalf of such county acting as zone
sponsor. [1977 ex.s. c 196 § 6.]
36.01.125
Effective date—1977 ex.s. c 196: See note following RCW 24.46.010.
36.01.130 Controls on rent for residential structures—Prohibited—Exceptions. The imposition of controls on rent is of statewide significance and is preempted by
the state. No county may enact, maintain or enforce ordinances or other provisions which regulate the amount of rent
to be charged for single family or multiple unit residential
rental structures or sites other than properties in public ownership, under public management, or properties providing
low-income rental housing under joint public-private agreements for the financing or provision of such low-income
rental housing. This section shall not be construed as prohibiting any county from entering into agreements with private
36.01.130
(2008 Ed.)
General Provisions
persons which regulate or control the amount of rent to be
charged for rental properties. [1991 c 363 § 43; 1981 c 75 §
2.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Applicability to floating home moorage sites—Severability—1981 c
75: See notes following RCW 35.21.830.
36.01.150 Facilitating recovery from Mt. St. Helens
eruption—Scope of local government action. All entities
of local government and agencies thereof are authorized to
take action as follows to facilitate recovery from the devastation of the eruption of Mt. St. Helens:
(1) Cooperate with the state, state agencies, and the
United States Army Corps of Engineers and other agencies of
the federal government in planning dredge site selection and
dredge spoils removal;
(2) Counties and cities may re-zone areas and sites as
necessary to facilitate recovery operations;
(3) Counties may manage and maintain lands involved
and the deposited dredge spoils; and
(4) Local governments may assist the Army Corps of
Engineers in the dredging and dredge spoils deposit operations. [1982 c 7 § 3.]
36.01.150
Severability—1982 c 7: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1982 c 7 § 11.]
Facilitating recovery from Mt. St. Helens eruption—Legislative findings—
Purpose: RCW 43.01.200.
Scope of state agency action: RCW 43.01.210.
36.01.160 Penalty for act constituting a crime under
state law—Limitation. Except as limited by the maximum
penalty authorized by law, no county may establish a penalty
for an act that constitutes a crime under state law that is different from the penalty prescribed for that crime by state statute. [1993 c 83 § 2.]
36.01.160
Effective date—1993 c 83: See note following RCW 35.21.163.
36.01.170 Administration of trusts benefiting school
districts. Any county authorized by territorial law to administer moneys held in trust for the benefit of school districts
within the county, which moneys were bequeathed for such
purposes by testamentary provision, may dissolve any trust,
the corpus of which does not exceed fifty thousand dollars,
and distribute any moneys remaining in the trust to school
districts within the county. Before dissolving the trust, the
county must adopt a resolution finding that conditions have
changed and it is no longer feasible for the county to administer the trust. [1998 c 65 § 1.]
36.01.170
36.01.180 Zoo and aquarium advisory authority—
Constitution—Terms. (1) For any county in which a proposition authorized by RCW 82.14.400 has been passed, there
shall be created a zoo and aquarium advisory authority.
(2) The initial board of the authority shall be constituted
as follows:
(a) Three members appointed by the county legislative
authority to represent unincorporated areas;
36.01.180
(2008 Ed.)
36.01.200
(b) Two members appointed by the legislative authority
of the city with the largest population within the county; and
(c) Two members jointly appointed by the legislative
authorities of the remaining cities within the county representing at least sixty percent of the combined populations of
those cities.
(3) Board members shall hold office for whatever terms
are determined by their appointing authorities, except that no
term may be less than one year nor more than three years, in
duration. However, a vacancy may be filled by an appointment for a term less than twelve months in duration. [1999 c
104 § 4.]
36.01.190 Initial meeting of zoo and aquarium advisory authority—Expenditure of funds—Powers. (1) Upon
certification by the county auditor or, in the case of a home
rule county, upon certification by the chief elections officer,
that a proposition authorized under the terms of RCW
82.14.400 has received a majority of votes cast on the proposition, the county legislative authority shall convene an initial
meeting of the zoo and aquarium advisory authority.
(2) Consistent with any agreement between the local
governments specified in RCW 82.14.400(1) in requesting an
election, the zoo and aquarium advisory authority has authority to expend such funds as it may receive on those purposes
set out in RCW 82.14.400(4). In addition, and consistent with
any limitation placed on the powers of the authority in such
an agreement, the zoo and aquarium advisory authority may
exercise the following powers:
(a) Acquire by purchase, gift, or grant and lease, construct, add to, improve, replace, repair, maintain, operate, and
regulate the use of any zoo, aquarium, and wildlife preservation and display facilities and properties, together with all
lands, rights-of-way, property, equipment, and accessories
necessary for those facilities;
(b) Contract with the United States or any agency
thereof, any state or agency thereof, any metropolitan municipal corporation, any other county, city, special district, or
governmental agency, and any private person, firm, or corporation for the purpose of receiving gifts or grants or securing
loans or advances for preliminary planning and feasibility
studies, or for the design, construction, operation, or maintenance of zoo, aquarium, and wildlife preservation and display
facilities;
(c) Contract with any governmental agency or with a private person, firm, or corporation for the use by either contracting party of all or any part of the facilities, structures,
lands, interests in lands, air rights over lands, and rights-ofway of all kinds which are owned, leased, or held by the other
party, and for the purpose of planning, constructing, or operating any facility or performing any service related to zoos,
aquariums, and wildlife preservation and display facilities;
(d) Fix rates and charges for the use of those facilities;
(e) Sue and be sued in its corporate capacity in all courts
and in all proceedings. [1999 c 104 § 3.]
36.01.190
36.01.200 Federal funds designated for state
schools—Use limited to reduction of outstanding debt
obligations of school districts. The county legislative
authority of any county that receives payment in lieu of taxes
36.01.200
[Title 36 RCW—page 7]
36.01.210
Title 36 RCW: Counties
and payment equal to tax funds from the United States
department of energy under section 168 of the federal atomic
energy act of 1954 and nuclear waste policy act of 1982 and
that has an agreed settlement or a joint stipulation dated
before January 1, 1998, which agreed settlement or joint stipulation includes funds designated for state schools, may
direct the county treasurer to distribute those designated
funds to reduce the outstanding debt of the school districts
within the county. Any such funds shall be divided among the
school districts based upon the same percentages that each
district’s current assessed valuation is of the total assessed
value for all eligible school districts if the district has outstanding debt that equals or exceeds the amount of its distribution. If the district does not have outstanding debt that
equals or exceeds the amount of its distribution, any amount
above the outstanding debt shall be reallocated to the remaining eligible districts. Any funds received before January 1,
1999, shall be distributed using the percentages calculated for
1998. The county treasurer shall apply the funds to any outstanding debt obligation selected by the respective school
districts. [1999 c 19 § 1.]
36.01.210 Rail fixed guideway system—Safety program plan and security and emergency preparedness
plan. (1) Each county functioning under chapter 36.56 RCW
that owns or operates a rail fixed guideway system as defined
in RCW 81.104.015 shall submit a system safety program
plan and a system security and emergency preparedness plan
for that guideway to the state department of transportation by
September 1, 1999, or at least one hundred eighty calendar
days before beginning operations or instituting revisions to
its plans. These plans must describe the county’s procedures
for (a) reporting and investigating reportable accidents, unacceptable hazardous conditions, and security breaches, (b)
submitting corrective action plans and annual safety and
security audit reports, (c) facilitating on-site safety and security reviews by the state department of transportation, and (d)
addressing passenger and employee security. The plans
must, at a minimum, conform to the standards adopted by the
state department of transportation. If required by the department, the county shall revise its plans to incorporate the
department’s review comments within sixty days after their
receipt, and resubmit its revised plans for review.
(2) Each county functioning under chapter 36.56 RCW
shall implement and comply with its system safety program
plan and system security and emergency preparedness plan.
The county shall perform internal safety and security audits
to evaluate its compliance with the plans, and submit its audit
schedule to the department of transportation no later than
December 15th each year. The county shall prepare an
annual report for its internal safety and security audits undertaken in the prior year and submit it to the department no later
than February 15th. This annual report must include the
dates the audits were conducted, the scope of the audit activity, the audit findings and recommendations, the status of any
corrective actions taken as a result of the audit activity, and
the results of each audit in terms of the adequacy and effectiveness of the plans.
(3) Each county shall notify the department of transportation within two hours of an occurrence of a reportable accident, unacceptable hazardous condition, or security breach.
36.01.210
[Title 36 RCW—page 8]
The department may adopt rules further defining a reportable
accident, unacceptable hazardous condition, or security
breach. The county shall investigate all reportable accidents,
unacceptable hazardous conditions, or security breaches and
provide a written investigation report to the department
within forty-five calendar days after the reportable accident,
unacceptable hazardous condition, or security breach.
(4) The system security and emergency preparedness
plan required in subsection (1)(d) of this section is exempt
from public disclosure under chapter 42.56 RCW. However,
the system safety program plan as described in this section is
not subject to this exemption. [2007 c 422 § 3; 2005 c 274 §
268; 1999 c 202 § 3.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Effective date—1999 c 202: See note following RCW 35.21.228.
36.01.220 Mobile home, manufactured home, or
park model moving or installing—Copies of permits—
Definitions. (1) A county shall transmit a copy of any permit
issued to a tenant or the tenant’s agent for a mobile home,
manufactured home, or park model installation in a mobile
home park to the landlord.
(2) A county shall transmit a copy of any permit issued
to a person engaged in the business of moving or installing a
mobile home, manufactured home, or park model in a mobile
home park to the tenant and the landlord.
(3) As used in this section:
(a) "Landlord" has the same meaning as in RCW
59.20.030;
(b) "Mobile home park" has the same meaning as in
RCW 59.20.030;
(c) "Mobile or manufactured home installation" has the
same meaning as in *RCW 43.63B.010; and
(d) "Tenant" has the same meaning as in RCW
59.20.030. [1999 c 359 § 20.]
36.01.220
*Reviser’s note: RCW 43.63B.010 was recodified as RCW
43.22A.010 pursuant to 2007 c 432 § 13.
Effective date—1999 c 359: See RCW 59.20.901.
36.01.225 Authority to regulate placement or use of
homes—Regulation of manufactured homes—Restrictions on location of mobile homes or manufactured
homes. (1) A county may not adopt an ordinance that has the
effect, directly or indirectly, of discriminating against consumers’ choices in the placement or use of a home in such a
manner that is not equally applicable to all homes. Homes
built to 42 U.S.C. Sec. 5401-5403 standards (as amended in
2000) must be regulated for the purposes of siting in the same
manner as site built homes, factory built homes, or homes
built to any other state construction or local design standard.
However, except as provided in subsection (2) of this section,
any county may require that:
(a) A manufactured home be a new manufactured home;
(b) The manufactured home be set upon a permanent
foundation, as specified by the manufacturer, and that the
space from the bottom of the home to the ground be enclosed
by concrete or an approved concrete product which can be
either load bearing or decorative;
36.01.225
(2008 Ed.)
County Boundaries
(c) The manufactured home comply with all local design
standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;
(d) The home is thermally equivalent to the state energy
code; and
(e) The manufactured home otherwise meets all other
requirements for a designated manufactured home as defined
in RCW 35.63.160.
(2) A county may not adopt an ordinance that has the
effect, directly or indirectly, of restricting the location of
mobile homes or manufactured homes in mobile home parks
or manufactured housing communities, as defined in RCW
59.20.030, which were legally in existence before June 12,
2008, based exclusively on the age or dimensions of the
mobile home or manufactured home. This does not preclude
a county from restricting the location of a mobile home or
manufactured home in mobile home parks or manufactured
housing communities for any other reason including, but not
limited to, failure to comply with fire, safety, or other local
ordinances or state laws related to mobile homes and manufactured homes.
(3) This section does not override any legally recorded
covenants or deed restrictions of record.
(4) This section does not affect the authority granted
under chapter 43.22 RCW. [2008 c 117 § 3; 2004 c 256 § 4.]
Findings—Intent—Effective date—2004 c 256: See notes following
RCW 35.21.684.
36.01.230 Cooperative watershed management. A
county may, acting through the county legislative authority,
participate in and expend revenue on cooperative watershed
management actions, including watershed management partnerships under RCW 39.34.210 and other intergovernmental
agreements, for purposes of water supply, water quality, and
water resource and habitat protection and management.
[2003 c 327 § 8.]
36.01.230
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
36.01.240 Regulation of financial transactions—
Limitations. A county or governmental entity subject to this
title may not regulate the terms, conditions, or disclosures of
any lawful financial transaction between a consumer and (1)
a business or professional under the jurisdiction of the department of financial institutions, or (2) any financial institution
as defined under RCW 30.22.041. [2005 c 338 § 4.]
36.01.240
Chapter 36.04
gases emissions, of such utility and other proprietary or user
or ratepayer funded activity. The mitigation may include, but
is not limited to, all greenhouse gases mitigation mechanisms
recognized by independent, qualified organizations with
proven experience in emissions mitigation activities. Mitigation mechanisms may include the purchase, trade, and banking of carbon offsets or credits. Ratepayer funds, fees, or
other revenue dedicated to a county utility or other proprietary or user or ratepayer funded activity may be spent to
reduce or mitigate the environmental impacts of greenhouse
gases emitted as a result of that function. If a state greenhouse gases registry is established, the county that has purchased, traded, or banked greenhouse gases mitigation mechanisms under this section shall receive credit in the registry.
[2007 c 349 § 6.]
Findings—Intent—2007 c 349 § 6: "The legislature finds and declares
that greenhouse gases offset contracts, credits, and other greenhouse gases
mitigation efforts are a recognized utility purpose that confers a direct benefit on the utility’s ratepayers. The legislature also finds and declares that
greenhouse gases offset contracts, credits, and other greenhouse gases mitigation efforts are a recognized purpose of other county proprietary activities
that are funded by users and ratepayers, and that such mitigation efforts confer a direct benefit on such payers. The legislature declares that section 6 of
this act is intended to reverse the result of Okeson v. City of Seattle (January
18, 2007), by expressly granting counties the statutory authority to engage in
mitigation activities to offset the impact on the environment of their utilities
and certain other proprietary and user and ratepayer funded activities."
[2007 c 349 § 5.]
36.01.260 Evergreen community ordinances. (1) Any
county may adopt evergreen community ordinances, as that
term is defined in RCW 35.105.010, which the county must
apply to new building or land development in the unincorporated portions of the county’s urban growth areas, as that
term is defined in RCW 36.70A.030, and may apply to other
areas of the county as deemed appropriate by the county.
(2) As an alternative to subsection (1) of this section, a
city or town may request that the county in which it is located
apply to any new building or land development permit in the
unincorporated portions of the urban growth areas, as defined
in RCW 36.70A.030, the evergreen community ordinances
standards adopted under RCW 35.105.090 by the city or
town in the county located closest to the proposed building or
development. [2008 c 299 § 15.]
36.01.260
Short title—2008 c 299: See note following RCW 35.105.010.
Chapter 36.04
Finding—Intent—2005 c 338: See note following RCW 35.21.698.
Chapter 36.04 RCW
COUNTY BOUNDARIES
Sections
36.01.250 Environmental mitigation activities. (1)
Any county authorized to acquire and operate utilities or conduct other proprietary or user or ratepayer funded activities
may develop and make publicly available a plan for the
county to reduce its greenhouse gases emissions or achieve
no-net emissions from all sources of greenhouse gases that
such county utility or proprietary or user or ratepayer funded
activity owns, operates, leases, uses, contracts for, or otherwise controls.
(2) Any county authorized to acquire and operate utilities
or conduct other proprietary or user or ratepayer funded
activities may, as part of such utility or activity, reduce or
mitigate the environmental impacts, such as greenhouse
36.01.250
(2008 Ed.)
36.04.010
36.04.020
36.04.030
36.04.040
36.04.050
36.04.060
36.04.070
36.04.080
36.04.090
36.04.100
36.04.110
36.04.120
36.04.130
36.04.140
36.04.150
36.04.160
36.04.170
Adams county.
Asotin county.
Benton county.
Chelan county.
Clallam county.
Clark county.
Columbia county.
Cowlitz county.
Douglas county.
Ferry county.
Franklin county.
Garfield county.
Grant county.
Grays Harbor county.
Island county.
Jefferson county.
King county.
[Title 36 RCW—page 9]
36.04.010
36.04.180
36.04.190
36.04.200
36.04.210
36.04.220
36.04.230
36.04.240
36.04.250
36.04.260
36.04.270
36.04.280
36.04.290
36.04.300
36.04.310
36.04.320
36.04.330
36.04.340
36.04.350
36.04.360
36.04.370
36.04.380
36.04.390
36.04.400
Title 36 RCW: Counties
Kitsap county.
Kittitas county.
Klickitat county.
Lewis county.
Lincoln county.
Mason county.
Okanogan county.
Pacific county.
Pend Oreille county.
Pierce county.
San Juan county.
Skagit county.
Skamania county.
Snohomish county.
Spokane county.
Stevens county.
Thurston county.
Wahkiakum county.
Walla Walla county.
Whatcom county.
Whitman county.
Yakima county.
Survey of county boundaries.
Reviser’s note: For the reasons set out in the second paragraph of the
explanatory note appended to chapter 4, Laws of 1963, the session laws comprising chapter 36.04 RCW were neither repealed nor reenacted in the 1963
reenactment of Title 36 RCW. Pending reenactment of this chapter, it is
herein republished as revised by the 1941 code committee; for rules of construction concerning such revision, see RCW 1.04.020 and 1.04.021.
36.04.010 Adams county. Adams county shall consist
of the territory bounded as follows, to wit: Beginning at the
northwest corner of township fourteen north, range twentyeight east of the Willamette Meridian; running thence north
to the fourth standard parallel; thence east to the Columbia
River Guide Meridian; thence north to the fifth standard parallel; thence east on said parallel to the line between the
ranges thirty-eight and thirty-nine; thence south on said line
to where it intersects the Palouse river in township sixteen;
thence down said river to where the line between townships
fourteen and fifteen crosses said river; thence west on said
line to place of beginning. [1883 p 93 § 1; RRS § 3924.]
36.04.010
36.04.020 Asotin county. Asotin county shall consist
of the territory bounded as follows, to wit: Commencing at a
point in the channel of Snake river on the township line
between ranges forty-four and forty-five east, Willamette
Meridian; thence running south to the northwest corner of
section thirty, township eleven north, range forty-five east,
Willamette Meridian; thence west six miles; south one mile;
west two miles; south one mile; west one mile to the northwest corner of section three in township ten north, of range
forty-three east, Willamette Meridian; thence south eighteen
miles; thence west three miles; thence south to the Oregon
line; thence east on said line to the midchannel of Snake
river; thence down the midchannel of Snake river to the place
of beginning. [1883 p 96 § 1; RRS § 3925.]
36.04.020
36.04.030 Benton county. Benton county shall consist
of the territory bounded as follows, to wit: Beginning at the
point of intersection of the middle of the main channel of the
Columbia river with the township line between township thirteen north, range twenty-three east, and township thirteen
north, range twenty-four east, Willamette Meridian; thence
running south along the township line, being the line between
range twenty-three east and range twenty-four east to the line
between Yakima county and Klickitat county; thence south
along the township lines, being the lines between ranges
36.04.030
[Title 36 RCW—page 10]
twenty-three east and twenty-four east, to the point of intersection with the middle of the main channel of the Columbia
river, or to its intersection with the line between the states of
Washington and Oregon; thence northeasterly, northerly and
northwesterly and westerly along the middle of the main
channel of the Columbia river and up said stream to the place
of beginning. [1905 c 89 § 1; RRS § 3926.]
36.04.040
36.04.040 Chelan county. Chelan county shall consist
of the territory bounded as follows, to wit: Beginning at the
point of intersection of the middle of the main channel of the
Columbia river with the fifth standard parallel north, thence
running west along said fifth standard parallel north to the
point where said fifth standard parallel north intersects the
summit of the main divide between the waters flowing northerly and easterly into the Wenatchee and Columbia rivers,
and the waters flowing southerly and westerly into the
Yakima river, thence in a general northwesterly direction
along the summit of said main divide between the waters
flowing northerly and easterly into the Wenatchee and
Columbia rivers and the waters flowing southerly and westerly into the Yakima river, following the course of the center
of the summit of the watershed dividing the said respective
waters, to the center of the summit of the Cascade mountains,
at the eastern boundary line of King county; thence north
along the east boundary lines of King, Snohomish and Skagit
counties to the point upon the said east boundary of Skagit
county, where said boundary is intersected by the watershed
between the waters flowing northerly and easterly into the
Methow river and the waters flowing southerly and westerly
into Lake Chelan, thence in a general southeasterly direction
along the summit of the main divide between the waters flowing northerly and easterly into the Methow river and the
waters flowing westerly and southerly into Lake Chelan and
its tributaries; following the course of the center of the summit of the watershed dividing said respective waters, to the
point where the seventh standard parallel north intersects said
center of the summit of said watershed; thence east along the
said seventh standard parallel north to the point of intersection of the middle of the main channel of the Columbia river
with said seventh standard parallel north; thence down the
middle of the main channel of the Columbia river to the point
of beginning. [1899 c 95 § 1; RRS § 3928.]
36.04.050
36.04.050 Clallam county. Clallam county shall consist of the territory bounded as follows, to wit: Commencing
at the northwest corner of Jefferson county at a point opposite
the middle of the channel between Protection Island and Diamond Point on the west of Port Discovery Bay; thence following up the middle of said channel to a point directly east
of the mouth of Eagle creek; thence west to the mouth of
Eagle creek; thence one mile west from the mouth of said
creek; thence south to the north boundary line of township
twenty-seven north, range two west; thence west to the west
boundary of the state in the Pacific Ocean; thence northerly
along said boundary to a point marking the north terminus of
the west boundary of the state in the Pacific Ocean opposite
the Strait of Juan de Fuca; thence easterly along said Strait of
Juan de Fuca, where it forms the boundary between the state
and British possessions, to the place of beginning. [(i) 1869
(2008 Ed.)
County Boundaries
p 292 § 1; 1867 p 45 § 1; 1854 p 472 § 1; RRS § 3929. (ii)
1925 ex.s. c 40 § 1; RRS § 3963-1.]
36.04.060
36.04.060 Clark county. Clark county shall consist of
the territory bounded as follows, to wit: Commencing at the
Columbia river opposite the mouth of Lewis river; thence up
Lewis river to the forks of said river; thence up the north fork
of Lewis river to where said north fork of Lewis river intersects the range line between ranges four and five east; thence
due south to the Columbia river; thence with the main channel of said river to the place of beginning. [(i) 1873 p 561 §
1; 1871 p 153 § 1; 1869 p 295 § 1; RRS § 3930. (ii) 1925 ex.s.
c 51 § 1; RRS § 3930-1.]
36.04.070
36.04.070 Columbia county. Columbia county shall
consist of the territory bounded as follows, to wit: Commencing at a point in the middle of the channel of Snake
river, where the range line between ranges thirty-six and
thirty-seven east of the Willamette Meridian intersects said
point; thence south on said range line to the northwest corner
of township nine north, range thirty-seven east; thence east
on the north boundary line of township nine north, range
thirty-seven east, to the northeast corner of said township;
thence south on the line between ranges thirty-seven and
thirty-eight east of the Willamette Meridian, to the northwest
corner of township eight north, range thirty-eight east; thence
along the north boundary line of township eight north, range
thirty-eight east, to the northeast corner of said township;
thence due south to the line dividing the state of Washington
from the state of Oregon; thence due east on said dividing
line to the range line between ranges forty-one and forty-two
east; thence north on said range line to the corner of sections
thirteen, eighteen, nineteen and twenty-four, township ten
north, ranges forty-one and forty-two east; thence west three
miles; thence north three miles; thence west one mile; thence
north one mile; thence west one mile; thence north three
miles; thence west one mile; thence north to the southwest
corner of township twelve north, range forty-one east; thence
west on township line six miles; thence north on range line
between ranges thirty-nine and forty to a point in the midchannel of Snake river; thence down the midchannel of said
river to the place of beginning. [(i) 1 H.C. §6; 1875 p 133 §
1; RRS § 3931. (ii) 1879 p 226 § 1; RRS § 3960-1. (iii) 1881
p 175 § 1; RRS § 3936.]
36.04.080
36.04.080 Cowlitz county. Cowlitz county shall consist of the territory bounded as follows, to wit: Commencing
at the Columbia river opposite the mouth of Lewis river;
thence up Lewis river to the forks of said river; thence up the
north fork of Lewis river to where said north fork of Lewis
river intersects the range line between ranges four and five
east; thence north to the line between townships ten and
eleven north; thence west to the first section line east of the
range line between ranges four and five west; thence south on
said line to the Columbia river, and up the Columbia river to
the place of beginning. [1873 p 561 § 1; 1871 p 153 § 1; 1869
p 295 § 1; 1867 p 48 § 1; 1855 p 39; 1854 p 471 § 1; RRS §
3932.]
(2008 Ed.)
36.04.120
36.04.090 Douglas county. Douglas county shall consist of the territory bounded as follows, to wit: Beginning at
the point where the Columbia Guide Meridian intersects the
Columbia river on the northern boundary of Lincoln county;
thence running south on said Columbia Guide Meridian to
the township line between townships sixteen and seventeen
north; thence running west on said township line to the range
line between ranges twenty-seven and twenty-eight east;
thence south on said range line to the section line between
sections twenty-four and twenty-five in township fourteen
north, range twenty-seven east; thence west on said section
line to the midchannel of the Columbia river; thence up said
channel of said river to the place of beginning, excepting
therefrom the territory hereinafter constituted as Grant
county. [1883 p 95 § 1; RRS § 3933. (Grant county, 1909 c
17 § 1; RRS § 3937.)]
36.04.090
36.04.100 Ferry county. Ferry county shall consist of
the territory bounded as follows, to wit: Commencing at the
point where the east boundary line of Okanogan county intersects the Columbia river; thence up the midchannel of the
Columbia river to the mouth of Kettle river; thence up the
midchannel of Kettle river to the boundary line between the
United States and British Columbia; thence westerly along
the said boundary line to the intersection thereof with the said
east boundary line of Okanogan county; thence southerly
along the said boundary line to the place of beginning. [1899
c 18 § 1; RRS § 3934.]
36.04.100
36.04.110 Franklin county. Franklin county shall consist of the territory bounded as follows, to wit: Beginning at
a point where the midchannel of the Snake river intersects
that of the Columbia river, and running thence up the Columbia river to a point where the section line between sections
twenty-one and twenty-eight, township fourteen north, range
twenty-seven east, Willamette Meridian, strikes the main
body of the Columbia river, on the east side of the island;
thence east on said section line to range line between ranges
twenty-seven and twenty-eight east; thence north on said
range line to the north boundary of township fourteen; thence
east on said north boundary of township fourteen to the Palouse river; thence down said river to midchannel of Snake
river; thence down Snake river to place of beginning. [1883
p 87 § 1; RRS § 3935.]
36.04.110
36.04.120 Garfield county. Garfield county shall consist of the territory bounded as follows, to wit: Commencing
at a point in the midchannel of Snake river on range line
between ranges thirty-nine and forty east, W.M.; thence on
said line south to the southwest corner of township twelve
north, range forty; thence east on township line six miles;
thence south to the southwest corner of section seven, township eleven north, range forty-one east; thence east one mile;
thence south three miles; thence east one mile; thence south
one mile; thence east one mile; thence south three miles;
thence east three miles; thence south on township line to the
Oregon line; thence due east on said line six miles to the
southwest corner of Asotin county; thence northerly following the westerly boundary of Asotin county to a point where
the same intersects the midchannel of Snake river; thence
36.04.120
[Title 36 RCW—page 11]
36.04.130
Title 36 RCW: Counties
down the said midchannel of Snake river to the point of
beginning. [1883 p 96 § 1; 1881 p 175 § 1; RRS § 3936.]
36.04.130 Grant county. Grant county shall consist of
the territory bounded as follows, to wit: Beginning at the
southeast corner of township seventeen north, range thirty
east of the Willamette Meridian, thence running west on the
township line between townships sixteen and seventeen to
the range line between ranges twenty-seven and twentyeight; thence south on said range line to the section line
between sections twenty-four and twenty-five in township
fourteen north, range twenty-seven east; thence west on said
section line to the midchannel of the Columbia river; thence
up the channel of the river to a point, thence at right angles to
the course of said channel to the meander corner of section
thirteen, township twenty north, range twenty-two east Willamette Meridian, and section eighteen, township twenty
north, range twenty-three east Willamette Meridian; thence
north along the range line between ranges twenty-two and
twenty-three to the northwest corner of section eighteen,
township twenty-one north, range twenty-three east Willamette Meridian; thence east one mile to the southeast corner section seven, township twenty-one, range twenty-three
east; north one mile to the northwest corner section eight,
township twenty-one, range twenty-three east; east one mile
to the southeast corner of section five, township twenty-one,
range twenty-three east; north one mile to the northeast corner section five, township twenty-one, range twenty-three
east; east one mile to the northeast corner of section four,
township twenty-one, range twenty-three east; north one mile
to the southeast corner section twenty-eight, township
twenty-two, range twenty-three east; east one mile to the
southeast corner section twenty-seven, township twenty-two,
range twenty-three east; north two miles to the northeast corner of section twenty-two, township twenty-two, range
twenty-three east; east one mile to the southeast corner of
section fourteen, township twenty-two, range twenty-three
east; north one mile to the southeast corner section eleven,
township twenty-two, range twenty-three east; east one mile
to the southeast corner of section twelve, township twentytwo, range twenty-three east; north two miles to the northwest corner of section six, township twenty-two north, range
twenty-four east; east sixteen miles to the northeast corner of
section three, township twenty-two north, range twenty-six
east; north six miles to the northeast corner of section three,
township twenty-three north, range twenty-six east; east one
mile to the northeast corner of section two, township twentythree north, range twenty-six east; north one mile to the
northeast corner of section thirty-five, township twenty-four
north, range twenty-six east; east one mile to the southeast
corner of section twenty-five, township twenty-four north,
range twenty-six east; north one mile to the southeast corner
of section twenty-four, township twenty-four north, range
twenty-six east; east one mile to the southeast corner of section nineteen, township twenty-four north, range twentyseven east; north one mile to the southeast corner of section
eighteen, township twenty-four north, range twenty-seven
east; east one mile to the southeast corner of section seventeen, township twenty-four north, range twenty-seven east;
north one mile to the southeast corner of section eight, township twenty-four north, range twenty-seven east; east one
36.04.130
[Title 36 RCW—page 12]
mile to the southeast corner of section nine, township twentyfour north, range twenty-seven east; north one mile to the
southeast corner of section four, township twenty-four north,
range twenty-seven east; east one mile to the southeast corner
of section three, township twenty-four, range twenty-seven
east; north one mile to the northeast corner of section three,
township twenty-four, range twenty-seven east; east three
miles to the southeast corner of section thirty-one, township
twenty-five north, range twenty-eight east; north one mile to
the southeast corner of section thirty, township twenty-five
north, range twenty-eight east; east one mile to the southeast
corner of section twenty-nine, township twenty-five north,
range twenty-eight east; north three miles to the southeast
corner of section eight, township twenty-five north, range
twenty-eight east; east one mile to the southeast corner of
section nine, township twenty-five north, range twenty-eight
east; north four miles to the southeast corner of section
twenty-one, township twenty-six north, range twenty-eight
east; east one mile to the southeast corner of section twentytwo, township twenty-six north, range twenty-eight east;
north one mile to the southeast corner of section fifteen,
township twenty-six north, range twenty-eight east; east one
mile to the southeast corner of section fourteen, township
twenty-six north, range twenty-eight east; north two miles to
the southeast corner of section two, township twenty-six
north, range twenty-eight east; east one mile to the southeast
corner of section one, township twenty-six north, range
twenty-eight east; north two miles to the southeast corner of
section twenty-five, township twenty-seven north, range
twenty-eight east; east one mile to the southeast corner of
section thirty, township twenty-seven north, range twentynine east; north six miles to the southeast corner of section
thirty, township twenty-eight north, range twenty-nine east;
east one mile to the southeast corner of section twenty-nine,
township twenty-eight north, range twenty-nine east; north
one mile to the southeast corner of section twenty, township
twenty-eight north, range twenty-nine east; east two miles to
the southeast corner of section twenty-two, township twentyeight north, range twenty-nine east; north one mile to the
southeast corner of section fifteen, township twenty-eight
north, range twenty-nine east; east one mile to the southeast
corner of section fourteen, township twenty-eight north,
range twenty-nine east; north two miles to the southeast corner of section two, township twenty-eight north, range
twenty-nine east; east one mile to the southeast corner of section one, township twenty-eight north, range twenty-nine
east; north one mile to the northeast corner of section one,
township twenty-eight north, range twenty-nine east; thence
east along township line between townships twenty-eight and
twenty-nine to the midchannel of the Columbia river; thence
up said channel of said river to the point where the Columbia
Guide Meridian intersects said channel; thence running south
on said Columbia Guide Meridian to the place of beginning.
[1909 c 17 § 1; RRS § 3937.]
36.04.140 Grays Harbor county. Grays Harbor county
shall consist of the territory bounded as follows, to wit: Commencing at the northeast corner of Pacific county; thence
west to the west boundary of the state in the Pacific Ocean;
thence northerly along said boundary, including Gray’s Harbor, to a point opposite the mouth of Queets river; thence east
36.04.140
(2008 Ed.)
County Boundaries
to the west boundary line of Mason county; thence south to
the northeast corner of township eighteen north, range seven
west; thence east fourteen miles to the southeast corner of
section thirty-two, township nineteen north, range four west;
thence south six miles to the southeast corner of section
thirty-two in township eighteen north, range four west;
thence east two miles to the southeast corner of section thirtyfour in the same township; thence south to a point due east of
the northeast corner of Pacific county; thence west to the
place of beginning. [(i) 1 H.C. §3; 1873 p 482 § 1; 1869 p
296 § 1; RRS § 3927. (ii) 1915 c 77 § 1; RRS § 3938. (iii)
1925 ex.s. c 40 § 1; RRS § 3963-1.]
36.04.150 Island county. Island county shall consist of
all of the islands known as Whidbey, Camano, Smith, Deception, Strawberry, Baby, Minor, Kalamut, and Ben Ure and
shall extend into the adjacent channels to connect with the
boundaries of adjoining counties as defined by statute. [2006
c 146 § 1; 1891 c 119 p 217 § 1; 1877 p 425 §§ 1, 2; 1869 p
292 § 1; 1868 p 68 § 1; 1867 p 46 § 1; RRS § 3939.]
36.04.150
36.04.160 Jefferson county. Jefferson county shall
consist of the territory bounded as follows, to wit: Commencing at the middle of the channel of Admiralty Inlet due
north of Point Wilson; thence westerly along the Strait of
Juan de Fuca to the north of Protection Island, to a point
opposite the middle of the channel between Protection Island
and Diamond Point on the west of Port Discovery Bay;
thence following up the middle of said channel to a point
direct east of the mouth of Eagle creek; thence west to the
mouth of Eagle creek; thence one mile west from the mouth
of said creek; thence south to the summit of the Olympic
range of mountains, it being the southeast corner of Clallam
county, on the north boundary line of township twenty-seven
north, range two west; thence west to the west boundary of
the state in the Pacific Ocean; thence southerly along said
west boundary to a point opposite the mouth of the Queets
river; thence east to the range line dividing ranges six and
seven west; thence north on said range line to the sixth standard parallel; thence east to the middle of the channel of
Hood Canal; thence northerly along said channel to the middle of the channel of Admiralty Inlet; thence northerly following the channel of said inlet to a point due north of Point
Wilson and place of beginning. [(i) 1 H.C. §12; 1877 p 406 §
1; 1869 p 292 § 1; RRS § 3940. (ii) 1925 ex.s. c 40 § 1; RRS
§ 3963-1.]
36.04.160
36.04.170 King county. King county shall consist of
the territory bounded as follows, to wit: Beginning at the
point of intersection of the center of East Passage (also
known as Admiralty Inlet) on Puget Sound and the northerly
line of the Puyallup Indian Reservation (projected northwesterly); thence southeasterly in a straight line along said northerly line of Puyallup Indian Reservation and same extended
to a point on the east line of section thirty-one, township
twenty-one, north, range four east, Willamette Meridian;
thence south along said east line of section thirty-one, township twenty-one, range four east, Willamette Meridian, to the
township line between township twenty north and township
twenty-one north (being the fifth standard parallel north);
36.04.170
(2008 Ed.)
36.04.190
thence east along said township line between township
twenty north and township twenty-one north to the middle of
the main channel of White river, near the northeast corner of
section three, township twenty north, range five east, Willamette Meridian; thence upstream along the middle of the
main channel of White river to the forks of White river and
Greenwater river; thence upstream along the middle of the
main channel of the Greenwater river to the forks of the
Greenwater river and Meadow creek; thence upstream along
the middle of the main channel of Meadow creek to the summit of the Cascade mountains, at a point known as Naches
Pass, said point lying in the southwest quarter of section
thirty-five, township nineteen north, range eleven east, Willamette Meridian; thence northerly along the summit of the
Cascade mountains to a point on the township line between
township twenty-six north and township twenty-seven north,
said point lying near the north quarter-corner of section three,
township twenty-six north, range thirteen east, Willamette
Meridian; thence west along said township line between
township twenty-six north and twenty-seven north to the
middle of the channel known as Admiralty Inlet on Puget
Sound; thence southerly along said middle of channel known
as Admiralty Inlet through Colvo’s Passage (West Passage)
on the west side of Vashon Island to a point due north of
Point Defiance; thence southeasterly along middle of channel
between Vashon Island and Point Defiance (Dalcos Passage)
to a point due south of Quartermaster Harbor; thence northeasterly along middle of channel known as Admiralty Inlet to
point of beginning. King county is renamed in honor of the
Reverend Doctor Martin Luther King, Jr. [2005 c 90 § 1; 1
H.C. § 13; 1869 p 293 § 1; 1867 p 46 § 1; 1854 p 470 § 1;
RRS § 3941.]
Reviser’s note: Change in boundary by virtue of election in 1901 under
chapter 36.08 RCW incorporated herein.
36.04.180 Kitsap county. Kitsap county shall consist
of the territory bounded as follows, to wit: Commencing in
the middle of Colvo’s Passage at a point due east of the meander post between sections nine and sixteen, on west side of
Colvo’s Passage, in township twenty-two north, range two
east; thence west on the north boundary line of sections sixteen, seventeen and eighteen, to the head of Case’s Inlet;
thence north along the east boundary of Mason county
through the center of townships twenty-two and twentythree, range one west, to the north line of said township
twenty-three; thence due west to the middle of the channel of
Hood Canal; thence along said channel to the middle of the
main channel of Admiralty Inlet; thence following the main
channels of said inlet and Puget Sound up to the middle of
Colvo’s Passage; thence following the channel of said passage to the place of beginning. [1877 p 406 § 1; 1869 p 293
§ 1; 1867 p 46 § 1; 1858 p 51 § 1; RRS § 3942.]
36.04.180
36.04.190 Kittitas county. Kittitas county shall consist
of the territory bounded as follows, to wit: Commencing at a
point where the main channel of the Columbia river crosses
the township line between township fourteen and fifteen
north, range twenty-three east of the Willamette Meridian,
and running thence west on said township line to the range
line between ranges eighteen and nineteen east; thence north
on said range line six miles, or to the township line between
36.04.190
[Title 36 RCW—page 13]
36.04.200
Title 36 RCW: Counties
the townships fifteen and sixteen north; thence west on said
township line to the range line between ranges seventeen and
eighteen east; thence north to the township line between
townships sixteen and seventeen north; thence west along
said township line and a line prolonged due west to the
Naches river; and thence northerly along the main channel of
the Naches river to the summit of the Cascade mountains, or
to the eastern boundary of King county; thence north along
the eastern boundary of King county to the point where such
boundary intersects the summit of the main divide between
the waters flowing northerly and easterly into the Wenatchee
and Columbia rivers and the water flowing southerly and
westerly into the Yakima river; thence in a general southeasterly direction along the summit of such main divide between
the waters flowing northerly and easterly into the Wenatchee
and Columbia rivers and the waters flowing southerly and
westerly into the Yakima river, following the course of the
center of the summit of the watershed dividing such respective waters, to the fifth standard parallel north; thence east
along the fifth standard parallel north to the middle of the
main channel of the Columbia river; thence down the main
channel of the Columbia to the place of beginning. [1899 c
95 § 1; 1886 p 168 § 1; 1883 p 90 § 1; RRS § 3943.]
36.04.200
36.04.200 Klickitat county. Klickitat county shall consist of the territory bounded as follows, to wit: Commencing
at a point in the midchannel of the Columbia river opposite
the mouth of the White Salmon river; thence up the channel
of the White Salmon river as far north as the southern boundary of township four north, range ten east of Willamette
Meridian; thence due west on the township line to range nine
east of Willamette Meridian; thence north following said
range line to where it intersects the south boundary of
Yakima county projected; thence east along the north boundary of township six north until that line intersects the range
line between range twenty-three east and range twenty-four
east; thence south along such range line to the Columbia
river; thence down the Columbia river, midchannel, to the
place of beginning. [1905 c 89 § 1; 1 H.C. §17; 1881 p 187 §
1; 1873 p 571 § 1; 1869 p 296 § 1; 1868 p 60 § 1; 1867 p 49
§ 1; 1861 p 59 § 1; 1859 p 420 § 1; RRS § 3944.]
36.04.210
36.04.210 Lewis county. Lewis county shall consist of
the territory bounded as follows, to wit: Beginning at the
northwest corner of section eighteen, township fifteen north,
range five west; thence south along the west boundary of
range five west to the southwest corner of township eleven
north, range five west; thence east along the south boundary
of township eleven north to the summit of the Cascade mountains; thence northerly along said summit to a point due east
of the head of Nisqually river; thence west to the head of the
Nisqually river; thence westerly down the channel of the
river to a point two miles north of the line between townships
fourteen and fifteen north; thence west to the northwest corner of section twenty-six, township fifteen north, range four
west; thence north two miles to the northwest corner of section fourteen, township fifteen north, range four west; thence
west to place of beginning. [1 H.C. §§18, 19; 1888 p 73 § 1;
1879 p 213 § 1; 1869 p 295 § 1; 1867 p 48 § 1; 1861 p 33 § 1;
RRS § 3945.]
[Title 36 RCW—page 14]
36.04.220 Lincoln county. Lincoln county shall consist
of the territory bounded as follows, to wit: Beginning at the
point in township twenty-seven north, where the Colville
Guide Meridian between ranges thirty-nine and forty east,
Willamette Meridian, intersects the Spokane river, and running thence south along said meridian line to the township
line between townships twenty and twenty-one north; thence
west along said township line to its intersection with the
Columbia Guide Meridian between ranges thirty and thirtyone east, Willamette Meridian; thence north along said
meridian line to a point where it intersects the midchannel of
the Columbia river; thence up said river in the middle of the
channel thereof to the mouth of the Spokane river; thence up
the Spokane river, in the middle of the channel thereof, to the
place of beginning. [1883 p 89 § 1; 1883 p 95 § 1; RRS §
3946.]
36.04.220
36.04.230 Mason county. Mason county shall consist
of the territory bounded as follows, to wit: Commencing in
middle of the main channel of Puget Sound where it is intersected in the midchannel of Case’s Inlet; thence westerly
along the midchannel of Puget Sound, via Dana’s Passage,
into Totten’s Inlet, and up said inlet to its intersection by section line between sections twenty-eight and twenty-nine,
township nineteen north, range three west of the Willamette
Meridian; thence south to the southwest corner of section
thirty-three in township nineteen north, range three west;
thence west along the township line dividing townships eighteen and nineteen, twenty miles, to the township line dividing
ranges six and seven west, of the Willamette Meridian, which
constitutes a part of the east boundary line of Grays Harbor
county; thence north along said township line to the sixth
standard parallel; thence east along said parallel line to the
middle of the channel of Hood Canal; thence southerly along
said midchannel to a point due west of the intersection of the
shore line of said Hood Canal by the township line between
townships twenty-three and twenty-four; thence east along
said township line to the line dividing sections three and four
in said township twenty-three north, range one west of the
Willamette Meridian; thence south along said section line to
the head of Case’s Inlet; thence south by the midchannel of
said inlet to the place of beginning. [1877 p 406 § 1; 1869 p
293 § 1; 1867 p 45 § 1; 1864 p 71 § 1; 1863 p 7 (local laws
portion) § 1; 1861 p 56 § 1; 1861 p 30 § 1; 1860 p 458 § 1;
1854 p 474 § 1; 1854 p 470 § 1; RRS § 3947.]
36.04.230
36.04.240 Okanogan county. Okanogan county shall
consist of the territory bounded as follows, to wit: Beginning
at the intersection of the forty-ninth parallel with the range
line between ranges thirty-one and thirty-two east, and from
thence running in a southerly direction on said range line to
the intersection of the said range line with the Columbia
river, and thence down the river to the seventh standard parallel north; thence west along the seventh standard parallel
north to the watershed between the waters flowing northerly
and easterly into the Methow river and the waters flowing
southerly and westerly into Lake Chelan; thence in a general
northwesterly direction along the summit of the main divide
between the waters flowing northerly and easterly into the
Methow river and the waters flowing westerly and southerly
into Lake Chelan and its tributaries; following the course of
36.04.240
(2008 Ed.)
County Boundaries
the center of the summit of the watershed dividing said
respective waters to the point where the same intersects the
east boundary of Skagit county and the summit of the Cascade mountains; thence northerly with said summit to the
forty-ninth parallel, and thence on the said parallel to the
place of beginning. [1899 c 95 § 1; 1888 p 70 § 1; RRS §
3948.]
36.04.250
36.04.250 Pacific county. Pacific county shall consist
of the territory bounded as follows, to wit: Commencing at
the midchannel of the Columbia river at the point of intersection of the line between ranges eight and nine west; thence
north along said line to the north boundary of township ten
north; thence east along said boundary to the line between
ranges five and six west; thence north along the west boundary of range five west to the northwest corner of section eighteen in township fifteen north, range five west; thence west to
the west boundary of the state in the Pacific Ocean; thence
southerly along said boundary, including Shoalwater Bay, to
a point opposite Cape Disappointment; thence up midchannel
of the Columbia river to the place of beginning. [(i) 1879 p
213 § 1; 1873 p 538 § 1; 1867 p 49 § 1; 1860 p 429 § 1; 1854
p 471 § 1; RRS § 3949. (ii) 1925 ex.s. c 40 § 1; RRS § 39631.]
36.04.260
36.04.260 Pend Oreille county. Pend Oreille county
shall consist of the territory bounded and described as follows, to wit: Beginning at the southeast corner of section
thirty-six in township thirty north, range forty-two east of the
Willamette Meridian; thence running north, along the east
line of said township thirty north, range forty-two east of the
Willamette Meridian, to the northeast corner of section one,
in said township thirty; thence west to the southwest corner of
section thirty-four in township thirty-one north, range fortytwo east of Willamette Meridian; thence north, along the west
line of sections thirty-four, twenty-seven and twenty-two of
said township thirty-one north, range forty-two east of Willamette Meridian; thence north on a line from the northwest
corner of section twenty-two in township thirty-one to a point
on the north line of township thirty-one, midway between the
northeast corner and the northwest corner of said township
thirty-one, which line will be the west line of sections fifteen,
ten and three of said township thirty-one, when the same are
surveyed; thence to the center point on the south line of township thirty-two north, range forty-two east of Willamette
Meridian; thence north on the north and south center line of
said township thirty-two, which line will be the west line of
sections thirty-four, twenty-seven, twenty-two, fifteen, ten,
and three of township thirty-two when the same is surveyed,
to the north line of said township thirty-two; thence to the
center point on the south line of township thirty-three north,
range forty-two east of Willamette Meridian; thence north, on
the north and south center line of township thirty-three north
of range forty-two east of Willamette Meridian, which line
will be the west line of sections thirty-four, twenty-seven,
twenty-two, fifteen, ten and three of said township thirtythree, when the same is surveyed, to the north line of said
township thirty-three; thence to the center point on the south
line of township thirty-four north, range forty-two east of
Willamette Meridian; thence north on the north and south
(2008 Ed.)
36.04.260
center line of said township thirty-four, which line will be the
west line of sections thirty-four, twenty-seven, twenty-two,
fifteen, ten and three of said township thirty-four when the
same are surveyed, to the north line of said township; thence
to the center point on the south line of township thirty-five
north, range forty-two east of Willamette Meridian; thence
north, on the north and south center line of township thirtyfive north, range forty-two east of Willamette Meridian,
which line will be the west line of sections thirty-four,
twenty-seven, twenty-two, fifteen, ten and three of said township thirty-five when the same are surveyed to the north line
of said township thirty-five; thence to the southwest corner of
section thirty-four in township thirty-six north, range fortytwo east of Willamette Meridian; thence north, along the west
line of sections thirty-four, twenty-seven, twenty-two, fifteen, ten and three to the northwest corner of section three of
said township thirty-six; thence west along the south line of
township thirty-seven north, range forty-two, and township
thirty-seven north, range forty-one east of the Willamette
Meridian, to the center point on the south line of said township thirty-seven north, range forty-one east of the Willamette Meridian, which point will be the southwest corner of
section thirty-four in said township thirty-seven north, range
forty-one east of the Willamette Meridian, when the same are
surveyed; thence north along the north and south center line
of said township thirty-seven north, range forty-one east of
the Willamette Meridian, which line will be the west line of
sections thirty-four, twenty-seven, twenty-two, fifteen, ten
and three of said township when the same are surveyed, to the
north line of said township thirty-seven; thence east, along
the south line of township thirty-eight north, range forty-one
east of Willamette Meridian to the southeast corner of said
township thirty-eight north, range forty-one east of the Willamette Meridian; thence to the southwest corner of section
thirty-one in township thirty-eight north, range forty-two east
of Willamette Meridian; thence north, along the west line of
said township thirty-eight, to the northwest corner of said
township thirty-eight; thence east along the north line of
township thirty-eight, to the center point on the south line of
township thirty-nine north, range forty-two east of Willamette Meridian, which point will be the southwest corner of
section thirty-four of said township thirty-nine when the
same are surveyed; thence north along the north and south
center line of said township thirty-nine, which line will be the
west line of sections thirty-four, twenty-seven, twenty-two,
fifteen, ten and three of said township thirty-nine, when the
same are surveyed, to the north line of said township thirtynine; thence east along the south line of township forty north,
range forty-two east, of Willamette Meridian to the southeast
corner of said township forty; thence north, along the east
line of said township forty, to the international boundary line;
thence east along the international boundary line, to the intersection of the state line between the states of Washington and
Idaho with said international boundary line; thence south
along said state line, to the southeast corner of section thirtyone, township thirty north, range forty-six east of Willamette
Meridian; thence due west to the southeast corner of section
thirty-six, township thirty north, range forty-two east of Willamette Meridian, to the place of beginning. [1911 c 28 § 1;
RRS § 3950.]
[Title 36 RCW—page 15]
36.04.270
Title 36 RCW: Counties
36.04.270 Pierce county. Pierce county shall consist of
the territory bounded as follows, to wit: Commencing at the
mouth, midchannel, of the Nisqually river; thence following
the main channel of said river to its head; thence due east to
the summit of the Cascade mountains; thence northerly along
the summit to the head of the Green Water; thence westerly
down said river to its confluence with White river; thence
down the main channel of White river to the intersection of
the fifth standard parallel; thence west along said line to the
southeast corner of section thirty-one, township twenty-one
north, range four east of Willamette Meridian; thence north
along the east line of said section thirty-one to its intersection
with the northerly line of the Puyallup Indian reservation;
thence northwesterly on said line of the Puyallup Indian reservation, projected northwesterly in a straight line, to its
intersection with the center line of Puget Sound; thence
southwesterly and westerly following the channel of Dalco
Passage to the south entrance of Colvo’s Passage; thence
down the channel of said passage to the northeast corner of
section sixteen, in township twenty-two north, range two
east; thence west to the northeast corner of section sixteen, in
township twenty-two north, range one west; thence southerly
along the channels of Case’s Inlet and Puget Sound, to the
middle of the mouth of the Nisqually river and place of
beginning. [1869 p 294 § 1; 1867 p 47 § 1; 1859 p 59 § 1;
1855 p 43 § 1; RRS § 3951.]
36.04.270
36.04.280 San Juan county. San Juan county shall
consist of the territory bounded as follows, to wit: Commencing in the Gulf of Georgia at the place where the boundary line between the United States and the British possessions
deflects from the forty-ninth parallel of north latitude; thence
following said boundary line through the Gulf of Georgia and
Haro Strait to the middle of the Strait of Fuca; thence easterly
through Fuca Straits along the center of the main channel
between Blunt’s Island and San Juan and Lopez Islands to a
point easterly from the west entrance of Deception Pass, until
opposite the middle of the entrance to the Rosario Straits;
thence northerly through the middle of Rosario Straits and
through the Gulf of Georgia to the place of beginning. [1877
p 425 § 1; 1873 p 461 § 1; RRS § 3952.]
36.04.280
36.04.290 Skagit county. Skagit county shall consist of
the territory bounded as follows, to wit: Commencing at
midchannel of Rosario Strait where the dividing line between
townships thirty-six and thirty-seven intersects the same;
thence east on said township line to the summit of the Cascade mountains; thence south along the summit of said
mountain range to the eighth standard parallel; thence west
along the parallel to the center of the channel or deepest channel of the nearest arm of Puget Sound and extending along
said channel to the east entrance of Deception Pass; thence
through said pass to the center of the channel of Rosario
Strait; thence northerly along said channel to the place of
beginning. [1883 p 97 § 1; RRS § 3953.]
36.04.290
36.04.300 Skamania county. Skamania county shall
consist of the territory bounded as follows, to wit: Commencing on the Columbia river at a point where range line
four east strikes said river; thence north to the north boundary
of township ten north; thence east to a point due north of the
36.04.300
[Title 36 RCW—page 16]
mouth of White Salmon; thence south to the township line
dividing townships six and seven; thence west to the northwest corner of Klickitat county; thence south along the west
boundary of said county to the Columbia river; thence along
the midchannel of said river to the place of beginning. [1881
p 187 § 1; 1879 p 213 § 1; 1867 p 49 § 1; 1854 p 472 § 1; RRS
§ 3954.]
36.04.310 Snohomish county. Snohomish county shall
consist of the territory bounded as follows, to wit: Commencing at the southwest corner of Skagit county; thence east
along the eighth standard parallel to the summit of the Cascade mountains; thence southerly along the summit of the
Cascade mountains to the northeast corner of King county, it
being a point due east of the northeast corner of township
twenty-six north, range four east; thence due west along the
north boundary of King county to Puget Sound; thence northerly along the channel of Puget Sound and Possession Sound
to the entrance of Port Susan, including Gedney Island;
thence up the main channel of Port Susan to the mouth of the
Stillaguamish river; thence northwesterly through the channel of the slough at the head of Camano Island, known as
Davis Slough; thence northerly to the place of beginning.
[1877 p 426 § 3; 1869 p 291 § 1; 1867 p 44 § 1; 1862 p 107 §
1; 1861 p 19 § 1; RRS § 3955.]
36.04.310
36.04.320 Spokane county. Spokane county shall consist of the territory bounded as follows, to wit: Commencing
at the northeast corner of Lincoln county; thence up the midchannel of the Spokane river to the Little Spokane river;
thence north to the township line between townships twentynine and thirty; thence east to the boundary line between
Washington and Idaho; thence south on said boundary line to
the fifth standard parallel; thence west on said parallel to the
Colville Guide Meridian; thence north on said meridian to the
place of beginning. [1879 p 203; 1864 p 70; 1860 p 436;
1858 p 51; RRS § 3956.]
36.04.320
36.04.330 Stevens county. Stevens county shall consist
of the territory bounded as follows, to wit: Commencing at
the southeast corner of township thirty north, range forty-two
east of the Willamette Meridian; thence north to the northeast
corner of said township; thence west to the southwest corner
of section thirty-four, township thirty-one north, range fortytwo east; thence north along the center line of townships
thirty-one, thirty-two, thirty-three, thirty-four, thirty-five and
thirty-six in said range forty-two east to the northwest corner
of section three in township thirty-six north; thence west to
the northwest corner of section three, township thirty-six
north, range forty-one east; thence north along the center line
of township thirty-seven to the northwest corner of section
three in said township; thence east to the northeast corner of
said township; thence north to the northwest corner of township thirty-eight, range forty-two east; thence east to the
northwest corner of section three of said township; thence
north along the center line of township thirty-nine to the
northwest corner of section three in said township; thence
east to the northeast corner of said township; thence north to
the northern boundary line of the state; thence west to where
said boundary line intersects the middle of the channel of the
36.04.330
(2008 Ed.)
County Boundaries
Kettle river; thence south along said channel to its confluence
with the Columbia river; thence continuing south along the
middle of the channel of the Columbia river to its confluence
with the Spokane river; thence easterly along the channel of
the Spokane to the Little Spokane river; thence north to the
township line separating townships twenty-nine and thirty;
thence east to the place of beginning. [(i) 1 H.C. §30; 1888 p
70; 1879 p 203; 1869 p 297; 1867 p 50; 1864 p 70; 1863 p 6;
RRS § 3957. (ii) 1899 c 18 § 1; RRS § 3934.]
36.04.340 Thurston county. Thurston county shall
consist of the territory bounded as follows, to wit: Commencing at the southeast corner of section thirty-two in township nineteen north, range four west; thence east on the township line to the southeast corner of section thirty-two in township nineteen north, range three west; thence north to the
middle of the channel of Totten’s Inlet; thence along said
channel to the waters of Puget Sound, intersecting the line in
the channel of Puget Sound west of the southern portion of
Squaxen Reservation; thence following said channel to the
mouth of the Nisqually river; thence up midchannel of said
river to a point where it strikes the north boundary of Lewis
county; thence due west to the northwest corner of section
twenty-six, township fifteen north, range four west; thence
north to the southeast corner of section thirty-four in township eighteen north, range four west; thence west on the
township line to the southeast corner of section thirty-two;
thence north on the section line to the place of beginning. [1
H.C. §31; 1873 p 482; 1869 p 294; 1867 p 47; 1863 p 7; 1860
p 458; RRS § 3958.]
36.04.340
36.04.350 Wahkiakum county. Wahkiakum county
shall consist of the territory bounded as follows, to wit: Commencing at the southeast corner of Pacific county, on the
Columbia river; thence up midchannel of said river to the
southwest corner of Cowlitz county; thence north to the
northwest corner of Cowlitz county; thence west on the
northern boundary of township ten north to the line between
ranges eight and nine west; thence south to the place of
beginning. [1879 p 213; 1869 p 295; 1867 p 48; 1854 p 474;
RRS § 3959.]
36.04.350
36.04.360 Walla Walla county. Walla Walla county
shall consist of the territory bounded as follows, to wit: Commencing at a point where the boundary line between Washington and Oregon intersects the Columbia river; thence up
the main channel of the Columbia to the mouth of the Snake
river; thence up the main channel of said river to where the
range line between ranges thirty-six and thirty-seven intersects said point; thence south on said range line to the northwest corner of township nine north, range thirty-seven east;
thence east on the north boundary line of township nine
north, range thirty-seven east, to the northeast corner of said
township; thence south on the line between ranges thirtyseven and thirty-eight east, of the Willamette Meridian, to the
northwest corner of township eight north, range thirty-eight
east; thence along the north boundary line of township eight
north, range thirty-eight east, to the northeast corner of said
township; thence due south to the line dividing the state of
Washington from the state of Oregon; thence due west on
36.04.360
(2008 Ed.)
36.04.400
said dividing line to the place of beginning. [(i) 1 H.C. §33;
1879 p 226; 1875 p 133; 1869 p 397; 1868 p 60; 1867 p 50;
1858 p 51; 1854 p 472; RRS § 3960. (ii) 1879 p 226; RRS §
3960-1.]
36.04.370 Whatcom county. Whatcom county shall
consist of the territory bounded as follows, to wit: Commencing on the forty-ninth parallel at the point dividing the
American and British possessions in the Gulf of Georgia;
thence along said boundary line to where it deflects at the
north entrance to the Haro Strait; thence along the northeasterly boundary of San Juan county to the ninth standard parallel, or the northwest corner of Skagit county; thence due east
along said parallel to the summit of the Cascade mountains;
thence northerly along the summit of said mountains to the
forty-ninth parallel of north latitude; thence west along said
parallel to the place of beginning. [1 H.C. §34; 1877 p 426;
1869 p 291; 1867 p 44; 1859 p 60; 1854 p 475; RRS § 3961.]
36.04.370
36.04.380 Whitman county. Whitman county shall
consist of the territory bounded as follows, to wit: Commencing at a point where the range line between ranges
thirty-eight and thirty-nine east intersects the fifth standard
parallel, being the northeast corner of Adams county; thence
east on said parallel to the boundary line between Idaho and
Washington; thence south on said boundary line to the midchannel of the Snake river; thence down the midchannel of
the Snake river to its intersection with the midchannel of the
Palouse river; thence north along the midchannel of the Palouse river to the point where the same intersects the range
line between ranges thirty-eight and thirty-nine east; thence
north along said range line to the place of beginning. [(i) 1
H.C. §35; 1875 p 189; 1871 p 134; RRS § 3962. (ii) 1883 p
87; RRS § 3935. (iii) 1883 p 93; RRS § 3924.]
36.04.380
36.04.390 Yakima county. Yakima county shall consist of the territory bounded as follows, to wit: Commencing
at the northwest corner of township six north of range twelve
east; thence east along the north boundary of township six
north until said line intersects the range line between range
twenty-three east and range twenty-four east; thence north
along said range line to the Columbia river; thence north up
the midchannel of said river to the southeast corner of Kittitas
county; thence along the southern boundary of Kittitas
county to the summit of the Cascade mountains; thence
southerly to the southeast corner of Lewis county; thence
west along the line of said county to the northeast corner of
Skamania county; thence along the east line of Skamania
county to the line between townships six and seven north;
thence east along said line to the place of beginning. [1905 c
89 § 1; 1886 p 168; 1873 p 571; 1869 p 296; 1868 p 60; 1867
p 50; RRS § 3963.]
36.04.390
36.04.400 Survey of county boundaries. All common
boundaries and common corners of counties not adequately
marked by natural objects or lines, or by surveys lawfully
made, must be definitely established by surveys jointly made
by all the counties affected thereby, and approved by the
board of county commissioners of such counties. The cost of
making such surveys shall be apportioned equally among the
36.04.400
[Title 36 RCW—page 17]
Chapter 36.05
Title 36 RCW: Counties
counties interested, and the board of county commissioners
shall audit the same, and the amounts shall be paid out of the
county current expense fund. [Code 1881 § 2661; RRS §
3990.]
Chapter 36.05 RCW
ACTIONS TO ESTABLISH BOUNDARIES
36.05.060 Practice in civil actions to prevail. The
practice, procedure, rules of evidence, and appeals to the
supreme court or the court of appeals applicable to civil
actions, are preserved under this chapter. [1971 c 81 § 96;
1963 c 4 § 36.05.060. Prior: 1897 c 76 § 7; RRS § 3970.]
36.05.060
Chapter 36.05
Sections
36.05.010
36.05.020
36.05.030
36.05.040
36.05.050
36.05.060
36.05.070
36.05.080
Suit in equity authorized—Grounds.
Noninterested judge to sit.
Residents of area may intervene.
Questions of fact to be determined.
Court may establish boundary line.
Practice in civil actions to prevail.
Copies of decree to be filed and recorded.
"Territory" defined.
36.05.070 Copies of decree to be filed and recorded.
The clerk of the court in whose office a decree is entered
under the provisions of this chapter, shall forthwith furnish
certified copies thereof to the secretary of state, and to the
auditors of the counties, which are parties to said suit. The
secretary of state, and the county auditors, shall file and
record said copies of the decree in their respective offices.
[1963 c 4 § 36.05.070. Prior: 1897 c 76 § 8; RRS § 3971.]
36.05.070
36.05.080 "Territory" defined. The term "territory,"
as used in this chapter, means that portion of counties lying
along the boundary line and within one mile on either side
thereof. [1963 c 4 § 36.05.080. Prior: 1897 c 76 § 4; RRS §
3967.]
36.05.080
Lines not to be changed by special act: State Constitution Art. 2 § 28(18).
36.05.010 Suit in equity authorized—Grounds.
Whenever the boundary line between two or more adjoining
counties in this state are in dispute, or have been lost by time,
accident or any other cause, or have become obscure or
uncertain, one or more of the counties, in its corporate name,
may bring and maintain suit against such other adjoining
county or counties, in equity, in the superior court, to establish the location of the boundary line or lines. [1963 c 4 §
36.05.010. Prior: 1897 c 76 § 1; RRS § 3964.]
36.05.010
36.05.020 Noninterested judge to sit. A suit to establish county boundary lines shall be tried before a judge of the
superior court who is not a resident of a county which is a
party to such suit, or of a judicial district embracing any such
county. [1963 c 4 § 36.05.020. Prior: 1897 c 76 § 2; RRS §
3965.]
36.05.020
36.05.030 Residents of area may intervene. A majority of the voters living in the territory embracing such disputed, lost, obscure, or uncertain boundary line may, by petition, duly verified by one or more of them, intervene in the
suit, and thereupon the court shall have jurisdiction and
power, in locating and establishing the boundary line or lines,
to strike or transfer from one county to another a strip or portion of such territory not exceeding two miles in width. [1963
c 4 § 36.05.030. Prior: 1897 c 76 § 3; RRS § 3966.]
Chapter 36.08 RCW
TRANSFER OF TERRITORY WHERE CITY’S
HARBOR LIES IN TWO COUNTIES
Chapter 36.08
Sections
36.08.010
36.08.020
36.08.030
36.08.040
36.08.050
36.08.060
36.08.070
36.08.080
36.08.090
36.08.100
Petition and notice of election.
Conduct of election—Proclamation of change.
Official proceedings not disturbed by transfer.
Local officers to serve out terms.
Transferee county liable for existing debts—Exception.
Adjustment of indebtedness.
Arbitration of differences.
Expense of proceedings.
Transcript of records by county auditor.
Construction—Limitations.
36.05.030
36.05.040 Questions of fact to be determined. The
boundaries of such territory, the number of voters living
therein, and the sufficiency of such petition are questions of
fact to be determined by the court. [1963 c 4 § 36.05.040.
Prior: 1897 c 76 § 5; RRS § 3968.]
36.05.040
36.05.050 Court may establish boundary line. The
court shall have power to move or establish such boundary
line on any government section line or subdivisional line
thereof, of the section in or through which said disputed, lost,
obscure or uncertain boundary line may be located, or if such
boundary line is in unsurveyed territory, then the court shall
have power to move or establish such boundary line so it will
conform to extensions of government section lines already
surveyed in that vicinity. [1963 c 4 § 36.05.050. Prior: 1897
c 76 § 6; RRS § 3969.]
36.05.050
[Title 36 RCW—page 18]
36.08.010 Petition and notice of election. If a harbor,
inlet, bay, or mouth of river is embraced within two adjoining
counties, and an incorporated city is located upon the shore of
such harbor, bay, inlet, or mouth of river and it is desired to
embrace within the limits of one county, the full extent of the
shore line of the harbor, port, or bay, and the waters thereof,
together with a strip of the adjacent and contiguous upland
territory not exceeding three miles in width, to be measured
back from highwater mark, and six miles in length, and not
being at a greater distance in any part of said strip from the
courthouse in the county seat of the county to which the territory is proposed to be annexed, as such county seat and courthouse are now situated, than ten miles, a majority of the qualified electors living in such territory may petition to have the
territory stricken from the county of which it shall then be a
part, and added to and made a part of the county contiguous
thereto.
The petition shall describe with certainty the bounds and
area of the territory, with the reasons for making the change
and shall be presented to the board of county commissioners
of the county in which the territory is located, which shall
proceed to ascertain if the petition contains the requisite number of petitioners, who must be bona fide residents of the territory sought to be stricken off and transferred to the contiguous county.
36.08.010
(2008 Ed.)
New County—Liability for Debts
If satisfied that the petition is signed by a majority of the
bona fide electors of the territory, and that there will remain
in the county from which it is taken more than four thousand
inhabitants, the board shall make an order that a special election be held within the limits of the territory described in the
petition, on a date to be named in the order.
Notices of the election shall contain a description of the
territory proposed to be transferred and the names of the
counties from and to which the transfer is intended to be
made, and shall be posted and published as required for general elections. [1963 c 4 § 36.08.010. Prior: 1891 c 144 § 1;
RRS § 3972.]
36.08.020 Conduct of election—Proclamation of
change. The election shall be conducted in all respects as
general elections are conducted under the laws governing
general elections, in so far as they may be applicable, except
that there shall be triplicate returns made, one to each of the
respective county auditors and another to the office of the
secretary of state. The ballots used at such election shall contain the words "for transferring territory," or "against transferring territory." The votes shall be canvassed, as by law
required, within twenty days, and if three-fifths of the votes
cast in the territory at such election are "for transferring territory," the territory described in the petition shall become a
part of and be added to and made a part of the county contiguous thereto, and within thirty days after the canvass of the
returns of the election, the governor shall issue his proclamation of the change of county lines. [1963 c 4 § 36.08.020.
Prior: 1891 c 144 § 2; RRS § 3973.]
Chapter 36.09
retained by the county from which the territory is taken.
[1963 c 4 § 36.08.050. Prior: 1891 c 144 § 5; RRS § 3976.]
36.08.060 Adjustment of indebtedness. The county
auditors of the respective counties interested in the transfer of
territory, as in this chapter provided, are constituted a board
of appraisers and adjusters, to appraise the property, both real
and personal, owned by the county from which the territory is
taken, and to adjust the indebtedness of such county with the
county to which such territory is transferred, in proportion to
the amount of taxable property within the territory taken from
the one county and transferred to the other. [1963 c 4 §
36.08.060. Prior: 1891 c 144 § 6; RRS § 3977.]
36.08.060
36.08.020
36.08.030 Official proceedings not disturbed by
transfer. All assessments and collection of taxes, and all
judicial or other official proceedings commenced prior to the
governor’s proclamation transferring territory to a contiguous county, shall be continued, prosecuted, and completed in
the same manner as if no such transfer had been made. [1963
c 4 § 36.08.030. Prior: 1891 c 144 § 3; RRS § 3974.]
36.08.030
36.08.040 Local officers to serve out terms. All township, precinct, school, and road district officers within the
transferred territory shall continue to hold their respective
offices within the county to which they may be transferred
until their respective terms of office expire, and until their
successors are elected and qualified. [1963 c 4 § 36.08.040.
Prior: 1891 c 144 § 4; RRS § 3975.]
36.08.040
36.08.050 Transferee county liable for existing
debts—Exception. Every county which is thus enlarged by
territory taken from another county shall be liable for a just
proportion of the existing debts of the county from which
such territory is stricken, which proportion shall be paid by
the county to which such territory is transferred at such time
and in such manner as may be agreed upon by the boards of
county commissioners of both counties: PROVIDED, That
the county to which the territory is transferred shall not be liable for any portion of the debt of the county from which the
territory is taken, incurred in the purchase of any county
property, or the construction of any county building then in
use or under construction, which shall fall within and be
36.08.070 Arbitration of differences. If the board of
appraisers and adjusters do not agree on any subject, value, or
settlement, they shall choose a third man from an adjoining
county to settle their differences, and the decision thus
arrived at shall be final. [1963 c 4 § 36.08.070. Prior: 1891
c 144 § 7; RRS § 3978.]
36.08.070
36.08.080 Expense of proceedings. The expense of the
proceedings and election provided for in this chapter shall be
paid by the county to which the territory is attached. [1963 c
4 § 36.08.080. Prior: 1891 c 144 § 8; RRS § 3979.]
36.08.080
36.08.090 Transcript of records by county auditor.
The county auditor of the county to which any territory may
be transferred may take transcripts of all records, books,
papers, etc., on file in the office of the county auditor of the
county from which the territory has been transferred, which
may be necessary to perfect the records of his county, and for
this purpose he shall have access to the records of the county
from which such territory is stricken, free of cost. [1963 c 4
§ 36.08.090. Prior: 1891 c 144 § 9; RRS § 3980.]
36.08.090
36.08.100 Construction—Limitations. Nothing in this
chapter shall be construed to authorize the annexing of territory of one county to a neighboring county, where the territory proposed to be annexed, or any part thereof, is at a
greater distance than ten miles from the courthouse in the
county seat of the county to which said territory is proposed
to be annexed, as said courthouse is now located, nor to
authorize the annexation of any territory at a greater distance
than three miles from high water mark of tide water, but such
annexation shall be strictly confined within said limits. [1963
c 4 § 36.08.100. Prior: 1891 c 144 § 10; RRS § 3981.]
36.08.100
36.08.050
(2008 Ed.)
Chapter 36.09 RCW
NEW COUNTY—LIABILITY FOR DEBTS
Chapter 36.09
(Formerly: Division of county)
Sections
36.09.010
36.09.020
36.09.035
36.09.040
36.09.050
Debts and property to be apportioned.
Procedure to settle amount charged new county—Basis of
apportionment.
Procedure to settle amount charged new county—Disagreement between auditors—Determination by third person.
Payment of indebtedness—Transfer of property.
Collection of taxes levied—Apportionment.
Combined city and county municipal corporations: State Constitution Art.
11 § 16 (Amendment 58).
[Title 36 RCW—page 19]
36.09.010
Title 36 RCW: Counties
New county
formation by special act allowed: State Constitution Art. 2 § 28(18).
restrictions on formation: State Constitution Art. 11 § 3.
36.09.010 Debts and property to be apportioned.
Whenever a new county shall be or shall have been organized
out of the territory which was included within the limits of
any other county or counties, the new county shall be liable
for a reasonable proportion of the debts of the county from
which it was taken, and entitled to its proportion of the property of the county. [1963 c 4 § 36.09.010. Prior: Code 1881
§ 2657; 1863 p 538 § 3; 1854 p 330 § 1; RRS § 3986.]
36.09.010
36.09.020 Procedure to settle amount charged new
county—Basis of apportionment. The auditor of the old
county shall give the auditor of the new county reasonable
notice to meet him on a certain day at the county seat of the
old county, or at some other convenient place, to settle upon
and fix the amount which the new county shall pay. In doing
so, they shall not charge either county with any share of debts
arising from the erection of public buildings, or out of the
construction of roads or bridges which shall be and remain,
after the division, within the limits of the other county, and of
the other debts they shall apportion to each county such a
share of the indebtedness as may be just and equitable, taking
into consideration the population of such portion of territory
so forming a part of the said counties while so united, and
also the relative advantages, derived from the old county
organization. [1963 c 4 § 36.09.020. Prior: (i) Code 1881 §
2658; 1863 p 538 § 4; 1854 p 330 § 2; RRS § 3987.
FORMER PART OF SECTION: 1909 c 79 § 1, part; Code
1881 § 2662, part; RRS § 3991, part. Now codified in RCW
36.09.050.]
36.09.020
36.09.035 Procedure to settle amount charged new
county—Disagreement between auditors—Determination by third person. In case the two auditors cannot agree,
they shall call a third person, not a citizen of either county, or
in any other manner interested, whose decision shall be binding. In case they cannot agree upon such third person, they
shall each name one and decide by lot which it shall be.
[1963 c 4 § 36.09.035. Prior: Code 1881 § 2659; 1863 p 539
§ 5; 1854 p 330 § 3; RRS § 3988.]
or change of boundary to the old county or counties and the
new county or counties, in the ratio of the assessed value of
such property situated in the territory of each county or counties respectively, and the old county that may have been
divided or whose boundaries may have been changed, shall
retain all of the personal property taxes on the said tax rolls,
as compensation for cost of collection of the entire taxes:
PROVIDED, That in such accounting neither county shall be
charged with any debt or liability then existing incurred in the
purchase of any county property, or in the purchase or construction of any county buildings then in use or under construction, which shall fall within and be retained by the
county: PROVIDED FURTHER, That this shall not be construed to affect the rights of creditors: AND PROVIDED
FURTHER, That any such county property or buildings shall
be the property of and owned by the county wherein the same
is situated. In case the auditors of the interested counties are
not able to agree upon the proportion to be awarded to each
county, the same shall be determined by the judge of the
superior court of the district in which all of the interested
counties are situated, if they be in one district, and have one
common judge, and if not, by the judges sitting en banc of the
superior courts of the counties involved. Said auditors shall
make said apportionment within sixty days after the creation
of any new county or the changing of boundaries of any old
county, and if they do not, within said time, agree upon said
apportionment, thereafter either or any county affected may
petition the judge or judges of any court given jurisdiction by
this section, and upon ten days’ notice to any other county
affected, the same may be brought on for hearing and summarily disposed of by said judge or judges, after allowing
each side an opportunity to be heard. [1963 c 4 § 36.09.050.
Prior: 1909 c 79 § 1; Code 1881 § 2662; RRS § 3991. Formerly RCW 36.09.020, part, 36.09.030 and 36.09.050.]
36.09.035
36.09.040 Payment of indebtedness—Transfer of
property. The auditor of the county indebted upon such
decision shall give to the auditor of the other county his order
upon the treasurer for the amount to be paid out of the proper
fund, as in other cases, and also make out a transfer of such
property as shall be assigned to either county. [1963 c 4 §
36.09.040. Prior: Code 1881 § 2660; 1863 p 539 § 6; 1854 p
330 § 4; RRS § 3989.]
36.09.040
36.09.050 Collection of taxes levied—Apportionment. When a county is divided or the boundary is altered,
all taxes levied before the division was made or boundaries
changed, must be collected by the officers of the county in
which the territory was situated before the division or change.
And the auditor or auditors of the county or counties so
divided or having boundaries changed, shall apportion the
amount of the real property taxes so collected after division
36.09.050
[Title 36 RCW—page 20]
Chapter 36.12
Chapter 36.12 RCW
REMOVAL OF COUNTY SEATS
Sections
36.12.010
36.12.020
36.12.030
36.12.040
36.12.050
36.12.060
36.12.070
36.12.080
36.12.090
Petition for removal—Financial impact statement.
Requisites of petition—Submission to electors.
Notice of election—Election, how held.
Manner of voting.
Vote required—Notice of result.
Time of removal.
Notice to county clerk and secretary of state.
Failure of election—Limitation on subsequent removal election.
Limitation on successive removal elections.
County seats
location and removal: State Constitution Art. 11 § 2.
not to be changed by special act: State Constitution Art. 2 § 28(18).
36.12.010 Petition for removal—Financial impact
statement. Whenever the inhabitants of any county desire to
remove the county seat of the county from the place where it
is fixed by law or otherwise, they shall present a petition to
the board of county commissioners of their county praying
such removal, and that an election be held to determine to
what place such removal must be made. The petition shall set
forth the names of the towns or cities to which the county seat
is proposed to be removed and shall be filed at least six
months before the election. The county shall issue a state36.12.010
(2008 Ed.)
Classification of Counties
ment analyzing the financial impact of the proposed removal
at least sixty days before the election. The financial impact
statement shall include, but not be limited to, an analysis of
the: (1) Probable costs to the county government involved in
relocating the county seat; (2) probable costs to county
employees as a result of relocating the county seat; and (3)
probable impact on the city or town from which the county
seat is proposed to be removed, and on the city or town where
the county seat is proposed to be relocated. [1985 c 145 § 1;
1963 c 4 § 36.12.010. Prior: 1890 p 318 § 1; RRS § 3998.]
36.12.020
36.12.020 Requisites of petition—Submission to electors. If the petition is signed by qualified voters of the county
equal in number to at least one-third of all the votes cast in the
county at the last preceding general election the board must,
at the next general election of county officers, submit the
question of removal to the electors of the county. [1963 c 4 §
36.12.020. Prior: 1890 p 318 § 2; RRS § 3999.]
36.12.030
36.12.030 Notice of election—Election, how held.
Notice of the election, clearly stating the object, shall be
given, and the election must be held and conducted, and the
returns made, in all respects in the manner prescribed by law
in regard to elections for county officers. [1963 c 4 §
36.12.030. Prior: 1890 p 318 § 3; RRS § 4000.]
36.12.040
36.12.040 Manner of voting. In voting on the question,
each voter must vote for or against the place named in the
petition. [1963 c 4 § 36.12.040. Prior: 1890 p 318 § 4; RRS
§ 4001.]
36.12.050
36.12.050 Vote required—Notice of result. When the
returns have been received and compared, and the results
ascertained by the board, if three-fifths of the legal votes cast
by those voting on the proposition are in favor of any particular place the proposition has been adopted. The board of
county commissioners must give notice of the result by posting notices thereof in all the election precincts in the county.
[1963 c 4 § 36.12.050. Prior: 1890 p 318 § 5; RRS § 4002.]
36.12.060
36.12.060 Time of removal. In the notice provided for
in RCW 36.12.050, the place selected to be the county seat of
the county must be so declared upon a day not more than
ninety days after the election. After the day named the place
chosen is the seat of the county; and the several county officers, whose offices are required by law to be kept at the county
seat, shall remove their respective offices, files, records,
office fixtures, furniture, and all public property pertaining to
their respective offices to the new county seat. [1963 c 4 §
36.12.060. Prior: 1890 p 318 § 6; RRS § 4003.]
36.12.070
36.12.070 Notice to county clerk and secretary of
state. Whenever any election has been held for change of
county seat, the notice given by the board of county commissioners showing the result thereof must be deposited in the
office of the county clerk, and a certified copy thereof transmitted to the secretary of state. [1963 c 4 § 36.12.070. Prior:
1890 p 319 § 7; RRS § 4004.]
(2008 Ed.)
36.13.050
36.12.080 Failure of election—Limitation on subsequent removal election. When an election has been held
and no one place receives three-fifths of all the votes cast, the
former county seat shall remain the county seat, and no second election may be held within eight years thereafter. [1985
c 145 § 2; 1963 c 4 § 36.12.080. Prior: 1890 p 319 § 8; RRS
§ 4005.]
36.12.080
36.12.090 Limitation on successive removal elections.
When the county seat of a county has been removed by a popular vote of the people of the county, it may be again
removed, from time to time, in the manner provided by this
chapter, but no two elections to effect such removal may be
held within eight years. [1985 c 145 § 3; 1963 c 4 §
36.12.090. Prior: 1890 p 319 § 9; RRS § 4006.]
36.12.090
Chapter 36.13
Chapter 36.13 RCW
CLASSIFICATION OF COUNTIES
Sections
36.13.020
36.13.030
36.13.040
36.13.050
36.13.070
36.13.100
County census authorized.
County census authorized—Personnel—How conducted.
County census authorized—Information to be given enumerators.
County census authorized—Classification to be based on census.
County census authorized—Penalty.
Determination of population.
Combined city and county municipal corporations: State Constitution Art.
11 § 16 (Amendment 58).
36.13.020 County census authorized. The legislative
authority of any county may order a county census to be
taken of all the inhabitants of the county. The expense of such
census enumeration shall be paid from the county current
expense fund. [1991 c 363 § 44; 1977 ex.s. c 110 § 6; 1963 c
4 § 36.13.020. Prior: (i) 1923 c 177 § 1; RRS § 4200-6. (ii)
1923 c 177 § 5; RRS § 4200-10.]
36.13.020
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.13.030 County census authorized—Personnel—
How conducted. For the purpose of making a county census,
the legislative authority of any county may employ one or
more suitable persons. The census shall be conducted in
accordance with standard census definitions and procedures
as specified by the office of financial management. [1979 c
151 § 37; 1977 ex.s. c 110 § 1; 1963 c 4 § 36.13.030. Prior:
1923 c 177 § 2; RRS § 4200-7.]
36.13.030
Population determinations, office of financial management: Chapter 43.62
RCW.
36.13.040 County census authorized—Information
to be given enumerators. All persons resident in the county,
having knowledge of the facts, shall give the information
required herein to any duly authorized census enumerator
when requested by him. [1963 c 4 § 36.13.040. Prior: 1923
c 177 § 4; RRS § 4200-9.]
36.13.040
36.13.050 County census authorized—Classification
to be based on census. The board of county commissioners
shall determine the population of the county based upon such
36.13.050
[Title 36 RCW—page 21]
36.13.070
Title 36 RCW: Counties
special county census. Based upon such census, it shall enter
an order declaring and fixing the population of the county in
accordance with such determination, and from and after the
entry of the order the county shall be considered and classified for all purposes according to the population thus determined. [1963 c 4 § 36.13.050. Prior: 1923 c 177 § 3; RRS §
4200-8.]
36.13.070 County census authorized—Penalty. Any
person violating any of the provisions of RCW 36.13.020,
36.13.030, 36.13.040, and 36.13.050, or any officer or enumerator making, assisting, or permitting any duplication of
names or making, permitting, or assisting in the enumeration
of any fictitious names or persons in taking the census, shall
be guilty of a gross misdemeanor. [1963 c 4 § 36.13.070.
Prior: 1923 c 177 § 6; RRS § 4200-11.]
36.13.070
36.13.100 Determination of population. Whenever
any provision of law refers to the population of a county for
purposes of distributing funds or for any other purpose, the
population of the respective counties shall be determined by
the most recent census, population estimate by the office of
financial management, or special county census as certified
by the office of financial management. [1991 c 363 § 45;
1963 c 4 § 36.13.100. Prior: 1949 c 92 § 1; Rem. Supp. 1949
§ 4200-6a.]
36.13.100
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Population determinations, office of financial management: Chapter 43.62
RCW.
Chapter 36.16
Chapter 36.16 RCW
COUNTY OFFICERS—GENERAL
36.16.040
36.16.050
36.16.060
36.16.070
36.16.087
36.16.090
36.16.100
36.16.110
36.16.115
36.16.120
36.16.125
36.16.130
36.16.136
36.16.138
36.16.139
36.16.140
Board of adjustment for airport zoning: Chapter 14.12 RCW.
Board of managers, county and city tuberculosis hospital: Chapter 70.30
RCW.
Civil service for sheriff’s office, county officers to aid in carrying out: RCW
41.14.200.
Clerks, election
duties relating to
polling place regulations after closing: Chapters 29A.44 and 29A.60
RCW.
polling place regulations during voting hours: Chapter 29A.44 RCW.
generally: Chapter 29A.44 RCW.
violations by, penalties: Chapter 29A.84 RCW.
Code of ethics for municipal officers—Contract interests: Chapter 42.23
RCW.
Compensation, constitutional provision: State Constitution Art. 11 § 5
(Amendment 57).
Continuity of government act, effect as to: RCW 42.14.040, 42.14.070.
County administrator (public assistance): RCW 74.04.070 through
74.04.080.
County superintendent of schools
community center board of supervisors, superintendent as member: RCW
28A.335.270.
penalties applicable to: Chapter 28A.635 RCW.
powers and duties prescribed: Chapter 28A.310 RCW.
Dental hygienists, licensed, county may employ: RCW 18.29.050.
Department of revenue, to advise: Chapter 84.08 RCW.
Detention home personnel: Chapter 13.04 RCW.
Director of public health, generally: Chapter 70.08 RCW.
District health officer
generally: Chapter 70.46 RCW.
vital statistics, officer as registrar: Chapter 70.58 RCW.
Electrical construction violations, county officers liable—Penalty: RCW
19.29.060.
Eligibility to hold office: RCW 42.04.020.
Employee safety award programs: RCW 36.32.460.
Examiner of titles: RCW 65.12.090.
Sections
36.16.010
36.16.020
36.16.030
36.16.032
Assistant superintendents of schools: RCW 28A.310.020, 28A.310.230.
Time of election.
Term of county and precinct officers.
Elective county officers enumerated.
Offices of auditor and clerk may be combined in counties with
populations of less than five thousand—Salary.
Oath of office.
Official bonds.
Place of filing oaths and bonds.
Deputies and employees.
Deputies and employees—County treasurer—Prior deeds validated.
Office space.
Offices to be open certain days and hours.
Vacancies in office.
Vacancy in partisan elective office—Appointment of acting
official.
Officers must complete business.
Elected officials—Abandonment of responsibilities—Declaratory judgment—Compensation denied during abandonment.
Group false arrest insurance for law enforcement personnel.
Liability insurance for officers and employees.
Liability insurance for officers and employees of municipal
corporations and political subdivisions authorized.
Insurance and workers’ compensation for offenders performing community restitution.
Public auction sales, where held.
Accounts, reports of to state auditor: RCW 43.09.230 through 43.09.240.
Agricultural
agents, assistants, as college employees for retirement benefit purposes:
RCW 28B.10.400.
expert, pest extermination by: RCW 17.12.060.
Air pollution control officer: RCW 70.94.170.
[Title 36 RCW—page 22]
Flood control activities, immunity of from liability: RCW 86.12.037.
Free transportation for public officers prohibited: State Constitution Art. 12
§ 20.
Health officer
boarding homes, officer to aid in administration of licensing laws: Chapter 18.20 RCW.
children with disabilities, education of: RCW 28A.155.030.
convention of: RCW 43.70.140.
duties relating to
certified copies of birth or death certificates: RCW 70.58.107.
child welfare agencies: Chapter 74.15 RCW.
embalmers, licensing of: Chapter 18.39 RCW.
sexually transmitted disease: Chapter 70.24 RCW.
hearing tests for pupils, officer may give: RCW 28A.210.020.
vital statistics, officer as registrar: Chapter 70.58 RCW.
water recreational facilities: Chapter 70.90 RCW.
Hospitalization and medical aid insurance for: RCW 41.04.180, 41.04.190.
Interchange of personnel with federal agency, rights preserved: RCW
41.04.140 through 41.04.170.
Juvenile probation officer, psychopathic delinquents, officer’s duties: Chapter 71.06 RCW.
Local authorities, county officer as for motor vehicle purposes: RCW
46.04.280.
Lost or uncertain boundary lines, commissioners appointed to ascertain:
RCW 58.04.030.
Military
leave for public employees: RCW 38.40.060.
personnel, apprehension and restraint: Chapter 38.38 RCW.
Misconduct of public officers: Chapter 42.20 RCW.
(2008 Ed.)
County Officers—General
Moneys, use by, of official, a felony: State Constitution Art. 11 § 14.
Moneys to be deposited with treasurer: State Constitution Art. 11 § 15.
Oaths, who may administer: RCW 5.28.010.
Officers, elections, duties, terms, compensation: State Constitution Art. 11 §
5 (Amendment 57).
Payroll deductions for: RCW 41.04.020 through 41.04.036.
Probation counselors: Chapter 13.04 RCW.
Probation officer, family court, officer’s duties: RCW 26.12.070.
Property tax advisor: RCW 84.48.140.
Public bodies, meetings: Chapter 42.30 RCW.
Public hospital district superintendent: Chapter 70.44 RCW.
Public officers, terms when vacancies filled: RCW 42.12.030.
P.U.D. taxes certified to and collected by county officials: RCW 54.16.080.
Recall of: State Constitution Art. 1 §§ 33, 34 (Amendment 8).
Registration of public officer, how effectuated: RCW 42.12.020.
Retirement systems, retention of rights: Chapter 41.04 RCW.
Review board, county officers to assist: RCW 35.13.173.
Salaried officers not to receive witness fees: RCW 42.16.020, 42.16.030.
Sanitary officers: Chapter 70.05 RCW.
Social security, federal, coverage includes county employees: Chapter
41.48 RCW.
Special commissioner (flood control by counties jointly): RCW 86.13.060.
State board of health measures, officers to enforce: RCW 43.20.050.
Supervisor of elections, duties relating to
hospital district elections: Chapter 70.44 RCW.
P.U.D. elections: RCW 54.04.060.
Support of dependent children, officials to charge no fees in connection with:
RCW 74.20.300.
Surveyor to determine town boundaries: RCW 35.27.040.
Unclaimed money and property in hands of public authority, disposition:
RCW 63.29.130.
Vacancies in county offices, how filled: State Constitution Art. 11 § 6
(Amendment 52).
Voter registration assistants: RCW 29A.08.105.
36.16.010 Time of election. The election of county and
precinct officers shall be held on the Tuesday next following
the first Monday in November, 1922; and every four years
thereafter on the Tuesday next following the first Monday in
November, and all such elective county and precinct officers
shall after midnight, June 11, 1919, be elected at the time
herein specified: PROVIDED, That if a vacancy occur during the first biennium after any such election, an election to
fill such vacancy for the unexpired term shall be held at the
next succeeding general election. [1963 c 4 § 36.16.010.
Prior: 1919 c 175 § 2; RRS § 4030.]
36.16.010
36.16.020 Term of county and precinct officers. The
term of office of all county and precinct officers shall be four
years and until their successors are elected and qualified and
assume office in accordance with *RCW 29.04.170: PROVIDED, That this section and RCW 36.16.010 shall not
apply to county commissioners. [1979 ex.s. c 126 § 26; 1963
c 4 § 36.16.020. Prior: 1959 c 216 § 2; 1919 c 175 § 1; 1886
p 101 § 2; Code 1881 § 3153; 1877 p 330 § 2; 1871 p 35 § 3;
1867 p 7 § 4; RRS § 4029.]
36.16.020
*Reviser’s note: RCW 29.04.170 was recodified as RCW 29A.20.040
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
(2008 Ed.)
36.16.032
36.16.030 Elective county officers enumerated.
Except as provided elsewhere in this section, in every county
there shall be elected from among the qualified voters of the
county a county assessor, a county auditor, a county clerk, a
county coroner, three county commissioners, a county prosecuting attorney, a county sheriff and a county treasurer,
except that in each county with a population of less than forty
thousand no coroner shall be elected and the prosecuting
attorney shall be ex officio coroner. Whenever the population
of a county increases to forty thousand or more, the prosecuting attorney shall continue as ex officio coroner until a coroner is elected, at the next general election at which the office
of prosecuting attorney normally would be elected, and
assumes office as provided in *RCW 29.04.170. In any
county where the population has once attained forty thousand
people and a current coroner is in office and a subsequent
census indicates less than forty thousand people, the county
legislative authority may maintain the office of coroner by
resolution or ordinance. If the county legislative authority has
not passed a resolution or enacted an ordinance to maintain
the office of coroner, the elected coroner shall remain in
office for the remainder of the term for which he or she was
elected, but no coroner shall be elected at the next election at
which that office would otherwise be filled and the prosecuting attorney shall be the ex officio coroner. In a county with
a population of two hundred fifty thousand or more, the
county legislative authority may replace the office of coroner
with a medical examiner system and appoint a medical examiner as specified in RCW 36.24.190. A noncharter county
may have five county commissioners as provided in RCW
36.32.010 and 36.32.055 through 36.32.0558. [1996 c 108 §
1; 1991 c 363 §§ 46, 47; 1990 c 252 § 8; 1963 c 4 §
36.16.030. Prior: 1955 c 157 § 5; prior: (i) Code 1881 §
2707; 1869 p 310 §§ 1-3; 1863 p 549 §§ 1-3; 1854 p 424 §§
1-3; RRS § 4083. (ii) Code 1881 § 2738; 1863 p 552 § 1;
1854 p 426 § 1; RRS § 4106. (iii) 1891 c 5 § 1; RRS § 4127.
(iv) 1890 p 478 § 1; 1886 p 164 § 1; 1883 p 39 § 1; Code 1881
§ 2752; 1869 p 402 § 1; 1854 p 428 § 1; RRS § 4140. (v) 1943
c 139 § 1; Code 1881 § 2766; 1863 p 557 § 1; 1854 p 434 §
1; Rem. Supp. 1949 § 4155. (vi) Code 1881 § 2775, part;
1863 p 559 § 1, part; 1854 p 436 § 1, part; RRS § 4176, part.
(vii) 1933 c 136 § 2; 1925 ex.s. c 148 § 2; RRS § 4200-2a.
(viii) 1937 c 197 § 1; 1933 c 136 § 3; 1925 ex.s. c 148 § 3;
RRS § 4200-3a. (ix) 1937 c 197 § 2; 1933 c 136 § 4; 1925
ex.s. c 148 § 4; RRS § 4200-4a. (x) 1927 c 37 § 1; 1890 p 304
§ 2; RRS § 4205-1.]
36.16.030
*Reviser’s note: RCW 29.04.170 was recodified as RCW 29A.20.040
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Effective dates—1991 c 363 §§ 28, 29, 33, 47, 131: See note following
RCW 28A.343.660.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.16.032 Offices of auditor and clerk may be combined in counties with populations of less than five thousand—Salary. The office of county auditor may be combined with the office of county clerk in each county with a
population of less than five thousand by unanimous resolution of the county legislative authority passed thirty days or
more prior to the first day of filing for the primary election for
county offices. The salary of such office of county clerk com36.16.032
[Title 36 RCW—page 23]
36.16.040
Title 36 RCW: Counties
bined with the office of county auditor, and the salary of the
office of county auditor that is not combined with the office
of county clerk, shall be not less than ten thousand three hundred dollars. The county legislative authority of such county
is authorized to increase or decrease the salary of such office:
PROVIDED, That the legislative authority of the county shall
not reduce the salary of any official below the amount which
such official was receiving on January 1, 1973. [1991 c 363
§ 48; 1973 1st ex.s. c 88 § 1; 1972 ex.s. c 97 § 1; 1967 ex.s. c
77 § 1; 1963 c 164 § 2; 1963 c 4 § 36.16.032. Prior: 1957 c
219 § 4.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.16.040 Oath of office. Every person elected to
county office shall before he enters upon the duties of his
office take and subscribe an oath or affirmation that he will
faithfully and impartially discharge the duties of his office to
the best of his ability. This oath, or affirmation, shall be
administered and certified by an officer authorized to administer oaths, without charge therefor. [1963 c 4 § 36.16.040.
Prior: 1955 c 157 § 6; prior: (i) Code 1881 § 2666; 1869 p
303 § 4; 1863 p 541 § 4; 1854 p 420 § 4; RRS § 4045. (ii)
Code 1881 § 2708, part; 1869 p 310 § 4, part; 1863 p 549 § 4,
part; 1854 p 424 § 4, part; RRS § 4084, part. (iii) 1943 c 249
§ 1; Code 1881 § 2739; 1863 p 553 § 2, part; 1854 p 426 § 2;
Rem. Supp. 1943 § 4107. (iv) 1886 p 61 § 4, part; 1883 p 73
§ 9, part; Code 1881 § 2163, part; 1877 p 246 § 5, part; 1863
p 408 § 3, part; 1860 p 334 § 3, part; 1858 p 12 § 3, part; 1854
p 417 § 3, part; RRS § 4129, part. (v) 1897 c 71 § 44; 1893 c
124 § 46; Code 1881 § 2753; 1854 p 428 § 2; RRS § 4141.
(vi) Code 1881 § 2774; 1863 p 558 § 9; 1854 p 435 § 9; RRS
§ 4156. (vii) Code 1881 § 2775, part; 1863 p 559 § 1, part;
1854 p 436 § 1, part; RRS § 4176, part. (viii) Code 1881 §
2096; 1869 p 374 § 18; RRS § 4231. (ix) 1909 c 97 p 280 § 1,
part; 1903 c 104 § 13, part; 1899 c 142 § 5, part; 1897 c 118
§ 30, part; 1890 p 355 § 10, part; Code 1881 § 3170, part;
RRS § 4767, part. (x) 1925 ex.s. c 130 § 55; 1891 c 140 § 46;
1890 p 548 § 50; RRS § 11138.]
36.16.040
Election officials, oaths of office: RCW 29A.44.490 through 29A.44.520.
Examiner of titles, oath of: RCW 65.12.090.
36.16.050 Official bonds. Every county official before
he or she enters upon the duties of his or her office shall furnish a bond conditioned that he or she will faithfully perform
the duties of his or her office and account for and pay over all
money which may come into his or her hands by virtue of his
or her office, and that he or she, or his or her executors or
administrators, will deliver to his or her successor safe and
undefaced all books, records, papers, seals, equipment, and
furniture belonging to his or her office. Bonds of elective
county officers shall be as follows:
(1) Assessor: Amount to be fixed and sureties to be
approved by proper county legislative authority;
(2) Auditor: Amount to be fixed at not less than ten
thousand dollars and sureties to be approved by the proper
county legislative authority;
(3) Clerk: Amount to be fixed in a penal sum not less
than double the amount of money liable to come into his or
her hands and sureties to be approved by the judge or a major36.16.050
[Title 36 RCW—page 24]
ity of the judges presiding over the court of which he or she is
clerk: PROVIDED, That the maximum bond fixed for the
clerk shall not exceed in amount that required for the treasurer in a county of that class;
(4) Coroner: Amount to be fixed at not less than five
thousand dollars with sureties to be approved by the proper
county legislative authority;
(5) Members of the proper county legislative authority:
Sureties to be approved by the county clerk and the amounts
to be:
(a) In each county with a population of one hundred
twenty-five thousand or more, twenty-five thousand dollars;
(b) In each county with a population of from seventy
thousand to less than one hundred twenty-five thousand,
twenty-two thousand five hundred dollars;
(c) In each county with a population of from forty [thousand] to less than seventy thousand, twenty thousand dollars;
(d) In each county with a population of from eighteen
thousand to less than forty thousand, fifteen thousand dollars;
(e) In each county with a population of from twelve
thousand to less than eighteen thousand, ten thousand dollars;
(f) In each county with a population of from eight thousand to less than twelve thousand, seven thousand five hundred dollars;
(g) In all other counties, five thousand dollars;
(6) Prosecuting attorney: In the amount of five thousand
dollars with sureties to be approved by the proper county legislative authority;
(7) Sheriff: Amount to be fixed and bond approved by
the proper county legislative authority at not less than five
thousand nor more than fifty thousand dollars; surety to be a
surety company authorized to do business in this state;
(8) Treasurer: Sureties to be approved by the proper
county legislative authority and the amounts to be fixed by
the proper county legislative authority at double the amount
liable to come into the treasurer’s hands during his or her
term, the maximum amount of the bond, however, not to
exceed:
(a) In each county with a population of two hundred ten
thousand or more, two hundred fifty thousand dollars;
(b) In each county with a population of from one hundred twenty-five thousand to less than two hundred ten thousand, two hundred thousand dollars;
(c) In each county with a population of from eighteen
thousand to less than one hundred twenty-five thousand, one
hundred fifty thousand dollars;
(d) In all other counties, one hundred thousand dollars.
The treasurer’s bond shall be conditioned that all moneys
received by him or her for the use of the county shall be paid
as the proper county legislative authority shall from time to
time direct, except where special provision is made by law
for the payment of such moneys, by order of any court, or
otherwise, and for the faithful discharge of his or her duties.
Bonds for other than elective officials, if deemed necessary by the proper county legislative authority, shall be in
such amount and form as such legislative authority shall
determine.
In the approval of official bonds, the chair may act for
the county legislative authority if it is not in session. [1991 c
363 § 49; 1971 c 71 § 1; 1969 ex.s. c 176 § 91; 1963 c 4 §
36.16.050. Prior: 1955 c 157 § 7; prior: (i) 1895 c 53 § 1;
(2008 Ed.)
County Officers—General
RRS § 70. (ii) 1895 c 53 § 2, part; RRS § 71, part. (iii) 1921
c 132 § 1, part; 1893 c 75 § 7, part; RRS § 4046, part. (iv)
Code 1881 § 2708, part; 1869 p 310 § 4, part; 1863 p 549 § 4,
part; 1854 p 424 § 4, part; RRS § 4084, part. (v) 1943 c 249 §
1, part; Code 1881 § 2739, part; 1863 p 553 § 2, part; 1854 p
426 § 2, part; Rem. Supp. 1943 § 4107, part. (vi) 1886 p 61 §
4, part; 1883 p 73 § 9, part; Code 1881 § 2163, part; 1877 p
246 § 5, part; 1863 p 408 § 3, part; 1860 p 334 § 3, part; 1858
p 12 § 3, part; 1854 p 417 § 3, part; RRS 4129, part. (vii) 1897
c 71 § 44, part; 1893 p 124 § 46, part; Code 1881 § 2753, part;
1854 p 428 § 2, part; RRS § 4141, part. (viii) 1943 c 139 § 1,
part; Code 1881 § 2766, part; 1863 p 557 § 1, part; 1854 p
434 § 1, part; Rem. Supp. 1943 § 4155, part. (ix) Code 1881
§ 2775, part; 1863 p 559 § 1, part; 1854 p 436 § 1, part; RRS
§ 4176, part. (x) 1909 c 97 p 280 § 1, part; 1903 c 104 § 13,
part; 1899 c 142 § 5, part; 1897 c 118 § 30, part; 1890 p 355
§ 10, part; Code 1881 § 3170, part; RRS § 4767, part. (xi)
1890 p 35 § 5, part; RRS § 9934, part. (xii) 1925 ex.s. c 130
§ 55, part; 1891 c 140 § 46, part; 1890 p 548 § 50, part; RRS
§ 11138, part.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Auditor as registrar of titles, bond for: RCW 65.12.055.
Examiner of titles, bond: RCW 65.12.090.
Public officers, official bonds
Code of 1881, county application: RCW 42.08.010 through 42.08.050.
1890 act, county application: RCW 42.08.060 through 42.08.170.
36.16.060 Place of filing oaths and bonds. Every
county officer, before entering upon the duties of his office,
shall file his oath of office in the office of the county auditor
and his official bond in the office of the county clerk: PROVIDED, That the official bond of the county clerk, after first
being recorded by the county auditor, shall be filed in the
office of the county treasurer.
Oaths and bonds of deputies shall be filed in the offices
in which the oaths and bonds of their principals are required
to be filed. [1963 c 4 § 36.16.060. Prior: 1955 c 157 § 8;
prior: (i) 1895 c 53 § 2, part; RRS § 71, part. (ii) 1890 p 35 §
5, part; RRS § 9934, part.]
36.16.060
36.16.070 Deputies and employees. In all cases where
the duties of any county office are greater than can be performed by the person elected to fill it, the officer may employ
deputies and other necessary employees with the consent of
the board of county commissioners. The board shall fix their
compensation and shall require what deputies shall give bond
and the amount of bond required from each. The sureties on
deputies’ bonds must be approved by the board and the premium therefor is a county expense.
A deputy may perform any act which his principal is
authorized to perform. The officer appointing a deputy or
other employee shall be responsible for the acts of his appointees upon his official bond and may revoke each appointment
at pleasure. [1969 ex.s. c 176 § 92; 1963 c 4 § 36.16.070.
Prior: 1959 c 216 § 3; 1957 c 219 § 2; prior: (i) Code 1881
§ 2716; 1869 p 312 § 10; 1863 p 550 § 7; 1854 p 425 § 7;
RRS § 4093. (ii) Code 1881 § 2741; 1863 p 553 § 4; 1854 p
427 § 4; RRS § 4108. (iii) Code 1881 § 2767, part; 1871 p
110 § 1, part; 1863 p 557 § 2, part; 1854 p 434 § 2, part; RRS
§ 4160, part. (iv) 1905 c 60 § 1; RRS § 4177. (v) 1905 c 60 §
36.16.070
(2008 Ed.)
36.16.110
2; RRS § 4178. (vi) 1905 c 60 § 3; RRS § 4179. (vii) 1949 c
200 § 1, part; 1945 c 87 § 1, part; 1937 c 197 § 3, part; 1925
ex.s. c 148 § 6, part; Rem. Supp. 1949 § 4200-5a, part. (viii)
1943 c 260 § 1; Rem. Supp. 1943 § 4200-5b.]
County clerk, deputies of: Chapter 2.32 RCW.
36.16.087 Deputies and employees—County treasurer—Prior deeds validated. In all cases in which the
county treasurer of any county in the state of Washington
shall have executed a tax deed or deeds prior to February 21,
1903, either to his county or to any private person or persons
or corporation whomsoever, said deed or deeds shall not be
deemed invalid by reason of the county treasurer who executed the same not having affixed a seal of office to the same,
or having affixed a seal not an official seal; nor shall said
deed or deeds be deemed invalid by reason of the fact that at
the date of the execution of said deed or deeds there was in
the state of Washington no statute providing for an official
seal for the office of county treasurer. [1963 c 4 § 36.16.087.
Prior: 1903 c 15 § 2; RRS § 4126. Formerly RCW
36.16.080.]
36.16.087
36.16.090 Office space. The boards of county commissioners of the several counties of the state shall provide a suitable furnished office for each of the county officers in their
respective courthouses. [1963 c 4 § 36.16.090. Prior: 1893 c
82 § 1; Code 1881 § 2677; 1869 p 306 § 15; 1854 p 422 § 15;
RRS § 4032. SLC-RO-14.]
36.16.090
36.16.100 Offices to be open certain days and hours.
All county and precinct offices shall be kept open for the
transaction of business during such days and hours as the
board of county commissioners shall by resolution prescribe.
[1963 c 4 § 36.16.100. Prior: 1955 ex.s. c 9 § 2; prior: 1951
c 100 § 1; 1941 c 113 § 1, part; Rem. Supp. 1941 § 9963-1,
part.]
36.16.100
36.16.110 Vacancies in office. The county legislative
authority in each county shall, at its next regular or special
meeting after being appraised of any vacancy in any county,
township, precinct, or road district office of the county, fill
the vacancy by the appointment of some person qualified to
hold such office, and the officers thus appointed shall hold
office until the next general election, and until their successors are elected and qualified.
If a vacancy occurs in a partisan county office after the
general election in a year that the position appears on the ballot and before the start of the next term, the term of the successor who is of the same party as the incumbent may commence once he or she has qualified as defined in *RCW
29.01.135 and shall continue through the term for which he or
she was elected. [2003 c 238 § 1; 1963 c 4 § 36.16.110.
Prior: 1927 c 163 § 1; RRS § 4059; prior: Code 1881 § 2689;
1867 p 57 § 28.]
36.16.110
*Reviser’s note: RCW 29.01.135 was recodified as RCW 29A.04.133
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Contingent effective date—2003 c 238: "This act takes effect January
1, 2004, if the proposed amendment to Article II, section 15 of the state Constitution (HJR 4206) is validly submitted to and is approved and ratified by
the voters at a general election held in November 2003. If the proposed
amendment is not approved and ratified, this act is void in its entirety."
[Title 36 RCW—page 25]
36.16.115
Title 36 RCW: Counties
[2003 c 238 § 5.] House Joint Resolution No. 4206 was approved by the voters on November 4, 2003.
36.16.115 Vacancy in partisan elective office—
Appointment of acting official. Where a vacancy occurs in
any partisan county elective office, other than a member of
the county legislative authority, the county legislative authority may appoint an employee that was serving as a deputy or
assistant in such office at the time the vacancy occurred as an
acting official to perform all necessary duties to continue normal office operations. The acting official will serve until a
successor is either elected or appointed as required by law.
This section does not apply to any vacancy occurring in a
charter county which has charter provisions inconsistent with
this section. [1981 c 180 § 3.]
36.16.115
Reviser’s note: 1981 c 180 § 3 directed that this section be added to
chapter 29.18 RCW. Since this placement appears inappropriate, this section
has been codified as part of chapter 36.16 RCW.
Severability—1981 c 180: See note following RCW 42.12.040.
Election of successor: RCW 42.12.040.
Filing period, special: RCW 29A.24.210.
36.16.120 Officers must complete business. All
county officers shall complete the business of their offices, to
the time of the expiration of their respective terms, and in
case any officer, at the close of his term, leaves to his successor official labor to be performed, which it was his duty to
perform, he shall be liable to his successor for the full value
of such services. [1963 c 4 § 36.16.120. Prior: 1890 p 315 §
43; RRS § 4031.]
36.16.120
36.16.125 Elected officials—Abandonment of
responsibilities—Declaratory judgment—Compensation
denied during abandonment. The county legislative
authority of a county may cause an action to be filed in the
superior court of that county for a declaratory judgment finding that a county elected official has abandoned his or her
responsibilities by being absent from the county and failing
to perform his or her official duties for a period of at least
thirty consecutive days, but not including: (1) Absences
approved by the county legislative authority; or (2) absences
arising from leave taken for legitimate medical or disability
purposes. If such a declaratory judgment is issued, the county
official is no longer eligible to receive compensation from the
date the declaratory judgment is issued until the court issues
a subsequent declaratory judgment finding that the county
official has commenced performing his or her responsibilities. [1999 c 71 § 1.]
36.16.125
36.16.130 Group false arrest insurance for law
enforcement personnel. Any county may contract with an
insurance company authorized to do business in this state to
provide group false arrest insurance for its law enforcement
personnel and pursuant thereto may use such portion of its
revenues to pay the premiums therefor as the county may
determine. [1963 c 127 § 2.]
36.16.130
36.16.136 Liability insurance for officers and
employees. The board of county commissioners of each
county may purchase liability insurance with such limits as
they may deem reasonable for the purpose of protecting their
36.16.136
[Title 36 RCW—page 26]
officials and employees against liability for personal or
bodily injuries and property damage arising from their acts or
omissions while performing or in good faith purporting to
perform their official duties. [1969 ex.s. c 59 § 1.]
36.16.138 Liability insurance for officers and
employees of municipal corporations and political subdivisions authorized. Any board of commissioners, council,
or board of directors or other governing board of any county,
city, town, school district, port district, public utility district,
water-sewer district, irrigation district, or other municipal
corporation or political subdivision is authorized to purchase
insurance to protect and hold personally harmless any of its
commissioners, council members, directors, or other governing board members, and any of its other officers, employees,
and agents from any action, claim, or proceeding instituted
against the foregoing individuals arising out of the performance, purported performance, or failure of performance, in
good faith of duties for, or employment with, such institutions and to hold these individuals harmless from any
expenses connected with the defense, settlement, or monetary
judgments from such actions, claims, or proceedings. The
purchase of such insurance for any of the foregoing individuals and the policy limits shall be discretionary with the
municipal corporation or political subdivision, and such
insurance shall not be considered to be compensation for
these individuals.
The provisions of this section are cumulative and in
addition to any other provision of law authorizing any municipal corporation or political subdivision to purchase liability
insurance. [1999 c 153 § 43; 1975 c 16 § 1.]
36.16.138
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Liability insurance for officers and employees authorized: RCW
28A.400.360, 28B.10.660, 35.21.205, 52.12.071, 53.08.205,
54.16.095, 57.08.105, and 87.03.162.
36.16.139 Insurance and workers’ compensation for
offenders performing community restitution. The legislative authority of a county may purchase liability insurance in
an amount it deems reasonable to protect the county, its officers, and employees against liability for the wrongful acts of
offenders or injury or damage incurred by offenders in the
course of community restitution imposed by court order or
pursuant to RCW 13.40.080. The legislative authority of a
county may elect to treat offenders as employees and/or
workers under Title 51 RCW. [2002 c 175 § 32; 1984 c 24 §
3.]
36.16.139
Effective date—2002 c 175: See note following RCW 7.80.130.
Workers’ compensation coverage of offenders performing community restitution: RCW 51.12.045.
36.16.140 Public auction sales, where held. Public
auction sales of property conducted by or for the county shall
be held at such places as the county legislative authority may
direct. [1991 c 363 § 50; 1991 c 245 § 3; 1965 ex.s. c 23 § 6.]
36.16.140
Reviser’s note: This section was amended by 1991 c 245 § 3 and by
1991 c 363 § 50, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
(2008 Ed.)
Salaries of County Officers
Building permit—County must require payroll estimate under industrial
insurance act: RCW 51.12.070.
Public lands—Advertisement—Hours: RCW 79.11.165.
Sales of county property, where held: RCW 36.34.080.
Tax sales, where held: RCW 84.64.080, 36.35.120.
Chapter 36.17
Chapter 36.17 RCW
SALARIES OF COUNTY OFFICERS
Sections
36.17.010
36.17.020
36.17.024
36.17.031
36.17.040
36.17.042
36.17.045
36.17.050
36.17.055
Salary full compensation—Compensation denied, when.
Schedule of salaries.
County commissioner and councilmember salary commissions.
Reimbursement for travel allowances and allowances in lieu of
actual expenses.
Payment of salaries of officers and employees.
Biweekly pay periods.
Deductions for contributions, payments and dues, authorized.
Salary warrant may be withheld.
Salary adjustment for county legislative authority office—Ratification and validation of preelection action.
Cemetery and morgue employees, salary of: RCW 68.52.020.
Compensation of county officials: State Constitution Art. 11 § 5 (Amendment 57).
County commissioners, compensation and/or expenses
determining towns boundaries: RCW 35.27.060.
flood control by counties jointly, duties: RCW 86.13.060.
metropolitan council member: RCW 35.58.160.
pest exterminator: RCW 17.12.060.
State committee on agency officials’ salaries to study salaries of elective
county officials: RCW 43.03.028.
36.17.010 Salary full compensation—Compensation
denied, when. The county officers of the counties of this
state shall receive a salary for the services required of them
by law, or by virtue of their office, which salary shall be full
compensation for all services of every kind and description
rendered by them. However, if the superior court issues a
declaratory judgment under RCW 36.16.125 finding that a
county officer has abandoned his or her duties, the county
officer may not be paid compensation. [1999 c 71 § 2; 1991
c 363 § 51; 1963 c 4 § 36.17.010. Prior: 1890 p 312 § 32;
RRS § 4210.]
36.17.010
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.17.020 Schedule of salaries. The county legislative
authority of each county or a county commissioner or councilmember salary commission which conforms with RCW
36.17.024 is authorized to establish the salaries of the elected
officials of the county. The state and county shall contribute
to the costs of the salary of the elected prosecuting attorney as
set forth in subsection (11) of this section. The annual salary
of a county elected official shall not be less than the following:
(1) In each county with a population of one million or
more: Auditor, clerk, treasurer, sheriff, members of the
county legislative authority, and coroner, eighteen thousand
dollars; and assessor, nineteen thousand dollars;
(2) In each county with a population of from two hundred ten thousand to less than one million: Auditor, seventeen thousand six hundred dollars; clerk, seventeen thousand
six hundred dollars; treasurer, seventeen thousand six hun36.17.020
(2008 Ed.)
36.17.020
dred dollars; sheriff, nineteen thousand five hundred dollars;
assessor, seventeen thousand six hundred dollars; members
of the county legislative authority, nineteen thousand five
hundred dollars; and coroner, seventeen thousand six hundred dollars;
(3) In each county with a population of from one hundred twenty-five thousand to less than two hundred ten thousand: Auditor, sixteen thousand dollars; clerk, sixteen thousand dollars; treasurer, sixteen thousand dollars; sheriff, seventeen thousand six hundred dollars; assessor, sixteen
thousand dollars; members of the county legislative authority, seventeen thousand six hundred dollars; and coroner, sixteen thousand dollars;
(4) In each county with a population of from seventy
thousand to less than one hundred twenty-five thousand:
Auditor, fourteen thousand nine hundred dollars; clerk, fourteen thousand nine hundred dollars; treasurer, fourteen thousand nine hundred dollars; assessor, fourteen thousand nine
hundred dollars; sheriff, fourteen thousand nine hundred dollars; members of the county legislative authority, fourteen
thousand nine hundred dollars; and coroner, fourteen thousand nine hundred dollars;
(5) In each county with a population of from forty thousand to less than seventy thousand: Auditor, thirteen thousand eight hundred dollars; clerk, thirteen thousand eight
hundred dollars; treasurer, thirteen thousand eight hundred
dollars; assessor, thirteen thousand eight hundred dollars;
sheriff, thirteen thousand eight hundred dollars; members of
the county legislative authority, thirteen thousand eight hundred dollars; and coroner, thirteen thousand eight hundred
dollars;
(6) In each county with a population of from eighteen
thousand to less than forty thousand: Auditor, twelve thousand one hundred dollars; clerk, twelve thousand one hundred dollars; treasurer, twelve thousand one hundred dollars;
sheriff, twelve thousand one hundred dollars; assessor,
twelve thousand one hundred dollars; and members of the
county legislative authority, eleven thousand dollars;
(7) In each county with a population of from twelve
thousand to less than eighteen thousand: Auditor, ten thousand one hundred dollars; clerk, ten thousand one hundred
dollars; treasurer, ten thousand one hundred dollars; assessor,
ten thousand one hundred dollars; sheriff, eleven thousand
two hundred dollars; and members of the county legislative
authority, nine thousand four hundred dollars;
(8) In each county with a population of from eight thousand to less than twelve thousand: Auditor, ten thousand one
hundred dollars; clerk, ten thousand one hundred dollars;
treasurer, ten thousand one hundred dollars; assessor, ten
thousand one hundred dollars; sheriff, eleven thousand two
hundred dollars; and members of the county legislative
authority, seven thousand dollars;
(9) In each county with a population of from five thousand to less than eight thousand: Auditor, nine thousand one
hundred dollars; clerk, nine thousand one hundred dollars;
treasurer, nine thousand one hundred dollars; assessor, nine
thousand one hundred dollars; sheriff, ten thousand five hundred dollars; and members of the county legislative authority,
six thousand five hundred dollars;
(10) In each other county: Auditor, nine thousand one
hundred dollars; clerk, nine thousand one hundred dollars;
[Title 36 RCW—page 27]
36.17.024
Title 36 RCW: Counties
treasurer, nine thousand one hundred dollars; sheriff, ten
thousand five hundred dollars; assessor, nine thousand one
hundred dollars; and members of the county legislative
authority, six thousand five hundred dollars;
(11) The state of Washington shall contribute an amount
equal to one-half the salary of a superior court judge towards
the salary of the elected prosecuting attorney. Upon receipt
of the state contribution, a county shall continue to contribute
towards the salary of the elected prosecuting attorney in an
amount that equals or exceeds that contributed by the county
in 2008. [2008 c 309 § 2; 2001 c 73 § 3; 1994 sp.s. c 4 § 1;
1991 c 363 § 52; 1973 1st ex.s. c 88 § 2; 1971 ex.s. c 237 § 1;
1969 ex.s. c 226 § 1; 1967 ex.s. c 77 § 2; 1967 c 218 § 3; 1963
c 164 § 1; 1963 c 4 § 36.17.020. Prior: 1957 c 219 § 3; prior:
(i) 1953 c 264 § 1; 1949 c 200 § 1, part; 1945 c 87 § 1, part;
1937 c 197 § 3, part; 1933 c 136 § 6, part; 1925 ex.s. c 148 §
6, part; 1919 c 168 § 2, part; Rem. Supp. 1949 § 4200-5a,
part. (ii) 1921 c 184 § 2; RRS § 4203.]
Findings—2008 c 309: "The legislature finds that an elected county
prosecuting attorney functions as both a state officer in pursuing criminal
cases on behalf of the state of Washington, and as a county officer who acts
as civil counsel for the county, and provides services to school districts and
lesser taxing districts by statute.
The elected prosecuting attorney’s dual role as a state officer and a
county officer is reflected in various provisions of the state Constitution and
within state statute.
The legislature finds that the responsibilities and decisions required of
the elected prosecuting attorney are essentially the same in every county
within Washington state, from a decision to seek the death penalty in an
aggravated murder case, to the decision not to prosecute but refer an offender
to drug court; from a decision to pursue child rape charges based solely upon
the testimony of the child, to a decision to divert juvenile offenders out of the
justice system. Therefore, the legislature finds that elected prosecuting attorneys need to exercise the same level of skill and expertise in the least populous county as in the most populous county.
The legislature finds that the salary of the elected county prosecuting
attorney should be tied to that of a superior court judge. This furthers the
state’s interests and responsibilities under the state Constitution, and is consistent with the current practice of several counties in Washington state, the
practices of several other states, and the national district attorneys’ association national standards." [2008 c 309 § 1.]
Effective date—2008 c 309: "This act takes effect July 1, 2008." [2008
c 309 § 3.]
Findings—Intent—Severability—2001 c 73: See notes following
RCW 35.21.015.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1971 ex.s. c 237: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 ex.s. c 237 § 4.]
Effective date—1971 ex.s. c 237: "This act shall take effect on January
1, 1972." [1971 ex.s. c 237 § 5.]
Counties with populations of less than five thousand, combined office of
auditor and clerk, salary: RCW 36.16.032.
36.17.024 County commissioner and councilmember
salary commissions. (1) Salaries for county commissioners
and councilmembers may be set by county commissioner and
councilmember salary commissions established by ordinance
or resolution of the county legislative authority and in conformity with this section.
(2) Commissions established under subsection (1) of this
section shall be known as the (Insert name of county) county
citizens’ commission on salaries for elected officials. Each
commission shall consist of ten members appointed by the
36.17.024
[Title 36 RCW—page 28]
county commissioner or executive with the approval of the
county legislative authority, or by a majority vote of the
county legislative authority if there is no single county commissioner or executive, as provided in this section.
(a) Six of the ten commission members shall be selected
by lot by the county auditor from among those registered voters eligible to vote at the time persons are selected for
appointment to full terms on the commission under (c) of this
subsection. In noncharter counties, the county auditor shall
select two commission members living in each commissioner’s district. The county auditor shall establish policies
and procedures for conducting the selection by lot. The policies and procedures shall include, but not be limited to, those
for notifying persons selected and for providing a new selection from a commissioner’s district if a person selected from
the district declines appointment to the commission or if, following the person’s appointment, the person’s position on the
commission becomes vacant before the end of the person’s
term of office.
(b) The remaining four of the ten commission members
must be residents of the county and shall be appointed by the
county commissioner or executive with approval of the
county legislative authority, or by a majority vote of the
county legislative authority if there is no single county commissioner or executive. The persons selected under this subsection shall have had experience in the field of personnel
management. Of these four members, one shall be selected
from each of the following four sectors in the county: Business, professional personnel management, legal profession,
and organized labor.
(c) If there is a single county commissioner or executive,
the county auditor shall forward the names of persons
selected under (a) of this subsection to the county commissioner or executive who shall appoint these persons to the
commission.
(d) No person may be appointed to more than two terms.
No member of the commission may be removed by the
county commissioner or executive, or county legislative
authority if there is no single county commissioner or executive, during his or her term of office unless for cause of incapacity, incompetence, neglect of duty, or malfeasance in
office, or for a disqualifying change of residence.
(e) The members of the commission may not include any
officer, official, or employee of the county or any of their
immediate family members. "Immediate family member" as
used in this subsection means the parents, spouse, siblings,
children, or dependent relatives of the officer, official, or
employee, whether or not living in the household of the
officer, official, or employee.
(f) Upon a vacancy in any position on the commission, a
successor shall be selected and appointed to fill the unexpired
term. The selection and appointment shall be concluded
within thirty days of the date the position becomes vacant and
shall be conducted in the same manner as for the original
appointment.
(3) Any change in salary shall be filed by the commission with the county auditor and shall become effective and
incorporated into the county budget without further action of
the county legislative authority or salary commission.
(4) Salary increases established by the commission shall
be effective as to county commissioners and all members of
(2008 Ed.)
Fees of County Officers
the county legislative authority, regardless of their terms of
office.
(5) Salary decreases established by the commission shall
become effective as to incumbent county commissioners and
councilmembers at the commencement of their next subsequent terms of office.
(6) Salary increases and decreases shall be subject to referendum petition by the people of the county in the same
manner as a county ordinance upon filing of such petition
with the county auditor within thirty days after filing of the
salary schedule. In the event of the filing of a valid referendum petition, the salary increase or decrease shall not go into
effect until approved by vote of the people.
(7) Referendum measures under this section shall be submitted to the voters of the county at the next following general or municipal election occurring thirty days or more after
the petition is filed, and shall be otherwise governed by the
provisions of the state Constitution and laws generally applicable to referendum measures.
(8) The action fixing the salary of a county commissioner or councilmember by a commission established in
conformity with this section shall supersede any other provision of state statute or county ordinance related to municipal
budgets or to the fixing of salaries of county commissioners
and councilmembers.
(9) Salaries for county commissioners and councilmembers established under an ordinance or resolution of the
county legislative authority in existence on July 22, 2001,
that substantially complies with this section shall remain in
effect unless and until changed in accordance with such charter provision or ordinance. [2001 c 73 § 5.]
Findings—Intent—Severability—2001 c 73: See notes following
RCW 35.21.015.
36.17.031 Reimbursement for travel allowances and
allowances in lieu of actual expenses.
See RCW
42.24.090.
36.17.031
36.17.040 Payment of salaries of officers and employees. The salaries of county officers and employees of counties other than counties with a population of less than five
thousand may be paid twice monthly out of the county treasury, and the county auditor, for services rendered from the
first to the fifteenth day, inclusive, may, not later than the last
day of the month, draw a warrant upon the county treasurer in
favor of each of such officers and employees for the amount
of salary due him or her, and such auditor, for services rendered from the sixteenth to the last day, inclusive, may similarly draw a warrant, not later than the fifteenth day of the following month, and the county legislative authority, with the
concurrence of the county auditor, may enter an order on the
record journal empowering him or her so to do: PROVIDED,
That if the county legislative authority does not adopt the
semimonthly pay plan, it, by resolution, shall designate the
first pay period as a draw day. Not more than forty percent of
said earned monthly salary of each such county officer or
employee shall be paid to him or her on the draw day and the
payroll deductions of such officer or employee shall not be
deducted from the salary to be paid on the draw day. If officers and employees are paid once a month, the draw day shall
not be later than the last day of each month. The balance of
36.17.040
(2008 Ed.)
Chapter 36.18
the earned monthly salary of each such officer or employee
shall be paid not later than the fifteenth day of the following
month.
In counties with a population of less than five thousand
salaries shall be paid monthly unless the county legislative
authority by resolution adopts the foregoing draw day procedure. [1991 c 363 § 53; 1988 c 281 § 9; 1963 c 4 § 36.17.040.
Prior: 1959 c 300 § 1; 1953 c 37 § 1; 1890 p 314 § 37; RRS
§ 4220.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1988 c 281: See RCW 39.59.900.
36.17.042 Biweekly pay periods. In addition to the pay
periods permitted under RCW 36.17.040, the legislative
authority of any county may establish a biweekly pay period
where county officers and employees receive their compensation not later than seven days following the end of each two
week pay period for services rendered during that pay period.
However, in a county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal
corporation under chapter 36.56 RCW, the county legislative
authority may establish a biweekly pay period where the
county officers and employees receive their compensation
not later than thirteen days following the end of each twoweek pay period for services rendered during that pay period.
[1995 c 38 § 3; 1994 c 301 § 5; 1977 c 42 § 1.]
36.17.042
Acts of municipal officers ratified and confirmed—1995 c 38: See
note following RCW 3.02.045.
36.17.045 Deductions for contributions, payments
and dues, authorized. Employees of the counties shall have
the right to voluntarily authorize the monthly deduction of
their pledges to the United Good Neighbor or its successor,
monthly payment to a credit unit, and monthly dues to a labor
union, from their salaries or wages. When such written authorization is received by the county auditor, he shall make such
monthly deduction. [1963 c 164 § 3.]
36.17.045
36.17.050 Salary warrant may be withheld. The auditor shall not draw his warrant for the salary of any officer
until the latter shall have first filed his duplicate receipt with
the auditor, properly signed by the treasurer, showing he has
made the last required monthly statement and settlement. If
the superior court issues a declaratory judgment under RCW
36.16.125 finding that a county officer has abandoned his or
her duties, the county officer may not be paid a salary. [1999
c 71 § 3; 1963 c 4 § 36.17.050. Prior: 1890 p 314 § 38; RRS
§ 4221.]
36.17.050
36.17.055 Salary adjustment for county legislative
authority office—Ratification and validation of preelection action. See RCW 36.40.205.
36.17.055
Chapter 36.18
Chapter 36.18 RCW
FEES OF COUNTY OFFICERS
Sections
36.18.005
36.18.010
Definitions.
Auditor’s fees.
[Title 36 RCW—page 29]
36.18.005
36.18.012
36.18.014
36.18.016
36.18.018
36.18.020
36.18.022
36.18.025
36.18.030
36.18.040
36.18.045
36.18.050
36.18.060
36.18.070
36.18.080
36.18.090
36.18.110
36.18.120
36.18.130
36.18.160
36.18.170
36.18.180
36.18.190
Title 36 RCW: Counties
Various fees collected—Division allowed for deposit in public
safety and education account.
Fees—Division with county law library—Petition for emancipation for minors.
Various fees collected—Not subject to division.
Fees to state court, administrative office of the courts—Appellate review—Variable fee for copies and reports.
Clerk’s fees.
Filing fees may be waived—When.
Portion of filing fees to be remitted to state treasurer.
Coroner’s fees.
Sheriff’s fees.
Treasurer’s fees.
Fees in special cases.
Fees payable in advance—Exception.
Single mileage chargeable when.
Fee schedule to be kept posted.
Itemized receipt to be given.
Monthly statement to county auditor.
Statements to be checked.
Errors or irregularities.
Penalty for taking illegal fees.
Penalty for failure to pay over fees.
Office to be declared vacant on conviction.
Collection of unpaid financial obligations—Collection contracts—Interest to collection agencies authorized.
36.18.005 Definitions. The definitions set forth in this
section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Recording officer" means the county auditor, or in
charter counties the county official charged with the responsibility for recording instruments in the county records.
(2) "File," "filed," or "filing" means the act of delivering
an instrument to the auditor or recording officer for recording
into the official public records.
(3) "Record," "recorded," or "recording" means the process, such as electronic, mechanical, optical, magnetic, or
microfilm storage used by the auditor or recording officer
after filing to incorporate the instrument into the public
records.
(4) "Multiple transactions" means a document that contains two or more titles and/or two or more transactions
requiring multiple indexing. [1999 c 233 § 2; 1991 c 26 § 1.]
36.18.005
Effective date—1999 c 233: See note following RCW 4.28.320.
36.18.010 Auditor’s fees. County auditors or recording
officers shall collect the following fees for their official services:
(1) For recording instruments, for the first page eight and
one-half by fourteen inches or less, five dollars; for each
additional page eight and one-half by fourteen inches or less,
one dollar. The fee for recording multiple transactions contained in one instrument will be calculated for each transaction requiring separate indexing as required under RCW
65.04.050 as follows: The fee for each title or transaction is
the same fee as the first page of any additional recorded document; the fee for additional pages is the same fee as for any
additional pages for any recorded document; the fee for the
additional pages may be collected only once and may not be
collected for each title or transaction;
(2) For preparing and certifying copies, for the first page
eight and one-half by fourteen inches or less, three dollars;
for each additional page eight and one-half by fourteen inches
or less, one dollar;
(3) For preparing noncertified copies, for each page eight
and one-half by fourteen inches or less, one dollar;
36.18.010
[Title 36 RCW—page 30]
(4) For administering an oath or taking an affidavit, with
or without seal, two dollars;
(5) For issuing a marriage license, eight dollars, (this fee
includes taking necessary affidavits, filing returns, indexing,
and transmittal of a record of the marriage to the state registrar of vital statistics) plus an additional five-dollar fee for use
and support of the prevention of child abuse and neglect
activities to be transmitted monthly to the state treasurer and
deposited in the state general fund plus an additional ten-dollar fee to be transmitted monthly to the state treasurer and
deposited in the state general fund. The legislature intends to
appropriate an amount at least equal to the revenue generated
by this fee for the purposes of the displaced homemaker act,
chapter 28B.04 RCW;
(6) For searching records per hour, eight dollars;
(7) For recording plats, fifty cents for each lot except
cemetery plats for which the charge shall be twenty-five cents
per lot; also one dollar for each acknowledgment, dedication,
and description: PROVIDED, That there shall be a minimum
fee of twenty-five dollars per plat;
(8) For recording of miscellaneous records not listed
above, for the first page eight and one-half by fourteen inches
or less, five dollars; for each additional page eight and onehalf by fourteen inches or less, one dollar;
(9) For modernization and improvement of the recording
and indexing system, a surcharge as provided in RCW
36.22.170;
(10) For recording an emergency nonstandard document
as provided in RCW 65.04.047, fifty dollars, in addition to all
other applicable recording fees;
(11) For recording instruments, a two-dollar surcharge to
be deposited into the Washington state heritage center
account created in RCW 43.07.129;
(12) For recording instruments, a surcharge as provided
in RCW 36.22.178; and
(13) For recording instruments, except for documents
recording a birth, marriage, divorce, or death or any documents otherwise exempted from a recording fee under state
law, a surcharge as provided in RCW 36.22.179. [2007 c 523
§ 2. Prior: 2005 c 484 § 19; 2005 c 374 § 1; 2002 c 294 § 3;
1999 c 233 § 3; 1996 c 143 § 1; 1995 c 246 § 37; 1991 c 26 §
2; prior: 1989 c 304 § 1; 1989 c 204 § 6; 1987 c 230 § 1; 1985
c 44 § 2; 1984 c 261 § 4; 1982 1st ex.s. c 15 § 7; 1982 c 4 §
12; 1977 ex.s. c 56 § 1; 1967 c 26 § 8; 1963 c 4 § 36.18.010;
prior: 1959 c 263 § 6; 1953 c 214 § 2; 1951 c 51 § 4; 1907 c
56 § 1, part, p 92; 1903 c 151 § 1, part, p 295; 1893 c 130 § 1,
part, p 423; Code 1881 § 2086, part, p 358; 1869 p 369 § 3;
1865 p 94 § 1; part; 1863 p 391 § 1, part, p 394; 1861 p 34 §
1, part, p 37; 1854 p 368 § 1, part, p 371; RRS §§ 497, part,
4105.]
Effective date—2007 c 523 § 2: "Section 2 of this act takes effect January 1, 2008." [2007 c 523 § 8.]
Contingency—2007 c 523: See note following RCW 43.07.128.
Findings—Conflict with federal requirements—Effective date—
2005 c 484: See RCW 43.185C.005, 43.185C.901, and 43.185C.902.
Findings—2002 c 294: See note following RCW 36.22.178.
Effective date—1999 c 233: See note following RCW 4.28.320.
Effective date—1996 c 143: "This act shall take effect January 1,
1997." [1996 c 143 § 5.]
Effective date—1995 c 246 § 37: "Section 37 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or sup(2008 Ed.)
Fees of County Officers
port of the state government and its existing public institutions, and shall take
effect immediately [May 5, 1995]." [1995 c 246 § 39.]
36.18.016
Part headings and captions not law—Effective date—1999 c 42: See
RCW 11.96A.901 and 11.96A.902.
Severability—1995 c 246: See note following RCW 26.50.010.
Findings—1989 c 204: See note following RCW 36.22.160.
Effective date—1987 c 230: "This act is necessary for the immediate
preservation of the public peace, health and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1987." [1987 c 230 § 4.]
Severability—1984 c 261: See note following RCW 43.121.020.
Severability—1982 c 4: See RCW 43.121.910.
Effective date—1967 c 26: See note following RCW 43.70.150.
Family court funding, marriage license fee increase authorized: RCW
26.12.220.
36.18.012 Various fees collected—Division allowed
for deposit in public safety and education account. (1)
Revenue collected under this section is subject to division
with the state for deposit in the public safety and education
account under RCW 36.18.025.
(2) The party filing a transcript or abstract of judgment
or verdict from a United States court held in this state, or
from the superior court of another county or from a district
court in the county of issuance, shall pay at the time of filing
a fee of twenty dollars.
(3) The clerk shall collect a fee of twenty dollars for: Filing a paper not related to or a part of a proceeding, civil or
criminal, or a probate matter, required or permitted to be filed
in the clerk’s office for which no other charge is provided by
law.
(4) If the defendant serves or files an answer to an unlawful detainer complaint under chapter 59.18 or 59.20 RCW,
the plaintiff shall pay before proceeding with the unlawful
detainer action one hundred twelve dollars.
(5) Any party filing a counterclaim, cross-claim, or thirdparty claim in an unlawful detainer action under chapter
59.18 or 59.20 RCW shall pay the equivalent to the total filing fee of an unlawful detainer action pursuant to RCW
36.18.020, including the fee for an unlawful detainer answer
pursuant to subsection (4) of this section.
(6) For a restrictive covenant for filing a petition to strike
discriminatory provisions in real estate under RCW
49.60.227 a fee of twenty dollars must be charged.
(7) A fee of twenty dollars must be charged for filing a
will only, when no probate of the will is contemplated.
(8) A fee of twenty dollars must be charged for filing a
petition, written agreement, or written memorandum in a
nonjudicial probate dispute under RCW 11.96A.220, if it is
filed within an existing case in the same court.
(9) A fee of thirty-five dollars must be charged for filing
a petition regarding a common law lien under RCW
60.70.060.
(10) For the filing of a tax warrant for unpaid taxes or
overpayment of benefits by any agency of the state of Washington, a fee of five dollars on or after July 22, 2001, and for
the filing of such a tax warrant or overpayment of benefits on
or after July 1, 2003, a fee of twenty dollars, of which fortysix percent of the first five dollars is directed to the public
safety and education account established under RCW
43.08.250. [2006 c 192 § 1; 2005 c 457 § 17; 2001 c 146 § 1;
1999 c 42 § 634; 1996 c 211 § 1; 1995 c 292 § 12.]
36.18.012
Intent—2005 c 457: See note following RCW 43.08.250.
(2008 Ed.)
36.18.014
36.18.014 Fees—Division with county law library—
Petition for emancipation for minors. (1) Revenue collected under this section is subject to division with the county
law library under RCW 27.24.070.
(2) For filing a petition for emancipation for minors as
required under RCW 13.64.020 a fee up to fifty dollars must
be collected. [1995 c 292 § 13.]
36.18.016
36.18.016 Various fees collected—Not subject to division. (Effective until July 1, 2009.) (1) Revenue collected
under this section is not subject to division under RCW
36.18.025 or 27.24.070.
(2)(a) For the filing of a petition for modification of a
decree of dissolution or paternity, within the same case as the
original action, and any party filing a counterclaim, crossclaim, or third-party claim in any such action, a fee of thirtysix dollars must be paid.
(b) The party filing the first or initial petition for dissolution, legal separation, or declaration concerning the validity
of marriage shall pay, at the time and in addition to the filing
fee required under RCW 36.18.020, a fee of thirty dollars.
The clerk of the superior court shall transmit monthly twentyfour dollars of the thirty-dollar fee collected under this subsection to the state treasury for deposit in the domestic violence prevention account. The remaining six dollars shall be
retained by the county for the purpose of supporting community-based services within the county for victims of domestic
violence, except for five percent of the six dollars, which may
be retained by the court for administrative purposes.
(3)(a) The party making a demand for a jury of six in a
civil action shall pay, at the time, a fee of one hundred
twenty-five dollars; if the demand is for a jury of twelve, a fee
of two hundred fifty dollars. If, after the party demands a jury
of six and pays the required fee, any other party to the action
requests a jury of twelve, an additional one hundred twentyfive dollar fee will be required of the party demanding the
increased number of jurors.
(b) Upon conviction in criminal cases a jury demand
charge of one hundred twenty-five dollars for a jury of six, or
two hundred fifty dollars for a jury of twelve may be imposed
as costs under RCW 10.46.190.
(4) For preparing a certified copy of an instrument on file
or of record in the clerk’s office, for the first page or portion
of the first page, a fee of five dollars, and for each additional
page or portion of a page, a fee of one dollar must be charged.
For authenticating or exemplifying an instrument, a fee of
two dollars for each additional seal affixed must be charged.
For preparing a copy of an instrument on file or of record in
the clerk’s office without a seal, a fee of fifty cents per page
must be charged. When copying a document without a seal
or file that is in an electronic format, a fee of twenty-five
cents per page must be charged. For copies made on a compact disc, an additional fee of twenty dollars for each compact disc must be charged.
(5) For executing a certificate, with or without a seal, a
fee of two dollars must be charged.
[Title 36 RCW—page 31]
36.18.016
Title 36 RCW: Counties
(6) For a garnishee defendant named in an affidavit for
garnishment and for a writ of attachment, a fee of twenty dollars must be charged.
(7) For filing a supplemental proceeding, a fee of twenty
dollars must be charged.
(8) For approving a bond, including justification on the
bond, in other than civil actions and probate proceedings, a
fee of two dollars must be charged.
(9) For the issuance of a certificate of qualification and a
certified copy of letters of administration, letters testamentary, or letters of guardianship, there must be a fee of two dollars.
(10) For the preparation of a passport application, the
clerk may collect an execution fee as authorized by the federal government.
(11) For clerk’s services such as processing ex parte
orders, performing historical searches, compiling statistical
reports, and conducting exceptional record searches, the clerk
may collect a fee not to exceed twenty dollars per hour or portion of an hour.
(12) For duplicated recordings of court’s proceedings
there must be a fee of ten dollars for each audio tape and
twenty-five dollars for each video tape or other electronic
storage medium.
(13) For registration of land titles, Torrens Act, under
RCW 65.12.780, a fee of twenty dollars must be charged.
(14) For the issuance of extension of judgment under
RCW 6.17.020 and chapter 9.94A RCW, a fee of two hundred dollars must be charged. When the extension of judgment is at the request of the clerk, the two hundred dollar
charge may be imposed as court costs under RCW 10.46.190.
(15) A facilitator surcharge of up to twenty dollars must
be charged as authorized under RCW 26.12.240.
(16) For filing a water rights statement under RCW
90.03.180, a fee of twenty-five dollars must be charged.
(17) For filing a claim of frivolous lien under RCW
60.04.081, a fee of thirty-five dollars must be charged.
(18) For preparation of a change of venue, a fee of
twenty dollars must be charged by the originating court in
addition to the per page charges in subsection (4) of this section.
(19) A service fee of three dollars for the first page and
one dollar for each additional page must be charged for
receiving faxed documents, pursuant to Washington state
rules of court, general rule 17.
(20) For preparation of clerk’s papers under RAP 9.7, a
fee of fifty cents per page must be charged.
(21) For copies and reports produced at the local level as
permitted by RCW 2.68.020 and supreme court policy, a
variable fee must be charged.
(22) Investment service charge and earnings under RCW
36.48.090 must be charged.
(23) Costs for nonstatutory services rendered by clerk by
authority of local ordinance or policy must be charged.
(24) For filing a request for mandatory arbitration, a filing fee may be assessed against the party filing a statement of
arbitrability not to exceed two hundred twenty dollars as
established by authority of local ordinance. This charge shall
be used solely to offset the cost of the mandatory arbitration
program.
[Title 36 RCW—page 32]
(25) For filing a request for trial de novo of an arbitration
award, a fee not to exceed two hundred fifty dollars as established by authority of local ordinance must be charged.
(26) A public agency may not charge a fee to a law
enforcement agency, for preparation, copying, or mailing of
certified copies of the judgment and sentence, information,
affidavit of probable cause, and/or the notice of requirement
to register, of a sex offender convicted in a Washington court,
when such records are necessary for risk assessment, preparation of a case for failure to register, or maintenance of a sex
offender’s registration file.
(27) For the filing of a will or codicil under the provisions of chapter 11.12 RCW, a fee of twenty dollars must be
charged.
The revenue to counties from the fees established in this
section shall be deemed to be complete reimbursement from
the state for the state’s share of benefits paid to the superior
court judges of the state prior to July 24, 2005, and no claim
shall lie against the state for such benefits. [2006 c 192 § 2.
Prior: 2005 c 457 § 18; 2005 c 374 § 2; 2005 c 202 § 1; 2002
c 338 § 2; 2001 c 146 § 2; 2000 c 170 § 1; 1999 c 397 § 8;
1996 c 56 § 5; 1995 c 292 § 14.]
Intent—2005 c 457: See note following RCW 43.08.250.
36.18.016 Various fees collected—Not subject to division. (Effective July 1, 2009.) (1) Revenue collected under
this section is not subject to division under RCW 36.18.025
or 27.24.070.
(2)(a) For the filing of a petition for modification of a
decree of dissolution or paternity, within the same case as the
original action, and any party filing a counterclaim, crossclaim, or third-party claim in any such action, a fee of thirtysix dollars must be paid.
(b) The party filing the first or initial petition for dissolution, legal separation, or declaration concerning the validity
of marriage shall pay, at the time and in addition to the filing
fee required under RCW 36.18.020, a fee of thirty dollars.
The clerk of the superior court shall transmit monthly twentyfour dollars of the thirty-dollar fee collected under this subsection to the state treasury for deposit in the domestic violence prevention account. The remaining six dollars shall be
retained by the county for the purpose of supporting community-based services within the county for victims of domestic
violence, except for five percent of the six dollars, which may
be retained by the court for administrative purposes.
(3)(a) The party making a demand for a jury of six in a
civil action shall pay, at the time, a fee of one hundred
twenty-five dollars; if the demand is for a jury of twelve, a fee
of two hundred fifty dollars. If, after the party demands a jury
of six and pays the required fee, any other party to the action
requests a jury of twelve, an additional one hundred twentyfive dollar fee will be required of the party demanding the
increased number of jurors.
(b) Upon conviction in criminal cases a jury demand
charge of one hundred twenty-five dollars for a jury of six, or
two hundred fifty dollars for a jury of twelve may be imposed
as costs under RCW 10.46.190.
(4) For preparing a certified copy of an instrument on file
or of record in the clerk’s office, for the first page or portion
of the first page, a fee of five dollars, and for each additional
36.18.016
(2008 Ed.)
Fees of County Officers
page or portion of a page, a fee of one dollar must be charged.
For authenticating or exemplifying an instrument, a fee of
two dollars for each additional seal affixed must be charged.
For preparing a copy of an instrument on file or of record in
the clerk’s office without a seal, a fee of fifty cents per page
must be charged. When copying a document without a seal
or file that is in an electronic format, a fee of twenty-five
cents per page must be charged. For copies made on a compact disc, an additional fee of twenty dollars for each compact disc must be charged.
(5) For executing a certificate, with or without a seal, a
fee of two dollars must be charged.
(6) For a garnishee defendant named in an affidavit for
garnishment and for a writ of attachment, a fee of twenty dollars must be charged.
(7) For filing a supplemental proceeding, a fee of twenty
dollars must be charged.
(8) For approving a bond, including justification on the
bond, in other than civil actions and probate proceedings, a
fee of two dollars must be charged.
(9) For the issuance of a certificate of qualification and a
certified copy of letters of administration, letters testamentary, or letters of guardianship, there must be a fee of two dollars.
(10) For the preparation of a passport application, the
clerk may collect an execution fee as authorized by the federal government.
(11) For clerk’s services such as processing ex parte
orders, performing historical searches, compiling statistical
reports, and conducting exceptional record searches, the clerk
may collect a fee not to exceed twenty dollars per hour or portion of an hour.
(12) For duplicated recordings of court’s proceedings
there must be a fee of ten dollars for each audio tape and
twenty-five dollars for each video tape or other electronic
storage medium.
(13) For registration of land titles, Torrens Act, under
RCW 65.12.780, a fee of twenty dollars must be charged.
(14) For the issuance of extension of judgment under
RCW 6.17.020 and chapter 9.94A RCW, a fee of two hundred dollars must be charged. When the extension of judgment is at the request of the clerk, the two hundred dollar
charge may be imposed as court costs under RCW 10.46.190.
(15) A facilitator surcharge of up to twenty dollars must
be charged as authorized under RCW 26.12.240.
(16) For filing a water rights statement under RCW
90.03.180, a fee of twenty-five dollars must be charged.
(17) For filing a claim of frivolous lien under RCW
60.04.081, a fee of thirty-five dollars must be charged.
(18) For preparation of a change of venue, a fee of
twenty dollars must be charged by the originating court in
addition to the per page charges in subsection (4) of this section.
(19) A service fee of three dollars for the first page and
one dollar for each additional page must be charged for
receiving faxed documents, pursuant to Washington state
rules of court, general rule 17.
(20) For preparation of clerk’s papers under RAP 9.7, a
fee of fifty cents per page must be charged.
(2008 Ed.)
36.18.020
(21) For copies and reports produced at the local level as
permitted by RCW 2.68.020 and supreme court policy, a
variable fee must be charged.
(22) Investment service charge and earnings under RCW
36.48.090 must be charged.
(23) Costs for nonstatutory services rendered by clerk by
authority of local ordinance or policy must be charged.
(24) For filing a request for mandatory arbitration, a filing fee may be assessed against the party filing a statement of
arbitrability not to exceed two hundred twenty dollars as
established by authority of local ordinance. This charge shall
be used solely to offset the cost of the mandatory arbitration
program.
(25) For filing a request for trial de novo of an arbitration
award, a fee not to exceed two hundred fifty dollars as established by authority of local ordinance must be charged.
(26) A public agency may not charge a fee to a law
enforcement agency, for preparation, copying, or mailing of
certified copies of the judgment and sentence, information,
affidavit of probable cause, and/or the notice of requirement
to register, of a sex offender convicted in a Washington court,
when such records are necessary for risk assessment, preparation of a case for failure to register, or maintenance of a sex
offender’s registration file.
(27) For the filing of a will or codicil under the provisions of chapter 11.12 RCW, a fee of twenty dollars must be
charged.
(28) A surcharge of up to twenty dollars may be charged
as authorized by RCW 26.12.260.
The revenue to counties from the fees established in this
section shall be deemed to be complete reimbursement from
the state for the state’s share of benefits paid to the superior
court judges of the state prior to July 24, 2005, and no claim
shall lie against the state for such benefits. [2007 c 496 § 204;
2006 c 192 § 2. Prior: 2005 c 457 § 18; 2005 c 374 § 2; 2005
c 202 § 1; 2002 c 338 § 2; 2001 c 146 § 2; 2000 c 170 § 1;
1999 c 397 § 8; 1996 c 56 § 5; 1995 c 292 § 14.]
Effective dates—2007 c 496 §§ 201, 202, 204, and 501: See note following RCW 26.12.260.
Part headings not law—2007 c 496: See note following RCW
26.09.002.
Intent—2005 c 457: See note following RCW 43.08.250.
36.18.018 Fees to state court, administrative office of
the courts—Appellate review—Variable fee for copies
and reports. (1) State revenue collected by county clerks
under subsection (2) of this section must be transmitted to the
appropriate state court. The administrative office of the
courts shall retain fees collected under subsection (3) of this
section.
(2) For appellate review under RAP 5.1(b), two hundred
fifty dollars must be charged.
(3) For all copies and reports produced by the administrative office of the courts as permitted under RCW 2.68.020
and supreme court policy, a variable fee must be charged.
[2005 c 282 § 43; 1995 c 292 § 15.]
36.18.018
36.18.020 Clerk’s fees. (1) Revenue collected under
this section is subject to division with the state public safety
and education account under RCW 36.18.025 and with the
county or regional law library fund under RCW 27.24.070.
36.18.020
[Title 36 RCW—page 33]
36.18.022
Title 36 RCW: Counties
(2) Clerks of superior courts shall collect the following
fees for their official services:
(a) In addition to any other fee required by law, the party
filing the first or initial paper in any civil action, including,
but not limited to an action for restitution, adoption, or
change of name, and any party filing a counterclaim, crossclaim, or third-party claim in any such civil action, shall pay,
at the time the paper is filed, a fee of two hundred dollars
except, in an unlawful detainer action under chapter 59.18 or
59.20 RCW for which the plaintiff shall pay a case initiating
filing fee of forty-five dollars, or in proceedings filed under
RCW 28A.225.030 alleging a violation of the compulsory
attendance laws where the petitioner shall not pay a filing fee.
The forty-five dollar filing fee under this subsection for an
unlawful detainer action shall not include an order to show
cause or any other order or judgment except a default order or
default judgment in an unlawful detainer action.
(b) Any party, except a defendant in a criminal case, filing the first or initial paper on an appeal from a court of limited jurisdiction or any party on any civil appeal, shall pay,
when the paper is filed, a fee of two hundred dollars.
(c) For filing of a petition for judicial review as required
under RCW 34.05.514 a filing fee of two hundred dollars.
(d) For filing of a petition for unlawful harassment under
RCW 10.14.040 a filing fee of fifty-three dollars.
(e) For filing the notice of debt due for the compensation
of a crime victim under RCW 7.68.120(2)(a) a fee of two
hundred dollars.
(f) In probate proceedings, the party instituting such proceedings, shall pay at the time of filing the first paper therein,
a fee of two hundred dollars.
(g) For filing any petition to contest a will admitted to
probate or a petition to admit a will which has been rejected,
or a petition objecting to a written agreement or memorandum as provided in RCW 11.96A.220, there shall be paid a
fee of two hundred dollars.
(h) Upon conviction or plea of guilty, upon failure to
prosecute an appeal from a court of limited jurisdiction as
provided by law, or upon affirmance of a conviction by a
court of limited jurisdiction, a defendant in a criminal case
shall be liable for a fee of two hundred dollars.
(i) With the exception of demands for jury hereafter
made and garnishments hereafter issued, civil actions and
probate proceedings filed prior to midnight, July 1, 1972,
shall be completed and governed by the fee schedule in effect
as of January 1, 1972: PROVIDED, That no fee shall be
assessed if an order of dismissal on the clerk’s record be filed
as provided by rule of the supreme court.
(3) No fee shall be collected when a petition for relinquishment of parental rights is filed pursuant to RCW
26.33.080 or for forms and instructional brochures provided
under RCW 26.50.030. [2005 c 457 § 19; 2005 c 374 § 5;
2000 c 9 § 1; 1999 c 42 § 635; 1996 c 211 § 2. Prior: 1995 c
312 § 70; 1995 c 292 § 10; 1993 c 435 § 1; 1992 c 54 § 1;
1989 c 342 § 1; prior: 1987 c 382 § 3; 1987 c 202 § 201; 1987
c 56 § 3; prior: 1985 c 24 § 1; 1985 c 7 § 104; 1984 c 263 §
29; 1981 c 330 § 5; 1980 c 70 § 1; 1977 ex.s. c 107 § 1; 1975
c 30 § 1; 1973 c 16 § 1; 1973 c 38 § 1; prior: 1972 ex.s. c 57
§ 5; 1972 ex.s. c 20 § 1; 1970 ex.s. c 32 § 1; 1967 c 26 § 9;
1963 c 4 § 36.18.020; prior: 1961 c 304 § 1; 1961 c 41 § 1;
1951 c 51 § 5; 1907 c 56 § 1, part, p 89; 1903 c 151 § 1, part,
[Title 36 RCW—page 34]
p 294; 1893 c 130 § 1, part, p 421; Code 1881 § 2086, part, p
355; 1869 p 364 § 1, part; 1863 p 391 § 1, part; 1861 p 34 §
1, part; 1854 p 368 § 1, part; RRS § 497, part.]
Rules of court: Cf. RAP 14.3, 18.22.
Reviser’s note: This section was amended by 2005 c 374 § 5 and by
2005 c 457 § 19, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—2005 c 457: See note following RCW 43.08.250.
Part headings and captions not law—Effective date—1999 c 42: See
RCW 11.96A.901 and 11.96A.902.
Short title—1995 c 312: See note following RCW 13.32A.010.
Effective date—1992 c 54: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect April 1,
1992." [1992 c 54 § 7.]
Severability—Effective date—1989 c 342: See RCW 59.18.910 and
59.18.911.
Intent—1987 c 202: See note following RCW 2.04.190.
Effective date—Severability—1984 c 263: See RCW 26.50.901 and
26.50.902.
Severability—1981 c 330: See note following RCW 3.62.060.
Effective date—1972 ex.s. c 20: "This act shall take effect July 1,
1972." [1972 ex.s. c 20 § 3.]
Effective date—1967 c 26: See note following RCW 43.70.150.
36.18.022 Filing fees may be waived—When. The
court may waive the filing fees provided for under RCW
36.18.016(2)(b) and 36.18.020(2) (a) and (b) upon affidavit
by a party that the party is unable to pay the fee due to financial hardship. [2005 c 374 § 6; 1995 c 292 § 16; 1992 c 54 §
5.]
36.18.022
Effective date—1992 c 54: See note following RCW 36.18.020.
36.18.025 Portion of filing fees to be remitted to state
treasurer. Forty-six percent of the money received from filing fees paid pursuant to RCW 36.18.020, except those collected for the filing of warrants for unpaid taxes or overpayments by state agencies as outlined in RCW 36.18.012(10),
shall be transmitted by the county treasurer each month to the
state treasurer for deposit in the public safety and education
account established under RCW 43.08.250. [2001 c 146 § 3;
1992 c 54 § 2; 1985 c 389 § 9; 1984 c 258 § 322; 1972 ex.s. c
20 § 2.]
36.18.025
Effective date—1992 c 54: See note following RCW 36.18.020.
Effective date—1985 c 389: See note following RCW 27.24.070.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.34.130.
Effective date—1972 ex.s. c 20: See note following RCW 36.18.020.
36.18.030 Coroner’s fees. Coroners shall collect for
their official services, the following fees:
For each inquest held, besides mileage, twenty dollars.
For issuing a venire, two dollars.
For drawing all necessary writings, two dollars for first
page and one dollar for each page thereafter.
For mileage each way, per mile, ten cents.
For performing the duties of a sheriff, he shall receive
the same fees as a sheriff would receive for the same service.
[1963 c 4 § 36.18.030. Prior: 1959 c 263 § 7; 1907 c 56 § 1,
36.18.030
(2008 Ed.)
Fees of County Officers
part, p 93; 1903 c 151 § 1, part, p 296; 1893 c 130 § 1, part, p
424; Code 1881 § 2086, part, p 360; 1869 p 372 § 7, part;
1863 p 391 § 1, part, p 396; 1861 p 34 § 1, part, p 39; 1854 p
368 § 1, part, p 373; RRS §§ 497, part, 4185.]
36.18.040 Sheriff’s fees. (1) Sheriffs shall collect the
following fees for their official services:
(a) For service of each summons and complaint, notice
and complaint, summons and petition, and notice of small
claim on one defendant at any location, ten dollars, and on
two or more defendants at the same residence, twelve dollars,
besides mileage;
(b) For making a return, besides mileage actually traveled, seven dollars;
(c) For levying each writ of attachment or writ of execution upon real or personal property, besides mileage, thirty
dollars per hour;
(d) For filing copy of writ of attachment or writ of execution with auditor, ten dollars plus auditor’s filing fee;
(e) For serving writ of possession or restitution without
aid of the county, besides mileage, twenty-five dollars;
(f) For serving writ of possession or restitution with aid
of the county, besides mileage, forty dollars plus thirty dollars for each hour after one hour;
(g) For serving an arrest warrant in any action or proceeding, besides mileage, thirty dollars;
(h) For executing any other writ or process in a civil
action or proceeding, besides mileage, thirty dollars per hour;
(i) For each mile actually and necessarily traveled in
going to or returning from any place of service, or attempted
service, thirty-five cents;
(j) For making a deed to lands sold upon execution or
order of sale or other decree of court, to be paid by the purchaser, thirty dollars;
(k) For making copies of papers when sufficient copies
are not furnished, one dollar for first page and fifty cents per
each additional page;
(l) For the service of any other document and supporting
papers for which no other fee is provided for herein, twelve
dollars;
(m) For posting a notice of sale, or postponement, ten
dollars besides mileage;
(n) For certificate or bill of sale of property, or certificate
of redemption, thirty dollars;
(o) For conducting a sale of property, thirty dollars per
hour spent at a sheriff’s sale;
(p) For notarizing documents, five dollars for each document;
(q) For fingerprinting for noncriminal purposes, ten dollars for each person for up to two sets, three dollars for each
additional set;
(r) For mailing required by statute, whether regular, certified, or registered, the actual cost of postage;
(s) For an internal criminal history records check, ten
dollars;
(t) For the reproduction of audio, visual, or photographic
material, to include magnetic microfilming, the actual cost
including personnel time.
(2) Fees allowable under this section may be recovered
by the prevailing party incurring the same as court costs.
Nothing contained in this section permits the expenditure of
36.18.040
(2008 Ed.)
36.18.080
public funds to defray costs of private litigation. Such costs
shall be borne by the party seeking action by the sheriff, and
may be recovered from the proceeds of any subsequent judicial sale, or may be added to any judgment upon proper application to the court entering the judgment.
(3) Notwithstanding subsection (1) of this section, a
county legislative authority may set the amounts of fees that
shall be collected by the sheriff under subsection (1) of this
section to cover the costs of administration and operation.
[1992 c 164 § 1; 1981 c 194 § 1; 1975 1st ex.s. c 94 § 1; 1963
c 4 § 36.18.040. Prior: 1959 c 263 § 8; 1951 c 51 § 6; 1907 c
56 § 1, part, p 91; 1903 c 151 § 1, part, p 294; 1893 c 130 § 1,
p 422; Code 1881 § 2086, part, p 356; 1869 p 364 § 1, part, p
365; 1865 p 94 § 1, part, p 97; 1863 p 391 § 1, part, p 392;
1861 p 34 § 1, part, p 35; 1854 p 368 § 1, part, p 369; RRS §
497, part.]
Severability—1981 c 194: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1981 c 194 § 5.]
36.18.045 Treasurer’s fees. County treasurers shall
collect the following fees for their official services:
For preparing and certifying copies, with or without seal
for the first legal size page, two dollars, for each additional
legal size page, one dollar. [1963 c 4 § 36.18.045. Prior:
1959 c 263 § 10.]
36.18.045
36.18.050 Fees in special cases. Every officer who
shall be called on or required to perform service for which no
fees or compensation are provided for in this chapter shall be
allowed fees similar and equal to those allowed him for services of the same kind for which allowance is made herein.
[1963 c 4 § 36.18.050. Prior: Code 1881 § 2098; 1869 p 374
§ 20; 1863 p 398 § 5; 1861 p 41 § 5; 1854 p 375 § 4; RRS §
4234.]
36.18.050
36.18.060 Fees payable in advance—Exception. The
officers mentioned in this chapter except the county sheriff
shall not, in any case, except for the state or county, perform
any official services unless the fees prescribed therefor are
paid in advance, and on such payment the officer must perform the services required. The county sheriff may allow
payment to be made after official services have been performed as the sheriff deems appropriate. For every failure or
refusal to perform official duty when the fees are tendered,
the officer is liable on his official bond. [1981 c 194 § 2;
1963 c 4 § 36.18.060. Prior: 1890 p 315 § 39; RRS § 506.]
36.18.060
Severability—1981 c 194: See note following RCW 36.18.040.
36.18.070 Single mileage chargeable when. When any
sheriff, constable or coroner serves more than one process in
the same cause or on the same person not requiring more than
one journey from his office, he shall receive mileage only for
the most distant service. [1963 c 4 § 36.18.070. Prior: Code
1881 § 2094; 1869 p 373 § 16; RRS § 501.]
36.18.070
36.18.080 Fee schedule to be kept posted. Every
county officer entitled to collect fees from the public shall
keep posted in his office a plain and legible statement of the
fees allowed by law and failure so to do shall subject the
36.18.080
[Title 36 RCW—page 35]
36.18.090
Title 36 RCW: Counties
officer to a fine of one hundred dollars and costs, to be recovered in any court of competent jurisdiction. [1963 c 4 §
36.18.080. Prior: 1890 p 315 § 41; RRS § 4223. Cf. Code
1881 § 2091; 1869 p 373 § 13.]
tence. [2003 c 53 § 201; 1992 c 7 § 33; 1963 c 4 § 36.18.170.
Prior: 1893 c 81 § 2; RRS § 4226. Cf. RCW 42.20.070.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
36.18.180 Office to be declared vacant on conviction.
The board of county commissioners of any county in this
state, upon receiving a certified copy of the record of conviction of any officer for receiving illegal fees, or where the
officer collects fees and fails to account for the same, upon
proof thereof must declare his office vacant and appoint his
successor. [1963 c 4 § 36.18.180. Prior: 1890 p 315 § 42;
RRS § 4224.]
36.18.180
36.18.090 Itemized receipt to be given. Every officer,
when requested so to do, shall make out a bill of his fees in
every case, and for any services, specifying each particular
item thereof, and receipt the same when it is paid, which bill
of fees shall always be subject to examination and correction
by the courts. Any officer who fails to comply with the
requirements of this section shall be liable to the person paying the fees in treble the amount so paid. [1963 c 4 §
36.18.090. Prior: (i) 1890 p 315 § 40; RRS § 4222. (ii) Code
1881 § 2102; 1869 p 374 § 24; 1863 p 398 § 3; 1861 p 41 § 3;
1854 p 376 § 6; RRS § 4235.]
36.18.090
36.18.110 Monthly statement to county auditor.
Every salaried county and precinct officer authorized to
receive fees shall on or before the first Monday of each
month and at the end of his or her term of office submit to the
county auditor a statement for the month last past. [1985 c 44
§ 3; 1984 c 128 § 3; 1963 c 4 § 36.18.110. Prior: 1907 c 65 §
1; RRS § 4214.]
36.18.110
36.18.120 Statements to be checked. The county auditor shall check the statements submitted to the county auditor
and the records pertaining thereto, and if they are found to be
correct, shall return them after having attached thereto the
official certificates. [1985 c 44 § 4; 1984 c 128 § 4; 1963 c 4
§ 36.18.120. Prior: 1907 c 65 § 2; RRS § 4215.]
36.18.120
36.18.130 Errors or irregularities. If any errors or
irregularities are found by the checking officer he shall
immediately notify the officer interested, and if within three
days after such notification the errors or irregularities are not
corrected by such officer, the checking officer shall notify the
board of county commissioners in writing and upon receipt of
such notification the board shall proceed against such officer
in the manner provided by law. [1963 c 4 § 36.18.130. Prior:
1907 c 65 § 4; RRS § 4216.]
36.18.130
36.18.160 Penalty for taking illegal fees. If any officer
takes more or greater fees than are allowed by law he shall be
subject to prosecution, and on conviction, shall be removed
from office and fined in a sum not exceeding one thousand
dollars. [1963 c 4 § 36.18.160. Prior: Code 1881 § 2090;
1869 p 373 § 12; RRS § 4225. Cf. RCW 9.33.040.]
36.18.160
36.18.170 Penalty for failure to pay over fees. Any
salaried county or precinct officer, who fails to pay to the
county treasury all sums that have come into the officer’s
hands for fees and charges for the county, or by virtue of the
officer’s office, whether under the laws of this state or of the
United States, is guilty of a class C felony, and upon conviction thereof shall be punished by imprisonment in a state correctional facility not less than one year nor more than three
years: PROVIDED, That upon conviction, his or her office
shall be declared to be vacant by the court pronouncing sen-
36.18.190 Collection of unpaid financial obligations—Collection contracts—Interest to collection agencies authorized. Superior court clerks may contract with
collection agencies under chapter 19.16 RCW or may use
county collection services for the collection of unpaid courtordered legal financial obligations as enumerated in RCW
9.94A.030 that are ordered pursuant to a felony or misdemeanor conviction and of unpaid financial obligations
imposed under Title 13 RCW. The costs for the agencies or
county services shall be paid by the debtor. The superior
court may, at sentencing or at any time within ten years,
assess as court costs the moneys paid for remuneration for
services or charges paid to collection agencies or for collection services. By agreement, clerks may authorize collection
agencies to retain all or any portion of the interest collected
on these accounts. Collection may not be initiated with
respect to a criminal offender who is under the supervision of
the department of corrections without the prior agreement of
the department. Superior court clerks are encouraged to initiate collection action with respect to a criminal offender who
is under the supervision of the department of corrections,
with the department’s approval.
Any contract with a collection agency shall be awarded
only after competitive bidding. Factors that a court clerk shall
consider in awarding a collection contract include but are not
limited to: (1) A collection agency’s history and reputation in
the community; and (2) the agency’s access to a local database that may increase the efficiency of its collections. Contracts may specify the scope of work, remuneration for services, and other charges deemed appropriate.
The servicing of an unpaid court obligation does not constitute assignment of a debt, and no contract with a collection
agency may remove the court’s control over unpaid obligations owed to the court.
The county clerk may collect civil judgments where the
county is the creditor. [1997 c 24 § 1. Prior: 1995 c 291 § 8;
1995 c 262 § 1; 1994 c 185 § 9.]
36.18.190
36.18.170
[Title 36 RCW—page 36]
Chapter 36.21
Chapter 36.21 RCW
COUNTY ASSESSOR
Sections
36.21.011
36.21.015
Appointment of deputies and assistants—Engaging expert
appraisers—Employment and classification plans for
appraisers.
Qualifications for persons assessing real property—Examination—Examination waiver—Continuing education requirement.
(2008 Ed.)
County Assessor
36.21.070
36.21.080
36.21.090
36.21.100
New construction building permits—Appraisal of building.
New construction building permits—When property placed on
assessment rolls.
Initial placement of mobile home on assessment roll.
Annual report to department of revenue on property tax levies
and related matters.
Assessor’s plats: Chapter 58.18 RCW.
Duties relating to
cemetery district organization: Chapter 68.52 RCW.
drainage district revenue act: Chapter 85.32 RCW.
drainage districts: Chapter 85.06 RCW.
fire protection district, resolution creating: RCW 52.02.150.
flood control districts: Chapter 86.09 RCW.
forest insect and disease control: Chapter 76.06 RCW.
forest rehabilitation: Chapter 76.14 RCW.
irrigation districts
dissolution of districts with bonds: Chapter 87.53 RCW.
dissolution of insolvent districts: Chapter 87.56 RCW.
generally: Chapter 87.03 RCW.
joint control of: RCW 87.80.090.
metropolitan municipal corporation: Chapter 35.58 RCW.
mosquito control districts: Chapter 17.28 RCW.
pest districts: Chapter 17.12 RCW.
reforestation: RCW 79.22.010.
school district organization: Chapter 28A.315 RCW.
school districts, appeals from boundary changes, decisions: RCW
28A.645.040.
section and corner lines, establishment of: Chapter 58.04 RCW.
taxes, property
certification of on operating property of private car companies: RCW
84.16.130.
certification of on operating property of public utilities: RCW
84.12.370.
collection of: Chapter 84.56 RCW.
equalization of assessments: Chapter 84.48 RCW.
exemptions: Chapter 84.36 RCW.
levy of: Chapter 84.52 RCW.
lien on: Chapter 84.60 RCW.
listing of: Chapter 84.40 RCW.
nonoperating property of private car companies: RCW 84.16.140.
nonoperating property of public utilities: RCW 84.12.380.
revaluation: Chapter 84.41 RCW.
taxable situs: Chapter 84.44 RCW.
weed district assessments: Chapter 17.04 RCW.
Lands lying in both a fire protection district and forest protection assessment
area, assessment by: RCW 52.16.170.
Mobile home or park model trailer movement permits: RCW 46.44.173.
Property tax advisor: RCW 84.48.140.
Public lands, harbor areas, re-lease of, rental based on assessor’s valuation: RCW 79.115.120.
Revenue, department of, to test work of, advise: RCW 84.08.020, 84.08.030,
84.08.190.
Taxes, property, penalty for nonperformance of duty: RCW 84.09.040.
Taxes for city and town purposes: State Constitution Art. 11 § 12.
Transfer of ownership of mobile home, county assessor notified: RCW
46.12.105.
Washington Clean Air Act, assessors’ duties under: RCW 70.94.095.
36.21.011 Appointment of deputies and assistants—
Engaging expert appraisers—Employment and classification plans for appraisers. Any assessor who deems it
necessary in order to complete the listing and the valuation of
the property of the county within the time prescribed by law,
(1) may appoint one or more well qualified persons to act as
assistants or deputies who shall not engage in the private
practice of appraising within the county in which he or she is
employed without the written permission of the assessor filed
with the auditor; and each such assistant or deputy so
appointed shall, under the direction of the assessor, after tak36.21.011
(2008 Ed.)
36.21.015
ing the required oath, perform all the duties enjoined upon,
vested in or imposed upon assessors, and (2) may contract
with any persons, firms or corporations, who are expert
appraisers, to assist in the valuation of property.
To assist each assessor in obtaining adequate and well
qualified assistants or deputies, the state department of personnel, after consultation with the Washington state association of county assessors, the Washington state association of
counties, and the department of revenue, shall establish by
July 1, 1967, and shall thereafter maintain, a classification
and salary plan for those employees of an assessor who act as
appraisers. The plan shall recommend the salary range and
employment qualifications for each position encompassed by
it, and shall, to the fullest extent practicable, conform to the
classification plan, salary schedules and employment qualifications for state employees performing similar appraisal
functions.
An assessor who intends to put such plan into effect shall
inform the department of revenue and the county legislative
authority of this intent in writing. The department of revenue
and the county legislative authority may thereupon each designate a representative, and such representative or representatives as may be designated by the department of revenue or
the county legislative authority, or both, shall form with the
assessor a committee. The committee so formed may, by
unanimous vote only, determine the required number of certified appraiser positions and their salaries necessary to
enable the assessor to carry out the requirements relating to
revaluation of property in chapter 84.41 RCW. The determination of the committee shall be certified to the county legislative authority. The committee may be formed only once in
a period of four calendar years.
After such determination, the assessor may provide, in
each of the four next succeeding annual budget estimates, for
as many positions as are established in such determination.
Each county legislative authority to which such a budget estimate is submitted shall allow sufficient funds for such positions. An employee may be appointed to a position covered
by the plan only if the employee meets the employment qualifications established by the plan. [1995 c 134 § 12. Prior:
1994 c 301 § 6; 1994 c 124 § 1; 1973 1st ex.s. c 11 § 1; 1971
ex.s. c 85 § 2; 1967 ex.s. c 146 § 7; 1963 c 4 § 36.21.011;
prior: 1955 c 251 § 10.]
36.21.015 Qualifications for persons assessing real
property—Examination—Examination waiver—Continuing education requirement. (1) Any person having the
responsibility of valuing real property for purposes of taxation including persons acting as assistants or deputies to a
county assessor under RCW 36.21.011 shall have first:
(a) Had at least one year of experience in transactions
involving real property, in appraisal of real property, or in
assessment of real property, or at least one year of experience
in a combination of the three;
(b) Become knowledgeable in repair and remodeling of
buildings and improvement of land, and in the significance of
locality and area to the value of real property;
(c) Become knowledgeable in the standards for appraising property set forth by the department of revenue; and
(d) Met other minimum requirements specified by
department of revenue rule.
36.21.015
[Title 36 RCW—page 37]
36.21.070
Title 36 RCW: Counties
(2) The department of revenue shall prepare and administer an examination on subjects related to the valuation of
real property. No person shall assess real property for purposes of taxation without having passed said examination or
having received an examination waiver from the department
of revenue upon showing education or experience determined
by the department to be equivalent to passing the examination. A person passing said examination or receiving an
examination waiver shall be accredited accordingly by the
department of revenue.
(3) The department of revenue may by rule establish
continuing education requirements for persons assessing real
property for purposes of taxation. The department shall provide accreditation of completion of requirements imposed
under this section. No person shall assess real property for
purposes of taxation without complying with requirements
imposed under this subsection.
(4) To the extent practical, the department of revenue
shall coordinate accreditation requirements under this section
with the requirements for certified real estate appraisers
under chapter 18.140 RCW.
(5) The examination requirements of subsection (2) of
this section shall not apply to any person who shall have
either:
(a) Been certified as a real property appraiser by the
department of personnel prior to July 1, 1992; or
(b) Attended and satisfactorily completed the assessor’s
school operated jointly by the department of revenue and the
Washington state assessors association prior to August 9,
1971. [1991 c 218 § 3; 1977 c 75 § 30; 1971 ex.s. c 288 § 17;
1971 ex.s. c 27 § 1.]
Effective date—1991 c 218: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately, except section 3 of this act, which shall take effect July 1, 1992."
[1991 c 218 § 5.]
Savings—Severability—1971 ex.s. c 288: See notes following RCW
84.40.030.
36.21.070 New construction building permits—
Appraisal of building. Upon receipt of a copy of a building
permit, the county assessor shall, within twelve months of the
date of issue of such permit, proceed to make a physical
appraisal of the building or buildings covered by the permit.
[1989 c 246 § 3; 1987 c 134 § 1; 1963 c 4 § 36.21.070. Prior:
1955 c 129 § 4.]
36.21.070
36.21.080 New construction building permits—
When property placed on assessment rolls. The county
assessor is authorized to place any property that is increased
in value due to construction or alteration for which a building
permit was issued, or should have been issued, under chapter
19.27, 19.27A, or 19.28 RCW or other laws providing for
building permits on the assessment rolls for the purposes of
tax levy up to August 31st of each year. The assessed valuation of the property shall be considered as of July 31st of that
year. [1989 c 246 § 4; 1987 c 319 § 5; 1985 c 220 § 1; 1982
1st ex.s. c 46 § 4; 1981 c 274 § 3; 1975 1st ex.s. c 120 § 1;
1974 ex.s. c 196 § 7; 1963 c 4 § 36.21.080. Prior: 1955 c 129
§ 5.]
36.21.080
Severability—1974 ex.s. c 196: See note following RCW 84.56.020.
[Title 36 RCW—page 38]
Destroyed property, reduction in value, abatement or refund of taxes: Chapter 84.70 RCW.
36.21.090 Initial placement of mobile home on assessment roll. When any mobile home first becomes subject to
assessment for property taxes in this state, the county assessor is authorized to place the mobile home on the assessment
rolls for purposes of tax levy up to August 31st of each year.
The assessed valuation of the mobile home shall be considered as of the July 31st immediately preceding the date that
the mobile home is placed on the assessment roll. [1987 c
134 § 2; 1977 ex.s. c 22 § 7.]
36.21.090
Severability—1977 ex.s. c 22: See note following RCW 46.04.302.
36.21.100 Annual report to department of revenue
on property tax levies and related matters. Every county
assessor shall report to the department of revenue on the
property tax levies and related matters within the county
annually at a date and in a form prescribed by the department
of revenue. The report shall include, but need not be limited
to, the results of sales-assessment ratio studies performed by
the assessor. The ratio studies shall be based on use classes of
real property and shall be performed under a plan approved
by the department of revenue. [1991 c 218 § 4; 1987 c 138 §
8.]
36.21.100
Effective date—1991 c 218: See note following RCW 36.21.015.
Chapter 36.22
Chapter 36.22 RCW
COUNTY AUDITOR
Sections
36.22.010
36.22.020
36.22.030
36.22.040
36.22.050
36.22.060
36.22.070
36.22.080
36.22.090
36.22.100
36.22.110
36.22.120
36.22.140
36.22.150
36.22.160
36.22.170
36.22.175
36.22.178
36.22.179
36.22.1791
36.22.181
36.22.190
36.22.200
36.22.210
36.22.220
36.22.230
Duties of auditor.
Publisher of legislative authority proceedings—Custodian of
commissioners’ seal.
May administer oaths.
Duty to audit claims against county.
Issuance of warrants—Multiple warrants.
Record of warrants.
Original claims to be retained.
Claims of auditor.
Warrants of political subdivisions.
Cancellation of unclaimed warrants.
Auditor cannot act as attorney or lobbyist.
Temporary clerk may be appointed.
Auditor or charter county financial officer—Ex officio deputy
state auditor.
Duty of retiring auditor or his representative in case of death.
Copying, preserving, and indexing documents.
Surcharge for preservation of historical documents—Distribution of revenue to county and state treasurer—Creation of
account.
Surcharge for local government archives and records management—Records management training—Eastern Washington
regional facility.
Affordable housing for all surcharge—Permissible uses.
Surcharge for local homeless housing and assistance—Use.
Additional surcharge for local homeless housing and assistance—Use.
Surcharge for prosecution of mortgage lending fraud—Transmittal to state treasurer.
Distribution of funds.
Action for change of name—Filing and recording.
Process servers—Registration—Fees.
Election assistants, deputies—Appointment, qualifications.
Election assistants, deputies—Additional qualifications.
Acknowledgments, auditor may take: RCW 64.08.010.
Appointment as agent for licensing of vehicles: RCW 46.01.130, 46.01.140,
46.01.270.
Canvassing board, auditor as member: RCW 39.40.030.
(2008 Ed.)
County Auditor
Cities and towns, certificates of election, auditor to issue: RCW 35.02.130.
Civil actions, judgment by confession acknowledged before: RCW 4.60.040.
County accounts, expense for examination of, auditor to issue warrant for:
RCW 43.09.280.
County canvassing board, auditor as member: RCW 29A.60.160.
Custodian of records, auditor as: RCW 65.04.140.
Department of revenue to advise: RCW 84.08.020.
Diking district, auditor as agent of county commissioners in signing petition
for: RCW 85.05.083.
Dissolution of inactive port districts: Chapter 53.47 RCW.
District court districting committee, auditor as member of: RCW 3.38.010.
Duties relating to
absentee voting: Chapter 29A.40 RCW.
air pollution control districts: Chapter 70.94 RCW.
aircraft excise taxes: Chapter 82.48 RCW.
appeals from tax levies: Chapter 84.08 RCW.
assessor’s plats: RCW 58.18.010.
basic juvenile court act: Chapter 13.04 RCW.
boundary line proceedings: RCW 58.04.040.
cemetery districts: Chapter 68.52 RCW.
cemetery plat, filing of: RCW 68.24.030.
certification of offices, notice of election: Chapter 29A.36 RCW.
chattel liens: Chapter 60.08 RCW.
chattel mortgages: Chapter 60.08 RCW, Article 62A.9A RCW.
assignment and satisfaction of: Chapter 61.16 RCW.
cities and towns
advancement of classification: Chapter 35.06 RCW.
agreements for sewer connections outside of: RCW 35.67.310.
cities support of county in which generating plant located: RCW
35.21.450.
corrective plats of: RCW 58.10.030.
determining town’s uncertain boundaries: RCW 35.27.040, 35.27.050.
disincorporation of: Chapter 35.07 RCW.
general indebtedness bonds, county tax levy to pay: RCW 35.37.120.
incorporation proceedings: Chapter 35.02 RCW.
ordinance reducing city limits: RCW 35.16.050.
unfit buildings, structures, or premises, abatement: RCW 35.80.030.
claim of spouse or domestic partner in community realty: RCW
26.16.100.
collection agency surety bonds: RCW 19.16.190.
conditional sales contracts: Article 62A.9A RCW.
corporations, nonprofit, generally: Title 24 RCW.
educational, religious, benevolent, fraternal or charitable: Chapter
24.03 RCW.
mutual benefit: Chapter 24.03 RCW.
nonstock: Chapter 24.03 RCW.
county airport districts: Chapter 14.08 RCW.
county and city tuberculosis hospital: Chapter 70.30 RCW.
credit unions: Chapter 31.12 RCW.
crop liens: Chapter 60.11 RCW.
dances, licensing of: Chapter 67.12 RCW.
diking, drainage and sewerage improvement districts
generally: Chapter 85.08 RCW.
maintenance costs and levies: Chapter 85.16 RCW.
diking, drainage district benefits to roads, how paid: RCW 85.07.040,
85.07.050.
diking districts: Chapter 85.05 RCW.
levy for continuous benefits: Chapter 85.18 RCW.
reorganization of (1917 act): Chapter 85.20 RCW.
reorganization of (1933 act): Chapter 85.22 RCW.
disinfection of horticultural premises: Chapter 15.08 RCW.
dissolution of inactive special purpose districts: Chapter 36.96 RCW.
doctors, nurses and hospital services, lien for: Chapter 60.44 RCW.
drainage district revenue act: Chapter 85.32 RCW.
drainage districts: Chapter 85.06 RCW.
reorganization of (1917 act): Chapter 85.20 RCW.
reorganization of (1933 act): Chapter 85.22 RCW.
elections
absentee voting: Chapter 29A.40 RCW.
ballots: Chapter 29A.36 RCW.
canvassing returns: Chapter 29A.60 RCW.
ceremonial certificate of, auditor to issue: RCW 29A.52.360.
change of precinct boundaries: RCW 29A.76.030.
(2008 Ed.)
Chapter 36.22
combining or dividing precincts, election boards: RCW 29A.16.060.
conduct of: RCW 29A.60.010.
congressional elections: Chapter 29A.28 RCW.
declarations of candidacy: Chapter 29A.52 RCW.
initiative and referendum: Chapter 29A.72 RCW.
nonpartisan primaries, elections: Chapter 29A.52 RCW.
polling places
accessibility to individuals with disabilities: Chapter 29A.16 RCW.
regulations, after closing: Chapter 29A.60 RCW.
precinct officers: Chapter 29A.44 RCW.
presidential electors: Chapter 29A.56 RCW.
public disclosure reports, handling of: RCW 29A.04.225.
recall: Chapter 29A.56 RCW.
registration of voters for: Chapter 29A.08 RCW.
status, transfers, and cancellations: Chapter 29A.08 RCW.
regulations before polls open: Chapter 29A.44 RCW.
voting systems: Chapter 29A.12 RCW.
electric franchises and rights-of-way: RCW 80.32.010.
eminent domain
by cities: Chapter 8.12 RCW.
by counties: Chapter 8.08 RCW.
employee contributions to benefit plans lien claim: RCW 60.76.020.
employee payroll deductions: RCW 41.04.020 through 41.04.036.
execution of judgment: Chapter 6.17 RCW.
fire protection districts: Chapters 52.04, 52.16 RCW.
merger of: Chapter 52.06 RCW.
flood control by counties jointly: Chapter 86.13 RCW.
flood control districts (1937 act): Chapter 86.09 RCW.
flood control zone districts: Chapter 86.15 RCW.
food fish and shellfish
fishways for: RCW 77.57.030.
guards: RCW 77.57.010.
forest fire protection assessments: RCW 76.04.610.
forest protection, claims for damages, services: Chapter 76.04 RCW.
franchises on state highways: Chapter 47.44 RCW.
funding indebtedness of counties: Chapter 39.52 RCW.
health districts: Chapter 70.46 RCW.
homesteads: Chapter 6.13 RCW.
horizontal property regimes (condominiums), declarations and survey
maps of: RCW 64.32.100, 64.32.140.
hospital districts: Chapter 70.44 RCW.
housing authority act: Chapter 35.82 RCW.
insurance, mergers and insolvencies: Chapter 48.31 RCW.
intercounty rural library district: Chapter 27.12 RCW.
intercounty weed districts: Chapter 17.06 RCW.
irregular instruments, recording of: RCW 65.08.030.
irrigation districts
director divisions: RCW 87.04.070.
dissolution of districts with bonds: Chapter 87.53 RCW.
dissolution of insolvent districts: Chapter 87.56 RCW.
generally: Chapter 87.03 RCW.
joint control of: Chapter 87.80 RCW.
under contract with United States: Chapter 87.68 RCW.
juries, drawing of: Chapter 2.36 RCW.
labor, materials and taxes on public works, liens for: Chapter 60.28
RCW.
labor and services on timber and lumber, lien for: Chapter 60.24 RCW.
labor lien on restaurant, tavern, hotel, etc.: Chapter 60.34 RCW.
labor liens on franchises, earnings and property of certain companies:
Chapter 60.32 RCW.
land office receipts, recording of: RCW 65.08.050.
lease of personal property with conditional right to purchase: Article
62A.9A RCW.
letters patent, recording of: RCW 65.08.090.
licenses to practice dentistry: Chapter 18.32 RCW.
lien of employees for contributions to benefit plans: Chapter 60.76 RCW.
liquor
billiard tables, bowling alleys, licensing of, use, sale of: Chapter 67.14
RCW.
retail license: RCW 67.14.040.
sales, local option on: Chapter 66.40 RCW.
wholesale license: RCW 67.14.050.
marriages: Chapter 26.04 RCW.
mechanics’ and materialmen’s liens: Chapter 60.04 RCW.
metropolitan municipal corporations: Chapter 35.58 RCW.
mining claims
[Title 36 RCW—page 39]
36.22.010
Title 36 RCW: Counties
location of: Chapter 78.08 RCW.
survey reports: Chapter 78.06 RCW.
mosquito control districts: Chapter 17.28 RCW.
motor vehicle licensing: RCW 46.01.130, 46.01.140, 46.01.270.
municipal court elections: Chapter 35.20 RCW.
municipal water and sewer facilities act: Chapter 35.91 RCW.
new or limited access highway routes: RCW 47.28.025.
notice of lis pendens: RCW 4.28.160, 4.28.320.
orchard labor liens: Chapter 60.16 RCW.
order discharging attachment: RCW 6.25.160.
park and recreation district commissioner elections: RCW 36.69.090.
partnership ditches, lien claim for labor done: RCW 90.03.450.
partnerships, uniform limited partnerships act: Chapters 25.10, 25.12
RCW.
pendency of action in United States court: RCW 4.28.325.
pest districts: Chapter 17.12 RCW.
planning commission: Chapter 35.63 RCW.
plats, subdivisions and dedications: Chapter 58.17 RCW.
port district L.I.D.’s: RCW 53.20.050.
port districts
annexation of land to: Chapter 53.04 RCW.
budget of: Chapter 53.35 RCW.
commissioner elections: Chapter 53.12 RCW.
consolidation of: Chapter 53.46 RCW.
formation of: Chapter 53.04 RCW.
precinct committee officer: Chapter 29A.80 RCW.
precinct election officers: Chapter 29A.44 RCW.
public assistance lien claim: RCW 74.04.300.
public lands
lease of: Chapter 79.13 RCW.
leasing on share crop basis: RCW 79.13.320 through 79.13.360.
materials on, sale of: Chapter 79.15 RCW.
tidelands and shorelands plats: RCW 79.125.040.
public records and evidence: Chapter 5.44 RCW.
public utility districts: Chapters 54.08, 54.12, 54.24, 54.40 RCW.
public waterway districts: Chapter 91.08 RCW.
eminent domain by: RCW 91.08.150.
real property conveyances, recording of: RCW 65.08.070.
reclamation and irrigation districts in United States reclamation areas:
Chapter 89.12 RCW.
reclamation districts of one million acres: Chapter 89.30 RCW.
recording, generally: Chapters 65.04, 65.08 RCW.
liability of auditor for damages: RCW 65.04.110.
recording of town plats: Chapter 58.08 RCW.
registration of land titles: Chapter 65.12 RCW.
river and harbor improvement districts: Chapter 88.32 RCW.
river and harbor improvements by counties jointly: RCW 88.32.180
through 88.32.220.
sales under execution and redemption: Chapter 6.21 RCW.
school district directors, superintendents, signatures of: RCW
28A.400.020.
school district organization: Chapter 28A.315 RCW.
school districts, warrants and accounts: Chapter 28A.350 RCW.
liability: RCW 28A.350.060.
sires, services of, lien for: Chapter 60.52 RCW.
street railways: Chapter 81.64 RCW.
superior court, expenses of visiting judge: RCW 2.08.170.
superior court, judges salary: RCW 2.08.100 through 2.08.110.
taxes
excise on real estate sales: RCW 82.45.090.
internal revenue, liens for: Chapter 60.68 RCW.
motor vehicle fuel: RCW 82.36.110.
motor vehicle use tax: RCW 82.12.045.
property
collection of: Chapter 84.56 RCW.
equalization of assessments: Chapter 84.48 RCW.
recovery: Chapter 84.68 RCW.
townsites on United States lands, acquisition of lands by inhabitants:
Chapter 58.28 RCW.
unemployment compensation contributions, lien for: RCW 50.24.050.
vehicle licensing: RCW 46.01.130, 46.01.140, 46.01.270.
veterans’ meeting place, rent by county: RCW 73.04.080.
veterans’ relief: Chapter 73.08 RCW.
water-sewer districts
annexation of property to: Chapter 57.24 RCW.
consolidation of: Chapter 57.32 RCW.
[Title 36 RCW—page 40]
funds of: Chapter 57.20 RCW.
generally: Title 57 RCW.
merger of: Chapter 57.36 RCW.
transfer of part: RCW 57.32.160.
withdrawal of territory from: Chapter 57.28 RCW.
water rights certificates: RCW 90.03.330.
water rights, United States: Chapter 90.40 RCW.
weed districts: Chapter 17.04 RCW.
workers’ compensation contributions, liens for: RCW 51.16.170.
Eminent domain by
cities of county land, auditor served: RCW 8.12.080.
state, decree of appropriation filed with auditor: RCW 8.04.120.
state of county land, notice of served on auditor: RCW 8.04.020.
Mobile home identification tags, issuance: RCW 46.01.130, 46.01.140.
Motor vehicle licensing: RCW 46.01.130, 46.01.140, 46.01.270.
Plats, validation of defective city or town plats in office of: Chapter 58.10
RCW.
Public lands, sales and lease of, duties of auditor in certain counties transferred to treasurer: RCW 79.02.090.
Public lands and materials on, sale of, auditor as auctioneer: RCW
79.11.150.
Reclamation district commission, auditor as clerk of: RCW 89.30.058.
Registrar of titles
auditor as: RCW 65.12.050.
not to practice law, when: RCW 65.12.065.
Summons for claim against county served on auditor: RCW 4.28.080.
Support of dependent children, auditor to charge no fees in connection with:
RCW 74.20.300.
Taxes, property, penalty for nonperformance of duty: RCW 84.09.040.
Television reception improvement districts, auditor’s duties: Chapter 36.95
RCW.
Temporary gate across highways, auditor to grant permit for, when: RCW
16.60.085.
Veterans, auditor to furnish documents for free: RCW 73.04.120.
Veterans’ discharge, auditor to record without fee: RCW 73.04.030 through
73.04.042.
Veterans’ pension papers, auditor to charge no fee: RCW 73.04.010.
36.22.010 Duties of auditor. The county auditor:
(1) Shall be recorder of deeds and other instruments in
writing which by law are to be filed and recorded in and for
the county for which he or she is elected;
(2) Shall keep an account current with the county treasurer, charge all money received as shown by receipts issued
and credit all disbursements paid out according to the record
of settlement of the treasurer with the legislative authority;
(3) Shall make out and transmit to the state auditor a
complete statement of the state fund account with the county
for the past fiscal year certified by his or her certificate and
seal, immediately after the completion of the annual settlement of the county treasurer with the legislative authority.
The statement must be available to the public;
(4) Shall make available a complete exhibit of the prioryear finances of the county including, but not limited to, a
statement of financial condition and financial operation in
accordance with standards developed by the state auditor.
This exhibit shall be made available after the financial
records are closed for the prior year;
(5) Shall make out a register of all warrants legally
authorized and directed to be issued by the legislative body at
any regular or special meeting. The auditor shall make the
data available to the county treasurer. The auditor shall retain
the original of the register of warrants for future reference;
(6) As clerk of the board of county commissioners, shall:
36.22.010
(2008 Ed.)
County Auditor
Record all of the proceedings of the legislative authority;
Make full entries of all of their resolutions and decisions
on all questions concerning the raising of money for and the
allowance of accounts against the county;
Record the vote of each member on any question upon
which there is a division or at the request of any member
present;
Sign all orders made and warrants issued by order of the
legislative authority for the payment of money;
Record the reports of the county treasurer of the receipts
and disbursements of the county;
Preserve and file all accounts acted upon by the legislative authority;
Preserve and file all petitions and applications for franchises and record the action of the legislative authority
thereon;
Record all orders levying taxes;
Perform all other duties required by any rule or order of
the legislative authority. [1995 c 194 § 1; 1984 c 128 § 2;
1963 c 4 § 36.22.010. Prior: 1955 c 157 § 9; prior: (i) Code
1881 § 2707; 1869 p 310 §§ 1, 2, 3; 1863 p 549 §§ 1, 2, 3;
1854 p 424 §§ 1, 2, 3; RRS § 4083. (ii) Code 1881 § 2709;
RRS § 4085. (iii) Code 1881 § 2711; RRS § 4088. (iv) 1893
c 119 § 2; Code 1881 § 2712; 1869 p 311 § 6; 1863 p 550 §
6; 1854 p 425 § 6; RRS § 4089. (v) 1893 c 119 § 3; Code
1881 § 2571; RRS § 4090. (vi) 1893 c 119 § 4; Code 1881 §
2713; 1869 p 311 § 7; 1867 p 130 § 1; RRS § 4091. (vii) 1893
c 119 § 5; Code 1881 § 2714; 1869 p 311 § 8; 1867 p 131 §
2; RRS § 4092. (viii) 1893 c 119 § 7; Code 1881 § 2718; 1869
p 312 § 13; RRS § 4095. (ix) Code 1881 § 2719; RRS § 4098.
(x) 1893 c 119 § 8; Code 1881 § 2720; RRS § 4099.]
36.22.020 Publisher of legislative authority proceedings—Custodian of commissioners’ seal. It shall be the
duty of the county auditor of each county, within fifteen days
after the adjournment of each regular session, to publish a
summary of the proceedings of the legislative authority at
such term, in any newspaper published in the county or having a general circulation therein, or the auditor may post copies of such proceedings in three of the most public places in
the county. The seal of the county commissioners for each
county, used by the county auditor as clerk to attest the proceedings of the legislative authority, shall be and remain in
the custody of the county auditor, and the auditor is hereby
authorized to use such seal in attestation of all official acts,
whether as clerk of the legislative authority, as auditor or
recorder of deeds; and all certificates, exemplifications of
records, or other acts performed as county auditor, certified
under the seal of the county commissioners, pursuant to this
section, in this state, shall be as valid and legally binding as
though attested by a seal of office of the county auditor.
[1995 c 194 § 2; 1963 c 4 § 36.22.020. Prior: Code 1881 §
2724; 1869 p 313 § 17; RRS §§ 4102, 4103. Formerly RCW
36.16.080, 36.22.020, and 36.22.130.]
36.22.020
36.22.030 May administer oaths. Auditors and their
deputies may administer oaths necessary in the performance
of their duties and in all other cases where oaths are required
by law to be administered and take acknowledgments of
deeds and other instruments in writing: PROVIDED, That
36.22.030
(2008 Ed.)
36.22.070
any deputy county auditor, in administering such oath or taking such acknowledgment, shall certify to the same in his
own name as deputy, and not in the name of his principal, and
shall attach thereto the seal of the office: PROVIDED, That
all oaths administered or acknowledgments taken by any deputy of any county auditor certifying to the same in the name
of his principal by himself as such deputy, prior to the taking
effect of chapter 119, Laws of 1893 be and the same are
hereby legalized and made valid and binding. [1963 c 4 §
36.22.030. Prior: 1893 c 119 § 6; Code 1881 § 2717; 1869 p
312 § 11; 1863 p 550 § 8; 1854 p 425 § 8; RRS § 4094.]
36.22.040 Duty to audit claims against county. The
county auditor shall audit all claims, demands, and accounts
against the county which by law are chargeable to the county,
except such cost or fee bills as are by law to be examined or
approved by some other judicial tribunal or officer. Such
claims as it is his duty to audit shall be presented to the board
of county commissioners for their examination and allowance. [1963 c 4 § 36.22.040. Prior: 1893 c 119 § 1, part;
Code 1881 § 2710, part; 1869 p 310 § 5, part; 1863 p 549 § 5,
part; 1854 p 425 § 5, part; RRS § 4086, part.]
36.22.040
36.22.050 Issuance of warrants—Multiple warrants.
For claims allowed by the county commissioners, and also
for cost bills and other lawful claims duly approved by the
competent tribunal designated by law for their allowance, he
shall draw a warrant on the county treasurer, made payable to
the claimant or his order, bearing date from the time of and
regularly numbered in the order of their issue. If there is not
sufficient cash in the county treasury to cover such claims or
cost bills, or if a claimant requests, the auditor may issue a
number of smaller warrants, the total principal amounts of
which shall equal the amount of said claim or cost bill. [1975
c 31 § 1; 1969 ex.s. c 87 § 1; 1963 c 4 § 36.22.050. Prior: (i)
1893 c 119 § 1, part; Code 1881 § 2710, part; 1869 p 310 § 5,
part; 1863 p 549 § 5, part; 1854 p 425 § 5, part; RRS § 4086,
part. (ii) 1893 c 48 § 2; RRS § 4087.]
36.22.050
36.22.060 Record of warrants. The auditor shall maintain a record of when a warrant is issued. The record shall
include the warrant number, date, name of payee, amount,
nature of claims, or services provided. [1995 c 194 § 3; 1963
c 4 § 36.22.060. Prior: 1893 c 119 § 1, part; Code 1881 §
2710, part; 1869 p 310 § 5, part; 1863 p 549 § 5, part; 1854 p
425 § 5, part; RRS § 4086, part.]
36.22.060
36.22.070 Original claims to be retained. (1) The
auditor shall also retain all original bills and indorse thereon
claimant’s name, nature of claim, the action had, and if a warrant was issued, date and number the voucher or claim the
same as the warrant.
(2) The auditor may retain all claims, bills, and associated records referenced in subsection (1) of this section in an
electronic format sufficient for the conduct of official business.
(3) For the purposes of this section, "claims" shall
exclude claims filed against the county in accordance with
the provisions of chapter 4.96 RCW. [2003 c 72 § 1; 1963 c
4 § 36.22.070. Prior: 1893 c 119 § 1, part; Code 1881 §
36.22.070
[Title 36 RCW—page 41]
36.22.080
Title 36 RCW: Counties
2710, part; 1869 p 310 § 5, part; 1863 p 549 § 5, part; 1854 p
425 § 5, part; RRS § 4086, part.]
36.22.080 Claims of auditor. All claims of the county
auditor against the county for services shall be audited and
allowed by the board of county commissioners as other
claims are audited and allowed. Such warrants shall in all
respects be audited, approved, issued, numbered, registered,
and paid the same as any other county warrant. [1963 c 4 §
36.22.080. Prior: 1893 c 119 § 1, part; Code 1881 § 2710,
part; 1869 p 310 § 5, part; 1863 p 549 § 5, part; 1854 p 425 §
5, part; RRS § 4086, part.]
36.22.080
36.22.090 Warrants of political subdivisions. All
warrants for the payment of claims against diking, ditch,
drainage and irrigation districts and school districts of the
second class, who do not issue their own warrants, as well as
political subdivisions within the county for which no other
provision is made by law, shall be drawn and issued by the
county auditor of the county wherein such subdivision is
located upon vouchers properly approved by the governing
body thereof. [1975 c 43 § 31; 1973 c 111 § 4; 1963 c 4 §
36.22.090. Prior: 1915 c 74 § 1; RRS § 4096.]
36.22.090
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
Severability—1973 c 111: See note following RCW 28A.330.230.
36.22.100 Cancellation of unclaimed warrants. Registered or interest bearing county warrants not presented
within one year of the date of their call, and all other county
warrants not presented within one year of the date of their
issue shall be canceled by the legislative authority of the
county and the auditor and treasurer of the county shall cancel all record of such warrants, so as to leave the funds as if
such warrants had never been drawn. [1971 ex.s. c 120 § 1;
1963 c 4 § 36.22.100. Prior: 1909 c 170 § 1; 1886 p 161 § 1;
RRS § 4097.]
36.22.100
36.22.110 Auditor cannot act as attorney or lobbyist.
The person holding the office of county auditor, or deputy, or
performing its duties, shall not practice as an attorney or represent any person who is making any claim against the
county, or who is seeking to procure any legislative or other
action by the board of county commissioners. [2002 c 141 §
1; 1963 c 4 § 36.22.110. Prior: Code 1881 § 2722; 1869 p
312 § 12; 1863 p 550 § 9; 1854 p 425 § 9; RRS § 4100.]
36.22.110
36.22.120 Temporary clerk may be appointed. In
case the auditor is unable to attend to the duties of his office
during any session of the board of county commissioners, and
has no deputy by him appointed in attendance, the board may
temporarily appoint a suitable person not by law disqualified
from acting as such to perform the auditor’s duties. [1963 c
4 § 36.22.120. Prior: Code 1881 § 2723; 1869 p 313 § 15;
1863 p 550 § 12; 1854 p 425 § 11; RRS § 4101.]
36.22.120
36.22.140 Auditor or charter county financial
officer—Ex officio deputy state auditor. Each county auditor or financial officer designated in a charter county shall be
ex officio deputy of the state auditor for the purpose of
36.22.140
[Title 36 RCW—page 42]
accounting and reporting on municipal corporations and in
such capacity shall be under the direction of the state auditor,
but he or she shall receive no additional salary or compensation by virtue thereof and shall perform no duties as such,
except in connection with county business. [2006 c 280 § 1;
1995 c 301 § 61; 1963 c 4 § 36.22.140. Prior: 1909 c 76 §
12; RRS § 9962.]
36.22.150 Duty of retiring auditor or his representative in case of death. Each auditor, on retiring from office,
shall deliver to his successor the seal of office and all the
books, records, and instruments of writing belonging to the
office, and take his receipt therefor. In case of the death of the
auditor, his legal representatives shall deliver over the seal,
books, records and papers. [1963 c 4 § 36.22.150. Prior:
Code 1881 § 2725; 1869 p 314 § 22; RRS § 4104.]
36.22.150
36.22.160 Copying, preserving, and indexing documents. Each county auditor is hereby authorized to provide
for the installation and thereafter for the maintenance of an
improved system for copying, preserving, and indexing documents recorded in the county. Such a system may utilize the
latest technology including, but not limited to, photomicrographic and computerized electronic digital storage methodology. The initial installation of the improved system shall
include the following:
(1) The acquisition, installation, operation, and maintenance of the equipment provided for in the definition above;
and
(2) The establishment of procedures for the continued
preservation, indexing, and filing of all instruments and
records that will, after the effective installation date, constitute a part of the improved system. [1989 c 204 § 2.]
36.22.160
Reviser’s note: 1989 c 204 § 7 directed that this section be added to
chapter 36.18 RCW. This placement appears inappropriate and the section
has been codified as a part of chapter 36.22 RCW.
Findings—1989 c 204: "The legislature, finding in this centennial year
that many old documents recorded or filed with county officials are deteriorating due to age and environmental degradation and that such documents
require preservation in the public interest before they are irreparably damaged, enacts the centennial document preservation act of 1989." [1989 c 204
§ 1.]
36.22.170 Surcharge for preservation of historical
documents—Distribution of revenue to county and state
treasurer—Creation of account. (1)(a) Except as provided
in (b) of this subsection, a surcharge of five dollars per instrument shall be charged by the county auditor for each document recorded, which will be in addition to any other charge
authorized by law. One dollar of the surcharge shall be
deposited in the county general fund to be used at the discretion of the county commissioners to promote historical preservation or historical programs, which may include preservation of historic documents.
(b) A surcharge of two dollars per instrument shall be
charged by the county auditor for each document presented
for recording by the employment security department, which
will be in addition to any other charge authorized by law.
(2) Of the remaining revenue generated through the surcharges under subsection (1) of this section:
(a) Fifty percent shall be transmitted monthly to the state
treasurer who shall distribute such funds to each county trea36.22.170
(2008 Ed.)
County Auditor
surer within the state in July of each year in accordance with
the formula described in RCW 36.22.190. The county treasurer shall place the funds received in a special account titled
the auditor’s centennial document preservation and modernization account to be used solely for ongoing preservation of
historical documents of all county offices and departments
and shall not be added to the county current expense fund;
and
(b) Fifty percent shall be retained by the county and
deposited in the auditor’s operation and maintenance fund for
ongoing preservation of historical documents of all county
offices and departments.
(3) The centennial document preservation and modernization account is hereby created in the custody of the state
treasurer and shall be classified as a treasury trust account.
State distributions from the centennial document preservation and modernization account shall be made without appropriation. [2005 c 442 § 1; 1993 c 37 § 1; 1989 c 204 § 3.]
Findings—1989 c 204: See note following RCW 36.22.160.
36.22.175 Surcharge for local government archives
and records management—Records management training—Eastern Washington regional facility. (1)(a) In addition to any other charge authorized by law, the county auditor
shall charge a surcharge of one dollar per instrument for each
document recorded. Revenue generated through this surcharge shall be transmitted monthly to the state treasurer for
deposit in the local government archives account under RCW
40.14.024. These funds shall be used solely for providing
records scheduling, security microfilm inspection and storage, archival preservation, cataloging, and indexing for local
government records and digital data and access to those
records and data through the regional branch archives of the
division of archives and records management.
(b) The division of archives and records management
within the office of the secretary of state shall provide records
management training for local governments and shall establish a competitive grant program to solicit and prioritize
project proposals from local governments for potential funding to be paid for by funds from the auditor surcharge and tax
warrant surcharge revenues. Application for specific projects
may be made by local government agencies only. The state
archivist in consultation with the advisory committee established under RCW 40.14.027 shall adopt rules governing
project eligibility, evaluation, awarding of grants, and other
criteria including requirements for records management
training for grant recipients.
(2) The advisory committee established under RCW
40.14.027 shall review grant proposals and establish a prioritized list of projects to be considered for funding by January
1st of each even-numbered year, beginning in 2002. The
evaluation of proposals and development of the prioritized
list must be developed through open public meetings. Funding for projects shall be granted according to the ranking of
each application on the prioritized list and projects will be
funded only to the extent that funds are available. A grant
award may have an effective date other than the date the
project is placed on the prioritized list.
(3)(a) In addition to any other surcharge authorized by
law, the county auditor shall charge a surcharge of one dollar
36.22.175
(2008 Ed.)
36.22.178
per instrument for every document recorded after January 1,
2002. Revenue generated through this surcharge shall be
transmitted to the state treasurer monthly for deposit in the
local government archives account under RCW 40.14.024 to
be used exclusively for: (i) The construction and improvement of a specialized regional facility located in eastern
Washington designed to serve the archives, records management, and digital data management needs of local government; and (ii) payment of the certificate of participation
issued for the Washington state heritage center to the extent
there is an excess fund balance in the account and fees generated under RCW 36.18.010 and 43.07.128 are insufficient to
meet debt service payments on the certificate of participation.
(b) To the extent the facilities are used for the storage
and retrieval of state agency records and digital data, that portion of the construction of such facilities used for state government records and data shall be supported by other charges
and fees paid by state agencies and shall not be supported by
the surcharge authorized in this subsection, except that to the
extent there is an excess fund balance in the account and fees
generated under RCW 36.18.010 and 43.07.128 are insufficient to meet debt service payments for the Washington state
heritage center, the local government archives account under
RCW 40.14.024 may be used for the Washington state heritage center.
(c) At such time that all debt service from construction of
the specialized regional archive facility located in eastern
Washington has been paid, fifty percent of the surcharge
authorized by this subsection shall be reverted to the centennial document preservation and modernization account as
prescribed in RCW 36.22.170 and fifty percent of the surcharge authorized by this section shall be reverted to the state
treasurer for deposit in the archives and records management
account to serve the archives, records management, and digital data management needs of local government, except that
the state treasurer shall not revert funds to the centennial document preservation and modernization account and to the
archives and records management account if fees generated
under RCW 36.18.010 and 43.07.128 are insufficient to meet
debt service payments on the Washington state heritage center. [2008 c 328 § 6006; 2003 c 163 § 5; 2001 2nd sp.s. c 13
§ 1; 1996 c 245 § 1.]
Part headings not law—Severability—Effective date—2008 c 328:
See notes following RCW 43.155.050.
Effective date—2001 2nd sp.s. c 13: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect June
30, 2001." [2001 2nd sp.s. c 13 § 3.]
Effective date—1996 c 245: See note following RCW 40.14.025.
36.22.178 Affordable housing for all surcharge—
Permissible uses. The surcharge provided for in this section
shall be named the affordable housing for all surcharge.
(1) Except as provided in subsection (3) of this section, a
surcharge of ten dollars per instrument shall be charged by
the county auditor for each document recorded, which will be
in addition to any other charge authorized by law. The
county may retain up to five percent of these funds collected
solely for the collection, administration, and local distribution of these funds. Of the remaining funds, forty percent of
the revenue generated through this surcharge will be trans36.22.178
[Title 36 RCW—page 43]
36.22.179
Title 36 RCW: Counties
mitted monthly to the state treasurer who will deposit the
funds into the affordable housing for all account created in
RCW 43.185C.190. The department of community, trade,
and economic development must use these funds to provide
housing and shelter for extremely low-income households,
including but not limited to grants for building operation and
maintenance costs of housing projects or units within housing
projects that are affordable to extremely low-income households with incomes at or below thirty percent of the area
median income, and that require a supplement to rent income
to cover ongoing operating expenses.
(2) All of the remaining funds generated by this surcharge will be retained by the county and be deposited into a
fund that must be used by the county and its cities and towns
for eligible housing activities as described in this subsection
that serve very low-income households with incomes at or
below fifty percent of the area median income. The portion
of the surcharge retained by a county shall be allocated to eligible housing activities that serve extremely low and very
low-income households in the county and the cities within a
county according to an interlocal agreement between the
county and the cities within the county consistent with countywide and local housing needs and policies. A priority must
be given to eligible housing activities that serve extremely
low-income households with incomes at or below thirty percent of the area median income. Eligible housing activities to
be funded by these county funds are limited to:
(a) Acquisition, construction, or rehabilitation of housing projects or units within housing projects that are affordable to very low-income households with incomes at or
below fifty percent of the area median income, including
units for homeownership, rental units, seasonal and permanent farm worker housing units, and single room occupancy
units;
(b) Supporting building operation and maintenance costs
of housing projects or units within housing projects eligible
to receive housing trust funds, that are affordable to very lowincome households with incomes at or below fifty percent of
the area median income, and that require a supplement to rent
income to cover ongoing operating expenses;
(c) Rental assistance vouchers for housing units that are
affordable to very low-income households with incomes at or
below fifty percent of the area median income, to be administered by a local public housing authority or other local organization that has an existing rental assistance voucher program, consistent with or similar to the United States department of housing and urban development’s section 8 rental
assistance voucher program standards; and
(d) Operating costs for emergency shelters and licensed
overnight youth shelters.
(3) The surcharge imposed in this section does not apply
to assignments or substitutions of previously recorded deeds
of trust. [2007 c 427 § 1; 2005 c 484 § 18; 2002 c 294 § 2.]
Findings—Conflict with federal requirements—Effective date—
2005 c 484: See RCW 43.185C.005, 43.185C.901, and 43.185C.902.
Findings—2002 c 294: "The legislature recognizes housing affordability has become a significant problem for a large portion of society in many
parts of Washington state in recent years. The state has traditionally focused
its resources on housing for low-income populations. Additional funding
resources are needed for building operation and maintenance activities for
housing projects affordable to extremely low-income people, for example
farmworkers or people with developmental disabilities. Affordable rents for
[Title 36 RCW—page 44]
extremely low-income people are not sufficient to cover the cost of building
operations and maintenance. In addition resources are needed at the local
level to assist in development and preservation of affordable low-income
housing to address critical local housing needs." [2002 c 294 § 1.]
36.22.179
36.22.179 Surcharge for local homeless housing and
assistance—Use. (1) In addition to the surcharge authorized
in RCW 36.22.178, and except as provided in subsection (2)
of this section, an additional surcharge of ten dollars shall be
charged by the county auditor for each document recorded,
which will be in addition to any other charge allowed by law.
The funds collected pursuant to this section are to be distributed and used as follows:
(a) The auditor shall retain two percent for collection of
the fee, and of the remainder shall remit sixty percent to the
county to be deposited into a fund that must be used by the
county and its cities and towns to accomplish the purposes of
*this chapter, six percent of which may be used by the county
for administrative costs related to its homeless housing plan,
and the remainder for programs which directly accomplish
the goals of the county’s local homeless housing plan, except
that for each city in the county which elects as authorized in
RCW 43.185C.080 to operate its own local homeless housing
program, a percentage of the surcharge assessed under this
section equal to the percentage of the city’s local portion of
the real estate excise tax collected by the county shall be
transmitted at least quarterly to the city treasurer, without any
deduction for county administrative costs, for use by the city
for program costs which directly contribute to the goals of the
city’s local homeless housing plan; of the funds received by
the city, it may use six percent for administrative costs for its
homeless housing program.
(b) The auditor shall remit the remaining funds to the
state treasurer for deposit in the home security fund account.
The department may use twelve and one-half percent of this
amount for administration of the program established in
RCW 43.185C.020, including the costs of creating the statewide homeless housing strategic plan, measuring performance, providing technical assistance to local governments,
and managing the homeless housing grant program. The
remaining eighty-seven and one-half percent is to be used by
the department to:
(i) Provide housing and shelter for homeless people
including, but not limited to: Grants to operate, repair, and
staff shelters; grants to operate transitional housing; partial
payments for rental assistance; consolidated emergency
assistance; overnight youth shelters; and emergency shelter
assistance; and
(ii) Fund the homeless housing grant program.
(2) The surcharge imposed in this section does not apply
to assignments or substitutions of previously recorded deeds
of trust. [2007 c 427 § 4; 2005 c 484 § 9.]
*Reviser’s note: The reference to "this chapter" appears to be erroneous. The senate committee amendment to the engrossed second substitute
house bill directed this section to be recodified in chapter 43.185C, which
was created out of chapter 484, Laws of 2005. The final bill removed the
recodification direction for this section. The reference to "this chapter"
appears to be a reference to chapter 484, Laws of 2005.
Findings—Conflict with federal requirements—Effective date—
2005 c 484: See RCW 43.185C.005, 43.185C.901, and 43.185C.902.
(2008 Ed.)
County Auditor
36.22.1791
36.22.1791 Additional surcharge for local homeless
housing and assistance—Use. (1) In addition to the surcharges authorized in RCW 36.22.178 and 36.22.179, and
except as provided in subsection (2) of this section, the
county auditor shall charge an additional surcharge of eight
dollars for each document recorded, which is in addition to
any other charge allowed by law. The funds collected under
this section are to be distributed and used as follows:
(a) The auditor shall remit ninety percent to the county to
be deposited into a fund six percent of which may be used by
the county for administrative costs related to its homeless
housing plan, and the remainder for programs that directly
accomplish the goals of the county’s local homeless housing
plan, except that for each city in the county that elects, as
authorized in RCW 43.185C.080, to operate its own homeless housing program, a percentage of the surcharge assessed
under this section equal to the percentage of the city’s local
portion of the real estate excise tax collected by the county
must be transmitted at least quarterly to the city treasurer for
use by the city for program costs that directly contribute to
the goals of the city’s homeless housing plan.
(b) The auditor shall remit the remaining funds to the
state treasurer for deposit in the home security fund account.
The department may use the funds for administering the program established in RCW 43.185C.020, including the costs
of creating and updating the statewide homeless housing strategic plan, measuring performance, providing technical assistance to local governments, and managing the homeless
housing grant program. Remaining funds may also be used
to:
(i) Provide housing and shelter for homeless people
including, but not limited to: Grants to operate, repair, and
staff shelters; grants to operate transitional housing; partial
payments for rental assistance; consolidated emergency
assistance; overnight youth shelters; and emergency shelter
assistance; and
(ii) Fund the homeless housing grant program.
(2) The surcharge imposed in this section does not apply
to assignments or substitutions of previously recorded deeds
of trust. [2007 c 427 § 5.]
Reviser’s note: 2007 c 427 directed that this section be codified in
chapter 43.185C RCW, but placement in chapter 36.22 RCW appears to be
more appropriate.
36.22.181
36.22.181 Surcharge for prosecution of mortgage
lending fraud—Transmittal to state treasurer. (Expires
June 30, 2011.) (1) Except as provided in subsection (2) of
this section, a surcharge of one dollar shall be charged by the
county auditor at the time of recording of each deed of trust,
which will be in addition to any other charge authorized by
law. The auditor may retain up to five percent of the funds
collected to administer collection. The remaining funds shall
be transmitted monthly to the state treasurer who will deposit
the funds into the mortgage lending fraud prosecution
account created in RCW 43.320.140. The department of
financial institutions is responsible for the distribution of the
funds in the account and shall, in consultation with the attorney general and local prosecutors, develop rules for the use of
these funds to pursue criminal prosecution of fraudulent
activities within the mortgage lending process.
(2008 Ed.)
36.22.220
(2) The surcharge imposed in this section does not apply
to assignments or substitutions of previously recorded deeds
of trust.
(3) This section expires June 30, 2011. [2006 c 21 § 1;
2003 c 289 § 1.]
36.22.190 Distribution of funds. After deduction of
those costs of the state treasurer that are described under
*RCW 36.22.180, the balance of the funds will be distributed
to the counties according to the following formula: One-half
of the funds available shall be equally distributed among the
thirty-nine counties; and the balance will be distributed
among the counties in direct proportion to their population as
it relates to the total state’s population based on the most
recent population statistics. [1989 c 204 § 5.]
36.22.190
Reviser’s note: (1) 1989 c 204 § 7 directed that this section be added to
chapter 36.18 RCW. This placement appears inappropriate and the section
has been codified as a part of chapter 36.22 RCW.
*(2) RCW 36.22.180 was repealed by 1991 sp.s. c 13 § 122, effective
July 1, 1991.
Findings—1989 c 204: See note following RCW 36.22.160.
36.22.200 Action for change of name—Filing and
recording. Upon receipt of the fee and the name change
order from the district court as provided in RCW 4.24.130,
the county auditor shall file and record the name change
order. [1992 c 30 § 2.]
36.22.200
36.22.210 Process servers—Registration—Fees. (1)
Each county auditor shall develop a registration process to
register process servers required to register under RCW
18.180.010.
(2) The county auditor may collect an annual registration
fee from the process server not to exceed ten dollars.
(3) The county auditor shall use a form in the registration
process for the purpose of identifying and locating the registrant, including the process server’s name, birthdate, and
social security number, and the process server’s business
name, business address, and business telephone number.
(4) The county auditor shall maintain a register of process servers and assign a number to each registrant. Upon
renewal of the registration as required in RCW 18.180.020,
the auditor shall continue to assign the same registration
number. A successor entity composed of one or more registrants shall be permitted to transfer one or more registration
numbers to the new entity. [1997 c 41 § 8; 1992 c 125 § 2.]
36.22.210
Construction—1992 c 125: See RCW 18.180.900.
36.22.220 Election assistants, deputies—Appointment, qualifications. The county auditor of each county, as
ex officio supervisor of all primaries and elections, general or
special, within the county under *Title 29 RCW, may appoint
one or more well-qualified persons to act as assistants or deputies; however, not less than two persons of the auditor’s
office who conduct primaries and elections in the county
shall be certified under **chapter 29.60 RCW as elections
administrators. [1992 c 163 § 12.]
36.22.220
Reviser’s note: *(1) Title 29 RCW was repealed and/or recodified pursuant to 2003 c 111, effective July 1, 2004.
**(2) Chapter 29.60 RCW was recodified as chapter 29A.04 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.
[Title 36 RCW—page 45]
36.22.230
Title 36 RCW: Counties
Effective date—1992 c 163 §§ 5-13: See note following RCW
29A.04.530.
36.22.230 Election assistants, deputies—Additional
qualifications. Each deputy or assistant appointed under
RCW 36.22.220 shall have been graduated from an accredited high school or shall have passed a high school equivalency examination. Each shall be knowledgeable in the rules
and laws of conducting elections. [1992 c 163 § 13.]
36.22.230
Effective date—1992 c 163 §§ 5-13: See note following RCW
29A.04.530.
Chapter 36.23
Chapter 36.23 RCW
COUNTY CLERK
Sections
36.23.020
36.23.030
36.23.040
36.23.065
36.23.067
36.23.070
36.23.080
36.23.090
36.23.100
36.23.110
New bond may be required.
Records to be kept.
Custody and delivery of records.
Destruction and reproduction of court records—Destruction of
receipts for expenses under probate proceedings.
Reproduced court records have same force and effect as original.
Destruction of court exhibits—Preservation for historical purposes.
Office at county seat.
Search for birth parents—County clerk’s duty.
Electronic payment of court fees and other financial obligations—Authorized.
Legal financial obligations—Report on collections.
Civil actions, generally, clerk’s duties: Title 4 RCW.
County clerk
as clerk of superior court: State Constitution Art. 4 § 26.
not to practice law: RCW 2.32.090.
powers and duties: RCW 2.32.050.
Dissolution of inactive port districts: Chapter 53.47 RCW.
Electronic copies as evidence, clerk to certify: RCW 5.52.050.
Execution docket, clerk to keep: RCW 4.64.060.
Judgment journal, clerk to keep: RCW 4.64.030.
Lien foreclosure, clerk’s duties: Chapter 84.64 RCW.
Oaths, clerk may administer: RCW 5.28.010.
Official bonds filed with: RCW 42.08.100.
Registration of land titles, clerk’s duties: Chapter 65.12 RCW.
Support of dependent children, clerk to charge no fees in connection with:
RCW 74.20.300.
Tax warrants, clerk’s duties: Chapter 82.32 RCW.
Veterans, clerk to furnish documents for free: RCW 73.04.120.
Witness fees and expenses, civil proceedings, clerk’s duties: Chapter 2.40
RCW, RCW 5.56.010.
36.23.020 New bond may be required. When the
judge or judges of any court, or a majority of them, believe
that the clerk of the court does not have a good and sufficient
bond on file, or that the bond is not large enough in amount,
such judge or judges shall enter an order requiring him,
within such time as may be specified in the order, to execute
and present to them a good and sufficient bond, in such sum
as may be fixed by the order. In case of his failure to file the
bond within ten days from the expiration of the date fixed the
judge or judges shall declare the office vacant. [1963 c 4 §
36.23.020. Prior: 1895 c 53 § 3; RRS § 72.]
36.23.020
[Title 36 RCW—page 46]
36.23.030 Records to be kept. The clerk of the superior court at the expense of the county shall keep the following records:
(1) A record in which he or she shall enter all appearances and the time of filing all pleadings in any cause;
(2) A docket in which before every session, he or she
shall enter the titles of all causes pending before the court at
that session in the order in which they were commenced,
beginning with criminal cases, noting in separate columns the
names of the attorneys, the character of the action, the pleadings on which it stands at the commencement of the session.
One copy of this docket shall be furnished for the use of the
court and another for the use of the members of the bar;
(3) A record for each session in which he or she shall
enter the names of witnesses and jurors, with time of attendance, distance of travel, and whatever else is necessary to
enable him or her to make out a complete cost bill;
(4) A record in which he or she shall record the daily proceedings of the court, and enter all verdicts, orders, judgments, and decisions thereof, which may, as provided by
local court rule, be signed by the judge; but the court shall
have full control of all entries in the record at any time during
the session in which they were made;
(5) An execution docket and also one for a final record in
which he or she shall make a full and perfect record of all
criminal cases in which a final judgment is rendered, and all
civil cases in which by any order or final judgment the title to
real estate, or any interest therein, is in any way affected, and
such other final judgments, orders, or decisions as the court
may require;
(6) A record in which shall be entered all orders, decrees,
and judgments made by the court and the minutes of the court
in probate proceedings;
(7) A record of wills and bonds shall be maintained.
Originals shall be placed in the original file and shall be preserved or duplicated pursuant to RCW 36.23.065;
(8) A record of letters testamentary, administration, and
guardianship in which all letters testamentary, administration, and guardianship shall be recorded;
(9) A record of claims shall be entered in the appearance
docket under the title of each estate or case, stating the name
of each claimant, the amount of his or her claim and the date
of filing of such;
(10) A memorandum of the files, in which at least one
page shall be given to each estate or case, wherein shall be
noted each paper filed in the case, and the date of filing each
paper;
(11) Such other records as are prescribed by law and
required in the discharge of the duties of his or her office.
[2002 c 30 § 1; 1987 c 363 § 3; 1967 ex.s. c 34 § 2; 1963 c 4
§ 36.23.030. Prior: (i) 1923 c 130 § 1; Code 1881 § 2179;
1863 p 417 § 6; 1854 p 366 § 6; RRS § 75. (ii) 1917 c 156 §
2; RRS § 1372. (iii) 1917 c 156 § 57; Code 1881 § 1384; 1863
p 219 § 118; 1860 p 181 § 85; RRS § 1427. (iv) 1917 c 156 §
72; Code 1881 § 1411; 1863 p 221 § 130; 1860 p 183 § 97;
RRS § 1442.]
36.23.030
36.23.040 Custody and delivery of records. The clerk
shall be responsible for the safe custody and delivery to his
successor of all books and papers belonging to his office.
36.23.040
(2008 Ed.)
County Clerk
[1963 c 4 § 36.23.040. Prior: Code 1881 § 2181; 1863 p 418
§ 8; 1854 p 367 § 8; RRS § 76.]
36.23.065 Destruction and reproduction of court
records—Destruction of receipts for expenses under probate proceedings. Notwithstanding any other law relating to
the destruction of court records, the county clerk may cause
to be destroyed all documents, records, instruments, books,
papers, depositions, and transcripts, in any action or proceeding in the superior court, or otherwise filed in his or her office
pursuant to law, if all of the following conditions exist:
(1) The county clerk maintains for the use of the public a
photographic film, microphotographic, photostatic, electronic, or similar reproduction of each document, record,
instrument, book, paper, deposition, or transcript so
destroyed: PROVIDED, That all receipts and canceled
checks filed by a personal representative pursuant to RCW
11.76.100 may be removed from the file by order of the court
and destroyed the same as an exhibit pursuant to RCW
36.23.070.
(2) At the time of the taking of the photographic film,
microphotographic, photostatic, electronic, or similar reproduction, the county clerk or other person under whose direction and control the same was taken, attached thereto, or to
the sealed container in which the same was placed and has
been kept, or incorporated in the photographic film, microphotographic, photostatic, electronic, or similar reproduction,
a certification that the copy is a correct copy of the original,
or of a specified part thereof, as the case may be, the date on
which taken, and the fact it was taken under the clerk’s direction and control. The certificate must be under the official
seal of the certifying officer, if there be any, or if the certifying officer is the clerk of a court having a seal, under the seal
of such court.
(3) The county clerk promptly seals and stores at least
one original or negative of each such photographic film,
microphotographic, photostatic, electronic, or similar reproduction in such manner and place as reasonably to assure its
preservation indefinitely against loss, theft, defacement, or
destruction. Electronic reproductions are acceptable media
for this purpose if one of the following conditions exists:
(a) The electronic reproductions are continuously
updated and, if necessary, transferred to another medium to
ensure that they are accessible through contemporary and
supported electronic or computerized systems; or
(b) The electronic reproductions are scheduled to be
reproduced on photographic film, microphotographic, photostatic, or similar media for indefinite preservation.
(4) When copies of public records of the county clerk are
transferred to the state archives for security storage, the state
archives may only provide certified copies of those records
with the written permission of the county clerk who is custodian of those records. When so transferred and authorized,
the copies of the public records concerned shall be made by
the state archives, which certification shall have the same
force and effect as though made by the county clerk who is
custodian of the record. If there is a statutory fee for the
reproduction of the document, contracts can be made
between the county clerk and the state archives for reproduction and certification of the copies, however no certification
authority may be transferred except as provided in this sub36.23.065
(2008 Ed.)
36.23.100
section and for records of abolished or discontinued offices
or agencies under chapter 40.14 RCW. [1998 c 226 § 1; 1981
c 277 § 10; 1973 c 14 § 1; 1971 c 29 § 1; 1963 c 4 §
36.23.065. Prior: 1957 c 201 § 1.]
36.23.067 Reproduced court records have same force
and effect as original. Any print, whether enlarged or not,
from any photographic film, including any photographic
plate, microphotographic film, or photostatic negative or similar reproduction, or from any electronic record, of any original record, document, instrument, book, paper, deposition, or
transcript which has been processed in accordance with the
provisions of RCW 36.23.065, and has been certified by the
county clerk under his or her official seal as a true copy, may
be used in all instances, including introduction in evidence in
any judicial or administrative proceeding, that the original
record, document, instrument, book, paper, deposition, or
transcript might have been used, and shall have the full force
and effect of the original for all purposes. [1998 c 226 § 2;
1963 c 4 § 36.23.067. Prior: 1957 c 201 § 2.]
36.23.067
36.23.070 Destruction of court exhibits—Preservation for historical purposes. A county clerk may at any time
more than six years after the entry of final judgment in any
action apply to the superior court for an authorizing order
and, upon such order being signed and entered, turn such
exhibits of possible value over to the sheriff for disposal in
accordance with the provisions of chapter 63.40 RCW, and
destroy any other exhibits, unopened depositions, and reporters’ notes which have theretofore been filed in such cause:
PROVIDED, That reporters’ notes in criminal cases must be
preserved for at least fifteen years: PROVIDED FURTHER,
That any exhibits which are deemed to possess historical
value may be directed to be delivered by the clerk to libraries
or historical societies. [1981 c 154 § 1; 1973 c 14 § 2; 1967
ex.s. c 34 § 3; 1963 c 4 § 36.23.070. Prior: 1957 c 201 § 3;
1947 c 277 § 1; Rem. Supp. 1947 § 81-1.]
36.23.070
36.23.080 Office at county seat. The office of the clerk
of the superior court shall be kept at the county seat of the
county of which he is clerk. [1963 c 4 § 36.23.080. Prior:
1891 c 57 § 1; RRS § 73, part. Cf. Code 1881 § 2125.]
36.23.080
36.23.090 Search for birth parents—County clerk’s
duty. The county clerk shall provide the name and telephone
number of at least one resource to assist adopted persons who
are searching for birth parents, or birth parents who are
searching for children they have relinquished, if these
resources have contacted the clerk’s office and requested that
their name be made available to persons making inquiry.
[1990 c 146 § 10.]
36.23.090
36.23.100 Electronic payment of court fees and other
financial obligations—Authorized. County clerks are
authorized to accept credit cards, charge cards, debit cards,
smart cards, stored value cards, federal wire, and automatic
clearinghouse system transactions, or other electronic communication, for payment of all fees and moneys due the court
under RCW 36.18.012 through 36.18.020, and for the payment of court-ordered legal financial obligations of criminal
36.23.100
[Title 36 RCW—page 47]
36.23.110
Title 36 RCW: Counties
defendants which include, but are not limited to, fines, fees,
assessments, restitution, and crime victims’ compensation,
consistent with RCW 36.48.010, 36.48.080, and 36.48.090.
A payer desiring to pay by credit card, charge card, debit
card, smart card, stored value card, federal wire, and automatic clearinghouse system transactions, or other electronic
communication shall bear the cost of processing the transaction. [2000 c 202 § 1.]
36.23.110 Legal financial obligations—Report on
collections. The Washington association of county officials,
in consultation with county clerks, shall determine a funding
formula for allocation of moneys to counties for purposes of
collecting legal financial obligations, and report this formula
to the legislature and the administrative office of the courts
by September 1, 2003. The Washington association of
county officials shall report on the amounts of legal financial
obligations collected by the county clerks to the appropriate
committees of the legislature no later than December 1, 2004,
and annually thereafter. [2003 c 379 § 20.]
36.23.110
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW
9.94A.760.
Chapter 36.24
Chapter 36.24 RCW
COUNTY CORONER
Sections
36.24.010
36.24.020
36.24.030
36.24.040
36.24.050
36.24.060
36.24.070
36.24.080
36.24.090
36.24.100
36.24.110
36.24.120
36.24.130
36.24.140
36.24.150
36.24.155
36.24.160
36.24.170
36.24.175
36.24.180
36.24.190
To act as sheriff under certain conditions.
Inquests.
Penalty for nonattendance of juror.
Duty of coroner’s jury—Oath.
Power to summon witnesses—Subpoenas.
Power to employ physician or surgeon—Compensation.
Verdict of jury.
Testimony reduced to writing in certain cases and witnesses
recognized.
Procedure where accused is under arrest.
Procedure where accused is at large—Warrant of arrest.
Form of warrant.
Service of warrant.
Property of deceased.
Duty of treasurer.
Delivery to representatives.
Undisposed of remains—Entrusting to funeral homes or mortuaries.
District judge may act as coroner.
Coroner not to practice law.
Coroner not to be owner or employee of funeral home or mortuary—Counties with populations of forty thousand or more.
Audit of coroner’s account.
Medical examiner—When authorized—Election—Qualifications for appointment.
Action against, limitation on: RCW 4.16.080.
Cemetery districts: Chapter 68.52 RCW.
Dead bodies
coroner’s jurisdiction over, when: RCW 68.50.010.
coroner’s right to dissect, when: RCW 68.50.100.
Duties relating to
execution of judgment: Chapter 6.17 RCW.
human remains, generally: Chapter 68.50 RCW.
public cemetery and morgue, management: RCW 68.52.020.
reports of death caused in motor vehicle accidents: RCW 46.52.050.
successors, delivery of documents and property to: RCW 36.28.120.
vital statistics: Chapter 70.58 RCW.
Labor disputes, arbitration of, service of process by: RCW 49.08.030.
[Title 36 RCW—page 48]
State hospitals for individuals with mental illness, report of death of patient
in, given coroner: RCW 72.23.190.
Vehicle of as emergency vehicle: RCW 46.04.040.
36.24.010 To act as sheriff under certain conditions.
The coroner shall perform the duties of the sheriff in all cases
where the sheriff is interested or otherwise incapacitated
from serving; and whenever the coroner acts as sheriff he
shall possess the powers and perform all the duties of sheriff,
and shall be liable on his official bond in like manner as the
sheriff would be, and shall be entitled to the same fees as are
allowed by law to the sheriff for similar services: PROVIDED, That nothing herein contained shall prevent the
court from appointing a suitable person to discharge such
duties, as provided by RCW 36.28.090. [1963 c 4 §
36.24.010. Prior: 1897 c 21 § 1; Code 1881 § 2776; 1863 p
559 § 2; 1854 p 436 § 2; RRS § 4180.]
36.24.010
36.24.020 Inquests. Any coroner, in his or her discretion, may hold an inquest if the coroner suspects that the
death of a person was unnatural, or violent, or resulted from
unlawful means, or from suspicious circumstances, or was of
such a nature as to indicate the possibility of death by the
hand of the deceased or through the instrumentality of some
other person: PROVIDED, That, except under suspicious
circumstances, no inquest shall be held following a traffic
death.
The coroner in the county where an inquest is to be convened pursuant to this chapter shall notify the superior court
to provide persons to serve as a jury of inquest to hear all the
evidence concerning the death and to inquire into and render
a true verdict on the cause of death. Jurors shall be selected
and summoned in the same manner and shall have the same
qualifications as specified in chapter 2.36 RCW. The prosecuting attorney having jurisdiction shall be notified in
advance of any such inquest to be held, and at his discretion
may be present at and assist the coroner in the conduct of the
same. The coroner may adjourn the inquest from time to time
as he may deem necessary.
The costs of inquests shall be borne by the county in
which the inquest is held. [1988 c 188 § 18; 1963 c 4 §
36.24.020. Prior: 1953 c 188 § 3; Code 1881 § 2777; 1863 p
560 § 3; 1854 p 436 § 3; RRS § 4181.]
36.24.020
Legislative findings—Severability—Effective date—1988 c 188:
See notes following RCW 2.36.010.
36.24.030 Penalty for nonattendance of juror. Every
person summoned as a juror who fails to appear without having a reasonable excuse shall forfeit a sum not exceeding
twenty dollars, to be recovered by the coroner, in the name of
the state, before any district judge of the county. The penalty
when collected shall be paid over to the county treasurer for
the use of the county. [1987 c 202 § 202; 1963 c 4 §
36.24.030. Prior: Code 1881 § 2778; 1863 p 560 § 4; 1854 p
436 § 4; RRS § 4182.]
36.24.030
Intent—1987 c 202: See note following RCW 2.04.190.
36.24.040 Duty of coroner’s jury—Oath. When four
or more of the jurors attend, they shall be sworn by the coroner to inquire who the person was, and when, where, and by
what means he came to his death, and into the circumstances
36.24.040
(2008 Ed.)
County Coroner
attending his death, and to render a true verdict therein,
according to the evidence afforded them, or arising from the
inspection of the body. [1963 c 4 § 36.24.040. Prior: Code
1881 § 2779; 1863 p 560 § 5; 1854 p 436 § 5; RRS § 4183.]
36.24.050 Power to summon witnesses—Subpoenas.
The coroner may issue subpoenas for witnesses returnable
forthwith or at such time and place as the coroner may
appoint, which may be served by any competent person. The
coroner must summon and examine as witnesses, on oath
administered by the coroner, every person, who, in his or her
opinion or that of any of the jury, has any knowledge of the
facts. A witness served with a subpoena may be compelled to
attend and testify, or be punished by the coroner for disobedience, in like manner as upon a subpoena issued by a district
judge. [1987 c 202 § 203; 1963 c 4 § 36.24.050. Prior: (i)
1901 c 131 § 1, part; Code 1881 § 2780, part; 1863 p 560 § 6,
part; 1854 p 436 § 6, part; RRS § 4184, part. (ii) Code 1881 §
2781; 1863 p 560 § 7; 1854 p 437 § 7; RRS § 4186.]
36.24.050
Intent—1987 c 202: See note following RCW 2.04.190.
36.24.060 Power to employ physician or surgeon—
Compensation. The coroner may summon a surgeon or physician to inspect the body and give under oath a professional
opinion as to the cause of death. The fees for the coroner’s
physician or surgeon shall not be less than ten dollars. [1963
c 4 § 36.24.060. Prior: (i) 1901 c 131 § 1, part; Code 1881 §
2780, part; 1863 p 560 § 6, part; 1854 p 436 § 6, part; RRS §
4184, part.]
36.24.060
36.24.070 Verdict of jury. After hearing the testimony,
the jury shall render its verdict and certify the same in writing
signed by the jurors, and setting forth who the person killed
is, if known, and when, where and by what means he came to
his death; or if he was killed, or his death was occasioned by
the act of another by criminal means, who is guilty thereof, if
known. [1963 c 4 § 36.24.070. Prior: 1953 c 188 § 4; Code
1881 § 2782; 1863 p 560 § 8; 1854 p 437 § 8; RRS § 4187.]
36.24.070
36.24.080 Testimony reduced to writing in certain
cases and witnesses recognized. In all cases where murder
or manslaughter is supposed to have been committed, the testimony of witnesses taken before the coroner’s jury shall be
reduced to writing by the coroner, or under his direction, and
he shall also recognize such witnesses to appear and testify in
the superior court of the county, and shall forthwith file the
written testimony, inquisition, and recognizance with the
clerk of such court. [1963 c 4 § 36.24.080. Prior: Code 1881
§ 2783; 1863 p 561 § 9; 1854 p 437 § 9; RRS § 4188.]
36.24.080
36.24.090 Procedure where accused is under arrest.
If the person charged with the commission of the offense has
been arrested before the inquisition has been filed, the coroner shall deliver the recognizance and the inquisition, with
the testimony taken, to the magistrate before whom such person may be brought, who shall return the same, with the depositions and statements taken before him to the clerk of the
superior court of the county. [1963 c 4 § 36.24.090. Prior:
Code 1881 § 2784; 1863 p 561 § 10; 1854 p 437 § 10; RRS §
4189.]
36.24.090
(2008 Ed.)
36.24.140
36.24.100 Procedure where accused is at large—
Warrant of arrest. If the jury finds that the person was
killed and the party committing the homicide is ascertained
by the inquisition, but is not in custody, the coroner shall
issue a warrant for the arrest of the person charged, returnable
forthwith to the nearest magistrate. [1963 c 4 § 36.24.100.
Prior: Code 1881 § 2785; 1863 p 561 § 11; 1854 p 437 § 11;
RRS § 4190.]
36.24.100
36.24.110 Form of warrant. The coroner’s warrant
shall be in substantially the following form:
36.24.110
State of Washington,
County of . . . . . . . . . . . . .





ss.
To any sheriff or constable of the county.
An inquisition having been this day found by the coroner’s jury, before me, stating that A B has come to his death
by the act of C D, by criminal means (or as the case may be,
as found by the inquisition), you are therefore commanded,
in the name of the state of Washington, forthwith to arrest
the above named C D, and take him before the nearest or
most accessible magistrate in this county.
Given under my hand this . . . . day of . . . . . ., A.D.
19. . .
E F, coroner of the county of . . . . . . . . . .
[1963 c 4 § 36.24.110. Prior: Code 1881 § 2786; 1863 p 561
§ 12; 1854 p 437 § 12; RRS § 4191.]
36.24.120 Service of warrant. The coroner’s warrant
may be served in any county, and the officers serving it shall
proceed thereon, in all respects, as upon a warrant of arrest.
[1963 c 4 § 36.24.120. Prior: Code 1881 § 2787; 1863 p 561
§ 13; 1854 p 438 § 13; RRS § 4192.]
36.24.120
36.24.130 Property of deceased. The coroner or medical examiner must, within thirty days after the investigation
of the death, deliver to the county treasurer any money which
may be found upon the body, unless claimed in the meantime
by the legal representatives of the deceased. If there is personal property, other than money, found upon the body,
unless claimed in the meantime by a legal representative of
the deceased, the coroner or medical examiner shall, within
one hundred eighty days of the investigation, be authorized to
dispose of any property of no resale value and forward any
other property to the applicable county agency to be sold at
the next county surplus sale. Any proceeds from the sale
shall be forwarded to the county treasurer. If the coroner or
medical examiner fails to do so, the treasurer may proceed
against the coroner or medical examiner to recover the same
by a civil action in the name of the county. [2004 c 79 § 1;
1963 c 4 § 36.24.130. Prior: Code 1881 § 2789; 1863 p 562
§ 15; 1854 p 438 § 15; RRS § 4194.]
36.24.130
36.24.140 Duty of treasurer. Upon the delivery of
money to the treasurer, the treasurer shall place it to the credit
of the county. [2004 c 79 § 2; 1963 c 4 § 36.24.140. Prior:
Code 1881 § 2790; 1863 p 562 § 16; 1854 p 438 § 16; RRS §
4195.]
36.24.140
[Title 36 RCW—page 49]
36.24.150
Title 36 RCW: Counties
36.24.150 Delivery to representatives. If the money in
the treasury is demanded within six years by the legal representatives of the deceased, the treasurer shall pay it to them
after deducting the fees and expenses of the coroner and of
the county in relation to the matter, or the same may be so
paid at any time thereafter, upon the order of the board of
county commissioners of the county. [1963 c 4 § 36.24.150.
Prior: Code 1881 § 2791; 1863 p 562 § 17; 1854 p 438 § 17;
RRS § 4196.]
36.24.150
36.24.155 Undisposed of remains—Entrusting to
funeral homes or mortuaries. Whenever anyone shall die
within a county without making prior plans for the disposition of his body and there is no other person willing to provide for the disposition of the body, the county coroner shall
cause such body to be entrusted to a funeral home in the
county where the body is found. Disposition shall be on a
rotation basis, which shall treat equally all funeral homes or
mortuaries desiring to participate, such rotation to be established by the coroner after consultation with representatives
of the funeral homes or mortuaries in the county or counties
involved. [1969 ex.s. c 259 § 2.]
36.24.155
Undisposed of human remains, disposition of: RCW 68.50.230.
36.24.160 District judge may act as coroner. If the
office of coroner is vacant, or the coroner is absent or unable
to attend, the duties of the coroner’s office may be performed
by any district judge in the county with the like authority and
subject to the same obligations and penalties as the coroner.
For such service a district judge shall be entitled to the same
fees, payable in the same manner. [1987 c 202 § 204; 1963 c
4 § 36.24.160. Prior: (i) Code 1881 § 2793; 1863 p 562 § 19;
1854 p 438 § 19; RRS § 4198. (ii) Code 1881 § 2795; 1863 p
562 § 21; 1854 p 438 § 21; RRS § 4199.]
36.24.160
Intent—1987 c 202: See note following RCW 2.04.190.
36.24.170 Coroner not to practice law. The coroner
shall not appear or practice as attorney in any court, except in
defense of himself or his deputies. [1963 c 4 § 36.24.170.
Prior: 1891 c 45 § 4, part; Code 1881 § 2770, part; 1863 p
558 § 5, part; 1854 p 434 § 5, part; RRS § 4171, part.]
treasurer. [1963 c 4 § 36.24.180. Prior: Code 1881 § 2792;
1863 p 562 § 18; 1854 p 438 § 18; RRS § 4197.]
36.24.190 Medical examiner—When authorized—
Election—Qualifications for appointment. In a county
with a population of two hundred fifty thousand or more, the
county legislative authority may, upon majority vote at an
election called by the county legislative authority, adopt a
system under which a medical examiner may be appointed to
replace the office of the coroner. The county legislative
authority must adopt a resolution or ordinance that creates the
office of medical examiner at least thirty days prior to the
first day of filing for the primary election for county offices.
If a county adopts such a resolution or ordinance, the resolution or ordinance shall be referred to the voters for confirmation or rejection at the next date for a special election according to RCW 29A.04.321. If the resolution or ordinance is
approved by majority vote, no election shall be held for the
position of coroner and the coroner’s position is abolished
following the expiration of the coroner’s term of office or
upon vacating of the office of the coroner for any reason. The
county legislative authority shall appoint a medical examiner
to assume the statutory duties performed by the county coroner and the appointment shall become effective following the
expiration of the coroner’s term of office or upon the vacating
of the office of the coroner. To be appointed as a medical
examiner pursuant to this section, a person must either be:
(1) Certified as a forensic pathologist by the American board
of pathology; or (2) a qualified physician eligible to take the
American board of pathology exam in forensic pathology
within one year of being appointed. A physician specializing
in pathology who is appointed to the position of medical
examiner and who is not certified as a forensic pathologist
must pass the pathology exam within three years of the
appointment. [2006 c 344 § 27; 1996 c 108 § 2.]
36.24.190
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
36.24.170
36.24.175 Coroner not to be owner or employee of
funeral home or mortuary—Counties with populations of
forty thousand or more. In each county with a population
of forty thousand or more, no person shall be qualified for the
office of county coroner as provided for in RCW 36.16.030
who is an owner or employee of any funeral home or mortuary. [1991 c 363 § 54; 1969 ex.s. c 259 § 3.]
36.24.175
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.24.180 Audit of coroner’s account. Before auditing
and allowing the account of the coroner the board of county
commissioners shall require from him a verified statement in
writing, accounting for all money or other property found
upon persons on whom inquests have been held by him, and
that the money or property mentioned in it has been delivered
to the legal representatives of the deceased, or to the county
36.24.180
[Title 36 RCW—page 50]
Chapter 36.26
Chapter 36.26 RCW
PUBLIC DEFENDER
Sections
36.26.010
36.26.020
36.26.030
36.26.040
36.26.050
36.26.060
36.26.070
36.26.080
36.26.090
36.26.900
Definitions.
Public defender district—Creation—Office of public
defender.
Selection committee.
Public defender—Qualifications—Term.
Reports—Records—Costs and expenses.
Compensation—Office—Assistants, clerks, investigators, etc.
Duty to represent indigent defendants.
Duty to counsel, defend, and prosecute appeals.
Appointment of attorney other than public defender.
Chapter cumulative and nonexclusive.
36.26.010 Definitions. As used in this chapter:
(1) "County commissioners" or "board of county commissioners" means and includes:
(a) Any single board of county commissioners, county
council, or other governing body of any county which has
neither a board of county commissioners nor a county council
denominated as such; and
(b) The governing bodies, including any combination or
mixture of more than one board of county commissioners,
36.26.010
(2008 Ed.)
Public Defender
county council, or otherwise denominated governing body of
a county, of any two or more contiguous counties electing to
participate jointly in the support of any intercounty public
defender.
(2) "District" or "public defender district" means any one
or more entire counties electing to employ a public defender;
and no county shall be divided in the creation of any public
defender district. [1969 c 94 § 1.]
36.26.020 Public defender district—Creation—
Office of public defender. The board of county commissioners of any single county or of any two or more territorially contiguous counties or acting in cooperation with the
governing authority of any city located within the county or
counties may, by resolution or by ordinance, or by concurrent
resolutions or concurrent ordinances, constitute such county
or counties or counties and cities as a public defender district,
and may establish an office of public defender for such district. [1969 c 94 § 2.]
36.26.020
36.26.030 Selection committee. The board of county
commissioners of every county electing to become or to join
in a public defender district shall appoint a selection committee for the purpose of selecting a full or part time public
defender for the public defender district. Such selection committee shall consist of one member of each board of county
commissioners, one member of the superior court from each
county, and one practicing attorney from each county within
the district. [1969 c 94 § 3.]
36.26.030
36.26.040 Public defender—Qualifications—Term.
Every public defender and every assistant public defender
must be a qualified attorney licensed to practice law in this
state; and the term of the public defender shall coincide with
the elected term of the prosecuting attorney. [1969 c 94 § 4.]
36.26.040
36.26.050 Reports—Records—Costs and expenses.
The public defender shall make an annual report to each
board of county commissioners within his district. If any public defender district embraces more than one county or a
cooperating city, the public defender shall maintain records
of expenses allocable to each county or city within the district, and shall charge such expenses only against the county
or city for which the services were rendered or the costs
incurred. The boards of county commissioners of counties
and the governing authority of any city participating jointly
in a public defender district are authorized to provide for the
sharing of the costs of the district by mutual agreement, for
any costs which cannot be specifically apportioned to any
particular county or city within the district.
Expenditures by the public defender shall be subject to
the provisions of chapter 36.40 RCW and other statutes relating to expenditures by counties or cities. [1969 c 94 § 5.]
36.26.050
36.26.060 Compensation—Office—Assistants,
clerks, investigators, etc. (1) The board of county commissioners shall:
(a) Fix the compensation of the public defender and of
any staff appointed to assist him in the discharge of his
duties: PROVIDED, That the compensation of the public
36.26.900
defender shall not exceed that of the county prosecutor in
those districts which comprise only one county;
(b) Provide office space, furniture, equipment and supplies for the use of the public defender suitable for the conduct of his office in the discharge of his duties, or provide an
allowance in lieu of facilities and supplies.
(2) The public defender may appoint as many assistant
attorney public defenders, clerks, investigators, stenographers and other employees as the board of county commissioners considers necessary in the discharge of his duties as a
public defender. [1969 c 94 § 6.]
36.26.070 Duty to represent indigent defendants.
The public defender must represent, without charge to any
accused, every indigent person who is or has been arrested or
charged with a crime for which court appointed counsel for
indigent defendants is required either under the Constitution
of the United States or under the Constitution and laws of the
state of Washington:
(1) If such arrested person or accused, having been
apprised of his constitutional and statutory rights to counsel,
requests the appointment of counsel to represent him; and
(2) If a court, on its own motion or otherwise, does not
appoint counsel to represent the accused; and
(3) Unless the arrested person or accused, having been
apprised of his right to counsel in open court, affirmatively
rejects or intelligently repudiates his constitutional and statutory rights to be represented by counsel. [1984 c 76 § 18;
1969 c 94 § 7.]
36.26.070
36.26.080 Duty to counsel, defend, and prosecute
appeals. Whenever the public defender represents any indigent person held in custody without commitment or charged
with any criminal offense, he must (1) counsel and defend
such person, and (2) prosecute any appeals and other remedies, whether before or after conviction, which he considers
to be in the interests of justice. [1969 c 94 § 8.]
36.26.080
36.26.090 Appointment of attorney other than public
defender. For good cause shown, or in any case involving a
crime of widespread notoriety, the court may, upon its own
motion or upon application of either the public defender or of
the indigent accused, appoint an attorney other than the public defender to represent the accused at any stage of the proceedings or on appeal: PROVIDED, That the public
defender may represent an accused, not an indigent, in any
case of public notoriety where the court may find that adequate retained counsel is not available. The court shall award,
and the county in which the offense is alleged to have been
committed shall pay, such attorney reasonable compensation
and reimbursement for any expenses reasonably and necessarily incurred in the presentation of the accused’s defense or
appeal, in accordance with RCW 4.88.330. [1984 c 76 § 19;
1983 c 3 § 76; 1969 c 94 § 9.]
36.26.090
36.26.060
(2008 Ed.)
36.26.900 Chapter cumulative and nonexclusive. The
provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy, particularly in
counties electing not to create the office of public defender:
PROVIDED, That nothing herein shall be construed to pre36.26.900
[Title 36 RCW—page 51]
Chapter 36.27
Title 36 RCW: Counties
vent the appointment of a full time or part time assignedcounsel administrator for the purpose of maintaining a centrally administered system for the assignment of counsel to
represent indigent persons. [1969 c 94 § 10.]
Chapter 36.27
Chapter 36.27 RCW
PROSECUTING ATTORNEY
Sections
36.27.005
36.27.010
36.27.020
36.27.030
36.27.040
36.27.045
36.27.050
36.27.060
36.27.070
36.27.100
36.27.110
36.27.120
Defined.
Eligibility to office.
Duties.
Disability of prosecuting attorney.
Appointment of deputies—Special and temporary deputies.
Employment of legal interns.
Special emoluments prohibited.
Private practice prohibited in certain counties—Deputy prosecutors.
Office at county seat.
Statewide drug prosecution assistance program—Created.
Statewide drug prosecution assistance program—Advisory
committee—Selection of project director.
Statewide drug prosecution assistance program—Personnel—
Review of assignments—Supervision of special deputies.
Attorney general to act if prosecuting attorney defaults: RCW 43.10.090.
Attorney general to assist: RCW 43.10.030(4).
Autopsy reports, prosecuting attorney may know contents of: RCW
68.50.105.
Charitable solicitors, prosecuting attorney’s powers and duties relating to:
Chapter 19.09 RCW.
County canvassing board, prosecuting attorney as member: RCW
29A.60.160, 39.40.030.
Defined for diking, drainage or sewerage improvement district purposes:
RCW 85.08.010.
Dissolution of inactive port districts: Chapter 53.47 RCW.
District court districting committee, as member of: RCW 3.38.010.
Duties relating to
air pollution control regulations: Chapter 70.94 RCW.
apple commission law: RCW 15.24.180.
baseball contracts with minors: RCW 67.04.110, 67.04.120.
basic juvenile court act: Chapter 13.04 RCW.
camping resorts: RCW 19.105.470, 19.105.490.
cigarette excise tax forfeiture proceeding: RCW 82.24.135.
cities and towns, proceedings attacking validity of consolidation or annexation: RCW 35.23.545.
civil service for sheriff’s office: RCW 41.14.170.
crime victims and witnesses, comprehensive programs: RCW 7.68.035.
dairy products commission law: RCW 15.44.160.
degree-granting institutions: Chapter 28B.85 RCW.
dental hygienists, licensing of: RCW 18.29.100.
department of natural resources: RCW 78.52.035.
diking, drainage and sewerage improvement districts: Chapter 85.08
RCW.
diseased apiaries as nuisance: Chapter 15.60 RCW.
elections, initiative and referendum: Chapter 29A.72 RCW.
elevators, escalators, like conveyances: RCW 70.87.140.
eminent domain by counties: Chapter 8.08 RCW.
food, drug and cosmetic act: RCW 69.04.160.
grain and terminal warehouses, commodity inspection violations: Chapter 22.09 RCW.
homestead property, application to alienate upon grounds of insanity of
one spouse: Chapter 6.13 RCW.
hotels, safety inspection violations: Chapter 70.62 RCW.
housing authority act: RCW 35.82.040.
individuals with mental illness, alcoholics, detention of in private hospitals: Chapter 71.12 RCW.
inspection and certification service fees: RCW 15.17.150.
liquor violations: RCW 66.44.010.
abatement proceedings: Chapter 66.36 RCW.
mental illness: Chapter 71.05 RCW.
pharmacists, regulations of: Chapter 18.64 RCW.
[Title 36 RCW—page 52]
physical therapy, practice of: RCW 18.74.090, 18.74.095.
pilotage act, violations: Chapter 88.16 RCW.
plats, subdivisions and dedications, failure to file: Chapter 58.17 RCW.
private vocational schools: Chapter 28C.10 RCW.
public lands, tidelands and shorelands, appraisal of: RCW 79.125.070.
railroad grade crossings as nuisance, abatement of: RCW 81.53.190.
real estate brokers and salespersons licensing provisions: RCW
18.85.350.
retail installment transaction act: RCW 63.14.190.
river and harbor improvement districts: Chapter 88.32 RCW.
school districts, violations applicable to: Chapter 28A.635 RCW.
securities act: RCW 21.20.410.
seeds: Chapter 15.49 RCW.
sexual psychopaths and psychopathic delinquents: Chapter 71.06 RCW.
soft tree fruits commission law: RCW 15.28.290.
standards, grades and packs violations: RCW 15.17.260.
support of dependent children: Chapter 74.20 RCW.
taxes, property
lien foreclosure: Chapter 84.64 RCW.
recovery: Chapter 84.68 RCW.
term papers, theses, dissertations, sale of prohibited: RCW 28B.10.584.
uniform reciprocal enforcement of support act: Chapter 26.21A RCW.
veterans, employment, reemployment rights: RCW 73.16.061.
vital statistics: Chapter 70.58 RCW.
wages, payment and collection of: RCW 49.48.050.
Washington commercial feed law: Chapter 15.53 RCW.
Washington fertilizer act: RCW 15.54.470.
Washington pesticide act: Chapter 15.58 RCW.
Washington state agricultural enabling act of 1961: RCW 15.65.550.
water code: RCW 90.03.100, 90.03.350.
weed districts: Chapter 17.04 RCW.
wharves, eminent domain of county to provide: RCW 88.24.070.
Gambling activities, as affecting: Chapter 9.46 RCW.
Governor may request action by: RCW 43.06.010(6).
Juvenile justice act, duties of prosecuting attorney: Chapter 13.40 RCW.
Pawnbroker’s and secondhand dealers’ records open to inspection: RCW
19.60.020.
Support of dependent children, records available for use in proceedings
relating to: RCW 74.20.280.
Uniform interstate family support act, prosecuting attorney may enter into
agreement where attorney general will carry out duties under: RCW
74.20.210.
Vehicle of is emergency vehicle: RCW 46.04.040.
Washington habitual traffic offenders act, prosecuting attorney’s duties:
Chapter 46.65 RCW.
36.27.005 Defined. Prosecuting attorneys are attorneys
authorized by law to appear for and represent the state and the
counties thereof in actions and proceedings before the courts
and judicial officers. [1963 c 4 § 36.27.005. Prior: 1891 c 55
§ 3; RRS § 113.]
36.27.005
36.27.010 Eligibility to office. No person shall be eligible to the office of prosecuting attorney in any county of
this state, unless he is a qualified elector therein, and has been
admitted as an attorney and counselor of the courts of this
state. [1963 c 4 § 36.27.010. Prior: 1891 c 55 § 4; RRS §
4128. Cf. 1883 p 72 § 7.]
36.27.010
36.27.020 Duties. The prosecuting attorney shall:
(1) Be legal adviser of the legislative authority, giving
them [it] his or her written opinion when required by the legislative authority or the chairperson thereof touching any subject which the legislative authority may be called or required
to act upon relating to the management of county affairs;
(2) Be legal adviser to all county and precinct officers
and school directors in all matters relating to their official
36.27.020
(2008 Ed.)
Prosecuting Attorney
business, and when required draw up all instruments of an
official nature for the use of said officers;
(3) Appear for and represent the state, county, and all
school districts subject to the supervisory control and direction of the attorney general in all criminal and civil proceedings in which the state or the county or any school district in
the county may be a party;
(4) Prosecute all criminal and civil actions in which the
state or the county may be a party, defend all suits brought
against the state or the county, and prosecute actions upon
forfeited recognizances and bonds and actions for the recovery of debts, fines, penalties, and forfeitures accruing to the
state or the county;
(5) Attend and appear before and give advice to the
grand jury when cases are presented to it for consideration
and draw all indictments when required by the grand jury;
(6) Institute and prosecute proceedings before magistrates for the arrest of persons charged with or reasonably
suspected of felonies when the prosecuting attorney has
information that any such offense has been committed and
the prosecuting attorney shall for that purpose attend when
required by them if the prosecuting attorney is not then in
attendance upon the superior court;
(7) Carefully tax all cost bills in criminal cases and take
care that no useless witness fees are taxed as part of the costs
and that the officers authorized to execute process tax no
other or greater fees than the fees allowed by law;
(8) Receive all cost bills in criminal cases before district
judges at the trial of which the prosecuting attorney was not
present, before they are lodged with the legislative authority
for payment, whereupon the prosecuting attorney may retax
the same and the prosecuting attorney must do so if the legislative authority deems any bill exorbitant or improperly
taxed;
(9) Present all violations of the election laws which may
come to the prosecuting attorney’s knowledge to the special
consideration of the proper jury;
(10) Examine once in each year the official bonds of all
county and precinct officers and report to the legislative
authority any defect in the bonds of any such officer;
(11) Make an annual report to the governor as of the 31st
of December of each year setting forth the amount and nature
of business transacted by the prosecuting attorney in that year
with such other statements and suggestions as the prosecuting
attorney may deem useful;
(12) Send to the state liquor control board at the end of
each year a written report of all prosecutions brought under
the state liquor laws in the county during the preceding year,
showing in each case, the date of trial, name of accused,
nature of charges, disposition of case, and the name of the
judge presiding;
(13) Seek to reform and improve the administration of
criminal justice and stimulate efforts to remedy inadequacies
or injustice in substantive or procedural law. [1995 c 194 § 4;
1987 c 202 § 205; 1975 1st ex.s. c 19 § 1; 1963 c 4 §
36.27.020. Prior: (i) 1911 c 75 § 1; 1891 c 55 § 7; RRS § 116.
(ii) 1886 p 65 § 5; 1883 p 73 § 10; Code 1881 § 2171; 1879 p
93 § 6; 1877 p 246 § 6; 1863 p 408 § 4; 1860 p 335 § 3; 1858
p 12 § 4; 1854 p 416 § 4; RRS § 4130. (iii) 1886 p 61 § 7;
1883 p 73 § 12; Code 1881 § 2168; 1879 p 94 § 8; 1877 p 247
§ 8; RRS § 4131. (iv) 1886 p 61 § 8; 1883 p 74 § 13; Code
(2008 Ed.)
36.27.040
1881 § 2169; 1879 p 94 § 8; 1877 p 247 § 9; RRS § 4132. (v)
1886 p 61 § 9; 1883 p 74 § 14; Code 1881 § 2170; 1879 p 94
§ 9; 1877 p 247 § 10; RRS § 4133. (vi) 1886 p 62 § 13; 1883
p 74 § 18; Code 1881 § 2165; 1879 p 95 § 13; 1877 p 248 §
14; 1863 p 409 § 5; 1860 p 334 § 4; 1858 p 12 § 5; 1854 p 417
§ 5; RRS § 4134. (vii) Referendum No. 24; 1941 c 191 § 1;
1886 p 63 § 18; 1883 p 76 § 24; Code 1881 § 2146; 1879 p 96
§ 18; RRS § 4136. (viii) Code 1881 § 3150; 1866 p 52 § 10;
RRS § 4137. (ix) 1933 ex.s. c 62 § 81, part; RRS § 7306-81,
part.]
Intent—1987 c 202: See note following RCW 2.04.190.
Annual report to include number of child abuse reports and cases: RCW
26.44.075.
36.27.030 Disability of prosecuting attorney. When
from illness or other cause the prosecuting attorney is temporarily unable to perform his duties, the court or judge may
appoint some qualified person to discharge the duties of such
officer in court until the disability is removed.
When any prosecuting attorney fails, from sickness or
other cause, to attend a session of the superior court of his
county, or is unable to perform his duties at such session, the
court or judge may appoint some qualified person to discharge the duties of such session, and the appointee shall
receive a compensation to be fixed by the court, to be
deducted from the stated salary of the prosecuting attorney,
not exceeding, however, one-fourth of the quarterly salary of
the prosecuting attorney: PROVIDED, That in counties
wherein there is no person qualified for the position of prosecuting attorney, or wherein no qualified person will consent
to perform the duties of that office, the judge of the superior
court shall appoint some suitable person, a duly admitted and
practicing attorney-at-law and resident of the state to perform
the duties of prosecuting attorney for such county, and he
shall receive such reasonable compensation for his services
as shall be fixed and ordered by the court, to be paid by the
county for which the services are performed. [1963 c 4 §
36.27.030. Prior: (i) 1891 c 55 § 5; RRS § 114. (ii) 1893 c 52
§ 1; 1886 p 62 § 14; 1883 p 74 § 19; Code 1881 § 2166; 1879
p 95 § 14; 1877 p 248 § 15; 1863 p 409 § 6; 1860 p 335 § 5;
1858 p 13 § 6; 1854 p 417 § 6; RRS § 4135.]
36.27.030
36.27.040 Appointment of deputies—Special and
temporary deputies. The prosecuting attorney may appoint
one or more deputies who shall have the same power in all
respects as their principal. Each appointment shall be in writing, signed by the prosecuting attorney, and filed in the
county auditor’s office. Each deputy thus appointed shall
have the same qualifications required of the prosecuting
attorney, except that such deputy need not be a resident of the
county in which he serves. The prosecuting attorney may
appoint one or more special deputy prosecuting attorneys
upon a contract or fee basis whose authority shall be limited
to the purposes stated in the writing signed by the prosecuting
attorney and filed in the county auditor’s office. Such special
deputy prosecuting attorney shall be admitted to practice as
an attorney before the courts of this state but need not be a
resident of the county in which he serves and shall not be
under the legal disabilities attendant upon prosecuting attorneys or their deputies except to avoid any conflict of interest
with the purpose for which he has been engaged by the pros36.27.040
[Title 36 RCW—page 53]
36.27.045
Title 36 RCW: Counties
ecuting attorney. The prosecuting attorney shall be responsible for the acts of his deputies and may revoke appointments
at will.
Two or more prosecuting attorneys may agree that one or
more deputies for any one of them may serve temporarily as
deputy for any other of them on terms respecting compensation which are acceptable to said prosecuting attorneys. Any
such deputy thus serving shall have the same power in all
respects as if he were serving permanently.
The provisions of chapter 39.34 RCW shall not apply to
such agreements.
The provisions of RCW 41.56.030(2) shall not be interpreted to permit a prosecuting attorney to alter the at-will
relationship established between the prosecuting attorney and
his or her appointed deputies by this section for a period of
time exceeding his or her term of office. Neither shall the provisions of RCW 41.56.030(2) require a prosecuting attorney
to alter the at-will relationship established by this section.
[2000 c 23 § 2; 1975 1st ex.s. c 19 § 2; 1963 c 4 § 36.27.040.
Prior: 1959 c 30 § 1; 1943 c 35 § 1; 1903 c 7 § 1; 1891 c 55
§ 6; 1886 p 63 § 17; 1883 p 76 § 23; Code 1881 § 2142; 1879
p 95 § 16; Rem. Supp. 1943 § 115.]
36.27.045 Employment of legal interns. Notwithstanding any other provision of this chapter, nothing in this
chapter shall be deemed to prevent a prosecuting attorney
from employing legal interns as otherwise authorized by statute or court rule. [1974 ex.s. c 6 § 1.]
36.27.045
36.27.050 Special emoluments prohibited. No prosecuting attorney shall receive any fee or reward from any person, on behalf of any prosecution, or for any of his official
services, except as provided in this title, nor shall he be
engaged as attorney or counsel for any party in any action
depending upon the same facts involved in any criminal proceeding. [1963 c 4 § 36.27.050. Prior: 1888 p 189 § 1; 1886
p 62 § 12; 1883 p 74 § 17; Code 1881 § 2164; 1879 p 94 § 12;
1877 p 248 § 13; 1863 p 409 § 8; 1860 p 335 § 7; 1858 p 13
§ 8; 1854 p 417 § 7; RRS § 4138.]
ney and no services that are performed shall be deemed
within the scope of employment of a prosecutor or deputy
prosecutor. [1991 c 363 § 55; 1989 c 39 § 1; 1973 1st ex.s. c
86 § 1; 1971 ex.s. c 237 § 2; 1969 ex.s. c 226 § 2; 1963 c 4 §
36.27.060. Prior: 1941 c 46 § 2; Rem. Supp. 1941 § 4139-1.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Effective date—1973 1st ex.s. c 86: "This 1973 amendatory act shall
take effect on the second Monday in the month of January, 1975." [1973 1st
ex.s. c 86 § 2.]
Severability—Effective date—1971 ex.s. c 237: See notes following
RCW 36.17.020.
36.27.070 Office at county seat. The prosecuting attorney of each county in the state of Washington must keep an
office at the county seat of the county of which he is prosecuting attorney. [1963 c 4 § 36.27.070. Prior: 1909 c 122 § 1;
RRS § 4139.]
36.27.070
36.27.100 Statewide drug prosecution assistance program—Created. The legislature recognizes that, due to the
magnitude or volume of offenses in a given area of the state,
there is a recurring need for supplemental assistance in the
prosecuting of drug and drug-related offenses that can be
directed to the area of the state with the greatest need for
short-term assistance. A statewide drug prosecution assistance program is created within the department of community, trade, and economic development to assist county prosecuting attorneys in the prosecution of drug and drug-related
offenses. [1995 c 399 § 41; 1989 c 271 § 236.]
36.27.100
36.27.050
36.27.060 Private practice prohibited in certain
counties—Deputy prosecutors. (1) The prosecuting attorney, and deputy prosecuting attorneys, of each county with a
population of eighteen thousand or more shall serve full time
and except as otherwise provided for in this section shall not
engage in the private practice of law.
(2) Deputy prosecuting attorneys in a county with a population of from eighteen thousand to less than one hundred
twenty-five thousand may serve part time and engage in the
private practice of law if the county legislative authority so
provides.
(3) Except as provided in subsection (4) of this section,
nothing in this section prohibits a prosecuting attorney or
deputy prosecuting attorney in any county from:
(a) Performing legal services for himself or herself or his
or her immediate family; or
(b) Performing legal services of a charitable nature.
(4) The legal services identified in subsection (3) of this
section may not be performed if they would interfere with the
duties of a prosecuting attorney, or deputy prosecuting attor36.27.060
[Title 36 RCW—page 54]
Severability—1989 c 271: See note following RCW 9.94A.510.
36.27.110 Statewide drug prosecution assistance program—Advisory committee—Selection of project director. There is established a statewide advisory committee
comprised of the attorney general, the chief of the Washington state patrol, both United States attorneys whose offices
are located in Washington state, and three county prosecuting
attorneys appointed by the Washington association of prosecuting attorneys, who will also act as supervising attorneys.
The statewide advisory committee shall select one of the
supervising attorneys to act as project director of the drug
prosecution assistance program. [1989 c 271 § 237.]
36.27.110
Severability—1989 c 271: See note following RCW 9.94A.510.
36.27.120 Statewide drug prosecution assistance program—Personnel—Review of assignments—Supervision
of special deputies. The project director of the drug prosecution assistance program shall employ up to five attorneys to
act as special deputy prosecuting attorneys. A county or
counties may request the assistance of one or more of the special deputy prosecuting attorneys. The project director after
consultation with the advisory committee shall determine the
assignment of the special deputy prosecutors. Within funds
appropriated for this purpose, the project director may also
employ necessary support staff and purchase necessary supplies and equipment.
The advisory committee shall regularly review the
assignment of the special deputy prosecuting attorneys to
ensure that the program’s impact on the drug abuse problem
is maximized.
36.27.120
(2008 Ed.)
County Sheriff
During the time a special deputy prosecuting attorney is
assigned to a county, the special deputy is under the direct
supervision of the county prosecuting attorney for that
county. The advisory committee may reassign a special deputy at any time: PROVIDED, That adequate notice must be
given to the county prosecuting attorney if the special deputy
is involved in a case scheduled for trial. [1989 c 271 § 238.]
Severability—1989 c 271: See note following RCW 9.94A.510.
Chapter 36.28
Chapter 36.28 RCW
COUNTY SHERIFF
Sections
36.28.010
36.28.011
36.28.020
36.28.025
36.28.030
36.28.040
36.28.050
36.28.060
36.28.090
36.28.100
36.28.110
36.28.120
36.28.130
36.28.150
36.28.160
36.28.170
36.28.180
36.28.190
General duties.
Duty to make complaint.
Powers of deputies, regular and special.
Qualifications.
New or additional bond of sheriff.
May demand fees in advance.
May demand indemnifying bond.
Duplicate receipts—Penalties.
Service of process when sheriff disqualified.
Employment of prisoners.
Sheriff not to practice law.
Duty of retiring sheriffs, constables, and coroners—Successors’ duties.
Actions by successors and by officials after expiration of term
of office validated.
Liability for fault or misconduct.
Office at county seat.
Standard uniform for sheriffs and deputies.
Allowance for clothing and other incidentals.
City contracts to obtain sheriff’s office law enforcement services.
Action against, limitation on: RCW 4.16.080, 4.16.110.
Attachment of witnesses directed to: RCW 5.56.080.
Civil service for sheriff’s office: Chapter 41.14 RCW.
Counties may engage in probation and parole services: RCW 36.01.070.
Court rooms, court may order sheriff to provide: RCW 2.28.140.
Defined for attachment proceedings purposes: RCW 6.25.010.
Dissolution of inactive port districts, sheriff’s sale: RCW 53.47.040.
Disturbances at state penal facilities: Chapter 72.72 RCW.
Dog handler using dog in line of duty—Immunity: RCW 4.24.410.
Duties relating to
abandoned animals: Chapter 16.54 RCW.
adverse claims to property levied upon: Chapter 6.19 RCW.
agister and trainer liens: Chapter 60.56 RCW.
apple advertising regulations: RCW 15.24.180.
attachment, sheriff’s duties: Chapter 6.25 RCW.
chattel mortgages, foreclosure of: Chapter 61.12 RCW.
cities and towns
involuntary dissolution: RCW 35.07.260.
protection from water pollution: Chapter 35.88 RCW.
civil actions
impanelling jury: RCW 4.44.120.
sheriff to obtain money or property ordered deposited into court upon
default: RCW 4.44.490.
sheriff to provide jurors food and lodging: RCW 4.44.310.
crop liens: Chapter 60.11 RCW.
dairy products commission law: RCW 15.44.160.
dead bodies, sheriff to surrender for dissection purposes: RCW
68.50.070.
default in rent of forty dollars or less: RCW 59.08.060, 59.08.090,
59.08.100.
department of revenue summons: RCW 84.08.050.
diking, drainage district, dissolution of: Chapter 85.07 RCW.
dogs: Chapter 16.08 RCW.
elections, polling place regulations during voting hours: Chapter 29A.44
RCW.
eminent domain by state: Chapter 8.04 RCW.
(2008 Ed.)
36.28.010
execution of judgment: Chapter 6.17 RCW.
fires, sheriff to report: RCW 43.44.050.
forcible entry or forcible or unlawful detainer actions: Chapter 59.12
RCW.
game official, duties as: Chapter 77.12 RCW, RCW 77.32.250.
highway advertising control act, violations: Chapter 47.42 RCW.
horses, mules, asses at large, sheriff to impound: Chapter 16.24 RCW.
individuals with mental illness, state hospitals for, escape by patient from:
Chapter 72.23 RCW.
irrigation and rehabilitation district rules and regulations: RCW
87.84.100.
juries, drawing of: Chapter 2.36 RCW.
labor disputes, arbitration of: RCW 49.08.030.
lien for labor and services on timber and lumber, actions on: Chapter
60.24 RCW.
limited access facility within city or town: RCW 47.52.200.
liquor violations, sheriff as enforcement officer: RCW 66.44.010.
lost and found property: Chapter 63.21 RCW.
mental illness: Chapter 71.05 RCW.
mines, abandoned mining shafts and excavations: Chapter 78.12 RCW.
missing children: RCW 13.60.020.
motor vehicle
accidents: Chapter 46.52 RCW.
fuel haulers: RCW 82.36.210.
offenses generally: Title 46 RCW.
obstructions on public highways: Chapter 47.32 RCW.
port districts
dissolution of: Chapter 53.48 RCW.
motor vehicle regulation enforcement: RCW 53.08.230.
prevention of cruelty to animals: Chapter 16.52 RCW.
proceedings supplemental to execution: Chapter 6.32 RCW.
real estate mortgages, foreclosure of: Chapter 61.12 RCW.
regional jail camps: RCW 72.64.100.
sales under execution and redemption: Chapter 6.21 RCW.
search and seizure, cigarette excise tax: RCW 82.24.190.
soft tree fruits commission law: RCW 15.28.290.
state board of health measures: RCW 43.20.050.
support of dependent children: Chapter 74.20 RCW.
suretyship: Chapter 19.72 RCW.
tax warrants
generally: Chapter 82.32 RCW.
motor vehicle fuel tax: RCW 82.36.130.
taxes, property
private car companies on, process serving: RCW 84.16.032.
public utilities on, process serving: RCW 84.12.240.
traffic control devices, forbidden devices, abatement of: RCW 47.36.180.
traffic schools: Chapter 46.83 RCW.
unclaimed property in hands of sheriff: Chapter 63.40 RCW.
unemployment compensation: RCW 50.12.170, 50.24.110.
uniform code of military justice: RCW 38.38.080 through 38.38.092,
38.38.492.
Gambling activities, as affecting: Chapter 9.46 RCW.
Law enforcement chaplains authorized: Chapter 41.22 RCW.
Money in hands of sheriff under attachment may be garnished: RCW
6.27.050.
Motor vehicle accidents, reports made to sheriff: Chapter 46.52 RCW.
Names of amateur radio station vehicle licensees to be furnished to: RCW
46.16.340.
Registry of persons allowed property access during forest fires and wildfires,
creation of: RCW 47.48.060.
Reports of motor vehicle repairs made to: RCW 46.52.090.
Sheriff’s deed: RCW 6.21.120.
Support of dependent children, sheriff to charge no fees in connection with:
RCW 74.20.300.
Surety, sheriff ineligible as: RCW 19.72.020.
Vehicle of as emergency vehicle: RCW 46.04.040.
Vehicle wreckers (licensed) records, sheriff may inspect: RCW 46.80.080.
36.28.010 General duties. The sheriff is the chief executive officer and conservator of the peace of the county. In
the execution of his office, he and his deputies:
36.28.010
[Title 36 RCW—page 55]
36.28.011
Title 36 RCW: Counties
(1) Shall arrest and commit to prison all persons who
break the peace, or attempt to break it, and all persons guilty
of public offenses;
(2) Shall defend the county against those who, by riot or
otherwise, endanger the public peace or safety;
(3) Shall execute the process and orders of the courts of
justice or judicial officers, when delivered for that purpose,
according to law;
(4) Shall execute all warrants delivered for that purpose
by other public officers, according to the provisions of particular statutes;
(5) Shall attend the sessions of the courts of record held
within the county, and obey their lawful orders or directions;
(6) Shall keep and preserve the peace in their respective
counties, and quiet and suppress all affrays, riots, unlawful
assemblies and insurrections, for which purpose, and for the
service of process in civil or criminal cases, and in apprehending or securing any person for felony or breach of the
peace, they may call to their aid such persons, or power of
their county as they may deem necessary. [1965 c 92 § 1;
1963 c 4 § 36.28.010. Prior: (i) 1891 c 45 § 1; RRS § 4157.
(ii) Code 1881 § 2769; 1863 p 557 § 4; 1854 p 434 § 4; RRS
§ 4168.]
36.28.011 Duty to make complaint. In addition to the
duties contained in RCW 36.28.010, it shall be the duty of all
sheriffs to make complaint of all violations of the criminal
law, which shall come to their knowledge, within their
respective jurisdictions. [1963 c 4 § 36.28.011. Prior: 1955
c 10 § 1. Cf. Code 1881 § 2801, part; 1869 p 264 § 311, part;
RRS § 4173, part.]
36.28.011
36.28.020 Powers of deputies, regular and special.
Every deputy sheriff shall possess all the power, and may
perform any of the duties, prescribed by law to be performed
by the sheriff, and shall serve or execute, according to law, all
process, writs, precepts, and orders, issued by lawful authority.
Persons may also be deputed by the sheriff in writing to
do particular acts; including the service of process in civil or
criminal cases, and the sheriff shall be responsible on his official bond for their default or misconduct. [1963 c 4 §
36.28.020. Prior: 1961 c 35 § 2; prior: (i) Code 1881 § 2767,
part; 1871 p 110 § 1, part; 1863 p 557 § 2, part; 1854 p 434 §
2, part; RRS § 4160, part. (ii) 1886 p 174 § 1; Code 1881 §
2768; 1863 p 557 § 3; 1854 p 434 § 3; RRS § 4167.]
36.28.020
36.28.025 Qualifications. A person who files a declaration of candidacy for the office of sheriff after September 1,
1979, shall have, within twelve months of assuming office, a
certificate of completion of a basic law enforcement training
program which complies with standards adopted by the criminal justice training commission pursuant to RCW
43.101.080 and *43.101.160.
This requirement does not apply to persons holding the
office of sheriff in any county on September 1, 1979. [1979
ex.s. c 153 § 6.]
36.28.025
*Reviser’s note: RCW 43.101.160 was repealed by 1983 c 197 § 55,
effective June 30, 1987.
[Title 36 RCW—page 56]
36.28.030 New or additional bond of sheriff. Whenever the company acting as surety on the official bond of a
sheriff is disqualified, insolvent, or the penalty of the bond
becomes insufficient on account of recovery had thereon, or
otherwise, the sheriff shall submit a new or additional bond
for approval to the board of county commissioners, if in session, or, if not in session, for the approval of the chairman of
such board, and file the same, when approved, in the office of
the county clerk of his county, and such new or additional
bond shall be in a penal sum sufficient in amount to equal the
sum specified in the original bond when added to the penalty
of any existing bond, so that under one or more bonds there
shall always be an enforceable obligation of the surety on the
official bond or bonds of the sheriff in a penal sum of not less
than the amount of the bond as originally approved. [1963 c
4 § 36.28.030. Prior: 1943 c 139 § 2; Rem. Supp. 1943 §
4155-1.]
36.28.030
36.28.040 May demand fees in advance. No sheriff,
deputy sheriff, or coroner shall be liable for any damages for
neglecting or refusing to serve any civil process unless his
legal fees are first tendered him. [1963 c 4 § 36.28.040. Prior:
1941 c 237 § 1, part; 1935 c 33 § 1, part; Code 1881 § 2772,
part; 1863 p 558 § 7, part; 1854 p 434 § 7, part; Rem. Supp.
1941 § 4172, part.]
36.28.040
36.28.050 May demand indemnifying bond. If any
property levied upon by virtue of any writ of attachment or
execution or other order issued to the sheriff out of any court
in this state is claimed by any person other than the defendant, and such person or his agent or attorney makes affidavit
of his title thereto or his right to possession thereof, stating
the value thereof and the basis of such right or title, the sheriff
may release such levy, unless the plaintiff on demand indemnifies the sheriff against such claim by an undertaking executed by a sufficient surety.
No claim to such property by any person other than the
defendant shall be valid against the sheriff, unless the supporting affidavit is made. Notwithstanding receipt of a proper
claim the sheriff shall retain such property under levy a reasonable time to demand such indemnity.
Any sheriff, or other levying officer, may require an
indemnifying bond of the plaintiff in all cases where he has to
take possession of personal property. [1963 c 4 § 36.28.050.
Prior: 1941 c 237 § 1, part; 1935 c 33 § 1, part; Code 1881 §
2772, part; 1863 p 558 § 7, part; 1854 p 434 § 7, part; Rem.
Supp. 1941 § 4172, part.]
36.28.050
36.28.060 Duplicate receipts—Penalties. (1) The
sheriff shall make duplicate receipts for all payments for his
or her services specifying the particular items thereof, at the
time of payment, whether paid by virtue of the laws of this
state or of the United States. Such duplicate receipts shall be
numbered consecutively for each month commencing with
number one. One of such receipts shall have written or
printed upon it the word "original"; and the other shall have
written or printed upon it the word "duplicate."
(2) At the time of payment of any fees, the sheriff shall
deliver to the person making payment, either personally or by
mail, the copy of the receipt designated "duplicate."
36.28.060
(2008 Ed.)
County Sheriff
(3) The receipts designated "original" for each month
shall be attached to the verified statement of fees for the corresponding month and the sheriff shall file with the county
treasurer of his or her county all original receipts for each
month with such verified statement.
(4) A sheriff shall not receive his or her salary for the
preceding month until the provisions of this section have
been complied with.
(5) Any sheriff violating this section, or failing to perform any of the duties required thereby, is guilty of a misdemeanor and shall be fined in any sum not less than ten dollars
nor more than fifty dollars for each offense. [2003 c 53 §
202; 1963 c 4 § 36.28.060. Prior: (i) 1909 c 105 § 1; RRS §
4161. (ii) 1909 c 105 § 2; RRS § 4162.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
36.28.090 Service of process when sheriff disqualified. When there is no sheriff of a county, or he is disqualified from any cause from discharging any particular duty, it
shall be lawful for the officer or person commanding or desiring the discharge of that duty to appoint some suitable person, a citizen of the county, to execute the same: PROVIDED, That final process shall in no case be executed by
any person other than the legally authorized officer; or in case
he is disqualified, some suitable person appointed by the
court, or judge thereof, out of which the process issues, who
shall make such appointment in writing; and before such
appointment shall take effect, the person appointed shall give
security to the party interested for the faithful performance of
his duties, which bond of suretyship shall be in writing,
approved by the court or judge appointing him, and be placed
on file with the papers in the case. [1963 c 4 § 36.28.090.
Prior: Code 1881 § 745; 1869 p 172 § 687; RRS § 4170.]
36.28.090
36.28.100 Employment of prisoners. The sheriff or
director of public safety shall employ all able bodied persons
sentenced to imprisonment in the county jail in such manner
and at such places within the county as may be directed by the
legislative authority of the county. [1973 1st ex.s. c 154 § 54;
1963 c 4 § 36.28.100. Prior: 1909 c 249 § 27; RRS § 2279.]
36.28.180
ther charge of the execution of such writs and processes; and
they shall also deliver to their successors all official papers
and property in their possession or under their control. The
successors shall execute or complete the execution of all such
writs and processes, and finish and complete all business
turned over to them. [1963 c 4 § 36.28.120. Prior: 1895 c 17
§ 1; RRS § 4174.]
36.28.130
36.28.130 Actions by successors and by officials after
expiration of term of office validated. In all cases where
any sheriff, constable or coroner has executed any writ or
other process delivered to him by his predecessor, or has
completed any business commenced by his predecessor
under any writ or process, and has completed any other business commenced by his predecessor, and in all cases where
any sheriff, constable or coroner has executed any writ or
other process, or completed any business connected with his
office after the expiration of his term of office, which writ or
process he had commenced to execute, or which business he
had commenced to perform, prior to the expiration of his
term of office, such action shall be valid and effectual for all
purposes. [1963 c 4 § 36.28.130. Prior: 1895 c 17 § 2; RRS
§ 4175.]
36.28.150
36.28.150 Liability for fault or misconduct. Whenever any sheriff neglects to make due return of any writ or
other process delivered to him to be executed, or is guilty of
any default or misconduct in relation thereto, he shall be liable to fine or attachment, or both, at the discretion of the
court, subject to appeal, such fine, however, not to exceed
two hundred dollars; and also to an action for damages to the
party aggrieved. [1963 c 4 § 36.28.150. Prior: Code 1881 §
2771; 1863 p 558 § 6; 1854 p 434 § 6; RRS § 4169.]
36.28.100
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
36.28.110 Sheriff not to practice law. No sheriff shall
appear or practice as attorney in any court, except in their
own defense. [1992 c 225 § 2; 1963 c 4 § 36.28.110. Prior:
1891 c 45 § 4, part; Code 1881 § 2770, part; 1863 p 558 § 5,
part; 1854 p 434 § 5, part; RRS § 4171, part.]
36.28.110
36.28.120 Duty of retiring sheriffs, constables, and
coroners—Successors’ duties. All sheriffs, constables and
coroners, upon the completion of their term of office and the
qualification of their successors, shall deliver and turn over to
their successors all writs and other processes in their possession not wholly executed, and all personal property in their
possession or under their control held under such writs or
processes, and take receipts therefor in duplicate, one of
which shall be filed in the office from which such writ or process issued as a paper in the action, which receipt shall be
good and sufficient discharge to such officer of and from fur36.28.120
(2008 Ed.)
36.28.160
36.28.160 Office at county seat. The sheriff must keep
his office at the county seat of the county of which he is sheriff. [1963 c 4 § 36.28.160. Prior: 1891 c 45 § 2; RRS § 4158.
SLC-RO-14.]
36.28.170
36.28.170 Standard uniform for sheriffs and deputies. The executive secretary of the Washington state association of elected county officials, upon written approval of a
majority of the sheriffs in the state, shall file with the secretary of state a description of a standard uniform which may be
withdrawn or modified by re-filing in the same manner as
originally filed. A uniform of the description so filed shall
thereafter be reserved exclusively for the use of sheriffs and
their deputies: PROVIDED, That the filing of a standard uniform description shall not make mandatory the adoption of
said uniform by any county sheriff or his deputies. [1963 c
50 § 1.]
36.28.180
36.28.180 Allowance for clothing and other incidentals. A county may from available funds provide for an
allowance for clothing and other incidentals necessary to the
performance of official duties for the sheriff and his deputies.
[1979 c 132 § 1; 1963 c 50 § 2.]
[Title 36 RCW—page 57]
36.28.190
Title 36 RCW: Counties
36.28.190 City contracts to obtain sheriff’s office law
enforcement services. See RCW 41.14.250 through
41.14.280.
36.28.190
Chapter 36.28A RCW
ASSOCIATION OF SHERIFFS AND POLICE CHIEFS
Chapter 36.28A
Sections
36.28A.010
36.28A.020
36.28A.030
Declarations.
Local law and justice plan assistance.
Malicious harassment—Information reporting and dissemination.
36.28A.040 Statewide city and county jail booking and reporting system—Standards committee—Statewide automated victim
information and notification system.
36.28A.0401 Statewide automated victim information and notification system—Vendor services.
36.28A.0402 Statewide automated victim information and notification system—Department of corrections data.
36.28A.050 Statewide city and county jail booking and reporting system—Grant fund.
36.28A.060 Statewide first responder building mapping information system—Creation—Data must be available to law enforcement, military, and fire safety agencies—Standards—Public disclosure exemption.
36.28A.070 Statewide first responder building mapping information system—Committee established—Development of guidelines.
36.28A.080 Immunity from liability.
36.28A.090 Firearms certificates for qualified retired law enforcement
officers.
36.28A.100 Committee to improve administration of missing person
information—Protocol endorsement.
36.28A.110 Missing persons information web site creation.
36.28A.120 State patrol involvement with missing persons systems—
Local law enforcement procedures for missing persons
information.
36.28A.130 Washington auto theft prevention authority—Created.
36.28A.140 Development of model policy to address property access during forest fires and wildfires.
36.28A.200 Gang crime enforcement grant program.
36.28A.210 Graffiti and tagging abatement grant program.
36.28A.220 Grant programs—Effectiveness evaluations.
36.28A.010 Declarations. The Washington association
of sheriffs and police chiefs is hereby declared to be a combination of units of local government: PROVIDED, That such
association shall not be considered an "employer" within the
meaning of RCW 41.26.030(2) or 41.40.010(4): PROVIDED FURTHER, That no compensation received as an
employee of the association shall be considered salary for
purposes of the provisions of any retirement system created
pursuant to the general laws of this state: PROVIDED FURTHER, That such association shall not qualify for inclusion
under the unallocated two mills of the property tax of any
political subdivision: PROVIDED FURTHER, That the
association shall not have the authority to assess any excess
levy or bond measure. [1975 1st ex.s. c 172 § 1.]
36.28A.010
36.28A.020 Local law and justice plan assistance.
The Washington association of sheriffs and police chiefs
may, upon request of a county’s legislative authority, assist
the county in developing and implementing its local law and
justice plan. In doing so, the association shall consult with the
office of financial management and the department of corrections. [1991 c 363 § 56.]
36.28A.020
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
[Title 36 RCW—page 58]
36.28A.030 Malicious harassment—Information
reporting and dissemination. (1) The Washington association of sheriffs and police chiefs shall establish and maintain
a central repository for the collection and classification of
information regarding violations of RCW 9A.36.080. Upon
establishing such a repository, the association shall develop a
procedure to monitor, record, and classify information relating to violations of RCW 9A.36.080 and any other crimes of
bigotry or bias apparently directed against other persons
because the people committing the crimes perceived that
their victims were of a particular race, color, religion, ancestry, national origin, gender, sexual orientation, or had a mental, physical, or sensory handicap.
(2) All local law enforcement agencies shall report
monthly to the association concerning all violations of RCW
9A.36.080 and any other crimes of bigotry or bias in such
form and in such manner as prescribed by rules adopted by
the association. Agency participation in the association’s
reporting programs, with regard to the specific data requirements associated with violations of RCW 9A.36.080 and any
other crimes of bigotry or bias, shall be deemed to meet
agency reporting requirements. The association must summarize the information received and file an annual report with
the governor and the senate law and justice committee and
the house of representatives judiciary committee.
(3) The association shall disseminate the information
according to the provisions of chapters 10.97 and 10.98
RCW, and all other confidentiality requirements imposed by
federal or Washington law. [1993 c 127 § 4.]
36.28A.030
Severability—1993 c 127: See note following RCW 9A.36.078.
36.28A.040 Statewide city and county jail booking
and reporting system—Standards committee—Statewide
automated victim information and notification system.
(1) No later than July 1, 2002, the Washington association of
sheriffs and police chiefs shall implement and operate an
electronic statewide city and county jail booking and reporting system. The system shall serve as a central repository and
instant information source for offender information and jail
statistical data. The system may be placed on the Washington state justice information network and be capable of communicating electronically with every Washington state city
and county jail and with all other Washington state criminal
justice agencies as defined in RCW 10.97.030.
(2) After the Washington association of sheriffs and
police chiefs has implemented an electronic jail booking system as described in subsection (1) of this section, if a city or
county jail or law enforcement agency receives state or federal funding to cover the entire cost of implementing or
reconfiguring an electronic jail booking system, the city or
county jail or law enforcement agency shall implement or
reconfigure an electronic jail booking system that is in compliance with the jail booking system standards developed
pursuant to subsection (4) of this section.
(3) After the Washington association of sheriffs and
police chiefs has implemented an electronic jail booking system as described in subsection (1) of this section, city or
county jails, or law enforcement agencies that operate electronic jail booking systems, but choose not to accept state or
federal money to implement or reconfigure electronic jail
booking systems, shall electronically forward jail booking
36.28A.040
(2008 Ed.)
Association of Sheriffs and Police Chiefs
information to the Washington association of sheriffs and
police chiefs. At a minimum the information forwarded shall
include the name of the offender, vital statistics, the date the
offender was arrested, the offenses arrested for, the date and
time an offender is released or transferred from a city or
county jail, and if available, the mug shot. The electronic format in which the information is sent shall be at the discretion
of the city or county jail, or law enforcement agency forwarding the information. City and county jails or law enforcement
agencies that forward jail booking information under this
subsection are not required to comply with the standards
developed under subsection (4)(b) of this section.
(4) The Washington association of sheriffs and police
chiefs shall appoint, convene, and manage a statewide jail
booking and reporting system standards committee. The
committee shall include representatives from the Washington
association of sheriffs and police chiefs correction committee, the information service board’s justice information committee, the judicial information system, at least two individuals who serve as jailers in a city or county jail, and other individuals that the Washington association of sheriffs and police
chiefs places on the committee. The committee shall have
the authority to:
(a) Develop and amend as needed standards for the statewide jail booking and reporting system and for the information that must be contained within the system. At a minimum, the system shall contain:
(i) The offenses the individual has been charged with;
(ii) Descriptive and personal information about each
offender booked into a city or county jail. At a minimum, this
information shall contain the offender’s name, vital statistics,
address, and mugshot;
(iii) Information about the offender while in jail, which
could be used to protect criminal justice officials that have
future contact with the offender, such as medical conditions,
acts of violence, and other behavior problems;
(iv) Statistical data indicating the current capacity of
each jail and the quantity and category of offenses charged;
(v) The ability to communicate directly and immediately
with the city and county jails and other criminal justice entities; and
(vi) The date and time that an offender was released or
transferred from a local jail;
(b) Develop and amend as needed operational standards
for city and county jail booking systems, which at a minimum
shall include the type of information collected and transmitted, and the technical requirements needed for the city and
county jail booking system to communicate with the statewide jail booking and reporting system;
(c) Develop and amend as needed standards for allocating grants to city and county jails or law enforcement agencies that will be implementing or reconfiguring electronic jail
booking systems.
(5)(a) A statewide automated victim information and
notification system shall be added to the city and county jail
booking and reporting system. The system shall:
(i) Automatically notify a registered victim via the victim’s choice of telephone, letter, or e-mail when any of the
following events affect an offender housed in any Washington state city or county jail or department of corrections facility:
(2008 Ed.)
36.28A.040
(A) Is transferred or assigned to another facility;
(B) Is transferred to the custody of another agency outside the state;
(C) Is given a different security classification;
(D) Is released on temporary leave or otherwise;
(E) Is discharged;
(F) Has escaped; or
(G) Has been served with a protective order that was
requested by the victim;
(ii) Automatically notify a registered victim via the victim’s choice of telephone, letter, or e-mail when an offender
has:
(A) An upcoming court event where the victim is entitled
to be present, if the court information is made available to the
statewide automated victim information and notification system administrator at the Washington association of sheriffs
and police chiefs;
(B) An upcoming parole, pardon, or community supervision hearing; or
(C) A change in the offender’s parole, probation, or community supervision status including:
(I) A change in the offender’s supervision status; or
(II) A change in the offender’s address;
(iii) Automatically notify a registered victim via the victim’s choice of telephone, letter, or e-mail when a sex
offender has:
(A) Updated his or her profile information with the state
sex offender registry; or
(B) Become noncompliant with the state sex offender
registry;
(iv) Permit a registered victim to receive the most recent
status report for an offender in any Washington state city and
county jail, department of corrections, or sex offender registry by calling the statewide automated victim information and
notification system on a toll-free telephone number or by
accessing the statewide automated victim information and
notification system via a public web site. All registered victims calling the statewide automated victim information and
notification system will be given the option to have live operator assistance to help use the program on a twenty-four hour,
three hundred sixty-five day per year basis;
(v) Permit a crime victim to register, or registered victim
to update, the victim’s registration information for the statewide automated victim information and notification system
by calling a toll-free telephone number or by accessing a public web site; and
(vi) Ensure that the offender information contained
within the statewide automated victim information and notification system is updated frequently to timely notify a crime
victim that an offender has been released or discharged or has
escaped. However, the failure of the statewide automated
victim information and notification system to provide notice
to the victim does not establish a separate cause of action by
the victim against state officials, local officials, law enforcement officers, or any related correctional authorities.
(b) An appointed or elected official, public employee, or
public agency as defined in RCW 4.24.470, or units of government and its employees, as provided in RCW 36.28A.010,
are immune from civil liability for damages for any release of
information or the failure to release information related to the
statewide automated victim information and notification sys[Title 36 RCW—page 59]
36.28A.0401
Title 36 RCW: Counties
tem and the jail booking and reporting system as described in
this section, so long as the release was without gross negligence. The immunity provided under this subsection applies
to the release of relevant and necessary information to other
public officials, public employees, or public agencies, and to
the general public.
(c) Participation in the statewide automated victim information and notification program satisfies any obligation to
notify the crime victim of an offender’s custody status and
the status of the offender’s upcoming court events so long as:
(i) Information making offender and case data available
is provided on a timely basis to the statewide automated victim information and notification program; and
(ii) Information a victim submits to register and participate in the victim notification system is only used for the sole
purpose of victim notification.
(d) Automated victim information and notification systems in existence and operational as of July 22, 2007, shall
not be required to participate in the statewide system. [2007
c 204 § 1; 2001 c 169 § 3; 2000 c 3 § 1.]
Contingent expiration date—2000 c 3: "If the Washington association of sheriffs and police chiefs does not receive federal funding for purposes of this act by December 31, 2000, this act is null and void." [2000 c 3
§ 4.] According to the Washington association of sheriffs and police chiefs,
federal funding for the purposes of chapter 3, Laws of 2000, was received by
December 31, 2000.
36.28A.0401 Statewide automated victim information and notification system—Vendor services. In Washington any vendor contracted to provide a statewide automated victim notification service must deliver the service
with a minimum of 99.95-percent availability and with less
than an average of one-percent notification errors as a result
of the vendor’s technology. [2007 c 204 § 2.]
36.28A.0401
36.28A.0402 Statewide automated victim information and notification system—Department of corrections
data. The department of corrections is not required to provide any data to the Washington association of sheriffs and
police chiefs for the statewide automated victim information
and notification system as stated in RCW 36.28A.040, until
January 1, 2010. [2007 c 204 § 3.]
36.28A.0402
36.28A.050 Statewide city and county jail booking
and reporting system—Grant fund. (1) The Washington
association of sheriffs and police chiefs shall establish and
manage a local jail booking system grant fund. All federal or
state money collected to offset the costs associated with
RCW 36.28A.040(2) shall be processed through the grant
fund established by this section. The statewide jail booking
and reporting system standards committee established under
RCW 36.28A.040(4) shall distribute the grants in accordance
with any standards it develops.
(2) The Washington association of sheriffs and police
chiefs shall pursue federal funding to be placed into the local
jail booking system grant fund. [2000 c 3 § 2.]
36.28A.050
Contingent expiration date—2000 c 3: See note following RCW
36.28A.040.
36.28A.060 Statewide first responder building mapping information system—Creation—Data must be avail36.28A.060
[Title 36 RCW—page 60]
able to law enforcement, military, and fire safety agencies—Standards—Public disclosure exemption. (1) When
funded, the Washington association of sheriffs and police
chiefs shall create and operate a statewide first responder
building mapping information system.
(2) All state agencies and local governments must utilize
building mapping software that complies with the building
mapping software standards established under RCW
36.28A.070 for any building mapped for this purpose after
the statewide first responder building mapping information
system is operational. If, prior to creation of the statewide
building mapping information system, a local government
has utilized building mapping software standards established
under RCW 36.28A.070, the local government may continue
to use its own building mapping system unless the Washington association of sheriffs and police chiefs provides funding
to bring the local government’s system in compliance with
the standards established under RCW 36.28A.070.
(3) All state and local government-owned buildings that
are occupied by state or local government employees must be
mapped when funding is provided by the Washington association of sheriffs and police chiefs, or from other sources.
Nothing in chapter 102, Laws of 2003 requires any state
agency or local government to map a building unless the
entire cost of mapping the building is provided by the Washington association of sheriffs and police chiefs, or from other
sources.
(4) Once the statewide first responder building mapping
information system is operational, all state and local government buildings that are mapped must forward their building
mapping information data to the Washington association of
sheriffs and police chiefs. All participating privately, federally, and tribally owned buildings may voluntarily forward
their mapping and emergency information data to the Washington association of sheriffs and police chiefs. The Washington association of sheriffs and police chiefs may refuse
any building mapping information that does not comply with
the specifications described in RCW 36.28A.070.
(5) Consistent with the guidelines developed under
RCW 36.28A.070, the Washington association of sheriffs
and police chiefs shall electronically make the building mapping information available to all state, local, federal, and
tribal law enforcement agencies, the military department of
Washington state, and fire departments.
(6) Consistent with the guidelines developed under
RCW 36.28A.070, the Washington association of sheriffs
and police chiefs shall develop building mapping software
standards that must be used to participate in the statewide
first responder building mapping information system.
(7) The Washington association of sheriffs and police
chiefs shall pursue federal funds to:
(a) Create the statewide first responder building mapping
information system; and
(b) Develop grants for the mapping of all state and local
government buildings in the order determined under RCW
36.28A.070.
(8) All tactical and intelligence information provided to
the Washington association of sheriffs and police chiefs
under chapter 102, Laws of 2003 is exempt from public disclosure as provided in RCW 42.56.240. [2005 c 274 § 269;
2003 c 102 § 2.]
(2008 Ed.)
Association of Sheriffs and Police Chiefs
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Intent—2003 c 102: "The legislature recognizes the extreme dangers
present when the safety of our citizens requires first responders such as
police and firefighters to evacuate and secure a building. In an effort to prepare for responding to unintended disasters, criminal acts, and acts of terrorism, the legislature intends to create a statewide first responder building
mapping information system that will provide all first responders with the
information they need to be successful when disaster strikes. The first
responder building mapping system in this act is to be developed for a limited and specific purpose and is in no way to be construed as imposing standards or system requirements on any other mapping systems developed and
used for any other local government purposes." [2003 c 102 § 1.]
36.28A.070 Statewide first responder building mapping information system—Committee established—
Development of guidelines. (1) The Washington association of sheriffs and police chiefs in consultation with the
Washington state emergency management office, the Washington association of county officials, the Washington association of cities, the information services board, the Washington state fire chiefs’ association, and the Washington state
patrol shall convene a committee to establish guidelines
related to the statewide first responder building mapping
information system. The committee shall have the following
responsibilities:
(a) Develop the type of information to be included in the
statewide first responder building mapping information system. The information shall include, but is not limited to:
Floor plans, fire protection information, evacuation plans,
utility information, known hazards, and text and digital
images showing emergency personnel contact information;
(b) Develop building mapping software standards that
must be utilized by all entities participating in the statewide
first responder building mapping information system;
(c) Determine the order in which buildings shall be
mapped when funding is received;
(d) Develop guidelines on how the information shall be
made available. These guidelines shall include detailed procedures and security systems to ensure that the information is
only made available to the government entity that either owns
the building or is responding to an incident at the building;
(e) Recommend training guidelines regarding using the
statewide first responder building mapping information system to the criminal justice training commission and the
Washington state patrol fire protection bureau.
(2)(a) Nothing in this section supersedes the authority of
the information services board under chapter 43.105 RCW.
(b) Nothing in this section supersedes the authority of
state agencies and local governments to control and maintain
access to information within their independent systems.
[2003 c 102 § 3.]
36.28A.070
Intent—2003 c 102: See note following RCW 36.28A.060.
36.28A.080 Immunity from liability. Units of local
government and their employees, as provided in RCW
36.28A.010, are immune from civil liability for damages arising out of the creation and use of the statewide first responder
building mapping information system, unless it is shown that
an employee acted with gross negligence or bad faith. [2003
c 102 § 4.]
36.28A.080
Intent—2003 c 102: See note following RCW 36.28A.060.
(2008 Ed.)
36.28A.100
36.28A.090 Firearms certificates for qualified retired
law enforcement officers. (1) The purpose of this section is
to establish a process for issuing firearms certificates to residents of Washington who are qualified retired law enforcement officers for the purpose of satisfying the certification
requirements contained in the federal law enforcement officers safety act of 2004 (118 Stat. 865; 18 U.S.C. Sec. 926B
and 926C).
(2) The Washington association of sheriffs and police
chiefs shall develop a firearms certificate form to be used by
local law enforcement agencies when issuing firearms certificates to retired law enforcement officers under this section.
(3) A retired law enforcement officer who is a resident of
Washington may apply for a firearms certificate with a local
law enforcement agency. The local law enforcement agency
may issue the firearms certificate to a retired law enforcement
officer if the officer:
(a) Has been qualified or otherwise found to meet the
standards established by the criminal justice training commission for firearms qualifications for active law enforcement officers in the state; and
(b) Has undergone the same background check as
required under RCW 9.41.070 and is not ineligible to possess
a firearm under RCW 9.41.040 or 9.41.045.
(4) The qualification required under [subsection] (3)(a)
of this section may be performed by the local law enforcement agency or by an individual or entity certified to provide
firearms training.
(5) The firearms certificate is valid for a period of one
year. An applicant for the firearms certificate shall pay a fee
of thirty-six dollars, plus additional charges imposed by the
federal bureau of investigation that are passed on to the applicant. The fee shall be distributed in the same manner as the
fee for a concealed pistol license under RCW 9.41.070. The
retired law enforcement officer is also responsible for paying
the costs of the firearms qualification required under [subsection] (3)(a) of this section. [2006 c 40 § 1.]
36.28A.090
36.28A.100 Committee to improve administration of
missing person information—Protocol endorsement. The
Washington association of county officials, in consultation
with the Washington association of sheriffs and police chiefs,
the Washington association of coroners and medical examiners, the forensic investigations council, the Washington state
patrol, and other interested agencies and individuals, shall
convene a committee to coordinate the use of the latest technology and available science to improve reporting of missing
persons, to improve the communication within the state and
with national databases, to enhance the dissemination of
information to other agencies and the public, and to improve
reporting for missing persons and the collection and preservation of evidence.
Protocols for the investigation of reported missing persons, identification of human remains, and recommended
protocols for the reporting and identification of persons missing as the result of major events not limited to tsunami, earthquake, or acts of terrorism shall be endorsed by the groups
named in this section who shall then seek the voluntary adoption of the same by all local law enforcement agencies, coroners, medical examiners, and others charged with locating
36.28A.100
[Title 36 RCW—page 61]
36.28A.110
Title 36 RCW: Counties
missing persons or identifying human remains. [2006 c 102
§ 2.]
Finding—Intent—2006 c 102: "The legislature finds that there were
over forty-six thousand reports of persons missing nationwide and over five
hundred missing persons in the state of Washington. Major catastrophic
events in other parts of the United States this year have also emphasized that
identifying victims in mass disasters is often impossible, due to the deficiency in planning by communities and governments. It is the intent of this
act to build upon the research and findings of the Washington state missing
persons task force, assembled by the state attorney general in 2003, the
United States department of justice, and others to aid in recovery of missing
persons and the identification of human remains." [2006 c 102 § 1.]
36.28A.110 Missing persons information web site
creation. The Washington association of sheriffs and police
chiefs shall create and maintain a statewide web site, which
shall be available to the public. The web site shall post relevant information concerning persons reported missing in the
state of Washington. For missing persons, the web site shall
contain, but is not limited to: The person’s name, physical
description, photograph, and other information that is
deemed necessary according to the adopted protocols. This
web site shall allow citizens to more broadly disseminate
information regarding missing persons for at least thirty days.
[2007 c 10 § 3; 2006 c 102 § 4.]
36.28A.110
Intent—2007 c 10: See note following RCW 43.103.110.
Finding—Intent—2006 c 102: See note following RCW 36.28A.100.
36.28A.120 State patrol involvement with missing
persons systems—Local law enforcement procedures for
missing persons information. The Washington state patrol
shall establish an interface with local law enforcement and
the Washington association of sheriffs and police chiefs
missing persons web site, the toll-free twenty-four hour hotline, and national and other statewide missing persons systems or clearinghouses.
Local law enforcement agencies shall file an official
missing persons report and enter biographical information
into the state missing persons computerized network without
delay after notification of a missing person’s report is
received under this chapter. [2007 c 10 § 4; 2006 c 102 § 5.]
36.28A.120
Intent—2007 c 10: See note following RCW 43.103.110.
Finding—Intent—2006 c 102: See note following RCW 36.28A.100.
36.28A.130 Washington auto theft prevention
authority—Created. There is hereby created in the Washington association of sheriffs and police chiefs the Washington auto theft prevention authority which shall be under the
direction of the executive director of the Washington association of sheriffs and police chiefs. [2007 c 199 § 19.]
36.28A.130
Findings—Intent—Short title—2007 c 199: See notes following
RCW 9A.56.065.
36.28A.140 Development of model policy to address
property access during forest fires and wildfires. (1) The
Washington association of sheriffs and police chiefs shall
convene a model policy work group to develop a model policy for sheriffs regarding residents, landowners, and others in
lawful possession and control of land in the state during a forest fire or wildfire. The model policy must be designed in a
way that, first and foremost, protects life and safety during a
forest fire or wildfire. The model policy must include guid36.28A.140
[Title 36 RCW—page 62]
ance on allowing access, when safe and appropriate, to residents, landowners, and others in lawful possession and control of land in the state during a wildfire or forest fire. The
model policy must specifically address procedures to allow,
when safe and appropriate, residents, landowners, and others
in lawful possession and control of land in the state access to
their residences and land to:
(a) Conduct fire prevention or suppression activities;
(b) Protect or retrieve any property located in their residences or on their land, including equipment, livestock, or
any other belongings; or
(c) Undertake activities under both (a) and (b) of this
subsection.
(2) In developing the policy under subsection (1) of this
section, the association shall consult with appropriate stakeholders and government agencies. [2007 c 252 § 1.]
36.28A.200 Gang crime enforcement grant program.
(1) When funded, the Washington association of sheriffs and
police chiefs shall establish a grant program to assist local
law enforcement agencies in the support of special enforcement emphasis targeting gang crime. Grant applications shall
be reviewed and awarded through peer review panels. Grant
applicants are encouraged to utilize multijurisdictional
efforts.
(2) Each grant applicant shall:
(a) Show a significant gang problem in the jurisdiction or
jurisdictions receiving the grant;
(b) Verify that grant awards are sufficient to cover
increased investigation, prosecution, and jail costs;
(c) Design an enforcement program that best suits the
specific gang problem in the jurisdiction or jurisdictions
receiving the grant;
(d) Demonstrate community coordination focusing on
prevention, intervention, and suppression; and
(e) Collect data on performance pursuant to RCW
36.28A.220.
(3) The cost of administering the grants shall not exceed
sixty thousand dollars, or four percent of appropriated funding, whichever is greater. [2008 c 276 § 101.]
36.28A.200
Severability—2008 c 276: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2008 c 276 § 701.]
Part headings, subheadings not law—2008 c 276: "Part headings and
subheadings used in this act are not any part of the law." [2008 c 276 § 702.]
36.28A.210 Graffiti and tagging abatement grant
program. (1) When funded, the Washington association of
sheriffs and police chiefs shall establish a grant program to
assist local law enforcement agencies in the support of graffiti and tagging abatement programs located in local communities. Grant applicants are encouraged to utilize multijurisdictional efforts.
(2) Each graffiti or tagging abatement grant applicant
shall:
(a) Demonstrate that a significant gang problem exists in
the jurisdiction or jurisdictions receiving the grant;
(b) Show how the funds will be used to dispose or eliminate any current or ongoing tagging or graffiti within a specified time period;
36.28A.210
(2008 Ed.)
County Treasurer
(c) Specify how the funds will be used to reduce gangrelated graffiti or tagging within its community;
(d) Show how the local citizens and business owners of
the community will benefit from the proposed graffiti or tagging abatement process being presented in the grant application; and
(e) Collect data on performance pursuant to RCW
36.28A.220.
(3) The cost of administering the grants shall not exceed
twenty-five thousand dollars, or four percent of funding,
whichever is greater. [2008 c 276 § 102.]
Severability—Part headings, subheadings not law—2008 c 276: See
notes following RCW 36.28A.200.
36.28A.220 Grant programs—Effectiveness evaluations. For the grant programs created in RCW 36.28A.200
and 36.28A.210 and within the funds provided for these programs, the Washington association of sheriffs and police
chiefs shall, upon consultation with the Washington state
institute for public policy, identify performance measures,
periodic reporting requirements, data needs, and a framework
for evaluating the effectiveness of grant programs in graffiti
and tagging abatement and reducing gang crime. [2008 c 276
§ 103.]
36.28A.220
Severability—Part headings, subheadings not law—2008 c 276: See
notes following RCW 36.28A.200.
Chapter 36.29
Chapter 36.29 RCW
COUNTY TREASURER
Sections
36.29.010
36.29.020
36.29.022
36.29.024
36.29.025
36.29.040
36.29.050
36.29.060
36.29.090
36.29.100
36.29.110
36.29.120
36.29.130
36.29.160
36.29.170
36.29.180
36.29.190
36.29.200
General duties.
Custodian of moneys—Investment of funds not required for
immediate expenditures—Service fee.
Combining of moneys for investment.
Investment expenses.
Official seal.
Interest on unpaid warrants.
Interest to be entered on warrant register.
Warrant calls—Penalty for failure to call.
Suspension of treasurer.
Ex officio collector of first-class city taxes.
City taxes.
Ex officio collector of other city taxes.
Duty to collect taxes.
Segregation and collection of specified assessments and
charges made by public utility districts, water-sewer districts, or the county—Fee.
Office at county seat.
Fees for handling, collecting, dispersing, and accounting for
special assessments, fees, rates, or charges.
Acceptance of payment by credit cards, charge cards, and
other electronic communications authorized—Costs borne
by payer—Exception.
Collection of sales and use taxes for zoo and aquarium advisory authority.
Deeds issued by, limitation on actions against: RCW 4.16.090.
Department of revenue to advise: RCW 84.08.020.
Deposit of public funds with: State Constitution Art. 11 § 15.
Duties relating to
assessment and charges against state lands (local purposes): Chapter
79.44 RCW.
bailiff’s salary: RCW 2.32.370.
bonds, form, sale, etc.: RCW 39.44.130.
cemetery districts: Chapter 68.52 RCW.
cities and towns
agreements with county for planning, construction, etc., of streets:
RCW 35.77.030.
annexation of unincorporated areas: Chapter 35.13 RCW.
(2008 Ed.)
Chapter 36.29
disincorporation of: Chapter 35.07 RCW.
incorporation of: Chapter 35.02 RCW.
unfit buildings, structures, or premises, proceedings to abate: RCW
35.80.030.
community college fees: Chapter 28B.15 RCW.
county and city tuberculosis hospital: Chapter 70.30 RCW.
county law library fund: RCW 27.24.070.
county road fund
illegal use of: RCW 47.08.100.
penalty: RCW 47.08.110.
county superintendent of schools of joint county district, funds for: Chapter 28A.310 RCW.
court reporter compensation, traveling expenses: RCW 2.32.210.
damage done by dogs: Chapter 16.08 RCW.
dances, licensing of: Chapter 67.12 RCW.
diking and drainage, intercounty districts: Chapter 85.24 RCW.
diking districts: Chapter 85.05 RCW.
reorganization of (1917 act): Chapter 85.20 RCW.
diking, drainage or sewerage improvement districts: Chapter 85.08 RCW.
federal aid to: Chapter 85.12 RCW.
maintenance costs and levies: Chapter 85.16 RCW.
diking, drainage district benefits to roads, how paid: RCW 85.07.040,
85.07.050.
disinfection of horticultural premises: Chapter 15.08 RCW.
district court income: Chapter 3.62 RCW.
district courts and other courts of limited jurisdiction: Chapters 3.30,
3.34, 3.38, 3.42, 3.46, 3.50, 3.54, 3.58, 3.62, 3.66, 3.70, 3.74 RCW.
dogs: Chapter 16.08 RCW.
drainage districts: Chapter 85.06 RCW.
revenue act: Chapter 85.32 RCW.
fire protection district: Chapter 52.16 RCW.
local improvement districts: Chapter 52.20 RCW.
flood control by counties jointly: Chapter 86.13 RCW.
flood control districts (1937 act): Chapter 86.09 RCW.
flood control zone districts: Chapter 86.15 RCW.
forest insect and disease control: Chapter 76.06 RCW.
forest rehabilitation: Chapter 76.14 RCW.
funding indebtedness of counties: Chapter 39.52 RCW.
health districts: Chapter 70.46 RCW.
hospital districts: Chapter 70.44 RCW.
industrial development districts: Chapter 53.25 RCW.
intercounty rural library district: Chapter 27.12 RCW.
intercounty weed districts: Chapter 17.06 RCW.
irrigation districts
dissolution of insolvent districts: Chapter 87.56 RCW.
generally: Chapter 87.03 RCW.
joint control of: Chapter 87.80 RCW.
refunding bonds (1923 act): Chapter 87.19 RCW.
refunding bonds (1929 act): Chapter 87.22 RCW.
revenue bonds on domestic water or power service: Chapter 87.28
RCW.
under contract with United States: Chapter 87.68 RCW.
island counties, refund of vehicle license and fuel tax fees: RCW
46.68.080.
lien for transportation, storage, advancements, etc.: Chapter 60.60 RCW.
lien foreclosure: Chapter 84.64 RCW.
liquor, billiard tables, bowling alleys, licensing of use, sale of: Chapter
67.14 RCW.
metropolitan municipal corporations: Chapter 35.58 RCW.
local improvement districts: RCW 35.58.500.
metropolitan park district bonds: Chapter 35.61 RCW.
mobile home or park model trailer movement permits and decals: RCW
46.44.170, 46.44.173.
mosquito control districts: Chapter 17.28 RCW.
municipal courts: Chapter 35.20 RCW.
pest districts: Chapter 17.12 RCW.
port districts
acquisition of property by: Chapter 53.08 RCW.
dissolution of: Chapter 53.48 RCW.
finances of: Chapter 53.36 RCW.
local improvement districts: RCW 53.08.050.
public health pooling fund: RCW 70.12.030 through 70.12.070.
public lands, sales and lease of, treasurer to perform auditors duties in
certain counties: RCW 79.02.090.
public utility districts
local improvement assessment delinquency: Chapter 54.24 RCW.
[Title 36 RCW—page 63]
36.29.010
Title 36 RCW: Counties
privilege tax, distribution of: Chapter 54.28 RCW.
public waterway district: Chapter 91.08 RCW.
public works, treasurer to require statement of hourly wage paid: RCW
39.12.040.
reclamation districts of one million acres: Chapter 89.30 RCW.
recording of town plats, generally: Chapter 58.08 RCW.
reforestation: Chapter 79.22 RCW and RCW 79.64.100.
regional libraries: RCW 27.12.080.
registration of land titles: Chapter 65.12 RCW.
river and harbor improvement districts: Chapter 88.32 RCW.
rural county library district: Chapter 27.12 RCW.
school districts
bonds: Chapter 28A.530 RCW.
funds, investment by: RCW 28A.320.320.
organization: Chapter 28A.315 RCW.
first class, signing of warrants by: RCW 28A.330.080.
validation of indebtedness: Chapter 28A.535 RCW.
warrants of: Chapter 28A.350 RCW.
school funds: Chapter 28A.545 RCW.
stock restricted areas: Chapter 16.24 RCW.
tax liens, foreclosure of when city or town L.I.D. assessments on: RCW
35.49.130 through 35.49.160.
taxes
excise tax on real estate sales: Chapter 82.45 RCW.
transportation vehicle fund: RCW 28A.160.130.
property
collection of: Chapter 84.56 RCW.
lien foreclosure: Chapter 84.64 RCW.
lien of: Chapter 84.60 RCW.
listing of: Chapter 84.40 RCW.
recovery: Chapter 84.68 RCW.
teachers’ certification fees: RCW 28A.410.060.
townsites on United States lands, acquisition of land by inhabitants:
Chapter 58.28 RCW.
traffic schools: Chapter 46.83 RCW.
trespass by animals, sale of for damages: Chapter 16.04 RCW.
water-sewer districts
generally: Title 57 RCW.
local improvement districts: Chapter 57.16 RCW.
local improvement guaranty fund: RCW 57.20.030.
maintenance fund, special funds: RCW 57.20.140.
weed districts: Chapter 17.04 RCW.
Flood control districts (1937 act), treasurer as ex officio district treasurer:
RCW 86.09.313.
Intercounty weed district, treasurer as ex officio treasurer of: RCW
17.06.060.
Irrigation districts
generally, treasurer as ex officio treasurer: RCW 87.03.440.
refunding bonds (1929 act), payable at office of: RCW 87.22.165.
Misappropriation by: RCW 42.20.090.
Public depositaries—Deposit and investment of public funds: Chapter 39.58
RCW.
Public utility districts, treasurer as ex officio treasurer of: RCW 54.24.010.
Reclamation districts of one million acres
treasurer as ex officio treasurer: RCW 89.30.310.
treasurer may act as district secretary: RCW 89.30.625.
treasurer’s liability: RCW 89.30.313.
Recording of town plats, proceedings for violations brought in name of treasurer: RCW 58.08.035.
School districts, treasurer as ex officio treasurer of: RCW 28A.510.270.
Taxes, property, penalty for nonperformance of duty: RCW 84.09.040.
Taxes and assessments, prepayment and deposit of: RCW 36.32.120.
Unclaimed money and property in hands of public authority, disposition:
RCW 63.29.130.
Vehicle licensing handling fee to go to: RCW 46.01.140.
Violations bureau moneys remitted to: RCW 3.30.090.
Water-sewer districts, bonds, payment of interest: RCW 57.20.130.
Weed district, treasurer as ex officio treasurer of: RCW 17.04.250.
36.29.010 General duties. The county treasurer:
36.29.010
[Title 36 RCW—page 64]
(1) Shall receive all money due the county and disburse
it on warrants issued and attested by the county auditor and
electronic funds transfer under RCW 39.58.750 as attested by
the county auditor;
(2) Shall issue a receipt in duplicate for all money
received other than taxes; the treasurer shall deliver immediately to the person making the payment the original receipt
and the duplicate shall be retained by the treasurer;
(3) Shall affix on the face of all paid warrants the date of
redemption or, in the case of proper contract between the
treasurer and a qualified public depositary, the treasurer may
consider the date affixed by the financial institution as the
date of redemption;
(4) Shall endorse, before the date of issue by the county
or by any taxing district for whom the county treasurer acts as
treasurer, on the face of all warrants for which there are not
sufficient funds for payment, "interest bearing warrant."
When there are funds to redeem outstanding warrants, the
county treasurer shall give notice:
(a) By publication in a legal newspaper published or circulated in the county; or
(b) By posting at three public places in the county if there
is no such newspaper; or
(c) By notification to the financial institution holding the
warrant;
(5) Shall pay interest on all interest-bearing warrants
from the date of issue to the date of notification;
(6) Shall maintain financial records reflecting receipts
and disbursement by fund in accordance with generally
accepted accounting principles;
(7) Shall account for and pay all bonded indebtedness for
the county and all special districts for which the county treasurer acts as treasurer;
(8) Shall invest all funds of the county or any special district in the treasurer’s custody, not needed for immediate
expenditure, in a manner consistent with appropriate statutes.
If cash is needed to redeem warrants issued from any fund in
the custody of the treasurer, the treasurer shall liquidate
investments in an amount sufficient to cover such warrant
redemptions; and
(9) May provide certain collection services for county
departments.
The treasurer, at the expiration of the term of office, shall
make a complete settlement with the county legislative
authority, and shall deliver to the successor all public money,
books, and papers in the treasurer’s possession.
Money received by all entities for whom the county treasurer serves as treasurer must be deposited within twentyfour hours in an account designated by the county treasurer
unless a waiver is granted by the county treasurer in accordance with RCW 43.09.240. [2005 c 502 § 2; 2002 c 168 §
4; 2001 c 299 § 4; 1998 c 106 § 3; 1995 c 38 § 4; 1994 c 301
§ 7; 1991 c 245 § 4; 1963 c 4 § 36.29.010. Prior: (i) 1893 c
104 § 1; Code 1881 § 2740; 1863 p 553 § 3; 1854 p 427 § 3;
RRS § 4109. (ii) Code 1881 § 2742; 1863 p 553 § 5; 1854 p
427 § 5; RRS § 4110. (iii) Code 1881 § 2743; 1863 p 553 §
6; 1854 p 427 § 6; RRS § 4111. (iv) 1895 c 73 § 4; Code
1881 § 2744; 1863 p 553 § 7; 1854 p 427 § 7; RRS § 4113.
(v) Code 1881 § 2745; 1863 p 553 § 8; RRS § 4114. (vi)
1893 c 104 § 3; Code 1881 § 2748; 1863 p 554 § 11; 1854 p
428 § 11; RRS § 4120. (vii) Code 1881 § 2750; 1863 p 554
(2008 Ed.)
County Treasurer
§ 13; 1854 p 428 § 13; RRS § 4121. (viii) 1895 c 73 § 3; RRS
§ 4122.]
Effective date—2005 c 502: See note following RCW 1.12.070.
Acts of municipal officers ratified and confirmed—1995 c 38: See
note following RCW 3.02.045.
36.29.020 Custodian of moneys—Investment of
funds not required for immediate expenditures—Service
fee. The county treasurer shall keep all moneys belonging to
the state, or to any county, in his or her own possession until
disbursed according to law. The county treasurer shall not
place the same in the possession of any person to be used for
any purpose; nor shall he or she loan or in any manner use or
permit any person to use the same; but it shall be lawful for a
county treasurer to deposit any such moneys in any regularly
designated qualified public depositary. Any municipal corporation may by action of its governing body authorize any of
its funds which are not required for immediate expenditure,
and which are in the custody of the county treasurer or other
municipal corporation treasurer, to be invested by such treasurer. The county treasurer may invest in savings or time
accounts in designated qualified public depositaries or in certificates, notes, or bonds of the United States, or other obligations of the United States or its agencies, or of any corporation wholly owned by the government of the United States; in
bankers’ acceptances purchased on the secondary market, in
federal home loan bank notes and bonds, federal land bank
bonds and federal national mortgage association notes,
debentures and guaranteed certificates of participation, or the
obligations of any other government sponsored corporation
whose obligations are or may become eligible as collateral
for advances to member banks as determined by the board of
governors of the federal reserve system or deposit such funds
or any portion thereof in investment deposits as defined in
RCW 39.58.010 secured by collateral in accordance with the
provisions of chapters 39.58 and 39.59 RCW: PROVIDED,
Five percent of the earnings, with an annual maximum of
fifty dollars, on each transaction authorized by the governing
body shall be paid as an investment service fee to the office
of the county treasurer or other municipal corporation treasurer when the earnings become available to the governing
body: PROVIDED FURTHER, That if such investment service fee amounts to five dollars or less the county treasurer or
other municipal corporation treasurer may waive such fee.
If in the judgment of the governing body of the municipal corporation or the county treasurer it is necessary to
redeem or to sell any of the purchased securities before their
ultimate maturity date, the governing body may, by resolution, direct the county treasurer pursuant to RCW
36.29.010(8) to cause such redemption to be had at the
redemption value of the securities or to sell the securities at
not less than market value and accrued interest.
Whenever the funds of any municipal corporation which
are not required for immediate expenditure are in the custody
or control of the county treasurer, and the governing body of
such municipal corporation has not taken any action pertaining to the investment of any such funds, the county finance
committee shall direct the county treasurer, under the investment policy of the county finance committee, to invest, to the
maximum prudent extent, such funds or any portion thereof
in savings or time accounts in designated qualified public
36.29.020
(2008 Ed.)
36.29.025
depositaries or in certificates, notes, or bonds of the United
States, or other obligations of the United States or its agencies, or of any corporation wholly owned by the government
of the United States, in bankers’ acceptances purchased on
the secondary market, in federal home loan bank notes and
bonds, federal land bank bonds and federal national mortgage
association notes, debentures and guaranteed certificates of
participation, or the obligations of any other government
sponsored corporation whose obligations are or may become
eligible as collateral for advances to member banks as determined by the board of governors of the federal reserve system
or deposit such funds or any portion thereof in investment
deposits as defined in RCW 39.58.010 secured by collateral
in accordance with the provisions of chapters 39.58 and
39.59 RCW: PROVIDED, That the county treasurer shall
have the power to select the specific qualified financial institution in which the funds may be invested. The interest or
other earnings from such investments or deposits shall be
deposited in the current expense fund of the county and may
be used for general county purposes. The investment or
deposit and disposition of the interest or other earnings therefrom authorized by this paragraph shall not apply to such
funds as may be prohibited by the state Constitution from
being so invested or deposited. [1999 c 18 § 4; 1997 c 393 §
4; 1991 c 245 § 5; 1984 c 177 § 7; 1982 c 73 § 1; 1980 c 56 §
1; 1979 c 57 § 1; 1973 1st ex.s. c 140 § 1; 1969 ex.s. c 193 §
26; 1967 c 173 § 1; 1965 c 111 § 2; 1963 c 4 § 36.29.020.
Prior: 1961 c 254 § 1; 1895 c 73 § 1; RRS § 4112.]
Construction—Severability—1969 ex.s. c 193: See notes following
RCW 39.58.010.
Liability of treasurers for losses on public deposits: RCW 39.58.140.
Public depositaries: Chapter 39.58 RCW.
36.29.022 Combining of moneys for investment.
Upon the request of one or several units of local government
that invest their money with the county under the provisions
of RCW 36.29.020, the treasurer of that county may combine
those units’ moneys for the purposes of investment. [1986 c
294 § 11.]
36.29.022
36.29.024 Investment expenses. The county treasurer
may deduct the amounts necessary to reimburse the treasurer’s office for the actual expenses the office incurs and to
repay any county funds appropriated and expended for the
initial administrative costs of establishing a county investment pool provided in RCW 36.29.022. These funds shall be
used by the county treasurer as a revolving fund to defray the
cost of administering the pool without regard to budget limitations. Any credits or payments to political subdivisions
shall be calculated and made in a manner which equitably
reflects the differing amounts of the political subdivision’s
respective deposits in the county investment pool and the differing periods of time for which the amounts were placed in
the county investment pool. [2004 c 79 § 3; 1988 c 281 § 5.]
36.29.024
Severability—1988 c 281: See RCW 39.59.900.
36.29.025 Official seal. The county treasurer in each of
the organized counties of the state of Washington, shall be by
his county provided with a seal of office for the authentication of all tax deeds, papers, writing and documents required
36.29.025
[Title 36 RCW—page 65]
36.29.040
Title 36 RCW: Counties
by law to be certified or authenticated by him. Such seal shall
bear the device of crosskeys and the words: Official Seal
Treasurer . . . . . . County, Washington; and an imprint of
such seal, together with the certificate of the county treasurer
that such seal has been regularly adopted, shall be filed in the
office of the county auditor of such county. [1963 c 4 §
36.29.025. Prior: 1903 c 15 § 1; RRS § 4125.]
such city or other authority thereof by whom the bond of the
city treasurer is required to be approved. All special assessments and special taxation for local improvements assessed
on property benefited shall be collected by the city treasurer.
[2001 c 299 § 7; 1963 c 4 § 36.29.100. Prior: 1895 c 160 § 1;
1893 c 71 § 4; RRS § 11321.]
36.29.040 Interest on unpaid warrants. All county,
school, city and town warrants, and taxing district warrants
when not otherwise provided for by law, shall be paid according to their number, date and issue, and when not paid upon
presentation shall draw interest from the date of their presentation to the proper treasurers or from the date the warrants
were originally issued, as determined by the proper treasurer.
No compound interest shall be paid directly or indirectly on
any such warrants. [1980 c 100 § 3; 1963 c 4 § 36.29.040.
Prior: 1893 c 48 § 1, part; RRS § 4116, part.]
36.29.110 City taxes. All city taxes and earnings on
such taxes, as provided for in RCW 36.29.020, collected during the month shall be remitted to the city by the county treasurer on or before the tenth day of the following month. The
county treasurer shall submit a statement of taxes collected
with such remittance. To facilitate the investment of collected
taxes, the treasurer may invest as provided for in RCW
36.29.020 without the necessity of the cities specifically
requesting combining funds for the purposes of investment.
[1991 c 245 § 7; 1963 c 4 § 36.29.110. Prior: 1905 c 157 § 1;
1895 c 160 § 2; 1893 c 71 § 5; RRS § 11322.]
36.29.050 Interest to be entered on warrant register.
When the county treasurer redeems any warrant on which
interest is due, the treasurer shall enter on the warrant register
account the amount of interest paid, distinct from the principal. [2001 c 299 § 5; 1969 ex.s. c 48 § 1; 1963 c 4 §
36.29.050. Prior: Code 1881 § 2746; 1863 p 554 § 9; 1854 p
427 § 9; RRS § 4117.]
36.29.120 Ex officio collector of other city taxes. For
the purpose of collection of all taxes levied for cities and
towns of other than the first class, the county treasurer of the
county wherein such city or town is situated shall be ex officio tax collector. [1963 c 4 § 36.29.120. Prior: 1893 c 72 §
3; RRS § 11330.]
36.29.110
36.29.040
36.29.050
36.29.120
36.29.130 Duty to collect taxes. The county treasurer,
upon receipt of the tax roll, shall proceed to collect and
receipt for the municipal taxes extended thereon at the same
time and in the same manner as he proceeds in the collection
of other taxes on such roll. [1963 c 4 § 36.29.130. Prior:
1893 c 72 § 7; RRS § 11334.]
36.29.130
36.29.060 Warrant calls—Penalty for failure to call.
(1) Whenever the county treasurer has funds belonging to any
fund upon which "interest-bearing" warrants are outstanding,
the treasurer shall have the discretion to call warrants. The
county treasurer shall give notice as provided for in RCW
36.29.010(4). The treasurer shall pay on demand, in the order
of their issue, any warrants when there shall be in the treasury
sufficient funds applicable to such payment.
(2) Any treasurer who knowingly fails to call for or pay
any warrant in accordance with this section is guilty of a misdemeanor and shall be fined not less than twenty-five dollars
nor more than five hundred dollars, and such conviction shall
be sufficient cause for removal from office. [2003 c 53 §
203; 1991 c 245 § 6; 1985 c 469 § 44; 1980 c 100 § 4; 1963 c
4 § 36.29.060. Prior: 1895 c 152 § 1, part; RRS § 4118, part.]
36.29.060
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
36.29.090 Suspension of treasurer. Whenever an
action based upon official misconduct is commenced against
any county treasurer the county commissioners may suspend
the treasurer from office until such suit is determined, and
may appoint some person to fill the vacancy. [2001 c 299 §
6; 1963 c 4 § 36.29.090. Prior: 1895 c 73 § 2; Code 1881 §
2749; 1863 p 554 § 12; 1854 p 428 § 12; RRS § 4124.]
36.29.090
36.29.100 Ex officio collector of first-class city taxes.
The county treasurer of each county in which there is a city of
the first class is ex officio collector of city taxes of such city,
and before entering upon the duties of office the treasurer
shall execute in favor of the city and file with the clerk
thereof a good and sufficient bond, the penal sum to be fixed
by the city council, such bond to be approved by the mayor of
36.29.100
[Title 36 RCW—page 66]
36.29.160 Segregation and collection of specified
assessments and charges made by public utility districts,
water-sewer districts, or the county—Fee. The county
treasurer shall make segregation, collect, and receive from
any owner or owners of any subdivision or portion of any lot,
tract or parcel of land upon which assessments or charges
have been made or may be made by public utility districts,
water-sewer districts, or the county, under the terms of Title
54 RCW, Title 57 RCW, or chapter 36.88, 36.89, or 36.94
RCW, such portion of the assessments or charges levied or to
be levied against such lot, tract or parcel of land in payment
of such assessment or charges as the board of commissioners
of the public utility district, the water-sewer district commissioners or the board of county commissioners, respectively,
shall certify to be chargeable to such subdivision, which certificate shall state that such property as segregated is sufficient security for the assessment or charges. Upon making
collection upon any such subdivision the county treasurer
shall note such payment upon the records of the office of the
treasurer and give receipt therefor. When a segregation is
required, a certified copy of the resolution shall be delivered
to the treasurer of the county in which the real property is
located who shall proceed to make the segregation ordered
upon being tendered a fee of three dollars for each tract of
land for which a segregation is to be made. [2001 c 299 § 8;
1998 c 106 § 4; 1996 c 230 § 1607; 1963 c 4 § 36.29.160.
Prior: 1959 c 142 § 2; 1953 c 210 § 1.]
36.29.160
(2008 Ed.)
County Commissioners
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
36.29.170 Office at county seat. The county treasurer
shall keep the office of the treasurer at the county seat, and
shall keep the same open for transaction of business during
business hours; and the treasurer and the treasurer’s deputy
are authorized to administer all oaths necessary in the discharge of the duties of the office. [2001 c 299 § 9; 1963 c 4
§ 36.29.170. Prior: Code 1881 § 2742; 1863 p 553 § 5; 1854
p 427 § 5; RRS § 4110.]
36.29.170
36.29.180 Fees for handling, collecting, dispersing,
and accounting for special assessments, fees, rates, or
charges. The county treasurer, in all instances where
required by law to handle, collect, disburse, and account for
special assessments, fees, rates, or charges within the county,
may charge and collect a fee for services not to exceed four
dollars per parcel for each year in which the funds are collected. Such charges for services shall be based upon costs
incurred by the treasurer in handling, collecting, disbursing,
and accounting for the funds.
Such fees shall be a charge against the district and shall
be credited to the county current expense fund by the county
treasurer. [1991 c 245 § 8; 1963 c 4 § 36.29.180. Prior: 1961
c 270 § 1.]
36.29.180
36.29.190 Acceptance of payment by credit cards,
charge cards, and other electronic communications
authorized—Costs borne by payer—Exception. County
treasurers are authorized to accept credit cards, charge cards,
debit cards, smart cards, stored value cards, federal wire, and
automatic clearinghouse system transactions, or other electronic communication, for any payment of any kind including, but not limited to, taxes, fines, interest, penalties, special
assessments, fees, rates, charges, or moneys due counties. A
payer desiring to pay by a credit card, charge card, debit card,
smart card, stored value card, federal wire, automatic clearinghouse system, or other electronic communication shall
bear the cost of processing the transaction in an amount determined by the treasurer, unless the county legislative authority
or the legislative authority of a district where the county treasurer serves as ex officio treasurer finds that it is in the best
interests of the county or district to not charge transaction
processing costs for all payment transactions made for a specific category of nontax payments received by the county
treasurer, including, but not limited to, fines, interest not
associated with taxes, penalties not associated with taxes,
special assessments, fees, rates, and charges. The treasurer’s
cost determination shall be based upon costs incurred by the
treasurer and may not, in any event, exceed the additional
direct costs incurred by the county to accept the specific form
of payment utilized by the payer. [2003 c 23 § 8; 1997 c 393
§ 19; 1996 c 153 § 3.]
36.29.190
Applicability—1996 c 153: See note following RCW 84.56.020.
36.29.200 Collection of sales and use taxes for zoo
and aquarium advisory authority. The county treasurer or,
in the case of a home rule county, the county official designated by county charter and ordinance as the official with
custody over the collection of county-wide tax revenues,
36.29.200
(2008 Ed.)
Chapter 36.32
shall receive all money representing revenues from taxes
authorized under RCW 82.14.400, and shall disburse such
money to the authority established in RCW 36.01.190. [1999
c 104 § 2.]
Chapter 36.32
Chapter 36.32 RCW
COUNTY COMMISSIONERS
Sections
36.32.005
36.32.010
36.32.020
36.32.030
36.32.040
36.32.050
36.32.055
36.32.0552
36.32.0554
36.32.0556
36.32.0558
36.32.060
36.32.070
36.32.080
36.32.090
36.32.100
36.32.110
36.32.120
36.32.121
36.32.122
36.32.125
36.32.127
36.32.130
36.32.135
36.32.140
36.32.150
36.32.155
36.32.160
36.32.170
36.32.200
36.32.210
36.32.235
36.32.240
36.32.245
36.32.250
36.32.253
36.32.256
36.32.260
36.32.265
36.32.270
36.32.280
36.32.290
36.32.300
36.32.310
36.32.330
36.32.335
36.32.340
36.32.350
36.32.360
36.32.370
"County commissioners" defined.
Board of commissioners established—Quorum.
Commissioner districts.
Terms of commissioners.
Nomination by districts.
Elected by entire county.
Five-member commission—When authorized—Ballot proposition—Petition—Procedures.
Five-member commission—Newly created positions—How
filled—County divided into five districts.
Five-member commission—Newly created positions—Terms
of initially elected commissioners.
Five-member commissions—Four-year terms—Nominations
by districts—Elected by entire county—Quorum.
Five-member commissions—Vacancies.
Conditions of official bond.
Vacancies on board.
Regular meetings.
Special meetings.
Chairman of board—Election, powers.
Clerk of board.
Powers of legislative authorities.
Community revitalization financing—Public improvements.
Authority to regulate massage practitioners—Limitations.
Adoption of certain regulations proscribed.
Driving while under the influence of liquor or drugs—Minimum penalties.
Postponement of action.
Official seal.
Record of proceedings.
Transcribing mutilated records.
Transcribing mutilated records—Prior transcribing validated.
Transcribing mutilated records—Auditor to direct transcribing, certify.
Transcribing mutilated records—Original records to be preserved.
Special attorneys, employment of.
Inventory of county capitalized assets—County commission
inventory statement—Filing and public inspection—Penalty—Prosecutions—Taxpayer’s action.
Competitive bids—Purchasing department—Counties with a
population of one million or more—Public works procedures—Exceptions.
Competitive bids—Purchasing department—Counties with a
population of less than one million.
Competitive bids—Requirements—Advertisements—Exceptions.
Competitive bids—Contract procedure—Contracts under ten
thousand dollars—Small works roster process.
Competitive bids—Leases of personal property.
Competitive bids—Multiple awards for road maintenance
materials.
Competitive bids—Purchasing agent.
Competitive bids—Inapplicability to certain agreements relating to water pollution control, solid waste handling facilities.
Competitive bids—Exemptions.
Regulation of watercourses.
Regulation of watercourses—Removal of obstructions.
Regulation of watercourses—Trees may be removed from
river banks.
Compensation for extra services.
Appeals from board’s action.
Coordination of county administrative programs—Legislative
declaration.
Coordination of county administrative programs—Duties incident to.
Coordination of county administrative programs—Coordinating agency—Agency reimbursement.
Coordination of county administrative programs—Attendance
at conventions authorized.
Land surveys.
[Title 36 RCW—page 67]
Chapter 36.32
36.32.380
36.32.390
36.32.400
36.32.410
36.32.415
36.32.420
36.32.425
36.32.430
36.32.435
36.32.440
36.32.450
36.32.460
36.32.470
36.32.475
36.32.480
36.32.490
36.32.510
36.32.520
36.32.525
36.32.540
36.32.550
36.32.560
36.32.570
36.32.580
36.32.590
36.32.600
36.32.610
36.32.620
Title 36 RCW: Counties
Land surveys—Record of surveys.
Nonmonthly employees, vacations and sick leaves.
Health care and group insurance.
Participation in Economic Opportunity Act programs.
Low-income housing—Loans and grants.
Youth agencies—Establishment authorized.
Juvenile curfews.
Parks, may designate name of.
Historic preservation—Authorization to acquire property, borrow money, issue bonds, etc.
Staff to aid in purchasing, poverty programs, parks, emergency
services, budget, etc., authorized.
Tourist promotion.
Employee safety award programs.
Fire protection, ambulance or other emergency services provided by municipal corporations within county—Financial
and other assistance authorized.
Regulation of automatic number or location identification—
Prohibited.
Emergency medical service districts—Creation authorized—
Composition of governing body.
County freeholders—Method of filling vacancies.
Right-of-way donations—Credit against required improvements.
Child care facilities—Review of need and demand—Adoption
of ordinances.
Conditional and special use permit applications by parties
licensed or certified by the department of social and health
services or the department of corrections—Mediation prior
to appeal required.
Settlement of Indian claims.
Conformance with chapter 43.97 RCW required.
Home rule charter counties—Residential care facilities—
Review of need and demand—Adoption of ordinances.
Conservation area acquisition and maintenance.
Home rule charter counties subject to limitations on moratoria,
interim zoning controls.
Building construction projects—County prohibited from
requiring state agencies or local governments to provide
bond or other security as a condition for issuance of permit.
Amateur radio antennas—Local regulation to conform with
federal law.
Library capital facility areas authorized.
Abandoned or derelict vessels.
Air pollution control
advisory council, commissioner as member: RCW 70.94.240.
district, commissioner as member: RCW 70.94.100.
Board of law library trustees, commissioner as member: RCW 27.24.020.
Canvassing board, commissioner as member: RCW 39.40.030.
Cemeteries and funeral facilities, acquisition and operation of: Chapter
68.52 RCW.
Certified transcripts of commissioner meetings as evidence: RCW 5.44.070.
Continuity of government act, effect as to: RCW 42.14.040, 42.14.070.
County board of equalization, commissioners as: Chapter 84.48 RCW.
County board of health, commissioners as members of: RCW 70.05.030.
County canvassing board, commissioner as member: RCW 29A.60.160.
County health boards, commissioners as, duties: Chapter 70.05 RCW.
District court districting committee, commissioner as member of: RCW
3.38.010.
Duties relating to
air pollution control districts: Chapter 70.94 RCW.
assessor’s plats: RCW 58.18.010.
bailiffs of the superior court: RCW 2.32.360.
basic juvenile court act: Chapter 13.04 RCW.
billiard table, pigeon-hole table: RCW 67.14.050.
bonds of public officers: Chapter 42.08 RCW.
bowling alleys: RCW 67.14.050.
cemetery districts: Chapter 68.52 RCW.
cities and towns
advancement of classification: Chapter 35.06 RCW.
agreements on planning, establishing, construction, etc., of streets:
Chapter 35.77 RCW.
annexation of unincorporated areas: Chapter 35.13 RCW.
county aid on street construction, etc.: RCW 47.24.050.
disincorporation of: Chapter 35.07 RCW.
erection of drawbridges in: Chapter 35.74 RCW.
[Title 36 RCW—page 68]
general indebtedness bonds, county tax levy to pay: RCW 35.37.120.
incorporation proceedings: Chapter 35.02 RCW.
L.I.D. assessments of county property: RCW 35.44.140, 35.49.070.
civil service for sheriff’s office: Chapter 41.14 RCW.
combined city-county health department: Chapter 70.08 RCW.
county airport districts: Chapter 14.08 RCW.
county and city tuberculosis hospitals: Chapter 70.30 RCW.
county flood control: Chapter 86.12 RCW.
county road fund, illegal use of: RCW 47.08.100.
penalty: RCW 47.08.110.
county road projects if let to department of transportation where matching
funds: RCW 47.08.080.
county superintendent of schools: Chapter 28A.310 RCW.
county teachers’ institute: Chapter 28A.310 RCW.
court commissioner’s salary: RCW 2.24.030.
dancing, license to conduct: Chapter 67.12 RCW.
detention facilities for juveniles: Chapter 13.16 RCW.
devices to protect fish in lakes: RCW 90.24.050.
diking and drainage intercounty districts: Chapter 85.24 RCW.
diking districts: Chapter 85.05 RCW.
reorganization of (1917 act): Chapter 85.20 RCW.
reorganization of (1933 act): Chapter 85.22 RCW.
diking, drainage and sewerage improvement districts: Chapter 85.08
RCW.
federal aid to: Chapter 85.12 RCW.
maintenance costs and levies: Chapter 85.16 RCW.
diking, drainage district benefits to roads, how paid: RCW 85.07.040,
85.07.050.
diseased animals: RCW 16.36.070.
district court
clerks, assistants: Chapter 3.54 RCW.
facilities: RCW 3.58.050.
legislative authority: RCW 3.42.040.
district courts and other courts of limited jurisdiction: Chapters 3.30,
3.34, 3.38, 3.42, 3.46, 3.50, 3.54, 3.58, 3.62, 3.66, 3.70, 3.74 RCW.
drainage districts: Chapter 85.06 RCW.
reorganization of (1917 act): Chapter 85.20 RCW.
reorganization of (1933 act): Chapter 85.22 RCW.
drawbridges, municipal: RCW 35.74.020, 35.74.030.
elections
creating new precincts: RCW 29A.16.040, 29A.16.050.
precinct officers: Chapter 29A.44 RCW.
voting systems: Chapter 29A.12 RCW.
electric franchises and rights-of-way: RCW 80.32.010.
eminent domain by
counties: Chapter 8.08 RCW.
county, wharves for: RCW 88.24.070.
federal property, purchase of: Chapter 39.32 RCW.
federal tax lien index: RCW 60.68.045.
ferry system tariffs and charges, review committee: RCW 47.60.310.
fire protection district commissioner vacancy: RCW 52.14.050.
fire protection districts: Chapters 52.04, 52.08, 52.12, 52.16 RCW.
flood control by counties jointly: Chapter 86.13 RCW.
flood control districts (1937 act): Chapter 86.09 RCW.
flood control zone districts: Chapter 86.15 RCW.
funding indebtedness of counties: Chapter 39.52 RCW.
game, use of state lands for game purposes: RCW 77.12.360 through
77.12.390.
health districts: Chapter 70.46 RCW.
hospital districts: Chapter 70.44 RCW.
housing authority act: Chapter 35.82 RCW.
housing projects, cooperation: Chapter 35.83 RCW.
human remains: Chapter 68.50 RCW.
industrial development districts: Chapter 53.25 RCW.
intercounty rural library districts: Chapter 27.12 RCW.
intercounty weed districts: Chapter 17.06 RCW.
internal revenue taxes, lien for: RCW 60.68.045.
irrigation and rehabilitation district rules and regulations: RCW
87.84.090.
irrigation districts
director divisions: Chapter 87.04 RCW.
dissolution of districts with bonds: Chapter 87.53 RCW.
generally: Chapter 87.03 RCW.
joint control of: Chapter 87.80 RCW.
merger with drainage, joint drainage or consolidated drainage
improvement district: RCW 87.03.720 through 87.03.745.
(2008 Ed.)
County Commissioners
joint aid river and harbor improvements: RCW 88.32.230 through
88.32.235.
legal aid: Chapter 2.50 RCW.
lien foreclosure: Chapter 84.64 RCW.
liquor
retail license: RCW 67.14.040.
sale or other disposition of: RCW 67.14.020.
wholesale license: RCW 67.14.050.
medical care by state, in county hospitals: Chapter 74.09 RCW.
metropolitan municipal corporations: Chapter 35.58 RCW.
mineral and petroleum leases on county lands: Chapter 78.16 RCW.
mines, abandoned mining shafts and excavations: Chapter 78.12 RCW.
mosquito control districts: Chapter 17.28 RCW.
motor vehicle maximum speed limits outside cities and towns: RCW
46.61.400 through 46.61.425.
parks, bathing beaches, public camps, acquisition and operation of:
Chapter 67.20 RCW.
pest districts: Chapter 17.12 RCW.
planning commission: Chapter 35.63 RCW.
port districts
annexation of land to: Chapter 53.04 RCW.
commissioner elections: Chapter 53.12 RCW.
consolidation of: Chapter 53.46 RCW.
formation of: Chapter 53.04 RCW.
public cemetery and morgue: RCW 68.52.010, 68.52.020.
public health pooling fund: RCW 70.12.030.
public lands
rights-of-way over for roads, county wharves: RCW 79.36.440.
tidelands and shorelands, petition for replat: RCW 79.125.080.
public utility districts: Chapters 54.08, 54.40 RCW.
privilege tax: Chapter 54.28 RCW.
public waterway districts: Chapter 91.08 RCW.
railroad grade crossings: Chapter 81.53 RCW.
reclamation districts of one million acres: Chapter 89.30 RCW.
reforestation: Chapter 79.22 RCW.
county exchange of land to block up holdings: RCW 79.17.020 and
79.17.060.
right to back and hold waters over county roads: RCW 90.28.010,
90.28.020.
river and harbor improvement districts: Chapter 88.32 RCW.
river and harbor improvements by counties jointly: RCW 88.32.180
through 88.32.220.
roads, closure of: Chapter 47.48 RCW.
roads and bridges, limited access facilities: Chapter 47.52 RCW.
rural county library districts: Chapter 27.12 RCW.
rural pool halls, billiard halls and bowling alleys, licensing of: Chapter
67.12 RCW.
school district organization: Chapter 28A.315 RCW.
school districts
penalties relating to: Chapter 28A.635 RCW.
second class, expenditures: Chapter 28A.330 RCW.
validation of indebtedness: Chapter 28A.535 RCW.
school funds: Chapter 28A.545 RCW.
section and corner lines, establishment of: Chapter 58.04 RCW.
special districts in counties with a population of two hundred ten thousand
or more, disincorporation of: Chapter 57.90 RCW.
state highways, acquisition of county lands for: RCW 47.12.040.
stock restricted areas: Chapter 16.24 RCW.
street railways: Chapter 81.64 RCW.
superior court special sessions: RCW 2.08.140, 2.08.150.
taxes, excise tax on real estate sales: Chapter 82.45 RCW.
property
collection of: Chapter 84.56 RCW.
levy of: Chapter 84.52 RCW.
lien foreclosure: Chapter 84.64 RCW.
listing of: Chapter 84.40 RCW.
revaluation: Chapter 84.41 RCW.
temporary gates across highways: RCW 16.60.080.
temporary quarters for court: RCW 2.28.141.
towns, uncertain boundaries: RCW 35.27.040 through 35.27.060.
traffic control devices: Chapter 47.36 RCW.
traffic schools: Chapter 46.83 RCW.
underground storage of natural gas, lease of county lands for: RCW
80.40.070.
United States reclamation areas, contracts to bring county lands into:
RCW 89.12.110.
(2008 Ed.)
36.32.020
veterans, indigent, deceased, burial of: RCW 73.08.070.
veterans’ meeting places, rent by county: RCW 73.04.080.
veterans’ relief: Chapter 73.08 RCW.
vouchers on public funds: Chapter 42.24 RCW.
water-sewer districts
annexation of property to: Chapter 57.24 RCW.
board of commissioners, vacancies: RCW 57.12.020.
consolidation of: Chapter 57.32 RCW.
generally: Title 57 RCW.
transfer of part: RCW 57.32.160.
withdrawal of territory from: Chapter 57.28 RCW.
weed district tax on county lands: RCW 17.04.180.
weed districts: Chapter 17.04 RCW.
wharves, authorizing of and prescribing rates: RCW 88.24.020.
Flood control
district (1937 act) board, commissioner to act for absent member: RCW
86.09.292.
zone districts, commissioners as ex officio supervisors: RCW 86.15.050.
Health districts: Chapter 70.46 RCW.
Metropolitan sewer advisory committee, commissioner as member: RCW
35.58.210.
Metropolitan water advisory committee, commissioner as member: RCW
35.58.230.
Property tax advisor: RCW 84.48.140.
Public assistance as county function: RCW 74.04.040.
Rangers, commissioners as ex officio: RCW 76.04.045.
Reclamation district commission, commissioner as member of: RCW
89.30.055.
Redistricting by local governments and municipal corporations—Census
information for—Plan, prepared when, criteria for, hearing on,
request for review of, certification, remand—Sanctions when review
request frivolous: RCW 29A.76.010.
Revenue, department of, to advise commissioners: RCW 84.08.020.
Review board, commissioner as member of: RCW 35.13.171.
Solid waste collection districts: Chapter 36.58A RCW.
Traffic safety commission, member of association of county commissioners
appointed to: RCW 43.59.030.
United States townsite law, dedication of streets, etc., under commissioners
may alienate: RCW 58.28.440.
36.32.005 "County commissioners" defined. The
term "county commissioners" when used in this title or any
other provision of law shall include the governmental authority empowered to so act under the provisions of a charter
adopted by any county of the state. [1971 ex.s. c 117 § 1.]
36.32.005
36.32.010 Board of commissioners established—
Quorum. There is established in each county in this state a
board of county commissioners. Except as provided in RCW
36.32.055 and 36.32.0552, each board of county commissioners shall consist of three qualified electors, two of whom
shall constitute a quorum to do business. [1990 c 252 § 1;
1963 c 4 § 36.32.010. Prior: Code 1881 § 2663; 1869 p 303
§ 1; 1867 p 52 § 1; 1863 p 540 § 1; 1854 p 420 § 1; RRS §
4036.]
36.32.010
36.32.020 Commissioner districts. The board of
county commissioners of each county shall divide their
county into three commissioner districts so that each district
shall comprise as nearly as possible one-third of the population of the county: PROVIDED, That the territory comprised
in any voting precincts of such districts shall remain compact,
and shall not be divided by the lines of said districts.
36.32.020
[Title 36 RCW—page 69]
36.32.030
Title 36 RCW: Counties
However, the commissioners of any county composed
entirely of islands and with a population of less than thirtyfive thousand may divide their county into three commissioner districts without regard to population, except that if
any single island is included in more than one district, the districts on such island shall comprise, as nearly as possible,
equal populations.
The lines of the districts shall not be changed oftener
than once in four years and only when a full board of commissioners is present. The districts shall be designated as districts numbered one, two and three. [1982 c 226 § 4; 1970
ex.s. c 58 § 1; 1963 c 4 § 36.32.020. Prior: 1893 c 39 § 2;
1890 p 317 §§ 1, 2; RRS § 4037.]
Effective date—1982 c 226: See note following RCW 35.21.180.
36.32.030 Terms of commissioners. The terms of
office of county commissioners shall be four years and until
their successors are elected and qualified and assume office
in accordance with *RCW 29.04.170: PROVIDED, That the
terms shall be staggered so that either one or two commissioners are elected at a general election held in an even-numbered year. [1979 ex.s. c 126 § 27; 1963 c 4 § 36.32.030.
Prior: 1951 c 89 § 1. Formerly: (i) 1891 c 97 §§ 1, 2; RRS §
4038. (ii) 1891 c 67 § 3; RRS § 4039. (iii) 1891 c 89 § 4; RRS
§ 4040. (iv) 1891 c 67 § 5; RRS § 4041.]
36.32.030
*Reviser’s note: RCW 29.04.170 was recodified as RCW 29A.20.040
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
36.32.055 Five-member commission—When authorized—Ballot proposition—Petition—Procedures. (1)
The board of commissioners of any noncharter county with a
population of three hundred thousand or more may cause a
ballot proposition to be submitted at a general election to the
voters of the county authorizing the board of commissioners
to be increased to five members.
(2) As an alternative procedure, a ballot proposition shall
be submitted to the voters of a noncharter county authorizing
the board of commissioners to be increased to five members,
upon petition of the county voters equal to at least ten percent
of the voters voting at the last county general election. At
least twenty percent of the signatures on the petition shall
come from each of the existing commissioner districts.
Any petition requesting that such an election be held
shall be submitted to the county auditor for verification of the
signatures thereon. Within no more than thirty days after the
submission of the petition, the auditor shall determine if the
petition contains the requisite number of valid signatures.
The auditor shall certify whether or not the petition has been
signed by the requisite number of county voters and forward
such petition to the board of county commissioners. If the
petition has been signed by the requisite number of county
voters, the board of county commissioners shall submit such
a proposition to the voters for their approval or rejection at
the next general election held at least sixty days after the
proposition has been certified by the auditor. [1990 c 252 §
2.]
36.32.055
36.32.0552 Five-member commission—Newly created positions—How filled—County divided into five districts. If the ballot proposition receives majority voter
approval, the size of the board of county commissioners shall
be increased to five members as provided in this section.
The two newly created positions shall be filled at elections to be held in the next year. The county shall, as provided
in this section, be divided into five commissioner districts, so
that each district shall comprise as nearly as possible onefifth of the population of the county. No two members of the
existing board of county commissioners may, at the time of
the designation of such districts, permanently reside in one of
the five districts. The division of the county into five districts
shall be accomplished as follows:
(1) The board of county commissioners shall, by the second Monday of March of the year following the election,
adopt a resolution creating the districts;
(2) If by the second Tuesday of March of the year following the election the board of county commissioners has
failed to create the districts, the prosecuting attorney of the
county shall petition the superior court of the county to
appoint a referee to designate the five commissioner districts.
The referee shall designate such districts by no later than June
1st of the year following the election. The two commissioner
districts within which no existing member of the board of
county commissioners permanently resides shall be designated as districts four and five. [1990 c 252 § 3.]
36.32.0552
36.32.040 Nomination by districts. (1) Except as provided in subsection (2) of this section, the qualified electors
of each county commissioner district, and they only, shall
nominate from among their own number, candidates for the
office of county commissioner of such commissioner district
to be voted for at the following general election. Such candidates shall be nominated in the same manner as candidates
for other county and district offices are nominated in all other
respects.
(2) Where the commissioners of a county composed
entirely of islands with a population of less than thirty-five
thousand have chosen to divide the county into unequal-sized
commissioner districts pursuant to the exception provided in
RCW 36.32.020, the qualified electors of the entire county
shall nominate from among their own number who reside
within a commissioner district, candidates for the office of
county commissioner of such commissioner district to be
voted for at the following general election. Such candidates
shall be nominated in the same manner as candidates for
other county offices are nominated in all other respects.
[1982 c 226 § 5; 1963 c 4 § 36.32.040. Prior: 1909 c 232 § 1;
RRS § 4043.]
36.32.040
Effective date—1982 c 226: See note following RCW 35.21.180.
36.32.050 Elected by entire county. County commissioners shall be elected by the qualified voters of the county
and the person receiving the highest number of votes for the
office of commissioner for the district in which he resides
shall be declared duly elected from that district. [1963 c 4 §
36.32.050. Prior: 1895 c 110 § 1; 1893 c 39 § 1; 1891 c 67 §
6; 1890 p 317 § 3; RRS § 4042.]
36.32.050
[Title 36 RCW—page 70]
36.32.0554 Five-member commission—Newly created positions—Terms of initially elected commissioners.
The terms of the persons who are initially elected to positions
four and five under RCW 36.32.0552 shall be as follows:
36.32.0554
(2008 Ed.)
County Commissioners
(1) If the year in which the primary and general elections
are held is an even-numbered year, the person elected to position four shall be elected for a two-year term, and the person
elected to position five shall be elected for a four-year term;
or
(2) If the year in which the primary and general elections
are held is an odd-numbered year, the person elected to position four shall be elected for a one-year term, and the person
elected to position five shall be elected for a three-year term.
The length of the terms shall be calculated from the first day
of January in the year following the election. Each person
elected pursuant to subsection (1) or (2) of this section shall
take office immediately upon the issuance of a certificate of
his or her election.
Thereafter, persons elected to commissioner positions
four and five shall be elected for four-year terms and shall
take office at the same time the other members of the board of
county commissioners take office. [1990 c 252 § 4.]
36.32.0556 Five-member commissions—Four-year
terms—Nominations by districts—Elected by entire
county—Quorum. The commissioners in a five-member
board of county commissioners shall be elected to four-year
staggered terms. Each commissioner shall reside in a separate
commissioner district. Each commissioner shall be nominated from a separate commissioner district by the voters of
that district. Each shall be elected by the voters of the entire
county. Three members of a five-member board of commissioners shall constitute a quorum to do business. [1990 c 252
§ 5.]
36.32.0556
36.32.0558 Five-member commissions—Vacancies.
Vacancies on a board of county commissioners consisting of
five members shall be filled as provided in RCW 36.32.070,
except that:
(1) Whenever there are three or more vacancies, the governor shall appoint one or more commissioners until there are
a total of three commissioners;
(2) Whenever there are two vacancies, the three commissioners shall fill one of the vacancies;
(3) Whenever there is one vacancy, the four commissioners shall fill the single vacancy; and
(4) Whenever there is a vacancy after the general election in a year that the position appears on the ballot and
before the start of the next term, the term of the successor
who is of the same party as the incumbent may commence
once he or she has qualified as defined in *RCW 29.01.135
and shall continue through the term for which he or she was
elected. [2003 c 238 § 2; 1990 c 252 § 6.]
36.32.0558
*Reviser’s note: RCW 29.01.135 was recodified as RCW 29A.04.133
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Contingent effective date—2003 c 238: See note following RCW
36.16.110.
36.32.060 Conditions of official bond. The bond of
each county commissioner shall be payable to the county, and
it shall be conditioned that the commissioner shall well and
faithfully discharge the duties of his office, and not approve,
audit, or order paid any illegal, unwarranted, or unjust claim
against the county for personal services. [1963 c 4 §
36.32.060
(2008 Ed.)
36.32.100
36.32.060. Prior: 1955 c 157 § 10; prior: 1921 c 132 § 1,
part; 1893 c 75 § 7, part; RRS § 4046, part.]
36.32.070 Vacancies on board. Whenever there is a
vacancy in the board of county commissioners, except as provided in RCW 36.32.0558, it shall be filled as follows:
(1) If there are three vacancies, the governor of the state
shall appoint two of the officers. The two commissioners
thus appointed shall then meet and select the third commissioner. If the two appointed commissioners fail to agree upon
selection of the third after the expiration of five days from the
day they were appointed, the governor shall appoint the
remaining commissioner.
(2) Whenever there are two vacancies in the office of
county commissioner, the governor shall appoint one commissioner, and the two commissioners then in office shall
appoint the third commissioner. If they fail to agree upon a
selection after the expiration of five days from the day of the
governor’s appointment, the governor shall appoint the third
commissioner.
(3) Whenever there is one vacancy in the office of county
commissioner, the two remaining commissioners shall fill the
vacancy. If the two commissioners fail to agree upon a selection after the expiration of five days from the day the vacancy
occurred, the governor shall appoint the third commissioner.
(4) Whenever there is a vacancy in the office of county
commissioner after the general election in a year that the
position appears on the ballot and before the start of the next
term, the term of the successor who is of the same party as the
incumbent may commence once he or she has qualified as
defined in *RCW 29.01.135 and shall continue through the
term for which he or she was elected. [2003 c 238 § 3; 1990
c 252 § 7; 1963 c 4 § 36.32.070. Prior: 1933 c 100 § 1; RRS
§ 4038-1.]
36.32.070
*Reviser’s note: RCW 29.01.135 was recodified as RCW 29A.04.133
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Contingent effective date—2003 c 238: See note following RCW
36.16.110.
36.32.080 Regular meetings. The county legislative
authority of each county shall hold regular meetings at the
county seat to transact any business required or permitted by
law. [1989 c 16 § 1; 1963 c 4 § 36.32.080. Prior: 1893 c 105
§ 1; Code 1881 § 2667; 1869 p 303 § 5; 1867 p 53 § 5; 1863
p 541 § 5; 1854 p 420 § 5; RRS § 4047. Cf. 1893 c 75 § 1;
RRS § 4048.]
36.32.080
36.32.090 Special meetings. The county legislative
authority of each county may hold special meetings to transact the business of the county. Notice of a special meeting
shall be made as provided in RCW 42.30.080. A special
meeting may be held outside of the county seat at any location within the county if the agenda item or items are of
unique interest or concern to the citizens of the portion of the
county in which the special meeting is to be held. [1989 c 16
§ 2; 1963 c 4 § 36.32.090. Prior: Code 1881 § 2669; 1869 p
304 § 7; 1867 p 53 § 7; 1863 p 541 § 7; 1854 p 420 § 7; RRS
§ 4049. Cf. 1893 c 75 § 2; RRS § 4050.]
36.32.090
36.32.100 Chairman of board—Election, powers.
The board of county commissioners at their first session after
36.32.100
[Title 36 RCW—page 71]
36.32.110
Title 36 RCW: Counties
the general election shall elect one of its number to preside at
its meetings. He shall sign all documents requiring the signature of the board, and his signature as chairman of the board
shall be as legal and binding as if all members had affixed
their names. In case the chairman is absent at any meeting of
the board, all documents requiring the signature of the board
shall be signed by both members present. [1963 c 4 §
36.32.100. Prior: Code 1881 § 2676; 1869 p 305 § 14; 1867
p 55 § 14; 1863 p 542 § 14; 1854 p 421 § 14; RRS § 4051.]
36.32.110 Clerk of board. The county auditor shall be
the clerk of the board of county commissioners unless the
board of county commissioners designates one of its employees to serve as clerk who shall attend its meetings and keep a
record of its proceedings. [1981 c 240 § 1; 1963 c 4 §
36.32.110. Prior: Code 1881 § 2668; 1869 p 304 § 6; 1867 p
53 § 6; 1863 p 541 § 6; 1854 p 420 § 6; RRS § 4052.]
36.32.110
36.32.120 Powers of legislative authorities. The legislative authorities of the several counties shall:
(1) Provide for the erection and repairing of court
houses, jails, and other necessary public buildings for the use
of the county;
(2) Lay out, discontinue, or alter county roads and highways within their respective counties, and do all other necessary acts relating thereto according to law, except within cities and towns which have jurisdiction over the roads within
their limits;
(3) License and fix the rates of ferriage; grant grocery
and other licenses authorized by law to be by them granted at
fees set by the legislative authorities which shall not exceed
the costs of administration and operation of such licensed
activities;
(4) Fix the amount of county taxes to be assessed according to the provisions of law, and cause the same to be collected as prescribed by law;
(5) Allow all accounts legally chargeable against the
county not otherwise provided for, and audit the accounts of
all officers having the care, management, collection, or disbursement of any money belonging to the county or appropriated to its benefit;
(6) Have the care of the county property and the management of the county funds and business and in the name of the
county prosecute and defend all actions for and against the
county, and such other powers as are or may be conferred by
law;
(7) Make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in
conflict with state law, and within the unincorporated area of
the county may adopt by reference Washington state statutes
and recognized codes and/ or compilations printed in book
form relating to the construction of buildings, the installation
of plumbing, the installation of electric wiring, health, or
other subjects, and may adopt such codes and/ or compilations or portions thereof, together with amendments thereto,
or additions thereto: PROVIDED, That except for Washington state statutes, there shall be filed in the county auditor’s
office one copy of such codes and compilations ten days prior
to their adoption by reference, and additional copies may also
be filed in library or city offices within the county as deemed
36.32.120
[Title 36 RCW—page 72]
necessary by the county legislative authority: PROVIDED
FURTHER, That no such regulation, code, compilation,
and/ or statute shall be effective unless before its adoption, a
public hearing has been held thereon by the county legislative
authority of which at least ten days’ notice has been given.
Any violation of such regulations, ordinances, codes, compilations, and/ or statutes or resolutions shall constitute a misdemeanor or a civil violation subject to a monetary penalty:
PROVIDED FURTHER, That violation of a regulation, ordinance, code, compilation, and/ or statute relating to traffic
including parking, standing, stopping, and pedestrian
offenses is a traffic infraction, except that violation of a regulation, ordinance, code, compilation, and/ or statute equivalent to those provisions of Title 46 RCW set forth in RCW
46.63.020 remains a misdemeanor. However, the punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime and no act
that is a state crime may be made a civil violation. The notice
must set out a copy of the proposed regulations or summarize
the content of each proposed regulation; or if a code is
adopted by reference the notice shall set forth the full official
title and a statement describing the general purpose of such
code. For purposes of this subsection, a summary shall mean
a brief description which succinctly describes the main points
of the proposed regulation. When the county publishes a
summary, the publication shall include a statement that the
full text of the proposed regulation will be mailed upon
request. An inadvertent mistake or omission in publishing
the text or a summary of the content of a proposed regulation
shall not render the regulation invalid if it is adopted. The
notice shall also include the day, hour, and place of hearing
and must be given by publication in the newspaper in which
legal notices of the county are printed;
(8) Have power to compound and release in whole or in
part any debt due to the county when in their opinion the
interest of their county will not be prejudiced thereby, except
in cases where they or any of them are personally interested;
(9) Have power to administer oaths or affirmations necessary in the discharge of their duties and commit for contempt any witness refusing to testify before them with the
same power as district judges;
(10) Have power to declare by ordinance what shall be
deemed a nuisance within the county, including but not limited to "litter" and "potentially dangerous litter" as defined in
RCW 70.93.030; to prevent, remove, and abate a nuisance at
the expense of the parties creating, causing, or committing
the nuisance; and to levy a special assessment on the land or
premises on which the nuisance is situated to defray the cost,
or to reimburse the county for the cost of abating it. This
assessment shall constitute a lien against the property which
shall be of equal rank with state, county, and municipal taxes.
[2003 c 337 § 6; 1994 c 301 § 8; 1993 c 83 § 9; 1989 c 378 §
39; 1988 c 168 § 8; 1987 c 202 § 206; 1986 c 278 § 2; 1985 c
91 § 1; 1982 c 226 § 3; 1979 ex.s. c 136 § 35; 1975 1st ex.s.
c 216 § 1; 1967 ex.s. c 59 § 1; 1963 c 4 § 36.32.120. Prior:
1961 c 27 § 2; prior: (i) 1947 c 61 § 1; 1943 c 99 § 1; Code
1881 § 2673; 1869 p 305 § 11; 1867 p 54 § 11; 1863 p 542 §
11; 1854 p 421 § 11; Rem. Supp. 1947 § 4056. (ii) Code
1881 § 2681; 1869 p 307 § 20; 1867 p 56 § 20; 1863 p 543 §
20; 1854 p 422 § 20; RRS § 4061. (iii) Code 1881 § 2687;
(2008 Ed.)
County Commissioners
1869 p 308 § 26; 1867 p 57 § 26; 1863 p 545 § 28; 1854 p 423
§ 22; RRS § 4071.]
Findings—2003 c 337: See note following RCW 70.93.060.
Effective date—1993 c 83: See note following RCW 35.21.163.
Intent—1987 c 202: See note following RCW 2.04.190.
Severability—1986 c 278: See note following RCW 36.01.010.
Effective date—1982 c 226: See note following RCW 35.21.180.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
36.32.121 Community revitalization financing—
Public improvements. In addition to other authority that a
county possesses, a county may provide any public improvement as defined under RCW 39.89.020, but this additional
authority is limited to participating in the financing of the
public improvements as provided under RCW 39.89.050.
This section does not limit the authority of a county to
otherwise participate in the public improvements if that
authority exists elsewhere. [2001 c 212 § 13.]
36.32.121
Severability—2001 c 212: See RCW 39.89.902.
36.32.122 Authority to regulate massage practitioners—Limitations. (1) A state licensed massage practitioner seeking a county license to operate a massage business
must provide verification of his or her state massage license
as provided for in RCW 18.108.030.
(2) The county may charge a licensing or operating fee,
but the fee charged a state licensed massage practitioner shall
not exceed the licensing or operating fee imposed on similar
health care providers, such as physical therapists or occupational therapists, operating within the same county.
(3) A state licensed massage practitioner is not subject to
additional licensing requirements not currently imposed on
similar health care providers, such as physical therapists or
occupational therapists. [1991 c 182 § 3.]
36.32.122
36.32.125 Adoption of certain regulations proscribed. Nothing in this chapter shall permit the counties to
adopt, by reference or by ordinance, regulations relating to
the subject matter contained in chapters 19.28, 43.22, 70.79,
or 70.87 RCW. [1971 ex.s. c 117 § 2.]
36.32.125
Adoption of provisions relating to electricians and electrical installations by
ordinance proscribed: RCW 19.28.101.
36.32.127 Driving while under the influence of liquor
or drugs—Minimum penalties. No county may establish a
penalty for an act that constitutes the crime of driving while
under the influence of intoxicating liquor or any drug, as provided for in RCW 46.61.502, or the crime of being in actual
physical control of a motor vehicle while under the influence
of intoxicating liquor or any drug, as provided in RCW
46.61.504, that is less than the penalties prescribed for those
crimes in RCW 46.61.5055. [1995 c 332 § 9; 1994 c 275 §
37; 1983 c 165 § 41.]
36.32.127
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
(2008 Ed.)
36.32.170
36.32.130 Postponement of action. When only two
members are present at a meeting of the board, and a division
takes place on any question, the matter under consideration
shall be postponed to the next subsequent meeting. [1963 c 4
§ 36.32.130. Prior: Code 1881 § 2671; 1869 p 304 § 9; 1867
p 53 § 9; 1863 p 541 § 9; 1854 p 421 § 9; RRS § 4055.]
36.32.130
36.32.135 Official seal. The county commissioners of
each county shall have and use a seal for the purpose of sealing their proceedings, and copies of the same when signed
and sealed by the said county commissioners, and attested by
their clerk, shall be admitted as evidence of such proceedings
in the trial of any cause in any court in this state; and until
such seal shall be provided, the private seal of the chairman
of such board of county commissioners shall be adopted as a
seal. [1963 c 4 § 36.32.135. Prior: Code 1881 § 2672; 1854
p 421 § 10; RRS § 4069. Formerly RCW 36.16.080.]
36.32.135
36.32.140 Record of proceedings. The board of county
commissioners shall cause to be recorded, in a book kept for
that purpose, all their proceedings and determinations touching all matters properly cognizable before it; and all books,
accounts, vouchers, and papers, touching the business or
property of the county shall be carefully kept by the clerk,
and be open to public inspection. [1963 c 4 § 36.32.140.
Prior: Code 1881 § 2675; 1869 p 305 § 13; 1867 p 54 § 13;
1863 p 542 § 13; 1854 p 421 § 13; RRS § 4072.]
36.32.140
36.32.150 Transcribing mutilated records. The
county commissioners shall, when any of the county records
become so mutilated that their handling becomes dangerous
to the safety of such records, and when in the judgment of the
county commissioners it may become necessary to, order the
transcribing of said records at a sum not exceeding eight
cents per folio of one hundred words, in books to be provided
for that purpose by the county. [1963 c 4 § 36.32.150. Prior:
1893 c 14 § 1; RRS § 4065.]
36.32.150
36.32.155 Transcribing mutilated records—Prior
transcribing validated. All records transcribed by order of
any board of county commissioners in this state prior to the
effective date of chapter 14, Laws of 1893, shall be and are
hereby declared the legal records of said county the same as
if transcribed under the provisions of RCW 36.32.150
through 36.32.170. [1963 c 4 § 36.32.155. Prior: 1893 c 14
§ 4; RRS § 4068.]
36.32.155
36.32.160 Transcribing mutilated records—Auditor
to direct transcribing, certify. The books containing the
transcribed records shall be certified by the county auditor,
under whose direction the transcribing was done, as being
true copies of the original. [1963 c 4 § 36.32.160. Prior:
1893 c 14 § 2; RRS § 4066.]
36.32.160
36.32.170 Transcribing mutilated records—Original
records to be preserved. All the original record books, after
the transcribing thereof, shall be filed away in the auditor’s
office and only be used in case of contest on the correctness
of the transcribed records. [1963 c 4 § 36.32.170. Prior:
1893 c 14 § 3; RRS § 4067.]
36.32.170
[Title 36 RCW—page 73]
36.32.200
Title 36 RCW: Counties
36.32.200 Special attorneys, employment of. It shall
be unlawful for a county legislative authority to employ or
contract with any attorney or counsel to perform any duty
which any prosecuting attorney is authorized or required by
law to perform, unless the contract of employment of such
attorney or counsel has been first reduced to writing and
approved by the presiding superior court judge of the county
in writing endorsed thereon. This section shall not prohibit
the appointment of deputy prosecuting attorneys in the manner provided by law.
Any contract written pursuant to this section shall be
limited to two years in duration. [1983 c 129 § 1; 1963 c 4 §
36.32.200. Prior: 1905 c 25 § 1; RRS § 4075.]
36.32.200
36.32.210 Inventory of county capitalized assets—
County commission inventory statement—Filing and
public inspection—Penalty—Prosecutions—Taxpayer’s
action. (1) Each board of county commissioners of the several counties of the state of Washington shall, on the first
Monday of March of each year, file with the auditor of the
county a statement verified by oath showing for the twelve
months period ending December 31st of the preceding year,
the following:
(a) A full and complete inventory of all capitalized assets
shall be kept in accordance with standards established by the
state auditor. This inventory shall be segregated to show the
following subheads:
(i) The assets, including equipment, on hand, together
with a statement of the date when acquired, the amount paid
therefor, the estimated life thereof and a sufficient description
to fully identify such property;
(ii) All equipment of every kind or nature sold or disposed of in any manner during such preceding twelve months
period, together with the name of the purchaser, the amount
paid therefor, whether or not the same was sold at public or
private sale, the reason for such disposal and a sufficient
description to fully identify the same; and
(iii) All the equipment purchased during the period,
together with the date of purchase, the amount paid therefor,
whether or not the same was bought under competitive bidding, the price paid therefor and the probable life thereof, the
reason for making the purchase and a sufficient description to
fully identify such property; and
(b) The person to whom such money or any part thereof
was paid and why so paid and the date of such payment.
(2) Inventories shall be filed with the county auditor as a
public record and shall be open to the inspection of the public.
(3) Any county commissioner failing to file such statement or willfully making any false or incorrect statement
therein or aiding or abetting in the making of any false or
incorrect statement is guilty of a gross misdemeanor.
(4) It is the duty of the prosecuting attorney of each
county to within three days from the calling to his or her
attention of any violation to institute proceedings against
such offending official and in addition thereto to prosecute
appropriate action to remove such commissioner from office.
(5) Any taxpayer of such county is hereby authorized to
institute the action in conjunction with or independent of the
action of the prosecuting attorney. [2003 c 53 § 204; 1997 c
245 § 3; 1995 c 194 § 5; 1969 ex.s. c 182 § 2; 1963 c 108 § 1;
36.32.210
[Title 36 RCW—page 74]
1963 c 4 § 36.32.210. Prior: 1931 c 95 § 1; RRS § 4056-1.
FORMER PARTS OF SECTION: (i) 1931 c 95 § 2; RRS §
4056-2, now codified as RCW 36.32.213. (ii) 1931 c 95 § 3;
RRS § 4056-3, now codified as RCW 36.32.215.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
State building code: Chapter 19.27 RCW.
36.32.235 Competitive bids—Purchasing department—Counties with a population of one million or
more—Public works procedures—Exceptions. (1) In each
county with a population of one million or more which by
resolution establishes a county purchasing department, the
purchasing department shall enter into leases of personal
property on a competitive basis and purchase all supplies,
materials, and equipment on a competitive basis, for all
departments of the county, as provided in this chapter and
chapter 39.04 RCW, except that the county purchasing
department is not required to make purchases that are paid
from the county road fund or equipment rental and revolving
fund.
(2) As used in this section, "public works" has the same
definition as in RCW 39.04.010.
(3) Except as otherwise specified in this chapter or in
chapter 36.77 RCW, all counties subject to these provisions
shall contract on a competitive basis for all public works after
bids have been submitted to the county upon specifications
therefor. Such specifications shall be in writing and shall be
filed with the clerk of the county legislative authority for public inspection.
(4) An advertisement shall be published in the county
official newspaper stating the time and place where bids will
be opened, the time after which bids will not be received, the
character of the work to be done, the materials and equipment
to be furnished, and that specifications therefor may be seen
at the office of the clerk of the county legislative authority.
An advertisement shall also be published in a legal newspaper of general circulation in or as near as possible to that part
of the county in which such work is to be done. If the county
official newspaper is a newspaper of general circulation covering at least forty percent of the residences in that part of the
county in which such public works are to be done, then the
publication of an advertisement of the applicable specifications in the county official newspaper is sufficient. Such
advertisements shall be published at least once at least thirteen days prior to the last date upon which bids will be
received.
(5) The bids shall be in writing, shall be filed with the
clerk, shall be opened and read in public at the time and place
named therefor in the advertisements, and after being opened,
shall be filed for public inspection. No bid may be considered
for public work unless it is accompanied by a bid deposit in
the form of a surety bond, postal money order, cash, cashier’s
check, or certified check in an amount equal to five percent of
the amount of the bid proposed.
(6) The contract for the public work shall be awarded to
the lowest responsible bidder. Any or all bids may be rejected
for good cause. The county legislative authority shall require
from the successful bidder for such public work a contractor’s bond in the amount and with the conditions imposed by
law.
36.32.235
(2008 Ed.)
County Commissioners
(7) If the bidder to whom the contract is awarded fails to
enter into the contract and furnish the contractor’s bond as
required within ten days after notice of the award, exclusive
of the day of notice, the amount of the bid deposit shall be
forfeited to the county and the contract awarded to the next
lowest and best bidder. The bid deposit of all unsuccessful
bidders shall be returned after the contract is awarded and the
required contractor’s bond given by the successful bidder is
accepted by the county legislative authority. Immediately
after the award is made, the bid quotations obtained shall be
recorded and open to public inspection and shall be available
by telephone inquiry.
(8) As limited by subsection (10) of this section, a county
subject to these provisions may have public works performed
by county employees in any annual or biennial budget period
equal to a dollar value not exceeding ten percent of the public
works construction budget, including any amount in a supplemental public works construction budget, over the budget
period.
Whenever a county subject to these provisions has had
public works performed in any budget period up to the maximum permitted amount for that budget period, all remaining
public works except emergency work under subsection (12)
of this section within that budget period shall be done by contract pursuant to public notice and call for competitive bids as
specified in subsection (3) of this section. The state auditor
shall report to the state treasurer any county subject to these
provisions that exceeds this amount and the extent to which
the county has or has not reduced the amount of public works
it has performed by public employees in subsequent years.
(9) If a county subject to these provisions has public
works performed by public employees in any budget period
that are in excess of this ten percent limitation, the amount in
excess of the permitted amount shall be reduced from the otherwise permitted amount of public works that may be performed by public employees for that county in its next budget
period. Ten percent of the motor vehicle fuel tax distributions
to that county shall be withheld if two years after the year in
which the excess amount of work occurred, the county has
failed to so reduce the amount of public works that it has performed by public employees. The amount withheld shall be
distributed to the county when it has demonstrated in its
reports to the state auditor that the amount of public works it
has performed by public employees has been reduced as
required.
(10) In addition to the percentage limitation provided in
subsection (8) of this section, counties subject to these provisions containing a population of one million or more shall not
have public employees perform a public works project in
excess of seventy thousand dollars if more than a single craft
or trade is involved with the public works project, or a public
works project in excess of twenty-five thousand dollars if
only a single craft or trade is involved with the public works
project. A public works project means a complete project.
The restrictions in this subsection do not permit the division
of the project into units of work or classes of work to avoid
the restriction on work that may be performed by public
employees on a single project.
The cost of a separate public works project shall be the
costs of materials, supplies, equipment, and labor on the construction of that project. The value of the public works budget
(2008 Ed.)
36.32.235
shall be the value of all the separate public works projects
within the budget.
(11) In addition to the accounting and recordkeeping
requirements contained in chapter 39.04 RCW, any county
which uses public employees to perform public works
projects under RCW 36.32.240(1) shall prepare a year-end
report to be submitted to the state auditor indicating the total
dollar amount of the county’s public works construction budget and the total dollar amount for public works projects performed by public employees for that year.
The year-end report submitted pursuant to this subsection to the state auditor shall be in accordance with the standard form required by RCW 43.09.205.
(12) Notwithstanding any other provision in this section,
counties may use public employees without any limitation for
emergency work performed under an emergency declared
pursuant to RCW 36.32.270, and any such emergency work
shall not be subject to the limitations of this section. Publication of the description and estimate of costs relating to correcting the emergency may be made within seven days after
the commencement of the work. Within two weeks of the
finding that such an emergency existed, the county legislative
authority shall adopt a resolution certifying the damage to
public facilities and costs incurred or anticipated relating to
correcting the emergency. Additionally this section shall not
apply to architectural and engineering or other technical or
professional services performed by public employees in connection with a public works project.
(13) In lieu of the procedures of subsections (3) through
(11) of this section, a county may let contracts using the small
works roster process provided in RCW 39.04.155.
Whenever possible, the county shall invite at least one
proposal from a minority or woman contractor who shall otherwise qualify under this section.
(14) The allocation of public works projects to be performed by county employees shall not be subject to a collective bargaining agreement.
(15) This section does not apply to performance-based
contracts, as defined in *RCW 39.35A.020(3), that are negotiated under chapter 39.35A RCW.
(16) Nothing in this section prohibits any county from
allowing for preferential purchase of products made from
recycled materials or products that may be recycled or
reused.
(17) This section does not apply to contracts between the
public stadium authority and a team affiliate under RCW
36.102.060(4), or development agreements between the public stadium authority and a team affiliate under RCW
3 6 . 1 0 2 . 0 6 0 ( 7 ) o r l ea s e s e n t e r e d i n t o u n d e r R C W
36.102.060(8). [2000 c 138 § 206; 1997 c 220 § 401 (Referendum Bill No. 48, approved June 17, 1997); 1996 c 219 § 2.]
*Reviser’s note: RCW 39.35A.020 was amended by 2001 c 214 § 18,
changing subsection (3) to subsection (4).
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Referendum—Other legislation limited—Legislators’ personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
[Title 36 RCW—page 75]
36.32.240
Title 36 RCW: Counties
36.32.240 Competitive bids—Purchasing department—Counties with a population of less than one million. (1) In any county the county legislative authority may
by resolution establish a county purchasing department.
(2) In each county with a population of less than one million which exercises this option, the purchasing department
shall contract on a competitive basis for all public works,
enter into leases of personal property on a competitive basis,
and purchase all supplies, materials, and equipment, on a
competitive basis, for all departments of the county, as provided in this chapter and chapter 39.04 RCW, except that the
county purchasing department is not required to make purchases for the county hospital, or make purchases that are
paid from the county road fund or equipment rental and
revolving fund. [1996 c 219 § 1; 1993 c 198 § 5; 1991 c 363
§ 57; 1985 c 169 § 8; 1983 c 3 § 77; 1974 ex.s. c 52 § 1; 1967
ex.s. c 144 § 15; 1963 c 4 § 36.32.240. Prior: 1961 c 169 § 1;
1949 c 33 § 1; 1945 c 61 § 1; Rem. Supp. 1949 § 10322-15.]
36.32.240
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1967 ex.s. c 144: See note following RCW 36.900.030.
36.32.245 Competitive bids—Requirements—
Advertisements—Exceptions. (1) No contract for the purchase of materials, equipment, or supplies may be entered
into by the county legislative authority or by any elected or
appointed officer of the county until after bids have been submitted to the county. Bid specifications shall be in writing
and shall be filed with the clerk of the county legislative
authority for public inspection. An advertisement shall be
published in the official newspaper of the county stating the
time and place where bids will be opened, the time after
which bids will not be received, the materials, equipment,
supplies, or services to be purchased, and that the specifications may be seen at the office of the clerk of the county legislative authority. The advertisement shall be published at
least once at least thirteen days prior to the last date upon
which bids will be received.
(2) The bids shall be in writing and filed with the clerk.
The bids shall be opened and read in public at the time and
place named in the advertisement. Contracts requiring competitive bidding under this section may be awarded only to
the lowest responsible bidder. Immediately after the award is
made, the bid quotations shall be recorded and open to public
inspection and shall be available by telephone inquiry. Any
or all bids may be rejected for good cause.
(3) For advertisement and formal sealed bidding to be
dispensed with as to purchases between five thousand and
twenty-five thousand dollars, the county legislative authority
must use the uniform process to award contracts as provided
in RCW 39.04.190. Advertisement and formal sealed bidding may be dispensed with as to purchases of less than five
thousand dollars upon the order of the county legislative
authority.
(4) This section does not apply to performance-based
contracts, as defined in RCW 39.35A.020(4), that are negotiated under chapter 39.35A RCW; or contracts and purchases
for the printing of election ballots, voting machine labels, and
all other election material containing the names of candidates
and ballot titles.
36.32.245
[Title 36 RCW—page 76]
(5) Nothing in this section shall prohibit the legislative
authority of any county from allowing for preferential purchase of products made from recycled materials or products
that may be recycled or reused.
(6) This section does not apply to contracting for public
defender services by a county. [2007 c 88 § 1. Prior: 1993 c
233 § 1; 1993 c 198 § 7; 1991 c 363 § 62.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.32.250 Competitive bids—Contract procedure—
Contracts under ten thousand dollars—Small works roster process. No contract for public works may be entered
into by the county legislative authority or by any elected or
appointed officer of the county until after bids have been submitted to the county upon specifications therefor. Such specifications shall be in writing and shall be filed with the clerk
of the county legislative authority for public inspection. An
advertisement shall be published in the county official newspaper stating the time and place where bids will be opened,
the time after which bids will not be received, the character of
the work to be done, the materials and equipment to be furnished, and that specifications therefor may be seen at the
office of the clerk of the county legislative authority. An
advertisement shall also be published in a legal newspaper of
general circulation in or as near as possible to that part of the
county in which such work is to be done. If the county official
newspaper is a newspaper of general circulation covering at
least forty percent of the residences in that part of the county
in which such public works are to be done, then the publication of an advertisement of the applicable specifications in
the county official newspaper shall be sufficient. Such advertisements shall be published at least once at least thirteen
days prior to the last date upon which bids will be received.
The bids shall be in writing, shall be filed with the clerk, shall
be opened and read in public at the time and place named
therefor in the advertisements, and after being opened, shall
be filed for public inspection. No bid may be considered for
public work unless it is accompanied by a bid deposit in the
form of a surety bond, postal money order, cash, cashier’s
check, or certified check in an amount equal to five percent of
the amount of the bid proposed. The contract for the public
work shall be awarded to the lowest responsible bidder. Any
or all bids may be rejected for good cause. The county legislative authority shall require from the successful bidder for
such public work a contractor’s bond in the amount and with
the conditions imposed by law. If the bidder to whom the
contract is awarded fails to enter into the contract and furnish
the contractor’s bond as required within ten days after notice
of the award, exclusive of the day of notice, the amount of the
bid deposit shall be forfeited to the county and the contract
awarded to the next lowest and best bidder. A low bidder who
claims error and fails to enter into a contract is prohibited
from bidding on the same project if a second or subsequent
call for bids is made for the project. The bid deposit of all
unsuccessful bidders shall be returned after the contract is
awarded and the required contractor’s bond given by the successful bidder is accepted by the county legislative authority.
In the letting of any contract for public works involving less
than ten thousand dollars, advertisement and competitive bidding may be dispensed with on order of the county legislative
36.32.250
(2008 Ed.)
County Commissioners
authority. Immediately after the award is made, the bid quotations obtained shall be recorded and open to public inspection and shall be available by telephone inquiry.
As an alternative to requirements under this section, a
county may let contracts using the small works roster process
under RCW 39.04.155.
This section does not apply to performance-based contracts, as defined in *RCW 39.35A.020(3), that are negotiated under chapter 39.35A RCW. [2000 c 138 § 207; 1996 c
18 § 3; 1993 c 198 § 8; 1991 c 363 § 58. Prior: 1989 c 431 §
57; 1989 c 244 § 6; prior: 1985 c 369 § 1; 1985 c 169 § 9;
1977 ex.s. c 267 § 1; 1975 1st ex.s. c 230 § 1; 1967 ex.s. c 144
§ 16; 1967 c 97 § 1; 1965 c 113 § 1; 1963 c 4 § 36.32.250;
prior: 1945 c 61 § 2; Rem. Supp. 1945 § 10322-16.]
*Reviser’s note: RCW 39.35A.020 was amended by 2001 c 214 § 18,
changing subsection (3) to subsection (4).
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1989 c 431: See RCW 70.95.901.
Severability—1967 ex.s. c 144: See note following RCW 36.900.030.
Subcontractors to be identified by bidder, when: RCW 39.30.060.
36.32.253 Competitive bids—Leases of personal
property. No lease of personal property may be entered into
by the county legislative authority or by any elected or
appointed officer of the county except upon use of the procedures specified in this chapter and chapter 39.04 RCW for
awarding contracts for purchases when it leases personal
property from the lowest responsible bidder. [1993 c 198 § 6;
1991 c 363 § 63.]
36.32.310
required by the board, report to the county commissioners a
balancing of the inventory record with the actual amount of
supplies or equipment on hand. [1963 c 4 § 36.32.260. Prior:
1961 c 169 § 2; 1945 c 61 § 3; Rem. Supp. 1945 § 10322-17.]
36.32.265 Competitive bids—Inapplicability to certain agreements relating to water pollution control, solid
waste handling facilities. RCW 36.32.240, 36.32.250, and
36.32.260 do not apply to the selection of persons or entities
to construct or develop water pollution control facilities or to
provide water pollution control services under RCW
70.150.040 or the selection of persons or entities to construct
or develop solid waste handling facilities or to provide solid
waste handling services under RCW 36.58.090. [1989 c 399
§ 8; 1987 c 436 § 9.]
36.32.265
36.32.270 Competitive bids—Exemptions. The
county legislative authority may waive the competitive bidding requirements of this chapter pursuant to RCW 39.04.280
if an exemption contained within that section applies to the
purchase or public work. [1998 c 278 § 4; 1963 c 4 §
36.32.270. Prior: 1961 c 169 § 3; 1945 c 61 § 4; Rem. Supp.
1945 § 10322-18.]
36.32.270
36.32.253
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.32.256 Competitive bids—Multiple awards for
road maintenance materials. A county when calling for
competitive bids for the procurement of road maintenance
materials may award to multiple bidders for the same commodity when the bid specifications provide for the factors of
haul distance to be included in the determination of which
vendor is truly the lowest price to the county. The county may
readvertise for additional bidders and vendors if it deems it
necessary in the public interest. [1991 c 363 § 61.]
36.32.256
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.32.280 Regulation of watercourses. The state in the
exercise of its sovereign and police power authorizes any
county alone or acting jointly with any other county to regulate and control the flow of waters, both navigable and nonnavigable, within such county or counties, for the purpose of
preventing floods which may threaten or cause damage, public or private. [1963 c 4 § 36.32.280. Prior: 1921 c 30 § 1;
RRS § 4057-1.]
36.32.280
36.32.290 Regulation of watercourses—Removal of
obstructions. When the board of county commissioners of
any county deems it essential to the public interest for flood
prevention purposes it may remove drifts, jams, logs, debris,
gravel, earth, stone or bars forming obstructions to the
stream, or other material from the beds, channels, and banks
of watercourses in any manner deemed expedient, including
the deposit thereof on bars not forming obstructions to the
stream, or on subsidiary or high water channels of such
watercourses. [1963 c 4 § 36.32.290. Prior: 1921 c 30 § 2;
RRS § 4057-2.]
36.32.290
36.32.300 Regulation of watercourses—Trees may be
removed from river banks. When any forest trees are situated upon the bank of any watercourse or so close thereto as
to be in danger of falling into it, the owner or occupant of any
of the premises shall be notified to remove them forthwith.
The notice shall be based upon a resolution or order of the
county commissioners and may be given by mail to the last
known address of the owner or occupant. If the trees are not
removed within ten days after the date of the notice, the
county may thereupon fell them. [1963 c 4 § 36.32.300.
Prior: 1921 c 30 § 3; RRS § 4057-3.]
36.32.300
36.32.260 Competitive bids—Purchasing agent. In
any county having a purchasing department the board of
county commissioners shall appoint a county purchasing
agent, who shall be the head of such purchasing department.
The county purchasing agent shall have had previous purchasing experience as purchasing agent of a commercial,
industrial, institutional, or governmental plant or agency, and
shall be placed under such bond as the board may require.
The board may establish a central storeroom or storerooms in
charge of the county purchasing agent in which supplies and
equipment may be stored and issued upon proper requisition
by department heads. The purchasing agent shall be responsible for maintaining perpetual inventories of supplies and
equipment and shall at least yearly, or oftener when so
36.32.260
(2008 Ed.)
36.32.310 Compensation for extra services. Whenever a member of the board of county commissioners of any
county has a claim for compensation for per diem and
36.32.310
[Title 36 RCW—page 77]
36.32.330
Title 36 RCW: Counties
expenses for attendance upon any special session of the board
or a claim for compensation for extra services or expenses
incurred as such commissioners, including services performed as road commissioner, the claim shall be verified by
him and after being approved by a majority of the board of
county commissioners of the county shall be filed with the
clerk of the superior court and be approved by a judge of the
superior court of such county or any superior court judge
holding court in such county. The judge may make such
investigation as he deems necessary to determine the correctness of the claim and may, after such investigation, approve
or reject any part of such claim. If the judge so approve the
claim or any part thereof the same shall be certified by the
clerk under the seal of his office and be returned to the county
auditor who shall draw a warrant therefor. The court shall not
be required oftener than once in each month to pass upon
such claims and it may fix a time in each month by general
order filed with the clerk of the board of county commissioners on or before which such claims must be filed with the
clerk of the court. [1963 c 4 § 36.32.310. Prior: 1921 c 100
§ 1; 1911 c 66 § 1; RRS § 4053.]
36.32.330 Appeals from board’s action. Any person
may appeal to the superior court from any decision or order
of the board of county commissioners. Such appeal shall be
taken within twenty days after the decision or order, and the
appellant shall within that time serve notice of appeal on the
county commissioners. The notice shall be in writing and
shall be delivered to at least one of the county commissioners
personally, or left with the county auditor. The appellant
shall, within ten days after service of the notice of appeal give
a bond to the county with one or more sureties, to be
approved by the county auditor, conditioned for the payment
of all costs which shall be adjudged against him on such
appeal in the superior court. The practice regulating appeals
from and writs of certiorari to justice’s courts shall, insofar as
applicable, govern in matters of appeal from a decision or
order of the board of county commissioners.
Nothing herein contained shall be construed to prevent a
party having a claim against any county in this state from
enforcing the collection thereof by civil action in any court of
competent jurisdiction after the same has been presented to
and filed as provided by law and disallowed in whole or in
part by the board of county commissioners of the proper
county. Such action must, however, be commenced within
the time limitation provided in *RCW 36.45.030. [1963 c 4
§ 36.32.330. Prior: 1957 c 224 § 5; 1893 c 121 § 1; Code
1881 § 2695; 1869 p 308 § 29; 1867 p 57 § 29; 1863 p 545 §
30; 1854 p 423 § 24; RRS § 4076. Cf. 1879 p 143 §§ 1, 2.]
36.32.330
*Reviser’s note: RCW 36.45.030 was repealed by 1993 c 449 § 13.
36.32.335 Coordination of county administrative
programs—Legislative declaration. The public necessity
for the coordination of county administrative programs, especially in the fields of highways and social security, be and is
hereby recognized. [1963 c 4 § 36.32.335. Prior: 1939 c 188
§ 1; RRS § 4077-2.]
36.32.335
36.32.340 Coordination of county administrative
programs—Duties incident to. The county commissioners
36.32.340
[Title 36 RCW—page 78]
shall take such action as is necessary to effect coordination of
their administrative programs and prepare reports annually
on the operations of all departments under their jurisdiction.
[1998 c 245 § 27; 1963 c 4 § 36.32.340. Prior: 1939 c 188 §
2; RRS § 4077-3.]
36.32.350 Coordination of county administrative
programs—Coordinating agency—Agency reimbursement. County legislative authorities may designate the
Washington state association of counties as a coordinating
agency in the execution of duties imposed by RCW
36.32.335 through 36.32.360 and reimburse the association
from county current expense funds in the county legislative
authority’s budget for the costs of any such services rendered.
Such reimbursement shall be paid on vouchers submitted to
the county auditor and approved by the county legislative
authority in the manner provided for the disbursement of
other current expense funds and the vouchers shall set forth
the nature of the service rendered, supported by affidavit that
the service has actually been performed. [1991 c 363 § 59;
1973 1st ex.s. c 195 § 30; 1971 ex.s. c 85 § 3; 1970 ex.s. c 47
§ 1; 1963 c 4 § 36.32.350. Prior: 1947 c 49 § 1; 1939 c 188 §
3; Rem. Supp. 1947 § 4077-4.]
36.32.350
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
Associations of municipal corporations or municipal officers to furnish
information to legislature and governor: RCW 44.04.170.
Merger of state association of counties with state association of county officials: RCW 36.47.070.
Winter recreation advisory committee, representative of association of counties as member: RCW 79A.05.255.
36.32.360 Coordination of county administrative
programs—Attendance at conventions authorized.
County commissioners are hereby authorized to take such
other and further action as may be deemed necessary to the
compliance with the intent of RCW 36.32.335 through
36.32.360, including attendance at such state or district meetings as may be required to formulate the reports directed in
RCW 36.32.340. [1963 c 4 § 36.32.360. Prior: 1939 c 188 §
4; RRS § 4077-5.]
36.32.360
36.32.370 Land surveys. Except as otherwise provided
in this title, the board of county commissioners, through a
surveyor employed by it shall execute all surveys of land that
may be required by the county. The certificate of the surveyor
so employed of any survey made of lands within the county
shall be presumptive evidence of the facts therein contained.
[1963 c 4 § 36.32.370. Prior: (i) 1895 c 77 § 3; RRS § 4144.
(ii) 1895 c 77 § 4; RRS § 4145.]
36.32.370
36.32.380 Land surveys—Record of surveys. Except
as otherwise provided in this title, the board of county commissioners shall cause to be recorded in a suitable book all
surveys except such as are made for a temporary purpose.
The record book shall be so constructed as to have one page
for diagrams to be numbered progressively and the opposite
page for notes and remarks; no diagram shall be so con36.32.380
(2008 Ed.)
County Commissioners
structed as to scale less than one inch to twenty chains. [1963
c 4 § 36.32.380. Prior: 1895 c 77 § 5; RRS § 4150.]
36.32.390 Nonmonthly employees, vacations and sick
leaves. Each employee of any county in this state who is
employed on an hourly or per diem basis, who shall have
worked fifteen hundred hours or more in any one year may in
the discretion of the board of county commissioners be given
the same vacations and sick leaves as are provided for the
employees of the county employed on a monthly basis.
[1963 c 4 § 36.32.390. Prior: 1951 c 187 § 1.]
36.32.390
36.32.400 Health care and group insurance. Subject
to chapter 48.62 RCW, any county by a majority vote of its
board of county commissioners may enter into contracts to
provide health care services and/or group insurance for the
benefit of its employees, and may pay all or any part of the
cost thereof. Any two or more counties, by a majority vote of
their respective boards of county commissioners may, if
deemed expedient, join in the procuring of such health care
services and/or group insurance, and the board of county
commissioners of each participating county may, by appropriate resolution, authorize their respective counties to pay all
or any portion of the cost thereof.
Nothing in this section shall impair the eligibility of any
employee of a county, municipality, or other political subdivision under RCW 41.04.205. [1991 sp.s. c 30 § 21;
1975-’76 2nd ex.s. c 106 § 7; 1963 c 4 § 36.32.400. Prior:
1957 c 106 § 1; 1955 c 51 § 1.]
36.32.400
Effective date, implementation, application—Severability—1991
sp.s. c 30: See RCW 48.62.900 and 48.62.901.
36.32.410 Participation in Economic Opportunity
Act programs. The board of county commissioners of any
county is hereby authorized and empowered in its discretion
by resolution or ordinance passed by a majority of the board,
to take whatever action it deems necessary to enable the
county to participate in the programs set forth in the Economic Opportunity Act of 1964 (Public Law 88-452; 78 Stat.
508), as amended. Such participation may be engaged in as a
sole county operation or in conjunction or cooperation with
the state, any other county, city, or municipal corporation, or
any private corporation qualified under said Economic
Opportunity Act. [1971 ex.s. c 177 § 1; 1965 c 14 § 1.]
36.32.410
36.32.415 Low-income housing—Loans and grants.
A county may assist in the development or preservation of
publicly or privately owned housing for persons of low
income by providing loans or grants of general county funds
to the owners or developers of the housing. The loans or
grants shall be authorized by the legislative authority of a
county. They may be made to finance all or a portion of the
cost of construction, reconstruction, acquisition, or rehabilitation of housing that will be occupied by a person or family
of low income. As used in this section, "low income" means
income that does not exceed eighty percent of the median
income for the standard metropolitan statistical area in which
the county is located. Housing constructed with loans or
grants made under this section shall not be considered public
works or improvements subject to competitive bidding or a
36.32.415
(2008 Ed.)
36.32.450
purchase of services subject to the prohibition against
advance payment for services: PROVIDED, That whenever
feasible the borrower or grantee shall make every reasonable
and practicable effort to utilize a competitive public bidding
process. [1986 c 248 § 2.]
36.32.420 Youth agencies—Establishment authorized. See RCW 35.21.630.
36.32.420
36.32.425 Juvenile curfews. (1) The legislative authority of any county has the authority to enact an ordinance, for
the purpose of preserving the public safety or reducing acts of
violence by or against juveniles that are occurring at such
rates as to be beyond the capacity of the police to assure public safety, establishing times and conditions under which
juveniles may be present on the public streets, in the public
parks, or in any other public place during specified hours.
(2) The ordinance shall not contain any criminal sanctions for a violation of the ordinance. [1994 sp.s. c 7 § 504.]
36.32.425
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
36.32.430 Parks, may designate name of. The board
of county commissioners is authorized to designate the name
of any park established by the county. [1965 ex.s. c 76 § 3.]
36.32.430
Acquisition of property for park, recreational, viewpoint, greenbelt, conservation, historic, scenic, or view purposes: RCW 36.34.340.
36.32.435 Historic preservation—Authorization to
acquire property, borrow money, issue bonds, etc. Any
county may acquire title to or any interest in real and personal
property for the purpose of historic preservation and may
restore, improve, maintain, manage, and lease the property
for public or private use and may enter into contracts, borrow
money, and issue bonds and other obligations for such purposes. This authorization shall not expand the eminent
domain powers of counties. [1984 c 203 § 4.]
36.32.435
Severability—1984 c 203: See note following RCW 35.43.140.
36.32.440 Staff to aid in purchasing, poverty programs, parks, emergency services, budget, etc., authorized. The board of county commissioners of the several
counties may employ such staff as deemed appropriate to
serve the several boards directly in matters including but not
limited to purchasing, poverty and relief programs, parks and
recreation, emergency services, budgetary preparations set
forth in RCW 36.40.010-36.40.050, code enforcement and
general administrative coordination. Such authority shall in
no way infringe upon or relieve the county auditor of responsibilities contained in RCW *36.22.010(9) and 36.22.020.
[1974 ex.s. c 171 § 3; 1969 ex.s. c 252 § 3.]
36.32.440
*Reviser’s note: RCW 36.22.010 was amended by 1984 c 128 § 2,
changing subsection (9) to subsection (8); and was subsequently amended by
1995 c 194 § 1, changing subsection (8) to subsection (6).
36.32.450 Tourist promotion. Any county in this state
acting through its council or other legislative body shall have
power to expend moneys and conduct promotion of resources
and facilities in the county or general area by advertising,
publicizing, or otherwise distributing information for the pur36.32.450
[Title 36 RCW—page 79]
36.32.460
Title 36 RCW: Counties
pose of attracting visitors and encouraging tourist expansion.
[1971 ex.s. c 61 § 1.]
Findings—Severability—1995 c 243: See notes following RCW
80.36.555.
36.32.480 Emergency medical service districts—Creation authorized—Composition of governing body. (1) A
county legislative authority may adopt an ordinance creating
an emergency medical service district in all or a portion of the
unincorporated area of the county and, pursuant to subsection
(2) of this section, within the corporate limits of any city or
town. The ordinance may only be adopted after a public hearing has been held on the creation of such a district and the
county legislative authority makes a finding that it is in the
public interest to create the district.
An emergency medical service district shall be a quasimunicipal corporation and an independent taxing "authority"
within the meaning of Article 7, Section 1, Washington State
Constitution. Emergency medical service districts shall also
be "taxing authorities" within the meaning of Article 7, Section 2, Washington State Constitution.
An emergency medical service district shall have the
authority to provide emergency medical services.
(2) When any part of a proposed emergency medical service district includes an area within the corporate limits of a
city or town, the governing body of the city or town shall
approve the inclusion, and the county governing body shall
maintain a certified copy of the resolution of approval before
adopting an ordinance including the area.
(3) The members of the county legislative authority shall
compose the governing body of any emergency medical service district which is created within the county: PROVIDED,
That where an emergency medical service district includes an
area within the corporate limits of a city or town, the emergency medical service district may be governed as provided
in an interlocal agreement adopted pursuant to chapter 39.34
RCW. The voters of an emergency medical service district
must be registered voters residing within the service area.
[2000 c 31 § 1; 1979 ex.s. c 200 § 2.]
36.32.480
36.32.460 Employee safety award programs. The
board of county commissioners may establish an employee
safety award program to reward and encourage the safe performance of assigned duties by county employees.
The board may establish standards and regulations necessary or appropriate for the proper administration and for
otherwise accomplishing the purposes of such program.
The board may authorize every department head and
other officer of county government who oversees or directs
county employees to make the determination as to whether an
employee safety award will be made.
Such awards shall be made annually from the county
general fund by warrant on vouchers duly authorized by the
board according to the following schedule based upon safe
and accident-free performance:
36.32.460
5
10
15
20
25
30
years. . . . . . . . . . . . . . . . . . . . .
years. . . . . . . . . . . . . . . . . . . . .
years. . . . . . . . . . . . . . . . . . . . .
years. . . . . . . . . . . . . . . . . . . . .
years. . . . . . . . . . . . . . . . . . . . .
years. . . . . . . . . . . . . . . . . . . . .
$
2.50
5.00
7.50
10.00
12.50
20.00:
PROVIDED, That the board may give such department heads
and other officers overseeing and directing county employees
discretion to purchase a noncash award of equal value in lieu
of the cash award. If a noncash award is given the warrants
shall be made payable to the business enterprise from which
the noncash award is purchased.
However, safety awards made to persons whose safe and
accident-free performance has directly benefited the county
road system shall be made from the county road fund by warrant on vouchers duly authorized by the board. [1971 c 79 §
1.]
36.32.470 Fire protection, ambulance or other emergency services provided by municipal corporations within
county—Financial and other assistance authorized. The
legislative authority of any county shall have the power to
furnish, upon such terms as the board may deem proper, with
or without consideration, financial or other assistance to any
municipal corporation, or political subdivision within such
county for the purpose of implementing the fire protection,
ambulance, medical or other emergency services provided by
such municipal corporation, or political subdivision: PROVIDED, That no such municipal corporation or political subdivision shall be authorized to expend any funds or property
received as part of such assistance for any purpose, or in any
manner, for which it could not otherwise legally expend its
own funds. [1974 ex.s. c 51 § 1.]
36.32.470
Ambulance services may be provided by county: RCW 36.01.100.
36.32.475 Regulation of automatic number or location identification—Prohibited. No county may enact or
enforce an ordinance or regulation mandating automatic
number identification or automatic location identification for
a private telecommunications system or for a provider of private shared telecommunications services. [1995 c 243 § 8.]
36.32.475
[Title 36 RCW—page 80]
Severability—1979 ex.s. c 200: See note following RCW 84.52.069.
Levy for emergency medical care and services: RCW 84.52.069.
36.32.490 County freeholders—Method of filling
vacancies. Vacancies in the position of county freeholder
shall be filled with a person qualified for the position who is
appointed by majority action of the remaining county freeholders. [1984 c 163 § 1.]
36.32.490
36.32.510 Right-of-way donations—Credit against
required improvements. Where the zoning and planning
provisions of a county require landscaping, parking, or other
improvements as a condition to granting permits for commercial or industrial developments, the county may credit donations of right-of-way in excess of that required for traffic
improvement against such landscaping, parking, or other
requirements. [1987 c 267 § 10.]
36.32.510
Severability—1987 c 267: See RCW 47.14.910.
Right-of-way donations: Chapter 47.14 RCW.
36.32.520 Child care facilities—Review of need and
demand—Adoption of ordinances. If a county operating
under home rule charter zones pursuant to its inherent charter
36.32.520
(2008 Ed.)
County Commissioners
authority and not pursuant to chapter 35.63 RCW, nor chapter 36.70 RCW, and that county does not provide for the siting of family day care homes in zones or areas that are designated for single family or other residential uses, and for the
siting of mini-day care centers and day care centers in zones
or areas that are designated for any residential or commercial
uses, the county shall conduct a review of the need and
demand for child care facilities, including the cost of any
conditional or special use permit that may be required. The
review shall be completed by August 30, 1990. A copy of the
findings, conclusions, and recommendations resulting from
the review shall be sent to the *department of community
development by September 30, 1990.
On or before June 30, 1991, each municipality that plans
and zones under this chapter shall have adopted an ordinance
or ordinances that are necessary to implement the findings of
this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not
adopted. [1989 c 335 § 8.]
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic development were transferred to the department of community, trade, and economic
development by 1993 c 280, effective July 1, 1994.
Findings—Purpose—Severability—1989 c 335: See notes following
RCW 35.63.170.
Definitions for RCW 36.32.520: See RCW 35.63.170.
36.32.525 Conditional and special use permit applications by parties licensed or certified by the department
of social and health services or the department of corrections—Mediation prior to appeal required. A final decision by a hearing examiner involving a conditional or special
use permit application under a home-rule charter that is
requested by a party that is licensed or certified by the department of social and health services or the department of corrections is subject to mediation under RCW 35.63.260 before
an appeal may be filed. [1998 c 119 § 5.]
36.32.525
36.32.540 Settlement of Indian claims. (1) The settlement of Indian land and other claims against public and private property owners is declared to be in the interest of public
health and safety, orderly government, environmental protection, economic development, and the social well-being of the
citizens of this state, and to specifically benefit the properties
released from those claims.
It is the purpose of *this act to encourage the settlement
of such Indian land and other claims lawsuits by permitting
the establishment and use of local improvement districts to
finance all or a portion of the settlement costs of such lawsuits.
(2) A local improvement district may be established by a
county legislative authority to finance all or part of the settlement costs in an Indian land and other claims settlement
related to public and private property located within the
incorporated or unincorporated areas of the county. The settlement of an Indian land and other claims lawsuit shall be
deemed to be an improvement that may be financed in whole
or in part through use of a local improvement district.
(3) Except as expressly provided in this section, all matters relating to the establishment and operation of such a local
36.32.540
(2008 Ed.)
36.32.560
improvement district, the levying and collection of special
assessments, the issuance of local improvement district
bonds and other obligations, and all related matters, shall be
subject to the provisions of chapter 36.94 RCW concerning
the use of local improvement districts to finance sewer or
water facilities. The requirements of chapter 36.94 RCW
concerning the preparation of a general plan and formation of
a review committee shall not apply to a local improvement
district used to finance all or a portion of Indian land and
other claims settlements. The resolution or petition that initiates the creation of a local improvement district used to
finance all or a portion of an Indian land and other claims settlement shall describe the general nature of the Indian land
and other claims and the proposed settlement. The value of a
contribution by any person, municipal corporation, political
subdivision, or the state of money, real property, or personal
property to the settlement of Indian land and other claims
shall be credited to any assessment for a local improvement
district under this section. [1989 1st ex.s. c 4 § 3.]
*Reviser’s note: "This act" consists of the enactment of this section,
RCW 35.43.280, and an uncodified section.
Severability—1989 1st ex.s. c 4: See note following RCW 35.43.280.
36.32.550
36.32.550 Conformance with chapter 43.97 RCW
required. With respect to the National Scenic Area, as
defined in the Columbia River Gorge National Scenic Area
Act, P.L. 99-663, the exercise of any power or authority by a
county pursuant to this chapter shall be subject to and in conformity with the requirements of chapter 43.97 RCW, including the Interstate Compact adopted by RCW 43.97.015, and
with the management plan regulations and ordinances
adopted by the Columbia River Gorge commission pursuant
to the Compact. [1987 c 499 § 8.]
36.32.560
36.32.560 Home rule charter counties—Residential
care facilities—Review of need and demand—Adoption
of ordinances. If a county operating under home rule charter
zones pursuant to its inherent charter authority and not pursuant to chapter 35.63 RCW, nor chapter 36.70 RCW, and that
county does not provide for the siting of residential care facilities in zones or areas that are designated for single family or
other residential uses, the county shall conduct a review of
the need and demand for the facilities, including the cost of
any conditional or special use permit that may be required.
The review shall be completed by August 30, 1990. A copy
of the findings, conclusions, and recommendations resulting
from the review shall be sent to the *department of community development by September 30, 1990.
On or before June 30, 1991, each municipality that plans
and zones under this chapter shall have adopted an ordinance
or ordinances that are necessary to implement the findings of
this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not
adopted. [1989 c 427 § 40.]
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic development were transferred to the department of community, trade, and economic
development by 1993 c 280, effective July 1, 1994.
Severability—1989 c 427: See RCW 74.39.900.
[Title 36 RCW—page 81]
36.32.570
Title 36 RCW: Counties
36.32.570 Conservation area acquisition and maintenance. The legislative authority of each county may acquire
a fee simple interest, or lesser interest, in conservation areas
in the county and may maintain the conservation areas. The
conservation areas may be acquired and maintained with
moneys obtained from the excise tax under RCW 82.46.070,
or any other moneys available for such purposes.
As used in this section, the term "conservation area"
means land and water that has environmental, agricultural,
aesthetic, cultural, scientific, historic, scenic, or low-intensity
recreational value for existing and future generations, and
includes, but is not limited to, open spaces, wetlands,
marshes, aquifer recharge areas, shoreline areas, natural
areas, and other lands and waters that are important to preserve flora and fauna. [1990 1st ex.s. c 5 § 2.]
36.32.620 Abandoned or derelict vessels. A county
has the authority, subject to the processes and limitation outlined in chapter 79.100 RCW, to store, strip, use, auction,
sell, salvage, scrap, or dispose of an abandoned or derelict
vessel found on or above publicly or privately owned aquatic
lands within the jurisdiction of the county. [2002 c 286 § 17.]
Purpose—1990 1st ex.s. c 5: "The purpose of this act is to provide a
mechanism for the acquisition and maintenance of conservation areas
through an orderly process that is approved by the voters of a county. The
authorities provided in this act are supplemental, and shall not be construed
to limit otherwise existing authorities." [1990 1st ex.s. c 5 § 1.]
36.33.030
36.32.570
36.32.580 Home rule charter counties subject to limitations on moratoria, interim zoning controls. A charter
county that plans under the authority of its charter is subject
to the provisions of RCW 36.70.795. [1992 c 207 § 5.]
36.32.580
36.32.590 Building construction projects—County
prohibited from requiring state agencies or local governments to provide bond or other security as a condition for
issuance of permit. A county legislative authority may not
require any state agency or unit of local government to secure
the performance of a permit requirement with a surety bond
or other financial security device, including cash or assigned
account, as a condition of issuing a permit to that unit of local
government for a building construction project.
As used in this section, "building construction project"
includes, in addition to its usual meaning, associated landscaping, street alteration, pedestrian or vehicular access alteration, or other amenities or alterations necessarily associated
with the project. [1993 c 439 § 3.]
36.32.590
36.32.600 Amateur radio antennas—Local regulation to conform with federal law. No county shall enact or
enforce an ordinance or regulation that fails to conform to the
limited preemption entitled "Amateur Radio Preemption, 101
FCC 2nd 952 (1985)" issued by the federal communications
commission. An ordinance or regulation adopted by a county
with respect to amateur radio antennas shall conform to the
limited federal preemption, that states local regulations that
involve placement, screening, or height of antennas based on
health, safety, or aesthetic considerations must be crafted to
reasonably accommodate amateur communications, and to
represent the minimal practicable regulation to accomplish
the local authority’s legitimate purpose. [1994 c 50 § 3.]
36.32.600
Effective date—1994 c 50: See note following RCW 35.21.315.
36.32.610 Library capital facility areas authorized.
A county legislative authority may establish a library capital
facility area pursuant to chapter 27.15 RCW. [1995 c 368 §
8.]
36.32.610
Findings—1995 c 368: See RCW 27.15.005.
[Title 36 RCW—page 82]
36.32.620
Severability—Effective date—2002 c 286: See RCW 79.100.900 and
79.100.901.
Chapter 36.33
Chapter 36.33 RCW
COUNTY FUNDS
Sections
36.33.010
36.33.020
36.33.040
36.33.060
36.33.065
36.33.070
36.33.080
36.33.090
36.33.100
36.33.120
36.33.130
36.33.140
36.33.150
36.33.160
36.33.170
36.33.190
36.33.200
36.33.210
36.33.220
Current expense fund.
Cumulative reserve fund—Purposes—Election to allow other
specified use.
Cumulative reserve fund—Accumulation of, current expense
fund limits not to affect.
Cumulative reserve fund—Permissible uses of funds in.
Salary fund—Reimbursement.
Claims fund—Reimbursement.
Investment in warrants on tax refund fund.
Investment in warrants on tax refund fund—Procedure upon
purchase—Interest on.
Investment in warrants on tax refund fund—Breaking of warrants authorized.
Investment in warrants on tax refund fund—Purchased warrants as cash.
County lands assessment fund created—Levy for.
County lands assessment fund created—Purpose of fund.
County lands assessment fund created—Amount of levy.
County lands assessment fund created—Surplus from tax sales
to go into fund.
County lands assessment fund created—List of lands to be furnished.
County lands assessment fund created—Rentals may be
applied against assessments.
County lands assessment fund created—Disposal of bonds.
Election reserve fund.
Election reserve fund—Accumulation of fund—Transfers.
County road property tax revenues, expenditure for services
authorized.
Abandoned mining shafts and excavation violations, fines for as: RCW
78.12.050.
Assessments and taxes, prepayment and deposit of: RCW 36.32.120.
Authorized for
air pollution control: Chapter 70.94 RCW.
airport purposes: Chapters 14.07, 14.08 RCW.
validation of funds spent: RCW 14.08.070.
combined city-county health department: RCW 70.08.080.
prior expenditures validated: RCW 70.08.110.
flood control zone districts: RCW 86.15.150, 86.15.160, 86.15.180.
housing cooperation law: Chapter 35.83 RCW.
legal aid: Chapter 2.50 RCW.
mosquito control: Chapter 70.22 RCW.
public utility district election costs: RCW 54.08.041.
railroad crossing signals, warning devices: RCW 81.53.271 through
81.53.281.
river and harbor improvement district joint board expenses: RCW
88.32.220.
toll bridges, tunnels, and ferries: Chapter 47.56 RCW.
traffic schools: RCW 46.83.030.
transcripts of testimony forma pauperis: RCW 2.32.240.
Billiard tables, licensing of, receipts as: RCW 67.14.120.
Bonds, notes of port district toll facility as investment for: RCW 53.34.150.
Bonds for capitol building purposes, as investment for: RCW 79.24.150 and
chapter 43.83 RCW.
Bonds of federal agencies as investment for: Chapter 39.60 RCW.
Bonds of housing authority as investment for: RCW 35.82.220.
Bonds to build schools as investment for: Chapter 28A.525 RCW.
Bowling alleys, licensing of, receipts as: RCW 67.14.120.
(2008 Ed.)
County Funds
County law library fund: RCW 27.24.070, 27.24.090.
County road fund
illegal use of, department of transportation to investigate; penalties: RCW
47.08.100, 47.08.110.
moneys from may be paid on establishing, constructing, etc., of streets:
RCW 35.77.030.
surplus, unclaimed money in public waterway district funds to go into:
RCW 91.08.610, 91.08.620.
traffic control devices to be paid from: RCW 47.36.040.
County school funds: Chapter 28A.545 RCW.
apportionment of: Chapter 28A.150 RCW.
penalties collected paid into: RCW 6.17.120.
violations and penalties applicable to: RCW 28A.635.050, 28A.635.070.
County tax refund fund: RCW 84.68.030.
Disposition of off-road vehicle moneys: RCW 46.09.110.
Distribution of snowmobile registration fees: RCW 46.10.080.
Employee safety award program, funds affected: RCW 36.32.460.
36.33.030
purpose. [1963 c 4 § 36.33.010. Prior: 1945 c 85 § 1; Rem.
Supp. 1945 § 5634-1.]
Moneys paid from for
disinfection of horticultural premises: Chapter 15.08 RCW.
public health pooling fund: RCW 70.12.040.
weed district taxes on county lands: RCW 17.04.180.
Moneys paid into from
disinfection of horticultural premises tax: RCW 15.08.170.
horticultural tax funds: RCW 15.08.260.
motor vehicle fuel tax violation fines: RCW 82.36.420.
motor vehicle use tax collection fees: RCW 82.12.045.
registration of land titles fees: RCW 65.12.800.
unclaimed property in hands of sheriff, sale of: RCW 63.40.030.
use tax on motor vehicles, auditor’s collection fees: RCW 82.12.045.
vehicle licensing handling fees: RCW 46.01.140.
violations bureau funds: RCW 3.30.090.
Fiscal agent for counties: Chapter 43.80 RCW.
Flood control maintenance fund: RCW 86.26.070.
Forest reserve funds, distribution of: RCW 28A.520.010 and 28A.520.020.
Game and game fish law, fines from violations as: RCW 77.12.170.
Horticultural tax receipts as: Chapter 15.08 RCW.
Indigent soldiers’ relief funds, veterans meeting place rent paid from: RCW
73.04.080.
Intercounty river improvement fund: RCW 86.13.030.
Liquor
excise tax fund moneys as: RCW 82.08.170.
law violation receipts as: RCW 66.44.010.
licensing sale of, receipts as: RCW 67.14.120.
revolving fund moneys as: Chapter 66.08 RCW.
Metropolitan municipal corporation fund: RCW 35.58.430.
Mineral and petroleum leases, moneys as: RCW 78.16.050.
Moneys paid into from
general tax levy for road fund: RCW 36.82.040.
television reception improvement districts: Chapter 36.95 RCW.
Motor vehicle fuel tax moneys as: RCW 82.36.020, 82.36.100, 82.36.420.
Motor vehicle funds allocated to counties
distribution of: RCW 46.68.120.
generally: Chapter 46.68 RCW.
Motor vehicle licensing fees for oversize or overweight movements paid to
county, when: RCW 46.44.096.
Public assistance moneys, allocation to counties: Chapter 74.04 RCW.
Public health funds (county): Chapter 70.12 RCW.
Public health pooling fund: RCW 70.12.030 through 70.12.070.
Public utility district privilege taxes as: Chapter 54.28 RCW.
Reforestation lands proceeds as: RCW 79.22.040, 79.22.050.
Registration of land titles, disposition of fees: RCW 65.12.800.
Reserve fund for labor, material or tax liens on public works: Chapter 60.28
RCW.
River improvement fund
flood control maintenance account: RCW 86.12.010, 86.12.020.
generally: Chapter 86.12 RCW.
Sale of stock found in stock restricted area, proceeds as: RCW 16.24.070.
Taxes for city and town purposes: State Constitution Art. 11 § 12.
Teachers’ institute fund: RCW 28A.410.060.
Tuberculosis funds, moneys to go into: RCW 70.30.045.
Witness fees of county officers as: RCW 42.16.030.
36.33.010 Current expense fund. Every county shall
maintain a current expense fund to which shall be credited all
taxes levied for that purpose and all fees collected, fines
assessed, and forfeitures adjudged in the county the proceeds
of which have not been specifically allocated to any other
36.33.010
(2008 Ed.)
36.33.020 Cumulative reserve fund—Purposes—
Election to allow other specified use. Any board of county
commissioners may establish by resolution a cumulative
reserve fund in general terms for several different county purposes as well as for a very specific county purpose, including
that of buying any specified supplies, material or equipment,
or the construction, alteration or repair of any public building
or work, or the making of any public improvement. The resolution shall designate the fund as "cumulative reserve fund
for . . . . . . (naming the purpose or purposes for which the
fund is to be accumulated and expended)." The moneys in
said fund may be allowed to accumulate from year to year
until the board of county commissioners of the county shall
determine to expend the moneys in the fund for the purpose
or purposes specified: PROVIDED, That any moneys in said
fund shall never be expended for any other purpose or purposes than those specified, without an approving vote by a
majority of the electors of the county at a general or special
election to allow other specified uses to be made of said fund.
[1963 c 4 § 36.33.020. Prior: 1961 c 172 § 1; 1945 c 51 § 1;
Rem. Supp. 1945 § 5634-10.]
36.33.020
36.33.030 Cumulative reserve fund—Accumulation
of, current expense fund limits not to affect. An item for
said cumulative reserve fund may be included in the county’s
annual budget or estimate of amounts required to meet public
expense for the ensuing year and a tax levy made within the
limits and as authorized by law for said item; and said item
and levy may be repeated from year to year until, in the judgment of the board of county commissioners of the county the
amount required for the specified purpose or purposes has
been raised or accumulated. The board of county commissioners may accept gifts or bequests for the cumulative
reserve fund and may make transfers from the current
expense fund to the cumulative reserve fund. Any moneys in
said fund at the end of the fiscal year shall not lapse nor shall
the same be a surplus available or which may be used for any
other purpose or purposes than those specified, except as
herein provided, nor shall moneys in said fund be considered
when computing the limitations on cash balances set out in
section 4, chapter 164, Laws of 1923 as last amended by section 1, chapter 145, Laws of 1943 and RCW 36.40.090.
[1963 c 4 § 36.33.030. Prior: 1961 c 172 § 2; 1945 c 51 § 2;
Rem. Supp. 1945 § 5634-11.]
36.33.030
[Title 36 RCW—page 83]
36.33.040
Title 36 RCW: Counties
36.33.040 Cumulative reserve fund—Permissible
uses of funds in. No money in any cumulative reserve fund
shall be used for any purpose other than that for which the
fund was created except:
(1) If the purpose of the creation of a cumulative reserve
fund has been accomplished by the completion of the proposed building or improvement, the balance remaining in the
fund may be transferred to any other cumulative reserve fund
or to the county current expense fund by order of the board.
(2) If the purpose of the creation of a cumulative reserve
fund ceases to exist or is abandoned, the fund or any part
thereof, may be transferred to any other cumulative reserve
fund or to the county current expense fund by order of the
board after a public hearing thereon pursuant to a notice by
publication: PROVIDED, That if the amount to be transferred exceeds fifty thousand dollars, no transfer may be
made until authorized by a majority of the voters of the
county voting upon the question at an election. [1963 c 4 §
36.33.040. Prior: 1945 c 51 § 3; Rem. Supp. 1945 § 563412.]
36.33.040
36.33.060 Salary fund—Reimbursement. The county
legislative authority of each county with a population of one
hundred twenty-five thousand or more shall establish a salary
fund to be used for paying the salaries and wages of all officials and employees. The county legislative authority of any
other county may establish such a salary fund. Said salary
fund shall be reimbursed from any county funds or other
funds under the jurisdiction or control of the county treasurer
or county auditor budgeted for salaries and wages. The
deposits shall be made in the exact amount of the payroll or
vouchers paid from the salary fund. [1991 c 363 § 64; 1973
1st ex.s. c 38 § 1; 1971 ex.s. c 214 § 1; 1963 c 4 § 36.33.060.
Prior: 1961 c 273 § 1; prior: (i) 1935 c 94 § 1; 1933 ex.s. c
14 § 1; RRS § 4201-1. (ii) 1933 ex.s. c 14 § 2; RRS § 4201-2.
(iii) 1933 ex.s. c 14 § 3; RRS § 4201-3.]
36.33.060
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.33.065 Claims fund—Reimbursement. The
county legislative authority of any county may establish by
resolution a fund to be known as the claims fund, which shall
be used for paying claims against the county. Such claims
fund shall be reimbursed from any county funds or other
funds under the jurisdiction or control of the county treasurer
or county auditor budgeted for such expenditures. The deposits shall be made in the exact amount of the vouchers paid
from the claims fund. [1991 c 363 § 65; 1973 1st ex.s. c 38 §
2; 1971 ex.s. c 214 § 2.]
36.33.065
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.33.070 Investment in warrants on tax refund
fund. Whenever the county treasurer deems it expedient and
for the best interests of the county he may invest any moneys
in the county current expense fund in outstanding warrants on
the county tax refund fund in the following manner: When he
has determined the amount of moneys in the county current
expense fund available for investment, he shall call, in the
order of their issuance, a sufficient number of warrants drawn
on the county tax refund fund as nearly as possible equaling
36.33.070
[Title 36 RCW—page 84]
in amount but not exceeding the moneys to be invested, and
upon presentation and surrender thereof he shall pay to the
holders of such warrants the face amount thereof and the
accrued interest thereon out of moneys in the county current
expense fund. [1963 c 4 § 36.33.070. Prior: 1943 c 61 § 1;
Rem. Supp. 1943 § 5545-10.]
36.33.080 Investment in warrants on tax refund
fund—Procedure upon purchase—Interest on. Upon
receipt of any such warrant on the tax refund fund the county
treasurer shall enter the principal amount thereof, and
accrued interest thereon, as a suspense credit upon his
records, and shall hold the warrant until it with interest, if
any, is paid in due course out of the county tax refund fund,
and upon such payment, the amount thereof shall be restored
to the county current expense fund. The refund warrants held
by the county treasurer shall continue to draw interest until
the payment thereof out of the county tax refund fund, which
interest accruing subsequent to acquisition of the warrants by
the county treasurer shall be paid into the county current
expense fund. [1963 c 4 § 36.33.080. Prior: 1943 c 61 § 2;
Rem. Supp. 1943 § 5545-11.]
36.33.080
36.33.090 Investment in warrants on tax refund
fund—Breaking of warrants authorized. Whenever it
appears to the county treasurer that the face amount plus
accrued interest of the tax refund warrant next eligible for
investment exceeds by one hundred dollars the amount of
moneys in the county current expense fund available for
investment, the county treasurer may notify the warrant
holder who shall thereupon apply to the county auditor for the
breaking of the warrant and the county auditor upon such
application shall take up the original warrant and reissue, as
of the date which the original warrant bears, two new refund
warrants one of which shall be in an amount approximately
equaling, with accrued interest, the amount of moneys in the
county current expense fund determined by the county treasurer to be available for investment. The new warrants when
issued shall be callable and payable in the same order with
respect to other outstanding tax refund warrants as the original warrant in lieu of which the new warrants were issued.
[1963 c 4 § 36.33.090. Prior: 1943 c 61 § 3; Rem. Supp. 1943
§ 5545-12.]
36.33.090
36.33.100 Investment in warrants on tax refund
fund—Purchased warrants as cash. In making settlements
of accounts between outgoing and incoming county treasurers, any county tax refund warrant in which money in the
county current expense fund has been invested shall be
deemed in every way the equivalent of cash and shall be
receipted for by the incoming county treasurer as such. [1963
c 4 § 36.33.100. Prior: 1943 c 61 § 4; Rem. Supp. 1943 §
5545-13.]
36.33.100
36.33.120 County lands assessment fund created—
Levy for. The boards of county commissioners may annually levy a tax upon all taxable property in the county, for the
purpose of creating a fund to be known as "county lands
assessment fund." [1963 c 4 § 36.33.120. Prior: 1929 c 193
§ 1; RRS § 4027-1.]
36.33.120
(2008 Ed.)
County Funds
36.33.130 County lands assessment fund created—
Purpose of fund. The county lands assessment fund may be
expended by the county commissioners to pay in full or in
part, any assessment or installment of assessments of drainage improvement districts, diking improvement districts, or
districts formed for the foregoing purposes, or assessments
for road improvements, falling due against lands in the year
when such lands are acquired by the county or while they are
owned by the county, including lands acquired by the county
for general purposes; also lands which have been acquired by
the county by foreclosure of general taxes. Payment may be
made of such assessments, or installments thereof, against
such lands or classes of lands, and in such districts or classes
of districts as the county commissioners deem advisable. No
payment shall be made of any assessments or installments of
assessments falling due prior to the year in which the lands
were acquired by the county, nor shall any assessments be
paid in advance of the time when they fall due. Assessments
for maintenance and operation of dikes, drains, or other
improvements of districts falling due upon such lands while
owned by the county, may be paid without the payment of
assessments or installments thereof for construction of the
improvements, if the county commissioners elect so to do.
[1963 c 4 § 36.33.130. Prior: 1929 c 193 § 2; RRS § 4027-2.]
36.33.130
36.33.140 County lands assessment fund created—
Amount of levy. The amount of the levy in any year for the
county lands assessment fund shall not exceed the estimated
amount needed over and above all moneys on hand in the
fund, to pay the aggregate amount of such assessments falling
due against the lands in the ensuing year; and in no event
shall the levy exceed twelve and one-half cents per thousand
dollars of assessed value upon all taxable property in the
county. [1973 1st ex.s. c 195 § 31; 1963 c 4 § 36.33.140.
Prior: 1929 c 193 § 3; RRS § 4027-3.]
36.33.140
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
36.33.150 County lands assessment fund created—
Surplus from tax sales to go into fund. Into the county
lands assessment fund shall also be paid any surplus moneys
from the sale by the county, pursuant to foreclosure of real
estate taxes, of any lands lying in any district formed for diking or drainage purposes or for assessment of road improvements, over and above the amount necessary to redeem the
general taxes and other assessments against them, as required
by law. Any surplus from any county levy for the fund, unexpended in any year, shall be carried forward in the fund to the
next year. [1963 c 4 § 36.33.150. Prior: 1929 c 193 § 4; RRS
§ 4027-4.]
36.33.150
36.33.160 County lands assessment fund created—
List of lands to be furnished. Upon request the county treasurer shall furnish to the county legislative authority a list of
all lands owned by the county, together with the amounts levied as assessments and the district in or by which such assessments are levied, against each description of the lands, as it
appears on the assessment roll of the district. On or before the
first day of August of each year, upon request, the treasurer
shall furnish to the county legislative authority a similar list
of all land owned by the county and subject to any such
36.33.160
(2008 Ed.)
36.33.220
assessments, together with the amounts of any installment of
assessments falling due against any of such lands in the ensuing year and an estimate of any maintenance or other assessments to be made against same to fall due in the ensuing year.
[1991 c 245 § 9; 1963 c 4 § 36.33.160. Prior: 1929 c 193 § 5;
RRS § 4027-5.]
36.33.170 County lands assessment fund created—
Rentals may be applied against assessments. Moneys
received as rentals of irrigated lands may be applied to the
payment of current irrigation charges or assessments against
the land. [1963 c 4 § 36.33.170. Prior: 1929 c 193 § 6; RRS
§ 4027-6.]
36.33.170
36.33.190 County lands assessment fund created—
Disposal of bonds. The county treasurer shall cash any
United States bonds owned by the county as they mature or,
with the approval of the state finance committee and of the
county finance committee, he may at any time sell them. In
either event he must return the proceeds into the treasury.
[1963 c 4 § 36.33.190. Prior: 1937 c 209 § 2; RRS § 564612.]
36.33.190
36.33.200 Election reserve fund. The board of county
commissioners may establish an election reserve fund for the
payment of expenses of conducting regular and special state
and county elections and compensation of election and registration officers and annually budget and levy a tax therefor. It
may also make transfers into the election reserve fund from
the current expense fund and receive funds for such purposes
from cities, school districts and other subdivisions. [1963 c 4
§ 36.33.200. Prior: 1955 c 48 § 1.]
36.33.200
36.33.210 Election reserve fund—Accumulation of
fund—Transfers. The limits placed upon the amount to be
accumulated in the current expense fund shall not affect the
election reserve fund nor shall the existence of the election
reserve fund affect the amount which may be accumulated in
the current expense fund, nor shall any unexpended balance
in the election reserve fund at the end of any budget year
revert to the current expense fund but shall be carried forward
in the election reserve fund to be used for the purposes for
which the fund was created: PROVIDED, That at a regular
session, the county commissioners may transfer any surplus
in said fund to the current expense fund, if they deem it expedient to do so. [1963 c 4 § 36.33.210. Prior: 1955 c 48 § 2.]
36.33.210
36.33.220 County road property tax revenues, expenditure for services authorized. The legislative authority of
any county may budget, in accordance with the provisions of
chapter 36.40 RCW, and expend any portion of the county
road property tax revenues for any service to be provided in
the unincorporated area of the county notwithstanding any
other provision of law, including chapter 36.82 RCW and
RCW 84.52.050 and 84.52.043. County road property tax
revenues that are diverted under chapter 39.89 RCW may be
expended as provided under chapter 39.89 RCW. [2001 c
212 § 25; 1973 1st ex.s. c 195 § 142; 1973 1st ex.s. c 195 §
32; 1971 ex.s. c 25 § 1.]
36.33.220
Severability—2001 c 212: See RCW 39.89.902.
[Title 36 RCW—page 85]
Chapter 36.33A
Title 36 RCW: Counties
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
Severability—1971 ex.s. c 25: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 ex.s. c 25 § 4.]
Chapter 36.33A RCW
EQUIPMENT RENTAL AND REVOLVING FUND
Chapter 36.33A
Sections
36.33A.010 Equipment rental and revolving fund—Establishment—Purposes.
36.33A.020 Use of fund by other offices, departments or agencies.
36.33A.030 Administration of fund.
36.33A.040 Rates for equipment rental.
36.33A.050 Deposits in fund.
36.33A.060 Accumulated moneys.
36.33A.010 Equipment rental and revolving fund—
Establishment—Purposes. Every county shall establish, by
resolution, an "equipment rental and revolving fund", hereinafter referred to as "the fund", in the county treasury to be
used as a revolving fund for the purchase, maintenance, and
repair of county road department equipment; for the purchase
of equipment, materials, supplies, and services required in the
administration and operation of the fund; and for the purchase or manufacture of materials and supplies needed by the
county road department. [1977 c 67 § 1.]
36.33A.010
36.33A.020 Use of fund by other offices, departments
or agencies. The legislative body of any county may authorize, by resolution, the use of the fund by any other office or
department of the county government or any other governmental agency for similar purposes. [1977 c 67 § 2.]
36.33A.020
36.33A.030 Administration of fund. With the
approval of the county legislative body, the county engineer,
or other appointee of the county legislative body, shall
administer the fund and shall be responsible for establishing
the terms and charges for the sale of any material or supplies
which have been purchased, maintained, or manufactured
with moneys from the fund. The terms and charges shall be
set to cover all costs of purchasing, storing, and distributing
the material or supplies, and may be amended as considered
necessary. [1977 c 67 § 3.]
36.33A.030
36.33A.040 Rates for equipment rental. Rates for the
rental of equipment owned by the fund shall be set to cover
all costs of maintenance and repair, material and supplies
consumed in operating or maintaining the equipment, and the
future replacement thereof. The rates shall be determined by
the county engineer or other appointee of the county legislative body and shall be subject to annual review by the legislative body. This section does not restrict the ability of the
county road administration board to directly inquire into the
process of setting rental rates while performing its statutory
oversight responsibility. [2007 c 195 § 1; 1977 c 67 § 4.]
36.33A.040
36.33A.050 Deposits in fund. The legislative authority
of the county may, from time to time, place moneys in the
fund from any source lawfully available to it and may transfer
36.33A.050
[Title 36 RCW—page 86]
equipment, materials, and supplies of any office or department to the equipment rental and revolving fund with or without charge consistent with RCW 43.09.210. Charges for the
rental of equipment and for providing materials, supplies, and
services to any county office or department shall be paid
monthly into the fund. Proceeds received from other governmental agencies for similar charges and from the sale of
equipment or other personal property owned by the equipment rental and revolving fund, which is no longer of any
value to or needed by the county, shall be placed in the fund
as received. [1977 c 67 § 5.]
36.33A.060 Accumulated moneys. Moneys accumulated in the equipment rental and revolving fund shall be
retained therein from year to year; shall be used only for the
purposes stated in this chapter; and shall be subject to the
budgetary regulations in chapter 36.40 RCW. [1977 c 67 §
6.]
36.33A.060
Chapter 36.34
Chapter 36.34 RCW
COUNTY PROPERTY
Sections
36.34.005
36.34.010
36.34.020
36.34.030
36.34.040
36.34.050
36.34.060
36.34.070
36.34.080
36.34.090
36.34.100
36.34.110
36.34.120
36.34.130
36.34.135
36.34.137
36.34.140
36.34.145
36.34.150
36.34.160
36.34.170
36.34.180
36.34.190
36.34.192
36.34.200
36.34.205
36.34.210
36.34.220
36.34.230
36.34.240
36.34.250
36.34.260
36.34.270
36.34.280
36.34.290
36.34.300
36.34.310
Establishment of comprehensive procedures for management
of county property authorized—Exemption from chapter.
Authority to sell—May sell timber, minerals separately—Mineral reservation.
Publication of notice of intention to sell.
Requirements of notice—Posting.
Public hearing.
Findings and determination—Minimum price.
Sales of personalty.
Sales and purchases of equipment—Trade-ins.
Sales to be at public auction.
Notice of sale.
Notice of sale—Requirements of.
Disposition of proceeds.
Used equipment sales.
Intergovernmental sales.
Leases of county property—Affordable housing.
Affordable housing—Inventory of suitable property.
Leases of county property—Airports.
Leases of county property to nonprofit organizations for agricultural fairs.
Application to lease—Deposit.
Notice of intention to lease.
Objections to leasing.
Lease terms.
Lease to highest responsible bidder.
Application of RCW 36.34.150 through 36.34.190 to certain
service provider agreements under chapter 70.150 RCW.
Execution of lease agreement.
Lease of building space—Counties with a population of one
million or more.
Forest lands may be conveyed to United States.
Lease or conveyance to United States for flood control, navigation, and allied purposes.
Lease or conveyance to United States for flood control, navigation, and allied purposes—State consents to conveyance.
Lease or conveyance to United States for flood control, navigation, and allied purposes—Cession of jurisdiction.
Lease or conveyance to the state or to United States for military, housing, and other purposes.
Lease or conveyance to the state or to United States for military, housing, and other purposes—Procedure.
Lease or conveyance to the state or to United States for military, housing, and other purposes—Execution of instrument
of transfer.
Conveyance to municipality.
Dedication of county land for streets and alleys.
Dedication of county land for streets and alleys—Execution of
dedication—Effective date.
Long term leases to United States.
(2008 Ed.)
County Property
36.34.320
36.34.330
36.34.340
36.34.355
Executory conditional sales contracts for purchase of property—Limit on indebtedness—Election, when.
Exchange for privately owned real property of equal value.
May acquire property for park, recreational, viewpoint, greenbelt, conservation, historic, scenic, or view purposes.
Chapter not applicable to certain transfers of property.
Acquisition and operation of public cemeteries and funeral facilities: Chapter 68.52 RCW.
Eminent domain by state of county property: Chapter 8.04 RCW.
Federal areas on
generally: Chapters 37.08, 37.16 RCW.
Indians and Indian lands, jurisdiction: Chapter 37.12 RCW.
King county
Auburn general depot: RCW 37.08.260.
Lake Washington ship canal: RCW 37.08.240, 37.08.250.
military installations (permanent United States), county aid in acquisition
of land for: Chapter 37.16 RCW.
Flood control by counties jointly, lease or sale of property: RCW 86.13.100.
Industrial development districts, transfer of county lands to: Chapter 53.25
RCW.
Local improvement assessments against county lands: RCW 35.44.140,
35.49.070.
Mineral and petroleum leases on county lands: Chapter 78.16 RCW.
Property subject to diking, drainage or sewerage improvement assessments,
resale or lease by county: RCW 85.08.500.
Rights-of-way over by diking districts: RCW 85.05.080.
Tax liens, property, county acquisitions as subject to: RCW 84.60.050.
Television reception improvement district dissolution, disposition of property: RCW 36.95.200.
Underground storage of natural gas, lease of county lands for: RCW
80.40.070.
36.34.005 Establishment of comprehensive procedures for management of county property authorized—
Exemption from chapter. Pursuant to public notice and
hearing, any county may establish comprehensive procedures
for the management of county property consistent with the
public interest and counties establishing such procedures
shall be exempt from the provisions of chapter 36.34 RCW:
PROVIDED, That all counties shall retain all powers now or
hereafter granted by chapter 36.34 RCW. [1973 1st ex.s. c
196 § 1.]
36.34.005
36.34.010 Authority to sell—May sell timber, minerals separately—Mineral reservation. Whenever it appears
to the board of county commissioners that it is for the best
interests of the county and the taxing districts and the people
thereof that any part or parcel, or portion of such part or parcel, of property, whether real, personal, or mixed, belonging
to the county, including tax title land, should be sold, the
board shall sell and convey such property, under the limitations and restrictions and in the manner hereinafter provided.
In making such sales the board of county commissioners
may sell any timber, mineral, or other resources on any land
owned by the county separate and apart from the land in the
same manner and upon the same terms and conditions as provided in this chapter for the sale of real property.
The board of county commissioners may reserve mineral
rights in such land and, if such reservation is made, any conveyance of the land shall contain the following reservation:
"The party of the first part hereby expressly saves,
excepts, and reserves out of the grant hereby made, unto
itself, its successors, and assigns, forever, all oils, gases,
coals, ores, minerals, gravel, timber, and fossils of every
36.34.010
(2008 Ed.)
36.34.020
name, kind, or description, and which may be in or upon said
lands above described; or any part thereof, and the right to
explore the same for such oils, gases, coals, ores, minerals,
gravel, timber and fossils; and it also hereby expressly saves
and reserves out of the grant hereby made, unto itself, its successors, and assigns, forever, the right to enter by itself, its
agents, attorneys, and servants upon said lands, or any part or
parts thereof, at any and all times, for the purpose of opening,
developing, and working mines thereon, and taking out and
removing therefrom all such oils, gases, coal, ores, minerals,
gravel, timber, and fossils, and to that end it further expressly
reserves out of the grant hereby made, unto itself, its successors, and assigns, forever, the right by it or its agents, servants, and attorneys at any and all times to erect, construct,
maintain, and use all such buildings, machinery, roads and
railroads, sink such shafts, remove such oil, and to remain on
said lands or any part thereof, for the business of mining and
to occupy as much of said lands as may be necessary or convenient for the successful prosecution of such mining business, hereby expressly reserving to itself, its successors, and
assigns, as aforesaid, generally, all rights and powers in, to,
and over said land, whether herein expressed or not, reasonably necessary or convenient to render beneficial and efficient the complete enjoyment of the property and the rights
hereby expressly reserved."
No rights shall be exercised under the foregoing reservation until provision has been made to pay to the owner of the
land upon which the rights reserved are sought to be exercised, full payment for all damages sustained by reason of
entering upon the land: PROVIDED, That if the owner for
any cause refuses or neglects to settle the damages, the
county, its successors, or assigns, or any applicant for a lease
or contract from the county for the purpose of prospecting for
or mining valuable minerals, or operation contract, or lease,
for mining coal, or lease for extracting petroleum or natural
gas, shall have the right to institute such legal proceedings in
the superior court of the county wherein the land is situated,
as may be necessary to determine the damages which the
owner of the land may suffer. Any of the reserved minerals or
other resources not exceeding two hundred dollars in value
may be sold, when the board deems it advisable, either with
or without publication of notice of sale, and in such manner
as the board may determine will be most beneficial to the
county. [1963 c 4 § 36.34.010. Prior: 1945 c 172 § 3; 1943 c
19 § 1; 1891 c 76 § 1; Rem. Supp. 1945 § 4007.]
36.34.020 Publication of notice of intention to sell.
Whenever the county legislative authority desires to dispose
of any county property except:
(1) When selling to a governmental agency;
(2) When personal property to be disposed of is to be
traded in upon the purchase of a like article;
(3) When the value of the property to be sold is less than
two thousand five hundred dollars;
(4) When the county legislative authority by a resolution
setting forth the facts has declared an emergency to exist;
it shall publish notice of its intention so to do once each week
during two successive weeks in a legal newspaper of general
circulation in the county. [1991 c 363 § 66; 1985 c 469 § 45;
1967 ex.s. c 144 § 1; 1963 c 4 § 36.34.020. Prior: 1945 c 254
36.34.020
[Title 36 RCW—page 87]
36.34.030
Title 36 RCW: Counties
§ 1; Rem. Supp. 1945 § 4014-1; prior: 1891 c 76 § 2, part;
RRS § 4008, part.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1967 ex.s. c 144: See note following RCW 36.900.030.
36.34.030 Requirements of notice—Posting. The
notice of hearing on the proposal to dispose of any county
property must particularly describe the property or portion
thereof proposed to be sold and designate the place where and
the day and hour when a hearing will be held thereon and be
posted in a conspicuous place in the courthouse. Both posting
and the date of first publication must be at least ten days
before the day set for the hearing. [1963 c 4 § 36.34.030.
Prior: 1945 c 254 § 2; Rem. Supp. 1945 § 4014-2; prior:
1891 c 76 § 2, part; RRS § 4008, part.]
36.34.030
36.34.040 Public hearing. The board shall hold a public hearing upon a proposal to dispose of county property at
the day and hour fixed in the notice at its usual place of business and admit evidence offered for and against the propriety
and advisability of the proposed action. Any taxpayer in person or by counsel may submit evidence and submit an argument, but the board may limit the number to three on a side.
[1963 c 4 § 36.34.040. Prior: 1945 c 254 § 3; Rem. Supp.
1945 § 4014-3; prior: 1891 c 76 § 2, part; RRS § 4008, part.]
36.34.040
36.34.050 Findings and determination—Minimum
price. Within three days after the hearing upon a proposal to
dispose of county property, the county legislative authority
shall make its findings and determination thereon and cause
them to be spread upon its minutes and made a matter of
record. The county legislative authority may set a minimum
sale price on property that is proposed for sale. [1991 c 363
§ 67; 1963 c 4 § 36.34.050. Prior: 1945 c 254 § 4; Rem.
Supp. 1945 § 4014-4; prior: 1891 c 76 § 3; RRS § 4009.]
36.34.050
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.34.060 Sales of personalty. Sales of personal property must be for cash except:
(1) When property is transferred to a governmental
agency;
(2) When the county property is to be traded in on the
purchase of a like article, in which case the proposed cash
allowance for the trade-in must be part of the proposition to
be submitted by the seller in the transaction. [1963 c 4 §
36.34.060. Prior: 1945 c 254 § 5; Rem. Supp. 1945 § 40145; prior: 1915 c 8 § 1, part; 1891 c 76 § 5, part; RRS § 4011,
part.]
36.34.060
will be sold or traded in on the same day and hour that the
bids on the new equipment are opened. Any bidder on the
new equipment may include in his offer to sell, an offer to
accept the used equipment as a part payment of the new
equipment purchase price, setting forth the amount of such
allowance.
In determining the lowest and best bid on the new equipment the board shall consider the net cost to the county of
such new equipment after trade-in allowances have been
deducted. The board may accept the new equipment bid of
any bidder without trading in the used equipment but may not
require any such bidder to purchase the used equipment without awarding the bidder the new equipment contract. Nothing
in this section shall bar anyone from making an offer for the
purchase of the used equipment independent of a bid on the
new equipment and the board shall consider such offers in
relation to the trade-in allowances offered to determine the
net best sale and purchase combination for the county. [1963
c 4 § 36.34.070. Prior: 1945 c 254 § 6; Rem. Supp. 1945 §
4014-6.]
36.34.080 Sales to be at public auction. All sales of
county property ordered after a public hearing upon the proposal to dispose thereof must be supervised by the county
treasurer and may be sold at a county or other government
agency’s public auction, at a privately operated consignment
auction that is open to the public, or by sealed bid to the highest and best bidder meeting or exceeding the minimum sale
price as directed by the county legislative authority. [1993 c
8 § 1. Prior: 1991 c 363 § 68; 1991 c 245 § 10; 1965 ex.s. c
23 § 1; 1963 c 4 § 36.34.080; prior: 1945 c 254 § 7; Rem.
Supp. 1945 § 4014-7; prior: 1891 c 76 § 4, part; RRS § 4010,
part.]
36.34.080
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Public auction sales, where held: RCW 36.16.140.
36.34.090 Notice of sale. Whenever county property is
to be sold at public auction, consignment auction, or sealed
bid, the county treasurer or the county treasurer’s designee
shall publish notice thereof once during each of two successive calendar weeks in a newspaper of general circulation in
the county. Notice thereof must also be posted in a conspicuous place in the courthouse. The posting and date of first publication must be at least ten days before the day fixed for the
sale. [1997 c 393 § 5; 1991 c 363 § 69; 1985 c 469 § 46; 1963
c 4 § 36.34.090. Prior: 1945 c 254 § 8; Rem. Supp. 1945 §
4014-8; prior: 1891 c 76 § 4, part; RRS § 4010, part.]
36.34.090
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.34.100 Notice of sale—Requirements of. The
notice of sale of county property by auction sale must particularly describe the property to be sold and designate the day
and hour and the location of the auction sale. The notice of
sale of county property by sealed bid must describe the property to be sold, designate the date and time after which the
bids are not received, the location to turn in the sealed bid,
and the date, time, and location of the public meeting of the
county legislative authority when the bids are opened and
read in public. [1991 c 363 § 70; 1963 c 4 § 36.34.100. Prior:
36.34.100
36.34.070 Sales and purchases of equipment—
Trade-ins. The board may advertise and sell used highway
or other equipment belonging to the county or to any taxing
division thereof subject to its jurisdiction in the manner prescribed for the sale of county property, or it may trade it in on
the purchase of new equipment. If the board elects to trade in
the used equipment it shall include in its call for bids on the
new equipment a notice that the county has for sale or tradein used equipment of a specified type and description which
36.34.070
[Title 36 RCW—page 88]
(2008 Ed.)
County Property
1945 c 254 § 9; Rem. Supp. 1945 § 4014-9; prior: 1891 c 76
§ 4, part; RRS § 4010, part.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.34.110 Disposition of proceeds. The proceeds of
sales of county property except in cases of trade-in allowances upon purchases of like property must be paid to the
county treasurer who must receipt therefor and execute the
proper documents transferring title attested to by the county
auditor. In no case shall the title be transferred until the purchase price has been fully paid. [1963 c 4 § 36.34.110. Prior:
1945 c 254 § 10; Rem. Supp. 1945 § 4014-10; prior: (i) 1915
c 8 § 1, part; 1891 c 76 § 5, part; RRS § 4011, part. (ii) 1891
c 76 § 6, part; RRS § 4013, part.]
36.34.110
36.34.120 Used equipment sales. Proceeds from the
sale of used equipment must be credited to the fund from
which the original purchase price was paid. [1963 c 4 §
36.34.120. Prior: 1945 c 254 § 11; Rem. Supp. 1945 § 401411.]
36.34.120
36.34.130 Intergovernmental sales. The board of
county commissioners may dispose of county property to
another governmental agency and may acquire property for
the county from another governmental agency by means of
private negotiation upon such terms as may be agreed upon
and for such consideration as may be deemed by the board of
county commissioners to be adequate. [1963 c 4 § 36.34.130.
Prior: 1945 c 254 § 12; Rem. Supp. 1945 § 4014-12.]
36.34.130
36.34.135 Leases of county property—Affordable
housing. If a county owns property that is located anywhere
within the county, including within the limits of a city or
town, and that is suitable for affordable housing, the legislative authority of the county may, by negotiation, lease the
property for affordable housing for a term not to exceed seventy-five years to any public housing authority or nonprofit
organization that has demonstrated its ability to construct or
operate housing for very low-income, low-income, or moderate-income households as defined in RCW 43.63A.510 and
special needs populations. Leases for housing for very lowincome, low-income, or moderate-income households and
special needs populations shall not be subject to any requirement of periodic rental adjustments, as provided in RCW
36.34.180, but shall provide for such fixed annual rents as
appear reasonable considering the public, social, and health
benefits to be derived by providing an adequate supply of
safe and sanitary housing for very low-income, low-income,
or moderate-income households and special needs populations. [1993 c 461 § 6; 1990 c 253 § 7.]
36.34.135
Finding—1993 c 461: See note following RCW 43.63A.510.
Legislative finding and purpose—1990 c 253: See note following
RCW 43.70.340.
36.34.137 Affordable housing—Inventory of suitable
property. (1) Every county shall identify and catalog real
property owned by the county that is no longer required for
its purposes and is suitable for the development of affordable
housing for very low-income, low-income, and moderate36.34.137
(2008 Ed.)
36.34.145
income households as defined in RCW 43.63A.510. The
inventory shall include the location, approximate size, and
current zoning classification of the property. Every county
shall provide a copy of the inventory to the *department of
community development by November 1, 1993, with inventory revisions each November 1 thereafter.
(2) By November 1 of each year, beginning in 1994,
every county shall purge the inventory of real property of
sites that are no longer available for the development of
affordable housing. The inventory revision shall include an
updated listing of real property that has become available
since the last update. As used in this section, "real property"
means buildings, land, or buildings and land. [1993 c 461 §
5.]
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic development were transferred to the department of community, trade, and economic
development by 1993 c 280, effective July 1, 1994.
Finding—1993 c 461: See note following RCW 43.63A.510.
36.34.140 Leases of county property—Airports. The
board of county commissioners, if it appears that it is for the
best interests of the county and the people thereof, that any
county real property and its appurtenances should be leased
for a year or a term of years, may lease such property under
the limitations and restrictions and in the manner provided in
this chapter, and, if it appears that it is for the best interests of
the county and the people thereof, that any county real property and its appurtenances which is now being, or is to be
devoted to airport or aeronautical purposes or purposes incidental thereto, should be leased for a year or a term of years,
said board of county commissioners may lease such property
under the limitations and restrictions and in the manner provided in this chapter, and said board of county commissioners
shall have power to lease such county real property and its
appurtenances whether such property was heretofore or hereafter acquired or whether heretofore or hereafter acquired by
tax deed under tax foreclosure proceedings for nonpayment
of taxes or whether held or acquired in any other manner.
Any lease executed under the authority of the provisions
hereof creates a vested interest and a contract binding upon
the county and the lessee. [1963 c 4 § 36.34.140. Prior: 1951
2nd ex.s. c 14 § 1; prior: (i) 1901 c 87 § 1; RRS § 4019. (ii)
1901 c 87 § 6, part; RRS § 4024, part.]
36.34.140
36.34.145 Leases of county property to nonprofit
organizations for agricultural fairs. The legislative authority of any county owning property in or outside the limits of
any city or town, or anywhere within the county, which is
suitable for agricultural fair purposes may by negotiation
lease such property for such purposes for a term not to exceed
seventy-five years to any nonprofit organization that has
demonstrated its qualification to conduct agricultural fairs.
Such agricultural fair leases shall not be subject to any
requirement of periodic rental adjustments, as provided in
RCW 36.34.180, but shall provide for such fixed annual
rental as shall appear reasonable, considering the benefit to
be derived by the county in the promotion of the fair and in
the improvement of the property. The lessee may utilize or
rent out such property at times other than during the fair season for nonfair purposes in order to obtain income for fair
36.34.145
[Title 36 RCW—page 89]
36.34.150
Title 36 RCW: Counties
purposes, and during the fair season may sublease portions of
the property for purposes and activities associated with such
fair. No sublease shall be valid unless the same shall be
approved in writing by the county legislative authority:
PROVIDED, That failure of such lessee, except by act of
God, war or other emergency beyond its control, to conduct
an annual agricultural fair or exhibition, shall cause said lease
to be subject to cancellation by the county legislative authority. A county legislative authority entering into an agreement
with a nonprofit association to lease property for agricultural
fair purposes shall, when requested to do so, file a copy of the
lease agreement with the department of agriculture or the
state fair commission in order to assure compliance with the
provisions of RCW 15.76.165. [1986 c 171 § 2; 1963 c 4 §
36.34.145. Prior: 1957 c 134 § 1.]
36.34.150 Application to lease—Deposit. Any person
desiring to lease county lands shall make application in writing to the board of county commissioners. Each application
shall be accompanied by a deposit of not less than ten dollars
or such other sum as the county commissioners may require,
not to exceed twenty-five dollars. The deposit shall be in the
form of a certified check or certificate of deposit on some
bank in the county, or may be paid in cash. In case the lands
applied for are leased at the time they are offered, the deposit
shall be returned to the applicant, but if the party making
application fails or refuses to comply with the terms of his
application and to execute the lease, the deposit shall be forfeited to the county, and the board of county commissioners
shall pay the deposit over to the county treasurer, who shall
place it to the credit of the current expense fund. [1963 c 4 §
36.34.150. Prior: 1901 c 87 § 2; RRS § 4020.]
36.34.150
36.34.160 Notice of intention to lease. When, in the
judgment of the board of county commissioners, it is found
desirable to lease the land applied for, it shall first give notice
of its intention to make such lease by publishing a notice in a
legal newspaper at least once a week for the term of three
weeks, and shall also post a notice of such intention in a conspicuous place in the courthouse for the same length of time.
The notice so published and posted shall designate and
describe the property which is proposed to be leased, together
with the improvements thereon and appurtenances thereto,
and shall contain a notice that the board of county commissioners will meet at the county courthouse on a day and at an
hour designated in the notice, for the purpose of leasing the
property which day and hour shall be at a time not more than
a week after the expiration of the time required for the publication of the notice. [1963 c 4 § 36.34.160. Prior: 1901 c 87
§ 3; RRS § 4021.]
36.34.160
36.34.170 Objections to leasing. Any person may
appear at the meeting of the county commissioners or any
adjourned meeting thereof, and make objection to the leasing
of the property, which objection shall be stated in writing. In
passing upon objections the board of county commissioners
shall, in writing, briefly give its reasons for accepting or
rejecting the same, and such objections, and the reasons for
accepting or refusing the application, shall be published by
the board in the next subsequent weekly issue of the newspa36.34.170
[Title 36 RCW—page 90]
per in which the notice of hearing was published. [1963 c 4 §
36.34.170. Prior: 1901 c 87 § 5; RRS § 4023.]
36.34.180 Lease terms. At the day and hour designated
in the notice or at any subsequent time to which the meeting
may be adjourned by the board of county commissioners, but
not more than thirty days after the day and hour designated
for the meeting in the published notice, the board may lease
the property in such notice described for a term of years and
upon such terms and conditions as to the board may seem just
and right in the premises. No lease shall be for a longer term
in any one instance than ten years, and no renewal of a lease
once executed and delivered shall be had, except by a re-leasing and re-letting of the property according to the terms and
conditions of this chapter: PROVIDED, That if a county
owns property within or outside the corporate limits of any
city or town or anywhere in the county suitable for municipal
purposes, or for commercial buildings, or owns property suitable for manufacturing or industrial purposes or sites, or for
military purposes, or for temporary or emergency housing, or
for any requirement incidental to manufacturing, commercial, agricultural, housing, military, or governmental purposes, the board of county commissioners may lease it for
such purposes for any period not to exceed thirty-five years:
PROVIDED FURTHER, Where the property involved is or
is to be devoted to airport purposes and construction work or
the installation of new facilities is contemplated, the board
may lease said property for such period as may equal the estimated useful life of such work or facilities but not to exceed
seventy-five years.
If property is leased for municipal purposes or for commercial buildings or manufacturing or industrial purposes the
lessee shall prior to the execution of the lease file with the
board of county commissioners general plans and specifications of the building or buildings to be erected thereon for
such purposes. All leases when executed shall provide that
they shall be canceled by failure of the lessee to construct
such building or buildings or other improvements for such
purposes within three years from date of the lease, and in case
of failure so to do the lease and all improvements thereon
including the rentals paid, shall thereby be forfeited to the
county unless otherwise stipulated. No change or modification of the plans shall be made unless first approved by the
board of county commissioners. If at any time during the life
of the lease the lessee fails to use the property for the purposes leased, without first obtaining permission in writing
from the board of county commissioners so to do, the lease
shall be forfeited.
Any lease made for a longer period than ten years shall
contain provisions requiring the lessee to permit the rentals
for every five year period thereafter, or part thereof, at the
commencement of such period, to be readjusted and fixed by
the board of county commissioners. In the event that the lessee and the board cannot agree upon the rentals for said five
year period, the lessee shall submit to have the disputed rentals for the subsequent period adjusted by arbitration. The lessee shall pick one arbitrator and the board one, and the two so
chosen shall select a third. No board of arbitrators shall
reduce the rentals below the sum fixed or agreed upon for the
last preceding period. All buildings, factories, or other
improvements made upon property leased shall belong to and
36.34.180
(2008 Ed.)
County Property
become property of such county, unless otherwise stipulated,
at the expiration of the lease.
No lease shall be assigned without the assignment being
first authorized by resolution of the board of county commissioners and the consent in writing of at least two members of
the board endorsed on the lease. All leases when drawn shall
contain this provision.
This section shall not be construed to limit the power of
the board of county commissioners to sell, lease, or by gift
convey any property of the county to the United States or any
of its governmental agencies to be used for federal government purposes. [1963 c 4 § 36.34.180. Prior: 1951 c 41 § 1;
1941 c 110 § 2; 1913 c 162 § 1; 1903 c 57 § 1; 1901 c 87 § 4;
RRS § 4022.]
36.34.190 Lease to highest responsible bidder. No
lease shall be made by the county except to the highest
responsible bidder at the time of the hearing set forth in the
notice of intention to lease. [1963 c 4 § 36.34.190. Prior:
1901 c 87 § 6, part; RRS § 4024, part.]
36.34.190
36.34.192 Application of RCW 36.34.150 through
36.34.190 to certain service provider agreements under
chapter 70.150 RCW. RCW 36.34.150 through 36.34.190
shall not apply to agreements entered into pursuant to chapter
70.150 RCW provided there is compliance with the procurement procedure under RCW 70.150.040. [1986 c 244 § 12.]
36.34.192
Severability—1986 c 244: See RCW 70.150.905.
36.34.200 Execution of lease agreement. Upon the
decision of the board of county commissioners to lease the
lands applied for, a lease shall be executed in duplicate to the
lessee by the chairman of the board and the county auditor,
attested by his seal of office, which lease shall also be signed
by the lessee. The lease shall refer to the order of the board
directing the lease, with a description of the lands conveyed,
the periods of payment, and the amounts to be paid for each
period. [1963 c 4 § 36.34.200. Prior: 1901 c 87 § 7; RRS §
4025.]
36.34.200
36.34.240
within the boundaries of any national forest, may, upon application by the proper forest service official of the United
States government, convey such lands to the United States
government for national forest purposes under the national
forest land exchange regulations, for such compensation as
may be deemed equitable. [1963 c 4 § 36.34.210. Prior:
1931 c 69 § 1; RRS § 4015-1.]
36.34.220
36.34.220 Lease or conveyance to United States for
flood control, navigation, and allied purposes. If the board
of county commissioners of any county adjudges that it is
desirable and for the general welfare and benefit of the people
of the county and for the interest of the county to lease or convey property, real or personal, belonging to the county, however acquired, whether by tax foreclosure or in any other
manner, to the United States for the purpose of flood control,
navigation, power development, or for use in connection with
federal projects within the scope of the federal reclamation
act of June 17, 1902, and the act of congress of August 30,
1935, entitled "An Act authorizing the construction, repair,
and preservation of certain public works on rivers and harbors, and for other purposes," and federal acts amendatory
thereof and supplemental thereto, for the reclamation and irrigation of arid lands, the board, by majority vote, may lease or
convey such property to the United States for flood control,
navigation, and power development purposes, or for use in
connection with federal projects for the reclamation and irrigation of arid lands. This property may be conveyed or leased
by deed or other instrument of conveyance or lease without
notice and upon such consideration, if any, as shall be determined by the board and the deed or lease may be signed by
the county treasurer when authorized to do so by resolution of
the board. Any deed issued heretofore by any county to the
United States under authority of section 1, chapter 46, Laws
of 1937 and the amendments thereto, is ratified and approved
and declared to be valid. [1963 c 4 § 36.34.220. Prior: 1945
c 94 § 1; 1941 c 142 § 1; 1937 c 46 § 1; Rem. Supp. 1945 §
4015-6.]
36.34.230
36.34.205 Lease of building space—Counties with a
population of one million or more. In accordance with
RCW 35.42.010 through 35.42.220, a county with a population of one million or more may lease space and provide for
the leasing of such space through leases with an option to
purchase and the acquisition of buildings erected upon land
owned by the county upon the expiration of lease of such
land. For the purposes of this section, "building," as defined
in RCW 35.42.020 shall be construed to include any building
or buildings used as part of, or in connection with, the operation of the county. The authority conferred by this section is
in addition to and not in lieu of any other provision authorizing counties to lease property. [1998 c 278 § 10.]
36.34.205
36.34.210 Forest lands may be conveyed to United
States. The board of county commissioners of any county
which acquires any lands through foreclosure of tax liens or
otherwise, which by reason of their location, topography, or
geological formation are chiefly valuable for the purpose of
developing and growing timber, and which are situated
36.34.210
(2008 Ed.)
36.34.230 Lease or conveyance to United States for
flood control, navigation, and allied purposes—State consents to conveyance. Pursuant to the Constitution and laws
of the United States and the Constitution of this state, consent
of the legislature is given to such conveyance by a county to
the United States for such purposes. [1963 c 4 § 36.34.230.
Prior: 1937 c 46 § 2; RRS § 4015-7.]
36.34.240
36.34.240 Lease or conveyance to United States for
flood control, navigation, and allied purposes—Cession of
jurisdiction. Pursuant to the Constitution and laws of the
United States and the Constitution of this state, consent of the
legislature is given to the exercise by the congress of the
United States of exclusive legislation in all cases whatsoever
on such tract or parcels of land so conveyed to it: PROVIDED, That all civil process issued from the courts of the
state and such criminal process as may issue under the
authority of the state against any person charged with crime
in cases arising outside of said tract may be served and executed thereon in the same manner as if such property were
[Title 36 RCW—page 91]
36.34.250
Title 36 RCW: Counties
retained by the county. [1963 c 4 § 36.34.240. Prior: 1937 c
46 § 3; RRS § 4015-8.]
36.34.250 Lease or conveyance to the state or to
United States for military, housing, and other purposes.
The board of county commissioners of any county by a
majority vote are hereby authorized to directly lease, sell, or
convey by gift, all or any portion of real estate, or any interest
therein owned by the county, however acquired, by tax foreclosure or in any other manner, to the United States for the
use and benefit of any branch of the army, navy, marine corps
or air forces of the United States, or for enlarging or improving any military base thereof, or for any governmental housing project, or for the purpose of constructing and operating
any federal power project, or to the state of Washington,
without requiring competitive bids or notice to the public and
at such price and terms as the board may deem for the best
interests of the county. The property may be conveyed to the
United States or to the state of Washington by deed or other
instrument of conveyance and shall not require any consideration, if donated, other than the benefit which may be derived
by the county on account of the use thereof and development
of such property by the United States government or the state.
[1963 c 4 § 36.34.250. Prior: 1941 c 227 § 1; Rem. Supp.
1941 § 4026-1a.]
36.34.250
36.34.260 Lease or conveyance to the state or to
United States for military, housing, and other purposes—
Procedure. In any county where the federal government
owns and maintains property under the jurisdiction of the
navy department or war department, or any other federal
department, the board of county commissioners by majority
vote may sell, lease or transfer to the United States government any real or personal property owned by said county,
however acquired, for the use and benefit of any branch of the
army, navy, marine corps or air forces thereof or for enlarging or improving any military base thereof, or for any other
governmental housing project, or to the state of Washington,
without requiring competitive bids or notice to the public and
at such price and terms as the board may deem for the best
interests of the county. This property may be conveyed to the
government of the United States by bill of sale or other
instrument of conveyance and need not require consideration
other than the benefit which may be derived by the county on
account of the use thereof and development of such property
by the United States government. The state of Washington
may buy and/or sell such property, or the state of Washington
may buy and/or sell such property for the purposes herein
stated; or mutually interchange or trade such property or purchase one from the other. [1963 c 4 § 36.34.260. Prior: 1941
c 227 § 2; Rem. Supp. 1941 § 4026-1b.]
36.34.260
36.34.270 Lease or conveyance to the state or to
United States for military, housing, and other purposes—
Execution of instrument of transfer. The resolution of the
board of county commissioners to grant an option to purchase, contract to sell, lease, sell and convey, or donate, as
provided, shall be entered by said board upon its journal, and
any option to purchase, contract to sell, lease, sale and conveyance, or donation executed pursuant thereto, shall be
36.34.270
[Title 36 RCW—page 92]
signed on behalf of the county by the board of county commissioners, or a majority thereof, and shall be acknowledged
in the manner prescribed by law. [1963 c 4 § 36.34.270.
Prior: 1941 c 227 § 3; Rem. Supp. 1941 § 4026-1c.]
36.34.280 Conveyance to municipality. Whenever
any county holds title to lands, for county purposes, acquired
by grant, patent, or other conveyance from the United States
executed under and pursuant to an act of congress, and the
board of county commissioners of such county by resolution
finds and determines that any portion thereof is not required
for county purposes and that it would be for the best interest
of the county to have such portion of the lands devoted to use
by a municipality lying within the county, the board of
county commissioners may, with the consent of the congress
of the United States, by a proper instrument of conveyance
executed by the board on behalf of the county, convey such
lands to the municipality for municipal purposes, either with
or without consideration, and shall not be required to advertise or offer such lands for sale or lease in the manner provided by law for the sale or lease of county property. [1963 c
4 § 36.34.280. Prior: 1917 c 69 § 1; RRS § 4015.]
36.34.280
36.34.290 Dedication of county land for streets and
alleys. The boards of county commissioners of the several
counties may dedicate any county land to public use for public streets and alleys in any city or town. [1963 c 4 §
36.34.290. Prior: 1903 c 89 § 1; RRS § 4026.]
36.34.290
36.34.300 Dedication of county land for streets and
alleys—Execution of dedication—Effective date. Whenever the board of county commissioners of any county deems
it for the best interests of the public that any county land lying
in any city or town should be dedicated to the public use for
streets or alleys, it shall make and enter an order upon its
records, designating the land so dedicated, and shall cause a
certified copy of the order to be recorded in the auditor’s
office of the county in which the land is situated, and from
and after entry of such order of dedication and the recording
thereof as herein provided, such lands shall be thereby dedicated to the public use. [1963 c 4 § 36.34.300. Prior: 1903 c
89 § 2; RRS § 4027.]
36.34.300
36.34.310 Long term leases to United States. Any
county in the state may lease any property owned by it to the
United States of America or to any agency thereof for a term
not exceeding ninety-nine years upon such conditions as may
be contained in a written agreement therefor executed on
behalf of the county by its board of county commissioners,
and by any person on behalf of the United States of America
or any agency thereof who has been thereunto authorized:
PROVIDED, That any lease made for a longer period than
ten years hereunder shall contain provisions requiring the lessee to permit the rentals for every five-year period thereafter,
or part thereof, at the commencement of such period, to be
readjusted upward and fixed by the board of county commissioners. In the event that the lessee and the board of county
commissioners cannot agree upon the rentals for the five-year
period, the lessee shall submit to have the disputed rentals for
such subsequent period adjusted by arbitration. The lessee
36.34.310
(2008 Ed.)
Tax Title Lands
shall pick one arbitrator and the board of county commissioners one, and the two so chosen shall select a third. No board
of arbitrators shall reduce the rentals below the sum fixed or
agreed upon for the last preceding period. All buildings, factories or other improvements made upon property leased
under this proviso shall belong to and become property of the
county, unless otherwise stipulated, at the expiration of the
lease. [1963 c 4 § 36.34.310. Prior: 1949 c 85 § 1; Rem.
Supp. 1949 § 4019-1.]
36.34.320 Executory conditional sales contracts for
purchase of property—Limit on indebtedness—Election,
when. See RCW 39.30.010.
36.34.320
36.34.330 Exchange for privately owned real property of equal value. The board of county commissioners of
any county shall have authority to exchange county real property for privately owned real property of equal value whenever it is determined by a decree of the superior court in the
county in which the real property is located, after publication
of notice of hearing is given as fixed and directed by such
court, that:
(1) The county real property proposed to be exchanged is
not necessary to the future foreseeable needs of such county;
and
(2) The real property to be acquired by such exchange is
necessary for the future foreseeable needs of such county;
and
(3) The value of the county real property to be
exchanged is not more than the value of the real property to
be acquired by such exchange. [1965 ex.s. c 21 § 1.]
36.34.330
36.34.340 May acquire property for park, recreational, viewpoint, greenbelt, conservation, historic, scenic, or view purposes. Any county or city may acquire by
purchase, gift, devise, bequest, grant or exchange, title to or
any interests or rights in real property to be provided or preserved for (a) park or recreational purposes, viewpoint or
greenbelt purposes, (b) the conservation of land or other natural resources, or (c) historic, scenic, or view purposes.
[1965 ex.s. c 76 § 4.]
36.34.340
Acquisition of interests in land for conservation, protection, preservation, or
open space purposes by counties: RCW 64.04.130.
Historic preservation—Authority of county to acquire property: RCW
36.32.435.
Parks, county commissioners may designate name of: RCW 36.32.430.
36.34.355 Chapter not applicable to certain transfers
of property. This chapter does not apply to transfers of property under *sections 1 and 2 of this act. [2006 c 35 § 4.]
36.34.355
*Reviser’s note: The reference to "sections 1 and 2 of this act" appears
to be erroneous. Reference to "sections 2 and 3 of this act" codified as RCW
43.99C.070 and 43.83D.120 was apparently intended.
Findings—2006 c 35: See note following RCW 43.99C.070.
Chapter 36.35
Chapter 36.35 RCW
TAX TITLE LANDS
Sections
36.35.010
(2008 Ed.)
Purpose—Powers of county legislative authority as to tax title
lands.
36.35.020
36.35.070
36.35.080
36.35.090
36.35.100
36.35.110
36.35.120
36.35.130
36.35.140
36.35.150
36.35.160
36.35.170
36.35.180
36.35.190
36.35.200
36.35.210
36.35.220
36.35.230
36.35.240
36.35.250
36.35.260
36.35.270
36.35.280
36.35.290
36.35.080
"Tax title lands" defined—Held in trust for taxing districts.
Chapter as alternative.
Other lands not affected.
Chapter not affected by other acts.
Treatment of county held tax-title property.
Disposition of proceeds of sales.
Sales of tax-title property—Reservations—Notices—Installment contracts—Separate sale of reserved resources.
Form of deed and reservation.
Rental of tax-title property on month to month tenancy authorized.
Tax-title property may be disposed of without bids in certain
cases.
Quieting title to tax-title property.
Quieting title to tax-title property—Form of action—Pleadings.
Quieting title to tax-title property—Summons and notice.
Quieting title to tax-title property—Redemption before judgment.
Quieting title to tax-title property—Judgment.
Quieting title to tax-title property—Proof—Presumptions.
Quieting title to tax-title property—Appearance fee—Tender
of taxes.
Quieting title to tax-title property—Appellate review.
Quieting title to tax-title property—Effect of judgment.
Quieting title to tax-title property—Special assessments payable out of surplus.
Quieting title to tax-title property—Form of deed on sale after
title quieted.
Quieting title to tax-title property—Limitation on recovery for
breach of warranty.
Tax deeds to cities and towns absolute despite reversionary
provision.
Easements.
36.35.010 Purpose—Powers of county legislative
authority as to tax title lands. The purpose of this chapter
is to increase the power of county legislative authorities over
tax title lands. The legislative authority of each county shall
have the power to devote tax title lands to public use under its
own control or the control of other governmental or quasigovernmental agencies, to exchange such lands for lands
worth at least ninety percent of the value of the land
exchanged, and to manage such lands to produce maximum
revenue therefrom in the manner which derives the most
income from such lands. The further purpose of this chapter
is to relieve the courts of the obligation of supervising the
county legislative authorities in the management and disposition of tax title lands. [1972 ex.s. c 150 § 1.]
36.35.010
36.35.020 "Tax title lands" defined—Held in trust
for taxing districts. The term "tax title lands" as used in this
chapter shall mean any tract of land acquired by the county
for lack of other bidders at a tax foreclosure sale. Tax title
lands are held in trust for the taxing districts. [2007 c 295 §
2; 1972 ex.s. c 150 § 2.]
36.35.020
36.35.070 Chapter as alternative. The provisions of
this chapter shall be deemed as alternatives to, and not be limited by, the provisions of RCW 39.33.010, 36.34.130, and
36.35.140, nor shall the authority granted in this chapter be
held to be subjected to or qualified by the terms of such statutory provisions. [1998 c 106 § 22; 1972 ex.s. c 150 § 8.]
36.35.070
36.35.080 Other lands not affected. Nothing in this
chapter shall affect any land deeded in trust to the department
of natural resources or its successors pursuant to the provisions of Title 76 RCW. [1988 c 128 § 7; 1972 ex.s. c 150 §
9.]
36.35.080
[Title 36 RCW—page 93]
36.35.090
Title 36 RCW: Counties
36.35.090 Chapter not affected by other acts. Notwithstanding any provision of law to the contrary, or provisions of law limiting the authority granted in this chapter, the
legislative authority of any county shall have the authority to
manage and exchange tax title lands heretofore or hereafter
acquired in the manner and on the terms and conditions set
forth in this chapter. [1972 ex.s. c 150 § 3.]
36.35.090
36.35.100 Treatment of county held tax-title property. All property deeded to the county under the provisions
of this chapter shall be treated as follows during the period
the property is so held:
(1) The property shall be:
(a) Stricken from the tax rolls as county property;
(b) Exempt from taxation;
(c) Exempt from special assessments except as provided
in chapter 35.49 RCW and RCW 35.44.140 and 79.44.190;
and
(d) Exempt from property owner association dues or
fees.
(2) The sale, management, and leasing of tax title property shall be handled as under chapter 36.35 RCW. [2007 c
295 § 3; 1998 c 106 § 13; 1961 c 15 § 84.64.220. Prior: 1925
ex.s. c 130 § 131; RRS § 11292; prior: 1899 c 141 § 27. Formerly RCW 84.64.220.]
36.35.100
36.35.110 Disposition of proceeds of sales. No claims
shall ever be allowed against the county from any municipality, school district, road district or other taxing district for
taxes levied on property acquired by the county by tax deed
under the provisions of this chapter, but all taxes shall at the
time of deeding said property be thereby canceled: PROVIDED, That the proceeds of any sale of any property
acquired by the county by tax deed shall be justly apportioned
to the various funds existing at the date of the sale, in the territory in which such property is located, according to the tax
levies of the year last in process of collection. [1961 c 15 §
84.64.230. Prior: 1925 ex.s. c 130 § 132; RRS § 11293;
prior: 1899 c 141 § 28. Formerly RCW 84.64.230.]
36.35.110
36.35.120 Sales of tax-title property—Reservations—Notices—Installment contracts—Separate sale of
reserved resources. Real property acquired by any county
of this state by foreclosure of delinquent taxes may be sold by
order of the county legislative authority of the county when in
the judgment of the county legislative authority it is deemed
in the best interests of the county to sell the real property.
When the legislative authority desires to sell any such
property it may, if deemed advantageous to the county, combine any or all of the several lots and tracts of such property
in one or more units, and may reserve from sale coal, oil, gas,
gravel, minerals, ores, fossils, timber, or other resources on or
in the lands, and the right to mine for and remove the same,
and it shall then enter an order on its records fixing the unit or
units in which the property shall be sold and the minimum
price for each of such units, and whether the sale will be for
cash or whether a contract will be offered, and reserving from
sale such of the resources as it may determine and from
which units such reservations shall apply, and directing the
county treasurer to sell such property in the unit or units and
at not less than the price or prices and subject to such reserva36.35.120
[Title 36 RCW—page 94]
tions so fixed by the county legislative authority. The order
shall be subject to the approval of the county treasurer if several lots or tracts of land are combined in one unit.
Except in cases where the sale is to be by direct negotiation as provided in RCW 36.35.150, it shall be the duty of the
county treasurer upon receipt of such order to publish once a
week for three consecutive weeks a notice of the sale of such
property in a newspaper of general circulation in the county
where the land is situated. The notice shall describe the property to be sold, the unit or units, the reservations, and the minimum price fixed in the order, together with the time and
place and terms of sale, in the same manner as foreclosure
sales as provided by RCW 84.64.080.
The person making the bid shall state whether he or she
will pay cash for the amount of his or her bid or accept a real
estate contract of purchase in accordance with the provisions
hereinafter contained. The person making the highest bid
shall become the purchaser of the property. If the highest bidder is a contract bidder the purchaser shall be required to pay
thirty percent of the total purchase price at the time of the sale
and shall enter into a contract with the county as vendor and
the purchaser as vendee which shall obligate and require the
purchaser to pay the balance of the purchase price in ten
equal annual installments commencing November 1st and
each year following the date of the sale, and shall require the
purchaser to pay twelve percent interest on all deferred payments, interest to be paid at the time the annual installment is
due; and may contain a provision authorizing the purchaser to
make payment in full at any time of any balance due on the
total purchase price plus accrued interest on such balance.
The contract shall contain a provision requiring the purchaser
to pay before delinquency all subsequent taxes and assessments that may be levied or assessed against the property
subsequent to the date of the contract, and shall contain a provision that time is of the essence of the contract and that in
event of a failure of the vendee to make payments at the time
and in the manner required and to keep and perform the covenants and conditions therein required of him or her that the
contract may be forfeited and terminated at the election of the
vendor, and that in event of the election all sums theretofore
paid by the vendee shall be forfeited as liquidated damages
for failure to comply with the provisions of the contract; and
shall require the vendor to execute and deliver to the vendee
a deed of conveyance covering the property upon the payment in full of the purchase price, plus accrued interest.
The county legislative authority may, by order entered in
its records, direct the coal, oil, gas, gravel, minerals, ores,
timber, or other resources sold apart from the land, such sale
to be conducted in the manner hereinabove prescribed for the
sale of the land. Any such reserved minerals or resources not
exceeding two hundred dollars in value may be sold, when
the county legislative authority deems it advisable, either
with or without such publication of the notice of sale, and in
such manner as the county legislative authority may determine will be most beneficial to the county. [2001 c 299 § 10;
1993 c 310 § 1; 1991 c 245 § 30; 1981 c 322 § 7; 1965 ex.s. c
23 § 5; 1961 c 15 § 84.64.270. Prior: 1945 c 172 § 1; 1937 c
68 § 1; 1927 c 263 § 1; 1925 ex.s. c 130 § 133; Rem. Supp.
1945 § 11294; prior: 1903 c 59 § 1; 1899 c 141 § 29; 1890 p
579 § 124; Code 1881 § 2934. Formerly RCW 84.64.270,
84.64.280, 84.64.290, and 84.64.270.]
(2008 Ed.)
Tax Title Lands
City may acquire property from county before resale: RCW 35.49.150.
Disposition of proceeds upon resale
generally: RCW 35.49.160.
of property subject to diking, drainage or sewerage improvement district
assessments: RCW 85.08.500.
Exchange, lease, management of county tax title lands: Chapter 36.35 RCW.
Tax title land
conveyance of to port districts: RCW 53.25.050.
may be deeded to department of natural resources for reforestation purposes: RCW 79.22.010.
may be leased for mineral, gas and petroleum development: Chapter
78.16 RCW.
36.35.130 Form of deed and reservation. The county
treasurer shall upon payment to the county treasurer of the
purchase price for the property and any interest due, make
and execute under the county treasurer’s hand and seal, and
issue to the purchaser, a deed in the following form for any
lots or parcels of real property sold under the provisions of
RCW 36.35.120.
36.35.130
State of Washington
County of . . . . . . . .





ss.
This indenture, made this . . . . day of . . . . . .,
. . (year) . ., between . . . . . ., as treasurer of . . . . . . county,
state of Washington, the party of the first part, and . . . . . .,
party of the second part.
WITNESSETH, That whereas, at a public sale of real
property, held on the . . . . day of . . . . . ., . . (year) . ., pursuant to an order of the county legislative authority of the
county of . . . . . ., state of Washington, duly made and
entered, and after having first given due notice of the time
and place and terms of the sale, and, whereas, in pursuance
of the order of the county legislative authority, and of the
laws of the state of Washington, and for and in consideration of the sum of . . . . . . dollars, lawful money of the
United States of America, to me in hand paid, the receipt
whereof is hereby acknowledged, I have this day sold to
. . . . . . the following described real property, and which the
real property is the property of . . . . . . county, and which is
particularly described as follows, to wit: . . . . . . . . ., the
. . . . . . being the highest and best bidder at the sale, and the
sum being the highest and best sum bid at the sale;
NOW, THEREFORE, Know ye that I, . . . . . ., county
treasurer of the county of . . . . . ., state of Washington, in
consideration of the premises and by virtue of the statutes
of the state of Washington, in such cases made and provided, do hereby grant and convey unto . . . . . ., heirs and
assigns, forever, the real property hereinbefore described,
as fully and completely as the party of the first part can by
virtue of the premises convey the same.
Given under my hand and seal of office this . . . . day
of . . . . . ., . . (year) . .
.....................
County Treasurer,
By . . . . . . . . . . . . . . . . . . . . .
Deputy:
PROVIDED, That when by order of the county legislative
authority any of the minerals or other resources enumerated
(2008 Ed.)
36.35.140
in RCW 36.35.120 are reserved, the deed or contract of purchase shall contain the following reservation:
The party of the first part hereby expressly saves, excepts
and reserves out of the grant hereby made, unto itself, its successors, and assigns, forever, all oils, gases, coals, ores, minerals, gravel, timber and fossils of every name, kind or
description, and which may be in or upon the lands above
described; or any part thereof, and the right to explore the
same for such oils, gases, coal, ores, minerals, gravel, timber
and fossils; and it also hereby expressly saves reserves out of
the grant hereby made, unto itself, its successors and assigns,
forever, the right to enter by itself, its agents, attorneys and
servants upon the lands, or any part or parts thereof, at any
and all times, for the purpose of opening, developing and
working mines thereon, and taking out and removing therefrom all such oils, gases, coal, ores, minerals, gravel, timber
and fossils, and to that end it further expressly reserves out of
the grant hereby made, unto itself, its successors and assigns,
forever, the right by it or its agents, servants and attorneys at
any and all times to erect, construct, maintain and use all such
buildings, machinery, roads and railroads, sink such shafts,
remove such oil, and to remain on the lands or any part
thereof, for the business of mining and to occupy as much of
the lands as may be necessary or convenient for the successful prosecution of such mining business, hereby expressly
reserving to itself, its successors and assigns, as aforesaid,
generally, all rights and powers in, to and over, the land,
whether herein expressed or not, reasonably necessary or
convenient to render beneficial and efficient the complete
enjoyment of the property and the rights hereby expressly
reserved. No rights shall be exercised under the foregoing
reservation, by the county, its successors or assigns, until provision has been made by the county, its successors or assigns,
to pay to the owner of the land upon which the rights herein
reserved to the county, its successors or assigns, are sought to
be exercised, full payment for all damages sustained by the
owner, by reason of entering upon the land: PROVIDED,
That if the owner from any cause whatever refuses or
neglects to settle the damages, then the county, its successors
or assigns, or any applicant for a lease or contract from the
county for the purpose of prospecting for or mining valuable
minerals, or operation contract, or lease, for mining coal, or
lease for extracting petroleum or natural gas, shall have the
right to institute such legal proceedings in the superior court
of the county wherein the land is situated, as may be necessary to determine the damages which the owner of the land
may suffer: PROVIDED, The county treasurer shall cross
out of such reservation any of the minerals or other resources
which were not reserved by order of the county legislative
authority. [1998 c 106 § 14; 1961 c 15 § 84.64.300. Prior:
1945 c 172 § 2; 1927 c 263 § 2; 1925 ex.s. c 130 § 134; Rem.
Supp. 1945 § 11295; prior: 1903 c 59 § 5; 1890 p 577 § 119;
Code 1881 § 2938. Formerly RCW 84.64.300.]
36.35.140 Rental of tax-title property on month to
month tenancy authorized. The board of county commissioners of any county may, pending sale of any county property acquired by foreclosure of delinquent taxes, rent any portion thereof on a tenancy from month to month. From the proceeds of the rentals the board of county commissioners shall
first pay all expense in management of said property and in
36.35.140
[Title 36 RCW—page 95]
36.35.150
Title 36 RCW: Counties
repairing, maintaining and insuring the improvements
thereon, and the balance of said proceeds shall be paid to the
various taxing units interested in the taxes levied against said
property in the same proportion as the current tax levies of
the taxing units having levies against said property. [1961 c
15 § 84.64.310. Prior: 1945 c 170 § 1; Rem. Supp. 1945 §
11298-1. Formerly RCW 84.64.310.]
36.35.160 through 36.35.270, and no pleadings other than the
summons and notice and the written statements of those
claiming a right, title and interest in and to the property
involved shall be required. [1998 c 106 § 16; 1961 c 15 §
84.64.340. Prior: 1931 c 83 § 2; 1925 ex.s. c 171 § 2; RRS §
11308-2. Formerly RCW 84.64.340.]
36.35.180
36.35.150 Tax-title property may be disposed of
without bids in certain cases. The county legislative
authority may dispose of tax foreclosed property by private
negotiation, without a call for bids, for not less than the principal amount of the unpaid taxes in any of the following
cases: (1) When the sale is to any governmental agency and
for public purposes; (2) when the county legislative authority
determines that it is not practical to build on the property due
to the physical characteristics of the property or legal restrictions on construction activities on the property; (3) when the
property has an assessed value of less than five hundred dollars and the property is sold to an adjoining landowner; or (4)
when no acceptable bids were received at the attempted public auction of the property, if the sale is made within twelve
months from the date of the attempted public auction. [2001
c 299 § 11; 1997 c 244 § 2; 1993 c 310 § 2; 1961 c 15 §
84.64.320. Prior: 1947 c 238 § 1; Rem. Supp. 1947 § 112951. Formerly RCW 84.64.320.]
36.35.150
Effective date—1997 c 244: See note following RCW 84.36.015.
36.35.160 Quieting title to tax-title property. In any
and all instances in this state in which a treasurer’s deed to
real property has been or shall be issued to the county in proceedings to foreclose the lien of general taxes, and for any
reason a defect in title exists or adverse claims against the
same have not been legally determined, the county or its successors in interest or assigns shall have authority to institute
an action in the superior court in the county to correct such
defects, and to determine such adverse claims and the priority
thereof as provided in RCW 36.35.160 through 36.35.270.
[1998 c 106 § 15; 1961 c 15 § 84.64.330. Prior: 1931 c 83 §
1; 1925 ex.s. c 171 § 1; RRS § 11308-1. Formerly RCW
84.64.330.]
36.35.160
36.35.170 Quieting title to tax-title property—Form
of action—Pleadings. The county or its successors in interest or assigns shall have authority to include in one action any
and all tracts of land in which plaintiff or plaintiffs in such
action, jointly or severally, has or claims to have an interest.
Such action shall be one in rem as against every right and
interest in and claim against any and every part of the real
property involved, except so much thereof as may be at the
time the summons and notice is filed with the clerk of the
superior court in the actual, open and notorious possession of
any person or corporation, and then except only as to the
interest claimed by such person so in possession: PROVIDED, That the possession required under the provisions of
RCW 36.35.160 through 36.35.270 shall be construed to be
that by personal occupancy only, and not merely by representation or in contemplation of law. No person, firm or corporation claiming an interest in or to such lands need be specifically named in the summons and notice, except as in RCW
36.35.170
[Title 36 RCW—page 96]
36.35.180 Quieting title to tax-title property—Summons and notice. Upon filing a copy of the summons and
notice in the office of the county clerk, service thereof as
against every interest in and claim against any and every part
of the property described in such summons and notice, and
every person, firm, or corporation, except one who is in the
actual, open and notorious possession of any of the properties, shall be had by publication in the official county newspaper for six consecutive weeks; and no affidavit for publication of such summons and notice shall be required. In case
special assessments imposed by a city or town against any of
the real property described in the summons and notice remain
outstanding, a copy of the same shall be served on the treasurer of the city or town within which such real property is
situated within five days after such summons and notice is
filed.
The summons and notice in such action shall contain the
title of the court; specify in general terms the years for which
the taxes were levied and the amount of the taxes and the
costs for which each tract of land was sold; give the legal
description of each tract of land involved, and the tax record
owner thereof during the years in which the taxes for which
the property was sold were levied; state that the purpose of
the action is to foreclose all adverse claims of every nature in
and to the property described, and to have the title of existing
liens and claims of every nature against the described real
property, except that of the county, forever barred.
The summons and notice shall also summon all persons,
firms and corporations claiming any right, title and interest in
and to the described real property to appear within sixty days
after the date of the first publication, specifying the day and
year, and state in writing what right, title and interest they
have or claim to have in and to the property described, and
file the same with the clerk of the court above named; and
shall notify them that in case of their failure so to do, judgment will be rendered determining that the title to the real
property is in the county free from all existing adverse interests, rights or claims whatsoever: PROVIDED, That in case
any of the lands involved is in the actual, open and notorious
possession of anyone at the time the summons and notice is
filed, as herein provided, a copy of the same modified as
herein specified shall be served personally upon such person
in the same manner as summons is served in civil actions
generally. The summons shall be substantially in the form
above outlined, except that in lieu of the statement relative to
the date and day of publication it shall require the person
served to appear within twenty days after the day of service,
exclusive of the date of service, and that the day of service
need not be specified therein, and except further that the
recitals regarding the amount of the taxes and costs and the
years the same were levied, the legal description of the land
and the tax record owner thereof may be omitted except as to
the land occupied by the persons served.
(2008 Ed.)
Tax Title Lands
Every summons and notice provided for in RCW
36.35.160 through 36.35.270 shall be subscribed by the prosecuting attorney of the county, or by any successor or assign
of the county or his attorney, as the case may be, followed by
the post office address of the successor or assign. [1998 c
106 § 17; 1961 c 15 § 84.64.350. Prior: 1931 c 83 § 3; 1925
ex.s. c 171 § 3; RRS § 11308-3. Formerly RCW 84.64.350.]
36.35.190
36.35.190 Quieting title to tax-title property—
Redemption before judgment. Any person, firm or corporation who or which may have been entitled to redeem the
property involved prior to the issuance of the treasurer’s deed
to the county, and his or its successor in interest, shall have
the right, at any time after the commencement of, and prior to
the judgment in the action authorized herein, to redeem such
property by paying to the county treasurer the amount of the
taxes for which the property was sold to the county, and the
amount of any other general taxes which may have accrued
prior to the issuance of said treasurer’s deed, together with
interest on all such taxes from the date of delinquency
thereof, respectively, at the rate of twelve percent per annum,
and by paying for the benefit of the assessment district concerned the amount of principal, penalty and interest of all
special assessments, if any, which shall have been levied
against such property and by paying such proportional part of
the costs of the tax foreclosure proceedings and of the action
herein authorized as the county treasurer shall determine.
Upon redemption of any property before judgment as
herein provided, the county treasurer shall issue to the
redemptioner a certificate specifying the amount of the taxes,
special assessments, penalty, interest and costs charged
describing the land and stating that the taxes, special assessments, penalty, interest and costs specified have been fully
paid, and the lien thereof discharged. Such certificate shall
clear the land described therein from any claim of the county
based on the treasurer’s deed previously issued in the tax
foreclosure proceedings. [1961 c 15 § 84.64.360. Prior:
1925 ex.s. c 171 § 4; RRS § 11308-4. Formerly RCW
84.64.360.]
36.35.200
36.35.200 Quieting title to tax-title property—Judgment. At any time after the return day named in the summons and notice the plaintiff in the cause shall be entitled to
apply for judgment. In case any person has appeared in such
action and claimed any interest in the real property involved
adverse to that of the county or its successors in interest, such
person shall be given a three days’ notice of the time when
application for judgment shall be made. The court shall hear
and determine the matter in a summary manner similar to that
provided in RCW 84.64.080, relating to judgment and order
of sale in general tax foreclosure proceedings, and shall pronounce and enter judgment according to the rights of the parties and persons concerned in the action. No order of sale
shall be made nor shall any sale on execution be necessary to
determine the title of the county to the real property involved
in such action. [1961 c 15 § 84.64.370. Prior: 1931 c 83 § 4;
1925 ex.s. c 171 § 5; RRS § 11308-5. Formerly RCW
84.64.370.]
(2008 Ed.)
36.35.240
36.35.210
36.35.210 Quieting title to tax-title property—
Proof—Presumptions. The right of action of the county, its
successors or assigns, under RCW 36.35.160 through
36.35.270 shall rest on the validity of the taxes involved, and
the plaintiff shall be required to prove only the amount of the
former judgment foreclosing the lien thereof, together with
the costs of the foreclosure and sale of each tract of land for
the taxes, and all the presumptions in favor of the tax foreclosure sale and issuance of treasurer’s deed existing by law
shall obtain in the action. [1998 c 106 § 18; 1961 c 15 §
84.64.380. Prior: 1931 c 83 § 5; 1925 ex.s. c 171 § 6; RRS §
11308-6. Formerly RCW 84.64.380.]
36.35.220
36.35.220 Quieting title to tax-title property—
Appearance fee—Tender of taxes. Any person filing a
statement in such action shall pay the clerk of the court an
appearance fee in the amount required by the county for
appearances in civil actions, and shall be required to tender
the amount of all taxes, interest and costs charged against the
real property to which he lays claim, and no further costs in
such action shall be required or recovered. [1961 c 15 §
84.64.390. Prior: 1925 ex.s. c 171 § 7; RRS § 11308-7. Formerly RCW 84.64.390.]
36.35.230
36.35.230 Quieting title to tax-title property—Appellate review. Any person aggrieved by the judgment rendered
in such action may seek appellate review of the part of said
judgment objectionable to him in the manner and within the
time prescribed for appeals in RCW 84.64.120. [1988 c 202
§ 71; 1971 c 81 § 155; 1961 c 15 § 84.64.400. Prior: 1925
ex.s. c 171 § 8; 1925 ex.s. c 130 § 121; RRS § 11308-8; prior:
1903 c 59 § 4; 1897 c 71 § 104; 1893 c 124 § 106. Formerly
RCW 84.64.400.]
Severability—1988 c 202: See note following RCW 2.24.050.
36.35.240
36.35.240 Quieting title to tax-title property—Effect
of judgment. The judgment rendered in such action, unless
appealed from within the time prescribed herein and upon
final judgment on appeal, shall be conclusive, without the
right of redemption upon and against every person who may
or could claim any lien or any right, title or interest in or to
any of the properties involved in said action, including
minors, insane persons, those convicted of crime, as well as
those free from disability, and against those who may have at
any time attempted to pay any tax on any of the properties,
and against those in actual open and notorious possession of
any of said properties.
Such judgment shall be conclusive as to those who
appeal therefrom, except as to the particular property to
which such appellant laid claim in the action and concerning
which he appealed, and shall be conclusive as to those in possession of any property and who were not served except as to
the property which such person is in the actual, open and
notorious possession of, and in any case where it is asserted
that the judgment was not conclusive because of such possession, the burden of showing such actual, open and notorious
possession shall be on the one asserting such possession.
[1961 c 15 § 84.64.410. Prior: 1925 ex.s. c 171 § 9; RRS §
11308-9. Formerly RCW 84.64.410.]
[Title 36 RCW—page 97]
36.35.250
Title 36 RCW: Counties
36.35.250
36.35.250 Quieting title to tax-title property—Special assessments payable out of surplus. Nothing in RCW
36.35.160 through 36.35.270 contained shall be construed to
deprive any city, town, or other unit of local government that
imposed special assessments on the property by including the
property in a local improvement or special assessment district
of its right to reimbursement for special assessments out of
any surplus over and above the taxes, interest and costs
involved. [1998 c 106 § 19; 1961 c 15 § 84.64.420. Prior:
1925 ex.s. c 171 § 10; RRS § 11308-10. Formerly RCW
84.64.420.]
36.35.260
36.35.260 Quieting title to tax-title property—Form
of deed on sale after title quieted. That in all cases where
any county of the state of Washington has perfected title to
real estate owned by the county, under the provisions of
RCW 36.35.160 through 36.35.270 and resells the same or
part thereof, it shall give to the purchaser a warranty deed in
substantially the following form:
STATE OF WASHINGTON
County of . . . . . . . . . . . . . . .





ss.
This indenture, made this . . . . day of . . . . . .
. . (year) . ., between . . . . . . as treasurer of . . . . . . county,
state of Washington, the party of the first part, and . . . . . .,
party of the second part.
WITNESSETH, THAT WHEREAS, at a public sale of
real property, held on the . . . . day of . . . . . . . . (year) . .,
pursuant to an order of the county legislative authority of
the county of . . . . . ., state of Washington, duly made and
entered, and after having first given due notice of the time
and place and terms of the sale, and, whereas, in pursuance
of the order of the county legislative authority, and of the
laws of the state of Washington, and for and in consideration of the sum of . . . . . . dollars, lawful money of the
United States of America, to me in hand paid, the receipt
whereof is hereby acknowledged, I have this day sold to
. . . . . . the following described real property, and which the
real property is the property of . . . . . . county, and which is
particularly described as follows, to wit:
. . . . . ., the . . . . . . being the highest and best bidder at
the sale, and the sum being the highest and best sum bid at
the sale:
NOW THEREFORE KNOW YE that I, . . . . . . county
treasurer of the county of . . . . . ., state of Washington, in
consideration of the premises and by virtue of the statutes
of the state of Washington, in such cases made and provided, do hereby grant, convey and warrant on behalf of
. . . . . . county unto . . . . . ., his or her heirs and assigns,
forever, the real property hereinbefore described.
Given under my hand and seal of office this . . . . day
of . . . . . . , . . (year) . .
...................
County Treasurer.
By . . . . . . . . . . . . . . . . . . .
Deputy.
[1998 c 106 § 20; 1961 c 15 § 84.64.430. Prior: 1929 c 197 §
1; RRS § 11308-11. Formerly RCW 84.64.430.]
[Title 36 RCW—page 98]
36.35.270 Quieting title to tax-title property—Limitation on recovery for breach of warranty. No recovery
for breach of warranty shall be had, against the county executing a deed under the provisions of RCW 36.35.260, in
excess of the purchase price of the land described in such
deed, with interest at the legal rate. [1998 c 106 § 21; 1961 c
15 § 84.64.440. Prior: 1929 c 197 § 2; RRS § 11308-12. Formerly RCW 84.64.440.]
36.35.270
36.35.280 Tax deeds to cities and towns absolute
despite reversionary provision. All sales of tax-title lands
heretofore consummated by any county, to a city or town, for
municipal purposes, or public use, shall be absolute and final,
and transfer title in fee, notwithstanding any reversionary
provision in the tax deed to the contrary; and all tax-title
deeds containing any such reversionary provision shall upon
application of grantee in interest, be revised to conform with
the provisions herein. [1961 c 15 § 84.64.450. Prior: 1947 c
269 § 1; Rem. Supp. 1947 § 11295-2. Formerly RCW
84.64.450.]
36.35.280
36.35.290 Easements. The general property tax
assessed on any tract, lot, or parcel of real property includes
all easements appurtenant thereto, provided said easements
are a matter of public record in the auditor’s office of the
county in which said real property is situated. Any foreclosure of delinquent taxes on any tract, lot or parcel of real
property subject to such easement or easements, and any tax
deed issued pursuant thereto shall be subject to such easement or easements, provided such easement or easements
were established of record prior to the year for which the tax
was foreclosed. [1961 c 15 § 84.64.460. Prior: 1959 c 129 §
1. Formerly RCW 84.64.460.]
36.35.290
Chapter 36.36
Chapter 36.36 RCW
AQUIFER PROTECTION AREAS
Sections
36.36.010
36.36.020
36.36.030
36.36.035
36.36.040
36.36.045
36.36.050
36.36.900
Purpose.
Creation of aquifer protection area—Public hearing—Ballot
proposition.
Imposition of fees—Ballot proposition to authorize increased
fees or additional purposes.
Reduced fees for low-income persons.
Use of fee revenues.
Lien for delinquent fees.
Dissolution of aquifer protection area—Petition—Ballot proposition.
Severability—1985 c 425.
Assessments and charges against state lands: Chapter 79.44 RCW.
36.36.010 Purpose. The protection of subterranean
water from pollution or degradation is of great concern. The
depletion of subterranean water is of great concern. The purpose of this chapter is to allow the creation of aquifer protection areas to finance the protection, preservation, and rehabilitation of subterranean water, and to reduce special assessments imposed upon households to finance facilities for such
purposes. Pollution and degradation of subterranean drinking
water supplies, and the depletion of subterranean drinking
water supplies, pose immediate threats to the safety and welfare of the citizens of this state. [1991 c 151 § 1; 1985 c 425
§ 1.]
36.36.010
(2008 Ed.)
Aquifer Protection Areas
36.36.020 Creation of aquifer protection area—Public hearing—Ballot proposition. The county legislative
authority of a county may create one or more aquifer protection areas for the purpose of funding the protection, preservation, and rehabilitation of subterranean water.
When a county legislative authority proposes to create an
aquifer protection area it shall conduct a public hearing on the
proposal. Notice of the public hearing shall be published at
least once, not less than ten days prior to the hearing, in a
newspaper of general circulation within the proposed aquifer
protection area. The public hearing may be continued to other
times, dates, and places announced at the public hearing,
without publication of the notice. At the public hearing, the
county legislative authority shall hear objections and comments from anyone interested in the proposed aquifer protection area.
After the public hearing, the county legislative authority
may adopt a resolution causing a ballot proposition to be submitted to the registered voters residing within the proposed
aquifer protection area to authorize the creation of the aquifer
protection area, if the county legislative authority finds that
the creation of the aquifer protection area would be in the
public interest. The resolution shall: (1) Describe the boundaries of the proposed aquifer protection area; (2) find that its
creation is in the public interest; (3) state the maximum level
of fees for the withdrawal of water, or on-site sewage disposal, occurring in the aquifer protection area, or both; and
(4) describe the uses for the fees.
An aquifer protection area shall be created by ordinances
of the county if the voters residing in the proposed aquifer
protection area approve the ballot proposition by a simple
majority vote. The ballot proposition shall be in substantially
the following form:
36.36.020
"Shall the . . . (insert the name) aquifer protection
area be created and authorized to impose monthly
fees on . . . (insert "the withdrawal of water" or "onsite sewage disposal") of not to exceed . . . (insert a
dollar amount) per household unit for up to . . .
(insert a number of years) to finance . . . (insert the
type of activities proposed to be financed)?
Yes . . . . . . . . . . . . . . . .
No . . . . . . . . . . . . . . . ."
If both types of monthly fees are proposed to be imposed,
maximum rates for each shall be included in the ballot proposition.
An aquifer protection area may not include territory
located within a city or town without the approval of the city
or town governing body, nor may it include territory located
in the unincorporated area of another county without the
approval of the county legislative authority of that county.
[1985 c 425 § 2.]
36.36.030 Imposition of fees—Ballot proposition to
authorize increased fees or additional purposes. Aquifer
protection areas are authorized to impose fees on the withdrawal of subterranean water and on on-site sewage disposal.
The fees shall be expressed as a dollar amount per household
unit. Fees imposed for the withdrawal of water, or on-site
sewage disposal, other than by households shall be expressed
36.36.030
(2008 Ed.)
36.36.040
and imposed in equivalents of household units. If both types
of fees are imposed, the rate imposed on on-site sewage disposal shall not exceed the rate imposed for the withdrawal of
water.
No fees shall be imposed in excess of the amount authorized by the voters of the aquifer protection area. Fees shall
only be used for the activity or activities authorized by the
voters of the aquifer protection area. Ballot propositions may
be submitted to the voters of an aquifer protection area to
authorize a higher maximum level of such fees or to authorize
additional activities for which the fees may be used. Such a
ballot proposition shall be substantially in the form of that
portion of the proposition to authorize the creation of an aquifer protection district that relates to fees or activities, as provided in RCW 36.36.020. Approval of the ballot proposition
by simple majority vote shall authorize the higher maximum
level of fees or additional activities for which the fees may be
used.
A county may contract with existing public utilities to
collect the fees, or collect the fees itself. [1985 c 425 § 3.]
36.36.035
36.36.035 Reduced fees for low-income persons. A
county may adopt an ordinance reducing the level of fees, for
the withdrawal of subterranean water or for on-site sewage
disposal, that are imposed upon the residential property of a
class or classes of low-income persons. [1987 c 381 § 1.]
36.36.040
36.36.040 Use of fee revenues. Aquifer protection
areas may impose fees to fund:
(1) The preparation of a comprehensive plan to protect,
preserve, and rehabilitate subterranean water, including
groundwater management programs adopted under chapter
90.44 RCW. This plan may be prepared as a portion of a
county sewerage and/or water general plan pursuant to RCW
36.94.030;
(2) The construction of facilities for: (a) The removal of
water-borne pollution; (b) water quality improvement; (c)
sanitary sewage collection, disposal, and treatment; (d) storm
water or surface water drainage collection, disposal, and
treatment; and (e) the construction of public water systems;
(3) The proportionate reduction of special assessments
imposed by a county, city, town, or special district in the
aquifer protection area for any of the facilities described in
subsection (2) of this section;
(4) The costs of monitoring and inspecting on-site sewage disposal systems or community sewage disposal systems
for compliance with applicable standards and rules, and for
enforcing compliance with these applicable standards and
rules in aquifer protection areas created after June 9, 1988;
and
(5) The costs of: (a) Monitoring the quality and quantity
of subterranean water and analyzing data that is collected; (b)
ongoing implementation of the comprehensive plan developed under subsection (1) of this section; (c) enforcing compliance with standards and rules relating to the quality and
quantity of subterranean waters; and (d) public education
relating to protecting, preserving, and enhancing subterranean waters. [1991 c 151 § 2; 1988 c 258 § 1; 1985 c 425 §
4.]
[Title 36 RCW—page 99]
36.36.045
Title 36 RCW: Counties
36.36.045 Lien for delinquent fees. The county shall
have a lien for any delinquent fees imposed for the withdrawal of subterranean water or on-site sewage disposal,
which shall attach to the property to which the fees were
imposed, if the following conditions are met:
(1) At least eighteen months have passed since the first
billing for a delinquent fee installment; and
(2) At least three billing notices and a letter have been
mailed to the property owner, within the period specified in
subsection (1) of this section, explaining that a lien may be
imposed for any delinquent fee installment that has not been
paid in that period.
The lien shall otherwise be subject to the provisions of
chapter 36.94 RCW related to liens for delinquent charges.
The county shall record liens for any delinquent fees in the
office of the county auditor. Failure on the part of the county
to record the lien does not affect the validity of the lien.
[1997 c 393 § 6; 1987 c 381 § 2.]
36.36.045
a district fair or agricultural exhibition, is declared to be in the
interest of public good and a strictly county purpose. [1963 c
4 § 36.37.010. Prior: 1947 c 184 § 1; 1917 c 32 § 1; Rem.
Supp. 1947 § 2750.]
36.37.020
36.37.020 Property may be acquired for fairs. The
board of county commissioners of any county in the state
may acquire by gift, devise, purchase, condemnation and purchase, or otherwise, lands, property rights, leases, easements,
and all kinds of personal property and own and hold the same
and construct and maintain temporary or permanent improvements suitable and necessary for the purpose of holding and
maintaining county or district fairs for the exhibition of
county or district resources and products. [1963 c 4 §
36.37.020. Prior: 1947 c 184 § 2; 1917 c 32 § 2; Rem. Supp.
1947 § 2751.]
36.37.040
36.36.050 Dissolution of aquifer protection area—
Petition—Ballot proposition. A county legislative authority may dissolve an aquifer protection area upon a finding
that such dissolution is in the public interest.
A ballot proposition to dissolve an aquifer protection district shall be placed on the ballot for the approval or rejection
of the voters residing in an aquifer protection area, when a
petition requesting such a ballot proposition is signed by at
least twenty percent of the voters residing in the aquifer protection area and is filed with the county legislative authority
of the county originally creating the aquifer protection area.
The ballot proposition shall be placed on the ballot at the next
general election occurring sixty or more days after the petition has been filed. Approval of the ballot proposition by a
simple majority vote shall cause the dissolution of the aquifer
protection area. [1985 c 425 § 5.]
36.36.050
36.36.900 Severability—1985 c 425. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 425 § 7.]
36.36.900
Chapter 36.37 RCW
AGRICULTURAL FAIRS AND POULTRY SHOWS
Chapter 36.37
Sections
36.37.010
36.37.020
36.37.040
36.37.050
36.37.090
36.37.100
36.37.110
36.37.150
36.37.160
Fairs authorized—Declared county purpose.
Property may be acquired for fairs.
Expenditure of funds—Revolving fund—Management of
fairs.
District or multiple county fairs authorized.
Poultry shows—Petition—Appropriation.
Poultry shows—Open to public—Admission charge.
Poultry shows—Conduct of shows.
Lease of state-owned lands for county fairgrounds.
Lease of state-owned lands for county fairgrounds—Lands
adjacent to Northern State Hospital.
36.37.010 Fairs authorized—Declared county purpose. The holding of county fairs and agricultural exhibitions of stock, cereals, and agricultural produce of all kinds,
including dairy produce, as well as arts and manufactures, by
any county in the state, and the participation by any county in
36.37.010
[Title 36 RCW—page 100]
36.37.040 Expenditure of funds—Revolving fund—
Management of fairs. The board of county commissioners
of any county may appropriate and expend each year such
sums of money as they deem advisable and necessary for (1)
acquisition of necessary grounds for fairs and world fairs, (2)
construction, improvement and maintenance of buildings
thereon, (3) payment of fair premiums, and (4) the general
maintenance of such fair. The board of county commissioners
of any county may also authorize the county auditor to provide a revolving fund to be used by the fair officials for the
conduct of the fair. The board of county commissioners may
employ persons to assist in the management of fairs or by resolution designate a nonprofit corporation as the exclusive
agency to operate and manage such fairs. [1963 c 4 §
36.37.040. Prior: 1957 c 124 § 1; 1955 c 297 § 1; prior: (i)
1947 c 184 § 3; 1943 c 101 § 1; 1923 c 83 § 2; Rem. Supp.
1947 § 2753 1/2. (ii) 1923 c 83 § 1; 1917 c 32 § 4; RRS §
2753.]
36.37.050
36.37.050 District or multiple county fairs authorized. Each county is authorized to hold one county fair in
each year, or, as an alternative, to participate with any other
county or counties in the holding of a district fair. Where
counties participate in the holding of a district fair, the boards
of county commissioners of each of participating counties
may enter into mutual agreements setting forth the manner
and extent of the participation by each county in the management and support of the district fair, subject to the limitations
imposed on each respective county by the provisions of this
chapter. [1963 c 4 § 36.37.050. Prior: 1947 c 184 § 4; Rem.
Supp. 1947 § 2753a.]
36.37.090
36.37.090 Poultry shows—Petition—Appropriation. Upon petition of twenty-five resident taxpayers of any
county who are interested in the poultry industry, the board of
county commissioners may set aside and include in its annual
budget a sum equivalent to five percent of the assessed valuation of poultry in the county each year for the purpose of
holding winter poultry shows, the said sum not to exceed five
hundred dollars in any one year. [1963 c 4 § 36.37.090. Prior:
1929 c 109 § 1; RRS § 2755-1.]
(2008 Ed.)
Admissions Tax
36.37.100 Poultry shows—Open to public—Admission charge. All poultry shows shall be open to the public.
Such admission charge may be made as is authorized by the
board of county commissioners. [1963 c 4 § 36.37.100.
Prior: 1929 c 109 § 2; RRS § 2755-2.]
36.37.100
36.38.030
36.38.040
36.38.010
Form of ordinance.
Vehicle parking charges tax—Parking facility at stadium and
exhibition center—Use of revenues before and after issuance
of bonds.
Taxes for city and town purposes: State Constitution Art. 11 § 12.
36.38.010 Taxes authorized—Exception as to
schools. (1) Any county may by ordinance enacted by its
county legislative authority, levy and fix a tax of not more
than one cent on twenty cents or fraction thereof to be paid
for county purposes by persons who pay an admission charge
to any place, including a tax on persons who are admitted free
of charge or at reduced rates to any place for which other persons pay a charge or a regular higher charge for the same or
similar privileges or accommodations; and require that one
who receives any admission charge to any place shall collect
and remit the tax to the county treasurer of the county: PROVIDED, No county shall impose such tax on persons paying
an admission to any activity of any elementary or secondary
school or any public facility of a public facility district under
chapter 35.57 or 36.100 RCW for which a tax is imposed
under RCW 35.57.100 or 36.100.210.
(2) As used in this chapter, the term "admission charge"
includes a charge made for season tickets or subscriptions, a
cover charge, or a charge made for use of seats and tables,
reserved or otherwise, and other similar accommodations; a
charge made for food and refreshments in any place where
any free entertainment, recreation, or amusement is provided;
a charge made for rental or use of equipment or facilities for
purpose of recreation or amusement, and where the rental of
the equipment or facilities is necessary to the enjoyment of a
privilege for which a general admission is charged, the combined charges shall be considered as the admission charge. It
shall also include any automobile parking charge where the
amount of such charge is determined according to the number
of passengers in any automobile.
(3) Subject to subsections (4) and (5) of this section, the
tax herein authorized shall not be exclusive and shall not prevent any city or town within the taxing county, when authorized by law, from imposing within its corporate limits a tax
of the same or similar kind: PROVIDED, That whenever the
same or similar kind of tax is imposed by any such city or
town, no such tax shall be levied within the corporate limits
of such city or town by the county.
(4) Notwithstanding subsection (3) of this section, the
legislative authority of a county with a population of one million or more may exclusively levy taxes on events in baseball
stadiums constructed on or after January 1, 1995, that are
owned by a public facilities district under chapter 36.100
RCW and that have seating capacities over forty thousand at
the rates of:
(a) Not more than one cent on twenty cents or fraction
thereof, to be used for the purpose of paying the principal and
interest payments on bonds issued by a county to construct a
baseball stadium as defined in RCW 82.14.0485. If the revenue from the tax exceeds the amount needed for that purpose,
the excess shall be placed in a contingency fund which may
only be used to pay unanticipated capital costs on the baseball
stadium, excluding any cost overruns on initial construction;
and
(b) Not more than one cent on twenty cents or fraction
thereof, to be used for the purpose of paying the principal and
36.38.010
36.37.110 Poultry shows—Conduct of shows. All
such poultry shows shall be held under the rules of the American Poultry Association and only licensed poultry judges
shall be employed thereat. [1963 c 4 § 36.37.110. Prior:
1929 c 109 § 3; RRS § 2755-3.]
36.37.110
36.37.150 Lease of state-owned lands for county fairgrounds. If requested by a county legislative authority, an
agency of the state managing state-owned lands, other than
state trust lands, shall consider leasing a requested portion of
these lands that are not used for any significant purpose and
if not otherwise prohibited, to the county to be used as county
fairgrounds. If it is determined that such a lease shall be
made, the agency in setting lease charges shall consider the
fair market return for leasing the land, the public benefit for
leasing the land to the county for county fair purposes at a
level below the fair market return, and other appropriate factors. [1986 c 307 § 3.]
36.37.150
Intent—1986 c 307: "The legislature finds that county fairs provide
unique educational opportunities to the people of this state and are a public
purpose. By helping counties acquire lands for county fairs, the legislature
intends to preserve and enhance the educational opportunities of the people
of this state." [1986 c 307 § 1.]
36.37.160 Lease of state-owned lands for county fairgrounds—Lands adjacent to Northern State Hospital. If
requested by a county legislative authority, the department of
natural resources shall negotiate a lease for any requested
portion of the state lands directly adjacent to buildings on the
Northern State Hospital site that were transferred to the
department under chapter 178, Laws of 1974 ex. sess., if not
otherwise prohibited, to the county to use for the purpose of
establishing county fairgrounds. However, the portion to be
leased shall be contiguous and compact, of an area not to
exceed two hundred fifty acres and shall be segregated in
such a manner that the remaining portion of these state lands
can be efficiently managed by the department. The lease shall
be for as long as the county is actually using the land as the
site of the county fairgrounds. Notwithstanding chapter 178,
Laws of 1974 ex. sess., the department shall charge the
county the sum of one thousand dollars per year for the lease
of such lands and this sum may be periodically adjusted to
compensate the department for any increased costs in administration of the lease. The lease shall contain provisions
directing payment of all assessments and authorizing the
county to place any improvements on the leased lands if the
improvements are consistent with the purposes of county
fairs. [1986 c 307 § 2.]
36.37.160
Intent—1986 c 307: See note following RCW 36.37.150.
Chapter 36.38
Sections
36.38.010
36.38.020
(2008 Ed.)
Chapter 36.38 RCW
ADMISSIONS TAX
Taxes authorized—Exception as to schools.
Optional provisions in ordinance.
[Title 36 RCW—page 101]
36.38.020
Title 36 RCW: Counties
interest payments on bonds issued by a county to construct a
baseball stadium as defined in RCW 82.14.0485. The tax
imposed under this subsection (4)(b) shall expire when the
bonds issued for the construction of the baseball stadium are
retired, but not later than twenty years after the tax is first collected.
(5) Notwithstanding subsection (3) of this section, the
legislative authority of a county that has created a public stadium authority to develop a stadium and exhibition center
under RCW 36.102.050 may levy and fix a tax on charges for
admission to events in a stadium and exhibition center, as
defined in RCW 36.102.010, constructed in the county on or
after January 1, 1998, that is owned by a public stadium
authority under chapter 36.102 RCW. The tax shall be exclusive and shall preclude the city or town within which the stadium and exhibition center is located from imposing a tax of
the same or similar kind on charges for admission to events in
the stadium and exhibition center, and shall preclude the
imposition of a general county admissions tax on charges for
admission to events in the stadium and exhibition center. For
the purposes of this subsection, "charges for admission to
events" means only the actual admission charge, exclusive of
taxes and service charges and the value of any other benefit
conferred by the admission. The tax authorized under this
subsection shall be at the rate of not more than one cent on ten
cents or fraction thereof. Revenues collected under this subsection shall be deposited in the stadium and exhibition center account under RCW 43.99N.060 until the bonds issued
under RCW 43.99N.020 for the construction of the stadium
and exhibition center are retired. After the bonds issued for
the construction of the stadium and exhibition center are
retired, the tax authorized under this section shall be used
exclusively to fund repair, reequipping, and capital improvement of the stadium and exhibition center. The tax under this
subsection may be levied upon the first use of any part of the
stadium and exhibition center but shall not be collected at any
facility already in operation as of July 17, 1997. [1999 c 165
§ 20; 1997 c 220 § 301 (Referendum Bill No. 48, approved
June 17, 1997); 1995 3rd sp.s. c 1 § 203; 1995 1st sp.s. c 14 §
9; 1963 c 4 § 36.38.010. Prior: 1957 c 126 § 2; 1951 c 34 §
1; 1943 c 269 § 1; Rem. Supp. 1943 § 11241-10.]
Severability—1999 c 164: See RCW 35.57.900.
Referendum—Other legislation limited—Legislators’ personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
Part headings not law—Effective date—1995 3rd sp.s. c 1: See notes
following RCW 82.14.0485.
Severability—Effective dates—1995 1st sp.s. c 14: See notes following RCW 36.100.010.
36.38.020 Optional provisions in ordinance. In addition to the provisions levying and fixing the amount of tax,
the ordinance may contain any or all of the following provisions:
(1) A provision defining the words and terms used
therein;
(2) A provision requiring the price (exclusive of the tax
to be paid by the person paying for admission) at which every
36.38.020
[Title 36 RCW—page 102]
admission ticket or card is sold to be conspicuously and
indelibly printed or written on the face or back of that part of
the ticket which is to be taken up by the management of the
place for which an admission charge is exacted, and making
the violation of such provision a misdemeanor punishable by
fine of not exceeding one hundred dollars;
(3) Provisions fixing reasonable exemptions from such
tax;
(4) Provisions allowing as an offset against the tax, the
amount of like taxes levied, fixed, and collected within their
jurisdiction by incorporated cities and towns in the county;
(5) A provision requiring persons receiving payments for
admissions taxed under said ordinance to collect the amount
of the tax from the persons making such payments;
(6) A provision to the effect that the tax imposed by said
ordinance shall be deemed to be held in trust by the person
required to collect the same until paid to the county treasurer,
and making it a misdemeanor for any person receiving payment of the tax and appropriating or converting the same to
his own use or to any use other than the payment of the tax as
provided in said ordinance to the extent that the amount of
such tax is not available for payment on the due date for filing
returns as provided in said ordinance;
(7) A provision that in case any person required by the
ordinance to collect the tax imposed thereby fails to collect
the same, or having collected the tax fails to pay the same to
the county treasurer in the manner prescribed by the ordinance, whether such failure is the result of such person’s own
acts or the result of acts or conditions beyond such person’s
control, such person shall nevertheless be personally liable to
the county for the amount of the tax;
(8) Provisions fixing the time when the taxes imposed by
the ordinance shall be due and payable to the county treasurer; requiring persons receiving payments for admissions to
make periodic returns to the county treasurer on such forms
and setting forth such information as the county treasurer
may specify; requiring such return to show the amount of tax
upon admissions for which such person is liable for specified
preceding periods, and requiring such person to sign and
transmit the same to the county treasurer together with a
remittance for the amount;
(9) A provision requiring taxpayers to file with the
county treasurer verified annual returns setting forth such
additional information as he may deem necessary to determine tax liability correctly;
(10) A provision to the effect that whenever a certificate
of registration, if required by the ordinance, is obtained for
operating or conducting temporary places of amusement by
persons who are not the owners, lessees, or custodians of the
building, lot or place where the amusement is to be conducted, or whenever the business is permitted to be conducted without the procurement of a certificate, the tax
imposed shall be returned and paid as provided in the ordinance by such owner, lessee, or custodian, unless paid by the
person conducting the place of amusement;
(11) A provision requiring the applicant for a temporary
certificate of registration, if required by the ordinance, to furnish with the application therefor, the name and address of
the owner, lessee, or custodian of the premises upon which
the amusement is to be conducted, and requiring the county
treasurer to notify such owner, lessee, or custodian of the
(2008 Ed.)
Assistance and Relief
issuance of any such temporary certificate, and of the joint
liability for such tax;
(12) A provision empowering the county treasurer to
declare the tax upon temporary or itinerant places of amusement to be immediately due and payable and to collect the
same, when he believes there is a possibility that the tax
imposed under the ordinance will not be otherwise paid;
(13) Any or all of the applicable general administrative
provisions contained in RCW 82.32.010 through 82.32.340
and 82.32.380, and the amendments thereto, except that
unless otherwise indicated by the context of said sections, in
all provisions so incorporated in such ordinance (a) the term
"county treasurer" (of the county enacting said ordinance)
shall be substituted for each reference made in said sections
to the "department," the "department of revenue," "any
employee of the department," or "director of the department
of revenue"; (b) the name of the county enacting such ordinance shall be substituted for each reference made in said
sections to the "state" or to the "state of Washington"; (c) the
term "this ordinance" shall be substituted for each reference
made in said sections to "this chapter"; (d) the name of the
county enacting said ordinance shall be substituted for each
reference made in said sections to "Thurston county"; and (e)
the term "board of county commissioners" shall be substituted for each reference made in said sections to the "director
of financial management." [1979 c 151 § 38; 1975 1st ex.s. c
278 § 21; 1963 c 4 § 36.38.020. Prior: 1943 c 269 § 3; Rem.
Supp. 1943 § 11241-12.]
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
36.38.030 Form of ordinance. The ordinance levying
and fixing the tax shall be headed by a title expressing the
subject thereof, and the style of the ordinance shall be: "Be it
ordained by the Board of County Commissioners of . . . . . .
County, State of Washington." The ordinance shall be
enacted by a majority vote of the board at a regular meeting
thereof, and only after the form of such ordinance as ultimately enacted has been on file with the clerk of the board
and open to public inspection for not less than ten days. The
ordinance shall not become effective until thirty days following its enactment, and within five days following its enactment it shall be printed and published in a newspaper of general circulation in the county. The ordinance shall be signed
by a majority of the board, attested by the clerk of the board,
and shall be duly entered and recorded in the book wherein
orders of the board are entered and recorded. The ordinance
may be at any time amended or repealed by an ordinance
enacted, published, and recorded in the same manner. [1963
c 4 § 36.38.030. Prior: 1943 c 269 § 2; Rem. Supp. 1943 §
11241-11.]
36.38.030
36.38.040 Vehicle parking charges tax—Parking
facility at stadium and exhibition center—Use of revenues
before and after issuance of bonds. The legislative authority of a county that has created a public stadium authority to
develop a stadium and exhibition center under RCW
36.102.050 may levy and fix a tax on any vehicle parking
charges imposed at any parking facility that is part of a stadium and exhibition center, as defined in RCW 36.102.010.
The tax shall be exclusive and shall preclude the city or town
36.38.040
(2008 Ed.)
36.39.040
within which the stadium and exhibition center is located
from imposing within its corporate limits a tax of the same or
similar kind on any vehicle parking charges imposed at any
parking facility that is part of a stadium and exhibition center.
For the purposes of this section, "vehicle parking charges"
means only the actual parking charges exclusive of taxes and
service charges and the value of any other benefit conferred.
The tax authorized under this section shall be at the rate of not
more than ten percent. Revenues collected under this section
shall be deposited in the stadium and exhibition center
account under RCW 43.99N.060 until the bonds issued under
RCW 43.99N.020 for the construction of the stadium and
exhibition center are retired. After the bonds issued for the
construction of the stadium and exhibition center are retired,
the tax authorized under this section shall be used exclusively
to fund repair, reequipping, and capital improvement of the
stadium and exhibition center. The tax under this section may
be levied upon the first use of any part of the stadium and
exhibition center but shall not be collected at any facility
already in operation as of July 17, 1997. [1997 c 220 § 302
(Referendum Bill No. 48, approved June 17, 1997).]
Referendum—Other legislation limited—Legislator’s personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
Chapter 36.39
Chapter 36.39 RCW
ASSISTANCE AND RELIEF
Sections
36.39.010
36.39.030
36.39.040
36.39.050
36.39.060
Public assistance.
Disposal of remains of indigent persons.
Federal surplus commodities—County expenses—Handling
commodities for certified persons—County program, cooperative program.
Federal surplus commodities—Certification of persons by
department of social and health services.
Senior citizens programs—Long-term care ombudsman programs—Authorization.
Burial of indigent war veterans: Chapter 73.24 RCW.
Housing authorities law: Chapter 35.82 RCW.
Veterans’ relief: Chapter 73.08 RCW.
36.39.010 Public assistance.
ally, see Title 74 RCW.
36.39.010
Public assistance gener-
36.39.030 Disposal of remains of indigent persons.
The board of county commissioners of any county shall provide for the disposition of the remains of any indigent person
including a recipient of public assistance who dies within the
county and whose body is unclaimed by relatives or church
organization. [1963 c 4 § 36.39.030. Prior: 1953 c 224 § 1;
1951 c 258 § 1.]
36.39.030
36.39.040 Federal surplus commodities—County
expenses—Handling commodities for certified persons—
County program, cooperative program. The county commissioners of any county may expend from the county general fund for the purpose of receiving, warehousing and distributing federal surplus commodities for the use of or assistance to recipients of public assistance or other needy
36.39.040
[Title 36 RCW—page 103]
36.39.050
Title 36 RCW: Counties
families and individuals when such recipients, families or
individuals are certified as eligible to obtain such commodities by the state department of social and health services. The
county commissioners may expend county general fund moneys to carry out any such program as a sole county operation
or in conjunction or cooperation with any similar program of
distribution by private individuals or organizations, any
department of the state, or any political subdivision of the
state. [1979 c 141 § 43; 1963 c 4 § 36.39.040. Prior: 1957 c
187 § 5.]
36.40.195
36.40.200
36.40.205
36.40.210
36.40.220
36.40.230
36.40.240
36.40.250
Supplemental appropriations of unanticipated funds from local
sources.
Lapse of budget appropriations.
Salary adjustment for county legislative authority office—Ratification and validation of preelection action.
Monthly report by auditor.
Rules, classifications, and forms.
No new funds created.
Penalty.
Biennial budgets—Supplemental and emergency budgets.
County road property tax revenues, budgeting of for services: RCW
36.33.220.
Flood control zone district budget as affecting: RCW 86.15.140.
36.39.050 Federal surplus commodities—Certification of persons by department of social and health services. See RCW 74.04.340 through 74.04.360.
Juvenile detention facilities, budget allocation may be used for: RCW
13.16.080.
36.39.060 Senior citizens programs—Long-term
care ombudsman programs—Authorization. (1) Counties, cities, and towns are granted the authority, and it is
hereby declared to be a public purpose for counties, cities,
and towns, to establish and administer senior citizens programs either directly or by creating public corporations or
authorities to carry out the programs and to expend their own
funds for such purposes, as well as to expend federal, state, or
private funds that are made available for such purposes. Such
federal funds shall include, but not be limited to, funds provided under the federal older Americans act, as amended (42
U.S.C. Sec. 3001 et seq.).
(2) Counties, cities, and towns may establish and administer long-term care ombudsman programs for residents,
patients, and clients if such a program is not prohibited by
federal or state law. Such local ombudsman programs shall
be coordinated with the efforts of other long-term care
ombudsman programs, including the office of the state longterm care ombudsman established in RCW 43.190.030, to
avoid multiple investigation of complaints. [1983 c 290 § 13;
1979 c 109 § 1.]
36.40.010 Estimates to be filed by county officials.
On or before the second Monday in July of each year the
county auditor shall notify in writing each county official,
elective or appointive, in charge of an office, department, service, or institution of the county, to file with him on or before
the second Monday in August thereafter detailed and itemized estimates, both of the probable revenues from sources
other than taxation, and of all expenditures required by such
office, department, service, or institution for the ensuing fiscal year. [1963 c 4 § 36.40.010. Prior: 1923 c 164 § 1, part;
RRS § 3997-1, part.]
36.39.050
36.39.060
Severability—1983 c 290: See RCW 43.190.900.
Chapter 36.40
Chapter 36.40 RCW
BUDGET
Sections
36.40.010
36.40.020
36.40.030
36.40.040
36.40.050
36.40.060
36.40.070
36.40.071
36.40.080
36.40.090
36.40.100
36.40.120
36.40.130
36.40.140
36.40.150
36.40.160
36.40.170
36.40.180
36.40.190
Estimates to be filed by county officials.
Commissioners to file road and bridge estimate and estimate of
future bond expenditures.
Forms of estimates—Penalty for delay.
Preliminary budget prepared by county auditor or chief financial officer.
Revision by county commissioners.
Notice of hearing on budget.
Budget hearing.
Budget hearing—Alternate date for budget hearing.
Final budget to be fixed.
Taxes to be levied.
Budget constitutes appropriations—Transfers—Supplemental
appropriations.
Limitation on use of borrowed money.
County not liable on overexpenditure—Penalty against officials.
Emergencies subject to hearing.
Emergencies subject to hearing—Right of taxpayer to review
order.
Emergencies subject to hearing—Petition for review suspends
order.
Emergencies subject to hearing—Court’s power on review.
Emergencies subject to hearing—Nondebatable emergencies.
Payment of emergency warrants.
[Title 36 RCW—page 104]
Metropolitan municipal corporation costs in: RCW 35.58.420.
36.40.010
36.40.020 Commissioners to file road and bridge estimate and estimate of future bond expenditures. The
county commissioners shall submit to the auditor a detailed
statement showing all new road and bridge construction to be
financed from the county road fund, and from bond issues
theretofore issued, if any, for the ensuing fiscal year, together
with the cost thereof as computed by the county road engineer or for constructions in charge of a special engineer, then
by such engineer, and such engineer shall prepare such estimates of cost for the county commissioners. They shall also
submit a similar statement showing the road and bridge maintenance program, as near as can be estimated.
The county commissioners shall also submit to the auditor detailed estimates of all expenditures for construction or
improvement purposes proposed to be made from the proceeds of bonds or warrants not yet authorized. [1963 c 4 §
36.40.020. Prior: 1923 c 164 § 1, part; RRS § 3997-1, part.]
36.40.020
36.40.030 Forms of estimates—Penalty for delay.
The estimates required in RCW 36.40.010 and 36.40.020
shall be submitted on forms provided by the county auditor or
chief financial officer and classified according to the classification established by the state auditor. The county auditor or
chief financial officer shall provide such forms. He or she
shall also prepare the estimates for interest and debt redemption requirements and any other estimates the preparation of
which properly falls within the duties of his or her office.
Each such official shall file his or her estimates within
the time and in the manner provided in the notice and form
and the county auditor or chief financial officer shall deduct
and withhold as a penalty from the salary of each official failing or refusing to file such estimates as herein provided, the
sum of ten dollars for each day of delay: PROVIDED, That
36.40.030
(2008 Ed.)
Budget
the total penalty against any one official shall not exceed fifty
dollars in any one year.
In the absence or disability of any official the duties
required herein shall devolve upon the official or employee in
charge of the office, department, service, or institution for the
time being. The notice shall contain a copy of this penalty
clause. [1995 c 301 § 62; 1963 c 4 § 36.40.030. Prior: 1923
c 164 § 1, part; RRS § 3997-1, part.]
36.40.040 Preliminary budget prepared by county
auditor or chief financial officer. Upon receipt of the estimates the county auditor or chief financial officer shall prepare the county budget which shall set forth the complete
financial program of the county for the ensuing fiscal year,
showing the expenditure program and the sources of revenue
by which it is to be financed.
The revenue section shall set forth the estimated receipts
from sources other than taxation for each office, department,
service, or institution for the ensuing fiscal year, the actual
receipts for the first six months of the current fiscal year and
the actual receipts for the last completed fiscal year, the estimated surplus at the close of the current fiscal year and the
amount proposed to be raised by taxation.
The expenditure section shall set forth in comparative
and tabular form by offices, departments, services, and institutions the estimated expenditures for the ensuing fiscal year,
the appropriations for the current fiscal year, the actual
expenditures for the first six months of the current fiscal year
including all contracts or other obligations against current
appropriations, and the actual expenditures for the last completed fiscal year.
All estimates of receipts and expenditures for the ensuing year shall be fully detailed in the annual budget and shall
be classified and segregated according to a standard classification of accounts to be adopted and prescribed by the state
auditor after consultation with the Washington state association of counties and the Washington state association of
county officials.
The county auditor or chief financial officer shall set
forth separately in the annual budget to be submitted to the
county legislative authority the total amount of emergency
warrants issued during the preceding fiscal year, together
with a statement showing the amount issued for each emergency, and the legislative authority shall include in the annual
tax levy, a levy sufficient to raise an amount equal to the total
of such warrants: PROVIDED, That the legislative authority
may fund the warrants or any part thereof into bonds instead
of including them in the budget levy. [1995 c 301 § 63; 1995
c 194 § 7; 1973 c 39 § 1. Prior: 1971 ex.s. c 85 § 4; 1969 ex.s.
c 252 § 1; 1963 c 4 § 36.40.040; prior: (i) 1923 c 164 § 2;
RRS § 3997-2. (ii) 1925 ex.s. c 143 § 2, part; 1923 c 164 § 6,
part; RRS § 3997-6, part.]
36.40.040
Reviser’s note: This section was amended by 1995 c 194 § 7 and by
1995 c 301 § 63, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
36.40.050 Revision by county commissioners. The
budget shall be submitted by the auditor to the board of
county commissioners on or before the first Tuesday in September of each year. The board shall thereupon consider the
36.40.050
(2008 Ed.)
36.40.080
same in detail, making any revisions or additions it deems
advisable. [1963 c 4 § 36.40.050. Prior: 1923 c 164 § 3, part;
RRS § 3997-3, part.]
36.40.060 Notice of hearing on budget. The county
legislative authority shall then publish a notice stating that it
has completed and placed on file its preliminary budget for
the county for the ensuing fiscal year, a copy of which will be
furnished any citizen who will call at its office for it, and that
it will meet on the first Monday in October thereafter for the
purpose of fixing the final budget and making tax levies, designating the time and place of the meeting, and that any taxpayer may appear thereat and be heard for or against any part
of the budget. The notice shall be published once each week
for two consecutive weeks immediately following adoption
of the preliminary budget in the official newspaper of the
county. The county legislative authority shall provide a sufficient number of copies of the detailed and comparative preliminary budget to meet the reasonable demands of taxpayers
therefor and the same shall be available for distribution not
later than two weeks immediately preceding the first Monday
in October. [1985 c 469 § 47; 1963 c 4 § 36.40.060. Prior:
1923 c 164 § 3, part; RRS § 3997-3, part.]
36.40.060
36.40.070 Budget hearing. On the first Monday in
October in each year the board of county commissioners shall
meet at the time and place designated in the notice, whereat
any taxpayer may appear and be heard for or against any part
of the budget. The hearing may be continued from day to day
until concluded but not to exceed a total of five days. The
officials in charge of the several offices, departments, services, and institutions shall, at the time the estimates for their
respective offices, departments, services or institutions are
under consideration be called in and appear before such hearing by the board at the request of any taxpayer and may be
questioned concerning such estimates by the commissioners
or any taxpayer present. [1963 c 4 § 36.40.070. Prior: 1943
c 145 § 1, part; 1941 c 99 § 1, part; 1923 c 164 § 4, part; Rem.
Supp. 1943 § 3997-4, part.]
36.40.070
36.40.071 Budget hearing—Alternate date for budget hearing. Notwithstanding any provision of law to the
contrary, the board of county commissioners may meet for
the purpose of holding a budget hearing, provided for in
RCW 36.40.070, on the first Monday in December. The
board of county commissioners may also set other dates relating to the budget process, including but not limited to the
dates set in RCW 36.40.010, 36.40.050, and 36.81.130 to
conform to the alternate date for the budget hearing. [1971
ex.s. c 136 § 1.]
36.40.071
36.40.080 Final budget to be fixed. Upon the conclusion of the budget hearing the county legislative authority
shall fix and determine each item of the budget separately and
shall by resolution adopt the budget as so finally determined
and enter the same in detail in the official minutes of the
board, a copy of which budget shall be forwarded to the state
auditor. [1995 c 301 § 64; 1963 c 4 § 36.40.080. Prior: 1943
c 145 § 1, part; 1941 c 99 § 1, part; 1923 c 164 § 4, part; Rem.
Supp. 1943 § 3997-4, part.]
36.40.080
[Title 36 RCW—page 105]
36.40.090
Title 36 RCW: Counties
36.40.090 Taxes to be levied. The board of county
commissioners shall then fix the amount of the levies necessary to raise the amount of the estimated expenditures as
finally determined, less the total of the estimated revenues
from sources other than taxation, including such portion of
any available surplus as in the discretion of the board it shall
be advisable to so use, and such expenditures as are to be met
from bond or warrant issues: PROVIDED, That no county
shall retain an unbudgeted cash balance in the current
expense fund in excess of a sum equal to the proceeds of a
one dollar and twenty-five cents per thousand dollars of
assessed value levy against the assessed valuation of the
county. All taxes shall be levied in specific sums and shall not
exceed the amount specified in the preliminary budget.
[1973 1st ex.s. c 195 § 33; 1963 c 4 § 36.40.090. Prior: 1943
c 145 § 1, part; 1941 c 99 § 1, part; 1923 c 164 § 4, part; Rem.
Supp. 1943 § 3997-4, part.]
36.40.090
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
36.40.100 Budget constitutes appropriations—
Transfers—Supplemental appropriations. The estimates
of expenditures itemized and classified as required in RCW
36.40.040 and as finally fixed and adopted in detail by the
board of county commissioners shall constitute the appropriations for the county for the ensuing fiscal year; and every
county official shall be limited in the making of expenditures
or the incurring of liabilities to the amount of the detailed
appropriation items or classes respectively: PROVIDED,
That upon a resolution formally adopted by the board at a
regular or special meeting and entered upon the minutes,
transfers or revisions within departments, or supplemental
appropriations to the budget from unanticipated federal or
state funds may be made: PROVIDED FURTHER, That the
board shall publish notice of the time and date of the meeting
at which the supplemental appropriations resolution will be
adopted, and the amount of the appropriation, once each
week, for two consecutive weeks prior to the meeting in the
official newspaper of the county. [1985 c 469 § 48; 1973 c 97
§ 1; 1969 ex.s. c 252 § 2; 1965 ex.s. c 19 § 1; 1963 c 4 §
36.40.100. Prior: 1945 c 201 § 1, part; 1943 c 66 § 1, part;
1927 c 301 § 1, part; 1923 c 164 § 5, part; Rem. Supp. 1945
§ 3997-5, part.]
liability of the county, but the official making or incurring
such expenditure or issuing such warrant shall be liable therefor personally and upon his official bond. The county auditor
shall issue no warrant and the county commissioners shall
approve no claim for any expenditure in excess of the
detailed budget appropriations or as revised under the provisions of RCW 36.40.100 through 36.40.130, except upon an
order of a court of competent jurisdiction, or for emergencies
as hereinafter provided. Any county commissioner, or county
auditor, approving any claim or issuing any warrant in excess
of any such budget appropriation except as herein provided
shall forfeit to the county fourfold the amount of such claim
or warrant which shall be recovered by action against such
county commissioner or auditor, or all of them, and the several sureties on their official bonds. [1963 c 4 § 36.40.130.
Prior: 1945 c 201 § 1, part; 1943 c 66 § 1, part; 1927 c 301 §
1, part; 1923 c 164 § 5, part; Rem. Supp. 1945 § 3997-5,
part.]
*Reviser’s note: RCW 36.40.110 was repealed by 1997 c 204 § 6.
36.40.100
36.40.120 Limitation on use of borrowed money.
Moneys received from borrowing shall be used for no other
purpose than that for which borrowed except that if any surplus shall remain after the accomplishment of the purpose for
which borrowed, it shall be used to redeem the county debt.
Where the budget contains an expenditure program to be
financed from a bond issue to be authorized thereafter no
such expenditure shall be made or incurred until such bonds
have been duly authorized. [1963 c 4 § 36.40.120. Prior:
1945 c 201 § 1, part; 1943 c 66 § 1, part; 1927 c 301 § 1, part;
1923 c 164 § 5, part; Rem. Supp. 1945 § 3997-5, part.]
36.40.120
36.40.130 County not liable on overexpenditure—
Penalty against officials. Expenditures made, liabilities
incurred, or warrants issued in excess of any of the detailed
budget appropriations or as revised by transfer as in RCW
36.40.100, *36.40.110 or 36.40.120 provided shall not be a
36.40.130
[Title 36 RCW—page 106]
36.40.140 Emergencies subject to hearing. When a
public emergency, other than such as are specifically
described in RCW 36.40.180, and which could not reasonably have been foreseen at the time of making the budget,
requires the expenditure of money not provided for in the
budget, the board of county commissioners by majority vote
of the commissioners at any meeting the time and place of
which all the commissioners have had reasonable notice,
shall adopt and enter upon its minutes a resolution stating the
facts constituting the emergency and the estimated amount of
money required to meet it, and shall publish the same,
together with a notice that a public hearing thereon will be
held at the time and place designated therein, which shall not
be less than one week after the date of publication, at which
any taxpayer may appear and be heard for or against the
expenditure of money for the alleged emergency. The resolution and notice shall be published once in the official county
newspaper, or if there is none, in a legal newspaper in the
county. Upon the conclusion of the hearing, if the board of
county commissioners approves it, an order shall be made
and entered upon its official minutes by a majority vote of all
the members of the board setting forth the facts constituting
the emergency, together with the amount of expenditure
authorized, which order, so entered, shall be lawful authorization to expend said amount for such purpose unless a
review is applied for within five days thereafter. [1969 ex.s.
c 185 § 3; 1963 c 4 § 36.40.140. Prior: 1925 ex.s. c 143 § 2,
part; 1923 c 164 § 6, part; RRS § 3997-6, part.]
36.40.140
Severability—1969 ex.s. c 185: See RCW 36.87.900.
36.40.150 Emergencies subject to hearing—Right of
taxpayer to review order. No expenditure shall be made or
liability incurred pursuant to the order until a period of five
days, exclusive of the day of entry of the order, have elapsed,
during which time any taxpayer or taxpayers of the county
feeling aggrieved by the order may have the superior court of
the county review it by filing with the clerk of such court a
verified petition, a copy of which has been served upon the
county auditor. The petition shall set forth in detail the objections of the petitioners to the order and the reasons why the
36.40.150
(2008 Ed.)
Budget
alleged emergency does not exist. [1963 c 4 § 36.40.150.
Prior: 1925 ex.s. c 143 § 2, part; 1923 c 164 § 6, part; RRS §
3997-6, part.]
36.40.160 Emergencies subject to hearing—Petition
for review suspends order. The service and filing of the
petition shall operate to suspend the emergency order and the
authority to make any expenditure or incur any liability thereunder until final determination of the matter by the court.
[1963 c 4 § 36.40.160. Prior: 1925 ex.s. c 143 § 2, part; 1923
c 164 § 6, part; RRS § 3997-6, part.]
36.40.160
36.40.170 Emergencies subject to hearing—Court’s
power on review. Upon the filing of a petition the court shall
immediately fix a time for hearing it which shall be at the earliest convenient date. At such hearing the court shall hear the
matter de novo and may take such testimony as it deems necessary. Its proceedings shall be summary and informal and its
determination as to whether an emergency such as is contemplated within the meaning and purpose of this chapter exists
or not and whether the expenditure authorized by said order
is excessive or not shall be final. [1963 c 4 § 36.40.170.
Prior: 1925 ex.s. c 143 § 2, part; 1923 c 164 § 6, part; RRS §
3997-6, part.]
36.40.170
36.40.180 Emergencies subject to hearing—Nondebatable emergencies. Upon the happening of any emergency caused by fire, flood, explosion, storm, earthquake,
epidemic, riot, or insurrection, or for the immediate preservation of order or of public health or for the restoration to a condition of usefulness of any public property the usefulness of
which has been destroyed by accident, or for the relief of a
stricken community overtaken by a calamity, or in settlement
of approved claims for personal injuries or property damages,
exclusive of claims arising from the operation of any public
utility owned by the county, or to meet mandatory expenditures required by any law, the board of county commissioners
may, upon the adoption by the unanimous vote of the commissioners present at any meeting the time and place of
which all of such commissioners have had reasonable notice,
of a resolution stating the facts constituting the emergency
and entering the same upon their minutes, make the expenditures necessary to meet such emergency without further
notice or hearing. [1963 c 4 § 36.40.180. Prior: 1925 ex.s. c
143 § 2, part; 1923 c 164 § 6, part; RRS § 3997-6, part.]
36.40.180
36.40.190 Payment of emergency warrants. All
emergency expenditures shall be paid for by the issuance of
emergency warrants which shall be paid from any moneys on
hand in the county treasury in the fund properly chargeable
therewith and the county treasurer shall pay such warrants
out of any moneys in the treasury in such fund. If at any time
there are insufficient moneys on hand in the treasury to pay
any of such warrants, they shall be registered, bear interest
and be called in the manner provided by law for other county
warrants. [1963 c 4 § 36.40.190. Prior: 1925 ex.s. c 143 § 2,
part; 1923 c 164 § 6, part; RRS § 3997-6, part.]
36.40.190
36.40.230
mental appropriations provided in RCW 36.40.100 and
36.40.140, the county legislative authority may provide by
resolution a policy for supplemental appropriations as a result
of unanticipated funds from local revenue sources. [1997 c
204 § 4.]
36.40.200 Lapse of budget appropriations. All appropriations shall lapse at the end of the fiscal year: PROVIDED, That the appropriation accounts may remain open
for a period of thirty days, and may, at the auditor’s discretion, remain open for a period not to exceed sixty days thereafter for the payment of claims incurred against such appropriations prior to the close of the fiscal year.
After such period has expired all appropriations shall
become null and void and any claim presented thereafter
against any such appropriation shall be provided for in the
next ensuing budget: PROVIDED, That this shall not prevent payments upon uncompleted improvements in progress
at the close of the fiscal year. [1997 c 204 § 2; 1963 c 4 §
36.40.200. Prior: 1925 ex.s. c 143 § 2, part; 1923 c 164 § 6,
part; RRS § 3997-6, part.]
36.40.200
36.40.205 Salary adjustment for county legislative
authority office—Ratification and validation of preelection action. If prior to the election for any county legislative
authority office, a salary adjustment for such position to
become effective upon the commencement of the term next
following such election is adopted by ordinance or resolution
of the legislative authority of such county, and a salary
adjustment coinciding with such preceding ordinance or resolution thereof is properly adopted as part of the county budget for the years following such election, such action shall be
deemed a continuing part of and shall ratify and validate the
preelection action as to such salary adjustment. [1975 1st
ex.s. c 32 § 1.]
36.40.205
36.40.210 Monthly report by auditor. On or before
the twenty-fifth day of each month the auditor shall submit to
the board of county commissioners a report showing the
expenditures and liabilities against each separate budget
appropriation incurred during the preceding calendar month
and like information for the whole of the current fiscal year to
the first day of said month, together with the unexpended and
unencumbered balance of each appropriation. He shall also
set forth the receipts from taxes and from sources other than
taxation for the same periods. [1963 c 4 § 36.40.210. Prior:
1923 c 164 § 7; RRS § 3997-7.]
36.40.210
36.40.220 Rules, classifications, and forms. The state
auditor may make such rules, classifications, and forms as
may be necessary to carry out the provisions in respect to
county budgets, define what expenditures shall be chargeable
to each budget account, and establish such accounting and
cost systems as may be necessary to provide accurate budget
information. [1995 c 301 § 65; 1963 c 4 § 36.40.220. Prior:
1923 c 164 § 8; RRS § 3997-8.]
36.40.220
36.40.230 No new funds created. This chapter shall
not be construed to create any new fund. [1963 c 4 §
36.40.230. Prior: 1923 c 164 § 9; RRS § 3997-9.]
36.40.230
36.40.195 Supplemental appropriations of unanticipated funds from local sources. In addition to the supple36.40.195
(2008 Ed.)
[Title 36 RCW—page 107]
36.40.240
Title 36 RCW: Counties
36.40.240 Penalty. Any person violating any of the
provisions of this chapter shall be guilty of a misdemeanor
and upon conviction thereof shall be fined not less than
twenty-five dollars nor more than five hundred dollars.
[1963 c 4 § 36.40.240. Prior: 1923 c 164 § 10; RRS § 399710.]
36.40.240
36.40.250 Biennial budgets—Supplemental and
emergency budgets. In lieu of adopting an annual budget,
the county legislative authority of any county may adopt an
ordinance or a resolution providing for biennial budgets with
a mid-biennium review and modification for the second year
of the biennium. The county legislative authority may repeal
such an ordinance or resolution and revert to adopting annual
budgets for a period commencing after the end of a biennial
budget cycle. The county legislative authority of a county
with a biennial budget cycle may adopt supplemental and
emergency budgets in the same manner and subject to the
same conditions as the county legislative authority in a
county with an annual budget cycle.
The procedure and steps for adopting a biennial budget
shall conform with the procedure and steps for adopting an
annual budget and with requirements established by the state
auditor. The state auditor shall establish requirements for preparing and adopting the mid-biennium review and modification for the second year of the biennium.
Expenditures included in the biennial budget, mid-term
modification budget, supplemental budget, or emergency
budget shall constitute the appropriations for the county during the applicable period of the budget and every county official shall be limited in making expenditures or incurring liabilities to the amount of the detailed appropriation item or
classes in the budget.
In lieu of adopting an annual budget or a biennial budget
with a mid-biennium review for all funds, the legislative
authority of any county may adopt an ordinance or a resolution providing for a biennial budget or budgets for any one or
more funds of the county, with a mid-biennium review and
modification for the second year of the biennium, with the
other funds remaining on an annual budget. The county legislative authority may repeal such an ordinance or resolution
and revert to adopting annual budgets for a period commencing after the end of the biennial budget or biennial budgets for
the specific agency fund or funds. The county legislative
authority of a county with a biennial budget cycle may adopt
supplemental and emergency budgets in the same manner
and subject to the same conditions as the county legislative
authority in a county with an annual budget cycle.
The county legislative authority shall hold a public hearing on the proposed county property taxes and proposed road
district property taxes prior to imposing the property tax levies. [1997 c 204 § 3; 1995 c 193 § 1.]
36.40.250
Reviser’s note: 1995 c 193 directed that this section be added to chapter 36.32 RCW. Since this placement appears inappropriate, this section has
been codified as part of chapter 36.40 RCW.
Chapter 36.42
Chapter 36.42 RCW
RETAIL SALES AND USE TAXES
County and city sales and use taxes: Chapter 82.14 RCW.
[Title 36 RCW—page 108]
Chapter 36.43 RCW
BUILDING CODES AND FIRE REGULATIONS
Chapter 36.43
Sections
36.43.010
36.43.020
36.43.030
36.43.040
Authority to adopt.
Area to which applicable.
Enforcement—Inspectors.
Penalty for violation of code or regulation.
Electrical construction regulations applicable to counties: RCW 19.29.010.
Energy-related building standards: Chapter 19.27A RCW.
State building code: Chapter 19.27 RCW.
36.43.010 Authority to adopt. The boards of county
commissioners may adopt standard building codes and standard fire regulations to be applied within their respective
jurisdictions. [1963 c 4 § 36.43.010. Prior: 1943 c 204 § 1;
Rem. Supp. 1943 § 4077-10.]
36.43.010
36.43.020 Area to which applicable. The building
codes or fire regulations when adopted by the board of county
commissioners shall be applicable to all the area of the
county situated outside the corporate limits of any city or
town, or to such portion thereof as may be prescribed in such
building code or fire regulation. [1963 c 4 § 36.43.020. Prior:
1943 c 204 § 2; Rem. Supp. 1943 § 4077-11.]
36.43.020
36.43.030 Enforcement—Inspectors. The boards of
county commissioners may appoint fire inspectors or other
inspectors to enforce any building code or fire regulation
adopted by them. The boards must enforce any building code
or fire regulation adopted by them. [1963 c 4 § 36.43.030.
Prior: 1943 c 204 § 3; Rem. Supp. 1943 § 4077-12.]
36.43.030
36.43.040 Penalty for violation of code or regulation.
Any person violating the provisions of any building code or
any fire regulation lawfully adopted by any board of county
commissioners shall be guilty of a misdemeanor. [1963 c 4 §
36.43.040. Prior: 1943 c 204 § 4; Rem. Supp. 1943 § 407713.]
36.43.040
Chapter 36.45
Chapter 36.45 RCW
CLAIMS AGAINST COUNTIES
Sections
36.45.010
36.45.040
Manner of filing.
Labor and material claims.
Assessor’s expense when meeting with department of revenue as: RCW
84.08.190.
Autopsy costs as: RCW 68.50.104, 68.50.106.
Claims, reports, etc., filing: RCW 1.12.070.
Compromise of unlawful, when: RCW 43.09.260.
Costs against county, civil actions: RCW 4.84.170.
Courtrooms, expense of sheriff in providing as county charge: RCW
2.28.140.
Diking, drainage, or sewerage improvement assessments as: RCW
85.08.500, 85.08.530.
Elections, expense of registration of voters as: RCW 29A.08.150.
Expense of keeping jury as: RCW 4.44.310.
Flood control
by counties jointly, county liability: RCW 86.13.080.
districts (1937 act) assessments as: RCW 86.09.526, 86.09.529.
(2008 Ed.)
Coordination of Administrative Programs
Health officers’ convention expense as: RCW 43.70.140.
36.47.070
Incorporation into city or town of intercounty areas as: RCW 35.02.240.
Liability of county on failure to require contractors bond: RCW 39.08.015.
Lien for labor, material, taxes on public works: Chapter 60.28 RCW.
Metropolitan municipal corporation costs as: Chapter 35.58 RCW.
Municipal court expenses as: RCW 35.20.120.
Port district election costs as: RCW 53.04.070.
Railroad grade crossing costs as: Chapter 81.53 RCW.
Reclamation district commission expenses as: RCW 89.30.070.
Regional jail camps, cost of committing county prisoners to as: RCW
72.64.110.
Superior court, expenses of visiting judge as: RCW 2.08.170.
Tortious conduct of political subdivisions, municipal corporations and quasi
municipal corporations, liability for damages: Chapter 4.96 RCW.
Veterans’ meeting place rental as: RCW 73.04.080.
Vital statistics registrars’ fees as charge against: RCW 70.58.040.
36.45.010 Manner of filing. All claims for damages
against any county shall be filed in the manner set forth in
chapter 4.96 RCW. [1993 c 449 § 10; 1967 c 164 § 14; 1963
c 4 § 36.45.010. Prior: 1957 c 224 § 7; prior: 1919 c 149 §
1, part; RRS § 4077, part.]
36.47.050
Merger of state association of county officials with state association of counties.
36.47.010 Declaration of necessity. The necessity and
the desirability of coordinating the administrative programs
of all of the counties in this state is recognized by this chapter. [1963 c 4 § 36.47.010. Prior: 1959 c 130 § 1.]
36.47.010
36.47.020 Joint action by officers of each county. It
shall be the duty of the assessor, auditor, clerk, coroner, sheriff, superintendent of schools, treasurer, and prosecuting
attorney of each county in the state, including appointive officials in charter counties heading like departments, to take
such action as they jointly deem necessary to effect the coordination of the administrative programs of each county.
[1998 c 245 § 28; 1969 ex.s. c 5 § 1; 1963 c 4 § 36.47.020.
Prior: 1959 c 130 § 2.]
36.47.020
36.45.010
Purpose—Severability—1993 c 449: See notes following RCW
4.96.010.
Severability—Purpose—1967 c 164: See notes following RCW
4.96.010.
Tortious conduct of political subdivisions and municipal corporations, liability for damages: Chapter 4.96 RCW.
36.45.040 Labor and material claims. Whenever any
county, by its board of county commissioners, has entered
into a contract for the construction of any public improvement for the benefit of the county, whereby the contractor
agreed to furnish all labor, material, and supplies necessary
for the improvement, and the contractor has proceeded with
such improvement and procured from other persons labor,
material, or supplies and used the same in the construction of
the improvement, but has failed to pay such persons therefor,
and such persons have filed claims therefor against the
county, and the claims have been audited in the manner provided by law and found to be just claims against the county,
and valid obligations of the county except for the fact that
they were not filed within the time provided by law; the board
of county commissioners may provide funds sufficient therefor, and cause the payment, of such claims in the manner provided by law for the payment of valid claims against the
county. [1963 c 4 § 36.45.040. Prior: 1927 c 220 § 1; RRS §
4077-1.]
36.45.040
Chapter 36.47
Chapter 36.47 RCW
COORDINATION OF
ADMINISTRATIVE PROGRAMS
Sections
36.47.010
36.47.020
36.47.030
36.47.040
36.47.050
36.47.060
(2008 Ed.)
Declaration of necessity.
Joint action by officers of each county.
State association of county officials may be coordinating
agency.
Reimbursement for costs and expenses to state association of
county officials.
County officials—Further action authorized—Meetings.
Association financial records subject to audit by state auditor.
36.47.030 State association of county officials may be
coordinating agency. The county officials enumerated in
RCW 36.47.020 are empowered to designate the Washington
state association of county officials as a coordinating agency
through which the duties imposed by RCW 36.47.020 may be
performed, harmonized, or correlated. [1969 ex.s. c 5 § 2;
1963 c 4 § 36.47.030. Prior: 1959 c 130 § 3.]
36.47.030
36.47.040 Reimbursement for costs and expenses to
state association of county officials. Each county which
designates the Washington state association of county officials as the agency through which the duties imposed by
RCW 36.47.020 may be executed is authorized to reimburse
the association from the county current expense fund for the
cost of any such services rendered: PROVIDED, That no
reimbursement shall be made to the association for any
expenses incurred under RCW 36.47.050 for travel, meals, or
lodging of such county officials, or their representatives at
such meetings, but such expenses may be paid by such official’s respective county as other expenses are paid for county
business. Such reimbursement shall be paid only on vouchers
submitted to the county auditor and approved by the legislative authority of each county in the manner provided for the
disbursement of other current expense funds. Each such
voucher shall set forth the nature of the services rendered by
the association, supported by affidavit that the services were
actually performed. [1991 c 363 § 71; 1977 ex.s. c 221 § 1;
1973 1st ex.s. c 195 § 35; 1970 ex.s. c 47 § 2; 1969 ex.s. c 5
§ 3; 1963 c 4 § 36.47.040. Prior: 1959 c 130 § 4.]
36.47.040
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
36.47.050 County officials—Further action authorized—Meetings. The county officials enumerated in RCW
36.47.020 are authorized to take such further action as they
deem necessary to comply with the intent of this chapter,
including attendance at state and district meetings which may
be required to formulate the reports provided for in *RCW
36.47.020. [1969 ex.s. c 5 § 4; 1963 c 4 § 36.47.050. Prior:
1959 c 130 § 5.]
36.47.050
[Title 36 RCW—page 109]
36.47.060
Title 36 RCW: Counties
*Reviser’s note: RCW 36.47.020 was amended by 1998 c 245 § 28,
removing the requirement to submit reports.
36.47.060 Association financial records subject to
audit by state auditor. The financial records of the Washington state association of county officials shall be subject to
audit by the state auditor. [1995 c 301 § 66; 1969 ex.s. c 5 §
5; 1963 c 4 § 36.47.060. Prior: 1959 c 130 § 6.]
36.47.060
36.47.070 Merger of state association of county officials with state association of counties. It is the desire of
the legislature that the Washington State Association of
County Officials, as set forth in chapter 36.47 RCW and the
Washington State Association of Counties, as set forth in
RCW 36.32.350, shall merge into one association of elected
county officers. Only one association shall carry out the
duties imposed by RCW 36.32.335 through 36.32.360 and
36.47.020 through 36.47.060. [1998 c 245 § 29; 1977 ex.s. c
221 § 2.]
36.47.070
Chapter 36.48
Chapter 36.48 RCW
DEPOSITARIES
Sections
36.48.010
36.48.040
36.48.050
36.48.060
36.48.070
36.48.080
36.48.090
Depositaries to be designated by treasurer.
Depositaries to be designated by treasurer—Deposited funds
deemed in county treasury.
Depositaries to be designated by treasurer—Treasurer’s liability and bond additional.
Definition—"Financial institution."
County finance committee—Approval of investment policy
and debt policy—Rules.
County clerk’s funds may be deposited.
Clerk’s trust fund created—Deposits—Interest—Investments.
36.48.010 Depositaries to be designated by treasurer.
Each county treasurer shall annually at the end of each fiscal
year or at such other times as may be deemed necessary, designate one or more financial institutions in the state which are
qualified public depositaries as set forth by the public deposit
protection commission as depositary or depositaries for all
public funds held and required to be kept by the treasurer, and
no county treasurer shall deposit any public money in financial institutions, except as herein provided. Public funds of
the county or a special district for which the county treasurer
acts as its treasurer may only be deposited in bank accounts
authorized by the treasurer or authorized in statute. All bank
card depository service contracts for the county and special
districts for which the county treasurer acts as its treasurer
must be authorized by the county treasurer. [1998 c 106 § 6;
1984 c 177 § 8; 1973 c 126 § 5; 1969 ex.s. c 193 § 27; 1963 c
4 § 36.48.010. Prior: 1907 c 51 § 1; RRS § 5562.]
36.48.010
Construction—Severability—1969 ex.s. c 193: See notes following
RCW 39.58.010.
Public depositaries: Chapter 39.58 RCW.
36.48.040 Depositaries to be designated by treasurer—Deposited funds deemed in county treasury. The
county treasurer shall deposit with any depositary, which has
fully complied with all requirements of RCW 36.48.010
through 36.48.060, any county money in his hands or under
his official control, and for the purpose of making the quarterly settlement and counting funds in the hands of the trea36.48.040
[Title 36 RCW—page 110]
surer any sums so on deposit shall be deemed to be in the
county treasury. [1963 c 4 § 36.48.040. Prior: 1907 c 51 § 4;
RRS § 5565.]
36.48.050 Depositaries to be designated by treasurer—Treasurer’s liability and bond additional. The
provisions of RCW 36.48.010 through 36.48.060 shall in no
way relieve or release the county treasurer from any liability
upon his official bond as such treasurer, or any surety upon
such bond, and shall in no way affect the duty of the several
county treasurers to give bond as required by law. [1963 c 4
§ 36.48.050. Prior: 1907 c 51 § 5; RRS § 5566.]
36.48.050
36.48.060 Definition—"Financial institution."
"Financial institution," whenever it occurs in RCW
36.48.010 through 36.48.050, means a branch of a bank
engaged in banking in this state in accordance with RCW
30.04.300, and any state bank or trust company, national
banking association, stock savings bank, mutual savings
bank, or savings and loan association, which institution is
located in this state and lawfully engaged in business. [1984
c 177 § 9; 1963 c 4 § 36.48.060. Prior: 1907 c 51 § 6; RRS §
5567.]
36.48.060
36.48.070 County finance committee—Approval of
investment policy and debt policy—Rules. The county
treasurer, the county auditor, and the chair of the county legislative authority, ex officio, shall constitute the county
finance committee. The county treasurer shall act as chair of
the committee and the county auditor as secretary thereof.
The committee shall keep a full and complete record of all its
proceedings in appropriate books of record and all such
records and all correspondence relating to the committee
shall be kept in the office of the county auditor and shall be
open to public inspection. The committee shall approve
county investment policy and a debt policy and shall make
appropriate rules and regulations for the carrying out of the
provisions of RCW 36.48.010 through 36.48.060, not inconsistent with law. [1999 c 18 § 5; 1991 c 245 § 11; 1963 c 4 §
36.48.070. Prior: 1933 ex.s. c 45 § 2; RRS § 5567-1.]
36.48.070
Effective date—1999 c 18 § 5: "Section 5 of this act takes effect January 1, 2000." [1999 c 18 § 10.]
36.48.080 County clerk’s funds may be deposited.
The county clerks of all the counties of the state shall deposit
all funds in their custody, as clerk of the superior court of
their respective counties, in one or more qualified depositaries, as provided in chapter 39.58 RCW, as now or hereafter
amended. [1973 c 126 § 7; 1963 c 4 § 36.48.080. Prior: 1933
ex.s. c 40 § 1; RRS § 5561-1.]
36.48.080
36.48.090 Clerk’s trust fund created—Deposits—
Interest—Investments. Whenever the clerk of the superior
court has funds held in trust for any litigant or for any purpose, they shall be deposited in a separate fund designated
"clerk’s trust fund," and shall not be commingled with any
public funds. However, in the case of child support payments,
the clerk may send the checks or drafts directly to the recipient or endorse the instrument to the recipient and the clerk is
not required to deposit such funds. In processing child sup36.48.090
(2008 Ed.)
Farm and Home Extension Work
port payments, the clerk shall comply with RCW 26.09.120.
The clerk may invest the funds in any of the investments
authorized by RCW 36.29.020. The clerk shall place the
income from such investments in the county current expense
fund to be used by the county for general county purposes
unless: (1) The funds being held in trust in a particular matter
are two thousand dollars or more, and (2) a litigant in the matter has filed a written request that such investment be made of
the funds being held in trust. Interest income accrued from
the date of filing of the written request for investment shall be
paid to the beneficiary. In such an event, any income from
such investment shall be paid to the beneficiary of such trust
upon the termination thereof: PROVIDED, That five percent
of the income shall be deducted by the clerk as an investment
service fee and placed in the county current expense fund to
be used by the county for general county purposes.
In any matter where funds are held in the clerk’s trust
fund, any litigant who is not represented by an attorney and
who has appeared in matters where the funds held are two
thousand dollars or more shall receive written notice of the
provisions of this section from the clerk. [1994 c 185 § 4;
1987 c 363 § 4; 1979 ex.s. c 227 § 1; 1977 c 63 § 1; 1973 c
126 § 8; 1963 c 4 § 36.48.090. Prior: 1933 ex.s. c 40 § 2;
RRS § 5561-2.]
36.50.010
any owner of a dog or kennel which for any reason the assessor has failed to assess, may at any time apply to the county
treasurer, and upon the payment of the required fee procure a
license and a metallic tag or tags. [1963 c 4 § 36.49.030.
Prior: 1929 c 198 § 3, part; RRS § 8304-3, part.]
36.49.040
36.49.040 Delinquent tax, how collected. If any person whose name appears upon the list prepared by the county
assessor fails to pay the license tax to the county treasurer on
or before the first day of August of the year in which the list
is made, the county treasurer shall proceed to collect the
delinquent license taxes in the manner provided by law for
collection of delinquent personal property taxes. [1963 c 4 §
36.49.040. Prior: 1929 c 198 § 3, part; RRS § 8304-3, part.]
36.49.050
36.49.050 "County dog license tax fund"—Created.
All license taxes collected in accordance with the provisions
of this chapter shall be placed in a separate fund in the office
of the county treasurer to be known as the "county dog
license tax fund." [1963 c 4 § 36.49.050. Prior: 1929 c 198
§ 4; RRS § 8304-4; prior: 1919 c 6 § 2, part.]
36.49.060
Chapter 36.49
Chapter 36.49 RCW
DOG LICENSE TAX
Sections
36.49.020
36.49.030
36.49.040
36.49.050
36.49.060
36.49.070
Treasurer to collect—Tags.
Application for license after assessor’s list returned.
Delinquent tax, how collected.
"County dog license tax fund"—Created.
"County dog license tax fund"—Transfer of excess funds in.
Penalty.
Indemnity for dogs doing damage, etc.: RCW 16.08.010 through 16.08.030.
Taxes for city and town purposes: State Constitution Art. 11 § 12.
36.49.020 Treasurer to collect—Tags. The county
assessor shall turn over the list of dog owners to the county
treasurer for collection of the taxes. Upon the payment of the
license tax upon any dog or kennel the county treasurer shall
deliver to the owner or keeper of such dog or kennel a license,
and a metallic tag for each dog taxed and licensed or kept in
such kennel. The license shall be dated and numbered and
shall bear the name of the county issuing it, the name and
address of the owner of the dog or kennel licensed; and if a
dog license, a description of the dog including its breed, age,
color, and markings; and if a kennel license, a description of
the breed, number, and ages of the dogs kept in such kennel.
The metallic tag shall bear the name of the county issuing it,
a serial number corresponding with the number on the
license, and the calendar year in which it is issued. Every
owner or keeper of a dog shall keep a substantial collar on the
dog and attached firmly thereto the license tag for the current
year. [1963 c 4 § 36.49.020. Prior: 1929 c 198 § 2; RRS §
8304-2; prior: 1919 c 6 § 2, part.]
36.49.060 "County dog license tax fund"—Transfer
of excess funds in. On the first day of March of each year all
moneys in the county dog license tax fund in excess of five
hundred dollars shall be transferred and credited by the
county treasurer to the current expense fund of the county.
[1963 c 4 § 36.49.060. Prior: 1929 c 198 § 8; RRS § 8304-5.]
36.49.070
36.49.070 Penalty. Any person or officer who refuses
to comply with or enforce any of the provisions of this chapter shall be guilty of a misdemeanor. [1963 c 4 § 36.49.070.
Prior: 1929 c 198 § 9; RRS § 8304-6.]
36.49.020
36.49.030 Application for license after assessor’s list
returned. Any person becoming the owner of a dog or kennel after the assessment has been returned by the assessor and
36.49.030
(2008 Ed.)
Chapter 36.50
Chapter 36.50 RCW
FARM AND HOME EXTENSION WORK
Sections
36.50.010
Cooperative extension work in agriculture and home economics authorized.
36.50.010
36.50.010 Cooperative extension work in agriculture
and home economics authorized. The board of county
commissioners of any county and the governing body of any
municipality are authorized to establish and conduct extension work in agriculture and home economics in cooperation
with Washington State University, upon such terms and conditions as may be agreed upon by any such board or governing body and the director of the extension service of Washington State University; and may employ such means and
appropriate and expend such sums of money as may be necessary to effectively establish and carry on such work in agriculture and home economics in their respective counties and
municipalities. [1963 c 4 § 36.50.010. Prior: 1949 c 181 § 1;
Rem. Supp. 1949 § 4589-1.]
[Title 36 RCW—page 111]
Chapter 36.53
Chapter 36.53
Title 36 RCW: Counties
Chapter 36.53 RCW
FERRIES—PRIVATELY OWNED
Sections
36.53.010
36.53.020
36.53.030
36.53.040
36.53.050
36.53.060
36.53.070
36.53.080
36.53.090
36.53.100
36.53.110
36.53.120
36.53.130
36.53.140
36.53.150
Grant of license—Term.
Licensing tax.
To whom license granted—Notice of intention if nonowner.
Notice of application to be posted.
Bond of licensee.
Duties of licensee.
Duties of licensee—Duties as to ferriage—Liability for nonperformance.
Rates of ferriage.
Commissioners may fix and alter rates.
Rates to be posted.
Order of ferriage—Liability for nonperformance.
Grant exclusive.
Revocation of license.
Penalty for maintaining unlicensed ferry.
Interstate ferry—County may contribute to—Grant of permit
to operator.
36.53.010 Grant of license—Term. The board of
county commissioners may grant a license to keep a ferry
across any lake or stream within its county, upon being satisfied that a ferry is necessary at the point applied for, which
license shall continue in force for a term to be fixed by the
commissioners not exceeding five years. [1963 c 4 §
36.53.010. Prior: Code 1881 § 3002; 1879 p 61 § 38; 1869 p
280 § 40; 1863 p 521 § 1; 1854 p 354 § 1; RRS § 5462.]
36.53.010
36.53.020 Licensing tax. The county legislative
authority may charge such sum as may be fixed under the
authority of RCW 36.32.120(3) for such license, and the person to whom the license is granted shall pay to the appropriate county official the tax for one year in advance. [1985 c 91
§ 2; 1963 c 4 § 36.53.020. Prior: Code 1881 § 3003; 1879 p
61 § 39; 1869 p 280 § 41; 1863 p 522 § 2; 1854 p 354 § 2;
RRS § 5463.]
36.53.020
36.53.030 To whom license granted—Notice of intention if nonowner. No license shall be granted to any person
other than the owner of the land embracing or adjoining the
lake or stream where the ferry is proposed to be kept, unless
the owner neglects to apply therefor. Whenever application
for a license is made by any person other than the owner, the
board of county commissioners shall not grant it, unless proof
is made that the applicant caused notice, in writing, of his
intention to make such application to be given to such owner,
if residing in the county, at least ten days before the session
of the board of county commissioners at which application is
made. [1963 c 4 § 36.53.030. Prior: Code 1881 § 3004; 1879
p 61 § 40; 1869 p 280 § 42; 1863 p 522 § 3; 1854 p 354 § 3;
RRS § 5464.]
36.53.030
36.53.040 Notice of application to be posted. Every
person intending to apply for a license to keep a ferry at any
place shall give notice of his intention by posting up at least
three notices in public places in the neighborhood where the
ferry is proposed to be kept, twenty days prior to any regular
session of the board of county commissioners at which the
application is to be made. [1963 c 4 § 36.53.040. Prior: Code
1881 § 3005; 1879 p 61 § 41; 1869 p 281 § 43; 1863 p 522 §
4; 1854 p 354 § 4; RRS § 5465.]
36.53.040
[Title 36 RCW—page 112]
36.53.050 Bond of licensee. Every person applying for
a license to keep a ferry shall, before the same is issued, enter
into a bond with one or more sureties, to be approved by the
county auditor, in a sum not less than one hundred nor more
than five hundred dollars, conditioned that such person will
keep the ferry according to law and that if default at any time
is made in the condition of the bond, damages, not exceeding
the penalty, may be recovered by any person aggrieved,
before any court having jurisdiction. [1963 c 4 § 36.53.050.
Prior: Code 1881 § 3006; 1879 p 62 § 42; 1869 p 281 § 44;
1863 p 522 § 5; 1854 p 354 § 5; RRS § 5466.]
36.53.050
36.53.060 Duties of licensee. Every person obtaining a
license to keep a ferry shall provide and keep in good and
complete repair the necessary boat or boats for the safe conveyance of all persons and property, and furnish such boats at
all times with suitable oars, setting poles, and other implements necessary for the service thereof, and shall keep a sufficient number of discreet and skillful men to attend and manage the same; and he shall also at all times keep the place of
embarking and landing in good order and repair, by cutting
away the bank of the stream so that persons and property may
be embarked and landed without danger or unnecessary
delay. [1963 c 4 § 36.53.060. Prior: Code 1881 § 3007; 1879
p 62 § 43; 1869 p 281 § 45; 1863 p 522 § 6; 1854 p 354 § 6;
RRS § 5467.]
36.53.060
36.53.070 Duties of licensee—Duties as to ferriage—
Liability for nonperformance. Every person obtaining a
ferry license shall give constant and diligent attention to such
ferry from daylight in the morning until dark in the evening
of each day, and shall, moreover, at any hour in the night, if
required, except in cases of imminent danger, give passage to
all persons requiring the same on the payment of double rate
of ferriage allowed to be taken in the daytime.
If the licensee at any time neglects or refuses to give passage to any person or property, the licensee shall forfeit and
pay to the party aggrieved for every such offense the sum of
five dollars, to be recovered before any district judge having
jurisdiction; the licensee shall, moreover, be liable in an
action at law for any special damage which such person may
have sustained in consequence of such neglect or refusal.
No forfeiture or damages shall be recovered for a failure
or refusal to convey any person or property across the stream
when it is manifestly hazardous to do so, by reason of any
storm, flood, or ice; nor shall any keeper of a ferry be compelled to give passage to any person or property until the fare
or toll chargeable by law has been fully paid or tendered.
[1987 c 202 § 207; 1963 c 4 § 36.53.070. Prior: Code 1881 §
3008; 1879 p 62 § 44; 1869 p 281 § 46; 1863 p 523 § 7; 1854
p 355 § 7; RRS § 5468.]
36.53.070
Intent—1987 c 202: See note following RCW 2.04.190.
36.53.080 Rates of ferriage. Whenever the board of
county commissioners grants a license to keep a ferry across
any lake or stream, it shall establish the rates of ferriage
which may be lawfully demanded for the transportation of
persons and property across the same, having due regard for
the breadth and situation of the stream, and the dangers and
difficulties incident thereto, and the publicity of the place at
36.53.080
(2008 Ed.)
Ferries—County Owned
which the same is established, and every keeper of a ferry
who at any time demands and receives more than the amount
so designated for ferrying shall forfeit and pay to the party
aggrieved, for every such offense, the sum of five dollars,
over and above the amount which has been illegally received,
to be recovered before any district judge having jurisdiction.
[1987 c 202 § 208; 1963 c 4 § 36.53.080. Prior: Code 1881 §
3009; 1879 p 63 § 45; 1869 p 282 § 47; 1863 p 523 § 8; 1854
p 355 § 8; RRS § 5469.]
Intent—1987 c 202: See note following RCW 2.04.190.
36.53.090 Commissioners may fix and alter rates.
The boards of county commissioners may fix, alter, and
establish from time to time, the rates of ferriage to be levied
and collected at all ferries established by law, within or bordering upon the county lines of any of the counties in this
state. [1963 c 4 § 36.53.090. Prior: Code 1881 § 3010; 1879
p 63 § 46; 1869 p 282 § 48; RRS § 5470.]
36.53.090
36.53.100 Rates to be posted. Every person licensed to
keep a ferry shall post up, in some conspicuous place near his
ferry landing a list of the rates of ferriage which are chargeable by law at such ferry, which list of rates shall at all times
be plain and legible and posted up so near the place where
persons pass across the ferry that it may be easily read. If the
keeper neglects or refuses to post and keep up such list, it
shall not be lawful to charge or take any ferriage or compensation at the ferry, during the time of such delinquency.
[1963 c 4 § 36.53.100. Prior: Code 1881 § 3011; 1879 p 63 §
47; 1869 p 283 § 49; 1863 p 523 § 9; 1854 p 355 § 9; RRS §
5471.]
36.53.100
36.53.110 Order of ferriage—Liability for nonperformance. All persons shall be received into the ferry boats
and conveyed across the stream over which a ferry is established according to their arrival thereat, and if the keeper of a
ferry acts contrary to this regulation, the keeper shall forfeit
and pay to the party aggrieved the sum of ten dollars for every
such offense, to be recovered before any district judge having
jurisdiction: PROVIDED, That public officers on urgent
business, post riders, couriers, physicians, surgeons, and midwives shall in all cases be first carried over, when all cannot
go at the same time. [1987 c 202 § 209; 1963 c 4 § 36.53.110.
Prior: Code 1881 § 3012; 1879 p 63 § 48; 1869 p 283 § 50;
1863 p 524 § 10; 1854 p 356 § 10; RRS § 5472.]
36.53.110
Intent—1987 c 202: See note following RCW 2.04.190.
36.53.120
36.53.120 Grant exclusive. Every person licensed to
keep a ferry under the provisions of RCW 36.53.010 through
36.53.140 shall have the exclusive privilege of transporting
all persons and property over and across the stream where the
ferry is established, and shall be entitled to all the fare arising
by law therefrom: PROVIDED, That any person may cross
such stream at the ferry location in his own boat, or take in
and carry over his neighbor, when done without fee or
charge, and not with intent to injure the person licensed to
keep a ferry. [1963 c 4 § 36.53.120. Prior: Code 1881 §
3013; 1879 p 63 § 49; 1869 p 283 § 51; 1863 p 524 § 11; 1854
p 356 § 11; RRS § 5473.]
(2008 Ed.)
Chapter 36.54
36.53.130 Revocation of license. If any person licensed
to keep a ferry fails to pay the taxes assessed thereon when
due, or to provide and keep in good and complete repair the
necessary boat or boats, with the oars, setting poles, and other
necessary implements for the service thereof, or to employ a
sufficient number of skilled and discreet ferrymen within
three months from the time license is granted, or if the ferry
is not at any time kept in good condition and repair, or if it is
abandoned, disused, or unfrequented for the space of six
months at any one time, the board of county commissioners,
on complaint being made in writing, may summon the person
licensed to keep such ferry, to show cause why his license
should not be revoked. The board may revoke or not according to the testimony adduced and the laws of this state, the
decision subject to review by the superior court: PROVIDED, That if disuse resulted because the stream is fordable
at certain seasons of the year, or because travel by that route
is subject to periodical fluctuations, it shall not work a forfeiture within the meaning of this section. [1963 c 4 §
36.53.130. Prior: Code 1881 § 3014; 1879 p 64 § 50; 1869 p
283 § 52; 1863 p 524 § 12; 1854 p 356 § 12; RRS § 5474.]
36.53.130
36.53.140 Penalty for maintaining unlicensed ferry.
Any person who maintains any ferry and receives ferriage
without first obtaining a license therefor shall pay a fine of
ten dollars for each offense, to be collected for the use of the
county, by suit before any district judge having jurisdiction,
and any person may bring such suit: PROVIDED, That it
shall not be unlawful for any person to transport any other
person or property over any stream for hire, when there is no
ferry, or the ferry established at such place was not in actual
operation at the time, or in sufficient repair to have afforded
to such person or property a safe and speedy passage. [1987
c 202 § 210; 1963 c 4 § 36.53.140. Prior: Code 1881 § 3015;
1879 p 64 § 51; 1869 p 284 § 53; 1863 p 525 § 13; 1854 p 356
§ 13; RRS § 5475.]
36.53.140
Intent—1987 c 202: See note following RCW 2.04.190.
36.53.150 Interstate ferry—County may contribute
to—Grant of permit to operator. Whenever the board of
county commissioners of any county determines that the construction or maintenance of a ferry in a state adjoining such
county or connecting such county with the adjoining state is
of necessity or convenience to the citizens of the county, the
board may enter into a contract for the construction or maintenance of such ferry, or make such contribution as may be
deemed advisable toward the construction or maintenance
thereof, and may lease, or grant exclusive permits to use, any
wharf or landing owned or leased by the board to any person,
firm or corporation furnishing, or agreeing to furnish, ferry
service between such county and the adjoining state. [1963 c
4 § 36.53.150. Prior: 1921 c 165 § 1; 1915 c 26 § 1; RRS §
5478.]
36.53.150
Chapter 36.54
Chapter 36.54 RCW
FERRIES—COUNTY OWNED
Sections
36.54.010
36.54.015
County may acquire, construct, maintain, and operate ferry.
Ferries—Fourteen year long range improvement plan—Contents.
[Title 36 RCW—page 113]
36.54.010
36.54.020
36.54.030
36.54.040
36.54.050
36.54.060
36.54.070
36.54.110
36.54.120
36.54.130
36.54.135
36.54.140
36.54.150
36.54.160
36.54.170
36.54.180
36.54.190
Title 36 RCW: Counties
Joint ferries—Generally.
Joint ferries over water boundary between two counties.
Joint ferries over water boundary between two counties—Joint
board of commissioners to administer—Records kept.
Joint ferries over water boundary between two counties—
Commission authority—Expenses shared.
Joint ferries over water boundary between two counties—
Audit and allowance of claims.
Joint ferries over water boundary between two counties—
County commissioner duties enumerated—Omission as
ground for impeachment.
County ferry districts—Authorized—Powers—Governing
body—Passenger-only ferry service between Vashon and
Seattle.
County ferry districts—District may construct, purchase, operate, and maintain passenger-only ferries and wharves.
County ferry districts—Tax levy authorized—Uses.
County ferry districts—General indebtedness, bond issuance.
County ferry districts—Excess levies.
County ferry districts—Budget of fund requirements.
County ferry districts—General property tax levies.
County ferry districts—Treasurer—Ferry district fund.
County ferry districts—Not subject to Washington utilities and
transportation commission.
County ferry districts—Dissolution.
36.54.010 County may acquire, construct, maintain,
and operate ferry. Any county may construct, condemn, or
purchase, operate and maintain ferries or wharves at any
unfordable stream, lake, estuary or bay within or bordering
on said county, or between portions of the county, or between
such county and other counties, together with all the necessary boats, grounds, roads, approaches, and landings appertaining thereto under the direction and control of the board of
county commissioners free or for toll and as the board shall
by resolution determine. [1963 c 4 § 36.54.010. Prior: 1919
c 115 § 1; 1899 c 29 § 1; 1895 c 130 § 2; RRS § 5477.]
36.54.010
36.54.015 Ferries—Fourteen year long range
improvement plan—Contents. The legislative authority of
every county operating ferries shall prepare, with the advice
and assistance of the county engineer, a fourteen year long
range capital improvement plan embracing all major elements of the ferry system. Such plan shall include a listing of
each major element of the system showing its estimated current value, its estimated replacement cost, and its amortization period. [1975 1st ex.s. c 21 § 2.]
36.54.015
36.54.020 Joint ferries—Generally. The board of
county commissioners of any county may, severally or jointly
with any other county, city or town, or the state of Washington, or any other state or any county, city or town of any other
state, construct or acquire by purchase, gift, or condemnation,
and operate any ferry necessary for continuation or connection of any county road across any navigable water. The procedure with respect to the exercise of the power herein
granted shall be the same as provided for the joint erection or
acquisition of bridges, trestles, or other structures. Any such
ferries may be operated as free ferries or as toll ferries under
the provisions of law of this state relating thereto. [1963 c 4
§ 36.54.020. Prior: 1937 c 187 § 31; RRS § 6450-31.]
36.54.020
36.54.030 Joint ferries over water boundary between
two counties. Whenever a river, lake, or other body of water
is on the boundary line between two counties, the boards of
county commissioners of the counties adjoining such stream
or body of water may construct, purchase, equip, maintain,
36.54.030
[Title 36 RCW—page 114]
and operate a ferry across such river, lake, or other body of
water, when such ferry connects the county roads or other
public highways of their respective counties. All costs and
expenses of constructing, purchasing, maintaining, and operating such ferry shall be paid by the two counties, each paying such proportion thereof as shall be agreed upon by the
boards of county commissioners. [1963 c 4 § 36.54.030.
Prior: 1917 c 158 § 1; RRS § 5479.]
36.54.040
36.54.040 Joint ferries over water boundary between
two counties—Joint board of commissioners to administer—Records kept. The boards of county commissioners of
the two counties, participating in a joint ferry, shall meet in
joint session at the county seat of one of the counties interested, and shall elect one of their members as chairman of the
joint board of commissioners, who shall act as such chairman
during the remainder of his term of office, and, at the expiration of his term of office, the two boards of county commissioners shall meet and elect a new chairman, who shall act as
such chairman during his term of office as county commissioner, and they shall continue to elect a chairman in like
manner thereafter. The county auditors of the counties shall
be clerks of such joint commission, and the county auditor of
the county where each meeting is held shall act as clerk of the
commission at all meetings held in his county. Each county
auditor, as soon as the joint commission is organized, shall
procure a record book and enter therein a complete record of
the proceedings of the commission, and immediately after
each adjournment the county auditor of the county in which
the meeting is held shall forward a complete copy of the minutes of the proceedings of the commission to the auditor of
the other county to be entered by him in his record. Each
county shall keep a complete record of the proceedings of the
commission. [1963 c 4 § 36.54.040. Prior: 1917 c 158 § 2;
RRS § 5480.]
36.54.050
36.54.050 Joint ferries over water boundary between
two counties—Commission authority—Expenses shared.
The joint commission is authorized to transact all business
necessary in carrying out the purposes of RCW 36.54.030
through 36.54.070 and its acts shall be binding upon the two
counties, and one-half of all bills and obligations created by
the commission shall be binding and a legal charge against
the road fund of each county and the claims therefor shall be
allowed and paid out of the county road fund the same as
other claims against said fund are allowed and paid, unless
otherwise provided in an agreement between the two counties. [2006 c 332 § 10; 1963 c 4 § 36.54.050. Prior: 1917 c
158 § 3; RRS § 5481.]
36.54.060
36.54.060 Joint ferries over water boundary between
two counties—Audit and allowance of claims. All claims
and accounts for the construction, operation and maintenance
of a joint county ferry shall be presented to and audited by the
joint commission: PROVIDED, That items of expense connected with the operation of such ferry which do not exceed
the sum of thirty dollars may be presented to the chairman of
the joint commission and allowed by him and when allowed
shall be a joint charge against the road fund of each of the
(2008 Ed.)
Ferries—County Owned
counties operating such ferry. [1963 c 4 § 36.54.060. Prior:
1917 c 158 § 4; RRS § 5482.]
36.54.070 Joint ferries over water boundary between
two counties—County commissioner duties enumerated—Omission as ground for impeachment. The members of the board of county commissioners of each county
shall be members of the joint commission and their refusal to
act shall be ground for impeachment. They shall provide for
the maintenance and operation of the ferry until it is discontinued by a majority vote of the joint commission. [1963 c 4
§ 36.54.070. Prior: 1917 c 158 § 5; RRS § 5483.]
36.54.070
36.54.135
tracted out to a private entity, all existing labor agreements
will be honored, and operations will begin no later than July
1, 2008. If the route is to be expanded to include serving
Southworth, the ferry district shall enter into an interlocal
agreement with the public transportation benefit area serving
the Southworth ferry terminal within thirty days of beginning
Southworth ferry service. For the purposes of this subsection, Puget Sound is considered as extending north to Admiralty Inlet. [2007 c 223 § 5; 2006 c 332 § 7; 2003 c 83 § 301.]
Effective date—2007 c 223: See note following RCW 36.57A.220.
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
36.54.120 County ferry districts—District may construct, purchase, operate, and maintain passenger-only
ferries and wharves. A ferry district may construct, purchase, operate, and maintain passenger-only ferries or
wharves at any unfordable stream, lake, estuary, or bay
within or bordering the ferry district, or between portions of
the ferry district, or between the ferry district and other ferry
districts, together with all the necessary boats, grounds,
roads, approaches, and landings appertaining thereto under
the direction and control of the governing body of the ferry
district, free or for toll as the governing body determines by
resolution. [2003 c 83 § 302.]
36.54.120
36.54.110 County ferry districts—Authorized—
Powers—Governing body—Passenger-only ferry service
between Vashon and Seattle. (1) The legislative authority
of a county may adopt an ordinance creating a ferry district in
all or a portion of the area of the county, including the area
within the corporate limits of any city or town within the
county. The ordinance may be adopted only after a public
hearing has been held on the creation of a ferry district, and
the county legislative authority makes a finding that it is in
the public interest to create the district.
(2) A ferry district is a municipal corporation, an independent taxing "authority" within the meaning of Article VII,
section 1 of the state Constitution, and a "taxing district"
within the meaning of Article VII, section 2 of the state Constitution.
(3) A ferry district is a body corporate and possesses all
the usual powers of a corporation for public purposes as well
as all other powers that may now or hereafter be specifically
conferred by statute, including, but not limited to, the authority to hire employees, staff, and services, to enter into contracts, and to sue and be sued.
(4) The members of the county legislative authority, acting ex officio and independently, shall compose the governing body of any ferry district that is created within the county.
The voters of a ferry district must be registered voters residing within the boundaries of the district.
(5) A county with a population greater than one million
persons and having a boundary on Puget Sound, or a county
to the west of Puget Sound with a population greater than two
hundred thirty thousand but less than three hundred thousand
persons, proposing to create a ferry district to assume a passenger-only ferry route between Vashon and Seattle, including an expansion of that route to include Southworth, shall
first receive approval from the governor after submitting a
complete business plan to the governor and the legislature by
November 1, 2007. The business plan must, at a minimum,
include hours of operation, vessel needs, labor needs, proposed routes, passenger terminal facilities, passenger rates,
anticipated federal and local funding, coordination with
Washington state ferry system, coordination with existing
transit providers, long-term operation and maintenance
needs, and long-term financial plan. The business plan may
include provisions regarding coordination with an appropriate county to participate in a joint ferry under RCW
36.54.030 through 36.54.070. In order to be considered for
assuming the route, the ferry district shall ensure that the
route will be operated only by the ferry district and not con36.54.110
(2008 Ed.)
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
36.54.130 County ferry districts—Tax levy authorized—Uses. (1) To carry out the purposes for which ferry
districts are created, the governing body of a ferry district
may levy each year an ad valorem tax on all taxable property
located in the district not to exceed seventy-five cents per
thousand dollars of assessed value. The levy must be sufficient for the provision of ferry services as shown to be
required by the budget prepared by the governing body of the
ferry district.
(2) A tax imposed under this section may be used only
for:
(a) Providing ferry services, including the purchase,
lease, or rental of ferry vessels and dock facilities;
(b) The operation, maintenance, and improvement of
ferry vessels and dock facilities;
(c) Providing shuttle services between the ferry terminal
and passenger parking facilities, and other landside improvements directly related to the provision of passenger-only
ferry service; and
(d) Related personnel costs. [2007 c 223 § 6; 2006 c 332
§ 9; 2003 c 83 § 303.]
36.54.130
Effective date—2007 c 223: See note following RCW 36.57A.220.
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
36.54.135 County ferry districts—General indebtedness, bond issuance. (1) A county ferry district may incur
general indebtedness, and issue general obligation bonds, to
finance the construction, purchase, and preservation of passenger-only ferries and associated terminals and retire the
indebtedness in whole or in part from the revenues received
from the tax levy authorized in RCW 36.54.130.
36.54.135
[Title 36 RCW—page 115]
36.54.140
Title 36 RCW: Counties
(2) The ordinance adopted by the county legislative
authority creating the county ferry district and authorizing the
use of revenues received from the tax levy authorized in
RCW 36.54.130 must indicate an intent to incur this indebtedness and the maximum amount of this indebtedness that is
contemplated. [2007 c 223 § 7.]
Effective date—2007 c 223: See note following RCW 36.57A.220.
36.54.140 County ferry districts—Excess levies. A
ferry district may impose excess levies upon the property
included within the district for a one-year period to be used
for operating or capital purposes whenever authorized by the
electors of the district under RCW 84.52.052 and Article VII,
section 2(a) of the state Constitution. [2003 c 83 § 304.]
36.54.140
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
ferry district is exempt from the provisions of Title 81 RCW
and is not subject to the control of the Washington utilities
and transportation commission. It is not necessary for a ferry
district to apply for a certificate of public convenience and
necessity. [2003 c 83 § 308.]
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
36.54.190 County ferry districts—Dissolution. A
ferry district formed under this chapter may be dissolved in
the manner provided in chapter 53.48 RCW, relating to port
districts. [2003 c 83 § 309.]
36.54.190
Findings—Intent—Captions, part headings not law—
Severability—Effective date—2003 c 83: See notes following RCW
36.57A.200.
Chapter 36.55 RCW
FRANCHISES ON ROADS AND BRIDGES
Chapter 36.55
36.54.150 County ferry districts—Budget of fund
requirements. The governing body of the ferry district shall
annually prepare a budget of the requirements of each district
fund. [2003 c 83 § 305.]
36.54.150
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
36.54.160 County ferry districts—General property
tax levies. At the time of making general tax levies in each
year, the county legislative authority of the county in which a
ferry district is located shall make the required levies for district purposes against the real and personal property in the
district. The tax levies must be a part of the general tax roll
and be collected as a part of the general taxes against the
property in the district. [2003 c 83 § 306.]
36.54.160
Sections
36.55.010
36.55.020
36.55.030
36.55.040
36.55.050
36.55.060
36.55.070
36.55.080
Pipe line and wire line franchises on county roads.
Cattleguards, tramroad, and railway rights.
Franchises on county bridges.
Application—Notice of hearing.
Hearing—Order.
Limitations upon grants.
Existing franchises validated.
Record of franchises.
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
36.54.170 County ferry districts—Treasurer—Ferry
district fund. (1) The treasurer of the county in which a ferry
district is located shall be treasurer of the district. The county
treasurer shall receive and disburse ferry district revenues,
collect taxes authorized and levied under this chapter, and
credit district revenues to the proper fund.
(2) The county treasurer shall establish a ferry district
fund, into which must be paid all district revenues, and the
county treasurer shall also maintain such special funds as
may be created by the governing body of a ferry district, into
which the county treasurer shall place all money as the governing body of the district may, by resolution, direct.
(3) The county treasurer shall pay out money received
for the account of the ferry district on warrants issued by the
county auditor against the proper funds of the district.
(4) All district funds must be deposited with the county
depositaries under the same restrictions, contracts, and security as provided for county depositaries.
(5) All interest collected on ferry district funds belongs
to the district and must be deposited to its credit in the proper
district funds. [2003 c 83 § 307.]
36.55.010 Pipe line and wire line franchises on
county roads. Any board of county commissioners may
grant franchises to persons or private or municipal corporations to use the right-of-way of county roads in their respective counties for the construction and maintenance of waterworks, gas pipes, telephone, telegraph, and electric light
lines, sewers and any other such facilities. [1963 c 4 §
36.55.010. Prior: 1961 c 55 § 2; prior: 1937 c 187 § 38, part;
RRS § 6450-38, part.]
36.55.020 Cattleguards, tramroad, and railway
rights. Any board of county commissioners may grant to any
person the right to build and maintain tramroads and railway
roads upon county roads under such regulations and conditions as the board may prescribe, and may grant to any person
the right to build and maintain cattleguards across the entire
right-of-way on any county road, under such regulations and
conditions as the board may prescribe: PROVIDED, That
such tramroad or railway road shall not occupy more than
eight feet of the county road upon which the same is built and
shall not be built upon the roadway of such county road nor
in such a way as to interfere with the public travel thereon.
[1963 c 4 § 36.55.020. Prior: 1941 c 138 § 1; 1937 c 187 §
39; Rem. Supp. 1941 § 6450-39.]
36.54.170
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
36.54.180 County ferry districts—Not subject to
Washington utilities and transportation commission. A
36.54.180
[Title 36 RCW—page 116]
36.55.010
36.55.020
36.55.030 Franchises on county bridges. Any board
of county commissioners may grant franchises upon bridges,
trestles, or other structures constructed and maintained by it,
severally or jointly with any other county or city or town of
this state, or jointly with any other state or any county, city or
town of any other state, in the same manner and under the
same provisions as govern the granting of franchises on
36.55.030
(2008 Ed.)
Metropolitan Municipal Corporation Functions, Etc.—Assumption by Counties
county roads. [1963 c 4 § 36.55.030. Prior: 1937 c 187 § 40;
RRS § 6450-40.]
36.55.040 Application—Notice of hearing. On application being made to the county legislative authority for franchise, it shall fix a time and place for hearing the same, and
shall cause the county auditor to give public notice thereof at
the expense of the applicant, by posting notices in three public places in the county seat of the county at least fifteen days
before the day fixed for the hearing. The county legislative
authority shall also publish a like notice two times in the official newspaper of the county, the last publication to be not
less than five days before the day fixed for the hearing. The
notice shall state the name or names of the applicant or applicants, a description of the county roads by reference to section, township and range in which the county roads or portions thereof are physically located, to be included in the
franchise for which the application is made, and the time and
place fixed for the hearing. [1985 c 469 § 49; 1963 c 4 §
36.55.040. Prior: 1961 c 55 § 3; prior: 1937 c 187 § 38, part;
RRS § 6450-38, part.]
36.55.040
36.55.050 Hearing—Order. The hearing may be
adjourned from time to time by the order of the board of
county commissioners. If, after the hearing, the board deems
it to be for the public interest to grant the franchise in whole
or in part, it may make and enter a resolution to that effect and
may require the applicant to place his utility and its appurtenances in such location on or along the county road as the
board finds will cause the least interference with other uses of
the road. [1963 c 4 § 36.55.050. Prior: 1961 c 55 § 4; prior:
1937 c 187 § 38, part; RRS § 6450-38, part.]
36.55.050
struct, maintain, or operate any railway or poles, pole lines,
wires, or any other thing for the furnishing, transmission,
delivery, enjoyment, or use of electric energy, electric power,
electric light, and telephone connection therewith, or any
other matter relating thereto; or to lay or maintain pipes for
the distribution of water, or gas, or to or for any other such
facilities in, upon, along, through or over any county roads,
are confirmed and declared to be valid to the extent that such
rights, privileges, or franchises specifically refer or apply to
any county road or county roads, or to the extent that any
such county road has prior to April 1, 1937, been actually
occupied by the bona fide construction and operation of such
utility, and such rights, privileges, and franchises hereby confirmed shall have the same force and effect as if the board of
county commissioners prior to the time of granting said
rights, privileges, and franchises, had been specifically
authorized to grant them. [1963 c 4 § 36.55.070. Prior: 1937
c 187 § 41; RRS § 6450-41.]
36.55.080 Record of franchises. The board of county
commissioners shall cause to be recorded with the county
auditor a complete record of all existing franchises upon the
county roads of its county and the auditor shall keep and
maintain a currently correct record of all franchises existing
or granted with the information describing the holder of the
franchise, the purpose thereof, the portion of county road
over or along which granted, the date of granting, term for
which granted, and date of expiration, and any other information with reference to any special provisions of such franchises. [1963 c 4 § 36.55.080. Prior: 1937 c 187 § 42; RRS
§ 6450-42.]
36.55.080
Chapter 36.56
36.55.060 Limitations upon grants. (1) Any person
constructing or operating any utility on or along a county
road shall be liable to the county for all necessary expense
incurred in restoring the county road to a suitable condition
for travel.
(2) No franchise shall be granted for a period of longer
than fifty years.
(3) No exclusive franchise or privilege shall be granted.
(4) The facilities of the holder of any such franchise shall
be removed at the expense of the holder thereof, to some
other location on such county road in the event it is to be constructed, altered, or improved or becomes a primary state
highway and such removal is reasonably necessary for the
construction, alteration, or improvement thereof.
(5) Counties shall, in the predesign phase of construction
projects involving relocation of sewer and/or water facilities,
consult with public utilities operating water/sewer systems in
order to coordinate design. [2007 c 31 § 6; 1963 c 4 §
36.55.060. Prior: 1961 c 55 § 5; prior: 1937 c 187 § 38, part;
RRS § 6450-38, part.]
36.55.060
36.55.070 Existing franchises validated. All rights,
privileges, or franchises granted or attempted to be granted
by the board of county commissioners of any county prior to
April 1, 1937, when such board of county commissioners was
in regular or special session and when the action of such
board is shown by its records, to any person to erect, con36.55.070
(2008 Ed.)
Chapter 36.56
Chapter 36.56 RCW
METROPOLITAN MUNICIPAL CORPORATION
FUNCTIONS, ETC.—ASSUMPTION BY COUNTIES
Sections
36.56.010
36.56.020
36.56.030
36.56.040
36.56.050
36.56.060
36.56.070
36.56.080
36.56.090
36.56.100
36.56.110
36.56.121
36.56.900
36.56.910
Assumption of rights, powers, functions, and obligations
authorized.
Ordinance or resolution of intention to assume rights, powers,
functions, and obligations—Adoption—Publication—Hearing.
Hearing.
Declaration of intention to assume—Submission of ordinance
or resolution to voters required—Extent of rights, powers,
functions, and obligations assumed and vested in county—
Abolition of metropolitan council—Transfer of rights, powers, functions, and obligations to county.
Employees and personnel.
Apportionment of budgeted funds—Transfer and adjustment
of funds, accounts and records.
Existing rights, actions, proceedings, etc. not impaired or
altered.
Collective bargaining units or agreements.
Rules and regulations, pending business, contracts, obligations, validity of official acts.
Real and personal property—Reports, books, records, etc.—
Funds, credits, assets—Appropriations or federal grants.
Debts and obligations.
Maintenance plan.
Severability—Construction—1977 ex.s. c 277.
Effective date—1977 ex.s. c 277.
Acquisition of interests in land for conservation, protection, preservation, or
open space purposes by county or metropolitan municipal corporation: RCW 64.04.130.
[Title 36 RCW—page 117]
36.56.010
Title 36 RCW: Counties
36.56.010 Assumption of rights, powers, functions,
and obligations authorized. Any county with a population
of two hundred ten thousand or more in which a metropolitan
municipal corporation has been established pursuant to chapter 35.58 RCW with boundaries coterminous with the boundaries of the county may by ordinance or resolution, as the
case may be, of the county legislative authority assume the
rights, powers, functions, and obligations of such metropolitan municipal corporation in accordance with the provisions
of *this 1977 amendatory act. The definitions contained in
RCW 35.58.020 shall be applicable to this chapter. [1991 c
363 § 72; 1977 ex.s. c 277 § 1.]
36.56.010
*Reviser’s note: "this 1977 amendatory act" or "this act" [1977 ex.s. c
277] consists of chapter 36.56 RCW and the amendment to RCW 35.58.020
by 1977 ex.s. c 277.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.56.020 Ordinance or resolution of intention to
assume rights, powers, functions, and obligations—Adoption—Publication—Hearing. The assumption of the rights,
powers, functions, and obligations of a metropolitan municipal corporation may be initiated by the adoption of an ordinance or a resolution, as the case may be, by the county legislative authority indicating its intention to conduct a hearing
concerning assumption of such rights, powers, functions, and
obligations. In the event the county legislative authority
adopts such an ordinance or a resolution of intention, such
ordinance or resolution shall set a time and place at which it
will consider the proposed assumption of the rights, powers,
functions, and obligations of the metropolitan municipal corporation, and shall state that all persons interested may
appear and be heard. Such ordinance or resolution of intention shall be published for at least four times during the four
weeks next preceding the scheduled hearing in newspapers of
daily general circulation printed or published in said county.
[1977 ex.s. c 277 § 2.]
36.56.020
36.56.030 Hearing. At the time scheduled for the hearing in the ordinance or resolution of intention, the county legislative authority shall consider the assumption of the rights,
powers, functions, and obligations of the metropolitan
municipal corporation, and hear those appearing and all protests and objections to it. The county legislative authority
may continue the hearing from time to time, not exceeding
sixty days in all. [1977 ex.s. c 277 § 3.]
36.56.030
36.56.040 Declaration of intention to assume—Submission of ordinance or resolution to voters required—
Extent of rights, powers, functions, and obligations
assumed and vested in county—Abolition of metropolitan
council—Transfer of rights, powers, functions, and obligations to county. If, from the testimony given before the
county legislative authority, it appears that the public interest
or welfare would be satisfied by the county assuming the
rights, powers, functions, and obligations of the metropolitan
municipal corporation, the county legislative authority may
declare that to be its intent and assume such rights, powers,
functions, and obligations by ordinance or resolution, as the
case may be, providing that the county shall be vested with
every right, power, function, and obligation currently granted
36.56.040
[Title 36 RCW—page 118]
to or possessed by the metropolitan municipal corporation
pursuant to chapter 35.58 RCW (including *RCW 35.58.273
relating to levy and use of the motor vehicle excise tax) or
other provision of state law, including but not limited to, the
power and authority to levy a sales and use tax pursuant to
chapter 82.14 RCW or other provision of law: PROVIDED,
That such ordinance or resolution shall be submitted to the
voters of the county for their adoption and ratification or
rejection, and if a majority of the persons voting on the proposition residing within the central city shall vote in favor
thereof and a majority of the persons voting on the proposition residing in the metropolitan area outside of the central
city shall vote in favor thereof, the ordinance or resolution
shall be deemed adopted and ratified.
Upon assumption of the rights, powers, functions, and
obligations of the metropolitan municipal corporation by the
county, the metropolitan council established pursuant to the
provisions of RCW 35.58.120 through 35.58.160 shall be
abolished, said provisions shall be inapplicable to the county,
and the county legislative authority shall thereafter be vested
with all rights, powers, duties, and obligations otherwise
vested by law in the metropolitan council: PROVIDED, That
in any county with a home rule charter such rights, powers,
functions, and obligations shall vest in accordance with the
executive and legislative responsibilities defined in such
charter. [1977 ex.s. c 277 § 4.]
*Reviser’s note: RCW 35.58.273 was repealed by 2002 c 6 § 2.
36.56.050 Employees and personnel. All employees
and personnel of the metropolitan municipal corporation who
are under a personnel system pursuant to RCW 35.58.370
shall be assigned to the county personnel system to perform
their usual duties upon the same terms as formerly, without
any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing
the county personnel system. [1977 ex.s. c 277 § 5.]
36.56.050
36.56.060 Apportionment of budgeted funds—
Transfer and adjustment of funds, accounts and records.
If apportionments of budgeted funds are required because of
the transfers authorized by this chapter, the county budget
office shall certify such apportionments to the agencies and
local governmental units affected and to the state auditor.
Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment
records in accordance with such certification. [1977 ex.s. c
277 § 6.]
36.56.060
36.56.070 Existing rights, actions, proceedings, etc.
not impaired or altered. No transfer of any function made
pursuant to this chapter shall be construed to impair or alter
any existing rights acquired under the provisions of chapter
35.58 RCW or any other provision of law relating to metropolitan municipal corporations, nor as impairing or altering
any actions, activities, or proceedings validated thereunder,
nor as impairing or altering any civil or criminal proceedings
instituted thereunder, nor any rule, regulation, or order promulgated thereunder, nor any administrative action taken
thereunder; and neither the assumption of control of any metropolitan municipal function by a county, nor any transfer of
36.56.070
(2008 Ed.)
Metropolitan Municipal Corporation Functions, Etc.—Assumption by Counties
rights, powers, functions, and obligations as provided in this
chapter, shall impair or alter the validity of any act performed
by such metropolitan municipal corporation or division
thereof or any officer thereof prior to the assumption of such
rights, powers, functions, and obligations by any county as
authorized by this chapter. [1977 ex.s. c 277 § 7.]
36.56.080
36.56.080 Collective bargaining units or agreements.
Nothing contained in this chapter shall be construed to alter
any existing collective bargaining unit or the provisions of
any existing collective bargaining agreement until any such
agreement has expired or until any such bargaining unit has
been modified as provided by law. [1977 ex.s. c 277 § 8.]
36.56.090
36.56.090 Rules and regulations, pending business,
contracts, obligations, validity of official acts. All rules
and regulations, and all pending business before the committees, divisions, boards, and other agencies of any metropolitan municipal corporation transferred pursuant to the provisions of this chapter shall be continued and acted upon by the
county.
All existing contracts and obligations of the transferred
metropolitan municipal corporation shall remain in full force
and effect, and shall be performed by the county. No transfer
authorized in this chapter shall affect the validity of any official act performed by any official or employee prior to the
transfer authorized pursuant to *this amendatory act. [1977
ex.s. c 277 § 9.]
*Reviser’s note: "this amendatory act," see note following RCW
36.56.010.
36.56.100 Real and personal property—Reports,
books, records, etc.—Funds, credits, assets—Appropriations or federal grants. When the rights, powers, functions,
and obligations of a metropolitan municipal corporation are
transferred pursuant to this chapter, all real and personal
property owned by the metropolitan municipal corporation
shall become that of the county.
All reports, documents, surveys, books, records, files,
papers, or other writings relating to the administration of the
powers, duties, and functions transferred pursuant to this
chapter and available to the metropolitan municipal corporation shall be made available to the county.
All cabinets, furniture, office equipment, motor vehicles,
and other tangible property employed in carrying out the
rights, powers, functions, and obligations transferred by this
chapter and available to the metropolitan municipal corporation shall be made available to the county.
All funds, credits, or other assets held in connection with
powers, duties, and functions herein transferred shall be
assigned to the county.
Any appropriations or federal grant made to any committee, division, board, or other department of a metropolitan
municipal corporation for the purpose of carrying out the
rights, powers, functions, and obligations authorized to be
assumed by a county pursuant to this chapter shall on the
effective date of such transfer be credited to the county for
the purpose of carrying out such transferred rights, powers,
functions, and obligations. [1977 ex.s. c 277 § 10.]
36.56.100
(2008 Ed.)
36.56.121
36.56.110 Debts and obligations. The county shall
assume and agree to provide for the payment of all of the
indebtedness of the metropolitan municipal corporation
including the payment and retirement of outstanding general
obligation and revenue bonds issued by the metropolitan
municipal corporation. Until the indebtedness of a metropolitan municipal corporation thus assumed by a county has
been discharged, all property within the boundaries of the
metropolitan municipal corporation and the owners and occupants of that property, shall continue to be liable for taxes,
special assessments, and other charges legally pledged to pay
the indebtedness of the metropolitan municipal corporation.
The county shall assume the obligation of causing the payment of such indebtedness, collecting such taxes, assessments, and charges and observing and performing the other
contractual obligations of the metropolitan municipal corporation. The legislative authority of the county shall act in the
same manner as the governing body of the metropolitan
municipal corporation for the purpose of certifying the
amount of any property tax to be levied and collected therein,
and may cause service and other charges and assessments to
be collected from such property or owners or occupants
thereof, enforce such collection and perform all acts necessary to ensure performance of the contractual obligations of
the metropolitan municipal corporation in the same manner
and by the same means as if the property of the metropolitan
municipal corporation had not been acquired by the county.
When a county assumes the obligation of paying indebtedness of a metropolitan municipal corporation and if property taxes or assessments have been levied and service and
other charges have accrued for such purpose but have not
been collected by the metropolitan municipal corporation
prior to such assumption, the same when collected shall
belong and be paid to the county and be used by such county
so far as necessary for payment of the indebtedness of the
metropolitan municipal corporation existing and unpaid on
the date such county assumed that indebtedness. Any funds
received by the county which have been collected for the purpose of paying any bonded or other indebtedness of the metropolitan municipal corporation shall be used for the purpose
for which they were collected and for no other purpose until
such indebtedness has been paid and retired or adequate provision has been made for such payment and retirement. No
transfer of property as provided in *this act shall derogate
from the claims or rights of the creditors of the metropolitan
municipal corporation or impair the ability of the metropolitan municipal corporation to respond to its debts and obligations. [1977 ex.s. c 277 § 11.]
36.56.110
*Reviser’s note: "this act," see note following RCW 36.56.010.
36.56.121 Maintenance plan. As a condition of receiving state funding, a county that has assumed the transportation functions of a metropolitan municipal corporation shall
submit a maintenance and preservation management plan for
certification by the department of transportation. The plan
must inventory all transportation system assets within the
direction and control of the county, and provide a preservation plan based on lowest life-cycle cost methodologies.
[2006 c 334 § 29; 2003 c 363 § 303.]
36.56.121
Effective date—2006 c 334: See note following RCW 47.01.051.
Finding—Intent—2003 c 363: See note following RCW 35.84.060.
[Title 36 RCW—page 119]
36.56.900
Title 36 RCW: Counties
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
36.56.900 Severability—Construction—1977 ex.s. c
277. If any provision of this 1977 amendatory act, or its
application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to
other persons or circumstances is not affected. In the event
the provisions in RCW 36.56.040 requiring approval by both
the voters of a central city and the county voters residing outside of the central city are held to be invalid, then such provisions shall be severable and the ballot proposition on the
transfer of the metropolitan municipal corporation to the
county shall be decided by the majority vote of the voters voting thereon in a county-wide election. [1977 ex.s. c 277 §
14.]
36.56.900
36.56.910 Effective date—1977 ex.s. c 277. This 1977
amendatory act shall take effect July 1, 1978. [1977 ex.s. c
277 § 15.]
exercise of eminent domain powers: PROVIDED, FURTHER, That nothing shall prohibit an authority from leasing
its buses to private certified carriers or prohibit the county
from providing school bus service. [1981 c 319 § 1; 1979 c
151 § 39; 1974 ex.s. c 167 § 1.]
Population determinations, office of financial management: Chapter 43.62
RCW.
36.57.020 Public transportation authority authorized. Every county, except a county in which a metropolitan
municipal corporation is performing the function of public
transportation on May 5, 1974, is authorized to create a
county transportation authority which shall perform the function of public transportation. Such authority shall embrace all
the territory within a single county and all cities and towns
therein. [1974 ex.s. c 167 § 2.]
36.57.020
36.56.910
Chapter 36.57 RCW
COUNTY PUBLIC TRANSPORTATION AUTHORITY
Chapter 36.57
Sections
36.57.010
36.57.020
36.57.030
36.57.040
36.57.050
36.57.060
36.57.070
36.57.080
36.57.090
36.57.100
36.57.110
36.57.120
36.57.130
Definitions.
Public transportation authority authorized.
Membership—Compensation.
Powers and duties.
Chairman—General manager.
Transportation fund—Contributions.
Public transportation plan.
Transfer of transportation powers and rights to authority—
Funds—Contract indebtedness.
Acquisition of existing transportation system—Assumption of
labor contracts—Transfer of employees—Preservation of
benefits—Collective bargaining.
Counties authorized to perform public transportation function
in unincorporated areas—Exceptions.
Boundaries of unincorporated transportation benefit areas.
Rail fixed guideway system—Safety program plan and security and emergency preparedness plan.
Public transportation for persons with special needs.
Financing of public transportation systems: Chapter 35.95 RCW and RCW
82.14.045.
Municipality defined for purposes of RCW 36.57.080, 36.57.100, and
36.57.110: RCW 35.58.272.
36.57.010 Definitions. For the purposes of this chapter
the following definitions shall apply:
(1) "Authority" means the county transportation authority created pursuant to this chapter.
(2) "Population" means the number of residents as
shown by the figures released for the most recent official
state, federal, or county census, or population determination
made by the office of financial management.
(3) "Public transportation function" means the transportation of passengers and their incidental baggage by means
other than by chartered bus, sightseeing bus, together with
the necessary passenger terminals and parking facilities or
other properties necessary for passenger and vehicular access
to and from such people-moving systems, and may include
contracting for the provision of ambulance services for the
transportation of the sick and injured: PROVIDED, That
such contracting for ambulance services shall not include the
36.57.010
[Title 36 RCW—page 120]
36.57.030 Membership—Compensation. Every
county which undertakes the transportation function pursuant
to RCW 36.57.020 shall create by resolution of the county
legislative body a county transportation authority which shall
be composed as follows:
(1) The elected officials of the county legislative body,
not to exceed three such elected officials;
(2) The mayor of the most populous city within the
county;
(3) The mayor of a city with a population less than five
thousand, to be selected by the mayors of all such cities
within the county;
(4) The mayor of a city with a population greater than
five thousand, excluding the most populous city, to be
selected by the mayors of all such cities within the county:
PROVIDED, HOWEVER, That if there is no city with a population greater than five thousand, excluding the most populous city, then the sixth member who shall be an elected official, shall be selected by the other two mayors selected pursuant to subsections (2) and (3) of this section.
The members of the authority shall be selected within
sixty days after the date of the resolution creating such
authority.
Any member of the authority who is a mayor or an
elected official selected pursuant to subsection (4) above and
whose office is not a full time position shall receive one hundred dollars for each day attending official meetings of the
authority. [1974 ex.s. c 167 § 3.]
36.57.030
36.57.040 Powers and duties. Every county transportation authority created to perform the function of public
transportation pursuant to RCW 36.57.020 shall have the following powers:
(1) To prepare, adopt, carry out, and amend a general
comprehensive plan for public transportation service.
(2) To acquire by purchase, condemnation, gift, or grant
and to lease, construct, add to, improve, replace, repair, maintain, operate, and regulate the use of any transportation facilities and properties, including terminal and parking facilities,
together with all lands, rights-of-way, property, equipment,
and accessories necessary for such systems and facilities.
(3) To fix rates, tolls, fares, and charges for the use of
such facilities and to establish various routes and classes of
36.57.040
(2008 Ed.)
County Public Transportation Authority
service. Fares or charges may be adjusted or eliminated for
any distinguishable class of users including, but not limited to
senior citizens, handicapped persons, and students.
(4) If a county transit authority extends its transportation
function to any area in which service is already offered by
any company holding a certificate of public convenience and
necessity from the Washington utilities and transportation
commission under RCW 81.68.040, to acquire by purchase or
condemnation at the fair market value, from the person holding the existing certificate for providing the services, that
portion of the operating authority and equipment representing
the services within the area of public operation, or to contract
with such person or corporation to continue to operate such
service or any part thereof for time and upon such terms and
conditions as provided by contract.
(5)(a) To contract with the United States or any agency
thereof, any state or agency thereof, any metropolitan municipal corporation, any other county, city, special district, or
governmental agency and any private person, firm, or corporation for the purpose of receiving gifts or grants or securing
loans or advances for preliminary planning and feasibility
studies, or for the design, construction, operation, or maintenance of transportation facilities and ambulance services:
PROVIDED, That before the authority enters into any such
contract for the provision of ambulance service, it shall submit to the voters a proposition authorizing such contracting
authority, and a majority of those voting thereon shall have
approved the proposition; and
(b) To contract with any governmental agency or with
any private person, firm, or corporation for the use by either
contracting party of all or any part of the facilities, structures,
lands, interests in lands, air rights over lands, and rights-ofway of all kinds which are owned, leased, or held by the other
party and for the purpose of planning, constructing, or operating any facility or performing any service related to transportation which the county is authorized to operate or perform, on such terms as may be agreed upon by the contracting
parties: PROVIDED, That before any contract for the lease
or operation of any transportation facilities shall be let to any
private person, firm, or corporation, competitive bids shall
first be called for and contracts awarded in accord with the
procedures established in accord with RCW 36.32.240,
36.32.250, and 36.32.270.
(6) In addition to all other powers and duties, an authority shall have the power to own, construct, purchase, lease,
add to, and maintain any real and personal property or property rights necessary for the conduct of the affairs of the
authority. An authority may sell, lease, convey, or otherwise
dispose of any authority real or personal property no longer
necessary for the conduct of the affairs of the authority. An
authority may enter into contracts to carry out the provisions
of this section. [1982 c 10 § 6. Prior: 1981 c 319 § 2; 1981 c
25 § 3; 1974 ex.s. c 167 § 4.]
Severability—1982 c 10: See note following RCW 6.13.080.
36.57.050 Chairman—General manager. The authority shall elect a chairman, and appoint a general manager who
shall be experienced in administration, and who shall act as
executive secretary to, and administrative officer for the
authority. He shall also be empowered to employ such tech36.57.050
(2008 Ed.)
36.57.080
nical and other personnel as approved by the authority. The
general manager shall be paid such salary and allowed such
expenses as shall be determined by the authority. The general
manager shall hold office at the pleasure of the authority, and
shall not be removed until after notice is given him, and an
opportunity for a hearing before the authority as to the reason
for his removal. [1974 ex.s. c 167 § 5.]
36.57.060
36.57.060 Transportation fund—Contributions.
Each authority shall establish a fund to be designated as the
"transportation fund", in which shall be placed all sums
received by the authority from any source, and out of which
shall be expended all sums disbursed by the authority. The
county treasurer shall be the custodian of the fund, and the
county auditor shall keep the record of the receipts and disbursements, and shall draw and the county treasurer shall
honor and pay all warrants, which shall be approved before
issuance and payment as directed by the authority.
The county and each city or town which is included in
the authority shall contribute such sums towards the expense
for maintaining and operating the authority as shall be agreed
upon between them. [1974 ex.s. c 167 § 6.]
36.57.070
36.57.070 Public transportation plan. The authority
shall adopt a public transportation plan. Such plan shall be a
general comprehensive plan designed to best serve the residents of the entire county. Prior to adoption of the plan, the
authority shall provide a minimum of sixty days during
which sufficient hearings shall be held to provide interested
persons an opportunity to participate in development of the
plan. [1974 ex.s. c 167 § 7.]
36.57.080
36.57.080 Transfer of transportation powers and
rights to authority—Funds—Contract indebtedness. On
the effective date of the proposition approved by the voters in
accord with RCW 35.95.040 or 82.14.045, as now or hereafter amended, the authority shall have and exercise all rights
with respect to the construction, acquisition, maintenance,
operation, extension, alteration, repair, control and management of passenger transportation which the county or any city
located within such county shall have been previously
empowered to exercise and such powers shall not thereafter
be exercised by the county or such cities without the consent
of the authority. The county and all cities within such county
upon demand of the authority shall transfer to the authority
all unexpended funds earmarked or budgeted from any
source for public transportation, including funds receivable.
The county in which an authority is located shall have the
power to contract indebtedness and issue bonds pursuant to
chapter 36.67 RCW to enable the authority to carry out the
purposes of this chapter and RCW 35.95.040 or 82.14.045, as
now or hereafter amended, and the purposes of this chapter
and RCW 35.95.040 or 82.14.045, as now or hereafter
amended, shall constitute a "county purpose" as that term is
used in chapter 36.67 RCW. [1975 1st ex.s. c 270 § 5; 1974
ex.s. c 167 § 8.]
Severability—Effective date—1975 1st ex.s. c 270: See notes following RCW 35.58.272.
[Title 36 RCW—page 121]
36.57.090
Title 36 RCW: Counties
36.57.090 Acquisition of existing transportation system—Assumption of labor contracts—Transfer of
employees—Preservation of benefits—Collective bargaining. A county transportation authority may acquire any
existing transportation system by conveyance, sale, or lease.
In any purchase from a county or city, the authority shall
receive credit from the county or city for any federal assistance and state matching assistance used by the county or city
in acquiring any portion of such system. The authority shall
assume and observe all existing labor contracts relating to
such system and, to the extent necessary for operation of
facilities, all of the employees of such acquired transportation
system whose duties are necessary to operate efficiently the
facilities acquired shall be appointed to comparable positions
to those which they held at the time of such transfer, and no
employee or retired or pensioned employee of such systems
shall be placed in any worse position with respect to pension
seniority, wages, sick leave, vacation or other benefits that he
enjoyed as an employee of such system prior to such acquisition. The authority shall engage in collective bargaining with
the duly appointed representatives of any employee labor
organization having existing contracts with the acquired
transportation system and may enter into labor contracts with
such employee labor organization. [1974 ex.s. c 167 § 9.]
36.57.090
36.57.100 Counties authorized to perform public
transportation function in unincorporated areas—Exceptions. Every county, except a county in which a metropolitan
municipal corporation is performing the public transportation
function as of July 1, 1975, is authorized to perform such
function in such portions of the unincorporated areas of the
county, except within the boundaries of a public transportation benefit area established pursuant to chapter 36.57A
RCW, as the county legislative body shall determine and the
county shall have those powers as are specified in RCW
36.57.040 with respect to the provision of public transportation as is authorized pursuant to RCW 36.57.040. [1975 1st
ex.s. c 270 § 9.]
36.57.100
Severability—Effective date—1975 1st ex.s. c 270: See notes following RCW 35.58.272.
36.57.110 Boundaries of unincorporated transportation benefit areas. The legislative body of any county is
hereby authorized to create and define the boundaries of
unincorporated transportation benefit areas within the unincorporated areas of the county, following school district or
election precinct lines, as far as practicable. Such areas shall
include only those portions of the unincorporated area of the
county which could reasonably assume to benefit from the
provision of public transportation services. [1975 1st ex.s. c
270 § 10.]
36.57.110
Severability—Effective date—1975 1st ex.s. c 270: See notes following RCW 35.58.272.
36.57.120 Rail fixed guideway system—Safety program plan and security and emergency preparedness
plan. (1) Each county transportation authority that owns or
operates a rail fixed guideway system as defined in RCW
81.104.015 shall submit a system safety program plan and a
system security and emergency preparedness plan for that
guideway to the state department of transportation by Sep36.57.120
[Title 36 RCW—page 122]
tember 1, 1999, or at least one hundred eighty calendar days
before beginning operations or instituting revisions to its
plans. These plans must describe the county transportation
authority’s procedures for (a) reporting and investigating
reportable accidents, unacceptable hazardous conditions, and
security breaches, (b) submitting corrective action plans and
annual safety and security audit reports, (c) facilitating onsite safety and security reviews by the state department of
transportation, and (d) addressing passenger and employee
security. The plans must, at a minimum, conform to the standards adopted by the state department of transportation. If
required by the department, the county transportation authority shall revise its plans to incorporate the department’s
review comments within sixty days after their receipt, and
resubmit its revised plans for review.
(2) Each county transportation authority shall implement
and comply with its system safety program plan and system
security and emergency preparedness plan. The county transportation authority shall perform internal safety and security
audits to evaluate its compliance with the plans, and submit
its audit schedule to the department of transportation no later
than December 15th each year. The county transportation
authority shall prepare an annual report for its internal safety
and security audits undertaken in the prior year and submit it
to the department no later than February 15th. This annual
report must include the dates the audits were conducted, the
scope of the audit activity, the audit findings and recommendations, the status of any corrective actions taken as a result
of the audit activity, and the results of each audit in terms of
the adequacy and effectiveness of the plans.
(3) Each county transportation authority shall notify the
department of transportation within two hours of an occurrence of a reportable accident, unacceptable hazardous condition, or security breach. The department may adopt rules further defining a reportable accident, unacceptable hazardous
condition, or security breach. The county transportation
authority shall investigate all reportable accidents, unacceptable hazardous conditions, or security breaches and provide a
written investigation report to the department within fortyfive calendar days after the reportable accident, unacceptable
hazardous condition, or security breach.
(4) The system security and emergency preparedness
plan required in subsection (1)(d) of this section is exempt
from public disclosure under chapter 42.56 RCW. However,
the system safety program plan as described in this section is
not subject to this exemption. [2007 c 422 § 4; 2005 c 274 §
270; 1999 c 202 § 4.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Effective date—1999 c 202: See note following RCW 35.21.228.
36.57.130 Public transportation for persons with special needs. (1) Effective January 1, 2001, in addition to any
other authority granted under this chapter, a county transportation authority may be created to purchase, acquire, maintain, operate, or lease transportation services, equipment, and
facilities for public transportation limited only to persons
with special needs by any method or combination of methods
provided by the authority.
(2) As used in this section, "persons with special needs"
means those persons, including their personal attendants,
36.57.130
(2008 Ed.)
Public Transportation Benefit Areas
who because of physical or mental disability, income status,
or age are unable to transport themselves or purchase transportation.
(3) The county transportation authority may fix, regulate, and control fares and rates to be charged for these transportation services. [2001 c 89 § 1.]
Chapter 36.57A RCW
PUBLIC TRANSPORTATION BENEFIT AREAS
Chapter 36.57A
Sections
36.57A.010 Definitions.
36.57A.011 Municipality defined.
36.57A.020 Public transportation improvement conference—Convening—
Purpose—Multi-county conferences.
36.57A.030 Establishment or change in boundaries of public transportation
benefit area—Hearing—Notice—Procedure—Authority of
county to terminate public transportation benefit area.
36.57A.040 Cities included or excluded—Boundaries—Only benefited
areas included—One area per county, exception.
36.57A.050 Governing body—Selection, qualification, number of members—Travel expenses, compensation.
36.57A.055 Governing body—Periodic review of composition.
36.57A.060 Comprehensive plan—Development—Elements.
36.57A.070 Comprehensive plan—Review.
36.57A.080 General powers.
36.57A.090 Additional powers—Acquisition of existing system.
36.57A.100 Agreements with operators of local public transportation services—Operation without agreement prohibited—Purchase
or condemnation of assets.
36.57A.110 Powers of component city concerning passenger transportation transferred to benefit area—Operation of system by city
until acquired by benefit area—Consent.
36.57A.120 Acquisition of existing system—Labor contracts, employee
rights preserved—Collective bargaining.
36.57A.130 Treasurer and auditor—Powers and duties—Transportation
fund—Contribution of sums for expenses.
36.57A.140 Annexation of additional area.
36.57A.150 Advanced financial support payments.
36.57A.160 Dissolution and liquidation.
36.57A.170 Rail fixed guideway system—Safety program plan and security and emergency preparedness plan.
36.57A.180 Public transportation for persons with special needs.
36.57A.191 Maintenance plan.
36.57A.200 Passenger-only ferry service—Authorized—Investment plan.
36.57A.210 Passenger-only ferry service—Taxes, fees, and tolls.
36.57A.220 Passenger-only ferry service between Kingston and Seattle.
36.57A.230 Public transportation fares—Proof of payment—Civil infractions.
36.57A.235 Public transportation fares—Schedule of fines and penalties—
Who may monitor fare payment—Administration of citations.
36.57A.240 Public transportation fares—Powers of law enforcement
authorities.
36.57A.245 Public transportation fares—Powers and authority are supplemental to other laws.
Financing of public transportation systems: Chapter 35.95 RCW and RCW
82.14.045.
Transportation centers authorized: Chapter 81.75 RCW.
36.57A.010 Definitions. The definitions set forth in
this section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "City" means an incorporated city or town.
(2) "City council" means the legislative body of any city
or town.
(3) "Component city" means an incorporated city or
town within a public transportation benefit area.
(4) "County legislative authority" means the board of
county commissioners or the county council.
(5) "Population" means the number of residents as
shown by the figures released for the most recent official
36.57A.010
(2008 Ed.)
36.57A.020
state, federal, or county census, or population determination
made by the office of financial management.
(6) "Proof of payment" means evidence of fare prepayment authorized by a public transportation benefit area for
the use of buses or other modes of public transportation.
(7) "Public transportation benefit area" means a municipal corporation of the state of Washington created pursuant to
this chapter.
(8) "Public transportation benefit area authority" or
"authority" means the legislative body of a public transportation benefit area.
(9) "Public transportation improvement conference" or
"conference" means the body established pursuant to RCW
36.57A.020 which shall be authorized to establish, subject to
the provisions of RCW 36.57A.030, a public transportation
benefit area pursuant to the provisions of this chapter.
(10) "Public transportation service" means the transportation of packages, passengers, and their incidental baggage
by means other than by chartered bus, sight-seeing bus,
together with the necessary passenger terminals and parking
facilities or other properties necessary for passenger and
vehicular access to and from such people moving systems:
PROVIDED, That nothing shall prohibit an authority from
leasing its buses to private certified carriers or prohibit the
authority from providing school bus service. "Public transportation service" includes passenger-only ferry service for
those public transportation benefit areas eligible to provide
passenger-only ferry service under RCW 36.57A.200. [2008
c 123 § 10; 2003 c 83 § 209; 1983 c 65 § 1; 1979 c 151 § 40;
1975 1st ex.s. c 270 § 11.]
Alphabetization—2008 c 123: See note following RCW 35.58.020.
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
Severability—Effective date—1975 1st ex.s. c 270: See notes following RCW 35.58.272.
Population determinations, office of financial management: Chapter 43.62
RCW.
36.57A.011 Municipality defined.
35.58.272.
36.57A.011
See RCW
36.57A.020 Public transportation improvement conference—Convening—Purpose—Multi-county conferences. The county legislative authority of every county with
a population of forty thousand or more shall, and the legislative authority of every other county may, within ninety days
of July 1, 1975, and as often thereafter as it deems necessary,
and upon thirty days prior written notice addressed to the legislative body of each city within the county and with thirty
days public notice, convene a public transportation improvement conference to be attended by an elected representative
selected by the legislative body of each city, within such
county, and by the county legislative authority. Such conference shall be for the purpose of evaluating the need for and
the desirability of the creation of a public transportation benefit area within certain incorporated and unincorporated portions of the county to provide public transportation services
within such area. In those counties where county officials
believe the need for public transportation service extends
across county boundaries so as to provide public transportation service in a metropolitan area, the county legislative bod36.57A.020
[Title 36 RCW—page 123]
36.57A.030
Title 36 RCW: Counties
ies of two or more neighboring counties may elect to convene
a multi-county conference. In addition, county-wide conferences may be convened by resolution of the legislative bodies
of two or more cities within the county, not to exceed one in
any twelve month period, or a petition signed by at least ten
percent of the registered voters in the last general election of
the city, county or city/county areas of a proposed benefit
area. The chair of the conference shall be elected from the
members at large. [1991 c 363 § 73; 1975 1st ex.s. c 270 §
12.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—Effective date—1975 1st ex.s. c 270: See notes following RCW 35.58.272.
36.57A.030
36.57A.030 Establishment or change in boundaries
of public transportation benefit area—Hearing—
Notice—Procedure—Authority of county to terminate
public transportation benefit area. Any conference which
finds it desirable to establish a public transportation benefit
area or change the boundaries of any existing public transportation benefit area shall fix a date for a public hearing
thereon, or the legislative bodies of any two or more component cities or the county legislative body by resolution may
require the public transportation improvement conference to
fix a date for a public hearing thereon. Prior to the convening
of the public hearing, the county governing body shall delineate the area of the county proposed to be included within the
transportation benefit area, and shall furnish a copy of such
delineation to each incorporated city within such area. Each
city shall advise the county governing body, on a preliminary
basis, of its desire to be included or excluded from the transportation benefit area. The county governing body shall cause
the delineations to be revised to reflect the wishes of such
incorporated cities. This delineation shall be considered by
the conference at the public hearing for inclusion in the public transportation benefit area.
Notice of such hearing shall be published once a week
for at least four consecutive weeks in one or more newspapers of general circulation within the area. The notice shall
contain a description and map of the boundaries of the proposed public transportation benefit area and shall state the
time and place of the hearing and the fact that any changes in
the boundaries of the public transportation benefit area will
be considered at such time and place. At such hearing or any
continuation thereof, any interested person may appear and
be heard on all matters relating to the effect of the formation
of the proposed public transportation benefit area.
The conference may make such changes in the boundaries of the public transportation benefit area as they shall
deem reasonable and proper, but may not delete any portion
of the proposed area which will create an island of included
or excluded lands, and may not delete a portion of any city. If
the conference shall determine that any additional territory
should be included in the public transportation benefit area, a
second hearing shall be held and notice given in the same
manner as for the original hearing. The conference may
adjourn the hearing on the formation of a public transportation benefit area from time to time not exceeding thirty days
in all.
[Title 36 RCW—page 124]
Following the conclusion of such hearing the conference
shall adopt a resolution fixing the boundaries of the proposed
public transportation benefit area, declaring that the formation of the proposed public transportation benefit area will be
conducive to the welfare and benefit of the persons and property therein.
Within thirty days of the adoption of such conference
resolution, the county legislative authority of each county
wherein a conference has established proposed boundaries of
a public transportation benefit area, may by resolution, upon
making a legislative finding that the proposed benefit area
includes portions of the county which could not be reasonably expected to benefit from such benefit area or excludes
portions of the county which could be reasonably expected to
benefit from its creation, disapprove and terminate the establishment of such public transportation benefit area within
such county. [1977 ex.s. c 44 § 1; 1975 1st ex.s. c 270 § 13.]
Severability—1977 ex.s. c 44: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 44 § 7.]
Effective date—1977 ex.s. c 44: "This 1977 amendatory act is necessary for the immediate preservation of the public peace, health, and safety,
the support of the state government and its existing public institutions, and
shall take effect July 1, 1977." [1977 ex.s. c 44 § 8.]
Severability—Effective date—1975 1st ex.s. c 270: See notes following RCW 35.58.272.
36.57A.040 Cities included or excluded—Boundaries—Only benefited areas included—One area per
county, exception. At the time of its formation no public
transportation benefit area may include only a part of any
city, and every city shall be either wholly included or wholly
excluded from the boundaries of such area. Notwithstanding
any other provision of law, if subsequent to the formation of
a public transportation benefit area additional area became or
will become a part of a component city by annexation,
merger, or otherwise, the additional area shall be included
within the boundaries of the transportation benefit area and
be subject to all taxes and other liabilities and obligations of
the public transportation benefit area. The component city
shall be required to notify the public transportation benefit
area at the time the city has added the additional area. Furthermore, notwithstanding any other provisions of law except
as specifically provided in this section, if a city that is not a
component city of the public transportation benefit area adds
area to its boundaries that is within the boundaries of the public transportation benefit area, the area so added shall be
deemed to be excluded from the public transportation benefit
area: PROVIDED, That the public transportation benefit
area shall be given notice of the city’s intention to add such
area. If a city extends its boundaries through annexation
across a county boundary line and such extended boundaries
include areas within the public transportation benefit area,
then the entire area of the city within the county that is within
the public transportation benefit area shall be included within
the public transportation benefit area boundaries. Such area
of the city in the public transportation benefit area shall be
considered a component city of the public transportation benefit area corporation.
The boundaries of any public transportation benefit area
shall follow school district lines or election precinct lines, as
36.57A.040
(2008 Ed.)
Public Transportation Benefit Areas
far as practicable. Only such areas shall be included which
the conference determines could reasonably benefit from the
provision of public transportation services. Except as provided in RCW 36.57A.140(2), only one public transportation
benefit area may be created in any county. [1992 c 16 § 1;
1991 c 318 § 15; 1983 c 65 § 2; 1975 1st ex.s. c 270 § 14.]
Intent—1991 c 318: "The legislature recognizes that certain communities have important cultural, economic, or transportation linkages to communities in other counties. Many public services can most efficiently be delivered from public agencies located in counties other than the county within
which the community is located. It is the intent of the legislature by enacting
sections 15 through 17 of this act to further more effective public transportation linkages between communities, regardless of county association, in
order to better serve state citizen needs." [1991 c 318 § 14.]
Severability—Effective date—1975 1st ex.s. c 270: See notes following RCW 35.58.272.
36.57A.050 Governing body—Selection, qualification, number of members—Travel expenses, compensation. Within sixty days of the establishment of the boundaries of the public transportation benefit area the members of
the county legislative authority and the elected representative
of each city within the area shall provide for the selection of
the governing body of such area, the public transportation
benefit area authority, which shall consist of elected officials
selected by and serving at the pleasure of the governing bodies of component cities within the area and the county legislative authority of each county within the area. If at the time
a public transportation benefit area authority assumes the
public transportation functions previously provided under the
Interlocal Cooperation Act (chapter 39.34 RCW) there are
citizen positions on the governing board of the transit system,
those positions may be retained as positions on the governing
board of the public transportation benefit area authority.
Within such sixty-day period, any city may by resolution
of its legislative body withdraw from participation in the public transportation benefit area. The county legislative authority and each city remaining in the public transportation benefit area may disapprove and prevent the establishment of any
governing body of a public transportation benefit area if the
composition thereof does not meet its approval.
In no case shall the governing body of a single county
public transportation benefit area be greater than nine members and in the case of a multicounty area, fifteen members.
Those cities within the transportation benefit area and
excluded from direct membership on the authority are hereby
authorized to designate a member of the authority who shall
be entitled to represent the interests of such city which is
excluded from direct membership on the authority. The legislative body of such city shall notify the authority as to the
determination of its authorized representative on the authority.
Each member of the authority is eligible to be reimbursed for travel expenses in accordance with RCW
43.03.050 and 43.03.060 and to receive compensation, as set
by the authority, in an amount not to exceed forty-four dollars
for each day during which the member attends official meetings of the authority or performs prescribed duties approved
by the chairman of the authority. Except that the authority
may, by resolution, increase the payment of per diem compensation to each member from forty-four dollars up to
ninety dollars per day or portion of a day for actual atten36.57A.050
(2008 Ed.)
36.57A.055
dance at board meetings or for performance of other official
services or duties on behalf of the authority. In no event may
a member be compensated in any year for more than seventyfive days, except the chairman who may be paid compensation for not more than one hundred days: PROVIDED, That
compensation shall not be paid to an elected official or
employee of federal, state, or local government who is receiving regular full-time compensation from such government for
attending meetings and performing prescribed duties of the
authority.
The dollar thresholds established in this section must be
adjusted for inflation by the office of financial management
every five years, beginning July 1, 2008, based upon changes
in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year’s
annual average consumer price index, for Washington state,
for wage earners and clerical workers, all items, compiled by
the bureau of labor and statistics, United States department of
labor. If the bureau of labor and statistics develops more than
one consumer price index for areas within the state, the index
covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all
items shall be used for the adjustments for inflation in this
section. The office of financial management must calculate
the new dollar threshold and transmit it to the office of the
code reviser for publication in the Washington State Register
at least one month before the new dollar threshold is to take
effect.
A person holding office as commissioner for two or
more special purpose districts shall receive only that per diem
compensation authorized for one of his or her commissioner
positions as compensation for attending an official meeting
or conducting official services or duties while representing
more than one of his or her districts. However, such commissioner may receive additional per diem compensation if
approved by resolution of all boards of the affected commissions. [2007 c 469 § 14; 1998 c 121 § 15; 1983 c 65 § 3; 1977
ex.s. c 44 § 2; 1975 1st ex.s. c 270 § 15.]
Severability—Effective date—1977 ex.s. c 44: See notes following
RCW 36.57A.030.
Severability—Effective date—1975 1st ex.s. c 270: See notes following RCW 35.58.272.
36.57A.055 Governing body—Periodic review of
composition. After a public transportation benefit area has
been in existence for four years, members of the county legislative authority and the elected representative of each city
within the boundaries of the public transportation benefit area
shall review the composition of the governing body of the
benefit area and change the composition of the governing
body if the change is deemed appropriate. The review shall
be at a meeting of the designated representatives of the component county and cities, and the majority of those present
shall constitute a quorum at such meeting. Twenty days
notice of the meeting shall be given by the chief administrative officer of the public transportation benefit area authority.
After the initial review, a review shall be held every four
years.
If an area having a population greater than fifteen percent, or areas with a combined population of greater than
twenty-five percent of the population of the existing public
36.57A.055
[Title 36 RCW—page 125]
36.57A.060
Title 36 RCW: Counties
transportation benefit area as constituted at the last review
meeting, annex to the public transportation benefit area, or if
an area is added under RCW 36.57A.140(2), the representatives of the component county and cities shall meet within
ninety days to review and change the composition of the governing body, if the change is deemed appropriate. This meeting is in addition to the regular four-year review meeting and
shall be conducted pursuant to the same notice requirement
and quorum provisions of the regular review. [1991 c 318 §
16; 1983 c 65 § 4.]
Intent—1991 c 318: See note following RCW 36.57A.040.
36.57A.060 Comprehensive plan—Development—
Elements. The public transportation benefit area authority
authorized pursuant to RCW 36.57A.050 shall develop a
comprehensive transit plan for the area. Such plan shall
include, but not be limited to the following elements:
(1) The levels of transit service that can be reasonably
provided for various portions of the benefit area.
(2) The funding requirements, including local tax
sources, state and federal funds, necessary to provide various
levels of service within the area.
(3) The impact of such a transportation program on other
transit systems operating within that county or adjacent counties.
(4) The future enlargement of the benefit area or the consolidation of such benefit area with other transit systems.
[1975 1st ex.s. c 270 § 16.]
36.57A.060
Severability—Effective date—1975 1st ex.s. c 270: See notes following RCW 35.58.272.
36.57A.070 Comprehensive plan—Review. The comprehensive transit plan adopted by the authority shall be
reviewed by the state department of transportation to determine:
(1) The completeness of service to be offered and the
economic viability of the transit system proposed in such
comprehensive transit plan;
(2) Whether such plan integrates the proposed transportation system with existing transportation modes and systems
that serve the benefit area;
(3) Whether such plan coordinates that area’s system and
service with nearby public transportation systems;
(4) Whether such plan is eligible for matching state or
federal funds. [2006 c 334 § 30; 1985 c 6 § 5; 1975 1st ex.s.
c 270 § 17.]
36.57A.070
Effective date—2006 c 334: See note following RCW 47.01.051.
Severability—Effective date—1975 1st ex.s. c 270: See notes following RCW 35.58.272.
36.57A.080 General powers. In addition to the powers
specifically granted by this chapter a public transportation
benefit area shall have all powers which are necessary to
carry out the purposes of the public transportation benefit
area. A public transportation benefit area may contract with
the United States or any agency thereof, any state or agency
thereof, any other public transportation benefit area, any
county, city, metropolitan municipal corporation, special district, or governmental agency, within or without the state, and
any private person, firm or corporation for the purpose of
36.57A.080
[Title 36 RCW—page 126]
receiving gifts or grants or securing loans or advances for
preliminary planning and feasibility studies, or for the design,
construction or operation of transportation facilities. In addition a public transportation benefit area may contract with
any governmental agency or with any private person, firm or
corporation for the use by either contracting party of all or
any part of the facilities, structures, lands, interests in lands,
air rights over lands and rights-of-way of all kinds which are
owned, leased or held by the other party and for the purpose
of planning, constructing or operating any facility or performing any service which the public transportation benefit
area may be authorized to operate or perform, on such terms
as may be agreed upon by the contracting parties. Before any
contract for the lease or operation of any public transportation benefit area facilities shall be let to any private person,
firm or corporation, a general schedule of rental rates for bus
equipment with or without drivers shall be publicly posted
applicable to all private certificated carriers, and for other
facilities competitive bids shall first be called upon such
notice, bidder qualifications and bid conditions as the public
transportation benefit area authority shall determine.
A public transportation benefit area may sue and be sued
in its corporate capacity in all courts and in all proceedings.
[1975 1st ex.s. c 270 § 18.]
Severability—Effective date—1975 1st ex.s. c 270: See notes following RCW 35.58.272.
36.57A.090
36.57A.090 Additional powers—Acquisition of existing system. A public transportation benefit area authority
shall have the following powers in addition to the general
powers granted by this chapter:
(1) To prepare, adopt, and carry out a general comprehensive plan for public transportation service which will best
serve the residents of the public transportation benefit area
and to amend said plan from time to time to meet changed
conditions and requirements.
(2) To acquire by purchase, condemnation, gift, or grant
and to lease, construct, add to, improve, replace, repair, maintain, operate, and regulate the use of transportation facilities
and properties within or without the public transportation
benefit area or the state, including systems of surface, underground, or overhead railways, tramways, buses, or any other
means of local transportation except taxis, and including
escalators, moving sidewalks, or other people-moving systems, passenger terminal and parking facilities and properties, and such other facilities and properties as may be necessary for passenger and vehicular access to and from such people-moving systems, terminal and parking facilities and
properties, together with all lands, rights-of-way, property,
equipment, and accessories necessary for such systems and
facilities. Public transportation facilities and properties which
are owned by any city may be acquired or used by the public
transportation benefit area authority only with the consent of
the city council of the city owning such facilities. Cities are
hereby authorized to convey or lease such facilities to a public transportation benefit area authority or to contract for their
joint use on such terms as may be fixed by agreement
between the city council of such city and the public transportation benefit area authority, without submitting the matter to
the voters of such city.
(2008 Ed.)
Public Transportation Benefit Areas
The facilities and properties of a public transportation
benefit area system whose vehicles will operate primarily
within the rights-of-way of public streets, roads, or highways,
may be acquired, developed, and operated without the corridor and design hearings which are required by *RCW
35.58.273, as now or hereafter amended, for mass transit
facilities operating on a separate right-of-way.
(3) To fix rates, tolls, fares, and charges for the use of
such facilities and to establish various routes and classes of
service. Fares or charges may be adjusted or eliminated for
any distinguishable class of users including, but not limited
to, senior citizens, handicapped persons, and students.
In the event any person holding a certificate of public
convenience and necessity from the Washington utilities and
transportation commission under RCW 81.68.040 has operated under such certificate for a continuous period of one year
prior to the date of certification and is offering service within
the public transportation benefit area on the date of the certification by the county canvassing board that a majority of
votes cast authorize a tax to be levied and collected by the
public transportation benefit area authority, such authority
may by purchase or condemnation acquire at the fair market
value, from the person holding the existing certificate for providing the services, that portion of the operating authority and
equipment representing the services within the area of public
operation. The person holding such existing certificate may
require the public transportation benefit area authority to initiate such purchase of those assets of such person, existing as
of the date of the county canvassing board certification,
within sixty days after the date of such certification. [1981 c
25 § 4; 1977 ex.s. c 44 § 3; 1975 1st ex.s. c 270 § 19.]
*Reviser’s note: RCW 35.58.273 was repealed by 2002 c 6 § 2.
Severability—Effective date—1977 ex.s. c 44: See notes following
RCW 36.57A.030.
Severability—Effective date—1975 1st ex.s. c 270: See notes following RCW 35.58.272.
36.57A.100 Agreements with operators of local public transportation services—Operation without agreement prohibited—Purchase or condemnation of assets.
Except in accordance with an agreement made as provided in
this section or in accordance with the provisions of RCW
36.57A.090(3) as now or hereafter amended, upon the effective date on which the public transportation benefit area commences to perform the public transportation service, no person or private corporation shall operate a local public passenger transportation service, including passenger-only ferry
service, within the public transportation benefit area with the
exception of taxis, buses owned or operated by a school district or private school, and buses owned or operated by any
corporation or organization solely for the purposes of the corporation or organization and for the use of which no fee or
fare is charged.
An agreement may be entered into between the public
transportation benefit area authority and any person or corporation legally operating a local public passenger transportation service, including passenger-only ferry service, wholly
within or partly within and partly without the public transportation benefit area and on said effective date under which
such person or corporation may continue to operate such service or any part thereof for such time and upon such terms
36.57A.100
(2008 Ed.)
36.57A.120
and conditions as provided in such agreement. Such agreement shall provide for a periodic review of the terms and conditions contained therein. Where any such local public passenger transportation service, including passenger-only ferry
service, will be required to cease to operate within the public
transportation benefit area, the public transportation benefit
area authority may agree with the owner of such service to
purchase the assets used in providing such service, or if no
agreement can be reached, the public transportation benefit
area authority shall condemn such assets in the manner and
by the same procedure as is or may be provided by law for the
condemnation of other properties for cities of the first class,
except insofar as such laws may be inconsistent with the provisions of this chapter.
Wherever a privately owned public carrier operates
wholly or partly within a public transportation benefit area,
the Washington utilities and transportation commission shall
continue to exercise jurisdiction over such operation as provided by law. [2003 c 83 § 210; 1977 ex.s. c 44 § 4; 1975 1st
ex.s. c 270 § 20.]
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
Severability—Effective date—1977 ex.s. c 44: See notes following
RCW 36.57A.030.
Severability—Effective date—1975 1st ex.s. c 270: See notes following RCW 35.58.272.
36.57A.110 Powers of component city concerning
passenger transportation transferred to benefit area—
Operation of system by city until acquired by benefit
area—Consent. The public transportation benefit area shall
have and exercise all rights with respect to the construction,
acquisition, maintenance, operation, extension, alteration,
repair, control and management of passenger transportation
which any component city shall have been previously
empowered to exercise and such powers shall not thereafter
be exercised by such component cities without the consent of
the public transportation benefit area: PROVIDED, That any
city owning and operating a public transportation system on
July 1, 1975 may continue to operate such system within such
city until such system shall have been acquired by the public
transportation benefit area and a public transportation benefit
area may not acquire such system without the consent of the
city council of such city. [1975 1st ex.s. c 270 § 21.]
36.57A.110
Severability—Effective date—1975 1st ex.s. c 270: See notes following RCW 35.58.272.
36.57A.120 Acquisition of existing system—Labor
contracts, employee rights preserved—Collective bargaining. If a public transportation benefit area shall acquire
any existing transportation system, it shall assume and
observe all existing labor contracts relating to such system
and, to the extent necessary for operation of facilities, all of
the employees of such acquired transportation system whose
duties are necessary to operate efficiently the facilities
acquired shall be appointed to comparable positions to those
which they held at the time of such transfer, and no employee
or retired or pensioned employee of such systems shall be
placed in any worse position with respect to pension seniority, wages, sick leave, vacation or other benefits that he
enjoyed as an employee of such system prior to such acquisi36.57A.120
[Title 36 RCW—page 127]
36.57A.130
Title 36 RCW: Counties
tion. The public transportation benefit area authority shall
engage in collective bargaining with the duly appointed representatives of any employee labor organization having existing contracts with the acquired transportation system and
may enter into labor contracts with such employee labor
organization. [1975 1st ex.s. c 270 § 22.]
Severability—Effective date—1975 1st ex.s. c 270: See notes following RCW 35.58.272.
36.57A.130 Treasurer and auditor—Powers and
duties—Transportation fund—Contribution of sums for
expenses. The treasurer of the county in which a public
transportation benefit area authority is located shall be ex
officio treasurer of the authority. In the case of a multicounty
public transportation benefit area the county treasurer of the
largest component county, by population, shall be the treasurer of the authority. However, the authority, by resolution,
and upon the approval of the county treasurer, may designate
some other person having experience in financial or fiscal
matters as treasurer of the authority. Such a treasurer shall
possess all of the powers, responsibilities, and duties the
county treasurer possesses for a public transportation benefit
area authority related to investing surplus authority funds.
The authority may (and if the treasurer is not a county treasurer, it shall) require a bond with a surety company authorized to do business in the state of Washington in an amount
and under the terms and conditions the authority, by resolution, from time to time finds will protect the authority against
loss. The premium on any such bond shall be paid by the
authority.
All authority funds shall be paid to the treasurer and shall
be disbursed by the treasurer only on warrants issued by the
county auditor, upon orders or vouchers approved by the
authority. However, the authority may, by resolution, designate some person having experience in financial or fiscal
matters, other than the county auditor, as the auditor of the
authority. Such an auditor shall possess all of the powers,
responsibilities, and duties that the county auditor possesses
for a public transportation benefit area authority related to
creating and maintaining funds, issuing warrants, and maintaining a record of receipts and disbursements.
The treasurer shall establish a "transportation fund," into
which shall be paid all authority funds, and the treasurer shall
maintain such special accounts as may be created by the
authority into which shall be placed all money as the authority may, by resolution, direct.
If the treasurer of the authority is a treasurer of the
county, all authority funds shall be deposited with the county
depositary under the same restrictions, contracts, and security
as provided for county depositaries. If the treasurer of the
authority is some other person, all funds shall be deposited in
such bank or banks authorized to do business in this state that
have qualified for insured deposits under any federal deposit
insurance act as the authority, by resolution, shall designate.
An authority may provide and require a reasonable bond
of any other person handling moneys or securities of the
authority, but the authority shall pay the premium on the
bond.
The county or counties and each city or town which is
included in the authority shall contribute such sums towards
the expense for maintaining and operating the public trans36.57A.130
[Title 36 RCW—page 128]
portation system as shall be agreed upon between them.
[1983 c 151 § 1; 1975 1st ex.s. c 270 § 23.]
Severability—Effective date—1975 1st ex.s. c 270: See notes following RCW 35.58.272.
36.57A.140 Annexation of additional area. (1) An
election to authorize the annexation of territory contiguous to
a public transportation benefit area may be called within the
area to be annexed pursuant to resolution or petition in the
following manner:
(a) By resolution of a public transportation benefit area
authority when it determines that the best interests and general welfare of the public transportation benefit area would be
served. The authority shall consider the question of areas to
be annexed to the public transportation benefit area at least
once every two years.
(b) By petition calling for such an election signed by at
least four percent of the qualified voters residing within the
area to be annexed and filed with the auditor of the county
wherein the largest portion of the public transportation benefit area is located, and notice thereof shall be given to the
authority. Upon receipt of such a petition, the auditor shall
examine it and certify to the sufficiency of the signatures
thereon.
(c) By resolution of a public transportation benefit area
authority upon request of any city for annexation thereto.
(2) If the area proposed to be annexed is located within
another county, the petition or resolution for annexation as
set forth in subsection (1) of this section must be approved by
the legislative authority of the county if the area is unincorporated or by the legislative authority of the city or town if the
area is incorporated. Any annexation under this subsection
must involve contiguous areas.
(3) The resolution or petition shall describe the boundaries of the area to be annexed. It shall require that there also
be submitted to the electorate of the territory sought to be
annexed a proposition authorizing the inclusion of the area
within the public transportation benefit area and authorizing
the imposition of such taxes authorized by law to be collected
by the authority. [1991 c 318 § 17; 1983 c 65 § 5; 1975 1st
ex.s. c 270 § 24.]
36.57A.140
Intent—1991 c 318: See note following RCW 36.57A.040.
Severability—Effective date—1975 1st ex.s. c 270: See notes following RCW 35.58.272.
36.57A.150 Advanced financial support payments.
Counties that have established a county transportation
authority pursuant to chapter 36.57 RCW and public transportation benefit areas that have been established pursuant to
this chapter are eligible to receive a one-time advanced financial support payment from the state to assist in the development of the initial comprehensive transit plan required by
RCW 36.57.070 and 36.57A.060. The amount of this support
payment is established at one dollar per person residing
within each county or public transportation benefit area, as
determined by the office of financial management, but no single payment shall exceed fifty thousand dollars. Repayment
of an advanced financial support payment shall be made to
the public transportation account in the general fund or, if
such account does not exist, to the general fund by each
agency within two years of the date such advanced payment
36.57A.150
(2008 Ed.)
Public Transportation Benefit Areas
was received. Such repayment shall be waived within two
years of the date such advanced payment was received if the
voters in the appropriate counties or public transportation
benefit areas do not elect to levy and collect taxes enabled
under authority of this chapter and RCW 35.95.040 and
82.14.045. The state department of transportation shall provide technical assistance in the preparation of local transit
plans, and administer the advanced financial support payments authorized by this section. [1985 c 6 § 6; 1979 c 151 §
41; 1975 1st ex.s. c 270 § 25.]
Severability—Effective date—1975 1st ex.s. c 270: See notes following RCW 35.58.272.
36.57A.160 Dissolution and liquidation. A public
transportation benefit area established pursuant to this chapter may be dissolved and its affairs liquidated when so
directed by a majority of persons in the benefit area voting on
such question. An election placing such question before the
voters may be called in the following manner:
(1) By resolution of the public transportation benefit area
authority;
(2) By resolution of the county legislative body or bodies
with the concurrence therein by resolution of the city council
of a component city; or
(3) By petition calling for such election signed by at least
ten percent of the qualified voters residing within the area
filed with the auditor of the county wherein the largest portion of the public transportation benefit area is located. The
auditor shall examine the same and certify to the sufficiency
of the signatures thereon: PROVIDED, That to be validated,
signatures must have been collected within a ninety day
period as designated by the petition sponsors.
Any dissolution of a public transportation benefit area
authority shall be carried out in accordance with the procedures in chapter 53.48 RCW. Any remaining deficit of the
authority determined pursuant to RCW 53.48.080 shall be
paid from the moneys collected from the tax source under
which the authority operated. [1977 ex.s. c 44 § 5; 1975 1st
ex.s. c 270 § 26.]
36.57A.160
Severability—Effective date—1977 ex.s. c 44: See notes following
RCW 36.57A.030.
Severability—Effective date—1975 1st ex.s. c 270: See notes following RCW 35.58.272.
36.57A.170 Rail fixed guideway system—Safety program plan and security and emergency preparedness
plan. (1) Each public transportation benefit area that owns or
operates a rail fixed guideway system as defined in RCW
81.104.015 shall submit a system safety program plan and a
system security and emergency preparedness plan for that
guideway to the state department of transportation by September 1, 1999, or at least one hundred eighty calendar days
before beginning operations or instituting revisions to its
plans. These plans must describe the public transportation
benefit area’s procedures for (a) reporting and investigating
reportable accidents, unacceptable hazardous conditions, and
security breaches, (b) submitting corrective action plans and
annual safety and security audit reports, (c) facilitating onsite safety and security reviews by the state department of
transportation, and (d) addressing passenger and employee
security. The plans must, at a minimum, conform to the stan36.57A.170
(2008 Ed.)
36.57A.180
dards adopted by the state department of transportation. If
required by the department, the public transportation benefit
area shall revise its plans to incorporate the department’s
review comments within sixty days after their receipt, and
resubmit its revised plans for review.
(2) Each public transportation benefit area shall implement and comply with its system safety program plan and
system security and emergency preparedness plan. The public transportation benefit area shall perform internal safety
and security audits to evaluate its compliance with the plans,
and submit its audit schedule to the department of transportation no later than December 15th each year. The public transportation benefit area shall prepare an annual report for its
internal safety and security audits undertaken in the prior
year and submit it to the department no later than February
15th. This annual report must include the dates the audits
were conducted, the scope of the audit activity, the audit findings and recommendations, the status of any corrective
actions taken as a result of the audit activity, and the results
of each audit in terms of the adequacy and effectiveness of
the plans.
(3) Each public transportation benefit area shall notify
the department of transportation within two hours of an
occurrence of a reportable accident, unacceptable hazardous
condition, or security breach. The department may adopt
rules further defining a reportable accident, unacceptable
hazardous condition, or security breach. The public transportation benefit area shall investigate all reportable accidents,
unacceptable hazardous conditions, or security breaches and
provide a written investigation report to the department
within forty-five calendar days after the reportable accident,
unacceptable hazardous condition, or security breach.
(4) The system security and emergency preparedness
plan required in subsection (1)(d) of this section is exempt
from public disclosure under chapter 42.56 RCW. However,
the system safety program plan as described in this section is
not subject to this exemption. [2007 c 422 § 5; 2005 c 274 §
271; 1999 c 202 § 5.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Effective date—1999 c 202: See note following RCW 35.21.228.
36.57A.180 Public transportation for persons with
special needs. (1) Effective January 1, 2001, in addition to
any other authority granted under this chapter, a newly
formed public transportation benefit area, or an existing public transportation benefit area that has not yet successfully
submitted an authorizing proposition to the voters under
RCW 82.14.045, may purchase, acquire, maintain, operate,
or lease transportation services, equipment, and facilities for
public transportation limited only to persons with special
needs by any method or combination of methods provided by
the area authority.
(2) As used in this section, "persons with special needs"
means those persons, including their personal attendants,
who because of physical or mental disability, income status,
or age are unable to transport themselves or purchase transportation.
(3) The public transportation benefit area may fix, regulate, and control fares and rates to be charged for these transportation services. [2001 c 89 § 2.]
36.57A.180
[Title 36 RCW—page 129]
36.57A.191
Title 36 RCW: Counties
36.57A.191
36.57A.191 Maintenance plan. As a condition of
receiving state funding, a public transportation benefit area
authority shall submit a maintenance and preservation management plan for certification by the department of transportation. The plan must inventory all transportation system
assets within the direction and control of the authority, and
provide a preservation plan based on lowest life-cycle cost
methodologies. [2006 c 334 § 9; 2003 c 363 § 304.]
Effective date—2006 c 334: See note following RCW 47.01.051.
Finding—Intent—2003 c 363: See note following RCW 35.84.060.
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
36.57A.200
36.57A.200 Passenger-only ferry service—Authorized—Investment plan. A public transportation benefit
area having a boundary located on Puget Sound may provide
passenger-only ferry service. For the purposes of this chapter
and RCW 82.14.440 and 82.80.130, Puget Sound is considered as extending north as far as the Canadian border and
west as far as Port Angeles. Before a benefit area may provide passenger-only ferry service, it must develop a passenger-only ferry investment plan including elements to operate
or contract for the operation of passenger-only ferry services,
purchase, lease, or rental of ferry vessels and dock facilities
for the provision of transit service, and identify other activities necessary to implement the plan. The plan must set forth
terminal locations to be served, projected costs of providing
services, and revenues to be generated from tolls, locally collected tax revenues, and other revenue sources. The plan
must ensure that services provided under the plan are for the
benefit of the residents of the benefit area. The benefit area
may use any of its powers to carry out this purpose, unless
otherwise prohibited by law. In addition, the public transportation benefit area may enter into contracts and agreements to
operate passenger-only ferry service and public-private partnerships and design-build, general contractor/construction
management, or other alternative procurement process substantially consistent with chapter 39.10 RCW. [2003 c 83 §
201.]
Findings—Intent—2003 c 83: "The legislature finds that passengeronly ferry service is a key element to the state’s transportation system and
that it is in the interest of the state to ensure provision of such services. The
legislature further finds that diminished state transportation resources require
that regional and local authorities be authorized to develop, operate, and fund
needed services.
The legislature recognizes that if the state eliminates passenger-only
ferry service on one or more routes, it should provide an opportunity for
locally sponsored service and the department of transportation should assist
in this effort.
It is the intent of the legislature to encourage interlocal agreements to
ensure passenger-only ferry service is reinstated on routes that the Washington state ferry system eliminates." [2003 c 83 § 101.]
Captions, part headings not law—2003 c 83: "Captions and part
headings used in this act are not part of the law." [2003 c 83 § 401.]
Severability—2003 c 83: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2003 c 83 § 402.]
Effective date—2003 c 83: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 23, 2003]." [2003 c 83 § 403.]
[Title 36 RCW—page 130]
36.57A.210
36.57A.210 Passenger-only ferry service—Taxes,
fees, and tolls. (1) A public transportation benefit area may,
as part of a passenger-only ferry investment plan, recommend
some or all of the following revenue sources as provided in
this chapter:
(a) A motor vehicle excise tax, as provided in RCW
82.80.130;
(b) A sales and use tax, as provided in RCW 82.14.440;
(c) Tolls for passengers and packages and, where applicable, parking; and
(d) Charges or licensing fees for advertising, leasing
space for services to ferry passengers, and other revenue-generating activities.
(2) Taxes may not be imposed without an affirmative
vote of the majority of the voters within the boundaries of the
area voting on a single ballot proposition to both approve a
passenger-only ferry investment plan and to approve taxes to
implement the plan. Revenues from these taxes and fees may
be used only to implement the plan and must be used for the
benefit of the residents of the benefit area. A district may
contract with the state department of revenue or other appropriate entities for administration and collection of any of the
taxes or charges authorized in this section. [2003 c 83 § 202.]
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
36.57A.220
36.57A.220 Passenger-only ferry service between
Kingston and Seattle. A public transportation benefit area
seeking grant funding as described in RCW 47.01.350 for a
passenger-only ferry route between Kingston and Seattle
shall first receive approval from the governor after submitting a complete business plan to the governor and the legislature by November 1, 2007. The business plan must, at a minimum, include hours of operation, vessel needs, labor needs,
proposed routes, passenger terminal facilities, passenger
rates, anticipated federal and local funding, coordination with
the Washington state ferry system, coordination with existing
transit providers, long-term operation and maintenance
needs, and a long-term financial plan. [2007 c 223 § 1; 2006
c 332 § 8.]
Effective date—2007 c 223: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 27, 2007]." [2007 c 223 § 11.]
36.57A.230
36.57A.230 Public transportation fares—Proof of
payment—Civil infractions. (1) Persons traveling on public transportation operated by a public transportation benefit
area shall pay the fare established by the public transportation
benefit area. Such persons shall produce proof of payment
when requested by a person designated to monitor fare payment.
(2) The following constitute civil infractions punishable
according to the schedule of fines and penalties established
by a public transportation benefit area under RCW
36.57A.235:
(a) Failure to pay the required fare;
(b) Failure to display proof of payment when requested
to do so by a person designated to monitor fare payment; and
(2008 Ed.)
Solid Waste Disposal
(c) Failure to depart the bus or other mode of public
transportation when requested to do so by a person designated to monitor fare payment. [2008 c 123 § 6.]
36.57A.235 Public transportation fares—Schedule of
fines and penalties—Who may monitor fare payment—
Administration of citations. (1) A public transportation
benefit area may establish, by resolution, a schedule of fines
and penalties for civil infractions established in RCW
36.57A.230. Fines established shall not exceed those
imposed for class 1 infractions under RCW 7.80.120.
(2)(a) A public transportation benefit area may designate
persons to monitor fare payment who are equivalent to, and
are authorized to exercise all the powers of, an enforcement
officer as defined in RCW 7.80.040. A public transportation
benefit area may employ personnel to either monitor fare
payment or contract for such services, or both.
(b) In addition to the specific powers granted to enforcement officers under RCW 7.80.050 and 7.80.060, persons
designated to monitor fare payment may also take the following actions:
(i) Request proof of payment from passengers;
(ii) Request personal identification from a passenger
who does not produce proof of payment when requested;
(iii) Issue a citation conforming to the requirements
established in RCW 7.80.070; and
(iv) Request that a passenger leave the bus or other mode
of public transportation when the passenger has not produced
proof of payment after being asked to do so by a person designated to monitor fare payment.
(3) A public transportation benefit area shall keep
records of citations in the manner prescribed by RCW
7.80.150. All civil infractions established by this section and
RCW 36.57A.230 and 36.57A.240 shall be heard and determined by a district court as provided in RCW 7.80.010 (1)
and (4). [2008 c 123 § 7.]
36.57A.235
36.57A.240 Public transportation fares—Powers of
law enforcement authorities. RCW 36.57A.230 and
36.57A.235 do not prevent law enforcement authorities from
prosecuting for theft, trespass, or other charges by any individual who:
(1) Fails to pay the required fare on more than one occasion within a twelve-month period;
(2) Fails to timely select one of the options for responding to the notice of civil infraction after receiving a statement
of the options for responding to the notice of infraction and
the procedures necessary to exercise these options; or
(3) Fails to depart the bus or other mode of public transportation when requested to do so by a person designated to
monitor fare payment. [2008 c 123 § 8.]
36.57A.240
36.57A.245 Public transportation fares—Powers and
authority are supplemental to other laws. The powers and
a u th o ri ty c o n fe rr e d b y R CW 3 6 . 57 A .2 3 0 th r o ug h
36.57A.240 shall be construed as in addition and supplemental to powers or authority conferred by any other law, and
nothing contained therein shall be construed as limiting any
other powers or authority of any public agency. [2008 c 123
§ 9.]
36.57A.245
(2008 Ed.)
Chapter 36.58
36.58.030
Chapter 36.58 RCW
SOLID WASTE DISPOSAL
Sections
36.58.010
36.58.020
36.58.030
36.58.040
36.58.045
36.58.050
36.58.060
36.58.080
36.58.090
36.58.100
36.58.110
36.58.120
36.58.130
36.58.140
36.58.150
36.58.160
Acquisition of solid waste or recyclable materials sites authorized.
Rules and regulations as to use—Penalty.
"Transfer station" defined.
Solid waste handling systems authorized—Disposal sites—
Contracts for solid waste handling and collection of source
separated recyclable material—Waste reduction and recycling.
County may impose fee upon solid waste collection services—
Revenue to fund compliance with comprehensive solid
waste management plan.
Solid waste disposal—Transfer stations.
Solid waste disposal—Ownership of solid wastes—Responsibility for handling.
County solid waste facilities—Exempt from municipal
taxes—Charges to mitigate impacts—Negotiation and arbitration.
Contracts with vendors for solid waste handling systems,
plants, sites, or facilities—Requirements—Vendor selection
procedures.
Solid waste disposal district—Authorized—Boundaries—
Powers—Governing body.
Solid waste disposal district—Establishment, modification, or
dissolution—Hearing—Notice.
Solid waste disposal district—Establishment—Ordinance.
Solid waste disposal district—Powers—Restrictions—Fees.
Solid waste disposal district—Excise tax—Lien for delinquent
taxes and penalties.
Solid waste disposal district—Excess levies authorized—General obligation and revenue bonds.
Collection and transportation of recyclable materials by recycling companies or nonprofit entities—Reuse or reclamation—Application of chapter.
Solid waste collection companies: Chapter 81.77 RCW.
36.58.010 Acquisition of solid waste or recyclable
materials sites authorized. Any county legislative authority
may acquire by purchase or by gift, dedication, or donation,
sites for the use of the public in disposing of solid waste or
recyclable materials. However, no county legislative authority shall be authorized to require any retail enterprise engaged
in the sale of consumer-packaged products to locate or place
a public solid waste collection site or buy-back center upon or
within a certain distance of the retail establishment as a condition of engaging in the sale of consumer-packaged products. [1989 c 431 § 52; 1963 c 4 § 36.58.010. Prior: 1943 c
87 § 1; Rem. Supp. 1943 § 6294-150.]
36.58.010
Severability—1989 c 431: See RCW 70.95.901.
36.58.020 Rules and regulations as to use—Penalty.
Any board of county commissioners may make such rules
and regulations as may be deemed necessary for the use and
occupation of such sites, and may provide for the maintenance and care thereof. Any person violating any of the rules
and regulations made by the board relating to the use or occupation of any site owned or occupied by the county for garbage disposal purposes shall be guilty of a misdemeanor.
[1963 c 4 § 36.58.020. Prior: 1943 c 87 § 2; Rem. Supp. 1943
§ 6294-151.]
36.58.020
36.58.030 "Transfer station" defined. As used in
RCW 36.58.030 through 36.58.060, the term "transfer station" means a staffed, fixed supplemental facility used by
persons and route collection vehicles to deposit solid wastes
into transfer trailers for transportation to a disposal site. This
does not include detachable containers, except in counties
36.58.030
[Title 36 RCW—page 131]
36.58.040
Title 36 RCW: Counties
with a population of less than seventy thousand, and in any
county with a population of from one hundred twenty-five
thousand to less than two hundred ten thousand that is located
east of the crest of the Cascade mountain range, where
detachable containers shall be securely fenced, staffed by an
attendant during all hours when the detachable container is
open to the public, charge a tipping fee that shall cover the
cost of providing and for use of the service, and shall be operated as a transfer station. [1991 c 363 § 74; 1989 c 431 § 27;
1975-’76 2nd ex.s. c 58 § 1.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1989 c 431: See RCW 70.95.901.
36.58.040 Solid waste handling systems authorized—
Disposal sites—Contracts for solid waste handling and
collection of source separated recyclable material—
Waste reduction and recycling. The legislative authority of
a county may by ordinance provide for the establishment of a
system or systems of solid waste handling for all unincorporated areas of the county or for portions thereof. A county
may designate a disposal site or sites for all solid waste collected in the unincorporated areas pursuant to the provisions
of a comprehensive solid waste plan adopted pursuant to
chapter 70.95 RCW. However for any solid waste collected
by a private hauler operating under a certificate granted by
the Washington utilities and transportation commission
under the provisions of chapter 81.77 RCW and which certificate is for collection in a geographic area lying in more than
one county, such designation of disposal sites shall be pursuant to an interlocal agreement between the involved counties.
A county may construct, lease, purchase, acquire, add to,
alter, or extend solid waste handling systems, plants, sites, or
other facilities and shall have full jurisdiction and authority to
manage, regulate, maintain, utilize, operate, control, and
establish the rates and charges for those solid waste handling
systems, plants, sites, or other facilities. A county may enter
into agreements with public or private parties to: (1) Construct, purchase, acquire, lease, add to, alter, extend, maintain, manage, utilize, or operate publicly or privately owned
or operated solid waste handling systems, plants, sites, or
other facilities; (2) establish rates and charges for those systems, plants, sites, or other facilities; (3) designate particular
publicly or privately owned or operated systems, plants, sites,
or other facilities as disposal sites; (4) process, treat, or convert solid waste into other valuable or useful materials or
products; and (5) sell the material or products of those systems, plants, or other facilities.
The legislative authority of a county may award contracts for solid waste handling that provide that a county provide for a minimum periodic fee or other method of compensation in consideration of the operational availability of those
solid waste handling systems, plants, sites, or other facilities
at a specified minimum level, without regard to the ownership of the systems, plants, sites or other facilities, or the
amount of solid waste actually handled during all or any part
of the contract. When a minimum level of solid waste is specified in a contract entered into under this section, there shall
be a specific allocation of financial responsibility in the event
the amount of solid waste handled falls below the minimum
level provided in the contract. Solid waste handling systems,
36.58.040
[Title 36 RCW—page 132]
plants, sites, or other facilities constructed, purchased,
acquired, leased, added to, altered, extended, maintained,
managed, utilized, or operated pursuant to this section,
whether publicly or privately owned, shall be in substantial
compliance with the solid waste management plan applicable
to the county adopted pursuant to chapter 70.95 RCW.
Agreements relating to such solid waste handling systems,
plans [plants], sites, or other facilities may be for such term
and may contain such covenants, conditions, and remedies as
the legislative authority of the county may deem necessary or
appropriate.
As used in this chapter, the terms "solid waste" and
"solid waste handling" shall be as defined in RCW 70.95.030.
The legislative authority of a county may:
(1) By ordinance award a contract to collect source separated recyclable materials from residences within unincorporated areas. The legislative authority has complete authority to manage, regulate, and fix the price of the source separated recyclable collection service. The contracts may
provide that the county pay minimum periodic fees to a
municipal entity or permit holder; or
(2) Notify the commission in writing to carry out and
implement the provisions of the waste reduction and recycling element of the comprehensive solid waste management
plan.
This election may be made by counties at any time after
July 23, 1989. An initial election must be made no later than
ninety days following approval of the local comprehensive
waste management plan required by RCW 70.95.090.
Nothing in this section shall be construed to authorize
the operation of a solid waste collection system by counties
or to authorize counties to affect the authority of the utilities
and transportation commission under RCW 81.77.020.
[1992 c 131 § 3. Prior: 1989 c 431 § 28; 1989 c 399 § 9; 1986
c 282 § 20; 1975-’76 2nd ex.s. c 58 § 2.]
Severability—1989 c 431: See RCW 70.95.901.
Severability—Legislative findings—Construction—Liberal construction—Supplemental powers—1986 c 282: See notes following RCW
35.21.156.
36.58.045 County may impose fee upon solid waste
collection services—Revenue to fund compliance with
comprehensive solid waste management plan. (1) The legislative authority of any county may impose a fee upon the
solid waste collection services of a solid waste collection
company operating within the unincorporated areas of the
county, to fund the administration and planning expenses that
may be incurred by the county in complying with the requirements in RCW 70.95.090. The fee may be in addition to any
other solid waste services fees and charges a county may
legally impose.
(2) Each county imposing the fee authorized by this section shall notify the Washington utilities and transportation
commission and the affected solid waste collection companies of the amount of the fee ninety days prior to its implementation. [1989 c 431 § 15.]
36.58.045
Severability—Sections captions not law—1989 c 431: See RCW
70.95.901 and 70.95.902.
36.58.050 Solid waste disposal—Transfer stations.
When a comprehensive solid waste plan, as provided in RCW
36.58.050
(2008 Ed.)
Solid Waste Disposal
70.95.080, incorporates the use of transfer stations, such stations shall be considered part of the disposal site and as such,
along with the transportation of solid wastes between disposal sites, shall be exempt from regulation by the Washington utilities and transportation commission as provided in
chapter 81.77 RCW.
Each county may enter into contracts for the hauling of
trailers of solid wastes from these transfer stations to disposal
sites and return either by (1) the normal bidding process, or
(2) negotiation with the qualified collection company servicing the area under authority of chapter 81.77 RCW. [1975’76 2nd ex.s. c 58 § 3.]
36.58.060 Solid waste disposal—Ownership of solid
wastes—Responsibility for handling. Ownership of solid
wastes shall be vested in the person or local jurisdiction managing disposal and/or resource recovery facilities upon the
arrival of said solid wastes at said facility: PROVIDED, That
the original owner retains ownership of the solid wastes until
they arrive at the disposal site or transfer station or detachable
container, and the original owner has the right of recovery to
any valuable items inadvertently discarded: PROVIDED
FURTHER, That the person or agency providing the collection service shall be responsible for the proper handling of the
solid wastes from the point of collection to the disposal or
recovery facility. [1975-’76 2nd ex.s. c 58 § 4.]
36.58.060
36.58.080 County solid waste facilities—Exempt
from municipal taxes—Charges to mitigate impacts—
Negotiation and arbitration. County-owned solid waste
facilities shall not be subject to any tax or excise imposed by
any city or town. Cities or towns may charge counties to mitigate impacts directly attributable to the solid waste facility:
PROVIDED, That any city or town establishes that such
charges are reasonably necessary to mitigate such impacts
and that revenue generated from such charges is expended
only to mitigate such impacts. Impacts resulting from commercial and residential solid waste collection within any city
or town shall not be considered to be directly attributable to
the solid waste facility. In the event that no agreement can be
reached between the city or town and the county following a
reasonable period of good faith negotiations, including mediation where appropriate, the matter shall be resolved by a
board of arbitrators, to be convened at the request of either
party, such board of arbitrators to consist of a representative
from the city or town involved, a representative of the county,
and a third representative to be appointed by the other two
representatives. If no agreement can be reached with regard
to said third representative, the third representative shall be
appointed by a judge of the superior court of the county of the
jurisdiction owning the solid waste facility. The determination by the board of arbitrators of the sum to be paid by the
county shall be binding on all parties. Each party shall pay the
costs of their individual representatives on the board of arbitrators and they shall pay one-half of the cost of the third representative. [1983 c 171 § 1; 1982 c 175 § 8.]
36.58.080
Severability—1982 c 175: See note following RCW 36.58.100.
36.58.090 Contracts with vendors for solid waste
handling systems, plants, sites, or facilities—Require36.58.090
(2008 Ed.)
36.58.090
ments—Vendor selection procedures. (1) Notwithstanding
the provisions of any county charter or any law to the contrary, and in addition to any other authority provided by law,
the legislative authority of a county may contract with one or
more vendors for one or more of the design, construction, or
operation of, or other service related to, the solid waste handling systems, plants, sites, or other facilities in accordance
with the procedures set forth in this section. When a contract
for design services is entered into separately from other services permitted under this section, procurement shall be in
accord with chapter 39.80 RCW. For the purpose of this
chapter, the term "legislative authority" shall mean the board
of county commissioners or, in the case of a home rule charter county, the official, officials, or public body designated by
the charter to perform the functions authorized therein.
(2) If the legislative authority of the county decides to
proceed with the consideration of qualifications or proposals
for services from vendors, the county shall publish notice of
its requirements and request submission of qualifications
statements or proposals. The notice shall be published in the
official newspaper of the county at least once a week for two
weeks not less than sixty days before the final date for the
submission of qualifications statements or proposals. The
notice shall state in summary form (a) the general scope and
nature of the design, construction, operation, or other service,
(b) the name and address of a representative of the county
who can provide further details, (c) the final date for the submission of qualifications statements or proposals, (d) an estimated schedule for the consideration of qualifications, the
selection of vendors, and the negotiation of a contract or contracts for services, (e) the location at which a copy of any
request for qualifications or request for proposals will be
made available, and (f) the criteria established by the legislative authority to select a vendor or vendors, which may
include but shall not be limited to the vendor’s prior experience, including design, construction, or operation of other
similar facilities; respondent’s management capability,
schedule availability and financial resources; cost of the services, nature of facility design proposed by the vendor; system reliability; performance standards required for the facilities; compatibility with existing service facilities operated by
the public body or other providers of service to the public;
project performance guarantees; penalty and other enforcement provisions; environmental protection measures to be
used; consistency with the applicable comprehensive solid
waste management plan; and allocation of project risks.
(3) If the legislative authority of the county decides to
proceed with the consideration of qualifications or proposals,
it may designate a representative to evaluate the vendors who
submitted qualifications statements or proposals and conduct
discussions regarding qualifications or proposals with one or
more vendors. The legislative authority or representative may
request submission of qualifications statements and may later
request more detailed proposals from one or more vendors
who have submitted qualifications statements, or the representative may request detailed proposals without having first
received and evaluated qualifications statements. The representative shall evaluate the qualifications or proposals, as
applicable. If two or more vendors submit qualifications or
proposals that meet the criteria established by the legislative
authority of the county, discussions and interviews shall be
[Title 36 RCW—page 133]
36.58.100
Title 36 RCW: Counties
held with at least two vendors. Any revisions to a request for
qualifications or request for proposals shall be made available to all vendors then under consideration by the city or
town and shall be made available to any other person who has
requested receipt of that information.
(4) Based on criteria established by the legislative
authority of the county, the representative shall recommend
to the legislative authority a vendor or vendors that are initially determined to be the best qualified to provide one or
more of the design, construction, or operation of, or other service related to, the proposed project or services. The legislative authority may select one or more qualified vendors for
one or more of the design, construction, or operation of, or
other service related to, the proposed project or services.
(5) The legislative authority or its representative may
attempt to negotiate a contract with the vendor or vendors
selected for one or more of the design, construction, or operation of, or other service related to, the proposed project or
services on terms that the legislative authority determines to
be fair and reasonable and in the best interest of the county. If
the legislative authority or its representative is unable to
negotiate such a contract with any one or more of the vendors
first selected on terms that it determines to be fair and reasonable and in the best interest of the county, negotiations with
any one or more of the vendors shall be terminated or suspended and another qualified vendor or vendors may be
selected in accordance with the procedures set forth in this
section. If the legislative authority decides to continue the
process of selection, negotiations shall continue with a qualified vendor or vendors in accordance with this section at the
sole discretion of the legislative authority until an agreement
is reached with one or more qualified vendors, or the process
is terminated by the legislative authority. The process may be
repeated until an agreement is reached.
(6) Prior to entering into a contract with a vendor, the
legislative authority of the county shall make written findings, after holding a public hearing on the proposal, that it is
in the public interest to enter into the contract, that the contract is financially sound, and that it is advantageous for the
county to use this method for awarding contracts compared to
other methods.
(7) Each contract shall include a project performance
bond or bonds or other security by the vendor that in the judgment of the legislative authority of the county is sufficient to
secure adequate performance by the vendor.
(8) The provisions of chapters 39.12, 39.19, and *39.25
RCW shall apply to a contract entered into under this section
to the same extent as if the systems and plants were owned by
a public body.
(9) The vendor selection process permitted by this section shall be supplemental to and shall not be construed as a
repeal of or limitation on any other authority granted by law.
(10) The alternative selection process provided by this
section may not be used in the selection of a person or entity
to construct a publicly owned facility for the storage or transfer of solid waste or solid waste handling equipment unless
the facility is either (a) privately operated pursuant to a contract greater than five years, or (b) an integral part of a solid
waste processing facility located on the same site. Instead,
the applicable provisions of RCW 36.32.250 and chapters
[Title 36 RCW—page 134]
39.04 and 39.30 RCW shall be followed. [1992 c 131 § 4;
1989 c 399 § 10; 1986 c 282 § 19.]
*Reviser’s note: Chapter 39.25 RCW was repealed by 1994 c 138 § 2.
Construction of 1986 c 282 § 19—1990 c 279: "Section 19, chapter
282, Laws of 1986, codified as RCW 36.58.090, established an alternate procedure by which a county was authorized to procure systems and plants for
solid waste handling and to contract with private vendors for the design, construction, or operation thereof. Any county with a population of over one
hundred thousand that, prior to the effective date of chapter 399, Laws of
1989 [July 23, 1989], complied with the requirements of either (1) section 10
(3), (4), and (5), chapter 399, Laws of 1989, or (2) section 19(3), chapter 282,
Laws of 1986, shall be deemed to have complied with the requirements of
section 19(3), chapter 282, Laws of 1986." [1990 c 279 § 1.]
Severability—Legislative findings—Construction—Liberal construction—Supplemental powers—1986 c 282: See notes following RCW
35.21.156.
36.58.100 Solid waste disposal district—Authorized—Boundaries—Powers—Governing body. The legislative authority of any county with a population of less than
one million is authorized to establish one or more solid waste
disposal districts within the county for the purpose of providing and funding solid waste disposal services. No solid waste
disposal district may include any area within the corporate
limits of a city or town unless the city or town governing
body adopts a resolution approving inclusion of the area
within its limits. The county legislative authority may modify
the boundaries of the solid waste disposal district by the same
procedure used to establish the district. A solid waste disposal district may be dissolved by the county legislative
authority after holding a hearing as provided in RCW
36.58.110.
As used in RCW 36.58.100 through 36.58.150 the term
"county" includes all counties other than a county with a population of one million or more.
A solid waste disposal district is a quasi-municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution, and a
"taxing district" within the meaning of Article VII, section 2
of the state Constitution.
A solid waste disposal district shall constitute a body
corporate and shall possess all the usual powers of a corporation for public purposes as well as all other powers that may
now or hereafter be specifically conferred by statute: PROVIDED, That a solid waste disposal district shall not have the
power of eminent domain.
The county legislative authority shall be the governing
body of a solid waste disposal district. The electors of a solid
waste disposal district shall be all registered voters residing
within the district. [1991 c 363 § 75; 1982 c 175 § 1.]
36.58.100
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1982 c 175: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1982 c 175 § 9.]
36.58.110 Solid waste disposal district—Establishment, modification, or dissolution—Hearing—Notice. A
county legislative authority proposing to establish a solid
waste disposal district or to modify or dissolve an existing
solid waste disposal district shall conduct a hearing at the
time and place specified in a notice published at least once
36.58.110
(2008 Ed.)
Solid Waste Collection Districts
not less than ten days prior to the hearing in a newspaper of
general circulation within the proposed solid waste disposal
district. This notice shall be in addition to any other notice
required by law to be published. Additional notice of such
hearing may be given by mail, posting within the proposed
solid waste disposal district, or in any manner local authorities deem necessary to notify affected persons. All hearings
shall be public and the county legislative authority shall hear
objections from any person affected by the formation, modification, or dissolution of the solid waste disposal district and
make such changes in the boundaries of the district or any
other modifications that the county legislative authority
deems necessary. [1982 c 175 § 2.]
Severability—1982 c 175: See note following RCW 36.58.100.
36.58.120 Solid waste disposal district—Establishment—Ordinance. No solid waste disposal district shall be
established within a county unless the county legislative
authority determines, following a hearing held pursuant to
RCW 36.58.110, that it is in the public interest to form the
district and the county legislative authority adopts an ordinance creating the solid waste disposal district and establishing its boundaries. [1982 c 175 § 3.]
36.58.120
Severability—1982 c 175: See note following RCW 36.58.100.
36.58.130 Solid waste disposal district—Powers—
Restrictions—Fees. A solid waste disposal district may provide for all aspects of disposing of solid wastes. All moneys
received by a solid waste disposal district shall be used exclusively for district purposes. Nothing in this chapter shall permit waste disposal districts to engage in the collection of residential or commercial garbage.
A solid waste disposal district shall perform all construction in excess of twenty-five thousand dollars by contract let
pursuant to RCW 36.32.250.
A solid waste disposal district may collect disposal fees
based exclusively upon utilization by weight or volume for
accepting solid wastes at a disposal site or transfer station.
The county may transfer moneys to a solid waste disposal
district to be used for district purposes. [1982 c 175 § 4.]
36.58.130
Severability—1982 c 175: See note following RCW 36.58.100.
36.58.140 Solid waste disposal district—Excise tax—
Lien for delinquent taxes and penalties. A solid waste disposal district may levy and collect an excise tax on the privilege of living in or operating a business in a solid waste disposal taxing district sufficient to fund its solid waste disposal
activities: PROVIDED, That any property which is producing commercial garbage shall be exempt if the owner is providing regular collection and disposal. The excise tax shall be
billed and collected at times and in the manner fixed and
determined by the solid waste disposal district. Penalties for
failure to pay the tax on time may be provided for. A solid
waste disposal district shall have a lien for delinquent taxes
and penalties, plus an interest rate equal to the interest rate for
delinquent property taxes. The lien shall be attached to each
parcel of property in the district that is occupied by the person
so taxed and shall be superior to all other liens and encumbrances except liens for property taxes.
36.58.140
(2008 Ed.)
Chapter 36.58A
The solid waste disposal district shall periodically certify
the delinquencies to the county treasurer at which time the
lien shall be attached. The lien shall be foreclosed in the same
manner as the foreclosure of real property taxes. [1982 c 175
§ 5.]
Severability—1982 c 175: See note following RCW 36.58.100.
36.58.150 Solid waste disposal district—Excess levies
authorized—General obligation and revenue bonds. (1)
A solid waste disposal district shall not have the power to
levy an annual levy without voter approval, but it shall have
the power to levy a tax, in excess of the one percent limitation, upon the property within the district for a one year
period to be used for operating or capital purposes whenever
authorized by the electors of the district pursuant to RCW
84.52.052 and Article VII, section 2(a) of the state Constitution.
A solid waste disposal district may issue general obligation bonds for capital purposes only, subject to the limitations
prescribed in RCW 39.36.020(1), and may provide for the
retirement of the bonds by voter-approved bond retirement
tax levies pursuant to Article VII, section 2(b) of the state
Constitution and RCW 84.52.056. Such general obligation
bonds shall be issued and sold in accordance with chapter
39.46 RCW.
A solid waste disposal district may issue revenue bonds
to fund its activities. Such revenue bonds may be in any form,
including bearer bonds or registered bonds as provided in
RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such
revenue bonds may be issued and sold in accordance with
chapter 39.46 RCW. [1984 c 186 § 25; 1983 c 167 § 71; 1982
c 175 § 6.]
36.58.150
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—1982 c 175: See note following RCW 36.58.100.
36.58.160 Collection and transportation of recyclable
materials by recycling companies or nonprofit entities—
Reuse or reclamation—Application of chapter. Nothing
in this chapter shall prevent a recycling company or nonprofit
entity from collecting and transporting recyclable materials
from a buy-back center, drop-box, or from a commercial or
industrial generator of recyclable materials, or upon agreement with a solid waste collection company.
Nothing in this chapter shall be construed as prohibiting
a commercial or industrial generator of commercial recyclable materials from selling, conveying, or arranging for transportation of such material to a recycler for reuse or reclamation. [1989 c 431 § 34.]
36.58.160
Severability—1989 c 431: See RCW 70.95.901.
Chapter 36.58A RCW
SOLID WASTE COLLECTION DISTRICTS
Chapter 36.58A
Sections
36.58A.010
36.58A.020
Authorized—Conditions—Modification or dissolution of
district.
Hearings upon establishing, modification or dissolution of
district—Notice—Scope.
[Title 36 RCW—page 135]
36.58A.010
36.58A.030
36.58A.040
Title 36 RCW: Counties
County legislative authority determination required to establish district—Commission findings as to present services.
County may collect fees of garbage and refuse collection
company—Disposition of fees—Subrogation—Lien.
Dissolution of inactive special purpose districts: Chapter 36.96 RCW.
36.58A.010 Authorized—Conditions—Modification
or dissolution of district. Any county legislative authority
may establish solid waste collection districts within the
county boundaries for the mandatory collection of solid
waste: PROVIDED, That no such district shall include any
area within the corporate limits of any city or town without
the consent of the legislative authority of the city or town.
Such districts may be established only after approval of a
coordinated, comprehensive solid waste management plan
adopted pursuant to chapter 134, Laws of 1969 ex. sess. and
chapter 70.95 RCW or pursuant to another solid waste management plan adopted prior to May 21, 1971 or within one
year thereafter. The legislative authority of the county may
modify or dissolve such district after a hearing as provided
for in RCW 36.58A.020. [1971 ex.s. c 293 § 2.]
36.58A.010
Certain provisions not to detract from commission powers, duties, and functions: RCW 80.01.300.
36.58A.020 Hearings upon establishing, modification
or dissolution of district—Notice—Scope. The county legislative authority proposing to establish a solid waste collection district or to modify or dissolve an existing solid waste
collection district shall conduct a hearing at the time and
place specified in a notice published at least once not less
than ten days prior to the hearing in a newspaper of general
circulation within the county. Additional notice of such hearing may be given by mail, posting on the property, or in any
manner local authorities deem necessary to notify adjacent
landowners and the public. All hearings shall be public and
the legislative authority shall hear objections from any person
affected by the formation of the solid waste collection district
and make such changes in the boundaries of the district or
any other modifications of plans that the legislative authority
deems necessary. [1971 ex.s. c 293 § 3.]
36.58A.020
Certain provisions not to detract from commission powers, duties, and functions: RCW 80.01.300.
36.58A.030 County legislative authority determination required to establish district—Commission findings
as to present services. No solid waste collection district
shall be established in an area within the county boundaries
unless the county legislative authority, after the hearing
regarding formation of such district, determines from that
hearing that mandatory solid waste collection is in the public
interest and necessary for the preservation of public health.
Such determination by the county legislative authority shall
require the utilities and transportation commission to investigate and make a finding as to the ability and willingness of
the existing garbage and refuse collection companies servicing the area to provide the required service.
If the utilities and transportation commission finds that
the existing garbage and refuse collection company or companies are unable or unwilling to provide the required service
it shall proceed to issue a certificate of public need and necessity to any qualified person or corporation in accordance with
the provisions of RCW 81.77.040.
36.58A.030
[Title 36 RCW—page 136]
The utilities and transportation commission shall notify
the county legislative authority within sixty days of its findings and actions and if no qualified garbage and refuse collection company or companies are available in the proposed
solid waste collection district, the county legislative authority
may provide county garbage and refuse collection services in
the area and charge and collect reasonable fees therefor. The
county shall not provide service in any portion of the area
found by the utilities and transportation commission to be
receiving adequate service from an existing certificated carrier unless the county shall acquire the rights of such existing
certificated carrier by purchase or condemnation. [1971 ex.s.
c 293 § 4.]
Certain provisions not to detract from commission powers, duties, and functions: RCW 80.01.300.
36.58A.040 County may collect fees of garbage and
refuse collection company—Disposition of fees—Subrogation—Lien. If any garbage and refuse collection company
certified by the utilities and transportation commission which
operates in any solid waste collection district fails to collect
any fees due and payable to it for garbage and refuse collection services, such company may request the county to collect
such fees. Upon the collection of such fees, the county shall
pay one-half of the fees actually collected to the garbage and
refuse collection company entitled to receive such and shall
deposit the remaining one-half in the county general fund.
When the county undertakes to collect such fees as
requested by the garbage and refuse collection companies,
the county shall be subrogated to all of the rights of such
companies. Any such fees which the county fails to collect
shall become liens on the real or personal property of the persons owing such fees and the county may take all appropriate
legal action to enforce such liens. [1971 ex.s. c 293 § 6.]
36.58A.040
Certain provisions not to detract from commission powers, duties, and functions: RCW 80.01.300.
Chapter 36.60
Chapter 36.60 RCW
COUNTY RAIL DISTRICTS
Sections
36.60.010
36.60.020
36.60.030
36.60.040
36.60.050
36.60.060
36.60.070
36.60.100
36.60.110
36.60.120
36.60.130
36.60.140
36.60.900
36.60.905
Establishment of district—Boundaries—Powers.
Establishment, modification, or dissolution of district—Public
notice and hearing—Election.
Authority of district to provide rail service.
Excess property tax levies authorized.
General obligation bonds authorized—Limitations—Terms.
Revenue bonds authorized—Limitations—Terms.
Power of eminent domain.
Establishment, modification, or dissolution of district—Alternate method.
Establishment, modification, or dissolution of district—Alternate method—Petition.
Establishment, modification, or dissolution of district—Alternate method—Public hearing.
Establishment, modification, or dissolution of district—Alternate method—Determination by county legislative authority.
Annexation by boundary modification—Assumption of outstanding indebtedness.
Liberal construction.
Severability—1983 c 303.
36.60.010 Establishment of district—Boundaries—
Powers. Subject to RCW 36.60.020, the legislative authority
of a county may establish one or more county rail districts
36.60.010
(2008 Ed.)
County Rail Districts
within the county for the purpose of providing and funding
improved rail freight or passenger service, or both. The
boundaries of county rail districts shall be drawn to include
contiguous property in an area from which agricultural or
other goods could be shipped by the rail service provided.
The district shall not include property outside this area which
does not, or, in the judgment of the county legislative authority, is not expected to produce goods which can be shipped by
rail, or property substantially devoted to fruit crops or producing goods that are shipped in a direction away from the
district. A county rail district is a quasi municipal corporation, an independent taxing "authority" within the meaning of
Article VII, section 1 of the state Constitution, and a "taxing
district" within the meaning of Article VII, section 2 of the
state Constitution.
A county rail district shall constitute a body corporate
and shall possess all the usual powers of a corporation for
public purposes as well as all other powers that may now or
hereafter be specifically conferred by statute, including, but
not limited to, the authority to hire employees, staff, and services, to enter into contracts, to accept and expend or use
gifts, grants, and donations, and to sue and be sued.
The county legislative authority shall be the governing
body of a county rail district. The county treasurer shall act as
the ex officio treasurer of the county rail district. The electors
of a district are all registered voters residing within the district.
This authority and that provided in RCW 36.60.030 may
only be exercised outside the boundaries of the county rail
district if such extraterritorial rail services, equipment, or
facilities are found, by resolution of the county legislative
authority exercising such authority, to be reasonably necessary to link the rail services, equipment, and facilities within
the rail district to an interstate railroad system; however, if
such extraterritorial rail services, equipment, or facilities are
in or are to be located in one or more other counties, the legislative authority of such other county must consent by resolution to the proposed plan of the originating county which
consent shall not be unreasonably withheld. [2001 c 58 § 1;
1985 c 187 § 1; 1983 c 303 § 8.]
36.60.020 Establishment, modification, or dissolution of district—Public notice and hearing—Election. (1)
A county legislative authority proposing to establish a county
rail district, or to modify the boundaries of an existing county
rail district, or to dissolve an existing county rail district, shall
conduct a hearing at the time and place specified in a notice
published at least once, not less than ten days prior to the
hearing, in a newspaper of general circulation within the proposed county rail district. This notice shall be in addition to
any other notice required by law to be published. Additional
notice of the hearing may be given by mail, posting within the
proposed county rail district, or in any manner the county legislative authority deems necessary to notify affected persons.
All hearings shall be public and the county legislative authority shall hear objections from any person affected by the formation, modification of the boundaries, or dissolution of the
county rail district.
(2) Following the hearing held under subsection (1) of
this section, the county legislative authority may adopt a resolution providing for the submission of a proposal to estab36.60.020
(2008 Ed.)
36.60.050
lish a county rail district, modify the boundaries of an existing county rail district, or dissolve an existing county rail district, if the county legislative authority finds the proposal to
be in the public interest. The resolution shall contain the
boundaries of the district if applicable.
A proposition to create a county rail district, modify the
boundaries of an existing county rail district, or dissolve an
existing rail district shall be submitted to the affected voters
at the next general election held sixty or more days after the
adoption of the resolution providing for the submittal by the
county legislative authority. The resolution shall establish the
boundaries of the district and include a finding that the creation of the district is in the public interest and that the area
included within the district can reasonably be expected to
benefit from its creation. No portion of a city may be included
in such a district unless the entire city is included.
The district shall be created upon approval of the proposition by simple majority vote. The ballot proposition submitted to the voters shall be in substantially the following form:
FORMATION OF COUNTY RAIL DISTRICT . . . . . .
Shall a county rail district be established for the area
described in a resolution of the legislative authority of . . . . . .
county, adopted on the . . . . day of . . . . . ., 19. . .?
[1983 c 303 § 9.]
Dissolution of inactive special purpose districts: Chapter 36.96 RCW.
36.60.030 Authority of district to provide rail service.
A county rail district is authorized to contract with a person,
partnership, or corporation to provide rail service along a
light-density essential-service rail line for the purpose of carrying commodities. The district shall also have the power to
acquire, maintain, improve, or extend rail facilities within the
district that are necessary for the safe and efficient operation
of the contracted rail service. A county rail district may
receive state rail assistance under chapter 47.76 RCW. Two
or more county rail districts may enter into interlocal cooperation agreements under chapter 39.34 RCW to carry out the
purposes of this chapter. [1983 c 303 § 10.]
36.60.030
36.60.040 Excess property tax levies authorized. A
county rail district is not authorized to impose a regular ad
valorem property tax levy but may:
(1) Levy an ad valorem property tax, in excess of the one
percent limitation, upon the property within the district for a
one-year period to be used for operating or capital purposes
whenever authorized by the voters of the district pursuant to
RCW 84.52.052 and Article VII, section 2(a) of the state
Constitution.
(2) Provide for the retirement of voter approved general
obligation bonds, issued for capital purposes only, by levying
bond retirement ad valorem property tax levies, in excess of
the one percent limitation, whenever authorized by the voters
of the district pursuant to Article VII, section 2(b) of the state
Constitution and RCW 84.52.056. [1983 c 303 § 11.]
36.60.040
36.60.050 General obligation bonds authorized—
Limitations—Terms. (1) To carry out the purpose of this
36.60.050
[Title 36 RCW—page 137]
36.60.060
Title 36 RCW: Counties
chapter, a county rail district may issue general obligation
bonds, not to exceed an amount, together with any outstanding nonvoter approved general obligation indebtedness, equal
to three-eighths of one percent of the value of taxable property within the district, as the term "value of taxable property"
is defined in RCW 39.36.015. A county rail district may additionally issue general obligation bonds for capital purposes
only, together with any outstanding general obligation
indebtedness, not to exceed an amount equal to one and onefourth percent of the value of the taxable property within the
district, as the term "value of taxable property" is defined in
RCW 39.36.015, as prescribed in Article VIII, section 6 of
the state Constitution, and to provide for the retirement
thereof by excess property tax levies as provided in RCW
36.60.040(2). The county rail district may submit a single
proposition to the voters which, if approved, authorizes both
the issuance of the bonds and the bond retirement property
tax levies.
(2) General obligation bonds with a maturity in excess of
forty years shall not be issued. The governing body of the
county rail district shall by resolution determine for each general obligation bond issue the amount, date or dates, terms,
conditions, denominations, interest rate or rates, which may
be fixed or variable, maturity or maturities, redemption
rights, registration privileges, manner of execution, price,
manner of sale, and covenants. The bonds may be in any
form, including bearer bonds or registered bonds. Facsimile
signatures may be used on the bonds and any coupons.
Refunding general obligation bonds may be issued in the
same manner as general obligation bonds are issued.
(3) Whenever general obligation bonds are issued to
fund specific projects or enterprises that generate revenues,
charges, user fees, or special assessments, the county rail district which issues the bonds may specifically pledge all or a
portion of the revenues, charges, user fees, or special assessments to refund the general obligation bonds. [1983 c 303 §
12.]
36.60.060 Revenue bonds authorized—Limitations—Terms. (1) A county rail district may issue revenue
bonds to fund revenue generating facilities which it is authorized to provide or operate. Whenever revenue bonds are to
be issued, the governing body of the district shall create or
have created a special fund or funds for the sole purpose of
paying the principal of and interest on the bonds of each such
issue, into which fund or funds the governing body may obligate the district to pay such amounts of the gross revenue of
all or any part of the facilities constructed, acquired,
improved, repaired, or replaced pursuant to this chapter as the
governing body determines.
(2) The governing body of a county rail district issuing
revenue bonds shall create a special fund or funds from
which, along with any reserves created under RCW
39.44.140, the principal and interest on the revenue bonds
shall exclusively be payable. The governing body may obligate the county rail district to set aside and pay into the special fund or funds a fixed proportion or a fixed amount of the
revenues from the public improvements, projects, facilities,
and all related additions funded by the revenue bonds. This
amount or proportion shall be a lien and charge against these
revenues, subject only to operating and maintenance
expenses. The governing body shall consider the cost of operation and maintenance of the public improvement, project,
facility, or additions funded by the revenue bonds and shall
not place into the special fund or funds a greater amount or
proportion of the revenues than it thinks will be available
after maintenance and operation expenses have been paid and
after the payment of revenue previously pledged. The governing body may also provide that revenue bonds payable
from the same source or sources of revenue may later be
issued on parity with any revenue bonds issued and sold.
(3) Revenue bonds issued pursuant to this section shall
not be an indebtedness of the county rail district issuing the
bonds, and the interest and principal on the bonds shall only
be payable from the revenues lawfully pledged to meet the
principal and interest requirements and any reserves created
pursuant to RCW 39.44.140. The owner of a revenue bond or
any interest coupon issued pursuant to this section shall not
have any claim against the county rail district arising from the
bond or coupon except for payment from the revenues lawfully pledged to meet the principal and interest requirements
and any reserves created pursuant to RCW 39.44.140. The
substance of the limitations included in this subsection shall
be plainly printed, written, or engraved on each bond issued
pursuant to this section.
(4) Revenue bonds with a maturity in excess of thirty
years shall not be issued. The governing body of the county
rail district shall by resolution determine for each revenue
bond issue the amount, date, terms, conditions, denominations, maximum fixed or variable interest rate or rates, maturity or maturities, redemption rights, registration privileges,
manner of execution, manner of sale, callable provisions, if
any, and covenants including the refunding of existing revenue bonds. The bonds may be in any form, including bearer
bonds or registered bonds. Facsimile signatures may be used
on the bonds and any coupons. Refunding revenue bonds
may be issued in the same manner as revenue bonds are
issued. [1983 c 303 § 13.]
36.60.060
[Title 36 RCW—page 138]
36.60.070
36.60.070 Power of eminent domain. A county rail
district may exercise the power of eminent domain to obtain
property for its authorized purposes in the manner counties
exercise the powers of eminent domain. [1983 c 303 § 14.]
Eminent domain by counties: Chapter 8.08 RCW.
36.60.100
36.60.100 Establishment, modification, or dissolution of district—Alternate method. The method of establishing, modifying, or dissolving a county rail district in
RCW 36.60.110 through 36.60.130 is an alternate method to
that specified in RCW 36.60.020. [1986 c 26 § 1.]
36.60.110
36.60.110 Establishment, modification, or dissolution of district—Alternate method—Petition. A petition
to establish, modify the boundaries, or dissolve a county rail
district shall be filed with the county legislative authority.
The petition shall be signed by the owners of property valued
at not less than seventy-five percent according to the assessed
valuation for general taxation of the property for which establishment, modification or dissolution is petitioned. The petition shall set forth a legal description of the property and shall
(2008 Ed.)
Lake and Beach Management Districts
be accompanied by a plat which outlines the boundaries of
the property sought to be annexed. [1986 c 26 § 2.]
36.60.120 Establishment, modification, or dissolution of district—Alternate method—Public hearing. If a
petition to establish, modify the boundaries, or dissolve a
county rail district is filed with the county legislative authority that complies with the requirements specified in RCW
36.60.110, the legislative authority may accept the petition,
fix a date for a public hearing, and publish notice of the hearing in one issue of the official county newspaper. The notice
shall also be posted in three public places within the area proposed for establishment, modification, or dissolution, and
shall specify the time and place of hearing. The expense of
publication and posting of the notice shall be paid by the
signers of the petition. [1986 c 26 § 3.]
36.61.110
36.61.115
36.61.120
36.61.130
36.60.120
36.60.130 Establishment, modification, or dissolution of district—Alternate method—Determination by
county legislative authority. Following the hearing, the
county legislative authority shall determine by resolution
whether the area proposed shall establish, modify the boundaries, or dissolve the county rail district. They may include all
or any portion of the proposed area but may not include any
property not described in the petition. [1986 c 26 § 4.]
36.60.130
36.60.140 Annexation by boundary modification—
Assumption of outstanding indebtedness. All property
annexed to a county rail district by a boundary modification
under RCW 36.60.110 through 36.60.130 shall assume all or
any portion of the outstanding indebtedness of the county rail
district existing at the date of modification. [1986 c 26 § 5.]
36.60.140
36.60.900 Liberal construction. The rule of strict construction does not apply to this chapter, and this chapter shall
be liberally construed to permit the accomplishment of its
purposes. [1983 c 303 § 15.]
36.60.900
36.60.905 Severability—1983 c 303. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1983 c 303 § 23.]
36.60.905
Chapter 36.61 RCW
LAKE AND BEACH MANAGEMENT DISTRICTS
Chapter 36.61
Sections
36.61.010
36.61.020
36.61.025
36.61.030
36.61.040
36.61.050
36.61.060
36.61.070
36.61.080
36.61.090
36.61.100
(2008 Ed.)
Findings—Intent—Purpose.
Creation of district—Special assessments or rates and charges.
Creation of district—Duration.
Creation of district—Resolution or petition—Contents.
Creation of district—Public hearing—Notice—Contents.
Creation of district—Public hearing—Amendments to original
plan.
Creation of district—Public hearing—Legislative authority
may delegate responsibility.
Creation of district—Submittal of question to landowners.
Creation of district—Submittal of question to landowners—
Mail ballot.
Creation of district—Submittal of question to landowners—
Balloting—Conditions.
Creation of district—Submittal of question to landowners—
Majority vote required—Adoption of ordinance.
36.61.140
36.61.150
36.61.160
36.61.170
36.61.180
36.61.190
36.61.200
36.61.210
36.61.220
36.61.230
36.61.240
36.61.250
36.61.260
36.61.270
36.61.280
36.61.020
Creation of district—Limitations on appeals.
Limitation on special assessments, rates,
and charges.
Special assessment roll—Adoption—Public hearing.
Special assessment roll—Public hearing—Legislative authority may delegate responsibility—Appeals.
Special assessment roll—Public hearing—Notice—Contents.
Special assessment roll—Appeal to superior and appellate
courts—Procedure.
Special assessments—Calculation.
Special assessments—Limitations.
Special assessments—Modification.
Special assessments—Collection—Notice.
Special assessments—Payment period—Interest and penalty.
Special assessments—Subdivision of land—Segregation of
assessment.
Special assessments—Filing with county treasurer.
Special assessments—Lien created.
Special assessments—Lien—Validity—Foreclosure.
Special assessments—Legislative authority may stop.
Bonds.
Imposition of rates and charges.
Beach management districts—Purpose—Plan.
Assessments and charges against state lands: Chapter 79.44 RCW.
Boat trailer fee: RCW 46.16.670.
36.61.010 Findings—Intent—Purpose. The legislature finds that the environmental, recreational, and aesthetic
values of many of the state’s lakes are threatened by eutrophication and other deterioration and that existing governmental
authorities are unable to adequately improve and maintain the
quality of the state’s lakes.
The legislature intends that an ecosystem-based beach
management approach should be used to help promote the
health of aquatic ecosystems and that such a management
approach be undertaken in a manner that retains ecosystem
values within the state. This management approach should
use long-term strategies that focus on reducing nutrient
inputs from human activities affecting the aquatic ecosystem,
such as decreasing nutrients into storm water sewers,
decreasing fertilizer application, promoting the proper disposal of pet waste, promoting the use of vegetative borders,
promoting the reduction of nutrients from on-site septic systems where appropriate, and protecting riparian areas.
Organic debris, including vegetation, driftwood, seaweed,
kelp, and organisms, are extremely important to beach ecosystems.
It is the purpose of this chapter to establish a governmental mechanism by which property owners can embark on a
program of lake or beach improvement and maintenance for
their and the general public’s benefit, health, and welfare.
Public property, including state property, shall be considered
the same as private property in this chapter, except liens for
special assessments and liens for rates and charges shall not
extend to public property. Lake bottom property and marine
property below the line of the ordinary high water mark shall
not be considered to be benefited, shall not be subject to special assessments or rates and charges, and shall not receive
voting rights under this chapter. [2008 c 301 § 1; 1987 c 432
§ 1; 1985 c 398 § 1.]
36.61.010
36.61.020 Creation of district—Special assessments
or rates and charges. Any county may create lake or beach
management districts to finance the improvement and maintenance of lakes or beaches located within or partially within
the boundaries of the county. All or a portion of a lake or
beach and the adjacent land areas may be included within one
36.61.020
[Title 36 RCW—page 139]
36.61.025
Title 36 RCW: Counties
or more lake or beach management districts. More than one
lake or beach, or portions of lakes or beaches, and the adjacent land areas may be included in a single lake or beach
management district.
Special assessments or rates and charges may be
imposed on the property included within a lake or beach management district to finance lake or beach improvement and
maintenance activities, including: (1) Controlling or removing aquatic plants and vegetation; (2) improving water quality; (3) controlling water levels; (4) treating and diverting
storm water; (5) controlling agricultural waste; (6) studying
lake or marine water quality problems and solutions; (7)
cleaning and maintaining ditches and streams entering the
lake or marine waters or leaving the lake; (8) monitoring air
quality; and (9) the related administrative, engineering, legal,
and operational costs, including the costs of creating the lake
or beach management district.
Special assessments or rates and charges may be
imposed annually on all the land in a lake or beach management district for the duration of the lake or beach management district without a related issuance of lake or beach management district bonds or revenue bonds. Special assessments also may be imposed in the manner of special
assessments in a local improvement district with each landowner being given the choice of paying the entire special
assessment in one payment, or to paying installments, with
lake or beach management district bonds being issued to
obtain moneys not derived by the initial full payment of the
special assessments, and the installments covering all of the
costs related to issuing, selling, and redeeming the lake or
beach management district bonds. [2008 c 301 § 3; 2000 c
184 § 5; 1987 c 432 § 2; 1985 c 398 § 2.]
Effective date—2000 c 184: See note following RCW 39.96.010.
Cities and towns authorized to establish lake and beach management districts: RCW 35.21.403.
Flood control districts authorized to engage in activities under RCW
36.61.020: RCW 86.09.151.
36.61.025 Creation of district—Duration. To
improve the ability of counties to finance long-term lake or
beach management objectives, lake or beach management
districts may be created for any needed period of time. [2008
c 301 § 4; 2000 c 184 § 4.]
36.61.025
Effective date—2000 c 184: See note following RCW 39.96.010.
36.61.030 Creation of district—Resolution or petition—Contents. A lake or beach management district may
be initiated upon either the adoption of a resolution of intention by a county legislative authority or the filing of a petition
signed by ten landowners or the owners of at least fifteen percent of the acreage contained within the proposed lake or
beach management district, whichever is greater. A petition
or resolution of intention shall set forth: (1) The nature of the
lake or beach improvement or maintenance activities proposed to be financed; (2) the amount of money proposed to be
raised by special assessments or rates and charges; (3) if special assessments are to be imposed, whether the special
assessments will be imposed annually for the duration of the
lake or beach management district, or the full special assessments will be imposed at one time, with the possibility of
installments being made to finance the issuance of lake or
36.61.030
[Title 36 RCW—page 140]
beach management district bonds, or both methods; (4) if
rates and charges are to be imposed, the annual amount of
revenue proposed to be collected and whether revenue bonds
payable from the rates and charges are proposed to be issued;
(5) the number of years proposed for the duration of the lake
or beach management district; and (6) the proposed boundaries of the lake or beach management district.
The county legislative authority may require the posting
of a bond of up to five thousand dollars before the county
considers the proposed creation of a lake or beach management district initiated by petition. The bond may only be
used by the county to finance its costs in studying, holding
hearings, making notices, preparing special assessment rolls
or rolls showing the rates and charges on each parcel, and
conducting elections related to the lake or beach management
district if the proposed lake or beach management district is
not created.
A resolution of intention shall also designate the number
of the proposed lake or beach management district, and fix a
date, time, and place for a public hearing on the formation of
the proposed lake or beach management district. The date for
the public hearing shall be at least thirty days and no more
than ninety days after the adoption of the resolution of intention unless an emergency exists.
Petitions shall be filed with the county legislative authority. The county legislative authority shall determine the sufficiency of the signatures, which shall be conclusive upon all
persons. No person may withdraw his or her name from a
petition after it is filed. If the county legislative authority
determines a petition to be sufficient and the proposed lake or
beach management district appears to be in the public interest
and the financing of the lake or beach improvement or maintenance activities is feasible, it shall adopt a resolution of
intention, setting forth all of the details required to be
included when a resolution of intention is initiated by the
county legislative authority. [2008 c 301 § 5; 1987 c 432 § 3;
1985 c 398 § 3.]
36.61.040 Creation of district—Public hearing—
Notice—Contents. Notice of the public hearing shall be
published in at least two consecutive issues of a newspaper of
general circulation in the proposed lake or beach management district, the date of the first publication to be at least fifteen days prior to the date fixed for the public hearing by the
resolution of intention. Notice of the public hearing shall
also be given to the owner or reputed owner of any lot, tract,
parcel of land, or other property within the proposed lake or
beach management district by mailing the notice at least fifteen days before the date fixed for the public hearing to the
owner or reputed owner of the property as shown on the tax
rolls of the county assessor at the address shown thereon.
Notice of the public hearing shall also be mailed to the
departments of fish and wildlife, natural resources, and ecology at least fifteen days before the date fixed for the public
hearing.
Notices of the public hearing shall: (1) Refer to the resolution of intention; (2) designate the proposed lake or beach
management district by number; (3) set forth a proposed plan
describing: (a) The nature of the proposed lake or beach
improvement or maintenance activities; (b) the amount of
special assessments or rates and charges proposed to be
36.61.040
(2008 Ed.)
Lake and Beach Management Districts
raised by the lake or beach management district; (c) if special
assessments are proposed to be imposed, whether the special
assessments will be imposed annually for the duration of the
lake or beach management district, or the full special assessments will be payable at one time, with the possibility of periodic installments being paid and lake or beach management
bonds being issued, or both; (d) if rates and charges are proposed to be imposed, the annual amount of revenue proposed
to be collected and whether revenue bonds payable from the
rates and charges are proposed to be issued; and (e) the proposed duration of the lake or beach management district; and
(4) indicate the date, time, and place of the public hearing
designated in the resolution of intention.
In the case of the notice sent to each owner or reputed
owner by mail, the notice shall set forth the estimated amount
of the cost of the lake or beach improvement or maintenance
activities to be borne by special assessment, or annual special
assessments, or rates and charges on the lot, tract, parcel of
land, or other property owned by the owner or reputed owner.
If the county legislative authority has designated a committee of itself or an officer to hear complaints and make recommendations to the full county legislative authority, as provided in RCW 36.61.060, the notice shall also describe this
additional step before the full county legislative authority
may adopt a resolution creating the lake or beach management district. [2008 c 301 § 6; 1994 c 264 § 9; 1988 c 36 § 9;
1987 c 432 § 4; 1985 c 398 § 4.]
36.61.050 Creation of district—Public hearing—
Amendments to original plan. The county legislative
authority shall hold a public hearing on the proposed lake or
beach management district at the date, time, and place designated in the resolution of intention.
At this hearing the county legislative authority shall hear
objections from any person affected by the formation of the
lake or beach management district. Representatives of the
departments of fish and wildlife, natural resources, and ecology shall be afforded opportunities to make presentations on
and comment on the proposal. Members of the public shall
be afforded an opportunity to comment on the proposal. The
county legislative authority must consider recommendations
provided to it by the departments of fish and wildlife, natural
resources, and ecology. The public hearing may be extended
to other times and dates declared at the public hearing. The
county legislative authority may make such changes in the
boundaries of the lake or beach management district or such
modification in plans for the proposed lake or beach
improvement or maintenance activities as it deems necessary.
The county legislative authority may not change boundaries
of the lake or beach management district to include property
that was not included previously without first passing an
amended resolution of intention and giving new notice to the
owners or reputed owners of property newly included in the
proposed lake or beach management district in the manner
and form and within the time provided for the original notice.
The county legislative authority shall not alter the plans for
the proposed lake or beach improvement or maintenance
activities to result in an increase in the amount of money proposed to be raised, and shall not increase the amount of
money proposed to be raised, without first passing an
amended resolution of intention and giving new notice to
36.61.050
(2008 Ed.)
36.61.080
property owners in the manner and form and within the time
provided for the original notice. [2008 c 301 § 7; 1994 c 264
§ 10; 1988 c 36 § 10; 1985 c 398 § 5.]
36.61.060
36.61.060 Creation of district—Public hearing—
Legislative authority may delegate responsibility. A
county legislative authority may adopt an ordinance providing for a committee of itself, or an officer, to hold public
hearings on the proposed formation of a lake or beach management district and hear objections to the proposed formation as provided in RCW 36.61.050. The committee or
officer shall make a recommendation to the full legislative
authority, which need not hold a public hearing on the proposed creation of the lake or beach management district. The
full county legislative authority by resolution may approve or
disapprove the recommendation and submit the question of
creating the lake or beach management district to the property owners as provided in RCW 36.61.070 through
36.61.100. [2008 c 301 § 8; 1985 c 398 § 10.]
36.61.070
36.61.070 Creation of district—Submittal of question
to landowners. After the public hearing, the county legislative authority may adopt a resolution submitting the question
of creating the lake or beach management district to the owners of land within the proposed lake or beach management
district, including publicly owned land, if the county legislative authority finds that it is in the public interest to create the
lake or beach management district and the financing of the
lake or beach improvement and maintenance activities is feasible. The resolution shall also include: (1) A plan describing the proposed lake or beach improvement and maintenance activities which avoid adverse impacts on fish and
wildlife and provide for appropriate measures to protect and
enhance fish and wildlife; (2) the number of years the lake or
beach management district will exist; (3) the amount to be
raised by special assessments or rates and charges; (4) if special assessments are to be imposed, whether the special
assessments shall be imposed annually for the duration of the
lake or beach management district or only once with the possibility of installments being imposed and lake or beach management bonds being issued, or both, and, if both types of
special assessments are proposed to be imposed, the lake or
beach improvement or maintenance activities proposed to be
financed by each type of special assessment; (5) if rates and
charges are to be imposed, a description of the rates and
charges and the possibility of revenue bonds being issued that
are payable from the rates and charges; and (6) the estimated
special assessment or rate and charge proposed to be imposed
on each parcel included in the proposed lake or beach management district.
No lake or beach management district may be created by
a county that includes territory located in another county
without the approval of the legislative authority of the other
county. [2008 c 301 § 9; 1987 c 432 § 5; 1985 c 398 § 6.]
36.61.080
36.61.080 Creation of district—Submittal of question
to landowners—Mail ballot. (1) A ballot shall be mailed to
each owner or reputed owner of any lot, tract, parcel of land,
or other property within the proposed lake management dis[Title 36 RCW—page 141]
36.61.090
Title 36 RCW: Counties
trict, including publicly owned land, which ballot shall contain the following proposition:
"Shall lake management district No. . . . . be formed?
Yes . . . . . . . .
No . . . . . . . ."
(2) A ballot shall be mailed to each owner or reputed
owner of any lot, tract, parcel of land, or other property
within the proposed beach management district, including
publicly owned land, which ballot shall contain the following
proposition:
"Shall beach management district No. . . . . be formed?
Yes . . . . . . . .
No . . . . . . . ."
(3) In addition, the ballot shall contain appropriate
spaces for the signatures of the landowner or landowners, or
officer authorized to cast such a ballot. Each ballot shall
include a description of the property owner’s property and
the estimated special assessment, or rate and charge, proposed to be imposed upon the property. A copy of the
instructions and the resolution submitting the question to the
landowners shall also be included. [2008 c 301 § 10; 1987 c
432 § 6; 1985 c 398 § 7.]
36.61.090 Creation of district—Submittal of question
to landowners—Balloting—Conditions. The balloting
shall be subject to the following conditions, which shall be
included in the instructions mailed with each ballot, as provided in RCW 36.61.080: (1) All ballots must be signed by
the owner or reputed owner of property according to the
assessor’s tax rolls; (2) each ballot must be returned to the
county legislative authority not later than 5:00 p.m. of a specified day, which shall be at least twenty but not more than
thirty days after the ballots are mailed; (3) each property
owner shall mark his or her ballot for or against the creation
of the proposed lake or beach management district, with the
ballot weighted so that the property owner has one vote for
each dollar of estimated special assessment or rate and charge
proposed to be imposed on his or her property; and (4) the
valid ballots shall be tabulated and a simple majority of the
votes cast shall determine whether the proposed lake or beach
management district shall be approved or rejected. [2008 c
301 § 11; 1987 c 432 § 7; 1985 c 398 § 8.]
36.61.090
36.61.100 Creation of district—Submittal of question
to landowners—Majority vote required—Adoption of
ordinance. If the proposal receives a simple majority vote in
favor of creating the lake or beach management district, the
county legislative authority shall adopt an ordinance creating
the lake or beach management district and may proceed with
establishing the special assessments or rates and charges, collecting the special assessments or rates and charges, and performing the lake or beach improvement or maintenance
activities. If a proposed lake management district includes
more than one lake and its adjacent areas, the lake management district may only be established if the proposal receives
a simple majority vote in favor of creating it by the voters on
each lake and its adjacent areas. The county legislative
authority shall publish a notice in a newspaper of general cir36.61.100
[Title 36 RCW—page 142]
culation in a lake or beach management district indicating
that such an ordinance has been adopted within ten days of
the adoption of the ordinance.
The ballots shall be available for public inspection after
they are counted. [2008 c 301 § 12; 1987 c 432 § 8; 1985 c
398 § 9.]
36.61.110
36.61.110 Creation of district—Limitations on
appeals. No lawsuit may be maintained challenging the
jurisdiction or authority of the county legislative authority to
proceed with the lake or beach improvement and maintenance activities and creating the lake or beach management
district or in any way challenging the validity of the actions
or decisions or any proceedings relating to the actions or
decisions unless the lawsuit is served and filed no later than
forty days after publication of a notice that the ordinance has
been adopted ordering the lake or beach improvement and
maintenance activities and creating the lake or beach management district. Written notice of the appeal shall be filed
with the county legislative authority and clerk of the superior
court in the county in which the property is situated. [2008 c
301 § 13; 1985 c 398 § 11.]
36.61.115
36.61.115 Limitation on special assessments, rates,
and charges. A special assessment, or rate and charge, on
any lot, tract, parcel of land, or other property shall not be
increased beyond one hundred ten percent of the estimated
special assessment, or rate and charge, proposed to be
imposed as provided in the resolution adopted in RCW
36.61.070, unless the creation of a lake or beach management
district is approved under another mailed ballot election that
reflects the weighted voting arising from such increases.
[2008 c 301 § 14; 1987 c 432 § 9.]
36.61.120
36.61.120 Special assessment roll—Adoption—Public hearing. After a lake or beach management district is created, the county shall prepare a proposed special assessment
roll. A separate special assessment roll shall be prepared for
annual special assessments if both annual special assessments
and special assessments paid at one time are imposed. The
proposed special assessment roll shall list: (1) Each separate
lot, tract, parcel of land, or other property in the lake or beach
management district; (2) the acreage of such property, and
the number of feet of lake or beach frontage, if any; (3) the
name and address of the owner or reputed owner of each lot,
tract, parcel of land, or other property as shown on the tax
rolls of the county assessor; and (4) the special assessment
proposed to be imposed on each lot, tract, parcel of land, or
other property, or the annual special assessments proposed to
be imposed on each lot, tract, parcel of land, or other property.
At the time, date, and place fixed for a public hearing,
the county legislative authority shall act as a board of equalization and hear objections to the special assessment roll, and
at the times to which the public hearing may be adjourned,
the county legislative authority may correct, revise, raise,
lower, change, or modify the special assessment roll or any
part thereof, or set the proposed special assessment roll aside
and order a new proposed special assessment roll to be pre(2008 Ed.)
Lake and Beach Management Districts
pared. The county legislative authority shall confirm and
approve a special assessment roll by adoption of a resolution.
If a proposed special assessment roll is amended to raise
any special assessment appearing thereon or to include omitted property, a new public hearing shall be held. The new
public hearing shall be limited to considering the increased
special assessments or omitted property. Notices shall be
sent to the owners or reputed owners of the affected property
in the same manner and form and within the time provided
for the original notice.
Objections to a proposed special assessment roll must be
made in writing, shall clearly state the grounds for objections,
and shall be filed with the governing body prior to the public
hearing. Objections to a special assessment or annual special
assessments that are not made as provided in this section shall
be deemed waived and shall not be considered by the governing body or a court on appeal. [2008 c 301 § 15; 1985 c 398
§ 12.]
36.61.130
36.61.130 Special assessment roll—Public hearing—
Legislative authority may delegate responsibility—
Appeals. A county legislative authority may adopt an ordinance providing for a committee of itself, or an officer, to
hear objections to the special assessment roll, act as a board
of equalization, and make recommendations to the full
county legislative authority, which need not hold a public
hearing on the special assessment roll. The ordinance shall
provide a process by which an appeal may be made in writing
to the full county legislative authority by a person protesting
his or her special assessment or annual special assessments as
confirmed by the committee or officer. The full county legislative authority by resolution shall approve the special assessment roll, modify and approve the special assessment roll as
a result of hearing objections, or reject the special assessment
roll and return it to the committee or officer for further work
and recommendations. No objection to the decision of the full
county legislative authority approving the special assessment
roll may be considered by a court unless an objection to the
decision has been timely filed with the county legislative
authority as provided in this section. [1985 c 398 § 13.]
36.61.140 Special assessment roll—Public hearing—
Notice—Contents. Notice of the original public hearing on
the proposed special assessment roll, and any public hearing
held as a result of raising special assessments or including
omitted property, shall be published and mailed to the owner
or reputed owner of the property as provided in RCW
36.61.040 for the public hearing on the formation of the lake
or beach management district. However, the notice need
only provide the total amount to be collected by the special
assessment roll and shall state that: (1) A public hearing on
the proposed special assessment roll will be held, giving the
time, date, and place of the public hearing; (2) the proposed
special assessment roll is available for public perusal, giving
the times and location where the proposed special assessment
roll is available for public perusal; (3) objections to the proposed special assessment must be in writing, include clear
grounds for objections, and must be filed prior to the public
hearing; and (4) failure to so object shall be deemed to waive
an objection.
36.61.140
(2008 Ed.)
36.61.150
Notices mailed to the owners or reputed owners shall
additionally indicate the amount of special assessment
ascribed to the particular lot, tract, parcel of land, or other
property owned by the person so notified. [2008 c 301 § 16;
1985 c 398 § 14.]
36.61.150 Special assessment roll—Appeal to superior and appellate courts—Procedure. The decision of a
county legislative authority upon any objection to the special
assessment roll may be appealed to the superior court only if
the objection had been timely made in the manner prescribed
in this chapter. The appeal shall be made within ten days after
publication of a notice that the resolution confirming the special assessment roll has been adopted by filing written notice
of the appeal with the county legislative authority and the
clerk of the superior court in the county in which the real
property is situated. The notice of appeal shall describe the
property and set forth the objections of the appellant to the
special assessment. Within ten days from the filing of such
notice of appeal with the clerk of the superior court, the
appellant shall file with the clerk of the court a transcript consisting of the special assessment roll and his or her objections
thereto, together with the resolution confirming such special
assessment roll and the record of the county legislative
authority with reference to the special assessment or annual
special assessments, which transcript, upon payment of the
necessary fees therefor, shall be furnished by an officer of the
county and by him or her certified to contain full, true, and
correct copies of all matters and proceedings required to be
included in the transcript. Such fees shall be the same as the
fees payable to the county clerk for the preparation and certification of transcripts on appeal to the supreme court or the
court of appeals in civil actions.
At the time of the filing of the notice of appeal with the
clerk of the superior court a sufficient bond in the penal sum
of two hundred dollars, with a surety or sureties thereon as
provided by law for appeals in civil cases, shall be filed conditioned to prosecute such appeal without delay, and if unsuccessful, to pay all costs incurred by the county because of the
appeal. The court may order the appellant, upon application
therefor, to execute and file such additional bond or bonds as
the necessity of the case may require.
Within three days after such transcript is filed in the
superior court, the appellant shall give written notice to the
county legislative authority that such transcript is filed. The
notice shall state a time, not less than three days from the service thereof, when the appellant will call up the cause for
hearing.
The superior court shall, at this time or at such further
time as may be fixed by order of the court, hear and determine such appeal without a jury, and such cause shall have
preference over all civil causes pending in the court, except
proceedings under an act relating to eminent domain in such
county and actions of forcible entry and detainer. The judgment of the court shall confirm, correct, modify, or annul the
special assessment or annual special assessments insofar as
the same affects the property of the appellant. A certified
copy of the decision of the court shall be filed with the officer
having custody of the special assessment roll, and he or she
shall modify and correct such special assessment roll in
accordance with the decision.
36.61.150
[Title 36 RCW—page 143]
36.61.160
Title 36 RCW: Counties
An appeal shall lie to the supreme court or the court of
appeals from the judgment of the superior court, as in other
cases, however, such appeal must be taken within fifteen
days after the date of the entry of the judgment of the superior
court, and the record and opening brief of the appellant in the
cause shall be filed in the supreme court or the court of
appeals within sixty days after the appeal is taken by notice as
provided in this section. The time for filing the record and
serving and filing of briefs may be extended by order of the
superior court, or by stipulation of the parties concerned. The
supreme court or the court of appeals on such appeal may
correct, modify, confirm, or annul the special assessment or
annual special assessments insofar as the same affects the
property of the appellant. A certified copy of the order of the
supreme court or the court of appeals upon such appeal shall
be filed with the officer having custody of such special
assessment roll, who shall thereupon modify and correct such
special assessment roll in accordance with such decision.
[1985 c 398 § 15.]
36.61.160 Special assessments—Calculation. Whenever special assessments are imposed, all property included
within a lake or beach management district shall be considered to be the property specially benefited by the lake or
beach improvement or maintenance activities and shall be the
property upon which special assessments are imposed to pay
the costs and expenses of the lake or beach improvement or
maintenance activities, or such part of the costs and expenses
as may be chargeable against the property specially benefited. The special assessments shall be imposed on property
in accordance with the special benefits conferred on the property up to but not in excess of the total costs and expenses of
the lake or beach improvement or maintenance activities as
provided in the special assessment roll.
Special assessments may be measured by front footage,
acreage, the extent of improvements on the property, or any
other factors that are deemed to fairly reflect special benefits,
including those authorized under RCW 35.51.030. Special
assessments may be calculated by using more than one factor.
Zones around the public improvement may be used that
reflect different levels of benefit in each zone that are measured by a front footage, acreage, the extent of improvements, or other factors.
Public property, including property owned by the state of
Washington, shall be subject to special assessments to the
same extent that private property is subject to the special
assessments, except no lien shall extend to public property.
[2008 c 301 § 17; 1987 c 432 § 10; 1985 c 398 § 16.]
36.61.160
ified in the resolution of intention. After a lake or beach management district has been created, the resolution of intention
may be amended to increase the amount to be financed by the
lake or beach management district by using the same procedure in which a lake or beach management district is created.
[2008 c 301 § 18; 1985 c 398 § 17.]
36.61.180 Special assessments—Modification.
Whenever annual special assessments are being imposed, the
county legislative authority may modify the level of annual
special assessments imposed by conforming with the procedures and subject to the limitations included in RCW
36.61.120 through 36.61.170. [1985 c 398 § 18.]
36.61.180
36.61.190 Special assessments—Collection—Notice.
Special assessments and installments on any special assessment shall be collected by the county treasurer.
The county treasurer shall publish a notice indicating
that the special assessment roll has been confirmed and that
the special assessments are to be collected. The notice shall
indicate the duration of the lake or beach management district
and shall describe whether the special assessments will be
paid in annual payments for the duration of the lake or beach
management district, or whether the full special assessments
will be payable at one time, with the possibility of periodic
installments being paid and lake or beach management bonds
being issued, or both.
If the special assessments are to be payable at one time,
the notice additionally shall indicate that all or any portion of
the special assessments may be paid within thirty days from
the date of publication of the first notice without penalty or
interest. This notice shall be published in a newspaper of
general circulation in the lake or beach management district.
Within ten days of the first newspaper publication, the
county treasurer shall notify each owner or reputed owner of
property whose name appears on the special assessment roll,
at the address shown on the special assessment roll, for each
item of property described on the list: (1) Whether one special assessment payable at one time or special assessments
payable annually have been imposed; (2) the amount of the
property subject to the special assessment or annual special
assessments; and (3) the total amount of the special assessment due at one time, or annual amount of special assessments due. If the special assessment is due at one time, the
notice shall also describe the thirty-day period during which
the special assessment may be paid without penalty, interest,
or cost. [2008 c 301 § 19; 1985 c 398 § 19.]
36.61.190
36.61.200 Special assessments—Payment period—
Interest and penalty. If the special assessments are to be
payable at one time, all or any portion of any special assessment may be paid without interest, penalty, or costs during
this thirty-day period and placed into a special fund to defray
the costs of the lake or beach improvement or maintenance
activities. The remainder shall be paid in installments as provided in a resolution adopted by the county legislative
authority, but the last installment shall be due at least two
years before the maximum term of the bonds issued to pay for
the improvements or maintenance. The installments shall
include amounts sufficient to redeem the bonds issued to pay
36.61.200
36.61.170 Special assessments—Limitations. The
total annual special assessments may not exceed the estimated cost of the lake or beach improvement or maintenance
activities proposed to be financed by such special assessments, as specified in the resolution of intention. The total of
special assessments imposed in a lake or beach management
district that are of the nature of special assessments imposed
in a local improvement district shall not exceed one hundred
fifty percent of the estimated total cost of the lake or beach
improvement or maintenance activities that are proposed to
be financed by the lake or beach management district as spec36.61.170
[Title 36 RCW—page 144]
(2008 Ed.)
Lake and Beach Management Districts
for the lake or beach improvement and maintenance activities. A twenty-day period shall be allowed after the due date
of any installment within which no interest, penalty, or costs
on the installment may be imposed.
The county shall establish by ordinance an amount of
interest that will be imposed on late special assessments
imposed annually or at once, and on installments of a special
assessment. The ordinance shall also specify the penalty, in
addition to the interest, that will be imposed on a late annual
special assessment, special assessment, or installment which
shall not be less than five percent of the delinquent special
assessment or installment.
The owner of any lot, tract, parcel of land, or other property charged with a special assessment may redeem it from all
liability for the unpaid amount of the installments by paying,
to the county treasurer, the remaining portion of the installments that is attributable to principal on the lake or beach
management district bonds. [2008 c 301 § 20; 1985 c 398 §
20.]
36.61.210
36.61.210 Special assessments—Subdivision of
land—Segregation of assessment. Whenever any land
against which there has been levied any special assessment or
annual special assessments by any county has been sold in
part, subdivided, or short subdivided, the county legislative
authority may order a segregation of the special assessment
or annual special assessments. If an installment has been
made, the segregation shall apportion the remaining installments on the parts or lots created.
Any person desiring to have such a special assessment or
annual special assessments against a tract of land segregated
to apply to smaller parts thereof shall apply to the county legislative authority which levied the special assessment or
annual special assessments. If the county legislative authority
determines that a segregation should be made, it shall by resolution order the county treasurer to segregate the special
assessment or annual special assessments on the original
assessment roll as directed in the resolution. The segregation
shall be made as nearly as possible on the same basis as the
original special assessment or annual special assessments
were levied, and the total of the segregated parts of the special assessment or annual special assessments shall equal the
amount of the special assessment or annual special assessments unpaid before segregation. The resolution shall
describe the original tract and the amount and date of the
original special assessment or annual special assessments and
shall define the boundaries of the divided parts and the
amount of the special assessment or annual special assessments chargeable to each part. A certified copy of the resolution shall be delivered to the county treasurer who shall proceed to segregate the special assessment or annual special
assessments upon being tendered a fee of three dollars for
each tract of land for which a segregation is to be made. In
addition to such charge the county legislative authority may
require as a condition to the order of segregation that the person seeking it pay the local government the reasonable engineering and clerical costs incident to making the segregation.
[1985 c 398 § 21.]
(2008 Ed.)
36.61.250
36.61.220 Special assessments—Filing with county
treasurer. Within fifteen days after a county creates a lake
or beach management district, the county shall cause to be
filed with the county treasurer, a description of the lake or
beach improvement and maintenance activities proposed that
the lake or beach management district finances, the lake or
beach management district number, and a copy of the diagram or print showing the boundaries of the lake or beach
management district and preliminary special assessment roll
or abstract of same showing thereon the lots, tracts, parcels of
land, and other property that will be specially benefited
thereby and the estimated cost and expense of such lake or
beach improvement and maintenance activities to be borne
by each lot, tract, parcel of land, or other property. The treasurer shall immediately post the proposed special assessment
roll upon his or her index of special assessments against the
properties affected by the lake or beach improvement or
maintenance activities. [2008 c 301 § 21; 1985 c 398 § 22.]
36.61.220
36.61.230 Special assessments—Lien created. The
special assessment or annual special assessments imposed
upon the respective lots, tracts, parcels of land, and other
property in the special assessment roll or annual special
assessment roll confirmed by resolution of the county legislative authority for the purpose of paying the cost and expense
in whole or in part of any lake or beach improvement or
maintenance activities shall be a lien upon the property
assessed from the time the special assessment roll is placed in
the hands of the county treasurer for collection, but as
between the grantor and grantee, or vendor and vendee of any
real property, when there is no express agreement as to payment of the special assessments against the real property, the
lien of such special assessments shall attach thirty days after
the filing of the diagram or print and the estimated cost and
expense of such lake or beach improvement or maintenance
activities to be borne by each lot, tract, parcel of land, or other
property, as provided in RCW 36.61.220. Interest and penalty shall be included in and shall be a part of the special
assessment lien. No lien shall extend to public property subjected to special assessments.
The special assessment lien shall be paramount and
superior to any other lien or encumbrance theretofore or
thereafter created except a lien for general taxes. [2008 c 301
§ 22; 1985 c 398 § 23.]
36.61.230
36.61.240 Special assessments—Lien—Validity—
Foreclosure. Special assessments shall be valid and enforceable as such and the lien thereof on the property assessed
shall be valid if the county legislative authority in making the
special assessments acted in good faith and without fraud.
Delinquent special assessments or installments shall be foreclosed in the same manner as special assessments are foreclosed under chapter 36.94 RCW. Public property subject to
special assessments shall not be subject to liens. [1985 c 398
§ 24.]
36.61.240
36.61.250 Special assessments—Legislative authority
may stop. The county legislative authority may stop the
imposition of annual special assessments if, in its opinion, the
public interest will be served by such action. [1985 c 398 §
25.]
36.61.250
[Title 36 RCW—page 145]
36.61.260
Title 36 RCW: Counties
36.61.260 Bonds. (1) Counties may issue lake or beach
management district bonds in accordance with this section.
Lake or beach management district bonds may be issued to
obtain money sufficient to cover that portion of the special
assessments that are not paid within the thirty-day period provided in RCW 36.61.190.
Whenever lake or beach management district bonds are
proposed to be issued, the county legislative authority shall
create a special fund or funds for the lake or beach management district from which all or a portion of the costs of the
lake or beach improvement and maintenance activities shall
be paid. Lake or beach management district bonds shall not
be issued in excess of the costs and expenses of the lake or
beach improvement and maintenance activities and shall not
be issued prior to twenty days after the thirty days allowed for
the payment of special assessments without interest or penalties.
Lake or beach management district bonds shall be exclusively payable from the special fund or funds and from a
guaranty fund that the county may have created out of a portion of proceeds from the sale of the lake or beach management district bonds.
(2) Lake or beach management district bonds shall not
constitute a general indebtedness of the county issuing the
bond nor an obligation, general or special, of the state. The
owner of any lake or beach management district bond shall
not have any claim for the payment thereof against the county
that issues the bonds except for payment from the special
assessments made for the lake or beach improvement or
maintenance activities for which the lake or beach management district bond was issued and from a lake or beach management district guaranty fund that may have been created.
The county shall not be liable to the owner of any lake or
beach management district bond for any loss to the lake or
beach management district guaranty fund occurring in the
lawful operation of the fund. The owner of a lake or beach
management district bond shall not have any claim against
the state arising from the lake or beach management district
bond, special assessments, or guaranty fund. Tax revenues
shall not be used to secure or guarantee the payment of the
principal of or interest on lake or beach management district
bonds.
The substance of the limitations included in this subsection shall be plainly printed, written, engraved, or reproduced
on: (a) Each lake or beach management district bond that is
a physical instrument; (b) the official notice of sale; and (c)
each official statement associated with the lake or beach management district bonds.
(3) If the county fails to make any principal or interest
payments on any lake or beach management district bond or
to promptly collect any special assessment securing the
bonds when due, the owner of the lake or beach management
district bond may obtain a writ of mandamus from any court
of competent jurisdiction requiring the county to collect the
special assessments, foreclose on the related lien, and make
payments out of the special fund or guaranty fund if one
exists. Any number of owners of lake or beach management
districts may join as plaintiffs.
(4) A county may create a lake or beach management
district bond guaranty fund for each issue of lake or beach
management district bonds. The guaranty fund shall only
36.61.260
[Title 36 RCW—page 146]
exist for the life of the lake or beach management district
bonds with which it is associated. A portion of the bond proceeds may be placed into a guaranty fund. Unused moneys
remaining in the guaranty fund during the last two years of
the installments shall be used to proportionally reduce the
required level of installments and shall be transferred into the
special fund into which installment payments are placed.
(5) Lake or beach management district bonds shall be
issued and sold in accordance with chapter 39.46 RCW. The
authority to create a special fund or funds shall include the
authority to create accounts within a fund. [2008 c 301 § 23;
2000 c 184 § 6; 1985 c 398 § 26.]
Effective date—2000 c 184: See note following RCW 39.96.010.
36.61.270 Imposition of rates and charges. Whenever
rates and charges are to be imposed in a lake or beach management district, the county legislative authority shall prepare a roll of rates and charges that includes those matters
required to be included in a special assessment roll and shall
hold a public hearing on the proposed roll of rates and
charges as provided under RCW 36.61.120 through
36.61.150 for a special assessment roll. The county legislative authority shall have full jurisdiction and authority to fix,
alter, regulate, and control the rates and charges imposed by
a lake or beach management district and may classify the
rates or charges by any reasonable factor or factors, including
benefit, use, front footage, acreage, the extent of improvements on the property, the type of improvements on the property, uses to which the property is put, service to be provided,
and any other reasonable factor or factors. The flexibility to
establish rates and charges includes the authority to reduce
rates and charges on property owned by low-income persons.
Except as provided in this section, the collection of rates
and charges, lien status of unpaid rates and charges, and
method of foreclosing on such liens shall be subject to the
provisions of chapter 36.94 RCW. Public property, including
state property, shall be subject to the rates and charges to the
same extent that private property is subject to them, except
that liens may not be foreclosed on the public property, and
the procedure for imposing such rates and charges on state
property shall conform with the procedure provided for in
chapter 79.44 RCW concerning the imposition of special
assessments upon state property. The total amount of rates
and charges cannot exceed the cost of lake or beach improvement or maintenance activities proposed to be financed by
such rates and charges, as specified in the resolution of intention. Revenue bonds exclusively payable from the rates and
charges may be issued by the county under chapter 39.46
RCW. [2008 c 301 § 24; 1987 c 432 § 11.]
36.61.270
36.61.280 Beach management districts—Purpose—
Plan. (1) Beach management districts may be created for the
purpose of controlling and removing aquatic plants or vegetation. These districts must develop a plan for these activities, in consultation with appropriate federal, state, and local
agencies. The plan must include an element addressing nutrient loading from land use activities in a subbasin that is a tributary to the area targeted for management. The plan must be
consistent with the action agenda approved by the Puget
Sound partnership, where applicable.
36.61.280
(2008 Ed.)
Hospitals
(2) Plans for the control and removal of aquatic plants or
vegetation must, to the greatest extent possible, meet the following requirements:
(a) Avoid or minimize the excess removal of living and
nonliving nontarget native vegetation and organisms;
(b) Avoid or minimize management activities that will
result in compacting beach sand, gravel, and substrate;
(c) Minimize adverse impacts to: (i) The project site
when disposing of excessive accumulations of vegetation;
and (ii) other areas of the beach or deep water environment;
and
(d) Retain all natural habitat features on the beach,
including retaining trees, stumps, logs, and large rocks in
their natural location.
(3) Seaweed removal under this section may only occur
on the shore of a saltwater body that lies between the extreme
low tide and the ordinary high water mark, as those terms are
defined in RCW 90.58.030.
(4) The control or removal of native aquatic plants or
vegetation shall be authorized in the following areas:
(a) Beaches or near shore areas located within at least
one mile of a ferry terminal that are in a county with a population of one million or more residents; and
(b) Beaches or near shore areas in a city that meets the
following:
(i) Is adjacent to Puget Sound;
(ii) Has at least eighty-five thousand residents;
(iii) Shares a common boundary with a neighboring
county; and
(iv) Is in a county with a population of one million or
more residents. [2008 c 301 § 2.]
Chapter 36.62
Chapter 36.62 RCW
HOSPITALS
Sections
36.62.010
36.62.030
36.62.040
36.62.050
36.62.060
36.62.070
36.62.090
36.62.100
36.62.110
36.62.120
36.62.130
36.62.140
36.62.150
36.62.160
36.62.170
36.62.180
36.62.190
36.62.200
36.62.210
36.62.230
36.62.252
36.62.270
36.62.290
36.62.300
Sexually transmitted diseases, control and treatment of: Chapter 70.24
RCW.
Utilization of, for state medical care: Chapter 74.09 RCW.
36.62.010 Authority to establish. The legislative
authority of any county may establish, provide, and maintain
hospitals for the care and treatment of the indigent, sick,
injured, or infirm, and for this purpose the county legislative
authority may:
(1) Purchase or lease real property or use lands already
owned by the county;
(2) Erect all necessary buildings, make all necessary
improvements and repairs and alter any existing building for
the use of said hospitals;
(3) Use county moneys, levy taxes, and issue bonds as
authorized by law, to raise a sufficient amount of money to
cover the cost of procuring the site, constructing and operating hospitals, and for the maintenance thereof and all other
necessary and proper expenses; and
(4) Accept and hold in trust for the county any grant of
land, gift or bequest of money, or any donation for the benefit
of the purposes of this chapter, and apply the same in accordance with the terms of the gift. [1984 c 26 § 1; 1963 c 4 §
36.62.010. Prior: 1947 c 228 § 1, part; 1925 ex.s. c 174 § 1,
part; Rem. Supp. 1947 § 6090-1, part.]
36.62.010
36.62.030 Hospital may be jointly owned and operated. Any number of counties or any county and any city in
which the county seat of the county is situated may contract
one with the other for the joint purchase, acquisition, ownership, control, and disposition of land and other property suitable as a site for a county hospital. [1963 c 4 § 36.62.030.
Prior: 1947 c 228 § 1, part; 1925 ex.s. c 174 § 1, part; Rem.
Supp. 1947 § 6090-1, part.]
36.62.030
36.62.040 Contract for joint hospital. All contracts
made in pursuance hereof shall be for such period of time and
upon such terms and conditions as shall be agreed upon. The
contract shall fully set forth the amount of money to be contributed by the county and city towards the acquisition of
such site and the improvement thereof and the manner in
which the property shall be improved and the character of the
building or buildings to be erected thereon. It may provide for
the amount of money to be contributed annually by the
county and city for the upkeep and maintenance of the property and the building or buildings thereon, or it may provide
for the relative proportion of such expense, which the county
and city shall annually pay. The contract may specify the
parts of such building or buildings which shall be set apart for
the exclusive use and occupation of the county and city. The
money to be contributed by the county or city may be raised
by a sale of bonds of such county or city or by general taxation. Any such county or city now possessing funds or having
funds available for a county or city hospital from a sale of
bonds or otherwise may contract for the expenditure of such
funds, as herein provided. Such contract shall be made only
after a proper resolution or ordinance of the county legislative authority and ordinance of the city have been passed specifically authorizing it. The contract when made shall be
binding upon the county and city during its existence or until
it is modified or abrogated by mutual consent evidenced by
36.62.040
Authority to establish.
Hospital may be jointly owned and operated.
Contract for joint hospital.
Petition to establish—Beds limited.
Bond election.
Issuance of bonds—Terms.
Tax levy for maintenance.
Admission of patients—Liability for support.
Board of trustees—Membership.
Board of trustees—Initial appointment—Terms of office.
Board of trustees—Additional trustees for joint hospital.
Board of trustees—Qualifications of trustees.
Board of trustees—Removal of trustee—Procedure.
Board of trustees—Vacancies.
Board of trustees—Quorum.
Board of trustees—Powers and duties.
Board of trustees—Authority to accept gifts and bequests.
Board of trustees—Trustees not compensated—Contract interest barred—Reimbursement for travel expenses.
Superintendent—Appointment—Salary.
Superintendent—Duties.
County hospital fund—Established—Purpose—Monthly
report.
Supplementary budget.
Contracts between board of regents of state universities and
hospital board of trustees for medical services and teaching
and research activities.
Work ordered and materials purchased.
Combined city and county health department: Chapter 70.08 RCW.
County and city tuberculosis hospitals: Chapter 70.30 RCW.
County health boards and officers: Chapter 70.05 RCW.
Public hospital districts, county participation: Chapter 70.44 RCW.
(2008 Ed.)
36.62.040
[Title 36 RCW—page 147]
36.62.050
Title 36 RCW: Counties
appropriate legislation. A site with or without buildings may
be contributed in lieu of money at a valuation to be agreed
upon. [1984 c 26 § 2; 1963 c 4 § 36.62.040. Prior: (i) 1925
ex.s. c 174 § 2; RRS § 6090-2. (ii) 1947 c 228 § 1, part; 1925
ex.s. c 174 § 1, part; Rem. Supp. 1947 § 6090-1, part.]
ment for the costs of the care from the person, from the person’s estate, or from any persons or organizations legally liable for the person’s support. [1984 c 26 § 7; 1963 c 4 §
36.62.100. Prior: 1945 c 62 § 1; 1925 ex.s. c 174 § 8; Rem.
Supp. 1945 § 6090-8.]
36.62.050 Petition to establish—Beds limited. When
it is proposed to establish such hospital, a petition shall be
presented to the county legislative authority, signed by three
hundred or more resident taxpayers of the county, requesting
the county legislative authority to submit to the electors the
proposition to issue bonds for the purpose of procuring a site,
and erecting, equipping, and maintaining such hospital, and
specifying the amount of bonds proposed to be issued for that
purpose and the number of hospital beds. [1984 c 26 § 3;
1963 c 4 § 36.62.050. Prior: 1925 ex.s. c 174 § 3; RRS §
6090-3.]
36.62.110 Board of trustees—Membership. Whenever any county, or any county and city jointly, or two or
more counties jointly, establish a hospital for the care and
treatment of the indigent, sick, injured, or infirm, under the
provisions of this chapter, and such hospital is completed and
ready for operation, the county legislative authority of the
county in which the institution is located shall appoint thirteen persons as trustees for the institution. The thirteen trustees, together with the additional trustees required by RCW
36.62.130, if any, shall constitute a board of trustees for such
hospital. [1984 c 26 § 8; 1967 ex.s. c 36 § 2; 1963 c 4 §
36.62.110. Prior: 1931 c 139 § 1, part; RRS § 6090-9, part.]
36.62.060 Bond election. Upon presentation of the
petition, the county legislative authority may submit to the
voters of the county at the next general election the question
of issuing bonds and levying a tax for such hospital. [1984 c
26 § 4; 1963 c 4 § 36.62.060. Prior: 1925 ex.s. c 174 § 4;
RRS § 6090-4.]
Effective date—1967 ex.s. c 36: See note following RCW 36.62.290.
36.62.050
36.62.110
36.62.060
36.62.070 Issuance of bonds—Terms. The bonds
issued for such hospital shall not have maturities in excess of
twenty years. Such bonds shall be issued and sold in accordance with chapter 39.46 RCW. [1984 c 186 § 26; 1984 c 26
§ 5; 1983 c 167 § 72; 1970 ex.s. c 56 § 49; 1969 ex.s. c 232 §
26; 1963 c 4 § 36.62.070. Prior: 1925 ex.s. c 174 § 5; RRS §
6090-5.]
36.62.070
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
36.62.090 Tax levy for maintenance. If the hospital is
established, the county legislative authority, at the time of
levying general taxes, may levy a tax, not to exceed fifty
cents per thousand dollars of assessed value in any one year,
for the maintenance of the hospital. [1984 c 26 § 6; 1973 1st
ex.s. c 195 § 37; 1963 c 4 § 36.62.090. Prior: 1925 ex.s. c 174
§ 6; RRS § 6090-6.]
36.62.090
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
36.62.100 Admission of patients—Liability for support. Patients shall be admitted to such hospitals in accordance with policies to be proposed by the board of trustees
and approved by the county legislative authority. The policies
shall provide, within the resources available to the hospital,
that admission of patients shall not be dependent upon their
ability to pay. Whenever a patient has been admitted to the
hospital and in accordance with rules established by the
board of trustees, the hospital may determine the person’s
ability to pay for the care provided by the hospital, render
billings for the care, and take necessary steps to obtain pay36.62.100
[Title 36 RCW—page 148]
36.62.120 Board of trustees—Initial appointment—
Terms of office. The first members of the board of trustees
of such institution shall be appointed by the county legislative authority within thirty days after the institution has been
completed and is ready for operation. The county legislative
authority appointing the initial members shall appoint three
members for one-year terms, three members for two-year
terms, three members for three-year terms, and four members
for four-year terms, and until their successors are appointed
and qualified, and thereafter their successors shall be
appointed for terms of four years and until their successors
are appointed and qualified: PROVIDED, That the continuation of a member past the expiration date of the term shall
not change the commencement date of the term of the succeeding member. Each term of the initial trustees shall be
deemed to commence on the first day of August following the
appointment but shall also include the period intervening
between the appointment and the first day of August following the appointment.
For an institution which is already in existence on June 7,
1984, the county legislative authority shall appoint within
thirty days of June 7, 1984, three additional members for oneyear terms, two additional members for two-year terms, and
two additional members for three-year terms, and until their
successors are appointed and qualified, and thereafter their
successors shall be appointed for terms of four years and until
their successors are appointed and qualified: PROVIDED
FURTHER, That the continuation of an additional member
past the expiration date of the term shall not change the commencement date of the term of the succeeding member. Each
term of the initial additional members shall be deemed to
commence on the first day of August of the year of appointment but shall also include the period intervening between
the appointment and the first day of August of the year of the
appointment.
Upon expiration of the terms of current members, the
successors to current members shall be appointed for fouryear terms and until their successors are appointed and qualified: AND PROVIDED FURTHER, That the continuation of
a successor to a current member past the expiration date of
36.62.120
(2008 Ed.)
Hospitals
the term shall not change the commencement date of the term
of the succeeding member. Each term of the initial successors
to current members shall be deemed to commence on the first
day of August following the expiration of a current term but
shall also include the period intervening between the appointment and the first day of August of the year of the appointment. [1984 c 26 § 9; 1963 c 4 § 36.62.120. Prior: (i) 1931 c
139 § 1, part; RRS § 6090-9, part. (ii) 1931 c 139 § 4, part;
RRS § 6090-12, part.]
36.62.130 Board of trustees—Additional trustees for
joint hospital. In case two or more counties establish a hospital jointly, the thirteen members of the board of trustees
shall be chosen as provided from the county in which the
institution is located and each county legislative authority of
the other county or counties which contributed to the establishment of the hospital shall appoint two additional members
of the board of trustees. The regular term of each of the two
additional members shall be four years and until their successors are appointed and qualified. Such additional members
shall be residents of the respective counties from which they
are appointed and shall otherwise possess the same qualifications as other trustees. The first term of office of the persons
first appointed as additional members shall be fixed by the
county legislative authority of the county in which said hospital or institution is located, but shall not be for more than
four years. [1984 c 26 § 10; 1963 c 4 § 36.62.130. Prior:
1931 c 139 § 1, part; RRS § 6090-9, part.]
36.62.130
36.62.140 Board of trustees—Qualifications of trustees. No person shall be eligible for appointment as a trustee
who holds or has held during the period of two years immediately prior to appointment any salaried office or position in
any office, department, or branch of the government which
established or maintained the hospital. [1984 c 26 § 11; 1963
c 4 § 36.62.140. Prior: 1931 c 139 § 2; RRS § 6090-10.]
36.62.140
36.62.150 Board of trustees—Removal of trustee—
Procedure. The county legislative authority which
appointed a member of the board of trustees may remove the
member for cause and in the manner provided in this section.
Notice shall be provided by the county appointing authority
to the trustee and the board of trustees generally. The notice
shall set forth reasons which justify removal. The trustee
shall be provided opportunity for a hearing before the county
appointing authority: PROVIDED, That three consecutive
unexcused absences from regular meetings of the board of
trustees shall be deemed cause for removal of a trustee without hearing. Any trustee removed for a cause other than three
consecutive unexcused absences may appeal the removal
within twenty days of the order of removal by seeking a writ
of review before the superior court pursuant to chapter 7.16
RCW. Removal shall disqualify the trustee from subsequent
reappointment. [1984 c 26 § 12; 1963 c 4 § 36.62.150. Prior:
1933 c 174 § 1, part; 1931 c 139 § 3, part; RRS § 6090-11,
part.]
36.62.150
36.62.160 Board of trustees—Vacancies. Any
vacancy in the board of trustees shall be filled by appointment by the county legislative authority making the original
36.62.160
(2008 Ed.)
36.62.200
appointment, and such appointee shall hold office for the
remainder of the term of the trustee replaced. [1984 c 26 §
13; 1963 c 4 § 36.62.160. Prior: 1933 c 174 § 1, part; 1931 c
139 § 3, part; RRS § 6090-11, part.]
36.62.170 Board of trustees—Quorum. A majority of
the trustees shall constitute a quorum for the transaction of
business. [1984 c 26 § 14; 1963 c 4 § 36.62.170. Prior: 1931
c 139 § 4, part; RRS § 6090-12, part.]
36.62.170
36.62.180 Board of trustees—Powers and duties. The
board of trustees shall:
(1) Have general supervision and care of such hospitals
and institutions and the buildings and grounds thereof and
power to do everything necessary to the proper maintenance
and operation thereof within the limits of approved budgets
and the appropriations authorized;
(2) Elect from among its members a president and vice
president;
(3) Adopt bylaws and rules for its own guidance and for
the government of the hospital;
(4) Prepare annually a budget covering both hospital
operations and capital projects, in accordance with the provisions of applicable law, and file such budgets with the county
treasurer or if the hospital has been established by more than
one county, with the county treasurer of each county, and if a
city has contributed to the establishment of the hospital, with
the official of the city charged by law with the preparation of
the city budget; and
(5) File with the legislative authority of each county and
city contributing to the establishment of such hospital, at a
time to be determined by the county legislative authority of
the county in which the hospital is located, a report covering
the proceedings of the board with reference to the hospital
during the preceding twelve months and an annual financial
report and statement. [1984 c 26 § 15; 1963 c 4 § 36.62.180.
Prior: 1945 c 118 § 1, part; 1931 c 139 § 7, part; Rem. Supp.
1945 § 6090-15, part.]
36.62.180
36.62.190 Board of trustees—Authority to accept
gifts and bequests. The board of trustees may accept property by gift, devise, bequest, or otherwise for the use of such
institution, except that acceptance of any interest in real property shall be by prior authorization by the county. [1984 c 26
§ 16; 1963 c 4 § 36.62.190. Prior: (i) 1945 c 118 § 1, part;
1931 c 139 § 7, part; Rem. Supp. 1945 § 6090-15, part. (ii)
1931 c 139 § 8; RRS § 6090-16.]
36.62.190
36.62.200 Board of trustees—Trustees not compensated—Contract interest barred—Reimbursement for
travel expenses. No trustee shall receive any compensation
or emolument whatever for services as trustee; nor shall any
trustee have or acquire any personal interest in any lease or
contract whatsoever, made by the county or board of trustees
with respect to such hospital or institution: PROVIDED,
That each member of a board of trustees of a county hospital
may be reimbursed for travel expenses in accordance with
RCW 43.03.050 and 43.03.060 as now existing or hereafter
amended: PROVIDED FURTHER, That, in addition, trustees of a county hospital shall be reimbursed for travel
36.62.200
[Title 36 RCW—page 149]
36.62.210
Title 36 RCW: Counties
expenses for traveling from their home to a trustee meeting at
a rate provided for in RCW 43.03.060 as now existing or
hereafter amended. [1984 c 26 § 17; 1979 ex.s. c 17 § 1; 1963
c 4 § 36.62.200. Prior: 1931 c 139 § 5; RRS § 6090-13.]
36.62.210 Superintendent—Appointment—Salary.
The board of trustees shall appoint a superintendent who
shall be appointed for an indefinite time and be removable at
the will of the board of trustees. Appointments and removals
shall be by resolution, introduced at a regular meeting and
adopted at a subsequent regular meeting by a majority vote.
The superintendent shall receive such salary as the board of
trustees shall fix by resolution. [1984 c 26 § 18; 1963 c 4 §
36.62.210. Prior: 1945 c 118 § 1, part; 1931 c 139 § 7, part;
Rem. Supp. 1945 § 6090-15, part.]
36.62.210
36.62.230 Superintendent—Duties. The superintendent shall be the chief executive officer of the hospital or
institution and shall perform all administrative services necessary to the efficient and economical conduct of the hospital
or institution and the admission and proper care of persons
properly entitled to the services thereof as provided by law or
by the rules and regulations of the board of trustees. [1984 c
26 § 19; 1963 c 4 § 36.62.230. Prior: 1931 c 139 § 9; RRS §
6090-17.]
36.62.230
36.62.252 County hospital fund—Established—Purpose—Monthly report. Every county which maintains a
county hospital or infirmary shall establish a "county hospital
fund" into which fund shall be deposited all unrestricted
moneys received from any source for hospital or infirmary
services including money received for services to recipients
of public assistance and other persons without income and
resources sufficient to secure such services. The county may
maintain other funds for restricted moneys. Obligations
incurred by the hospital shall be paid from such funds by the
county treasurer in the same manner as general county obligations are paid. The county treasurer shall furnish to the
county legislative authority a monthly report of receipts and
disbursements in the county hospital funds which report shall
also show the balance of cash on hand. [1984 c 26 § 20; 1971
ex.s. c 277 § 1; 1967 ex.s. c 36 § 3; 1963 c 4 § 36.62.252.
Prior: 1961 c 144 § 1; 1951 c 256 § 1.]
36.62.252
Effective date—1967 ex.s. c 36: See note following RCW 36.62.290.
36.62.270 Supplementary budget. In the event that
additional funds are needed for the operation of a county hospital or infirmary, the county legislative authority shall have
authority to adopt a supplemental budget. Such supplemental
budget shall set forth the amount and sources of funds and the
items of expenditure involved. [1984 c 26 § 21; 1971 ex.s. c
277 § 2; 1963 c 4 § 36.62.270. Prior: 1951 c 256 § 3.]
36.62.270
36.62.290 Contracts between board of regents of
state universities and hospital board of trustees for medical services and teaching and research activities. Whenever any county, or any county and city jointly, or two or
more counties jointly, establish a hospital under the provisions of this chapter, the board of trustees of the hospital is
empowered, with the approval of the county legislative
authority, to enter into a contract with the board of regents of
a state university to provide hospital services, including management under the direction of a hospital administrator for
the hospital, to provide for the rendering of medical services
in connection with the hospital and to provide for the conduct
of teaching and research activities by the university in connection with the hospital. Any such board of regents is
empowered to enter into such a contract, to provide such hospital services, and to provide for the rendition of such medical services and for the carrying on of teaching and research
in connection with such a hospital. If such a contract is
entered into, the provisions of RCW 36.62.210 and 36.62.230
shall not be applicable during the term of the contract and all
of the powers, duties and functions vested in the superintendent in this chapter shall be vested in the board of trustees.
The board of trustees shall provide for such conditions and
controls in the contract as it shall deem to be in the community interest. [1984 c 26 § 22; 1967 ex.s. c 36 § 1.]
Effective date—1967 ex.s. c 36: "This act shall take effect on July 1,
1967." [1967 ex.s. c 36 § 4.]
36.62.300 Work ordered and materials purchased.
All work ordered and materials purchased by a hospital shall
be subject to the requirements established in RCW 70.44.140
for public hospital districts. [1991 c 363 § 76.]
36.62.300
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Sections
36.63.255
Transfer of convicted felon to state institution pending appeal.
City and county jails act—Bond issue: Chapters 70.48 and 70.48A RCW.
Use of strip and body cavity searches in correctional facilities: RCW
10.79.060 through 10.79.110.
36.63.255 Transfer of convicted felon to state institution pending appeal. Any person imprisoned in a county jail
pending the appeal of his conviction of a felony and who has
not obtained bail bond pending his appeal shall be transferred
after thirty days but within forty days from the date judgment
was entered against him to a state institution for felons designated by the secretary of corrections: PROVIDED, That
when good cause is shown, a superior court judge may order
the prisoner detained in the county jail beyond said forty days
for an additional period not to exceed ten days. [1981 c 136
§ 60; 1969 ex.s. c 4 § 2; 1969 c 103 § 2.]
36.63.255
Effective date—1981 c 136: See RCW 72.09.900.
Chapter 36.64
36.62.290
[Title 36 RCW—page 150]
Chapter 36.63 RCW
JAILS
Chapter 36.63
Chapter 36.64 RCW
JOINT GOVERNMENTAL ACTIVITIES
Sections
36.64.010
36.64.020
36.64.030
36.64.040
36.64.050
36.64.060
Joint courthouse and city hall.
Joint courthouse and city hall—Terms of contract.
Joint courthouse and city hall—Approval of contract.
Joint courthouse and city hall—Funds, how provided.
Joint armory sites.
Joint canal construction.
(2008 Ed.)
Joint Governmental Activities
36.64.070
36.64.080
36.64.090
36.64.100
36.64.110
Counties with populations of two hundred ten thousand or
more—Contracts with cities concerning buildings and
related improvements.
Conferences to study regional and governmental problems—
Counties and cities may establish—Subjects—Recommendations.
Conferences to study regional and governmental problems—
Articles—Officers—Agents and employees.
Conferences to study regional and governmental problems—
Contracts with other governmental agencies—Grants and
gifts—Consultants.
Conferences to study regional and governmental problems—
Public purpose—Contributions to support by municipal corporations.
36.64.020
Municipal airports: Chapters 14.07 and 14.08 RCW.
Operating agencies (electricity, water resources): Chapter 43.52 RCW.
Pesticide application, agreements authorized: RCW 17.21.300.
Port districts
contracts with: RCW 53.08.240.
ownership of improvements by with county: RCW 53.20.030.
Public assistance, joint county administration: RCW 74.04.180.
Public health pooling fund: RCW 70.12.030 through 70.12.070.
Reclamation districts of one million acres: Chapter 89.30 RCW.
Regional libraries: Chapter 27.12 RCW.
Care, support, and relief of needy persons: RCW 74.04.040.
Cemetery facilities as: RCW 68.52.192, 68.52.193.
Regional planning commission: RCW 35.63.070.
River and harbor improvements by counties jointly: RCW 88.32.180
through 88.32.220.
Cities and towns
agreements with county for planning, establishing, construction, and
maintenance of streets: Chapter 35.77 RCW.
city may contribute to support of county in which city owned utility plant
located: RCW 35.21.420.
community renewal: RCW 35.21.660, 35.81.130.
Combined city-county health departments: Chapter 70.08 RCW.
County and city tuberculosis hospitals: Chapter 70.30 RCW.
County public works project, department of transportation cooperation:
RCW 47.08.070.
County roads: RCW 47.04.080.
County superintendent of schools, consolidation of office into joint county
district: Chapter 28A.310 RCW.
Diking and drainage, intercounty districts: Chapter 85.24 RCW.
Elevators, escalators, like conveyances, municipal governing over: RCW
70.87.050.
Executory conditional sales contracts for purchase of property for park and
library purposes: RCW 39.30.010.
Fire protection districts, county contracts with: RCW 52.12.031.
Flood control
by counties jointly: Chapter 86.13 RCW.
county participation with flood control district: RCW 86.24.040.
county participation with state and federal governments: Chapter 86.24
RCW.
districts (1937 act): Chapter 86.09 RCW.
maintenance, county participation with state: Chapter 86.26 RCW.
Franchises across joint bridges: RCW 47.56.256.
Health districts as: Chapter 70.46 RCW.
Highways, construction, benefit of, cooperative agreements, prevention or
minimization of flood damages: RCW 47.28.140.
Housing authorities, cooperation between: RCW 35.82.100.
Housing cooperation law: Chapter 35.83 RCW.
Intercounty rural library districts: Chapter 27.12 RCW.
Intercounty weed districts: Chapter 17.06 RCW.
Intergovernmental disposition of property: RCW 39.33.010.
Roads and bridges, limited access facilities: Chapter 47.52 RCW.
Soil and water conservation districts, county cooperation with: RCW
89.08.341.
Taxes, property
collection of: Chapter 84.56 RCW.
revaluation program: Chapter 84.41 RCW.
Toll bridges
state boundary, county participation: RCW 47.56.042.
tunnels and ferries: Chapter 47.56 RCW.
Traffic schools: Chapter 46.83 RCW.
Transfer of real property or contract for use for park and recreational purposes: RCW 39.33.060.
Washington clean air act: Chapter 70.94 RCW.
World fair or exposition participation: Chapter 35.60 RCW.
36.64.010 Joint courthouse and city hall. If the county
seat of a county is in an incorporated city, the county and city
may contract, one with the other, for the joint purchase,
acquisition, leasing, ownership, control, and disposition of
land and other property suitable as a site for a county courthouse and city hall and for the joint construction, ownership,
control, and disposition of a building or buildings thereon for
the use by such county and city as a county courthouse and
city hall. Any county or city owning a site or any interest
therein, or a site with buildings thereon, may, upon such
terms as appear fair and just to the board of county commissioners of such county and to the legislative body of such
city, contract with reference to the joint ownership, acquisition, leasing, control, improvement, and occupation of such
property. [1963 c 4 § 36.64.010. Prior: 1913 c 90 § 1; RRS
§ 3992.]
36.64.010
36.64.020 Joint courthouse and city hall—Terms of
contract. A contract made in pursuance of RCW 36.64.010
shall fully set forth the amount of money to be contributed by
each towards acquisition of the site and the improvement
thereof and the manner in which such property shall be
improved and the character of the building or buildings to be
erected thereon. The contract may provide for the amount of
money to be contributed annually by each for the upkeep and
maintenance of the property and the building or buildings
thereon, or it may provide for the relative proportion of such
expense which such county and city shall annually pay. The
contract shall specify the parts of such building or buildings
which shall be set apart for the exclusive use and occupation
of each. [1963 c 4 § 36.64.020. Prior: 1913 c 90 § 2; RRS §
3993.]
36.64.020
Interlocal cooperation act: Chapter 39.34 RCW.
Joint aid river and harbor improvements: RCW 88.32.230, 88.32.235.
Joint county teachers’ institutes: Chapter 28A.415 RCW.
Joint hospitals: RCW 36.62.030.
Joint operations by political subdivisions, deposit and control of funds:
RCW 43.09.285.
Joint planning for improvement of navigable stream: RCW 88.32.240,
88.32.250.
Limited access facilities, cooperative agreements: RCW 47.52.090.
Metropolitan municipal corporations: Chapter 35.58 RCW.
Mosquito control
districts: Chapter 17.28 RCW.
generally: Chapter 70.22 RCW.
Motor vehicles, removal of when disabled and impounding: RCW
46.55.113.
(2008 Ed.)
[Title 36 RCW—page 151]
36.64.030
Title 36 RCW: Counties
36.64.030 Joint courthouse and city hall—Approval
of contract. The contract between a county and a city shall
be made only after a proper resolution of the board of county
commissioners of the county and a proper ordinance of the
city have been passed specifically authorizing it. The contract
shall be binding upon the county and the city during the term
thereof, or until it is modified or abrogated by mutual consent
evidenced by a proper resolution and ordinance of the county
and city. [1963 c 4 § 36.64.030. Prior: 1913 c 90 § 4; RRS §
3995.]
36.64.030
36.64.040 Joint courthouse and city hall—Funds,
how provided. The money to be contributed by a county or
a city or both may be raised by a sale of its bonds, or by general taxation. Any county or city possessing funds or having
funds available for a county courthouse or city hall from the
sale of bonds or otherwise, may contract for the expenditure
of such funds. [1963 c 4 § 36.64.040. Prior: 1913 c 90 § 3;
RRS § 3994.]
36.64.040
36.64.050 Joint armory sites. Any city or county in the
state may expend money from its current expense funds in
payment in whole or in part for an armory site whenever the
legislature has authorized the construction of an armory
within such city or county. [1963 c 4 § 36.64.050. Prior:
1913 c 91 § 1; RRS § 3996.]
36.64.050
36.64.060 Joint canal construction. Whenever the
county legislative authority of a county with a population of
one hundred twenty-five thousand or more deems it for the
interest of the county to construct or to aid the United States
in constructing a canal to connect any bodies of water within
the county, such county may construct such canal or aid the
United States in constructing it and incur indebtedness for
such purpose to an amount not exceeding five hundred thousand dollars and issue its negotiable bonds therefor in the
manner and form provided in RCW 36.67.010. Such construction or aid in construction is a county purpose. [1991 c
363 § 77; 1985 c 7 § 105; 1983 c 3 § 78; 1963 c 4 § 36.64.060.
Prior: (i) 1907 c 158 § 1; RRS § 9664. (ii) 1907 c 158 § 2;
RRS § 9665.]
thereon, may be sold, exchanged or leased, as the interests of
said county, city or cities may from time to time require.
[1991 c 363 § 78; 1965 c 24 § 1.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.64.080
36.64.080 Conferences to study regional and governmental problems—Counties and cities may establish—
Subjects—Recommendations. The boards of county commissioners of any county and any counties contiguous thereto
and the governing body of any cities and/or towns within said
counties may establish and organize a regional agency hereinafter referred to as a conference, for the purpose of studying
regional and governmental problems of mutual interest and
concern, including but not limited to, facility studies on highways, transit, airports, ports or harbor development, water
supply and distribution, codes and ordinances, governmental
finances, flood control, air and water pollution, recommendations of sites for schools and educational institutions, hospitals and health facilities, parks and recreation, public buildings, land use and drainage; and to formulate recommendations for review and action by the member counties and/or
cities legislative body. [1965 ex.s. c 84 § 1.]
Youth agencies, joint establishment: RCW 35.21.630.
36.64.060
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.64.070 Counties with populations of two hundred
ten thousand or more—Contracts with cities concerning
buildings and related improvements. Any county with a
population of two hundred ten thousand or more may contract with any city or cities within such county for the financing, erection, ownership, use, lease, operation, control or
maintenance of any building or buildings, including open
spaces, off-street parking facilities for the use of county and
city employees and persons doing business with such county
or city, plazas and other improvements incident thereto, for
county or city, or combined county-city, or other public use.
Property for such buildings and related improvements may be
acquired by either such county or city or by both by lease,
purchase, donation, exchange, and/or gift or by eminent
domain in the manner provided by law for the exercise of
such power by counties and cities respectively and any property acquired hereunder, together with the improvements
36.64.070
[Title 36 RCW—page 152]
36.64.090
36.64.090 Conferences to study regional and governmental problems—Articles—Officers—Agents and
employees. The governing bodies of the counties and cities
so associated in a conference shall adopt articles of association and bylaws, select a chairman and such other officers as
they may determine, and may employ and discharge such
agents and employees as the officers deem convenient to
carry out the purposes of the conference. [1965 ex.s. c 84 §
2.]
36.64.100
36.64.100 Conferences to study regional and governmental problems—Contracts with other governmental
agencies—Grants and gifts—Consultants. The conference
is authorized to contract generally and to enter into any contract with the federal government, the state, any municipal
corporation and/or other governmental agency for the purpose of conducting the study of regional problems of mutual
concern, and shall have the power to receive grants and gifts
in furtherance of the program. The conference may retain
consultants if deemed advisable. [1965 ex.s. c 84 § 3.]
36.64.110
36.64.110 Conferences to study regional and governmental problems—Public purpose—Contributions to
support by municipal corporations. The formation of the
conference is hereby declared to be a public purpose, and any
municipal corporation may contribute to the expenses of such
conference pursuant to the budgetary laws of the municipal
corporations and such bylaws as may be adopted by the conference: PROVIDED, That services and facilities may be
provided by a municipal corporation in lieu of assessment.
[1965 ex.s. c 84 § 4.]
(2008 Ed.)
Limitation of Indebtedness—County Bonds
Chapter 36.65
Chapter 36.65 RCW
Chapter 36.67
COMBINED CITY AND COUNTY
MUNICIPAL CORPORATIONS
36.65.030
36.65.040
36.65.050
36.65.060
Intent.
School districts to be retained as separate political subdivisions.
Tax on net income prohibited.
Method of allocating state revenues.
Fire protection or law enforcement units—Binding arbitration
in collective bargaining.
Public employee retirement or disability benefits not affected.
36.65.010 Intent. It is the intent of the legislature in
enacting this chapter to provide for the implementation and
clarification of Article XI, section 16 of the state Constitution, which authorizes the formation of combined city and
county municipal corporations.
"City-county," as used in this chapter, means a combined
city and county municipal corporation under Article XI, section 16 of the state Constitution. [1984 c 91 § 1.]
36.67.010
36.67.060
36.67.070
Authority to contract indebtedness—Limitations.
Bond retirement.
Payment of interest.
36.67.500
36.67.510
36.67.520
36.67.530
36.67.540
"This chapter" means RCW 36.67.510 through 36.67.570.
Revenue bonds authorized.
When issued—Amounts—Purposes—Costs and expenses.
Form—Terms—Interest—Execution and signatures.
Special funds, creation and use—Use of tax revenue prohibited—Bonds are negotiable instruments—Statement on
face—Remedy for failure to set aside revenue.
Covenants—Law and resolutions constitute contract with
holders—Remedies.
Funding and refunding.
Liberal construction—Effect of other acts.
REVENUE BONDS
36.65.010
36.65.020 School districts to be retained as separate
political subdivisions. Recognizing the paramount duty of
the state to provide for the common schools under Article IX,
sections 1 and 2 of the state Constitution, school districts
shall be retained as separate political subdivisions within the
city-county. [1984 c 91 § 2.]
36.65.020
36.65.030 Tax on net income prohibited. A county,
city, or city-county shall not levy a tax on net income. [1984
c 91 § 3.]
36.65.030
36.65.040 Method of allocating state revenues. The
method of allocating state revenues shall not be modified for
a period of one year from the date the initial officers of the
city-county assume office. During the one-year period, state
revenue shares shall be calculated as if the preexisting
county, cities, and special purpose districts had continued as
separate entities. However, distributions of the revenue to the
consolidated entities shall be made to the city-county. [1984
c 91 § 4.]
36.65.040
36.65.050 Fire protection or law enforcement units—
Binding arbitration in collective bargaining. If the citycounty government includes a fire protection or law enforcement unit that was, prior to the formation of the city-county,
governed by a state statute providing for binding arbitration
in collective bargaining, then the entire fire protection or law
enforcement unit of the city-county shall be governed by that
statute. [1984 c 91 § 5.]
36.65.050
36.65.060 Public employee retirement or disability
benefits not affected. The formation of a city-county shall
not have the effect of reducing, restricting, or limiting retirement or disability benefits of any person employed by or
retired from a municipal corporation, or who had a vested
right in any state or local retirement system, prior to the formation of the city-county. [1984 c 91 § 6.]
36.65.060
(2008 Ed.)
Chapter 36.67 RCW
LIMITATION OF INDEBTEDNESS—
COUNTY BONDS
Sections
Sections
36.65.010
36.65.020
36.67.070
36.67.550
36.67.560
36.67.570
Airport purposes, bonds for: Chapter 14.08 RCW.
Alternative authority to issue revenue bonds: RCW 39.46.150, 39.46.160.
Bond elections, vote required: Chapter 39.40 RCW.
Bonds
as security for city depositary: RCW 35.38.040.
form, sale, terms of sale, payment, etc.: Chapter 39.44 RCW.
sale to federal government at private sale: Chapter 39.48 RCW.
Funding indebtedness in counties: Chapter 39.52 RCW.
Funds for reserve purposes may be included in issue amount: RCW
39.44.140.
Housing authority act, bonds issued under: Chapter 35.82 RCW.
Industrial development revenue bonds: Chapter 39.84 RCW.
Juvenile detention facilities, bonds for: Chapter 13.16 RCW.
Limitation of indebtedness of taxing districts (counties): Chapter 39.36
RCW.
Public obligations as insurance investment: RCW 48.13.040.
State funds, investment in county bonds authorized: RCW 43.84.080.
Validation of bonds and financing proceedings: Chapter 39.90 RCW.
36.67.010 Authority to contract indebtedness—Limitations. A county may contract indebtedness for general
county purposes subject to the limitations on indebtedness
provided for in RCW 39.36.020(2). Bonds evidencing such
indebtedness shall be issued and sold in accordance with
chapter 39.46 RCW. [1984 c 186 § 27; 1971 c 76 § 1; 1970
ex.s. c 42 § 17; 1963 c 4 § 36.67.010. Prior: 1890 p 37 § 1;
RRS § 5575.]
36.67.010
Purpose—1984 c 186: See note following RCW 39.46.110.
Validation requirement: RCW 39.40.010.
36.67.060 Bond retirement. Bonds issued under this
chapter shall be retired by an annual tax levy and by any other
moneys lawfully available and pledged therefor. [1984 c 186
§ 28; 1983 c 167 § 77; 1975 1st ex.s. c 188 § 1; 1963 c 4 §
36.67.060. Prior: (i) 1890 p 39 § 6; RRS § 5580. (ii) 1890 p
39 § 7; RRS § 5581.]
36.67.060
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
36.67.070 Payment of interest. Any coupons for the
payment of interest on the bonds shall be considered for all
purposes as warrants drawn upon the current expense fund of
36.67.070
[Title 36 RCW—page 153]
36.67.500
Title 36 RCW: Counties
the county issuing bonds, and if when presented to the treasurer of the county no funds are in the treasury to pay them,
the treasurer shall indorse the coupons as presented for payment, in the same manner as county warrants are indorsed,
and thereafter they shall bear interest at the same rate as
county warrants presented and unpaid. If there are no funds in
the treasury to make payment on a bond not having coupons,
the interest payment shall continue bearing interest at the
bond rate until it is paid, unless otherwise provided in the proceedings authorizing the sale of the bonds. [1983 c 167 § 78;
1963 c 4 § 36.67.070. Prior: 1890 p 39 § 8; RRS § 5582.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
REVENUE BONDS
36.67.500
36.67.500 "This chapter" means RCW 36.67.510
through 36.67.570. As used in RCW 36.67.500 through
36.67.570 "this chapter" means RCW 36.67.510 through
36.67.570. [1965 c 142 § 8.]
36.67.510
36.67.510 Revenue bonds authorized. The county legislative authority of any county is hereby authorized for the
purpose of carrying out the lawful powers granted to the
counties by the laws of the state to contract indebtedness and
to issue revenue bonds evidencing such indebtedness in conformity with this chapter. Such bonds may be issued and sold
in accordance with chapter 39.46 RCW. [1983 c 167 § 79;
1965 c 142 § 1.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.67.530 Form—Terms—Interest—Execution and
signatures. (1) When revenue bonds are issued for authorized purposes, said bonds shall be either registered as to
principal only or as to principal and interest as provided in
RCW 39.46.030, or shall be bearer bonds; shall be in such
denominations, shall be numbered, shall bear such date, shall
be payable at such time or times up to a maximum period of
not to exceed thirty years and payable at the office of the
county treasurer, and such other places as determined by the
county legislative authority of the county; shall bear interest
payable and evidenced to maturity on bonds not registered as
to interest by coupons attached to said bonds bearing a coupon interest rate or rates as authorized by the county legislative authority; shall be executed by the chairman of the
county legislative authority, and attested by the clerk of the
legislative authority, and the seal of such legislative authority
shall be affixed to each bond, but not to any coupon; and may
have facsimile signatures of the chairman and the clerk
imprinted on each bond and any interest coupons in lieu of
original signatures and the facsimile seal imprinted on each
bond.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 80; 1981 c 313 § 13; 1970 ex.s. c
56 § 50; 1969 ex.s. c 232 § 27; 1965 c 142 § 3.]
36.67.530
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—1981 c 313: See note following RCW 36.94.020.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
36.67.540 Special funds, creation and use—Use of tax
revenue prohibited—Bonds are negotiable instruments—
Statement on face—Remedy for failure to set aside revenue. Bonds issued under the provisions of this chapter shall
be payable solely out of the operating revenues of the county.
Such bonds shall be authorized by resolution adopted by the
county legislative authority, which resolution shall create a
special fund or funds into which the county legislative
authority may obligate and bind the county to set aside and
pay any part or parts of, or all of, or a fixed proportion of, or
fixed amounts of gross revenue received by the county from
moneys for services or activities as stated in the resolution,
for the purpose of paying the principal of and interest on such
bonds as the same shall become due, and if deemed necessary
to maintain adequate reserves therefor. Such fund or funds
shall be drawn upon solely for the purpose of paying the principal and interest upon the bonds issued pursuant to this chapter.
The bonds shall be negotiable instruments within the
provision and intent of the negotiable instruments law of this
state, even though they shall be payable solely from such special fund or funds, and the tax revenue of the county may not
be used to pay, secure, or guarantee the payment of the principal of and interest on such bonds. The bonds and any coupons attached thereto shall state upon their face that they are
payable solely from such special fund or funds. If the county
fails to set aside and pay into such fund or funds, the payments provided for in such resolution, the owner of any such
36.67.540
36.67.520
36.67.520 When issued—Amounts—Purposes—
Costs and expenses. All such revenue bonds authorized
under the terms of this chapter may be issued and sold by the
counties from time to time and in such amounts as is deemed
necessary by the legislative authority of each county to provide sufficient funds for the carrying out of all county powers, without limiting the generality thereof, including the following: Acquisition; construction; reconstruction; maintenance; repair; additions; operations of parks and recreations;
flood control facilities; pollution facilities; parking facilities
as a part of a courthouse or combined county-city building
facility; and any other county purpose from which revenues
can be derived. Included in the costs thereof shall be any necessary engineering, inspection, accounting, fiscal, and legal
expenses, the cost of issuance of bonds, including printing,
engraving, and advertising and other similar expenses, payment of interest on such bonds during the construction of
such facilities and a period no greater than one year after such
construction is completed, and the proceeds of such bond
issue are hereby made available for all such purposes. Revenue bonds may also be issued to refund revenue bonds or
general obligation bonds which are issued for any of the purposes specified in this section. [1981 c 313 § 12; 1969 ex.s.
c 8 § 2; 1965 c 142 § 2.]
Severability—1981 c 313: See note following RCW 36.94.020.
Parking facilities as part of courthouse or county-city building: RCW
36.01.080.
[Title 36 RCW—page 154]
(2008 Ed.)
Parks and Recreational Facilities
bonds may bring suit to compel compliance with the provisions of the resolution. [1983 c 167 § 81; 1965 c 142 § 4.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.67.550 Covenants—Law and resolutions constitute contract with holders—Remedies. The board of
county commissioners may provide covenants as it may
deem necessary to secure the payment of the principal of and
interest on such bonds and may, but shall not be required to,
include covenants to create a reserve fund or account and to
authorize the payment or deposit of certain moneys therein
for the purpose of securing the payment of such principal and
interest; to establish, maintain, and collect rates, charges,
fees, rentals, and the like on the facilities and service the
income of which is pledged for the payment of such bonds,
sufficient to pay or secure the payment of such principal and
interest and to maintain an adequate coverage over annual
debt service; and to make any and all other covenants not
inconsistent with the provisions of this chapter which will
increase the marketability of such bonds. The board may also
provide that revenue bonds payable out of the same source or
sources may later be sold on a parity with any revenue bonds
being issued and sold. The provisions of this chapter and any
resolution or resolutions providing for the authorization, issuance, and sale of such bonds shall constitute a contract with
the holder of such bonds, and the provisions thereof shall be
enforceable by any owner or holder of such bonds by mandamus or any appropriate suit, action or proceeding at law or in
equity in any court of competent jurisdiction. [1965 c 142 §
5.]
36.67.550
36.67.560 Funding and refunding. (1) The county legislative authority of any county may by resolution, from time
to time, provide for the issuance of funding or refunding revenue bonds to fund or refund any outstanding revenue bonds
and any interest and premiums due thereon at or before the
maturity of such bonds, and parts or all of various series and
issues of outstanding revenue bonds in the amount thereof to
be funded or refunded. Such bonds may be in any form,
including bearer bonds or registered bonds as provided in
RCW 39.46.030.
The county legislative authority shall create a special
fund for the sole purpose of paying the principal of and interest on such funding or refunding revenue bonds, into which
fund the legislative authority shall obligate and bind the
county to set aside and pay any part or parts of, or all of, or a
fixed proportion of, or a fixed amount of the revenue of the
facility of the county sufficient to pay such principal and
interest as the same shall become due, and if deemed necessary to maintain adequate reserves therefor.
Such funding or refunding bonds shall be negotiable
instruments within the provisions and intent of the negotiable
instruments law of this state, and the tax revenue of the
county may not be used to pay, secure, or guarantee the payment of the principal of and interest on such bonds.
The county may exchange such funding or refunding
bonds for the bonds, and any coupons being funded or
refunded, or it may sell such funding or refunding bonds in
the manner, at such price and at such rate or rates of interest
as the legislative authority shall deem to be for the best inter36.67.560
(2008 Ed.)
Chapter 36.68
est of the county and its inhabitants, either at public or private
sale.
The provisions of this chapter relating to the terms, conditions, covenants, issuance, and sale of revenue bonds shall
be applicable to such funding or refunding bonds except as
may be otherwise specifically provided in this section.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 82; 1970 ex.s. c 56 § 51; 1969
ex.s. c 232 § 28; 1965 c 142 § 6.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
36.67.570 Liberal construction—Effect of other acts.
This chapter shall be complete authority for the issuance of
the revenue bonds hereby authorized, and shall be liberally
construed to accomplish its purposes. Any restrictions, limitations or regulations relative to the issuance of such revenue
bonds contained in any other act shall not apply to the bonds
issued under this chapter. Any act inconsistent herewith shall
be deemed modified to conform with the provisions of this
chapter for the purpose of this chapter only. [1965 c 142 § 7.]
36.67.570
Chapter 36.68 RCW
PARKS AND RECREATIONAL FACILITIES
Chapter 36.68
Sections
36.68.010
36.68.020
36.68.030
36.68.040
36.68.050
36.68.060
36.68.070
36.68.080
36.68.090
36.68.100
36.68.110
Counties may establish park and playground systems—Disposition of surplus park property.
Programs of public recreation.
Park and recreation board—Composition.
Park and recreation board—Terms of members.
Park and recreation board—Removal of members—Vacancies.
Park and recreation board—Powers and duties.
Park and recreation fund.
Penalty for violations of regulations.
Counties authorized to build, improve, operate and maintain,
etc., parks, playgrounds, gymnasiums, swimming pools,
beaches, stadiums, golf courses, etc., and other recreational
facilities—Regulation—Charges for use.
Moorage facilities—Regulations authorized—Port charges,
delinquency—Abandoned vessels, public sale.
Counties authorized to permit public libraries on land used for
park and recreation purposes.
PARK AND RECREATION SERVICE AREAS
36.68.400
36.68.410
36.68.420
36.68.430
36.68.440
36.68.450
36.68.460
36.68.470
36.68.480
36.68.490
36.68.500
36.68.510
36.68.520
36.68.525
36.68.527
36.68.530
Creation authorized—Purposes—Taxing districts—Powers.
May be initiated by resolution or petition.
Resolution or petition—Contents.
Petitions—Verification of signatures.
Feasibility and cost studies—Public hearing—Notice.
Hearing procedure—Inclusion of property—Examination of
reports—Recess.
Findings of county commissioners—Dismissal of proceedings, limitation on subsequent initiation.
Resolution ordering election—Election procedure—Formation.
Property tax levies or bond retirement levies—Election.
Annual excess levy or bond retirement levies—Election procedure—Vote required.
Resolution declaring formation—Treasurer—Disbursement
procedure.
Local service area fund.
Annual excess property tax levy—General obligation bonds.
Six-year regular property tax levies—Limitations—Election.
Community revitalization financing—Public improvements.
Budgets—Appropriations—Accumulation of reserves.
[Title 36 RCW—page 155]
36.68.010
Title 36 RCW: Counties
Employees.
Use and admission fees and charges.
Eminent domain.
Concessions.
Use of funds—Purchases.
Ownership of parks and facilities—Expenditure of funds budgeted for park purposes.
Purpose—Level of services—General park programs.
Use of park and recreation service area funds in exercise of
powers enumerated in chapter 67.20 RCW.
Area which may be included—Inclusion of area within city or
town—Procedure.
Enlargement by inclusion of additional area—Procedure.
36.68.040 Park and recreation board—Terms of
members. For the appointive positions on the county park
and recreation board the initial terms shall be two years for
two positions, four years for two positions, and six years for
the remaining positions plus the period in each instance to the
next following June 30th; thereafter the term for each
appointive position shall be six years and shall end on June
30th. [1969 ex.s. c 176 § 94; 1963 c 4 § 36.68.040. Prior:
1949 c 94 § 4; Rem. Supp. 1949 § 3991-17.]
Acquisition of interests in land for conservation, protection, preservation, or
open space purposes by counties: RCW 64.04.130.
36.68.050 Park and recreation board—Removal of
members—Vacancies. Any appointed county park and recreation board member may be removed by a majority vote of
the board of county commissioners either for cause or upon
the joint written recommendation of five members of the
county park and recreation board. Vacancies on the county
park and recreation board shall be filled by appointment,
made by the board of county commissioners for the unexpired portions of the terms vacated. [1963 c 4 § 36.68.050.
Prior: 1949 c 94 § 5; Rem. Supp. 1949 § 3991-18.]
36.68.541
36.68.550
36.68.555
36.68.560
36.68.570
36.68.580
36.68.590
36.68.600
36.68.610
36.68.620
Contracts with community service organizations for public improvements:
RCW 35.21.278.
Executory conditional sales contracts for purchase of property for park and
library purposes: RCW 39.30.010.
Outdoor recreation land acquisition or improvement under marine recreation land act: Chapter 79A.25 RCW.
Parks, bathing beaches, public camps, county may acquire and operate:
Chapter 67.20 RCW.
RCW 39.33.060 to govern on sales by water-sewer district for park and recreational purposes: RCW 57.08.140.
State parks and recreation commission: Chapter 79A.05 RCW.
Transfer of real property or contract for use for park and recreational purposes: RCW 39.33.060.
36.68.010 Counties may establish park and playground systems—Disposition of surplus park property.
Counties may establish park and playground systems for public recreational purposes and for such purposes shall have the
power to acquire lands, buildings and other facilities by gift,
purchase, lease, devise, bequest and condemnation. A county
may lease or sell any park property, buildings or facilities
surplus to its needs, or no longer suitable for park purposes:
PROVIDED, That such park property shall be subject to the
requirements and provisions of notice, hearing, bid or intergovernmental transfer as provided in chapter 36.34 RCW:
PROVIDED FURTHER, That nothing in this section shall be
construed as authorizing any county to sell any property
which such county acquired by condemnation for park or
playground or other public recreational purposes on or after
January 1, 1960, until held for five years or more after such
acquisition: PROVIDED FURTHER, That funds acquired
from the lease or sale of any park property, buildings or facilities shall be placed in the park and recreation fund to be used
for capital purposes. [1963 c 4 § 36.68.010. Prior: 1961 c 92
§ 1; 1949 c 94 § 1; Rem. Supp. 1949 § 3991-14.]
36.68.010
36.68.020 Programs of public recreation. Counties
may conduct programs of public recreation, and in any such
program property or facilities owned by any individual,
group or organization, whether public or private, may be utilized by consent of the owner. [1963 c 4 § 36.68.020. Prior:
1949 c 94 § 2; Rem. Supp. 1949 § 3991-15.]
36.68.020
36.68.030 Park and recreation board—Composition.
Each county may form a county park and recreation board
composed of seven members, who shall be appointed by the
board of county commissioners to serve without compensation. [1969 ex.s. c 176 § 93; 1963 c 4 § 36.68.030. Prior:
1949 c 94 § 3; Rem. Supp. 1949 § 3991-16.]
36.68.030
[Title 36 RCW—page 156]
36.68.040
36.68.050
36.68.060 Park and recreation board—Powers and
duties. The county park and recreation board:
(1) Shall elect its officers, including a chairman, vice
chairman and secretary, and such other officers as it may
determine it requires.
(2) Shall hold regular public meetings at least monthly.
(3) Shall adopt rules for transaction of business and shall
keep a written record of its meetings, resolutions, transactions, findings and determinations, which record shall be a
public record.
(4) Shall initiate, direct, and administer county recreational activities, and shall select and employ a county park
and recreation superintendent and such other properly qualified employees as it may deem desirable.
(5) Shall improve, operate, and maintain parks, playgrounds, and other recreational facilities, together with all
structures and equipment useful in connection therewith, and
may recommend to the board of county commissioners
acquisition of real property.
(6) Shall promulgate and enforce reasonable rules and
regulations deemed necessary in the operation of parks, playgrounds, and other recreational facilities, and may recommend to the board of county commissioners adoption of any
rules or regulations requiring enforcement by legal process
which relate to parks, playgrounds, or other recreational
facilities.
(7) Shall each year submit to the board of county commissioners for approval a proposed budget for the following
year in the manner provided by law for the preparation and
submission of budgets by elective or appointive county officials.
(8) May, subject to the approval of the board of county
commissioners, enter into contracts with any other municipal
corporation, governmental or private agency for the conduct
of park and recreational programs. [1963 c 4 § 36.68.060.
Prior: 1949 c 94 § 6; Rem. Supp. 1949 § 3991-19.]
36.68.060
36.68.070 Park and recreation fund. In counties in
which county park and recreation boards are formed, a
county park and recreation fund shall be established. Into this
36.68.070
(2008 Ed.)
Parks and Recreational Facilities
fund shall be placed the allocation as the board of county
commissioners annually appropriates thereto, together with
miscellaneous revenues derived from the operation of parks,
playgrounds, and other recreational facilities, as well as
grants, gifts, and bequests for park or recreational purposes.
All expenditures shall be disbursed from this fund by the
county park and recreation board, and all balances remaining
in this fund at the end of any year shall be carried over in such
fund to the succeeding year. [1963 c 4 § 36.68.070. Prior:
1949 c 94 § 7; Rem. Supp. 1949 § 3991-20.]
36.68.080 Penalty for violations of regulations. (1)
Except as otherwise provided in this section, any person violating any rules or regulations adopted by the board of county
commissioners relating to parks, playgrounds, or other recreational facilities is guilty of a misdemeanor.
(2)(a) Except as provided in (b) of this subsection, violation of such a rule or regulation relating to traffic including
parking, standing, stopping, and pedestrian offenses is a traffic infraction.
(b) Violation of such a rule or regulation equivalent to
those provisions of Title 46 RCW set forth in RCW
46.63.020 remains a misdemeanor. [2003 c 53 § 205; 1979
ex.s. c 136 § 36; 1963 c 4 § 36.68.080. Prior: 1949 c 94 § 8;
Rem. Supp. 1949 § 3991-21.]
36.68.080
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
36.68.090 Counties authorized to build, improve,
operate and maintain, etc., parks, playgrounds, gymnasiums, swimming pools, beaches, stadiums, golf courses,
etc., and other recreational facilities—Regulation—
Charges for use. Any county, acting through its board of
county commissioners, is empowered to build, construct,
care for, control, supervise, improve, operate and maintain
parks, playgrounds, gymnasiums, swimming pools, field
houses, bathing beaches, stadiums, golf courses, automobile
race tracks and drag strips, coliseums for the display of spectator sports, public campgrounds, boat ramps and launching
sites, public hunting and fishing areas, arboretums, bicycle
and bridle paths, and other recreational facilities, and to that
end may make, promulgate and enforce such rules and regulations regarding the use thereof, and make such charges for
the use thereof, as may be deemed by said board to be reasonable. [1967 ex.s. c 144 § 11.]
36.68.090
Severability—1967 ex.s. c 144: See note following RCW 36.900.030.
Authority to establish park and playground systems: RCW 36.68.010.
Stadiums, powers of cities and counties to acquire and operate: Chapter
67.28 RCW.
36.68.100 Moorage facilities—Regulations authorized—Port charges, delinquency—Abandoned vessels,
public sale. See RCW 53.08.310 and 53.08.320.
36.68.100
36.68.410
poses, unless a covenant or other binding restriction precludes such uses. [1993 c 84 § 1.]
PARK AND RECREATION SERVICE AREAS
36.68.400 Creation authorized—Purposes—Taxing
districts—Powers. Any county shall have the power to create park and recreation service areas for the purpose of
financing, acquiring, constructing, improving, maintaining,
or operating any park, senior citizen activities centers, zoos,
aquariums, and recreational facilities as defined in RCW
36.69.010 which shall be owned or leased by the county and
administered as other county parks or shall be owned or
leased and administered by a city or town or shall be owned
or leased and administered by the park and recreation service
area. A park and recreation service area may purchase athletic equipment and supplies, and provide for the upkeep of
park buildings, grounds and facilities, and provide custodial,
recreational and park program personnel at any park or recreational facility owned or leased by the service area or a
county, city, or town. A park and recreation service area shall
be a quasi-municipal corporation, an independent taxing
"authority" within the meaning of section 1, Article 7 of the
Constitution, and a "taxing district" within the meaning of
section 2, Article 7 of the Constitution.
A park and recreation service area shall constitute a body
corporate and shall possess all the usual powers of a corporation for public purposes including, but not limited to, the
authority to hire employees, staff, and services, to enter into
contracts, to accept and expend or use gifts, grants, and donations, and to sue and be sued as well as all other powers that
may now or hereafter be specifically conferred by statute.
The members of the county legislative authority, acting
ex officio and independently, shall compose the governing
body of any park and recreation service area which is created
within the county: PROVIDED, That where a park and recreation service area includes an incorporated city or town
within the county, the park and recreation service area may
be governed as provided in an interlocal agreement adopted
pursuant to chapter 39.34 RCW. The voters of a park and recreation service area shall be all registered voters residing
within the service area.
A multicounty park and recreation service area shall be
governed as provided in an interlocal agreement adopted pursuant to chapter 39.34 RCW. [1988 c 82 § 1; 1985 c 253 § 1;
1981 c 210 § 1; 1965 ex.s. c 76 § 1; 1963 c 218 § 1.]
36.68.400
Severability—1981 c 210: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1981 c 210 § 21.]
Contracts with community service organizations for public improvements:
RCW 35.21.278.
Dissolution of inactive special purpose districts: Chapter 36.96 RCW.
May acquire property for park, recreational, viewpoint, greenbelt, conservation, historic, scenic, or view purposes: RCW 36.34.340.
Parks, county commissioners may designate name of: RCW 36.32.430.
36.68.110 Counties authorized to permit public
libraries on land used for park and recreation purposes.
A county, acting through its county legislative authority, is
authorized to permit the location of public libraries on land
owned by the county that is used for park and recreation pur36.68.110
(2008 Ed.)
36.68.410 May be initiated by resolution or petition.
Park and recreation service areas may be initiated in any
unincorporated area of any county by resolution adopted by
the county legislative authority or by a petition signed by ten
36.68.410
[Title 36 RCW—page 157]
36.68.420
Title 36 RCW: Counties
percent of the registered voters within the proposed park and
recreation service area. Incorporated areas may be included
under RCW 36.68.610 and 36.68.620. [1981 c 210 § 2; 1965
ex.s. c 76 § 2; 1963 c 218 § 2.]
Severability—1981 c 210: See note following RCW 36.68.400.
the order of the county legislative authority are available in
the office of the clerk of the county legislative authority for
the study and review of any interested party, and set the time,
date and place of the hearing. [1981 c 210 § 4; 1963 c 218 §
5.]
Severability—1981 c 210: See note following RCW 36.68.400.
36.68.420 Resolution or petition—Contents. Any resolution or petition initiating a proposed park and recreation
service area shall set forth the boundaries of the service area
with certainty, describe the purpose or purposes for which the
service area is to be formed, and contain an estimate of the
initial cost of any capital improvements or services to be
authorized in the service area.
"Initial costs" as used herein shall include the estimated
cost during the first year of operation of:
(1) Land to be acquired or leased for neighborhood park
purposes by the service area to establish a park or park facility specified in the resolution or petition;
(2) Capital improvements specified in the objectives or
purposes of the service area;
(3) Forming the service area; and
(4) Personnel, maintenance or operation of any park
facility within the service area as specified by the resolution
or petition. [1981 c 210 § 3; 1963 c 218 § 3.]
36.68.420
Severability—1981 c 210: See note following RCW 36.68.400.
36.68.450 Hearing procedure—Inclusion of property—Examination of reports—Recess. At the hearing, the
county legislative authority shall first provide for an explanation of the objectives of the proposed park and recreation service area and the estimated initial costs thereof. The county
legislative authority shall permit any resident or property
owner of the proposed service area to appear and be heard,
and may permit property owners in contiguous areas to
include their property within the proposed service area in the
event that they make their request for inclusion in writing.
The county legislative authority shall examine all reports on
the feasibility of the proposed service area and its initial costs
and may, if they deem it necessary, recess the hearing for not
more than twenty days to obtain any additional information
necessary to arrive at the findings provided for in RCW
36.68.420. [1981 c 210 § 5; 1963 c 218 § 6.]
36.68.450
Severability—1981 c 210: See note following RCW 36.68.400.
36.68.460 Findings of county commissioners—Dismissal of proceedings, limitation on subsequent initiation.
At the conclusion of a hearing, the board of county commissioners shall make the following findings:
(1) Whether or not the service area’s objectives fit within
the general framework of the county’s comprehensive park
plan and general park policies.
(2) The exact boundaries of the service area: The board
shall be empowered to modify the boundaries as originally
defined in the petition or resolution initiating the proposed
service area: PROVIDED, That the boundaries of the service
area may not be enlarged unless the property owners within
the area to be added consent to their inclusion in writing; or
unless the board gives the property owners of the area to be
added, written notice, mailed to their regular permanent residences as shown on the latest records of the county auditor,
five days prior to a regular or continued hearing upon the formation of the proposed service area.
(3) A full definition or explanation of the nature of
improvements or services to be financed by the proposed service area.
(4) Whether or not the objectives of the service area are
feasible.
(5) The number or name of the service area.
If satisfactory findings cannot be made by the board, the
petition or resolution shall be dismissed, and no petition or
resolution embracing the same area may be accepted or heard
for at least two years. [1963 c 218 § 7.]
36.68.460
36.68.430 Petitions—Verification of signatures. Petitions shall be submitted to the county auditor who shall verify
the signatures thereon to determine that the petition has been
signed by the requisite number of persons who are registered
voters within the proposed service area. If the petition is
found not to have the requisite number of signatures, it shall
be returned to the petitioners. If the petition is found to be
sufficient, the auditor shall so certify and transmit the same to
the board of county commissioners. [1963 c 218 § 4.]
36.68.430
36.68.440 Feasibility and cost studies—Public hearing—Notice. Upon accepting a petition to form a park and
recreation service area, or upon passage of a resolution to
establish such a service area, the county legislative authority
shall order a full investigation for the purpose or purposes of
the proposed service area to determine the feasibility of forming the same and to determine the estimated initial costs
involved in obtaining the objectives set forth in the petition or
resolution. The reports on the feasibility and the cost of the
proposed service area shall be made available to the county
legislative authority, and copies of such reports shall be filed
with the clerk of the county legislative authority not more
than eighty days after the county legislative authority first
directs that the studies and reports be undertaken. The county
legislative authority shall also provide by resolution that
within twenty days after receiving the reports a public hearing shall be held at the county seat or at some convenient
location within the proposed service area. At least five days
before the hearing, the county legislative authority shall give
notice of the hearing not less than twice in a legal newspaper
of general circulation in the county. The notice shall describe
the boundaries of the proposed service area, the purpose or
purposes of the proposed service area, the estimated initial
costs, indicate that the reports and other materials prepared at
36.68.440
[Title 36 RCW—page 158]
36.68.470 Resolution ordering election—Election
procedure—Formation. (1) Upon making findings under
the provisions of RCW 36.68.460, the county legislative
authority shall, by resolution, order an election of the voters
of the proposed park and recreation service area to determine
if the service area shall be formed. The county legislative
36.68.470
(2008 Ed.)
Parks and Recreational Facilities
authority shall in their resolution direct the county auditor to
set the election to be held at the next general election or at a
special election held for such purpose; describe the purposes
of the proposed service area; set forth the estimated cost of
any initial improvements or services to be financed by the
service area should it be formed; describe the method of
financing the initial improvements or services described in
the resolution or petition; and order that notice of election be
published in a newspaper of general circulation in the county
at least twice prior to the election date.
(2) A proposition to form a park and recreation service
area shall be submitted to the voters of the proposed service
area. Upon approval by a majority of the voters voting on the
proposition, a park and recreation service area shall be established. The proposition submitted to the voters by the county
auditor on the ballot shall be in substantially the following
form:
FORMATION OF PARK AND
RECREATION SERVICE AREA
Shall a park and recreation service area be established
for the area described in a resolution of the legislative
authority of . . . . . . county, adopted on the . . . . day of
. . . . . . 19. . ., to provide financing for neighborhood park
facilities, improvements, and services?
Yes . . . . . .
No . . . . . .
[1981 c 210 § 6; 1963 c 218 § 8.]
Severability—1981 c 210: See note following RCW 36.68.400.
36.68.480 Property tax levies or bond retirement levies—Election. If the petition or resolution initiating the formation of the proposed park and recreation service area proposes that the initial capital or operational costs are to be
financed by regular property tax levies for a six-year period
as authorized by RCW 36.68.525, or an annual excess levy,
or that proposed capital costs are to be financed by the issuance of general obligation bonds and bond retirement levies,
a proposition or propositions for such purpose or purposes
shall be submitted to the voters of the proposed service area
at the same election. A proposition or propositions for regular
property tax levies for a six-year period as authorized by
RCW 36.68.525, an annual excess levy, or the issuance of
general obligation bonds and bond retirement levies, may
also be submitted to the voters at any general or special election. [1984 c 131 § 7; 1981 c 210 § 7; 1973 1st ex.s. c 195 §
38; 1963 c 218 § 9.]
36.68.480
Purpose—1984 c 131 §§ 3-9: See note following RCW 29A.36.210.
Severability—1981 c 210: See note following RCW 36.68.400.
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
36.68.490 Annual excess levy or bond retirement levies—Election procedure—Vote required. In order for the
annual excess tax levy proposition or bond retirement levies
proposition to be approved, voters exceeding in number at
least sixty percent of the number of voters who cast ballots
for the office of county legislative authority within the park
and recreation area, or within the proposed service area, in
the last preceding general election for that office must cast
ballots on the tax levy proposition, and of all the votes cast at
36.68.490
(2008 Ed.)
36.68.520
the election at least sixty percent of said votes must approve
the annual excess tax levy or the bond retirement levies.
[1981 c 210 § 8; 1963 c 218 § 10.]
Severability—1981 c 210: See note following RCW 36.68.400.
36.68.500 Resolution declaring formation—Treasurer—Disbursement procedure. If the formation of the
service area is approved by the voters, the county legislative
authority shall by resolution declare the service area to be
formed and direct the county treasurer to be the treasurer of
the service area. Expenditures of the service area shall be
made upon warrants drawn by the county auditor pursuant to
vouchers approved by the governing body of the service area.
[1981 c 210 § 9; 1963 c 218 § 11.]
36.68.500
Severability—1981 c 210: See note following RCW 36.68.400.
36.68.510 Local service area fund. If the service area
is formed, there shall be created in the office of the county
treasurer a local service area fund with such accounts as the
treasurer may find convenient, or as the state auditor may
direct, into which shall be deposited all revenues received by
the service area from tax levy, from gifts or donations, and
from service or admission charges. Such fund shall be designated "(name of county) service area No. . . . . fund." Or
"(name of district) service area fund." Special accounts shall
be established within the fund for the deposit of the proceeds
of each bond issue made for the construction of a specified
project or improvement, and there shall also be established
special accounts, within the fund for the deposit of revenues
raised by special levy or derived from other specific revenues, to be used exclusively for the retirement of an outstanding bond issue or for paying the interest or service charges on
any bond issue. [1963 c 218 § 12.]
36.68.510
36.68.520 Annual excess property tax levy—General
obligation bonds. (1) A park and recreation service area
shall have the power to levy annual excess levies upon the
property included within the service area if authorized at a
special election called for the purpose in the manner prescribed by section 2, Article VII of the Constitution and by
RCW 84.52.052 for operating funds, capital outlay funds,
and cumulative reserve funds.
(2) A park and recreation service area may issue general
obligation bonds for capital purposes only, not to exceed an
amount, together with any outstanding nonvoter approved
general obligation indebtedness, equal to three-eighths of one
percent of the value of the taxable property within the service
area. Additionally, a park and recreation service area may
issue general obligation bonds, together with any outstanding
voter approved and nonvoter approved general indebtedness,
equal to two and one-half percent of the value of the taxable
property within the service area, as the term "value of the taxable property" is defined in RCW 39.36.015, when such
bonds are approved by the voters of the service area at a special election called for the purpose in accordance with the
provisions of Article VIII, section 6 of the Constitution. Such
bonds shall be issued and sold in accordance with chapter
39.46 RCW.
Bonds may be retired by excess property tax levies when
such levies are approved by the voters at a special election in
36.68.520
[Title 36 RCW—page 159]
36.68.525
Title 36 RCW: Counties
accordance with the provisions of Article VII, section 2 of the
Constitution and RCW 84.52.056.
Any elections shall be held as provided in RCW
39.36.050. [1994 c 156 § 4. Prior: 1984 c 186 § 29; 1984 c
131 § 8; (1983 c 167 § 271 repealed by 1984 c 186 § 70; and
repealed by 1984 c 131 § 10); 1983 c 167 § 83; 1981 c 210 §
10; 1973 1st ex.s. c 195 § 39; 1970 ex.s. c 42 § 19; 1963 c 218
§ 13.]
Intent—1994 c 156: See note following RCW 36.69.140.
Purpose—1984 c 186: See note following RCW 39.46.110.
Purpose—1984 c 131 §§ 3-9: See note following RCW 29A.36.210.
Effective dates—1983 c 167: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect immediately, except sections 271 and 272 shall take effect July 1, 1985." [1983 c
167 § 274.]
Purpose—1984 c 131 §§ 3-9: See note following RCW 29A.36.210.
36.68.527 Community revitalization financing—
Public improvements. In addition to other authority that a
park and recreation service area possesses, a park and recreation service area may provide any public improvement as
defined under RCW 39.89.020, but this additional authority
is limited to participating in the financing of the public
improvements as provided under RCW 39.89.050.
This section does not limit the authority of a park and
recreation service area to otherwise participate in the public
improvements if that authority exists elsewhere. [2001 c 212
§ 14.]
36.68.527
Severability—2001 c 212: See RCW 39.89.902.
36.68.530 Budgets—Appropriations—Accumulation
of reserves. The governing body of each park and recreation
service area shall annually compile a budget for each service
area in a form prescribed by the state auditor for the ensuing
calendar year which shall, to the extent that anticipated
income is actually realized, constitute the appropriations for
the service area. The budget may include an amount to accumulate a reserve for a stated capital purpose. In compiling the
budget, all available funds and anticipated income shall be
taken into consideration, including contributions or contractual payments from school districts, cities, or towns, county
or any other governmental entity, gifts and donations, special
tax levy, fees and charges, proceeds of bond issues, and
cumulative reserve funds. [1995 c 301 § 67; 1981 c 210 § 11;
1963 c 218 § 14.]
36.68.530
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—1981 c 210: See note following RCW 36.68.400.
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
36.68.525 Six-year regular property tax levies—Limitations—Election. A park and recreation service area may
impose regular property tax levies in an amount equal to sixty
cents or less per thousand dollars of assessed value of property in the service area in each year for six consecutive years
when specifically authorized so to do by a majority of at least
three-fifths of the voters thereof approving a proposition
authorizing the levies submitted not more than twelve months
prior to the date on which the proposed initial levy is to be
made and not oftener than twice in such twelve month period,
either at a special election or at the regular election of the service area, at which election the number of voters voting "yes"
on the proposition shall constitute three-fifths of a number
equal to forty percent of the number of voters voting in the
service area at the last preceding general election when the
number of voters voting on the proposition does not exceed
forty percent of the number of voters voting in such taxing
district in the last preceding general election; or by a majority
of at least three-fifths of the voters thereof voting on the proposition if the number of voters voting on the proposition
exceeds forty per centum of the number of voters voting in
such taxing district in the last preceding general election. A
proposition authorizing such tax levies shall not be submitted
by a park and recreation service area more than twice in any
twelve-month period. Ballot propositions shall conform with
*RCW 29.30.111. If a park and recreation service area is
levying property taxes, which in combination with property
taxes levied by other taxing districts result in taxes in excess
of the nine-dollar and fifteen cents per thousand dollars of
assessed valuation limitation provided for in RCW
84.52.043, the park and recreation service area property tax
levy shall be reduced or eliminated before the property tax
levies of other taxing districts are reduced. [1994 c 156 § 5;
1984 c 131 § 9.]
36.68.525
*Reviser’s note: RCW 29.30.111 was recodified as RCW 29A.36.210
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Intent—1994 c 156: See note following RCW 36.69.140.
[Title 36 RCW—page 160]
Severability—1981 c 210: See note following RCW 36.68.400.
36.68.541 Employees. Park and recreation service
areas may hire employees and may fund all or a portion of the
salaries and benefits of county park employees who perform
work on county park and recreation facilities within the service area and may fund all or a portion of the salaries and
benefits of city or town park employees who perform work
on city or town park and recreation facilities within the service area. [1988 c 82 § 2; 1981 c 210 § 12.]
36.68.541
Severability—1981 c 210: See note following RCW 36.68.400.
36.68.550 Use and admission fees and charges. A
park and recreation service area may impose and collect use
fees or other direct charges on facilities financed, acquired,
and operated by the park and recreation service area. The
county legislative authority may allow admission fees or
other direct charges which are paid by persons using county
park facilities located within a park and recreation service
area to be transferred to a park and recreation service area.
Such direct charges to users may be made for the use of or
admission to swimming pools, field houses, tennis and handball courts, bathhouses, swimming beaches, boat launching,
storage or moorage facilities, ski lifts, picnic areas and other
similar recreation facilities, and for parking lots used in conjunction with such facilities. All funds collected under the
provisions of this section shall be deposited to the fund of the
service area established in the office of the county treasurer,
to be disbursed under the service area budget as approved by
36.68.550
(2008 Ed.)
Park and Recreation Districts
the governing body of the park and recreation service area.
[1988 c 82 § 3; 1981 c 210 § 13; 1963 c 218 § 16.]
Severability—1981 c 210: See note following RCW 36.68.400.
36.68.555
36.68.555 Eminent domain. A park and recreation service area may exercise the power of eminent domain to
obtain property for its authorized purposes in a manner consistent with the power of eminent domain of the county in
which the park and recreation service area is located. [1988
c 82 § 8.]
36.68.560
36.68.560 Concessions. The county legislative authority may transfer the proceeds from concessions for food and
other services accruing to the county from park or park facilities which are located in a park and recreation service area to
the fund of the service area in the office of the county treasurer to be disbursed under the service area budget. [1981 c
210 § 14; 1963 c 218 § 17.]
Severability—1981 c 210: See note following RCW 36.68.400.
Chapter 36.69
36.68.600 Use of park and recreation service area
funds in exercise of powers enumerated in chapter 67.20
RCW. A park and recreation service area may exercise any
of the powers enumerated in chapter 67.20 RCW with respect
to any park and recreation facility financed in whole or part
from park and recreation service area funds. [1988 c 82 § 6;
1981 c 210 § 17; 1963 c 218 § 21.]
36.68.600
Severability—1981 c 210: See note following RCW 36.68.400.
Parks, bathing beaches, public camps: Chapter 67.20 RCW.
36.68.610 Area which may be included—Inclusion of
area within city or town—Procedure. A park and recreation service area may include any unincorporated area in the
state, and when any part of the proposed district lies within
the corporate limits of any city or town said resolution or
petition shall be accompanied by a certified copy of a resolution of the governing body of said city or town, approving
inclusion of the area within the corporate limits of the city or
town. [1973 c 65 § 1.]
36.68.610
36.68.620 Enlargement by inclusion of additional
area—Procedure. After a park and recreation service area
has been organized, an additional area may be added by the
same procedure within the proposed additional area as is provided herein for the organization of a park and recreation service area, and all electors within both the organized park and
recreation service area and the proposed additional territory
shall vote upon the proposition for enlargement. [1973 c 65
§ 2.]
36.68.620
36.68.570
36.68.570 Use of funds—Purchases. A park and recreation service area may reimburse the county for any charge
incurred by the county current expense fund which is properly an expense of the service area, including reasonable
administrative costs incurred by the offices of county treasurer and the county auditor in providing accounting, clerical
or other services for the benefit of the service area. The
county legislative authority may, where a county purchasing
department has been established, provide for the purchase of
all supplies and equipment for a park and recreation service
area through the department. The park and recreation service
area may contract with the county to administer purchasing.
[1988 c 82 § 4; 1981 c 210 § 15; 1963 c 218 § 18.]
Severability—1981 c 210: See note following RCW 36.68.400.
36.68.580
36.68.580 Ownership of parks and facilities—Expenditure of funds budgeted for park purposes. Any park
facility or park acquired, improved or otherwise financed in
whole or in part by park and recreation service area funds
shall be owned by the park service area and/or the county
and/or the city or town in which the park or facility is located.
The county may make expenditures from its current expense
funds budgeted for park purposes for the maintenance, operation or capital improvement of any county park or park facility acquired, improved, or otherwise financed in whole or in
part by park and recreation service area funds. Similarly, a
city or town may make expenditures for any city or town park
or park facility acquired, improved, or otherwise financed in
whole or in part by park and recreation service area funds.
[1988 c 82 § 5; 1981 c 210 § 16; 1963 c 218 § 19.]
Severability—1981 c 210: See note following RCW 36.68.400.
36.68.590
36.68.590 Purpose—Level of services—General park
programs. The purpose of RCW 36.68.400 et seq. shall be
to provide a higher level of park services and shall not in any
way diminish the right of a county to provide a general park
program financed from current expense funds. [1963 c 218 §
20.]
(2008 Ed.)
Chapter 36.69
Chapter 36.69 RCW
PARK AND RECREATION DISTRICTS
(Formerly: Recreation districts act)
Sections
36.69.010
36.69.020
36.69.030
36.69.040
36.69.050
36.69.065
36.69.070
36.69.080
36.69.090
36.69.100
36.69.110
36.69.120
36.69.130
36.69.140
36.69.145
36.69.147
36.69.150
36.69.160
36.69.170
36.69.180
36.69.190
36.69.200
36.69.210
36.69.220
36.69.230
36.69.240
36.69.245
36.69.250
36.69.260
Park and recreation districts authorized—"Recreational facilities" defined.
Formation of district by petition—Procedure.
Area which may be included—Resolution of governing body
of city or town.
Hearing on petition—Notice.
Boundaries—Name—Inclusion, exclusion of lands.
Election for formation—Inclusion of proposition for tax levy
or issuance of bonds.
Elections—Procedures—Terms.
Election results.
Commissioners—Terms—Election procedures.
Commissioners—Vacancies.
Commissioners—Compensation, expenses.
Commissioners—Duties.
Powers of districts.
Excess levies authorized—Bonds—Interest bearing warrants.
Six-year regular property tax levies—Limitations—Election.
Community revitalization financing—Public improvements.
District treasurer—Warrants—Vouchers.
Budget.
Expenditures.
Violation of rules—Penalty.
Additional area may be added to district.
L.I.D.’s—Authorization—Assessments, warrants, bonds—
County treasurer’s duties.
L.I.D.’s—Initiation by resolution or petition.
L.I.D.’s—Procedure when by resolution.
L.I.D.’s—Procedure when by petition—Publication of notice
of intent by either resolution or petition.
L.I.D.’s—Notice—Contents.
L.I.D.’s—Notice must contain statement that assessments may
vary from estimates.
L.I.D.’s—Public hearing—Inclusion, exclusion of property.
L.I.D.’s—Protests—Procedure—Jurisdiction of board.
[Title 36 RCW—page 161]
36.69.010
36.69.270
36.69.280
36.69.290
36.69.300
36.69.305
36.69.310
36.69.320
36.69.350
36.69.360
36.69.370
36.69.380
36.69.390
36.69.400
36.69.410
36.69.420
36.69.430
36.69.440
36.69.450
36.69.460
36.69.900
Title 36 RCW: Counties
L.I.D.’s—Powers and duties of board upon formation.
L.I.D.’s—Assessment roll—Procedure for approval—Objections.
L.I.D.’s—Segregation of assessments—Power of board.
L.I.D.’s—Segregation of assessments—Procedure—Fee,
charges.
L.I.D.’s—Acquisition of property subject to unpaid or delinquent assessments by state or political subdivision—Payment of lien or installments.
Dissolution.
Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive for
five years.
Board authorized to contract indebtedness and issue revenue
bonds.
Revenue bonds—Authorized purposes.
Revenue bonds—Issuance, form, seal, etc.
Resolution to authorize bonds—Contents.
Payment of bonds—Covenants—Enforcement.
Funding, refunding bonds.
Authority for issuance of bonds—Construction.
Joint park and recreation district—Authorization.
Joint park and recreation district—Formation—Petition.
Joint park and recreation district—Formation—Hearing—
Boundaries—Election.
Joint park and recreation district—Duties of county officers.
Joint park and recreation district—Population determinations.
Short title.
Contracts with community service organizations for public improvements:
RCW 35.21.278.
RCW 39.33.060 to govern on sales by water-sewer district for park and recreational purposes: RCW 57.08.140.
Transfer of real property or contract for use for park and recreational purposes: RCW 39.33.060.
36.69.010 Park and recreation districts authorized—
"Recreational facilities" defined. Park and recreation districts are hereby authorized to be formed as municipal corporations for the purpose of providing leisure time activities and
facilities and recreational facilities, of a nonprofit nature as a
public service to the residents of the geographical areas
included within their boundaries.
The term "recreational facilities" means parks, playgrounds, gymnasiums, swimming pools, field houses, bathing beaches, stadiums, golf courses, automobile race tracks
and drag strips, coliseums for the display of spectator sports,
public campgrounds, boat ramps and launching sites, public
hunting and fishing areas, arboretums, bicycle and bridle
paths, senior citizen centers, community centers, and other
recreational facilities. [1991 c 363 § 79; 1990 c 32 § 1; 1972
ex.s. c 94 § 1; 1969 c 26 § 1; 1967 c 63 § 1; 1963 c 4 §
36.69.010. Prior: 1961 c 272 § 1; 1959 c 304 § 1; 1957 c 58
§ 1.]
The petition shall be filed with the auditor of the county
within which the proposed district is located, accompanied by
an obligation signed by two or more petitioners, agreeing to
pay the cost of the publication of the notice provided for in
RCW 36.69.040. The county auditor shall, within thirty days
from the date of filing the petition, examine the signatures
and certify to the sufficiency or insufficiency thereof.
If the petition is found to contain a sufficient number of
signatures of qualified persons, the auditor shall transmit it,
together with a certificate of sufficiency attached thereto, to
the county legislative authority, which shall by resolution
entered upon its minutes receive it and fix a day and hour
when the legislative authority will publicly hear the petition,
as provided in RCW 36.69.040. [1994 c 223 § 42; 1969 c 26
§ 2; 1967 c 63 § 2; 1963 c 4 § 36.69.020. Prior: 1961 c 272 §
2; 1959 c 304 § 2; 1957 c 58 § 2.]
36.69.030 Area which may be included—Resolution
of governing body of city or town. A park and recreation
district may include any unincorporated area in the state and,
when any part of the proposed district lies within the corporate limits of any city or town, said petition shall be accompanied by a certified copy of a resolution of the governing body
of said city or town, approving inclusion of the area within
the corporate limits of the city or town. [1969 c 26 § 3; 1967
c 63 § 3; 1963 c 4 § 36.69.030. Prior: 1961 c 272 § 3; 1959 c
304 § 3; 1957 c 58 § 3.]
36.69.030
36.69.010
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.69.020 Formation of district by petition—Procedure. The formation of a park and recreation district shall be
initiated by a petition designating the boundaries thereof by
metes and bounds, or by describing the land to be included
therein by townships, ranges and legal subdivisions. Such
petition shall set forth the object of the district and state that
it will be conducive to the public welfare and convenience,
and that it will be a benefit to the area therein. Such petition
shall be signed by not less than fifteen percent of the registered voters residing within the area so described. The name
of a person who has signed the petition may not be withdrawn
from the petition after the petition has been filed.
36.69.020
[Title 36 RCW—page 162]
36.69.040 Hearing on petition—Notice. The board of
county commissioners shall set a time for a hearing on the
petition for the formation of a park and recreation district to
be held not more than sixty days following the receipt of such
petition. Notice of hearing shall be given by publication three
times, at intervals of not less than one week, in a newspaper
of general circulation within the county. Such notice shall
state the time and place of hearing and describe particularly
the area proposed to be included within the district. [1963 c
4 § 36.69.040. Prior: 1957 c 58 § 4.]
36.69.040
36.69.050 Boundaries—Name—Inclusion, exclusion
of lands. The board of county commissioners shall designate
a name for and fix the boundaries of the proposed district following such hearing. No land shall be included in the boundaries as fixed by the county commissioners which was not
described in the petition, unless the owners of such land shall
consent in writing thereto.
The board of county commissioners shall eliminate from
the boundaries of the proposed district land which they find
will not be benefited by inclusion therein. [1963 c 4 §
36.69.050. Prior: 1957 c 58 § 5.]
36.69.050
36.69.065 Election for formation—Inclusion of proposition for tax levy or issuance of bonds. If the petition or
resolution initiating the formation of the proposed park and
recreation district proposes that the initial capital or operational costs are to be financed by regular property tax levies
for a *five-year period as authorized by RCW 36.69.145, or
an annual excess levy, or that proposed capital costs are to be
financed by the issuance of general obligation bonds and
bond retirement levies, a proposition or propositions for such
36.69.065
(2008 Ed.)
Park and Recreation Districts
purpose or purposes shall be submitted to the voters of the
proposed park and recreation district at the same election. A
proposition or propositions for regular property tax levies for
a *five-year period as authorized by RCW 36.69.145, an
annual excess levy, or the issuance of general obligation
bonds and bond retirement levies, may also be submitted to
the voters at any general or special election. The ballot proposition or propositions authorizing the imposition of a tax
levy or levies, or issuance of general obligation bonds and
imposition of tax levies, shall be null and void if the park and
recreation district was not authorized to be formed. [1989 c
184 § 1.]
*Reviser’s note: 1994 c 156 § 3 amended RCW 36.69.145 to authorize
a six-year period.
36.69.070 Elections—Procedures—Terms. A ballot
proposition authorizing the formation of the proposed park
and recreation district shall be submitted to the voters of the
proposed district for their approval or rejection at the next
general state election occurring sixty or more days after the
county legislative authority fixes the boundaries of the proposed district. Notices of the election for the formation of the
park and recreation district shall state generally and briefly
the purpose thereof and shall give the boundaries of the proposed district and name the day of the election and the hours
during which the polls will be open. The proposition to be
submitted to the voters shall be stated in such manner that the
voters may indicate yes or no upon the proposition of forming
the proposed park and recreation district.
The initial park and recreation commissioners shall be
elected at the same election, but this election shall be null and
void if the district is not authorized to be formed. No primary
shall be held to nominate candidates for the initial commissioner positions. Candidates shall run for specific commission positions. A special filing period shall be opened as provided in *RCW 29.15.170 and 29.15.180. The person who
receives the greatest number of votes for each commission
position shall be elected to that position. The three persons
who are elected receiving the greatest number of votes shall
be elected to four-year terms of office if the election is held in
an odd-numbered year or three-year terms of office if the
election is held in an even-numbered year. The other two persons who are elected shall be elected to two-year terms of
office if the election is held in an odd-numbered year or oneyear terms of office if the election is held in an even-numbered year. The initial commissioners shall take office immediately upon being elected and qualified, but the length of
such terms shall be computed from the first day of January in
the year following this election. [1994 c 223 § 43; 1979 ex.s.
c 126 § 28; 1963 c 4 § 36.69.070. Prior: 1959 c 304 § 4; 1957
c 58 § 7.]
36.69.070
*Reviser’s note: RCW 29.15.170 and 29.15.180 were recodified as
RCW 29A.24.170 and 29A.24.180 pursuant to 2003 c 111 § 2401, effective
July 1, 2004. RCW 29A.24.170 and 29A.24.180 were subsequently repealed
by 2004 c 271 § 193. Later enactment of RCW 29A.24.170 and 29A.24.180,
see RCW 29A.24.171 and 29A.24.181, respectively.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
36.69.080 Election results. If a majority of all votes
cast upon the proposition favors the formation of the district,
the county legislative authority shall, by resolution, declare
36.69.080
(2008 Ed.)
36.69.130
the territory organized as a park and recreation district under
the designated name. [1994 c 223 § 44; 1979 ex.s. c 126 § 29;
1963 c 4 § 36.69.080. Prior: 1957 c 58 § 8.]
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
36.69.090 Commissioners—Terms—Election procedures. A park and recreation district shall be governed by a
board of five commissioners. Except for the initial commissioners, all commissioners shall be elected to staggered fouryear terms of office and shall serve until their successors are
elected and qualified and assume office in accordance with
*RCW 29.04.170. Candidates shall run for specific commissioner positions.
Elections for park and recreation district commissioners
shall be held biennially in conjunction with the general election in each odd-numbered year. Elections shall be held in
accordance with the provisions of **Title 29 RCW dealing
with general elections, except that there shall be no primary
to nominate candidates. All persons filing and qualifying
shall appear on the general election ballot and the person
receiving the largest number of votes for each position shall
be elected. [1996 c 324 § 2; 1994 c 223 § 45; 1987 c 53 § 1;
1979 ex.s. c 126 § 30; 1963 c 200 § 18; 1963 c 4 § 36.69.090.
Prior: 1957 c 58 § 9.]
36.69.090
Reviser’s note: *(1) RCW 29.04.170 was recodified as RCW
29A.20.040 pursuant to 2003 c 111 § 2401, effective July 1, 2004.
**(2) Title 29 RCW was repealed and/or recodified pursuant to 2003 c
111, effective July 1, 2004. See Title 29A RCW.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
36.69.100 Commissioners—Vacancies. Vacancies on
the board of park and recreation commissioners shall occur
and shall be filled as provided in chapter 42.12 RCW. [1994
c 223 § 46; 1963 c 4 § 36.69.100. Prior: 1957 c 58 § 10.]
36.69.100
36.69.110 Commissioners—Compensation, expenses.
The park and recreation commissioners shall receive no compensation for their services but shall receive necessary
expenses in attending meetings of the board or when otherwise engaged on district business. [1963 c 4 § 36.69.110.
Prior: 1957 c 58 § 11.]
36.69.110
36.69.120 Commissioners—Duties. The park and recreation district board of commissioners shall:
(1) Elect its officers including a chairman, vice chairman, secretary, and such other officers as it may determine it
requires;
(2) Hold regular public meetings at least monthly;
(3) Adopt policies governing transaction of board business, keeping of records, resolutions, transactions, findings
and determinations, which shall be of public record;
(4) Initiate, direct and administer district park and recreation activities, and select and employ such properly qualified employees as it may deem necessary. [1963 c 4 §
36.69.120. Prior: 1957 c 58 § 12.]
36.69.120
36.69.130 Powers of districts. Park and recreation districts shall have such powers as are necessary to carry out the
purpose for which they are created, including, but not being
limited to, the power: (1) To acquire and hold real and personal property; (2) to dispose of real and personal property
36.69.130
[Title 36 RCW—page 163]
36.69.140
Title 36 RCW: Counties
only by unanimous vote of the district commissioners; (3) to
make contracts; (4) to sue and be sued; (5) to borrow money
to the extent and in the manner authorized by this chapter; (6)
to grant concessions; (7) to make or establish charges, fees,
rates, rentals and the like for the use of facilities (including
recreational facilities) or for participation; (8) to make and
enforce rules and regulations governing the use of property,
facilities or equipment and the conduct of persons thereon;
(9) to contract with any municipal corporation, governmental, or private agencies for the conduct of park and recreation
programs; (10) to operate jointly with other governmental
units any facilities or property including participation in the
acquisition; (11) to hold in trust or manage public property
useful to the accomplishment of their objectives; (12) to
establish cumulative reserve funds in the manner and for the
purposes prescribed by law for cities; (13) to acquire, construct, reconstruct, maintain, repair, add to, and operate recreational facilities; and, (14) to make improvements or to
acquire property by the local improvement method in the
manner prescribed by this chapter: PROVIDED, That such
improvement or acquisition is within the scope of the purposes granted to such park and recreation district. [1972 ex.s.
c 94 § 2; 1969 c 26 § 4; 1967 c 63 § 4; 1963 c 4 § 36.69.130.
Prior: 1961 c 272 § 4; 1959 c 304 § 5; 1957 c 58 § 13.]
36.69.140 Excess levies authorized—Bonds—Interest bearing warrants. (1) A park and recreation district
shall have the power to levy excess levies upon the property
included within the district, in the manner prescribed by Article VII, section 2, of the Constitution and by RCW 84.52.052
for operating funds, capital outlay funds, and cumulative
reserve funds.
(2) A park and recreation district may issue general obligation bonds for capital purposes only, not to exceed an
amount, together with any outstanding nonvoter approved
general obligation indebtedness equal to three-eighths of one
percent of the value of the taxable property within such district, as the term "value of the taxable property" is defined in
RCW 39.36.015. A park and recreation district may additionally issue general obligation bonds, together with outstanding
voter approved and nonvoter approved general obligation
indebtedness, equal to one and one-fourth percent of the
value of the taxable property within the district, as the term
"value of the taxable property" is defined in RCW 39.36.015,
when such bonds are approved by three-fifths of the voters of
the district at a general or special election called for that purpose and may provide for the retirement thereof by levies in
excess of dollar rate limitations in accordance with the provisions of RCW 84.52.056. When authorized by the voters of
the district, the district may issue interest bearing warrants
payable out of and to the extent of excess levies authorized in
the year in which the excess levy was approved. These elections shall be held as provided in RCW 39.36.050. Such
bonds and warrants shall be issued and sold in accordance
with chapter 39.46 RCW. [1994 c 156 § 2; 1984 c 186 § 30;
1983 c 167 § 84; 1981 c 210 § 19; 1977 ex.s. c 90 § 1; 1973
1st ex.s. c 195 § 40; 1970 ex.s. c 42 § 20; 1969 c 26 § 5; 1967
c 63 § 5; 1963 c 4 § 36.69.140. Prior: 1961 c 272 § 5; 1959 c
304 § 6; 1957 c 58 § 14.]
36.69.140
Intent—1994 c 156: "The intent of the legislature by enacting sections
2 through 5, chapter 156, Laws of 1994 is:
[Title 36 RCW—page 164]
(1) To allow park and recreation districts and park and recreation service areas to place more than one excess levy on the same ballot, allowing
districts and service areas to give voters the opportunity to vote on separate
issues, such as for operating and capital funds, at the same election, thereby
reducing election costs; and
(2) To increase the amount a park and recreation district or park and
recreation service area may collect through a six-year property tax levy from
a maximum of fifteen cents per thousand dollars of assessed value to a maximum of sixty cents per thousand dollars of assessed value. This would allow
for a more stable funding source for park and recreation districts and park
and recreation service areas at a realistic tax rate and reduce the need for
holding excess levy elections on an annual or biannual [biennial] basis. In
addition, it would level out the collection of taxes over each of six years
rather than the practice now of collecting in one year to fund two years."
[1994 c 156 § 1.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—1981 c 210: See note following RCW 36.68.400.
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
36.69.145 Six-year regular property tax levies—Limitations—Election. (1) A park and recreation district may
impose regular property tax levies in an amount equal to sixty
cents or less per thousand dollars of assessed value of property in the district in each year for six consecutive years when
specifically authorized so to do by a majority of at least threefifths of the voters thereof approving a proposition authorizing the levies submitted at a special election or at the regular
election of the district, at which election the number of voters
voting "yes" on the proposition shall constitute three-fifths of
a number equal to forty per centum of the number of voters
voting in such district at the last preceding general election
when the number of voters voting on the proposition does not
exceed forty per centum of the number of voters voting in
such taxing district in the last preceding general election; or
by a majority of at least three-fifths of the voters thereof voting on the proposition if the number of voters voting on the
proposition exceeds forty per centum of the number of voters
voting in such taxing district in the last preceding general
election. A proposition authorizing the tax levies shall not be
submitted by a park and recreation district more than twice in
any twelve-month period. Ballot propositions shall conform
with *RCW 29.30.111. In the event a park and recreation district is levying property taxes, which in combination with
property taxes levied by other taxing districts subject to the
one percent limitation provided for in Article 7, section 2, of
our state Constitution result in taxes in excess of the limitation provided for in RCW 84.52.043, the park and recreation
district property tax levy shall be reduced or eliminated
before the property tax levies of other taxing districts are
reduced.
(2) The limitation in RCW 84.55.010 shall not apply to
the first levy imposed under this section following the
approval of the levies by the voters under subsection (1) of
this section. [1994 c 156 § 3; 1984 c 131 § 6; 1981 c 210 §
18.]
36.69.145
*Reviser’s note: RCW 29.30.111 was recodified as RCW 29A.36.210
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Intent—1994 c 156: See note following RCW 36.69.140.
Purpose—1984 c 131 §§ 3-9: See note following RCW 29A.36.210.
(2008 Ed.)
Park and Recreation Districts
36.69.147 Community revitalization financing—
Public improvements. In addition to other authority that a
park and recreation district possesses, a park and recreation
district may provide any public improvement as defined
under RCW 39.89.020, but this additional authority is limited
to participating in the financing of the public improvements
as provided under RCW 39.89.050.
This section does not limit the authority of a park and
recreation district to otherwise participate in the public
improvements if that authority exists elsewhere. [2001 c 212
§ 15.]
36.69.147
Severability—2001 c 212: See RCW 39.89.902.
36.69.150 District treasurer—Warrants—Vouchers.
The county treasurer of the county in which the district shall
be located shall be the treasurer of the district, and expenditures shall be made upon warrants drawn by the county auditor pursuant to vouchers approved by the board of park and
recreation commissioners. [1963 c 4 § 36.69.150. Prior:
1957 c 58 § 16.]
36.69.150
36.69.160 Budget. The board of park and recreation
commissioners of each park and recreation district shall
annually compile a budget, in form prescribed by the state
auditor, for the ensuing calendar year, and which shall, to the
extent that anticipated income is actually realized, constitute
the appropriations for the district. The budget may include an
amount to accumulate a reserve for a stated capital purpose.
In compiling the budget, all available funds and anticipated
income shall be taken into consideration, including contributions or contractual payments from school districts, cities or
towns, county, or any other governmental unit; gifts and
donations; special tax levy; assessments; fees and charges;
proceeds of bond issues; cumulative reserve funds. [1995 c
301 § 68; 1963 c 4 § 36.69.160. Prior: 1957 c 58 § 17.]
36.69.160
36.69.170 Expenditures. Expenditures shall be made
solely in accordance with the budget, and should revenues
accrue at a rate below the anticipated amounts, the board of
park and recreation commissioners shall reduce expenditures
accordingly: PROVIDED, That the board may, by unanimous vote, authorize such expenditures, or authorize expenditures in excess of those budgeted, if sufficient revenue to
pay such expenditures is derived by the levy of the district or
if provided by other governmental agencies specifically for
such purposes. [1963 c 4 § 36.69.170. Prior: 1957 c 58 § 18.]
36.69.170
36.69.180 Violation of rules—Penalty. (1) Except as
otherwise provided in this section, the violation of any of the
rules or regulations of a park and recreation district adopted
by its board for the preservation of order, control of traffic,
protection of life or property, or for the regulation of the use
of park property is a misdemeanor.
(2)(a) Except as provided in (b) of this subsection, violation of such a rule or regulation relating to traffic including
parking, standing, stopping, and pedestrian offenses is a traffic infraction.
(b) Violation of such a rule or regulation equivalent to
those provisions of Title 46 RCW set forth in RCW
46.63.020 remains a misdemeanor. [2003 c 53 § 206; 1979
36.69.180
(2008 Ed.)
36.69.210
ex.s. c 136 § 37; 1963 c 4 § 36.69.180. Prior: 1957 c 58 §
19.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
36.69.190 Additional area may be added to district.
After a park and recreation district has been organized, an
additional area may be added by the same procedure within
the proposed additional area as is provided herein for the
organization of a park and recreation district, except that no
first commissioners shall be nominated by the board of
county commissioners or elected, and all electors within both
the organized park and recreation district and the proposed
additional territory shall vote upon the proposition for
enlargement. [1969 c 26 § 6; 1967 c 63 § 6; 1963 c 4 §
36.69.190. Prior: 1961 c 272 § 6; 1959 c 304 § 7; 1957 c 58
§ 20.]
36.69.190
36.69.200 L.I.D.’s—Authorization—Assessments,
warrants, bonds—County treasurer’s duties. (1) Whenever the board of park and recreation commissioners of any
district shall determine that any proposed capital improvement would be of special benefit to all or to any portion of the
district, it may establish local improvement districts within
its territory; levy special assessments under the mode of
annual installments extending over a period not exceeding
twenty years, on all property specially benefited by a local
improvement, on the basis of special benefits to pay in whole
or in part the damage or costs of any improvements ordered
in the district; and issue local improvement bonds in the
improvement district to be repaid by the collection of local
improvement assessments. The method of establishment,
levying, collection and enforcement of such assessments and
issuance and redemption of local improvement warrants and
bonds and the provisions regarding the conclusiveness of the
assessment roll and the review by the superior court of any
objections thereto shall be as provided for the levying, collection, and enforcement of local improvement assessments and
the issuance of local improvement bonds by cities and towns,
insofar as consistent herewith. The duties devolving upon the
city treasurer are hereby imposed upon the county treasurer
for the purposes hereof. The mode of assessment shall be
determined by the board. Such bonds may be in any form,
including coupon bonds or registered bonds as provided in
RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 85; 1983 c 3 § 80; 1963 c 4 §
36.69.200. Prior: 1957 c 58 § 21.]
36.69.200
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Local improvements, supplemental authority: Chapter 35.51 RCW.
36.69.210 L.I.D.’s—Initiation by resolution or petition. Local improvement districts may be initiated either (1)
by resolution of the board of park and recreation commissioners, or, (2) by petition signed by the owners (according to
the county auditor’s records) of at least fifty-one percent of
the area of land within the limits of the local improvement
36.69.210
[Title 36 RCW—page 165]
36.69.220
Title 36 RCW: Counties
district to be created. [1963 c 4 § 36.69.210. Prior: 1957 c 58
§ 22.]
36.69.220 L.I.D.’s—Procedure when by resolution.
If the board of park and recreation commissioners desires to
initiate the formation of a local improvement district by resolution, it shall first pass a resolution declaring its intention to
order such improvement, setting forth the nature and territorial extent of such proposed improvement, designating the
number of the proposed local improvement district and
describing the boundaries thereof, stating the estimated cost
and expense of the improvement and the proportionate
amount thereof which will be borne by the property within
the proposed district, and fixing a date, time and place for a
public hearing on the formation of the proposed local district.
[1963 c 4 § 36.69.220. Prior: 1957 c 58 § 23.]
36.69.220
36.69.230 L.I.D.’s—Procedure when by petition—
Publication of notice of intent by either resolution or petition. If such local improvement district is initiated by petition, such petition shall set forth the nature and territorial
extent of the proposed improvement requested to be ordered
and the fact that the signers thereof are the owners (according
to the records of the county auditor) of at least fifty-one percent of the area of land within the limits of the local improvement district to be created. Upon the filing of such petition
the board of park and recreation commissioners shall determine whether it is sufficient, and the board’s determination
thereof shall be conclusive upon all persons. No person shall
withdraw his name from the petition after it has been filed
with the board. If the board shall find the petition to be sufficient, it shall proceed to adopt a resolution declaring its intention to order the improvement petitioned for, setting forth the
nature and territorial extent of said improvement, designating
the number of the proposed local district and describing the
boundaries thereof, stating the estimated cost and expense of
the improvement and the proportionate amount thereof which
will be borne by the property within the proposed local district, and fixing a date, time and place for a public hearing on
the formation of the proposed local district.
The resolution of intention, whether adopted on the initiative of the board or pursuant to a petition of the property
owners, shall be published in at least two consecutive issues
of a newspaper of general circulation in the proposed local
district, the date of the first publication to be at least fifteen
days prior to the date fixed by such resolution for hearing
before the board. [1963 c 4 § 36.69.230. Prior: 1957 c 58 §
24.]
36.69.230
36.69.240 L.I.D.’s—Notice—Contents. Notice of the
adoption of the resolution of intention shall be given each
owner or reputed owner of any lot, tract, parcel of land or
other property within the proposed improvement district by
mailing said notice at least fifteen days before the date fixed
for the public hearing to the owner or reputed owner of the
property as shown on the tax rolls of the county treasurer at
the address shown thereon. The notice shall refer to the resolution of intention and designate the proposed improvement
district by number. Said notice shall also set forth the nature
of the proposed improvement, the total estimated cost, the
36.69.240
[Title 36 RCW—page 166]
proportion of total cost to be borne by assessments, the estimated amount of the cost and expense of such improvement
to be borne by the particular lot, tract or parcel, the date, time
and place of the hearing before the board of park and recreation commissioners; and in the case of improvements initiated by resolution, the notice shall also state that all persons
desiring to object to the formation of the proposed district
must file their written protests with the secretary of the board
before the time fixed for said public hearing. [1963 c 4 §
36.69.240. Prior: 1957 c 58 § 25.]
36.69.245 L.I.D.’s—Notice must contain statement
that assessments may vary from estimates. Any notice
given to the public or to the owners of specific lots, tracts, or
parcels of land relating to the formation of a local improvement district shall contain a statement that actual assessments
may vary from assessment estimates so long as they do not
exceed a figure equal to the increased true and fair value the
improvement adds to the property. [1989 c 243 § 4.]
36.69.245
36.69.250 L.I.D.’s—Public hearing—Inclusion,
exclusion of property. Whether the improvement is initiated
by petition or resolution, the board of park and recreation
commissioners shall conduct a public hearing at the time and
place designated in the notice to property owners. At this
hearing the board shall hear objections from any person
affected by the formation of the local district and may make
such changes in the boundaries of the district or such modifications in the plans for the proposed improvement as shall be
deemed necessary: PROVIDED, That the board may not
change the boundaries of the district to include or exclude
property not previously included or excluded without first
passing a new resolution of intention and giving a new notice
to property owners in the manner and form and within the
time herein provided for the original notice. [1963 c 4 §
36.69.250. Prior: 1957 c 58 § 26.]
36.69.250
36.69.260 L.I.D.’s—Protests—Procedure—Jurisdiction of board. After said hearing the board of park and recreation commissioners shall have jurisdiction to overrule protests and proceed with any such improvement initiated by
petition or resolution: PROVIDED, That the jurisdiction of
the board to proceed with any improvement initiated by resolution shall be divested by a protest filed with the secretary of
the board prior to said public hearing for the improvement
signed by the owners of the property within the proposed
local improvement district which is subject to sixty percent or
more of the cost of the improvement as shown and determined by the preliminary estimates and assessment roll of the
proposed improvement district. [1963 c 4 § 36.69.260. Prior:
1957 c 58 § 27.]
36.69.260
36.69.270 L.I.D.’s—Powers and duties of board upon
formation. If the board of park and recreation commissioners finds that the district should be formed, it shall by resolution order the improvement, adopt detailed plans of the local
improvement district and declare the estimated cost thereof,
acquire all necessary land therefor, pay all damages caused
thereby, and commence in the name of the park and recreation district such eminent domain proceedings as may be
36.69.270
(2008 Ed.)
Park and Recreation Districts
necessary to entitle the district to proceed with the work. The
board shall thereupon proceed with the work and file with the
county treasurer its roll levying special assessments in the
amount to be paid by special assessment against the property
situated within the improvement district in proportion to the
special benefits to be derived by the property therein from the
improvement. [1963 c 4 § 36.69.270. Prior: 1957 c 58 § 28.]
36.69.280 L.I.D.’s—Assessment roll—Procedure for
approval—Objections. Before approval of the roll a notice
shall be published once a week for two consecutive weeks in
a newspaper of general circulation in the local district, stating
that the roll is on file and open to inspection in the office of
the secretary, and fixing the time, not less than fifteen or
more than thirty days from the date of the first publication of
the notice within which protests must be filed with the secretary against any assessments shown thereon, and fixing a
time when a hearing will be held by the board of park and recreation commissioners on the protests. Notice shall also be
given by mailing, at least fifteen days before the hearing, a
similar notice to the owners or reputed owners of the land in
the local district as they appear on the books of the treasurer
of the county in which the park and recreation district is
located. At the hearing, or any adjournment thereof, the commissioners may correct, change or modify the roll, or any part
thereof, or set aside the roll and order a new assessment, and
may then by resolution approve it. If an assessment is raised
a new notice similar to the first shall be given, after which
final approval of the roll may be made. When property has
been entered originally upon the roll and the assessment
thereon is not raised, no objection thereto shall be considered
by the commissioners or by any court on appeal unless the
objection is made in writing at, or prior, to the date fixed for
the original hearing upon the roll. [1963 c 4 § 36.69.280.
Prior: 1957 c 58 § 29.]
36.69.360
resolution shall be delivered to the county treasurer who shall
proceed to make the segregation ordered upon being tendered
a fee of three dollars for each tract of land for which a segregation is to be made. In addition to such charge the board may
require as a condition to the order of segregation that the person seeking it pay the district the reasonable engineering and
clerical costs incident to making the segregation. [1963 c 4 §
36.69.300. Prior: 1957 c 58 § 31.]
36.69.280
36.69.290 L.I.D.’s—Segregation of assessments—
Power of board. Whenever any land against which there has
been levied any special assessment by any park and recreation district shall have been sold in part or subdivided, the
board of park and recreation commissioners of such district
shall have the power to order a segregation of the assessment.
[1963 c 4 § 36.69.290. Prior: 1957 c 58 § 30.]
36.69.305 L.I.D.’s—Acquisition of property subject
to unpaid or delinquent assessments by state or political
subdivision—Payment of lien or installments. See RCW
79.44.190.
36.69.305
36.69.310 Dissolution. Any park and recreation district
formed under the provisions of this chapter may be dissolved
in the manner provided in chapter 53.48 RCW, relating to
port districts.
In order to facilitate the dissolution of a park and recreation district, such a district may declare its intent to dissolve
and may name a successor taxing district. It may transfer any
lands, facilities, equipment, other interests in real or personal
property, or interests under contracts, leases, or similar agreements to the successor district, and may take all action necessary to enable the successor district to assume any indebtedness of the park and recreation district relating to the transferred property and interests. [2005 c 226 § 3; 1963 c 4 §
36.69.310. Prior: 1957 c 58 § 32.]
36.69.310
Application—Effective date—2005 c 226: See notes following RCW
35.61.290.
Alternative procedure for dissolution of special districts: Chapter 36.96
RCW.
36.69.320 Disincorporation of district located in
county with a population of two hundred ten thousand or
more and inactive for five years. See chapter 57.90 RCW.
36.69.320
36.69.290
36.69.300 L.I.D.’s—Segregation of assessments—
Procedure—Fee, charges. Any person desiring to have
such a special assessment against a tract of land segregated to
apply to smaller parts thereof shall apply to the board of park
and recreation commissioners of the park and recreation district which levied the assessment. If the board determines that
a segregation should be made, it shall by resolution order the
county treasurer to make segregation on the original assessment roll as directed in the resolution. The segregation shall
be made as nearly as possible on the same basis as the original assessment was levied, and the total of the segregated
parts of the assessment shall equal the assessment before segregation. The resolution shall describe the original tract, the
amount and date of the original assessment, and shall define
the boundaries of the divided parts and the amount of the
assessment chargeable to each part. A certified copy of the
36.69.350 Board authorized to contract indebtedness
and issue revenue bonds. The board of parks and recreation
commissioners is hereby authorized for the purpose of carrying out the lawful powers granted to park and recreation districts by the laws of the state to contract indebtedness and to
issue revenue bonds evidencing such indebtedness in conformity with this chapter. [1972 ex.s. c 94 § 3.]
36.69.350
36.69.300
(2008 Ed.)
36.69.360 Revenue bonds—Authorized purposes.
All such revenue bonds authorized under the terms of this
chapter may be issued and sold by the district from time to
time and in such amounts as is deemed necessary by the
board of park and recreation commissioners of each district
to provide sufficient funds for the carrying out of all district
powers, without limiting the generality thereof, including the
following: Acquisition; construction; reconstruction; maintenance; repair; additions; operations of recreational facilities; parking facilities as a part of a recreational facility; and
any other district purpose from which revenues can be
derived. Included in the costs thereof shall be any necessary
engineering, inspection, accounting, fiscal, and legal
expenses, the cost of issuance of bonds, including printing,
engraving and advertising and other similar expenses, and the
36.69.360
[Title 36 RCW—page 167]
36.69.370
Title 36 RCW: Counties
proceeds of such bond issue are hereby made available for all
such purposes. [1972 ex.s. c 94 § 4.]
Alternative authority to issue revenue bonds: RCW 39.46.150, 39.46.160.
Funds for reserve purposes may be included in issue amount: RCW
39.44.140.
36.69.370 Revenue bonds—Issuance, form, seal, etc.
(1) When revenue bonds are issued for authorized purposes,
said bonds shall be either registered as to principal only or
principal and interest as provided in RCW 39.46.030 or shall
be bearer bonds; shall be in such denominations, shall be
numbered, shall bear such date, shall be payable at such time
or times up to a maximum period of not to exceed thirty years
and payable as determined by the park and recreation commissioners of the district; shall bear interest payable semiannually; shall be executed by the chairman of the board of park
and recreation commissioners, and attested by the secretary
of the board, and the seal of such board shall be affixed to
each bond, but not to any coupon; and may have facsimile
signatures of the chairman and the secretary imprinted on any
interest coupons in lieu of original signatures.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 86; 1972 ex.s. c 94 § 5.]
36.69.370
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.69.380 Resolution to authorize bonds—Contents.
Bonds issued under the provisions of this chapter shall be
payable solely out of the operating revenues of the park and
recreation district. Such bonds shall be authorized by resolution adopted by the board of park and recreation commissioners, which resolution shall create a special fund or funds into
which the board of park and recreation commissioners may
obligate and bind the district to set aside and pay any part or
parts of, or all of, or a fixed proportion of, or fixed amounts
of gross revenue received by the district from moneys for services or activities as stated in the resolution, for the purpose
of paying the principal of and interest on such bonds as the
same shall become due, and if deemed necessary to maintain
adequate reserves therefor. Such fund or funds shall be drawn
upon solely for the purpose of paying the principal and interest upon the bonds issued pursuant to this chapter.
The bonds shall be negotiable instruments within the
provision and intent of the negotiable instruments law of this
state, even though they shall be payable solely from such special fund or funds, and the tax revenue of the district may not
be used to pay, secure, or guarantee the payment of the principal of and interest on such bonds. The bonds and any coupons attached thereto shall state upon their face that they are
payable solely from such special fund or funds. If the county
fails to set aside and pay into such fund or funds, the payments provided for in such resolution, the owner of any such
bonds may bring suit to compel compliance with the provisions of the resolution. [1983 c 167 § 87; 1972 ex.s. c 94 § 6.]
36.69.380
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.69.390 Payment of bonds—Covenants—Enforcement. The board of park and recreation commissioners may
provide covenants as it may deem necessary to secure the
36.69.390
[Title 36 RCW—page 168]
payment of the principal of and interest on such bonds and
may, but shall not be required to, include covenants to create
a reserve fund or account and to authorize the payment or
deposit of certain moneys therein for the purpose of securing
the payment of such principal and interest; to establish, maintain, and collect rates, charges, fees, rentals, and the like on
the facilities and service the income of which is pledged for
the payment of such bonds, sufficient to pay or secure the
payment of such principal and interest and to maintain an
adequate coverage over annual debt service; and to make any
and all other covenants not inconsistent with the provisions
of this chapter which will increase the marketability of such
bonds. The board may also provide that revenue bonds payable out of the same source or sources may later be sold on a
parity with any revenue bonds being issued and sold. The
provisions of this chapter and any resolution or resolutions
providing for the authorization, issuance, and sale of such
bonds shall constitute a contract with the owner of such
bonds, and the provisions thereof shall be enforceable by any
owner of such bonds by mandamus or any appropriate suit,
action or proceeding at law or in equity in any court of competent jurisdiction. [1983 c 167 § 88; 1972 ex.s. c 94 § 7.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.69.400
36.69.400 Funding, refunding bonds. (1) The board of
parks and recreation commissioners of any district may by
resolution, from time to time, provide for the issuance of
funding or refunding revenue bonds to fund or refund any
outstanding revenue bonds and any interest and premiums
due thereon at or before the maturity of such bonds, and parts
or all of various series and issues of outstanding revenue
bonds in the amount thereof to be funded or refunded.
The board shall create a special fund for the sole purpose
of paying the principal of and interest on such funding or
refunding revenue bonds, into which fund the board shall
obligate and bind the district to set aside and pay any part or
parts of, or all of, or a fixed proportion of, or a fixed amount
of the revenue of the recreational facility of the district sufficient to pay such principal and interest as the same shall
become due, and if deemed necessary to maintain adequate
reserves therefor.
Such funding or refunding bonds shall be negotiable
instruments within the provisions and intent of the negotiable
instruments law of this state, and the tax revenue of the district may not be used to pay, secure, or guarantee the payment
of the principal of and interest on such bonds. Such bonds
may be in any form, including bearer bonds or registered
bonds as provided in RCW 39.46.030.
The district may exchange such funding or refunding
bonds for the bonds, and any coupons being funded or
refunded, or it may sell such funding or refunding bonds in
the manner, at such price and at such rate or rates of interest
as the board shall deem to be for the best interest of the district and its inhabitants, either at public or private sale.
The provisions of this chapter relating to the terms, conditions, covenants, issuance, and sale of revenue bonds shall
be applicable to such funding or refunding bonds except as
may be otherwise specifically provided in this section.
(2008 Ed.)
Planning Enabling Act
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 89; 1972 ex.s. c 94 § 8.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.69.410 Authority for issuance of bonds—Construction. This chapter shall be complete authority for the
issuance of the revenue bonds hereby authorized, and shall be
liberally construed to accomplish its purposes. Any restrictions, limitations or regulations relative to the issuance of
such revenue bonds contained in any other act shall not apply
to the bonds issued under this chapter. Any act inconsistent
herewith shall be deemed modified to conform with the provisions of this chapter for the purpose of this chapter only.
[1972 ex.s. c 94 § 9.]
36.69.410
36.69.420 Joint park and recreation district—Authorization. A park and recreation district may be formed
encompassing portions of two or more counties. Such a district shall be known as a joint park and recreation district and
shall have all powers and duties of a park and recreation district. The procedures established in this chapter for the formation of a park and recreation district shall be followed in the
formation of a joint park and recreation district except as otherwise provided by RCW 36.69.430, 36.69.440, and
36.69.450. [1979 ex.s. c 11 § 1.]
36.69.420
Severability—1979 ex.s. c 11: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1979 ex.s. c 11 § 7.]
36.69.430 Joint park and recreation district—Formation—Petition. The formation of a joint park and recreation district shall be initiated by a petition as prescribed in
RCW 36.69.020. The petition shall be filed with the county
auditor of one of the counties within which a portion of the
proposed joint district is located. A copy of the petition shall
be filed with the county auditor of the other county or counties within which a portion of the proposed joint district is
located. The county auditors shall jointly certify the sufficiency or insufficiency of the petition to the legislative
authorities of the counties. [1979 ex.s. c 11 § 2.]
36.69.430
Severability—1979 ex.s. c 11: See note following RCW 36.69.420.
36.69.440 Joint park and recreation district—Formation—Hearing—Boundaries—Election. (1) If the petition filed under RCW 36.69.430 is found to contain a sufficient number of signatures, the legislative authority of each
county shall set a time for a hearing on the petition for the formation of a park and recreation district as prescribed in RCW
36.69.040.
(2) At the public hearing the legislative authority for
each county shall fix the boundaries for that portion of the
proposed park and recreation district that lies within the
county as provided in RCW 36.69.050. Each county shall
notify the other county or counties of the determination of the
boundaries within ten days.
(3) If the territories created by the county legislative
authorities are not contiguous, a joint park and recreation district shall not be formed. If the territories are contiguous, the
36.69.440
(2008 Ed.)
Chapter 36.70
county containing the portion of the proposed joint district
having the larger population shall determine the name of the
proposed joint district.
(4) The proposition for the formation of the proposed
joint park and recreation district shall be submitted to the voters of the district at the next general election, which election
shall be conducted as required by RCW 36.69.070 and
36.69.080. [1994 c 223 § 47; 1979 ex.s. c 11 § 3.]
Severability—1979 ex.s. c 11: See note following RCW 36.69.420.
36.69.450 Joint park and recreation district—Duties
of county officers. For all purposes essential to the maintenance, operation, and administration of a joint park and recreation district, including the apportionment of any funds, the
county in which a joint park and recreation district shall be
considered as belonging shall be the county containing the
largest population of the joint district. Whenever the laws
relating to park and recreation districts provide for an action
by a county officer, the action, if required to be performed on
behalf of a joint park and recreation district, shall be performed by the proper officer of the county to which the joint
district belongs, except as otherwise provided by law. This
delegation of authority extends but is not limited to:
(1) The declaration by the county legislative authority of
the election results, as required by RCW 36.69.080;
(2) The filing of declarations of candidacy with the
county auditor under RCW 36.69.090;
(3) The issuance of warrants by the county treasurer
under RCW 36.69.150;
(4) The duties of the county treasurer and auditor in the
establishment and operation of a local improvement district
under RCW 36.69.200, 36.69.220, 36.69.240, and 36.69.300.
If the local improvement district is located wholly within any
one of the participating counties, then the officers of that
county shall perform the duties relating to that local improvement district; and
(5) Receipt by the county treasurer of payments of revenue bonds under RCW 36.69.370. [1979 ex.s. c 11 § 4.]
36.69.450
Severability—1979 ex.s. c 11: See note following RCW 36.69.420.
36.69.460 Joint park and recreation district—Population determinations. Population determinations for the
purposes of RCW 36.69.440 and 36.69.450 shall be made by
the office of financial management. [1979 ex.s. c 11 § 5.]
36.69.460
Severability—1979 ex.s. c 11: See note following RCW 36.69.420.
36.69.900 Short title. This chapter may be cited as the
"Recreation Districts Act for Counties." [1969 c 26 § 7; 1967
c 63 § 7; 1963 c 4 § 36.69.900. Prior: 1961 c 272 § 7; 1959 c
304 § 9; 1957 c 58 § 33.]
36.69.900
Chapter 36.70
Chapter 36.70 RCW
PLANNING ENABLING ACT
Sections
36.70.010
36.70.015
36.70.020
36.70.025
36.70.030
Purpose and intent.
Expenditure of funds declared public purpose.
Definitions.
"Solar energy system" defined.
Commission—Creation.
[Title 36 RCW—page 169]
36.70.010
36.70.040
36.70.050
36.70.060
36.70.070
36.70.080
36.70.090
36.70.100
36.70.110
36.70.120
36.70.130
36.70.140
36.70.150
36.70.160
36.70.170
36.70.180
36.70.190
36.70.200
36.70.210
36.70.220
36.70.230
36.70.240
36.70.250
36.70.260
36.70.270
36.70.280
36.70.290
36.70.300
36.70.310
36.70.315
36.70.317
36.70.320
36.70.330
36.70.340
36.70.350
36.70.360
36.70.370
36.70.380
36.70.390
36.70.400
36.70.410
36.70.420
36.70.430
36.70.440
36.70.450
36.70.460
36.70.470
36.70.480
36.70.490
36.70.493
36.70.495
36.70.500
36.70.510
36.70.520
36.70.530
36.70.540
36.70.545
36.70.547
36.70.550
36.70.560
36.70.570
36.70.580
36.70.590
36.70.600
36.70.610
36.70.620
36.70.630
36.70.640
36.70.650
36.70.660
36.70.670
36.70.675
36.70.677
36.70.678
Title 36 RCW: Counties
Department—Creation—Creation of commission to assist
department.
Authority for planning.
Regional planning commission—Appointment and powers.
Commission—Composition.
Commission—Appointment—County.
Commission—Membership—Terms—Existing commissions.
Commission—Vacancies.
Commission—Removal.
Commission—Officers.
Planning agency—Meetings.
Planning agency—Rules and records.
Planning agency—Joint meetings.
Director—Appointment.
Director—Employees.
Joint director.
Special services.
Board of adjustment—Creation—Zoning adjustor.
Board of adjustment—Membership—Quorum.
Board of adjustment—Appointment—Appointment of zoning
adjustor.
Board of adjustment—Terms.
Board of adjustment—Vacancies.
Board of adjustment—Removal.
Board of adjustment—Organization.
Board of adjustment—Meetings.
Board of adjustment—Rules and records.
Appropriation for planning agency, board of adjustment.
Accept gifts.
Conference and travel expenses—Commission members and
staff.
Public notice—Identification of affected property.
Statement of restrictions applicable to real property.
Comprehensive plan.
Comprehensive plan—Required elements.
Comprehensive plan—Amplification of required elements.
Comprehensive plan—Optional elements.
Comprehensive plan—Cooperation with affected agencies.
Comprehensive plan—Filing of copies.
Comprehensive plan—Public hearing required.
Comprehensive plan—Notice of hearing.
Comprehensive plan—Approval—Required vote—Record.
Comprehensive plan—Amendment.
Comprehensive plan—Referral to board.
Comprehensive plan—Board may initiate or change—Notice.
Comprehensive plan—Board may approve or change—
Notice.
Planning agency—Relating projects to comprehensive plan.
Planning agency—Annual report.
Planning agency—Promotion of public interest in plan.
Planning agency—Cooperation with agencies.
Information to be furnished agency.
Manufactured housing communities—Elimination of existing
community by county prohibited.
Planning regulations—Copies provided to county assessor.
Right of entry—Commission or planning staff.
Special referred matters—Reports.
Required submission of capital expenditure projects.
Relating capital expenditure projects to comprehensive plan.
Referral procedure—Reports.
Development regulations—Consistency with comprehensive
plan.
General aviation airports—Siting of incompatible uses.
Official controls.
Official controls—Forms of controls.
Official controls—Adoption.
Official controls—Public hearing by commission.
Official controls—Notice of hearing.
Official controls—Recommendation to board—Required
vote.
Official controls—Reference to board.
Official controls—Action by board.
Official controls—Board to conduct hearing, adopt findings
prior to incorporating changes in recommended control.
Official controls—Board may initiate.
Board final authority.
Procedures for adoption of controls limited to planning matters.
Enforcement—Official controls.
Child care facilities—Review of need and demand—Adoption
of ordinances.
Accessory apartments.
Conditional and special use permit applications by parties
licensed or certified by the department of social and health
[Title 36 RCW—page 170]
36.70.680
36.70.690
36.70.700
36.70.710
36.70.720
36.70.730
36.70.740
36.70.750
36.70.755
36.70.757
36.70.760
36.70.770
36.70.780
36.70.790
36.70.795
36.70.800
36.70.810
36.70.820
36.70.830
36.70.840
36.70.850
36.70.860
36.70.870
36.70.880
36.70.890
36.70.900
36.70.910
36.70.920
36.70.930
36.70.940
36.70.970
36.70.980
36.70.982
36.70.990
36.70.992
services or the department of corrections—Mediation prior
to appeal required.
Subdividing and platting.
County improvements.
Planning agency—Time limit for report.
Final authority.
Prerequisite for zoning.
Text without map.
Zoning map—Progressive adoption.
Zoning—Types of regulations.
Residential care facilities—Review of need and demand—
Adoption of ordinances.
Family day-care provider’s home facility—County may not
prohibit in residential or commercial area—Conditions.
Establishing zones.
All regulations shall be uniform in each zone.
Classifying unmapped areas.
Interim zoning.
Moratoria, interim zoning controls—Public hearing—Limitation on length.
Procedural amendments—Zoning ordinance.
Board of adjustment—Authority.
Board of adjustment—Quasi judicial powers.
Board of adjustment—Appeals—Time limit.
Board of adjustment—Notice of time and place of hearing on
conditional permit.
Board of adjustment—Appeal—Notice of time and place.
Board of adjustment—Scope of authority on appeal.
Zoning adjustor—Powers and duties.
Zoning adjustor—Action final unless appealed.
Board of adjustment—Action final—Writs.
Inclusion of findings of fact.
Short title.
Duties and responsibilities imposed by other acts.
Chapter alternative method.
Elective adoption.
Hearing examiner system—Adoption authorized—Alternative—Functions—Procedures.
Conformance with chapter 43.97 RCW required.
Fish enhancement projects—County’s liability.
Treatment of residential structures occupied by persons with
handicaps.
Watershed restoration projects—Permit processing—Fish
habitat enhancement project.
Acquisition of interests in land for conservation, protection, preservation, or
open space purposes by counties: RCW 64.04.130.
Adult family homes—Permitted use in residential and commercial zones:
RCW 70.128.175.
Alternative planning enabling act: Chapter 35.63 RCW.
Appearance of fairness doctrine—Application to local land use decisions:
RCW 42.36.010.
County, sewerage, water, and drainage systems as part of comprehensive
plan: Chapter 36.70 RCW.
Expediting completion of industrial projects of statewide significance—
Requirements of agreements: RCW 43.157.020.
Joint operations by political subdivisions, deposit and control of funds:
RCW 43.09.285.
Unfit dwellings, buildings, and structures: Chapter 35.80 RCW.
36.70.010 Purpose and intent. The purpose and intent
of this chapter is to provide the authority for, and the procedures to be followed in, guiding and regulating the physical
development of a county or region through correlating both
public and private projects and coordinating their execution
with respect to all subject matters utilized in developing and
servicing land, all to the end of assuring the highest standards
of environment for living, and the operation of commerce,
industry, agriculture and recreation, and assuring maximum
economies and conserving the highest degree of public
health, safety, morals and welfare. [1963 c 4 § 36.70.010.
Prior: 1959 c 201 § 1.]
36.70.010
(2008 Ed.)
Planning Enabling Act
36.70.015 Expenditure of funds declared public purpose. Regional planning under the provisions of this chapter
is hereby declared to be a proper public purpose for the
expenditure of the funds of counties, school districts, public
utility districts, housing authorities, port districts, cities or
towns or any other public organization interested in regional
planning. [1963 c 4 § 36.70.015. Prior: 1961 c 232 § 6.]
36.70.015
36.70.020 Definitions. The following words or terms as
used in this chapter shall have the following meaning unless
a different meaning is clearly indicated by the context:
(1) "Approval by motion" is a means by which a board,
through other than by ordinance, approves and records recognition of a comprehensive plan or amendments thereto.
(2) "Board" means the board of county commissioners.
(3) "Certification" means the affixing on any map or by
adding to any document comprising all or any portion of a
comprehensive plan a record of the dates of action thereon by
the commission and by the board, together with the signatures of the officer or officers authorized by ordinance to so
sign.
(4) "Commission" means a county or regional planning
commission.
(5) "Commissioners" means members of a county or
regional planning commission.
(6) "Comprehensive plan" means the policies and proposals approved and recommended by the planning agency or
initiated by the board and approved by motion by the board
(a) as a beginning step in planning for the physical development of the county; (b) as the means for coordinating county
programs and services; (c) as a source of reference to aid in
developing, correlating, and coordinating official regulations
and controls; and (d) as a means for promoting the general
welfare. Such plan shall consist of the required elements set
forth in RCW 36.70.330 and may also include the optional
elements set forth in RCW 36.70.350 which shall serve as a
policy guide for the subsequent public and private development and official controls so as to present all proposed developments in a balanced and orderly relationship to existing
physical features and governmental functions.
(7) "Conditional use" means a use listed among those
classified in any given zone but permitted to locate only after
review by the board of adjustment, or zoning adjustor if there
be such, and the granting of a conditional use permit imposing such performance standards as will make the use compatible with other permitted uses in the same vicinity and zone
and assure against imposing excessive demands upon public
utilities, provided the county ordinances specify the standards and criteria that shall be applied.
(8) "Department" means a planning department organized and functioning as any other department in any county.
(9) "Element" means one of the various categories of
subjects, each of which constitutes a component part of the
comprehensive plan.
(10) "Ex officio member" means a member of the commission who serves by virtue of his official position as head
of a department specified in the ordinance creating the commission.
(11) "Official controls" means legislatively defined and
enacted policies, standards, precise detailed maps and other
criteria, all of which control the physical development of a
36.70.020
(2008 Ed.)
36.70.040
county or any part thereof or any detail thereof, and are the
means of translating into regulations and ordinances all or
any part of the general objectives of the comprehensive plan.
Such official controls may include, but are not limited to,
ordinances establishing zoning, subdivision control, platting,
and adoption of detailed maps.
(12) "Ordinance" means a legislative enactment by a
board; in this chapter the word, "ordinance", is synonymous
with the term "resolution", as representing a legislative enactment by a board of county commissioners.
(13) "Planning agency" means (a) a planning commission, together with its staff members, employees and consultants, or (b) a department organized and functioning as any
other department in any county government together with its
planning commission.
(14) "Variance." A variance is the means by which an
adjustment is made in the application of the specific regulations of a zoning ordinance to a particular piece of property,
which property, because of special circumstances applicable
to it, is deprived of privileges commonly enjoyed by other
properties in the same vicinity and zone and which adjustment remedies disparity in privileges. [1963 c 4 § 36.70.020.
Prior: 1959 c 201 § 2.]
36.70.025 "Solar energy system" defined. As used in
this chapter, "solar energy system" means any device or combination of devices or elements which rely upon direct sunlight as an energy source, including but not limited to any
substance or device which collects sunlight for use in:
(1) The heating or cooling of a structure or building;
(2) The heating or pumping of water;
(3) Industrial, commercial, or agricultural processes; or
(4) The generation of electricity.
A solar energy system may be used for purposes in addition to the collection of solar energy. These uses include, but
are not limited to, serving as a structural member or part of a
roof of a building or structure and serving as a window or
wall. [1979 ex.s. c 170 § 9.]
36.70.025
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
Local governments authorized to encourage and protect solar energy systems: RCW 64.04.140.
36.70.030 Commission—Creation. By ordinance a
board may create a planning commission and provide for the
appointment by the commission of a director of planning.
[1963 c 4 § 36.70.030. Prior: 1959 c 201 § 3.]
36.70.030
36.70.040 Department—Creation—Creation of commission to assist department. By ordinance a board may, as
an alternative to and in lieu of the creation of a planning commission as provided in RCW 36.70.030, create a planning
department which shall be organized and function as any
other department of the county. When such department is created, the board shall also create a planning commission which
shall assist the planning department in carrying out its duties,
including assistance in the preparation and execution of the
comprehensive plan and recommendations to the department
for the adoption of official controls and/or amendments
thereto. To this end, the planning commission shall conduct
such hearings as are required by this chapter and shall make
36.70.040
[Title 36 RCW—page 171]
36.70.050
Title 36 RCW: Counties
findings and conclusions therefrom which shall be transmitted to the department which shall transmit the same on to the
board with such comments and recommendations it deems
necessary. [1963 c 4 § 36.70.040. Prior: 1959 c 201 § 4.]
36.70.050
36.70.050 Authority for planning. Upon the creation
of a planning agency as authorized in RCW 36.70.030 and
36.70.040, a county may engage in a planning program as
defined by this chapter. Two or more counties may jointly
engage in a planning program as defined herein for their combined areas. [1963 c 4 § 36.70.050. Prior: 1959 c 201 § 5.]
36.70.060
36.70.060 Regional planning commission—Appointment and powers. A county or a city may join with one or
more other counties, cities and towns, and/or with one or
more school districts, public utility districts, private utilities,
housing authorities, port districts, or any other private or public organizations interested in regional planning to form and
organize a regional planning commission and provide for the
administration of its affairs. Such regional planning commission may carry on a planning program involving the same
subjects and procedures provided by this chapter for planning
by counties, provided this authority shall not include enacting
official controls other than by the individual participating
municipal corporations. The authority to initiate a regional
planning program, define the boundaries of the regional planning district, specify the number, method of appointment and
terms of office of members of the regional planning commission and provide for allocating the cost of financing the work
shall be vested individually in the governing bodies of the
participating municipal corporations.
Any regional planning commission or municipal corporation participating in any regional planning district is authorized to receive grants-in-aid from, or enter into reasonable
agreement with any department or agency of the government
of the United States or of the state of Washington to arrange
for the receipt of federal funds and state funds for planning in
the interests of furthering the planning program. [1963 c 4 §
36.70.060. Prior: 1961 c 232 § 1; 1959 c 201 § 6.]
Commission as employer for retirement system purposes: RCW 41.40.010.
36.70.070
36.70.070 Commission—Composition. Whenever a
commission is created by a county, it shall consist of five,
seven, or nine members as may be provided by ordinance:
PROVIDED, That where a commission, on June 10, 1959, is
operating with more than nine members, no further appointments shall be made to fill vacancies for whatever cause until
the membership of the commission is reduced to five, seven
or nine, whichever is the number specified by the county
ordinance under this chapter. Departments of a county may
be represented on the commission by the head of such departments as are designated in the ordinance creating the commission, who shall serve in an ex officio capacity, but such ex
officio members shall not exceed one of a five-member commission, two of a seven-member commission, or three of a
nine-member commission. At no time shall there be more
than three ex officio members serving on a commission:
PROVIDED FURTHER, That in lieu of one ex officio member, only, one employee of the county other than a depart[Title 36 RCW—page 172]
ment head may be appointed to serve as a member of the
commission. [1963 c 4 § 36.70.070. Prior: 1959 c 201 § 7.]
36.70.080 Commission—Appointment—County.
The members of a commission shall be appointed by the
chairman of the board with the approval of a majority of the
board: PROVIDED, That each member of the board shall
submit to the chairman a list of nominees residing in his commissioner district, and the chairman shall make his appointments from such lists so that as nearly as mathematically possible, each commissioner district shall be equally represented
on the commission. [1963 c 4 § 36.70.080. Prior: 1959 c 201
§ 8.]
36.70.080
36.70.090 Commission—Membership—Terms—
Existing commissions. When a commission is created after
June 10, 1959, the first terms of the members of the commission consisting of five, seven, and nine members, respectively, other than ex officio members, shall be as follows:
(1) For a five-member commission—one, shall be
appointed for one year; one, for two years; one, for three
years; and two, for four years.
(2) For a seven-member commission—one, shall be
appointed for one year; two, for two years; two, for three
years; and two, for four years.
(3) For a nine-member commission—two, shall be
appointed for one year; two, for two years; two, for three
years; and three, for four years.
Thereafter, the successors to the first member shall be
appointed for four year terms: PROVIDED, That where the
commission includes one ex officio member, the number of
appointive members first appointed for a four year term shall
be reduced by one; if there are to be two ex officio members,
the number of appointive members for the three year and four
year terms shall each be reduced by one; if there are to be
three ex officio members, the number of appointive members
for the four year term, the three year term, and the two year
term shall each be reduced by one. The term of an ex officio
member shall correspond to his official tenure: PROVIDED
FURTHER, That where a commission, on the effective date
of this chapter, is operating with members appointed for
longer than four year terms, such members shall serve out the
full term for which they were appointed, but their successors,
if any, shall be appointed for four year terms. [1963 c 4 §
36.70.090. Prior: 1959 c 201 § 9.]
36.70.090
36.70.100 Commission—Vacancies. Vacancies occurring for any reason other than the expiration of the term shall
be filled by appointment for the unexpired portion of the term
except if, on June 10, 1959, the unexpired portion of a term is
for more than four years the vacancy shall be filled for a
period of time that will obtain the maximum staggered terms,
but shall not exceed four years. Vacancies shall be filled from
the same commissioner district as that of the vacating member. [1963 c 4 § 36.70.100. Prior: 1959 c 201 § 10.]
36.70.100
36.70.110 Commission—Removal. After public hearing, any appointee member of a commission may be removed
by the chairman of the board, with the approval of the board,
36.70.110
(2008 Ed.)
Planning Enabling Act
for inefficiency, neglect of duty, or malfeasance in office.
[1963 c 4 § 36.70.110. Prior: 1959 c 201 § 11.]
36.70.120 Commission—Officers. Each commission
shall elect its chairman and vice chairman from among the
appointed members. The commission shall appoint a secretary who need not be a member of the commission. [1963 c
4 § 36.70.120. Prior: 1959 c 201 § 12.]
36.70.280
zoning ordinance, shall, within ninety days thereof, create a
board of adjustment. [1963 c 4 § 36.70.200. Prior: 1959 c
201 § 20.]
36.70.120
36.70.130 Planning agency—Meetings. Each planning agency shall hold not less than one regular meeting in
each month: PROVIDED, That if no matters over which the
planning agency has jurisdiction are pending upon its calendar, a meeting may be canceled. [1963 c 4 § 36.70.130. Prior:
1959 c 201 § 13.]
36.70.130
36.70.140 Planning agency—Rules and records.
Each planning agency shall adopt rules for the transaction of
its business and shall keep a public record of its transactions,
findings, and determinations. [1963 c 4 § 36.70.140. Prior:
1959 c 201 § 14.]
36.70.140
36.70.150 Planning agency—Joint meetings. Two or
more county planning agencies in any combination may hold
joint meetings and by approval of their respective boards may
have the same chairman. [1963 c 4 § 36.70.150. Prior: 1959
c 201 § 15.]
36.70.150
36.70.160 Director—Appointment. If a director of
planning is provided for, he shall be appointed:
(1) By the commission when a commission is created
under RCW 36.70.030;
(2) If a planning department is established as provided in
RCW 36.70.040, then he shall be appointed by the board.
[1963 c 4 § 36.70.160. Prior: 1959 c 201 § 16.]
36.70.160
36.70.170 Director—Employees. The director of planning shall be authorized to appoint such employees as are
necessary to perform the duties assigned to him within the
budget allowed. [1963 c 4 § 36.70.170. Prior: 1959 c 201 §
17.]
36.70.170
36.70.180 Joint director. The boards of two or more
counties or the legislative bodies of other political subdivisions or special districts may jointly engage a single director
of planning and may authorize him to employ such other personnel as may be necessary to carry out the joint planning
program. [1963 c 4 § 36.70.180. Prior: 1959 c 201 § 18.]
36.70.180
36.70.190 Special services. Each planning agency, subject to the approval of the board, may employ or contract with
the planning consultants or other specialists for such services
as it requires. [1963 c 4 § 36.70.190. Prior: 1959 c 201 § 19.]
36.70.210 Board of adjustment—Membership—
Quorum. A board of adjustment shall consist of five or
seven members as may be provided by ordinance, and a
majority of the members shall constitute a quorum for the
transaction of all business. [1965 ex.s. c 24 § 1; 1963 c 4 §
36.70.210. Prior: 1959 c 201 § 21.]
36.70.210
36.70.220 Board of adjustment—Appointment—
Appointment of zoning adjustor. The members of a board
of adjustment and the zoning adjustor shall be appointed in
the same manner as provided for the appointment of commissioners in RCW 36.70.080. One member of the board of
adjustment may be an appointee member of the commission.
[1963 c 4 § 36.70.220. Prior: 1959 c 201 § 22.]
36.70.220
36.70.230 Board of adjustment—Terms. If the board
of adjustment is to consist of three members, when it is first
appointed after June 10, 1959, the first terms shall be as follows: One shall be appointed for one year; one, for two
years; and one, for three years. If it consists of five members,
when it is first appointed after June 10, 1959, the first terms
shall be as follows: One shall be appointed for one year; one,
for two years; one, for three years; one, for four years; and
one, for six years. Thereafter the terms shall be for six years
and until their successors are appointed and qualified. [1963
c 4 § 36.70.230. Prior: 1959 c 201 § 23.]
36.70.230
36.70.240 Board of adjustment—Vacancies. Vacancies in the board of adjustment shall be filled by appointment
in the same manner in which the commissioners are
appointed in RCW 36.70.080. Appointment shall be for the
unexpired portion of the term. [1963 c 4 § 36.70.240. Prior:
1959 c 201 § 24.]
36.70.240
36.70.250 Board of adjustment—Removal. Any
member of the board of adjustment may be removed by the
chairman of the board with the approval of the board for inefficiency, neglect of duty or malfeasance in office. [1963 c 4
§ 36.70.250. Prior: 1959 c 201 § 25.]
36.70.250
36.70.260 Board of adjustment—Organization. The
board of adjustment shall elect a chairman and vice chairman
from among its members. The board of adjustment shall
appoint a secretary who need not be a member of the board.
[1963 c 4 § 36.70.260. Prior: 1959 c 201 § 26.]
36.70.260
36.70.190
36.70.200 Board of adjustment—Creation—Zoning
adjustor. Whenever a board shall have created a planning
agency, it shall also by ordinance, coincident with the enactment of a zoning ordinance, create a board of adjustment, and
may establish the office of zoning adjustor: PROVIDED,
That any county that has prior to June 10, 1959, enacted a
36.70.200
(2008 Ed.)
36.70.270 Board of adjustment—Meetings. The
board of adjustment shall hold not less than one regular meeting in each month of each year: PROVIDED, That if no
issues over which the board has jurisdiction are pending upon
its calendar, a meeting may be canceled. [1963 c 4 §
36.70.270. Prior: 1959 c 201 § 27.]
36.70.270
36.70.280 Board of adjustment—Rules and records.
The board of adjustment shall adopt rules for the transaction
of its business and shall keep a public record of its transac36.70.280
[Title 36 RCW—page 173]
36.70.290
Title 36 RCW: Counties
tions, findings and determinations. [1963 c 4 § 36.70.280.
Prior: 1959 c 201 § 28.]
36.70.290 Appropriation for planning agency, board
of adjustment. The board shall provide the funds, equipment and accommodations necessary for the work of the
planning agency. Such appropriations may include funds for
joint ventures as set forth in RCW 36.70.180. The expenditures of the planning agency, exclusive of gifts, shall be
within the amounts appropriated for the respective purposes.
The provisions herein for financing the work of the planning
agencies shall also apply to the board of adjustment and the
zoning adjustor. [1963 c 4 § 36.70.290. Prior: 1959 c 201 §
29.]
36.70.290
36.70.300 Accept gifts. The planning agency of a
county may accept gifts in behalf of the county to finance any
planning work authorized by law. [1963 c 4 § 36.70.300.
Prior: 1959 c 201 § 30.]
36.70.300
36.70.310 Conference and travel expenses—Commission members and staff. Members of planning agencies
shall inform themselves on matter affecting the functions and
duties of planning agencies. For that purpose, and when
authorized, such members may attend planning conferences,
meetings of planning executives or of technical bodies; hearings on planning legislation or matters relating to the work of
the planning agency. The reasonable travel expenses, registration fees and other costs incident to such attendance at
such meetings and conferences shall be charges upon the
funds allocated to the planning agency. In addition, members
of a commission may also receive reasonable travel expenses
to and from their usual place of business to the place of a regular meeting of the commission. The planning agency may,
when authorized, pay dues for membership in organizations
specializing in the subject of planning. The planning agency
may, when authorized, subscribe to technical publications
pertaining to planning. [1963 c 4 § 36.70.310. Prior: 1959 c
201 § 31.]
36.70.310
36.70.315 Public notice—Identification of affected
property. Any notice made under chapter 36.70 RCW that
identifies affected property may identify this affected property without using a legal description of the property including, but not limited to, identification by an address, written
description, vicinity sketch, or other reasonable means.
[1988 c 168 § 11.]
36.70.315
36.70.317 Statement of restrictions applicable to real
property. (1) A property owner may make a written request
for a statement of restrictions applicable to a single parcel,
tract, lot, or block of real property located in an unincorporated portion of a county to the county in which the real property is located.
(2) Within thirty days of the receipt of the request, the
county shall provide the owner, by registered mail, with a
statement of restrictions as described in subsection (3) of this
section.
(3) The statement of restrictions shall include the following:
36.70.317
[Title 36 RCW—page 174]
(a) The zoning currently applicable to the real property;
(b) Pending zoning changes currently advertised for public hearing that would be applicable to the real property;
(c) Any designations made by the county pursuant to
chapter 36.70A RCW of any portion of the real property as
agricultural land, forest land, mineral resource land, wetland,
an area with a critical recharging effect on aquifers used for
potable water, a fish and wildlife habitat conservation area, a
frequently flooded area, and as a geological hazardous area;
and
(d) If information regarding the designations listed in (c)
of this subsection are not readily available, inform the owner
of the procedure by which the owner can obtain that site-specific information from the county.
(4) If a county fails to provide the statement of restrictions within thirty days after receipt of the written request, the
owner shall be awarded recovery of all attorneys’ fees and
costs incurred in any successful application for a writ of mandamus to compel production of a statement.
(5) For purposes of this section:
(a) "Owner" means any vested owner or any person
holding the buyer’s interest under a recorded real estate contract in which the seller is the vested owner; and
(b) "Real property" means a parcel, tract, lot or block: (i)
Containing a single-family residence that is occupied by the
owner or a member of his or her family, or rented to another
by the owner; or (ii) five acres or less in size.
(6) This section does not affect the vesting of permits or
development rights.
Nothing in this section shall be deemed to create any liability on the part of a county. [1996 c 206 § 8.]
Effective date—1996 c 206 §§ 6-8: See note following RCW
35.21.475.
Findings—1996 c 206: See note following RCW 43.05.030.
36.70.320 Comprehensive plan. Each planning agency
shall prepare a comprehensive plan for the orderly physical
development of the county, or any portion thereof, and may
include any land outside its boundaries which, in the judgment of the planning agency, relates to planning for the
county. The plan shall be referred to as the comprehensive
plan, and, after hearings by the commission and approval by
motion of the board, shall be certified as the comprehensive
plan. Amendments or additions to the comprehensive plan
shall be similarly processed and certified.
Any comprehensive plan adopted for a portion of a
county shall not be deemed invalid on the ground that the
remainder of the county is not yet covered by a comprehensive plan. *This 1973 amendatory act shall also apply to comprehensive plans adopted for portions of a county prior to
April 24, 1973. [1973 1st ex.s. c 172 § 1; 1963 c 4 §
36.70.320. Prior: 1959 c 201 § 32.]
36.70.320
*Reviser’s note: "This 1973 amendatory act" refers to 1973 1st ex.s. c
172 § 1.
36.70.330 Comprehensive plan—Required elements.
The comprehensive plan shall consist of a map or maps, and
descriptive text covering objectives, principles and standards
used to develop it, and shall include each of the following elements:
36.70.330
(2008 Ed.)
Planning Enabling Act
(1) A land use element which designates the proposed
general distribution and general location and extent of the
uses of land for agriculture, housing, commerce, industry,
recreation, education, public buildings and lands, and other
categories of public and private use of land, including a statement of the standards of population density and building
intensity recommended for the various areas in the jurisdiction and estimates of future population growth in the area
covered by the comprehensive plan, all correlated with the
land use element of the comprehensive plan. The land use
element shall also provide for protection of the quality and
quantity of groundwater used for public water supplies and
shall review drainage, flooding, and storm water run-off in
the area and nearby jurisdictions and provide guidance for
corrective actions to mitigate or cleanse those discharges that
pollute Puget Sound or waters entering Puget Sound;
(2) A circulation element consisting of the general location, alignment and extent of major thoroughfares, major
transportation routes, trunk utility lines, and major terminal
facilities, all of which shall be correlated with the land use
element of the comprehensive plan;
(3) Any supporting maps, diagrams, charts, descriptive
material and reports necessary to explain and supplement the
above elements. [1985 c 126 § 3; 1984 c 253 § 3; 1963 c 4 §
36.70.330. Prior: 1959 c 201 § 33.]
36.70.340 Comprehensive plan—Amplification of
required elements. When the comprehensive plan containing the mandatory subjects as set forth in RCW 36.70.330
shall have been approved by motion by the board and certified, it may thereafter be progressively amplified and augmented in scope by expanding and increasing the general
provisions and proposals for all or any one of the required
elements set forth in RCW 36.70.330 and by adding provisions and proposals for the optional elements set forth in
RCW 36.70.350. The comprehensive plan may also be amplified and augmented in scope by progressively including more
completely planned areas consisting of natural homogeneous
communities, distinctive geographic areas, or other types of
districts having unified interests within the total area of the
county. In no case shall the comprehensive plan, whether in
its entirety or area by area or subject by subject be considered
to be other than in such form as to serve as a guide to the later
development and adoption of official controls. [1963 c 4 §
36.70.340. Prior: 1959 c 201 § 34.]
36.70.340
36.70.350 Comprehensive plan—Optional elements.
A comprehensive plan may include—
(1) a conservation element for the conservation, development and utilization of natural resources, including water and
its hydraulic force, forests, water sheds, soils, rivers and other
waters, harbors, fisheries, wild life, minerals and other natural resources,
(2) a solar energy element for encouragement and protection of access to direct sunlight for solar energy systems,
(3) a recreation element showing a comprehensive system of areas and public sites for recreation, natural reservations, parks, parkways, beaches, playgrounds and other recreational areas, including their locations and proposed development,
36.70.350
(2008 Ed.)
36.70.380
(4) a transportation element showing a comprehensive
system of transportation, including general locations of
rights-of-way, terminals, viaducts and grade separations.
This element of the plan may also include port, harbor, aviation and related facilities,
(5) a transit element as a special phase of transportation,
showing proposed systems of rail transit lines, including
rapid transit in any form, and related facilities,
(6) a public services and facilities element showing general plans for sewerage, refuse disposal, drainage and local
utilities, and rights-of-way, easements and facilities for such
services,
(7) a public buildings element, showing general locations, design and arrangements of civic and community centers, and showing locations of public schools, libraries, police
and fire stations and all other public buildings,
(8) a housing element, consisting of surveys and reports
upon housing conditions and needs as a means of establishing
housing standards to be used as a guide in dealings with official controls related to land subdivision, zoning, traffic, and
other related matters,
(9) a renewal and/or redevelopment element comprising
surveys, locations, and reports for the elimination of slums
and other blighted areas and for community renewal and/or
redevelopment, including housing sites, business and industrial sites, public building sites and for other purposes authorized by law,
(10) a plan for financing a capital improvement program,
(11) as a part of a comprehensive plan the commission
may prepare, receive and approve additional elements and
studies dealing with other subjects which, in its judgment,
relate to the physical development of the county. [1979 ex.s.
c 170 § 10; 1963 c 4 § 36.70.350. Prior: 1959 c 201 § 35.]
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
"Solar energy system" defined: RCW 36.70.025.
36.70.360 Comprehensive plan—Cooperation with
affected agencies. During the formulation of the comprehensive plan, and especially in developing a specialized element of such comprehensive plan, the planning agency may
cooperate to the extent it deems necessary with such authorities, departments or agencies as may have jurisdiction over
the territory or facilities for which plans are being made, to
the end that maximum correlation and coordination of plans
may be secured and properly located sites for all public purposes may be indicated on the comprehensive plan. [1963 c
4 § 36.70.360. Prior: 1959 c 201 § 36.]
36.70.360
36.70.370 Comprehensive plan—Filing of copies.
Whenever a planning agency has developed a comprehensive
plan, or any addition or amendment thereto, covering any
land outside of the boundaries of the county as provided in
RCW 36.70.320, copies of any features of the comprehensive
plan extending into an adjoining jurisdiction shall for purposes of information be filed with such adjoining jurisdiction.
[1963 c 4 § 36.70.370. Prior: 1959 c 201 § 37.]
36.70.370
36.70.380 Comprehensive plan—Public hearing
required. Before approving all or any part of the comprehensive plan or any amendment, extension or addition
36.70.380
[Title 36 RCW—page 175]
36.70.390
Title 36 RCW: Counties
thereto, the commission shall hold at least one public hearing
and may hold additional hearings at the discretion of the commission. [1963 c 4 § 36.70.380. Prior: 1959 c 201 § 38.]
36.70.390
36.70.390 Comprehensive plan—Notice of hearing.
Notice of the time, place and purpose of any public hearing
shall be given by one publication in a newspaper of general
circulation in the county and in the official gazette, if any, of
the county, at least ten days before the hearing. [1963 c 4 §
36.70.390. Prior: 1959 c 201 § 39.]
36.70.400 Comprehensive plan—Approval—
Required vote—Record. The approval of the comprehensive plan, or of any amendment, extension or addition
thereto, shall be by the affirmative vote of not less than a
majority of the total members of the commission. Such
approval shall be by a recorded motion which shall incorporate the findings of fact of the commission and the reasons for
its action and the motion shall refer expressly to the maps,
descriptive, and other matters intended by the commission to
constitute the plan or amendment, addition or extension
thereto. The indication of approval by the commission shall
be recorded on the map and descriptive matter by the signatures of the chairman and the secretary of the commission and
of such others as the commission in its rules may designate.
[1963 c 4 § 36.70.400. Prior: 1961 c 232 § 2; 1959 c 201 §
40.]
36.70.400
36.70.410
36.70.410 Comprehensive plan—Amendment. When
changed conditions or further studies by the planning agency
indicate a need, the commission may amend, extend or add to
all or part of the comprehensive plan in the manner provided
herein for approval in the first instance. [1963 c 4 §
36.70.410. Prior: 1959 c 201 § 41.]
36.70.420 Comprehensive plan—Referral to board.
A copy of a comprehensive plan or any part, amendment,
extension of or addition thereto, together with the motion of
the planning agency approving the same, shall be transmitted
to the board for the purpose of being approved by motion and
certified as provided in this chapter. [1963 c 4 § 36.70.420.
Prior: 1959 c 201 § 42.]
36.70.420
36.70.430
36.70.430 Comprehensive plan—Board may initiate
or change—Notice. When it deems it to be for the public
interest, or when it considers a change in the recommendations of the planning agency to be necessary, the board may
initiate consideration of a comprehensive plan, or any element or part thereof, or any change in or addition to such plan
or recommendation. The board shall first refer the proposed
plan, change or addition to the planning agency for a report
and recommendation. Before making a report and recommendation, the commission shall hold at least one public
hearing on the proposed plan, change or addition. Notice of
the time and place and purpose of the hearing shall be given
by one publication in a newspaper of general circulation in
the county and in the official gazette, if any, of the county, at
least ten days before the hearing. [1963 c 4 § 36.70.430.
Prior: 1959 c 201 § 43.]
[Title 36 RCW—page 176]
36.70.440
36.70.440 Comprehensive plan—Board may
approve or change—Notice. After the receipt of the report
and recommendations of the planning agency on the matters
referred to in RCW 36.70.430, or after the lapse of the prescribed time for the rendering of such report and recommendation by the commission, the board may approve by motion
and certify such plan, change or addition without further reference to the commission: PROVIDED, That the plan,
change or addition conforms either to the proposal as initiated by the county or the recommendation thereon by the
commission: PROVIDED FURTHER, That if the planning
agency has failed to report within a ninety day period, the
board shall hold at least one public hearing on the proposed
plan, change or addition. Notice of the time, place and purpose of the hearing shall be given by one publication in a
newspaper of general circulation in the county and in the official gazette, if any, of the county, at least ten days before the
hearing. Thereafter, the board may proceed to approve by
motion and certify the proposed comprehensive plan or any
part, amendment or addition thereto. [1963 c 4 § 36.70.440.
Prior: 1959 c 201 § 44.]
36.70.450
36.70.450 Planning agency—Relating projects to
comprehensive plan. After a board has approved by motion
and certified all or parts of a comprehensive plan for a county
or for any part of a county, the planning agency shall use such
plan as the basic source of reference and as a guide in reporting upon or recommending any proposed project, public or
private, as to its purpose, location, form, alignment and timing. The report of the planning agency on any project shall
indicate wherein the proposed project does or does not conform to the purpose of the comprehensive plan and may
include proposals which, if effected, would make the project
conform. If the planning agency finds that a proposed project
reveals the justification or necessity for amending the comprehensive plan or any part of it, it may institute proceedings
to accomplish such amendment, and in its report to the board
on the project shall note that appropriate amendments to the
comprehensive plan, or part thereof, are being initiated.
[1963 c 4 § 36.70.450. Prior: 1959 c 201 § 45.]
36.70.460
36.70.460 Planning agency—Annual report. After all
or part of the comprehensive plan of a county has been
approved by motion and certified, the planning agency shall
render an annual report to the board on the status of the plan
and accomplishments thereunder. [1963 c 4 § 36.70.460.
Prior: 1959 c 201 § 46.]
36.70.470
36.70.470 Planning agency—Promotion of public
interest in plan. Each planning agency shall endeavor to
promote public interest in, and understanding of, the comprehensive plan and its purpose, and of the official controls
related to it. [1963 c 4 § 36.70.470. Prior: 1959 c 201 § 47.]
36.70.480
36.70.480 Planning agency—Cooperation with agencies. Each planning agency shall, to the extent it deems necessary, cooperate with officials and agencies, public utility
companies, civic, educational, professional and other organizations and citizens generally with relation to carrying out the
(2008 Ed.)
Planning Enabling Act
purpose of the comprehensive plan. [1963 c 4 § 36.70.480.
Prior: 1959 c 201 § 48.]
36.70.490 Information to be furnished agency. Upon
request, all public officials or agencies shall furnish to the
planning agency within a reasonable time such available
information as is required for the work of the planning
agency. [1963 c 4 § 36.70.490. Prior: 1959 c 201 § 49.]
36.70.490
36.70.493 Manufactured housing communities—
Elimination of existing community by county prohibited.
After June 10, 2004, a county may designate a manufactured
housing community as a nonconforming use, but may not
order the removal or phased elimination of an existing manufactured housing community because of its status as a nonconforming use. [2004 c 210 § 3.]
36.70.547
36.70.530 Relating capital expenditure projects to
comprehensive plan. The planning agency shall list all such
matters referred to in RCW 36.70.520 and shall prepare for
and submit a report to the board which report shall set forth
how each proposed project relates to all other proposed
projects on the list and to all features in the comprehensive
plan both as to location and timing. The planning agency
shall report to the board through the planning director if there
be such. [1963 c 4 § 36.70.530. Prior: 1959 c 201 § 53.]
36.70.530
36.70.493
36.70.495 Planning regulations—Copies provided to
county assessor. By July 31, 1997, a county planning under
RCW 36.70A.040 shall provide to the county assessor a copy
of the county’s comprehensive plan and development regulations in effect on July 1st of that year and shall thereafter provide any amendments to the plan and regulations that were
adopted before July 31st of each following year. [1996 c 254
§ 5.]
36.70.495
36.70.500 Right of entry—Commission or planning
staff. In the performance of their functions and duties, duly
authorized members of a commission or planning staff may
enter upon any land and make examinations and surveys:
PROVIDED, That such entries, examinations and surveys do
not damage or interfere with the use of the land by those persons lawfully entitled to the possession thereof. [1963 c 4 §
36.70.500. Prior: 1959 c 201 § 50.]
36.70.500
36.70.540 Referral procedure—Reports. Whenever a
county legislative authority has approved by motion and certified all or part of a comprehensive plan, no road, square,
park or other public ground or open space shall be acquired
by dedication or otherwise and no public building or structure
shall be constructed or authorized to be constructed in the
area to which the comprehensive plan applies until its location, purpose and extent has been submitted to and reported
upon by the planning agency. The report by the planning
agency shall set forth the manner and the degree to which the
proposed project does or does not conform to the objectives
of the comprehensive plan. If final authority is vested by law
in some governmental officer or body other than the county
legislative authority, such officer or governmental body shall
report the project to the planning agency and the planning
agency shall render its report to such officer or governmental
body. In both cases the report of the planning agency shall be
advisory only. Failure of the planning agency to report on
such matter so referred to it within forty days or such longer
time as the county legislative authority or other governmental
officer or body may indicate, shall be deemed to be approval.
[1991 c 363 § 80; 1963 c 4 § 36.70.540. Prior: 1959 c 201 §
54.]
36.70.540
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.70.545 Development regulations—Consistency
with comprehensive plan. Beginning July 1, 1992, the
development regulations of each county that does not plan
under RCW 36.70A.040 shall not be inconsistent with the
county’s comprehensive plan. For the purposes of this section, "development regulations" has the same meaning as set
forth in RCW 36.70A.030. [1990 1st ex.s. c 17 § 24.]
36.70.545
36.70.510 Special referred matters—Reports. By
general or special rule the board creating a planning agency
may provide that other matters shall be referred to the planning agency before final action is taken thereupon by the
board or officer having final authority on the matter, and final
action thereon shall not be taken upon the matter so referred
until the planning agency has submitted its report within such
period of time as the board shall designate. In reporting upon
the matters referred to in this section the planning agency
may make such investigations, maps, reports and recommendations as it deems desirable. [1963 c 4 § 36.70.510. Prior:
1959 c 201 § 51.]
36.70.510
36.70.520 Required submission of capital expenditure projects. At least five months before the end of each
fiscal year each county officer, department, board or commission and each governmental body whose jurisdiction lies
entirely within the county, except incorporated cities and
towns, whose functions include preparing and recommending
plans for, or constructing major public works, shall submit to
the respective planning agency a list of the proposed public
works being recommended for initiation or construction during the ensuing fiscal year. [1963 c 4 § 36.70.520. Prior:
1959 c 201 § 52.]
36.70.520
(2008 Ed.)
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
36.70.547 General aviation airports—Siting of
incompatible uses. Every county, city, and town in which
there is located a general aviation airport that is operated for
the benefit of the general public, whether publicly owned or
privately owned public use, shall, through its comprehensive
plan and development regulations, discourage the siting of
incompatible uses adjacent to such general aviation airport.
Such plans and regulations may only be adopted or amended
after formal consultation with: Airport owners and managers, private airport operators, general aviation pilots, ports,
and the aviation division of the department of transportation.
All proposed and adopted plans and regulations shall be filed
with the aviation division of the department of transportation
within a reasonable time after release for public consideration
and comment. Each county, city, and town may obtain tech36.70.547
[Title 36 RCW—page 177]
36.70.550
Title 36 RCW: Counties
nical assistance from the aviation division of the department
of transportation to develop plans and regulations consistent
with this section.
Any additions or amendments to comprehensive plans or
development regulations required by this section may be
adopted during the normal course of land-use proceedings.
This section applies to every county, city, and town,
whether operating under chapter 35.63, 35A.63, 36.70, [or]
36.70A RCW, or under a charter. [1996 c 239 § 2.]
36.70.550 Official controls. From time to time, the
planning agency may, or if so requested by the board shall,
cause to be prepared official controls which, when adopted
by ordinance by the board, will further the objectives and
goals of the comprehensive plan. The planning agency may
also draft such regulations, programs and legislation as may,
in its judgment, be required to preserve the integrity of the
comprehensive plan and assure its systematic execution, and
the planning agency may recommend such plans, regulations,
programs and legislation to the board for adoption. [1963 c 4
§ 36.70.550. Prior: 1959 c 201 § 55.]
36.70.550
36.70.560 Official controls—Forms of controls. Official controls may include:
(1) Maps showing the exact boundaries of zones within
each of which separate controls over the type and degree of
permissible land uses are defined;
(2) Maps for streets showing the exact alignment, gradients, dimensions and other pertinent features, and including
specific controls with reference to protecting such accurately
defined future rights-of-way against encroachment by buildings, other physical structures or facilities;
(3) Maps for other public facilities, such as parks, playgrounds, civic centers, etc., showing exact location, size,
boundaries and other related features, including appropriate
regulations protecting such future sites against encroachment
by buildings and other physical structures or facilities;
(4) Specific regulations and controls pertaining to other
subjects incorporated in the comprehensive plan or establishing standards and procedures to be employed in land development including, but not limited to, subdividing of land and
the approval of land plats and the preservation of streets and
lands for other public purposes requiring future dedication or
acquisition and general design of physical improvements,
and the encouragement and protection of access to direct sunlight for solar energy systems. [1979 ex.s. c 170 § 11; 1963 c
4 § 36.70.560. Prior: 1959 c 201 § 56.]
36.70.560
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
"Solar energy system" defined: RCW 36.70.025.
36.70.570 Official controls—Adoption. Official controls shall be adopted by ordinance and shall further the purpose and objectives of a comprehensive plan and parts
thereof. [1963 c 4 § 36.70.570. Prior: 1959 c 201 § 57.]
36.70.570
36.70.580 Official controls—Public hearing by commission. Before recommending an official control or amendment to the board for adoption, the commission shall hold at
least one public hearing. [1963 c 4 § 36.70.580. Prior: 1959
c 201 § 58.]
36.70.580
[Title 36 RCW—page 178]
36.70.590 Official controls—Notice of hearing.
Notice of the time, place and purpose of the hearing shall be
given by one publication in a newspaper of general circulation in the county and in the official gazette, if any, of the
county at least ten days before the hearing. The board may
prescribe additional methods for providing notice. [1963 c 4
§ 36.70.590. Prior: 1959 c 201 § 59.]
36.70.590
36.70.600 Official controls—Recommendation to
board—Required vote. The recommendation to the board
of any official control or amendments thereto by the planning
agency shall be by the affirmative vote of not less than a
majority of the total members of the commission. Such
approval shall be by a recorded motion which shall incorporate the findings of fact of the commission and the reasons for
its action and the motion shall refer expressly to the maps,
descriptive and other matters intended by the commission to
constitute the plan, or amendment, addition or extension
thereto. The indication of approval by the commission shall
be recorded on the map and descriptive matter by the signatures of the chairman and the secretary of the commission and
of such others as the commission in its rules may designate.
[1963 c 4 § 36.70.600. Prior: 1961 c 232 § 3; 1959 c 201 §
60.]
36.70.600
36.70.610 Official controls—Reference to board. A
copy of any official control or amendment recommended
pursuant to RCW 36.70.550, 36.70.560, 36.70.570 and
36.70.580 shall be submitted to the board not later than fourteen days following the action by the commission and shall
be accompanied by the motion of the planning agency
approving the same, together with a statement setting forth
the factors considered at the hearing, and analysis of findings
considered by the commission to be controlling. [1963 c 4 §
36.70.610. Prior: 1961 c 232 § 4; 1959 c 201 § 61.]
36.70.610
36.70.620 Official controls—Action by board. Upon
receipt of any recommended official control or amendment
thereto, the board shall at its next regular public meeting set
the date for a public meeting where it may, by ordinance,
adopt or reject the official control or amendment. [1963 c 4
§ 36.70.620. Prior: 1959 c 201 § 62.]
36.70.620
36.70.630 Official controls—Board to conduct hearing, adopt findings prior to incorporating changes in recommended control. If after considering the matter at a public meeting as provided in RCW 36.70.620 the board deems a
change in the recommendations of the planning agency to be
necessary, the change shall not be incorporated in the recommended control until the board shall conduct its own public
hearing, giving notice thereof as provided in RCW
36.70.590, and it shall adopt its own findings of fact and
statement setting forth the factors considered at the hearing
and its own analysis of findings considered by it to be controlling. [1963 c 4 § 36.70.630. Prior: 1961 c 232 § 5; 1959
c 201 § 63.]
36.70.630
36.70.640 Official controls—Board may initiate.
When it deems it to be for the public interest, the board may
initiate consideration of an ordinance establishing an official
36.70.640
(2008 Ed.)
Planning Enabling Act
control, or amendments to an existing official control, including those specified in RCW 36.70.560. The board shall first
refer the proposed official control or amendment to the planning agency for report which shall, thereafter, be considered
and processed in the same manner as that set forth in RCW
36.70.630 regarding a change in the recommendation of the
planning agency. [1963 c 4 § 36.70.640. Prior: 1959 c 201 §
64.]
36.70.650 Board final authority. The report and recommendation by the planning agency, whether on a proposed
control initiated by it, whether on a matter referred back to it
by the board for further report, or whether on a matter initiated by the board, shall be advisory only and the final determination shall rest with the board. [1963 c 4 § 36.70.650.
Prior: 1959 c 201 § 65.]
36.70.650
36.70.660 Procedures for adoption of controls limited to planning matters. The provisions of this chapter
with references to the procedures to be followed in the adoption of official controls shall apply only to establishing official controls pertaining to subjects set forth in RCW
36.70.560. [1963 c 4 § 36.70.660. Prior: 1959 c 201 § 66.]
36.70.660
36.70.720
this chapter shall comply with RCW 43.63A.215(3). [1993 c
478 § 10.]
36.70.678 Conditional and special use permit applications by parties licensed or certified by the department
of social and health services or the department of corrections—Mediation prior to appeal required. A final decision by a hearing examiner involving a conditional or special
use permit application under this chapter that is requested by
a party that is licensed or certified by the department of social
and health services or the department of corrections is subject
to mediation under RCW 35.63.260 before an appeal may be
filed. [1998 c 119 § 3.]
36.70.678
36.70.680 Subdividing and platting. The planning
agency shall review all proposed land plats and subdivisions
and make recommendations to the board thereon with reference to approving, or recommending any modifications necessary to assure conformance to the general purposes of the
comprehensive plan and to standards and specifications
established by state law or local controls. [1963 c 4 §
36.70.680. Prior: 1959 c 201 § 68.]
36.70.680
36.70.690 County improvements. No county shall
improve any street or lay or authorize the laying of sewers or
connections or other improvements to be laid in any street
within any territory for which the board has adopted an official control in the form of precise street map or maps, until
the matter has been referred to the planning agency by the
department or official having jurisdiction for a report thereon
and a copy of the report has been filed with the department or
official making the reference unless one of the following conditions apply:
(1) The street has been accepted, opened, or has otherwise received legal status of a public street;
(2) It corresponds with and conforms to streets shown on
the official controls applicable to the subject;
(3) It corresponds with and conforms to streets shown on
a subdivision (land plat) approved by the board. [1963 c 4 §
36.70.690. Prior: 1959 c 201 § 69.]
36.70.690
36.70.670 Enforcement—Official controls. The board
may determine and establish administrative rules and procedures for the application and enforcement of official controls,
and may assign or delegate such administrative functions,
powers and duties to such department or official as may be
appropriate. [1963 c 4 § 36.70.670. Prior: 1959 c 201 § 67.]
36.70.670
36.70.675 Child care facilities—Review of need and
demand—Adoption of ordinances. Each county that does
not provide for the siting of family day care homes in zones
that are designated for single family or other residential uses,
and for the siting of mini-day care centers and day care centers in zones that are designated for any residential or commercial uses, shall conduct a review of the need and demand
for child care facilities, including the cost of any conditional
or special use permit that may be required. The review shall
be completed by August 30, 1990. A copy of the findings,
conclusions, and recommendations resulting from the review
shall be sent to the *department of community development
by September 30, 1990.
On or before June 30, 1991, each municipality that plans
and zones under this chapter shall have adopted an ordinance
or ordinances that are necessary to implement the findings of
this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not
adopted. [1989 c 335 § 6.]
36.70.675
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic development were transferred to the department of community, trade, and economic
development by 1993 c 280, effective July 1, 1994.
Findings—Purpose—Severability—1989 c 335: See notes following
RCW 35.63.170.
Definitions for RCW 36.70.675: See RCW 35.63.170.
36.70.677 Accessory apartments. Any local government, as defined in RCW 43.63A.215, that is planning under
36.70.677
(2008 Ed.)
36.70.700 Planning agency—Time limit for report.
Failure of the planning agency to report on the matters
referred to in RCW 36.70.690 within forty days after the reference, or such longer period as may be designated by the
board, department or official making the reference, shall be
deemed to be approval of such matter. [1963 c 4 § 36.70.700.
Prior: 1959 c 201 § 70.]
36.70.700
36.70.710 Final authority. Reports and recommendations by the planning agency on all matters shall be advisory
only, and final determination shall rest with the administrative body, official, or the board whichever has authority to
decide under applicable law. [1963 c 4 § 36.70.710. Prior:
1959 c 201 § 71.]
36.70.710
36.70.720 Prerequisite for zoning. Zoning maps as an
official control may be adopted only for areas covered by a
comprehensive plan containing not less than a land use element and a circulation element. Zoning ordinances and maps
36.70.720
[Title 36 RCW—page 179]
36.70.730
Title 36 RCW: Counties
adopted prior to June 10, 1959, are hereby validated, provided only that at the time of their enactment the comprehensive plan for the county existed according to law applicable at
that time. [1963 c 4 § 36.70.720. Prior: 1959 c 201 § 72.]
36.70.730 Text without map. The text of a zoning
ordinance may be prepared and adopted in the absence of a
comprehensive plan providing no zoning map or portion of a
zoning map may be adopted thereunder until there has been
compliance with the provisions of RCW 36.70.720. [1963 c
4 § 36.70.730. Prior: 1959 c 201 § 73.]
36.70.730
36.70.740 Zoning map—Progressive adoption.
Because of practical considerations, the total area of a county
to be brought under the control of zoning may be divided into
areas possessing geographical, topographical or urban identity and such divisions may be progressively and separately
officially mapped. [1963 c 4 § 36.70.740. Prior: 1959 c 201
§ 74.]
36.70.740
36.70.750 Zoning—Types of regulations. Any board,
by ordinance, may establish classifications, within each of
which, specific controls are identified, and which will:
(1) Regulate the use of buildings, structures, and land as
between agriculture, industry, business, residence, and other
purposes;
(2) Regulate location, height, bulk, number of stories and
size of buildings and structures; the size of yards, courts, and
other open spaces; the density of population; the percentage
of a lot which may be occupied by buildings and structures;
and the area required to provide off-street facilities for the
parking of motor vehicles. [1963 c 4 § 36.70.750. Prior:
1959 c 201 § 75.]
36.70.750
36.70.755 Residential care facilities—Review of need
and demand—Adoption of ordinances. Each county that
does not provide for the siting of residential care facilities in
zones that are designated for single family or other residential
uses, shall conduct a review of the need and demand for the
facilities, including the cost of any conditional or special use
permit that may be required. The review shall be completed
by August 30, 1990. A copy of the findings, conclusions, and
recommendations resulting from the review shall be sent to
the *department of community development by September
30, 1990.
On or before June 30, 1991, each municipality that plans
and zones under this chapter shall have adopted an ordinance
or ordinances that are necessary to implement the findings of
this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not
adopted. [1989 c 427 § 38.]
36.70.755
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic development were transferred to the department of community, trade, and economic
development by 1993 c 280, effective July 1, 1994.
Severability—1989 c 427: See RCW 74.39.900.
36.70.757 Family day-care provider’s home facility—County may not prohibit in residential or commercial area—Conditions. (1) Except as provided in subsec36.70.757
[Title 36 RCW—page 180]
tions (2) and (3) of this section, no county may enact, enforce,
or maintain an ordinance, development regulation, zoning
regulation, or official control, policy, or administrative practice that prohibits the use of a residential dwelling, located in
an area zoned for residential or commercial use, as a family
day-care provider’s facility serving twelve or fewer children.
(2) A county may require that the facility: (a) Comply
with all building, fire, safety, health code, and business
licensing requirements; (b) conform to lot size, building size,
setbacks, and lot coverage standards applicable to the zoning
district except if the structure is a legal nonconforming structure; (c) is certified by the department of early learning licensor as providing a safe passenger loading area; (d) include
signage, if any, that conforms to applicable regulations; and
(e) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for
persons who use family day-care who work a nonstandard
work shift.
(3) A county may also require that the family day-care
provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property owners have been informed of the intent to locate and
maintain such a facility. If a dispute arises between neighbors and the day-care provider over licensing requirements,
the licensor may provide a forum to resolve the dispute.
(4) This section may not be construed to prohibit a
county from imposing zoning conditions on the establishment and maintenance of a family day-care provider’s home
serving twelve or fewer children in an area zoned for residential or commercial use, if the conditions are no more restrictive than conditions imposed on other residential dwellings in
the same zone and the establishment of such facilities is not
precluded. As used in this section, "family day-care provider" is as defined in RCW 43.215.010. [2007 c 17 § 12;
2003 c 286 § 2.]
36.70.760
36.70.760 Establishing zones. For the purpose set forth
in RCW 36.70.750 the county may divide a county, or portions thereof, into zones which, by number, shape, area and
classification are deemed to be best suited to carry out the
purposes of this chapter. [1963 c 4 § 36.70.760. Prior: 1959
c 201 § 76.]
36.70.770
36.70.770 All regulations shall be uniform in each
zone. All regulations shall be uniform in each zone, but the
regulations in one zone may differ from those in other zones.
[1963 c 4 § 36.70.770. Prior: 1959 c 201 § 77.]
36.70.780
36.70.780 Classifying unmapped areas. After the
adoption of the first map provided for in RCW 36.70.740,
and pending the time that all property within a county can be
precisely zoned through the medium of a zoning map, all
properties not so precisely zoned by map shall be given a
classification affording said properties such broad protective
controls as may be deemed appropriate and necessary to
serve public and private interests. Such controls shall be
clearly set forth in the zoning ordinance in the form of a zone
classification, and such classification shall apply to such
areas until they shall have been included in the detailed zon(2008 Ed.)
Planning Enabling Act
ing map in the manner provided for the adoption of a zoning
map. [1963 c 4 § 36.70.780. Prior: 1959 c 201 § 78.]
36.70.790
36.70.790 Interim zoning. If the planning agency in
good faith, is conducting or intends to conduct studies within
a reasonable time for the purpose of, or is holding a hearing
for the purpose of, or has held a hearing and has recommended to the board the adoption of any zoning map or
amendment or addition thereto, or in the event that new territory for which no zoning may have been adopted as set forth
in RCW 36.70.800 may be annexed to a county, the board, in
order to protect the public safety, health and general welfare
may, after report from the commission, adopt as an emergency measure a temporary interim zoning map the purpose
of which shall be to so classify or regulate uses and related
matters as constitute the emergency. [1963 c 4 § 36.70.790.
Prior: 1959 c 201 § 79.]
36.70.795
36.70.795 Moratoria, interim zoning controls—Public hearing—Limitation on length. A board that adopts a
moratorium, interim zoning map, interim zoning ordinance,
or interim official control without holding a public hearing on
the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control, shall hold a public
hearing on the adopted moratorium, interim zoning map,
interim zoning ordinance, or interim official control within at
least sixty days of its adoption, whether or not the board
received a recommendation on the matter from the commission or department. If the board does not adopt findings of
fact justifying its action before this hearing, then the board
shall do so immediately after this public hearing. A moratorium, interim zoning map, interim zoning ordinance, or
interim official control adopted under this section may be
effective for not longer than six months, but may be effective
for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium, interim
zoning map, interim zoning ordinance, or interim official
control may be renewed for one or more six-month periods if
a subsequent public hearing is held and findings of fact are
made prior to each renewal. [1992 c 207 § 4.]
36.70.800
36.70.800 Procedural amendments—Zoning ordinance. An amendment to the text of a zoning ordinance
which does not impose, remove or modify any regulation
theretofore existing and affecting the zoning status of land
shall be processed in the same manner prescribed by this
chapter for the adoption of an official control except that no
public hearing shall be required either by the commission or
the board. [1963 c 4 § 36.70.800. Prior: 1959 c 201 § 80.]
36.70.850
(2) Application for variances from the terms of the zoning ordinance: PROVIDED, That any variance granted shall
be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special
privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated, and that the following circumstances are found to apply;
(a) because of special circumstances applicable to subject property, including size, shape, topography, location or
surroundings, the strict application of the zoning ordinance is
found to deprive subject property of rights and privileges
enjoyed by other properties in the vicinity and under identical
zone classification;
(b) that the granting of the variance will not be materially
detrimental to the public welfare or injurious to the property
or improvements in the vicinity and zone in which subject
property is situated.
(3) Appeals, where it is alleged by the applicant that
there is error in any order, requirement, permit, decision, or
determination made by an administrative official in the
administration or enforcement of this chapter or any ordinance adopted pursuant to it. [1963 c 4 § 36.70.810. Prior:
1959 c 201 § 81.]
36.70.820 Board of adjustment—Quasi judicial powers. The board of adjustment may also exercise such other
quasi judicial powers as may be granted by county ordinance.
[1963 c 4 § 36.70.820. Prior: 1959 c 201 § 82.]
36.70.820
36.70.830 Board of adjustment—Appeals—Time
limit. Appeals may be taken to the board of adjustment by
any person aggrieved, or by any officer, department, board or
bureau of the county affected by any decision of an administrative official. Such appeals shall be filed in writing in duplicate with the board of adjustment within twenty days of the
date of the action being appealed. [1963 c 4 § 36.70.830.
Prior: 1959 c 201 § 83.]
36.70.830
36.70.840 Board of adjustment—Notice of time and
place of hearing on conditional permit. Upon the filing of
an application for a conditional use permit or a variance as set
forth in RCW 36.70.810, the board of adjustment shall set the
time and place for a public hearing on such matter, and written notice thereof shall be addressed through the United
States mail to all property owners of record within a radius of
three hundred feet of the exterior boundaries of subject property. The written notice shall be mailed not less than twelve
days prior to the hearing. [1963 c 4 § 36.70.840. Prior: 1959
c 201 § 84.]
36.70.840
36.70.850 Board of adjustment—Appeal—Notice of
time and place. Upon the filing of an appeal from an administrative determination, or from the action of the zoning
adjustor, the board of adjustment shall set the time and place
at which the matter will be considered. At least a ten day
notice of such time and place together with one copy of the
written appeal, shall be given to the official whose decision is
being appealed. At least ten days notice of the time and place
shall also be given to the adverse parties of record in the case.
The officer from whom the appeal is being taken shall forth36.70.850
36.70.810
36.70.810 Board of adjustment—Authority. The
board of adjustment, subject to appropriate conditions and
safeguards as provided by the zoning ordinance or the ordinance establishing the board of adjustment, if there be such,
shall hear and decide:
(1) Applications for conditional uses or other permits
when the zoning ordinance sets forth the specific uses to be
made subject to conditional use permits and establishes criteria for determining the conditions to be imposed;
(2008 Ed.)
[Title 36 RCW—page 181]
36.70.860
Title 36 RCW: Counties
with transmit to the board of adjustment all of the records
pertaining to the decision being appealed from, together with
such additional written report as he deems pertinent. [1963 c
4 § 36.70.850. Prior: 1959 c 201 § 85.]
36.70.860 Board of adjustment—Scope of authority
on appeal. In exercising the powers granted by RCW
36.70.810 and 36.70.820, the board of adjustment may, in
conformity with this chapter, reverse or affirm, wholly or in
part, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as should be made and, to
that end, shall have all the powers of the officer from whom
the appeal is taken, insofar as the decision on the particular
issue is concerned. [1963 c 4 § 36.70.860. Prior: 1959 c 201
§ 86.]
36.70.930 Chapter alternative method. This chapter
shall not repeal, amend, or modify any other law providing
for planning methods but shall be deemed an alternative
method providing for such purpose. [1963 c 4 § 36.70.930.
Prior: 1959 c 201 § 93.]
36.70.930
36.70.860
36.70.870 Zoning adjustor—Powers and duties. If
the office of zoning adjustor is established as provided in this
chapter, all of the provisions of this chapter defining the powers, duties, and procedures of the board of adjustment shall
also apply to the zoning adjustor. [1963 c 4 § 36.70.870.
Prior: 1959 c 201 § 87.]
36.70.870
36.70.880 Zoning adjustor—Action final unless
appealed. The action by the zoning adjustor on all matters
coming before him shall be final and conclusive unless
within ten days after the zoning adjustor has made his order,
requirement, decision or determination, an appeal in writing
is filed with the board of adjustment. Such an appeal may be
taken by the original applicant, or by opponents of record in
the case. [1963 c 4 § 36.70.880. Prior: 1959 c 201 § 88.]
36.70.880
36.70.890 Board of adjustment—Action final—
Writs. The action by the board of adjustment on an application for a conditional use permit or a variance, or on an appeal
from the decision of the zoning adjustor or an administrative
officer shall be final and conclusive unless within ten days
from the date of said action the original applicant or an
adverse party makes application to a court of competent jurisdiction for a writ of certiorari, a writ of prohibition or a writ
of mandamus. [1963 c 4 § 36.70.890. Prior: 1959 c 201 §
89.]
36.70.890
36.70.900 Inclusion of findings of fact. Both the board
of adjustment and the zoning adjustor shall, in making an
order, requirement, decision or determination, include in a
written record of the case the findings of fact upon which the
action is based. [1963 c 4 § 36.70.900. Prior: 1959 c 201 §
90.]
36.70.900
36.70.910 Short title. This chapter shall be known as
the "Planning Enabling Act of the State of Washington".
[1963 c 4 § 36.70.910. Prior: 1959 c 201 § 91.]
36.70.910
36.70.920 Duties and responsibilities imposed by
other acts. Any duties and responsibilities which by other
acts are imposed upon a planning commission shall, after
June 10, 1959, be performed by a planning agency however
constituted. [1963 c 4 § 36.70.920. Prior: 1959 c 201 § 92.]
36.70.920
[Title 36 RCW—page 182]
36.70.940 Elective adoption. Any county or counties
presently operating under the provisions of chapter 35.63
RCW may elect to operate henceforth under the provisions of
this chapter. Such election shall be effected by the adoption
of an ordinance under the procedure prescribed by RCW
36.32.120(7), and by compliance with the provisions of this
chapter. [1963 c 4 § 36.70.940. Prior: 1959 c 201 § 94.]
36.70.940
36.70.970 Hearing examiner system—Adoption
authorized—Alternative—Functions—Procedures. (1)
As an alternative to those provisions of this chapter relating
to powers or duties of the planning commission to hear and
issue recommendations on applications for plat approval and
applications for amendments to the zoning ordinance, the
county legislative authority may adopt a hearing examiner
system under which a hearing examiner or hearing examiners
may hear and issue decisions on proposals for plat approval
and for amendments to the zoning ordinance when the
amendment which is applied for is not of general applicability. In addition, the legislative authority may vest in a hearing
examiner the power to hear and decide those issues it believes
should be reviewed and decided by a hearing examiner,
including but not limited to:
(a) Applications for conditional uses, variances, shoreline permits, or any other class of applications for or pertaining to development of land or land use;
(b) Appeals of administrative decisions or determinations; and
(c) Appeals of administrative decisions or determinations pursuant to chapter 43.21C RCW.
The legislative authority shall prescribe procedures to be
followed by a hearing examiner.
Any county which vests in a hearing examiner the
authority to hear and decide conditional uses and variances
shall not be required to have a zoning adjuster or board of
adjustment.
(2) Each county legislative authority electing to use a
hearing examiner pursuant to this section shall by ordinance
specify the legal effect of the decisions made by the examiner. Such legal effect may vary for the different classes of
applications decided by the examiner but shall include one of
the following:
(a) The decision may be given the effect of a recommendation to the legislative authority;
(b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the
legislative authority; or
(c) Except in the case of a rezone, the decision may be
given the effect of a final decision of the legislative authority.
(3) Each final decision of a hearing examiner shall be in
writing and shall include findings and conclusions, based on
the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision
would carry out and conform to the county’s comprehensive
plan and the county’s development regulations. Each final
36.70.970
(2008 Ed.)
Growth Management—Planning by Selected Counties and Cities
decision of a hearing examiner, unless a longer period is
mutually agreed to in writing by the applicant and the hearing
examiner, shall be rendered within ten working days following conclusion of all testimony and hearings. [1995 c 347 §
425; 1994 c 257 § 9; 1977 ex.s. c 213 § 3.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Severability—1994 c 257: See note following RCW 36.70A.270.
Severability—1977 ex.s. c 213: See note following RCW 35.63.130.
36.70.980
36.70.980 Conformance with chapter 43.97 RCW
required. With respect to the National Scenic Area, as
defined in the Columbia River Gorge National Scenic Area
Act, P.L. 99-663, the exercise of any power or authority by a
county or city pursuant to this chapter shall be subject to and
in conformity with the requirements of chapter 43.97 RCW,
including the Interstate Compact adopted by RCW
43.97.015, and with the management plan regulations and
ordinances adopted by the Columbia River Gorge commission pursuant to the Compact. [1987 c 499 § 9.]
36.70.982
36.70.982 Fish enhancement projects—County’s liability. A county is not liable for adverse impacts resulting
from a fish enhancement project that meets the criteria of
*RCW 77.55.290 and has been permitted by the department
of fish and wildlife. [2003 c 39 § 19; 1998 c 249 § 8.]
*Reviser’s note: RCW 77.55.290 was recodified as RCW 77.55.181
pursuant to 2005 c 146 § 1001.
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.181.
36.70.990
36.70.990 Treatment of residential structures occupied by persons with handicaps. No county may enact or
maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice
which treats a residential structure occupied by persons with
handicaps differently than a similar residential structure
occupied by a family or other unrelated individuals. As used
in this section, "handicaps" are as defined in the federal fair
housing amendments act of 1988 (42 U.S.C. Sec. 3602).
[1993 c 478 § 22.]
36.70.992
36.70.992 Watershed restoration projects—Permit
processing—Fish habitat enhancement project. A permit
required under this chapter for a watershed restoration project
as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510. A fish habitat
enhancement project meeting the criteria of *RCW
77.55.290(1) shall be reviewed and approved according to
the provisions of *RCW 77.55.290. [2003 c 39 § 20; 1998 c
249 § 7; 1995 c 378 § 10.]
*Reviser’s note: RCW 77.55.290 was recodified as RCW 77.55.181
pursuant to 2005 c 146 § 1001.
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.181.
(2008 Ed.)
Chapter 36.70A
Chapter 36.70A RCW
GROWTH MANAGEMENT—PLANNING BY
SELECTED COUNTIES AND CITIES
Chapter 36.70A
Sections
36.70A.010
36.70A.011
36.70A.020
36.70A.030
36.70A.035
36.70A.040
Legislative findings.
Findings—Rural lands.
Planning goals.
Definitions.
Public participation—Notice provisions.
Who must plan—Summary of requirements—Development
regulations must implement comprehensive plans.
36.70A.045 Phasing of comprehensive plan submittal.
36.70A.050 Guidelines to classify agriculture, forest, and mineral lands
and critical areas.
36.70A.060 Natural resource lands and critical areas—Development regulations.
36.70A.070 Comprehensive plans—Mandatory elements.
36.70A.080 Comprehensive plans—Optional elements.
36.70A.090 Comprehensive plans—Innovative techniques.
36.70A.100 Comprehensive plans—Must be coordinated.
36.70A.103 State agencies required to comply with comprehensive plans.
36.70A.106 Comprehensive plans—Development regulations—Transmittal to state—Amendments—Expedited review.
36.70A.108 Comprehensive plans—Transportation element—Multimodal transportation improvements and strategies.
36.70A.110 Comprehensive plans—Urban growth areas.
36.70A.115 Comprehensive plans and development regulations must provide sufficient land capacity for development.
36.70A.120 Planning activities and capital budget decisions—Implementation in conformity with comprehensive plan.
36.70A.130 Comprehensive plans—Review procedures and schedules—
Amendments.
36.70A.131 Mineral resource lands—Review of related designations and
development regulations.
36.70A.140 Comprehensive plans—Ensure public participation.
36.70A.150 Identification of lands useful for public purposes.
36.70A.160 Identification of open space corridors—Purchase authorized.
36.70A.165 Property designated as greenbelt or open space—Not subject
to adverse possession.
36.70A.170 Natural resource lands and critical areas—Designations.
36.70A.171 Playing fields—Compliance with this chapter.
36.70A.172 Critical areas—Designation and protection—Best available
science to be used.
36.70A.175 Wetlands to be delineated in accordance with manual.
36.70A.177 Agricultural lands—Innovative zoning techniques—Accessory uses.
36.70A.180 Report on planning progress.
36.70A.190 Technical assistance, procedural criteria, grants, and mediation services.
36.70A.200 Siting of essential public facilities—Limitation on liability.
36.70A.210 County-wide planning policies.
36.70A.215 Review and evaluation program.
36.70A.250 Growth management hearings boards.
36.70A.260 Growth management hearings boards—Qualifications.
36.70A.270 Growth management hearings boards—Conduct, procedure,
and compensation.
36.70A.280 Matters subject to board review.
36.70A.290 Petitions to growth management hearings boards—Evidence.
36.70A.295 Direct judicial review.
36.70A.300 Final orders.
36.70A.302 Determination of invalidity—Vesting of development permits—Interim controls.
36.70A.305 Expedited review.
36.70A.310 Limitations on appeal by the state.
36.70A.320 Presumption of validity—Burden of proof—Plans and regulations.
36.70A.3201 Intent—Finding—1997 c 429 § 20(3).
36.70A.330 Noncompliance.
36.70A.335 Order of invalidity issued before July 27, 1997.
36.70A.340 Noncompliance and sanctions.
36.70A.345 Sanctions.
36.70A.350 New fully contained communities.
36.70A.360 Master planned resorts.
36.70A.362 Master planned resorts—Existing resort may be included.
36.70A.365 Major industrial developments.
36.70A.367 Major industrial developments—Master planned locations.
36.70A.368 Major industrial developments—Master planned locations—
Reclaimed surface coal mine sites.
36.70A.370 Protection of private property.
36.70A.380 Extension of designation date.
36.70A.385 Environmental planning pilot projects.
[Title 36 RCW—page 183]
36.70A.010
Title 36 RCW: Counties
36.70A.390
Moratoria, interim zoning controls—Public hearing—Limitation on length—Exceptions.
36.70A.400 Accessory apartments.
36.70A.410 Treatment of residential structures occupied by persons with
handicaps.
36.70A.420 Transportation projects—Findings—Intent.
36.70A.430 Transportation projects—Collaborative review process.
36.70A.450 Family day-care provider’s home facility—County or city
may not prohibit in residential or commercial area—Conditions.
36.70A.460 Watershed restoration projects—Permit processing—Fish
habitat enhancement project.
36.70A.470 Project review—Amendment suggestion procedure—Definitions.
36.70A.480 Shorelines of the state.
36.70A.481 Construction—Chapter 347, Laws of 1995.
36.70A.490 Growth management planning and environmental review
fund—Established.
36.70A.500 Growth management planning and environmental review
fund—Awarding of grants—Procedures.
36.70A.510 General aviation airports.
36.70A.520 National historic towns—Designation.
36.70A.530 Land use development incompatible with military installation not allowed—Revision of comprehensive plans and
development regulations.
36.70A.540 Affordable housing incentive programs—Low-income housing units.
36.70A.550 Aquifer conservation zones.
36.70A.560 Viability of agricultural lands—Deferral requirements—Definition.
36.70A.5601 Viability of agricultural lands—Ruckelshaus Center examination, report.
36.70A.570 Regulation of forest practices.
36.70A.580 Climate change mitigation—Advisory methodologies, computer programs, and estimates—Vehicle miles traveled.
36.70A.5801 Global warming mitigation and adaptation program—
Report.
36.70A.800 Role of growth strategies commission.
36.70A.900 Severability—1990 1st ex.s. c 17.
36.70A.901 Part, section headings not law—1990 1st ex.s. c 17.
36.70A.902 Section headings not law—1991 sp.s. c 32.
Agricultural lands—Legislative directive of growth management act: See
note following RCW 7.48.305.
Building permits—Evidence of adequate water supply required: RCW
19.27.097.
Expediting completion of industrial projects of statewide significance—
Requirements of agreements: RCW 43.157.020.
Impact fees: RCW 82.02.050 through 82.02.100.
Population forecasts: RCW 43.62.035.
Regional transportation planning: Chapter 47.80 RCW.
Subdivision and short subdivision requirements: RCW 58.17.060,
58.17.110.
36.70A.010 Legislative findings. The legislature finds
that uncoordinated and unplanned growth, together with a
lack of common goals expressing the public’s interest in the
conservation and the wise use of our lands, pose a threat to
the environment, sustainable economic development, and the
health, safety, and high quality of life enjoyed by residents of
this state. It is in the public interest that citizens, communities, local governments, and the private sector cooperate and
coordinate with one another in comprehensive land use planning. Further, the legislature finds that it is in the public interest that economic development programs be shared with
communities experiencing insufficient economic growth.
[1990 1st ex.s. c 17 § 1.]
36.70A.010
36.70A.011 Findings—Rural lands. The legislature
finds that this chapter is intended to recognize the importance
of rural lands and rural character to Washington’s economy,
its people, and its environment, while respecting regional differences. Rural lands and rural-based economies enhance the
36.70A.011
[Title 36 RCW—page 184]
economic desirability of the state, help to preserve traditional
economic activities, and contribute to the state’s overall quality of life.
The legislature finds that to retain and enhance the job
base in rural areas, rural counties must have flexibility to create opportunities for business development. Further, the legislature finds that rural counties must have the flexibility to
retain existing businesses and allow them to expand. The legislature recognizes that not all business developments in rural
counties require an urban level of services; and that many
businesses in rural areas fit within the definition of rural character identified by the local planning unit.
Finally, the legislature finds that in defining its rural element under RCW 36.70A.070(5), a county should foster land
use patterns and develop a local vision of rural character that
will: Help preserve rural-based economies and traditional
rural lifestyles; encourage the economic prosperity of rural
residents; foster opportunities for small-scale, rural-based
employment and self-employment; permit the operation of
rural-based agricultural, commercial, recreational, and tourist
businesses that are consistent with existing and planned land
use patterns; be compatible with the use of the land by wildlife and for fish and wildlife habitat; foster the private stewardship of the land and preservation of open space; and
enhance the rural sense of community and quality of life.
[2002 c 212 § 1.]
36.70A.020 Planning goals. The following goals are
adopted to guide the development and adoption of comprehensive plans and development regulations of those counties
and cities that are required or choose to plan under RCW
36.70A.040. The following goals are not listed in order of
priority and shall be used exclusively for the purpose of guiding the development of comprehensive plans and development regulations:
(1) Urban growth. Encourage development in urban
areas where adequate public facilities and services exist or
can be provided in an efficient manner.
(2) Reduce sprawl. Reduce the inappropriate conversion
of undeveloped land into sprawling, low-density development.
(3) Transportation. Encourage efficient multimodal
transportation systems that are based on regional priorities
and coordinated with county and city comprehensive plans.
(4) Housing. Encourage the availability of affordable
housing to all economic segments of the population of this
state, promote a variety of residential densities and housing
types, and encourage preservation of existing housing stock.
(5) Economic development. Encourage economic development throughout the state that is consistent with adopted
comprehensive plans, promote economic opportunity for all
citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of
existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities
of the state’s natural resources, public services, and public
facilities.
(6) Property rights. Private property shall not be taken
for public use without just compensation having been made.
36.70A.020
(2008 Ed.)
Growth Management—Planning by Selected Counties and Cities
The property rights of landowners shall be protected from
arbitrary and discriminatory actions.
(7) Permits. Applications for both state and local government permits should be processed in a timely and fair manner
to ensure predictability.
(8) Natural resource industries. Maintain and enhance
natural resource-based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses.
(9) Open space and recreation. Retain open space,
enhance recreational opportunities, conserve fish and wildlife
habitat, increase access to natural resource lands and water,
and develop parks and recreation facilities.
(10) Environment. Protect the environment and enhance
the state’s high quality of life, including air and water quality,
and the availability of water.
(11) Citizen participation and coordination. Encourage
the involvement of citizens in the planning process and
ensure coordination between communities and jurisdictions
to reconcile conflicts.
(12) Public facilities and services. Ensure that those public facilities and services necessary to support development
shall be adequate to serve the development at the time the
development is available for occupancy and use without
decreasing current service levels below locally established
minimum standards.
(13) Historic preservation. Identify and encourage the
preservation of lands, sites, and structures, that have historical or archaeological significance. [2002 c 154 § 1; 1990 1st
ex.s. c 17 § 2.]
36.70A.030 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Adopt a comprehensive land use plan" means to
enact a new comprehensive land use plan or to update an
existing comprehensive land use plan.
(2) "Agricultural land" means land primarily devoted to
the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of
berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by *RCW 84.33.100 through
84.33.140, finfish in upland hatcheries, or livestock, and that
has long-term commercial significance for agricultural production.
(3) "City" means any city or town, including a code city.
(4) "Comprehensive land use plan," "comprehensive
plan," or "plan" means a generalized coordinated land use
policy statement of the governing body of a county or city
that is adopted pursuant to this chapter.
(5) "Critical areas" include the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharging
effect on aquifers used for potable water; (c) fish and wildlife
habitat conservation areas; (d) frequently flooded areas; and
(e) geologically hazardous areas.
(6) "Department" means the department of community,
trade, and economic development.
(7) "Development regulations" or "regulation" means the
controls placed on development or land use activities by a
county or city, including, but not limited to, zoning ordi36.70A.030
(2008 Ed.)
36.70A.030
nances, critical areas ordinances, shoreline master programs,
official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances
together with any amendments thereto. A development regulation does not include a decision to approve a project permit
application, as defined in RCW 36.70B.020, even though the
decision may be expressed in a resolution or ordinance of the
legislative body of the county or city.
(8) "Forest land" means land primarily devoted to growing trees for long-term commercial timber production on land
that can be economically and practically managed for such
production, including Christmas trees subject to the excise
tax imposed under *RCW 84.33.100 through 84.33.140, and
that has long-term commercial significance. In determining
whether forest land is primarily devoted to growing trees for
long-term commercial timber production on land that can be
economically and practically managed for such production,
the following factors shall be considered: (a) The proximity
of the land to urban, suburban, and rural settlements; (b) surrounding parcel size and the compatibility and intensity of
adjacent and nearby land uses; (c) long-term local economic
conditions that affect the ability to manage for timber production; and (d) the availability of public facilities and services
conducive to conversion of forest land to other uses.
(9) "Geologically hazardous areas" means areas that
because of their susceptibility to erosion, sliding, earthquake,
or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent
with public health or safety concerns.
(10) "Long-term commercial significance" includes the
growing capacity, productivity, and soil composition of the
land for long-term commercial production, in consideration
with the land’s proximity to population areas, and the possibility of more intense uses of the land.
(11) "Minerals" include gravel, sand, and valuable
metallic substances.
(12) "Public facilities" include streets, roads, highways,
sidewalks, street and road lighting systems, traffic signals,
domestic water systems, storm and sanitary sewer systems,
parks and recreational facilities, and schools.
(13) "Public services" include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.
(14) "Recreational land" means land so designated under
**RCW 36.70A.1701 and that, immediately prior to this designation, was designated as agricultural land of long-term
commercial significance under RCW 36.70A.170. Recreational land must have playing fields and supporting facilities
existing before July 1, 2004, for sports played on grass playing fields.
(15) "Rural character" refers to the patterns of land use
and development established by a county in the rural element
of its comprehensive plan:
(a) In which open space, the natural landscape, and vegetation predominate over the built environment;
(b) That foster traditional rural lifestyles, rural-based
economies, and opportunities to both live and work in rural
areas;
(c) That provide visual landscapes that are traditionally
found in rural areas and communities;
[Title 36 RCW—page 185]
36.70A.035
Title 36 RCW: Counties
(d) That are compatible with the use of the land by wildlife and for fish and wildlife habitat;
(e) That reduce the inappropriate conversion of undeveloped land into sprawling, low-density development;
(f) That generally do not require the extension of urban
governmental services; and
(g) That are consistent with the protection of natural surface water flows and groundwater and surface water recharge
and discharge areas.
(16) "Rural development" refers to development outside
the urban growth area and outside agricultural, forest, and
mineral resource lands designated pursuant to RCW
36.70A.170. Rural development can consist of a variety of
uses and residential densities, including clustered residential
development, at levels that are consistent with the preservation of rural character and the requirements of the rural element. Rural development does not refer to agriculture or forestry activities that may be conducted in rural areas.
(17) "Rural governmental services" or "rural services"
include those public services and public facilities historically
and typically delivered at an intensity usually found in rural
areas, and may include domestic water systems, fire and
police protection services, transportation and public transit
services, and other public utilities associated with rural development and normally not associated with urban areas. Rural
services do not include storm or sanitary sewers, except as
otherwise authorized by RCW 36.70A.110(4).
(18) "Urban growth" refers to growth that makes intensive use of land for the location of buildings, structures, and
impermeable surfaces to such a degree as to be incompatible
with the primary use of land for the production of food, other
agricultural products, or fiber, or the extraction of mineral
resources, rural uses, rural development, and natural resource
lands designated pursuant to RCW 36.70A.170. A pattern of
more intensive rural development, as provided in RCW
36.70A.070(5)(d), is not urban growth. When allowed to
spread over wide areas, urban growth typically requires urban
governmental services. "Characterized by urban growth"
refers to land having urban growth located on it, or to land
located in relationship to an area with urban growth on it as to
be appropriate for urban growth.
(19) "Urban growth areas" means those areas designated
by a county pursuant to RCW 36.70A.110.
(20) "Urban governmental services" or "urban services"
include those public services and public facilities at an intensity historically and typically provided in cities, specifically
including storm and sanitary sewer systems, domestic water
systems, street cleaning services, fire and police protection
services, public transit services, and other public utilities
associated with urban areas and normally not associated with
rural areas.
(21) "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar
areas. Wetlands do not include those artificial wetlands
intentionally created from nonwetland sites, including, but
not limited to, irrigation and drainage ditches, grass-lined
swales, canals, detention facilities, wastewater treatment
[Title 36 RCW—page 186]
facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally
created as a result of the construction of a road, street, or
highway. Wetlands may include those artificial wetlands
intentionally created from nonwetland areas created to mitigate conversion of wetlands. [2005 c 423 § 2; 1997 c 429 §
3; 1995 c 382 § 9. Prior: 1994 c 307 § 2; 1994 c 257 § 5;
1990 1st ex.s. c 17 § 3.]
Reviser’s note: *(1) RCW 84.33.100 through 84.33.118 were repealed
or decodified by 2001 c 249 §§ 15 and 16. RCW 84.33.120 was repealed by
2001 c 249 § 16 and by 2003 c 170 § 7.
**(2) RCW 36.70A.1701 expired June 30, 2006.
Intent—2005 c 423: "The legislature recognizes the need for playing
fields and supporting facilities for sports played on grass as well as the need
to preserve agricultural land of long-term commercial significance. With
thoughtful and deliberate planning, and adherence to the goals and requirements of the growth management act, both needs can be met.
The legislature acknowledges the state’s interest in preserving the agricultural industry and family farms, and recognizes that the state’s rich and
productive lands enable agricultural production. Because of its unique qualities and limited quantities, designated agricultural land of long-term commercial significance is best suited for agricultural and farm uses, not recreational uses.
The legislature acknowledges also that certain local governments have
either failed or neglected to properly plan for population growth and the sufficient number of playing fields and supporting facilities needed to accommodate this growth. The legislature recognizes that citizens responded to
this lack of planning, fields, and supporting facilities by constructing nonconforming fields and facilities on agricultural lands of long-term commercial significance. It is the intent of the legislature to permit the continued
existence and use of these fields and facilities in very limited circumstances
if specific criteria are satisfied within a limited time frame. It is also the
intent of the legislature to grant this authorization without diminishing the
designation and preservation requirements of the growth management act
pertaining to Washington’s invaluable farmland." [2005 c 423 § 1.]
Effective date—2005 c 423: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 12, 2005]." [2005 c 423 § 7.]
Prospective application—1997 c 429 §§ 1-21: See note following
RCW 36.70A.3201.
Severability—1997 c 429: See note following RCW 36.70A.3201.
Finding—Intent—1994 c 307: "The legislature finds that it is in the
public interest to identify and provide long-term conservation of those productive natural resource lands that are critical to and can be managed economically and practically for long-term commercial production of food,
fiber, and minerals. Successful achievement of the natural resource industries’ goal set forth in RCW 36.70A.020 requires the conservation of a land
base sufficient in size and quality to maintain and enhance those industries
and the development and use of land use techniques that discourage uses
incompatible to the management of designated lands. The 1994 amendment
to RCW 36.70A.030(8) (section 2(8), chapter 307, Laws of 1994) is intended
to clarify legislative intent regarding the designation of forest lands and is
not intended to require every county that has already complied with the
interim forest land designation requirement of RCW 36.70A.170 to review
its actions until the adoption of its comprehensive plans and development
regulations as provided in RCW 36.70A.060(3)." [1994 c 307 § 1.]
Effective date—1994 c 257 § 5: "Section 5 of this act shall take effect
July 1, 1994." [1994 c 257 § 25.]
Severability—1994 c 257: See note following RCW 36.70A.270.
36.70A.035 Public participation—Notice provisions.
(1) The public participation requirements of this chapter shall
include notice procedures that are reasonably calculated to
provide notice to property owners and other affected and
interested individuals, tribes, government agencies, businesses, school districts, and organizations of proposed
amendments to comprehensive plans and development regulation. Examples of reasonable notice provisions include:
36.70A.035
(2008 Ed.)
Growth Management—Planning by Selected Counties and Cities
(a) Posting the property for site-specific proposals;
(b) Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is
located or that will be affected by the proposal;
(c) Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered;
(d) Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and
(e) Publishing notice in agency newsletters or sending
notice to agency mailing lists, including general lists or lists
for specific proposals or subject areas.
(2)(a) Except as otherwise provided in (b) of this subsection, if the legislative body for a county or city chooses to
consider a change to an amendment to a comprehensive plan
or development regulation, and the change is proposed after
the opportunity for review and comment has passed under the
county’s or city’s procedures, an opportunity for review and
comment on the proposed change shall be provided before
the local legislative body votes on the proposed change.
(b) An additional opportunity for public review and comment is not required under (a) of this subsection if:
(i) An environmental impact statement has been prepared under chapter 43.21C RCW for the pending resolution
or ordinance and the proposed change is within the range of
alternatives considered in the environmental impact statement;
(ii) The proposed change is within the scope of the alternatives available for public comment;
(iii) The proposed change only corrects typographical
errors, corrects cross-references, makes address or name
changes, or clarifies language of a proposed ordinance or resolution without changing its effect;
(iv) The proposed change is to a resolution or ordinance
making a capital budget decision as provided in RCW
36.70A.120; or
(v) The proposed change is to a resolution or ordinance
enacting a moratorium or interim control adopted under
RCW 36.70A.390.
(3) This section is prospective in effect and does not
apply to a comprehensive plan, development regulation, or
amendment adopted before July 27, 1997. [1999 c 315 § 708;
1997 c 429 § 9.]
Part headings and captions not law—1999 c 315: See RCW
28A.315.901.
Prospective application—1997 c 429 §§ 1-21: See note following
RCW 36.70A.3201.
Severability—1997 c 429: See note following RCW 36.70A.3201.
36.70A.040 Who must plan—Summary of requirements—Development regulations must implement comprehensive plans. (1) Each county that has both a population of fifty thousand or more and, until May 16, 1995, has
had its population increase by more than ten percent in the
previous ten years or, on or after May 16, 1995, has had its
population increase by more than seventeen percent in the
previous ten years, and the cities located within such county,
and any other county regardless of its population that has had
its population increase by more than twenty percent in the
previous ten years, and the cities located within such county,
shall conform with all of the requirements of this chapter.
36.70A.040
(2008 Ed.)
36.70A.040
However, the county legislative authority of such a county
with a population of less than fifty thousand population may
adopt a resolution removing the county, and the cities located
within the county, from the requirements of adopting comprehensive land use plans and development regulations under
this chapter if this resolution is adopted and filed with the
department by December 31, 1990, for counties initially
meeting this set of criteria, or within sixty days of the date the
office of financial management certifies that a county meets
this set of criteria under subsection (5) of this section. For the
purposes of this subsection, a county not currently planning
under this chapter is not required to include in its population
count those persons confined in a correctional facility under
the jurisdiction of the department of corrections that is
located in the county.
Once a county meets either of these sets of criteria, the
requirement to conform with all of the requirements of this
chapter remains in effect, even if the county no longer meets
one of these sets of criteria.
(2) The county legislative authority of any county that
does not meet either of the sets of criteria established under
subsection (1) of this section may adopt a resolution indicating its intention to have subsection (1) of this section apply to
the county. Each city, located in a county that chooses to plan
under this subsection, shall conform with all of the requirements of this chapter. Once such a resolution has been
adopted, the county and the cities located within the county
remain subject to all of the requirements of this chapter.
(3) Any county or city that is initially required to conform with all of the requirements of this chapter under subsection (1) of this section shall take actions under this chapter
as follows: (a) The county legislative authority shall adopt a
county-wide planning policy under RCW 36.70A.210; (b) the
county and each city located within the county shall designate critical areas, agricultural lands, forest lands, and mineral resource lands, and adopt development regulations conserving these designated agricultural lands, forest lands, and
mineral resource lands and protecting these designated critical areas, under RCW 36.70A.170 and 36.70A.060; (c) the
county shall designate and take other actions related to urban
growth areas under RCW 36.70A.110; (d) if the county has a
population of fifty thousand or more, the county and each city
located within the county shall adopt a comprehensive plan
under this chapter and development regulations that are consistent with and implement the comprehensive plan on or
before July 1, 1994, and if the county has a population of less
than fifty thousand, the county and each city located within
the county shall adopt a comprehensive plan under this chapter and development regulations that are consistent with and
implement the comprehensive plan by January 1, 1995, but if
the governor makes written findings that a county with a population of less than fifty thousand or a city located within
such a county is not making reasonable progress toward
adopting a comprehensive plan and development regulations
the governor may reduce this deadline for such actions to be
taken by no more than one hundred eighty days. Any county
or city subject to this subsection may obtain an additional six
months before it is required to have adopted its development
regulations by submitting a letter notifying the department of
community, trade, and economic development of its need
[Title 36 RCW—page 187]
36.70A.045
Title 36 RCW: Counties
prior to the deadline for adopting both a comprehensive plan
and development regulations.
(4) Any county or city that is required to conform with
all the requirements of this chapter, as a result of the county
legislative authority adopting its resolution of intention under
subsection (2) of this section, shall take actions under this
chapter as follows: (a) The county legislative authority shall
a d o pt a c ou n ty - w id e p la n n in g p o li cy u n de r RC W
36.70A.210; (b) the county and each city that is located
within the county shall adopt development regulations conserving agricultural lands, forest lands, and mineral resource
lands it designated under RCW 36.70A.060 within one year
of the date the county legislative authority adopts its resolution of intention; (c) the county shall designate and take other
actio ns related to urban gro wth areas under RCW
36.70A.110; and (d) the county and each city that is located
within the county shall adopt a comprehensive plan and
development regulations that are consistent with and implement the comprehensive plan not later than four years from
the date the county legislative authority adopts its resolution
of intention, but a county or city may obtain an additional six
months before it is required to have adopted its development
regulations by submitting a letter notifying the department of
community, trade, and economic development of its need
prior to the deadline for adopting both a comprehensive plan
and development regulations.
(5) If the office of financial management certifies that
the population of a county that previously had not been
required to plan under subsection (1) or (2) of this section has
changed sufficiently to meet either of the sets of criteria specified under subsection (1) of this section, and where applicable, the county legislative authority has not adopted a resolution removing the county from these requirements as provided in subsection (1) of this section, the county and each
city within such county shall take actions under this chapter
as follows: (a) The county legislative authority shall adopt a
county-wide planning policy under RCW 36.70A.210; (b) the
county and each city located within the county shall adopt
development regulations under RCW 36.70A.060 conserving
agricultural lands, forest lands, and mineral resource lands it
designated within one year of the certification by the office of
financial management; (c) the county shall designate and take
other actions related to urban growth areas under RCW
36.70A.110; and (d) the county and each city located within
the county shall adopt a comprehensive land use plan and
development regulations that are consistent with and implement the comprehensive plan within four years of the certification by the office of financial management, but a county or
city may obtain an additional six months before it is required
to have adopted its development regulations by submitting a
letter notifying the department of community, trade, and economic development of its need prior to the deadline for
adopting both a comprehensive plan and development regulations.
(6) A copy of each document that is required under this
section shall be submitted to the department at the time of its
adoption.
(7) Cities and counties planning under this chapter must
amend the transportation element of the comprehensive plan
to be in compliance with this chapter and chapter 47.80 RCW
[Title 36 RCW—page 188]
no later than December 31, 2000. [2000 c 36 § 1; 1998 c 171
§ 1; 1995 c 400 § 1; 1993 sp.s. c 6 § 1; 1990 1st ex.s. c 17 § 4.]
Effective date—1995 c 400: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 16, 1995]." [1995 c 400 § 6.]
Effective date—1993 sp.s. c 6: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect June 1,
1993." [1993 sp.s. c 6 § 7.]
36.70A.045 Phasing of comprehensive plan submittal. The department may adopt a schedule to permit phasing
of comprehensive plan submittal for counties and cities planning under RCW 36.70A.040. This schedule shall not permit
a comprehensive plan to be submitted greater than one hundred eighty days past the date that the plan was required to be
submitted and shall be used to facilitate expeditious review
and interjurisdictional coordination of comprehensive plans
and development regulations. [1991 sp.s. c 32 § 15.]
36.70A.045
36.70A.050 Guidelines to classify agriculture, forest,
and mineral lands and critical areas. (1) Subject to the definitions provided in RCW 36.70A.030, the department shall
adopt guidelines, under chapter 34.05 RCW, no later than
September 1, 1990, to guide the classification of: (a) Agricultural lands; (b) forest lands; (c) mineral resource lands;
and (d) critical areas. The department shall consult with the
department of agriculture regarding guidelines for agricultural lands, the department of natural resources regarding forest lands and mineral resource lands, and the department of
ecology regarding critical areas.
(2) In carrying out its duties under this section, the
department shall consult with interested parties, including but
not limited to: (a) Representatives of cities; (b) representatives of counties; (c) representatives of developers; (d) representatives of builders; (e) representatives of owners of agricultural lands, forest lands, and mining lands; (f) representatives of local economic development officials; (g)
representatives of environmental organizations; (h) representatives of special districts; (i) representatives of the governor’s office and federal and state agencies; and (j) representatives of Indian tribes. In addition to the consultation required
under this subsection, the department shall conduct public
hearings in the various regions of the state. The department
shall consider the public input obtained at such public hearings when adopting the guidelines.
(3) The guidelines under subsection (1) of this section
shall be minimum guidelines that apply to all jurisdictions,
but also shall allow for regional differences that exist in
Washington state. The intent of these guidelines is to assist
counties and cities in designating the classification of agricultural lands, forest lands, mineral resource lands, and critical
areas under RCW 36.70A.170.
(4) The guidelines established by the department under
this section regarding classification of forest lands shall not
be inconsistent with guidelines adopted by the department of
natural resources. [1990 1st ex.s. c 17 § 5.]
36.70A.050
36.70A.060 Natural resource lands and critical
areas—Development regulations. (1)(a) Except as pro36.70A.060
(2008 Ed.)
Growth Management—Planning by Selected Counties and Cities
vided in *RCW 36.70A.1701, each county that is required or
chooses to plan under RCW 36.70A.040, and each city within
such county, shall adopt development regulations on or
before September 1, 1991, to assure the conservation of agricultural, forest, and mineral resource lands designated under
RCW 36.70A.170. Regulations adopted under this subsection may not prohibit uses legally existing on any parcel prior
to their adoption and shall remain in effect until the county or
city adopts development regulations pursuant to RCW
36.70A.040. Such regulations shall assure that the use of
lands adjacent to agricultural, forest, or mineral resource
lands shall not interfere with the continued use, in the accustomed manner and in accordance with best management
practices, of these designated lands for the production of
food, agricultural products, or timber, or for the extraction of
minerals.
(b) Counties and cities shall require that all plats, short
plats, development permits, and building permits issued for
development activities on, or within five hundred feet of,
lands designated as agricultural lands, forest lands, or mineral
resource lands, contain a notice that the subject property is
within or near designated agricultural lands, forest lands, or
mineral resource lands on which a variety of commercial
activities may occur that are not compatible with residential
development for certain periods of limited duration. The
notice for mineral resource lands shall also inform that an
application might be made for mining-related activities,
including mining, extraction, washing, crushing, stockpiling,
blasting, transporting, and recycling of minerals.
(2) Each county and city shall adopt development regulations that protect critical areas that are required to be designated under RCW 36.70A.170. For counties and cities that
are required or choose to plan under RCW 36.70A.040, such
development regulations shall be adopted on or before September 1, 1991. For the remainder of the counties and cities,
such development regulations shall be adopted on or before
March 1, 1992.
(3) Such counties and cities shall review these designations and development regulations when adopting their comprehensive plans under RCW 36.70A.040 and implementing
development regulations under RCW 36.70A.120 and may
alter such designations and development regulations to insure
consistency.
(4) Forest land and agricultural land located within urban
growth areas shall not be designated by a county or city as
forest land or agricultural land of long-term commercial significance under RCW 36.70A.170 unless the city or county
has enacted a program authorizing transfer or purchase of
development rights. [2005 c 423 § 3; 1998 c 286 § 5; 1991
sp.s. c 32 § 21; 1990 1st ex.s. c 17 § 6.]
*Reviser’s note: RCW 36.70A.1701 expired June 30, 2006.
Intent—Effective date—2005 c 423: See notes following RCW
36.70A.030.
36.70A.070 Comprehensive plans—Mandatory elements. The comprehensive plan of a county or city that is
required or chooses to plan under RCW 36.70A.040 shall
consist of a map or maps, and descriptive text covering objectives, principles, and standards used to develop the comprehensive plan. The plan shall be an internally consistent document and all elements shall be consistent with the future
36.70A.070
(2008 Ed.)
36.70A.070
land use map. A comprehensive plan shall be adopted and
amended with public participation as provided in RCW
36.70A.140.
Each comprehensive plan shall include a plan, scheme,
or design for each of the following:
(1) A land use element designating the proposed general
distribution and general location and extent of the uses of
land, where appropriate, for agriculture, timber production,
housing, commerce, industry, recreation, open spaces, general aviation airports, public utilities, public facilities, and
other land uses. The land use element shall include population densities, building intensities, and estimates of future
population growth. The land use element shall provide for
protection of the quality and quantity of groundwater used for
public water supplies. Wherever possible, the land use element should consider utilizing urban planning approaches
that promote physical activity. Where applicable, the land
use element shall review drainage, flooding, and storm water
run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget
Sound or waters entering Puget Sound.
(2) A housing element ensuring the vitality and character
of established residential neighborhoods that: (a) Includes an
inventory and analysis of existing and projected housing
needs that identifies the number of housing units necessary to
manage projected growth; (b) includes a statement of goals,
policies, objectives, and mandatory provisions for the preservation, improvement, and development of housing, including
single-family residences; (c) identifies sufficient land for
housing, including, but not limited to, government-assisted
housing, housing for low-income families, manufactured
housing, multifamily housing, and group homes and foster
care facilities; and (d) makes adequate provisions for existing
and projected needs of all economic segments of the community.
(3) A capital facilities plan element consisting of: (a) An
inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities; (b) a forecast of the future needs for such capital facilities; (c) the proposed locations and capacities of expanded or
new capital facilities; (d) at least a six-year plan that will
finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such
purposes; and (e) a requirement to reassess the land use element if probable funding falls short of meeting existing needs
and to ensure that the land use element, capital facilities plan
element, and financing plan within the capital facilities plan
element are coordinated and consistent. Park and recreation
facilities shall be included in the capital facilities plan element.
(4) A utilities element consisting of the general location,
proposed location, and capacity of all existing and proposed
utilities, including, but not limited to, electrical lines, telecommunication lines, and natural gas lines.
(5) Rural element. Counties shall include a rural element
including lands that are not designated for urban growth,
agriculture, forest, or mineral resources. The following provisions shall apply to the rural element:
(a) Growth management act goals and local circumstances. Because circumstances vary from county to county,
[Title 36 RCW—page 189]
36.70A.070
Title 36 RCW: Counties
in establishing patterns of rural densities and uses, a county
may consider local circumstances, but shall develop a written
record explaining how the rural element harmonizes the planning goals in RCW 36.70A.020 and meets the requirements
of this chapter.
(b) Rural development. The rural element shall permit
rural development, forestry, and agriculture in rural areas.
The rural element shall provide for a variety of rural densities, uses, essential public facilities, and rural governmental
services needed to serve the permitted densities and uses. To
achieve a variety of rural densities and uses, counties may
provide for clustering, density transfer, design guidelines,
conservation easements, and other innovative techniques that
will accommodate appropriate rural densities and uses that
are not characterized by urban growth and that are consistent
with rural character.
(c) Measures governing rural development. The rural
element shall include measures that apply to rural development and protect the rural character of the area, as established
by the county, by:
(i) Containing or otherwise controlling rural development;
(ii) Assuring visual compatibility of rural development
with the surrounding rural area;
(iii) Reducing the inappropriate conversion of undeveloped land into sprawling, low-density development in the
rural area;
(iv) Protecting critical areas, as provided in RCW
36.70A.060, and surface water and groundwater resources;
and
(v) Protecting against conflicts with the use of agricultural, forest, and mineral resource lands designated under
RCW 36.70A.170.
(d) Limited areas of more intensive rural development.
Subject to the requirements of this subsection and except as
otherwise specifically provided in this subsection (5)(d), the
rural element may allow for limited areas of more intensive
rural development, including necessary public facilities and
public services to serve the limited area as follows:
(i) Rural development consisting of the infill, development, or redevelopment of existing commercial, industrial,
residential, or mixed-use areas, whether characterized as
shoreline development, villages, hamlets, rural activity centers, or crossroads developments.
(A) A commercial, industrial, residential, shoreline, or
mixed-use area shall be subject to the requirements of (d)(iv)
of this subsection, but shall not be subject to the requirements
of (c)(ii) and (iii) of this subsection.
(B) Any development or redevelopment other than an
industrial area or an industrial use within a mixed-use area or
an industrial area under this subsection (5)(d)(i) must be principally designed to serve the existing and projected rural population.
(C) Any development or redevelopment in terms of
building size, scale, use, or intensity shall be consistent with
the character of the existing areas. Development and redevelopment may include changes in use from vacant land or a
previously existing use so long as the new use conforms to
the requirements of this subsection (5);
(ii) The intensification of development on lots containing, or new development of, small-scale recreational or tour[Title 36 RCW—page 190]
ist uses, including commercial facilities to serve those recreational or tourist uses, that rely on a rural location and setting,
but that do not include new residential development. A
small-scale recreation or tourist use is not required to be principally designed to serve the existing and projected rural population. Public services and public facilities shall be limited
to those necessary to serve the recreation or tourist use and
shall be provided in a manner that does not permit low-density sprawl;
(iii) The intensification of development on lots containing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses
that are not principally designed to serve the existing and projected rural population and nonresidential uses, but do provide job opportunities for rural residents. Rural counties may
allow the expansion of small-scale businesses as long as
those small-scale businesses conform with the rural character
of the area as defined by the local government according to
*RCW 36.70A.030(14). Rural counties may also allow new
small-scale businesses to utilize a site previously occupied by
an existing business as long as the new small-scale business
conforms to the rural character of the area as defined by the
local government according to *RCW 36.70A.030(14). Public services and public facilities shall be limited to those necessary to serve the isolated nonresidential use and shall be
provided in a manner that does not permit low-density
sprawl;
(iv) A county shall adopt measures to minimize and contain the existing areas or uses of more intensive rural development, as appropriate, authorized under this subsection.
Lands included in such existing areas or uses shall not extend
beyond the logical outer boundary of the existing area or use,
thereby allowing a new pattern of low-density sprawl. Existing areas are those that are clearly identifiable and contained
and where there is a logical boundary delineated predominately by the built environment, but that may also include
undeveloped lands if limited as provided in this subsection.
The county shall establish the logical outer boundary of an
area of more intensive rural development. In establishing the
logical outer boundary the county shall address (A) the need
to preserve the character of existing natural neighborhoods
and communities, (B) physical boundaries such as bodies of
water, streets and highways, and land forms and contours, (C)
the prevention of abnormally irregular boundaries, and (D)
the ability to provide public facilities and public services in a
manner that does not permit low-density sprawl;
(v) For purposes of (d) of this subsection, an existing
area or existing use is one that was in existence:
(A) On July 1, 1990, in a county that was initially
required to plan under all of the provisions of this chapter;
(B) On the date the county adopted a resolution under
RCW 36.70A.040(2), in a county that is planning under all of
the provisions of this chapter under RCW 36.70A.040(2); or
(C) On the date the office of financial management certif ie s th e c ou n ty ’s po p ulat ion a s p r ov id e d i n R CW
36.70A.040(5), in a county that is planning under all of the
provisions of this chapter pursuant to RCW 36.70A.040(5).
(e) Exception. This subsection shall not be interpreted to
permit in the rural area a major industrial development or a
master planned resort unless otherwise specifically permitted
under RCW 36.70A.360 and 36.70A.365.
(2008 Ed.)
Growth Management—Planning by Selected Counties and Cities
(6) A transportation element that implements, and is consistent with, the land use element.
(a) The transportation element shall include the following subelements:
(i) Land use assumptions used in estimating travel;
(ii) Estimated traffic impacts to state-owned transportation facilities resulting from land use assumptions to assist
the department of transportation in monitoring the performance of state facilities, to plan improvements for the facilities, and to assess the impact of land-use decisions on stateowned transportation facilities;
(iii) Facilities and services needs, including:
(A) An inventory of air, water, and ground transportation
facilities and services, including transit alignments and general aviation airport facilities, to define existing capital facilities and travel levels as a basis for future planning. This
inventory must include state-owned transportation facilities
within the city or county’s jurisdictional boundaries;
(B) Level of service standards for all locally owned arterials and transit routes to serve as a gauge to judge performance of the system. These standards should be regionally
coordinated;
(C) For state-owned transportation facilities, level of service standards for highways, as prescribed in chapters 47.06
and 47.80 RCW, to gauge the performance of the system.
The purposes of reflecting level of service standards for state
highways in the local comprehensive plan are to monitor the
performance of the system, to evaluate improvement strategies, and to facilitate coordination between the county’s or
city’s six-year street, road, or transit program and the department of transportation’s six-year investment program. The
concurrency requirements of (b) of this subsection do not
apply to transportation facilities and services of statewide
significance except for counties consisting of islands whose
only connection to the mainland are state highways or ferry
routes. In these island counties, state highways and ferry
route capacity must be a factor in meeting the concurrency
requirements in (b) of this subsection;
(D) Specific actions and requirements for bringing into
compliance locally owned transportation facilities or services
that are below an established level of service standard;
(E) Forecasts of traffic for at least ten years based on the
adopted land use plan to provide information on the location,
timing, and capacity needs of future growth;
(F) Identification of state and local system needs to meet
current and future demands. Identified needs on state-owned
transportation facilities must be consistent with the statewide
multimodal transportation plan required under chapter 47.06
RCW;
(iv) Finance, including:
(A) An analysis of funding capability to judge needs
against probable funding resources;
(B) A multiyear financing plan based on the needs identified in the comprehensive plan, the appropriate parts of
which shall serve as the basis for the six-year street, road, or
transit program required by RCW 35.77.010 for cities, RCW
36.81.121 for counties, and RCW 35.58.2795 for public
transportation systems. The multiyear financing plan should
be coordinated with the six-year improvement program
developed by the department of transportation as required by
**RCW 47.05.030;
(2008 Ed.)
36.70A.070
(C) If probable funding falls short of meeting identified
needs, a discussion of how additional funding will be raised,
or how land use assumptions will be reassessed to ensure that
level of service standards will be met;
(v) Intergovernmental coordination efforts, including an
assessment of the impacts of the transportation plan and land
use assumptions on the transportation systems of adjacent
jurisdictions;
(vi) Demand-management strategies;
(vii) Pedestrian and bicycle component to include collaborative efforts to identify and designate planned improvements for pedestrian and bicycle facilities and corridors that
address and encourage enhanced community access and promote healthy lifestyles.
(b) After adoption of the comprehensive plan by jurisdictions required to plan or who choose to plan under RCW
36.70A.040, local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a locally owned transportation facility to decline below the standards adopted in the
transportation element of the comprehensive plan, unless
transportation improvements or strategies to accommodate
the impacts of development are made concurrent with the
development. These strategies may include increased public
transportation service, ride sharing programs, demand management, and other transportation systems management strategies. For the purposes of this subsection (6) "concurrent
with the development" shall mean that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or
strategies within six years.
(c) The transportation element described in this subsection (6), and the six-year plans required by RCW 35.77.010
for cities, RCW 36.81.121 for counties, RCW 35.58.2795 for
public transportation systems, and **RCW 47.05.030 for the
state, must be consistent.
(7) An economic development element establishing local
goals, policies, objectives, and provisions for economic
growth and vitality and a high quality of life. The element
shall include: (a) A summary of the local economy such as
population, employment, payroll, sectors, businesses, sales,
and other information as appropriate; (b) a summary of the
strengths and weaknesses of the local economy defined as the
commercial and industrial sectors and supporting factors
such as land use, transportation, utilities, education, workforce, housing, and natural/cultural resources; and (c) an
identification of policies, programs, and projects to foster
economic growth and development and to address future
needs. A city that has chosen to be a residential community
is exempt from the economic development element requirement of this subsection.
(8) A park and recreation element that implements, and
is consistent with, the capital facilities plan element as it
relates to park and recreation facilities. The element shall
include: (a) Estimates of park and recreation demand for at
least a ten-year period; (b) an evaluation of facilities and service needs; and (c) an evaluation of intergovernmental coordination opportunities to provide regional approaches for
meeting park and recreational demand.
(9) It is the intent that new or amended elements required
after January 1, 2002, be adopted concurrent with the sched[Title 36 RCW—page 191]
36.70A.080
Title 36 RCW: Counties
uled update provided in RCW 36.70A.130. Requirements to
incorporate any such new or amended elements shall be null
and void until funds sufficient to cover applicable local government costs are appropriated and distributed by the state at
least two years before local government must update comprehensive plans as required in RCW 36.70A.130. [2005 c 360
§ 2; (2005 c 477 § 1 expired August 31, 2005); 2004 c 196 §
1; 2003 c 152 § 1. Prior: 2002 c 212 § 2; 2002 c 154 § 2;
1998 c 171 § 2; 1997 c 429 § 7; 1996 c 239 § 1; prior: 1995
c 400 § 3; 1995 c 377 § 1; 1990 1st ex.s. c 17 § 7.]
Reviser’s note: *(1) RCW 36.70A.030 was amended by 2005 c 423 §
2, changing subsection (14) to subsection (15).
**(2) RCW 47.05.030 was amended by 2005 c 319 § 9, changing the
six-year improvement program to a ten-year improvement program.
Expiration date—2005 c 477 § 1: "Section 1 of this act expires August
31, 2005." [2005 c 477 § 3.]
Effective date—2005 c 477: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 13, 2005]." [2005 c 477 § 2.]
Findings—Intent—2005 c 360: "The legislature finds that regular
physical activity is essential to maintaining good health and reducing the
rates of chronic disease. The legislature further finds that providing opportunities for walking, biking, horseback riding, and other regular forms of
exercise is best accomplished through collaboration between the private sector and local, state, and institutional policymakers. This collaboration can
build communities where people find it easy and safe to be physically active.
It is the intent of the legislature to promote policy and planning efforts that
increase access to inexpensive or free opportunities for regular exercise in all
communities around the state." [2005 c 360 § 1.]
Prospective application—1997 c 429 §§ 1-21: See note following
RCW 36.70A.3201.
Severability—1997 c 429: See note following RCW 36.70A.3201.
Construction—Application—1995 c 400: "A comprehensive plan
adopted or amended before May 16, 1995, shall be considered to be in compliance with RCW 36.70A.070 or 36.70A.110, as in effect before their
amendment by this act, if the comprehensive plan is in compliance with
RCW 36.70A.070 and 36.70A.110 as amended by this act. This section shall
not be construed to alter the relationship between a county-wide planning
policy and comprehensive plans as specified under RCW 36.70A.210.
As to any appeal relating to compliance with RCW 36.70A.070 or
36.70A.110 pending before a growth management hearings board on May
16, 1995, the board may take up to an additional ninety days to resolve such
appeal. By mutual agreement of all parties to the appeal, this additional
ninety-day period may be extended." [1995 c 400 § 4.]
Effective date—1995 c 400: See note following RCW 36.70A.040.
36.70A.080 Comprehensive plans—Optional elements. (1) A comprehensive plan may include additional
elements, items, or studies dealing with other subjects relating to the physical development within its jurisdiction,
including, but not limited to:
(a) Conservation;
(b) Solar energy; and
(c) Recreation.
(2) A comprehensive plan may include, where appropriate, subarea plans, each of which is consistent with the comprehensive plan. [1990 1st ex.s. c 17 § 8.]
36.70A.080
36.70A.090 Comprehensive plans—Innovative techniques. A comprehensive plan should provide for innovative
land use management techniques, including, but not limited
to, density bonuses, cluster housing, planned unit developments, and the transfer of development rights. [1990 1st ex.s.
c 17 § 9.]
36.70A.090
[Title 36 RCW—page 192]
36.70A.100 Comprehensive plans—Must be coordinated. The comprehensive plan of each county or city that is
adopted pursuant to RCW 36.70A.040 shall be coordinated
with, and consistent with, the comprehensive plans adopted
pursuant to RCW 36.70A.040 of other counties or cities with
which the county or city has, in part, common borders or
related regional issues. [1990 1st ex.s. c 17 § 10.]
36.70A.100
36.70A.103 State agencies required to comply with
comprehensive plans. State agencies shall comply with the
local comprehensive plans and development regulations and
amendments thereto adopted pursuant to this chapter except
as otherwise provided in RCW 71.09.250 (1) through (3),
71.09.342, and 72.09.333.
The provisions of chapter 12, Laws of 2001 2nd sp. sess.
do not affect the state’s authority to site any other essential
public facility under RCW 36.70A.200 in conformance with
local comprehensive plans and development regulations
adopted pursuant to chapter 36.70A RCW. [2002 c 68 § 15;
2001 2nd sp.s. c 12 § 203; 1991 sp.s. c 32 § 4.]
36.70A.103
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
36.70A.106 Comprehensive plans—Development
regulations—Transmittal to state—Amendments—Expedited review. (1) Each county and city proposing adoption
of a comprehensive plan or development regulations under
this chapter shall notify the department of its intent to adopt
such plan or regulations at least sixty days prior to final adoption. State agencies including the department may provide
comments to the county or city on the proposed comprehensive plan, or proposed development regulations, during the
public review process prior to adoption.
(2) Each county and city planning under this chapter
shall transmit a complete and accurate copy of its comprehensive plan or development regulations to the department
within ten days after final adoption.
(3)(a) Any amendments for permanent changes to a comprehensive plan or development regulation that are proposed
by a county or city to its adopted plan or regulations shall be
submitted to the department in the same manner as initial
plans and development regulations under this section. Any
amendments to a comprehensive plan or development regulations that are adopted by a county or city shall be transmitted
to the department in the same manner as the initial plans and
regulations under this section.
(b) Each county and city planning under this chapter may
request expedited review for any amendments for permanent
changes to a development regulation. Upon receiving a
request for expedited review, and after consultation with
other state agencies, the department may grant expedited
review if the department determines that expedited review
does not compromise the state’s ability to provide timely
comments related to compliance with the goals and requirements of this chapter or on other matters of state interest. Cities and counties may adopt amendments for permanent
changes to a development regulation immediately following
the granting of the request for expedited review by the department. [2004 c 197 § 1; 1991 sp.s. c 32 § 8.]
36.70A.106
(2008 Ed.)
Growth Management—Planning by Selected Counties and Cities
36.70A.108 Comprehensive plans—Transportation
element—Multimodal transportation improvements and
strategies. (1) The transportation element required by RCW
36.70A.070 may include, in addition to improvements or
strategies to accommodate the impacts of development
authorized under RCW 36.70A.070(6)(b), multimodal transportation improvements or strategies that are made concurrent with the development. These transportation improvements or strategies may include, but are not limited to, measures implementing or evaluating:
(a) Multiple modes of transportation with peak and nonpeak hour capacity performance standards for locally owned
transportation facilities; and
(b) Modal performance standards meeting the peak and
nonpeak hour capacity performance standards.
(2) Nothing in this section or RCW 36.70A.070(6)(b)
shall be construed as prohibiting a county or city planning
under RCW 36.70A.040 from exercising existing authority to
develop multimodal improvements or strategies to satisfy the
concurrency requirements of this chapter.
(3) Nothing in this section is intended to affect or otherwise modify the authority of jurisdictions planning under
RCW 36.70A.040. [2005 c 328 § 1.]
36.70A.108
36.70A.110 Comprehensive plans—Urban growth
areas. (1) Each county that is required or chooses to plan
under RCW 36.70A.040 shall designate an urban growth area
or areas within which urban growth shall be encouraged and
outside of which growth can occur only if it is not urban in
nature. Each city that is located in such a county shall be
included within an urban growth area. An urban growth area
may include more than a single city. An urban growth area
may include territory that is located outside of a city only if
such territory already is characterized by urban growth
whether or not the urban growth area includes a city, or is
adjacent to territory already characterized by urban growth,
or is a designated new fully contained community as defined
by RCW 36.70A.350.
(2) Based upon the growth management population projection made for the county by the office of financial management, the county and each city within the county shall include
areas and densities sufficient to permit the urban growth that
is projected to occur in the county or city for the succeeding
twenty-year period, except for those urban growth areas contained totally within a national historical reserve.
Each urban growth area shall permit urban densities and
shall include greenbelt and open space areas. In the case of
urban growth areas contained totally within a national historical reserve, the city may restrict densities, intensities, and
forms of urban growth as determined to be necessary and
appropriate to protect the physical, cultural, or historic integrity of the reserve. An urban growth area determination may
include a reasonable land market supply factor and shall permit a range of urban densities and uses. In determining this
market factor, cities and counties may consider local circumstances. Cities and counties have discretion in their comprehensive plans to make many choices about accommodating
growth.
Within one year of July 1, 1990, each county that as of
June 1, 1991, was required or chose to plan under RCW
36.70A.040, shall begin consulting with each city located
36.70A.110
(2008 Ed.)
36.70A.110
within its boundaries and each city shall propose the location
of an urban growth area. Within sixty days of the date the
county legislative authority of a county adopts its resolution
of intention or of certification by the office of financial management, all other counties that are required or choose to plan
under RCW 36.70A.040 shall begin this consultation with
each city located within its boundaries. The county shall
attempt to reach agreement with each city on the location of
an urban growth area within which the city is located. If such
an agreement is not reached with each city located within the
urban growth area, the county shall justify in writing why it
so designated the area an urban growth area. A city may
object formally with the department over the designation of
the urban growth area within which it is located. Where
appropriate, the department shall attempt to resolve the conflicts, including the use of mediation services.
(3) Urban growth should be located first in areas already
characterized by urban growth that have adequate existing
public facility and service capacities to serve such development, second in areas already characterized by urban growth
that will be served adequately by a combination of both existing public facilities and services and any additional needed
public facilities and services that are provided by either public or private sources, and third in the remaining portions of
the urban growth areas. Urban growth may also be located in
designated new fully contained communities as defined by
RCW 36.70A.350.
(4) In general, cities are the units of local government
most appropriate to provide urban governmental services. In
general, it is not appropriate that urban governmental services
be extended to or expanded in rural areas except in those limited circumstances shown to be necessary to protect basic
public health and safety and the environment and when such
services are financially supportable at rural densities and do
not permit urban development.
(5) On or before October 1, 1993, each county that was
initially required to plan under RCW 36.70A.040(1) shall
adopt development regulations designating interim urban
growth areas under this chapter. Within three years and three
months of the date the county legislative authority of a county
adopts its resolution of intention or of certification by the
office of financial management, all other counties that are
required or choose to plan under RCW 36.70A.040 shall
adopt development regulations designating interim urban
growth areas under this chapter. Adoption of the interim
urban growth areas may only occur after public notice; public
hearing; and compliance with the state environmental policy
act, chapter 43.21C RCW, and RCW 36.70A.110. Such
action may be appealed to the appropriate growth management hearings board under RCW 36.70A.280. Final urban
growth areas shall be adopted at the time of comprehensive
plan adoption under this chapter.
(6) Each county shall include designations of urban
growth areas in its comprehensive plan.
(7) An urban growth area designated in accordance with
this section may include within its boundaries urban service
areas or potential annexation areas designated for specific cities or towns within the county. [2004 c 206 § 1; 2003 c 299
§ 5; 1997 c 429 § 24; 1995 c 400 § 2; 1994 c 249 § 27; 1993
sp.s. c 6 § 2; 1991 sp.s. c 32 § 29; 1990 1st ex.s. c 17 § 11.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
[Title 36 RCW—page 193]
36.70A.115
Title 36 RCW: Counties
Construction—Application—1995 c 400: See note following RCW
36.70A.070.
Effective date—1995 c 400: See note following RCW 36.70A.040.
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
Effective date—1993 sp.s. c 6: See note following RCW 36.70A.040.
36.70A.115 Comprehensive plans and development
regulations must provide sufficient land capacity for
development. Counties and cities that are required or choose
to plan under RCW 36.70A.040 shall ensure that, taken collectively, adoption of and amendments to their comprehensive plans and/or development regulations provide sufficient
capacity of land suitable for development within their jurisdictions to accommodate their allocated housing and employment growth, as adopted in the applicable countywide planning policies and consistent with the twenty-year population
forecast from the office of financial management. [2003 c
333 § 1.]
36.70A.115
36.70A.120 Planning activities and capital budget
decisions—Implementation in conformity with comprehensive plan. Each county and city that is required or
chooses to plan under RCW 36.70A.040 shall perform its
activities and make capital budget decisions in conformity
with its comprehensive plan. [1993 sp.s. c 6 § 3; 1990 1st
ex.s. c 17 § 12.]
36.70A.120
Effective date—1993 sp.s. c 6: See note following RCW 36.70A.040.
36.70A.130 Comprehensive plans—Review procedures and schedules—Amendments. (1)(a) Each comprehensive land use plan and development regulations shall be
subject to continuing review and evaluation by the county or
city that adopted them. Except as otherwise provided, a
county or city shall take legislative action to review and, if
needed, revise its comprehensive land use plan and development regulations to ensure the plan and regulations comply
with the requirements of this chapter according to the time
periods specified in subsection (4) of this section.
(b) Except as otherwise provided, a county or city not
planning under RCW 36.70A.040 shall take action to review
and, if needed, revise its policies and development regulations regarding critical areas and natural resource lands
adopted according to this chapter to ensure these policies and
regulations comply with the requirements of this chapter
according to the time periods specified in subsection (4) of
this section. Legislative action means the adoption of a resolution or ordinance following notice and a public hearing
indicating at a minimum, a finding that a review and evaluation has occurred and identifying the revisions made, or that
a revision was not needed and the reasons therefor.
(c) The review and evaluation required by this subsection may be combined with the review required by subsection
(3) of this section. The review and evaluation required by
this subsection shall include, but is not limited to, consideration of critical area ordinances and, if planning under RCW
36.70A.040, an analysis of the population allocated to a city
or county from the most recent ten-year population forecast
by the office of financial management.
(d) Any amendment of or revision to a comprehensive
land use plan shall conform to this chapter. Any amendment
36.70A.130
[Title 36 RCW—page 194]
of or revision to development regulations shall be consistent
with and implement the comprehensive plan.
(2)(a) Each county and city shall establish and broadly
disseminate to the public a public participation program consistent with RCW 36.70A.035 and 36.70A.140 that identifies
procedures and schedules whereby updates, proposed amendments, or revisions of the comprehensive plan are considered
by the governing body of the county or city no more frequently than once every year. "Updates" means to review
and revise, if needed, according to subsection (1) of this section, and the time periods specified in subsection (4) of this
section or in accordance with the provisions of subsections
(5) and (8) of this section. Amendments may be considered
more frequently than once per year under the following circumstances:
(i) The initial adoption of a subarea plan that does not
modify the comprehensive plan policies and designations
applicable to the subarea;
(ii) The adoption or amendment of a shoreline master
program under the procedures set forth in chapter 90.58
RCW;
(iii) The amendment of the capital facilities element of a
comprehensive plan that occurs concurrently with the adoption or amendment of a county or city budget;
(iv) Until June 30, 2006, the designation of recreational
lands under *RCW 36.70A.1701. A county amending its
comprehensive plan pursuant to this subsection (2)(a)(iv)
may not do so more frequently than every eighteen months;
and
(v) The adoption of comprehensive plan amendments
necessary to enact a planned action under RCW
43.21C.031(2), provided that amendments are considered in
accordance with the public participation program established
by the county or city under this subsection (2)(a) and all persons who have requested notice of a comprehensive plan
update are given notice of the amendments and an opportunity to comment.
(b) Except as otherwise provided in (a) of this subsection, all proposals shall be considered by the governing body
concurrently so the cumulative effect of the various proposals
can be ascertained. However, after appropriate public participation a county or city may adopt amendments or revisions
to its comprehensive plan that conform with this chapter
whenever an emergency exists or to resolve an appeal of a
comprehensive plan filed with a growth management hearings board or with the court.
(3)(a) Each county that designates urban growth areas
under RCW 36.70A.110 shall review, at least every ten years,
its designated urban growth area or areas, and the densities
permitted within both the incorporated and unincorporated
portions of each urban growth area. In conjunction with this
review by the county, each city located within an urban
growth area shall review the densities permitted within its
boundaries, and the extent to which the urban growth occurring within the county has located within each city and the
unincorporated portions of the urban growth areas.
(b) The county comprehensive plan designating urban
growth areas, and the densities permitted in the urban growth
areas by the comprehensive plans of the county and each city
located within the urban growth areas, shall be revised to
accommodate the urban growth projected to occur in the
(2008 Ed.)
Growth Management—Planning by Selected Counties and Cities
county for the succeeding twenty-year period. The review
required by this subsection may be combined with the review
and evaluation required by RCW 36.70A.215.
(4) The department shall establish a schedule for counties and cities to take action to review and, if needed, revise
their comprehensive plans and development regulations to
ensure the plan and regulations comply with the requirements
of this chapter. Except as provided in subsections (5) and (8)
of this section, the schedule established by the department
shall provide for the reviews and evaluations to be completed
as follows:
(a) On or before December 1, 2004, and every seven
years thereafter, for Clallam, Clark, Jefferson, King, Kitsap,
Pierce, Snohomish, Thurston, and Whatcom counties and the
cities within those counties;
(b) On or before December 1, 2005, and every seven
years thereafter, for Cowlitz, Island, Lewis, Mason, San Juan,
Skagit, and Skamania counties and the cities within those
counties;
(c) On or before December 1, 2006, and every seven
years thereafter, for Benton, Chelan, Douglas, Grant, Kittitas,
Spokane, and Yakima counties and the cities within those
counties; and
(d) On or before December 1, 2007, and every seven
years thereafter, for Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan,
Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla,
and Whitman counties and the cities within those counties.
(5)(a) Nothing in this section precludes a county or city
from conducting the review and evaluation required by this
section before the time limits established in subsection (4) of
this section. Counties and cities may begin this process early
and may be eligible for grants from the department, subject to
available funding, if they elect to do so.
(b) A county that is subject to a schedule established by
the department under subsection (4)(b) through (d) of this
section and meets the following criteria may comply with the
requirements of this section at any time within the thirty-six
months following the date established in the applicable
schedule: The county has a population of less than fifty thousand and has had its population increase by no more than seventeen percent in the ten years preceding the date established
in the applicable schedule as of that date.
(c) A city that is subject to a schedule established by the
department under subsection (4)(b) through (d) of this section
and meets the following criteria may comply with the
requirements of this section at any time within the thirty-six
months following the date established in the applicable
schedule: The city has a population of no more than five
thousand and has had its population increase by the greater of
either no more than one hundred persons or no more than seventeen percent in the ten years preceding the date established
in the applicable schedule as of that date.
(d) State agencies are encouraged to provide technical
assistance to the counties and cities in the review of critical
area ordinances, comprehensive plans, and development regulations.
(6) A county or city subject to the time periods in subsection (4)(a) of this section that, pursuant to an ordinance
adopted by the county or city establishing a schedule for periodic review of its comprehensive plan and development reg(2008 Ed.)
36.70A.130
ulations, has conducted a review and evaluation of its comprehensive plan and development regulations and, on or after
January 1, 2001, has taken action in response to that review
and evaluation shall be deemed to have conducted the first
review required by subsection (4)(a) of this section. Subsequent review and evaluation by the county or city of its comprehensive plan and development regulations shall be conducted in accordance with the time periods established under
subsection (4)(a) of this section.
(7) The requirements imposed on counties and cities
under this section shall be considered "requirements of this
chapter" under the terms of RCW 36.70A.040(1). Only those
counties and cities: (a) Complying with the schedules in this
section; (b) demonstrating substantial progress towards compliance with the schedules in this section for development
regulations that protect critical areas; or (c) complying with
the extension provisions of subsection (5)(b) or (c) of this
section may receive grants, loans, pledges, or financial guarantees from those accounts established in RCW 43.155.050
and 70.146.030. A county or city that is fewer than twelve
months out of compliance with the schedules in this section
for development regulations that protect critical areas is making substantial progress towards compliance. Only those
counties and cities in compliance with the schedules in this
section may receive preference for grants or loans subject to
the provisions of RCW 43.17.250.
(8) Except as provided in subsection (5)(b) and (c) of this
section:
(a) Counties and cities required to satisfy the requirements of this section according to the schedule established by
subsection (4)(b) through (d) of this section may comply with
the requirements of this section for development regulations
that protect critical areas one year after the dates established
in subsection (4)(b) through (d) of this section;
(b) Counties and cities complying with the requirements
of this section one year after the dates established in subsection (4)(b) through (d) of this section for development regulations that protect critical areas shall be deemed in compliance
with the requirements of this section; and
(c) This subsection (8) applies only to the counties and
cities specified in subsection (4)(b) through (d) of this section, and only to the requirements of this section for development regulations that protect critical areas that must be satisfied by December 1, 2005, December 1, 2006, and December
1, 2007.
(9) Notwithstanding subsection (8) of this section and
the substantial progress provisions of subsections (7) and
(10) of this section, only those counties and cities complying
with the schedule in subsection (4) of this section, or the
extension provisions of subsection (5)(b) or (c) of this section, may receive preferences for grants, loans, pledges, or
financial guarantees from those accounts established in RCW
43.155.050 and 70.146.030.
(10) Until December 1, 2005, and notwithstanding subsection (7) of this section, a county or city subject to the time
periods in subsection (4)(a) of this section demonstrating
substantial progress towards compliance with the schedules
in this section for its comprehensive land use plan and development regulations may receive grants, loans, pledges, or
financial guarantees from those accounts established in RCW
43.155.050 and 70.146.030. A county or city that is fewer
[Title 36 RCW—page 195]
36.70A.131
Title 36 RCW: Counties
than twelve months out of compliance with the schedules in
this section for its comprehensive land use plan and development regulations is deemed to be making substantial progress
towards compliance. [2006 c 285 § 2. Prior: 2005 c 423 § 6;
2005 c 294 § 2; 2002 c 320 § 1; 1997 c 429 § 10; 1995 c 347
§ 106; 1990 1st ex.s. c 17 § 13.]
*Reviser’s note: RCW 36.70A.1701 expired June 30, 2006.
Intent—2006 c 285: "There is a statewide interest in maintaining coordinated planning as called for in the legislative findings of the growth management act, RCW 36.70A.010. It is the intent of the legislature that smaller,
slower-growing counties and cities be provided with flexibility in meeting
the requirements to review local plans and development regulations in RCW
36.70A.130, while ensuring coordination and consistency with the plans of
neighboring cities and counties." [2006 c 285 § 1.]
Intent—Effective date—2005 c 423: See notes following RCW
36.70A.030.
Intent—2005 c 294: "The legislature recognizes the importance of
appropriate and meaningful land use measures and that such measures are
critical to preserving and fostering the quality of life enjoyed by Washingtonians. The legislature recognizes also that the growth management act
requires counties and cities to review and, if needed, revise their comprehensive plans and development regulations on a cyclical basis. These requirements, which often require significant compliance efforts by local governments are, in part, an acknowledgment of the continual changes that occur
within the state, and the need to ensure that land use measures reflect the collective wishes of its citizenry.
The legislature acknowledges that only those jurisdictions in compliance with the review and revision schedules of the growth management act
are eligible to receive funds from the public works assistance and water quality accounts in the state treasury. The legislature further recognizes that
some jurisdictions that are not yet in compliance with these review and revision schedules have demonstrated substantial progress towards compliance.
The legislature, therefore, intends to grant jurisdictions that are not in
compliance with requirements for development regulations that protect critical areas, but are demonstrating substantial progress towards compliance
with these requirements, twelve months of additional eligibility to receive
grants, loans, pledges, or financial guarantees from the public works assistance and water quality accounts in the state treasury. The legislature intends
to specify, however, that only counties and cities in compliance with the
review and revision schedules of the growth management act may receive
preference for financial assistance from these accounts." [2005 c 294 § 1.]
Effective date—2005 c 294: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 5, 2005]." [2005 c 294 § 3.]
Prospective application—1997 c 429 §§ 1-21: See note following
RCW 36.70A.3201.
Severability—1997 c 429: See note following RCW 36.70A.3201.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
RCW 36.70A.130(2) does not apply to master planned locations in industrial
land banks: RCW 36.70A.367(2)(c).
resources, the department of community, trade, and economic development, or the Washington state association of
counties. [1998 c 286 § 7.]
36.70A.140 Comprehensive plans—Ensure public
participation. Each county and city that is required or
chooses to plan under RCW 36.70A.040 shall establish and
broadly disseminate to the public a public participation program identifying procedures providing for early and continuous public participation in the development and amendment
of comprehensive land use plans and development regulations implementing such plans. The procedures shall provide
for broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective
notice, provision for open discussion, communication programs, information services, and consideration of and
response to public comments. In enacting legislation in
response to the board’s decision pursuant to RCW
36.70A.300 declaring part or all of a comprehensive plan or
development regulation invalid, the county or city shall provide for public participation that is appropriate and effective
under the circumstances presented by the board’s order.
Errors in exact compliance with the established program and
procedures shall not render the comprehensive land use plan
or development regulations invalid if the spirit of the program and procedures is observed. [1995 c 347 § 107; 1990
1st ex.s. c 17 § 14.]
36.70A.140
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
36.70A.150 Identification of lands useful for public
purposes. Each county and city that is required or chooses to
prepare a comprehensive land use plan under RCW
36.70A.040 shall identify lands useful for public purposes
such as utility corridors, transportation corridors, landfills,
sewage treatment facilities, storm water management facilities, recreation, schools, and other public uses. The county
shall work with the state and the cities within its borders to
identify areas of shared need for public facilities. The jurisdictions within the county shall prepare a prioritized list of
lands necessary for the identified public uses including an
estimated date by which the acquisition will be needed.
The respective capital acquisition budgets for each jurisdiction shall reflect the jointly agreed upon priorities and
time schedule. [1991 c 322 § 23; 1990 1st ex.s. c 17 § 15.]
36.70A.150
Findings—Intent—1991 c 322: See notes following RCW 86.12.200.
36.70A.131 Mineral resource lands—Review of
related designations and development regulations. As
part of the review required by RCW 36.70A.130(1), a county
or city shall review its mineral resource lands designations
adopted pursuant to RCW 36.70A.170 and mineral resource
lands development regulations adopted pursuant to RCW
36.70A.040 and 36.70A.060. In its review, the county or city
shall take into consideration:
(1) New information made available since the adoption
or last review of its designations or development regulations,
including data available from the department of natural
resources relating to mineral resource deposits; and
(2) New or modified model development regulations for
mineral resource lands prepared by the department of natural
36.70A.131
[Title 36 RCW—page 196]
36.70A.160 Identification of open space corridors—
Purchase authorized. Each county and city that is required
or chooses to prepare a comprehensive land use plan under
RCW 36.70A.040 shall identify open space corridors within
and between urban growth areas. They shall include lands
useful for recreation, wildlife habitat, trails, and connection
of critical areas as defined in RCW 36.70A.030. Identification of a corridor under this section by a county or city shall
not restrict the use or management of lands within the corridor for agricultural or forest purposes. Restrictions on the use
or management of such lands for agricultural or forest purposes imposed after identification solely to maintain or
enhance the value of such lands as a corridor may occur only
36.70A.160
(2008 Ed.)
Growth Management—Planning by Selected Counties and Cities
if the county or city acquires sufficient interest to prevent
development of the lands or to control the resource development of the lands. The requirement for acquisition of sufficient interest does not include those corridors regulated by
the interstate commerce commission, under provisions of 16
U.S.C. Sec. 1247(d), 16 U.S.C. Sec. 1248, or 43 U.S.C. Sec.
912. Nothing in this section shall be interpreted to alter the
authority of the state, or a county or city, to regulate land use
activities.
The city or county may acquire by donation or purchase
the fee simple or lesser interests in these open space corridors
using funds authorized by RCW 84.34.230 or other sources.
[1992 c 227 § 1; 1990 1st ex.s. c 17 § 16.]
36.70A.177
and values of critical areas. In addition, counties and cities
shall give special consideration to conservation or protection
measures necessary to preserve or enhance anadromous fisheries.
(2) If it determines that advice from scientific or other
experts is necessary or will be of substantial assistance in
reaching its decision, a growth management hearings board
may retain scientific or other expert advice to assist in
reviewing a petition under RCW 36.70A.290 that involves
critical areas. [1995 c 347 § 105.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
36.70A.175 Wetlands to be delineated in accordance
with manual. Wetlands regulated under development regulations adopted pursuant to this chapter shall be delineated in
accordance with the manual adopted by the department pursuant to RCW 90.58.380. [1995 c 382 § 12.]
36.70A.175
36.70A.165 Property designated as greenbelt or open
space—Not subject to adverse possession. The legislature
recognizes that the preservation of urban greenbelts is an
integral part of comprehensive growth management in Washington. The legislature further recognizes that certain greenbelts are subject to adverse possession action which, if carried out, threaten the comprehensive nature of this chapter.
Therefore, a party shall not acquire by adverse possession
property that is designated as a plat greenbelt or open space
area or that is dedicated as open space to a public agency or
to a bona fide homeowner’s association. [1997 c 429 § 41.]
36.70A.165
Severability—1997 c 429: See note following RCW 36.70A.3201.
36.70A.170 Natural resource lands and critical
areas—Designations. (1) On or before September 1, 1991,
each county, and each city, shall designate where appropriate:
(a) Agricultural lands that are not already characterized
by urban growth and that have long-term significance for the
commercial production of food or other agricultural products;
(b) Forest lands that are not already characterized by
urban growth and that have long-term significance for the
commercial production of timber;
(c) Mineral resource lands that are not already characterized by urban growth and that have long-term significance
for the extraction of minerals; and
(d) Critical areas.
(2) In making the designations required by this section,
counties and cities shall consider the guidelines established
pursuant to RCW 36.70A.050. [1990 1st ex.s. c 17 § 17.]
36.70A.170
36.70A.171 Playing fields—Compliance with this
chapter. In accordance with RCW 36.70A.030, 36.70A.060,
*36.70A.1701, and 36.70A.130, playing fields and supporting facilities existing before July 1, 2004, on designated recreational lands shall be considered in compliance with the
requirements of this chapter. [2005 c 423 § 5.]
36.70A.171
*Reviser’s note: RCW 36.70A.1701 expired June 30, 2006.
Intent—Effective date—2005 c 423: See notes following RCW
36.70A.030.
36.70A.172 Critical areas—Designation and protection—Best available science to be used. (1) In designating
and protecting critical areas under this chapter, counties and
cities shall include the best available science in developing
policies and development regulations to protect the functions
36.70A.172
(2008 Ed.)
36.70A.177 Agricultural lands—Innovative zoning
techniques—Accessory uses. (1) A county or a city may use
a variety of innovative zoning techniques in areas designated
as agricultural lands of long-term commercial significance
under RCW 36.70A.170. The innovative zoning techniques
should be designed to conserve agricultural lands and encourage the agricultural economy. Except as provided in subsection (3) of this section, a county or city should encourage
nonagricultural uses to be limited to lands with poor soils or
otherwise not suitable for agricultural purposes.
(2) Innovative zoning techniques a county or city may
consider include, but are not limited to:
(a) Agricultural zoning, which limits the density of
development and restricts or prohibits nonfarm uses of agricultural land and may allow accessory uses, including nonagricultural accessory uses and activities, that support, promote,
or sustain agricultural operations and production, as provided
in subsection (3) of this section;
(b) Cluster zoning, which allows new development on
one portion of the land, leaving the remainder in agricultural
or open space uses;
(c) Large lot zoning, which establishes as a minimum lot
size the amount of land necessary to achieve a successful
farming practice;
(d) Quarter/quarter zoning, which permits one residential dwelling on a one-acre minimum lot for each one-sixteenth of a section of land; and
(e) Sliding scale zoning, which allows the number of lots
for single-family residential purposes with a minimum lot
size of one acre to increase inversely as the size of the total
acreage increases.
(3) Accessory uses allowed under subsection (2)(a) of
this section shall comply with the following:
(a) Accessory uses shall be located, designed, and operated so as to not interfere with, and to support the continuation of, the overall agricultural use of the property and neighboring properties, and shall comply with the requirements of
this chapter;
(b) Accessory uses may include:
(i) Agricultural accessory uses and activities, including
but not limited to the storage, distribution, and marketing of
regional agricultural products from one or more producers,
36.70A.177
[Title 36 RCW—page 197]
36.70A.180
Title 36 RCW: Counties
agriculturally related experiences, or the production, marketing, and distribution of value-added agricultural products,
including support services that facilitate these activities; and
(ii) Nonagricultural accessory uses and activities as long
as they are consistent with the size, scale, and intensity of the
existing agricultural use of the property and the existing
buildings on the site. Nonagricultural accessory uses and
activities, including new buildings, parking, or supportive
uses, shall not be located outside the general area already
developed for buildings and residential uses and shall not
otherwise convert more than one acre of agricultural land to
nonagricultural uses; and
(c) Counties and cities have the authority to limit or
exclude accessory uses otherwise authorized in this subsection (3) in areas designated as agricultural lands of long-term
commercial significance.
(4) This section shall not be interpreted to limit agricultural production on designated agricultural lands. [2006 c
147 § 1; 2004 c 207 § 1; 1997 c 429 § 23.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
36.70A.180 Report on planning progress. (1) It is the
intent of the legislature that counties and cities required to
adopt a comprehensive plan under RCW 36.70A.040(1)
begin implementing this chapter on or before July 1, 1990,
including but not limited to: (a) Inventorying, designating,
and conserving agricultural, forest, and mineral resource
lands, and critical areas; and (b) considering the modification
or adoption of comprehensive land use plans and development regulations implementing the comprehensive land use
plans. It is also the intent of the legislature that funds be made
available to counties and cities beginning July 1, 1990, to
assist them in meeting the requirements of this chapter.
(2) Each county and city that adopts a plan under RCW
36.70A.040 (1) or (2) shall report to the department annually
for a period of five years, beginning on January 1, 1991, and
each five years thereafter, on the progress made by that
county or city in implementing this chapter. [1990 1st ex.s. c
17 § 19.]
36.70A.180
36.70A.190 Technical assistance, procedural criteria,
grants, and mediation services. (1) The department shall
establish a program of technical and financial assistance and
incentives to counties and cities to encourage and facilitate
the adoption and implementation of comprehensive plans and
development regulations throughout the state.
(2) The department shall develop a priority list and
establish funding levels for planning and technical assistance
grants both for counties and cities that plan under RCW
36.70A.040. Priority for assistance shall be based on a
county’s or city’s population growth rates, commercial and
industrial development rates, the existence and quality of a
comprehensive plan and development regulations, and other
relevant factors.
(3) The department shall develop and administer a grant
program to provide direct financial assistance to counties and
cities for the preparation of comprehensive plans under this
chapter. The department may establish provisions for county
and city matching funds to conduct activities under this subsection. Grants may be expended for any purpose directly
36.70A.190
[Title 36 RCW—page 198]
related to the preparation of a county or city comprehensive
plan as the county or city and the department may agree,
including, without limitation, the conducting of surveys,
inventories and other data gathering and management activities, the retention of planning consultants, contracts with
regional councils for planning and related services, and other
related purposes.
(4) The department shall establish a program of technical
assistance:
(a) Utilizing department staff, the staff of other state
agencies, and the technical resources of counties and cities to
help in the development of comprehensive plans required
under this chapter. The technical assistance may include, but
not be limited to, model land use ordinances, regional education and training programs, and information for local and
regional inventories; and
(b) Adopting by rule procedural criteria to assist counties
and cities in adopting comprehensive plans and development
regulations that meet the goals and requirements of this chapter. These criteria shall reflect regional and local variations
and the diversity that exists among different counties and cities that plan under this chapter.
(5) The department shall provide mediation services to
resolve disputes between counties and cities regarding,
among other things, coordination of regional issues and designation of urban growth areas.
(6) The department shall provide planning grants to
enhance citizen participation under RCW 36.70A.140. [1991
sp.s. c 32 § 3; 1990 1st ex.s. c 17 § 20.]
36.70A.200 Siting of essential public facilities—Limitation on liability. (1) The comprehensive plan of each
county and city that is planning under RCW 36.70A.040 shall
include a process for identifying and siting essential public
facilities. Essential public facilities include those facilities
that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities
as defined in RCW 47.06.140, state and local correctional
facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities
as defined in RCW 71.09.020.
(2) Each county and city planning under RCW
36.70A.040 shall, not later than September 1, 2002, establish
a process, or amend its existing process, for identifying and
siting essential public facilities and adopt or amend its development regulations as necessary to provide for the siting of
secure community transition facilities consistent with statutory requirements applicable to these facilities.
(3) Any city or county not planning under RCW
36.70A.040 shall, not later than September 1, 2002, establish
a process for siting secure community transition facilities and
adopt or amend its development regulations as necessary to
provide for the siting of such facilities consistent with statutory requirements applicable to these facilities.
(4) The office of financial management shall maintain a
list of those essential state public facilities that are required or
likely to be built within the next six years. The office of
financial management may at any time add facilities to the
list.
36.70A.200
(2008 Ed.)
Growth Management—Planning by Selected Counties and Cities
(5) No local comprehensive plan or development regulation may preclude the siting of essential public facilities.
(6) No person may bring a cause of action for civil damages based on the good faith actions of any county or city to
provide for the siting of secure community transition facilities in accordance with this section and with the requirements
of chapter 12, Laws of 2001 2nd sp. sess. For purposes of this
subsection, "person" includes, but is not limited to, any individual, agency as defined in RCW 42.17.020, corporation,
partnership, association, and limited liability entity.
(7) Counties or cities siting facilities pursuant to subsection (2) or (3) of this section shall comply with RCW
71.09.341.
(8) The failure of a county or city to act by the deadlines
established in subsections (2) and (3) of this section is not:
(a) A condition that would disqualify the county or city
for grants, loans, or pledges under RCW 43.155.070 or
70.146.070;
(b) A consideration for grants or loans provided under
RCW 43.17.250(2); or
(c) A basis for any petition under RCW 36.70A.280 or
for any private cause of action. [2002 c 68 § 2; 2001 2nd sp.s.
c 12 § 205; 1998 c 171 § 3; 1991 sp.s. c 32 § 1.]
Purpose—2002 c 68: "The purpose of this act is to:
(1) Enable the legislature to act upon the recommendations of the joint
select committee on the equitable distribution of secure community transition facilities established in section 225, chapter 12, Laws of 2001 2nd sp.
sess.; and
(2) Harmonize the preemption provisions in RCW 71.09.250 with the
preemption provisions applying to future secure community transition facilities to reflect the joint select committee’s recommendation that the preemption granted for future secure community transition facilities be the same
throughout the state." [2002 c 68 § 1.]
Severability—2002 c 68: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2002 c 68 § 19.]
Effective date—2002 c 68: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 21, 2002]." [2002 c 68 § 20.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
36.70A.210 County-wide planning policies. (1) The
legislature recognizes that counties are regional governments
within their boundaries, and cities are primary providers of
urban governmental services within urban growth areas. For
the purposes of this section, a "county-wide planning policy"
is a written policy statement or statements used solely for
establishing a county-wide framework from which county
and city comprehensive plans are developed and adopted pursuant to this chapter. This framework shall ensure that city
and county comprehensive plans are consistent as required in
RCW 36.70A.100. Nothing in this section shall be construed
to alter the land-use powers of cities.
(2) The legislative authority of a county that plans under
RCW 36.70A.040 shall adopt a county-wide planning policy
in cooperation with the cities located in whole or in part
within the county as follows:
(a) No later than sixty calendar days from July 16, 1991,
the legislative authority of each county that as of June 1,
1991, was required or chose to plan under RCW 36.70A.040
36.70A.210
(2008 Ed.)
36.70A.210
shall convene a meeting with representatives of each city
located within the county for the purpose of establishing a
collaborative process that will provide a framework for the
adoption of a county-wide planning policy. In other counties
that are required or choose to plan under RCW 36.70A.040,
this meeting shall be convened no later than sixty days after
the date the county adopts its resolution of intention or was
certified by the office of financial management.
(b) The process and framework for adoption of a countywide planning policy specified in (a) of this subsection shall
determine the manner in which the county and the cities agree
to all procedures and provisions including but not limited to
desired planning policies, deadlines, ratification of final
agreements and demonstration thereof, and financing, if any,
of all activities associated therewith.
(c) If a county fails for any reason to convene a meeting
with representatives of cities as required in (a) of this subsection, the governor may immediately impose any appropriate
sanction or sanctions on the county from those specified
under RCW 36.70A.340.
(d) If there is no agreement by October 1, 1991, in a
county that was required or chose to plan under RCW
36.70A.040 as of June 1, 1991, or if there is no agreement
within one hundred twenty days of the date the county
adopted its resolution of intention or was certified by the
office of financial management in any other county that is
required or chooses to plan under RCW 36.70A.040, the governor shall first inquire of the jurisdictions as to the reason or
reasons for failure to reach an agreement. If the governor
deems it appropriate, the governor may immediately request
the assistance of the department of community, trade, and
economic development to mediate any disputes that preclude
agreement. If mediation is unsuccessful in resolving all disputes that will lead to agreement, the governor may impose
appropriate sanctions from those specified under RCW
36.70A.340 on the county, city, or cities for failure to reach
an agreement as provided in this section. The governor shall
specify the reason or reasons for the imposition of any sanction.
(e) No later than July 1, 1992, the legislative authority of
each county that was required or chose to plan under RCW
36.70A.040 as of June 1, 1991, or no later than fourteen
months after the date the county adopted its resolution of
intention or was certified by the office of financial management the county legislative authority of any other county that
is required or chooses to plan under RCW 36.70A.040, shall
adopt a county-wide planning policy according to the process
provided under this section and that is consistent with the
agreement pursuant to (b) of this subsection, and after holding a public hearing or hearings on the proposed county-wide
planning policy.
(3) A county-wide planning policy shall at a minimum,
address the following:
(a) Policies to implement RCW 36.70A.110;
(b) Policies for promotion of contiguous and orderly
development and provision of urban services to such development;
(c) Policies for siting public capital facilities of a countywide or statewide nature, including transportation facilities of
statewide significance as defined in RCW 47.06.140;
[Title 36 RCW—page 199]
36.70A.215
Title 36 RCW: Counties
(d) Policies for county-wide transportation facilities and
strategies;
(e) Policies that consider the need for affordable housing, such as housing for all economic segments of the population and parameters for its distribution;
(f) Policies for joint county and city planning within
urban growth areas;
(g) Policies for county-wide economic development and
employment; and
(h) An analysis of the fiscal impact.
(4) Federal agencies and Indian tribes may participate in
and cooperate with the county-wide planning policy adoption
process. Adopted county-wide planning policies shall be
adhered to by state agencies.
(5) Failure to adopt a county-wide planning policy that
meets the requirements of this section may result in the imposition of a sanction or sanctions on a county or city within the
county, as specified in RCW 36.70A.340. In imposing a
sanction or sanctions, the governor shall specify the reasons
for failure to adopt a county-wide planning policy in order
that any imposed sanction or sanctions are fairly and equitably related to the failure to adopt a county-wide planning policy.
(6) Cities and the governor may appeal an adopted
county-wide planning policy to the growth management
hearings board within sixty days of the adoption of the
county-wide planning policy.
(7) Multicounty planning policies shall be adopted by
two or more counties, each with a population of four hundred
fifty thousand or more, with contiguous urban areas and may
be adopted by other counties, according to the process established under this section or other processes agreed to among
the counties and cities within the affected counties throughout the multicounty region. [1998 c 171 § 4; 1994 c 249 § 28;
1993 sp.s. c 6 § 4; 1991 sp.s. c 32 § 2.]
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
Effective date—1993 sp.s. c 6: See note following RCW 36.70A.040.
36.70A.215 Review and evaluation program. (1)
Subject to the limitations in subsection (7) of this section, a
county shall adopt, in consultation with its cities, countywide planning policies to establish a review and evaluation
program. This program shall be in addition to the requirements of RCW 36.70A.110, 36.70A.130, and 36.70A.210. In
developing and implementing the review and evaluation program required by this section, the county and its cities shall
consider information from other appropriate jurisdictions and
sources. The purpose of the review and evaluation program
shall be to:
(a) Determine whether a county and its cities are achieving urban densities within urban growth areas by comparing
growth and development assumptions, targets, and objectives
contained in the county-wide planning policies and the
county and city comprehensive plans with actual growth and
development that has occurred in the county and its cities;
and
(b) Identify reasonable measures, other than adjusting
urban growth areas, that will be taken to comply with the
requirements of this chapter.
(2) The review and evaluation program shall:
36.70A.215
[Title 36 RCW—page 200]
(a) Encompass land uses and activities both within and
outside of urban growth areas and provide for annual collection of data on urban and rural land uses, development, critical areas, and capital facilities to the extent necessary to
determine the quantity and type of land suitable for development, both for residential and employment-based activities;
(b) Provide for evaluation of the data collected under (a)
of this subsection every five years as provided in subsection
(3) of this section. The first evaluation shall be completed not
later than September 1, 2002. The county and its cities may
establish in the county-wide planning policies indicators,
benchmarks, and other similar criteria to use in conducting
the evaluation;
(c) Provide for methods to resolve disputes among jurisdictions relating to the county-wide planning policies
required by this section and procedures to resolve inconsistencies in collection and analysis of data; and
(d) Provide for the amendment of the county-wide policies and county and city comprehensive plans as needed to
remedy an inconsistency identified through the evaluation
required by this section, or to bring these policies into compliance with the requirements of this chapter.
(3) At a minimum, the evaluation component of the program required by subsection (1) of this section shall:
(a) Determine whether there is sufficient suitable land to
accommodate the county-wide population projection established for the county pursuant to RCW 43.62.035 and the
subsequent population allocations within the county and
between the county and its cities and the requirements of
RCW 36.70A.110;
(b) Determine the actual density of housing that has been
constructed and the actual amount of land developed for
commercial and industrial uses within the urban growth area
since the adoption of a comprehensive plan under this chapter
or since the last periodic evaluation as required by subsection
(1) of this section; and
(c) Based on the actual density of development as determined under (b) of this subsection, review commercial,
industrial, and housing needs by type and density range to
determine the amount of land needed for commercial, industrial, and housing for the remaining portion of the twentyyear planning period used in the most recently adopted comprehensive plan.
(4) If the evaluation required by subsection (3) of this
section demonstrates an inconsistency between what has
occurred since the adoption of the county-wide planning policies and the county and city comprehensive plans and development regulations and what was envisioned in those policies
and plans and the planning goals and the requirements of this
chapter, as the inconsistency relates to the evaluation factors
specified in subsection (3) of this section, the county and its
cities shall adopt and implement measures that are reasonably
likely to increase consistency during the subsequent five-year
period. If necessary, a county, in consultation with its cities
as required by RCW 36.70A.210, shall adopt amendments to
county-wide planning policies to increase consistency. The
county and its cities shall annually monitor the measures
adopted under this subsection to determine their effect and
may revise or rescind them as appropriate.
(5)(a) Not later than July 1, 1998, the department shall
prepare a list of methods used by counties and cities in carry(2008 Ed.)
Growth Management—Planning by Selected Counties and Cities
ing out the types of activities required by this section. The
department shall provide this information and appropriate
technical assistance to counties and cities required to or
choosing to comply with the provisions of this section.
(b) By December 31, 2007, the department shall submit
to the appropriate committees of the legislature a report analyzing the effectiveness of the activities described in this section in achieving the goals envisioned by the county-wide
planning policies and the comprehensive plans and development regulations of the counties and cities.
(6) From funds appropriated by the legislature for this
purpose, the department shall provide grants to counties, cities, and regional planning organizations required under subsection (7) of this section to conduct the review and perform
the evaluation required by this section.
(7) The provisions of this section shall apply to counties,
and the cities within those counties, that were greater than
one hundred fifty thousand in population in 1995 as determined by office of financial management population estimates and that are located west of the crest of the Cascade
mountain range. Any other county planning under RCW
36.70A.040 may carry out the review, evaluation, and
amendment programs and procedures as provided in this section. [1997 c 429 § 25.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
36.70A.250 Growth management hearings boards.
(1) There are hereby created three growth management hearings boards for the state of Washington. The boards shall be
established as follows:
(a) An Eastern Washington board with jurisdictional
boundaries including all counties that are required to or
choose to plan under RCW 36.70A.040 and are located east
of the crest of the Cascade mountains;
(b) A Central Puget Sound board with jurisdictional
boundaries including King, Pierce, Snohomish, and Kitsap
counties; and
(c) A Western Washington board with jurisdictional
boundaries including all counties that are required or choose
to plan under RCW 36.70A.040 and are located west of the
crest of the Cascade mountains and are not included in the
Central Puget Sound board jurisdictional boundaries. Skamania county, should it be required or choose to plan under
RCW 36.70A.040, may elect to be included within the jurisdictional boundaries of either the Western or Eastern board.
(2) Each board shall only hear matters pertaining to the
cities and counties located within its jurisdictional boundaries. [1994 c 249 § 29; 1991 sp.s. c 32 § 5.]
36.70A.250
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
36.70A.260 Growth management hearings boards—
Qualifications. (1) Each growth management hearings
board shall consist of three members qualified by experience
or training in matters pertaining to land use planning and
residing within the jurisdictional boundaries of the applicable
board. At least one member of each board must be admitted
to practice law in this state and at least one member must
have been a city or county elected official. Each board shall
be appointed by the governor and not more than two members at the time of appointment or during their term shall be
36.70A.260
(2008 Ed.)
36.70A.270
members of the same political party. No more than two members at the time of appointment or during their term shall
reside in the same county.
(2) Each member of a board shall be appointed for a term
of six years. A vacancy shall be filled by appointment by the
governor for the unexpired portion of the term in which the
vacancy occurs. The terms of the first three members of a
board shall be staggered so that one member is appointed to
serve until July 1, 1994, one member until July 1, 1996, and
one member until July 1, 1998. [1994 c 249 § 30; 1991 sp.s.
c 32 § 6.]
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
36.70A.270 Growth management hearings boards—
Conduct, procedure, and compensation. Each growth
management hearings board shall be governed by the following rules on conduct and procedure:
(1) Any board member may be removed for inefficiency,
malfeasance, and misfeasance in office, under specific written charges filed by the governor. The governor shall transmit
such written charges to the member accused and the chief justice of the supreme court. The chief justice shall thereupon
designate a tribunal composed of three judges of the superior
court to hear and adjudicate the charges. Removal of any
member of a board by the tribunal shall disqualify such member for reappointment.
(2) Each board member shall receive reimbursement for
travel expenses incurred in the discharge of his or her duties
in accordance with RCW 43.03.050 and 43.03.060. If it is
determined that the review boards shall operate on a full-time
basis, each member shall receive an annual salary to be determined by the governor pursuant to RCW 43.03.040. If it is
determined that a review board shall operate on a part-time
basis, each member shall receive compensation pursuant to
RCW 43.03.250, provided such amount shall not exceed the
amount that would be set if they were a full-time board member. The principal office of each board shall be located by the
governor within the jurisdictional boundaries of each board.
The boards shall operate on either a part-time or full-time
basis, as determined by the governor.
(3) Each board member shall not: (a) Be a candidate for
or hold any other public office or trust; (b) engage in any
occupation or business interfering with or inconsistent with
his or her duty as a board member; and (c) for a period of one
year after the termination of his or her board membership, act
in a representative capacity before the board on any matter.
(4) A majority of each board shall constitute a quorum
for making orders or decisions, adopting rules necessary for
the conduct of its powers and duties, or transacting other official business, and may act even though one position of the
board is vacant. One or more members may hold hearings
and take testimony to be reported for action by the board
when authorized by rule or order of the board. The board
shall perform all the powers and duties specified in this chapter or as otherwise provided by law.
(5) The board may appoint one or more hearing examiners to assist the board in its hearing function, to make conclusions of law and findings of fact and, if requested by the
board, to make recommendations to the board for decisions in
cases before the board. Such hearing examiners must have
36.70A.270
[Title 36 RCW—page 201]
36.70A.280
Title 36 RCW: Counties
demonstrated knowledge of land use planning and law. The
boards shall specify in their joint rules of practice and procedure, as required by subsection (7) of this section, the procedure and criteria to be employed for designating hearing
examiners as a presiding officer. Hearing examiners selected
by a board shall meet the requirements of subsection (3) of
this section. The findings and conclusions of the hearing
examiner shall not become final until they have been formally approved by the board. This authorization to use hearing examiners does not waive the requirement of RCW
36.70A.300 that final orders be issued within one hundred
eighty days of board receipt of a petition.
(6) Each board shall make findings of fact and prepare a
written decision in each case decided by it, and such findings
and decision shall be effective upon being signed by two or
more members of the board and upon being filed at the
board’s principal office, and shall be open for public inspection at all reasonable times.
(7) All proceedings before the board, any of its members,
or a hearing examiner appointed by the board shall be conducted in accordance with such administrative rules of practice and procedure as the boards jointly prescribe. All three
boards shall jointly meet to develop and adopt joint rules of
practice and procedure, including rules regarding expeditious
and summary disposition of appeals. The boards shall publish
such rules and decisions they render and arrange for the reasonable distribution of the rules and decisions. Except as it
conflicts with specific provisions of this chapter, the administrative procedure act, chapter 34.05 RCW, and specifically
including the provisions of RCW 34.05.455 governing ex
parte communications, shall govern the practice and procedure of the boards.
(8) A board member or hearing examiner is subject to
disqualification under chapter 34.05 RCW. The joint rules of
practice of the boards shall establish procedures by which a
party to a hearing conducted before the board may file with
the board a motion to disqualify, with supporting affidavit,
against a board member or hearing examiner assigned to preside at the hearing.
(9) The members of the boards shall meet jointly on at
least an annual basis with the objective of sharing information that promotes the goals and purposes of this chapter.
[1997 c 429 § 11; 1996 c 325 § 1; 1994 c 257 § 1; 1991 sp.s.
c 32 § 7.]
Prospective application—1997 c 429 §§ 1-21: See note following
RCW 36.70A.3201.
Severability—1997 c 429: See note following RCW 36.70A.3201.
Severability—1996 c 325: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1996 c 325 § 6.]
Effective date—1996 c 325: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 30, 1996]." [1996 c 325 § 7.]
Severability—1994 c 257: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1994 c 257 § 26.]
[Title 36 RCW—page 202]
36.70A.280 Matters subject to board review. (1) A
growth management hearings board shall hear and determine
only those petitions alleging either:
(a) That, except as provided otherwise by this subsection, a state agency, county, or city planning under this chapter is not in compliance with the requirements of this chapter,
chapter 90.58 RCW as it relates to the adoption of shoreline
master programs or amendments thereto, or chapter 43.21C
RCW as it relates to plans, development regulations, or
amendments, adopted under RCW 36.70A.040 or chapter
90.58 RCW. Nothing in this subsection authorizes a board to
hear p et ition s all eg in g n on co mp lian ce w ith R CW
36.70A.5801; or
(b) That the twenty-year growth management planning
population projections adopted by the office of financial
management pursuant to RCW 43.62.035 should be adjusted.
(2) A petition may be filed only by: (a) The state, or a
county or city that plans under this chapter; (b) a person who
has participated orally or in writing before the county or city
regarding the matter on which a review is being requested; (c)
a person who is certified by the governor within sixty days of
filing the request with the board; or (d) a person qualified
pursuant to RCW 34.05.530.
(3) For purposes of this section "person" means any individual, partnership, corporation, association, state agency,
governmental subdivision or unit thereof, or public or private
organization or entity of any character.
(4) To establish participation standing under subsection
(2)(b) of this section, a person must show that his or her participation before the county or city was reasonably related to
the person’s issue as presented to the board.
(5) When considering a possible adjustment to a growth
management planning population projection prepared by the
office of financial management, a board shall consider the
implications of any such adjustment to the population forecast for the entire state.
The rationale for any adjustment that is adopted by a
board must be documented and filed with the office of financial management within ten working days after adoption.
If adjusted by a board, a county growth management
planning population projection shall only be used for the
planning purposes set forth in this chapter and shall be known
as a "board adjusted population projection". None of these
changes shall affect the official state and county population
forecasts prepared by the office of financial management,
which shall continue to be used for state budget and planning
purposes. [2008 c 289 § 5; 2003 c 332 § 2; 1996 c 325 § 2;
1995 c 347 § 108; 1994 c 249 § 31; 1991 sp.s. c 32 § 9.]
36.70A.280
Findings—Application—2008 c 289: See notes following RCW
36.70A.580.
Intent—2003 c 332: "This act is intended to codify the Washington
State Court of Appeals holding in Wells v. Western Washington Growth
Management Hearings Board, 100 Wn. App. 657 (2000), by mandating that
to establish participation standing under the growth management act, a person must show that his or her participation before the county or city was reasonably related to the person’s issue as presented to the growth management
hearings board." [2003 c 332 § 1.]
Severability—Effective date—1996 c 325: See notes following RCW
36.70A.270.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
(2008 Ed.)
Growth Management—Planning by Selected Counties and Cities
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
36.70A.290 Petitions to growth management hearings boards—Evidence. (1) All requests for review to a
growth management hearings board shall be initiated by filing a petition that includes a detailed statement of issues presented for resolution by the board. The board shall render
written decisions articulating the basis for its holdings. The
board shall not issue advisory opinions on issues not presented to the board in the statement of issues, as modified by
any prehearing order.
(2) All petitions relating to whether or not an adopted
comprehensive plan, development regulation, or permanent
amendment thereto, is in compliance with the goals and
requirements of this chapter or chapter 90.58 or 43.21C RCW
must be filed within sixty days after publication by the legislative bodies of the county or city.
(a) Except as provided in (c) of this subsection, the date
of publication for a city shall be the date the city publishes the
ordinance, or summary of the ordinance, adopting the comprehensive plan or development regulations, or amendment
thereto, as is required to be published.
(b) Promptly after adoption, a county shall publish a
notice that it has adopted the comprehensive plan or development regulations, or amendment thereto.
Except as provided in (c) of this subsection, for purposes
of this section the date of publication for a county shall be the
date the county publishes the notice that it has adopted the
comprehensive plan or development regulations, or amendment thereto.
(c) For local governments planning under RCW
36.70A.040, promptly after approval or disapproval of a local
government’s shoreline master program or amendment
thereto by the department of ecology as provided in RCW
90.58.090, the local government shall publish a notice that
the shoreline master program or amendment thereto has been
approved or disapproved by the department of ecology. For
purposes of this section, the date of publication for the adoption or amendment of a shoreline master program is the date
the local government publishes notice that the shoreline master program or amendment thereto has been approved or disapproved by the department of ecology.
(3) Unless the board dismisses the petition as frivolous
or finds that the person filing the petition lacks standing, or
the parties have filed an agreement to have the case heard in
superior court as provided in RCW 36.70A.295, the board
shall, within ten days of receipt of the petition, set a time for
hearing the matter.
(4) The board shall base its decision on the record developed by the city, county, or the state and supplemented with
additional evidence if the board determines that such additional evidence would be necessary or of substantial assistance to the board in reaching its decision.
(5) The board, shall consolidate, when appropriate, all
petitions involving the review of the same comprehensive
plan or the same development regulation or regulations.
[1997 c 429 § 12; 1995 c 347 § 109. Prior: 1994 c 257 § 2;
1994 c 249 § 26; 1991 sp.s. c 32 § 10.]
36.70A.295
Severability—1997 c 429: See note following RCW 36.70A.3201.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
36.70A.290
Prospective application—1997 c 429 §§ 1-21: See note following
RCW 36.70A.3201.
(2008 Ed.)
Severability—1994 c 257: See note following RCW 36.70A.270.
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
36.70A.295 Direct judicial review. (1) The superior
court may directly review a petition for review filed under
RCW 36.70A.290 if all parties to the proceeding before the
board have agreed to direct review in the superior court. The
agreement of the parties shall be in writing and signed by all
of the parties to the proceeding or their designated representatives. The agreement shall include the parties’ agreement to
proper venue as provided in RCW 36.70A.300(5). The parties shall file their agreement with the board within ten days
after the date the petition is filed, or if multiple petitions have
been filed and the board has consolidated the petitions pursuant to RCW 36.70A.300, within ten days after the board
serves its order of consolidation.
(2) Within ten days of receiving the timely and complete
agreement of the parties, the board shall file a certificate of
agreement with the designated superior court and shall serve
the parties with copies of the certificate. The superior court
shall obtain exclusive jurisdiction over a petition when it
receives the certificate of agreement. With the certificate of
agreement the board shall also file the petition for review,
any orders entered by the board, all other documents in the
board’s files regarding the action, and the written agreement
of the parties.
(3) For purposes of a petition that is subject to direct
review, the superior court’s subject matter jurisdiction shall
be equivalent to that of the board. Consistent with the
requirements of the superior court civil rules, the superior
court may consolidate a petition subject to direct review
under this section with a separate action filed in the superior
court.
(4)(a) Except as otherwise provided in (b) and (c) of this
subsection, the provisions of RCW 36.70A.280 through
36.70A.330, which specify the nature and extent of board
review, shall apply to the superior court’s review.
(b) The superior court:
(i) Shall not have jurisdiction to directly review or modify an office of financial management population projection;
(ii) Except as otherwise provided in RCW
36.70A.300(2)(b), shall render its decision on the petition
within one hundred eighty days of receiving the certification
of agreement; and
(iii) Shall give a compliance hearing under RCW
36.70A.330(2) the highest priority of all civil matters before
the court.
(c) An aggrieved party may secure appellate review of a
final judgment of the superior court under this section by the
supreme court or the court of appeals. The review shall be
secured in the manner provided by law for review of superior
court decisions in other civil cases.
(5) If, following a compliance hearing, the court finds
that the state agency, county, or city is not in compliance with
the court’s prior order, the court may use its remedial and
contempt powers to enforce compliance.
36.70A.295
[Title 36 RCW—page 203]
36.70A.300
Title 36 RCW: Counties
(6) The superior court shall transmit a copy of its decision and order on direct review to the board, the department,
and the governor. If the court has determined that a county or
city is not in compliance with the provisions of this chapter,
the governor may impose sanctions against the county or city
in the same manner as if a board had recommended the imposition of sanctions as provided in RCW 36.70A.330.
(7) After the court has assumed jurisdiction over a petition for review under this section, the superior court civil
rules shall govern a request for intervention and all other procedural matters not specifically provided for in this section.
[1997 c 429 § 13.]
board on the progress the jurisdiction is making towards
compliance.
(4) Unless the board makes a determination of invalidity
as provided in RCW 36.70A.302, a finding of noncompliance
and an order of remand shall not affect the validity of comprehensive plans and development regulations during the
period of remand.
(5) Any party aggrieved by a final decision of the hearings board may appeal the decision to superior court as provided in RCW 34.05.514 or 36.01.050 within thirty days of
the final order of the board. [1997 c 429 § 14; 1995 c 347 §
110; 1991 sp.s. c 32 § 11.]
Prospective application—1997 c 429 §§ 1-21: See note following
RCW 36.70A.3201.
Prospective application—1997 c 429 §§ 1-21: See note following
RCW 36.70A.3201.
Severability—1997 c 429: See note following RCW 36.70A.3201.
Severability—1997 c 429: See note following RCW 36.70A.3201.
36.70A.300 Final orders. (1) The board shall issue a
final order that shall be based exclusively on whether or not a
state agency, county, or city is in compliance with the
requirements of this chapter, chapter 90.58 RCW as it relates
to adoption or amendment of shoreline master programs, or
chapter 43.21C RCW as it relates to adoption of plans, development regulations, and amendments thereto, under RCW
36.70A.040 or chapter 90.58 RCW.
(2)(a) Except as provided in (b) of this subsection, the
final order shall be issued within one hundred eighty days of
receipt of the petition for review, or, if multiple petitions are
filed, within one hundred eighty days of receipt of the last
petition that is consolidated.
(b) The board may extend the period of time for issuing
a decision to enable the parties to settle the dispute if additional time is necessary to achieve a settlement, and (i) an
extension is requested by all parties, or (ii) an extension is
requested by the petitioner and respondent and the board
determines that a negotiated settlement between the remaining parties could resolve significant issues in dispute. The
request must be filed with the board not later than seven days
before the date scheduled for the hearing on the merits of the
petition. The board may authorize one or more extensions for
up to ninety days each, subject to the requirements of this section.
(3) In the final order, the board shall either:
(a) Find that the state agency, county, or city is in compliance with the requirements of this chapter, chapter 90.58
RCW as it relates to the adoption or amendment of shoreline
master programs, or chapter 43.21C RCW as it relates to
adoption of plans, development regulations, and amendments
thereto, under RCW 36.70A.040 or chapter 90.58 RCW; or
(b) Find that the state agency, county, or city is not in
compliance with the requirements of this chapter, chapter
90.58 RCW as it relates to the adoption or amendment of
shoreline master programs, or chapter 43.21C RCW as it
relates to adoption of plans, development regulations, and
amendments thereto, under RCW 36.70A.040 or chapter
90.58 RCW, in which case the board shall remand the matter
to the affected state agency, county, or city. The board shall
specify a reasonable time not in excess of one hundred eighty
days, or such longer period as determined by the board in
cases of unusual scope or complexity, within which the state
agency, county, or city shall comply with the requirements of
this chapter. The board may require periodic reports to the
36.70A.300
[Title 36 RCW—page 204]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
36.70A.302 Determination of invalidity—Vesting of
development permits—Interim controls. (1) A board may
determine that part or all of a comprehensive plan or development regulations are invalid if the board:
(a) Makes a finding of noncompliance and issues an
order of remand under RCW 36.70A.300;
(b) Includes in the final order a determination, supported
by findings of fact and conclusions of law, that the continued
validity of part or parts of the plan or regulation would substantially interfere with the fulfillment of the goals of this
chapter; and
(c) Specifies in the final order the particular part or parts
of the plan or regulation that are determined to be invalid, and
the reasons for their invalidity.
(2) A determination of invalidity is prospective in effect
and does not extinguish rights that vested under state or local
law before receipt of the board’s order by the city or county.
The determination of invalidity does not apply to a completed
development permit application for a project that vested
under state or local law before receipt of the board’s order by
the county or city or to related construction permits for that
project.
(3)(a) Except as otherwise provided in subsection (2) of
this section and (b) of this subsection, a development permit
application not vested under state or local law before receipt
of the board’s order by the county or city vests to the local
ordinance or resolution that is determined by the board not to
substantially interfere with the fulfillment of the goals of this
chapter.
(b) Even though the application is not vested under state
or local law before receipt by the county or city of the board’s
order, a determination of invalidity does not apply to a development permit application for:
(i) A permit for construction by any owner, lessee, or
contract purchaser of a single-family residence for his or her
own use or for the use of his or her family on a lot existing
before receipt by the county or city of the board’s order,
except as otherwise specifically provided in the board’s order
to protect the public health and safety;
(ii) A building permit and related construction permits
for remodeling, tenant improvements, or expansion of an
existing structure on a lot existing before receipt of the
board’s order by the county or city; and
36.70A.302
(2008 Ed.)
Growth Management—Planning by Selected Counties and Cities
(iii) A boundary line adjustment or a division of land that
does not increase the number of buildable lots existing before
receipt of the board’s order by the county or city.
(4) If the ordinance that adopts a plan or development
regulation under this chapter includes a savings clause
intended to revive prior policies or regulations in the event
the new plan or regulations are determined to be invalid, the
board shall determine under subsection (1) of this section
whether the prior policies or regulations are valid during the
period of remand.
(5) A county or city subject to a determination of invalidity may adopt interim controls and other measures to be in
effect until it adopts a comprehensive plan and development
regulations that comply with the requirements of this chapter.
A development permit application may vest under an interim
control or measure upon determination by the board that the
interim controls and other measures do not substantially
interfere with the fulfillment of the goals of this chapter.
(6) A county or city subject to a determination of invalidity may file a motion requesting that the board clarify, modify, or rescind the order. The board shall expeditiously schedule a hearing on the motion. At the hearing on the motion, the
parties may present information to the board to clarify the
part or parts of the comprehensive plan or development regulations to which the final order applies. The board shall issue
any supplemental order based on the information provided at
the hearing not later than thirty days after the date of the hearing.
(7)(a) If a determination of invalidity has been made and
the county or city has enacted an ordinance or resolution
amending the invalidated part or parts of the plan or regulation or establishing interim controls on development affected
by the order of invalidity, after a compliance hearing, the
board shall modify or rescind the determination of invalidity
if it determines under the standard in subsection (1) of this
section that the plan or regulation, as amended or made subject to such interim controls, will no longer substantially
interfere with the fulfillment of the goals of this chapter.
(b) If the board determines that part or parts of the plan
or regulation are no longer invalid as provided in this subsection, but does not find that the plan or regulation is in compliance with all of the requirements of this chapter, the board, in
its order, may require periodic reports to the board on the
progress the jurisdiction is making towards compliance.
[1997 c 429 § 16.]
Prospective application—1997 c 429 §§ 1-21: See note following
RCW 36.70A.3201.
Severability—1997 c 429: See note following RCW 36.70A.3201.
36.70A.3201
36.70A.310 Limitations on appeal by the state. A
request for review by the state to a growth management hearings board may be made only by the governor, or with the
governor’s consent the head of an agency, or by the commissioner of public lands as relating to state trust lands, for the
review of whether: (1) A county or city that is required or
chooses to plan under RCW 36.70A.040 has failed to adopt a
comprehensive plan or development regulations, or countywide planning policies within the time limits established by
this chapter; or (2) a county or city that is required or chooses
to plan under this chapter has adopted a comprehensive plan,
development regulations, or county-wide planning policies,
that are not in compliance with the requirements of this chapter. [1994 c 249 § 32; 1991 sp.s. c 32 § 12.]
36.70A.310
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
36.70A.320 Presumption of validity—Burden of
proof—Plans and regulations. (1) Except as provided in
subsection (5) of this section, comprehensive plans and
development regulations, and amendments thereto, adopted
under this chapter are presumed valid upon adoption.
(2) Except as otherwise provided in subsection (4) of this
section, the burden is on the petitioner to demonstrate that
any action taken by a state agency, county, or city under this
chapter is not in compliance with the requirements of this
chapter.
(3) In any petition under this chapter, the board, after full
consideration of the petition, shall determine whether there is
compliance with the requirements of this chapter. In making
its determination, the board shall consider the criteria adopted
by the department under RCW 36.70A.190(4). The board
shall find compliance unless it determines that the action by
the state agency, county, or city is clearly erroneous in view
of the entire record before the board and in light of the goals
and requirements of this chapter.
(4) A county or city subject to a determination of invalidity made under RCW 36.70A.300 or 36.70A.302 has the
burden of demonstrating that the ordinance or resolution it
has enacted in response to the determination of invalidity will
no longer substantially interfere with the fulfillment of the
g o a ls o f t h i s c h a p t er u n d e r t h e s ta n d a r d i n R C W
36.70A.302(1).
(5) The shoreline element of a comprehensive plan and
the applicable development regulations adopted by a county
or city shall take effect as provided in chapter 90.58 RCW.
[1997 c 429 § 20; 1995 c 347 § 111; 1991 sp.s. c 32 § 13.]
36.70A.320
Prospective application—1997 c 429 §§ 1-21: See note following
RCW 36.70A.3201.
Severability—1997 c 429: See note following RCW 36.70A.3201.
36.70A.305 Expedited review. The court shall provide
expedited review of a determination of invalidity or an order
effectuating a determination of invalidity made or issued
under *RCW 36.70A.300. The matter must be set for hearing
within sixty days of the date set for submitting the board’s
record, absent a showing of good cause for a different date or
a stipulation of the parties. [1996 c 325 § 4.]
36.70A.305
*Reviser’s note: The reference to RCW 36.70A.300 appears to refer to
the amendments made by 1996 c 325 § 3, which was vetoed by the governor.
Severability—Effective date—1996 c 325: See notes following RCW
36.70A.270.
(2008 Ed.)
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
36.70A.3201 Intent—Finding—1997 c 429 § 20(3). In
amending RCW 36.70A.320(3) by section 20(3), chapter
429, Laws of 1997, the legislature intends that the boards
apply a more deferential standard of review to actions of
counties and cities than the preponderance of the evidence
standard provided for under existing law. In recognition of
the broad range of discretion that may be exercised by counties and cities consistent with the requirements of this chap36.70A.3201
[Title 36 RCW—page 205]
36.70A.330
Title 36 RCW: Counties
ter, the legislature intends for the boards to grant deference to
counties and cities in how they plan for growth, consistent
with the requirements and goals of this chapter. Local comprehensive plans and development regulations require counties and cities to balance priorities and options for action in
full consideration of local circumstances. The legislature
finds that while this chapter requires local planning to take
place within a framework of state goals and requirements, the
ultimate burden and responsibility for planning, harmonizing
the planning goals of this chapter, and implementing a
county’s or city’s future rests with that community. [1997 c
429 § 2.]
Prospective application—1997 c 429 §§ 1-21: "Except as otherwise
specifically provided in RCW 36.70A.335, sections 1 through 21, chapter
429, Laws of 1997 are prospective in effect and shall not affect the validity
of actions taken or decisions made before July 27, 1997." [1997 c 429 § 53.]
Severability—1997 c 429: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1997 c 429 § 54.]
36.70A.330 Noncompliance. (1) After the time set for
complying with the requirements of this chapter under RCW
36.70A.300(3)(b) has expired, or at an earlier time upon the
motion of a county or city subject to a determination of invalidity under RCW 36.70A.300, the board shall set a hearing
for the purpose of determining whether the state agency,
county, or city is in compliance with the requirements of this
chapter.
(2) The board shall conduct a hearing and issue a finding
of compliance or noncompliance with the requirements of
this chapter and with any compliance schedule established by
the board in its final order. A person with standing to challenge the legislation enacted in response to the board’s final
order may participate in the hearing along with the petitioner
and the state agency, county, or city. A hearing under this
subsection shall be given the highest priority of business to be
conducted by the board, and a finding shall be issued within
forty-five days of the filing of the motion under subsection
(1) of this section with the board. The board shall issue any
order necessary to make adjustments to the compliance
schedule and set additional hearings as provided in subsection (5) of this section.
(3) If the board after a compliance hearing finds that the
state agency, county, or city is not in compliance, the board
shall transmit its finding to the governor. The board may recommend to the governor that the sanctions authorized by this
chapter be imposed. The board shall take into consideration
the county’s or city’s efforts to meet its compliance schedule
in making the decision to recommend sanctions to the governor.
(4) In a compliance hearing upon petition of a party, the
board shall also reconsider its final order and decide, if no
determination of invalidity has been made, whether one now
should be made under RCW 36.70A.302.
(5) The board shall schedule additional hearings as
appropriate pursuant to subsections (1) and (2) of this section.
[1997 c 429 § 21; 1995 c 347 § 112; 1991 sp.s. c 32 § 14.]
36.70A.330
Prospective application—1997 c 429 §§ 1-21: See note following
RCW 36.70A.3201.
Severability—1997 c 429: See note following RCW 36.70A.3201.
[Title 36 RCW—page 206]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
36.70A.335 Order of invalidity issued before July 27,
1997. A county or city subject to an order of invalidity issued
before July 27, 1997, by motion may request the board to
review the order of invalidity in light of the section 14, chapter 429, Laws of 1997 amendments to RCW 36.70A.300, the
section 21, chapter 429, Laws of 1997 amendments to RCW
36.70A.330, and RCW 36.70A.302. If a request is made, the
board shall rescind or modify the order of invalidity as necessary to make it consistent with the section 14, chapter 429,
Laws of 1997 amendments to RCW 36.70A.300, and to the
section 21, chapter 429, Laws of 1997 amendments to RCW
36.70A.330, and RCW 36.70A.302. [1997 c 429 § 22.]
36.70A.335
Prospective application—1997 c 429 §§ 1-21: See note following
RCW 36.70A.3201.
Severability—1997 c 429: See note following RCW 36.70A.3201.
36.70A.340 Noncompliance and sanctions. Upon
receipt from the board of a finding that a state agency,
county, or city is in noncompliance under RCW 36.70A.330,
or as a result of failure to meet the requirements of RCW
36.70A.210, the governor may either:
(1) Notify and direct the director of the office of financial management to revise allotments in appropriation levels;
(2) Notify and direct the state treasurer to withhold the
portion of revenues to which the county or city is entitled
under one or more of the following: The motor vehicle fuel
tax, as provided in chapter 82.36 RCW; the transportation
improvement account, as provided in RCW 47.26.084; the
urban arterial trust account, as provided in RCW 47.26.080;
the rural arterial trust account, as provided in RCW
36.79.150; the sales and use tax, as provided in chapter 82.14
RCW; the liquor profit tax, as provided in RCW 66.08.190;
and the liquor excise tax, as provided in RCW 82.08.170; or
(3) File a notice of noncompliance with the secretary of
state and the county or city, which shall temporarily rescind
the county or city’s authority to collect the real estate excise
tax under RCW 82.46.030 until the governor files a notice
rescinding the notice of noncompliance. [1991 sp.s. c 32 §
26.]
36.70A.340
36.70A.345 Sanctions. The governor may impose a
sanction or sanctions specified under RCW 36.70A.340 on:
(1) A county or city that fails to designate critical areas, agricultural lands, forest lands, or mineral resource lands under
RCW 36.70A.170 by the date such action was required to
have been taken; (2) a county or city that fails to adopt development regulations under RCW 36.70A.060 protecting critical areas or conserving agricultural lands, forest lands, or
mineral resource lands by the date such action was required
to have been taken; (3) a county that fails to designate urban
growth areas under RCW 36.70A.110 by the date such action
was required to have been taken; and (4) a county or city that
fails to adopt its comprehensive plan or development regulations when such actions are required to be taken.
Imposition of a sanction or sanctions under this section
shall be preceded by written findings by the governor, that
either the county or city is not proceeding in good faith to
meet the requirements of the act; or that the county or city has
36.70A.345
(2008 Ed.)
Growth Management—Planning by Selected Counties and Cities
unreasonably delayed taking the required action. The governor shall consult with and communicate his or her findings to
the appropriate growth management hearings board prior to
imposing the sanction or sanctions. For those counties or cities that are not required to plan or have not opted in, the governor in imposing sanctions shall consider the size of the
jurisdiction relative to the requirements of this chapter and
the degree of technical and financial assistance provided.
[1994 c 249 § 33; 1993 sp.s. c 6 § 5.]
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
Effective date—1993 sp.s. c 6: See note following RCW 36.70A.040.
36.70A.350 New fully contained communities. A
county required or choosing to plan under RCW 36.70A.040
may establish a process as part of its urban growth areas, that
are designated under RCW 36.70A.110, for reviewing proposals to authorize new fully contained communities located
outside of the initially designated urban growth areas.
(1) A new fully contained community may be approved
in a county planning under this chapter if criteria including
but not limited to the following are met:
(a) New infrastructure is provided for and impact fees
are established consistent with the requirements of RCW
82.02.050;
(b) Transit-oriented site planning and traffic demand
management programs are implemented;
(c) Buffers are provided between the new fully contained
communities and adjacent urban development;
(d) A mix of uses is provided to offer jobs, housing, and
services to the residents of the new community;
(e) Affordable housing is provided within the new community for a broad range of income levels;
(f) Environmental protection has been addressed and
provided for;
(g) Development regulations are established to ensure
urban growth will not occur in adjacent nonurban areas;
(h) Provision is made to mitigate impacts on designated
agricultural lands, forest lands, and mineral resource lands;
(i) The plan for the new fully contained community is
consistent with the development regulations established for
the protection of critical areas by the county pursuant to
RCW 36.70A.170.
(2) New fully contained communities may be approved
outside established urban growth areas only if a county
reserves a portion of the twenty-year population projection
and offsets the urban growth area accordingly for allocation
to new fully contained communities that meet the requirements of this chapter. Any county electing to establish a new
community reserve shall do so no more often than once every
five years as a part of the designation or review of urban
growth areas required by this chapter. The new community
reserve shall be allocated on a project-by-project basis, only
after specific project approval procedures have been adopted
pursuant to this chapter as a development regulation. When a
new community reserve is established, urban growth areas
designated pursuant to this chapter shall accommodate the
unreserved portion of the twenty-year population projection.
Final approval of an application for a new fully contained community shall be considered an adopted amendment
to the comprehensive plan prepared pursuant to RCW
36.70A.350
(2008 Ed.)
36.70A.360
36.70A.070 designating the new fully contained community
as an urban growth area. [1991 sp.s. c 32 § 16.]
36.70A.360 Master planned resorts. (1) Counties that
are required or choose to plan under RCW 36.70A.040 may
permit master planned resorts which may constitute urban
growth outside of urban growth areas as limited by this section. A master planned resort means a self-contained and
fully integrated planned unit development, in a setting of significant natural amenities, with primary focus on destination
resort facilities consisting of short-term visitor accommodations associated with a range of developed on-site indoor or
outdoor recreational facilities.
(2) Capital facilities, utilities, and services, including
those related to sewer, water, storm water, security, fire suppression, and emergency medical, provided on-site shall be
limited to meeting the needs of the master planned resort.
Such facilities, utilities, and services may be provided to a
master planned resort by outside service providers, including
municipalities and special purpose districts, provided that all
costs associated with service extensions and capacity
increases directly attributable to the master planned resort are
fully borne by the resort. A master planned resort and service
providers may enter into agreements for shared capital facilities and utilities, provided that such facilities and utilities
serve only the master planned resort or urban growth areas.
Nothing in this subsection may be construed as: Establishing an order of priority for processing applications for
water right permits, for granting such permits, or for issuing
certificates of water right; altering or authorizing in any manner the alteration of the place of use for a water right; or
affecting or impairing in any manner whatsoever an existing
water right.
All waters or the use of waters shall be regulated and
controlled as provided in chapters 90.03 and 90.44 RCW and
not otherwise.
(3) A master planned resort may include other residential
uses within its boundaries, but only if the residential uses are
integrated into and support the on-site recreational nature of
the resort.
(4) A master planned resort may be authorized by a
county only if:
(a) The comprehensive plan specifically identifies policies to guide the development of master planned resorts;
(b) The comprehensive plan and development regulations include restrictions that preclude new urban or suburban
land uses in the vicinity of the master planned resort, except
in areas otherwise designated for urban growth under RCW
36.70A.110;
(c) The county includes a finding as a part of the
approval process that the land is better suited, and has more
long-term importance, for the master planned resort than for
the commercial harvesting of timber or agricultural production, if located on land that otherwise would be designated as
forest land or agricultural land under RCW 36.70A.170;
(d) The county ensures that the resort plan is consistent
with the development regulations established for critical
areas; and
(e) On-site and off-site infrastructure and service
impacts are fully considered and mitigated. [1998 c 112 § 2;
1991 sp.s. c 32 § 17.]
36.70A.360
[Title 36 RCW—page 207]
36.70A.362
Title 36 RCW: Counties
Intent—1998 c 112: "The primary intent of this act is to give effect to
recommendations by the 1994 department of community, trade, and economic development’s master planned resort task force by clarifying that
master planned resorts may make use of capital facilities, utilities, and services provided by outside service providers, and may enter into agreements
for shared facilities with such providers, when all costs directly attributable
to the resort, including capacity increases, are fully borne by the resort."
[1998 c 112 § 1.]
36.70A.362 Master planned resorts—Existing resort
may be included. Counties that are required or choose to
plan under RCW 36.70A.040 may include existing resorts as
master planned resorts which may constitute urban growth
outside of urban growth areas as limited by this section. An
existing resort means a resort in existence on July 1, 1990,
and developed, in whole or in part, as a significantly self-contained and integrated development that includes short-term
visitor accommodations associated with a range of indoor
and outdoor recreational facilities within the property boundaries in a setting of significant natural amenities. An existing
resort may include other permanent residential uses, conference facilities, and commercial activities supporting the
resort, but only if these other uses are integrated into and consistent with the on-site recreational nature of the resort.
An existing resort may be authorized by a county only if:
(1) The comprehensive plan specifically identifies policies to guide the development of the existing resort;
(2) The comprehensive plan and development regulations include restrictions that preclude new urban or suburban
land uses in the vicinity of the existing resort, except in areas
otherwise designated for urban growth under RCW
36.70A.110 and *36.70A.360(1);
(3) The county includes a finding as a part of the
approval process that the land is better suited, and has more
long-term importance, for the existing resort than for the
commercial harvesting of timber or agricultural production,
if located on land that otherwise would be designated as forest land or agricultural land under RCW 36.70A.170;
(4) The county finds that the resort plan is consistent
with the development regulations established for critical
areas; and
(5) On-site and off-site infrastructure impacts are fully
considered and mitigated.
A county may allocate a portion of its twenty-year population projection, prepared by the office of financial management, to the master planned resort corresponding to the projected number of permanent residents within the master
planned resort. [1997 c 382 § 1.]
36.70A.362
*Reviser’s note: RCW 36.70A.360 was amended by 1998 c 112 § 2,
changing subsection (1) to subsection (4)(a).
36.70A.365 Major industrial developments. A county
required or choosing to plan under RCW 36.70A.040 may
establish, in consultation with cities consistent with provisions of RCW 36.70A.210, a process for reviewing and
approving proposals to authorize siting of specific major
industrial developments outside urban growth areas.
(1) "Major industrial development" means a master
planned location for a specific manufacturing, industrial, or
commercial business that: (a) Requires a parcel of land so
large that no suitable parcels are available within an urban
growth area; or (b) is a natural resource-based industry
36.70A.365
[Title 36 RCW—page 208]
requiring a location near agricultural land, forest land, or
mineral resource land upon which it is dependent. The major
industrial development shall not be for the purpose of retail
commercial development or multitenant office parks.
(2) A major industrial development may be approved
outside an urban growth area in a county planning under this
chapter if criteria including, but not limited to the following,
are met:
(a) New infrastructure is provided for and/or applicable
impact fees are paid;
(b) Transit-oriented site planning and traffic demand
management programs are implemented;
(c) Buffers are provided between the major industrial
development and adjacent nonurban areas;
(d) Environmental protection including air and water
quality has been addressed and provided for;
(e) Development regulations are established to ensure
that urban growth will not occur in adjacent nonurban areas;
(f) Provision is made to mitigate adverse impacts on designated agricultural lands, forest lands, and mineral resource
lands;
(g) The plan for the major industrial development is consistent with the county’s development regulations established
for protection of critical areas; and
(h) An inventory of developable land has been conducted
and the county has determined and entered findings that land
suitable to site the major industrial development is unavailable within the urban growth area. Priority shall be given to
applications for sites that are adjacent to or in close proximity
to the urban growth area.
(3) Final approval of an application for a major industrial
development shall be considered an adopted amendment to
the comprehensive plan adopted pursuant to RCW
36.70A.070 designating the major industrial development
site on the land use map as an urban growth area. Final
approval of an application for a major industrial development
shall not be considered an amendment to the comprehensive
plan for the purposes of RCW 36.70A.130(2) and may be
considered at any time. [1995 c 190 § 1.]
36.70A.367 Major industrial developments—Master
planned locations. (1) In addition to the major industrial
development allowed under RCW 36.70A.365, a county
planning under RCW 36.70A.040 that meets the criteria in
subsection (5) of this section may establish, in consultation
with cities consistent with provisions of RCW 36.70A.210, a
process for designating a bank of no more than two master
planned locations for major industrial activity outside urban
growth areas.
(2) A master planned location for major industrial developments may be approved through a two-step process: Designation of an industrial land bank area in the comprehensive
plan; and subsequent approval of specific major industrial
developments through a local master plan process described
under subsection (3) of this section.
(a) The comprehensive plan must identify locations
suited to major industrial development due to proximity to
transportation or resource assets. The plan must identify the
maximum size of the industrial land bank area and any limitations on major industrial developments based on local limiting factors, but does not need to specify a particular parcel
36.70A.367
(2008 Ed.)
Growth Management—Planning by Selected Counties and Cities
or parcels of property or identify any specific use or user
except as limited by this section. In selecting locations for
the industrial land bank area, priority must be given to locations that are adjacent to, or in close proximity to, an urban
growth area.
(b) The environmental review for amendment of the
comprehensive plan must be at the programmatic level and,
in addition to a threshold determination, must include:
(i) An inventory of developable land as provided in
RCW 36.70A.365; and
(ii) An analysis of the availability of alternative sites
within urban growth areas and the long-term annexation feasibility of sites outside of urban growth areas.
(c) Final approval of an industrial land bank area under
this section must be by amendment to the comprehensive
plan adopted under RCW 36.70A.070, and the amendment is
exempt from the limitation of RCW 36.70A.130(2) and may
be considered at any time. Approval of a specific major
industrial development within the industrial land bank area
requires no further amendment of the comprehensive plan.
(3) In concert with the designation of an industrial land
bank area, a county shall also adopt development regulations
for review and approval of specific major industrial developments through a master plan process. The regulations governing the master plan process shall ensure, at a minimum,
that:
(a) Urban growth will not occur in adjacent nonurban
areas;
(b) Development is consistent with the county’s development regulations adopted for protection of critical areas;
(c) Required infrastructure is identified and provided
concurrent with development. Such infrastructure, however,
may be phased in with development;
(d) Transit-oriented site planning and demand management programs are specifically addressed as part of the master plan approval;
(e) Provision is made for addressing environmental protection, including air and water quality, as part of the master
plan approval;
(f) The master plan approval includes a requirement that
interlocal agreements between the county and service providers, including cities and special purpose districts providing
facilities or services to the approved master plan, be in place
at the time of master plan approval;
(g) A major industrial development is used primarily by
industrial and manufacturing businesses, and that the gross
floor area of all commercial and service buildings or facilities
locating within the major industrial development does not
exceed ten percent of the total gross floor area of buildings or
facilities in the development. The intent of this provision for
commercial or service use is to meet the needs of employees,
clients, customers, vendors, and others having business at the
industrial site, to attract and retain a quality workforce, and to
further other public objectives, such as trip reduction. These
uses may not be promoted to attract additional clientele from
the surrounding area. Commercial and service businesses
must be established concurrently with or subsequent to the
industrial or manufacturing businesses;
(h) New infrastructure is provided for and/or applicable
impact fees are paid to assure that adequate facilities are pro(2008 Ed.)
36.70A.367
vided concurrently with the development. Infrastructure may
be achieved in phases as development proceeds;
(i) Buffers are provided between the major industrial
development and adjacent rural areas;
(j) Provision is made to mitigate adverse impacts on designated agricultural lands, forest lands, and mineral resource
lands; and
(k) An open record public hearing is held before either
the planning commission or hearing examiner with notice
published at least thirty days before the hearing date and
mailed to all property owners within one mile of the site.
(4) For the purposes of this section:
(a) "Major industrial development" means a master
planned location suitable for manufacturing or industrial
businesses that: (i) Requires a parcel of land so large that no
suitable parcels are available within an urban growth area; (ii)
is a natural resource-based industry requiring a location near
agricultural land, forest land, or mineral resource land upon
which it is dependent; or (iii) requires a location with characteristics such as proximity to transportation facilities or
related industries such that there is no suitable location in an
urban growth area. The major industrial development may
not be for the purpose of retail commercial development or
multitenant office parks.
(b) "Industrial land bank" means up to two master
planned locations, each consisting of a parcel or parcels of
contiguous land, sufficiently large so as not to be readily
available within the urban growth area of a city, or otherwise
meeting the criteria contained in (a) of this subsection, suitable for manufacturing, industrial, or commercial businesses
and designated by the county through the comprehensive
planning process specifically for major industrial use.
(5) This section and the termination provisions specified
in subsection (6) of this section apply to a county that at the
time the process is established under subsection (1) of this
section:
(a) Has a population greater than two hundred fifty thousand and is part of a metropolitan area that includes a city in
another state with a population greater than two hundred fifty
thousand;
(b) Has a population greater than one hundred forty thousand and is adjacent to another country;
(c) Has a population greater than forty thousand but less
than seventy-five thousand and has an average level of unemployment for the preceding three years that exceeds the average state unemployment for those years by twenty percent;
and
(i) Is bordered by the Pacific Ocean;
(ii) Is located in the Interstate 5 or Interstate 90 corridor;
or
(iii) Is bordered by Hood Canal;
(d) Is east of the Cascade divide; and
(i) Borders another state to the south; or
(ii) Is located wholly south of Interstate 90 and borders
the Columbia river to the east;
(e) Has an average population density of less than one
hundred persons per square mile as determined by the office
of financial management, and is bordered by the Pacific
Ocean and by Hood Canal; or
(f) Meets all of the following criteria:
[Title 36 RCW—page 209]
36.70A.368
Title 36 RCW: Counties
(i) Has a population greater than forty thousand but
fewer than eighty thousand;
(ii) Has an average level of unemployment for the preceding three years that exceeds the average state unemployment for those years by twenty percent; and
(iii) Is located in the Interstate 5 or Interstate 90 corridor.
(6) In order to identify and approve locations for industrial land banks, the county shall take action to designate one
or more industrial land banks and adopt conforming regulations as provided by RCW 36.70A.367(2) on or before the
last date to complete that county’s next periodic review under
RCW 36.70A.130(4) that occurs prior to December 31, 2014.
The authority to take action to designate a land bank area in
the comprehensive plan expires if not acted upon by the
county within the time frame provided in this section. Once
a land bank area has been identified in the county’s comprehensive plan, the authority of the county to process a master
plan or site projects within an approved master plan does not
expire.
(7) Any county seeking to designate an industrial land
bank under this section must:
(a) Provide countywide notice, in conformity with RCW
36.70A.035, of the intent to designate an industrial land bank.
Notice must be published in a newspaper or newspapers of
general circulation reasonably likely to reach subscribers in
all geographic areas of the county. Notice must be provided
not less than thirty days prior to commencement of consideration by the county legislative body; and
(b) Make a written determination of the criteria and
rationale used by the legislative body as the basis for siting an
industrial land bank under this chapter.
(8) Any location included in an industrial land bank pursuant to section 2, chapter 289, Laws of 1998, section 1,
chapter 402, Laws of 1997, and section 2, chapter 167, Laws
of 1996 shall remain available for major industrial development according to this section as long as the requirements of
this section continue to be satisfied. [2007 c 433 § 1; 2004 c
208 § 1; 2003 c 88 § 1; 2002 c 306 § 1; 2001 c 326 § 1; 1998
c 289 § 2; 1997 c 402 § 1; 1996 c 167 § 2.]
Findings—Purpose—1998 c 289: "The legislature finds that to fulfill
the economic development goal of this chapter, it is beneficial to expand the
limited authorization for pilot projects for identifying locations for major
industrial activity in advance of specific proposals by an applicant. The legislature further finds that land bank availability may provide economically
disadvantaged counties the opportunity to attract new industrial activity by
offering expeditious siting and therefore promote a community’s economic
health and vitality. The purpose of this act is to authorize and evaluate additional pilot projects for major industrial activity in economically disadvantaged counties." [1998 c 289 § 1.]
Findings—Purpose—1996 c 167: "In 1995 the legislature addressed
the demand for siting of major industrial facilities by passage of Engrossed
Senate Bill No. 5019, implementing a process for siting such activities outside urban growth areas. The legislature recognizes that the 1995 act
requires consideration of numerous factors necessary to ensure that the community can reasonably accommodate a major industrial development outside
an urban growth area.
The legislature finds that the existing case-by-case procedure for evaluating and approving such a site under the 1995 act may operate to a community’s economic disadvantage when a firm, for business reasons, must make
a business location decision expeditiously. The legislature therefore finds
that it would be useful to authorize, on a limited basis, and evaluate a process
for identifying locations for major industrial activity in advance of specific
proposals by an applicant.
It is the purpose of this act (1) to authorize a pilot project under which
a bank of major industrial development locations outside urban growth areas
is created for use in expeditiously siting such a development; (2) to evaluate
[Title 36 RCW—page 210]
the impact of this process on the county’s compliance with chapter 36.70A
RCW; and (3) to encourage consolidation and planning, and environmental
review procedures under chapter 36.70B RCW." [1996 c 167 § 1.]
Effective date—1996 c 167: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 28, 1996]." [1996 c 167 § 3.]
36.70A.368 Major industrial developments—Master
planned locations—Reclaimed surface coal mine sites. (1)
In addition to the major industrial development allowed
under RCW 36.70A.365 and 36.70A.367, a county planning
under RCW 36.70A.040 that meets the criteria in subsection
(2) of this section may establish, in consultation with cities
consistent with RCW 36.70A.210, a process for designating a
master planned location for major industrial activity outside
urban growth areas on lands formerly used or designated for
surface coal mining and supporting uses. Once a master
planned location is designated, it shall be considered an urban
growth area retained for purposes of promoting major industrial activity.
(2) This section applies to a county that, at the time the
process is established in subsection (1) of this section, had a
surface coal mining operation in excess of three thousand
acres that ceased operation after July 1, 2006, and that is
located within fifteen miles of the Interstate 5 corridor.
(3) Designation of a master planned location for major
industrial activities is an amendment to the comprehensive
plan adopted under RCW 36.70A.070, except that RCW
36.70A.130(2) does not apply so that designation of master
planned locations may be considered at any time. The process established under subsection (1) of this section for designating a master planned location for one or more major
industrial activities must include, but is not limited to, the following comprehensive plan policy criteria:
(a) The master planned location must be located on
lands: Formerly used or designated for surface coal mining
and supporting uses; that consist of an aggregation of land of
one thousand or more acres, which is not required to be contiguous; and that are suitable for manufacturing, industrial, or
commercial businesses;
(b) New infrastructure is provided for; and
(c) Environmental review of a proposed designation of a
master planned location must be at the programmatic level, as
long as the environmental review of a proposed designation
that is being reviewed concurrent with a proposed major
industrial activity is at the project level.
(4) Approval of a specific major industrial activity proposed for a master planned location designated under this
section is through a local master plan process and does not
require further comprehensive plan amendment. The process
for reviewing and approving a specific major industrial activity proposed for a master planned location designated under
this section must include the following criteria in adopted
development regulations:
(a) The site consists of one hundred or more acres of land
formerly used or designated for surface coal mining and supporting uses that has been or will be reclaimed as land suitable for industrial development;
(b) Urban growth will not occur in adjacent nonurban
areas;
36.70A.368
(2008 Ed.)
Growth Management—Planning by Selected Counties and Cities
(c) Environmental review of a specific proposed major
industrial activity must be conducted as required in chapter
43.21C RCW. Environmental review may be processed as a
planned action, as long as it meets the requirements of RCW
43.21C.031; and
(d) Commercial development within a master planned
location must be directly related to manufacturing or industrial uses. Commercial uses shall not exceed ten percent of
the total gross floor area of buildings or facilities in the development.
(5) Final approval of the designation of a master planned
location designated under subsection (3) of this section is
subject to appeal under this chapter. Approval of a specific
major industrial activity under subsection (4) of this section
is subject to appeal under chapter 36.70C RCW.
(6) RCW 36.70A.365 and 36.70A.367 do not apply to
the designation of master planned locations or the review and
approval of specific major industrial activities under this section. [2007 c 194 § 1.]
36.70A.370
36.70A.370 Protection of private property. (1) The
state attorney general shall establish by October 1, 1991, an
orderly, consistent process, including a checklist if appropriate, that better enables state agencies and local governments
to evaluate proposed regulatory or administrative actions to
assure that such actions do not result in an unconstitutional
taking of private property. It is not the purpose of this section
to expand or reduce the scope of private property protections
provided in the state and federal Constitutions. The attorney
general shall review and update the process at least on an
annual basis to maintain consistency with changes in case
law.
(2) Local governments that are required or choose to
plan under RCW 36.70A.040 and state agencies shall utilize
the process established by subsection (1) of this section to
assure that proposed regulatory or administrative actions do
not result in an unconstitutional taking of private property.
(3) The attorney general, in consultation with the Washington state bar association, shall develop a continuing education course to implement this section.
(4) The process used by government agencies shall be
protected by attorney client privilege. Nothing in this section
grants a private party the right to seek judicial relief requiring
compliance with the provisions of this section. [1991 sp.s. c
32 § 18.]
36.70A.380
36.70A.380 Extension of designation date. The
department may extend the date by which a county or city is
required to designate agricultural lands, forest lands, mineral
resource lands, and critical areas under RCW 36.70A.170, or
the date by which a county or city is required to protect such
lands and critical areas under RCW 36.70A.060, if the county
or city demonstrates that it is proceeding in an orderly fashion, and is making a good faith effort, to meet these requirements. An extension may be for up to an additional one hundred eighty days. The length of an extension shall be based on
the difficulty of the effort to conform with these requirements. [1991 sp.s. c 32 § 39.]
(2008 Ed.)
36.70A.390
36.70A.385 Environmental planning pilot projects.
(1) The legislature intends to determine whether the environmental review process mandated under chapter 43.21C RCW
may be enhanced and simplified, and coordination improved,
when applied to comprehensive plans mandated by this chapter. The department shall undertake pilot projects on environmental review to determine if the review process can be
improved by fostering more coordination and eliminating
duplicative environmental analysis which is made to assist
decision makers approving comprehensive plans pursuant to
this chapter. Such pilot projects should be designed and
scoped to consider cumulative impacts resulting from plan
decisions, plan impacts on environmental quality, impacts on
adjacent jurisdictions, and similar factors in sufficient depth
to simplify the analysis of subsequent specific projects being
carried out pursuant to the approved plan.
(2) The legislature hereby authorizes the department to
establish, in cooperation with business, industry, cities, counties, and other interested parties, at least two but not more
than four pilot projects, one of which shall be with a county,
on enhanced draft and final nonproject environmental analysis of comprehensive plans prepared pursuant to this chapter,
for the purposes outlined in subsection (1) of this section. The
department may select appropriate geographic subareas
within a comprehensive plan if that will best serve the purposes of this section and meet the requirements of chapter
43.21C RCW.
(3) An enhanced draft and final nonproject environmental analysis prepared pursuant to this section shall follow the
rules adopted pursuant to chapter 43.21C RCW.
(4) Not later than December 31, 1993, the department
shall evaluate the overall effectiveness of the pilot projects
under this section regarding preparing enhanced nonproject
environmental analysis for the approval process of comprehensive plans and shall:
(a) Provide an interim report of its findings to the legislature with such recommendations as may be appropriate,
including the need, if any, for further legislation;
(b) Consider adoption of any further rules or guidelines
as may be appropriate to assist counties and cities in meeting
requirements of chapter 43.21C RCW when considering
comprehensive plans; and
(c) Prepare and circulate to counties and cities such
instructional manuals or other information derived from the
pilot projects as will assist all counties and cities in meeting
the requirements and objectives of chapter 43.21C RCW in
the most expeditious and efficient manner in the process of
considering comprehensive plans pursuant to this chapter.
[1998 c 245 § 30; 1995 c 399 § 43; 1991 sp.s. c 32 § 20.]
36.70A.385
36.70A.390 Moratoria, interim zoning controls—
Public hearing—Limitation on length—Exceptions. A
county or city governing body that adopts a moratorium,
interim zoning map, interim zoning ordinance, or interim
official control without holding a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control, shall hold a public hearing
on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within at least sixty
days of its adoption, whether or not the governing body
received a recommendation on the matter from the planning
36.70A.390
[Title 36 RCW—page 211]
36.70A.400
Title 36 RCW: Counties
commission or department. If the governing body does not
adopt findings of fact justifying its action before this hearing,
then the governing body shall do so immediately after this
public hearing. A moratorium, interim zoning map, interim
zoning ordinance, or interim official control adopted under
this section may be effective for not longer than six months,
but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A
moratorium, interim zoning map, interim zoning ordinance,
or interim official control may be renewed for one or more
six-month periods if a subsequent public hearing is held and
findings of fact are made prior to each renewal.
This section does not apply to the designation of critical
areas, agricultural lands, forest lands, and mineral resource
lands, under RCW 36.70A.170, and the conservation of these
lands and protection of these areas under RCW 36.70A.060,
prior to such actions being taken in a comprehensive plan
adopted under RCW 36.70A.070 and implementing development regulations adopted under RCW 36.70A.120, if a public
hearing is held on such proposed actions. [1992 c 207 § 6.]
36.70A.400 Accessory apartments. Any local government, as defined in RCW 43.63A.215, that is planning under
this chapter shall comply with RCW 43.63A.215(3). [1993 c
478 § 11.]
36.70A.400
36.70A.410 Treatment of residential structures occupied by persons with handicaps. No county or city that
plans or elects to plan under this chapter may enact or maintain an ordinance, development regulation, zoning regulation
or official control, policy, or administrative practice which
treats a residential structure occupied by persons with handicaps differently than a similar residential structure occupied
by a family or other unrelated individuals. As used in this section, "handicaps" are as defined in the federal fair housing
amendments act of 1988 (42 U.S.C. Sec. 3602). [1993 c 478
§ 23.]
36.70A.410
36.70A.420 Transportation projects—Findings—
Intent. The legislature recognizes that there are major transportation projects that affect multiple jurisdictions as to economic development, fiscal influence, environmental consequences, land use implications, and mobility of people and
goods. The legislature further recognizes that affected jurisdictions have important interests that must be addressed, and
that these jurisdictions’ present environmental planning and
permitting authority may result in multiple local permits and
other requirements being specified for the projects.
The legislature finds that the present permitting system
may result in segmented and sequential decisions by local
governments that do not optimally serve all the parties with
an interest in the decisions. The present system may also
make more difficult achieving the consistency among plans
and actions that is an important aspect of this chapter.
It is the intent of the legislature to provide for more efficiency and equity in the decisions of local governments
regarding major transportation projects by encouraging coordination or consolidation of the processes for reviewing environmental planning and permitting requirements for those
projects. The legislature intends that local governments coor36.70A.420
[Title 36 RCW—page 212]
dinate their regulatory decisions by considering together the
range of local, state, and federal requirements for major transportation projects. Nothing in RCW 36.70A.420 or
36.70A.430 alters the authority of cities or counties under
any other planning or permitting statute. [1994 c 258 § 1.]
Captions not law—1994 c 258: "Section captions used in this act constitute no part of the law." [1994 c 258 § 6.]
36.70A.430
36.70A.430 Transportation projects—Collaborative
review process. For counties engaged in planning under this
chapter, there shall be established by December 31, 1994, a
collaborative process to review and coordinate state and local
permits for all transportation projects that cross more than
one city or county boundary. This process shall at a minimum, establish a mechanism among affected cities and counties to designate a permit coordinating agency to facilitate
multijurisdictional review and approval of such transportation projects. [1994 c 258 § 2.]
Captions not law—1994 c 258: See note following RCW 36.70A.420.
36.70A.450
36.70A.450 Family day-care provider’s home facility—County or city may not prohibit in residential or
commercial area—Conditions. (1) Except as provided in
subsections (2) and (3) of this section, no county or city may
enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or
administrative practice that prohibits the use of a residential
dwelling, located in an area zoned for residential or commercial use, as a family day-care provider’s home facility.
(2) A county or city may require that the facility: (a)
Comply with all building, fire, safety, health code, and business licensing requirements; (b) conform to lot size, building
size, setbacks, and lot coverage standards applicable to the
zoning district except if the structure is a legal nonconforming structure; (c) is certified by the department of early learning licensor as providing a safe passenger loading area; (d)
include signage, if any, that conforms to applicable regulations; and (e) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day-care and who work a
nonstandard work shift.
(3) A county or city may also require that the family daycare provider, before state licensing, require proof of written
notification by the provider that the immediately adjoining
property owners have been informed of the intent to locate
and maintain such a facility. If a dispute arises between
neighbors and the family day-care provider over licensing
requirements, the licensor may provide a forum to resolve the
dispute.
(4) Nothing in this section shall be construed to prohibit
a county or city from imposing zoning conditions on the
establishment and maintenance of a family day-care provider’s home in an area zoned for residential or commercial
use, so long as such conditions are no more restrictive than
conditions imposed on other residential dwellings in the same
zone and the establishment of such facilities is not precluded.
As used in this section, "family day-care provider" is as
defined in RCW 43.215.010. [2007 c 17 § 13; 2003 c 286 §
5; 1995 c 49 § 3; 1994 c 273 § 17.]
(2008 Ed.)
Growth Management—Planning by Selected Counties and Cities
36.70A.460 Watershed restoration projects—Permit
processing—Fish habitat enhancement project. A permit
required under this chapter for a watershed restoration project
as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510. A fish habitat
enhancement project meeting the criteria of *RCW
77.55.290(1) shall be reviewed and approved according to
the provisions of *RCW 77.55.290. [2003 c 39 § 21; 1998 c
249 § 11; 1995 c 378 § 11.]
36.70A.460
*Reviser’s note: RCW 77.55.290 was recodified as RCW 77.55.181
pursuant to 2005 c 146 § 1001.
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.181.
36.70A.470 Project review—Amendment suggestion
procedure—Definitions. (1) Project review, which shall be
conducted pursuant to the provisions of chapter 36.70B
RCW, shall be used to make individual project decisions, not
land use planning decisions. If, during project review, a
county or city planning under RCW 36.70A.040 identifies
deficiencies in plans or regulations:
(a) The permitting process shall not be used as a comprehensive planning process;
(b) Project review shall continue; and
(c) The identified deficiencies shall be docketed for possible future plan or development regulation amendments.
(2) Each county and city planning under RCW
36.70A.040 shall include in its development regulations a
procedure for any interested person, including applicants, citizens, hearing examiners, and staff of other agencies, to suggest plan or development regulation amendments. The suggested amendments shall be docketed and considered on at
least an annual basis, consistent with the provisions of RCW
36.70A.130.
(3) For purposes of this section, a deficiency in a comprehensive plan or development regulation refers to the
absence of required or potentially desirable contents of a
comprehensive plan or development regulation. It does not
refer to whether a development regulation addresses a
project’s probable specific adverse environmental impacts
which the permitting agency could mitigate in the normal
project review process.
(4) For purposes of this section, docketing refers to compiling and maintaining a list of suggested changes to the comprehensive plan or development regulations in a manner that
will ensure such suggested changes will be considered by the
county or city and will be available for review by the public.
[1995 c 347 § 102.]
36.70A.470
Findings—Intent—1995 c 347 § 102: "The legislature finds that during project review, a county or city planning under RCW 36.70A.040 is
likely to discover the need to make various improvements in comprehensive
plans and development regulations. There is no current requirement or process for applicants, citizens, or agency staff to ensure that these improvements are considered in the plan review process. The legislature also finds
that in the past environmental review and permitting of proposed projects
have been used to reopen and make land use planning decisions that should
have been made through the comprehensive planning process, in part
because agency staff and hearing examiners have not been able to ensure
consideration of all issues in the local planning process. The legislature further finds that, while plans and regulations should be improved and refined
over time, it is unfair to penalize applicants that have submitted permit applications that meet current requirements. It is the intent of the legislature in
enacting RCW 36.70A.470 to establish a means by which cities and counties
(2008 Ed.)
36.70A.480
will docket suggested plan or development regulation amendments and
ensure their consideration during the planning process." [1995 c 347 § 101.]
Finding—1995 c 347: "The legislature recognizes by this act that the
growth management act is a fundamental building block of regulatory
reform. The state and local governments have invested considerable
resources in an act that should serve as the integrating framework for all
other land-use related laws. The growth management act provides the means
to effectively combine certainty for development decisions, reasonable environmental protection, long-range planning for cost-effective infrastructure,
and orderly growth and development." [1995 c 347 § 1.]
Severability—1995 c 347: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1995 c 347 § 901.]
Part headings and table of contents not law—1995 c 347: "Part headings and the table of contents as used in this act do not constitute any part of
the law." [1995 c 347 § 902.]
36.70A.480 Shorelines of the state. (1) For shorelines
of the state, the goals and policies of the shoreline management act as set forth in RCW 90.58.020 are added as one of
the goals of this chapter as set forth in RCW 36.70A.020
without creating an order of priority among the fourteen
goals. The goals and policies of a shoreline master program
for a county or city approved under chapter 90.58 RCW shall
be considered an element of the county or city’s comprehensive plan. All other portions of the shoreline master program
for a county or city adopted under chapter 90.58 RCW,
including use regulations, shall be considered a part of the
county or city’s development regulations.
(2) The shoreline master program shall be adopted pursuant to the procedures of chapter 90.58 RCW rather than the
goals, policies, and procedures set forth in this chapter for the
adoption of a comprehensive plan or development regulations.
(3) The policies, goals, and provisions of chapter 90.58
RCW and applicable guidelines shall be the sole basis for
determining compliance of a shoreline master program with
this chapter except as the shoreline master program is
required to comply with the internal consistency provisions
of RCW 36.70A.070, 36.70A.040(4), 35.63.125, and
35A.63.105.
(a) As of the date the department of ecology approves a
local government’s shoreline master program adopted under
applicable shoreline guidelines, the protection of critical
areas as defined by RCW 36.70A.030(5) within shorelines of
the state shall be accomplished only through the local government’s shoreline master program and shall not be subject
to the procedural and substantive requirements of this chapter, except as provided in subsection (6) of this section.
(b) Critical areas within shorelines of the state that have
been identified as meeting the definition of critical areas as
defined by RCW 36.70A.030(5), and that are subject to a
shoreline master program adopted under applicable shoreline
guidelines shall not be subject to the procedural and substantive requirements of this chapter, except as provided in subsection (6) of this section. Nothing in chapter 321, Laws of
2003 is intended to affect whether or to what extent agricultural activities, as defined in RCW 90.58.065, are subject to
chapter 36.70A RCW.
(c) The provisions of RCW 36.70A.172 shall not apply
to the adoption or subsequent amendment of a local government’s shoreline master program and shall not be used to
36.70A.480
[Title 36 RCW—page 213]
36.70A.481
Title 36 RCW: Counties
determine compliance of a local government’s shoreline master program with chapter 90.58 RCW and applicable guidelines. Nothing in this section, however, is intended to limit or
change the quality of information to be applied in protecting
critical areas within shorelines of the state, as required by
chapter 90.58 RCW and applicable guidelines.
(4) Shoreline master programs shall provide a level of
protection to critical areas located within shorelines of the
state that is at least equal to the level of protection provided
to critical areas by the local government’s critical area ordinances adopted and thereafter amended pursuant to RCW
36.70A.060(2).
(5) Shorelines of the state shall not be considered critical
areas under this chapter except to the extent that specific
areas located within shorelines of the state qualify for critical
area designation based on the definition of critical areas provided by RCW 36.70A.030(5) and have been designated as
such by a local government pursuant to RCW 36.70A.060(2).
(6) If a local jurisdiction’s master program does not
include land necessary for buffers for critical areas that occur
within shorelines of the state, as authorized by RCW
90.58.030(2)(f), then the local jurisdiction shall continue to
regulate those critical areas and their required buffers pursuant to RCW 36.70A.060(2). [2003 c 321 § 5; 1995 c 347 §
104.]
Finding—Intent—2003 c 321: See note following RCW 90.58.030.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
36.70A.481 Construction—Chapter 347, Laws of
1995. Nothing in RCW 36.70A.480 shall be construed to
authorize a county or city to adopt regulations applicable to
shorelands as defined in RCW 90.58.030 that are inconsistent
with the provisions of chapter 90.58 RCW. [1995 c 382 §
13.]
36.70A.481
36.70A.490 Growth management planning and environmental review fund—Established. The growth management planning and environmental review fund is hereby
established in the state treasury. Moneys may be placed in the
fund from the proceeds of bond sales, tax revenues, budget
transfers, federal appropriations, gifts, or any other lawful
source. Moneys in the fund may be spent only after appropriation. Moneys in the fund shall be used to make grants to
local governments for the purposes set forth in RCW
43.21C.240, 43.21C.031, or 36.70A.500. [1995 c 347 § 115.]
36.70A.490
Findings—Purpose—1995 c 347 § 115: "(1) The legislature finds that:
(a) As of July 23, 1995, twenty-nine counties and two hundred eight
cities are conducting comprehensive planning under the growth management
act, chapter 36.70A RCW, which together comprise over ninety percent of
the state’s population;
(b) Comprehensive plans for many of the jurisdictions were due by
July 1, 1994, and the remaining jurisdictions must complete plans under due
dates ranging from October 1994 to September 1997;
(c) Concurrently with these comprehensive planning activities, local
governments must conduct several other planning requirements under the
growth management act, such as the adoption of capital facilities plans,
urban growth areas, and development regulations;
(d) Local governments must also comply with the state environmental
policy act, chapter 43.21C RCW, in the development of comprehensive
plans and development regulations;
(e) The combined activities of comprehensive planning and the state
environmental policy act present a serious fiscal burden upon local governments; and
[Title 36 RCW—page 214]
(f) Detailed environmental analysis integrated with comprehensive
plans, subarea plans, and development regulations will facilitate planning for
and managing growth, allow greater protection of the environment, and benefit both the general public and private property owners.
(2) In order to provide financial assistance to cities and counties planning under chapter 36.70A RCW and to improve the usefulness of plans and
integrated environmental analyses, the legislature has created the fund
described in RCW 36.70A.490." [1995 c 347 § 114.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
36.70A.500 Growth management planning and environmental review fund—Awarding of grants—Procedures. (1) The department of community, trade, and economic development shall provide management services for
the fund created by RCW 36.70A.490. The department shall
establish procedures for fund management. The department
shall encourage participation in the grant program by other
public agencies. The department shall develop the grant criteria, monitor the grant program, and select grant recipients in
consultation with state agencies participating in the grant program through the provision of grant funds or technical assistance.
(2) A grant may be awarded to a county or city that is
required to or has chosen to plan under RCW 36.70A.040 and
that is qualified pursuant to this section. The grant shall be
provided to assist a county or city in paying for the cost of
preparing an environmental analysis under chapter 43.21C
RCW, that is integrated with a comprehensive plan, subarea
plan, plan element, county-wide planning policy, development regulation, monitoring program, or other planning
activity adopted under or implementing this chapter that:
(a) Improves the process for project permit review while
maintaining environmental quality; or
(b) Encourages use of plans and information developed
for purposes of complying with this chapter to satisfy
requirements of other state programs.
(3) In order to qualify for a grant, a county or city shall:
(a) Demonstrate that it will prepare an environmental
analysis pursuant to chapter 43.21C RCW and subsection (2)
of this section that is integrated with a comprehensive plan,
subarea plan, plan element, county-wide planning policy,
development regulations, monitoring program, or other planning activity adopted under or implementing this chapter;
(b) Address environmental impacts and consequences,
alternatives, and mitigation measures in sufficient detail to
allow the analysis to be adopted in whole or in part by applicants for development permits within the geographic area
analyzed in the plan;
(c) Demonstrate that procedures for review of development permit applications will be based on the integrated
plans and environmental analysis;
(d) Include mechanisms to monitor the consequences of
growth as it occurs in the plan area and to use the resulting
data to update the plan, policy, or implementing mechanisms
and associated environmental analysis;
(e) Demonstrate substantial progress towards compliance with the requirements of this chapter. A county or city
that is more than six months out of compliance with a
requirement of this chapter is deemed not to be making substantial progress towards compliance; and
36.70A.500
(2008 Ed.)
Growth Management—Planning by Selected Counties and Cities
(f) Provide local funding, which may include financial
participation by the private sector.
(4) In awarding grants, the department shall give preference to proposals that include one or more of the following
elements:
(a) Financial participation by the private sector, or a public/private partnering approach;
(b) Identification and monitoring of system capacities
for elements of the built environment, and to the extent
appropriate, of the natural environment;
(c) Coordination with state, federal, and tribal governments in project review;
(d) Furtherance of important state objectives related to
economic development, protection of areas of statewide significance, and siting of essential public facilities;
(e) Programs to improve the efficiency and effectiveness
of the permitting process by greater reliance on integrated
plans and prospective environmental analysis;
(f) Programs for effective citizen and neighborhood
involvement that contribute to greater likelihood that planning decisions can be implemented with community support;
and
(g) Programs to identify environmental impacts and
establish mitigation measures that provide effective means to
satisfy concurrency requirements and establish project consistency with the plans.
(5) If the local funding includes funding provided by
other state functional planning programs, including open
space planning and watershed or basin planning, the functional plan shall be integrated into and be consistent with the
comprehensive plan.
(6) State agencies shall work with grant recipients to
facilitate state and local project review processes that will
implement the projects receiving grants under this section.
[1997 c 429 § 28; 1995 c 347 § 116.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
36.70A.510 General aviation airports. Adoption and
amendment of comprehensive plan provisions and development regulations under this chapter affecting a general aviation airport are subject to RCW 36.70.547. [1996 c 239 § 5.]
36.70A.530
(2) The comprehensive plan and development regulations specify a mix of residential, commercial, industrial,
tourism-recreation, waterfront, or other historical uses, along
with other uses, infrastructure, and services which promote
the economic sustainability of the town and its historic character. To promote historic preservation, redevelopment, and
an economically sustainable community, the town also may
include the types of uses that existed at times during its history and is not limited to those present at the time of the historic designation. Portions of the town may include urban
densities if they reflect density patterns that existed at times
during its history;
(3) The boundaries of the town include all of the area
contained in the national historic landmark designation,
along with any additional limited areas determined by the
county as appropriate for transitional uses and buffering. Provisions for transitional uses and buffering must be compatible
with the town’s historic character and must protect the existing natural and built environment under the requirements of
this chapter within and beyond the additional limited areas,
including visual compatibility. The comprehensive plan and
development regulations must include restrictions that preclude new urban or suburban land uses in the vicinity of the
town, including the additional limited areas, except in areas
otherwise designated for urban growth under this chapter;
(4) The development regulations provide for architectural controls and review procedures applicable to the rehabilitation, redevelopment, infill, or new development to promote the historic character of the town;
(5) The county finds that the national historic town is
consistent with the development regulations established for
critical areas; and
(6) On-site and off-site infrastructure impacts are fully
considered and mitigated concurrent with development.
A county may allocate a portion of its twenty-year population projection, prepared by the office of financial management, to the national historic town corresponding to the projected number of permanent residents within the national historic town. [2000 c 196 § 1.]
36.70A.510
36.70A.520 National historic towns—Designation.
Counties that are required or choose to plan under RCW
36.70A.040 may authorize and designate national historic
towns that may constitute urban growth outside of urban
growth areas as limited by this section. A national historic
town means a town or district that has been designated a
national historic landmark by the United States secretary of
the interior pursuant to 16 U.S.C. 461 et seq., as amended,
based on its significant historic urban features, and which historically contained a mix of residential and commercial or
industrial uses.
A national historic town may be designated under this
chapter by a county only if:
(1) The comprehensive plan specifically identifies policies to guide the preservation, redevelopment, infill, and
development of the town;
36.70A.520
(2008 Ed.)
36.70A.530 Land use development incompatible with
military installation not allowed—Revision of comprehensive plans and development regulations. (1) Military
installations are of particular importance to the economic
health of the state of Washington and it is a priority of the
state to protect the land surrounding our military installations
from incompatible development.
(2) Comprehensive plans, amendments to comprehensive plans, development regulations, or amendments to
development regulations adopted under this section shall be
adopted or amended concurrent with the scheduled update
provided in RCW 36.70A.130, except that counties and cities
identified in RCW 36.70A.130(4)(a) shall comply with this
section on or before December 1, 2005, and shall thereafter
comply with this section on a schedule consistent with RCW
36.70A.130(4).
(3) A comprehensive plan, amendment to a plan, a development regulation or amendment to a development regulation, should not allow development in the vicinity of a military installation that is incompatible with the installation’s
ability to carry out its mission requirements. A city or county
36.70A.530
[Title 36 RCW—page 215]
36.70A.540
Title 36 RCW: Counties
may find that an existing comprehensive plan or development
regulations are compatible with the installation’s ability to
carry out its mission requirements.
(4) As part of the requirements of RCW 36.70A.070(1)
each county and city planning under RCW 36.70A.040 that
has a federal military installation, other than a reserve center,
that employs one hundred or more personnel and is operated
by the United States department of defense within or adjacent
to its border, shall notify the commander of the military
installation of the county’s or city’s intent to amend its comprehensive plan or development regulations to address lands
adjacent to military installations to ensure those lands are
protected from incompatible development.
(5)(a) The notice provided under subsection (4) of this
section shall request from the commander of the military
installation a written recommendation and supporting facts
relating to the use of land being considered in the adoption of
a comprehensive plan or an amendment to a plan. The notice
shall provide sixty days for a response from the commander.
If the commander does not submit a response to such request
within sixty days, the local government may presume that
implementation of the proposed plan or amendment will not
have any adverse effect on the operation of the installation.
(b) When a county or city intends to amend its development regulations to be consistent with the comprehensive
plan elements addressed in (a) of this subsection, notice shall
be provided to the commander of the military installation
consistent with subsection (4) of this section. The notice
shall request from the commander of the military installation
a written recommendation and supporting facts relating to the
use of land being considered in the amendment to the development regulations. The notice shall provide sixty days for a
response from the commander to the requesting government.
If the commander does not submit a response to such request
within sixty days, the local government may presume that
implementation of the proposed development regulation or
amendment will not have any adverse effect on the operation
of the installation. [2004 c 28 § 2.]
Finding—2004 c 28: "The United States military is a vital component
of the Washington state economy. The protection of military installations
from incompatible development of land is essential to the health of Washington’s economy and quality of life. Incompatible development of land close
to a military installation reduces the ability of the military to complete its
mission or to undertake new missions, and increases its cost of operating.
The department of defense evaluates continued utilization of military installations based upon their operating costs, their ability to carry out missions,
and their ability to undertake new missions." [2004 c 28 § 1.]
36.70A.540 Affordable housing incentive programs—Low-income housing units. (1)(a) Any city or
county planning under RCW 36.70A.040 may enact or
expand affordable housing incentive programs providing for
the development of low-income housing units through development regulations. An affordable housing incentive program may include, but is not limited to:
(i) Density bonuses within the urban growth area;
(ii) Height and bulk bonuses;
(iii) Fee waivers or exemptions;
(iv) Parking reductions;
(v) Expedited permitting, conditioned on provision of
low-income housing units; or
(vi) Mixed use projects.
36.70A.540
[Title 36 RCW—page 216]
(b) The city or county may enact or expand such programs whether or not the programs may impose a tax, fee, or
charge on the development or construction of property.
(c) If a developer chooses not to participate in an
optional affordable housing incentive program adopted and
authorized under this section, a city, county, or town may not
condition, deny, or delay the issuance of a permit or development approval that is consistent with zoning and development standards on the subject property absent incentive provisions of this program.
(2) Affordable housing incentive programs enacted or
expanded under this section shall comply with the following:
(a) The incentives or bonuses shall provide for the construction of low-income housing units;
(b) Jurisdictions shall establish standards for low-income
renter or owner occupancy housing, including income guidelines consistent with local housing needs, to assist
low-income households that cannot afford market-rate housing. Low-income households are defined for renter and
owner occupancy program purposes as follows:
(i) Rental housing units to be developed shall be affordable to and occupied by households with an income of fifty
percent or less of the county median family income, adjusted
for family size; and
(ii) Owner occupancy housing units shall be affordable
to and occupied by households with an income of eighty percent or less of the county median family income, adjusted for
family size. The legislative authority of a jurisdiction, after
holding a public hearing, may establish lower income levels.
The legislative authority of a jurisdiction, after holding a public hearing, may also establish higher income levels for rental
housing or for owner occupancy housing upon finding that
higher income levels are needed to address local housing
market conditions. The higher income level for rental housing may not exceed eighty percent of the county area median
family income. The higher income level for owner occupancy housing may not exceed one hundred percent of the
county area median family income. These established higher
income levels must be considered "low-income" for the purposes of this section;
(c) The jurisdiction shall establish a maximum rent level
or sales price for each low-income housing unit developed
under the terms of a program and may adjust these levels or
prices based on the average size of the household expected to
occupy the unit. For renter-occupied housing units, the total
housing costs, including basic utilities as determined by the
jurisdiction, may not exceed thirty percent of the income
limit for the low-income housing unit;
(d) Low-income housing units shall be provided in a
range of sizes comparable to those units that are available to
other residents. To the extent practicable, the number of bedrooms in low-income units must be in the same proportion as
the number of bedrooms in units within the entire building.
The low-income units shall generally be distributed throughout the building, except that units may be provided in an adjacent building. The low-income units shall have substantially
the same functionality as the other units in the building or
buildings;
(e) Low-income housing units developed under an
affordable housing incentive program shall be committed to
continuing affordability for at least fifty years. A local gov(2008 Ed.)
Growth Management—Planning by Selected Counties and Cities
ernment, however, may accept payments in lieu of continuing
affordability. The program shall include measures to enforce
continuing affordability and income standards applicable to
low-income units constructed under this section that may
include, but are not limited to, covenants, options, or other
agreements to be executed and recorded by owners and
developers;
(f) Programs authorized under subsection (1) of this section may apply to part or all of a jurisdiction and different
standards may be applied to different areas within a jurisdiction. Programs authorized under this section may be modified to meet local needs and may include provisions not
expressly provided in this section or RCW 82.02.020; and
(g) Low-income housing units developed under an
affordable housing incentive program are encouraged to be
provided within market-rate housing developments for which
a bonus or incentive is provided. However, programs may
allow units to be provided in an adjacent building and may
allow payments of money or property in lieu of low-income
housing units if the payment equals the approximate cost of
developing the same number and quality of housing units that
would otherwise be developed. Any city or county shall use
these funds or property to support the development of
low-income housing, including support provided through
loans or grants to public or private owners or developers of
housing.
(3) Affordable housing incentive programs enacted or
expanded under this section may be applied within the jurisdiction to address the need for increased residential development, consistent with local growth management and housing
policies, as follows:
(a) The jurisdiction shall identify certain land use designations within a geographic area where increased residential
development will assist in achieving local growth management and housing policies;
(b) The jurisdiction shall provide increased residential
development capacity through zoning changes, bonus densities, height and bulk increases, parking reductions, or other
regulatory changes or other incentives;
(c) The jurisdiction shall determine that increased residential development capacity or other incentives can be
achieved within the identified area, subject to consideration
of other regulatory controls on development; and
(d) The jurisdiction may establish a minimum amount of
affordable housing that must be provided by all residential
developments being built under the revised regulations, consistent with the requirements of this section. [2006 c 149 §
2.]
Findings—2006 c 149: "The legislature finds that as new market-rate
housing developments are constructed and housing costs rise, there is a significant and growing number of low-income households that cannot afford
market-rate housing in Washington state. The legislature finds that assistance to low-income households that cannot afford market-rate housing
requires a broad variety of tools to address this serious, statewide problem.
The legislature further finds that absent any incentives to provide lowincome housing, market conditions will result in housing developments in
many areas that lack units affordable to low-income households, circumstances that can cause adverse socioeconomic effects.
The legislature encourages cities, towns, and counties to enact or
expand affordable housing incentive programs, including density bonuses
and other incentives, to increase the availability of low-income housing for
renter and owner occupancy that is located in largely market-rate housing
developments throughout the community, consistent with local needs and
adopted comprehensive plans. While this act establishes minimum standards
(2008 Ed.)
36.70A.560
for those cities, towns, and counties choosing to implement or expand upon
an affordable housing incentive program, cities, towns, and counties are
encouraged to enact programs that address local circumstances and conditions while simultaneously contributing to the statewide need for additional
low-income housing." [2006 c 149 § 1.]
Construction—2006 c 149: "The powers granted in this act are supplemental and additional to the powers otherwise held by local governments,
and nothing in this act shall be construed as a limit on such powers. The
authority granted in this act shall extend to any affordable housing incentive
program enacted or expanded prior to June 7, 2006, if the extension is
adopted by the applicable local government in an ordinance or resolution."
[2006 c 149 § 4.]
36.70A.550 Aquifer conservation zones. (1) Any city
coterminous with, and comprised only of, an island that relies
solely on groundwater aquifers for its potable water source
and does not have reasonable access to a potable water source
outside its jurisdiction may designate one or more aquifer
conservation zones.
Aquifer conservation zones may only be designated for
the purpose of conserving and protecting potable water
sources.
(2) Aquifer conservation zones may not be considered
critical areas under this chapter except to the extent that specific areas located within aquifer conservation zones qualify
for critical area designation and have been designated as such
under RCW 36.70A.060(2).
(3) Any city may consider whether an area is within an
aquifer conservation zone when determining the residential
density of that particular area. The residential densities
within conservation zones, in combination with other densities of the city, must be sufficient to accommodate projected
population growth under RCW 36.70A.110.
(4) Nothing in this section may be construed to modify
the population accommodation obligations required of jurisdictions under this chapter. [2007 c 159 § 1.]
36.70A.550
36.70A.560 Viability of agricultural lands—Deferral
requirements—Definition. (Expires December 1, 2011.)
(1) For the period beginning May 1, 2007, and concluding
July 1, 2010, counties and cities may not amend or adopt critical area ordinances under RCW 36.70A.060(2) as they specifically apply to agricultural activities. Nothing in this section:
(a) Nullifies critical area ordinances adopted by a county
or city prior to May 1, 2007, to comply with RCW
36.70A.060(2);
(b) Limits or otherwise modifies the obligations of a
county or city to comply with the requirements of this chapter
pertaining to critical areas not associated with agricultural
activities; or
(c) Limits the ability of a county or city to adopt or
employ voluntary measures or programs to protect or
enhance critical areas associated with agricultural activities.
(2) Counties and cities subject to deferral requirements
under subsection (1) of this section:
(a) Should implement voluntary programs to enhance
public resources and the viability of agriculture. Voluntary
programs implemented under this subsection (2)(a) must
include measures to evaluate the successes of these programs; and
(b) Must review and, if necessary, revise critical area
ordinances as they specifically apply to agricultural activities
36.70A.560
[Title 36 RCW—page 217]
36.70A.5601
Title 36 RCW: Counties
to comply with the requirements of this chapter by December
1, 2011.
(3) For purposes of this section and RCW 36.70A.5601,
"agricultural activities" means agricultural uses and practices
currently existing or legally allowed on rural land or agricultural land designated under RCW 36.70A.170 including, but
not limited to: Producing, breeding, or increasing agricultural products; rotating and changing agricultural crops;
allowing land used for agricultural activities to lie fallow in
which it is plowed and tilled but left unseeded; allowing land
used for agricultural activities to lie dormant as a result of
adverse agricultural market conditions; allowing land used
for agricultural activities to lie dormant because the land is
enrolled in a local, state, or federal conservation program, or
the land is subject to a conservation easement; conducting
agricultural operations; maintaining, repairing, and replacing
agricultural equipment; maintaining, repairing, and replacing
agricultural facilities, when the replacement facility is no
closer to a critical area than the original facility; and maintaining agricultural lands under production or cultivation.
[2007 c 353 § 2.]
Finding—Intent—2007 c 353: "(1) The legislature finds that the goal
of preserving Washington’s agricultural lands is shared by citizens throughout the state. The legislature recognizes that efforts to achieve a balance
between the productive use of these resource lands and associated regulatory
requirements have proven difficult, but that good faith efforts to seek solutions have yielded successes. The legislature believes that this willingness to
find and pursue common ground will enable Washingtonians to enjoy the
benefits of a successful agricultural economy and a healthy environment,
while also preventing the unnecessary conversion of valuable agricultural
lands.
(2) The legislature, therefore, intends this act, the temporary delays it
establishes for amending or adopting provisions of certain critical area ordinances, and the duties and requirements it prescribes for the William D.
Ruckelshaus Center, to be expressions of progress in resolving, harmonizing,
and advancing commonly held environmental protection and agricultural
viability goals.
(3) The legislature fully expects the duties and requirements it is prescribing for the Ruckelshaus Center to be successful. If, however, the efforts
of the center do not result in agreement on how to best address the conflicts
between agricultural activities and certain regulatory requirements as they
apply to agricultural activities, the legislature intends, upon the expiration of
the delay, to require jurisdictions that have delayed amending or adopting
certain regulatory measures to promptly complete all regulatory amendments
or adoptions necessary to comply with the growth management act.
(4) The legislature does not intend this act to reduce or otherwise
diminish existing critical area ordinances that apply to agricultural activities
during the deferral period established in RCW 36.70A.560." [2007 c 353 §
1.]
Effective date—2007 c 353: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 8, 2007]." [2007 c 353 § 5.]
Expiration date—2007 c 353: "This act expires December 1, 2011."
[2007 c 353 § 6.]
36.70A.5601 Viability of agricultural lands—Ruckelshaus Center examination, report. (Expires December
1, 2011.) (1) Subject to the availability of amounts appropriated for this specific purpose, the William D. Ruckelshaus
Center must conduct an examination of the conflicts between
agricultural activities and critical area ordinances adopted
under chapter 36.70A RCW. The examination required by
this section must commence by July 1, 2007.
(2) In fulfilling the requirements of this section, the center must: (a) Work and consult with willing participants
including, but not limited to, agricultural, environmental,
36.70A.5601
[Title 36 RCW—page 218]
tribal, and local government interests; and (b) involve and
apprise legislators and legislative staff of its efforts.
(3) The examination conducted by the center must be
completed in two distinct phases in accordance with the following:
(a) In the first phase, the center must conduct fact-finding and stakeholder discussions with stakeholders identified
in subsection (2) of this section. These discussions must
identify stakeholder concerns, desired outcomes, opportunities, and barriers. The fact-finding must identify existing regulatory, management, and scientific information related to
agricultural activities and critical areas including, but not limited to: (i) Critical area ordinances adopted under chapter
36.70A RCW; (ii) acreage enrolled in the conservation
reserve enhancement program; (iii) acreage protected by conservation easements; (iv) buffer widths; (v) requirements of
federally approved salmon recovery plans; (vi) the impacts of
agricultural activities on Puget Sound recovery efforts; and
(vii) compliance with water quality requirements. The center
must issue two reports of its fact-finding efforts and stakeholder discussions to the governor and the appropriate committees of the house of representatives and the senate by
December 1, 2007, and December 1, 2008; and
(b)(i) In the second phase, the center must facilitate discussions between the stakeholders identified in subsection (2)
of this section to identify policy and financial options or
opportunities to address the issues and desired outcomes
identified by stakeholders in the first phase of the center’s
examination efforts.
(ii) In particular, the stakeholders must examine innovative solutions including, but not limited to, outcome-based
approaches that incorporate, to the maximum extent practicable, voluntary programs or approaches. Additionally, stakeholders must examine ways to modify statutory provisions to
ensure that regulatory constraints on agricultural activities
are used as a last resort if desired outcomes are not achieved
through voluntary programs or approaches.
(iii) The center must work to achieve agreement among
participating stakeholders and to develop a coalition that can
be used to support agreed upon changes or new approaches to
protecting critical areas during the 2010 legislative session.
(4) The center must issue a final report of findings and
legislative recommendations to the governor and the appropriate committees of the house of representatives and the senate by September 1, 2009. [2007 c 353 § 3.]
Finding—Intent—Effective date—Expiration date—2007 c 353:
See notes following RCW 36.70A.560.
36.70A.570 Regulation of forest practices. (1) Each
county, city, and town assuming regulation of forest practices
as provided in RCW 76.09.240 (1) and (2) shall adopt development regulations that:
(a) Protect public resources, as defined in RCW
76.09.020, from material damage or the potential for material
damage;
(b) Require appropriate approvals for all phases of the
conversion of forest lands, including clearing and grading;
(c) Are guided by the planning goals in RCW
36.70A.020 and by the purposes and policies of the forest
practices act as set forth in RCW 76.09.010; and
36.70A.570
(2008 Ed.)
Growth Management—Planning by Selected Counties and Cities
(d) Are consistent with or supplement development regulations that protect critical areas pursuant to RCW
36.70A.060.
(2) If necessary, each county, city, or town that assumes
regulation of forest practices under RCW 76.09.240 shall
amend its comprehensive plan to ensure consistency between
its comprehensive plan and development regulations.
(3) Before a county, city, or town may regulate forest
practices under RCW 76.09.240 (1) and (2), it shall update its
development regulations as required by RCW 36.70A.130
and, if applicable, RCW 36.70A.215. Forest practices regulations adopted under RCW 76.09.240 (1) and (2) may be
adopted as part of the legislative action taken under RCW
36.70A.130 or 36.70A.215. [2007 c 236 § 2.]
36.70A.580
36.70A.580 Climate change mitigation—Advisory
methodologies, computer programs, and estimates—
Vehicle miles traveled. (Expires January 1, 2011.) (1) The
department must develop and provide to counties and cities a
range of advisory climate change response methodologies, a
computer modeling program, and estimates of greenhouse
gas emission reductions resulting from specific measures.
The advisory methodologies, computer modeling program,
and estimates must reflect regional and local variations and
the diversity of counties and cities planning under RCW
36.70A.040. Advisory methodologies, the computer modeling program, estimates, and guidance developed under this
section must be consistent with recommendations developed
by the advisory policy committee established in section 4,
chapter 289, Laws of 2008.
(2) The department, in complying with this section, must
work with the department of transportation on reductions of
vehicle miles traveled through efforts associated with, and
independent of, the process directed by RCW 47.01.440.
(3) The department must complete and make available
the advisory climate change response methodologies, computer program, and estimates required by this section by
December 1, 2009. The advisory climate change response
methodologies, computer program, and estimates must be
updated two years before each completion date established in
RCW 36.70A.130(4)(a).
(4) This section expires January 1, 2011. [2008 c 289 §
2.]
Findings—2008 c 289: "(1) The legislature recognizes that the implications of a changed climate will affect the people, institutions, and economies of Washington. The legislature also recognizes that it is in the public
interest to reduce the state’s dependence upon foreign sources of carbon
fuels that do not promote energy independence or the economic strength of
the state. The legislature finds that the state, including its counties, cities,
and residents, must engage in activities that reduce greenhouse gas emissions
and dependence upon foreign oil.
(2) The legislature further recognizes that: (a) Patterns of land use
development influence transportation-related greenhouse gas emissions and
the need for foreign oil; (b) fossil fuel-based transportation is the largest
source of greenhouse gas emissions in Washington; and (c) the state and its
residents will not achieve emission reductions established in *RCW
80.80.020 without a significant decrease in transportation emissions.
(3) The legislature, therefore, finds that it is in the public interest of the
state to provide appropriate legal authority, where required, and to aid in the
development of policies, practices, and methodologies that may assist counties and cities in addressing challenges associated with greenhouse gas emissions and our state’s dependence upon foreign oil." [2008 c 289 § 1.]
*Reviser’s note: RCW 80.80.020 was repealed by 2008 c 14 § 13.
(2008 Ed.)
36.70A.800
Application—2008 c 289: "This act is not intended to amend or affect
chapter 353, Laws of 2007." [2008 c 289 § 6.]
36.70A.5801 Global warming mitigation and adaptation program—Report. (Expires January 1, 2011.) (1) A
local government global warming mitigation and adaptation
program is established. The program must be administered
by the department of community, trade, and economic development and must conclude by June 30, 2010. The department must, through a competitive process, select three or
fewer counties and six or fewer cities for the program. Counties selected must reflect a range of opportunities to address
climate change in urbanizing, resource, or agricultural areas.
Cities selected must reflect a range of sizes, geographic locations, and variations between those that are highly urbanized
and those that are less so that have more residential dwellings
than employment positions.
(2) The program is established to assist the selected
counties and cities that: (a) Are addressing climate change
through their land use and transportation planning processes;
and (b) aspire to address climate change through their land
use and transportation planning processes, but lack necessary
resources to do so. The department of community, trade, and
economic development may fund proposals to inventory and
mitigate global warming emissions, or adapt to the adverse
impacts of global warming, using criteria it develops to
accomplish the objectives of this section and RCW
36.70A.580 and section 4, chapter 289, Laws of 2008.
(3) The department of community, trade, and economic
development must provide grants and technical assistance to
aid the selected counties and cities in their efforts to anticipate, mitigate, and adapt to global warming and its associated
problems. The department, in providing grants and technical
assistance, must ensure that grants and assistance are
awarded to counties and cities meeting the criteria established in subsection (2)(a) and (b) of this section.
(4) The department of community, trade, and economic
development must provide a report of program findings and
recommendations to the governor and the appropriate committees of the house of representatives and the senate by January 1, 2011. The report must also consider the positive and
negative impacts to affordable housing, employment, transportation costs, and economic development that result from
addressing the impacts of climate change at the local level.
(5) This section expires January 1, 2011. [2008 c 289 §
3.]
36.70A.5801
Findings—Application—2008 c 289: See notes following RCW
36.70A.580.
36.70A.800 Role of growth strategies commission.
The growth strategies commission created by executive order
shall:
(1) Analyze different methods for assuring that county
and city comprehensive plans adopted under chapter 36.70A
RCW are consistent with the planning goals under RCW
36.70A.020 and with other requirements of chapter 36.70A
RCW;
(2) Recommend to the legislature and the governor by
October 1, 1990, a specific structure or process that, among
other things:
36.70A.800
[Title 36 RCW—page 219]
36.70A.900
Title 36 RCW: Counties
(a) Ensures county and city comprehensive plans
adopted under chapter 36.70A RCW are coordinated and
comply with planning goals and other requirements under
chapter 36.70A RCW;
(b) Requires state agencies to comply with this chapter
and to consider and be consistent with county and city comprehensive plans in actions by state agencies, including the
location, financing, and expansion of transportation systems
and other public facilities;
(c) Defines the state role in growth management;
(d) Addresses lands and resources of statewide significance, including to:
(i) Protect these lands and resources of statewide significance by developing standards for their preservation and protection and suggesting the appropriate structure to monitor
and enforce the preservation of these lands and resources; and
(ii) Consider the environmental, economic, and social
values of the lands and resources with statewide significance;
(e) Identifies potential state funds that may be withheld
and incentives that promote county and city compliance with
chapter 36.70A RCW;
(f) Increases affordable housing statewide and promotes
linkages between land use and transportation;
(g) Addresses vesting of rights; and
(h) Addresses short subdivisions; and
(3) Develop recommendations to provide for the resolution of disputes over urban growth areas between counties
and cities, including incorporations and annexations. [1990
1st ex.s. c 17 § 86.]
36.70A.900 Severability—1990 1st ex.s. c 17. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1990 1st ex.s. c 17 § 88.]
36.70A.900
36.70B.110 Notice of application—Required elements—Integration with
other review procedures—Administrative appeals (as
amended by 1997 c 396).
36.70B.110 Notice of application—Required elements—Integration with
other review procedures—Administrative appeals (as
amended by 1997 c 429).
36.70B.120 Permit review process.
36.70B.130 Notice of decision—Distribution.
36.70B.140 Project permits that may be excluded from review.
36.70B.150 Local governments not planning under the growth management act may use provisions.
36.70B.160 Additional project review encouraged—Construction.
36.70B.170 Development agreements—Authorized.
36.70B.180 Development agreements—Effect.
36.70B.190 Development agreements—Recording—Parties and successors bound.
36.70B.200 Development agreements—Public hearing.
36.70B.210 Development agreements—Authority to impose fees not
extended.
36.70B.220 Permit assistance staff.
36.70B.230 Planning regulations—Copies provided to county assessor.
36.70B.900 Finding—Severability—Part headings and table of contents
not law—1995 c 347.
36.70B.010 Findings and declaration. The legislature
finds and declares the following:
(1) As the number of environmental laws and development regulations has increased for land uses and development, so has the number of required local land use permits,
each with its own separate approval process.
(2) The increasing number of local and state land use
permits and separate environmental review processes
required by agencies has generated continuing potential for
conflict, overlap, and duplication between the various permit
and review processes.
(3) This regulatory burden has significantly added to the
cost and time needed to obtain local and state land use permits and has made it difficult for the public to know how and
when to provide timely comments on land use proposals that
require multiple permits and have separate environmental
review processes. [1995 c 347 § 401.]
36.70B.010
36.70B.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Closed record appeal" means an administrative
appeal on the record to a local government body or officer,
including the legislative body, following an open record hearing on a project permit application when the appeal is on the
record with no or limited new evidence or information
allowed to be submitted and only appeal argument allowed.
(2) "Local government" means a county, city, or town.
(3) "Open record hearing" means a hearing, conducted
by a single hearing body or officer authorized by the local
government to conduct such hearings, that creates the local
government’s record through testimony and submission of
evidence and information, under procedures prescribed by
the local government by ordinance or resolution. An open
record hearing may be held prior to a local government’s
decision on a project permit to be known as an "open record
predecision hearing." An open record hearing may be held
on an appeal, to be known as an "open record appeal hearing," if no open record predecision hearing has been held on
the project permit.
(4) "Project permit" or "project permit application"
means any land use or environmental permit or license
required from a local government for a project action, includ36.70B.020
36.70A.901 Part, section headings not law—1990 1st
ex.s. c 17. Part and section headings as used in this act do not
constitute any part of the law. [1990 1st ex.s. c 17 § 89.]
36.70A.901
36.70A.902 Section headings not law—1991 sp.s. c
32. Section headings as used in this act do not constitute any
part of the law. [1991 sp.s. c 32 § 40.]
36.70A.902
Chapter 36.70B
Chapter 36.70B RCW
LOCAL PROJECT REVIEW
Sections
36.70B.010
36.70B.020
36.70B.030
36.70B.040
36.70B.050
36.70B.060
36.70B.070
36.70B.080
36.70B.100
Findings and declaration.
Definitions.
Project review—Required elements—Limitations.
Determination of consistency.
Local government review of project permit applications
required—Objectives.
Local governments planning under the growth management
act to establish integrated and consolidated project permit
process—Required elements.
Project permit applications—Determination of completeness—Notice to applicant.
Development regulations—Requirements—Report on implementation costs.
Designation of person or entity to receive determinations and
notices.
[Title 36 RCW—page 220]
(2008 Ed.)
Local Project Review
ing but not limited to building permits, subdivisions, binding
site plans, planned unit developments, conditional uses,
shoreline substantial development permits, site plan review,
permits or approvals required by critical area ordinances,
site-specific rezones authorized by a comprehensive plan or
subarea plan, but excluding the adoption or amendment of a
comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection.
(5) "Public meeting" means an informal meeting, hearing, workshop, or other public gathering of people to obtain
comments from the public or other agencies on a proposed
project permit prior to the local government’s decision. A
public meeting may include, but is not limited to, a design
review or architectural control board meeting, a special
review district or community council meeting, or a scoping
meeting on a draft environmental impact statement. A public
meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or
recommendation may be included in the local government’s
project permit application file. [1995 c 347 § 402.]
36.70B.030 Project review—Required elements—
Limitations. (1) Fundamental land use planning choices
made in adopted comprehensive plans and development regulations shall serve as the foundation for project review. The
review of a proposed project’s consistency with applicable
development regulations, or in the absence of applicable regulations the adopted comprehensive plan, under RCW
36.70B.040 shall incorporate the determinations under this
section.
(2) During project review, a local government or any
subsequent reviewing body shall determine whether the items
listed in this subsection are defined in the development regulations applicable to the proposed project or, in the absence of
applicable regulations the adopted comprehensive plan. At a
minimum, such applicable regulations or plans shall be determinative of the:
(a) Type of land use permitted at the site, including uses
that may be allowed under certain circumstances, such as
planned unit developments and conditional and special uses,
if the criteria for their approval have been satisfied;
(b) Density of residential development in urban growth
areas; and
(c) Availability and adequacy of public facilities identified in the comprehensive plan, if the plan or development
regulations provide for funding of these facilities as required
by chapter 36.70A RCW.
(3) During project review, the local government or any
subsequent reviewing body shall not reexamine alternatives
to or hear appeals on the items identified in subsection (2) of
this section, except for issues of code interpretation. As part
of its project review process, a local government shall provide a procedure for obtaining a code interpretation as provided in RCW 36.70B.110.
(4) Pursuant to RCW 43.21C.240, a local government
may determine that the requirements for environmental analysis and mitigation measures in development regulations and
other applicable laws provide adequate mitigation for some
or all of the project’s specific adverse environmental impacts
to which the requirements apply.
36.70B.030
(2008 Ed.)
36.70B.030
(5) Nothing in this section limits the authority of a permitting agency to approve, condition, or deny a project as
provided in its development regulations adopted under chapter 36.70A RCW and in its policies adopted under RCW
43.21C.060. Project review shall be used to identify specific
project design and conditions relating to the character of
development, such as the details of site plans, curb cuts,
drainage swales, transportation demand management, the
payment of impact fees, or other measures to mitigate a proposal’s probable adverse environmental impacts, if applicable.
(6) Subsections (1) through (4) of this section apply only
to local governments planning under RCW 36.70A.040.
[1995 c 347 § 404.]
Intent—Findings—1995 c 347 §§ 404 and 405: "In enacting RCW
36.70B.030 and 36.70B.040, the legislature intends to establish a mechanism
for implementing the provisions of chapter 36.70A RCW regarding compliance, conformity, and consistency of proposed projects with adopted comprehensive plans and development regulations. In order to achieve this purpose the legislature finds that:
(1) Given the extensive investment that public agencies and a broad
spectrum of the public are making and will continue to make in comprehensive plans and development regulations for their communities, it is essential
that project review start from the fundamental land use planning choices
made in these plans and regulations. If the applicable regulations or plans
identify the type of land use, specify residential density in urban growth
areas, and identify and provide for funding of public facilities needed to
serve the proposed development and site, these decisions at a minimum provide the foundation for further project review unless there is a question of
code interpretation. The project review process, including the environmental
review process under chapter 43.21C RCW and the consideration of consistency, should start from this point and should not reanalyze these land use
planning decisions in making a permit decision.
(2) Comprehensive plans and development regulations adopted by
local governments under chapter 36.70A RCW and environmental laws and
rules adopted by the state and federal government have addressed a wide
range of environmental subjects and impacts. These provisions typically
require environmental studies and contain specific standards to address various impacts associated with a proposed development, such as building size
and location, drainage, transportation requirements, and protection of critical
areas. When a permitting agency applies these existing requirements to a
proposed project, some or all of a project’s potential environmental impacts
will be avoided or otherwise mitigated. Through the integrated project
review process described in subsection (1) of this section, the local government will determine whether existing requirements, including the applicable
regulations or plans, adequately analyze and address a project’s environmental impacts. RCW 43.21C.240 provides that project review should not
require additional studies or mitigation under chapter 43.21C RCW where
existing regulations have adequately addressed a proposed project’s probable specific adverse environmental impacts.
(3) Given the hundreds of jurisdictions and agencies in the state and the
numerous communities and applicants affected by development regulations
and comprehensive plans adopted under chapter 36.70A RCW, it is essential
to establish a uniform framework for considering the consistency of a proposed project with the applicable regulations or plan. Consistency should be
determined in the project review process by considering four factors found in
applicable regulations or plans: The type of land use allowed; the level of
development allowed, such as units per acre or other measures of density;
infrastructure, such as the adequacy of public facilities and services to serve
the proposed project; and the character of the proposed development, such as
compliance with specific development standards. This uniform approach
corresponds to existing project review practices and will not place a burden
on applicants or local government. The legislature intends that this approach
should be largely a matter of checking compliance with existing requirements for most projects, which are simple or routine, while more complex
projects may require more analysis. RCW 43.21C.240 and 36.70B.030
establish this uniform framework and also direct state agencies to consult
with local government and the public to develop a better format than the current environmental checklist to meet this objective.
(4) When an applicant applies for a project permit, consistency
between the proposed project and applicable regulations or plan should be
determined through a project review process that integrates land use and
[Title 36 RCW—page 221]
36.70B.040
Title 36 RCW: Counties
environmental impact analysis, so that governmental and public review of
the proposed project as required by this chapter, by development regulations
under chapter 36.70A RCW, and by the environmental process under chapter
43.21C RCW run concurrently and not separately.
(5) RCW 36.70B.030 and 36.70B.040 address three related needs with
respect to how the project review process should address consistency
between a proposed project and the applicable regulations or plan:
(a) A uniform framework for the meaning of consistency;
(b) An emphasis on relying on existing requirements and adopted standards, with the use of supplemental authority as specified by chapter 43.21C
RCW to the extent that existing requirements do not adequately address a
project’s specific probable adverse environmental impacts; and
(c) The identification of three basic land use planning choices made in
applicable regulations or plans that, at a minimum, serve as a foundation for
project review and that should not be reanalyzed during project permitting."
[1995 c 347 § 403.]
36.70B.040 Determination of consistency. (1) A proposed project’s consistency with a local government’s development regulations adopted under chapter 36.70A RCW, or,
in the absence of applicable development regulations, the
appropriate elements of the comprehensive plan adopted
under chapter 36.70A RCW shall be decided by the local
government during project review by consideration of:
(a) The type of land use;
(b) The level of development, such as units per acre or
other measures of density;
(c) Infrastructure, including public facilities and services
needed to serve the development; and
(d) The characteristics of the development, such as
development standards.
(2) In deciding whether a project is consistent, the determinations made pursuant to RCW 36.70B.030(2) shall be
controlling.
(3) For purposes of this section, the term "consistency"
shall include all terms used in this chapter and chapter
36.70A RCW to refer to performance in accordance with this
chapter and chapter 36.70A RCW, including but not limited
to compliance, conformity, and consistency.
(4) Nothing in this section requires documentation, dictates an agency’s procedures for considering consistency, or
limits a city or county from asking more specific or related
questions with respect to any of the four main categories
listed in subsection (1)(a) through (d) of this section.
(5) The department of community, trade, and economic
development is authorized to develop and adopt by rule criteria to assist local governments planning under RCW
36.70A.040 to analyze the consistency of project actions.
These criteria shall be jointly developed with the department
of ecology. [1997 c 429 § 46; 1995 c 347 § 405.]
36.70B.040
Severability—1997 c 429: See note following RCW 36.70A.3201.
Intent—Findings—1995 c 347 §§ 404 and 405: See note following
RCW 36.70B.030.
36.70B.050 Local government review of project permit applications required—Objectives. Not later than
March 31, 1996, each local government shall provide by
ordinance or resolution for review of project permit applications to achieve the following objectives:
(1) Combine the environmental review process, both
procedural and substantive, with the procedure for review of
project permits; and
(2) Except for the appeal of a determination of significance as provided in RCW 43.21C.075, provide for no more
36.70B.050
[Title 36 RCW—page 222]
than one open record hearing and one closed record appeal.
[1995 c 347 § 406.]
36.70B.060 Local governments planning under the
growth management act to establish integrated and consolidated project permit process—Required elements.
Not later than March 31, 1996, each local government planning under RCW 36.70A.040 shall establish by ordinance or
resolution an integrated and consolidated project permit process that may be included in its development regulations. In
addition to the elements required by RCW 36.70B.050, the
process shall include the following elements:
(1) A determination of completeness to the applicant as
required by RCW 36.70B.070;
(2) A notice of application to the public and agencies
with jurisdiction as required by RCW 36.70B.110;
(3) Except as provided in RCW 36.70B.140, an optional
consolidated project permit review process as provided in
RCW 36.70B.120. The review process shall provide for no
more than one consolidated open record hearing and one
closed record appeal. If an open record predecision hearing is
provided prior to the decision on a project permit, the process
shall not allow a subsequent open record appeal hearing;
(4) Provision allowing for any public meeting or
required open record hearing to be combined with any public
meeting or open record hearing that may be held on the
project by another local, state, regional, federal, or other
agency, in accordance with provisions of RCW *36.70B.090
and 36.70B.110;
(5) A single report stating all the decisions made as of the
date of the report on all project permits included in the consolidated permit process that do not require an open record
predecision hearing and any recommendations on project
permits that do not require an open record predecision hearing. The report shall state any mitigation required or proposed under the development regulations or the agency’s
authority under RCW 43.21C.060. The report may be the
local permit. If a threshold determination other than a determination of significance has not been issued previously by
the local government, the report shall include or append this
determination;
(6) Except for the appeal of a determination of significance as provided in RCW 43.21C.075, if a local government
elects to provide an appeal of its threshold determinations or
project permit decisions, the local government shall provide
for no more than one consolidated open record hearing on
such appeal. The local government need not provide for any
further appeal and may provide an appeal for some but not all
project permit decisions. If an appeal is provided after the
open record hearing, it shall be a closed record appeal before
a single decision-making body or officer;
(7) A notice of decision as required by RCW 36.70B.130
and issued within the time period provided in RCW
36.70B.080 and *36.70B.090;
(8) Completion of project review by the local government, including environmental review and public review and
any appeals to the local government, within any applicable
time periods under *RCW 36.70B.090; and
(9) Any other provisions not inconsistent with the
requirements of this chapter or chapter 43.21C RCW. [1995
c 347 § 407.]
36.70B.060
(2008 Ed.)
Local Project Review
*Reviser’s note: RCW 36.70B.090 expired June 30, 2000, pursuant to
1998 c 286 § 8.
36.70B.070 Project permit applications—Determination of completeness—Notice to applicant. (1) Within
twenty-eight days after receiving a project permit application, a local government planning pursuant to RCW
36.70A.040 shall mail or provide in person a written determination to the applicant, stating either:
(a) That the application is complete; or
(b) That the application is incomplete and what is necessary to make the application complete.
To the extent known by the local government, the local
government shall identify other agencies of local, state, or
federal governments that may have jurisdiction over some
aspect of the application.
(2) A project permit application is complete for purposes
of this section when it meets the procedural submission
requirements of the local government and is sufficient for
continued processing even though additional information
may be required or project modifications may be undertaken
subsequently. The determination of completeness shall not
preclude the local government from requesting additional
information or studies either at the time of the notice of completeness or subsequently if new information is required or
substantial changes in the proposed action occur.
(3) The determination of completeness may include the
following as optional information:
(a) A preliminary determination of those development
regulations that will be used for project mitigation;
(b) A preliminary determination of consistency, as provided under RCW 36.70B.040; or
(c) Other information the local government chooses to
include.
(4)(a) An application shall be deemed complete under
this section if the local government does not provide a written
determination to the applicant that the application is incomplete as provided in subsection (1)(b) of this section.
(b) Within fourteen days after an applicant has submitted
to a local government additional information identified by the
local government as being necessary for a complete application, the local government shall notify the applicant whether
the application is complete or what additional information is
necessary. [1995 c 347 § 408; 1994 c 257 § 4. Formerly
RCW 36.70A.440.]
36.70B.070
Severability—1994 c 257: See note following RCW 36.70A.270.
36.70B.080 Development regulations—Requirements—Report on implementation costs. (1) Development regulations adopted pursuant to RCW 36.70A.040 must
establish and implement time periods for local government
actions for each type of project permit application and provide timely and predictable procedures to determine whether
a completed project permit application meets the requirements of those development regulations. The time periods
for local government actions for each type of complete
project permit application or project type should not exceed
one hundred twenty days, unless the local government makes
written findings that a specified amount of additional time is
needed to process specific complete project permit applications or project types.
36.70B.080
(2008 Ed.)
36.70B.080
The development regulations must, for each type of permit application, specify the contents of a completed project
permit application necessary for the complete compliance
with the time periods and procedures.
(2)(a) Counties subject to the requirements of RCW
36.70A.215 and the cities within those counties that have
populations of at least twenty thousand must, for each type of
permit application, identify the total number of project permit
applications for which decisions are issued according to the
provisions of this chapter. For each type of project permit
application identified, these counties and cities must establish
and implement a deadline for issuing a notice of final decision as required by subsection (1) of this section and minimum requirements for applications to be deemed complete
under RCW 36.70B.070 as required by subsection (1) of this
section.
(b) Counties and cities subject to the requirements of this
subsection also must prepare annual performance reports that
include, at a minimum, the following information for each
type of project permit application identified in accordance
with the requirements of (a) of this subsection:
(i) Total number of complete applications received during the year;
(ii) Number of complete applications received during the
year for which a notice of final decision was issued before the
deadline established under this subsection;
(iii) Number of applications received during the year for
which a notice of final decision was issued after the deadline
established under this subsection;
(iv) Number of applications received during the year for
which an extension of time was mutually agreed upon by the
applicant and the county or city;
(v) Variance of actual performance, excluding applications for which mutually agreed time extensions have
occurred, to the deadline established under this subsection
during the year; and
(vi) The mean processing time and the number standard
deviation from the mean.
(c) Counties and cities subject to the requirements of this
subsection must:
(i) Provide notice of and access to the annual performance reports through the county’s or city’s web site; and
(ii) Post electronic facsimiles of the annual performance
reports through the county’s or city’s web site. Postings on a
county’s or city’s web site indicating that the reports are
available by contacting the appropriate county or city department or official do not comply with the requirements of this
subsection.
If a county or city subject to the requirements of this subsection does not maintain a web site, notice of the reports
must be given by reasonable methods, including but not limited to those methods specified in RCW 36.70B.110(4).
(3) Nothing in this section prohibits a county or city from
extending a deadline for issuing a decision for a specific
project permit application for any reasonable period of time
mutually agreed upon by the applicant and the local government.
(4) The department of community, trade, and economic
development shall work with the counties and cities to review
the potential implementation costs of the requirements of
subsection (2) of this section. The department, in coopera[Title 36 RCW—page 223]
36.70B.100
Title 36 RCW: Counties
tion with the local governments, shall prepare a report summarizing the projected costs, together with recommendations
for state funding assistance for implementation costs, and
provide the report to the governor and appropriate committees of the senate and house of representatives by January 1,
2005. [2004 c 191 § 2; 2001 c 322 § 1; 1995 c 347 § 410;
(1995 c 347 § 409 expired July 1, 2000); 1994 c 257 § 3. Formerly RCW 36.70A.065.]
Findings—Intent—2004 c 191: "The legislature finds that the timely
issuance of project permit decisions by local governments serves the public
interest. When these decisions, that are often responses to land use and
building permit applications, are issued according to specific and locally
established time periods and without unnecessary or inappropriate delays,
the public enjoys greater efficiency, consistency, and predictability in the
permitting process.
The legislature also finds that full access to relevant performance data
produced annually by local governments for each type of permit application
affords elected officials, project proponents, and the general public the
opportunity to review and compare the permit application and processing
performance of jurisdictions. Furthermore, the legislature finds that the
review and comparison of this data, and the requirement to provide convenient and direct internet access to germane and consistent reports, will likely
foster improved methods for processing applications, and issuing project
permit decisions in a timely manner.
The legislature, therefore, intends to continue and clarify the requirements for certain jurisdictions to produce and provide access to annual permitting performance reports." [2004 c 191 § 1.]
Effective date—1995 c 347 § 410: "Section 410, chapter 347, Laws of
1995 shall take effect July 1, 2000." [1998 c 286 § 10; 1995 c 347 § 412.]
Expiration date—1995 c 347 § 409: "The amendments to RCW
36.70B.080 contained in section 409, chapter 347, Laws of 1995 shall expire
July 1, 2000." [1998 c 286 § 9; 1995 c 347 § 411.]
Severability—1994 c 257: See note following RCW 36.70A.270.
Development regulations must provide sufficient land capacity for development: RCW 36.70A.115.
36.70B.100 Designation of person or entity to receive
determinations and notices. A local government may
require the applicant for a project permit to designate a single
person or entity to receive determinations and notices
required by this chapter. [1995 c 347 § 414.]
36.70B.100
36.70B.110
36.70B.110 Notice of application—Required elements—Integration with other review procedures—Administrative appeals (as
amended by 1997 c 396). (1) Not later than April 1, 1996, a local government planning under RCW 36.70A.040 shall provide a notice of application
to the public and the departments and agencies with jurisdiction as provided
in this section. If a local government has made a threshold determination ((of
significance)) under chapter 43.21C RCW concurrently with the notice of
application, the notice of application ((shall)) may be combined with the
threshold determination ((of significance)) and the scoping notice for a
determination of significance. Nothing in this section prevents a determination of significance and scoping notice from being issued prior to the notice
of application.
(2) The notice of application shall be provided within fourteen days
after the determination of completeness as provided in RCW 36.70B.070 and
include the following in whatever sequence or format the local government
deems appropriate:
(a) The date of application, the date of the notice of completion for the
application, and the date of the notice of application;
(b) A description of the proposed project action and a list of the project
permits included in the application and, if applicable, a list of any studies
requested under RCW 36.70B.070 or *36.70B.090;
(c) The identification of other permits not included in the application to
the extent known by the local government;
(d) The identification of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing the notice of application, such as a city land use bulletin, the location
where the application and any studies can be reviewed;
[Title 36 RCW—page 224]
(e) A statement of the public comment period, which shall be not less
than fourteen nor more than thirty days following the date of notice of application, and statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the
decision once made, and any appeal rights. A local government may accept
public comments at any time prior to the closing of the record of an open
record predecision hearing, if any, or, if no open record predecision hearing
is provided, prior to the decision on the project permit;
(f) The date, time, place, and type of hearing, if applicable and scheduled at the date of notice of the application;
(g) A statement of the preliminary determination, if one has been made
at the time of notice, of those development regulations that will be used for
project mitigation and of consistency as provided in RCW 36.70B.040; and
(h) Any other information determined appropriate by the local government.
(3) If an open record predecision hearing is required for the requested
project permits, the notice of application shall be provided at least fifteen
days prior to the open record hearing.
(4) A local government shall use reasonable methods to give the notice
of application to the public and agencies with jurisdiction and may use its
existing notice procedures. A local government may use different types of
notice for different categories of project permits or types of project actions.
If a local government by resolution or ordinance does not specify its method
of public notice, the local government shall use the methods provided for in
(a) and (b) of this subsection. Examples of reasonable methods to inform the
public are:
(a) Posting the property for site-specific proposals;
(b) Publishing notice, including at least the project location, description, type of permit(s) required, comment period dates, and location where
the complete application may be reviewed, in the newspaper of general circulation in the general area where the proposal is located or in a local land
use newsletter published by the local government;
(c) Notifying public or private groups with known interest in a certain
proposal or in the type of proposal being considered;
(d) Notifying the news media;
(e) Placing notices in appropriate regional or neighborhood newspapers or trade journals;
(f) Publishing notice in agency newsletters or sending notice to agency
mailing lists, either general lists or lists for specific proposals or subject
areas; and
(g) Mailing to neighboring property owners.
(5) A notice of application shall not be required for project permits that
are categorically exempt under chapter 43.21C RCW, unless a public comment period or an open record predecision hearing is required.
(6) A local government shall integrate the permit procedures in this
section with environmental review under chapter 43.21C RCW as follows:
(a) Except for a threshold determination ((of significance)), the local
government may not issue ((its threshold determination, or issue)) a decision
or a recommendation on a project permit until the expiration of the public
comment period on the notice of application.
(b) If an open record predecision hearing is required and the local government’s threshold determination requires public notice under chapter
43.21C RCW, the local government shall issue its threshold determination at
least fifteen days prior to the open record predecision hearing.
(c) Comments shall be as specific as possible.
(7) A local government may combine any hearing on a project permit
with any hearing that may be held by another local, state, regional, federal,
or other agency provided that the hearing is held within the geographic
boundary of the local government. Hearings shall be combined if requested
by an applicant, as long as the joint hearing can be held within the time periods specified in *RCW 36.70B.090 or the applicant agrees to the schedule in
the event that additional time is needed in order to combine the hearings. All
agencies of the state of Washington, including municipal corporations and
counties participating in a combined hearing, are hereby authorized to issue
joint hearing notices and develop a joint format, select a mutually acceptable
hearing body or officer, and take such other actions as may be necessary to
hold joint hearings consistent with each of their respective statutory obligations.
(8) All state and local agencies shall cooperate to the fullest extent possible with the local government in holding a joint hearing if requested to do
so, as long as:
(a) The agency is not expressly prohibited by statute from doing so;
(b) Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statute, ordinance, or rule;
and
(2008 Ed.)
Local Project Review
(c) The agency has received the necessary information about the proposed project from the applicant to hold its hearing at the same time as the
local government hearing.
(9) A local government is not required to provide for administrative
appeals. If provided, an administrative appeal of the project decision, combined with any environmental determinations, shall be filed within fourteen
days after the notice of the decision or after other notice that the decision has
been made and is appealable. The local government shall extend the appeal
period for an additional seven days, if state or local rules adopted pursuant to
chapter 43.21C RCW allow public comment on a determination of nonsignificance issued as part of the appealable project permit decision.
(10) The applicant for a project permit is deemed to be a participant in
any comment period, open record hearing, or closed record appeal.
(11) Each local government planning under RCW 36.70A.040 shall
adopt procedures for administrative interpretation of its development regulations. [1997 c 396 § 1; 1995 c 347 § 415.]
*Reviser’s note: RCW 36.70B.090 expired June 30, 2000, pursuant to
1998 c 286 § 8.
36.70B.110
36.70B.110 Notice of application—Required elements—Integration with other review procedures—Administrative appeals (as
amended by 1997 c 429). (1) Not later than April 1, 1996, a local government planning under RCW 36.70A.040 shall provide a notice of application
to the public and the departments and agencies with jurisdiction as provided
in this section. If a local government has made a determination of significance under chapter 43.21C RCW concurrently with the notice of application, the notice of application shall be combined with the determination of
significance and scoping notice. Nothing in this section prevents a determination of significance and scoping notice from being issued prior to the
notice of application. Nothing in this section or this chapter prevents a lead
agency, when it is a project proponent or is funding a project, from conducting its review under chapter 43.21C RCW or from allowing appeals of procedural determinations prior to submitting a project permit application.
(2) The notice of application shall be provided within fourteen days
after the determination of completeness as provided in RCW 36.70B.070
and, except as limited by the provisions of subsection (4)(b) of this section,
shall include the following in whatever sequence or format the local government deems appropriate:
(a) The date of application, the date of the notice of completion for the
application, and the date of the notice of application;
(b) A description of the proposed project action and a list of the project
permits included in the application and, if applicable, a list of any studies
requested under RCW 36.70B.070 or *36.70B.090;
(c) The identification of other permits not included in the application to
the extent known by the local government;
(d) The identification of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing the notice of application, such as a city land use bulletin, the location
where the application and any studies can be reviewed;
(e) A statement of the public comment period, which shall be not less
than fourteen nor more than thirty days following the date of notice of application, and statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the
decision once made, and any appeal rights. A local government may accept
public comments at any time prior to the closing of the record of an open
record predecision hearing, if any, or, if no open record predecision hearing
is provided, prior to the decision on the project permit;
(f) The date, time, place, and type of hearing, if applicable and scheduled at the date of notice of the application;
(g) A statement of the preliminary determination, if one has been made
at the time of notice, of those development regulations that will be used for
project mitigation and of consistency as provided in RCW ((36.70B.040))
36.70B.030(2); and
(h) Any other information determined appropriate by the local government.
(3) If an open record predecision hearing is required for the requested
project permits, the notice of application shall be provided at least fifteen
days prior to the open record hearing.
(4) A local government shall use reasonable methods to give the notice
of application to the public and agencies with jurisdiction and may use its
existing notice procedures. A local government may use different types of
notice for different categories of project permits or types of project actions.
If a local government by resolution or ordinance does not specify its method
of public notice, the local government shall use the methods provided for in
(2008 Ed.)
36.70B.110
(a) and (b) of this subsection. Examples of reasonable methods to inform the
public are:
(a) Posting the property for site-specific proposals;
(b) Publishing notice, including at least the project location, description, type of permit(s) required, comment period dates, and location where
the notice of application required by subsection (2) of this section and the
complete application may be reviewed, in the newspaper of general circulation in the general area where the proposal is located or in a local land use
newsletter published by the local government;
(c) Notifying public or private groups with known interest in a certain
proposal or in the type of proposal being considered;
(d) Notifying the news media;
(e) Placing notices in appropriate regional or neighborhood newspapers or trade journals;
(f) Publishing notice in agency newsletters or sending notice to agency
mailing lists, either general lists or lists for specific proposals or subject
areas; and
(g) Mailing to neighboring property owners.
(5) A notice of application shall not be required for project permits that
are categorically exempt under chapter 43.21C RCW, unless ((a public comment period or)) an open record predecision hearing is required or an open
record appeal hearing is allowed on the project permit decision.
(6) A local government shall integrate the permit procedures in this
section with its environmental review under chapter 43.21C RCW as follows:
(a) Except for a determination of significance and except as otherwise
expressly allowed in this section, the local government may not issue its
threshold determination((, or issue a decision or a recommendation on a
project permit)) until the expiration of the public comment period on the
notice of application.
(b) If an open record predecision hearing is required ((and the local
government’s threshold determination requires public notice under chapter
43.21C RCW)), the local government shall issue its threshold determination
at least fifteen days prior to the open record predecision hearing.
(c) Comments shall be as specific as possible.
(d) A local government is not required to provide for administrative
appeals of its threshold determination. If provided, an administrative appeal
shall be filed within fourteen days after notice that the determination has
been made and is appealable. Except as otherwise expressly provided in this
section, the appeal hearing on a determination of nonsignificance shall be
consolidated with any open record hearing on the project permit.
(7) At the request of the applicant, a local government may combine
any hearing on a project permit with any hearing that may be held by another
local, state, regional, federal, or other agency ((provided that)), if:
(a) The hearing is held within the geographic boundary of the local
government((. Hearings shall be combined if requested by an applicant, as
long as)); and
(b) The joint hearing can be held within the time periods specified in
*RCW 36.70B.090 or the applicant agrees to the schedule in the event that
additional time is needed in order to combine the hearings. All agencies of
the state of Washington, including municipal corporations and counties participating in a combined hearing, are hereby authorized to issue joint hearing
notices and develop a joint format, select a mutually acceptable hearing body
or officer, and take such other actions as may be necessary to hold joint hearings consistent with each of their respective statutory obligations.
(8) All state and local agencies shall cooperate to the fullest extent possible with the local government in holding a joint hearing if requested to do
so, as long as:
(a) The agency is not expressly prohibited by statute from doing so;
(b) Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statute, ordinance, or rule;
and
(c) The agency has received the necessary information about the proposed project from the applicant to hold its hearing at the same time as the
local government hearing.
(9) A local government is not required to provide for administrative
appeals. If provided, an administrative appeal of the project decision((, combined with)) and of any environmental determination((s)) issued at the same
time as the project decision, shall be filed within fourteen days after the
notice of the decision or after other notice that the decision has been made
and is appealable. The local government shall extend the appeal period for an
additional seven days, if state or local rules adopted pursuant to chapter
43.21C RCW allow public comment on a determination of nonsignificance
issued as part of the appealable project permit decision.
(10) The applicant for a project permit is deemed to be a participant in
any comment period, open record hearing, or closed record appeal.
[Title 36 RCW—page 225]
36.70B.120
Title 36 RCW: Counties
(11) Each local government planning under RCW 36.70A.040 shall
adopt procedures for administrative interpretation of its development regulations. [1997 c 429 § 48; 1995 c 347 § 415.]
Reviser’s note: *(1) RCW 36.70B.090 expired June 30, 2000, pursuant
to 1998 c 286 § 8.
(2) RCW 36.70B.110 was amended twice during the 1997 legislative
session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Severability—1997 c 429: See note following RCW 36.70A.3201.
36.70B.120 Permit review process. (1) Each local
government planning under RCW 36.70A.040 shall establish
a permit review process that provides for the integrated and
consolidated review and decision on two or more project permits relating to a proposed project action, including a single
application review and approval process covering all project
permits requested by an applicant for all or part of a project
action and a designated permit coordinator. If an applicant
elects the consolidated permit review process, the determination of completeness, notice of application, and notice of
final decision must include all project permits being reviewed
through the consolidated permit review process.
(2) Consolidated permit review may provide different
procedures for different categories of project permits, but if a
project action requires project permits from more than one
category, the local government shall provide for consolidated
permit review with a single open record hearing and no more
than one closed record appeal as provided in RCW
36.70B.060. Each local government shall determine which
project permits are subject to an open record hearing and a
closed record appeal. Examples of categories of project permits include but are not limited to:
(a) Proposals that are categorically exempt from chapter
43.21C RCW, such as construction permits, that do not
require environmental review or public notice;
(b) Permits that require environmental review, but no
open record predecision hearing; and
(c) Permits that require a threshold determination and an
open record predecision hearing and may provide for a closed
record appeal to a hearing body or officer or to the local government legislative body.
(3) A local government may provide by ordinance or resolution for the same or a different decision maker or hearing
body or officer for different categories of project permits. In
the case of consolidated project permit review, the local government shall specify which decision makers shall make the
decision or recommendation, conduct the hearing, or decide
the appeal to ensure that consolidated permit review occurs
as provided in this section. The consolidated permit review
may combine an open record predecision hearing on one or
more permits with an open record appeal hearing on other
permits. In such cases, the local government by ordinance or
resolution shall specify which project permits, if any, shall be
subject to a closed record appeal. [1995 c 347 § 416.]
36.70B.120
36.70B.130 Notice of decision—Distribution. A local
government planning under RCW 36.70A.040 shall provide a
notice of decision that also includes a statement of any
threshold determination made under chapter 43.21C RCW
and the procedures for administrative appeal, if any. The
notice of decision may be a copy of the report or decision on
36.70B.130
[Title 36 RCW—page 226]
the project permit application. The notice shall be provided to
the applicant and to any person who, prior to the rendering of
the decision, requested notice of the decision or submitted
substantive comments on the application. The local government shall provide for notice of its decision as provided in
RCW 36.70B.110(4), which shall also state that affected
property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. The local government shall provide notice of decision to
the county assessor’s office of the county or counties in
which the property is situated. [1996 c 254 § 1; 1995 c 347 §
417.]
36.70B.140 Project permits that may be excluded
from review. (1) A local government by ordinance or resolution may exclude the following project permits from the
provisions of RCW 36.70B.060 through *36.70B.090 and
36.70B.110 through 36.70B.130: Landmark designations,
street vacations, or other approvals relating to the use of public areas or facilities, or other project permits, whether
administrative or quasi-judicial, that the local government by
ordinance or resolution has determined present special circumstances that warrant a review process different from that
provided in RCW 36.70B.060 through *36.70B.090 and
36.70B.110 through 36.70B.130.
(2) A local government by ordinance or resolution also
may exclude the following project permits from the provisions of RCW 36.70B.060 and 36.70B.110 through
36.70B.130: Lot line or boundary adjustments and building
and other construction permits, or similar administrative
approvals, categorically exempt from environmental review
under chapter 43.21C RCW, or for which environmental
review has been completed in connection with other project
permits. [1995 c 347 § 418.]
36.70B.140
*Reviser’s note: RCW 36.70B.090 expired June 30, 2000, pursuant to
1998 c 286 § 8.
36.70B.150 Local governments not planning under
the growth management act may use provisions. A local
government not planning under RCW 36.70A.040 may incorporate some or all of the provisions of RCW 36.70B.060
through *36.70B.090 and 36.70B.110 through 36.70B.130
into its procedures for review of project permits or other
project actions. [1995 c 347 § 419.]
36.70B.150
*Reviser’s note: RCW 36.70B.090 expired June 30, 2000, pursuant to
1998 c 286 § 8.
36.70B.160 Additional project review encouraged—
Construction. (1) Each local government is encouraged to
adopt further project review provisions to provide prompt,
coordinated review and ensure accountability to applicants
and the public, including expedited review for project permit
applications for projects that are consistent with adopted
development regulations and within the capacity of systemwide infrastructure improvements.
(2) Nothing in this chapter is intended or shall be construed to prevent a local government from requiring a preapplication conference or a public meeting by rule, ordinance,
or resolution.
(3) Each local government shall adopt procedures to
monitor and enforce permit decisions and conditions.
36.70B.160
(2008 Ed.)
Local Project Review
(4) Nothing in this chapter modifies any independent
statutory authority for a government agency to appeal a
project permit issued by a local government. [1995 c 347 §
420.]
36.70B.170 Development agreements—Authorized.
(1) A local government may enter into a development agreement with a person having ownership or control of real property within its jurisdiction. A city may enter into a development agreement for real property outside its boundaries as
part of a proposed annexation or a service agreement. A
development agreement must set forth the development standards and other provisions that shall apply to and govern and
vest the development, use, and mitigation of the development
of the real property for the duration specified in the agreement. A development agreement shall be consistent with
applicable development regulations adopted by a local government planning under chapter 36.70A RCW.
(2) RCW 36.70B.170 through 36.70B.190 and section
501, chapter 347, Laws of 1995 do not affect the validity of a
contract rezone, concomitant agreement, annexation agreement, or other agreement in existence on July 23, 1995, or
adopted under separate authority, that includes some or all of
the development standards provided in subsection (3) of this
section.
(3) For the purposes of this section, "development standards" includes, but is not limited to:
(a) Project elements such as permitted uses, residential
densities, and nonresidential densities and intensities or
building sizes;
(b) The amount and payment of impact fees imposed or
agreed to in accordance with any applicable provisions of
state law, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications;
(c) Mitigation measures, development conditions, and
other requirements under chapter 43.21C RCW;
(d) Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping,
and other development features;
(e) Affordable housing;
(f) Parks and open space preservation;
(g) Phasing;
(h) Review procedures and standards for implementing
decisions;
(i) A build-out or vesting period for applicable standards;
and
(j) Any other appropriate development requirement or
procedure.
(4) The execution of a development agreement is a
proper exercise of county and city police power and contract
authority. A development agreement may obligate a party to
fund or provide services, infrastructure, or other facilities. A
development agreement shall reserve authority to impose
new or different regulations to the extent required by a serious threat to public health and safety. [1995 c 347 § 502.]
36.70B.170
Findings—Intent—1995 c 347 §§ 502-506: "The legislature finds that
the lack of certainty in the approval of development projects can result in a
waste of public and private resources, escalate housing costs for consumers
and discourage the commitment to comprehensive planning which would
make maximum efficient use of resources at the least economic cost to the
(2008 Ed.)
36.70B.210
public. Assurance to a development project applicant that upon government
approval the project may proceed in accordance with existing policies and
regulations, and subject to conditions of approval, all as set forth in a development agreement, will strengthen the public planning process, encourage
private participation and comprehensive planning, and reduce the economic
costs of development. Further, the lack of public facilities and services is a
serious impediment to development of new housing and commercial uses.
Project applicants and local governments may include provisions and agreements whereby applicants are reimbursed over time for financing public
facilities. It is the intent of the legislature by RCW 36.70B.170 through
36.70B.210 to allow local governments and owners and developers of real
property to enter into development agreements." [1995 c 347 § 501.]
36.70B.180 Development agreements—Effect.
Unless amended or terminated, a development agreement is
enforceable during its term by a party to the agreement. A
development agreement and the development standards in the
agreement govern during the term of the agreement, or for all
or that part of the build-out period specified in the agreement,
and may not be subject to an amendment to a zoning ordinance or development standard or regulation or a new zoning
ordinance or development standard or regulation adopted
after the effective date of the agreement. A permit or
approval issued by the county or city after the execution of
the development agreement must be consistent with the
development agreement. [1995 c 347 § 503.]
36.70B.180
Findings—Intent—1995 c 347 §§ 502-506: See note following RCW
36.70B.170.
36.70B.190 Development agreements—Recording—
Parties and successors bound. A development agreement
shall be recorded with the real property records of the county
in which the property is located. During the term of the development agreement, the agreement is binding on the parties
and their successors, including a city that assumes jurisdiction through incorporation or annexation of the area covering
the property covered by the development agreement. [1995 c
347 § 504.]
36.70B.190
Findings—Intent—1995 c 347 §§ 502-506: See note following RCW
36.70B.170.
36.70B.200 Development agreements—Public hearing. A county or city shall only approve a development
agreement by ordinance or resolution after a public hearing.
The county or city legislative body or a planning commission, hearing examiner, or other body designated by the legislative body to conduct the public hearing may conduct the
hearing. If the development agreement relates to a project
permit application, the provisions of chapter 36.70C RCW
shall apply to the appeal of the decision on the development
agreement. [1995 c 347 § 505.]
36.70B.200
Findings—Intent—1995 c 347 §§ 502-506: See note following RCW
36.70B.170.
36.70B.210 Development agreements—Authority to
impose fees not extended. Nothing in RCW 36.70B.170
through 36.70B.200 and section 501, chapter 347, Laws of
1995 is intended to authorize local governments to impose
impact fees, inspection fees, or dedications or to require any
other financial contributions or mitigation measures except as
expressly authorized by other applicable provisions of state
law. [1995 c 347 § 506.]
36.70B.210
[Title 36 RCW—page 227]
36.70B.220
Title 36 RCW: Counties
Findings—Intent—1995 c 347 §§ 502-506: See note following RCW
36.70B.170.
36.70B.220 Permit assistance staff. (1) Each county
and city having populations of ten thousand or more that plan
under RCW 36.70A.040 shall designate permit assistance
staff whose function it is to assist permit applicants. An
existing employee may be designated as the permit assistance
staff.
(2) Permit assistance staff designated under this section
shall:
(a) Make available to permit applicants all current local
government regulations and adopted policies that apply to the
subject application. The local government shall provide
counter copies thereof and, upon request, provide copies
according to chapter 42.56 RCW. The staff shall also publish
and keep current one or more handouts containing lists and
explanations of all local government regulations and adopted
policies;
(b) Establish and make known to the public the means of
obtaining the handouts and related information; and
(c) Provide assistance regarding the application of the
local government’s regulations in particular cases.
(3) Permit assistance staff designated under this section
may obtain technical assistance and support in the compilation and production of the handouts under subsection (2) of
this section from the municipal research council and the
department of community, trade, and economic development.
[2005 c 274 § 272; 1996 c 206 § 9.]
36.70C.130 Standards for granting relief.
36.70C.140 Decision of the court.
36.70C.900 Finding—Severability—Part headings and table of contents
not law—1995 c 347.
36.70B.220
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Findings—1996 c 206: See note following RCW 43.05.030.
36.70B.230 Planning regulations—Copies provided
to county assessor. By July 31, 1997, a local government
planning under RCW 36.70A.040 shall provide to the county
assessor a copy of the local government’s comprehensive
plan and development regulations in effect on July 1st of that
year and shall thereafter provide any amendments to the plan
and regulations that were adopted before July 31st of each
following year. [1996 c 254 § 6.]
36.70B.230
36.70B.900 Finding—Severability—Part headings
and table of contents not law—1995 c 347. See notes following RCW 36.70A.470.
36.70B.900
36.70C.005 Short title. This chapter may be known
and cited as the land use petition act. [1995 c 347 § 701.]
36.70C.005
36.70C.010 Purpose. The purpose of this chapter is to
reform the process for judicial review of land use decisions
made by local jurisdictions, by establishing uniform, expedited appeal procedures and uniform criteria for reviewing
such decisions, in order to provide consistent, predictable,
and timely judicial review. [1995 c 347 § 702.]
36.70C.010
36.70C.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Land use decision" means a final determination by a
local jurisdiction’s body or officer with the highest level of
authority to make the determination, including those with
authority to hear appeals, on:
(a) An application for a project permit or other governmental approval required by law before real property may be
improved, developed, modified, sold, transferred, or used,
but excluding applications for permits or approvals to use,
vacate, or transfer streets, parks, and similar types of public
property; excluding applications for legislative approvals
such as area-wide rezones and annexations; and excluding
applications for business licenses;
(b) An interpretative or declaratory decision regarding
the application to a specific property of zoning or other ordinances or rules regulating the improvement, development,
modification, maintenance, or use of real property; and
(c) The enforcement by a local jurisdiction of ordinances
regulating the improvement, development, modification,
maintenance, or use of real property. However, when a local
jurisdiction is required by law to enforce the ordinances in a
court of limited jurisdiction, a petition may not be brought
under this chapter.
(2) "Local jurisdiction" means a county, city, or incorporated town.
(3) "Person" means an individual, partnership, corporation, association, public or private organization, or governmental entity or agency. [1995 c 347 § 703.]
36.70C.020
36.70C.030 Chapter exclusive means of judicial
review of land use decisions—Exceptions. (1) This chapter
replaces the writ of certiorari for appeal of land use decisions
and shall be the exclusive means of judicial review of land
use decisions, except that this chapter does not apply to:
(a) Judicial review of:
(i) Land use decisions made by bodies that are not part of
a local jurisdiction;
(ii) Land use decisions of a local jurisdiction that are
subject to review by a quasi-judicial body created by state
law, such as the shorelines hearings board, the environmental
and land use hearings board, or the growth management hearings board;
(b) Judicial review of applications for a writ of mandamus or prohibition; or
36.70C.030
Chapter 36.70C RCW
JUDICIAL REVIEW OF LAND USE DECISIONS
Chapter 36.70C
Sections
36.70C.005
36.70C.010
36.70C.020
36.70C.030
36.70C.040
36.70C.050
36.70C.060
36.70C.070
36.70C.080
36.70C.090
36.70C.100
36.70C.110
36.70C.120
Short title.
Purpose.
Definitions.
Chapter exclusive means of judicial review of land use decisions—Exceptions.
Commencement of review—Land use petition—Procedure.
Joinder of parties.
Standing.
Land use petition—Required elements.
Initial hearing.
Expedited review.
Stay of action pending review.
Record for judicial review—Costs.
Scope of review—Discovery.
[Title 36 RCW—page 228]
(2008 Ed.)
Judicial Review of Land Use Decisions
(c) Claims provided by any law for monetary damages or
compensation. If one or more claims for damages or compensation are set forth in the same complaint with a land use
petition brought under this chapter, the claims are not subject
to the procedures and standards, including deadlines, provided in this chapter for review of the petition. The judge
who hears the land use petition may, if appropriate, preside at
a trial for damages or compensation.
(2) The superior court civil rules govern procedural matters under this chapter to the extent that the rules are consistent with this chapter. [2003 c 393 § 17; 1995 c 347 § 704.]
Implementation—Effective date—2003 c 393: See RCW 43.21L.900
and 43.21L.901.
36.70C.040 Commencement of review—Land use
petition—Procedure. (1) Proceedings for review under this
chapter shall be commenced by filing a land use petition in
superior court.
(2) A land use petition is barred, and the court may not
grant review, unless the petition is timely filed with the court
and timely served on the following persons who shall be parties to the review of the land use petition:
(a) The local jurisdiction, which for purposes of the petition shall be the jurisdiction’s corporate entity and not an
individual decision maker or department;
(b) Each of the following persons if the person is not the
petitioner:
(i) Each person identified by name and address in the
local jurisdiction’s written decision as an applicant for the
permit or approval at issue; and
(ii) Each person identified by name and address in the
local jurisdiction’s written decision as an owner of the property at issue;
(c) If no person is identified in a written decision as provided in (b) of this subsection, each person identified by
name and address as a taxpayer for the property at issue in the
records of the county assessor, based upon the description of
the property in the application; and
(d) Each person named in the written decision who filed
an appeal to a local jurisdiction quasi-judicial decision maker
regarding the land use decision at issue, unless the person has
abandoned the appeal or the person’s claims were dismissed
before the quasi-judicial decision was rendered. Persons who
later intervened or joined in the appeal are not required to be
made parties under this subsection.
(3) The petition is timely if it is filed and served on all
parties listed in subsection (2) of this section within
twenty-one days of the issuance of the land use decision.
(4) For the purposes of this section, the date on which a
land use decision is issued is:
(a) Three days after a written decision is mailed by the
local jurisdiction or, if not mailed, the date on which the local
jurisdiction provides notice that a written decision is publicly
available;
(b) If the land use decision is made by ordinance or resolution by a legislative body sitting in a quasi-judicial capacity, the date the body passes the ordinance or resolution; or
(c) If neither (a) nor (b) of this subsection applies, the
date the decision is entered into the public record.
(5) Service on the local jurisdiction must be by delivery
of a copy of the petition to the persons identified by or pursu36.70C.040
(2008 Ed.)
36.70C.060
ant to RCW 4.28.080 to receive service of process. Service
on other parties must be in accordance with the superior court
civil rules or by first-class mail to:
(a) The address stated in the written decision of the local
jurisdiction for each person made a party under subsection
(2)(b) of this section;
(b) The address stated in the records of the county assessor for each person made a party under subsection (2)(c) of
this section; and
(c) The address stated in the appeal to the quasi-judicial
decision maker for each person made a party under subsection (2)(d) of this section.
(6) Service by mail is effective on the date of mailing and
proof of service shall be by affidavit or declaration under
penalty of perjury. [1995 c 347 § 705.]
36.70C.050
36.70C.050 Joinder of parties. If the applicant for the
land use approval is not the owner of the real property at
issue, and if the owner is not accurately identified in the
records referred to in RCW 36.70C.040(2) (b) and (c), the
applicant shall be responsible for promptly securing the joinder of the owners. In addition, within fourteen days after service each party initially named by the petitioner shall disclose
to the other parties the name and address of any person whom
such party knows may be needed for just adjudication of the
petition, and the petitioner shall promptly name and serve any
such person whom the petitioner agrees may be needed for
just adjudication. If such a person is named and served before
the initial hearing, leave of court for the joinder is not
required, and the petitioner shall provide the newly joined
party with copies of the pleadings filed before the party’s
joinder. Failure by the petitioner to name or serve, within the
time required by RCW 36.70C.040(3), persons who are
needed for just adjudication but who are not identified in the
records referred to in RCW 36.70C.040(2)(b), or in RCW
36.70C.040(2)(c) if applicable, shall not deprive the court of
jurisdiction to hear the land use petition. [1995 c 347 § 706.]
36.70C.060
36.70C.060 Standing. Standing to bring a land use
petition under this chapter is limited to the following persons:
(1) The applicant and the owner of property to which the
land use decision is directed;
(2) Another person aggrieved or adversely affected by
the land use decision, or who would be aggrieved or
adversely affected by a reversal or modification of the land
use decision. A person is aggrieved or adversely affected
within the meaning of this section only when all of the following conditions are present:
(a) The land use decision has prejudiced or is likely to
prejudice that person;
(b) That person’s asserted interests are among those that
the local jurisdiction was required to consider when it made
the land use decision;
(c) A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused
or likely to be caused by the land use decision; and
(d) The petitioner has exhausted his or her administrative
remedies to the extent required by law. [1995 c 347 § 707.]
[Title 36 RCW—page 229]
36.70C.070
Title 36 RCW: Counties
36.70C.070 Land use petition—Required elements.
A land use petition must set forth:
(1) The name and mailing address of the petitioner;
(2) The name and mailing address of the petitioner’s
attorney, if any;
(3) The name and mailing address of the local jurisdiction whose land use decision is at issue;
(4) Identification of the decision-making body or officer,
together with a duplicate copy of the decision, or, if not a
written decision, a summary or brief description of it;
(5) Identification of each person to be made a party
under RCW 36.70C.040(2) (b) through (d);
(6) Facts demonstrating that the petitioner has standing
to seek judicial review under RCW 36.70C.060;
(7) A separate and concise statement of each error
alleged to have been committed;
(8) A concise statement of facts upon which the petitioner relies to sustain the statement of error; and
(9) A request for relief, specifying the type and extent of
relief requested. [1995 c 347 § 708.]
36.70C.070
36.70C.080 Initial hearing. (1) Within seven days after
the petition is served on the parties identified in RCW
36.70C.040(2), the petitioner shall note, according to the
local rules of superior court, an initial hearing on jurisdictional and preliminary matters. This initial hearing shall be
set no sooner than thirty-five days and no later than fifty days
after the petition is served on the parties identified in RCW
36.70C.040(2).
(2) The parties shall note all motions on jurisdictional
and procedural issues for resolution at the initial hearing,
except that a motion to allow discovery may be brought
sooner. Where confirmation of motions is required, each
party shall be responsible for confirming its own motions.
(3) The defenses of lack of standing, untimely filing or
service of the petition, and failure to join persons needed for
just adjudication are waived if not raised by timely motion
noted to be heard at the initial hearing, unless the court allows
discovery on such issues.
(4) The petitioner shall move the court for an order at the
initial hearing that sets the date on which the record must be
submitted, sets a briefing schedule, sets a discovery schedule
if discovery is to be allowed, and sets a date for the hearing or
trial on the merits.
(5) The parties may waive the initial hearing by scheduling with the court a date for the hearing or trial on the merits
and filing a stipulated order that resolves the jurisdictional
and procedural issues raised by the petition, including the
issues identified in subsections (3) and (4) of this section.
(6) A party need not file an answer to the petition. [1995
c 347 § 709.]
36.70C.080
36.70C.090 Expedited review. The court shall provide
expedited review of petitions filed under this chapter. The
matter must be set for hearing within sixty days of the date set
for submitting the local jurisdiction’s record, absent a showing of good cause for a different date or a stipulation of the
parties. [1995 c 347 § 710.]
36.70C.090
36.70C.100 Stay of action pending review. (1) A petitioner or other party may request the court to stay or suspend
36.70C.100
[Title 36 RCW—page 230]
an action by the local jurisdiction or another party to implement the decision under review. The request must set forth a
statement of grounds for the stay and the factual basis for the
request.
(2) A court may grant a stay only if the court finds that:
(a) The party requesting the stay is likely to prevail on
the merits;
(b) Without the stay the party requesting it will suffer
irreparable harm;
(c) The grant of a stay will not substantially harm other
parties to the proceedings; and
(d) The request for the stay is timely in light of the circumstances of the case.
(3) The court may grant the request for a stay upon such
terms and conditions, including the filing of security, as are
necessary to prevent harm to other parties by the stay. [1995
c 347 § 711.]
36.70C.110 Record for judicial review—Costs. (1)
Within forty-five days after entry of an order to submit the
record, or within such a further time as the court allows or as
the parties agree, the local jurisdiction shall submit to the
court a certified copy of the record for judicial review of the
land use decision, except that the petitioner shall prepare at
the petitioner’s expense and submit a verbatim transcript of
any hearings held on the matter.
(2) If the parties agree, or upon order of the court, the
record shall be shortened or summarized to avoid reproduction and transcription of portions of the record that are duplicative or not relevant to the issues to be reviewed by the
court.
(3) The petitioner shall pay the local jurisdiction the cost
of preparing the record before the local jurisdiction submits
the record to the court. Failure by the petitioner to timely pay
the local jurisdiction relieves the local jurisdiction of responsibility to submit the record and is grounds for dismissal of
the petition.
(4) If the relief sought by the petitioner is granted in
whole or in part the court shall equitably assess the cost of
preparing the record among the parties. In assessing costs the
court shall take into account the extent to which each party
prevailed and the reasonableness of the parties’ conduct in
agreeing or not agreeing to shorten or summarize the record
under subsection (2) of this section. [1995 c 347 § 712.]
36.70C.110
36.70C.120 Scope of review—Discovery. (1) When
the land use decision being reviewed was made by a quasijudicial body or officer who made factual determinations in
support of the decision and the parties to the quasi-judicial
proceeding had an opportunity consistent with due process to
make a record on the factual issues, judicial review of factual
issues and the conclusions drawn from the factual issues shall
be confined to the record created by the quasi-judicial body
or officer, except as provided in subsections (2) through (4)
of this section.
(2) For decisions described in subsection (1) of this section, the record may be supplemented by additional evidence
only if the additional evidence relates to:
(a) Grounds for disqualification of a member of the body
or of the officer that made the land use decision, when such
36.70C.120
(2008 Ed.)
Peddlers’ and Hawkers’ Licenses
grounds were unknown by the petitioner at the time the
record was created;
(b) Matters that were improperly excluded from the
record after being offered by a party to the quasi-judicial proceeding; or
(c) Matters that were outside the jurisdiction of the body
or officer that made the land use decision.
(3) For land use decisions other than those described in
subsection (1) of this section, the record for judicial review
may be supplemented by evidence of material facts that were
not made part of the local jurisdiction’s record.
(4) The court may require or permit corrections of ministerial errors or inadvertent omissions in the preparation of the
record.
(5) The parties may not conduct pretrial discovery except
with the prior permission of the court, which may be sought
by motion at any time after service of the petition. The court
shall not grant permission unless the party requesting it
makes a prima facie showing of need. The court shall strictly
limit discovery to what is necessary for equitable and timely
review of the issues that are raised under subsections (2) and
(3) of this section. If the court allows the record to be supplemented, the court shall require the parties to disclose before
the hearing or trial on the merits the specific evidence they
intend to offer. If any party, or anyone acting on behalf of
any party, requests records under chapter 42.56 RCW relating to the matters at issue, a copy of the request shall simultaneously be given to all other parties and the court shall take
such request into account in fashioning an equitable discovery order under this section. [2005 c 274 § 273; 1995 c 347 §
713.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
36.70C.130 Standards for granting relief. (1) The
superior court, acting without a jury, shall review the record
and such supplemental evidence as is permitted under RCW
36.70C.120. The court may grant relief only if the party seeking relief has carried the burden of establishing that one of the
standards set forth in (a) through (f) of this subsection has
been met. The standards are:
(a) The body or officer that made the land use decision
engaged in unlawful procedure or failed to follow a prescribed process, unless the error was harmless;
(b) The land use decision is an erroneous interpretation
of the law, after allowing for such deference as is due the construction of a law by a local jurisdiction with expertise;
(c) The land use decision is not supported by evidence
that is substantial when viewed in light of the whole record
before the court;
(d) The land use decision is a clearly erroneous application of the law to the facts;
(e) The land use decision is outside the authority or jurisdiction of the body or officer making the decision; or
(f) The land use decision violates the constitutional
rights of the party seeking relief.
(2) In order to grant relief under this chapter, it is not
necessary for the court to find that the local jurisdiction
engaged in arbitrary and capricious conduct. A grant of relief
by itself may not be deemed to establish liability for monetary damages or compensation. [1995 c 347 § 714.]
36.70C.130
(2008 Ed.)
36.71.020
36.70C.140 Decision of the court. The court may
affirm or reverse the land use decision under review or
remand it for modification or further proceedings. If the decision is remanded for modification or further proceedings, the
court may make such an order as it finds necessary to preserve the interests of the parties and the public, pending further proceedings or action by the local jurisdiction. [1995 c
347 § 715.]
36.70C.140
36.70C.900 Finding—Severability—Part headings
and table of contents not law—1995 c 347. See notes following RCW 36.70A.470.
36.70C.900
Chapter 36.71 RCW
PEDDLERS’ AND HAWKERS’ LICENSES
Chapter 36.71
Sections
36.71.010
36.71.020
36.71.030
36.71.040
36.71.050
36.71.060
36.71.070
36.71.080
36.71.090
Peddler’s license—"Peddler" defined.
Peddler’s license—Application for and issuance of license.
Peddler’s license—Record of applications.
Peddler’s license—Cancellation of license.
Peddler’s license—Liability of deposit—Lien on.
Peddler’s license—Penalty for peddling without license.
Hawkers, auctioneers, and barterers must procure license—
Exceptions.
Hawkers, auctioneers, and barterers must procure license—
Issuance of license.
Farmers, gardeners, etc., peddling own produce exempt from
license requirements—Exception—Valid direct retail
endorsement.
36.71.010 Peddler’s license—"Peddler" defined. The
term "peddler" for the purpose of this chapter includes all
persons, both principals and agents, who go from place to
place and house to house, carrying for sale and offering for
sale or exposal for sale, goods, wares, or merchandise except
agricultural, horticultural, or farm products, which they may
grow or raise, and except vendors of books, periodicals, or
newspapers: PROVIDED, That nothing in this chapter shall
apply to peddlers within the limits of any city or town which
by ordinance regulates the sale of goods, wares, or merchandise by peddlers. [1963 c 4 § 36.71.010. Prior: 1929 c 110 §
1; 1909 c 214 § 1; RRS § 8353.]
36.71.010
36.71.020 Peddler’s license—Application for and
issuance of license. Every peddler, before commencing
business in any county of the state, shall apply in writing and
under oath to the appropriate county official of the county in
which he proposes to operate for a county license. The application must state the names and residences of the owners or
parties in whose interest the business is to be conducted. The
applicant at the same time shall file a true statement under
oath of the quantity and value of the stock of goods, wares,
and merchandise that is in the county for sale or to be kept or
exposed for sale in the county, make a special deposit of five
hundred dollars, and pay the county license fee as may be
fixed under the authority of RCW 36.32.120(3).
The appropriate county official shall thereupon issue to
the applicant a peddler’s license, authorizing him to do business in the county for the term of one year from the date
thereof. Every county license shall contain a copy of the
application therefor, shall not be transferable, and shall not
authorize more than one person to sell goods as a peddler,
36.71.020
[Title 36 RCW—page 231]
36.71.030
Title 36 RCW: Counties
either by agent or clerk, or in any other way than his own
proper person. [1985 c 91 § 3; 1963 c 4 § 36.71.020. Prior:
1927 c 89 § 1; 1909 c 214 § 3; RRS § 8355.]
36.71.030 Peddler’s license—Record of applications.
The appropriate county official of each county shall keep on
file all applications for peddlers’ licenses that are issued. All
files and records shall be in convenient form and open to public inspection. [1985 c 91 § 4; 1963 c 4 § 36.71.030. Prior:
1909 c 214 § 4; RRS § 8356.]
36.71.030
36.71.040 Peddler’s license—Cancellation of license.
Upon the expiration and return of a county license, the appropriate county official shall cancel it, indorse thereon the cancellation, and place it on file. After holding the special
deposit of the licensee for a period of ninety days from the
date of cancellation, he shall return the deposit or such portion as may remain in his hands after satisfying the claims
made against it. [1985 c 91 § 5; 1963 c 4 § 36.71.040. Prior:
1909 c 214 § 5; RRS § 8357.]
36.71.040
36.71.050 Peddler’s license—Liability of deposit—
Lien on. Each deposit made with the county shall be subject
to all taxes legally chargeable thereto, to attachment and execution on behalf of the creditors of the licensee whose claims
arise in connection with the business done under his license,
and the county may be held to answer as trustee in any civil
action in contract or tort brought against any licensee, and
shall pay over, under order of the court or upon execution,
such amount of money as the licensee may be chargeable
with upon the final determination of the case. Such deposit
shall also be subject to the payment of any and all fines and
penalties incurred by the licensee through violations of the
provisions of RCW 36.71.010, 36.71.020, 36.71.030,
36.71.040 and 36.71.060, which shall be a lien upon the
deposit and shall be collected in the manner provided by law.
[1985 c 91 § 6; 1963 c 4 § 36.71.050. Prior: 1909 c 214 § 6;
RRS § 8358.]
36.71.050
36.71.060 Peddler’s license—Penalty for peddling
without license. Every peddler who sells or offers for sale or
exposes for sale, at public or private sale any goods, wares, or
merchandise without a county license, is guilty of a misdemeanor and shall be punished by imprisonment for not less
than thirty days nor more than ninety days or by fine of not
less than fifty dollars nor more than two hundred dollars or by
both. [2003 c 53 § 207; 1963 c 4 § 36.71.060. Prior: 1909 c
214 § 2; RRS § 8354.]
36.71.060
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
36.71.070 Hawkers, auctioneers, and barterers must
procure license—Exceptions. (1) If any person sells any
goods, wares, or merchandise, at auction or public outcry, or
barters goods, wares or merchandise from traveling boats,
wagons, carts or vehicles of any kind, or from any pack, basket or other package carried on foot without first having
obtained a license therefor from the board of county commissioners of the county in which such goods are sold or bartered, he shall be guilty of a misdemeanor, and upon convic36.71.070
[Title 36 RCW—page 232]
tion shall be fined not less than five nor more than fifty dollars, and shall stand committed to the county jail of the
county in which the conviction is had until such fine and cost
of prosecution are paid, or discharged by due course of law:
PROVIDED, That this section shall not be construed as to
apply to any seagoing craft or to administrators or executors
selling property of deceased persons, or to private individuals
selling their household property, or furniture, or farming
tools, implements, or livestock, or any produce grown or
raised by them, either at public auction or private sale.
(2) Notwithstanding subsection (1) of this section, counties shall not license auctioneers that are licensed by the state
under chapter 18.11 RCW. [1984 c 189 § 6; 1963 c 4 §
36.71.070. Prior: 1879 p 130 § 1; 1873 p 437 § 1; RRS §
8341.]
36.71.080
36.71.080 Hawkers, auctioneers, and barterers must
procure license—Issuance of license. The county legislative authority may, by its order, direct the appropriate county
official to issue a license to any person to do any business
designated in RCW 36.71.070 for such sum as may be fixed
under the authority of RCW 36.32.120(3). [1985 c 91 § 7;
1963 c 4 § 36.71.080. Prior: 1873 p 438 § 3; RRS § 8342.]
36.71.090
36.71.090 Farmers, gardeners, etc., peddling own
produce exempt from license requirements—Exception—Valid direct retail endorsement. (1) It shall be lawful for any farmer, gardener, or other person, without license,
to sell, deliver, or peddle any fruits, vegetables, berries, eggs,
or any farm produce or edibles raised, gathered, produced, or
manufactured by such person and no city or town shall pass
or enforce any ordinance prohibiting the sale by or requiring
license from the producers and manufacturers of farm produce and edibles as defined in this section. However, nothing
in this section authorizes any person to sell, deliver, or peddle, without license, in any city or town, any dairy product,
meat, poultry, eel, fish, mollusk, or shellfish where a license
is required to engage legally in such activity in such city or
town.
(2) It is lawful for an individual in possession of a valid
direct retail endorsement, as established in RCW 77.65.510,
to sell, deliver, or peddle any legally harvested retail-eligible
species, as that term is defined in RCW 77.08.010, that is
caught, harvested, or collected under rule of the department
of fish and wildlife by such a person at a temporary food service establishment, as that term is defined in RCW
69.06.045, and no city, town, or county may pass or enforce
an ordinance prohibiting the sale by or requiring additional
licenses or permits from the holder of the valid direct retail
endorsement. However, this subsection does not prohibit a
city, town, or county from inspecting an individual displaying a direct retail endorsement to verify that the person is in
compliance with state board of health and local rules for food
service operations. [2003 c 387 § 5; 2002 c 301 § 9; 1984 c
25 § 4; 1963 c 4 § 36.71.090. Prior: 1917 c 45 § 1; 1897 c 62
§ 1; RRS § 8343.]
Finding—Effective date—2002 c 301: See notes following RCW
77.65.510.
(2008 Ed.)
Transportation Benefit Districts
Chapter 36.72
Chapter 36.72 RCW
PRINTING
All county officers to use official county newspaper.
Official county newspaper.
Forms for public blanks, compilation of.
Forms for public blanks, compilation of—Material to be provided by state.
36.72.071 All county officers to use official county
newspaper. All county officers shall cause all legal notices
and delinquent tax lists to be advertised in the official county
newspaper designated by the county legislative authority.
[1977 c 34 § 1.]
36.72.071
36.72.075 Official county newspaper. At its first April
meeting, the county legislative authority shall let a contract to
a legal newspaper qualified under this section to serve as the
official county newspaper for the term of one year beginning
on the first day of July following. If there be at least one legal
newspaper published in the county, the contract shall be let to
a legal newspaper published in the county. If there be no legal
newspaper published in the county, the county legislative
authority shall let the contract to a legal newspaper published
in an adjacent county and having general circulation in the
county.
When two or more legal newspapers are qualified under
the provisions of this section to be the official county newspaper, the county auditor shall advertise, at least five weeks
before the meeting at which the county legislative authority
shall let the contract for the official county newspaper, for bid
proposals to be submitted by interested qualified legal newspapers. Advertisement of the opportunity to bid shall be
mailed to all qualified legal newspapers and shall be published once in the official county newspaper. The advertisement may designate the form which notices shall take, and
may require that the successful bidder provide a bond for the
correct and faithful performance of the contract.
The county legislative authority shall let the contract to
the best and lowest responsible bidder, giving consideration
to the question of circulation in awarding the contract, with a
view to giving publication of notices the widest publicity.
[1977 c 34 § 2.]
36.72.075
36.72.080 Forms for public blanks, compilation of.
The state auditor, with the aid and advice of the attorney general shall compile the forms for all public blanks used in the
counties of this state in conformity with the general statutes
thereof. The various blanks shall be uniform throughout the
state. [1963 c 4 § 36.72.080. Prior: 1897 c 35 § 1; RRS §
4078.]
36.72.080
36.72.090 Forms for public blanks, compilation of—
Material to be provided by state. The material used in such
blank forms and the printing and binding thereof shall be provided for by the state in the same manner and under the same
rules and regulations as other public printing is now provided
for under the general statutes of this state. [1963 c 4 §
36.72.090. Prior: 1897 c 35 § 2; RRS § 4079.]
36.72.090
(2008 Ed.)
Chapter 36.73 RCW
TRANSPORTATION BENEFIT DISTRICTS
Chapter 36.73
Sections
Sections
36.72.071
36.72.075
36.72.080
36.72.090
36.73.015
36.73.010
36.73.015
36.73.020
36.73.030
36.73.040
36.73.050
36.73.060
36.73.065
36.73.070
36.73.080
36.73.090
36.73.100
36.73.110
36.73.120
36.73.130
36.73.140
36.73.150
36.73.160
36.73.170
36.73.900
Intent.
Definitions.
Establishment of district by county or city—Participation by
other jurisdictions.
Establishment of district by city.
General powers of district.
Establishment of district—Public hearing—Ordinance.
Authority to levy property tax.
Taxes, fees, charges, tolls.
Authority to issue general obligation bonds, revenue bonds.
Local improvement districts authorized—Special assessments—Bonds.
Printing of bonds.
Use of bond proceeds.
Acceptance and use of gifts and grants.
Imposition of fees on building construction or land development.
Power of eminent domain.
Authority to contract for street and highway improvements.
Department of transportation, counties, cities, and other jurisdictions may fund transportation improvements.
Transportation improvement projects—Material change policy—Annual report.
Completion of transportation improvement—Termination of
district operations—Termination of taxes, fees, charges, and
tolls—Dissolution of district.
Liberal construction.
Roads and bridges, service districts: Chapter 36.83 RCW.
36.73.010 Intent. The legislature finds that the citizens
of the state can benefit by cooperation of the public and private sectors in addressing transportation needs. This cooperation can be fostered through enhanced capability for cities,
towns, and counties to make and fund transportation
improvements necessitated by economic development and to
improve the performance of the transportation system.
It is the intent of the legislature to encourage joint efforts
by the state, local governments, and the private sector to
respond to the need for those transportation improvements on
state highways, county roads, and city streets. This goal can
be better achieved by allowing cities, towns, and counties to
establish transportation benefit districts in order to respond to
the special transportation needs and economic opportunities
resulting from private sector development for the public
good. The legislature also seeks to facilitate the equitable
participation of private developers whose developments may
generate the need for those improvements in the improvement costs. [2005 c 336 § 2; 1987 c 327 § 1.]
36.73.010
Effective date—2005 c 336: See note following RCW 36.73.015.
36.73.015 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "District" means a transportation benefit district created under this chapter.
(2) "City" means a city or town.
(3) "Transportation improvement" means a project contained in the transportation plan of the state or a regional
transportation planning organization. A project may include
investment in new or existing highways of statewide significance, principal arterials of regional significance, high capacity transportation, public transportation, and other transportation projects and programs of regional or statewide significance including transportation demand management.
36.73.015
[Title 36 RCW—page 233]
36.73.020
Title 36 RCW: Counties
Projects may also include the operation, preservation, and
maintenance of these facilities or programs. [2006 c 311 §
24; 2005 c 336 § 1.]
Findings—2006 c 311: See note following RCW 36.120.020.
Effective date—2005 c 336: "This act takes effect August 1, 2005."
[2005 c 336 § 26.]
36.73.020 Establishment of district by county or
city—Participation by other jurisdictions. (1) The legislative authority of a county or city may establish a transportation benefit district within the county or city area or within
the area specified in subsection (2) of this section, for the purpose of acquiring, constructing, improving, providing, and
funding a transportation improvement within the district that
is consistent with any existing state, regional, and local transportation plans and necessitated by existing or reasonably
foreseeable congestion levels. The transportation improvements shall be owned by the county of jurisdiction if located
in an unincorporated area, by the city of jurisdiction if located
in an incorporated area, or by the state in cases where the
transportation improvement is or becomes a state highway.
However, if deemed appropriate by the governing body of the
transportation benefit district, a transportation improvement
may be owned by a participating port district or transit district, unless otherwise prohibited by law. Transportation
improvements shall be administered and maintained as other
public streets, roads, highways, and transportation improvements. To the extent practicable, the district shall consider
the following criteria when selecting transportation improvements:
(a) Reduced risk of transportation facility failure and
improved safety;
(b) Improved travel time;
(c) Improved air quality;
(d) Increases in daily and peak period trip capacity;
(e) Improved modal connectivity;
(f) Improved freight mobility;
(g) Cost-effectiveness of the investment;
(h) Optimal performance of the system through time; and
(i) Other criteria, as adopted by the governing body.
(2) Subject to subsection (6) of this section, the district
may include area within more than one county, city, port district, county transportation authority, or public transportation
benefit area, if the legislative authority of each participating
jurisdiction has agreed to the inclusion as provided in an
interlocal agreement adopted pursuant to chapter 39.34
RCW. However, the boundaries of the district need not
include all territory within the boundaries of the participating
jurisdictions comprising the district.
(3) The members of the legislative authority proposing to
establish the district, acting ex officio and independently,
shall constitute the governing body of the district: PROVIDED, That where a district includes area within more than
one jurisdiction under subsection (2) of this section, the district shall be governed under an interlocal agreement adopted
pursuant to chapter 39.34 RCW. However, the governing
body shall be composed of at least five members including at
least one elected official from the legislative authority of
each participating jurisdiction.
36.73.020
[Title 36 RCW—page 234]
(4) The treasurer of the jurisdiction proposing to establish the district shall act as the ex officio treasurer of the district, unless an interlocal agreement states otherwise.
(5) The electors of the district shall all be registered voters residing within the district.
(6) Prior to December 1, 2007, the authority under this
section, regarding the establishment of or the participation in
a district, shall not apply to:
(a) Counties with a population greater than one million
five hundred thousand persons and any adjoining counties
with a population greater than five hundred thousand persons;
(b) Cities with any area within the counties under (a) of
this subsection; and
(c) Other jurisdictions with any area within the counties
under (a) of this subsection. [2006 c 311 § 25; 2005 c 336 §
3; 1989 c 53 § 1; 1987 c 327 § 2.]
Findings—2006 c 311: See note following RCW 36.120.020.
Effective date—2005 c 336: See note following RCW 36.73.015.
Severability—1989 c 53: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1989 c 53 § 5.]
Transportation benefit district tax authority: RCW 82.47.020.
36.73.030 Establishment of district by city.
RCW 35.21.225.
36.73.030
See
36.73.040 General powers of district. (1) A transportation benefit district is a quasi-municipal corporation, an
independent taxing "authority" within the meaning of Article
VII, section 1 of the state Constitution, and a "taxing district"
within the meaning of Article VII, section 2 of the state Constitution.
(2) A transportation benefit district constitutes a body
corporate and possesses all the usual powers of a corporation
for public purposes as well as all other powers that may now
or hereafter be specifically conferred by statute, including,
but not limited to, the authority to hire employees, staff, and
services, to enter into contracts, to acquire, hold, and dispose
of real and personal property, and to sue and be sued. Public
works contract limits applicable to the jurisdiction that established the district apply to the district.
(3) To carry out the purposes of this chapter, and subject
to the provisions of RCW 36.73.065, a district is authorized
to impose the following taxes, fees, charges, and tolls:
(a) A sales and use tax in accordance with RCW
82.14.0455;
(b) A vehicle fee in accordance with RCW 82.80.140;
(c) A fee or charge in accordance with RCW 36.73.120.
However, if a county or city within the district area is levying
a fee or charge for a transportation improvement, the fee or
charge shall be credited against the amount of the fee or
charge imposed by the district. Developments consisting of
less than twenty residences are exempt from the fee or charge
under RCW 36.73.120; and
(d) Vehicle tolls on state routes, city streets, or county
roads, within the boundaries of the district, unless otherwise
prohibited by law. However, consistent with RCW
47.56.820, the vehicle toll must first be authorized by the legislature if the toll is imposed on a state route. The department
36.73.040
(2008 Ed.)
Transportation Benefit Districts
of transportation shall administer the collection of vehicle
tolls authorized on state routes, unless otherwise specified in
law or by contract, and the state transportation commission,
or its successor, may approve, set, and impose the tolls in
amounts sufficient to implement the district’s transportation
improvement finance plan. The district shall administer the
collection of vehicle tolls authorized on city streets or county
roads, and shall set and impose the tolls in amounts sufficient
to implement the district’s transportation improvement plan.
However, consistent with RCW 47.56.850, the vehicle toll,
including any change in an existing toll rate, must first be
reviewed and approved by the tolling authority designated in
RCW 47.56.850 if the toll, or change in toll rate, would have
a significant impact, as determined by the tolling authority,
on the operation of any state facility. [2008 c 122 § 17; 2005
c 336 § 4; 1989 c 53 § 3; 1987 c 327 § 4.]
Effective date—2005 c 336: See note following RCW 36.73.015.
Severability—1989 c 53: See note following RCW 36.73.020.
36.73.050 Establishment of district—Public hearing—Ordinance. (1) The legislative authorities proposing
to establish a district, or to modify the boundaries of an existing district, or to dissolve an existing district shall conduct a
hearing at the time and place specified in a notice published
at least once, not less than ten days before the hearing, in a
newspaper of general circulation within the proposed district.
Subject to the provisions of RCW 36.73.170, the legislative
authorities shall make provision for a district to be automatically dissolved when all indebtedness of the district has been
retired and anticipated responsibilities have been satisfied.
This notice shall be in addition to any other notice required
by law to be published. The notice shall, where applicable,
specify the functions or activities proposed to be provided or
funded, or the additional functions or activities proposed to
be provided or funded, by the district. Additional notice of
the hearing may be given by mail, by posting within the proposed district, or in any manner the legislative authorities
deem necessary to notify affected persons. All hearings shall
be public and the legislative authorities shall hear objections
from any person affected by the formation, modification of
the boundaries, or dissolution of the district.
(2)(a) Following the hearing held pursuant to subsection
(1) of this section, the legislative authorities may establish a
district, modify the boundaries or functions of an existing district, or dissolve an existing district, if the legislative authorities find the action to be in the public interest and adopt an
ordinance providing for the action.
(b) The ordinance establishing a district shall specify the
functions and transportation improvements described under
RCW 36.73.015 to be exercised or funded and establish the
boundaries of the district. Subject to the provisions of RCW
36.73.160, functions or transportation improvements proposed to be provided or funded by the district may not be
expanded beyond those specified in the notice of hearing,
unless additional notices are made, further hearings on the
expansion are held, and further determinations are made that
it is in the public interest to so expand the functions or transportation improvements proposed to be provided or funded.
[2007 c 329 § 3; 2005 c 336 § 5; 1987 c 327 § 5.]
36.73.050
Effective date—2005 c 336: See note following RCW 36.73.015.
(2008 Ed.)
36.73.065
36.73.060 Authority to levy property tax. (1) A district may levy an ad valorem property tax in excess of the one
percent limitation upon the property within the district for a
one-year period whenever authorized by the voters of the district pursuant to RCW 84.52.052 and Article VII, section 2(a)
of the state Constitution.
(2) A district may provide for the retirement of voterapproved general obligation bonds, issued for capital purposes only, by levying bond retirement ad valorem property
tax levies in excess of the one percent limitation whenever
authorized by the voters of the district pursuant to Article
VII, section 2(b) of the state Constitution and RCW
84.52.056. [2005 c 336 § 6; 1987 c 327 § 6.]
36.73.060
Effective date—2005 c 336: See note following RCW 36.73.015.
36.73.065 Taxes, fees, charges, tolls. (1) Except as
provided in subsection (4) of this section, taxes, fees,
charges, and tolls may not be imposed by a district without
approval of a majority of the voters in the district voting on a
proposition at a general or special election. The proposition
must include a specific description of the transportation
improvement or improvements proposed by the district and
the proposed taxes, fees, charges, and the range of tolls
imposed by the district to raise revenue to fund the improvement or improvements.
(2) Voter approval under this section shall be accorded
substantial weight regarding the validity of a transportation
improvement as defined in RCW 36.73.015.
(3) A district may not increase any taxes, fees, charges,
or range of tolls imposed under this chapter once the taxes,
fees, charges, or tolls take effect, unless authorized by the
district voters pursuant to RCW 36.73.160.
(4)(a) A district that includes all the territory within the
boundaries of the jurisdiction, or jurisdictions, establishing
the district may impose by a majority vote of the governing
board of the district the following fees and charges:
(i) Up to twenty dollars of the vehicle fee authorized in
RCW 82.80.140; or
(ii) A fee or charge in accordance with RCW 36.73.120.
(b) The vehicle fee authorized in (a) of this subsection
may only be imposed for a passenger-only ferry transportation improvement if the vehicle fee is first approved by a
majority of the voters within the jurisdiction of the district.
(c)(i) A district solely comprised of a city or cities shall
not impose the fees or charges identified in (a) of this subsection within one hundred eighty days after July 22, 2007,
unless the county in which the city or cities reside, by resolution, declares that it will not impose the fees or charges identified in (a) of this subsection within the one hundred eightyday period; or
(ii) A district solely comprised of a city or cities identified in RCW 36.73.020(6)(b) shall not impose the fees or
charges until after May 22, 2008, unless the county in which
the city or cities reside, by resolution, declares that it will not
impose the fees or charges identified in (a) of this subsection
through May 22, 2008.
(5) If the interlocal agreement in RCW 82.80.140(2)(a)
cannot be reached, a district that includes only the unincorporated territory of a county may impose by a majority vote of
the governing body of the district up to twenty dollars of the
36.73.065
[Title 36 RCW—page 235]
36.73.070
Title 36 RCW: Counties
vehicle fee authorized in RCW 82.80.140. [2007 c 329 § 1;
2005 c 336 § 17.]
Effective date—2005 c 336: See note following RCW 36.73.015.
36.73.070 Authority to issue general obligation
bonds, revenue bonds. (1) To carry out the purposes of this
chapter and notwithstanding RCW 39.36.020(1), a district
may issue general obligation bonds, not to exceed an amount,
together with any other outstanding nonvoter-approved general obligation indebtedness, equal to one and one-half percent of the value of taxable property within the district, as the
term "value of taxable property" is defined in RCW
39.36.015. A district may additionally issue general obligation bonds for capital purposes only, together with any outstanding general obligation indebtedness, not to exceed an
amount equal to five percent of the value of the taxable property within the district, as the term "value of taxable property"
is defined in RCW 39.36.015, when authorized by the voters
of the district pursuant to Article VIII, section 6 of the state
Constitution, and may also provide for the retirement thereof
by excess property tax levies as provided in RCW
36.73.060(2). The district may, if applicable, submit a single
proposition to the voters that, if approved, authorizes both the
issuance of the bonds and the bond retirement property tax
levies.
(2) General obligation bonds with a maturity in excess of
forty years shall not be issued. The governing body of the
district shall by resolution determine for each general obligation bond issue the amount, date, terms, conditions, denominations, maximum fixed or variable interest rate or rates,
maturity or maturities, redemption rights, registration privileges, manner of execution, manner of sale, callable provisions, if any, covenants, and form, including registration as to
principal and interest, registration as to principal only, or
bearer. Registration may include, but not be limited to: (a) A
book entry system of recording the ownership of a bond
whether or not physical bonds are issued; or (b) recording the
ownership of a bond together with the requirement that the
transfer of ownership may only be effected by the surrender
of the old bond and either the reissuance of the old bond or
the issuance of a new bond to the new owner. Facsimile signatures may be used on the bonds and any coupons. Refunding general obligation bonds may be issued in the same manner as general obligation bonds are issued.
(3) Whenever general obligation bonds are issued to
fund specific projects or enterprises that generate revenues,
charges, user fees, or special assessments, the district may
specifically pledge all or a portion of the revenues, charges,
user fees, or special assessments to refund the general obligation bonds. The district may also pledge any other revenues
that may be available to the district.
(4) In addition to general obligation bonds, a district may
issue revenue bonds to be issued and sold in accordance with
chapter 39.46 RCW. [2005 c 336 § 7; 1987 c 327 § 7.]
36.73.070
Effective date—2005 c 336: See note following RCW 36.73.015.
36.73.080 Local improvement districts authorized—
Special assessments—Bonds. (1) A district may form a
local improvement district to provide any transportation
improvement it has the authority to provide, impose special
36.73.080
[Title 36 RCW—page 236]
assessments on all property specially benefited by the transportation improvements, and issue special assessment bonds
or revenue bonds to fund the costs of the transportation
improvement. Local improvement districts shall be created
and administered, and assessments shall be made and collected, in the manner and to the extent provided by law to cities and towns pursuant to chapters 35.43, 35.44, 35.49, 35.50,
35.51, 35.53, and 35.54 RCW. However, the duties devolving upon the city or town treasurer under these chapters shall
be imposed upon the district treasurer for the purposes of this
section. A local improvement district may only be formed
under this section pursuant to the petition method under
RCW 35.43.120 and 35.43.125.
(2) The governing body of a district shall by resolution
establish for each special assessment bond issue the amount,
date, terms, conditions, denominations, maximum fixed or
variable interest rate or rates, maturity or maturities, redemption rights, registration privileges, if any, covenants, and
form, including registration as to principal and interest, registration as to principal only, or bearer. Registration may
include, but not be limited to: (a) A book entry system of
recording the ownership of a bond whether or not physical
bonds are issued; or (b) recording the ownership of a bond
together with the requirement that the transfer of ownership
may only be effected by the surrender of the old bond and
either the reissuance of the old bond or the issuance of a new
bond to the new owner. Facsimile signatures may be used on
the bonds and any coupons. The maximum term of any special assessment bonds shall not exceed thirty years beyond
the date of issue. Special assessment bonds issued pursuant
to this section shall not be an indebtedness of the district issuing the bonds, and the interest and principal on the bonds
shall only be payable from special assessments made for the
improvement for which the bonds were issued and any local
improvement guaranty fund that the district has created. The
owner or bearer of a special assessment bond or any interest
coupon issued pursuant to this section shall not have any
claim against the district arising from the bond or coupon
except for the payment from special assessments made for
the improvement for which the bonds were issued and any
local improvement guaranty fund the district has created.
The district issuing the special assessment bonds is not liable
to the owner or bearer of any special assessment bond or any
interest coupon issued pursuant to this section for any loss
occurring in the lawful operation of its local improvement
guaranty fund. The substance of the limitations included in
this subsection (2) shall be plainly printed, written, or
engraved on each special assessment bond issued pursuant to
this section.
(3) Assessments shall reflect any credits given by a district for real property or property right donations made pursuant to RCW 47.14.030.
(4) The governing body may establish, administer, and
pay money into a local improvement guaranty fund, in the
manner and to the extent provided by law to cities and towns
under chapter 35.54 RCW, to guarantee special assessment
bonds issued by the district. [2005 c 336 § 8; 1987 c 327 § 8.]
Effective date—2005 c 336: See note following RCW 36.73.015.
(2008 Ed.)
Transportation Benefit Districts
36.73.090 Printing of bonds. Where physical bonds
are issued pursuant to RCW 36.73.070 or 36.73.080, the
bonds shall be printed, engraved, or lithographed on good
bond paper and the manual or facsimile signatures of both the
treasurer and chairperson of the governing body shall be
included on each bond. [1987 c 327 § 9.]
36.73.090
36.73.100 Use of bond proceeds. (1) The proceeds of
any bond issued pursuant to RCW 36.73.070 or 36.73.080
may be used to pay costs incurred on a bond issue related to
the sale and issuance of the bonds. These costs include payments for fiscal and legal expenses, obtaining bond ratings,
printing, engraving, advertising, and other similar activities.
(2) In addition, proceeds of bonds used to fund capital
projects may be used to pay the necessary and related engineering, architectural, planning, and inspection costs. [2005
c 336 § 9; 1987 c 327 § 10.]
36.73.100
Effective date—2005 c 336: See note following RCW 36.73.015.
36.73.110 Acceptance and use of gifts and grants. A
district may accept and expend or use gifts, grants, and donations. [2005 c 336 § 10; 1987 c 327 § 11.]
36.73.110
Effective date—2005 c 336: See note following RCW 36.73.015.
36.73.120 Imposition of fees on building construction
or land development. (1) Subject to the provisions in RCW
36.73.065, a district may impose a fee or charge on the construction or reconstruction of commercial buildings, industrial buildings, or on any other commercial or industrial
building or building space or appurtenance, or on the development, subdivision, classification, or reclassification of land
for commercial purposes, only if done in accordance with
chapter 39.92 RCW.
(2) Any fee or charge imposed under this section shall be
used exclusively for transportation improvements constructed by a district. The fees or charges imposed must be
reasonably necessary as a result of the impact of development, construction, or classification or reclassification of
land on identified transportation needs.
(3) If a county or city within the district area is levying a
fee or charge for a transportation improvement, the fee or
charge shall be credited against the amount of the fee or
charge imposed by the district. [2007 c 329 § 4; 2005 c 336
§ 11; 1988 c 179 § 7; 1987 c 327 § 12.]
36.73.120
Effective date—2005 c 336: See note following RCW 36.73.015.
Severability—Prospective application—Section captions—1988 c
179: See RCW 39.92.900 and 39.92.901.
36.73.130 Power of eminent domain. A district may
exercise the power of eminent domain to obtain property for
its authorized purposes in the same manner as authorized for
the city or county legislative authority that established the
district. [2005 c 336 § 12; 1987 c 327 § 13.]
36.73.130
Effective date—2005 c 336: See note following RCW 36.73.015.
36.73.140 Authority to contract for street and highway improvements. A district has the same powers as a
county or city to contract for street, road, or state highway
improvement projects and to enter into reimbursement con36.73.140
(2008 Ed.)
36.73.170
tracts provided for in chapter 35.72 RCW. [2005 c 336 § 13;
1987 c 327 § 14.]
Effective date—2005 c 336: See note following RCW 36.73.015.
36.73.150 Department of transportation, counties,
cities, and other jurisdictions may fund transportation
improvements. The department of transportation, counties,
cities, and other jurisdictions may give funds to districts for
the purposes of financing transportation improvements under
this chapter. [2005 c 336 § 14; 1987 c 327 § 15.]
36.73.150
Effective date—2005 c 336: See note following RCW 36.73.015.
36.73.160 Transportation improvement projects—
Material change policy—Annual report. (1) The district
governing body shall develop a material change policy to
address major plan changes that affect project delivery or the
ability to finance the plan. The policy must at least address
material changes to cost, scope, and schedule, the level of
change that will require governing body involvement, and
how the governing body will address those changes. At a
minimum, in the event that a transportation improvement cost
exceeds its original cost by more than twenty percent as identified in a district’s original finance plan, the governing body
shall hold a public hearing to solicit comment from the public
regarding how the cost change should be resolved.
(2) A district shall issue an annual report, indicating the
status of transportation improvement costs, transportation
improvement expenditures, revenues, and construction
schedules, to the public and to newspapers of record in the
district. [2005 c 336 § 18.]
36.73.160
Effective date—2005 c 336: See note following RCW 36.73.015.
36.73.170 Completion of transportation improvement—Termination of district operations—Termination
of taxes, fees, charges, and tolls—Dissolution of district.
Within thirty days of the completion of the construction of
the transportation improvement or series of improvements
authorized by a district, the district shall terminate day-to-day
operations and exist solely as a limited entity that oversees
the collection of revenue and the payment of debt service or
financing still in effect, if any and to carry out the requirements of RCW 36.73.160. The district shall accordingly
adjust downward its employees, administration, and overhead expenses. Any taxes, fees, charges, or tolls imposed by
the district terminate when the financing or debt service on
the transportation improvement or series of improvements
constructed is completed and paid and notice is provided to
the departments administering the taxes. Any excess revenues collected must be disbursed to the participating jurisdictions of the district in proportion to their population, using
population estimates prepared by the office of financial management. The district shall dissolve itself and cease to exist
thirty days after the financing or debt service on the transportation improvement, or series of improvements, constructed
is completed and paid. If there is no debt outstanding, then
the district shall dissolve within thirty days from completion
of construction of the transportation improvement or series of
improvements authorized by the district. Notice of dissolution must be published in newspapers of general circulation
within the district at least three times in a period of thirty
36.73.170
[Title 36 RCW—page 237]
36.73.900
Title 36 RCW: Counties
days. Creditors must file claims for payment of claims due
within thirty days of the last published notice or the claim is
extinguished. [2005 c 336 § 19.]
Effective date—2005 c 336: See note following RCW 36.73.015.
36.73.900 Liberal construction. The rule of strict construction does not apply to this chapter, and this chapter shall
be liberally construed to permit the accomplishment of its
purposes. [1987 c 327 § 16.]
36.73.900
Chapter 36.75 RCW
ROADS AND BRIDGES—GENERAL PROVISIONS
Chapter 36.75
Sections
36.75.010
36.75.020
36.75.030
36.75.035
36.75.040
36.75.050
36.75.060
36.75.065
36.75.070
36.75.080
36.75.090
36.75.100
36.75.110
36.75.120
36.75.130
36.75.160
36.75.170
36.75.180
36.75.190
36.75.200
36.75.203
36.75.205
36.75.207
36.75.210
36.75.220
36.75.230
36.75.240
36.75.243
36.75.250
36.75.255
36.75.260
36.75.270
36.75.280
36.75.290
36.75.300
Definitions.
County roads—County legislative authority as agent of state—
Standards.
State and county cooperation.
County may fund improvements to state highways.
Powers of county commissioners.
Powers—How exercised.
County road districts.
Community revitalization financing—Public improvements.
Highways worked seven years are county roads.
Highways used ten years are county roads.
Abandoned state highways.
Informalities not fatal.
True locations to be determined—Survey.
Action to determine true location.
Approaches to county roads—Rules regarding construction—
Penalty.
Power of county commissioners as to roads, bridges, and other
structures crossing boundary lines.
Power of county commissioners as to roads, bridges, and other
structures crossing boundary lines—Resolution to acquire or
construct.
Power of county commissioners as to roads, bridges, and other
structures crossing boundary lines—Freeholders’ petition to
acquire or construct.
Engineer’s report—Hearing—Order.
Bridges on city or town streets.
Responsibility of city to maintain county road forming a
municipal boundary.
Street as extension of road in town of less than one thousand.
Agreements for planning, establishment, construction, and
maintenance of city streets by counties—Use of county road
fund—Payment by city—Contracts, bids.
Roads crossing boundaries.
Connecting road across segment of third county.
Acquisition of land under RCW 36.75.210 and 36.75.220.
Sidewalks and pedestrian paths or walks—Bicycle paths,
lanes, routes, and roadways—Standards.
Curb ramps for persons with physical disabilities.
State may intervene if maintenance neglected.
Street improvements—Provision of supplies or materials.
Annual report to secretary of transportation.
Limitation of type or weight of vehicles authorized—Penalty.
Centralized repair and storage of machinery, equipment, supplies, etc.
General penalty.
Primitive roads—Classification and designation.
defined for motor vehicle purposes: RCW 46.04.150.
designation as arterial: RCW 46.61.195.
federal funds for, state to match: RCW 47.08.020.
federal grants to, department of transportation to administer: RCW
47.04.060, 47.04.070.
may be selected as state highway route: RCW 47.28.010.
projects by department of transportation, funds set aside: RCW
47.08.080.
state participation in building: RCW 47.04.080.
title to rights-of-way vested in state: RCW 47.04.040.
Department of transportation and transportation improvement board to
coordinate long range needs studies: RCW 47.01.240.
Destroying native flora near county roads unlawful: RCW 47.40.080.
Dikes along public road, diking districts by: RCW 85.05.250.
Diking, drainage, and sewerage improvement districts
benefits to roads, costs: RCW 85.08.370.
crossing roads, procedure: RCW 85.08.340.
Diking, drainage district benefits to roads, how paid: RCW 85.07.040,
85.07.050.
Diking and drainage intercounty districts, counties to contribute for benefits
to roads and bridges by: RCW 85.24.240.
Drainage ditches along roads by drainage improvement district: RCW
85.08.385.
Flood control districts (1937 act), crossing county roads, procedure: RCW
86.09.229.
Glass bottles thrown along county roads, collection and removal: RCW
47.40.090.
Highway advertising control act
county information signs allowed under: RCW 47.42.050.
not to supersede county ordinance: RCW 47.42.070.
Labor on, maximum hours of prescribed: Chapter 49.28 RCW.
Limited access facilities: Chapter 47.52 RCW.
Local adopt-a-highway programs: RCW 47.40.105.
Motor vehicles, maximum weight, size, speed in traversing bridges, tunnels,
etc.: RCW 46.61.450.
Public lands
rights-of-way over for county bridges, trestles, across waterways, tide or
shore lands: RCW 79.110.120.
rights-of-way over for roads, county wharves: RCW 79.36.440.
sale of road materials on to counties: RCW 79.15.320.
Public works contracts, reserve from amount due contractors to cover lien
for labor, material or taxes: Chapter 60.28 RCW.
Railroad grade crossings, county participation in grant, duty to maintain:
Chapter 81.53 RCW.
Reclamation districts of one million acres benefit to public roads, procedure: RCW 89.30.181.
Right to back and hold waters over county roads: RCW 90.28.010,
90.28.020.
Speeds, maximums on county roads: RCW 46.61.415.
State cooperation in building roads, bridges, etc.: RCW 47.04.080.
Street railways, may cross public road: RCW 81.64.030.
Telecommunications companies, use of county roads, how: RCW 80.36.040.
Bridges across navigable waters: Chapter 88.28 RCW.
Title to rights-of-way in county roads vested in state: RCW 47.04.040.
Cities and towns
annexation of unincorporated areas, disposition of road district taxes:
RCW 35.13.270.
disincorporation, effect on streets: RCW 35.07.110.
incorporation, disposition of uncollected road district taxes: RCW
35.02.140.
Toll bridges
ferry crossings not to infringe existing franchises: RCW 47.60.120.
state given right-of-way through county roads: RCW 47.56.100.
Classification of highways, county roads: RCW 47.04.020.
36.75.010 Definitions. As used in this title with relation
to roads and bridges, the following terms mean:
(1) "Alley," a highway not designed for general travel
and primarily used as a means of access to the rear of residences and business establishments;
Contracts for street, road, and highway projects: Chapter 35.72 RCW.
County roads
construction or maintenance of, cooperative agreements, prevention or
minimization of flood damages: RCW 47.28.140.
defined for highway purposes: RCW 47.04.010(9).
[Title 36 RCW—page 238]
Toll roads, bridges, and ferries of state, sale or lease of unneeded property
to county: RCW 47.56.253.
36.75.010
(2008 Ed.)
Roads and Bridges—General Provisions
(2) "Board," the board of county commissioners or the
county legislative authority, however organized;
(3) "Center line," the line, marked or unmarked, parallel
to and equidistant from the sides of a two-way traffic roadway of a highway except where otherwise indicated by
painted lines or markers;
(4) "City street," every highway or part thereof, located
within the limits of incorporated cities and towns, except
alleys;
(5) "County engineer" means the county road engineer,
county engineer, and engineer, and shall refer to the statutorily required position of county engineer appointed under
RCW 36.80.010; and may include the county director of public works when the person in that position also meets the
requirements of a licensed professional engineer and is duly
appointed by the county legislative authority under RCW
36.80.010;
(6) "County road," every highway or part thereof, outside the limits of incorporated cities and towns and which has
not been designated as a state highway;
(7) "Department," the state department of transportation;
(8) "Director" or "secretary," the state secretary of transportation or his or her duly authorized assistant;
(9) "Pedestrian," any person afoot;
(10) "Private road or driveway," every way or place in
private ownership and used for travel of vehicles by the
owner or those having express or implied permission from
the owner, but not by other persons;
(11) "Highway," every way, lane, road, street, boulevard,
and every way or place in the state of Washington open as a
matter of right to public vehicular travel both inside and outside the limits of incorporated cities and towns;
(12) "Railroad," a carrier of persons or property upon
vehicles, other than streetcars, operated upon stationary rails,
the route of which is principally outside incorporated cities
and towns;
(13) "Roadway," the paved, improved, or proper driving
portion of a highway designed or ordinarily used for vehicular travel;
(14) "Sidewalk," property between the curb lines or the
lateral lines of a roadway, and the adjacent property, set aside
and intended for the use of pedestrians or such portion of private property parallel and in proximity to a highway and dedicated to use by pedestrians;
(15) "State highway," includes every highway as herein
defined, or part thereof, that has been designated as a state
highway, or branch thereof, by legislative enactment. [2005
c 161 § 1; 1984 c 7 § 26; 1975 c 62 § 1; 1969 ex.s. c 182 § 1;
1963 c 4 § 36.75.010. Prior: 1937 c 187 § 1; RRS § 6450-1.]
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1975 c 62: "If any provision of this amendatory act, or
its application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1975 c 62 § 52.]
36.75.020 County roads—County legislative authority as agent of state—Standards. All of the county roads in
each of the several counties shall be established, laid out,
constructed, altered, repaired, improved, and maintained by
the legislative authority of the respective counties as agents
of the state, or by private individuals or corporations who are
36.75.020
(2008 Ed.)
36.75.040
allowed to perform such work under an agreement with the
county legislative authority. Such work shall be done in
accordance with adopted county standards under the supervision and direction of the county engineer. [1982 c 145 § 6;
1963 c 4 § 36.75.020. Prior: 1943 c 82 § 1; 1937 c 187 § 2;
Rem. Supp. 1943 § 6450-2.]
36.75.030 State and county cooperation. The state
department of transportation and the governing officials of
any county may enter into reciprocal public highway
improvement and maintenance agreements, providing for
cooperation either in the county assisting the department in
the improvement or maintenance of state highways, or the
department assisting the county in the improvement or maintenance of county roads, under any circumstance where a
necessity appears therefor or where economy in public highway improvement and maintenance will be best served.
[1984 c 7 § 27; 1963 c 4 § 36.75.030. Prior: 1939 c 181 § 11;
RRS § 6450-2a.]
36.75.030
Severability—1984 c 7: See note following RCW 47.01.141.
36.75.035 County may fund improvements to state
highways. A county pursuant to chapter 36.88 RCW, or a
service district as provided for in chapter 36.83 RCW, may,
with the approval of the state department of transportation,
improve or fund the improvement of any state highway
within its boundaries. The county may fund improvements
under this section by any means authorized by law, except
that expenditures of county road funds under chapter 36.82
RCW under this section must be limited to improvements to
the state highway system and shall not include maintenance
or operations. Nothing in this section shall limit the authority
of a county to fund cooperative improvement and maintenance agreements with the department of transportation,
authorized by RCW 36.75.030 or 47.28.140. [2002 c 60 § 1;
1985 c 400 § 1.]
36.75.035
County road improvement districts and service districts may improve state
highways: RCW 36.83.010 and 36.88.010.
36.75.040 Powers of county commissioners. The
board of county commissioners of each county, in relation to
roads and bridges, shall have the power and it shall be its duty
to:
(1) Acquire in the manner provided by law property real
and personal and acquire or erect structures necessary for the
administration of the county roads of such county;
(2) Maintain a county engineering office and keep record
of all proceedings and orders pertaining to the county roads
of such county;
(3) Acquire land for county road purposes by purchase,
gift, or condemnation, and exercise the right of eminent
domain as by law provided for the taking of land for public
use by counties of this state;
(4) Perform all acts necessary and proper for the administration of the county roads of such county as by law provided;
(5) In its discretion rent or lease any lands, improvements or air space above or below any county road or unused
county roads to any person or entity, public or private: PROVIDED, That the said renting or leasing will not interfere
36.75.040
[Title 36 RCW—page 239]
36.75.050
Title 36 RCW: Counties
with vehicular traffic along said county road or adversely
affect the safety of the traveling public: PROVIDED FURTHER, That any such sale, lease or rental shall be by public
bid in the manner provided by law: AND PROVIDED FURTHER, That nothing herein shall prohibit any county from
granting easements of necessity. [1969 ex.s. c 182 § 15; 1963
c 4 § 36.75.040. Prior: 1937 c 187 § 3; RRS § 6450-3.]
36.75.050 Powers—How exercised. The powers and
duties vested in or imposed upon the boards with respect to
establishing, examining, surveying, constructing, altering,
repairing, improving, and maintaining county roads, shall be
exercised under the supervision and direction of the county
road engineer.
The board shall by resolution, and not otherwise, order
the survey, establishment, construction, alteration, or
improvement of county roads; the county road engineer shall
prepare all necessary maps, plans, and specifications therefor, showing the right-of-way widths, the alignments, gradients, and standards of construction. [1963 c 4 § 36.75.050.
Prior: 1943 c 73 § 1, part; 1937 c 187 § 4, part; Rem. Supp.
1943 § 6450-4.]
years are county roads: PROVIDED, That no duty to maintain such public highway nor any liability for any injury or
damage for failure to maintain such public highway or any
road signs thereon shall attach to the county until the same
shall have been adopted as a part of the county road system
by resolution of the county commissioners. [1963 c 4 §
36.75.080. Prior: 1955 c 361 § 3; prior: 1945 c 125 § 1, part;
1937 c 187 § 10, part; Rem. Supp. 1945 § 6450-10, part.]
36.75.050
36.75.060 County road districts. For the purpose of
efficient administration of the county roads of each county
the board may, but not more than once in each year, form
their respective counties, or any part thereof, into suitable and
convenient road districts, not exceeding nine in number, and
cause a description thereof to be entered upon their records.
Unless the board decides otherwise by majority vote,
there shall be at least one road district in each county commissioner’s district embracing territory outside of cities and
towns and no road district shall extend into more than one
county commissioner’s district. [1969 ex.s. c 182 § 3; 1963 c
4 § 36.75.060. Prior: 1937 c 187 § 5; RRS § 6450-5.]
36.75.060
36.75.065 Community revitalization financing—
Public improvements. In addition to other authority that a
road district possesses, a road district may provide any public
improvement as defined under RCW 39.89.020, but this additional authority is limited to participating in the financing of
the public improvements as provided under RCW 39.89.050.
This section does not limit the authority of a road district
to otherwise participate in the public improvements if that
authority exists elsewhere. [2001 c 212 § 16.]
36.75.065
36.75.090 Abandoned state highways. All public
highways in this state which have been a part of the route of
a state highway and have been or may hereafter be no longer
necessary as such, if situated outside of the limits of incorporated cities or towns, shall, upon certification thereof by the
state department of transportation to the legislative authority
of the county in which any portion of the highway is located,
become a county road of the county, and if situated within the
corporate limits of any city or town shall upon certification
thereof by the state department of transportation to the mayor
of the city or town in which any portion of the highway is
located become a street of the city or town. Upon the certification the secretary of transportation shall execute a deed,
which shall be duly acknowledged, conveying the abandoned
highway or portion thereof to the county or city as the case
may be. [1984 c 7 § 28; 1977 ex.s. c 78 § 4; 1963 c 4 §
36.75.090. Prior: 1955 c 361 § 4; prior: 1953 c 57 § 1; 1945
c 125 § 1, part; 1937 c 187 § 10, part; Rem. Supp. 1945 §
6450-10, part.]
36.75.090
Severability—1984 c 7: See note following RCW 47.01.141.
36.75.100 Informalities not fatal. No informalities in
the records in laying out, establishing, or altering any public
highways existing on file in the offices of the various county
auditors of this state or in the records of the department or the
transportation commission, may be construed to invalidate or
vacate the public highways. [1984 c 7 § 29; 1963 c 4 §
36.75.100. Prior: 1937 c 187 § 11; RRS § 6450-11.]
36.75.100
Severability—1984 c 7: See note following RCW 47.01.141.
36.75.070 Highways worked seven years are county
roads. All public highways in this state, outside incorporated
cities and towns and not designated as state highways, which
have been used as public highways for a period of not less
than seven years, where they have been worked and kept up
at the expense of the public, are county roads. [1963 c 4 §
36.75.070. Prior: 1955 c 361 § 2; prior: 1945 c 125 § 1, part;
1937 c 187 § 10, part; Rem. Supp. 1945 § 6450-10, part.]
36.75.110 True locations to be determined—Survey.
Whenever the board declares by resolution that the true location, course, or width of any county road is uncertain and that
the same should be determined, it shall direct the county road
engineer to make examination and survey thereof.
This shall embrace an examination and survey of the
original petition, report, and field notes on the establishment
of such road; a survey of the present traveled roadway; all
topography within a reasonable distance and having a bearing
on the true location of such road; the distance from the center
line of the traveled roadway to the nearest section and quarter
section corners; a map of sufficient scale accurately showing
the above with field notes thereon; a map on the same scale
showing the original field notes, such field notes to be transposed and the same meridian used on both maps. [1963 c 4 §
36.75.110. Prior: 1937 c 187 § 12; RRS § 6450-12.]
36.75.080 Highways used ten years are county roads.
All public highways in this state, outside incorporated cities
and towns and not designated as state highways which have
been used as public highways for a period of not less than ten
36.75.120 Action to determine true location. When
the true location, course, or width of a county road, which
was prior thereto uncertain, has been reported by the examining engineer, the board shall file an action in the superior
Severability—2001 c 212: See RCW 39.89.902.
36.75.070
36.75.080
[Title 36 RCW—page 240]
36.75.110
36.75.120
(2008 Ed.)
Roads and Bridges—General Provisions
court of such county for the determination thereof. All persons affected by the determination of the true location,
course, or width insofar as the same may vary from the originally established location, course, or width shall be made
parties defendant in such action and service had and return
made as in the case of civil actions. Upon the hearing the
court shall consider the survey, maps, and all data with reference to the investigation of the examining engineer and may
demand such further examination as it may deem necessary
and any objection of any party defendant may be heard and
considered. The court shall determine the true location,
course, and width of the road and may in its discretion assess
the cost of such action against the county to be paid from the
county road fund. [1963 c 4 § 36.75.120. Prior: 1937 c 187
§ 13; RRS § 6450-13.]
36.75.130 Approaches to county roads—Rules
regarding construction—Penalty. (1) No person shall be
permitted to build or construct any approach to any county
road without first obtaining permission therefor from the
board.
(2) The boards of the several counties of the state may
adopt reasonable rules for the construction of approaches
which, when complied with, shall entitle a person to build or
construct an approach from any abutting property to any
county road. The rules may include provisions for the construction of culverts under the approaches, the depth of fills
over the culverts, and for such other drainage facilities as the
board deems necessary. The construction of approaches, culverts, fills, or such other drainage facilities as may be
required, shall be under the supervision of the county road
engineer, and all such construction shall be at the expense of
the person benefited by the construction.
(3) Any person violating this section is guilty of a misdemeanor. [2003 c 53 § 208; 1963 c 4 § 36.75.130. Prior: 1943
c 174 § 1; Rem. Supp. 1943 § 6450-95.]
36.75.130
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
36.75.160 Power of county commissioners as to
roads, bridges, and other structures crossing boundary
lines. The board of county commissioners of any county may
erect and construct or acquire by purchase, gift, or condemnation, any bridge, trestle, or any other structure which crosses
any stream, body of water, gulch, navigable water, swamp or
other topographical formation requiring such structure for the
continuation or connection of any county road if such topographical formation constitutes the boundary of a city, town,
another county or the state of Washington or another state or
a county, city or town of such other state.
The board of such county may join with such city, town,
other county, the state of Washington, or other state, or a
county, city or town of such other state in paying for, erecting, constructing, acquiring by purchase, gift, or condemnation any such bridge, trestle, or other structure, and the purchase or condemnation of right-of-way therefor.
The board of any county may construct, maintain, and
operate any county road which forms the boundary line
between another county within the state or another county in
any other state or which through its meandering crosses such
boundary; and acquire by purchase or condemnation any
36.75.160
(2008 Ed.)
36.75.180
lands or rights within this state, either within or without its
county, necessary for such boundary road; and enter into joint
contracts with authorities of adjoining counties for the construction, operation, and maintenance of such boundary
roads. The power of condemnation herein granted may be
exercised jointly by two counties in the manner provided in
RCW 36.75.170 for bridges, or it may be exercised by a single county in the manner authorized by law. [2000 c 155 § 1;
1963 c 4 § 36.75.160. Prior: 1943 c 82 § 3; 1937 c 187 § 26;
Rem. Supp. 1943 § 6450-26.]
36.75.170 Power of county commissioners as to
roads, bridges, and other structures crossing boundary
lines—Resolution to acquire or construct. The board may
by original resolution entered upon its minutes declare its
intention to pay for and erect or construct, or acquire by purchase, gift, or condemnation, any bridge, trestle, or other
structure upon any county road which crosses any stream,
body of water, gulch, navigable water, swamp or other topographical formation constituting a boundary, or to join
therein with any other county, city or town, or with this state,
or with any other state, or with any county, city or town of
any other state, in the erection, or construction, or acquisition
of any such structure, and declare that the same is a public
necessity, and direct the county road engineer to report upon
such project, dividing any just proportional cost thereof.
In the event two counties or any county and any city wish
to join in paying for the erection or acquisition of any such
structure, the resolution provided in this section shall be a
joint resolution of the governing authorities of the counties
and cities and they shall further, by such resolution, designate
an engineer employed by one county to report upon the proposed erection or acquisition. [1963 c 4 § 36.75.170. Prior:
1937 c 187 § 27; RRS § 6450-27.]
36.75.170
36.75.180 Power of county commissioners as to
roads, bridges, and other structures crossing boundary
lines—Freeholders’ petition to acquire or construct. Ten
or more freeholders of any county may petition the board for
the erection and construction or acquisition by purchase, gift,
or condemnation of any bridge, trestle, or any other structure
in the vicinity of their residence, and upon any county road
which crosses any stream, body of water, gulch, navigable
waters, swamp or other topographical formation constituting
a boundary by joining with any other county, city or town, or
the state of Washington, or with any other state or with any
county, city or town of any other state, setting forth and
describing the location proposed for the erection of such
bridge, trestle, or other structure, and stating that the same is
a public necessity. The petition shall be accompanied by a
bond with the same requirements, conditions, and amount
and in the same manner as in case of a freeholders’ petition
for the establishing of a county road. Upon the filing of such
petition and bond and being satisfied that the petition has
been signed by freeholders residing in the vicinity of such
proposed bridge, trestle, or other structure, the board shall
direct the county road engineer to report upon the project,
dividing any just proportional cost thereof.
In the event two counties or any county and any city or
town are petitioned to join in paying for the erection or acqui36.75.180
[Title 36 RCW—page 241]
36.75.190
Title 36 RCW: Counties
sition of such structure, the board of county commissioners of
the counties or the board of county commissioners of the
county and governing authorities of the city or town shall act
jointly in the selection of the engineer who shall report upon
such acquisition or erection. [1963 c 4 § 36.75.180. Prior:
1937 c 187 § 28; RRS § 6450-28.]
36.75.190 Engineer’s report—Hearing—Order.
Upon report by the examining engineer for the erection and
construction upon any county road, or for acquisition by purchase, gift or condemnation of any bridge, trestle, or any
other structure crossing any stream, body of water, gulch,
navigable water, swamp or other topographical formation,
which constitutes a boundary, publication shall be made and
joint hearing had upon such report in the same manner and
upon the same procedure as in the case of resolution or petition for the laying out and establishing of county roads. If
upon the hearing the governing authorities jointly order the
erection and construction or acquisition of such bridge, trestle, or other structure, they may jointly acquire land necessary
therefor by purchase, gift, or condemnation in the manner as
provided for acquiring land for county roads, and shall advertise calls for bids, require contractor’s deposit and bond,
award contracts, and supervise construction as by law provided and in the same manner as required in the case of the
construction of county roads.
Any such bridges, trestles or other structures may be
operated free, or may be operated as toll bridges, trestles, or
other structures under the provisions of the laws of this state
relating thereto. [1963 c 4 § 36.75.190. Prior: 1937 c 187 §
29; RRS § 6450-29.]
36.75.190
36.75.200 Bridges on city or town streets. The boards
of the several counties may expend funds from the county
road fund for the construction, improvement, repair, and
maintenance of any bridge upon any city street within any
city or town in such county where such city street and bridge
are essential to the continuation of the county road system of
the county. Such construction, improvement, repair, or maintenance shall be ordered by resolution and proceedings conducted in respect thereto in the same manner as provided for
the laying out and establishing of county roads by counties,
and for the preparation of maps, plans, and specifications,
advertising and award of contracts therefor. [1963 c 4 §
36.75.200. Prior: 1937 c 187 § 30; RRS § 6450-30.]
36.75.200
36.75.203 Responsibility of city to maintain county
road forming a municipal boundary. If the centerline of a
portion of a county road is part of a corporate boundary of a
city or town as of May 21, 1985, and that portion of county
road has no connection to the county road system, maintenance of all affected portions of the road shall be the responsibility of such city or town after a petition requesting the
same has been made to the city or town by the county legislative authority. [1985 c 429 § 2.]
36.75.203
36.75.205 Street as extension of road in town of less
than one thousand. Whenever any street in any town, having a population of less than one thousand persons, forms an
extension of a county road of the county in which such town
36.75.205
[Title 36 RCW—page 242]
is located, and where the board of county commissioners of
such county and the governing body of such town, prior to the
commencement of any work, have mutually agreed and each
adopted a resolution setting forth the nature and scope of the
work to be performed and the share of the cost or labor which
each shall bear, such county may expend county road funds
for construction, improvement, repair, or maintenance of
such street. [1963 c 4 § 36.75.205. Prior: 1959 c 83 § 1.]
36.75.207 Agreements for planning, establishment,
construction, and maintenance of city streets by counties—Use of county road fund—Payment by city—Contracts, bids. See RCW 35.77.020 through 35.77.040.
36.75.207
36.75.210 Roads crossing boundaries. Whenever a
county road is established within any county, and such
county road crosses the boundary of the county, the board of
the county within which the major portion of the road is
located may expend the county road fund of such county in
laying out, establishing, constructing, altering, repairing,
improving, and maintaining that portion of the road lying outside the county, in the manner provided by law for the expenditure of county funds for the construction, alteration, repair,
improvement, and maintenance of county roads within the
county.
The board of any county may construct, maintain, and
operate any county road which forms the boundary line
between another county within the state or another county in
any other state or which through its meandering crosses such
boundary; and acquire by purchase or condemnation any
lands or rights within this state, either within or without its
county, necessary for such boundary road; and enter into joint
contracts with authorities of adjoining counties for the construction, operation, and maintenance of such boundary
roads. The power of condemnation herein granted may be
exercised jointly by two counties in the manner provided for
bridges, or it may be exercised by a single county in the manner authorized by law. [2000 c 155 § 2; 1963 c 4 § 36.75.210.
Prior: 1937 c 187 § 23; RRS § 6450-23. FORMER PART OF
SECTION: 1943 c 82 § 3, part; 1937 c 187 § 26, part; Rem.
Supp. 1943 § 6450-26, part, now codified in RCW
36.75.160.]
36.75.210
36.75.220 Connecting road across segment of third
county. Whenever two counties are separated by an intervening portion of a third county not exceeding one mile in
width, and each of such counties has constructed or shall construct a county road to the boundary thereof, and the boards
of the two counties deem it beneficial to such counties to connect the county roads by the construction and maintenance of
a county road across the intervening portion of the third
county, it shall be lawful for the boards of the two counties to
expend jointly the county road funds of their respective counties in acquiring right-of-way for the construction, improvement, repair, and maintenance of such connecting county
road and any necessary bridges thereon, in the manner provided by law for the expenditure of county road funds for the
construction, improvement, repair, and maintenance of
county roads lying within a county. [1963 c 4 § 36.75.220.
Prior: 1937 c 187 § 24; RRS § 6450-24.]
36.75.220
(2008 Ed.)
Roads and Bridges—General Provisions
36.75.230 Acquisition of land under RCW 36.75.210
and 36.75.220. For the purpose of carrying into effect RCW
36.75.210 and 36.75.220 and under the circumstances therein
set out the boards may acquire land necessary for the right-ofway for any portion of a county road lying outside such
county or counties by gift or purchase or by condemnation in
the manner provided for the taking of property for public use
by counties. [1963 c 4 § 36.75.230. Prior: 1937 c 187 § 25,
part; RRS § 6450-25, part.]
36.75.230
36.75.240 Sidewalks and pedestrian paths or walks—
Bicycle paths, lanes, routes, and roadways—Standards.
The boards may expend funds credited to the county road
fund from any county or road district tax levied for the construction of county roads for the construction of sidewalks,
bicycle paths, lanes, routes, and roadways, and pedestrian
allocated paths or walks. Bicycle facilities constructed or
modified after June 10, 1982, shall meet or exceed the standards of the state department of transportation. [1982 c 55 §
2; 1974 ex.s. c 141 § 7; 1963 c 4 § 36.75.240. Prior: 1937 c
187 § 25, part; RRS § 6450-25, part.]
36.75.240
Pavement marking standards: RCW 47.36.280.
36.75.243 Curb ramps for persons with physical disabilities. See RCW 35.68.075, 35.68.076.
36.75.300
May 31st of each year submit such records and reports to the
secretary of transportation, on forms furnished by the department, as are necessary to enable the secretary to compile an
annual report on county highway operations. [1999 c 204 §
2; 1984 c 7 § 31; 1977 c 75 § 31; 1963 c 4 § 36.75.260. Prior:
1943 c 82 § 8; 1937 c 187 § 58; Rem. Supp. 1943 § 6450-58.]
Severability—1984 c 7: See note following RCW 47.01.141.
36.75.270 Limitation of type or weight of vehicles
authorized—Penalty. The board of county commissioners
of each county may by resolution limit or prohibit classes or
types of vehicles on any county road or bridge and may limit
the weight of vehicles which may travel thereon. Any such
resolution shall be effective for a definite period of time
which shall be stated in the resolution. If such resolution is
published at least once in a newspaper of general circulation
in the county and if signs indicating such closure or limitation
of traffic have been posted on such road or bridge, any person
violating such resolution shall be guilty of a misdemeanor.
[1963 c 4 § 36.75.270. Prior: 1949 c 156 § 8; Rem. Supp.
1949 § 6450-8g.]
36.75.270
Local restrictions or limitations of weight: RCW 46.44.080.
36.75.243
36.75.250 State may intervene if maintenance
neglected. If by any agreement with the federal government
or any agency thereof or with the state or any agency thereof,
a county has agreed to maintain certain county roads or any
portion thereof and the maintenance is not being performed
to the satisfaction of the federal government or the department, reasonably consistent with original construction, notice
thereof may be given by the department to the legislative
authority of the county, and if the county legislative authority
does not within ten days provide for the maintenance, the
department may perform the maintenance, and the state treasurer shall pay the cost thereof on vouchers submitted by the
department and deduct the cost thereof from any sums in the
motor vehicle fund credited or to be credited to the county in
which the county road is located. [1984 c 7 § 30; 1963 c 4 §
36.75.250. Prior: 1937 c 187 § 46; RRS § 6450-46.]
36.75.250
Severability—1984 c 7: See note following RCW 47.01.141.
36.75.280 Centralized repair and storage of machinery, equipment, supplies, etc. All county road machinery,
equipment, stores, and supplies, excepting stockpiles and
other road building material, shall while not in use be stored
and repaired at one centralized point in each county: PROVIDED, That if the geography, topography, distance, or other
valid economic considerations require more than one place
for storage or repairs, the county commissioners may, by
unanimous vote, authorize the same. [1963 c 4 § 36.75.280.
Prior: 1949 c 156 § 4; Rem. Supp. 1949 § 6450-8d.]
36.75.280
36.75.290 General penalty. It shall be a misdemeanor
for any person to violate any of the provisions of this title
relating to county roads and bridges unless such violation is
by this title or other law of this state declared to be a felony or
gross misdemeanor. [1963 c 4 § 36.75.290. Prior: 1943 c 82
§ 13, part; 1937 c 187 § 66, part; Rem. Supp. 1943 § 6450-66,
part.]
36.75.290
36.75.300 Primitive roads—Classification and designation. The legislative authority of each county may by resolution classify and designate portions of the county roads as
primitive roads where the designated road portion:
(1) Is not classified as part of the county primary road
system, as provided for in RCW 36.86.070;
(2) Has a gravel or earth driving surface; and
(3) Has an average annual daily traffic of one hundred or
fewer vehicles.
Any road designated as a primitive road shall be marked
with signs indicating that it is a primitive road, as provided in
the manual of uniform traffic control devices, at all places
where the primitive road portion begins or connects with a
highway other than another primitive road. No design or
signing or maintenance standards or requirements, other than
the requirement that warning signs be placed as provided in
this section, apply to primitive roads.
36.75.300
36.75.255 Street improvements—Provision of supplies or materials. Any county may assist a street abutter in
improving the street serving the abutter’s premises by providing asphalt, concrete, or other supplies or materials. The furnishing of supplies or materials or paying to the abutter the
cost thereof and the providing of inspectors and other incidental personnel shall not render the street improvements a
public work or improvement subject to competitive bidding.
The legislative authority of such county shall approve any
such assistance at a public meeting and shall maintain a public register of any such assistance setting forth the value,
nature, purpose, date and location of the assistance and the
name of the beneficiary. [1983 c 103 § 2.]
36.75.255
36.75.260 Annual report to secretary of transportation. Each county legislative authority shall on or before
36.75.260
(2008 Ed.)
[Title 36 RCW—page 243]
Chapter 36.76
Title 36 RCW: Counties
The design of a primitive road, and the location, placing,
or failing to place road signs, other than the requirement that
warning signs be placed as provided in this section, shall not
be considered in any action for damages brought against a
county, or against a county employee or county employees,
or both, arising from vehicular traffic on the primitive road.
[1985 c 369 § 2; 1980 c 45 § 1.]
Chapter 36.76
Chapter 36.76 RCW
ROADS AND BRIDGES—BONDS
Sections
36.76.080
36.76.090
36.76.100
36.76.110
36.76.120
36.76.130
36.76.140
Bonds authorized—Election.
How to be held—Issuance of bonds.
Notice of election.
Disposition of proceeds—City assistance.
Payment of principal and interest.
Act cumulative.
Toll bridge bonds authorized—Adjoining counties.
36.76.080 Bonds authorized—Election. The legislative authority of any county may, whenever a majority
thereof so decides, submit to the voters of their county the
question whether the legislative authority shall be authorized
to issue negotiable road bonds of the county in an amount
subject to the limitations on indebtedness provided for in
RCW 39.36.020(2), for the purpose of constructing a new
road or roads, or improving established roads within the
county, or for aiding in so doing, as herein prescribed.
The word "improvement" wherever used in this section
and RCW 36.76.090, 36.76.100, 36.76.110, 36.76.120, and
36.76.130 shall embrace any undertaking for any or all of
such purposes. The word "road" shall embrace all highways,
roads, streets, avenues, bridges, and other public ways.
The provisions of this section and RCW 36.76.090,
36.76.100, 36.76.110, 36.76.120, and 36.76.130 shall apply
not only to roads which are or shall be under the general control of the county, but also to all parts of state roads in such
county and to all roads which are situated or are to be constructed wholly or partly within the limits of any incorporated
city or town therein, provided the county legislative authority
finds that they form or will become a part of the public highway system of the county, and will connect the existing roads
therein. Such finding may be made by the county legislative
authority at any stage of the proceedings before the actual
delivery of the bonds.
The constructing or improving of any and all such roads,
or the aiding therein, is declared to be a county purpose.
The question of the issuance of bonds for any undertaking which relates to a number of different roads or parts
thereof, whether intended to supply the whole expenditure or
to aid therein, may be submitted to the voters as a single proposition in all cases where such course is consistent with the
provisions of the state Constitution. If the county legislative
authority, in submitting a proposition relating to different
roads or parts thereof, finds that such proposition has for its
object the furtherance and accomplishment of the construction of a system of public and county highways in such
county, and constitutes and has for its object a single purpose,
such finding shall be presumed to be correct, and upon the
issuance of the bonds the presumption shall become conclusive.
36.76.080
[Title 36 RCW—page 244]
No proposition for bonds shall be submitted which proposes that more than forty percent of the proceeds thereof
shall be expended within any city or town or within any number of cities and towns. [1983 c 167 § 90; 1971 c 76 § 2; 1970
ex.s. c 42 § 22; 1963 c 4 § 36.76.080. Prior: 1913 c 25 § 1;
RRS § 5592.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.76.090 How to be held—Issuance of bonds. The
election shall be held as provided in RCW 39.36.050. If
three-fifths of the legal ballots cast on the question of issuing
bonds for the improvement contemplated in RCW 36.76.080
are in favor of the bond issue, the county legislative authority
must issue the general obligation bonds. Such bonds shall be
issued and sold in accordance with chapter 39.46 RCW.
[1984 c 186 § 31; 1983 c 167 § 91; 1970 ex.s. c 56 § 53; 1969
ex.s. c 232 § 29; 1963 c 4 § 36.76.090. Prior: 1913 c 25 § 2;
RRS § 5593.]
36.76.090
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
36.76.100 Notice of election. The notice of this election
shall state which road or roads are to be built or improved.
The notice need not describe the road or roads with particularity, but it shall be sufficient either to describe them by termini and with a general statement as to their course, or to use
any other appropriate language sufficient to show the purpose
intended to be accomplished. The county legislative authority
may, at its option, give such other or further notice as it may
deem advisable. [1984 c 186 § 32; 1963 c 4 § 36.76.100.
Prior: 1913 c 25 § 4; RRS § 5595.]
36.76.100
Purpose—1984 c 186: See note following RCW 39.46.110.
36.76.110 Disposition of proceeds—City assistance.
When the bonds are sold, the money arising therefrom shall
be immediately paid into the treasury of the county, and shall
be drawn only for the improvement for which they were
issued, under the general direction of the board: PROVIDED, That if the improvement includes in whole or in part
the constructing or improving of one or more roads, or any
part or parts thereof, within the limits of an incorporated city
or town, and if the county commissioners find that the
amount of the proceeds of the bonds intended to be expended
for the improvements within such corporate limits will probably not be sufficient to defray the entire expense of the
improvement therein, and if they further find it to be equitable that the city or town should bear the remainder of the
expense, they may postpone any expenditure therefor from
the proceeds of the bonds until the city or town makes provision by ordinance for proceeding with the improvement
within its corporate limits at its own expense insofar as concerns the cost thereof over and above the amount of bond proceeds available therefor.
In such case it shall be lawful for the county commissioners to consent, under such general directions as they shall
impose, that the proper authorities of the city or town shall
36.76.110
(2008 Ed.)
Roads and Bridges—Construction
have actual charge of making the proposed improvement
within the corporate limits. The city or town shall acquire any
needed property or rights and do the work by contract or otherwise in accordance with its charter or ordinances, but the
same shall be subject to the approval of the county commissioners insofar as concerns any payment therefor from the
proceeds of the bonds.
In such case, as the work progresses and money is
needed to pay therefor, the county commissioners shall, from
time to time, by proper order, specifying the amount and purpose, direct the county treasurer to turn over to the city or
town treasurer such part or parts of the proceeds of the bonds
as may be justly applicable to such improvement or part
thereof within such city or town, and any money so received
by the city or town treasurer shall be inviolably applied to the
purpose specified. When that portion of the entire improvement which lies within any such city or town can readily be
separated into parts, the procedure authorized by this section
may be pursued separately as to any one or more of such parts
of the general improvement.
Nothing contained in this section shall be construed to
render the county liable for any greater part of the expense of
any improvement or part thereof within any city or town than
the proper amount of the proceeds of such bonds, or to prevent the city or town from raising any part of the cost of any
such improvement or part thereof, over and above the amount
arising from the proceeds of the bonds, by assessment upon
property benefited, or by contribution from any of its general
or special funds in accordance with the provisions of the
charter or laws governing such city or town. The provisions
of this section, other than the direction for the payment into
the county treasury of the money arising from the sale of the
bonds, need not be complied with until after the issuance of
the bonds and the validity of the bonds shall not be dependent
upon such compliance. [1963 c 4 § 36.76.110. Prior: 1913 c
25 § 5; RRS § 5596.]
36.76.120
36.76.120 Payment of principal and interest. The
county legislative authority must ascertain and levy annually
a tax sufficient to pay the interest on all such bonds whenever
it becomes due and to meet the annual maturities of principal.
The county treasurer must pay out of any money accumulated
from the taxes levied to pay the interest as aforesaid, the
interest upon all such bonds when it becomes due as provided
on the bond or, if coupons are attached to a bond, upon presentation at the place of payment of the proper coupon. Any
interest payments or coupons so paid must be reported to the
county legislative authority at its first meeting thereafter.
Whenever interest is payable at any place other than the city
in which the county treasurer keeps his office, the county
treasurer shall seasonably remit to the state fiscal agent the
amount of money required for the payment of any interest
which is about to fall due. When any such bonds or any interest is paid, the county treasurer shall suitably and indelibly
cancel them. [1984 c 186 § 33; 1983 c 167 § 92; 1963 c 4 §
36.76.120. Prior: 1913 c 25 § 3; RRS § 5594.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
(2008 Ed.)
36.77.020
36.76.130 Act cumulative. *This act shall not be construed as repealing or affecting any other act relating to the
issuance of bonds for road or other purposes, but shall be construed as conferring additional power and authority. [1963 c
4 § 36.76.130. Prior: 1913 c 25 § 7; RRS § 5598.]
36.76.130
*Reviser’s note: "This act" [1913 c 25] consists of RCW 36.76.080,
36.76.090, 36.76.100, 36.76.110, 36.76.120, and 36.76.130.
36.76.140 Toll bridge bonds authorized—Adjoining
counties. The county legislative authority may, by majority
vote, and by submission to the voters under the same procedure required in RCW 36.76.090 and 36.76.100, issue general obligation bonds for the purpose of contributing money,
or the bonds themselves, to the department to help finance the
construction of toll bridges across topographical formations
constituting boundaries between the county and an adjoining
county, or a toll bridge across topographical formation
located wholly within an adjoining county, which in the discretion of the county legislative authority, directly or indirectly benefits the county. The bonds may be transferred to
the department to be sold by it for the purposes outlined
herein. The bonds may bear interest at a rate or rates as authorized by the county legislative authority. Such indebtedness is
subject to the limitations on indebtedness provided for in
RCW 39.36.020(2). [1984 c 7 § 32; 1971 c 76 § 3; 1970 ex.s.
c 56 § 54; 1969 ex.s. c 232 § 30; 1963 c 4 § 36.76.140. Prior:
1955 c 194 § 1.]
36.76.140
Severability—1984 c 7: See note following RCW 47.01.141.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
Chapter 36.77 RCW
ROADS AND BRIDGES—CONSTRUCTION
Chapter 36.77
Sections
36.77.010
36.77.020
36.77.030
36.77.040
36.77.065
36.77.070
36.77.075
Maps, plans, and specifications.
Approval—Call for bids.
Opening of bids—Deposit.
Award of contract—Bond—Low bidder claiming error.
Day labor construction projects or programs—"County road
construction budget" defined—Amounts—Violations.
Publication of information on day labor projects—Penalty—
Prosecution.
County roads—Small works roster.
36.77.010 Maps, plans, and specifications. Whenever
it is ordered by resolution of the board that any county road
shall be laid out and established and altered, widened, or otherwise constructed or improved, the county road engineer
employed by the county shall prepare such maps, plans, and
specifications as shall be necessary and sufficient. A copy of
such maps, plans, and specifications shall be approved by the
board of county commissioners with its approval endorsed
thereon, and such copy shall be filed with the clerk of the
board. [1963 c 4 § 36.77.010. Prior: 1959 c 67 § 2; prior:
1937 c 187 § 32, part; RRS § 6450-32, part.]
36.77.010
36.77.020 Approval—Call for bids. Upon approval of
such maps, plans, and specifications and the filing thereof the
board shall, if it determines that the work shall be done by
contract, advertise a call for bids upon such construction
work by publication in the official county paper and also one
36.77.020
[Title 36 RCW—page 245]
36.77.030
Title 36 RCW: Counties
trade paper of general circulation in the county, in one issue
of each such paper at least once in each week for two consecutive weeks prior to the time set in the call for bids for the
opening of bids. All bids shall be submitted under sealed
cover before the time set for the opening of bids. [1963 c 4 §
36.77.020. Prior: 1959 c 67 § 3; prior: 1937 c 187 § 32, part;
RRS § 6450-32, part.]
36.77.030
36.77.030 Opening of bids—Deposit. At the time and
place fixed in the call for bids, such bids as have been submitted shall be publicly opened and read. No bid may be considered unless it is accompanied by a bid deposit in the form of
a surety bond, cash, cashier’s check, or certified check in an
amount equal to five percent of the amount of the bid proposed. [1985 c 369 § 3; 1963 c 4 § 36.77.030. Prior: 1959 c
67 § 4; prior: 1937 c 187 § 32, part; RRS § 6450-32, part.]
36.77.040
36.77.040 Award of contract—Bond—Low bidder
claiming error. The board shall proceed to award the contract to the lowest and best bidder but may reject any or all
bids if in its opinion good cause exists therefor. The board
shall require from the successful bidder a contractor’s bond
in the amount and with the conditions imposed by law.
Should the bidder to whom the contract is awarded fail to
enter into the contract and furnish the contractor’s bond as
required within ten days after notice of the award, exclusive
of the day of notice, the amount of the bid deposit shall be
forfeited to the county and placed in the county road fund and
the contract awarded to the next lowest and best bidder. A
low bidder who claims error and fails to enter into a contract
is prohibited from bidding on the same project if a second or
subsequent call for bids is made for the project. The bid
deposit of all unsuccessful bidders shall be returned after the
contract is awarded and the required contractor’s bond given
by the successful bidder is accepted by the board. [1996 c 18
§ 4; 1963 c 4 § 36.77.040. Prior: 1959 c 67 § 5; prior: 1937
c 187 § 32, part; RRS § 6450-32, part.]
36.77.065
36.77.065 Day labor construction projects or programs—"County road construction budget" defined—
Amounts—Violations. The board may cause any county
road to be constructed or improved by day labor as provided
in this section.
(1) As used in this section, "county road construction
budget" means the aggregate total of those costs as defined by
the budgeting, accounting, and reporting system for counties
and cities and other local governments authorized under
RCW 43.09.200 and 43.09.230 as prescribed in the state
auditor’s budget, accounting, and reporting manual’s
(BARS) road and street construction accounts: PROVIDED,
That such costs shall not include those costs assigned to the
right-of-way account, ancillary operations account, and that
portion of the engineering account that is preliminary engineering in the budget, accounting, and reporting manual.
(2) For counties with a population that equals or exceeds
fifty thousand people, the total amount of day labor construction programs one county may perform annually shall total
no more than the amounts determined in the following manner:
[Title 36 RCW—page 246]
(a) Any county with a total annual county road construction budget of four million dollars or more may accumulate a
day labor road construction budget equal to no more than
eight hundred thousand dollars or fifteen percent of the
county’s total annual county road construction budget,
whichever is greater.
(b) Any county with a total annual county road construction budget of one million five hundred thousand dollars or
more and less than four million dollars may accumulate a day
labor road construction budget equal to not more than five
hundred twenty-five thousand dollars or twenty percent of
the county’s total annual county road construction budget,
whichever is greater.
(c) Any county with a total annual county road construction budget of five hundred thousand dollars or more and less
than one million five hundred thousand dollars may accumulate a day labor road construction budget equal to two hundred fifty thousand dollars or thirty-five percent of the
county’s total annual county road construction budget,
whichever is greater.
(d) Any county with a total annual county road construction budget less than five hundred thousand dollars may
accumulate a day labor road construction budget equal to two
hundred fifty thousand dollars: PROVIDED, That any
county with a total annual road construction budget of less
than five hundred thousand dollars may, by resolution of the
board at the time the county road construction budget is
adopted, elect to construct or improve county roads by day
labor in an amount not to exceed thirty-five thousand dollars
on any one project, including labor, equipment, and materials; such election to be in lieu of the two hundred fifty thousand dollar limit provided for in this section, except that any
project means a complete project and the division of any
project into units of work or classes of work so as to permit
construction by day labor is not authorized.
(3) For counties with a population of less than fifty thousand people, the total amount of day labor construction programs one county may perform annually may total no more
than the amounts determined in the following manner:
(a) A county with a total annual county road construction
budget of four million dollars or more may accumulate a day
labor road construction budget equal to not more than eight
hundred eighty thousand dollars or twenty-five percent of the
county’s total annual county road construction budget,
whichever is greater;
(b) A county with a total annual county road construction
budget of one million five hundred thousand dollars or more
and less than four million dollars may accumulate a day labor
road construction budget equal to not more than five hundred
seventy-seven thousand dollars or thirty percent of the
county’s total annual county road construction budget,
whichever is greater;
(c) A county with a total annual county road construction
budget of five hundred thousand dollars or more and less than
one million five hundred thousand dollars may accumulate a
day labor road construction budget equal to two hundred seventy-five thousand dollars or forty-five percent of the
county’s total annual county road construction budget,
whichever is greater;
(d) A county with a total annual county road construction
budget less than five hundred thousand dollars may accumu(2008 Ed.)
Roads and Bridges—County Road Administration Board
late a day labor road construction budget equal to two hundred seventy-five thousand dollars. However, such a county
may, by resolution of the board at the time the county road
construction budget is adopted, elect instead to construct or
improve county roads by day labor in an amount not to
exceed thirty-eight thousand five hundred dollars on any one
project, including labor, equipment, and materials. That election is in lieu of the two hundred seventy-five thousand dollar
limit provided for in this section. As used in this section,
"any project" means a complete project, and a county may not
divide a project into units of work or classes of work so as to
permit construction by day labor.
(4) Any county that adopts a county road construction
budget unreasonably exceeding that county’s actual road
construction expenditures for the same budget year which has
the effect of permitting the county to exceed the day labor
amounts established in this section is in violation of the
county road administration board’s standards of good practice under RCW 36.78.020 and is in violation of this section.
Any county, whose expenditure for day labor for road construction projects unreasonably exceeds the limits specified
in this section, is in violation of the county road administration board’s standards of good practice under RCW
36.78.020 and is in violation of this section.
(5) Notwithstanding any other provision in this section,
whenever the construction work or improvement is the installation of electrical traffic control devices, highway illumination equipment, electrical equipment, wires, or equipment to
convey electrical current, in an amount exceeding ten thousand dollars for any one project including labor, equipment,
and materials, such work shall be performed by contract as in
this chapter provided. This section means a complete project
and does not permit the construction of any project by day
labor by division of the project into units of work or classes
of work. [2005 c 162 § 1; 2001 c 108 § 1; 1980 c 40 § 1.]
Effective date—1980 c 40: "This act shall take effect on January 1,
1981." [1980 c 40 § 3.]
36.78.030
RCW 36.77.020 through 36.77.040, a county may award contracts for public works projects on county roads using the
small works roster process under RCW 39.04.155. [2000 c
138 § 208; 1991 c 363 § 81.]
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Chapter 36.78 RCW
ROADS AND BRIDGES—COUNTY ROAD
ADMINISTRATION BOARD
Chapter 36.78
Sections
36.78.010
36.78.020
36.78.030
36.78.040
36.78.050
36.78.060
36.78.070
36.78.080
36.78.090
36.78.100
36.78.110
36.78.121
Definitions—"Board."
Definitions—"Standards of good practice."
Board created—Number—Appointment—Terms—Vacancies.
Composition of board—Qualifications of members.
Meetings—Rules and regulations—Election of chair.
Executive director.
Duties of board.
Members to serve without compensation—Reimbursement for
travel expenses.
Certificates of good practice—Withholding of motor vehicle
tax distribution.
Conditional certificates.
Expenses to be paid from motor vehicle fund—Disbursement
procedure.
Maintenance.
Board duties
generally: RCW 46.68.120.
motor vehicle fund, distribution of amount to counties—Factors of distribution formula for RCW 46.68.120(4) funds: RCW 46.68.122.
population, road cost, money need, computed—Allocation percentage
adjustment, when: RCW 46.68.124.
Equipment rental, ability to inquire into setting rates for: RCW 36.33A.040.
36.78.010 Definitions—"Board." "Board" shall mean
the county road administration board created by this chapter.
[1965 ex.s. c 120 § 1.]
36.78.010
36.78.020 Definitions—"Standards of good practice." "Standards of good practice" shall mean general and
uniform practices formulated and adopted by the board relating to the administration of county roads and the safe and
efficient movement of people and goods over county roads,
which shall apply to engineering, design procedures, maintenance, traffic control, safety, planning, programming, road
classification, road inventories, budgeting and accounting
procedures, management practices, equipment policies, personnel policies, and effective use of transportation-related
information technology. [1993 c 65 § 1; 1991 c 363 § 82;
1965 ex.s. c 120 § 2.]
36.78.020
36.77.070 Publication of information on day labor
projects—Penalty—Prosecution. If the board determines
that any construction should be performed by day labor, and
the estimated cost of the work exceeds twenty-five hundred
dollars, it shall cause to be published in one issue of a newspaper of general circulation in the county, a brief description
of the work to be done and the county road engineer’s estimate of the cost thereof. At the completion of such construction, the board shall cause to be published in one issue of such
a newspaper a similar brief description of the work together
with an accurate statement of the true and complete cost of
performing such construction by day labor.
Failure to make the required publication shall subject
each county commissioner to a fine of one hundred dollars
for which he shall be liable individually and upon his official
bond and the prosecuting attorney shall prosecute for violation of the provisions of this section and RCW 36.77.065.
[1983 c 3 § 81; 1963 c 4 § 36.77.070. Prior: 1949 c 156 § 9,
part; 1943 c 82 § 4, part; 1937 c 187 § 34, part; Rem. Supp.
1949 § 6450-34, part.]
36.77.070
36.77.075 County roads—Small works roster. In lieu
of the procedure for awarding contracts that is provided in
36.77.075
(2008 Ed.)
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.78.030 Board created—Number—Appointment—Terms—Vacancies. There is created hereby a
county road administration board consisting of nine members
who shall be appointed by the executive committee of the
Washington state association of counties. Prior to July 1,
1965 the executive committee of the Washington state association of counties shall appoint the first members of the
county road administration board: Three members to serve
one year; three members to serve two years; and three mem36.78.030
[Title 36 RCW—page 247]
36.78.040
Title 36 RCW: Counties
bers to serve three years from July 1, 1965. Upon expiration
of the original terms subsequent appointments shall be made
by the same appointing authority for three year terms except
in the case of a vacancy, in which event the appointment shall
be only for the remainder of the unexpired term in which the
vacancy has occurred. [1971 ex.s. c 85 § 5; 1965 ex.s. c 120
§ 3.]
36.78.040 Composition of board—Qualifications of
members. Six members of the county road administration
board shall be county legislative authority members and three
members shall be county engineers. If any member, during
the term for which he or she is appointed ceases to be either a
member of a county legislative authority or a county engineer, as the case may be, his or her membership on the county
road administration board is likewise terminated. Three
members of the board shall be from counties with a population of one hundred twenty-five thousand or more. Four
members shall be from counties with a population of from
twenty thousand to less than one hundred twenty-five thousand. Two members shall be from counties with a population
of less than twenty thousand. Not more than one member of
the board shall be from any one county. [2005 c 233 § 1;
1991 c 363 § 83; 1965 ex.s. c 120 § 4.]
36.78.040
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.78.050 Meetings—Rules and regulations—Election of chair. The board shall meet at least once quarterly
and shall from time to time adopt rules and regulations for its
own government and as may be necessary for it to discharge
its duties and exercise its powers under this chapter. The
board shall elect a chair from its own membership who shall
hold office for one year. Election as chair does not affect the
member’s right to vote on all matters before the board. [1993
c 65 § 2; 1965 ex.s. c 120 § 5.]
(4) Advise counties on issues relating to county roads
and the safe and efficient movement of people and goods
over county roads and assist counties in developing uniform
and efficient transportation-related information technology
resources;
(5) Report annually before the fifteenth day of January,
and throughout the year as appropriate, to the state department of transportation and to the chairs of the house and senate transportation committees, and to other entities as appropriate on the status of county road administration in each
county, including one copy to the staff of each of the committees. The annual report shall contain recommendations for
improving administration of the county road programs;
(6) Administer the rural arterial program established by
chapter 36.79 RCW and the program funded by the county
arterial preservation account established by RCW 46.68.090,
as well as any other programs provided for in law. [2005 c
319 § 102; 1999 c 269 § 1; 1993 c 65 § 3; 1990 c 266 § 2;
1987 c 505 § 19; 1983 1st ex.s. c 49 § 19; 1977 ex.s. c 235 §
4; 1965 ex.s. c 120 § 7.]
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
Effective date—1999 c 269: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999."
[1999 c 269 § 18.]
Severability—Effective date—1983 1st ex.s. c 49: See RCW
36.79.900 and 36.79.901.
36.78.050
36.78.060 Executive director. The county road administration board shall appoint an executive director who shall
be the chief administrative officer of the board and shall be
responsible for carrying out the policies adopted by the
board. The executive director is exempt from the provisions
of state civil service law, chapter 41.06 RCW, and shall serve
at the pleasure of the county road administration board. The
executive director’s salary shall be set by the board. [1990 c
266 § 1; 1965 ex.s. c 120 § 6.]
36.78.060
36.78.070 Duties of board. The county road administration board shall:
(1) Establish by rule, standards of good practice for the
administration of county roads and the efficient movement of
people and goods over county roads;
(2) Establish reporting requirements for counties with
respect to the standards of good practice adopted by the
board;
(3) Receive and review reports from counties and reports
from its executive director to determine compliance with legislative directives and the standards of good practice adopted
by the board;
36.78.070
[Title 36 RCW—page 248]
36.78.080 Members to serve without compensation—
Reimbursement for travel expenses. Members of the
county road administration board shall receive no compensation for their service on the board, but shall be reimbursed for
travel expenses incurred while attending meetings of the
board or while engaged on other business of the board when
authorized by the board in accordance with RCW 43.03.050
and 43.03.060 as now existing or hereafter amended. [1975’76 2nd ex.s. c 34 § 80; 1975 1st ex.s. c 1 § 1; 1969 ex.s. c 182
§ 5; 1965 ex.s. c 120 § 8.]
36.78.080
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115.
36.78.090 Certificates of good practice—Withholding of motor vehicle tax distribution. (1) Before May 1st of
each year the board shall transmit to the state treasurer certificates of good practice on behalf of the counties which during
the preceding calendar year:
(a) Have submitted to the state department of transportation or to the board all reports required by law or regulation
of the board; and
(b) Have reasonably complied with provisions of law
relating to county road administration and with the standards
of good practice as formulated and adopted by the board.
(2) The board shall not transmit to the state treasurer a
certificate of good practice on behalf of any county failing to
meet the requirements of subsection (1) of this section, but
the board shall in such case and before May 1st, notify the
county and the state treasurer of its reasons for withholding
the certificate.
(3) The state treasurer, upon receiving a notice that a certificate of good practice will not be issued on behalf of a
36.78.090
(2008 Ed.)
Roads and Bridges—Rural Arterial Program
county, or that a previously issued certificate of good practice
has been revoked, shall, effective the first day of the month
after that in which notice is received, withhold from such
county its share of motor vehicle fuel taxes distributable pursuant to RCW 46.68.120 until the board thereafter issues on
behalf of such county a certificate of good practice or a conditional certificate. After withholding or revoking a certificate of good practice with respect to any county, the board
may thereafter at any time issue such a certificate or a conditional certificate when the board is satisfied that the county
has complied or is diligently attempting to comply with the
requirements of subsection (1) of this section.
(4) The board may, upon notice and a hearing, revoke a
previously issued certificate of good practice or substitute a
conditional certificate therefor when, after issuance of a certificate of good practice, any county fails to meet the requirements of subsection (1) (a) and (b) of this section, but the
board shall in such case notify the county and the state treasurer of its reasons for the revocation or substitution.
(5) Motor vehicle fuel taxes withheld from any county
pursuant to this section shall not be distributed to any other
county, but shall be retained in the motor vehicle fund to the
credit of the county originally entitled thereto. Whenever the
state treasurer receives from the board a certificate of good
practice issued on behalf of such county he shall distribute to
such county all of the funds theretofore retained in the motor
vehicle fund to the credit of such county. [1984 c 7 § 33;
1977 ex.s. c 257 § 1; 1965 ex.s. c 120 § 9.]
Severability—1984 c 7: See note following RCW 47.01.141.
36.78.100 Conditional certificates. Whenever the
board finds that a county has failed to submit the reports
required by RCW 36.78.090, or has failed to comply with
provisions of law relating to county road administration or
has failed to meet the standards of good practice as formulated and adopted by the board, the board may in lieu of withholding or revoking a certificate of good practice issue and
transmit to the state treasurer on behalf of such county a conditional certificate which will authorize the continued distribution to such county all or a designated portion of its share
of motor vehicle fuel taxes. The issuance of such a conditional certificate shall be upon terms and conditions as shall
be deemed by the board to be appropriate. In the event a
county on whose behalf a conditional certificate is issued
fails to comply with the terms and conditions of such certificate, the board may forthwith cancel or modify such certificate notifying the state treasurer thereof. In such case the
state treasurer shall thereafter withhold from such county all
or the designated portion of its share of the motor vehicle fuel
taxes as provided in RCW 36.78.090. [1977 ex.s. c 257 § 2;
1965 ex.s. c 120 § 10.]
36.78.100
36.79.010
department of transportation and the county road administration board under the provisions of RCW 46.68.120(1), as
now or hereafter amended. [1990 c 266 § 3; 1979 c 151 § 42;
1965 ex.s. c 120 § 11.]
36.78.121 Maintenance. The county road administration board, or its successor entity, shall establish a standard of
good practice for maintenance of transportation system
assets. This standard must be implemented by all counties no
later than December 31, 2007. The board shall develop a
model maintenance management system for use by counties.
The board shall develop rules to assist the counties in the
implementation of this system. Counties shall annually submit their maintenance plans to the board. The board shall
compile the county data regarding maintenance management
and annually submit it to the office of financial management.
[2006 c 334 § 10; 2003 c 363 § 307.]
36.78.121
Effective date—2006 c 334: See note following RCW 47.01.051.
Finding—Intent—2003 c 363: See note following RCW 35.84.060.
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
Chapter 36.79
Chapter 36.79 RCW
ROADS AND BRIDGES—
RURAL ARTERIAL PROGRAM
Sections
36.79.010
36.79.020
36.79.030
36.79.040
36.79.050
36.79.060
36.79.070
36.79.080
36.79.090
36.79.100
36.79.110
36.79.120
36.79.130
36.79.140
36.79.150
36.79.160
36.79.170
36.79.900
36.79.901
Definitions.
Rural arterial trust account.
Apportionment of rural arterial trust account funds—Regions
established.
Apportionment of rural arterial trust account funds—Apportionment formula.
Apportionment of rural arterial trust account funds—Establishment of apportionment percentages.
Powers and duties of board.
Board may contract with department of transportation for staff
services and facilities.
Six-year program for rural arterial improvements—Selection
of priority improvement projects.
Six-year program for rural arterial improvements—Review
and revision by board.
Rural arterial improvements—Coordination with municipal
and state projects.
Coordination of transportation improvement board and county
road administration board.
Rural arterial trust account—Matching funds.
Recommended budget for expenditures from rural arterial trust
account.
Expenditures from rural arterial trust account—Approval by
board.
Allocation of funds to rural arterial projects—Subsequent
application for increased allocation—Withholding of funds
for noncompliance.
Payment of rural arterial trust account funds.
County may appeal decision of board—Hearing.
Severability—1983 1st ex.s. c 49.
Effective date—1983 1st ex.s. c 49.
36.79.010 Definitions. The definitions set forth in this
section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Rural arterial program" means improvement
projects on those county roads in rural areas classified as
rural arterials and collectors in accordance with the federal
functional classification system and the construction of
replacement bridges funded by the federal bridge replacement program on access roads in rural areas.
36.79.010
36.78.110 Expenses to be paid from motor vehicle
fund—Disbursement procedure. All expenses incurred by
the board including salaries of employees shall be paid upon
voucher forms provided by the office of financial management or pursuant to a regular payroll signed by the chairman
and the executive director of the board. All expenses of the
board shall be paid out of that portion of the motor vehicle
fund allocated to the counties and withheld for use by the
36.78.110
(2008 Ed.)
[Title 36 RCW—page 249]
36.79.020
Title 36 RCW: Counties
(2) "Rural area" means every area of the state outside of
areas designated as urban areas by the state transportation
commission with the approval of the secretary of the United
States department of transportation in accordance with federal law.
(3) "Board" means the county road administration board
created by RCW 36.78.030. [1997 c 81 § 1; 1988 c 26 § 1;
1983 1st ex.s. c 49 § 1.]
36.79.020 Rural arterial trust account. There is created in the motor vehicle fund the rural arterial trust account.
All moneys deposited in the motor vehicle fund to be credited
to the rural arterial trust account shall be expended for (1) the
construction and improvement of county rural arterials and
collectors, (2) the construction of replacement bridges funded
by the federal bridge replacement program on access roads in
rural areas, and (3) those expenses of the board associated
with the administration of the rural arterial program. [1997 c
81 § 2; 1988 c 26 § 2; 1983 1st ex.s. c 49 § 2.]
36.79.020
36.79.030 Apportionment of rural arterial trust
account funds—Regions established. For the purpose of
apportioning rural arterial trust account funds, the state is
divided into five regions as follows:
(1) The Puget Sound region includes those areas within
the counties of King, Pierce, and Snohomish.
(2) The northwest region includes those areas within the
counties of Clallam, Jefferson, Island, Kitsap, San Juan,
Skagit, and Whatcom.
(3) The northeast region includes those areas within the
counties of Adams, Chelan, Douglas, Ferry, Grant, Lincoln,
Okanogan, Pend Oreille, Spokane, Stevens, and Whitman.
(4) The southeast region includes those areas within the
counties of Asotin, Benton, Columbia, Franklin, Garfield,
Kittitas, Klickitat, Walla Walla, and Yakima.
(5) The southwest region includes those areas within the
counties of Clark, Cowlitz, Grays Harbor, Lewis, Mason,
Pacific, Skamania, Thurston, and Wahkiakum. [1983 1st
ex.s. c 49 § 3.]
36.79.030
36.79.040 Apportionment of rural arterial trust
account funds—Apportionment formula. Funds available
for expenditure by the board pursuant to RCW 36.79.020
shall be apportioned to the five regions for expenditure upon
county arterials in rural areas in the following manner:
(1) One-third in the ratio which the land area of the rural
areas of each region bears to the total land area of all rural
areas of the state;
(2) Two-thirds in the ratio which the mileage of county
arterials and collectors in rural areas of each region bears to
the total mileage of county arterials and collectors in all rural
areas of the state.
The board shall adjust the schedule for apportionment of
such funds to the five regions in the manner provided in this
section before the commencement of each fiscal biennium.
[1997 c 81 § 3; 1983 1st ex.s. c 49 § 4.]
36.79.040
36.79.050 Apportionment of rural arterial trust
account funds—Establishment of apportionment percentages. At the beginning of each fiscal biennium, the
board shall establish apportionment percentages for the five
regions defined in RCW 36.79.030 in the manner prescribed
in RCW 36.79.040 for that biennium. The apportionment percentages shall be used once each calendar quarter by the
board to apportion funds credited to the rural arterial trust
account that are available for expenditure for rural arterial
and collector projects and for construction of replacement
bridges funded by the federal bridge replacement program on
access roads in rural areas. The funds so apportioned shall
remain apportioned until expended on construction projects
in accordance with rules of the board. Within each region,
funds shall be allocated by the board to counties for the construction of specific rural arterial and collector projects and
construction of replacement bridges funded by the federal
bridge replacement program on access roads in rural areas in
accordance with the procedures set forth in this chapter.
[1997 c 81 § 4; 1988 c 26 § 3; 1983 1st ex.s. c 49 § 5.]
36.79.060 Powers and duties of board. The board
shall:
(1) Adopt rules necessary to implement the provisions of
this chapter relating to the allocation of funds in the rural
arterial trust account to counties;
(2) Adopt reasonably uniform design standards for
county rural arterials and collectors that meet the requirements for trucks transporting commodities. [1998 c 245 § 31;
1997 c 81 § 5; 1988 c 26 § 4; 1983 1st ex.s. c 49 § 6.]
36.79.060
36.79.070 Board may contract with department of
transportation for staff services and facilities. The board
may contract with the department of transportation to furnish
any necessary staff services and facilities required in the
administration of the rural arterial program. The cost of such
services that are attributable to the rural arterial program,
together with travel expenses in accordance with RCW
43.03.050 and 43.03.060 of the members and all other lawful
expenses of the board that are attributable to the rural arterial
program, shall be paid from the rural arterial trust account in
the motor vehicle fund. [1983 1st ex.s. c 49 § 7.]
36.79.070
36.79.080 Six-year program for rural arterial
improvements—Selection of priority improvement
projects. In preparing their respective six-year programs
relating to rural arterial improvements, counties shall select
specific priority improvement projects for each functional
class of arterial based on the rating of each arterial section
proposed to be improved in relation to other arterial sections
within the same functional class, taking into account the following:
(1) Its structural ability to carry loads imposed upon it;
(2) Its capacity to move traffic at reasonable speeds;
(3) Its adequacy of alignment and related geometrics;
(4) Its accident experience; and
(5) Its fatal accident experience.
The six-year construction programs shall remain flexible
and subject to annual revision as provided in RCW
36.81.121. [1983 1st ex.s. c 49 § 8.]
36.79.080
36.79.050
[Title 36 RCW—page 250]
36.79.090 Six-year program for rural arterial
improvements—Review and revision by board. Upon
36.79.090
(2008 Ed.)
Roads and Bridges—Rural Arterial Program
receipt of a county’s revised six-year program, the board as
soon as practicable shall review and may revise the construction program as it relates to rural arterials and the construction of replacement bridges funded by the federal bridge
replacement program on access roads in rural areas for which
rural arterial trust account moneys are requested as necessary
to conform to (1) the priority rating of the proposed project,
based upon the factors in RCW 36.79.080, in relation to proposed projects in all other rural arterial construction programs submitted by the counties and within each region; and
(2) the amount of rural arterial trust account funds that the
board estimates will be apportioned to the region. [1988 c 26
§ 5; 1983 1st ex.s. c 49 § 10.]
36.79.100
36.79.100 Rural arterial improvements—Coordination with municipal and state projects. Whenever a rural
arterial enters a city or town, the proper city or town and
county officials shall jointly plan the improvement of the
arterial in their respective long-range plans. Whenever a rural
arterial connects with and will be substantially affected by a
programmed construction project on a state highway, the
proper county officials shall jointly plan the development of
such arterial with the department of transportation district
administrator. The board shall adopt rules encouraging the
system development of county-city arterials in rural areas and
rural arterials with state highways. [1983 1st ex.s. c 49 § 9.]
36.79.110
36.79.110 Coordination of transportation improvement board and county road administration board. The
county road administration board and the transportation
improvement board shall jointly adopt rules to assure coordination of their respective programs especially with respect to
projects proposed by the group of incorporated cities outside
the boundaries of federally approved urban areas, and to
encourage the system development of county-city arterials in
rural areas. [1988 c 167 § 7; 1983 1st ex.s. c 49 § 11.]
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
36.79.120
36.79.120 Rural arterial trust account—Matching
funds. Counties receiving funds from the rural arterial trust
account for construction of arterials and the construction of
replacement bridges funded by the federal bridge replacement program on access roads in rural areas shall provide
such matching funds as established by rules recommended by
the board, subject to review, revision, and final approval by
the office of financial management. Matching requirements
shall be established after appropriate studies by the board,
taking into account financial resources available to counties
to meet arterial needs. [2006 c 334 § 11; 1988 c 26 § 6; 1983
1st ex.s. c 49 § 12.]
Effective date—2006 c 334: See note following RCW 47.01.051.
36.79.130
36.79.130 Recommended budget for expenditures
from rural arterial trust account. Not later than November
1st of each even-numbered year the board shall prepare and
present to the office of financial management a recommended budget for expenditures from the rural arterial trust
account during the ensuing biennium. The budget shall con(2008 Ed.)
36.79.140
tain an estimate of the revenues to be credited to the rural
arterial trust account.
The office of financial management shall review the
budget as recommended, revise the budget as it deems
proper, and include the budget as revised as a separate section
of the transportation budget which it shall submit to the governor pursuant to chapter 43.88 RCW. [2006 c 334 § 12;
1983 1st ex.s. c 49 § 13.]
Effective date—2006 c 334: See note following RCW 47.01.051.
36.79.140
36.79.140 Expenditures from rural arterial trust
account—Approval by board. At the time the board
reviews the six-year program of each county each even-numbered year, it shall consider and shall approve for inclusion in
its recommended budget, as required by RCW 36.79.130, the
portion of the rural arterial construction program scheduled
to be performed during the biennial period beginning the following July 1st. Subject to the appropriations actually
approved by the legislature, the board shall as soon as feasible approve rural arterial trust account funds to be spent during the ensuing biennium for preliminary proposals in priority sequence as established pursuant to RCW 36.79.090. Only
those counties that during the preceding twelve months have
spent all revenues collected for road purposes only for such
purposes, including removal of barriers to fish passage and
accompanying streambed and stream bank repair as specified
in RCW 36.82.070, and including traffic law enforcement, as
are allowed to the state by Article II, section 40 of the state
Constitution are eligible to receive funds from the rural arterial trust account, except that: (1) Counties with a population
of less than eight thousand are exempt from this eligibility
restriction; (2) counties expending revenues collected for
road purposes only on other governmental services after
authorization from the voters of that county under RCW
84.55.050 are also exempt from this eligibility restriction;
and (3) this restriction shall not apply to any moneys diverted
from the road district levy under chapter 39.89 RCW. The
board shall authorize rural arterial trust account funds for the
construction project portion of a project previously authorized for a preliminary proposal in the sequence in which the
preliminary proposal has been completed and the construction project is to be placed under contract. At such time the
board may reserve rural arterial trust account funds for
expenditure in future years as may be necessary for completion of preliminary proposals and construction projects to be
commenced in the ensuing biennium.
The board may, within the constraints of available rural
arterial trust funds, consider additional projects for authorization upon a clear and conclusive showing by the submitting
county that the proposed project is of an emergent nature and
that its need was unable to be anticipated at the time the sixyear program of the county was developed. The proposed
projects shall be evaluated on the basis of the priority rating
factors specified in RCW 36.79.080. [2001 c 221 § 2; 2001 c
212 § 26; 1997 c 81 § 6; 1991 c 363 § 84; 1990 c 42 § 104;
1984 c 113 § 1; 1983 1st ex.s. c 49 § 14.]
Reviser’s note: This section was amended by 2001 c 212 § 26 and by
2001 c 221 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
[Title 36 RCW—page 251]
36.79.150
Title 36 RCW: Counties
Purpose—Intent—2001 c 221: "The legislature recognizes that
projects that remove impediments to fish passage can greatly increase access
to spawning and rearing habitat for depressed, threatened, and endangered
fish stocks. Although counties are authorized to use county road funds to
replace culverts and other barriers to fish passage, and may conduct streambed and stream bank restoration and stabilization work in conjunction
with removal of these fish barriers, counties are reluctant to spend county
road funds beyond the county right-of-way because it is unclear whether the
use of road funds for this purpose is authorized. The purpose of this act is to
clarify that streambed and stream bank restoration and stabilization activities
conducted in conjunction with removal of existing barriers to fish passage
within county rights-of-way constitute a county road purpose even if this
work extends beyond the county right-of-way. The legislature intends this
act to be permissive legislation. Nothing in this act is intended to create or
impose a legal duty upon counties for salmon recovery work beyond the
county right-of-way." [2001 c 221 § 1.]
Severability—2001 c 212: See RCW 39.89.902.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
36.79.150 Allocation of funds to rural arterial
projects—Subsequent application for increased allocation—Withholding of funds for noncompliance. (1)
Whenever the board approves a rural arterial project it shall
determine the amount of rural arterial trust account funds to
be allocated for such project. The allocation shall be based
upon information contained in the six-year plan submitted by
the county seeking approval of the project and upon such further investigation as the board deems necessary. The board
shall adopt reasonable rules pursuant to which rural arterial
trust account funds allocated to a project may be increased
upon a subsequent application of the county constructing the
project. The rules adopted by the board shall take into
account, but shall not be limited to, the following factors: (a)
The financial effect of increasing the original allocation for
the project upon other rural arterial projects either approved
or requested; (b) whether the project for which an additional
allocation is requested can be reduced in scope while retaining a usable segment; (c) whether the original cost of the
project shown in the applicant’s six-year program was based
upon reasonable engineering estimates; and (d) whether the
requested additional allocation is to pay for an expansion in
the scope of work originally approved.
(2) The board shall not allocate funds, nor make payments under RCW 36.79.160, to any county or city identified
by the governor under RCW 36.70A.340. [1991 sp.s. c 32 §
31; 1983 1st ex.s. c 49 § 15.]
36.79.150
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.
36.79.160 Payment of rural arterial trust account
funds. (1) Upon completion of a preliminary proposal, the
county submitting the proposal shall submit to the board its
voucher for payment of the trust account share of the cost.
Upon the completion of an approved rural arterial construction project, the county constructing the project shall submit
to the board its voucher for the payment of the trust account
share of the cost. The chairman of the board or his designated
agent shall approve such voucher when proper to do so, for
payment from the rural arterial trust account to the county
submitting the voucher.
(2) The board may adopt rules providing for the approval
of payments of funds in the rural arterial trust account to a
36.79.160
[Title 36 RCW—page 252]
county for costs of preliminary proposal, and costs of construction of an approved project from time to time as work
progresses. These payments shall at no time exceed the rural
arterial trust account share of the costs of construction
incurred to the date of the voucher covering the payment.
[1983 1st ex.s. c 49 § 17.]
36.79.170 County may appeal decision of board—
Hearing. The legislative body of any county feeling
aggrieved by any action or decision of the board with respect
to this chapter may appeal to the secretary of transportation
by filing a notice of appeal within ninety days after the action
or decision of the board. The notice shall specify the action or
decision of which complaint is made. The secretary shall fix
a time for a hearing on the appeal at the earliest convenient
time and shall notify the county auditor and the chairman of
the board by certified mail at least twenty days before the
date of the hearing. At the hearing the secretary shall receive
evidence from the county filing the appeal and from the
board. After the hearing the secretary shall make such order
as in the secretary’s judgment is just and proper. [1983 1st
ex.s. c 49 § 18.]
36.79.170
36.79.900 Severability—1983 1st ex.s. c 49. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1983 1st ex.s. c 49 § 32.]
36.79.900
36.79.901 Effective date—1983 1st ex.s. c 49. This act
is necessary for the immediate preservation of the public
peace, health, and safety, the support of the state government
and its existing public institutions, and shall take effect on
July 1, 1983. [1983 1st ex.s. c 49 § 33.]
36.79.901
Chapter 36.80
Chapter 36.80 RCW
ROADS AND BRIDGES—ENGINEER
Sections
36.80.010
36.80.015
36.80.020
36.80.030
36.80.040
36.80.050
36.80.060
36.80.070
36.80.080
Employment of road engineer.
Office at county seat.
Qualifications—Bond.
Duties of engineer.
Records to be kept.
Highway plat book.
Engineer to maintain records of expenditures for equipment,
etc.—Inventory.
Plans and specifications to be prepared.
Cost-audit examination by state auditor—Expense.
County engineer defined for diking, drainage, or sewerage improvement district purposes: RCW 85.08.010.
Diking or drainage improvement district, engineer as supervisor: RCW
85.20.050.
Duties relating to
agreements on planning, establishing, constructing, etc., of city streets:
RCW 35.77.020, 35.77.030.
diking, drainage and sewerage improvement districts: Chapters 85.08,
85.16 RCW.
flood control zone districts: Chapter 86.15 RCW.
36.80.010 Employment of road engineer. The county
legislative authority of each county shall employ a county
road engineer on either a full-time or part-time basis, or may
contract with another county for the engineering services of a
36.80.010
(2008 Ed.)
Roads and Bridges—Establishment
county road engineer from such other county. [2002 c 9 § 1;
1997 c 147 § 1; 1991 c 363 § 85; 1984 c 11 § 1; 1980 c 93 §
1; 1969 ex.s. c 182 § 6; 1963 c 4 § 36.80.010. Prior: 1943 c
73 § 1, part; 1937 c 187 § 4, part; Rem. Supp. 1943 § 6450-4,
part.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.80.015
36.80.015 Office at county seat. The county road engineer shall keep his office at the county seat in such room or
rooms as are provided by the county, and he shall be furnished with all necessary cases and other suitable articles,
and also with all blank books and blanks necessary to the
proper discharge of his official duties. The records and books
in the county road engineer’s office shall be public records,
and shall at all proper times be open to the inspection and
examination of the public. [1963 c 4 § 36.80.015. Prior:
1955 c 9 § 1; prior: 1895 c 77 § 10; RRS § 4148.]
Chapter 36.81
36.80.050 Highway plat book. He shall keep a highway plat book in his office in which he shall have accurately
platted all public roads and highways established by the
board. [1963 c 4 § 36.80.050. Prior: 1907 c 160 § 2; RRS §
4149.]
36.80.050
36.80.060 Engineer to maintain records of expenditures for equipment, etc.—Inventory. The county road
engineer shall maintain in his office complete and accurate
records of all expenditures for (1) administration, (2) bond
and warrant retirement, (3) maintenance, (4) construction, (5)
purchase and operation of road equipment, and (6) purchase
or manufacture of materials and supplies, and shall maintain
a true and complete inventory of all road equipment. The
state auditor, with the advice and assistance of the county
road administration board, shall prescribe forms and types of
records to be maintained by the county road engineers. [1969
ex.s. c 182 § 10; 1963 c 4 § 36.80.060. Prior: 1949 c 156 § 2;
Rem. Supp. 1949 § 6450-8b.]
36.80.060
36.80.020
36.80.020 Qualifications—Bond. He shall be a registered and licensed professional civil engineer under the laws
of this state, duly qualified and experienced in highway and
road engineering and construction. He shall serve at the pleasure of the board.
Before entering upon his employment, every county road
engineer shall give an official bond to the county in such
amount as the board shall determine, conditioned upon the
fact that he will faithfully perform all the duties of his
employment and account for all property of the county
entrusted to his care. [1969 ex.s. c 182 § 7; 1963 c 4 §
36.80.020. Prior: 1943 c 73 § 1, part; 1937 c 187 § 4, part;
Rem. Supp. 1943 § 6450-4, part.]
36.80.030
36.80.030 Duties of engineer. The county road engineer shall examine and certify to the board all estimates and
all bills for labor, materials, provisions, and supplies with
respect to county roads, prepare standards of construction of
roads and bridges, and perform such other duties as may be
required by order of the board.
He shall have supervision, under the direction of the
board, of establishing, laying out, constructing, altering,
improving, repairing, [and] maintaining all county roads of
the county. [1969 ex.s. c 182 § 8; 1963 c 4 § 36.80.030.
Prior: 1943 c 73 § 1, part; 1937 c 187 § 4, part; Rem. Supp.
1943 § 6450-4, part.]
36.80.040
36.80.040 Records to be kept. The office of county
engineer shall be an office of record; the county road engineer shall record and file in his or her office, all matters concerning the public roads, highways, bridges, ditches, or other
surveys of the county, with the original papers, documents,
petitions, surveys, repairs, and other papers, in order to have
the complete history of any such road, highway, bridge,
ditch, or other survey; and shall number each construction or
improvement project. The county engineer is not required to
retain and file financial documents retained and filed in other
departments in the county. [1995 c 194 § 8; 1969 ex.s. c 182
§ 9; 1963 c 4 § 36.80.040. Prior: 1907 c 160 § 4; RRS §
4147.]
(2008 Ed.)
36.80.070 Plans and specifications to be prepared.
All road construction work, except minor construction work,
which by its nature does not require plans and specifications,
whether performed pursuant to contract or by day labor, shall
be in accordance with plans and specifications prepared
therefor by or under direct supervision of the county road
engineer. [1969 ex.s. c 182 § 11; 1963 c 4 § 36.80.070. Prior:
1949 c 156 § 3; Rem. Supp. 1949 § 6450-8c.]
36.80.070
36.80.080 Cost-audit examination by state auditor—
Expense. The state auditor shall annually make a cost-audit
examination of the books and records of the county road
engineer and make a written report thereon to the county legislative authority. The expense of the examination shall be
paid from the county road fund. [1995 c 301 § 69; 1985 c 120
§ 3; 1984 c 7 § 34; 1963 c 4 § 36.80.080. Prior: 1957 c 146 §
1.]
36.80.080
Effective date—1985 c 120 § 3: "Section 3 of this act shall take effect
July 1, 1987." [1985 c 120 § 4.]
Severability—1984 c 7: See note following RCW 47.01.141.
Chapter 36.81 RCW
ROADS AND BRIDGES—ESTABLISHMENT
Chapter 36.81
Sections
36.81.010
36.81.020
36.81.030
36.81.040
36.81.050
36.81.060
36.81.070
36.81.080
36.81.090
36.81.100
36.81.110
36.81.121
36.81.122
36.81.130
36.81.140
Resolution of intention and necessity.
Freeholders’ petition—Bond.
Deeds and waivers.
Action on petition.
Engineer’s report.
Survey map, field notes and profiles.
Notice of hearing on report.
Hearing—Road established by resolution.
Expense of proceedings.
County road on or over dikes.
County road on or over dikes—Condemnation for dike roads.
Perpetual advanced six-year plans for coordinated transportation program, expenditures—Nonmotorized transportation—Railroad right-of-way.
Provisions for bicycle paths, lanes, routes, roadways and
improvements to be included in annual revision or extension
of comprehensive road programs—Exception.
Procedure specified for establishment, construction, and maintenance.
Columbia Basin project road systems—Establishment by plat.
[Title 36 RCW—page 253]
36.81.010
Title 36 RCW: Counties
Alternate date for budget hearing: RCW 36.40.071.
Bicycles; pavement marking standards: RCW 47.36.280.
State highways in urban areas, allocation of funds, planning, bond issue,
etc.: Chapter 47.26 RCW.
Urban arterials, planning, construction by cities and towns, transportation
improvement board, funds, bond issue, etc.: Chapter 47.26 RCW.
36.81.010 Resolution of intention and necessity. The
board may by original resolution entered upon its minutes
declare its intention to establish any county road in the county
and declare that it is a public necessity and direct the county
road engineer to report upon such project. [1963 c 4 §
36.81.010. Prior: 1937 c 187 § 19; RRS § 6450-19.]
36.81.010
deem of importance to be considered by the board. [1963 c 4
§ 36.81.050. Prior: 1937 c 187 § 21, part; RRS § 6450-21,
part.]
36.81.060 Survey map, field notes and profiles. The
county road engineer shall file with his report a correctly prepared map of the road as surveyed, which map must show the
tracts of land over which the road passes, with the names, if
known, of the several owners thereof, and he shall file therewith his field notes and profiles of such survey. [1963 c 4 §
36.81.060. Prior: 1937 c 187 § 21, part; RRS § 6450-21,
part.]
36.81.060
36.81.070 Notice of hearing on report. The board
shall fix a time and place for hearing the report of the engineer and cause notice thereof to be published once a week for
two successive weeks in the county official newspaper and to
be posted for at least twenty days at each termini of the proposed road.
The notice shall set forth the termini of the road as set out
in the resolution of the board, or the freeholders’ petition, as
the case may be, and shall state that all persons interested
may appear and be heard at such hearing upon the report and
recommendation of the engineer either to proceed or not to
proceed with establishing the road. [1963 c 4 § 36.81.070.
Prior: 1937 c 187 § 22, part; RRS § 6450-22, part.]
36.81.070
36.81.020 Freeholders’ petition—Bond. Ten or more
freeholders of any county may petition the board for the
establishment of a county road in the vicinity of their residence, setting forth and describing the general course and terminal points of the proposed improvement and stating that
the same is a public necessity. The petition must be accompanied by a bond in the penal sum of three hundred dollars, payable to the county, executed by one or more persons as principal or principals, with two or more sufficient sureties, conditioned that the petitioners will pay into the county road fund
of the county all costs and expenses incurred by the county in
examining and surveying the proposed road and in the proceedings thereon in case the road is not established by reason
of its being impracticable or there not being funds therefor.
[1963 c 4 § 36.81.020. Prior: 1937 c 187 § 20, part; RRS §
6450-20, part.]
36.81.020
36.81.030 Deeds and waivers. The board may require
the petitioners to secure deeds and waivers of damages for the
right-of-way from the landowners, and, in such case, before
an examination or survey by the county road engineer is
ordered, such deeds and waivers shall be filed with the board.
[1963 c 4 § 36.81.030. Prior: 1937 c 187 § 20, part; RRS §
6450-20, part.]
36.81.030
36.81.080 Hearing—Road established by resolution.
On the day fixed for the hearing or any day to which the hearing has been adjourned, upon proof to its satisfaction made
by affidavit of due publication and posting of the notice of
hearing, the board shall consider the report and any and all
evidence relative thereto, and if the board finds that the proposed county road is a public necessity and practicable it may
establish it by proper resolution. [1963 c 4 § 36.81.080.
Prior: 1937 c 187 § 22, part; RRS § 6450-22, part.]
36.81.080
36.81.090 Expense of proceedings. The cost and
expense of the road, together with cost of proceedings
thereon and of right-of-way and any quarries or other land
acquired therefor, and the maintenance of the road shall be
paid out of the county road fund. When the costs are assessed
against the principals on the bond given in connection with a
petition for the improvement, the county auditor shall file a
cost bill with the county treasurer who shall proceed to collect it. [1963 c 4 § 36.81.090. Prior: (i) 1937 c 187 § 22, part;
RRS § 6450-22, part. (ii) 1937 c 187 § 20, part; RRS § 645020, part.]
36.81.090
36.81.040 Action on petition. Upon the filing of the
petition and bond and being satisfied that the petition has
been signed by freeholders residing in the vicinity of the proposed road, the board shall direct the county road engineer to
report upon the project. [1963 c 4 § 36.81.040. Prior: 1937 c
187 § 20, part; RRS § 6450-20, part.]
36.81.040
36.81.050 Engineer’s report. Whenever directed by
the board to report upon the establishment of a county road
the engineer shall make an examination of the road and if
necessary a survey thereof. After examination, if the engineer
deems the road to be impracticable, he shall so report to the
board without making any survey, or he may examine or
examine and survey any other practicable route which would
serve such purpose. Whenever he considers any road as proposed or modified as practicable, he shall report thereon in
writing to the board giving his opinion: (1) As to the necessity of the road; (2) as to the proper terminal points, general
course and length thereof; (3) as to the proper width of rightof-way therefor; (4) as to the estimated cost of construction,
including all necessary bridges, culverts, clearing, grubbing,
drainage, and grading; (5) and such other facts as he may
36.81.050
[Title 36 RCW—page 254]
36.81.100 County road on or over dikes. The board of
any county may establish county roads over, across or along
any dike maintained by any diking, or diking and drainage,
district in the manner provided by law for establishing county
roads over or across private property, and shall determine and
offer the amount of damages, if any, to the district and to the
owners of the land upon which the dike is constructed and
maintained: PROVIDED, That every such county road must
be so constructed, maintained, and used as not to impair the
use of the dike. [1963 c 4 § 36.81.100. Prior: 1937 c 187 §
15; RRS § 6450-15.]
36.81.100
(2008 Ed.)
Roads and Bridges—Establishment
36.81.110 County road on or over dikes—Condemnation for dike roads. If any offer of damages to any diking,
or diking and drainage, district is not accepted in the manner
provided by law, it shall be deemed rejected, and the board by
order, shall direct condemnation proceedings to procure the
right-of-way to be instituted in the superior court of the
county by the prosecuting attorney in the manner provided by
law for the taking of private property for public use, and to
that end the board may institute and maintain in the name of
the county such proceedings against the diking, or diking and
drainage, district and the owners of any land on which the
dike is located and that have failed to accept the offer of damages made by the board: PROVIDED, That no taxes or
assessments shall be charged or collected by any diking, or
diking and drainage, district for any county road as provided
in this section. [1963 c 4 § 36.81.110. Prior: 1937 c 187 § 16;
RRS § 6450-16.]
36.81.110
36.81.121 Perpetual advanced six-year plans for
coordinated transportation program, expenditures—
Nonmotorized transportation—Railroad right-of-way.
(1) At any time before adoption of the budget, the legislative
authority of each county, after one or more public hearings
thereon, shall prepare and adopt a comprehensive transportation program for the ensuing six calendar years. If the county
has adopted a comprehensive plan pursuant to chapter 35.63
or 36.70 RCW, the inherent authority of a charter county
derived from its charter, or chapter 36.70A RCW, the program shall be consistent with this comprehensive plan.
The program shall include proposed road and bridge
construction work and other transportation facilities and programs deemed appropriate, and for those counties operating
ferries shall also include a separate section showing proposed
capital expenditures for ferries, docks, and related facilities.
The program shall include any new or enhanced bicycle or
p e d e s t r i a n f a c i l i t i es i d e n t i f i e d p u r s u a n t t o R C W
36.70A.070(6) or other applicable changes that promote nonmotorized transit. Copies of the program shall be filed with
the county road administration board and with the state secretary of transportation not more than thirty days after its adoption by the legislative authority. The purpose of this section
is to assure that each county shall perpetually have available
advanced plans looking to the future for not less than six
years as a guide in carrying out a coordinated transportation
program. The program may at any time be revised by a
majority of the legislative authority but only after a public
hearing thereon.
(2) Each six-year transportation program forwarded to
the secretary in compliance with subsection (1) of this section
shall contain information as to how a county will expend its
moneys, including funds made available pursuant to chapter
47.30 RCW, for nonmotorized transportation purposes.
(3) Each six-year transportation program forwarded to
the secretary in compliance with subsection (1) of this section
shall contain information as to how a county shall act to preserve railroad right-of-way in the event the railroad ceases to
operate in the county’s jurisdiction.
(4) The six-year plan for each county shall specifically
set forth those projects and programs of regional significance
for inclusion in the transportation improvement program
within that region. [2005 c 360 § 3; 1997 c 188 § 1. Prior:
36.81.121
(2008 Ed.)
36.81.130
1994 c 179 § 2; 1994 c 158 § 8; 1990 1st ex.s. c 17 § 58; 1988
c 167 § 8; 1983 1st ex.s. c 49 § 20; prior: 1975 1st ex.s. c 215
§ 2; 1975 1st ex.s. c 21 § 3; 1967 ex.s. c 83 § 26; 1963 c 4 §
36.81.121; prior: 1961 c 195 § 1.]
Findings—Intent—2005 c 360: See note following RCW 36.70A.070.
Captions not law—Severability—Effective date—1994 c 158: See
RCW 47.80.902 through 47.80.904.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Severability—Effective date—1983 1st ex.s. c 49: See RCW
36.79.900 and 36.79.901.
Severability—Effective dates—1967 ex.s. c 83: See RCW 47.26.900
and 47.26.910.
Highways, roads, streets in urban areas, urban arterials, development:
Chapter 47.26 RCW.
Long range arterial construction planning, counties and cities to prepare
data: RCW 47.26.170.
36.81.122 Provisions for bicycle paths, lanes, routes,
roadways and improvements to be included in annual
revision or extension of comprehensive road programs—
Exception. The annual revision and extension of comprehensive road programs pursuant to RCW 36.81.121 shall
include consideration of and, wherever reasonably practicable, provisions for bicycle paths, lanes, routes, and roadways:
PROVIDED, That no provision need be made for such a path,
lane, route, or roadway where the cost of establishing it
would be excessively disproportionate to the need or probable use. [1974 ex.s. c 141 § 9.]
36.81.122
36.81.130 Procedure specified for establishment,
construction, and maintenance. The laying out, construction, and maintenance of all county roads shall hereafter be in
accordance with the following procedure:
On or before the first Monday in October of each year
each county road engineer shall file with the county legislative authority a recommended plan for the laying out, construction, and maintenance of county roads for the ensuing
fiscal year. Such recommended plan need not be limited to
but shall include the following items: Recommended
projects, including capital expenditures for ferries, docks,
and related facilities, and their priority; the estimated cost of
all work, including labor and materials for each project recommended; a statement as to whether such work is to be done
by the county forces or by publicly advertised contract; a list
of all recommended purchases of road equipment, together
with the estimated costs thereof. Amounts to be expended for
maintenance shall be recommended, but details of these proposed expenditures shall not be made. The recommended
plan shall conform as nearly as practicable to the county’s
long range road program.
After filing of the road engineer’s recommended plan,
the county legislative authority shall consider the same.
Revisions and changes may be made until a plan which is
agreeable to a majority of the members of the county legislative authority has been adopted: PROVIDED, That such
revisions shall conform as nearly as practicable to the
county’s long range road program. Any appropriations con36.81.130
[Title 36 RCW—page 255]
36.81.140
Title 36 RCW: Counties
tained in the county road budget shall be void unless the
county’s road plan was adopted prior to such appropriation.
The final road plan for the fiscal year shall not thereafter
be changed except by unanimous vote of the county legislative authority. [2005 c 162 § 2; 1991 c 363 § 86; 1975 1st
ex.s. c 21 § 4; 1963 c 4 § 36.81.130. Prior: 1949 c 156 § 7;
Rem. Supp. 1949 § 6450-8f.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.81.140 Columbia Basin project road systems—
Establishment by plat. When plats or blocks of farm units
have been or are filed under the provisions of chapter 89.12
RCW which contain a system of county roads, or when a supplemental plat of a system of county roads to serve such a plat
is filed in connection therewith, the filing period and formal
approval by the board of county commissioners shall constitute establishment as county roads: PROVIDED, That the
board of county commissioners have obtained the individual
rights-of-way by deed or as otherwise provided by law.
[1963 c 4 § 36.81.140. Prior: 1953 c 199 § 1.]
36.81.140
Chapter 36.82 RCW
ROADS AND BRIDGES—FUNDS—BUDGET
Chapter 36.82
Sections
36.82.010
36.82.020
36.82.040
36.82.050
36.82.060
36.82.070
36.82.075
36.82.080
36.82.090
36.82.100
36.82.110
36.82.120
36.82.140
36.82.145
36.82.160
36.82.170
36.82.180
36.82.190
36.82.200
36.82.210
"County road fund" created.
County road fund—Limitation upon expenditures.
General tax levy for road fund—Exceptions.
Receipts from motor vehicle fund to road fund.
Federal reimbursement to road fund.
Purpose for which road fund can be used.
Use of county road funds in cooperative agreement with conservation district.
Purpose for which road fund can be used—Payment of bond or
warrant interest and principal.
Anticipation warrants against road fund.
Purchases of road material extraction equipment—Sale of surplus materials.
Voluntary contributions for improvements to county roads—
Standards.
Purchases of road material extraction equipment—Proceeds to
road fund.
Forest roads may be maintained from road fund.
Bicycle paths, lanes, routes, etc., may be constructed, maintained or improved from county road fund—Standards.
County road budget—Road budget to be prepared—Estimates
of expenditures.
County road budget—Budget as adopted filed with department
of transportation.
County road budget—Preliminary supplemental budget.
County road budget—Notice of hearing on supplemental budget.
County road budget—Hearing, adoption, supplemental budget.
Disposition of fines and forfeitures for violations.
Bicycles; pavement marking standards: RCW 47.36.280.
Employee safety award program, funds affected: RCW 36.32.460.
36.82.010 "County road fund" created. There is created in each county of the state a county fund to be known as
the "county road fund." Any funds which accrue to any
county for use upon county roads, shall be credited to and
deposited in the county road fund. [1969 ex.s. c 182 § 12;
1963 c 4 § 36.82.010. Prior: 1943 c 82 § 2, part; 1937 c 187
§ 6, part; Rem. Supp. 1943 § 6450-6, part.]
36.82.010
[Title 36 RCW—page 256]
36.82.020 County road fund—Limitation upon
expenditures. Any funds accruing to and to be deposited in
the county road fund arising from any levy in any road district shall be expended for proper county road purposes.
[1991 c 363 § 87; 1963 c 4 § 36.82.020. Prior: 1943 c 82 § 2,
part; 1937 c 187 § 6, part; Rem. Supp. 1943 § 6450-6, part.]
36.82.020
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.82.040 General tax levy for road fund—Exceptions. For the purpose of raising revenue for establishing,
laying out, constructing, altering, repairing, improving, and
maintaining county roads, bridges, and wharves necessary for
vehicle ferriage and for other proper county purposes, the
board shall annually at the time of making the levy for general purposes make a uniform tax levy throughout the county,
or any road district thereof, of not to exceed two dollars and
twenty-five cents per thousand dollars of assessed value of
the last assessed valuation of the taxable property in the
county, or road district thereof, unless other law of the state
requires a lower maximum levy, in which event such lower
maximum levy shall control. All funds accruing from such
levy shall be credited to and deposited in the county road
fund except that revenue diverted under RCW 36.33.220
shall be placed in a separate and identifiable account within
the county current expense fund and except that revenue
diverted under chapter 39.89 RCW shall be expended as provided under chapter 39.89 RCW. [2001 c 212 § 27; 1973 1st
ex.s. c 195 § 41; 1971 ex.s. c 25 § 2; 1963 c 4 § 36.82.040.
Prior: 1937 c 187 § 7; RRS § 6450-7.]
36.82.040
Severability—2001 c 212: See RCW 39.89.902.
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
Severability—1971 ex.s. c 25: See note following RCW 36.33.220.
36.82.050 Receipts from motor vehicle fund to road
fund. Any funds accruing to the credit of any county from
the motor vehicle fund shall be paid monthly to the county
treasurer and deposited in the county road fund. [1963 c 4 §
36.82.050. Prior: 1937 c 187 § 8, part; RRS § 6450-8, part.]
36.82.050
36.82.060 Federal reimbursement to road fund. Any
funds accruing to any county by way of reimbursement by the
federal government for expenditures made from the county
road fund of such county for any proper county road purpose
shall be credited to and deposited in the county road fund.
[1963 c 4 § 36.82.060. Prior: 1937 c 187 § 8, part; RRS §
6450-8, part.]
36.82.060
36.82.070 Purpose for which road fund can be used.
Any money paid to any county road fund may be used for the
construction, alteration, repair, improvement, or maintenance
of county roads and bridges thereon and for wharves necessary for ferriage of motor vehicle traffic, and for ferries, and
for the acquiring, operating, and maintaining of machinery,
equipment, quarries, or pits for the extraction of materials,
and for the cost of establishing county roads, acquiring
rights-of-way therefor, and expenses for the operation of the
county engineering office, and for any of the following programs when directly related to county road purposes: (1)
Insurance; (2) self-insurance programs; and (3) risk manage36.82.070
(2008 Ed.)
Roads and Bridges—Funds—Budget
ment programs; and for any other proper county road purpose. Such expenditure may be made either independently or
in conjunction with the state or any city, town, or tax district
within the county. County road purposes also include the
removal of barriers to fish passage related to county roads,
and include but are not limited to the following activities
associated with the removal of these barriers: Engineering
and technical services; stream bank stabilization; streambed
restoration; the placement of weirs, rock, or woody debris;
planting; and channel modification. County road funds may
be used beyond the county right-of-way for activities clearly
associated with removal of fish passage barriers that are the
responsibility of the county. Activities related to the removal
of barriers to fish passage performed beyond the county
right-of-way must not exceed twenty-five percent of the total
cost of activities related to fish barrier removal on any one
project, and the total annual cost of activities related to the
removal of barriers to fish passage performed beyond the
county rights-of-way must not exceed one-half of one percent
of a county’s annual road construction budget. The use of
county road funds beyond the county right-of-way for activities associated with the removal of fish barriers is permissive,
and wholly within the discretion of the county legislative
authority. The use of county road funds beyond the county
right-of-way for such activities does not create or impose a
legal duty upon a county for salmon recovery work beyond
the county right-of-way. [2001 c 221 § 3; 1997 c 189 § 1;
1963 c 4 § 36.82.070. Prior: 1943 c 82 § 5, part; 1937 c 187
§ 53, part; Rem. Supp. 1943 § 6450-53, part.]
Removal of fish barriers—2001 2nd sp.s. c 14: "Notwithstanding the
limitations of RCW 36.82.070 and 2001 c 221 s 3, county road funds may be
used during this biennium beyond the county right-of-way for activities
clearly associated with removal of fish passage barriers that are the responsibility of the county in the amount deemed appropriate by the county." [2001
2nd sp.s. c 14 § 609.]
Purpose—Intent—2001 c 221: See note following RCW 36.79.140.
36.82.075
36.82.075 Use of county road funds in cooperative
agreement with conservation district. Whenever a county
legislative authority enters into a cooperative agreement with
a conservation district as provided in chapter 89.08 RCW, the
agreement may specify that the county will participate in the
cost of any project which can be anticipated to result in a substantial reduction of the amount of soil deposited in a specifically described roadside ditch normally maintained by the
county. The amount of participation by the county through
the county road fund shall not exceed fifty percent of the
project cost and shall be limited to those engineering and construction costs incurred during the initial construction or
reconstruction of the project. [1985 c 369 § 9.]
36.82.080
36.82.080 Purpose for which road fund can be
used—Payment of bond or warrant interest and principal. The payment of interest or principal on general obligation county road bonds, or retirement of registered warrants
both as to principal and interest when such warrants have
been issued for a proper county road purpose, are declared to
be a proper county road purpose. [1979 ex.s. c 30 § 4; 1963
c 4 § 36.82.080. Prior: 1943 c 82 § 5, part; 1937 c 187 § 53,
part; Rem. Supp. 1943 § 6450-53, part.]
(2008 Ed.)
36.82.120
36.82.090
36.82.090 Anticipation warrants against road fund.
The board may expend funds from the county road fund or
register warrants against the county road fund in anticipation
of funds to be paid to the county from the motor vehicle fund.
[1963 c 4 § 36.82.090. Prior: 1943 c 82 § 6; 1937 c 187 § 54;
Rem. Supp. 1943 § 6450-54.]
36.82.100
36.82.100 Purchases of road material extraction
equipment—Sale of surplus materials. The boards of the
several counties may purchase and operate, out of the county
road fund, rock crushing, gravel, or other road building material extraction equipment.
Any crushed rock, gravel, or other road building material
extracted and not directly used or needed by the county in the
construction, alteration, repair, improvement, or maintenance
of its roads may be sold at actual cost of production by the
board to the state or any other county, city, town, or other
political subdivision to be used in the construction, alteration,
repair, improvement, or maintenance of any state, county,
city, town or other proper highway, road or street purpose:
PROVIDED, That in counties of less than twelve thousand
five hundred population as determined by the 1950 federal
census, the boards of commissioners, during such times as
the crushing, loading or mixing equipment is actually in operation, or from stockpiles, may sell at actual cost of production
such surplus crushed rock, gravel, or other road building
material to any other person for private use where the place of
contemplated use of such crushed rock, gravel or other road
building material is more than fifteen miles distant from the
nearest private source of such materials within the county,
distance being computed by the closest traveled route: AND
PROVIDED FURTHER, That the purchaser presents, at or
before the time of delivery to him, a treasurer’s receipt for
payment for such surplus crushed rock, gravel, or any other
road building material. [1963 c 4 § 36.82.100. Prior: 1953 c
172 § 1; 1937 c 187 § 44, part; RRS § 6450-44, part.]
36.82.110
36.82.110 Voluntary contributions for improvements
to county roads—Standards. Upon voluntary contribution
and payment by any person for the actual cost thereof, such
person or legislative authority upon the approval of maps,
plans, specifications and guaranty bonds as may be required,
may place crushed rock gravel or other road building material
or make improvements upon any county road. Such work
shall be done in accordance with adopted county standards
under the supervision of and direction of the county engineer.
[1982 c 145 § 7; 1963 c 4 § 36.82.110. Prior: 1937 c 187 §
44, part; RRS § 6450-44, part.]
36.82.120
36.82.120 Purchases of road material extraction
equipment—Proceeds to road fund. All proceeds from the
sale or placing of any crushed rock, gravel or other road
building material shall be deposited in the county road fund
to be expended under the same provisions as are by law
imposed upon the funds used to produce the crushed rock,
gravel, or other road building material extracted and sold.
[1963 c 4 § 36.82.120. Prior: 1937 c 187 § 44, part; RRS §
6450-44, part.]
[Title 36 RCW—page 257]
36.82.140
Title 36 RCW: Counties
36.82.140 Forest roads may be maintained from road
fund. The board may maintain any forest roads within its
county and expend for the maintenance thereof funds accruing to the county road fund. [1963 c 4 § 36.82.140. Prior:
1937 c 187 § 45; RRS § 6450-45.]
ing the excess funds for the remainder of the current fiscal
year. [1984 c 7 § 37; 1963 c 4 § 36.82.180. Prior: 1949 c 156
§ 6, part; 1943 c 82 § 7, part; 1937 c 187 § 56, part; Rem.
Supp. 1949 § 6450-56, part.]
36.82.145 Bicycle paths, lanes, routes, etc., may be
constructed, maintained or improved from county road
fund—Standards. Any funds deposited in the county road
fund may be used for the construction, maintenance, or
improvement of bicycle paths, lanes, routes, and roadways,
and for improvements to make existing streets and roads
more suitable and safe for bicycle traffic. Bicycle facilities
constructed or modified after June 10, 1982, shall meet or
exceed the standards of the state department of transportation. [1982 c 55 § 3; 1974 ex.s. c 141 § 8.]
36.82.190 County road budget—Notice of hearing on
supplemental budget. The county legislative authority shall
then publish a notice setting day of hearing for the adoption
of the final supplemental budget covering the excess funds,
designating the time and place of hearing and that anyone
may appear thereat and be heard for or against any part of the
preliminary supplemental budget. The notice shall be published once a week for two consecutive weeks immediately
following the adoption of the preliminary supplemental budget in the official newspaper of the county. The county legislative authority shall provide a sufficient number of copies of
the preliminary supplemental budget to meet reasonable public demands and they shall be available not later than two
weeks immediately preceding the hearing. [1985 c 469 § 50;
1963 c 4 § 36.82.190. Prior: 1949 c 156 § 6, part; 1943 c 82
§ 7, part; 1937 c 187 § 56, part; Rem. Supp. 1949 § 6450-56,
part.]
36.82.140
36.82.145
36.82.160 County road budget—Road budget to be
prepared—Estimates of expenditures. Each county legislative authority, with the assistance of the county road engineer, shall prepare and file with the county auditor on or
before the second Monday in August in each year, detailed
and itemized estimates of all expenditures required in the
county for the ensuing fiscal year. In the preparation and
adoption of the county road budget the legislative authority
shall determine and budget sums to become available for the
following county road purposes: (1) Administration; (2)
bond and warrant retirement; (3) maintenance; (4) construction; (5) operation of equipment rental and revolving fund;
and (6) such other items relating to the county road budget as
may be required by the county road administration board; and
the respective amounts as adopted for these several items in
the final budget for the ensuing calendar year shall not be
altered or exceeded except as by law provided. [1991 c 363
§ 88; 1969 ex.s. c 182 § 14; 1963 c 4 § 36.82.160. Prior: 1949
c 156 § 6, part; 1943 c 82 § 7, part; 1937 c 187 § 56, part;
Rem. Supp. 1949 § 6450-56, part.]
36.82.160
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.82.170 County road budget—Budget as adopted
filed with department of transportation. Upon the final
adoption of the county road budgets of the several counties,
the county legislative authorities shall file a copy thereof in
the office of the department of transportation. [1984 c 7 § 36;
1963 c 4 § 36.82.170. Prior: 1949 c 156 § 6, part; 1943 c 82
§ 7, part; 1937 c 187 § 56, part; Rem. Supp. 1949 § 6450-56,
part.]
36.82.170
Severability—1984 c 7: See note following RCW 47.01.141.
36.82.180 County road budget—Preliminary supplemental budget. If any funds are paid to any county from the
motor vehicle fund in excess of the amount estimated by the
department of transportation and the excess funds have not
been included by the county legislative authority in the then
current county road budget or if funds become available from
other sources upon a matching basis or otherwise and it is
impracticable to adhere to the provisions of the county road
budget, the legislative authority may by unanimous consent,
consider and adopt a preliminary supplemental budget cover36.82.180
[Title 36 RCW—page 258]
Severability—1984 c 7: See note following RCW 47.01.141.
36.82.190
36.82.200 County road budget—Hearing, adoption,
supplemental budget. The board shall hold such hearing at
the time and place designated in the notice, and it may be
continued from day to day until concluded but not to exceed
a total of five days. Upon the conclusion of the hearing the
board shall fix and determine the supplemental budget and by
resolution adopt it as finally determined and enter it in detail
in the official minutes of the board, a copy of which supplemental budget shall be forwarded to the director. [1995 c 301
§ 70; 1963 c 4 § 36.82.200. Prior: 1949 c 156 § 6, part; 1943
c 82 § 7, part; 1937 c 187 § 56, part; Rem. Supp. 1949 § 645056, part.]
36.82.200
36.82.210 Disposition of fines and forfeitures for violations. All fines and forfeitures collected for violation of
any of the provisions of chapters 36.75, and 36.77 to 36.87
RCW, inclusive, when the violation thereof occurred outside
of any incorporated city or town shall be distributed and paid
into the proper funds for the following purposes: One-half
shall be paid into the county road fund of the county in which
the violation occurred; one-fourth into the state fund for the
support of state parks and parkways; and one-fourth into the
highway safety fund: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court
because of the violation of a state law shall be remitted as
provided in chapter 3.62 RCW as now exists or is later
amended.
All fines and forfeitures collected for the violation of any
of such provisions when the violation thereof occurred inside
any incorporated city or town shall be distributed and paid
into the proper funds for the following purposes: One-half
shall be paid into the city street fund of such incorporated city
or town for the construction and maintenance of city streets;
one-fourth into the state fund for the support of state parks
and parkways; and one-fourth into the highway safety fund:
PROVIDED, That all fees, fines, forfeitures and penalties
36.82.210
(2008 Ed.)
Roads and Bridges—Service Districts
collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter
3.62 RCW as now exists or is later amended. [1987 c 202 §
211; 1969 ex.s. c 199 § 21; 1963 c 4 § 36.82.210. Prior: 1949
c 75 § 2; 1937 c 187 § 67; Rem. Supp. 1949 § 6450-67.]
Intent—1987 c 202: See note following RCW 2.04.190.
Chapter 36.83 RCW
ROADS AND BRIDGES—SERVICE DISTRICTS
Chapter 36.83
Sections
36.83.010
36.83.020
36.83.030
36.83.040
36.83.050
36.83.060
36.83.070
36.83.080
36.83.090
36.83.100
36.83.110
36.83.120
36.83.130
36.83.140
36.83.900
Service districts authorized—Bridge and road improvements—Powers—Governing body.
Establishment—Notice, hearing—Termination of proceedings—Modification of boundaries—Dissolution.
Excess ad valorem property taxes authorized.
General obligation bonds, excess property tax levies authorized—Limitations.
Local improvement districts authorized—Assessments—Special assessment bonds and revenue bonds—Limitations.
Bonds—Form.
Bonds—Use of proceeds.
Gifts, grants, and donations.
Eminent domain.
Commissioners—Appointment—Terms—Vacancies—Compensation—Powers.
Election to retain commissioners—Referendum petition.
Removal of commissioner.
Improvements—Ownership.
Local service district fund.
Liberal construction.
Transportation benefit districts: Chapter 36.73 RCW.
36.83.010 Service districts authorized—Bridge and
road improvements—Powers—Governing body. The legislative authority of a county may establish one or more service districts within the county for the purpose of providing
and funding capital and maintenance costs for any bridge or
road improvement or for providing and funding capital costs
for any state highway improvement a county or a road district
has the authority to provide. A service district may not
include any area within the corporate limits of a city or town
unless the city or town governing body adopts a resolution
approving inclusion of the area within its limits. A service
district is a quasi municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of
the state Constitution, and a "taxing district" within the meaning of Article VII, section 2 of the state Constitution.
A service district shall constitute a body corporate and
shall possess all the usual powers of a corporation for public
purposes as well as all other powers that may now or hereafter be specifically conferred by statute, including, but not
limited to, the authority to hire employees, staff, and services,
to enter into contracts, to acquire, hold, and dispose of real
and personal property, and to sue and be sued. All projects
constructed by a service district pursuant to the provisions of
this chapter shall be competitively bid and contracted.
A board of three commissioners appointed by the county
legislative authority or county executive pursuant to this
chapter shall be the governing body of a service district. The
county treasurer shall act as the ex officio treasurer of the service district. The electors of a service district are all registered voters residing within the district. [1996 c 292 § 1;
1985 c 400 § 2; 1983 c 130 § 1.]
36.83.010
County may fund improvements to state highways: RCW 36.75.035.
(2008 Ed.)
36.83.040
36.83.020 Establishment—Notice, hearing—Termination of proceedings—Modification of boundaries—Dissolution. (1) A county legislative authority proposing to
establish a service district shall conduct a hearing at the time
and place specified in a notice published at least once, not
less than ten days prior to the hearing, in a newspaper of general circulation within the proposed service district. This
notice shall be in addition to any other notice required by law
to be published. The notice shall specify the functions or
activities proposed to be provided or funded by the service
district. Additional notice of the hearing may be given by
mail, posting within the proposed service district, or in any
manner the county legislative authority deems necessary to
notify affected persons. All hearings shall be public and the
county legislative authority shall hear objections from any
person affected by the formation, modification of the boundaries, or dissolution of the service district.
(2) Following the hearing held pursuant to subsection (1)
of this section, the county legislative authority may establish
a service district if the county legislative authority finds the
action to be in the public interest and adopts an ordinance or
resolution providing for the establishment of the service district. The legislation establishing a service district shall specify the functions or activities to be exercised or funded and
establish the boundaries of the service district. Functions or
activities proposed to be provided or funded by the service
district may not be expanded beyond those specified in the
notice of hearing, except as provided in subsection (4) of this
section.
(3) At any time prior to the county legislative authority
establishing a service district pursuant to this section, all further proceedings shall be terminated upon the filing of a verified declaration of termination signed by a majority of the
registered voters of the proposed service district.
(4) With the approval of the county legislative authority,
the governing body of a service district may modify the
boundaries of, expand or otherwise modify the functions of,
or dissolve the service district after providing notice and conducting a public hearing or hearings in the manner provided
in subsection (1) of this section. The governing body must
make a determination that the proposed action is in the public
interest and adopt a resolution providing for the action.
[1996 c 292 § 2; 1983 c 130 § 2.]
36.83.020
36.83.030 Excess ad valorem property taxes authorized. (1) A service district may levy an ad valorem property
tax, in excess of the one percent limitation, upon the property
within the district for a one-year period whenever authorized
by the voters of the district pursuant to RCW 84.52.052 and
Article VII, section 2(a) of the state Constitution.
(2) A service district may provide for the retirement of
voter approved general obligation bonds, issued for capital
purposes only, by levying bond retirement ad valorem property tax levies, in excess of the one percent limitation, whenever authorized by the voters of the district pursuant to Article VII, section 2(b) of the state Constitution and RCW
84.52.056. [1983 c 130 § 3.]
36.83.030
36.83.040 General obligation bonds, excess property
tax levies authorized—Limitations. (1) To carry out the
purpose of this chapter, a service district may issue general
36.83.040
[Title 36 RCW—page 259]
36.83.050
Title 36 RCW: Counties
obligation bonds, not to exceed an amount, together with any
other outstanding nonvoter approved general obligation
indebtedness, equal to three-eighths of one percent of the
value of taxable property within the district, as the term
"value of taxable property" is defined in RCW 39.36.015. A
service district may additionally issue general obligation
bonds for capital purposes only, together with any outstanding general obligation indebtedness, not to exceed an amount
equal to one and one-fourth percent of the value of the taxable property within the district, as the term "value of taxable
property" is defined in RCW 39.36.015, when authorized by
the voters of the service district pursuant to Article VIII, section 6 of the state Constitution, and to provide for the retirement thereof by excess property tax levies as provided in
RCW 36.83.030(2). The service district may submit a single
proposition to the voters which, if approved, authorizes both
the issuance of the bonds and the bond retirement property
tax levies.
(2) General obligation bonds with a maturity in excess of
forty years shall not be issued. The governing body of the service district shall by resolution determine for each general
obligation bond issue the amount, date, terms, conditions,
denominations, maximum fixed or variable interest rate or
rates, maturity or maturities, redemption rights, registration
privileges, manner of execution, manner of sale, callable provisions, if any, covenants, and form, including registration as
to principal and interest, registration as to principal only, or
bearer. Registration may include, but not be limited to: (a) A
book entry system of recording the ownership of a bond
whether or not physical bonds are issued; or (b) recording the
ownership of a bond together with the requirement that the
transfer of ownership may only be effected by the surrender
of the old bond and either the reissuance of the old bond or
the issuance of a new bond to the new owner. Facsimile signatures may be used on the bonds and any coupons. Refunding general obligation bonds may be issued in the same manner as general obligation bonds are issued.
(3) Whenever general obligation bonds are issued to
fund specific projects or enterprises that generate revenues,
charges, user fees, or special assessments, the service district
which issues the bonds may specifically pledge all or a portion of the revenues, charges, user fees, or special assessments to refund the general obligation bonds. [1983 c 130 §
4.]
36.83.050 Local improvement districts authorized—
Assessments—Special assessment bonds and revenue
bonds—Limitations. (1) A service district may form a local
improvement district or utility local improvement district to
provide any local improvement it has the authority to provide, impose special assessments on all property specially
benefited by the local improvements, and issue special
assessment bonds or revenue bonds to fund the costs of the
local improvement. Improvement districts shall be created
and assessments shall be made and collected pursuant to
chapters 35.43, 35.44, 35.49, 35.50, 35.53, and 35.54 RCW.
(2) The governing body of a service district shall by resolution establish for each special assessment bond issue the
amount, date, terms, conditions, denominations, maximum
fixed or variable interest rate or rates, maturity or maturities,
redemption rights, registration privileges, if any, covenants,
36.83.050
[Title 36 RCW—page 260]
and form, including registration as to principal and interest,
registration as to principal only, or bearer. Registration may
include, but not be limited to: (a) A book entry system of
recording the ownership of a bond whether or not physical
bonds are issued; or (b) recording the ownership of a bond
together with the requirement that the transfer of ownership
may only be effected by the surrender of the old bond and
either the reissuance of the old bond or the issuance of a new
bond to the new owner. Facsimile signatures may be used on
the bonds and any coupons. The maximum term of any special assessment bonds shall not exceed thirty years beyond
the date of issue. Special assessment bonds issued pursuant to
this section shall not be an indebtedness of the service district
issuing the bonds, and the interest and principal on the bonds
shall only be payable from special assessments made for the
improvement for which the bonds were issued and any local
improvement guaranty fund that the service district has created. The owner or bearer of a special assessment bond or any
interest coupon issued pursuant to this section shall not have
any claim against the service district arising from the bond or
coupon except for the payment from special assessments
made for the improvement for which the bonds were issued
and any local improvement guaranty fund the service district
has created. The service district issuing the special assessment bonds is not liable to the owner or bearer of any special
assessment bond or any interest coupon issued pursuant to
this section for any loss occurring in the lawful operation of
its local improvement guaranty fund. The substance of the
limitations included in this subsection shall be plainly
printed, written, or engraved on each special assessment bond
issued pursuant to this section.
(3) The governing body may establish and pay moneys
into a local improvement guaranty fund to guarantee special
assessment bonds issued by the service district.
(4) The governing body of a service district shall provide
for the payment of both the special assessments which are
imposed and a portion of the utility income from the utility
improvement into a special fund established for the payment
of the revenue bonds to defray the cost of the utility local
improvement district whenever it desires to create a utility
local improvement district and issue revenue bonds to fund
the local improvement. [1983 c 130 § 5.]
36.83.060 Bonds—Form. Where physical bonds are
issued pursuant to RCW 36.83.040 or 36.83.050, the bonds
shall be printed, engraved, or lithographed on good bond
paper and the manual or facsimile signatures of both the treasurer and chairperson of the governing body shall be included
on each bond. [1983 c 130 § 6.]
36.83.060
36.83.070 Bonds—Use of proceeds. (1) The proceeds
of any bond issued pursuant to RCW 36.83.040 or 36.83.050
may be used to pay costs incurred on such bond issue related
to the sale and issuance of the bonds. Such costs include payments for fiscal and legal expenses, obtaining bond ratings,
printing, engraving, advertising, and other similar activities.
(2) In addition, proceeds of bonds used to fund capital
projects may be used to pay the necessary and related engineering, architectural, planning, and inspection costs. [1983
c 130 § 7.]
36.83.070
(2008 Ed.)
Roads and Bridges—Service Districts
36.83.080 Gifts, grants, and donations. A service district may accept and expend or use gifts, grants, and donations. [1983 c 130 § 8.]
36.83.080
36.83.090 Eminent domain. A service district may
exercise the power of eminent domain to obtain property for
its authorized purposes in the manner counties exercise the
powers of eminent domain. [1983 c 130 § 9.]
36.83.090
36.83.100 Commissioners—Appointment—Terms—
Vacancies—Compensation—Powers. If the county legislative authority establishes a road and bridge service district,
it shall promptly appoint three persons who are residents of
the territory included in that service district to serve as the
commissioners of the service district. For counties having an
elected executive, the executive shall appoint those commissioners subject to confirmation by the legislative authority of
the county. The commissioners first appointed shall be designated to serve for terms of one, two, and three years, respectively, from the date of their appointment. Thereafter, service
district commissioners shall be appointed for a term of office
of five years. Vacancies must be filled for any unexpired term
in the same manner as the original appointment. No member
of the legislative authority of the county in which a service
district is created may be a commissioner of that service district, except that, if the boundaries of the service district are
included within or coterminous with the boundaries of a
county commissioner or council district, the county commissioner or councilmember elected from that commissioner or
council district may be appointed to serve as a commissioner
of the service district. A commissioner shall hold office until
his or her successor has been appointed and qualified, unless
sooner removed from office for cause in accordance with this
chapter or removed by referendum in accordance with RCW
36.83.110. A certificate of the appointment or reappointment
of any commissioner must be filed with the county auditor,
and such certificate is conclusive evidence of the due and
proper appointment of the commissioner. The commissioners
of the service district shall receive no compensation for their
services, in any capacity, but are entitled to reimbursement
for reasonable and necessary expenses, including travel
expenses, incurred in the discharge of their duties.
The powers of each service district are vested in the
commissioners of the service district. Two commissioners
constitute a quorum of the service district for the purpose of
conducting its business and exercising its powers and for all
other purposes. The commissioners of the service district
shall organize itself and select its chair, vice-chair, and secretary, who shall serve one-year terms but may be selected for
additional terms. When the office of any officer becomes
vacant, the commissioners of the service district shall select a
new officer from among the commissioners for the balance of
the term of office. [1996 c 292 § 3.]
36.83.100
36.83.110 Election to retain commissioners—Referendum petition. Any registered voter residing within the
boundaries of the road and bridge service district may file a
referendum petition to call an election to retain any or all
commissioners. Any referendum petition to call such election
shall be filed with the county auditor no later than one year
before the end of a commissioner’s term. Within ten days of
36.83.110
(2008 Ed.)
36.83.140
the filing of a petition, the county auditor shall confer with
the petitioner concerning form and style of the petition, issue
an identification number for the petition, and write a ballot
title for the measure. The ballot title shall be posed as a question: "Shall (name of commissioner) be retained as a road
and bridge service district commissioner?" and the question
shall be posed separately for each commissioner. The petitioner shall be notified of the identification number and ballot
title within this ten-day period.
After this notification, the petitioner shall have thirty
days in which to secure on petition forms the signatures of
not less than twenty-five percent of the registered voters
residing within the boundaries of the service district and file
the signed petitions with the county auditor. Each petition
form shall contain the ballot title. The county auditor shall
verify the sufficiency of the signatures on the petitions. If sufficient valid signatures are properly submitted, the county
auditor shall submit the referendum measure to the registered
voters residing in the service district in a special election no
later than one hundred twenty days after the signed petition
has been filed with the county auditor. The special election
may be conducted by mail ballot as provided for in *chapter
29.36 RCW.
The office of any commissioner for whom there is not a
majority vote to retain shall be declared vacant. [1996 c 292
§ 4.]
*Reviser’s note: Chapter 29.36 RCW was recodified as chapter
29A.40 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.
36.83.120
36.83.120 Removal of commissioner. For neglect of
duty or misconduct in office, a commissioner of a service district may be removed by the county legislative authority after
conducting a hearing. The commissioner must be given a
copy of the charges at least ten days prior to the hearing and
must have an opportunity to be heard in person or by counsel.
If a commissioner is removed, a record of the proceedings,
together with the charges and findings, must be filed in the
office of the county auditor. [1996 c 292 § 5.]
36.83.130
36.83.130 Improvements—Ownership. Any road or
bridge improvements financed in whole by funds of a service
district, including but not limited to proceeds of bonds issued
by a service district, shall be owned by that service district.
Improvements financed jointly by a service district and the
county or city within which the improvements are located
may be owned jointly by the service district and that county
or city pursuant to an interlocal agreement. [1996 c 292 § 6.]
36.83.140
36.83.140 Local service district fund. If a service district is formed, there shall be created in the office of the
county treasurer, as ex officio treasurer of the service district,
a local service district fund with such accounts as the treasurer may find convenient or as the state auditor or the governing body of the service district may direct, into which
shall be deposited all revenues received by or on behalf of the
service district from tax levies, gifts, donations and any other
source. The fund shall be designated "(name of county)
(road/bridge) service district No. . . . fund." [1996 c 292 §
7.]
[Title 36 RCW—page 261]
36.83.900
Title 36 RCW: Counties
36.83.900 Liberal construction. The rule of strict construction does not apply to this chapter, and this chapter shall
be liberally construed to permit the accomplishment of its
purposes. [1983 c 130 § 10.]
36.83.900
Chapter 36.85 RCW
ROADS AND BRIDGES—RIGHTS-OF-WAY
Chapter 36.85
Sections
36.85.010
36.85.020
36.85.030
36.85.040
States, as provided in RCW 36.85.030, is hereby approved,
ratified and confirmed and all such public highways shall be
deemed duly laid out county roads and boards of county commissioners may at any time by recorded resolution cause any
of such county roads to be opened and improved for public
travel. [1963 c 4 § 36.85.040. Prior: 1937 c 187 § 18; RRS §
6450-18.]
Chapter 36.86
Acquisition—Condemnation.
Aviation site not exempt from condemnation.
Acceptance of federal grants over public lands.
Acceptance of federal grants over public lands—Prior acceptances ratified.
36.85.010 Acquisition—Condemnation. Whenever it
is necessary to secure any lands for a right-of-way for any
county road or for the drainage thereof or to afford unobstructed view toward any intersection or point of possible
danger to public travel upon any county road or for any borrow pit, gravel pit, quarry, or other land for the extraction of
material for county road purposes, or right-of-way for access
thereto, the board may acquire such lands on behalf of the
county by gift, purchase, or condemnation. When the board
so directs, the prosecuting attorney of the county shall institute proceedings in condemnation to acquire such land for a
county road in the manner provided by law for the condemnation of land for public use by counties. All cost of acquiring
land for right-of-way or for other purposes by purchase or
condemnation shall be paid out of the county road fund of the
county and chargeable against the project for which acquired.
[1963 c 4 § 36.85.010. Prior: 1937 c 187 § 9; RRS § 6450-9.]
36.85.010
36.85.020 Aviation site not exempt from condemnation. Whenever any county has established a public highway, which, in whole or in part, abuts upon and adjoins any
aviation site in such county, no property shall be exempt from
condemnation for such highway by reason of the same having been or being dedicated, appropriated, or otherwise
reduced or held to public use. [1963 c 4 § 36.85.020. Prior:
1925 ex.s. c 41 § 1; RRS § 905-2.]
36.85.020
36.85.030 Acceptance of federal grants over public
lands. The boards in their respective counties may accept the
grant of rights-of-way for the construction of public highways over public lands of the United States, not reserved for
public uses, contained in section 2477 of the Revised Statutes
of the United States. Such rights-of-way shall henceforward
not be less than sixty feet in width unless a lesser width is
specified by the United States. Acceptance shall be by resolution of the board spread upon the records of its proceedings:
PROVIDED, That nothing herein contained shall be construed to invalidate the acceptance of such grant by general
public use and enjoyment, heretofore or hereafter had. [1963
c 4 § 36.85.030. Prior: 1937 c 187 § 17; RRS § 6450-17.]
36.85.030
36.85.040 Acceptance of federal grants over public
lands—Prior acceptances ratified. Prior action of boards
purporting to accept the grant of rights-of-way under section
2477 of the Revised Statutes of the United States for the construction of public highways over public lands of the United
36.85.040
[Title 36 RCW—page 262]
Chapter 36.86 RCW
ROADS AND BRIDGES—STANDARDS
Sections
36.86.010
36.86.020
36.86.030
36.86.040
36.86.050
36.86.060
36.86.070
36.86.080
36.86.090
36.86.100
Standard width of right-of-way prescribed.
Minimum standards of construction.
Amendment of standards—Filing.
Uniform standard for signs, signals, guideposts—Railroad
grade crossings.
Monuments at government survey corners.
Restrictions on use of oil at intersections or entrances to
county roads.
Classification of roads in accordance with designations under
federal functional classification system.
Application of design standards to construction and reconstruction.
Logs dumped on right-of-way—Removal—Confiscation.
Railroad grade crossings—Obstructions.
36.86.010 Standard width of right-of-way prescribed. From and after April 1, 1937, the width of thirty feet
on each side of the center line of county roads, exclusive of
such additional width as may be required for cuts and fills, is
the necessary and proper right-of-way width for county
roads, unless the board of county commissioners, shall, in
any instance, adopt and designate a different width. This shall
not be construed to require the acquisition of increased rightof-way for any county road already established and the rightof-way for which has been secured. [1963 c 4 § 36.86.010.
Prior: 1937 c 187 § 14; RRS § 6450-14.]
36.86.010
36.86.020 Minimum standards of construction. In
the case of roads, the minimum width between shoulders
shall be fourteen feet with eight feet of surfacing, and in the
case of bridges, which includes all decked structures, the
minimum standard shall be for H-10 loading in accordance
with the standards of the state department of transportation.
When the standards have been prepared by the county road
engineer, they shall be submitted to the county legislative
authority for approval, and when approved shall be used for
all road and bridge construction and improvement in the
county. [1984 c 7 § 38; 1963 c 4 § 36.86.020. Prior: 1943 c
73 § 1, part; 1937 c 187 § 4, part; Rem. Supp. 1943 § 6450-4,
part.]
36.86.020
Severability—1984 c 7: See note following RCW 47.01.141.
36.86.030 Amendment of standards—Filing. Road
and bridge standards may be amended from time to time by
resolution of the county legislative authority, but no standard
may be approved by the legislative authority with any minimum requirement less than that specified in this chapter. Two
copies of the approved standards shall be filed with the
department of transportation for its use in examinations of
county road work. [1984 c 7 § 39; 1963 c 4 § 36.86.030.
Prior: 1943 c 73 § 1, part; 1937 c 187 § 4, part; Rem. Supp.
1943 § 6450-4, part.]
36.86.030
(2008 Ed.)
Roads and Bridges—Standards
Severability—1984 c 7: See note following RCW 47.01.141.
36.86.040 Uniform standard for signs, signals, guideposts—Railroad grade crossings. The county legislative
authority shall erect and maintain upon the county roads such
suitable and proper signs, signals, signboards, and guideposts
and appropriate stop, caution, warning, restrictive, and directional signs and markings as it deems necessary or as may be
required by law. All such markings shall be in accordance
with the uniform state standard of color, design, erection, and
location adopted and designed by the Washington state
department of transportation. In respect to existing and future
railroad grade crossings over county roads the legislative
authority shall install and maintain standard, nonmechanical
railroad approach warning signs on both sides of the railroad
upon the approaches of the county road. All such signs shall
be located a sufficient distance from the crossing to give adequate warning to persons traveling on county roads. [1984 c
7 § 40; 1963 c 4 § 36.86.040. Prior: 1955 c 310 § 1; 1937 c
187 § 37; RRS § 6450-37.]
36.86.100
system. [1982 c 145 § 2; 1963 c 4 § 36.86.070. Prior: 1949
c 165 § 1; Rem. Supp. 1949 § 6450-8h.]
36.86.040
Severability—1984 c 7: See note following RCW 47.01.141.
36.86.050 Monuments at government survey corners. The board and the road engineer, at the time of establishing, constructing, improving, or paving any county road,
shall fix permanent monuments at the original positions of all
United States government monuments at township corners,
section corners, quarter section corners, meander corners,
and witness markers, as originally established by the United
States government survey, whenever any such original monuments or markers fall within the right-of-way of any county
road, and shall aid in the reestablishment of any such corners,
monuments, or markers destroyed or obliterated by the construction of any county road heretofore established, by permitting inspection of the records in the office of the board and
the county engineering office. [1963 c 4 § 36.86.050. Prior:
1937 c 187 § 36; RRS § 6450-36.]
36.86.050
36.86.060 Restrictions on use of oil at intersections or
entrances to county roads. No oil or other material shall be
used in the treatment of any county road or private road or
driveway, of such consistency, viscosity or nature or in such
quantities and in such proximity to the entrance to or intersection with any state highway or county road, the roadway of
which is surfaced with cement concrete or asphaltic concrete,
that such oil or other material is or will be tracked by vehicles
thereby causing a coating or discoloration of such cement
concrete or asphaltic concrete roadway. Any person violating
the provisions of this section shall be guilty of a misdemeanor. [1963 c 4 § 36.86.060. Prior: 1937 c 187 § 43; RRS
§ 6450-43.]
36.86.060
36.86.070 Classification of roads in accordance with
designations under federal functional classification system. From time to time the legislative authority of each
county shall classify and designate as the county primary
road system such county roads as are designated rural minor
collector, rural major collector, rural minor arterial, rural
principal arterial, urban collector, urban minor arterial, and
urban principal arterial in the federal functional classification
36.86.070
(2008 Ed.)
36.86.080 Application of design standards to construction and reconstruction. Upon the adoption of uniform design standards the legislative authority of each county
shall apply the same to all new construction within, and as far
as practicable and feasible to reconstruction of old roads
comprising, the county primary road system. No deviation
from such design standards as to such primary system may be
made without the approval of the state aid engineer for the
department of transportation. [1982 c 145 § 3; 1963 c 4 §
36.86.080. Prior: 1949 c 165 § 4; Rem. Supp. 1949 § 64508k.]
36.86.080
36.86.090 Logs dumped on right-of-way—
Removal—Confiscation. Logs dumped on any county road
right-of-way or in any county road drainage ditch due to hauling equipment failure, or for any other reason, shall be
removed within ten days. Logs remaining within any county
road right-of-way for a period of thirty days shall be confiscated and removed or disposed of as directed by the boards of
county commissioners in the respective counties. Confiscated
logs may be sold by the county commissioners and the proceeds thereof shall be deposited in the county road fund.
[1963 c 4 § 36.86.090. Prior: 1951 c 143 § 1.]
36.86.090
36.86.100 Railroad grade crossings—Obstructions.
Each railroad company shall keep its right-of-way clear of all
brush and timber in the vicinity of a railroad grade crossing
with a county road for a distance of one hundred feet from the
crossing in such a manner as to permit a person upon the road
to obtain an unobstructed view in both directions of an
approaching train. The county legislative authority shall
cause brush and timber to be cleared from the right-of-way of
county roads in the proximity of a railroad grade crossing for
a distance of one hundred feet from the crossing in such a
manner as to permit a person traveling upon the road to
obtain an unobstructed view in both directions of an
approaching train. It is unlawful to erect or maintain a sign,
signboard, or billboard within a distance of one hundred feet
from the point of intersection of the road and railroad grade
crossing located outside the corporate limits of any city or
town unless, after thirty days notice to the Washington utilities and transportation commission and the railroad operating
the crossing, the county legislative authority determines that
it does not obscure the sight distance of a person operating a
vehicle or train approaching the grade crossing.
When a person who has erected or who maintains such a
sign, signboard, or billboard or when a railroad company permits such brush or timber in the vicinity of a railroad grade
crossing with a county road or permits the surface of a grade
crossing to become inconvenient or dangerous for passage
and who has the duty to maintain it, fails, neglects, or refuses
to remove or cause to be removed such brush, timber, sign,
signboard, or billboard, or maintain the surface of the crossing, the utilities and transportation commission upon complaint of the county legislative authority or upon complaint of
any party interested, or upon its own motion, shall enter upon
a hearing in the manner now provided for hearings with
36.86.100
[Title 36 RCW—page 263]
Chapter 36.87
Title 36 RCW: Counties
respect to railroad-highway grade crossings, and make and
enforce proper orders for the removal of the brush, timber,
sign, signboard or billboard, or maintenance of the crossing.
Nothing in this section prevents the posting or maintaining
thereon of highway or road signs or traffic devices giving
directions or distances for the information of the public when
the signs conform to the "Manual for Uniform Traffic Control Devices" issued by the state department of transportation.
The county legislative authority shall inspect highway grade
crossings and make complaint of the violation of any provisions of this section. [1983 c 19 § 1; 1963 c 4 § 36.86.100.
Prior: 1955 c 310 § 6.]
Railroad crossings, obstructions: RCW 47.32.140.
Chapter 36.87
Chapter 36.87 RCW
ROADS AND BRIDGES—VACATION
Sections
36.87.010
36.87.020
36.87.030
36.87.040
36.87.050
36.87.060
36.87.070
36.87.080
36.87.090
36.87.100
36.87.110
36.87.120
36.87.130
36.87.140
36.87.900
Resolution of intention to vacate.
County road frontage owners’ petition—Bond, cash deposit,
or fee.
County road frontage owners’ petition—Action on petition.
Engineer’s report.
Notice of hearing on report.
Hearing.
Expense of proceeding.
Majority vote required.
Vacation of road unopened for five years—Exceptions.
Classification of roads for which public expenditures made—
Compensation of county.
Classification of roads for which no public expenditures
made—Compensation of county.
Appraised value as basis for compensation—Appraisal costs.
Vacation of roads abutting bodies of water prohibited unless
for public purposes or industrial use.
Retention of easement for public utilities and services.
Severability—1969 ex.s. c 185.
36.87.010 Resolution of intention to vacate. When a
county road or any part thereof is considered useless, the
board by resolution entered upon its minutes, may declare its
intention to vacate and abandon the same or any portion
thereof and shall direct the county road engineer to report
upon such vacation and abandonment. [1969 ex.s. c 185 § 1;
1963 c 4 § 36.87.010. Prior: 1937 c 187 § 48; RRS § 645048.]
36.87.010
36.87.020 County road frontage owners’ petition—
Bond, cash deposit, or fee. Owners of the majority of the
frontage on any county road or portion thereof may petition
the county legislative authority to vacate and abandon the
same or any portion thereof. The petition must show the land
owned by each petitioner and set forth that such county road
is useless as part of the county road system and that the public
will be benefited by its vacation and abandonment. The legislative authority may (1) require the petitioners to make an
appropriate cash deposit or furnish an appropriate bond
against which all costs and expenses incurred in the examination, report, and proceedings pertaining to the petition shall
be charged; or (2) by ordinance or resolution require the petitioners to pay a fee adequate to cover such costs and
expenses. [1991 c 363 § 89; 1985 c 369 § 4; 1963 c 4 §
36.87.020. Prior: 1937 c 187 § 49, part; RRS § 6450-49,
part.]
36.87.020
[Title 36 RCW—page 264]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.87.030 County road frontage owners’ petition—
Action on petition. On the filing of the petition and bond
and on being satisfied that the petition has been signed by
petitioners residing in the vicinity of the county road or portion thereof, the board shall direct the county road engineer to
report upon such vacation and abandonment. [1963 c 4 §
36.87.030. Prior: 1937 c 187 § 49, part; RRS § 6450-49,
part.]
36.87.030
36.87.040 Engineer’s report. When directed by the
board the county road engineer shall examine any county
road or portion thereof proposed to be vacated and abandoned
and report his opinion as to whether the county road should
be vacated and abandoned, whether the same is in use or has
been in use, the condition of the road, whether it will be
advisable to preserve it for the county road system in the
future, whether the public will be benefited by the vacation
and abandonment, and all other facts, matters, and things
which will be of importance to the board, and also file his
cost bill. [1963 c 4 § 36.87.040. Prior: 1937 c 187 § 50; RRS
§ 6450-50.]
36.87.040
36.87.050 Notice of hearing on report. Notice of hearing upon the report for vacation and abandonment of a county
road shall be published at least once a week for two consecutive weeks preceding the date fixed for the hearing, in the
county official newspaper and a copy of the notice shall be
posted for at least twenty days preceding the date fixed for
hearing at each termini of the county road or portion thereof
proposed to be vacated or abandoned. [1963 c 4 § 36.87.050.
Prior: 1937 c 187 § 51, part; RRS § 6450-51, part.]
36.87.050
36.87.060 Hearing. (1) On the day fixed for the hearing, the county legislative authority shall proceed to consider
the report of the engineer, together with any evidence for or
objection against such vacation and abandonment. If the
county road is found useful as a part of the county road system it shall not be vacated, but if it is not useful and the public
will be benefited by the vacation, the county legislative
authority may vacate the road or any portion thereof. Its decision shall be entered in the minutes of the hearing.
(2) As an alternative, the county legislative authority
may appoint a hearing officer to conduct a public hearing to
consider the report of the engineer and to take testimony and
evidence relating to the proposed vacation. Following the
hearing, the hearing officer shall prepare a record of the proceedings and a recommendation to the county legislative
authority concerning the proposed vacation. Their decision
shall be made at a regular or special public meeting of the
county legislative authority. [1985 c 369 § 5; 1963 c 4 §
36.87.060. Prior: 1937 c 187 § 51, part; RRS § 6450-51,
part.]
36.87.060
36.87.070 Expense of proceeding. If the county legislative authority has required the petitioners to make a cash
deposit or furnish a bond, upon completion of the hearing, it
shall certify all costs and expenses incurred in the proceedings to the county treasurer and, regardless of its final deci36.87.070
(2008 Ed.)
County Road Improvement Districts
sion, the county legislative authority shall recover all such
costs and expenses from the bond or cash deposit and release
any balance to the petitioners. [1985 c 369 § 6; 1963 c 4 §
36.87.070. Prior: 1937 c 187 § 51, part; RRS § 6450-51,
part.]
36.87.080 Majority vote required. No county road
shall be vacated and abandoned except by majority vote of
the board properly entered, or by operation of law, or judgment of a court of competent jurisdiction. [1969 ex.s. c 185
§ 2; 1963 c 4 § 36.87.080. Prior: 1937 c 187 § 51, part; RRS
§ 6450-51, part.]
36.87.080
36.87.090 Vacation of road unopened for five years—
Exceptions. Any county road, or part thereof, which remains
unopen for public use for a period of five years after the order
is made or authority granted for opening it, shall be thereby
vacated, and the authority for building it barred by lapse of
time: PROVIDED, That this section shall not apply to any
highway, road, street, alley, or other public place dedicated as
such in any plat, whether the land included in such plat is
within or without the limits of an incorporated city or town,
or to any land conveyed by deed to the state or to any county,
city or town for highways, roads, streets, alleys, or other public places. [1963 c 4 § 36.87.090. Prior: 1937 c 187 § 52;
RRS § 6450-52.]
36.87.090
36.87.100 Classification of roads for which public
expenditures made—Compensation of county. Any board
of county commissioners may, by ordinance, classify all
county roads for which public expenditures were made in the
acquisition, improvement or maintenance of the same,
according to the type and amount of expenditures made and
the nature of the county’s property interest in the road; and
may require persons benefiting from the vacation of county
roads within some or all of the said classes to compensate the
county as a condition precedent to the vacation thereof.
[1969 ex.s. c 185 § 4.]
Chapter 36.88
36.87.130 Vacation of roads abutting bodies of water
prohibited unless for public purposes or industrial use.
No county shall vacate a county road or part thereof which
abuts on a body of salt or fresh water unless the purpose of
the vacation is to enable any public authority to acquire the
vacated property for port purposes, boat moorage or launching sites, or for park, viewpoint, recreational, educational or
other public purposes, or unless the property is zoned for
industrial uses. [1969 ex.s. c 185 § 7.]
36.87.130
36.87.140 Retention of easement for public utilities
and services. Whenever a county road or any portion thereof
is vacated the legislative body may include in the resolution
authorizing the vacation a provision that the county retain an
easement in respect to the vacated land for the construction,
repair, and maintenance of public utilities and services which
at the time the resolution is adopted are authorized or are
physically located on a portion of the land being vacated:
PROVIDED, That the legislative body shall not convey such
easement to any public utility or other entity or person but
may convey a permit or franchise to a public utility to effectuate the intent of this section. The term "public utility" as
used in this section shall include utilities owned, operated, or
maintained by every gas company, electrical company, telephone company, telegraph company, and water company
whether or not such company is privately owned or owned by
a governmental entity. [1975 c 22 § 1.]
36.87.140
36.87.100
36.87.110 Classification of roads for which no public
expenditures made—Compensation of county. Any board
of county commissioners may, by ordinance, separately classify county roads for which no public expenditures have been
made in the acquisition, improvement or maintenance of the
same, according to the nature of the county’s property interest in the road; and may require persons benefiting from the
vacation of county roads within some or all of the said classes
to compensate the county as a condition precedent to the
vacation thereof. [1969 ex.s. c 185 § 5.]
36.87.110
36.87.120 Appraised value as basis for compensation—Appraisal costs. Any ordinance adopted pursuant to
this chapter may require that compensation for the vacation
of county roads within particular classes shall equal all or a
percentage of the appraised value of the vacated road as of
the effective date of the vacation. Costs of county appraisals
of roads pursuant to such ordinances shall be deemed
expenses incurred in vacation proceedings, and shall be paid
in the manner provided by RCW 36.87.070. [1969 ex.s. c
185 § 6.]
36.87.120
(2008 Ed.)
36.87.900 Severability—1969 ex.s. c 185. If any provision of this act, or its application to any person, property or
road is held invalid, the validity of the remainder of the act, or
the application of the provision to other persons, property or
roads shall not be affected. [1969 ex.s. c 185 § 8.]
36.87.900
Chapter 36.88 RCW
COUNTY ROAD IMPROVEMENT DISTRICTS
Chapter 36.88
Sections
36.88.010
36.88.015
36.88.020
36.88.030
36.88.035
36.88.040
36.88.050
36.88.060
36.88.062
36.88.065
36.88.070
36.88.072
36.88.074
36.88.076
36.88.078
36.88.080
36.88.085
36.88.090
36.88.095
36.88.100
36.88.110
36.88.120
36.88.130
Districts authorized—Purposes.
Additional purposes.
Formation of district—How initiated.
Formation of district—By resolution of intention—Procedure.
Notice must contain statement that assessments may vary from
estimates.
Formation of district—By resolution of intention—Election—
Rules.
Formation of district—By petition—Procedure.
Formation of district—Hearing—Resolution creating district.
Formation of district—Committee or hearing officer may conduct hearings—Report to legislative authority.
Formation of district—Alternative method.
Diagram only preliminary determination.
Waivers of protest—Recording—Limits on enforceability.
Preformation expenditures.
Credits for other assessments.
Assessment reimbursement accounts.
Property included in district—Method of assessment—
Assessment limited by benefit.
Exemption of farm and agricultural land from special benefit
assessments.
Assessment roll—Hearing—Notice—Objections—New hearing.
Assessment role—Committee or officer may conduct hearing—Recommendations to legislative authority—Appeals.
Appeal—Reassessment.
Assessment roll—Conclusive.
Assessment is lien on property—Superiority.
County treasurer—Duties.
[Title 36 RCW—page 265]
36.88.010
36.88.140
36.88.145
36.88.150
36.88.160
36.88.170
36.88.180
36.88.190
36.88.200
36.88.210
36.88.220
36.88.230
36.88.235
36.88.240
36.88.250
36.88.260
36.88.270
36.88.280
36.88.290
36.88.295
36.88.300
36.88.305
36.88.310
36.88.320
36.88.330
36.88.340
36.88.350
36.88.360
36.88.370
36.88.375
36.88.380
36.88.390
36.88.400
36.88.410
36.88.420
36.88.430
36.88.440
36.88.450
36.88.460
36.88.470
36.88.480
36.88.485
Title 36 RCW: Counties
Payment of assessment—Delinquent assessments—Penalties—Lien foreclosure.
Property donations—Credit against assessments.
Payment of assessment—Record of.
District fund—Purposes—Bond redemptions.
Foreclosed property—Held in trust for district.
Foreclosed property—Sale or lease—Disposition of proceeds.
Improvement bonds, warrants authorized.
Improvement bonds—Form, contents, execution.
Improvement bonds—Issuance—Sale—Deposit of proceeds.
Improvement bonds—Guaranty fund.
Improvement bonds—Guaranty fund in certain counties—
Operation.
Improvement bonds—Guaranty fund assets may be transferred to county general fund—When.
Improvement bonds—Repayment restricted to special funds—
Remedies of bond owner—Notice of restrictions.
Improvement bonds—Remedies of bond owners—Enforcement.
Assessment where bonds issued—Payment in installments.
Assessment where bonds issued—Payment in cash—Notice of
assessment.
Assessment where bonds issued—Payment in cash during
installment period—Duties of county treasurer—Use of
funds.
Limitation of actions.
Refunding bonds—Limitations.
District costs and expenses—What to include.
District costs and expenses—Credit or reduction of assessments.
Acquisition of property—Eminent domain.
Construction or improvement—Supervision—Contracts—
Standards.
Warrants—Issuance—Priority—Acceptance.
Participation of county road fund—Arrangements with other
public agencies, private utilities.
Maintenance—Expense.
State, county, school, municipal corporation lands—Assessment—Recipients of notices, ballots.
Signatures on petitions, ballots, objections—Determining sufficiency.
Consolidated road improvement districts—Establishment—
Bonds.
Safeguarding open canals or ditches—Assessments and benefits.
Safeguarding open canals or ditches—Authority.
Safeguarding open canals or ditches—Installation and construction—Costs.
Underground electric and communication facilities, installation or conversion to—Declaration of public interest and
purpose.
Underground electric and communication facilities, installation or conversion to—Definitions.
Underground electric and communication facilities, installation or conversion to—Powers of county relating to—Contracts—County road improvement districts—Special assessments.
Underground electric and communication facilities, installation or conversion to—Contracts with electric and communication utilities—Authorized—Provisions.
Underground electric and communication facilities, installation or conversion to—Notice to owners to convert service
lines to underground—Objections—Hearing—Time limitation for conversion.
Underground electric and communication facilities, installation or conversion to—Utility conversion guaranty fund—
Establishment authorized—Purpose—Deposits—Investments.
Underground electric and communication facilities, installation or conversion to—Utility conversion guaranty fund—
Operation.
Underground electric and communication facilities, installation or conversion to—Applicability of general provisions
relating to county road improvement districts.
Underground electric and communication facilities, installation or conversion to—Recording of underground utility
installations.
Assessments and charges against state lands: Chapter 79.44 RCW.
Deferral of special assessments: Chapter 84.38 RCW.
Local improvements, supplemental authority: Chapter 35.51 RCW.
[Title 36 RCW—page 266]
36.88.010 Districts authorized—Purposes. All counties have the power to create county road improvement districts for the acquisition of rights-of-way and improvement of
county roads, existing private roads that will become county
roads as a result of this improvement district process and,
with the approval of the state department of transportation,
state highways; for the construction or improvement of necessary drainage facilities, bulkheads, retaining walls, and
other appurtenances therefor, bridges, culverts, sidewalks,
curbs and gutters, escalators, or moving sidewalks; and for
the draining or filling of drainage potholes or swamps. Such
counties have the power to levy and collect special assessments against the real property specially benefited thereby
for the purpose of paying the whole or any part of the cost of
such acquisition of rights-of-way, construction, or improvement. [1985 c 400 § 3; 1985 c 369 § 7; 1965 c 60 § 1; 1963 c
84 § 1; 1963 c 4 § 36.88.010. Prior: 1959 c 134 § 1; 1951 c
192 § 1.]
36.88.010
Reviser’s note: This section was amended by 1985 c 369 § 7 and by
1985 c 400 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
County may fund improvements to state highways: RCW 36.75.035.
36.88.015 Additional purposes. All counties have the
power to create county road improvement districts for the
construction, installation, improvement, operation, and maintenance of street and road lighting systems for any county
roads, and subject to the approval of the state department of
transportation, for state highways, and for safeguards to protect the public from hazards of open canals, flumes, or
ditches, and the counties have the power to levy and collect
special assessments against the real property specially benefited thereby for the purpose of paying the whole or any part
of the cost of the construction, installation, or improvement
together with the expense of furnishing electric energy, maintenance, and operation. [1984 c 7 § 41; 1965 c 60 § 2; 1963
c 84 § 2; 1963 c 4 § 36.88.015. Prior: 1959 c 75 § 4; 1953 c
152 § 1.]
36.88.015
Severability—1984 c 7: See note following RCW 47.01.141.
36.88.020 Formation of district—How initiated.
County road improvement districts may be initiated either by
resolution of the board of county commissioners or by petition signed by the owners according to the records of the
office of the county auditor of property to an aggregate
amount of the majority of the lineal frontage upon the contemplated improvement and of the area within the limits of
the county road improvement district to be created therefor.
[1963 c 4 § 36.88.020. Prior: 1951 c 192 § 2.]
36.88.020
36.88.030 Formation of district—By resolution of
intention—Procedure. In case the board of county commissioners shall desire to initiate the formation of a county road
improvement district by resolution, it shall first pass a resolution declaring its intention to order such improvement, setting
forth the nature and territorial extent of such proposed
improvement, designating the number of the proposed road
improvement district and describing the boundaries thereof,
stating the estimated cost and expense of the improvement
and the proportionate amount thereof which will be borne by
36.88.030
(2008 Ed.)
County Road Improvement Districts
the property within the proposed district, notifying the owners of property therein to appear at a meeting of the board at
the time specified in such resolution, and directing the county
road engineer to submit to the board at or prior to the date
fixed for such hearing a diagram or print showing thereon the
lots, tracts and parcels of land and other property which will
be specially benefited thereby and the estimated amount of
the cost and expense of such improvement to be borne by
each lot, tract or parcel of land or other property, and also
designating thereon all property which is being purchased
under contract from the county. The resolution of intention
shall be published in at least two consecutive issues of a
newspaper of general circulation in such county, the date of
the first publication to be at least fifteen days prior to the date
fixed by such resolution for hearing before the board of
county commissioners.
Notice of the adoption of the resolution of intention shall
be given each owner or reputed owner of any lot, tract or parcel of land or other property within the proposed improvement district by mailing said notice to the owner or reputed
owner of the property as shown on the tax rolls of the county
treasurer at the address shown thereon at least fifteen days
before the date fixed for the public hearing. The notice shall
refer to the resolution of intention and designate the proposed
improvement district by number. Said notice shall also set
forth the nature of the proposed improvement, the total estimated cost, the proportion of total cost to be borne by assessments, the estimated amount of the cost and expense of such
improvement to be borne by the particular lot, tract or parcel,
the date and place of the hearing before the board of county
commissioners, and shall contain the directions hereinafter
provided for voting upon the formation of the proposed
improvement district.
The clerk of the board shall prepare and mail, together
with the notice above referred to, a ballot for each owner or
reputed owner of any lot, tract or parcel of land within the
proposed improvement district. This ballot shall contain the
following proposition:
"Shall . . . . . . county road improvement district No. . . . . be formed?
â
Yes . . . . . . . . . . . . . . . . . . . . . . . . . .
No. . . . . . . . . . . . . . . . . . . . . . . . . . .
â"
and, in addition, shall contain appropriate spaces for the signatures of the property owners, and a description of their
property, and shall have printed thereon the direction that all
ballots must be signed to be valid and must be returned to the
clerk of the board of county commissioners not later than five
o’clock p.m. of a day which shall be one week after the date
of the public hearing.
The notice of adoption of the resolution of intention shall
also contain the above directions, and, in addition thereto,
shall state the rules by which the election shall be governed.
[1970 ex.s. c 66 § 2; 1963 c 84 § 3; 1963 c 4 § 36.88.030.
Prior: 1951 c 192 § 3.]
36.88.035 Notice must contain statement that assessments may vary from estimates. Any notice given to the
public or to the owners of specific lots, tracts, or parcels of
land relating to the formation of a county road improvement
district shall contain a statement that actual assessments may
36.88.035
(2008 Ed.)
36.88.050
vary from assessment estimates so long as they do not exceed
a figure equal to the increased true and fair value the
improvement adds to the property. [1989 c 243 § 5.]
36.88.040 Formation of district—By resolution of
intention—Election—Rules. The election provided herein
for cases where the improvement is initiated by resolution
shall be governed by the following rules: (1) All ballots must
be signed by the owner or reputed owner of property within
the proposed district according to the records of the county
auditor; (2) each ballot must be returned to the clerk of the
board not later than one week after the public hearing; (3)
each property owner shall have one vote for each full dollar
of estimated assessment against his property as determined
by the preliminary estimates and assessment roll; (4) the
valid ballots shall be tabulated and a majority of the votes
cast shall determine whether the formation of the district
shall be approved or rejected. [1963 c 4 § 36.88.040. Prior:
1951 c 192 § 4.]
36.88.040
36.88.050 Formation of district—By petition—Procedure. In case any such road improvement shall be initiated
by petition, such petition shall set forth the nature and territorial extent of such proposed improvement, and the fact that
the signers thereof are the owners, according to the records of
the county auditor of property to an aggregate amount of a
majority of the lineal frontage upon the improvement to be
made and of the area within the limits of the assessment district to be created therefor.
Upon the filing of such petition the board shall determine
whether the same shall be sufficient and whether the property
within the proposed district shall be sufficiently developed
and if the board shall find the district to be sufficiently developed and the petition to be sufficient, it shall proceed to adopt
a resolution setting forth the nature and territorial extent of
the improvement petitioned for, designating the number of
the proposed improvement district and describing the boundaries thereof, stating the estimated cost and expense of the
improvement and the proportionate amount thereof which
will be borne by the property within the proposed district,
notifying the owners of property therein to appear at a meeting of the board at the time specified in such resolution, and
directing the county road engineer to submit to the board at or
prior to the date fixed for such hearing a diagram or print
showing thereon the lots, tracts and parcels of land and other
property which will be specially benefited thereby and the
estimated amount of the cost and expense of such improvement to be borne by each lot, tract or parcel of land or other
property, and also designating thereon all property which is
being purchased under contract from the county. The resolution of intention shall be published in at least two consecutive
issues of a newspaper of general circulation in such county,
the date of the first publication to be at least fifteen days prior
to the date fixed by such resolution for hearing before the
board of county commissioners.
Notice of the adoption of the resolution of intention shall
be given each owner or reputed owner of any lot, tract or parcel of land or other property within the proposed improvement district by mailing said notice to the owner or reputed
owner of the property as shown on the tax rolls of the county
36.88.050
[Title 36 RCW—page 267]
36.88.060
Title 36 RCW: Counties
treasurer at the address shown thereon at least fifteen days
before the date fixed for the public hearing. The notice shall
refer to the resolution of intention and designate the proposed
improvement district by number. Said notice shall also set
forth the nature of the proposed improvement, the total estimated cost, the proportion of total cost to be borne by assessments, the estimated amount of the cost and expense of such
improvement to be borne by the particular lot, tract or parcel,
the date and place of the hearing before the board of county
commissioners, and the fact that property owners may withdraw their names from the petition or add their names thereto
at any time prior to five o’clock p.m. of the day before the
hearing. [1963 c 4 § 36.88.050. Prior: 1951 c 192 § 5.]
36.88.060
36.88.060 Formation of district—Hearing—Resolution creating district. Whether the improvement is initiated
by petition or resolution the board shall conduct a public
hearing at the time and place designated in the notice to property owners. At this hearing, the board may make such
changes in the boundaries of the district or such modifications in the plans for the proposed improvement as shall be
deemed necessary: PROVIDED, That the board may neither
so alter the improvement as to increase the estimated cost by
an amount greater than ten percent above that stated in the
notice, nor increase the proportionate share of the cost to be
borne by assessments from the proportion stated in the notice,
nor change the boundaries of the district to include property
not previously included therein without first passing a new
resolution of intention and giving a new notice to property
owners, in the manner and form and within the time herein
provided for the original notice.
At said hearing, the board shall select the method of
assessment, ascertain whether the plan of improvement or
construction is feasible and whether the benefits to be derived
therefrom by the property within the proposed district,
together with the amount of any county road fund participation, exceed the costs and expense of the formation of the
proposed district and the contemplated construction or
improvement and shall make a written finding thereon. In
case the proceedings have been initiated by petition, the
board shall find whether the petition including all additions
thereto or withdrawals therefrom made prior to five o’clock
p.m. of the day before the hearing is sufficient within the
boundaries of the district so established at said hearing by the
board. If said petition shall be found insufficient the board
shall by resolution declare the proceedings terminated. In
case the proceedings have been initiated by resolution if the
board shall find the improvement to be feasible, it shall continue the hearing until a day not more than fifteen days after
the date for returning ballots for the purpose of determining
the results of said balloting.
After the hearing the board may proceed to adopt a resolution creating the district and ordering the improvement.
Such resolution shall establish such district as the ". . . . . .
county road improvement district No. . . . ." Such resolution
shall describe the nature and territorial extent of the improvement to be made and the boundaries of the improvement district, shall describe the method of assessment to be used, shall
declare the estimated cost and the proportion thereof to be
borne by assessments, and shall contain a finding as to the
[Title 36 RCW—page 268]
result of the balloting by property owners in case the
improvement shall have been initiated by resolution.
Upon the adoption of the resolution establishing the district, the board shall have jurisdiction to proceed with the
improvement. The board’s findings on the sufficiency of petitions or on the results of the balloting shall be conclusive
upon all persons. [1963 c 84 § 4; 1963 c 4 § 36.88.060. Prior:
1951 c 192 § 6.]
36.88.062
36.88.062 Formation of district—Committee or
hearing officer may conduct hearings—Report to legislative authority. In lieu of the county legislative authority
holding the hearing under RCW 36.88.060 to create the road
improvement district, the county legislative authority may
adopt an ordinance providing for a committee of the county
legislative authority or an officer to conduct the hearings. The
committee or hearing officer shall report recommendations
on the resolution to the full county legislative authority for
final action, which need not hold a hearing on the proposed
assessment role and shall either adopt or reject the recommendations. [1994 c 71 § 3.]
36.88.065
36.88.065 Formation of district—Alternative
method. If the county legislative authority desires to initiate
the formation of a county road improvement district by resolution, it may elect to follow either the procedure set forth in
chapter 35.43 RCW or the procedure set forth in RCW
36.88.030, and shall indicate the procedure selected in the
resolution of intention. [1985 c 369 § 10.]
36.88.070
36.88.070 Diagram only preliminary determination.
The diagram or print herein directed to be submitted to the
board shall be in the nature of a preliminary determination
upon the method, and estimated amounts, of assessments to
be levied upon the property specially benefited by such
improvement and shall in no case be construed as being binding or conclusive as to the amount of any assessments which
may ultimately be levied. [1963 c 4 § 36.88.070. Prior: 1951
c 192 § 7.]
36.88.072
36.88.072 Waivers of protest—Recording—Limits
on enforceability. If an owner of property enters into an
agreement with a county waiving the property owner’s right
under RCW 36.88.030, 36.88.040, 36.88.050, 36.88.060, and
36.88.065 to protest formation of a road improvement district, the agreement must specify the improvements to be
financed by the district and shall set forth the effective term
of the agreement, which shall not exceed ten years. The
agreement must be recorded with the auditor of the county in
which the property is located. It is against public policy and
void for an owner, by agreement, as a condition imposed in
connection with proposed property development, or otherwise, to waive rights to object to the property owner’s individual assessment (including the determination of special
benefits allocable to the property), or to appeal to the superior
court the decision of the county council affirming the final
assessment roll. [1988 c 179 § 12.]
Severability—Prospective application—Section captions—1988 c
179: See RCW 39.92.900 and 39.92.901.
(2008 Ed.)
County Road Improvement Districts
36.88.074 Preformation expenditures. The county
engineer or other designated official may contract with owners of real property to provide for payment by the owners of
the cost of the preparation of engineering plans, surveys,
studies, appraisals, legal services, and other expenses associated with improvements to be financed in whole or in part by
a local improvement district (not including the cost of actual
construction of such improvements), that the owners elect to
undertake. The contract may provide for reimbursement to
the owner of such costs from the proceeds of bonds issued by
the district after formation of a district under this chapter,
from assessments paid to the district as appropriate, or by a
credit in the amount of such costs against future assessments
assessed against such property. Such reimbursement shall be
made to the owner of the property at the time of reimbursement. The contract shall also provide that such costs shall not
be reimbursed to the owner if a district to construct the specified improvements (as the project may be amended) is not
formed within six years of the date of the contract. The contract shall provide that any preformation work shall be conducted only under the direction of the county engineer or
other appropriate county authority. [1988 c 179 § 13.]
36.88.074
Severability—Prospective application—Section captions—1988 c
179: See RCW 39.92.900 and 39.92.901.
36.88.076 Credits for other assessments. A county
ordering a road improvement upon which special assessments on property specifically benefited by the improvements are levied and collected, may provide as part of the
ordinance creating the road improvement district that moneys
paid or the cost of facilities constructed by a property owner
in the district in satisfaction of obligations under chapter
39.92 RCW, shall be credited against assessments due from
the owner of such property at the time the credit is made, if
those moneys paid or facilities constructed directly defray the
cost of the specified improvements under the district and if
credit for such amounts is reflected in the final assessment
roll confirmed for the district. [1988 c 179 § 14.]
36.88.076
Severability—Prospective application—Section captions—1988 c
179: See RCW 39.92.900 and 39.92.901.
36.88.078 Assessment reimbursement accounts. A
county ordering a road improvement upon which special
assessments on property specifically benefited by the
improvement are levied and collected, may provide as part of
the ordinance creating the road improvement district that the
payment of an assessment levied for the district on underdeveloped properties may be made by owners of other properties within the district if they so elect, subject to terms of
reimbursement set forth in the ordinance. The terms for reimbursement shall require the owners of underdeveloped properties on whose behalf payments of assessments have been
made to reimburse all such assessment payments to the party
who made them when those properties are developed or redeveloped, together with interest at a rate specified in the ordinance. The ordinance may provide that reimbursement shall
be made on a one-time, lump sum basis, or may provide that
reimbursement shall be made over a period not to exceed five
years. The ordinance may provide that reimbursement shall
be made no later than the time of dissolution of the district, or
may provide that no reimbursement is due if the underdevel36.88.078
(2008 Ed.)
36.88.090
oped properties are not developed or redeveloped before the
dissolution of the district. Reimbursement amounts due from
underdeveloped properties under this section are liens upon
the underdeveloped properties in the same manner and with
like effect as assessments made under this chapter. For the
purposes of this section, "underdeveloped properties" may
include those properties that, in the discretion of the county
legislative authority, (1) are undeveloped or are not developed to their highest and best use, and (2) are likely to be
developed or redeveloped before the dissolution of the district. [1988 c 179 § 15.]
Severability—Prospective application—Section captions—1988 c
179: See RCW 39.92.900 and 39.92.901.
36.88.080 Property included in district—Method of
assessment—Assessment limited by benefit. Every resolution ordering any improvement mentioned in this chapter,
payment for which shall be in whole or in part by special
assessments shall establish a road improvement district
which shall embrace as near as may be all the property specially benefited by such improvement and the board shall
apply thereto such method of assessment as shall be deemed
most practical and equitable under the conditions prevailing:
PROVIDED, That no assessment as determined by the board
of commissioners shall be levied which shall be greater than
the special benefits derived from the improvements. [1963 c
84 § 5; 1963 c 4 § 36.88.080. Prior: 1951 c 192 § 8.]
36.88.080
36.88.085 Exemption of farm and agricultural land
from special benefit assessments. See RCW 84.34.300
through 84.34.380 and 84.34.922.
36.88.085
36.88.090 Assessment roll—Hearing—Notice—
Objections—New hearing. Whenever the assessment roll
for any county road improvement district has been prepared,
such roll shall be filed with the clerk of the county legislative
authority. The county legislative authority shall thereupon by
resolution set the date for hearing upon such roll before a
board of equalization and direct the clerk to give notice of
such hearing and the time and place thereof.
Such notice shall specify such time and place of hearing
on such roll and shall notify all persons who may desire to
object thereto to make such objection in writing and to file
the same with the clerk of the county legislative authority at
or prior to the date fixed for such hearing; and that at the time
and place fixed and at such other times as the hearing may be
continued to, the county legislative authority will sit as a
board of equalization for the purpose of considering such roll
and at such hearing will consider such objections made
thereto, or any part thereof, and will correct, revise, raise,
lower, change, or modify such roll or any part thereof, or set
aside such roll in order that such assessment be made de novo
as to such body shall appear just and equitable and then proceed to confirm the same by resolution.
Notice of the time and place of hearing under such
assessment roll shall be given to the owner or reputed owner
of the property whose name appears thereon, by mailing a
notice thereof at least fifteen days before the date fixed for
the hearing to such owner or reputed owner at the address of
such owner as shown on the tax rolls of the county treasurer;
36.88.090
[Title 36 RCW—page 269]
36.88.095
Title 36 RCW: Counties
and in addition thereto such notice shall be published at least
two times in a newspaper of general circulation in the county.
At least fifteen days must elapse between the date of the first
publication of the notice and the date fixed for such hearing.
However, mosquito control districts are only required to give
notice by publication.
The board of equalization, at the time fixed for hearing
objections to the confirmation of the roll, or at such time or
times as the hearing may be adjourned to, has power to correct, revise, raise, lower, change, or modify the roll or any
part thereof, and to set aside the roll in order that the assessment be made de novo as to the board appears equitable and
just, and then shall confirm the same by resolution. All objections shall be in writing and filed with the board and shall
state clearly the grounds objected to, and objections not made
within the time and in the manner described in this section
shall be conclusively presumed to have been waived.
Whenever any such roll is amended so as to raise any
assessments appearing thereon, or to include property subject
to assessment which has been omitted from the assessment
roll for any reason, a new hearing, and a new notice of hearing upon such roll, as amended, shall be given as in the case
of an original hearing. At the conclusion of such hearing the
board may confirm the same or any portion thereof by resolution and certify the same to the treasurer for collection.
Whenever any property has been entered originally on such
roll, and the assessment upon such property shall not be
raised, no objections to it may be considered by the board or
by any court on appeal, unless such objections are made in
writing at or prior to the date fixed for the original hearing
upon such roll. [1985 c 369 § 8; 1972 ex.s. c 62 § 1; 1963 c
4 § 36.88.090. Prior: 1951 c 192 § 9.]
36.88.095 Assessment roll—Committee or officer
may conduct hearing—Recommendations to legislative
authority—Appeals. In lieu of the county legislative
authority holding the hearing on assessment roll under RCW
36.88.090 as the board of equalization, the county legislative
authority may adopt an ordinance providing for a committee
of the county legislative authority or an officer to conduct the
hearing on the assessment roll as the board of equalization.
A committee or an officer that sits as a board of adjustment [equalization] shall conduct a hearing on the proposed
assessment roll and shall make recommendations to the full
county legislative authority, which need not hold a hearing on
the proposed assessment roll and shall either adopt or reject
the recommendations. The ordinance shall provide for an
appeal procedure by which a property owner may protest his
or her assessment that is proposed by the committee or officer
to the full county legislative authority and the full county legislative authority may reject or accept any appealed protested
assessment and if accepted shall modify the assessment roll
accordingly. [1994 c 71 § 4.]
36.88.095
The board shall have the same powers of reassessment
and shall proceed to make such reassessments in the same
manner and subject to the same limitations as are provided by
law for the making of reassessments in local improvement
districts of cities and towns. [1963 c 4 § 36.88.100. Prior:
1951 c 192 § 10.]
36.88.110 Assessment roll—Conclusive. Whenever
any assessment roll for construction or improvements shall
have been confirmed by the board, as provided in this chapter, the regularity, validity and correctness of the proceedings
relating to such construction or improvement and to the
assessment therefor, including the action of the board on such
assessment roll and the confirmation thereof, shall be conclusive in all things upon all parties and cannot in any manner be
contested or questioned in any proceeding whatsoever by any
person not filing written objection to such roll in the manner
and within the time provided in this chapter, and not appealing from the action of the board in confirming such assessment roll in the manner and within the time provided in this
chapter. No proceedings of any kind shall be commenced or
prosecuted for the purpose of defeating or contesting any
such assessment or for the sale of any property to pay such
assessment or any certificate of delinquency issued therefor
or the foreclosure of any lien issued therefor, but this section
shall not be construed as prohibiting the bringing of injunction proceedings to prevent the sale of any real estate upon
the grounds that the property about to be sold does not appear
upon the assessment roll, or that the assessment has been
paid. [1963 c 4 § 36.88.110. Prior: 1951 c 192 § 11.]
36.88.110
36.88.120 Assessment is lien on property—Superiority. The charge on the respective lots, tracts, parcels of land
and other property for the purpose of special assessment to
pay the cost and expense in whole or in part of any construction or improvement authorized in this chapter, when
assessed, and the assessment roll confirmed by the board
shall be a lien upon the property assessed from the time said
assessment rolls shall be placed in the hands of the county
treasurer for collection. Said liens shall be paramount and
superior to any other lien or encumbrance whatsoever, theretofore or thereafter created, except a lien for general taxes.
[1963 c 4 § 36.88.120. Prior: 1951 c 192 § 12.]
36.88.120
36.88.130 County treasurer—Duties. The county
treasurer is hereby designated as the treasurer of all county
road improvement districts created hereunder, and shall collect all road improvement district assessments, and the duties
and responsibilities herein imposed upon him shall be among
the duties and responsibilities of his office for which his bond
is given as county treasurer. [1963 c 4 § 36.88.130. Prior:
1951 c 192 § 13.]
36.88.130
36.88.140 Payment of assessment—Delinquent
assessments—Penalties—Lien foreclosure. The county
legislative authority shall prescribe by resolution within what
time such assessment or installments thereof shall be paid,
and shall provide for the payment and collection of interest
and the rate of interest to be charged on that portion of any
assessment which remains unpaid over thirty days after such
36.88.140
36.88.100 Appeal—Reassessment. The decision of the
board upon any objections made within the time and in the
manner herein prescribed may be reviewed by the superior
court upon an appeal taken thereto in the manner provided for
taking appeals from objections in local improvement districts
of cities and towns.
36.88.100
[Title 36 RCW—page 270]
(2008 Ed.)
County Road Improvement Districts
date. Assessments or installments thereof which are delinquent, shall bear, in addition to such interest, such penalty not
less than five percent as shall be prescribed by resolution.
Interest and penalty shall be included in and shall be a part of
the assessment lien. All liens acquired by the county hereunder shall be foreclosed by the appropriate county officers in
the same manner and subject to the same rights of redemption
provided by law for the foreclosure of liens held by cities or
towns against property in local improvement districts. [1981
c 156 § 11; 1970 ex.s. c 66 § 3; 1963 c 4 § 36.88.140. Prior:
1951 c 192 § 14.]
36.88.145 Property donations—Credit against
assessments. The county legislative authority may give
credit for all or any portion of any property donation against
an assessment, charge, or other required financial contribution for transportation improvements within a county road
improvement district. The credit granted is available against
any assessment, charge, or other required financial contribution for any transportation purpose that uses the donated
property. [1987 c 267 § 11.]
36.88.200
a deed pay in to such fund the amount of the delinquent
assessment for which said property was sold and all accrued
interest and interest to the time of the next call for bonds or
warrants issued against such assessment fund at the rate provided thereon, and thereupon shall take and hold said property discharged of such trust: PROVIDED FURTHER, That
property deeded to any county and which shall become a part
of the trust being exercised by the said county for the benefit
of any local improvement district fund of the said county,
shall be exempt from taxation for general, state, county and
municipal purposes during the period that it is so held. [1963
c 4 § 36.88.170. Prior: 1951 c 192 § 17.]
36.88.145
Severability—1987 c 267: See RCW 47.14.910.
Right-of-way donations: Chapter 47.14 RCW.
36.88.150 Payment of assessment—Record of.
Whenever before the sale of any property the amount of any
assessment thereon, with interest, penalty, costs and charges
accrued thereon, shall be paid to the treasurer, he shall
thereon mark the same paid with the date of payment thereof
on the assessment roll. [1963 c 4 § 36.88.150. Prior: 1951 c
192 § 15.]
36.88.180
36.88.180 Foreclosed property—Sale or lease—Disposition of proceeds. Any county may at any time after a
deed is issued to it under and by virtue of any proceeding
mentioned in this chapter, lease or sell or convey any such
property at public or private sale for such price and on such
terms as may be determined by resolution of the board, and
all proceeds resulting from such sale shall ratably belong to
and be paid into the fund of the county road improvement district or districts concerned after first reimbursing any fund or
funds having advanced any money on account of said property. [1963 c 4 § 36.88.180. Prior: 1951 c 192 § 18.]
36.88.150
36.88.160 District fund—Purposes—Bond redemptions. All moneys collected by the treasurer upon any assessments under this chapter shall be kept as a separate fund to be
known as ". . . . . ., county road improvement district No.
. . . . fund." Such funds shall be used for no other purpose
than the payment of costs and expense of construction and
improvement in such district and the payment of interest or
principal of warrants and bonds drawn or issued upon or
against said fund for said purposes. Whenever after payment
of the costs and expenses of the improvement there shall be
available in the local improvement district fund a sum, over
and above the amount necessary to meet the interest payments next accruing on outstanding bonds, sufficient to retire
one or more outstanding bonds the treasurer shall forthwith
call such bond or bonds for redemption as determined in the
bond authorizing ordinance. [2003 c 139 § 3; 1963 c 4 §
36.88.160. Prior: 1951 c 192 § 16.]
36.88.160
Effective date—2003 c 139: See note following RCW 35.45.180.
36.88.170 Foreclosed property—Held in trust for
district. Whenever any property shall be bid in by any
county or be stricken off to any county under and by virtue of
any proceeding for enforcement of the assessment provided
in this chapter said property shall be held in trust by said
county for the fund of the improvement district for the creation of which fund said assessment was levied and for the
collection of which assessment said property was sold: PROVIDED, Such county may at any time after the procuring of
36.88.170
(2008 Ed.)
36.88.190
36.88.190 Improvement bonds, warrants authorized.
(1) The county legislative authority may provide for the payment of the whole or any portion of the cost and expense of
any duly authorized road improvement by bonds and/or warrants of the improvement district which bonds shall be issued
and sold as herein provided, but no bonds shall be issued in
excess of the cost and expense of the project nor shall they be
issued prior to twenty days after the thirty days allowed for
the payment of assessments without penalty or interest.
(2) Notwithstanding subsection (1) of this section, such
bonds and warrants may be issued and sold in accordance
with chapter 39.46 RCW. [1983 c 167 § 93; 1963 c 4 §
36.88.190. Prior: 1951 c 192 § 19.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.88.200
36.88.200 Improvement bonds—Form, contents,
execution. (1) Such bonds shall be numbered from one
upwards consecutively, shall be in such denominations as
may be provided by the county legislative authority in the
resolution authorizing their issuance, shall mature on or
before a date not to exceed twenty-two years from and after
their date, shall bear interest at such rate or rates as authorized
by the legislative authority payable annually or semiannually
as may be provided by the legislative authority, shall be
signed by the chairman of the legislative authority and
attested by the county auditor, shall have the seal of the
county affixed thereto, and shall be payable at the office of
the county treasurer or elsewhere as may be designated by the
legislative authority. Such bonds may be in any form, including bearer bonds or registered bonds as provided in RCW
39.46.030. In lieu of any signatures required in this section,
the bonds and any coupons may bear the printed or engraved
facsimile signatures of said officials.
[Title 36 RCW—page 271]
36.88.210
Title 36 RCW: Counties
Such bonds shall refer to the improvement for which
they are issued and to the resolution creating the road
improvement district therefor.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 94; 1980 c 100 § 5; 1970 ex.s. c
56 § 55; 1969 ex.s. c 232 § 73; 1963 c 4 § 36.88.200. Prior:
1951 c 192 § 20.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
36.88.210 Improvement bonds—Issuance—Sale—
Deposit of proceeds. (1) The bonds issued under the provisions of this chapter may be issued to the contractor or sold
by the county legislative authority as authorized by the resolution directing their issuance at not less than their par value
and accrued interest to the date of delivery. No bonds shall be
sold except at public sale upon competitive bids and a notice
calling for bids shall be published once a week for two consecutive weeks in the official newspaper of the county. Such
notice shall specify a place and designate a day and hour subsequent to the date of last publication thereof when sealed
bids will be received and publicly opened for the purchase of
said bonds. The proceeds of all sales of bonds shall be deposited in the county road improvement district fund and applied
to the cost and expense of the district.
(2) Notwithstanding subsection (1) of this section, such
bonds may be sold in accordance with chapter 39.46 RCW.
[1983 c 167 § 95; 1963 c 4 § 36.88.210. Prior: 1951 c 192 §
21.]
36.88.210
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.88.220 Improvement bonds—Guaranty fund. All
counties may establish a fund for the purpose of guaranteeing
to the extent of such fund and in the manner hereinafter provided, the payment of its road improvement district bonds
and warrants issued to pay for any road improvement ordered
under this chapter. If the county legislative authority shall
determine to establish such fund it shall be designated
". . . . . . county road improvement guaranty fund" and from
moneys available for road purposes such county shall deposit
annually in said guaranty fund such sums as may be necessary to establish and maintain a balance therein equal to at
least five percent of the outstanding obligations guaranteed
thereby and to make necessary provision in its annual budget
therefor. The moneys held in the guaranty fund may be
invested in accordance with the laws relating to county
investments. [1997 c 393 § 7; 1967 ex.s. c 145 § 63; 1963 c
4 § 36.88.220. Prior: 1959 c 134 § 2; 1951 c 192 § 22.]
36.88.220
Severability—1967 ex.s. c 145: See RCW 47.98.043.
36.88.230 Improvement bonds—Guaranty fund in
certain counties—Operation. Whenever there shall be paid
out of a guaranty fund any sum on account of principal or
interest of a road improvement district bond or warrant, the
county, as trustee for the fund, shall be subrogated to all the
rights of the owner of the bond or any interest coupon or war36.88.230
[Title 36 RCW—page 272]
rant so paid, and the proceeds thereof, or of the assessment
underlying the same, shall become part of the guaranty fund.
There shall also be paid into each guaranty fund the interest
received from investment of the fund, as well as any surplus
remaining in any local improvement fund guaranteed hereunder after the payment of all outstanding bonds or warrants
payable primarily out of such road improvement fund. Warrants drawing interest at a rate or rates not to exceed the rate
determined by the county legislative authority shall be issued,
as other warrants are issued by the county, against a guaranty
fund to meet any liability accruing against it, and at the time
of making its annual budget and tax levy the county shall provide from funds available for road purposes for the deposit in
the guaranty fund of a sum sufficient with other resources of
such fund to pay warrants so issued during the preceding fiscal year. As among the several issues of bonds or warrants
guaranteed by the fund no preference shall exist, but
defaulted bonds, interest payments, and warrants shall be
purchased out of the fund in the order of their presentation.
Every county establishing a guaranty fund for road
improvement district bonds or warrants shall prescribe by
resolution appropriate rules and regulations for the maintenance and operation of the guaranty fund not inconsistent
herewith. So much of the money of a guaranty fund as is necessary may be used to purchase underlying bonds or warrants
guaranteed by the fund, or to purchase certificates of delinquency for general taxes on property subject to local
improvement assessments, or to purchase such property at tax
foreclosures, for the purpose of protecting the guaranty fund.
Said fund shall be subrogated to the rights of the county, and
the county, acting on behalf of said fund, may foreclose the
lien of general tax certificates of delinquency and purchase
the property at the foreclosure sale for the account of said
fund. Whenever the legislative authority of any county shall
so cause a lien of general tax certificates of delinquency to be
foreclosed and the property to be so purchased at a foreclosure sale, the court costs and costs of publication and
expenses for clerical work and/or other expense incidental
thereto, shall be chargeable to and payable from the guaranty
fund. After so acquiring title to real property, a county may
lease or sell and convey the same at public or private sale for
such price and on such terms as may be determined by resolution of the county legislative body, and all proceeds resulting from such sales shall belong to and be paid into the guaranty fund. [1997 c 393 § 8; 1983 c 167 § 96; 1981 c 156 § 12;
1963 c 4 § 36.88.230. Prior: 1951 c 192 § 23.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.88.235
36.88.235 Improvement bonds—Guaranty fund
assets may be transferred to county general fund—When.
(1) Any county maintaining a local improvement guaranty
fund under this chapter, upon certification by the county treasurer that the local improvement guaranty fund has sufficient
funds currently on hand to meet all valid outstanding obligations of the fund and all other obligations of the fund reasonably expected to be incurred in the near future, may by ordinance transfer assets from such fund to its general fund. The
net cash of the local improvement guaranty fund may be
reduced by such transfer to an amount not less than five per(2008 Ed.)
County Road Improvement Districts
cent of the net outstanding obligations guaranteed by such
fund.
(2) If, at any time within five years of any transfer of
assets from the local improvement guaranty fund to the general fund of the county, the net cash of the local improvement
guaranty fund is reduced below the minimum amount specified in subsection (1) of this section, the county shall, to the
extent of the amount transferred, pay valid claims against the
local improvement guaranty fund as a general obligation of
the county. In addition, such county shall pay all reasonable
costs of collection necessarily incurred by the holders of
valid claims against the local improvement guaranty fund.
[1991 c 245 § 12.]
36.88.240 Improvement bonds—Repay ment
restricted to special funds—Remedies of bond owner—
Notice of restrictions. The owner of any bond or warrant
issued under the provisions of this chapter shall not have any
claim therefor against the county by which the same is issued,
except for payment from the special assessments made for
the improvement for which said bond or warrant was issued
and except as against the improvement guaranty fund of such
county, and the county shall not be liable to any owner of
such bond or warrant for any loss to the guaranty fund occurring in the lawful operation thereof by the county. The remedy of the owner of a bond, or warrant in case of nonpayment,
shall be confined to the enforcement of any assessments
made in such road improvement district and to the guaranty
fund. In case the bonds are guaranteed in accordance herewith a copy of the foregoing part of this section shall be
plainly written, printed or engraved on each bond issued and
guaranteed hereunder. [1983 c 167 § 97; 1963 c 4 §
36.88.240. Prior: 1951 c 192 § 24.]
36.88.240
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.88.250 Improvement bonds—Remedies of bond
owners—Enforcement. If the board fails to cause any
bonds to be paid when due or to promptly collect any assessments when due, the owner of any of the bonds may proceed
in his own name to collect the assessments and foreclose the
lien thereof in any court of competent jurisdiction and shall
recover in addition to the amount of the bonds outstanding in
his name, interest thereon at five percent per annum, together
with the costs of suit, including a reasonable attorney’s fee to
be fixed by the court. Any number of owners of bonds for any
single project may join as plaintiffs and any number of the
owners of property upon which the assessments are liens may
be joined as defendants in the same suit. [1963 c 4 §
36.88.250. Prior: 1951 c 192 § 25.]
36.88.250
36.88.260 Assessment where bonds issued—Payment
in installments. In all cases where the board shall issue
bonds to pay the cost and expense of any county road
improvement district and shall provide that the whole or any
part of the cost and expense shall be assessed against the lots,
tracts, parcels of land, and other property therein, the resolution levying such assessment shall provide that the sum
charged thereby against each lot, tract, or parcel of land or
any portion of said sum may be paid during the thirty day
36.88.260
(2008 Ed.)
36.88.290
period provided for in RCW 36.88.270 and that thereafter the
sum remaining unpaid may be paid in equal annual installments, the number of which installments shall be less by two
than the number of years which the bonds issued to pay for
the improvement may run. Interest upon all unpaid installments shall be charged at a rate fixed by said resolution. Each
year such installments together with interest due thereon shall
be collected in the manner provided in the resolution for the
collection of the assessments. [1963 c 4 § 36.88.260. Prior:
1951 c 192 § 26.]
36.88.270 Assessment where bonds issued—Payment
in cash—Notice of assessment. The owner of any lot, tract,
or parcel of land, or other property charged with any such
assessments may redeem the same from all or any portion of
the liability for the cost and expense of such improvement by
paying the entire assessment or any portion thereof charged
against such lot, tract, or parcel of land without interest
within thirty days after notice to him of such assessment,
which notice shall be given as follows: The county treasurer
shall, as soon as the assessment roll has been placed in his
hands for collection, publish a notice for two consecutive
daily or weekly issues in the official newspaper of the county
in which the district is located, which notice shall state that
the assessment roll is in his hands for collection and that any
assessment thereon or any portion of such assessment may be
paid at any time within thirty days from the date of the first
publication of said notice without penalty interest or costs.
[1963 c 4 § 36.88.270. Prior: 1951 c 192 § 27.]
36.88.270
36.88.280 Assessment where bonds issued—Payment
in cash during installment period—Duties of county treasurer—Use of funds. The owners of any lot, tract, or parcel
of land may save the same from all liability for the unpaid
amount of the assessment, at any time after the thirty-day
period herein provided for their payment without interest, by
paying the entire amount or all installments on said assessment together with all interest due to the date of maturity of
any installment next falling due. All such payments shall be
made to the county treasurer whose duty it shall be to collect
all assessments under this chapter and all sums so paid or collected shall be applied solely to the payment of the cost and
expense of the district and payment of principal and/or interest of any bonds issued. [1963 c 4 § 36.88.280. Prior: 1951
c 192 § 28.]
36.88.280
36.88.290 Limitation of actions. An action to collect
any special assessment or installment thereof for road
improvements, or to enforce the lien of any such assessment
or installment, whether such action be brought by the county
or by the holder of any certificate of delinquency, or by any
other person having the right to bring such action, shall be
commenced within ten years after such assessment shall have
become delinquent or within ten years after the last installment of any such assessment shall have become delinquent,
when said special assessment is payable in installments.
Actions to set aside or cancel any deed issued after midnight, June 6, 1951, upon the sale of property for road
improvement assessments, or for the recovery of property
sold for delinquent road improvement assessments must be
36.88.290
[Title 36 RCW—page 273]
36.88.295
Title 36 RCW: Counties
brought within three years from and after date of the issuance
of such deed. [1963 c 4 § 36.88.290. Prior: 1951 c 192 § 29.]
right-of-way or property that the owner of the benefited property donated or gave to the county for the improvement.
[1991 c 363 § 90.]
36.88.295 Refunding bonds—Limitations. The legislative authority of any county may issue and sell bonds to
refund outstanding road improvement district or consolidated
road improvement district bonds issued after June 7, 1984, on
the earliest date such outstanding bonds may be redeemed
following the date of issuance of such refunding bonds. Such
refunding shall be subject to the following:
(1) The refunding shall result in a net interest cost savings after paying the costs and expenses of the refunding, and
the principal amount of the refunding bonds may not exceed
the principal balance of the assessment roll or rolls pledged to
pay the bonds being refunded at the time of the refunding.
(2) The refunding bonds shall be paid from the same
local improvement fund or bond redemption fund as the
bonds being refunded.
(3) The costs and expenses of the refunding shall be paid
from the proceeds of the refunding bonds, or the same road
improvement district fund or bond redemption fund for the
bonds being refunded, except the county may advance such
costs and expenses to such fund pending the receipt of assessment payments available to reimburse such advances.
(4) The last maturity of refunding bonds shall be no later
than one year after the last maturity of bonds being refunded.
(5) The refunding bonds may be exchanged for the bonds
being refunded or may be sold in the same manner permitted
at the time of sale for road improvement district bonds.
(6) All other provisions of law applicable to the refunded
bonds shall apply to the refunding bonds. [1984 c 186 § 67.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.88.295
Purpose—1984 c 186: See note following RCW 39.46.110.
36.88.300 District costs and expenses—What to
include. Whenever any district is organized hereunder, there
shall be included in the cost and expense thereof: (1) The
cost of all of the construction or improvement authorized in
the district, including that portion of the construction or
improvement within the limits of any street or road intersection, space or spaces; (2) the estimated costs and expenses of
all engineering and surveying necessary to be done by the
county engineer or under his direction or by such other engineer as may be employed by the county commissioners; (3)
the cost of all advertising, mailing, and publishing of all
notices; (4) the cost of legal services and any other expenses
incurred by the county for the district or in the formation
thereof, or by the district in connection with such construction or improvement and in the financing thereof, including
the issuance of any bonds. [1963 c 4 § 36.88.300. Prior:
1951 c 192 § 30.]
36.88.300
36.88.305 District costs and expenses—Credit or
reduction of assessments. At its option, a county may
include the value of right-of-way or property that is donated
or given to the county for purposes of an improvement to be
financed by a road improvement district, together with the
costs of acquiring other rights-of-way or property for the
improvement that was not donated or given to the county, in
the costs of the improvement and credit or reduce the assessments imposed on benefited property for the value of the
36.88.305
[Title 36 RCW—page 274]
36.88.310 Acquisition of property—Eminent
domain. All land, premises or property necessary for rightof-way or other purposes in the construction or improvement
of any county road, including bridges, sidewalks, curbs and
gutters and the drainage facilities therefor, under this chapter
may be acquired by the county acting through its board of
county commissioners, either by gift, purchase or by condemnation. In the event of any exercise of the power of eminent domain, the procedure shall be the same as is provided
by law for the securing of right-of-way for county roads. The
title to all property acquired for any construction or improvement under this chapter shall be taken in the name of the
county. The county commissioners in any eminent domain
action brought to secure any property for construction or
improvement under this chapter may pay any final judgment
entered in such action with county road funds and take possession of the particular property condemned. In the event of
any such payment the county commissioners may require that
the county road fund be reimbursed out of the particular
county road improvement fund of the district for which the
property was acquired. [1963 c 4 § 36.88.310. Prior: 1951 c
192 § 31.]
36.88.310
36.88.320 Construction or improvement—Supervision—Contracts—Standards. All construction or improvement performed under this chapter shall be under the direction of the board of county commissioners, acting by and
through the county road engineer, or such other engineer as
the board of county commissioners shall designate. Contracts
let and/or work performed upon all construction or improvement hereunder shall be in accordance with the laws pertaining to work upon county roads. The construction and
improvement standards of the respective counties for engineering and performance of work, shall apply to all construction or improvement under this chapter. [1963 c 4 §
36.88.320. Prior: 1951 c 192 § 32.]
36.88.320
36.88.330 Warrants—Issuance—Priority—Acceptance. The board may provide by resolution for the issuance
of warrants in payment of the costs and expenses of any
project, payable out of the county road improvement fund.
The warrants shall be redeemed either in cash or by bonds for
the same project authorized by the resolution.
All warrants issued against any such improvement fund
shall be claims and liens against said fund prior and superior
to any right, lien or claim of any surety upon the bond given
to the county by or for the contract to secure the performance
of his contract or to secure the payment of persons who have
performed work thereon, furnished materials therefor, or furnished provisions and supplies for the carrying on of the
work.
The county treasurer may accept warrants against any
county road improvement fund upon such conditions as the
board may prescribe in payment of: (1) Assessments levied
36.88.330
(2008 Ed.)
County Road Improvement Districts
to supply that fund in due order of priority; (2) judgments
rendered against property owners who have become delinquent in the payment of assessments to that fund; and (3) certificates of purchase in cases where property of delinquents
has been sold under execution or at tax sale for failure to pay
assessments levied to supply that fund. [1980 c 100 § 6; 1963
c 4 § 36.88.330. Prior: 1951 c 192 § 33.]
36.88.340
36.88.340 Participation of county road fund—
Arrangements with other public agencies, private utilities. Except as they may establish continuing guaranty fund
requirements, the board of county commissioners shall be the
sole judges as to the extent of county road fund participation
in any project under this chapter and the decisions of the
board shall be final; the said board may receive grants from
or contract with any other county, municipal corporation,
public agency or the state or federal government in order to
effect any construction or improvement hereunder, including
the construction, installation, improvement, operation, maintenance of and furnishing electric energy for any street and
road lighting system, and to effect the construction, installation, improvement, operation and maintenance of and furnishing electric energy for any such street and road lighting
system, may contract with any private utility corporation.
[1963 c 4 § 36.88.340. Prior: 1953 c 152 § 2; 1951 c 192 §
34.]
36.88.350
36.88.350 Maintenance—Expense. After the completion of any construction or improvement under this chapter,
all maintenance thereof shall be performed by the county at
the expense of the county road fund, excepting furnishing
electric energy for and operating and maintaining street and
road lighting systems: PROVIDED, That maintenance of
canal protection improvements may, at the option of the
board of commissioners of the county, be required of the irrigation, drainage, flood control, or other district, agency, person, corporation, or association maintaining the canal or
ditch. If such option is exercised reimbursement must be
made by the county for all actual costs of such maintenance.
[1963 c 4 § 36.88.350. Prior: 1959 c 75 § 8; 1953 c 152 § 3;
1951 c 192 § 35.]
36.88.360
36.88.360 State, county, school, municipal corporation lands—Assessment—Recipients of notices, ballots.
Lands owned by the state, county, school district or any
municipal corporation may be assessed and charged for road
improvements authorized under this chapter in the same manner and subject to the same conditions as provided by law for
assessments against such property for local improvements in
cities and towns.
All notices and ballots provided for herein affecting state
lands shall be sent to the department of natural resources
whose designated agent is hereby authorized to sign petitions
or ballots on behalf of the state. In the case of counties or
municipal or quasi municipal bodies notices and ballots shall
be sent to the legislative authority of said counties or municipality and petitions or ballots shall be signed by the officer
duly empowered to act by said legislative authority. [1963 c
4 § 36.88.360. Prior: 1951 c 192 § 36.]
(2008 Ed.)
36.88.390
36.88.370 Signatures on petitions, ballots, objections—Determining sufficiency. Wherever herein petitions, ballots or objections are required to be signed by the
owners of property, the following rules shall govern the sufficiency thereof: (1) The signature of the record owner as
determined by the records of the county auditor shall be sufficient without the signature of his or her spouse; (2) in the
case of mortgaged property, the signature of the mortgagor
shall be sufficient; (3) in the case of property purchased on
contract the signature of the contract purchaser shall be
deemed sufficient; (4) any officer of a corporation owning
land in the district duly authorized to execute deeds or
encumbrances on behalf of the corporation may sign on
behalf of such corporation: PROVIDED, That there shall be
attached to the ballot or petition a certified excerpt from the
bylaws showing such authority; (5) if any property in the district stands in the name of a deceased person or any person for
whom a guardian has been appointed, the signature of the
executor, administrator or guardian as the case may be shall
be equivalent to the signature of the owner of the property.
[1963 c 84 § 6; 1963 c 4 § 36.88.370. Prior: 1951 c 192 § 37.]
36.88.370
36.88.375 Consolidated road improvement districts—Establishment—Bonds. For the purpose of issuing
bonds only, the governing body of any county may authorize
the establishment of consolidated road improvement districts.
The road improvements within such consolidated districts
need not be adjoining, vicinal, or neighboring. If the governing body orders the creation of such consolidated road
improvement districts, the money received from the installment payments of the principal of and interest on assessments
levied within original road improvement districts shall be
deposited in a consolidated road improvement district bond
redemption fund to be used to redeem outstanding consolidated road improvement district bonds. The issuance of
bonds of a consolidated road improvement district shall not
change the number of assessment installments in the original
road improvement districts, but such bonds shall run two
years longer than the longest assessment installment of such
original districts. [1981 c 313 § 19.]
36.88.375
Reviser’s note: 1981 c 313 § 19 directed that this section be placed in
chapter 36.89 RCW. Since this placement appears inappropriate, this section
has been codified as part of chapter 36.88 RCW.
Severability—1981 c 313: See note following RCW 36.94.020.
36.88.380 Safeguarding open canals or ditches—
Assessments and benefits. Whenever a county road
improvement district is established for the safeguarding of
open canals or ditches as authorized by RCW 36.88.015 the
rate of assessment per square foot in the district may be determined by any one of the methods provided in chapter 35.44
RCW for similar improvements in cities or towns, and the
land specially benefited by such improvements shall be the
same as provided in chapter 35.43 RCW for similar improvements in cities or towns. [1963 c 4 § 36.88.380. Prior: 1959
c 75 § 5.]
36.88.380
36.88.390 Safeguarding open canals or ditches—
Authority. Every county shall have the right of entry upon
every irrigation, drainage, or flood control canal or ditch
right-of-way within its boundaries for all purposes necessary
36.88.390
[Title 36 RCW—page 275]
36.88.400
Title 36 RCW: Counties
to safeguard the public from the hazards of open canals or
ditches, including the right to clean such canals or ditches to
prevent their flooding adjacent lands, and the right to cause to
be constructed and maintained on such rights-of-way or adjacent thereto safeguards as authorized by RCW 36.88.015:
PROVIDED, That such safeguards must not unreasonably
interfere with maintenance of the canal or ditch or with the
operation thereof. [1963 c 4 § 36.88.390. Prior: 1959 c 75 §
6.]
36.88.400
36.88.400 Safeguarding open canals or ditches—
Installation and construction—Costs. Any county, establishing a road improvement district for canal protection, notwithstanding any laws to the contrary, may require the district, agency, person, corporation, or association, public or
private, which operates and maintains the canal or ditch to
supervise the installation and construction of safeguards, and
must make reimbursement to said operator for all actual costs
incurred and expended. [1963 c 4 § 36.88.400. Prior: 1959 c
75 § 7.]
36.88.410
36.88.410 Underground electric and communication
facilities, installation or conversion to—Declaration of
public interest and purpose. It is hereby found and
declared that the conversion of overhead electric and communication facilities to underground facilities and the initial
underground installation of such facilities is substantially
beneficial to the public safety and welfare, is in the public
interest and is a public purpose, notwithstanding any resulting incidental private benefit to any electric or communication utility affected by such conversion or installation. [1971
ex.s. c 103 § 1; 1967 c 194 § 1.]
Severability—1967 c 194: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1967 c 194 § 9.]
Cities and towns, conversion of overhead electric and communication facilities to underground facilities: Chapter 35.96 RCW.
36.88.420
36.88.420 Underground electric and communication
facilities, installation or conversion to—Definitions. As
used in RCW 36.88.410 through 36.88.480, unless specifically defined otherwise, or unless the context indicates otherwise:
"Conversion area" means that area in which existing
overhead electric and communication facilities are to be converted to underground facilities pursuant to the provisions of
RCW 36.88.410 through 36.88.480.
"Electric utility" means any publicly or privately owned
utility engaged in the business of furnishing electric energy to
the public in all or part of the conversion area and includes
electrical companies as defined by RCW 80.04.010 and public utility districts.
"Communication utility" means any utility engaged in
the business of affording telephonic, telegraphic, cable television or other communication service to the public in all or
part of the conversion area and includes telephone companies
and telegraph companies as defined by RCW 80.04.010.
[1967 c 194 § 2.]
[Title 36 RCW—page 276]
36.88.430 Underground electric and communication
facilities, installation or conversion to—Powers of county
relating to—Contracts—County road improvement districts—Special assessments. Every county shall have the
power to contract with electric and communication utilities,
as hereinafter provided, for any or all of the following purposes:
(1) The conversion of existing overhead electric facilities to underground facilities.
(2) The conversion of existing overhead communication
facilities to underground facilities.
(3) The conversion of existing street and road lighting
facilities to ornamental street and road lighting facilities to be
served from underground electrical facilities.
(4) The initial installation, in accordance with the limitations set forth in RCW 36.88.015, or [of] ornamental street
and road lighting facilities to be served from underground
electrical facilities.
(5) The initial installation of underground electric and
communication facilities.
(6) Any combination of the improvements provided for
in this section.
To provide funds to pay the whole or any part of the cost
of any such conversion or initial installation, together with
the expense of furnishing electric energy, maintenance and
operation to any ornamental street lighting facilities served
from underground electrical facilities, every county shall
have the power to create county road improvement districts
and to levy and collect special assessments against the real
property specially benefited by such conversion or initial
installation. For the purpose of ascertaining the amount to be
assessed against each lot or parcel of land within any county
road improvement district established pursuant to RCW
36.88.410 through 36.88.480, in addition to other methods
provided by law for apportioning special benefits, the county
commissioners may apportion all or part of the special benefits accruing on a square footage basis or on a per lot basis.
That portion of the assessments levied in any county
road improvement district to pay part of the cost of the initial
installation of underground electric and communication facilities shall not exceed the cost of such installation, less the
estimated cost of constructing overhead facilities providing
equivalent service. [1971 ex.s. c 103 § 2; 1967 c 194 § 3.]
36.88.430
36.88.440 Underground electric and communication
facilities, installation or conversion to—Contracts with
electric and communication utilities—Authorized—Provisions. Every county shall have the power to contract with
electric and communication utilities for the conversion of
existing overhead electric and communication facilities to
underground facilities, for the conversion of existing street
and road lighting facilities to ornamental street and road
lighting facilities to be served from underground electrical
facilities[,] for the initial installation of ornamental street and
road lighting facilities to be served from underground electrical facilities and for the initial installation of underground
electric and communication facilities. Such contracts may
provide, among other provisions, any of the following:
(1) For the supplying and approval by the electric and
communication utilities of plans and specifications for such
conversion or installation;
36.88.440
(2008 Ed.)
County Road Improvement Districts
(2) For the payment to the electric and communication
utilities for any work performed or services rendered by it in
connection with the conversion project or installation;
(3) For the payment to the electric and communication
utilities for the value of the overhead facilities removed pursuant to the conversion;
(4) For ownership of the underground facilities and the
ornamental street and road lighting facilities by the electric
and communication utilities. [1971 ex.s. c 103 § 3; 1967 c
194 § 4.]
36.88.450 Underground electric and communication
facilities, installation or conversion to—Notice to owners
to convert service lines to underground—Objections—
Hearing—Time limitation for conversion. When service
from the underground electric and communication facilities
is available in all or part of a conversion area, the county shall
mail a notice to the owners of all structures or improvements
served from the existing overhead facilities in the area, which
notice shall state that:
(1) Service from the underground facilities is available;
(2) All electric and communication service lines from the
existing overhead facilities within the area to any structure or
improvement must be disconnected and removed within one
hundred twenty days after the date of the mailing of the
notice;
(3) Should such owner fail to convert such service lines
from overhead to underground within one hundred twenty
days after the date of the mailing of the notice, the county will
order the electric and communication utilities to disconnect
and remove the service lines;
(4) Should the owner object to the disconnection and
removal of the service lines he may file his written objections
thereto with the secretary of the board of county commissioners within one hundred twenty days after the date of the mailing of the notice and failure to so object within such time will
constitute a waiver of his right thereafter to object to such disconnection and removal.
If the owner of any structure or improvement served
from the existing overhead electric and communication facilities within a conversion area shall fail to convert to underground the service lines from such overhead facilities to such
structure or improvement within one hundred twenty days
after the mailing to him of the notice, the county shall order
the electric and communication utilities to disconnect and
remove all such service lines: PROVIDED, That if the owner
has filed his written objections to such disconnection and
removal with the secretary of the board of county commissioners within one hundred twenty days after the mailing of
said notice then the county shall not order such disconnection
and removal until after the hearing on such objections.
Upon the timely filing by the owner of objections to the
disconnection and removal of the service lines, the board of
county commissioners shall conduct a hearing to determine
whether the removal of all or any part of the service lines is in
the public benefit. The hearing shall be held at such time as
the board of county commissioners may establish for hearings on such objections and shall be held in accordance with
the regularly established procedure set by the board. The
determination reached by the board of county commissioners
36.88.450
(2008 Ed.)
36.88.470
shall be final in the absence of an abuse of discretion. [1967
c 194 § 5.]
36.88.460
36.88.460 Underground electric and communication
facilities, installation or conversion to—Utility conversion
guaranty fund—Establishment authorized—Purpose—
Deposits—Investments. Every county may establish a fund
for the purpose of guaranteeing to the extent of such fund and
in the manner hereinafter provided, the payment of its county
road improvement district bonds and warrants issued to pay
for the underground conversion of electric and communication facilities and the underground conversion or installation
of ornamental road and street lighting facilities ordered under
this chapter. If the board of county commissioners shall
determine to establish such fund it shall be designated
". . . . . . utility conversion guaranty fund" and from moneys
available such county shall deposit annually in said guaranty
fund such sums as may be necessary to establish and maintain
a balance therein equal to at least five percent of the outstanding obligations guaranteed thereby and to make necessary
provision in its annual budget therefor. The moneys held in
the guaranty fund may be invested in certificates, notes, or
bonds of the United States of America, or in state, county,
municipal or school district bonds, or in warrants of taxing
districts of the state; provided, only, that such bonds and warrants shall be general obligations. [1967 c 194 § 6.]
36.88.470
36.88.470 Underground electric and communication
facilities, installation or conversion to—Utility conversion
guaranty fund—Operation. Whenever there shall be paid
out of the guaranty fund any sum on account of principal or
interest of a county road improvement district bond or warrant, the county, as trustee for the fund, shall be subrogated to
all the rights of the owner of the bond or any interest coupon
or warrant so paid, and the proceeds thereof, or of the assessment underlying the same, shall become part of the guaranty
fund. There shall also be paid into each guaranty fund the
interest received from investments of the fund, as well as any
surplus remaining in any county road improvement fund
guaranteed hereunder after the payment of all outstanding
bonds or warrants payable primarily out of such utility conversion county road improvement district fund. Warrants
drawing interest at a rate or rates not to exceed the rate determined by the county legislative authority shall be issued, as
other warrants are issued by the county, against the guaranty
fund to meet any liability accruing against it, and at the time
of making its annual budget and tax levy the county shall provide from funds available for the deposit in the guaranty fund
of a sum sufficient with other resources of such fund to pay
warrants so issued during the preceding fiscal year. As
among the several issues of bonds or warrants guaranteed by
the fund no preference shall exist, but defaulted bonds, interest payments, and warrants shall be purchased out of the fund
in the order of their presentation.
Every county establishing a guaranty fund for utility
conversion road improvement district bonds or warrants shall
prescribe by resolution appropriate rules and regulations for
the maintenance and operation of such guaranty fund not
inconsistent herewith. So much of the money of a guaranty
fund as is necessary may be used to purchase underlying
[Title 36 RCW—page 277]
36.88.480
Title 36 RCW: Counties
bonds or warrants guaranteed by the fund, or to purchase certificates of delinquency for general taxes on property subject
to local improvement assessments, or to purchase such property at tax foreclosures, for the purpose of protecting the
guaranty fund. The fund shall be subrogated to the rights of
the county and the county, acting on behalf of the fund, may
foreclose the lien of general tax certificates of delinquency
and purchase the property at the foreclosure sale for the
account of said fund. Whenever the legislative authority of
any county shall so cause a lien of general tax certificates of
delinquency to be foreclosed and the property to be so purchased at a foreclosure sale, the court costs and costs of publication and expenses for clerical work and/or other expense
incidental thereto, shall be chargeable to and payable from
the guaranty fund. After so acquiring title to real property, a
county may lease or sell and convey the same at public or private sale for such price and on such terms as may be determined by resolution of the county legislative authority, and
all proceeds resulting from such sales shall belong to and be
paid into the guaranty fund. [1983 c 167 § 98; 1981 c 156 §
13; 1967 c 194 § 7.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.88.480 Underground electric and communication
facilities, installation or conversion to—Applicability of
general provisions relating to county road improvement
districts. Unless otherwise provided in RCW 36.88.410
through 36.88.480, the general provisions relating to county
road improvement districts shall apply to local improvements
authorized by RCW 36.88.410 through 36.88.480. [1967 c
194 § 8.]
36.88.480
36.88.485 Underground electric and communication
facilities, installation or conversion to—Recording of
underground utility installations. All installations of
underground utilities made on and after August 9, 1971 shall
be recorded on an "as constructed" map and filed with the
county engineer of the county in which the underground utilities are installed. [1971 ex.s. c 103 § 4.]
36.88.485
Chapter 36.89 RCW
HIGHWAYS—OPEN SPACES—PARKS—OTHER
PUBLIC FACILITIES—STORM WATER CONTROL
Chapter 36.89
Sections
36.89.010
36.89.020
36.89.030
36.89.040
36.89.042
36.89.050
36.89.060
36.89.062
36.89.065
36.89.080
36.89.085
36.89.092
36.89.093
Definitions.
Purpose.
Authority to establish, acquire, develop, construct, and
improve highways, open spaces, parks, etc.
Issuance of general obligation bonds—Proposition submitted
to voters.
Issuance of general obligation bonds—Payment from revenue—Additional method.
Participation by other governmental agencies.
Powers and authority are supplemental.
Power and authority of counties are supplemental.
Lien for delinquent charges.
Storm water control facilities—Rates and charges—Limitations—Use.
Storm water control facilities—Public property subject to rates
and charges.
Storm water control facilities—Alternative interest rate on
delinquent charges.
Storm water control facilities—Alternative procedures for lien
on delinquent charges.
[Title 36 RCW—page 278]
36.89.094
36.89.100
36.89.110
36.89.120
36.89.130
36.89.900
36.89.910
36.89.911
Storm water control facilities—Alternative foreclosure procedures on lien on delinquent charges.
Storm water control facilities—Revenue bonds.
Storm water control facilities—Utility local improvement districts—Assessments.
Storm water control facilities—Annexation, incorporation of
area by city or town—Imposition of rates and charges by
county.
Cooperative watershed management.
Effective date—1967 c 109.
Severability—1967 c 109.
Severability—1970 ex.s. c 30.
Assessments and charges against state lands: Chapter 79.44 RCW.
36.89.010 Definitions. The words "governmental
agency" as used in this chapter mean the United States of
America, the state or any agency, subdivision, taxing district
or municipal or quasi municipal corporation thereof.
The word "highways" as used in this chapter means all
public roads, streets, expressways, parkways, scenic drives,
bridges and other public ways, including without limitation,
traffic control facilities, special lanes, turnouts or structures
in, upon, over or under such public ways for exclusive or
nonexclusive use by public transit vehicles, and landscaping,
visual and sound buffers between such public ways and adjacent properties.
The words "open space, park, recreation and community
facilities" as used in this chapter mean any public facility,
improvement, development, property or right or interest
therein for public park, recreational, green belt, arboretum,
multi-purpose community center (as defined in RCW
35.59.010), museum, zoo, aquarium, auditorium, exhibition,
athletic, historic, scenic, viewpoint, aesthetic, ornamental or
natural resource preservation purposes.
The words "public health and safety facilities" as used in
this chapter mean any public facility, improvement, development, property or right or interest therein, made, constructed
or acquired for the purpose of protecting life from disease or
injury, enforcing the criminal and civil laws or protecting
property from damage caused by breach of law, including but
not limited to public hospitals, health laboratories, public
health clinics or service centers, custodial, correction or rehabilitation facilities, courtrooms, crime laboratories, law
enforcement equipment and facilities, training facilities for
specialized personnel, facilities for the collection, storage,
retrieval or communication of information, and mobile, support or administrative facilities, all as necessary for the foregoing purpose, or any combination of the facilities herein
described.
The words "storm water control facilities" as used in this
chapter mean any facility, improvement, development, property or interest therein, made, constructed or acquired for the
purpose of controlling, or protecting life or property from,
any storm, waste, flood or surplus waters wherever located
within the county, and shall include but not be limited to the
improvements and authority described in RCW 86.12.020
and chapters 86.13 and 86.15 RCW.
The word "county" as used in this chapter shall mean any
county of the state of Washington. [1970 ex.s. c 30 § 1; 1967
c 109 § 1.]
36.89.010
36.89.020 Purpose. The legislature finds that the open
spaces, park, recreation and community facilities, public
health and safety facilities, storm water control facilities and
36.89.020
(2008 Ed.)
Highways—Open Spaces—Parks—Other Public Facilities—Storm Water Control
highways within any county of this state, whether located
partly or wholly within or without the cities and towns of
such county are of general benefit to all of the residents of
such county. The open spaces, park, recreation and community facilities within such county provide public recreation,
aesthetic, conservation and educational opportunities and
other services and benefits accessible to all of the residents of
such county. The public health and safety facilities within
such county provide protection to life and property throughout the county, are functionally inter-related and affect the
health, safety and welfare of all the residents of such county.
The storm water control facilities within such county provide
protection from storm water damage for life and property
throughout the county, generally require planning and development over the entire drainage basins, and affect the prosperity, interests and welfare of all the residents of such
county. The highways within such county, whether under the
general control of the county or the state or within the limits
of any incorporated city or town, provide an inter-connected
system for the convenient and efficient movement of people
and goods within such county. The use of general county
funds for the purpose of acquisition, development, construction, or improvement of open space, park, recreation and
community facilities, public health and safety facilities,
storm water control facilities, or highways or to participate
with any governmental agency to perform such purposes
within such county pursuant to this chapter is hereby declared
to be a strictly county purpose. [1970 ex.s. c 30 § 2; 1967 c
109 § 2.]
36.89.030 Authority to establish, acquire, develop,
construct, and improve highways, open spaces, parks, etc.
Counties are authorized to establish, acquire, develop, construct, and improve open space, park, recreation, and community facilities, public health and safety facilities, storm water
control facilities, and highways or any of them pursuant to
the provisions of this chapter within and without the cities
and towns of the county and for such purposes have the
power to acquire lands, buildings and other facilities by gift,
grant, purchase, condemnation, lease, devise, and bequest, to
construct, improve, or maintain buildings, structures, and
facilities necessary for such purposes, and to use and develop
for such purposes the air rights over and the subsurface rights
under any highway. The approval of the state department of
transportation shall be first secured for such use and development of any state highway. For visual or sound buffer purposes the county shall not acquire by condemnation less than
an owner’s entire interest or right in the particular real property to be so acquired if the owner objects to the taking of a
lesser interest or right. [1984 c 7 § 42; 1970 ex.s. c 30 § 3;
1967 c 109 § 3.]
36.89.030
Severability—1984 c 7: See note following RCW 47.01.141.
Acquisition of interests in land for conservation, protection, preservation, or
open space purposes by counties: RCW 64.04.130.
Flood control, county powers: RCW 86.12.020.
36.89.040 Issuance of general obligation bonds—
Proposition submitted to voters. To carry out the purposes
of this chapter counties shall have the power to issue general
obligation bonds within the limitations now or hereafter pre36.89.040
(2008 Ed.)
36.89.040
scribed by the Constitution and laws of this state. Such general obligation bonds shall be issued and sold as provided in
chapter 39.46 RCW.
The question of issuance of bonds for any undertaking
which relates to a number of different highways or parts
thereof, whether situated wholly or partly within the limits of
any city or town within the county, and whether such bonds
are intended to supply the whole expenditure or to participate
therein, may be submitted to the voters of the county as a single proposition. If the county legislative authority in submitting a proposition relating to different highways or parts
thereof declare that such proposition has for its object the furtherance and accomplishment of the construction of a system
of connected public highways within such county and constitutes a single purpose, such declaration shall be presumed to
be correct and upon the issuance of the bonds the presumption shall become conclusive.
The question of the issuance of bonds for any undertaking which relates to a number of different open spaces, park,
recreation and community facilities, whether situated wholly
or partly within the limits of any city or town within the
county, and whether such bonds are intended to supply the
whole expenditure or to participate therein may be submitted
to the voters as a single proposition. If the county legislative
authority in submitting a proposition relating to different
open spaces, park, recreation and community facilities
declare that such proposition has for its object the furtherance, accomplishment or preservation of an open space, park,
recreation and community facilities system available to, and
for the benefit of, all the residents of such county and constitutes a single purpose, such declaration shall be presumed to
be correct and upon the issuance of the bonds the presumption shall become conclusive.
The question of the issuance of bonds for any undertaking which relates to a number of different public health and
safety facilities, whether situated wholly or partly within the
limits of any city or town within the county, and whether such
bonds are intended to supply the whole expenditure or to participate therein may be submitted to the voters as a single
proposition. If the county legislative authority in submitting a
proposition relating to different public health and safety facilities declare that such proposition has for its object the furtherance or accomplishment of a system of public health and
safety facilities for the benefit of all the residents of such
county and constitutes a single purpose, such declaration
shall be presumed to be correct and upon the issuance of the
bonds the presumption shall become conclusive.
The question of the issuance of bonds for any undertaking which relates to a number of different storm water control
facilities, whether situated wholly or partly within the limits
of any city or town within the county, and whether such
bonds are intended to supply the whole expenditure or to participate therein may be submitted to the voters as a single
proposition. If the county legislative authority in submitting a
proposition relating to different storm water control facilities
declares that such proposition has for its object the furtherance, accomplishment or preservation of a storm water control facilities system for the benefit of all the residents of such
county and constitutes a single purpose, such declaration
shall be presumed to be correct and upon the issuance of the
bonds the presumption shall become conclusive.
[Title 36 RCW—page 279]
36.89.042
Title 36 RCW: Counties
Elections shall be held as provided in RCW 39.36.050.
[1984 c 186 § 34; 1983 c 167 § 99; 1970 ex.s. c 30 § 4; 1967
c 109 § 4.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.89.042 Issuance of general obligation bonds—
Payment from revenue—Additional method. In issuing
general obligation bonds at any time after February 20, 1970
for the purpose of providing all or part of the cost and
expense of planning and design, establishing, acquiring,
developing, constructing or improving the county capital purposes authorized by this chapter and RCW 86.12.020, the
board of county commissioners may provide that such bonds
also be made payable from any otherwise unpledged revenue
which may be derived from the ownership or operation of any
such properties or facilities. [1970 ex.s. c 30 § 6.]
36.89.060 Powers and authority are supplemental.
The powers and authority conferred upon governmental
agencies under the provisions of this chapter, shall be construed as in addition and supplemental to powers or authority
conferred by any other law, and nothing contained herein
shall be construed as limiting any other powers or authority
of such governmental agencies. [1967 c 109 § 6.]
36.89.060
36.89.042
36.89.050 Participation by other governmental agencies. A county may finance, acquire, construct, develop,
improve, maintain and operate any open space, park, recreation and community facilities, public health and safety facilities, storm water control facilities and highways authorized
by this chapter either solely or in conjunction with one or
more governmental agencies. Any governmental agency is
authorized to participate in such financing, acquisition, construction, development, improvement, use, maintenance and
operation and to convey, dedicate or lease any lands, properties or facilities to any county for the purposes provided in
this chapter and RCW 86.12.020, on such terms as may be
fixed by agreement between the respective governing commissions or legislative bodies without submitting the matter
to a vote of the electors unless the provisions of general law
applicable to the incurring of public indebtedness shall
require such submission.
No county shall proceed under the authority of this chapter to construct or improve any storm water control facility or
highway or part thereof lying within the limits of a city or
town except with the prior consent of such city or town. By
agreement between their respective legislative bodies, cities,
towns and counties may provide that upon completion of any
storm water control facility or highway or portion thereof
constructed pursuant to this chapter within any city or town,
the city or town shall accept the same for maintenance and
operation and that such storm water control facility or highway or portion thereof shall thereupon become a part of the
respective storm water control facility or highway system of
the city or town.
A county may transfer to any other governmental agency
the ownership, operation and maintenance of any open space,
park, recreation and community facility acquired by the
county pursuant to this chapter, which lies wholly or partly
within such governmental agency, pursuant to an agreement
entered into between the legislative bodies of the county and
such governmental agency: PROVIDED, That such transfer
shall be subject to the condition that either such facility shall
continue to be used for the same purposes or that other equivalent facilities within the county shall be conveyed to the
county in exchange therefor. [1970 ex.s. c 30 § 5; 1967 c 109
§ 5.]
36.89.050
[Title 36 RCW—page 280]
36.89.062 Power and authority of counties are supplemental. The power and authority conferred upon counties
by this chapter and RCW 86.12.020 shall be in addition and
supplemental to those already granted and shall not limit any
other powers or authority of such counties. [1970 ex.s. c 30
§ 13.]
36.89.062
36.89.065 Lien for delinquent charges. The county
shall have a lien for delinquent charges, including interest,
penalties, and costs of foreclosure thereon, against any property against which they were levied for the purposes authorized by this chapter, which lien shall be superior to all other
liens and encumbrances except general taxes and local and
special assessments. Such lien shall be effective upon the
charges becoming delinquent and shall be enforced and foreclosed in the same manner as provided for sewerage liens of
cities and towns by RCW 35.67.200 through 35.67.290.
However, a county may, by resolution or ordinance, adopt all
or any part of the alternative interest rate, lien, and foreclosure procedures as set forth in RCW 36.89.092 through
36.89.094 or 36.94.150, or chapters 84.56, 84.60, and 84.64
RCW. [2007 c 295 § 4; 1991 c 36 § 1; 1987 c 241 § 1; 1970
ex.s. c 30 § 8. Formerly RCW 36.89.090.]
36.89.065
36.89.080 Storm water control facilities—Rates and
charges—Limitations—Use. (1) Subject to subsections (2)
and (3) of this section, any county legislative authority may
provide by resolution for revenues by fixing rates and
charges for the furnishing of service to those served or receiving benefits or to be served or to receive benefits from any
storm water control facility or contributing to an increase of
surface water runoff. In fixing rates and charges, the county
legislative authority may in its discretion consider:
(a) Services furnished or to be furnished;
(b) Benefits received or to be received;
(c) The character and use of land or its water runoff characteristics;
(d) The nonprofit public benefit status, as defined in
RCW 24.03.490, of the land user;
(e) Income level of persons served or provided benefits
under this chapter, including senior citizens and disabled persons; or
(f) Any other matters which present a reasonable difference as a ground for distinction.
(2) The rate a county may charge under this section for
storm water control facilities shall be reduced by a minimum
of ten percent for any new or remodeled commercial building
that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the
available roof surface of the building. The jurisdiction shall
consider rate reductions in excess of ten percent dependent
upon the amount of rainwater harvested.
36.89.080
(2008 Ed.)
Highways—Open Spaces—Parks—Other Public Facilities—Storm Water Control
(3) Rates and charges authorized under this section may
not be imposed on lands taxed as forest land under chapter
84.33 RCW or as timber land under chapter 84.34 RCW.
(4) The service charges and rates collected shall be
deposited in a special fund or funds in the county treasury to
be used only for the purpose of paying all or any part of the
cost and expense of maintaining and operating storm water
control facilities, all or any part of the cost and expense of
planning, designing, establishing, acquiring, developing,
constructing and improving any of such facilities, or to pay or
secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for such purpose.
[2003 c 394 § 3; 1998 c 74 § 1; 1995 c 124 § 1; 1970 ex.s. c
30 § 7.]
Sewerage, water, and drainage systems: Chapter 36.94 RCW.
36.89.085
36.89.085 Storm water control facilities—Public
property subject to rates and charges. Except as otherwise
provided in RCW 90.03.525, any public entity and public
property, including the state of Washington and state property, shall be subject to rates and charges for storm water control facilities to the same extent private persons and private
property are subject to such rates and charges that are
imposed by counties pursuant to RCW 36.89.080. In setting
these rates and charges, consideration may be made of inkind services, such as stream improvements or donation of
property. [1986 c 278 § 57; 1983 c 315 § 3.]
36.89.120
36.89.100 Storm water control facilities—Revenue
bonds. (1) Any county legislative authority may authorize
the issuance of revenue bonds to finance any storm water
control facility. Such bonds may be issued by the county legislative authority in the same manner as prescribed in RCW
36.67.510 through 36.67.570. Such bonds may be in any
form, including bearer bonds or registered bonds as provided
in RCW 39.46.030.
Each revenue bond shall state on its face that it is payable
from a special fund, naming such fund and the resolution creating the fund.
Revenue bond principal, interest, and all other related
necessary expenses shall be payable only out of the appropriate special fund or funds. Revenue bonds shall be payable
from the revenues of the storm water control facility being
financed by the bonds, a system of these facilities and, if so
provided, from special assessments, installments thereof, and
interest and penalties thereon, levied in one or more utility
local improvement districts authorized by *this 1981 act.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 100; 1981 c 313 § 20; 1970 ex.s.
c 30 § 9.]
36.89.100
*Reviser’s note: For codification of "this 1981 act" [1981 c 313], see
Codification Tables, Volume 0.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—1981 c 313: See note following RCW 36.94.020.
Severability—1986 c 278: See note following RCW 36.01.010.
Severability—1983 c 315: See note following RCW 90.03.500.
Flood control zone districts—Storm water control improvements: Chapter
86.15 RCW.
Rates and charges for storm water control facilities—Limitations—Definitions: RCW 90.03.500 through 90.03.525. See also RCW 35.67.025,
35.92.021, and 36.94.145.
36.89.092
36.89.092 Storm water control facilities—Alternative interest rate on delinquent charges. Any county may
provide, by resolution or ordinance, that delinquent storm
water service charges bear interest at a rate of twelve percent
per annum, computed on a monthly basis, in lieu of the interest rate provided for in RCW 35.67.200. [1987 c 241 § 2.]
36.89.093
36.89.093 Storm water control facilities—Alternative procedures for lien on delinquent charges. Any
county may, by resolution or ordinance, provide that the
storm water service charge lien shall be effective for a total
not to exceed one year’s delinquent service charges without
the necessity of any writing or recording of the lien with the
county auditor, in lieu of the provisions provided for in RCW
35.67.210. [1987 c 241 § 3.]
36.89.094
36.89.094 Storm water control facilities—Alternative foreclosure procedures on lien on delinquent charges.
Any county may, by resolution or ordinance, provide that an
action to foreclose a storm water service charge lien may be
commenced after three years from the date storm water service charges become delinquent, in lieu of the provisions provided for in RCW 35.67.230. [1987 c 241 § 4.]
(2008 Ed.)
36.89.110 Storm water control facilities—Utility
local improvement districts—Assessments. A county may
create utility local improvement districts for the purpose of
levying and collecting special assessments on property specially benefited by one or more storm water control facilities.
The provisions of RCW 36.94.220 through 36.94.300 concerning the formation of utility local improvement districts
and the fixing, levying, collecting and enforcing of special
assessments apply to utility local improvement districts
authorized by this section. [1981 c 313 § 21.]
36.89.110
Severability—1981 c 313: See note following RCW 36.94.020.
36.89.120 Storm water control facilities—Annexation, incorporation of area by city or town—Imposition
of rates and charges by county. Whenever a city or town
annexes an area, or a city or town incorporates an area, and
the county has issued revenue bonds or general obligation
bonds to finance storm water control facilities that are payable in whole or in part from rates or charges imposed in the
area, the county shall continue imposing all portions of the
rates or charges that are allocated to payment of the debt service on bonds in that area after the effective date of the
annexation or official date of the incorporation until: (1) The
debt is retired; (2) any debt that is issued to refinance the
underlying debt is retired; or (3) the city or town reimburses
the county amount that is sufficient to retire that portion of
the debt borne by the annexed or incorporated area. The
county shall construct all facilities included in the storm
water plan intended to be financed by the proceeds of such
bonds. If the county provides storm water management services to the city or town by contract, the contract shall con36.89.120
[Title 36 RCW—page 281]
36.89.130
Title 36 RCW: Counties
sider the value of payments made by property owners to the
county for the payment of debt service.
The provisions of this section apply whether or not the
bonds finance facilities that are geographically located within
the area that is annexed or incorporated. [1993 c 361 § 1.]
36.89.130 Cooperative watershed management. In
addition to the authority provided in RCW 36.89.030, a
county may, as part of maintaining a system of storm water
control facilities, participate in and expend revenue on cooperative watershed management actions, including watershed
management partnerships under RCW 39.34.210 and other
intergovernmental agreements, for purposes of water supply,
water quality, and water resource and habitat protection and
management. [2003 c 327 § 10.]
36.89.130
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
36.89.900 Effective date—1967 c 109. This chapter
shall take effect on June 9, 1967. [1967 c 109 § 9.]
36.89.900
36.89.910 Severability—1967 c 109. If any provision
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected. [1967 c 109 § 7.]
36.89.910
36.89.911 Severability—1970 ex.s. c 30. If any provision of this 1970 amendatory act or its application to any person or circumstance is held invalid, the remainder of this
1970 amendatory act or the application of the provision to
other persons or circumstances shall not be affected. [1970
ex.s. c 30 § 12.]
36.89.911
Chapter 36.90
Chapter 36.90 RCW
SOUTHWEST WASHINGTON FAIR
Sections
36.90.010
36.90.020
36.90.030
36.90.040
36.90.050
36.90.070
Control of property.
Fair commission abolished—Rights, duties, and obligations
devolved upon Lewis county commissioners—Property
vested in Lewis county.
Administration of fair—Appointment of designee or commission—Organization of commission—Funds.
Fair deemed county and district fair and agricultural fair.
Acquisition, improvement, control of property.
Conveyance of property to Lewis county for fair purposes.
36.90.010 Control of property. The property of the
Southwest Washington Fair Association including the buildings and structures thereon, as constructed or as may be built
or constructed from time to time, or any alterations or additions thereto, shall be under the jurisdiction of Lewis county.
That property will be under the management and control of
the board of county commissioners of Lewis county or that
board’s designee. [1998 c 107 § 1; 1973 1st ex.s. c 97 § 1;
1963 c 4 § 36.90.010. Prior: 1913 c 47 § 2; RRS § 2746.]
36.90.010
Severability—1973 1st ex.s. c 97: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1973 1st ex.s. c 97 § 8.]
[Title 36 RCW—page 282]
36.90.020 Fair commission abolished—Rights,
duties, and obligations devolved upon Lewis county commissioners—Property vested in Lewis county. The southwest Washington fair commission heretofore established and
authorized under the provisions of this chapter is abolished
and all rights, duties and obligations of such commission is
devolved upon the board of county commissioners of Lewis
county and title to or all interest in real estate, choses in
action and all other assets, including but not limited to assignable contracts, cash, deposits in county funds (including any
interest or premiums thereon), equipment, buildings, facilities, and appurtenances thereto held as of the date of passage
of this 1973 amendatory act by or for the commission shall,
on *the effective date of this 1973 amendatory act vest in
Lewis county. [1973 1st ex.s. c 97 § 2; 1963 c 4 § 36.90.020.
Prior: 1959 c 34 § 1; 1913 c 47 § 3; RRS § 2747; prior: 1909
c 237 § 4.]
36.90.020
*Reviser’s note: "the effective date of this 1973 amendatory act" [1973
1st ex.s. c 97] was July 16, 1973.
Severability—1973 1st ex.s. c 97: See note following RCW 36.90.010.
36.90.030 Administration of fair—Appointment of
designee or commission—Organization of commission—
Funds. The board of county commissioners in the county of
Lewis as administrators of all property relating to the southwest Washington fair may elect to appoint either (1) a designee, whose operation and funds the board may control and
oversee, to carry out the board’s duties and obligations as set
forth in RCW 36.90.020, or (2) a commission of citizens to
advise and assist in carrying out such fair. The chairman of
the board of county commissioners of Lewis county may
elect to serve as chairman of any such commission. Such
commission may elect a president and secretary and define
their duties and fix their compensation, and provide for the
keeping of its records. The commission may also designate
the treasurer of Lewis county as fair treasurer. The funds
relating to fair activities shall be kept separate and apart from
the funds of Lewis county, but shall be deposited in the regular depositaries of Lewis county and all interest earned
thereby shall be added to and become a part of the funds. Fair
funds shall be audited as are other county funds. [1998 c 107
§ 2; 1973 1st ex.s. c 97 § 3; 1963 c 4 § 36.90.030. Prior: 1913
c 47 § 4; RRS § 2748.]
36.90.030
Severability—1973 1st ex.s. c 97: See note following RCW 36.90.010.
36.90.040 Fair deemed county and district fair and
agricultural fair. The southwest Washington fair shall be
deemed a county and district fair for the purposes of chapter
15.76 RCW as well as an agricultural fair for the purpose of
receiving allocations of funds under RCW 15.76.140 through
15.76.165. [1973 1st ex.s. c 97 § 4; 1963 c 4 § 36.90.040.
Prior: 1913 c 47 § 5; RRS § 2749.]
36.90.040
Severability—1973 1st ex.s. c 97: See note following RCW 36.90.010.
36.90.050 Acquisition, improvement, control of
property. The Lewis county board of county commissioners
may acquire by gift, exchange, devise, lease, or purchase, real
property for southwest Washington fair purposes and may
construct and maintain temporary or permanent improvements suitable and necessary for the purpose of holding and
36.90.050
(2008 Ed.)
County Central Services Department
maintaining the southwest Washington fair. Any such property deemed surplus by the board may be (1) sold at private
sale after notice in a local publication of general circulation,
or (2) exchanged for other property after notice in a local
publication of general circulation, under Lewis county property management regulations. [1998 c 107 § 3; 1973 1st ex.s.
c 97 § 5; 1963 c 4 § 36.90.050. Prior: 1959 c 34 § 2.]
Severability—1973 1st ex.s. c 97: See note following RCW 36.90.010.
36.90.070 Conveyance of property to Lewis county
for fair purposes. Upon payment to the state of Washington
by Lewis county of the sum of one dollar, which sum shall be
deposited in the general fund when received by the treasurer
of the state of Washington, such treasurer is authorized and
directed to certify to the governor and secretary of state that
such payment has been made on the following described
property presently utilized for southwest Washington fair
purposes situated in Lewis county, Washington: "Beginning
at the intersection of the south line of section Seventeen (17)
Township Fourteen (14) North of Range Two (2) West of
W.M. with the West right-of-way line of the Somerville consent Road, and running thence North 15 degrees 20 feet East
along the West line of said Road, Eleven Hundred Forty-four
(1144) feet, thence North 2 degrees 33 feet West along the
said west line Seventy-four and four-tenths (74.4) feet,
thence west on a line parallel with the said south line of said
Section Seventeen (17) Eleven Hundred Sixty-seven and two
tenths (1167.2) feet to within one hundred fifty (150) feet to
the Center line of the Northern Pacific Railroad, thence south
16 degrees 20 feet West on a line parallel with and one hundred fifty (150) feet distant Easterly from the Center line of
the Northern Pacific Railroad Eleven Hundred and Thirtyfive and seven-tenths (1135.7) feet, thence East on a line parallel with and Eighty-seven and three-tenths (87.3) feet north
of the south line of said section seventeen (17) eight hundred
fifty-seven (857) feet, thence south 74 degrees 40 feet East
three hundred thirty (330) feet to the point of beginning, containing thirty (30) acres in Section Seventeen (17) Township
Fourteen (14) North of Range Two (2) West of W.M." and
the governor is thereby authorized and directed forthwith to
execute and the secretary of state is authorized and directed to
attest to a deed conveying said lands to Lewis county, Washington. The office of the attorney general and the commissioner of public lands shall offer any necessary assistance in
carrying out such conveyance. [1973 1st ex.s. c 97 § 6.]
36.90.070
Severability—1973 1st ex.s. c 97: See note following RCW 36.90.010.
Chapter 36.92
Chapter 36.92 RCW
COUNTY CENTRAL SERVICES DEPARTMENT
Sections
36.92.010
36.92.020
36.92.030
36.92.040
36.92.050
36.92.060
36.92.070
36.92.080
36.92.900
(2008 Ed.)
Purpose.
Definitions.
County central services department—Created—Supervisor.
Central services fund.
Comprehensive data processing use plan—Utilization of
equipment.
Appointment of assistants.
Charges for services—Duties of county treasurer.
Services limited to department.
Severability—1967 ex.s. c 103.
36.92.040
36.92.010 Purpose. The purpose of this chapter is to
provide county officials of each county with a modern
approach to the common problems encountered by said officers in accounting, record keeping, and problem solving,
thereby effectuating economies in county government.
It is further the intent of this chapter that the constitutional autonomy of the various county officers be preserved
while providing such officials with a centralized department
to perform ministerial functions for them on the most modern
and efficient machines available. [1967 ex.s. c 103 § 2.]
36.92.010
36.92.020 Definitions. As used in this chapter, the following words shall have the meanings ascribed herein:
(1) "Services department" shall mean the county central
services department, established in accordance with the provisions of this chapter.
(2) "Board" shall mean the board of county commissioners.
(3) "Automatic data processing" or "ADP" shall mean
that method of processing information using mechanical or
electronic machines, guided by predetermined instructions to
produce information in usable form, and shall include but not
be limited to electronic accounting machines, electronic data
processing machines, and computers.
(4) "Electronic accounting machines" or "EAM" shall
mean that method of ADP utilizing punch cards or unit record
equipment.
(5) "Electronic data processing" or "EDP" shall include
that system which comprises a combination of equipment or
unites to provide input of source data, storage and processing
of data and output in predetermined form, including a central
processing unit (CPU) or main frame.
(6) "Computer" shall mean any device that is capable of
solving problems and supplying results by accepting data and
performing prescribed operations. It shall include analog or
digital, general purpose or special purpose computers.
(7) "Copy" or "micro-copy" shall mean photographic,
photostatic, photomechanical or other copy process.
It is the intent of this chapter that the definitions contained in subsections (3) through (7) of this section shall be
construed in the broadest possible interpretation in order that
new and modern equipment and methods as they become
available shall be included therein. [1967 ex.s. c 103 § 3.]
36.92.020
36.92.030 County central services department—Created—Supervisor. By resolution, the board of county commissioners may create a county central services department
which shall be organized and function as any other department of the county. When a board creates a central services
department, it shall also provide for the appointment of a
supervisor to be the administrative head of such department,
subject to the supervision and control of the board, and to
serve at the pleasure of the board. The supervisor shall
receive such salary as may be prescribed by the board. In
addition, the supervisor shall be reimbursed for traveling and
other actual and necessary expenses incurred by him in the
performance of his official duties. [1967 ex.s. c 103 § 4.]
36.92.030
36.92.040 Central services fund. When a central services department is created, the board shall establish a central
services fund for the payment of all costs of conducting those
36.92.040
[Title 36 RCW—page 283]
36.92.050
Title 36 RCW: Counties
services for which such department was organized and annually budget therefor. It may make transfers into the central
services fund from the current expense fund and receive
funds for such purposes from other departments and recipients of such services. [1967 ex.s. c 103 § 5.]
36.92.050
36.92.050 Comprehensive data processing use plan—
Utilization of equipment. Services departments created
pursuant to this chapter shall initially draw a comprehensive
data processing use plan. It shall establish levels of service to
be performed by the department and shall establish levels of
service required by using agencies. Before proceeding with
purchase, lease or acquisition of the data processing equipment, the comprehensive data processing use plan shall be
adopted by the board.
When established by the board, the services department
may perform the service functions relating to accounting,
record keeping, and micro-copy by the utilization of automatic data processing and micro-copy equipment.
In relation to said equipment the services department
shall perform any ministerial services authorized by the
board and requested by the various officers and departments
of the county. In this connection, it is the intent of this chapter
that the services department be authorized to utilize such
equipment to the highest degree consistent with the purposes
of this chapter and not inconsistent with constitutional powers and duties of such officers.
The services department is also authorized to utilize such
equipment for the purpose of problem solving when such
problem solving is of a ministerial rather than a discretionary
nature. [1967 ex.s. c 103 § 6.]
36.92.060
36.92.060 Appointment of assistants. The supervisor
shall have the authority to appoint, subject to the approval of
the board, such clerical and other assistants as may be
required and authorized for the proper discharge of the functions of the services department. [1967 ex.s. c 103 § 7.]
36.92.070
36.92.070 Charges for services—Duties of county
treasurer. The board of county commissioners shall fix the
terms and charges for services rendered by the central services department pursuant to this chapter, which amounts
shall be credited as income to the appropriate account within
the central services fund and charged on a monthly basis
against the account of the recipient for whom such services
were performed. Moneys derived from the activities of the
central services department shall be disbursed from the central services fund by the county treasurer by warrants on
vouchers duly authorized by the board. [1967 ex.s. c 103 §
8.]
36.92.080
36.92.080 Services limited to department. When a
board of county commissioners creates a central services
department pursuant to RCW 36.92.030, the ministerial services to be performed by such department in connection with
automatic data processing shall not thereafter be performed
by any other officer or employee of said county. [1967 ex.s.
c 103 § 9.]
[Title 36 RCW—page 284]
36.92.900 Severability—1967 ex.s. c 103. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1967 ex.s. c 103 § 10.]
36.92.900
Chapter 36.93 RCW
LOCAL GOVERNMENTAL ORGANIZATION—
BOUNDARIES—REVIEW BOARDS
Chapter 36.93
Sections
36.93.010
36.93.020
36.93.030
36.93.040
36.93.051
36.93.061
36.93.063
36.93.067
36.93.070
36.93.080
36.93.090
36.93.093
36.93.100
36.93.105
36.93.110
36.93.116
36.93.120
36.93.130
36.93.140
36.93.150
36.93.153
36.93.155
36.93.157
36.93.160
36.93.170
36.93.180
36.93.185
36.93.190
36.93.200
36.93.210
36.93.220
36.93.230
36.93.800
36.93.900
36.93.910
Purpose.
Definitions.
Creation of boundary review boards in counties with populations of two hundred ten thousand or more—Creation in
other counties.
Dates upon which boards in counties with populations of less
than two hundred ten thousand deemed established.
Appointment of board—Members—Terms—Qualifications.
Boards in counties with populations of less than one million—
Members—Terms—Qualifications.
Selection of board members—Procedure—Commencement of
term—Vacancies.
Effect of failure to make appointment.
Chairman, vice chairman, chief clerk—Powers and duties of
board and chief clerk—Meetings—Hearings—Counsel—
Compensation.
Expenditures—Remittance of costs to counties.
Filing notice of proposed actions with board.
Copy of notice of intention by water-sewer district to be sent
officials.
Review of proposed actions by board—Procedure.
Actions not subject to review by board.
When review not necessary.
Simultaneous consideration of incorporation and annexation
of territory.
Fees.
Notice of intention—Contents.
Pending actions not affected.
Review of proposed actions—Actions and determinations of
board—Disapproval, effect.
Review of proposed incorporation in county with boundary
review board.
Annexation approval—Other action not authorized.
Decisions to be consistent with growth management act.
Hearings—Notice—Record—Subpoenas—Decision of
board—Appellate review.
Factors to be considered by board—Incorporation proceedings
exempt from state environmental policy act.
Objectives of boundary review board.
Objectives of boundary review board—Water-sewer district
annexations, mergers—Territory not adjacent to district.
Decision of board not to affect existing franchises, permits,
codes, ordinances, etc., for ten years.
Rules and regulations—Adoption procedure.
Rules and regulations—Filing—Permanent register.
Provisions of prior laws superseded by chapter.
Power to disband boundary review board.
Application of chapter to merged special purpose districts.
Effective date—1967 c 189.
Severability—1967 c 189.
36.93.010 Purpose. The legislature finds that in metropolitan areas of this state, experiencing heavy population
growth, increased problems arise from rapid proliferation of
municipalities and haphazard extension of and competition to
extend municipal boundaries. These problems affect
adversely the quality and quantity and cost of municipal services furnished, the financial integrity of certain municipalities, the consistency of local regulations, and many other
incidents of local government. Further, the competition
among municipalities for unincorporated territory and the
disorganizing effect thereof on land use, the preservation of
property values and the desired objective of a consistent com36.93.010
(2008 Ed.)
Local Governmental Organization—Boundaries—Review Boards
prehensive land use plan for populated areas, makes it appropriate that the legislature provide a method of guiding and
controlling the creation and growth of municipalities in metropolitan areas so that such problems may be avoided and
that residents and businesses in those areas may rely on the
logical growth of local government affecting them. [1967 c
189 § 1.]
36.93.020 Definitions. As used herein:
(1) "Governmental unit" means any incorporated city or
town, metropolitan municipal corporation, or any special purpose district as defined in this section.
(2) "Special purpose district" means any water-sewer
district, fire protection district, drainage improvement district, drainage and diking improvement district, flood control
zone district, irrigation district, metropolitan park district,
drainage district, or public utility district engaged in water
distribution.
(3) "Board" means a boundary review board created by
or pursuant to this chapter. [1999 c 153 § 44; 1979 ex.s. c 30
§ 5; 1967 c 189 § 2.]
36.93.020
Part headings not law—1999 c 153: See note following RCW
57.04.050.
36.93.030 Creation of boundary review boards in
counties with populations of two hundred ten thousand or
more—Creation in other counties. (1) There is hereby created and established in each county with a population of two
hundred ten thousand or more a board to be known and designated as a "boundary review board".
(2) A boundary review board may be created and established in any other county in the following manner:
(a) The county legislative authority may, by majority
vote, adopt a resolution establishing a boundary review
board; or
(b) A petition seeking establishment of a boundary
review board signed by qualified electors residing in the
county equal in number to at least five percent of the votes
cast in the county at the last county general election may be
filed with the county auditor.
Upon the filing of such a petition, the county auditor
shall examine the same and certify to the sufficiency of the
signatures thereon. No person may withdraw his or her name
from a petition after it has been filed with the auditor. Within
thirty days after the filing of such petition, the county auditor
shall transmit the same to the county legislative authority,
together with his or her certificate of sufficiency.
After receipt of a valid petition for the establishment of a
boundary review board, the county legislative authority shall
submit the question of whether a boundary review board
should be established to the electorate at the next primary or
general election according to RCW 29A.04.321. Notice of
the election shall be given as provided in RCW 29A.52.351
and shall include a clear statement of the proposal to be submitted.
If a majority of the persons voting on the proposition
shall vote in favor of the establishment of the boundary
review board, such board shall thereupon be deemed established. [2006 c 344 § 28; 1991 c 363 § 91; 1969 ex.s. c 111 §
1; 1967 c 189 § 3.]
36.93.030
(2008 Ed.)
36.93.051
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.93.040 Dates upon which boards in counties with
populations of less than two hundred ten thousand
deemed established. For the purposes of this chapter, each
county with a population of less than two hundred ten thousand shall be deemed to have established a boundary review
board on and after the date a proposition for establishing the
same has been approved at an election as provided for in
RCW 36.93.030, or on and after the date of adoption of a resolution of the county legislative authority establishing the
same as provided for in RCW 36.93.030. [1991 c 363 § 92;
1967 c 189 § 4.]
36.93.040
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.93.051 Appointment of board—Members—
Terms—Qualifications. The boundary review board in
each county with a population of one million or more shall
consist of eleven members chosen as follows:
(1) Three persons shall be appointed by the governor;
(2) Three persons shall be appointed by the county
appointing authority;
(3) Three persons shall be appointed by the mayors of
the cities and towns located within the county; and
(4) Two persons shall be appointed by the board from
nominees of special districts in the county.
The governor shall designate one initial appointee to
serve a term of two years, and two initial appointees to serve
terms of four years, if the appointments are made in an oddnumbered year, or one initial appointee to serve a term of one
year, and two initial appointees to serve terms of three years,
if the appointments are made in an even-numbered year, with
the length of the term being calculated from the first day of
February in the year the appointment was made.
The county appointing authority shall designate one of
its initial appointees to serve a term of two years, and two of
its initial appointees to serve terms of four years, if the
appointments are made in an odd-numbered year, or one of
its initial appointees to serve a term of one year, and two of its
initial appointees to serve terms of three years, if the appointments are made in an even-numbered year, with the length of
the term being calculated from the first day of February in the
year the appointment was made.
The mayors making the initial city and town appointments shall designate two of their initial appointees to serve
terms of two years, and one of their initial appointees to serve
a term of four years, if the appointments are made in an oddnumbered year, or two of their initial appointees to serve
terms of one year, and one of their initial appointees to serve
a term of three years, if the appointments are made in an
even-numbered year, with the length of the term being calculated from the first day of February in the year the appointment was made.
The board shall make two initial appointments from the
nominees of special districts, with one appointee serving a
term of four years and one initial appointee serving a term of
two years, if the appointments are made in an odd-numbered
36.93.051
[Title 36 RCW—page 285]
36.93.061
Title 36 RCW: Counties
year, or one initial appointee serving a term of three years and
one initial appointee serving a term of one year if the appointments are made in an even-numbered year, with the length of
the term being calculated from the first day of March in the
year in which the appointment is made.
After the initial appointments, all appointees shall serve
four-year terms.
No appointee may be an official or employee of the
county or a governmental unit in the county, or a consultant
or advisor on a contractual or regular retained basis of the
county, any governmental unit in the county, or any agency
or association thereof. [1991 c 363 § 93; 1989 c 84 § 17.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.93.061 Boards in counties with populations of less
than one million—Members—Terms—Qualifications.
The boundary review board in each county with a population
of less than one million shall consist of five members chosen
as follows:
(1) Two persons shall be appointed by the governor;
(2) One person shall be appointed by the county appointing authority;
(3) One person shall be appointed by the mayors of the
cities and towns located within the county; and
(4) One person shall be appointed by the board from
nominees of special districts in the county.
The governor shall designate one initial appointee to
serve a term of two years, and one initial appointee to serve a
term of four years, if the appointments are made in an oddnumbered year, or one initial appointee to serve a term of one
year, and one initial appointee to serve a term of three years,
if the appointments are made in an even-numbered year, with
the length of a term being calculated from the first day of
February in the year that the appointment was made.
The initial appointee of the county appointing authority
shall serve a term of two years, if the appointment is made in
an odd-numbered year, or a term of one year, if the appointment is made in an even-numbered year. The initial appointee
by the mayors shall serve a term of four years, if the appointment is made in an odd-numbered year, or a term of three
years, if the appointment is made in an even-numbered year.
The length of the term shall be calculated from the first day in
February in the year the appointment was made.
The board shall make one initial appointment from the
nominees of special districts to serve a term of two years if
the appointment is made in an odd-numbered year, or a term
of one year if the appointment is made in an even-numbered
year, with the length of the term being calculated from the
first day of March in the year in which the appointment is
made.
After the initial appointments, all appointees shall serve
four-year terms.
No appointee may be an official or employee of the
county or a governmental unit in the county, or a consultant
or advisor on a contractual or regular retained basis of the
county, any governmental unit in the county, or any agency
or association thereof. [1991 c 363 § 94; 1989 c 84 § 18.]
36.93.061
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
[Title 36 RCW—page 286]
36.93.063 Selection of board members—Procedure—Commencement of term—Vacancies. The executive of the county shall make the appointments under RCW
36.93.051 and 36.93.061 for the county, if one exists, or otherwise the county legislative authority shall make the
appointments for the county.
The mayors of all cities and towns in the county shall
meet on or before the last day of January in each odd-numbered year to make such appointments for terms to commence on the first day of February in that year. The date of
the meeting shall be called by the mayor of the largest city or
town in the county, and the mayor of the largest city or town
in the county who attends the meeting shall preside over the
meeting. Selection of each appointee shall be by simple
majority vote of those mayors who attend the meeting.
Any special district in the county may nominate a person
to be appointed to the board on or before the last day of January in each odd-numbered year that the term for this position
expires. The board shall make its appointment of a nominee
or nominees from the special districts during the month of
February following the date by which such nominations are
required to be made.
The county appointing authority and the mayors of cities
and towns within the county shall make their initial appointments for newly created boards within sixty days of the creation of the board or shall make sufficient additional appointments to increase a five-member board to an eleven-member
board within sixty days of the date the county obtains a population of one million or more. The board shall make its initial appointment or appointments of board members from the
nominees of special districts located within the county within
ninety days of the creation of the board or shall make an additional appointment of a board member from the nominees of
special districts located within the county within ninety days
of the date the county obtains a population of one million or
more.
The term of office for all appointees other than the
appointee from the special districts shall commence on the
first day of February in the year in which the term is to commence. The term of office for the appointee from nominees of
special districts shall commence on the first day of March in
the year in which the term is to commence.
Vacancies on the board shall be filled by appointment of
a person to serve the remainder of the term in the same manner that the person whose position is vacant was filled. [1991
c 363 § 95; 1989 c 84 § 19.]
36.93.063
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.93.067 Effect of failure to make appointment.
Whenever appointments under RCW 36.93.051 through
*36.93.065 have not been made by the appointing authority,
the size of the board shall be considered to be reduced by one
member for each position that remains vacant or unappointed. [1989 c 84 § 21.]
36.93.067
*Reviser’s note: RCW 36.93.065 was repealed by 1999 c 124 § 1.
36.93.070 Chairman, vice chairman, chief clerk—
Powers and duties of board and chief clerk—Meetings—
Hearings—Counsel—Compensation. The members of
each boundary review board shall elect from its members a
36.93.070
(2008 Ed.)
Local Governmental Organization—Boundaries—Review Boards
chairman, vice chairman, and shall employ a nonmember as
chief clerk, who shall be the secretary of the board. The board
shall determine its own rules and order of business and shall
provide by resolution for the time and manner of holding all
regular or special meetings: PROVIDED, That all meetings
shall be subject to chapter 42.30 RCW. The board shall keep
a journal of its proceedings which shall be a public record. A
majority of all the members shall constitute a quorum for the
transaction of business.
The chief clerk of the board shall have the power to
administer oaths and affirmations, certify to all official acts,
issue subpoenas to any public officer or employee ordering
him to testify before the board and produce public records,
papers, books or documents. The chief clerk may invoke the
aid of any court of competent jurisdiction to carry out such
powers.
The board by rule may provide for hearings by panels of
members consisting of not less than five board members, the
number of hearing panels and members thereof, and for the
impartial selection of panel members. A majority of a panel
shall constitute a quorum thereof.
At the request of the board, the state attorney general, or
at the board’s option, the county prosecuting attorney, shall
provide counsel for the board.
The planning departments of the county, other counties,
and any city, and any state or regional planning agency shall
furnish such information to the board at its request as may be
reasonably necessary for the performance of its duties.
Each member of the board shall be compensated from
the county current expense fund at the rate of fifty dollars per
day, or a major portion thereof, for time actually devoted to
the work of the boundary review board. Each board of county
commissioners shall provide such funds as shall be necessary
to pay the salaries of the members and staff, and such other
expenses as shall be reasonably necessary. [1997 c 77 § 1;
1987 c 477 § 1; 1967 c 189 § 7.]
36.93.080
36.93.080 Expenditures—Remittance of costs to
counties. Expenditures by the board shall be subject to the
provisions of chapter 36.40 RCW and other statutes relating
to expenditures by counties. The department of community,
trade, and economic development shall on a quarterly basis
remit to each county one-half of the actual costs incurred by
the county for the operation of the boundary review board
within individual counties as provided for in this chapter.
However, in the event no funds are appropriated to the said
agency for this purpose, this shall not in any way affect the
operation of the boundary review board. [1995 c 399 § 44;
1985 c 6 § 7; 1969 ex.s. c 111 § 4; 1967 c 189 § 8.]
36.93.090
36.93.090 Filing notice of proposed actions with
board. Whenever any of the following described actions are
proposed in a county in which a board has been established,
the initiators of the action shall file within one hundred eighty
days a notice of intention with the board: PROVIDED, That
when the initiator is the legislative body of a governmental
unit, the notice of intention may be filed immediately following the body’s first acceptance or approval of the action. The
board may review any such proposed actions pertaining to:
(2008 Ed.)
36.93.090
(1) The: (a) Creation, incorporation, or change in the
boundary, other than a consolidation, of any city, town, or
special purpose district; (b) consolidation of special purpose
districts, but not including consolidation of cities and towns;
or (c) dissolution or disincorporation of any city, town, or
special purpose district, except that a board may not review
the dissolution or disincorporation of a special purpose district which was dissolved or disincorporated pursuant to the
provisions of chapter 36.96 RCW: PROVIDED, That the
change in the boundary of a city or town arising from the
annexation of contiguous city or town owned property held
for a public purpose shall be exempted from the requirements
of this section; or
(2) The assumption by any city or town of all or part of
the assets, facilities, or indebtedness of a special purpose district which lies partially within such city or town; or
(3) The establishment of or change in the boundaries of a
mutual water and sewer system or separate sewer system by
a water-sewer district pursuant to RCW 57.08.065 or *chapter 57.40 RCW; or
(4) The extension of permanent water or sewer service
outside of its existing service area by a city, town, or special
purpose district. The service area of a city, town, or special
purpose district shall include all of the area within its corporate boundaries plus, (a) for extensions of water service, the
area outside of the corporate boundaries which it is designated to serve pursuant to a coordinated water system plan
approved in accordance with RCW 70.116.050; and (b) for
extensions of sewer service, the area outside of the corporate
boundaries which it is designated to serve pursuant to a comprehensive sewerage plan approved in accordance with chapter 36.94 RCW and RCW 90.48.110. [1996 c 230 § 1608;
1995 c 131 § 1; 1987 c 477 § 2; 1985 c 281 § 28; 1982 c 10 §
7. Prior: 1981 c 332 § 9; 1981 c 45 § 2; 1979 ex.s. c 5 § 12;
1971 ex.s. c 127 § 1; 1969 ex.s. c 111 § 5; 1967 c 189 § 9.]
*Reviser’s note: Chapter 57.40 RCW was repealed and/or decodified
in its entirety.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Effective date—1995 c 131: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 24, 1995]." [1995 c 131 § 2.]
Severability—1985 c 281: See RCW 35.10.905.
Severability—1982 c 10: See note following RCW 6.13.080.
Severability—1981 c 332: See note following RCW 35.13.165.
Legislative declaration—"District" defined—1981 c 45: "It is
declared to be the public policy of the state of Washington to provide for the
orderly growth and development of those areas of the state requiring public
water service or sewer service and to secure the health and welfare of the
people residing therein. The growth of urban population and the movement
of people into suburban areas has required the performance of such services
by water districts and sewer districts and the development of such districts
has created problems of conflicting jurisdiction and potential double taxation.
It is the purpose of this act to reduce the duplication of service and the
conflict among jurisdictions by establishing the principle that the first in time
is the first in right where districts overlap and by encouraging the consolidation of districts. It is also the purpose of this act to prevent the imposition of
double taxation upon the same property by establishing a general classification of property which will be exempt from property taxation by a district
when such property is within the jurisdiction of an established district duly
authorized to provide service of like character.
Unless the context clearly requires otherwise, as used in this act, the
term "district" means either a water district organized under Title 57 RCW or
[Title 36 RCW—page 287]
36.93.093
Title 36 RCW: Counties
a sewer district organized under Title 56 RCW or a merged water and sewer
district organized pursuant to chapter 57.40 or 56.36 RCW." [1981 c 45 § 1.]
Severability—1981 c 45: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1981 c 45 § 14.]
Severability—1979 ex.s. c 5: See RCW 36.96.920.
Consolidation of cities and towns—Role of boundary review board: RCW
35.10.450.
36.93.093 Copy of notice of intention by water-sewer
district to be sent officials. Whenever a water-sewer district
files with the board a notice of intention as required by RCW
36.93.090, the board shall send a copy of such notice of intention to the legislative authority of the county wherein such
action is proposed to be taken and one copy to the state
department of ecology. [1999 c 153 § 45; 1971 ex.s. c 127 §
2.]
36.93.093
Part headings not law—1999 c 153: See note following RCW
57.04.050.
36.93.100 Review of proposed actions by board—
Procedure. The board shall review and approve, disapprove,
or modify any of the actions set forth in RCW 36.93.090
when any of the following shall occur within forty-five days
of the filing of a notice of intention:
(1) Three members of a five-member boundary review
board or five members of a boundary review board in a
county with a population of one million or more files a
request for review: PROVIDED, That the members of the
boundary review board shall not be authorized to file a
request for review of the following actions:
(a) The incorporation of any special district or change in
the boundary of any city, town, or special purpose district;
(b) The extension of permanent water service outside of
its existing corporate boundaries by a city, town, or special
purpose district if (i) the extension is through the installation
of water mains of six inches or less in diameter or (ii) the
county legislative authority for the county in which the proposed extension is to be built is required or chooses to plan
under RCW 36.70A.040 and has by a majority vote waived
the authority of the board to initiate review of all other extensions; or
(c) The extension of permanent sewer service outside of
its existing corporate boundaries by a city, town, or special
purpose district if (i) the extension is through the installation
of sewer mains of eight inches or less in diameter or (ii) the
county legislative authority for the county in which the proposed extension is to be built is required or chooses to plan
under RCW 36.70A.040 and has by a majority vote waived
the authority of the board to initiate review of all other extensions;
(2) Any governmental unit affected, including the governmental unit for which the boundary change or extension of
permanent water or sewer service is proposed, or the county
within which the area of the proposed action is located, files
a request for review of the specific action;
(3) A petition requesting review is filed and is signed by:
(a) Five percent of the registered voters residing within
the area which is being considered for the proposed action (as
determined by the boundary review board in its discretion
36.93.100
[Title 36 RCW—page 288]
subject to immediate review by writ of certiorari to the superior court); or
(b) An owner or owners of property consisting of five
percent of the assessed valuation within such area;
(4) The majority of the members of boundary review
boards concur with a request for review when a petition
requesting the review is filed by five percent of the registered
voters who deem themselves affected by the action and reside
within one-quarter mile of the proposed action but not within
the jurisdiction proposing the action.
If a period of forty-five days shall elapse without the
board’s jurisdiction having been invoked as set forth in this
section, the proposed action shall be deemed approved.
If a review of a proposal is requested, the board shall
make a finding as prescribed in RCW 36.93.150 within one
hundred twenty days after the filing of such a request for
review. If this period of one hundred twenty days shall elapse
without the board making a finding as prescribed in RCW
36.93.150, the proposal shall be deemed approved unless the
board and the person who submitted the proposal agree to an
extension of the one hundred twenty day period. [1994 c 216
§ 13; 1992 c 162 § 1; 1991 c 363 § 96; 1989 c 84 § 3; 1987 c
477 § 3; 1983 c 76 § 1; 1982 c 220 § 1; 1967 c 189 § 10.]
Effective date—1994 c 216: See note following RCW 35.02.015.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1982 c 220: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1982 c 220 § 9.]
36.93.105 Actions not subject to review by board.
The following actions shall not be subject to potential review
by a boundary review board:
(1) Annexations of territory to a water-sewer district pursuant to RCW 36.94.410 through 36.94.440;
(2) Revisions of city or town boundaries pursuant to
RCW 35.21.790 or 35A.21.210;
(3) Adjustments to city or town boundaries pursuant to
RCW 35.13.340; and
(4) Adjustments to city and town boundaries pursuant to
RCW 35.13.300 through 35.13.330. [1999 c 153 § 46; 1989
c 84 § 4; 1984 c 147 § 5.]
36.93.105
Part headings not law—1999 c 153: See note following RCW
57.04.050.
36.93.110 When review not necessary. Where an area
proposed for annexation is less than ten acres and less than
two million dollars in assessed valuation, the chairman of the
review board may by written statement declare that review by
the board is not necessary for the protection of the interest of
the various parties, in which case the board shall not review
such annexation. [1987 c 477 § 4; 1973 1st ex.s. c 195 § 42;
1967 c 189 § 11.]
36.93.110
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
36.93.116 Simultaneous consideration of incorporation and annexation of territory. A boundary review board
may simultaneously consider the proposed incorporation of a
city or town, and the proposed annexation of a portion of the
36.93.116
(2008 Ed.)
Local Governmental Organization—Boundaries—Review Boards
territory included in the proposed incorporation, if the resolution or petition initiating the annexation is adopted or filed
ninety or fewer days after the petition proposing the incorporation was filed. [1994 c 216 § 9.]
Effective date—1994 c 216: See note following RCW 35.02.015.
36.93.120 Fees. A fee of fifty dollars shall be paid by all
initiators and in addition if the jurisdiction of the review
board is invoked pursuant to RCW 36.93.100, the person or
entity seeking review, except for the boundary review board
itself, shall pay to the county treasurer and place in the county
current expense fund the fee of two hundred dollars. [1987 c
477 § 5; 1969 ex.s. c 111 § 6; 1967 c 189 § 12.]
36.93.120
36.93.130 Notice of intention—Contents. The notice
of intention shall contain the following information:
(1) The nature of the action sought;
(2) A brief statement of the reasons for the proposed
action;
(3) The legal description of the boundaries proposed to
be created, abolished or changed by such action: PROVIDED, That the legal description may be altered, with concurrence of the initiators of the proposed action, if a person
designated by the county legislative authority as one who has
expertise in legal descriptions makes a determination that the
legal description is erroneous; and
(4) A county assessor’s map on which the boundaries
proposed to be created, abolished or changed by such action
are designated: PROVIDED, That at the discretion of the
boundary review board a map other than the county assessor’s map may be accepted. [1987 c 477 § 6; 1969 ex.s. c 111
§ 7; 1967 c 189 § 13.]
36.93.130
36.93.140 Pending actions not affected. Actions
described in RCW 36.93.090 which are pending July 1, 1967,
or actions in counties with populations of less than two hundred ten thousand which are pending on the date of the creation of a boundary review board therein, shall not be
affected by the provisions of this chapter. Actions shall be
deemed pending on and after the filing of sufficient petitions
initiating the same with the appropriate public officer, or the
performance of an official act initiating the same. [1991 c
363 § 97; 1967 c 189 § 14.]
36.93.140
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.93.150 Review of proposed actions—Actions and
determinations of board—Disapproval, effect. The board,
upon review of any proposed action, shall take such of the
following actions as it deems necessary to best carry out the
intent of this chapter:
(1) Approve the proposal as submitted.
(2) Subject to RCW 35.02.170, modify the proposal by
adjusting boundaries to add or delete territory. However, any
proposal for annexation of territory to a town shall be subject
to RCW 35.21.010 and the board shall not add additional territory, the amount of which is greater than that included in the
original proposal. Any modifications shall not interfere with
the authority of a city, town, or special purpose district to
require or not require preannexation agreements, covenants,
36.93.150
(2008 Ed.)
36.93.150
or petitions. A board shall not modify the proposed incorporation of a city with an estimated population of seven thousand five hundred or more by removing territory from the
proposal, or adding territory to the proposal, that constitutes
ten percent or more of the total area included within the proposal before the board. However, a board shall remove territory in the proposed incorporation that is located outside of
an urban growth area or is annexed by a city or town, and may
remove territory in the proposed incorporation if a petition or
resolution proposing the annexation is filed or adopted that
has priority over the proposed incorporation, before the area
is established that is subject to this ten percent restriction on
removing or adding territory. A board shall not modify the
proposed incorporation of a city with a population of seven
thousand five hundred or more to reduce the territory in such
a manner as to reduce the population below seven thousand
five hundred.
(3) Determine a division of assets and liabilities between
two or more governmental units where relevant.
(4) Determine whether, or the extent to which, functions
of a special purpose district are to be assumed by an incorporated city or town, metropolitan municipal corporation, or
another existing special purpose district.
(5) Disapprove the proposal except that the board shall
not have jurisdiction: (a) To disapprove the dissolution or
disincorporation of a special purpose district which is not
providing services but shall have jurisdiction over the determination of a division of the assets and liabilities of a dissolved or disincorporated special purpose district; (b) over
the division of assets and liabilities of a special purpose district that is dissolved or disincorporated pursuant to chapter
36.96 RCW; nor (c) to disapprove the incorporation of a city
with an estimated population of seven thousand five hundred
or more, but the board may recommend against the proposed
incorporation of a city with such an estimated population.
Unless the board disapproves a proposal, it shall be presented under the appropriate statute for approval of a public
body and, if required, a vote of the people. A proposal that
has been modified shall be presented under the appropriate
statute for approval of a public body and if required, a vote of
the people. If a proposal, other than that for a city, town, or
special purpose district annexation, after modification does
not contain enough signatures of persons within the modified
area, as are required by law, then the initiating party, parties
or governmental unit has thirty days after the modification
decision to secure enough signatures to satisfy the legal
requirement. If the signatures cannot be secured then the proposal may be submitted to a vote of the people, as required by
law.
The addition or deletion of property by the board shall
not invalidate a petition which had previously satisfied the
sufficiency of signature provisions of RCW 35.13.130 or
35A.14.120. When the board, after due proceedings held, disapproves a proposed action, such proposed action shall be
unavailable, the proposing agency shall be without power to
initiate the same or substantially the same as determined by
the board, and any succeeding acts intended to or tending to
effectuate that action shall be void, but such action may be
reinitiated after a period of twelve months from date of disapproval and shall again be subject to the same consideration.
[Title 36 RCW—page 289]
36.93.153
Title 36 RCW: Counties
The board shall not modify or deny a proposed action
unless there is evidence on the record to support a conclusion
that the action is inconsistent with one or more of the objectives under RCW 36.93.180. Every such determination to
modify or deny a proposed action shall be made in writing
pursuant to a motion, and shall be supported by appropriate
written findings and conclusions, based on the record. [1994
c 216 § 15; 1990 c 273 § 1; 1987 c 477 § 7; 1979 ex.s. c 5 §
13; 1975 1st ex.s. c 220 § 10; 1969 ex.s. c 111 § 8; 1967 c 189
§ 15.]
Effective date—1994 c 216: See note following RCW 35.02.015.
Severability—1990 c 273: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1990 c 273 § 3.]
Severability—1979 ex.s. c 5: See RCW 36.96.920.
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
36.93.153 Review of proposed incorporation in
county with boundary review board. The proposed incorporation of any city or town that includes territory located in
a county in which a boundary review board exists shall be
reviewed by the boundary review board and action taken as
described under RCW 36.93.150. [1994 c 216 § 10.]
36.93.153
Effective date—1994 c 216: See note following RCW 35.02.015.
36.93.155 Annexation approval—Other action not
authorized. Boundary review board approval, or modification and approval, of a proposed annexation by a city, town,
or special purpose district shall authorize annexation as
approved and shall not authorize any other annexation action.
[1989 c 84 § 16.]
36.93.155
36.93.157 Decisions to be consistent with growth
management act. The decisions of a boundary review board
located in a county that is required or chooses to plan under
RCW 36.70A.040 must be consistent with RCW 36.70A.020,
36.70A.110, and 36.70A.210. [1992 c 162 § 2.]
36.93.157
36.93.160 Hearings—Notice—Record—Subpoenas—Decision of board—Appellate review. (1) When the
jurisdiction of the boundary review board has been invoked,
the board shall set the date, time and place for a public hearing on the proposal. The board shall give at least thirty days’
advance written notice of the date, time and place of the hearing to the governing body of each governmental unit having
jurisdiction within the boundaries of the territory proposed to
be annexed, formed, incorporated, disincorporated, dissolved
or consolidated, or within the boundaries of a special district
whose assets and facilities are proposed to be assumed by a
city or town, and to the governing body of each city within
three miles of the exterior boundaries of the area and to the
proponent of the change. Notice shall also be given by publication in any newspaper of general circulation in the area of
the proposed boundary change at least three times, the last
publication of which shall be not less than five days prior to
the date set for the public hearing. Notice shall also be posted
in ten public places in the area affected for five days when the
area is ten acres or more. When the area affected is less than
ten acres, five notices shall be posted in five public places for
36.93.160
[Title 36 RCW—page 290]
five days. Notice as provided in this subsection shall include
any territory which the board has determined to consider adding in accordance with RCW 36.93.150(2).
(2) A verbatim record shall be made of all testimony presented at the hearing and upon request and payment of the
reasonable costs thereof, a copy of the transcript of the testimony shall be provided to any person or governmental unit.
(3) The chairman upon majority vote of the board or a
panel may direct the chief clerk of the boundary review board
to issue subpoenas to any public officer to testify, and to compel the production by him of any records, books, documents,
public records or public papers.
(4) Within forty days after the conclusion of the final
hearing on the proposal, the board shall file its written decision, setting forth the reasons therefor, with the board of
county commissioners and the clerk of each governmental
unit directly affected. The written decision shall indicate
whether the proposed change is approved, rejected or modified and, if modified, the terms of the modification. The written decision need not include specific data on every factor
required to be considered by the board, but shall indicate that
all standards were given consideration. Dissenting members
of the board shall have the right to have their written dissents
included as part of the decision.
(5) Unanimous decisions of the hearing panel or a decision of a majority of the members of the board shall constitute the decision of the board and shall not be appealable to
the whole board. Any other decision shall be appealable to
the entire board within ten days. Appeals shall be on the
record, which shall be furnished by the appellant, but the
board may, in its sole discretion, permit the introduction of
additional evidence and argument. Decisions shall be final
and conclusive unless within thirty days from the date of the
action a governmental unit affected by the decision or any
person owning real property or residing in the area affected
by the decision files in the superior court a notice of appeal.
The filing of the notice of appeal within the time limit
shall stay the effective date of the decision of the board until
such time as the appeal shall have been adjudicated or withdrawn. On appeal the superior court shall not take any evidence other than that contained in the record of the hearing
before the board.
(6) The superior court may affirm the decision of the
board or remand the case for further proceedings; or it may
reverse the decision if any substantial rights may have been
prejudiced because the administrative findings, inferences,
conclusions, or decisions are:
(a) In violation of constitutional provisions, or
(b) In excess of the statutory authority or jurisdiction of
the board, or
(c) Made upon unlawful procedure, or
(d) Affected by other error of law, or
(e) Unsupported by material and substantial evidence in
view of the entire record as submitted, or
(f) Clearly erroneous.
An aggrieved party may seek appellate review of any final
judgment of the superior court in the manner provided by law
as in other civil cases. [1994 c 216 § 16; 1988 c 202 § 40;
1987 c 477 § 8; 1971 c 81 § 97; 1969 ex.s. c 111 § 9; 1967 c
189 § 16.]
Effective date—1994 c 216: See note following RCW 35.02.015.
(2008 Ed.)
Local Governmental Organization—Boundaries—Review Boards
Severability—1988 c 202: See note following RCW 2.24.050.
General corporate powers—Towns, restrictions as to area: RCW 35.21.010.
36.93.170 Factors to be considered by board—Incorporation proceedings exempt from state environmental
policy act. In reaching a decision on a proposal or an alternative, the board shall consider the factors affecting such proposal, which shall include, but not be limited to the following:
(1) Population and territory; population density; land
area and land uses; comprehensive plans and zoning, as
adopted under chapter 35.63, 35A.63, or 36.70 RCW; comprehensive plans and development regulations adopted under
chapter 36.70A RCW; applicable service agreements entered
into under chapter 36.115 or 39.34 RCW; applicable interlocal annexation agreements between a county and its cities;
per capita assessed valuation; topography, natural boundaries
and drainage basins, proximity to other populated areas; the
existence and preservation of prime agricultural soils and
productive agricultural uses; the likelihood of significant
growth in the area and in adjacent incorporated and unincorporated areas during the next ten years; location and most
desirable future location of community facilities;
(2) Municipal services; need for municipal services;
effect of ordinances, governmental codes, regulations and
resolutions on existing uses; present cost and adequacy of
governmental services and controls in area; prospects of governmental services from other sources; probable future needs
for such services and controls; probable effect of proposal or
alternative on cost and adequacy of services and controls in
area and adjacent area; the effect on the finances, debt structure, and contractual obligations and rights of all affected
governmental units; and
(3) The effect of the proposal or alternative on adjacent
areas, on mutual economic and social interests, and on the
local governmental structure of the county.
The provisions of chapter 43.21C RCW, State Environmental Policy, shall not apply to incorporation proceedings
covered by chapter 35.02 RCW. [1997 c 429 § 39; 1989 c 84
§ 5; 1986 c 234 § 33; 1982 c 220 § 2; 1979 ex.s. c 142 § 1;
1967 c 189 § 17.]
36.93.170
Severability—1997 c 429: See note following RCW 36.70A.3201.
Severability—1982 c 220: See note following RCW 36.93.100.
Incorporation proceedings exempt from state environmental policy act:
RCW 43.21C.220.
36.93.180 Objectives of boundary review board. The
decisions of the boundary review board shall attempt to
achieve the following objectives:
(1) Preservation of natural neighborhoods and communities;
(2) Use of physical boundaries, including but not limited
to bodies of water, highways, and land contours;
(3) Creation and preservation of logical service areas;
(4) Prevention of abnormally irregular boundaries;
(5) Discouragement of multiple incorporations of small
cities and encouragement of incorporation of cities in excess
of ten thousand population in heavily populated urban areas;
(6) Dissolution of inactive special purpose districts;
(7) Adjustment of impractical boundaries;
36.93.180
(2008 Ed.)
36.93.200
(8) Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character; and
(9) Protection of agricultural and rural lands which are
designated for long term productive agricultural and resource
use by a comprehensive plan adopted by the county legislative authority. [1989 c 84 § 6; 1981 c 332 § 10; 1979 ex.s. c
142 § 2; 1967 c 189 § 18.]
Severability—1981 c 332: See note following RCW 35.13.165.
36.93.185
36.93.185 Objectives of boundary review board—
Water-sewer district annexations, mergers—Territory
not adjacent to district. The proposal by a water-sewer district to annex territory that is not adjacent to the district shall
not be deemed to be violative of the objectives of a boundary
review board solely due to the fact that the territory is not
adjacent to the water-sewer district. The proposed consolidation or merger of two or more water-sewer districts that are
not adjacent to each other shall not be deemed to be violative
of the objectives of a boundary review board solely due to the
fact that the districts are not adjacent. [1999 c 153 § 47; 1989
c 308 § 13.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
36.93.190
36.93.190 Decision of board not to affect existing
franchises, permits, codes, ordinances, etc., for ten years.
For a period of ten years from the date of the final decision,
no proceeding, approval, action, or decision on a proposal or
an alternative shall be deemed to cancel any franchise or permit theretofore granted by the authorities governing the territory to be annexed, nor shall it be deemed to supersede the
application as to any territory to be annexed, of such construction codes and ordinances (including but not limited to
fire, electrical, and plumbing codes and ordinances) as shall
have been adopted by the authorities governing the territory
to be annexed and in force at the time of the decision. [1967
c 189 § 19.]
36.93.200
36.93.200 Rules and regulations—Adoption procedure. Each review board shall adopt rules governing the formal and informal procedures prescribed or authorized by this
chapter. Such rules may state the qualifications of persons for
practice before the board. Such rules shall also include rules
of practice before the board, together with forms and instructions.
To assist interested persons dealing with it, each board
shall so far as deemed practicable supplement its rules with
descriptive statements of its procedures.
Prior to the adoption of any rule authorized by law, or the
amendment or repeal thereof, the board shall file notice
thereof with the clerk of the court of the county in which the
board is located. So far as practicable, the board shall also
publish or otherwise circulate notice of its intended action
and afford interested persons opportunity to submit data or
views either orally or in writing. Such notice shall include (1)
a statement of the time, place, and nature of public rule-making proceedings, (2) reference to the authority under which
the rule is proposed, and (3) either the terms or substance of
[Title 36 RCW—page 291]
36.93.210
Title 36 RCW: Counties
the proposed rule or a description of the subjects and issues
involved.
This paragraph shall not apply to interpretative rules,
general statements of policy, or rules of internal board organization, procedure or practice. [1967 c 189 § 20.]
36.94.070
36.93.210 Rules and regulations—Filing—Permanent register. Each board shall file forthwith with the clerk
of the court a certified copy of all rules and regulations
adopted. The clerk shall keep a permanent register of such
rules open to public inspection. [1967 c 189 § 21.]
36.94.130
36.94.140
36.94.080
36.94.090
36.94.100
36.94.110
36.94.120
36.93.210
36.93.220 Provisions of prior laws superseded by
chapter. Whenever a review board has been created pursuant to the terms of this chapter, the provisions of law relating
to city annexation review boards set forth in chapter 35.13
RCW and the powers granted to the boards of county commissioners to alter boundaries of proposed annexations or
incorporations shall not be applicable. [1967 c 189 § 22.]
36.93.220
36.93.230 Power to disband boundary review board.
When a county and the cities and towns within the county
have adopted a comprehensive plan and consistent development regulations pursuant to the provisions of chapter
36.70A RCW, the county may, at the discretion of the county
legislative authority, disband the boundary review board in
that county. [1991 sp.s. c 32 § 22.]
36.93.230
36.94.145
36.94.150
36.94.160
36.94.170
36.94.180
36.94.190
36.94.200
36.94.210
36.94.220
36.94.225
36.94.230
36.94.232
36.94.235
36.94.240
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.
36.94.250
36.93.800 Application of chapter to merged special
purpose districts. This chapter does not apply to the merger
of irrigation districts authorized under RCW 87.03.530(2)
and 87.03.845 through 87.03.855 or to the merger of a drainage improvement district, joint drainage improvement district, or consolidated drainage improvement district into an
irrigation district authorized by RCW 87.03.720 through
87.03.745 and 85.08.830 through 85.08.890. [1996 c 313 §
2; 1993 c 235 § 10.]
36.93.800
36.93.900 Effective date—1967 c 189. The effective
date of this chapter is July 1, 1967. [1967 c 189 § 24.]
36.94.260
36.94.270
36.94.280
36.94.290
36.94.300
36.94.305
36.93.900
36.94.310
36.94.320
36.93.910 Severability—1967 c 189. If any provision
of this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
[1967 c 189 § 23.]
36.93.910
Chapter 36.94 RCW
SEWERAGE, WATER, AND DRAINAGE SYSTEMS
Chapter 36.94
36.94.330
36.94.340
36.94.350
36.94.360
36.94.370
36.94.380
Sections
36.94.010
36.94.020
36.94.030
36.94.040
36.94.050
36.94.060
Definitions.
Purpose—Powers.
Adoption of sewerage and/or water general plan as element of
comprehensive plan.
Incorporation of provisions of comprehensive plan in general
plan.
Review committee—Composition—Submission of plan or
amendment to.
Review committee—Chairman, secretary—Rules—Quorum—Compensation of members.
[Title 36 RCW—page 292]
36.94.390
36.94.400
36.94.410
36.94.420
Review committee—Review of plan or amendments thereto—
Report.
Hearing by board—Notice—Filing general plan.
Adoption, amendment or rejection of plan.
Submission of plan or amendments thereto to certain state
departments—Approval.
Adherence to plan—Procedure for amendment.
Establishment of department for administration of system—
Personnel merit system.
Adoption of rules and regulations.
Authority of county to operate system—Rates and charges,
fixing of—Factors to be considered—Assistance for lowincome persons.
Public property subject to rates and charges for storm water
control facilities.
Lien for delinquent charges.
Tax on gross revenues authorized.
Authority of municipal corporations—Relinquishment of.
Transfer of system upon annexation or incorporation of area.
Contracts with other entities.
Indebtedness—Bonds.
Pledge for payment of principal and interest on revenue or
general obligation bonds.
Local improvement districts and utility local improvement districts—Establishment—Special assessments.
Exemption of farm and agricultural land from special benefit
assessments.
Local improvement districts and utility local improvement districts—Initiation of district by resolution or petition—Publication—Notice to property owners—Contents.
Local improvement districts and utility local improvement districts—Notice must contain statement that assessments may
vary from estimates.
Local improvement districts and utility local improvement districts—Sanitary sewer or potable water facilities—Notice to
certain property owners.
Local improvement districts and utility local improvement districts—Hearing—Improvement ordered—Divestment of
power to order, time limitation—Assessment roll.
Local improvement districts and utility local improvement districts—Notice of filing roll—Hearing on protests.
Local improvement districts and utility local improvement districts—Hearing on protests—Order—Appeal.
Local improvement districts and utility local improvement districts—Enlarged local district may be formed.
Local improvement districts and utility local improvement districts—Conclusiveness of roll when approved—Adjustments to assessments if other funds become available.
Local improvement districts and utility local improvement districts—Appellate review.
Local improvement districts and utility local improvement districts—Segregation of special assessment—Fee—Costs.
Service fees for sewers not constructed within ten years after
voter approval—Credit against future assessments, service
charges.
Transfer of system from municipal corporation to county—
Authorized.
Transfer of system from municipal corporation to county—
Assumption of indebtedness.
Transfer of system from municipal corporation to county—
Transfer agreement.
Transfer of system from municipal corporation to county—
Petition for court approval of transfer—Hearing—Decree.
Transfer of system from municipal corporation to county—
Dissolution of municipal corporation.
Transfer of system from municipal corporation to county—
RCW 36.94.310 through 36.94.350 deemed alternative
method.
Waiver or delay of collection of tap-in charges, connection or
hookup fees for low income persons.
Local improvement bonds—Local improvement guaranty
fund—Payments—Assessments—Certificates of delinquency.
Local improvement bonds—Local improvement guaranty
fund—Subrogation—Interest—Purchase of real property at
foreclosure sales.
Local improvement bonds—Local improvement guaranty
fund—Claims by bondholders—Transfer of cash balance to
water and/or sewer maintenance fund.
Transfer of system from county to water-sewer district.
Transfer of system from county to water-sewer district—
Annexation—Hearing—Public notice—Operation of system.
(2008 Ed.)
Sewerage, Water, and Drainage Systems
36.94.430
36.94.440
36.94.450
36.94.460
36.94.470
36.94.480
36.94.490
36.94.900
36.94.910
36.94.920
36.94.921
Transfer of system from county to water-sewer district—
Alternative method.
Transfer of system from county to water-sewer district—
Decree by superior court.
Water conservation programs—Issuance of revenue bonds.
Water conservation programs—Counties authorized to provide assistance to water customers.
Storm or surface water drains or facilities—Annexation, incorporation of area by city or town—Imposition of rates and
charges by county.
Assumption of substandard water system—Limited immunity
from liability.
Cooperative watershed management.
Declaration of purpose.
Authority—Liberal construction of chapter—Modification of
inconsistent acts.
Severability—1967 c 72.
Severability—1975 1st ex.s. c 188.
Assessments and charges against state lands: Chapter 79.44 RCW.
Deferral of special assessments: Chapter 84.38 RCW.
Storm water control facilities: RCW 36.89.080 through 36.89.110.
Water-sewer district activities to be approved—Criteria for approval by
county legislative authority: RCW 57.02.040.
36.94.010 Definitions. As used in this chapter:
(1) A "system of sewerage" means and may include any
or all of the following:
(a) Sanitary sewage collection, treatment, and/or disposal facilities and services, including without limitation onsite or off-site sanitary sewerage facilities, large on-site sewage systems defined under RCW 70.118B.010, inspection
services and maintenance services for private or public onsite systems, or any other means of sewage treatment and disposal approved by the county;
(b) Combined sanitary sewage disposal and storm or surface water drains and facilities;
(c) Storm or surface water drains, channels, and facilities;
(d) Outfalls for storm drainage or sanitary sewage and
works, plants, and facilities for storm drainage or sanitary
sewage treatment and disposal, and rights and interests in
property relating to the system;
(e) Combined water and sewerage systems;
(f) Point and nonpoint water pollution monitoring programs that are directly related to the sewerage facilities and
programs operated by a county;
(g) Public restroom and sanitary facilities;
(h) The facilities and services authorized in RCW
36.94.020; and
(i) Any combination of or part of any or all of such facilities.
(2) A "system of water" means and includes:
(a) A water distribution system, including dams, reservoirs, aqueducts, plants, pumping stations, transmission and
lateral distribution lines and other facilities for distribution of
water;
(b) A combined water and sewerage system;
(c) Any combination of or any part of any or all of such
facilities.
(3) A "sewerage and/or water general plan" means a general plan for a system of sewerage and/or water for the county
which shall be an element of the comprehensive plan established by the county pursuant to RCW 36.70.350(6) and/or
chapter 35.63 RCW, if there is such a comprehensive plan.
36.94.010
(2008 Ed.)
36.94.020
(a) A sewerage general plan shall include the general
location and description of treatment and disposal facilities,
trunk and interceptor sewers, pumping stations, monitoring
and control facilities, channels, local service areas and a general description of the collection system to serve those areas,
a description of on-site sanitary sewerage system inspection
services and maintenance services, and other facilities and
services as may be required to provide a functional and
implementable plan, including preliminary engineering to
assure feasibility. The plan may also include a description of
the regulations deemed appropriate to carrying out surface
drainage plans.
(b) A water general plan shall include the general location and description of water resources to be utilized, wells,
treatment facilities, transmission lines, storage reservoirs,
pumping stations, and monitoring and control facilities as
may be required to provide a functional and implementable
plan.
(c) Water and/or sewerage general plans shall include
preliminary engineering in adequate detail to assure technical
feasibility and, to the extent then known, shall further discuss
the methods of distributing the cost and expense of the system and shall indicate the economic feasibility of plan implementation. The plans may also specify local or lateral facilities and services. The sewerage and/or water general plan
does not mean the final engineering construction or financing
plans for the system.
(4) "Municipal corporation" means and includes any
city, town, metropolitan municipal corporation, any public
utility district which operates and maintains a sewer or water
system, any sewer, water, diking, or drainage district, any
diking, drainage, and sewerage improvement district, and any
irrigation district.
(5) A "private utility" means and includes all utilities,
both public and private, which provide sewerage and/or water
service and which are not municipal corporations within the
definition of this chapter. The ownership of a private utility
may be in a corporation, nonprofit or for profit, in a cooperative association, in a mutual organization, or in individuals.
(6) "Board" means one or more boards of county commissioners and/or the legislative authority of a home rule
charter county. [2007 c 343 § 14; 1997 c 447 § 10; 1981 c
313 § 14; 1979 ex.s. c 30 § 6; 1971 ex.s. c 96 § 1; 1967 c 72
§ 1.]
Captions and part headings not law—2007 c 343: See RCW
70.118B.900.
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
Severability—1981 c 313: See note following RCW 36.94.020.
Construction—1971 ex.s. c 96: "This 1971 amendatory act shall apply
to any existing and future sewerage and/or water plans or amendments
thereto and implementations thereof and shall not be deemed to be prospective only." [1971 ex.s. c 96 § 12.]
Severability—1971 ex.s. c 96: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 ex.s. c 96 § 13.]
36.94.020 Purpose—Powers. The construction, operation, and maintenance of a system of sewerage and/or water
is a county purpose. Subject to the provisions of this chapter,
every county has the power, individually or in conjunction
with another county or counties to adopt, provide for, accept,
36.94.020
[Title 36 RCW—page 293]
36.94.030
Title 36 RCW: Counties
establish, condemn, purchase, construct, add to, operate, and
maintain a system or systems of sanitary and storm sewers,
including outfalls, interceptors, plans, and facilities and services necessary for sewerage treatment and disposal, and/or
system or systems of water supply within all or a portion of
the county. However, counties shall not have power to condemn sewerage and/or water systems of any municipal corporation or private utility.
Such county or counties shall have the authority to control, regulate, operate, and manage such system or systems
and to provide funds therefor by general obligation bonds,
revenue bonds, local improvement district bonds, utility local
improvement district or local improvement district assessments, and in any other lawful fiscal manner. Rates or
charges for on-site inspection and maintenance services may
not be imposed under this chapter on the development, construction, or reconstruction of property.
Under this chapter, after July 1, 1998, any requirements
for pumping the septic tank of an on-site sewage system
should be based, among other things, on actual measurement
of accumulation of sludge and scum by a trained inspector,
trained owner’s agent, or trained owner. Training must occur
in a program approved by the state board of health or by a
local health officer.
Before adopting on-site inspection and maintenance utility services, or incorporating residences into an on-site
inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area
that have on-site systems permitted by the local health
officer. The notice must clearly state that the residence is
within the proposed service area and must provide information on estimated rates or charges that may be imposed for the
service.
A county shall not provide on-site sewage system
inspection, pumping services, or other maintenance or repair
services under this section using county employees unless the
on-site system is connected by a publicly owned collection
system to the county’s sewerage system, and the on-site system represents the first step in the sewage disposal process.
Nothing in this section shall affect the authority of a state or
local health officer to carry out their responsibilities under
any other applicable law.
A county may, as part of a system of sewerage established under this chapter, provide for, finance, and operate
any of the facilities and services and may exercise the powers
expressly authorized for county storm water, flood control,
pollution prevention, and drainage services and activities
under chapters 36.89, 86.12, 86.13, and 86.15 RCW. A
county also may provide for, finance, and operate the facilities and services and may exercise any of the powers authorized for aquifer protection areas under chapter 36.36 RCW;
for lake or beach management districts under chapter 36.61
RCW; for diking districts, and diking, drainage, and sewerage improvement districts under chapters 85.05, 85.08,
85.15, 85.16, and 85.18 RCW; and for shellfish protection
districts under chapter 90.72 RCW. However, if a county by
reference to any of those statutes assumes as part of its system of sewerage any powers granted to such areas or districts
and not otherwise available to a county under this chapter,
then (1) the procedures and restrictions applicable to those
[Title 36 RCW—page 294]
areas or districts apply to the county’s exercise of those powers, and (2) the county may not simultaneously impose rates
and charges under this chapter and under the statutes authorizing such areas or districts for substantially the same facilities and services, but must instead impose uniform rates and
charges consistent with RCW 36.94.140. By agreement with
such an area or district that is not part of a county’s system of
sewerage, a county may operate that area’s or district’s services or facilities, but a county may not dissolve any existing
area or district except in accordance with any applicable provisions of the statute under which that area or district was created. [2008 c 301 § 25; 1997 c 447 § 11; 1981 c 313 § 1; 1967
c 72 § 2.]
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
Severability—1981 c 313: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1981 c 313 § 23.]
36.94.030 Adoption of sewerage and/or water general plan as element of comprehensive plan. Whenever the
county legislative authority deems it advisable and necessary
for the public health and welfare of the inhabitants of the
county to establish, purchase, acquire, and construct a system
of sewerage and/or water, or make any additions and betterments thereto, or extensions thereof, the board shall adopt a
sewerage and/or water general plan for a system of sewerage
and/or water for all or a portion of the county as deemed necessary by the board. If the county has adopted a comprehensive plan for a physical development of the county pursuant
to chapter 36.70 RCW and/or chapter 35.63 RCW, then the
sewerage and/or water general plan shall be adopted as an
element of that comprehensive plan pursuant to the applicable statute. [1981 c 313 § 15; 1967 c 72 § 3.]
36.94.030
Severability—1981 c 313: See note following RCW 36.94.020.
36.94.040 Incorporation of provisions of comprehensive plan in general plan. The sewerage and/or water general plan must incorporate the provisions of existing comprehensive plans relating to sewerage and water systems of cities, towns, municipalities, and private utilities, to the extent
they have been implemented. [1990 1st ex.s. c 17 § 33; 1967
c 72 § 4.]
36.94.040
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
36.94.050 Review committee—Composition—Submission of plan or amendment to. Prior to the adoption of
or amendment of the sewerage and/or water general plan, the
county legislative authority (or authorities) shall submit the
plan or amendment to a review committee. The review committee shall consist of:
(1) A representative of each city with a population of ten
thousand or more within or adjoining the area selected by the
mayor thereof (if there are no such cities within the plan area,
then one representative chosen by the mayor of the city with
the largest population within the plan area);
(2) One representative chosen at large by a majority vote
of the executive officers of the other cities or towns within or
adjoining the area;
36.94.050
(2008 Ed.)
Sewerage, Water, and Drainage Systems
(3) A representative chosen by the executive officer or
the chair of the board, as the case may be, of each of the other
municipal corporations and private utilities serving one thousand or more sewer and/or water customers located within
the area;
(4) One representative chosen at large by a majority vote
of the executive officers and chairs of the boards, as the case
may be, of the other remaining municipal corporations within
the area;
(5) A representative of each county legislative authority
within the planned area, selected by the chair of each board or
county executive, as the case may be; and
(6) In counties where there is a metropolitan municipal
corporation operating a sewerage and/or water system in the
area, the chair of its council or such person as the chair designates.
If the legislative authority rejects the plan pursuant to
RCW 36.94.090, the review committee shall be deemed to be
dissolved; otherwise the review committee shall continue in
existence to review amendments to the plan. Vacancies on
the committee shall be filled in the same manner as the original appointment to that position.
Instead of a review committee for each plan area, the
county legislative authority or authorities may create a
review committee for the entire county or counties, and the
review committee shall continue in existence until dissolved
by the county legislative authority or authorities. [1994 c 81
§ 74; 1981 c 313 § 16; 1971 ex.s. c 96 § 2; 1967 c 72 § 5.]
Severability—1981 c 313: See note following RCW 36.94.020.
Construction—Severability—1971 ex.s. c 96: See notes following
RCW 36.94.010.
36.94.060 Review committee—Chairman, secretary—Rules—Quorum—Compensation of members.
The members of each review committee shall elect from its
members a chairman and a secretary. The committee shall
determine its own rules and order of business and shall provide by resolution for the time and manner of its proceedings
which shall be a public record. A majority of all the members
shall constitute a quorum for the transaction of business.
Each member of the committee shall be compensated
from the county current expense fund at the rate of twentyfive dollars per day, or a major portion thereof, for time actually devoted to the work of the committee in reviewing any
proposed sewerage and/or water general plan or amendments
to a plan. Each board of county commissioners shall provide
such funds as shall be necessary to pay the compensation of
the members and such other expenses as shall be reasonably
necessary. Such payments shall be reimbursed to the counties
advancing the funds from moneys acquired from the construction or operation of a sewerage and/or water system.
[1971 ex.s. c 96 § 3; 1967 c 72 § 6.]
36.94.060
Construction—Severability—1971 ex.s. c 96: See notes following
RCW 36.94.010.
36.94.070 Review committee—Review of plan or
amendments thereto—Report. The committee shall review
the sewerage and/or water general plan or amendments
thereto and shall report to the board or boards of county commissioners within ninety days their approval or any suggested
amendments, deletions, or additions. If the committee shall
36.94.070
(2008 Ed.)
36.94.120
fail to report within the time, the plan or amendments thereto
shall be deemed approved. If the committee submits a report,
the board shall consider and review the committee’s report
and may adopt any recommendations suggested therein.
[1971 ex.s. c 96 § 4; 1967 c 72 § 7.]
Construction—Severability—1971 ex.s. c 96: See notes following
RCW 36.94.010.
36.94.080 Hearing by board—Notice—Filing general
plan. Before final action thereon the board shall conduct a
public hearing on the plan after ten days published notice of
hearing is given pursuant to RCW 36.32.120(7). The notice
must set out the full official title of the proposed resolution
adopting the plan and a statement describing the general
intent and purpose of the plan. The notice shall also include
the day, hour and place of hearing and must be given by publication in the newspaper in which legal notices of the county
are printed. Ten days prior to the hearing, three copies of the
sewerage and/or water general plan shall be filed with the
clerk of the board. The copies shall be open to public inspection. [1967 c 72 § 8.]
36.94.080
36.94.090 Adoption, amendment or rejection of plan.
At the hearing, the board may adopt the plan, or amend and
adopt the plan, or reject any part or all of the plan. [1967 c 72
§ 9.]
36.94.090
36.94.100 Submission of plan or amendments thereto
to certain state departments—Approval. Prior to the commencement of actual work on any plan or amendment thereto
approved by the board, it must be submitted for written
approval to the Washington department of social and health
services and to the Washington department of ecology.
[1971 ex.s. c 96 § 5; 1967 c 72 § 10.]
36.94.100
Construction—Severability—1971 ex.s. c 96: See notes following
RCW 36.94.010.
36.94.110 Adherence to plan—Procedure for amendment. After adoption of the sewerage and/or water general
plan, all municipal corporations and private utilities within
the plan area shall abide by and adhere to the plan for the
future development of their systems. Whenever the governing authority of any county or counties or any municipal corporation deems it to be for the public interest to amend the
sewerage and/or water general plan for such county or counties, notice shall be filed with the board or boards of county
commissioners. Upon such notice, the board or boards shall
initiate consideration of any amendment requested relating to
the plan and proceed as provided in this chapter for the adoption of an original plan. [1967 c 72 § 11.]
36.94.110
36.94.120 Establishment of department for administration of system—Personnel merit system. The board
shall establish a department in county government for the
purpose of establishing, operating and maintaining the system or systems of sewerage and/or water. In the department,
the board shall establish and provide for the operation and
maintenance of a personnel merit system for the employment,
classification, promotion, demotion, suspension, transfer,
layoff and discharge of its appointive officers and employees,
36.94.120
[Title 36 RCW—page 295]
36.94.130
Title 36 RCW: Counties
solely on the basis of merit and fitness, without regard to
political influence or affiliation. Such merit system shall not
apply to the chief administrative officer of the department
and, if the sewer and/or water utility is a division of a department having other functions, the chief administrative officer
of such utility. [1971 ex.s. c 96 § 6; 1967 c 72 § 12.]
Construction—Severability—1971 ex.s. c 96: See notes following
RCW 36.94.010.
36.94.130 Adoption of rules and regulations. The
board of county commissioners may adopt by resolution reasonable rules and regulations governing the construction,
maintenance, operation, use, connection and service of the
system of sewerage and/or water. [1967 c 72 § 13.]
36.94.130
36.94.140 Authority of county to operate system—
Rates and charges, fixing of—Factors to be considered—
Assistance for low-income persons. (1) Every county, in
the operation of a system of sewerage and/or water, shall
have full jurisdiction and authority to manage, regulate, and
control it. Except as provided in subsection (3) of this section, every county shall have full jurisdiction and authority to
fix, alter, regulate, and control the rates and charges for the
service and facilities to those to whom such service and facilities are available, and to levy charges for connection to the
system.
(2) The rates for availability of service and facilities, and
connection charges so charged must be uniform for the same
class of customers or service and facility. In classifying customers served, service furnished or made available by such
system of sewerage and/or water, or the connection charges,
the county legislative authority may consider any or all of the
following factors:
(a) The difference in cost of service to the various customers within or without the area;
(b) The difference in cost of maintenance, operation,
repair and replacement of the various parts of the systems;
(c) The different character of the service and facilities
furnished various customers;
(d) The quantity and quality of the sewage and/or water
delivered and the time of its delivery;
(e) Capital contributions made to the system or systems,
including, but not limited to, assessments;
(f) The cost of acquiring the system or portions of the
system in making system improvements necessary for the
public health and safety;
(g) The nonprofit public benefit status, as defined in
RCW 24.03.490, of the land user; and
(h) Any other matters which present a reasonable difference as a ground for distinction.
(3) The rate a county may charge under this section for
storm or surface water sewer systems or the portion of the
rate allocable to the storm or surface water sewer system of
combined sanitary sewage and storm or surface water sewer
systems shall be reduced by a minimum of ten percent for any
new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate
reductions in excess of ten percent dependent upon the
amount of rainwater harvested.
36.94.140
[Title 36 RCW—page 296]
(4) A county may provide assistance to aid low-income
persons in connection with services provided under this chapter.
(5) The service charges and rates shall produce revenues
sufficient to take care of the costs of maintenance and operation, revenue bond and warrant interest and principal amortization requirements, and all other charges necessary for the
efficient and proper operation of the system.
(6) A connection charge under this section for service to
a manufactured housing community, as defined in RCW
59.20.030, applies to an individual lot within that community
only if the system of water or sewerage provides and maintains the connection. [2005 c 324 § 2; 2003 c 394 § 4; 1997
c 447 § 12; 1995 c 124 § 2; 1990 c 133 § 2; 1975 1st ex.s. c
188 § 2; 1967 c 72 § 14.]
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
Findings—1990 c 133: "The legislature finds the best interests of the
citizens of the state are served if:
(1) Customers served by public water systems are assured of an adequate quantity and quality of water supply at reasonable rates;
(2) There is improved coordination between state agencies engaged in
water system planning and public health regulation and local governments
responsible for land use regulation and public health and safety;
(3) Public water systems in violation of health and safety standards
adopted under RCW 43.20.050 remain in operation and continue providing
water service providing that public health is not compromised, assuming a
suitable replacement purveyor is found and deficiencies are corrected in an
expeditious manner consistent with public health and safety; and
(4) The state address[es], in a systematic and comprehensive fashion,
new operating requirements which will be imposed on public water systems
under the federal Safe Drinking Water Act." [1990 c 133 § 1.]
Severability—1990 c 133: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1990 c 133 § 12.]
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
36.94.145 Public property subject to rates and
charges for storm water control facilities. Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state of Washington and state
property, shall be subject to rates and charges for storm water
control facilities to the same extent private persons and private property are subject to such rates and charges that are
imposed by counties pursuant to RCW 36.94.140. In setting
these rates and charges, consideration may be made of inkind services, such as stream improvements or donation of
property. [1986 c 278 § 58; 1983 c 315 § 4.]
36.94.145
Severability—1986 c 278: See note following RCW 36.01.010.
Severability—1983 c 315: See note following RCW 90.03.500.
Flood control zone districts—Storm water control improvements: Chapter
86.15 RCW.
Rates and charges for storm water control facilities—Limitations—Definitions: RCW 90.03.500 through 90.03.525. See also RCW 35.67.025,
35.92.021, and 36.89.085.
36.94.150 Lien for delinquent charges. All counties
operating a system of sewerage and/or water shall have a lien
for delinquent connection charges and charges for the availability of sewerage and/or water service, together with interest fixed by resolution at eight percent per annum from the
date due until paid. Penalties of not more than ten percent of
the amount due may be imposed in case of failure to pay the
charges at times fixed by resolution. The lien shall be for all
36.94.150
(2008 Ed.)
Sewerage, Water, and Drainage Systems
charges, interest, and penalties and shall attach to the premises to which the services were available. The lien shall be
superior to all other liens and encumbrances, except general
taxes and local and special assessments of the county.
The county department established in RCW 36.94.120
shall certify periodically the delinquencies to the auditor of
the county at which time the lien shall attach.
Upon the expiration of sixty days after the attachment of
the lien, the county may bring suit in foreclosure by civil
action in the superior court of the county where the property
is located. Costs associated with the foreclosure of the lien,
including but not limited to advertising, title report, and personnel costs, shall be added to the lien upon filing of the foreclosure action. In addition to the costs and disbursements provided by statute, the court may allow the county a reasonable
attorney’s fee. The lien shall be foreclosed in the same manner as the foreclosure of real property tax liens. [1997 c 393
§ 9; 1975 1st ex.s. c 188 § 3; 1967 c 72 § 15.]
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
36.94.160 Tax on gross revenues authorized. The
county shall have the power to levy a tax on the system of
sewerage and/or water operated by the county or counties as
authorized by this chapter, not to exceed eight percent per
annum, on the gross revenues, to be paid to the county’s general fund for payment of all costs of planning, financing, construction and operation of the system. [1967 c 72 § 16.]
36.94.160
36.94.170 Authority of municipal corporations—
Relinquishment of. The primary authority to construct,
operate and maintain a system of sewerage and/or water
within the boundaries of a municipal corporation which lies
within the area of the county’s sewerage and/or water general
plan shall remain with such municipal corporation. A county,
after it has adopted and received the necessary approvals of
its sewer and/or water general plan under the provisions of
chapter 36.94 RCW may construct, own, operate and maintain a system of sewerage and/or water within the boundaries
of a city or town with the written consent of such city or town
and within any other municipal corporation provided such
municipal corporation (1) has the legislative authority to
operate such a utility; and (2)(a) has given its written consent
to the county to operate therein; or (b) after adoption of a
comprehensive plan or an amendment thereto for the area
involved, the municipal corporation has not within twelve
months after receiving notice by the county of its intention to
serve that area held a formation hearing for a utility local
improvement district.
Prior to exercising any authority granted in this section,
the county shall compensate such municipal corporation for
its reasonable costs, expenses and obligations actually
incurred or contracted which are directly related to and which
benefit the area which the county proposes to serve. The
county may contract with a municipal corporation to furnish
such utility service within any municipal corporation.
Except in the case of annexations provided for in RCW
36.94.180, once a county qualifies under this section to serve
within a municipal corporation, no municipal corporation
may construct or operate a competing utility in the same territory to be served by the county if the county proceeds
36.94.170
(2008 Ed.)
36.94.200
within a reasonable period of time with the construction of its
proposed facilities including the sale of any bonds to finance
the same.
As may be permitted by other statutes, a city or town
may provide water or sewer service outside of its corporate
limits, but such service may not conflict with the county plan
or any county, sewer or water facilities installed or being
installed.
A county proposing to exercise any authority granted in
this section shall give written notice of such intention to the
municipal corporation involved and to the boundary review
board, if any, of such county. Within sixty days of the filing
of such notice of intention, review by the boundary review
board of the proposed action may be requested as provided by
the provisions of RCW 36.93.100 through 36.93.180. In the
event of such review, the board shall consider the factors set
forth in this section in addition to the factors and objectives
set forth in RCW 36.93.170 and 36.93.180. [1971 ex.s. c 96
§ 7; 1967 c 72 § 17.]
Construction—Severability—1971 ex.s. c 96: See notes following
RCW 36.94.010.
36.94.180 Transfer of system upon annexation or
incorporation of area. In the event of the annexation to a
city or town of an area, or incorporation of an area, in which
a county is operating a sewerage and/or water system, the
property, facilities, and equipment of such sewerage and/or
water system lying within the annexed or incorporated area
may be transferred to the city or town if such transfer will not
materially affect the operation of any of the remaining county
system, subject to the assumption by the city or town of the
county’s obligations relating to such property, facilities, and
equipment, under the procedures specified in, and pursuant to
the authority contained in, chapter 35.13A RCW. [1986 c
234 § 34; 1983 c 3 § 82; 1971 ex.s. c 96 § 8; 1967 c 72 § 18.]
36.94.180
Construction—Severability—1971 ex.s. c 96: See notes following
RCW 36.94.010.
36.94.190 Contracts with other entities. Every county
in furtherance of the powers granted by this chapter shall be
authorized to contract with the federal government, the state
of Washington, or any city or town, within or without the
county, and with any other county, and with any municipal
corporation as defined herein or with any other municipal
corporation created under the laws of the state of Washington
and not limited as defined in RCW 36.94.010, or political
subdivision, and with any person, firm or corporation in and
for the establishment, maintenance and operation of all or a
portion of a system or systems of sewerage and/or water supply.
The state and such city, town, person, firm, corporation,
municipal corporation and any other municipal corporation
created under the laws of the state of Washington and not
limited as defined in RCW 36.94.010, and political subdivision, is authorized to contract with a county or counties for
such purposes. [1967 c 72 § 19.]
36.94.190
36.94.200 Indebtedness—Bonds. The legislative
authority of any county is hereby authorized for the purpose
of carrying out the lawful powers granted by this chapter to
contract indebtedness and to issue and sell general obligation
36.94.200
[Title 36 RCW—page 297]
36.94.210
Title 36 RCW: Counties
bonds pursuant to and in the manner provided for general
county bonds in chapters 36.67 and 39.46 RCW and other
applicable statutes; and to issue revenue bonds pursuant to
and in the manner provided for revenue bonds in chapter
36.67 RCW and other applicable statutes. The county legislative authority may also issue local improvement district
bonds in the manner provided for cities and towns. [1984 c
186 § 35; 1983 c 167 § 101; 1981 c 313 § 2; 1967 c 72 § 20.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—1981 c 313: See note following RCW 36.94.020.
36.94.210 Pledge for payment of principal and interest on revenue or general obligation bonds. The board of
county commissioners of any county in adopting and establishing a system of sewerage and/or water may set aside into
a special fund and pledge to the payment of the principal and
interest due on any county revenue bonds or general obligation bonds any sums or amounts which may accrue from the
collection of rates and charges for the private and public use
of the system or systems. [1975 1st ex.s. c 188 § 4; 1967 c 72
§ 21.]
36.94.210
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
36.94.220 Local improvement districts and utility
local improvement districts—Establishment—Special
assessments. (1) A county shall have the power to establish
utility local improvement districts and local improvement
districts within the area of a sewerage and/or water general
plan and to levy special assessments under a mode of annual
installments extending over a period not exceeding twenty
years on all property specially benefited by any local
improvement on the basis of the special benefits to pay in
whole or in part the damages or costs of any improvements
ordered in such county.
(2) Utility local improvement districts and local
improvement districts may include territory within a city or
town only with the written consent of the city or town, but if
the local district is formed before such area is included within
the city or town, no such consent shall be necessary. Utility
local improvement districts and local improvement districts
used to provide sewerage disposal systems may include territory within a water-sewer district providing sewerage disposal systems only with the written consent of such a watersewer district, but if the local district is formed before such
area is included within such a water-sewer district, no consent is necessary. Utility local improvement districts and
local improvement districts used to provide water systems
may include territory within a water-sewer district providing
water systems only with the written consent of such a watersewer district, but if the local district is formed before such
area is included within such a water-sewer district, no consent is necessary.
(3) The levying, collection, and enforcement of all public
assessments hereby authorized shall be in the manner now
and hereafter provided by law for the levying, collection, and
enforcement of local improvement assessments by cities and
towns, insofar as the same shall not be inconsistent with the
provisions of this chapter. In addition, the county shall file
36.94.220
[Title 36 RCW—page 298]
the preliminary assessment roll at the time and in the manner
prescribed in RCW 35.50.005. The duties devolving upon the
city or town treasurer under such laws are imposed upon the
county treasurer for the purposes of this chapter. The mode of
assessment shall be in the manner to be determined by the
county legislative authority by ordinance or resolution. As an
alternative to equal annual assessment installments of principal provided for cities and towns, a county legislative authority may provide for the payment of such assessments in equal
annual installments of principal and interest. Assessments in
any local district may be made on the basis of special benefits
up to but not in excess of the total cost of any sewerage and/or
water improvement made with respect to that local district
and the share of any general sewerage and/or water facilities
allocable to that district. In utility local improvement districts, assessments shall be deposited into the revenue bond
fund or general obligation bond fund established for the payment of bonds issued to pay such costs which bond payments
are secured in part by the pledge of assessments, except pending the issuance and sale of such bonds, assessments may be
deposited in a fund for the payment of such costs. In local
improvement districts, assessments shall be deposited into a
fund for the payment of such costs and local improvement
bonds issued to finance the same or into the local improvement guaranty fund as provided by applicable statute. [1999
c 153 § 48; 1981 c 313 § 3; 1975 1st ex.s. c 188 § 5; 1971
ex.s. c 96 § 9; 1967 c 72 § 22.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Severability—1981 c 313: See note following RCW 36.94.020.
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
Construction—Severability—1971 ex.s. c 96: See notes following
RCW 36.94.010.
Local improvements, supplemental authority: Chapter 35.51 RCW.
36.94.225 Exemption of farm and agricultural land
from special benefit assessments. See RCW 84.34.300
through 84.34.380 and 84.34.922.
36.94.225
36.94.230 Local improvement districts and utility
local improvement districts—Initiation of district by resolution or petition—Publication—Notice to property
owners—Contents. Utility local improvement districts and
local improvement districts to carry out all or any portion of
the general plan, or additions and betterments thereof, may be
initiated either by resolution of the county legislative authority or by petition signed by the owners according to the
records of the office of the county assessor of at least fiftyone percent of the area of land within the limits of the local
district to be created.
In case the county legislative authority desires to initiate
the formation of a local district by resolution, it shall first
pass a resolution declaring its intention to order such
improvement, setting forth the nature and territorial extent of
such proposed improvement, designating the number of the
proposed local district, describing the boundaries thereof,
stating the estimated cost and expense of the improvement
and the proportionate amount thereof which will be borne by
the property within the proposed district, and fixing a date,
time, and place for a public hearing on the formation of the
proposed local district.
36.94.230
(2008 Ed.)
Sewerage, Water, and Drainage Systems
In case any such local district is initiated by petition,
such petition shall set forth the nature and territorial extent of
such proposed improvement and the fact that the signers
thereof are the owners according to the records of the county
assessor of at least fifty-one percent of the area of land within
the limits of the local district to be created. Upon the filing of
such petition with the clerk of the county legislative authority, the authority shall determine whether the same is sufficient, and the authority’s determination thereof shall be conclusive upon all persons. No person may withdraw his or her
name from said petition after the filing thereof with the clerk
of the county legislative authority. If the county legislative
authority finds the petition to be sufficient, it shall proceed to
adopt a resolution declaring its intention to order the
improvement petitioned for, setting forth the nature and territorial extent of said improvement, designating the number of
the proposed local district, describing the boundaries thereof,
stating the estimated cost and expense of the improvement
and the proportionate amount thereof which will be borne by
the property within the proposed local district, and fixing a
date, time, and place for a public hearing on the formation of
the proposed local district.
Notice of the adoption of the resolution of intention,
whether adopted on the initiative of the board or pursuant to
a petition of the property owners, shall be published in at least
two consecutive issues of a newspaper of general circulation
in the proposed local district, the date of the first publication
to be at least fifteen days prior to the date fixed by such resolution for hearing before the county legislative authority.
Notice of the adoption of the resolution of intention shall also
be given each owner or reputed owner of any lot, tract, parcel
of land, or other property within the proposed local district by
mailing said notice at least fifteen days before the date fixed
for the public hearing to the owner or reputed owner of the
property as shown on the tax rolls of the county treasurer at
the address shown thereon. The notice shall refer to the resolution of intention and designate the proposed local district
by number. Said notice shall also set forth the nature of the
proposed improvement, the total estimated cost, the proportion of total cost to be borne by assessments, the estimated
amount of the cost and expense of such improvement to be
borne by the particular lot, tract, or parcel, the date, time, and
place of the hearing before the county legislative authority;
and in the case of improvements initiated by resolution, said
notice shall also state that all persons desiring to object to the
formation of the proposed district must file their written protests with the clerk of the county legislative authority before
the time fixed for said public hearing. [2002 c 168 § 2; 1981
c 313 § 4; 1971 ex.s. c 96 § 10; 1967 c 72 § 23.]
Severability—1981 c 313: See note following RCW 36.94.020.
Construction—Severability—1971 ex.s. c 96: See notes following
RCW 36.94.010.
36.94.232 Local improvement districts and utility
local improvement districts—Notice must contain statement that assessments may vary from estimates. Any
notice given to the public or to the owners of specific lots,
tracts, or parcels of land relating to the formation of a local
improvement district or utility local improvement district
shall contain a statement that actual assessments may vary
from assessment estimates so long as they do not exceed a
36.94.232
(2008 Ed.)
36.94.240
figure equal to the increased true and fair value the improvement adds to the property. [1989 c 243 § 6.]
36.94.235 Local improvement districts and utility
local improvement districts—Sanitary sewer or potable
water facilities—Notice to certain property owners.
Whenever it is proposed that a local improvement district or
utility local improvement district finance sanitary sewers or
potable water facilities, additional notice of the public hearing on the proposed improvement district shall be mailed to
the owners of any property located outside of the proposed
improvement district that would be required as a condition of
federal housing administration loan qualification, at the time
of notice, to be connected to the specific sewer or water facilities installed by the local improvement district. The notice
shall include information about this restriction. [1987 c 315
§ 3.]
36.94.235
36.94.240 Local improvement districts and utility
local improvement districts—Hearing—Improvement
ordered—Divestment of power to order, time limitation—Assessment roll. Whether the improvement is initiated by petition or resolution, the county legislative authority
shall conduct a public hearing at the time and place designated in the notice to the property owners. At this hearing the
authority shall hear objections from any person affected by
the formation of the local district and may make such changes
in the boundaries of the district or such modifications in plans
for the proposed improvement as are deemed necessary:
PROVIDED, That the authority may not change the boundaries of the district to include property not previously
included therein without first passing a new resolution of
intention and giving a new notice to property owners in the
manner and form and within the time herein provided for the
original notice.
After said hearing the county legislative authority has
jurisdiction to overrule protests and proceed with any such
improvement initiated by petition or resolution: PROVIDED, That the jurisdiction of the authority to proceed with
any improvement initiated by resolution shall be divested by
protests filed with the clerk of the authority prior to said public hearing signed by the owners, according to the records of
the county auditor, of at least forty percent of the area of land
within the proposed local district. No action whatsoever may
be maintained challenging the jurisdiction or authority of the
county to proceed with the improvement and creating the
local district or in any way challenging the validity thereof or
any proceedings relating thereto unless that action is served
and filed no later than thirty days after the date of passage of
the resolution ordering the improvement and creating the
local district.
If the county legislative authority finds that the district
should be formed, it shall by resolution order the improvement, adopt detailed plans of the local district and declare the
estimated cost thereof, acquire all necessary land therefor,
pay all damages caused thereby, and commence in the name
of the county such eminent domain proceedings and supplemental assessment or reassessment proceedings to pay all
eminent domain awards as may be necessary to entitle the
county to proceed with the work. The county legislative
36.94.240
[Title 36 RCW—page 299]
36.94.250
Title 36 RCW: Counties
authority shall proceed with the work and file with the county
treasurer its roll levying special assessments in the amount to
be paid by special assessment against the property situated
within the local district in proportion to the special benefits to
be derived by the property therein from the improvement.
[1981 c 313 § 5; 1971 ex.s. c 96 § 11; 1967 c 72 § 24.]
thereto may be considered by the county legislative authority
or committee or officer or by any court on appeal unless such
objection be made in writing at, or prior, to the date fixed for
the original hearing upon such roll. [1981 c 313 § 18; 1967 c
72 § 26.]
Severability—1981 c 313: See note following RCW 36.94.020.
Severability—1981 c 313: See note following RCW 36.94.020.
Construction—Severability—1971 ex.s. c 96: See notes following
RCW 36.94.010.
36.94.250 Local improvement districts and utility
local improvement districts—Notice of filing roll—Hearing on protests. Before the approval of the roll a notice shall
be published once a week for two consecutive weeks in a
newspaper of general circulation in the local district, stating
that the roll is on file and open to inspection in the office of
the county legislative authority, and fixing the time, not less
than fifteen or more than forty-five days from the date of the
first publication of the notice, within which protests must be
filed with the clerk against any assessments shown thereon,
and fixing a time when a hearing will be held on the protests.
The hearing shall be held before the county legislative
authority, or the county legislative authority may direct that
the hearing shall be held before either a committee of the legislative authority or a designated officer. The notice shall also
be given by mailing at least fifteen days before the hearing, a
similar notice to the owners or reputed owners of the land in
the local district as they appear on the books of the treasurer
of the county. [1981 c 313 § 17; 1967 c 72 § 25.]
36.94.250
Severability—1981 c 313: See note following RCW 36.94.020.
36.94.260 Local improvement districts and utility
local improvement districts—Hearing on protests—
Order—Appeal. (1) At such hearing on a protest to an
assessment, or any adjournment thereof, the county legislative authority or committee or officer shall sit as a board of
equalization. If the protest is heard by the county legislative
authority, it shall have power to correct, revise, raise, lower,
change, or modify such roll, or any part thereof, and to set
aside such roll, and order that such assessment be made de
novo, as shall appear equitable and just. If the protest is heard
by a committee or officer, the committee or officer shall
make recommendations to the county legislative authority
which shall either adopt or reject the recommendations of the
committee or officer. If a hearing is held before such a committee or officer, it shall not be necessary to hold a hearing on
the assessment roll before such legislative authority: PROVIDED, That any county providing for an officer to hear
such protests shall adopt an ordinance providing for an
appeal from a decision made by the officer that any person
protesting his or her assessment may make to the legislative
authority. The county legislative authority shall, in all
instances, approve the assessment roll by ordinance or resolution.
(2) In the event of any assessment being raised a new
notice similar to such first notice shall be given, after which
final approval of such roll may be made by the county legislative authority or committee or officer. Whenever any property has been entered originally upon such roll and the assessment upon any such property shall not be raised, no objection
36.94.260
[Title 36 RCW—page 300]
36.94.270 Local improvement districts and utility
local improvement districts—Enlarged local district may
be formed. If any portion of the system after its installation
in such local district is not adequate for the purpose for which
it was intended, or that for any reason changes, alterations, or
betterments are necessary in any portion of the system after
its installation, then such district, with boundaries which may
include one or more existing local districts, may be created in
the same manner as is provided herein for the creation of
local districts. Upon the organization of such local district as
provided for in this section the plan of the improvement and
the payment of the cost of the improvement shall be carried
out in the same manner as is provided herein for the carrying
out of and the paying for the improvement in the utility local
improvement districts or local improvement districts previously provided for in this chapter. [1981 c 313 § 6; 1967 c 72
§ 27.]
36.94.270
Severability—1981 c 313: See note following RCW 36.94.020.
36.94.280 Local improvement districts and utility
local improvement districts—Conclusiveness of roll when
approved—Adjustments to assessments if other funds
become available. Whenever any assessment roll for local
improvements has been confirmed by the county legislative
authority, the regularity, validity and correctness of the proceedings relating to the improvement and to the assessment
therefor, including the action of the county legislative authority upon the assessment roll and the confirmation thereof,
shall be conclusive in all things upon all parties, and cannot
in any manner be contested or questioned in any proceeding
by any person not filing written objections to the assessment
roll in the manner and within the time provided in this chapter, and not appealing from the action of the county legislative authority in confirming the assessment roll in the manner
and within the time in this chapter provided. No proceedings
of any kind shall be commenced or prosecuted for the purpose of defeating or contesting any assessment, or the sale of
any property to pay an assessment, or any certificate of delinquency issued therefor, or the foreclosure of any lien issued
therefor: PROVIDED, That this section shall not be construed as prohibiting the bringing of injunction proceedings
to prevent the sale of any real estate upon the grounds:
(1) That the property about to be sold does not appear
upon the assessment roll, or
(2) That the assessment has been paid.
If federal, local, or state funds become available for a
local improvement after the assessment roll has been confirmed by the county legislative authority, the funds may be
used to lower the assessments on a uniform basis. Any adjustments to the assessments because of the availability of federal or state funds may be made on the next annual payment.
[1985 c 397 § 10; 1967 c 72 § 28.]
36.94.280
Severability—1985 c 397: See RCW 35.51.901.
(2008 Ed.)
Sewerage, Water, and Drainage Systems
36.94.290
36.94.290 Local improvement districts and utility
local improvement districts—Appellate review. The decision of the board of county commissioners upon any objections made within the time and in the manner herein prescribed, may be reviewed by the superior court upon an
appeal thereto taken in the following manner. Such appeal
shall be made by filing written notice of appeal with the clerk
of the board of county commissioners and with the clerk of
the superior court within ten days after the resolution confirming such assessment roll shall have become published,
and such notice shall describe the property and set forth the
objections of such appellant to such assessment. Within the
ten days from the filing of such notice of appeal with the clerk
of the superior court, the appellant shall file with the clerk of
said court, a transcript consisting of the assessment roll and
his objections thereto, together with the resolution confirming such assessment roll and the record of the board of county
commissioners with reference to said assessment, which transcript, upon payment of the necessary fees therefor, shall be
furnished by such clerk of the board of county commissioners
and by him certified to contain full, true and correct copies of
all matters and proceedings required to be included in such
transcript. Such fees shall be the same as the fees payable to
the county clerk for the preparation and certification of transcripts on appeal to the supreme court or the court of appeals
in civil actions. At the time of the filing of the notice of
appeal with the clerk of the superior court a sufficient bond in
the penal sum of two hundred dollars, with sureties thereon as
provided by law for appeals in civil cases, shall be filed conditioned to prosecute such appeal without delay, and if unsuccessful, to pay all costs to which the county is put by reason
of such appeal. The court may order the appellant upon application therefor, to execute and file such additional bond or
bonds as the necessity of the case may require. Within three
days after such transcript is filed in the superior court, as
aforesaid, the appellant shall give written notice to the clerk
of the board of county commissioners that such transcript is
filed. Said notice shall state a time, not less than three days
from the service thereof, when the appellant will call up the
said cause for hearing. The superior court shall, at said time
or at such further time as may be fixed by order of the court,
hear and determine such appeal without a jury, and such
cause shall have preference over all civil causes pending in
said court, except proceedings under an act relating to eminent domain in such county and actions of forcible entry and
detainer. The judgment of the court shall confirm, correct,
modify or annul the assessment insofar as the same affects
the property of the appellant. A certified copy of the decision
of the court shall be filed with the officer who shall have the
custody of the assessment roll, and he shall modify and correct such assessment roll in accordance with such decision.
Appellate review of the judgment of the superior court may
be sought as in other cases. However, review must be sought
within fifteen days after the date of the entry of the judgment
of such superior court. The supreme court or the court of
appeals on such appeal may correct, change, modify, confirm
or annul the assessment insofar as the same affects the property of the appellant. A certified copy of the order of the
supreme court or the court of appeals upon such appeal shall
be filed with the officer having custody of such assessment
roll, who shall thereupon modify and correct such assessment
(2008 Ed.)
36.94.320
roll in accordance with such decision. [1988 c 202 § 41; 1971
c 81 § 98; 1967 c 72 § 29.]
Rules of court: Cf. RAP 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
36.94.300 Local improvement districts and utility
local improvement districts—Segregation of special
assessment—Fee—Costs. Whenever any land against
which there has been levied any special assessment by a
county shall have been sold in part or subdivided, the board
of county commissioners of such county shall have the power
to order a segregation of the assessment.
Any person desiring to have such a special assessment
against a tract of land segregated to apply to smaller parts
thereof shall apply to the board of county commissioners
which levied the assessment. If the board determines that a
segregation should be made, they shall by resolution order
the county treasurer to make segregation on the original
assessment roll as directed in the resolution. The segregation
shall be made as nearly as possible on the same basis as the
original assessment was levied, and the total of the segregated parts of the assessment shall equal the assessment
before segregation. The resolution shall describe the original
tract, the amount and date of the original assessment, and
shall define the boundaries of the divided parts and the
amount of the assessment chargeable to each part. A certified
copy of the resolution shall be delivered to the county treasurer who shall proceed to make the segregation ordered
upon being tendered a fee of three dollars for each tract of
land for which a segregation is to be made. In addition to such
charge the board of county commissioners may require as a
condition to the order of segregation that the person seeking
it pay the county the reasonable engineering and clerical
costs incident to making the segregation. [1967 c 72 § 30.]
36.94.300
36.94.305 Service fees for sewers not constructed
within ten years after voter approval—Credit against
future assessments, service charges. See RCW 35.43.260.
36.94.305
36.94.310 Transfer of system from municipal corporation to county—Authorized. Subject to the provisions of
RCW 36.94.310 through 36.94.350 a municipal corporation
may transfer to the county within which all of its territory
lies, all or part of the property constituting its system of sewerage, system of water or combined water and sewerage system, together with any of its other real or personal property
used or useful in connection with the operation, maintenance,
repair, replacement, extension, or financing of that system,
and the county may acquire such property on such terms as
may be mutually agreed upon by the governing body of the
municipal corporation and the legislative authority of the
county, and approved by the superior court for such county.
[1975 1st ex.s. c 188 § 7.]
36.94.310
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
36.94.320 Transfer of system from municipal corporation to county—Assumption of indebtedness. In consideration of a transfer of property by a municipal corporation to
a county in the manner provided in RCW 36.94.310 through
36.94.350, a county may assume and agree to pay or provide
36.94.320
[Title 36 RCW—page 301]
36.94.330
Title 36 RCW: Counties
for the payment of all or part of the indebtedness of a municipal corporation including the payment and retirement of outstanding general obligation and revenue bonds issued by a
municipal corporation. Until the indebtedness of a municipal
corporation thus assumed by a county has been discharged,
all property within the municipal corporation and the owners
and occupants of that property, shall continue to be liable for
taxes, special assessments, and other charges legally pledged
to pay such indebtedness. The county may assume the obligation of causing the payment of such indebtedness, collecting
such taxes, assessments, and charges and observing and performing the other contractual obligations of the municipal
corporation. The legislative authority of the county may act
in the same manner as the governing body of the municipal
corporation for the purpose of certifying the amount of any
property tax to be levied and collected therein, and may cause
service and other charges and assessments to be collected
from such property or owners or occupants thereof, enforce
such collection and perform all other acts necessary to insure
performance of the contractual obligations of the municipal
corporation in the same manner and by the same means as if
the property of the municipal corporation had not been
acquired by the county.
When a county assumes the obligation of paying indebtedness of a municipal corporation and if property taxes or
assessments have been levied and service and other charges
have accrued for such purpose but have not been collected by
the municipal corporation prior to such assumption, the same
when collected shall belong and be paid to the county and be
used by such county so far as necessary for payment of the
indebtedness of the municipal corporation existing and
unpaid on the date such county assumed that indebtedness.
Any funds received by the county which have been collected
for the purpose of paying any bonded or other indebtedness
of the municipal corporation shall be used for the purpose for
which they were collected and for no other purpose until such
indebtedness has been paid and retired or adequate provision
has been made for such payment and retirement. No transfer
of property as provided in *this amendatory act shall derogate from the claims or rights of the creditors of the municipal corporation or impair the ability of the municipal corporation to respond to its debts and obligations. [1975 1st ex.s.
c 188 § 8.]
*Reviser’s note: For codification of "this amendatory act" [1975 1st
ex.s. c 188], see Codification Tables, Volume 0.
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
36.94.330 Transfer of system from municipal corporation to county—Transfer agreement. The governing
body of a municipal corporation proposing to transfer all or
part of its property to a county in the manner provided by
RCW 36.94.310 through 36.94.350 and the legislative
authority of a county proposing to accept such property, and
to assume if it so agrees any indebtedness of the municipal
corporation in consideration of such transfer, shall adopt resolutions or ordinances authorizing respectively the execution
of a written agreement setting forth the terms and conditions
upon which they have agreed and finding the transfer and
acquisition of property pursuant to such agreement to be in
the public interest and conducive to the public health, safety,
welfare, or convenience. Such written agreement may
36.94.330
[Title 36 RCW—page 302]
include provisions, by way of description and not by way of
limitation, for the rights, powers, duties, and obligations of
such municipal corporation and county with regard to the use
and ownership of property, the providing of services, the
maintenance and operation of facilities, the allocation of
costs, the financing and construction of new facilities, the
application and use of assets, the disposition of liabilities and
indebtedness, the performance of contractual obligations, and
any other matters relating to the proposed transfer of property, which may be preceded by an interim period of operation by the county of the property and facilities subsequently
to be transferred to that county. The agreement may provide
for a period of time during which the municipal corporation
may continue to exercise certain rights, privileges, powers,
and functions authorized to it by law including the ability to
promulgate rules and regulations, to levy and collect special
assessments, rates, charges, service charges and connection
fees, and to adopt and carry out the provisions of a comprehensive plan, and amendments thereto, for a system of
improvements and to issue general obligation bonds or revenue bonds in the manner provided by law, or the agreement
may provide for the exercise for a period of time of all or
some of such rights, privileges, powers, and functions by the
county. The agreement may provide that either party thereto
may authorize, issue and sell, in the manner provided by law,
revenue bonds to provide funds for new water or sewer
improvements or to refund or advance refund any water revenue, sewer revenue or combined water and sewer revenue
bonds outstanding of either or both such parties. The agreement may provide that either party thereto may authorize and
issue, in the manner provided by law, general obligation or
revenue bonds of like amounts, terms, conditions and covenants as the outstanding bonds of either or both such parties
and such new bonds may be substituted or exchanged for
such outstanding bonds to the extent permitted by law. [1975
1st ex.s. c 188 § 9.]
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
36.94.340
36.94.340 Transfer of system from municipal corporation to county—Petition for court approval of transfer—Hearing—Decree. When a municipal corporation and
a county have entered into a written agreement providing for
the transfer to such county of all or part of the property of
such municipal corporation, proceedings may be initiated in
the superior court for that county by the filing of a petition to
which there shall be attached copies of the agreement of the
parties and of the resolutions of the governing body of the
municipal corporation and the legislative authority of the
county authorizing its execution. Such petition shall ask that
the court approve and direct the proposed transfer of property, and any assumption of indebtedness agreed to in consideration thereof by the county, after finding such transfer and
acquisition of property to be in the public interest and conducive to the public health, safety, welfare, or convenience.
Such petition shall be signed by the members of the legislative authority of the county or chief administrative officer of
the municipal corporation and the chairman of the legislative
authority of the county, respectively, upon authorization by
the governing body of the municipal corporation and the legislative authority of the county.
(2008 Ed.)
Sewerage, Water, and Drainage Systems
Within thirty days after the filing of the petition of the
parties with copies of their agreement and the resolutions
authorizing its execution attached thereto, the court shall by
order fix a date for a hearing on the petition not less than
twenty nor more than ninety days after the entry of such order
which also shall prescribe the form and manner of notice of
such hearing to be given. After considering the petition and
such evidence as may be presented at the hearing thereon, the
court may determine by decree that the proposed transfer of
property is in the public interest and conducive to the public
health, safety, welfare, or convenience, approve the agreement of the parties and direct that such transfer be accomplished in accordance with that agreement at the time and in
the manner prescribed by the court decree. [1975 1st ex.s. c
188 § 10.]
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
36.94.350 Transfer of system from municipal corporation to county—Dissolution of municipal corporation.
In the event the agreement of the parties provides for the
transfer to the county of all the property of the municipal corporation or all such property except bond redemption funds
in the possession of the county treasurer from which outstanding bonds of the municipal corporation are payable, and
the agreement also provides for the assumption and payment
by the county of all the indebtedness of the municipal corporation including the payment and retirement of all its outstanding bonds, and if the petition of the parties so requests,
the court in the decree approving and directing the transfer of
property, or in a subsequent decree, may dissolve the municipal corporation effective as of the time of transfer of property or at such time thereafter as the court may determine and
establish. [1975 1st ex.s. c 188 § 11.]
36.94.350
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
36.94.360 Transfer of system from municipal corporation to county—RCW 36.94.310 through 36.94.350
deemed alternative method. The provisions of RCW
36.94.310 through 36.94.350 shall be deemed to provide an
alternative method for the doing of the things therein authorized and shall not be construed as imposing any additional
conditions upon the exercise of any other powers vested in
municipal corporations or counties. [1975 1st ex.s. c 188 §
12.]
36.94.360
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
36.94.370 Waiver or delay of collection of tap-in
charges, connection or hookup fees for low income persons. Whenever a county waives or delays collection of tapin charges, connection fees or hookup fees for low income
persons, or class of low income persons, to connect to a system of sewerage or a system of water, the waiver or delay
shall be pursuant to a program established by ordinance.
[1980 c 150 § 2.]
36.94.370
36.94.380 Local improvement bonds—Local
improvement guaranty fund—Payments—Assessments—Certificates of delinquency. Every county adopting a water and/or sewerage general plan is hereby authorized
to create a fund for the purpose of guaranteeing, to the extent
36.94.380
(2008 Ed.)
36.94.380
of such fund, and in the manner hereinafter provided, the payment of all of its local improvement bonds issued, subsequent
to May 19, 1981, to pay for any water or sewerage local
improvement within its confines. Such fund shall be designated ". . . . . . County Local Improvement Guaranty Fund"
and shall be established by resolution of the county legislative authority. For the purpose of maintaining such fund,
every county, after the establishment thereof, shall at all
times set aside and pay into such a fund such proportion of
the monthly gross revenues of the water and/or sewerage system of such county as the legislative authority thereof may
direct by resolution. This proportion may be varied from time
to time as the county legislative authority deems expedient or
necessary, except that under the existence of the conditions
set forth in subsections (1) and (2) of this section, the proportion must be as therein specified.
(1) Whenever any bonds of any local improvement district have been guaranteed under RCW 36.94.380 through
36.94.400 and the guaranty fund does not have a cash balance
equal to five percent of all bonds originally guaranteed under
this chapter (excluding issues which have been retired in
full), then five percent of the gross monthly revenues derived
from all water and sewer users in the territory included in that
local improvement district (but not necessarily from users in
other parts of the county as a whole) may be set aside and
paid into the guaranty fund. Whenever, under the requirements of this subsection, the cash balance accumulates so that
it is equal to five percent of all bonds guaranteed, or to the full
amount of all bonds guaranteed, outstanding and unpaid
(which amount might be less than five percent of the original
total guaranteed), then no further moneys need be set aside
and paid into the guaranty fund so long as that condition continues.
(2) Whenever any warrants issued against the guaranty
fund, as provided in this section, remain outstanding and
uncalled for lack of funds for six months from the date of
issuance thereof; or whenever any coupons or bonds guaranteed under this chapter have been matured for six months and
have not been redeemed either in cash or by issuance and
delivery of warrants upon the guaranty fund, then five percent of the gross monthly revenues (or such portion thereof as
the county legislative authority determines will be sufficient
to retire those warrants or redeem those coupons or bonds in
the ensuing six months) derived from all water and/or sewer
users in the county shall be set aside and paid into the guaranty fund. Whenever under the requirements of this subsection all such warrants, coupons, or bonds have been
redeemed, no further income need be set aside and paid into
the guaranty fund under the requirements of this subsection
until and unless other warrants remain outstanding and
unpaid for six months or other coupons or bonds default.
(3) For the purpose of complying with the requirements
of setting aside and paying into the local improvement guaranty fund a proportion of the monthly gross revenues of the
water supply and/or sewerage system of any county, that
county shall bind and obligate itself to maintain and operate
such system and further bind and obligate itself to establish,
maintain, and collect such rates for water as will provide
gross revenues sufficient to maintain and operate such systems and to make necessary provision for the local improvement guaranty fund as specified by this section, and the
[Title 36 RCW—page 303]
36.94.390
Title 36 RCW: Counties
county shall alter its rates for water or sewer service from
time to time and shall vary the same in different portions of
its territory to comply with those requirements.
(4) Whenever any coupon or bond guaranteed by RCW
36.94.380 through 36.94.400 matures and there is not sufficient funds in the appropriate local improvement district
bond redemption fund to pay the coupon or bond, then the
county treasurer shall pay the coupon or bond from the local
improvement guaranty fund of the county; if there is not sufficient funds in the guaranty fund to pay the coupon or bond,
then it may be paid by issuance and delivery of a warrant
upon the local improvement guaranty fund.
(5) Whenever the cash balance in the local improvement
guaranty fund is insufficient for the required purposes, warrants drawing interest of a rate fixed by the county legislative
authority may be issued by the county auditor against the
fund to meet any liability accrued against it and must be
issued upon demand of the holders of any maturing coupons
and/or bonds guaranteed by RCW 36.94.380 through
36.94.400, or to pay for any certificates of delinquency for
delinquent installments of assessments as provided in subsection (6) of this section. Guaranty fund warrants shall be a first
lien in their order of issuance upon the gross revenues set
aside and paid into the guaranty fund.
(6) Within twenty days after the date of delinquency of
any annual installment of assessments levied for the purpose
of paying the local improvement bonds of any county guaranteed under the provisions of this chapter, the county treasurer
shall compile a statement of all installments delinquent,
together with the amount of accrued interest and penalty
appurtenant to each of those installments. Thereupon the
county treasurer shall forthwith purchase certificates of delinquency for all such delinquent installments. Payment for all
such certificates of delinquency shall be made from the local
improvement guaranty fund, and if there is not sufficient
moneys in the fund to pay for such certificates of delinquency, the county treasurer shall accept the local improvement guaranty fund warrants in payment therefor. All such
certificates of delinquency shall be issued in the name of the
local improvement guaranty fund, and all guaranty fund warrants issued in payment therefor shall be issued in the name
of the appropriate local improvement district fund. Whenever
any market is available and the county legislative authority so
directs, the county treasurer shall sell any certificates of
delinquency belonging to the local improvement guaranty
fund, but any such sale may not be for less than face value
thereof plus accrued interest from the date of issuance to date
of sale.
Such certificates of delinquency, as above provided,
shall be issued by the county treasurer, shall bear interest at
the rate of eight percent per annum, shall be in each instance
for the face value of the delinquent installment, plus accrued
interest to date of issuance of certificate of delinquency, plus
a penalty of five percent of such face value, and shall set forth
the:
(a) Description of the property assessed;
(b) Date the installment of the assessment became delinquent; and
(c) Name of the owner or reputed owner, if known.
Such certificates of delinquency may be redeemed by the
owners of the property assessed at any time up to two years
[Title 36 RCW—page 304]
from the date of foreclosure of such certificate of delinquency.
If any certificate of delinquency is not redeemed by the
second occurring first day of January subsequent to its issuance, the county treasurer shall then proceed to foreclose
such certificate of delinquency in the manner specified for the
foreclosure of the lien of local improvement assessments,
pursuant to the laws applicable to cities or towns; and if no
redemption is made within the succeeding two years the treasurer shall execute and deliver a deed conveying fee simple
title to the property described in the foreclosed certificate of
delinquency. [1981 c 313 § 7.]
Severability—1981 c 313: See note following RCW 36.94.020.
36.94.390 Local improvement bonds—Local
improvement guaranty fund—Subrogation—Interest—
Purchase of real property at foreclosure sales. Whenever
there is paid out of a guaranty fund any sum on account of
principal or interest upon the local improvement bond, or on
account of purchase of certificates of delinquency, the
county, as trustee for the fund, shall be subrogated to all
rights of the holder of the bonds, or interest coupons, or delinquent assessment installments, so paid; and the proceeds
thereof, or of the assessment or assessments underlying the
same, shall become a part of the guaranty fund. There shall
also be paid into each guaranty fund the interest received
from the bank deposits of the fund, as well as any surplus
remaining in the local improvement funds guaranteed under
this chapter, after the payment of all outstanding bonds payable primarily out of such local improvement funds. As
among the several issues of bonds guaranteed by the fund, no
preference exists, but defaulted interest coupons and/or
bonds shall be purchased out of the fund in the order of their
presentation.
The legislative authority of every county operating under
the provisions of RCW 36.94.380 through 36.94.400 shall by
resolution prescribe appropriate rules for the guaranty fund,
not inconsistent with this chapter. So much of the money of a
guaranty fund as is necessary and is not required for other
purposes under the terms of RCW 36.94.380 through
36.94.400 may, at the discretion of the county legislative
authority, be used to purchase property at county tax foreclosure sales or from the county after foreclosure in cases where
such property is subject to unpaid local improvement assessments securing bonds guaranteed under this chapter and such
purchase is deemed necessary for the purpose of protecting
the guaranty fund. In such cases the fund shall be subrogated
to all rights of the county. After so acquiring title to real property, the county may lease or resell and convey the property
in the manner that county property is authorized to be leased
or resold and for such prices and on such terms as may be
determined by resolution of the county legislative authority.
Any provision of law to the contrary notwithstanding, all proceeds resulting from such resales belong to and shall be paid
into the guaranty fund. [1981 c 313 § 8.]
36.94.390
Severability—1981 c 313: See note following RCW 36.94.020.
36.94.400 Local improvement bonds—Local
improvement guaranty fund—Claims by bondholders—
Transfer of cash balance to water and/or sewer mainte36.94.400
(2008 Ed.)
Sewerage, Water, and Drainage Systems
nance fund. Neither the holder nor the owner of any local
improvement bonds guaranteed under the provisions of RCW
36.94.380 through 36.94.400 has any claim therefor against
the county by which the bonds are issued, except for payment
from the special assessments made for the improvement for
which the local improvement bonds were issued, and except
as against the local improvement guaranty fund of the
county; and the county is not liable to any holder or owner of
such local improvement bond for any loss to the guaranty
fund occurring in the lawful operation thereof by the county.
The remedy of the holder or owner of a local improvement
bond, in the case of nonpayment, is confined to the enforcement of the assessment and to the guaranty fund. A copy of
the foregoing part of this section shall be plainly written,
printed, or engraved on each local improvement bond guaranteed by RCW 36.94.380 through 36.94.400. The establishment of a local improvement guaranty fund by any county
shall not be deemed at variance from any water and/or sewerage general plan or amendment thereto heretofore adopted by
such county.
If any local improvement guaranty fund authorized
under RCW 36.94.380 through 36.94.400 at any time has a
cash balance, and the obligations guaranteed thereby have all
been paid off, then such balance shall be transferred to the
water and/or sewer maintenance fund of the county. [1981 c
313 § 9.]
Severability—1981 c 313: See note following RCW 36.94.020.
36.94.410 Transfer of system from county to watersewer district. A system of sewerage, system of water or
combined water and sewerage systems operated by a county
under the authority of this chapter may be transferred from
that county to a water-sewer district in the same manner as is
provided for the transfer of those functions from a watersewer district to a county in RCW 36.94.310 through
36.94.340. [1999 c 153 § 51; 1984 c 147 § 1.]
36.94.410
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Actions not subject to review by boundary review board: RCW 36.93.105.
36.94.420 Transfer of system from county to watersewer district—Annexation—Hearing—Public notice—
Operation of system. If so provided in the transfer agreement, the area served by the system shall, upon completion of
the transfer, be deemed annexed to and become a part of the
water-sewer district acquiring the system. The county shall
provide notice of the hearing by the county legislative authority on the ordinance executing the transfer agreement under
RCW 36.94.330 as follows: (1) By mailed notice to all ratepayers served by the system at least fifteen days prior to the
hearing; and (2) by notice in a newspaper of general circulation once at least fifteen days prior to the hearing.
In the event of an annexation under this section resulting
from the transfer of a system of sewerage, a system of water,
or combined water and sewer systems from a county to a
water-sewer district, the water-sewer district shall operate the
system or systems under the provisions of Title 57 RCW.
[1999 c 153 § 52; 1996 c 230 § 1609; 1985 c 141 § 1; 1984 c
147 § 2.]
36.94.420
Part headings not law—1999 c 153: See note following RCW
57.04.050.
(2008 Ed.)
36.94.460
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
36.94.430 Transfer of system from county to watersewer district—Alternative method. The provisions of
RCW 36.94.410 and 36.94.420 provide an alternative method
of accomplishing the transfer permitted by those sections and
do not impose additional conditions upon the exercise of
powers vested in water-sewer districts and counties. [1999 c
153 § 49; 1984 c 147 § 3.]
36.94.430
Part headings not law—1999 c 153: See note following RCW
57.04.050.
36.94.440 Transfer of system from county to watersewer district—Decree by superior court. If the superior
court finds that the transfer agreement authorized by RCW
36.94.410 is legally correct and that the interests of the owners of related indebtedness are protected, then the court by
decree shall direct that the transfer be accomplished in accordance with the agreement. [1984 c 147 § 4.]
36.94.440
36.94.450 Water conservation programs—Issuance
of revenue bonds. A county engaged in the sale or distribution of water may issue revenue bonds, or other evidence of
indebtedness in the manner provided by this chapter for the
purpose of defraying the cost of financing programs for the
conservation or more efficient use of water. The bonds or
other evidence of indebtedness shall be deemed to be for capital purposes. [1992 c 25 § 2.]
36.94.450
36.94.460 Water conservation programs—Counties
authorized to provide assistance to water customers. Any
county engaged in the sale or distribution of water is hereby
authorized, within limits established by the Constitution of
the state of Washington, to assist the owners of structures that
are provided water service by the county in financing the
acquisition and installation of fixtures, systems, and equipment, for compensation or otherwise, for the conservation or
more efficient use of water in the structures under a water
conservation plan adopted by the county if the cost per unit of
water saved or conserved by the use of the fixtures, systems,
and equipment is less than the cost per unit of water supplied
by the next least costly new water source available to the
county to meet future demand. Except where otherwise
authorized, assistance shall be limited to:
(1) Providing an inspection of the structure, either
directly or through one or more inspectors under contract, to
determine and inform the owner of the estimated cost of purchasing and installing conservation fixtures, systems, and
equipment for which financial assistance will be approved
and the estimated life cycle savings to the water system and
the consumer that are likely to result from the installation of
the fixtures, systems, or equipment;
(2) Providing a list of businesses that sell and install the
fixtures, systems, and equipment within or in close proximity
to the service area of the county, each of which businesses
shall have requested to be included and shall have the ability
to provide the products in a workmanlike manner and to utilize the fixtures, systems, and equipment in accordance with
the prevailing national standards;
36.94.460
[Title 36 RCW—page 305]
36.94.470
Title 36 RCW: Counties
(3) Arranging to have approved conservation fixtures,
systems, and equipment installed by a private contractor
whose bid is acceptable to the owner of the structure and verifying the installation; and
(4) Arranging or providing financing for the purchase
and installation of approved conservation fixtures, systems,
and equipment. The fixtures, systems, and equipment shall be
purchased or installed by a private business, the owner, or the
utility.
Pay back shall be in the form of incremental additions to
the utility bill, billed either together with [the] use charge or
separately. Loans shall not exceed one hundred twenty
months in length. [1992 c 25 § 3.]
36.94.470 Storm or surface water drains or facilities—Annexation, incorporation of area by city or town—
Imposition of rates and charges by county. Whenever a
city or town annexes an area, or a city or town incorporates an
area, and the county has issued revenue bonds or general
obligation bonds to finance storm or surface water drains or
facilities that are payable in whole or in part from rates or
charges imposed in the area, the county shall continue imposing all portions of the rates or charges that are allocated to
payment of the debt service on bonds in that area after the
effective date of the annexation or official date of the incorporation until: (1) The debt is retired; (2) any debt that is
issued to refinance the underlying debt is retired; or (3) the
city or town reimburses the county amount that is sufficient
to retire that portion of the debt borne by the annexed or
incorporated area. The county shall construct all facilities
included in the storm water plan intended to be financed by
the proceeds of such bonds. If the county provides storm
water management services to the city or town by contract,
the contract shall consider the value of payments made by
property owners to the county for the payment of debt service.
The provisions of this section apply whether or not the
bonds finance facilities that are geographically located within
the area that is annexed or incorporated. [1993 c 361 § 2.]
county may, as part of maintaining a system of sewerage
and/or water, participate in and expend revenue on cooperative watershed management actions, including watershed
management partnerships under RCW 39.34.210 and other
intergovernmental agreements, for purposes of water supply,
water quality, and water resource and habitat protection and
management. [2003 c 327 § 9.]
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
36.94.900 Declaration of purpose. This chapter is
hereby declared to be necessary for the public peace, health,
safety and welfare and declared to be a county purpose and
that the bonds and special assessments authorized hereby are
found to be for a public purpose. [1967 c 72 § 33.]
36.94.900
36.94.470
36.94.480 Assumption of substandard water system—Limited immunity from liability. A county assuming responsibility for a water system that is not in compliance
with state or federal requirements for public drinking water
systems, and its agents and employees, are immune from
lawsuits or causes of action, based on noncompliance with
state or federal requirements for public drinking water systems, which predate the date of assuming responsibility and
continue after the date of assuming responsibility, provided
that the county has submitted and is complying with a plan
and schedule of improvements approved by the department
of health. This immunity shall expire on the earlier of the date
the plan of improvements is completed or four years from the
date of assuming responsibility. This immunity does not
apply to intentional injuries, fraud, or bad faith. [1994 c 292
§ 7.]
36.94.910 Authority—Liberal construction of chapter—Modification of inconsistent acts. This chapter shall
be complete authority for the establishment, construction and
operation and maintenance of a system or systems of sewerage and/or water hereby authorized, and shall be liberally
construed to accomplish its purpose. Any act inconsistent
herewith shall be deemed modified to conform with the provisions of this chapter for the purpose of this chapter only.
[1967 c 72 § 31.]
36.94.910
36.94.920 Severability—1967 c 72. If any portion of
this chapter as now or hereafter amended, or its application to
any person or circumstances, is held invalid or unconstitutional, such adjudication shall not affect the validity of the
chapter as a whole, or any section, provision or part thereof
not adjudged to be invalid or unconstitutional, and its application to other persons or circumstances shall not be affected.
[1967 c 72 § 32.]
36.94.920
36.94.921 Severability—1975 1st ex.s. c 188. If any
provision of this 1975 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or
circumstances shall not be affected. [1975 1st ex.s. c 188 §
13.]
36.94.921
36.94.480
Findings—Intent—1994 c 292: See note following RCW 57.04.050.
36.94.490 Cooperative watershed management. In
addition to the authority provided in RCW 36.94.020, a
36.94.490
[Title 36 RCW—page 306]
Chapter 36.95
Chapter 36.95 RCW
TELEVISION RECEPTION
IMPROVEMENT DISTRICTS
Sections
36.95.010
36.95.020
36.95.030
36.95.040
36.95.050
36.95.060
36.95.070
36.95.080
36.95.090
36.95.100
36.95.110
36.95.120
36.95.130
36.95.140
36.95.150
36.95.160
36.95.180
Purpose.
Boundaries—Territory excluded.
Petition to form—Contents.
Notice of text of petition, meeting where will be considered.
Resolution creating district.
District board—Duties—How constituted—Quorum—Officers—Filling vacancies.
District board—Reimbursement of members for expenses.
List of television set owners.
County budget provisions applicable to district—Financing
budget.
Tax levied—Maximum—Exemptions.
Liability for delinquent tax and costs.
Prorating tax.
District board—Powers generally.
Signals district may utilize.
Claims against district board—Procedure upon allowance.
District treasurer—Duties—District warrants.
Costs of county officers reimbursed.
(2008 Ed.)
Television Reception Improvement Districts
36.95.190
36.95.200
36.95.210
36.95.900
Penalty for false statement as to tax exemption.
Dissolution of district by resolution—Disposition of property.
District may not be formed to operate certain translator stations.
Severability—1971 ex.s. c 155.
36.95.010 Purpose. The purposes of a television reception improvement district, hereinafter referred to in this chapter as "district", shall be to serve the public interest, convenience, and necessity in the construction, maintenance, and
operation of television and FM radio translator stations,
including appropriate electric or electronic devices for
increasing television program distribution, but said purposes
are not meant to include the construction or operation of television cable systems, commonly known and referred to as
cable TV systems or CATV. [1985 c 76 § 1; 1971 ex.s. c 155
§ 1.]
36.95.010
36.95.020 Boundaries—Territory excluded. A district’s boundary may include any part or all of any county and
may include any part or all of any incorporated area located
within the county. A district’s boundary may not include any
territory already being served by a cable TV system (CATV)
unless on August 9, 1971, there is a translator station retransmitting television signals to such territory. [1991 c 363 § 98;
1971 ex.s. c 155 § 2.]
36.95.020
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.95.030 Petition to form—Contents. A petition to
form a district may be presented to the board of county commissioners and such petition shall include: (1) A description
of the purposes of the petition; (2) a description of the purposes and powers of the proposed district; (3) a description of
the boundaries of the proposed district; and (4) the signatures
of more than fifty percent of the registered voters residing
within the boundaries of the proposed district. [1971 ex.s. c
155 § 3.]
36.95.030
36.95.040 Notice of text of petition, meeting where
will be considered. If the board of county commissioners,
with the assistance of other appropriate county officers, finds
the petition filed under RCW 36.95.030 satisfies the requirements of that section, it shall cause the text of the petition to
be published once a week for at least three consecutive weeks
in a newspaper of general circulation within the county where
the petition is presented. With the publication of the petition
there shall be published a notice of the time, date, and place
of the public meeting of the county commissioners when the
petition will be considered, stating that persons interested
may appear and be heard. [1971 ex.s. c 155 § 4.]
36.95.040
36.95.100
36.95.060 District board—Duties—How constituted—Quorum—Officers—Filling vacancies. The business of the district shall be conducted by the board of the television reception improvement district, hereinafter referred to
as the "board". The board shall be constituted as provided
under either subsection (1) or (2) of this section.
(1) The board of a district having boundaries different
from the county’s shall have either three, five, seven, or nine
members, as determined by the board of county commissioners at the time the district is created. Each member shall
reside within the boundaries of the district and shall be
appointed by the board of county commissioners for a term of
three years, or until his or her successor has qualified, except
that the board of county commissioners shall appoint one of
the members of the first board to a one-year term and two to
two-year terms. There is no limit upon the number of terms to
which a member may be reappointed after his or her first
appointment. A majority of the members of the board shall
constitute a quorum for the transaction of business, but the
majority vote of the board members shall be necessary for
any action taken by the board. The board shall elect from
among its members a chairman and such other officers as
may be necessary. In the event a seat on the board is vacated
prior to the expiration of the term of the member appointed to
such seat, the board of county commissioners shall appoint a
person to complete the unexpired term.
(2) Upon the creation of a district having boundaries
identical to those of the county (a county-wide district), the
county commissioners shall be the members of the board of
the district and shall have all the powers and duties of the
board as provided under the other sections of this chapter.
The county commissioners shall be reimbursed pursuant to
the provisions of RCW 36.95.070, and shall conduct the business of the district according to the regular rules and procedures applicable to meetings of the board of county commissioners. [1992 c 150 § 1; 1971 ex.s. c 155 § 6.]
36.95.060
36.95.070 District board—Reimbursement of members for expenses. Members of the board shall receive no
compensation for their services, but shall be reimbursed from
district funds for any actual and necessary expenses incurred
by them in the performance of their official duties. [1971
ex.s. c 155 § 7.]
36.95.070
36.95.080 List of television set owners. The board
shall, on or before the first day of July of any given year,
ascertain and prepare a list of all persons believed to own
television sets within the district and deliver a copy of such
list to the county treasurer. [1988 c 222 § 1; 1981 c 52 § 1;
1971 ex.s. c 155 § 8.]
36.95.080
36.95.090 County budget provisions applicable to
district—Financing budget. The provisions of chapter
36.40 RCW, relating to budgets, shall apply to the district.
The budget of the district shall be financed by an excise tax
imposed by the board, and described in RCW 36.95.100.
[1971 ex.s. c 155 § 9.]
36.95.090
36.95.050 Resolution creating district. If after the
public meeting or meetings on the petition, the board of
county commissioners finds that creation of the proposed district would serve the public interest, the board shall adopt a
resolution granting the petition and creating the district. Prior
to adoption however, the board may amend the petition in the
interest of carrying out the purposes of this chapter. [1971
ex.s. c 155 § 5.]
36.95.050
(2008 Ed.)
36.95.100 Tax levied—Maximum—Exemptions. The
tax provided for in RCW 36.95.090 and this section shall not
36.95.100
[Title 36 RCW—page 307]
36.95.110
Title 36 RCW: Counties
exceed sixty dollars per year per television set, and no person
shall be taxed for more than one television set, except that a
motel or hotel or any person owning in excess of five television sets shall pay at a rate of one-fifth of the annual tax rate
imposed for each of the first five television sets and one-tenth
of such rate for each additional set thereafter. An owner of a
television set within the district shall be exempt from paying
any tax on such set under this chapter: (1) If either (a) his
television set does not receive at least a class grade B contour
signal retransmitted by the television translator station or
other similar device operated by the district, as such class is
defined under regulations of the Federal Communications
Commission as of August 9, 1971, or (b) he is currently subscribing to and receiving the services of a community
antenna system (CATV) to which his television set is connected; and (2) if he filed a statement with the board claiming
his grounds for exemption. Space for such statement shall be
provided for in the tax notice which the treasurer shall send to
taxpayers in behalf of the district. [1981 c 52 § 2; 1975 c 11
§ 1; 1971 ex.s. c 155 § 10.]
engineers, laboratory personnel, attorneys, other technical or
professional assistants, and any other assistants or employees
necessary to carry out the provisions of this chapter;
(7) To contract indebtedness or borrow money and to
issue warrants or bonds to be paid from district revenues:
PROVIDED, That the bonds, warrants, or other obligations
may be in any form, including bearer or registered as provided in RCW 39.46.030: PROVIDED FURTHER, That
such warrants and bonds may be issued and sold in accordance with chapter 39.46 RCW;
(8) To prescribe tax rates for the providing of services
throughout the area in accordance with the provisions of this
chapter; and
(9) To apply for, accept, and be the holder of any permit
or license issued by or required under federal or state law.
[1985 c 76 § 2; 1983 c 167 § 102; 1980 c 100 § 2; 1971 ex.s.
c 155 § 13.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.95.140 Signals district may utilize. A district may
translate or retransmit only those signals which originate
from commercial and educational FM radio stations and
commercial and educational television stations which
directly provide, within some portion of the state of Washington, a class A grade or class B grade contour, as such classes
are defined under regulations of the Federal Communications
Commission as of August 9, 1971. [1985 c 76 § 3; 1971 ex.s.
c 155 § 14.]
36.95.140
36.95.110 Liability for delinquent tax and costs. Any
person owing the excise tax provided for under this chapter
and who fails to pay the same within sixty days after the
board or the county treasurer has sent the tax bill to him, shall
be deemed to be delinquent. Such person shall be liable for all
costs to the county or district attributable to collecting the tax
but no such excise tax or costs, nor any judgment based
thereon, shall be deemed to create a lien against real property.
[1981 c 52 § 3; 1971 ex.s. c 155 § 11.]
36.95.110
36.95.150 Claims against district board—Procedure
upon allowance. Any claim against the district shall be presented to the board. Upon allowance of the claim, the board
shall submit a voucher, signed by the chairman and one other
member of the board, to the county auditor for the issuance of
a warrant in payment of said claim. This procedure for payment of claims shall apply to the reimbursement of board
members for their actual and necessary expenses incurred by
them in the performance of their official duties. [1971 ex.s. c
155 § 15.]
36.95.150
36.95.120 Prorating tax. The board may adopt rules
providing for prorating of tax bills for persons who have not
owned a television set within the district for a full tax year.
[1971 ex.s. c 155 § 12.]
36.95.120
36.95.130 District board—Powers generally. In addition to other powers provided for under this chapter, the
board shall have the following powers:
(1) To perform all acts necessary to assure that the purposes of this chapter will be carried out fairly and efficiently;
(2) To acquire, build, construct, repair, own, maintain,
and operate any necessary stations retransmitting visual and
aural signals intended to be received by the general public,
relay stations, pick-up stations, or any other electrical or electronic system necessary: PROVIDED, That the board shall
have no power to originate programs;
(3) To make contracts to compensate any owner of land
or other property for the use of such property for the purposes
of this chapter;
(4) To make contracts with the United States, or any
state, municipality, or any department or agency of those
entities for carrying out the general purposes for which the
district is formed;
(5) To acquire by gift, devise, bequest, lease, or purchase
real and personal property, tangible or intangible, including
lands, rights-of-way, and easements, necessary or convenient
for its purposes;
(6) To make contracts of any lawful nature (including
labor contracts or those for employees’ benefits), employ
36.95.130
[Title 36 RCW—page 308]
36.95.160 District treasurer—Duties—District warrants. The treasurer of the county in which a district is
located shall be ex officio treasurer of the district. The treasurer shall collect the excise tax provided for under this chapter and shall send notice of payment due to persons owing the
tax: PROVIDED, That districts with fewer than twelve hundred persons subject to the excise tax and levying an excise
tax of forty dollars or more per television set per year shall
have the option of having the district (1) send the tax notices
bimonthly, and (2) collect the excise taxes which shall then
be forwarded to the county treasurer for deposit in the district
account. There shall be deposited with him all funds of the
district. All district payments shall be made by him from such
funds upon warrants issued by the county auditor, except the
sums to be paid out of any bond fund for principal and interest payments on bonds. All warrants shall be paid in the order
of issuance. The treasurer shall report monthly to the board,
in writing, the amount in the district fund or funds. [1983 c
167 § 103; 1981 c 52 § 4; 1971 ex.s. c 155 § 16.]
36.95.160
(2008 Ed.)
Dissolution of Inactive Special Purpose Districts
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.95.180 Costs of county officers reimbursed. The
board shall reimburse the county auditor, assessor, and treasurer for the actual costs of services performed by them in
behalf of the district. [1971 ex.s. c 155 § 18.]
36.95.180
36.95.190 Penalty for false statement as to tax
exemption. Any person who shall knowingly make a false
statement for exemption from the tax provided under this
chapter shall be guilty of a misdemeanor. [1971 ex.s. c 155 §
19.]
36.95.190
36.95.200 Dissolution of district by resolution—Disposition of property. If the board of county commissioners
finds, following a public hearing or hearings, that the continued existence of a district would no longer serve the purposes
of this chapter, it may by resolution order the district dissolved. If there is any property owned by the district at the
time of dissolution, the board of county commissioners shall
have such property sold pursuant to the provisions of chapter
36.34 RCW, as now law or hereafter amended. The proceeds
from such sale shall be applied to the county current expense
fund. [1971 ex.s. c 155 § 20.]
36.95.200
36.95.210 District may not be formed to operate certain translator stations. No television reception improvement district may be formed to operate and maintain any
translator station presently or previously owned, operated or
maintained by a television broadcaster. [1971 ex.s. c 155 §
21.]
36.95.210
36.95.900 Severability—1971 ex.s. c 155. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the
application of the provision to other persons or circumstances
is not affected. [1971 ex.s. c 155 § 22.]
36.96.030
36.96.010 Definitions. As used in this chapter, unless
the context requires otherwise:
(1) "Special purpose district" means every municipal and
quasi-municipal corporation other than counties, cities, and
towns. Such special purpose districts shall include, but are
not limited to, water-sewer districts, fire protection districts,
port districts, public utility districts, county park and recreation service areas, flood control zone districts, diking districts, drainage improvement districts, and solid waste collection districts, but shall not include industrial development
districts created by port districts, and shall not include local
improvement districts, utility local improvement districts,
and road improvement districts;
(2) "Governing authority" means the commission, council, or other body which directs the affairs of a special purpose district;
(3) "Inactive" means that a special purpose district, other
than a public utility district, is characterized by either of the
following criteria:
(a) Has not carried out any of the special purposes or
functions for which it was formed within the preceding consecutive five-year period; or
(b) No election has been held for the purpose of electing
a member of the governing body within the preceding consecutive seven-year period or, in those instances where members of the governing body are appointed and not elected,
where no member of the governing body has been appointed
within the preceding seven-year period.
A public utility district is inactive when it is characterized by both criteria (a) and (b) of this subsection. [1999 c
153 § 50; 1979 ex.s. c 5 § 1.]
36.96.010
Part headings not law—1999 c 153: See note following RCW
57.04.050.
36.95.900
Chapter 36.96
Chapter 36.96 RCW
DISSOLUTION OF INACTIVE
SPECIAL PURPOSE DISTRICTS
Sections
36.96.010
36.96.020
36.96.030
36.96.040
36.96.050
36.96.060
36.96.070
36.96.080
36.96.090
36.96.800
36.96.900
36.96.910
36.96.920
(2008 Ed.)
Definitions.
County auditor to notify county legislative authority of inactive special purpose districts.
Determination of inactive special purpose districts—Public
hearing—Notice.
Dissolution of inactive special purpose district by county legislative authority—Written findings.
Application for writ of prohibition or mandamus by interested
party—Procedure.
Dissolution of inactive special purpose district by county legislative authority—Powers and duties.
Dissolved special purpose district—Disposition of property.
Dissolved special purpose district—Satisfaction of outstanding obligations.
Filing of annual statement by special purpose districts—Duties
of county auditor.
Alternative dissolution procedure—Drainage and drainage
improvement districts—Conditions.
Chapter not exclusive.
Savings—1979 ex.s. c 5.
Severability—1979 ex.s. c 5.
36.96.020 County auditor to notify county legislative
authority of inactive special purpose districts. On or
before June 1st of 1980, and on or before June 1st of every
year thereafter, each county auditor shall search available
records and notify the county legislative authority if any special purpose districts located wholly or partially within the
county appear to be inactive. Each county auditor shall also
provide in the notifications made in 1982 and thereafter a list
of all special purpose districts located wholly or partially
within the county which, for three consecutive years before
the notification, have failed to file statements with the county
auditor as required in RCW 36.96.090. If the territory of any
special purpose district is located within more than one
county, the legislative authorities of all other counties within
whose boundaries such a special purpose district lies shall
also be notified by the county auditor. However, the authority
to dissolve such a special purpose district as provided by this
chapter shall rest solely with the legislative authority of the
county which contains the greatest geographic portion of
such special purpose district. [1979 ex.s. c 5 § 2.]
36.96.020
36.96.030 Determination of inactive special purpose
districts—Public hearing—Notice. (1) Upon receipt of
notice from the county auditor as provided in RCW
36.96.020, the county legislative authority within whose
boundaries all or the greatest portion of such special purpose
district lies shall hold one or more public hearings on or
36.96.030
[Title 36 RCW—page 309]
36.96.040
Title 36 RCW: Counties
before September 1st of the same year to determine whether
or not such special purpose district or districts meet either of
the criteria for being "inactive" as provided in RCW
36.96.010: PROVIDED, That if such a special purpose district is a public utility district, the county legislative authority
shall determine whether or not the public utility district meets
both criteria of being "inactive" as provided in RCW
36.96.010. In addition, at any time a county legislative
authority may hold hearings on the dissolution of any special
purpose district that appears to meet the criteria of being
"inactive" and dissolve such a district pursuant to the proceedings provided for in RCW 36.96.030 through 36.96.080.
(2) Notice of such public hearings shall be given by publication at least once each week for not less than three successive weeks in a newspaper that is in general circulation within
the boundaries of the special purpose district or districts.
Notice of such hearings shall also be mailed to each member
of the governing authority of such special purpose districts, if
such members are known, and to all persons known to have
claims against any of the special purpose districts. Notice of
such public hearings shall be posted in at least three conspicuous places within the boundaries of each special purpose
district that is a subject of such hearings. Whenever a county
legislative authority that is conducting such a public hearing
on the dissolution of one or more of a particular kind of special purpose district is aware of the existence of an association of such special purpose districts, it shall also mail notice
of the hearing to the association. In addition, whenever a special purpose district that lies in more than one county is a subject of such a public hearing, notice shall also be mailed to the
legislative authorities of all other counties within whose
boundaries the special purpose district lies. All notices shall
state the purpose, time, and place of such hearings, and that
all interested persons may appear and be heard. [1979 ex.s. c
5 § 3.]
36.96.040
36.96.040 Dissolution of inactive special purpose district by county legislative authority—Written findings.
After such hearings, the county legislative authority shall
make written findings whether each of the special purpose
districts that was a subject of the hearings meets each of the
criteria of being "inactive." Whenever a special purpose district other than a public utility district has been found to meet
a criterion of being inactive, or a public utility district has
been found to meet both criteria of being inactive, the county
legislative authority shall adopt an ordinance dissolving the
special purpose district if it also makes additional written
findings detailing why it is in the public interest that the special purpose district be dissolved, and shall provide a copy of
the ordinance to the county treasurer. Except for the purpose
of winding up its affairs as provided by this chapter, a special
purpose district that is so dissolved shall cease to exist and
the authority and obligation to carry out the purposes for
which it was created shall cease thirty-one days after adoption of the dissolution ordinance. [2001 c 299 § 12; 1979
ex.s. c 5 § 4.]
36.96.050
36.96.050 Application for writ of prohibition or mandamus by interested party—Procedure. The action of the
county legislative authority dissolving a special purpose dis[Title 36 RCW—page 310]
trict pursuant to RCW 36.96.040 shall be final and conclusive
unless within thirty days of the adoption of the ordinance an
interested party makes application to a court of competent
jurisdiction for a writ of prohibition or writ of mandamus. At
the hearing upon such a writ, the applicant shall have the full
burden of demonstrating that the particular special purpose
district, other than a public utility district, does not meet
either of the criteria of being inactive or that it is not in the
public interest that the special purpose district be dissolved:
PROVIDED, That where the particular special purpose district subject to the dissolution proceedings is a public utility
district, the applicant shall have the full burden of demonstrating that the public utility district either does not meet
both the criteria of being inactive or that it is not in the public
interest to dissolve the public utility district. [1979 ex.s. c 5
§ 5.]
36.96.060
36.96.060 Dissolution of inactive special purpose district by county legislative authority—Powers and duties.
For the sole and exclusive purpose of winding up the affairs
of a dissolved special purpose district, the county legislative
authority, acting as a board of trustees, shall have the same
powers and duties as the governing authority of the dissolved
special purpose district including the following:
(1) To exchange, sell, or otherwise dispose of all property, real and personal, of the dissolved special purpose district; and
(2) To settle all obligations of such special purpose district. Such powers and duties shall commence upon the effective date of dissolution and shall continue thereafter until
such time as the affairs of the dissolved special purpose district have been completely wound up. [1979 ex.s. c 5 § 6.]
36.96.070
36.96.070 Dissolved special purpose district—Disposition of property. Any moneys or funds of the dissolved
special purpose district and any moneys or funds received by
the board of trustees from the sale or other disposition of any
property of the dissolved special purpose district shall be
used, to the extent necessary, for the payment or settlement of
any outstanding obligations of the dissolved special purpose
district. Any remaining moneys or funds shall be used to pay
the county legislative authority for all costs and expenses
incurred in the dissolution and liquidation of the dissolved
special purpose district. Thereafter, any remaining moneys,
funds, or property shall become that of the county in which
the dissolved special purpose district was located. However,
if the territory of the dissolved special purpose district was
located within more than one county, the remaining moneys,
funds, and personal property shall be apportioned and distributed to each county in the proportion that the geographical
area of the dissolved special purpose district within the
county bears to the total geographical area of the dissolved
special purpose district, and any remaining real property or
improvements to real property shall be transferred to the
county within whose boundaries it lies. A county to which
real property or improvements to real property are transferred
under this section does not have an obligation to use the property or improvements for the purposes for which the dissolved special purpose district used the property or improvements and the county does not assume the obligations or lia(2008 Ed.)
Public Facilities Districts
bilities of the dissolved special purpose district as a result of
the transfer. [2001 c 299 § 13; 1979 ex.s. c 5 § 7.]
36.96.080 Dissolved special purpose district—Satisfaction of outstanding obligations. If the proceeds from the
sale of any property of the special district together with any
moneys or funds of the special purpose district are insufficient to satisfy the outstanding obligations of the special purpose district, the county legislative authority, acting as a
board of trustees, shall exercise any and all powers conferred
upon it to satisfy such outstanding obligations: PROVIDED,
That in no case shall the board of trustees be obligated to satisfy such outstanding obligations from county moneys, funds,
or other sources of revenue unless it would have been so obligated before initiation of the dissolution proceedings under
this chapter. [1979 ex.s. c 5 § 8.]
36.96.080
36.100.010
(2) All assets, including money, funds, improvements, or
property, real or personal, shall become assets of the county
in which the dissolved drainage district or drainage improvement district was located.
(3) Notwithstanding RCW 85.38.220, the county storm
drainage and surface water management utility may determine how to best manage, operate, maintain, improve,
exchange, sell, or otherwise dispose of all property, real and
personal, of the dissolved drainage district or drainage
improvement district. [1991 c 28 § 1.]
36.96.900 Chapter not exclusive. The provisions of
this chapter to dissolve inactive special purpose districts shall
not be exclusive, and shall be in addition to any other method
or methods provided by law to dissolve a special purpose district. [1979 ex.s. c 5 § 10.]
36.96.900
36.96.910 Savings—1979 ex.s. c 5. The enactment of
this act shall not have the effect of terminating, or in any way
modifying, any liability, civil or criminal, which shall already
be in existence on September 1, 1979. [1979 ex.s. c 5 § 11.]
36.96.910
36.96.090 Filing of annual statement by special purpose districts—Duties of county auditor. (1) Every special
purpose district shall file a statement with the auditor of each
county in which it lies on or before December 31st of every
year, beginning in the year 1979. The initial statement filed
by each special purpose district shall contain the following
information:
(a) The name of the special purpose district and a general
description of its location and geographical area within the
county and within any other county;
(b) The statutes under which the special purpose district
operates;
(c) The name, address, telephone number, and remaining
term of office of each member of its governing authority; and
(d) The functions that the special purpose district is then
presently performing and the purposes for which it was created.
Subsequent annual statements need only identify the special
purpose district and any of the above detailed information
that has changed in the last year.
(2) Each county auditor, on or before January 31, 1980,
and on or before January 31st each year thereafter, shall forward to the state auditor a summation of the information contained in the statements required to be filed in subsection (1)
of this section together with information of each special purpose district located wholly or partially within the county that
has been dissolved during the preceding year. [1979 ex.s. c 5
§ 9.]
36.96.090
36.96.800 Alternative dissolution procedure—Drainage and drainage improvement districts—Conditions. As
an alternative to this chapter a drainage district or drainage
improvement district located within the boundaries of a
county storm drainage and surface water management utility,
and which is not currently imposing assessments, may be dissolved by ordinance of the county legislative authority. If the
alternative dissolution procedure in this section is used the
following shall apply:
(1) The county storm drainage and surface water management utility shall assume responsibility for payment or
settlement of outstanding debts of the dissolved drainage district or drainage improvement district.
36.96.800
(2008 Ed.)
36.96.920 Severability—1979 ex.s. c 5. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1979 ex.s. c 5 § 15.]
36.96.920
Chapter 36.100
Chapter 36.100 RCW
PUBLIC FACILITIES DISTRICTS
Sections
36.100.010
36.100.020
36.100.030
36.100.035
36.100.036
36.100.037
36.100.040
36.100.050
36.100.060
36.100.070
36.100.080
36.100.090
36.100.100
36.100.110
36.100.120
36.100.130
36.100.140
36.100.150
36.100.160
36.100.170
36.100.180
36.100.190
36.100.200
36.100.210
36.100.220
36.100.900
Public facilities districts—Creation—Approval of taxes by
election—Corporate powers—Property transfer.
Governance—Board of directors.
Facilities—Agreements—Fees.
Additional powers and restrictions on district that constructs
baseball stadium.
Donated moneys for baseball stadium.
Baseball stadium construction agreement.
Lodging tax authorized.
Ad valorem property tax.
General obligation bonds—Termination, reauthorization of
excise tax.
Acquisition and transfer of real and personal property.
Direct or collateral attack barred after thirty days.
Tax deferral—New public facilities.
Ex officio treasurer.
Travel, expense reimbursement policy—Required.
Travel, expense reimbursement policy—Limitations.
Board of directors—Compensation.
Liability insurance.
Costs of defense.
Expenditure of funds—Purposes.
Employees—Benefits.
Service provider agreements.
Purchases and sales—Procedures.
Revenue bonds—Limitations.
Tax on admissions.
Tax on vehicle parking charges.
Severability—1988 ex.s. c 1.
Changes in tax law—Liability: RCW 82.08.064, 82.14.055, and 82.32.430.
Sales and use tax for public facilities districts: RCW 82.14.048.
Sales and use tax imposed by public facilities districts for regional centers:
RCW 82.14.390.
36.100.010 Public facilities districts—Creation—
Approval of taxes by election—Corporate powers—Prop36.100.010
[Title 36 RCW—page 311]
36.100.020
Title 36 RCW: Counties
erty transfer. (1) A public facilities district may be created
in any county and shall be coextensive with the boundaries of
the county.
(2) A public facilities district shall be created upon adoption of a resolution providing for the creation of such a district by the county legislative authority in which the proposed
district is located.
(3) A public facilities district is a municipal corporation,
an independent taxing "authority" within the meaning of
Article VII, section 1 of the state Constitution, and a "taxing
district" within the meaning of Article VII, section 2 of the
state Constitution.
(4) No taxes authorized under this chapter may be
assessed or levied unless a majority of the voters of the public
facilities district has approved such tax at a general or special
election. A single ballot proposition may both validate the
imposition of the sales and use tax under RCW 82.14.048 and
the excise tax under RCW 36.100.040.
(5) A public facilities district shall constitute a body corporate and shall possess all the usual powers of a corporation
for public purposes as well as all other powers that may now
or hereafter be specifically conferred by statute, including,
but not limited to, the authority to hire employees, staff, and
services, to enter into contracts, and to sue and be sued.
(6) A public facilities district may enter into contracts
with a county for the purpose of exercising any powers of a
community renewal agency under chapter 35.81 RCW.
(7) The county legislative authority or the city council
may transfer property to the public facilities district created
under this chapter. No property that is encumbered with debt
or that is in need of major capital renovation may be transferred to the district without the agreement of the district and
revenues adequate to retire the existing indebtedness. [2002
c 218 § 26; 1995 3rd sp.s. c 1 § 301; 1995 1st sp.s. c 14 § 1;
1995 c 396 § 1; 1989 1st ex.s. c 8 § 1; 1988 ex.s. c 1 § 11.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
Part headings not law—Effective date—1995 3rd sp.s. c 1: See notes
following RCW 82.14.0485.
Severability—1995 1st sp.s. c 14: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 1st sp.s. c 14 § 12.]
Effective dates—1995 1st sp.s. c 14: "(1) Sections 1 through 9 and 11
of this act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and shall take effect July 1, 1995.
(2) Sections 10 and 12 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[June 14, 1995]." [1995 1st sp.s. c 14 § 13.]
Severability—1995 c 396: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1995 c 396 § 19.]
36.100.020 Governance—Board of directors. (1) A
public facilities district shall be governed by a board of directors consisting of five or seven members as provided in this
section. If the largest city in the county has a population that
is at least forty percent of the total county population, the
board of directors of the public facilities district shall consist
of five members selected as follows: (a) Two members
36.100.020
[Title 36 RCW—page 312]
appointed by the county legislative authority to serve for
four-year staggered terms; (b) two members appointed by the
city council of the largest city in the county to serve for fouryear staggered terms; and (c) one person to serve for a fouryear term who is selected by the other directors. If the largest
city in the county has a population of less than forty percent
of the total county population, the county legislative authority
shall establish in the resolution creating the public facilities
district whether the board of directors of the public facilities
district has either five or seven members, and the county legislative authority shall appoint the members of the board of
directors to reflect the interests of cities and towns in the
county, as well as the unincorporated area of the county.
However, if the county has a population of one million or
more, the largest city in the county has a population of less
than forty percent of the total county population, and the
county operates under a county charter, which provides for an
elected county executive, three members shall be appointed
by the governor and the remaining members shall be
appointed by the county executive subject to confirmation by
the county legislative authority. Of the members appointed
by the governor, the speaker of the house of representatives
and the majority leader of the senate shall each recommend to
the governor a person to be appointed to the board.
(2) At least one member on the board of directors shall
be representative of the lodging industry in the public facilities district before the public facilities district imposes the
excise tax under RCW 36.100.040.
(3) Members of the board of directors shall serve fouryear terms of office, except that two of the initial five board
members or three of the initial seven board members shall
serve two-year terms of office.
(4) A vacancy shall be filled in the same manner as the
original appointment was made and the person appointed to
fill a vacancy shall serve for the remainder of the unexpired
term of the office for the position to which he or she was
appointed.
(5) A director appointed by the governor may be
removed from office by the governor. Any other director may
be removed from office by action of at least two-thirds of the
members of the legislative authority which made the appointment. [1995 3rd sp.s. c 1 § 302; 1995 1st sp.s. c 14 § 2; 1995
c 396 § 2; 1989 1st ex.s. c 8 § 2; 1988 ex.s. c 1 § 12.]
Part headings not law—Effective date—1995 3rd sp.s. c 1: See notes
following RCW 82.14.0485.
Severability—Effective dates—1995 1st sp.s. c 14: See notes following RCW 36.100.010.
Severability—1995 c 396: See note following RCW 36.100.010.
36.100.030 Facilities—Agreements—Fees. (1) A public facilities district is authorized to acquire, construct, own,
remodel, maintain, equip, reequip, repair, and operate (a)
sports facilities, entertainment facilities, convention facilities, or regional centers as defined in RCW 35.57.020, and (b)
for districts formed after January 1, 2000, recreational facilities other than ski areas, together with contiguous parking
facilities. The taxes that are provided for in this chapter may
only be imposed for these purposes.
(2) A public facilities district may enter into agreements
under chapter 39.34 RCW for the joint provision and operation of such facilities and may enter into contracts under
36.100.030
(2008 Ed.)
Public Facilities Districts
chapter 39.34 RCW where any party to the contract provides
and operates such facilities for the other party or parties to the
contract.
(3) Notwithstanding the establishment of a career, civil,
or merit service system, a public facilities district may contract with a public or private entity for the operation or management of its public facilities.
(4) A public facilities district is authorized to use the
supplemental alternative public works contracting procedures set forth in chapter 39.10 RCW in connection with the
design, construction, reconstruction, remodel, or alteration of
any of its public facilities.
(5) A public facilities district may impose charges and
fees for the use of its facilities, and may accept and expend or
use gifts, grants, and donations. [2003 c 376 § 1; 1999 c 165
§ 16; 1995 1st sp.s. c 14 § 3; 1995 c 396 § 3; 1989 1st ex.s. c
8 § 3; 1988 ex.s. c 1 § 13.]
Severability—1999 c 164: See RCW 35.57.900.
Severability—Effective dates—1995 1st sp.s. c 14: See notes following RCW 36.100.010.
Severability—1995 c 396: See note following RCW 36.100.010.
36.100.035 Additional powers and restrictions on
district that constructs baseball stadium. In addition to
other powers and restrictions on a public facilities district, the
following shall apply to a public facilities district, located in
a county with a population of one million or more, that constructs a baseball stadium:
(1) The public facilities district, in consultation with the
professional baseball team that will use the stadium, shall
have the authority to determine the stadium site;
(2) The public facilities district, in consultation with the
professional baseball team that will use the stadium, shall
have the authority to establish the overall scope of the stadium project, including, but not limited to, the stadium itself,
associated parking facilities, associated retail and office
development that are part of the stadium facility, and ancillary services or facilities;
(3) The public facilities district, in consultation with the
professional baseball team that will use the stadium, shall
have the final authority to make the final determination of the
stadium design and specifications;
(4) The public facilities district shall have the authority
to contract with the baseball team that will use the stadium to
obtain architectural, engineering, environmental, and other
professional services related to the stadium site and design
options, environmental study requirements, and obtaining
necessary permits for the stadium facility;
(5) The public facilities district, in consultation with the
professional baseball team that will use the stadium, shall
have the authority to establish the project budget and bidding
specifications and requirements on the stadium project;
(6) The public facilities district, in consultation with the
professional baseball team that will use the stadium and the
county in which the public facilities district is located, shall
have the authority to structure the financing of the stadium
facility project; and
(7) The public facilities district shall consult with the
house of representatives executive rules committee and the
senate facilities and operations committee before selecting a
name for the stadium.
36.100.035
(2008 Ed.)
36.100.040
As used in this section, "stadium" and "baseball stadium"
mean a "baseball stadium" as defined in RCW 82.14.0485.
[1995 3rd sp.s. c 1 § 303.]
Part headings not law—Effective date—1995 3rd sp.s. c 1: See notes
following RCW 82.14.0485.
36.100.036 Donated moneys for baseball stadium. A
public facilities district may accept and expend moneys that
may be donated for the purpose of a baseball stadium as
defined in RCW 82.14.0485. [1995 3rd sp.s. c 1 § 304.]
36.100.036
Part headings not law—Effective date—1995 3rd sp.s. c 1: See notes
following RCW 82.14.0485.
36.100.037 Baseball stadium construction agreement. The public facilities district, the county, and the city
with the largest population in the county shall enter into an
agreement regarding the construction of a baseball stadium as
defined in RCW 82.14.0485. The agreement shall address,
but not be limited to:
(1) Expedited permit processing for the design and construction of the project;
(2) Expedited environmental review processing;
(3) Expedited processing of requests for street, right-ofway, or easement vacations necessary for the construction of
the project; and
(4) Other items deemed necessary for the design and
construction of the project. [1995 3rd sp.s. c 1 § 308.]
36.100.037
Part headings not law—Effective date—1995 3rd sp.s. c 1: See notes
following RCW 82.14.0485.
36.100.040 Lodging tax authorized. (1) A public
facilities district may impose an excise tax on the sale of or
charge made for the furnishing of lodging that is subject to
tax under chapter 82.08 RCW, except that no such tax may be
levied on any premises having fewer than forty lodging units.
However, if a public facilities district has not imposed such
an excise tax prior to December 31, 1995, the public facilities
district may only impose the excise tax if a ballot proposition
authorizing the imposition of the tax has been approved by a
simple majority vote of voters of the public facilities district
voting on the proposition.
(2) The rate of the tax shall not exceed two percent and
the proceeds of the tax shall only be used for the acquisition,
design, construction, remodeling, maintenance, equipping,
reequipping, repairing, and operation of its public facilities.
This excise tax shall not be imposed until the district has
approved the proposal to acquire, design, and construct the
public facilities.
(3) A public facilities district may not impose the tax
authorized in this section if, after the tax authorized in this
section was imposed, the effective combined rate of state and
local excise taxes, including sales and use taxes and excise
taxes on lodging, imposed on the sale of or charge made for
furnishing of lodging in any jurisdiction in the public facilities district exceeds eleven and one-half percent.
(4) The tax imposed in this section does not apply to
sales of temporary medical housing exempt under RCW
82.08.997. [2008 c 137 § 5; 2002 c 178 § 5; 1995 c 396 § 4;
1989 1st ex.s. c 8 § 4; 1988 ex.s. c 1 § 14.]
36.100.040
Effective date—2008 c 137: See note following RCW 82.08.997.
[Title 36 RCW—page 313]
36.100.050
Title 36 RCW: Counties
Retroactive application—Effective date—2002 c 178: See notes following RCW 67.28.180.
Severability—1995 c 396: See note following RCW 36.100.010.
36.100.050 Ad valorem property tax. (1) A public
facilities district may levy an ad valorem property tax, in
excess of the one percent limitation, upon the property within
the district for a one-year period to be used for operating or
capital purposes whenever authorized by the voters of the
district pursuant to RCW 84.52.052 and Article VII, section
2(a) of the state Constitution.
(2) A public facilities district may provide for the retirement of voter-approved general obligation bonds, issued for
capital purposes only, by levying bond retirement ad valorem
property tax levies, in excess of the one percent limitation,
whenever authorized by the voters of the district pursuant to
Article VII, section 2(b) of the state Constitution and RCW
84.52.056. [1988 ex.s. c 1 § 15.]
36.100.050
36.100.060 General obligation bonds—Termination,
reauthorization of excise tax. (1) To carry out the purpose
of this chapter, a public facilities district may issue general
obligation bonds, not to exceed an amount, together with any
outstanding nonvoter approved general obligation indebtedness, equal to one-half of one percent of the value of taxable
property within the district, as the term "value of taxable
property" is defined in RCW 39.36.015. A facilities district
additionally may issue general obligation bonds for capital
purposes only, together with any outstanding general obligation indebtedness, not to exceed an amount equal to one and
one-fourth percent of the value of the taxable property within
the district, as the term "value of taxable property" is defined
in RCW 39.36.015, when authorized by the voters of the public facilities district pursuant to Article VIII, section 6 of the
state Constitution, and to provide for the retirement thereof
by excess property tax levies as provided in this chapter.
(2) General obligation bonds may be issued with a maturity of up to thirty years, and shall be issued and sold in accordance with the provisions of chapter 39.46 RCW.
(3) The general obligation bonds may be payable from
the operating revenues of the public facilities district in addition to the tax receipts of the district.
(4) The excise tax imposed pursuant to RCW 36.100.040
shall terminate upon final payment of all bonded indebtedness for its public facilities, except that the excise tax may be
reauthorized by a public vote, in the same manner as originally authorized, for funding of additional public facilities or
a regional center. [1999 c 165 § 15; 1995 1st sp.s. c 14 § 4;
1995 c 396 § 5; 1989 1st ex.s. c 8 § 5; 1988 ex.s. c 1 § 16.]
36.100.060
Severability—1999 c 164: See RCW 35.57.900.
Severability—Effective dates—1995 1st sp.s. c 14: See notes following RCW 36.100.010.
Severability—1995 c 396: See note following RCW 36.100.010.
36.100.070 Acquisition and transfer of real and personal property. A public facilities district may acquire and
transfer real and personal property by lease, sublease, purchase, or sale. [1988 ex.s. c 1 § 17.]
36.100.070
36.100.080 Direct or collateral attack barred after
thirty days. No direct or collateral attack on any public facil36.100.080
[Title 36 RCW—page 314]
ities district purported to be authorized or created in conformance with this chapter may be commenced more than thirty
days after creation by the county legislative authority. [1995
1st sp.s. c 14 § 5.]
Severability—Effective dates—1995 1st sp.s. c 14: See notes following RCW 36.100.010.
36.100.090 Tax deferral—New public facilities. (1)
The governing board of a public facilities district may apply
for deferral of taxes on the construction of buildings, site
preparation, and the acquisition of related machinery and
equipment for a new public facility. Application shall be
made to the department of revenue in a form and manner prescribed by the department of revenue. The application shall
contain information regarding the location of the public facility, estimated or actual costs, time schedules for completion
and operation, and other information required by the department of revenue. The department of revenue shall approve
the application within sixty days if it meets the requirements
of this section.
(2) The department of revenue shall issue a sales and use
tax deferral certificate for state and local sales and use taxes
due under chapters 82.08, 82.12, and 82.14 RCW on the public facility. The use of the certificate shall be governed by
rules established by the department of revenue.
(3) The public facilities district shall begin paying the
deferred taxes in the fifth year after the date certified by the
department of revenue as the date on which the public facility
is operationally complete. The first payment is due on
December 31st of the fifth calendar year after such certified
date, with subsequent annual payments due on December
31st of the following nine years. Each payment shall equal
ten percent of the deferred tax.
(4) The department of revenue may authorize an accelerated repayment schedule upon request of the public facilities
district.
(5) Interest shall not be charged on any taxes deferred
under this section for the period of deferral, although all other
penalties and interest applicable to delinquent excise taxes
may be assessed and imposed for delinquent payments under
this section. The debt for deferred taxes is not extinguished
by insolvency or other failure of the public facilities district.
(6) Applications and any other information received by
the department of revenue under this section are not confidential and are subject to disclosure. Chapter 82.32 RCW
applies to the administration of this section.
(7) As used in this section, "public facility" means a
baseball stadium with a retractable roof or canopy and natural
turf. [1995 1st sp.s. c 14 § 6.]
36.100.090
Severability—Effective dates—1995 1st sp.s. c 14: See notes following RCW 36.100.010.
36.100.100 Ex officio treasurer. The treasurer of the
county in which a public facilities district is located shall be
the ex officio treasurer of the district. [1995 c 396 § 7.]
36.100.100
Severability—1995 c 396: See note following RCW 36.100.010.
36.100.110 Travel, expense reimbursement policy—
Required. The board of directors of the public facilities district shall adopt a resolution that may be amended from time
to time that shall establish the basic requirements governing
36.100.110
(2008 Ed.)
Public Facilities Districts
methods and amounts of reimbursement payable to such district officials and employees for travel and other business
expenses incurred on behalf of the district. The resolution
shall, among other things, establish procedures for approving
such expenses; the form of the travel and expense voucher;
and requirements governing the use of credit cards issued in
the name of the district. The resolution may also establish
procedures for payment of per diem to board members. The
state auditor shall, as provided by general law, cooperate with
the public facilities district in establishing adequate procedures for regulating and auditing the reimbursement of all
such expenses. [1995 c 396 § 8.]
Severability—1995 c 396: See note following RCW 36.100.010.
36.100.120 Travel, expense reimbursement policy—
Limitations. The board of directors of the public facilities
district may authorize payment of actual and necessary
expenses of officers and employees for lodging, meals, and
travel-related costs incurred in attending meetings or conferences on behalf of the public facilities district and strictly in
the public interest and for public purposes. Officers and
employees may be advanced sufficient sums to cover their
anticipated expenses in accordance with rules adopted by the
state auditor, which shall substantially conform to the procedures provided in RCW 43.03.150 through 43.03.210. [1995
c 396 § 9.]
36.100.120
Severability—1995 c 396: See note following RCW 36.100.010.
36.100.130 Board of directors—Compensation. Each
member of the board of directors of the public facilities district may receive compensation of fifty dollars per day for
attending meetings or conferences on behalf of the district,
not to exceed three thousand dollars per year. A director may
waive all or a portion of his or her compensation under this
section as to a month or months during his or her term of
office, by a written waiver filed with the public facilities district. The compensation provided in this section is in addition
to reimbursement for expenses paid to the directors by the
public facilities district. [1995 c 396 § 10.]
36.100.130
Severability—1995 c 396: See note following RCW 36.100.010.
36.100.200
funds. Costs of defense or judgment or settlement against the
person shall not be paid in a case where the court has found
that the person was not acting in good faith or within the
scope of employment with or duties for the public facilities
district. [1995 c 396 § 12.]
Severability—1995 c 396: See note following RCW 36.100.010.
36.100.160 Expenditure of funds—Purposes. The
board of directors of the public facilities district shall have
authority to authorize the expenditure of funds for the public
purposes of preparing and distributing information to the
general public and promoting, advertising, improving, developing, operating, and maintaining facilities of the district.
Nothing contained in this section may be construed to authorize preparation and distribution of information to the general
public for the purpose of influencing the outcome of a district
election. [1995 c 396 § 13.]
36.100.160
Severability—1995 c 396: See note following RCW 36.100.010.
36.100.170 Employees—Benefits. The public facilities
district shall have authority to create and fill positions, fix
wages, salaries, and bonds therefor, pay costs involved in
securing or arranging to secure employees, and establish benefits for employees, including holiday pay, vacations or vacation pay, retirement benefits, medical, life, accident, or health
disability insurance, as approved by the board. Public facilities district board members, at their own expense, shall be
entitled to medical, life, accident, or health disability insurance. Insurance for employees and board members shall not
be considered compensation. District coverage for the board
is not to exceed that provided public facilities district
employees. [1995 c 396 § 14.]
36.100.170
Severability—1995 c 396: See note following RCW 36.100.010.
36.100.180 Service provider agreements. The public
facilities district may secure services by means of an agreement with a service provider. The public facilities district
shall publish notice, establish criteria, receive and evaluate
proposals, and negotiate with respondents under requirements set forth by district resolution. [1995 c 396 § 15.]
36.100.180
Severability—1995 c 396: See note following RCW 36.100.010.
36.100.140 Liability insurance. The board of directors
of the public facilities district may purchase liability insurance with such limits as the directors may deem reasonable
for the purpose of protecting and holding personally harmless
district officers and employees against liability for personal
or bodily injuries and property damage arising from their acts
or omissions while performing or in good faith purporting to
perform their official duties. [1995 c 396 § 11.]
36.100.140
Severability—1995 c 396: See note following RCW 36.100.010.
36.100.150 Costs of defense. Whenever an action,
claim, or proceeding is instituted against a person who is or
was an officer or employee of the public facilities district
arising out of the performance of duties for or employment
with the district, the public facilities district may grant a
request by the person that the attorney of the district’s choosing be authorized to defend the claim, suit, or proceeding, and
the costs of defense, attorneys’ fees, and obligation for payments arising from the action may be paid from the district’s
36.100.150
(2008 Ed.)
36.100.190 Purchases and sales—Procedures. In
addition to provisions contained in chapter 39.04 RCW, the
public facilities district is authorized to follow procedures
contained in RCW 43.19.1906 and 43.19.1911 for all purchases, contracts for purchase, and sales. [1995 c 396 § 16.]
36.100.190
Severability—1995 c 396: See note following RCW 36.100.010.
36.100.200 Revenue bonds—Limitations. (1) A public facilities district may issue revenue bonds to fund revenue
generating facilities, or portions of facilities, which it is
authorized to provide or operate. Whenever revenue bonds
are to be issued, the board of directors of the district shall create or have created a special fund or funds from which, along
with any reserves created pursuant to RCW 39.44.140, the
principal and interest on such revenue bonds shall exclusively be payable. The board may obligate the district to set
aside and pay into the special fund or funds a fixed proportion
or a fixed amount of the revenues from the public improve36.100.200
[Title 36 RCW—page 315]
36.100.210
Title 36 RCW: Counties
ments, projects, or facilities, and all related additions, that are
funded by the revenue bonds. This amount or proportion shall
be a lien and charge against these revenues, subject only to
operating and maintenance expenses. The board shall have
due regard for the cost of operation and maintenance of the
public improvements, projects, or facilities, or additions, that
are funded by the revenue bonds, and shall not set aside into
the special fund or funds a greater amount or proportion of
the revenues that in its judgment will be available over and
above the cost of maintenance and operation and the amount
or proportion, if any, of the revenue so previously pledged.
The board may also provide that revenue bonds payable out
of the same source or sources of revenue may later be issued
on a parity with any revenue bonds being issued and sold.
(2) Revenue bonds issued pursuant to this section shall
not be an indebtedness of the district issuing the bonds, and
the interest and principal on the bonds shall only be payable
from the revenues lawfully pledged to meet the principal and
interest requirements and any reserves created pursuant to
RCW 39.44.140. The owner or bearer of a revenue bond or
any interest coupon issued pursuant to this section shall not
have any claim against the district arising from the bond or
coupon except for payment from the revenues lawfully
pledged to meet the principal and interest requirements and
any reserves created pursuant to RCW 39.44.140. The substance of the limitations included in this subsection shall be
plainly printed, written, or engraved on each bond issued pursuant to this section.
(3) Revenue bonds with a maturity in excess of thirty
years shall not be issued. The board of directors of the district
shall by resolution determine for each revenue bond issue the
amount, date, form, terms, conditions, denominations, maximum fixed or variable interest rate or rates, maturity or maturities, redemption rights, registration privileges, manner of
execution, manner of sale, callable provisions, if any, and
covenants including the refunding of existing revenue bonds.
Facsimile signatures may be used on the bonds and any coupons. Refunding revenue bonds may be issued in the same
manner as revenue bonds are issued. [1995 c 396 § 17.]
the equipment or facilities is necessary to the enjoyment of a
privilege for which a general admission is charged, the combined charges shall be considered as the admission charge;
(5) Automobile parking charges if the amount of the
charge is determined according to the number of passengers
in the automobile. [1999 c 165 § 17.]
Severability—1999 c 164: See RCW 35.57.900.
36.100.220 Tax on vehicle parking charges. A public
facility district may levy and fix a tax on any vehicle parking
charges imposed at any parking facility that is owned or
leased by the public facility district as part of a regional center, as defined in RCW 35.57.020. No county or city or town
within which the regional center is located may impose a tax
of the same or similar kind on any vehicle parking charges at
the facility. For the purposes of this section, "vehicle parking
charges" means only the actual parking charges exclusive of
taxes and service charges and the value of any other benefit
conferred. The tax authorized under this section shall be at
the rate of not more than ten percent. [1999 c 165 § 18.]
36.100.220
Severability—1999 c 164: See RCW 35.57.900.
36.100.900 Severability—1988 ex.s. c 1. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1988 ex.s. c 1 § 27.]
36.100.900
Chapter 36.102 RCW
STADIUM AND EXHIBITION CENTERS
Chapter 36.102
Sections
36.102.010
36.102.020
36.102.030
36.102.040
36.102.050
Severability—1995 c 396: See note following RCW 36.100.010.
Alternative authority to issue revenue bonds: RCW 39.46.150, 39.46.160.
Funds for reserve purposes may be included in issue amount: RCW
39.44.140.
36.100.210 Tax on admissions. A public facility district may levy and fix a tax of not more than one cent on
twenty cents or fraction thereof to be paid by the person who
pays an admission charge to a regional center, as defined in
RCW 35.57.020. This includes a tax on persons who are
admitted free of charge or at reduced rates if other persons
pay a charge or a regular higher charge for the same privileges or accommodations.
The term "admission charge" includes:
(1) A charge made for season tickets or subscriptions;
(2) A cover charge, or a charge made for use of seats and
tables reserved or otherwise, and other similar accommodations;
(3) A charge made for food and refreshment if free entertainment, recreation, or amusement is provided;
(4) A charge made for rental or use of equipment or facilities for purposes of recreation or amusement; if the rental of
36.100.210
[Title 36 RCW—page 316]
36.102.060
36.102.070
36.102.080
36.102.090
36.102.100
36.102.110
36.102.120
36.102.130
36.102.140
36.102.150
Definitions.
Public stadium authority—Creation—Powers and duties—
Transfer of property.
Public stadium authority—Board of directors—Appointment—Terms—Vacancy—Removal.
Public stadium authority advisory committee—Appointment—Review and comment on proposed lease agreement.
Public stadium authority—Powers and duties—Acquisition,
construction, ownership, remodeling, maintenance, equipping, reequipping, repairing, and operation of stadium and
exhibition center—Contracts and agreements regarding
ownership and operation—Employees unclassified—Supplemental public works contracting procedures—Charges
and fees—Gifts, grants, and donations—Prevailing wage
and women and minority-business participation.
Public stadium authority—Powers and duties—Site—Project
scope—Design and specification—Use of professional services—Budget—Financing structure—Development agreement—Lease agreement—Profit-sharing discussion—Master tenant funds for Olympics and world cup—Stadium
scheduling—Super Bowl acquisition—Mitigation—Demolition filming—Permanent seat licenses.
Deferral of taxes—Application by public stadium authority—
Department of revenue approval—Repayment—Schedules—Interest—Debt for taxes—Information not confidential.
Naming rights—Use of revenues.
Donated moneys.
Construction agreements—Property assembly—Demolition
of existing structures.
Property acquisition and sale.
Public stadium authority board of directors—Travel and business expenses—Resolution on payment and procedures—
Operating budget report.
Public stadium authority officers and employees—Expenses.
Public stadium authority board of directors—Compensation—
Waiver.
Public stadium authority—Liability insurance.
(2008 Ed.)
Stadium and Exhibition Centers
36.102.160
36.102.170
36.102.180
36.102.190
36.102.200
36.102.800
36.102.801
36.102.802
36.102.803
36.102.900
36.102.901
Public stadium authority—Defense of suit, claim, or proceeding against officer or employee—Costs—Attorneys’ fees—
Obligation—Exception.
Information preparation and distribution.
Public stadium authority—Employee positions—Wages and
benefits—Insurance of employees, board members.
Public stadium authority—Securing services—Service provider agreement—Resolutions setting procedures.
Public stadium authority—Confidentiality of financial information.
Referendum only measure for taxes for stadium and exhibition
center—Limiting legislation upon failure to approve—1997
c 220.
Legislation as opportunity for voter’s decision—Not indication of legislators’ personal vote on referendum proposal—
1997 c 220.
Contingency—Null and void—Team affiliate’s agreement for
reimbursement for election—1997 c 220.
Referendum—Submittal—Explanatory statement—Voters’
pamphlet—Voting procedures—Canvassing and certification—Reimbursement of counties for costs—No other elections on stadium and exhibition center—1997 c 220.
Part headings not law—1997 c 220.
Severability—1997 c 220.
36.102.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Design" includes architectural, engineering, and
other related professional services.
(2) "Develop" means, generally, the process of planning,
designing, financing, constructing, owning, operating, and
leasing a project such as a stadium and exhibition center.
(3) "Permanent seat license" means a transferable license
sold to a third party that, subject to certain conditions, restrictions, and limitations, entitles the third party to purchase a
season ticket to professional football games of the professional football team played in the stadium and exhibition center for so long as the team plays its games in that facility.
(4) "Preconstruction" includes negotiations, including
negotiations with any team affiliate, planning, studies,
design, and other activities reasonably necessary before constructing a stadium and exhibition center.
(5) "Professional football team" means a team that is a
member of the national football league or similar professional football association.
(6) "Public stadium authority operation" means the formation and ongoing operation of the public stadium authority, including the hiring of employees, agents, attorneys, and
other contractors, and the acquisition and operation of office
facilities.
(7) "Site acquisition" means the purchase or other acquisition of any interest in real property including fee simple
interests and easements, which property interests constitute
the site for a stadium and exhibition center.
(8) "Site preparation" includes demolition of existing
improvements, environmental remediation, site excavation,
shoring, and construction and maintenance of temporary traffic and pedestrian routing.
(9) "Stadium and exhibition center" means an open-air
stadium suitable for national football league football and for
Olympic and world cup soccer, with adjacent exhibition
facilities, together with associated parking facilities and other
ancillary facilities.
(10) "Team affiliate" means a professional football team
that will use the stadium and exhibition center, and any affiliate of the team designated by the team. An "affiliate of the
36.102.010
(2008 Ed.)
36.102.040
team" means any person or entity that controls, is controlled
by, or is under common control with the team. [1997 c 220 §
101 (Referendum Bill No. 48, approved June 17, 1997).]
36.102.020 Public stadium authority—Creation—
Powers and duties—Transfer of property. (1) A public
stadium authority may be created in any county that has
entered into a letter of intent relating to the development of a
stadium and exhibition center under chapter 220, Laws of
1997 with a team affiliate or an entity that has a contractual
right to become a team affiliate.
(2) A public stadium authority shall be created upon
adoption of a resolution providing for the creation of such an
authority by the county legislative authority in which the proposed authority is located.
(3) A public stadium authority shall constitute a body
corporate and shall possess all the usual powers of a corporation for public purposes as well as all other powers that may
now or hereafter be specifically conferred by statute, including, but not limited to, the authority to hire employees, staff,
and services, to enter into contracts, and to sue and be sued.
(4) The legislative authority of the county in which the
public stadium authority is located, or the council of any city
located in that county, may transfer property to the public stadium authority created under this chapter. Property encumbered by debt may be transferred by a county legislative
authority or a city council to a public stadium authority created to develop a stadium and exhibition center under RCW
36.102.050, but obligation for payment of the debt may not
be transferred. [1997 c 220 § 102 (Referendum Bill No. 48,
approved June 17, 1997).]
36.102.020
36.102.030 Public stadium authority—Board of
directors—Appointment—Terms—Vacancy—Removal.
(1) A public stadium authority shall be governed by a board
of directors consisting of seven members appointed by the
governor. The speaker of the house of representatives, the
minority leader of the house of representatives, the majority
leader of the senate, and the minority leader of the senate
shall each recommend to the governor a person to be
appointed to the board.
(2) Members of the board of directors shall serve fouryear terms of office, except that three of the initial seven
board members shall serve two-year terms of office. The governor shall designate the initial terms of office for the initial
members who are appointed.
(3) A vacancy shall be filled in the same manner as the
original appointment was made and the person appointed to
fill a vacancy shall serve for the remainder of the unexpired
term of the office for the position to which he or she was
appointed.
(4) A director appointed by the governor may be
removed from office by the governor. [1997 c 220 § 103
(Referendum Bill No. 48, approved June 17, 1997).]
36.102.030
36.102.040 Public stadium authority advisory committee—Appointment—Review and comment on proposed lease agreement. (1) There is created a public stadium authority advisory committee comprised of five members. The advisory committee consists of: The director of the
36.102.040
[Title 36 RCW—page 317]
36.102.050
Title 36 RCW: Counties
office of financial management, who shall serve as chair; two
members appointed by the house of representatives, one each
appointed by the speaker of the house of representatives and
the minority leader of the house of representatives; and two
members appointed by the senate, one each appointed by the
majority leader of the senate and the minority leader of the
senate.
(2) The advisory committee, prior to the final approval of
any lease with the master tenant or sale of stadium naming
rights, shall review and comment on the proposed lease
agreement or sale of stadium naming rights. [1997 c 220 §
104 (Referendum Bill No. 48, approved June 17, 1997).]
36.102.050
36.102.050 Public stadium authority—Powers and
duties—Acquisition, construction, ownership, remodeling, maintenance, equipping, reequipping, repairing, and
operation of stadium and exhibition center—Contracts
and agreements regarding ownership and operation—
Employees unclassified—Supplemental public works
contracting procedures—Charges and fees—Gifts,
grants, and donations—Prevailing wage and women and
minority-business participation. (1) The public stadium
authority is authorized to acquire, construct, own, remodel,
maintain, equip, reequip, repair, and operate a stadium and
exhibition center as defined in RCW 36.102.010.
(2) The public stadium authority may enter into agreements under chapter 39.34 RCW for the joint provision and
operation of a stadium and exhibition center and may enter
into contracts under chapter 39.34 RCW where any party to
the contract provides and operates the stadium and exhibition
center for the other party or parties to the contract.
(3) Any employees of the public stadium authority shall
be unclassified employees not subject to the provisions of
chapter 41.06 RCW and a public stadium authority may contract with a public or private entity for the operation or management of the stadium and exhibition center.
(4) The public stadium authority is authorized to use the
alternative supplemental public works contracting procedures set forth in chapter 39.10 RCW in connection with the
design, construction, reconstruction, remodel, or alteration of
a stadium and exhibition center.
(5) The public stadium authority may impose charges
and fees for the use of the stadium and exhibition center, and
may accept and expend or use gifts, grants, and donations.
(6) The public stadium authority shall comply with the
prevailing wage requirements of chapter 39.12 RCW and
goals established for women and minority-business participation for the county. [1997 c 220 § 105 (Referendum Bill No.
48, approved June 17, 1997).]
36.102.060
36.102.060 Public stadium authority—Powers and
duties—Site—Project scope—Design and specification—
Use of professional services—Budget—Financing structure—Development agreement—Lease agreement—
Profit-sharing discussion—Master tenant funds for
Olympics and world cup—Stadium scheduling—Super
Bowl acquisition—Mitigation—Demolition filming—Permanent seat licenses. In addition to other powers and
restrictions on a public stadium authority, the following apply
[Title 36 RCW—page 318]
to a public stadium authority created to develop a stadium
and exhibition center under RCW 36.102.050:
(1) The public stadium authority, in consultation with the
team affiliate, shall have the authority to determine the stadium and exhibition center site;
(2) The public stadium authority, in consultation with the
team affiliate, shall have the authority to establish the overall
scope of the stadium and exhibition center project, including,
but not limited to, stadium and exhibition center itself, associated exhibition facilities, associated parking facilities, associated retail and office development that are part of the stadium and exhibition center, and ancillary services and facilities;
(3) The public stadium authority, in consultation with the
team affiliate, shall have the authority to make the final determination of the stadium and exhibition center overall design
and specification;
(4) The public stadium authority shall have the authority
to contract with a team affiliate for the provision of architectural, engineering, environmental, and other professional services related to the stadium and exhibition center site, design
options, required environmental studies, and necessary permits for the stadium and exhibition center;
(5) The public stadium authority, in consultation with the
team affiliate, shall have the authority to establish the project
budget on the stadium and exhibition center project;
(6) The public stadium authority, in consultation with the
team affiliate, shall have the authority to make recommendations to the state finance committee regarding the structure of
the financing of the stadium and exhibition center project;
(7) The public stadium authority shall have the authority
to enter into a development agreement with a team affiliate
whereby the team affiliate may control the development of
the stadium and exhibition center project, consistent with
subsections (1) through (6) of this section, in consideration of
which the team affiliate assumes the risk of costs of development that are in excess of the project budget established
under subsection (5) of this section. Under the development
agreement, the team affiliate shall determine bidding specifications and requirements, and other aspects of development.
Under the development agreement, the team affiliate shall
determine procurement procedures and other aspects of
development, and shall select and engage an architect or
architects and a contractor or contractors for the stadium and
exhibition center project, provided that the construction,
alterations, repairs, or improvements of the stadium and exhibition center shall be subject to the prevailing wage requirements of chapter 39.12 RCW and all phases of the development shall be subject to the goals established for women and
minority-business participation for the county where the stadium and exhibition center is located. The team affiliate
shall, to the extent feasible, hire local residents and in particular residents from the areas immediately surrounding the
stadium and exhibition center during the construction and
ongoing operation of the stadium and exhibition center;
(8) The public stadium authority shall have the authority
to enter into a long-term lease agreement with a team affiliate
whereby, in consideration of the payment of fair rent and
assumption of operating and maintenance responsibilities,
risk, legal liability, and costs associated with the stadium and
exhibition center, the team affiliate becomes the sole master
(2008 Ed.)
Stadium and Exhibition Centers
tenant of the stadium and exhibition center. The master tenant
lease agreement must require the team affiliate to publicly
disclose, on an annual basis, an audited profit and loss financial statement. The team affiliate shall provide a guarantee,
security, or a letter of credit from a person or entity with a net
worth in excess of one hundred million dollars that guarantees a maximum of ten years’ payments of fair rent under the
lease in the event of the bankruptcy or insolvency of the team
affiliate. The master tenant shall have the power to sublease
and enter into use, license, and concession agreements with
various users of the stadium and exhibition center including
the professional football team, and the master tenant has the
right to name the stadium and exhibition center, subject to
RCW 36.102.080. The master tenant shall meet goals, established by the county where the stadium and exhibition center
is located, for women and minority employment for the operation of the stadium and exhibition center. Except as provided in subsection (10) of this section, the master tenant
shall have the right to retain revenues derived from the operation of the stadium and exhibition center, including revenues
from the sublease and uses, license and concession agreements, revenues from suite licenses, concessions, advertising, long-term naming rights subject to RCW 36.102.080,
and parking revenue. If federal law permits interest on bonds
issued to finance the stadium and exhibition center to be
treated as tax exempt for federal income tax purposes, the
public stadium authority and the team affiliate shall endeavor
to structure and limit the amounts, sources, and uses of any
payments received by the state, the county, the public stadium authority, or any related governmental entity for the use
or in respect to the stadium and exhibition center in such a
manner as to permit the interest on those bonds to be tax
exempt. As used in this subsection, "fair rent" is solely
intended to cover the reasonable operating expenses of the
public stadium authority and shall be not less than eight hundred fifty thousand dollars per year with annual increases
based on the consumer price index;
(9) Subject to RCW 43.99N.020(2)(b)(ix), the public stadium authority may reserve the right to discuss profit sharing
from the stadium and exhibition center from sources that
have not been identified at the time the long-term lease agreement is executed;
(10) The master tenant may retain an amount to cover the
actual cost of preparing the stadium and exhibition center for
activities involving the Olympic Games and world cup soccer. Revenues derived from the operation of the stadium and
exhibition center for activities identified in this subsection
that exceed the master tenant’s actual costs of preparing,
operating, and restoring the stadium and exhibition center
must be deposited into the tourism development and promotion account created in RCW 43.330.094;
(11) The public stadium authority, in consultation with a
public facilities district that is located within the county, shall
work to eliminate the use of the stadium and exhibition center
for events during the same time as events are held in the baseball stadium as defined in RCW 82.14.0485;
(12) The public stadium authority, in consultation with
the team affiliate, must work to secure the hosting of a Super
Bowl, if the hosting requirements are changed by the national
football league or similar professional football association;
(2008 Ed.)
36.102.070
(13) The public stadium authority shall work with surrounding areas to mitigate the impact of the construction and
operation of the stadium and exhibition center;
(14) The public stadium authority, in consultation with
the office of financial management, shall negotiate filming
rights of the demolition of the existing domed stadium on the
stadium and exhibition center site. All revenues derived from
the filming of the demolition of the existing domed stadium
shall be deposited into the film and video promotion account
created in RCW 43.330.092; and
(15) The public stadium authority shall have the authority, upon the agreement of the team affiliate, to sell permanent seat licenses, and the team affiliate may act as the sales
agent for this purpose. [1997 c 220 § 106 (Referendum Bill
No. 48, approved June 17, 1997).]
36.102.070 Deferral of taxes—Application by public
stadium authority—Department of revenue approval—
Repayment—Schedules—Interest—Debt for taxes—
Information not confidential. (1) The governing board of a
public stadium authority may apply for deferral of taxes on
the construction of buildings, site preparation, and the acquisition of related machinery and equipment for a stadium and
exhibition center. Application shall be made to the department of revenue in a form and manner prescribed by the
department of revenue. The application shall contain information regarding the location of the stadium and exhibition
center, estimated or actual costs, time schedules for completion and operation, and other information required by the
department of revenue. The department of revenue shall
approve the application within sixty days if it meets the
requirements of this section.
(2) The department of revenue shall issue a sales and use
tax deferral certificate for state and local sales and use taxes
due under chapters 82.08, 82.12, and 82.14 RCW on the public facility.
(3) The public stadium authority shall begin paying the
deferred taxes in the fifth year after the date certified by the
department of revenue as the date on which the stadium and
exhibition center is operationally complete. The first payment is due on December 31st of the fifth calendar year after
such certified date, with subsequent annual payments due on
December 31st of the following nine years. Each payment
shall equal ten percent of the deferred tax.
(4) The department of revenue may authorize an accelerated repayment schedule upon request of the public stadium
authority.
(5) Interest shall not be charged on any taxes deferred
under this section for the period of deferral, although all other
penalties and interest applicable to delinquent excise taxes
may be assessed and imposed for delinquent payments under
this section. The debt for deferred taxes is not extinguished
by insolvency or other failure of the public stadium authority.
(6) The repayment of deferred taxes and interest, if any,
shall be deposited into the stadium and exhibition center
account created in RCW 43.99N.060 and used to retire bonds
issued under RCW 43.99N.020 to finance the construction of
the stadium and exhibition center.
(7) Applications and any other information received by
the department of revenue under this section are not confidential and are subject to disclosure. Chapter 82.32 RCW
36.102.070
[Title 36 RCW—page 319]
36.102.080
Title 36 RCW: Counties
applies to the administration of this section. [1997 c 220 §
201 (Referendum Bill No. 48, approved June 17, 1997).]
property by lease, sublease, purchase, or sale. [1997 c 220 §
110 (Referendum Bill No. 48, approved June 17, 1997).]
36.102.080 Naming rights—Use of revenues. Revenues from the sales of naming rights of a stadium and exhibition center developed under RCW 36.102.050 may only be
used for costs associated with capital improvements associated with modernization and maintenance of the stadium and
exhibition center. The sales of naming rights are subject to
the reasonable approval of the public stadium authority.
[1997 c 220 § 107 (Referendum Bill No. 48, approved June
17, 1997).]
36.102.120 Public stadium authority board of directors—Travel and business expenses—Resolution on payment and procedures—Operating budget report. (1) The
board of directors of the public stadium authority shall adopt
a resolution that may be amended from time to time that shall
establish the basic requirements governing methods and
amounts of reimbursement payable to such authority and
employees for travel and other business expenses incurred on
behalf of the authority. The resolution shall, among other
things, establish procedures for approving such expenses; the
form of the travel and expense voucher; and requirements
governing the use of credit cards issued in the name of the
authority. The resolution may also establish procedures for
payment of per diem to board members. The state auditor
shall, as provided by general law, cooperate with the public
stadium authority in establishing adequate procedures for
regulating and auditing the reimbursement of all such
expenses.
(2) The board of directors shall transmit a copy of the
adopted annual operating budget of the public stadium
authority to the governor and the majority leader and minority leader of the house of representatives and the senate. The
budget information shall include, but is not limited to a statement of income and expenses of the public stadium authority.
[1997 c 220 § 111 (Referendum Bill No. 48, approved June
17, 1997).]
36.102.080
36.102.090 Donated moneys. A public stadium authority may accept and expend moneys that may be donated for
the purpose of a stadium and exhibition center. [1997 c 220
§ 108 (Referendum Bill No. 48, approved June 17, 1997).]
36.102.090
36.102.100 Construction agreements—Property
assembly—Demolition of existing structures. (1) The public stadium authority, the county, and the city, if any, in
which the stadium and exhibition center is to be located shall
enter into one or more agreements regarding the construction
of a stadium and exhibition center. The agreements shall
address, but not be limited to:
(a) Expedited permit processing for the design and construction of the stadium and exhibition center project;
(b) Expedited environmental review processing;
(c) Expedited processing of requests for street, right-ofway, or easement vacations necessary for the construction of
the stadium and exhibition center project; and
(d) Other items deemed necessary for the design and
construction of the stadium and exhibition center project.
(2) The county shall assemble such real property and
associated personal property as the public stadium authority
and the county mutually determine to be necessary as a site
for the stadium and exhibition center. Property that is necessary for this purpose that is owned by the county on or after
July 17, 1997, shall be contributed to the authority, and property that is necessary for this purpose that is acquired by the
county on or after July 17, 1997, shall be conveyed to the
authority. Property that is encumbered by debt may be transferred by the county to the authority, but obligation for payment of the debt may not be transferred.
(3) A new exhibition facility of at least three hundred
twenty-five thousand square feet, with adequate on-site parking, shall be constructed and operational before any domed
stadium in the county is demolished or rendered unusable.
Demolition of any existing structure and construction of the
stadium and exhibition center shall be reasonably executed in
a manner that minimizes impacts, including access and parking, upon existing facilities, users, and neighborhoods. No
county or city may exercise authority under any landmarks
preservation statute or ordinance in order to prevent or delay
the demolition of any existing domed stadium at the site of
the stadium and exhibition center. [1997 c 220 § 109 (Referendum Bill No. 48, approved June 17, 1997).]
36.102.100
36.102.110 Property acquisition and sale. A public
stadium authority may acquire and transfer real and personal
36.102.110
[Title 36 RCW—page 320]
36.102.120
36.102.130 Public stadium authority officers and
employees—Expenses. The board of directors of the public
stadium authority may authorize payment of actual and necessary expenses of officers and employees for lodging,
meals, and travel-related costs incurred in attending meetings
or conferences on behalf of the public stadium authority and
strictly in the public interest and for public purposes. Officers
and employees may be advanced sufficient sums to cover
their anticipated expenses in accordance with rules adopted
by the state auditor, which shall substantially conform to the
procedures provided in RCW 43.03.150 through 43.03.210.
[1997 c 220 § 112 (Referendum Bill No. 48, approved June
17, 1997).]
36.102.130
36.102.140 Public stadium authority board of directors—Compensation—Waiver. Each member of the board
of directors of the public stadium authority may receive compensation of fifty dollars per day for attending meetings or
conferences on behalf of the authority, not to exceed three
thousand dollars per year. A director may waive all or a portion of his or her compensation under this section as to a
month or months during his or her term of office, by a written
waiver filed with the public stadium authority. The compensation provided in this section is in addition to reimbursement
for expenses paid to the directors by the public stadium
authority. [1997 c 220 § 113 (Referendum Bill No. 48,
approved June 17, 1997).]
36.102.140
36.102.150 Public stadium authority—Liability
insurance. The board of directors of the public stadium
36.102.150
(2008 Ed.)
Stadium and Exhibition Centers
authority may purchase liability insurance with such limits as
the directors may deem reasonable for the purpose of protecting and holding personally harmless authority officers and
employees against liability for personal or bodily injuries and
property damage arising from their acts or omissions while
performing or in good faith purporting to perform their official duties. [1997 c 220 § 114 (Referendum Bill No. 48,
approved June 17, 1997).]
36.102.803
36.102.200 Public stadium authority—Confidentiality of financial information. The public stadium authority
may refuse to disclose financial information on the master
tenant, concessioners, the team affiliate, or subleasee under
RCW 42.56.270. [2005 c 274 § 274; 1997 c 220 § 119 (Referendum Bill No. 48, approved June 17, 1997).]
36.102.200
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
36.102.800 Referendum only measure for taxes for
stadium and exhibition center—Limiting legislation upon
failure to approve—1997 c 220. The referendum on this act
is the only measure authorizing, levying, or imposing taxes
for a stadium and exhibition center that may be put to a public
vote. Should the act fail to be approved at the special election
on or before June 20, 1997, the legislature shall not pass other
legislation to build or finance a stadium and exhibition center, as defined in RCW 36.102.010, for the team affiliate.
[1997 c 220 § 604 (Referendum Bill No. 48, approved June
17, 1997).]
36.102.800
36.102.160 Public stadium authority—Defense of
suit, claim, or proceeding against officer or employee—
Costs—Attorneys’ fees—Obligation—Exception. Whenever an action, claim, or proceeding is instituted against a
person who is or was an officer or employee of the public stadium authority arising out of the performance of duties for or
employment with the authority, the public stadium authority
may grant a request by the person that the attorney of the
authority’s choosing be authorized to defend the claim, suit,
or proceeding, and the costs of defense, attorneys’ fees, and
obligation for payments arising from the action may be paid
from the authority’s funds. Costs of defense or judgment or
settlement against the person shall not be paid in a case where
the court has found that the person was not acting in good
faith or within the scope of employment with or duties for the
public stadium authority. [1997 c 220 § 115 (Referendum
Bill No. 48, approved June 17, 1997).]
36.102.160
36.102.170 Information preparation and distribution. The board of directors of the public stadium authority
shall have authority to authorize the expenditure of funds for
the public purposes of preparing and distributing information
to the general public about the stadium and exhibition center.
[1997 c 220 § 116 (Referendum Bill No. 48, approved June
17, 1997).]
36.102.170
36.102.180 Public stadium authority—Employee
positions—Wages and benefits—Insurance of employees,
board members. The public stadium authority shall have
authority to create and fill positions, fix wages and salaries,
pay costs involved in securing or arranging to secure employees, and establish benefits for employees, including holiday
pay, vacations or vacation pay, retirement benefits, medical,
life, accident, or health disability insurance, as approved by
the board. Public stadium authority board members, at their
own expense, shall be entitled to medical, life, accident, or
health disability insurance. Insurance for employees and
board members shall not be considered compensation.
Authority coverage for the board is not to exceed that provided public stadium authority employees. [1997 c 220 § 117
(Referendum Bill No. 48, approved June 17, 1997).]
36.102.180
36.102.190 Public stadium authority—Securing services—Service provider agreement—Resolutions setting
procedures. The public stadium authority may secure services by means of an agreement with a service provider. The
public stadium authority shall publish notice, establish criteria, receive and evaluate proposals, and negotiate with
respondents under requirements set forth by authority resolution. [1997 c 220 § 118 (Referendum Bill No. 48, approved
June 17, 1997).]
36.102.190
(2008 Ed.)
36.102.801 Legislation as opportunity for voter’s
decision—Not indication of legislators’ personal vote on
referendum proposal—1997 c 220. The legislature neither
affirms nor refutes the value of this proposal, and by this legislation simply expresses its intent to provide the voter of the
state of Washington an opportunity to express the voter’s
decision. It is also expressed that many legislators might personally vote against this proposal at the polls, or they might
not. [1997 c 220 § 605 (Referendum Bill No. 48, approved
June 17, 1997).]
36.102.801
36.102.802 Contingency—Null and void—Team
affiliate’s agreement for reimbursement for election—
1997 c 220. Notwithstanding any other provision of this act,
this act shall be null and void in its entirety unless the team
affiliate as defined in RCW 36.102.010 enters into an agreement with the secretary of state to reimburse the state and the
counties for the full cost of the special election to be held on
or before June 20, 1997. [1997 c 220 § 606 (Referendum Bill
No. 48, approved June 17, 1997).]
36.102.802
Reviser’s note: The team affiliate entered into an agreement with the
secretary of state on May 14, 1997, for reimbursement of the full cost of the
special election.
Effective date—1997 c 220 §§ 606 and 607: "Sections 606 and 607 of
this act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and take effect immediately [April 26, 1997]." [1997 c 220 §
608.]
36.102.803 Referendum—Submittal—Explanatory
statement—Voters’ pamphlet—Voting procedures—
Canvassing and certification—Reimbursement of counties for costs—No other elections on stadium and exhibition center—1997 c 220. (1) The secretary of state shall submit sections 101 through 604, chapter 220, Laws of 1997 to
the people for their adoption and ratification, or rejection, at
a special election to be held in this state on or before June 20,
1997, in accordance with Article II, section 1 of the state
Constitution and the laws adopted to facilitate its operation.
The special election shall be limited to submission of this act
to the people.
36.102.803
[Title 36 RCW—page 321]
36.102.900
Title 36 RCW: Counties
(2) The attorney general shall prepare the explanatory
statement required by *RCW 29.81.020 and transmit that
statement regarding the referendum to the secretary of state
no later than the last Monday of April before the special election.
(3) The secretary of state shall prepare and distribute a
voters’ pamphlet addressing this referendum measure following the procedures and requirements of **chapter 29.81
RCW, except that the secretary of state may establish different deadlines for the appointment of committees to draft
arguments for and against the referendum, for submitting
arguments for and against the referendum, and for submitting
rebuttal statements of arguments for and against the referendum. The voters’ pamphlet description of the referendum
measure shall include information to inform the public that
ownership of the KingDome may be transferred to the public
stadium authority and that the KingDome will be demolished
in order to accommodate the new football stadium.
(4) A county auditor may conduct the voting at this special election in all precincts of the county by mail using the
procedures set forth in ***RCW 29.36.121 through
29.36.139.
(5) Notwithstanding the provisions of ****RCW
29.62.020, the county canvassing board in each county shall
canvass and certify the votes cast at this special election in
that county to the secretary of state no later than the seventh
day following the election. Notwithstanding the provisions of
****RCW 29.62.120, the secretary of state shall canvass and
certify the returns from the counties no later than the ninth
day following the special election.
(6) The secretary of state shall reimburse each county for
the cost of conducting the special election in that county in
the same manner as state primary and general election costs
are reimbursed under ****RCW 29.13.047 (1) and (3).
(7) No other state, county, or local election shall be
required or held on any proposition related to or affecting the
stadium and exhibition center defined in RCW 36.102.010.
[1997 c 220 § 607 (Referendum Bill No. 48, approved June
17, 1997).] Referendum Bill No. 48 was approved by the
electorate at the June 17, 1997, election.
Reviser’s note: *(1) RCW 29.81.020 was repealed by 1999 c 260 § 13.
**(2) Chapter 29.81 RCW was recodified as chapter 29A.32 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.
***(3) RCW 29.36.121, 29.36.124, 29.36.126, and 29.36.130 were
recodified as RCW 29.38.020, 29.38.040, 29.38.050, and 29.38.060, respectively, pursuant to 2001 c 241 § 25. RCW 29.36.122 and 29.36.139 were
repealed by 2001 c 241 § 24. RCW 29.38.020, 29.38.040, 29.38.050, and
29.38.060 were subsequently recodified as RCW 29A.48.020, 29A.48.040,
29A.48.050, and 29A.48.060, respectively, pursuant to 2003 c 111 § 2401,
effective July 1, 2004.
****(4) RCW 29.62.020, 29.62.120, and 29.13.047 were recodified as
RCW 29A.60.160, 29A.60.250, and 29A.04.420, respectively, pursuant to
2003 c 111 § 2401, effective July 1, 2004.
Effective date—1997 c 220 §§ 606 and 607: See note following RCW
36.102.802.
36.102.900 Part headings not law—1997 c 220. Part
headings used in this act are not any part of the law. [1997 c
220 § 601 (Referendum Bill No. 48, approved June 17,
1997).]
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1997 c 220 § 602 (Referendum Bill No. 48, approved June
17, 1997).]
Chapter 36.105 RCW
COMMUNITY COUNCILS FOR UNINCORPORATED
AREAS OF ISLAND COUNTIES
Chapter 36.105
Sections
36.105.010
36.105.020
36.105.030
36.105.040
36.105.050
36.105.060
36.105.070
36.105.080
36.105.090
36.105.100
Purpose.
Definitions.
Minimum requirements.
Creation.
Election of initial community councilmembers.
Community councilmembers—Election—Terms.
Responsibility of county legislative authority.
Powers.
Annexation.
Dissolution.
36.105.010 Purpose. Voters of the unincorporated
areas of the state are authorized to establish community councils as provided in this chapter.
It is the purpose of this chapter to provide voters of unincorporated areas in counties with a population of over thirty
thousand that are made up entirely of islands with direct input
on the planning and zoning of their community by establishing a governmental mechanism to adopt proposed community comprehensive plans and proposed community zoning
ordinances that are consistent with an overall guide and
framework adopted by the county legislative authority. In
addition, it is the purpose of this chapter to have community
councils serve as forums for the discussion of local issues.
[1991 c 363 § 99.]
36.105.010
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.105.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Community" means a portion of the unincorporated
area for which a community council has been established and
which is located in a county with a population of over thirty
thousand that is made up entirely of islands.
(2) "Community comprehensive plan" means a comprehensive plan adopted by a community council.
(3) "Community council" means the governing body
established under this chapter to adopt community comprehensive plans and community zoning ordinances for a community.
(4) "Community zoning ordinances" means the zoning
ordinances adopted by a community council to implement a
community comprehensive plan. [1991 c 363 § 100.]
36.105.020
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.102.900
36.102.901 Severability—1997 c 220. If any provision
of this act or its application to any person or circumstance is
36.102.901
[Title 36 RCW—page 322]
36.105.030 Minimum requirements. A community
for which a community council is created may include only
unincorporated territory located in a single county with a
population of over thirty thousand that is made up entirely of
islands and not included within a city or town. A community
council must have at least one thousand persons residing
36.105.030
(2008 Ed.)
Community Councils for Unincorporated Areas of Island Counties
within the community when the community council is created or, where the community only includes an entire island,
at least three hundred persons must reside on the island when
the community council is created. Any portion of such a community that is annexed by a city or town, or is incorporated as
a city or town, shall be removed from the community upon
the effective date of the annexation or the official date of the
incorporation. [1991 c 363 § 101.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.105.040
36.105.040 Creation. (1) The process to create a community council shall be initiated by the filing of petitions with
the county auditor of the county in which the community is
located which: (a) Call for the creation of a community council; (b) set forth the boundaries for the community; (c) indicate the number of community councilmembers, which shall
be five, seven, nine, or eleven; and (d) contain signatures of
voters residing within the community equal in number to at
least ten percent of the voters residing in the community who
voted at the last state general election. The county auditor
shall determine if the petitions contain a sufficient number of
valid signatures and certify the sufficiency of the petitions
within fifteen days of when the petitions were filed. If the
petitions are certified as having sufficient valid signatures,
the county auditor shall transmit the petitions and certificate
to the county legislative authority.
(2) The county legislative authority shall hold a public
hearing within the community on the creation of the proposed
community council no later than sixty days after the petitions
and certificate of sufficiency were transmitted to the county
legislative authority. Notice of the public hearing shall be
published in a newspaper of general circulation in the community for at least once a week for two consecutive weeks,
with the last date of publication no more than ten days prior
to the date of the public hearing. At least ten days before the
public hearing, additional notice shall be posted conspicuously in at least five places within the proposed community in
a manner designed to attract public attention.
(3) After receiving testimony on the creation of the proposed community council, the county legislative authority
may alter the boundaries of the community, but the boundaries may not be altered to reduce the number of persons living within the community by more than ten percent or below
the minimum number of residents who must reside within the
community at the time of the creation of the community
council. If territory is added to the community, another public
hearing on the proposal shall be held.
(4) The county legislative authority shall call a special
election within the community to determine whether the proposed community council shall be created, and to elect the
initial community councilmembers, at the next state general
election occurring seventy-five or more days after the initial
public hearing on the creation of the proposed community
council. The community council shall be created if the ballot
proposition authorizing the creation of the community is
approved by a simple majority vote of the voters voting on
the proposition. [1991 c 363 § 102.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
(2008 Ed.)
36.105.060
36.105.050 Election of initial community councilmembers. The initial members of the community council
shall be elected at the same election as the ballot proposition
is submitted authorizing the creation of the community council. However, the election of the initial community councilmembers shall be null and void if the ballot proposition
authorizing the creation of the community council is not
approved.
No primary election shall be held to nominate candidates
for initial council positions. The initial community council
shall consist of the candidate for each council position who
receives the greatest number of votes for that council position. Staggering of terms of office shall be accomplished by
having the majority of the winning candidates who receive
the greatest number of votes being elected to four-year terms
of office, and the remaining winning candidates being elected
to two-year terms of office, if the election was held in an
even-numbered year, or the majority of the winning candidates who receive the greatest number of votes being elected
to three-year terms of office, and the remaining winning candidates being elected to one-year terms of office, if the election was held in an odd-numbered year, with the term computed from the first day of January in the year following the
election. Initial councilmembers shall take office immediately when qualified in accordance with *RCW 29.01.135.
However, where the county operates under a charter providing for the election of members of the county legislative
authority in odd-numbered years, the terms of office of the
initial councilmembers shall be four years and two years, if
the election of the initial councilmembers was held on an
odd-numbered year, or three years and one year, if the election of the initial councilmembers was held on an even-numbered year. [1991 c 363 § 103.]
36.105.050
*Reviser’s note: RCW 29.01.135 was recodified as RCW 29A.04.133
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.105.060 Community councilmembers—Election—Terms. Community councilmembers shall be elected
to staggered four-year terms until their successors are elected
and qualified. Each council position shall be numbered separately. Candidates shall run for specific council positions.
The number of council positions shall be five, seven, nine, or
eleven, as specified in the petition calling for the creation of
the community council.
Community councilmembers shall be nominated and
elected at nonpartisan elections pursuant to general election
laws, except the elections shall be held in even-numbered
years, unless the county operates under a charter and members of the county legislative authority are elected in oddnumbered years, in which case, community councilmembers
shall be elected in odd-numbered years.
The provisions of this section apply to the election and
terms of office of the initial community councilmembers,
except as provided in RCW 36.105.050.
A councilmember shall lose his or her council position if
his or her primary residence no longer is located within the
community. Vacancies on a community council shall be
filled by action of the remaining councilmembers. [1991 c
363 § 104.]
36.105.060
[Title 36 RCW—page 323]
36.105.070
Title 36 RCW: Counties
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.105.070
36.105.070 Responsibility of county legislative
authority. (1) Within ninety days of the election at which a
community council is created, the county legislative authority shall adopt an ordinance establishing policies and conditions and designating portions or components of the county
comprehensive plan and zoning ordinances that serve as an
overall guide and framework for the development of proposed community comprehensive plans and proposed community zoning ordinances. The conditions and policies shall
conform with the requirements of chapter 36.70A RCW.
(2) Proposed community comprehensive plans and proposed community zoning ordinances that are adopted by a
community council shall be submitted to the county legislative authority for its review of the consistency of the proposed plans and proposed ordinances with the ordinance
adopted under subsection (1) of this section. The county legislative authority shall either approve the proposed plans and
proposed ordinances as adopted, or refer the proposed plans
and proposed ordinances back to the community council with
written findings specifying the inconsistencies, within ninety
days after they were submitted. The county comprehensive
plan, or subarea plan and comprehensive plan, and zoning
ordinances shall remain in effect in the community until the
proposed community comprehensive plans and proposed
community zoning ordinances have been approved as provided in this subsection.
(3) Each proposed amendment to approved community
comprehensive plans or approved community zoning ordinances that is adopted by a community council shall be submitted to the county legislative authority for its review of the
consistency of the amendment with the ordinance adopted
under subsection (1) of this section. The county legislative
authority shall either approve the proposed amendment as
adopted or refer the proposed amendment back to the community council with written findings specifying the inconsistencies within ninety days after the proposed amendment was
submitted. The unamended community comprehensive plans
and unamended community zoning ordinances shall remain
in effect in the community until the proposed amendment has
been approved as provided in this subsection.
(4) If the county legislative authority amends the ordinance it adopted under subsection (1) of this section, a community council shall be given at least one hundred twenty
days to amend its community comprehensive plans and community zoning ordinances to be consistent with this amended
ordinance. However, the county legislative authority may
amend the community comprehensive plans and community
zoning ordinances to achieve consistency with this amended
ordinance. Nothing in this subsection shall preclude a community council from subsequently obtaining approval of its
proposed community comprehensive plans and proposed
community zoning ordinances.
(5) Approved community comprehensive plans and
approved community zoning ordinances shall be enforced by
the county as if they had been adopted by the county legislative authority. All quasi-judicial actions and permits relating
to these plans and ordinances shall be made and decided by
[Title 36 RCW—page 324]
the county legislative authority or otherwise as provided by
the county legislative authority.
(6) The county shall provide administrative and staff
support for each community council within its boundaries.
[1991 c 363 § 105.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.105.080 Powers. A community council shall adopt
proposed community comprehensive plans and proposed
community zoning ordinances as provided in RCW
36.105.070. Community councils shall not have the authority
to take quasi-judicial actions nor to decide permit applications. In addition, a community council shall serve as a forum
for the discussion of local issues.
Community councils are subject to chapter 42.30 RCW,
the open public meetings act. [1991 c 363 § 106.]
36.105.080
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.105.090 Annexation. A community council may
provide for the annexation of adjacent unincorporated areas
to the community that are not included within another community for which a community council has been established.
Annexations shall be initiated by either resolution of the
community council proposing the annexation or petition of
voters residing in the adjacent area, which petition: (a)
Requests the annexation; (b) sets forth the boundaries of the
area proposed to be annexed; and (c) contains signatures of
voters residing within the area that is proposed to be annexed
equal in number to at least ten percent of the voters residing
in that area who voted at the last state general election.
Annexation petitions shall be filed with the county auditor
who shall determine if the petitions contain a sufficient number of valid signatures, certify the sufficiency of the petitions,
and notify the community council of the sufficiency of the
petitions within fifteen days of when the petitions are submitted.
A ballot proposition authorizing the annexation shall be
submitted to the voters of the area that is proposed to be
annexed at a primary or general election in either an oddnumbered or even-numbered year, if the community council
initiated the annexation by resolution or if the community
council concurs in an annexation that was initiated by the
submission of annexation petitions containing sufficient
valid signatures. The annexation shall occur if the ballot
proposition authorizing the creation of the community is
approved by a simple majority vote of the voters voting on
the proposition. The county’s comprehensive plan, and where
applicable to the county’s subarea plan, and zoning ordinances shall continue in effect in the annexed area until proposed amendments to the approved community comprehensive plans and approved community zoning ordinance have
been approved that apply to the annexed area. [1991 c 363 §
107.]
36.105.090
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.105.100 Dissolution. A community council shall be
dissolved if the population of the community is reduced to
36.105.100
(2008 Ed.)
Jail Industries Program
less than five hundred persons, or less than two hundred persons if the community only includes an entire island.
At the next general election at which community councilmembers would be elected, occurring at least four years
after the creation or reestablishment of a community, a ballot
proposition shall be submitted to the voters of the community
on whether the community shall be reestablished. If reestablished, the newly elected members of the community council
and the retained members of the community council shall
constitute the members of the community council. [1991 c
363 § 108.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Chapter 36.110
Chapter 36.110 RCW
JAIL INDUSTRIES PROGRAM
Sections
36.110.010
36.110.020
36.110.030
36.110.050
36.110.060
36.110.070
36.110.080
36.110.085
36.110.090
36.110.100
36.110.110
36.110.120
36.110.130
36.110.140
36.110.150
36.110.160
36.110.900
Finding—Purpose, intent.
Definitions.
Board of directors established—Membership.
Local advisory groups.
Board of directors—Duties.
Board of directors may receive funds, establish fee schedule.
Board of directors—Meetings—Terms—Compensation.
Board of directors—Immunity.
City or county special revenue funds.
Comprehensive work programs.
Deductions from offenders’ earnings.
Free venture industries, tax reduction industries—Employment status of inmates—Insurance coverage.
Free venture industry agreements—Effect of failure.
Education and training.
Department of corrections to provide staff assistance.
Technical training assistance.
Severability—1993 c 285.
36.110.010 Finding—Purpose, intent. Cities and
counties have a significant interest in ensuring that inmates in
their jails are productive citizens after their release in the
community. The legislature finds that there is an expressed
need for cities and counties to uniformly develop and coordinate jail industries technical information and program and
public safety standards statewide. It further finds that meaningful jail work industries programs that are linked to formal
education and adult literacy training can significantly reduce
recidivism, the rising costs of corrections, and criminal activities. It is the purpose and intent of the legislature, through
this chapter, to establish a statewide jail industries program
designed to promote inmate rehabilitation through meaningful work experience and reduce the costs of incarceration.
The legislature recognizes that inmates should have the
responsibility for contributing to the cost of their crime
through the wages earned while working in jail industries
programs and that such income shall be used to offset the
costs of implementing and maintaining local jail industries
programs and the costs of incarceration. [1993 c 285 § 1.]
36.110.010
36.110.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Board" means the statewide jail industries board of
directors.
(2) "City" means any city, town, or code city.
36.110.020
(2008 Ed.)
36.110.030
(3) "Cost accounting center" means a specific industry
program operated under the private sector prison industry
enhancement certification program as specified in 18 U.S.C.
Sec. 1761.
(4) "Court-ordered legal financial obligation" means a
sum of money that is ordered by a superior, district, or municipal court of the state of Washington for payment of restitution to a victim, a statutorily imposed crime victims compensation fee, court costs, a county or interlocal drug fund, court
appointed attorneys’ fees and costs of defense, fines, and
other legal financial obligations that are assessed as a result
of a felony or misdemeanor conviction.
(5) "Free venture employer model industries" means an
agreement between a city or county and a private sector business or industry or nonprofit organization to produce goods
or services to both public and private sectors utilizing jail
inmates whose compensation and supervision are provided
by the private sector business or entity.
"Free venture customer model industries" means an
agreement between a city or county and a private sector business or industry, or nonprofit organization to provide Washington state manufacturers or businesses with products or services currently produced, provided, or assembled by out-ofstate or foreign suppliers utilizing jail inmates whose compensation and supervision are provided by the incarcerating
facility or local jurisdiction.
(6) "Jail inmate" means a preconviction or postconviction resident of a city or county jail who is determined to be
eligible to participate in jail inmate work programs according
to the eligibility criteria of the work program.
(7) "Private sector prison industry enhancement certification program" means that program authorized by the
United States justice assistance act of 1984, 18 U.S.C. Sec.
1761.
(8) "Tax reduction industries" means those industries as
designated by a city or county owning and operating such an
industry to provide work training and employment opportunities for jail inmates, in total confinement, which reduce public support costs. The goods and services of these industries
may be sold to public agencies, nonprofit organizations, and
private contractors when the goods purchased will be ultimately used by a public agency or nonprofit organization.
Surplus goods from these operations may be donated to government and nonprofit organizations. [1995 c 154 § 1; 1993
c 285 § 2.]
36.110.030 Board of directors established—Membership. A statewide jail industries board of directors is
established. The board shall consist of the following members:
(1) One sheriff and one police chief, to be selected by the
Washington association of sheriffs and police chiefs;
(2) One county commissioner or one county councilmember to be selected by the Washington state association
of counties;
(3) One city official to be selected by the association of
Washington cities;
(4) Two jail administrators to be selected by the Washington state jail association, one of whom shall be from a
county or a city with an established jail industries program;
36.110.030
[Title 36 RCW—page 325]
36.110.050
Title 36 RCW: Counties
(5) One prosecuting attorney to be selected by the Washington association of prosecuting attorneys;
(6) One administrator from a city or county corrections
department to be selected by the Washington correctional
association;
(7) One county clerk to be selected by the Washington
association of county clerks;
(8) Three representatives from labor to be selected by the
governor. The representatives may be chosen from a list of
nominations provided by statewide labor organizations representing a cross-section of trade organizations;
(9) Three representatives from business to be selected by
the governor. The representatives may be chosen from a list
of nominations provided by statewide business organizations
representing a cross-section of businesses, industries, and all
sizes of employers;
(10) The governor’s representative from the employment
security department;
(11) One member representing crime victims, to be
selected by the governor;
(12) One member representing online law enforcement
officers, to be selected by the governor;
(13) One member from the department of community,
trade, and economic development to be selected by the governor;
(14) One member representing higher education, vocational education, or adult basic education to be selected by
the governor; and
(15) The governor’s representative from the correctional
industries division of the state department of corrections shall
be an ex officio member for the purpose of coordination and
cooperation between prison and jail industries and to further
a positive relationship between state and local government
offender programs. [1995 c 399 § 45; 1993 c 285 § 3.]
36.110.050 Local advisory groups. The board shall
require a city or a county that establishes a jail industries program to develop a local advisory group, or to use an existing
advisory group of the appropriate composition, to advise and
guide jail industries program operations. Such an advisory
group shall include an equal number of representatives from
labor and business. Representation from a sheltered workshop, as defined in RCW 82.04.385, and a crime victim advocacy group, if existing in the local area, should also be
included.
A local advisory group shall have among its tasks the
responsibility of ensuring that a jail industry has minimal
negative impact on existing private industries or the labor
force in the locale where the industry operates and that a jail
industry does not negatively affect employment opportunities
for people with developmental disabilities contracted through
the operation of sheltered workshops as defined in RCW
82.04.385. In the event a conflict arises between the local
business community or labor organizations concerning new
jail industries programs, products, services, or wages, the city
or county must use the arbitration process established pursuant to RCW 36.110.060. [1993 c 285 § 5.]
36.110.050
(1) Establish an arbitration process for resolving conflicts arising among the local business community and labor
organizations concerning new industries programs, products,
services, or wages;
(2) Encourage the development of the collection and
analysis of jail industries program data, including long-term
tracking information on offender recidivism;
(3) Determine, by applying established federal guidelines and criteria, whether a city or a county jail free venture
industries program complies with the private sector prison
industry enhancement certification program. In so doing, also
determine if that industry should be designated as a cost
accounting center for the purposes of the federal certification
program; and
(4) Provide technical assistance with product marketing.
[1993 c 285 § 6.]
36.110.070 Board of directors may receive funds,
establish fee schedule. The board may receive funds from
local, county, state, or federal sources and may receive grants
to support its activities. The board may establish a reasonable
schedule of suggested fees that will support statewide efforts
to promote and facilitate jail industries that would be presented to cities and counties that have established jail industries programs. [1993 c 285 § 7.]
36.110.070
36.110.080 Board of directors—Meetings—Terms—
Compensation. The board shall initially convene at the call
of the representative of the correctional industries division of
the state department of corrections, together with the jail
administrator selected from a city or a county with an established jail industries program, no later than six months after
July 25, 1993. Subsequent meetings of the board shall be at
the call of the board chairperson. The board shall meet at least
twice a year.
The board shall elect a chairperson and other such officers as it deems appropriate. However, the chairperson may
not be the representative of the correctional industries division of the state department of corrections nor any representative from a state executive branch agency.
Members of the board shall serve terms of three years
each on a staggered schedule to be established by the first
board. For purposes of initiating a staggered schedule of
terms, some members of the first board may initially serve
two years and some members may initially serve four years.
The members of the board shall serve without compensation but may be reimbursed for travel expenses from funds
acquired under this chapter. [1993 c 285 § 8.]
36.110.080
36.110.085 Board of directors—Immunity. Any
member serving in their official capacity on the Washington
state jail industries board, in either an appointed or advisory
capacity, or either their employer or employers, or other
entity that selected the members to serve, are immune from a
civil action based upon an act performed in good faith. [1995
c 154 § 5.]
36.110.085
36.110.090 City or county special revenue funds. A
city or a county that implements a jail industries program
may establish a separate fund for the operation of the pro36.110.090
36.110.060 Board of directors—Duties. The board, in
accordance with chapter 34.05 RCW, shall:
36.110.060
[Title 36 RCW—page 326]
(2008 Ed.)
Jail Industries Program
gram. This fund shall be a special revenue fund with continuing authority to receive income and pay expenses associated
with the jail industries program. [1993 c 285 § 9.]
36.110.100 Comprehensive work programs. Cities
and counties participating in jail industries are authorized to
provide for comprehensive work programs using jail inmate
workers at worksites within jail facilities or at such places
within the city or county as may be directed by the legislative
authority of the city or county, as similarly provided under
RCW 36.28.100. [1993 c 285 § 10.]
36.110.100
36.110.110 Deductions from offenders’ earnings.
When an offender is employed in a jail industries program for
which pay is allowed, deductions may be made from these
earnings for court-ordered legal financial obligations as
directed by the court in reasonable amounts that do not
unduly discourage the incentive to work. These deductions
shall be disbursed as directed in RCW 9.94A.760.
In addition, inmates working in jail industries programs
shall contribute toward costs to develop, implement, and
operate jail industries programs. This amount shall be a reasonable amount that does not unduly discourage the incentive
to work. The amount so deducted shall be deposited in the jail
industries special revenue fund.
Upon request of the offender, family support may also be
deducted and disbursed to a designated family member.
[1993 c 285 § 11.]
36.110.110
36.110.120 Free venture industries, tax reduction
industries—Employment status of inmates—Insurance
coverage. (1) A jail inmate who works in a free venture
industry or a tax reduction industry shall be considered an
employee of that industry only for the purpose of the Washington industrial safety and health act, chapter 49.17 RCW,
as long as the public safety is not compromised, and for eligibility for industrial insurance benefits under Title 51 RCW,
as provided in this section.
(2) For jail inmates participating in free venture
employer model industries, the private sector business or
industry or the nonprofit organization that is party to the
agreement, shall provide industrial insurance coverage under
Title 51 RCW. Local jurisdictions shall not be responsible for
obligations under Title 51 RCW in a free venture employer
model industry except as provided in RCW 36.110.130.
(3) For jail inmates participating in free venture customer model industries, the incarcerating entity or jurisdiction, the private sector business or industry, or the nonprofit
organization that is party to the agreement, shall provide
industrial insurance coverage under Title 51 RCW dependent
upon how the parties to the agreement choose to finalize the
agreement.
(4) For jail inmates incarcerated and participating in tax
reduction industries:
(a) Local jurisdictions that are self-insured may elect to
provide medical aid benefits coverage only under chapter
51.36 RCW through the state fund.
(b) Local jurisdictions, to include self-insured jurisdictions, may elect to provide industrial insurance coverage
under Title 51 RCW through the state fund.
36.110.160
(5) If industrial insurance coverage under Title 51 RCW
is provided for inmates under this section, eligibility for benefits for either the inmate or the inmate’s dependents or beneficiaries for temporary total disability or permanent total
disability under RCW 51.32.090 or 51.32.060, respectively,
shall not take effect until the inmate is discharged from custody by order of a court of appropriate jurisdiction. Nothing
in this section shall be construed to confer eligibility for any
industrial insurance benefits to any jail inmate who is not
employed in a free venture industry or a tax reduction industry. [1995 c 154 § 2; 1993 c 285 § 12.]
36.110.130 Free venture industry agreements—
Effect of failure. In the event of a failure such as a bankruptcy or dissolution, of a private sector business, industry, or
nonprofit organization engaged in a free venture industry
agreement, responsibility for obligations under Title 51 RCW
shall be borne by the city or county responsible for establishment of the free venture industry agreement, as if the city or
county had been the employing agency. To ensure that this
obligation can be clearly identified and accomplished, and to
provide accountability for purposes of the department of
labor and industries, a free venture jail industry agreement
entered into by a city or county and private sector business,
industry, or nonprofit organization should be filed under a
separate master business application, establishing a new and
separate account with the department of labor and industries,
and not be reported under an existing account for parties to
the agreement. [1995 c 154 § 3; 1993 c 285 § 13.]
36.110.130
36.110.120
(2008 Ed.)
36.110.140 Education and training. To the extent possible, jail industries programs shall be augmented by education and training to improve worker literacy and employability skills. Such education and training may include, but is not
limited to, basic adult education, work towards a certificate
of educational competence following successful completion
of the general educational development test, vocational and
preemployment work maturity skills training, and apprenticeship classes. [1993 c 285 § 14.]
36.110.140
36.110.150 Department of corrections to provide
staff assistance. Until sufficient funding is secured by the
board to adequately provide staffing, basic staff assistance
shall be provided, to the extent possible, by the department of
corrections. [1993 c 285 § 15.]
36.110.150
36.110.160 Technical training assistance. Technical
training assistance shall be provided to local jurisdictions by
the board at the jurisdiction’s request. To facilitate and promote the development of local jail industries programs, this
training and technical assistance may include the following:
(1) Delivery of statewide jail industry implementation workshops for administrators of jail industries programs; (2)
development of recruitment and education programs for local
business and labor to gain their participation; (3) ongoing
staff assistance regarding local jail industries issues, such as
sound business management skills, development of a professional business plan, responding to questions regarding risk
management, industrial insurance, and similar matters; and
(4) provision of guidelines and assistance for the coordina36.110.160
[Title 36 RCW—page 327]
36.110.900
Title 36 RCW: Counties
tion of basic educational programs and jail industries as well
as other technical skills required by local jails in the implementation of safe, productive, and effective jail industries
programs. [1995 c 154 § 4.]
36.110.900 Severability—1993 c 285. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1993 c 285 § 17.]
36.115.030 Coordination—Consistency. A service
agreement addressing children and family services shall
enhance coordination and shall be consistent with the comprehensive plan developed under chapter 7, Laws of 1994 sp.
sess. [1994 c 266 § 3.]
36.115.030
36.110.900
Chapter 36.115
Chapter 36.115 RCW
SERVICE AGREEMENTS
Sections
36.115.010
36.115.020
36.115.030
36.115.040
36.115.050
36.115.060
36.115.070
36.115.080
Purpose.
Definitions.
Coordination—Consistency.
Geographic area covered—Contents—When effective.
Matters included.
Procedure for establishment—Counties affected.
Legislative intent.
Duties, requirements, authorities under growth management
act not altered.
36.115.010 Purpose. The purpose of chapter 266, Laws
of 1994 is to establish a flexible process by which local governments enter into service agreements that will establish
which jurisdictions should provide various local government
services and facilities within specified geographic areas and
how those services and facilities will be financed. [1994 c
266 § 1.]
36.115.010
36.115.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "City" means a city or town, including a city operating under Title 35A RCW.
(2) "Governmental service" includes a service provided
by local government, and any facilities and equipment related
to the provision of such services, including but not limited to
utility services, health services, social services, law enforcement services, fire prevention and suppression services, community development activities, environmental protection
activities, economic development activities, and transportation services and facilities, but shall not include the generation, conservation, or distribution of electrical energy nor
maritime shipping activities.
(3) "Regional service" means a governmental service
established by agreement among local governments that
delineates the government entity or entities responsible for
the service provision and allows for that delivery to extend
over jurisdictional boundaries.
(4) "Local government" means a county, city, or special
district.
(5) "Service agreement" means an agreement among
counties, cities, and special districts established pursuant to
this chapter.
(6) "Special district" means a municipal or quasi-municipal corporation in the state, other than a county, city, or
school district. [1994 c 266 § 2.]
36.115.020
[Title 36 RCW—page 328]
36.115.040 Geographic area covered—Contents—
When effective. (1) Agreements among local governments
concerning one or more governmental service should be
established for a designated geographic area as provided in
this section.
(2) A service agreement must describe: (a) The governmental service or services addressed by the agreement; (b)
the geographic area covered by the agreement; (c) which
local government or local governments are to provide each of
the governmental services addressed by the agreement within
the geographic area covered by the agreement; and (d) the
term of the agreement, if any.
(3) A service agreement becomes effective when
approved by: (a) The county legislative authority of each
county that includes territory located within the geographic
area covered by the agreement; (b) the governing body or
bodies of at least a simple majority of the total number of cities that includes territory located within the geographic area
covered by the agreement, which cities include at least seventy-five percent of the total population of all cities that
includes territory located within the geographic area covered
by the agreement; and (c) for each governmental service
addressed by the agreement, the governing body or bodies of
at least a simple majority of the special districts that include
territory located within the geographic area covered by the
agreement and which provide the governmental service
within such territory. The participants may agree to use
another formula. An agreement pursuant to this section shall
be effective upon adoption by the county legislative authority
following a public hearing.
(4) A service agreement may cover a geographic area
that includes territory located in more than a single county.
[1994 c 266 § 4.]
36.115.040
36.115.050 Matters included. A service agreement
may include, but is not limited to, any or all of the following
matters:
(1) A dispute resolution arrangement;
(2) How joint land-use planning and development regulations by the county and a city or cities, or by two or more
cities, may be established, made binding, and enforced;
(3) How common development standards between the
county and a city or cities, or between two or more cities, may
be established, made binding, and enforced;
(4) How capital improvement plans of the county, cities,
and special districts shall be coordinated;
(5) How plans and policies adopted under chapter
36.70A RCW will be implemented by the service agreement;
(6) A transfer of revenues between local governments in
relationship to their obligations for providing governmental
services;
(7) The designation of additional area-wide governmental services to be provided by the county. [1994 c 266 § 5.]
36.115.050
(2008 Ed.)
Regional Transportation Investment Districts
36.115.060 Procedure for establishment—Counties
affected. (1) The county legislative authority of every
county with a population of one hundred fifty thousand or
more shall convene a meeting on or before March 1, 1995, to
develop a process for the establishment of service agreements. Invitations to attend this meeting shall be sent to the
governing body of each city located in the county, and to the
governing body of each special district located in the county
that provides one or more of the governmental services as
defined in RCW 36.115.020(2).
The legislative authorities of counties of less than one
hundred fifty thousand population may utilize this chapter by
adopting a resolution stating their intent to do so. In that case
or in the case of counties whose populations reach one hundred fifty thousand after March 1, 1995, this meeting shall be
convened no later than sixty days after the date the county
adopts its resolution of intention or was certified by the office
of financial management as having a population of one hundred fifty thousand or more.
(2) On or before January 1, 1997, a service agreement
must be adopted in each county under this chapter or a
progress report must be submitted to the appropriate committees of the legislature.
(3) In other counties that choose to utilize this chapter or
whose population reaches one hundred fifty thousand, the
service agreement must be adopted two years after the initial
meeting provided for in subsection (1) of this section is convened or a progress report must be submitted to the appropriate committees of the legislature. [1994 c 266 § 6.]
36.115.060
36.115.070 Legislative intent. It is the intent of the legislature to permit the creation of a flexible process to establish service agreements and to recognize that local governments possess broad authority to shape a variety of government service agreements to meet their local needs and
circumstances. However, it is noted that in general, cities are
the unit of local government most appropriate to provide
urban governmental services and counties are the unit of
local government most appropriate to provide regional governmental services.
The process to establish service agreements should
assure that all directly affected local governments, and Indian
tribes at their option, are allowed to be heard on issues relevant to them. [1994 c 266 § 7.]
36.115.070
36.115.080 Duties, requirements, authorities under
growth management act not altered. Nothing contained in
this chapter alters the duties, requirements, and authorities of
cities and counties contained in chapter 36.70A RCW. [1994
c 266 § 8.]
36.115.080
Chapter 36.120
Chapter 36.120 RCW
REGIONAL TRANSPORTATION
INVESTMENT DISTRICTS
Sections
36.120.010
36.120.020
36.120.030
36.120.040
36.120.045
36.120.050
(2008 Ed.)
Findings.
Definitions.
Planning committee—Formation.
Planning committee—Duties.
Planning committee—State route No. 520 improvements.
Planning committee—Taxes, fees, and tolls.
36.120.060
36.120.070
36.120.080
36.120.090
36.120.100
36.120.110
36.120.120
36.120.130
36.120.140
36.120.150
36.120.160
36.120.170
36.120.180
36.120.190
36.120.200
36.120.210
36.120.900
36.120.901
36.120.020
Project selection—Performance criteria.
Submission of ballot propositions to the voters.
Formation—Certification.
Governing board—Composition.
Governing board—Organization.
Governing board—Powers and duties—Intent.
Treasurer.
Indebtedness—Bonds—Limitation.
Transportation project or plan modification—Accountability.
Department of transportation—Role.
Ownership of improvements.
Dissolution of district.
Findings—Regional models—Grants.
Joint ballot measure.
Regional transportation investment district account.
Advisory ballot for Alaskan Way viaduct improvements—
Preferred alternative for Alaskan Way viaduct and Seattle
Seawall improvements.
Captions and subheadings not law—2002 c 56.
Severability—2002 c 56.
36.120.010 Findings. The legislature finds that:
(1) The capacity of many of Washington state’s transportation facilities have failed to keep up with the state’s growth,
particularly in major urban regions;
(2) The state cannot by itself fund, in a timely way, many
of the major capacity and other improvements required on
highways of statewide significance in the state’s largest
urbanized area;
(3) Providing a transportation system that provides efficient mobility for persons and freight requires a shared partnership and responsibility between the state, local, and
regional governments and the private sector; and
(4) Timely construction and development of significant
transportation improvement projects can best be achieved
through enhanced funding options for governments at the
county and regional levels, using already existing tax authority to address roadway and multimodal needs and new
authority for regions to address critical transportation
projects of statewide significance. [2002 c 56 § 101.]
36.120.010
36.120.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Board" means the governing body of a regional
transportation investment district.
(2) "Department" means the Washington state department of transportation.
(3) "Highway of statewide significance" means an existing or proposed state route or federal interstate designated as
a highway of statewide significance by the transportation
commission, the department, or the legislature.
(4) "Lead agency" means a public agency that by law can
plan, design, and build a transportation project and has been
so designated by the district.
(5) "Regional transportation investment district" or "district" means a municipal corporation that has been created by
county legislative authorities and a vote of the people under
this chapter to implement a regional transportation investment plan.
(6) "Regional transportation investment district planning
committee" or "planning committee" means the advisory
committee created under RCW 36.120.030 to create and propose to county legislative authorities a regional transportation
investment plan to develop, finance, and construct transportation projects.
36.120.020
[Title 36 RCW—page 329]
36.120.030
Title 36 RCW: Counties
(7) "Regional transportation investment plan" or "plan"
means a plan to develop, construct, and finance a transportation project or projects.
(8) "Transportation project" means:
(a) A capital improvement or improvements to a highway that has been designated, in whole or in part, as a highway of statewide significance, including an extension, that:
(i) Adds a lane or new lanes to an existing state or federal
highway; or
(ii) Repairs or replaces a lane or lanes damaged by an
event declared an emergency by the governor before January
1, 2002.
(b) A capital improvement or improvements to all or a
portion of a highway of statewide significance, including an
extension, and may include the following associated multimodal capital improvements:
(i) Approaches to highways of statewide significance;
(ii) High occupancy vehicle lanes;
(iii) Flyover ramps;
(iv) Park and ride lots;
(v) Bus pullouts;
(vi) Vans for vanpools;
(vii) Buses; and
(viii) Signalization, ramp metering, and other transportation system management improvements.
(c) A capital improvement or improvements to all or a
portion of a city street, county road, or existing highway or
the creation of a new highway that intersects with a highway
of statewide significance, if all of the following conditions
are met:
(i) The project is included in a plan that makes highway
improvement projects that add capacity to a highway or highways of statewide significance;
(ii) The secretary of transportation determines that the
project would better relieve traffic congestion than investing
that same money in adding capacity to a highway of statewide significance;
(iii) Matching money equal to fifteen percent of the total
cost of the project is provided by local entities, including but
not limited to a metropolitan planning organization, county,
city, port, or private entity in which a county participating in
a plan is located. Local entities may use federal grants to
meet this matching requirement;
(iv) In no case may the cumulative regional transportation investment district contribution to all projects constructed under this subsection (8)(c) exceed ten percent of the
revenues generated by the district;
(v) In no case may the cumulative regional transportation
investment district contribution to all projects constructed
under this subsection (8)(c) exceed one billion dollars; and
(vi) The specific projects are included within the plan
and submitted as part of the plan to a vote of the people.
(d) Except as otherwise provided in this subsection,
operations, preservation, and maintenance are excluded from
this definition and may not be included in a regional transportation investment plan. However, operations, preservation,
and maintenance of tolled facilities where toll revenues have
been pledged for the payment of contracts is expressly authorized and may be included in a regional transportation investment plan. The authority under this subsection includes operational expenses for toll enforcement.
[Title 36 RCW—page 330]
(e) Operational expenses for traffic mitigation provided
solely for transportation project construction mitigation
directly related to specific projects as outlined in the plan
shall be included in a regional transportation investment plan.
Construction mitigation strategies may include, but are not
limited to, funding for increased transit service hours, trip
reduction incentives, nonmotorized mode support, and ridematching services. Prior to construction of any project, corridor mitigation plans must be developed in conjunction with
the department and partner transit agencies, including local
transit agencies and the regional transit authority serving the
counties, with the following goals: (i) Reducing drive alone
trips in affected corridors; (ii) reducing delay per person and
delay per unit of goods in affected corridors; and (iii) improving levels of service that improve system performance for all
transportation users in affected corridors. The regional transportation commission established under section 2, chapter
311, Laws of 2006, or a successor regional governing entity,
shall review transit investments according to these performance measures to determine whether to continue funding
for successful and effective operations after the construction
period is completed.
(9) "Weighted vote" means a vote that reflects the population each board or planning committee member represents
relative to the population represented by the total membership of the board or planning committee. Population will be
determined using the federal 2000 census or subsequent federal census data. [2006 c 334 § 13; 2006 c 311 § 4; 2002 c 56
§ 102.]
Reviser’s note: This section was amended by 2006 c 311 § 4 and by
2006 c 334 § 13, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2006 c 334: See note following RCW 47.01.051.
Findings—2006 c 311: "The legislature finds that effective transportation planning in urbanized regions requires stronger and clearer lines of
responsibility and accountability.
The legislature further finds that integrated, multimodal transportation
planning will help reduce transportation congestion and improve safety, and
that streamlined decision making will help reduce political congestion.
The legislature further finds that coordinated planning of, investment
in, and operation of transportation systems will have significant benefit to
the citizens of Washington, and that it is the will of the people to fund
regional transportation solutions, including improving transit service in
urbanized areas and among existing, fragmented transit agencies in the
region. Although equity considerations must be respected, transportation
problems are broader and deeper than the sum of geographic subareas.
It is therefore the policy of the state of Washington to create a regional
transportation commission to develop a proposal for a regional transportation governing entity more directly accountable to the public, and to develop
a comprehensive regional transportation finance plan for the citizens of the
Puget Sound metropolitan region." [2006 c 311 § 1.]
36.120.030
36.120.030 Planning committee—Formation.
Regional transportation investment district planning committees are advisory entities that are created, convened, and
empowered as follows:
(1) A county with a population over one million five
hundred thousand persons and any adjoining counties with a
population over five hundred thousand persons may create a
regional transportation investment district and shall convene
a regional transportation investment district planning committee.
(2008 Ed.)
Regional Transportation Investment Districts
(a) The boundaries of the district should include at least
the contiguous areas within the regional transit authority
serving the counties. The boundaries must be proposed by
the planning committee and approved by the county legislative authorities by ordinance before or in conjunction with
approval of a regional transportation investment plan.
Boundaries must follow complete parcels of land. However,
any portion of a county that is located on a peninsula shall be
exempt from a regional transportation investment district in
which more than one county is included if (i) the portion of
the county located on the peninsula is connected to the other
portion of the county by a bridge improved under chapter
47.46 RCW, and (ii) the county has a national park and a population of more than five hundred thousand persons, but less
than one million five hundred thousand persons.
(b) After voters within the district boundaries have
approved a plan under RCW 36.120.070, elections to add
areas to the district boundaries may be called by a resolution
of the board, after consultation with the regional transportation planning organization and affected transit agencies and
with the concurrence of the legislative authority of the city or
town if the area is incorporated or with the concurrence of the
county legislative authority if the area is unincorporated. The
election may include a single ballot measure providing
annexation to the district, approval of the plan, and approval
of revenue sources necessary to finance the plan. The electorate are the voters voting within the proposed area to be
annexed. A simple majority of the persons voting on the single ballot measure is required for approval of the measure.
(2) The members of the legislative authorities participating in planning under this chapter shall serve as the district
planning committee. Members of the planning committee
receive no compensation, but may be reimbursed for travel
and incidental expenses as the planning committee deems
appropriate.
The secretary of transportation, or the appropriate
regional administrator of the department, as named by the
secretary, shall serve on the committee as a nonvoting member.
(3) A regional transportation investment district planning committee may be entitled to state funding, as appropriated by the legislature, for start-up funding to pay for salaries,
expenses, overhead, supplies, and similar expenses ordinarily
and necessarily incurred in selecting transportation projects
and funding for those transportation projects under this chapter. Upon creation of a regional transportation investment
district, the district shall within one year reimburse the state
for any sums advanced for these start-up costs from the state.
(4) The planning committee shall conduct its affairs and
formulate a regional transportation investment plan as provided under RCW 36.120.040, except that it shall elect an
executive board of seven members to discharge the duties of
the planning committee and formulate a regional transportation investment plan, subject to the approval of the full committee.
(5) At its first meeting, a regional transportation investment district planning committee may elect officers and provide for the adoption of rules and other operating procedures.
(6) Governance of and decisions by a regional transportation investment district planning committee must be by a
(2008 Ed.)
36.120.040
sixty-percent weighted majority vote of the total membership.
(7) The planning committee may dissolve itself at any
time by a two-thirds weighted majority vote of the total membership of the planning committee.
(8) If a multicounty regional transportation investment
district is not formed by December 1, 2007, through approval
by the voters voting on a regional transportation investment
plan, then the authority under this chapter to create a district,
and to fund and construct transportation projects, shall be
available to each of the eligible counties described in subsection (1) of this section on an individual and independent
basis. [2006 c 311 § 5; 2002 c 56 § 103.]
Findings—2006 c 311: See note following RCW 36.120.020.
36.120.040 Planning committee—Duties. (1) A
regional transportation investment district planning committee shall adopt a regional transportation investment plan providing for the development, construction, and financing of
transportation projects. The planning committee may consider the following factors in formulating its plan:
(a) Land use planning criteria;
(b) The input of cities located within a participating
county; and
(c) The input of regional transportation planning organizations of which a participating county is a member. A
regional transportation planning organization in which a participating county is located shall review its adopted regional
transportation plan and submit, for the planning committee’s
consideration, its list of transportation improvement priorities.
(2) The planning committee may coordinate its activities
with the department, which shall provide services, data, and
personnel to assist in this planning as desired by the planning
committee. In addition, the planning committee may coordinate its activities with affected cities, towns, and other local
governments, including any regional transit authority existing within the participating counties’ boundaries, that engage
in transportation planning.
(3) The planning committee shall:
(a) Conduct public meetings that are needed to assure
active public participation in the development of the plan;
(b) Adopt a plan proposing the:
(i) Creation of a regional transportation investment district, including district boundaries; and
(ii) Construction of transportation projects to improve
mobility within each county and within the region. Operations, maintenance, and preservation of facilities or systems
may not be part of the plan, except for the limited purposes
provided under RCW 36.120.020(8); and
(c) Recommend sources of revenue authorized by RCW
36.120.050 and a financing plan to fund selected transportation projects. The overall plan of the district must leverage
the district’s financial contributions so that the federal, state,
local, and other revenue sources continue to fund major congestion relief and transportation capacity improvement
projects in each county and the district. A combination of
local, state, and federal revenues may be necessary to pay for
transportation projects, and the planning committee shall
consider all of these revenue sources in developing a plan.
36.120.040
[Title 36 RCW—page 331]
36.120.045
Title 36 RCW: Counties
(4) The plan must use tax revenues and related debt for
projects that generally benefit a participating county in proportion to the general level of tax revenues generated within
that participating county. This equity principle applies to all
modifications to the plan, appropriation of contingency funds
not identified within the project estimate, and future phases
of the plan. Per agreement with a regional transit authority
serving the counties participating in a district, the equity principle identified under this subsection may include using the
combined district and regional transit authority revenues generated within a participating county to determine the distribution that proportionally benefits the county. For purposes of
the transportation subarea equity principle established under
this subsection, a district may use the five subareas within a
regional transit authority’s boundaries as identified in an
authority’s system plan adopted in May 1996. During implementation of the plan, the board shall retain the flexibility to
manage distribution of revenues, debt, and project schedules
so that the district may effectively implement the plan. Nothing in this section should be interpreted to prevent the district
from pledging district-wide tax revenues for payment of any
contract or debt entered into under RCW 36.120.130.
(5) Before adopting the plan, the planning committee,
with assistance from the department, shall work with the lead
agency to develop accurate cost forecasts for transportation
projects. This project costing methodology must be integrated with revenue forecasts in developing the plan and
must at a minimum include estimated project costs in constant dollars as well as year of expenditure dollars, the range
of project costs reflected by the level of project design,
project contingencies, identification of mitigation costs, the
range of revenue forecasts, and project and plan cash flow
and bond analysis. The plan submitted to the voters must
provide cost estimates for each project, including reasonable
contingency costs. Plans submitted to the voters must provide that the maximum amount possible of the funds raised
will be used to fund projects in the plan, including environmental improvements and mitigation, and that administrative
costs be minimized. If actual revenue exceeds actual plan
costs, the excess revenues must be used to retire any outstanding debt associated with the plan.
(6) If a county opts not to adopt the plan or participate in
the regional transportation investment district, but two or
more contiguous counties do choose to continue to participate, then the planning committee may, within ninety days,
redefine the regional transportation investment plan and the
ballot measure to be submitted to the people to reflect elimination of the county, and submit the redefined plan to the legislative authorities of the remaining counties for their decision as to whether to continue to adopt the redefined plan and
participate. This action must be completed within sixty days
after receipt of the redefined plan.
(7) Once adopted by the planning committee, the plan
must be forwarded to the participating county legislative
authorities to initiate the election process under RCW
36.120.070. The planning committee shall at the same time
provide notice to each city and town within the district, the
governor, the chairs of the transportation committees of the
legislature, the secretary of transportation, and each legislator
whose legislative district is partially or wholly within the
boundaries of the district.
[Title 36 RCW—page 332]
(8) If the ballot measure is not approved, the planning
committee may redefine the selected transportation projects,
financing plan, and the ballot measure. The county legislative authorities may approve the new plan and ballot measure, and may then submit the revised proposition to the voters at the next election or a special election. If no ballot measure is approved by the voters by the third vote, the planning
committee is dissolved. [2006 c 311 § 6; 2003 c 194 § 1;
2002 c 56 § 104.]
Findings—2006 c 311: See note following RCW 36.120.020.
36.120.045 Planning committee—State route No. 520
improvements. The planning committee must develop and
include in the regional transportation investment plan a funding proposal for the state route number 520 bridge replacement and HOV project that assures full project funding for
seismic safety and corridor connectivity on state route number 520 between Interstate 5 and Interstate 405. [2006 c 311
§ 7.]
36.120.045
Findings—2006 c 311: See note following RCW 36.120.020.
36.120.050 Planning committee—Taxes, fees, and
tolls. (1) A regional transportation investment district planning committee may, as part of a regional transportation
investment plan, recommend the imposition or authorization
of some or all of the following revenue sources, which a
regional transportation investment district may impose or
authorize upon approval of the voters as provided in this
chapter:
(a) A regional sales and use tax, as specified in RCW
82.14.430, of up to 0.1 percent of the selling price, in the case
of a sales tax, or value of the article used, in the case of a use
tax, upon the occurrence of any taxable event in the regional
transportation investment district;
(b) A local option vehicle license fee, as specified under
RCW 82.80.100, of up to one hundred dollars per vehicle
registered in the district. As used in this subsection, "vehicle"
means motor vehicle as defined in RCW 46.04.320. Certain
classes of vehicles, as defined under chapter 46.04 RCW,
may be exempted from this fee;
(c) A parking tax under RCW 82.80.030;
(d) A local motor vehicle excise tax under RCW
81.100.060;
(e) A local option fuel tax under RCW 82.80.120;
(f) An employer excise tax under RCW 81.100.030; and
(g) Vehicle tolls on new or reconstructed local or
regional arterials or state routes within the boundaries of the
district, if the following conditions are met:
(i) Consistent with RCW 47.56.820, the vehicle toll must
first be authorized by the legislature if the toll is imposed on
a state route;
(ii) Consistent with RCW 47.56.850, the vehicle toll,
including any change in an existing toll rate, must first be
reviewed and approved by the tolling authority designated in
RCW 47.56.850 if the toll, or change in toll rate, would have
a significant impact, as determined by the tolling authority,
on the operation of any state facility;
(iii) The regional transportation investment plan must
identify the facilities that may be tolled; and
36.120.050
(2008 Ed.)
Regional Transportation Investment Districts
(iv) Unless otherwise specified by law, the department
shall administer the collection of vehicle tolls on designated
facilities, and the state transportation commission, or its successor, shall be the tolling authority, and shall act in accordance with RCW 47.56.850.
(2) Taxes, fees, and tolls may not be imposed or authorized without an affirmative vote of the majority of the voters
within the boundaries of the district voting on a ballot proposition as set forth in RCW 36.120.070. Revenues from these
taxes and fees may be used only to implement the plan as set
forth in this chapter. A district may contract with the state
department of revenue or other appropriate entities for
administration and collection of any of the taxes or fees
authorized in this section.
(3) Existing statewide motor vehicle fuel and special fuel
taxes, at the distribution rates in effect on January 1, 2001, are
not intended to be altered by this chapter. [2008 c 122 § 16;
2006 c 311 § 13; 2003 c 350 § 4; 2002 c 56 § 105.]
Findings—2006 c 311: See note following RCW 36.120.020.
36.120.060 Project selection—Performance criteria.
(1) The planning committee shall consider the following criteria for selecting transportation projects to improve corridor
performance:
(a) Reduced level of congestion and improved safety;
(b) Improved travel time;
(c) Improved air quality;
(d) Increases in daily and peak period person and vehicle
trip capacity;
(e) Reductions in person and vehicle delay;
(f) Improved freight mobility; and
(g) Cost-effectiveness of the investment.
(2) These criteria represent only minimum standards that
must be considered in selecting transportation improvement
projects. The board shall also consider rules and standards for
benchmarks adopted by the transportation commission or its
successor. [2002 c 56 § 106.]
36.120.060
36.120.070 Submission of ballot propositions to the
voters. (1) Beginning no sooner than the 2007 general election, two or more contiguous county legislative authorities, or
a single county legislative authority as provided under RCW
36.120.030(8), upon receipt of the regional transportation
investment plan under RCW 36.120.040, may submit to the
voters of the proposed district a single ballot proposition that
approves formation of the district, approves the regional
transportation investment plan, and approves the revenue
sources necessary to finance the plan. For a county to participate in the plan, the county legislative authority shall, within
ninety days after receiving the plan, adopt an ordinance indicating the county’s participation. The planning committee
may draft the ballot proposition on behalf of the county legislative authorities, and the county legislative authorities may
give notice as required by law for ballot propositions, and
perform other duties as required to submit the proposition to
the voters of the proposed district for their approval or rejection. Counties may negotiate interlocal agreements necessary to implement the plan. The electorate will be the voters
voting within the boundaries of the proposed district. A sim36.120.070
(2008 Ed.)
36.120.070
ple majority of the total persons voting on the single ballot
proposition is required for approval.
(2) The participating counties shall submit a regional
transportation investment plan at the 2007 general election as
part of a single ballot proposition that includes, in conjunction with RCW 81.112.030(10), a plan to support an authority’s system and financing plan, or additional implementation
phases of the system and financing plan, developed under
chapter 81.112 RCW. The regional transportation investment plan shall not be considered approved unless both a
majority of the persons voting on the proposition residing in
the proposed district vote in favor of the proposition and a
majority of the persons voting on the proposition residing
within the regional transit authority vote in favor of the proposition. [2007 c 509 § 2; 2006 c 311 § 8; 2002 c 56 § 107.]
Findings—Intent—2007 c 509: "The legislature finds that traffic congestion reduces personal and freight mobility and is detrimental to the economy, air quality, and the quality of life throughout the central Puget Sound
area. Effective transportation solutions are essential for the future growth
and development of the central Puget Sound area and the welfare of its citizens.
The legislature further finds that investments in both transit and road
improvements are necessary to relieve traffic congestion and to improve
mobility. The transportation improvements proposed by regional transportation investment districts and regional transit authorities within the central
Puget Sound region form integral parts of, and are naturally and necessarily
related to, a single regional transportation system. The construction of road
and transit projects in a comprehensive and interrelated manner will help
reduce transportation congestion, increase road capacity, promote safety,
facilitate mobility, and improve the health, welfare, and safety of the citizens
of Washington.
The legislature further finds that under RCW 81.112.030 and
*36.120.170 regional transportation investment districts and regional transit
authorities are required to submit to the voters propositions for their respective transportation plans on the same ballot at the 2007 general election and
that the opportunity to propose a single ballot reflecting a comprehensive,
systemic, and interrelated approach to regional transportation would further
the legislative intent and provide voters with an easier and more efficient
method of expressing their will.
It is therefore the policy and intent of the state of Washington that
transportation plans required to be submitted for voter approval at the 2007
general election by a regional transportation investment district and a
regional transit authority must be submitted to voters in single ballot question seeking approval of both plans." [2007 c 509 § 1.]
*Reviser’s note: Reference to RCW 36.120.170 appears to be erroneous. The correct reference should be to RCW 36.120.070.
Constitutional challenges—Expedited appeals—2007 c 509: "Any
legal challenges as to the constitutionality of this act must be filed in superior
court along with any supporting legal and factual authority within twenty
calendar days of May 15, 2007. Notice of a challenge along with any supporting legal and factual authority must be served upon the secretary of state,
the attorney general, the district, and the authority. Upon the filing of a challenge, the state, district, and authority have ten calendar days to file any
response to the challenge along with any supporting legal and factual authority. The court shall accord priority to hearing the matter and shall, within
five calendar days of the filing of the response to the challenge, render its
decision and file with the secretary of state a copy of its decision. The decision of the superior court constitutes a final judgment. Any appeal must be
filed in the supreme court within ten calendar days after the date of the superior court decision. The supreme court shall issue its ruling on the appeal
within thirty days of receipt by the court." [2007 c 509 § 5.]
Severability—2007 c 509: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2007 c 509 § 6.]
Effective date—2007 c 509: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 15, 2007]." [2007 c 509 § 7.]
Findings—2006 c 311: See note following RCW 36.120.020.
[Title 36 RCW—page 333]
36.120.080
Title 36 RCW: Counties
36.120.080 Formation—Certification. If the voters
approve the plan, including creation of a regional transportation investment district and imposition of taxes and fees, the
district will be declared formed. The county election officials
of participating counties shall, within fifteen days of the final
certification of the election results, publish a notice in a
newspaper or newspapers of general circulation in the district
declaring the district formed, and mail copies of the notice to
the governor, the secretary of transportation, the executive
director of the regional transit authority in which any part of
the district is located, and the executive director of the
regional transportation planning organization in which any
part of the district is located. A party challenging the procedure or the formation of a voter-approved district must file
the challenge in writing by serving the prosecuting attorney
of the participating counties and the attorney general within
thirty days after the final certification of the election. Failure
to challenge within that time forever bars further challenge of
the district’s valid formation. [2006 c 311 § 10; 2002 c 56 §
108.]
36.120.080
Findings—2006 c 311: See note following RCW 36.120.020.
36.120.090 Governing board—Composition. (1) The
governing board of a district consists of the members of the
legislative authority of each member county, acting ex officio
and independently. The secretary of transportation or the
appropriate regional administrator of the department, as
named by the secretary, shall also serve as a nonvoting member of the board. The governing board may elect an executive
board of seven members to discharge the duties of the governing board subject to the approval of the full governing
board.
(2) A sixty-percent majority of the weighted votes of the
total board membership is required to submit to the counties
a modified plan under RCW 36.120.140 or any other proposal to be submitted to the voters. The counties may, with
majority vote of each county legislative authority, submit a
modified plan or proposal to the voters. [2002 c 56 § 109.]
36.120.090
36.120.100 Governing board—Organization. The
board shall adopt rules for the conduct of business. The board
shall adopt bylaws to govern district affairs, which may
include:
(1) The time and place of regular meetings;
(2) Rules for calling special meetings;
(3) The method of keeping records of proceedings and
official acts;
(4) Procedures for the safekeeping and disbursement of
funds; and
(5) Any other provisions the board finds necessary to
include. [2002 c 56 § 110.]
36.120.100
36.120.110 Governing board—Powers and duties—
Intent. (1) The governing board of the district is responsible
for the execution of the voter-approved plan. The board
shall:
(a) Impose taxes and fees authorized by district voters;
(b) Enter into agreements with state, local, and regional
agencies and departments as necessary to accomplish district
36.120.110
[Title 36 RCW—page 334]
purposes and protect the district’s investment in transportation projects;
(c) Accept gifts, grants, or other contributions of funds
that will support the purposes and programs of the district;
(d) Monitor and audit the progress and execution of
transportation projects to protect the investment of the public
and annually make public its findings;
(e) Pay for services and enter into leases and contracts,
including professional service contracts;
(f) Hire no more than ten employees, including a director
or executive officer, a treasurer or financial officer, a project
manager or engineer, a project permit coordinator, and clerical staff; and
(g) Coordinate its activities with affected cities, towns,
and other local governments, including any regional transit
authority existing either partially or entirely within the district area, that engage in transportation planning; and
(h) Exercise other powers and duties as may be reasonable to carry out the purposes of the district.
(2) It is the intent of the legislature that existing staff
resources of lead agencies be used in implementing this chapter. A district may coordinate its activities with the department, which shall provide services, data, and personnel to
assist as desired by the regional transportation investment
district. Lead agencies for transportation projects that are not
state facilities shall also provide staff support for the board.
(3) A district may not acquire, hold, or dispose of real
property.
(4) Except for the limited purposes provided under RCW
36.120.020(8), a district may not own, operate, or maintain
an ongoing facility, road, or transportation system.
(5) A district may accept and expend or use gifts, grants,
or donations.
(6) It is the intent of the legislature that administrative
and overhead costs of a regional transportation investment
district be minimized. For transportation projects costing up
to fifty million dollars, administrative and overhead costs
may not exceed three percent of the total construction and
design project costs per year. For transportation projects
costing more than fifty million dollars, administrative and
overhead costs may not exceed three percent of the first fifty
million dollars in costs, plus an additional one-tenth of one
percent of each additional dollar above fifty million. These
limitations apply only to the district, and do not limit the
administration or expenditures of the department.
(7) A district may use the design-build procedure for
transportation projects developed by it. As used in this section "design-build procedure" means a method of contracting
under which the district contracts with another party for that
party to both design and build the structures, facilities, and
other items specified in the contract. The requirements and
limitations of RCW 47.20.780 and 47.20.785 do not apply to
the transportation projects under this chapter. [2006 c 311 §
11; 2002 c 56 § 111.]
Findings—2006 c 311: See note following RCW 36.120.020.
36.120.120 Treasurer. The regional transportation
investment district, by resolution, shall designate a person
having experience in financial or fiscal matters as treasurer of
the district. The district may designate the treasurer of a
36.120.120
(2008 Ed.)
Regional Transportation Investment Districts
county within which the district is located to act as its treasurer. Such a treasurer has all of the powers, responsibilities,
and duties the county treasurer has related to investing surplus funds. The district shall require a bond with a surety
company authorized to do business in this state in an amount
and under the terms and conditions the district, by resolution,
from time to time finds will protect the district against loss.
The district shall pay the premium on the bond.
In addition to the account established in RCW
36.120.200, the treasurer may establish a special account,
into which may be paid district funds. The treasurer may disburse district funds only on warrants issued by the district
upon orders or vouchers approved by the district.
If the treasurer of the district is the treasurer of a county,
all district funds must be deposited with a county depositary
under the same restrictions, contracts, and security as provided for county depositaries. If the treasurer of the district is
some other person, all funds must be deposited in a bank or
banks authorized to do business in this state qualified for
insured deposits under any federal deposit insurance act as
the district, by resolution, designates.
The district may provide and require a reasonable bond
of any other person handling moneys or securities of the district, but the district shall pay the premium on the bond.
[2002 c 56 § 112.]
36.120.130 Indebtedness—Bonds—Limitation.
(1)(a) Notwithstanding RCW 39.36.020(1), the district may
at any time contract indebtedness or borrow money for district purposes and may issue general obligation bonds or
other evidences of indebtedness, secured by the pledge of one
or more of the taxes, tolls, charges, or fees authorized to be
imposed by the district, in an amount not exceeding, together
with any existing indebtedness of the district not authorized
by the voters, one and one-half percent of the value of the taxable property within the boundaries of the district.
(b) With the assent of three-fifths of the voters voting at
an election, a district may contract indebtedness or borrow
money for district purposes and may issue general obligation
bonds or other evidences of indebtedness as long as the total
indebtedness of the district does not exceed five percent of
the value of the taxable property within the district, including
indebtedness authorized under (a) of this subsection. The
bonds shall be issued and sold in accordance with chapter
39.46 RCW.
(2) The district may at any time issue revenue bonds or
other evidences of indebtedness, secured by the pledge of one
or more of the revenues authorized to be collected by the district, to provide funds to carry out its authorized functions
without submitting the matter to the voters of the district.
These obligations shall be issued and sold in accordance with
chapter 39.46 RCW.
(3) The district may enter into agreements with the lead
agencies or the state of Washington, when authorized by the
plan, to pledge taxes or other revenues of the district for the
purpose of paying in part or whole principal and interest on
bonds issued by the lead agency or the state of Washington.
The agreements pledging revenues and taxes shall be binding
for their terms, but not to exceed thirty years, and no tax
pledged by an agreement may be eliminated or modified if it
would impair the pledge made in any agreement.
36.120.130
(2008 Ed.)
36.120.140
(4) Once construction of projects in the plan has been
completed, revenues collected by the district may only be
used for the following purposes: (a) Payment of principal
and interest on outstanding indebtedness of the district; (b) to
make payments required under a pledging agreement; and (c)
to make payments for maintenance and operations of toll
facilities as may be required by toll bond covenants. [2003 c
372 § 1; 2002 c 56 § 113.]
36.120.140 Transportation project or plan modification—Accountability. (1) The board may modify the plan to
change transportation projects or revenue sources if:
(a) Two or more participating counties adopt a resolution
to modify the plan; and
(b) The counties submit to the voters in the district a ballot measure that redefines the scope of the plan, its projects,
its schedule, its costs, or the revenue sources. If the voters
fail to approve the redefined plan, the district shall continue
to work on and complete the plan, and the projects in it, that
was originally approved by the voters. If the voters approve
the redefined plan, the district shall work on and complete the
projects under the redefined plan.
(2) The board may modify the plan to change transportation projects within a participating county if:
(a) A majority of the board approves the change;
(b) The modifications are limited to projects within the
county;
(c) The county submits to the voters in the county a ballot measure that redefines:
(i) Projects;
(ii) Scopes of projects; or
(iii) Costs; and
(iv) The financial plan for the county;
(d) The proposed modifications maintain the equity of
the plan and does [do] not increase the total level of plan
expenditure for the county.
If the voters fail to approve the modified plan, the district
shall continue to work on and complete the plan, and the
projects in it, that was originally approved by the voters. If
the voters approve the redefined plan, the district shall work
on and complete the projects under the redefined plan.
(3) If a transportation project cost exceeds its original
cost by more than twenty percent as identified in the plan:
(a) The board shall, in coordination with the county legislative authorities, submit to the voters in the district or
county a ballot measure that redefines the scope of the transportation project, its schedule, or its costs. If the voters fail to
approve the redefined transportation project, the district shall
terminate work on that transportation project, except that the
district may take reasonable steps to use, preserve, or connect
any improvement already constructed. The remainder of any
funds that would otherwise have been expended on the terminated transportation project must first be used to retire any
outstanding debt attributable to the plan and then may be used
to implement the remainder of the plan.
(b) Alternatively, upon adoption of a resolution by two
or more participating counties:
(i) The counties shall submit to the voters in the district a
ballot measure that redefines the scope of the plan, its transportation projects, its schedule, or its costs. If the voters fail
to approve the redefined plan, the district shall terminate
36.120.140
[Title 36 RCW—page 335]
36.120.150
Title 36 RCW: Counties
work on that plan, except that the district may take reasonable
steps to use, preserve, or connect any improvement already
constructed. The remainder of any funds must be used to
retire any outstanding debt attributable to the plan; or
(ii) The counties may elect to have the district continue
the transportation project without submitting an additional
ballot proposal to the voters.
(4) To assure accountability to the public for the timely
construction of the transportation improvement project or
projects within cost projections, the district shall issue a
report, at least annually, to the public and copies of the report
to newspapers of record in the district. In the report, the district shall indicate the status of transportation project costs,
transportation project expenditures, revenues, and construction schedules. The report may also include progress towards
meeting the performance criteria provided under this chapter.
[2003 c 194 § 2; 2002 c 56 § 114.]
36.120.150 Department of transportation—Role. (1)
The department shall designate an office or division of dedicated staff and services whose primary responsibility is to
coordinate the design, preliminary engineering, permitting,
financing, and construction of transportation projects under
consideration by a regional transportation investment district
planning committee or that are part of a regional transportation investment plan being implemented by a regional transportation investment district.
(2) All of the powers granted the department under Title
47 RCW relating to highway construction may, at the request
of a regional transportation investment district, be used to
implement a regional transportation investment plan and construct transportation projects. [2002 c 56 § 115.]
36.120.150
36.120.160 Ownership of improvements. Any
improvement to a state facility constructed under this chapter
becomes and remains the property of this state. [2002 c 56 §
116.]
36.120.160
36.120.170 Dissolution of district. Within thirty days
of the completion of the construction of the transportation
project or series of projects forming the regional transportation investment plan, the district shall terminate day-to-day
operations and exist solely as a limited entity that oversees
the collection of revenue and the payment of debt service or
financing still in effect, if any. The district shall accordingly
adjust downward its employees, administration, and overhead expenses. Any taxes, fees, or tolls imposed under an
approved plan terminate when the financing or debt service
on the transportation project or series of transportation
projects constructed is completed and paid, thirty days from
which point the district shall dissolve itself and cease to exist.
If there is no debt outstanding, then the district shall dissolve
within thirty days from completion of construction of the
transportation project or series of transportation projects
forming the regional transportation investment plan. Notice
of dissolution must be published in newspapers of general
circulation within the district at least three times in a period
of thirty days. Creditors must file claims for payment of
claims due within thirty days of the last published notice or
the claim is extinguished. [2002 c 56 § 117.]
36.120.170
[Title 36 RCW—page 336]
36.120.180 Findings—Regional models—Grants.
The legislature finds that regional solutions to the state’s
transportation needs are of paramount concern. The legislature further recognizes that different areas of the state will
need the flexibility to fashion local solutions to their transportation problems, and that regional transportation systems
may evolve over time. Areas of the state outside of King,
Snohomish, and Pierce counties are eligible for grants from
the state of no more than two hundred thousand dollars each
to study and develop regional transportation models. Regions
receiving these grants shall:
(1) Develop a model that can be used within their region
to select, fund, and administer regional transportation solutions;
(2) Adopt a county resolution approving the model proposed;
(3) Form interlocal agreements among counties as
appropriate;
(4) Report to the transportation committees in the senate
and house of representatives, petitioning the legislature to
grant them authority to implement their proposed model.
[2002 c 56 § 118.]
36.120.180
36.120.190 Joint ballot measure. At the option of the
planning committee, and with the explicit approval of the
regional transit authority, the participating counties may
choose to impose any remaining high capacity transportation
taxes under chapter 81.104 RCW that have not otherwise
been used by a regional transit authority and submit to the
voters a common ballot measure that creates the district,
approves the regional transportation investment plan, implements the taxes, and implements any remaining high capacity
transportation taxes within the boundaries of the regional
transportation investment district. Collection and expenditures of any high capacity transportation taxes implemented
under this section must be determined by agreement between
the participating counties or district and the regional transit
authority electing to submit high capacity transportation
taxes to the voters under a common ballot measure as provided in this section. If the measure fails, all such unused
high capacity transportation taxes revert back to and remain
with the regional transit authority. A project constructed with
this funding is not considered a "transportation project" under
RCW 36.120.020. [2002 c 56 § 201.]
36.120.190
36.120.200 Regional transportation investment district account. The regional transportation investment district account is created in the custody of the state treasurer.
The purpose of this account is to act as an account into which
may be deposited state money, if any, that may be used in
conjunction with district money to fund transportation
projects. Additionally, the district may deposit funds into this
account for disbursement, as appropriate, on transportation
projects. Nothing in this section requires any state matching
money. All money deposited in the regional transportation
investment district account will be used for design, right-ofway acquisition, capital acquisition, and construction, or for
the payment of debt service associated with these activities,
for regionally funded transportation projects developed under
this chapter. Only the district may authorize expenditures
from the account. The account is subject to allotment proce36.120.200
(2008 Ed.)
Marine Resources Committees
dures under chapter 43.88 RCW. An appropriation is not
required for expenditures from this account. [2002 c 56 §
401.]
36.120.210 Advisory ballot for Alaskan Way viaduct
improvements—Preferred alternative for Alaskan Way
viaduct and Seattle Seawall improvements. (1) The most
populous city, within the three-county region eligible to create a regional transportation investment district under this
chapter, shall submit an advisory ballot to the city voters at
the 2006 general election regarding voter preference of the
tunnel and rebuild alternatives described in the environmental impact statement relative to the Alaskan Way viaduct
project. The results of the election shall be advisory only and
not binding regarding the final project to be constructed.
(2) In the alternative to the provisions of subsection (1)
of this section, following the report of the expert review
panel’s findings and recommendations completed under
RCW 47.01.400(4)(c), the city legislative authority shall hold
public hearings on the findings and recommendations. After
such time, and by November 1, 2006, the city legislative
authority shall adopt by ordinance a preferred alternative for
the Alaskan Way viaduct and Seattle Seawall replacement
project. The preferred alternative must, at a minimum, be
based on a substantial project mitigation plan and a comprehensive cost estimate review using the department’s cost estimate validation process. [2006 c 311 § 29.]
36.120.210
Findings—2006 c 311: See note following RCW 36.120.020.
36.120.900 Captions and subheadings not law—2002
c 56. Captions and subheadings used in this act are not part
of the law. [2002 c 56 § 501.]
36.120.900
36.120.901 Severability—2002 c 56. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2002 c 56 § 503.]
36.120.901
Chapter 36.125
Chapter 36.125 RCW
MARINE RESOURCES COMMITTEES
Sections
36.125.005
36.125.010
36.125.020
36.125.030
36.125.040
36.125.050
36.125.060
Findings—Intent.
Counties authorized to establish—Purpose—Role.
Administration—Members—Petition.
Regional coordinating entities.
Application to committees established under federal law.
Collaborative process for ocean policy development and
coastal area management.
Outer coast marine resources committee program—Annual
reports.
36.125.005 Findings—Intent. (1) The legislature finds
the challenge of developing realistic, effective, and efficient
solutions to the conservation and management issues facing
Puget Sound and Washington’s outer coast requires calling
on all available sources of knowledge and creative thinking
available in the collective wisdom of Washington’s citizens.
The legislature further finds that both Puget Sound and the
outer coast are dynamic and localized waterbodies with
unique local challenges and unique local solutions. As such,
36.125.005
(2008 Ed.)
36.125.010
it is essential for the future management of these ecosystems
that citizens, through their local government, have a voice
and an opportunity to share their dedication and interest in the
well-being of their community’s unique marine waters, while
providing a valuable contribution to the statewide efforts
aimed at restoring the outer coast and Puget Sound as a
whole.
(2) The legislature further finds that federally led efforts
to establish marine resources committees have proven to be
an exciting vehicle for involving local citizens and community leaders in the future discussions, decisions, and restoration commitments in the waters most important to the community. The existing model of using a community-based,
nonregulatory organization to examine issues particular to a
community’s corner of Puget Sound, applying for grants, and
thoroughly and fairly investigating available options and
solutions has proved to be a valuable asset to Puget Sound
and its communities, and is worthy of replication throughout
the Puget Sound basin and the outer coast.
(3) In this chapter, the legislature intends to establish a
structure on which interested local communities can harness
the dedication, creativity, and wisdom of their residents in the
form of marine resources committees. These committees are
intended to complement, and not compete with or undermine,
any other governmental efforts to restore and manage the
Puget Sound. The legislature further intends that the department of fish and wildlife should apply the lessons learned
from Puget Sound to work with county governments on the
outer coast to establish marine resources committees. [2007
c 344 § 1.]
36.125.010 Counties authorized to establish—Purpose—Role. (1)(a) The legislative authority for each county
that borders the marine waters of southern Puget Sound may
establish marine resources committees consistent with the
procedures outlined in RCW 36.125.020. Counties authorized to establish marine resources committees in the southern Puget Sound are: King, Pierce, Thurston, Kitsap, and
Mason counties.
(b) The legislative authority for each county bordering
the marine waters of the outer coast may develop a marine
resources committee consistent with the procedures outlined
in RCW 36.125.020. Counties authorized to establish marine
resources committees on the outer coast are: Pacific, Grays
Harbor, and Wahkiakum counties.
(c) Jefferson and Clallam counties may establish a new
marine resources committee or a subcommittee of the
county’s existing marine resources committee, consistent
with the procedures outlined in RCW 36.125.020, specifically to address the marine ecosystems for the outer coast or
Puget Sound, where appropriate.
(2) The mission of a marine resources committee created
under this section is to address, utilizing sound science, the
needs of the marine ecosystem local to the county initiating
the marine resources committee.
(3) A marine resources committee created under this section should review current data and resource conservation
and management programs and make prioritized recommendations for additional measures that might be necessary to
enhance protection of marine resources.
36.125.010
[Title 36 RCW—page 337]
36.125.020
Title 36 RCW: Counties
(4) The role of a marine resources committee in developing recommendations includes, but is not limited to:
(a) Utilizing existing data and, to the extent necessary,
helping to gather new data on the health of local marine
resources;
(b) Making scientifically based recommendations on
local candidate sites for marine protected areas;
(c) Working closely with local and state officials to help
implement recommendations of the marine resources committee;
(d) Promoting public outreach and education around
marine resource conservation and management issues; and
(e) Engaging in any other activities that the initiating
county deems appropriate. [2007 c 344 § 2.]
36.125.020 Administration—Members—Petition.
(1) A marine resources committee, as described in RCW
36.125.010, may be created by the legislative authority of any
county bordering the marine waters of the outer coast or
Puget Sound, in cooperation with all appropriate cities and
special districts within their boundaries. Adjacent county
legislative authorities shall coordinate their efforts whenever
there is a mutual interest in creating a marine resources committee.
(2) A county may delegate the management and oversight of a marine resources committee created by the county
under RCW 36.125.010 to a city, or cities, within its jurisdiction, if the city or cities are located on the marine waters of
the outer coast or southern Puget Sound and are willing to
accept the delegation.
(3)(a) Participating county legislative authorities must
select members of the marine resources committee, ensuring
balanced representation from: Local government; local residents; scientific experts; affected economic interests;
affected recreational interests; and environmental and conservation interests. Additionally, participating county legislative authorities must invite tribal representatives to participate in the marine resources committee.
(b) In lieu of creating a new entity, participating county
legislative authorities may designate a lead entity created
under RCW 77.85.050 to also serve as a marine resources
committee. County legislative authorities may only make
this designation where the lead entity consents in writing to
also serve as a marine resources committee.
(c) An initiating county may delegate its appointment
authority to a city or cities that have received from the county
the delegated responsibilities of managing and overseeing the
marine resources committee.
(4) County residents may petition the county legislative
authority to create a marine resources committee. Upon
receipt of a petition, the county legislative authority must
respond in writing within sixty days as to whether they will
authorize the creation of a marine resources committee as
well as the reasons for their decision. [2008 c 242 § 2; 2007
c 344 § 3.]
36.125.020
Findings—Intent—2008 c 242: "The legislature finds that Washington’s coastal and ocean resources provide vital economic, recreation, transportation, and cultural benefits to the state. The legislature seeks to continue
recent state and local efforts to preserve and enhance the state’s coastal and
ocean resources, such as the work of the Washington ocean policy work
group and the state’s existing marine resources committees.
The legislature finds that outer coast marine resources committees,
[Title 36 RCW—page 338]
authorized by the legislature in 2007, provide a mechanism for communities
to discuss and develop solutions for the issues facing coastal resources and
communities. However, additional state investments are necessary to allow
outer coast marine resources committees to fulfill their full potential. Therefore, the legislature intends by this act to provide additional support and
resources for outer coast marine resources committees in order to benefit the
coastal and ocean resources of Washington." [2008 c 242 § 1.]
36.125.030 Regional coordinating entities. (1) The
Puget Sound action team, or its successor organization, shall
serve as the regional coordinating entity for marine resources
committees created in the southern Puget Sound and the
department of fish and wildlife shall serve as the regional
coordinating entity for marine resources committees created
for the outer coast.
(2) The regional coordinating entity shall serve as a
resource to, at a minimum:
(a) Coordinate and pool grant applications and other
funding requests for marine resources committees;
(b) Coordinate communications and information among
marine resources committees;
(c) Assist marine resources committees to measure
themselves against regional performance benchmarks;
(d) Assist marine resources committees with coordinating local projects to complement regional priorities;
(e) Assist marine resources committees to interact with
and complement other marine resources committees, and
other similar groups, constituted under a different authority;
and
(f) Coordinate with the Northwest Straits commission on
issues common to marine resources committees statewide.
[2007 c 344 § 4.]
36.125.030
36.125.040 Application to committees established
under federal law. Nothing in RCW 36.125.010 or
36.125.020 is intended to expand or limit the authority of
local marine resources committees established under the
Northwest Straits marine conservation initiative by federal
act in San Juan, Whatcom, Skagit, Island, Snohomish, Clallam, and Jefferson counties and existing as of July 22, 2007.
[2007 c 344 § 5.]
36.125.040
36.125.050 Collaborative process for ocean policy
development and coastal area management. Outer coast
marine resources committees, in conjunction with their
regional coordinating entity, shall meet and consult with key
state, federal, local, and tribal governments, and private interest groups to develop a collaborative process to address
ocean policy issues. This collaborative process should use
Washington’s "Ocean Action Plan: Enhancing Management
of Washington State’s Ocean and Outer Coasts" developed
by the Washington ocean policy work group as a guide to
begin the work of developing and coordinating state and local
ocean policy and providing better management of Washington’s coastal areas. [2007 c 344 § 6.]
36.125.050
36.125.060 Outer coast marine resources committee
program—Annual reports. (1) The outer coast marine
resources committee program is created to provide support
for the development, administration, and coordination of
outer coast marine resources committees and their projects.
36.125.060
(2008 Ed.)
Construction
(2) The director of fish and wildlife is the administrator
of the outer coast marine resources committee program. As
the administrator of the program, the director of fish and
wildlife shall:
(a) Provide each outer coast marine resources committee
with a coordinator to support the administration and work of
the committee; and
(b) Distribute grants to outer coast marine resources
committees for projects that benefit Washington’s coastal
marine resources. The director of fish and wildlife shall
develop procedures and criteria for allocating funds for
projects, which may include annual allocation of funding to
each committee.
(3) Each outer coast marine resources committee shall
prepare and deliver an annual report to the director of fish and
wildlife by October 31st of each year. The report must
include, but is not limited to, a summary of actions taken that
year and prioritized recommendations for future action. The
director of fish and wildlife shall compile the individual outer
coast marine resources committee reports into a consolidated
report, and provide the consolidated report to the governor
and appropriate committees of the legislature by December
31st of each year. [2008 c 242 § 3.]
Findings—Intent—2008 c 242: See note following RCW 36.125.020.
Chapter 36.130 RCW
AFFORDABLE HOUSING DEVELOPMENTS
Chapter 36.130
Sections
36.130.005
36.130.010
36.130.020
Intent.
Definitions.
Restrictions on affordable housing development requirements—Preferential treatment—Requirements as conditions.
Reviser’s note: 2008 c 118 § 4 directed sections 2 and 3, chapter 118,
Laws of 2008 to be codified as a new chapter in Title 43 RCW. Sections 1
through 3, chapter 118, Laws of 2008 are now codified as a new chapter in
Title 36 RCW, which is more appropriate for provisions addressing local
government regulation of affordable housing.
36.130.005 Intent. It is the public policy of the state to
assist in making affordable housing available throughout the
state. The legislature recognizes that despite ongoing efforts
there is still a lack of affordable housing in many areas. The
legislature also recognizes that some local governments have
imposed development requirements on affordable housing
developments that are not generally imposed on other housing developments. The intent of this [the] legislature is to
prohibit discrimination against affordable housing developments. [2008 c 118 § 1.]
36.130.005
36.130.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Affordable housing development" means a housing
development in which at least twenty-five percent of the
dwelling units within the development are set aside for or are
occupied by low-income households at a sales price or rent
amount that is considered affordable by a federal, state, or
local government housing program.
(2) "Dwelling unit" means that part of a housing development that is used as a home, residence, or place to sleep by
36.130.010
(2008 Ed.)
36.900.010
one person or two or more persons maintaining a common
household.
(3) "Housing development" means a proposed or existing structure that is used as a home, residence, or place to
sleep by one or more persons including, but not limited to,
single-family residences, manufactured homes, multifamily
housing, group homes, and foster care facilities.
(4) "Low-income household" means a single person,
family, or unrelated persons living together whose adjusted
income is less than eighty percent of the median family
income, adjusted for household size, for the county where the
affordable housing development is located. [2008 c 118 § 2.]
36.130.020 Restrictions on affordable housing development requirements—Preferential treatment—
Requirements as conditions. (1) A city, county, or other
local governmental entity or agency may not adopt, impose,
or enforce requirements on an affordable housing development that are different than the requirements imposed on
housing developments generally.
(2) This section does not prohibit any city, county, or
other local governmental entity or agency from extending
preferential treatment to affordable housing developments
intended for including, but not limited to, occupancy by
homeless persons, farmworkers, persons with disabilities,
senior citizens, or low-income households. Preferential treatment may include, but is not limited to: A reduction or
waiver of fees or changes in applicable requirements including, without limitation, architectural requirements, site development requirements, property line requirements, building
setback requirements, or vehicle parking requirements; or
other treatment that reduces or is likely to reduce the development or operating costs of an affordable housing development.
(3) A city, county, or other local governmental entity or
agency may impose and enforce requirements on affordable
housing developments as conditions of loans, grants, financial support, tax benefits, subsidy funds, or sale or lease of
public property, or as conditions to eligibility for any affordable housing incentive program under RCW 36.70A.540 or
any other program involving bonus density, transfer of development rights, waiver of development regulations or fees, or
other development incentives. [2008 c 118 § 3.]
36.130.020
Chapter 36.900
Chapter 36.900 RCW
CONSTRUCTION
Sections
36.900.010
36.900.020
36.900.030
36.900.040
Continuation of existing law.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
Repeals and saving.
36.900.010 Continuation of existing law. The provisions of this title insofar as they are substantially the same as
statutory provisions repealed by this chapter, and relating to
the same subject matter, shall be construed as restatements
and continuations, and not as new enactments. [1963 c 4 §
36.98.010. Formerly RCW 36.98.010.]
36.900.010
[Title 36 RCW—page 339]
36.900.020
Title 36 RCW: Counties
36.900.020 Title, chapter, section headings not part
of law. Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any
part of the law. [1963 c 4 § 36.98.020. Formerly RCW
36.98.020.]
36.900.020
36.900.030 Invalidity of part of title not to affect
remainder. If any provision of this title, or its application to
any person or circumstance is held invalid, the remainder of
the title, or the application of the provision to other persons or
circumstances is not affected. [1963 c 4 § 36.98.030. Formerly RCW 36.98.030.]
36.900.030
Severability—1967 ex.s. c 144: "If any provision of this 1967 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances, shall not be affected." [1967 ex.s. c 144 § 21.]
36.900.040 Repeals and saving.
36.98.040.
36.900.040
[Title 36 RCW—page 340]
See 1963 c 4 §
(2008 Ed.)
Title 37
FEDERAL AREAS—INDIANS
Title 37
Chapters
37.04 General cession of jurisdiction.
37.08 Jurisdiction in special cases.
37.12 Indians and Indian lands—Jurisdiction.
37.14 Indian cultural facility bond issue.
37.16 Acquisition of lands for permanent military
installations.
Daylight saving time—Prohibition not applicable to federal areas: RCW
1.20.050.
Excise taxes—Extension of excises to federal areas: Chapter 82.52 RCW.
Federal employees classified as resident students: RCW 28B.15.014.
Federal forest reserve funds, distribution of: RCW 28A.520.010,
28A.520.020.
San Juan Island national historical park, donation of state lands: Chapter
94, Laws of 1967 (uncodified).
School districts—Agreements with other governmental entities for transportation of students or the public, or for other noncommon school purposes—Limitations: RCW 28A.160.120.
Chapter 37.04 RCW
GENERAL CESSION OF JURISDICTION
Chapter 37.04
Sections
37.04.010
37.04.020
37.04.030
37.04.040
37.04.050
Consent given to acquisition of land by United States.
Concurrent jurisdiction ceded—Reverter.
Reserved jurisdiction of state.
Previous cessions of jurisdiction saved.
Concurrent jurisdiction—Governor authorized to accept—
Procedures.
Authority of federal government over federal areas: State Constitution Art.
25.
Taxation of federal agencies and instrumentalities: State Constitution Art. 7
§ 3 (Amendment 19).
37.04.010 Consent given to acquisition of land by
United States. The consent of this state is hereby given to
the acquisition by the United States, or under its authority, by
purchase, lease, condemnation, or otherwise, of any land
acquired, or to be acquired, in this state by the United States,
from any individual, body politic or corporate, as sites for
forts, magazines, arsenals, dockyards, and other needful
buildings or for any other purpose whatsoever. The evidence
of title to such land shall be recorded as in other cases. [1939
c 126 § 1; RRS § 8108-1.]
37.04.010
37.04.020 Concurrent jurisdiction ceded—Reverter.
Concurrent jurisdiction with this state in and over any land so
acquired by the United States shall be, and the same is
hereby, ceded to the United States for all purposes for which
the land was acquired; but the jurisdiction so ceded shall continue no longer than the United States shall be the owner of
such lands, and if the purposes of any grant to or acquisition
by the United States shall cease, or the United States shall for
five consecutive years fail to use any such land for the purposes of the grant or acquisition, the jurisdiction hereby
37.04.020
(2008 Ed.)
ceded over the same shall cease and determine, and the right
and title thereto shall revest in this state. The jurisdiction
ceded shall not vest until the United States shall acquire title
of record to such land. [1939 c 126 § 2; RRS § 8108-2.]
37.04.030 Reserved jurisdiction of state. The state of
Washington hereby expressly reserves such jurisdiction and
authority over land acquired or to be acquired by the United
States as aforesaid as is not inconsistent with the jurisdiction
ceded to the United States by virtue of such acquisition.
[1939 c 126 § 3; RRS § 8108-3.]
37.04.030
37.04.040 Previous cessions of jurisdiction saved.
Sections 8108 and 8109, Remington’s Revised Statutes
[1891 pp 31, 32 §§ 1, 2], and all other acts and parts of acts
inconsistent with the provisions of this chapter are hereby
repealed: PROVIDED, That jurisdiction heretofore ceded to
the United States over any land within this state by any previous act of the legislature shall continue according to the terms
of the respective cessions: PROVIDED FURTHER, That if
jurisdiction so ceded by any previous act of the legislature
has not been affirmatively accepted by the United States, or if
the United States has failed or ceased to use any such land for
the purposes for which acquired, jurisdiction thereover shall
be governed by the provisions of this chapter. [1939 c 126 §
4; RRS § 8108-4.]
37.04.040
37.04.050 Concurrent jurisdiction—Governor
authorized to accept—Procedures. (1) Upon the filing of a
legally adequate notice with the governor by the secretary or
administrator of any agency of the United States of America
owning or having exclusive jurisdiction over certain property, the governor is authorized and directed to accept such
jurisdiction as is necessary to establish concurrent jurisdiction between the United States and the state of Washington
over the property as described in such notice and to the extent
and periods of time authorized in such notice. The acquisition
of such concurrent jurisdiction shall become effective upon
filing the documents signifying such acceptance in the office
of the secretary of state of the state of Washington.
(2) The authorization contained in subsection (1) of this
section shall not be exclusive, shall not affect any existing
jurisdiction or concurrent jurisdiction by the state over federal property, and shall be in addition to any other method or
methods of assuming jurisdiction or concurrent jurisdiction
over federal property. [1979 ex.s. c 49 § 1.]
37.04.050
Chapter 37.08
Chapter 37.08 RCW
JURISDICTION IN SPECIAL CASES
Sections
37.08.180
37.08.200
Jurisdiction ceded.
Rainier National Park.
[Title 37 RCW—page 1]
37.08.180
37.08.210
37.08.220
37.08.230
37.08.240
37.08.250
37.08.260
37.08.270
37.08.280
Title 37 RCW: Federal Areas—Indians
Olympic National Park.
National forests, establishment, consolidation, extension of.
Migratory bird preserves.
Lake Washington ship canal.
Additional right-of-way.
Auburn general depot.
Cession of jurisdiction.
Veterans hospitals.
37.08.180 Jurisdiction ceded. Jurisdiction ceded
when acquisition of land for permanent military installations,
see RCW 37.16.180.
37.08.180
37.08.200 Rainier National Park. Exclusive jurisdiction shall be, and the same is hereby ceded to the United
States over and within all the territory that is now or may
hereafter be included in that tract of land in the state of Washington, set aside for the purposes of a national park, and
known as the Rainier National Park; saving, however, to the
said state, the right to serve civil or criminal process within
the limits of the aforesaid park, in suits or prosecutions for or
on account of rights acquired, obligations incurred or crimes
committed in said state, but outside of said park; and saving
further to the said state the right to tax persons and corporations, their franchises and property on the lands included in
said park: PROVIDED, HOWEVER, This jurisdiction shall
not vest until the United States through the proper officer,
notifies the governor of this state that they assume police or
military jurisdiction over said park. [1901 c 92 § 1; RRS §
8110.]
37.08.200
37.08.210 Olympic National Park. Exclusive jurisdiction shall be, and the same is hereby ceded to the United
States over and within all the territory that is now or hereafter
included in that tract of land in the state of Washington, set
aside for the purposes of a national park, and known as the
Olympic National Park; saving, however, to the said state, the
right to serve civil and criminal process within the limits of
the aforesaid park, in suits or prosecutions for or on account
of rights acquired, obligations incurred or crimes committed
in said state, but outside of said park; and saving further to the
said state the right to tax persons and corporations, their franchises and property on the lands included in said park: PROVIDED, HOWEVER, This jurisdiction shall not vest until
the United States, through the proper officer, notifies the governor of this state that they assume police or military jurisdiction over said park: AND PROVIDED FURTHER, That full
jurisdiction over a strip of land two hundred fifty feet wide,
being one hundred twenty-five feet wide on each side of the
now existing center line of primary state highway No. 9
together with existing pit sites and stockpile sites within said
park shall be retained by the state of Washington. [1945 c
114 § 1; 1941 c 51 § 1; 1939 c 170 § 1; Rem. Supp. 1945 §
8110-1.]
37.08.210
37.08.220 National forests, establishment, consolidation, extension of. The legislature of the state of Washington
hereby consents to the acquisition by the United States by
purchase or gift of such lands in the state of Washington as in
the opinion of the government of the United States may be
needed for the establishment, consolidation and extension of
national forests in this state under the provisions of the act of
37.08.220
[Title 37 RCW—page 2]
congress approved March 1, 1911, and entitled: "An act to
enable any state to cooperate with any other state or states or
with the United States for the protection of the watersheds of
navigable streams and to appoint a commission for the acquisition of lands for the purpose of conserving the navigability
of navigable rivers," as amended: PROVIDED, The state of
Washington shall retain a concurrent jurisdiction with the
United States in and over lands so acquired so far that civil
processes in all cases, and such criminal processes as may
issue under the authority of the state of Washington against
any person charged with the commission of any crime without or within said jurisdiction, may be executed thereon in
like manner as if this consent had not been granted: PROVIDED FURTHER, That before any acquirement of lands be
made under the provisions of this section, such acquisition
shall be approved by the department of natural resources:
AND FURTHER PROVIDED, That the state of Washington
shall retain concurrent jurisdiction to tax persons and corporations and their property and transaction on such lands so
acquired. [1988 c 128 § 8; 1935 c 58 § 1; RRS § 9663-23.]
County may convey forest lands to United States: RCW 36.34.210.
37.08.230
37.08.230 Migratory bird preserves. Consent of the
state of Washington is given to the acquisition by the United
States by purchase, gift, devise, or lease of such areas of land
or water, or of land and water, in the state of Washington, as
the United States may deem necessary for the establishment
of migratory-bird reservations in accordance with the act of
congress approved February 18, 1929, entitled "An Act to
more effectively meet the obligations of the United States
under the migratory bird treaty with Great Britain by lessening the dangers threatening migratory game birds from drainage and other causes by the acquisition of areas of land and of
water to furnish in perpetuity reservations for the adequate
protection of such birds; and authorizing appropriations for
the establishment of such areas, their maintenance and
improvement and for other purposes," reserving, however, to
the state of Washington full and complete jurisdiction and
authority over all such areas not incompatible with the
administration, maintenance, protection, and control thereof
by the United States under the terms of said act of congress.
[1933 c 159 § 1; no RRS.]
37.08.240
37.08.240 Lake Washington ship canal. That in aid of
the construction, maintenance and operation of a ship canal,
by the United States of America, to connect the waters of
Lakes Union and Washington, in King county, with Puget
Sound, together with all necessary and convenient locks,
landways, spillways, buildings, power plant and other proper
appurtenances, there be and hereby is granted by this state to
said United States the right to place, construct, maintain, and
operate, such ship canal, landways, spillways, buildings,
power plant and other proper appurtenances, upon, along,
through and over any and all lands belonging to and waters of
this state in said King county, within such limits as shall be
defined by the plans and specifications for such improvement
as the same shall be approved by the United States secretary
of war, and the right to raise the waters of Salmon Bay and
the right to lower the waters of Lake Washington, in prosecution of such improvement, and this state hereby releases the
(2008 Ed.)
Jurisdiction in Special Cases
United States from all liability to damages to this state, its
successors or assigns, that shall or might arise from such lowering or raising of waters, or otherwise from such improvement. But nothing in this section contained shall operate as an
assumption of nor create any liability on the part of the state,
for any damages which may result to any person, company or
corporation. [1901 c 6 § 1; RRS § 8120.]
37.08.250
37.08.250 Additional right-of-way. That a
right-of-way of not exceeding five hundred feet in width is
hereby granted to the United States of America through any
lands or shorelands belonging to the state of Washington, or
to the University of Washington, and lying in King county
between Lakes Union and Washington, or in or adjoining
either of them, the southern boundary of such right-of-way on
the upland to be coincident with the southern boundary of the
lands now occupied by the University of Washington adjacent to the present right-of-way of said canal; the width and
definite location of such right-of-way before the same is
taken possession of by said United States shall be plainly and
completely platted and a plat thereof approved by the secretary of war of the United States filed with the department of
natural resources: PROVIDED, That nothing in this section
contained shall be construed to repeal or impair any right,
interest, privilege or grant expressed or intended in the act of
the legislature of the state of Washington approved February
8, 1901, entitled, "An Act relative to and in aid of the construction, maintenance and operation by the United States of
America of a ship canal with proper locks and appurtenances
to connect the waters of Lakes Union and Washington in
King county with Puget Sound and declaring an emergency."
[1988 c 128 § 9; 1907 c 216 § 1; RRS § 8121.]
37.08.260
37.08.260 Auburn general depot. Concurrent jurisdiction shall be, and the same is hereby ceded to the United
States over and within all the land comprising the Auburn
General Depot area, being 570.08 acres, more or less, situate
in King county, state of Washington; saving, however, to the
state the right to serve civil and criminal process within the
limits of the aforesaid area in suits or prosecutions for or on
account of rights acquired, obligations incurred or crimes
committed in said state, but outside of said area. The metes
and bounds description of the land over which jurisdiction is
ceded hereby is as follows:
A parcel of land in sections 24 and 25, Township 21
North, Range 4 East, Willamette Meridian, King County, as
follows: Beginning at a point on the west line of the Northern
Pacific Railway right-of-way which point is S 89°16’55" W,
423.65 feet and N 2°12’33" W, 20 feet from the southeast
corner of section 25, thence S 89°16’55" W, 1548.93 feet
along the north right-of-way line of Ellingson Road to a
point, thence N 0°10’45" E, 1298.11 feet to a point, thence S
89°31’28" W, 638.25 feet to the east right-of-way line of
Greenhalgh Road, thence N 0°08’47" E, 1351.31 feet along
said east right-of-way line to its intersection with the north
right-of-way line of Algona Road, thence S 89°46’07" W,
1724.35 feet along said north right-of-way line to a point on
the easterly right-of-way line of the Chicago, Milwaukee, St.
Paul and Pacific Railroad, thence N 0°04’38" W, 1223.74
feet along said right-of-way to a point of spiral curve, thence
(2008 Ed.)
37.08.280
along a spiral curve whose central angle is 1°36’14" and
whose long chord bears N 0°27’20" E, 158.51 feet, thence
along a circular curve to the right, whose radius bears S
88°28’24" E, 2822.01 feet, through a central angle of
21°16’24" for a distance of 1047.78 feet to a point of spiral,
thence along a spiral curve whose central angle is 1°36’14",
and whose long chord bears N 23°51’42" E, 158.51 feet,
thence N 24°24’15" E, 3088.12 feet to a point of spiral curve,
thence along a spiral whose central angle is 1°35’51", and
whose long chord bears N 23°51’55" E, 161.51 feet to point
of circular curve, thence along a circular curve, to the left,
whose radius bears N 67°11’36" W, 2908.01 feet, through a
central angle of 20°58’46" for a distance of 1064.80 feet,
thence along a spiral curve to the left, whose central angle is
1°35’51", and whose long chord bears N 0°45’10" E, 161.51
feet, thence N 0°13’47" E, 1148.81 feet to the centerline of
the Chicago, Milwaukee, St. Paul and Pacific Railroad and
Northern Pacific crossover track being a point in a curve,
thence along centerline of said crossover track on a curve to
the left in a southeasterly direction, from a radius which bears
N 63°36’26" E, 351.28 feet, through a central angle of
26°50’13" for a distance of 164.54 feet, thence S 53°13’47"
E, 1840.78 feet along said centerline, thence along a curve to
the right in a southeasterly direction, from a radius which
bears S 36°46’13" W, 386.60 feet, through a central angle of
10°26’06" for a distance of 70.41 feet to the intersection of
the westerly right-of-way line of county road No. 76, thence
*S 2°12’33" E, 6596.21 feet along the westerly right-of-way
line of county road No. 76 to the East-West centerline of said
section 25, thence N 89°46’02" E, 60.04 feet to the westerly
right-of-way line of the Northern Pacific Railway Company,
thence S 2°12’33" E, 2605.01 feet to point of beginning. The
jurisdiction ceded hereby does not extend to any existing
perimeter railroad or county road right-of-way. [1951 c 40 §
1.]
*Reviser’s note: In the third from the last course, the "2" in the description "S 2°12’33" E" was by typographical error omitted from the session
laws. The digit is inserted by the reviser after verification from original
sources.
37.08.270 Cession of jurisdiction. Cession of jurisdiction, lease or conveyances to United States for flood control, navigation and allied purposes, see RCW 36.34.22036.34.240.
37.08.270
37.08.280 Veterans hospitals. Upon the filing of an
appropriate notice thereof with the governor by the administrator of veterans affairs, an agency of the United States of
America, pursuant to the provisions of section 302 of Public
Law 93-82 (87 Stat. 195; 38 U.S.C. Sec. 5007), the governor
is hereby authorized and directed to accept such legislative
jurisdiction as is necessary to establish concurrent jurisdiction between the United States and the state of Washington to
all land comprising the veterans hospital located at Vancouver in Clark county, Washington; the veterans administration
hospital located at Walla Walla in Walla Walla county,
Washington, and the veterans administration hospital located
at American Lake in Pierce county, Washington. The acquisition of such concurrent jurisdiction shall become effective
upon filing the documents signifying such acceptance in the
office of the secretary of state. [1975 1st ex.s. c 142 § 1.]
37.08.280
[Title 37 RCW—page 3]
Chapter 37.12
Title 37 RCW: Federal Areas—Indians
Chapter 37.12 RCW
INDIANS AND INDIAN LANDS—JURISDICTION
Chapter 37.12
Sections
37.12.010
37.12.021
37.12.030
37.12.040
37.12.050
37.12.060
37.12.070
37.12.100
37.12.110
37.12.120
37.12.130
37.12.140
37.12.150
Assumption of criminal and civil jurisdiction by state.
Assumption of criminal and civil jurisdiction by state—Resolution of request—Proclamation by governor, 1963 act.
Effective date for assumption of jurisdiction—Criminal
causes.
Effective date for assumption of jurisdiction—Civil causes.
State’s jurisdiction limited by federal law.
Chapter limited in application.
Tribal ordinances, customs, not inconsistent with law applicable in civil causes.
Quileute, Chehalis, Swinomish, Skokomish, Muckleshoot,
Tulalip, and Colville Indian reservations—Retrocession of
criminal jurisdiction—Intent.
Quileute, Chehalis, Swinomish, Skokomish, Muckleshoot,
Tulalip, and Colville Indian reservations—Retrocession of
criminal jurisdiction—Definitions.
Quileute, Chehalis, Swinomish, Skokomish, Muckleshoot,
Tulalip, and Colville Indian reservations—Retrocession of
criminal jurisdiction—Proclamation by governor.
Quileute, Chehalis, Swinomish, and Colville Indian reservations—Retrocession of criminal jurisdiction—Savings.
Quileute, Chehalis, Swinomish, and Colville Indian reservations—Retrocession of criminal jurisdiction—Short title.
Retrocession of federal jurisdiction over lands excluded from
Olympic National Park.
Alienation of land by Indians: Chapter 64.20 RCW.
Annexation of federal areas by first-class city: RCW 35.13.185.
Compact with the United States: State Constitution Art. 26 § 2.
Daylight saving time—Prohibition not applicable to federal areas: RCW
1.20.050.
37.12.021 Assumption of criminal and civil jurisdiction by state—Resolution of request—Proclamation by
governor, 1963 act. Whenever the governor of this state
shall receive from the majority of any tribe or the tribal council or other governing body, duly recognized by the Bureau of
Indian Affairs, of any Indian tribe, community, band or group
in this state a resolution expressing its desire that its people
and lands be subject to the criminal or civil jurisdiction of the
state of Washington to the full extent authorized by federal
law, he shall issue within sixty days a proclamation to the
effect that such jurisdiction shall apply to all Indians and all
Indian territory, reservations, country, and lands of the Indian
body involved to the same extent that this state exercises civil
and criminal jurisdiction or both elsewhere within the state:
PROVIDED, That jurisdiction assumed pursuant to this section shall nevertheless be subject to the limitations set forth in
RCW 37.12.060. [1963 c 36 § 5.]
37.12.021
37.12.030 Effective date for assumption of jurisdiction—Criminal causes. Upon March 13, 1963 the state of
Washington shall assume jurisdiction over offenses as set
forth in RCW 37.12.010 committed by or against Indians in
the lands prescribed in RCW 37.12.010 to the same extent
that this state has jurisdiction over offenses committed elsewhere within this state, and such criminal laws of this state
shall have the same force and effect within such lands as they
have elsewhere within this state. [1963 c 36 § 2; 1957 c 240
§ 3.]
37.12.030
Qualifications of voters: State Constitution Art. 6 § 1 (Amendment 63).
37.12.040 Effective date for assumption of jurisdiction—Civil causes. Upon March 13, 1963 the state of Washington shall assume jurisdiction over civil causes of action as
set forth in RCW 37.12.010 between Indians or to which
Indians are parties which arise in the lands prescribed in
RCW 37.12.010 to the same extent that this state has jurisdiction over other civil causes of action and, except as otherwise
provided in this chapter, those civil laws of this state that are
of general application to private persons or private property
shall have the same force and effect within such lands as they
have elsewhere within this state. [1963 c 36 § 3; 1957 c 240
§ 4.]
37.12.040
37.12.010 Assumption of criminal and civil jurisdiction by state. The state of Washington hereby obligates and
binds itself to assume criminal and civil jurisdiction over
Indians and Indian territory, reservations, country, and lands
within this state in accordance with the consent of the United
States given by the act of August 15, 1953 (Public Law 280,
83rd Congress, 1st Session), but such assumption of jurisdiction shall not apply to Indians when on their tribal lands or
allotted lands within an established Indian reservation and
held in trust by the United States or subject to a restriction
against alienation imposed by the United States, unless the
provisions of RCW 37.12.021 have been invoked, except for
the following:
(1) Compulsory school attendance;
(2) Public assistance;
(3) Domestic relations;
(4) Mental illness;
(5) Juvenile delinquency;
(6) Adoption proceedings;
(7) Dependent children; and
(8) Operation of motor vehicles upon the public streets,
alleys, roads and highways: PROVIDED FURTHER, That
Indian tribes that petitioned for, were granted and became
subject to state jurisdiction pursuant to this chapter on or
before March 13, 1963 shall remain subject to state civil and
criminal jurisdiction as if *chapter 36, Laws of 1963 had not
been enacted. [1963 c 36 § 1; 1957 c 240 § 1.]
37.12.010
*Reviser’s note: Chapter 36, Laws of 1963, which became effective on
March 13, 1963, amended RCW 37.12.010, 37.12.030, 37.12.040, and
37.12.060, repealed RCW 37.12.020, and enacted a new section codified
herein as RCW 37.12.021.
[Title 37 RCW—page 4]
37.12.050 State’s jurisdiction limited by federal law.
The jurisdiction assumed pursuant to this chapter shall be
subject to the limitations and provisions of the federal act of
August 15, 1953 (Public Law 280, 83rd Congress, 1st Session). [1957 c 240 § 5.]
37.12.050
37.12.060 Chapter limited in application. Nothing in
this chapter shall authorize the alienation, encumbrance, or
taxation of any real or personal property, including water
rights and tidelands, belonging to any Indian or any Indian
tribe, band, or community that is held in trust by the United
States or is subject to a restriction against alienation imposed
by the United States; or shall authorize regulation of the use
of such property in a manner inconsistent with any federal
treaty, agreement, or statute or with any regulation made pursuant thereto; or shall confer jurisdiction upon the state to
adjudicate, in probate proceedings or otherwise, the ownership or right to possession of such property or any interest
37.12.060
(2008 Ed.)
Indians and Indian Lands—Jurisdiction
therein; or shall deprive any Indian or any Indian tribe, band,
or community of any right, privilege, or immunity afforded
under federal treaty, agreement, statute, or executive order
with respect to Indian land grants, hunting, trapping, or fishing or the control, licensing, or regulation thereof. [1963 c 36
§ 4; 1957 c 240 § 6.]
37.12.070 Tribal ordinances, customs, not inconsistent with law applicable in civil causes. Any tribal ordinance or custom heretofore or hereafter adopted by an Indian
tribe, band, or community in the exercise of any authority
which it may possess shall, if not inconsistent with any applicable civil law of the state, be given full force and effect in
the determination of civil causes of action pursuant to this
section. [1957 c 240 § 7.]
37.12.070
37.12.100 Quileute, Chehalis, Swinomish, Skokomish, Muckleshoot, Tulalip, and Colville Indian reservations—Retrocession of criminal jurisdiction—Intent. It is
the intent of the legislature to authorize a procedure for the
retrocession, to the Quileute Tribe, Chehalis Tribe, Swinomish Tribe, Skokomish Tribe, Muckleshoot Tribe, Tulalip
Tribes, and the Colville Confederated Tribes of Washington
and the United States, of criminal jurisdiction over Indians
for acts occurring on tribal lands or allotted lands within the
Quileute, Chehalis, Swinomish, Skokomish, Muckleshoot,
Tulalip, or Colville Indian reservation and held in trust by the
United States or subject to a restriction against alienation
imposed by the United States.
RCW 37.12.100 through 37.12.140 in no way expand the
Quileute, Chehalis, Swinomish, Skokomish, Muckleshoot,
Tulalip, or Colville tribe’s criminal or civil jurisdiction, if
any, over non-Indians or fee title property. RCW 37.12.100
through 37.12.140 shall have no effect whatsoever on water
rights, hunting and fishing rights, the established pattern of
civil jurisdiction existing on the lands of the Quileute, Chehalis, Swinomish, Skokomish, Muckleshoot, Tulalip, or
Colville Indian reservation, the established pattern of regulatory jurisdiction existing on the lands of the Quileute, Chehalis, Swinomish, Skokomish, Muckleshoot, Tulalip, or
Colville Indian reservation, taxation, or any other matter not
specifically included within the terms of RCW 37.12.100
through 37.12.140. [1995 c 202 § 1; 1995 c 177 § 1; 1994 c
12 § 1; 1988 c 108 § 1; 1986 c 267 § 2.]
37.12.100
Reviser’s note: This section was amended by 1995 c 177 § 1 and by
1995 c 202 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Severability—1986 c 267: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1986 c 267 § 8.]
37.12.110 Quileute, Chehalis, Swinomish, Skokomish, Muckleshoot, Tulalip, and Colville Indian reservations—Retrocession of criminal jurisdiction—Definitions. Unless the context clearly requires otherwise, the following definitions apply throughout RCW 37.12.100 through
37.12.140:
(1) "Colville reservation" or "Colville Indian reservation," "Quileute reservation" or "Quileute Indian reserva37.12.110
(2008 Ed.)
37.12.120
tion," "Chehalis reservation" or "Chehalis Indian reservation," "Swinomish reservation" or "Swinomish Indian reservation," "Skokomish reservation" or "Skokomish Indian
reservation," "Muckleshoot reservation" or "Muckleshoot
Indian reservation," or "Tulalip reservation" or "Tulalip
Indian reservation" means all tribal lands or allotted lands
lying within the reservation of the named tribe and held in
trust by the United States or subject to a restriction against
alienation imposed by the United States, but does not include
those lands which lie north of the present Colville Indian reservation which were included in original reservation boundaries created in 1872 and which are referred to as the "diminished reservation."
(2) "Indian tribe," "tribe," "Colville tribes," or "Quileute,
Chehalis, Swinomish, Skokomish, Muckleshoot, or Tulalip
tribe" means the confederated tribes of the Colville reservation or the tribe of the Quileute, Chehalis, Swinomish,
Skokomish, Muckleshoot, or Tulalip reservation.
(3) "Tribal court" means the trial and appellate courts of
the Colville tribes or the Quileute, Chehalis, Swinomish,
Skokomish, Muckleshoot, or Tulalip tribe. [1995 c 202 § 2;
1995 c 177 § 2; 1994 c 12 § 2; 1988 c 108 § 2; 1986 c 267 §
3.]
Reviser’s note: This section was amended by 1995 c 177 § 2 and by
1995 c 202 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Severability—1986 c 267: See note following RCW 37.12.100.
37.12.120
37.12.120 Quileute, Chehalis, Swinomish, Skokomish, Muckleshoot, Tulalip, and Colville Indian reservations—Retrocession of criminal jurisdiction—Proclamation by governor. Whenever the governor receives from the
confederated tribes of the Colville reservation or the Quileute, Chehalis, Swinomish, Skokomish, Muckleshoot, or
Tulalip tribe a resolution expressing their desire for the retrocession by the state of all or any measure of the criminal jurisdiction acquired by the state pursuant to RCW 37.12.021
over lands of that tribe’s reservation, the governor may,
within ninety days, issue a proclamation retroceding to the
United States the criminal jurisdiction previously acquired by
the state over such reservation. However, the state of Washington shall retain jurisdiction as provided in RCW
37.12.010. The proclamation of retrocession shall not
become effective until it is accepted by an officer of the
United States government in accordance with 25 U.S.C. Sec.
1323 (82 Stat. 78, 79) and in accordance with procedures
established by the United States for acceptance of such retrocession of jurisdiction. The Colville tribes and the Quileute,
Chehalis, Swinomish, Skokomish, Muckleshoot, and Tulalip
tribes shall not exercise criminal or civil jurisdiction over
non-Indians. [1995 c 202 § 3; 1995 c 177 § 3; 1994 c 12 § 3;
1988 c 108 § 3; 1986 c 267 § 4.]
Reviser’s note: This section was amended by 1995 c 177 § 3 and by
1995 c 202 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Severability—1986 c 267: See note following RCW 37.12.100.
[Title 37 RCW—page 5]
37.12.130
Title 37 RCW: Federal Areas—Indians
37.12.130 Quileute, Chehalis, Swinomish, and
Colville Indian reservations—Retrocession of criminal
jurisdiction—Savings. An action or proceeding which has
been filed with any court or agency of the state or local government preceding the effective date of retrocession of jurisdiction under RCW 37.12.100 through 37.12.140 shall not
abate by reason of the retrocession or determination of jurisdiction. [1986 c 267 § 6.]
37.12.130
Severability—1986 c 267: See note following RCW 37.12.100.
37.12.140 Quileute, Chehalis, Swinomish, and
Colville Indian reservations—Retrocession of criminal
jurisdiction—Short title. RCW 37.12.100 through
37.12.140 may be known and cited as the Indian reservation
criminal jurisdiction retrocession act. [1988 c 108 § 4; 1986
c 267 § 1.]
37.12.140
Severability—1986 c 267: See note following RCW 37.12.100.
37.12.150 Retrocession of federal jurisdiction over
lands excluded from Olympic National Park. The state of
Washington hereby accepts retrocession from the United
States of the jurisdiction which the United States acquired
over those lands excluded from the boundaries of the Olympic National Park by 16 U.S.C. Sec. 251e. The lands restored
to the Quileute Indian Reservation by Public Law 94-578
shall be subject to the same Washington state and tribal jurisdiction as all other lands within the Quileute Reservation.
[1988 c 108 § 5.]
37.12.150
five years of September 1, 1979, and applied toward the completion of the "people’s lodge," ownership of the property
and/or facility developed with the proceeds of the bonds
issued under this section shall be transferred to the state.
Expenditure of these bond proceeds shall be conditioned on
prior approval by the director of general administration of
any real estate acquisitions and of construction plans for any
building and/or grounds projects. The director’s approval
shall be based on a finding that any real estate to be acquired
is appraised at or above the purchase price, that any construction plans for building and/or grounds projects provide for
completion of any facilities contemplated therein, and that
there are funds in an amount sufficient to finish the project so
that it is fully operational for its intended uses.
The state finance committee is authorized to prescribe
the form of such bonds, the time of sale of all or any portion
or portions of such bonds, and the conditions of sale and issuance thereof.
Each such bond and bond anticipation note shall pledge
the full faith and credit of the state of Washington and contain
an unconditional promise to pay the principal and interest
when due. The committee may provide that the bonds, or any
of them, may be called prior to the due date thereof under
such terms and conditions as it may determine. The state
finance committee may authorize the use of facsimile signatures in the issuance of the bonds. [1985 c 57 § 20; 1983 1st
ex.s. c 54 § 7; 1979 ex.s. c 246 § 1; 1975-’76 2nd ex.s. c 128
§ 1.]
Effective date—1985 c 57: See note following RCW 18.04.105.
Chapter 37.14 RCW
INDIAN CULTURAL FACILITY BOND ISSUE
Chapter 37.14
Sections
37.14.010
37.14.020
37.14.030
37.14.040
37.14.050
37.14.900
General obligation bonds—Authorized—Issuance, sale,
terms, etc.
Anticipation notes—Proceeds of bonds and notes.
Administration of proceeds.
Retirement of bonds from Indian cultural center construction
bond redemption fund—Source—Remedies of bond holders.
Legal investment for public funds.
Severability—1975-’76 2nd ex.s. c 128.
37.14.010 General obligation bonds—Authorized—
Issuance, sale, terms, etc. Solely for the purpose of providing a matching grant for the planning, design, acquisition,
construction, furnishing, equipping, remodeling, and landscaping of a regional Indian cultural, educational, tourist, and
economic development facility designated as the "people’s
lodge," the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of
one million dollars or so much thereof as shall be required to
finance that portion of the grant by the state for said project as
is set forth by appropriation from the Indian cultural center
construction account in the state treasury for such purposes,
to be paid and discharged within thirty years of the date of
issuance in accordance with Article VIII, section 1 of the
Constitution of the state of Washington. All earnings of
investments of balances in the Indian cultural center construction account shall be credited to the general fund.
If one hundred fifteen thousand dollars or more in additional federal and/or private funding is not secured within
37.14.010
[Title 37 RCW—page 6]
Severability—1983 1st ex.s. c 54: See RCW 43.83.196.
37.14.020 Anticipation notes—Proceeds of bonds
and notes. At the time the state finance committee determines to issue such bonds authorized in RCW 37.14.010 or a
portion thereof, it may issue, in the name of the state, temporary notes in anticipation of the money to be derived from the
sale of the bonds, which notes shall be designated as "anticipation notes". The proceeds from the sale of bonds and notes
authorized by this chapter shall be deposited in the Indian
cultural center construction account of the general fund
hereby created in the state treasury and shall be used exclusively for the purposes specified in this chapter and for the
payment of expenses incurred in the issuance and sale of such
bonds and notes: PROVIDED, Such portion of the proceeds
of the sale of such bonds as may be required for the payment
of the principal and interest on such anticipation notes as
have been issued, shall be deposited in the bond redemption
fund created in RCW 37.14.040. [1975-’76 2nd ex.s. c 128 §
2.]
37.14.020
37.14.030 Administration of proceeds. The principal
proceeds from the sale of the bonds authorized in this chapter
and deposited in the Indian cultural center construction
account in the general fund shall be administered by the executive director of the arts commission. [1975-’76 2nd ex.s. c
128 § 3.]
37.14.030
37.14.040 Retirement of bonds from Indian cultural
center construction bond redemption fund—Source—
Remedies of bond holders. The Indian cultural center con37.14.040
(2008 Ed.)
Acquisition of Lands for Permanent Military Installations
struction bond redemption fund of 1976 is hereby created in
the state treasury, which fund shall be exclusively devoted to
the payment of interest on and retirement of the bonds and
notes authorized by this chapter.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
needed in the ensuing twelve months to meet bond retirement
and interest requirements, and on July 1st of each year the
state treasurer shall deposit such amount in the Indian cultural center construction bond redemption fund of 1976 from
any general state revenues received in the state treasury and
certified by the state treasurer to be general state revenues.
The owner and holder of each of the bonds or the trustee
for any of the bonds, by mandamus or other appropriate proceeding, may require and compel the transfer and payment of
funds as directed herein. [1975-’76 2nd ex.s. c 128 § 4.]
37.14.050 Legal investment for public funds. The
bonds authorized by this chapter shall be a legal investment
for all state funds or for funds under state control and all
funds of municipal corporations. [1975-’76 2nd ex.s. c 128 §
5.]
37.14.050
37.14.900 Severability—1975-’76 2nd ex.s. c 128. If
any provision of this 1976 act, or its application to any person
or circumstance is held invalid, the remainder of the act, or
the application of the provision to other persons or circumstances is not affected. [1975-’76 2nd ex.s. c 128 § 6.]
37.14.900
37.16.180
tution, the consent of the legislature of the state of Washington is hereby given to the United States to acquire by
donation from any county acting under the provisions of this
chapter, title to all the lands herein intended to be referred to,
to be evidenced by the deed or deeds of such county, signed
by the chairman of its board of county commissioners and
attested by the clerk of such board under the seal of such
board, and the consent of the state of Washington is hereby
given to the exercise by the congress of the United States of
exclusive legislation in all cases whatsoever, over such tracts
or parcels of land so conveyed to it: PROVIDED, Upon such
conveyance being concluded, a sufficient description by
metes and bounds and an accurate plat or map of each such
tract or parcel of land be filed in the auditor’s office of the
county in which such lands are situated, together with copies
of the orders, deeds, patents, or other evidences in writing of
the title of the United States: AND PROVIDED, That all
civil process issued from the courts of this state, and such
criminal process as may issue under the authority of this state
against any person charged with crime in cases arising outside of such reservation, may be served and executed thereon
in the same mode and manner and by the same officers as if
the consent herein given had not been made. [1917 c 4 § 22;
no RRS. Formerly RCW 37.08.180.]
General cession of jurisdiction: Chapter 37.04 RCW.
Jurisdiction in special cases: Chapter 37.08 RCW.
Chapter 37.16 RCW
ACQUISITION OF LANDS FOR PERMANENT
MILITARY INSTALLATIONS
Chapter 37.16
Sections
37.16.180
Jurisdiction ceded.
Reviser’s note: Chapter 4, Laws of 1917, herein codified as chapter
37.16 RCW, is discussed in State ex rel. Board of Commissioners v. Clausen,
95 Wash. 214, 163 Pac. 744 (1917), where it is considered in conjunction
with 1917 c 3, a special act authorizing (and directing) Pierce county to condemn property and issue bonds in payment of awards therefor in order to
secure the location of Camp (now Fort) Lewis in that county. In prior compilations, Remington omitted 1917 c 4, and Pierce omitted all but section 22,
ceding the state’s jurisdiction to the United States. 1917 c 4 appears to have
been a general act and for that reason was codified herein. Most of the sections in this chapter were subsequently repealed by 1971 c 76 § 6.
Appropriation authorized in aid of federal or state improvement: RCW
8.08.090.
Condemnation for military purposes: RCW 8.04.170, 8.04.180.
Eminent domain by counties: Chapter 8.08 RCW.
Joint armory sites: RCW 36.64.050.
Lease or conveyance to the state or to United States for military, housing and
other purposes: RCW 36.34.250.
Leases to United States for national defense: RCW 79.13.090.
Long term leases to United States by counties: RCW 36.34.310.
Tidelands and shorelands grants to United States: RCW 79.125.760 through
79.125.790.
Transfer of property to state or United States for military purposes or housing projects: RCW 36.34.260.
37.16.180 Jurisdiction ceded. Pursuant to the Constitution and laws of the United States, and especially to paragraph seventeen of section eight of article one of such Consti37.16.180
(2008 Ed.)
[Title 37 RCW—page 7]
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